[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.
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.
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 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.
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.