The Penn's Grove record., 1912-10-04
OF PENNs GROVE, N ).
OF Ne. az

- Ahos OA0oApc oh0 bhC
and appliances for its lines in, upon, along,
over and under each and every of the public
roads, streets, alleys, highways, lanes and
public places OF the Borough of Penns Grove,
County of Salem, and State of New Jersey, for
the conduct of its business, and prescribing
the manner of placing the same and regulat-
ing the use of the public roads, streets, alleys.
highways, lanes, sidewalks and public places
by the said company.
Heat & Power Co., on the sixth day of August,
Ammo D0mini, nineteen hundred and twelve
(l9l2), fled with the clerk of the Borough of
the Borough of Penns Grove, a petition provld-
ing that consent of said Borough Conncil oftiIe
Borough of PennS, Grove be granted to erect,
construct, lay and maintain, all necessary
poles, wires, cables, cross arms, onduits,
manholes and other fixtures and appliances
fUr its lines in, upon, along, over and under
highways, lanes, sidewalks and public places of
the Borough of Penns Grove for the cOnducL of
its business in accordance with the statute in
such case made and provided, for a term of
WHEREAS. the said Borough Council did
designate the third day of September, Ammo
at s O'Clock. P. M, at the Borough Council
Chambers, in the Borough of Penps Grove, as
the time and place for the Consideration of
the application aforesaid; ana
WHEREAS, notice OF the time and place fixed
upon as aforesaid has been given by publica-
tion in the Penns Grove RECORD, a public
| newspaper printed in the Borough of Penns
Grove, in the County of Salem, and circulated
in the Borough OF Penns Grove, once a week
for at least two weeks, and by posting. said
| notice in five of the most public places in the
said Borough of PennS Grove at least fourteen
days before the meeting at which application
| was considered and
WHEREAS, at The time and place specified
| for hearing of said application the same was
heard and fully considered by said Borough
| Council.
Now, THEREFORE,, the Boz ough Council of
the Borough OF Penns Grove, i'll the County of
Salem and State OF New Jersey, do ordain and
| enact as follows:
That permission be and is hereby granted TO
the Penns Grove Electric, Heat & Power Co.,
its successors and assigns 10 erect, construct,
lay and maintain all necessary poles, wires,
cables, cross arms, cOnduits, manholes and
other fixtures and appliances for its electric
light, heat and power lines, in, upon, along,
over and under each and every of the public
roads,, streets, alleys, highways, lanes, side
walks, and public places Of the Borough OF
Penns Grove, IN the County of Salem, aud
state of New Jersey, for the conduct of its
business subject TO the following conditions:
u That the use of the public roads, streets,
alleys. highways, lanes, sidewalks and public
places shall be subject to such reasonable
regulations as the Borough Council now has
Oh hereafter may by ordinance prescribe rela-
tive to street or highway openings.
() That whenever the said company shall
desire to erect, lay down or construct any
poles, conduits or manhOles it shall present a
plan OF plans showing the location and size
thereof to the Chairman of the Road Com
mIItee for the time being, OF the said Borough
Council who is hereby authorized and EN-
powered for and Oh behalf OF said Borough
l uIC " 1 III oIOppplONC 40 " lOCdi
ton, which plan or plans VI copy thereof witt
The approval endorsed thereon shall be flee
with the Clerk of the Borough Council. Ii
case the said Chairman dlsapprOVeS any plaI
or plans as 10 location OF any pole, conduit o
manholeS, he shall designate some other lUca-
ton suitable tor the purpose OF said Company
In the event OF the failure on the part OF tht
Chairman and the Company to agree as to 10
cation of poles and such other matters as by
this ordinance are subject to the supervision
OF the Chairman of the Road Committee, tht
right OF appeal to the Borough Council is here
by granted.
Is That all poles erected by said COMPANY
shall be neat and symmetrical, that the length
thereof shall not be less than twenty (20) lee
above the surface of the ground, and shall b.
50 located as in no way to interfere with thu
safety and convenience OF persons travelling
ON OF over the said public roads, streets, al
leys OF highways, and in the installing ant
maintaining OF its underground system, sait
Company shall not open or cucumber an,
more of said public road, street, alley, high
way, lane, sidewalk and public place thai
viii be necessary TO enable it to perform Ihl
work with proper economy and efficiency.
"a That the erection OF poles, and the con
Struction OF cOnduits under the provisions o
this ordinance shall be subject to the supervi
sion of the Chairman OF the Road Committee
OF such other person OF persons as the Bor
ough Council may appoint, and the said Com
pany shall replace and properly relay an.
sidewalk or street pavement which may hav,
been displaced by 1t in the construction AM
maintenance of it's system.
(5) That said Company shall maintain al
I DOlCoNN dulNoV nltOOg OIAultDg duClOR DlDtS
mains and all other apparatus considered un
der the provisions OF this ordinance, in goo,
and sale order and condition, and shall al al
times fully indemnify, protect and save harm
less the said Borough Council of the BorougI
of Penns Grove from and againt all actions
claims, suits, damages and charges, an
against all loss and necessary expenditure
arising from the erection, construction an
maintenance of its system or from its neglec
or failure to maintain the said apparatus il
good and safe order and condition.
Na That the said fennS Grove Electric
Light. Heat & Power Co., shall be permitte,
to use the property of other companies and t
permit other companies TO use its property
upon such arrangements as the two cOmpanie
may agree, Provided that such use shall no
conflict with any existing. ordinances of tn
said Council OF the Borough oil PennS Grove.
% That the said plant Tor the generation
and distribution of electricity shall be electe,
and operated (and completely within lively
months from the date when this ordinance
goes into effect; otherwise the rights, privi
leges and franchise herein granted shall eas
and be void; provided, however, that If tn
validity and legality of this ordinance b
questioned by writ of certiorari or injunction
or any proceedings, either at law or in eQuit
the time which the said Penns Grove Electri
Light, Heat & Power Co, its successors an
assigns, shall be delayed by reason of sue
proceedings shall not be counted or constitut
any portion of the time aforesaid i'll which tn
said electric light plant shall be completes
and in operation.
(8) That the said Mayor and Council of til,
Borough OF Penns Grove shall at the expira
1 tith VI HOhNJ ~ OCA ALOll LuC Jul u
this ordinance, have the right to purchase O
the Penns Grove Electric Light. Heat & Powe
Co. and assigns, all the poles. wires, equip
ment and business of the said PennS GroV
Electric Light, Heat & Power Co., in the sal
Borough of PennS Grove; at the option of Ih,
said Mayor and Council OF the Borough o
Penns Grove. and the said PennS Grove Elec
t-sric Light, Heat & Power Co. and assigns
agree to sell said poles. wires, equipment an,
business at a price to be ascerta1ned by
commission, to be constituted at follows, to
wit: Two of said commissioners shall b
selected by the Council OF the Borough o
PennS Grove, and two of said commissioner
shall be selected by the Board of Directors O
the Penns Grove Electric Light, Heat & Co. O
assigns, and the fifth commissioner shall b.
: selected by the four commissioners selected a
Aforesaid, and the price of said poles, wires
equipment and business fixed by the sal,
commissioners, or by a majority of them, shall
be conclusive upon the said Council Of tn
Borough OF PennS Grove, and upon the sail
Penns Grove Electric Light, Heat & Powe
Co., its successors and assigns.
t9l That the consent and privilege hereb,
granted shall continue for a term of fifty $50
years from the time this ordinance is approx
ed by the Board OF Public Utility Commission
eIs for New jersey, in accordance with tn
statute III such case made and provided.
tl0l That this ordinance shall not becom
effective unless that said Company shall, ull
der ITS seal and by its p proper officers, signif.
III writing its acceptance OF all the terms
regulations and restrictions herein contained
within thirty (3D days after receiving motto
tD That all advertising or printing fee
incurred by the said Borough Council Of thu
Borough OF Penns Grove. in the County o
iSalem, and state of New Jersey, in connection
with the publication OF this ordinance and tn
notice herein referred to, shall be paid b,
said Company.
introduced at a regular meeting of tn,
Mayor and Council of the Borough of Penn
Grove, Nd, September 3, 1912, and passe,
atthe regular meeting of said Mayor an,
Council, October !, 1912.
ASA G. JUSTICE,
Approved oct. !. 1917. Borough Clerl
James SwEETEN, JR., Mayor.
Published Oct, 4, II, 1912.