[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]
[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.
[1]
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.
