Resolution #060002

Renewing Authorization to New Jersey American Water Company

to Provide Public Fire Protection Service to the Township of Bernards through

Private Fire Hydrants for the Year 2006

WHEREAS, the New Jersey American Water Company, Inc. is a regulated public utility corporation of the State of New Jersey presently in possession of municipal consent as required by N.J.S.A. 48:19-17 and 48:19-20, as amended, to provide water service within the Township of Bernards; and

WHEREAS, the Township of Bernards desires that New Jersey American Water Company, Inc. own, operate and maintain fire hydrants on and along such roads, streets and places within the Township of Bernards at locations to be designated by the Township of Bernards; and

WHEREAS, it is deemed to be in the best interest of the citizens of the Township of Bernards that New Jersey American Water Company be authorized to add to the number of public fire protection hydrants within the Township; and

WHEREAS, N.J.S.A. 40A:11-5(1)(f) permits a municipality to contract with a public utility, without bidding, for products or services in accordance with tariffs and schedules of charges filed with the Board of Public Utilities;

NOW THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Bernards as follows:

  1. The governing body of the Township of Bernards hereby authorizes New Jersey American Water Company to provide public fire protection service to the Township through the private fire hydrants listed on Schedule A hereto and located in the Township.
  1. The Township of Bernards hereby agrees to pay to New Jersey-American Water Company, the appropriate public fire protection service charge for the private fire hydrants described on Schedule A hereto. The Township recognizes that public fire protection service charges will be rendered by New Jersey American Water Company pursuant to the terms and provisions of its tariff on file with the New Jersey Board of Regulatory Commissioners, which tariff may be amended from time to time.
  1. The term of the contract shall begin on the date that this resolution is adopted, and continue until an extension is granted or for twelve (12) months, whichever is sooner. The municipality may, by resolution, extend the contract for successive terms, each having a duration of twelve (12) months.
  1. The clerk shall send a copy of this resolution, upon adoption, to the New Jersey American Water Company
  1. To the extent that any part or parts of this resolution are repealed or otherwise modified or voided by statute or case law, the remaining sections of this resolution shall remain in full force and effect.

Agenda and Date Voted:1/2/06

SCHEDULE A

Association/Development /

Number of Hydrants

Amherst Mews / 9
Countryside / 3
Hamilton Crest / 5
Hamilton Ridge / 7
Hamilton Woods / 12
Lord Stirling Village / 3
Maple Run / 6
Patriot Hill / 12
Patriot Mews / 5
Society Hill I / 11
Society Hill II / 8
Spring Ridge Madison Village / 11
Spring Ridge Master Association / 4
The Barons / 10
The Ridge / 2
The Cedars / 22

Agenda and Date Voted:1/2/06