Township of Hopewell, NJ
Mercer County
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[Ord. #7/15/74]
City Gas Company of New Jersey, a public utility corporation of the State of New Jersey, with principal offices at No. 57 Main Street, Flemington, New Jersey, its successors and assigns, be, and it hereby is, authorized to construct, lay, maintain and operate, for so long as gas service is available, the necessary mains, conductors, pipes and concomitant appurtenances for the purpose of conveying, storing, supplying and distributing 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 Township of Hopewell in the County of Mercer and State of New Jersey, as they now exist or may be hereinafter laid out by the municipal authorities of said township or dedicated to the municipality by private persons or public agencies. The company, its successors and assigns, shall have the further right, privilege and franchise of using any of its mains and pipes in this township for the transmission, transportation and delivery of gas, to any other municipality in the streets or public places which it may also have lawful authority to lay or maintain its mains or pipes for the distribution of gas.
[Ord. #7/15/74]
In all cases in which openings or excavations are made for the purposes aforesaid, City Gas Company of New Jersey shall restore at its own expense all such streets, avenues, parks, parkways, highways, sidewalks, curbs or other public places to their pre-existing 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 the company shall refuse or neglect, after 10 days' notice in writing by the township committee, to restore to its pre-existing condition any such street, avenue, park, parkway, highway, sidewalk, curb or other public place after having made such opening, excavation or restoration, the necessary work may be done by the township and the company shall be liable for the actual and necessary cost thereof and upon receiving notice of the cost thereof, shall forthwith pay the same to the township.
[Ord. #7/15/74]
The City Gas Company of New Jersey shall give notice to the township committee, or to its duly authorized officials, of its intention to open or excavate a street or other public place as aforesaid, and shall abide by any ordinance now existing or hereafter passed, and not inconsistent with the provisions of this section, by the township regulating the excavation and opening of streets, roads or highways.
[Ord. #7/15/74]
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 and at its own expense.
[Ord. #7/15/74]
City Gas Company of New Jersey shall at all times protect and save harmless the Township of Hopewell from any and all damages or injury to person or property and from any and all actions, damages, costs 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.
[Ord. #7/15/74]
The City Gas Company of New Jersey shall execute and file with the clerk of the township its bond in satisfactory form guaranteeing its performance of the conditions of subsections 3-1.2 and 3-1.5, which bond shall be renewed from time to time as the township committee may require.
[Ord. #7/15/74]
This ordinance is a renewal of a franchise consent heretofore granted to New Jersey Northern Gas Company, a predecessor in interest of City Gas Company of New Jersey, by Ordinance Number 25 of the Township of Hopewell on July 1, 1913.
[Ord. #7/15/74]
The owner of every existing building or structure and the owner of every building or structure hereafter to be constructed, which may be occupied or used by human beings, located within 300 feet of any public water supply main now existing or hereafter constructed by the Hopewell Township Municipal Utilities Authority, or which main is hereafter constructed by other persons and acquired by the authority in the township, shall within 30 days after the date on which the service of such main is made available to such building or structure, by the said authority, connect such building or structure to the water system under and pursuant to the rules and regulations of the authority, which rules and regulations shall be filed in the office of the Hopewell Township Municipal Utilities Authority; provided however, that this section shall not apply to any building or structure, which is served by a well which supplies potable water as determined by the township board of health, and which well is in existence to the date when public water first becomes available to and is within 300 feet of any such building or structure.
[Ord. #7/15/74]
If the owner of any building or structure referred to in subsection 13-3.1 shall fail to make any connection required, the township may proceed to make such connection, or cause the same to be made, and assess the cost thereof as a lien against such building or structure, pursuant to and in accordance with the provisions of N.J.S.A. 40:63-52 through 40:63-64.
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Editor's Note: Former section 13-3, Public Sewerage Systems; Mandatory Connection, previously codified herein and containing portions of Ordinance No. 7/15/74, was repealed in its entirety by Ordinance No. 94-992.