Res 1390-62 RESOLUTION NO. 1390. ·
~ RESOLUTION OP ~tE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, RELATING
TO EXTENSION OF ~ATER SERVICE OUTSIDE
CITY LIMITS, ~ND REPEALING ALL PRIOR
RESOLUTIONS PERTAINING ~RETO.
%~EREAS, the City of Delray Beach has received appli-
cations fo~ extension of its water service to properties and
persons located outside the corporate limits of said City; and
EEREAS, the City is authorized to sell and dispose
of water to such personS and properties only from its surplus
supplies as the s~e may be available from time to time; and
~IEREAS, by normal growth and expansion, it would
appear any water surpluses now existing may likely be e~austed
within the near future by the requirements of i~abitants and
properties now within the co. orate limits of said City, as
such properties are developed; however, in order to avoid hard-
ships, the City is willing, on certain conditions, to furnish
water service outside its co. orate limits to properties which
appear suitable for annexation so long as any surplus exists;
NO~.~, T~R~ORE, BE IT RESOLED BY THE CI~ CO~CIL OF
THE CI~ OF DELRAY BEACH, FLORIDA:
Seetion 1. That no new applications for water service
to persons oP properties located outside the City boundaries of
Delray Beach, Florida shall be accepted except (1) there is
surplus water ~vailable at the time and place of any application,
(2) it appears such property is suitable for a~ezation and that
it would likely be possible to annex such property within a Pea-
sonable time after such spplication. It is the intent and pur-
pose of this section to establish as the policy of the City of
Delray Beach to provide and assure water service for the i~abit-
ants and citizens of the City of Delray Beach, and that applicants
should be so situated that they ~aay sit. laxly become citizens.
Section 2. ~at provided the applicant meets the fore-
going qualifications, and so long as such su~lus may continue,
the City Manager is hereby authorized to receive applications for
extension of water service outside the city limits of Del2ay Beach,
and to enter into agreements with such applicants to furnish water
service, upon the following terms and conditions:
(a) Prior to the extension of any water service,
the applicant shall be required to execute an agreement
with the City which shall contain a request for a~ex-
ation if or when such property is contiguous to the
corporate limits, and which shall also provide fo~
termination of water service under certain conditions.
A copy of said proposed agreement is attached hereto,
and made a part hereof.
(b) Service co~octio~ ch~ges and wete~ ~stes
~hall be 2~% greate~ th~ corresponding cha~ges within
the City as now provided by o~dina~e o~ other regula-
tions now applicable or as may be changed f~om time to
time.
(c) ~e applicant shall secure and p~ovide ease-
ments 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 ex-
tension will be borne by the applicant requesting such
service. Upon installation 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
comprehensive report concerning any such application, together
with his recommendation, to the City Council for decision.
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 Reso-
lutions pertaining to the same subject, be and the sane a~e
hereby repealed.
PASSED AND ADOPTED in regular session this the 26th
day of February, 1962.
ATTEST:
AGREEi',~ENT FOR t,;ATER SERVICE O__UTS. IDE THE CITY LI~STS
This agreement, made on this day of ............ ,19 ....
by and between ,
hereinafter cal~e'~ ~he CbSTO~R'~' ~'nd t~% ~I~ OF-DE~Y-~H,' '~' mu-
nicipal corporation of the State of Florida, hereinafter called the
CITY.
WITNESSETH, that the CUSTO~R, his heirs and assigns, for and in
consideration of the privilege of receiving water service from the
Municipal Water System agrees to the ~ollowing:
1. The CUSTO~'~R agrees to pay all costs of ~terisls, labor, in-
stallation, and inspection fop the total length of extension necessary,
in the opinion of the Director of Public Works, to provide service to
the CUSTO~R'S premises. The CUSTOI~R shall be responsible for the
installation and co~ormsnce with all applicable codes, rules, and
regulations of all service lines, etc., upon the C~TO~R'S premises.
The above charge to be made prior to any main extensions oP service
by the CI~.
2. Any main extension made under this agreement shall be used
only by the CUSTO~R, unless permission is granted by the City Council
of De~ay Be~ch for other party or parties to so co~ect. ~e exist-
ence of any main extension under this agreement sh~ll not be used in
support of requests for additional services branching off from it.
3. Title to all mains, extensions and other facilities extending
from the city water distribution system to and including the meter to
service the CUSTO~.~R shall be vested to the CI~ exclusively.
4. The CUSTO}~R agrees to pay all charges, deposits, and rates
for service and equipment in co~ection with water service outside the
city limits applicable under city ordinances and rate schedules which
are now ~pplicable or as may be changed from time to time.
~. Any rights-of-way o~ easements necessary shall be provided
by the CUSTO~R.
6. It is understood by the CUSTO~R, and shall be binding upon
the CUSTO~R, his heirs and assi~s, that all water furnished, sup-
plied, and sold under this agreement is made available from a surplus
determined to exist at the location fo~ which application has been
made, ~d tn the opinion of the City 'Council of Del~ay Beach i~ Is
for the best interests of said CITY to furnish said water.
7. ~e CUSTOmeR further agrees in consideration of the privilege
of receiving water service from said CI~, that the execution of this
Agreement is considered a Petition for a~exation effective at such
time when the premises to be serviced are contiguous to the corporate
limits of the CI~.
If, in the opinion of the City Council of said CI~, it shall be-
come necessary for the safety and general welfare of the City of
DelPay Beach or its i~abitants to discontinue surplus water to the
CUSTO;~'~R'S property, so long as it shall remain outside the city lim-
its of said CITY, then and in that event the CI~ shall be and is
hereby authorized, to discontinue water service to the C~TO~R upon
ninety days. notice given by the CI~.
IN WITNESS I~EOF the parties hereto have executed this Agreement,
the day and year first above written.
WITNESS:
~s to Customer ~ust'°mer
ATTEST: CItY OF DELRAY BEACH
Form approved by City Attorney ....
AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS
This agreement, made on this ~ day of ,
by and between ....... ·
hereinafter cal~d-t~l{e~ ~sTOMER-,~ '~hd~H~-~'~-0~-bELkin-BEACH, ~ mu-
nicipal corporation of the State of Florida, hereinafter called the
CITY.
WITNESSETH, that the CUSTOMER, his heirs and assigns, for and in
consideration of the privilege of receiving water service from the Mu-
nicipal Water System agrees to the following:
1. The CUSTOMER agrees to pay all costs of materials, labor, in-
stallation, and inspection for the total length of extension necessaz-y~
in the opinion of the Director of Public Works, to provide service to
the CUSTOMER,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 CUSTO~ER'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 sh,ll be used
only by the CUSTOMER, unless permission is g~anted by the City Council
of De]ray Be~ch for other party or parties to so connect, with the
provision that, in the event New Customers be permitted to connect to
s~id extension within thre9 years fhom the date of s~ch main extension
installation, a refund of $25.00 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 ~eposlt.
3. Title to all mains, extensions and other facilities extending
from the city water distribution system to and including the meter to
service the CUSTOMER shall be vested to the CITY exclusively.
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 OUBTOMER.
6. It is understood by the CUSTOMER, and shall be binding upon
the CUBTOMER, his heirs and assigns, that all water furnished, sup-
plied, 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 opinion 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
~greement 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. _.
If, in"the opinion of the City Couhcil of'said CITY, it shall be-
come' necessary for the Safe%y and general welfare of tho"City of
Delray Beach or its inhabitants to discontinue surplus water to the
CUSTOMER,S property, so long as it shall remain outside the-city lim-
its of said CITY, then and in that event the CITY shall be and is
hereby authorized, to discontinue water service to the CUSTOMER upon
ninety days' notice given by f~he CITY.
IN WITNESS WHE~OF the parties hereto have executed this Agree.~
merit, the day and yea~ first above written.
.
WITNESS.
c~.s.tome~:~
ATTEST: CITY OF DELP~Y BEACH
Form approved by City ~ttorney .... _