Ordinance No. 15-24

Introduced: September 28, 2015
Public Hearing: October 15, 2015
Status: Adopted

An ordinance of the mayor and council of the Township of Vernon, in the County of Sussex, State of New Jersey, providing for the municipal consent of the township for United Water New Jersey Inc., to provide water service to Block 263, Lots 1, 1.02, 1.03 and 1.04 in the Township of Vernon and for the laying of pipes and the installation of other utility facilities as may be necessary

WHEREAS, certain properties located in Block 263, Lots 1, 1.02, 1.03 and 1.04 within the Township of Vernon (“Township”) have historically received water service from D&M Borstad Water Company, LLC, and the continued provision of water services to such properties is in the best interest of the Township and its citizens; and

WHEREAS, United Water New Jersey Inc. is a New Jersey Public utility corporation providing water service to certain areas within the Township; and

WHEREAS, the D&M Borstad Water Company, LLC and United Water New Jersey Inc. have agreed upon such terms and conditions as will ensure the provision of water service to said properties pursuant to an Agreement of Sale; and

WHEREAS, United Water New Jersey Inc. desires to secure the consent of the Township to (i) provide water service to the aforesaid properties, and (ii) although not currently necessary, to lay water pipes beneath such public roads, streets, alleys, and places adjacent thereto as it may deem necessary in the future for its corporate purpose to provide water service to the aforesaid properties;

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

  1. United Water New Jersey Inc. is hereby given the consent and permission of the Township of Vernon to provide water service to the aforesaid properties and to lay, maintain, and relay its water pipes, mains, connections, apparatus, and appurtenances beneath such public roads, streets, alleys, and places as it may deem necessary in the future for its corporate purposes, subject to such additional approvals or consents as the law may require, within the lands and premises hereinafter designated and under all public roads, streets, alleys, or places abutting same, for the purpose of providing water service, viz:
    1. All those tracts or parcels of lands shown on the Tax Map of the Township of Vernon and designated as Block 263, Lots 1, 1.02, 1.03 and 1.04.
  2. The consent granted by this Ordinance is made expressly subject to the following conditions:
    1. In the event that the Township of Vernon shall hereafter lawfully elect to alter or change the grade of any street, alley or other public way within its jurisdiction, United Water New Jersey Inc., shall upon reasonable notice by the Township, remove, relay, or relocate its water mains, service pipes, manholes, and other fixtures at its own expense.
    2. In case of any disturbance of pavement, sidewalk, driveway, or other surfacing of any public street, road, highway, or other public places, caused by United Water New Jersey Inc. United Water New Jersey Inc., shall at its own costs and expense and in a manner approved by the Township Engineer, replace and restore all paving, sidewalks, driveways, and other surfaces of any street, road, highway, or other public place disturbed, in as good condition as before said work was commenced.
    3. United Water New Jersey Inc. shall accept this Ordinance in writing within thirty (30) days of its passage.
  3. This consent shall take effect upon the approval of the Board of Public Utilities as required by law.