Res 27-80 RESOLUTION N0.27-80
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, ACCEPTING ALL THE SANITARY SEWERS AND
WATER UTILITIES INSTALLED IN SPANISH WELLS, PHASE THREE,
AS RECORDED IN PLAT BOOK 36, PAGES 108 AND 109, OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, COMPRIS-
ING THE FOLLOWING LOCATIONS: SPANISH WELLS DRIVE FROM
PHASE TWO TO SAN BERNADINE DRIVE; SPANISH WELLS DRIVE
FROM SAN BERNADINE DRIVE TO GERMANTOWN ROAD; SAN BER-
NADINE DRIVE FROM SPANISH WELLS DRIVE TO END OF STREET
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 MAIN-
TENANCE 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, Craven, Thompson, 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 April, 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 Spanish Wells, Phase III, as recorded
in Plat Book 36, Pages 108 and 109, of the Public Records of Palm Beach
County, Florida, comprising the following locations: Spanish Wells Drive
from Phase Two to San Bernadine Drive; Spanish Wells Drive from San Berna-
dine Drive to Germantown Road; San Bernadine Drive from Spanish Wells
Drive to end of street, 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 April, 1980.
Section 2. That nothing contained herein shall be construed as'
discharging the Developer, Spanish Wells Development Corporation, 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.
Section 3. That the Developer, Spanish Wells Development
Corporation, shall be responsible for maintenance and repairs of the sani-
tary sewers and water facilities installed in Spanish Wells, Phase III, as
recorded in Plat Book 36, Pages 108 and 109, 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 10th
day of March , 1980.
ATTEST:
City Clerk
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