Ordinance 03-1: Chesapeak Utilities -Gas Service
AN ORDINANCE GRANTING TO CHESAPEAKE UTILITIES CORPORATION, ITS SUCCESSORS AND ASSIGNS, HEREINAFTER REFERRED TO AS THE COMPANY, THE PERPETUAL RIGHT, PRIVILEGE AND FRANCHISE OF CARRYING ON IN TH ETOWN OF TOWNSEND, THE BUSINESS OF PRODUCING, MANUFACTURING, OTHERWISE ACQUIRING, DISTRIBUTING, AND SELLING NATURAL, MIXED OR MANUFACTURED GAS FOR LIGHT, HEAT, POWER, AND OTHER GAS RELATED PURPOSES.
Be it ordained by the Mayor and Council of the Town of Townsend in Council Met:
– The exclusive and perpetual right, privilege, and franchise is hereby granted to the Chesapeake Utilities Corporation, its successors and assigns, to carry on in the Town of Townsend, the business of producing, manufacturing or otherwise acquiring, distributing and selling natural, mixed or manufactured gas for light, heat, power, and other gas related purposes. The exclusive and perpetual right, privilege and franchise hereby granted shall be deemed to include the right to construct, operate and maintain in, along and upon the streets, alleys, bridges, public highways and other public places in the Town of Townsend, Delaware, gas mains, valves, manholes, meters, and service connections for the purpose of distributing gas for light, heat, power, and other purposes to the said Town of Townsend and the inhabitants thereof.
– The Company is to protect and save the town of Townsend harmless and indemnified against all claims for injury and damages of any nature arising directly or indirectly by reason of any act of negligence or omission to act of the Company its agents or employees, in connection with the operation or use of streets, alleys, bridges, public highways or public places under the franchise herby granted, including public places under the franchise hereby granted, including all Courts costs and expenses incidental to any suit therefrom.
– Before any street, alley, bridge, public highway or other public place be opened, obstructed or in any manner interfered with the purpose of altering, installing or making additions to any of the gas mains, valves, manholes, meters or service connections for any other purpose, written application shall be made to the Mayor, or such other person as the Mayor and Council of the Town of Townsend shall from time to time designate, setting forth in general terms the nature, location and extent of opening or obstructions desired and a permit from said Mayor, or such other designated person, shall be obtained and all specifications set forth in said permit as to the minimum or maximum area or depth or both, for opening or other matters, shall be strictly observed by the Company. The repairing and restoring of all openings and obstructions to the condition of the adjacent road bed shall be completed by the Company, or by a firm or person employed by it, as soon as practical and shall be completed to the satisfaction of the Town of Townsend, at the sole expense of Company. Provided, however, upon the failure of Company to make such repairs and restorations within a reasonable time, the Town of Townsend shall have the right to make such repairs or restorations, or to employ a person or firm, to make such repairs and restorations, and charge Company for all reasonable costs for such repair and restoration to said streets.
– If the location of any gas mains, valves, manholes, meters or service connections, or the erection, laying or removal of the same, does not interfere unreasonably with ordinary travel and/or the use of the streets, alleys, bridges and public ways of the Town of Townsend and otherwise complies with the ordinance, the Mayor, or other designated person, shall approve the same and issue a permit or permits therefore.
– All rates and charges exacted by the Company shall be fair, reasonable, just and uniform. The determination of the company’s rates shall be subject solely to the rules and regulations of any state or federal authority, which may have jurisdiction over this type of industry or enterprise.
– Additional requirements of Townsend Town Council, See Exhibit “A” attached.
– This ordinance shall be in full force and effect and constitute a binding contract between the Town of Townsend and the Company when the same shall have been authorized by a two-thirds vote of the Council of the Town of Townsend in any regular meeting wherein action is taken in compliance with Section 5 and 13 or 46 Laws of Delaware, Chapter 273, entitled An Act To Reincorporate the Town of Townsend In New Castle County, and when the same has been approved by the Mayor as provided for in Section 11 of 46 Laws of Delaware Chapter 273, and when the provisions, hereof, shall have been accepted by the Corporation. This ordinance is also enacted pursuant to and in the manner provided for in 26 Del. C. § 1301.
First and Second Reading: December 18, 2002; Third and Final Reading: January 8, 2003; Passed by Council on: January 8, 2003; Signed by Town Council President: R. Charles Murray