Ordinance No. 10-22

Introduced: October 28, 2010
Public Hearing: November 29, 2010
Status: Adopted

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

WHEREAS, United Water New Jersey Inc., a New Jersey public utility corporation having its principal offices at 200 Old Hook Road, Harrington Park, New Jersey, (the “Water Company”), desires to expand its Vernon water franchise area in order to service Great Gorge Terrace Condominium Association, Inc., a 44-unit condominium complex located at Block 232.01, Lots 1 through 44 on the tax map of the Township of Vernon and otherwise construct, own and maintain water pipes from the Water Company’s water supply facilities at Mountain Creek South in Vernon Township in and along the shoulder of Route 517 to Great Gorge Terrace Condominium Association’s system, and desires 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 Water Company owns and operates a water franchise 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, it is necessary to expand the water franchise area to include the geographic region of Vernon known as Great Gorge Terrace Condominium Association, Inc., a 44 condominium unit complex to be served by the Water Company, 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, the Water Company is a public utility created and organized under the laws of the State of New Jersey to operate and maintain facilities for the provision and transmission of water 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 New Jersey Inc., is hereby given the consent and permission of the Township of Vernon to expand its water franchise area, subject to BPU approval, and to own, install/lay, maintain and relay a pipe or pipes beneath Route 517 from the Water Company’s water supply facilities at Mountain Creek South in Vernon Township to service Great Gorge Terrace Condominium Association, Inc., subject to such additional approvals or consents as the law may require, and to construct and /or maintain such pipe(s) in and along Route 517 and to the lands and premises designated as those tracts or parcels of land shown on the Tax Map of the Township of Vernon as follows: Block 232.01, Lots 1 through 44, known as the Great Gorge Terrace Condominiums.

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 the Water Company, the Water 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 Water 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.

Section 5. This Ordinance shall take effect immediately upon its final passage and publication according to law subject only to (i) the approval of the New Jersey Board of Public Utilities as required by law; and (ii) Great Gorge Terrace Condominium Association, Inc receiving sufficient funding to pay for its obligations to the Water Company pursuant to a Developer’s Agreement dated December 16, 2009 between the Water Company and Great Gorge Terrace Condominium Association, Inc. If said funding is not obtained within the six (6) months from the effective date of this Ordinance, this Ordinance shall become null and void and of no further force or effect.

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.