R96-176 RESOLUTION NO. R96-/~
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING
AND DIRECTING THE MAYOR A/kID CITY CLERK TO
EXECUTE A WATER SERVICE AGREEMENT BETWEEN
THE CITY OF BOYNTON BEACH AND JAMES E. EWING
AND WILLIAM GALIOTO; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the subject property is located at 3737 N. Federal
Highway, Delray Beach, in the unincorporated county pocket
between Delray Beach and Boynton Beach and is within our
utilities service area; and
WHEREAS, we currently have a water main directly in front
of the parcel, so water service is readily available, however a
gravity sewer is not accessible to the property and approval is
for water only at this time, and sewer when available;
WHEREAS, City policy requires annexation of the property to
be serviced at the earliest practicable time, as a condition of
the granting of water services outside its jurisdictional
limits;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The Mayor and City Clerk are hereby
authorized and directed to execute a Water Service Agreement
between the City of Boynton Beach, Florida and James E. Ewing
and William Galioto, said Agreement being attached hereto as
Exhibit "A".
Section 2. This Resolution shall become effective
immediately upon passage.
PASSED AND ADOPTED this ~ day of December, 1996.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
~sioner
Commi s s ioner
Co~ s s loner
ATTEST:
Ci~ Clerk
A~R~EMENT FOR WATER SERVICE OUTSIDE
THE CITY LIMITS AND COVENANT FoR ANNEXATION
T~IS A~REEMENT made on this /~?~da¥ of ~(U&~' ,
19 , by and between .~~ _~I~
hereinafter calle~ the .~stomer", and =he
a~nicipal co~oration of the State of Florida, hereinafter .... called
the "City". --'~
WHEREAS, Customer owns real property outside of the
jurisdictional limi=s of the City of Boynton Beach, Florida; and
W~EREAS, Customer
Beach, FlOrida provide
Customer; and
has requested that the City of Boynton
water service to the property owned by
WHEREAS, the City o2 Boynton beach has the ability to provide
waker service to Customer's property; and
WHE~, the City of Boyn=on Beach has & ~olicy which
conditions the grant of water services outside of its
jurisd~ctional limits on annexation of the proper~¥ =o be serviced.-
into ~he City at =he earliest practicable time.
NOW THEREFORE, £or and in consideration of the privilege of
receiving water service £rom =he Municipal Water System and the
mutual covenants expressed herein, the City of Boynton Reach and
the Customer, his heirs, successors and assigns, agree as follows:
1. The City agrees to provide Customer with wa=er service
from its Municipal- Water System =o service =he real proper~y
described as ~011ows and which Customer represents is owned by
Customer:
2. The Customer and the City hereby agree =ha= there are
i
PASSED AND ADOPTED this day of December, 1996.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
ATTEST:
Commissioner
City Clerk
WaterSerAgr
Ewlng/Galioto
11/25/96
Equivalent Residential Connections which City shall service.
3. The Customer agrees to pay al1 costs and fees of
engineering, material, labor, installation and inspection o~ the
facilities as required by the City of Boynton Beach Code of
Ordinances or Land' Development regulations to provide service to
the Customer's premises. The Customer shall be responsible for
insta!lation in conformance with all codes, rules and regulations
applicable to the installation and maintenance o~ water service
Customer's premises. Ail' such lines shall be
approved by the Director of Utilities and subject to inspection by
the City Engineers. The City shall have ~her
requiring the ~stomer to perform the work:necessary the
lines or the work behalf icl the
Customer, in' which case =!he ~stomer will pay in advance all
estimated costs thereof. In the work
the~Custcmer will also advance such additional funds as
necessary to pay the: total actual~cosus incurred by the
City.
4. Any water main extension made pursuant to this Agreement
shall be used only by the .Customer, un,less written consent is
granted by the City of Boynton Beach for Other parties to connect.
All connections shall be made in accor~ce with the Codes and
regulations of Boynton Beach.
3. Title =o all mains, extensions and other facilities
extended Waker Distribution System to and including
the metered :e to Customer shall be vested in the City
exclusively, unless o=herwile'uonVeyed or abandoned to the property
owller.
~, The~'Custcmer agreem to pay all chmx~es, deposits and
rates£or service and equipment in connection with wa=er e~rv~ce
outside the Ci~ limits applica~le unde~ Ci~ Ordinances and rate
schedules which are applicable which may Be changed from time to
time.
7. Any rights-of-way or easements necessary to accommodate
the c~nnections shall be provided by the Customer to ~he City.
S. The:Customer shall, contemporaneously execute and deliver
to the City an Irrevocable Special Power of Attorney granting to
the City the power and authority =o execute and advance on behalf
of the Customer a voluntary petition ~or annex&tion.' Customer
covenants:.that it shall cooperate no= raise
opposition or challenge to such
is ~e
,of
w:
10. It is agreed that
event there 'iea
service to be
JurisdictiOn over
liability in the event
termination
strikes,
11. The C~AStOFAe
harmless 05
indivi~ua]
dam&gee,
(whether
J udgmemt
hold
their
fee.
the
Customer's obligation under or performance pursu&n= to this
Agreement.
12. No additional agreements or representations ghall be
binding on any of ~he parties hereto unless incorporated in =his
Agreement. NO modifications or change in this Agreement shall be
valid upon the parties unless in writing executed by the parties =o
be bound =hereby.
IN WITNESS W~4EREOF, the~ie~ ~heir hands
and seals =his day of~' . , 199~
INDIVIDUAL (S} AS OWNER (S) .'
(As ~to se~or~-uwn~; t
!
FOR INDIVIDUAL (S) NOTARIZATION:
STATE OF FLORIDA )
) ss:
COUNTY O~ PALM BEACh)
I HEREBY CERTIFY:that on this day, before me, an officer duly
authorized in the State aforesaid and in
take
going instrumen~
acknoWledged before me that he/she exe=uted the same;
known to me or provided the following
son(s)
he/she
the
a:
2
day°fficialo~ ./~s'FI. in the. County. and
CITY OF BOYNTON BEACM, FLORIDA
Mayor
ATTEST,
City Clerk
STATE OF FLORIDA )
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized in the State aforesaid and in =he County aforesaid to
take acknowledgments, personally appeared .,
Mayor and ..,~itY Clerk-respectively,
of the Ck~y named in the foregoing a~reement and that they
severally acknowledged executing same in the presence of two
subscribing witnesses freely and voluntarily under au=hority duly
vested in them by said City and that the City seal affixed thereto
is the true corporate seal affixed thereto is the true corporate
ssal of said City.
WITNESS my hand and official seal in the County and State last
aforesaid =his day of _, 199_.
(Notary Seal)
Notary Public
Approved as to form:
Legal Description Approved~
City A~orney
JAC/lms
900152
lZ/12/95.rsv
WATERSRV.1