[Adopted 6-18-1984]
Should the said Washington Electric Company,
its successors or assigns fail to begin construction of the line for
the lighting of the Borough of Glen Gardner on or before July 15,
or shall they fail to complete said line ready to begin the service
of lighting the said Borough of Glen Gardner on or before November
15, 1922, then this franchise herein granted shall stand forfeited
and the rights of the said Washington Electric Company, its successors
or assigns under said franchise shall immediately cease and terminate.
Elizabethtown Gas Company of New Jersey, a public
utility corporation of the State of New Jersey, with principal offices
at One Elizabethtown Plaza, Elizabeth, New Jersey 07207, its successors
and assigns, be, and it hereby is, authorized to construct, lay, maintain
and operate, for a period of 50 years, the necessary mains, conductors,
pipes and concomitant appurtenances for the purpose of conveying,
storing, supplying and distributing natural and mixed gas for light,
heat, power and other purposes for public and private use and consumption
along and under all the streets, avenues parks, parkways, highways
or other public places within the Borough of Glen Gardner in the County
of Hunterdon and State of New Jersey, as they now exist or may be
hereinafter laid out by the municipal authorities or the said borough
or dedicated to said municipality by private persons or public agencies.
Said company, its successors and assigns shall have the further right,
privilege and franchise of using any of its mains and pipes in this
borough for the transmission, transportation and delivery of gas to
any other municipality in the streets or public places of which it
may also have lawful authority to lay or maintain its mains or pipes
for the distribution of gas.
In all cases in which openings or excavations
are made for the purposes aforesaid, Elizabethtown Gas Company of
New Jersey shall restore at its own expense all such streets, avenues,
parks, parkways, highways, sidewalks, grass plots, curbs or other
public places to their preexisting condition at the commencement of
the said work; said work to be done in a careful, prudent and workmanlike
manner and within such time as shall be best for the proper restoration
thereof. If said company shall refuse or neglect, after five days'
notice, in writing, by the Borough Clerk, to restore to its preexisting
condition any such street, avenue, park, parkway, highway, sidewalk,
grass plot, curb or other public place after having made such opening,
excavation or restoration, the necessary work may be done by the Borough,
and the company shall be liable for the actual and necessary costs
thereof and, upon receiving notice of the cost thereof, shall forthwith
pay the same to the borough.
The said Elizabethtown Gas Company of New Jersey
shall give 10 days' written notice to the Borough Council, or to its
duly authorized officials, of its intention to open or excavate a
street or other public place as aforesaid, except that said notice
requirement shall be waived in the event of emergent circumstances,
and shall abide by any ordinance now existing or hereafter passed,
and not inconsistent with the provisions of this ordinance, by said
borough regulating the excavation and opening of streets, roads or
highways.
The work of laying or repairing gas mains and/or
distribution lines and laterals shall be done by the company in a
careful, prudent and workmanlike manner at its own expense.
Elizabethtown Gas Company of New Jersey shall
at all times protect and save harmless the Borough of Glen Gardner
from any and all damages or injury to person or property and from
any and all actions, damages, costs or charges which may be caused
by, grow out of, relate to or result from the company's negligence
in the construction, laying, repairing, inspecting, altering or maintaining
of mains, conductors and pipes and the appurtenances thereto.
The said Elizabethtown Gas Company of New Jersey shall execute and file with the Clerk of the borough its bond in the penal sum of $10,000 in satisfactory form, guaranteeing its performance of the conditions of § A195-7 of this ordinance, and shall execute and file with the Clerk of the borough its bond in the penal sum of $100,000 guaranteeing its performance of the conditions of § A195-9 of this ordinance, which bonds shall be enlarged or renewed from time to time as the Borough Council may require.
Elizabethtown Gas Company of New Jersey shall
file with the Clerk of the Borough of Glen Gardner its written acceptance
of the terms and conditions of this ordinance within 30 days after
the date of its final passage; further, said company shall seek the
approval of the franchise consent and the terms and conditions of
this ordinance from the Board of Public Utilities of the State of
New Jersey pursuant to law.
This ordinance shall take effect, subject to
the provisions aforesaid, immediately upon its adoption and publication
according to law.
