Res 89-79 RESOLUTION NO. 89-79
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, ACCEPTING ALL THE SANITARY SEWERS AND
WATER UTILITIES INSTALLED IN HIGH POINT, SECTION 7,
ACCORDING TO PLAT NO. 2 OF HIGH POINT, SECTION 7, AS
RECORDED IN PLAT BOOK 36, PAGES 64, 65 AND 66 OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, COMPRISING
THE FOLLOWING LOCATIONS: N.W. 4TH STREET FROM END OF
CUL-DE-SAC TO PLAT NO. 1 OF HIGH POINT, SECTION 7; N.W.
3RD COURT FROM END OF CUL-DE-SAC TO PLAT NO. 1 OF HIGH
POINT, SECTION 7; N.W. 48TH AVENUE, FROM N.W. 3RD COURT
TO N.W. 3RD STREET; N.W. 3RD STREET FROM N.W. 48TH AVENUE
TO PLAT NO. 1 OF HIGH POINT, SECTION 7; N.W. 50TH AVENUE
FROM N.W. 3RD COURT TO N.W. 2ND STREET; N.W. 2ND STREET
FROM N.W. 50TH AVENUE TO PLAT NO. 1 OF HIGH POINT, SEC-
TION 7; N.W. 3RD STREET FROM END OF CUL-DE-SAC TO TO N.W.
50TH AVENUE AND WATER LINE ON EAST SIDE OF MILITARY TRAIL
FROM NORT~'~W~ST CORNER TO SOUTHWEST CORNER OF HIGH POINT,
SECTION 7 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 UTILI-
TIES; PROVIDING THAT THIS RESOLUTION SHALL NOT DISCHARGE
THE DEVELOPER FROM STRICT PERFORMANCE; PROVIDING FQR
MAINTENANCE FOR AND REPAIRS BY 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 loca-
tions as shown on the "As-Built" Drawings which have been presented by
the designated Consulting Engineer, James D. Carlton, 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 December,
1979 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 High Point, Section 7, according
to Plat No. 2 of High Point, Section 7, as recorded in Plat Book 36.,
Pages 64, 65 and 66 of the public records of Palm Beach County, Florida,
comprising the following locations: N.W. 4th Street from end of Cul-De-
Sac to Plat No. 1 of High Point, Section 7; N.W. 3rd Court from end of
Cul-De-Sac to Plat No. 1 of High Point, Section 7; N.W. 48th Avenue, from
N.W. 3rd Court to N.W. 3rd Street; N.W. 3rd Street from N.W. 48th Avenue
to Plat No. 1 of High Point, Section 7; N.W. 50th Avenue from N.W. 3rd
Court to N.W. 2nd Street; N.W. 2nd Street from N.W. 50th Avenue to Plat
No. 1 of High Point, Section 7; N.W. 3rd Street from end of Cul-De-Sac
to N.W. 50th Avenue and water line on east side of Military Trail from
northwest corner to southwest corner of High Point, Section 7, 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 December, 1979.
Section 2. That nothing contained herein shall be construed as
discharging the developer from strict performance of his remaining con-
tractual obligations and duties and that his bond (escrow account)
remain in effect in all respects until released in accordance with his
agreement with the City.
Section 3. That the developer, High Point of Delray Builders,
Inc., shall be responsible for maintenance and repairs of the sanitary
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 13th
day of November , 1979.
' ~ Y 0 ~
LEON M. WEEKES
ATTEST:
City Clerk
-2- Res. No. 89-79