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1968-358 Condemnation Suit Against NPB Utilities, Inc.RESOLUTION N0. 358-68 A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, 1 FLORIDA, FINDING AND DETERMINING THE NECESSITY FOR THF, TAKING BY CONDEMNATION FOR THE USE AND BENEFIT OF THE VILLAGE OF NORT}[ PALM BEACH THE WATERWORKS AND DISTRIBUTION SYSTEM AND THE SEWAGE COLLECTION AND DISPOSAL SYST}3~7 WIT}[IN AND WITHOUT THE VILLAGE OF NORTH PALM BEACH, NOW OWNED AND OPERATED BY NORTH PALM BEACH UTILITIES, INC. W}[EREAS, the furnishing of water service and sewage collection and disposal facilities, to the residents of the Village of North Palm Beach, is determined to be a necessary and essential municipal function, and WHEREAS, the Village of North Palm Beach desires to insure that such water and sewage services may be furnished to the citizens of North Palm Beach in an efficient manner at a minimtun cost to the citizens, and WHF,REAS, certain additions to the present existing privately operated water and sewage facilities are desired in order that vile and noxious odors emanating from the sewer plant may be diminished or eliminated, and }WHEREAS, it is deemed to the best interests of the Village and the residents thereof to acquire by condemnation and to operate the said water and sewer facilities now owned and operated by North Palm Beach Utilities, Inc. within and without the limits of the Vil]age of North Palm Beach, and WHEREAS, the owners of North Palm Beach Utilities, Inc. are 1 engaged in extensive litigation with the owner of an option on the water and sewer plant, Mr. John D. MacArthur, which has brought the operation of the plant to a comparative standstill and has left great uncertainty concerning the future ownership and operation of the plant; BF. IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BF.AC}[, 1'LORIDA: -z- Section 1. That the Village will proceed to acquire by conderruiation all of the water production and distribution facilities, including mains, pipes and other appliances and appurtenances necessary to the sale and distribution of water in, under and along the streets, ' alleys and other public places of the Village and outside the mwiicipal limits of the Village now owned and operated by North Palm Reach Utilities, Inc. and that the said Village shall likewise proceed to acquire, by condemnation, and operate the sanitary sewer, collection and disposal system, including all plants, lift stations, pumping stations, sanitary mains, pipes, appliances and appurtenances necessary to the collection and disposal of non-industrial sewage under and along the streets and alleys and other public ways of the Village and outside the municipal limits of the Village now owned and being operated by North Palm Reach Utilities, Inc. Section 2. That Nason, Gildan & Yaeger, Attorneys for the Village of North Palm Beach, are hereby instructed and directed to ' forthwith prepare and file an action in the Circuit Court of Palm Beach County, Florida, for the purpose of acquiring by condemnation the said water plant and distribution system and the said sewage, collection and disposal system owned and operated by North Palm Beach Utilities, Inc., under option to Mr. John D. MacArthur, and against such other parties that may have any interest in the property to be condemned. PASSED AND ADOPTED THIS 11TH DAY OF JUNE, 1968. /s/ Thomas F. Lewis MAYOR A1'1'F,ST: ' /s/ Dolores R. Walker Village Clerk