Title
Dept/ Agency: Water & Sewer Utilities
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Intergovernmental Agreement
Purpose: Second Amendment of Master Agreement for the Transfer of Storm and Combined Sewer Buried Infrastructure
Entity Name: Passaic Valley Sewerage Commission
Entity Address: 600 Wilson Avenue, Newark, New Jersey 07105
Contract Amount: $ 0
Funding Source: N/A
Contract Period: N/A
Contract Basis: ( ) Bid ( ) State Vendor ( ) Prof. Ser. ( ) EUS
( ) Fair & Open ( ) No Reportable Contributions ( ) RFP ( ) RFQ
( ) Private Sale ( ) Grant ( ) Sub-recipient (X) n/a
Additional Information:
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WHEREAS, the City of Newark, as per direction and authorization by Resolution. 7RDo dated August 6, 2003, executed the Master Agreement for the Transfer of Storm and Combined Sewer Buried Infrastructure; and
WHEREAS, the City of Newark as per direction and authorization by Resolution 7RB-u May 19, 2004, executed an Addition to the Master Agreement; and
WHEREAS, it has been determined, based upon the redesign of the Freeman Street Combined Sewer Overflow (CSO) Facility, from a Screening Facility to a Netting Facility, to coexist in Riverfront Park, that the transfer of the Freeman Street Tide Gate Chamber from the Passaic Valley Sewerage Commission (PVSC) to the City of Newark is no longer necessary or prudent; and
WHEREAS, the PVSC desires to maintain ownership and maintenance responsibilities of the Freeman Street Tide Gate Chamber and the City of Newark agrees that said ownership and maintenance responsibilities of the Freeman Street Tide Gate Chamber should remain with the PVSC and not be assumed by the City of Newark; and
WHEREAS, the City of Newark, through the Director of the Department of Water and Sewer Utilities, wishes to execute this Second Amendment to the Master Agreement for the Transfer of Storm and Combined Sewer Buried Infrastructure with PVSC, a copy of which is attached hereto.
NOW, THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
1. The Director of the Department of Water and Sewer Utilities is hereby authorized on behalf of the City of Newark to execute this Second Amendment to the Master Agreement for the Transfer of Storm and Combined Sewer Buried Infrastructure with PVSC, so that Item No. 6 is omitted from the Master Agreement’s Schedule B, and so that ownership and maintenance of the Freeman Street Tide Gate Chamber is not transferred from the PVSC to the City of Newark, but instead remains with the PVSC.
2. This Second Amendment is entered pursuant to N.J.S.A. 40A:11-5(2) as it is between two political subdivisions of the State of New Jersey.
3. A fully executed copy of this Second Amendment to the Master Agreement for the Transfer of Storm and Combined Sewer Buried Infrastructure with PVSC shall be filed with the Office of the City Clerk by the Director of the Department of Water and Sewer Utilities.
4. There shall be no amendments or changes to this Second Amendment of the Master Agreement without approval of the Municipal Council of the City of Newark.
5. Notice of this action shall be printed in a local newspaper as required by law within ten (10) days hereof.
STATEMENT
This resolution authorizes the Director of the Department of Water and Sewer Utilities to execute the attached Second Amendment to the Master Agreement for the Transfer of Storm and Combined Sewer Buried Infrastructure with Passaic Valley Sewerage Commission (PVSC), so as to omit Item No. Six (6) from Schedule B of the Master Agreement, so that ownership and maintenance of the Freeman Street Tide Gate Chamber remains with the PVSC.