[HISTORY: Adopted by the Borough Council of Montgomery Borough 4-2-1913 by Ord. No. 51 (Ch. VI, Part 2, of the 1996 Code of Ordinances). Amendments noted
where applicable.]
Northern Central Gas Company, its successors or assigns, hereinafter
referred to as "grantee," is hereby granted the right to install,
operate, maintain, replace and repair pipes, mains and conduits and
the necessary appliances therefor, through and under any and all the
streets, highways, avenues, alleys and public places now or hereafter
opened in the Borough of Montgomery or in any territory hereafter
added to said Borough, for the distribution and sale of gas for any
purpose for which it is now or may hereafter be used.[2]
[1]
Editor's Note: This franchise is now vested in the Pennsylvania
Gas and Water Company.
[2]
Editor's Note: Section 6 of this ordinance provided that
the ordinance was to become null and void, at the option of Council,
if the Company did not begin the initial construction work under the
ordinance within 12 months after the date of acceptance of the ordinance,
and if the Company was not in a position to supply gas to the citizens
of the Borough within 24 months after acceptance. Section 11 provided
that the Company accept the provisions of the ordinance in writing
within 60 days from approval of the ordinance, the acceptance to be
filed with the Borough Clerk, who was to acknowledge in writing to
the Company the receipt of the acceptance.
The Borough Council shall notify grantee in writing at least
60 days prior to the beginning of any paving of any street, highway,
avenue, alley or public place in said Borough and grantee shall thereupon
lay such mains, services or make such changes in mains or services
already laid in the portion of said street to be paved, as will avoid
the disturbance of said paving except in cases of unforeseen accident
or contingency.
The grantee shall restore the portion of any street, highway,
avenue, alley or public place opened or disturbed by grantee, to the
same condition as it was in before such disturbances, as near as it
is practicable, and said grantee shall not at any time have more than
400 yards of any street, highway, avenue, alley or public place, and
shall not keep any street, highway, avenue, alley or public place
opened or encumbered any longer than shall be necessary to enable
said grantee to perform with reasonable economy and diligence the
work undertaken.
Said grantee shall install its pipes and mains at such location
and at such depths below the surface of the streets, highways, avenues,
alleys and public places as may and shall be designated by the said
Borough under the direction and supervision of the Street Committee
consistent with the necessities of said gas company. In case the Borough
Council shall change the grade of any street or alley where pipes
and mains shall be laid, said grantee shall raise or lower such pipes
and mains to conform to new grade without expense to said Borough.
Said grantee shall furnish gas of a standard quality and grantee
is hereby authorized to collect at a rate of $1.50 per thousand cubic
feet of gas furnished; all bills shall be due on the first day of
the month following that for which the bill is rendered but shall
be subject to such a discount as will make the net rate $1.25 per
thousand cubic feet of gas furnished, if paid at the local office
of grantee within 10 days after the bill is due. Said grantee is permitted
to make a minimum charge of $0.50 per meter per month for the service
grantee renders or is prepared to render. Said grantee shall have
the right from time to time and within the limit of the prices above
mentioned, to fix, readjust and regulate the prices for any and all
services rendered, provided the price shall be the same to all consumers
for like service at like times and under like conditions of use.[1]
[1]
Editor's Note: This section is inapplicable at present,
because the Pennsylvania Public Utility Commission now has jurisdiction
over rates.
The said grantee in the furnishing of gas and in installing
and maintaining mains and service pipes agrees and binds itself to
keep and hold said Borough free and harmless against any and all damages,
costs or expenses, arising out of any injury to any person or the
property of any person due to the negligence of said grantee, its
agents or employees.
Before initial construction work is begun in any street, highway,
avenue, alley or public place of said Borough, the said grantee shall
make and execute to the said Borough a bond to be approved by the
Mayor, with a surety company for security in the sum of $5,000 conditioned
upon the fulfillment of the obligations imposed upon the said grantee
by this ordinance and said bond shall continue in force until said
grantee, its successors or assigns, shall have completed its initial
construction work and settled or paid any existing claims of any kind
arising from said initial construction work, whereupon said bond shall
be surrendered to said grantee for cancellation.
Before said initial construction work is commenced, said grantee
shall furnish to the Borough Council a draft or plan showing the contemplated
initial work, etc., and on completion of this work shall furnish the
Borough Council with a map showing all pipes or lines laid, their
sizes and the depth each was laid below surface and thereafter, whenever
requested by said Borough Council, grantee shall make such connections,
additions to, or changes on said map as shall make such information
shown current as of the date request is made.
Said grantee, its successors or assigns, agrees to furnish gas
free of charge, not exceeding 20,000 cubic feet per annum, for use
in the Borough buildings as Council may direct.[1]
[1]
Editor's Note: The Borough no longer receives free gas
from the Company. This section also provided that the Company defray
all expenses of printing and publication of this ordinance incident
to its legal passage and acceptance.
