The Mayor and Council of the Borough of the Frenchtown hereby
grant to Pivotal Utility Holdings, Inc., doing business as Elizabethtown
Gas, a corporation of the State of New Jersey (hereinafter "Elizabethtown")
with principal offices located at 520 Green Lane, Union, New Jersey
07083, its successors and assigns, an exclusive consent, right and
privilege for the use, without impairment of, or obstruction to the
public use, of the public roads, streets, avenues, and ways, of the
Borough to construct, lay, maintain, and operate, for a period of
10 years, the necessary mains, conductors, pipes and concomitant appurtenances
for the purpose of conveying, storing, supplying and distributing
natural and mixed gas for heat, power, light and other purposes for
public and private use and consumption, along, in, or under the following
described service area: all the public roads, streets, avenues, alleys,
parks, parkways, highways, or other public places within the Borough
as they now exist or may be hereinafter be laid out by the municipal
authorities of the Borough or dedicated to the Borough.
The municipal consent granted herein is expressly conditioned
upon the following:
a. The written acceptance of Elizabethtown of the terms and conditions
of this chapter within 30 days of its final adoption.
b. The New Jersey Board of Public Utilities (hereinafter "N.J.B.P.U.")
approval of the consent herein granted and the issuance of such other
grants or approvals as determined by the N.J.B.P.U.
c. Elizabethtown shall satisfy all statutory requirements regarding
the proper organization and operation of a public utility engaged
in the distribution of natural and mixed gas, and shall remain subject
to the jurisdiction of and comply with all rules and regulations of
the United States Department of Transportation, Office of Pipeline
Safety and the N.J.B.P.U. as well as the ordinance of the Borough.
d. Elizabethtown shall construct and continuously maintain and operate
their distribution line within the service area in a safe and efficient
manner, and maintain such gas distribution lines in a state of good
operation and repair and including all streets, roads, and public
rights-of-way within the Borough wherein its lines are located.
e. The construction, operation and maintenance of the gas distribution
system within the rights-of-way of the Borough shall in no way place
any obligation, financial or otherwise, or any liability of any kind,
upon the Borough and no obligation is to attach for the construction,
operation and maintenance of the said gas distribution system to the
Borough.
f. Any and all regulating pits and venting structures or like facilities
shall not be located within the public rights-of-way comprising the
service area.
g. The provision of safe and reliable service to residents and businesses
located in the Borough as required by law, rule and Elizabethtown's
tariff.
If the provision of any article, section, subsection, paragraph,
subdivision or clause of this chapter shall be judged invalid by any
court of competent jurisdiction, such order or judgment shall not
effect or invalidate this remainder of any such article, section,
subsection, paragraph or clause, and, to this end, the provisions
of this chapter are hereby declared to be severable.
This Municipal Consent Ordinance shall become effective upon
adoption and publication according to law, and only upon written acceptance
of this Municipal Consent by Elizabethtown, which written consent
shall be filed with the Clerk of the Municipality within 30 days of
the date after which Elizabethtown receives notice of the passage
of this ordinance.