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Res 100-79 RESOLUTION N0.100-79 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ACCEPTING ALL THE SANI- TARY SEWERS AND WATER UTILITIES INSTALLED IN PINE TRAIL EAST, RECORDED IN PLAT BOOK 35, PAGE 174 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, COMPRISING THE FOLLOWING LOCATIONS: N.W. 5TH COURT FROM BARWICK ROAD TO N.W. 45TH DRIVE; N.W. 45TH DRIVE BETWEEN N.W. 5TH COURT AND N.W. 6TH COURT; N.W. 6TH COURT BETWEEN N.W. 45TH DRIVE AND N.W. 45TH WAY; N.W. 45TH WAY BE- TWEEN N.W. 6TH COURT AND N.W. 5TH COURT AS OPERA- TIONAL 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 PERFOR- FORMANCE; PROVIDING FOR MAINTENANCE FOR AND RE- PAIRS BY DEVELOPER FOR ONE YEAR. WHEREAS, the City Engineer of Delray Beach, Florida, has cer- tified 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 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 January, 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 East, as recorded in Plat Book 35, Page 174 of the Public Records of Palm Beach County, Florida, comprising the following locations: N.W. 5th Court from Barwick Road to N.W. 45th Drive; N.W. 45th Drive between N.W. 5th Court and N.W. 6th Court; N.W. 6th Court between N.W. 45th Drive and N.W. 45th Way; N.W. 45th Way between N.W. 6th Court and N.W. 5th Court 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 January, 1979. Section 2. That nothing contained herein shall be construed as discharging the developer from strict performance of her remaining con- tractual obligations and duties and that her bond (escrow account) remain in effect in all respects until released in accordance with her agreement with the City. Section 3. That the Developer, Carole Siemens, Trustee, 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 10th day of December , 1979. MAYOR LEON M. WEEKES ATTEST: City Clerk - 2 - Reso. No. 100-79