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Res 38-82 RESOLUTION NO. 38-82 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ACCEPTING ALL THE SANITARY SEWERS AND WATER UTILITIES INSTALLED IN A REPLAT OF PARCELS W AND X AND PORTIONS OF PARCEL V OF THE PLAT OF ABBEY DELRAY SOUTH AS RECORDED IN PLAT BOOK 42, PAGES 121-123 OF THE PUBLIC RECORDS OF PA~4 BEACH COUNTY, FLORIDA, AS OPERA- TIONAL AND SETTING THE INITIAL SCHEDULE OF RATES, FEES AND OTHER RELATED CHARGES TO BE IMPOSED FOR THE SERVICES o 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. $~EREAS, 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, Shalloway, Inc., as certified; and, WHEREAS, the said sanitary sewer system was inspected and approved as operational by the Public ~t~lities 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 a replat of parcels W and X and por- tions of Parcel V of the Plat of Abbey Delray South, as recorded in Plat Book 42, Pages 121-123 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 accor- dance with Chapter 29, of the Code of Ordinances of the City of Delray Beach, shall become effective on the first day of May, 1982. Section 2. That nothing contained herein shall be construed as discharging the Developer, Palm Beach County Health Facilities Authority, from strict performance of this Developer's remaining contractual obligations and duties and that this Developer's bond 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, Palm Beach County Health Facili- ties Authority, shall be responsible for maintenance and repairs of the sani- tary sewers and water facilities installed in the above-mentioned locations, as recorded in Plat Book 42, Pages 121-123 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. C Attest: City Clerk % %