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Res 49-80 RESOLUTION NO. 49-80 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ACCEPTING ALL THE SANITARY SEWERS AND ~ATER UTILITIES INSTALLED IN DELRAY OAKS AS RECORDED IN PLAT BOOK 33, PAGE 190, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, COMPRISING THE FOLLOWING LOCATIONS: S.W. 20TH TERRACE BETWEEN S.W. 22ND AVENUE TO THE END OF S.W. 20TH TERRACE; S.W. 29TH COURT FROM S.W. 20TH TERRACE TO THE END OF S.W. 29TH COURT; S.W. 21ST TERRACE FROM S.W. 22ND AVENUE TO THE END OF S.W. 21ST TERRACE AS OPERATIONAL AND SETTING THE INITIAL SCHEDULE OF RATES, FEES AND OTHER RELATED CHARGES TO BE IMPOSED FOR THE SERVICES AND 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. WHEkEAS, 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, 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 facilities furnished by the sewer systems, which shall become effective the first day of July, 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 Delray Oaks as recorded in Plat Book 33, Page 190 of the Public Records of Palm Beach County, Florida, comprising the following locations: S.W. 20th Terrace between S.W. 22nd Avenue to the end of S.W. 20th Terrace; S.W. 29th Court from S.W. 20th Terrace to the end of S.W. 29th Court; S.W. 21st Terrace from S.W. 22nd Avenue to the end of S.W. 21st Terrace are hereby accepted by the City of Delray Beach as being operational, and the initial schedule of rates, fees and other charges pre- viously 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 July, 1980. Section 2. That nothing contained herein shall be construed as discharging the Developer, Delray Oaks, Inc., from strict performance of the Developer's remaining contractual obligations and duties and that the Developer's bond (escrow account) remain in effect in all respects until released in accordance with the Developer's agreement with the City. Section 3. That the Developer, Delray Oaks, Inc., shall be re- sponsible for maintenance and repairs of the sanitary sewers and water facilities installed in Delray Oaks for a period of one year after accep- tance of this resolution by the City of Delray Beach Council. PASSED AND ADOPTED in regular session on this the 24th day of June , 1980..,~~ ~ /~/ ~.! ATTEST: M A Y 0 R LEON M. WEEKES