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Res 10-80 RESOLUTION NO. 10-80 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ACCEPTING ALL THE SANITARY SEWERS AND WATER UTILITIES INSTALLED IN RAINBERRY LAKES, PHASE TWO, AS RECORDED IN PLAT BOOK 37, PAGES 94 & 95 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, COMPRIS- ING THE FOLLOWING LOCATIONS: ALL LINES ON LAKE IDA ROAD IN FRONT OF THE SUBDIVISION, ON MAIN ENTRANCE ROAD FROM LAKE IDA ROAD TO RAINBERRY LAKE DRIVE; ON RAINBERRY LAKE DRIVE, FROM END OF STREET ADJACENT TO THE LAKE TO THE END OF STREET TO THE NORTHEAST; ON N.W. 9TH STREET, FROM RAINBERRY LAKE DRIVE TO END OF 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 UTILI- TIES; PROVIDING THAT THIS RESOLUTION SHALL NOT DISCHARGE THE DEVELOPER FROM STRICT PERFORMANCE; PROVIDING FOR MAINTENANCE FOR AND REPAIRS BY 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 de- signated Consulting Engineer, Wantman & 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 facilities furnished by the sewer systems, which shall become effective the first day of February, 1980, as set forth and contained in Part II, Chapter 27, 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 Rainberry Lakes, Phase Two, as re- corded in Plat Book 37, Pages 94 & 95 of the Public Records of Palm Beach County, Florida, comprising the following locations: All lines on Lake Ida Road in front of the Subdivision, on main entrance road from Lake Ida Road to Rainberry Lake Drive; on Rainberry Lake Drive, from end of street ad- jacent to the lake to end of street to the northeast; on N.W. 9th Street, from Rainberry Lake Drive to end of cul-de-sac, are hereby accepted by the City of Delray Beach as being operational, and the initial schedule of rates, fees, and other charges previously established, and applicable thereto in accordance with Chapter 27 of the Code of Ordinances of the City of Delray Beach, shall become effective on the first day of February, 1980. Section 2. That nothing contained herin shall be construed as discharging the Developer, Carole Siemens, Trustee, from strict perfor- mance of her remaining contractual obligations and duties and that her bond (escrow account) remain in effect in all respects until released in accor- dance with her agreement with the City. Section 3. That the Developer, Carole Siemens, Trustee, shall be responsible for maintenance and repairs of the sanitary sewers and water facilities 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 28th day of January , 1980. MAYOR LEON M. WEEKES ATTEST: City Clerk - 2 - Reso. No. 10-80