Ordinance 005 NPB Utilities, Inc. Franchise~o
ORDINANCE #5
AN ORDINANCE OF THE VILLAGE OOUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, GRANTING AN EXCLUSIVE FRAN-
CHISE TO NORTH PALM BEACH UTILITIES, INC., A FLORIDA
CORPORATION, TO OPERATE AND MAINTAIN A WATER SYSTEM AND
SEWAGE COLLECTION AND DISPOSAL SYSTEM IN THE VILLAGE
OF NORTH PALM BEACH, FLORIDA: SETTING FORTH CONDITIONS
AND PRIVILEGES ACCOMPANYING THE GRANT OF FRANCHISE:
PROVIDING FOR RATES AND CHARGES, AND FOR SERVICE STAN-
DARDS: PROHIBITING THE USE OF INDIVIDUAL SEWAGE DISPOSAL
SYSTEMS AND~OR SEPTIC TANKS WITHIN THE VILLAGE LIMITS:
PROVIDING FOR SEWER CONNECTIONS AND PENALTIES FOR THE
VIOLATION OF SUCH PROVISIONS; AND FOR OTHER PURPOSES.
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• BE IT ORDAINED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH,
FLORIDA:
Section 1. Short Title. This ordinance shall be known and
may be cited as the NORTH PALM BEACH WATER AND SEWAGE FRANCHISE
ORDINANCE.
Section 2. Definitions.
(1) The word "Utility" as used herein refers to
North Palm Beach Utilities, Inc., a Florida corporation.
(2) The word T'Village" as used herein refers to
the Village of North Palm Beach, Florida.
Section 3. Grant of Authority. In consideration for the
undertaking by the Utility of furnishing water distribution and
sewage collection services to the area included in the Village,
there is hereby granted by the Village to the Utility the exclusive
right and privilege to erect, construct, operate and maintain:
(1) A water distribution system and the right and
privilege to pipe water into the Village to transport the same by
mains and pipes throughout the Village and the exclusive right to
- sell and distribute water within the Village; and for these
purposes to establish the necessary facilities and equipment to
' lay and maintain water mains, pipes and any 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.
' (2) A sanitary sewage collection and disposal
system for the collection and disposal of all non-industrial
sewage and the right and privilege to transport the same by mains
and pipes throughout the Village; and for these purposes to
establish the necessary facilities and equipment and to lay and
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ORDINANCE #5 (Continued)
' maintain sanitary sewer mains, pipes and any other appliances-
and appurtenances necessary to the collection and disposal of
non-industrial sewage, sometimes more commonly called domestic
sewage, in, under and along the streets, alleys and other public
places of the Village.
(3) Nothing in this franchise nor in the rights
and privileges herein granted shall be construed to prevent the
Village from granting exclusive or nonexclusive rights, privi-
leges or easements to other persons, firms or corporations for
furnishing utility services other than water service and/or
sewer service provided the exercise of such granted rights,
privileges and easements do not unreasonably interfere with the
use by the Utility of the streets, alleys, public ways and places
in the Village for the purposes described in this ordinance.
Section G.. Compliance with Applicable Laws and Ord-
inances. The Utility shall, at all times during the life of
' this franchise, be subject to all lawful exercise of the police
power by the Village, and to such reasonable regulations as the
Village shall hereafter by resolution or ordinance provide.
Section 5. Liability of Utility: Indemnification.
It is expressly understood and agreed between the Utility and the
Village that the Utility shall save the Village harmless from all
loss sustained by the Village on account of any suit, judgnent,
execution, claim or demand whatsoever resulting from negligence
on the part of the Utility in the construction, operation or
maintenance of its water or sewage systans in the Village. The
Village shall notify the UtilityTS representatives as soon as
possible after the presentation of any claim or demand, either
by suit or otherwise, made against the Village on account of any
negligence as aforesaid on the part of the Utility.
Section 6. Service Standards. The Utility shall oper-
ate and maintain its water supply and distribution system and its
' sewer collection and disposal system and render efficient service
in accordance with this ordinance, and all reasonable requirements
and regulations o£ the Florida State Board of Health, and
particularly without limitation in accordance with the following
• provisions:
a.
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ORDINANCE #5 (Continued)
(.1) Water.
' (a) Fire Hydrants. The Utility shall
install fire hydrants along the water mains to be constructed in
the Village at such locations as may be designated by the Village
but not closer than at street intersections.
' The Utility shall deliver such water in
such quantities as will maintain a static water pressure equal to
forty (40) pounds per square inch at the fire hydrants, and in
accordance with the Code of Standards of the National Board of
Fire Underwriters. However, the Utility does not guarantee that
the supply of water to be distributed to such fire hydrants shall
be at all times constant or maintained at the pressure specified
above, it being understood that temporary cessation of delivery
of water or drop in water pressures at any time caused by an Act
of God, fires, strikes, casualties, accidents, necessary main-
tenance work, breakdowns, damage to machinery or lines, civil or
military authority, or by riot or other cause beyond the control
of the Utility, shall not constitute a breach of the provisions
' of this sub-paragraph or impose liabili ty upon the Utility to the
Village or to its inhabitants or water consumers therein.
(b) Residential - Other Users. At all times
the Utility shall be able to provide for the use of consumers with-
in the Village a minimum quantity of 300 gallons of water per day
under adequate pressure for domestic or other use at all
the taps or water outlets of such consumer, and to maintain at
all times the quality and purity of such water to meet the
• United States Public Health Service Drinking Water Standards
promulgated February 5, 1946, as regulations of the United States
Public Health Service. However, the Utility does not guarantee
that the supply of water to be distributed shall be at all times
' constant in the above quantities or under the above pressure, it
being understood treat temporary cessation of delivery of water,
or drop in water pressures at any time caused by an Act of God,
fires, strikes, casualties, accidents, necessary maintenance
' work, breakdowns, damage to machinery or lines, civil or military
authority, or by riot or other cause beyond the control of the
Utility shall not constitute a breach of the provisions hereof
or impose liability upon the Utility to the Village or to its
inhabitants or water consumers therein.
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ORDINANCE #5 (Continued)
(c) Meters. All water delivered to consumers
' hereunder (except water delivered to fire hydrants) shall be
measured by meters of standard make and of sufficient size, such
meters to be furnished, installed and maintained by and at the
cost of the Utility. Tn case the Village shall at any time
question whether any meter or meters are registering correctly,
the Village shall have the right, upon making written request to
the Utility, to have such meter or meters tested in the presence
of a representative of the Village and if, as a result of such
• test, such meter or meters shall be found to be incorrect or
inaccurate the same shall be restored to an accurate condition
or a new meter or meters shall be installed at the cost of the
Utility. If such meter or meters be found to be within three
per cent (3J} of the accurate or true reading, the cost of such
test shall be borne by the Village but otherwise shall be paid by
the Utility. Should any test or tests show any such meter or
meters to be substantially inaccurate, computations for water
' previously delivered since the last preceding monthly meter
reading shall be adjusted accordingly.
(2) Sewer.
(a) The Utility shall operate and maintain a
sanitary sewage collection and disposal system adequate for the
safe and sanitary collection, treatment and disposal of all non-
industrial sewage in the Village. At all times such sewer
system shall be operated and maintained in accordance with all
reasonable regulations and recommendations of the Florida State
Board of Health and such as to produce an effluent o£ a quality
satisfactory to the Florida State Board of Health and any and all
governmental authorities having jurisdiction over such matters.
Records of any and all tests conducted in connection with such
' sewer system shall be kept as permanent records by the Utility
and the same shall be open to inspection by any governmental
agency or user of such system at all reasonable times. Any
such governmental agency, including the Florida State Board of
' Health, through its representatives shall at all times have access
to the sewer collection or disposal facilities to conduct any and
all tests as such agencies shall determine necessary to insure
compliance with the aforesaid regulations and recommendations.
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ORDINANCE ~5 (Continued)
In the event such a€;encies shall determine the operations of the
' system do not meet the aforesaid regulations or recommendations,
the Utility shall immediately, at its sole expense, make any
adjustment, repair, installation or improvement that shall be
lawfully necessary or reasonably required by such agencies to bring
' the operation of thE; sewer system up to the aforesaid regulations
and recommendations., The Utility shall maintain the aforesaid
sewer system at all times in good order and repair so that
satisfactory service may be supplied to each of the users thereof
• within the Village.
Section 7. Other Provisions. The Utility will furnish
and maintain at its own cost, all necessary fitting s, pipes
and appliances, inclu ding all meters and meter boxes, to deliver
water to the consumer at the property line. All such fittings,
pipes, appliances, meters and meter boxes shall remain the
property of the Utility, and shall at all times be accessible to
it and under its control. The service line from the meter to the
' consumer's premises shall be laid and maintained by the applicant
at his own cost. TYie line shall be of ample size, of standard
weight and quality, and all cut-offs, valves, fixtures, and
appliances furnished by the consumer maintained in good order and
condition.
Sewer lines shall also be furnished and maintained
by the Utility, together with all necessary appurtenances thereto
to the property line of the consumer. The sewer line from the
property line to the consumers' premises shall be laid and main-
tained by the applicant at his own cost. The sewer line shall
be of ample size, of standard quality, and the appurtenances
thereto shall be maintained in good order and condition.
' A1.1 of such water and sewer connections required
to be furnished by the applicant shall be of such size and quality
as shall be required. by the Utility, and shall be laid and
installed in ac corda.nce with its rules and regulations.
The Utility shall be authorized to establish
reasonable rules and. regulations not in violation of the terms
of this Franchise.
Section $. Extensions. Anything to the contrary
. contained elsewhere herein notwithstanding, the Utility shall be
ORDINANCE ~5 (Continued)
under no obligation to extend its mains, lines, appurtenances and
facilities to any area of the Village platted of record subsequent
to the date of this Franchise, unless and until there shall have
been filed with the Utility a sufficient number of applications
for service by prospective consumers who will actually reside in
said newly developed area, to afford the Utility, in its reasonable
opinion, a fair and reasonable rate of return upon the investment
required to extend the Utility's facilities to such area.
Section 9. Rates and Charges. So far as it is within
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the power of the Village to fix rates and charges, and subject to
the provision that all rates hereunder shall at all times be such
as to provide the Utility with a fair return on the replacement
or reproduction value of its water supply and distribution
system and its sewer collection and disposal system, rates and
initial charges to consumers of water within the Vi]1 age and rates
and charges to those who shall be connected with the sewer system
shall be as follows:
(7. ) Water.
(a) Fire Hydrant Use. The Village shall
pay to the Utility annually, on or before January lst, such sums as
may be due for fire hydrant use and for water service available
thereto at the rate of X65.00 per hydrant in existence as of the
last day of the previous year.
(b) Residential Users. For residential
consumers or users of water using a one (1) inch meter, or one of
less size, the quantity of water delivered by the Utility shall be
determined from meter readings made by or on behalf of the Utility
monthly and billed t>y the Utility monthly to the consumer at the
following rates:
0 to 5,~~00 gallons Minimum monthly charge $2.50
Next 5,000 to 10,000 gal. !,0¢ per 1,000 gallons
Next >r0,000 to 25,000 gal. 35¢ per 1,000 gallons
Over 25,000 gallons 30¢ per 1,000 gallons.
(c) Other Users. For water consumers
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other than those described in sub-paragraphs (a) and (b) above,
the quantity of water delivered by the Utility shall. be determined
from meter readings made by or on behalf of the Utility monthly and
billed by the Utility monthly to the consumer at rates set by
special contract between the consumer and the Utility.
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ORDINANCE #5 (Continued}
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(d) Penalties. A penalty of 10~ may be required
to be paid on all bills not paid within 10 days. In the event
water bills are not paid within 30 days, the Utility shall have
the right to discontinue both the water service and sewer service
to the consumer without further notice and such service shall
not be restored until after all past bills have been paid, including
extra expenses (such as special trips, inspections, disconnecting
and reconnecting service, additional clerical expense, etc.)
incurred by the Utility on account of any delinquent bill, or
on account of the consumer's aiolation of the contract for water
or sewer service or of the Utility's rules and regulations.
The minimum charge to cover such extra expenses as to each of
said services is Five Dollars 05.00}.
(e) Combined Billing. water and sewer bills may
be combined under on.e billing.
(f') Connection Charges: Deposits. Applications
for connection to th.e water distribution system shall be made
upon forms to be furnished by the Utility in compliance with the
rates, rules and regulations of the Utility, and after approval
of the application by the Utility thereon. The size of service
lines, valves, meters and other fittings, fixtures or appliances
necessary to give the service applied for shall be a reasonable
and proper size to be determined by the Utility at the time of the
application. Such applications shall be accompanied by the payment
of the following connection charges:
Size of Connection
3%4
1"
Over 1"
Connection Charge
~ 45.00
75.00
100.00
To be set by Utility
and by payment of a reasonable deposit to guarantee payment of
water bills.
(2 } Sevrer.
(a) Single Famil Residential Users. A
monthly charge shall be made and billed by the Utility at the
following rates:
Where no water service is furnished Min. charge ~ 5.50
Where water consumption by such customer
is 5,000 gallons per month, or less Min. charge 3.00
Where water consumption by such customer
is in excess of 5,000 gallons per month
3.50
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nRnrNANCE #5 (Continued}
In the event thaat customer's building
has more than o~ae toilet or bathroom, an
additional charge of 50¢ per month per
toilet or bathroom beyond one shall be
made.
(b) Other Users. For sewer customers
other than those described in sub-paragraph (a) above, monthly
' rates shall be set by special contract between the consumer
and the Utility.
(c) Penaltv. A penalty of 10~ may be
required to be paid on all bills not paid within 10 days. In the
• event sewer bills are not paid within 30 days, the Utility shall
have the right to discontinue both the water service and sewer
service to the consumer without further notice and such service
shall not be restored until after all past bills have been paid,
including the penalties noted above plus reimbursement to the
Utility for all extra expenses (such as special trips, inspections,
disconnecting and reconnecting service, additional clerical expense,
etc.) incurred by the Utility on account of any delinquent
' bill, or on account of the Consumer's violation of the contract
for water or sewer service or of the UtilityTS rules and regula-
tions. The minimum charge to cover such extra expenses as to
each of said services is Five Dollars 05.00).
(d} Combined Billing. Sewer and water bills
may be combined under one billing.
(e) Connection Charges: Deposits. Applica-
tions for connection to the sewer collection system shall be made
upon forms to be furnished by the Utility in compliance with the
• rates, rules and regulations of the Utility, and after approval
of the application by the Utility thereon. The size of service
lines, valves, meters and other fittings, fixtures or appliances
necessary to give the service applied for shall be a reasonable
' and proper size to be determined by the Utility at the time of
the application. Such applications shall be accompanied by the
payment of a connection charge of Ten Dollars 010.00}, and by
payment of a reasonable deposit to guarantee payment of sewer
' service bills.
3. Changes in Rates and Charges: Vdater or_Sewer.
The above rates are the initial rates and charges which by the
granting of this franchise are determined to be reasonable in
accordance with the provisions of this section. The Utility may
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ORDINANCE ~5 (Continued}
establish, amend, revise and enforce from time to time or times
' in the future, different rates or charges reflecting rates and
charges lower or higher than those shown above, provided, however,
that any such lower or higher rates or charges so established or
enforced from time i;o time by the Utility shall be subject to the
provisions of this Section 9.
!y. Tax Clause. The rates and charges, including
minimum and other c]Zarges and service guarantees are dependent
upon Federal, State, county, municipal, district or other govern-
mental taxes, license fees and/or other impositions upon the
Utility, and such rates and charges may be increased, or a sur-
charge added, if and when any or all such taxes, license fees
and/or other impositions are increased, at the cost per hundred
gallons or other applicable unit of charge, of such additional
taxes, license fees and/or other impositions.
Section 10. Term of Franchise. This ordinance shall
' take effect and be in force from and after the final passage
hereof, as required by law, and upon filing of acceptance by the
Utility with the Village Clerk. Such franchise shall continue
in force and effect for a term of thirty (30) years beginning
with the date of such acceptance.
Section 11. Individual Sewage Disposal Systems Pro-
hibited; Sewer Connections Required; Penalty. The use of individual
sewage disposal systems and/or septic tanks, grease traps and dry
wells by any person in the Village where sewer collection service
is available is hereby prohibited. All persons owning improved
property fronting on a street wherein sewer collection service
is available shall connect the improvements upon such premises
in the manner herein or by other law of the Village provided.
Any person convicted of violating this section shall be punished
by a fine of up to Five Hundred Dollars 0500.00), or by
imprisonment up to ninety (90) days, or by both such fine and
imprisonment.
The Utilit
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Section 12
Assignment
is hereb
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the right and authority to make assignments of this franchise and
the rights, privileges and authorities granted hereby and all
assigness upon the acceptance thereof shall be bound to the same
extent as if they were originally named as the Utility hereunder.
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ORDINANCE #5 (Continued}
Section 13_. Additional Ordinances. The Village agrees
to pass all ordinances necessary or suitable both for the reason-
able protection of •t he rights and property of the Utility and to
enable the Utility to enforce any of its reasonable rules and
regulations for the management, operation and control of the
services to be rendered by the Utility hereunder and to pass any
reasonable ordinance or ordinances that will be necessary to
suitable in order to fully confirm to the Utility the rights herein
or hereby granted or intended so to be.
Section 14.. Separability. If
sentence, clause, phrase, or portion of th
reason held invalid or unconstitutional by
jurisdiction, such portion shall be deemed
and independent pro vi Sion and such holding
validity of the remaining portions hereof.
any section, sub-section,
is ordinance is for any
any court of competent
a s~arate, distinct
shall not affect the
FIRST READING the 14th day of September, 1956.
SECOND, FINAL READING AND PASSAGE the Z~ -=day of
~c~oee.~c , 1956.
{SEAL)
ATTEST ~ r ,~~`
tam, .~.
i " v _~.~. ~. F , ,~.~r ,
Vice Mayor
Village Clerk
{SEAL)
ATTEST:
Its Secretary
The foregoing Franchise is accepted this
1956.
day of
NORTH PALM BEACH UTILITIES, INC.
By
is resident