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01-22-1976 VC REG-MMINUTES OF REGULAR MEETING OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA HELD THURSDAY, JANUARY 22,-1976 1 `] Present: M. C. Love, Jr.; Mayor Ronald L. Heraty, Vice Mayor William A. Greeley, Councilman V. A. Marks, Councilman Mervin H. McIntyre, Councilman Herbert L. Gildan, Village Attorney Paul 'J. Nicoletti, Village Manager Dolores R. Walker, Village Clerk Mayor Love called the Regular Meeting to order at 8:02 p.m. All members of the Council were present. Councilman Greeley gave the invocation and Councilman McIntyre led the Council and the public in the Pledge of Allegiance to the Flag. On motion of Councilman McIntyre,- seconded by Councilman Greeley, all present voting aye, the minutes of Regular Meeting held Thursday, January 8, 1976 were approved as written. Mayor Love read and signed the proclamation on National Crime Prevention Week - February 8 through February 14, 1976. Councilman Marks moved that the Council endorse the proclamation on National Crime Prevention Week which was read and signed. The motion was seconded by Vice Mayor Heraty and all present voted aye. Mayor Love, on behalf of the Village, presented awards to winners of the Christmas Decoration Contest who were present to receive them. The checks will be mailed to those winners who were not in attendance. On motion of Councilman McIntyre, seconded by Councilman Greeley, all present voting aye, that we put on the agenda at this time discussion of the diving platform improvements at the North Palm Beach Country Club pool. Councilman Greeley moved that we authorize the Village- Manager to go out for bid for the country club improvements in preparation for the diving meet. The motion was seconded by Councilman McIntyre and all present voted aye. On motion of Councilman McIntyre, seconded by Councilman Greeley, all present voting aye, the following minutes were accepted by the. Council: ROLL CALL INVOCATION & PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES PROCLAMATION - NATIONAL CRIME PREVENTION WEEK COUNCIL ENDORSES ABOVE PROCLAMATION PRESENTATION OF AWARDS TO WINNERS OF CHRISTMAS DEC- ORATION CONTEST DIVING PLATFORM IMPROVEMENTS AT NPBCC POOL MGR. AUTHORIZ- ED TO GO OUT FOR BID FOR CC IMPROVEMENTS FOR DIVING MEET ACCEPTANCE OF MINUTES Minutes of Regular Meeting of Community Appearance Board held January 14, 1976 Minutes of Regular Meeting Held Thursday, January 22, 1976 Page 2 Minutes of North Palm Beach Library Board Meeting held January 15, 1976 Councilman-Marks moved that we place Item 6 (d) of the workshop agenda on the regular session agenda at this time. The motion was seconded by Councilman McIntyre and all present voted aye. On motion of Councilman Marks, seconded by Councilman Greeley, all present voting aye, Bill No. 239 entitled: AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING SECTION 45-36(fC) OF THE VILLAGE OF NORTH PALM BEACH CODE, IT BEING THE ZONING CODE, BY PERMITTING A CARNIVAL, FAIR, OR_CIRCUS TO BE CARRIED ON BY A NON-PROFIT ORGANIZATION AT THE PREMISES WHERE THE ORGANIZATION IS LOCATED WITHIN THE VILLAGE OF NORTH PALM BEACH FOR A PERIOD OF TIME NOT TO EXCEED THREE DAYS, AND SETTING FORTH OTHER RESTRICTIONS THEREON was placed on first reading and read by title alone. This bill was placed on first reading as Bill No. 239 but should be correctly numbered as Bill. No. 238. On motion of Councilman Greeley, seconded by Council- man Marks, all present voting aye, proposed Resolution No. 8-76 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, SETTING FORTH THOSE PERSONS WHO SHALL SIGN AND COUNTERSIGN CHECKS ON ALL DEPOSITORIES OF FUNDS OF THE VILLAGE OF NORTH PALM BEACH was read in full and adopted as read as Resolution No. 8-76. Councilman McIntyre moved that we authorize the Mayor to execute that certain employment agreement between the Village and Peter Finlayson. The motion was seconded by Vice Mayor Heraty and all present voted aye. Councilman Greeley moved that we consider the WGA~s need to extend their hours on Ladies Day until noon. The motion was seconded by Vice Mayor Heraty and all present voted aye. Councilman Marks read letter from Billie C. Lange dated ' January 17, 1976 concerning her desire to be appointed to the Village Beautification Committee and asked that this be made a part of the record of the minutes of this meeting. ITEM 6 (d) OF WORKSHOP AGENDA TAKEN UP AT THIS TIME BILL 239 PLACED ON 1ST READING BILL 239 TO -BE CORRECTED TO READ BILL 238 RES. 8-76 ADOPTED EMPLOYMENT AGREEMENT BETWEEN VILLAGE_ & P. FINLIIYSON TO BE EXECUTED BY MAYOR WGArS HOURS EXTENDED TO NOON ON LADIES DiAY hETTER-FROM B. LANGE READ BY COUNCILMAN MARKS 1 !] Minutes of Regular Meeting Held Thursday, January 22, 1976 Page 3 1" Vice Mayor Heraty moved that the Joint Pole Use Agree- JOINT POLE ment between the Village of North Palm Beach and Florida USE AGREEMENT Power & Light Company be placed on the agenda at this PLACED ON time. The motion was seconded by Councilman Greeley AGENDA and all present voted aye. Vice Mayor Heraty moved that we authorize the Mayor to MAYOR AUTHOR- execute this agreement with Florida Power & Light IZED TO EX- Company. The motion was seconded by Councilman-Marks ECUTE THIS and all present voted aye. AGREEMENT There being no further business to come before the ADJOURNMENT Council, on motion of Councilman McIntyre, seconded by Councilman Marks, all present voting aye, the meeting was adjourned at 9:20 p.m. Minutes recorded by: Dolores R. Walker, Village Clerk w. 6 VILLAGE OF NORTH PALI? BEACH JOINT POLE USL' AG REED'IENT ,~ v ~. t This Agreement, made and entered into this 22nd d~y of January 19'7b, by and between the Village of North Pa.im Beach, hereinafter called the Village, and Florida Power & Light Company, a corporation organized and existing under the laws of Florida, with its principal place of business in the City of Miami, County of Dade, State of Florida,hereinafter called the Company. WITNESSETH Whereas, the Village is constructing signalized poles aL U.S_ Highway No. 1 and Old Port Cove, which shall call for the attachment pf the Company's equipment on the Village's poles. AND WHEREAS, the Company occupies public ways, streets and private properties with an unspecified number of poles upon which are attached electric trans- mission and distribution lines, street lighting systems, communications, lines, and appurtenances; and the Village also similarly occupies public ways with poles upon which are attached traffic control systems and street lighting systems, AND WHEREAS, the parties hereto desire to cooperate in jointly using each other's poles under one or more of the above conditions when the conditions determining the necessity or desirability of joint use depend upon the requirements to be met by both parties, including considerations of safety and economy, and each party should be the judge of what the character of its circuits should be to meet its requirements and as to whether or not these requirements can be properly met by the joint use of poles, AND WHEREAS, the plans for the said construction, reconstruction or-other changes to be made, as above described, have been reviewed by the Village and the Company, said above described joint use arrangement to hereinafter be designated as "Work". NOW, therefore, in consideration of the mutual undertaking as herein set forth, the parties hereto agree as follows: 1. The Company's use of the poles subject to this.-.Agreement shall be confined to the transmission and distribution of electricity, street lighting and/or communications facilities in pursuit of its business of serving the public; and the Village use of the poles subject to this Agreement shall be confined to that necessary for the operation and support of traffic control systems, street light systems, and luminaires as the case may be. 2. The Village hereby agrees to install, construct and maintain its attachments with its own forces o?' by a contractor paid under a contract let by the Village all in accordance with the National Electrical Safety Code in its present form or as subsequently revised, amended or superseded; to comply at all times with generally accepted safety practices of the electric utility and/or communications industry and therequlations of the Florida Department of Commerce as they exist or as the y, are subsequently revised, amended or superseded; and that utility service connections shall in all cases be performed by tite Company when the Compahy is expected to contd. supply a utility service. It is further understood and agreed by the village that the said installation, construction and maintenance of such attach- ments within six (6) feet of the power utilities primary conductors (which shall herein be define3 as all cor.3ur_tors with voltage potentials exceeding 750v) shall be performed only with prior consent of the Company when pole ownership lies with the Village. GOhen the pole ownership lies with the Company, all installations, construction ar;d maintenance of Village attach- ments within six (6) feet of primary ccnductors shall be subject to the approval of the Company within its sole and absolute discretion and shall conform with any other joint use agreement now in effect between the Company and other joint users. - 3. The Village further agrees to require its contractor to Furnish Protective Liability Insurance for the arotection of the Company from all claims, actions, damages and expenses of litigation resulting from actions or omissions of the Village's ccr.tractor in the performance of work under this Agreement and providing for a limi*_ o` not less than $1,000,000 for all damages arising out of bodily injuries to or death cf one person, and subject to that limit for each person, a total limit of $3,000,000 for all damages arising out of bodily injuries to or death of two or more persons in env one occurrence; and regular Protective Property Damace Liability Insurance providing for a limit of not less than $300,000for all damages arising out of injury to or destruction of property in any one occurrence and, subject to that limit per occurrence, a total (or aggregate) limit of $300,000 for all damages arising out of injury to or destruction of property during the policy period, which period shall not be terminated, altered or reduced until thirty (30) days after the attachments have been accepted from its contractor by the Village. ~.. 4. Attached hereto, and by reference made a part hereof, are plans and specifications of the "Work" to be performed by and at the sole cost of the Village according to the terms hereof. A-~y "S9ork" to be performed by the Company pursuant hereto shall likewise be performed according to these plans and specifications and at the sole cost of the Company. 5. It is understood and agreed that either party hereto may at any time and whether with or without cause terminate joint usage for any pole or poles by mailing to the other a written notice of its intent to do so. The party desiring termination may then remcve its attachments and facilities from said joint use pole or poles define3 ir. the notice of termination. The title to an3 maintenance responsibility for said pole or poles and accessory attach- ments such as guy wires, anchors and pole foundations shall revert to the party retaining use of said pole or poles- 6. The Company covenants to indemnify, defend, save harmless and exonerate the Village of and from all liability, claims and demands arising out of the wort: undertaken by the Company pursuant to this agreement, due to the negligent actions, delays or omissions done or com:.itted by the Cor„„pony its subcontractors, employees, agents or representatives. cont'd_ r- IN WITNESS WHEREOF, the parties hereto have caused these presents to be. executed by their duly authorized officers, and their official seals hereto. affixed, the day and year first above written. WST~NESSES: ~ 1 / ~ .'jp~ ,,~. (~~ ~~~,, .~~ ---. ~~ ~ i.~ y~.`~7 ~~ ~~.~-y_. _ -__--- WITNESS VILLAGE OF NORTH?ALh1 BEACH :flAYOR~"~ / ~/~r " y~ ATTEST: ~~~e"`LV _ /~" `"" VILLAGE CLERK (COC^PAN ) FLORIDA POWER & LIGfIT CO. / ~~. ~ '-~ i i BY . T~ j/s ~. AGER WITN