TOWNSHIP OF HARDYSTON   ORDINANCE NO. 2025-11   AN ORDINANCE OF THE TOWNSHIP OF HARDYSTON, COUNTY OF SUSSEX AND STATE OF NEW JERSEY, AUTHORIZING THE TOWNSHIP TO EXECUTE AN AGREEMENT BETWEEN THE TOWNSHIP OF HARDYSTON AND AQUA NEW JERSEY, INC. GRANTING TO AQUA NEW JERSEY, INC. THE FRANCHISE TO SERVE AND MUNICIPAL CONSENT AND PERMISSION TO CONSTRUCT, OPERATE, AND MAINTAIN WATER FACILITIES IN THE TOWNSHIP RIGHTS OF WAY IN THE LAKE TAMARACK SERVICE AREA   WHEREAS, Aqua New Jersey, Inc., currently provides water services pursuant to rates and tariffs approved by the New Jersey Board of Public Utilities; and   WHEREAS, Lake Tamarack Water Company currently provides water services to the Lake Tamarack Service Area of Hardyston Township; and   WHEREAS, it has come to the attention of the Township Council that Aqua New Jersey, Inc. wishes to purchase from the Lake Tamarack Water Company the rights to provide water services to the Lake Tamarack Service Area; and   WHEREAS, the Township Council has determined that the provision of such services is best accomplished by a method which does not involve public funds and which minimizes municipal financial responsibility and liability; and   WHEREAS, Aqua New Jersey, Inc. has significant experience as the operator of water and wastewater utilities which have been approved by the New Jersey Board of Public Utilities; and   WHEREAS, the Township Council has determined that it is in the best interests of the Township’s residents to authorize the provision of centralized water services in the Lake Tamarack Service Area to Aqua New Jersey, Inc.; and   WHEREAS, the Township Council has determined that it has the authority to authorize the attached Franchise Agreement:   Agreement Between the Township of Hardyston and Aqua New Jersey, Inc., Granting the Franchise to Serve and Municipal Consent and Permission to Construct, Operate and Maintain Water Facilities in the Township Rights of Way   (hereinafter referred to as “Franchise Agreement”).   NOW, THEREFORE BE IT ORDAINED by the Township Council of the Township of Hardyston, County of Sussex, State of New Jersey, as follows:   1. That the attached Franchise Agreement referenced herein is hereby approved and the Mayor and Township Clerk are hereby authorized to execute the attached Franchise Agreement between the Township and Aqua New Jersey, Inc. 2. That any other Township officials and professionals are hereby authorized and directed to take all actions necessary in order to effectuate the intentions of this Ordinance. 3. That all other Ordinances or parts of Ordinances inconsistent herewith are hereby repealed to the extent of such inconsistencies. 4. That if any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional or invalid, such decision shall not affect the remaining portions of this Ordinance. 5. That this Ordinance shall take effect immediately upon final passage and publication in accordance with the law.   ATTEST: Dana Vitz, Deputy Municipal Clerk Brian Kaminski, Mayor   NOTICE TAKE NOTICE that the above entitled ordinance was introduced at a regular meeting of the Township Council of the Township of Hardyston on November 12, 2025 and will be considered for final passage after public hearing at a regular meeting of the Township Council of the Township of Hardyston to be held on December 10, 2025 at 7:00pm in the Municipal Building, 149 Wheatsworth Road, Hardyston, New Jersey 07419.   Dana Vitz, Deputy Municipal Clerk Nov 18, 2025  ($99.82)