The Penn's Grove record., 1904-11-04
Ordinance No. 10.


An Ordinance giving consent to and authoriz-
ing and empowering the Penn'S Grove Water
Supply Company, its successors and assigns,
to lay pipes beneath the public roads,, streets,
avenues and alleys, and to place fire hydrapts
at the crossings or intersections of said streets
and alleys.
Section l. Be it ordained by the Mayor and
Council of the Borough of PENIS Grove, Salem
County, New Jersey that consent, permission
and authority be and the same is hereby given
and granted TO the PENIS Grove Water Supply
Company, It's successors ano assigns, to lay
not less than four miles of pipes in such public
roads,, streets, avenues and alleys in the BOr-
ough of PENIS Grove as may be necessary tor
the purpose OF supplying water to Penn's Grove
to be inl abitantS thereof and also to the
location of such fire hydrants at the crossings
or intersections of streets or elsewhere as may
be necessary and as may be prescribed by the
municipal authorities of Penn's Grove, which
pipes shall be laid in accordance with the pro-
visions OF an Act of the legislature of the State
of New Jersey, entitled A ACT for the con-
struction, maintenance and operation of water
works for the purpose of supplying cities, towns
and villages of this state with water" approved
q, 1876, and the several acts supplementary
thereto and amendatory thereof.
Section 2. Be it ordained that the public
travel shall at no time be unnecessarily affect
ed or impeded by the laying of said pipes, or in
erection OF said hydrants, and that not more
than one thousand feet OF said public roads,
streets, avenues and alleys shall be at any one
time excavated for the purpose aforesaid, and
all such public roads, streets, avenues and
ellCy oudl OC pun dDO UO tClb III % SOOu III
ton as they were before such pipes were laid,
and to the satisfaction of the street committee.
Section 8. Be it ordained that the work of
laying said pipes shall be completed within
eighteen months from the date When this or
dindnce goes into effect, otherwise the rights,
privileges and franchise herein granted shall
cease and be void provided, however. that if
the validity and legality of this ordinance be
questioned by writ of certiOrari or injunction,
or any proceedings either in law or equity, the
time which the said Penn's Grove Water Supply
nm N w 1 GVlnaL COR md OcInnc Chol hn
delayed by reason OF such proceedings shall
not be reckoned or counted or constitute any
portion of the time aforesaid in which said
pipes shall be laid.
Section 4. Be It ordained that the said
PenH's Grove Water Supply Company before
commencing work, shall enter into bond to the
Mayor and Council OF the Borough of PENIS
Grove, satisfactory to and approved by the
Council, in the penalty of Five thousand (S5000)
dollars, conditioned to indemnify and save
harmless the said Borough of PENIS Grove
from all damages that may arise by reason OF
negligence in the laying. OF said pipes or other
work in connection with the construction of
said plant.
Section 5. The said PENIS Grove Water
Supply Company shall at any time after its
works are in operation, at the request Of the
Mayor and Council of the Borough of PENIS
Grove enter into contract with said Mayor and
Council to furnish to said Borough of PENIS
Grove such and so many fire hydrantS of APP
proved pattern, as said Mayor aQd Council
may require, to be located as the Council may
direct. within the limits of said Borough, and
supply water to said hydrants for ~eXtlngnish-
ing fires or flushing sewers or cutters. at a pres.
sure of not less than Fifty pounds to the square
inch at any and all points within the Boz Ough
limits. The yearly rental to be paid by said
Borough for said MIGRANTS and water service
shati not exceed Nineteen (19) dollars per an
nun for each hydrant. and SAID contract is to
be for such time as the said Mayor and Council
shall elect, not exceeding the legal limit, and to
be renewed from time to time at the option OF
the Mayor and Council. The rental above speci.
fed InRllI6aC all nppaSCar V cara and ronaipo Af
said hydrantS and connections so that the same
be always available for effective use in case of
fire the franchise granted by this ordinance
being given in consideration that the said BOr-
Ough of Penn'S Grove shall have fire protection
as specified in this section.
Section 6. Be it further ordained that should
the Borough OF Penn'S Grove at any time in the
future change the grade of any Of Its streets,
the Water Company will change, at its own
own cost, its pipe lines to meet the new grade
as established.
Section 7. Be it ordained that the said
PENIS Grove Water Supply Company, its sue
cesSOrs or assigns, shall accept or reject in writ
ing the provisions OF this ordinance, within
thirty days after the same shall become a law,
and by acceptance shall be deemed and taken
to consent to and be bound by all the prOvis.
ions hereof according to the true intent and
Section 8. Be it ordained that the said
Penn's Grove Water Supply Company shall
pay the expenses Of the publication of This Or
dinance.
Section 9. At any time within Ten years AT.
ter the said Penn's Grove Water supply Com
pany shall have its works in operation the
Mayor and Council OF the Borough of Penn 8
Grove shall have the option OF purchasing said
plant in its entirety, with all and singular the
appurtenances, at a price to be determined by
the earning capacity of the plant on a five per
cent basis, that is to say, one hundred dollars
for every five dollars of the net earnings of The
plant for the year Immediately proceeding said
purchase, said purchase price TO be determined
by three discreet and diSintereSted appraisers.
one to be chosen by the Borough COuncil, one
by the said Water Company, and they two 10
choose a third, their award to be final and con
elusive as to the purchase price. Provided
however that the purchase price shall not be
less than The cost of construction OF said Water
Blant with 10 per cent added, and said Mayor
and C0uncilshalI have the option OF taking over
the plant as aforesaid at The price so determin-
ed at such terms and the time of payment al
may be agleed upon, but nothing herein CON
tanned shall prevent said Mayor and said Water
supply Company from agreeing upon any other
basis OF sale or any greater or less price If they
shall SO agree.
Section 10. And be it ordained that nothing
herein contained shall be deemed or taken to
prevent the Mayor and Council of the Borough
OF PENIS Grove from erecting, establishing.
constructing and maintaining Water Works Of
It's own for the supply of water for public or
private use, ii 1t Shall deem 1t for the public in
introduced Sept. n, 1904
fmsDds oet' o 81 ,5 II 1904 GEO. H. ~EIKIsEos,
Attest:-JosIAH III. SMITH, Clerk.
Published November A, ii. 1904.
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