[HISTORY: Adopted by the Township Council of the Township of Byram as indicated in article histories. Amendments noted where applicable.]
ATTACHMENTS
Attachment 1 - Franchise MapAttachment 2 - Exhibit A
[Adopted 9-15-2020 by Ord. No. 008-2020]
Pursuant to N.J.S.A., 48:3-11, the Mayor and Township Council of the Township of Byram hereby grant Elizabethtown Gas Company, 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, a nonexclusive consent, right and privilege for the use, without impairment of, or obstruction to the public use, of the roads, streets, parks, avenues, ways, and other public places of the Township of Byram to construct, lay, maintain, and operate for a period of 50 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 streets, avenues, alleys, parks, parkways, highways, or other public places within the portion of the Township shown as the green colored area in the map attached hereto as Exhibit A as said streets, avenues, alleys, parks, parkways, highways, and other public places now exist or may be hereinafter be laid out by the municipal authorities of the said Township or dedicated to said Township.[1]
The municipal consent granted herein is expressly conditioned upon the following:
A. 
The written acceptance of Elizabethtown of the terms and conditions of this Municipal Consent Ordinance 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 of N.J.S.A. 48:13-1 et seq. 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 Township of Byram.
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 Township of Byram wherein its lines are located.
E. 
The construction, operation and maintenance of the gas distribution system within the rights-of-way of the Township of Byram shall in no way place any obligation, financial or otherwise, or any liability of any kind, upon the Township of Byram, and no obligation is to attach for the construction, operation and maintenance of the said gas distribution system to the Township.
F. 
Any and all regulating pits and venting structures or like facilities shall not be located along the public rights-of-way comprising the service area.
A. 
Construction. In each and every case in which road openings or excavation of any nature is required or made for the purposes aforesaid, Elizabethtown shall restore all such public and private lands or facilities to as good a condition as existed at the commencement of the said work or such better condition, at its sole cost and expense. All such openings and installation and maintenance shall be undertaken in strict compliance with the standards imposed by the N.J.B.P.U., any other regulatory agency, and all applicable Township ordinances, with such work to be done in a careful, prudent and workmanlike manner, and within such time limitations as shall be best for the proper safeguard of the public.
B. 
Relocation. If at any time during the period of this municipal consent, the Township of Byram finds it necessary to alter or change the grade of any street, road or other public right-of-way or area, Elizabethtown shall, upon reasonable notice by the municipality, remove and relocate its distribution line and pipes at the expense of Elizabethtown.
C. 
Restoration. In the event that Elizabethtown shall refuse or neglect, after 10 days' notice in writing by the representative of the Township, that is, the Township Manager or Township Engineer, to restore any disturbed area at its cost and expense, and in compliance with all applicable Municipal Ordinances in effect at the time, to its preexisting or better condition, any street, road, pavement, driveway or other reserves after having made an opening or excavation, the necessary work to accomplish such restoration may be done by the Township of Byram, and thereafter, Elizabethtown shall be liable for the actual and necessary costs thereof, and shall immediately pay such costs to the Township upon receiving notice thereof.
D. 
Preconditions to undertaking construction. Elizabethtown shall give to the Township of Byram, through its duly designated representative, written notice of its intention to open or excavate any street or other public place in accordance with the Township of Byram's ordinance regulating the excavation and opening of streets, roads and highways, with the exception that such notice requirement shall be waived in the event of an emergent circumstance such that such emergency will affect public health or safety. As soon as practically possible after the occurrence of such emergent circumstance, Elizabethtown shall give prompt written notice to the Township of any emergency opening or excavation that Elizabethtown shall undertake.
A. 
Indemnification. Elizabethtown, its successors and assigns, by the acceptance of the grants, rights and privileges conferred by this ordinance, shall at all times and does hereby and will indemnify and hold harmless, the Township of Byram and all of its subsidiary agencies, officials and employees for any and all claims of whatsoever kind or nature arising from or relating to the construction, installation, maintenance, laying, repairing, inspecting, or altering of maintenance conductors, pipes and appurtenances thereto, and any other facilities, and including, but not by way of limitation, any damages, penalties, costs, attorney's fees and charges for personal injury, property damage or otherwise, based upon Elizabethtown's negligence or the negligence of its agents, servants, employees or independent contractors.
B. 
Performance bond. Prior to the commencement or any construction or installation under this municipal consent, Elizabethtown shall execute and deliver to the Clerk of the Township and subject to prior review and approval by the Township Attorney, a bond in the amount of $10,000 guaranteeing the faithful performance of all of its obligations and undertakings under this ordinance, which bond shall be enlarged or renewed from time to time as the Council may require.
C. 
Liability insurance. Elizabethtown agrees to maintain and keep in full force and effect, at its sole expense, and at all times during the terms and duration of this municipal consent, sufficient liability insurance naming the Township of Byram as an additional insured party, and insuring and indemnifying the Township against any loss by any such claim, suit, judgment, execution or as follows:
(1) 
Elizabethtown shall carry workman's compensation insurance with statutory limits.
(2) 
Elizabethtown shall at all times, maintain a comprehensive general liability insurance policy with a single limit amount of $1,000,000 covering liability for any death, personal injury, property damage or other liability arising out of its construction and operation of the gas distribution systems herein and, in addition, an excess liability (or "umbrella") policy in the amount of $3,000,000.
(3) 
Elizabethtown shall furnish to the Township of Byram a certified copy or certificate of insurance of each of the policies as set forth herein.
A. 
Term. The limited municipal consent granted to Elizabethtown herein is for a period of 50 years from the effective date of this ordinance.
B. 
Public hearing. Immediately prior to the fifty-year expiration of this consent, the Township of Byram shall conduct public hearings regarding the performance of Elizabethtown with the terms of this municipal consent. The public hearing shall be duly advertised and shall provide any opportunity for all interested persons to participate.
C. 
Extension. Upon the conclusion of the public hearings as set forth herein, the Township of Byram shall consider such extension and such additional conditions as the record of the public hearings may warrant.
D. 
Notice of proceedings. Elizabethtown shall give the municipality timely written notice of at least 15 days in advance of all proceedings initiated by Elizabethtown or the N.J.B.P.U. or other regulatory agency, when such proceedings may affect the commitments, this municipal consent or relationship between Elizabethtown and the municipality, whether or not such notice is required by law. All submissions provided to such regulatory agency by Elizabethtown shall also be provided to the Township of Byram.
If the provision of any article, section, subsection, paragraph, subdivision or clause of this ordinance 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 ordinance 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.
[Adopted 6-15-2021 by Ord. No. 008-2021]
New Jersey Natural Gas Company be and it is hereby authorized to lay, maintain and operate its conductors, mains and pipes, together with the appurtenances thereto, in all the public streets, alleys, squares and public places in this municipality which are under the control and jurisdiction of the Township for the purpose of conducting gas, including natural gas, or any mixture of gases of various types and for the purpose of transmitting and distributing such gas within the portion of the Township as shown in the green colored area of the map attached hereto as Exhibit A[1] for a period of 50 years from the date hereof, upon the following terms and conditions:
A. 
That New Jersey Natural Gas Company shall agree that, in all cases in which street openings or excavations are made for the purposes aforesaid, that restoration of same will be conducted in accordance with the requirements of the Township Ordinances in existence at the time of said excavation; and
B. 
That New Jersey Natural Gas Company shall conduct the work or the laying or maintaining of gas pipes therein in a careful and prudent manner; and
C. 
That New Jersey Natural Gas Company shall safeguard the public interest in continuous and uninterrupted service at and after the expiration of the term of the grant; and
D. 
That New Jersey Natural Gas Company shall maintain its property in good order throughout the full term of the grant; and
E. 
That New Jersey Natural Gas Company shall continuously afford safe, adequate and proper service at just and reasonable rates.
[1]
Editor's Note: Exhibit A is included as Attachment 2 of this chapter.
New Jersey Natural Gas Company shall file with the Clerk of this municipality, within 60 days from the date hereof, its acceptance of the terms and provisions of the franchise consent herein granted and its agreement to be bound by the terms and provisions thereof.
This article shall not become effective until it is approved by the Board of Public Utilities of the State of New Jersey.[1]
[1]
Editor's Note: Approval was granted by the Board of Public Utilities of the State of New Jersey 12-22-2021.