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HomeMy WebLinkAboutOrdinance_209_05/22/1973• ORDINANCE NO. Zpg AN ORDINANCE OF THE VILLAGE OF TEQUESTA, FLORIDA, GRANTING TO THE LOXAHATCHEE RIVER ENVIRONMENTAL CONTROL DISTRICT A SEWERAGE SERVICE FRANCHISE, AND IMPOSING PROVISIONS AND CONDITION RELATING THERETO. BE IT ORDAINED BY THE COMMISSION OF THE VILLAGE OF TEQUESTA, FLORIDA, AS FOLLOWS: SECTION 1. There is hereby granted to the Loxahatchee River Environ- mental Control District, herein called the "Grantee", its successors and assigns, the exclusive right, privilege or franchise to construct, maintain and operate in, under, upon, over and across the present and future streets, alleys, bridges, easements and other public places throughout the limits of the Village of Tequesta, Florida, herein called the "Grantor", and its successors, in accordance with es- tablished practice with respect to sewerage service, construction and maintenance, for the period of thirty (30) years from the date of acceptance hereof, all plants, facilities or property; and additions, extensions, and improvements thereto at any future time constructed or acquired as part thereof, useful or necessary, or having the capacity for future use in connection with the collection, treatment, purification or disposal of sewage of any nature or originating from any source, including industrial wastes resulting from any processes of industry, manufacture, trade or business, or from the development of any natural resources; and without limiting the generality of the foregoing definition, shall include treatment plants, pumping stations, lift stations, valves, force mains, intercepting sewers, laterals, pressure lines, mains and all necessary appurtenances and equipment; all sewer mains and laterals for the reception and collection of sewage from premises con- netted therewith; and shall include all real and personal property. and any interest therein, rights, existing easements and whatsoever relating to any such sewer system and necessary or convenient for the operation thereof to Grantor and its successors, the inhabitants thereof and persons and corporations within the limits thereof. SECTION 2. The facilities shall be so located or relocated and so erected as to interfere as little as possible with traffic over said streets, alleys, bridges :, • • and public places, and with reasonable egress to abutting property. The location or relocation of all facilities shall be made only- after written notice to and under the supervision and with the approval of such representatives as the governing body of Grantor may designate for the purpose, but not so as unreasoh.ably to interfere with the proper operation of Grantee's facilities and service. When a portion of a street is excavated by Grantee in the location or relocation of any of its facilities, the portion of the street so excavated shall, within a reasonable time and as early as practicable after such excavation, be replaced by the Grantee at its expense and in as good condition as it was at the time of such excavation. SECTION 3. During the term of this franchise, the Grantor shall not levy, impose or require from the Grantee, or its property, business, or opera- tions relating to sewerage service, any tax, license fee, or other imposition. SECTION 4. Within the franchise area Grantee shall enact and enforce sewerage rates and regulations in accordance with Paragraphs 3 and °4 of the Agreement of Sale, a copy of which is attached as Exhibit "A,''. SECTION 5. Grantor shall in no way be liable or responsible for any accident or damage that may occur in the construction, operation or maintenance by Grantee of its facilities hereunder, and the acceptance of this ordinance shalt be deemed an agreement on the part of Grantee to indemnify Grantor and hold it harm- less against any and all liability, loss, cost, damage or expense which may accrue to Grantor by reason of the neglect, default, or misconduct of Grantee in the construction, operation or maintenance of its facilities hereunder. SECTION 6. The Grantor agrees not to engage in the business of sewerage collection, treatment and disposal during the life of this franchise or any extension thereof in competition with the Grantee, its successors and assigns and FURTHER, the Grantor agrees to cooperate with Grantee, in the supply of water necessary for the efficient functioning of the sewerage system owned or controlled by Grantee, its successors and assigns, in the Tequesta area. SECTION 7. This franchise shall not be assigned without the consent of the Grantor. SECTION 8. If any provision of this ordinance shall be found invalid by a court of competent jurisdiction, the same shall not effect the remainder thereof. -2- • • SECTION 9. Any dispute between the Grantor and the Grantee arising under or relating to this ordinance shall be settled through arbitration pursuant to the rules of the American Arbitration Association. SECTION 10. All ordinances or parts of ordinances in conflict herewith be, and the same are, hereby repealed. SECTION 11. This ordinance shall take effect upon its passage and ap- proval as provided by law. PASSED ON FIRST READING THIS 22nd day of May, A. D. 1973, PASSES AND ADOPTED ON SECOND READING THIS day of A. D. 1973. _ ~ :~ ~"~vt,z ` I~ ,, r.--- a~- ~ ~/'= ~ ~ ~ / - ---_ ~ ~ ~ ~~ .~L~-~'c ATTEST: Village Manager -3-