HomeMy WebLinkAboutProperty_Other_11/23/1960 't . �
BEFORE THE FLORIDA RAILROAD AND PUBLIC UTILITIES COMMISSION
In re: Amended appl3cat3.on of Jupiter
Utility Company, Inc. for a certificate DOCKET N0. 602g-W
to operate an existing water system �.n
Pa1m Beach County. ORDER N0. 3058
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Chairman Jerry W. Carter, Comm3.ssioner Wilbur C. Ki�ng and Com-
missioner Edwin L. Mason each participated in the disposition of this
cause.
ORDER GRANTING CERTIFSCATE
BY THE COMMISSION:
Pursuant �o Section 6 of Chapter 59-3?2, Laws �f F].or3da, Jupiter
Utility Company, Inc., a Florida corporation, has f 31ed its amended
app�ication £or authority to continue operation of a water system in
Palm Heach Caunty, Florida in the territory served by its predecesaor,
Jupiter Water Company, Inc., on the effective date of said Ac� in Palm
Beach County. The applicat3.on complies with said Section 6 and the
rules and re ulations adopted by this Commission by its Orders Nos.
2856 and 285�-A in Docket No �9oo -Rule except as hereinafter set
forth.
Pursuant to Sec�ion 23 of said Chapter the Board o� County Com-
missioners of Palm Beach County adopted a resolution vestin� �uris-
dictian in the Florida Railroad and Public Utilities Commission over
water and sewer public utilities operating in said county. Said reso-
lution was Filed with this Commission on July 16 1959
Applicant ha,s not filed a franchise �ranted to it by the Hoard
of County Commissioners of Palm Beach County. All of the territory
applied for under this cert3ficate application, as amended, is within
the corporate limits of the Village of Juplter Inlet Colony, the
Village of Tequesta and the Town of Jupiter. We have previously stated
in Order No 2856 that the requiremen� of a county franchise by
Section 6 apparently applies whether or not the terrltory served is
in a municipality or is in unincorporated territory. Although the
Palm Beach County Comm3ssion granta franchises to water and sewer
utilities operating 3n unincorporated terr3.tory in said county, it
declines to issue franch3.ses to utilities located wholly within the
corporate limits of a munic3,pa13,ty. Section 5, relating to applica-
tions for new systems, only requires a county franchise for operation
within the unincorporated area of a county. Construing Section 6 in �
para mater3a with Section 5 indicates a legislative intent that a
count�r franchise be required only for operations 3.n un�.ncorporated
territory. Under these circumstances we consider that the certificate
applied for should not be denied.
A predecessor of applicant, Jupiter Water Company, Inc., was
operat3.ng a water system in Pa1m Beach County on the effective date
of the Act and subsequently Jupi�er Utility Company, Inc, purchased
all of the assets of Jup3.ter Water Company, Inc. Since Jupiter Water
Company, Tne. would have been entitled to a certificate under Section
6 of said Act and since the Comm�.ssion under Sec�ion 10 thereof is
required to 3ssue a certificate to any transferee who ma.y purchase a
certif3.cated system, the Commiss3on finds that it has full authority
to 3ssue the certificate appl3ed for to Jup3ter Ut3lity Company, Inc.
It does not appear that �he terr3.tory professed to be served by
this appli.cant canflicts with, overlaps or infringes upon any portion
of the terr3.tory professed to be served by any other applicant.
IN CONSTDERATION OF THE PREMISES, IT IS
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Order No. 3058
Docket No. 6029-W
Sheet 2
ORDERED by the Florida Ra3.lroad and Public Ut3.lities Commission
that Certificate of Public Convenience and Necessity No. WS-2�+ be
issued to Jupiter Utility Company, Inc., P. 0. Box 98 , Jupiter, Florida,
authorizing 3t to construct and oper�,te a water sys�em in the follow-
ing described territory and ta continue to �erve said territory which
it served on the effect�.ve date �.n Palm Beach County of Chapter 59-372,
Laws of Florida :
The territory lying w3.tihin the corporate 13.mits
of the Village of Jupi.ter Inlet Coloriy, Florida,
the Village of Tequesta, Florida, and that por-
�ion of the Town of Jup�.ter as is cori�sined in
the Subdivision of Ju 3.ter-in-�he-Pir�es, rECOrded
in P1at Book No. 25 0� pages 145 and 146 of the
public records 3n the off ic� of the C1erk of the
Circuit Court, Pa3m Beach County, F�dr3.da.
By Order of Chairman Jerry W. Carter, Commissioner Wilbur C.
King, and Commissioner Edwin L. Mason, as and constitu�in� the
Florida Ra3lroad and Public Utilit3.es Commiasion, this 2 rd c�a�
of November, 1960
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(S E A L) EXECUTIVE SECRETARY �
GPM
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BEFORE THE FLORIDA RATLR.OAD AND PUBLIC UTILITIES C�MMISS�ON
In re: Change in name of holder of
Certificate of Public Convenience and DOCKET N0. 6029-�1
Necessity No, WS-24 from Jupiter Utili�y
Company, Inc, to Tequesta Water Company, ORDER N0. 35?2
Inc,
Chairman Edwin L. Mason, Commissioner Jerr�r W. Carter, and
Commissioner Wilbur C. King each participated in the disposition
of this matter.
0 R D E R
BY THE COMMISSION:
Pursuant to Commiss3on Order No. 3058 issued in Docket No.
6o2g dated Novem�er 23, 1960, Jupiter Utility Company, Inc. was
issued Certificate of Public Convenience and Necessity No. WS-24..
The certificate holder now informs us by letter dated April 16,
�963 �hat it has changed its name to Tequesta Water Company, Inc.
IT IS, THEREFORE, IN CONSIDERATION THEREOF
ORDERED by the Florida Railroad and Pub1YC Uti13t3es Commission
�hat the appropriate books and records of this Comrniss3.on reflect
the fact that the owner of Certificate of Public Convenience and
Necessity No. WS-2�+ is now known as Tequesta Water Company, Inc,,
and that Jupite� Utility Company, Inc. surrender Certif3cate No. WS-2�+
to the Commission within f ifteen (15) days from the date of this
order so �hat same may be raissued in the name of Tequesta 1rlater
Company, Inc..
By Order of Chairman Edwin L. Mason, Commissioner Jerry W.
Carter, and Comm3.ssioner W31,bur C..King, as and constituting the
Florida Railroad and Pub13.c Util3ties Commission, this 14th
day of May, 1963
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�S E A L) EXECUTIVE RETARY �
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LICENSE FOR WATER PIPE LIl�IES
ALONG FUELIC ROADS AND HIGH�+TAYS
JUPITER INLET BEACH COLONY
KNOW ALL MEN BY THESE PRESENTS:
That, WHEREAS, JUPITER WATER COMPANY, INC., a Florida corp-
oration, has filed its sworn petition for license to construct, main-
tain, repair, operate and remove pipe lines for the purpose of the
transmission of potable water for human consumption, under, on, over,
across and along any County Highway, or any public road or highway
shown on the plat of JUPITER INLET BEACH COLONY, a Subdivision of
Jupiter Island, Pa1m �each County, Florida, recorded in Plat Book 24,
Page 139, in accordance with the provisions of the laws of the State
of Florida; and
WHEREAS, it is made to appear by said s�orn petition:
(a) That said roads or highways are public roads or highways
which have been acquired by Palm Beach County or by the public by de-
dication or prescription.
(b) That said roads or highways are without the corporate
limits of any municipality.
(c) That said petitioners request said license for the pur-
pose of providing potable water for human consumption to residential
and commercial consumers in said Subdivision; and
Tai�iEREAS, the Board of County Co�issioners of Palm Beach
County, Florida, has ascertained and deter�ined 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, THEREFORE, THE COUNTY OF PALM BEACH, FLORIDA, a political
subdivision of the State of Florida, acting by and through its Board of
County Commissinners, does hereby grant unto the said JUPITER WATER
COMPANY", INC., a Florida corporation, whose address is P. 0. Box 188,
Jupiter, Florida, and its successors and assigns, s license to construct,
maintain, rep�ir, operate and remove pipe lines for the purpose of
providing potable water for human congumption, under, on, over, across,
and along any County highway or any public road sho�m on the aforesaid
plat of JUPITER INLET BEACH COLONY, said plat being on file in the
office of the C1erk of the Circuit Court in and for Palm Beach County,
Florida, in Plat Book 24, Page 139.
3UBJECT, HO�EVER, to the following terms, conditions and
provisions, to-wit;
1. Said licensee shall use and exercise the license hereby
granted so as to prevent the erection of any obstructions or conditions
which are or may become dan�erous to the traveling public.
2. Said licensee is required to repair any dam�a.ge or injury
to an� such public road or highway by reason of the exercise of the
privileges hereby granted, and shall repair said road or highway prompt-
ly, restoring the �ame to a condition at least equal to that which
existed immediately prior to the infliction of such dam�ge or injury.
3. Said licensee shall hold the Board of County Co�nission-
ers and members thereof harmless froen the payment of any compensation
or damages resulting from the exercise of the privileges hereby granted.
4. That nothing herein contained shall be construed to mean
that the County of Palm Beach, Florida, sha.11 be responsible for the
maintenance or repair of any of the streets, roads or highways of the
aforesaid subdivision.
5. That the Licensee shall, at its own expen�e, adjust the
positions and elevations of the pipes and other facilities as may be
required in connection with future improvements to, or reconstruction
of the roads and highways in said subdivision.
6. That the license hereby granted shall becone operative
when the acceptance thereof shall be endorsed hereon by said Licensee,
and sha11 be in perpetuity, SUBJECT, HOWEVER, to termination by the
Licensor as to any road or highway in event such road or highway shall
be closed, abandoned, vacated, or discontinued.
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IN WITNESS WHEREOF, the BO�iRD OF COUNTY COMMISSIONERS OF
PALM BEACH COUNTY, FLOPIDA, has caused this license to be executed
in t'ne name of the County by the Chairman of the BOARD OF COUNTY
COMMISSIONERS, its seal to be affixed, and attested by its Clerk,
all pursuant to the [tesolution of the BOARD OF COUNTY COMMISSIONE�S,
adopted on the 27tn day of August, A.D. 1956.
COUNTY OF PAI,M BEACH, FLORIDA
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s� airman o�.t e oar � o
A�.'T�ST:_ County Commissioners
.�. ALE�Y AR.rTETTE, CLERK Approve$ ,
� , SEP 4 - 1956 ���
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eputy er
� u.*�ty Atto���
Signed, sealed and delivered in
tne presence of:
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STATE OF FLORIDA
COUNTY OF PALM BEACH:
On the �� day of August, 1956, before me, a Notary Public
of the State of F�ida, personally appeared PAUL RA and R. B. McKEE,
to me known and known to me to be the Chairman and Deputy Clerk, resgec-
tively, of the BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY,
FLORIDA, and they did acknowledge to and before me that they executed
the foregoing license in the name of said BOARD OF COUNTY COMMISSIONERS,
and affixed thereto the official seal of said County, as the act and
deed of said County by virtue of the authority in them vested by the
action of the members of the said BOARD OF COUNTY COMMISSIONERS.
IN WITNESS WHEREOF, I have hereun�o set my hand and affixed
my official seal the day and year first above written.
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o�"tary t � ic ; �'tate o,�' — at
(Notarial Large
Seal)
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