Res 1200-59Resolution No. 1200 was unanimously
revoked by Council on February RESOLUTION NO. 1~)0
$, 1960.
A RESOI%UTION OF THE CITY COUNCIL O~ THE CITY
OF DELRAY BEACH, FLORIDA, RELATING TO EXTENSION
OF WATER SERVICE OUTSIDE CITY LIMIT~,
WHEREAS, The City of Delray Beach has received appli-
cations for extension of its water so,vice to properties and
persons located outside the corporate limits of said City;
and
WHEREAS, the City is authorized to sell and dispose
of water to such persons and properties only from its surplus
supplies as the same may be available from time to time;
WHEREAS, by no~mal g~owth and expansion, it would
appear any water surpluses now existing may likely be exhausted
within the nea~ future by the requirements of inhabitants and
properties now within the corporate limits of said City, as
such properties are developed; however, in order to avoid hemd-
ships, the City is willing to furnish water service outside
its corporate limits to properties which a~pear suitable for
annexation so long as any surplus exists, and amend Resolution
No. 1180 enacted May 11, 1959, as follows:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF DELRAY BEACH, FLORIDA:
Section le That no new applications for water service
to persons or properties located outside the City boundsmies
of Delray Beach, Florida shall be accepted except (1) there
is sumplus water available at the time and place of any appli-
cation, (2) the property for which application is ma~e is then
located on a water main from which it can be serviced, and
(3) it appeams such property is suitable for annexation and
that it would likely be possible to annex such property within
a reasonable time after such application. It is the intent
and purpose of this section to · stablish as the policy of the
City of Delray Beach to provide amd assure water service for
the inhabitants and citizens of the City of Delray Beach, and
that applicants should be so situated that they may similamly
become citizense
Section 2. That p~ovided the applicant meets the
foregoing qualifications, and so long as such surplus may
continue, the City Water Department is hereby authorized to
receive applications for extension of water service outside
the city limits of Delray Beach, and to enter into agreements
with such applicants to furnish water service, upon the
following terms and conditions:
(a) Such application shall be accompanied by an enforce-
able Petition to 1~he City of Delray Beach, requesting the City
to annex such property within its corporate limits at the dis-
cretion of the City Council. Such petition shall be in fo~m
approved by the City AttoPney, with proof of ownePshlp, and
acknowledged so the same may be recorded in the public ~ecords
of Palm Beach Oounty, Florida, if desired by the City.
(b) The applicant shall secure and provide easements
and rights-of-way to such propertye
(c) The extension will be made to specifications of
City of Delray Beach, and the entire cost of the extension will
be bo~ne by the applicant ~eques~ing such service. Upon instal!-
ation and acceptance by the City, title to such mains will be
vested in the City, and. the City will thereafte~ maintain the
(d) Service connection charges and rates for service
shall be as provided by ordinance or other regulation,
Section 3. The City Manager is hereby authorized
and empowered, in his sole discretion, to determine whether
a water surplus exists and whether the property described in
any application is suitable for annexation by the City, end
may deny any application upon either ground,
Section ~, This Resolution shall not be construed as
affecting any contract heretofore made by the City of Delray
Beach for furmishing water service,
PASSED AND Al)OPTED in regular session, upon ~~ ~.irst
/~¥/ffW~f re.ding, this me '~Z~h day of Ootob.r .... , ~.
ATTEST: //
~it~ Clerk~,/~ '
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