Res 18-68 RESOLUTION NO. 18-68.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AUTHORIZING THE EX-
ECUTION OF AN APPLICATION AND INDEMNIFICATION
AGREEMENT FOR INSTALLATION OF A GRAVITY SANI-
TARY SEWER PIPELINE ACROSS AND UNDER THE RIGHT-
OF-WAY OF STATE ROAD NO. 9, SECTION 93220,
1230 FEET SOUTH OF STATE ROAD NO. 806, DELRAY
BEACH, FLORIDA.
BE IT RESOLVED, by the City Council of the City of
· Delray Beach, a municipal corporation of the State of Florida, as
fo llows ~
1. That the City of Delray Beach, a municipal corpora-
tion of the Sate of Florida, does hereby authorize execution of an
application and Indemnity Agreement with the State Road Department,
State of Florida, for permit to install and maintain a Gravity
Sanitary Sewer Pipeline across and under that portion of State Road
No. 9, Section No. 93220, at Southwest Second Street, being a point
1,230 feet south of State Road No. 806.
2. It being further understood that the installation and
maintenance of said Gravity Sanitary Sewer Pipeline shall be in ac-
cordance with conditions as set forth in State Road Department's
Form 121 - Rev. 4-64, providing for such application as prepared by
the Licensor, and which is attached hereto and made a part hereof.
3. That the Mayor, with the attestation of the City Clerk,
be and they are authorized and directed to execute such application
and Indemnification Agreement for and on behalf of the said City of
Delray Beach.
4. That this Resolution shall take effect immediately
upon its passage.
PASSED AND ADOPTED this 13th day of May, 1968.
i~/ MAYOR
APPLICATION
under the laws of the State of Florida, and having its principal place of business at..D....E..L.....R~....Y....B...E.A...C...H..
in said State, hereby makes application to the State Road Department of the State of Florida, for a
permit to construct and maintain a ..... ..G.~..R~`...V...I~.~.S...A...N..~..T...A.~R..Y.~..S.~E..W....E.~R....L...I~..N.~E. .................................................
1.230 feet south of
...................................................... on that portion of State Road No ........ ~ ......... between ....................................
state road 806
ann ......................................... in .....?..A...L...M.....B...E..A....C...H.. .................. County, Florida, and submits herewith plans
and blue prints which are attached hereto and made a part hereof which set out the proposed construc-
tion and maintenance.
In the event that said permit shall be granted, thc applicant agrees to accept the terms thereof within
twenty (20) days from the granting of said permit, and to commence actual construction in good faith
within sixty (60) days from the date of said permit, and construction to be completed in ..... 30 ....... days.
Applicant agrees that in the consideration of this application sneh information as may be required by the
State Road Department will be promptly furnished.
Applicant declares that, prior to the filing of this application, clue notice was given to all pole and
wire users on said section of State Road No ........ 9 ....... and attaches hereto cop~es of its letters addressed
to said users, notifying them that this application would on the ...... .}], ........ day of .~[..A~.~..~ ......... 19..~.~..,
be duly presented to the State Road Department.
This application and indemnification
agreement is authorized by resolution
dated 13th day of May, 1968 recorded ......................... v:"';?'~] ...........................................................
.-,~ ~ ,~: f" . .
Attes~ ~~ -. By .... ;(~...~.'.:5.,:Z~,.~,d;:k.:~::':~.-...~¢,:~.-..[~.~ MAYOR President. ....................
GI~ CLERK ~'''~ecretary'
Received .......................................................... , 19 ............
ORDER GRANTING PERMIT
In the Matter of:
The Application of ................. ..C...I.~....Q.F.....D...E...L....~....Y.....B....F~....C....~..~....F..L...~....R..I..D...A. .........
for a permit to construct, operate, and maintain a facility, with the necessary
appurtenances, along a portion of State Road No ................
......... P..A...L...M....~..E..A...~..I~ ......................................... County, Florida.
The application of ....... ..C...I..T~.......~..~....D...E...L....R~.".Y.....B..E...A..C...H...~.....F...L...~...R..I...D...A.. ...............................................................
for a permit to construct, operate and maintain a facility, with the necessary appurtenances, upon a
1,230 feet south of state road no. 806
portion of State Road No ..... .9. .......... between .................................................. and .................................................
in ......... .P..A.~.M.....~.E...A...C....H.. ......... County, Florida, having come on regularly for hearing on the ................ day
of ..................................................... 19 ............. before the State Road Department, under the provisions of
resolutions adopted by the State Road Department at its meetings of January 16th, 1925, April 2nd, 1926,
March 18th, 1938, July 28th, 1949 and August 26th, 1949, and it appearing that all requirements have
been complied with in making application by the holder, it is,
CITY OF
ORDERED that a permit be, and the same hereby is, given and granted to ............................................
..................... ..D..~..L....RA..X.J~.A..Q~...~.LQBID..~ ............................... herein referred to as the "holder," to erect,
construct, operate, and maintain .................. ..G..~.~....V..I...T~......S...A...N...I.T...A...R.~...~..E....'~..~.~I~.~ .......................................
..' ................................................................... herein referred to as the "facility" together with the necessary
accross 1,230 feet south
appurtenances, on the following described portion of State Road No ....... ~ ........ between ..............................
of state road no. 806
and .................................... in ......... r2-~3.Vl..D~t~A-~ ............. County, Florida, t~rminabl~ and subject to the
following special terms and conditions:
(1) It is expressly stipulated that this permit is a license for permissive use only and that the
placing of facilities upon public property pursuant to this permit shall not operate to create or to vest
any property right in said holder.
(2) (State here any additional special terms or conditions):
It is understood that the proposed utility installation will be crossed by a
time as a conflict develops between the subject utility and the interstate
Engineer, remove, readjust or relocate all facilities and appurtenances which
....... .......
....... ~vDrk.~L.tlxe..~o/~..exp en.s~.~)L.tke..pe~r~ni, tt ~e., ......................................................................................
2
This permit is granted subiect to the following general terms and conditions:
1. Said facility shall be erected, constructed, installed and/or operated and maintained on said high-
way by holder only as herein provided and as shown on said plans and maps ~r blue prints attached
hereto as a part hereof.
2. Only one line of poles, wires, pipes, or cables shall be erected, constructed, installed and/or main-
rained, and tile same shall be at least see. dw~I$, feet from the center line of said highxvay, unless otlwr-
wise shown on said plans and maps or blue prints.
3. All poles, wires, pipes, cables or other facilities and appurtenances attthorized hereunder, shall
be erected and maintained at all times so as not to interfere with the nsc of said highway for travel.
Ail wires along or across the roadway shall be erected and maintained with a minimum vertical clearance
at least as great as that prescribed by the Safety Rules for the Installation and Maintenance of Electric
Supply and Commnnication Lines, National Bureau of Standards Handbook 81, U. S. Department of Com-
merce, which were approved by the American Standards Association on June 8, 1960, and adopted by tile
State Road Department on January 17, 1963, Guy wires or any other wires shall not cross roadway except
where necessary.
4. It is expressly agreed by and between the parties hereto that this permit is for the construction,
operation anti maintenance of a distribution line. This line shall consist of not more than one 4-wire l)ri-
mary dish'ibution circuit and one 3-wire secondary. Where street lights arc snpportcd by the pol('s,
necessary circuit may also be attached to thc poles. It is further agreed that the responsibility for strict
compliance with this condition shall rest entirely upon tile holder and upon any violation thereof this
permit shall, at the option of the State Boad Department, be revoked, and, upon notice of said revocation,
become null and void, and of no further effect. Upon such revocation the holder shall promptly remove
all poles, xvircs, cables, and other installations from the right of way.
5. In constructing, operating, maintaining, and repairing said facility and the appurtenances thcrcto
the holder shall conform to any requirements madc bv tile State Highway Engineer, or any State depart-
ment officer authorized to supervise and regulate such work and utility for thc protection and safety of
the public; and such construction and maintenance shall at all times conform to the requirements and
standards as fixed and adopted by tile United States Bureau of Standards. All electric facilities shall be
constrnctcd and maintained so as to cause the least possible interference with radio reception.
Snbject to same terms and conditions, holder may take such safety measures, including placing and
display of caution signs, as it may deem necessary in conduct of construction anti maintenance work
hereunder.
6. The work of constructing, removing and relocating any and all poles, wires, pipes, cables or
other facilities and appurtenances authorized hereunder, shall be done at the expense of thc holder, and
without interference with traffic upon or along said highway, and to the entire satisfaction and under thc
supervision o£ the State Highway Engineer; and none of such work shall be undertaken or carried on
without ten days' written notice having been first given to the State Highway Engineer.
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7. Any and all damage or injury, done or caused said highway or any portion thereof in the construc-
tion, operation, maintenance or repair of said facility shall be immediately repaired and reconstructed
under the supervision and to the satisfaction of the State Highway Engineer; and in the event the
holder shall fail, neglect, or refuse to repair and reconstruct said damage or injury to said highway
immediately, the same may be done by the State and the expense and cost thereof shall immediately be
repaid by the holder to the State.
8. No trees or shrubbery on or directly adjacent to the right of way covered by this permit shall
be cut or trimmed by holder, without first securing the permission of the State Road Department, and
such permission when secured shall be exercised under the supervision of the State Road Department.
The holder shall clear the right of way of all debris resulting from the exercise of this permit.
9. (a) This permit is not exclusive and the State reserves the right to grant permits to other
persons or companies to use the highway or any part thereof covered by this permit for the same
purpose as herein authorized or for any other purpose authorized by law.
(b) If the highway or any portion thereof, upon which this permit operates, is occupied and used
by the same kind and character of utility, or a similar utility or facility, under a permit heretofore
granted by thc State, which prior permit contains a common user clause, this permit shall be deemed
to grant and authorize only the use of said highway or portion thereof, in conjunction with the holder
of said prior permit and under the terms of said common user clause.
(c) Whenever there shall hereafter be granted a permit to use and occupy with the same or a simi-
lar utility all or any portion of the highway herein authorized to be used, and occupied, the holder of
this permit shall permit the joint use and occupation of its poles and structures placed upon said high-
way, or portion thereof, under this permit by the holder of guch subsequent permit, upon such terms
and regulations, rentals or compensation as shall be just and equitable. If the holders of said permits
are unable to agree upon the terms and regulations, rentals or compensation for such common user, the
same shall be submitted to three arbitrators for decision, one of said arbitrators to be named by each of
the holders of the permit, and the third arbitrator to be selected by the other two; and the decision of
said arbitrators shall be binding and conclusive on the holders of the permit.
(d) Telephone and telegraph utilities shall be deemed similar utilities within the meaning of that
term as used in this paragraph.
10. Whenever necessary for the construction, repair, improvement, alteration or relocation of all, or
any portion of said highway as determined by the State Highway Engineer, any or all of said poles,
wires, pipes, cables or other facilities and appurtenances authorized hereunder, shall be immediately
removed from said highway, or reset or relocated thereon as required by the State Highway Engineer,
and at the expense of the holder.
11. Upon the failure, neglect or refusal of the holder to immediately do and perform any change,
removal, resetting or relocating of any poles, pipes, wires, cables or other facilities, or any repairs or
reconstruction of said highway herein required of the holder, the State may undertake and perform
such requirement and the cost and expense thereof shall be immediately repaid to the State by the holder.
12. Any breach of any of the conditions and requirements herein made, or failure on the part of
the holder of this permit to proceed with due diligence and in good faith, after its acceptance, with
construction work hereunder, shall subject this permit to cancellation after a hearing before the
Chairman of the State Road Department, of which said hearing the holder shall be given at least ten
days' written notice, if at that time the holder is a resident and doing business in the State of Florida,
otherwise by publishing a notice of said hearing once a week for two consecutive weeks in a newspaper
of general circulation in ..P...A...L..M......B..E...~...~....H... County, Florida, the last publication to be at least ten days
before the date fixed for said hearing.
13. It is understood and agreed that the rights and privileges herein set out are granted only to the
extent of the State's right, title and interest in the land to be entered upon and used by the holder,
and the holder will, at all times, assume all risk of and indemnify and save harmless the State of Florida
and the Department from and against any and all loss, damage, cost or expense arising in any manner
on account of the exercise or attempted exercise by said holder of the aforesaid rights and privileges.
14. The holder shall save and keep the State of Florida harmless from any and all damages, claims,
or injuries that may occur by reason of the construction, maintenance, and operation of said facility.
15. The holder shall, within twenty (20) days from receipt of a copy of this order, file with the State
Road Department at Tallahassee, its written acceptance of the terms and conditions of this permit.
16. This permit shall be null and void unless actual construction under the terms and provisions
hereof shall be commenced in good faith within sixty (60) days from the date hereof.
17. The State reserves the right to alter or amend the permit hereby granted, in any particular,
through its State Legislature by general law.
18. This permit is granted under the provisions and subject to the conditions and requirements of
said resolutions adopted by the State Road Department at its meetings of January 16th, 1925, April
2nd, 1926, March 18th, 1938, July 28th, 1949, and August 26th, 1949,
Dated at Tallahassee, Florida, this ..................... day of ................................................................ , 19 ...........
THE STATE ROAD DEPARTMENT OF FLORIDA
By: ....................................... : ................................................
Chairman (or Secretary) of
State Road Department.
5
ACCEPTANCE
TO TIlE STATE ROAD DEPARTMENT
OF THE STATE OF FLORIDA:
............ .C.L.Ty.. O..F....D..~..L....~...Y....B...E...A...C...H..,....F...L..0...R..I...D..A. ........................................................................................ hereby
accepts the terms and conditions of the foregoing permit to erect, construct, operate and maintain
...... GR~.V. ITY..SA/~IITARY..SEIN. ER.LINE ...................................... with the necessary appurtenances, on the
1,230 feet south of state road no.
foll6wing described portion of State Road No .......... ~. ....... between ....................................................................
aSn0d6 .................................................................... in ..P...A...L....M.....B..E...A...C....H.. ........................................... County, Florida:
said permit having been passed and approved by the State Road Department, at Tallahassee, Florida,
on .................................... day of ....................................................... 19 .............
IN WITNESS WHEREOF, said .......... ..C..I....T~......O...F.....D..E...L....R~...y....B..~..C..H.. ............................................................
Mayor
has caused this acceptance to be signed by its. President and its corporate seal to be hereunto affixed,
attested by it~crCetk~, this ............................ day of ........................................................ , 19 .............
Attest: MAYOR President.
CITY CLERK Secretary.
Place corporate seal
(NOTE:--In order to expedite the granting and acceptance of the Permit, it is Suggested that the acceptance
above be executed at the same time the application is executed.)