Res 09-83 RESOLUTION NO. 9-83
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, ACCEPTING ALL THE SANITARY SEWERS AND
WATER UTILITIES INSTALLED IN PROFESSIONAL PLAZA FOR
ACQUILANO, AS RECORDED IN PLAT BOOK 44, PAGE 147 OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, COMPRIS-
ING THE FOLLOWING LOCATIONS: A SEWER MAIN FROM THE
NORTHEAST CORNER OF THE PLAT NORTHERLY ALONG THE WEST
SIDE OF FEDERAL HIGHWAY TO S.E. 10TH STREET; THENCE
WEST ALONG S.E. 10TH STREET TO THE EXISTING MAIN AT
S.E. 4TH AVENUE; A WATER MAIN ALONG THE EAST SIDE OF
S.E. 4TH AVENUE FROM S.E. 9TH STREET SOUTH TO S.E. 10TH
STREET; THENCE EAST ALONG THE NORTH SIDE OF S.E. 10TH
STREET TO FEDERAL HIGHWAY, 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 RESO-
LUTION 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, Walter A. Cornell, 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 March,
1983, 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 Professional Plaza for Acquilano
as recorded in Plat Book 44, Page 147 of the Public Records of Palm Beach
County, Florida, comprising the following locations: A sewer main from the
northeast corner of the plat northerly along the west side of Federal High-
way to S.E. 10th Street; thence west along S.E. 10th Street to the existing
main at S.E. 4th Avenue; a water main along the east side of S.E. 4th Avenue
from S.E. 9th Street south to S.E. 10th Street; thence east along the north
side of S.E. 10th Street to Federal Highway, are accepted as being opera-
tional, and the initial schedule of rates, fees, and other charges pre-
.viously 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 March, 1983.
Section 2. That nothing contained herein shall be construed
as discharging the Developer, Samuel Acquilano, 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, Samuel Acquilano, shall be
responsible for maintenance and repairs of the sanitary sewers and water
facilities installed in Prosessional Plaza for Acquilano as recorded in
Plat Book 44, Page 147 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 8th
day of February , 1983.
ATTEST:
City Clerk
RES. NO. 9-83