City Gas Company of New Jersey, a public utility
corporation of the State of New Jersey, with principal offices at
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 purposes 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 Holland, in the County of Hunterdon
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
said municipality by private persons or public agencies. Said 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 of which it may also
have lawful authority to lay or maintain its mains or pipes for the
distribution of gas.
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
preexisting condition at the commencement of 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
said company shall refuse or neglect, after 10 days notice in writing
by the Township Committee, to restore to its preexisting 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 cost thereof, shall forthwith pay the same to the Township.
Said 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 ordinance,
by said Township regulating the excavation and opening of streets,
roads or highways.
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.
City Gas Company of New Jersey shall at all
times protect and save harmless the Township of Holland from any and
all damages 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 operations in the construction, laying,
repairing, inspecting, altering or maintaining of mains, conductors
and pipes and the appurtenances thereto, or in conveying, storing,
supplying or distributing of gas.
Said City Gas Company of New Jersey shall execute and file with the Clerk of the Township its bond in satisfactory form, guaranteeing its performance of the conditions of §§
A212-2 and
A212-5 of this ordinance, which bond shall be renewed from time to time as the Township Committee may require.
City Gas Company of New Jersey shall file with
the Clerk of the Township of Holland its written acceptance of the
terms and conditions of this ordinance within 30 days after the date
of its final passage; further, said company shall seek the approval
of the franchise consent and the terms and conditions of this ordinance
from the Board of Public Utility Commissioners of the State of New
Jersey pursuant to law.