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08-25-98 Special/Workshop AII-Ameri~ C~ SPECZAL ~EE?Z~G & BTJDGE? ~OR~S~OP - A~GUS? 25, 1998 - 6:00 ~.~. ~RS? ~OOR CO~gRE~CE RO0~ The City will furnish appropriate au.xiliaz3r aids and services where ~ecessary to afford an ±ndividual with a disability an e~ual opportunity to participate in and en~o¥ the benefits of a set-v-ice, program or activity conducted by the City. Contact Doug Randolph at 243-7127 (voice) or 243-7199 (TDD), 24 hours prior to the program or activity in order for the City to reasonably accommodate your request. Adaptive listening devices are available. SPECIAL MEETING AGENDA (1) Final Plat Approval/St.-Tropez at Delra¥ Beach: Consider approval of the final boundary plat for St.-Tropez at Delray Beach located on the north side of Lindell Boulevard, between Egret Circle and S.W. 10th Avenue. (2) Bid Award - Wynn and Sons Environmental Construction, Inc. (Sidewalk Repair): Consider approval of a bid award in the amount of $19,748.25 to Wynn and Sons Environmental Construction, Inc. for sidewalk removal and replacement at various locations, with funding from 334-3162-541-63.11 (General Construction Fund - Bikepaths/Sidewalks). (3) Resolution No. 49-98: Consider approval of a resolution authorizing a referendum election to be held on November 3, 1998, concerning whether amendments should be made to the Delray Beach Downtown Development Authority Act. (4) City Attorney Evaluation. (5) City Manager Evaluation. BUDGET WORKSHOP AGENDA (1) Presentation concerning proposed procedural changes for trash pile abatement with additional services from BFI and potential changes to the franchise agreement. (Lula Butler/Joe Safford) (2) FY 1999 Budget. (3) Commission comments. ******************************************************************** Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. AGENDA REOUEST Date: Aug. 20, 1998 Request to be placed on: Regular Agenda Special Agenda X Workshop Agenda When: Sept. 8, 1998 Description of item (who, what, where, how much) :Approval of final boundary pl~t for St.-Tropez A~ Delray Beach. Staff comments have been ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends approval of the final boundary plat for St.-Tropez At D~lray Be~ch,~-~, Department head signature: Q ~..~ ~~ l~~ ~/~t/~ , Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: YES/NO Funding alternatives (if applicable) Account No. & Description Account Balance City Manager Review:~ ~ Approved for agenda: Y~/NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved cc: tac-St. Tropez file:s/engadmin/tac/stropez/ag82098.doc MEMORANDUM TO: David T. Harden City Manager FROM: Barron Caronite Assistant City Engineer SUBJECT: ST.-TROPEZ AT DELRAY BEACH FINAL BOUNDARY PLAT DATE: August 20, 1998 Attached is an agenda request for Commission approval of the final boundary plat for St.- Tropez At Delray Beach. The subject property is being platted as a condition of site plan approval. Also attached is a location map and reduced copy of the plat. If acceptable, please place this item on the September 8, 1998 Workshop meeting for Commission approval. BC/gm attachment cc: Randal L. Krejcarek, P.E., City Engineer Richard C. Hasko, P.E., Dir. of Environmental Services Paul Dorling, Principle Planner Barbara Garito, Deputy City Clerk file: s/engadmin/tac/sttropez/agrnemo.doc ~ J I, Jll !1 LIN TON BOULEVARD LA'Vl~R'$ SITE AGENDA ITEM NUMBER: AGENDA REQUEST Request to be placed on: Consent Agenda X.__~__.X Special Agenda __ Workshop Agenda When: August 25, 1998 Description of agenda item (who, what, where, how much): Approve award for sidewalk repairs (various locations) within the City per Palm Beach County Annual Contract Number 98054 to Wynn & Sons Environmental Construction, Inc. for a total cost of $19,748.25. ORDINANCE/RESOLUTION REQUIRED: YES NO Draft Attached: YES NO Recommendation: Award to Wynn & Sons Environmental Construction, Inc. for a total cost of $19,748.25. Funding is from account code 334-3162-541-63.11. Department Head Signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: Yes ~'" No Funding alternatives: '~' 1 ~ (if applicable) Account Number: Account Description: Account Balance: City Manager Review: Approved for agenda: Yes ~ No Hold Until: Agenda Coordinator Review: Received: Action: Approved Disapproved [lTV OF DELRI:IV BEI:I[H DELRAY BEACH  100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · (561) 243~7000 AII-AmericaCity 1993 TO: David T. Harden City Manager FROM: Oj~obert A. Barcinski Assistant City Manager DATE: August 18, 1998 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING AUGUST 25, 1998 BID AWARD - SIDEWALK REPAIR ACTION City Commission is requested to award a bid for approximately 1,060 l.f. of sidewlk removal and replacement at various locations, to Wynn and Sons Environmental Construction, Inc. under the Palm Beach County contract #98054 in the amount of $19,748.25. Funding is available in account number 334-3162-541-63.11. BA CKGR 0 UND Proposals for sidewalk removal and replacement at ten (10) critical locations were received from two (2) companies, Wynn and Sons Environmental Construction, Inc. under the County's annual contract and from Jam-Rock, Inc. under and existing City contract in the amount of $22,110.00. Staff feels that the attached listed locations needing repair are first priority areas. We are recommending that repairs of these areas be contracted out in order to speed up the repair schedule. RECOMMENDATION Staff recommends a bid award to Wynn and Sons Environmental Construction, Inc. for the removal and replacement of approximately 1,060 l.f. of sidewalk at various locations in the amount of $19,748.25 under the Palm Beach County contract #98054. Funding is available from account number 334-3162-541-63.11. RAB/tas File: u : sweeney/agenda Doc:O81998a. doc THE EFFORT ALWAYS MATTERS ~'. p. (~o~) 561-24~-7314 ENGINEERING DEPT 211 P02 AUG 18 'DB 08:11 +407~43915~ CITY OF DELRRY BE~CH ~ ~3 R~ ~? '98 11:~5 AUG--14--~ i~=~G ~M --.' SONS ENVIRONMENTAL CONSTRUCTION, INC. ~, FL a~l I ~077 ~,~ RECEIVED s~oN ~v~. PUBLIC WORKS D~Y REAC~FL. 33~ ~: S~EW~.,K ~P~ (,'~IOU~ ~ATO~S) FILE COPY PROPOSAl, IS BAfI~D ON PAI~ BI~ACH C~ .¢lqNU~ CONTRACT ItcJ~0~ & YOUR IIi)CATIONS LISTED ON PAG£ ATTACI-I]~ DATED ITeM ~.3 4' CONCRETE 677 ~ ~ $20.25 PER SFY ..................... $13,'/0~.25 ITeM #25 4" CONCRF.,'I~ 677 8/Y ~ $9,00 PER 8/'/' ...................... TC)TAI. PRICI~. ............................................................................................ $11}~741,25 TI-tis PRICE DOE8 NOT I'MCLLq)£ ANY M.O,T. OR ~ARR~C-ADF. S OF ~~ 561-245-7314 ENGINEERING DEPT 211 PO5 AUG 18 '98 08:11 0@/17/98 18:59 U PRO~AC PRO~SAL 5U~I~ TO, ~P~i, DATE, . ~?' ~~.' ~~ ~/ J ACCEPTA OF R ~ 8i oullined ib0vi. City Of Delray Beach Del~artment of Environmental Services ~ E M 0 R A N D U M TO: gA' '~: ~ ............ ~3 ~ ...... .- -,7 , ~ .......... '-- , , m :~_~b~ .... --". ,~z m ~: .~: -. "' ~ ~,, " I have review~ your tist of ~id~WalK8 needing repair ~nd foe! that the fo!lowin~ ahould mc,~ive first Pdorl~: ~ ~,~ ........................... Linear E~ Fe ~ Cou~ 10 NE Sth St. baleen NE 2nd and 3r~ 30 Pah~ Cou~ Oixt e Blvd. (sOuth side) 100 Dix e Blvd. (no~h side) 100 N ~ winton Ave - NE 3rd to 4th Str 10 S~ Laker[aw DR 100 34~ SW 10th Ave ~ " 15. N ~ win~on'Ave (various segments on bo~ sides) 250 NE 2nd Ave (various segments on both sides) 430 S~ 8th Street CIP proje~ planned for ~e~ year Will in~tude sidewalk repla~ment. An questions or comments, please give me a call. cc ~{~hard ! (asko, MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER f~I SUBJECT: AGENDA ITEM #~.~- SPECIAL MEETING OF AUGUST 25, 1998 RESOLUTION NO. 49-98 (CALLING FOR A REFERENDUM ELECTION CONCERNING EXPANSION OF THE DDA TO WEST ATLANTIC AVENUE) DATE: AUGUST 24, 1998 On May 28, 1998, House Bill 4127 regarding the DDA expansion became law without the Governor's signature. The bill proposes to expand the DDA boundaries to include the West Atlantic Avenue corridor between Swinton Avenue and Interstate-95, generally one block north and south of Atlantic Avenue. It also increases the DDA Board from five to seven members, increases the number of Board members who must either own property or pay property taxes within the DDA area from three to four, and increases the number of affirmative votes to approve an action from three to four. As a condition precedent to their effectiveness, a majority of the registered electors within the boundaries of the current and proposed DDA area must approve the amendments. The DDA has decided to hold this referendum election in conjunction with the general election on November 3, 1998. Pursuant to City Charter and Code provisions, the City Commission must call for this special election and provide for certain details required by the election laws. While the City will coordinate the legal and administrative requirements with the Supervisor of Elections, the DDA will be responsible for the cost of holding this election (pursuant to F.S. Section 100.011). One aspect of House Bill 4127 relating to the powers of the Downtown Development Authority is not subject to referendum and became effective upon the bill becoming a law. Section 4 of HB 4127 provides that the Authority shall, in addition to its existing functions, "participate actively in plans and programs to encourage economic development and promotion of the Downtown as a prosperous DowntownArea". Recommend approval of Resolution No. 49-98 calling for and authorizing the Downtown Development Authority Referendum Election to be held on November 3, 1998. ref :agmemol8 ~~ ~ ~ ~ C~ ~~~ RESOLUTION NO. 49-98 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ORDERING AND PROVIDING FOR A REFERENDUM ELECTION TO BE HELD ON NOVEMBER 3, 1998, CONCERNING WHETHER AMENDMENTS SHOULD BE MADE TO THE DELRAY BEACH DOWNTOWN DEVELOPMENT AUTHORITY ACT (CHAPTER 71-604, LAWS OF FLORIDA, AS AMENDED). WHEREAS, Section 5.07 of the Charter of the City of Delray Beach, Florida, and Section 34.03 of the Code of Ordinances of the City of Delray Beach set forth procedures for the calling of special elections; and WHEREAS, this resolution shall serve as notice of such special election; and WHEREAS, Chapter 98-503, Laws of Florida (House Bill 4127 which became law without the Governor's signature on May 28, 1998), authorizes certain amendments to be made to the legislation pertaining to the Delray Beach Downtown Development Authority; and WHEREAS, the provisions of Chapter 98-503, Laws of Florida (House Bill 4127) require as a condition precedent to the effectiveness of certain amendments that a referendum election be held. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELPJ%Y BEACH, FLORIDA, AS FOLLOWS: Section 1. That a referendum election is hereby ordered to be held in the City of Delray Beach, Florida, on November 3, 1998, to determine whether amendments to the Delray Beach Downtown Development Authority Act (Chapter 71-604, Laws of Florida, as amended) should be adopted as set forth in Chapter 98-503, Laws of Florida (House Bill 4127) which is attached hereto and expressly made a part hereof. Section 2. That the polling location(s) be as determined by the Supervisor of Elections for Palm Beach County, Florida, and all qualified electors of the City who vote in said election shall vote at said designated polling place(s). The polls shall be open on the date of said referendum election from 7:00 a.m. until 7:00 p.m. on the same day. Only the duly qualified electors within the boundaries of the current and proposed Delray Beach Downtown Development Authority area will be permitted to vote in said referendum election. Section 3. That the City Clerk shall prepare and give notice of the referendum election above required by causing a copy of this resolution, with an appropriate caption, to be published at least twice, once in the fifth week and once in the third week prior to the date of said referendum election in a newspaper of Heneral circulation in the municipality, the first publication to be not less than thirty (30) days prior to the date of said referendum election. The City Clerk shall also cause, pursuant to Section 34.03 of the City Code of Ordinances, a notice of the referendum election to be published in a locally distributed newspaper, two times, once each week in the two weeks precedinH the week of the special election. The City Clerk shall secure from the publisher of said newspaper an appropriate affidavit of proof that said notice has been duly published as herein set forth, and said affidavit shall be made a part of the record of the City Commission. Section 4. That the question to be submitted to the electors at said referendum election shall be substantially as follows: The "Delray Beach Downtown Development Authority Act" throuHh Chapter 98-503 expands the DDA area to include properties lyinH Henerally west of Swinton Avenue, east of Interstate-95, south of Northwest 1st Street, and north of Southwest 1st Street; provides for a seven member board with two terms commencinH on July 1, 1999; requires four members to meet ownership and tax payment qualifications; requires four affirmative votes of the board to take action. SHALL THE ABOVE-DESCRIBED AMENDMENT TO THE "DELRAY BEACH DOWNTOWN DEVELOPMENT AUTHORITY ACT" BE ADOPTED? YES FOR APPROVAL ( ) NO AGAINST APPROVAL ( ) Section 5. That the returns of the referendum election shall be canvassed and certified in the manner provided by law. Section 6. That the Supervisor of Elections of Palm Beach County, Florida, is hereby authorized and requested to make up and certify a list of names of all qualified electors within the boundaries of the current and proposed Delray Beach Downtown Development Authority area. A certified copy of such list shall be furnished to the Clerk and Inspectors of the election at the pollinH place(s) where the votes are to be cast in said election, and a certified copy of such list shall be filed amonH the records of the City of Delray Beach. Section 7. That said election shall in all other respects be held and conducted in the manner provided in and by the laws of the State of Florida. - 2 - Res. No. 49-98 Section 8. That this resolution shall become effective immediately upon its passage. PASSED ~ ~OPTED in special session on this the 25th day of August, 1998. ATTEST: City ~le~ - 3 - Res. No. 49-98 House Bill 4127er Page 1 of 29 House Bill 412?er CODING: Words ~ are deletions; words underlined are additions. ENROLLED 1998 Legislature HB 4127, First Engrossed 1 2 An act relating to the Delray Beach Downtown 3 Development Authority, Palm Beach County; 4 amending chapter 71-604, Laws of Florida, as 5 amended, by amending the Delray Beach Downtown 6 Development Authority area description to 7 provide for inclusion of properties west of 8 Swinton Avenue westward of the current Downtown 9 Development Authority area to include those 10 properties lying approximately south of N.W. 11 1st Street, and properties lying north of S.W. 12 1st Street, bounded generally on the west by 13 Interstate 95, all such properties lying within 14 the municipal boundaries of the City of Delray 15 Beach; providing for seven members on the board 16 for the Delray Beach Downtown Development 17 Authority; providing that four members of the 18 Board of Directors of the Delray Beach Downtown 19 Development Authority shall be owners of realty 20 within the Downtown Area, a lessee required by 21 the lease to pay taxes, or a director, officer, 22 or managing agent of an owner or of a lessee 23 thereof so required to pay taxes thereon; 24 requiring at least four affirmative votes of http://www.leg.state.fl.us/sessiort/1998/house/bills/billtext/html/billtext/hb4127er.html 8/20/98 House Bill 4127er Page 2 of 29 25 the authority to take any action; authorizing 26 the authority to actively participate in plans 27 and programs to encourage economic development 28 and the promotion of downtown; providing an 29 effective date. 30 31 Be It Enacted by the Legislature of the State of Florida: 1 CODING: Words str:[c]~cr~ are deletions; words underlined are additions. ENROLLED 1998 Legislature HB 4127, First Engrossed 1 Section 1. Section 3 of chapter 71-604, Laws of 2 Florida, as amended, is amended to read: 3 (S'.3.O~tantiai rewor'i.:ing of seC~;i.o:!. See 4 sect:ton ] of ::~'~. 9&-476, Laws oi Florida, 5 6 Section i. DOWNTOWN AREA DESC:RiF'~ZON-- 7 The [}ownt:own area inciudes ali lands lying 11 [:~ro~ection of' the north line of the south half 12 cf Lot 13, Plat of t::he Frac:t::iona] Eas~: Half k~i__:LSh!._ ~x~..k.....2LLt x t..~Lr '~_...fe.f:...,..~...h.'~if..~ ~.N.:~ __~2! 15 Plat Book i, page 25 of the Pablic Records of 16 Palm Beach County, Florida}; :::hence in a http ://www.leg.state.fl.us/session/1998/house/bills/billtext/html/billtext/hb4127er.html 8/20/98 House Bill 4127er Page 3 of 29 ~ 9 h:~i..~-~_..".~.~''i¢......L?~-A2.~..-.~.~'......~.!?.....:~:~.~.~.%`:...~: 21 riaht of way for Andrews Avenue; thence 22 souther]..v aiona sa.id centeri:[.r~e to the easterly 23 ~roiection of t. ne south ,oro[~_%[.il_...~_~_~_~t~...l~fl. 25 a2ona said easteriv pro~ection, and said south 26 property line to the west ~roperty line of the 27 ~%~i~.f.9~.~ n %~_.:~°m d ° ~<~.~3~Y-;. 29 Cabanas Condt, minium to '[.he south o~:otoex':tv !.i. ne 30 off the Grove Condominiura; r:hence westerly 2 COD~: ~ords e{~c-]~e~} are deletions; words underlined are additions. ENROLLED 1998 Legislature HB 4127, First Engrossed 1 oi' Se,~breeze r~ .... ,.-,...,,.,,..., ....... s.~..,~ .......... ~ 2 F..i~..~...~....A~..~A...~..~......r.~:,.::....[dr`..~..e.:..:5~i~.~.~i.~.L..i:%2.}k~....~..~-5~?.. 3 2k!~.....!.~..,.i?.A~..~i.?:.~.,'.:.?.~;:;~...:~.5.....R~..~.. 5.~.~ 4 Fiori. da); ther~c:e no:]:':.h a].oncr said east. Diaz 5 i:[.m~'[: t::o Z. ne r~or'%he.~stt corner of: i. ot 21, 6 said Piar of Seabreeze Park; thence westerly 7 a!on,~ the north line of said Lot 21 and the 8 ,~,esteri. y proiection thereof to the west olat 9 limit of Seabreeze Park; thence southerly along 13 56 or:. the Public Records of Palz'r Beach Co~;nty, hEp://~.leB.state.~.us/sessioW1998~ouse~ills~Hltex~tml~illtex~b4127er.html 8/20/98 House Bill 4127er Page 4 of 29 15 to the sou~.hwest corner of said Lot 29; thence 17 the intersection wieh 18 !irxe of East Road 19 Lowry Park Esta%es); thence sou{;hwesteriv alone 20 said west fiche of wav line to ihe northeast 21 corrier of Bait Terrace Cor:dominium; Thence 22 southerly al. on,~ ti',~..~.., eas~ ?~~ of. the 23 Bart Terrace Condominium and the southerly 24 exr_ensien ?.hereof tea ~oint of intersection 25 with ~'-- south riqht of way line of East 26 Ati!.ant:'..c Avenue (als,r, known as Stat:e Road 806); 28 line of East Atlantic Avenue !o the 29 intersection of the centerlir~e of the 30 intra, coast, ai Wa~:erwav ric:{hi:: el: way; t_her~ce 31 norhheriv a]c;'~,t~ said ::'er:~:crl :;'~e (:): t:ne 3 OODZ~G: ~ords ~eken are deletions; words underlined are additions, ENROLLED 1998 Legislature HB 4127, First Engrossed 1 int:racoastai Wa~er'way t:c; 'the i::~:er.'sect:i, or~ ~,J. th 2 tNe easterly pro'~ect::~,:.m el: the cer~t::eriine oi 5 cer~te]:ii, ne of N.E. ist S*~reet riqht of way to a 6 Doint: of i. nt::ersection with the southerly h~p:H~.]eg.state.fl.us/sessioW 1998~ouse~ills~illtex~tml~illtex~b4127er.html 8/20/98 House Bill 4127er Page 5 of 29 . ~.::.!.s.±..9.~-~-.~e:~-~.~C~-:~!..~-::L.c.::~--.~L-~..~..~L ::-~.2~.5 -i.L-.i.~.~.~-.A-~rz 10 'the Public Records of Palm ~e~ch County, 11 Florida); thence nor~heriv along saids~..n,_~_~+"'.~'"~.v 12 Droiection of the west line of said 14 nore~=~ly aq,,rw: the west lot lines ef Lots 20, 15 lc, ......... i8, !'7, ].6, ~, i4, 13, !2, and !.1. of:' said 16 Block 115 ~o The northwest corner 18 rwl, re h e'--n .... ' ~ . ......... ........ Block 19 !.,ot ii to -~,e ............ 22 18, ii, 16, 15, 14, 13, 12 and !.ot ii of said 23 B]_ook i. 1.4, to the ner~:hwesE corner ef Lot i!, 25 ne~thezn Dzojeczion of l. he wesl line of said 2 6 i~ C) il i ] 'k. O il h e S O '3 t h w e S 11 l: <> 31 i! .2:17. c3 !{: 28 Thereof as recorded in Pist Boo}: 2, Paoe 79 of 31 ]4, 13, 12, il, !0, 9, 8, 7, 6, 5, 4, 3, 2, and 4 CODING: Words -~-' ........ ~ ...... are deletions; words underlined are additions, ENROLLED 1998 Legislature HB 4127, First Engrossed 2 L,:.,t I, c,,:.i sa:i.d B.i.,::;ck i.i,.".'; therc:e http://www.leg.state.fl.us/session/1998/house/bills/billtext/html/billtext/hb4127er.html 8/20/98 House Bill 4127er Page 6 of 29 3 ~'lc-~n{-] f.h~:~ northern :i}ro'iection of th~ ~c~s-r' 4 of said Lot i to the intersection wi'hh the 5 centeriine of the richt of 6 .6.R..~i?..%~_ k.i..h.~!K!.%e ....~N.R ~%! 9.~ %i. %%.9!n {/~ ?~.....29 r~ ~:.!}! }i ~ 7 O if ~,Y. E. 4 t h $ ~'~ .r e e t t. o t h e c e rz~ e r i i n e c f t h e 8 r.J.~ht, of. wav of N.E. is% Avenue, ..... un~zce 9 ~ou.~herly_along said centerline of N.E. 10 Avenue to the intersection with the centerline o:: the x.zgnt: of way of N E. 3rd Street; 12 easterly a!onq sa:]..d ~r,+-- · line c,f 73 E. 13 Street r_o the intersection of tke northern 14 2;~,'~'~il~il.t/i!_lli_'12A.....:::i~ .~'~ ~ = ~'~- ~ tn,, e,~,_!L...2..il2?.l.hi:~ t-'='~= = ~ .2_.!121_i~. ~.-~. '~=i._.i...Ci..~'~-._._.!=, ........ . ~.!.92 z_... ~. ~l !L.~. t._.!..~..L_., ff.. ~..i~....x..._._ i.. ~__..xi.._..k!!_-: t .h}. {ri ! ! r:r _...62 ~_}-r..:r!. ff.h!.~._....i'< 19 sa:bi orojectior~, to the nor'~heast cc:,rner of Lot: 20 i '-": said ~qi.a'h of the R. ~ ..... ~' .... Block 21 thence ..od ..... ~lv alonq the east line of ~t~ i, 22 _..k._l~, ~, ........ I~, ............ 2~, ................ o, i..~:~___12', ~, ~, ~', ...........~,!_._k ....... 21Li...._i'~-'~ --, ............. '~-'~12."2._111% 23 souther!.v src~"%~ct, liorl of [.he easTi line of Lot: 25 .~h~...._i'_:!.!'i2l.._....lil..~...gd~.PP{{e~-- ...................................................................................................................... of Lot. i, Bloc}: 75, 27 a]c, rzc[ t:he east i:i. ne of i..o':s i, '", 3, 4, 5, an{ii 28 6, s~:~.~l ~..~.::;{::.~ 75, 29 Lo~t ? of said Bloc}: 75; thence westeri,~ along 30 the north line of Lot 7, Block 75 and the 31 westerly projection of said north line of Lot 5 CODING: Words st:.ri::~k<:n are deletions; words .lrlcJe}.[ ined are additions. http://www.leg.state.fl.us/session/1998/housefoillsfoilltext/htmlfoilltext/hb4127er.html 8/20/98 House Bill 4127er Page 7 of 29 ENROLLED 1998 Legislature HB 4127, First Engrossed 1 /, Bioc:k 75, i::o 'the ceF~.~::eri".i:~e o'f the N.E. isz. 4 to its intersection with che center!ine of N.E. 5 ist Street; thence wester].y along said 6 centerline of N.E. ist Street to the 7 intersection with the centerlin¢ of the Swinten 8 A~;'enue right of wav and N.W. 1st Street; thence 9 in a. wester.]y di. rec:tJor'~ aic. r~c~ {::he {:enteri.:~rze of 10 ~J._d_z_ i s c j~..kr e 11 the centeriine of N.W. 3rd Avenue; c. hence in a 12 southerly direction aiona the cent:e.rlLine of 13 N.W. }rcJ Ave:r~ue to ~ pc}ir~:: o~ .~n~:ersec:ti:.,r~ ~ ~ .~.h.2......2.~.2.~.2.~..~2~...~-~..t-~.e.i.~ru.~d~:.~:2.......n2.~-~.2~.~..~.....~.in.~k~`t~. 16 Page 38, as recorded in the ~:~ublic :ueco:~ds of 17 Palm Beaah County, Klorida; thence in a 19 L~l~e ~L2.~ik~..~-~.~2.--.~L{~.jik..k.~.~.~..~k....~.E.;4....~.~2.....~:t9~2.~-~:.2.~..k~ 20 exterlsi, orl thereof, '~o a Do.:'._~rL Oi: in'kexse,l:tJ, orl 21 with the cen'ter.i, ir:e c,f 'the nc;:[:tr~/sou~::h :eii. ey of 22 said Revised Plat of Eiock 36; thence in ~ 2 3 .~ ~} }iLk~.gL~'..~..Z._.9{4..~.~7 ~}!. ~.?.L~. ~.A.2~!2....2.~.!~ .....~; ~:.~7 ~.?. ~!A2S: ~..?.. 24 [;oint of intersection with the eastez:i.v 25 extension of the south line af Lot 2i, of said 2 6 ~:2]!~..e_2.~.._Fi.~e-~_9!_~.AP q.~ _2_~_.k..~.hg.2g!_.~ 28 south i.J.ne of said Lot 21, and the wesEeri, v 29 extens.J, on thel~:eof, t.':.; e Do:',n~:. c}f :i.n"ilerse2tior h~p://~.leg.state.fl.us/sessio~ 1998&ouse&ills/billtex~tml&illtex~b4127er.html 8/20/98 House Bill 4127er Page 8 of 29 30 with +..v,,,~,= :zenteri:ine of N.W. ~,~,~ Avenue; 'thence 31 in a northerly direc, tion along said cen%erline 6 CODING: Words strich-cn are deletions; words underlined are additions. ENROLLED 1998 Legislature HB 4127, First Engrossed 1 to a r¢oint "'~ Jr~ter'sectio.n wi'Lb +..v,.. centeri, ine 2 of N.W. ist Street; t:hence ir~ a wester.i.v PiR..e..%P~..'=_...i..%....e_. 5 souther].y extension of the centerline of the 6 nortzh-south alie} of Block 27, said D!at of the 7 Town.sz'-~ Linton {nc~.,.~,.~ ...... half of ~iock has 8 N.%.%[!...R.~:C?!.{G.5 ed ._!2_.15:.1!9 .. P ke R....::%~ ...5:{} {?,}14'i{..!, 9 Block 27, Pia~ Book 21., page ,{3, as i:e(go//oed i. rl 10 the Public records '-': ~.~.. Palm Beach 13 ~,,-,~-+-.v-, ..... -~,,.~, alley, and 2he noz"r.r~eriv e::t ....... 14 oS said ........ erlin~ ..... to ~:,oint 04:: in,_~ro,_,_,~xon.~ .... o .... 15 with the centerline of N.W. 2nd Street; thence 16 zn' a '-we~,_s~er!v direction aionq_, the cenuerline of 17 N.W. 2nd Si::r'eet ~o a ~.:o:.r~E of.~.4,~¢ersect~..orz w:z. th 18 '~'~ '~..~ze norther].v extensi, en ol 'the west i_ne of Lc, t 19 }._~,.._..._~3at of Melvin S. r~"~-4 "' ...... Pla~ ................................................... ~.~:.t.=...x.t.?.~%9 ~ YASA.F{}!.~ .......................... 21 -,.~:~-c.,,-,4~- ,.,~: Palr: 7~eacch o.. -p. ; ~' ..... '"' thellcG 22 .:l.:~ a ,.., ,x ..:~ .... z d.:krect:[or~ .5i<>ng sa:::x ex::.er'xsiorn, ....... ~ h i t_~ 2z_-2 t t_..~..L.....~_ Z.._.. :.:.I_.....!..L.__'X.L__. ~ http://www.leg.state.fl.us/session/1998/housePoillsPoilltext/htmFoilltext/hb4127er.html 8/20/98 House Bill 4127er Page 9 of 29 25 to a point at the south wes~ cornet ,of said lot 26 8; ~n~r~,'~ in a ',.~ ~', · ~ ....... t,-~=? di'rection a!,oT~c~ the 27 westerly ex'::er~si, on of t:he so~th i:ine c,f sa.id 29 of Melvin S. Burd Subdivision, to a point of z~t .... ~ ...... ~ of a line 135 feet east of and 31 parallel with, the west line of Block 19, said 7 CODZN6: ~ords ,stricken are deletions; words underlined are additions. ENROLLED 1998 Legislature HB 4127, First Engrossed 1 oiat of the Town ,'of Linton; the:'~ce in a 2 sokzt:herly direction along said 3 a point of 'n .... e-e~ ~,i~h i.=ue~a ...~ .... Ori .... a Lille m.~.~ feet 4 norsh oE and parallel w~h, ..... ~u,_n line: of 5 said Block i. 9; thenc:e in a 6 a.iong said ii. ne to a point ,:..f intersectic, n with ~ _,...r.t..tt.~:._. ~.t...:i.}i.....t .2.c hz .t:........'~ ~t'::..}:_ I~.- X t ti't. 4: -% r.t:', r. ~. ::..t.......:!.n ~ t.?_...h ti.hz. 8 east line of said Block 19; thence in a 9 southerly directi, on a!.onq sai. d line, and 10 so~t:heriy exte'ns..i, or. thereof, ~:,o ~s ooi. n[: of 11 in%ersection wizh :he cente:iine oi N'.W. !st 12 Szz'eet; thence in an easteriX direction along. 13 said. centeriine to the point, of intersection 14 with t:~ ..... northerly ex~.en~on~ :: of a line 135 feet 15 east of and sarallei with, the west line of 16 S~ ock 20, saL~_?A~L..9..~...~!!:9~ ?M! ex ..~ ...... ,,, and pa:c,~il, ei line h~p://~.les.state.~ms/s~ssio~ 199~o~s~ills~illt~xt~tml~illt~x~b4 House Bill 4127er Page 10 of 29 19 inte~:section wit~, '~00 ........ ' ~, a line 20 ~r~ ~ -,-'+--~ he ................ ~,.~....~, t north line of said Block 20; ' "=-+~ direction alone qa~d 22 Dara!iel line to a eoint of intersection wi~.h 23 ~he west line of said Block 2~'~; tr~e:nce ir~ a 25 co~ner o~ Lot ~7, Blc,,-k ~2 cf e~-,= p~;,r c.f ~}-,e 2cz %.1--~__%_.._--.._% ............. .CrC%t.t__....t...._.C..._..:/ ........ 26 Monroe Subdiv~-~ior~, Pla¢ ........................................................ i.~ ............... f .............. i _.. h......X...~ _.....f.h. 27 :i:e ::o:~::ded :[ n i:: he Dubl i c r ec,.l,r ds c., 28 Co',:n~-y, FlorJ. da; thence i.n , ' ....... '~,' wea ~..~.~... v direc't, ion 29 alono ~1~,~ south ~ ..... ' ............................. t.:.:.:_:: .................. - ~_~ ~5.__P_5__{!A C~ PE'!h_i_:~u.__.~] :19 30 }2e~l:9!..}..X._i%~LSns.}on Zhereof, to a noinz of 31 :~..r2~uersection wi. th the cent:er!ine of the 8 CODING: Words s't:::r:.:[c2kc, n are deletions; words .:nderl::...r..ed are additions. ENROLLED 1998 Legislature HB 4127, First Engrossed ,.,~,[.o.,...,~ .....o,:, ,_~enoe ir'-, a northerly (Izrection ~,~,~ said centerl~ne to a }aoint of 4 ~.5.~.~Z~.?.S.~!.S~L._..}-i~..t~_ ~_h~._..9.e.%~.~..~.~_~.Z.._~.Ei~9 :O!A~!._pS th9 5 north line of Lot 26, of said Block 12, Monroe 6 Subdivisi.,:/,n; t. hen,le .i. rl 3 wesw'le:r-!y di. rec{li.,r,r; 7 along said ex%ension, ;~,.~r~ r~or[:.r; :.::ne ,..,.~ said 8 Loc 26, 9 ~.e &.r}!_s!.......&n.%_.e_%_s_s..2.%_.&.:{}n_....k!{! }!....!..h.~: 10 N ~/r. ?th Avenu. e; t:hence in a souLher!v 11 direl{:ion along sai. d cen%eri, ir~e to, a DoJ. nt of 12 ~ ~+~ ~' ._ ~ ....... >e._,.=o;, with the easterly extension of the http://www.leg.state.fl.us/session/1998/house/bills/billtext/htmFoilltext/hb4127er.html 8/20/98 House Bill 4127er Page 11 of 29 ~.:ri:~2.r.t.c_A!?!_-'___.h:..5.._~.%:.~.~ .. ! i..~..........~_¢~ ~/.::-..5:......?....L_..:~.~ .~.:::~.......~...¢: q%.k._ Tv.-,r r',~:~ ~,-' .q4 **4 c-~ -.?,- ~, '.~ ~"c 4 -~ -:, ::c'~ e~ -~-~ · 16 !:.ne o:f.' said Lo~:/ 2'7, and the westerly extiiension 17t~,=z~ eu.~, and the south line of Lot _~6 and 25, 18 Block 4, said Plat of Monroe Subdivision, and 19 the~-.~*-erl.,,: ,' extension of said Lot 25 to a 20 Oo:int: of intersection with the centerline of 2 ~ ~.~..~..~.~.L%..~z[L..._~G:.t~t:~.9.. !.Air4_.q~L~!~..f~ r..&..~.n.~:.. F 2__ f~_ 23 in~:ersect:i, on with tNe east:e.rlv e:<t:ension of the 24 soa'.?, line of the Plat of West:: Side Heig?:ts, ~.i..2.....h.......~..}i_l{.lX.. ~ll..{.._...%.ll}.l~.l{ .,..Y...t..{........iiLLT_ ~..i.'71!"~.i{.lil~.......~.!.t.....]L~.i2' 27 {:hence in an westerl}, direction ai. onc{ said 28 extension, end :he south line cf said P!at of 29 ~l[S..~.S__6~i~..~_..[!9~9hZs, and the westeri¥_s..~!~SlSo~ 9 CODING: Words .... ~'-'~ .... are deletions; words ende~'~ ';'~-' ........................ ~(t are additions. ENROLLED 1998 Legislature HB 4127, First Engrossed .~p/u~?~,r_ll~ direction alonq said centeriine to a r>oi. nt of intersectier~ with the easterly extension of the north line of Lot ii, Block 2, _~..~.iA... ?..&.....iL~..~.5..~..&g_.....~ ~.~.~.5..,........ ~!.~!......~:lih......!.~k_~.~.~.~........!!.~_ OO~iN'kV, Fio~:i. da; 'thence J r~ a wes: e!: }. ~ direct: ion ail. eno saJ d ext:.ens:[on, and the qort: r'! ]ine of h~p://~.leg.state.~.us/sessfoW1998~ouse~Hls~illtex~tml~flltex~b4127er.html 8/20/98 House Bill 4127er Page 12 of 29 8 saic: Lo'c 12~ and the .......... ' 9 n,:,:~:t:h line of said Lot ]], and the north i:..ne 10 of Lot 30, of said B2ock 2, and the westerly ~xz=,~mo,, of the north line of Lot 30 to a 12 r:,oJ, nt of ir'.tersestior~ w:[t}'~ the ceni:er'iine cf 13 N.W. ii'Zh Avenue; toer:ce in an westerly 16 ~nence in a ~: ertv direction~-':.~n,.~ the north 17 .i:[ne o:[: said l.,ot 14, and the w~-~]~; extensJ, or~ 18 ~m~r~-,~ e .... c.{ ~ ,-~ inter,~mt{O~ with the 20 said }}.].a~: cf A'ci. arzt[<: Pi.P. es; %:herce i~'.. a 23 ~xtension of the north line of Lot. 34, of said 24 ~.i..r, ok :' '~'b,,:,r, ce i.n a westerly .:.....~.. {_ .. 25 ii.'::!_..:n {iR......! {..:::..~h'z~_5_ ~..}i_....::..~-r:PAL5 %!. e2FXi__.xLi .:: 27 r:,oint~z~ intersection with the oenterlin~ .... of 28 N ............. W. .lS't-}~ Avenue; c~.~e in a southerly. 3 0 ~= ~ !_~.~C~.2. 5' } .?.5_....~<~...~.5.._5 h ~......5.5. ~..5 e ~4 .}..y..e z ?.P: s i 2.5......~ { ....~.h ~ 31 south ::ne of Lot "~ 81ock i, o~ Atlantic t0 CODING: Words st':rl, ckce are deletions; ~ords underlirnNf are additions. ENROLLED 1998 Legislature HB 4127, First Engrossed 1 Par}: Gardens, Plat Book 14, Paqe 56, as http://wwvw.leg.state.fl.us/session/1998/house/bills/billtext/html/billtext/hb4127er.html 8/20/98 House Bill 4127er Page 13 of 29 4 alonq said extension, arld south line of said 5 Let 21, and westerly extension +~..~er~u,~.r, and t 6 south Line of Lot 12, Block I, said Plat ef 8 ex%ensiGn ~hereof, to a point ol ir'~er'section 9 wit::h cen'~ieri, ine of N.W. .13th Aven~.~e; '~'~. :e~._.~ ....... J..n 10 a we s t e r 1 Z._~3! e c tS..gD_./!~!_.~!9_~l!~._.fi!_..~.h.~' .~121.2P_i.2.l.!~!h_.i _.h..h }_!.%_...t._..!.~ _..Tk~...h .....r X..{..._.r .~.~.~ %_ i_.{ ._... 13 ,'~=,..,~.-~e'~,..,.... :in the ~=.~bllic: recoirds o:f. P~in Beach 15 alon~ the sou~h line of said Lot 12, and ~he 16 we~f'e,'i.v_~ .... ex,ansi, on cnereor,'' ~' and the ...... ~:O?~f'h line X. ~. til~.i 21..5:. ~.~i..'~l ~2 !_.....Z':i:Z_~_~.I'2 1!_2 ~x_9_h.._i:. t Z x.__.. }}. }5 2! }.{.5..t. 5 ';.. ;_ !..h__i:: 2!~.~_.:'2 21 E!ock 4, said Plat Gl Odrr~anns Subciiv:i. sior; 22 thence in an easterly direction alor-:~ r. he .~.~ i.i.r.. ~' ;.... t~. '!.~..:f....~.hl .~ ..._~..~..L .......!tit :x2..h :.~. r..... ~x % ~..n. h ~ m..Z.....r...: ~:..~ .:. i.~.~ 24 'the::co:f, and u:r~e noz:th ii. ne of Lo-tl 12, sa:id 25 [~' - ' 4 and the easteri; ...xl ...... sion t e~-. 26 a point of inZ.ersection with the centeriine of 27 S.W. i3th Avenue; thence in an eesreri~ 28 d:irect.ion to a po:iht at the northwest corner of 29 Lot 12, Block 2, s~:id Pi.a::: of Atian'~:::[c Paz:k 30 r'-,~, e~-~,-~ 4~ a? ~ee,-7~, ~4 ~m, t4~ '2{ ~ ~2rli il!. ~--~ ' {2~li Ii~--~ ' ' ~ ~, u . ~ ~, ~ ¢, z ~ ~ ~ 5~_..'~ ~ _....2.i~__.~.~..::_....i_....L....~!i ~....._.2.i.t.~:....r..hLhl.h..:r.~_%~ 11 CODING: Words s{:r:Lckcr: are deletions; words ~r',Sc~r'iir:xcd. are additions. http ://www.leg.state.fl.us/session/1998/house/bills/billtext/html/billtext/hb4127er.html 8/20/98 House Bill 4127er Page 14 of 29 ENROLLED 1998 Legislature HB 4127, First Engrossed 1 exte_r'~si, or'~ theieof, arid ENO n.'_',<~lh .i:.Jr~e of i.~ot 2 2i, of said Block 2, and the eas~l:er!v extension 3 thereof, to a point of intersection with the 4 centeriine of S.W. i2th Avenue; thence in a 5 southe~!y direc'ci, on alonu said center!ine to a 6 u;oint of in. tersection with the westerly 7 ~.E~.~i!~.iP~_...&~.....!.(d.....!~.}A~:.h......!. 8!~.......2!.........~r2.L..._.k~...~...._....Ei.2.5..~5.....}..~.. 9 63, as recorded in the r:~r~]..ic records of Pelto 10 Be~c'h County, Fi. cf.:Ldo; "::nenc'e ..Ln en eesteri},, 13 thereof, and the south line of Lo'~ 22, and the ~ easterly extension thereof, to e r~oin'~: oi:.' 15 intersect, ion with cenEeriine of S.W. iith 17 sa.id cen'~eri.:Lr~e tc. a r>c>:L.r':t: of .ir~te:r'sec~::~.or'~ 18 Eno weste:r:iy ex':::ens:Lor~ o:'.:.: the so.:{::h line o~' ~ 9 2.k....E!.?..Gz.!.~.....~..% ~....?.~..~G ...~d......5.~. ! ~Gi. ~:..:~....2.~..~.~..~..;.!.~..~. 21 ex'tens:Lc, r~, and the sou'?, .i. ir~e of said l.~ot 22 and the e.~ster!v ex,:ohs:ion thereof, ~m~ the 24 easterly extension thereof, to a point of 25 intersection with the centerline o~ S.W. 10th 26 Aven'.~e; thence %n an eas~erl, v direc%ion to a 2 7 .~.~.~ ~d....~!.....~h~.....~..~.i~.~..h.?~.~.~ L....5;..2.~..~..~.....~ ~. ~.~. % ... http://www.leg.state.fl.us/session/1998/house/billsPoilltext/htmlPoilltext/hb4127er.html 8/20/98 House Bill 4127er Page 15 of 29 29 "~' ~-~, as recorded in the public records of Palm ~ ............. along the south line of said Lot 10, 12 CODING: Words stric]:c.n are deletions; words .x'~oe:r'..!.:i. ned are additions. ENROLLED 1998 Legislature HB 4127, First Engrossed 2 south line of ~'~ot 19, of said Block i, and the 3 easterly extensien thereef, to a Doint of 4 intersection with ~he centeriine of S.W. 9th 6 said cente:~:'~ 5r~e to a ~:,o:~nt of :inzez:se:::t::l. or with 8 6, Block 2, said Plat of Belair Heioh[s; [hence 10 and the sc, u'kh ~ ~r~ .... of said 11 t:: he <' .... ~ e .... ........ ...,. ~,_~..=.~t corner of said Lot: 6; 'thence 4~, a 13 Lot 6, and Let 5, to a Doin~ of intersection 14 ~'i.'th a line .... 5'~',rho,~ feet nerEh o~.'=, and parallel 15 ~:[.th, Lhe south iine of Lot 9, Plat dj[ the 17 as r.:~r-or'ded in the t}ubiic records of Pair[ Beach 18 Coun%)z, Ficrida; Ehence i:i ar~ easteriv' 19 direction along said line to a ?:~:i.n~:<.,=' 23 the ~,este.rlv extension of t:he sc:,ut:h line of Lot hnp://~.leg.state.fl.us/sessioW 1998&ouse&ills&illtex~tml~illtex~b4127er.html 8/20/98 House Bill 4127er Page 16 of 29 24 16, Bi. Oc~ ::3, Plat of the S'~bc,::i'.:,:]sior~ oil B]..,::,ck 25 5, Pi.al: Bo,':,k 2i, Page 4~, as re::::orded ir'~ the 27 thence in an easterly directi~ along sa}d 28 extension, and the south line of Lot 16 and Lot 29 25, of said Block 5, and the easterly extensien 30 of The south line of said Lot 25, to a point of 31 inZe~sectien ,~.,ith the centerline of S.W. 7th 13 OODZ~G: Words ~ri. cksr: are deletions; words ur~deri:i.r'~ed are additions. ENROLLED 1998 Legislature HB 4127, First Engrossed 1 Avenue; ther:ce in an easterly 3 o:~::,' ~- ~',,'i ..... ~araile'! with, the._ nor~.h' line ~""'."'~...,.~. ....... is", 4 sa:id Pla':: c:,~ t:.ke Town of l./.nl:..l;L, a~'c] i. he wes~:: .!.~.i.!12...._ :!.i___tt_:L T!:{....X~i. II2:{..{i......rl.!t !.........iiil.t il.{ 2.111 ._...~..t{..........iLi..~,,..~ 7 of ir~i:ersect:ion w.i'kh a line i35 westo~.':', and 8 ~ ~ ra ii i e i w ::: t: h~_'~l: he ...~!61k._....:k :J :l? _?!~ .~/_.%.J~ ::J ~J ii p.j~..~ ~; 9 :-e~:-c= in a norEherlv direction alone the 10 directly aforementioned -r D=-=l:em line to a 11 ..... ~o::~:'"~ of intersection with a line 250 fee':. 12 north of, and parallel with, the south ii:ne 15 CO a DC}l[.~lt Of '~ rre'~'~S~r'~"lJ..OI~ ~zJi th 16 .2,'fl S.W. 6th Avenue; thence :in a northerl~v 17 .......... ~' '- '- http ://www.leg. state.fi.us/session/1998/house/bills/bilhexffhtml/billtext/hb4127 er.html 8/20/98 House Bill 4127er Page 17 of 29 18 intersectic, n with a line 290 nortln of, and 20 'Piat of the ?own of 'L:intc,;~; 't?~enc:e .5. r: 21 ¢~sts:~:.].y di. rec~::ion alonc~ said 22 a Doln_ om ii-iuersecTlo~ WiE~ a ilp. e 52, ieee 23 eest of, end parallel with, ~he west !is!e of 24 sai.i Sic>ok 21; t:hencc ir~ a sou~.k(~ri.v direcLiorl 26 a eoint of intersection with The centeriine ef 27 ~...~:~ ~. ~:-+=a~ Street; thence in en e~sTerl~ 28 di:~{ection a.i. or~c{ said centeri, ir~e to a point of 29 J.~terse{tt~ion with the s~'~+'~'}~ 30 the wes~ line ef Lo! 27, Bioc~k 14 CODING: Words s~cr'ickckrl are deletions; words ur'~d~=rlli, r'!:P:J, are additions. ENROLLED 1998 Legislature HB 4127, First Engrossed 4 the ~,esg: i:i. ne of Lots 27,~:."c~, 2':}, ~..~'~, 23, ~.."".:.., 5 ~.!~i~!~,!.:.lz._._i..~_c._..~..i_~_ _i.!~.L_i2_Li.,9___3._E~i.._A rl..%%,~.S " n,_,., un i. of said i.,of 1.4, and 9 Pi~}_gi.~Y.. extension thereof, to a point of 10 q-~e~s=-- ~-~' ~,~ith centerline o~ S W. ~n ..... ~,~t ~ the ~ . 4th 12 said c'en?2erl, i.}le {io a DoJ~-?.i oJ: i.~{~}ersec'~:ion wi. tN House Bill 4127er Page 18 of 29 t3 !:he cer't:er!:ine c,J:.' $.W. ist St:r'~et; t:henc~ in an 15 ist S~reet ~C~_q~n~)f i~_t_~y~se~~ ,~it~_~h~ 16 centerline of S.W. 3rd Avenue; thence in a 17._.,~_~=.~.~,~'~,~ ~-~" d~'~etion aion9 the ee~terline of 18 S.W. 3rd Avenue tc a moint of intersection with 21 Center, Plat Book 60, Pac. e ].2,~, as recorded in 22 t:he ~ubiic ~:eco:rds o! t:he Pai. m ~ea~::h Count:V, 2 3 ~!. f~ ~..~..~.{~{. ~...._3~.:-~..%S!.~.......:~!L.. ~ !k....?~ ~ !.~.2h...i~.:k :i.~: g !.~k2!k. A~..q %.9 25 of Palm Beach County South County Judiciai ...~nu~I., aTid ea~.,Terly extension ~,,_._..f, to a 27 eoint ef intersection wi~h The centerline of 29 d:} rect :[.on along said 30 inte:~:sect:[on with l:.he 15 CODING: Words e<e.5-ake~:~ are deletions; words unde,ziined are additions. ENROLLED 1998 Legislature HB 4127, First Engrossed %he center!i, ne oi:.! S.W. ].st: Street t(:,, a point inv_ersec~,.ion with v_he cen~er!ine of S.W. is~ the center!ine of S.W. ist Avenk~e 710 a u<hJ. nt i. ntersectl:i, or: westerly extl:ens:ion of t:.he south Ai :: ~:: .~ ~i.....~0 ~:.. b......~i..~..~' ~.~..! l,....! ~, ~.:::L.... ~i..~.::...:~d ..!.~-~.~....! ?~ h~p://~.]eS.st~te.~.us/sess~o~ ] 998~ouse~]]s~Hltex~tm]~H]tex~b4 ] 2l~F.ht~] 8/20/98 .~.;~..¥j2!l~_....~Y:~.±i~ ..._P_~..~iSkL ~!.!.X t.M........~.~ ~.::L.....h.i ~ .~...... ~..::.~.::~..~. ~: _..!.~..5 tx._..~..t. 9 Lots i, 2~ 3, 4, said 51ock 6i, and the 10 eas...~ ..... y ext:ension of saz.:i Lot ~ to a Dc, fin'tl c,f 11 intersection wi~i~ the centerline of Swinton 13 of S'winton Avenue to its inter ~ect ion with the 14 '-,=~ ',, projection of the north line of Lot n ~ ..... . ,..erl, , , 15 Diat of the Subdivision of Block 69, Plat Book 17 c,:f Pa.hl Eeac}' ........... 18 ali. eno sa:hi westleriv ~:c;c. lec:tl::.or~ to Lhe nOrtl:h}~est: .': x }X..~li..:': ~_..!Ai._~ !~i..hJ_....~.!i..}a.__L..{._... ::.LL r..: i.h t!.._..N.g.. %!.._2 _! "2.!:.9_.~_L ! m 5t.~.i...LAi_.%..~.liN:..._.l~.i_...9..e.~.~......!.9..:::.......: ..C......kl{....hii..x... 24 to the northwest corner of said Lot 2~; thence 25 ea. ste:uiy a.].on~j t. he north line of s3.:~d Lot '}'~ to 26 t::he rc,:c'theast, corner of se.:.d i.o':: 24; thence 28 north line of said Lot. 2,; ~o the intersectic, n 29 w'it'~'~ ~ Ne ce~'.i'leri...ir'e of t:he ri(l~?'t: of waV of S.E. 30 ~ ~* Avenue; ~ t~,,.~ so.'Jl..heri v .al] c,~i(I said 31 cen%erline of S.E. !st Avenue ~o ~he 16 CODING: Words ~tric?~ are deletions; ~ords underlined are additions. ENROLLED 1998 Legislature HB 4127, First Engrossed 1 in;::ersec'~.::ic, n wi.::i~ {:he ce::t:.eriir, e .'::,~! ~;:he riqh:: http ://www.leg. state.fl .us/session/1998/house/bills/billtext/html/billtext/hb4127er.html 8/20/98 House Bill 4127er Page 20 of 29 2 of wav of ~ E. 2nd c,~-~.~ ..... _ ...... .... o u ~, se,., thence ,':,ast~:,r' 3 alonq sai. d ~r.~-. '~. ,~ o+' S.E. 2nd ..... r~et the 4 intersection o~ :he no~therl~k~!'_9_~ec:io~ o~ th~. 5 ~i~...~ine o~ Lot 2, Roebucks Resubdivision 7 :r:ecorded in Piat:: Bock 2, ~:~,'~e 19 ,o:' t:he Pubi:i.c 8 Records of Palm Reach r ..... ~,, Florida)- 10 the west line of said Lot 2 to the ao.r't, hwest . , ,..v. .,-.- so.~t:Ne:r:.i.}, aiong 11 corner of sa:t.o Lo'L 2; ~..,~e:, 12 ~h~ wes~ line of Lots P I ,, c 6 n n ~ 3 .!._i_._.i ~2L_~ '~._. ~'_ ~._~i! 'i! ~ ~' ' '"'~~ '~ir '~22..tlt 14 Block i03 to thesouu~we..~~ +*' ' ~+' corner of said Lot 16 ,.~ r. he west ii~ .... of said 5or: '2 to t. ne 17 intezsec:ion wi~h the centeziine ei the riaht 18 of way of S.E. 3rd 'St.r'eet:; t:hence east. erly 19 along said ......... ~'~ ........ ' ,..e~.[,..~...~.~ ~e ...,: S.E. 3r:d Street tL'::'{ i.':.t..+.it.ff..!.~. ~..~.r.., ~X.':.i.:i~ t '::.q:. 22 accordinq to the plat thereof as re,:z:o:r'ded in 23 ?iai [~ook_~.'P.,, Page 52 of eh~..~ Public Records off 26 zo +"~',~:,~, .... sout:hwes2 t,,,_,,.'-,"",-'~,~:.~ of sa. lid i.,ot i'3; tlhence 27 ~'Ort'!~r'l'w alonq' +':'~ w~t' lot;: line o::f Lot;s 13, . %..%Z........_~_ t'.'LL_..t_i~!..,._...!..Z... C.._.%2zL....~ t.. t:._L_.. ~. [:i..{ .......~i:t_t.........%.%.C.....%. ti.L.._..... % t .{'! %.....~....t.. (. 30 /Ior'tl.hwest corner of L.:C)'C 24, ,:,f sa:ici Gz:acev-Bvrd ........................ ~r_~c.e .~ ~.~.,...,. ~, ~!OLC. i il. he 17 CODING: Words stric}:sn are deZetions; words ',~} ~ ..... ~:~=a are additions. http://~.leg.state.fl.us/sessio~199g~ouse~ills~illtex~tml~illtex~b4127er.html 8/20/98 House Bill 4127er Page 21 of 29 ENROLLED 1998 Legislature HB 4127, First Engrossed 1 northern Droiection of the west line of said 2 Lot-24 to the southwesY corner of Lot 12, ..~,o~.~,_. ..... c, or Block zt8 (accordir:.q to the 4 thereof as recorded in Plat Book 2, Page 8 of 5 ~ Public Records of Palm. Beach County, Y.m...~%t.~.%.¢. _~ ........k.~ ~ ~ L~.N.~.....U.i:~= :::.:)...~ ~ e..Z.... Et % kt.t ¢~ :rtt.E.V...5.:~. ~:..~..t..~.~5.9 7 O:E i.;O~S ].2, ii, 50, 9, ~, '?, 6, 5, 4, 3, 2, and 8 i, c>i:.: said subiJ, vis:~of of B.ioc:4 1i8 ::o the 9 norzhwes% corner of LoZ i of said subdivision 12 Let i to ee~ ~, ~, ~+. of Lot ...... ~,~nt~,v ........ corner 24, Block 13 ii?, said ~iat of th~ 16 so'~.:t:hwest: corner oi:. Lo't. !8 of s;sid Block 117; 19 oas':: ::.:i. clht of waV ii. ne of S.5]. 'Tth 20 t::hen,::e no:[:l:he:r:iy along the eas'a richt of way 21 line of S.E. 7th Avenue to the northwe'st corner 22 of Lot 12, Palm Scuare, an unrecorded olat 23 located in Bi. ock 125 and Block 133, said plat 24 of the To~r~ ef i. inton; thence ~"~.....t'~',.,..~ ~'~ ..... .... 25 th~ norzh ~.~r ~' and 90 ..... =znes of Lozs 12, ,~o ~.q .._~..~ ....................................................................................................................... ~ .}/-C.-,lC.l_f .......................... 26 of said unrecozded ~az of Palm Suuare, and 27 easterly~.;-'.r..o~'-ct:[.on~,:: ,~+: .... ~'?',e no:u~:h line of sa:kd 28 lot o~, to ~ ~ o,:l, in': o.f :ir. terse.:2t:.:ic}n ~.:[.'::h :::he hEp://~.les.state.fl.us/sessioW 1998~ouse~ills/bi]]tex~tml~illtex~b4 ] 2?er.html 8/20/98 House Bill 4127er Page 22 of 29 29 e. as~. riqht of wav line of the i'ntracoast, ai 30 ~' .... ~'~ ..... h~ ,-~ .... 18 CODING: ~ords stricksn are deletions; words underlined are additions. ENROLLED 1998 Legislature HB 4127, First Engrossed 1 io.2tP2,.~est {.-.',l~rner of the h{.~ii!.%}i ~.!.. z~.i.~.i._..!:_}~ :.~.!} n~2..S!Pif!l......~.. 5 c,l:r;ner of !..o'i; A, John B. Rei. d'-s Viiia.'}e 6 S',2bdivision. {accozoir:o ~:o the pla}~ r. hereof as 8 Re~3,l,:rlds of Pa.im Beac;}i 9 east:.eri, v a.li..,{;r~a the ~:oui"b .[Li. ne oi:. sa:Ld L,r.,t A, 12 ~'~r'~e o:[ ;"'+ "7, B.lo,zk C 13 9e:[,i's V.i.i..i~cle Subd:ivisic}n ~:o ':;:he nor~:r:vvest;. .}:"t{.t..!i.}%t.........k:'t....._~¥.%..i..h{..., .X.I(. ~1 .......'.. ~.....i:.~.~ 15 north line of said LoT 7, ~o zhe northeast 16 corner of said Lot 7; ther~ce southerly aionq 17 tlhe eas?i line of. sai. d Lo't:: 7 't::o t;he southeast 19 direction to the southwes( cornez of LoE 8, 20 Bi.c~ck 4, c~--~ .... ~,..:~n Park Subdivision taccording to 21 'ohe ~lL. at 'hNereef.' as recorded in Plat Book 5, http://www.leg.state.fl.us/session/1998/house/billsPoilltext/html/billtext/hb4127er.html 8/20/98 House Bill 4127er Page 23 of 29 24 sour. h line of said Lot 8 ro the southeast s ~.~. ,.~ Lot 26 dire,x:ion along the east line of Lots 8, 7, and 27 6, to the norYheast corner of said LoE 6 (beinq 29 i.n P:*~*' Book 5 r>~,,.,c~ 15 cf the Public Records 30 of Palm Beach Count..},, Flor'ida); ,::her. ce e~ster]v 31 ZO the ~ ~ sout~ .... ~_ cornes of LoT 8, Block 19 CODING: Words ee~.P%.e.~ee are deletions; words ~u'd,,~rlined are additions. ENROLLED 1998 Legislature HB 4127, First Engrossed 1 said ~- ~ P.ark q"~'h ~','''; oI:-~,' ........ ] ....... o ......, ll. hellce ~ .... 3 southeast corrier of said LoC ;3; :her:cc 4 no, rt)'~erl,f a]..on::~] the eas~ .l.:[:r:e of said .i..;,r,t: 8 and 5 Lot V to t. he nort:hwest .:'c:,.:'.~e:[ o:~: Lot: 6 ~{ off said Ocean Par}: Subdivision; ~hence 8 to the northeast ~..J~.ner"-~','~ of said .Lot 24; thence 9 easterly t:o %he northwest corner ,.i i.,,..,z. 7, 10 Block 2, oi said Ocean Park Subdivision; thence 11 in an easterly direction a!enq the nerth line 12 of Lots 7 and. ?4, Block 2, of said Ocean Park 13 SibcJl[.'?.l[sic)rlt tlc the rior':Pe~stl c(;)rneF c'.J] i 5 ~.L..kRk.~_!.,_!~x.~_k_k..2C.....~..~4.~.... ~ ~!?..~..~.....5~..~! ~)~__~.;.,..;...:..~.,,, ._~ .... ~ ...... ~ ~ ._. ~ C} iF .L ',~ ~.iC,'FlCll Z[i~! 17 l.::~re o:':2~ ].o::s ].6 and 2, B.io:::k .i., oi:. s~:i.d O:::ean h~p://~.leg.state.fl.us/sessio~ 1998~ouse~ills~illtex~tml~illtex~b4127er.html 8/20/98 House Bill 4127er Page 24 of 29 18 P"ar~< Subd.i.-:;'isi. o:r~ to a r-',oint at ~he nort:f'~aast 19 corner of se.:J~ iot 2, ~..%~..;~._. '2.~f_~Z.~!!..L*..::~..!.!{L!.t_.k.~ RL.~.!:..E.._ ::..9..!..:..:..:::.x...~ 21 ..5:.~2i.ti~.....~ ~.~ x.5_~ ze~_~ ~ b ~ ~.L ............ E..~: ~!h. ~. g: ~: ~. ~! .....A!~. % ..ii ~..._...~.. % k... ~.x....... ~.~.:~ .?_k....~_.~ 22 of said Ocean Park Subdi':;'isi. on 'ko the near'~ hi,:~h 23 ,we~'xer line of the A'~ian~:i.c Ocean; thence 24 5.~f4r}~.~.Za=~ .... .,~ said ' 26 Section 2. Section 4 of chapter 71-604, Laws 27 Florida, as amended by chapter 94-496, Laws of Florida, is 28 amended to read: 29 Section 4. CREATION OF THE AUTHORITY, COHPOSITION, AND 30 PROVISIONS RELATING TO HEMBERS--There is hereby created a 31 board composed of se~en ~..~.~.:: members and to be known 20 CODING: Words ~sichen are deletions; words inderiiReO are additions. ENROLLED 1998 Legislature HB 4127, First Engrossed 1 officially as the "Delray Beach Downtown Development 2 Authority". It is hereby constituted a body corporate and an 3 agency of the City; and performance by the Authority of its 4 duties and exercise of its powers are hereby designated 5 municipal functions and shall be so construed. 6 (a) The City Commission shall by vote of a majority of 7 its entire membership appoint the members of the Authority; 8 and by vote of four fifths of its entire membership, after 9 notice specifying the charges and a hearing held not earlier 10 than ten days after personal delivery of notice or mailing 11 thereof by registered or certified mail addressed to the http ://www. leg. state, fi.us/session/1998/house/bills/bi lltext/html/billtext/hb4127er.html 8/20/98 ~ouse Bill 4127er Page 25 of 29 12 member at his latest known residence, the City Commission may 13 remove a member of the Authority for good cause, including 14 willful neglect of duty, incompetence or unfitness to perform 15 his duty, or conviction of an offense involving moral 16 turpitude. A member so removed shall be entitled to review by 17 the circuit court of the action taken. 18 (b) -Of the initial members, one shall be appointed for 19 a term expiring July 1, 1972, two for terms expiring July 1, 20 1973, and two for terms expiring July 1, 1974; and thereafter 21 each member shall be appointed for a term of three years 22 beginning July 1. Two members shall be appointed commencing on 23 /ul}y ] i[o.ii, owi. ng the referendum auDrovJ, nq the expansion of the 24 ~!gl!..~.~E..~.~Sh._~k?~qlswn_._p.~ZS}opmen~ Authorit~ boundaries. Two 25 ~e~e she-A1 bc a?pointcd for ~-ye~a-P-eerms b~inning July i, 26 27 (c) To qualify for appointment to the Authority, and 28 to remain qualified for service on its, a prospective member 29 or a member already appointed shall reside in or have his 30 principal place of business in the City, shall not be serving 31 as a City officer or employee, and that at least fc~.~:~i '!:~h:~ee of 21 CODING: Words strichcn are deletions; words underli:xed are additions. ENROLLED 1998 Legislature HB 4127, First Engrossed 1 the members shall be owners of realty within the Downtown 2 area, a lessee thereof required by the lease to pay taxes 3 thereon, or a director, officer, or managing agent of an owner 4 or of a lessee thereof so required to pay taxes thereon. 5 (d) Vacancy in office, which shall be filled within 6 thirty days of its occurrence for the remainder of the http://www.leg.stme.fl.us/session/1998/housePoill s/billtext/htmlPoilltext/hb4127er.html 8/20/98 ~ouse Bill 4127er Page 26 of 29 7 unexpired term shall occur whenever a member is removed from 8 office, becomes disqualified or otherwise unable to serve, 9 resigns, or disappears without explanation for a period of six 10 months. The City Commission shall fill any vacancy in office 11 for the unexpired term. 12 (e) Each member of the Authority shall serve without 13 compensation for services rendered as a member but may be 14 reimbursed by the Authority for necessary and reasonable 15 exp~nses actually incurred in the performance of duty. The 16 Authority need not but may require that all of its members or 17 any or all of its officers or employees be required to post 18 bond for faithful performance of duty, and the Authority shall 19 pay bonding costs. No member of the Authority shall be 20 personally liable for any action taken in attempting in good 21 faith to perform his duty, or for a decision not to act, 22 except in instances of fraud or willful neglect of duty. 23 Section 3. Section 5 of chapter 71-604, Laws of 24 Florida, is amended to read: 25 Section 5. AUTHORITY BYLAWS AND INTERNAL 26 GOVERNMENT--The Authority shall formulate and may amend its 27 own rules of procedure and written bylaws not inconsistent 28 herewith. A majority of its entire membership shall constitute 29 a quorum for the transaction of business. All action shall be 30 taken by at least .~?.~..~. ~=~ affirmative votes of the 31 Authority, and each member present shall vote on each matter 22 CODING: Words 3trickcn are deletions; words underlined are additions. ENROLLED 1998 Legislature HB 4127, First Engrossed http://www.leg.state.fl.us/session/1998/house/bills/billtext/html/billtext/hb4127er.html 8/20/98 House Bill 4127er Page 27 of 29 1 unless barred from voting as herein provided. The Authority 2 shall select one of its members as Chairman and another as 3 Vice Chairman and shall prescribe their duties, powers and 4 terms of serving. It shall hold regular meetings at least once 5 a month and shall provide in its bylaws for holding special 6 meetings. All meetings shall be open to the public. 7 The' bylaws may provide for the Mayor of the City, or 8 his representative, to attend meetings of the Board as an ex 9 officio member, but he shall not have any vote or power over 10 the Board except that he shall be entitled to speak on any 11 issue or question before the Board. 12 Section 4. Section 6 of chapter 71-604, Laws of 13 Florida, is amended to read: 14 Section 6. FUNCTIONS OF THE AUTHORITY--The Authority 15 shall perform the following functions: 16 (a) Prepare an analysis of the economic conditions and 17 changes occurring in the Downtown Area, including the effect 18 thereon of such factors as metropolitan growth, traffic 19 congestion, lack of adequate parking and other access 20 facilities, and structural obsolescence and deterioration. 21 (b) Formulate long-range plans for improving the 22 attractiveness and accessibility to the public of Downtown 23 facilities, promoting efficient use thereof, remedying the 24 deterioration of Downtown property values, and developing the 25 Downtown area. 26 (c) Recommend to the City Council and' to Downtown 27 businessmen and residents the actions deemed most suitable for 28 implementing the Downtown development plans, including 29 removal, razing, repair, renovation, reconstructions, 30 remodeling, and improvement of existing structures, addition 31 of new structures and facilities, relocation of any of those 23 http://www.leg.state.fl.us/session/1998/house/bills/billtext/html/billtext/hb4127er.html 8/20/98 House Bill 4127er Page 28 of 29 CODING: Words,~,_: ......... .,_,~ are deletions; words ur~der!ined are additions. ENROLLED 1998 Legislature HB 4127, First Engrossed 1 existing, and changes in patterns of and facilities for 2 getting thereto and therefrom. 3 (d) Participate actively in the implementation and 4 execution of Downtown development plans, including 5 establishment, acquisition, construction, ownership, 6 financing, leasing, licensing, operation, and management of 7 public facilities deemed feasible and beneficial in effecting 8 implementation, but this paragraph shall not give the 9 Authority any power or control over any City property unless 10 and until assigned to it by the City Council under the 11 provisions of paragraph (f) (e) of this section. 12 (e) ~a:~:t:i,:::i~)~'t:.e act:::ive]y :in oi. ans anti 'proqrams to 14 ~.~.._~...~.~.~:.~P.~.~2.~._~.~!~L_~.:.. 15 (f) (e) Carry on all projects and undertakings 16 authorized by law and within the limits of the powers granted 17 to it by law, such additional public projects and undertakings 18 related to the Downtown area as the City Council may assign to 19 it with its consent. 20 Section 5. This act shall take effect only upon its 21 approval by a majority vote of those qualified electors of the 22 area described in section 1 voting in a referendum election to 23 be called by the City of Delray Beach on behalf of the Delray 24 Beach Downtown Development Authority not sooner than 30 days 25 and not later than 3 years after the effective date of this 26 act, in accordance with the provisions of law relating to 27 elections currently in force, except that this section and http://www.leg.state.fl.us/session/1998/house/bills/billtext/html/billtext/hb4127er.html 8/20/98 House Bill 4127er Page 29 of 29 28 section 4 amending section 6, relating to the powers of the 29 Downtown Development Authority, shall take effect upon 30 becoming a law. 31 24 CODING: Words ztrickcn are deletions; words underlined are additions. http://www.leg.state.fl.us/session/1998/house/bills/billtext/html/billtext/hb4127er.html 8/20/98 Date: August 21, 1998 Agenda Item No. ~.,9. ("19- AGENDA REQUEST Agenda request to be placed on: X Regular __ Special __ Workshop __ Consent When: August 25, 1998 Description of Agenda Item: Commission Approval on the Proposed Use of an Additional Roving Clam Truck/BFI Ordinance/Resolution Required: Yes / No Draft Attached: Yes / No Recommendation: Direction Department Head Signature: / City Attorney Review/Recommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes / No Funding Alternatives: (if applicable) Account # & Description: Account Balance: City Manager Review: HoldAppr°veduntil:f°r agenda:~ / No ~ Agenda Coordinator Review: Received: Action: Approved / Disapproved 5/98 To: David T. H~.~Manager From: Josgph M. ,b'aff~~ce Director Date: August 21, 1998 Subject: BFI Franchise Services for ~iscal Year 1998-99 We would ask the City Commission to workshop the following items for the new fiscal year: 1. Compaetin~ and Open-top Rolloff Containers Effective October 1, 1996, Browning Ferds Industries (BFI) was awarded an exclusive franchise contract with the City of Delray Beach for the collection and disposal of all residential and commercial garbage, vegetative waste, bulk waste, household trash, and residential recycling. Commercial recycling cannot be franchised per State Statutes. Compactors and open-top rolloff containers were excluded from the initial contract with the assumption that compactors were used for commercial recycling and that open-top rolloff containers were used for construction debris and were not franchised under our previous contract. Upon initiation of the new agreement, it was realized that there were compacting containers and rolloff containers that were being used for garbage and trash and therefore an amendment was requested to provide for these containers in the Franchise Agreement. Effective December 6, 1996, the City Commission approved Amendment No. 2 to the Franchise Agreement which reads "The Agreement is further amended to provide that all rolloff compactors and rolloff containers that service residential or multi-family units and that are used for garbage and trash collection, regardless of the size or capacity of the compactor or container, shall be included in this Franchise Agreement". As a courtesy between haulers, existing contracts are honored until their expiration. Upon expiration, City customers are required to honor the Franchise Agreement as amended. We would ask the City Commission for an amendment to the Franchise A~reement to allow for the exclusive franchise of commercial rolloff compactors and rolloff containers~ in addition to residential and multi-family containers~ that contain any materials with the exception of commercial recyclin~ materials. Rates should be submitted by BFI and incorporated into our rate structure. It has also currently come to our attention that customers pay a lease or rental fee on a compacting container to a contract hauler. We, of course, do not desire to have BFI franchised to collect another hauler's container for liability, standardization, consistency, and other reasons. Therefore, we would ask the City Commission for an amendment to the Franchise A~reement to allow for the exclusive rental and leasin~ of comoactin~_ containers be awarded to BFI. The lease or /d.$. rental fee should be included in the rate structure of the City and fixed for the franchise tern~ The City Commission should consider whether to charge a franchise fee on this service. 2. Holiday Collection Services The present Franchise Agreement stipulates that there would be no residential services provided on Thanksgiving, Christmas Day, and New Year's Day and that services would resume on the next scheduled pickup day. One of the reasons this was in the Franchise Agreement was that the Solid Waste Authority closed the transfer station on these days and therefore there was no location to take the solid waste. In the past year, this caused a problem in that Christmas Day and New Year's Day occurred on the same day of the week in consecutive weeks and therefore some customers did not receive trash and recycling services for a three-week period. In conversations with BFI, the Solid Waste Authority received many complaints from their customers for the same reason. Therefore, the Solid Waste Authority has changed their hours of operation at the transfer station and will now provide services on New Year's Day. Therefore, we would ask the City Commission for an amendment to the Franchise Agreement to allow for normal residential collection services on New Year's Day. The cost of this service would be $.07 per residential unit per month (no chan~e in cost to multi-family or commercial customers). 3. One (1) Additional Clamshell Truck and Operator Assigned to Code Enforcement The City has been in open discussions with BFI since January, 1998, following the Town Hall Meeting, regarding adding an additional trash/bulk waste collection vehicle and driver that would be assigned to Code Enforcement for a full 5-day period each week. This was requested of BFI, in part, due to comments made by the Seacrest Neighborhood Association representatives that desired to have their collection methods and days of pickup changed which would have set a precedent for allowing future changes by other neighborhoods which simply is not possible. It was determined that the City could focus additional resources into several problem areas on certain days (for example, the Seacrest Neighborhood) and also provide additional resources for illegal dumping on vacant lots and special problem areas throughout the City by using this one additional clamshell truck and operator. Therefore, we would ask the City Commission for an amendment to the Franchise Agreement to allow for this expanded service for residential units (excludes commercial and multi-f~mily units). The cost of this service would be $.46 per residential unit per month, 4. Construction/Demolition Debris in Open Rolloff Containers BFI has submitted an offer dated July 23, 1998 to consolidate these additional services and reduce the $.07 per residential unit per month cost increase for the New Year's Day collection services and $.46 per residential unit per month cost increase for the additional clamshell truck and driver in exchange for the exclusive franchise on open-top construction/demolition debris rolloff containers at the rates contained in the offer letter and a rate increase of $.35 per residential unit per month. This would represent an ability to save $.18 per month to our residential units for the additional services. Considering the City has approximately 16,000 residential umts $.35 per month x 16,000 units x 12 months= $67~200 ~nnual The City would receive a 10 % franchise fee on each container. It is estimated that there are 200 containers per month. Using a 20-yard container rate of $275 per pickup (which includes a 10% franchise fee): $275 per pickup x 200 pickups per month x 10% franchise fee x 12 months= $275 x 200 x 10% x 12 = $66~000 Franchise Revenue to Cit3' Therefore, we would ask the City Commission for an amendment to the Franchise A~reement to allow for the addition of rolloff containers for construction/demolition debris and the acceptance of a 10% franchise fee on their approved rate structures for this service. Fee structures for this service should be submitted for incorporation into our rate structures for solid waste services. We would normally have asked the City Commission to consider having BFI keep the franchise fees and therefore have no additional costs to our residential units; however, we are not sufficiently sure that the number of containers (200) per month is correct and therefore cannot insure there would not be a budget shortfall if we chose this method. We would ask that this memorandum and the attached correspondence from BFI be submitted for the August 25th Workshop meeting for City Commission consideration of these items. encl: Correspondence from BFI dated July 23, 1998 (William Redman, Jr. to Joseph Safford) cc: Lula Butler, Community Improvement Director Barbara Schooler, Utilities Customer Service Manager Mr. William S. Redman, Jr., Market Development- BFI Susan Ruby, City Attomey JULY 23, 1998 MR. JOE STAFFORD DIRECTOR OF FINANCE 100 N.W. FIRST AVENUE DELRAY BEACH, FLORIDA 33444 DEAR MR. STAFFORD; AS PER OUR MEETING ON JULY 22, 1998, LET THIS LETTER SERVE AS OUR PROPOSAL AND COST BREAKDOWN FOR ADDITIONAL SERVICES AS REQUESTED THE FOLLOWING REPRESENTS THE ADDITIONAL SERVICE COST. 1. BFI WILL PROVIDE NEW YEARS DAY COLLECTION TO EACH RESIDENTIAL UNIT. 2. BFI WILL ALSO PROVIDE ONE (1) ROVING CLAMSHELL TRUCK AND OPERATOR FIVE (5) DAYS PER WEEK WORKING DIRECTLY WITH CODE ENFORCEMENT. THE TOTAL COST FOR THE TWO ABOVE ADDITIONAL SERVICES WILL BE THIRTY FIVE CENTS (.35) PER RESIDENTIAL UNIT PER MONTH. IN RETURN FOR THE LOW UNIT COST OF THE ADDITIONAL SERVICES THE CITY OF DELRAY BEACH WOULD EFFECT AN ADDENDUM TO THE EXISTING CONTRACT FOR SOLID WASTE AND RECYCLING SERVICES PRESENTLY PROVIDED BY BFI. THIS ADDENDUM WOULD GRANT BFI AN EXCLUSIVE TO PROVIDE OPEN TOP ROLL OFF SERVICES WITHIN THE CITY OF DELRAY BEACH AT THE RATES STATED BELOW. THESE RATES ARE INCLUSIVE OF ALL HAULING, DISPOSAL COST AND ALSO INCLUDE A TEN (10) PERCENT FRANCHISE FEE PAID TO TIlE CITY. THE ADDENDUM WOULD ALSO GRANT THE FRANCHISEE EXCLUSIVE COMPACTOR RENTAL AND LEASING WITHIN THE CITY. ALL LEASING ANT) RENTAL CONTRACTS NOW IN EFFECT WOULD, BY LAW, BE ALLOWED TO RUN THEIR TERM. I MIGHT SUGGEST THAT ANY OF THE CURRENT CONTRACTS WOULD HAVE TO HAVE AN EFFECTIVE CONTRACT DATE OF SIGNATURES PRIOR TO AUGUST 1, 1998 TO BE VALID. Palm Beach County. 1475 S.W. 4th Avenue. Delray Beach, Florida 33444. Phone 561-278-1717 www.bfi.com av~ Po,,-C.o~u~r ® OPEN TOP ROLL OFF CONTAINER SIZE AND HAULING CHARGES CONTAINER SIZE COST PER PICK-UP 10YD $200.00 20YD $275.00 30YD $360.00 40YD $425.00 BASED ON THE ABOVE RATES FOR ROLL OFF SERVICE AND ESTIMATING, APPROXIMATELY, 200 PICK UPS PER MONTH, USING A 20 YD CONTAINER AS THE AVERAGE, THE CITY WOULD RECEIVE ANNUAL FRANCHISE FEES IN THE AMOUNT OF $66,000.00. THIS COULD IN EFFECT COVER THE ENTIRE COST FOR THE CITY FOR THE ADDITIONAL REQUESTED SERVICES. PLEASE REVIEW AND ADVISE, SHOULD YOU HAVE ADDITIONAL QUESTIONS, PLEASE DO NOT HESITATE TO CALL ON ME. SINCERELY, ~ WILLIAM S. REDMAN, JR. MARKET DEVELOPMENT/BFI CC: MS. MARIE HORNBURGER MR. J.C. CASAGRANDE MEMORANDUM DATE: August 21, 1998 TO: David Harden, City Manager FROM: Lula Butler, Director, Community Improvement RE: Proposed Use of Rovin_o Clam TruckJBFI ITEM BEFORE THE COMMISSION: Discussion and approval of staffs recommendation on the use of an additional Roving Clam Truck supplied by the contracted waste hauler BFI. BACKGROUND: As you know, the City has experienced an increase in the number of vegetative and/or bulk piles that remain at curbside or on private property for extended periods of time because they are either (1) not put out correctly (loose leaves) and the contractor is not required to pick it up; (2) the trash pile consists of loose, unbundled refuse that has been placed within the right of way adjacent to a vacant lot; (3) large piles of illegally-dumped vegetation that appears to be coming from landscape contractors; and (4) early set- outs. We have monitored most residential neighborhoods and conducted pilot projects to test various efforts to mitigate these conditions. It appears that our problem is twofold. The first is related to the existing notice and abatement requirements under Chapter 100 of the City's Code of Ordinances. Secondly, because we work with a contracted company to abate such nuisances, the response times may not be as timely as we would prefer, but are performed within the times specified in their contract. To address both of these problems, staff has drafted changes to Chapter 100 proposing to minimize the required number of notices to the affected property owner, eliminate repeat notices for reoccurring violations and to provide for a more immediate abatement of such nuisances. The proposed use of an additional clam truck, that would be under the direction of the Code Enforcement Administrator, would eliminate the delays under existing private contracts. Thus, staff is proposing the following use of the proposed "Roving Clam Truck" made available from BFI as follows: · That the driver and equipment be under the direction of the Code Enforcement Administrator. · The driver and equipment be used to pick up trash piles cited by Code Enforcement. Hand-in-hand with the new ordinance proposal procedure of immediate abatement of previously cited nuisances, the roving clam truck would be the key in implementing the new procedure. · Pick up trash on vacant City properties or other City-owned property, if it is of a nature not ordinarily picked up by Parks and Recreation as a part of their normal duties and procedures. · Pick up trash in emergency situations considered to be dangerous to the public. RECOMMENDATION: Staff is recommending City Commission consideration of and direction to staff on the proposed use of the additional Roving Clam Truck as provided by the City's contracted waste hauler, BFI, effective October 1, 1998. LB:DQ clam.bfi(Ib) 310 N.W. 2nd Avenue Delray Beach, Florida 33444-2722 Future Home of S.D. Spady Cultural Arts Museum EPOCH HISTORICAL ORGANIZATION August 24, 1998 RECEIVED Honorable Mayor Jay Alperin and Commissioners C[P/CLERK City of Delray Beach '" 100 NW First Avenue E Delray Beach, FL 33444 _~ . Expanding Re: The Solomon D. Spady Multi Cultural Education Museum Dear Mayor Alperin and Commissioners: & EPOCH respectfully requests that you consider in your budget for Fiscal Year 1999 a bequest in the amount of twenty thousand dollars ($20,000) for the development of the Spady project. As you know we received a grant from the State of Florida Historic Resources in the amount p of $150,000, which the City of Dekay Beach Community Redevelopment Agency is Pr~ervtng administering, a sum substantially short of being able to complete the renovation of the structure. During the past year we received an anonymous gift, given through the Delray Beach Historic Society, in the amount of $25,000 and a gift of $5,000 from the Lattner Foundation. 0 Furthermore, as you may recall, the City generously budgeted $10,000 in 1997 for planning Our for the Spady project which was essential in our obtaining the State grant. We have a remaining balance. We propose that the funds remaining be used as part of our request. Our goal with the State grant is to use as much as possible for construction. Please find enclosed an estimate from BSA Construction which states that the first phase of construction will amount to $169,235. The estimate does not include architecture, engineering, and blueprints, C which we estimate will amount to $30,000. Cultural Thank you for your support. We look forward to building together a great cultural facility that the community will benefit from and be proud of, especially the children of Delray. H Sin~rely, Mrs. Vera Rolle Farringt n, President encl. iSA CORPORATION ESTINATED 'HE SPADY HOUSE--BUILDING ONLY COST SU88ARY 1,752 ACSF 0B:44 A8 'ilename: l:\budget\spad¥4.wkl 2S-Aug-98 :id date: OCTOBER 16, 1997 15 ITEN SUBCONTRACT ~ATERIAL LABOR TOTAL 100 6ENERAL CONDITIONS I Final Cleaning 350 0 0 350 2 Equipment Rental 300 0 0 300 3 Nisc, Expenses 350 0 0 350 S Project Closeout 0 0 900 900 7 Signs SO0 0 0 SO0 9 Supervision 0 0 13,S00 13,S00 I0 Temp. Fence/Road 1,000 0 0 1,000 II Temp. Office 1,000 0 0 1,000 12 Temp. Toilet 320 0 0 320 13 Temp. Utilities 940 0 0 940 14 Trash Removal 1,250 0 0 1,250 200 SITEWORK 6 Termite Treatment 1,200 0 0 1,200 21 Interior Demolition 3,000 0 0 3,000 SO Abatement 1,200 0 0 1,200 ALLOWANCE 300 CONCRETE 1 C.I.P. Concrete 3,000 0 0 3,000 500 HETALS 3 Hisc. Hetals 500 0 0 500 600 WOO0 & PLASTICS 1 Rough Carpentry I0,000 0 0 10,000 2 Finish Carpentry 2,600 3,300 0 5,900 3 Common Labor 2,000 0 0 2,000 6 Cabinets 0 0 0 0 EXCLUDE 9 Rough Hardware 0 SOO 0 500 700 HOISTURE PROTECTION 1 Roofing/Sheet 8etal 4,500 0 0 4,500 BO0 O00RS, WINOOWS, GLASS I Finish Hardware 0 500 0 500 ALLOWANCE 4 Wood Windows 2,100 26,000 0 28,100 6 Glass & Glazing SO0 0 0 500 B Hirrors 75 0 0 75 900 FINISHES I Framing/Wallboard S,550 0 0 S,5SO 2 Stucco & Plaster 14,000 0 0 14,000 3 Ceramic Tile 1,300 0 0 1,300 5 Restore Fire Place 600 0 0 600 ALLOWANCE 6 Wood Flooring 4,S00 0 0 4,S00 8 Painting 6,000 0 0 6,000 I000 SPECIALTIES 2 Fire Extinguishers 0 120 0 120 5 Shelving 0 0 0 0 EXCLUOE 8 Toilet Accessories 250 0 0 250 14 Hurricane Protection 4,000 0 0 4,000 33 Access Panels 0 200 0 200 35 Window Treatments 0 0 0 0 EXCLUOE IS00 HECHAHICAL 1H.V.A.C. 4,000 0 0 4,000 2 Plumbing 3,500 0 0 3,500 SA CORPORATION ESTIMATED ~E SPADY HOUSE--BUILDING ONLY COST SUHMARY 1,752 ACSF 08:44 AH .lename: l:\budget\spady4.wkl 25-Aug-98 .d date: OCTOBER 16, 1997 15 IIEH SUBCONIRACI MAIERIAL LABOR IOTAL 6 Fire Protection 5,400 0 0 5,400 1600 ELECTRICAL 1 Electrical 8,500 0 0 8,500 SUBTOTAL 94,285 30,620 14,400 139,305 139,305 Payroll laxeS/Insur 6,480 6,480 Insurance (Liability) 1,015 Bond 2,437 SUBTOTAL 149,237 OVERHEAD 5.OOt 7,462 PROFIT B.O0~ 12,536 BIO AHOUNT 169,23S IIIS"rORtCAL RI~SOURCF'S GILAN'FS-IN-AID APPLICATION PAGE ? 3O) i'RO.! ECT llU i)G ET GRANT MATCHING BUDGET ITEMS FUNDS ~,UNDSlLQCAL CQ~T ~HAR~ SUB-TOTAL INTERIO~EXTERIOR EXIlIBITS Rcsenrch $ 16,~00 Scripting $ 7,000 $ Anlfaet Selection $ 4,~ $ $ 4,~0 Design $ 18,000 $ S ! g,000 FnhriCallo~ . $ 70,360 $ S ~0~0 T~VELING EXIIIBIT Fahriemion $ $,0~ BUILDING RESTO~TION Construction Dn, nm~nls .. $ ~,~0 $ $ 5.0~ Qcn,ml Tc~s pnd ~onqlifions $ 46,.] R4 $. ~ 46.184 'rc~itcT~ahn~nt $ I,~g0 $. $ . . i,~g0 Interior D~molillon $ 6,000 $ ..Ahn~c.m. cn~ S 1,3g0 $... $ . I,~gQ Fonndnllnn Wnrk $ 4,.0g~ $ ~ 4.~5 Carp~n~ $ ~8,808 $. $ . 28,808 Roofing/Gm~cring . $ ~,175 Wimlo3Y R qpla~'mcn~ $ ~3,~ I $.., ~ 33.55 I Fmmin~ff~.~llbnarcl. $ . 12.765 $ ~ 12.765 SItlC*O and Plaiter $ 26,450 $ $ 26.450 Firepln~ r~Ffomllon $, 6~ Rcfinlsh/rcpaid~plac~ wood Ilnorin~ $ 10.350 $ $ 10.~50 Painting $ 10,46~ $ ~ 10,46~ IIIS'ro'RICAL RESOURC .[.~ GRANTS-IN.AID APPLICATION PAGE 8 GRANT MATCHING =.IIDGET ITEMS FUNDS FUNDS/LOCAI..COST SHARE ~;UB-TOTAL ~ t~rri~,'nn¢ Prol¢¢!inn $ 4,96R $. ~ 4.968 , ~0 , Elevator ~ ~,,0 $. $ 32.200 ADA Aecessibililv $ 1 g,~00 $. $ 19,6g0 .. Omdoor Education Center $ 28,400 $ $ ~8,400 Naljonal Register Nominalion $ 1,~00 $ S 1.5~ .-~cquisition , $. $ ~.043 $ ~.~3 -OTALS $ 46a,Oa4 $ 9~.043 $ 560.127 : :: : - .':.: i :': :.: : : : ::"4: ' ~:;:~ ~ ~._.~ ~.~ ~ ~ -, : ": I