Ordinance No. 06-12

Introduced: February 2, 2012
Public Hearing: February 16, 2012
Status: Adopted

An ordinance authorizing the execution of an amendment to agreement for potable water supply and service by and between the Morris County Municipal Utilities Authority and the Township of Randolph

WHEREAS, on or about March 2, 1971, the Morris County Municipal Utilities Authority (“MCMUA”) and the Township of Randolph (“Township”) entered into an Agreement whereby the MCMUA would construct certain water facilities, accept conveyance of certain Randolph water facilities, and supply water to the Township, in perpetuity, subject only to renegotiation of the costs of water supplied at the end of ten years from the first billing (“1971 Agreement”); and

WHEREAS, on or about April 7, 1983 (“1983 Amendment”) and January 16, 1991 (“1992 Amendment”), the 1971 Agreement was amended; and

WHEREAS, there has been proposed an additional amendment to the 1971 Agreement, as amended by the 1983 Amendment and the 1992 Amendment; and

WHEREAS, the Township Engineer, Township Manager, and Township Attorney have recommended to the Township Council that the terms and conditions of the proposed amendment be approved and that the amendment be executed; and

WHEREAS, the Township desires to approve the terms and conditions of the proposed amendment and authorize its execution in accordance with the recommendations of the Township Engineer, Township Manager and Township attorney.

NOW, THEREFORE, BE IT ORDAINED by the Township Council of the Township of Randolph, County of Morris, State of New Jersey as follows:

SECTION 1. The terms and conditions of a certain amendment to Agreement by and between the Morris County Municipal Utilities Authority (“MCMUA”) and the Township of Randolph (“Township”) entitled “Amendment to Agreement for Potable Water Supply and Service”, dated February 1, 2012 (“2012 Amendment”) are hereby approved, ratified and confirmed by the Township.

SECTION 2. The Mayor and Township Clerk are hereby authorized and directed to execute the 2012 Amendment, and said officials, along with the appropriate elected officials, appointed officials, employees and consultants of the Township are hereby authorized and directed to take any and all steps necessary to effectuate the purposes of this Ordinance.

SECTION 3. All ordinances or parts of ordinances in conflict or inconsistent with any part of this Ordinance are hereby repealed to the extent that they are in such conflict or inconsistent.

SECTION 4. In the event that any section, part or provision of this Ordinance shall be held to be unenforceable or invalid by any court, such holding shall not affect the validity of this Ordinance as a whole, or any part thereof, other than the part so held unenforceable or invalid.

SECTION 5. This Ordinance shall take effect twenty (20) days after adoption and publication in accordance with law.

ATTEST

_____________________________
Donna Marie Luciani, Township Clerk

TOWNSHIP OF RANDOLPH

_____________________________
Michael Guadagno, Mayor

LEGAL NOTICE
TOWNSHIP OF RANDOLPH, COUNTY OF MORRIS
ORDINANCE NO. 06-12

NOTICE is hereby given that an Ordinance entitled “An Ordinance Authorizing the Execution of Amendment to an Agreement for Potable Water Supply and Service by and Between the Morris County Municipal Utilities Authority and The Township of Randolph” was submitted in writing at a regular meeting of the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, held on February 2, 2012 and was introduced, read by title and padded on first reading. A State of Purpose of the Ordinance is contained below. The Governing Body of the Township of Randolph will further consider the Ordinance for second reading and final passage thereof at their regular meeting to be held on February 16, 2012 at 7:00 p.m. prevailing time, at the Municipal Building, 502 Millbrook Avenue, Randolph, New Jersey 07869, at which time and place a public hearing will be heard thereon by the Governing Body and all parties in interest and citizens shall have an opportunity to be heard concerning said Ordinance.

Statement of Purpose of Ordinance

The purpose of the above Ordinance is to approve the terms and conditions of the 2012 Amendment to the March 2, 1971 Water Supply Agreement entered into between the Morris County Municipal Utilities Authority and the Township of Randolph, and authorize its execution in accordance with the recommendations of the Township Engineer, Township Manager and Township Attorney.

A copy of the full Ordinance and Amendment to the Agreement are available to any member of the general public, without cost, at the Township of Randolph, Municipal Building, 502 Millbrook Avenue, Randolph, New Jersey, at the Office of the Township Clerk, between the hours of 9:00 a.m. and 4:30 p.m.

_____________________________
Donna Marie Luciani, Township Clerk
Township of Randolph
County of Morris, State of New Jersey