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HomeMy WebLinkAboutOrdinance_16_11/11/1958 r ORDINANCE NO. 16 AN ORDINANCE GRANTING TO JUPITER WATER COMPANY, INC., ITS SUCCESSORS AND ASSIGNS A LICENSE FOR WATER PIPELINES ALONG PUBLIC ROADS AND HIGHWAYS AND IMPOSING PROVISIONS AND CONDITIONS RELATING THERETO BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, as follows: Section 1 . That the Mayor and the Clerk be and they are hereby authorized, empowered and directed for and behalf and in the name of the Village of Tequesta to execute and deliver unto Jupiter Water Company, Inc. a license to maintain, repair, operate and remove the pipelines for the transmission of water under, on, over, across and along the streets, public roads and highways as shown on the Plat of Tequesta on file in the office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 25, pages 7 to 15 inclusive, said license to be in the following form: "LICENSE FOR WATER PIPELINES ALONG PUBLIC ROADS AND HIGHWAYS OF TEQUESTA "KNOW ALL MEN BY THESE PRESENTS: "WHEREAS, JUPITER WATER COMPANY, INC., a Florida cor- poration, has petitioned the Village of Tequesta for A license to maintain, repair, operate and remove the pipelines now in exist- ence along the streets, public roads and highways of the Subdivision of Tequesta as shown on the Plat thereof on file in the office of the Clerk of the Circuit Court in and for Palm Beach, County, Florida, recorded in Plat Book 25, pages 7 to 15 inclusive; and "WHEREAS, the Village Council of the Village of Tequesta has ascertained and determined that said petition for license should be granted in the interest of the public in accordance with the provisions hereinafter set forth and contained and in accord- ance with the laws of the State of Florida; "NOW, SORE, the Village of Tequesta, Florida, acting by and through its Village Council, does hereby grant unto the said Jupiter Water Company, Inc., and its successors and assigns a license to maintain, repair, operate and remove the pipelines now in existence in said Subdivision of Tequesta for the purpose of providing potable water for human consumption under, on, over, across and along any street, public road or highway as shown on the aforesaid Plat of Tequesta, SUBJECT,, HOWEVER, to the following terms, conditions and provisions, to -wit: "l. This license shall exist for a period of thirty (30) years.from the date hereof. "2. The Village reserves the right that the facilities shall be so located or re- located and so maintained as to inter- fere as little as possible with traffic over said streets, public roads and highways, bridges and public places and with reasonable egress from and ingress to abutting property. The location or re- location of all facilities shall be made under the supervision and with the approval of such representatives as the Village Council may designate for such purpose but not so as unreasonably to interfere with the proper operation of the Water Company's facilities and service. When any portion of a street is excavated by the Water Company in the location or re- location of any of its facilities the portion of the streets so excavated shall, within a reasonable time and as early as practicable after such excavation, be replaced by the dater Company at its expense and in as good condition as it was before such excavation. "3. The Village shall in no way be liable or respons- ible for any accident or damage that may occur in the operation or maintenance by the Water Company of its facilities hereunder, and the acceptance of this license shall be deemed an agreement` on the part of the Water Company to indemnify the Village and hold it harmless against any and all liability, loss, cost, damage or expense which may accrue to the Village by reason of the neglect, default or misconduct of the mater Company in the operation or maintenance of the facilities hereunder. 1 4. All rates and regulations established by the Water Company from time to time shall at all times be reasonable, and any increase by the Water Company of its water rates shall at all times be subject to the approval and regulation of the Village Council. The water rates now being charged by the Water Company are hereby approved, ratified and confirmed. "5. Within thirty (30) days after the first anniversary, date of this license and within thirty (30) days after each succeeding anniversary date of this license, the Water Company, its successors or assigns shall pay to the Village and its succes- sors an amount which, added to the amount of all taxes, licenses and other impositions levied or imposed by the Village upon the Water Company's property, business or operations and those of the Water Company's subsidiaries for the preceding tax year will equal five (5) per cent of the Water Company's revenue krom the sale of water to residential and commercial customers within the corporate limits of the Village for the twelve (12) fiscal months preceding the applicable anniversary date. "6. As a further consideration of this license, the Village agrees not to engage in the business of distributing and selling water during the life of this license or any extension hereof in competition with the Water Company, its successors and assigns. 2 "7. Failure on the part of the Water Company to comply in any substantial respect with any of the provisions of this license shall be grounds for the forfeiture of same, but no such forfeiture shall take effect if the reasonableness or propriety thereof is protested by the Water Company and until a court of competent jurisdiction (with right of appeal in either party) shall have found that the Water Company has failed to comply in a substantial respect with any of the provisions of this license, and the Water Company shall have six (6) months after the final determination of the question to make good the default before a forfeiture shall result with the right in the Village, at its discretion, to grant such additional time to Water Company for compliance as necessities in the case require. "8. This license shall become operative when the acceptance thereof shall be endorsed hereon by the Water Company in the manner hereinafter set forth. "IN WITNESS WHEREOF, the Village of Tequesta has caused this license to be executed in the name of the Village Council by its Mayor, and its seal to be affixed and attested by its Clerk, all pursuant to Ordinance No. 16 of the Village Council of the Village of Tequesta adopted on the day of 1958. "VILLAGE OF TEQUESTA By Mayor "Attest: Village Clerk "ACCEPTANCE OF LICENSE "JUPITER WATER COMPANY, INC., a Florida corporation, does hereby accept the foregoing license for itself and its successors and assigns, and does hereby covenant and agree to comply with and abide by the terms, conditions and provisions therein set forth and contained. "DATED at Tequesta, Florida, this day of 1958. ,`JUPITER WATER COMPANY, INC. By President "Attest: Secretary "Witnesses: fl 3 Section 2 . That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 3. That this ordinance shall take effect immediately upon its passage and approval as provided by law. PASSED AND ADOPTED ON FIRST READING this // �y day of November, 1958. r I / Vinage ounci P APPROVED: Mayor , ATTEST: Vill g Clerk 4