Loading...
Res 50-76 RESOLUTION NO. 50~76 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, CONSOLIDATING FORMER RESOLUTIONS NO. 1390 and 1399 REGARDING WATER SERVICE OUTSIDE THE CITY LIMITS AND AMENDING THE FO~4 OF AGREEMENT ATTACHED TO SAID RESOLUTIONS AND ADDING A MEMORANDUM TO BE FURNISHED TO SUCH WATER USE APPLICANTS, REQUIRING THAT SAID APPLICANTS FURNISH EVIDENCE OF TITLE AT THE TIME THE AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS IS EXECUTED. WHEREAS, the City of Delray Beach has received applications for extension of its water service 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; and WHEREASr by normal growth and expansion, it would appear any water surpluses now existing.may likely be exhausted within the near future by the requirements of inhabitants and properties now within the corporate limits of said Cityr as such properties are developed; however, in order to avoid hardships, the City is willing, on certain conditions, to furnish water service outside its corporate limits to properties which appear suit- able for annexation so long as any surplus exists; NOW, THEREFOP~, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA: SECTION 1. That no new applications for water service to per- sons or properties located outside the City boundaries of Delray Beach, Florida shall be accepted except (1) there is surplus water available at the time and place of any application, (2) it appears 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 establish as the policy of the City of Delray Beach to provide and assure water service for the inhabitants and citizens of the City of Delray Beach, and that applicants should be so situated that they may similarly become citizens. SECTION 2. That provided the applicant meets the foregoing qualifications, and so long as such surplus may continue, the City Manager is hereby authorized to receive applications for extension of water service outside the city limits of Delray Beach from such applicants upon the fol- lowing terms and conditions: (a) Prior to the extension of any water service, the applicant shall be required to execute a recordable agreement with the City which shall contain a request for annexation if or when such property is contiguous to the corPorate limits, and which shall also provide for termination of water service under certain conditions. At the time of executing and furnishing the recordable agreement referred to above the applicant shall furnish evidence of the title to ~he property which is to be served pursuant to the water use application in accordance with the attached memorandum to applican~ for water service outside the City limits. A copy of said memorandum and form of proposed agreement is attached hereto, and made a part hereof. Cb) Service connection and water rates shall be in accordance with current City ordinances. (c) The applicant shall secure and provide easements and rights-of-way to such property. (d) The extension will be made to specifications of City of Delray Beach, and the entire cost of the extension will be borne by the appli- cent requesting such service. Upon instal- lation and acceptance by the City, title to such mains will be vested in the City, and the City will thereafter maintain the same. SECTION 3. The City Manager shall present a full and compre- hensive report concerning any such application, together with his recommen- dation, to the City Council for decision, and upon approval, is authorized to enter into an agreement with such applicants to furnish water service. SECTION 4. This Resolution shall not be construed as affecting any contract heretofore made by the City of Delray Beach for furnishing water service. SECTION 5. This Resolution represents the current policy of the City of Delray Beach relating to the extension of water service outside the City limits, and all prior Resolutions pertaining to the same subject, be and the same are hereby repealed. PASSED AND ADOPTED in regular session this the 27th day of September, 1976. VI CE ~ MAYOR ATTEST: City Clerk Res. No. 50-76 100 N.W. 15i' AV£NU[ 305/278-2841 DELRAY BEACH , FLORIDA aa~44 ~. ELDON MAIIlOT] JA~S H. SCHEIFI. ISY. MAYOH OIlY MANAGER AARON I. SANSON. IV, Vlg[ MAYOrl JOHN J~. GOM[. Y ,t . COIJNCILMAN lEON M. WEEK[ ~, COUNCILMAN ~MORA~UM ~o .Applicant for wa%er se~ice outside the City limits. In order to be entitled to water service outside the City limits, it will be necessary to execute the agreement for water service outside the City limits and to furnish at the time the agreement is executed and delivered to the city a Certificate of Title issued either by a Title Insurance Company, licensed to do business in the State of Florida, or Attorney at law certifying that the organization or person executing the agreement is in fact the record tit].e holder of the property. In the event that title is held by a married person in his or her name alone, it will be necessary for the spouse to join in the agreement. ~e Title Certificate must be dated within 30 days of the time the agreement for water service outside the City limits is submitted to the City for acceptance. AGRI~EMI~:NT FOR WATER SERVICI< OUT~]II)I': TIiE CITY This agreement, made on this day of , 19 , by and between , hereina£ter called tile CUSTO~,IER, and the CITY O~' DELRAY BEACH, a munlcip~l corporation of the State of Florida, hereinafter called the CITY. WITNESSETII, that the CUSTOMER, his heirs and assigns, for and in con- sideration of the privilege of receiving water service from the Municipal Water System agrees to the following: 1. The CUSTOMER agrees to pay all costs of materials, labor, instal- lation, and inspection for the total length of extension necessary, in the opinion of the Director of Public Utilities, to provide service to the CUS- TOMER's premises. The CUSTOMER shall be responsible for the installation and conformance with all applicable codes, rules, and regulations of all service lines, etc., upon the CUSTOMER's premises. The above charge to be made prior to any main extensions or service by the CITY. 2. Any main extension made under this agreement shall be used only by the CUSTOMER, unless permission is granted by the City Council of Delray Beach for.other party or parties to so connect, with the provision that, in the event new customers be'permitted to connect to said extension within five years from the date of such main extension installation, a pro rata refund shall be made for each such CUSTOMER with the further provision that the aggregate of such refunds shall never.exceed the amount of the original deposit. 3. Title to all mains, extensions and Other facilities extending from the city water distribution system to and including the meter to ser- vice the CUSTOMER shall be vested to the CITY exclusively. 4. The CUSTOMER agrees to pay all charges, deposits, and rates for service and equipment in connection with water service outside the City limits-applicable under City ordinances and rate schedules which are now applicable or as may be changed from time to time. 5. Any rights-of-way or easements necessary shall be provided by the CUSTOMER. 6. It is understood by the CUSTOMER, and shall be binding upon the CUSTOMER, his heirs and assigns, that all water furnished, supplied, and sold under this agreement is made available from a surplus determined to exist at the location for which application has been made, and in the opin- ion of the City Council of Delray Beach it is for the best interests of said CITY to furnish said water. 7. The CUSTOMER further agrees in consideration of the privilege of receiving water service from said CITY, that the execution of this Agree- ment is considered a Petition for annexation effective at such time when the premises to be serviced are contiguous to the corporate limits of the CITY. The legal description of the premises is as follows: The customer acknowledges tha.t this covenant for annexation is intended to be and is hereby made a covenant running with the land here- inabove described. That thi's agreement is to be reeorded in the public records of Palm Beach County, Florida, and that customer and all sub- sequent transferees, grantees, heirs ~or assigns of customer shall be bound by this annexation agreement. If, in th~ opinion of the City Council of said CI~f, it shall become necessary for the safety and genera], welfare of the City of Delray Beach or its inhabitants to discontinue surp].us water to the CUSTOMER'S property, so long as it shall remain outsid(: the city limits of said CI'i~f, h]l(~.n and in that event, the CITY si]all be and is hereby authorized to discontinue water service to the CUSTOMER upon ninety days' notice giw;n ])y the city. 8. In the event that the City Council of the City determines that it is necessary to permanently discontinue water service to the above property t]len the CITY shall execute a recordable release of this annexation agreement which shall be recorded at the expense of the customer. IN WITNESS WIIEREOF the parties hereto have executed this agreement the day and year first written. WITNESSES: As To Customer Customer ATTEST: CITY OF DELRAY BEACH city Clerk ~ MAYOR FORM APPROVED BY CITY ATTORNEY STATE OF ) COUNTY OF ) I HEREBY CERTIFY that on this~day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared , to me knov~ to be the person described in and who executed the foregoing instrument and acknowledged before me that executed the same. WI~SS my hand and official seal in the County and State last aforesaid this day of , 19__. (SEAL) Notary Public STATE OF ) COUNTY' OF ) .' I IiEREBY CERTIFY that on this d~y, before me, an officer duly authorized in the State'and County aforesaid to take aCknowled, gments, personally appeared __and__ well known to m~ to ]De the President and ~. oecretary respectively of the corporation named in the foregoing agree.ment and 'that they severally acknowledged executing the same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in them by said corporation and that the sea]. affixed thereto is the true corporate seal of said corporation. WITNESS my ]]and and offioial seal in 'the County and State last afore:said this day of .... ., A.D. 19 Notary Pu]:)l J.c - 2 -