The said Hanover Gas Company, its successors or assigns, are
hereby granted the right to erect, maintain and operate works for
the manufacture of gas in the Borough of Hanover, and are further
hereby granted the right and privilege of laying, placing and maintaining
mains, pipes and their appurtenances in, through and under the streets,
roads, highways, alleys and public places of said Borough for the
purpose of supplying gas therein, from and after the date when this
ordinance goes into effect, upon the terms, conditions and restrictions
hereinafter specified.
The said Hanover Gas Company, its successors or assigns, in
laying down gas mains or pipes, shall not unnecessarily or unreasonably
obstruct or injure any street, road, highway, sidewalk, lane or alley,
and shall particularly and within a reasonable time restore the streets,
roads, highways, alleys and public places which shall be opened by
it or its agents or employees to the same order and condition in which
they were before so opened by said Hanover Gas Company, its successors
or assigns.
Whenever the said Hanover Gas Company shall make any excavation
in the streets, roads, highways, alleys or public places of the said
Borough, it shall by signals or otherwise do all things necessary
to protect the public from injury resulting from such excavation,
and the said Borough of Hanover shall not be liable to any person
or corporation for any damages that may be suffered by such person
or corporation by reason of the negligence of the said Hanover Gas
Company, its successors or assigns, in the use of the streets for
the purposes herein authorized, and the said Hanover Gas Company shall
in all respects save the Borough harmless from any and all damages
and costs to which the said Borough may be put by reason of the negligence
of the said Hanover Gas Company in failing to properly protect such
excavation; and shall be subject to all the provisions and penalties
prescribed by the ordinance of said Borough, enacted and ordained
the 10th day of June 1895, regulating the laying or re-laying of pipes
in the said Borough.
The said Hanover Gas Company, its successors or assigns, shall
be subject to all rules and regulations now in force which have been
adopted or which may hereafter be adopted by the said Borough concerning
the opening of streets, roads, highways and public places, and of
obstruction to travel therein.
Within 60 days after the passage and approval of this ordinance,
the said Hanover Gas Company, its successors or assigns, shall file
with the Clerk of the Council of the said Borough of Hanover its acceptance
in writing of the terms and provisions hereof, and thereupon the said
Hanover Gas Company, its successors or assigns, shall become vested
with all the rights and privileges granted by this ordinance. If said
Hanover Gas Company, its successors and assigns, shall fail to file
said acceptance within the period named, then this ordinance shall,
after the expiration of said period, become null and void and of no
effect.