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07-29-12 Special _~ t, Delray, Florida, July 29th., 1912. Special meeting called by order of Pres. McRae to take etion on PJ. P1. Blackeners applications for franchises for a ater works system and an ectr~c light plant, called to order t eight thirty P. M. at th Booster's Club. Roll call with the following present; Pres. McsRae, Ahl,, _- ason, GTackerman and ~uepper. Pres. McRae announced that as the business oP the meeting as of interest to the residents and citizens of Delray, he , ould be glad to hear from any citizen present at the meeting,:: egaxding his views of the applications. Among those present exe Messrs. J. M. Cromer, PJ. E. Bell, C. W. Dodd, w. J. Greece` . A. Bradshaw, J. S. Sundy, John Zill and P. 7.. C.ey. Mr. J..' . Cromer acted as representative of w. hJ. Blackmer,-the appli- ant. The Clerk read in full the application -for a water works anehise, that all might become familiar with the matter. Meeting was declared at eas to allow discussion by the. tizens present. TvSeeting being celled we now ad3ourn until Carried. to order it was moved and supported CVednesday night, July 31st, at 8 P. July 31st. 1912. Adjourned meeting called to order at eight thirty P. M. y Pres. McRae. ,; Ro11 call with the following present; Pres. McRae, Aid. E axon, 94ackerman and ~uepper. j Clerk read application for franchise for water works systemy nd the meeting was declared at ease to allow discussion by he citizens present. Among those present were Messrs. J. M.;,.. rower, S. Burd, IJielvin Burd, ~. E. Bell, Robt. Schulz, PI. J. reen. J. R2. walker, C. w. Dodd, Frank Crego, J. t~. French, . I.. Tenbrook, V. Giordano and C. S. McBee. Meeting called to order and clerk read the water works ranchise by section, each section being corrected and approved s taken up. _; Ald. Cason of the Ordinance Committee reports on the ord- ce granting a water works franchise to 97. PI. Blackmer and. s that it be put on its second reading and final passage, nded by Ald. waokerman and carried. AN ORDINANCP Granting to w. w. Blackmer, his heirs and n+ssigns, the rig?i' !` ~, rivilege and authority to construct, lay, place, operate and intain pipes, hydrants, fire-plugs and other fixtures nec- ssary in, under, along and across the streets, alleys and bli u c ways in the Town of Delray, County of Palm Beach and , tate of Florida, for the purpose of supplying the residents f said Town with pure wate~ under the terms and conditions erein expressed. Be it ordained by the Town Council of the Town of Delray, . ounty of Palm Beach and State of Florida. Article I - That '+9. PJ. Blackmer, his heirs and assigns, hereinafter esignated as the Grantee, be and is hereby granted by the Town.' ` f Delray, Florida, the right, privilege and authority to place, ay, maintain and construct in, under, along and across the trae~s alleys and public ways of the Town of Delray, Florida,;~a ''- 11 pipes, hydrants, fire-plugs and other fixtures necessary r convenient for su 1 in the citizens and residents of said pP y g own, and the general public, pure water for all domestic, usiness, public or other proper purpose, but in the manner and -- pon the following berms and conditions. • Section I. The right, privilege and authority hereby granted to and ested in GZ. ~J. Blackmer, his heirs and assigns, by the Town f Delray, Florida, shall extend and be applicable to all treats, alleys and public ways now open and in use in said Town- f Delray, Florida and to all streets, alleys and public ways i hat may hereafter be opened and dedicated to the public, with- n the present limits of the said Town of Delray, Florida, and ithin such other territory as may hereafter be properly annexed: to the said Town of Delray Florida. , Section II All pipes, hydrants, fire-plugs and other fixtures horeafte aid or placed by virtue of the right, privilege or authority y this ordinance granted and conferred, in, under, along and " gross any street, alley or public way in said Tov~'h of Delray, lorida, shall be so constructed br installed, under the direct` on and subject to the approval of the Town Council of the own oY Delray, Florlda. Section III All pipes and other fixtures to be constructed or used by he said Grantee, shall be so placed and maintained as not to ~ nterfere with the proper and ordinary use of said streets and u blie ways. Section IV The said Grantee shall promptly and properly in a worlonan- ike manner, replace and relay any street, alley or other public' ' ay that may be damaged by him in the exercise of the right, rivilege or authority hereby granted and conferred; and the aid Grantee shall not, in the exercise of the right, privilege r authority granted or conferred by this ordinance, obstract r interfere with more than one half the width o3 any street or ublie way for a longer period than one day; and shall not ermit any ditches or other obstruction, of any kind whatever, o remain in any one block for a longer period than fifteen (15}a ays; but all obstructions of whatever character shall be remov- d and the street or other public way restored to its normal ondition within the said period of fifteen days. __.. 4th. That the said Grantee shall inste.ll, maintain and operate as many hydrants or fire-plugs, at such street corners or points, as may be designated by the Town Council of the Town of Delray, Florida; Provided further, that the said Town of Delray, Florida, shall reimburse the Grantee the actual cost f such hydrants or fire-plugs F. 0. B. Delray, but not - inelning the expense of installing, maintaining and operating the same. Section VIII That the Grantee shall furnish to the Town of Delray, Florida, Gratis, such water as nay be required for generAl Mire protection or for use in municipal buildings, watering troughs and drinking fountains at all times and at ar~p proper " place w~§re water mains have been extended, within the corpor- ~ ate limits of the said Town of Delray, Florida. Section IX That the rates to be charged for water to be furnished the ~,, consumers by the Grantee, under and by virtue of the privilege and authority by this ordinance granted and conferred, shall not exceed the average of the prices charged by towns of a similar size, throughout the Southeastern States, oY' the price charged - shall not exceed the price charged at west Palm Beach, Florida. Section X That the said Grantee shall connect and lsy all pipes and shall furnish water to any inhabitant of the Town of Delray, Florida, who may apply therefor, provided that the said Grantee shall not be required to furnish water to any applicant when the point to which said applicant desired same to be furnished a is not located within one hundred and fifty (150) feet of an existing main of said Grantee, except under the conditions hereinafter named, to-wit;- The said Grantee shall furnish " water to any inhabitant of the Town of Delray, Florida, upon " the payment by the said applicant to the~said Granter, of a sum sufficient to cover the cost of installing the desired service; .provided however, that if three (3) applicnts residing on the same block_desire water and said block is located,,within three hundred and thirty feet (330) feet of an existing main, the said C,rantee shall put in the necessary main to supply said applicants, at his own expense. Section XI The right privilege and authority granted to and vested in the said w. w, Blackmer, hie heirs and assigns, is granted to and nested in the said P1, t~', Blackmer, his heirs and assigns, f~4 ~ for a period of twenty (20) years Prom and after the date upon which this ordinance becomes effective. Section XII Each and every stipulation contained in this ordinance to be complied with by the said Grantee, is a condition precedent and essential to the continued existence of any. right, privil- ege and authority, by this ordinance granted and conferred and , any non-compliance or non-performance by or on-the part of the said Grantee, after reasonable notice in writing of said non- complian~e or non-performance shall have been served by the Town Council-of the Town of Delray, Florida, upon the said Grantee, shall work a forfeiture of allrights, privi~.eges and authority bg this ordinance granted and conferred, Article II ~; That the Town of Delray, Florida, gives and grants the Section V The said Grantee shall keep and hold the Town of Delray, lorida, free and harmless from any and all harm to persons or roperty arising from or growing out of the exercise of the ight,« privilege and authority herein granted and conferred and , he acceptance of the grant, by the said Granteetg shall be con- . trued tp be an agreement by him, his heirs and assigns, to pay o the Town of Delray, Florida, any legally determined sum of oney for damage or injurJ to persons or property, occasioned y the laid Grantee, his heirs or assigns,, agents, servants or_. mployeea, in the exercise of any right, privilege~or authority license ranted by thin ordinance; and in order to insure such indem- < ification, a good and sufficient bond may at any tine be requi- ed of the said Grantee; which said bond shall be in a sun not o exceed Five Thousand 05,000.00) Dollars and ahc?.11 be subject' ~ _ lways to the approval of the Town Council and shall be payable o the Town of Delray, Florida, and shall be kept inimpaired. Section VI ~' All rights granted and conferred by this ordinance are ranted and conferred, and shall be exercised, subject to all easonable and proper ordinances and regulations relating there- o which the said Town of Delray, Florida, may see fit at any ime to enact. Section ViI That the construction of the water works system authorized'' " y this ordinance, shall be commenced within sixty days after ~ his ordinance goes into effect and shall be extended ~nam time ~ o time in accordance with the growth of the town and its regdti- ements as ma b ib d b , y e prescr e y the Council of the Town of ' elray, Florida; Provided lst. That within six months after the ate on which this ordinance goes into effect, there shall be natalled by the said Grantee, and in working order, suitable Ater mains for the supply of pure water to the citizens,. real- enta and general public of said Tovm of Delray, Florida. on he following streets; A six (6) inch main on Atlantic Avenue from Traynor Street o the Canal Right of 41ay. A four (4) inch Hain on Swinton Aaenne from Ingxaham Avenue o Thomas Avenue. A four (4) inch .main on Gilliard Street from Lawrence treat to 1~fi11er Street. } A four inch main on Aitken Street from Lawrence Street o ~Y:er Street. A Your (4) inch .main on Boynton Street from Miller Street to Lawrence Street. A foar .(4) inch main on Dade Street from Lawrence Street o Miller Street. 2nd. 6 water pressure of not less than forty (40} pounds o the square inch sht~ll be maintained by the Grantee on all ester mains at all times. 3rd. That the grantee shall, within six months after the ime this ordinance goes into effect, provide a storage tank of orty thousand (40,000~~gallons capacity, the bottom of which hall be not less than seventy feet from the ground surface and hall be so construeted,,architeetually and mechanically, as o present a creditable and ornamental ap~Zearanee. a R `~i @ ~_,.: 4 ~' fight, privilege and authority herein mentioned, reserving the fight and requiring of the said Grantee, as a condition prec- de~t to the taking effect o£ this grant, 'to give and grant o the Town of Delray, Florida, the right at any time to pnrch- se of the said Grantee, for its own use, the aforesaid water orks system and all other property used under or in connection ith the exercise of the right, privilege and authority by this rdinance granted and conferred; or such part of said property s said Town of Delray, Florida, may desire to purchase, at a alnation of the property, ~°eal and pdrsonal, desired, whioh aluation shall be fixed. by ca.rbitration,, ~~_aceordangQ~`w.~~h,,.,_r.~ '~pter 4859 of tha Acts sxtd Resolutions adopted by the Florida legislature under the Constitution of 1885, r~hieh was approves une 2nd. A. D. 1889. Article III T}aat the said Grantee shall within sixty days after the romulgation of this ordinance, file with the Clerk of the Town hf Delray, Florida, his written acceptance of this ordinance an 111 terms and conditions thereof; and upon the pai.luve to file she acceptance aforesaid, this ordinance shall be null and void end of no effect. Article Iv That this ordinance shall be published once each week for 'our consecutive weeks in the Delray Progress, a newspaper pnbl ~ahed at Delray, Florida, at the expense of the Grantee, his ieirs and assigns, and shall take effect and be in force fr end after the filing of the written acceptance provided for i ` article III of this ordinance. Article V That all ordinances or parts of ordinances inconsistent rich this ordinance be, and the same are, hereby repealed. Passed the 31st. day o£ July A. D. 1912. Attest wm. PJ. Blaclnner, Clerk. Thos. M, McRae President Town Connoil' ,,. Approved the day of August A. D. 1912. r. Motion by Ald. Cason, seconded by Ald. ~Jackerman, that the .sues be passed as read, Carried. Roll Call; Pres. McRae Yea. Ald. Cason ... . P7aekerman ... wnepper ... Carried unan- ly. Mpved'and seconded that we now ad~ouxn until Monday night t 5th. .Carried.