The Penn's Grove record., 1912-10-11
OF pENNs GROVE, N. J.
ORDINANCE Ne. "a

anu dpplldnC6S lOI lJS 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 pIa ces
by the said company.
WHEREAS, the Penns Grove Electric Light,
Heat q Power 20, on the sixth day of August,
Ammo Domini, nineteen hundred and twelve
(l9l2), filed with the clerk of the Borough of
the Borough OF Penns Grove, a petition provld-
ing that consent of said Borough Council ofthe
Borough OF PennS, Grove be granted TO erect,
construct, lay and maintain, all necessary
poles, wires, cables, cross arms, conduits,
manholes and other fixtures and appliances
Tor its lines III, upon, along, over and under
each and every public roads, streets, alleys,
highways, lanes, sidewalks and public places of
the Borough OF PennS Grove for the conduct of
its business in accordance with the statute in
such case made and provided, for a term of
fifty years.
WHEREAS, the said Borough Council did
designate the third day of September, Ammo
Domini. nineteen Ii hundred and twelve (19l2),
at 8 o'clock P. M, at the Borough Council
the time and place for the consideration OF
the application aforesaid; and
WHEREAS, notice of the time and place fixed
upon as aforesaid has been given by publlca-
zion 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 Borough 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, III the County of Salem, and
state OF New Jersey, for the conduct of its
business subject to the following conditions:
~ That the use OF the public roads, streets,
alleys, highways, lanes, and public
places shall be subject to such reasonable
regulations as the Borough Council now has
or 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 or plans showing the location and size
thereof to the Chairman of the Road Com
mittee for the time being, of the said Borough
Council who is hereby authorized and elm
powered for and ON behalf OF said Borough
Council TO approve OF disapprOye as to loca.
ton, which plan or plans OF copy thereof with
The approval endorsed thereon shall be FLIED
with the Clerk of the Borough Council. Ii
case the said Chairman d1sapprOVes any plaI
or plans as to location OF any pole, conduit oI
manhoies, he shall designate some other loca-
ton suitable Tor the purpose of said Company
In the event of the failure on the part of the
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.
shall be neat and symmetrical, thai the length
thereof shall mol be less than twenty (20) fee
above the surface of the ground, and shall b'
So located as in no way to interfere with tn
safety and convenience OF persons travelling
on or over the said public roads, streets, al
legs or highways, and in the Installing ant
maintaining OF its underground system, salt
Company shall not open or cucumber an.
more of said public road, street, alley, high
way, lane, sidewalk and public place thai
will be necessary 10 enable it to perform tn,
work with proper economy and efficiency.
"a That the erection OF poles, and the con
strpction of conduits under the provisions o
this ordinance shall be subject to the superVi
sion of the Chairman OF the Road Committee
or 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 ant
maintenance of IT'S system.
() That said Company shall maintain al
poles, cables, wires, cOnduitS, ducts, pipes
mains. manhOles and all other apparatus con
sidered.uuder the provisions of this ordinance
in;good and safe order and condition, and shall
at all times fully indemnify, protect and say
harmless the said Borough Council of the Boz
ough of Penns Grove from and againt all &C
lions, 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.
(6) That the said PennS Grove Electro
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 nc
conflict with any existing ordinances of tn
said Council of the Borough of Penns Grove.
ID That the said plant for the generatio
and distribution OF electricity shall be electe
and operated land completely within lively
months from the date when this Ordinanc
goes into effect; otherwise the rights, priv
leges and franchise herein granted shall ceas
and be void provided, however, that if tn
validity aud legality of this ordinance b
questioned by writ of certiOrari or injunction
OF 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 c~onstitut
any portion OF the time Aforesaid in which tn
said electric light plant shall be complete
and in operation.
49, That the said Mayor and Council of til
Borough OF PennS Grove shall at the eXpira
ton Of twenty Coy years from the adoption G
this ordinance, have the right to purchase {
the Penns Grove Electric Light, Heat & Powe
Co. and assigns, all the poles. wires, EQUIV
ment and business of the said Penns GrOy
Electric Light, Heat & Power Co., in the sal
Borough Of Penns Grove at the option of eli
said Mayor and Council of the Borough @
Penns Grove, and the said Penns Grove Elec
trio Light, Heat & Power Co. and assign
agree to sell said poles. wires, equipment an
business at a price to be ascertained by
commission, to be constituted at follows, tt
wit: TWO OF said commissioners shall b
selected by the Council of the Borough G
PennS Grove, and two of said commissioner
shall be selected by the Board of Directors c
the Penns Grove Electric Light, Heat & Co. @
assigns, and the fifth commissioner shall b
selected by the four commissioners selected a
aforesaid, and the price of said poles, wire.
equipment and business fixed by the sal
commissioners, or by a majority of them, shaI
be conclusive upon the said Council of tn
Borough OF Penns Grove, and upon the sal
Penns Grove Electric Light, Heat g. PoWe
Co., its successors and assigns.
10y That the consent and privilege hereb
granted shall continue for a term OF fifty (O
years from the time this ordinance is aDproy
ed by the Board of Public Utility Commission
ers for New jersey, in accordance with tn
statute IN such case made and provided.
(0) That this ordinance shah not becom
effective unless that said Company shall, un
der Its seal and by its proper officers, signif
in writing its acceptance of all the terms
regulations and restrictions herein contained
within thirty (3O days after receiving motto
(lD That all advertising or printing fee
incurred by the said Borough Conncil Of tn
Borough of Penns Grove, in the County o
Salem, 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, Nj, September 3, 1912, and passe,
at the regular meeting of said Mayor an,
Council, October l, 1919.
ASA G JUSTICE,
Approved Oct. 3. 1912. Borough Clerl
James SwEETEN, JR., Mayor.
Published Oct, 4, II, 1912.