Res 38-80 RESOLUTION NO 38-80
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, ACCEPTING ALL THE SANITARY SEWERS AND
WATER UTILITIES INSTALLED IN ABBEY DELRAY, PHASE II,
AS RECORDED IN PLAT BOOK 35, PAGES 52 and 53 OF THE PUB-
LIC RECORDS OF PALM BEACH COUNTY, FLORIDA, COMPRISING
THE FOLLOWING LOCATIONS: S.W. 10TH COURT FROM S.W.
22ND AVENUE TO S.W. 20TH TERRACE; S.W. 20TH TERRACE FROM
S.W. 10TH COURT TO S.W. llTH COURT; S.W. llTH COURT FROM
S.W. 20TH TERRACE TO S.W. 22ND AVENUE; S.W. 22ND AVENUE
FROM S.W. llTH COURT TO S.W. 10TH COURT, AS OPERATIONAL
AND SETTING THE INITIAL SCHEDULE OF RATES, FEES AND OTHER
RELATED CHARGES TO BE IMPOSED FOR THE SERVICES AND FACI-
LITIES 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.
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
Consulting Engineer, O'Brien, Suiter & O'Brien, 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 May, 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 Abbey Delray, Phase II as recorded
in Plat Book 35, Pages 52 and 53 of the Public Records of Palm Beach County,
Florida, comprising the following locations: S.W. 10th Court from S.W.
22nd Avenue to S.W. 20th Terrace; S.W. 20th Terrace from S.W. 10th Court
to S.W. llth Court; S.W. llth Court from S.W. 20th Terrace to S.W. 22nd
Avenue; S.W. 22nd Avenue from S.W. llth Court to S.W. 10th Court, 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
May, 1980.
Section 2. That nothing contained herein shall be construed as
discharging the developers from strict performance of the developers' re-
maining contractual obligations and duties and that the developers' bond
(escrow account) remain in effect in all respects until released in accord-
ance with the developers' agreement with the City.
Section 3. That the Developers, James G. Crouse and Anne Crouse
shall be responsible for maintenance and repairs of the sanitary sewers
and water facilities for a period of one year after acceptance of thi§
resolution by the City of Delray Beach Council.
PASSED AND ADOPTED in regular session on this the 14th
day of April , 1980.
MAYOR
LEON M. WEEKES
ATTEST:
City Clerk
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