[HISTORY: Adopted by the Borough Council of the Borough of
Etna 6-7-1886 by Ord. No. 74 (Ch. IX, Part 2, of the 1974 Code of Ordinances). Amendments
noted where applicable.]
All individuals, copartnerships and corporations desiring to
supply natural gas to the public in the Borough of Etna shall first
make application to The Burgess and Town Council[1] for permission to enter the said Borough and, if said
permission is granted by ordinance, may enter upon and open the streets,
roads, lanes, and alleys of the said Borough and lay down pipes thereon
with the necessary street boxes, valves, escape pipes and connections
subject to the provisions of this ordinance[2] and any other reasonable rules, regulations, ordinances
or by-laws which by the said Burgess and Town Council of the said
Borough of Etna may hereafter from time to time be adopted or passed.[3]
[1]
Editor's Note: When this ordinance was passed, in 1886,
the Burgess was a member of Council and the governing body of the
Borough was known as "The Burgess and Town Council." The Act of 1893
P.L. 113 No. 67 provided that after the beginning of 1894, the Burgess
was no longer to be a member of Council, but was to be an independent
executive, possessing the veto power instead. The intent of this section
is probably to give the governing body of the Borough (the Council
alone) the authority herein vested in "The Burgess and Town Council."
[2]
Editor's Note: Sections 31 to 43 of this chapter.
[3]
Editor's Note: Section 13 of this ordinance was repealed
by Ordinance 88; Sections 15 and 16, by Ordinance 87.
High-pressure lines shall be laid on the front of the Allegheny
River or along Pine Creek. The mains shall not be of less diameter
than six inches and the pressure of gas service mains of six inches
and eight inches diameter shall not exceed 50 pounds to the square
inch; in mains having a diameter of 12 inches the pressure shall not
exceed 40 pounds to the square inch; in mains having a diameter of
20 inches the pressure shall not exceed 30 pounds to the square inch;
and for any larger diameter the pressure of gas shall be regulated
in accordance with the proportions hereinbefore named. In mains for
house supply the pressure shall not exceed three pounds to the square
inch.
The pipes for said mains in said Borough shall be thoroughly
tested by the manufacturer thereof. When practicable the Borough engineer
or the inspector hereinafter mentioned[1] shall be notified of the making of said test by the manufacturer,
and if he sees fit he shall be present thereat.
If the said engineer or inspector shall not have been present
at such test, or if such test, made in his presence, shall not be
satisfactory to him, said pipe lines shall be further tested, if required
by said Borough inspector or engineer, under an atmospheric air pressure
of at least three times the maximum pressure proposed to be carried
therein and shall be made air tight under said pressure after being
laid and before being covered.
[1]
Editor's Note: See especially Section 37 of this chapter.
Said mains as to quality of pipe, the laying of the same, the
devices for securing safety and uniformity of pressure and for carrying
off escaping gas and in all other respects shall be constructed and
operated in accordance with the most improved methods and in the manner
best calculated to insure safety in the transportation, supply and
use of said gas.
The Street Committee and the Borough engineer or inspector shall
be charged with the duty of determining the portions of said streets,
roads, lanes, and alleys to be occupied for said purposes by said
pipes, etc., and the depth and grade at which they shall be placed
and the distance of excavation at any one time and any subsequent
excavations or openings made for repairs or other purposes.
The persons, firms and corporations enjoying rights and privileges
under this ordinance[1] shall, in the laying of pipes and excavating of trenches,
conform to the grades of the streets, roads, lanes and alleys as established
by the said The Burgess and Town Council of the Borough of Etna,[2] and to any alteration or change which may hereafter be
made in the same. In case of such alteration the said persons, firms
and companies shall, on notice from the Street Committee, rearrange
its pipes, etc., so as to conform to said alterations or changes.
In case they refuse or neglect to do so, the said Street Committee
shall have power to make such rearrangement at the cost of said company.
So that the said Street Committee may faithfully and successfully
carry out their duties they are hereby authorized and empowered, for
the purpose of passing upon all questions pertaining to the same,
to secure an engineer or inspector; and the services of at least one
member of said Street Committee and of said engineer or inspector
must be provided for by the persons or company enjoying rights and
privileges under this ordinance[1] and the compensation or remuneration of such engineer
and also of said member of the Street Committee and for all services
rendered by such officer and said inspector or engineer and each of
them in carrying out said duties shall be borne and paid by the parties
enjoying the rights and privileges herein granted.
[1]
Editor's Note: Sections 31 to 43 of this chapter.
When any individual, firm or copartnership shall receive the
right to open any street, road, lane, or alley under this ordinance,[1] they shall at once proceed with diligence to lay its pipes,
etc., in strict accordance with the requirements of the general regulations
and ordinances of said Borough, and under the supervision of said
Street Committee, engineer or inspector. In case the work of the laying
of pipes be, in the opinion of the said Street Committee, unnecessarily
delayed, or such individuals, firms, or corporations, their agents,
contractors or servants or any of them is or are wilfully violating
any of the provisions of this or any other ordinance relative to opening
the highways and laying pipes, which is now and may hereafter be passed,
the said Street Committee shall have power to cause all work in the
laying of pipes by said individuals, firms or corporations, to be
discontinued, if careless, incompetent, and unskillful men are employed
in said work, or if careless or unskilled work be done; and in case
of such discontinuance of the work by said Street Committee, they
shall have power to take charge of the work so discontinued and prosecute
the same to completion, first making estimates of the amount of money
required to lay the pipe not exceeding two squares, which said individuals,
firms, or corporations to advance the amount of said estimate, the
whole work will remain suspended, and in case the individuals, firms,
or corporations persistently refuse or neglect to prosecute the work
with reasonable diligence, or to employ competent, careful, and skillful
persons to do the same for a period of 20 days, the privilege to enter
upon the said streets, lanes, or alleys, shall be and become forfeited
and shall cease to exist.
[1]
Editor's Note: Sections 31 to 43 of this chapter.
In all cases where any individuals, firms or corporations shall
feel aggrieved by or at the action of the said Street Committee or
engineer, they shall have the right to appeal to The Burgess and Town
Council.[1] The said appeal shall be presented to the said Burgess
and Town Council at their next regular meeting, or at a special meeting
to be called for that purpose, and said Burgess and Town Council shall
hear and determine the same.
[1]
Editor's Note: See Note 3 of this chapter.
In all cases where the streets, roads, lanes or alleys or parts
thereof, upon or under which said pipes shall be laid, contain cinders
or material destructive or injurious to such pipes, suitable precaution
shall be taken to guard against such injury and danger in such reasonable
manner as may be ordered and directed by the said Street Committee.
All streets, roads, lanes, and alleys opened for the purpose
of laying or repairing said pipes, etc., shall upon the completion
of the work be placed in as good condition as they were when begun,
any paved street, lane, road, or alley, opened for said purposes or
either of them, shall be immediately stamped and repaved and kept
in repair for two months thereafter. The repaving and repairing to
be done under the supervision, direction and control of the Street
Committee, and in case the same be not done to their satisfaction,
they shall have power to do the same at the cost of the respective
firms or corporations making repaving and repairing necessary.
In the event of any interference or conflict as to location
between the persons, firms, or corporations engaged at the same time
in the location or laying of their pipes in said Borough under this
ordinance,[1] The Burgess and Town Council[2] shall designate the position to be occupied by the pipes,
etc., of each, and the point of crossing, and their decision thereon
shall be final and conclusive both in law and equity.
No street, road, lane, or alley shall be opened and worked upon
for the purpose of laying pipe for carrying natural gas, between the
15th day of November of any year and the 1st day of April of the year
following.
[Added 5-28-1887 by Ord.
No. 84 (Ch. IX, Part 2B, of the 1974 Code of Ordinances)]
The right and privilege be and is hereby granted The Philadelphia
Company, a corporation, and its assigns, to open any street, lane
or alley, within the limits of the Borough of Etna, and of laying
pipes for the purpose of conducting and distributing natural gas,
with necessary street boxes and valves, and with the privilege of
making necessary house connections subject, however, to the provisions,
restrictions, requirements and regulations of a general gas ordinance
of said Borough, entitled "An Ordinance regulating the laying of pipes
through, over and under the streets, lanes and alleys of the Borough
of Etna, to be used in carrying, transporting and supplying natural
gas, ordained and enacted into a law, the seventh day of June, A.D.
1886."
[1]
Editor's Note: The Equitable Gas Company succeeded to
the rights granted to the Philadelphia Company by this ordinance,
by assignment made under date of July 23, 1948.
The consent of the Borough of Etna be and the same is hereby
granted to The Peoples Natural Gas Company, a corporation, having
its principal office in the City of Pittsburgh, Pennsylvania, its
successors and assigns, to enter upon, over, under and across the
hereinafter named streets belonging to the Borough, and to construct,
maintain, operate and repair therein a ten-inch gas pipe line, in
the location shown upon a sketch prepared by The Peoples Natural Gas
Company, under date of August 2, 1948, and identified as F. B. No.
1127, pp. 78-102, a copy of which has been furnished to the Borough
by The Peoples Natural Gas Company, and is on file in the Borough
Office.
Said gas pipe line shall begin at the northerly end of Griesmer
Street in said Borough, at Station 66 plus 62, as shown on said plan.
Said gas line shall extend from said point of beginning along said
Griesmer Street, South 9° 31' West, to Station 67 plus 50,
and shall continue along said street; thence South 18° 59'
West, to Station 68 plus 50; thence South 37° 39' West, to
Station 72 plus 00; thence South 40° 04' West, to Station
73 plus 24; and thence across private property to Catherine Street;
beginning again on said Catherine Street at Station 75 plus 30; thence
extending along Catherine Street, South 59° 41' East, to
Station 76 plus 36; thence still along said Catherine Street, North
89° 49' East, to Station 79 plus 00, at the intersection
of said Catherine Street and Kittanning Road; thence extending along
Kittanning Road (a State highway) from said Station 79 plus 00 to
Station 81 plus 86; thence beginning again at Station 81 plus 86,
at the intersection of Kittanning Road, Higgins Street and Spruce
Alley (also known as Spang Alley), and extending South 30° 42'
East, along said Spruce Alley, to Station 84 plus 74; thence South
24° 25' West, to Station 84 plus 77, on the westerly boundary
of Spruce Alley.[1]
[1]
Editor's Note: Section 4 of this ordinance provided that
the Company, within 60 days after approval of the ordinance, file
with the Borough Secretary its written acceptance of the conditions
therein set forth, and that the ordinance not go into force and effect
until that written acceptance was so received. Section 5 provided
that the Company pay the expense of printing and publishing the ordinance.
Section 6 repealed conflicting ordinances and parts of ordinances
insofar as the same affected this ordinance or the rights and privileges
therein granted.
The Peoples Natural Gas Company shall at its own expense within
30 days after written notice from the proper Borough officials, move
the location of its line in any of the above street locations, if
same should prove a hindrance or an obstacle to the Borough in the
improvement of any of the Borough highways in which said line is located,
or to the location of any sanitary or storm water sewer in said Borough
highways.
The Peoples Natural Gas Company shall at all times indemnify
and save harmless the Borough of Etna from all costs, claims and demands,
and from all suits for damage to persons or property that may or might
arise by reason of the construction, maintenance, use or operation
of said Company's facilities within the said Borough.
