[HISTORY: Adopted by the Board of Supervisors
of the Township of Washington as indicated in article histories. Amendments
noted where applicable.]
[Adopted 5-2-1960 by Ord. No. 11]
That consent, permission, right and privilege
are hereby given and granted to Penn Fuel Gas, Inc., a corporation
organized and existing under and by virtue of the laws of the Commonwealth
of Pennsylvania, its successors and assigns, to furnish, supply and
sell gas for heat, light, fuel, and power purposes within the limits
of Washington Township, Franklin County, Pennsylvania, and for such
purposes to construct, lay, maintain, alter, and operate conduits,
pipes, manholes, and other necessary appurtenances and appliances
on, under, and upon streets and highways of Washington Township and
other public places within the limits of said Township.
That said company, its successors and assigns,
shall place said streets and highways of said Township and other public
places in which it lays pipes or appliances in at least as good condition
as they were previous to the entry on, under, and across the same;
and the company shall assume all responsibility in said construction
and installation and shall save harmless the Township of Washington
from all damage to persons or property arising from the laying, maintenance,
and use of said conduits, pipes, manholes, and other necessary appurtenances
and appliances; and the company shall not open or encumber any more
of any of said streets or highways or other public places than will
be necessary to enable it to perform its necessary operations with
proper economy and efficiency; nor shall it permit such opening or
encumbrance to remain for a longer period than shall be necessary
to do the work for which said opening or encumbrance shall be made.
That the company shall under its seal and by
its proper officers, within 90 days from the date of the final enactment
of this article, signify in writing its acceptance of all of the terms,
conditions, regulations and restrictions herein contained, in default
of which this article shall become null and void and of no effect.
That the consent and permission and any and
all rights and privileges given and granted hereunder shall extend
to the successors and assigns of said company and the provisions,
conditions and obligations hereof shall be binding upon the same.
That this article shall take effect at the expiration
of 30 days from the date when a certified copy thereof shall have
been filed in the office of the Secretary of the Pennsylvania Public
Utility Commission; provided, that if said Commission shall, prior
to the expiration of such period, institute a proceeding under the
provisions of Section 911 of the Public Utility Law[1] effecting its validity, this article shall become effective
only upon approval by said Pennsylvania Public Utility Commission.
[1]
Editor's Note: See 66 Pa.C.S.A. § 101 et seq.
That all legal advertising or printing charges
incurred by the Township of Washington in connection with the passage
of this article shall be paid by Penn Fuel Gas, Inc.
