WHEREAS, the Upper Freehold Regional School District has requested that the Township Committee of Upper Freehold Township expand the water franchise area with the consent of Aqua Water Company (formerly Consumers New Jersey Water Company) pursuant to its Ordinances 158-05 (excepting location) and 18-95 and the Amendatory Ordinance 88-02, to provide public water to the new middle school site on Breza Road; and,

WHEREAS, consent was granted for a limited service area to Consumers New Jersey Water Company, now Aqua Water Company by the adoption of Ordinances 158-05 and 18-95, December 1, 1995 and extended further to certain residences on Ellisdale Road by adoption of Ordinance 88-02 on March 20, 2002; approved by the Board of Public Utilities (BPU) and granted by the New Jersey Department of Environmental Protection (NJDEP); and,

WHEREAS, the Township Committee of Upper Freehold Township feels it is in the best interest of the residents and crucial to the health, safety and welfare of the students of the Upper Freehold Regional School District’s proposed new middle school facility to extend the prior Municipal Consent to Consumers New Jersey Water Company, now Aqua Water Company, pursuant to applicable law including R.S. 48:19-17 to provide water service to an additional described area as more particularly described in this Ordinance for those lots along Yardville-Allentown Road on the southerly side from Block 46, Lot 15 down to and including Block 46, Lot 4.01. On the northerly side, it includes all the properties from Block 44, Lot 4.01 down to and including Block 44, Lot 13 and to permit Aqua Water Company as may be necessary to construct, operate, manage and maintain a distribution system to provide water service to that area and those residents, property owners and citizens within that franchise area; and,

NOW THEREFORE BE IT ORDAINED by the Township Committee of Upper Freehold Township in the County of Monmouth and State of New Jersey that this "amendatory" Ordinance to the Municipal Consent amends and supplements Ordinances 158-05 (excepting location), 18-95 and 88-02 in the following manner:

Section 1. All provisions of Ordinance 18-95 as adopted in 2005 and 1995 and Ordinances 158-05 (excepting location) adopted in 2005 and 88-02 adopted in 2002, actions taken pursuant to same in granting Municipal Consent to Consumers New Jersey Water Company (CNJWC), now Aqua Water, are hereby re-affirmed as if more specifically set forth at length herein with the primary amendatory change herein intended to increase the service area as hereinafter described by the Engineer for the Upper Freehold Regional School District, Van Cleef Engineering Associates and reviewed by the Township Engineer and agreed to by Aqua Water Company.

Section 2. Pursuant to law including R.S. 48:19-17 additional supplemental Municipal Consent is hereby given to Aqua Water Company, a utility corporation of the State of New Jersey (the "service grantee") to construct, operate, maintain and manage a water distribution system or systems in an additional area as herein described (Breza Road School Site) in addition to the grant by Ordinances 158-05 (excepting location) and 18-95 and Ordinance 88-02 to service the additional land hereinafter described subject to and in accordance with any and all required approvals of the New Jersey Department of Environmental Protection ("DEP") and the Board of Public Utilities ("BPU") with the full responsibility to undertake the acquiring of those approvals as needed to be that of Aqua Water Company as agreed to by Aqua Water Company in order that those public entities as may be necessary approve the Amended and Supplemental Consent herein granted:

THE NEW AMENDATORY AREA SHALL INCLUDE AND BE LIMITED TO ALL THOSE CERTAIN TRACTS OF LAND situate in Upper Freehold Township, County of Monmouth, State of New Jersey, bounded and described as prepared by Lippincott & Francis Consulting Engineers by Alan A. Lamoureaux, PLS, dated December 12, 2007, as follows, to wit:

Municipal Consent is further given to Aqua Water Company, the service grantee, for the use without impairment of or obstruction to the public use of the roads, streets, avenues and ways of this Township situate within the service area as amended and herein described as for the development, installation, construction, operation or maintenance and connections thereto of the necessary distribution system or systems for the purposes of supplying and furnishing water service for use within the subject described lands herein and subject as may be applicable to DEP and BPU approval as may be sought and/or necessary in the opinion of Aqua Water Company of New Jersey and applicable law.

Section 3. The aforesaid Municipal Consent and amendments and supplements herein are expressly conditioned upon the conditions set forth in Section 2. and all other provisions of Ordinances 158-05 (excepting location) and 18-95, and Ordinance 88-02 as if more specifically set forth at length herein.

Section 4. That subject to the provisions of Ordinances 158-05 (excepting location) and 18-95, and Ordinance 88-02 and including the Ordinances and construction standards stated and referred to herein, the Service Grantee shall have the privilege of laying connecting pipes from its mains to the subject lands along said streets, avenues, parks, parkways, highways, and other public places now or hereafter constructed within the Service Area, provided such private and public lands or facilities are restored to their pre-existing conditon or better subject to review and approval of the Township Engineer.

Section 5. All Ordinances or parts thereof which are inconsistent with or in conflict with this Ordinance or any part hereof are hereby repealed to the extent of said inconsistency.

Section 6. If the provisions of any section, subsection, paragraph, subdivision or clause of this Ordinance shall be adjudged invalid by a Court of competent jurisdiction, such Ordinance or Judgment shall not affect or invalidate the remainder of any section, subsection, paragraph, subdivision or clause of this Ordinance or any ordinance which is referred to herein by reference and to this end the provisions of this section, subsection, paragraph, subdivision or clause of this Ordinance are hereby declared to be severable. Should any clause, sentence or other part of this Ordinance be adjudged invalid by a Court of competent jurisdiction, such judgment shall not affect, impair or invalidate the remainder of this Ordinance.

Section 7. This Ordinance shall take effect immediately upon its passage and publication according to law.

Approved on First Reading: January 17, 2008

Approved, Passed & Adopted: February 21, 2008

DATED: ______________________________ Stephen J. Alexander, Mayor

ATTEST:

______________________________________

Barbara L. Bascom, RMC, CMC

Administrator/Clerk