02-18-97 Regular DELRA~ BEACH
CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION REGULAR MEETING ~
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COMMISSION CHAMBERS
The City will furnish auxiliary aids and services to afford an individual
with a disability an opportunity to participate in and enjoy the benefits
of a service, program or activity conducted by the City. Contact Doug
Randolph at 243-7127 (voice) or 243-7199 (TDD), 24 hours prior to the
event in order for the City to accommodate your request. Adaptive
listening devices are available for meetings in the Commission Chambers.
RULES FOR PUBLIC PARTICIPATION
1. PUBLIC COMMENT: The public is encouraged to offer comments with the
order of presentation being as follows: City Staff, public comments,
Commission discussion and official action. City Commission meetings are
business meetings and the right to limit discussion rests with the
Commission. Generally, remarks by an in4ivi4ual will be limited to three
minutes or less, (10 minutes for group presentations). The Mayor or
presiding officer has discretion to adjust the amount of time allocated.
A. Public Hearings: Any citizen is entitled to speak on items
under this section.
B. Comments and Inquiries on Non-Agenda Items from the Public: Any
citizen is entitled to be heard concerning any matter within the
scope of jurisdiction of the Commission under this section. The
Commission may withhold comment or direct the City Manager to take
action on requests or comments.
C. Regular Agenda and First Reading Items: When extraordinary
circumstances or reasons exist and at the discretion of the
Commission, citizens may speak on any official agenda item under
these sections.
2. SIGN IN SHEET: Prior to the start of the Commission Meeting,
individuals wishing to address public hearing or non-agendaed items
should sign in on the sheet located on the right side of the dais. If
you are not able to do so prior to the start of the meeting, you may
still address the Commission on an appropriate item. The primary purpose
of the sign-in sheet is to assist staff with record keeping. Therefore,
when you come up to the podium to speak, please complete the sign-in
sheet if you have not already done so.
3. ADDRESSING THE COMMISSION: At the appropriate time, please step up
to the podium and state your name and address for the record. Ail
comments must be addressed to the Commission as a body and not to
individuals. Any person making impertinent or slanderous remarks or who
becomes boisterous while addressing the Commission shall be barred by the
presiding officer from speaking further, unless permission to continue or
again address the Commission is granted by a majority vote of the
Commission members present.
Regular Commission Meeting
February 18, 1997
APPELLATE PROCEDURES
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 does
not provide or prepare such record.
AGENDA
1. Roll Call.
2. Invocation.
3. Pledge of Allegiance to the Flag.
4. Agenda Approval.
Action: Motion to Approve.
5. Approval of Minutes:
Regular Meeting of February 4, 1997
6. Proclamations:
A. Delray Rocks Football Program
B. Calling for the First Nonpartisan Election on March 11, 1997
7. Presentations:
A. Chadda Shelly, Habitat for Humanity Boca/Delray - Collegiate
Challenge '97
8. Consent Agenda: City Manager recommends approval.
A. RESOLUTION NO. 12-97/ABANDONMENT OF EASEMENTS IN CONGRESS PARK:
Approve a resolution vacating and abandoning certain easements
within the Congress Park plat in connection with the
development of the site for SIRS, Inc., subject to conditions
and based upon positive findings.
B. RESOLUTION NO. 15-97/EASEMENT ABANDONMENT AND ACCEPTANCE OF
ACCESS EASEMENT IN CONGRESS PARK SOUTH: Approve a resolution
vacating and abandoning a utility easement within the plat of
Congress Park South in conjunction with the Levenger warehouse
expansion, subject to conditions and based upon positive
findings, and accept a Private Access Easement Agreement.
C. FINAL PLAT APPROVAL/THE CORNICHE REPLAT 1: Approve the final
plat for The Corniche Replat 1 to relocate a 24 foot public
access easement. The subject property is located on the east
side of South Federal Highway, between Harbourside and the
Delray Harbor Club.
2
Regular Commission Meeting
February 18, 1997 ,
D. ACCEPTANCE OF WATER & SEWER COLLECTION SYSTEM IMPROVEMENTS AND
EASEMENT DEED/LINTON OFFICE PARK: Accept a Bill of Sale and
Warranty of Title for water and sewer improvements at Linton
Office Park, together with an easement deed to allow for the
City to maintain the improvements in the future.
E. SECOND AMENDMENT TO ENCROACHMENT LICENSE AGREEMENT WITH LAKE
WORTH DRAINAGE DISTRICT: Approve the Second Amendment to the
Encroachment License Agreement with the Lake Worth Drainage
District which permits the City to maintain its improvements
within the E-4 Canal right-of-way at the municipal golf course.
The amendment extends the agreement for an additional three
year period.
Fo RATIFICATION OF APPOINTMENTS TO THE KIDS AND COPS COMMITTEE:
Ratify the appointment of Kara Kenney to fill an unexpired term
ending April 22, 1998, on the Kids and Cops Committee as the
representative from Pine Grove Elementary School, and the
reappointment of Yvonne Odom as the Carver Middle School
representative.
Go RESOLUTION NO. 13-97: Adopt a resolution assessing costs for
abatement action required to demolish an unsafe building at
2605 North Federal Highway.
H. RESOLUTION NO. 14-97: Adopt a resolution assessing costs for
abatement action required to remove nuisances on 40 properties
throughout the City.
I. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept
the actions and decisions made by the Site Plan Review and
Appearance Board and the Historic Preservation Board during the
period February 3 through February 14, 1997.
J. AWARD OF BIDS AND CONTRACTS:
1. Contract renewal to U.S. Filter/Davis Process for renewal
of the annual maintenance contract for wet scrubbers
located at Lift Stations 1, 4, 11 & 80, at the rate of
$650 per month per site for a total of $31,200, from
441-5144-536-46.20.
2. Grant awards through the SHIP and HOME programs for the
rehabilitation of three single family housing units, to be
awarded as follows: $14,642.25 to Tommy Preston for 501
S.W. 9th Street, $12,757.50 to South Florida Construction
for 311 S.W. 4th Street, and $15,227.50 to Abisset
Construction for 314 S.W. 9th Street, with funding from
SHIP Account No. 118-1924-554-49.19 and HOME Account No.
118-1923-554-49.19.
-3-
Regular Commission Meeting
February 18, 1997
9. Regular Agenda:
A. INTERLOCAL AGREEMENT WITH HIGHLAND BEACH FOR BULK WATER
PURCHASE FROM DELRAY BEACH: Consider approval of an interlocal
agreement with the Town of Highland Beach for the sale and
purchase of City-treated, potable water to the Town for a
contract period of 25 years.
B. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD ACTION/INGRAHAM
AVENUE PARKING LOT: Consider an appeal of the Site Plan Review
and Appearance Board's action of January 22, 1997 to deny a
waiver to the perimeter landscape requirement associated with
additional parking spaces at the Ingraham Avenue parking lot.
QUASI-JUDICIAL PROCEEDING
C. REQUEST FOR RELEASE OF LIEN/THE HOUSE OF GOD CHURCH: Consider
a request from The House of God Church for release of a lien
against property located at 48-1/2 N.W. 3rd Avenue (Lot 11,
Block 36, Town of Delray).
D. SPECIAL EVENT APPROVAL/3RD ANNUAL S.O.S. "TASTE OF THE GROVE":
Consider a request from Pineapple Grove Main Street, Inc. for
special event approval in support of the 3rd Annual S.O.S.
"Taste of the Grove" to be held on March 23, 1997.
E. PROPOSED PEDI-CAB SERVICE: Provide direction regarding a
proposal by a private business to establish a pedi-cab or
bicycle taxi transportation service in the downtown and beach
area of the City.
F. EDUCATION BOARD RECOMMENDATIONS: Consider endorsing Education
Board recommendations with respect to magnet program funding
and the School Board's Seven Year Capital Improvement Program
funding for Delray Beach schools, and authorize the Mayor to
send letters to the School Board Chairperson.
G. APPOINTMENT TO THE EDUCATION BOARD: Appoint a member to the
Education Board to fill an unexpired term ending July 31, 1998.
Appointment by Commissioner Ellingsworth (Seat #3).
10. Public Hearings:
A. ORDINANCE NO. 3-97: An ordinance amending Section 71.060,
"Parking Meter Permits", of the City Code by amending the
section heading to delete the word 'meter', and by removing the
'residents only permit' parking restriction; amending Section
71.058, "Cost of Parking or Standing Vehicle in Certain Metered
Spaces", by adding the Ingraham Avenue parking lot.
B. ORDINANCE NO. 6-97: An ordinance establishing the West
Settlers Historic District and designating it to the Local
Register of Historic Places.
C. ORDINANCE NO. 11-97 (FIRST READING AND FIRST PUBLIC HEARING)
An ordinance amending LDR Section 4.4.27, "Open Space and
4
Regular Commission Meeting
February 18, 1997
Recreation (OSR) District", by adding child care programs as an
accessory use to the principal uses of parks and recreational
facilities. If passed, a second public hearing will be
scheduled for March 4, 1997.
D. SALE OF CITY-OWNED PROPERTY (HOPE 3 PROGRAM)/EVANS: Consider
approval of the Contract for Sale and Purchase between the City
and Genella Evans for property located at 303 S.W. 2nd Avenue
through the HOPE 3 Program.
E. ORDINANCE NO. 5-97: An ordinance amending Chapter 37, "Delray
Beach Code Enforcement", of the Code of Ordinances to allow
code officers to issue Notices to Appear in County Court for
code violations; and authorizing the Code Enforcement Board to
assess enforcement fees upon violators even if the repeat
violation is corrected prior to the scheduled hearing.
F. ORDINANCE NO. 7-97: An ordinance amending LDR Section 4.6.5,
"Walls, Fences and Hedges" relating to screening and reducing
the maximum height of fences in areas which create sight
obstructions.
G. ORDINANCE NO. 8-97: An ordinance amending the LDRs revising
the procedures for processing abandonments of rights-of-way.
H. ORDINANCE NO. 9-97: An ordinance amending various sections of
the Land Development Regulations relative to traffic statements
and studies to conform with the requirements of the adopted
Palm Beach County Traffic Performance Standards Ordinance.
I. ORDINANCE NO. 10-97: An ordinance amending Section 52.39 of
the City Code by decreasing the project inspection fee for
water and sewer improvements, and amending Sections 2.4.3(K) (4)
(d) (e) & (f), 2.4.3(K) (5) (c) and 5.3.3(G) of the Land Develop-
ment Regulations to correct inconsistencies between the LDRs
and Chapter 52 of the Code of Ordinances relating to water and
sewer impact, connection and user fees.
11. Comments and Inquiries on Non-Agenda Items from the Public-
Immediately following Public Hearings.
A. City Manager's response to prior public comments and inquiries.
B. From the Public.
12. First Readings: None
13. Comments and Inquiries on Non-Agenda Items.
A. City Manager
B. City Attorney
C. City Commission
-5-
CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION
REGULAR MEETING - February 18, 1997 - 6:00 P.M.
PUBLIC HEARINGS - 7:00 P.M.
COMMISSION CHAMBERS
AGENDA ADDENDUM
THE REGULAR AGENDA IS AMENDED TO INCLUDE:
RESOLUTION NO. 16-97: Consider adoption of a resolution
providing for the City's intent to purchase the S.D. Spady
House located at 170 N.W. 5th Avenue for use as a museum
site.
WHEREAS, the Delray Rocks Football Program is
sponsored by the Delray Beach Parks and Recreation Department
and the players and cheerleaders proudly represent the City of
Delray Beach; and
WHEREAS, all four teams advanced to the South
Florida Youth Football League payoffs in the League
Championships; and
WHEREAS, the 150-pound team (Coach Ben Leonard) won
the 'National Championship' in their division at the Sports
Network International Competition, held on November 26, 1996,
in Daytona Beach, Florida; and
WHEREAS, the 75-pound team (Coach Gerrell Lewis),
the 95-pound team (Coach Gene Tarver), and the 120-pound team
(Coach Walter Stephens) all won runner-up awards at the Sports
Network International Competition; and
WHEREAS, the 75-pound cheerleading squad (Coach
Debra Troutman), the 95-pound cheerleading squad (Coach Renee
Hickman-Walls), and the 150-pound cheerleading squad (Coach
Maria Jackson) all received an 'Excellent' rating at the South
Florida Youth Football Cheerleading Competition held on
November 16, 1996, in Davie, Florida; and
WHEREAS, the 120-pound cheerleading squad (Coach
Joyce Neal) received an 'Honor' rating at the South Florida
Youth Football Cheerleading Competition; and
WHEREAS, the parents, friends and cheerleaders of
the Delray Rocks represented the City of Delray Beach in
support of the accomplishments of these young men and and women
and their coaches.
NOW, THEREFORE, I, JAY ALPERIN, Mayor of the City
of Delray Beach, Florida, on behalf of the City Commission, do
hereby proclaim the Delray Rocks and Cheerleaders to be
"CHAMPIONS AMONG CHAMPIONS AND AMBASSADORS
OF GOOD WILL AND SPORTSMANSHIP FOR
THE CITY OF DELRAY BEACH, FLORIDA"
IN WITNESS WHEREOF, I have hereunto set my hand and
caused the Official Seal of the City of Delray Beach, Florida,
to be affixed this 18th day of February, 1997.
MAYOR
JAY ALPERIN
SEAL
W~EREAS, the Charter of the City of Delray Beach,
Florida, provides for the calling of a First Nonpartisan
Election for the purpose of electing officers of the City and
such other purposes as the Commission may prescribe; and
W~ER~AS, pursuant to said Charter provisions, it is
provided that a First Nonpartisan Election shall be held on the
second Tuesday in March of each year.
NOW, THEREFORE, I, JAY ALPERIN, Mayor of the City of
Delray Beach, Florida, on behalf of the City Commission, do
hereby call for such nonpartisan election to be held on Tuesday,
March 11, 1997, between the hours of 7:00 a.m. and 7:00 p.m.,
with all the precincts and polling places in the City of Delray
Beach, as designated by the Supervisor of Elections for Palm
Beach County, being as follows:
Precinct No. Pollinq Place
166&166A Lakeview Baptist Church, 2599 N. Swinton Avenue
166B Pines of Delray North Clubhouse, 1641 NW 18 Avenue
166C Country Manors Clubhouse, 4900 Country Manors Blvd.
170 Church of the Palms, 1960 N. Swinton Avenue
171 St. Mary The Virgin Church, 101 Homewood Blvd.
171A Banyan Creek Elementary School, 4243 Sabal Lakes Rd.
17B Temple Sinai, 2475 West Atlantic Avenue
171C West Park Baptist Church, 4004 Lake Ida Road
172 Pompey Park Recreation Center, 1101 NW 2nd Street
172A,B,C,D Cornell Museum/Old School Square, 21 N. Swinton Ave.
173 Delray Full Service Center, 301 SW 14th Avenue
174,174B Delray Women's Club, 505 SE 5th Avenue
174A Sun Sentinel Building, 3333 South Congress Avenue
174C Abbey Delray South, 1717 Homewood Boulevard
175 Pupke Realty, 115 SE 4th Avenue
175A Cornell Museum/Old School Square, 21 N. Swinton Ave.
176 Temple Sinai, 2475 West Atlantic Avenue
176A Emmanuel Catholic Church, 15700 Military Trail
178 Boca/Delray Church of Christ, 620 Bluebird Drive
178A Lake Delray Apartments, 700 Lindell Boulevard
179 Pines of Delray Clubhouse, 2451 Black Olive Blvd.
189&190 Adult Recreation Center, 802 NE 1st Street
Ail qualified electors of the City of Delray Beach,
Florida, shall be qualified to vote in such election.
IN WITNESS WHEREOF, I have hereunto set my hand and
caused the Official Seal of the City of Delray Beach, Florida,
to be affixed this 18th day of February, 1997.
MAYOR
JAY ALPERIN
SEAL
HABITAT FOR HUMANITY of Boca-Delray
600 West Camino Real
~r~T Boca Rat on, Florida 33486
(407) 394-6070
Fax (407) 394-7621
January 7, 1997
City of Delray Beach, Deputy City Clerk
100 NW 1 st Ave.
Delray Beach, FL 33444
Ref: Our phone conversation Dec. 23rd
Dear Ms. Galito,
On behalf of Habitat for Humanity Boca/Delray, I'm requesting to give a short verbal presentation
to the City Commission on February 18, 1997. The subject will be about our Collegiate Challenge
'97 taking place February 23-March 28. During their spring breaks, five different northern colleges
will send groups of 25 studem volunteers to build 2-3 Habitat houses in Delray Beach.
Habitat appreciates the continued strong support of Delray in our mission of providing decent,
affordable housing in our community.
Sincerely,
Chadda Shelly
Collegiate Challenge Coordinator
391-1056
cc: Nita Rasberry, Executive Director
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
RESOLUTION ..N.O.? 12-97
DATE: FEBRUARY 14, 1997
This is before the Commission to approve Resolution No. 12-97
abandoning easements within the Congress Park Office Development
located on the west side of Congress Avenue approximately 1,000
feet south of Atlantic Avenue, in conjunction with the SIRS, Inc.
publishing company development.
Facilities within the water, sewer and drainage easements will be
relocated with development of the site per the site plan approved
on November 20, 1996. New easements will be dedicated for the
relocated facilities and will come before the Commission for
acceptance at a later date.
Staff recommends approval of the abandonment with the condition
that replacement easements be provided and accepted.
Recommend approval of Resolution No. 12-97 based on positive
findings with respect to LDR Section 2.4.6(P) (5) and subject to
the condition that replacement mains be installed and replacement
easements accepted prior to the abandonment resolution being
recorded.
RESOLUTION NO. 12-97
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, VACATING AND ABANDONING
CERTAIN UTILITY EASEMENTS AS SHOWN ON THE PLAT OF
CONGRESS PARK, RECORDED IN PLAT BOOK 44, PAGES 194
AND 195 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA, AS MORE PARTICULARLY DESCRIBED HEREIN,
SUBJECT TO INSTALLATION AND ACCEPTANCE OF
REPLACEMENT FACILITIES AND EASEMENTS.
WHEREAS, the City of Delray Beach, Florida, received an
easements as shown on the Plat of Congress Park, as more particularly
application for abandonment of certain water, sewer and drainage
described herein, said located the west side of
property
being
on
Congress Avenue, approximately 1,000 feet south of Atlantic Avenue;
and
WHEREAS, said application for abandonment of utility
easements was processed pursuant to Section 2.4.6(P), "Abandonment of
Public Easements", of the Land Development Regulations of the City of
Delray Beach; and
WHEREAS, pursuant to LDR Section 2.4.6(P)(3)(c), the City
Engineer has forwarded the application to the City Commission with
the recommendation that the abandonment be approved, based upon
positive findings and subject to conditions; and
WHEREAS, the City Commission of the City of Delray Beach,
Florida, pursuant to LDR Section 2.4.6 (P) (5), finds that the
abandonment will not result in detriment for the provision of utility
services to adjacent properties or the general area, that its
interest in the described property is no longer needed for the public
good and deems it to be in the best interest of the City of Delray
Beach to vacate and abandon said utility easements, subject to
installation and acceptance of replacement facilities and easements.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That pursuant to Chapter 177.101(5) and Chapter
166 of the Florida Statutes, it is hereby determined to vacate and
abandon all right and interest it holds to the following real
property, subject to installation and acceptance of replacement
facilities and easements, more particularly described as follows:
WATER AND SEWER EASEMENTS
Parcels of land in Section 18, Township 46 South,
Range 43 East, 12 feet in width lying 6 feet on
each side of the following described centerlines:
Commencing at the Southeast corner of Congress
Park, according to the Plat thereof as recorded in
Plat Book 44 at Page 194 of the Public Records of
Palm Beach County, Florida; thence, West, along the
South line of said Plat, a distance of 532.98 feet
to Reference Point "A", said point also being the
Point of Beginning #1; thence, North, a distance of
219.87 feet to the Point of Ending #1.
Together with:
Commencing at said Reference Point "A"; thence,
West, a distance of 209.99 feet; thence, North 45
degrees 00'00" West, a distance of 28.28 feet;
thence, West, a distance of 75.56 feet; the last
three (3) calls being along the South line of said
Plat; thence, North 00 degrees 42'04" West, along
the West line of Tract "B" of said Plat, a distance
of 219.02 feet; thence, East, a distance of 12.00
feet to the Point of Beginning #2; thence,
continuing East, a distance of 181.21 feet; thence,
South 45 degrees 00'00" East, a distance of 14.14
feet; thence, East, a distance of 71.49 feet to the
Point of Ending #2.
Together with:
Commencing at said Point of Ending #2; thence,
Northwesterly along the arc of a non-tangent
circular curve concave to the Northeast whose
radius bears North 23 degrees 33'50" East, having a
radius of 120.00 feet and a central angle of 16
degrees 44'58", an arc distance of 35.08 feet to
the Point of Beginning #3; thence, North 89 degrees
49'19" West, a distance of 40.99 feet to the Point
of Ending #3.
The side lines of said parcels to be lengthened or
shortened to meet at angle points and to meet the
property and/or tract lines.
- 2 - Res. No. 12-97
STORM DRAINAGE EASEMENTS
Parcels of land in Section 18, Township 46 South,
Range 43 East, 12 feet in width, lying 6 feet on
each side of the following described centerlines:
Commencing at the Southeast corner of Congress
Park, according to the Plat thereof, as recorded in
Plat Book 44, at Page 194 of the Public Records of
Palm Beach County, Florida; thence West a distance
of 489.59 feet, along the South line of said Plat
to Reference Point "A", said point also being the
Point of Beginning #1; thence, North 03 degrees
09'31" West, a distance of 104.16 feet; thence,
North 83 degrees 33'55" West, a distance of 133.84
feet; thence, North 85 degrees 51'19" West, a
distance of 138.36 feet to the Point of Ending #1.
Together with:
Commencing at said Reference Point "A"; thence,
West along the South line of said Plat, a distance
of 203.98 feet to the Point of Beginning #2;
thence, North 28 degrees 44'06" East, a distance of
135.71 feet; thence, North 29 degrees 20'03" East,
a distance of 126.18 feet to Reference Point "B",
said point also being the Point of Ending #2.
Together with:
Commencing at said Reference Point "B"; thence,
North 23 degrees 17'05" East, a distance of 40.00
feet to the Point of Beginning #3; thence, North 10
degrees 39'51" East, a distance of 109.14 feet to
Reference Point "C"; thence, North 46 degrees
35'28" East, a distance of 127.37 feet to the Point
of Ending #3.
Together with:
Beginning at said Reference Point "C"; thence,
South 52 degrees 39'09" East, a distance of 187.92
feet to the Point of Ending #4.
The side lines of said parcels to be lengthened or
shortened to meet at angle points and to meet the
property and tract lines.
- 3 - Res. No. 12-97
Section 2. That this abandonment of easements described in
Section 1 above shall not become effective and this resolution shall
not be recorded in the Public Records of Palm Beach County, Florida,
until such time as replacement facilities have been installed and
replacement easements accepted by the City of Delray Beach, Florida.
PASSED AND ADOPTED in regular session on this the 18th day
of February, 1997.
ATTEST:
- 4 - Res. No. 12-97
TO: I~ ~. ~~ GIT~. ~_MANAGER
DEC/~~MENT OF PLA~N1NG A~ID ZONING
SUBJECT: MEETING OF FEBRUARY 18, 1997**CONSENT AGENDA**
ABANDONMENT OF WATER, SEWER, AND DRAINAGE/FLOW RIGHTS
EASEMENTS AT CONGRESS PARK
The action requested of the City Commission is approval of the abandonment of
certain water, sewer, and drainage easements located in the Congress Park
Office development. The subject property is located on the west side of
Congress Avenue, approximately 1,000 ft. south of Atlantic Avenue.
The easements are located on Tracts A, A-l, B and E-2 of the Congress Park plat
(approved October, 1982) and are to be abandoned in connection with the development
of the site for SIRS, Inc. Publishing Company. Facilities within the easements will be
relocated with development of the site per the site plan approved November 20, 1998.
New easements will be dedicated for the relocated facilities and will be before the
Commission for acceptance at a later time.
If approved the abandoments will not be recorded until the replacement facilties have
been installed and the City has accepted the facilities and appropriate replacement
easements.
Prior to the granting of an abandonment the following finding must be made:
· That the abandonment will not result in detriment for the provision of services to
adjacent properties or the general area.
City Commission Documentation
Abandonment of Easements at Congress Park
Page 2
The City's Environmental Services Department has no objection to the requested
abandonments, and replacement water and sewer easements are being proposed. No
disruption of services to adjacent parcels is anticipated.
Planning and Zoning Board review is not required for the abandonment of easements.
By motion, approve the abandonment of the water, sewer, drainage/flow rights
easements through the enactment of Resolution 12-97, subject to the following
condition:
· That prior to recordation of this resolution, replacement mains have been installed
and replacement easements accepted.
Attachments:
· Location Map
· Survey
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~/
SUBJECT: AGENDA ITEM # ~' ' - MEETING OF FEBRUARy 18, 1997
RESOLUTION NO. 15 - 97/ABANDONMENT OF EASEMENTS IN
CONGRESS PARK SOUTH AND ACCEPTANCE OF PRIVATE ACCESS
EASEMENT AGREEMENT
DATE: FEBRUARY 14, 1997
This is before the Commission to approve Resolution No. 15-97
vacating and abandoning certain easements within the plat of
Congress Park South located on the west side of Congress Avenue
south of Atlantic Avenue in conjunction with the Levenger
warehouse expansion.
On November 15, 1995 a major site plan modification was approved
for a 99,000 sq.ft, expansion to the facility. The proposed
building encroaches over the platted easement, requiring abandon-
ment of existing easements and provision of replacement
easements.
The request also involves the acceptance of a private access
agreement granted by the owners of Congress Park South to the
City allowing access through the industrial park to the municipal
golf course maintenance facility.
The Environmental Services Department has requested that on
approval of the abandonment, the resolution not be recorded until
the replacement water main has been installed, accepted, and a 12
foot easement provided for the relocated main.
Recommend approval of Resolution No. 15-97 and acceptance of the
Private Access Easement Agreement.
RESOLUTION NO. 15-97
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A
UTILITY EASEMENT AS SHOWN ON THE REPLAT OF CONGRESS
PARK SOUTH RECORDED IN PLAT BOOK 71, PAGES 190 AND
191 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA, AS MORE PARTICULARLY DESCRIBED HEREIN,
SUBJECT TO ACCEPTANCE OF A REPLACEMENT EASEMENT.
WHEREAS, the City of Delray Beach, Florida, received an
application for abandonment of a 12 foot water easement as shown on
the Replat of Congress Park South, as more particularly described
herein, said property being located on the west side of Congress
Avenue, south of Atlantic Avenue; and
WHEREAS, said application for abandonment of a utility
easement was processed pursuant to Section 2.4.6(P), "Abandonment of
Public Easements", of the Land Development Regulations of the City of
Delray Beach; and
WHEREAS, pursuant to LDR Section 2.4.6(P) (3) (c), the City
Engineer has forwarded the application to the City Commission with
the recommendation that the abandonment be approved, based upon
positive findings and subject to conditions; and
WHEREAS, the City Commission of the City of Delray Beach,
Florida, pursuant to LDR Section 2.4.6(P) (5), finds that the
abandonment will not result in detriment for the provision of utility
services to adjacent properties or the general area, that its
interest in the described property is no longer needed for the public
good and deems it to be in the best interest of the City of Delray
Beach to vacate and abandon said utility easements, subject to
acceptance of a replacement easement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF DELEAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That pursuant to Chapter 177.101(5) and Chapter
166 of the Florida Statutes, it is hereby determined to vacate and
abandon all right and interest it holds to the following real
property, subject to receipt and acceptance of a replacement water
easement, more particularly described as follows:
A portion of Tract C, Replat of Congress Park
South, according to the Plat thereof as recorded in
Plat Book 71, Pages 190 and 191 of the Public
Records of Palm Beach County, Florida, described as
follows:
Commencing at the Northwest corner of said Tract C;
thence South 00 degrees 42'04" East, along the West
boundary of said Tract C, 454.63 feet; thence South
00 degrees 09'26" West, along said West boundary,
71.73 feet; thence East, 66.11 feet to the Point of
Beginning; thence continue East, 315.14 feet to a
point on the East boundary of said Tract C; thence
South 20 degrees 59'31" East, along said East
bounda~, 12.85 feet; thence West, 16.80 feet;
thence South, 10.00 feet; thence West, 12.00 feet;
thence North, 10.00 feet; thence West, 290.88 feet;
thence North 00 degrees 19'00" West, 12.00 feet to
the Point of Beginning.
Section 2. That the abandonment hereinabove described
shall not become effective and this Resolution No. 15-97 shall not be
recorded in the Public Records of Palm Beach County, Florida, until
such time as a replacement water easement has been accepted and
recorded by the City of Delray Beach, Florida.
PASSED AND ADOPTED in regular session on this the 18th day
of February, 1997.
ATTEST:
~ City-~erk '
- 2 - Res. No. 15-97
I
il[llll
TO: DAVID T. HARDEN
CITY MANAGER
DEPARTMENT OF PLANNING AND ZONING
FROM: /~ASMIN ALLEN, PLANNER
SUBJECT: MEETING OF FEBRUARY 18, 1997 ** CONSENT AGENDA **
ABANDONMENT OF WATER EASEMENT AND ACCEPTANCE
OF AN ACCESS EASEMENT WITHIN THE CONGRESS PARK
SOUTH SUBDIVISION
The action requested of the City Commission is that of approval of the
abandonment of a 12' water easement and acceptance of an access easement
within the Congress Park South subdivision. The subject site is located on the
west side of Congress Avenue, south of Atlantic Avenue.
The abandonment of this easement is being processed pursuant to LDRs
Section 2.4.6(P), Abandonment of Public Easements.
~ '
The subject easement was dedicated by 'the Replat of Congress Park South in
December, 1993. On November 15, 1995, a major site plan modification was
approved for a 99,000 sq. f. expansion to the Levenger Warehouse facility. The
proposed building encroaches over the platted easement, requiring
abandonment of the existing easement and provision of .a replacement
easement.
The abandonment has been reviewed by the appropriate City departments
which have no objection to the abandonment. The Environmental Services
Department has requested that upon approval of the abandonment, the City
Clerk's office not record the resolution until the replacement water main has
been installed, accepted and a 12' easement provided for the relocated main.
City Commission Documentation
Abandonment of Water Easement and Acceptance of Access Easement for Congress Path South
Page 2
The request also involves the acceptance of a private access agreement
granted by the owners of Congress Park South to the City allowing access
through the industrial park to the municipal golf course maintenance facility.
Currently, the only means of access is over the LWDD canal via a bridge and a
20' golf cart easement. This new easement through the park would provide
alternate access should the bridge become in-operative.
Prior to the granting of an abandonment the City Commission must make the
following finding:
· That the abandonment will not result in detriment for the provision of utility
services to adjacent properties or the general area.
The abandonment will not hinder the provision of utility services as a
replacement water main is proposed.
~!iii~iiiiii~i~ii~i~ii!i~iii!!!~ii!!~~i!~ze~s~=~s~'L.'ii ...'i i'~i'..L.L..i'i'i i..i'i'i'.'i..i'i'i'i i.i'i'i'ii..i'i'i'i~i'i'.i'i'i'i'i'i i'i'i'i'i iii'i'i'i'i'i'ii'i'i'i'i'i'i i'i'i'i'i'i i'i'i'i'i'i'i i'i'i'i'i'i'ii'i'i'i'i".iii'i'i'i'ii i'i'i'i'iii'i i'i'i'i'i'i'i'i'i'i.i i'i'i'i'i'iii'ii'i'i'iii'i i' i"iii'i".' i' i'iiiii'i ~ i mu~i~i~i;i~i~i~i~i~',~',~i;i~?,~i~',i~i~!~i~ :::::::::::::::::::::::::::::: i'i'i'iii i'i'i'i'iii'i'i'i'i'i.li~i~i~i~i~ i'i'i'i'i.i.i.iii !i?,?,
Planning and Zoning Board consideration is not required for the abandonment of
public easements.
By motion:
1. Approve the abandonment of the 12' water easement through the
enactment of Resolution 15-97, with the following condition:
· That the abandonment shall not become effective and this Resolution
not be recorded until such time as a replacement water easement has
been recorded.
2. Accept the Private Access Easement Agreement.
Attachment:
Private Access Easement Agreement
Location Map
A L -33
N.W. 2ND ST, CHEVRON
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ADMINISTRATIVE
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SELF
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I ~ ABANDONMENT OF EASEMENT ]
~^..,~c D~A.T.E.T --LEVENGER WAREHOUSE EXPANSION--
CITY OF' DEI.RAY BEACH. FL
-- DIGITAL 8A$£ MAP SYETEM -- MAP RI[F: LM131
Feb-14-97 04;33P .Jerry Patterson (407)274-8388 P.02
Feb- 14-97 04.-.35p .Jerry Patterson (407)274-8388 P.03
-- F~:~.ll-gr7 10:150A ~54 ~3Z-~1~096 P.04
2
Feb-14-97 04:36P Jerry Patterson (407)274-8388 P.04
F~.11-~? 10:50A 954 ~132-g~096 P.O5
Feb- 14-97 04:38P Jerry Patterson (407)274'8388 P.05
STATE OF FT, OR.IDA . '..
COUNTY OF P,A!-M BEACH
S~
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~'~/I
SUBJECT: AGENDA ITEM # ~(~ - MEETING OF FEBRUARY 18, 1997
THE CORNICHE REPLAT #1
DATE: FEBRUARY 14, 1997
This is before the Commission to approve the final plat for The
Corniche Replat $1, a proposed development located on the east
side of U.S. Highway No. 1 between the Delray Harbor Club and the
Harbourside condominium. The replat is to relocate a 24 foot
public access easement.
Recommend approval of Replat #1 of The Corniche.
Agenda Item No.
AGENDA REOUEST
Date: February 13, 1997
Request to be placed on:
X Regular Agenda
Special Agenda
Workshop Agenda When: February 18, 1997
Description of item (who, what, where, how much): Approval Qf final plat
for the Corniche replat 1 (see attached). This replat will relocate a
24' access easement for the City of Delray Beach.
ORDINANCE/RESOLUTION REQUIRED: YES~RAFT ATTACHED YE~
Recommendation: Staff recommends ~pproval of the Corniche replat.
Department head signature:~
Determination of Consistency with Comprehensive Plan:
City Attorney Review 'Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of
funds):
Funding available: YES/NO
Funding alternatives (if applicable)
Account No. & Description
Account Balance
City Manager Review:
Approved for agenda: NO
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
file:s/eng/eng/tac/corniche/agreplat.doc
MEMORANDUM
TO: David T. Harden
City Manager
FROM: C. Danvers Beatty,
City Engineer
SUBJECT: AGENDA REQUEST
CORNICHE REPLAT 1
DATE: February 13, 1997
Attached is an agenda request and supporting information for Commission approval at
the February 18, 1997 regular Commission meeting of the Corniche Replat 1. Previous
comments from staff have been adequately addressed, therefore staff recommends
approval of the subject replat.
CDB/gm
Attachment
cc: TAC - CORNICHE REPLAT 1
file: s/eng/eng/tac/comiche/replat 1. doc
~< 577-1 AVE,
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LINTON BOULEVARD
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OTY 0¢ DELRAY BI~ACH. FL
-- DIGITAL L~M$£ MAP SYSTEM -- C..I LI~'I DAiVLOC. DWG
[ITY I)F [IELRIIY BER£H
CITY ATTORNEY S OFFICE
Writer's Direct Linc: (561) 243-7090
DELRAY BEACH
Ali.America City MEMORANDUM
1993
TO: City Commission
FROM: David N. Tolces, Assistant City Attorn~
SUBJECT: Acceptance of Water and Sewer Collection System Improvements - Linton
Office Park
Attached for your acceptance is a Bill of Sale and Warranty of Title for the water and
sewer improvements for Linton Office Park. These improvements were installed as part
of the construction of Linton Office Park by P and J Development Corporation. Along
with the Bill of Sale is an Easement Deed to allow for the City to maintain the
improvements in the future. The improvements were constructed according to City
standards and will be maintained by the City if accepted.
If you have any questions, please call.
DNT:smk
Enclosures
cc: David T. Harden, City Manager
Sharon Morgan, City Clerk's Office
Dan Beatty, City Engineer
Dick Hasko, Deputy Director of Public Utilities
linton- 1.dm
BILL OF...~;ALE WITH WARRANTY OF TITLE
-_4
For: Linton Office Park
KNOW ALL MEN BY THIgSE PRESENTS, that ~ A-~ ¢ .~ .P&q,/6q. o Ppt6v',d '7-
C/q~./', p. a , whose address
~'~&- o tJ~ Iz ~" w¢~.~
of Florida, ("Seller"), for and in consideration of the sum of Ten Dollars ($10.00), lawful
money of the United States, paid by the CITY OF DELRAY BEACH, a Florida municipal
corporation,("Buyer'), the receipt of which is hereby acknowledged, sell to Buyer the
following goods:
All of the Water Distribution and Sewage Collection System Improvements;
together with all appurtenances attached thereto, which lie within utility
easements as described in Exhibit "A". The water distribution and sewage
collection system improvements are described in As-Built Plans for Linton
Office Park, a copy of which is on file with the City of Delray Beach.
TO HAVE AND TO HOLD the same unto the Buyer, its successors and assigns
forever.
Seller does covenant with Buyer, its successors and assigns, that it is the lawful owner
of the said goods and chattels; that the goods and chattels are free from all encumbrances; that
it has good right to sell the same aforesaid, and that it will warrant and defend the sale of the
said property, goods and chattels hereby made, unto Bayer, its successors and assigns against
the lawful clams and demands of all persons whomsoever.
This Bill of Sale sl~all be effective as to the transfer of all property listed herein as of
~~ [ 2-- , 1996. Delivery made at Delray Beach, Florida on ~.~qaot~,Of~--'4 1~,
199~..
IN WITNESS !3rHEREOF, Seller has hereunto set his hand and seal on the
day and year first above written.
WITNESS: SELLER:
'
tg4.~ .~ By: .
Print Name: Diana L. Preston Print Name: Peter Casoria, ~a:., President
WITNESS:
State of Florida
County of Broward
The foregoing instrument was acknowledged before me this 12th day of
holD,ho,- , 1996 by Peter Casoria,.Jr_~ ...... (name of
person acknowledging), who is personally known to me x~t, who has produced
(~pe of identification).
Signature of Notary Public - State
of Florida ~,,~'o~%~ DIANA L. PRESTON
-oo M,ss,o., cc 38n79o
Print, Type, or Stamp Na~J~' ^rL^.r~c SONm.a CO., INC.
Notary Pubtic
Prepared by: RETURN:
City Attorney's Office
200 N,W. 1st Avenue
Delray Beach, Florida 33444
THIS INDENTURE, made this 12£h day of Deeea~ber 199~ by and between /~.~.
~,~. ~o~-oPHc~T ~ whose address is ~g~o~/~~, ~ .~
p~ of~e f~st p~, ~d the CITY OF DEL~Y BEACH, I00 N.W. 1st Avenue, Delray Beach, Florida
33444, a m~icip~ co~omlion in Palm Beach Count, State of Florida, pray of~e second pan:
~TNESSETH: ~at ~e p~W of the f~st p~, for and in consideration of ~e sm of Ten
($10.00) Doll~s ~d o~er good ~d valuable considerations to it in h~d p~d by ~e said p~ of the
second p~, the receipt &which is hereby ac~owledged, does hereby grm~t, bargain, sell ~d release ~to
the p~ of fl~e second p~ i~ successors ~d assigns, a fight of way ~d pe~emE easement for ~e
p~ose of: instalation ~d maEten~ee of public utilities with ~l ~d free ri~t, libel, and aufl~ori~' to
enter upon and to inst~l, opera,e, ~d maintain such utilities well under, across, ~ough ~d upon, over,
~der or x~n ~e follo~g described prope~ located in P~m Beach Co~, Florida, to-~t:
DESC~TION
See Auached E~bit "A"
Concomit~t ~d coextensive wi~ ~s right is ~e ~er ri~t in ~e p~y of~e second p~,
its snccessors ~d assigns, of in,ess ~d e~ess over md on that potion of l~d described above, to e~hct
~e p~oses og ~e easemen~ ~ expressed here[n~er.
~at this e~ement sh~l be subject o~y to those e~ements, resections, and rese~ations of
r~ord. ~at the p~y of ~e f~st p~ agrees to provide for fl~e release of ~y ~d ~I1 mortgages or liens
encumbering ~s e~ement. ~e p~ of ~e first p~ ~so a~ees to erect no building or effect ~y o~er
kind of cons~ction or improvemen~ upon ~e above-described prope~.
It is understood that upon completion of such ~smll~fion, all Imds disturbed thereby as a
result of such inst~lation or spoilage deposited thereon, ~11 be restored to its original condition or be~er
~thout expense to the prope~y owner.
P~y of~e fi~st p~ does hereby ~[ly w~t fl~e title to s~d l~d ~d will d~ikn(i ~e same
ag~nst ~e la~ claims of all persons whomsoever claimed by, ~ough or ~der it, ~at it h~ good right
~d la~l au~odty to gr~t the above-described easement ~d ~at ~e s~e is ~encmbered. ~ere the
context of ~is E~ement Deed allo~ or pem~it~, ~e s~e sh~l include ~e successors or ~signs of ~e
p~ties.
FN W[~SS W~OF, ~he p~fies ~o ~s Easement De~d s~t lh~ir hinds ~d s~ais the day
~d ye~ first above xwiaen.
~ESS ~1: P~TY OF T~ FI~T P~T
(n~e printed or ~ped)
1
WITNESS #2:
France~ Bohannon
(name printed or typed)
State of Florida
County of Palm Beach
The foregoing instrument was acknowledged before me this 12tlgay of December , 19~ by
Peter Casoria, Jr. (nmne of officer or agent, title of officer or agent) of
P and J Development Corp. (name of corporation acknowledging), a Florida (state or
place of incorporation) corporation, on behalf of the corporation. He/fflaa is personally known to me xx
has produced (type of identification) as identification and did (did not)
me an Dam.
Signature of Notary Public - State
of Florida ~.~v~e DIANA L. PRESTON
.~ ~ ~, COMMISSION # CC 38479(]
~. ~ .~' EXPIRES JUN 17,1 gg8
Print, Type or Stamp Name of
Notary Public
EASF. Iv~NT.CAT
LmLITY EASEMENTS AT LINTON OmCE PARK
pARAMOUNT ~N~INEERIN~ GROUP II ·
141 N.W. 20th. ST. SUITE F-7 PROJECT, I])^TE, ISHEET,
BOCA RATON, FL. 33431,I407)395-7805 JOB # 2030I 10-03-96! 1 OF 2
..~.c. UNTON BOULEVARD
N.w. ~ (RIGHT-OF-WAY VARIES)
357.04'
'-~. LAKE WORTH DRAINAGE DI$1~qCT LATERAL NO. 36
'~- LAKE WORTH DRAINAGE DISTRICT EASEMENT
~ ~ PER CHAUNCE~¥ CASE NO. 4.07 ,
o ~- hi 88'41'06' E 396.07'
N.T.S.
¢
~ iI ~i~1 NOI'E: 5EF_ S3.tEET2 OF 2 FOR L[GALDESC~PTION
0
Z
~o ~. LOT3
.//12' UTIuTY EASEMENT NO.2 - (FIRE: HYDRANT')
LEGEND: N 88'42'07' E 396.20'
POT .- POINT OF TERMINA330N
POC = POINT OF COMMENCEMENT
PO~ -- POINT OF BEGINNING p[:~3~ ~'OR:
PB ~ PLAT BOOK HOLL.aJ~D BUILDERS
PG ,,- PAGE
NTS == NOT TO SCALE C]~a,,[~iF[C,~,~iO~:
o~e - o~c~L RECORD aOOK
~ HEREBY CERq3~ ~T THE LEe. at. O£SCR~FnON AND SKETCH AS SHOWN
HEREON ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND
CIOFLF1 i CHECKED BY: C. G. MILLER BELIEF AND, FURql'IERMORE, THAT SAID LEGAL DESCRIPTION AND SKETCH
DRAWN
BY:
D.
I
COMPLY wrI'H THE MINIMUM TECHNICAL STANDARDS AS SET FORTH BY THE
FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER
61G17-6, F'LORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION
4.72.027, FI.ORIOA ErATUTES.
CARL O. MILLER
SKETCH OF LEGAL DESCRIPTION ,,or~s~o.~. L~D SU~'YOR
THIS IS NOT A LAND SURVEY FLOR,DA REGISTRATION NO. 3581
SHEET 2 OF 2
LEGAL DES ~ PTION
12' UTILITY EASEMENT (~FIRE HYDRANTS)
BEING A PORTION OF THE PLAT OF LINTC, 9FFICE PARK, AS RECORDED IN PLAT
BOOK 73, PAGES 147 AND 148, OF THE PUE C RECORDS OF PALM BEACH COUNTY,
FLORIDA, BEING MORE PARTICULARLY DE RIBED AS FOLLOWS:
UTILITY EASE~,IENT NO.1
(LOT NO.1, P.B. 73, ~G'S. 147 & 148)
COMMENCING AT THE NORTHWEST CORNER ;;.'~ SAID PLAT; THENCE SOUTH 01°23'48''
EAST (BEARINGS USED FOR THESE DESCRi~TIONS ARE RELATIVE TO THE WEST
LINE OF SAID PLAT), ALONG THE WEST LIN~ OF SAID PLAT, A DISTANCE OF 104.00
FEET TO A POINT HEREINAFTER REFERRE9 TO AS POINT "A"; THENCE NORTH
88°36'12'' EAST, A DISTANCE OF 18.00 FEET, THE POINT OF BEGINNING OF THE
CENTERLINE OF SAID 12 FOOT UTILITY EASEMENT; THENCE SOUTH 01°23'48'' EAST,
A DISTANCE OF 58.00 FEET; THENCE NORTH 88°36'12" EAST, A DISTANCE OF 41.00
FEET TO THE POINT OF TERMINATION OF THE CENTERLINE OF SAID 12 FOOT
UTILITY EASEMENT.
UTILITY EASEMENT NO.2
(LOT NO.3, P.B. 73, PGS. 147 & 148)
COMMENCING AT PREVIOUSLY DESCRIBED POINT "A"; THENCE SOUTH 01°23'48''
EAST, A DISTANCE OF 333.00 FEET, THE POINT OF BEGINNING OF THE CENTERLINE
OF SAID 12 FOOT UTILITY EASEMENT; THENCE NORTH 88°38'12'' EAST, A DISTANCE
OF 58.00 FEET TO THE POINT OF TERMINATION OF THE SAID CENTERLINE OF 12
FOOT UTILITY EASEMENT.
SUBJECT TO RESTRICTIONS, RESERVATIONS, EASEMENTS AND RIGHTS-OF-WAY OF
RECORD.
October 2, 1996
#2030 - LINTON OFFICE PARK
CGM/hm
[ITY JIF [IELAAY BEA£#
Writer's Direct Line: (561) 243-7090
DELRAY BEACH
Ali,America City MEMORANDUM
1993
TO: City Commission
FROM: David N. Tolces, Assistant City Attorn~
SUBJECT: Second Amendment to the Encroachment License Agreement LWDD E-4
Canal Right-of-Way
The proposed Second Amendment to the Encroachment License Agreement with the
Lake Worth Drainage District ("LWDD") will permit the City to maintain its
improvements within the E-4 canal right-of-way. The improvements consist of a portion
of the first hole and parking area at the municipal golf course. The amendment is for
three years. All the terms of the original agreement, other than the date, will remain the
same.
Please call if you have any questions.
DNT:smk
Attachment
cc: David T. Harden, City Manager
Sharon Morgan, City Clerk's Office
lwdd-l.dnt
RETURN TO:
LAKE WORTH DRAINAGE DISTRICT
13081 Military Trail
Delray Beach, FL 33484
PREPARED BY:
MARK A. PERRY, ESQ.
50 S.E. Fourth Avenue
Delray Beach, FL 33483
SECOND AMENDMENT TO ENCROACHMENT LICENSE AGREEMENT
THIS SECOND AMENDMENT TO AGREEMENT entered into this the day of
, 1997, by and between the LAKE WORTH DRAINAGE DISTRICT, a
Special Taxing District, of the State of Florida, whose mailing address is 13081 Military Trail,
Delray Beach, Florida 33484, hereinafter referred to as "DISTRICT" and CITY OF DELRAY
BEACH, whose mailing address is 100 NW First Avenue, Delray Beach, Florida 33444,
hereinafter referred to as "DELRAY BEACH"; and
WHEREAS, the parties entered into that certain Agreement made the 12th day of
October, 1994, by and between LAKE WORTH DRAINAGE DISTRICT and CITY OF
DELRAY BEACH, as recorded in Official Records Book 8474, Page 1286 of the Public
Records of Palm Beach County, Florida; and
WHEREAS, the original Agreement was extended for a one year period from March
13, 1996 to March 13, '1997 by that Amendment to Encroachment License Agreement dated
April 23, 1996, as recorded in Official Records Book 9254, Page 786 of the Public Records
of Palm Beach County, Florida; and
WHEREAS, DELRAY BEACH desires to extend the term of the Agreement for an
additional three year period;
WHEREAS, DISTRICT has agreed to said extension, subject to the conditions and
restrictions as set forth herein.
NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other
good and valuable considerations paid, the receipt and sufficiency of which is hereby
acknowledged, DISTRICT and DELRAY BEACH agree as follows:
1. That the above recitals are true and correct.
2. DISTRICT and DELRAY BEACH agree to extend the term of the original
Agreement for an additional three year period, from January 15, 1997 to January 15, 2000.
3. DELRAY BEACH shall be responsible for the payment of the reasonable
attorneys' fees incurred by or arising out of the DISTRICT entering into and enforcing this
Second Amendment to Agreement.
4. In all other respects, the terms and conditions of the original Agreement shall
remain in full force and effect, and binding upon the parties.
IN WITNESS WHEREOF, the parties have hereunto executed this Amendment to
Agreement the day and year first above written.
WITNESSES: LAKE WORTH DRAINAGE DISTRICT
By:
Kermit Dell, President
13081 Military Trail
Approved as to Form Delray Beach, FL 33484
and Legal Sufficiency
Attest:
By: William G. Winters, Secretary
Mark A. Perry 13081 Military Trail
Counsel to LWDD Delray Beach, FL 33484
Corporate Seal
CITY OF DELR^Y BEACH
By:
Jay Alperin, Mayor
100 NW First Avenue
Delray Beach, FL 33444
Approved as to Form
and Legal Sufficiency Attest:
City Clerk
By:
City Attorney Printed Name
Corporate Seal
STATE OF FLORIDA :
COUNTY OF PALM BEACH :
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
and County aforesaid to take acknowledgments, personally appeared KERMIT DELL and
WILLIAM G. WINTERS, the President and Secretary respectively, of the LAKE WORTH
DRAINAGE DISTRICT, both of whom acknowledged that they executed the foregoing
instrument, both of whom are known to me, and who did not take an oath.
WITNESS my hand and official seal in the County and State last aforesaid this the ~
day of ,1997.
NOTARY PUBLIC
Printed Name of Notary
State of Florida
My Commission Expires:
STATE OF FLORIDA :
COUNTY OF PALM BEACH ·
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
and County aforesaid to take acknowledgments, personally appeared JAY ALPERIN and ~
, the Mayor and city Clerk, respectively of the CITY
OF DELRAY BEACH. They are personally known to me and did not take an oath.
WITNESS my hand and official seal in the County and State last aforesaid this the
day of ,1997.
NOTARY PUBLIC
Printed Name of Notary
State of Florida
My Commission Expires:
LA.G RE ~4TS~ N C ROACFI~DE L-E4,EXT
RETURN TO:
LAKE WORTH DRAINAGE DISTRICT
13081 Military Trail
Deiray Beach, FL 33484
PREPARED BY:
MARK A. PERRY, ESQ.
Perry & Schone, P.A.
50 SE Fourth Avenue
Oeiray Beach, FL 33483
ENCROACHMENT LICENSE AGREEMENT
THIS AGREEMENT is entered into this the I ~ day of. ~)c~(J't//~ , 1994, by
and between the LAKE WORTH DRAINAGE DISTRICT, a Special Taxing District of the State
of Florida, whose mailing address is 13081 Military Trail, Delray Beach, Florida 33484,
hereinafter referred to as "DISTRICT", and CITY OF DELRAY BEACH, whose mailing address
is 100 NW First Avenue, Delray Beach, Florida 33444, hereinafter referred to as "DELRAY
BEACH".
WHEREAS, the DISTRICT either owns, has a perpetual easement, has rights for
drainage purposes or controls certain lands hereinafter referred to as Equalizer Canal No.
4 (E-C), right-of-way, adjacent to that property owned by DELRAY BEACH; and
WHEREAS, DELRAY BEACH has requested permission to locate an existing golf tee
and employee parking within the DISTRICT'S right-of-way of Equalizer Canal No. 4, as
shown on Exhibit "A", attached hereto and made a part hereof; and
WHEREAS, Florida Statute, Section 163.01, allows governmental units to make the
most efficient use of their powers by enabling them to cooperate with other governmental
entities on a basis of mutual advantage; and
WHEREAS, DISTRICT has no objection to the temporary use of the indicated
DISTRICT right-of-way, subject to the terms and conditions of this Agreement.
NOW, THERF~FORE, for Ten Dollars ($10.00) and other good and valuable
considerations, received by each party from the other, it is hereby agreed as follows:
1. That the above recitals are true and correct.
2. DISTRICT hereby grants to DELRAY BEACH a license for the purpose of
locating an existing golf tee and employee parking within the DISTRICT'S right-of-way of
Equalizer Canal No. 4, as shown on Exhibit "A", attached hereto and made a part hereof.
3. DELRAY BEACH agrees to have the §olf tee and tree encroachments as shown
on Exhibit "A" attached hereto and made a part hereof, removed from the DISTRICT'S right-
of-way within ninety (90) days of receipt of written notice from the DISTRICT, requiring the
removal of the golf tee and tree encroachments, at the expense of DELRAY BEACH.
4. DELRAY BEACH agrees to have the existing abandoned pump house, which
encroaches within DISTRICT'S right-of-way of Equalizer Canal No. 4, as shown on Exhibit
"A" attached hereto and made a part hereof, removed immediately, at the expense of
D ELRAY B EACH.
5. DELRAY BEACH agrees to remove the existing parking area located in the
DISTRICT'S right-of-way of Equalizer Canal No. 4, as shown on Exhibit "A" within ninety
(90) days of receipt of written notice from the DISTRICT requiring the removal of the
existing parking area.
6. DISTRICT and DELRAY BEACH agree that the subject Agreement shall be for
a period of one year, and that DELRAY BEACH may apply to the DISTRICT for
extensions.
7. DELRAY BEACH shall pay a one-time, non-refundable fee equal to $15.00 per
linear foot of right-of-way used for employee parking, or 96.56 ft. x $15.00 PLF equals ONE
THO USAN ID FOUR H U N D RED FORTY-EIG HT AN D 40/100 ($1,448.40) DOLLARS.
8. DELRAY BEACH shall pay all expenses emanating out of and relating to the
preparation of this Encroachment License Agreement, which shall include, but not be limited
to the DISTRICT'S attorney's fees, court costs, and administration fees.
9. Without waiver of limitation of liability as provided for in §768.28 (5) of the
Florida Statutes and to the extent permitted by law, DELRAY BEACH agrees to indemnify
and hold harmless the DISTRICT from any and all liability costs and expenses the DISTRICT
may or could sustain as a result of or emanating out of the terms and conditions contained
in this Agreement, the same including but not limited to, damage or injury to public,
DISTRICT, it's employees and agents.
10. DELRAY BEACH shall insure the DISTRICT against any and all liabilities that
2
may arise out of the terms and conditions of the subiect Agreement through its self
insurance liability coverage, listinLz the DISTRICT as an additional named insured, and that
such insurance coverage shall be kept in full force and effect during the term of this
Agreement, and the expenses o~ the same shall be borne by DELRAY BEACH or its
successors and/or assigns. Proof of such coverage shall be delivered to the DISTRICT (30)
days prior to the annual renewal date of this A§reement. If DELRAY BEACH allows its self
insurance liability coverage to expire, this Agreement shall be terminated and there will be
a reinstatement fee of THREE HUNDRED AND 00/100 DOLLARS ($300.00).
11. DELRAY BEACH shall indemnify and hold harmless the DISTRICT for any and
all damages that may be caused by the DISTRICT while exercisin§ its responsibilities and
obligations of maintenance of its draina§e system.
12. DISTRICT may at any time in the future by giving thirty. (30) days written
notice of immediate discontinued use of the E-4 right-of-way, demand DELRAY BEACH, for
the immediate discontinued use of the E-1. ri§hr-of-way, and the removal of the golf tee and
employee parkin§, the same to be accomplished at the sole expense of DELRAY BEACH
and such expense shall include legal expenses and costs that the DISTRICT may incur to
enforce its rights involved herein.
13. All notices required or allowed by this Agreement shall be delivered in person
or mailed by Certified Mail - Return Receipt Requested, postage prepaid, to the party upon
whom such notice is to be given at the following addresses:
CITY OF DELRAY BEACH: ENVIRONMENTAL SERVICES DEPT.
434 South Swinton Avenue
Delray Beach, FL 33444
Att: Director
Copy to: City Attorney's Office
200 NW 1st Avenue
.. Deiray Beach, FL 33444
LWOO: Mr. William G. Winters
Lake Worth Drainage District
13081 Militaw Trail
Delray Beach, FL 33484
3
Mark A. Perry, Esquire
Perry & Schone, P.A.
50 S.E. Fourth Avenue
Delray Beach, FL 33483
~e parties have hereunto executed this Encroachment
~r first above written.
an officer duty authorized in the State
LAKE WORTH DRAINAGE DISTRICT, ,naily appeared C. STANLEY WEAVER
a Special Toxin§ District zry respectively, of the LAKE WORTH
ot take an oath.
C. STAN LEY~NEAVER, President
13081 Military Trail .
Delray Beach, FL 33484 _ /,/
Attest: x'~~.~'-~'~' ~- ~~~ NOTARY PUBLII~X
13081 Military Trail Printed Name of 1(,lotary
Detray Beach, FL 33484 State of Florida
My Commission Expires:
~n officer duly authorized in the State
CITY OF DELRA.~-~..,EACH , ,holly appeared THOMAS E. LYNCH
By: / ~-,~'/~'7'/~¢ -ne and did not take an oath.
TI~~?~NCH, M~-~or ' lnty and State last aforesaid this the
100 NW First Avenue
Deiray Beach, FL 33444
' ~i¢¢y Clerk '
Printed Name ' / Printed Name of Notary
100 NW First Avenue State of Florida
Delray Beach, FL 33444 My Commission Expires:
EXHIBIT "A" - Paqe 1 o~ 3
PORTION OF PROPOSED PARKING WITHIN LWDD E-4 RIGHT-OF-WAY
DESCRIPTION
A parcel of land in Section 19, Township 46 South, Range 45 East~
described as follows:
COMMENCING at the intersection o~ the South Right-of-Way line of
State ~oad S-SS& (aka West Atlantic Avenue, aka West Delray Road) and
the West Right-of-Way line of the Lake Worth Drainage District Canal
E-4, as recorded in Official Records Book 5211, pages 1258 to 124i,
Palm Beach County Public Records;
thence South 01: ~--7' 07" East along ~aid West R/W a distance of
thence South 004 45' 57" East along said West R/W a distance of
47~.2& feet to the POINT OF BESINNING;
thence North 77° 5~' ~8" East a distance of 21.02 feet~
thence South !1~ 04' 4~" East a distance of 9~.5~ feet;
thence South 82~ 24' 29" West a distance of U8.!8 feet;
thence North 00" 45' JT" West along said West R/W a distance of 95.42
feet to the POINT OF BESINNING.
Said lands situate, lying and being in Deiray Beach, Palm Beach
County, Florida; contain 2S25.5 square feet (0.0~5 acres~ more or
less) and are subject to easements, restrictions, rights-of-way~
~eservations~ and covenants of reco~d.
EXHIBIT "A" - Paqe 2 of 3
UT,.VEY /:.ti~ -.-, ,~.~-,
SOUTh, "
~; INCORPOR~ED
F'ORTiON OF !0th TEE AREA WITHIN LWDD E-4 RIGHT-OF-WAY
A parcel of land in Ssction £9, Township 46 South, Range 43 East;
descmibed as
the West Right-of-Way line of the Lake Worth D~ainage District Canal
Palm Beach County Public
tnenca South ~l° 57' ST" East along said West
2157.74 feet~
thenc~ S~uth ~ 45' 37" ~ast along said West R/W i distanc~ of
192.67 lest to the POINT OF BEGINNING;
thence No,th ~9. ~5' 57" Wes% along said West
127.80 feet to the POINT OF BEGINNING.
Said lands situate, lying and being in De!May Beach, Palm Beach
r~s~vations, and covenants
9/~/94
~O~uC~ THIS C~RTIFtCA~ IS IS~U~ AS A MA~ OF I~FQRMA~O~ ONLY
_ CONF~S NO RIGHTS UPON THE ~R~R~TE HOEDER, THIS~ C~TIF
~ DOES NOT AMID, ~TEND OR
Ar=hut J. Galla;her A Co.
8355 ~ 53rd S~ree= COMPANIES AFFORDING COVERAGE
~ A Under'~i~ers ac LloT~'s an4 other Co~az
COM~Y
COMP~ ~
City of De!ray Beach' ~ ~ :
100 ~ ls= Avenue co~,~ m
Delray ~each, ~ 33~44 :
COm~W
~IS IS TO C~ ~AT THE POLICIES ~F INSURANCE L~ aELOW ~AV~ S~N ~SSU~ TO ~ INSURE~ ~M~ A~OVE ~R ~E PO~ PERI(
INOI~, NO~I~ANOING ANY REQUIREM~T, TERM OR CONO[~ON OF ANY
~CLUSIQNS AND CONOI~ONS OF SUCH ~LICIES. UMITS SHOWN MAY HAVE
~LI~ ~E POU~ EXPtRA~ON
~PE OF INSURANCZ ~ NUMS~ OATS (~0~
~MSMAOE X OCCUr.
AUTOMOBILE ~A$1U~ ~M8~I
~ AU~
~M~U~O AUTOS
NIR6~ AUTOS ~O~Y ~URY
WORK~ ~MP~A~ON
D~ON OF O~A~ON~O~TION~$PE~ IT~ ' ;
~rclficaC~ Holder ~s A~dtclon~ Insu:e~ as respects canal :uuning Ch~oush ~e golf
course propmrgy, Emcroa~en= License A~ree~n=, L~D Equalizer Ca~No. 4, Discrlc= File
C~TIFICA~ HOLDER " ' ~NCH~6N :
SHOULD ANY
L~a ',Worth Dra!nase D~sCr!c: ~PIRA~ON OA~ ~REOF. THE ISSUIN~ ~MP~ ~ ~VOR TC
Delray Beach, ~ 33444 ~E~. sur
~A~ILI~ OF ~Y KINO UPON ~E COMPANY, ~ AG~ OR R~RE~ENTA~E$
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # ~'~- REGULAR MEETING OF FEBRUARY 18, 1997
RATIFICATION OF APPOINTMENTS TO THE KIDS AND COPS
COMMITTEE
DATE: FEBRUARY 14, 1997
An application has been received from Kara Kenney to complete an
unexpired term ending April 22, 1998, as representative from Pine
Grove Elementary School.
A check for code violations/liens was not conducted since the
applicant does not own property in the city.
In addition, we have received a request to have Yvonne Odom
reinstated as the Carver Middle School representative to complete
her unexpired term ending April 22, 1998. Reappointment is
recommended.
Recommend ratification of the appointment of Ms. Kenney to fill an
unexpired term ending April 22, 1998, as the representative from
Pine Grove Elementary School, and the reappointment of Mrs. Odom
as the Carver Middle School representative on the Kids and Cops
Committee.
ref:agmemol
· CITY OF DELRAY BEACH
BOARD MF~BER APPLICATION
HOME ADDRESS (Street, City, Zip' Code) (LEGAL RES DENCE)
PRINCIPAL BUSINESS ADDRESS (Street, City, Zip Code)
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates)
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD
DESCRIBE E~ERIENCE8, SKILLS OR ~O~EDGE ~ICH QU~I~ YOU TO SERVE ON ~IS
BO~
PLEASE ATTACH A BRIEF RESUHE.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL PACTS CONTAINED IN THIS APPLICA-
TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE.
4/90
Kara F. Kenney
6499 N.E. 7th Avenue #4
Boca Raton, FL 33487
OBJECTIVE: To seek an elementary school teaching position in a pdmary
grade.
EDUCATION: Bachelor of Arts, Elementary Education, May, 1993
University of Central Florida, Orlando, FL
Associate of Arts, June, 1991
Broward Community College, Coconut Creek, FL
TEACHING
EXPERIENCE: Pine Grove Elementary, February 1996 - Present
Delray Beach, FL
ESOL- English as a Second Language. Using CARE -
Computer Assisted Reading in English, teaching second
through fifth grade.
Math - third grade math skills with an integration of mental
math.
Second grade - using whole language, thematic units.
Sylvan, August 1996 - Present
Boca Raton, FL
Reading and math tutor - second through eighth grade.
Hungerford Elementary School, November - July 1995
Eatonville, FL
Primary School Teacher
Second grade using whole language methods.
Brookshire Elementary School, August - November 1993
Winter Park, FL
Physical Education Assistant
Creative School for Children, March - May 1993
Orlando, FL
Lead Teacher
CITY OF DELRAY BEACH
BOARD MEMBER ,~PLICATION
NAME ~'r,~_ YvorlrlP,, T,.
3905 Lowson Blvd. Del~a¥ 5each~ Fla.~ 33~u5
HOME ADDRESS (Screm~, City, Zip Code) (LEGAL RESIDENCE)
301 S.W. l~tk _Avenue Delrav Beach~ Fla.;
PRINCIPAL BUSINESS ADDRESS (S;re~;,. City, Zip Code)
HOME PHONE (407) ~98-1594 BUSINESS PHONE (407) 2~3-%5~ (7)
ON WI{AT BOARDS ARE YOU INTERESTED IN SERVING KIDS AND CQP$ COP~I?IT2E
LIST ALL CITY BOARDS ON W~ICH YOU ARE CURRENTLY SERVING OR ~AVE PREVIOUSLY
SERVED (Please include daces)
KT~R AN,~ COPS
EDUCATIONAL QUALIFICATIONS AA ~.a~T~. DAT.~ RFACT~ ,~.~TOR ~T.T,F~
~ D~E ~RIDA AT~C ~IV. ~ DEG~ NOVA ~I~RS~
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD
CERTIFIED ADMINIST~ATOR LITTLE LEAC~JE BASEPALL INC.
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION BOAPD OF
17ISTRUCE'ION PALM BEACH C0L"JTY .... CLASSROOM TEACHER CAVER HIDDLE SCHOOL
DESCRIBE EXPERIENCES, SKILLS OR ~NO~LEDGE WHICH QUALIFY YOU TO SERVE ON THIS
BOARD
DESIRE TO SL~,VE / Resident- T~enty-six yea~s
Tk~I~_-~L~. YEARS CLASSROOM EXPER~/ par~±c±pant- 9eY~a¥ Bch Citizens
- Police Academy
?;,~FY~I~ YEARS YLr~0LVED IN YOUTH ACTIVITIES/ ~nt P~esident DeL~a¥ ~,. LL
PLEASE ATTACH A BRIEF RESUlt. (iIr~vlded upon request)
I HEREBY CERTIFY THAT ALL TItE i~OVE STATEHENTS ARE TRUE, AI~D
UNDERSTAND THAT ANY MISSTATE~iENT OF MATERIAL FACTS CONTAINED IN THIS AppL ICA-
DELRAY BEACH POLICE DEPARTMENT
MEMORANDUM
TO: Anita Barba
City Clerks Office
FROM: Officer Sean Anderson
Public Relations
DATE: February 6, 1997
SUBJECT: Kids and Cops: Yvonne Odom
On Wednesday, February 5, 1997 I held the regularly scheduled Kids and Cops
committee meeting at the Delray Beach Police Department. I was very pleased to see that
Yvonne Odom was able to make it to this meeting -- even though she was advised by her
physician that she should not attend due to her illness and recent surgery.
It was unfortunate that I had to relay the information conveyed to me about her
removal from the committee as per ordinance number 19-95. It was the consensus of the
board that I write this request on behalf of the board and in support of Yvonne Odom.
Yvonne has been a member of this committee since its inception and has been a
supporter of many programs which enhance our children's education. She selfishly gives
of her time and resources, not only for her school and the kids and cops program, but for
whatever task will benefit the children in our community.
As a board, we recognize Yvonne's dedication and many years of service. We
would respectfully request a one time variance in the ordinance to accommodate this
unexpected emergency illness which has required surgery and recovery time for Ms.
Yvonne Odom. Please have her reinstated as the Carver Middle School representative for
the Kids and Cops Committee. She has been an asset to the board and the City of Delray
Beach, and to lose her due to this unfortunate circumstance would be a tremendous loss to
the children of this city.
Thank you in advance for your support in this matter.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT: AGENDA ITEM ~ ~k.~ - MEETING OF FEBRUARY 18, 1997
RESOLUTION NO. 13-97
DATE: FEBRUARY 14, 1997
This is a resolution assessing costs of preparation for demoli-
tion of an unsafe building on property at 2605 N. Federal
Highway. The resolution sets forth the actual costs incurred
and provides the mechanism to attach a lien on this property in
the event the assessment of $753.41 remains unpaid.
Recommend approval of Resolution No. 13-97 assessing costs to
prepare for demolition an unsafe building on property at 2605 N.
Federal Highway.
RESOLUTION NO. 13-97
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE
BUILDINGS", OF THE LAND DEVELOPMENT REGULATIONS OF THE
CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT
ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED
WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS
INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND
LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN
EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST
ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU-
TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE
SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR
THE MAILING OF NOTICE.
WHEREAS, the Building Official or his designated representative
has, pursuant to Article 7.8 of the Land Development Regulations,
declared the existence of an unsafe building upon certain lots or
parcels of land, described in the list attached hereto and made a part
hereof, for violation of the building codes and building requirements
adopted by Article 7.8 and those Codes adopted in Chapter 96 of the Code
of Ordinances; and,
WHEREAS, pursuant to Article 7.8 of the Land Development
Regulations of the City of Delray Beach, the Building Official or his
designated representative has inspected said land(s) and has determined
that an unsafe building existed in accordance with the standards set
forth in Article 7.8 and/or Chapter 96 of the Code of Ordinances, and
did furnish the respective owner(s) of the land(s) described in the
attached list with written notice of unsafe building and detailed report
of conditions and notice to vacate as the Building Official determined
that the building was manifestly unsafe and is considered a hazard to
life and public welfare pursuant to Article 7.8 of the Land Development
Regulations, describing the nature of the violations and sent notices
that the building was to be vacated and that the building was to be
repaired or demolished; work must be begun within sixty (60) days and
all work must be completed within such time as the Building Official
determines, said notice also advised that all appeals must be filed
within thirty (30) days from the date of service of the notice and
failure to file an appeal or to make the repairs required that the
Building Official would have the authority to have the building demol-
ished from the date of the said notice; and,
WHEREAS, all the notice requirements contained within Article
7.8 have been complied with; and,
WHEREAS, neither an appeal to the Board of Construction Appeals
or corrective action was undertaken in accordance with the order of the
Chief Building Official; therefore pursuant to Article 7.8 of the Land
Development Regulations the Building Official caused the abatement
action to be done; and,
WHEREAS, the City Manager of the City of Delray Beach has,
pursuant to Section 7.8.11 of the Land Development Regulations of the
City of Delray Beach, submitted to the City Commission a report of the
costs incurred in abating said condition as aforesaid, said report
indicating the costs per parcel of land involved; and,
WHEREAS, the City Commission of the City of Delray Beach,
pursuant to Article 7.8 of the Land Development Regulations desires to
assess the cost of said condition against said property owner(s).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That assessments in the amount of
as shown by
the report of the City Manager of the City of Delray a copy of which is
attached hereto and made a part hereof, are hereby levied against the
parcel(s) of land described in said report and in the amount(s) indi-
cated thereon. Said assessments so levied shall, if not paid within
thirty (30) days after mailing of the notice described in Section 7.8.11
become a lien upon the respective lots and parcel(s) of land described
in said report, of the same nature and to the same extent as the lien
for general city taxes and shall be collectible in the same manner and
with the same penalties and under the same provisions as to sale and
foreclosure as City taxes are collectible.
Section 2. That such assessments shall be legal, valid and
binding obligations upon the property against which said assessments are
levied.
Section 3. That the City Clerk of the City of Delray Beach is
hereby directed to immediately mail by certified mail, postage prepaid,
return receipt requested, to the owner(s) of the property, as such
ownership appears upon the records of the County Tax Assessor, notice(s)
that the City Commission of the City of Delray Beach has levied an
assessment against said property for the cost of abatement action
regarding an unsafe building by the thirty (30) days after the mailing
date of said notice of assessment, after which a lien shall be placed on
said property, and interest will accrue at the rate of six percent (6%)
per annum, plus reasonable attorney's fees and other costs of collecting
said sums.
- 2 - Res. No. 13-97
Section 4. That this resolution shall become effective thirty
(30) days from the date of adoption and the assessment(s) contained
herein shall become due and payable thirty (30) days after the mailing
date of the notice of said assessment(s), after which a lien shall be
placed on said property(s), and interest shall accrue at the rate of six
percent (6%) per annum plus reasonable attorney's fee and other costs of
collection.
Section 5. That in the event that payment has not been re-
ceived by the City Clerk within thirty (30) days after the mailing date
of the notice of assessment, the City Clerk is hereby directed to record
a certified copy of this resolution in the public records of Palm Beach
County, Florida, and upon the date and time of recording of the certi-
fied copy of this resolution a lien shall become effective on the
subject property which shall secure the cost of abatement, interest at
the rate of 6%, and collection costs including a reasonable attorney's
fee.
PASSED AND ADOPTED in regular session on this the day
of , 1997.
MAYOR
ATTEST:
City Clerk
- 3 - Res. No. 13-97
CITY OF DELRAY BEACH
UNSAFE BUILDING/STRUCTURE
NOTICE OF ASSESSMENT
TO: Richard E. Panagos
ADDRESS: 900 Linton Boulevard, Delray Beach, F1 33483
PROPERTY: 2605 N. Federal Highway, Delray Beach,. Fi 33444
LEGAL DESCRIPTION: _LoJ~ 31; Delray Beach Estates according to Plat
Book 21, Page 13 of the official records of Palm Beach County, FI.
You, as the record owner, of, or holder of an interest in, the above describ3d property
are hereby advised that a cost of $7,53,4]. __by resolution of the City
Commissio;~ of the City of Delray Beach, Florida, dated
19__, has bee~ levied against the above described property.
The costs were incurred as a result of an abatement action regarding the above
described property. You were given notice on 8-8-96 that' the Chief
Building Official had determined that a building/structure located on the above
described property was unsafe. You were advised in that notice of the action that
would be taken to remedy that unsafe condition and that the action would be initiated
by the City i~ you failed to act.
._x .... You failed to appeal the decision of the Chief Building Official to the
Board of Co~struction Appeals although you were informed of your right to an appeal
and of the procedures for obtaining an appeal. You have also failed to take the
corrective action required in the Notice of Unsafe Building/Structure.
You appealed the decision of the Chief Building Official to the Board of
Construction Appeals. You were given written notification on
that you were required to take the corrective action required.by
the decision of the Board of Construction Appeals within a stated period of time; You
failed to take the action as required by the order of the Board of Construction Appeals.
You appealed the decision of the Chief Building Official to tile Board of
Constr~tion Appeals on The Board of Construction upheld
the decision of the Chief Building Official.
l
The City of Delray Beach has therefore taken remedial action to remove
.the unsafe condition existing on the above described property on
1-27-97 at a cost of $753.41 which includes a ten
percent (1 0%) administrative fee. If you fail to pay this cost within thirty
(30) days, that cost plus additional administrative and recording costs
shall be recorded in the official Records of Palm Beach County, Florida
against the above described property.
THE CITY MAY ENFORCE THE ASSESSMENT BY EITHER AN ACTION AT LAW OR
FORECLOSURE OF THE LIEN, WHICH SHALL BE FORECLOSED IN THE SAME
MANNER AS MORTGAGES ARE FORECLOSED UNDER STATE LAW. IN EITHER
TYPE OF ACTION, THE CITY SHALL BE ENTITLED TO INTEREST AT THE RATE
OF 8% FROM THE DATE OF ASSESSMENT, COLLECTION COSTS, AND
REASONABLE ATTORNEY'S FEES. SUCH LIENS SHALL BE ON A PARITY WITH
GENERAL CITY TAXES AND SHALL HAVE PRIORITY OVER ALL OTHER LIENS
AND ENCUMBRANCES, INCLUDING MORTGAGES.
Copies of all notices referred to in this notice are available in the office of the Chief
Building Official.
BY ORDER OF THE CITY COMMISSION
City Clerk
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MgaNAGER~
SUBJECT: AGENDA ITEM # ~ /7' - MEETING OF FEBRUARY 18, 1997
RESOLUTION NO. 14-97
DATE: FEBRUARY 14, 1997
This is a resolution assessing costs for abatement action
required to remove nuisances on 40 properties located throughout
the City. The resolution sets forth the actual costs incurred
and provides the mechanism to attach liens on these properties in
the event the assessments remain unpaid.
Recommend approval of Resolution No. 14-97 assessing costs for
abating nuisances on 40 properties within the City.
RESOLUTION NO. 14-97
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS
FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN
THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF
LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING
OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF
NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE
DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE
RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO
BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESS-
MENTS.
WHEREAS, the City Manager or his designated representative has,
pursuant to Chapter 100 of the Code of Ordinances, declared the exis-
tence of a nuisance upon certain lots or parcels of land, described in
the list attached hereto and made a part hereof, for violation of the
provisions of Chapter 100 of the Code of Ordinances; and,
WHEREAS, pursuant to Section 100.20, 100.21 and 100.22 of the
Code of Ordinances of the City of Delray Beach, the City Manager or his
designated representative has inspected said land(s) and has determined
that a nuisance existed in accordance with the standards set forth in
Chapter 100 of the Code of Ordinances, and did furnish the respective
owner(s) of the land(s) described in the attached list with written
notice of public nuisance pursuant to Sections 100.20, 100.21 and 100.22
of the Code of Ordinances describing the nature of the nuisance(s) and
sent notice that within ten (10) days from the date of said notice
forty-two (42) days in the case of violation of Section 100.04 pertain-
ing to seawalls) they must abate said nuisance, or file a written
request for a hearing to review the decision that a nuisance existed
within ten (10) days from the date of said notice, failing which the
City of Delray Beach would proceed to correct this condition by abating
such nuisance, and that the cost thereof would be levied as an assess-
ment against said property; and,
WHEREAS, the property owner(s) named in the list attached
hereto and made a part hereof did fail and neglect to abate the
nuisance(s) existing upon their respective lands or to properly request
a hearing pursuant to Section 100.21 and 100.22 within the time limits
prescribed in said notice and Chapter 100 of the Code of Ordinances, or
if the property owner(s) did request and receive a hearing, said prop-
erty owner(s) failed and/or neglected to abate such nuisance(s) within
the time designated at the hearing wherein a decision was rendered
adverse to the property owner(s); and,
WHEREAS, the City of Delray Beach, through the City Administra-
tion or such agents or contractors hired by the City Administration was
therefore required to and did enter upon the land(s) described in the
list attached and made a part hereof and incurred costs in abating the
subject nuisance(s) existing thereon as described in the notice; and,
WHEREAS, the City Manager of the City of Delray Beach has,
pursuant to Chapter 100 of the Code of Ordinances of the City of Delray
Beach, submitted to the City Commission a report of the costs incurred
in abating said nuisance(s) as aforesaid, said report indicating the
costs per parcel of land involved; and,
WHEREAS, the City Commission of the City of Delray Beach,
pursuant to Chapter 100 of the Code of Ordinances desires to assess the
cost of said nuisance(s) against said property owner(s),
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That assessments in the individual amounts as shown
by the report of the City Manager of the City of Delray Beach, involving
the City's cost of abating the aforesaid nuisances upon the lots or
parcels of land described in said report, a copy of which is attached
hereto and made a part hereof, are hereby levied against the parcel(s)
of land described in said report and in the amount(s) indicated thereon.
Said assessments so levied shall, if not paid within thirty (30) days
after mailing of the notice described in Sec. 3, become a lien upon the
respective lots and parcel(s) of land described in said report, of the
same nature and to the same extent as the lien for general city taxes
and shall be collectible in the same manner as mortgages and fore-
closures are under state law.
Section 2. That such assessments shall be legal, valid and
binding obligations upon the property against which said assessments are
levied.
Section 3. That the City Clerk of the City of Delray Beach is
hereby directed to immediately mail by first class mail to the owner(s)
of the property, as such ownership appears upon the records of the
County Tax Assessor, notice(s) that the City Commission of the City of
Delray Beach on the has levied an
assessment against said property for the cost of abatement of said
nuisance by the City, and that said assessment is due and payable within
thirty (30) days after the mailing date of said notice of assessment,
after which a lien shall be placed on said property, and interest will
- 2 - Res. No. 14-97
accrue at the rate of 8% per annum, plus reasonable attorney's fees and
other costs of collecting said sums. A Notice of Lien shall be mailed,
along with the Notice of Assessment and this resolution.
Section 4. That this resolution shall become effective thirty
(30) days from the date of adoption and the assessment(s) contained
herein shall become due and payable thirty (30) days after the mailing
date of the notice of said assessment(s), after which a lien shall be
placed on said property(s), and interest shall accrue at the rate of
eight (8) percent per annum plus, if collection proceedings are
necessary, the costs of such proceedings including a reasonable
attorney's fee.
Section 5. That in the event that payment has not been
received by the City Clerk within thirty (30) days after the mailing
date of the notice of assessment, the City Clerk is hereby directed to
record a certified copy of this resolution in the public records of Palm
Beach County, Florida, and upon the date and time of recording of the
certified copy of this resolution a lien shall become effective on the
subject property which shall secure the cost of abatement, interest at
the rate of 8%, and collection costs including a reasonable attorney's
fee.
PASSED AND ADOPTED in regular session on this the day
of , 1997.
MAYOR
ATTEST:
City Clerk
- 3 - Res. No. 14-97
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCES
PROPERTY DESCRIPTION OWNER ASSESSMENT
TOWN OF DELRAY S75' OF ATUNE ENTERPRISES, INC. $ 69.00
W135.6' OF BLK 39 LUCIUS SIMMONS 70.00 (ADM. COST)
PB 11, P 34, PUBLIC 1601 GLENCOVE AVE NW
RECORDS OF PALM BEACH PALM BAY, FL 32907-8612
COUNTY, FL
(315 SW 3RD STREET)
DELRAY SHORES, LOT 5, LORIN BROWN $ 45.00
BLK 11, PB 24, P 233, 1120 NW 1ST STREET 70.00 (ADM. COST)
PUBLIC RECORDS OF DELRAY BEACH, FL 33444
PALM BEACH COUNTY, FL
(ANGLER DRIVE)
TOWN OF DELRAY, LOTS 11 MILDRED BURNS $ 24.00
& 12, BLK 34, PB 10, 330 NW 7TH AVENUE 70.00 (ADM. COST)
P 45, PUBLIC RECORDS DELRAY BEACH, FL 33444
OF PALM BEACH COUNTY, FL
(315 NW 2ND STREET)
SUB. OF 17-46-43, THE PT COMMUNITY LAND CORP. $ 48.00
OF ELY 77.41' OF N100' P.O. BOX 50001 70.00 (ADM. COST)
OF S125' OF W1/4 OF LIGHTHOUSE POINT, FL
LT 5, LYG ELY OF 1-95 33074
R/W, BK 1, P 3,
PUBLIC RECORDS OF
PALM BEACH COUNTY, FL
(SW 15TH AVENUE)
DELL PARK, LOTS 3 & 4, RICI4_ARD A. COURT $ 67.00
BLK 8, PB 8, P 56, 1012 NE 3RD AVENUE 70.00 (ADM. COST)
PUBLIC RECORDS OF DELRAY BEACH, FL 33444
PALM BEACH COUNTY, FL
(1012 NE 3RD AVENUE)
SOUTHRIDGE, LOT 29, MARIA DELACONCEPCION $ 75.00
BLK 1, PB 13, P 38, VILLA TOLEDO, AVEIDA PAEL 70.00 (ADM. COST)
PUBLIC RECORDS OF PARSAISO, CARACUS VENUZUELA
PALM BEACH COUNTY, FL
(321 STERLING AVENUE)
SOUTHRIDGE, LOT 11, PASTORIA JOHNSON $ 61.00
BLK 1, PB 13, P 38, 240 REIGLE AVENUE 70.00 (ADM. COST)
PUBLIC RECORDS OF DELRAY BEACH, FL 33444
PALM BEACH COUNTY, FL
(240 REIGLE AVENUE)
- 4 - RES. NO. 141-97
ATLANTIC PARK GARDENS, J. D. & EARLINE MONROE $ 51.00
DELRAY, LT 19, BLK 2, 32 EARLE STREET 70.00 (ADM. COST)
PB 14, P 63, PUBLIC HARTFORD, CT 06120
RECORDS OF PALM BEACH
COUNTY, FL
(39 SW 13TH AVENUE)
LAKE IDA SHORES, LT 8 NETWORK FINANCIAL CORP. $ 33.00
(LESS N20'), BLK 3, P.O. BOX 600429 70.00 (ADM. COST)
PB 25, P 54, PUBLIC MIAMI, FL 33160
RECORDS OF PALM BEACH
COUNTY, FL
(532 NW 8TH AVENUE)
ATLANTIC PARK GARDENS DAISY M. RAY $ 59.00
DELRAY, LT 13, BLK 2, P.O. BOX 74 70.00 (ADM. COST)
PB 14, P 56, PUBLIC LENOX, GA 31637
RECORDS OF PALM BEACH
COUNTY, FL
(17 SW 13TH AVENUE)
RIDGEWOOD HEIGHTS DELRAY, MADELINE S. SANITAGO $ 59.00
E 41' OF LT 2, BLK D, 1105 1/2 SW 7TH AVE. 70.00 (ADM. COST)
PB 14, P 44, PUBLIC DELRAY BEACH, FL 33444
RECORDS OF PALM
BEACH COUNTY, FL
(1105 1/2 SW 7TH AVE.)
SILVER TERRACE DELRAY, L. D. TERRY $ 87.25
LTS 4 & 5, BLK 2. 3111 SW RUCKS DAIRY RD. 70.00 (ADM. COST)
PB 11, P 61, PUBLIC OKEECHOBEE, FL 34974
RECORDS OF PALM
BEACH COUNTY, FL
(1205 SO. DIXIE HW-Y)
TOWN OF DELRAY, LT 4, ELEANORE S. WILSON $ 61.00
BLK 23, BK 10, P 69, c/o L. SCHONE 70.00 (ADM. COST)
PUBLIC RECORDS OF 50 SE 4TH AVENUE
PALM BEACH COUNTY, FL DELRAY BEACH, FL 33483
(214 SW 5TH AVENUE)
TOWN OF DELRAY, W50' CLIFFORD P. WRIGHT $ 31.00
OF E165' OF S135' IN 330 DAVIS ROAD 70.00 (ADM. COST
DB541 P527, BLK 19, DELRAY BEACH, FL 33444
PB 11, P 73, PUBLIC
RECORDS OF PALM
BEACH COUNTY, FL
(VAC LOT EAST OF 517)
TOWN OF DELRAY, LT 16, GRACE BARNETT $ 61.00
BLK 35, PB 1, P 3, 1401 39th STREET 70.00 (ADM. COST)
PUBLIC RECORDS OF WEST PALM BEACH, FL
PALM BEACH COUNTY, FL 33407-3631
(309 NW 1ST STREET)
- 5 - RES. NO. 14-97'
NICHOLS 2ND ADD TO MOLLIE K. BOWLES $ 77.00
DELRAY BEACH, LT 14, 304 SW 7TH STREET 70.00 (ADM. COST)
PB 21, P 70 DELRAY BEACH, FL 33444
PUBLIC RECORDS OF
PALM BEACH COUNTY, FL
(304 SW 7TH STREET)
TOWN OF DELRAY, N1/2 AMY CHARLOW $ 51.00
OF LT 5, BLK 30 125 SW 5TH AVENUE 70.00 (ADM. COST)
PB 1, P 3, PUBLIC DELRAY BEACH, FL 33444
RECORDS OF PALM
BEACH COUNTY, FL
(125 SW 5TH AVENUE)
FALL RIDGE OF DELRAY FALL RIDGE OF DELRAY COND $ 62.00
COND COMMON AREA 5092 CORONADO RIDGE 70.00 (ADM. COST)
PB 3241, P 1851 BOCA RATON, FL 33486
PUBLIC RECORDS OF
PALM BEACH COUNTY, FL
(1100 SW 4TH AVENUE)
OSCEOLA PARK, LT 23, MAX & PATRICIA M. GABRIEL $ 85.00
BLK 7, PB 3, P 2, 610 SE 3RD AVENUE 70.00 (ADM. COST)
PUBLIC RECORDS OF DELRAY BEACH, FL 33483
PALM BEACH COUNTY, FL
(610 SE 3RD AVENUE)
DELRAY BEACH HIGHLANDS RICHARD L. GERWECK & $ 69.00
SEC 2, LT 7, BLK 8, LILLIAN S. GERWECK 70.00 (ADM. COST)
PB 27, P 14, PUBLIC 1308 SW 22ND AVENUE
RECORDS OF PALM BEACH DELRAY BEACH, FL 33445
COUNTY, FL
(1308 SW 22ND AVENUE)
SOUTHRIDGE, LT 1, FERMIN GONZALEZ $ 69.00
BLK 9, PB 13, P 38, 1336 N.FEDERAL HWY #130 70.00 (ADM. COST)
PUBLIC RECORDS OF DELRAY BEACH, FL 33483
PALM BEACH COUNTY, FL
(SOUTHRIDGE RD EAST OF 2420)
WEST SIDE HEIGHTS, DELRAY HATTIE L. HARDWICK, EST. $ 69.00
LT 4, BLK C, PB 13, P 61, c/o G. QUAIL 70.00 (ADM. COST)
PUBLIC RECORDS OF PALM 302 BAINBRIDGE ST. #4C
BEACH COUNTY, FL BROOKLYN, NY 11233-1925
(37 NW 10TH AVENUE)
ROSEMONT VILLAS, UNIT B, ROBERT J. & $ 69.00
LT 3 & 4, PB 29, P 183, CHRISTIANA JACQUES 70.00 (ADM. COST)
PUBLIC RECORDS OF PALM 1841 NW 2ND TERRACE
BEACH COUNTY, FL POMPANO BEACH, FL 33060
(817 SW 6TH AVENUE)
- 6 - RES. NO. 1~-97
TOWN OF DELRAY, LT 18, MATILDA JOHNSON $ 61.00
BLK 23, PB 10, P 69, 224 SW 6TH AVENUE 70.00 (ADM. COST)
PUBLIC RECORDS OF DELRAY BEACH, FL 33444
PALM BEACH COUNTY, FL
(225 SW 6TH AVENUE)
RESUB OF S1/2 OF BLK 38, PEARL JOHNSON $ 25.00
& N1/2 OF BLK 39, 140 SW 4TH AVENUE 70.00 (ADM. COST)
PB 11, P 34, PUBLIC DELRAY BEACH, FL 33444
RECORDS OF PALM BEACH
COUNTY, FL
(SW 3RD AVENUE)
DEL IDA PARK, LT 3, IRENE T. LE PAGE, EST. $ 111.00
BLK 3, (DEL IDA PARK 521 N. SWINTON AVENUE 70.00 (ADM. COST)
HISTORIC DIST) P.O. BOX 2556
BK 9, P 52, PUBLIC DELRAY BEACH, FL 33447
RECORDS OF PALM
BEACH COUNTY, FL
(521 NO. SWINTON AVENUE)
TOWN OF DELRAY, W50' OF JOHNNIE MARTIN, JR. $ 77.00
E200' OF S135' OF S1/2 215 SW 7TH AVENUE 70.00 (ADM. COST)
OF BLK 22, PB 10, P 38, DELRAY BEACH, FL 33444
PUBLIC RECORDS OF PALM
BEACH COUNTY, FL
(515 SW 2ND STREET)
TOWN OF DELRAY, S150' FRED D. MC COY $ 69.00
OF W135.5' OF BLK 26, & AMERIFIRST 70.00 (ADM. COST)
PB 5, P 64, PUBLIC 17500 NW 68TH AVE ~210
RECORDS OF PALM HIALEA~, FL 33015-4044
BEACH COUNTY, FL
(415 NW 2ND STREET)
DELL PARK, LT 8, BLK 4, ALBERT H. MIZRAHI & $ 61.00
PB 8, P 56, PUBLIC HELAINE S. MIZRAHI 70.00 (ADM. COST)
RECORDS OF PALM BEACH DELRAY BEACH, FL 33444
COUNTY, FL
(246 NE 13TH STREET)
TOWN OF DELRAY, LTS 7 & WILLIE M. RICHARDSON $ 69.00
8, BLK 36, PB 5, P 38, 34 NW 3RD AVENUE 70.00 (ADM. COST)
PB 5, P 38, PUBLIC P.O. BOX 2363
RECORDS OF PALM DELRAY BEACH, FL 33447
BEACH COUNTY, FL
(34 NW 3RD AVENUE)
ATLANTIC GARDENS, DELRAY P & GENEVA ROBINSON & $ 51.00
LT 6, BLK 9, PB 14, P 63, E & DELORES JOHNSON, JR 70.00 (ADM. COST)
PUBLIC RECORDS OF PALM 322 NW 3RD STREET
BEACH COUNTY, FL BOYNTON BEACH, FL 33435
(SW llTH AVENUE)
-7- RES. NO. 14-97
OSCEOLA PARK, LT 19, WAYNE E. & ALETHA ROSEKE $ 61.00
BLK 6, PB 3, P 2, RR 10 BOX 200B 70.00 (ADM. COST)
PUBLIC RECORDS OF PALM LAKE CITY, FL 30202-8821
BEACH COUNTY, FL
(SE 6TH STREET)
CARVER SQUARE, LTS 12 RPI MANAGEMENT CORP. $ 77.00
TO 14, INC & LT 16 1300 BAXTER ST. #215 70.00 (ADM. COST)
PB 24, P 11, PUBLIC CHARLOTTE, NC. 28204-3053
RECORDS OF PALM BEACH
COUNTY, FL
(SW 2ND COURT)
RIDGEWOOD HEIGHTS, RPI MANAGEMENT CORP. $ 61.00
DELRAY, LT 23, BLK C, 4001 NO.OCEAN BLVD.#1604 70.00 (ADM. COST)
PB 14, P 44, PUBLIC BOCA RATON, FL 33431
RECORDS OF PALM BEACH
COUNTY, FL
(1106 SW 7TH AVENUE)
TOWN OF DELRAY, S5' OF SYLVIA SCHUPLER, TR $ 61.00
LOT 1 & N71.5' OF LT 2, 3101 WASHINGTON ROAD 70.00 (ADM. COST)
BLK 30, PB 1, P 3, WEST PALM BEACH, FL 33405
PUBLIC RECORDS OF PALM
BEACH COUNTY, FL
(109 SW 5TH AVENUE)
FAIRCREST HEIGHTS AMND YOLLY P. VERZOSA $ 53.00
PLAT, LT 53, PB 42, 1090 AMSTERDAM AVE.# 7K 70.00 (ADM. COST)
P 68, PUBLIC RECORDS OF NEW YORK, NY 10025-8103
PALM BEACH COUNTY, FL
(2147 SW 36TH TERRACE)
TOURIST NOOK, DELRAY, ORA WALLACE, EST. $ 69.00
LT 6, BLK A, PB 11, & ELOISE HUNTER 70.00 (ADM. COST)
P 47, PUBLIC RECORDS 121 NW llTH AVENUE
OF PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444
(239 NW 10TH AVENUE)
RESUB OF S1/2 OF BLK 39, SHIRLEY T. WILLIAMS & $ 61.00
DELRAY, LT 13, BLK 39, O.B. THOMAS 70.00 (ADM. COST)
PB 11, P 34, 816 SW 3RD COURT
PUBLIC RECORDS OF DELRAY BEACH, FL 33447
PALM BEACH COUNTY, FL
(222 SW 3RD AVENUE)
ATLANTIC GARDENS, DELRAY E. WILSON & HENRY WILSON $ 51.00
LT 23, BLK 6, PB 14, P.O. BOX 1676 70.00 (ADM. COST)
P 63, PUBLIC RECORDS DELRAY BEACH, FL 33447
OF PALM BEACH COUNTY, FL
(142 SW llTH AVENUE)
- 8 - RES. NO. 14-97
ATLANTIC GARDENS, DELRAY WILLIE P. WILSON $ 51.00
LT 22, BLK 6, PB 14, P 63, P. O. BOX 1676 70.00 (ADM. COST)
PUBLIC RECORDS OF PALM DELRAY BEACH, ~33447
BEACH COUNTY, FL
(SW llTH AVENUE)
VIOLATION IS: SEC. 100.01 - LAND TO BE KEPT FREE OF DEBRIS, VEGETATION
MATTER CONSTITUTING HAZARDS; DECLARED NUISANCE
- 10 - RES. NO. 1~-97
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT: AGENDA ITEM # ~ - MEETING OF FEBRUARY 18, 1997
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS
DATE: FEBRUARY 14, 1997
Attached is the Report of Appealable Land Use Items for the
period February 3 through February 14, 1997. It informs the
Commission of the various land use actions taken by the
designated boards which may be appealed by the City Commission.
Recommend review of appealable actions for the period stated;
receive and file the report as appropriate.
TO: DAVID T. HARDEN, CITY MANAGER
THRU:
DEPARTMENT OF PLANNING AN~ZONING
/
FROM: ~'JASMIN ALLEN, PLANNER
SUBJECT: MEETING OF FEBRUARY 18, 1997 *CONSENT AGENDA*
REPORT OF APPEALABLE LAND USE ITEMS
FEBRUARY 3, 1997 THRU FEBRUARY 14, 1997
The action requested of the City Commission is that of review of
appealable actions which were made by various Boards during the period
of February 3, 1997 through February 14, 1997.
This is the method of informing the City Commission of land use actions,
taken by designated Boards, which may be appealed by the City
Commission. After this meeting, the appeal period shall expire (unless the
10 day minimum has not occurred).
Section 2.4.7(E) of the LDRs applies. In summary, it provides that the City
Commission hears appeals of actions taken by an approving Board. It
also provides that the City Commission may file an appeal. To do so:
1. The item must be raised by a City Commission member.
2. By motion, an action must be taken to place the item on the next
meeting of the Commission as an appealed item.
City Commission Documentation
Appealable Items Meeting of February 18, 1997
Page 2
A. Approved (7 to 0), a request to change the architectural
elevations (awning addition) for The Prudential Florida Realty,
located at the northwest corner of East Atlantic Avenue and
Andrews Avenue.
B. Approved (7 to 0), a request for color change at Abbey Delray,
located at the southwest corner of Congress Avenue and
Lowson Boulevard.
C. Granted (7 to 0) with conditions, an eighteen month extension
of the site plan approval for Holiday Inn/Camino Real, located
at the northwest corner of East Atlantic Avenue and Ocean
Boulevard.
D. Approved (6 to 0, Carter stepped down), the site plan,
landscape plan and architectural elevation plan associated with
a 2,548 sq. ft. building addition for Straghn & Son Tri-City
Funeral Home, located on the west side of S.W. 5th Avenue,
south of Atlantic Avenue. Concurrently, the Board approved a
request to reduce the required right-of-way width for S.W. 5th
Avenue from 60 feet to 50 feet, thus waiving the requirement
for this property to dedicate 5 additional feet.
1. Approved on a 4 to I vote (Johnson dissenting), the Certificate of
Appropriateness associated with the design change for the front
entrance door and business sign at BSA Office, located on the
north side of N.E. 2nd Street, east of Swinton Avenue.
2. Approved (5 to 0), the Certificate of Appropriateness for a
contributing single family residence at 214 N.E. Sth Street, to allow
a color change and the installation of decorative tiles around the
windows and doors. Concurrently, the Board denied the white
wood columns that have been added to the front entrance.
City Commission Documentation
Appealable Items Meeting of February 18, 1997
Page 3
3. Approved (5 to 0), the free standing sign for the Historic Delray
Green Market at the CRA parking lot across from the Community
Center.
4. Continued (as the applicant was not present), the Certificate of
Appropriateness for a contributing single family residence located
at 109 Dixie Boulevard to change the roof material from wood
shingles to fiberglass shingles.
No Regular Meeting of the Board was held during this period.
By motion, receive and file this report.
Attachment: Location Map
LOCATION MAP FOR
CITY COMMISSION MEETING
OF FEBRUARY 18, 1997
L-30 CANAL
LAKE IDA ROAD
NW
i
SW
ATLANTIC AVENUE
:~
o
LOWSON BOULEVARD
LINTON BOULEVARD -r
i
>. L ..... J
L-.38 CANAL C-15 CANAL
CITY LIMITS ........... S.P.R.A.B.: H.P.B.:
A. - THE PRUDENTIAL FLORIDA 1. - B.S.A. OFFICE
B. - ABBEY DELRAY 2. - 214 N.E. 5TH STREET
i MiLE
J C, - HOLIDAY INN/CAMINO REAL 3. - HISTORIC DELRAY GREEN MARKET
I
I
D. - STRAGHN &: SON TRI-CI'P( 4. - 109 DIXIE BOULEVARD
SCALE FUNERAL HOME
N
CiTY OF DELRAY BEACH, FL
PLANNING DEPARTMENT
-- DIGII'~/_ ~45E MAP SYE~E'M --
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~'~
SUBJECT: AGENDA ITEM ~ ~ ~ - MEETING OF FEBRUARY 18, 1997
AWARD OF BIDS AND CONTRACTS
DATE: FEBRUARY 14, 1997
This is before the Commission to approve the award of the follow-
ing bids and contracts:
1. Contract renewal to U.S. Filter/Davis Process for renewal of
the annual maintenance contract for wet scrubbers located at
Lift Stations 1, 4, 11 & 80, at the rate of $650 per month
per site for a total of $31,200, from 441-5144-536-46.20.
2. Grant awards through the SHIP and HOME programs for the
rehabilitation of three single family housing units, to be
awarded as follows: $14,642.25 to Tommy Preston for 501
S.W. 9th Street, $12,757.50 to South Florida Construction
for 311 S.W. 4th Street, and $15,227.50 to Abisset Construc-
tion for 314 S.W. 9th Street, with funding from SHIP Account
No. 118-1924-554-49.19 and HOME Account No. 118-1923-554-
49.19.
AGENDA REOUEST
Date: January 31, 1997
Request to be placed on:
X Regular Agenda
Special Agenda
__ Workshop Agenda When: February 18, 1997
Description of item (who, what, where, how much): Staff rec_uests
Commission approval of a proposal for renewal of an annual contract with
U.S. Filter/Davis Process for maintenance of wet scrubber units at Lift
Stations #1, 4, 11 and 80. The current rate of S650.00 per month per
unit will be maintained for a total annual amount of $31,200.00. This
renewal will expire September 70, lp97.F%u~ding is from Account #441-
5144-536-~,~. Lift Station Maintenance.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends approval of annual contract renewal.
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:O/~O
Funding alternatives ~//ff i?~applicable)
Account No. & Description
Account Balance
City Manager Review:
Approved for agenda: YES/NO
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
MEMORANDUM
TO: David T. Harden
City Manager
FROM: Richard C. Hasko, P.E.
Asst. City Engineer
SUBJECT: SCRUBBER SERVICE CONTRACT RENEWAL
DATE: January 31,1997
Attached is an agenda request and a copy of a proposal from U.S. Filter/Davis process for
renewal of our annual maintenance contract for wet scrubbers located at Lift Stations
#1,4,11, and 80. This proposal is for a one year renewal period at the current rate of
$650.00 per month per unit for a total contract amount of $31,200.00. ~l~his renewal will
expire September 30, 1997. Funding is from account #441-5144-536-,sf2.20, Lift Station
Maintenance, Chemicals.
Please place this item on the February 4 agenda for consideration by City Commission.
RCH/gm
Attachment:
cc: Robert Bullard, Manager, Maintenance
Jackie Rooney, Purchasing
file: s/eng/eng/ltr/dick/scrbmu.doc
2650 TALLEVAST ROAD P. O. BOX 29
SARASOTA, FL 34243 TALLEVAST, FL 34270
TELEPHONE 941-355-2971 FACSIMILE 941-351-4756
January 28, 1997
Mr. Richard Hasko, P. E.
Deputy Director of Public Utilities
City Of Dekay
434 South Swinton Avenue
Delmy Beach, Fl. 33~4~
RE: SCRUBBER SERVICE CONTRACT
Dear Mr. Hasko:
As per our conversation, you expressed to me that the City of Dekay would like to exercise its
option for a one year renewal as per the original contract ending September 30th 1997.
We at U.S. Filter/Davis Process would be pleased to honor your request and extend the existing
contract for scrubber service contract on L. S. 1, 4, 11, and 80 at the existing price of $650.00
per month, per site.
We at U.S. Filter/Davis Process honor and value your business and would like to continue this
relationship.
If you have any questions please do not hesitate to call me at 1-800-345-3982.
Sincerely,
U. S. FILTER/DAVIS PROCESS
U.S. FILTER DISTRIBUTION GROUP, INC.
Sales Representative
F:\group~sales\j t\delmy.ext
"7
Agenda Item No.'
AGENDA REQUEST
Request to be placed on: Date: February 10, 1997
__ Regular Agenda
__ Special Agenda
__ Workshop Agenda
xxxxx Consent Agenda When: Februaary 18, 1997
Description of item (who, what, where, how much):.
CASE# ADDRESS SHIP AMT HOME AMT TOTAL
94-003HS 501 S.W. 9th Street $3.660.57 $10.981.68 $14,642.25
93-042HS 311 S.W. 4th Street $3.189.38 $ 9.568.12 $12.757.50
95-016HS__314 S.W. 9th Street___ $3.806.88__$11.420.62 $15.227.50
(Example: Request from Atlantic High School for $2,000 to funds project graduation).
ORDINANCE / RESOLUTION REQUIED: YES/NO Draft Attached: YES/NO
Recommendation: Recommend approval of affordable rehabilitation grant award through
the State Housing Initiatives Partnership Program (SHIP) account 118-1924-554-49.19
&HOME Investment Partnerships Program (HOME) account 118-1923-554-
49.19
(Example: Recommend approval with funding from Special Events Account No. 001-
3333-555-44.55)
Department Head Signature: "~_~_~A, _~J_~, l~
City Attorney Review/ Recommendation (if
applicable):
Budget Director Review (required on all item~ng expenditure of funds): Funding available: ~'O ~
Funding Alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
ApprovedHold Until: for agenda~
Agenda Coordinator Review:
Received:
Placed on Agenda:
MEMORANDUM
TO: David Harden, City Manager
FROM: Michael Simon, Acting Community Development Coordinator/f////''''~'~
THRU: Lula Butler, Community Improvement Director
DATE: February 10, 1997
SUBJECT: CONSENT AGENDA
Home Investment Partnership Program (HOME) & State Housing
Initiatives Partnership Program (SHIP) Rehabilitation of Owner Occupied
Units.
ITEM BEFORE THE COMMISSION
This is to request approval for three Housing Rehabilitation Grant Awards through the
State Housing Initiatives Partnership Program (SHIP) & the Home Investment Partnership
Program (HOME). This request is in accordance with the City's approved Housing
Assistance Plan developed for the SHIP Program as well as the agreement for HOME
funds between the City and Palm Beach County.
BACKGROUND
The grant awards are based on the actual cost of the rehabilitation as determined by the
low bidder plus a 5% contingency. The contingency may be used for change orders. All
unused funds remain with the SHIP & HOME grant programs.
As required by the Home Agreement between the City and Palm Beach County we will
obtain a Promissory Note from the homeowner, and record it in the public records of Palm
Beach County.
Inspection of work is done by the Department of Community Improvement's Building
Inspection and Community Development Divisions. Contracts are executed between the
building contractor and the property owner. The City remains the agent and this office
monitors all work performed by the contractor ensuring compliance according to
specifications and program guidelines. Pay Request forms require both contractor and
homeowner's signatures. Grant recipients have met all eligibility requirements as specified
in the approved Policies and Procedures.
The rehabilitation activity will bring the homes to minimum code requirements by repairing
roofs, electric and plumbing systems and correcting other incipient code violations.
Detailed work write-ups and individual case files are available for review at the
Community Development Division Office.
RECOMMENDATIONS
Staff recommends awarding the bids for three Housing Rehabilitation projects to the
verified low bidders and authorizes the award of appropriate grants through the (SHIP) &
(HOME) programs. Twenty-five percent (25%) of total funds will be charged to the
SHIP account and the remaining seventy- five percent (75%) of funds will be charged to
the HOME accoum for the following:
CASE# ADDRESS SHIP AMT HOME AMT
94-003HS 501 S.W. 9th Street $3,660.57 $10,981.68
93-042HS 311 S.W. 4th Street $3,189.38 $ 9,568.12
95-016HS 314 S.W. 9th Street $3,806.88 $11,420.62
CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DMSION
BID INFORMATION SHEET FOR HOME & SHIP
BID #: 97-12HS
APPLICANT: Victoria G. Franklin
APPLICATION #: 94-003HS
PROJECT ADDRESS: 501 S.W. 9th Street
DATE OF BID LETTERS: January 23, 1997
DATE OF BID OPENING: February 3, 1997
NAME OF CONTRACTORS AMOUNT OF BIDS
ABISSET CORPORATION $
ALPHA ULTRA INC. $ 14,550.00
CRAFTMAN PLUS, INC. $
DATOTA CONSTRUCTION, INC. $
A. F. DOZER, INC. $ 19~065.00
RAY GRAEVE $
H.M.P. BUILDERS, INC. $
HENRY HAYWOOD $
INTERCONTINENTAL CONST. CORP. $ 15,000.00
EDWARD J. KAPLAN $
TOMMY PRESTON $ 13,945.00
SOUTH FLORIDA CONSTRUCTION $ 14,935.00
CONTRACTOR AWARDED CONTRACT: Tommy Preston
BID/CONTRACT AMOUNT: $13,945.00
COMMENTS: Bid awarded to low bidder.
CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DMSION
CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DMSION
BID INFORMATION SHEET FOR HOME & SHIP
BID #: 97-12HS
APPLICANT: Robert Shingle Tolbert
APPLICATION #: 95-016HS
PROJECT ADDRESS: 314 S.W. 9th Street
DATE OF BID LETTERS: January 23, 1997
DATE OF BID OPENING: February 3, 1997
NAME OF CONTRACTORS AMOUNT OF BIDS
ABISSET CORPORATION $14: 550.00
ALPHA ULTRA INC. $15,770.00
CRAFTMAN PLUS, INC. $
DATOTA CONSTRUCTION, INC. $
A. F. DOZER, INC. $18,850.00
RAY GRAEVE $
H.M.P. BUILDERS, INC. $19,844.00
HENRY HAYWOOD $
INTERCONTINENTAL CONST. CORP. $15,480.00
EDWARD J. KAPLAN $
TOMMY PRESTON $15,000.00
SOUTH FLORIDA CONSTRUCTION $ ! 4,8 ! 5.00
CONTRACTOR AWARDED CONTRACT: Ab±$set Construct±on
BID/CONTRACT AMOUNT: $14,550.00
COMMENTS: Bid awarded to low bidder.
CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION
CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION
BID INFORMATION SHEET FOR HOME & SH/P
BID #: 97-12HS
APPLICANT: Elius Ery & Anne Marie Seine
APPLICATION #: 93-042HS
PROJECT ADDRESS: 311 S.W. 4th Street
DATE OF BID LETTERS: January 23, 1997
DATE OF BID OPENING: February 3, 1997
NAME OF CONTRACTORS AMOUNT OF BIDS
ABISSET CORPORATION $12,310.00
ALPHA ULTRA INC. $14,100.00
CRAFTMAN PLUS, INC. $
DATOTA CONSTRUCTION, INC. $
A. F. DOZER, INC. $16,665.00
RAY GRAEVE $
H.M.P. BUILDERS, INC. $15,083.00
HENRY HAYWOOD $
INTERCONTINENTAL CONST. CORP. $14,880.00
EDWARD J. KAPLAN $
TOMMY PRESTON $13,425.00
SOUTH FLORIDA CONSTRUCTION $12,150.00
CONTRACTOR AWARDEDCONTRACT: South Florida Construction
BID/CONTRACT AMOUNT: $12,150.00
COMMENTS: Bid awarded to Iow bidder.
CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION
MEMORANDUM
TO: David T. Harden
City Manager CiTY
FROM: Richard C. Hasko, P.E.~,{~
Asst. City Engineer
SUBJECT: INTERLOCAL AGREEMENT FOR SALE OF WATER TO
HIGHLAND BEACH
DATE: February 11, 1997
With regards to the subject proposed agreement and Ms. Mariano's request to increase
the maximum flow from 1.5 MGD to 2.0 MGD (February 4 correspondence), a review of
current physical and permitted capacities for the City's WTP indicates that, even under a
peak flow of 2 MGD for limited periods of time, we would anticipate no significant
detrimental impact on City Facilities.
Our current water use permit from South Florida Water Management District (SFWMD)
limits maximum daily withdrawal from all ground water supply wells to 22.39 MG,
coincident with the design plant treatment capacity. It further limits total annual
withdrawal to 5449 MG or an average daily flow of 14.92 MGD. For comparison, our
maximum day withdrawal for FY 95/96 was 17.12 MGD (vs 22.39 permitted), and our
total annual withdrawal for that period was 4755.3 MG (vs 5449 MG permitted). Based
on historical flows, provision of up to 2 MGD to Highland Beach for limited periods of
time will have no significant impact on City facilities.
It should be noted that our current SFWMD water use permit will expire December 10,
1997. We anticipate requesting an increased annual withdrawal allocation in conjunction
with the permit renewal to accommodate future system expansion as well as additional
capacity for recharging the Aquifer Storage and Recovery well. Sufficient excess
withdrawal to accommodate the terms of the subject agreement can be addressed as
necessary at that time as well.
Should you require additional advice in this regard, please contact me at ext. 7303.
RCH/gm
cc: William H. Greenwood, Director of ESD
Don Haley, Manager, Water Treatment Plant
file: s/eng/eng/ltr/dick/hilndh20.doc
Town of Highland Beach ArlinM ' ;r res$
Vice Mayor:
John F. Rand
Commissioners:
3614 SOUTH OCEAN BOULEVARD · HIGHLAND BEACH. FLORIDA 33487 ArthurG, Eypel
David Augenstein
Thomas J. Reid
407-278-4548
Town Manager:
Palm Beach County, Florida FAX 407-265-3582 Mary Ann Ma~iano
February 4, 1997
Mr. David T. Harden City Manager
City of Delray Beach
100 NWl" Avenue
Delray Beach, FL 33444
Dear David:
After review and assessment of the most recently proposed Interlocal Agreement for
bulk water purchase from Delray Beach, the Town of Highland Beach would
request that you go through the approval process with your City Council to make a
formal offer to the Town of Highland Beach for consideration by the Town
Commission. I have attached a copy of that proposed Agreement.
I would, however, request that Paragraph 2 of the Agreement be amended to reflect
the amount of 2,000,000 gpd rather than 1,500,000 gpd.
Thank you for your continued cooperation and attention to this matter.
Sincerely,
Ma~y An~0 Marian'o
Town Manager
cc: Mayor Voress
"Tree City U.S.A."
INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH
AND THE TOWN OF HIGHLAND BEACH
THIS INTERLOCAL AGREEMENT, entered into this day of ,
1996 (hereinafter referred to as the "Agreement"), by and between the CITY OF DELRAY
BEACH, hereinafter referred to as "City", a municipal corporation existing under the laws of
the State of Florida, and the TOWN OF HIGHLAND BEACH, a municipal corporation
existing under the laws of the State of Florida, hereinafter referred to as "Town".
WITNESSETH:
WHEREAS, the City and the Town have water lines in close proximity to each other
east of the Intracoastal Waterway; and
WHEREAS, the City and the Town desire to guard against the potential danger of
· failure of water service to customers within their service area; and
WHEREAS, the Town desires to have an additional source of water supply, in addition
to its own wellfield; and,
WHEREAS, the City and the Town desire to address their mutual concern by entering
into this Interlocal Agreement, pursuant to Section 163.01, Florida Statutes.
NOW, THEREFORE, in consideration of the mutual covenants and promises herein
contained, the parties hereby agree as follows:
1. Recitations set forth above are incorporated herein.
2. The City shall sell and deliver to the Town, and the Town shall purchase and
receive from the City hereunder, treated, potable water necessary to fulfill the additional water
requirements of the Town, up to 2,000,000 gallons per day, during the effective period of this
contract. In the event that, despite all reasonable diligence exercised by the City in developing
and maintaining adequate sources of water supply, there should be at any time an insufficient
supply of water available to fulfill the requirements of customers of the Town, due to
prohibitions, restrictions, limitations or requirements of local, state or federal governmental
agencies having jurisdiction over such matters or due to any other causes beyond its control
such as, but not limited to, those more specifically set forth in Paragraphs 10 and 1l hereof,
the City shall be deemed to have fully performed its duties and to have discharged its
obligations hereunder if, in such circumstances, it shall furnish and deliver to the Town its
surplus water over and above the needs of the inhabitants of the City of Delray Beach.
3. In the event that the City is unable to fulfill the requirements of customers of
the Town, then the Town shall have the right, without cancellation of this agreement, to seek
other alternative sources of water to fulfill the needs of the inhabitants of the Town that are not
at that time being filled by the City. If the City is unable to supply the requirements of
customers of the Town this shall not terminate nor cancel this agreement.
4. If the Town requests an amount in excess of 500,000 gallons of water per day
then a water main upgrade will be required to be constructed in order to handle a larger
volume of water. The cost of the water main upgrade, if needed, will be shared by both
Parties equally. The Parties agree that the City shall construct the water main upgrade and
shall have 180 days to construct the upgrade after it is mutually agreed by the Parties that a
water main upgrade is needed.
5. The Parties agree that water will be delivered at the existing interconnect site at
or near the common municipal boundary east of the Intracoastal waterway.
2
6. The Town agrees that the interconnect and water meter may be located within
the Town's corporate limits if the City determines that it would be necessary to accommodate
the installation. The interconnect and water meter will be maintained by the City.
7. The Town agrees to share the cost of installing the interconnect and the water
meter equally with the City. Construction and installation of the interconnect and water meter
shall be performed by the City and completed within sixty (60) days of the execution of this
Agreement.
8. The Town is to pay the City the prevailing water rate charged to nonresidential
users outside the City. As the rate for nonresidential users is increased or decreased
subsequent to the date of this contract the rate payable by the Town shall float with said
increases or decreases. Payment by the Town to the City for water consumed shall be within
thirty (30) days after furnishing of monthly bills.
9. No prior or present agreements or representations shall be binding on the City
or the Town, except for that Agreement dated April 14, 1970 between the Parties, unless
included in this Agreement.
10. Any temporary cessation in delivery or pressure of water through the
interconnection caused by an act of God, fire, strike, civil or military authority, State, County
or Federal regulatory authority, insurrection or riot, civil unrest, or other action that is beyond
the reasonable control of the City shall not constitute a breach of this Agreement on the part of
the City, and the City shall not be liable to the Town or its customers for any loss or damage
resulting from such cessation of delivery or pressure.
11. During the terms of this Agreement the Parties shall be bound by their
ordinances governing water restrictions as well as any other applicable South Florida Water
Management District, County, State or Federal requirements governing water restrictions and
the Parties agree to enforce and abide by such restrictions within the service area, as long as
the same shall be binding upon both Parties. The Parties agrees to take all steps reasonable to
cure any defect resulting in the restriction.
12. Upon the occurrence of an Event of Default by a Party, the non-defaulting Party
shall have the right to terminate this Agreement and its services hereunder, and to disconnect
or block the connection facilities. An Event of Default shall occur (1) upon failure of a Party
to pay when due any amount hereunder, which non-payment shall not have been cured by the
Party within thirty (30) days following the Party's receipt of written notice of such non-
payment, or (2) upon failure of the Party to cure any non-monetary default within thirty (30)
days after which it is given written notice, provided, however, that if such non-monetary
default cannot by its nature reasonably be cured within such thirty (30) day period, an Event of
Default shall not occur if the Party shall in good faith commence such cure within such period
and shall thereafter diligently and continuously pursue such cure to completion at the earliest
possible date. The full amount of all sums due or to become due to the non-defaulting Party
hereunder, including but not limited to any unpaid water charges and accrued interest thereon,
upon an Event of Default become immediately due and payable in full without further demand
or notice. It is further provided, however, that the defaulting Party's payment to the non-
defaulting Party of any disputed amounts shall not impair its rights to dispute or litigate any
such said amounts. Repeated and frequent defaults, although subsequently cured within the
thirty (30) day period, shall, in the non-defaulting Party's sole discretion, constitute a non-
curable default, and shall result in an acceleration of all sums due or to become due to the non-
defaulting Party. The remedies indicated by this paragraph shall be in addition to any other
remedy in law or in equity, which the non-defaulting Party might have or which might be
provided in this Agreement.
13. Each Party shall be responsible for its own negligence in connection with,
arising out of or incident to, the performance of this Agreement.
14. The invalidity of any portion, article, paragraph, provision, clause or any
portion thereof of this Agreement shall have no effect upon the validity of any other part or
portion hereof.
15. To the extent allowed by law the venue for any action arising from this
Agreement shall be in Palm Beach County, Florida.
16. This Agreement shall be governed by and in accordance with the Laws of the
State of Florida.
17. For the purpose of this Agreement, notices provided for herein shall be deemed
sufficient when addressed to the following addressees and deposited in the U.S. mail:
City: Office of the City Manager
City of Delray Beach Florida
100 N.W. 1st Avenue
Delray Beach, FL 33444
Town: Office of the Town Manager
Town of Highland Beach
3614 South Ocean Boulevard
Highland Beach, FL 33487
18. Neither the City, nor the Town, shall assign, convey or transfer any rights or
interest in this Interlocal Agreement without the written consent of the other.
19. All resolutions and agreements of the City and the Town in conflict or
inconsistent herewith are hereby repealed insofar as any conflict or any inconsistency exists.
20. This Agreement shall be and remain in full force and effect for and during a
period of twenty-five (25) years from the date of execution by both Parties.
21. The Agreement may be amended only in writing, executed by both Parties to
the Agreement and filed with the Clerk of Circuit Court pursuant to Florida Statute 163.01.
22. This Agreement shall take effect upon its execution by both Parties, and its
filing with the Clerk of the Circuit Court in and for Palm Beach County, Florida.
IN WITNESS WHEREOF, said City of Delray Beach, acting by and through its City
Commission as the governing body, has caused this Agreement to be executed in its name and
on its behalf by the Mayor of said Commission, its official seal to be hereunto affixed, attested
by the Clerk of said City, and the Town of Highland Beach, acting by and through its official
governmental body, has caused this Agreement to be executed in its behalf by its legal and
official representative, its official seal to be hereunto affixed, attested by the Clerk of said
municipality, the day and year first above written.
ATTEST: CITY OF DELRAY BEACH
By:
City Clerk Jay Alperin, Mayor
Approved as to Form:
City Attorney
6
ATTEST: TOWN OF HIGHLAND BEACH
By:
Town Clerk Mayor
Approved as to Form:
Town Attorney
highlnd.agt
7
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY'MANAGER
SUBJECT: AGENDA ITEM # ~- REGULAR MEETING OF FEBRUARY 18, 1997
APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD ACTION
(INGRAHAMAVENUE PARKING LOT)
DATE: FEBRUARY 14, 1997
On January 22, 1997, the Site Plan Review and Appearance Board
denied a waiver to the perimeter landscape requirement associated
with additional parking spaces at the Ingraham Avenue parking lot.
At staff's request, the Commission appealed this action on
February 4th to give staff time to develop and review alternative
designs or options.
Attached is my memorandum outlining several alternatives for
providing the 30 additional parking spaces called for in our
agreement with the County.
Commission direction is requested.
ref:agmemoll
Ingraham Park Parking Lot
Page 2
MEMORANDUM
TO: City Commission
FROM: David T. Harden, City Manager~
SUBJECT: Ingraham Park Parking Lot
DATE: February 14, 1997
The attached memo from the Planning staff discusses the pros and cons of approving
the setback waiver for the eight parallel parking spaces proposed on the north side of
the Ingraham Park parking lot. While staff believes that this encroachment will not
adversely affect the neighboring area, obviously the majority of the SPRAB Board and
several abutting property owners feel otherwise.
In response to this situation the staff has developed several alternatives for providing
the 30 additional parking spaces called for in our agreement with the County.
Alternate 1. Closes the west parking lot entrance off Ingraham and maintains a setback
of five feet or more for the parallel spaces on the north side of the lot.
Alternate 2. This was the original staff proposal since only the parking lot in Ingraham
Park takes vehicular access off Ingraham. By running Ingraham through the parking lot
(or closing Ingraham, depending on how you look at it) we could increase the number of
parking spaces from 48 to 106. This alternate was previously rejected because of
objections from the condominium on the south side of Ingraham.
Alternate 3. Closes the west parking lot entrance off Ingraham, eliminating all parallel
spaces on the north side of the lot, and reduces the number of handicapped spaces by
one while adding two regular spaces at the north end of the lot. It also requires creation
of 25 compact parking spaces.
Alternate 4. This alternate is similar to the alternate rejected by SPRAB, but Ingraham
would remain two-way from State Road A-1-A to the parking lot entrance, thus
minimizing beach traffic going into the neighborhood.
We have also looked at how we might avoid putting parking on Ingraham Avenue. This
would require locating 20 parking spaces somewhere else. Using Alternate 1 or 3, if we
put the handicapped spaces off the Sandoway House entrance on either the Sandoway
House or Sandoway Park side, and create ten perpendicular spaces at the northeast
end of the Ingraham lot, we could gain seven or eight spaces, depending on which
Alternate you used. Then we could gain six spaces by closing the middle cut through in
Ingraham Park Parking Lot
Page 2
the middle parking bays in the Sandoway lot. This would leave us six or seven spaces
short, These could be added to the Sandoway lot by extending the lot about 20 feet
eastward and recontouring the dune somewhat, or by widening the lot 2.8 feet to the
south (where we have a 9.7 foot setback) and converting one double loaded bay to
perpendicular parking.
The staff considered making Ingraham one-way with on street parking acceptable for
the following reasons:
1. There are currently three one-way streets offA-1-A; Bay Street is one-way west, and
Beach Drive and Lang Street are one-way east.
2. Many of the streets off A-1-A south of Atlantic have extensive back out parking, in
some cases on both sides of the street.
3. The parking could be restricted to prohibit parking between, say, 8:00 p.m. and 8:00
a.m. which should minimize disturbance to the neighbors.
Commission direction is requested between these alternatives or some other variation.
DTH:kwg
Attachment
File:u:graham/ccomm
Doc.:lngraham.lot
TO: DAVID T. HARDEN, CITY MANAGER
THRU: DIANE DOMINGUEZ, DIREt~TOR
DEPARTMENT/OE PLAI~NING AND ZONING
~BENI(DR PLANNER
SUBJECT: MEETING OF FEBRUARY 18, 1997
APPEAL OF THE SITE PLAN REVIEW AND APPEARANCE
BOARD'S DENIAL OF A LANDSCAPE WAIVER ASSOCIATED
WITH A NON-IMPACTING SITE PLAN MODIFICATION FOR
INGRAHAM PARK PARKING LOT.
The action requested of the City Commission is that of
consideration of an appeal of a landscape waiver denied by the
Site Plan Review and Appearance Board for Ingraham Park
parking lot. The subject property is located at the northwest corner
of South Ocean Boulevard and Ingraham Avenue, within the OS
(Open Space) zone district.
SPRAB action was taken on January 22, 1997. The action was
appealed by the City Commission at its meeting of February 4,
1997. The focus of the appeal relates to the denial of a landscape
waiver for a portion of the north side of the property line.
The proposal incorporates an unplatted parcel of land consisting of
approximately 0.76 acres and containing an existing 49-space parking lot. The
development proposal is to install 12 additional parking spaces on the north side
of the Ingraham Park parking lot: 4 parallel spaces on the west end; 4 parallel
spaces in the center; and, 4 perpendicular parking spaces (2 handicap
accessible, 2 standard) at the east end of the parking lot. The proposal also
City Commission Documentation
Meeting of February 18, 1997
Appeal of SPRAB Action - Ingraham Park Landscape Waiver
Page 2
includes the installation of a new driveway on the west side of the parking lot
adjacent Gleason Street. The additional parking is being provided to address
the condition of the interlocal agreement between Palm Beach County and the
City of Delray Beach regarding the purchase of the Sandoway House, which
required the City to provide 30 additional parking spaces. The proposed
improvements to the existing parking lot will reduce the required 5' wide
perimeter landscape strip along a portion of the north property line to 1.5' wide
which requires a waiver to LDR Section 4.6.16(H)(3)(d).
Required Findings:
Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving
body shall make a finding that the granting of the waiver:
(a) Shall not adversely affect the neighboring area;
(b) Shall not significantly diminish the provision of public facilities;
(c) Shall not create an unsafe situation; or,
(d) Does not result in the grant of a special privilege in that the same waiver
would be granted under similar circumstances on other property for
another applicant or owner.
The waiver will only apply to two sections (88' and 50' in length -138' total) of the
357' section of the property abutting private property. On the abutting properties
adjacent to the waiver areas are existing walls, fences and landscaping. While
the waiver will allow a 1.5' landscape strip in these limited areas, the balance of
the perimeter landscape strip abutting the private properties will be maintained at
10' in width, which exceeds the code requirement. The waiver request will not
adversely affect the neighboring area, diminish the provision of public facilities,
nor create an unsafe situation. Granting the waiver will not result in a special
privilege, as the same request has been granted on other properties, given
similar circumstances for another applicant or owner.
At its meeting of January 22, 1997, the Site Plan Review and Appearance Board
reviewed the landscape waiver request for Ingraham Park. There were 5
members of the public who spoke in opposition to the waiver, and no testimony
was provided supporting the request. The Board discussed the proposal and felt
City Commission Documentation
Meeting of February 18, 1997
Appeal of SPRAB Action - Ingraham Park Landscape Waiver
Page 3
that the City should set the example and not request waivers to the code; that
the waiver is only part of the problem relating to parking at Ingraham Park, and
that reduction of the landscape strip would impact the adjacent residences. The
Board felt that additional parking should be provided at Sandoway Park to the
north. After lengthy discussion, SPRAB voted 5-0 (Pakradooni and Little absent)
to deny the request for a landscape waiver.
A. Continue with direction.
B. Uphold the Site Plan Review and Appearance Board's decision and deny
the landscape waiver to LDR Section 4.6.16(H)(3)(d), to allow a reduction
of the perimeter landscape strip width from the required 5' to 1.5' along
the north property line adjacent to the parallel parking spaces based upon
a failure to make a positive finding with LDR Section 2.4.7(B)(5).
C. Reverse the Site Plan Review and Appearance Board's decision and
approve the landscape waiver to LDR Section 4.6.16(H)(3)(d), to allow a
reduction of the perimeter landscape strip width from the required 5' to
1.5' along the north property line adjacent to the parallel parking spaces,
based upon a positive finding with LDR Section 2.4.7(B)(5), with
conditions, if any.
Commission's discretion.
Attachment:
· Site Plan
',,. ................ P '
MEMORANDUM
DATE: February 13, 1997
TO: David Harden, City Manager I Y'~
FROM: Lula C. Butler, Director, Community Improvement
RE: Request for Release of Lien
ITEM BEFORE THE BOARD:
City Commission consideration of a request from the House Of God Church to release
the Code Enforcement lien in the amount of $2,854.86 on property purchased by the
church addressed as 48 1/2 NW 3rd Ave. The request is based on a financial hardship.
BACKGROUND:
The City condemned and ultimately demolished an unsafe structure that was located on
the property on August 17, 1992 and subsequently billed the legal property owner
January 14, 1993. The church purchased the property approximately eight (8) months
after the City filed its lien for demolition costs. The City's actual out-of-pocket expenses
for the demolition activity was $2,172.00.
The Church has submitted plans to modify an established conditional use to allow the
conversion of an existing single family residence to a pastor's study and multi-purpose
facility with 584 square feet of building additions, the construction of a 6-space parking
lot and required landscape improvements. The Church is stating that the cost of these
improvements are substantial for the size of its congregation and that if they are
required to pay the lien it would create a hardship and have a major impact on their
ability to complete the planned improvements. Information on title insurance was not
made available to us.
The Commission has considered requests to release liens and have approved some
based on the reasons and verified hardship of each.
RECOMMENDATION:
Staff is recommending City Commission consider hardship information presented by the
pastor of House of God Church that may justify releasing the portion of the lien that is
above the City's actual costs of $2,172.
Taylor.cc
Date: February 13, 1997 Agenda Item No. ~
AGENDA REQUEST
Agenda request to be placed on:
X__ Regular __ Special __ Workshop Consent
When: February 18, 1997
Description of Agenda Item:
Request for Release of a Lien for the House of God Church - 48 1/2 NW 3rd Avenue
Amount: ~':SS ~,%%t4.~
Ordinance/Resolution Required: Yes / No Draft Attached: Yes / No
Recommendation: Commission Action
Department Head Signature.'~ ~_~_ .[0& ~~
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:
Approved for agenda:~? No ~
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved / Disapproved 1/17/96
THE HOUSE OF GOD, WHICH IS THE CHURCH
OF THE LIVING GOD, THE PILLAR
AND GROUND OF THE TRUTH
WITHOUT CONTROVERSY Dt~; 2 6 1996
Keith Dominion
O, iTY ~.'~'"' .... "'-":
Bishop J.C. Elliott, Tr. Eld. Jerry Taylor, Pastor
Chief Overseer & State Bishop Delray Beach No.2
MEMORANDUM
December 20, 1996
TO: The Honorable David T. Harden
FROM: Jerry Taylor, Pastor, The House of God, Church
RE: Waiver Request
Mr. Harden, in following your instruction to put my request in writing, I thank you for your
consideration to review my request. The property for consideration is Lot 11, Block 36, Property
Control #12-43-46-16-01-036-0111. My small congregation made a down payment on this
property 12/2/92. This transaction was sent to probate court. During this time, it was made
known that a notice of lein for welfare assistance dated 7/17/90 was exacted against this property
which was satisfied 11/92. According to the probate lawyer hired through Gulf Atlantic Title
Company, the property was cleared. We proceeded to close the purchase transaction. The
closing was completed on 10/93.
I received notice 11/96 that the church was delinquent in paying the $2,854.86 bill plus interest.
I understand that this lein was invoiced 1/14/93 and the property was leined 2/19/93.
Mr. Manager To Your Honor Sir, we had no prior knowledge of this obligation until now. As we
have fervently pressed to raise funds to renovate our church facility to bring it up to standard to
be presentable with other historical sites, Mr. Manager, the rejection of this request would be a
tremendous hardship to the parishioners. (Our proposed plans are presently being reviewed in
City Hall for the forwarding of our proposed renovation. Mr. Manager, a financial set-back at
this time would be devastating. I, along with the parishioners of this church, strongly beseech
you and your fellow commissioners to be entreated of our needed request of waiver.
Respectfully yours,
Jerry Taylor, Pastor
MEMORANDUM '
-
TO: Lula Butler, Community Improvement Director
FROM' Richard Bauer, Code Enforcement Administrator ~
SUBJECT: CITY MANAGER INQUIRY ON ATTACHED LIEN WAIVER ~
REQUEST FOR LOT 11, BLOCK 36, TOWN OF DELRAY
DATE: January 6, 1997
A small house situated on subject property was demolished on August 17, 1992,
with the appropriate lien filed on February 19, 1993.
According to Pastor Taylor's letter, the House of God Church completed their
purchase of the property in October, 1993, 8 months after the City filed its lien
for demolition costs.
We did encounter a problem with the initial demolition of the structure in
question. The surviving property owners claimed the house was demolished
one day early and that as a result, they suffered property damage losses.
However, the City's former City Attorney, after reviewing the matter, indicated
that any claims would have to be made against the demolition contractor.
The timing of the demolition (above) does not appear to be the question. On a
real estate purchase transaction, title search (and insurance) would normally be
extended to the day title is transferred.
I have attached our demolition file on this case for your review.
RB:mh
TO: LEE GRAHAH, RISK MANAG~NT OFFICER
THRU: RICHARD BAUER, CODE ENFORCEHENT ADHINISTRATOR
FROM: NORMA SMITH, EXECDTIVE ASSISTANT'
SUBJECT: LOIS BONNER, 48 1/2 ~F~.'3RD AVENUE
DATE: AUGUST 23, 1993 r
The following is a list of the course of events leading to the demolition of
the property mentioned above:
Owner: Lois Bonner and MA Blue and Glen Holt estate
3-27-92 Notice of Condemnation (giving 30 days to vacant and 60
days to start rehab work)
3-30-92 Notice received by Charles Bishop
6-4-92 Affidavit recorded stating city's intention to demolish
structure
6-16-92 Bids for demolition due
6-22-92 Notice to Proceed prepared
6-22-92 Notice to property owners stating proposed demolition to
be soon after 7-7-92
6-24-92 Notice received by Lois Bonner
7-2-92 Purchase Order issued to Cushing Demolition
7-24-92 Letter to Florida Power and Light to remove meter
8-17-92 Building demolished
8-28-92 Affidavit recorded stating building was demolished by the
City of Delray Beach
1-14-93 Bill sent to property owners..
Norma Smith
CTT¥ CT.ERE Invoice
SOLD TO
Date
['-- --] Terms -
r,O±S ~onne:,Zi.A. ]~.Lue ~. Clan [?olt E~t.
Del:ay Seach~ Fr, 33444 ;
QUANTITY DESCRIPTION UNIT COST AMOUNT
ASSESS[,~:~T for-correctin? unsafe
condition-on Lt. 11, Blk. 36,Town
of Delray, PB 5, P 38, .Public ~ecor(
of Palm Beach County, Florida.
(48% N.W. 3rd Ave.)' $2172.00
Payments made within tkirty(30)days Adm. Co:.:t 2t7.2~
of '~he date of this invoice will be $2389.20
accepted .-.,/ithou-t interest, after
which thirty day period3 interest at
the rate of 6% per ann~u~ shall ac-
crue on any unpaid portion of this
assessment and a lien shall, be
placed on the property.
001-2741-524-34.35
Res. No. 1-93
U/B 180
WHITE - CUSTOMER · YELLOW - CASHIER · PINK - ACCOUNTING · GOLDENROD - CONTROL
N
· ~ HOUSE OF GOD CHURCH
MEMORANDUM
TO: David T. Harden, City Manager
~/~obert A. Barcinski, Assistant City Manager
FROM:
SUBJECT: Agenda Item #~t~) City Commission Meeting, February 18, 1997
Special Event Request - S.O.S. Taste of the Grove
DATE: February 14, 1997
ACTION
City Commission is requested to endorse the 3rd Annual S.O.S. "Taste of the Grove" to
be held on March 23rd from 6:00 p.m. - 9:00 p.m., to grant a temporary use permit per
LDR's Section 2.4.6 (H) for use of city streets, to provide staff support for the event, and
to waive stage rental fees and any charges that may be incurred for regular staff hours.
Overtime costs will be paid for by the event sponsors.
BACKGROUND
We have received a request from Pineapple Grove for support of this event as follows:
Street closure - N.W. 1st Street from Swinton to N.W. 1st Avenue and N.W.
1st Avenue 250' either side of N.W. 1st Street
· Use of the small City stage to include staff set up
· Police security
The goal this year is to raise $25,000. All of the dollars raised through ticket sales will go
to charity 100% to the Delray Beach Community Child Care Center. Pineapple Grove is
requesting waiver of the $1500 stage rental fee and waiver of costs for regular staff
hours. They have agreed to pay overtime costs. Estimated overtime costs for police
security, stage set up, and barricade set up is $1,500.00 We will set up the stage on
Friday and remove on Monday to reduce overtime costs. The staff will set up in the
parking lot of the new medical building on N.W. 1st Avenue. Staff recommends
however that the street closure be approved from 7:00 a.m. Sunday March 23rd until
11:00 p.m. Sunday March 23rd versus noon march 22nd to noon March 24th.
RECOMMENDATION
Staff recommends approval of the temporary use permit, closing of the streets with
exceptions recommended, providing staff support as requested and waiver of the stage
rental fee and waiver of any charges for regular staff hours.
RAB:tas
cc: Major Schroeder
Joe Weldon
Hoyt Owens
Rick Weeks
File:u:sweeney/agenda
Doc.:2SOSTast. doc
92-i3-97 99:$aAX ?ROX6223291
TASTE OF THE GROVE
~" Pineapple Grove- Delray Beach, Florida
',~..~.
, March 23, 1997
~ganizi/~ Comm/Hee:
Memorandum
Bob Nichols
#onora~
DATE: February '13, 1997
Anthony Damiano
C/~a/~sn TO.' David Harden, City Manager
Nandra Weeks City of Delray Beach
C~Chgr FROM: Rick Weeks, Operations Chair
SOS Taste of the Grove
Lisa DamJano
ca~ Swanz SUBJECT: Third Annua~ Taste of the Grove
Paul S~heible
/..)e~tau/~nt C'oor~?~atom
Jennifer 19lpaU~ck This memorandum constitutes our application for permit for the
Corpo~w ~pon,~o~..~/~/p use of City rights-of-ways and City services in connection with the
proposed outdoor event, sponsored by Share Our Strength
~:_~I~)~ ¥~h (SOS) and benefiting the Community Child Care Center and the
Migrant Association of South Florida. The proposed outdoor
#~ ~x,x event is described in detail below.
~ We~s Event Details.
· Event Name: Third Annual Taste of the Grove
Bonnie Davis · Event Date: Sunday March 23, 1997
Co,ir, ha Olden - Event Time: 6:00 p.m. until 9:00 p.m.
l~c/~-t ~:,1~ ~_?oo~.~o~:.~· Event Location:NW 1st Street, between Swinton Avenue
& NW 1st Avenue and the portion of NW 1st Avenue
Susan Willis immediately adjacent to NW 1st Street (also utilized will be
~-~- o/',~,~,,,,,~:X,,:,ce- certain privately owned properties along the north and south
sides of NW 1st Street, with permission granted by the
respective property owners)
Recip/cn~ A~;enc/c~: · Crowd Expectancy: 1,500 (including attendees, volunteers,
chefs, etc.)
Community Child Care Center
Migrant Association of So. Flodda
02-I3-97 09:5aA~I FSOM6223291 fO 81561£437~66 ?003
General Description.
SOS is an international charitable organization which supports food distribution to
meet the immediate food needs of individuals who are hungry along with nutritional
education and other programs to establish long-term self-sufficiency. Since its
founding in 1984, SOS has distributed more than $30 million to over 800 organizations
in the United States, Canada, and around the world. The Taste of the Grove event is
undertaken in support of the SOS mission. The Third Annual Taste of the Grove will be
held on Palm Sunday, March 23, 1997 and will feature 30 - 40 local restaurants, each
of which will volunteer their time and money to prepare their specialty dish for up to
1,500 people. National Distributing Company is donating the wine and beer to
complement each restaurant's offering and non-alcoholic beverages will likewise be
available. Live entertainment will be ongoing throughout the event. Tickets are $25
(advanced) and $30 (day of the event) and 100% of ticket sales go to charities.
Additional funds will be raised through a live auction (Bob Nichols - Auctioneer) and a
Tree of Abundance.
_C, ity of Delray Beach Involvement.
We seek the City's permits/waivers, as applicable:
1. to close, from Noon Saturday, March 22, 1997 to Noon Monday March 24, 1997, the
full block of NW 1st Street from Swinton Avenue to NW 1st Avenue, the Alley
running north from NW 1st Street to NW 2nd Street (the alley will be utilized for
staging, loading, and unloading), and the section of NW 1st Avenue extending 250
feet to the North and South of NW 1st Street;
2. to utilize outdoor, amplified public address and sound systems during the hours of
the event and 30 minutes beyond;
3. for alcohol consumption in connection with the Taste of the Grove event, the
requested waiver will apply to the entire event location as described on the previous
page; and
4. for such other items as might be suggested by the nature of the event, including
waiver of tent permit fees.
We further seek the City's support in this undertaking by providing any of the following
that might be available:
1. barricades (1) at the intersection of NW 1st Street and North Swinton Avenue, (2) in
the Alley mid-way between NW 1st Street and NW 2nd Street, (3) on NW 1st
Avenue 250 feet north of NW 1 st Street, and (4) on NW 1 st Avenue 250 feet south
of NW 1st Street;
2. traffic control, signage (e.g., event parking, etc.), and security as appropriate;
3. the City's large, covered stage to be located immediately north of the new parking
tot at 15 NW 1st Street (Michael Weiner's new building);
4. trash collection on the day following the event (BFI will donate trash receptacles
that will be located at various points around the event, a dumpster, and portalets.
· 02-~3.-97. 09' 5/~AX ~'P~OX 62£329~, ?'0 q~. a~c, e',~
Taste of the Grove volunteers will police the area for trash during and immediately
after the event.);
5. parking in COmmunity Center, City Hall, and/or CRA parking lots on the day of the
event; and
6. such other City services that Department Heads might suggest.
The Taste of the Grove committee is aware that certain charges may be assessed by
the City in connection with the services provided. Any and all support the City might
provide will be greatly appreciated and will facilitate ,SOS's efforts with hunger relief in
our community. Please contact me to discuss fee requirements so that we may procure
corporate support and allocate an adequate budget for these items.
Thank you in advance for your thoughtful consideration of this request. Should you
require clarification and/or additional information, please contact Rick Weeks at (954)
492-1480 or Nandra Weeks at (561) 995-0900, extension 318.
Copy to: Dr. Jay Alperin
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
SUBJECT: AGENDA ITEM # ~' - MEETING OF FEBRUARY 18, 1997
PROPOSED PEDI-CAB SERVICE
DATE: FEBRUARY 14, 1997
This is before the Commission to provide direction regarding a
request by a private business to operate a pedi-cab, or bicycle
taxi transportation service in the downtown and beach area of the
City.
Pedi-cabs are a bicycle taxi-cab service that uses tricycles with
rear cabs that seat two-to-three people. This service would be
used to transport people for relatively short distances; for
example, from the beach area to and from the central downtown
area. They would operate on the streets, moving with automobile
traffic.
The City's ordinances do not currently address this type of
transportation service. The City Attorney's office recommends
that the Commission adopt an ordinance similar to that of Key
West in order to have control of this type of vehicle operation
within the City. The Police Department has expressed some
concerns related to the congestion and safety on Atlantic
Avenue. The Florida Department of Transportation has indicated
there would be no prohibition against these vehicles operating on
state roads within the City. Additional findings as a result of
our research are set out in the staff report.
Staff requests direction as to whether or not to proceed with the
drafting of an ordinance or temporary agreement to allow the
proposed pedi-cab service.
TO: DAVID T. HARDEN
DEPARTMENT OF PLANNING AND ZONING t~ ~
SUBJECT: MEETING OF FEBRUARY 18, 1997
DISCUSSION REGARDING PROPOSED PEDI-CAB SERVICE
The action requested of the Commission is providing direction to staff regarding a
request by a private business to operate a pedi-cab, or bicycle taxi, service in the City.
~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:`:~:~:~~~~~~~~~?~~~~~~~~~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~~~:~:~~~~`~~:~~~~~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~~~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~>:~>>>:~:.>>:~>:.>:`>>:~>x~:~>:~:~:~:~>>:~>>>:~>:~:~>:~:.>:~:.>:~:.>:~:.>>>>>>>>>>>>>>:~:~:~>:~:~>>>>>>:~>:~>:~>>:<.:~:<.>~~~~~~~~~~~~~~~~~~~~~.~~>>>>>~.:~:~~.~~.~~~~~.~~~.~.~..~~
ilrl rlllll I TIT TT T Illlllllllll
The Planning and Zoning Department has received a proposal for the establishment of
a pedi-cab service in the downtown and beach area. Pedi-cabs are a bicycle taxi-cab
service that uses tricycles with rear cabs that seat 2-3 people. The vehicles are
manually operated but have small moped motors that can be used for additional power.
The service would be used to transport people for relatively short distances, for
instance, from the beach area to the central downtown and back. The bicycles operate
on the streets and move along with automobile traffic. The attached letter from Allen
Tate provides a more detailed explanation of the proposed service.
The City's ordinances do not contain any provisions for this type of transportation
service. In the time since the request was submitted, staff has researched other cities'
ordinances, has spoken to representatives of cities that have pedi-cab service, and has
had the request reviewed by the City's Police Department. We also spoke with
representatives of the Florida Department of Transportation, who indicated that there
would be no prohibition against the vehicles operating on state roads.
Attached are memos from the City Attorney's office and Police Department regarding
the proposal. In brief, the Police Department expressed some concern about the
bicycles adding to the existing congestion on Atlantic Avenue, and also noted the
importance of having the vehicles properly lit at night. The City Attorney's office
recommends that if the City decides to allow the service, an ordinance should be
drafted which would identify the permitted routes, and specify requirements for
insurance, licensing, etc.
City Commission Documentation
Request to Establish Pedi-Cab Service
Page 2
Regarding our discussions with people in cities that have the service, the comments
were quite positive. The most helpful conversation I had was with San Antonio Police
Officer Rick Cullers, who is the city's Supervisor of Ground Transporation. In response
to a similar request in his city, Officer Cullers surveyed the police departments in
Seattle, Charlotte NC, Honolulu, San Francisco, Denver, and Washington, D.C. He
said that many cities do not even regulate the service, and few had any significant
complaints. A pedi-cab service has operated in the Fisherman's Wharf section of San
Francisco for 10 years with no accidents. Based on the results of his research, he is
recommending that San Antonio adopt an ordinance allowing and regulating the
service.
Some of the potential benefits to establishing the service in Delray Beach are as
follows:
· Would help to move people back and forth over the Intracoastal Waterway, which
can be a barrier to pedestrian traffic.
· Can add to the use of more remote parking areas, as people can use the
service to get from their cars to their ultimate destination.
· Operators can act as tour guides, and help to promote Delray Beach and
its history.
· Helps to further the objectives contained in the Traffic Element of the
Comprehensive Plan, regarding the adoption of measures to enhance mobility in our
Transportation Concurrency Exception Area (TCEA).
On the negative side are the concerns about congestion and the overall safety of the
service. Some of these concerns could be addressed in an ordinance. The service
could be permitted on a trial basis, as is being done in Fort Lauderdale, in order to
assess its impact on the downtown.
Discuss and provide direction to staff as to whether or not to proceed with the drafting
of an ordinance or temporary agreement to allow the proposed pedi-cab service.
Attachments:
· Letter from Allen Tate, Delray Beach Pedi-Cab Company
· Memorandum from Captain William McCollom of the Delray Police Dept.
· Memorandum from David Tolces, Assistant City Attorney
s:reports/ccpedi/2-13-97
November 14, 1996
Ms. Diane Dominguez, A.I.C.P.
Director of Planning and Zoning
City of Delray Beach
100 NW 1 st Avenue
Delray Beach, FL 33444
Re: Proposed Business: The Delray Beach Pedi-Cab Company
Dear Ms. Dominguez:
On November 13, I spoke with Jeffrey Costello regarding the above referenced business that my
partners and I would like to begin operating in Delray Beach. Mr. Costello informed me that a
business of this type is not one that would be found under normal business guidelines for city
occupational licenses and that we will probably require City Council approval and/or special use
exception.
This letter shall serve as an introduction and overview of what the company is all about and where
it fits in the overall growth of Delray Beach:
Concept
The Delray Beach Pedi-Cab Company is to be a bicycle taxi service utilizing specially designed
tri-cycles with rear cabs that seat 2-3 people. The taxis are operated by a driver who may either
pedal manually or who may be assisted mechanically with a small mo-ped motor. A motorcycle
license would not be required by each pedi-cab operators due to the low horsepower involved as
well as the motor being manually assisted by pedaling. Pedi-cabs are a very popular, quiet,
economical and environmentally friendly means of transportation for short distances as evidenced
by the success of similar businesses in Key West, FL, Atlantic City, NJ, Venice Beach, CA,
Nantucket, MA, Corpus Christy, TX, New Orleans, LA and other well known tourists areas.
, The pedi-cab service will be another "plus" to the growing tourist industry in Delray Beach,
offering unique, fun, comfortable, low cost transportation to and from hotels, bars,
restaurants, and shops. The range of taxi service will encompass points between George Bush
Blvd. to the north, Linton Blvd. to the south (along the beach only), A1A to the east then
west to around Swinton Blvd., staying in the Pineapple/historical and downtown district as
much as possible (see attached map).
· The Pedi-Cab Taxi Service will also offer guided tours of Delray's historic district and special
points of interest. Tours will range in content, length and cost and are expected to be very
popular once implemented.
Ms. Diane Dominguez, A.I.C.P.
November 14, 1996
Page Two
· We also hope to cut down on local DUI potentials: Restaurant and bar owners could call on a
pedi-cab for local patrons and tourists who have had too much to drink thus keeping people
who should not be driving off the street.
Scenmio 1: A couple visiting from New York check into their hotel on the beach
and notice a brochure on the counter for the Delray Beach Pedi-Cab Company.
They settle imo their room, change, make reservations for dinner and call the
service for a pick-up. A peri-cab is at the door within minutes and for a
reasonable fare, the couple are off to dinner in an open air pedi-cab with a cool
ocean breeze gently blowing. They enjoy a pleasant ride with a tour guide on
board telling about the history, shopping, night life and the dozens of other
activities and points of interest for visitors to Delray Beach. In the evening, at, er
their meal is over, they hail a peri-cab and take a relaxing ride along the beach
before being dropped off at their hotel.
Scenario 2 Two ladies laden with shopping bags step out onto Atlantic Avenue.
They have been shopping all day and have about 5 long blocks between them and
their car. A pedi-cab is passing by, the ladies hail the driver, climb on board, and
sit back in the comfortable seat for an enjoyable ride back at their car in minutes.
Hours of operation
The Pedi-Cab Taxi Service will be available seven (7) days a week from 9:00 AM to 11:00 PM
(possibly as late as 2:00 am on Friday and Saturday nights to take the bar patrons home). Drivers
will be hired as independent contractors, and will be required to have valid driver's licenses. Full
coverage accident and liability insurance will be provided by the Delray Beach Pedi-Cab
Company.
The primary operations and storage facility will be located at Richwagen's Cycle Center, 217 E.
Atlantic Avenue with a regular stop and turnaround at the 6 South restaurant and Power's
Lounge. When not hired by a fare, pedi-cab drivers will ride up and down Atlantic Avenue and
AIA and will communicate via two-way radio when a pick-up is scheduled.
Ms. Diane Dominguez, A.I.C.P.
November 14, 1996
Page Three
Initially, four (4) pedi-cabs will be purchased at a cost of $5,000.00 each. Each pedi-cab is steel
constructed, very sturdy, safe and built to withstand the elements and everyday wear and tear. A
fold down cover is available for inclement weather or sunny days. The dimensions of the pedi-
cabs are approximately four (4) feet in width, six (6) feet in length and as such drivers of pedi-
cabs should easily maneuver in and through the downtown traffic with great ease while obeying
all traffic laws and rules. The bikes are quiet and easy to maintain. Advertising space is provided
on the backs of the cabs and will be available to local merchants bi-annually for a fee.
The Delray Beach Pedi-Cab Company will be owned and operated by Albert Richwagen, Allen
Tare and Myra Mahoney. As stated above, Albert Richwagen is co-owner of Richwagen Cycle
Center which has been operating on Atlantic Avenue for 38 years.
We would obviously like to begin work on setting up this business as soon as possible in hope of
catching the "season" and fully understand that there are probably many factors for you to
consider before we can move ahead, however if there is any thing I can do to help or if you
require additional information, please do not hesitate to call me at 954-428-5645.
Thank you for your time and consideration.
Sincerely,
cc: Jeffrey Costello
DELRAY BEACH
Delray Beach PoliCe Department
Ail-America C~y
(561) 243-7888 Fax (561) 243-7816
] 993
MEMORANDUM
TO: Diane Dominguez
Director of Planning and Z°ni~'g/\
FROM: Lieutenant William McCollo~ ~d'
Special Operations Section"--'"
DATE: December 26, 1996
SUBJECT: pROPOSED PEDI-CAB SERVICE
After reviewing the proposal for a Pedi-Cab service in the downtown area,
several concerns are raised:
· The area is already heavily congested and the addition of a pedi-cab will only
serve to increase the back-load of vehicles on the Avenue. This could
potentially deter shoppers from the area and increase the vehicle crashes in
this area.
· The owners of the pedi-cab would have to conform to the Department of
Transportation's requirements while operating east of the Federal Highways.
· While operating at night in certain sections of SRAIA and East Atlantic
Avenue, the lighting is limited. What type of lighting does the pedi-cab have
and what degree of visibility does it provide?
Our response is in reflection of merchant complaints about the condition of traffic
and our concern for everyone's safety. If I can be of further assistance or
answer any questions, please feel free to contact me at 243-7885.
MWIgb
cc: Major Schroeder . *.--..
Captain Melis .. :::: ,? ,,, ,,,,.
[ITV OF OELRI:]¥
CITY ATTORNEY'S OFFICE
Writer's Direct Line: (561) 243-70~
DEL~Y 8EA~
AII.A.~ica ~ MEMORANDUM
1993
TO: David T. Harden, City Manager
FROM: David N. Tolces, Assistant City Attorne~
SUBJECT: Proposed Pedi-Cab Regulations
In light of the interest in pedi-cabs, certain issues should be addressed prior to allowing
the pedi-cab companies to operate within the City limits. Many of these issues are
properly addressed in the City of Key West's ordinance.
Due to the potential for traffic disruption on City streets, there should be some formal
regulations which govern the streets on which the cycles may or may not operate. The
most evident traffic problems would be on Federal Highway, A-l-A, and Swinton
Avenue. An ordinance could be adopted which would prohibit the operation of the pedi-
cabs on those particular streets. A list of conditions similar to Section 110.07 could be
adopted.
Section I10.03 of the Key West ordinance properly requires the submission of an
application, insurance, and payment of all licensing fees. It might also be necessary to
require that the company pay an administrative fee which would cover inspection fees
and enforcement costs which the City could incur in enforcing the ordinance. While the
formal issuance of a permit may not be necessary, verifying certain documentation such
as insurance and all licenses would be proper.
Despite the fact that there is only one company currently interested in operating in
Delray Beach, the potential is for more to operate on City streets. Therefore, it might
be wise at this time to adopt an ordinance similar to Key West's ordinance in order to
have control on the pedi-cab's operation within the City.
DNT:smk
~: Sus~ A. R~y, City Atto~ey
Di~e ~n~ez, Dir~or of Plying & ~ning 'l ,'
~ ~,~ o~ ~o:.,~P~,~, ~ANN lNG & ZONtNG
MEMORANDUM
TO: David T. Harden
City Manager
FROM: ~ Robert A. Barcinski
Assistant City Manager
DATE: February 13, 1997
SUBJECT: AGENDA ITEM #~'f' CITY COMMISSION MEETING FEBRUARY 18,
'1997 CONSIDERATION EDUCATION BOARD RECOMMENDATIONS
Action
City Commission is requested to consider endorsing and authorizing the Mayor to send
a letter to the Chair of the Palm Beach County School Board regarding the following
Education Board recommendations:
t. Recommend to the School Board not to indiscriminately cut existing magnet
programs in particular the I.B. Program at Atlantic High School and the Montessori
Program at S.D. Spady Elementary School in order to fund new magnet programs.
2. Recommend to the School Board that they not cut or move back in their seven (7)
year Capital Improvement Program funding for Delray Beach schools.
The School Board has recently been considering budget cuts in existing magnet
programs in order to fund new magnet programs. The most recent action of the School
Board was to now request recommendations for voluntary cuts from existing programs
versus mandatory cuts. The Education Board had no objections to voluntary cuts
offered by the principals, but feels that any mandatory cuts required that may in effect
kill the existing programs or make them less effective, should not be made. The Board
felt that it was better to fully fund existing successful programs than to partially fund
additional programs. The Board felt both programs would suffer.
The School Board is also in the process of reviewing and finalizing their proposed 7 year
Capital Improvement Program. There have been discussions at the School Board level
to cut back on proposed funding for some of the Delray Beach Schools and push back
to later years other funding proposals. The Education Board is opposed to any changes
affecting our schools and is particularly concerned about the Delray Beach Full Service
Center and Atlantic High School projects.
Subject: AGENDA ITEM CITY COMMISSION MEETING FEBRUARY 'I 8. 1997
CONSIDERATION EDUCATION BOARD RECOMMENDATIONS
Psge: Two (2)
Date: February 13, 1997
The original proposed list for CIP funding for Delray Beach schools is as follows:
Year School Amount
3 Delray Beach Full Service Center $2.0 million
4 Banyan Creek Elementary School $2.3 million
4 Atlantic High School $8.2 million
4 Pine Grove Elementary School $7.3 million
5 Carver Middle School $.2 million
5 S.D. Spady Elementary School $2.1 million
6 Plumosa Elementary School $4.4 million
7 Orchard View Elementary School $0.01 million
Recommendation
Staff recommends endorsement of the Education Board recommendations and
authorizing the Mayor to send letters to the Chair of the Palm Beach County School
Board.
RAB:tas
File: u:sweeney/asmemos
Doc: edboard.agn
48 THE PALM BEACH POST SATURDAY, NOVEMBER 2, 1996 w s c
SCHOOL CONSTRUCTION: THE PRIORITIES Bear LakesM. 4 2.4 1,52] 1.20l 27% I05
Timber Trace E. 4 3. t 865 690 25% 280
The Palm Beach County School District's staff scheduled. Suncoast H. 4 5.0 t,205 989 22%
proposes that the system complete its con- ]he school board will begin looking at the
struction projects in this order of priority if priority list Monday. The year refers to the GamxyE. 4 3.2 719 596 21% 155
voters approve a suggested 1 -cent sales tax timing 0¢ the project in a $900 million, seven* Sent. Trails E. 4 2.8 879 738 !9% 230
increase in a referendum, which hasn't been year construction plan. Belvedere E. 4 2.3 738 642 15% None
PERCENT ADOiTIONS Crystal Lakes E.4 3. I 906 790 15% t 70
COST PERM- OVEN PLANNED Starlight Cove E. 4 ,2 1.O83 945 5% None
YEAR(MILL* ENROLL- ANENT (-BELOW) (STUDENT
IONS) MENT CAPACITY* CAPACITY SEATS) Congress M. ~ 5. l 1.436 1,3 ! 9 9% None
Melaleuca E, 4 ,6 934 870 7% None
Highland E. $7 849 410 107%
Forest Hill H 4 4.2 t.631 I 537 6% 227
West Gate E. 3 702 38 t 84% 230
No/th Tach Center 4 7.5 n/a n/a n/a
Lake Shore M. 18. I 1.443 BO0 80% Nolle***
Grove Park E. 4 1,5 692 696 - 1% 120
U.B.K./Palmview E 5. I 663 392 69% 454
H.L. Watklns M. 5.5 1.527 1.000 53% 354 ~'~[ Pine
Grove
E.
4
7.3
679
683
-1%
277
Meadow Park E. 4 3.0 620 634 -2% None
Lake Park £, 2,8 545 360 51% 1 OD
New - Cer~ral E.4 12.5 n/a n/a n/a 970
J.F. Kennedy M. 2.5 1.385 1.236 12% 60
Adult Ed Center 4 2.5 rl/a 75 n/a None
West Riviera E. 6.8 815 875 -7% 50
Boca Retort H. 2.6 1.806 1,959 -8% None New - Boynton H.4 40.0 .n/a n/a n/a 2.507
New Middle TBA a 19.5 n/a nla n/a 1.304
Washington E. 5.8 463 6 t 2 -24% 2 t 0
New. North E. 4 12.5 n/a n/a n/a 970
South Grade E. 10.5 n/a n/a n/a
New - Boynton mgn 33.0 n/a n/a n/a 2.507 Well. Landings M. 5 2.9 ] 845 I.I37 62% 180
Indian Ridge Center 2.0 90 43 109 60 Cypress Tr. E. 5 .7 1.095 690 59% 50
Panther Run E. 5 3.7 941 690 36% 280
New - S. Central E. [2.5 n/a n/a n/a 970
New. S. AIL 2.0 n/a n/a n/a 350 Palm Sp. E. 5 1.6 790 647 22% 75
Well. E. 5 1,4 I 197 986 21% None
New - Weir. M. 18.0 n/a n/a n/a 1,304
Omni M. 5 3.0 1.446 1.202 20% 90
New - N. Alt, 1.6 n/a n/a n/a 350
J.C. Mitchell E.5 3.8 760 654 16% 193
LW.H.phase 2 180 2.526 1,447 75% 950
No~thmore E, 2 I0.0 560 406 38% 329 ~panlsh River H.5 2.7 2.673 2.366 13% 130
Verde E. 5 3.1 851 759 12% 166
Pah. E ohase 2 2 3.0 668 495 35% None
RooSevelt E. 5 5.2 877 783 12% 124
Jupiter H. 2 12,0 1.618 2.772 -42% NOne
P.B.G. E 5 3.7 779 700 I1% 280
North Grade 2 12.6 449 22 1.941% 768
Jupiter M. 5 5.3 1,425 1.300 t 0% None
South Area H, 2 2.0 167 81 106% 115
Carver
M.
5
8%
None
Palmetto E. 2 5.3 517 258 I00% 3]8
Lox, Grove~ E. 5 3.7 739 688 7% 280
New HorizOns E. 2 3.4 I;238 694 78% 275
Forest Hill E 2 3.7 I. l i 9 678 65% 275 Wm. T. Dwyer H. 5 4.7 2.008 1.890 6% 630
Citrus Cove E. 2 2.2 I. tO0 692 59% 275 Sandp, Shores E,5 2.4 855 815 5% 155
Calusa E. 5 2.0 733 702 4% ] 55
Lantana M. 2 3.6 774 487 59% 236
Spady
E,
5
I
610
587
4%
1
38
Liberty Park E. 2 I. I !.2~11 798 56% None
C. McAullffe M. 5 2.5 1,260 t.279 3% 163
Li.~ht house E. 2 3.8 1.088 706 54% 260
Connlston M. 5 5.6 1,218 1,208 [%
Acreage Pines E,2 3.3 1,068 894 54% 275
South Tach Can. 5 7.0 n/a nye n/a n/a
Boca Raton E. 2 2.3 333 225 48% 106
'h~St Tach Center 5 3.0 n/a n/a n/a n/e
Rolling Green E.2 5,3 877 ~02 46% 236
New - Middle TBA5 20.0 n/a n/a Ilia 1304
H.L. Johnson E. 2 3. I 1.093 766 43% 200
New - E, TBA 5 ! 3.6 n/a n/a n/a 970
Wynnebrook E~ 2 3.3 t .013 722 40% None
Northsh. - reuse5 5.0 n/a 1.052 n/a None
Lantana E. 2 3.4 853 621 37% 232
Limestone Creek E. 2 2.6 978 723 35% 247 Jupiter H. - Ph. 3 6 3.3 1.618 2.772 .42% None
Crestwood M. 6 6.2 1.465 1.286 14% None
Greenacres E 2 6.0 816 614 33% 345
Oiy, Heights H, 2 4.6 2.144 1,772 21% ?t~ Palm BeaCh Lakes6 4.0 2,648 2,594 2% None
School of the Arts 2 4.0 1.068 !.052 2% 120*** Cunning./Canal P.E. 6 2.6 785 770 2% 79
Royalpalm 2 1.2 213 270 -21% ,~ ~~' 2l ~,O,~',,/KlfldaneE. 6 5.6 1.036 1.027 I% NOne
Whisper. Pines E. 6 2.9 831 826 1% ] 40
Nmthboro E. 2 2.5 684 883 -23% None
BO~I Retort ~i, 6 4.3 1,225 1.219 0% 93
New- N. Alt. 2 2.0 n/a n/a fl/a 3150
· ,~ Plumosa E. 6 4.4 613 611 0% 109
New - S. Alt 2 2.0 n/a n/a n/a 350 ~, I~ad~ V~ew E. 6 2.4 600 599 0% 65
New- Resid. Alt.2 3.0 n/a n/e n/a - 350
Loggers' Run M 6 5.0 1.261 1.265 0% None
New-S Can E. 2 I2.5 n/a n/a n/a 970
RooSevelt M. 6 .3 1.343 1.357 -I% None
U.B,K./Palmv. Ph, 2 3 4.0 663 3g~2
Jerry Thomas E. 6 5.2 788 821 -4% 117
Del Prado E. 3 2.6 1.164 720 62% 260
Gold Coast 3 4.0 363 239 ~2% · 271 El~t L~k~ E, 6 5.2 664 700 .5e~ 270
Wellington H. 6 2.6 1.993 2.551 .22% None
W.B. Duncan M 3 3,3 i.685 1.190 42% IOO
South Olive E 3 1.7 888 644 38% Nofle Pahokee Md/Sen. 6 2.3 888 1.202 .26% None
New - E. TBA 6 14.0 n/a n/a n/a 970
Berkshire E. 3 4,0 84l 618 36% 233 NeW. [ TBA 6 14,0 n/a n/a n/a 970
Indian Ftnes E 3 2,9 937 694 35% 280
New - Middle TBA6 20.6 n/a n/a n/a 1.304
Hammock Polnte E. 3 2.8 922 690 34% 280
Santalucea H. 7 3.0 2.923 2.465 19% None
A. Mlzner E. 3 6,0 937 703 33% 168
P.B. Gardens H. 7 7.B 2.O16 2.133 5% 274
Lake Worth M 3 2,6 1,573 i, ! 85 33% 130
Jeff. Davis M. 3 §,3 1.667 1,282 :~ 30% Nolle Hagen Road E. 7 2.3 621 691 .10% 155
_~f Orchard View E.7 0.0 ] 849 976 - 13% None
Coral Sunset E, 3 2,6 987 766 29% 195 P,~I;~ (~-~i 7 2.7 442 520 -15% None
Barton E, 3 4.8 984 768 28% None
Westward E. 7 ,6 626 740 -15% None
Jupiter Farms E.3 2.7 855 694 23% 275
Forest Park E. 7 3.2 545 649 - 16% 133
1: Delray FUll Sen/. 3 2,0 131 IlO< · 19% .90
Jupiter E 7 1.7 575 688 - 16% None
School of Choice 3 .8 306 476 .36% None
New-N.W. Cen. E.3 12.5 n/a lt/a~: - ~/ll~%~ ~'970 N. PalmBeach 7 5.3 684 829 -17% 142
Rosenwald E. 7 2.0 540 690 -22% None
New - W. Cen Alt. 3 1,5 n/a n/a n/a 200
New - S. Can. M.3 18.0 n/e ~i/'a n/e j,~ Gove E. 7 2.3 575 791 -27% None
D.D.Eisenh.E. 7 3.3 68:2 939 -27% None
Roose. Full Sen/. 3 .S 200 0 - 1 O0 90
Allardanda E, 7 2.6 ~02 848 -29% None
New- W. Alter. 3 1.5 n/a n/a , . n/d 200
New - S.W. Cert. E. 3 12.5 n/a n~a n/a 970 New - E. TBA 7 14.4 n/a n/a n/a 970
Jupiter H. - Pt1. 2 4 I 1,0 1,618 2.772 ~ ~42% NOne New - E, TIaA 7 14.4 rl/a n/a n/a 970
Sabal Palm n/a 1.0 294 66 345% 80
John I. Leo H. 4 4.6 3.037 1.910 59% None
E. -- Elementary M ~ Mlddlm H -- High
~j[ Atlantic H. 4 8.2 2.396 1,720 39% Nor~
Manatee E. 4 ,2 1,293 966 34% None lhey're supposed Io be, I.e aft rooms for afl instead of as regular classrooms.
.~ BanYan Creek E. 4 2.3 1,028 779 32% 186 ... Schools to be reetaced SOURCE: Palm Beach County SChoOl District
M E M 0 R A N D U M
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: APPOINTMENT TO THE EDUCATION BOARD
DATE: FEBRUARY 12, 1997
Rebecca A. Jennings has submitted her resignation from the Education
Board, creating a vacancy for an unexpired term ending July 31, 1998.
In order to qualify for membership, "The members of the Education
Board shall be residents of the City of Delray Beach or shall be a
person with a child or children attending Delray Beach public schools
or shall own property in the city and/or own or operate a business
within the city. Should a member of the Education Board not be a
resident of the City of Delray Beach, or a property owner and/or the
owner/operator of a business within the city, and should that member's
child or children cease attending Delray Beach public schools, then
such member shall no longer be qualified to serve on the board".
Also, it is the intent, if possible, that the membership of the
Education Board shall include members who have a background in busi-
ness, real estate, and/or education.
The following individuals have submitted applications for considera-
tion:
Claire Friedman
Robert Reardon
Gregory E. Young
Sylvia Wolf
Pursuant to Commission direction, a check for possible code violations
and/or municipal liens was conducted. None were found.
The appointment will be made by Commissioner Ellingsworth (Seat #3).
Recommend appointment of one (1) member to the Education Board for an
unexpired term ending July 31, 1998.
edns. doc
B. JENNINGS, INC.
Air Conditioning Sales & Service · Electrical · Refrigeration ·~ hour service
January_ 31,1997
Hr..Robert Barcinski
Citv of Delra¥ Beach
100 N.W. 1st Avenue
Dear .~. Barcinski:
Reqret_~ully, certain circumstances have arisen in my life, both on a business
and ~ersonal basis that necessitate my_ vacating my_ Board of F~ucation Seat at
this time. I truly have enjoyed the time I spent on the Board and wish you
all continued success.
Sincerely,
RECEIVED
CITY CLERK
705 BOND WAY · DELRAY BEACH, FLORIDA 33483
Delray (561) 276-6472 -W.P.B. (561) 655-6935 · Jupiter (561) 744-2771 ° Fax (561) 276-6454
A/C# CAC023511 * Elec.# EC0001505
CITY OF DELRAY BEACM, FLORIDA - CITY COMMISSION
REGULAR MEETING - February 18, 1997 - 6:00 P.M.
PUBLIC HEARINGS - 7:00 P.M.
COMMISSION CHAMBERS
AGENDA ADDENDUM
TME REGULAR AGENDA IS AMENDED TO INCLUDE:
H. RESOLUTION NO. 16-97: Consider adoption of a resolution
providing for the City's intent to purchase the S.D. ~pady
Mouse located at 170 N.W. 5th Avenue for use as a museum
site.
~, c~ DELR.&Y BEACH, FLOJ',~DA 35444
FACSIMILE 407,.'278-4755 Wfit~'s Dk~ L~e: (407) 243-7091
Ali. America City MEMO~NDUM
~aa~ TO: City Com~ssion
FROM: Brian Shutt, Assistant City A~omey
S~CT: Resolution providing got City's intent to purchase the Spady House
The C~ is seekin~ a grant in the ~ount og $20,000 from the State ~stofic Prese~ation
O~ce ~o help with the restoration of the S.D. Spady House so tha~ it may be used as a
Multi-Cultural Education Museum. The grants will be aw~ded on ~ebm~ 26, 19~7 and
in order to be e]igib]e ~or t~s grant the State Historic Prese~ation O~ce must have
documentation showing the City's intent to purchase the prope~y.
This is a prelimina~ resolution to gacilitate the grant ~nding sought by the C~. Once the
final te~s are worked out on the purchase & the Spady House a more focal resolution
will be brou~h~ begore you ~th a contract got the purchase of the house pursuant to Cky
ordinances.
By copy of this memorandum to David Harden, City Manager, our office requests that
Resolution 16-97 be placed on the February 18, 1997 City Commission agenda. Please call
if you have any questions.
cc: David T. Harden, City Manager
Alison MacGregor Harty, City Clerk
Lula Butler, Community Improvement Director
Chris Brown, Executive Director CRA
RESOLUTION NO. 16-97
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, PROVIDING ITS INTENT TO
PURCHASE THE S.D. SPADY HOUSE LOCATED AT 170 N.W.
5TH AVENUE FOR USE AS A MUSEUM SITE.
WHEREAS, the City of Delray Beach, Florida, intends to
purchase the property known as the "S.D. Spady House" for use as a
museum site; and
WHEREAS, the house is architecturally significant as to its
design and ornamentation prese~ing many prominent features of the
Mission Revival style of the 1920's; and
WHEREAS, the house is historically significant as it was
the home of Solomon David Spady, an educator and community leader
whose activities were of major importance and influence to the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That pursuant to the City's Home Rule Power
under Chapter 166 of the Florida Statutes, the City desires to
purchase the property known as the "S.D. Spady House" for use as a
museum site; said property being more particularly described as
follows:
Lots 5 & 6 and the North 26.25 feet of Lot 7, Block
19, Delray Beach, formerly Town of Linton, Palm
Beach County, Florida.
Section 2. That this declaration of the City's intent to
purchase is preliminary. The City will provide proper notification
and will proceed to approve a contract for the sale and purchase of
the property pursuant to its ordinances.
PASSED AND ADOPTED in regular session on this the 18th day
of February, 1997.
ATTEST:
/ CityVC~rk
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # /Om- REGULAR MEETING OF FEBRUARY 18, 1997
SECOND READING/PUBLIC HEARING FOR ORDINANCE NO. 3-97
(INGRAHAMAVENUE PARKING LOT)
DATE: FEBRUARY 14, 1997
This is second reading and public hearing for Ordinance No. 3-97
as amended pursuant to direction from the Commission at the
January 21st meeting. Concern was expressed about the removal of
the 'resident only' parking restriction at the Ingraham Avenue
lot, and staff was directed to research the matter further for
possible alternatives. The interlocal agreement and lease
agreement dated July 25, 1995, between the City and the County
for the Sandoway House requires that we open this lot to the
general public and make it available for use on the same basis as
City residents.
The City Attorney has researched the various documents associated
with the beach parking facilities and has determined there is no
location which can be restricted to residents only. In view of
this, Ordinance No. 3-97 has been amended to provide for permit
parking at the Ingraham lot in the same manner it is available at
Anchor Park, Sandoway Park and the Holiday Inn North lot.
However, this ordinance will also allow for designation of
"Parking by Permit Only" spaces in any of the beach parking lots.
At first reading on January 7, 1997, the Commission passed the
ordinance by unanimous vote.
Recommend approval of Ordinance No. 3-97, as amended, on second
and final reading.
ref: agmemo8
ORDINANCE NO. 3-97
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 71,
"PARKING REGULATIONS", SECTION 71.060, "PARKING
METER PERMITS" OF THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, BY AMENDING THE SECTION
HEADING TO DELETE THE WORD 'METER', AND BY REMOVING
THE 'RESIDENTS ONLY PERMIT' PARKING RESTRICTION;
AMENDING SECTION 71.058, "COST OF PARKING OR
STANDING VEHICLE IN CERTAIN METERED SPACES", BY
ADDING THE INGRAHAM AVENUE PARKING LOT; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, the Interlocal Agreement and Land Lease Agreement
dated July 25, 1995, between the City and Palm Beach County for the
Sandoway House requires that the Ingraham Avenue parking lot be open
to the general public and made available for use on the same basis as
City residents.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Title VII, "Traffic Code", Chapter 71,
"Parking Regulations", Subheading "Parking Meters", Section 71.060,
"Parking Meter Permits", of the Code of Ordinances of the City of
Delray Beach, Florida, be, and the same is hereby amended to read as
follows:
Section 71.060 PARKING~PERMITS.
(A) A "parking ~ permit" may be purchased from the
City by all which shall authorize the parking of the vehicle
persons
for which the permit was acquired in any desiqnated permit only
parking ~ space and in any parkinq meter sDace ~~ /~
~~/~~/ located within Anchor Park, Sandoway Park~
the Holiday Inn North, and Inqraham Avenue parking lots without
requiring the payment of money into the space's parking meter.
~Y (B) The cost of a parking permit shall be fifty
dollars ($50.00) per year, plus applicable taxes.
~Y (C) Each permit shall cover the period from October
1st through September 30th. There shall be no proration of the
permit fee. The application procedure and the form of the permit
shall be determined by the City administration. It shall be
illegal to deface a parking permit or to transfer a parking
permit from the vehicle for which it was acquired to any other
vehicle. However, if the parking permit sticker and other
sufficient proof is submitted to the City, and when approved in
advance by the City Manager or his designee, the parking permit
sticker may be exchanged for a new sticker and the parking permit
transferred to a substitute vehicle acquired by the permit holder
subsequent to the issuance of the original parking permit.
Section 2. That Title VII, "Traffic Code", Chapter 71,
"Parking Regulations", Subheading "Parking Meters", Section 71.058,
"Cost of Parking or Standing Vehicle in Certain Metered Spaces", of
the Code of Ordinances of the City of Delray Beach, Florida, be, and
the same is hereby amended to read as follows:
Section 71.058 COST OF PARKING OR STANDING VEHICLE IN CERTAIN
METERED SPACES.
(A) The cost of parking or standing a vehicle in a parking
meter space located in the Holiday Inn North parking lot, the
!nqraham Avenue parking lot, and in the parking lots at Atlantic-
Dunes Park, Anchor Park, and Sandoway Park shall be $.75 per hour.
The cost of parking or standing a vehicle in a parking meter space
located along State Road A-1-A shall be $.75 per hour.
(B) The only coins which the meters accept are United
States quarters.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 4. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
- 2 - Ord. No. 3-97
Section 5. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ~OPTED in regular session on second and final
reading on this the 18th day of February . . , 1997.
ATTEST:
~ Cit~ ~erk r
First Reading January 7, 1997
Second Reading January 21, 1997 (continued to 2/18/97 as
amended and readvertised)
February 18, 1997 (passed and adopted)
- 3 - Ord. No. 3-97
Pacillties Development December 2, 1996
& Operations Department
3323 Belvedere Road. Building 503
West Palm Beach. FL 33406 R. Brian Schutt, Esq.
Assistant City Attorney
(561)233-0200 City of Delray Beach
FAX~ Adm. (561) 233-0206 200 NW 1st Street
PRE.~. (561)233-02m Delray Beach, FL 33444
czD. (56u 233-0270
Re: Interlocal Agreement dated July 25, 1995
(R95-992D) by and between Palm Beach County
and the City of Delray Beach and Land Lease
· Agreement dated July 25, 1995 (R95-993D)
between Palm Beach County as Lessor and
the City of Delray Beach as Lessee.
Palm Beach County Restricted parking at Ingraham Parking Lot
Board of County
Commissioners Dear Mr. Schutt:
Ken L Foster. Chairman
On November 22, 1996 an inspection was made of the
Bur[Aaron$on. Vice Chairman properties which are the subject' of the above referenced
Interlocal Agreement and Lease. At that time it was
Karen T Marcus determined that restricted parking is still being
Carol A, Roberts enforced at the Ingraham Parking Lot on Ingraham Avenue
between Gleason Street and Old Ocean Blvd. (State Road
Warren H. Newell A1A). We have attached photographs taken on November 22,
1996 which document this condition.
Mary McCar[y
MaudeFord~e Pursuant to Agreement #5, page 1 of the Interlocal
Agreement and Article I, Section 1.03 and Article IV,
Section 4.01 of the Land Lease Agreement, we request that
Councy Administrmtor all restrictive parking signage at the subject parking
lot be removed at the earliest possible date. We would
Robert Weisman. P.E. also appreciate being notified when this action has been
completed.
If you have any questions, please call me at 561-233-
0214. Thank you for your cooperation in this matter.
Sincerely,
Robert D. Strane
Property Specialist
'an Equal OR~o,,um,y Attachment
A~.hYmat~veAct~on~rnployer' C: ROSS C. Hering, Director, PREM ................
Lease File
Lease Ngmt. File
CORE File: 12-43-46-16-2~-0~4-0010 PR
Project FiLe Schut~.Let
{~ printe~:Y on recycled pal~er
~ERLOC~L
JUL 2 5 1995
THIS X~TERLOCAL ~EEKmh'F made and entered into as oZ July 18,
19~s, by and between PA~BEA~ COUNTY~ a polit~caI s~d~vision of
~e S~ate of Florida (the 'County") and THE CITY OF DE~Y BEACH,
a municipal corporation exist~n~ under ~he laws of the State
an acre ~mproved w~h a 3~700 s~are foot residential s~c~ure;
and
additional beach par~ng, ~o e~ance ~he recreational po~en~al
~he beach are~ and ~o provide for po~ent~a~ pa~ks and recreation
related educational opporkun~t~es Including, w~hout
~o establishment off a marine educa2~on cen~eF; and
~E~S, the Co~y is willing ~o assist the c~ty
furthering the above described purposes by ac~lring said property,
'provided ~e City actively and dil~qently seeks grant funds ~o
rei~urse the County for the funds expended by ~he County
ac~r~ng sa~d property and ~e C~y agrees to provide additional
beach parking as pa~ of the development of said property and
surrounding
Now, ~REFO~, for and ~n consideration of '~e mutual
covenants and agr%emen~s contained herein, the pa~ies hereby agree
as follows:
1. The fact~ ~et lurch abo~e are true and correct.
2. The County shall ac~ire the real property legally described
~n Exhibit "A", together wi~h all improvements
%hureon, pursuant ~o ~he Agreement for ~rchase a~d Salu
attached hereto as E~ib~t
3. County shall fund $600,0o0 of ~he purchase price ut~l~zing
park ~mpac~ fees. The City shall fund all costs Os~oc~ated
'w~th the acquisition of this property pursuant ~o ~he
~rchase and Sale Agreement in excess of ~he $600,000 to
funded by County, provided however, ~at C~ty~s ~otal
obligation pursuant to his Section 3 shall not exceed $25,000.
Ci~y agrees to pay sa~d costs to County not less than five (5)
days prior to tho scheduled closing date.
4. Upon ac~is~t~on of ti=le to the proper~y by County, County
shall lease the same to C~ty for a per~od of twen=~-fivo (25)
~he ~ase Agreement attached hereto as Exhibit
5. City agrees that as an ind~oement to County to ac~ire the
property on behalf of ~he City, city shall develop the
property and City's adjacent parking lot on the south side of
~e prope~y to provide as many new parking spacms as
reasonably practical, but In no event less than ~irty (30)
new spaces. City acknowledges that ~his ~ay re~ire the
modification of i~s existing parking lo~ andre inco~oration
of one lane of Ingraham Avenue into its parking lot. city
agrees to p?rfo~ any and all modifica~ions and improvements
1
to the property, the City's existing parking lot and Ingraham
Avenue which are
spaces, necessary to provide sa/d edd/tional parking
.a.l~ a~. City,s sole cost and eXpense., elf furth
o r. nxs Agreement, shall be
open to the generaI public and shall be available for use by
~he general public on the same basis as residents of the City
of Delray Beach.
6. City shall actively and diligently pursue grant funding.
County agrees to file a ~oint application with the City to the
F/or/da Communities Trust for grant funding for this prelect
and to take all measures reasonably required to secure said
grant funding. The Proceeds of any-such grants aha1! be paid
to County to partially reimburse Count
acquir~ng said re y the funds eXpended in
P party. Not~ithsta
the event the C~*- · ....... ~ding the fore~oinn
of i-T~ ~ne ac .quxsAtion of additional'la~d't_~e~=
may offset the ~ -~.~uu~=~onaA Deac~ ark~ng, the
additional acquisition and cons=ructiOn cost of
parking spaces against the funds due County
hereunder. In the event City is unsuccessful in obtaining at
least $300,000 in grant funds within three (3) years of the
date of this Agreement, County shall have the riqht, at its
option, to terminate this Interlocal Agreement and the Lease
Agreement. In the event of such term~nation, County shall
refund to City City,s contribution to the acquis~tion costs of
the Property pa~d pursuant to paragra h ~ above, and to the
extent required pursuant to applicable grant funding
agreements, County shall refund diractl
the proceeds of any ~ .~ ..... ~ .... [ to the ~rant agana
pursuant to this . ~ra .... --~Avea oy cx~y and paid to Count~
paragraph 6, whereupon the parties shall he
relieved of all further obligation hereunder and u-nder the
Lease Agreement.
7. Pursuant to Section 153.01(11), this Interlocai Agreement
shall be filed with the Clerk of the Circuit Court of Palm
Beach County, Florida.
S. ~ls Xnterlocal Agreement and the I~ase A~reemen~ constitute
· he execution ct ~h~s ~n~e~u~ Ag~e~en~.
XM W~TH2BB ~BRBOF, ~e par~ies have caused ~his Xn~orlocal
A~e~k ~o be executed as ~ the day and yta~ firs2 above
witttn.
AT~EST:
DOROTHY H. W~LK~N, ~L~RK PAI.~ BEACH COUNTY, & political
SUbd~v~o~n O~ ~e State
-. ,~, ~
ASSt. co~y ~torne~
.~l / t'
", 0 '. ~,}': .- ~: ,
-. ~, .,..';.~.:;~, .." .,:, ..:- .;..?~,,, .'
",~.~' ~ :-.,
.:",:. ,:: ,' ~;: %." .
~y Attdrne~ ~~
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MJ~AGER~
SUBJECT: AGENDA ITEM ~/O~- REGULAR MEETING OF FEBRUARY 18, 1997
SECOND READING AND PUBLIC HEARING FOR ORDINANCE NO. 6-97
(WEST SETTLERS HISTORIC DISTRICT)
DATE: FEBRUARY 13, 1997
This is second reading and public hearing for Ordinance No. 6-97
which establishes the West Settlers Historic District and
designates it to the Local Register of Historic Places. The
designation was initiated by the Historic Preservation Board. A
copy of the designation report is attached.
The proposed West Settlers Historic District designation has been
reviewed and supported by the West Atlantic Avenue Association,
the Community Redevelopment Agency, the EPOCH Committee and many
of the affected property owners. The Historic Preservation Board
conducted a public hearing on this matter on January 22, 1997, and
voted unanimously to recommend approval. At first reading on
February 4, 1997, the Commission voted unanimously to pass the
ordinance.
Recommend approval of Ordinance No. 6-97 on second and final
reading.
ref:agmemo2
ORDINANCE NO. 6-97
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, ESTABLISHING THE WEST
SETTLERS HISTORIC DISTRICT AS THE SAME IS MORE
PARTICULARLY DESCRIBED HEREIN; DESIGNATING THE WEST
SETTLERS HISTORIC DISTRICT TO THE LOCAL REGISTER OF
HISTORIC PLACES; PROVIDING FOR THE AMENDMENT OF THE
"ZONING MAP OF DELRAY BEACH, FLORIDA, 1994" TO SHOW
THE HISTORIC DESIGNATION IN AN OVERLAY MANNER;
PROVIDING A GENEP~AL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, Section 4.5.1 of the Land Development Regulations
of the Code of Ordinances of the City of Delray Beach provides for the
designation and protection of historic sites and districts; and
WHEREAS, on February 7, 1996, the Historic Preservation
Board of the City of Delray Beach initiated the nomination of the
property hereinafter described for historic district designation, and
a designation report was subsequently prepared; and
WHEREAS, the Historic Preservation Board held a duly noticed
public hearing in regard to the historic district designation on
January 22, 1997, and voted unanimously to recommend approval of the
West Settlers Historic District; and
WHEREAS, the City Commission of the City of Delray Beach has
conducted a duly noticed public hearing in regard to the historic.
district designation
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the legal description of the West Settlers
Historic District is as follows:
Commencing at the Point of Beginning, being the
northeast corner of Lot t, Block 43, Town of Linton
(according to the plat thereof as recorded in Plat
Book 1, Page 3 of the Public Records of Palm Beach
County, Florida); thence run north along the
northerly extension of the east lot line of said Lot
1, to a point of intersection with the center line
of Martin Luther King, Jr. Boulevard (a.k.a N.W. 2nd
Street); thence west along said centerline to a
point of intersection with the northerly extension
of the west lot line of Lot 1, Melvin S. Burd's
Subdivision of the North Half of Block 19 (according
to the plat thereof as recorded in Plat Book 11,
Page 73 of the Public Records of Palm Beach County,
Florida); thence south along said northerly
extension to the northwest corner of Lot 1 of said
plat of Melvin S. Burd's Subdivision; thence
southerly along the west lot lines of Lots 1, 2, 3,
4, 5, 6, 7, and 8 of said plat of Melvin S. Burd's
Subdivision, to the southwest corner of Lot 8;
thence westerly along the westerly extension of the
south lot line of said Lot 8, to a point of
intersection with the west line of the east 153 feet
of Block 19 of said plat of the Town of Linton;
thence southerly along said westerly line of the
east 153 feet of Block 19 to a point of intersection
with the north line of the south 135 feet of said
Block 19; thence westerly along said north line to a
point of intersection with the west line of the east
165 feet of said Block 19; thence southerly along
said west line to a point of intersection with the
south line of said Block 19; thence in an easterly
direction to a point of intersection with the north
line of Block 20 of said plat of the Town of Linton
and the west line of the east 135 feet of said Block
20; thence southerly along the west line of the east
135 feet to a point of intersection with the south
line of the north 300 feet of said Block 20; thence
easterly along said south line and easterly
extension thereof to a point of intersection with
the centerline of N.W. 5th Avenue; thence southerly
along said centerline to a point of intersection
with the westerly extension of the centerline of the
east/west alley in Block 28 of the said plat of the
Town of Linton; thence easterly along said extension
and the centerline of the east/west alley in Block
28, and the easterly extension of said centerline,
to a point of intersection with the centerline of
the east/west alley in Block 36 of said plat of the
Town of Linton; thence easterly along the centerline
of the east/west alley in Block 36, and the easterly
extension of said centerline to a point of
intersection with the centerline of N.W. 3rd Avenue;
thence northerly along the centerline of N.W. 3rd
Avenue to a point of intersection with the
centerline of N.W. 1st Street; thence easterly along
the centerline of N.W. 1st Street, to a point of
intersection with the southerly extension of the
east lot line of Lot 8, Block 43, said plat of the
- 2 - Ord. No. 6-97
Town of Linton; thence northerly along said
southerly extension and the east lot lines of Lots
8, 7, 6, 5, 4, 3, 2 and 1, to the northeast corner
of Lot 1 in said Block 43, which is the Point of
Beginning.
Section 2. That the property described in Section 1. above
is hereby designated the West Settlers Historic District in accordance
with and under the provisions of Section 4.5.1 of the Land Development
Regulations of the City of Delray Beach, Florida.
Section 3. That the Planning Director of said City shall,
upon the effective date of this ordinance, amend the Zoning Map of
City of Delray Beach, Florida, to show the historic designation, in an
overlay manner.
Section 4. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 5. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 6. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final.
readin~ on this the 18th day of .
February ~ ~ , 1997
ATTEST:
First Reading February 4, 1997
Second Reading February 18, 1997
- 3 - Ord. No. 6-97
fl. 1 ST ST.
' STADIUM
P/,R:K~¢ LO1 :
NC'
STATiON .... : V~.~.,~T
ATLANTIC AVENUE
~ -
~ WEST SETrLEItB I-IISTOI~C DISTItlCT
100 - HOUSE-HUI~SER NC - NON COHTRISUT~IG IJ~61~ - ~ ~:X,~;TRUCTED
TO: DAVID T. HARDEN, CITY MANAGER
THRU: DEPARTMENT OF PLANNING AND I~ONING
FROM: PAT CAYCE, HISTORIC PRESERVATION PLANNER
SUBJECT: MEETING OF FEBRUARY 4, 1997
FIRST READING OF AN ORDINANCE TO DESIGNATE THE
WEST SETTLERS HISTORIC DISTRICT TO THE LOCAL
REGISTER OF HISTORIC PLACES.
The action requested of the City Commission is that of approval on first reading
of an ordinance designating the West Settlers Historic District to the Local
Register of Historic Places.
The West Settlers Historic district has a high threshold of historical significance.
It is culturally meaningful for its association with the pioneering African-American
families who helped to settle the City. Education and religion were the two most
important institutions in the early days of the neighborhood, a school, three
churches and a Masonic Lodge were all established within the district between
1895 and 1920. The neighborhood contains 53 structures, 23 of which have
historic status.
Many of the early dwellings in the district have been demolished by neglect, by
disinterested owners, and by the City itself. To insure that this neighborhood
remains intact for future generations and to help them understand and take pride
in the achievements of the early pioneers, it is essential to preserve the
remaining structures of the area. It is appropriate that this neighborhood be
listed in the Local Register of Historic Places for it is worthy of the protection and
special consideration afforded by that designation.
City Commission Documentation
West Settlers Historic District Designation
Page 2
The proposed district is located in an area north of West Atlantic Avenue and
south of N.W. 2nd Street approximately between N.W. 2nd Avenue and N.W. 6th
Avenue. The district map is attached.
The present zoning is General Commercial (GC); Community Facilities (CF); and
Residential (R-l-A).
Additional background and analysis is provided in the attached Designation
Report.
The Historic Preservation Board considered this item at a Public Hearing on
January 22, 1997 After discussion, the Board voted unanimously to recommend
historic designation to the City Commission.
By motion, approve the ordinance designating the West Settlers Historic District
to the Local Register of Historic Places
Attachments: West Settlers Historic District Boundary Map
West Settlers Historic District Designation Report.
file/u/ww/west-ccd
WEST SETTLERS
HISTORIC DISTRICT
DESIGNATION REPORT
HISTORIC PRESERVATION BOARD
DELRAY BEACH, FLORIDA
West settlers Historic District
Designation Report
Page 2
DESIGNATION REPORT
WEST SETTLERS HISTORIC DISTRICT
TABLE OF CONTENTS
I. GENERAL INFORMATION
II. LOCATION MAP
III.DISTRICT INVENTORY
IV. ARCHITECTURAL SIGNIFICANCE
V. HISTORICAL AND CULTURAL SIGNIFICANCE
VI. STATEMENT OF SIGNIFICANCE
VII. BIBLIOGRAPHY AND SOURCES
Report prepared September 1996 by Vera Farrington, City of Delray
Beach Historic Preservation Board and Patricia Cayce, Historic
Preservation Planner, City of Delray Beach.
-:2-
West Settlers Historic District
Designation Report
Page 3
I. GENERAL INFORMATION
Location: The West Settlers Historic District is bounded on the north by
Martin Luther King, Jr. Boulevard (N.W. 2nd Street). The eastern
boundary is as follows: the alley running north and south in Block 45;
N.W. 3rd Avenue between N.W. 1st Street and the east-west alley of
Block 36. The southern boundary is N.W. 1st Street between N.W. 3rd
Avenue and the alley in Block 43; the east-west alley in Block 36 and
Block 28 and the south property line of Lot 13, Block 20. The western
boundary is the north-south alley and the eastern 1/2 half of the block
south of the alley of Block 19; the north-south alley in the north half of
Block 20.
Present Zoning: General Commercial (GC); Community Facilities (CF);
Residential (R-l-A).
Classification for Designation: Cultural and Architectural Significance.
-3-
II1't1111 I
MARTIN I~ aa aa aa aa aa · LUTHER aa m m -,. -- m KING JR.~ aa "" aa BLVD.
-- ~ < < << ~
~ VAST ~
~ NC
VAST ~
~ P~KING I NC ~
~ ~ . ~ Nc .c ~
I VAC~T
~ 0 II wc~t :_ ~K ' ~ ~---' ~ TENNIS
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~ ~ VAST
I
~ P~KING LOt
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STA T/ON I ~ ~~
NO. 1
ATLANTIC AVENUE
POLICE COMPLEX SOUTH COUNTY
COURTHOUSE
o FT. 4OO
~ ~ ' WEST SETTLEI~ HISTORIC DISTRICT
SCALE
N LEGEND:
100 - HOUSE NUMBER NC - NON CONTRIBUTING /94;~2 - YEAR CONSTRUCTED
~ STRUCTURE
OTY ~ DELRAY BEACH, FL
~ I9~6 ~LOCK NUMBER HISTORIC SlT~ CONTRI~UTINC HISTORIC OIST~ICT
(NON CONTRIBUTINC STRUCTURE) STRUCTUR[ BOUN~Y
--- OlClTAL ~ ~ ~[~ -- ~ REF: LMA16
West settlers Historic District
Designation Report
Page 5
Ill. DISTRICT INVENTORY
The West Settlers Historic District is comprised of:
· Contributing Buildings 23
· Non-contributing Buildings 30
· Total Structures ............................. 53
The Contributing Building were constructed in:
· 1900-1909 2
· 1910- 1919 3
· 1920-1929 8
· 1930-1939 1
· 1940-1947 9
The Contributing Buildings represent the following architectural styles
· Mission Revival 1
· Bungalow 1
· Vernacular 18
· CommercialArt Moderne 1
· Commercial Vernacular 2
Two of the contributing buildings in the district are listed in the Local
Register of Historic Places:
1. The Solomon D. Spady House, 170 N.W. 5th Avenue (Block 19,
Lots 5, 6 and part of 7)
2. The Susan Williams House, 30 N.W. 3rd Avenue (Block 36, Lots 5
and 6)
Three of the noncontributing buildings are listed in the Local Register of
Historic Places as historic sites to commemorate the fact that, though the
original buildings no longer exist, the institutions have remained on their
West settlers Historic District
Designation Report
Page 6
original sites. A small park, the site of the first school, is also designated
to the Local Register. The historic sites are as follows:
1. The Greater Mt. Olive Baptist Church was founded in 1898. The original
building, which was enlarged several times, no longer exists. However,
the present noncontributing building is located on the original site; 40
N.W. 4th Avenue. (Block 28, Lot 2).
2. St. Paul African Methodist Episcopal Church (established as Mt. Tabor in
1897) was organized in 1899, the first church was constructed on the site
in 1911. Largely demolished by the 1928 hurricane, the building has been
remodeled to its present noncontributing condition and is located on the
original site, 119 N.W. 5th Avenue (Block 27, Lot 5).
3. The Free and Accepted Masonic Lodge 275 was established in 1899.
The original building was constructed in 1904. The present
noncontributing building is located on the Lodge's original site, 85 N.W.
5th Avenue, (Block 28, Lot 1)
4. A small park, which is a locally designated historic site, is located on the
east side of N.W. 5th Avenue between West Atlantic Avenue and N.W. 1st
Street. The park commemorates the site of School No. 4 Delray Colored
which was accredited by the Dade County School Board (Palm Beach
County was part of Dade County until 1909) in 1895, and is named for its
first two teachers, B.F. James and Frances Bright. The school, which was
originally a thatched pavilion but by 1913 had become a substantial wood
frame structure, was demolished in 1947 when a new building was built
on the site of the Spady elementary school.
-6-
West settlers Historic District
Designation Report
Page 7
IV. ARCHITECTURAL SIGNIFICANCE
As described in the district inventory, there is one house constructed in
the bungalow style; one in the Mission Revival; and one commercial
building constructed in the Art Moderne style. The balance of the
vernacular buildings are characteristic of the construction in the early
years of the City's African-American community. Usually of frame
construction on a pier foundation, the majority of the buildings have wood
siding and a composition shingle roof. A number of the original vernacular
structures were altered to incorporate elements of the bungalow style,
popular in the 1920s and 30s and elements of the Florida Ranch style of
the 1950s and 60s.
Many of the district's early vernacular buildings follow a linear
arrangement of rooms and doors from the front porch to the back door.
There is no hallway in this type of construction, the rooms open from one
to the next and culminate at the back porch or stoop. In northern Florida
as well as other parts of the south this type of construction had the front
and rear doors to one side of the building and is referred to as a "shotgun
house". However, the Delray version of this linear construction generally
has the front and back doors centered in the front and rear facades. It is
possible that this center door configuration took its inspiration from
northern Florida and Georgia log cabins which usually had the door
centered on the front elevation. Most of the early houses had a small
fireplace for heating. The cook stove and kitchen were in the rear room or
in a partially enclosed rear porch.
The fact that so many of these modest vernacular buildings survived the
vicissitudes of weather and time are a testimony and tribute to the integrity
of their builders. The following is a brief biography of two of the earliest
builders in the African-American community:
Isaiah Bruin
Isaiah Bruin was born in Quincy, Florida, a small town northwest of
Tallahassee. He migrated to Delray in 1909 and established himself as a
carpenter and builder. Shortly after his arrival he married Martha
Goldwire, also from Quincy. The Bruins had one child, a daughter named
Letha. Mr. Bruin was a founder and Deacon of the Primitive Baptist
Church which was established in 1914. When construction on the church
began in 1920, Mr. Bruin was called upon to complete all of the
woodworking in the building. A grandson, Raleigh Harris and grand
daughter, Lillie Terry still reside in Delray. It is interesting to note that, Mr.
Harris's son, Reginald Harris, the great grandson of Isaiah Bruin, is an
architect practicing in Lantana.
-7-
West S~ttlers Historic District
Designation Report
Page 8
Examples of Bruin's buildings can be found throughout the African-
community. Buildings in the district are as follows:
· 52 N.W. 3rd Avenue, Primitive Baptist Church.
· 30 N.W. 3rd Avenue, The Susan Williams House, listed in the Local
Register of Historic places.
· 125 N.W. 3rd Avenue, The Nelson House.
· 36 N.W. 4th Avenue, moved to present site; formerly the Mt. Olive
Parsonage.
· N.W. 4th Avenue, The Ola Strainge House
William Robinson
Born in 1879 in Yemasse, South Carolina, a small community northwest
of Beaufort, William Robinson migrated to Delray in 1901. As a young
man of twenty two, he started work as a share cropper but was soon able
to buy a horse and wagon and a plot of land at the northeast corner of
N.W. 1st Street and N.W. 4th Avenue. He began construction on his
residence, 317 N.W. 1st Street, in 1902 and by 1904 he had completed
three rooms surrounded on two sides by a large porch. A short time later
he returned to south Carolina where he married his childhood sweetheart,
Essie Mordecai, who accompanied him to Delray and the new house
which was waiting for her. He continued to farm, buying land to the west
of town. Meanwhile, during the non-farming season, and as his
knowledge of construction increased, he was asked to build houses for his
neighbors. As the Robinson family increased, they were to have eight
children all of whom were born in the house, Will Robinson continued to
enlarge the original homestead. It was one of the first houses in the
community to have electricity and running water, and later a telephone. In
the early 1920s a large room on the southwest corner of the building was
remodeled and enlarged to accommodate a grocery store which was run
by Essie and Will. As grocery stores became more numerous in the
community, the Robinsons converted it into a dry goods store which was
operated by George Coleman who became the first black mortician in
Delray Beach. The house was a social focal point of the community. It
was of such sturdy construction that it was designated an official hurricane
shelter by the Red Cross. The Red Cross supplied cots, blankets and
food and the hurricane victims were given shelter until they could return to
their homes.
-8-
West settlers Historic District
Designation Report
Page 9
As the Robinson farm production became more prolific he constructed a
packing house on his property in 1916. The packing house, which was
remodeled into a dwelling, still stands at 315 N.W. 1st Street.
William and Essie Robinson were active and respected leaders in the
community. William served on the Board of Trustees of Mt. Olive
Missionary Baptist Church for most of his life and was active on its
building committee, his name is on the cornerstone of the church building.
V. HISTORICAL AND CULTURAL SIGNIFICANCE
In 1894 William Linton came to the area of what is now Delray Beach and
purchased 160 acres of untamed Florida wilderness from Captain George
Gleason. Shortly after his purchase Linton, returned to his home in
Saginaw, Michigan hoping to entice a group to follow him to Florida,
purchase land from him, and start a new town which he modestly named
Town of Linton. That same year a small group of black families from the
Panhandle of Florida arrived in the area, purchased land from Henry
Flagler's Model Land Company and settled west of the acreage bought by
Linton. Led by Fagen Henry and his wife Jane, these pioneering black
families persuaded other' relatives and friends to join them in their
homesteading efforts. Linton returned the following year leading a small
party of white settlers to begin a new life in the wilderness. On arrival in
1895 they found that the black families had not only harvested a winter
crop, but had petitioned the County School Board to establish a school for
their children. It is interesting to note that following the Civil war and after
the end of Reconstruction in 1877 many railroads, extending into
unpopulated areas, encouraged African-Americans to purchase land and
found settlements along their rights-of way which often extended several
miles on either side. Undoubtedly, Fagen Henry and his early group were
familiar with the practice and were aware that land could be bought from
Flagler's Model Land Company. They must have also been aware of the
"land set aside" program that the Model Land Company gave for cultural
and religious organization, as the deed for the land for Mt. Olive church
states that the property was purchased from the company for $1.25.
As the small settlement grew, African-Americans came to the area from
north and west Florida as well as from Georgia and South Carolina. They
were drawn to the settlement for several reasons; the opportunity to
purchase land and to farm the winter vegetables which produced cash
crops to enhance their small subsistence home plots was one incentive.
The other incentive to migrating to the area was that the black families
could take advantage of the employment opportunities created by the
rapidly expanding white community to the east.
-9-
West S~ttlers Historic District
Designation Report
Page 10
Education and religion were the two most important institutions in the
early days of the neighborhood. The school, three churches and the
Masonic Lodge were all established within the West Settlers Historic
District between 1895 and 1920. It is important to note that though many
of the descendants of the neighborhood have moved away from the
immediate area, they support the religious institutions of their youth. The
churches within the historic district continue to grow in membership,
supported by those who reside in the neighborhood and by those who
have left but feel cultural and religious ties to the established institutions.
Mt. Olive has recently completed an extensive addition and St. Paul AME
has approved plans for a sizable expansion. This personal and financial
commitment reinforces the historic and cultural significance of the historic
district.
In addition to the formal religious and cultural institutions, the district was
a center of residential and commercial activity. A few examples the latter
are noted below as a nostalgic reminder of the district's past.
· The La France Hotel, built in 1947 to accommodate African-
American musicians and entertainers, was the only hotel in the in
the segregated City to receive black guests.
· Edmond's Barber Shop, has been in the same location for many
years, though the original building was torn down.
· Tressie's Beauty Shop, located in a 1947 building on N.W. 3rd
Avenue, has been a neighborhood fixture for many years.
· A croquet court, which was the scene of lively competition between
nearby towns, and is now part of Mt. Olive's parking lot, is
remembered by many residents.
· Many of the African-American community leaders lived or owned
property within the district. Solomon David "Prof" Spady and his
wife Jessie lived until retirement on N.W. 5th Avenue. Althea
Blakley, whose teaching career spanned 40 years, also lived on
N.W. 5th Avenue. Will and Essie Robinson, Fagen Henry, the
Green family and many others were residents and landowners of
the district.
VI. STATEMENT OF SIGNIFICANCE
This district should be assessed for its historical significance which
perhaps weighs more heavily that its architectural importance. Many of
the structures rank Iow in the history of architectural achievement,
West S~ttlers Historic District
Designation Report
Page 11
however the district has a high threshold of historical significance. It tells
an important story of life in the early African-American community. If we
are to tell the history of our community we must recognize that historic
areas are as important as structures. Work, domestic, religious and social
life, the cultural foundations of the neighborhood, are an integral part of
this district's history. It is important to recognize the part that segregation
of the races played in the development, both physically and culturally, in
the history of this neighborhood and of the City as a whole.
The district is significant for its association with the pioneering African-
American families who helped to settle the City. Despite racial
segregation, their commitment to the success of the City was remarkable
and deserves recognition. For example in the first election held after the
Town of Delray was incorporated in 1911, a prominent land owner and
African-American, George H. Green ran for the City Commission, and
though defeated, garnered 16 votes out of total of 56 votes cast.
Many of the early dwellings in the district have been demolished by
neglect, by disinterested owners, or by the City itself. To insure that this
neighborhood remains intact for future generations and to help them
understand and take pride in the achievement of these early pioneers, it is
essential to preserve the structures of the area. It is appropriate that this
neighborhood be listed in the Local Register of Historic Places for it is
worthy of the protection and special consideration afforded by that
designation.
Criteria for Designation
To qualify as an historic district the properties must fulfill one or more of
the criteria set forth in Section 4.5.1(B)(2) or (3) The proposed district
more than meets the criteria for designation and fulfills the qualifications
as follows:
4.5.1(B)(2) Historical or Cultural Significance
(d) Exemplifies the historical, political, cultural, economic, or social trends
of the community in history.
(e) Is associated in a significant way with a past or continuing institution
which has contributed substantially to the life of the City.
4.5.1(B)(3) Architectural or Aesthetic Significance
(a) Portrays the environment in an era of history characterized by one or
more distinctive architectural styles.
West S~ttlers Historic District
Designation Report
Page 12
(b) Embodies those distinguishing characteristics of an architectural style,
period, or method of construction.
West S~ttlers Historic District
Designation Report
Page 13
IV. BIBLIOGRAPHY AND SOURCES
City Building Cards
City Building Permit Records
Palm Beach County NAL File
Sanborn Fire Insurance Maps, 1922-1926-1949
Voters Registration, Town of Delray, 1911
Minutes of the Town of Delray Council, September 4, 1911
Oral History:
Alice Muse McCray, 1995 and 1996
Essie Robinson, 1995 and 1996
Michael Zimny, Florida Heritage Magezine, Spring 1996, Tallahassee.
Zora!, Publication of the Orlando Sentinel Communications Company,
Orlando 1991
Lauther, Olive Chapman, The Lonesome Road, Center Printing Co.,
Miami 1963
Connection: African-American History. and CRM, CRM (US Cultural
Resources Management) Volume 19 November 2 1995
U/cayce/westset
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY I~AGER~
SUBJECT: AGENDA ITEM #/0~ .- REGULAR MEETING OF ~EBRUARY 18, 1997
FIRST READING/FIRST PUBLIC HEARING FOR ORDINANCE NO.
11-97 (CHILD CARE PROGRAMS AS ACCESSORY USE IN OPEN
'SPACE AND RECREATION DISTRICT)
DATE: FEBRUARY 14, 1997
This is first reading and the first public hearing for Ordinance
No. 11-97 which amends LDR Section 4.4.27, "Open Space and
Recreation (OSR) District", by adding child care programs as an
accessory use to the principal uses of parks and recreational
facilities. The proposed amendment was initiated by the City
Commission on January 7, 1997, based on the need to accommodate
the child care programs operated by both the City and County on
properties zoned OSR (i.e. after-school program at Pompey Park and
Head Start at the Catherine Strong Center).
The amendment would allow child care programs as an accessory use
to principal uses (B) (1) Parks and (B) (2) Recreational facilities.
The use would not be allowed as accessory to the other two
principal uses (B) (3) Golf courses and (B) (4) Cemeteries and
mausoleums. Golf courses are excluded due to concerns relating to
safety. All eligible properties with the exception of Lake Ida
Park are owned by the City. Establishment of the child care use
on City-owned parcels must either be City-operated or must be
approved through an agreement with the City, and will require site
plan approval.
The Planning and Zoning Board considered this item at a public
hearing on January 27, 1997, and voted 6 to 1 (Mr. Carbone
dissenting) to recommend approval.
Recommend approval of Ordinance No. 11-97 on first readin9. If
passed, a second public hearing will be scheduled for March 4,
1997.
ref: agmemol4
ORDINANCE NO. 11-97
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.27,
"OPEN SPACE AND RECREATION (OSR) DISTRICT" ,
SUBSECTION 4.4.27 (C) , "ACCESSORY USES AND
STRUCTURES ALLOWED", OF THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY BEACH, BY ADDING
CHILD CARE PROGRAMS AS AN ACCESSORY USE TO THE
PRINCIPAL USES OF PARKS AND RECREATIONAL
FACILITIES; PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and
Zoning Board reviewed the subject matter at a public hearing on
January 27, 1997, and forwarded the change with a recommendation of
approval; and
WHEREAS pursuant to Florida Statute 163 3174(4)(c) the
Planning and Zoning Board, sitting as the Local Planning Agency, has
determined that the change is consistent with and furthers the
objectives and policies of the Comprehensive Plan ....
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter Four, "Zoning Regulations",
Article 4.4, "Base Zoning District", Section 4.4.27, "Open Space and
Recreation (OSR) District", Subsection 4.4.27(C), "Accessory Uses and.
Structures Allowed", of the Land Development Regulations of the City
of Delray Beach, Florida, be, and the same is hereby amended to read
as follows:
Section 4.4.27 Open Space and Recreation (OSR) District:
(A) Purpose and Intent: The Open Space and Recreation
(OSR) Zone District is established in order to most appropriately
identify parcels of land which are used primarily for recreational or
public purposes in an outdoor setting (e.g. a swimming facility).
Thus, it is generally applied to parks, golf courses, and situations
where public recreational facilities may exist. It also accommodates
the operation of activities licensed by the City.
The OSR District is deemed compatible with all land use designations
shown on the Future Land Use Map.
(B) Principal Uses and Structures Permitted: The
following types of use are allowed within the OSR District as a
permitted use:
(1) Parks, public or private, active or passive
including playgrounds, ballfields, interpretative trails, educational
exhibits, and the like.
(2) Recreational facilities such as swimming pools,
tennis courts, exercise and activity rooms.
(3) Golf courses (public or private) including
clubhouses with restaurants, meeting rooms, pro shops and similar
facilities.
(4) Cemeteries and mausoleums, public or private.
(C) Accessory Uses and Structures Allowed: The following
types of use are allowed when a part of, or accessory to, the
principal use:
(1) Parking lots.
(2) Restrooms, rest areas, picnic facilities.
(3) Administrative and maintenance buildings.
(4) Boat ramps.
(5) Concessions and services provided under a license
agreement with the City of Delray Beach.
(6) Storage of inventory, equipment, and materials,
within a structure or in an approved outside location.
(7) Residential facilities for temporary occupancy by
participants of recreational programs.
(8) Child care proqr~ms as an accessory use tO
~nd (2) above.
Section 2. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
- 2 - Ord. No. 11-97
Section 3. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 4. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1997.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
- 3 - Ord. No. 11-97
TO: DAVID T. HARDEN
CITY MANAGER
THRU: DIANE OOMI' U~EZ, D~TOR~
DEP RTMENT OF PLARRING AND~ONING
FROM: PAUL DORLING. PI~II~CIPAL PLANNER
' ~/
SUBJECT: CITY COMMISSION MEETING OF FEBRUARY 18, 1997
AMENDMENT TO LDR SECTION 4.4.27(B) TO ADD "CHILD CARE
SERVICES" AS AN ACCESSORY USE IN THE OPEN SPACE AND
RECREATION (OSR) ZONING DISTRICT.
The item before City Commission is approval of an amendment to Section 4.4.27(B) to
add child care services (such as after-school programs, Head Start, etc.) as an
accessory use in the OSR zoning district.
Currently, both the City and County operate child care programs in the OSR zoning
district: at Pompey Park (after-school program), and at the Catherine Strong Center
(Head Start program). These programs have been operated at these sites for several
years and were established under the auspices of an accessory use to recreational
facilities. In the recent development proposal associated with the relocation of the
Head Start program to modular buildings at the Catherine Strong Center, the need to
specifically list the use as an accessory use appears appropriate. In light of the above
the City Commission initiated the LDR text amendment at their January 7, 1997
meeting.
There are fifteen parcels which are currently zoned OSR. These include eleven sites
which are owned by the City, one owned by the County, and three privately owned golf
courses. The City or County owned parcels include:
· Boy Scout Hut (Lake Ida Road)
· Pompey Park
· Catherine Strong Center
City Commission Documentation
Amendment to LDR Section 4.4.27(B) to Add "Child Care Services" as an
Accessory Use in the Open Space & Recreation (OSR) Zoning District
Page 2
· Delray Beach Cemetery
· Miller Park
· Veterans Park
· Lake View Golf Course
· Delray Beach Municipal Golf Course
· Currie Commons Park
· Merritt Park
· Southwest Park
· Lake Ida Park (County owned)
Three additional sites which are privately owned and zoned OSR include:
· Del Aire Golf Course
· Hamlet Golf Course
· Sherwood Forest Golf Course
The amendment would allow Child Care centers as accessory uses to principal uses
(B)(1) Parks & (B)(2) Recreation Facilities. The child care use would not be allowed as
accessory to the other two principal uses (B)(3) Golf courses and (B)(4) Cemeteries
and mausoleums. Golf Courses are excluded due to concerns relating to safety. As
all child care uses require outside play areas there are safety concerns with respect to
wayward golf balls. Cemeteries and mausoleums are excluded as these are
inappropriate places to conduct child care services.
All the eligible properties with the exception of Lake Ida Park are City owned.
Establishment of services on City owned parcels will be City operated, or must be
approved through an agreement with the City. Further, establishment of the use on any
eligible parcel will require site plan approval.
The Planning and Zoning Board considered the request at a public hearing on January
27, 1997. Kathy Stokes from the public spoke and expressed concern that the use was
not restrictive enough and may allow private vendors to utilize public park areas. The
Board recommended approval of the amendment as written on a 6-1 vote (Louis
Carbone dissenting).
By motion, approve the attached amendment to Section 4.4.27(B) to add child care
services as a accessory use in the OSR (Open Space and Recreation) zoning district.
Attachments:
LDR Amendment Section 4.4.27(B)
Section 4.4.27 Open Space and Recreation (OSR) District:
(A) Purpose and Intent: The Open Space and Recreation (OSR) Zone District is
established in order to most appropriately identify parcels of land which are used primarily for
recreational or public purposes in an outdoor setting (e.g. a swimming facility). Thus, it is
generally applied to parks, golf courses, and situations where public recreational facilities may
exist. It also accommodates the operation of activities licensed by the City.
The OSR District is deemed compatible with all land use designations shown on the Future
Land Use Map.
(B) _Principal Uses and Structure~ Permitted: The following types of use are
allowed within the OSR District as a permitted use:
(1) Parks, public or private, active or passive including playgrounds,
ballfields, interpretative trails, educational exhibits, and the like.
(2) Recreational facilities such as swimming pools, tennis courts, exercise
and activity rooms.
(3) Golf courses (public or private) including club-houses with restaurants,
meeting rooms, proshops, and similar facilities.
(4) Cemeteries and mausoleums, public or private.
(C) Accessory_ Uses and Structures Allowed: The following types of use are
allowed when a part of, or accessory to, the principal use:
(1) Parking lots.
(2) Restrooms, rest areas, picnic facilities.
(3) Administrative and maintenance buildings.
(4) Boat ramps.
(5) Concessions and services provided under a license agreement with the
City of Delray Beach.
(6) Storage of inventory, equipment, and materials, within a structure or in an
approved outside location.
(7) Residential facilities for temporary occupancy by participants of
recreational programs.
[Amd. Ord. 31-94 612'1194]
(D) Conditional Uses and Structures Allowed: There are no listed conditional
uses in the OSR District. If a use is so contemplated, it may be more appropriate to seek CF
District zoning.
(E) Review and Approval Process: The use of any land within the OSR District
must be pursuant to a site and development plan which has been approved by the Site Plan
Review and Appearance Board pursuant to Sections 2.4.5 (F), (H), and (I), as appropriate.
(F) Development. Supplemental. and Special Re_aulations: All standards for the
development and/or use of property zoned OSR shall be established pursuant to the site and
development plan.
[Amd. Ord. 31-94 6/2'1194]
S:PLANNING~DOCUME\CHILD.DOC
-2-
Memorandum
To: David Harden, City Manager
Thru: Lula Butler, Community Improvement Director ~)
From: Michael Simon, Acting Community Development Coordinator~
Date: February 12, 1997
Subject: HOPE 3 Contract for Sale/303 SW 2nd Avenue
ITEM BEFORE THE COMMISSION
This is to request approval to execute a Contract to sell a housing unit acquired through the HOPE
3 Program to a very low income eligible family of four who are at 29% of median household income
consisting of a single parent with three dependent children.
BACKGROUND
The unit to be sold is located at 303 SW 2nd Avenue in Delray Beach. We purchased the property
on October 18, 1996 at a cost of $34,409. The unit has three bedrooms and two baths with a square
footage of 1,241. The rehabilitation has been completed to the unit at a cost of $21,036 and has
appraised for $69,500. The total purchase price including closing costs is $72,627.50.
Federal regulations require that the unit be sold at appraised value. Because the buyer for this
property only qualified for a $36,000 first mortgage, we have the flexibility in this program to attach
a subordinate mortgage for the difference between the first mortgage amount and the appraised
value. The applicant is to contribute 3% of the appraised value to the purchase of the unit. Therefore
a Promissory note in the amount of $34,448.68 will be recorded in'the public record. The note
stipulates a full recapture provision for the first six years with a decrease of 168th of the original
balance per month for the next 14 years. If the unit is sold by the purchaser before the 20 year note
expires, only the amount of down payment, principal payments and property improvements made
by the purchaser will be available to he/she/them at the sale.
RECOMMENDATION
Staff recommends approval to execute the contract to sell this HOPE 3 unit to Genella Evans.
RESOLUTION NO. 24-97
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AUTHORIZING AND DIRECTING
THE MAYOR TO EXECUTE AND DELIVER ALL DOCUMENTS
NECESSARY FOR THE CITY OF DELRAY BEACH, AS SELLER,
TO CONVEY TITLE TO THAT CERTAIN REAL PROPERTY IN
PALM BEACH COUNTY, FLORIDA, LOCATED AT 303 S.W. 2ND
AVENUE, DELP~AY BEACH, FLORIDA, AS MORE PARTICULARLY
DESCRIBED HEREIN; HEREBY INCORPORATING AND
ACCEPTING THE CONTRACT STATING THE TERMS AND
CONDITIONS FOR THE SALE AND PURCHASE BETWEEN THE
BUYER AND THE CITY OF DELRAY BEACH, FLORIDA.
WHEREAS, the City of Delray Beach, Florida, wishes to
sell certain property located at 303 S.W. 2nd Avenue, Delray Beach,
Florida, for the purpose of providing a home ownership opportunity
under the HOPE 3 Housing Program; and
WHEREAS, the Buyer, Ganella Evans, a single woman, desires
to purchase the property hereinafter described from the City of
Delray Beach, Florida; and
WHEREAS, it is in the best interest of the City of Delray
Beach, Florida, to sell said property for the purpose described
above.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray
Beach, as Seller, hereby authorizes and directs the Mayor to execute
and deliver to Ganella Evans, a single woman, a warranty deed and
other related documents to convey title to the following described
property:
The South 60 feet of the North 140 feet of the West
140.6 feet of Block 56, TOWN OF LINTON (now known
as Delray Beach), according to the Plat recorded in
Plat Book 1, Page 3, as recorded in the Public
Records of Palm Beach County, Florida; said land
situate, lying and being in Palm Beach County,
Florida.
Section 2. That the terms and conditions in the contract
for sale and purchase and addenda thereto between the City of Delray
Beach, Florida, as Seller, and Ganella Evans, as Buyer, are attached
hereto as Attachment A and incorporated herein.
Section 3. That the Mayor of the City of Delray Beach,
Florida, is hereby authorized and directed to execute and deliver on
behalf of the City of Delray Beach such other documents and take such
other action on behalf of the City of Delray Beach as may be
necessary or appropriate to carry out the transactions contemplated
by the foregoing resolution.
PASSED AND ~OPTED in regular session on this the 18th day
of February, 1997.
ATTEST:
City- C~rk '
t - 2 - Res. No. 24-97
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' '~ .'- ~ "NE 58 BLOOK PA ~G
CONTRACT FOR SALE AND PURCHASE
PARTIES: The CITY OF DELRAY BEACH, a Florida municipal corporation, ("Seller"),.
of 100 N.W. Ist Aveaue, D¢lray Beach, Florida 33444 (Phone: 407-243-7000) and
· .~enella Evans . ", ("Buyer"), of
363' SW 2nd. Avenue, De. lray 'Beach, 'Florida 33444 ~h. on¢: )
hereby agree that the Seller shall sell and the Buyer shall buy the folk~wing rea~ property ("Real '4'
Ptop~rty") and personal prop~tiy' ("Personalty") (collectively ,for Real Estate Transactions
·; ~ltaohed (~'Standard(s)'~ and any addendum to this instrument
L DF CRIPTfON:
.'-. _ (a) Legal description of Real Property located in ?alto l~each County,
Florida: The Sou, th 60. ~fee. t.of t.h,e Nqrth.140 feet. of the...We_s.t. 140.6 feet,
,..B~dck :~'6,.'Tpw~.. of Linton ,(N, ow .Kng._wn a_s_ D_elr..ay_Be_ach), .Accord_i~g to thePlat
Thereof, as recorded and held in the Circuit Court of Palm Beach Cnty, Book 1Pg.
...(b) Str~taddress, citLzip, of the Property is: ' 303 SW..2n.d. Avenu,e, .De._lLay. Beac.h,
· .Florida 33444
(c) Personalty:
II. PURCtlASE PP~CE: .................................... $. 72,627.50
!
(a) Deposit(s) to be held in escrow by N/A
in the the amount of .. $
(b) Additional escrow deposit within l~/A days after Effective
Date in the amount of $
(c) · Subject to AND assumption of mortgage in good standing , ·
in favor o~ lq/A ' having an approximate
present principal balance of $
(d) PurchaSe money mortgage and mortgage note bearing annual
interest at 7 .'65 % (see Addendum) herein, in an mount of $. 3?, 000 ,
(e) 6ther:.Homebuyer Asststa~tce from the Seller to be $ 34,.448.68,:'
Secured by Promissory Note/2nd Mortgage attached.
(f) Balance to close (U.S. cash, LOCALLY DRAVv2q certified or
cashier's check), subject to adjustments and prorations $ 2, ,178.82.
III. TIlVfE FOR ACCEPTANCE; EFFECTIVE DATE: If this offer is not executed by
and delivered to all parties OR FACT/OF EXECUTION communicated in writing
between the parties on or before March 15~ 1997 , the deposit(s) will, at Buyer's
opt!on, be returned to Buyer and the offer withdrawn. A facsimile copy of this Contract
for Sale and Purchase ("Contract") and any signatures hereon shall be considered for all
purposes as 'originals. The date oft his Contract ("Effective Date") will be the date when
the last one of the Buyer and the Seller has signed this offer.
IV. FINANCING:
(a) If the purchase price or any part of it is to be financed by a third-party loan, this
Conwact is conditioned on the Buyer obtaining a written commitment for (CHECK (1)or
(2) or (3)): (1) gl a fixed, (2) . El an adjustable or (3) El a fixed or adjustable rate loan
within, fi0.. days after Effective Date, at an initial interest rate not to exceed __%,
term of 30 years and for the principal amount of $ 36,000 . buyer will
make application within ...30 days after Effective Date .and use reasonable diligence
to obtain the loan commitment and, thereafter, to meet the terms and conditions of the
commitment and close the loan. buyer shall pay .all loan expenses. If Buyer. fails to
obtain the commitment or fails to wa/ye Buyer's fights under this subparagraph with/n
the time for obtaining the commitment or aider d/l/gent effort fa/Is to meet the terms mad
conditions of the commitment, then. either party thereafter by prompt written notice to the
other may cancel the Contract and Buyer shall be refunded the deposit(s).
V. TITLE EVIDENCE: At least 7 days before closing date, Seller shall, at
Seller's expense, deliver to Buyer or Buyer's attorney, in accordance w/th Standard A,
(CHECK (1) or (2)j: (1) El abstract of title or (2) g3 title insurance commitment and,
after closing, owner's policy of title insurance.
VI. CLOSING DATE: This transaction shall be closed and the deed and other closing
papers delivered on or Before l'lareh 15, 1997 , unless extended by other
provisions of Contract.
V. II. RESTRICTIONS; EASE1V~NTS; LIMITATIONS: Buyer shall take title subject to:
zoning, restrictions, prohibitions and other requirements imposed by governmental
authority; restrictions and matters appearing on the plat-o.r otherwise common to the
subdivision; public utility easements of record (easements are to be located co~atiguous to
Real Property lines and not mo~ than 10 feet in width as to the rear or fr6nt lines and 7 ½
feet in width as to the side lines, unless otherwise specified herein); taxes for year of
closing and subsequent years; assumed mortgages and purchase money mortgages, if any.;
provided, that there exists at closing no violation of the foregoing and none of them
prevents the use of Real Property for residential purpose(s).
VIII. OCCUPANCY: Seller warrants that there are no parties in occupancy other than Seller,
but if Property is intended to be rented or occupied beyond closing, the fact and terms
thereof shall be stated herehi, and the tenant(s) or occupants disclosed pursuant to
Standard F. Seller agrees to deliver occupancy of Property at time of closing unless
otherwise stated herein. If occupancy is to be delivered before closing, Buyer assumes all
risk of loss to Property from date of occupancy, shall be responsible and liable for
maintenance from that date, and shall be deemed to have accepted Property in their
2
existing condition as of time of taking occupancy unless otherwise stated herein or in a
separate writing.
IX. TYPEWRIIWEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten
provisions shall control all printed provisions of Contract in conflict with them.
X. RIDERS: (Check if any of the following Riders are applicable and are attached to this
Contract):
a)__ Coastal Construction Control Line Rider
b)__ FHA/VA Rider
c)__ Other.
XI. ASSIGNABILITY: (Check (1) or (2)): Buyer (1) __ may assign or (2) m may not
assign Contract.
XIL SPECIAL CLAUSES: (Check (1) or (2)): Addendum (1)__ is attached OR (2)m is
not applicable.
XIII. ~ IS OF TFfE ESSENCE OF THIS CONTRACT.
XIV. DISCLOSURES: Buyer __ acknowledges or __ does not acknowledge receipt of the
agency/radon/compensation and estimated closing costs disclosure. __ BUYER'S
I/qlTIALS.
SELLER: City of Delray Beach, Florida By:.
Jay Alperin, Mayor
ATTEST:
Deputy City Clerk
Approved as to form: ~ '~r'----
Print Name Print Name
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the Sta'te
aforesaid and in the County aforesaid to take acknowledgements, p.ersonally appeared _{a,.e. aa_
who are personally known to me or who have produced Dr/W,~r ].,'a_e,~- and
as identification and who executed the foregoing instrument and acknowledged before me that they
executed the sa_me, WITNESS my hand and official seal in the County and State last aforesaid this
Notary PubSic St~t'e-okrlorida
SEAL My Commission Expires:
Commission No.: I~ _~:.~,...f - ~
ADDENDUM TO CONTRACT FOR SALE AND PURCHASE
SELLER:
BUYER:
PROPERTY ADDRESS:
IXV. SPECIAL CLAUSES (Continued):
A. RADON GAS: Radon gas is naturally occurring radioactive gas that, when it has
accumulated in a building in sufficient quantifies, may present health risks to persons who are
exposed to it over time. Levels of radon that ex~ federal and state guidelines have' been found
in buildings in/=loricha. Additional information regai'ding radon and radon testing may be
obtained from yo/tr county public'health unit. Paragraph L of the Standards for Real Estate
Transactions attached to this contract is hereby deemed.to include an inspection for radon gas.
B. FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT ("FIRPTA"):
Except as otherwise.'provided herein, Buyer, pursuant to Section 1445 of the Internal Revenue
Code of 1986, as amended (''Section 1445'') and the regulations promulgated thereunder
(',Regulations"), shall be required to withhold such amount as is necessary to comply with the
.- Regulations and shall timely remit to the Internal Revenue Service the amount so withheld along
with properly comi~leted remittance forms. If, however, on or before closing, Seller provides
Buyer with (1) an Affidavit of Non-Foreign Shams regarding Seller, (2) a Notice of Non-
Recognition Treatment, oi- (3) a Withholding Certificate establishing that no, or a reduced,
amount of federal income tax is required to be withheld under Section 1445 (collectively
"Withholding Document") in proper form as required by the Regulations, and Buyer has no
knowledge or notice that the Withholding Document furnished by Seller is false, as.determined
in accordance with the Regulations, then Buyer shall not be required to withhold any portion of
the amount payable to Seller o~: shall be allowed to withhold such lesser amount as is required by
the applicable Withholding Document, as the ease may be, and shall submit the amount so
withheld to the Intemal Revenue Service along with properly completed remittance forms.
In addition, if Seller, prior to closing, satisfies those Regulations whie~ concern the filin~
of an application for a Withholding Document with the Internal Revenue Service and gives
notice of such pursuant to the Regulations to BUyer and said application is still pending as of the
date of closing, then Buyer shall cooperate with Seller's reasonable request to escrow any
amount withheld at closing pursuant to the Regulations, at Seller's expense, until a final
determination is made regarding said application at which time said amount shall be disbursed in
accordance with said final determination.
In the event insufficient cash is paid by Buyer at closing to fund the Buyer's withholding
.. obligation, Seller shall deliver to Buyer at closing the amount of additional cash necessary to
satisfy the withholding obligation. In the event Buyer determines after the closing that the
Withholding Document provided by Seller to Buyer relieving Buyer entirely of Buyer's duty to
withhold or reducing the amount required to be withheld by Buyer was false, Buyer shall have
the authority to withhold from any additional amounts due to Seller in accordance with the
Regulations, all or such portion of said additional amount due to Seller as Buyer deems
necessary to comply with Section 1445 and to remit th~ amount so withheld and report such
information as required under the Regulations t6 the Internal Revenue Service.
ADDENDUM TO STANDARDS FOR REAL ESTATE TRANSACTIONS PARAGRAPFLq
D AND N:
The parties.hereby agree that the time periods for the inspections referred to in Standard D and
Standard N shall be modified to be made within se~,en (7) days from the' effective date,of this
Contract. Ia addition to the rights provided to Buyer ia Standard D and Standard lq, if, for any
reason, the Buyer is not satisfied with the results of such'inspections, Buyer shall have the right
to. notify Seller in writing of Buyer's election to. terminate this Contract within said seven-day
-' insp.ection period and receive the return of. all deposits made hereunder.
STANDARDs FOR REAL ESTATE TRANSACTIONS
A. EVIDENCE OF TITLE: (i) An abstract of title prepared or brought current by a reputable and existing abstract firm (if
not existing then certified ns con'ect by an existing firm) purporting to be an accurato synopsis of the instruments affe~;'ting title
to-Real Property recorded in the public records of ibc county wherein Real PrOperty is Iocatc~i, ~rough Effective Date and which
shall commence with thc catlic~t public records, 9r such later date as may be customary in thc county. Upon closing of this
transaction thc abstract shall become the property of Buyer, subject to thc right of rctentiun thca~of by first, moflgagce until fully
paid. (2) A title insuran~ e.~mmitment issued by a Florida licensed tiflc insurer agreeing to issue to Buyer, upon recording of
thc deed to Buyer; an owner's policy oftitie insurance in thc amount of thc pur~..hasc price, in.nuring Buyer's title tg. real property,
subject only to liens, encumbrances, cxo~tions or qualification set forth in this Contract and those which shall be discharged by
~clicr at or 'before closing Seller shall convey a marketable title .subject only to liens, encumbrances, exceptions or
qualifications set forth in. Conwact. Marketable t/tic shall be determined according ~ applicable Title Standards adopted by
authority of Thc Florida Bat and in accordanco with law. Buyer shall have 30.days, if absttac~ or 5 days, if t/tlc commitment,
from date of recoiving cvidcucc of title to cz. amine it. If title is found de, fcctive, Buyer shall; within 3 days, notify Seller in
writhtg specifying defect(s). If thc defect(s) render title unmarketable, Seller will have one hundred twenty (120) days from
receipt of notice.within which to remove thc defect(s), failing which Buyer shal.l have the option of either accepting the title as it
then is or demanding a refund of deposit(s) paid which shall immediately be returned to BuyeG, thereUpon.Buyer and Seller shall
release one another of all further obligations under t]).c Conwact. Seller wil~ if title is found unmadcctable, usc diligent effort to
correct defect(s) in t/tlc within thc time provided therefor, including thc bringing of nccessaty suits.
B, PURCHASE MONEY MORTGAGE; SECUR/TY AGREEMENT TO SELLER: A purchase xnoncy mortgage and
mortgage note to Seller shall provide for a 30 day grace period in the event of default if a fit~-t mortgage and a' 15 day grace
period if second or lesser mortgage; shall provide for right of prepayment in whole or in part'without penalty; shall not permit
acceleration or interest adjustmcot in event of resale of Real Property; shall require all prior lien and encumbrances to be kept in
good standing and forbid modifications of or future advances under prior mortgage(s); and the mortgage, note and security
agreement shall be othc~vi$c in form and content required by ScilcG but Seller may only require clauses customarilyfound in
mortgages, mortgage notes, and security agreements generally utilized by saving and loan institutions, or state or national bank~
located in the county wherein Real Property is located. Ali Personalty and leases being conveyed or assigned will, at Seller's
option, be subject to thc lien of a security agrccraent evidenced by recorded financing statements. If a balloon mortgage, thc
final payment will exceed thc per/odic payments thereon.
C. SURVEY: .Buyer, at Buyer's expense, within time allowed to deliver evidence of title and to examine same, may have Real
Property surveyed and certified by a registered Florida.. surveyor. If survc'~., shows encroachment on 'Real Property or that
improvements located on Real Property encroach on scthack lines, casements, lands of others, or violate any rc.~ctinn$,
Contract covenan~ or applicable governmental regulation, thc same shall constitute a title defect.
D. TERMITES: Buyer, at Buyer's expense, wi~in time allowed to deliver evidence of title and to examine same, may have
Real Property inspected by a Florida C. ct~ed Pest Control Operator to determine if there is any visible active termite infes'tatlon
or visible ex/sting damage from termite infestation in thc improvements. If c/thor or both are found, Buyer will have 4 days
from date of written notice thereof~ within which to have all damages, whether visible or not, inspected and estimated by a
licensed builder or general cbntractor. Seller shall pay valid costs of treatment and repair of all damage up to 2% of purchase
price. Should such costs ex¢_-'_'_~___ that amount, Buyer shall have the option of canceling Contract within $ days after receipt of
cor~tractor's repair estimate by giving vn/tten not/ce to Seller or Buyer may elect to p _roce~___ with the tran.nant/on, in which event-
Buyer shall receive a credit at clo~ing of an amount equal to thc total of ibc treatment and repair estimate not in excess of 2% of"
thc purchase price.. '~/'ermitc~" shall t~ deemed to include all wood destroying organisms required to be t~,.-ported under the
Florida Pest Control Act.
D. INGRESS AND EGRESS: Seller wan=ants and represents that there is ingress and cgr~ to thc Real Property sufficient for
thc intended usc as described in Paragraph VIi hereof, title to which is in accordance with Standard A.
Ir. LEASES: Seller shall, not less than fi/teen ~15) days bcforc closing, furnish to Buyer copies of all writtcu Ica~es and
estoppel letters from each tenant specie, lng thc natut~ and duration of thc tenant's occupancy, rental rates, advanced rent and
security deposits paid by tenant. If Seller is unable to obtain such letter from each recant, thc same information shall bc
furnished by Seller to Buyer within that timc per/od in the form ora Seller's affidavit, and Buyer may thereafter contact tcnan~
to confirm such information. Seller shall, at closing, d¢li¥cr and assign all original Icasc~ to Buyer.
G. LIENS: Scilcr shall furnish to Buyer at time of closing an affidavit attesting to.thc absence, unless otherwise provided for
herein, o£any financing statements, claims of lien or potential lienors known to Seller and funhcr attesting that there have been
no improvements or rcpair~ to Propuly for ninety (90) days immediately p~c_.:'d_ing date of closing. If' Property ha~ been
improved, or rcpaircd within that I/mc, Seller shall deliver releases or waivers of mechanics' liens executed by nil general
contractors, subcontractors, suppliers, and materialmen in addition to Sdlca"s lien ~t'idavit setting forth thc name~ or' all such
general contractor~, subcontractors, suppliers and materialmen and further affirming that all charges for improvements or repairs
which could servc as a basis for a.mcchanic's lino or a claim for damages have-been paid or will bc paid at closing of this
Co~cL
~L ~'].,AC]~ O~' CLOSING: CIo~ing ~J~aii b~ I~.]d i~ the count7 wh~c R~d Property is located, at thc offic~ of'the attorney or
ot~a~ clos~g a~ent dc~ignatcd by ~ciler.
L '['!~: Time pc~ods herein ot- 1~ t~ ~x (~ d~ ~ i~ the computation exclude Saturdays, Sund~s ~d s~t¢ or
.na~onal legal ho]ida¥~, ~md a~¥ ~mc IX3'iod proyided for herein Which gall end on Saturday, Sunday or legal holiday
· xtend to $:00 p.m. ot-thc n~t b~inc~ day.
J. DOC~]~NT ]~'ORCLO$]:NG: $cller .~u~! ~ish d~d, bill of'~lc, m~..h~nic's lien ~davit, a:~i~m~c~t~ o~'
~.~a~t and mor~ga§~ c~toppei ]~e~, and con'cc~vc in.~'~'um~. Buyer .~a]l ~m~ c]o~ng statement, mortgage, mort~c
~ote, sec~r~ ~ment, a~d ~n~cial ~.cmcn~
~.. ]~'-NS~,S: Doc~mc~ ~mp~ on thc deed a~d ~co~d~g co~'~ctiv~ i~'~'umc~t~ ~ail b~ p~d by Seller. Documc~a~'~'
~mp.~ in~a~gib]c ~L~ ~md r~cord~ng pur~a..~ monc~ mor~e to Seller, d~ed a~d ~n~ncing ~tcmcn~ shah bc paid. by ]~u:~cr.
L. ~EOR~T]O]~$; C~]:)[T$: T~xc~, asse~mcn~ ren~, intcr~, ~'ur'~ncc ~d o~cr expenses and revenue ot-Propcn7 shai~
bc p~ted through day before closing. Buyer .~! have thc optio~ to t~ng over ~y c×isting polic~c~ of insm"~c~, ~
assum~blc, in which event prcmium~.shal] bc pror~t~L ~ a~ closing shail bc incrcascd or dccrca.~ as may bc required b~
prorations. Proraf~o~s will !~ made throu~ day p~o~ to occupant7 it' occupa~ occur~ bcforc closing. - Advance rent a~d
security depo$iL~ will bc crcdi~ed to ]~uycr a~d c~'ow depo$it~ held by mortgage will bc c~..ditcd to Seller. T~es s]~ail bc
prorated based on thc current yc~s t~x with due ailowa~cc made t'or maximum ai[ow~b[e discount, homed a~d
.exemptions. ]f closing occur~ a~ a da~c when thc cu~c~t yc~s.mi]~gc ~ not £~c~, a~d current ¥c~r's ~sse.<.smc~t~ is available,
.. tax~ will be pro~cd based upon ~ch a~s~'men~ a~d thc prio~ yca~s m~lagc. [f cur~cnt ¥c~s a.~c~mcn~ Ls not available, then
tax~ will b~ prorated on ~c prior yca~s ~ ]~'therc ~e completed improvcment.'~ on re~ propc~ by Ja_~u~'~ ]~t ofyc~' of
closi~ which'impr°vem~ were not in ~L~'tencc on $~u~ l~t ot'thc prior ¥c~ thc~ t,~x~ shall be pror~ed based upon the
p~or 3~3~ milage ~d at ~n cquit~ble aspca'mcat to bc ~ upon bct-,vcer~ thc p~'tic~, £alling ~hich, r~[~c.~ will bc madc to
thc Coun~ Propcr~7 ^pp~iser ~'or a~ informal a.~c~mcnt t~ng in~o co~ideration aYa~lab]c exemptions.- .~.n7 t3.x prolcon
based on ~ estimate may, at request o£ eithc~ Buyer or Seller, bc ~ubscq~ently rc3dju~t~ upon receipt ot' t~x bill on condition
that a :,'tatcmcnt ~o tha~ c~cct is in t~c clo$in~ s~temcn~.
M. SPEC~L ASS~SME~ L~NS: ~fi~, ~ ~d ~tifi~ ~i~ ~t lic~ ~ of date of closing (~d not
~ of ~ff~tivc Date) ~e to be p~d by ~il~. Pending H~ ~ of date of closing ~ail bc ~m~ by B~cr. · If~e impwvcm~t'
h~ ~ sub. tinily complct~ ~ of Eff~tivc Dat~ ~ ~ding li~ shall ~ ~nsid~ ~ ~nifi~. ~nfi~ or
~d Sell~ sh~l, at closing, be ~g~ ~ ~o~t ~u~ to ~c !~ ~m~e of ~m~t for ~c impwv~t by ~ public · ,'
~y.
.N. ~SPE~ION, REPA~ ~ ~EN~: ~11~ ~ ~a~ ~ oft~ (10) da~ prior ~ ~osin~ ~c ~ilin~
~f (including thc' f~cia ~d ~) ~d ~t~or ~d in.or wg~ .do not have ~y ~S~LE E~D~CE of I~ or
~Me ~d ~at ~c ~ptic ~ ~1, ~1 major ~pli~ h~n~ ~lin& cl~. plumbing ~t~ ~d ma~in~ ~ h
WO~G CO~D~O~. Buy~ may, at B~s ~ have i~io~ ~c of ~o~ i~ by ~ appwpdataly Florida
li~ ~n d~ling in ~c ~io~ ~pgr or m~nt~ of~o~ it~2 ~d ~all ~ in wSting to Seller ~ch items
~at do not m~t ~e above st~d~ds ~ to def~ togc~er wi~ thc ~ of~n~ing ~ pdot to Buyers o~up~cy or not
i~ ~ ten (10) days prior to ciosin~ whi~cv~ ~ fi~ Unl~ Buy~ ~ su~ dcf~u wi~in ~at time Buy~ shall ~
d~ to have waived Scilc~s w~ti~ ~ to def~ not ~n~. lfrcpai~ or repla~cnt ~ r~ui~, Scll~ ~ail pay up
~ ~ ~r~t (3%) of~c pu~ pri~ for ~ ~p~ or repla~ by ~ app~p~ataly Flo~da li~ ~n sclcct~
by Seil~. If~c ~st for ~ch rcpai~ or ~la~t ~c~ds ~ ~r~t (3%) of~c pu~c pd~ Buy~ or ~!1~ may cl~
to pay ~ch ~, failing which ci~ p~y may ~1 ~is agr~menL i~ SclI~ is unable to ~ ~c dcf~ prior to
closin~ ~c ~st thc~f shall ~ paid into ~ow at closinE. ScU~ will, u~n ~nablc noti~, pcovidc utiliti~ s~i~ for
..: inactions. Between Ibc effective date ~d thc closing. Seller shall maintain propc~ including but not limit~ to thc lawn and
shmbbc~, in thc condition herein war.hied, ordina~ wear and I~r cx~ptcd. Buyer shall bc pc~iltcd a~c~ ior inspection of
propc~y prior to closing in order Io confirm compliance with this standard.
O. RISK OF LOSS: If thc ?ropcny is damaged by I~rc o; other casualty before closing and cost of restoration docs not exceed
3% of thc assessed valuation of thc Propcrt7 so damaged, cos~ of restoration shall be an obligation or' thc Seller and closing shall
pro__e~__ pursuant to thc term of Contract with restoration cosLs escrowed at closing, if thc cost of thc restoration exceeds three
percent (3%) of.the assc~:d valuation of thc improvcmcats so damaged, Buyer shall have thc option of either taking Property as
is, Io~:her with either thc three perocat (3%) or any insurance proceeds payable by virtue of such loss or damage, or of
canceling Contract and receiving return of deposit(s).
P. ]PROCEEDS OF SALE; CLOSING PROCEDURE: Thc desd shall l~c recorded ul~on ~lcarancc of funds. If. abstract,
evldenc~ of title shall be continued at Buyer's expense to show title in Buyer, without ~ny encumbrances or charga which would
~ndct Seller's title unmarketable from thc. date of thc last cvldencc~ Proceeds of' thc sale shall be held in escrow by Seller's.
attorney or by such other mutually acceptable csa~w Mcat for a p~iod of not longer than 5 days from and after closing date. If
Seller's title is rendea'cd uranarkc~bic, through no fault of Buyer, Buy~ shall, with. in thc $ day p~iod, notify Scaler in writing of
Ibc defect and Seller shall have 30 days from date of receipt of such notification to cure thc defect. If Scaler falls to timely, cure
the defcc~ all deposit(s) shall, upon written demand by Buyer and within $ days after demand, be returned to Buyer and
simul.tancously with such repayment, Buyer shall return Personalty and vacat~ Real Property and reconvey it to Scaler by special
warranty deed. If Buyer falls to make timely demand fur refund, Buyer shall take title as L~ w~ving all rights against Seller as to
any intervening dcf.cct except as may be available to Buyer by virtue of wa/ranties contained in the deed. If a portion or the
pu~asc price is to be derived from institutional financing or refinancing, requirernents of thc leading institution as to place,
time of day and procedures for closing, and for disbursement of mortgage proceeds shall control over contrary provision in this
· Contract. Scaler shall ~avc the right to require from thc lending instftution a written comrnia-acat that it will not withhold
disbursement of mortga&c proce, c~ as a result of any title defect attributable to Buyer. mortgagor. Thc' cserow and closing -'
procedure required by this Standard may be waived if title agent insures adverse matters pur$'uant to Scctlon 627.784], F.S.
(1989). as amended.
Q. ESCROW: Any escrow agent ('Agent') rocciving funds or equivalent is authorized and agrees by acceptance of them to
deposit them promptly, hold sarnc in escrow and, subject to clearance, disburse them in accordance with terms and conditions of
agrceraenL Failure of.clcanmco of£unds shall not cxcnsc Buyer's performance. If' in doubt-as to Agent's duties or liabilities
under the provisions of agree:mcat, Agent may, at Agant's option, continue to hold the sobjcct matter of the e~erow until thc
parties mutually agree to iL~ disburserncnL or until a judgment of a court of competent jurisdiction shall determine thc rights of
thc parties or Agent may deposit with thc clerk of'thc circuit court having jurisdiction of thc dispute. Upon notifying all par. t. ics
concerned of such action, all ii.ability on the part of Agone shall fully terminate., except to the c~ctent of accounting for any items
previously delivered out of escrow. If a licensed real estate broker, Agent will comply with provisions of Chapter 47:5, .F.S.
(1987), as amendcck Any suit between Buyer and Seller where Agent is made a.party becansc of acting as Agone hereunder, or
in any suit v~hercin Agent interplcads thc subject matter of thc escrow, Agent shall recover reasoneble attorney's fccs and costs
incurred with thc fees and costs to be charged and a.~cssed as court costs in favor of thc prevailing party: Parties agree that
'Agent shall not be liable to any party or person for misdelivcry to Buyer o.r Seller of' items sub. ieee to this escrow, unless such
misdclivery is duc to willful breach of contract or gross negligence of Agent.
R. ATTORNEY FEES; COSTS: In any litigation, arising out of'this'Contract, thc prevailing party in such litigation which, for
' the purposes of this Standard, shall include Seller, Buyer, listing broker, Buyer's broker and any subagents to thc }isting broker
ot Buyer's broker, Shall be entitled to recover reasonable attorney's fe~ and costs.
S. FAILUILE OF PERFORMANCE: If Buyer fall~ to pcd'orra this contract within the time specified (including payment of
ali deposit(s)), thc deposit(s) paid by buyer and deposit(s) agreed to be paid, may bc retained by or for thc account of Seller as
agreed upon liquidated damages, consideration for thc execution of this Contract and in full settlement of any claims;
whereupon, Buyer and Seller shall be relieved of all obligations under contract; or Seller, at S.c. ller's option, may proceed irt
equity to enforce Seller's ~ights under this contract. If, for any reason other than failure of Seller to ma]cc Seller's title~'
marketable niter diligent effort, Scaler falls, neglects or refuses to perform this Contract, the Buyer may seek specific
performance or elect to receive thc returo of Buyer's deposit(s) without thereby waiving any action for damages resulting from
Seller's breach.
T. AGREEi~F. NT NOT RECORDABLE; PEP. SONS BOUND; NOTICE: Neither this Contract nor any notice of' it shall be
recorded in any public records.' T~is Contract shall bind and inure to the benefit of the parties and their successors in intercsL
Whenever 0~c context permits, singular shall include plural and one gender shall include all. Notice given by or to thc attorney
for any p~ty shall be as cITcctivc as if given by or to that party.
U. CONVEYANCE: Seller shall convey title to Real Property by statutory warranty, Irustcc's personal representative's or
guardian's deed, a~ approprlatc to the status of Seller, subject only to matters contained in Pa~agrzph VII and those othcrxvlsc
accepted b)' Buyer. Personalt)' shall, at reducer of'Buyer, be transferred b)' an absolutc bill o/'saic With warrant)' of title, sub. jcct
only to such matters as may be othe4,wlse provided for herein.
V'. OTHEI~ AGI~EEMEIN'TS: No prior or present agrccmcnts or representations shall be binding upon Buyer or Seller unless
included in this Contract. No modification or changc in this Contract shall bc valid or binding upon thc partics unless in writing
and executed by thc party or parties intended to bc bound by iL
W. W~: SeJlcc warrants that there arc no facts known to Seller'matcrlally a~'c~tin~ thc valuo of the Read Property
which mz not readily observable by Buyer or which havc not been disclosed to Buyer.
4~ E M 0 RAN D U M
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY IVlJ~AGER&~
SUBJECT: AGENDA ITEM ~ /0~ _ REGULAR MEETING OF FEBRUARY 18, 1997
SECOND READING AND PUBLIC HEARING FOR ORDINANCE NO. 5-97
(AMENDMENTS TO CODE ENFORCEMENT ORDINANCE)
DATE: FEBRUARY 13, 1997
This is second reading and public hearing for Ordinance No. 5-97
which amends Chapter 37, "Delray Beach Code Enforcement", of the
City Code. In sum, the amendments allow code officers to issue
Notices to Appear in County Court for code violations. Also, the
Code Enforcement Board will be allowed to assess enforcement fees
upon repeat violators even if the repeat violation is corrected
prior to the scheduled hearing. These amendments are authorized
by Florida Statutes 162.06 and 162.23 which were enacted in 1996.
At first reading on February 4, 1997, the Commission passed the
ordinance by unanimous vote.
Recommend approval of Ordinance No. 5-97 on second and final
reading.
ref:agmemo9
ORDINANCE NO. 5-97
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 37, "DELRAY
BEACH CODE ENFORCEMENT", OF THE CODE OF ORDINANCES
OF THE CITY OF DELP~AY BEACH BY AMENDING SECTION
37.03, "DEFINITIONS", TO PROVIDE FOR A DEFINITION
FOR NOTICE TO APPEAR; AMENDING SECTION 37.36,
"INITIATION OF ENFORCEMENT PROCEDURES", SUBSECTION
(E), TO PROVIDE THAT THE CODE ENFORCEMENT BOARD
RETAINS THE RIGHT TO SCHEDULE A HEARING AND IMPOSE
REASONABLE PAYMENT OF ENFORCEMENT FEES UPON REPEAT
VIOLATIONS EVEN IF THE REPEATED VIOLATION IS
CORRECTED PRIOR TO THE SCHEDULED HEARING, AND BY
ENACTING NEW SUBSECTIONS (F) AND (G) TO PROVIDE
CODE ENFORCEMENT OFFICERS WITH THE AUTHORITY TO
ISSUE NOTICES TO APPEAR IN COUNTY COURT FOR CODE
VIOLATIONS AND PROVIDING PROCEDURES FOR THE
ISSUANCE OF NOTICES TO APPEAR BY CODE ENFORCEMENT
OFFICERS; PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, Section 37.03 of the City Code provides for
definitions as it pertains to the City codes and ordinances which
promote the health, safety and welfare of the citizens of the City;
and
WHEREAS, Section 37.36 of the City Code provides for
procedures for the enforcement of the City's codes and ordinances to·
promote the health, safety and welfare of the citizens of the City;
and
WHEREAS, the State Legislature has enacted state statutes
that authorize municipal code enforcement boards to schedule hearings
and impose payment of reasonable enforcement fees upon repeat
violators even if the repeat violation is corrected prior to the
scheduled hearing; and
WHEREAS, the State Legislature has enacted state statutes
that authorize municipal code enforcement officers to issue Notices
to Appear in County Court to assist in the enforcement of municipal
codes and ordinances; and
WHEREAS, the City Commission desires to incorporate state
law into its Code of Ordinances to allow for the full range of
municipal code enforcement powers as authorized by state law to
promote the health, safety and welfare of its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
, ' Chapter 37,
Section 1. That Title III "Administration,,
"Delray Beach Code Enforcement" Section 37 03 "Definitions" of the
Code of Ordinances of the City of Delray Beach, Florida, be and the
same is hereby amended to read as follows:
Section 37.03 DEFINITIONS.
For the purpose of this chapter the following definitions
shall apply unless the context clearly indicates or requires a
different meaning.
"BOARD". The Code Enforcement Board of the City.
"CITY ATTORNEY". The City Attorney or Assistant City
Attorney.
"CITY COMMISSION". The legislative body of the City.
"CODE ENFORCEMENT OFFICERS" or "BUILDING/CODE ENFORCEMENT
OFFICERS". Those employees or other agents of the City designated by
ordinance or duly authorized and appointed by the City Manager, whose
duty it is to enforce City codes and to present code violations to
the Code Enforcement Board.
"CODES." The chapters of this code of ordinances described
in Sec. 37.02 above.
"NOTICE" or "WRITTEN NOTIFICATION". Notice shall be
provided to the alleged violator by certified mail, return receipt
requested, by hand delivery, by the Sheriff or other Law Enforcement
Officer, Code Inspector or other person designated by the local
governing body; by leaving notice in the violator's usual place of
residence with any person residing therein who is above the age of 15
years of age and informing such person of the contents of a notice or
at the option of the Code Enforcement Board by publication pursuant
to F.S. Section 162.12(2). In lieu of publication, such notice may
be posted for at least ten (10) days in at least two locations, one
of which shall be the property upon which the violation is alleged to
exist and the other of which shall be at City Hall.
(~. Ord. No. 99-94, passed 1/3/95)
"NOTICE TO APPEAR-. A notice to appear means a written
order issued by a code enforcement officer in lieu of physical arrest
requirinq a person accused of violatinq the law to appear in a
desiqnated court or qovernmental office at a specified date and time.
- 2 - Ord. No. 5-97
"REPF2kT VIOLATION". A violation of the provision of any
code or ordinance by a person whom the Code Enforcement Board has
previously found to have violated the same provision within five
years prior to the violation.
-VIOLATOR". The responsible for the code violation,
person
which in the appropriate circumstances shall be the perpetrator of
the violation or the owner of the real property upon which the
violation occurred, or both.
('80 Code, Sec. 2-103) (Ord. No. 78-79, passed 12/10/79; Am. Ord.
No. 51-82, passed 8/24/82; Am. Ord. No. 81-89, passed 12/5/89;
Am. Ord. No. 99-94, passed 1/3/95)
Section 2. That Title III, "Administration", Chapter 37,
Beach Code Enforcement", Section 37.36, "Initiation of
Enforcement Procedures", of the Code of Ordinances of the City of
Delray Beach, Florida, be and the same is hereby amended to read as
follows:
Section 37.36 INITIATION OF ENFORCEMENT PROCEDURES.
(A) It shall be the duty of the Code Enforcement Officer
to initiate enforcement proceedings of the various codes. However,
no member of the Code Enforcement Board shall have the power to
initiate such enforcement proceedings.
(B) Except as provided in paragraph (C) and (E), if a
violation of the codes described in Sec. 37.02 is found, the Code
Enforcement Officer shall notify the violator and give him a-
reasonable time to correct the violation. Should the violation
continue beyond the time specified for correction, the Code
Enforcement Officer shall notify the Code Enforcement Board and
request a hearing. The Board, through its clerical staff, shall
schedule a hearing, and written notice of such hearing shall be
hand-delivered or mailed as provided by this chapter to the
violator. If the violation is corrected and then recurs, the
case shall be presented to the Board even if the violation has
been corrected prior to the Board hearing, and the notice shall
so state.
(C) If the Code Enforcement Officer has reason to believe
a violation or the condition causing the violation presents a serious
threat to the public health, safety, and welfare, he shall make a
reasonable effort to notify the violator and may immediately notify
the Board and request a hearing.
(F.S. Section 162.06) (Am. Ord. No. 99-94, passed 1/3/95)
- 3 - Ord. No. 5-97
(D) Fire prevention code violations. If the violation
arose under Chapter 96, the Code Enforcement Officer or the Chief of
the Fire Department may, at his option, either proceed under this
chapter or pursuant to the authority and procedures set forth in
Chapter 96. Nothing in this chapter shall be construed or applied to
limit the authority of the Chief of the Fire Department or of any
fire marshal or fire inspector to proceed pursuant to Chapter 96.
(E) If a repeat violation is found, the Code Enforcement
Officer shall notify the violator but is not required to give the
violator a reasonable time to correct the violation, and may
immediately issue a citation. The Code Enforcement Officer, upon
notifying the violator of a repeat violation, shall notify the
Code Enforcement Board and request a hearing. The Code
Enforcement Board, through its clerical staff, shall schedule a
hearing and shall provide written notification to the violator.
The case may be presented to the Code Enforcement Board even if a
repeat violation has been corrected prior to the Board's hearing
and the notice shall so indicate. If the repeat violation has been
corrected, the Code Enforcement Board retains the riqht to schedule a
hearinq to determine costs and impose the payment of reasonable
enforcement fees upon the repeat violator. The repeat violator may
choose to waive his or her rights to this hearinq and pay said costs
as determined by the Code Enforcement Board.
(F) Notwithstandinq Section 37.36(B), a Code Enforcement
Officer may issue a Notice to Appear at any hearinq conducted by a
County Court if the officer, based upon personal investiqati.on, has
reasonable cause to believe that the person has violated a code or.
ordinance. If a person issued a notice to appear under this section
refuses to siqn such notice, the code enforcement officer has no
authority to arrest such person.
(G) Prior to issuinq a notice to appear, a code
enforcement officer shall provide written notice to the person that
the person has committed a violation of a code or ordinance and shall
establish a reasonable time period within which the person must
correct the violation. Such time period shall be no fewer than five
(5) days and no more than thirty (30) days. If, upon personal
investiqation, a code enforcement officer finds that the person has
not corrected the violation within the prescribed time period, a code
enforcement officer may issue a notice to appear to the person who
has committed the violation. A code enforcement officer is not
required to provide the person with a reasonable time period to
correct the violation prior to issuinq a notice to appear and may
immediately issue a notice to appear if a repeat violation is found,
or if the code enforcement officer has reason to believe that the
presents a to the public health, safety or
violation
serious
threat
welfare, or if the violation is irreparable or irreversible.
- 4 - Ord. No. 5-97
Section 3. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 4. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 5. That this ordinance shall become effective ten
(10) days after its passage on second and final reading.
PASSED AND ~OPTED in regular session on second and final
reading on this the 18th day of February , 1997.
/City -C~rk /
First Reading February 4, 1997
Second Reading February 18, 1997
I' - 5 - Ord. No. 5-97
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM #/0~- REGULAR MEETING OF FEBRUARY 18, 1997
SECOND READING AND PUBLIC HEARING FOR ORDINANCE NO. 7-97
(WALLS, FENCES AND HEDGES)
DATE: FEBRUARY 13, 1997
This is second reading and public hearing for Ordinance No. 7-97
which amends Section 4.6.5 of the Land Development Regulations
concerning walls, fences and hedges. This amendment has been
though several drafts since 1995. It is now proposed with
language that restricts the height of walls, fences and hedges to
three feet in areas where they are deemed to create a sight
obstruction. The amortization provision has been removed.
Other changes include the addition of language which requires
chain link fences located in front or street side yards to be
either black or green vinyl coated or be screened by hedges, and
requires all fences which are greater than 75% opaque to be
screened by hedges. A provision is added to allow the height of
walls, fences and hedges to be measured from the natural grade of
the ground. Also, setback and landscape requirements are
provided.
The Planning and Zoning Board considered the amendment at a public
hearing on January 27, 1997. After discussion, the Board voted
unanimously to recommend approval of the amendment with the
language contained in the attached ordinance. At first reading on
February 4, 1997, the Commission passed the ordinance by unanimous
vote.
Recommend approval of Ordinance No. 7-97 on second and final
reading.
ref:agmemol0
ORDINANCE NO. 7-97
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 4.6.5,
"WALLS, FENCES, AND HEDGES", OF THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY BEACH, TO RESTRICT
THE MAXIMUM HEIGHT OF WALLS, FENCES AND HEDGES WHERE
THEY ARE DEEMED TO CREATE A SIGHT OBSTRUCTION;
PROVIDING A MEASUREMENT METHOD FOR HEIGHT;
RESTRICTING THE USE OF CERTAIN FENCE TYPES IN FRONT
AND STREET SIDE YARDS UNLESS SCREENED BY HEDGING;
PROVIDING SCREENING REQUIREMENTS FOR MASONRY WALLS;
PROVIDING FOR SETBACKS AND LANDSCAPING; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and
Zoning Board reviewed the subject matter at its meeting of January 27,
1997, and has forwarded the change with a unanimous recommendation of
approval; and
WHEREAS, pursuant to Florida Statute 163.3174(4) (c), the
Planning and Zoning Board, sitting as the Local Planning Agency, has
determined that the change is consistent with and furthers the
objectives and policies of the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter Four, "Zoning Regulations", Article
4.6, "Supplemental District Regulations", Section 4.6.5, "Walls,
Fences, and Hedges", of the Land Development Regulations of the City
of Delray Beach, Florida, be, and the same is hereby amended to read
as follows:
Section 4.6.5 Walls, Fences, and Hedges
(A) Relationship to travelways: ~/~alls, fences, hedges,
or similar structures shall not be erected in the public right-of-way
nor close to the public right-of-way in a manner which ~ /~
~~/~~ will obstruct visibility or otherwise interfere
with the proper flow of vehicular traffic, pedestrian safety, or the
provision of services. Where deemed to create a siqht obstruction,
fences, hedqes and walls shall be maintained at a heiqht not exceedinq
three feet. On corner lots and at points of access, additional
restrictions requirinq provision of adequate siqht trianqles are
provided in Section 4.6.14(A).
(B) Dangerous features: No walls, fences or hedges shall
contain any substance such as, but not limited to, barbs, broken
glass, nails or spikes, nor shall any fence be electrically charged.
However, two feet of barbed wire may be placed upon a six foot or
higher fence in nonresidential zone districts.
(C) Height Restrictions: ~ /~all~, fence~ or hedge~
located in a required front yard or street side yard shall not exceed
six feet (6') in height. ~/~all~, fence~ or hedge~ located in a
required interior side or rear yard shall not exceed eight feet (8')
in height. Such height is further regulated by subsection (A), above.
For the purpose of this section, heiqht is to be measured from the
undisturbed (natural) qrade of the qround adjacent to the exterior of
the fence, wall or hedqe.
(D) Fence Types: Chain link fencinq located in the front
and street side yards shall be black or qreen vinyl coated, unless
screened by hedginq which is to be maintained at the full heiqht of
the fence. Fencinq that is qreater than 75% opaque and located in
front and street side yards shall also be screened by hedqinq which is
to be maintained at the full heiqht of the fence.
(E) Masonr~ Walls: Masonry walls located in the front and
street side yards shall be screened by landscape material that is to
be maintained at a minimum heiqht equal to half of the heiqht of the
wall. Landscape materials must be of the type that will reach the
required heiqht within two years of plantinq.
(F) Setbacks: Fences and walls which are required to be~
landscaped shall be set back a minimum of two feet (2') from the
property line to provide adequate area for veqetation to mature.
Additional restrictions with respect to setbacks are provided in
Section 4.6.16(3)(a).
(G) Landscapinq: All required landscape materials shall be
as approved by the City Horticulturist and shall comply with
applicable provisions of Section 4.4.16.
Section 2. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 3. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
- 2 - Ord. No. 7-97
Section 4. That this ordinance shall become effective
i~ediately upon passage on second and final reading.
PASSED ~ ~OPTED in regular session on second and final
February _ ., 1997
reading on this the 18th day of ·
ATTEST:
~ity Cl~k /
First Reading February 4, 1997
Second Reading February 18, 1997
- 3 - Ord. No. 7-97
TO: DAVID T. HARDEN
Cl~ MAN. AGER
THRU: D R
DEPARTMENT OF PLANNING AND ZONING
FROM: PAUL DORLING, P_~INCIPAL PLANNER
SUBJECT: CITY COMMISSION MEETING OF FEBRUARY 4,1997
AMENDMENT TO LDR SECTION 4.6.5 FOR WALLS, FENCES, AND
HEDGES.
The action requested of the City Commission is approval of an amendment to Section
4.6.5 of the Land Development Regulations (LDRs) Walls, Fences, and Hedges.
~:::::::::i::~::::::::::~:::::::::::::::::::::!::::::::::i:::::::::::::::::::::::::i:::::::::::::::::::~::::::~:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ......................... :: .......................... !::::.::::: .......................... ::::::::::::::::::::::::::::::::::::::::::::::::::::::::.:.:::::::::::::::::::::::::::::::::::::::::::::::~:~::~:::::::::~:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::i:::i:::~
The proposed amendment adds language which restricts fences, hedges, and walls to
three feet in areas where they are deemed to create a sight obstruction. Additional
reference is made to restrictions which require provision of sight triangles for corner lots
and mid block accessways under Section 4.6.14(A). The amendment adds language
which requires chain link fences located in the front and side street yards to be either
black or green vinyl coated, or be screened by hedges, and requires all fences which
are greater than 75% opaque to be screened by hedges.
The amortization language added by the Planning and Zoning Board in its prior
consideration of the LDR amendment has been removed in its entirety. The City
Commission had considerable concern and discussion with respect to the proposed
language which would have allowed non-conforming situations to continue until the
year 2000. The City Commission's position was that if existing situations were
identified as a sight obstruction they are a hazard and should not be legitimized for any
period of time.
City Commission Documentation
Amendment to LDR Section 4.6.5. for Walls, Fences, and Hedges
Page 2
The current amendment also adds language which will allow the height of walls, fences
and hedges to be measured from the undisturbed (natural) grade of the ground
adjacent the exterior of the wall, fence or hedge. This simplified measurement method
will reduce the need for expensive topographic surveys and will make it easier for
building inspectors to measure the facilities in the field.
The Planning and Zoning Board considered the amendment at a public hearing on
January 27, 1997. No one from the public spoke in favor or opposition to the changes.
The Board had significant discussion relating to the screening of fences within the front
and side street yards and recommended the following language be added to the
amendment:
That the initial reference to the requirements to screen board-on-board and shadow
box fences in the front and side street yards be expanded to include any fences
which are greater that 75% opaque.
· That non-vinyl chain link fences be allowed in the front and side street yards if
screened by hedging which is to be maintained at the full height of the fence.
· That masonry walls in the front and side street yards be screened with landscaping
which shall grow to a minimum of 50% screening within two years of planting.
· That fences and walls which are to provide landscaping shall be setback a
minimum of 2' from the property line to provide adequate area for vegetation to
mature.
The Board's recommendations have been incorporated in the attached amendment.
By motion, approve the attached amendment to Section 4.6.5. (Walls, Fences, and
Hedges).
Attachments:
· LDR amendment Section 4.6.5
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~I
SUBJECT: AGENDA ITEM # /~)~-REGULAR MEETING OF FEBRUARY 18, 1997
SECOND READING AND PUBLIC HEARING FOR ORDINANCE NO. 8-97
(PROCEDURES FOR RIGHT-OF-WAY ABANDONMENTS)
DATE: FEBRUARY 13, 1997
This is second reading and public hearing for Ordinance No. 8-97
which amends administrative provisions of the Land Development
Regulations with respect to the procedure by which public
rights-of-way may be abandoned. The specifics are outlined in the
attached staff report.
The Planning and Zoning Board considered the amendments at a
public hearing on January 27, 1997, and voted unanimously to
recommend approval as proposed. At first reading on February 4,
1997, the Commission passed the ordinance by unanimous vote.
Recommend approval of Ordinance No. 8-97 on second and final
reading.
ref:agmemol2
ORDINANCE NO. 8-97
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 2.4.2,
"NOTICE REQUIREMENTS", AND SECTION 2.4.6(0),
"ABANDONMENT OF RIGHTS-OF-WAY", OF THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH,
TO REVISE THE PROCEDURE BY WHICH PUBLIC
RIGHTS-OF-WAY MAY BE ABANDONED; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and
Zoning Board reviewed the subject matter at a public hearing on
January 27, 1997, and has forwarded the change with a recommendation
of approval; and
W~EREAS, pursuant to Florida Statute 163.3174(4) (c), the
Planning and Zoning Board, sitting as the Local Planning Agency, has
determined that the change is consistent with and furthers the
objectives and policies of the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter Two, "Administrative Provisions",
Article 2.4, "General Procedures", Section 2.4.2, "Notice
Requirements", Subsection 2.4.2(B), "Public Hearing Requirements",
subparagraph 2.4.2(B) (1), "Notice", of the Land Development-
Regulations of the City of Delray Beach, Florida, be, and the same is
hereby amended by enacting a new sub-subparagraph 2.4.2(B) (1) (i),
"Right-of-Way Abandonments", to read as follows, and providing for the
alphabetical relettering of the remainder of the subparagraph:
(1) Notice: All public hearings shall be noticed through
letters to property owners, legal advertisements, or display
advertisements as set forth below:
(i) Riqht-of-Wa¥ Abandonments: The City shall notify
all abutting property owners by certified mail.
Said notice shall be mailed no later than twenty
(20) calendar days prior to the public hearinq
before the Planninq and Zoninq Board. The notice
shall describe the property to be abandoned and
shall qenerall¥ describe the obliqations that will
accrue to the property owners if the abandonment
is approved. The City shall also provide notice
of the public hearinq before the Planninq and
Zoning Board to the owners of all property located
within five hundred feet (500') of the perimeter
of the property which is to be abandoned. Said
notice shall be mailed no later than ten (10)
calendar days prior to the public hearinq before
the Planninq and Zoninq Board. In addition, a
public notice shall be published in the leqal
section of a newspaper and shall appear no later
than ten (10) calendar days prior to said public
hearinq before the Planninq and Zoninq Board.
Other Public Hearings: All other public hearings
required in the implementation or amendment of
these Land Development Regulations shall be
advertised in the legal section of a newspaper at
least ten (10) days prior to the hearing.
(k) ~y Concurrent Notice: When it is necessary to
provide a letter notice of a public hearing for
multiple hearings before one or more bodies, said
notice may be combined within a single letter.
(1) ~ Form of Notice: Any notice for a public hearing,
whether advertisement or letter, shall, at a
minimum, contain the following:
* Date of the public hearing
* Purpose of the public hearing
· Location of the property which is the subject
of the hearing
· Identification of the location of information
about the subject of the public hearing
(m) ~ Newspaper Preference: There is no legislative
i! preference pertaining to the publication of
required notices provided that the newspaper is
published at least five days per week.
(n) ~ Establishment of Mailing List: Whenever notice is
to be provided by a letter, the owners of property
to be notified shall be considered to be those
recorded on the latest official county tax roll.
A list of such owners along with their mailing
- 2 - Ord. No. 8-97
addresses shall be. provided as a part of the
development application and shall be accompanied
by an affidavit stating that to the best of the
applicant's knowledge, the list is complete and
accurate. The list shall be accompanied by a
drawing showing all property lying within five
hundred feet (500') of the property under
consideration, and mailing labels that would
include the property owners name and mailing
addresses.
(o) ~y Change in Project: During the course of
processing, a development request which requires
public hearing notice may be changed by the
applicant without requiring renotice, provided
that:
* The change is not to a new zoning designation
which is deemed as to accommodate more
intensive use; or
* The change does not allow the introduction of
a new type of use or another use which, in
and of itself, is subject to a public
hearing.
Section 2. That Chapter Two, "Administrative Provisions",
Article 2.4, "General Procedures", Section 2.4.6, "Procedures for
Obtaining Permits and Approvals", Subsection 2.4.6(0), "Abandonment of.
Rights-of-Way", of the Land Development Regulations of the City of
Delray Beach, Florida, be, and the same is hereby amended to read as
follows:
(O) Abandonment of Rights-of-Way:
(1) Rule: Public right-of-way may be abandoned
(returned) to the fee description of adjacent property to the same
degree in which it was originally obtained i.e. property dedicated
exclusively from a single parcel shall be returned to that parcel;
property dedicated through subdivision shall be divided at the center
line and returned equally to abutting parcels. Abandonment of
right-of-way may be granted by a formal resolution enacted by the City
Commission.
(2) Required Information:
(a) An application form as promulgated by the
City Engineer.
- 3 - Ord. No. 8-97
(b) A survey of the property which is to be
abandoned with said survey showing all
improvements (including utility locations)
which are within or immediately adjacent to
the property to be abandoned; and including
adjacent property lines and identification of
property owners and business located thereon.
.(c). A mailinq list containinq the information
described in Section 2.4.2(B) (1) (m).
(3) Procedure: Upon receipt of the above information,
the following procedures shall be followed under the direction of the
City Engineer:
(a) Certification that the submittal is complete
and accurate;
(b) Distribution of the application and survey to
all utilities who have or may have facilities
within the right-of-way or adjacent to it;
(c) Distribution to appropriate City departments
who may have an interest in the property e.g.
Fire Department, Police Department, Parks and
Recreation Department;
(d) Notification pursuant to Section
2.4.2(B) (1)(i).
- 4 - Ord. No. 8-97
(e) ~Y Upon receipt of all review comments, the
application with the recommendation of the
City Engineer shall be forwarded ~//~
~~/~/~~/~ for review at an
advertised public hearinq before the Planninq
and Zoninq Board. The recommendation of the
Planninq and Zoninq Board shall be forwarded
to the City Commission; ~/~~~/~
(f) ~Y If approved, the abandonment shall be
evidenced by a resolution of the City
Commission. After adoption, the resolution
shall be recorded in the public records of
Palm Beach County. Where deemed necessary by
the City Enqineer, an abandonment shall be
consummated through the filing of a boundary
plat, or replat, of the property to be
abandoned and the receiving properties.
(4) Conditions: Conditions may be imposed upon an
abandonment to:
(a) Insure timely consummation;
(b) Insure compliance with required findings;
(c) Require enhancement of the (to be) former
right-of-way in order to accomplish certain'
objectives and policies of the Comprehensive
Plan e.g., street beautification;
(d) Require replacement easements and/or
relocation of existing utilities, as may be
appropriate;
(e) Cause reversion or voidin9 of the abandonment
in the event of a failure to comply with
other conditions.
(5) Findings: Prior to granting an abandonment the
City Commission must make the following findings:
(a) That there is not, nor will there be, a need
for the use of the right-of-way for any
public purpose (Policy A-6.3 of the ~ff~
Transportation Element);
- 5 - Ord. No. 8-97
(b) That the abandonment does not, nor will not,
prevent access to a lot of record;
(c) That the abandonment will not result in
detriment for the provision of access and/or
of utility se~ices to adjacent properties or
the general area.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 4. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 5. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ~OPTED in regular session on second and final
reading on this the 18th day ofFebruary . i , 1997.
ATTEST:
-' ~ity Cl~k -
First Reading February 4, 1997
Second Reading February 18, 1997
- 6 - Ord. No. 8-97
TO: DAVID T. HARDEN, CITY MANAGER (~r~ - [~""'
FROM: DIANE DOMINGUEZ, DIRECTOR OF PLANNING ANV'~ Z~ING
SUBJECT: MEETING OF FEBRUARY 4, 1997
AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS,
SECTIONS 2.4.2(B) and 2.4.6(0), REVISING THE PROCEDURES FOR
PROCESSING ABANDONMENT OF RIGHTS-OF-WAY
The action requested of the City Commission is that of approving amendments to
Sections 2.4.2(B) and 2.4.6(0) of the Land Development Regulations, revising
the procedure by which public rights-of-way may be abandoned.
Abandonment of surplus right-of-way conveys benefits on both the abutting property
owners and the public. The land owners gain full use and control of the property. The
public gains benefits in that the property abandoned is returned to the tax rol~s, and the
City is no longer responsible for maintenance.
The current abandonment procedure requires that all property owners abutting the
right-of-way must execute the request for abandonment. City Commission approval is
in the form of a resolution, consummated by a replat of the properties involved. This
procedure can be costly and time-consuming for private petitioners, and does not lend
itself to publicly initiated abandonments, or requests involving longer sections of right-
of-way in developed areas, such as an entire block of unimproved alley.
The procedure for right-of-way abandonment should be streamlined and simplified
through the following:
· Replacing the requirement for abutting property owners to join in the application
with a requirement for notification of those property owners by certified mail.
· Addition of a public hearing before the Planning and Zoning Board.
· The ability to consummate the abandonment by recording the adopted City
Commission resolution.
City Commission Documentation
Amendment to the LDRs, Sections 2.4.2(B) & 2.4.6(0), Revising
the Procedures for Processing Abandonment of Rights-of-way
Page 2
The proposed amendments to the Land Development Regulations are attached to this
report.
On January 27, 1997, the Planning and Zoning Board held a public hearing on the
proposed amendments. There was no public testimony regarding the item. The Board
expressed some concern regarding the length of the notification period to abutting
property owners (10 days prior to the P & Z Board hearing). After discussion the Board
voted 7-0 to recommend that the City Commission approve the amendments as
proposed. Staff has since revisited the notification requirement, and agrees that since
an abandonment involves an assumption of certain obligations by abutting property
owners, a longer notification period is appropriate. The amendment has been revised
to require that notices be sent by certified mail 20 days prior to the P & Z hearing.
By motion, approve on first reading the amendments to Sections 2.4.2(B) and 2.4.6 (O)
of the Land Development Regulations, as contained in the attached staff report.
Attachment:
· Proposed amendments
S:\adv\ROW6
January 29, 1997
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~l
SUBJECT: AGENDA ITEM # /~ ~ - REGULAR MEETING OF FEBRUARY 18, 1997
SECOND READING AND PUBLIC HEARING FOR ORDINANCE NO. 9-97
(LDR AMENDMENT RELATING TO TRAFFIC STATEMENTS AND
STUDIES)
DATE: FEBRUARY 13, 1997
This is second reading and public hearing for Ordinance No. 9-97
which amends three sections of the Land Development Regulations as
they pertain to our regulations concerning traffic statements and
traffic studies. Essentially, this is a housekeeping ordinance to
revise the LDRs to be consistent with the requirements of the
adopted Palm Beach County Traffic Performance Standards Ordinance.
The Planning and Zoning Board considered the amendments at a
public hearing on January 27, 1997, and voted unanimously to
recommend approval. At first reading on February 4, 1997, the
Commission passed the ordinance by unanimous vote.
Recommend approval of Ordinance No. 9-97 on second and final
reading.
ref:agmemo3
ORDINANCE NO. 9-97
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 2.4.3(E),
"TRAFFIC STATEMENTS AND STUDIES" SECTION 2.4 6(K)
"ACCEPTANCE OF TRAFFIC STATEMENTS AND STUDIES", AND
SECTION 2.4.2 (C), "NOTICE TO EXTERNAL AGENCIES AND
CITIZEN GROUPS", SUBSECTION 2.4.2(C) (2) (d), "PALM
BEACH COUNTY TRAFFIC DIVISION" , OF THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH,
TO BE CONSISTENT WITH THE REQUIREMENTS OF THE
ADOPTED PALM BEACH COUNTY TRAFFIC PERFORMANCE
STANDARDS ORDINANCE RELATING TO TRAFFIC STATEMENTS
AND STUDIES; PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and
Zoning Board reviewed the subject matter at its meeting of January 27,
1997, and has forwarded the change with a recommendation of approval;
and
WHEREAS, pursuant to Florida Statute 163.3174(4) (c), the
Planning and Zoning Board, sitting as the Local Planning Agency, has
determined that the change is consistent with and furthers the
objectives and policies of the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter Two, "Administrative Provisions",
Article 2.4, "General Procedures", Section 2.4.3, "Submission
Requirements", Subsection 2.4.3(E), "Traffic Statements and Studies",
of the Land Development Regulations of the City of Delray Beach,
Florida, be, and the same is hereby amended to read as follows:
(E) Traffic Statements and Studies: Whenever a land use
application which will add use area or establish a new use which will
increase traffic at the site by ~ 201 or more trips per day (net
ADT) is submitted, it shall be accompanied by a traffic study which
meets the requirements of the Palm Beach County Traffic Performance
Standards Ordinance.
(1) Threshold Exemptions: ~~~/f~/~/~
Developments which qenerate 201 or more ADT and are located within the
City's TCEA (Traffic Concurrency Exception Area) are exempt from
havinq to provide a traffic study.
(2) Traffic Statement Exemptions: Ail other land use
applications which qenerate 200 or less ADT or are located in the
City's TCEA (Traffic Concurrency Exception Area). shall be accompanied
by a traffic statement which establishes the anticipated net ADT and
includes the followinq:///~/~f~/~~/~/~/~/~/~/~
1¢t 2
(a) Type of use and intensity
(b) Categorization by the ITE Manual and formula
used for establishing gross ADT
(c) Capture factors which are applied and
attendant calculations
(d) Calculation of net ADT
(e) Location of project
(f) Current (latest) ADT volumes for the street
upon which the use takes access(es).
Section 2. That Chapter Two, "Administrative Provisions",
Article 2.4, "General Procedures", Section 2.4.6, "Procedures for
Obtaining Permits and Approvals", Subsection 2.4.6(K), "Acceptance of
Traffic Statements and Studies", of the Land Development Regulations
of the City of Delray Beach, Florida, be, and the same is hereby
amended to read as follows:
(K) Acceptance of Traffic Statements and Studies: Whenever
a land use application will add use area or establish a new use which
will increase traffic at the site by ~ 201 or more trips per day
(net ADT) is submitted, it shall be accompanied by a traffic study.
Exemptions from the need to provide a traffic study and the contents
of a traffic statement are found in Section 2.4.3(E).
- 2 - Ord. No. 9-97
(1) Rule: Whenever a traffic statement is required,
it must be formally accepted by the City Engineer. Whenever a traffic
study is required, it must be formally accepted by the City Engineer
and forwarded to the County Traffic Division for review.
(2) Required Information:
(a) A traffic statement prepared pursuant to
2.4.3 (E)/; or
(b) A traffic study prepared pursuant to the Palm
Beach County Traffic Performance Standards
Ordinance.
(3) Procedures:
(a) Statement: A traffic statement shall be
submitted as a part of the development
application when the develoDment qenerates
200 or less ADT (averaqe daily trips}.
~~/ A traffic statement may be
provided separately to the City Engineer.
prior to submission of a full development
application.
(b) Study: A traffic study, when needed, shall
be submitted as a part of the development
application. Within ten days of its receipt,
it shall be either rejected or accepted by
the City Engineer. If rejected, processing
of the development application may cease
until an acceptable study is received.
If accepted the City Engineer shall forward
the traffic study along with his comments and
recommendations to the County Traffic
Division for further review, comment and
possible appeal pursuant to the Palm Beach
County Traffic Performance Standards
Ordinance.
- 3 - Ord. No. 9-97
(4) Conditions: Conditions are not appropriate with
respect to acceptance of a traffic study; however, conditions of
approval of the development application may be established based upon
the results of the traffic study. The conclusions of the traffic
study, as prepared by the applicant's consultant, may be modified by
the City Engineer and/or the County Traffic Division.
Section 3. That Chapter Two, "Administrative Provisions",
Article 2.4, "General Procedures", Section 2.4.2, "Notice
Requirements", Subsection 2.4.2(C), "Notice to External Agencies and
Citizen Groups", subparagraph 2.4.2(C) (2) (d), "Palm Beach County
Traffic Division", of the Land Development Regulations City
of
the
of
Delray Beach, Florida, be, and the same is hereby amended to read as
follows:
(2) Other Entities: Other governmental and regulatory
bodies shall be noticed as follows:
(d) Palm Beach County Traffic Division: Whenever a
site plan involves property adjacent to a
thoroughfare maintained by Palm Beach County, its
Traffic Division shall be notified upon receipt of
the development application and its approval of
any improvements or connections to the
thoroughfare shall be required prior to approval
of a final plat or final engineering plans when a
plat is not required.
In addition, whenever a proposed project will-
generate average daily traffic in excess of ~
200 trips, the required traffic study shall be
forwarded to the County Engineer for review and
comment prior to any consideration, by the
approving body, of the associated development
application.
Section 4. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 5. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
- 4 - Ord. No. 9-97
Section 6. That this ordinance shall become effective
immediately upon passage on second and final reading.
P~SSED g2qD ADOPTED ±n regular session on second and final
read±rig on this the 18th day of Februar7 , 1~7.
~citY- ci~rk '
First Reading February 4, 1997
Second Reading February 18, 1997
- 5 - Ord. No. 9-97
TO: DAVID T. HARDEN
C~GER
FROM: PAUL DORLING,~RINCIPAL PLANNER
SUBJECT: AMENDMENTS TO LDR SECTIONS 2.4.3(E), 2.4.6(K) AND
2.4.2(C)(2)(d) RELATING TO TRAFFIC STATEMENTS AND STUDIES.
The action requested of the City Commission is approval of LDR amendments to
Section 2.4.3(E), Section 2.4.6(K) and Section 2.4.2(C)(2)(d) of the Land Development
Regulations (LDRs) relating to Traffic Statements and Studies.
The City's LDRs currently outline under what conditions a traffic statement or traffic
study is required when processing a site development application. These regulations
were created and adopted in 1989 while the County's Traffic Performance Ordinance
was under final consideration. With final adoption of the County's Traffic Performance
Ordinance certain thresholds, exemptions and procedures outlined in the LDRs were
not adopted. The proposed changes revise the LDRs to be consistent with the
requirements of the adopted Palm Beach County Traffic Performance Ordinance.
The proposed amendment to LDR Section 2.4.3(E) changes the threshold for which a
traffic study is required from 500 daily trips to 201 daily trips. Development proposals
under 200 ADT (average daily trips) and those located within the City's TCEA (Traffic
Concurrency Exception Area) are required to submit a traffic statement only. A traffic
statement is simply an indication of trips that the project will generate, as opposed to a
traffic study which analyzes the distribution of the trips and the impact on adjacent
roadways and intersections.
City Commission Documentation
Amendments to LDR Sections 2.4.3(E), 2.4.6(K), & 2.4.2(C)(2)(d) Relating to Traffic Statements & Studies
Page 2
The amendment also removes exemptions for traffic studies or statements for
developments of certain levels of intensity. These exemptions were not incorporated in
the final adopted Traffic Performance Ordinance. Under LDR Section 2.4.6(K) the
threshold at which a traffic study is required is also being revised from 500 to 201 ADT.
Further, the submittal requirements were streamlined to require submittal of a traffic
statement or traffic study rather then submittal of both as currently required.
Amendments to Section 2.4.2(C)(2)(d) revise the threshold at which a traffic study is to
be forwarded to the county from in excess of 500 to 200 average daily trips.
The Planning and Zoning Board considered the amendments at a public hearing on
January 27, 1997. No one from the public spoke in favor or opposition to the
amendments. The Board recommended approval of the amendments on a unanimous
7-0 vote.
I
By motion, approval of the attached amendments to Section 2.4.3(E) Traffic
Statements and Studies, Section 2.4.6(K) Acceptance of Traffic Statements and
Studies and Section 2.4.2(C)(2)(d) Notice to External Agencies and Citizen Groups.
Attachments:
· LDR amendment Section 2.4.3(E)
° LDR amendment Section 2.4.6(K)
LDR amendment Section 2.4.2(C)(2)(d)
Section 2.4.3 (E)
(E) Traffic Statements and Studies: Whenever a land use application,
which will add use area or establish a new use which will increase traffic at the site by
500 201 or more trips per day (net ADT) is submitted, it shall be accompanied by a
traffic study which meets the requirements of the Palm Beach County_ Traffic
Performance Standards Ordinance.
(1)Threshold exemptions: ~"'"""'~+;""" ~'"' '~"d "'~';"~' '~c r. ot
. · ,rr ................. 'JCe .........
~md~).-Developments which generate 201 or more ADT and are located within the
City'~ TCEA (Traffic .Concurrency Exception Area) are exempt from having to
provide a traffic study.
(2) Traffic Statement s ~xer~~: All other land use applications
which generate 200 .or le~,s ADT. or are located in the City's TCEA (Traffic Concurrency
Exception Area) shall be accompanied by a traffic statement which establishes the
anticipated net ADT and includes the following:
The ,,traffic
(a) Type of use and intensity
(b) Categorization by the ITE Manual and formula used for
establishing gross ADT
(c) Capture factors which are applied and attendant calculations
(d) Calculation of Net ADT
(e) Location of project
(f) Current (latest) ADT volumes for the street upon which the
use takes access(es).
Section 2.4.6 (K)
(K) Acceptance of Traffic Statements and Studies: Whenever a land use
application will add use area or establish a new use which will increase traffic at the site
by 500 201 or more trips per day (net ADT) is submitted, it shall be accompanied by a
traffic study. Exemptions from the need to provide a traffic study and the contents of a
traffic statement are found in Section 2.4.3(E).
(1) Rule: Whenever a traffic statement is required, it must be formally
accepted by the City Engineer. Whenever a traffic study is required, it must be formally
accepted by the City Engineer and forwarded to the County Traffic Division for review.
(2) Required Information:
(a) A traffic statement prepared pursuant to 2.4.3(E) or .-~
(b) A traffic study prepared pursuant to the Palm Beach County Traffic
Performance Standards Ordinance.
(3) Procedures:
(a) ~Statement: A traffic statement shall be submitted as a part of the
development application when the development generates 200 or less
ADT (averaoe ..... daily triDs~. It ~h=!! b~ .... ,...,~...._; ..... '~ by t~,,C!ty,, ~"~._,,~,,,~, ....
~ .....+;~ ~"~" ~*"~"; ........ ~ ~ ..... +~~ ~ tra~c statement
may be provided separately to the City Enginoer prior to submission of
a full dovolopmont application.
(b) Study: A traffic study, when needed, shall be submitted as a part of
the development application. Within ten days of its receipt, it shall be
either rejected or accepted by the City Engineer. If rejected,
processing of the development application may cease until an
acceptable study is received.
If accepted, the City Engineer shall forward the traffic study along with
his comments and recommendations to the County Traffic Division for
further review, comment, and possible appeal pursuant to the Palm
Beach County Traffic Performance Standards Ordinance.
(4) Cenditions: Conditions are not appropriate with respect to acceptance of
a traffic study; however, conditions of approval of the development application may be
established based upon the results of the traffic study. The conclusions of the traffic
study, as prepared by the applicant's consultant, may be modified by the City Engineer
and/or the County Traffic Division.
Section 2.4.2 (C) (2)
(2) Other Entities: Other governmental and regulatory bodies shall be
noticed as follows:
(change the following subsection as follows)
(d) Palm Beach County_ Traffic Division: Whenever a site
plan involves property adjacent to a thoroughfare maintained
by Palm Beach County, its Traffic Division shall be notified
upon receipt of the development application and its approval
of any improvements or connections to the thoroughfare
shall be required prior to approval of a final plat or final
engineering plans when a plat is not required.
In addition, whenever a proposed project will generate
average daily traffic in excess of 500 200 trips, the required
Traffic Study shall be forwarded to the County Engineer for
review and comment prior to any consideration, by the
approving body, of the associated development application.
S:/DOC/TRIF
[lTV
Wrist's Direct L~:
DELRAY BEACH
lll.~ca Ci~ ~MO~~
]~~l~J DATE: Janua~28, 1997
~993
TO: Ci~ Co~ssion
~OM: David N. Tolces, Assistant City A~om~
SUBJECT: Revisions to Title V, Ch. 52, Code of Ordinances and LDR Sections
2.4.3 and 5.3.3
The proposed ordinance revises Section 52.39 of the Code of Ordinances regarding plan
review and inspection fees which the City charges. The reduction from 3 % to 2 % of
project costs will lower the costs to the developer who is currently paying approximately
6.27% of the project costs in fees to the City. The attached memo from Richard Hasko
explains the reasons for the revisions.
The revisions proposed in Section 2 of the ordinance will assist in keeping a uniform fee
schedule in the City's codes. At the current time, the water and sewer connection fees
and meter installation charges are contained in two different sections. By deleting the
fee from the LDR's, it will be easier to amend the fee in the future, and there should not
be any discrepancy as to the correct fee to be charged.
Section 3 of the ordinance deletes the impact fee requirement for water and sewer
systems. The fee is being deleted as, currently, the City does not collect the fee.
Impact fees were replaced by the connection fees referenced in
If you have any questions, please call. Section 2.
At first reading on February 4, 1997, the Commission passed the
DNT:smk ordinance by unanimous vote.
Attachments ~0p)~c/~
cc: David T. Harden, City Manager ~O~lSD ~1 I~] c~ ~
Sharon Morgan, City Clerk's Office
Richard Hasko, Assistant City Engineer J4 "~)
Diane Dominguez, Director of Planning & Zoning
inspect.dnt /0' ~ '
ORDINANCE NO. 1 O- 9 ?
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING PROVISIONS OF THE
CODE OF ORDINANCES AND LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY BEACH PERTAINING
TO WATER AND SEWER FEES, INCLUDING SECTION 52.39,
~OTHER FEES", OF THE CODE OF ORDINANCES TO PROVIDE
FOR THE DELETION OF THE PROJECT PLAN REVIEW FEE; TO
PROVIDE FOR A DECREASE IN THE PRO~ECT INSPECTION
FEE; TO PROVIDE FOR RE-LETTERING THE SECTION;
AMENDING SUB-SECTION 2.4.3(K), "FEES", OF THE LAND
DEVELOPMENT REGULATIONS TO PROVIDE FOR THE
DELETION OF THE WATER SYSTEM IMPACT FEE; DELETING
SECTION 5.3.3(G), "IlVIPACT FEE REQUIRED" OF THE LAND
DEVELOPMENT REGULATIONS; PROVIDING REFERENCES TO
THE CITY CODE OF ORDINANCES FOR WATER SYSTEM
CONNECTION FEES, METER INSTALLATION FEES AND SEWER
SYSTEM CONNECTION FEES; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
WHEREAS, the City of Delray Beach is authorized to collect fees to cover the administrative
cost of reviewing water and sewer plans; and
WHEREAS, the current project inspection fee of 3% of the cost of water and sewer
improvements is too burdensome for some developers; and
WHEREAS, the City Commission finds that an inspection fee of 2% of improvement costs
should more accurately reflect the actual administrative cost; and
WHEREAS, other fees, including the water system impact connection fee, and sewer system
connection fee as included in the City's Land Development Regulations, need to be revised.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, AS FOLLOWS:
~&Iio. n~. That Title V, "Public Works", Chapter 52, "Water", Section 52.39, "Other Fees", of
the Code of Ordinances of the City of Dekay Beach, Florida, be, and the same is hereby amended to
read as follows:
(A) 01-) Project Inspection Fee. The Environmental Services Deparunent will estimate the
consumction cost of the water and sewer improvements to be inspected. The inspection fee will
be charged to the project owner and will be calculated as construction cost of water and sewer
improvements x 3~0% 2.0%, but in no case less than $25.00. In addition, for all water and
sewer inspections taking place after normal Environmental Services business hour~, the project
~ * '" additional inst~ection fees at an overtime rate of $40.00 per
owner will pay ~" ~ .... ' ~ ~
hour per inspector. Fees will be billed to project owner periodically and the project owner shall
~ all fees ~ before the certificate of occupancy is issued.
t~x.-.jt°~ Utility Standards Fee. The charge for the minimum construction standards book
(Utility Standards) issued by the Environmental Services DeparUnent is $25.00.
(C). _ rr, x,..... / Late Payment. In the event water use charges become delinquent and/or water
services are discontinued by the city, said services shall not be restored until all delinquent
charges plus a five dollar ($5.00) penalty for late payment and shut off and reconnection charges
are paid in full.
LI~,.-.jaxx Meter Reread Charge. There will be a charge of $15.00 for each meter reread
requested by a customer. If the meter reading is in error in favor of the customer, the account
will be adjusted accordingly and the $15.00 service charge shall be waived.
1~ ~ Removal of Service Line. There will be charge for the removal of the service line
based on the actual cost (labor and materials) plus a ten percent (10%) surcharge, or $100.00,
whichever is greater, per occurrence.
CF) t"'-x Reinstallafion of a Service Line. In the event that a service line has been removed
for non-payment of charges, there will be a charge for reinstallation of a service line based upon
the actual replacement cost (labor and materials) plus a ten percent (10%) surcharge, or $100.00,
whichever is greater, per occurrence.
(G). x---~rm Destruction of Meter and/or Related Equipment. In the event of any damage to
meters and/or other appliance or appurtenace, there will be a charge based upon actual
replacement cost (labor and materials) plus a ten percent (10%) surcharge, or $100.00, whichever
is greater, per occurrence.
2 ORD NO. 10-97
(H) q,-) Fee for Maintenance of Improvements within Right-of-Way. In the event the City
places landscaping improvements and irrigation systems to maintain the landscaping
improvements within the right-of-way, the City Commission may impose a fee to cover the cost
of providing water to maintain the improvements and to provide for the cost of installing and
maintaining a sprinkler or other irrigation system. The City Commission may authorize the
payment of a fee to be collected monthly and to be included on the monthly water bill for
property owners whose property adjoins the right-of-way in which the City installed the
landscaping improvements. The fee shall be $5.00 per parcel located adjacent to the right-of-
way.
~. That Chapter Two, "Administrative Procedures", Article 2.4, "General
Procedures", Section 2.4.3, "Submission Requirements", Subsection 2.4.3(K), "Fees" of the Land
Development Regulations of the Code of Ordinances of the City of Delray Beach is hereby amended to
read as follows:
(4) Impact and Connection Fees:
LcD (-e) Water System Connection Fees:
.................... ~, .... per urft
Refer to Section 52.31. City. Code of Ordinatlce~, for water system
Meter Installation Charge:
Refer to Section 52.32. City. Code of Ordinances for meter installation fees.
......... e,"
3 ORD NO. 10-97
(s)
(a) '' '"'" Storra Water ass.
Co) ~t.,°~rnl_VFater Dra ;- -
Z~c or' Use ~d ~ge Utili~ ~_
Ple~e refer. _~ount of :~ ~ee: ~ ~ .
(c~ - ~o SeCtioa 56 ,~aPe~i°us ~.~c ~s Variable
"' Sewer .e .... ~. ~o or ~e Ci~Y~a aSSociate~ .y.~epend~
~e~, ~ ~d De~ ' Water .... ~s~on ~e~la.'.
Pment ~_ _ ewer ~ , a_..
'x~la~on~ ~ . oyster, ~Cle 5.3, ,
~ ur ~e Cim ~' ~°UOsection ~ D?ication .
~,, ~s hereby ~,pact Fee
4
ORD NO. 10.97
~. That all ordinances or parts of ordinances in conflict herewith be, and the same are
hereby repealed.
S~tion 5. That should any section or provision of this ordinance or any portions thereof, any
paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part
declared to be invalid.
~ction 6. That this ordinance shall become effective immediately upon passage on second and
re,dm.
PASSED AND ADOPTED in regular session on second and final reading on this the 18 th day
of February , 1997.
ATTEST:
City Clerk .... -/- ' /
First Reading February 4, 19 9 7
Second Reading February 18, 19 9 7
fee.ord
5 ORD NO. 10-97
TO: DAVID T. HARDEN, CITY MANAGER
FROM:
DEPARTMENT OF PLANNING~ND ZONING
SUBJECT: CITY COMMISSION MEETING OF FEBRUARY 4, 1997
AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS
SECTIONS 2. 4.3(K) AND 5.3.3(G) - WATER & SEWER
CONNECTION FEES
DATE: JANUARY 29, 1997
This memorandum is provided as an addendum to David Tolces' memorandum on this
subject, in order to inform the City Commission that the amendments were reviewed
by the Planning and Zoning Board at its meeting of January 27, 1997. The Board on a 7
to 0 vote recommended that the City Commission approve the proposed LDRs changes
as contained in the attached ordinance.
If you have any questions, please call.
MEMORANDUM
TO: David Tolces
Asst. City Attorney
FROM: POchard C. Hasko, P.E.~.~~
Asst. City Engineer
SUBJECT: REVISIONS TO TITLE V, CH.52,CODE OF ORDINANCES
AND LDR SECTION 2.4.3
DATE: December 20, 1996
Insofar as I will be absent from the City from December 23 until January 6, 1997, I would
appreciate your assistance in coordinating placement of the subject City Ordinance and
LDR revisions on the January 7, 1997, City Commission Agenda for first reading.
As we have previously discussed, Chapter 52.39 of the Code of Ordinances establishes
Plan Review and Inspection Fees of 2% and 3%, respectively, of the cost of water and
sewer improvements to be assessed by Environmental Services Department to recoup the
City's cost for these services from developers. It has been brought to our attention that
the Building Department assesses plan review fees as part of the building permit fee at
the rate of 1.27% applied to project costs, including water and sewer costs. This brings
the total fee assessed by the City for water and sewer plan review and inspections to
6.27% of associated project costs.
A survey of other local municipal fee structures, e.g. Boynton Beach, Boca Raton and
Palm Beach County, indicate that Delray's fees are significantly higher for comparable
service. To bring our fee structure into line with other municipal rates and bearing in
mind that the fees need only cover the City's cost of providing the subject service, we
propose revising Chapter 52.39 as follows:
a.) Delete ESD plan review fee of 2%.
b.) Reduce inspection fee from 3% to 2%.
Plan Review Fees assessed by the Building Dept. are adequate to cover the cost of that
service performed by Engineering.
With regards to necessary revisions to LDR Section 2.4.3, this section simply needs to be
brought up to date with current codes. The attached memo from the City Manager
outlines the necessary revisions and explanation of need.
RCH/gm
Att: 1
cc: David T. Harden, City Manager
Diane Dominguez, Planning/Zoning
C. Danvers Beatty, P.E., City Engineer
Alison MacGregor-Harty, City Clerk
file: Code of Ordinances/LDR revisions
file:s/eng/eng/memo/dick/coldrrev.doc
MEMORANDUM
TO: Diane Domlnguez, Director of Plamfing and Zoning
FROM: David T. Harden, City Manager ?~'i1
SUBJECT: Water and Sewer Connection Fees
DATE: December 17, 1996
It has come to my attention that the LDR's in Section 2.4.3(K)(4)(d) stiJl shows Water
System Transmission and Storage Fees. These fees were repealed and replaced by the
Water System Connection fees which are shown in Section 2.4.3(K)(4)(e). Therefore, the
Transmission and Storage Fees need to be deleted from the LDK's. This change also
requires the repeal of Section 5.3.3(G) from the LDR's.
Also, the Sewer System Connection Fees shown in the LDR's Section 2.4.3(K)(4)(f) are
not current. The current Connection Fees, as shown in Section 53.130Co) of the City
Code, are $1084 for a residential unit or $1084 per equivalent residential connection for
non-residential connections. Furthermore, LDR's Section 2.4.3(K)(5)(c) refers readers to
Chapter 54 of the City Code for Sewer System User Fees. Chapter 54 has been repealed
and all sewer matters are now contained in Chapter 53.
You may want to simply reference the City Code for Water and Sewer Connection Fees
rather than repeating them in the LDR's, but I will leave that up to yon, whatever is
easiest for the people who are actually administering the Code.
Please ensure that these changes are made as soon as possible.
DTH:kwg
Do~.:HiOS~wcr. F~