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Res 51-81 RESOLUTION NO. 51-81 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH,- FLORIDA, ACCEPTING ALL THE SANITARy SEWERS AND WATER UTILITIES INSTALLED IN PINE TRAIL SOUTH, AS RE- CORDED IN PLAT BOOK 42, PAGE 8 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, COMPRISING THE FOLLOW- ING LOCATIONS: N.W. 3RD DRIVE FROM MILITARY TRAIL EAST TO TM~. CUL-DE-SAC, 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 RESO- LU. TION 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 desig- nated Consulting Engineering Firm, Arthur V. Strock and Associates, 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 facilites furnished by the sewer systems, which shall become effective the first day of July, 1981, 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 Pine Trail South, as recorded in Plat Book 42, Page. 8 of the Public Records of Palm Beach County, Florida, comprising the following locations: N.W. 3rd Drive from Military Trail east to the cul-de-sac 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 July, 1981. Section 2. That nothing contained herein shall be construed as discharging the Developer, Felner Development Corporation, from strict performance of this Corporation's remaining contractual obligations and duties and that this Corporation's escrow account remain in effect in all respects until released in accordance with this Corporation's agreement with the City of Detray Beach. Section 3. That the Developer, Felner Development Corporation, shall be responsible for maintenance and repairs of the sanitary sewers and water facilities installed in Pine Trail South, as recorded in Plat Book 42, Page 8 of the Public Records of Palm Beach County, Florida, for a period of one year after acceptance of this resolution by the City of De!ray Beach Council. PASSED AND ADOPTED in regular session on this the 23rd day of June , 1981. ATTEST: ~ A Y O R LEON M. WEEKES City Clerk