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Res 67-80 RESOLUTION N0.67-80 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ACCEPTING ALL THE SANITARY SEWERS AND WATER UTILITIES INSTALLED IN RAINBERRY BAY, SECTION FOUR AS SHOWN IN PLAT BOOK 38, PAGE 75 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, COMPRISING THE FOLLOWING LOCATIONS: ON RAINBERRY CIRCLE EAST FROM SEC- TION ONE TO SECTION THREE, FROM THE INTERSECTION OF RAINBERRY CIRCLE EAST AND NORTHWEST TENTH STREET; DOWN NORTHWEST TENTH STREET TO END OF STREET, AS OPERATIONAL AND SETTING THE INITIAL SCHEDULE OF RATES, FEES AND OTHER RELATED CHARGES TO BE IMPOSED FOR THE SERVICES ~D FACILITIES FURNISHED BY SAID UTILITIES; PROVIDING THAT THIS RESOLUTION SHALL NOT DISCHARGE THE DEVELOPER FROM STRICT PERFORMANCE; PROVIDING FOR ~INTENANCE FOR AND REPAIRS BY THE DEVELOPER FOR ONE YEAR. '~HEREAS, 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 Engineering Firm, Arthur V. Strock & Associates, Inc., as certi- fied, 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 September, 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 Bay, Section Four according to Plat Book 38, Page 75 of the Public Records of Palm Beach County, Florida, comprising the following locations: On Rainberry Circle East from Section One to Section Three, from the intersection of Rainberry Circle East and Northwest Tenth Street; down Northwest Tenth Street 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 Ordin- ances of the City of Delray Beach, shall become effective on the first day of September, 1980. Section 2. That nothing contained herein shall be construed as discharging the ~eveloper, .Dimentional Buitders~& Associates, LTD., from strict Performance of this Developer's remaining contractual obligations and duties and that this Developer's bond (escrow account) remain in effect in all respects until released in accordance with this Developer's agreement with the City. Section 3. That the Developer, Dimentional Builders & Asso- ciates, LTD., shall be responsible for maintenance and repairs of the sani- tary 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 12th day of Auqust , 1980. MAYOR LEON M. WEEKES ATTEST: - / City Clerk - 2 - Reso. No. 67-80