[HISTORY: Adopted by the Township Council of the Township
of Byram as indicated in article histories. Amendments noted where
applicable.]
[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]
[1]
Editor's Note: Exhibit A is included as an attachment to this chapter.
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.
