Res 34-82 RESOLUTION NO. 34-82
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, ACCEPTING ALL THE SANITARY SEWERS AND
WATER UTILITIES INSTALLED IN PINES OF DELRAY NORTH, AS
RECORDED IN PLAT BOOK 35, PAGE 146; PLAT BOOK 38,
PAGE 18; PLAT BOOK 39, PAGES 104 AND 105 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 RESOLUTION 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, Winningham & Lively, 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 May~ 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 Pines of Delray North, as recorded in
Plat Book 35, Page 146; Plat Book 38, Page 18; Plat Book 39, Pages 104 and
105 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 be-
come effective on the first day of May, 1982.
Section 2. That nothing contained herein shall be construed as
discharging the Developer, Carmen Developers, LTD., from strict performance
of this Corporation's remaining contractual obligations and duties and that
this Corporation's bond (escrow account) remain in effect in all respects
until released in accordance with this Corporation's agreement with the City
of Delray Beach.
Section 3. That the Developer, Carmen Developers, LTD., shall
be responsible for maintenance and repairs of the sanitary sewers and water
facilities installed in Pines of Delray North, as recorded in Plat Book 35,
page 146; Plat Book 38, Page 18; Plat Book 39, Pages 104 and 105 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 April ' 1982.
ATTEST: ~
MAYO
City Clerk