Res 04-85 RESOLUTION NO. 4-85
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, ACCEPTING ALL THE SANITARY SEWERS AND
WATER UTILITIES INSTALLED IN SOUTH DELRAY SHOPPING
CENTER, AS RECORDED IN PLAT BOOK 47, PAGE 45 OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, COMPRIS-
ING THE FOLLOWING LOCATIONS: WITHIN THE PLAT, A WATER
MAIN ALONG THE NORTH LINE TO FLORIDA BOULEVARD AND A
SEWER MAIN ALONG AVENUE L TO SPANISH TRAIL, AS OPERA-
TIONAL AND SETTING THE INITIAL SCHEDULE OF RATES, FEES
AND OTHER RELATED CHARGES TO BE IMPOSED FOR THE SERVICES
AND FACILITIES FURNISHED BY SAID UTILITIES; PROVIDING
THAT THIS RESOLUTION SHALL NOT DISCHARGE THE DEVELOPER
FROM STRICT PERFORMANCE; PROVIDING FOR MAINTENANCE FOR
AND REPAIRS BY THE DEVELOPER FOR ONE YEAR.
WHEREAS, the City Engineer of Delray Beach, Florida, has certi-
fied as operational (1) all sanitary sewers and related facilities and (2)
all water mains and related facilities in the above-mentioned locations as
shown on the "As-Built" Drawings which have been presented by the designated
Consulting Engineering Firm, D. M. Ambrose Associates, Inc., as certified;
and,
WHEREAS, the said sanitary sewer system was inspected and
approved as operational by the Public Utilities Department of the City of
Delray Beach, Florida; and,
WHEREAS, it is deemed to be in the best interest of the affected
properties that the initial schedule of rates, fees, and other related
charges be imposed for the services and facilities furnished by the sewer
systems, which shall become effective the first day of February, 1985, as
set forth and contained in Part II, Chapter 29, Water and Sanitary Sewerage,
of the Code of Ordinances of the City of Delray Beach.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That all sanitary sewers and related facilities and
water mains and related facilities in South Delray Shopping Center, as re-
corded in Plat Book 47, Page 45 of the Public Records of Palm Beach County,
Florida, comprising the following locations: within the plat, a water main
along the north line to Florida Boulevard and a sewer main along Avenue L to
Spanish Trail, are accepted as operational, and the initial schedule of rates
fees, and other charges previously established, and applicable thereto in
accordance with Chapter 29 of the Code of Ordinances of the City of Delray
Beach, shall become effective on the first day of February, 1985.
Section 2. That nothing contained herein shall be construed as
discharging the Developer, Delray Shopping Associates, Ltd., from strict per-
formance of this Corporation's remaining contractual obligations and duties
and that this Corporation's bond (escrow account) remain in effect in all
respects until released in accordance with this Corporation's agreement with
the City of Delray Beach.
Section 3. That the Developer, Delray Shopping Associates, Ltd.,
shall be responsible for maintenance and repairs of the sanitary sewers and
water facilities installed in South Delray Shopping Center, as recorded in
Plat Book 47, Page 45 of the Public Records of Palm Beach County, Florida,
for a period of one year after acceptance of this resolution by the City of
Delray Beach Council.
PASSED AND ADOPTED in regular session on this the 15th
day of January , 1985.
MAYOR
ATTEST: