ORDINANCE NO. 05-03

AN ORDINANCE VACATING A PORTION OF HOWELL AVENUE,

A PUBLIC STREET OF THE BOROUGH OF HILLSDALE,

COUNTY OF BERGEN, STATE OF NEW JERSEY

WHEREAS, the Borough Council of the Borough of Hillsdale has determined that it is in the best interest of the public to vacate rights over a certain portion of a street located within the Borough of Hillsdale, pursuant to N.J.S.A. 40:67-1; and

NOW, THEREFORE, BE IT ORDAINED, by the Borough Council of the Borough of Hillsdale:

Section 1. Those portions of Howell Avenue within the Borough of Hillsdale, set forth on Schedule A attached hereto are hereby vacated;

Section 2. Specifically excepted and reserved from this vacation are all rights and privileges now possessed by public utilities, as defined in RSs. 48:2-13, and by any cable company, as defined in the “Cable Television Act,” P.L. 1972,c. 186 (C.48:5A-1 et seq.)

Section 3. 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.

Section 4. All Ordinances or any provisions of any ordinances inconsistent with the provisions of this ordinance are hereby repealed as to such inconsistencies and not otherwise.

Section 5. This Ordinance shall become effective upon final passage and publication according to law.

BE IT FURTHER ORDAINED, that upon final passage that the Municipal Clerk transmit a certified copy for filing to the office of the County Clerk along with proof of publication.