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HomeMy WebLinkAboutCode Master Project 1978: Chapter 417: Water ServiceCHAP 417 Sec. 417.01 WATER FRANCHISE GRANTED. The City of Cape Canaveral does hereby grant to the City of Cocoa, a municipal corporation organized and existing under the laws of the State of Florida, the right, privilege and franchise to operate a water plant and water distribution system in the City of Cape Canaveral, and to furnish these to the same, and through said plant to furnish water to the City of Cape Canaveral and the inhabitants of the City of Cape Canaveral. [Ord. No. 38-64, §1, 21 Sept. 1964] Sec. 417.02 EASEMENT GRANTED. The City of Cape Canaveral, as now existing or which may hereafter become incorporated in the limits of the City of Cape Canaveral, Florida whether as a result of position, ordinance or resolution or by legislative sets, does further grant to the City of Cocoa a right of way and easement for the water pipes now laid under the streets, avenues, 48 alleys, parks and other public places in the City of Cape Canaveral and such additional pipes as may hereafter be laid under any streets, avenues, alleys, parks and other public places in the City of Cape Canaveral for the purpose of conveying water from the present plant and water works system now owned and maintained by the City of Cocoa to water consumers within the City of Cape Canaveral through the pipes now laid or hereafter to be laid; said easement to continue so long as the privilege and franchise herein granted shall continue. [Ord. No. 38-64, §2, 21 Sept. 1964] Sec. 417.03 CONDITIONS INCLUDED. This grant of said franchise, privilege, right of way and easement is made upon the following terms and conditions, and subject to the following limitations, all of which are agreed to by the City of Cape Canaveral by the passage of Ordinance No. 38-64 and the City of Cocoa by acceptance and use of the said franchise. [Ord. No. 38-64, §3, 21 Sept. 1964] Sec. 417.04 FRANCHISE TERM. The term of this grant shall be for thirty (30) years from September 21, 1964. [Ord. No. 38-64, §4, 21 Sept. 1964] Sec. 417.05 SYSTEM SUBJECT TO PURCHASE BY CITY. The grant is made expressly subject to the provisions of Section 157.22 of the Florida Statutes, including the right to purchase the system in Cape Canaveral, Florida, as provided in said section; however, the City of Cape Canaveral, Florida, shall not have the right to purchase the main transmission line by which water is 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. [ord. No. 38-64, §5, 21 Sept. 1964] Sec. 417.06 EXCLUSIVE FRANCHISE. The City of Cocoa shall have the exclusive franchise to fur- nish water to the inhabitants of the City of Cape Canaveral, within the geographics territory of said City as now existing or as hereafter enlarged by legislative set or otherwise. [Ord. No. 38-64, §6, 21 Sept. 1964] Sec. 417.07 REGULATIONS REGARDING CITY STREETS. The City of Cape Canaveral, Florida does grant to the City of Cocoa, Florida 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 of Cape Canaveral, Florida for the said purpose, subject to the conditions herein imposed. The City of Cocoa, Florida in exercising the privilges herein granted, shall lay the said pipes under the said streets, avenues, alleys, -2- lanes and other public places in the City of Cape Canaveral, Florida in such manner as may not unreasonably interfere with the use of said streets for the purpose of travel by pedestrians and vehicles, and in such manner as may not unreasonably interfere with the establishment of any storm sewers or drainage systems or any sanitary sewer system than in existence. The City of Cocoa, Florida shall relocate, change or reconstruct such water distri- bution system facilities and the cost of such relocation, change or recon- 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 conviniences 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 upon such places for the repair and maintenance thereof. Prior to the construction of said system, or any extension or addition, the City of Cocoa, Florida shall submit to the City of Cape Canaveral, Florida the plan for the construction of the same, together with the location of said system or such extensions of such water distribution system, and such construction shall not proceed until such plans have been approved by the City of Cape Canaveral, Florida. The City of Cape Canaveral, Florida shall not unreasonably with- hold the 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 shall not be detrimental to the health, safety or convenience of the inhabitants of said City of the general public. [Ord. No. 38-64, §7, 21 Sept. 1964] Sec. 418.08 CONDEMNATION PROCEEDINGS. If the City of Cocoa shall deem it advisable to obtain private property in the City of Cape Canaveral for the purpose of erecting a tank or tanks, buildings or other structures, or to scquire land or right of way for water pipes across private property, and the City of Cocoa shall be unable to secure the same at fair prices by negotiation, and shall desire to condemn the same under the right of eminent domain, and it shall be -3- 20 determined by opinion of counsel or a judgement of Court 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 purpose of acquiring such land, with the express proviso that all expense of acquiring such 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- able requirements made by the City of Cape Canaveral for the purpose of ensuring the City of Cape Canaveral the payment by the City of Cocoa of the awards for the taking of property and expenses in said condemnation suit, including the fees of the attorneys for the City of Cape Canaveral. [Ord. No. 38-64, §8, 21 Sept. 1964] Sec. 413.09 REGULATION OF RATES. The charges for water furnished to the City of Cape Canaveral, and to consumers of water in the City of Cape Canaveral, shall at all times be resaonable and just, after taking into consideration the cost of operation of the City of Cocoa's water plant and distribution system, the maintenance and repair of the same, reserves for the depreciation of the plant and distri- bution system, other reserves and payments required by the City's Bound Reso- lutions, reserves to provide for future extensions, and a reasonable return to the capital invested. [Ord. No. 38-64, §9, 21 Sept. 1964] The City of Cocoa shall be authorized to charge the consumers of water in the City of Cape Canaveral a rate equal to that rate as now charged or as hereafter from time ro time will be charged to consumers located outside the corporate limits of the City of Cocoa, Rockledge, Cocoa Beach, Florida and any government installation. During the life of this franchise if increase in demand makes it desirable or necessary to add additional water facilities for the benefit of the City of Cape Canaveral, Florida which by their expense to the City of Cocoa would create a decrease in anticipated net surplus; then a new rule schedule to be charged the consumer in the City of Cape Canaveral shall be negotiated before such facility is constructed and to be effective after the facility is installed and in operation. The charge for connection shal be that as made by the City of Cocoa Water Department which rate shall be uniformly applied to all water consumers in the same zone being served by the City of Cocoa Water Department. -4- 21 Sec. 417.10 SYSTEM LIMITATIONS The City of Cocoa shall not assume the duty of supplying 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 laid by it in the City of Cape Canaveral, or unless the returns shall be commensurate with the investment, and it shall not be required to extend the said water pipes to any territory or to any consumer that cannot be supplied with the system constructed by the City of Cocoa for the purpose of conveying water into the City of Cape Canaveral. [Ord. No. 38-64, §10, 21 Sept. 1964] Sec. 417.11 FRANCHISE AUTHORIZED TO PROMULGATE REGULATIONS. The City of Cocoa shall be authorized and empowered to make reasonable rules and regulations governing the use of the said water, time of and manner of payment for water furnished, including connection and cut-off charges, and cash deposits insuring payment of charges; provided the said regulations shall be uniform with regulations applying to consumers within the City of Cocoa; and the City shall have the right to discontinue furnishing water to any consumer who shall not comply with such rules and regulations. [Ord. No. 38-64, §11, 21 Sept. 1964] Sec. 417.12 EXCEPTION FROM TAXATION. The right, privilege, franchise and easement herein granted, and 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 be laid, consrued 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, license, specific or otherwise, by the City of Cape Canaveral. During the term of this franchise and agreement it is understood and agreed that if the City of Cape Canaveral shall levy any utility tax upon the water service or sales to the consumer, whereby it requires the City of Cocoa to incur additional administrative expenses; the, any specific statute or statutes nonwithstanding, the City of Cocoa may charge such amount of additional administrative expenses as in the opinion of the City of Cocoa is just and proper against the individual consumer and siad consumer's water charges will be increased to reflect this utility tax and administrative expenses for collection. [Ord. No. 38-64, §12, 21 Sept. 1964] Sec. 417.13 FIRE HYDRANTS. The City of Cape Canaveral shall designate the location of fire hydrants on the existing mains, or those hereafter -5- laid, and the City of Cocoa shall install the same, and the City of Cape Canaveral shall pay the same rental as paid by the City of Cocoa for rental of hydrants. [Ord. No. 38-64, §13, 21 Sept. 1964] Sec. 417.14 LIABILITY - BURSTING OF LINES. In the 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- tection of said waterworks system, or to meet the exigencies of the case. And it is expressly covenanted, understood and agreed that the said City of Cocoa shall in no wise by held liable or accountable to the City of Cape Canaveral for any such bursting, breakage or accident of any kind that may occur to said water works system or water mains, hydrants, valves or other connections or for any water taken from the City of Cape Canaveral in con- nection with the furnishing of said water as herein provided by the City of Cocoa, and the said City of Cape Canaveral hereby covenants and agrees to save, and keep harmless said City of Cocoa from any and all loss, dmage or expense that it may in any wise incur or suffer by reason of the execution or performance of this section. [Ord. No. 38-64, §14, 21 Sept. 1964] Sec. 417.15 LIABILITY - FAILURE TO SUPPLY. It is manually covenanted and agreed that the said City of Cocoa shall not be held accountable or liable, nor shall it be held or considered as a breach of this contract for failure on its part to supply water to said City of Cape Canaveral growing out of any breakable, unavoidable accident to injury of any kind occuring to the waterworks system, filtration plant, water mains or any part thereof, or on account of any suit proceeding, judgement or decree in any Court of record, restraining or interfering with the City of Cocoa in carrying out this contract on its part, nor shall it be held liable or accountable under this agreement for any failure to supply water growing out of any lack of fuel or power to operate its sytem occa- sioned by any accient, act of God beyond its control, the act of the elements, strikes, riots or public enemy, but the City of Cocoa expressly convenants and agrees to use due diligence and care to perform its contract upon its part and use all due diligence to repair or replace any and all breakages. [Ord. No. 38-64, §15, 21 Sept. 1964] -6- 23 Codified June 83 History File Chapter 417 ORDINANCE NO. 6-83 AN ORDINANCE AMENDING CITY CODE CHAPTER 417 ENTITLED WATER SERVICE, BY THE ADDITION OF SECTION 417.25, "MINIMUM WATER MAIN SIZE"; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Cape Canaveral, Florida, as follows : SECTION 1. Chapter 417 , entitled Water Service, of the City Code of the City of Cape Canaveral, Florida, is hereby amended by the addition of the following section: Section 417 .25 Minimum Water Main Size. The minimum water main size to be installed within the City Limits of the City of Cape Canaveral shall be a six inch (6" ) water main. Wherever practical, an eight inch (8") water main shall be installed to insure adequate future water supply. All new water mains shall be first reviewed by the Building Official and Fire Marshal to insure that an eight inch (8") *line is installed if practical, and if not, the minimum six inch (6") line is installed. *or larger SECTION 2 . All portions of the Code in conflict herewith are hereby repealed. SECTION 3 . This Ordinance shall become effective immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 5th day of April , 1983 . [signature] Mayor Attest: [signature & seal] City Clerk Approved as to Form: [signature] City Attorney *Amended on Second Reading First Reading: March 15, 1983 Posted: March 16, 1983 Advertised: March 21, 1983 Second Reading: April 5, 1983 NAME YES NO CALVERT [didn't vote] HARRIS YES NICHOLAS YES RUTHERFORD YES WINCHESTER YES