The Mayor and Council of the Borough of Bloomsbury hereby grant
to Pivotal Utility Holdings, Inc., doing business as Elizabethtown
Gas, a corporation of the State of New Jersey (hereinafter "Elizabethtown"),
with principal offices located at 520 Green Lane, Union, New Jersey
07083, its successors and assigns, a nonexclusive consent, right and
privilege for the use, without impairment of or obstruction to the
public use, of the public roads, streets, avenues, ways, and other
public places of the Borough to construct, lay, maintain, and operate,
for a period of 10 years, the necessary mains, conductors, pipes and
concomitant appurtenances for the purpose of conveying, storing, supplying
and distributing natural and mixed gas for heat, power, light and
other purposes for public and private use and consumption, along,
in, or under the following-described service area: all the public
roads, streets, avenues, highways, and public places within the Borough
as they now exist or may be hereinafter be laid out by the municipal
authorities of the Borough or dedicated to the Borough.
The municipal consent granted herein is expressly conditioned
upon the following:
A. The written acceptance of Elizabethtown of the terms and conditions
of this municipal consent ordinance within 30 days of its final adoption.
B. The New Jersey Board of Public Utilities (hereinafter "NJBPU") approval
of the consent herein granted and the issuance of such other grants
or approvals as determined by the NJBPU.
C. Elizabethtown shall satisfy all statutory requirements regarding
the proper organization and operation of a public utility engaged
in the distribution of natural and mixed gas and shall remain subject
to the jurisdiction of and comply with all rules and regulations of
the United States Department of Transportation, Office of Pipeline
Safety, and the NJBPU as well as the ordinances of the Borough.
D. Elizabethtown shall construct and continuously maintain and operate
their distribution line within the service area in a safe and efficient
manner and maintain such gas distribution lines in a state of good
operation and repair, including all streets, roads, and public rights-of-way
within the Borough wherein its lines are located.
E. The construction, operation and maintenance of the gas distribution
system within the rights-of-way of the Borough shall in no way place
any obligation, financial or otherwise, or any liability of any kind
upon the Borough, and no obligation is to attach for the construction,
operation and maintenance of the said gas distribution system to the
Borough.
F. Any and all regulating pits and venting structures or like facilities
shall not be located within the public rights-of-way comprising the
service area.
If the provision of any article, section, subsection, paragraph,
subdivision or clause of this ordinance shall be judged invalid by
any court of competent jurisdiction, such order or judgment shall
not affect or invalidate this remainder of any such article, section,
subsection, paragraph or clause, and, to this end, the provisions
of this ordinance are hereby declared to be severable.
This municipal consent ordinance shall become effective upon
adoption and publication according to law, and only upon written acceptance
of this municipal consent by Elizabethtown, which written consent
shall be filed with the Clerk of the municipality within 30 days of
the date after which Elizabethtown receives notice of the passage
of this ordinance.