State Codes and Statutes

Statutes > New-jersey > Title-48 > Section-48-13 > 48-13-16

48:13-16.  Cessation of service without board's consent prohibited; extension of corporate existence
    No corporation heretofore or hereafter incorporated under any act of the Legislature of this State for the purpose of constructing, maintaining and operating a system of sewers in any municipality of this State and which has constructed or shall construct sewers and is or shall be engaged in supplying sewerage service in any such municipality, or its successor municipality, shall  abandon or cease to operate its property or cease furnishing safe, adequate and  proper service to the public without the consent after hearing upon notice of  the Board of Public Utility Commissioners.  In case the period of existence of  any such corporation, as set forth in its certificate of incorporation or any  amendment or extension thereof, is limited or has expired or shall hereafter  expire, such corporate existence may be extended, or renewed and continued, by  the vote of two-thirds in interest of the stockholders of such corporation at a meeting of the stockholders called for such purpose, evidenced by the filing in  the office of the Secretary of State of a certificate setting forth such action, signed by the president or a vice-president and the secretary or an assistant secretary of such corporation under its corporate seal and acknowledged or proved as in the case of a deed to real estate and verified by  the oath of the secretary or an assistant secretary, and any such corporation  which shall extend or renew and continue its corporate existence in the manner  herein prescribed shall upon the filing of said certificate in the office of  the Secretary of State be vested with all the rights, powers and privileges and  subject to all the obligations, limitations and restrictions with respect to  the maintenance, operation and extension of its works, mains, pipes, sewers,  disposal plant or plants and appurtenances to the same extent and in the same  manner as a corporation organized under the provisions of the act to which this  act is a supplement, and any such corporation may lay its pipes and conduits  beneath public roads, streets, avenues and alleys in accordance with any  consent of the municipality theretofore given or any agreement with the  municipality theretofore made, subject to such reasonable regulations as to the  opening of streets or highways as may be imposed by such municipality.  No such corporation shall be released of or from any duty or liability imposed upon it or existing at the time of filing the certificate of extension or renewal and continuation in the office of the Secretary of State.

     L.1939, c. 138, p. 468, s. 1.