Borough of Montgomery, PA
Lycoming County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of Montgomery Borough 4-2-1913 by Ord. No. 51 (Ch. VI, Part 2, of the 1996 Code of Ordinances). Amendments noted where applicable.]
Northern Central Gas Company, its successors or assigns, hereinafter referred to as "grantee," is hereby granted the right to install, operate, maintain, replace and repair pipes, mains and conduits and the necessary appliances therefor, through and under any and all the streets, highways, avenues, alleys and public places now or hereafter opened in the Borough of Montgomery or in any territory hereafter added to said Borough, for the distribution and sale of gas for any purpose for which it is now or may hereafter be used.[2]
Editor's Note: This franchise is now vested in the Pennsylvania Gas and Water Company.
Editor's Note: Section 6 of this ordinance provided that the ordinance was to become null and void, at the option of Council, if the Company did not begin the initial construction work under the ordinance within 12 months after the date of acceptance of the ordinance, and if the Company was not in a position to supply gas to the citizens of the Borough within 24 months after acceptance. Section 11 provided that the Company accept the provisions of the ordinance in writing within 60 days from approval of the ordinance, the acceptance to be filed with the Borough Clerk, who was to acknowledge in writing to the Company the receipt of the acceptance.
The Borough Council shall notify grantee in writing at least 60 days prior to the beginning of any paving of any street, highway, avenue, alley or public place in said Borough and grantee shall thereupon lay such mains, services or make such changes in mains or services already laid in the portion of said street to be paved, as will avoid the disturbance of said paving except in cases of unforeseen accident or contingency.
The grantee shall restore the portion of any street, highway, avenue, alley or public place opened or disturbed by grantee, to the same condition as it was in before such disturbances, as near as it is practicable, and said grantee shall not at any time have more than 400 yards of any street, highway, avenue, alley or public place, and shall not keep any street, highway, avenue, alley or public place opened or encumbered any longer than shall be necessary to enable said grantee to perform with reasonable economy and diligence the work undertaken.
Said grantee shall install its pipes and mains at such location and at such depths below the surface of the streets, highways, avenues, alleys and public places as may and shall be designated by the said Borough under the direction and supervision of the Street Committee consistent with the necessities of said gas company. In case the Borough Council shall change the grade of any street or alley where pipes and mains shall be laid, said grantee shall raise or lower such pipes and mains to conform to new grade without expense to said Borough.
Said grantee shall furnish gas of a standard quality and grantee is hereby authorized to collect at a rate of $1.50 per thousand cubic feet of gas furnished; all bills shall be due on the first day of the month following that for which the bill is rendered but shall be subject to such a discount as will make the net rate $1.25 per thousand cubic feet of gas furnished, if paid at the local office of grantee within 10 days after the bill is due. Said grantee is permitted to make a minimum charge of $0.50 per meter per month for the service grantee renders or is prepared to render. Said grantee shall have the right from time to time and within the limit of the prices above mentioned, to fix, readjust and regulate the prices for any and all services rendered, provided the price shall be the same to all consumers for like service at like times and under like conditions of use.[1]
Editor's Note: This section is inapplicable at present, because the Pennsylvania Public Utility Commission now has jurisdiction over rates.
The said grantee in the furnishing of gas and in installing and maintaining mains and service pipes agrees and binds itself to keep and hold said Borough free and harmless against any and all damages, costs or expenses, arising out of any injury to any person or the property of any person due to the negligence of said grantee, its agents or employees.
Before initial construction work is begun in any street, highway, avenue, alley or public place of said Borough, the said grantee shall make and execute to the said Borough a bond to be approved by the Mayor, with a surety company for security in the sum of $5,000 conditioned upon the fulfillment of the obligations imposed upon the said grantee by this ordinance and said bond shall continue in force until said grantee, its successors or assigns, shall have completed its initial construction work and settled or paid any existing claims of any kind arising from said initial construction work, whereupon said bond shall be surrendered to said grantee for cancellation.
Before said initial construction work is commenced, said grantee shall furnish to the Borough Council a draft or plan showing the contemplated initial work, etc., and on completion of this work shall furnish the Borough Council with a map showing all pipes or lines laid, their sizes and the depth each was laid below surface and thereafter, whenever requested by said Borough Council, grantee shall make such connections, additions to, or changes on said map as shall make such information shown current as of the date request is made.
Said grantee, its successors or assigns, agrees to furnish gas free of charge, not exceeding 20,000 cubic feet per annum, for use in the Borough buildings as Council may direct.[1]
Editor's Note: The Borough no longer receives free gas from the Company. This section also provided that the Company defray all expenses of printing and publication of this ordinance incident to its legal passage and acceptance.