Res 41-80 RESOLUTION NO. 41-80
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, ACCEPTING ALL THE SANITARY SEWERS AND
WATER UTILITIES INSTALLED IN BANYAN TREE VILLAGE, AS
RECORDED IN PLAT BOOK 36, PAGE 5 OF THE PUBLIC RECORDS
OF PALM BEACH COUNTY, FLORIDA, COMPRISING THE FOLLOW-
ING LOCATIONS: FROM EXISTING MANHOLE (IN FRONT OF
HARBOURSIDE DEVELOPMENT) RUNNING SOUTH ON THE EAST SIDE
OF US-I TO ADJACENT CORNER OF LOT 7 MODEL LAND COMPANY
SUBDIVISION, THENCE ALONG SAID SUBDIVISION TO THE NORTH-
WEST CORNER OF BANYAN TREE VILLAGE; THENCE $-89054'30"-W
A DISTANCE OF 70'+_ ; THENCE S-450-E 116.12'+_ ; THENCE
SOUTH A DISTANCE OF 229.12'~ ; THENCE EAST APPROXIMATELY
160'~ DISTANCE TO END OF LINE. ALSO, FROM THE NORTH~ST
CORNER OF ~ANYAN TREE VILLAGE S-0016'00"-W A DISTANCE OF
150'~ TO END OF LINE, 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; PRO-
VIDING FOR MAINTENANCE FOR AND REPAIRS BY THE DEVELOPER
FOR ONE YEAR.
W~EREAS, 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, Richard E. Teagle, P.E., 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 June, 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 Banyan Tree Village, according to
Plat Book 36, Page 5, of the Public Records of Palm Beach County, Florida,
comprising the following locations: From existing manhole (in front of
Harbourside Development) running south on east side of US-I to adjacent cor-
ner of Lot 7, Model Land Company Subdivision, thence along said subdivision
to the northwest corner of Banyan Tree Village; thence S-89°54'30"-W a dis-
tance ~f 70'± ; thence S-45°-E 116.12'~ ; thence south a distance of
229.12~ ; thence east approximately 160'~ distance to end of line. Also,
from the northwest corner of Banyan Tree Village S-0°16'00"-W a distance of
150'~ to end of line, 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 effec-
tive on the first day of June, 1980.
Section 2. That nothing contained herein shall be construed
as discharging the developers from strict performance of the developers' con-
tractual obligations and duties and that the developers' bond (escrow accou'~t~
remain in effect in all respects until released in accordance with the
developers' agreement with the City.
Section 3. That the Developers, Elwin G. and Dorothy Moody,
shall be responsible for maintenance and repairs of the sanitary sewers and
water facilities for a period of one year after acceptance of this resolu-
tion by the City of Delray Beach Council.
PASSED AND ADOPTED in regular session on this the 13th
day of May , 1980.
MAYOR
LEON M. WEEKES
ATTEST:
City Clerk .
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