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Res 93-84 RESOLUTION NO. 93-84 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ACCEPTING ALL THE SANITARY SEWERS AND WATER UTILITIES INSTALLED IN CONGRESS PARK, AS RECORDED IN PLAT BOOK 44, PAGES 194 AND 195 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS OPERATIONAL 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 RESOLU- TION SHALL NOT DISCHARGE THE DEVELOPER FROM STRICT PER- FORMANCE; PROVIDING FOR MAINTENANCE 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 mains and related facilities in the above-mentioned location as_shown on the "As-Built" Drawings which have been presented by the designated Con- sulting Engineer, William M. Maki, 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 December, 1984, 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 Congress Park, as recorded in Plat Book 44, Pages 194 and 195 of the Public Records of Palm Beach County, Florida, are 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 December, 1984. Section 2. That nothing contained herein shall be construed as discharging the Developer, Banyan Lakes Village, from strict performance of this Developer's remaining contractual obligations and duties and that this Developer's bond (escrow account) remain in effect in all respects until released in accordance with this Developer's agreement with the City of Delray Beach. Section 3. That the Developer, Banyan Lakes Village, shall be responsible for maintenance and repairs of the sanitary sewers and water facilities installed in Congress Park, as recorded in Plat Book 44, Pages 194 and 195 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 13th day of November , 1984. MAYOR ATTEST: City Clerk