Ordinance No. 10-11

Introduced: June 24, 2010
Public Hearing: August 26, 2010
Status: Adopted

An ordinance granting a franchise expansion and permission for United Water Vernon Sewage Inc. and United Water Great Gorge Inc., to lay their sewer pipes beneath such public roads, streets and alleys as may be necessary for their corporate purposes and to construct and maintain sewer pipes and manholes on and along public streets in the Township of Vernon, County of Sussex, State of New Jersey

WHEREAS, United Water Vernon Sewage Inc. and United Water Great Gorge Inc., New Jersey public utility corporations having their principal offices at 200 Old Hook Road, Harrington Park, New Jersey, (the “Sewer Company), desire to expand the Vernon Sewer Franchise area and lay and otherwise own and maintain sewer pipes beneath such public roads, streets, alleys and places as they may deem necessary for their purposes and to construct and maintain sewer pipes and manholes in and along such roads, streets, alleys and places, and desire to obtain the consent of the Township of Vernon for the same pursuant to N.J.S.A. 48:19-17, N.J.S.A. 40:67-1 and such pertinent statutes of the State of New Jersey; and

WHEREAS, the Sewer Company owns and operates a sewer franchise collection and transmission system (the “System”) granted by Vernon and approved by the New Jersey Board of Public Utilities (“BPU”), located in Vernon, Sussex County, New Jersey; and

WHEREAS, the Township and the Sewer Company entered into a Sewer Extension Agreement in December, 2009 to permit sewer connections in the Vernon Town Center, including a portion of Mountain Creek. A copy of the 2009 Sewer Extension Agreement is attached hereto; and

WHEREAS, so as to implement the provisions of the aforesaid Sewer Extension Agreement, including but not limited to Article 2.1, it is necessary to expand the sewer franchise area to include the geographic region of Vernon known as the Town Center, as hereinafter described; and

WHEREAS, granting consent for said purpose is necessary and proper for the public convenience and properly serves the public interest; and

WHEREAS, United Water Vernon Sewage Inc. and United Water Great Gorge Inc., are public utilities created and organized under the laws of the State of New Jersey to operate and maintain facilities for the provision of wastewater collection and transmission for residential and commercial use.

NOW, THEREFORE, BE IT ORDAINED by the Township Council of the Township of Vernon in the County of Sussex and State of New Jersey as follows:

Section 1. United Water Vernon Sewage Inc. and United Water Great Gorge Inc., are hereby given the consent and permission of the Township of Vernon to expand the Sewer Franchise area, subject to BPU approval, and to own, install/lay, maintain and relay sewer pipes and manholes beneath such public roads, streets, alleys and places as they may deem necessary for their corporate purposes, subject to such additional approvals or consents as the law may require, and to construct and maintain sewer mains and manholes in and along such roads, streets, alleys and places within the lands and premises hereinafter designated and under all public roads, streets, alleys and places abutting same, viz;

As to United Water Vernon Sewage Inc. which will furnish only sewage transmission service applicable to a municipal exempt utility: Those tracts or parcels of land, generally located in the Vernon Town Center, shown on the Tax Map of the Township of Vernon and designated as follows: Block 141, Lots: 2, 10, 10.01-10.05, 12, 12.04-12.07, 13, 13.01, 15.03-15.05, 16.02, 18; Block 141.01; Block 141.02; Block 141.03; Block 141.04; Block 141.05; Block 142, Lots: 1-3, 6-8, 8.01, 9, 9.01, 9.02, 10, 11; Block 142.01; Block 143, Lot 19; Block 144, Lots: 11, 16-24, 28.01, 32, 32.01, 36, 37; Block 144.01; Block 145, Lots: 1, 1.01-1.05, 2-5, 5.01, 6-8; Block 146, Lots: 3, 4, 6; Block 147, Lots: 1, 2, 2.01, 2.03, 3; Block 148.

Vernon Township will furnish collection sewer services to all the above-referenced tracts or parcels of land.

As to United Water Great Gorge Inc. (collection sewer service) and United Water Vernon Sewage Inc. (transmission sewer service) which will furnish sewage collection and transmission services applicable to non-exempt utilities:

Those tracts or parcels of land shown on the Tax Map of the Township of Vernon and designated as follows:

Block 183, Lots: 12-13; Block 184, Lot 13; Block 190, Lots: 9, 10, 10.01.

Section 2. The consent and permission granted by this Ordinance is made expressly subject to the following conditions: in the event of any disturbance of pavement, sidewalk, driveway or other surfacing of any public street, road, highway or other public place, caused by United Water Vernon Sewage Inc. and/or United Water Great Gorge Inc., the Sewer Company shall at its own cost and expense, replace and restore all paving, sidewalks, driveway and other surface of any street, road, highway or other public place disturbed, in as good a condition as before said work was commenced, and shall maintain the restoration for a period of six months.

Section 3. The Sewer Company shall accept this Ordinance in writing within thirty (30) days after the final passage hereof.

Section 4. The consent and permission granted herein is unlimited in time. However, both the Township of Vernon and the Sewer Company may exercise their respective rights under the 2009 Sewer Extension Agreement.

Section 5. This Ordinance shall take effect immediately upon its final passage and publication according to law subject only to the approval of the New Jersey Board of Public Utilities as required by law.

Section 6. All ordinances or parts of ordinances or resolutions that are in conflict with the provisions of this Ordinance are repealed to the extent necessary.