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Res 95-83 RESOLUTION NO. 95-83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ACCEPTING ALL THE SANITARY SE~TERS AND WATER UTILITIES INSTALLED IN DU~%R PLAZA, AS RECORDED IN PLAT BOOK 44, PAGES 188 & 189 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 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, Gentry & Associates, 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 November, 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 Dumar Plaza, as recorded in Plat Book 44, Pages 188 & 189 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 November, 1983. Section 2. That nothing contained herein shall be construed as discharging the Developer, Seymour Dubin and Thomas Mareno, from strict per- formance 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, Seymour Dubin and Thomas Mareno, shall be responsible for maintenance and repairs of the sanitary sewers and water facilities installed in Dumar Plaza, as recorded in Plat Book 44, Pages 188 & 189 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 llth day of October , 1983. ATTEST: City Clerk