HomeMy WebLinkAboutOrdinance No. 38-1964•
M ICROF1i..MED
• 3.13-30
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ORDINANCE NO. '8-64
AN ORDINANCE. GRANTING TO THE CITY OF COCOA, FLORIDA,
THE RIGHT, PRIVILEGE AND '..ANCHISE TO OPERATE A WATER
• WO= SYSTEM IN THE CITY C2 CAPE CANAVERAL AND RIGHTS
02 WAY AND EASEMNTS FOR aHE LAYING OF PIPJ UNDER AND
• ACROSS THE STREETS, AVENUES, ALUM, PAFfaS AND OTHER.
PLACES OF THE CITY OF CAPE CANAVERAL FOR SAID PURPOSE,
• DEFINING. THE 'IS CONDITIONS AND. LIMITATIONS OF THE
• SAID RIGHTS, AND FOR OTHER PURPOSES: REPEALING ORDI-
NANCE NO. 30-64.
WHEREAS, tho City of Cocoa is now operating a water works plant in the
City of Cocoa for tho purpose • of furnishing water to the City of Cocoa, and
the coneumers therein, and also has extended into the City of Cape Canaveral
Ipinee for the purpose of furnishin7 water to consumers in the City of Cape
Canaveral and,
WHERE.AS, the City of Cocoa is authorized by the provisions of Sub-
sect-Icn 53, Section 3, Article II,- Chapter 59-1186, Laws of Florida 1959, to
operate a water works without the City Limits of the City of Cocoa and in
adjoinin municipalitiee; and,
• :4.e......ekees _ of Cape Canaveral has requested the City of Cocoa to
a v:aeo.. , waereey.the elty of
•
Cape Canaveral can be
seeured• of having -.:ater and determi..-..ing their respective ric.hts and oblige -
tione thoreum.der for future water sales;
THERIZCRE) Ee it ordained by the City Council of the City of Cape
Canaverae.:„Erevard County, Florida, and it is hereby ordained by authority
• • .
of the eathe that:
S2CTI0N 1. The City e Cape Canaveral does hereby grant to the City of
Coeeas a municipal eee:,eratien organized and existing under the L of the
Et;,to of Plerida„ riht) priviIefre and franchise to operate a water
plantancl water tio--. system in the City of Cape Canaverals and to
tha za=0, and threu!,Fhsaid plant to t'ul-r,4Eh water to the
City of. Cape.Canaveral and the Inhabitants of the City of Capp Canaveral.
- SECTi0 2. The City of Cape Canaveral,, as now existing or which may
incorporated in the limits of the City of Cape Canaveral,
,
21orida whether as a reeult of:petition, ordinance or resolution or by
. .
does further grant to the City of Cocoa a right of way
eeld easCent,for the water pipes now laid under the streets, avenues,
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alleys,.parksand 'other public places in the City of Cape Canaveral and such
additional.pipes.asnay hereafter be laid under any streets, avenues, alleys,
ps.rks and other public places in the City of Cape Canaveral for the purpose
o: conveying water fram the present plant and water works system now owned
and r^iv,tained by the City of Cocoa to water consumers within the City of Cape
Canaveral through the pipes new laid or• hereafter to be laid; said easement to
continue 30 long as the privilege and franchise herein granted shall continue.
SECTION 3. This grant of said franchise, privilege, right of way and
casement is made. upon the following terms and conditioni, and subject to the
following limitations, all of which are agreed to by the City of Cape Canaveral
by the passage of this ordinance and the City of Cocoa by acceptance and use
of the said franchise.
SECTION 4. The term of this grant shall be"for thirty (30) years from
the date hereof.•
SECTION 5. The grant is mado expressly subject to the provisions of
Section 167.22 of the Florida Statutes, including the right to purchase the
system in Cape Canaveral, Florida, as provided in said section; however, the
City of Caps Canaveral, Florida, shall not have the right to purchase the
nail', transmission line by which water i conveyed by the City of Cocoa, Florida,
to Cape Kennedy and intervening and surrounding territory. If the City of Cape
Canaveral, Florida, shall purchase the said distribution system, then the rates
for such future water sales shall be negotiated.
SECTION 6. The City of Cocoa shall have the exclusive franchise to fur—
nish water to the inhabitants of the City of Cape Canaveral, within the
geographical territory of said City as now existing or as hereafter enlarged
by legislative act or otherwise.
SECTION 7. The City of Cape Canaveral, Florida does grant to the City
of Cocoa, FloriZa full right to install, maintain, repair, replace, enlarge
and extend a water distribution system, and for said purpose to enter upon
any of the streets, avenues, alleys, lanes and other public places in the City
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of Cape Canaveral, Florida for the said purpose, subject to the conditions
herein impozed. Tho City of Cocoa, Florida in exercising the privileges herein
Tated, shall lay the said. pipes under the said streets, avenues, alleys,
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lazes: and other public placesin the City of Cape Canaveral, Florida in such
manneras may not unreasonably interfere with the use of said streets for
the parpose of travel bedestrians and vehicles, and in such manner as may
not unreasonably interfere with the establishment of any storm sewers or
drainage system; or any sanitary sewer system then in existence. The City
of . Cocoa, Florida shall relocate, change or reconstruct such water distri-
bution tion system facilities and the cost of such relocation, change orrecon-
struction or any other alteration to be borne by the City of Cape Canaveral,
Florida, when necessary to permit proper drainage, sanitary facilities or
to permit the widening, repaving, relocating, or reconstruction of the
streets,avenues, alleys, lanes and other public places due to the demands
of public or private transportation to provide for the safety, speed and
convenience of the inhabitants of the said City of Cape Canaveral, Florida.
The City of Cocoa, Florida shall promptly restore the surfaces of all streets,
avenues . alleys, lanes or other . public places in which said water distribu-
tion system shall be laid after the construction of said system or the entry
u ca such aplacos for the repair and maintenance thereof. Prior to the
censtrnction of said system, or any extension or addition, the City of Cocoa,
= :�a` sh submit to the City of Cape Canaveral, Florida the plan for the
construction of the s;Luc, together with the location of said system or such
c;.e_..io.s of such water distribution system, and such construction shall
preee d until such ply rs have been approved by the City of Cape Canaveral,
.17%1•
The City of Cape Canaveral; Florida, shall not unreasonably with -
approval of such plans so long as the same shall not interfere with
any drainage sewers or other public Works established in said City, and
ehall : o ,; bo detr_me. ta1. to the health, safety or convenience of the
inhabitants of said City or the general public.
SECTION 8. 12 the City: of Cocoa shall deem it advisable to obtain
ato Dro e ty in tho City of Cape Canaveral for the purpose of erecting
' ank..or..t" ks,bu di `.gs or .otherstructures, or to acquire land or rights
w.y for water pipos across private property, and the City of Cocoa shall
b3 unable to secure the same at fair prices by negotiation, and shall desire
to condemn the sane under the right of eminent domain, and it shall be
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determined bY:opinion.ofoeunsel Ox-a.judgment of ourt that the City of Cocoa
shall not have such right of condemnation within the City of Cape Canaveral,
the City of Cape Canaveral agrees to institute condemnation proceedings for
the purpese of acquiring such land, with the express proviso that all expense
of acquiringsnch land, and of such condemnation proceedings shall be borne
by -the City of Cocoa, and that the City of Cocoa shall comply with all reason-
0 --,b'e requirement:, made by the City of Cape Canaveral for the purpose of
esenrin- the City of Cape Canaveral of the payment by the City of Cocoa of
trio e---re_s for the taking of property and expenses in said condemnation suit,
includilne the fees of the attorneys for the City of Cape Canaveral.
SECTION 9. The charges for water furnished to the City of Cape Canaveral,
to censunere of water in the City of .Cape Canaveral, shall at all times
be reasenable and just, after taking into consideration the cost of operation
. of the City of Cocoa,s water plant and distribution system, the maintenance
end repair of.the same, reserves for the depreciation of the plant and distri-
.
oution systen other' reserves and payments required by the City's Bond Reso-
lutions, reserves to provide for future extensions, and a reasonable return
ca the capital invested.
The City o Cocoa shall be authorized to charge to the consumers of water
the City of Cape Canaveral a rate equal to that rate as now charged or as -
hereafter from time to time will be charged to consumers located outside the
. crate Units of the City of Cocoa, Rockledge, Cocoa Beach, Florida and
any geverament installation. During the life of this franchise if.increase
makes it desirable or necessary to add additional water facilities
for the be,-lefit of the City of Cape Canaveral, Florida which by their expense
to the City 02 Cocoa would create a decrease in anticipated net surplus; then
a new rate schedule to be charged the consumer in the City of Cape Canaveral
shall be n-zet-ated before such facility is constructed and to be effective
efee the faeihit:y is installed and in operation.
Chare for connection shall be that as made by the City of Cocoa
„ •;
T.L.ese-• ..c)sparttant whieh rate shall be UnifOrmly applied to all water consumers
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tho sco zoo:being served by the Cityof Cocoa Water Department.
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SECTION 10.. The City of Cocoa shall not assume the duty of supplying
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any portion or. any inhabitants of the City of Cape Canaveral with water
beyond the reasonable capacity of the water system operated by it and the.
pipes. d by it in the City. of Cape Canaveral, or unless the returns shall
be ccmmensurate with the investment, and it shall not be required to extend
the said waterpipes to anyterritory or to any consumer that cannot be
supplied with the system constructed by the City of Cocoa for the purpose
of conveying Crater into the City of Cape Canaveral.
SECTION 11. . The City. of Cocoa shall be authorized and empowered to
make reasonable rules and regulations governing the use of the said water,
of and..anne.' of payment for water furnished, ed, including connection and
cut -cuff cargos, and cash deposits insuring payment of charges; .provided the:
'said regUlations . shall be uniform with regulations applying to consumers
within teCity of Cocoa; and the City shall have theright to discontinue
furniehing Irate: to any consumer r:'r o • shall not comply with such rules and
r eg ticna.
S CTTON 12. The right, privilege, franchise and easement herein
gra:need, aid the water pipes, equipment and other real and personal property
of the City of Cocoa now owned or hereafter acquired by it, and hereafter to
laid, constructed and used by it, are and, shall be public property of the
City of Cocoa, . used for public purposes, and shall be exempt from all taxa-
tion, either ad valorem, excise, ?i.cense,specific or otherwise, by the City
cf Cape .Canavers' . During the term of this franchise and agreement it is
underetocd and agreed that if the City of Cape Canaveral shall levy any
utility tax upon tha,water service or sales to the consumer, whereby it
's._.e:; ;,e. City of Cocoa to incur additional administrative expenses; then,
any specific statute or statutes notwithstanding, the City of Cocoa may
charge such amount of additional administrative expenses as in the opinion
cf the City e Cocoa . i > • just and .proper • against the individual consumer and
;aid consumerTs water charges will be increased to reflect this utility tax
• a
and :inistrativc expense for collection.
SECTION 13. FIRE HYDRANTS. The.City of Cape Canaveral shall desigiace
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the location of fire hydrants on the existing mains, or those hereafter
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laid, and the...City%of-COcoa shall install the same, and the City of Cape
'Canaveral shallPay'the same rental as paid by the City of Cocoa for rental
of hydz'ants.:
SECTION 14. In case of the bursting of any of the water mains or
pipes
in the waterworks system, or in case it may become necessary to repair any
part of the waterworks system whereby it becomes necessary to shut off such
water supply temporarily, the City of Cocoa is hereby authorized to close
any valve or valves in any of the mains as may be necessary for the pro-
toction of said waterworks system, or to meet the exigencies of the case.
And it is expressly, convenanted, understood and agreed that the said City of
Cocoa shall in no wise be held liable accountable to the City of Cape
Camaveral for any •such bursting, breakage or accident of any kind that may
oecua' to said water works system or water mains, hydrants, valves or other
.connoctions:or f - any water taken f-fa.the City of Cape Canaveral in con -
with .the furnishing'of said water:as herein provided by the City of
•Cocoa, and the.said City of Cape.Canaveral hereby convenants and agrees to
kee-o ha -loss said City of Coeca fre.4 any and all loss, cl:,7-t,ge or
•
i4! incur or suffer by reason of the execution
C..' perfors:anco of this ceetioa.
SECTION 15. it imutually covenanted and agreed that the said City of
Cecsa shall not be held accountable or liable, nor shall it be held or
censidered ae a breach of this contract for failure .on its part to supply
water to said City of Cape Canaveral growing out of any breakage, unavoidable
accident er injury of any kind occuring to the waterworks system, filtration
plant, wate7-nIC 0.2 z_Ly 7-,-t thereof, or on account of any suit proceeding,
judL.2,ent or decree ia aly Court of record, restraining or interfering with
the City of Cecen in carryiAg out this contract on its part, nor shP11 :t
•
nd.liable.eraceeuntable under thisagreement for any.failure to supply
cut.of any lack of fuel or power to operate its system occa-
eiened.by any. accident, act,:of.Cod:beyond its control, the act of the elements,
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strikes,- riots ,or public enemy, but the. City of Cocoa expressly covenants
to USe duediligence and care to perfOrm its contract upon its
and use all due diligence to repair or replace any and all breakages.
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SECTION 16. All ordinances or parts of ordinances in conflict here-
with be, and the same aro hereby, repealed.
S23TI0N 17. That if any section or portion of any section of this
ordinance shall hereafter be declared or determined by any Court of compe-
tent authority to be invalid, the City of Cocoa, at its election may ratify
or confira the remaining portions of this ordinance and upon such ratifica-
tion or confiraation the remaining portions of this ordinance shall remain
in full force and effect.
SECTION'18.- Thie ordinance shall become effective upon its adoptiOn
by the City Council of•the City of -Cape Canaveral and the acceptance of
the same by the City of Cocoa.
SECTION 19. The method of publication of this ordinance shall be by
posting a copy •of the same in three public places in the City of Cape
Canaveral for a pea -led of 30 days.
SECTION 20. Ordinance No. 30-64 of the City of Cape Canaveral is
hereby repealed..
A:a2TID at a special meeting o: the City Council of the Civ of Cape
Canaveral, hold on the 21 day of September,'1964.
s/ Jack Hurck
Mayor PrO Tem
'Attest:
s/ Dearia'J. Anderson
. City Cler:,:
Approved as to and legality:
s/T. David Buis
City Attc4'ney of Cape Canaveral
Accpa ;7:zip by
the Cit.y of Ceeoa,
•
)7/ Kn.thTvh, •A. Caldwell
• " • : , •
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5/°Jr H. Clendinen
Hay
Appi.oved as to form and legality:
George,Ritchie
City Attorney of Cocoa
OR 38-64
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RESOLUTION
A RESOLUTION ACCEPTING THE CITY OF
• CAPE CANAVERAL WATER FRANCHISE.
• - .•
•BE IT RESOLV,ED BY THE CITY COUNCIL OF THE CITY OF
COCOA, FLORIDA, as follows:
SECTION 1. That Ordinarice Number 38-64, as duly
passed by the City Council of the dJi of Cape Canaveral,
Florida', a copy of which is attached hereto, made a part
''hereof.and marked Attachment "A", is hereby accepted.
SECTION 2• That,the Mayor JamesHH. Clendinen.be
authorizedto sign said Ordinance indicating the approval
of the City Council of the City of Cocoa, Florida and the
City Clerk,Kathryn A. Caldwell, be,a#horized to attest
the Mayor's signature on said instrument.
PASSED AND APPROVED at a SPECIAL meeting
of the'City Council of the City of CoCoa, Florida, held
on the . 2°th day of October ,1964.
Attest:
cit6 Clerk
a
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AGREEMENT FOR BILLING AND; COLLECTION OF
SANITARY SEWER SYSTEM CHARGES FOR THE
CITY OF CAPE CANAVERAL, FLORIDA, BY THE
CITY OF COCOA, FLORIDA.
THIS AGREEMENT made and entered into on this °C .ffday
of October, 1964, by and between the City of Cape Canaveral,
a municipal corporation organized and existing under the
laws of the State of Florida and located in Br.evard County,.
Florida,. and the City.of Cocoa, a municipal corporation
•
organized and existing under;:the laws of the State of
Florida,.and located in Brevard County, Florida. •
WITNESSETH:
WHEREAS,. the City of Cape Canaveral, Florida, did duly
adopt on September 21, 1964, Ordinance. No. 38 -64, granting
the. City. of Cocoa, :Florida, the exclusive, thirty (30) year
right., privilege and:franchise to operate a water works
• system in the 'city of Cape Canaveral, Florida; and,
WHEREAS, under the provisions of sai&Ordinance the
City of 'Cocoa, Florida, will have the right to collect
charges.for water furnished and to discontinue service for
non-payment of water bills; and, •
WHEREAS, the City of Cape Canaveral, Florida, desires to
construct and establish a sanitary sewer system in and for
the City of Cape Canaveral, Florida
..
NOVA, THEREFORE, in consideration of mutual covenants .
herein:' contained the parties. hereto .do agree mutually as
follow;
(1) v:on the completion of the construction and
establishment of a sanitary sewem.system by the, City of
'Cape Canaveral, Florida, -the City of Cocoa, Florida will to the
extent:.permitted by law, bill and collect for sewer system
OR 38-64
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and treatment service furnished by the -City of Cape Canaveral,
Florida, which system is not owned, operated'or maintained..
by the City of Cocoa, Florida, at the same time that the
City of Cocoa. collects ,the charges for water furnished to
its customers in. the City of Cape Canaveral, Florida.
For these services, the City of Cocoa will be paid a minimum
of .50 monthly for each account -for billing and collection
charges..for the use of the said sewer system.
..(2). The City of Cocoa does not guarantee the
collection of the sewer charges from the customers of said
sewer system, and shall be obligated to remit to the City
of.Cape Canaveral the charges as the same shall have been
collected by the City.of:Cocoa, and'the City of Cocoa shall
.not be :responsible for any. delinquent accounts, and shall bill
andcollect the accounts through the normal procedure now
used by_the city Of Cocoa in collecting sewer charges for the
system owned and operated by it..
(3) The term.of this agreement shall be for a period of
one year from the date. of execution by the parties hereto,
provided however, that this agreement shall be automatically
.renewed.from year_to.year, and likewise the fee paid for
ccllection;shalilbe amendable at each renewal period upon
giving ninety (90) days notice.in writing, unless cancelled
as hereinafter provided. This agreement is irrevocable by
.either party during, the first -year of its term. Any renewal
period .of the agreement maybe cancelled by either the City .
of Cape Canaveral or the City of Cocoa upon giving ninety (90)
'days.notice in writing to the other. party,. of the* intention
to, cancel this agreement.
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(4) The City of Cape Canaveral shall supply the City
of Cocoa with letters either from the; County Board of Health
or. the State Board of Health as to the City of Cape
Canaveral's.sewerage service and condition of its plant.
This agreement shall be effective only so long as sewerage
service is rendered and the sewerage plant is operative.
The City of Capes Canaveral;shall furnish the City of Cocoa
a list' of the initial sewer customers to be billed. The said
list shall include the current name and address, block and lot
number, mailing address, the monthly sewer service billing
'charge and, the ;date billing is to begin. Said charge will
be for current sewer service only and'not for any delinquent
sewer charges. The .City of Cape Canaveral shall notify the
City of Cocoa by.letter of any change' in the charge or rate
for sewer service at least thirty (30).'days in advance from
the effective date of said change and ;:shall furnish the City
of Cocoa proof.of authorization of thehew charges.
(5) On or before the 15th day of each month, a list of
• all new customers to be billed shall be furnished the Utilities.
Department of the City of Cocoa by the City of Cape Canaveral.
The said list shall include the name and address, block and.
lot number, mailing address and the monthly sewer service
billing: charge. It is.understood•betw;een the parties, that
if the aid list is not received on or before the 15th day
of the month,.the new.accounts will not be billed by the.City
• Of Cocoa until the.second month following.
(6) At .the end of each billing period, a statement shall
c
be furnished by the City of Cocoa to the City of Cape
Canaveral,
which statement shall include the following:
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(a) The total amount of sewerage service
money collected for the previous month
(First through the last day ;of the month).
(b) The number of customers billed and
the current collection charge.
(c) A. check from the City of Cocoa made
payable to the City of Cape'Canaveral in
the amount of the balance due the City
of. Cape Canaveral, (a-b=c)
INWITNESS WHEREOF, the parties to this agreement have
caused the same to be signed in their corporate names and their
corporate seals to be affixed hereto by their duly authorized
officers, on the day and year first above written.
(CORPORATE..;SEAL)
Attest:
Approved by. City..Attorney
(CORPORATE SEAL)
Attest:
CITY OF CAPE CANAVERAL, FLORIDA
CITY OF COCOA, FLORIDA
OR 3844
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