HomeMy WebLinkAboutAgreement_General_05/27/1963 (2) o ..
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JOHN R. PHILLIPS t!
CHAIRMAN WARREN M. CASON TAMPA
RALPH POWERS LAKE CITY
TALLAHASSEE WILLIAM T. MAYO TALLAHASSEE
JOHN H. MONAHAN FORT LAUDERDALE
A. MAX BREWER TITUSVILLE
August 20, 1962
Jupiter Utility Company, Inc.
P. 0. Box 98, Jupiter
Tequesta, Florida
Re: State Road 5, Section 93040
Gentlemen:
Attached is approved copy of your application for
permission to construct, operate, and maintain an 8 -inch
water main along a portion of State Road 5, Section 9301+0,
in Palm Beach, Cdunty, Florida.
Yours very truly,
J. P. Herndon
Engineer of Maintenance
JPH: h
Attachment
cc: Mr. C. E. Davidson
District Engineer
State Road Department
Ft. Lauderdale, Florida
APPLICATION
---------------------------------------------- - - - --t PITER..- UTILIT" C= 41 `a ly--- al a..------..... .---------------------- "- - - - - -- a corporation
under the laws of the State of Florida, and having its principal place of business at ..... TELIESTA,...........
in said State, hereby makes application to the State Road Department of the State of Florida, for a
permit to construct and maintain a ........... 8.J rich.wat,.er...tl> j a--..-----.--------- ---- --- ---- •- •- ••-- • - •• -- - - - - -- ----------•-----_---
....................... ..... .. ...... ....... .. ......... on that portion of State Road No.__J ............. between Tequesta Drive
and _County- "Line -.. -, i n ...... Palm •- 3e2.ch---------------------- County, Florida, and submits herewith plans
and blue prints which are attached hereto and made a part hereof which set out the proposed construc-
tion and. maintenance.
In the event that said permit shall be granted, the applicant agrees to accept the terms thereof within
twenty (20) days from the granting of said permit, and to commence actual construction in good faith
within sixty (60) days from the date of said permit. Applicant agrees that in the consideration of
this application such further information as may be required by the State Road Department will be
promptly furnished.
Applicant declares that, prior to the filing of this application, due notice was given to all pole and
wire users on said section of State Road No ------ 5 --------- and attaches hereto copies of its letters addressed
to said users, notifying them that this application would on the .................. day of --------------------------- 19........,
be duly presented to the State Road Department.
JUPITER UTILITY COMPANY, INC.
B
_ "'
- - - - --
Attest: George Offutt, III President._
------------ ----- - - - -•- ........................ .
...... ...•-- •- •--- -•----- ....---- -•- • --•- -• Place
Secretary. Corporate
Seal
Received........................................................... 19 ..... .......
............ ....................................................................................
1
ACCEPTANCE
TO THE STATE ROAD DEPARTMENT
OF THE STATE OF FLORIDA:
-- -- ------- - - - - -- ----- - - - - -- ----------------- --------- -• - • - • JUPITER TJTILITY -- INC •----------------------------------- • - - -•• hereby
accepts the terms and conditions of the foregoing permit to erect, construct, operate and maintain
•----•---••-•-•-- •- •----- •-------------- - -- --ll l�.Water. m ••----- •-- •---- - - -• -- -with the necessary _ y on the
following described portion of State Road No.
....5 ............ between --- ... T –PSI11. 8. ats3... D5'i_ Y _e.............................
and ---- County -- L: i. ne ..aaad......................... in ...................... Palm Beach•, County, Florida
gLang..the.. =Bt ... aa dQ ... af ... right .. 4f ....y..31_.ft•. ... from_ line of said road or
. -••••••••••••••••-•...•••-••-•-
11.f t.. - -f rAm.. the ..edge..of.lbo ..pxe.-'4eaat..Paged ..portion - •• same.
-•-•---------------- ---•-------- • -•• -- ......................................................... •---••.....-•••---••••.....-•--•----•••-----•••---•---•••-----•-•- ••-- •••••......--- •••......• --
------------------------------------------------------------------------------------------ - - - - -- -------•-•••---•---•-••---...•••••----••••---------•------•-•--•---- •- ••- •------- •••---- •• -••••.
- - - - -- ------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------ ----------------------------------------------------------- ----------------------------- --------
---------------------------------------- - - - - -- ------------------------------------------- - - - - -- ------------------------------------------------------------------------------------------------
•-------------------------- - - - - -- --------------------------------------------------------------------------------------------------------------------------------------------------------------
said permit having been passed and approved by the State Road Department, at Tallahassee, Florida,
on .................................... day of ....................................................... 19 .............
IN WITNESS WHEREOF, said .............. JUPITER.. UTILITY.. C 01 APANY .,___INC
has caused this acceptance to be signed by its President and its corporate seal to be hereunto affixed,
attested by its Secretary, this .......... ................. day of ......................................................... 19.52...._..
...__......tIU.PZ.TFa.>3. _U ' Y.. 0. 00 ,.-INC ., ................. J BY -• -• -•- - -•• --- - -- - - --
Attest: George V. Offutt� II President.
........................ I ................... N .. .... .....
Secretary.
Place corporate seal
(NOTE: —In order to expedite the granting and acceptance of the Permit, it is suggested that the acceptance
above be executed at the same time the application is executed.)
6
ORDER GRANTING PERMIT
In the Matter of :
The Application of ......................... ...
••-----•------------------•--.......---••-••------•---------......--•-------........-----...------------......---- •........:----- ...............
for a permit to construct, operate, and maintain a facility, with the necessary
appurtenances, along a portion of State Road No .............. ............................... in
------....-•---•-------•--•-•--•-----------•--•----- ------------ ---------- • - - -.. County, Florida.
Theapplication of ------•-•-------•-••---------------------••----------- ................................................................................................
for a permit to construct, operate and maintain a facility, with the necessary appurtenances, upon a
portionof State Road No ................. between .................................................. and .------..............------.................---
in ................. ............................... County, Florida, having come on regularly for hearing on the ................ day
of .................... ............................... 19............, before the State Road Department, under the provisions of
resolutions adopted by the State Road Department at its meetings of January 16th, 1925, April 2nd, 1926,
March 18th, 1939, July 28th, 1949 and August 26th, 1949, and it appearing that all requirements have
been complied with in making application by the holder, it is,
ORDERED that a permit be, and the same hereby is, given and granted to ............. ...............................
.........................•-•--.............-----..............--•----•----...... .............----------- ....... herein referred to as the "holder," to erect,
construct, operate, and maintain .......-----•------------••------- ................................................................................................
...................................... ..............................I herein referred to as the "facility" together with the necessary
appurtenances, on the following described portion of State Road No ................. between ..............................
and ...... ............................... in ..................... ............................... County, Florida, terminable and subject to the
following special terms and conditions:
(1) It is expressly stipulated that this permit is a license for permissive use only and that the
placing of facilities upon public property pursuant to this permit shall not operate to create or to vest
any property right in said holder.
(2) (State here any additional special terms or conditions) :
-------------------------------------------•----.........-----...-------- •----- •---------- - - - - -. --------------.....---------------......-----•--.........--•---.....-----............-----------
...................--•---•----------------------••---•--•--------. ...--------------- ....... - - -••- --------------........-------•--------------...-----------------•-- ........------------ .........
........ .......... •----•---............----•---------...........----...---------------.....----.........................................-•-•------------ ........- •---- •-- •- -• - - -• ••-- •---- - - - - --
......---••---------• ................................................•--------...------------............---...........------------------------------------------------------................----
..........-•----------------•------------.........----------.....---------- •----- ............. -- -----......-----•-----........-----.......------................. ........•......................
2
This permit is granted subject to the following general terms and conditions:
1. Said facility shall be erected, constructed, installed and /or operated and maintained on said high-
way by holder only as herein provided and as shown on said plans and maps or blue prints attached
hereto as a part hereof.
2. Only one Iine of poles, wires, pipes, or cables shall be erected, constructed, installed and /or main-
tained, and the same shall be at least ................ feet from the center line of said highway, unless other-
wise shown on said plans and maps or blue prints.
3. All poles, wires, pipes, cables or other facilities and appurtenances authorized hereunder, shall
be erected and maintained at all times so as not to interfere with the use of said highway for travel.
All wires along or across the roadway shall be erected and maintained with a minimum vertical clear-
ance at least as great as that prescribed by Sections 232 and 232 A (pages 42-45) of Safety Rules for
the Installation and Maintenance of Electric Supply and Communication Lines, National Bureau of
Standards Handbook H 32, U. S. Department of Commerce, which were approved by the American
Standards Association on August 27, 1941, and adopted by the State Road Department on July 28,
1949. Guy wires or any other wires shall not cross roadway except where necessary.
4. It is expressly agreed by and between the parties hereto that this permit is granted upon the
condition that at no time during the operation and maintenance of an electric power line shall the
operating voltage on said power line exceed 13,200 volts. It is further agreed that the responsibility for
strict compliance with this condition shall rest entirely upon the holder and upon any violation thereof
this permit shall, at the option of the State Road Department, be revoked, and, upon notice of said
revocation, become null and void, and of no further effect. Upon such revocation the holder shall
promptly remove all poles, wires, cables, and other installations from the right of way.
5. In constructing, operating, maintaining, and repairing said facility and the appurtenances thereto
the holder shall conform to any requirements made by the State Highway Engineer, or any State depart-
ment officer authorized to supervise and regulate such work and utility for the protection and safety of
the public; and such construction and maintenance shall at all times conform to the requirements and
standards as fixed and adopted by the United States Bureau of Standards. All electric facilities shall
be constructed and maintained so as to cause the least possible interference with radio reception.
Subject to same terms and conditions, holder may take such safety measures, including placing and
display of caution signs, as it may deem necessary in conduct of construction and maintenance work
hereunder.
6. The work of constructing, removing and relocating any and all poles, wires, pipes, cables or
other facilities and appurtenances authorized hereunder, shall be done at the expense of the holder, and
without interference with traffic upon or along said highway, and to the entire satisfaction and under
the supervision of the State Highway Engineer; and none of such work shall be undertaken or carried
on without ten days' written notice having been first given to the State Highway Engineer.
3
7. Any and all damage or injury, done or caused said highway or any portion thereof in the construc-
tion, operation, maintenance or repair of said facility shall be immediately repaired and reconstructed
under the supervision and to the satisfaction of the State Highway Engineer; and in the event the
holder shall fail, neglect, or refuse to repair and reconstruct said damage or injury to said highway
immediately, the same may be done by the State and the expense and cost thereof shall immediately be
repaid by the holder to the State.
8. No trees or shrubbery on or directly adjacent to the right of way covered by this permit shall
be cut or trimmed by holder, without first securing the permission of the State Road Department, and
such permission when secured shall be exercised under the supervision of the State Road Department.
The holder shall clear the right of way of all debris resulting from the exercise of this permit.
9. (a) This permit is not exclusive and the State reserves the right to grant permits to other
persons or companies to use the highway or any part thereof covered by this permit for the same
purpose as herein authorized or for any other purpose authorized by law.
(b) If the highway or any portion thereof, upon which this permit operates, is occupied and used
by the same kind and character of utility, or a similar utility or facility, under a permit heretofore
granted by the State, which prior permit contains a common user clause, this permit shall be deemed
to grant and authorize only the use of said highway or portion thereof, in conjunction with the holder
of said prior permit and under the terms of said common user clause.
(c) Whenever there shall hereafter be granted a permit to use and occupy with the same or a simi-
lar utility all or any portion of the highway herein authorized to be used, and occupied, the holder of
this permit shall permit the joint use and occupation of its poles and structures placed upon said high=
way, or portion thereof, under this permit by the holder of §uch subsequent permit, upon such terms
and regulations, rentals or compensation as shall be just and equitable. If the holders of said permits
are unable to agree upon the terms and regulations, rentals or compensation for such common user, the
same shall be submitted to three arbitrators for decision, one of said arbitrators to be named by each of
the holders of the permit, and the third arbitrator to be selected by the other two; and the decision of
said arbitrators shall be binding and conclusive on the holders of the permit.
(d) Telephone and telegraph utilities shall be deemed similar utilities within the meaning of that
term as used in this paragraph.
10. Whenever necessary for the construction, repair, improvement, alteration or relocation of all, or
any portion of said highway as determined by the State Highway Engineer, any or all of said poles,
wires, pipes, cables or other facilities and appurtenances authorized hereunder, shall be immediately
removed from said highway, or reset or relocated thereon as requireeby the ,State Highway Engineer,
and at the expense of the holder.
4
11. Upon the failure, neglect or refusal of the holder to immediately do and perform any change,
removal, resetting or relocating of any poles, pipes, wires, cables or other facilities, or any repairs or
reconstruction of said highway herein required of the holder, the State may undertake and perform
such requirement and the cost and expense thereof shall be immediately repaid to the State by the holder.
12. Any breach of any of the conditions and requirements herein made, or failure on the part of
the holder of this permit to proceed with due diligence and in good faith, after its acceptance, with
construction work hereunder, shall subject this permit to cancellation after a hearing before the
Chairman of the State Road Department, of which said hearing the holder shall be given at least ten
days' written notice, if at that time the holder is a resident and doing business in the State of Florida,
otherwise by publishing a notice of said hearing once a week for two consecutive weeks in a newspaper
of general circulation in .. .............................. County, Florida, the last publication to be at least ten days
before the date fixed for said hearing.
13. It is understood and agreed that the rights and privileges herein set out are granted only to the
extent of the State's right, title and interest in the land to be entered upon and used by the holder,
and the holder will, at all times, assume all risk of and indemnify and save harmless the State of Florida
and the Department from and against any and all loss, damage, cost or expense arising in any manner
on account of the exercise or attempted exercise by said holder of the aforesaid rights and privileges.
14. The holder shall save and keep the State of Florida harmless from any and all damages, claims,
or injuries that may occur by reason of the construction, maintenance, and operation of said facility.
15. The holder shall, within twenty (20) days from receipt of a copy of this order, file with the State
Road Department at Tallahassee, its written acceptance of the terms and conditions of this permit.
16. This permit shall be null and void unless actual construction under the terms and provisions
hereof shall be commenced in good faith within sixty (60) days from the date hereof.
17. The State reserves the right to alter or amend the permit hereby granted, in any particular,
through its State Legislature by general law.
18. This permit is granted under the provisions and subject to the conditions and requirements of
said resolutions adopted by the State Road Department at its meetings of January 16th, 1925, April
2nd, 1926, March 18th, 1938, July 28th, 1949, and August 26th, 3949.
�RJ
Dated at Tallahassee, Florida, this ..... . .. ...... ....... day of ..... ........................................................... , 19........ - -.
THE STATE ROAD DEPARTMENT OF FLORIDA
APPROVED AS TO FORM AND EXECUTION •
TNOMA� T. COBB By - - -- •---- ...- -'-` -- -------- - - - - --
ATTORN�Y, S. R. D. Cha4rma -n -(or Secretary) -of
State Road Department.
BY b FrXECl LYR Plk"10
SSISTANVTTORNEY
JUPITER UTILITY COMPANY, INC.
Jupiter P. ®. Pox 98
TEQLj7,S
Florida Povaer _& IZ-ght Compamj
G'St P81.m Bee-ch Fla.
Re: I.n.stallat on of 8 11 ;meter !main along
South side of Tequesta Drive; east of
F.R.C. R.R. to U.S. "way #1 ( S.R.5)
then. under Tequestz% Drive thence north
to County L re Rd alon;rr ."he -rest siege of
U.S. HI ay l..
Gentlemen:
'111is is to not=ify you that the Jupiter Utility Company, Inc. - will
install. an S" water min alongside the south side of Tecuesta. Drive
in the Village of iecuesta, for approximately a dis -'ance of 1200 feet
startinf -, f'ro;'_ the west side of Cle, Di Wray and nw-n .nr; °a.st to
U Pr-ay =l1, tf-.en runrd.r.7 north under ecuesta Drive alon6 the
T T
wer't rigY of '" of U.S. Rl to County Line Rd.
If you ritl be so RW as to advise us of arr of your utilities, Either
.aerial or urderuround, we wil`.. appreciate this informs ti on.
It is our intention to start mek on this installation ras noon as we re—
ceive our permission from the Stage Road Department and ,your '.kind co-
opgration will be an eciated.
Very truly yours,
JUPITER UTILITY CUM"PAff, Inc.
Thomas H. Stagg, Manager
c/a S tete. Pop d Dept. of Florida.
JUPITER 1C.7']C'ILITY COMPANY, INC.
Jupiter P. ®. Box 98
TTEQUEST'A, FLORIDA
Ju y 23, 1962
Southern Hfll TAI, & Tel. Go.
124 fern St.
r. Palm 3each, Fla..
Re Installation of 8" water na1r_ along the
south ' side of Te c£mesta Drivs east of the
F.E.G. R. R. to U--q— Htway 41 (S.F. 5i
then north under Ternuesta Drive to the
Counts- Lire R,o3.d. along ti, -Jest side
rim t o' ,,ar of U. S. H17,-.7 41
Jentiaum s
'This is to notify you that the Jtz Pitc�7 WID A7 Gompany, r c . V0.11
iro', as an S" eater main along the south side of Teouesta Drive in
the Village of Tecuest�± for a distance of approadnatsly 1200 feet
starting fror^ the :«est side of Old Dixie HIway, going under Old
BL–ri.e and running east to U. S. Hlivay ` then under Tegimesta Dxljors
anal run-n— north aloNg the Test, right of T,a of LT. S. A ?l approxi–
µat sly 4080 feet to Co mty Line Road.
If yy�m •mill be so kind as advise us of any of your utilities, either
aerial or undergmu.Md, Tae zil.l appreciate; this in.roma +ion.
It is oar intention to start work on this installation as soon as we
receive perLAssion from the State Road Depart,. znt and your kind ce–
operation i1 be appreciated.
Very t � rul � y yours, P w C
T. Ii. Stagg, Manager
C/C to Fy:,zi 3taty 'c. pept.
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