Res 15-82 RESOLUTION NO. 15-82
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, ACCEPTING ALL THE SANITARY SEWERS AND
WATER UTILITIES INSTALLED IN McEWEN LUMBER SUBDIVISION,
AS RECORDED IN PLAT BOOK 38, PAGE 143 OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA, COMPRISING THE
FOLLOWING LOCATION% S.W. 2ND STREET FROM CONGRESS
AVENUE EAST TO THE PROJECT AND WITHIN THE PLAT LIMITS,
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 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 certi-
fied 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 desig-
nated Consulting Engineering Firm, O'Brien, Suiter and O'Brien, 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, 1982, 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 McEwen Lumber Subdivision as recorded
in Plat Book 38, Page 143 of the Public Records of Palm Beach County,
Florida, comprising the following location: S.W. 2nd Street from Congress
Avenue east to the project and within the plat limits, 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 March, 1982.
Section 2. That nothing contained herein shall be construed as
discharging the Developer, McEwen Lumber Company, from strict performance
of this Company's remaining contractual obligations and duties and that this
Company's bond (escrow account) remain in effect in all respects until
released in accordance with this Company's agreement with the City of
Delray Beach.
Section 3. That the Developer, McEwen Lumber Company, shall be
responsible for maintenance and repairs of the sanitary sewers and water
facilities installed in McEwen Lumber Subdivision, as recorded in Plat Book
38, Page 143 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 23rd
day of February , 1982.
ATTEST: M A Y O R
LEON M. WEEKES
.7'
City Clerk