Res 41-82 RESOLUTION NO. 41-82
A RESOLUTION OF THE CITY .C.OUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, ACCEPTING ALL THE SANITARY SEWERS AND
WATER UTILITIES INSTALLED IN PELICAN HARBOR, PHASES 1,
2 AND 3, AS RECORDED IN PLAT BOOK 36, PAGES 113 & 114;
PLAT BOOK 37, PAGES 32 & 33, AND PLAT BOOK 37, PAGES
34 & 35, 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 UTILI-
TIES; 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 Con-
sulting Engineering Firm, Cook-Reiff 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 May, 1982, as set forth and con-
tained 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 facil'ities in Pelican Harbor, Phases 1, 2 and 3, as
recorded.in Plat Book 36, Pages 113 & 114; Plat Book 37, Pages 32 & 33, and
Plat Book 37, Pages 34 & 35 of the Public Records of Palm Beach County,
Florida, are 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 May, 1982.
Section 2. That nothing contained herein shall be construed as
discharging the Developer, Pelican Harbor Associates, 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 re-
leased in accordance with this Developer's agreement with the City of Delray
Beach.
Section 3. 'That the Developer, Pelican Harbor Associates, shall
be responsible for maintenance and repairs of the sanitary sewers and water
facilities installed in Pelican Harbor, Phases 1, 2 and 3, as recorded in Plat
Book 36, Pages 113 & 114; Plat Book 37, Pages 32 & 33, and Plat Book 37, Pages
34 & 35, 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 27th
day of April , 1982.
~ City Clerk