Pursuant to N.J.S.A. 48:3-11, the Township Committee
of Kingwood Township hereby grants to N.U.I. Corporation, doing business
as Elizabethtown Gas Company, a corporation of the State of New Jersey
(hereinafter "Elizabethtown") with principal offices located at One
Elizabethtown Plaza, Union, New Jersey, its successors and assigns,
a nonexclusive consent, right and privilege for the use, without impairment
of or obstruction to the public use, of the roads, streets, avenues
and ways of the Township of Kingwood 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
and along, in or under.
[Amended 7-20-1998 by Ord. No. 9-4-98]
The municipal consent granted to N.U.I. Corporation,
d/b/a Elizabethtown Gas Company shall be limited to the "service area"
which is hereby defined as the area known as the New Jersey State
Highway Route 12 corridor, and more specifically, those portions of
the Township zoned HC, VR-1, VC-2, BP and PO/R (with the exception
of VC-1 in Barbertown) on the Zoning Map adopted as part of the Development
Regulations of the Township of Kingwood, and including the rights-of-way of the Township of Kingwood
located within said area and also specifically Willow Road, and the
area within the Kingwood Township right-of-way extending from the
intersection of Route 12 with and in a southwesterly direction along
Barbertown-Point Breeze Road, approximately 2,000 ± feet to
and including the property of Magnesium Elektron, Inc. (500 Barbertown-Point
Breeze Road). In addition to providing gas service to the commercial
and industrial and business park facilities located in the said service
area, Elizabethtown Gas Company is granted the right to provide service
to any other residential, commercial, industrial or office facilities
within the limited service area, so long as that service is provided
by way of a tap into Elizabethtown's single distribution line and
does not require any extension of said limited distribution line.
The municipal consent granted for the service area is limited, and
Elizabethtown shall not use any of its mains and pipes within the
defined service area for the transmission, transportation or delivery
to any other area or zone or properties, blocks or lots within the
Township of Kingwood except as those specifically enumerated herein.
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' (N.J.B.P.U.)
approval of the consent herein granted, and the issuance of such other
grants or approvals as determined by the N.J.B.P.U.
C. Elizabethtown shall satisfy all statutory requirements
of N.J.S.A. 48:3-1 et seq. 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 New Jersey Board of Public Utilities,
as well as the ordinances of the Township of Kingwood.
D. Elizabethtown shall construct and continuously maintain
and operate the 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 Township of Kingwood wherein its lines
are located.
E. The granting of limited municipal consent within the
limited service area and the construction, operation and maintenance
of the gas distribution system within the rights-of-way of the Township
shall in no way place any obligation, financial or otherwise, or any
liability of any kind upon the Township of Kingwood, and no obligation
is to attach for the construction, operation and maintenance of said
gas distribution system to the Township.
F. Any and all regulating pits or venting structures
or like facilities shall not be located along 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 the 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 limited 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.