Subject to the provisions of applicable Township Ordinances,
permission and consent is hereby granted to New Jersey Natural Gas
Company to erect, construct, re-construct, remove, inspect, maintain
and operate its mains and pipes, together with all appurtenances thereto,
in, through, upon, along, over and under all the various public streets,
alleys, squares and public places in the Township of Berkeley for
the purpose of conducting, transmitting and distributing natural gas
upon the terms and conditions hereinafter provided.
All lines, underground conduits, together with all associated
equipment, fixtures and appurtenances (hereinafter "Facility" or "Facilities"),
shall be located, installed and maintained so as not to interfere
with any public water, sanitary sewer, storm drainage or other public
facilities, fixtures and appurtenances (hereinafter "Public Facility").
A. New Jersey Natural Gas Company further agrees to abandon and relocate,
at its sole expense, all Facilities heretofore or hereafter located
and installed, that reasonable interfere with construction, re-construction
and maintenance of any Public Facility.
B. New Jersey Natural Gas Company shall indemnify and save harmless
the Township of Berkeley from all claims or suits for damages arising
from the location, construction, re-construction or maintenance of
any Facility.
The New Jersey Natural Gas Company shall comply with all Township Ordinances, including but not limited to, the provision of Chapter
17 of the Municipal Code, and any amendments thereto, dealing with street openings or excavations.
The surface of the streets, roads, avenues, highways and any
pavement disturbed by New Jersey Natural Gas in construction, re-constructing
or maintaining its Facilities shall be restored to as good condition
as it was before the commencement of work thereon at no cost to the
Township of Berkeley. No streets, roads, avenues and highways shall
be encumbered for a longer period than shall be necessary to execute
the work. Such restoration shall be subject to the approval of the
Township after an inspection by its authorized representative upon
completion of the work and submission of duly approved as-built drawings.
Following adoption and final passage of this Ordinance, and
acceptance thereof by New Jersey Natural Gas, the permission and consent
granted therein shall continue and be in force for a period of 10
years from the date of its approval by the New Jersey Board of Public
Utilities as required by law. Throughout the full term of this ordinance,
New Jersey Natural Gas, its successors and assigns, shall furnish
safe, adequate and proper service, at just and reasonable rates, within
the Township, and keep and maintain its property and equipment in
such condition as will enable it to do so. New Jersey Natural Gas
shall, in order to safeguard the public interest, provide continuous
and uninterrupted service at, and after, the expiration of the term
of this ordinance while seeking further renewal of Township consent.
Upon passage of this Ordinance, in accordance with the law,
the Township Clerk shall provide New Jersey Natural Gas with written
notice thereof by Certified Mail. New Jersey Natural Gas shall file
with the Township Clerk its written acceptance of said Ordinance within
30 days of receipt of said notice.
New Jersey Natural Gas shall, at its sole expense, petition
the Board of Public Utilities for approval of this ordinance.
If any section, subsection, sentence, clause, phrase or portion
of this ordinance is for any reason held to be invalid or unconstitutional
by a court of competent jurisdiction, such portion shall be deemed
a separate, distinct and independent provision, and such holding shall
not affect the validity of the remaining portions hereof.
This Ordinance shall not take effect until the Township of Berkeley
receives notice that is has been approved by the Board of Public Utilities.
All ordinances or resolutions or parts of ordinances or resolutions
inconsistent herewith are hereby repealed to the extent of such inconsistency.