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Res 86-80 RESOLUTION NO. 86-80 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ACCEPTING ALL THE SANITARY SEWERS AND WATER UTILITIES INSTALLED IN PINE TRAIL, SECTION IV RECORDED IN PLAT BOOK 35, PAGE 151 OF THE PUBLIC RE- CORDS OF PALM BEACH COUNTY, FLORIDA, COMPRISING THE FOLLOWING LOCATIONS: N.W. 5TH STREET FROM MILITARY TRAIL EAST APPROXIMATELY 700 FEET; N.W. 52ND AVENUE FROM N.W. 5TH STREET TO THE CUL-DE-SAC; N.W. 51ST AVENUE FR~{ N.W. 5TH STREET TO N.W. 6TH STREET; N.W. 6TH STREET FROM N.W. 51ST AVENUE EAST APPROXIMATELY 100 FEET; N.W. 5TH COURT FROM N.W. 51ST AVENUE TO N.W. 53~ .AVeNUe? ~,W. 53RD AVENUE FROM N.W. 5TH COURT TO N.W. 6TH COURT; N.W. 6TH COURT FROM N.W. 53RD AVENUE EAST APPROXIMATELY 400 FEET 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 RESO- LUTION SHALL NOT DISCHARGE THE DEVELOPER FROM STRICT PERFORMANCE. 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 desig- nated Consulting Engineer, Arthur V. Strock and 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 affect- ed 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 November, 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 Pine Trail, Section IV, as recorded in Plat Book 35, Page 151 of the Public Records of Palm Beach County, Florida, comprising the following locations: N.W. 5th Street from Military Trail East approximately 700 feet; N.W. 52nd Avenue from N.W. 5th Street to the cul-de-sac; N.W. 51st Avenue from N.W. 5th Street to N.W. 6th Street; N.W. 6th Street from N.W. 51st Avenue East approximately 100 feet; N.W. 5th Court from N.W. 51st Avenue to N.W. 53rd Avenue; N.W. 53rd Avenue from N.W. 5th Court to N.W. 6th Court; N.W. 6th Court from N.W. 53rd Avenue East approximately 400 feet, as being operational, and the initial schedule of rates, fees, and other charges previously established, and applicable there- to in accordance with Chapter 27 of the Code of Ordinances of the City of Delray Beach, shall become effective on the first day of November, 1980. Section 2. That nothing contained herein shall be construed as discharging the Developer, Richard Siemens, as Trustee, from strict per- formance of said Trustee's remaining contractual obligations and duties and that said Trustee's escrow account remain in effect in all respects until released in accordance with said Trustee's agreement with the City of Delray Beach. PASSED AND ADOPTED in regular session on this the 14th day of October. , 1980. MAYOR LEON M. WEEKES ATTEST: City Clerk - 2 - Reso. No. 86-80