[Adopted 2-1-1971 by Ord. No. 322
(Ch. IX, Part 4, of the 1967 Code)]
The right, franchise and privilege be and the same is hereby granted
unto The Peoples Natural Gas Company, a corporation existing under the laws
of the Commonwealth of Pennsylvania, its successors or assigns, to lay, maintain,
operate, repair and remove lines of pipe in, through and under the highways,
streets, lanes, alleys and public grounds of the Borough of New Wilmington
and to do any and all acts necessary and incident to the transmission and
distribution of gas to supply the borough and the inhabitants thereof and
all persons, firms, corporations, limited partnerships and associations residing
or doing business in said Borough of New Wilmington with gas for fuel and
other appropriate purposes, together with the right to construct, maintain,
operate, repair and remove regulators, valves, curb boxes and other appliances
in and under said highways, streets, lanes, alleys and public grounds, subject
to the provisions of the Pennsylvania Public Utility Law, the rules and regulations
of the Pennsylvania Public Utility Commission and the tariffs of the said
company and subject also to the following conditions and restrictions.
All lines of pipe shall be laid, maintained, operated and removed at
the expense of said company without recourse to said borough and shall be
laid at the depth of not less than two feet below the grade of any public
way except where existing municipal or utility facilities beneath the surface
make it impossible to do so.
All the excavations made by said company in the use and enjoyment of
this franchise shall be made with the least inconvenience to the public or
the inhabitants of the borough and with reasonable dispatch, and all damage
done to highways, streets, lanes, alleys or sidewalks by excavations shall
be repaired by said company at its own proper cost and without unnecessary
delay. It shall be the duty of said company, where excavations shall be made,
to restore the same to the former condition; and should the company fail or
neglect to remove obstructions caused or created by it and make proper and
workmanlike repairs to said highways, streets, lanes, alleys or sidewalks
within a reasonable time after making excavations, the borough may remove
such obstructions and repair the same at the expense of said company.
All pipes and facilities shall be constructed, laid and maintained in
a workmanlike manner and under such reasonable regulations as the borough
has now or may hereafter prescribe, it being understood that the company,
in laying said pipes and facilities, shall provide modern and improved devices
for protection against accidents from escaping gas.
The company shall be responsible for all injury or damage to persons
or property occasioned by negligence or want of proper care in opening, guarding,
closing, repairing or in any other manner obstructing said highways, streets,
lanes, alleys or sidewalks for the purposes aforesaid, or by reason of any
act of negligence of said company in the conduct of the work or operations
of the company in the enjoyment of this franchise. In the event of a lawsuit
against the borough by reason of injury or damage to persons or property,
as set forth herein, or should the borough be joined as a party defendant
with the company or others, the company agrees to pay all expenses that may
be incurred by the borough in defending such lawsuit and, in accord with the
provisions of this section, to pay any final judgment that may be rendered
against the borough.
It is hereby understood and agreed that neither the purpose nor intent,
nor the obligation of this contract, if and when approved by the Public Utility
Commission of the Commonwealth of Pennsylvania, is such to impair or in anywise
affect the exercise by said Commission of any of the powers vested in it by
the Public Utility Law approved May 28, 1937, as amended.
