[Adopted 10-4-1977]
A.
Elizabethtown Gas Company, a public utility corporation
of the State of New Jersey, with principal offices at One Elizabethtown
Plaza, Elizabeth, New Jersey, its successors and assigns be and it
hereby is authorized to construct, lay, maintain and operate, for
so long as service is available, the necessary mains, conductors,
pipes and concomitant appurtenances for the purpose 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.
B.
Elizabethtown Gas Company, its successors, and assigns
be and it hereby is also authorized to maintain and operate, for so
long as service is available, all of its mains, conductors, pipes
and concomitant appurtenances in existence in the Township of Holland
on the effective date of this ordinance for the purpose of conveying,
storing, supplying and distributing oil for light, heat, power and
other purposes for public and private use and consumption. Said company,
its successors and assigns shall have the further right, privilege
and franchise of using said mains and pipes presently existing in
the Township for the transmission, transportation and delivery of
oil 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 oil.
In all cases in which openings or excavations
are made for the purposes aforesaid, Elizabethtown Gas Company 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 the 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 the cost thereof, shall forthwith pay the same to the Township.
Said Elizabethtown Gas Company 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,
of said Township regulating the excavation and opening of streets,
roads or highways.
The work of laying or repairing 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.
Elizabethtown Gas Company 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 and oil.
Said Elizabethtown Gas Company shall execute
and file with the Clerk of the Township its bond in satisfactory form,
guaranteeing its performance of the conditions of this ordinance,
which bond shall be renewed from time to time as the Township Committee
may require.
Elizabeth Gas Company shall seek the approval
of the franchise consent and the terms and conditions of this ordinance
from the Board of Public Utilities of the State of New Jersey pursuant
to law.
