1968-358 Condemnation Suit Against NPB Utilities, Inc.RESOLUTION N0. 358-68
A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH,
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FLORIDA, FINDING AND DETERMINING THE NECESSITY FOR THF, TAKING BY
CONDEMNATION FOR THE USE AND BENEFIT OF THE VILLAGE OF NORT}[ PALM BEACH
THE WATERWORKS AND DISTRIBUTION SYSTEM AND THE SEWAGE COLLECTION AND
DISPOSAL SYST}3~7 WIT}[IN AND WITHOUT THE VILLAGE OF NORTH PALM BEACH,
NOW OWNED AND OPERATED BY NORTH PALM BEACH UTILITIES, INC.
W}[EREAS, the furnishing of water service and sewage collection
and disposal facilities, to the residents of the Village of North
Palm Beach, is determined to be a necessary and essential municipal
function, and
WHEREAS, the Village of North Palm Beach desires to insure
that such water and sewage services may be furnished to the citizens
of North Palm Beach in an efficient manner at a minimtun cost to the
citizens, and
WHF,REAS, certain additions to the present existing privately
operated water and sewage facilities are desired in order that vile
and noxious odors emanating from the sewer plant may be diminished
or eliminated, and
}WHEREAS, it is deemed to the best interests of the Village
and the residents thereof to acquire by condemnation and to operate
the said water and sewer facilities now owned and operated by North
Palm Beach Utilities, Inc. within and without the limits of the
Vil]age of North Palm Beach, and
WHEREAS, the owners of North Palm Beach Utilities, Inc. are
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engaged in extensive litigation with the owner of an option on the
water and sewer plant, Mr. John D. MacArthur, which has brought the
operation of the plant to a comparative standstill and has left great
uncertainty concerning the future ownership and operation of the plant;
BF. IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BF.AC}[,
1'LORIDA:
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Section 1. That the Village will proceed to acquire by
conderruiation all of the water production and distribution facilities,
including mains, pipes and other appliances and appurtenances necessary
to the sale and distribution of water in, under and along the streets,
' alleys and other public places of the Village and outside the mwiicipal
limits of the Village now owned and operated by North Palm Reach
Utilities, Inc. and that the said Village shall likewise proceed to
acquire, by condemnation, and operate the sanitary sewer, collection
and disposal system, including all plants, lift stations, pumping
stations, sanitary mains, pipes, appliances and appurtenances necessary
to the collection and disposal of non-industrial sewage under and along
the streets and alleys and other public ways of the Village and
outside the municipal limits of the Village now owned and being operated
by North Palm Reach Utilities, Inc.
Section 2. That Nason, Gildan & Yaeger, Attorneys for the
Village of North Palm Beach, are hereby instructed and directed to
' forthwith prepare and file an action in the Circuit Court of Palm Beach
County, Florida, for the purpose of acquiring by condemnation the said
water plant and distribution system and the said sewage, collection
and disposal system owned and operated by North Palm Beach Utilities,
Inc., under option to Mr. John D. MacArthur, and against such other
parties that may have any interest in the property to be condemned.
PASSED AND ADOPTED THIS 11TH DAY OF JUNE, 1968.
/s/ Thomas F. Lewis
MAYOR
A1'1'F,ST:
' /s/ Dolores R. Walker
Village Clerk