Res 55-85 RESOLUTION NO. 55-85
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 CEN-
TER, PHASE II AS RECORDED IN PLAT BOOK 51, PAGE 54 OF
THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS
OPERATIONALAND 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 MAIN-
TENANCE FOR AND REPAIRS BY THE DEVELOPER FOR ONE YEAR.
WHEREAS, the City Engineer of Delray Beach, Florida has certified
as operational (1) all sanitary sewers and related facilities and (2) all
water water mains and related facilities in the above-mentioned location 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 Ctiy 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 July, 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, Phase II
as recorded in Plat Book 51, Page 54 of the Public Records of Palm Beach
County, Florida, are accepted as being 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 July, 1985.
Section 2. That nothing contained herein shall be construed as
discharging the Developers, Frank E. Miller and Charlotte M. Miller, from
strict performance of the Developers' remaining contractual obligations and
duties and that the Developers' bond (escrow account) remain in effect in all
respects until released in accordance with the Developers' agreement with the
City of Delray Beach.
Section 3. That the Developers, Fran~ E. Miller and Charlotte M.
Miller, shall be responsible for maintenance and repairs of the sanitary
sewers and water facilities installed in South Delray Shopping Center,
Phase II, as recorded in Plat Book 51, Page 54 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 25th
day of June , 1985.
ATTEST:
City' Clerk