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09-05-95 Regular DELR.4\ 8EKH CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION REGULAR MEETING ~ AII·America City SEPTEMBER 5. 1995 - 6:00 P.M./PUBLIC HEARING 7:00 P.M. '1111' COMMISSION CHAMBERS ~ The City will furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program or activi- ty conducted by the City. Please contact Doug Randolph at 243-7127 (voice) or 243-7199 (TDD), 24 hours prior to the program or activity in order for the City to reasonably accommodate your request. Adaptive listening devices are available 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: Ci ty Staff, public comments I 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 individual 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. All 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 to the Commission unless permission to continue or again address the Commission is granted by majority vote of the Commission member present. 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 appe~l 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: None 6. Proclamations: A. Recognizing and commending Mikey Caruso, U.S. National Barefoot Waterskiing Champion B. Recognizing and commending the West Atlantic Avenue Foot Patrol * Officer E. Aronowitz * Officer J. Milenkovic * Officer D. Cummings * Officer T. Mitchell * Officer J. Evans * Officer E. Robinson * Officer J. Horrell * Officer J. Sims 7. Presentations: A. Recognizing the Delray Ocean Rescue Competitions Team for their performance at the U.S.L.A. National Championships at Santa Cruz, California, August 10-12, 1995 * Stan Cale * Pat Daymon * A.J. Defilippis * Scott Mundell * Aaron Sarlo * Emerson Timmins * Lance Seiler, Team Captain 8. Consent Agenda: City Manager recommends approval. A. AGREEMENT FOR LOBBYING SERVICES/KATHLEEN E. DALEY: Approve an agreement for consultant/lobbying services between the City and Kathleen E. Daley for the period October 1, 1995 through September 30, 1996. B. LANDSCAPE WAIVER FOR BLOCK 85 REDEVELOPMENT: Approve a waiver to LDR Section 4.6.16(H) (3) (k) to reduce the width of a landscape area from 5 feet to 3 feet for the Block 85 -2- Redevelopment project at the southeast corner of Atlantic Avenue and S.E. 2nd Avenue, based on positive findings. C. INSTALLMENT AGREEMENT FOR IN-LIEU PARKING FOR NORTHERN TRUST BANK: Approve an installment agreement for the payment of $18,000 in-lieu parking fees for Northern Trust Bank, to be located at the southeast corner of East Atlantic Avenue and Palm Square. D. RENEWAL OF TRAINING AGREEMENT FOR VOCATIONAL EDUCATION PROGRAMS/SCHOOL DISTRICT OF PALM BEACH COUNTY: Approve a renewal of the Training Agreement for Vocational Education Programs between the City and the School District of Palm Beach County for the period July 1, 1995 through June 30, 1996. E. AMENDMENTS TO LICENSE AGREEMENT WITH LIDDUN INTERNATIONAL. INC. FOR THE LEGENDS TENNIS TOURNAMENT AND CONCERT: Approve amendments to the license agreement with Liddun International, Inc. for the Legends Tennis Tournament and concerts at the Municipal Tennis Center from November 30 through December 3, 1995. F. RESOLUTION NO. 59-95: Approve a resolution authorizing the transfer of Fairbanks Communications, Inc. (also known as Leadership Cablevision) cable television franchise to Leadership Acquisition Limited Partnership, an affiliate of Adelphia Communications Corporation. G. ACCEPTANCE OF EASEMENT DEED/WOLFE AND BROWN: Accept an easement deed from David Wolfe and Sharon Brown for a 12 foot sanitary sewer easement along the south boundary of their property at 2520 Greenbrier Drive (Lot 8, Woodvue Subdivision) . H. FINAL PLAT/THE VININGS AT DELRAY BEACH: Approve the final plat for The Vinings at Delray Beach, a replat of a portion of Tracts "B" , "C" and "D" of Laver's North, located on the west side of S.W. 4th Avenue, between Linton Boulevard and Egret Circle. r. FINAL PAYMENT/HAZEN AND SAWYER. P.C. : Approve final payment in the amount of $1,063.97 to Hazen and Sawyer, P.C. for consult- ing engineering services under Service Authorization No. 15 for the water main extension along N.E. 3rd Avenue, with funding from 440-5179-536-63.58. J. FINAL PAYMENT/HAZEN AND SAWYER. P. C. : Approve final payment in the amount of $1,766.52 to Hazen and Sawyer, P.C. for consult- ing engineering services under Service Authorization No. 11 for the extension of an 8" sewer collection system along Homewood Boulevard between Highland and Atlantic Avenues, with funding from 447-5175-536-36.30. K. CLOSEOUT CHANGE ORDER NO. 1 AND FINAL PAYMENT/INTERCOUNTY ENGINEERING. INC. : Approve Change Order No. 1 (Final) in the amount of $3,467.17, and request for final payment in the -3- amount of $7,548.05 to Intercounty Engineering, Inc. for the School Site "S" Lift Station 59E project, with funding from 441-5181-536~69.15. L. SETTLEMENT/KERSNER V. CITY OF DELRAY BEACH: Approve settlement of the referenced claim as recommended by the City Attorney. M. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION: Ratify the SCRWTD Board's action of August 31, 1995, to approve the expenditure of $3,936.50 (half from each city) from Capital Assets Fund to purchase a new 1/2 ton pickup truck from Wallace Ford. N. AWARD OF BIDS AND CONTRACTS: 1. Bid award to Southeastern Municipal Supply (SEMSCO) in the estimated annual amount of $20,302.42 (via Palm Beach County Contract) for water meter boxes and lids; with funding from 442-5178-536-52.31. 2. Bid award to Delray Garden Center in the amount of $45,000 for landscape maintenence for the Atlantic High School multi-purpose fields; with funding from 001-4131-572- 34.90. 3. Bid award to Murray Logan Construction, Inc. in the amount of $88,000 for modifications to yard piping at Lift Station No. 50 located on Lowson Boulevard at the E-4 Canal, with funding from 442-5178-536-61.84, through budget transfer from 61.90, 61. 42, and 64.13. 4 . Grant awards for the rehabilitation of two single family housing units under the CDBG Housing Rehabilitation program, to be awarded as follows: $17,388 for rehabili- tation at 718 S.W. 2nd Street to Pirst Choice Corporation, and an amount not to exceed $20,000 for rehabilitation at 202 S.W. 11th Avenue to Abisset Corporation. Funding is available from 118-1963-554-49.19. O. REQUEST FROM PALM ACTS FOR CONCERTS AT THE TENNIS STADIUM: Approve a request from Palm Acts to hold concerts in the Tennis Stadium on Saturday, October 28, 1995, and Saturday, November 18, 1995. 9. Regular Agenda: A. FLORIDA A&M MARCHING BAND: Consider the contracts associated with the Florida A&M University Marching Band matter. B. FUNDING COMMITMENT/SOUTH COUNTY CONVENTION CENTER: Consider formal approval of a commitment to provide funding support in the amount of $50,000 per year for twenty years, beginning FY 1997, provided the Palm Beach County Convention Center is built at the South County location. -4- C. RESOLUTION NO. 60-95: Consider a resolution extending the buildout date of a previously approved Development of Regional Impact (DRI) for Waterford Place, located south of Linton Boulevard east of I-95. D. INTERLOCAL AGREEMENT WITH SCHOOL BOARD FOR PINE GROVE PARK/PLAYGROUND: Consider approval of a Master Ìnterlocal Agreement and a site specific Addendum between the City and the Palm Beach County School Board for the Pine Grove Park/Playground project. E. REQUEST FROM CHAMBER OF COMMERCE FOR USE' OF CITY LOGO: Consider a request from the Chamber of Commerce for use of the City's logo on the Delray Worldwide Web Page via EmiNet Domain, a local internet access provider. F. APPOINTMENTS TO THE POMPEY PARK ADVISORY COMMITTEE: Appoint two citizen members to the Pompey Park Advisory Committee for two year terms ending September 13, 1997. The appointments will be made by Commissioner Ellingsworth and Commissioner Randolph. G. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Consider accepting the actions and decisions made by the Planning and Zoning Board, the Site Plan Review and Appearance Board, and the Historic Preservation Board during the period August 14 through September 1, 1995. H. SOCIAL SECURITY OFFSET/DISABILITY RETIREMENT: Consider a request to repeal the Social Security offset for disability retirees from the Police and Fire Pension Plan. I. EVALUATION/CITY ATTORNEY: J. EVALUATION/CITY MANAGER: 10. Public Hearings: ' A. RESOLUTION NO. 61-95: A resolution establishing a budget for the Stormwater Utility System, establishing the rates for FY 1995/96 stormwater management assessments, and certifying and adopting the stormwater management assessment roll. B. RESOLUTION NO. 62-95: A resolution tentatively levying a tax on all properties within the City of Delray Beach. C. RESOLUTION NO. 63-95: A resolution tentatively levying a tax on all properties within the Downtown Development Authority Taxing District of ~he City of Delray Beach. D. RESOLUTION NO. 64-95: A resolution making tentative appropriations of sums of money for all necessary expeditures of the City for the period October 1, 1995 to September 30, 1996. -5- E. ORDINANCE NO. 42-95: An ordinance annexing to the City a 94.14 acre parcel of land known as Blood's Hammock Groves. The subject property is located on the south side of Linton Boule- vard, east of Military Trail. F. ORDINANCE NO. 43-95: An ordinance annexing an 18.10 acre parcel of land known as the Jones Property and establishing initial zoning of RM-6 (Medium Density Residential - 6 units per acre) for 4.2 acres, and RM (Medium Density Residential - 6 to 12 units per acre) for 13.9 acres. The subject property is located on the north side of West Atlantic Avenue, immediately east of the Carver Middle School site. G. ORDINANCE NO. 44-95: An ordinance adopting Comprehensive Plan Amendment 95-1, including four amendments to the Future Land Use Map (FLUM) as indicated below. 1. Blood's Hammock Groves from County MR-5 (Medium Density Residential) to City Transitional, Medium Density Residen- tial, Low Density Residential, and Open Space. 2. Jones Property from County HR-8 (High Density Residential) and MR-5 (Medium Density Residential) to City Medium Density Residential. 3. Northwest area amending the City Advisory designation from Rural Residential to Low Density Residential, in part, and Transitional, in part. 4. Removing the Large Scale Mixed Use designation from the former Marina Cay site. H. TRANSMITTAL HEARING OF COMPREHENSIVE PLAN AMENDMENT 95-2: Authorize transmittal of Comprehensive Plan Amendment 95-2 to the State Department of Community Affairs for review. Future Land Use Map (FLUM) amendments which are part of Amendment 95-2 are: 1. Future Land Use Map Amendment from County HR-8 (High Density Residential - 8 units per acre) and CH-8 (Commercial High Intensity with a residential equivalent of 8 units per acre) to City Medium Density Residential and Transitional for the Spence property located on the west side of Military Trail, north of the L-33 canal. 2. Future Land Use Map Amendment from Redevelopment Area No. 1 to General Commercial, Low Density Residential (0-5 units per acre) , Medium Density Residential (5-12 units per acre) , Community Facilities and Open Space, for the West Atlantic Redevelopment Area. r. ORDINANCE NO. 48-95: An ordinance modifying the Community Redevelopment Plan for the City of Delray Beach in its entirety. -6- , J. ORDINANCE NO. 45-95: An ordinance amending LDR Section 4.4.10(G) (5) (c) regarding restrictions on advertising on auto- mobiles in the AC (Auto Commercial) District. K. ORDINANCE NO. 46-95: An ordinance amending the Land Develop- ment Regulations regarding platting requirements and proce- dures. 1. Adoption of Standard Subdivision Forms. 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. Pirst Readings: A. ORDINANCE NO. 49-95: An ordinance amending Chapter 51, "Garbage and Trash" , of the City Code to provide for an increase in the rates charged for garbage, recycling and trash services provided to residential and commercial customers. If passed, public hearing on September 19, 1995. B. ORDINANCE NO. 51-95: An ordinance establishing initial zoning of PRD-5 (Planned Residential Development - 5 units per acre), RM-8 (Medium Density Residential - 8 units per acre), OS (Open Space) , and SAD (Special Activities District) for Blood's Hammock Groves located on the south side of Linton Boulevard and east of Military Trail. If passed, public hearing on September 19, 1995. C. ORDINANCE NO. 52-95: An ordinance amending Chapter 93, "Cable Television" , of the City Code to provide for free cable service to all public buildings within the City of Delray Beach. If passed, public hearing on September 19, 1995. D. ORDINANCE NO. 50-95: An ordinance amending the Police and Firefighter Pension Plan. If passed, public hearing on September 19, 1995. E. ORDINANCE NO. 53-95: An ordinance to provide for representation from the new Orchard View Elementary School on the Kids and Cops Committee. If passed, public hearing on September 19, 1995. 13. Comments and Inquiries on Non-Agenda Items. A. City Manager B. City Attorney C. City Commission -7- 01{ . . ~ EITY DF DELIAY HEAEM DELRA Y BEACH íÞ..:.~ 100 N.W. 1st AVENUE DELRAY BEACH, FLORIDA 33444 3051243-7000 ANmerica City 'III'! PROCLAMATION 1993 WHEREAS, Michael Randolph Caruso, known as ·Mikey·, has won the United States National Barefoot Waterskiing Championships held in Duquoine, Illinois, on August 18-20, 1995; and WHEREAS, Mikey was one of fifteen boys from across the United States that qualified to compete in the final championship tournament; and WHEREAS, Mikey, a nine year old Delray Beach resident, is a fourth grade student in the gifted program at Banyan Creek Elementary School; and WHEREAS, Mikey learned to barefoot ski on Delray Beach's Lake Ida at the age of three and won his first competition at Cypress Gardens when he was four years old. He first competed in the United States National Barefoot Waterskiing Championships at the age of five, being the youngest person in America's history to qualify for competition in the national championships; and WHEREAS, Mikey has been chosen to represent the United States of America in the World Barefoot Waterskiing Championships in 1997 and has been chosen to be a member of Team Eagle, a team composed of the best waterskiers in the country. NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby recognize and commend MIKEY CARUSO on becoming the 1995 National Barefoot Waterskiing Champion and congratulate him on this achievement. We encourage him to continue in pursuit of his goal to be an Olympic gold medal winner and to enjoy his standing as a World Class Barefoot Water Skier. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed on this the 5th day of September, 1995. THOMAS E. LYNCH, MAYOR SEA L ~,11. THE EFFORT ALWAYS MATTERS ,. . or< W1 EITY DF DELIAY BEA£H DELRA Y BEACH ~~A":. 100 N.W. 1st AVENUE DELRA Y BEACH, FLORIDA 33444 3051243-7000 iijjr PROCLAMA TION 1993 WHEREAS, Officer E. Aronowitz, Officer D. Cummings, Officer J. Evans, Officer J. Horrell, Officer J. Milenkovic, Officer T. Mitchell, Officer E. Robinson, and Officer J. Sims have become an intrinsic element in the redevelòpment of the West Atlantic Avenue Business Corridor; and, WHEREAS, the West Atlantic Avenue Foot Patrol has organized and participated in the improvement of the following propert ies : Mario's Market, Sam's Market, the One Stop gas station, businesses in the 700 block of West Atlantic Avenue, and businesses in the 600 block of West Atlantic Avenue; and, WHEREAS, the West Atlantic Avenue Foot Patrol has organized narcotics enforcement, developed methods of enforcement to fulfill the needs of the community, worked closely with the residents and merchants to improve their quality of life, and diligently worked to ensure the businesses have an environment that is conducive to conducting and building their livelihoods; and, WHEREAS, the members of the West Atlantic Avenue Foot Patrol have distinguished themselves as professional, dedicated employees of the City of Delray Beach. NOW, THEREFORE, I, Thomas E. Lynch, Mayor of the City . of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim OFFICER E. ARONOWITZ OFFICER J. MILENKOVIC OFFICER D. CUMMINGS OFFICER T. MITCHELL OFFICER J. EVANS OFFICER E. ROBINSON OFFICER J. HORRELL OFFICER J. SIMS OUTSTANDING CITIZENS AND REPRESENTATIVES , OF THE CITY OF DELRAY BEACH and offer congratulations on a job well done! 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 5th day of September, 1995. THOMAS E. LYNCH, MAYOR SEA L 6.8. THE EFFORT ALWAYS MATTERS OK . tH ~E,lRoAY. B~A~t-! Delray Beach Police Department ...... AlI·America City 300 West Atlantic Avenue · Delray Beach, Florida 33444-3695 " III! (407) 243-7888 Fax (407) 243-7816 RECEIVED 1993 MEMORANDUM AUG 3 1 1995 CITY Mft~·· --"':' nr=FICE TO: David T. Harden, City Manager FROM: Richard G. Ovennan, Chief of Police DATE: August 31, 1995 SUBJECT: :REOUEST FOR P~~TION Please review the attached draft of a proclamation recogni7.ing the efforts of our West Atlantic A venue foot patrol. I have already checked with the Clerk's Office, and I am told that this could be included on the agenda for the 09/05/95 City Commission meeting. I am forwarding a copy of this draft proclamation to Allison for inclusion under the assumption that it meets with your approval. If there are any problems, please contact Allison directly. ppt Attachments . ~ .... '....-. DELRAY BEACH POLICE DEPARTMENT MEMORANDUM TO: Major Richard M. Lincoln Field Operations Bureau FROM: Captain Joseph L. Schroeder Patrol Division Commander DATE: August 29, 1995 SUBJECT: REQUEST FOR RECOGNITION-WEST ATLANTIC AVENUE WALKING BEAT ------------------------------------------------------------------- ------------------------------------------------------------------- I have reviewed the attached memo from Lieutenant McCollom concerning a request for a city proclamation. In discussing this matter with Lieutenant McCollom, he indicated that since the efforts of the beat officers positively impacted the entire city that recognition should come from the city. The West Atlantic Avenue Walking Beat has done a tremendous job and I wholeheartedly support Lieutenant McCollom's request for a city proclamation recognizing their efforts. JLS/gb Attachment ~, .L ~~ Þ/åL- Zk ~~ ~.¿f ¿ ~ ~ ..-e.. tvd¿ ~ / , . +- :.:dL ~ Ckk 'I¡tA-<-/ . ~....~~ , ¡fJ14L.- a/3d . . . - .. DELRAY BEACH POLICE DEPARTMENT MEMORANDUM To: Captain Joseph L. Schroeder Patrol Division Commander From: Lieutenant William McCollom W Special Operations Section Date: August 25, 1995 Subject: REQUEST FOR CITY PROCLAMATION --------------------------------------------------------------------- --------------------------------------------------------------------- As you know the West Atlantic Foot Patrol Officers have worked diligently this summer to esthetically improve their assigned area. In addition, they have organized the businesses, merchant organizations, and other local interests in becoming involved in the West Atlantic Area. These eight officers have proven their dedication to the City of Delray Beach and should receive recognition for their efforts. I am asking the Department to consider soliciting a City Proclamation for these officers. Your consideration and support for this request is greatly appreciated. wm. attachment: Proposed proclamation ., , . .. ". . . PROCLAMATION WHEREAS, Officer E. Aronowitz, Officer D. Cummings, Officer J. Evans, Officer J. Horrell, Officer J. J\WenkO~ T. Mitchell, Officer E. Robinson, and Officer J. Sims have becomeA IntrinsIc e redevelopment of the West Atlantic Avenue Business Corridor; and, ~ ¡III WHEREAS, the West Atlantic venue Foot Patrol has organized and participated in the improvement of the following properties: Mario's Market, Sam's Market, the One Stop gas station, businesses in the 700 block of West Atlantic Avenue, and businesses in the 600 block of West Atlantic Avenue; and, WHEREAS, the West Atlantic Avenue Foot Patrol has organized narcotics enforcement, developed methods of enforcement to fulfill the needs of the community, worked closely with the residents and merchants to improve their quality of life, and diligently worked to ensure the businesses have an environment that is conducive to conducting and building their business; and, WHEREAS, the West Atlantic Avenue Foot Patrol has distinguished themselves as professional, dedicated employees of the City of Delray Beach; ~_ ~. NOW, THEREFORE, I, ThomasALynch, Mayor of the City of Delray Beach, ~dO hereby proclaim ~ "OFFICER E. ARONOWITZ, OFFICER D. CUMMINGS, OFFICER J. EVANS, ~~. OFFICER J. HORRELL, OFFICER J. MILENKOVlC, OFFICER T. MITCHELL, ob 6i6f\ , r OFFICER E. ROBINSON, AND OFFICER J. SIMS ~ï' OUTSTANDING CITIZENS AND REPRESENTATIVES OF THE CITY OF DELRAY BEACH" and offer congratulations on a job well done! O/~'CJ'ff I IN WITNESS WHEREOF, I have hereunto set my hand and caused the/Seal of the City of Delray Beach, Florida, to be affixed this ,Sfh day of &¥~ÍJv> , 1995. Mayor ThomasyLynch S S~~ " - . DELRA Y BEACH OCEAN RESCUE TO: Beach Supervisor - Richard Connell FROM: Team Captain - Lance Seiler SUBJECT: .U.S.L.A. National championships at Santa Cruz DATE: August 21, 1995 Delray Ocean Rescue Competitions Team attended the V.S.L.A National Championships at Santa Cruz, California August 10, 11, 12, 1995. Over 500 lifeguards fÌom more than 20 agencies competed in the two day championships in 58 degree water temperatures. Our team effort was outstanding as we achieved a 10th place team finish (the best in Delray's Competition teams career) and secured four medals. The team members Lance Seiler, AJ. Defilippis, Stan Cale, Pat Daymon, Scott Mundell, Emerson Timmins and Aaron Sarlo entered 8 of the 12 sanctioned events and advanced to the finals of everyone. Following is a list of results: 1. Surf Swim Scott Mundell (1st in heats) (3rd Bronze in finals) Aaron Sarlo (7th in heats) 2. Surf Rescue Pat Daymon, Aaron Sarlo (lOth in finals) 3. Rescue Board AJ. Defilippis (8th in finals) Emerson Timmins (11th in finals) 4. Inter Ironwoman Pat Daymon (3rd Bronze in finals) 5. Surf Ski Pat Daymon (6th in finals) 6. Land Line Rescue (2nd Silver in finals) Lance Seiler, Stan Cale, Pat Daymon, Scott Mundell 7. Rescue Board (4th in finals) mixed team - AJ. Defilippis and Griff Hutton (10th in finals) mixed team - Emerson Timmins, Aaron Sarlo 8. Host Event 5 x 400 meter Paddle relay - Pat Daymon, AJ. Defilippis, Emerson Timmins. Ex Delray Guest - (Wade Rickerson, Deerfield Beach, Beth Westgate, Cal State) mixed team We wish to thank and recognize everyone involved in the effort to send the Delray Competition Team to the D.S.L.A National Championships, including Joe Weldon, Joe Dragon and Dave Harden, also Dr. Audre Fladell for his generosity in helping with contributions for equipment needs. S' cc: City Manager - David Harden Director of Parks and Recreation - Joe Weldon Assistant Director of Parks and Recretion - Joe Dragon RECEIVED t~UG 2 3 1995 I. fl. · Agenda Item No.: AGENDA REQUEST Date: August 24. 1995 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: September 5. 1995 Description of agenda item (who, what, where, how much) : Request approval for presentation on results of D.S.L.A. National Championships at Santa Cruz by the Delrav Ocean Rescue Competitions Team held on August 10 - 12. 1995. ORDINANCE/ RESOLUTION REQUIRED: YES@ Draft Attached: YES/NO Recommendation: Approval. Department Head Signature: Determination of Consistency Çomprehensive 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 t~1 Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved . oK. fJfi [IT' DF DELRA' IEA[H DEL RAY BEACH f LOll I f) A tIa.d 100 N,W, 1st AVENUE· DELRAY BEACH, FLORIDA 33444 . 407/243-7000 All-America City , IIII!TO: MEMORANDUM David T. Harden, City Manager 1993 ~bert A. FROM: Barcinski, Assistant City Manager SUBJECT: AGENDA ITEM f g /I CITY COMMISSION MEETING 9/5/95 APPROVAL AGREEMENT FOR LOBBYING SERVICES DATE: August 31, 1995 ACTION City Commission is requested to approve the ' , Agreement for Lobbying Services" for FY '96 (October 1, 1995 - September 30, 1996) with Kathleen Daley and Associates, rnc. , in the amount of $48,000. Funding is available in the FY '96 budget in account number 001-1111-511-34.90. BACKGROUND The only change in the proposed Agreement from last fiscal year is a cost reduction of $4,500. The monthly fee of $4,000 remains the same as it has been the last two fiscal years. Ms. Daley is removing the charge for reimbursab1es in the proposed contract. Due to the fact that reimburseables are not being charged, Paragraph 3(iii) should be amended to remove all wording after "$48,000 " per the City Attorney. RECOMMENDATION Approve the proposed " Agreement for Lobbying Services' , with Kathleen Daley and Associates, rnc. , as amended, in the amount of $48,000 with funding to come from FY '96 budget account number 001-1111-511-34.90. RAB:kwg ~ CíJ1 ~/~~ File:i:grahamkw c/o æ¡~~ efLu/~~ ~ Doc.:96Daley.Con ~DAv-¡~~~ @ Printed on Recycled Paper THE EFFORT ALWAYS MATTERS . L~( 7f· il{ , Kathleen E. Daley {"A 1 & Associates, Inc. GOVERNMENTAl ~ AFFAIRS June 23, 1995 RECEIV Mr. Bob Barcinski ED 100 N.W. 1st Ave AUG 29 199c Delray Beach, FL 33444 ,. .J . CITYMI..··--~'"' Re: Kathleen Daley's contract for serv~ces , nr:rlCE Dear Mr. Barcinski, Enclosed, for review, is Kathleen Daley's 1995-1996 contract for consultant/lobbying services. I apologize for the delay in mailing it to you. Kathy has been out of town and she needed to make some revisions before sending it. If you have any questions, or need anything else, please call. j:¡;;~ ' Jennifer English Enclosure One Capitol Place · 108 East Jefferson Street, Suite C . Tallahassee, FL 32301 , . (904) 222-0000 · Fax: (904) 222-0095 , G,¡ Z· (- " Kathleen E. Daley & Associates, Inc. GC)V¡'RNMENTAL AFFAIRS . . ,. AGREEMENT FOR LOBBYING SERVICES As Governmental Affairs Consultant/Lobbyist for the City of Delray Beach, I, Kathleen Daley, an equal partner of Kathleen Daley & Associates, Inc. , a public relations/political consulting/governmental affairs firm, will continue to represent the interest of the City before the Governor and Cabinet, State agencies, and the Florida Legislature, which representation would include attendance at all necessary House and Senate committee meetings during each calendar year, necessary delegation meetings, as well as the regular session and any relevant special sessions of the Florida Legislature, and continue to monitor all legislation affecting municipalities on behalf of the City of Delray Beach. As Governmental Affairs Consultant/Lobbyist for the City of Delray Beach, and managing partner of the account, working in conjunction with the Delray Beach City Council, the Pelray Beach City manager, and other such staff persons within the City Administration as they are related to my duties on behalf of the City. I will make myself available to the above-mentioned persons and offices on both regular and "as needed" bases for the meetings and discussions related to my duties on b~half of the City. It is submitted that my services would be initially contracte~ for a period of one ( 1 ) year from October 1, 1995 to October 1, 1996, to be reviewed for renewal by the Commission at 1 One Capitol Place . 108 East Jefferson Street, Suite C · Tallahassee, FL 32301 (904) 222-0000 . Fax: (904) 222-0095 .., · the end of said period. , Kathleen Daley & Associates, Inc. is willing to undertake the foregoing representation on the following basis: 1. Kathleen Daley & Associates, Inc. will be paid a retainer in the total amount of $48,000.00 for the contracted period due in twelve (12) equal monthly installments payable by the 30th of each month beginning in October of 1994. 2. Any additional "special project" work which may be requested at any time by the City Commission or the Office of the City Manager, and which falls outside of my realm of duty as Governmental Affairs Consultant/Lobbyist for the City, will be contracted for separately and on a special project bases. 3. Either the City of Delray Beach or Kathleen Daley & Associates, Inc. , may terminate this agreement at any time, pursuant to the following: (i) If terminated by the City Delray Beach at any time during the contracted period, for other than good cause, Kathleen Daley & Associates, Inc. will retain the total amount of $48,000.00, plus Kathleen Daley & Associates, Inc. will be reimbursed by the City for any vouchered out-of-pocket expenses incurred up to the date of termination subject to the provisions of paragraph two ( 2 ) of this Agreement. (ii) If terminated by the City of Delray Beach at any time during the contracted period, for' good cause, Kathleen Daley & Associates, Inc. will retain a pro-rated to-date portion of the total amount of $48,000.00, plus an amount equaling the total of , . 2 " , . . any out-of-pocket expenses incurred up to the date of termination subject to the provisions of paragraph two ( 2 ) of this Agreement. Good cause shall include but not be limited to the arrest of any of the principals of Kathleen Daley & Associates, Inc. and/or conduct by any of the principals of Kathleen Daley & Associates, Inc. which may subject the City of Delray or Kathleen Daley & Associates, Inc. to negative publicity which would hamper the effectiveneEl~ of Kathleen Daley & Associates, Inc. in fulfilling their obligations under thi~ agreement. (iii) If terminated by Kathleen Daley & Associates, Inc. at any time during the contracted period, Kathleen Daley & Associates, Inc. will retain a pro-rated to-date portion of the total amount of $48,000.00, plus an amount equaling the total of any out- of-pocket expenses incurred up to the date of termination subject to the provisiops of Paragraph Two ( 2 ) of this Agreement. 4. This Agreement shall be executed as an original and three counterparts. WITNESSES: KATHLEEN DALEY & ASSOCIATES, INC. * KATHLEEN E. DALEY ATTEST: CITY OF DELRAY BEACH, FLORIDA * City Clerk Mayor 3 .. · " Approved as to Form: City Attorney 4 ,,' · MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER tçt1 SUBJECT: AGENDA ITEM # 'gß - MEETING OF SEPTEMBER 5, 1995 LANDSCAPE WAIVER REOUEST/BLOCK 85 REDEVELOPMENT DATE: SEPTEMBER 1, 1995 This is before the Commission to approve a waiver of LDR Section 4.6.16 (H) (3) (k) requiring a minimum five foot landscape strip between abutting parking tiers in the Block 85 Redevelopment project proposed at the southeast corner of East Atlantic Avenue and S.E. 2nd Avenue. The property is located in the CBD (Central Business District) and consists of the Barwick Building (formerly Ken and Hazel's) and the adjacent retail structures, as well as the vacant structure (formerly Anna's Attic) and parcels to the south. The proposed development consists of conversion of the existing buildings and additional structures to a mixed-use project (retail, restaurant, office, and residential). Phase I includes demolition of a portion of the existing buildings, conversion of a portion, construction of building additions, construction of a parking area, addition of a dumpster enclosure, and landscape modifications. The site plan also shows relocation of the old FEC railroad station to the site. I understand from Bob Cullen, however, that the Block 85 Corporation now does not want the station anywhere in Phase I. They did offer a possible site in Phase II on S.E. 1st Avenue, but that site is unacceptable to the Historic Society. Bob Cullen has told me they now propose to move the FEC station to a location on the Ocean City Lumber property on the railroad north of Atlantic Avenue. A waiver is requested for a three foot landscape buffer in the parking area instead of the minimum five foot width required. The Site Plan Review and Appearance Board considered this item at its meeting of August 23, 1995, and voted unanimously to approve, with conditions, the site plan, landscape plan, and elevations for Block 85 Redevelopment, and to recommend approval of a waiver request. Recommend approval of the Landscape Waiver to LDR Section 4.6.16(H) (3) (k) to reduce the width of a required five foot landscape area to three feet for Block 85 Redevelopment, based on positive findings with respect to LDR Section 2.4.7(B) (5). ~O/}~ oR.. W1 CITY COMMISSION DOCUMENTATION TO: Dœ:~NAGER THRU: DIA DOMINGUE. IRECT~ ¿p~~~~e~OF P~~O ~ FROM: JEFF PERZLANNER SUBJECT: MEETING OF SEPTEMBER 6, 1995 ***CONSENT AGENDA*** LANDSCAPE WAIVER FOR BLOCK 85 REDEVELOPMENT ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is approval of a waiver of LDR Section 4.6.16(H)(3)(k), requiring a minimum 5 foot landscape strip between abutting parking tiers. The subject property is the Block 85 Redevelopment project, proposed at the southeast corner of E. Atlantic Avenue and SE 2nd Avenue. BACKGROUND AND PROJECT DESCRIPTION: The site consists of the Barwick Building (formerly Ken and Hazel's) and the adjacent retail structures, as well as the vacant structure (formerly Anna's Attic) and parcels to the south. The subject property is located in the CBD (Central Business District) zoning district. The land and existing structures were acquired by the CRA in 1994 and offered as a redevelopment project. The property has been purchased by a developer who has submitted for site plan approval. The proposed development consists of the conversion of the existing buildings and additional structures to a mixed-use (retail, restaurant, office, and residential) project. The proposal consists of two phases. Phase I includes the demolition of 914 square feet of existing commercial buildings to accommodate a breezeway leading to a rear courtyard area, conversion of 832 square feet of retail structure and a 1,486 square foot building addition to restaurant use, demolition of 396 square feet of the Ken and Hazel's building and a 946 square feet addition of to the same structure, construction of 29 parking spaces relocation of the old FEC railroad station to the site, addition of a dumpster enclosure; and landscape modifications. Phase II consists of the addition of a four story office and residential structure, with parking, dumpster enclosure, and landscape additions. A landscape waiver is required for a landscape buffer in the parking area that does not meet the required minimum 5' width (see attachment for location). The buffer is 3' in width, however the last 2' of the adjacent parking space in provided in landscaping. Thus a total width of 5' is provided, although 2' cannot be counted as a part of the required width. City Commission Documentation Landscape Waiver - Block 85 Redevelopment Page 2 REQUIRED FINDINGS: Per LOR Section 2.4.7(B)(5), the body approving a waiver must make findings that granting 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 City Commission can make the required findings, pursuant to the following: a) The proposed waiver affect a requirement at the interior of the parking lot and thus has no effect on adjacent properties.. b&c) The waivers affect aesthetic issues only and will not have an impact on public facilities or public safety. d) The proposed landscape area physically meets the minimum five foot width, however two feet of the five feet provided is an overhang for the adjacent parking space. Waivers of this type have been commonly granted to accommodate unique site characteristics. The applicant would be granted no special privilege or advantage from the waiver that is not available to any other property owner in similar circumstances. SPRAB CONSIDERATION: SPRAB considered this item at its meeting of August 23, 1995. The Board unanimously voted to approve, with conditions the site plan, landscape plan, and elevations for Block 85 Redevelopment and to recommend approval of a waiver to LOR Section 4.6.16(H)(3)(k). RECOMMENDED ACTION: By motion, approve a Landscape Waiver to LOR Section 4.6.16(H)(3)(k), to reduce the width of a required five foot landscape area to 3 feet for Block 85 Redevelopment, based on positive findings with respect to LOR Section 2.4.7(B)(5). Attachments: 0 Location Map 0 Landscape Plan 0 Waiver Request Letter o I BLVD. ¡¡ ¡ T r-1~f-1~E. ,~LJD t=1 ¡ 2N~ ~ II I S~~ J e >- Iii ,. _ ..-- f-~ ~ Ñ -~ - I- P -1---0 0- Z z_ >- < ~:J :J Q: <- 1---0 O- f- _ - I--- CD CD . r'I < f-- ~ ~- >- ~ CITY ~ ,--:J œ:1- I--- 0 0 t-- HALL I<J' '-- (J) Z I- ~ W ~ i 11 := ~ - ::J N.r: ......... 1 -- ~ z I ,-- Sþ-- ,-- . J: I--- I-- W ¡.j.... t-- I--- :> ..,. 1...- > ~ -- COMMUNITY OLD _ å _ I-- å- CENTER <C 0 Z I--- Z_ SCHOOL ~ >-= >= - SQUARE ~J I - f-- I - SM am ·arrrrfDðuJmrrm~~~= ATLANTIC AVENUE rn - II;!; - ~- - I-- _ « w -w- ?;-ml - -~ -~= - j -- - ~ - S,E. 1ST ST ~ III III ITIIJ] ~Ij¡~ I BUD2-I~ f- f-- . Lf) C!)- « t-- 1---. '-- f--- r-- i--- '-- f-- 1---:;: - f--- f-- :::::: I--- _ f--- r-- i--- o - f--- . .r-- z . w W I-- NDJII]~ I I - I-- vi vi:= t-- J I '-- r-- l- f--- '--- L-- '-- I--- II - ~II om~ ~ - I--- ~ I I') ..,. t---:-- I--- f-- I~ I ~ I--- 4J r-- I--- '-- f- - I--- r-- I-- . I--- - I-- f- r--- I--- f-- I--- ~ - ~ f--- I-- f-- f--- - f-- f-- VI ~~ J, < f-- f--- - l- N - BLOCK 85 PLANNING DEPARTMENT aTY OF OELRA Y BEACH, fL -- OIClTAL BASE MAP SYST£AI -- · i I i i I ill t ¡I ~I ! ~ '" -V~ I TV ?V C \'\"'\ -0 h 0 \j (j\ ~ ~ D (~ :¡> - < C ---- \"\ (ù 1- ::t> "2: 0 tA (} ~ '\:) Ï'\ V ì ~ è tè I I ~T rot ~I "'I ~I ~I I I i I i ¡ i - . BLOCK 85 CORP. 10081 PINES BLVD. SUITE E -PEMBROKE PINES, FLORIDA 33024 August 15, 1995 Mr. Jeff Perkins Senior Planner City of Delray Beach 100 N.W. 1st Avenue Delray Beach , Florida Re: Block 85 Redevelopment Dear Mr. Perkins: In response to your letter dated August 10, 1995 to Edward Gallagher, the applicant for Block 85 Corp., let this letter serve as our request for a landscape waiver required to allow the 3' landscape area adjacent to the southernmost parking space in the center of the Phase I parking lot. We feel that this is a very minor modification and is made necessary due to the overall constraints of the site. Please let me know if you need any additional information or have any questions. Regards, ct~ þ1( J- JI\--- A. Grant Thornbrough, ASLA V.P., Block 85 Corp. ðl{ ~ CITY COMMISSION DOCUMENTATION TO: T.H~RDE~NAGER THRU: o E, IRE~~ ENTOF. p~~NG _ FROM: KI S, PLANNER SUBJECT: MEETING OF SEPTEMBER 5,1995 ***CONSENT AGENDA*** APPROVAL OF AN INSTALLMENT AGREEMENT FOR AN $18.000 FEE. IN-LIEU OF THREE REQUIRED PARKING SPACES FOR THE NORTHERN TRUST. ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is approval of a payment agreement for an $18,000 fee in-lieu of providing 3 required parking spaces for the Northern Trust Bank, pursuant to LOR Section 4.6.9(E)(3)(d). BACKGROUND: At its meeting of April 18, 1995, the Commission approved acceptance of a payment of an $18,000 fee, in-lieu of three required parking spaces for the Northern Trust Bank. Pursuant to LOR Section 4.6.9(E)(3)(d), payment of the in-lieu fee can be made in 10 payments over a nine year period. The applicant has submitted an installment agreement for payment of the $18,000 to the City in 10 payments over a nine year period. The City Attorney's office has reviewed the agreement and approved it as to legal form and sufficiency. RECOMMENDED ACTION: By motion, approve, the proposed installment agreement for payment of the $18,000 in-lieu fee for the Northern Trust Bank. Attachment: o Installment Agreement ~6n C~ Zl. C!- . " AUG-30-95 WED 17:04 SHUTTS AND BOWEN F AX NO. 407+835+8500 p, 04 " IN-LIEU O£,.".l'ARKING F~E AGREEMENT __0.. _<I This Agree;ncnt (the !lAqre~m.£nt") is made as of 'the .:¿ I day of .- , 1995, by and between THE CITY OF DELRl\Y BEACH, FLO .DA, a municipal corporation of the State of Florida (the "~"), and PATIO PARTNERS, INC. , a Florida corporation ( "Pat~ Part.n.ers") . B.(\CKGROUND: 1. Patj 0 Partners is the owner of certain real pt'operty located at 714 East Atlantic Avenue, Delray Beach, Florida (the lIF"roperty" ) . II. Patio PartneI:s has applied to the City for approval to construct a commercial building on the Property. I II. As a condition to approval of construction of the building on th8 Property, Patio Partners must prov.ï.de certain pa~klng as required under the Land Development Regulations of the City. Section 4.6.9(E)(3) of the Land Development Regulations further provides that the City Commission may approve the payment of a fee to the City in-lieu of providing required parking. IV. Patio Partners has requested that the City Commission approve the payment of a fee to the City in lieu of providing three ( 3 ) of the required parking spaçes for the development of the Proporty and the City Commission has approved this request. v. Section 4.6.9(E)(3} of the Land Development Regulations further provides that the in-lieu of parking fee shall be $6,000.00 per parking space and may be paid in installments. VI. Patio Partners has elected to pay the in-lieu of p~rklng fee in installments pursuant to Section 4.6.9(E)(3) (d) of the Land Development Regulations. VII. The parties desire to enter into this Agreement in order to confirm the torms on which the in-lieu of parking fee shall be paid by Patio Partners to the City. NOW, THEREFORE, in çonsideration of the foregoing, the mutual co'Oenants and conditions contained in this Agreement, and other good and valuable considerations, the receipt and sufficiency of which are horeby acknowledged, the parties hereto, intending to be legally bound, hereby agree as follows: 1. IncorpoFation of Recitals. The parties hereby represent and warranl th;¡l the foregoing recitals are accurate and correct and hereby incorporate them in this Agreement. AUG-30-95 WED 17:05 SHUTTS AND BOWEN FAX NO. 407+835+8500 P.05 2. In-Lieu__P'?rkinq. The City hereby confjrms, that, pursuant to Section 4.6.9(E){3) of the Land DeveJopment Rcgulat1ons, it h~s . ~pproved thp payment of the fees described in this' Agreement 1n- lieu of providinq three (3) of the required number of parking spd~e5 for the development of the Property. 3. In-Li..en of Parkin~ Fee. Patio Partners shall pay to the c J. t.y a totaí-Ti1''':l ieu of parkIng fee of $18 I 000.00 ($6,000.00 per parking space). The total fee shall be paid as follows: (a) $1,800.00 by check àelivered to the City upon execution of thjs Agreement by the City. (~) Three (3) payments of $1,800.00 each to be due on the first, second, and third anniversary of the date on which this Agreement is ex~cuted on behalf of the City. (c) Six (6) payments of principùl and interest at the rate of five (5%) percent per annum, simple interest, in the amount of $2,127.29 each, to be due on tho fourth, fifth, sixth, seventh, eighth, and ninth anniversaries of the date cn which this Agreement is executed on behalf of the City. (d) Each payment shall be made to: finance Department City of Delray Beach 100 N.W. 1st Avenue DelrQY Beach, rlorida 33444 4. Default. In the event Patio Partners fails to make a payment by the date required, the City shall provide written notice by certified mail, return receipt requested to Patio Partners at clo Love Realty, P.O. Sox 28, Gedney Station, White Plains, New York 10605, or at such other address as may be designated by Patio Partners by written notice to the City, requesting the past due payment to be made no later than thirty (30) days from the date the notice is reccÜved. Failure of Patio Pa.rtners to remi t payment within this thirty (30) day period shGll be deemed a breach of this Agree~ent. The City shall the~eby be e~titled to accelerate the L'emaining payments and tile suit in a court of law seeking all payments duo, interest, costs, and attorneys' fe~~, 5. Binding Effect. All of the terms and provisions of this Agreement shall be binding upon, inure to the bonefit of, and be enforceable by, the parties to this Agreement and their respective successors, legal representatives, and assigns. 6. EntJre Agreemont. This Agreement sha 11 const! tu te the entire agreement of the parties with respect to the s\Jbject matter of this Agreement, All prior understandings and agreements between the parties with respect to slich ma.tters are merged int.o this -2- AUG-30-95 WED 17:05 SHUTTS AND BOWEN F AX NO. 407+835+8500 P. 06 ",' Agreement, which alo/18 fully "ad compl.etely Gxpresses thejr understanding. , ' 7. Amnndments. This Agreement may not be awended, modified, ;:¡lten~d, orchangÒd in any respect, except by a furth~r agreement in writing duly executed by each af the parties to this Agreement. IN W1TNESS WHEREOF, the parties to the Agreement have caused thjs Agreement to bo duly executed on their behalf as of the dates set forth below. WITNESSES: ~. ::~y~y BEACH, FLORlDA_ ýJa~ Z- _~. ~CitY Clerk Thom E.~ ^pproved as to form and legal Date Executed:_ %~/¡l9~_____ SU~L .1 '-r- _ I ,'- ~¡~Y,A~torne1 -- J:;."..::::...:..L ,r, '7 ¡L ,:"., '---- ~" -'-- "/ . ~-.t ït. ".' i-J:z,~,_'I_L ~~/~,>.:/./ '( PrJ)~t or typ~ nary'e) / ' -'0" C / ~/':'/.; '~/ . /./.~., &~ ,-' '-" ~_. /;/., .' /), ::J .. } l' /..(,,-,<. J ' ¿-. --'C //, I~} I Print or type name) " -.)- _.w' , AUG-30-95 WED 17:06 SHUTTS AND BOWEN FAX NO, 407+835+8500 p, 07 ".1 STATE Of ~(f,q J ' , COUNTY OF ~~,...":".,;;~c"-) » The for~'1. ·n.t~mont was "Okn"W1edg~O _ ~ O~._ ---. 1995 by Jókf/.~ _ _ kL¿_~- ,.(.. . of PA'l'IO PARTNERS, INC.. a p. or da corpol: ticn, n behal of the corpora~. lIe/S ~ s personally known to me or hùs produced I .'IJ¿i!1-... . 1_ as identification and who did (did not) take an oath. NOT 1(~ ((...,"'... Typed or Printed Ñame of Notary l1y commission eXFires: t>/.J-/1>." Søri<Ü No., if ¿my: Kfl.REN Wil.l.1.~MS , Nola!)' PlJbljc. Str..!e DI NS"N 'forti NI), 0'J.4959!nO a~amìed ~n 8(OOK County ~ Coo'unÎ&iion ~p"fI\I 09cembtr 18, 1Ii.. W"STPI\LM 7170G,2· MCG . . -4- . - ...-..,. , ; MEMORANDUM TO: David T. Harden, City Manager FROM: Douglas G. Randolph, Training and Development Manager \) .R. ~ THRU: Edward J. Gusty, Director of Human Resources, . DATE: August 30, 1995 SUBJECT: REQUEST CITY COMMISSION APPROVAL TO RENEW THE TRAINING AGREEMENT BETWEEN THE SCHOOL DISTRICT OF PALM BEACH COUNTY AND THE CITY OF DELRA Y BEACH Our annual agreement needs to be renewed for the period July 1, 1995 thru June 30, 1996. As you are aware, this agreement allows the City to continue to provide high quality educational training including computer software training to our employees at an extremely low cost. All training costs remain unchanged from last years rates. Susan Ruby has reviewed the agreement and finds it sufficient as to legal sufficiency and form. Upon your approval, please place this item for Commission approval on the September 5, 1995 Commission meeting agenda. attachments: doc/school g.D. "- Agenda Item No.: AGENDA REQUEST Date: August 30. 1995 Request to be placed on: X Regular Agenda (CONSENT) Special Agenda Workshop Agenda When: Sevtember 5. 1995 Description of item (who, what, where, how much): Request City Commission a roval to renew the Training Agreement between the School District of Palm Beach County and the City of Delrav Beach or the period July 1, 1 thru June (Example: ". Request from Atlantic High School for $2,000 to fund project graduation). ORDINAHCE/ RESOLUTION REQUIRED: YES@) Draft Attached: YES/NO Recommendation: Approval (Example: Recommend approval vents Account No. 001-3333-555-44.55). Department Head Signature: .l City Attorney Review/ Recommendat'o (if applicable): The City Attorney has reviewed~nd approved the material. . " Budget Director Review (required on all ite.s involving expenditure of funds): Funding available: YES/ NO Funding alternatives: (if applicable) Account No. & Description: Account Balance: Various Department Bud~ets City Manager Review: Approved for agenda: és/ NO IlL I Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved £IT' DF DELHA' BEA[H CITY ATTORNEY'S OFFICE 20U NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444 FACS¡W1.E 40712784755 Writer's Direct Line: (407) 243-7091 DELRA Y BEACH F lOR I D A b*d AII·America City MEMORANDUM " III! DATE: August 29, 1995 1993 TO: Doug Randolph, Training and Development Manager FROM: Susan A. Ruby, City Attorney SUBJECT: School Board Agreement / Vocational Training Programs I have reviewed the agreement between the School District of Palm Beach County and the City of Delray Beach for Vocational Education Programs and find it sufficient as to legal sufficiency and form. school. sar ® Pnnted ('n Rfy:ycled Par~er . , .. COpy " AGREEMENT BETWEEN THE SCHOOL DISTRICT OF PALM BEACH COUNTY AND CITY OF DELRAY BEACH FOR VOCATIONAL EDUCATION PROGRAMS This agreement is ent~r~d into between the City of Delray Beach hereinafter referred to as the .. AGENCY" , and The School District of Palm Beach County hereinafter referred to as the "PROVIDER" which are the parties hereto. For and in consideration of the mutual covenants contained herein, the sufficiency of which the parties acknowledge, the parties to this agreement agree as follows: I. SCODe of 'Services The PROVIDER will provide vocational education programs for students of the AGENCY. II. The PROVIDER Aqrees to: A. Provide a liaison for all vocational education activities between the PROVIDER and the AGENCY. B. Provide qualified and certified vocational instructors for each course. Addendum B is hereby incorporated as part of the agreement. 1. Whenever possible provide a qualified substitute instructor in the case of absence of the regularly assigned vocational instructor. 2. Require instructors to assume instructional responsibility for students in their classeE. C. Share the achievement records of the assigned students in the courses with the AGENCY. D. Provide and prepare an instructional schedule for 1;eachers and students which will conform to the needs of both the PROVIDER and the AGENCY. E. Not discriminate against any students or employees because of race, color, religion, sex, national origin, marital status, age, ancestry, sexual orientation, or disability. F. Submit any vocational education reports as required by the Florida Department of Education. IIr. The AGENCY Aqrees to: A. Provide a liaison to coordinate and supervise vocational education activities between the PROVIDER and the AGENCY. B. Provide the minimum number of eligible students, with input from the PROVIDER, to achieve and maintain the required membership for each course. , , " C. Review the continued eligibility of selected students for participation in the vocational education programs with input from the PROVIDER. D. Provide agency orientation for the PROVIDER'S vocational instructional staff. E. Provide proper and adequate facilities and standard utilities including water, lights, phones, heating, and air conditioning for all classes. F. Provide needed A/V equipment, copier services, student materials, consumables, laboratory materials, and textbooks as requested by the PROVIDER. G. Provide janitorial and maintenance services for all AGENCY based classroom and shop/lab facilities. H. Provide staff and support services for timely, appropriate and adequate screening, counseling, and follow-up services to students. I. When applicable, provide and maintain clerical support for the full-time vocational education program staff. J. Provide any vocational education reports needed by the PROVIDER and as required by law. K. All asbestos and lead work must be completed in accordance with the findings and recommendations of the School District's Environmental Audit and with all applicable federal, state and local regulations. In addition, the School District must be notified prior to the start of any such work and reserves the right to retest the areas in question to confirm proper environmental cleaning procedures were used. IV. Both Parties Aqree That: A. Responsibility for day-to-day coordination and supervision of the vocational education program shall be vested in the AGENCY'S liaison of education. B. The AGENCY'S liaison of education may participate with the PROVIDER in recommending instructional personnel. C. Through their designated representatives, both parties shall collaborate in the development of policies and operational procedures for the efficient management and opera~ion of the vocational education programs, in accordance with the PROVIDER contracts for PROVIDER personnel. D. The performance of obligations hereunder shall be in accordance with all applicable laws, rules, and regulations now or hereinafter in effect. E. This agreement will be governed and construed in accordance with the laws of the State of Florida. F. No amendment to this agreement shall be valid or enforceable unless submitted in writing and executed by duly authorized representatives of both parties executing and entering into this agreement. G. If either party terminates for convenience herein, they shall not be liable for breach of contract, loss profits, or other such damages consequential or inconsequential. -2- c- . ~ - Ar":~ved ~ ~Vvz__ ~~ __,_, 1"____.. . , H. Both PROVIDER and AGENCY are subdi visions of the State. Notwithstanding anything to the contrary contained herein, the total liability of PROVIDER and AGENCY under this agreement for negligent acts or omissions of PROVIDER or AGENCY, their agents and employees shall be subject to the limitations and procedures set forth in Section 768.28, Florida Statutes. Doug Randolph/Frank Ryncarz (Fire) is designated AGENCY liaison of education and is responsible for enforcing performance of this agreement's terms and conditions and shall serve as a liaison with the specialist of the PROVIDER, and shall approve all invoices prior to payment. The AGENCY liaison of education will also be required to meet with the PROVIDER at least once during the agreement period to review the services rendered. This agreement shall be effective Julv 1. 1995 , and shall remain in effect through June 30. 1996 . Should one party fail to conform to all material conditions provided herein, the other party may, at its optio~, cancel this agreement upon 30 days written notice. Dated this day of , 19 CITY OF DELRAY BEACH Agency The School District of Palm Beach County, Florida By By Agency Administrator Jody Gleason, Chairman (SEAL) Attest Attest C. Monica Uhlhorn Superintendent APprovedS:>~~ School District Attorney -3- ". Addendum B SCHOOL DISTRICT SUPPLIED INSTRUCTION PART-TIME PROGRAMS AGENCIES requiring a School District instructor to provide classroom training will agree to: 1. Provide matriculation fees to the PROVIDER as set by the Florida Legislature. - . , . . D!( rl [ITY DF DELRAY BEA[H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE· DELRAY BEACH, FLORIDA 33444 FACSIMILE 407/278-4755 Writer's Direct Line: (407) 243-7090 DELRA Y BEACH F lOR I D A tI.f&d AII·America City MEMORANDUM l' III! DATE: August 31, 1995 1993 TO: City Commission FROM: David N. To1ces, Assistant City AtlOrn-:Ø- SUBJECT: Amendments to Legends License Agreement with Liddun International The Commission approved the License Agreement for the Legends Tennis Tournament at its August 15, 1995 meeting. Since that time, counsel for Liddun has suggested some changes to the agreement which are minor in nature. The changes are indicated on the attached memorandum. The entire revised agreement is also attached. Our office would recommend approval of the revised License Agreement with Liddun International for the Legends Tennis Tournament November 30 through December 3, 1995. Please contact my office if you have any questions. DNT:smk Attachment cc: David T. Harden, City Manager Alison MacGregor Harty, City Clerk Joseph Weldon, Director of Parks and Recreation Iegends4,dnt ~.E. ® Printed on Recycled Paper FROM : G, ,N c: I..-EGI=!I..- DEPI=!RTMENT 412 338 8900 1995.08-29 16: 16 #934 P.02/03 =- . .:.;~'~-- "'= August 29, 1995 Proposed Amendments to Legends AlI'eement 1) Third WHEREAS clause - Page. 1 - After "Tournam.ent", on line 1, add "and provide musical entertainment (the "Tournament")." Note - Thereafter, "Tournament" will be uppercase throughout the Agreement. 2) Paragraph 1.01 - Page 2 - Line 3 - Change "toUID8lJ1ent" to "period" 3) Paragraph 1.03 -Page 3 - Delete subparagraphs K and L and repJace with: K Office space for Tournament personnel. The Office space will be in the Community Center adjacent to the Tennis Center, unless Liddun and City agree on an altemate space. Any such space will include ~1Jffic:ie.nt lighting and air-conditioning. L Use of the Gymnasium and the Conference Room in the Community Center adjacent to the Tennis Center for use by press, radio and television representatives and/or as a hospitality area for sponsors and VIPs. Such space will include sufficient lighting and air-conditioning. J4) Paragraph 1.05 - Page 3 - -Title of Paragraph - Delete "stadium court" and replace with "facilities. " ~ 5) Paragraph 2.01 - Page 4 - Line 2 - Dollar amount in parenthesis should read (SI2,500.00). 6) Paragraph 2.04 - Page 4 - Line 3 - Change date to November 15, 1995. 7) Paragraph 2.08 - Page 7 - All but title of paragraph should be deleted and replaced with: Prior to the Tournaxnent, Liddtm may inspect and examine the Tournament Site to detennine that said Site is in adequate and satisfactory condition for the uses contemplated. Liddun assumes full responsibility and liabili~ for all damages. losses and liability caused by conditions on the T oumament Site, which arise once it commences use and occupancy of the T oumament Site and which conditions are caused by or result from the actions of or failure to act by Liddun, its employees, agents or representatives, or by the actions of or failure to act by exhibitors, independent contractors, workers or invitees of Liddun while on the Tournament Site. Liddun indemnifies and holds City harmless for any such claims unless 08/29/95 TUB 16:21 [TX/RX NO 5901] FROM :G N C LEG~L DEP~RTMENT 412 338 89121121 1995.1218-29 16117 #934 P.12I3/1213 . ....:.. . , . , . . ~.-- such damage, loss or liability were caused by conditions on the Tournament Site which are inherent in the structures involved, or the direct result of City's (including its employees and agents), negligence or misconduct. City shall not be responsible for any damage or injury to, or personal conduct, safety and welfare of Liddun, its employees, agents or representatives, or exhibitors, independent contractors. workers, and invitccs while on the premises and Liddun expressly indcmni:fi.es, holds harmless and releases City from any and all such claims, damages. losses or liability associated therewith, unless such claim, damage, or liability is the result of City's (including employees and agents) negligence or misconduct. 8) Paragraph 2.10 - Page 8 - All but the paragraph title shall be deleted replaced by: Liddun shall provide all personnel needed. for the Tournament, including. but not limited to, ticket sellers, ticket takers, ushers, sound technicians and stage hands. In the event Liddun, or agents or independent contractors retained by Liddun. choose to provide entertainment during the Tournament, which is their present intention, Liddon shall be responsible for the iA.:.ta11~l.Åuü. u.u..J...... .....l.Uu..ø.l ...... a.uy :IUlg11Jg. &1y suum.t or llgnnng wmch IS to be utLl1zed or any equipment of any type or nature which is needed for such entertaimnent shall be Liddun's sole responsibility_ 9) Paragraph 2.11 - Page 8 - Add after "Tournament" at the end of sentence 5. the following: . other than security within the facility itself, which security may be provided, at Liddun's expense, by a private security agency. 10) Paragraph 3.09 - Page 16 - Last sentence - Strilœ the words, Ugross" and "willful." 11) Paragraph 3 .17 B - Line 4 - Strike the name "Carrie Cromartie" and replace with the name "Sharon O'Connor." 08/29/95 TUE 16:21 [TX/RX NO 5901] AGREEMENT THIS AGREEMENT, made and entered into this day of - , 1995 by and between the CITY OF DELRAY BEACH, FLORIDA, a municipal corporation (hereinafter referred to as City), and LIDDUN INTERNATIONAL, INC., a Delaware corporation, (hereinafter referred to as Liddun). WIT N E SSE T H: WHEREAS, Liddun has the right to promote, manage and hold a women's professional tennis association tournament in FebruarylMarch of each year in Delray Beach; and, WHEREAS, that tournament is currently known as the Delray Beach Winter Championships; and, WHEREAS, Liddun desires to hold a Legends Tennis Tournament and provide musical entertainment (the "Tournament") from November 30 to December 3, 1995 at the Delray Beach Municipal Tennis Center; and, WHEREAS, the City is desirous of having the Tournament at the Municipal Tennis Center November 30 to December 3, 1995; and, WHEREAS, the City believes that the presence of the Tournament within Delray Beach will grant the citizenry of Delray Beach many tangible and intangible benefits; and, NOW, THEREFORE, in consideration of the mutual premises, covenants and agreements contained herein, the parties hereby covenant and agree as follows: ARTICLE 1 Grant of License 1.01. TERM. The City hereby grants to Liddun for the period of November 29 to December 3, 1995, the exclusive rights and privilege to use, manage and'operate the municipal tennis stadium and necessary surrounding property for the four day Tournament, commencing on Thursday, November 30, 1995, and ending on Sunday, December 3, 1995. Liddun's rights shall cover an additional one (1) day period before the commencement of the Tournament to set up necessary facilities and an additional day after the Tournament to remove necessary facilities. 1.02. LICENSE AGREEMENT ONLY. This agreement between the City and Liddun is a license agreement, not a lease or purchase agreement, and should be construed by a court of competent jurisdiction to be a license agreement only. Furthennore, this License Agreement does not grant nor is Liddun receiving hereunder any rights to any real property of the City nor any property interests except as set forth in this agreement. 1.03. FACILITIES PROVIDED BY CITY. The facilities (hereinafter referred to as Tournament Site) to be provided by the City and subject to this license include the following: A. The stadium court at the City's municipal tennis center. B. Use of the hard surface or clay courts as required. C. A sound system for use during the event. D. Adequate electrical power for event needs, including hook up for television cameras. E. Rest room facilities for the general public. F. Fencing of the site to ensure proper security. G. Necessary signage to direct the gener~l public to the facility. 2 H. A ticket sales office at the main entrance to the facility, equipped with a phone, electricity and air conditioning, which can be a temporary structure or a trailer. 1. Adequate parking for spectators on City-owned or controlled property based on Liddun' s estimated requirements. J. Locker rooms and players lounge providing adequate shower and relaxation areas for the players before and after matches, which locker room and lounge will include sufficient lighting and air conditioning. K. Office space for Tournament personnel. The Office space will be in the Community Center adjacent to the Tennis Center, unless Liddun and City agree on an alternate space. Any such space will include sufficient lighting and air-conditioning. L. Use of the Gymnasium and the Conference Room in the Community Center adjacent to the Tennis Center for use by press, radio and television representatives and/or as a hospitality area for sponsors and VIPs. Such space will include sufficient lighting and air-conditioning. M. One City Electrician on site at Liddun's request for November 30 and December 1, 1995. 1.04. FEES AND CHARGES. A. Liddun shall have the exclusive right to the fees and income derived from the sale of tickets to the Tournament, merchandising rights to the Tournament, commission sales during the Tournament, sale of television rights, parking fees, concessions and all other fees and income relating to the Tournament. B. Liddun shall have the right to set the fees and charges for the services it provides to the public relative to the Tournament. 3 1.05. LIMIT A TIONS ON USE OF THE FACILITIES. In addition to limitations contained in the License Agreement dated June 5, 1992, between the City, Liddun, and Kingdom, Inc., the City agrees to not make the facilities available for any other professional tennis Tournament between October 1st and December 1st, 1995 without the prior written consent of Liddun. ARTICLE 2 Liddun's Obligations 2.01. LICENSE FEES. Liddun shall pay the City a license fee of Twelve Thousand Five Hundred Dollars ($12,500.00) for the use of the facilities described in Section 1.03 from November 29 through December 3, 1995. Such payment shall be made no later than thirty (30) days after the Tournament to the City Manager at 100 N.W. 1st Avenue, Delray Beach, Florida 33444. 2.03. T AXES. Liddun shall be liable for any and all taxes which are or may be imposed as a result of this agreement. Taxes shall be paid to the appropriate authority and including, but not limited to, sales and use tax. 2.04. PROOF OF INSURANCE. Liddun shall provide the City with proof of insurance being in force. The type and quantity of insurance is more particularly set forth in Exhibit A to this agreement. Proof of such insurance shall be due by November 15, 1995. The insurance shall name the City as additional insured. 4 2.05, FINANCIAL RESPONSIBILITY. Liddun agrees, subject to the provisions of this Agreement, to accept all financial responsibilities for the Tournament including, but not limited to, all accounting and reporting as may be required by laws. Liddun further agrees to accept sole responsibility for any financial commitments or obligations it incurs as a result of theTournament, and which are not provided for in this Agreement. 2.06. OTHER SERVICES AND SUPPLIES. Liddun further agrees that all services and supplies not specifically identified herein shall be provided by or through Liddun. 2.07. CONCESSION RIGHTS OF LIDDUN. Liddun may sell food, beverages, confections, refreshments and novelties or may, subject to approval by City, contract with another to provide such service. With prior approval from the City, Liddun may provide temporary structures at its own expense, for the sale of concession items. In providing the concession service, Liddun or any person, firm, or corporation with whom it contracts for such purpose (hereinafter referred to as "concessionaire") shall comply with the following provisions provided, however,. that Liddun shall remain ultimately responsible to City for all obligations required of the concessionaire: a. Concessionaire shall, prior to commencing any activities, obtain any and all permits and licenses that may be required in connection with the operation of this conceSSIOn. S b. All food, drinks, beverages, confections, reÍÌ"eshments, etc. sold or kept for sale shall be first class and quality, in accordance with the Department of Health requirements, shall confonn to all federal, state, county, and municipal laws, ordinances and regulations in all respects. c. Concessionaire shall not sell or give away or otherwise dispose of any commodity which in the opinion of the City shall cause undue litter. d. Concessionaire shall have the option to sell beer and wine at the Tennis Center. The sale of other alcoholic beverages is prohibited. Sale of beer and wine must comply with all federal, state, county, and municipal laws, ordinances and regulations and must be properly licensed by the State of Florida. e. Concessionaire may, at its expense, furnish additional equipment and fixtures to be utilized in the concession. Concessionaire shall submit plans and speci- fications concerning fixtures and equipment to City for approval prior to installation of any items. For the purpose of this Agreement, "fixture" shall be defined as anything annexed or affixed to a building or structure or which appears to be so affixed or annexed, regardless of whether it is capable of being removed. f. The Concessionaire shall provide åll maintenance, repair and service required on all equipment used on the concession. g. Concessionaire shall keep all fixtures, equipment and personal property, whether owned by Concessionaire or City, in a clean and sanitary condition and shall cleanse, fumigate, disinfect and deodorize as required and whenever directed to do so by City. All state health laws and state health department regulations must be strictly complied with. All janitorial services necessary in concession area shall be provided by Concessionaire at Concessionaire's expense. h. Concessionaire agrees to dispose of all refuse and garbage, in compliance with all applicable laws, ordinances and health codes, at Concessionaire's expense, and to keep outside container areas cleaned at all times. 6 1. If the concession is operated by a person, firm or corporation other than Liddun, such person, firm, or corporation shall at all times maintain workers' compensa- tion insurance coverage for all employees which it employees within the areas and facilities covered by this Agreement, together with the policy or policies of public liability and products liability insurance and provides limits of at least One Million ($1,000,000.00) Dollars for combined single limit coverage; provide liquor liability insurance with limits of at least One Million ($1,000,000.00) Dollars and provide fire legal liability in the amount of Five Hundred Thousand ($500,000.00) Dollars. Such policies shall provide that they will not be cancelled or amended without at least ten (10) days written notice to the Risk Manager of City and shall name City, its officers, agents and employees as additional insured. 2.08. ACCEPT ANCE OF TOURNAMENT SITE. Prior to the Tournament, Liddun may inspect and examine the Tournament Site to determine that said Site is in adequate and satisfactory condition for the uses contemplated. Liddun assumes full responsibility and liability for all damages, losses and liability caused by conditions on the Tournament Site, which arise once it commences use and occupancy of the Tournament Site, and which conditions are caused by or result from the actions of or failure to act by Liddun, its employees, agents or representatives, or by the actions of or failure to act by exhibitors, independent contractors, workers or invitees of Liddun while on the Tournament Site. Liddun indemnifies and holds City harmless for any such claims unless such damage, loss or liability were caused by conditions on the Tournament Site which are inherent in the structures involved, or the direct result of City's (including its employees and agents), negligence or misconduct. City shall not be responsible for any damage or injury to, or personal conduct, safety and welfare of Liddun, its employees, agents or representatives, or exhibitors, independent contractors, workers, and invitees while on the premises and Liddun expressly indemnifies, holds 7 harmless and releases City from any and all such claims, damages, losses or liability associated therewith, unless such claim, damage, or liability is the result of City's (including employees and agents) negligence or misconduct. 2.09. REP AIR. REPLACEMENT AND MAINTENANCE. Liddun shall pay all costs for cleanup, repair and replacement and all damages of whatever origin or nature, for which it is responsible, ordinary wear and use thereof only excepted, which may occur during the tenn of this Agreement in order to restore the Tournament Site to a condition equal to the condition at the time Liddun occupies the Tournament Site. Liddun shall be responsible for clean-up of the Tournament Site during and after the Tournament. If at any time City detennines that the clean-up services provided by Liddun are not adequate or that said services endanger public health and safety, City shall provide these services. Liddun shall reimburse City for the costs of providing these services and for the actual costs of any supplies. 2.10. EVENT PERSONNEL AND EQUIPMENT. Liddun shall provide all personnel needed fór the Tournament, including, but not limited to, ticket sellers, ticket takers, ushers, sound technicians and stage hands. In the event Liddun, or agents or independent contractors retained by Liddun, choose to provide entertainment during the Tournament, which is their present intention, Liddun shall be responsible for the installation and removal of any staging. Any sound or lighting which is to be utilized or any equipment of any type or nature which is needed for such entertainment shall be Liddun's sole responsibility. 2.11. POLICE AND EMERGENCY PERSONNEL. Liddun agrees to make arrangements with the City Police Department to provide for City police personnel which the City determines, in its sole discretion, is necessary for the 8 Tournament. The officers shall be paid at the prevailing off-duty detail hourly rate in effect at the time of the event. Liddun shall, at least thirty (30) days prior to the Tournament, consult with the Chief of Police or his designee to determine the proper scheduling of security for the Tournament, other than security within the facility itself, which security may be provided, at Liddun's expense, by a private security agency. Also, Liddun shall contact the City Fire Department to make arrangements for Emergency Medical Technician personnel to be present at the Tournament at Liddun's expense. If Liddun enters into any agreement with any promoter, the promoter agreement shall contain this provision, and the promoter shall be under the same obligation as Liddun to hire police personnel and emergency medical technicians. 2.12. CITY'S RIGHT TO CONTROL PREMISES. City at all times reserves the right to eject or caused to be ejected from the premises any person or persons violating or to keep persons from violating any of the rules or regulations of the Tennis Center or any city, county, state or federal laws, and neither City nor of any its officers, agents or employees shall be liable in any manner to Liddun or its officers, agents or employees for any damages which may be sustained by Liddun through the exercise of this right by City. 2.13. TICKET SALES. All tickets for admission shall contain language approved by City establishing that the tickets create a revocable license. Prior to the sale of any admission ticket, Liddun shall provide City Manager or his designee with the established selling price of each type and kind of ticket for his review and approval. 2.14. ADVERTISING MATTER. Liddun agrees, subject to its rights, if any, under any applicable License Agreements, to identify the City of Delray Beach as the site of the T oumament in all 9 publications, advertising and any electronic broadcast, and to pennit City to use Liddun's trademark or any trademark authorized to be used by Liddun, during the tenn of this Agreement solely in the connection with the advertisement and promotion of City subject to the approval of Liddun, which approval will not be unreasonably withheld. All printed material, advertising matter, posters and pictures to be used prior to or at Tournament which include the name City of Delray Beach or its official seal shall be sub- mitted to the City Manager or his designee for his approval at least two (2) weeks prior to the proposed use of the same. Approval shall not be unreasonably withheld by the City Manager or his designee. Liddun shall provide to the City two (2) full-page, four (4) color or black and white advertisements in the Tournament program, plus two (2) pages of editorial content. Liddun shall include the name "CITY OF DELRA Y BEACH" as the "Host Site" in all Tournament Event brochures, posters, draw sheets, counter cards and other publications relating to Tournament. If Liddun is able to secure television coverage for the Tournament, Liddun shall ensure that any such television coverage of the Tournament shall specifically mention the City as the host in the opening of each and every broadcast. In addition, Liddun shall use its best efforts to ensure that a minimum of 60 seconds of each and every broadcast is devoted to a promotional presentation on the City of Delray Beach. It shall be the City's obligation to provide the promotional video. 2.15. ALCOHOLIC BEVERAGE LICENSE. In the event an alcoholic beverage license is required, Liddun or its agents shall apply for and obtain a temporary alcoholic beverage license from the State of Florida Department of Business Regulations, Division of Alcoholic Beverages and Tobacco for the sale of alcoholic beverages at the Tournament Site for the Tournament. Liddun shall display said license in a 10 conspicuous place at the Tournament Site of the sale and/or distribution of the alcoholic beverages. Liddun shall be solely responsible for timely reporting and remitting the appropriate retail surcharge on the alcoholic beverages sold for consumption to the Division of Alcoholic Beverages and Tobacco. Liddun shall strictly comply with all rules and regulations established by the Division of Alcoholic Beverages and Tobacco of the State of Florida and any other applicable statutory and regulatory regulations. 2.16. V ACA TION OF TOURNAMENT SITE. Liddun agrees to vacate the licensed Tournament Site no later than one (1) day after the completion of the Tournament; to leave said Tournament Site in a condition equal to that at the commencement date Liddun occupies the Tournament Site each year, ordinary wear and use thereof only excepted, and that Liddun shall remQve from the Tournament Site within five (5) days following the closing of the Tournament, all material and equipment owned by Liddun. 2.17. NON-DISCRIMINATION. A. That Liddun for itself, its personal representatives, successors in interest, assigns subcontractors, and sublessees, as a part of the consideration hereof, does hereby covenant and agree that: 1. No person on the ground of race, color, national origin, age, or sex shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities. 2. That in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the ground of race, color, national origin, age, or sex shall be excluded from participation in, be denied the benefits of, or otherwise be subject to discrimination. 11 3. That the Liddun shall use the premises in compliance with all other requirements imposed or pursuant to Title 45, Code of Federal Regulations, Article 80, Non-discrimination under programs receiving Federal Assistance through the Department of Health, Education and Welfare - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. B. That in the event of a proven breach of any of the above non- discrimination covenants, the City shall have the right to terminate the license and to take possession of said facilities and hold the same as if said license had never been made or issued. This provision shall not be effective until the procedures of Title 45, Code of Federal Regulations, Part 80, are followed and completed including exercise or expiration of appeal rights. C. Liddun shall not discriminate against any employee or applicant for employment to be employed in the performance of the contract with respect to hiring, tenure, terms, conditions or privileges of employment, or any matter directly or indirectly related to employment because of age, sex, physical handicap (except where based on a bona fide occupational qualification); or because of marital status, race, color, religion, national origin or ancestry . 2.18. CHANGE IN LAW. During the term, the City reserves the right to restate and/or renegotiate with Liddun such additions, deletions or changes to the license as may be necessitated by changes in county, state or federal laws relating to the operation of the downtown site. In the event that the City and Liddun are unable to reach a mutual agreement on any such addition, deletion or change, that portion of the contract concerning the services involved in the addition, deletion or change shall be terminated or eliminated. 12 ARTICLE 3 General Provisions 3.0l. CANCELLATION BY CITY. The occurrence of any of the following cause this Agreement to be automatically terminated: A. Institution of proceedings in voluntary bankruptcy by Liddun. B. Institution of proceedings in involuntary bankruptcy against Liddun if such proceedings lead to adjudication of bankruptcy and the Liddun fails within ninety (90) days to have such adjudication reversed. The City shall have the right, after fourteen (14) calendar days written notice sent by registered or certified mail to Liddun specifying the amount of payment(s) in default, to terminate this Agreement whenever the non-payment of any sum or sums due hereunder continues for a period of ten (10) calendar days after the due date for such payments; provided, however, that such termination shall not be effective if Liddun makes the required payment(s) during the fourteen (14) calendar day period following receipt of the written notice. C. City reserves the right to terminate this Agreement for good cause upon thirty (30) calendar days written notice by registered certified mail to Liddun. In the event City exercises that right, it shall refund any advance monies paid to City on the condition that Liddun shall agree to forego any and all claims of any kind against City. 3.02. DEFAULT BY LIDDUN. The City may terminate this Agreement for cause upon Liddun's failure to perform any of the terms and conditions of this Agreement and such failure in performance not remedied by Liddun within thirty (30) days after receiving notice in writing of such default or in cases where remedial measures may take longer than thirty (30) days, satisfactory remedial action must begin and be consistently undertaken within thirty (30) days after receiving notice in writing stating the nature of the failure of performance and the City's intention to terminate if not 13 corrected and which remedial measures must be completed within a reasonable time set forth in the notice from the City. Notwithstanding anything to the contrary contained herein, this Section 3.02 shall not apply where Liddun's failure to perform in a timely manner was caused by casualties, acts of God, material shortages, war, water shortages, governmental regulation, strikes or labor disputes, Liddun's inability to secure necessary governmental permits after a reasonable effort by Liddun to so obtain said permits, or other causes beyond the reasonable control of Liddun. 3.03. DEFAULT BY CITY. Liddun may terminate this Agreement for cause upon City's failure to perform any of the terms and conditions of this Agreement and such failure in performance was not remedied by City within thirty (30) days after receiving notice in writing of such default, or in cases where remedial measures may take longer than thirty (30) days, satisfactory remedial action must begin and be consistently undertaken within thirty (30) days after receiving notice in writing stating the nature of the failure of performance and Liddun's intention to terminate if not corrected and which remedial measures must be completed within a reasonable time set forth in the notice from Liddun. Notwithstanding anything to the contrary contained herein, this Section 3.03 shall not apply where City's failure to perform in a timely manner was caused by casualties, acts of God, material shortages, war, water shortages, governmental regulation, strikes or labor disputes, City's inability to secure necessary governmental permits after a reasonable effort by City to so obtain said permits, or other causes beyond the reasonable control of City. Termination pursuant to this paragraph shall not effect any other rights which Liddun may have, either at law or in equity, for damages or otherwise, resulting from such default and subsequent termination. 3.04. REMEDIES. ATTORNEYS' FEES AND COSTS. All remedies provided in this Agreement shall be deemed cumulative and additional, or not in lieu of or exclusive of each other or of any other remedy available at law or 14 in equity. In the event of any arbitration or action at law or in equity arising hereunder, the prevailing party shall be awarded all costs and expenses (including reasonable attorneys' fees) incurred in connection herewith. 3.05. NOTICES. Any notices submitted or required by this Agreement shall be sent by registered or certified mail and addressed to the parties as follows: To the City: David Harden, City Manager City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 To Liddun: George Liddy, President Liddun International, Inc. 2929 East Commercial Boulevard Fort Lauderdale, Florida 33308 or to such other addresses as either party may designate in writing. 3.06. INTERPRETATION. This Agreement constitutes the entire Agreement between the parties with respect to subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect thereto. This Agreement may be amended only by written document, properly authorized, executed an delivered by both parties hereto. This Agreement shall be interpreted as a whole unit and sections headings are for convenience only. All interpretations shall be governed by laws of the State of Florida. Waiver of any breach shall not constitute waiver of any other breach. Invalidation of any portion of this Agreement shall not automatically invalidate the entire Agreement. 3.07. INDEMNIFICATION. To the fullest extent permitted by laws and regulations, Liddun agrees to indemnify, save and hold City, its officers, agents and employees, harmless from any and all claims, damages, liabilities, losses, causes of action, liens' or judgments of any kind or nature 15 whatsoever which may arise out of, in connection with, or because of the use, maintenance, or operation of the licensed facilities, including but not limited, to the exterior facilities and grounds, parking areas, pedestrian walkways, vehicular paths and grassy areas, by Liddun or its officers, agents, employees, or independent contractors, and invitees including but not limited to those resulting from or arising out of (a) by any act done or words spoken by Liddun, its players, agents or employees; (b) any damage done to the premises or any part thereof caused by the act or omission of either Liddun or any player, agent or employee of Liddun: (c) the breach by Liddun of any tenn of this Agreement; or (d) any breach or alleged breach of any warranty or obligation undertaken by Liddun in this Agreement. Liddun shall pay all claims, losses, liens, settlements or judgments of any nature whatsoever in coIÍnection therewith, including but not limited to reasonable attorney's fees and costs to defend all claims or suits, in the name of City when applicable. Liddun agrees to defend all actions to which this Section 3.07 applies, in the name of City provided, however, that City reserves the right to select its own legal counsel to conduct any defense in any such proceeding which selection shall be reasonable under the circumstances. All costs and fees associated therewith shall be the responsibility of Liddun under this indemnification agreement. Such indemnification shall not be limited to the amount of commercial general liability insurance which Liddun is required to obtain under this License Agreement. Nothing contained herein is intended nor shall be construed to waive City's rights and immunities under the common law or Section 768.28, Florida Statutes, as amended from time to time. The provisions of this Section shall sµrvive the execution, delivery and perfonnance of this Agreement. 3.08. DESTRUCTION OF TOURNAMENT SITE. In the event said Tournament Site, or major part thereof, shall be destroyed or damaged by fire or any other cause, or if any other casualty or any unforeseen occurrence shall render the fulfillment of this Agreement by City impossible, then and thereupon, this Agreement shall tenninate, unless Liddun shall, at its option, agree to pay to repair such damage. 16 3.09. PERSONAL PROPERTY. City assumes no responsibility whatsoever for any property placed on the Tournament Site by Liddun, its agents, employees, representatives, independent contractors or invitees. City is hereby expressly released and discharged from any and all liabilities for any loss, injury or damage to such property that may be sustained by reason of the use and occupancy of the Tournament Site under this Agreement, unless such damage, loss or liability is caused by City's (including employees and agents) negligence or misconduct. 3.10. INDEPENDENT CONTRACTOR ST A TUS. Liddun and its employees, volunteers and agents shall be and remain an independent contractors and not agents or employees of City with respect to all of the acts and, services performed by and under the terms of this Agreement. This Agreement shall not in any way be construed to create a partnership, association or any other kind of joint undertaking or venture between the parties hereto. 3.11. COMPLIANCE WITH LAWS. Liddun shall comply with all statutes, laws, ordinances, rules, regulations and lawful orders of the United States of America, State of Florida, City of Delray Beach and of any other public authority which may be applicable to the use of the Tournament Site by Liddun. Liddun shall obtain at its expense any and all required permits and licenses including an occupational license if required. 3.12. GOVERNING LAW AND VENUE. The validity, construction and effect of this Agreement shall be governed by the laws of the State of Florida. Any claim, objection or dispute arising out of the terms of this Agreement shall be litigated in the Fifteenth Judicial Circuit in and for Palm Beach County, Florida. 3.13. ENTIRE AGREEMENT. 17 This Agreement contains the entire understanding of the parties relating to ß1e subject matter hereof superseding all prior communications between the parties whether oral or written, and this Agreement may not be altered, amended, modified or otherwise changed nor may any of the terms hereof be waived, except by a written instrument executed by both parties. The failure of a party to seek redress for violation of or to insist on strict performance of any of the covenants of this Agreement shall not be construed as a waiver or relinquishment for the future of any covenant, term, condition or election by the same shall continue and remain in full force and effect. 3.14. SEVERABILITY. Should any part, term or provision of this Agreement be by the courts decided to be illegal or in conflict with any law of the State, the validity of the remaining portions or provisions shall not be affected thereby. 3.15. NO REPRESENTATIONS BY CITY. Neither the City nor the City's officers, agents and/or employees have made any representations or promises except as expressly set forth in this Agreement. 3.16. BOND LIMITATIONS. It is recognized by Liddun that the Tennis Stadium has been financed with proceeds of tax exempt debt and may be refinanced from time to time in the future and that the Internal Revenue Code of 1986, as amended, limits the private use of governmentally owned facilities, such as the Tennis Stadium, in order to maintain the tax exempt status of debt issued to finance the same. Notwithstanding any other provision of this Agreement to the contrary, this Agreement shall automatically terminate, without any required notice by the City, if any payment required to be made under this Agreement to the City would, together with any other payments made or required to be made by any entity or person for the use of the Tennis Center or related facilities, adversely affect the exclusion from gross income for federal income tax purposes of interest on any obligation (herein "Negative Tax Consequences") of the City issued to finance or refinance the Tennis Center or any part thereof. Such a termination shall not constitute a default 18 on the part of either party to this Agreement. Upon such tennination, it is the intention of the parties hereto to enter into a new agreement which would contain different or modified payment tenns acceptable to both of the parties hereto and which in the opinion of the City's Bond Counsel would not have Negative Tax Consequences. 3.17. ASSIGNMENT OF AGREEMENT. A. Liddun shall not assign or transfer this Agreement nor otherwise convey any privilege granted hereunder or sublease/license any part of the stadium unless the written consent of the City be first obtained. Such consent shall not be unreasonably withheld. Neither this Agreement nor any right, privilege or interest therein or thereunder shall be transferable by operation of the law or by any process or proceeding of any court. B. Assignment as referred to above shall include, but not be limited to, any and all sales, assignment transfer, collateralization, or other disposition of a majority of stock certificates, right, title and/or interest in and to Liddun International, Inc. to any person or entity other than George Liddy, Robert Dunn, Larry King, and Sharon O'Connor. C. Paragraph 3.17(A) shall not be applicable to any transaction wherein Liddun International, Inc. remains the managing entity of the Tournament, and the majority interest in Liddun International, Inc. remains in the party(ies) referred to in paragraph 3.17(B). , D. In the event Liddun contracts with a promoter for any activity associated with the Tournament, this agreement shall be incorporated into the promoter agreement and attached as an exhibit. 19 .. IN WITNESS WHEREOF, the parties have caused this agreement and one counterpart, both of which shall constitute originals, to be executed by its proper officers hereto duly authorized on the year and date first above written. WITNESS: LIDDUN INTERNATIONAL, INC: By: George Liddy, President (print or type name) SEAL STATE OF COUNTY OF The foregoing instrument was acknowledged before me this _ day of , 1995 by George Liddy, President of Liddun International, Inc., a Delaware corporation, on behalf of the corporation. He is personally known to me/or has produced (type of identification) as identification and did (did not) take an oath. Signature of Notary Public ATTEST: CITY OF DELRA Y BEACH, FLORIDA By: City Clerk Thomas Lynch, Mayor Approved as to F onn: City Attorney legends.agt 20 I · . o. ct<. .. tfIv'{ £IT' DF DELIA' BEA£H CITY AnORNEY'S OFFICE 200 NW 1st AVENUE· DELRAY BEACH, FLORIDA 33444 FACSIMILE 407/278-4755 Writer's Direct Line: (407) 243.7091 DELRA Y BEACH f L 0 I I D A ~ AJ.America City MEMORANDUM 'IIII! DAlE August 29, 1995 1993 TO: City Commission ð! FROM: Brian Shutt, Assistant City Attorney SUBJECT: Consent to Transfer of Fairbanks Communications, Inc., Franchise to Leadership Acquisition. Limited Partnership. The City's Code of Ordinances Section 93.34 states that a cable television grantee shall not transfer its fTanchise to another person or corporation without prior approval of the City Commission by resolution. Fairbanks Communications, Inc., was granted a fTanchise originally on July 22, 1974, for a fifteen year period. In 1986, the City Commission extended the ftanchise for a fifteen year period which shall continue to July 22, 2004. Leadership Acquisition, Limited Partnership desires to assume the ftanchise held by Fairbanks Communications, Inc., for the remainder of the fTanchise term. Leadership Acquisition, Limited Partnership is an affiliate of Adelphia Communications. Our office has received assurances that the documentation requested under Section 5 of the resolution will be forwarded to the City upon the date of closing, which, at this time is scheduled for October. Some of the requested documentation has already been provided and is attached for your information. By letter of July 31, 1995 David Baker, on behalf of his client, Fairbanks Communications, Inc., seeks City Commission approval for the transfer. We have also attached a proposed ordinance which amends Chapter 93.27 of the Code of Ordinances to clarify that cable service shall be provided ftee of charge to any City owned building. This is on your agenda for first reading (Item 12.C.). By copy of this memorandum to David Harden, our office is requesting that the resolution and proposed ordinance be placed on the City Commission agenda for City Commission consideration. Attachments 0µG"-UtcL on fúìWid 9/-1)/15 -g.F. ® Printed on Recycled Paper - cc: Susan A. Ruby, City Attorney David Harden, City Manager David Baker, Alley, Maass, Rogers & Lindsay, P.A. John Glicksman, Adelphia Communications Corp. Alison MacGregor Harty, City Clerk cable3,rbs , . M E M 0 RAN DUM TO: Brian Shutt, Assistant City Attorney FROM: Alison MacGregor Harty, City Clerk SUBJECT: Resolution No. 59-95/Transfer of Cable Pranchise from Leadership to Adelphia DATE: September 13, 1995 =================================================================== Attached for your use are two (2) certified copies of Resolution No. 59-95 authorizing the cable franchise transfer from Leadership to Adelphia. Also attached is a copy of the Facilities Conversion Agreement with . Leadership for the East Atlantic Avenue Beautification project for your review. If you have any questions, please do not hesitate to contact me. AMH/m Attachments , I .. -- ,- .' , - t } - '- -. .. -- ._~- .. . .. -- RESOLUTION NO. 59-95 ,.. -- .. ~ ,. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 93, IICABLE , TELEVISION" , SECTION 93.34, -TRANSFER OF FRANCHISEII, AUTHORIZING THE TRANSFER OF A CABLE TELEVISION FRANCHISE FROM FAIRBANKS COMMUNICATIONS, INC. , ALSO KNOWN AS LEADERSHIP CABLEVISION, TO LEADERSHIP ACQUISITION LIMITED PARTNERSHIP, AN AFFILIATE OF "",,,. ADELPHIA COMMUNICATIONS CORPORATION. - WHEREAS, Fairbanks Communications, Inc. , also known as Leadership Cablèvision, is a franchised cable television operator licensed to conduct operations in the City of Delray Beach, Florida; and WHEREAS, Leadership Cablevision desires to transfer its assets and franchise to Leadership Acquisition Limited Partnership, and has submitted an application for transfer of Leadership Cablevision to Leadership Acquisition Limited Partnership; and WHEREAS, Leadership Acquisition Limited Partnership, as a result of the transfer will continue the business of Leadership Cablevision within the City limits of Delray Beach; and WHEREAS, Leadership Acquisition Limited Partnership is an affiliate of Adelphia Communications Corporation; and WHEREAS, Olympus Communications, L.P. , an affiliate of Adelphia Communications Corporation, will be the management entity that will operate the cable franchise; and WHEREAS, Chapter 93, IICable Television" , Section 93.34, IITransfer of Franchisell, of the Code of Ordinances of the City of Delray Beach, requires that any transfer of the franchise be approved , by a resolution of the City Commission. .. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE - .- CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. The foregoing recitals are hereby affirmed and ~ ratified. Section 2. The cable television franchise and license held by Fairbanks Communications, Inc. , also known as Leadership Cablevision, is hereby transferred in its entirety to Leadership . Acquisition Limited Partnership for the remainder of the franchise term as stated in Ordinance No. 156-86. Section 3. Leadership Acquisition Limited Partnership, Olympus Communications, L.P. , and Adelphia Communications Corporation shall comply with Chapter 93 of the Code of Ordinances of the City of 1 . : ... Delray Beach, Florida, governing cable television and any and all , amendments thereto. Section 4. Leadership Acquisition Limited Partnership, Olympus Communications, L. P. , and Adelphia Communications Corporation shall comply with all other statutes, rules and regulations regulating cable television. ... Section 5. That the City Commission of the City of Delray ,.' Beach, Florida, authorizes a transfer of the franchise from Leadership ¡ Cablevision to Leadership Acquisition Limited Partnership, an affiliate of Adelphia Communications Corporation, subject to providing -. the following documents: (a) A statement from Leadership Acquisition Limited Partnership indicating that it accepts and agrees to be bound by the terms and conditions of the franchise agreement between the City and Leadership Cablevision. -. (b) A copy of the Certificate of Authorization to do business in the State of Florida by Leadership Acquisition Limited Partnership. (c) The name of the Florida Agent of Leadership Acquisition Limited Partnership for the purpose of service of process. (d) A current Certificate of Insurance in the name of - Leadership Acquisition Limited Partnership meeting the requirements of the City's Code of Ordinances and current franchise agreement. -" (e) A performance bond from Leadership Acquisition Limited Partnership in the amount prescribed by the Code of Ordinances of the City of Delray Beach, Florida. Section 6. That this resolution shall become effective upon adoption. Section 7. That the City Clerk is hereby authorized to send a certified copy of this resolution to the franchise holder. PASSED AND ADDPTED in regular ses~ this the 5th day of September, 1995. ~ ~ ATTEST: ~~~ M A Y?ó R ~ City Clerk - 2 - Res. No. 59-95 LAW OFFICES " ALLEY, MAASS, ROGERS & LINDSAY, P.A. 321 ROYAL POINCIANA PLAZA soum RAYMOND C. AlLEY (1893-1975) POST OFFICE BOX 431 HAROLD G. MAASS (OF COUNSEL) DOYLE ROGERS PALM BEACH, FLORIDA 33480-0431 ALAN I.JNDSA Y· EDWARD D. LEWIS NEAL W. KNIGHT, JR. (407) 659-1770 PAUL B. ERICKSON FORT LAUDERDALE OFFICE DAVID H. BAKER FACSIMILE (407) 833-2261 1600 S.E. 17I'H STREET CAUSEWAY LENNE A. GAPSTUR SUITE 404 WJI.LIAM w. A'I'I'ERBURY m - FOR.T LAUDERDALE, FLOR.IDA 33316 LOUIS L. HAMBY m (30.5) 767-0215 ROBB a. MAASS FROM BROWARD (305) 421-1.540 FACSIMILE (30.5) 761-7644 M. TIMOTHY HANLON JOSEPH L. THILLMAN KURT E. BOSSHAR.DT MICHAEL L. DUFFY WAR.REND. HAYES, Sa. GENE D. LlPSCHER THERESA BENNETI' July 31, 1995 City of Delray Beach 100 NW 1ST Ave. Delray Beach, FL 33444 Re: Fairbanks Communications, Inc. d/b/a Leadership Cablevision ("Fairbanks")fTransfer of Assets to Leadership Acquisition Limited Partnership ("Leadership ") Ladies and Gentlemen: Herewith please find an original and four copies of Federal Communications Commission Form 394 (the "Application") together with one copy of the Asset Purchase Agreement between Fairbanks and Olympus Communications, L.P. Fairbanks' cable television and security system in the City of Delray Beach and elsewhere in Palm Beach County is being acquired by Leadership which is an affiliate of Olympus and of Adelphia Communications Corporation which will manage the system. Pursuant to Section 10-16 of the Code of Ordinances, Fairbanks and Leadership hereby request that you approve the transfer at the earliest possible time so that the parties may proceed to complete the transfer. If you have any questions or require additional information concerning the transfer, please contact either of the persons named in the Application or: · City of Delray Beach July 31., 1995 Page -2- David H. Baker, Esq. Alley, Maass, Rogers & Lindsay, P .A. 321 Royal Poinciana Plaza Palm Beach, FL 33480 Telephone: (407) 659-1770 Fax : (407) 833-2261 Thank you for your prompt and courteous cooperation. DHB:ac Enclosure ., Huc;¡. 29 '95 10:44 øøøø Ft..LEY I'mSS TEL4Ø7-833-2261 -- Pf:GE Ø3 . t ~f ,jf{ , ~tat,,:". ~~"'. 0rtb . .. ;'" a . . Irparl.rnl øf 61alr I certify from the records of this office that LEADERSHIP ACQUISITION LIMITED PARTNERSHIP Is a limited partnership organized under the laws of Delaware, authorized to transact business In the State of Florida, flied on August 25, 1995. The document number of this Umlted partnership Is 995000000306. I further certify that said limited partnership has paid all fees due this office through December 31. 1995, and its status is active. Cli&en unbu mJ¡ ~anll anb t~e Clreatc:ØeuI of t~e tate of JIloriba. at 1úrl1zd¡øøe. t~r Q1apitøI. tl¡ie flte Twenty-elghth bnv of August. 1995 ~L~ c$anbra ~t~rtlyltm CR2E022 (2-115) c$emJar¡ øf,$hde 08/29/95 TUB 10:40 [TX/RX NO 5893) HUy. ,~ oj:) 11:1:44 IðWIð /-ILL!:: Y /1HH::;::; TEL407-833-2261 - . PffiE Ø4 . Stllte of DeltIWllr'e PAGr~: 1 Office Of the Secretary of State I, ::;:1)WAR1> J. FRF.:::;I., !if::CR:::TM\Y OF STArr:~ OF mr: ~nAn:: OF' (In AWt,R£, DU H~ RFIW CE1~TIf'Y ·LE:AlIlRSHIP Acr.UI51TION UrinE!) PA~'fNr::Rs:np' IS DUI. Y FURNJ;;l) UNDF.R "He: LAWS Of nŒ 9TAT~ OF nrlAWARr ANU IS IN GOOD SlANPING ~Nn HAE A LF~AL EXlSTrNCE SO r-nl\ AS rltf:: tt~cuRDS OF 'nus Df"f'ICE s:mw, AS OF THE 'TWENTY -~IGHTH MY Of AIICUST. A. D. H'95. IIN'I 11>0 HfRE[!Y FUH1HFR CE"R'I'lFY THAT l"HE' ANNUAL TAXf-S HAVf NOT 8~r~N At:ì~~!)SED I'U DATE:. . tl-ßt~ Edw.,d J. Fræl. SecRr.ry of SUllie AU'lHENTICATlON: 2S:?18C¡"! 1:13øø 76:n'l31 DATE: '}5tH 7') 1(~" Ð8-2ij·r¡5 011/29/95 TUE 10:40 (TX/RX NO 51193) "'~,..""......- .._..... .&.... a..&. 1...-&IoA .... ..U', ....,u ~~U~ ..-- --.-- - - SENT, BT: ; 8-2'-15 ;11=28.M ; ~ I, Pgh 58th FIDDr~ i' 2 , . \ . - . .. . . i . FLORIDA. DEPARTMENT OF STATE Sardn B. Mørtiwn Secre4aIy otSIHt August 28, 11&5 . . . CAPlOL HENSAL CSC TALLAHASSEE. Fl The Affidavit and Application of Umited Partnersh;~ for LEADERSHIP ACQUISITION liMITED PARTNERSHIP. . Celaware limted pa"".rs~ w.... filed on August 25, 1995 and assigned document number 995000 0306. Pleue ,efer to this number whenever corresponding with this ~ffice. The certification you requested is enclosed. Thia partnership's certificate of authority, wlllexpira on January 1, 1986. 'To renew the pa"nershlp', certificate of authortæ.:e nmited partnerst1ip must tile with the Department of State, 0" or before mber 31, 1995. a ßmit8d partnership annual repon form. Therefore, we ar8 eneloelng . LImited Partnershlfa Annual Report form for you ta complete and retum to thJ. omœ .ICon lIS PC" ble. Ple_ be aware If the .mlted partner.hl~ addNss chang.., It I. the responsibility of the Rmited partnership to notify thll office. Should you have any ~u'$tlon& concerning this matter, pleale telephone (904) ~87-eo51. the Reglstrat on and Ouaßtlcatlon Seçton. Buck teohr Co~nd' SpeclaUat Letter Number: S9SAOOO39957 Olvllion of Corporations Account number: 012100000032 Acooœt ahupd: 1.0.00 Divilli.aat ofCorporatioal· P.O. BOX 8S21-Ta11·ha'....l'lorida 8281' . _........._.....__..... .... I..,. ... . . '--nr -..-. . . ..-...-.-- -- -- 'II" "TO ...~--. .,. 08/29/95 TUB 15:21 [TX/RX NO 5897] .. --. ----- - __ __ - __ I. __ _ __. ___ ___~ ---- - ----- - - -- SENT BT: ; 8-28-85 ;11:30AM i B. I. Pgh 58th Floo~ i* 3 . . i¡)tatt,. ~f :[IOrí ~. . . , .~~, ba .,parl1bftlt øf 6tat. I certify the atlached is a true and corrvct copy of the Affidavit and Application of Umlted Partnership 01 L.EADERSHIP ACQUISITION LIMJTED PARTNERSHIP, a C.tawar. Rmltød partnership, authorized to transact business within the state of Florida on August 25. 1995. u shown by the records of this offlcs. The document number of this limited partnership is S95OO0000306. . , . \ CIi&Ift aamr ~: anb d¡. CInad~_øftlfll øf~ åGr-U..tr--.. tip ~ up. tip Twemy-eJghth iaa¡ øf August, 1995 c:~.(.L~ .$a¡;Lh&À ~~ ,I....~ " øfc8r. . ~ ....--. "--' --,...,.... .......... . , ..... .... ... . ._--...- i. , . --,.- ._~"""""""".., "t- 08/29/95 TUB 15:21 [TX/RX NO 5897] - - I _ __ _ _ . _ __ '.:l.- i 8-29-95 ;11:31AM ; B. I. Pah 58th Floor~ :. & SENT BY: . . . . ,- '. . . . . . . . - . . FIartdII ~ ., ...... ...... ........ b..... ..... - . . APPUCATlON BY FOREIGN UMtTED PARTNERSHIP FQR AU'niORIZA1l0N TO TRANSACT BUSINESS IN FLORIDA .. 1. I.e".~.b1p Ac:4u1.1t1øn L1II1ced P.~r.bJ.p (Name Of .m.1»d partnership .. It III '" .,.. nome _; 2 .(1 n8IN . unava"-Þle, ,..,...... whktI the bINd ~ ptOpOS. to .WQISW or tr8nS8d bu8tneu In FlorIda; must conI8In 1he word 1JMrTEEr or '1.11).") 3- llelav&l'e 4. J'1I17 5. It" (StatII gf Formation) (D-. 01 Fonn8IIcn) 5. ~be Prentice-Ball CoJ:pOJ:.~icm S:r.~f tfta. - (Name at Reg...... AQn for &er.1OI 01 PnX:..) 2", 'ða ~9 8 1201 Ba~tr..t.r ð § ~."'" Ad... of Reglster8d Qfb) ~ ~9~ 32301 N "'- Tallahassee . Aorfd8 CJ\ q""~ ~ ~QO (CIty) (ZIp Cac:Ie) ~.., ~ CW't . .sÞ ':D-' 7 k. ..-nœ by the R..... Ag8rC fOr S8rv1c1 d PtaCl18. ... 'P:Þ: ;;ò4~ c:t ê)fW' Tbe P ~iðe-aall C ~poZ'at1cft System, lac. #" ':I; B : r . Xa~c::iA A. HaYDe:. ",,1:. Sec. &11 CI1 . 8~~~s~~o~~þ:=. 1t04 cr. not .....,. Add... or PrincIpII 0fIIœ.) . 8. NAME OF GENERAL PAR1"NEAS SPECIFIC ADDRESS . . 01~. CoIDUn:l.cac:S.ou.. L.'. .... .~ W..c ~lr4 Ic~..c Couder.po~t. ~.. 16915 . 10. .5 V..e 'Dú%4 sen.t. Co.~.,oR. ,.. l"U (OftIcI wt-e Names. Addr88øa and Cc:InII1butionI at lJmitIId P8I'tIwr8 .. kept) 1'. U,ellmll8cl ~ip will ~ to keep" fecodS Isttng 1he IIddretls. end ~ ~ of U1e ~ penner or III'nIIed ...... und ..limited partlWShlp'. nIgIatraøan In ~ is ~ or wtlhdnMn. 12- , V..c ~4 Sczeee. Cøud.~re. Pa. 16'15 . (MalIna Adò'el1 of UnIød Partnership) - . , . . r_.....__ ----.. . .. . ..--." .....-.... ,-....--..-. ...-- ---...-.. 08/29/95 TUE 15:21 [TX/RX NO 5897J .. I _ __ _ _ . _ _ _ __ _'.I- ---- - ---- i 1-29-15 :11:31AM ; & I, Pgh 58~h Floor~ ;, 5 SENT., 8Y: , . '" " . . . . . . . . . . . . . , , - . . . . This ~.. dayat~~'U)T .;S4J§. o . co...-tca cna.. I..,. 11:1 ~r~ Geuaral ht."cuar -' . STATE OF P£.rlÑS yL"VANrA COUNTY OF POTT£.R "'~NG 1nIIrunwft_ ~1Id ...:1_ lei _ me.... a'1.r. daY at . 19 ,~ . by ~: L\. L..J :3'. ~"1 (HarM of G...... Partnet) or (State t6 Cøunay) Umlled . S (S~ .ø ~UJ :!.: c := c:r.t N .."" . U1 C'J -<'F- .0 ,." S ~QCI ""G'1\ . . tÞ ~Ut - - ø o ~~ r ø~ , ~ : 0#0 '. , , . . , . " -., .-.--- e'. . .-. . .--- ---..... __I 08/29/95 TOE 15:21 [TX/RX NO 5897] - -. --. - - --- --.-- -...- - --.. --- ---- ;, 6 SENi BY: ; 8-29-95 :11:32AM i ~ I. Pgh 58~h Floo~ . . . 4.·. ... . .. '.. . . . " . . . .. . . "~'DAVIT OF e.aPITAL co'" I MIRtmONS . . . BEFORE MS, the unde"aned, persanaJly eppe... "":~. {(~. oS . B QenerIII partner ar-tua!er.h~~1dt10" LbatteIJ '.,(,1:uel.'''''') . Delaware . . . . partneral'dp, hereinafter rniTed to .. the ·Partnel'&hip·, who CIIrtIfteš as foIIow8: 1. The amount or capftBI canrrfbudonl of the ImIted ..,.,... fa S l.ooa.oo . 2. The anIIc:Ip&t8d amount d the capit¡d c:cntrIbutions of the IImItIId partne... that are 8110· Cllted far the purpos. of 1ranIIIctIng busine. In Rorlda Is S 1. aDO _ 00 . ThIs ~&.( ~ ~of A,,~u&t . 1121· . FURTHER AFFIANT SAYE11f NOT. Under penalties or J*jgy I dedar8 that I haw read the foregcdng and "'at the facia are1rUe. to the best of my Icnowtøclge '..s beler. ::J 'tA ::C(lt -,.., ~C") !: ~~. . en c.... . ~ '1'\C~ c.n C":I~~ . ~etc:l ¡; "'0,"", -e~ . , .~ =~£: ' ë5~ ~ en OAT! ..ls.. ~ . . BEFaRE ME. the undØgned arnClt, . NOIIIy Public &IthorIzed to IIdmInl8ter 0'" .rid 10 ~~ far" SlIde _ Ccu'Iy HlfarIh.tlove, pIII'IGtI8IIy ~ . _. s (G8nIIf1II P8rtnw. knawn to me and know by me to be pnon. the far.golng Nndavlt of CøpIIaI CantrIbutionII. and he .etc- nwIedged to me end before me 1h8t he eøcuted 1hiI AtIIdavft as Gene,. PatIner at S8id per1nenlhlp. IN WHfTNESS WHEREOF. I have hereWIID .. my h8nd end ~ed ffrl ofIic:ìal seal. in the State and Caunty 1IforesaId. this d.4 "ÓI day of ~ ~ u s T· , 11...«) ~.. ~ . . . ~..J :<~ ..... ...ß . __ or ~ '^-'-y \,,11. "'; .. ..... UVa.M.............., . iiJ '1- ¡q. "'j ~_.., . . .. , ----..- . ---__.._."_.____- -q ~..'~'" ~ ..-_. . ........ 08/29/95 TUE 15:21 [TX/RX NO 5897] --if) , /1' ~ ¡' .': þ"c..,~ ~'I\M-/, \_""'"'" . . .t1« ADELPHIA RECEIVED CABLE COMMUNICATIONS AUG 2 9 1995 LEGAL DEPARTMENT CITY M~'" U~':" /')Hìl;i:. RANDALL D. FISHER GcncraJ Counsel - JOHN B. GLICKSMAN ATIlENAJAMESSON LESLIE J. BROWN RHONA S. ALTER August 25, 1995 VIA CERTIFIED MAIL P 835403146 Mr. David T. Harden, City Manager City of Del ray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Re: Leadership Acquisition Limited Partnership Bond as Required in Franchise Agreement with the City of Del ray Beach, FL Dear Mr. Harden: Enclosed please find Bond No. BLR1595822 in the amount of Seventy Five Thousand ($75,000) Dollars. This bond is being provided by Leadership Acquisition Limited Partnership as required in Section 10-6 of Ordinance No. 156-86. Should you have any questions concerning the enclosed, please don't hesitate to contact the undersigned. Sincerely yours, Cb: .¿1 ~Iyn D.: ezik Legal Assistant --- . - Enclosure '¡-'" :"2~' --- I Dt' Co , ¡ .¡ 1,1 cc: David Baker, Esq. (w/enc) @I U" ~ AUG 2 9 1995 Earle Hayes, InsurancelRisk Manager (w/enc) Colin Higgin, Esq. (w/out enc) :1 ¡' IU ~~--_.- J I C:IDATAIWP\QENERAL.CORIDELIlA YBD,LTIl 5 West Third Street, Coudersport, PA 16915 Office: 814-274-9830 Fax: (814) 274-7782 Adeiphia is an equal opportunity employer 'IHIS roÆR OF A'tIœNEY MAY NOr BE usED 'Ì'O EXECUTE ANY BŒD wrm AN OCEPTICN DATE AFTER 4/25/98. " The Hanover Insurance Company POWER OF ATTORNEY CERTIFIED COpy KNOW ALL MEN BY THESE PRESENTS: That THE HANOVER INSURANCE COMPANY. a cllrporatioll organized and exi~ting under the laws of the Stale of New Hampshire. doe" hereby constitute and appoint - William G. Franey, Kenneth W. Roberts, John R.Muha, II, Brenda L. Patterson, Shirley A. Harkins, Douglas R. Sauer and/or Michael S. Olive - of Lanham, Maryland and each is its lmë and lawful AUorney(s)-in-facl to sign. execute, seal. acknowledge and deliver Cor. and on its behalf. and as its act and deed, at any place within the [nited States, or. iC the following line be filled in, only within the area therein designated any and all bonds, recognizances, undertakings, contracts of indemnity or other writings obligatory in the nature thereof, as follows: - Anysut:h 9hligations ,in the UniteriStates, in any amount, - And said Company hereby ratifies and confirms all and whatsoever said Attorney(s)-in-fact may lawfully do in the premises by virtue of these presents. This aspointment is made under and by authority of the following Resolution passed by the Board of Directors of said Company at a meeting hel on the seventh day of October. 1981, a quorum being present and voting, which resolution is sliJI in effect; "RESOL VED. That the Preøident or any Vice Preøident. in conjunction with any Assistant Vice President, be and Ihey are hereby authorized and empowered to appoint Attorneys-in·fact ofthe Company. in its name and u its acts. to execute and acknowledge forand un its behalf as Surety any and all bonds., rec~izances, contracts of indemnity. waivers of citation and all other writin~ obligatory in the nature thereo£. with power to attach thereto the seal of the ompany. Any such writinr so executed by such Attorneys-in-fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly e ected "mcers of the Company in their own proper persons:" IN WITNESS WHEREOF, THE HAl'lOVER INSURANCE COMPANY has caused these presents to be sealed wilh its corporate seal. duly attested by its Vice President and its Assistant Vice President. this 25th day of April 19 95 THE HANOVER INSURANCE COMPANY C;;¡'VV~Ä7 Yrt~; ~~~. o...lssÍ$:an: Jlice P¡csiàè::.: t 55. COUN On this 25th day of April 19 95· . before me came the above named Vic~~~~e$ide~.l.~nd Assistant Vice President of The Hanover lnsuran~e ~ompany, t~ me personally known to be the individuals and officers cjptê b~"~~'<ind acknowledged that the seal affixed to the preeedl, Ißstrument IS the corporate seal of The Hanover Insurance Company .. ,. ~RfiÇforate seal and their signatures as officers were uly affixed and subs . d to said instrument by t e authurity ani! ( . 'I.~~","mti.n. . V CJCj .. <~«'~ .-4 j). \"* c ~e~ A. -:r.: ª ]Votary Public "to .. .....c..r~/.. ¡ My Commission Expires April 29, 1999 \0.;. thtí ~~4.Assistant Vice Presidenl of The Hanover Insurance Company, hereby certify that the above and foregoinf, is a hili, .~: ~ ..~'Y of the Original Power of Attorney issued by said Company, and do hereby further certify that the said Power 0 Attomey IS S p,. fn~-.an effect. . This Certificate mlly be signed by fascimile un'der and bv authority of the following resolution uC the Bllard IIf Directors of The Hanclver Insurance Company at a meeling held on the 7lh day of October, 1981 - RESOLVED. That any and all Pllwenlllf AUnrney. and Certified Copie, nf ~uch Pllwers IIr AUnrney and certificatiun in n·~pt"ct Ih"l'('tll. (!;ranlell an,J execllte' b~' the P......i.lent or any Vice Pre.idenl in cllnjllnctiun with an\' :\~~i..tant Vicc Pre.ident nftheCllml'anv ~haU h.. h;lIllill/\ uO the Cumpany tlllh,' ....1111' exlt'nt a... if all ~ignatllre.· therenn were lIIanually affixed "ven ihllll~h line IIr nUlre IIf allY ..neh "¡platu;"'" Ihen·un may hI' fac.imil,,:" day ",GIVEN "";';;;s~nd ond the .eal ,,'¡::;d ~5"'..ny, at W"",,,..,, "~~ch....t... th~ ¿ ß ~¿;.;:. /¿ý :/ ,If! c; ~ í.'-Z: I FORM 111-()4Q2 NS 14/86) A.~.~i.~tl/trl Vin· Pr,',~itl"l/t I ' The Hanoverln.urance Companies I [l The Hanover Insurance Company 0 Massachusetts Bay Insurance Company FRANCHISE BOND Bond No. BLRl595822 Know all men by these presents, That Leadershi1) Acauisition Limited"Partnership as Principal, and :a THE HANOVER INSURANCE COMPANY, a corporation ofthe State of New Hampshire, 0 MASSACHUSETTS BAY INSURANCE COMPANY, a corporation ofthe Commonwealth of Massachusetts. having its executive office in Worcester. Massachusetts as Surety, are held and firmly bound unto City ot De1ray Beach. 100 NW 1st Avenue. Delray Beach, FL JJ444 hereinafter referred to as Obligee in the penal sum of Seventy Five Thousand and 00/100---- --------------------- ($ 75.000.00 ) for the payment of which, well and truly to be made. we bind ourselves, our heirs, executors. administrators, successors and assigns, jointly and severally, firmly by these presents, the liability of the Surety being limited to said penal sum regardless of the . _, number of years this bond remains in force or is renewed, of the number of premiums that shall be payable or paid. the number of Subscribers to the system and/or legal fees which may be required and incurred. WHEREAS, the Obligee has granted a franchise to Principal to use the public streets and places within the Municipality to transmit and distribute electrical impulses through an open line-coaxial antenna system for television receivers located within said City ot Delray Beach NOW THEREFORE, the condition of this obligation is such, that if the above bound principal shall faithfully perform. well and truly observe and fulfill the terms and conditions ofthe franchise. then this obligation shall be null and void; otherwise, it shall remain in full force and effect until terminated or cancelled. PROVIDED, HOWEVER, it shall be a condition precedent to any right of recovery hereunder, that in event of any default on the part of the Principal. a written statement ofthe particularfacts showing the date and nature of such default shall be immediately delivered to the Surety by certified mail at 440 Lincoln Street. Worcester, Massachusetts 01605. AND PROVIDED FURTHER that no action, suit or proceeding shall be had or maintained againstthe Surety on this instrument unless the same be brought or instituted and process served upon the Surety within twelve months after an act of breach or cancellation of this bond ortermination of said franchise. whichever occurs first. This Bond may be terminated or cancelled by Surety by giving thirty (30) days prior notice in writing to Principal and said Obligee, such notice to be given by certified mail. Such termination or cancellation shall not affect any liability incurred or accrued under this Bond prior to the effective date of such termination or cancellation. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 21st day of A1IfDI"t. . 1 9 9'i WITNESS: Leadership Acquisition Limited ~ _W10 IS"'I (Princ,p.l) . '., I.~ By¿Jß.¡Jf&,¡=~ / Approved and Accepted by: 'J(¿tv (!U4,Ü,:Ì.Ù'J:. f #../ jz"'JA~ (Totl.' / Þ. 7-, í' /l.z,l41..£..t/ QÞligH !XI THE HANOVER INSURANCE COMPANY o MASS .~YSETTSBAYINS RANCE COMPANY Till. e.,. ;~d~ .~ Resident Agent Roriald E. Parr. Palm Beaè1rGardens. FL JJ420 FORM 181·1079 NS 18/811 ......-..- .."'1............... . Cc!.: ~ 1lJ~1l ~« ADELPHIA CABLE COMMUNICATIONS LEGAL DEPARTMENT RECE\VEO RANDALL D. FISHER AUG 2 9 1995 General Counsel - JOHN B. GLICKSMAN CITY MM~', ~~:-:'~ (\ÇFICr. AmENAJAMESSON LESLIE J. BROWN RHONA S. ALTER - August 28, 1995 .~ - ----, - , -.-. , ' '.' 1\ ;Þ1JG 29,1995 ' . i VIA FEDERAL EXPRESS i I~~~ . -- ...--- ~u_~_ -- Mr. David T. Harden, City Manager City of Del ray Beach 100 N,W. 1st Avenue Delray Beach, FL 33444 Re: Leadership Acquisition Limited Partnership Certificate ofInsurance Number S8314/M8306 Dear Mr. Harden: Pursuant to Section 10-6 of Ordinance No. 156-86 dated July 14, 1987 grantinga non- exclusive cable television fÌ'anchise in the City of Del ray Beach, Florida, please find the above- referenced certificate of insurance. Should you have any questions concerning the enclosed, please don't hesitate to contact the undersigned. Sincerely yours, , î:f:c If ¥ Legal Assistant Enclosure cc: David Baker, Esq. (w/enc) Earle Hayes, Insurance/Risk Manager (w/enc) Colin Riggin, Esq. (w/out enc) C:IDATAIWPlGENERAL,CORIDELRA YCR..LTR 5 West Third Street, Coudersport, PA 16915 Office: 814-274-9830 Fax: (814) 274-7182 Adelphia is an equal opportunity employer ., ',' At......'·, ....... EBI I FICJ.\.....E ·ÐEINSI..JR~MG ,E·,·,·",······,·,',·,',·,·,',·,···,·····,·,,·,·,·,',.... ISSUE DATe (MM/DD/YY) t .. '.' , ..... ....... ,.. .'~:}:\./" '.'. "...... .... '. '.. .. ,.,. ..... >:,),,:H.,.;):,:':::':~:~~::~::~':":~':::;::::'::::::I::~'::::::::::~:::::::~:~:::::::::::;:::::::;:::~~:::~:¡:¡~:~:::::¡:¡¡:: 08 / 24 / 9 5 PRODUCER THIS CERTIFICATE IS ISSUED A MATTER OF INFORMATION NLY AND Wharton/Lyon & Lyon CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE 101 s. Livingston Avenue DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Livingston, NJ 07039 COMPANIES AFFORDING COVERAGE E~~~NY A Royal Insurance Co. E~.wJ¡NY B Federal Insurance Co. INSURED Leadership Acquisition Limited E~~~NY C Partnership d/b/a Adelphia Cable Communication E~.wJ¡NY D P.O. Box 472 Coudersport, PA 16915 E~.wJ¡NY E THIS IS TO CERTFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO AlL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, co TYPE OF INSURANCE POUCY NUMBER LlCY E)CptRATlON LIMITS LTR DATe(MM/DD/YY) A GENERAL UABIUTY PTS439022 05/16/95 05 / 16 / 9 6 GENERAL AGGREGATE .2 000 000 DMMERCIAL GENERAL LlABILI PRODUCTS·COMP/OP AGG. .2 000 000 LAIMSMACE [J[]OCCUR. PERSONAL & ADV. INJURY .1 000 000 I WNER'S & CONTRACTOR'S PROTo EACH OCCURRENCE .1 000 000 ¡ .1 000 000 j FIRE DAMAGE (Anyone lire) MED.ÐCPENæ (Anyone · 10 000 B AUTOMOBILE UABILlTY PTS439023 05/16/95 05/16/96 COMBINED SINGLE '1 , 000 , 000 X ANY AUTO LIMIT ALl. OWNED AUTOS BODIL Y INJURY · SCHEDULED AUTOS (per person} X HIRED AUTOS BODILY INJURY · X NON·OWNED AUTOS (per accident} GARAaE LIABILITY PROPERTY DAMAGE · A EXCESSUABILlTY 79702671 05/16/95 05/16/96 X UMBRELLA FORM OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION AND · eMPLOYERS' UABIUTY DISEASE·POLICY LIMIT · DISEASE-EACH EMPLOYEE S A OTHER PROPERTY PTN439026 05/16/95 05/16/96 SPECIAL FORM DESCRIPTION OF OPERATlONSlLOCATlONSlVEHICLESlSPECIAL ITEMS City of Delray Beach is included as Additional Insured regarding General Liability coverage :~ffl.ÇAm~~:,:{m.\:::://:):-'::::·,):, /,::<:/:: U)::i/ :,:,):/iCANCELtATION' .. ;..",::::: A:,;.)f: '):·:.::·,,:,.,',.:.~<..,:::.:::;::::,:::,;;:,::.t::;:::.::;:::;:;:;::.::':':}://~~?\:;}:..::?:::::::~::.j::::~: SHOULD ANY OF THE ABOVE DESCRIBED POLICES BE CANCEUED BefORE THE EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL ENDEAVOR TO City of Delray Beach MAIL ~ DAYS WRITTEN NOTICE TO THE CERTFICATE HOLDER NAMED TO THE 100 N.W. 1st Avenue ,... lEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBUOATION OR .... Delray Beach, FL 33444 ........ LIABILITY OF ANY KIND UPO . E COMPANY, ITS AGENTS OR REPRESENTATIVES. .... / bè¿¿,I=:Z;: )i::·':/PXR).ØAêòRóCóRPóAAiìöi1Hi .. PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND Wharton/Lyon & Lyon CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE 101 s. Livingston Avenue DOES NOT AMEND, EXTEND OR AlTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Livingston, NJ 07039 COMPANIES AFFORDING COVERAGE E~~~NY A Legion Insurance Company INSURED E~~~Y B Leadership Acquisition Limited E~~~NY C Partnership d/b/a Adelphia Cable Communication E~~~NY D P.O. Box 472 Coudersport, Pa. 16915 E~~~Y E THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD i INDICATED, NOTWITHSTANDING AHV REQUIREMENT. TERM OR CONDITION OF AHV CO~CT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRElED HEREIN IS SUBJECT TO All THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, CO TYPE OF INSURANCE POUCY NUMBER LICY EXPIRATION UMITS 11" DATë(MM/DD/YV) GENERAL UABIUTY GENERAL AGGREGATE $ OMMERCIAL GENERAL LIABILI PRODUCTS-COMP/OP AGG, $ LAIMSMAŒ DOCCUR. PERSONAL" ADV. INJURY $ WNER'S" CONTRACTOR'S PROTo EACH OCCURRENCE $ FIRE DAMAGE (Anyone fire) $ IvED.E>G"Ef'E (Ally one per $ AUTOMOBILE UABIUTY COMBINED SINGLE $ ANY AUTO LIMIT ALL OWNED AUTDS BODIL Y INJURY $ SCHEDULED AUTOS (per person) HIRED AUTOS BODIL Y INJURY $ NON-OWNED AUTOS (per accident) GARAGE LIABILITY PROPERTY DAMAGE $ EXCESS UA81UTY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE , OTHER THAN UMBRELLA FORM A WORKER'S COMPENSATION WC1020064 05/16/95 05/16/96 AND EACH ACCIDENT $500 000 !MPLOYERS' UABIUTY DISEASE·POLICY LIMIT $500 000 DISEASE ·EACH EMPLOYEE ,500 000 OTHER DESCRIPTION OF OPERATlONSlLOCATIONSl'ÆHICLESlSPECIAL ITEMS :~RU~1!:r!9~6;.·::'):{::<):':: : ·'·:i,:::{·:/:> ::t\:/ :::it{.:};¢M~1'IQ".\.i:r::::::(::::::::::{:}?;{\}. i> :·:··::::t:\:::;::\,:::/,:::.::':::.::.\i..i:::::;r:::::L::::;:'::::::'::::':":{: SHOULD ANY OF THE ABOVE DESCRIBED POLICES BE CANCEL.ŒD BEFORE THE EXPflATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO City of Delray Beach MAlllL DAYS WRITTEN NOTICE TO THE CERTFICATE HOLDER NAMED TO THE 100 N.W. 1st Avenue .... LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHAll IMPOSE NO OBlIGATION OR Delray Beach, FL 33444 lIABILITY OF ANY KIND UPON E COMPAHV, ITS AGENTS OR REPRESENTATIVES. , , {'s83îsÎMáaós': =:.':' .... . :::PXRfj·ÂêðRòêóRPôRATíðÑ(1ii1f '" . ~ RECEIVED £IT' DF DELRA' BEA£H AUG 2 9 1995 CITY Mð'" ~~".,.. "tT/t' . ,,/- CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444 FACSIMILE 407/278-4755 Writer's Direct Line: (407) 243-7090 DElRA Y BEACH f LOR I D A t&e:d AII·America City MEMORANDUM " II t! DATE: August 28, 1995 1993 TO: City Commission FROM: David N. Tokes, Assistant City AttO$ SUBJECT: Acceptance of 12' Sanitary Sewer Easement, Greenbrier Drive David Wolfe and Sharon Browne The attached Easement Deed is being granted to the City by David Wolfe and Sharon Browne. The 12' sanitary sewer easement will run along the south boundary of their property, The City will install a sanitary sewer within the easement. Acceptance of the Easement Deed is recommended. If you have any questions, please call. DNT:smk Attachment cc: David T. Harden, City Manager Alison MacGregor Harty, City Clerk Matt Rier wolfe.dnt ® Printed on Recycled Paper g.G. ," .--- _._.""-, ...,....._~...-_'" . . ., Prepared by: RETURN: David N. Tolces, Esq, City Attorney's Office 200 N,W. 1st Avenue Delray Beach, Florida 33444 EASEMENT DEED THIS INDENTURE, made this ~h day of 1AL.: , 1992, between bA.t\[) 'I4a\..f~ .M.,þ 2MÞotJ &--NtJ ~\C w,Fs- ,partie of the first part, and the CITY OF DELRAY BEACH, FLORIdA, a municipal corporation in Palm Beach County, State of Florida, party of the second part: WITNESSETH: That the party of the first part, for and in consideration of the sum of Ten ($10.00) Dollars and other good and valuable considerations to it in hand paid by the said party of the second part, the receipt of which is hereby acknowledged, does hereby grant, bargain, sell and release unto the party of the second part, its successors and assigns, a right of way and perpetual easement for the purpose of: installation and maintenance of public utilities with full and free right, liberty, and authority to enter upon and to install, operate, and maintain such utilities well under, across, through and upon, over, under or within the following described property located in Palm Beach County, Florida, to-wit: DESCRIPTION See Exhibit "A" attached hereto Concomitant and coextensive with this right is the further right in the party of the second part, its successors and assigns, of ingress and egress over and on that portion of land described above, to effect the purposes of the easement, as expressed hereinafier. That this easement shall be subject only to those easements, restrictions, and reservations of record. That the party of the first part agrees to provide for the release of any and all mortgages or liens encumbering this easement. The party of the first part also agrees to erect no building or effect any otl1er kind of constrw:.-t!oll or improvements upon tho:: abuve·describd property. It is understood that upon completion of such installation, all lands disturbed thereby as a result of such installation or spoilage deposited thereon, will be restored to its original condition or better without expense to the property owner. Party of the first part does hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever claimed by, through or under it, that it has good right and lawful authority to grant the above-described easement and that the same is unencumbered. Where the context of this Easement Deed allows or permits. the same shall include the successors or assigns of the parties. ., ..._.... ~._,.",_._...~'"......." _.'Fl'- .,. .........."".____.._..............__._...__.._ _.."....~,..."'-,"'_..- - "---.---'--- . -_._-~---... - .. .-.. IN WITNESS WHEREOF, the parties to this Easement Deed set their hands and seals the day and year first above written. PARTY OF THE FIRST PART: ..ðCVV1·cJ. 1J4 J:. båI-I\ ) ~U:~ (name printed or typed) (name printed or typed) ðj!'¥1f t?2n Q-b¡.oJ&~'.d... b/tl-J'E" (address) t:J¡\..AA1 ~At", 1='1.. 3344'S LOL\ I ~~ ~R.1(\'\A3:Z: (name printed or typed) .ikV¥1 ~ f ~¡.M~N BÞoWN (name printed or typed) %~~ l ~2.0 Gt:r#~e.R.\2f~ till"" ~ (address) \'I:fI..ÞAy ~AN I R. 3~ LcM ISf s,-~I-\"az. (name printed or t ed) STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before ~ this 20+'" day of , 199.5., by b\'I,h W(Á.r.~ C} S\.1A.~ ßl:bWM .\ who is personally known to me/or has produced ' (type 0 identification) as identification and who did (did not) take an oath. STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this - day of , 199_, by , who is personally known 10 me/or has produced (type of identification) as identification and who did (did not) take an oath. Signature of Notary Public-State of Florida 2 _. '.1..._.._--- . - . EXHIBIT "A" 12' UTILITY EASEMENT A PORTION OF LOT 8 WOODVUE (pLAT BOOt<: 37, PAGE 19) N DELRA Y BEACH, PALM BEACU COUNTY, FLORIDA LOT 9 , , 588 '54'3" "w 3~,OI { I I 1\ I . ~ . ~ '~~ I I '~ ~c4/4 '-I~ I~ ~I " /",,(,() , ~~ I ¿OT 8 ~ .~ ~ ~ I~I' ~ : r<) I ~.~ ~~ ~ I~I~ \fi. q ~ .,., ~ .~ I .... /2 . VI¡IiIt¡ éQ5e177enf ¡~: : ~c::" -..() 'V() I ~ N98'ð4'39/'E 305,'10 ' ~1~'I30'l_ ~ I 305, 8'1' \ 5ß8'51-'3q'W I I 5ou/h Una' Lei 8 ' (2,00 I . so/'os'V°t: '-OT 7 I LEGAL DESCRIPTION: TIlE SOlJI1l12.00 FEET OF LOT 8, WooDVUE, ACCORDING TO TIlE PLAT TIlEREOF AS RECORDED IN PLAT BOOK 37 AT PAGE 19 OF TIlE PUBLIC RECORDS OR PALM BEACH COUNfY, FLORIDA. SAID LANDS SITUATE WITIlIN THE CITY OF DELRA Y BEACH, PALM BEACH COUNfY, FLORIDA. CERTlFlCA TE: I HEREBY CERTIFY TIlA T THIS SKETCH AND LEGAL DESCRIPTION IS TRUE AND CORRECT TO TIlE BEST OF MY KNOWLEDGE AND BELIEF, AND MEETS TIlE MINIMUM TECHNICAL STANDARDS FOR LAND SURVEYING IN TIlE STATE OF FLORIDA, AS SET FORTH IN CHAPTER 61017-6, OF TIlE FLORIDA ADMINISTRATIVE CODE, PURSUANT TqSE ON 472.027 FLORIDA STATIITES, AS APPLICABLE FOR LEGAL DESCRIPTIONS. I !ßC ' AWCA7 fJwv 10 \ D. AVER DATED: JUNE 26,1995 PROFES§~ NAL SURVEYOR AND MAPPER FILE: MSPUB\SURVEY\14384.PUB FLORIDA STATE REG, NO, 3550 NOTES: I.) TIllS SKETCH AND LEGAL DESCRIPTION DOES NOT REPRESENT A FIELD BOUNDARY SURVEY ("THIS IS NOT A SURVEY"). 2,) BEARINGS SHOWN HEREON ARE ASSUMED AND BASED ON TIlE CENTERLINE OF GREENBRIER DRIVE HAVING AN ASSUMED BEARING OF NOI °OS'21"W AS SHOWN ON TIlE RECORD PLAT OF WooDVUE (pLAT BOOK 37, PAGE 19. SHEET 1 OF 1 SHEETS FILE NO. 9S-14384-S5 ~. Palm Beach County 310 Southeast First Street, Suite Four Delray Beach, Florida 33483 Heller - Weaver and Cato, inc. (407) 243-8700 (407) 243-8m Fax Engineers ... Surveyors ..' Planners (407) 732-2588 Palm Beach (305) 979-0550 Drownrd .. LINTON B L V D, L.W.D.D. . ¡:: I( ~ NOT TO SCALE ..- .. - ""'" \ ....[S I I CONDO ~ . 16 t ~ ~ PAA1S t THRU .. ..:JD,I'Q.1 i SAB-'l Pf<ES - i. ~t ~~ '!'i SloB......... 5.A8.Al PINE SOUIH SOU1H ... 0> PH.SE I - -- -- ~ ~ -. 0( S.W'.29It1 ~1t ~ II> DElR^'f 010<'3 0: ~ V ~ z -, - flRSl ...OOtTo. -, .. L. W. o. Þ. CON... Lþ"T£lI'M. '-JII . - - - LOCA TION MAP " MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM :# '??H - MEETING OF SEPTEMBER 5, 1995 FINAL PLAT/THE VININGS AT DELRAY BEACH DATE: SEPTEMBER 1, 1995 This is before the Commission to approve the final plat for The Vinings at Delray Beach, a replat of a portion of Tracts "B" , "C" and "D" of Laver's North, located on the west side of S.W. 4th Avenue, between Linton Boulevard and Egret Circle. All appli- cable permits have been received and staff comments addressed. Recommend approval of the final plat for The Vinings at Delray Beach. ~017 Cm~ Agenda Item No.: AGENDA REOUEST Date: AUQust 30. 1995 Request to be placed on: ~ Regular Agenda _____ Special Agenda _____ Workshop Agenda When: September 5. 1995 Description of item (who, what, where, how much): Approval of final boundary plat for The Vininas of Delrav Beach. All applicable permits have been received and staff comments addressed. ORDINANCE/RESOLUTION REQUIRED: YES~DRAFT ATTACHED YES~ Recommendation: Staff recommends approval of the final boundarv plat for The Vinin s of Delra Beach. Department Head Signature: Determination of Consistency with Comprehensive Pla 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 ~ #Â ~ #* µ--~µ ~ I Hold Until, ~jj:~~~n //1'0 ~ Agenda Coordinator Review: f ~ . Received: ~ Placed on Agenda: Action: Approved/Disapproved /agenda.kt DBDH830.KT DEPARTMENT OF ENVIRONMENTAL SERVICES MEMORANDUM TO: DAVID T. HARDEN CITY MANAGER FROM: DAN BEATTY, P.~~ CITY ENGINEER DATE: AUGUST 30, 1995 SUBJECT: FINAL BOUNDARY PLAT THE VININGS OF DELRAY BEACH - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Attached is an agenda request and supporting information for Commission approval of the final boundary plat for "The Vinings of Delray Beach". If acceptable, please place this item on the September 5, 1995 Commission Meeting for Commission approval. DB:kt Attachment File: The Vinings DBDH830.KT .. I I fi Illill; ¡I~ i~=iIS Ii! iill~~ ii I; il 1 I I I I I I II II ilil I I IlIi Iii! II. ë ',rdf¡: I iJ':!" ~ .1111111 I I' ." · I 'II· ". -, i ~.~ !~i~!~r~ ~lmHHlI'=Ir-~ ;5¡¡j ~ p II I" PI '. I" ~~ iJ I ' 13 II J I J . II' þ ~"þ i:tU ¡to( Cl rg liM U1r I' il 'I 11 ¡IIi ~ Ii i i 1111.. at , Iii II ·,1 II I(.~ ~ Ir I k f~ iI. I Ii ! m Ii 5: I r i ~I' ..¡ ti1 'Sr ' 11'1 II III I III ¡ I B 1" B "~ 'II II .1 ! ! ! ~ '15 ¡P:id ~ a'· j l II j i ! ¡'I : f 'Ii!. CI ~ ~ F-¡ ÞS I'; I¡ ii ~i ~ II ~ ~~I ~ ~ l!i! II ~ ! ~ i Þ; H" ~ ql I: I I ~ ~~b I; ijlltq Iii! ' i h i 11 !Ij Þ I ~! I &i ~.I Ji ill 11., . if:J I II II I I j II »~ ~ R: üiñI ,...,-0 ~~ ~ zo ~ 0'" c:::I '1!!''iP.'lllr ... n ï ~> I I'; , IU~~I~ -!: I' II I ~II I I i~ jl .1"""",,, 'Pf4!n.. -4 -0 I ;!; -----0 J¡I'~ ~~ I I I IIIIIIIHIII' III ~: I' ! 5 II j õz OJ::! I I!: I, i II" 11t~ I ! ~~ " ~ ,.. ~~o þ, '§ , j I!¡ ~ c .'" Z ~ ':I 11- o~ 0 I ~; ,I a P I ~ 4i t ~ Ii r .t= . ~ -i~ ;0 ""O"T(§J ~ oIIIt; , ! 'i=-- ~ ~ ~ ~ ¡f@ I r~' 'I' 1r.I1'fi " -- $' ill "0 U)> r 1 ·1' i ~ ~ ri I~ .' I'! -;;:I _tIt I.. ~~!'J ~ IF I 'I .1 J III 101. II-I' I ~ ~~~ :'~~ Ii j Ii ~ I~L~! al"sl' i'. . ¡1:>.: ~ U) : }" '1 lW -0» ~ ~ 5 þ; AI : © """"0 :~ ~ I IIIfI ¡ ~!I I !~IIII I !sj~ ¡ '~ ¡i I VI :I: ,1 111:1 IT! ~ · :i I I' - ~ 1 ~ 0 ! t. r ." II.> r!:if1 I VI I ¡ j :r IT! ~ VI III¡ . I ~i r II' II II l,J:,1 I I,.... §s ''j ~t I " 1(1 p ¡ I ~,I' ., . »~ ~ ~ [ññJ (TIìJ ~~~ I - - - - - - 20 ~ i - - O"'T) c:::I ~J> I i I ;¡; ~~ i I .11 CW -C;u @» ¡ ,i ñ z OJ::! i n~ ~~ t ~ ~ IF - J: - C:::fi ¡- .t~ ?~ 0 ~ ir' :tJ ìJ "'T) , . ~~ ~ ~ (§ Ilm~~ <D ~ ~ ¡ i 11 III/TI N~ i I ;~U:i: i OJ þ. ì ~-~ ~ ;i <D ~ .-Þ> <1 @]J . I i¡\g ìJ»~ ,"i ~ Ë5 ~ >-:t I' ~ ::o-© 1.,( '-' - ¡... 0 ,¡, ~~ lio ~ ,~ "~~ I ~ ..p. i ,\IS' I i i I ~~ ¡'"' N89'57"10"E 835.03' i i ill! 'ò <2~ i '\ ~'b \.. III I t~-,-~.;. ~~~ ~q.~ ~ \ (I) :I: ~~ /TI ~ -o..p. ;\ I'.) ,,~ 0 .. ~ "T . \ 'ð';' I'.) I -o~ " <;."'''~ (I) III :I: n \...~ 1"1 0 ~ ~ ii' ~ :~ (I) I ~ !~ R r IT'!! ~ t 0> 0 ,.i Itt' Z ~ II ~p I t I~d I ..1' .. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER t1t1 SUBJECT: AGENDA ITEM # '8'.:L - MEETING OF SEPTEMBER 5, 1995 FINAL PAYMENT/HAZEN AND SAWYER, P.C. DATE: SEPTEMBER 1, 1995 This is before the Commission to approve final payment in the amount of $1,063.97 to Hazen and Sawyer, P.C. for consulting engineering services under Service Authorization No. 15 for the 12 inch water main extension along N.E. 3rd Avenue, south of Atlantic High School. The Master Plan proj ect is completed and accepted for operation and maintenance. Recommend approval of final payment in the amount of $1,063.97 to Hazen and Sawyer, P. C. , with funding from the 1993 Water and Sewer Bond - N.E. 3rd Avenue Water Main (Account No. 440-5179- 536-63.58) . ~Ol) (b)~ .. - Agenda Item No. AGENDA REQUEST Date: 8/29/95 Request to be placed on: XX Regular Agenda - Special Agenda - Workshop Agenda When: 9/5/95 Description of item (who, what, where, how much): Staff requests Commission approval of fmal payment to Hazen and Sawyer, P.C. in the amount of $1,063.97 for consulting services provided under Service Authorization No. 15 regarding the extension of an 12" water main along N.E. 3rd A venue, south of Atlantic High School (PN 93-073). The project has been completed and accepted for operation and maintenance. All receivables due from the contractor and consultant are in hand. Payment will be made from P.O. #523052, funded by account #440-5179-536-63.58, 1993 Water and Sewer Bond, N.E. 3rd Avenue Water Main. ORDINANCE/RESOLUTION REQUIRED: YES~RAFT ATTACHED YES@ Recommendation: Staff recommends approval of fmal payment to Hazen and Sawyer in the amount of $1,063.97, aØc, & DEPARTMENT HEAD SIGNATURE: íf!Z-jA5 Determination of Consistency with Comprehensive Plan: City Attorney ReviewIRecommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available~O Funding alternatives ¡.J/Æ (if applicable) Account No. & Description lflfO--SI'71- 53 b -- 63,5$ ft913 ðo~ ~.., ~-ve. AÆ" 3~4Yt "v~ ) Account Balance .¡, I of. '3. 9'7 'Po ..þ- 7';;' 3Os.?- I A-v91,.,. /d;;{~>- 8(:>'«(9S' City Manager Review: Approved for agenda:6_~o [iL~ ) Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved " · R E C ~::: ! \l F f" MEMORANDUM AUQ 2, 1995 CITY MA~" ~-,'~ (WflCt TO: David T. Harden, City Manager FROM: Q,c% Richard C. Hasko, P.E., Deputy Director, Public Utilities SUBJECT: N.E. 3RD A VENUE WATER MAIN (PN 93-073 - FINAL PAYMENT TO CONSULTANT DATE: August 29, 1995 Attached is an agenda request with a final invoice from Hazen and Sawyer, P.C. in the amount of $1,063.97 for consulting engineering services provided under Service Authorization No. 15 for the extension of an 12" water main extension along N.E. 3rd A venue, south of Atlantic High School. The Master Plan project is completed and accepted for operation and maintenance. All receivables due from the contractor and consultant are in hand. Payment will be made from P.O. #523052, funded by account #440-5179-536-63.58, 1993 Water and Sewer Bond, N.E. 3rd A venue Water Main. I am requesting that you place this item on the September 5, 1995, regular Commission meeting agenda for their consideration. RCH:c1 cc: William H. Greenwood Victor Majtenyi File: 95-073(D) -, .. - . . . 93 -O?3(r) ~ HAzEN AND SAWYER· Hazen and Sawyer, P. C, 2101 Corporate Blvd, Boca Raton, FL 33431 Environmental Engineers & SCientistsl CITY OF DELRA Y BEACH 407997-8070 Fax 407 997-8159 I ENVIRONMENiAL SERVICES DEPARTMENT I PAYMENT R::VIEW '::..; ~.PPROVED ~RTIAL PAYMENT ':J NOT AFPROVED FINAL PAYMENT August 10, 1995 1'.0.#: ''S231J;;{ BUDGET ACCT.'" Á¡Wl- 'SíM- S""3(;-63. 8 CITY OF DELRAY BEACH 8y: ACCOUNTS PAYABLE 100 Northwest First Avenue (StGNATUAE) Delray Beach, Florida 3344 ~PAINT) . D<\T;:-: ~ (( I fS 4406 ProJect No. 93-73--------------,----'-___-ö~~LJQb No: Purchase Order No. ~ INVOICE NO. 13 Task Order No. 15 ' ...................................................................... ....................................................................... . NE 3RD AVENUE WATER MAIN For providing preparation of specifications, contract drawings, permit applications, cost opinion, and part-time residence services during construction for 12-inch Water Main Extension along N.E. 3rd Avenue/ Dec~rie Street. For the period ending July 31, 1995. CONTRACT AMOUNT 34,121.00~ AMOUNT EARNED THIS PERIOD 1,063.9~ AMOUNT PREVIOUSLY EARNED 33,057.03 AMOUNT REMAINING 0.00/ RECE\VE.D .~~ ~99S ~.A .~,1\ .,.. ~ct\1U~l'~\ ~~~ fÜ~tt '~ "';; ',' . v New Yorle, NY . Armonk, NY . Upper Saddle River, NJ ' RaleiOh, NC . Cha~otte, NC ' RIChmond, VA . Hollywood, FL . Boca Raton, FL ' Fort PIerce, FL . Jupiter, FL ' Miami, fL ' Booota, D.E. Colombia '" MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM # <;IJ - MEETING OF SEPTEMBER 5, 1995 FINAL PAYMENT/HAZEN AND SAWYER, P.C. DATE: SEPTEMBER 1, 1995 This is before the Commission to approve final payment in the amount of $1,766.52 to Hazen and Sawyer, P.C. for consulting engineering services under Service Authorization No. 11 for the extension of an eight inch sewer collection system along Homewood Boulevard between Highland and Atlantic Avenues. This project has been completed and accepted for operation and maintenance. Recommend approval of final payment in the amount of $1,766.52 to Hazen and Sawyer, with funding from the 1991 Revenue Bond - Water and Sewer Engineering/Architect (Account No. 447-5175-536-36.30) . ~ on éo )f.L2j//¿f- " Agenda Item No. AGENDA REQUEST Date: 8/29/95 Request to be placed on: XX Regular Agenda - Special Agenda - Workshop Agenda When: 9/5/95 Description of item (who, what, where, how much): Staff requests Commission approval of final payment to Hazen and Sawyer, P.C. in the amount of $1,766.52 for consulting services provided under Service Authorization No. 11 regarding the extension of an 8" sewer collection system along Homewood Boulevard between Highland Avenue and Atlantic Avenue (PN 93-030). All receivables due from consultant are in hand. Payment will be made from P.O. #518388, funded by account #447- 5175-536-36.30, 1991 Revenue Bond, Enclave W&S Engineering/Architect. The remaining balance of $4,719.29, may be liquidated to the funding account. ORDINANCE/RESOLUTION REQUIRED: YES~RAFT ATTACHED YE@ Recommendation: Staff recommends approval of final payment to Hazen and Sawyer in the amount of $1,766.52. QJl. t2 DEPARTMENT HEAD SIGNATURE: ~/l-~ If) Detennination of Consistency with Comprehensive Plan: City Attorney ReviewIRecommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding availabl~O Funding alternatives II/A (if applicable) Œ Account No. & Description Lftf7- 5Y7 --51£ -51. 3D 1e1l b()tJJ, v..lA-æe- 'H~J E'r./C{ Æt¿cth7?;Pf) Account Balance i¡. 6 if';ss;; R-I 'Pi>=tÞ 37 g31Œ' ~& ç:1?ti /q) City Manager Review: Approved for agenda: ~O 0'-/ Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: ApprovedIDisapproved " · RECEIVED MEMORANDUM AUG 2 \) 1995 CITY Ml"" - -"-. nr:f ICE TO: David T. Harden, City Manager ~~ FROM: Richard C. Hasko, P.E., Deputy Director, Public Utilities SUBJECT: HOMEWOOD PARK SANITARY SEWER EXTENSION (PN 93-030) - FINAL PAYMENT TO CONSULTANT DATE: August 29, 1995 Attached is an agenda request with a final invoice from Hazen and Sawyer, P.C. in the amount of $1,766.52 for consulting engineering services provided under Service Authorization No. 11 for the extension of an 8" sewer collection system along Homewood Boulevard between Highland A venue and Atlantic A venue. This project has been completed and accepted for operation and maintenance. All receivables due from the contractor and consultant are in hand. Payment will be made from P.O. #518388, funded by account #447-5175-536-36.30, 1991 Revenue Bond, Enclave W &S Engineering! Architect. The remaining P.O. balance after final payment is $4,719.29, which amount may be liquidated to the funding account. I am requesting that you place this item on the September 5, 1995, regular Commission meeting agenda for their consideration. RCH:cl cc: William H. Greenwood Victor Majtenyi File: 95-030(D) ., ,~- C1~O (r) . , / HAzEN AND SAWYER Hazen and Sawyer. P. C, -12101 Corporate Blvd, Environmental Engineers & Scientists Boca Raton, FL 33431 CITY OF DELRA Y BEACH 07997-8070 ax 407 997-8159 ENVIRONMENTAL SERVICES DEPARTMENT PAYMENT R~VIEW [J ."""aVED ~'LP'YMENT o NOT APPROVED FINAL PAYMENT August 10, 1995 P.O.#: " . S"J838 & BUDGET ACCT.#· If '1':7 - 5115 - >3' - .st· 30 CITY OF DELRAY BEACH By: ACCOUNTS PAYABLE (SIGNATURE) 100 Northwest First Avenue Delray Beach, Florida 33444 1 DATE: ~¡;1<¡5 Project No. 93-030 . ,-------..-,·-----H&SIJõ1')'"No: ·4158 Purchase Order No. ~ INVOICE NO. 11 Task Order No. 11 . ......... ........... ............. ....... .... ....... ............... ..... . .... ....... .... .......................... .... ... ................. ...... HOMEWOOD PARK For providing surveying, engineering, permitting, bidding and construction services for sanitary sewer service to Homewood Park as per Contract dated May 27, 1993. For the period ending July 31, 1995. CONTRACT AMOUNT ~ 34,262.00 AMOUNT EARNED THIS PERIOD /: ~,766.52/ AMOUNT PREVIOUSLY EARNED 27,776.19 AMOUNT REMAINING ./ 4,719.29 RECEIVED _11~ . - ACCOUNTS PAYf"BlE New York, NY , Armonk, NY . Upper Saddle Rlyer, NJ . Raleigh, NC . Charlotte, NC . Richmond, VA . Hollywood, FL . Boca Raton, FL . Fort Pierce, FL . Juprter, FL . Miami, FL . Bogota, D.E. Colombia "I " MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM # <g K - MEETING OF SEPTEMBER 5, 1995 CLOSEOUT CHANGE ORDER NO. 1 AND FINAL PAYMENT / INTERCOUNTY ENGINEERING, INC. DATE: SEPTEMBER 1, 1995 This is before the Commission to approve Change Order No. 1 (Final) in the amount of $3,467.17, and request for final payment in the amount of $7,548.05 to Intercounty Engineering, Inc. for the School Site "S" Lift Station 59E project. The Change Order includes miscellaneous changes required to complete the new Lift Station, including revisions to the driveway access and perimeter fencing, tie-in revisions to the school gravity sanitary system and off-site force main, installation of PVC sleeves for future irrigation use, and installation of a step-down electrical transformer to convert power from 480 volts to 240 volts. Recommend approval of Change Order No. 1 (Final) in the amount of $3,467.17, and request for final payment in the amount of $7,548.05 to Intercounty Engineering, Inc., with funding from School Site "S" Lift Station - Force Main (Account No. 441-5181- 536-69.15), through budget transfer from School Site "S" Water Main (Account No. 441-5181-536-69.16). Agenda Item No. AGENDA REQUEST Date: August 28, 1995 Request to be placed on: X Regular Agenda special Agenda Workshop Agenda When: September 5, 1995 Description of item (who, what, where, how much) : Staff request City Commission approval of Change Order #1 Final, to Intercounty Engineering, Inc. for the School site "s" Lift station 59E. The Change Order includes miscellaneous revisions required to complete the new Lift Station. They include driveway access and perimeter fencing as requested by the School Board; miscellaneous tie-in revisions to the School gravity sanitary system and off-site force main; installation of PVC sleeves for future irrigation use; and installation of a step-down electrical transformer to convert power from 480 volts down to 240 volts at station. Net amount for the Change Order is $3,467.17. Request is also made to approve final payment to Intercounty Engineering, Inc. in the amount of $7,548.05. Funding is from account number 441-5181-536-69.15 (School site "s" Lift Station/Force Main) in the amount of $3,467.17 as transferred from account number 441-5181-536-69.16 (School site "s" Water Main). ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff requests a of Change Order #1 Final Payment to Intercounty Engi 1\ 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:~NO Funding alternativesN/~ ' (if applicable) Account No. & Description Lft.¡j- '7lk/- 53/. - 6'7.1.5~( WA-7!:~-I S;CVt:l2. Sê~L SITE'S Account Balance;' '-108/)1 ~ ""PD. B/.,J, 73 ' """FT/Fi;l!C.ç) ,. 3Lfb7. 17 (8/,.f~'l!T "rl.W.f/'þæ.. ~Hê:,--ð ) City Manager Review: gJ/NO çÆ:;;¡-~ 'i(lr;/7r Approved for agenda: ø1 Hold until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved Memorandum To: David T. Harden, City Manager From: Howard Wight, Dep Dir Construction DiViS~ Date: August 28, 1995 1\ . : J Re: School site's' Lift station 59E (93-32.1) Change Order #1, Final and Final Payment to Intercounty Engineering, Inc. Attached for Commission approval is an agenda request for closeout Change Order #1, Final to Intercounty Engineering, Inc. for the above referenced project. Approval is also requested for authorization of final payment to the contractor. Change Order #1, Final includes miscellaneous changes required to complete the new Lift station. They include revisions to the driveway access and perimeter fencing as requested by the School Board; miscellaneous tie-in revisions to the School gravity sanitary system and off-site force main; installation of PVC sleeves for future irrigation use; and installation of a step-down electrical transformer to convert power from 480 volts down to 240 volts at station. Net add amount for the Change Order is $3,467.17. Request is also made to approve final payment to Intercounty Engineering, Inc. in the amount of $7,548.05. A copy of the "Contractor's Performance Report" is attached for your review. Funding is available from Account No. 441-5181-536-69.15 (School Site'S' Lift station/Force Main) in the amount of $3,467.17 as transferred from Account No. 441-5181-536-69.16 (School site's' Water Main) . File: Memo to City Manager 93-32.1A A: 9453memo ". , CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE ORDER #1, Final PROJECT NO. 93-32.1 DATE: PROJECT TITLE: School Site "S" Lift Station 59E TO CONTRACTOR: Intercounty Engineering, Inc. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Miscellaneous revisions to Lift Station as per attached Schedule "A". SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT $179,544.00 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 0 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $179,544.00 COST OF CONSTRUCTION CHANGES THIS ORDER $ 3,467.17 ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $183,011.17 PER CENT INCREASE THIS CHANGE ORDER 1. 9% TOTAL PER CENT INCREASE TO DATE 1. 9% CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate. INTERCOUNTY ENGINEERING, INCORPORATED (Sign & Seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Environmental Service Department 441-5181-536-69.15 (School site "SIt Lift Station Force Main). DELRAY BEACH, FLORIDA by its city Commission RECOMMEND: By William H. Greenwood, Director Thomas E. Lynch, Mayor of Environmental Services ATTEST: APPROVED: By: City Attorney City Clerk ;·1 SCHOOL SITE "S" LIFT STATION 59E PROJECT #93-32.1 - CHANGE ORDER #1 SCHEDULE "A" Contract Item Description Totals I. Additional Items: Concrete Curb & Driveway Addition Per School Board $2,374.90 Requirements Tie-In of Existing Sewer Line (Not in Original Scope of Work) $2,562.60 Install New Water Line for Pressure Monitoring by Data Flow $1,275.51 Telemetry Expand Fence & Site Work Additions Per School Board $2,383.80 Requirements Installation of Water Meter (Not in Original Scope of Work) $100.00 Tie-In to Existing Force Main (Not in Original Scope of Work) $750.00 Two 6" x 20' and Two 2" x 20' PVC SCH 80 Sleeves For $250.00 Future Irrigation Step Down Transformer and Accessories to Convert from $4.170.36 480V to 240V Subtotal $13,867.17 II. Plus/Minus Adjustments to "Schedule of Contract Prices" 2. Video Allowance ($400.00) 3. Utility Allowances ($10.000.00) Subtotal ($10,400.00) Net Add Change $3,467.17 Order #1 Final '" ùl\ Iff1 [IT' DF DELAA' BEA[H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444 FACSIMILE 407/278-4755 Writer's Direct Line: (407) 243-7090 DELRA Y BEACH F LOR I D A ....... AII·America City MEMORANDUM " III! DATE: August 29, 1995 1993 TO: City Commission FROM: David N. Tolces, Assistant City Attorne~ SUBJECT: Settlement - Kersner v. City of Delray Beach In February, 1991 Mrs. Florence Kersner exited from the passenger side of her car onto the curb of North Federal Highway. She took a couple of steps and fell through a metal grate covering a City water meter. Mrs. Kersner p~t out her right hand to break her fall and fractured her right wrist. As a result of the accident, Mrs. Kersner was placed in a cast for 8 weeks and was unable to return to work for approximately 8 months. At this time, her wrist is slightly deformed, she has difficulty lifting objects, and can no longer perform her bookkeeping duties. Mr. and Mrs. Kersner filed suit seeking damages caused by the City's alleged negligence including medical bills, lost wages, and pain and suffering. The parties went to mediation and were able to agree on a settlement amount of $20,000.00 to cover all damages, costs and attorney's fees. Our office and the City's Risk Manager recommended acceptance of this settlement offer. Please call if you have any questions. DNT:smk cc: David T. Harden, City Manager 'lcÞ Alison MacGregor Harty, City Clerk (pµP Lee R. Graham, Risk Manager 6f1 Donna R. Woods, Claims Representative ~~\5\q~ kersnerl,dnt g,L. ® Printed on Recycled Paper ~ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER!f'J11 SUBJECT: AGENDA ITEM # i?1ìì - MEETING OF SEPTEMBER 5, 1995 RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION DATE: SEPTEMBER 1, 1995 This is before the Commission to ratify the action taken by the South Central Regional Wastewater Treatment and Disposal Board on August 31, 1995. By a vote of 6-0, the SCRWTD Board approved the expenditure of $3,936.50 ($1,968.25 from each City) from the Capital Assets Fund to purchase a new 1/2 ton pickup truck from Wallace Ford. The total amount of the purchase is $14,684, with the remaining balance of $10,747.50 coming from the insurance company. Recommend ratification of the actions taken by the South Central Regional Wastewater Treatment and Disposal Board on August 31, 1995. . . 01( . f'Jè1 September 1, 1995 TO: Dave Harden Enclosed is the Ratification that we discussed over the telephone. Would you please place this as an add on to your Agenda for the meeting of 9/5/95. Thanks. Robert Hagel '·1 ~ . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM # ?IN - MEETING OF SEPTEMBER 5, 1995 AWARD OF BIDS AND CONTRACTS DATE: SEPTEMBER 1, 1995 This is before the Commission to approve the award of the follow- ing bids and contracts: 1. Bid award to Southeastern Municipal Supply (SEMSCO) in the estimated annual amount of $20,302.42 (via Palm Beach County Contract) for water meter boxes and lids; with funding from 442-5178-536-52.31. 2. Bid award to Delray Garden Center in the amount of $45,000 for landscape maintenence for the Atlantic High School multi-purpose fields; with funding from 001-4131-572-34.90. 3. Bid award to Murray Logan Construction, Inc. in the amount of $88,000 for modifications to yard piping at Lift Station No. 50 located on Lowson Boulevard at the E-4 Canal, with funding from 442-5178-536-61.84, through budget transfer from 61.90, 61. 42, and 64.13. 4. Grant awards for the rehabilitation of two single family housing units under the CDBG Housing Rehabilitation program, to be awarded as follows: $17,388 for rehabili- tation at 718 S.W. 2nd Street to Pirst Choice Corporation, and an amount not to exceed $20,000 for rehabilitation at 202 S.W. 11th Avenue to Abisset Corporation. Funding is available from 118-1963-554-49.19. . Agenda Item No.: AGENDA REQUEST Date: Augus~ 11, 1995 Request to be placed on: X Regular Agenda Special Agenda Worksbop Agenda When: September 5, 1995 Description of agenda item (who, what, where, how much): Award Annll~l ~ontract for Meter Boxes & Lids via Palm Beach County Contract #q~-"1/PR to SEMSCO (Southeastern Municipal Supply) at a total estimated co~t o~ $20,302.42. Mptpr Roxes & Lids are inventor1ed 1n the Purchas1ng Warehouse. ORDINANCE/ RESOLUTION REQUIRED; Y2S/NO Draft Attached: YES/NO ( Recommendation: Rprommpnn Award to SEMSCO at an estimated annual cost of $20,'30?4? Department Head Signature: <' Determination of Consistency I City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding avallabl~: @ NO Fundlng alternatlves: . I(~f ap~~ '#-Account No. & DeSpl~ti~ ~I ~-S~.S2-3r V\Jõ;i1JL, . Account Balance: 5 ~ ALrï . /;-1 I. /' City Manager Review: Approved for agenda: tEsI NO l1f/l Hold Until: ~ Agenda Coordinator Review: Received: - , Action: Approved/Disapproved MEJv10:RÀNDU~1 TO: DAVID HARDEN. CITY HANAGER THROUGH: JOSEPH SAFFORD, FIl-JÞ.NCE DIPECTOR FRO!'l! : JANICE SLAZYK. BUYER ~ DATE: ÞJJGU:::T 11, 19 9 ~, SUBJECT: DOCU~1ENT.1.TI()N - CITY C:OJv1MrSSION MEETING SEPTEMBER 5, 1995 CONTPAC:T Þ.V'll>.RD i/IA PALM BEACH COUNT'{ CONTPÞ.C:T - BID #9~¡-113../PF: - I,YÞ.TEP ~,ŒTER BOZES E~ LIDS ANl-·JUAL CONTRACT Item Before City Commission: The Ci t,:/ Commission IS requested tel mõ.ke ð.T....l ë\ r d. '¡',-, ;::ElvlSC:cJ I...~) ( :::ou t heas t er n Jv1unicipal Supply) \l ia. Palm Beach Cc¡un t'J.l B i ,4 #9~)- 113.·,'·PR a t a total estimated cost of $20,302 4 ';) w, Background: The City iTI\/entories the I/'/a t er Heter Boxes and Lid;=< for the Environmental ServIces Department at the Purchasing Warehouse, The 1,.\la ter ~'1eter Boxe;3 and Lids are requisitioned ðS needed bH the - , Depðrtment Pecommenda,tion' Staff recommends award to SE!'-t::C:O at totô.l estimated , CClst ~, rsnn Uð.l !J f $201302,42, Attðchment;? : ¡'-lIemo from Environmental ~;8r'\¡ices I)8¡:)t Letter from vendor gN. /. ". MEMORANDUM TO: Janice Slazyk Gf Buyer FROM: Richard C. Hasko, P.E. Deputy Director of Public Utilities SUBJECT: ANNUAL CONTRACT METER BOXES/LIDS , .. DATE: July 26, 1995 I have reviewed Palm Beach County's current annual contract for Meter boxes, covers and lids which expires in May, 1996. Prices compare favorably with our current unit costs for these materials. I recommend "piggy-backing" the County contract for estimated annual quantities as listed hereafter: DESCRIPTION QUANTITY CONTRACT TOTAL COST METER BOXES 12"X20" #37-H 500 ea $22.00 $11,000.00 131X24" #38-H 100 ea $41.78 $ 4, 1'78 . 00 $ 15,178.00 COVERS/LIDS CONCRETE, #36-H 100 ea $ 9.40 $ 940.00 CONCRETE, #37-H 200 ea 11.35 2270.00 CONCRETE, #38-H 20 ea 22.14 442.80 C. I . , #36-T 8 ea 19.89 Ü 59.12 C. I. , #37-T 50 ea 26.25 1 ~ ];:,2 . 50 $ 5,124.42 Total estimated annual cost $20,302.42 RCH: jem c: Michael Offie f: T/F Purchasing 1;1 SE')lSCU \4]001 , .¡., oJ "10-''' .i () . '-' l' A.\. .1 .,¡ U I ,) <4 Ó I 1.11.11 . SElYiSCQ Soulheastern Municipal Supply 2<171 Port West Blvd. West Palm Beach, Florida 33407 (407) 844-3222 FAX: (407) 848·7001 TO: F'ROM: - DATE: REF': - ~ -' - c -, . - " - --"... ......... . ~ --'- --------~--.._.- - -,~ - IF YOU DO NOT RECEIVE THIS TRANSMISSION CLEARLY PLEASE CONTACT US AT (4Ø7) 844-3222, A complc:[o line 0/ piping ¡¡na !:w;'e~~o/Y productà lor Water, Sf;'¡,yag9. and Drainage Sy~tarn$ 'r"rnp<I . P"sro . Orlando. WÐst Paln1 8ea,çh . Fort LaUderdale' FI, Myer~ . SBre~ota . Mll.llnl . Ft. Plorce A Division ~I C18Y!0n "Iglrlh ..1.;" MUI...J-~(-·~:::J !'IU''' .l:=':¿b 1 V : t-'U~~LHH~ 1 r'·1_1 I-H:<: HCI: 41:':17-233-1511 I1E,08 F'02 loard of County Commissioner", County AdnliHis~rator ~en L Foster, Chairman Robert W ( i5I1'fH hut Aaronson, Vice Chairman (aren T. Marcus . ¡. \ ~arol A. Roberts Purchaslt1g I)epa~ment >\Iarren H, Newell .1a1.)' McCarty ,!a ude Fúúl Lee ~-----~- ',.".. -- --- Pc.-::r-, :... SE1\ISO¡JOl ;.... i:ia.t@: "';oy 17,( ~99S 5EM5CO 2471 PORT WEST BOULEVARD ~51i3 WEST PALM !3I!:ACH FL 33407 RE: PRICE AGREEMENT #: , I Dear Vendor: This is to infa,:m you that Palm Beach County Boa.rd of COl,mty Commissioners is entering. int;o a Price Agreement with YQur çQmp~ny for METER BQXES~ÇOVERS i< LIDS, CONCRETE ONLY ba8~d OD on... of the following: [XXX] FORMAL BID #~113/PR ~"""""-'''''''' ~ [ ] RENEWAL OF FORNAL BID #____________, [ ] EXTENSION OF' FORMAL BID/RF(¡ # [ J WRITTEN QUOTATION #,___________,____,_"..,_, r ] VERBAL QUOTATION PER ( J STATE OF FLORIDA CONTRACT # . ~. . I J PALM BEACH COUNTY SCnOOL BOARD BID # [ J OTHER: ..-- The term of this agreement is OS/29/95 through 05/2$/%. The estimated do:Ual: vahle is $ ií....QQQ . The oblig~tions of Palm Beach County under this agr~ement are subject to the availability of funds lawfully a¡¡:>¡¡:>ropriate:d for its P\)),'p08e by t1\", sta.te of Florida and the. Soard of. Cþunty Commissioners, Palm Beach County Pepa~tment8 will issue hard copy orders against thiB agreement as\your authorization to deliver, All invoices must reference each unique document nun~èr. ' If you ha..::::;. any ¡stions, please cont:9ct PHITJ RIDOLFO at (40'¡) 233-~523, "9ÇÇ;Ø{ t / '/1 . ./ ¿ t ,;Ý. --;/ f¡¿v ~M Phil Ri:ô.o f ,':/' I Contracts C ordìn~~r ~ co: Carol Mgb;d(fie, Water Utilities File {/ "All Eql1a¡ Opportunity - Affirmative Açtion Employ"'r" t> pdn~d on t"lKyçl"ry pIJ.per 50 S, MlIltal'Y Trail, Suite 110 We"! Pa1m Bp.a~h, FlQrida 33,115-3199 ('HJ7) 2:.n-1500 FAX, ('1(17) 2.3.3-0I5l1 ! " ,......... ""-'"I _''-' 11'-'1-1 .L~.,::, ( 11.) ; ïU~:~...IïH~ 11 '11,1 t,,"·, 11'_'. ~'.:..' 1 ..:...._,..." ....__........ ".-"....--. , '- . I Pa¡ge 117 BID m¡;S~ONSE ª-ip ¡liS -1Ì3 /PR METER BOXES, COVERS, LIDS, ANNUAL CONTRACT. CONCRETE ONLY LO't #1. METER ROX; consisting of boðy, concrete cover with ca.t iron hingêd 1i~1 a$ fOllows. ITEM UNIT TOTAL OFFER ¡ ~º"'-- DESCRIPTION QIT :PRICE F,O.B.:, DEST~ 1- 10 1/2" X 17 1/4", FOR :3/4" ~IA'J'ER METERS 1!36-H 1500 /$ l't,)r z ~. I 2!.-: Op OR APPROVED EQUAL $ BRAND OFFERED ß It cH? l<. $. 3ç.-l-\- 'X2, 12" X 20", FOR 1" WATER METERS #n-H OR 400 ~ ~2.00 ? 5'ð 0 .001 APPROVED EQUAL $ X3, BRAND OFFERED ...\~ I~ 06 ~.:. S 3 ~..,tf' -.>-:~ 13" X 21", FOR 1. 1/2" ~¡ATER JvJETF.:RS ¡¡38-H I)R 10 '/$ t.J¡.-¡y t.¡ I 7.!rt) APPROVED EQUAL $ !:IRANI) OFFERED ß~OI!:Jt.:..$ 3 c¡- ~'., 4, 15 1/2" X 17 1/2". FOR DUAL METERS. DUAL H-4 ;). 7.ZS~ $ t.JOV7!.~ao· OR APPROVED EQUAL 1500'/$ BRAND OFFERED '3 !too 1<::' 5 Ov~ ¡,¡. COV¡¡:R, Concret<il; with ",.,.at:, iron b.ing..d lid; ail follow..: ITEM UNI'f TO'l'AL OFFER !ill...- Q.ESC~IPTION Q1'X pRICE F,(),B, DEST 5. 10 l/B" X ~5 3/B" WITH. 4 5/8" X 7 5/8" LID / '.' !~;PR APPROVED EQUAL 200 $, ~,j_ $ I ?~O'OOi BRAND OFI'),!;f<!;:j r) tto C) Ie:: ) ....~, .~; .; , @ . G. 11 l/t" X 18 l/a" WITH 4 SIB" X 7 5/8" LID , /~ Il'iìiJ.' $ IIJ6'-; Oq 't~l~~~~R APPROVED EQUAL 100 $, . ','~" . ì31W~ ~FFERED 'ß ú(.ðD~ S- 7. 13 3/4" X 23 1/4" WITH 5 1/2" X 7 5/8" LID l~ t:¡tfJ. .?()i #~.OR A~~ROVED EQUA~ 20 ~$' , '.... $ ". BRAND OFFEREt>___ 'ß It" ð K 5 . HUIj-07- . 95 1'10t-! 15: 26 ID:PURCHASIHG FA>: l'IO:407-233-1~,11 t!6D:3 PO::; pa$e :L8 ~E91?ON..§.!!;. fll.!LJ!J!. 5 - 113 / P R MET~a BOXES, COVERS. LIDS, AlmUAL CONTRACT, CONCRETE ONLY COVER. Con~retel with caat iron hinged lid; aa folloWð: (Continued) J ITEM UNIT TOTAL OFFER ; NO, DE SCRIPT JON Q!1. PRICE P,O.B. DEST.! 8. 14 9/16" X ,16 9/16" HIT!! :I 1/16" X 5 3/4" I.,ID. 1- 0 0 / $ -1!:i.:... Z.s-- ¡YZ~"'.(J() DUAL H-4 OR APVROVED EQUAL $ BRAND OFFERED í? ~oö!'- 5 9. FOR 17" X 28" METER BOX #65-H OR APPROVED EQUAL 50/$ Z."2.,3 S/ $ 1117 ·S-o : ¡;JRJ\,NJ) OFFERED "B ~OCJLc:.:, lO. COVER, CAST IRON; 10 1/8" X 15 3/BI,.It:.~OR 100 I;~: $ I' 'i t? '1.otj APPROVED EQUAL""", ;" BRAND OFFERED -g ¡to 0 ~ S lL COVER, CAST IRON; 11 1/4" X 18 1/8" #37"'t>A SO I~___ '3{"2..~êþ APPROVED EQUAL ' ':'''1,., $ 13 R.oo LC S ",'~", BRAND OFFERED 12. COVER. CAST IRON; 14 9/16" X 16 9/16" WITH i 9 l/JoG" X 5 3/4" CAST IRON' HINGED LID. DUAL 1001$ 33'.00 330 o.o~ H--4T OR APPROVED EQUAL $ B"RAl-ID OFFERED 13. 1200 lc.. S STEEL; 17 3/B" X 26 7/8" WITH 7 1/2" : 13. COVER. DIAMETER STEEL READING LID #38-S~L OR APPROVED SO A.J..2.S-; (Jð $~Sê) .{?O EQrJAL BRAND OFFERED R ¡¿öD K-5 14. LID, STEEL READING; ROUND; 7 1/2" DIAMETER / $ C¡Q7',s-d #38-STL OR APPROVED EQUAL 50./$~~ BRAND OPl"ERED BrLOD K..,Ç 15. LID, CONCRE'1'E; ROUND¡ 6 1/8" DIAMETER ID6-R OR 50Ý/$ '~n I D $ jS-S;.OQ A!?PROVED EQUAL BRAND OFl"ER¡;:D 8..eeOK 5 ---- 115. LID, CONCRETE; RECTANGLE; 5 1/2" X 9 1/8" #36-8 50/; ~·Z.S 1/ '2. ~-Oi OR APPROVED EQUAL $ BRAND OFFERED BÆr;;OK-5 - I ¡ " HULi-(J7-''3'j ¡'¡UI, 1~;:28 llJ:I"'UI«HH'::,iI¥.:, FH:-: IIU:<¡Ur'-2:':iJ-J'::.11 \.1':088 P05 __, pagje 1:9 BID RESPONSE B1D 1/95-113/PR METBR BOXES, COVERS, LIDS, ANNUAL CONTRACT, CONCRETE ONLY COVER, concrete: with cast iron hinged lid; as follows: (Continued) ITEM UNIT TOTA¡. OFFER i H2....-. DESCRIPTION OTI'. PRICE F.O.B. DEST. 17. METER BOX; 17" X 30"1 CONS;¡;STING OF BODY, CONCRET~ COVER WITH CONCR¡¡:TE LILl; FOr<. 2" &' 41- / 9 ,.- ~" WATEP.. METERS #66-2 OR APPROVED EQUAL 150' $ ·SO $ (SI 7.>.00 SRAND OFFERBP í3 ~ 00 \ <-s 18. COVER. CONCRETE; J.7 ~/2" X 30 1/2" WITH 8 3/4" - IIZ.S- X 14 1/2 " CONCRETE LID #66 -5 OP. APPR.OVED EQUAT, 50 ¡, $ Z. z..~ l) $_ .ð 0, BRAND OFFERED '"ß ~() 1t:.-S 19. COVER, STEEL¡ õ!1. 3/8" X 34 1/4" W!'rH 7 ]./:2" DIAMETER STEEL R¡¡;¡WING LID #66-STL OR APPROVED J Ii 0 ^ '2 r:-¡O ðo EQUAL 30' $ . v $;;1...:1, . BRAND OFFERSP "'ß Qt.è c. F-- c:; 20. LID, CONCRETIiì; RECTANGULAR; B 3/4" X 14 1/" '4 0'4 2/~ (JO #66-S OR APPROVED EQUAL 50 " $ . I) $ ., ,. BRAND OFFERED "g /toe L·e S 21. LID, STEEL; ROUND; 7 1/2" DIAMETER; 3/4" DIAMOND 19 7 /' r-c; -Z ".-JI PLATE #i)6-STL OR APPROVED EQUAL 30 $ ,.s $ v I .:0 U BRAND OFFERED ~ ß 00 ¡s::::. .5:- BROOlCS PRODUCTS NPMÐI!iRB SHOWN ABOVli:. II' BIDDINO ALTERNATE, INDICATE MANUFACTURER ANn PART ~~. I . TOTAL OFFER LOT Ill: $ 1/ DJ 7 "} C, ,10 ' Is a not<l:t"ized Public E:ntity Crime Affidavit on file with p~lm Beach County PU1.-C~a8ihs between th= ãates of 01/01/:>5 and 12/31/95, pel' Term Oind Condition #107 (If ye,s, nc additional affiãAvit is ~d,) ns NO __ IS !nform~tion and Descriptive Literature included. per Term & Condition #____7 YES _ NO __ , , Are all M/WBE Scheduleø completed '-'.nd included or the signed Statement of Non-M/WBI participation Form (if applicable), per Term and c~ndition #_____1 ' YEB_ NO~ 8~___~~__D......___.e~.x.~~=~=~===~~=~=========~=;=__=;.~ê:::_==_==~.~===~~___ VINPOR REPRESKNTS THAT HE/SUE I3 A PALM BEACH COUUTY CER~IFIEDI ~laçk Minority Business ~nt. () Women Business Ene. ( ) Hispanic Mirtority Business Ent. ( ~ Other Minority Business Ent. ( ) NOD-Minority Vendor (Vì Gpe<:ify __ I Q-=_-~MM...~M~________.===~======~__c==========~~...~=====:=~~~~.~~~=~~=#~~=== i * PLEASE AFFIX SIGNATURE vlHERE INDICATED ..... OP ,,~, !","""".?~~B' CAUSE POB R'JRCTION O. YOUR BIoi .. SIGNATURE: ~~- './ e-d:'tt::-- lf1 N S'~-l'-. IUgft. &. C.at.IIJ Irdnt)! ADDRESS I ¿:;; L/ 7/ ¡:¿ ¡( T CJ t:--,Ç7 '6 /u £J I It.Jlf57 f/) ¡rl"J-'&'-Á../ F7~ 'H;LEPHONE: eJ1!L¡ 9"'1i" - :J~T- i.... ! STATE LICEHSE: # COUNTY LIC£Nr;:¡;: í/_..,,? l - ,33 ").:l. ¿ 11t' apPUClblQ¡ ,t£ .PP'l1ct\bh~ CITY LICENSE #33 ó2 7l1t/do Cj'tJd/LICENSE TYPE: O(J.(1V/!,t4TltJ,vn--¿ f ;af'f'li.c~Þ1e) ." Agenda Item No.: AGENDA REQUEST Date: August 24, 1995 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: September 5, 1995 Description of agenda item (who, what, where, how much): Recommend awarding landscape maintenance contract for Atlantic High School multi-purpose fields to low bidder Delrav Garden Center in the amount of $45.000 (Bid #95-51) to be charged to account #001-4131-572-34.90. ORDINANCE/ RESOLUTION REQUIRED: YEt9 Draft Attached: YES/NO Recommendation: Award contract to Delrav Garden Center. Department Head Signature: Determination of Consistency City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: ~S) NO ~~¿!~~+uA.l Funding alternatives: Account No. & Des~~d ~.é.d4=tW ~ Account Balance: City Manager Review: Approved for agenda: 6$/ NO t7i-< ) Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved ., ., M E M 0 R ^ N I) U M TO: Ci ty Managey' THROUGH: Josep affo i nance Di rer. tnt' FROM: Jacklyn Rooney, Senior BUYe~ DATE: August 30, 1995 SUBJ ECT : DOCUMENTATION - CITY COMMISSION MEETING - SEPTEMBER 05, 1995 - BID AWARD LANDSCAPE MAINTENANCE ATLANTIC IIIGH SCHOOL MULTI-PURPOSE FIELDS - BID #95-51 Item Before Commission: The City Commission is requested to approve the award to the low bidder, Delray Garden Center, at a total annual r.ost of $45,000. Background: The Parks and Recreation Department has a need for an annual contract for the ma i ntenance of the multi-purpose field at the Atlantic High School, which was recently renovated. Bi ds were recei ved on July 21, 1995, from three (3) vendors all in accordance with City I S purchasing procedures. (Bi d #95-51 on fil e in the Purchas i ng Offi ce. ) A tabulation of bids is attached for your review. The Director of Parks and Recreation Y''''í.ommends award to De 1 ray Ga rden Center, per attached memo. Recommendation: Staff recommends award to Delray Gardpn Center, at a total cost of $45,000.00 for the year. Funding from auount. #001-4131-572-34.90. Attachments: Memo From Parks and Recreation Departmpnt Tabulation of Bids cc: Joe Weldon, Director of Parks and Rpí.reation 'ð. N.d. " [IT' DF DELRAY BEA£H DElRA Y BEACH f l 0 . ¡ 0 " ~ 100 N,W, 1st AVENUE· DELRAY BEACH, fCLO~lIDA 33444 . 407/243,7000 AII.AmerlcaC, '11It MEMORANDUM 1993 TO: Joe Safford Finance Director FROM: Joe Weldon Director of Parks and Recreation SUBJECT: Recommendation for Bid #95-51 DATE: August 24, 1995 Attached please find a spreadsheet for Bid #95-51 which is for the landscape maintenance of Atlantic High School. The School Board, in cooperation with the City of Delray Beach, recently renovated the turf of the multi-purpose fields at Atlantic High School. We received 3 bids ranging from the low bid of Delray Garden Center at $45,000, to Kemp Services, Inc. d/b/a/ Kemp Security at $73,500. Three of the four references listed by the low bidder, Delray Garden Center, indicated they were happy with their past work. The other reference, Cross Winds, did not return telephone calls. In checking the references, it was learned that all were involved in general landscape maintenance and not turf maintenance. Additionally, in reviewing Delray Garden Center's equipment list, they had not listed any reel mowers, which are necessary to cut Bermuda grass. I met with Mr. Mike Tullos of Delray Garden Center to discuss these concerns, and he admitted that he has no background in the maintenance of Bermuda grass. However, because of his many years of experience in general landscape maintenance, he feels he would be able to satisfy the terms of the contract, and he intends to purchase a reel mower for this project. I agree that, with the right equipment, Mr. Tullos should be able to maintain the Bermuda grass, and I have made it clear what our expectations are and the consequences if the specifications are not met. @ Printed on Recycled Peper THE EFFORT ALWAYS MATTERS " 2 I therefore recommend that Bid #95-51 be awarded to Delray Garden Center in the amount of $45,000, and charged to account #001-4131-572-34.90. Our Parks Maintenance Division will be maintaining this facility until September 30, 1995 at which time funding will become available for the agreement. Please place this on the agenda for City Commission consideration for the September 5, 1995 meeting. Parks and Recreation Attachment cc: .taVid Harden City Manager JW:cp , Ref:jsbidrec .. MEMORANDUM TO: Joe Dragon, Asst. Director of Parks and Recreation FROM: Jacklyn Rooney, Senior Buyer c¡¿ July 24, 1995 DATE: SUBJECT: Bid 1195-51 Landscape Maint. Atlantic High School Multi-Purpose Fields Attached is "Tabulation of Bids", and.~opies of the bids submitted by vendors for the above referenced subject. "Invitations to Bid" were mailed to (79) seventy-nine vendors on June 28, 1995. The bid was advertised in the Palm. Beach Post on July 02, 1995. The bid package was picked up by (17) seventeen vendors after mailing of invitations and posting of advertisement. Please review the tab sheet, and forward to Purchasing you award recommendations. Attachments: ~ Tabulation Of Bids Copies Of Original Bids Received cc: Joseph Safford, Finance Director Joe Weldon, Director of Parks and Recreation , RECENt Lì Ij, ¡Jg;'} .. . . TABULATION OF BIDS BID 1195-51 LANDSCAPE MAINTENANCE ATLANTIC HIGH SCHOOL MULTI-PURPOSE FIELDS Vendor: Delray Garden Bobbs, Inc. d/b/a Kemp Services Inc. Center Buckey Dent's Basebal dba Kemp Security Total Lump Sum (1) Year Maint. $ 45,000.00 $ 54,000.00 $73,500,00 Conunents/ Submitted a detailed Submitted a detailed Submitted a detailed Exceptions equipment listing equipment listing equipment listing with bid. with bid. with bid. , , , , t j I .., Agenda Item No. AGENDA REQUEST Date: 8/29/95 Request to be placed on: xx. Regular Agenda - Special Agenda - Workshop Agenda When: 9/5/95 Description of item (who, what, where, how much): Staff requests Commission award of a construction contract in the amount of $88,000 to Murray Logan Construction, Inc., the lowest responsive bidder, for modifications to yard piping at Lift Station #50 located on Lowson Boulevard at the E-4 Canal. The scope of work includes abandonment of an existing deteriorated manhole and manifolding all force main influents into a single pipe discharging directly into the lift station wet well. Funding is from R&R account #442-5178-536-61.84, Manhole Rehabilitation (budget transfer attached). ORDINANCE/RESOLUTION REQUIRED: YE~RAFT ATTACHED YE@ Recommendation: Staff recommends award of contract to Murray Logan Construction, Inc. in the amount of $88,000. ~- ~Q dwhs DEPARTMENT HEAD SIGNATURE: Detennination of Consistency with Comprehensive Plan: City Attorney ReviewIRecommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding availabl~/NO Funding alternatives AlI/1 (if apPlicablt Account No. & Description tftl~-57r¡ K- S-3t" -(,I. 'jc..¡ Account Balance" II, ') 73. ~~ 71<AN~ ~'Ieð. {(¡ 7íJ lXJtJ. "') . . ð1~'i195"' City Manager Review: Approved for agenda: @¡No t?L-j Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved ., RËCEIVEO MEMORANDUM AUG 2 9 1995 CITy M~"'-_ '.... r¡rr¡Cl J<, TO: David T. Harden, City Manager FROM: Richard C. Hasko, P.E., Deputy Director, Public Utilities ~ SUBJECT: CONTRACT A WARD - LIFT ST A nON #50 YARD PIPING (PN 95-026) DATE: August 29, 1995 Attached is an agenda request with a bid tabulation and consultant's letter of recommendation of contract award to the lowest bidder for the subject construction project. Murray Logan Construction, Inc. has submitted the lowest responsive bid for this project in the amount of $88,000. The scope of work consists of the abandonment of a deteriorated manhole on the Lift Station #50 site at Lowson Boulevard and the E- 4 Canal, and manifolding of all force main influent lines into a single header pipe discharging directly into the station wet well. Funding for this project is from R&R account #442-5178-536-61.84, Manhole Rehabilitation (budget transfer attached). I am requesting that you place this item on the September 5, 1995, regular Commission meeting agenda for their consideration. RCH:cl cc: William H. Greenwood Victor Majtenyi File: 95-026(D) -g N.3. '. £ ECKLER ENGINEERING E~fI' -, , (' t~ 'I. "'4 , '.; T ,i,. ;")'1'f:' ,..... ~-~~.;...,~ tii. cðlJ!j{AJJ!IJiIG QV/~H''YNEERS August 21, 1995 - ., 'tI : as t...., :'" 215.G3 f(;~ .., . ' " . -- l-- , " ;" 0 '-i~:'::; Mr. Richard Hasko City of Delray Beach 434 S. Swinton Avenue Delray Beach, Fl 33444 Dear Mr. Hasko: Reference: Recommendation of Award lift Station 50 Piping Modifications City Project Number 95-026 City Bid Number 95-055 The City of Delray Beach received, opened and read aloud bids for the lift Station 50 Piping Modifications at 3:00 P.M. on Tuesday, August IS, 1995. Seven (7) bids were received for this project. A certified bid tabulation is attached to this letter for your review. The lowest bid was submitted by Murray Logan Construction, Inc. of West Palm Beach, Florida. Their bid was in the amount of $88,000.00. This bid is approximately 17% higher than the Engineer's estimate of $75,000.00. This bid is, however, $76,700.00 lower than the original bids received for this project by the City of Delray Beach on May 24, 1995. We have reviewed the bid information submitted by Murray Logan Construction, Inc. which included the Bid Form, Non-Collusive Affidavit, Sworn Statement for Public Entity Crimes, Drug-Free ~ Workplace Certification, B~d Bond and Power of Attorney, and the Bidder's information and questionnaire. All of this information appears to be complete and acceptable as submitted with the Bid We, therefore, recommend award of this construction project to Murray Logan Construction, , Inc. of West Palm Beach, Florida in the amount of $88,000.00. We look forward to the opportunity of working with the City of Delray Beach and Murray Logan Construction, Inc. throughout the construction phase of this piping modification project. If you have any questions ór require additional information pertaining to this recom,mendation of award or the project in general, please do not hesitate to contact our office. Sincerely, 3~4~ Donald A. Eckler, P.E. Enc!. 215G3.001 9381 WEST SAMPLE ROAD 3051755- 1351 CORAL SPRINGS, FL 33065 Printed on Recycted P.r FAX 3051755-2741 ." .. ~ ~ 10 0\ . 0\ II) ~ - N v) t: 8 8 8 8 ~ 8 8 - .8 = § ~ 0\ 0 ..... g 0 1;; = 00 ~ ~ 00 ~ a ! t"- oo (f') t"- ~ i ~ 0\ ~ v) 0\ ....: ~ < 00 00 0\ 0 0 ..... N ~ ~ ~ ..... ..... ..... ..... oW ~ ~ ~ ~ g ~ l ~ ø.; ~ 8 "'0 8 Q) ~ r!:.! = .... òQ ~ ,ea. >< >< >< >< >< >< .~ ÞII~ rn "'0 ~~ õ 5 z t; "'0 ~ f rIJ oW "'0 Z ë ¡ ~ 0 >< >< >< >< >< >< >< "'0 .... ~.a Q) .~ œs = ð Q) rIJ 8- S= I Q~ 'Ô Z : ~ 0= 0 ~ o~ ~ .... .... 8 S ~ 00W ~~ =~ f 8 =~ >< >< >< >< >< >< >< .a ''f i d'C æ~ ;J .. é~ .... j!' 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" Agenda Item No.: AGENDA REQUEST Request to be placed on: Date: AUGUST 25, 1995 Regular Agenda Special Agenda Workshop Agenda xxx Consent Agenda When: SEPTEMBER 5, 1995 Description of item (who, what, where, how much): CASEI ADDRESS GRANT AMOUNT 95-020HR 718 S.W. 2nd Street $17,388.00 95-002HR 202 S.W. 11th Avenue $20,000.00 (Example: Request from Atlantic High School for $2,000 to fund project graduation). ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation:RECOMMEND APPROVAL OF COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM HOUSING REHABILITATION GRANT AWARDS AND CONTRACT AWARDS FROM ACCOUNT #118-1963-554-49.19 GRANT AMOUNT INCLUDES CONTINGENCY. (Example: Recommend approval with funding from Special Events Account No. 001-3333-555-44.55) ~ ~:.. '- Department Head Signature: ~ I. .... City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available:(YE~NO Funding alternatives: Oo.t-~ G..,f1..(VU.JT ~%S (if apPI~able) . Account No. & Description: fI&-IG~3-SS'-I-~o,,)~ fZ1fll' VMt+-~.sI~ Account Balance: '4Î/5"-/8 R.eJ\1v:b City Manager Review: Approved for agenda:~NO !!1 Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved .. - M E M 0 R ^ N 0 U M TO: David T. H~ Manager THROUGH: Joseph Saffor . .nce Director FROM: Jacklyn Rooney, Senior BUYer~ DATE: August 30, 1995 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - SEPTEMBER 05, 1995 - BID AWARD .' BIO #95-52 HOUSING REHABILITATION PROGRAM Item Before Commission: The City Commission is requested to make award to low bidders, as listed below, at a cost of $ 37,388.00., which inrludes contingency. Background: The Community Development Division hand'lps and processes their formal bids on housing rehabilitation projects, with funding from their housing rehabilitation budget. Property: Contractor: Amount: 718 Southwest 2nd Street First Choice Corp. $ 17,388.00 202 Southwest 11th Ave. Abisset Corporation 20,000.00 Recommendation: The Purchasing Office concurs with the recommendation to award to the low bidder(s) as outlined above from account 118-1963-554-49.19. Attachments: Memorandum from Community Development Bid Information Sheets cc: Lula Butler i? If. 'I. . - M E M 0 RAN DUM TO: DAVID HARDEN, CITY MANAGER FROM: DOROTHY ELLINGTON, COMMUNITY DEVELOPMENT COORDINATOR f)~ THRU: LULA BUTLER, DIRECTOR COMMUNITY IMPROVEMENT L1~ DATE: AUGUST 28, 1995 SUBJECT: COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM ACTIVITIES HOUSING REHABILITATION GRANT AWARDS ITEM BEFORE THE COMMISSION This is to request approval for two Housing Rehabilitation Grant Awards. This request is in accordance with the City's Community Development Division's approved Policies and Procedures. BACKGROUND The grant award is 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 Housing Rehabilitation grant program. 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 file are available for review at the Community Development Division Office. The Contract Award and Bid Summary sheets are attached f or your reference. RECOMMENDATION Staff recommends Housing Rehab Grants be awarded for the following: Case# Address Grant Amount 95-020HR 718 Southwest 2nd Street $17,388.00 95-002HR 202 Southwest 11th Avenue $20,000.00 HR2 · CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION BID INFORMATION SHEET BID #: 95-52HR APPLICANT: Lenora Holly APPLICATION #: 95-020HR PROJECT ADDRESS: 718 Southwest 2nd Street DATE OF BID LETTERS: July 7, 1995 DATE OF BID OPENING: July 17, 1995 NAME OF CONTRACTORS AMOUNT OF BID ABISSET CORPORATION $17,095.00 ALPHA ULTRA INC. $16,620.00 ARTHUR'S MAINT. $26,415.00 CSB CONSTRUCTION $ 1ST CHOICE CORP $16,560.00 INTERCONTINENTAL CONSTRUCTION CORP $18,000.00 Correct amount HENRY HAYWOOD - $14,377 Incorrect amount $16,700.00 PRESTON CONST. $ RADA ENTERPRISES INC. $ RAY GRAEVE CONSTRUCTION INC. $20,655.00 SOUTH FLORIDA CONSTRUCTION $17,125.00 IN - HOUSE ESTIMATE: $17,568.00 CONTRACTOR AWARDED CONTRACT: 1st Choice Corp. BID/CONTRACT AMOUNT: $16,560.00 COMMENTS: Bid awarded to low bidder BIDFORM/PG1 '. .. .. . CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION BID INFORMATION SHEET BID #: 95-52HR APPLICANT: Rebecca Williams APPLICATION #: 95-002HR PROJECT ADDRESS: 202 Southwest 11th Avenue DATE OF BID LETTERS: July 7, 1995 DATE OF BID OPENING: JUly 17, 1995 NAME OF CONTRACTORS AMOUNT OF BID ABISSET CORPORATION $19,955.70 ALPHA ULTRA INC. $21,070.00 ARTHUR'S MAINT. $31,150.00 CSB CONSTRUCTION $ 1ST CHOICE CORP $23,797.00 INTERCONTINENTAL CONSTRUCTION CORP $22,025.00 HENRY HAYWOOD $ PRESTON CONST. $22,650.00 RADA ENTERPRISES INC. $ RAY GRAEVE CONSTRUCTION INC, $23,745.00 SOUTH FLORIDA CONSTRUCTION $21,185.00 IN - HOUSE ESTIMATE: $20,215.00 CONTRACTOR AWARDED CONTRACT: Abisset Corporation BID/CONTRACT AMOUNT: $19,955.70 COMMENTS: Bids received on this project were too high, the interior floor tile was omitted from the original bids (item 1-3) to reduce the overall cost of project BIDFORM/PG1.1 .. · .. [IT' DF DELIA' BEA[H DEL RAY BEACH F lOll ( A ~ 100 N,W, 1st AVENUE· DELRAY BEACH, FLORIDA 33444· 407!243-7DOO ;'iifi: MEMORANDUM 1993 TO: David Harden City Manager FROM: Joe Weldon Director of Parks and Recreation SUBJECT: Proposed Concerts for Tennis Stadium from Palm Acts DATE: September 1, 1995 Attached please find a request from Palm Acts to hold concerts in our Tennis Stadium on Saturday, October 28, 1995 and Saturday, November 18, 1995. On October 28th they anticipate having 3 acts, which are Brandy, Coolio and Skee-lo which, I am told, are mainstream, middle of the road, rhythm and blues and rap. On November 18th they anticipate the Temptations, which is oldies rock and roll, and an opening act to be announced. Please place this on the agenda for September 5th for City Commission approval. Parks and Recreation Attachment cc: Sharon Morgan, Agenda Coordinator Ref:dhpacomm @ Printed on Recycled Paper THE EFFORT ALWAYS MATTERS g.O. .. OiW31/95 17:24 FAX 305 360 7112 EXECUTIVE 141001 Palm Acts Charities Corp. August 31, 1995 Joe Weldon Director of Parks & Recreation city of Delray Beach 50 N.W. 1st Avenue Delray Beach, FL 33444 Dear Joe; As per our conversation of this afternoon, I am requesting your approval for our up-coming concert events at the Delray Beach Stadium for Saturday night, October 28, 1995 and Saturday night, November 18, 1995. The events are as follows: October 28th Brandy Coolio Skee-lo November 18th The Temptations Open~n9 act to be announced Best regardSð' Chip Mills Executive Director of Operations 1:~01 West Newoort Center Drive· Deerfíeld Beach, FL 33442 . (305) 570-7676 . FAX (305) 360-7112 .. - ~ Agenda Item No. : AGENDA REQUEST Date: September 1. 1995 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: September 5, 1995 Description of agenda item (who, what, where, how much) : Re.Quest approval for Palm Acts to present two concerts in the Tennis Stadium - one on Saturday, October 28. 1995 and one on Saturday, November 18, 1995. ORDINANCE/ RESOLUTION REQUIRED: Draft Attached: YES/NO Recommendation: Approval. Department Head Signature: Determination of Consistency wit 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 10- ) Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved . ()f!- ßH [ITY DF DELAAY BEA[H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444 FACSIMILE 407/278-4755 Writer's Direct Line: (407) 243-7091 DELRAY BEACH f lOR D A ~ AII·America City MEMORANDUM " III! DATE: September 1, 1995 1993 TO: City Commission FROM: Susan A. Ruby, City Attorney SUBJECT: FAMU Band Our office has received the attached documents regarding the F AMU Band matter. The documents include the contracts listed in the letter from Michael Weiner of September 1, 1995. Also attached are additional documents from Mr. Weiner not included in his letter. The costs that the City would assume are included in the budget in the total amount of $36,213.00. The Perfect Harmony Festival Committee expects that this amount will be offset by pledges (when collected) and ticket sales. However, there are no guarantees that the City will be totally reimbursed. By copy of this memorandum to David Harden, our office requests that the contracts be place4. on the agenda for City Commission consideration. Attachments cc: David T. Harden, City Manager Alison MacGregor Harty, City Clerk famu-1.sar 9ft. ® Printed on Recycled Paper .. " WEINER & MORICI, P.A. ATTORNEYS AT LAW The Clark House 102 North Swinton Avenue Delray Beach, Florida 33444 MICHAEL S. WEINER South Palm Beach County: (407) 265-2666 ALFRED G. MORICI North Palm Beach County: (407) 736-5888 CAROLE ARONSON Broward County: (305) 462-4935 Telecopier: (407) 272-6831 Via: Hand Deliverv September 1, 1995 Ms. Susan Ruby The City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Re: Our File No. MSWA(044)010; Florida Agriculture and Mechanical University; Delray Performance Committee Dear Susan: On behalf of the Delray Performance Committee for Florida Agriculture and Mechanical University (FAMU) we wish to inform you that it is our desire to have the City of Delray Beach, Florida hold all funds for ticket sales in connection with the performance by FAMU on October 7, 1995 at Atlantic High School Stadium in Delray Beach, Florida. We request that Ms. Lula Butler be a designated signatory on the account and we shall forward all ticket sale funds to her attention. Also enclosed are copies of letters from the Fire Department of the City of Delray Beach, Florida and Plumosa Elementary School. Please note that we will be able to save $200.00 as a result of the Fire Department's cooperation. The letter from Plumosa Elementary School secures their cooperation with respect to the parking. of your assistance. cc: Charlotte Durant Valerie Wright a9/01/95 12:50 'Z!4e7 243 7461 DELRA Y BCH FIRE f4J 002 [IT' OF DELARY IElEN FIRE DEPARTMENT ~\ IWINli IH" IMY HE'\C!\ . G LJ Lr $ ì R [.~ rv1 . HIGril ^ND 8E^CH DURAY IE.~CH , I"I" { . MEMORAijDUM TO: CHARLOTIE DURANTE, CHAIRPERSON fROM: JOHN TOMASZEWSKI, ASSJSTAN1 CHIEF DATE: SEPTEMBER 1, 199~ . SUBJECT: PERfECT HARMONY FESTIVAL The DcJray Beach Fire Department will provide pununcdiç service:> for a band performance scheduled on October 7, 1995 at AtJa.ntic High School during th~ Pc:rfì:c;t llwmony }o'estival. TI1c Department will be ablc, to staff this event with on-duty per~nnel therefore no expense will be incurred. f- ,...- d.-I.""ìW John Tomoszewski Assistant Chief JT/tw .. "' SEP 01 J 95 13; 24 .. TO: 1 407 2650200 P8l .' P(U111OSa Tkmentary SclÏooC 1712 ~ Secmut Jiltltnut. 'DcCray ~ 1'toriáa J.3444 '£ula Mason -'!Jerry (401)24J.1562 ~nd.pal September 1, 1995 Dð4r Ms. Dur~nt.: . As pe~ our ~onv.rsation today. pl..le be advised that the City o! Delray Bea~h has plrm1e.icn eo use Plumo.a'. parkins at no ~n4r~~ on 'o~ur4AYI OQeObA~ 'ch .0 .QQO~OdA~O th. .X~-4. r.~~i"e for the FQôtival - Perf~ct Harmoney to oe h.ld 4~ Atlantic Hi¡h SchQol. Véry truly your., . ~~n-Ìf!:' ~~~ Principal !.'iB: ecg ... . MU\'U-L..l't:-nCQJ,\'11-nytllll::' ClIIU W'wtw...,......... . 21áO W ATLANTIC AVEJ eTE 100 DELRAY BEACH, FL 3344~ PHONE (407) 265-0200 .. Septembllr " l-q95 FAX MEMO TO: Susan Ruby (fax # 407-278-47~~) FROM: Charlotte H@re is a listing of additional ~..s of businesses and p.opl. who have pledged funding for the FAHU Marchinq B~nd p.rfo~mance an October 7th. These name5 are in addition to the O~. ~lready submitted. Mor~ names are expected before the enð of th. d_y, but thìs what I have so far. Clay Widem~n has some more calls aut w_iting for return calls to reply. CLAY , HV WIDEMAN (HIS ~ HERS HAIR CREATION) GENE LAZIER (NATURAL FRESH NARkET) WËST SIO£ LIQUOR PHI BETA SIGMA FRATERNITY . DELAAY MËRCHANTS ASSOCIATION CHECKERS "I STRAGHN , SON TRI-CITY FUNERAL ~ PARKER'S KITCHEN - NAAép , SHULER'S FUNERAL HOME GEORGE' LOTTIE WILLIAMS . The "SMART" Program CORAL REEF SEAFOOD MARKET DURANTE REALTY, INC NACIREMAS CLUB FRANCES J. BRIGHT WOMAN'S CLUB .... .-..... RADIO STATION WEDR (MIAMI) RADIO STATION FOXY 100 These are mostly small bu~ine$S pÈople from the Black co..unity who were eager to show their support 01 this event. ff ~c: David Harden, City Manager - ~ 1t :L1f 3 - 71bb . .. . · Florida Agriculture and Mechanical University Delray Performance Committee September 1, 1995 The City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Ladies and Gentlemen: Enclosed are the following: 1. Budget; 2. Contract with Florida Agricultural and Mechanical University (FAMU); 3. Contract with Atlantic High School; 4. Pledge Agreement; 5. Contract with Annett Bus Lines; 6. List of Pledgers; and 7. A letter from the Delray Beach Police Department. On behalf of the committee, please consider this submission for support from the City of Delray Beach, Florida. We would also like to offer the following additional explanation: We have determined that the Atlantic High School Stadium will seat 5,000 people and have standing room for an additional 1,000 people. In all other appearances of the FAMU Marching Band in South Florida there has been a capacity crowd. If approved, advance ticket sales would begin immediately. The tickets would be labeled clearly to indicate that there is no rain date. We believe that we can sell a significant number of tickets in advance. Ticket sales of 2,500 tickets in advance would not be out of the ordinary. please note the list of pledging companies The City of Delray Beach September 1, 1995 Page 2 and individuals. The total is $10,000.00. Under those circumstances, we believe that even before the concert event, there would be approximately $27,500.00 raised. We have every expectation of a sell-out crowd and under those circumstances, giving effect for certain complimentary tickets in connection with advertising, we would raise $41,700.00. This would result in a profit of over $5,000.00. Any profit would be donated to a City approved charity. The budget is attached. It takes into consideration all contingencies. We have given no effect (because it is not in writing) to the FAMU alumni sponsoring of the dinner meal. In addition to a local community network for ticket sales, ticket sales would be promoted by radio stations WPOM and WYFX (Foxy 1040). Contact has been made with the Police Department and they can provide security. In addition to parking at the high school, parking at the Plumosa School is available. As well, contact is being made with local churches in the area for assistance. We believe this can be highlight of the October Cultural Heritage Month for the City of Delray Beach as well as an outstanding contribution to the Centennial celebration. It will present an outstanding opportunity to highlight the efforts of Delray and its community approach to progress. Valerie Wright Charlotte Durante Michael S. Weiner SIGNATURES NEXT PAGE .., "I'" <.a. br;,~l Weln.r . HQrkl ~ 03 The City of D.lr$Y 8~~öh 88vt.~.r 1, 1995 Þ'~8 2 and individual.. Th. total i. $10,000.00. Under those ciroumstanoe., we believe that. ftVRn hnfor8 the ooncert OV6r\t, there would bø appro~imately $27,500.00 taia$à. We. have Gvory $Xpøotl'\t ion of a .ell-out orowd and undG~' thODð circumstances, gi\l'lng fIIffeot for oerta1n oomplimntary tio1<etø in connection with Idvðrt.iøing, w. would raise $41,700.00. Th i. would reøult in _ profit of over $5,000.00, Any profit would be donated to A City .pproveö charity. Thð budget 18 attaoh@td. ìt takoa into oon.id(\r.ation All oontillçenoiea. W~ hav. givon no oftont. (b60aUtla it ie not in writi-ng) to t.he FJUo10 alnmnj, .pøn.()rinq of the dinnor mOA). In addition to a local communLty network for tioket sales, ticket .ales would be promoted by ¡"..d.lo stations WPOM and WYFX (Fo~y 1040). Contaot ha" been made with tha Polio. D.partment and dléY can provide seourity. In addition to p~rkin9 at the )li9h ~~hool, parking at th. Pl~mo.A School 1. available. Ae well, eontaot i~ bein9 m~d. w!lh lo~~l churoh.. in the area for laøi.tnnoo. We b~li6v6 thi. cah be highliqht of the October Cultut'a.l Ueritl'<J8 Month fol' the City of Ðelray Beach 48 \¡fell a. an outIJtandin9 oontributlon to tn, C\!ntenni&l c.lebration. rt will preaent ~tI outltAndinq opportunity to h19hlight the effort. of Pair y and ita oörnmuni ty ð.þproMoh to pro9r.... ,. EXPENSES Ticket Printing 100.00 Stripping Field 50.00 Usage Fees for Atlantic Community High School Facility ($630.00) waived Custodial Services 200.00 School Board School Security (require 1 on site) 154.00 Cafeteria Personnel 108.00 Honorarium 10,000.00 Maintenance & Emergency 1,000.00 Changing Fee (in Rains High School, Jacksonville, Florida) 500.00 Enroute Meals 5,927.00 Dinner Meal 2,624.00 Snack 329.00 Police Officer 325.00 Parking No Additional Fee Advertising waived Bus Transportation 14,196.00 Emergency Vehicle 200.00 TOTAL $ 36,213.00 . AUG-2'3-13'35 1 r:- . --1'1 FAr'lU DEF'T. OF t'1US I C K BAHD '3134 561 217E:, Jwc::.o ~LariÒ(t J\gritlt1tural .edTztnit'ù 2J111Ú1.en;rtg , 'Þ'__ ~. .}; , ·1t ~ -:.~. ~¡»r ,- ".l~ ¿~¡h.-.. ;(IP ÇQOE~ 32307 ¡~.~f~~: ~~;?t ~; )r'," - "j; ',.. ,-i~ i OlnE;CTO~ OF BA.N~~ ¡¡~;;. - I.".·" ~~f.·f " ~ ." .; -'-,) f .) , Contract '1t! ¡ .~. ~.r . '~!£¡ ':.\' if ¡¡; II This contract behveen the Florida A&M University Marching "100" Band, Tallahassee, FL ~~:~ t: ','i; referred to as the artist and the City of Delray Beach, Flodda nercinafter referred to as sponsor ,,1; for the purpose of providing the following: '..- I 'L '{, A. The Florida A&M Uruversity Marching "100" Band agrees as the artist-performer to it": perform ~T 1- Pre-game and half-time shows in a performance for the City of Delray ~ft' Beach, Florida at 7:00 p.m" Atlanta High School Stadium, Delray ßeach, If r -li.; Florida, Saturday, October 7, 1995.. - I), 13, TI1e sponsor agrees to provide payment of checks as follows: ~!- ·f ." 1. Annette Bus Lines for transportation via seven (7) buses from ~f di1 ¡\{!ž'!, Tallahassee to Delray Beach ($8,170.00) and Delray Beach to Jacksonville ~t~j~ (6,069.00) for one check in the amount of $14,196,00 ~}~,! 2. The following checks is to be made to the Florida A&M University Band ~··tf; ¡~~.~;1 A, Honorarium-perforrnaT\ce fee $10,000,00 ~'1r." ß. Maintenance and emergency expense fee $1,000_00 I ¡¡J:i¡ C. Use of Raines High School Gymnasium and auditorium - $500,00 I.~ "{; 3 The following checks made to Dr. William p, Foster, Directo~ of Bands, Florida t· ' ;;¿: ~If A&M University ~ I I..." ~ I'::; Alloca tions for three enrou te meals m~·_f-: ~~¡, Saturday, October 7, portable breakfast at 5:30 a,m, :t~~ ~~.'" 329 at $5,00 @ == $1,645.00 ~ç, Lunch ;it restaurant: 329 at $7,00 @ = $2,303,00 ~Îl ;\. .,' '~ ,'t". Sunday, October 8, Breakfast at restaurant in Jacksonville ~".! í: 329 at $6,00 @ = $1,979,00 Total for these meals is $5,927.00 ",~" Please make this check payable to Dr. William p, Foster. Director of Bands, Florida ^&M University C. Other responsibilities of the sponsor, The City of Delray Beach: BA.t~D WILL ARRI VE AT 1_ Band Quarters Atlantic High School 4 :'00 P. 1'1, OCTOBER 7 t h. a, Use of boys and girls gymnasium fOf housing and storage by band r~rsonnel of 329. r-l~¡' ß, Use 0 showers,. :¡1fi" ík ;' c. Use of auditorium by band members Y;'i5;;J d. Two lounges for use by the Band Faculty Directors and Staff ~'{rr. 2. Meal Services - Saturday. Octobe.r 7. 1995 :.~,:~, 4:00/4:30 p,n¡, - Dinner :'~·~à~ . Mea I for 329 FAMU IS AN EQUAL OPPORTUNITY I EQUAL ACCESS UNIVERSITY " ---------------- AUG-29-1995 15:25 FAMU DEPT. OF ¡'1US r C K BAI·m ----------- 904 561 2176 Delray Beach Page 2 August 28, 1995 3. 9:30 to 10:00 p.m. - 329 snacks in sacks consisting of onE> ham, one turkey sandwich small bag of chips, apple or orange, two cookies and one can of cold soda. 4. To have two security/police officers at the gymnasium from arrival Please atrange to insure th(l.t checks in the amounts to departure of band on October 1. $14,196.00 - made to Annette Bus Lines 2, $10,000.00 - made to Florida A&M University Band 3, $1,000.00 - made to Dr. W. P. Foster 4. $500.00 - made to Dr. W. P. Foster 5. $5,927.00 - made to Dr, W. P. Foster the signed contracts are to be returned to Dr. William P. Foster, The five checks must be received by Dr. Wí1liam P. Foster by Monday, October 2, 1995, Non-compliance with the deadline dates will cancel this agreement. Please sign three copies. Keep one copy and retum hvo copies to Dr, Wí1liam p, Poster, Director of Bands, Florida A&M University, Room 204, Perry-Paige, Tallahassee, FI 32307. In witness whereof the parties hereto have caused this agreement to be executed on this 28tlì day of August 1995. for City of Defray Beach, Florida for Florida A&M University .. Frederick 5, Humphries President .. PLEASE TYPE FISCAL YEAR 19~ 119~ SCHOOL NUMBER LEASE NUMBER m THE SCHOOL DISTRICT OF PALM BEACH COUNTY, FLORIDA Lease Agreement For Use Of School Facilities THIS AGREEMENT made this 28 day of August , 19 95 ,between THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA, as Lessor, and City Of ~lrav Beach , as Lessee. WITNESSETH: (Perfect Hanrony Festival) That, by signing this agreement, Lessor does hereby lease unto the Lessee and Lessee takes and hires from Lessor the premises described below, forthe date(s) and time(s) described below and forthe use described below and for no other purpose, and will abide by all other terms and conditions listed on this lease, front and back, and Exhibit(s) attached hereto. FACllITY/PURPOSEJDA TEsrrlMES TOTAL HOURLY TOTAL HOURS COST Footooll Field/FAMJ Barrl/üctober 7 7 -10 FM Pe.rfonnance 3 $50.00 $150.00 Cafeteria 3-7 FM 4 $45.00 $180.00 Gym & Locker lbaæ 3-7 FM 4 $75.00 $300.00 Sub- Total <:;f)ln nn SALARIES, EQUIPMENT, OTHER SERVICES HOURS COST TOTAL ~-..r-- Custcdial Services 3-1l 8 $25.00 $200.00 1 Security 3-10 7 $22.00 $154.00 Cafeteria Persame1 $27.00 \' Sub· Total WAIVER OF FEES (as approved on prequaliflcation) TOTAL Facility useage fees waived thra.1gh joint use agreaœnt *If any ërlditional cost is incured for striping field city will reirrb.rrse sclxx:>l or pay verrlor direct y * Atlantic Camunitv Hiah Sc!xx:Ù shall operate ALL cor cesc,;('\\c, Sub-Total TOTAL CHARGE TO LESSEE (make check payable to this school) GRAND TOTAL ACCOUNT DISTRIBUTION \ GRAND TOTAL The rental rate tor this lessee was prequalitied tor the fiscal year tor this use by the School Board on _ at Inter Lcx;al Agreaœnt Jan. 5, 1994 (D.. of Board ....tlng) charges. (Commercial, Full, Partial, Ancillary) LESSEE: City Of ~lray Beach LESSOR: (Perfect Hanrony Festival) THE SCHOOL BOARD OF PALM BEACH COUNTY By: School: Atlantic Camunity Hiqh Sclxx:>l Witness: By: Principal or Approved Designee PBSD 0503(REVISED 4194) WHITE! Treasury Department YELLOWlSchool PINKIleuee GOLDlFinence Dc:psrtmon! PLEDGE AGREEMENT I, , promise to pledge up to $ in connection with the appearance of the Florida Agricultural and Mechanical University Marching Bank on Saturday, October 7, 1995 at Atlantic High School Stadium, Delray Beach, Florida. The conditions of my pledge are as follows: In the event that ticket sales from the event are insufficient to pay for the costs and expenses of the event, I promise to pay on or before October 30, 1995, my proportionate share but under all circumstances, this shall not exceed the pledge amount stated above. Very truly yours, By: . FROM: Wright Ideas Unlimited PHOt'-lE HO. : 407 863 6669 Aug. 29 1995 03: 52Ft" P04 1)0/ ï:OI tli> J,'I : U ìI. 'OOI:lU4ö771;l4;'¡ ANNB'j'f BlIS LINES ~OOZ 08/28195 16:53 "ð"S13 655 6:207 AJIlNETI BUS LINES ....-+ TAL.l...AHA::;:iI:::)~ 1{1./ UUJ.I UU'' Annett Bus Lines LOCATIONS Tãlooli'¡'¡ONE NUMBEf ALBANV, ~... (912) &88.9072 P,o, BOX S3 TALL,6.HA$$EE. F'L 'IiI04) 071,21 '3 SËBRING. Fl 3367' .OO3:J JACK$ONVlt..LE, F~ (&04) 743·0022 MEt..60URNe, r(, (40'11 768'~11i3 (813) 655-554' VAL.OOSTA, GA \QU1242·3455 FAX (813) Ei5j--ia01 rOLL FREE eOG-2824f$S - CustQrner: CITY ù~ OELRAY _._\- BEACH Al:count: C!TYD.tl Typ~: Address 1. P , 0 . BOX 9787 Ph()n~; (407) ,a63~'333a Address 2: COr\tl!ct~ VAL~R:rA WI\I6HT Lor.. : C1 ty: ~IV:r!~A eEACH Invoi¡::e *: OO~Ci~e1 fiQ'g i 1.'1 n : 'f State: FLORIDA Zip: 3~d19 Inv OÐtc! 08-20-19515 - - "1I.~ .....",.,r.r.I81'........ -. ------..¡p'J ~, ~rgðn1zllt1on AOOITrONAl FEES t Of 8UW:8¡;1 7 TYþe Of Bus: il7 PAX PR.e:VO~ì (6C>.OO HOU~ - 2.:H M:r I.t:'; 'r"omt TALLAHASSEE To: OEl~AV REACH )eparture Oate: 10-07-1996 $1'01: i.trn.:: 05:00 AM , 1ck Up Pointl FLORIDA AU' U"IIVE:RSI'T'V AT HIe MU:'H. 8 U ! L, 0 I N C )~"t1".tlon : ATLANT!C H!GH sr. HOOI ~ 91;:t.J .. 1'\ D~t:e: 10-0e-19S~ Ih 1., IUOG T.tmoJ 09:00 PM 1pecill :r n " t r I) C 1; 1 0 n $ : AOOITXONAL s:r;RVICfS GUS PRICING ervlcs: Arnt: .~ Of !3U\HIS! '7 Pric:e ~Gr eus: 1728,00 i!rvicet Amt: Sub-Totðll 12096.00 : : ~rvic(ll Amt: Toll Fees: Parking Fees: Misc. Fe€$~ DRIVER tHANGE 300\1:7 CEP05IT INftORMA,..ION Mi~~.. Amount: 2100.00 Oamege Oepo¡:1t: C'1pot¡:1t: Amount: 700.00 Net OUe~ ll11!Ø6.00 Dl!lt. DepoÐLt OUe'f 09-11-1~P5 FS rul PaymEnt Due: 09-30-1~~& ......... SEe REVERse: SIDE FOR TEAMS ANC cONDITIONS ...... . TO RF.SIiAV~ THE ABOVE MOTOAOOACH SERVICE, PL,EASI! ¡IaN AND RETURN A5MIT PAYMENTS TO: ORIGiNAl. COpy ALONG WITH YOUR DEPOSIT eASED UPON "He OSposlT INI=OAM^TION. ANNË'I'i' BUS ~INf.S THANK YOU FOR CHOOSING Annett Bus Lines P.O. eox 33 SEBRING, FL ;,:'&71·0033 ~ " LIST OF PLEDGERS 1. Michael Weiner 2 . Janet Onnen 3. Kevin Egan 4. Brahm Dubin 5. Frank McKinney 6. Van's Comfortemp 7. Mouw Construction 8. Robert Currie 9. Borton Volvo 10. Bob Hayes 1l. Bob Miller 12. Leon Weeks 13. Starr Ceramic & Tile 14. Icy Enterprises 15. W.D. Mortgage 16. Allstate, Michael Davis, Agent . 09/01/95 11: 12 'ð"407 243 7816 DELRAY BEACH PD ... Weiner & Morici I4J 001/001 DURAY BEACH . ~ 0 . I ... to Delray Beaeh Police Department tIe:d All-Amertca CIty 300 West Atlantic Avenue · Delray Beach, Florida 33444·3695 'IIII! (407) 243·7888 Fax (407) 243·7816 1')'.}3 MEMORANDUM FAX TO: 272-6831 TO: Ms. CblU"lotte Durante Major Richard M. Lincoln vl FROM: DATE: September 1, 1995 SUBJECT: Per our discussion this date, I have projected the maximum estimate for Delray Beach police officers· involvement in providing security and traffic control for this event. As I had indicated in our conversatio~ if the School Board is providing one of their officers, I would feel comfortable with assigning three (3) additional Delray Beach police officers to this detail, In that you indicate you would expect attendees to begin arriving at approximately 5:00 p.m.. I would propose that one (1) Delray Beach police officer be assigned from 5:00 p,m. until 6:00 p.m.. with the other two (2) officers arriving at 6:00 p.m. AU three (3) officers would work until 10:00 p.rn" anticipating that the petfonnance would end at 9:00 p.m. and allow fOf one hour traffic evacuation from Atlantic High School. With this in mincL this represents a total of 13 police man-hours. For budgeting purposes, I would recommend that you use an homly rate of $30.23 x 13 man-hours = $392.99. This, once ~ would be a 111Øirnum estimate and would more than likely be less than this maximmn projection in that this is based upon a topped out police officer's hourly rate of pay ($20.15). The likelihood of this hourly rate being less does exist, however, overtime within the Police Department is assigned on a rotational basis an<L therefore. we do not have the ability to regulate the assignment of details based upon a lesser rate of pay. Please feel free to contact me if further information is needed. RMUppt · vUCIIIÒ , CITY OF DELRAY BEAC~(3 c¡ TO: ALISON DATE: ,MI07/95 FROM: CELESTE SUBJ: REQUEST FOR THE CITY'S FUNDING SUPPORT FOR THE SOUTH COUNTY CONVENTION CENTER Marie Horenburger called today to request that the City provide something in writing regarding the commitment of $50,000 annually for 20 years (formal action which was taken at the Commission's Regular Meeting of September 5, 1995). She needs this commitment to present at a meeting next Tuesday, September 12th. She will need it prior to this date, Monday, at the latest. Marie can be reached at 272-1737. ~ ¡1} /?. J-II}£.IJ En - It d£/J# / £r/E:.e. is ~t¿¡). :£1- ()~ J p/~ /l7IJt(¡,f.. cy- WE '1/ ob If t'nn-I d.etf/l- t~ .:s/9/1~ . dJ;ß1/¡t:5 !íJ/I(./ 9/S' [/\ 1 .;....-- t~ , . - September 8, 1995 Ms. Marie Horenburger 801 Andrews Avenue Delray Beach, FL 33483 Re: Fundin9 Commitment for South County Convention Center Dear Ms. Horenburger: At the regular meeting of September 5, 1995, the Delray Beach City Commission, by a vote of 4 to 0, approved a commitment to provide funding support in the amount of $50,000.00 per year for twenty (20) years from General Fund revenues (non-ad valorem) beginning fiscal year 1997, provided the Palm Beach County Convention Center is built at the South County location and subject to appropriate interlocal agreements. Please note this commitment is contingent upon Palm Beach County locating the facility at the South County site in Boca Raton. We would then enter into a formal, contractual agreement with the County. If you have any questions, please do not hesitate to contact me. Sincerely, David T. Harden City Manager DTH/AMH/m . ·, [ITY IF DELRAY IEA[H DElRAY BEACH , l 0 . I 0 ... tdtd 100 N,W, 1 st AVENUE· DELRAY BEACH, FLORIDA 33444 . 407/243-7000 AlI·AmericaCity , III I! September 8, 1995 1993 Ms. Marie Horenburger 801 Andrews Avenue Delray Beach, Florida 33483 Re: Fundinq Commitment for South County Convention Center Dear Ms. Horenburger: At the regular meeting of September 5, 1995, the Delray Beach City Commission, by a vote of 4 to 0, approved a commitment to provide funding support in the amount of $50,000.00 per year for twenty (20 ) years from General Fund revenues (non-ad valorem) beginning fiscal year 1997, provided the Palm Beach County Convention Center is built at the South County location and subject to appropriate interlocal agreements. Please note this commitment is contingent upon Palm Beach County locating the facility at the South County site in Boca Raton. We would then enter into a formal, contractual agreement with the County. If you have any questions, please do not hesitate to contact me. Sincerely, ~~!~ David T. Harden City Manager DTH/AHM/bg * PrintlKi on RecycllKi Paper THE EFFORT ALWAYS MATTERS . .j September 8, 1995 Ms. Marie Horenburger 801 Andrews Avenue Delray Beach, Florida 33483 Re: Fundinq Commitment for South County Convention Center Dear Ms. Horenburger: At the regular meeting of September 5, 1995, the Delray Beach City Commission, by a vote of 4 to 0, approved a commitment to provide funding support in the amount of $50,000.00 per year for twenty (20) years from General Fund revenues (non-ad valorem) beginning fiscal year 1997, provided the Palm Beach County Convention Center is built at the South County location and subject to appropriate interlocal agreements. Please note this commitment is contingent upon Palm Beach County locating the facility at the South County site in Boca Raton. We would then enter into a formal, contractual agreement with the County. If you have any questions, please do not hesitate to contact me. Sincerely, David T. Harden City Manager DTH/AHM/bg ~~/11/95 11:11 '5'407 243 3774 C [ TY /DELRA Y BCH. I4J 001 . . . ACTIVITY REPORT TRANSMISSION OK CONNECTION TEL 92728343 CONNECTION ID G3 START TIME 09/11 11: 10 USAGE TIME 01' 19 PAGES 2 . M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM # ê1 ß - MEETING OF SEPTEMBER 5, 1995 FUNDING SUPPORT FOR SOUTH COUNTY CONVENTION CENTER DATE: SEPTEMBER 1, 1995 At the time the agenda was completed on Friday, staff was continuing to work on this item. Additional information will be provided either prior to or at Tuesday night's meeting. ref:agmemo23 . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~1 SUBJECT: AGENDA ITEM # q, c.. . - MEETING OF SEPTEMBER 5 , 1995 RESOLUTION NO. 60-95 DATE: SEPTEMBER 1, 1995 This is before the Commission to consider a Resolution No. 60-95 extending the buildout date of a previously approved Development of Regional Impact (DRI) for Waterford Place, located south of Linton Boulevard east of I-95. The change is from June 30, 1996 to November 30, 1997. The original buildout date was December 31, 1992, and there have been extensions totaling 4 years and 11 months; the last of which extends through June 30, 1996. Florida Statute 380.06(19) , recently amended by House Bill 1659, states that an extension of less than five years is not a substantial deviation, and is not subject to the public hearing requirements. The applicants have stated that due to a long-standing slump in the office market, they propose to change the planned office buildings to a 300 unit apartment complex, ana a 60 suite hotel. These changes, if approved, could not be implemented in time to meet the June 1996 buildout date. Recommend approval of Resolution No. 60-95 extending the buildout date for the Waterford Place DRI from June 30, 1996 to November 30, 1997. p~ 4-0 , - f .'- - .,¡:,;..,. ':'::", ~~ - ~ ~ -- --- RESOLUTION NO. 60-95 , - ,. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF .:._~ DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 49-85, . '.~' ..~ ,- WHICH CONSTITUTES A DEVELOPMENT ORDER BY THE CITY OF ,_. DELRAY BEACH, BY AMENDING CONCLUSIONS OF LAW, SECTION -- 2, TO PROVIDE FOR AN EXTENSION OF THE BUILD OUT DATE FOR THE WATERFORD PLACE DEVELOPMENT OF REGIONAL IMPACT; PROVIDING AN EFFECTIVE DATE. WHEREAS, at the meeting of May 28, 1985, the City Commission adopted Resolution No. 49-85, making findings of fact and determining conclusions of law pertaining to the Delint Center (now known as Waterford Place), a Development of Regional Impact (DRI), and constituting said Resolution No. 49-85 as a Development Order (DO) by the City of Delray Beach in compliance with law; and WHEREAS, Resolution No. 49-85 has been subsequently modified ..: ~ by Ordinance No. 96-87, adopted December 22, 1987, and by Resolution No. 80-89, adopted October 24, 1989, and by Resolution No. 132-92, adopted December 16; 1992, and by Resolution No. 10-95, adopted February 21, 1995; and WHEREAS, the developer submitted a request to the City of :t Delray Beach that the build out date for the Waterford Place DRI be extended from June 30, 1996, to November 30, 1997; and ... 0 WHEREAS, the Planning and Zoning Board, as Local Planning Agency for the City of Delray Beach, considered the requested change at a public hearing held August 28, 1995, and voted to recommend to the City Commission that the extension request be approved. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the second portion of the CONCLUSIONS OF LAW dealing with Commencement and Progress of Development is hereby modified as follows: .. .. 2. Failure to initiate construction within three years from the effective date of the Development Order, or failure to maintain .. reasonable progress toward completion of the development after having ,.. initiated construction in a timely manner shall constitute a .'" substantial deviation and the development shall be subject to further . :,.r consideration pursuant to Section 380.06, Florida Statutes. '- ... Construction shall be deemed to have been initiated after placement of permanent evidence of a structure (other than a mobile home) on a site, such as the pouring of slabs or footings or any work beyond the stage of excavation or land clearing. . " , ' - - . " í -, ... ...;. -- · , '. ~ ,d The build-out date, not initially included in the DRI-DO, is S- extended to ~~~¢/~Ø¡/¡~~~ November 30. 1997. · . _.. Section 4. That Resolution No. 40-85, Ordinance No. 96-87, ' . Resolution No. 80-89, Resolution No. 132-92, and Resolution remain in ... -- effect except as modified herein. .;...... --:;-,." Section 5 . That this resolution shall become effective immediately upon passage. .. .. PASSED AND ADOPTED in regular session on this the 5th day of September, 1995. ~~ ~-.. ATTEST: 01, (;¡m'-fft1.i' /11, ~ 1!n7ly .., ,~ ity Cle k .. · .. .- . ,- ,~, , , "::.:J. · . L : ; ~r: , .- ... .-- --'. : .. ...-~ --, - , . - 2 - Res. No. 60-95 . , CITY COMMISSION DOCUMENTATION TO: ~~MANAGER THRU: DIANE DOMING EZ, DIR ~RTM~LAN ZONING 1~ "- FROM: PAUL DORLlN P INCIPAL PLANNER SUBJECT: MEETING OF SEPTEMBER 5, 1995 EXTENSION REQUEST OF BUILD OUT DATE FOR WATERFORD DRI FROM JUNE 30,1996 TO NOVEMBER 30,1997. ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is approval of a proposed change in the build out date to a previously approved DRI (Development of Regional Impact) for Waterford Place. The DRI is located south of Linton Boulevard east of 1-95. BACKGROUND: For detailed background information refer to the attached Exhibit A. The Waterford Place DRI had an original build out date of December 31, 1992. Previous extension requests have extended the build out date to June 30, 1996. In December, 1994 the applicant submitted a Notification of a Proposed Change for the Waterford Place DR!. The change related to an extension of the build out date from June 30, 1996 to November 30, 1997. This extension will represent a cumulative extension of 4 years 11 months. ANALYSIS: Processing of a DRI extension is pursuant to F.S. 380.06(19) as recently amended by House Bill 1659. F.S. 380.06(19)(c)(2) as amended states "an extension of less than 5 years is not a substantial deviation". Further, F.S. Section 380.06(19)(c)(2) states "A proposed change that involves an extension of the build out date of less than 5 years is not subject to the public hearing requirements of sub paragraph (f)(3) and is not subject . ,¡ City Commission Documentation Extension request for Waterford DRI Page 2 to a determination pursuant to sub paragraph (f)(5)" (determination whether further development of regional impact review is required). As described in the attached chronology (Exhibit A), reasonable efforts have been made to complete the project. These include: · Installation of infrastructure · Completion of Waterford Place apartments - · Completion of Builder's Square retail store · Participation in roadway improvement costs The applicants have stated that due to a long-standing slump in the office market, they've been unable to develop the remainder of the property as provided in the plan. If the project is allowed to expire without being completed, the DRI will no longer be valid. All vesting for traffic concurrency will expire as well, which will severely hamper the potential for the future development of this property. It is therefore in the City's best interest, as well as the property owners', to extend the build-out date as requested. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board considered the item at its meeting of August 28, 1995. No one spoke at the public hearing and the Board unanimously recommended approval of the extension request on a 6-0 vote ( Schwartz absent). RECOMMENDED ACTION: By motion, approve the extension request for Waterford Place DRI from June 30, 1996 to November 30, 1997. Attachment * Exhibit A * DCA & Treasure Coast Letters S:\PLANNI\DOCUME\REPORTS\WPDRI.DOC , ·, EXHIBIT A The following is a brief review of significant events leading to the current modification. In 1980, the property was platted as Parcels 3 and 4 of the Linton Center Subdivision. Lot 1 of that plat is now known as the Delray Crossing Shopping Center (Target, Bizmart, Circuit City, et al) and Lot 2 is now known as Laver's North. In 1984/85, the Delint Development of Regional Impact (DRI) and associated zoning to Special Activities District (SAD) was processed. The SAD (including use approval and a site specific development plan) was approved by Ordinance No. 79-84 in October, 1984. The subsequent DRI Development Order (DRI-DO) was approved by Resolution No. 49-85 on May 28,1985. The infrastructure for the Office Park portion of the SAD and the water management lakes were constructed during the next two years. Also, several street improvements required through the DRI-DO were constructed, most through projects undertaken by the County (Linton Boulevard widening, Congress Avenue widening). In November, 1987, the Waterford Village apartment complex was approved through an amendment to the SAD (via Ordinance No. 96-87). In addition to a change to the site specific development plan, that action included changing the basis for triggering certain street improvements from use intensity (floor area, number of unitslrooms) to traffic generation (ADT). In April, 1988, a site plan was approved for Linton Office Center, resulting in a change in points of access to the DRI by allowing direct access to the hotel site via Waterford Place. (Waterford Place was a roadway proposed to serve an approved office building and dedicated to the public.) Abandonment of Lindell Boulevard and a portion of Germantown Road was approved by Resolution No. 58-90. The resulting property was incorporated into the Target and Circuit City projects. In November, 1989 a SAD/DRI modification which replaced the site specific development plan with an overall Master Development Plan (MDP) was approved. The MDP was more general and would allow minor site plan changes to occur without the necessity of concurrently amending the DRI-DO. This action was consummated through Ordinance No. 68-89 and Resolution No. 80-89. . ·, Also, in November, 1989, the site plan for Delray Crossing (aka Linton Retail Center) which accommodates the Target store was approved. This center was developed by the owners of the Waterford DR!. In April, 1990, the site plan for Circuit City and related retail was approved. This development replaced the previously approved office building along Waterford Place. In December, 1991, a SAD/DRI modification request was received to delete the use of a hotel and 233,000 sq.ft. office space and add the use of general retail, specifically a 107, 400 sq.ft. single tenant facility (Builders Square). The first step in processing the request was to determine whether or not it was a "substantial deviation" to the approved DR!. Such a determination is required pursuant to F.S. Chapter 380.08(19). The determination dictates the manner in which the associated development application (SAD/DRI-DO modification) was to be processed. In August, 1992, the City Commission made a determination that the proposed changes did not constitute a substantial deviation. Subsequently, in September, 1992, the formal application for the proposed SAD/DRI-DO modification was accepted for processing. The SAD/DRI-DO modification was approved by the City Commission on December 16, 1992, by Resolution No. 132-92 and SAD Ordinance No. 64-92. In February, 1993 a Notice of Proposed Change was considered by the City Commission to change the build out date to June 30, 1997, and revise conditions of the original DRI including Condition #22, (relative to the widening of S.W. 10th Avenue south of Linton Boulevard) and Conditions 17, 18, and 19, (relative to studies by FDOT concerning 1-95 ramp improvements). The City Commission approved the extension request to June 30, 1996. In June, 1993 the City Commission amended Condition 22 and took no action on amendments to Conditions 17, 18, and 19. The Development order resolution accommodating the above was approved by the City Commission on February 21, 1995 (Resolution No. 10-95). . r r ( STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS 2740 CENTERVIEW DRIVE . TALLAHASSEE, F LOR I D A 3 2 3 99,- 2 j 00 . LAWTON CHILES LINDA LOOMIS SHELLEY Goftmor Secrelary July 26, 1995 Mr. John Walker, Project Coordinator City of Delray Beach Planning Department 100 Northwest 1 st Avenue Delray Beach, Florida 33444 Dear Mr. Walker: The Florida Legislature recently adopted House Bill 1659 which amended portions of Florida Statutes Section 380.06(19). Based on House Bill 1659 the Department I conducted a reevaluation of the Waterford Place development of regional impact (DRI) notice of proposed change (NOPC), dated December 29, 1994. House Bill 1659 amended Florida Statutes Section 380.06(19)(c) which provides that an extension of the date of buildout of a development of less than 5 years is not a substantial deviation. Furthermore, Subparagraph 380.06(19)(e)2 was amended to provide for a proposed change...that involves an extension of the buildout date of a development...of less than 5 years is not subject to the public hearing requirements of subparagraph (f)3., and is not subject to a determination pursuant to ,Subparagraph (f}5~ During the Departments reevaluation the proposed change to the Waterford Place DR I, we can now concur with the applicant's position that the proposed modification is consistent with the parameters identified in Subparagraph 380.06(19)(e)2., Florida Statutes (F.S.) pursuant to House Bill 1659, and that the City is Jm(dill:%~ public hearing to make a substantial deviation determination. D. . U JUL 28 \995 PlANNING & ZONING EMERGENCY MANAGEMENT. HOUSING AND COMMUNITY DEVElOPMENT· RESOURCE PLANNING AND MANAGEMENT . ( ( ~ Mr. John Walker July 26, 1994 ~ Page Two j ~ The Department is hereby notifying the City of Defray Beach, pursuant to ~ Subparagraph 380.06(19)(f)4., ES., that a public hearing is not required and that the . Department would not attend if a hearing is scheduled. If you have any additional I questions, please call me or Greg Stuart, Planner IV, of my staff in the Bureau of Local Planning at (904) 487-4545. f ~ Sincerely, I C)A~ Charles Gauthier, A.I.C.P. Growth Management Administrator CG/ggs cc: Mr. Gregory S. Kino, Boose, Casey, et al Mr. Mike Busha, Acting Executive Director, TCRPC . treQlure ( co~t regional planniQ9 June 26, 1995 council Ms. Diane Dominguez, Director Planning and Zoning Department City of Delray Beach 100 N. W. First A venue Delray Beach. FL 33444 Subject: Watelford Place Development of Regional Impact - Review of Proposed C~ge Dear Ms.. Dominguez: In accordance with the requirements of Section 380.06(19), Florida Statutes, we have reviewed the '"Notification of a Proposed Change to a Previously Approved Development of Regional Impact (DRI)" (NOÞC) for Waterford Place DRI originally dated December 29, 1994 and submitted to Council by Alan J. Ciklin on December 30, 1994, The proposed change was reviewed and Council commênts were sent January II. 1995. No action was taken at that time because the applicant indicated that the NOPC would be modified. The NOPC was not modified and the applicant submitted an additional letter dated May 30, 1995 and received by Council June 5, 1995 requesting that the process pOOceed. The NOPC proposes to extend the buildout date to November 30, 1997. This represents a cumulative extension of four years and eleven months. Currently, changes of this Ï1ature are preSumed not to reqùire substantial deviation review pursuant to Paragraph 380.06( 19)(c), F.S. The presumption may be rebutted by clear and convincing evidence that no ncw or previously unreviewed regional impacts will occur as a result of the change However. upon 5ign<ttur~ b~ the Govemor. the amended language in the Statutc will stipulate that an extensiº!l.9fJhç,gª!.çQL.Þ.J.!.Udo~t..9f.ª-ŒydºP-rt.1ØL"!çss "thaIL"' ,yç1\.J~ !~ !lQUL~l!.b~!antiª-1 dcviation and is not subiect to the Dublic hearing requirements. Upon becoming 1..1\\, this change \\'ill be retroactive to December 31, 1994. Please transmit a certified copy of any development order amendment adopted pursuant to this NOPC. If you have any questions, please call. ~(fr8 - Michael J. Busha Acting Executive Director LESf(es cc: Karen Marcus, TCRPC Chairman Greg Stuart, FDCA ~¡f,>t;.. í5' !t \Iffif' [lj ",~,t\'\!.:..:iJ\,·.,~1 , L. Martin Hodgkins, PBC ~" ü:~~ -, L:.J ~I ) \l ... '- I Alan J, Ciklin. Applicant ~ Jt:.\: ::':'.~~ h::) 3228 s.w, martin downs blvd, suite 205 . p,O, box 1529 PLANNING & ZONING : palm city, Horida 34990 phone (407) 221,4060 -. --... sc 269,4060 lax (407) 22\,4067 . . - ' . 01( PJ1 [ITY OF DELIAY BEA[H DELRA Y BEACH f LOR I D A tKe.d 100 N,W, 1st AVENUE· DELRAY BEACH, FLORIDA 33444·407/243·7000 AlI·America City " III! MEMORANDUM 1993 TO: David T. Harden, City Manager FROM: ß~bert A. Barcinski, Assistant City Manager SUBJECT: AGENDA ITEM #9D CITY COMMISSION MEETING 9/5/95, APPROVAL INTERLOCAL AGREEMENT· CITY OF DELRAY BEACH· PALM BEACH COUNTY SCHOOL BOARD· PINE GROVE PLAYGROUND/PARK DATE: September 1 1995 ACTION City Commission is requested to approve the Master Interlocal Agreement and the Addendum to the Agreement for the Pine Grove Elementary School Park/Playground project. BACKGROUND Staff has been working with the School Board staff over the last six months to finalize the required agreements for the Pine Grove Park/Playground project. The Master Agreement is a general School Board Agreement for joint use of facilities, the Addendum is site specific to this project. The Addendum covers Phase I of the project previously approved by City Commission. Elements contained in Phase I include the playground, multi-purpose court, multi-purpose ballfield, and site work and irrigation for these areas. The Addendum is written with the City taking the lead for processing through our Boards and for design and construction management. We felt we could process the project quicker. School Board staff intends to take these Agreements to their Board for action on 9/10/95. The Agreements have been reviewed by Mr. Weldon and the City Attorney's office. The City Attorney recommends that an additional paragraph be added to read "in the event of a conflict between the Master Agreement and the Addendum, the Addendum shall controL" RECOMMENDATION Staff recommends approval of the Master Interlocal Agreement and Addendum between the City of Delray Beach and the Palm Beach County School Board for the Pine Grove Park/Playground project as amended by the City Attorney. RAB:kwg ~q-ð File:u :graham/agenda Doc.:Parkplay,PG @ Printed 0" Recycled Paper THE EFFORT ALWAYS MATTERS . ,,' '. '. llA6 REVISED BOARD REPORT SEPTEMBER 6, 1995 JOINT USE INTERLOCAL AGREEMENT BETWEEN THE PALM BEACH COUNTY, PALM BEACH COUNTY SCHOOL DISTRICT AND THE CITY OF DELRA Y BEACH PLANNING AND REAL ESTATE Representatives from the City of Delray and the School District staff have met on numerous occasions to discuss interlocal agreements on the joint use of facilities between each agency. The attached documents include a Master Interlocal Agreement between the School Board and the City of Delray Beach, which sets forth the enabling basis of mutually beneficial use of all school facilities and City facilities. The,second document implements the Master Interlocal by identifying a specific facility and City improvements. The second document attached is the "Addendum to Interlocal Agreement for the Mutual Use of Recreational Facilities at Pine Grove Elementary School." A preliminary site plan for Pine Grove Elementary School has been developed by City and District staff. The plan provides for integrating the school playground and adjoining City park land as one design. . The main elements of the plan include a playground, hard court play area, softball field, walking and picnic area, basketball courts, pavilion and rest rooms, security lighting and fencing. The total estimated cost is approximately $263,000. The basic needs of the school are the playground, hard court play area, ballfield, fencing and some lighting. The City's Education Board has reviewed this plan and supports the plan except for the softball field. They favor an open playfield that could be utilized for softball and other activities. They also suggest a phased construction approach due to limited funding, with the first phase to include the basic needs of the school. It is estimated that this phase would cost $150,000 or less. The has a commitment of $40,000 funding from the Palm Beach County District Commission's Equity Fund and $40,000 $44,000 from the Area Superintendent's Funds for playground equipment. The City in addition has made a financial commitment of $45, 000. I recommend the Board approve Addendum to the Interlocal Agreement for the Mutual Use of Recreational Facilities at Pine Grove Elementary School and the City of Delray Beach; authorize . . l1A6 REVISED BOARD REPORT SEPTEMBER 6,1995 PAGE TWO the Chairman and Superintendent to sign necessary documents; and authorize necessary budget amendments. Respectfully submitted, Bernard Shulman Superintendent Recommended by: Lawrence G. Zabik: Michael J. Murgio Agustin A. Hernandez (Contact Person - 434-8122, PROFS ID "AHERNAN") Estimated Cost: $45,000 Funding Source: FY95 Contingency Funds (to be transferred to project budget) - H: \data \ wp51 \doc \brdrpt\11 A6906. pie . This Instrument Prepared by: Agustin A. Hernandez with Robert A. Rosillo and should be returned to: Robert A. Rosillo, Associate Counsel The School Board of Palm Beach County 3318 Forest Hill Boulevard ( West Palm Beach, Florida 33406-5813 This space provided for recording purposes. Do not write in this space. - - - - - - - - - - - - - - - - - - - - - - - - -. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - MASTER INTERLOCAL AGREEMENT BETWEEN THE SCHOOL BOARD AND THE CITY OF Delrav Beach THIS AGREEMENT, entered into this day of , 1995, between the SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA, a corporate body politic pursuant to the Constitution of the Stat~ of Florida, (hereinafter referred to as "SCHOOL BOARD"), and the CITY OF DELRA Y BEACH, a Florida municipal Corporation, (hereinafter referred to as "CITY"). WITNESSETH: WHEREAS, it is the intent of the Local Government Comprehensive Planning and Plan Development Regulation Act, F.S. 163.3161 (4), to encourage and ensure cooperation between and among the local governmental entities to provide for the coordination of development activities of units of local government; and WH;EREAS, the SCHOOL BOARD is the controlling body of the Public Schools of Palm Beach County, Florida, and does own and operate schools in the City of Delray Beach; and WHEREAS, bo!h the SCHOOL BOARD and the CITY recognize the needs, on occasion, for both parties to utilize the facilities of the other, thereby minimizing the duplication of facilities; and WHEREAS, the CITY, under its powers, is desirous that und~r its required procedure that the integrity of its Comprehensive Land Use Plan is maintained and that the residents have reasonable use of certain parts of the school facilities when not in use for educational or program purposes established by the BOARD. WHEREAS, the CITY is the controlling body of the parks and recreation areas and does own and operate these areas in the City of Delray Beach. NOW, THEREFORE, for and in consideration of the covenants herein contained, the parties agree as follows: 1. That this Agreement is entered into under the authority of Section 163.01, Florida Statutes. 2. Individually designated school center facilities and city facilities shall be subject to all tenns and conditions of this Agreement through an Addendum to the Agreement. 3. All school center facilities which have been made available through specific addendum to this Interlocal Agreement shall be available for public use when not required by the SCHOOL BOARD for its public education program; provided however, such use shall be subject to the rules, regulations and policies of the SCHOOL BOARD and in compliance with all Federal, State and local laws. 4. All School Board facilities shall be available for City use when not required by the School Board for its programs; provided, however, such use shall be subject to the rules, regulations and policies of the Schoo! District and in compliance with all Federal, State and local laws. h :\data\wp50\doc\agrcclllt\pincgrov ,cdb ^AH:lm 8110/95 I . 5. The CITY's use of school center facilities shall be requested by proper application identifying the nature of the use, facility space requirements, and SCHOOL BOARD personnel requirements in accordance to the SCHOOL BOARD policies manual Chapter III, Personnel, Section 3.01 and Chapter VII, Facility & Operations, Section 7.18(7), community use of school. Application for use shall be made to the school's Principal at leaSt ten (10) days prior to CITY use with the Principal making a recommendation on the use to the SCHOOL DISTRICT and/or Assistant Superintendent of Support Services. Final approval or denial of the application will be by the SCHOOL DISTRICT and/or Assistant Superintendent of Support Services. The CITY shall be notified of the decision at least 5 days prior to the intended use date. 6. The School Board's use of City facilities shall be requested by proper application identifying the nature of the use, facility space requirements, and City personnel requirements. Such use shall be subject to the City's rules, regulations and policies, and in compliance with all Federal, State and local laws. Application for use shall be made to the City Manager at least ten (10) days prior to School Board use with the Manager making a decision on the use. Final review and approval of the application rests solely with the City Manager or his designee and the School District shall be notified of their decision at least 10 days prior to the use. 7. The CITY recognizes its liability for certain tortious acts of its agents, officers, employees and invitees to the extent and limit provided in Chapter 768.28, Florida Statutes, for the period of time the City is using the facilities designated through an addendum to this Agreement, provided however, that this provision. shall not be construed as a waiver of any right or defense which the CITY may possess, and it resery~s all such' rights as against any and all claims that may be brought against it under this Agreement. 8. This Agreement may be modified only by mutual resolution of the parties' respective governing bodies. 9. This Agreement may be recorded in the Public Records of Palm Beach County, Florida. 10. This Agreement shall be in full force and effect for a period of three (3) ten (10) years commencing on the day and date first written above. It is understood that this Agreement. may be renewed or extended by the mutual consent of the governing bodies for both parties, for an additional three (3) ten (10) years commencing at the expiration of the original previous three year term, subject to the same terms and conditions and provided herein and by addendum or amendment. Either party intending to exercise the option to renew this Agreement, shall provide the other party with written notice of their intent at least one hundred eighty (180) days prior to the expiration of the term of this Agreement. 11. This Agreement may be terminated in its entirety by either party giving to the other party, written notice at least one hundred eighty (180) days prior to the date of termination. 12. All notices herein required, permitted to be given to or served upon either party shall be in writing. Any such notice shall be deemed sufficiently given or served, if served personally, sent Certified mail by the United States Mail, or by any nationally recognized overnight carrier to the SCHOOL BOARD or the City at the address set forth as follows: h:\data\wp50\doc\agrcclIltlpineg mv .cd" AAH:lm 8/10/95 2 . As to School Board: SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA Office of General Counsel 3318 Forest Hill Boulevard West Palm Beach, Florida 33406-5813 With Copies to: Bernard Shulman" Superintendent 3340 Forest Hill Boulevard West Palm Beach, Florida 33406-5869 & to the City: Susan Ruby, City Attorney City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 With Copies to: David Harden, City Manager City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 Robert A. Barcinski, Assistant City Manager City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 13. If any term or provision of this Agreement shall, to any extent, be deemed invalid or unenforceable, the remainder of this Agreement shall be valid and shall be enforced to the fullest extent of the law. 14. This Agr:ement together with any addendum that may now or in the future be attached and become a part hereof of this Agreement set forth all covenants, promises, agreements, conditions and understandings between the parties hereto. There are no covenants, promises, agreements, conditions and understandings, either oral or written, between the parties other than those herein set forth. Except as herein provided, no subsequent alteration, changes, or additions, shall be binding the parties, unless and until reduced to writing and signed by both parties. IN WITNESS WHEREOF, this Agreement has been executed by the parties herein on the day and year first above written. Signed in the presence of SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA lody Gleason, Chairperson Attest: Bernard Shulman, Superintendent SCHOOL BOARD OF STATE OF FLORIDA PALM BEACH COUNTY, FLORIDA COUNTY OF PALM BEACH h:\data\wp50\doc\agrcclIIl\pincgrov.cub AAH:lm 8/10/95 3 . I HEREBY CERTIFY that on this date before me, an officer duly authorized in the State and County first named above to take acknowledgements personally appeared Chairperson of the Palm Beach County School Board, and Chairman Bernard Shulman as Secretary of the School Board of Palm Beach County, Florida and they acknowledged before me that they executed the foregoing iI1&trument as said officers and that they also affixed thereto the official seal of the School Board. SWORN TO and subscribed before me this _ day of ,1992. My Commission Expires Notary Public (Notary Seal) Signed in the presence of: City of Delray Beach, Florida Mayor Thomas E. Lynch Attest: City Clerk STATE OF FLORIDA COUNTY OF PALM BEACH I HEREBY CERTIFY that on this date before me, an officer duly authorized in the State and County aforesaid to take acknowledgements personally appeared Clara K. Williams as Mayor, and Gwendolyn E. Davis, as City Clerk of the City of Delray Beach, Florida, and they acknowledged before me that they executed the foregoing instrument as said officers of the City and that they' also affixed thereto the official seal of the City of Delray Beach. SWORN TO and subscribed before me this _ day of , 1992. My Commission Expires: Notary Public (Notary ffJ ç1/h Approved: Approv / ~. . ,/ Robert A. Rosillo Susan Ruby School Board Attorney City Attorney h: Idata Iwp50\doclagrccmtlpínegrov ,cdb AAH:lm 81lO195 4 . This Instrument Prepared by: Agustin A. Hernandez with Robert A. Rosillo and should be returned to: Robert A. Rosillo, Associate Counsel The School Board of Palm Beach County 3318 Forest Hill Boulevard West Palm Beach. Florida 33406-5813 --- -------------------------------- ADDENDUM TO INTERLOCAL AGREEMENT FOR THE MUTUAL USE OF RECREATIONAL FACILITIES AT PINE GROVE ELEMENTARY SCHOOL AND THE CITY OF DELRA Y This Agreement made and entered into this _ day of , 1994 by and between the CITY OF PALM BEACH GARDENS, Florida, a municipal cooperation organized and existing under the laws of the State of Florida, hereinafter referred to as the "CITY" and the SCHOOL BOARD OF PALM BEACH - COUNTY, Florida, a public school corporation, hereinafter referred to as the "BOARD". WIT N E SSE T H: WHEREAS, the BOARD is the owner in fee simple of the 10.0+ acres of land and improvements thereon known as Pine Grove Elementary School located within the CITY. A complete description thereof being attached hereto as Exhibit "A". WHEREAS, both the BOARD and the CITY desire to provide adequate recreation and playground facilities at Pine Grove Elementary School for the mutual benefit of Pine Grove students and City residents, and, WHEREAS, both the BOARD and the City realize that it is advantageous for both parties to jointly develop and utilize said facilities, thereby eliminating unwarranted duplication of facilities and expense. NOW, THEREFORE, For and in consideration of mutual benefits received by each party, the parties hereto mutually agree as follows: I. Scope/Purpose of Proiect The scope of this project includes the construction of a playground/park for joint School/City use, on property owned by the School Board, more commonly known as Pine Grove Elementary School, located at S,W. 4th Avenue and S.W. 10th street in Delray Beach. See Exhibit "A." Elements of construction are outlined in Exhibit "B" and will be completed in phases, with Phase I to start with the execution of this Agreement. See Exhibit" A. " --- H : \data \ wp5 1 \doc\agrcemt\addcndum, p ie 1 AAH:lm 7/25/95 . . . II. Ownership The property on which the proposed facilities are to be built will remain in the ownership of the Palm Beach County School Board. III. Funding Funding for this project will be provided by the CITY and tile BOARD with contributions to the CITY by Palm Beach County. Phase I construction funding is to be provided as follows with the executive of this agreement: 1. City of Delray Beach $45,000 2. Palm Beach County $40,000 3. School Board up to $45,000 for playground equipment acquisition Funding for subsequent phases will be provided as dollars becomes available. The specific amounts - and allocation of same will be incorporated as an addendum to this Agreement. - IV. Responsibilities A. School Board The School Board will be responsible for the following items: 1. Site Plan Development 2. Processing road and alley abandonments and rezoning requests through the City of Delray Beach. 3. Acquisition of playground equipment and installation 4. PrQvide construction oversight for the installation of playground equipment. 5. Provide input to City staff in the preparation of plans and specifications for bid documents . 6. Provide site survey and topographic survey. B. City of Delray Beach The City of Delray Beach shall be responsible for the following: 1. Obtain County funding. 2. Develop and process site plan for City Board approval. 3. Assist the School Board in processing the City Board approvals. 4. Prepare final plans and specifications for bid, bid project, and provide construction management services in consultation with School Board staff. V. Uses of Property 1. Mutual Use of Athletic Facilities. Each party agrees to pennit the other, according to ___ prescribed procedures and conditions set forth herein, to utilize its athletic facilities and each party shall be responsible for its utilities cost associated herewith. The athletic and recreational facilities at Pine Grove Elementary School, owned and operated by the BOARD shall be available for use by the City except during H: \data\ wp51 \doc\agrecmt\addcndum. pie 2 AAH:lm 7/25/95 normal daytime school programs for children, or when being used for school activity programs. The athletic and recreational facilities owned and operated by the City, such as the City's ball fields and park space, shall be available to the BOARD for use by the various public schools in the City, except at those times when, in the opinion of the City of Delray Beach Recreation Department, the recreational needs of the City have priority over the use of the facility by the students. 2. Procedure for Requesting Use of a Facility: All requests by the City for the use of the Pine Grove Elementary School athletic facilities will be initiated by the Director of the City Recreation Department and directed to the Principal of Pine Grove Elementary School. The Principal will evaluate the request and approve if the facility is not otherwise in school use. All requests by the School Board for the use of the City facilities will be initiated by the Principal of Pine Grove Elementary School and directed to the Direc_tor of the City Recreation Department. The Director will evaluate the request and approve if the facility is not otherwise in use. 3. Notice: The City and Board agree to provide adequate notice, when it is necessary to use the above described facilities. Notice may be in the form of a schedule of activities; memoranda or other written form, outlining the date, time and facility needed. Adequate notice is deemed to be ten days prior to the date needed. In the eve~t of scheduling conflicts, the facility's owners schedule will prevail if an alternative cannot be agreed upon. 4. AdeQuate Supervision and Student Conduct: Both parties agree to provide adequate - supervision at all times, taking into consideration the type of activities planned, when using the other's facilities. Student conduct and discipline at school facilities shall be governed by School Board policy Chapter 5.18. A copy of School Board Policy Chapter 5.18 being attached hereto as Exhibit "C". 5. Manner of Use: Cleanup: Both parties agree to utilize the facilities and equipment of the other in the manner, and to the extent and degree intended for the particular facility or equipment in use and further agree to leave such facilities and equipment in a clean and orderly condition upon leaving the facility. 6. Vandalism to Facilities When in Use Pursuant to this Agreement: The City agrees to be responsible for vandalism occurring to the BOARD'S facilities occurring during the periods the facilities are used by the CITY. The BOARD agrees to be responsible for vandalism occurring to the CITY'S facilities occurring during the periods the facilities are used by the BOARD. The owner of the respective ___ facility shall cause such repairs to be made as necessary to correct the damage and submit an itemized invoice to the other for damage incurred during the other's use of the facility. H:\data\wp51\doc\agrecmt\addcndum,pic 3 AAH:lm 7/25/95 . ' . . VI. Facilitv Maintenance The following maintenance responsibilities will be assumed by each entity on completion of Phase I improvements: A. School Board - Phase I . 1. Playground equipment maintenance and repair. 2. Hard court maintenance and repair, including basketball goals and rims. 3. Fencing 4. Grounds and irrigation for the playground area.,.aftd nmlti pUPf'ð3~ field. ¡=>,.Aß B. City - Phase I 1. Grounds and irrigation on the multi-purpose field. 2. Backstops and benches on the multi-purpose field. 3. Water fountains on multi-purpose field. _.. VII. Site Security: - The BOARD will be responsible for securing the School site on a daily basis. The CITY will be responsible for securing the Park site daily. Construction will be completed in such a manner as to provide cross access between the playground area and the balance of the Park site, but will provide adequate security for the main school site. VIII. Insurance: The BOARD re~gnizes its liability for certain tortious acts of its agents, officers, employees and invitees to the extent and limit provided in Chapter 768.28, Florida Statutes, the State of Florida's partial waiver of sovereign immunity, for the period of time the BOARD is using CITY facilities designated through an addendum to this Agreement, provided however, that this provision shall not be construed as a waiver of any right or defense which the BOARD may possess, and it reserves all such rights as against any and all claims that may be brought against it under this Agreement. IX. Terms: This Agreement shall become effective upon approval of both parti<,:s, and shall continue ten years with a five year renewal by mutual consent of both parties. X. Termination: Either party may terminate this Agreement without cause upon sixty (60) days written notice to the other. However, should this Agreement be terminated prior to the original ten (10) year period by the--- School Board, the Board will reimburse the City for its share and the County's share, based on a straight line ten (10) year amortization schedule. Notice pursuant to this Agreement shall be give to the BOARD [,[: \data \ wp5 I \doc\agrcemt\addcndum, pie 4 AAH:lm 7/25/95 . . . at: Superintendent of the Schools, 3340 Forest Hill Boulevard, West Palm Beach FL 33406; and to the City at: City Manager, 100 North West 1st Avenue, Delray Beach, Florida 33444. Both parties to this Agreement agree not to discriminate against any person on the basis of race, religion, national origin, age, sex, or martial status, in the use of athletic facilities pursuant to the Agreement. This Agreement contains all the understandings of the parties hereto, notwithstanding any previous written or oral understandings between the parities on the same subject. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be signed in their respective names by their proper officials and under their official seal as of the day and year first above written. ATTEST: CITY OF DELRA Y BEACH, FLORIDA . - -, - By: By: City Clerk Mayor Thomas E. Lynch (SEAL) SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA - - ATTEST: By: By: Jody Gleason, Chairman Bernard Shulman, Superintendent (SEAL) . APPROVED AS TO FORM AND APPROVED AS TO FORM AND LEGAL SUFFICIENCY LEGAL SUFFICIENCY --- CITY ATTORNEY ----- By: ¿; By: --- ..' .. Susan Ruby /0 ert Rosillo H:\data\wp51 \doc\agrcclllt\addcndulll. pic 5 AAH:lm 7/25/95 . ___.___ .J____.__ __.___.. _..._ ~.- -.,- .. - . ~ M'" Vi ..;__--...'1'.._ _ =~~:. ._-~ The GREATER DE_L~Y BEACH Chamber of Commerce ---------- August 28, 1995 Mr. David Harden City of Delray Beach l00N.W. lstAvenue Delray Beach, FL 33444 Dear Mr. Harden: We have contracted with EnùNet Domain, a local internet access provider, for graphic and text representation for Delray Beach on the Worldwide Web, The Delray Beach Web Page will be much like our Chamber Guide which describes Detray history, culture, parks & recreation, dining, shopping, things to see an do and awards & special designations. It will also feature special events and activities calendar infonnation as well as infonnation exchange via electronic mail (E~mail), To view the Delray Beach Worldwide Web site one can JUMP to http://www.emi.netldelray/delray.html. The Delray Chamber E-mail address is: Chamber@Delray Beach.com. With your permission, we would like to include the City of Delray Beach logo (along with the All-America City and Chamber logos) on the Delray Worldwide Web site. Please call me with any questions or if I can provide additional infonnation. Sincerely, " Ka~~ OELkA\' B£.CH , L O. I 0 - Grea.ter Delray Beach Chamber of Commerce, Inc. Mæ 64 S,E, Fifth Avenue, Delray Beach, Florida 33483 407·278·0424 · Fax 407-278-0555 " I' I Chamber Accredited I>y United States Chamber of Commerce . 9.£. '" M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM # q F - MEETING OF SEPTEMBER 5, 1995 APPOINTMENTS TO POMPEY PARK ADVISORY COMMITTEE DATE: AUGUST 31, 1995 The terms of M. Sue Jackson and Deborah Wright, citizen members on the Pompey Park Advisory Committee, will expire on September 13, 1995. Ms. Jackson is eligible and would like to be considered for reappointment. Ms. Wright is not interested in reappointment at this time. The term is for two years, ending September 13, 1997, Attendance records are attached. Applications have been received from the following: Ruth Adams M. Sue Jackson (incumbent) Stacey L. Garvin Charlene E. Pollard Willie Potts, Jr. Adalaine D. Wilson Per Commission direction, a check for outstanding code violations and/or municipal liens was conducted. None were found. The appointments will be made by Commissioner Ellingsworth (Seat #3) and Commissioner Randolph (Seat #4). In addition, there are two vacancies on the committee for persons from the 13 to 19 years age group. We are working to obtain applications from interested individuals and will schedule these appointments for a future agenda. Recommend appointment of two citizen members to the Pompey Park Advisory Committee for two year terms ending September 13, 1997. m. 0U£ d~ ~ k¡ /lh. ~ .1-/ -0 Lu~ fod:t;-,j? ~ 4 /lh. ~~ ref: agmem02 .L./-o " , POMPEY PARK ADVISORY COMMITTEE 1995 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec / Alan Holliday P Ex P P A P .' . Dwayne Jackson P P P P P P Tommy Stevens P . P P P P P P 00 M. Sue Jackson p p P P c:: P .,..¡ P P Ex Q DEborah Wright P A ~ A Jessie Gaskins p Ex Ex P A 0 A z Sam Brown p Ex Ex A A A .. ., . " ,. , I POMPEY PARK ADVISORY COMMITTEE 1994 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Alan Holliday P P P P Dwayne Jackson Ex p P P Tommy Stevens P P P P M. Sue Jackson p P P P Deborah Wright P P P P Jessie Gaskins , Ex P Ex Ex Sam Brown - Ex P Ex P .. I i atten.doc ., r . CITY OF DELRAY BEACH BOARD MEMBER APPLICATION NAME M. Sue Jackson 5331 Woodland Drive, Delray Beach HOME ADDRESS (Street, City, Zip Code) (LEGAL RESIDENCE) Carver Middle School PRINCIPAL BUSINESS ADDRESS (Street, City, Zip Code) HOME PHONE 496-3862 BUSINESS PHONE 279-1717 ON WHAT BOARDS ARE YOU INTERESTED IN SERVING Pompey Park Advisory Committee LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY SERVED (Please include dates) none EDUCATIONAL QUALIFICATIONS B.A., Physical Education LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD Member, Health, Education & Recreation of Florida GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION Palm Beach County School Board - Crisis Intervention Teacher DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS BOARD Health, Recreation & Education major in college; have worked for Essex County (New Jersey) Parks &. Recreation Commission PLEASE ATTACH A BRIEF RESUME. I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA- TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE. 9/8/94 SIGNATURE DATE 4/90 . ... . . " , CITY OF DELRAY BEACH BOARD MEMBER APPLICATION ?l4, . (LEGAL RESIDENCE) . .. BUSINESS PHONE ON WHAT BOARDS ARE YOU INTERESTED IN SERVING " U û>~\\-tf,·~.Q\hò ûnv\-mu!V:tv ~eDeJeJ....ofMeNf CV¡~Ll/ LIST ALL CITY BOARDS ON WICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY SERVED (Please include dates) . ~ 8 G I' ~ ôrI\ferl wLC\.t>\l15ðtyt.. f'f"CJM CfLf -k Cf~ EDUCATIONAL QUALIFICATIONS C-. lO. ' J (}1 c.e (J.i\ FH:'Pt"\ O..-vS ç\'CiW\ í'~1{Jt .~y7 IYl. LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD -- - GIVE YOUR . PRESENT , OR MOST RECENT EMPLOYER, AND POSITION fY]~ ~k « e<:eti t- k.0O\/eA.. l.JG¡,~ U-' Oe~5 LA '"()(\j Lo.r[.. (J r~~ell!"t : ~ l1r-k l..a\.ÙJ (1ltW1. DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS BOARD Peof1e... wccl( e:~{)en le/Vce.- If j.-¥\ Peoll1e=- - ct\ SO , . Po~fa {J~~YJV~)6ß.\/.'· ' PLEASE ATTACH A BRIEF RESUME. I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA- TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE. W~ ÇO~. DATE SIGNATU . 4/90 . · MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~~ SUBJECT: AGENDA ITEM # 9G - MEETING OF SEPTEMBER 5, 1995 REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS DATE: SEPTEMBER 1, 1995 Attached is the Report of Appealable Land Use Items for the period August 14 through September 1, 1995. It informs the Commission of the various land use actions taken by the designa- ted boards which may be appealed by the City Commission. I have serious concerns about item number 4 as approved by the Site Plan Review and Appearance Board. A copy of the section of the LDRs which deals with "adjustments" is attached. In my opinion, SPRAB has erred in approving elimination of the required four foot offset and allowing up to nine units to be attached. I also question allowing backout parking on the access road. The LDRs require that ".. .by granting (adjustments) a superior development project will result" . The adjustments approved, in my opinion, allow the developer to maximize the number of units, while reducing the quality, livability and long term viability of this project. Furthermore, the site plan does little or nothing to take advantage of its intracoastal waterway frontage. I recommend the Commission appeal the Kokomo Key site plan and architectural elevations and direct staff to schedule them for Commission review pursuant to the appeal process. I am also concerned about the front setback variance granted by the Historic Preservation Board at 1010 Nassau Street. A copy of the required findings for granting a variance is attached. In my opinion, these standards are not met by this request. Approving a front setback variance in a single family district sets a bad precedent. This action is not appealable to the Commission, however. It can only be appealed to the court. I just wanted to bring this matter to your attention, although you could file suit against the Historic Preservation Board if you wished to do so. Recommend that the Report of Appealable Land Use Items be received and filed, with the exception of Site Plan Review and Appearance Board item number 4. fJltJt;;m Id ~ <i- Þ w/~ ~ 5fJt:/lð ~ ~ 4Romo /¿~ ~ úJOJJ ~ éd Ç//9/9J ,,' (C) Adjustments: An adjustment involves the lessening, or a total waiver, of those development standards which affect the spatial relationship among improvements on ,the land. ( 1) Rule: An adjustment shall only be considered during the site and development plan review process and shall be only for requirements which do not pertain to, or affect, standards that apply to the perimeter of an overall development proposal (plan) . An adjustment may be granted by the body or board which is empowered to approve or deny the site and development plan. ( 2 ) Required Information: The following information must be provided in order for an adjustment to be considered: * A formal letter of request within which the affected regulations, with reference to section number, are described along with justification for granting of the adjustment ( 3 ) Procedure: A request for adjustment shall be considered concurrently with the development application with which it is associated. If a request is made after review by an advisory body has been completed, the request must first be reviewed by that body prior to action by the approving body. (4 ) Conditions: Conditions are not appropriate to the granting of an adjustment because the basis for granting the adjustment is that it provides a superior product than if the project were to comply with the letter of the regulations. (5) Findings: Concurrent with granting relief from a development standard or regulation, the granting body must find that such relief does not diminish the practical application of the affected regulation (requirement) and that by granting such relief a superior development project will result. '" ( 5 ) Findinqs: The Board of Adjustment must make the following findings prior to approval of a variance: (a) That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not generally applicable to other lands, structures, or buildings subject to the same zoning (The matter of economic hardship shall not constitute a basis for the granting of a variance); (b) That literal interpretation of the regulations would deprive the applicant of rights commonly enjoyed by other properties subject to the same zoning; (c) That the special conditions and circumstances have not resulted from actions of the applicant; ( d) That granting the variance will not confer onto the applicant any special privilege that is denied to other lands, structures, and buildings under the same zoning. Neither the permitted, nor nonconforming use, of neighborhood lands, structures, or buildings under the same zoning shall be considered grounds for the issuance of a variance; (e) That the reasons set forth in the variance petition justify the granting of the variance, and that the variance is the minimum variance that will make possible the reasonable use of the land, building, or structure; and, ( f) That the granting of the variance will be in harmony with general purpose and intent of existing regulations, will not be injurious to the neighborhood, or otherwise detrimental to the public welfare. . , eJ/( tJJ/ C I TV COMMISSION DOCUMENTATION TO: DAVID T. HAR~MANAGER ~ ~ THRU: DI E DOMINGUEZ, DIR~ DEPARTMENT OF PLANNIN AND ZONING !lø~,/Ô- ~ FROM: ~ASMIN ALLEN, PLANNER SUBJECT: MEETING OF SEPTEMBER 5,1995 * CONSENT AGENDA * REPORT OF APPEALABLE LAND USE ITEMS AUGUST 14. 1995 THRU SEPTEMBER 1. 1995 ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of review of appealable actions which were made by various Boards during the period of August 14, 1995, through September 1, 1995. BACKGROUND 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 September 5, 1995 Page 2 PLANNING AND ZONING BOARD MEETING OF AUGUST 28.1995 X. Approved (6 to 0), a request for a temporary closure of Eve Street, between U.S. Highway No. I and Spanish Trail. Y. Denied (6 to 0), a request to determine that a Crematorium is similar to the conditional uses in the CBD-RC (Central Business District-Railroad Corridor) Zone District. The Planning and Zoning Board also considered the following items which will be forwarded to the City Commission for final action. · Recommended approval (6 to 0), of a request to extend the build-out date to November 1997 for the Waterford Place Development of Regional Impact. · Recommended approval (6 to 0), of annexation with initial zoning RM (Medium Density Residential) and NC (Neighborhood Commercial) and future land use map amendment from County HR-8 (High Density Residential -8 units per acre) and CH/8 (Commercial High Intensity with a residential equivalent of 8 units per acre) to City Medium Density Residential 5-12u/a in part and Transitional in part for the Spence Property, located on the west side of Military Trail north of the L-33 Canal. · Recommended approval (5 to 0), of land use map amendments from Redevelopment Area #1 to General Commercial, Low Density Residential 0-5 du/a, Medium Density Residential 5-12 du/a, Community Facilities and Open Space in conjunction with the West Atlantic Redevelopment Plan. · Recommended approval (5 to 0), City initiated rezonings associated with the implementation of the West Atlantic Redevelopment Plan. · Recommended on a 6 to 0 vote that the City Commission transmits Comprehensive Plan Amendment # 95-2 to the Florida Department of Community Affairs. . ' City Commission Documentation Appealable Items Meeting of September 5, 1995 Page 3 SITE PLAN REVIEW AND APPEARANCE BOARD MEETING OF AUGUST 23, 19.95 1. Approved (5 to 0), a request for an elevation change for Sun Bank, located at the southeast corner of Atlantic Avenue and S.E. 3rd Avenue. 2. Tabled (5 to 0), a request for an elevation change associated with the painting of a mural at Silk Garden Outlet, located on the east side of Dixie Highway, south of Linton Boulevard. The item was tabled to allow the applicant to present a drawing of the finished product. 3. Approved (4 to 1), a request for an elevation change (window addition) at Atlantic Verticals and Carpet, located at the northeast corner of N.E. 5th Avenue and N.E. 1st Street. 4. Approved (5 to 0) with conditions, the site plan, landscape plan and architectural elevations associated with the construction of a 133 unit townhouse development Kokomo Key, located on the east side of U.S. Highway No.1, south of the Swap Shop. Concurrently, the Board approved several internal adjustments namely, - reducing the required 25' building setback along the internal access road tract (5 to 0 vote); - eliminating the required 4' offset for the buildings (4 to 1 vote); - reducing the building separation requirements ( 5 to 0); - allowing back-out parking onto the central portion of the access road (5 to 0); and, - allowing a total of 9 attached units instead of 8 units as allowed by code (5 to 0). 5. Approved (5 to 0) with conditions, the site plan, landscape plan and architectural elevation plan associated with a proposed 25,061 sq. ft. mixed-used development, Block 85 Redevelopment located at the southeast corner of Atlantic Avenue and SE 2nd Avenue. Concurrently, the Board approved a reduction of the required right-of-way from 80' to 66' for Atlantic Avenue. Also, the Board recommended that the City Commission approve the reduction of the required 5' landscape strip for the parking spaces at the center of the site. HISTORIC PRESERVATION BOARD MEETING OF AUGUST 16.1995 The Board considered several variances. These items are not appealable to the City Commission, however they are reported solely for information along with the associated Certificate of Appropriateness requests. . ' City Commission Documentation Appealable Items Meeting of September 5, 1995 Page 4 A. Approved ( 6 to 0), a Certificate of Appropriateness associated with a 278 sq.ft. building addition to a single family residence, located at 707 S.E. 1st Street. Approved an associated variance (6 to 0), reducing the side setback from 15 to 6 feet. B. Denied (5 to 1), a variance request to reduce the side and rear setback requirements to allow a nonconforming 12'X 12' storage building to be enlarged to 12'X24' for Sloan Hammock, located on the west side of S.E. 7th Avenue, south of S.E. 1st Street. Action on the associated Certificate of Appropriateness was moot in light of the denial of the variance request. C. Continued ( 6 to 0), the request for a Certificate of Appropriateness associated with the construction of a carport, awning and front porch for a non-contributing single family residence at 1010 Nassau Street. Approved (4 to 2) with condition, a variance to allow a reduction in the front setback from 25' to 10', and denied a variance to reduce the side yard setback from 7.5' to 3 '. D. Approved the site plan, landscape plan and architectural elevation plan (6 to 0), associated with the conversion from residential to a mixed-used development at the Blanc House, located at the northeast corner of S.E. 6th Avenue and S.E. 1st Street. Additionally, the Board approved the use of a pea-rock parking surface and a reduction in the required right-of-way width from 60' to 50' for S. E. 1 st Street. E. Approved the Certificate of Appropriateness (6 to 0), to allow replacing a cement tile roof with fiberglass shingles at 18 N.E. 5th Street. RECOMMENDED ACTION. By motion, receive and file this report. Attachment: Location Map . , LOCATION MAP FOR CITY COMMISSION MEETING OF SEPTEMBER 5. 1995 L-30 CANAL ------------- ¡ ¡ c: _J ..... ¡ ;;: ~ ' ,..----------- ¡ 0 , -< 0 LAKE IDA ROAD a: ¡ , lS , ~ , -< , m ~-_--.- .I NW S1 .------ ~ r--------- . -_-_-, .. ~-------./', , , !"-, I I .-. . I ' , . I , L_______ ---, r-------.I I ¡ , , ' ~ r-"!"'"- -_-.I ¡ ATlANTIC AVENUE 1.--- ¡ ¡ ~ 1"'---_...1 -< ¡ .. ¡ 0 ~ ~ ¡ It> ¡ ~ , ::> 0 LOWSON BOULEVARD m S.W, 10TH TREET >- 0 1 ~ 0 i ij .... :r ::E lJ 0 :r ¡:: ~ ¡ ç:! ¡ !!I -< r--- ¡ ð ~,-- j ¡ ¡ L'l ' I _J . ..... ~ r-----/---------.J -< z -<, -< ~I lJ ...... - I .., ::E. I I .... ¡ , ._-----_._-_._---------------------------~-------- --------------- L-38 CANAL C-15 CANAL S.P.R.A.B. H.P .B.: CITY LIMITS -,-,-,-,-'. 1. - SUN BANK A. - 707 S.E. 1 ST STREET 2. - THE SILK GARDEN OUTLET B. - SLOAN HAMMOCK I MILE I 3. - ATLANTIC VERTICAL & CARPET C. - 1010 NASSAU STREET I 4, - KOKOMO KEY D. - THE BLANK HOUSE SCAlE 5. - BLOCK 85 E. - 18 N.E. 5TH STREET N P. & z.: - x. - EVE STREET CLOSURE CITY OF DELRAY BEACH, FL PLANNING DEPARTMENT -- DIGITAL BASE MAP SYSTEM -- . " - .- · , ,. ,...~,i - M E M 0 RAN DUM .... · ~ " TO: MAYOR AND CITY COMMISSIONERS , - --. FROM: CITY MANAGER SUBJECT: AGENDA ITEM i C¡H - MEETING OF SEPTEMBER 5. 1995 .- ..- SOCIAL SECURITY OFFSET/DISABILITY RETIREMENT · .. ~ 't... DATE: SEPTEMBER 1, 1995 ' . We have received a request from Mr. Ray Gerner that the City repeal the Social Security offset for disability retirees from the Police and Fire Pension Plan. A copy of hi s request is attached. Also attached are copies of the Pension Board minutes from January 15, 1992, where they endorsed the request, and the actuary's letter of July 22, 1991, stating that the annual cost to the plan would be $17,034. When this was taken to the Commission on April 28, 1992, the matter was tabled. No further action was taken. Mr. Gerner is correct that Chapter 175 does not provide for the Social Security offset. However, under Chapter 175, Mr. Gerner would only receive a pension of 42% of his salary. Under our plan, he receives 75%. A pension of 75% with the Social Security offset is more than 42% without the offset (see excerpt of Chapter 175 attached) . For this reason, as well as those in Mr. Safford's II conclusion II in his memo of July 24th, as well as the high cost of this benefit change, I recommend that Mr. Gerner's request be denied. Cst ill? )¡~ /J ~J fJ~ fa 9//9/9-5 úJkn ill4¡óìd¡/Jrd} w(u '" .. . ~~ " ref:agmem022 . , ,_....' -:...,.. " . "'f' _. ~ - .~~~ -- -- ~ M E M 0 RAN DUM .p.- ::t ,..., -~ ~ TO: MAYOR AND CITY COMMISSIONERS ;".:.,¡. :;;¡, .o;¡, CITY MANAGER ~ * FROM: ¡; .~ "-''!P'- 10 Ii ~~ SUBJECT: AGENDA ITEM. - MEETING OF SEPTEMBER 5. 1995 ~'" ~~ E. RESOLUTION NO. 61-95/STORMWATER MANAGEMENT "- ~ . .....~~ DATE: AUGUST 31, 1995 " This is a resolution establishing a budget for the Stormwater - Utility System, establishing the rates for FY 1995/96 stormwater . .~ management assessments, and certifying and adopting the Stormwater ~~:.; Manasement Assessment Roll. Prior to consideration, a public ... =-~, hearing is required. :.d ~~ The assessment is proposed at the rate of $4.50 per month per :". t ~' Equivalent Residential Unit ( ERU) , for a total annual assessment of . . $54.00 per ERU. This is the same as the current year (FY 1994/95) ~""'i assessment. Property owners within the Lake Worth Drainage District are given a 25% discount. A separate 25% discount is - ~~. given to owners of property served by private drainage systems. :¡~ :.,"1 --.; The proposed budget for the Stormwater Utility Fund is incorporated ..> in Resolution No. 61-95 as Exhibit "A" . The rate structure with '. condominium factors is attached to the resolution as Exhibit "BU. ;::i ~ The assessment roll will be available for review in the Commission 1... Chambers at the September 5th meeting. .. ~! Recommend approval of Resolution No. 61-95. , t'! ~.'.. ~ '1-0 .:r i~¡ ":1.- ::~ = :-.;: C:i: ". ,':. :,~ '~ ,~. -:1 :2.. .' ._'. ref:agmemo5 :¡ ..;. . , ." I ~¡ .. . ':E ( t -.: , ..... ..::::t; ;....r .~ Z% ~.. 2'i. :~ ~ .- -, '2 :,,¡¡ '::~1 RESOLUTION NO. 61-95 ,1 .,.... ~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ~ :~ ESTABLISHING A BUDGET FOR THE ;'1£.: DELRAY BEACH, FLORIDA, STORMWATER UTILITY SYSTEM; ESTABLISHING RATES FOR -- STORMWATER MANAGEMENT ASSESSMENTS FOR EACH PARCEL WITHIN THE BENEFITED AREA, OTHER THAN NON-ASSESSED , , PROPERTY; PROVIDING FOR A PUBLIC HEARING, ALL IN -- ACCORDANCE WITH CHAPTER 56 OF THE CODE OF ORDINANCES '., OF THE CITY OF DELRAY BEACH, FLORIDA, AND RELEVANT STATUTORY AUTHORITY; PROVIDING FOR THE CERTIFICATION AND ADOPTION OF THE STORMWATER MANAGEMENT ASSESSMENT ...;-'1 ROLL. i:'> ~ .~. .., the City Commission of the City of Delray Beach, ' - WHEREAS, Florida, did, on July 6, 1990, adopt Ordinance No. 21-90, which ..-. provides for the creation and establishment of a City-wide Stormwater . , Management System; and ,0 WHEREAS, the City Commission of the City of Delray Beach, ~'-'I ,.;r, Florida, did, on April 27, 1993, adopt Ordinance No. 35-93 which amended Chapter 56 of the Code of Ordinances of the City of Delray Beach, Florida, to provide for the method of establishing and collecting Stormwater Management Assessments; and . . .., -. WHEREAS, the statutory authority for the creation and implementation of Ordinance No. 21-90, as amended, is predicated on Article VIII, Section 2 (b) of the Florida Constitution; Chapter 166, Florida Statutes, amended and supplemented; Section 403.0893, ;";' as 4l Florida Statutes, as amended and supplemented; Chapter 197, Florida ".,..;.' statutes, as amended and supplemented; the City Charter of the City of '~1 Delray Beach, Florida; and other applicable provisions of law; and WHEREAS, the City Commission of the City of Delray Beach, ~...~ Florida, has found that owners, tenants and occupants of property i~ within the geographical boundaries of the City will derive a special :'.... ~ benefit from the effective management of stormwater and other surface 7, water and from the operation, maintenance and expansion of the ~ .;¡.~ ,... -ff.; stormwater management system; and fZ. =". WHEREAS, Ordinance No. 21-90, as amended, establishes that ;., ~.~~ the rate for Stormwater Management Assessments for each parcel within the benefited area, other than with respect to non-assessed property, .;.._~- , shall be established each year by resolution of the City Commission; ;"! and : ." , , ~# -,. -- .. ) ~:. ... .~-~ -- .. -- ,. ,,- WHEREAS, Ordinance No. 21-90, as amended, provides that such -- rate resolution shall not be adopted prior to the establishment of an r-,.; operational budget for the system or prior to conducting a rate hearing as required by applicable law; and WHEREAS, Ordinance No. 21-90, as amended, provides that such budget shall include, but not be limited to a capital element, a debt service element and an 0 and M element and further requires that the rate hearings and rate resolution shall clearly establish what portion of the Stormwater Management Assessment reflects the capital element, the debt service element, if any, and the 0 and M element; and - WHEREAS, Ordinance No. 21-90, as amended, provides that the ,. initial stormwater budget shall also include, but not be limited to, ,- - , all costs of creating the system, including legal fees and expenses · and the fees and expenses of the Consulting Engineer, the "- reimbursement of the City's General Fund for any monies (other than the proceeds from voter-approved debt) appropriated to pay the cost of .- making additions, extensions and improvements to the existing system; and WHEREAS, a budget of operation for the year ending September .:....:- 30, 1996, is set forth herein in Exhibit "A" and is established in ,... conformity with the requirements of Ordinance No. 21-90, as amended, '. and Chapter 56 of the Code of Ordinances of the City of Delray Beach, Florida; and WHEREAS, billing and collection of the Stormwater Management · Assessment shall be accomplished utilizing the uniform method of collection; and WHEREAS, a rate for Stormwater Management Assessments for the various classes of property (other than non-assessed property) within the benefited area shall be calculated as provided in Ordinance ..{r No. 21-90, as amended, and as further set forth in Exhibit liB II to this resolution; and . , ,-- WHEREAS, a public hearing on this resolution setting the rates and adopting the budget and for the purposes of adopting and · certifying a stormwater assessment role was duly noticed; and ..- · . '.. - 2 - Res. No, 61-95 " . '" f ¡:;, '2' .~ ( . , ,.- ~ ~ -- ;.~, , . -= ::;. - ",. r.; ~ :~ -r -g WHEREAS, the City, upon adoption of the budget and rates, ~ shall review the stormwater assessment roll to determine its .~ .. . ~1'f. conformity with the proposed rate resolution and if upon the ~ completion of such review the City shall be satisfied that the Þ$ L- Stormwater Management Assessment Roll has been prepared in conformity - :;-. -,;-= with the proposed rate resolution, it shall adopt said resolution and â ratify and confirm the Stormwater Management Assessment Roll and '¡:E :o..J.,. . certify that the Stormwater Management Assessment Roll is correct and ~ proper and is to be used in collecting the Stormwater Management ¡~ ::'-'.'" Assessments. Thereafter, the City Commission, if no objections are ii made by persons affected by the assessment roll at the public hearing ?It- ~. or if objections having been made are deemed insufficient by the City ~ Commission, shall thereupon adopt the assessments as shown by the 1J" Assessment Rolli and "" ..... ~ ~;:I!, "'" WHEREAS, the owner of each parcel within the benefited area ~~ i~: for which a stormwater assessment is levied shall thereafter be f-f responsible for payment thereof. .... = :'~I'<' ,.,. ,;. ~ NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE ~.~ Æ CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray l~: :"'tc ..,. Beach, Florida, does hereby adopt the aforementioned preamble in its .;.~ .- entirety. .:,'. ~. ~~~. ~~. Section 2. That the City Commission of the City of Delray ..... Beach, Florida, does hereby adopt, after public hearing, the budget as established in Exhibit IIA" hereto which is incorporated herein. ..:.. Section 3. That the City Commission of the City of Delray ~.. Beach, Florida, does hereby adopt, after public hearing, the rates as set forth in Exhibit liB II which is incorporated herein. Section 4. That the City Commission of the City of Delray Beach, Florida, hereby adopts and certifies the Stormwater Management Assessment Roll. PASSED AND ADOPTED in regular session on this the 5th day of .... September, 1995. ~~ 1 ATTEST: . ~.. () tÑrrlIJ}l/'-/(¡ rz; 11070/ ,- F~ City erk ,t .,:.;. - 3 - Res. No. 61-95 ..- .' '" PREPARED 08/31/95, 15:55:12 BUDGET PREPARATION HORKSHEET PROGRAM GH60lL FOR FISCAL YEAR 96 ACCOUNTING EXHIBIT "A" TO RESOLUTION NO. 61-95 MANAGER'S ACCOUNT DESCRIPTION RECtH1ENDED FUND 448 STORtI HATER llTILITY FtN> DEPT 00 DIY 00 90-00 INTEREST FROM TAX COLLECT 7,000 ------------ * 7,000 ** INTERGOYEIN1ENTAL REY 7,000 61-00 STORH KATER CHARGES 1,500,000 . 62-00 DELINQUENT STORM NTR CHG 3,000 ------------ * 1,503,000 ** CHARGES FOR SERYICES 1,503,000 10-00 INTEREST ON INVESTMENTS 27,000 22-00 DELINQUENT STORM HATER 800 ------------ If 27,800 ** MISCELLANEOUS REVENUE 27,800 ------------ *** MISCELLANEOUS REVENUE 1,537,800 **** MISCELLANEOUS REVENUE 1,537,800 -- STORM HATER UTILITY FtN> 1,537,800 1,537,800 (Exhibit "A" to Res. No. 61-95 Page 1 of 5) . PREPA~ED 08/31/95, 15:48:45 BUDGET PREPARATION HORKSHEET PROGRAM GH60lL FOR FISCAL YEAR 96 ACCotMTING MANAGER'S ACCOUNT DESCRIPTION RECotI1ENDED f\H) 448 STORM MATER UTILITY f\H) DEPT 54 STORM MATER UTILITY DIV 11 ADMINISTRATION 12-10 REGULAR SALARIESlMAGES 27,890 21-10 EMPLOYER FICA 2,120 22-10 GEN' L EI1P RETIREMENT 1,760 23~10 LIFE INSURANCE 130 23-20 DISABILITY INSURANCE 300 23-30 HEALTH INSURANCE 2,450 24-10 HORKERS' COttPENSATION 1,250 . 25-10 IHMPLOYttENT COHPENSATION 20 ------------ If PERSONAL SERVICES 35,920 31-90 OTHER PROFESS SERVICES 500 32-10 AUDIT/ACCotMTING FEES 250 34-90 OTHER CONTRACTUAL SERVICE 10,000 40-10 TRAVEL & TRAINING 480 41-10 TELEPHONE EXPENSE 230 42-10 POSTAGE 200 43-50 STORHHATER CHARGES 20 44-45 VEHICLE RENTAL-GARAGE 1,040 45-10 GENERAL LIABILITY 4,760 46-30 VEHICLE HAINT-GARAGE 1,420 46-90 OTHER REPAIR/HAINT COST 4,000 48-20 EMPL RECOGNITION AKARD 50 49-22 SHARE OF ADHIN EXP 45,000 49-90 OTHER CURRENT CHARGES 100 51-10 STATIONERY/PAPER/FORMS 400 51-20 OFFICE EQUIP < 500 910 51-25 SOFTHARE < $500 330 51-90 OTHER OFFICE SUPPLIES 150 52-10 FUEL/LUBE VEHICLES 150 52-20 GEN'L OPER SUPPLIES 200 54-15 SUBSCRIPTIONS 120 54-30 TRAINING/EDUCATION COSTS 400 ------------ If OPERATING EXPENSES 70,710 63-37 SEASAGE DRIVE PUMP ST (2) 42,000 63-38 ISLAND DRIVE DRAINAGE 80,000 63-90 OTHER IMPROVEHENTS 122,000 64-10 OFFICE FURNITURE/FIXTURES 630 64-11 COMPUTER EQUIPMENT 5,000 ------------ If CAPITAL OUTLAY 249,630 99-01 PROJECT RESERVE 18,540 ------------ If NON-OPERATING EXPENSES 18,540 (Exhibit "A" to Res. No. 61-95 Page 2 of 5) '" PREPARED 08/31/95. 15:48:45 BUDGET PREPARATION HORKSHEET PROGRAM GH60lL FOR FISCAL YEAR 96 ACCOUfTING MANAGER'S ACCOUfT DESCRIPTION RECOI'ItENDED flN) 448 STORM ttATER UTILITY flN) DEPT 54 STORM ttATER UTILITY DIV 11 ADttINISTRATION ** PHYSICAL ENVIRON1ENT 374.800 91-01 TRANSFER TO GENERAL flN) 30.000 ------------ If NON-oPERATING EXPENSES 30.000 ** tøÆXPENDITURE DISB 30.000 ------------ ... ADMINISTRATION 404.800 (Exhibit "A" to Res. No. 61-95 Page 3 of 5) . '" PREPARED 08/31/95. 15:48:45 BUDGET PREPARATION HORKSHEET PROGRAM Gt1601L FOR FISCAL YEAR 96 ACCOUNTING MANAGER'S ACCOUNT DESCRIPTION RECott1ENDED f\H) 448 STORH HATER UTILITY FUND DEPT 54 STORM HATER UTILITY DIV 16 STORHHATER SYSTEM MAINT 12-10 REGULAR SALARIES/NAGES 115,870 14-10 OVERTIME 940 21-10 EMPLOYER FICA 9.360 22-10 GEN'L EHP RETIREMENT 7.230 23-10 LIFE INSURANCE 500 23-20 DISABILITY INSURANCE 1.240 23-30 HEALTH INSURANCE 12.240 24-10 MORKERS' COMPENSATION 10,620 25-10 Il'ÆHPLOYHENT COMPENSATION 110 ------------ * PERSONAL SERVICES 158.110 31-20 MEDICAL 100 34-70 PHOTO/HICROFILM SERVICES 100 34-78 REPAIR & UPKEEP CANALS 2,180 34-90 OTHER CONTRACTUAL SERVICE 30,000 40-10 TRAVEL & TRAINING 1,090 43-10 ELECTRICITY 4,520 44-10 LAND RENTAL/LEASE 100 44-30 E~IPHENT RENTAL/LEASE 300 44-45 VEHICLE RENTAL-GARAGE 12,750 45-10 GENERAL LIABILITY 8,390 46-20 E~IPI1ENT MAINTENANCE 900 46-30 VEHICLE MAINT-GARAGE 31,000 46-90 OTHER REPAIR/HAINT COST 5,000 48-20 EHPL RECOGNITION AHARD 150 51-10 STATIONERY/PAPERlFORHS 200 51-90 OTHER OFFICE SUPPLIES 100 52-10 FUEL/LUBE VEHICLES 2,500 52-20 GEN'L OPER SUPPLIES 1,350 52-22 UNIFORMS/LINEN SERVICE 1,810 52-24 BUILDING MATERIALS 1,300 52-26 GARDENING SUPPLIES 3.000 52-27 E~IPMENT < $500 750 53-20 REPAIRS - DRAINAGE 6,650 54-20 MEMBERSHIPS 50 54-30 TRAINING/EDUCATION COSTS 600 ------------ * OPERATING EXPENSES 114.890 - PHYSICAL ENVIRON1ENT 273.000 ------------ tHHf STORtttATER SYSTEM MAINT 273,000 **** STORM HATER UTILITY 677,800 (Exhibit "A" to Re s . No. 61-95 Page 4 of 5) . , " PREPARED 08/31/95. 15:48:45 BUDGET PREPARATION HORKSHEET PROGRAM GH60lL FOR FISCAL YEAR 96 ACCOl.tlTING HANAGER . S ACCOl.tlT DESCRIPTION RECotI1ENDED F\N) 448 STORH HATER UTILITY Fl»oID DEPT 71 DEBT SERVICE DIV 11 DEBT SERVICE 71-16 STORttrfATER NOTE 780.000 72-16 STORt't4ATER NOTE-INTEREST 80.000 ------------ * DEBT SERVICE 860,000 - NONEXPENDITURE DISB 860,000 ------------ -- DEBT SERVICE 860,000 **** DEBT SERVICE 860,000 ***** STORM HATER UTILITY FI.H) 1,537.800 1,537,800 (Exhibit "A" to Res. No. 61-95 Page 5 of 5) " , '" . 1É - Ð I ä EXHIBIT "B" TO RESOLUTION NO. 61-95 """ n ã ~... ~ ~ Total 12 Month --:;:; ~ Property Description Rate Structure Assessment .3 .s.ø;,.. ª ~. Single Family E: ~ Residential ($4.50/Mo./ERU) (12 Mo.)(l ERU) $ 54.00 ft, '""" l" _:! Condominium ($4.50/Mo./ERU) (12 Mo.) (Condo Factor $ 54.00 ~ ..:wa.: ~ (ERU/Unit) x CF* - +~ Single Owner oS Multi-Family f:f =.a: Residential ($4.50/Mo./ERU)(12 Mo.) $ 54.00/ERU -~ þ Non-Residential ;"!-: Developed ($4.50/Mo./ERU) (12 Mo.) $ 54.00/ERU :1 ¡:;- ($4.50/Mo./ERU) (12 Mo,) ·t+~ Undeveloped (1.20 ERU/AC) $ 64.80/AC ~- .;.:" ..... All properties within the Lake Worth Drainage District, as indicated "N' by the Palm Beach County Name-Address-Legal (NAL) file shall receive a ~'f.- ~, 25% discount. ~~ !=- .... All properties for which the City does not provide for the maintenance ;--~ 1.;-'" f] of street drainage systems shall receive a 25% discount. ~ * A specific condominimum factor (0.0 1. 0) has been determined for :.-~ - ":":1, each condominium development. A list of those factors is attached. 1:T ::.t.: ~i!" ... ;; "': ~ .~;:":1 .;;:;.. .~ ~.::.;. ~;. î:t .§; ~m 11 S" J,.:.,iø. I ~' t.:t ... -, ~ ~ I ~. .~ -::Jt' ~ .i.~ :~ (Exhibit liB" - Page 1 of 4). Res. No. 61-95 .,~ :i. ,:.i- l;/! ~ :¡ ;~ ;.. ::. ~~ ... ,. . , CITY OF DELRAY BEACH, FLORIDA PROGRAM: SWCONDO SWLIB STORMWATER MANAGEMENT ASSESSMENT PREPARED: 8/31/95, 11:15:25 CONDOMINIUM RATES FOR TAX YEAR 1995 PAGE 1 ----------------------------------------------..---------------------------------- Condominium Units ERUs - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - _. - - - -- -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Acacia House 3 .91 Admiral Apts. 10 .70 Anchorage 7 .36 Ardmore 13 .70 Arnold Industrial Park 3 .70 Bahama House of D.B./Brook Haven/Ocean Reach Apts. 22 .70 Balmoral 12 .57 Banyan House 65 .63 Banyan Tree Village 55 .96 Bar Harbour 85 .39 Barr Terrace 96 .38 Barrton Apts. 102 .46 Beach Cabanas 12 .64 Beach House of Delray 12 .70 Beekman 14 .70 Berkeshire II 48 1.00 Berkshire I 23 .79 Bermuda High 22 1.00 Bermuda High SQuth 29 .94 Bermuda High West 46 1.00 Boca IslejPoint at Delray Beach 93 .69 Brooks Lane 6 1.00 Cambridge 8 1.00 Captains Walk 57 .86 Cas a Del Mar 11 .49 Chevy Chase 16 .70 Churchill 30 .60 Coach Gate 7 .97 Coastal House 85 .41 Commodore Apts. 8 .70 Coral Cove 7 .70 Costa Del Rey 40 .63 Costa Del Rey North 30 .77 Country Manors 440 1.00 Court of Delray 43 .40 Cove Apts 5 .70 Crest 6 .79 Del Harbour 18 .32 Del Harbour Condominium 4 .70 Delhaven 24 .74 Delray Bch Club 77 .47 Delray Dental Specialists 3 .70 Delray Estates 324 .55 Delray Golfview 36 .57 Delray Harbour Club 50 .44 Delray Oaks 142 .95 Delray Oaks West 216 .95 Delray Ocean Villas 15 .70 Delray Place 42 .35 Delray Shores Professional 8 1.00 Delray Summit 66 .41 Domaine Delray 60 .91 Dover House 45 .48 Eastview of Delray Beach 3 .70 (Exhibit "B" - Page 2 of 4) Res. No. 61-95 . CITY. OF DELRAY BEACH, FLORIDA PROGRAM: SWCONDO SWLIB STO~AT~R MANAGEMENT ASSESSMENT PREPARED: 8/31/95, 11:15:25 CONDOMINIUM RATES FOR TAX YEAR 1995 PAGE 2 -------------------------------- ----- ----- - - +.- --.. -- --- - - - - - -- --------- - --- ----------- Condominium Units ERUs ---------------------------------------------- --.------------------------------- Eastview Village Square 24 1.00 Eastwinds 84 .69 Eight Hundred Ocean Place 8 1.00 Environment I 92 .93 Fairway 72 1.00 Fall Ridge 60 1.00 First Encounter 46 .70 Georgia Street Industrial Park 3 .70 Golfview Colony 8 1.00 Greensward Village 136 .91 Grove 28 .99 Hamilton House 24 .77 Harbour Pointe of Delray 10 .70 "Harbour Villas 17 .56 Harhourside I-III 176 .67 High Point 1,992 .76 Imperial Manor 12 .70 Imperial Villas 199 .96 Ingraham House. 4 .70 Inlet Cove 16 1.00 Inner Circle 16 .72 Intercoastal Cove 4 .70 Jardin Del Mar 38 .83 Lago Del Rey 338 .86 Lago Del Rey North Amsterdam 30 .57 Lakeview Greens 128 .90 Landings of Delray Beach 27 .63 Lanikai Villas 24 .52 Lavers Delray Racquet Club 566 .99 Ledges 3 .70 Linton Ridge 84 .39 Linton Woods 24 1.00 Lyndon Arms 8 .64 Manor House 24 .67 Marina Del Rey 10 .70 Martel Arms 30 1.00 Narberth/Ocean Aire 14 .70 New Monmouth 17 .70 Ocean East 8 .85 Ocean Place 29 1.00 Ocean Terrace 8 .70 One Sixty Center 5 1.00 One Ten Apts 4 .70 Outrigger 25 1.00 Palm Square 8 .70 Palm Trail 22 .70 Palm Villas 60 1.00 Park View Manor 16 .55 Patio Beach 10 .70 Pelican Pointe 56 1.00 Penthouse Delray 80 .41 Pine Beach South 6 .70 Pines of Delray 685 .72 Pines of Delray North 700 .99 (Exhibit "B" - Page 3 of 4) Res. No. 61-95 . , , CITY O~ pELRAY BEACH, FLORIDA PROGRAM: SWCONDO SWLIB STORMWA~ER MANAGEMENT ASSESSMENT PREPARED: 8/31/95, 11:15:25 CONDOMINIUM RATES FOR TAX YEAR 1995 PAGE 3 ------------------------------------------------- --------------------------------- Condominium Units ERUs ----------------------------------------_____-0_.____-______________________________ Pines of Delray West 287 .75 Plum 7 1.00 Ranger 10 .70 Sabal Pine 256 .85 Sabal Pine East 222 .93 Sabal Pine South 128 .87 Sands Terrace 14 .50 Savoy 8 .70 Seabreeze of Delray 5 .69 Seagate Manor 63 .51 Seagate Towers 149 .49 Seastone Apts. 10 .34 Seaway Villas of Delray Beach 6 .70 Serena Vista 30 1.00 Seven Seventy 17th Ave. 9 .70 South County Professional 44 .70 South Ocean 10 1.00 South Shore Club 15 1.00 Southridge 37 1.00 Southridge Village 68 .90 Southwinds 84 .69 Spanish River 81 .34 Spanish Trail 20 .59 Spanish Wells 240 .72 Stor-all 12 .70 Tahiti Cove 18 .79 Talbot House III 4 .70 Three Fifty Five Building 7 1.00 Town &. Country 148 .57 Tropic Bay 1-17 399 .61 Tropic Harbor 222 .49 Tropic View 48 1.00 Twelve-O-Two 6 .58 Valhalla 8 1.00 Venetian Drive Townhouse 4 .70 Venetian Village 14 1.00 Vista Lago 14 .70 Waterview Apts. 8 .67 Waterway East 19 1.00 Waterway North 15 .92 Wedgewood 6 .70 Williamsburg Inn 12 .70 Windemere House 30 .63 Winston 8 .56 Woodbrooke 13 .66 153 Records processed -- End of Listing -- (Exhibit "B" - Page 4 of 4) Res. No. 61-95 . ~ ~ . û; . .. . a _'.'.~ -- :::; -5 ;;...£ :;uÞ ~ '~ ~ MEMORANDUM ~ ':''1'11 n· ~ ~ .::ï: TO: MAYOR AND CITY COMMISSIONERS -:- .~. - CITY MANAGER!JIf1 Ñ ".. FROM: .,.... ~ SUBJECT: AGENDA ITEM I , 0 . B .- MEETING OF SEPTEMBER 5. 1995 ::"t~ '.....; ~ RESOLUTION NO. 62-95 ..,., -- ft DATE: AUGUST 31, 1995 , ~ '. Resolution No. 61-95 tentatively levies a tax on all properties in the City of Delray Beach for fiscal year 1995/96 as follows: - .¿: '" 6.87 mills for operation and maintenance ... · · · ~ of the General Fund . . ::!. 1.03 mills · · · for the payment of principal and .,' ..~ interest on bonded indebtedness .pT' .- .. 7.90 mills Tentative millage rate h, · · · ---------- ---------- The tentative millage rate of 7.90 mills is 0.05 mills less than last year's rate of 7.95 mills. The roll back rate calculated under the TRIM law for operating purposes is 6.79 mills. The tentative millage rate is 1.16% above the roll back rate. , . Pursuant to the City's Charter and TRIM requirements, a public . . hearing must be held prior to the adoption of the proposed '" millage rate. Staff will make a brief presentation to open the ?:,,¡: ":'~ public hearing. # Recommend approval of Resolution No. 62-95. Final adoption of the budget for FY 1995/96 is scheduled for September 19, 1995. .., ~ .-; J; :;t, it ~ ~ ~ p~ 4-0 :7:\!f ~[ ::. 1." ,3 .:~..: i.,}' j ~~ -,"t:'"o :;~ ~' ti ;..... ':;11.- ref:agmemo7 ,~ ¡::¡. t . I I - I ~ . '-- ~ t ;'". ) ~ .~. ::=. :~ ~ "!:.!- ;'4- ~ -' ,.;.. E RESOLUTION NO. 62-95 = .... ~ .,. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ;,¡ ~..... DELRAY BEACH I FLORIDA I TO TENTATIVELY LEVY A TAX ON -. :- ALL PROPERTIES WITHIN THE CITY OF DELRAY BEACH, ..- FLORIDA, FOR MAINTENANCE AND OPERATION I AND TO TENTATIVELY LEVY A TAX FOR THE PAYMENT OF PRINCIPAL AND INTEREST ON BONDED INDEBTEDNESS I AND TO ALLOCATE - ,,'- AND APPROPRIATE SAID COLLECTIONS THEREUNDER. - - - ' NOW I THEREFORE I BE IT RESOLVED BY THE CITY COMMISSION OF THE .' CITY OF DELRAY BEACH I FLORIDA, AS FOLLOWS: .~ Section 1. That there shall be and hereby is appropriated for the General Fund operations of the City revenue derived from the tax of $6.87 per one thousand dollars ($1/000.00) of assessed valuation which is hereby tentatively levied on all taxable property :. within the City of Delray Beach for the fiscal year commencing October .' 1, 1995, and ending September 30, 1996; the assessed valuation on all taxable property for operating purposes within the City of Delray Beach being $2/548/988,739; for operating and for maintenance expenses of the General Fund, and also in addition, all revenues derived by - . . said City during said fiscal year from all other sources other than ,. the tax levy for current bond service and that part of collection of '" delinquent taxes levied for bond service. The tentative operating millage rate of $6.87 per one thousand dollars ($1/000.00) exceeds the .- rolled-back rate of $6.79 per one thousand dollars ($1/000.00) by -- I. 16%. :.t:,' .J Section 2. That the amount of money necessary to be raised ,~ .:.i. for interest charges and bond redemption which constitutes a general .- obligation bonded indebtedness of the City of Delray Beach is $2/486/166 and that there is hereby appropriated for the payment thereof I all revenues derived from the tentative tax levy of $1.03 per one thousand dollars ($1/000.00) of assessed valuation I which is :;ov hereby levied for that purpose for the fiscal year commencing October . ~ :.?; ~ L" 1, 1995, and ending September 30, 1996, upon the taxable property of , .~ the City of Delray Beach, the assessed valuation being $2,548/988/739. .~~ .... Section 3. That the above tentative millage rates are ~~ adopted subject to adjustment in accordance with Section 200.065(5) of 4 the Florida Statutes which provides that a municipality may adjust its ;-,,:,. adopted millage rate if the taxable value within the jurisdiction of the taxing authority as certified pursuant to Section 200.065(1) is at -. .~. variance by more than one percent (1%) with the taxable value shown on the roll to be extended. !-~ ,¡-; ,.~ ..~ " . I .,-.. . . ~ ! ì ' _. , -- .~ ". .. "-..' .. u. - - ._:~ ., Section 4, That a public hearing was held on the proposed "- budget on September 5, 1995. -,. i':o'" PASSED AND'ADOPTED in regular session on this the 5th day of ~ September, 1995. ---'.. cØ?A~ - '.ti :~ ;-:: ATTEST: -..1 -... () I//WYJ vø.e < JIJ. ~ lit] tit¡ .. ity Cl k -~ .-..;., ,." ;,¥ :~; ":'~ ..~ ,~:; ~ ~~ --, '~ ~ :2 .. .. - ~.~ ", .:.. ~~ + .- , . ... "J. ;:f '.5 -. Q, ~i 62-95 .. :~ - 2 - Res. No. ,... .,. .- . - . . " .. .. ..-.. -=. . '. '_. ..x .. .:<r' ."~ _.~. ,- M E M 0 RAN DUM ~ ... " TO: MAYOR AND CITY COMMISSIONERS !::- - CITY MANAGER t:?<1 -., FROM: - .+-- .. .~ lo.~.- MEETING OF SEPTEMBER 5. Ë SUBJECT: AGENDA ITEM i 1995 :...- RESOLUTION NO. 63-95 k, ..- ..... DATE: AUGUST 31, 1995 ~... Resolution No. 63-95 tentatively levies a tax in the amount of 0.85 mills on all properties within the Downtown Development Authority Taxing District of the City of Delray Beach for fiscal year 1995/96 for operation and maintenance, and appropriates the collections thereunder to the DDA. This tentative millage exceeds the 0.84 roll back rate calculated under the TRIM law by ~~t 1. 18%. '. Per TRIM requirements, tax levies for dependent special taxing districts such as the DDA must be separately discussed and .. adopted at the public hearing. ' .. Recommend approval of Resolution No. 63-95. Final adoption of the DDA tax levy for FY 1994/95 is scheduled for September 19, 1995. .. P~4-o .. .. < . ~ .. ,.. ':'4". -..... ~.: ~ ~-'\. ~~. ~t ~;\ .;'t.. :~.--:':' ., "::t :'::.i .. .. , ref:agmem08 ~- ~~ ~ ,_. .. . t ,~ ~~ * . . ( ~.~-' .;::1 ~.. '+ ¡:. - ~ .... 1V~ ~!: t.::'~ .!..1 ::# .~-- .;;JJe i..!' -~ RESOLUTION NO. 63-95 ii ·'E ...... - A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ~ ¡-'"" ~ .~ DELRAY BEACH, FLORIDA, TO TENTATIVELY LEVY A TAX ON ..... Z ALL PROPERTIES WITHIN THE DOWNTOWN DEVELOPMENT ~;,¡ ?.!" AUTHORITY TAXING DISTRICT OF THE CITY OF DELRAY ',""1: BEACH, FLORIDA, FOR MAINTENANCE AND OPERATION, AND TO ,. APPROPRIATE SAID COLLECTIONS THEREUNDER. - NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE ,. CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: .. Section 1. That there shall be and hereby is appropriated . , ". for the purpose of financing the operation of the Downtown Development ,"I Authority Taxing District, revenue derived from the tax of $0.85 per .. one thousand dollars ($1,000.00) of assessed valuation which is hereby '. .. tentatively levied on all taxable property within the Downtown .¡~ Development Authority Taxing District of the City of Delray Beach for :~ .'" the fiscal year commencing October 1, 1995, and ending September 30, .a. 1996¡ the assessed valuation on all taxable property for operating purposes within the Downtown Development Authority Taxing District of - ¡-;' the City of Delray Beach being $97,731,023; for operating and for ::-::- ":;;: maintenance expenses of the Downtown Development Authority Taxing i~ District, and also in addition, all revenues derived by said Taxing .,. District during said fiscal year from all other sources other than the ~ tax levy for current bond service and that part of collection of .. .. delinquent taxes levied for bond service. The t.entative operating millage rate of $0.85 per one thousand dollars ($1,000.00) exceeds the ,'. rolled-back rate of $0.84 per one thousand dollars ($1,000.00) by :, 1. 18%. ..' ..' ..c..;. Section 2. That the above millage rate is adopted pursuant .. to Florida Statutes Section 200.065(2)(e)(2), and subject to ... adjustment in accordance with Section 200.065(5) of the Florida : J Statutes which provides that each affected taxing authority, other ~ than municipalities, counties, school boards, and water management .' -~ districts, may adjust its adopted millage rate if the taxable value -.- within the jurisdiction of the taxing authority as certified pursuant ',,", .....-. ~ ... to Section 200.065(1) is at variance by more than three percent (3%) ..1, ?!: with the taxable value shown on the roll to be extended. .-,.- _.. . '.. Section 3. That a public hearing was held on the proposed _"f.. -;, budget on September 5, 1995. -... .. PASSED AND ADOPTED in regular day of J1 September, 1995. :.r . :f -.;, µ Aì7EST: ~ ~ =J ,~ ~ J.{LÝ5n~J lf~ 7fy ... City C rk . ' ., ~ ::;: - , ~ .~ ;O::f" -¡ a 's-n .". ~ M E M'O RAN DUM 1'1..... -.;:0;'" ~ ·t;: ....,.. MAYOR AND CITY COMMISSIONERS :1 TO: :er ~ '"" CITY MANAGER tlH1 ~ FROM: --- ~ .;; 10. D. - MEETING OF SEPTEMBER 5. - SUBJECT: AGENDA ITEM * 1995 ~ .:;:;: RESOLUTION NO. 64-95 !! DATE: AUGUST 31, 1995 .~ ;:"-* Resolution No. 64-95 makes tentative appropriations of sums of money .-.,. for all necessary expenditures of the City for fiscal year 1995/96, " and prescribes the terms, conditions and provisions with respect to ""'. .!:'~ the items of appropriation and their payment. The tentative ..-, appropriations are set forth in Exhibit "A" to the resolution. Pursuant to the City's Charter and TRIM requirements, a public hearing must be held prior to the adoption of the tentative budget. Staff ,., will make a brief presentation to open the public hearing, Recommend approval of Resolution No. 64-95. Final adoption of the budget for FY 1995/96 is scheduled for September 19, 1995. 0>'" t~ ;';~.I .~.: ~.. -.:."t p~ 4-0 .~ =: \1 r.":;- I:I ::¡¡ W .:Z ~. . , I .. '~ .~ ft'. a .~ ~ .... .T;'!- .~ ~ ?PI fr ref:agmemo6 "J( i; . ~!' t:- .'" ~~~ . , f ' , _. .. ,. '. . ...." { I Üf "'!!'" z: .:;..:.G:: :-:to ....... 11 "'-., .~ ~-.." .-¡ ,'. RESOLUTION NO. 64-95 :;..... .:.~ . . A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF -, DEL RAY BEACH, FLORIDA, MAKING TENTATIVE .~ -. .-.", APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY .... EXPENDITURES OF THE CITY OF DELRAY BEACH, FLORIDA, :i FOR THE PERIOD FROM THE 1ST DAY OF OCTOBER, 1995, TO THE 30TH DAY OF SEPTEMBER, 1996; TO PRESCRIBE THE -" TERMS, CONDITIONS AND PROVISIONS WITH RESPECT TO THE -' ITEMS OF APPROPRIATIONS AND THEIR PAYMENT; AND TO - -- REPEAL ALL RESOLUTIONS AND ORDINANCES WHOLLY IN CONFLICT WITH THIS RESOLUTION AND ALL RESOLUTIONS AND ORDINANCES INCONSISTENT WITH THIS RESOLUTION TO THE EXTENT OF SUCH INCONSISTENCY. , NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE , . CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the following sums of money, attached hereto and marked Exhibit II A" , are hereby tentatively appropriated upon the terms and conditions herein set forth. :~ -.... Section 2. That, subject to the qualifications contained in this resolution, all appropriations made out of the General Fund are declared to be maximum, conditional and proportionate appropriations, the purpose being to make the appropriations payable in full in the - amounts herein named if necessary and then only in the event the ' .- aggregate revenues collected and other resources available during the ,< period commencing the 1st day of October, 1995, and ending the 30th ';;. day of September, 1996, for which the appropriations are made, are sufficient to pay all the appropriations in full. Otherwise, said ....', appropriatiòns shall be deemed to be payable in such proportion as the total sum of realized revenue of the General Fund is to the total amount of revenues estimated by the City Commission to be available in :.,¡ ',i the per iod commencing the 1st day of October, 1995, and ending the ;} 30th day of September, 1996. ,i' '-:;¡" .-. Section 3. That all balances of the appropriations payable J out of the General Fund of the City Treasury unencumbered at the close i.:. of business on the 30th day of September, 1995, except as otherwise "t provided for, are hereby declared to be lapsed into the City Treasury :~ and may be used for the payment of the appropriations which may be :..;" made in any appropriation for the fiscal year commencing the 1st day : of October, 1995, provided, however, nothing in this section shall be - construed to be applicable to unencumbered balances remaining to the credit of the Water and Sewer Fund, Sanitation Fund Fund ,. , or any , created by the setting up of special revenue, but such balances shall be used in financing the proposed expenditures of these Funds for the fiscal year commencing the 1st day of October, 1995. . ' f :.,. . . f . ¡ I I " ~< '-.., :~ .., :v. ..- :"."1,; .~'Ir , . --, Section 4. That no department, bureau, agency or individual ,- receiving appropriations under the provisions of this resolution shall .- exceed the amount of its appropriation, except with the consent and : '. -. approval of the City Commission first obtained; and if such - department, bureau, agency or individual shall exceed the amount of its appropriation without such consent and approval of the City Commission, the administrative officer or individual, in the discretion of the City Commission, may be deemed guilty of neglect of official duty and may be subject to removal therefor. ". .. Section 5. That nothing in this resolution shall be construed as authorizing any reduction to be made in the amounts ... appropriated in this resolution for the payment of interest on, or retirement of, the debt of the City of Delray Beach, Florida. : ... Section 6. That of the monies enumerated in this - none ¡'~ resolution in connection with the General Fund, Water and Sewer Fund, "1 Sanitation Fund or any other Fund of the city shall be expended for any purposes other than those for which they are appropriated, and it ~ "'" '" shall be the duty of the Budget Administrator and/or Finance Director · - to report known violations of this section to the City Manager. , Section 7. That all monies collected by any department, .. bureau, agency or individual of the City government shall be paid promptly into the City Treasury. · ;. Section 8. That the foregoing budget is hereby tentatively -:.:1: .:n~i adopted as the official budget of the City of Delray Beach, Florida, for the aforesaid period. However, the restrictions with respect to .;' .: ~. the expenditures/expenses of the funds appropriated shall apply only ,- to the lump sum amounts for classes of expenditures/expenses which , have been included in this resolution. " .. Section 9. That this resolution shall be effective on ¡~ -~ October 1, 1995. ..... " :~ - PASSED AND ADOPTED in regular session on this the 5th day of ." September,' 1995. · ..- ~~ ..~ .' ,j _.4- ''':,'.,.., -~. : . ATTEST: :-~-; -; o JÚC)'J'fJ}y)/.J'r lI(}ïIy .' ..$ ,J: City Cl rk :Š :' - 2 - Res. No. 64-95 .. . , " . BUDGET SUMMARY EXHIBIT A DOWNTOWN SPECIAL GENERAL DEVELOPMENT ENTERPRISE REVENUE FUND FUND FUNDS FUNDS TOTAL CASH BALANCES BROUGHT FORWARD 10,000 93,330 388,380 143,060 634,770 ESTIMATED REVENUES: TAXE.S Millages AD VALOREM TAXES 687 16,635,985 16,635,985 AD VALORlM TAXES 1.03 2,494,185 2,494,185 AD VALOREM-DELINQUENT 82,500 82,500 AD VALORlM ' DDA 0.85 78,920 78,920 Sales & Use Taxes 1,512,580 1,512,580 franchise Taxes 2,596,000 2,596,000 Ulllity Taxes 4,753,000 4,753,000 licem.es & Per mils 1,690,460 1,690,460 Intergovernmental 4,287,970 49,000 1,897,800 6,234,770 Charges for Services 2,925,570 25,436,510 28,362,080 Fines & Forlellwes 461,900 461,900 Miscellaneous Revenues 2,885,630 700 628,250 25,500 3,540,080 Other financing Sources 2,251,680 534,480 762,990 3,549,150 TOTAL REVENUES AND OTHER FINANCING SOURCES 42,577,460 79,620 26,648,240 2,686,290 71,991,610 TOTAL ESTIMATED REVENUES AND BALANCES 42.587,460 172,950 27,036,620 2.829.350 72,626,380 EXPENDITURES/EXPENSES: Gener al Government Services 4,961,800 4.961.800 Public Safety 23,184,990 23,184.990 Physical lnvilonment 275,190 14,705,870 14,981,060 T ransportalton 1,200,800 1.200.800 Economic Environment 492,070 49,090 2,117,710 2,658,870 Human Selvices 192,500 192,500 Culture & Recreation 5,789,040 2,678,170 399,120 8,866,330 Debt Service 3,170,690 5,403,870 8,574,560 Other Financing Uses 3,154,390 3,413,810 297,740 6.865.940 TOTAL EXPENDITURES/EXPENSES 42,421,470 49,090 26,201.720 2,814,570 71,486.850 Reserves 165.990 123,860 834.900 14.780 1.139,530 TOT AL EXPENDITURES AND RESERVES 42,587,460 172.950 27.036,620 2,829,350 72,626.380 Res. No. 64-95 . . 'i/;' ~-:, . -:!. , . ~ 71 ft r: " ~ MEMORANDUM -:; :i: .~ .j.1 ~':ffo. ...:.'!I TO: MAYOR AND CITY COMMISSIONERS -;1" ~:~ CITY MANAGER f11t1 ..~ FROM: " .' IO~ - MEETING OF SEPTEMBER 5, "'- SUBJECT: AGENDA ITEM I 1995 #"",., -- 1."" SECOND READING/PUBLIC HEARING FOR ORDINANCE NO. 42-95 .?I --, (ANNEXATION OF BLOOD'S HAMMOCK GROVES) ..- DATE: SEPTEMBER 1, 1995 This is second reading and public hearing for Ordinance No. 42-95 which annexes a 94.14 acre parcel of land known as Blood's Hammock .--, " Groves. The property is located on the south side of Linton ' .. Boulevard, eas~ of Military Trail. ". Associated Future Land Use Map (FLUM) amendments for this site are , part of Comprehensive Plan Amendment 95-1 which is before the _".4 Commission for final adoption simultaneously with the annexation ' , request. Also on tonight's agenda is first reading for Ordinance No. 51-95 which establishes the initial zoning classifications. The reason for separating the annexation arid zoning in this case " .' was to allow the annexation to occur at the same time as the ; -!.~ adoption of Comprehensive Plan Amendment 95-1. Zoning was delayed pending preparation of legal descriptions for each of the four zoning districts. , " The Planning and Zoning Board considered this matter at public hearing on July 17, 1995, and voted 6 to 0 to recommend that it be approved. At first reading August 8, 1995, the Commission ., on , passed the ordinance by a vote of 4 to O. Recommend approval of Ordinance No. 42-95 on second and final reading. .!# ..... ;;;.1. !~, p~ ~-~ 4-0 -~:t ~.. ~ ¥2 -.'$ '::.:»f ),4'- ~ .,.-.: :''i' t:, ;.~ ref:agmemo16 :-:<..... ,- .' . ' . , , ¡ . ( ) ~ -.. ORDINANCE NO. 42-95 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND KNOWN AS BLOOD'S GROVE ORCHARD, LOCATED SOUTH OF LINTON BOULEVARD AND EAST OF MILITARY TRAIL, AS MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, Norman W. Blood, Jr. and The Estate of Carolyn J. Blood are the fee-simple owners of a parcel of land as more particularly described herein; and WHEREAS, Donaldson E. Hearing, Cotleur Hearing, as the authorized agent for the fee-simple owners as hereinabove named, has requested by petition to have the subject property annexed into the municipal limits of the City of Delray Beach; and WHEREAS, the subject property hereinafter described is contiguous to the corporate limits of the City of Delray Beach, Florida; and WHEREAS, the City of Delray Beach has heretofore been authorized to annex lands in accordance with Section 171.044 of the Florida Statutes. NOW, THEREFORE, BE IT ORDAINED 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, Palm Beach County, Florida, hereby annexes to said City the following described land located in Palm Beach County, Florida, which lies contiguous to said City to-wit: That part of Section 25, Township 46 South, Range 42 East, Palm Beach County, Florida, described as follows: Commence at the West Quarter Section Corner of said Section 25; thence North 89 degrees 09' 57" East, along the East-West Quarter Section Line of said Section 25, 40.00 feet to the Point of Beginning; thence North 0 degrees 59' 57" West, along a line . " , I ~~ . C" I ) 40.00 feet East of and parallel with the West line of said Section 25, 336.22 feet; thence North 89 degrees 09' 13" East, along the North line of the South Half (S 1/2) of the Southwest Quarter (SW 1/4) of the Southwest Quarter (SW 1/4) of the Northwest Quarter (NW 1/4) of S~ction 25, 632.92 feet; thence South 1 degree 01' 13" East, along the East line of the South Half (S 1/2) of the Southwest Quarter (SW 1/4) of the Southwest Quarter (SW 1/4) of the Northwest Quarter (NW 1/4) of Section 25, 336.36 feet; thence North 89 degrees 09' 57" East, along the East-West Quarter Section Line of Section 25, 673.04 feet; thence North 1 degree 02' 29" West, along the West line of the East Half (E 1/2) of the Northwest Quarter (NW 1/4) of Section 25, 2692.01 feet to the North line of Section 25; thence North 89 degrees 04' 0311 East, along the North line of Section 25, 892.98 feet to the Southerly right-of-way line of Germantown Road; thence South 69 degrees 35' 37" East, along said . Southerly right-of-way line, 317.32 feet; thence South 20 degrees 24' 23" West, 110.00 feet; thence South 69 degrees 35' 37" East, 62.80 feet; thence South 88 degrees 52' 27" West, 50.28 feet; thence South 1 degree 07' 33" East, 197.79 feet; thence South 43 degrees 52' 27" West, 212. 13 feet; thence South 1 degree 07' 33" East, 360.00 feet; thence South 88 degrees 52' 27" West, 100.00 teet; thence South 1 degree 07' 33" East, 726.00 feet; thence North 88 degrees 52' 27" East, 600.00 feet to the West line of the Plat of FOXE CHASE according to the Plat thereof recorded in Plat Book 38, Pages 1 and 2 of the Public Records of Palm Beach County, Florida; thence South 1 degree 07' 33" East, along said West line, 1021.08 feet to the East-West Quarter Section Line of Section 25; thence South 89 degrees 09' 57" West, along said East-West Quarter Section Line, 837.00 feet to the Northwest Corner of the Northeast Quarter (NE 1/4) of the Northeast Quarter (NE 1/4) of the Southwest Quarter (SW 1/4) of Section 25; thence South 1 degree 03' 45" East, along the West line of the Northeast Quarter (NE 1/4) of the Northeast Quarter (NE 1/4) of the Southwest Quarter (SW 1/4) of Section 25, 89.33 feet to the Northeast Corner of the Plat of DEL-AIRE GOLF CLUB SECOND ADDITION, as recorded in Plat Book 39, Pages 66 and 67 of the Public Records of Palm Beach County, Florida; thence Southwesterly and Westerly along the arc of a curve - 2 - Ord. No. 42-95 , , I .. -- . ') .-' -- ,-- .- concave Northerly with a radius of 685.00 feet, a - central angle of 78 degrees 21' 2611 and a line to the radi us point of said curve bearing North 62 degrees 11 ' 42" West, 936.80 feet; thence North 73 degrees 50' 1611 West, 223.46 feet to a point of curvature of .. ". a curve concave Southerly with a radius of 685.00 feet and a central angle of 6 degrees 43' 38"; thence Westerly, along the arc of said curve, 80.43 feet; thence North 80 degrees 33' 54'1 West, 268.51 feet to a point of curvature of a curve concave Southerly ,.., wi th a radius of 685.00 feet and a central angle of 20 degrees 22' 20" ; thence Westerly, along the arc of said curve, 243.56 feet; thence South 79 degrees 03' ;,., 46" West, 384.56 feet to a line 40.00 feet East of and parallel with the West line of Section 25; thence North 0 degrees 59' 57" West, along said parallel ,- line, 351.07 feet to the said Point of Beginning. Containing 94.14 acres, more or less. .- .., , Section 2. That the boundaries of the City of Delray Beach, Florida, are hereby redefined to include therein the above-described parcel and said land is hereby declared to be within the corporate limits of the City of Delray Beach, Florida. Section 3, That the land hereinabove described shall immediately become subject to all of the franchises, privileges, immunities, debts, obligations, liabilities, ordinances and laws to which lands in the City of Delray Beach are now or may be subjected, including the Stormwater Management Assessment levied by the City pursuant to.its ordinances and as required by Florida Statutes Chapter 197, and persons residing thereon shall be deemed citizens of the City of Delray Beach, Florida. Section 4. That this annexation of the subject property, including adjacent roads, alleys, or the like, if any, shall not be deemed acceptance by the City of any maintenance responsibility for such roads, alleys, or the like, unless otherwise specifically initiated by the City pursuant to current requirements and conditions. Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 6. 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. - 3 - Ord. No. 42-95 . , I , , . \. ) Section 7. 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 5th day of sePte~~ ATTEST: OllMnYlJ!~ k'ifl Jhlh( City C rk First Reading. Auqust 8, 1995 Second Reading September 5, 1995 - 4 - Ord. No. 42-95 - ' .... , ( . . ~ t ~ I I I II I II I ).J __ I I , ). " è\ :3 \ "~I ' I II I l~:::;~;:; I 'ï.J U ;/ /I ~1/ -j) '- I I,ll r I c::¡=p .1 III; L-J I ~o 1 I I 1i' I , , J \-, r1, I I jC LIN10N _ BOULEVARD f ~ ~. CANAL ~ I.t~~ £ ~#' . ~ ~~ ~& rrY~ ~Ii'O. \sq:.T ~ I ~_ T #1"" ~ SOllTH COUNTY \!!3.¡J-+ r".. ~ "-- ¡¡ENTAL HEALTH ---- ~ ~./" .J ! ~~ - SOlTTH COUN'TY ~ ~ - 00( PROFt:SSlONAI.. PlAZA I· Q: (PHASE I) UrP'V \ \ .... I ~G,#, \ ' ~ ~ CIIIQ.E 1 I (TAHERI ; PROPERn') ~ ') ~ 11 I >- J . J /,_ ~: -mL_J' . 7 ~ ß1; N~!I ~ - cm L~ITS í - >- :-- IIIII ~ ~- \ .... ----1 Øt£JUI1 uu.Et. I.AAt 3 - : 1IIIIII I I I I I ~ - j- ~ (DEl-AIRE) ~ f'- /1 N - BLOOD'S GROVE ) PlNININC 00' AR'IW £HT 01Y or OEUlA Y 8CA01, Fl -- DIG/fA/. BASE: UAP SYS7fU -- J . . ðf« ?i1 CITY COMMISSION DOCUMENTATION TO: DAVID T. HARDEN, CITY MANAGER THRU: ~~~~ . ~TMEtIT OF PLANNING ÄND ZONING ~~~ FROM: PAUL DaRLING, P I CIPAL PLANNER SUBJECT: MEETING OF AUGUST 1, 1995 ANNEXATION OF 94.14 ACRES KNOWN AS BLOODS GROVE ORCHARD. ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is approval of an annexation request for 94.14 acres known as the Bloods Grove Orchard. The subject property is located south of Linton Boulevard and east of Military Trail. BACKGROUND: On April 18, 1994 the Planning and Zoning Board considered a Future Land Use Map Amendment (94-1) for 94 acres (balance of Bloods Grove) from County MR-5 to City designations of 40 acres MD (Medium Density), 40 acres LD (Low Density), 10 acres CC (Commercial Core), and 4 acres OS (Open Space). These proposed designations would have allowed a maximum of 680 units. The accompanying development plan proposed 250 apartments and 375 attached single family units (total of 625 units). The Planning and Zoning Board had concerns over the proposed intensity. The Board recommended the proposal be modified to 64 acres of Low Density, 16 acres Medium Density, 10 acres Transitional. and 4 acres of Open Space. Under this scenario a maximum unit count of 519 units would have been allowed. The City Commission heard the request on May 17, 1994 and voted not to transmit the amendment, citing concerns over the overall density of the proposal . On Apri/17, 1995 the Planning and Zoning Board considered a Future Land Use Map change for the same 94 acres from the County Land Use Map designation of MR-5 to City designations of 51 acres of Low Density, 29 acres of Medium Density, 4 acres of Open Space, and 10 acres of Transitional. The zoning designations accompanying the FLUM amendment allows a maximum of 496 units and low intensity commercial uses. The FLUM amendment which was part of 95-1 was recommended for approval. On May 2, 1995 the City Commission approved transmittal of the request to DCA. This associated Future Land Use Map change will be before the City Commission for final adoption simultaneously with this annexation request. . ' . City Commission Documentation Annexation request Bloods Grove Page 2 The initial zoning request for the property will be before the Commission at its next meeting and will include designations of PRD-5 (Planned ResiçJential Development - 5 units per acre) for 51.25 acres, RM-8 (Residential Medium Density - 8 units per acre) for 29.09 acres, OS (Open Space) for 3.92 acres, SAD (Special Activities District) for 9.84 acres. The reason for separating the annexation and zoning in this case is to allow the annexation to occur at the same time as the adoption of the land use changes, which are part of Amendment 95-1. The rezoning is being delayed pending preparation of legal descriptions for each of the four districts. The current County zoning designation of AR (Agricultural Residential) will be in force until the adoption of the City zoning designations. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board considered this item at its meeting of July 17, 1995. At the public hearing one resident from the Bel Aire subdivision spoke (Steve Freedman) inquiring as to the location of the future access on Military Trail. The Del Aire community indicated by way of a letter from their attorney that they support the request. The Board unanimously recommended approval of the annexation and zoning on a 6-0 vote (Carolyn Young absent). RECOMMENDED ACTION: By motion, approve the annexation request for 94.14 acres of Bloods Grove subject to positive findings with respect to the following: . That the property is contiguous, reasonably compact and does not create an enclave; and, . That services will be provided to the property in a manner similar to other similar properties within the City. Attachments: * Planning and Zoning staff report S:\PLANNI\DOCUME\BLOOD5.DOC . '. PLANNI'NG AND ZONING BOARD CITY OF DELRAY BEACH --- STAFF REPORT --- MEETING DATE: July 17, 1995 AGENDA ITEM: V.B. ITEM: Annexation & Initial Zoning of PRD-5, RM-8, OS, &'SAD Districts for Bloods Hammock Groves. GENERAL DATA: Owner.................................................... Nonnan W. Blood and Estate of Carolyn J. Blood Applicant............................................... Donaldson E. Hearing Cotleur Hearing location................................................. South side of Unton Boulevard, east of Military Trail. Property Size......................................... 94.14 acres land Use Map Designation.................... Transitional County Zoning Designation.................... AR (Agricultural Residential) Proposed Zoning Designations.............. PRD-5 (Planned Residential Development) SAD (Special Activities District), OS (Open Space) and RM-8 (Multiple Family Residential) Adjacent Zoning............................North: CF (Community Facilities), RM-10 (Multiple Family Residential), OS (Open Space) and RL (Multiple Family Residential) East: RS (Single Family Residential - PBC), OSR (Open Space and Recreation), A (Agricultural), and CF South: R-1-AA (Single Family Residential) and OSR West: POC (Planned Office Center), RM-10, CF, RS/SE (Single Family Residential - PBC), Existing Land Uses................................ Existing commercial orange grove. Proposed Land Uses..............................Annexation and initial zoning for a 94.14 parcel ~ proposed for 51.25 acres of PRD, 29.09 acres of RM, 9.84 acres of SAD, and 3.96 acres of OS. Water Service........................................ ExIsting 12· water main in Gennantown Road right-of-way. Existing 10· water main in Linton Boulevard. Existing 12· sewer main serving the BIood's Grove Elementary School Sewer Service........................................ Existing 8" sewer main serving the Blood's Grove Elementary School tied into an existing lift station on site. V,B, ,. The action before the Board is that of making a recommendation on an annexation and initial zoning request to PRD-5, RM-8, SAD, and OS for 94.14 acres known as the Bloods Grove Orchard. The subject property is located south of Linton Boulevard and east of Military Trail. Pursuant to Section 2.2.2(E), the Local Planning Agency shall review and make a recommendation to the City Commission with respect to annexation and zoning of property within the City's Planning Area. . " ",,¡i~iJrtll'I¡'Ji¡l¡t¡ilt¡I('~i_.IL"llltil~::fI_Ii._ With the adoption of the Comprehensive Plan in November, 1989, "advisory" land use designations were applied to all areas which were outside the City limits but within the City's Planning Area. The 111 acre Bloods Grove site was given advisory designations as follows: 40 acres Medium Density Residential, 40 acres Low Density Residential, 17 acres Community Facilities, 10 acres Commercial Core, and 4 acres Open Space. The 17 acres of Community Facilities was intended to accommodate a future elementary school site, neighborhood park, and fire station in the southwest portion of the City. On November 26, 1991 the City annexed 1.808 of the 111 acres, at the northeast corner of the property via Ordinance 76-91. The 1.808 acres consisted of an access easement as well as a temporary and permanent fire station site. The temporary fire station was placed on the site while the permanent fire station was constructed. Fire station # 5 has since been completed and the temporary station removed. In April, 1993, an annexation petition, Future Land Use Map amendment and initial zoning request to accommodate a 10 acre elementary school site on the Taheri property adjacent to Bloods Grove was submitted. Before those actions were formally processed, the School Board reconsidered that location and instead chose a 10 acre site in the northeast portion of Bloods Grove. As a part of the School District's purchase contract the City is to locate a municipal park contiguous to the school site. . , , P&Z Staff Report Annexation and Initial Zoning - Bloods Property Page 2 In April, 1993 the owners of Bloods Grove granted agency to the City for the processing of an annexation petition and all land development applications necessary to accommodate a 10 acre elementary school (School Site S) and 6 acre municipal park. The change in land use from MD (Medium Density Residential) to CF (Community Facilities) was processed with land Use Plan Amendment 93-2. The related annexation and initial zoning were approved by City Commission on March 22, 1994. The Conditional Use request to establish the school was approved by City Commission at its meeting of April 5, 1994. On April 8, 1994 the sale of the school site to Palm Beach County School Board and the park site to the City was consummated. The school site is now under construction and the park site is slated for future development. On April 18, 1994 the Planning and Zoning Board considered a Future land Use Map Amendment for 94 (balance of Bloods Grove)acres from County MR-5 to City designations of 40 acres MD (Medium Density), 40 acres lD (low Density), 10 acres CC (Commercial Core), and 4 acres OS (Open Space). These proposed designations would have allowed a maximum of 680 units. The accompanying development plan proposed 250 apartments and 375 attached single family units (total of 625 units). The Planning and Zoning Board had concerns over the proposed intensity. In addition several members were concerned with the relocation of the Commercial Core designation from the center of the site to Linton Boulevard. The Board recommendeq the proposal be modified to 64 acres of low Density, 16 acres Medium Density, 10 acres Transitional, and 4 acres of Open Space. Under this scenario a maximum unit count of 519 units would have been allowed. The City Commission heard the request on May 17,1994 and voted not to transmit the amendment, citing concerns over the overall density of the proposal . On April 17, 1995 the Planning and Zoning Board considered a Future land Use Map change for the same 94 acres (balance of Bloods Grove) from the County land Use Map designation of MR-5 to City designations of 51 acres of low Density, 29 acres of Medium Density, 4 acres of Open Space, and 10 acres of Transitional . This amendment which was part of 95-1 was recommended for approval. On May 2, 1995 the City Commission approved transmittal of the request to DCA. This associated Future land Use Map change will be before the Planning and Zoning Board and City Commission for final adoption simultaneously with this annexation and initial zoning request. The related annexation and initial zoning for the 94 acre site is now before the Board for action. . , . P&Z Staff Report Annexation and Initial Zoning - Bloods Property Page 3 The request is for voluntary annexation of 94.14 acres and the application of the following four initial zoning districts: * PRD-5 ( Planned Residential Development -5 units per acre) -51.25 acres - Maximum 258 sq.ft. units * RM-8 (Residential Medium Density - 8 units per acre) - 29.09 acres- Maximum of 234 multi-family units * OS (Open Space) - 3.92 acres * SAD (Special Activities District) - 9.84 acres The Open Space district will accommodate an existing hammock. environment which is to be preserved. Under the SAD zoning designation the following specific uses are requested ; · Thirty-three thousand and five-hundred (33,500) sq.ft. of Citrus Packing House and related office and retail uses (floral, fruit sales, gifts, and juice bar) subject to a maximum retail component of 10,700 sq.ft. · Additional retail sales such as convenience foods; household supplies; garden and lawn supplies; drugs and medicine; small appliance sales and repairs; baked goods; delicatessen goods, subject to a maximum of 5,000 sq.ft. of floor area allocated to a single retail use, or groups of retail uses not to exceed 20,000 sq. ft. maximum. · Provision of services such as: barber and beauty shops; dry cleaning limited to on-site processing for customers pick-up only; dry cleaning and laundry pick-up stations; financing e.g. banks and similar institutions excluding drive- through facilities; laundromats limited to self service facilities; equipment rental; newsstands subject to the maximum area devoted to a single tenant for service uses not to exceed 2,000 sq.ft. in floor area and the floor area allocated to groups of service uses not to exceed 10,000 sq.ft. maximum. . · Up to 7,500 sq.ft. of restaurant use excluding drive-in, drive-through facilities. · Professional, medical, and general business office uses. · Residential uses as allowed within the RM zoning district. · A maximum floor area for the combined uses is not to exceed 65,000 sq.ft. as noted on the accompanying sketch Plan. . , . . P&Z Staff Report Annexation and Initial Zoning - Bloods Property Page 4 A master plan showing the intensity, and general location of buildings, circulation, parking and perimeter landscape butters has been provided. An alternative approval scenario (i.e. SPRAB versus P&Z) is requested for the specific site plan, landscape plan, and elevations approval (see discussion later in this report). Florida Statutes Governing Annexations: Pursuant to Florida Statute 171.044" the owner or owners of real property in an incorporated area of the County which is contiguous to a municipality and reasonably compact may petition the governing body of said municipality that said property be annexed to the municipality". Pursuant to F.S. 171.044 (5) "land shall not be. annexed through voluntary annexation when such annexation results in the creation of enclaves". * The owner of the subject property has petitioned for a voluntary annexation. * The property is contiguous with the City, reasonably compact, and its annexation will not create an enclave. The parcel is contiguous via the Shadywood subdivision to the north, Del Aire subdivision to the south, and the Linton Office Center, South County Mental Health Facility and the proposed Citation Club rental community to the west. An "Enclave" is defined by Florida Statute 17,1.031 as: "Any unincorporated improved or developed area that is enclosed within and bounded by single municipality and a natural or manmade obstacle that allows the passage of vehicular traffic to that unincorporated area only through the municipality." * The annexation of this property will not create an enclave of the Foxe Chase subdivision to the east as this subdivision by the above definition is already an existing enclave. Currently the subdivision's access is restricted to Germantown Road in which all vehicular traffic must first enter the City before accessing the development. . " P&Z Staff Report Annexation and Initial Zoning - Bloods Property Page 5 Consistency with the City's Comprehensive Plan: The City's current Advisory Future Land Use Map designation for the property is a combination of Open Space, Commercial Core, low Density Residential and Medium Density Residential. This designation is being modified via the land Use Amendment request 95-1 to low Density, Medium Density, Open Space, and Transitional. The County land Use Map designation for the property is MR- 5 (Medium Density Residential). The City's FlUM designations will become effective upon annexation and completion of the City's Plan Amendment 95-1 scheduled for City Commission action at the same meeting as this annexation and initial zoning proposal. Designated Annexation Area: This requested annexation is consistent with Policy B-3.4, of the City's Future land Use Element which calls for annexation of eligible properties. The property is shown within the "designated annexation area" # 2, east of Military Trail and south of Linton Boulevard. Provision of Services: When annexation of property occurs, services are to be provided in a manner which is consistent with services provided to other similar properties already in the City (Future land Use Policy B-3.1). The following is a discussion of required services and potential provision levels. Police: This property is currently serviced by the Palm Beach County Sheriffs Office, located at 345 South Congress, which serves the South County Area. The property lies within Sheriff patrol zone 7. Zone 7 is bordered by Jog Road on the west, Delray Beach City limits on the east, Atlantic Avenu~ to the north, and Clint Moore Road to the south. One officer is assigned to a particular zone during a shift (three shifts per day). Additional response can be mustered from "Cover Cars" which roam throughout zones randomly, depending on their availability in South County during that time. The City of Delray Beach's Police department has 14 cars per shift patrolling a 15 square mile area; and, as a consequence, significantly improved response time should be realized. Annexation will not require additional manpower, as police currently pass the property while patrolling areas of the City to the north, south, and west of the property. Fire and Emergency Services: The annexation of this property will not require additional manpower. The municipal area is served by Fire Station #5 located immediately east of the property on Germantown Road. . ' > P&Z Staff Report Annexation and Initial Zoning - Bloods Property Page 6 With annexation the property will receive an improvement in response time from the current 6 minutes for the County Fire Department (Fire Station #42/ Hagen Ranch Road near the Turnpike) to approximately 1 minute for the City's Fire Department ( Fire Station #5 / Germantown Road and Linton Boulevard). Water: Water is available to the site from the north (Germantown Road and Linton Boulevard ) and from the east within the elementary school site. On site extensions of a 12" water main will be required through the site to tie into water mains proposed within the Citation Club development (Taheri property) as well as across the L-37 canal to connect with existing 8" water mains within the Del Aire subdivision. Along the new mains, fire hydrants must be installed with a maximum of 300' spacing. Sewer: Sewer service is available from a new 8" main which has been extended from Linton Boulevard south to the elementary school. With the school development a new lift station has also been constructed which has been sized to accommodate future development of this site. Gravity main extensions (8") will be required with further development of the site. Streets : The property has access from both Military Trail to the west and Linton Boulevard to the north. Access to the existing Bloods Orchard commercial operation is gained from a new entry built with the newly aligned intersection of Germantown and Linton Boulevard. Military Trail and Linton Boulevard are under the jurisdiction of Palm Beach County and the jurisdictional and maintenance responsibility will not change with annexation. Parks and Open Space: As the Planning Area was considered in the development of the Comprehensive Plan, the act of annexation and applying initial zoning designations consistent with the advisory land use designations will have no effect on parks and open space levels of service. It is noted that the zoning designations being sought are less intense than those considered with the development of the Comprehensive Plan. Further, as part of this development proposal 4 acres of the site is to be dedicated as open space to preserve an existing Hammock area. . ' P &Z Staff Report Annexation and Initial Zoning - Bloods Property Page 7 Solid Waste: As there is no actual change in land use there will be no change in the existing solid waste generation at this time. The service provider for the developed portion (Bloods Orchard commercial operation ) would remain the same (South County Sanitation) while future site development will have a different provider as described later in this report. Financial Impacts: Impact Upon Annexed Property: For the 1994 tax year the subject property had an assessed value of $2,662, 205 with an agricultural exemption of $2,185,250 for a total taxable value of $476,955. With the change from County to City jurisdiction, the following taxes and rates are affected: Ad Valorem Taxes Mileage With annexation Fire/Rescue MSTU 2.5539 Deleted (County) Library .4437 Deleted (County) City of Delray Beach 6.8800 Added (City) City of Delray Beach 1.0700 Added (City) 4.9524 difference * Total tax mileage in the County is 20.1501 mills while in the City the total millage rate is 25.1020 mills The current yearly ad valorem taxes are $ 9,610.69 . With annexation the yearly ad valorem taxes will be $11,972.52; a tax difference of $2,361.83. In addition to property taxes the following non ad valorem fiscal impositions apply: Delray Beach Storm Water Utility - This assessment is based upon the percentage of impervious area of the buildings, parking areas, etc. A 25% discount from the assessment is available as the site is within the Lake Worth Drainage District and an additional 25% discount is available for the on site retention system. The estimated annual Storm water Assessment fee for the existing commercial operation is $919.00 a year. With future development of the commercial and residential portion of the site the assessment will increase accordingly. . , .. P&Z Staff Report Annexation and Initial Zoning - Bloods Property Page 8 Solid Waste Authority: - This site is currently serviced by South County Sanitation, which is under a five year contract that runs from October 1, 1993 through September 30, 1998. The City's contract is currently through Waste Management Inc. Pursuant to Florida Statute 171.062(4)( a) "if a party has a contract which is in effect for at least six months prior to the initiation of an annexation, the franchisee may continue to provide such services to the annexed area for five years' or the remainder of the franchise term, whichever is shorter. As the annexation was not initiated within the six month period, the waste provider for the commercial operation will not change with annexation. When this current contact expires, the waste provider for this property will be the current City provider. The out-of-City I in-City rates are anticipated to be competitive. With future development of the balance of the site (residential portion) the service provider will be the current City provider. Occupational Licenses: With annexation the existing commercial operation will be required to obtain City Occupational Licenses in addition to the required County Licenses. It is anticipated that the juice bar, gift shop and garden shop will generate $240.00 (current fees), 375.00 (proposed fees) in annual City license fees. Resulting impact to property owner: FINANCIAL CONSIDERATIONS: AD VALOREM TAXES (Change from 94/95 County $2,361.83 20.1503 to City 94/95 rate 25.1020 mills. (4.9524) NON AD VALOREM Stormwater Assessment $ 919.00 Solid Waste Collection $ .00 OCCUPATIONAL LICENSE FEES $ 240.00 TOTAL $ 3,520.83 . . P&Z Staff Report Annexation and Initial Zoning - Bloods Property Page 9 SERVICE CONSIDERATIONS: FIRE RESPONSE + Faster response time from 6.0 minutes (estimated time) (County) to 1.0 minutes (City). EMS + Faster response time from 6.0 minutes (estimated time) (County) to 1.0 minutes (City). POLICE + Better response based upon more officers in field. CODE ENFORCEMENT + Pro-active versus reactive opportunity to work with property owners. Fiscal Impacts to the City: At the 1995 City operating millage rate of 6.88 mills and debt rate of 1.07 mills, the property will generate approximately $3,791.79 in new ad valorum taxes per year. This total increases to $21,164.53 with the removal of the agricultural exemption. With future residential and commercial development , additional revenue will be realized through increased assessment value, building permit and license fees, the annual collection of the Stormwater assessment fees as well as utility taxes (9.5% electric, 7% telephone) and franchise fees (5.536% electric, 1% telephone and 3% cable). With future development of the residential portions of the property additional revenues will be generated from per capita reimbursements. The major sources of per capita revenue are sales tax, cigarette tax, and State Revenue sharing. REQUIRED FINDINGS: (Chapter 3): Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the following four areas. . , " P&Z Staff Report Annexation and Initial Zoning - Bloods Property Page 10 Future Land Use Map: The use or structures must be allowed in the zoning district and the zoning district must be consistent with the land use designation. The proposed City Future land Use designation in the related Future land Use Map amendment (95-1) is a combination of low Density, Medium Density, Open Space and Transitional. The proposed zoning designations of PRD-5, RM-8, Open Space, and the SAD as described are consistent with these Future land Use Map designations. The list of uses includes those that were specifically requested by the applicant as well as others that are consistent with zoning districts allowed under the Transitional land Use designation (i.e. RM, POC, POD and NC). No square footage restrictions (other than overall SAD maximums) are placed on the office or residential uses as these uses are allowed without restrictions under the POD, P~C and RM zoning designations. The proposed 33,500 sq.ft.of Citrus packing house use includes the . existing 20,000 sq.ft. of manufacturing, office and commercial components and an additional 5,000 sq.ft. of related retail, 3,000 sq,ft. of manufacturing and 5,500 sq.ft. of office use. The proposed restrictions to the service and retail components are generally consistent with the restrictions outlined under the NC zoning district.The following differences are noted; * The Neighborhood Commercial zoning district (NC) restricts retail uses to a 10,000 sq. ft. total versus 20,000 sq. ft. as requested. This is appropriate as the overall size of the SAD (10 acres) is larger than the maximum allowable NC site (2 acres). The applicant has agreed to limit the maximum square footage per tenant to 5,000 sq.ft. verses the maximum of 10,000 as allowed under the NC district. This will help ensure that the resulting retail is a mix of specialty shops, rather than a larger retail outlet. * The Neighborhood Commercial District further restricts restaurants to a maximum of 2,000 sq.ft. per tenant while no such restriction is placed on the requested 7,500 sq.ft. restaurant use. Again, given the larger size of the property, and the fact that restuarants are also permitted in the POC zoning district (with restrictions), the 7,500 sq.ft. is not unreasonable. Concurrency: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. . , '. P&Z Staff Report Annexation and Initial Zoning - Bloods Property Page 11 The proposal involves the annexation of an existing commercial operation and orchard. At the time of annexation there will be no change in the manner in which water, sewer, drainage, solid waste and streets/traffic services are provided. Fire, Police and EMS will shift to a different provider; all these services will be equal to or enhanced (see annexation analysis for details). A traffic study was submitted based upon a development potential of 350 Multi- family units, 200 single family units and 108,900 square feet of commercial development. The project is anticipated to generate approximately 7,347 new daily trips. The traffic study indicates that the residential components of the project will be built first (through 1996). The retail component will be built after 1996 with a projected build out of 1999. The traffic study shows the need to phase the timing of the project in accordance with three roadway improvements. These include: . No building permits for more than 20 single family units or 28 multifamily units may be issued until improvements to the intersection of Military Trail and Clint Moore are under construction. The improvement consists of dual left turn lanes on the north and south approaches. Palm Beach County has the improvement programmed for this year. This improvement to the intersection of Military Trail and Clint Moore Road allows the project to be built through 1996. After 1996, Military Trail does not meet Traffic Performance Standards due to background growth. . No building permits beyond 1996, or for the retail component may be issued until the widening of Military Trail between Linton Boulevard and Clint Moore Road is under construction. This improvement is scheduled for fiscal year 96/97. The traffic study further shows a need for a left turn lane and right turn at the project entrance at Linton Boulevard. Additional turn lane improvements may be required at Military Trail. Further, as the project generates more than 7,000 net daily trips it is classified as a major project. Major projects require an additional test (Test 2) to be run by the Metropolitan Planning Organization and final approval from the Palm Beach County Traffic division can not be issued until the model run is completed. With future development of the site a central access roadway is proposed through the property from Linton Boulevard south to Military Trail. The majority of this roadway is proposed as a private gated roadway, however, access to the elementary school site and Linton Boulevard is to be provided for the Citation Club rental community proposed on the Taheri property. This required access is indicated as a City collector on the Future Land Use Map and in the Comprehensive Plan. . , ,,' P&Z Staff Report Annexation and Initial Zoning - Bloods Property Page 12 As no development proposal is eminent for Bloods the ability to provide this connection must be maintained and required of future development. It is recommended that prior to removing the reference to this connection as a City Collector from the Future land Use Map a developers agreement be executed and recorded between Bloods and the City requiring the desired connection. This agreement should be submitted and executed during the platting process at which time right-of-way dedications and access tracts will be established. In addition, a collector roadway is proposed extending south from Linton Boulevard between the City park site and the proposed SAD portion of this proposal. This collector roadway will provide access to the new elementary school for both bus and parent traffic. Both of these internal roadways are to be constructed concurrently with development of the site at the developer's expense. Consistency: Compliance with the peñormance standards set forth in Section 3.3.2 (Standards for Rezoning Actions) along with required findings in Section 2.4.5 (D)(5) (Rezoning Findings) shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in the making of a finding of overall consistency. Section 3.3.2 (Standards for Rezoning Actions): The applicable peñormance standards of Section 3.3.2 and other policies which apply are as follows: C) Additional strip commercial zoning on vacant properties shall be avoided. This policy shall not preclude rezonings on land that at the time of rezoning has improvements on it . Where existing strip commercial areas or zoning exists along an arterial street , consideration should be given to increasing the depth of the commercial zoning in order to provide for better project design. The proposed SAD portion of the initial zoning application is not a strip commercial zone district. The parcel has a depth of over 1,000 feet and will have the uses internally orientated. The commercial aspects will complement the existing Citrus packing house, creating a unique shopping designation. D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. . '" . P&Z Staff Report Annexation and Initial Zoning - Bloods Property Page 13 The application of specific zoning designations throughout the parcel have been selected to maximize compatibility with adjacent development. The Low Density zoning (PRD-5) is proposed along the south and east portions of the site adjacent to the low density Foxe Chase and Del Aire communities. The Medium Density designation ,of RM-8 is proposed between the Linton Office Center, South County Mental Health facility and Citation Club Rental Community to the west and the proposed SAD parcel to the east. The SAD parcel is between the proposed RM-8 to the west and the new elementary school and municipal park site to the east. Section 2.4.5(D)(5) (Rezoning Findings): Pursuant to Section 2.4.5(D)(1) (Findings), in addition to provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: a. That the zoning had previously been changed, or was originally established, in error; b. That there has been a change in circumstances which make the current zoning inappropriate; and, c. That the requested zoning is of similar intensity as allowed under the Future land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. As this petition is an initial zoning designation to be applied to property being annexed the above section does not apply. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following was found: Conservation Element Policy 8-2.1: - Submission of a biological survey and a habitat analysis shall accompany land use requests for...rezonings... However this requirement shall not apply... where it is that there are not such resources. An Environmental Assessment of the site was conducted by Grant Thornborough & Associates and submitted in March, 1994. The conclusions of the study includes a recommendation to preserve the only environmentally significant parcel (oak hammock site). This is being accomplished through the application of the Open Space zoning category. . '. P&Z Staff Report Annexation and Initial Zoning - Bloods Property Page 14 Housing Element Objective C-2: - Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile. Policies which will assure this objective include: Housing Element Policy C-2.2: Vacant land areas west of 1-95, shown on the Future land Use map as low density residential and rural residential, shall be retained for single family detached housing or low density planned unit residential development The development proposal provides a mix of housing types which includes a low density planned unit development on the low density portion of the site. Compliance with land Development Regulations: The proposed use is to be in compliance with the land Development Regulations. Items identified in the land Development Regulations shall specifically be addressed by the body taking final action on a land development application/request. The applicant has submitted a master plan for the SAD component of the request. Normally, concurrent with the processing of the SAD rezoning application, a complete site and development plan must be processed. Further, any future modifications Le. addition of parking spaces etc. mµst be processed as a rezoning of the SAD requiring review by the Planning and Zoning Board and approval by City Commission. This process was implemented when both rezonings and site plan reviews were conducted by the Planning and Zoning Board. Since 1990 the Planning and Zoning Board has not reviewed site plans, landscape plans, or elevations except in the case of master plans. The master plan shows the intensity, and general location of buildings, circulation, parking and perimeter landscape buffers. Substantial changes to an SAD including changes in intensity, change of uses etc. should continue to be reviewed by both the Planning and Zoning Board and City Commission. However, minor changes to SAD site plans should not. It is recommended that the Board remand the specific site plan, landscape plan, and elevations for the SAD portion of this development to the Site Plan Review and Appearance Board (SPRAB) for approval. In addition I language should be added to the SAD ordinance specifying that future modifications which are not substantial and do not deal with intensification or types of uses can be reviewed by SPRAB and processed as site plan modifications. . ,,' P&Z Staff Report Annexation and Initial Zoning - Bloods Property Page 15 In reviewing the SAD sketch plan the following Land Development issues are noted and must be addressed with the future submittals of the specific site plan, landscape plan, and elevations: * A 30' landscape buffer is required along Linton Boulevard pursuant to Section 4.3.4 (H)(6). This buffer is to be in addition to the 80' LWDD canal right of way currently shown as the landscape buffer. * After provision of the 30' landscape buffer the location of the northernmost building along with the provision of parking north of the building should be revisited. * A total of 54 of 226 parking spaces are provided in close proximity to the shops. If the development is successful conveniently located parking would be limited. ~evisiting the location of the parking spaces may be appropriate. * The location of the pedestrian circulation system should be shown. Presently, there are no sidewalk connections or crosswalk locations shown between groups of stores, and parking areas. In addition, the sidewalkl pedestrian connection along the spine road (new access road) should be noted. * The future elevations of buildings which have their sides or rears facing Linton Boulevard should be provided with additional detail and facade features to minimize the aesthetic impact. Parking spaces are not to exceed 10 spaces in a row without being separated by a landscape island, conflicts are noted east of the packing house. In addition, all handicap spaces are to be provided with 5' ramp areas. Per ADA standards parking lots between 201 and 300 parking spaces are required to have a minimum of 7 handicap spaces, 6 have been provided . The PRO zoned portion of the property will require submittal of a master plan {Section 4.4.7(E)} which must be reviewed and approved by the Planning and Zoning Board. The SAD and RM-8 components will require site plan approval by the Site Plan Review and Appearance Board. In addition, a preliminary plat must be provided for the entire site identifying the location of the access roadway, new collector road, main utilities, lift station location, etc. Final plats will be required for each section of the development Le. PRO, RM-8 and SAD. . , P&Z Staff Report Annexation and Initial Zoning - Bloods Property Page 16 ¡¡i¡¡¡1¡¡¡¡!¡¡¡¡!!¡1¡¡¡¡!!I¡¡!¡i¡!i~1¡¡iiii!i¡il:i!iiii¡iliil¡i¡¡iliji:i¡i!!ii¡ii¡iiii¡i¡i:li¡i¡j:i:!i:iiiii:i:iii¡:IIII:§liiiillii¡lllllll~ilt¡if.~'!r~¡li~II¡lill¡i:¡li!¡i~i¡i¡~!¡¡ii¡ii¡iii:¡¡¡¡¡i¡I¡¡i¡i!¡¡¡¡¡¡¡i¡¡:¡:¡:¡¡ The initial zoning is not in a geographic area requiring review by either the HPB (Historic Preservation Board), DDA (Downtown Development Authority) or the CRA (Community Redevelopment Agency). Notification of Adjacent Local Governments: Per Policy A-1.7 of the Intergovernmental Coordination Element of the City of Delray Beach Comprehensive Plan notification must be provided to an adjacent unit of government of any development proposal which involves a private land use petition requiring Local Planning Agency review and located within one- quarter mile of the boundary of that unit of government. Notice of this application has been sent to City of Boca Raton and Palm Beach County Planning Division. No objections have been received for either government agency. Neighborhood Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. A special certified notice has been sent to each of the property owners of record. Courtesy notices have been sent to: * Helen Coopersmith (PROD) * Erminio P. Guiliano (Foxe Chase) * Saul Weinburger, (Del Aire) * Jim Goggin (Country Lake Association) * Shadywoods Homeowners Association. * Spanish Wells Condo Association * Gretchen Bacon, Oakmont Residential Assoc. The annexation of this property is consistent with the Comprehensive Plan policies which call for annexation of eligible properties (Future Land Use Element, Policy B-3.4). The proposed initial zoning designations of PRD-5, RM-8, OS, and SAD are consistent with the proposed Future Land Use designations of Low Density, Medium Density, Open Space, and Transitional being processed as part of 95-1. . P&Z Staff Report Annexation and Initial Zoning - Bloods Property Page 17 The proposed development intensities allowed under the proposed initial zoning request are significantly less than the maximums allowed under the advisory designation established in 1989 and the initial annexation request of April, 1994. Given the above the proposal is consistent. compatible. and harmonious with adjacent properties and the City as a whole. A. Continue with direction. B. Recommend approval of the annexation request and initial zoning based on positive findings with respect to Section 2.4.5(0)(1) (Rezoning Findings). Section 3.1.1. and the Performance Standards of Section 3.3.2. policies of the Comprehensive Plan. C. Recommend denial of a annexation and initial zoning based on a failure to make positive findings. > . Recommend approval of the Annexation request with an initial zoning of PRO-5 (51.25 acres), RM-8 (29.09 acres). OS (3.92 acres). and SAD (9.84 acres) based upon positive findings with respect to Section 3.1.1, Section 3.3.2, Section 2.4.5(0)(1) and policies of the Comprehensive Plan and upon the following findings: . That tt)e property is contiguous, reasonably compact and does not create an enclave; . That services will be provided to the property in a manner similar to other similar properties within the City. . , . -- ( ( , , MIUTARY TRAIL ------------1 I i ¡ , i . : I I ~ L· l - Ø) ::J -t ~ a :; ::J o ø ::J - . e Õ . & I !: ~~ Ilig ã ø OCD Z Ii CD ::J CD o c I~ .~ c , ïqo g;¡¡ ~ ] 0 ~ ~ 1!5~ 0 ï a. ~(I) CD 0 C ,,- "3 "I; ~ :1@ ::J ~ ø ig i... i- is ~~ ~ ~ : if it if it ~ - g if II" I ::J ::J ~ ¡ i i· I ' , 0.:< r; ; ; ; ;. ." co ~ n I E Ii I! 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"#'... ..............-. ..... ...................... ..... .. ..........'....... ............................ .. ... ................ ................................................ ............................................... ................................................ ................................................ ................................................ ............................................... ..... .... . ...... ....................... I i ¡ . ., - . ;;..- - ~,~ ,1 ..~ --'-'" .~ ~ !: - -~ .::; M E M 0 RAN DUM -~~- ~ ~~~ ~ .' ~ .- ~ ,:"",,:J TO: MAYOR AND CITY COMMISSIONERS -~ - .- CITY MANAGER tJH1 .;!: FROM: :::;: ,~ ~ AGENDA ITEM i 10 ~ !:t. SUBJECT: - MEETING OF SEPTEMBER 5, 1995 ~ .....a.. =- :SECOND READING AND PUBLIC HEARING FOR ORDINANCE NO. 43-95 _. ~~ (ANNEXATION AND INITIAL ,ZONING FOR THE JONEa PROPERTY) -- .- DATE: SEPTEMBER 1, 1995 ;:¡; ,- ""~ '_.4 ....". _1 This is second reading and public hearing for Ordinance No. 43-95 which annexes an 18.10 acre parcel of land known as the Jones property and establishes initial zoning of RM-6 (Medium Density Residential 6 units/acre), in part, and RM (Medium Density ., - --...., Residential) District, in part. The RM-6 zoning classification is ¡¡: to be applied to a 100 foot wide area along the north and east :...,: sides of the property (approximately 4.2 acres), with the balance ~a.; ..~ to be zoned RM (13.9 acres) . The subject property is located on the north side of West Atlantic Avenue, immediately east of the Carver Middle School site. ¡." ... ,- Planning and Zoning Board considered this item public ," The at ,. .. hearing on July 17, 1995, and voted 6 to 0 to recommend that the annexation and initial zoning classifications be approved. At ,. " first reading on August 8, 1995, the Commission passed the ordinance by a vote of 4 to O. Recommend approval of Ordinance No. 43-95 on second and final · . , reading. -- ~- :-.i:. p~ L/-o ~ -.. f! .:;...;;.. ;:¡: ~!;. .~ u " - .. ?J :"" :..... rr, · ,. ref:agmemo15 .. - , .. - · .. . . . . , I , - . ( \ .. '-- - ,-. - -- ORDINANCE NO. 43-95 ..- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND KNOWN AS THE JONES PROPERTY, LOCATED ON THE NORTH SIDE OF WEST ATLANTIC AVENUE, EAST OF AND ADJACENT TO THE CARVER MIDDLE SCHOOL SITE, AS MORE PARTICULARLY DESCRIBED HEREIN, WHICH - LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID tAND; PROVIDING FOR THE ZONING OF A 4.2 ACRE PORTION OF THE LAND TO RM-6 (MEDIUM " DENSITY RESIDENTIAL - 6 UNITS PER ACRE) DISTRICT, AND , A 13.9 ACRE PORTION OF THE LAND TO RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, Patricia M. Jones is the fee-simple owner of a c parcel of land as more particularly described herein; and WHEREAS, Joseph S. Torg and Company, Inc. , as duly authorized agent for the fee-simple owner hereinabove named, has requested by petition to have the subject property annexed into the municipal limits of the City of Delray Beach; and WHEREAS, the subject property hereinafter described is contiguous to the corporate limits of the City of Delray Beach, Florida; and WHEREAS, the designation of a zoning classification is part of the annexation proceeding, and provisions of Land Development Regulations Chapter Two have been followed in establishing the proposed zoning designations; and WHEREAS, the City of Delray Beach has heretofore been authorized to annex lands in accordance with Section 171.044 of the Florida Statutes. NOW, THEREFORE, BE IT ORDAINED 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, Palm Beach County, Florida, hereby annexes to said City the - . following described land located in Palm Beach County, Florida, which lies contiguous to said City to-wit: . , " , , .. - ... , ) .~ t . .. i '- - -- ... PARCEL U A II : The East 100.00 feet lying West of and parallel with the East line of the West 1/4 of the Northeast 1/4 of the Southeast 1/4 of Section 13, Township 46 South, '- ." Range 42 East. TOGETHER WITH The North 170.00 feet of that part of the West Quarter (W 1/4) of the Northeast Quarter (NE 1/4) of the Southeast Quarter (SE 1/4) and the East Quarter (E 1/4) of the Northwest Quarter (NW 1/4) of the Southeast Quarter (SE 1/4), all in Section 13, Township 46 South, Range 42 East, Palm Beach County, Florida, lying North of State Road No. S-806 (West Delray Road), as recorded in Road Plat Book 3, Page 27, Public Records of Palm Beach County, Florida. LESS right-of-way for Lake Worth Drainage District. ,. Containing 4.2 acres, more or less. PARCEL II B II : That part of the West Quarter (W 1/4) of the Northeast Quarter (NE 1/4) of the Southeast Quarter (SE 1/4) and the East Quarter (E 1/4) of the Northwest Quarter (NW 1/4) of the Southeast Quarter (SE 1/4), all in Section 13, Township 46 South, Range 42 East, Palm Beach County, Florida, lying North of State Road No. S-806 (West Delray Road), as recorded ...... in Road Plat Book 3, Page 27, Public Records of Palm Beach County, Florida. LESS right-of-way for Lake Worth Drainage District. LESS THE FOLLOWING PARCELS: That part of the West Quarter (W 1/4) of the Northeast Quarter (NE 1/4) of the Southeast Quarter (SE 1/4) and the East Quarter (E 1/4) of the ' . Northwest Quarter (NW 1/4) of the Southeast Quarter -- (SE 1/4) of Section 13, Township 46 South, Range 42 .' East, Palm Beach County, Florida, lying North of the North right-of-way line of State Road No. 806, as shown on the Plat thereof, recorded in Road Plat Book 3, Page 27, Public Records of Palm Beach County, Florida, described as follows: - 2 - Ord. No. 43-95 . ' , I , ( I ) .., .. !' '~-.. , ;~t ,- !-: , . "- . . ,- ",- BEGINNING at the point of intersection of the said ,- ,- North right-of-way line of State Road No. 806 and the West line of the said East Quarter (E 1/4) of the '.. ..' Northwest Quarter (NW 1/4) of the Southeast Quarter ,. ,.. (SE 1/4) of Section 13¡ thence North 00 degrees 41' ~~ 22" West, along said West line, a distance of 400.00 feet to a line 400.00 feet North of and parallel with said North right-of-way line; thence North 89 degrees 22' 08" East, along said parallel line, a distance of .... t.~.... 69.00 feet¡ thence South 00 degrees 41' 22" East, a ':..... distance of 237.19 feet¡ thence North 89 degrees 12' ~ 25" East, a distance of 133.29 feet¡ thence South 40 E)< .~~ degrees 33' 35" East, a distance of 100.31 feet¡ l~ dÞ thence North 85 degrees 51' 09" East, a distance of :.'~ .=l 110.55 feet; thence South 00 degrees 38' 25" East, a :;.¡¡, ry distance of 93.05 feet to the said North right-of-way ;;.¡ line of State Road No. 806; thence South 89 degrees "'f' 22' 08" West, along said North right-of-way line, a !:;. '-:¿,. :..-~ distance of 377.00 feet to the said POINT OF ":: BEGINNING¡ f't ':1 ~_;f. AND '':f, hi ~~:; The East 100.00 feet lying West of and parallel with 1:~ , . ~ the East line of the West 1/4 of the Northeast 1/4 of "- 'j the Southeast 1/4 of Section 13, Township 46 South, ::ï Range 42 East, AND the North 170.00 feet óf that part of the West Quarter (W 1/4) of the Northeast Quarter ' . (NE 1/4) of the Southeast Quarter (SE 1/4) and the .. East Quarter (E 1/4) of the Northwest Quarter (NW ~ '* 1/4) of the Southeast Quarter (SE 1/4), all in "·'i Section 13, Township 46 South, Range 42 East, Palm .. Beach County, Florida, lying North of State Road No. . , S-806 (West Delray Road) , as recorded in Road Plat . Book 3, Page 27, Public Records of Palm Beach County, " Florida. LESS right-of-way for Lake Worth Drainage District. '. -~ Containing 13.9 acres, more or less. ,'~ o,T The subject property is located on the north side of ~1 West Atlantic Avenue, lying east of and adjacent to , . the Carver Middle School site¡ containing 18.10 . " acres, more or less. ,. - 3 - Ord. No. 43-95 .- . , , I ," ( ¡ -:,,; .r ~i ~~ . - -~ ... ,. ... .. f~ Section 2. That the boundaries of the City of Delray Beach, ~..). Florida, are hereby redefined to include therein the above-described _... _e parcels and said land is hereby declared to be wi thin the corporate ;~ limits of the City of Delray Beach, Florida. ~... .... 7:; ;"-'" -"." Section 3. That Chapter Two of the Land Development ~ ~.-~ Regulations has been followed in the establishment of a zoning ?:: i:.... classification in this ordinance and the tract of land hereinabove ~t described as Parcel "A" is hereby declared to be in Zoning District .~:;.' RM-6 (Medium Density Residential - 6 du/ac) as defined by existing ~ ordinances of the City of Delray Beach. 7:1 .:..... ,lit" 'i: ."Ji ,"" Section 4 . That Chapter Two of the Land Development ...~ -tt. ~ë. Regulations . has been followed in the establishment of a zoning _:::$ Ü> classification in this ordinance and the tract of land hereinabove .~ ~ described as Parcel liB" is hereby declared to be in Zoning District RM (Medium Density Residential) as defined by existing ordinances of the ,:$ ~~ City of Delray Beach. -j' ¥. Section 5. That the land hereinabove described shall è'" :.~' immediately become subject to all of the franchises, privileges, .:;... .-.... ~~. immunities, debts, obligations, liabilities, ordinances and laws to ;.~ which lands in the City of De1ray Beach are now or may be subjected, ~ ;',j. including the Stormwater Management Assessment levied by the City ::t :17 pursuant to its ordinances and as required by Florida Statutes Chapter !Z ~2\; 197, and persons residing thereon shall be deemed citizens of the City ;¡...~ . of Delray Beach, Florida. ". Section 6. That this annexation of the subject property, including adjacent roads, alleys, or the like, if any, shall not be H deemed acceptance by the City of any maintenance responsibility for such roads, alleys, or the like, unless otherwise specifically initiated by the City pursuant to current requirements and conditions. - - , Section 7. That all ordinances or part s of ordinances in ,- conflict herewith be, and the same are hereby repealed. -- i '-', Section 8. 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. 43-95 " " . . ' " !' I -" . - '... \ \ i ;~: :..,.... -.. ~!- ,y . , ..- Section 9. That this ordinance shall become effective as ,-~ follows: As to annexation, immediately upon passage on second and final reading; as to zoning, immediately upon the effective date of , - Ordinance No. 44-95, under which an official land use designation of Medium Density Residential is affixed to the subject property hereinabove described. PASSED AND ADOPTED in regular session on second and final reading on this the 5th day of September , 1995. ATTEST: ~~~ OkvfYJ<tp¿/' )¡WI5) IIrh-iy ity Cle k First Reading . Auqust 8, 1995 Second Reading September 5, 1995 ,. -- - .- " : ~; 'ji; ~. "':z. " - " ,- 1 - .-' .. - 5 - Ord. No. 43-95 .. . , '. " . - ;: ¡ FRANCES DRIVE FRANCES DRIVE w u 1/ « -' 0 Q. « ELLWOOD OR. ') 0 ~ a::: ILl--- r; 0 0 z ~ I--- X ~ MAURICE DRIVE e: '---' FRANWOOD DRIVE / rAMAl L-.J3 ,\ \ \ I I JJJ ..,jR 7-D -;::. f'~ lJ\ 2ND ~ :::::~ t-r--- ~( /fr ~ l /' ~~~ r;:: I . ND C~ £. -::- // -;;/ ~\\)\)\; tv.w. 211D 51. 1iíì rn ::::: -;;~ -;;~ ð ~OO\.. T ~U[ SC ::::: ~// --3= ~// a::: t'rft. ~(f'r-- ~ ð:::::/ :I: ~ ~ G://' NW 'WJ{ I vv /,/ ::::: r::: ~ ¡:::::::: 100 k CUN CWO RESTAU1IAH"l I N W 1 S1 m NSTONE O'RiVE- "--4 j ATLANTIC AVENUE S . R . 806 ) , SHERWOOD ~ 0 \ / ~OO\) ~ / N~ \ s\"\ <ë.~ ,.-- ~ ~" ) j ~c¿,.S\ ~~~. r ~O ~ 0 / I - 1- / - ~ ~ ---- II " - ~ ¿ - ~ ~-- - I / - ---< N JONES PROPERTY - PLAJJNINC OEPAA I1A[NT ANNEXATION Clrv Dr D[U,-.y B["01, FL -- OIc/rAL BASC UAP SYSTCM -- . ' ~ CITY COMMISSIOÑ DOCUMENTATION TO: ID T. HARDEN, CITY MANAGER THRU: DIA D:M~Uw~ DEPARTMENT OF PLANNING A ZO NG ð FROM: Y A. COSTEllO R PLANNER SUBJECT: MEETING OF AUGUST 1, 1995 ANNEXATION WITH INITIAL ZONING OF RM-6 (MEDIUM DENSITY RESIDENTIAL - 6 DUlAC) AND RM (MEDIUM DENSITY RESIDENTIAL) FOR A PARCEL OF LAND lOCATED ON THE NORTH SIDE OF WEST ATLANTIC AVENUE. BETWEEN BARWICK ROAD AND HAMLET DRIVE (JONES PROPERTY). ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval on first reading of an ordinance annexing an 18.10 acre parcel of land, with initial zoning of RM-6 (Medium Density Residential - 6 du/ac), in part, and RM (Medium Density Residential). The subject property is located on the north side West Atlantic Avenue, between Barwick Road and Hamlet Drive. BACKGROUND: At its meeting of April 17, 1995, the Planning and Zoning Board recommended approval of a FlUM amendment for the subject property from County MR-5 and HR-8 to City Medium Density Residential 5-12 du/ac. The applicant's attorney requested that action on the annexation and zoning be postponed in order to better address issues of maximum density and compatibility with adjacent areas. On April 18th, the City Commission approved the transmittal of the FlUM amendment to DCA (Department of Community Affairs) for review. There were no comments made by DCA with regard to the associated FlUM amendment, and it is scheduled for first reading at the August 1st City Commission meeting. . ' City Commission Documentation Annexation with Initial Zoning of RM-6 and RM Page 2 On July 6, 1995, the applicant submitted a request to schedule the annexation for the Planning and Zoning Board's meeting of July 17, 1995 with the initial zoning designations of RM-6, in part and RM-12. At its worksession meeting on July 10th, the Board discussed the proposed zoning designations, The consensus of the Board was that the RM-6 should be applied to a 100 foot wide area along the north and east property lines and that the balance of the property should be zoned RM without a suffix. (The 100 foot area along the north property line would be measured from the ultimate right-of-way line of the L-33 Canal as indicated on the survey prepared by Caulfield & Wheeler, Inc. and revised on 3/16/95). The Board felt that it is inappropriate to affix the maximum density allowed under the RM zoning at 12 units/acre at this time, and that it should be addressed at the time of site plan approval. Subsequently, the applicant revised the application to request RM-6 zoning in part and RM for the remainder. Additional background and an analysis of the request is found in the attached Planning and Zoning Board Staff Report. PLANNING AND ZONING BOARD CONSIDERATION: At its meeting of July 17, 1995, the Planning and Zoning Board held a public hearing in conjunction with review of the annexation request with initial zoning of RM-6, in part and RM. There was no public testimony in opposition to the request. The Board voted 6-0 (Young absent) to recommend that the request be approved. RECOMMENDED ACTION: By motion, approve on first reading the ordinance annexing the Jones property with initial zoning of RM-6 and RM, and setting a public hearing date of August 15, 1995. Attachments: 0 P & Z Staff Report and Documentation of July 17,1995 0 Ordinance by Others S:CCJONES.DOC . ' "' 'PLANNING AND ZONING BOARD . , CITY OF DELRAY BEACH --- STAFF REPORT --- MEETING DATE: July 17, 1995 AGENDA ITEM: V.C. ITEM: Annexation & Initial Zoning of RM-12 in Part, and RH-6 in Part for the Jones Property. ct$-.ø- ....\f;)tÞ- s&rP- GENERAL DATA: Owner......m...............................................m............................. Patricia M. Jones Contract Purchaser.......................m.......................................... CG Land, Inc. Agent.......................................................................................... Joseph S. T org Joseph S. Torg and Company, Inc. Location...................................................................................... North side of West Atlantic Avenue, between Barwick Road and Hamlet Drive. Property Size................................m.......................m................. 18.10 Acres Existing County Land Use Map Designation...............................MR-5 (Medium Density Residential) and HR-8 (High Density Residential). Proposed City Land Use Map Designation................................. Medium Density Residential 5-12 dulac (CPA 95-1) Existing County Zoning Designations......................................... CN (Neighborhood Commercial) and AR (Agricultural Residential) Proposed City Zoning Designations........................................... RM-6 (Medium Density Residential - 6 dulac) and RM (Medium Density Residential) Adjacent Zoning................................................................North: County RS (Single Family Residential) East: City PRD (Planned Residential Development) and County AR (Agricultural Residential) South: City POC (Planned Office Center), R-1-A (Single Family Residential), and OSR (Open Space and Recreational) West: City CF (Community Facilities) Existing land Use,......................................,............................,. Primarily vacant land with 3 residential structures and 2 multi-bay garages, Proposed land Use...,.................................... ....,......................Maximum development potential of a 191-unit residential development. Water Service, ................... . . . . . . . . . . . . . . . . . . . . ..... ........ ....... Available via connection to the 14" waler main along the north side of Atlantic Avenue, Sewer Service.. ... Available via connection to the existing lift station to the east, at the southwest corner of the Windy Creek/Hanover Square subdivision. V.C. . , . I:::::::::::::::::::::::::::,:::::,::::':::::::::::::::::::::::::::::,:::::::::::::::::::::::,:::::::::::::::::I,:,œ:,§::::M":,':::::::§:::i:::ft,::I:':i":':§t::::::œ:::I:::§:'::::::::I,::I::I::'i:':"Çì:::,::::::::;::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::1 The item before the Board is that of making a recommendation on a voluntary annexation (pursuant to Florida Statute 171.044) and' initial zoning of RM-6 (Medium Density Residential - 6 du/ac) in part and RM (Medium Density Residential - 12 du/ac) in part. LOR Sections 2.4.5 (C) and (D) provide rules and procedures for the processing of this petition. The subject property is located on the north side of Atlantic Avenue, between Barwick Road and Hamlet Drive. The property under consideration is an unplatted parcel comprised of 18.10 acres. The property is currently under Palm Beach County jurisdiction and is located within the City's planning and service area. With the adoption of the City's Comprehensive Plan in 1989, the City's "advisory" land use designation of the property was changed from SF (Single Family Residential) and MF-L (Multi-Family - Low Density) to Transitional. On February 3, 1995, an application was submitted to annex the property into the City with a RM (Medium Density Residential) zoning designation. In addition to the annexation and initial zoning request, a Future Land Use Map amendment for the property is being processed concurrently as part of the City's annual Comprehensive Plan Amendment 95-1 which represents a change from County MR-5 (Medium Residential - 5 du/ac) and HR-8 (High Residential - 8 du/ac) to City MDR (Medium Density Residential 5-12 du/ac). At its meeting of April 17, 1995, the Planning and Zoning Board recommended approval of the FLUM amendment, however, the applicant's attorney requested that action on the annexation be postponed. On April 18th, the City Commission approved the transmittal of the FLUM amendment to DCA (Department of Community Affairs) for review. There were no comments made by DCA with regard to the associated FLUM amendment. On July 6, 1995, the applicant submitted a request to schedule the annexation for the Board's meeting of July 17, 1995 with the initial zoning designations of RM-6, in part and RM-12. At its worksession meeting on July 10th, the Board discussed the proposed zoning designations as well as the application of the RM-6 only along the east property line of the development. The consensus of the Board was that the RM-6 should be applied to a 100 foot wide area along the . P & Z Board Staff Report Jones Property - Voluntary Annexation and Initial Zoning Page 2 north and east property lines and that the balance of the property should be zoned RM without a suffix. (The 100 foot area along the north property line would be measured from the ultimate right-of-way line of the L-33 Canal as indicated on the survey prepared by Caulfield & Wheeler, Inc. and revised on 3/16/95). The Board feels it is inappropriate to affix the maximum density allowed under the RM zoning (12 units/acre) at this time and that it should be addressed at the time of site plan approval. Subsequently, the applicant revised the application to request RM-6 zoning in part and RM, thus removing the 12 suffix. This request is now before the Board for action. In addition, the Board will take action on acceptance of the FLUM amendment in conjunction with Comprehensive Plan Amendment 95-1. The subject property is an 18.10 acre parcel which is primarily vacant land with three residential structures (currently vacant), 2 multi-bay garages, and a man- made lake located on the southern portion of the property. The southwest portion of the property containing the residential structures (2.7 acres) is currently zoned County CN (Neighborhood Commercial) and the balance is zoned County AR (Agricultural Residential). The proposed City zoning will be RM-6 (Medium Density Residential - 6 du/ac), in part,' and RM (Medium Density Residential), in part. The RM-6 zoning designation is to be applied to a 100 foot wide area along the north and east sides of the property (approximately 4.2 acres) with the balance to be zoned RM (13.9 acres). (The 100 foot area along the north property line is to be measured from the ultimate right-of-way line of the L-33 Canal as indicated on the survey prepared by Caulfield & Wheeler, Inc. and revised on 3/16/95). '~iîI~j¡~l:::::::¡::::~::¡~~~¡:~:::!j::¡::::t:::::::¡!~!¡:¡¡¡~¡¡¡:¡::¡::~~¡!::::~:I!:I::M:::I~:¡I¡¡I:~I~~I.~:M¡D.lIjMfIU!¡tffj§~Î1:1::::¡l¡¡~:~:¡¡~ílf.jlW.;.'!I~~i¡\~i~ Florida Statutes Governing Voluntary Annexations: Pursuant to Florida Statute 171.044 "the owner or owners of real properties in an unincorporated area of the County, which is contiguous to a municipality and reasonably compact may petition the governing body of said municipality that said property be annexed to the municipality". Pursuant to F.S. 171.044 (5) "land shall not be annexed through voluntary annexation when such annexation results in the creation of enclaves". 0 The property is contiguous with the City, reasonably compact, and its annexation will not create an enclave. The annexation of this property will leave an unincorporated 1.3 acre parcel along Atlantic Avenue (east of . ' "' P & Z Board Staff Report Jones Property - Voluntary Annexation and Initial Zoning Page 3 the site). Under F.S. 171.031(13)(b), the amended definition of an enclave includes areas which are surrounded by the municipality and a man-made barrier (LWDD L-33 Canal) which limits the property to access through the City. Under this definition, the subject property and the remaining 1.3 acre parcel are an existing enclave. Thus, this annexation will reduce this existing County enclave area. Land Development Regulations Governing Annexations: Pursuant to the Land Development Regulations Section 2.4.5 (C)(1) "the owner of land may seek the annexation of contiguous property, under his ownership" pursuant to Florida Statutes. This is a voluntary petition by the property owner. "':" ,~J.t¡l~ií.¡r.lltl.¡I~œgf,I¡~III~¡~11~1¡~If.,tlf.II"~..~I·:::lil.'.tl~.¡~ CONSISTENCY BETWEEN THE CITY AND COUNTY LAND USE MAP DESIGNATIONS: In conjunction with this annexation petition, a Future Land Use Map amendment for this property is being processed. The proposed City Future Land Use Map designation for the property is Medium Density Residential 5-12 du/ac (MDR). The existing County Land Use designation for the property is MR-5 (Medium Density Residential - 5 du/ac) and HR-8 (High Density Residential- 8 du/ac). As outlined in the FLUM amendment staff report of April 17, 1995, the proposed City MOR land use designation is consistent with the existing County MR-5 and HR-8 land use designations. However, within that staff report it was identified that in order to obtain compatibility with the adjacent low density residential subdivisions that a suffix of 8 units per acre be applied to the property. The applicant has since amended the annexation request to apply a lower density zoning of RM-6 to the adjacent to the single family subdivisions to the north and east. ADJACENT LAND USE MAP DESIGNATIONS AND LAND USES: The Land Use Map designation to the north is Palm Beach County RS (Single Family Residential) [with an advisory City designation of LOR (Low Density Residential 0-5 du/ac)]; South is City Transitional, Recreation & Open Space, and LDR; East is County C/5 (with an advisory City designation of Transitional), and City LOR; and, to the west is City CF (Community Facilities). . , P & Z Board Staff Report Jones Property - Voluntary Annexation and Initial Zoning Page 4 The existing Land ~ are: to the north, a single family residential subdivision with a density of 1 unit per acre (Kingsland subdivision); south is a restaurant (Rod & Gun Restaurant) and a golf and country club community developed at density of 1.2 units per acre (The Hamlet Golf Club); to the east is a single family zero lot line subdivision developed at 4.7 units per acre (Windy Creek/Hanover Square), and a vacant 1.3 acre parcel of land; and, to the west is Carver Middle School, with a gopher tortoise preserve at the northeast comer of the school site, abutting the subject property. CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN: Designated Annexation Area: The territory to be annexed is located within "designated annexation area NO.4" east of Military Trail, north of Atlantic Avenue. Annexation of the territory is consistent with Policy B-3.4 of the Future Land Use Element, which calls for annexation of eligible properties. Provision of Services: When annexation of property occurs, services are to be provided in a manner which is consistent with services provided to other similar properties already in the City (Future Land Use Policy B-3.1). The following is a discussion of required services and the manner in which they will be provided. Police: This property is currently serviced by the Palm Beach County Sheriff's Office, located at 345 South Congress, which serves the South County area. The property lies within Sheriff patrol zone 4. Zone 4 is bordered by EI Clair Ranch Road on the west, the Atlantic Ocean on the east, Boynton Beach on the north, and Atlantic Avenue to the south. One officer is assigned to a particular zone during a shift (three shifts per day). Additional response can be mustered from "Cover Cars" which roam throughout zones randomly, depending on their availability in South County during that time. The City of Delray Beach's Police Department has 14 cars per shift patrolling a 15 square mile area; and, as a consequence, significantly improved response time should be realized. Annexation will not require additional manpower, as the police currently pass the property while patrolling areas of the City to the north and south of the property. Fire and Emergency Services: The annexation of this property will not require additional manpower. The municipal area is served by Fire Station No. 4 (Barwick & Lake Ida Roads). With annexation, the property will receive an improvement in response time from the current 7 minutes of the County Fire Department (Indian Springs/Military Trail P & Z Board Staff Report Jones Property - Voluntary Annexation and Initial Zoning Page 6 Solid Waste: As there is no change in actual land use, there is no impact on solid waste disposal. The service provider will remain the same, as described later in this report. Financial Impacts: Effect Upon Annexed Property: For the 1994 tax year the Jones property had an assessed value of $1,017,803.00. A homestead exemption of $25,000.00 has been granted for the property. After the above exemption, the current taxable value of the property is $992,803.00. With the change from County to City jurisdiction, the following taxes and rates will be affected: Ad Valorem Taxes Millage With Annexation Fire/Rescue MSTU 2.5539 Deleted (County) Library .4437 Deleted (County) City Of Delray Beach 6.8800 Added (City) City of Delray Beach Debt 1.0700 Added (City) --- 4.9524 Difference* * Total tax millage in the County is 20.1501 mills while inthe City the 'total millage rate is 25.1020 mills. The current yearly ad valorem taxes are $20,005.08. With annexation the yearly ad valorem taxes will be $25,548.89 (which includes the elimination of the homestead exemption associated with development); a tax difference of $5,543.81. In addition to property taxes, the following Non Ad Valorem fiscal impositions apply: Delray Beach Storm Water Utility - This equates to $105.00 a year based upon the combined impervious area for the existing structures. This assessment will increase with future development based upon a percentage of impervious area of the buildings and parking areas. A 25% discount from the assessment is available as the site is within the Lake Worth Drainage District and an additional 25% discount may be available if drainage is retained on-site. Solid Waste Authority - The property is currently serviced by County Sanitation, which is under a five year contract that runs from October 1, 1993 through September 30, 1998. The City's contract is currently through Waste Management, Inc. Pursuant to Florida Statute 171.062 (4)(a) "if a party has an . , P & Z Board Staff Report Jones Property - Voluntary Annexation and Initial Zoning Page 7 exclusive franchise which is in effect for at least six months prior to the initiation of an annexation, the franchisee may continue to provide such services to the annexed area for five years or the remainder of the franC?hise term whichever is shorter". As the annexation was not initiated within the six month time period, the waste service provider will not change with annexation. Occupational License Fees - As the property is residential in nature, an occupational license will not be required. Thus, there will be no change in occupation license fees. Water/Sewer Rates - The Jones property is not currently served by municipal water. Typically, properties not located within the City that receive City water and sewer service are assessed an Out-ot-City surcharge. Under that scenario, annexation of properties receiving municipal water would see a 25% reduction in water and sewer rates. Resulting Impacts to Property Owner: FINANCIAL CONSIDERATIONS: AD VALOREM TAXES +$ 5,543.81 (Change from 94/95 county ot 20.1501 to City 94/95 rate 25.1020 mills.(4.9524 NON AD VALOREM Stormwater Assessment +$105.00 Solid Waste Collection $.00 WATER & SEWER UTILITY FEES $.00 OCCUPATIONAL LICENSE FEES $.00 ANNUAL FINANCIAL IMPACT: +$ 5,648.81 · NA - Data not available . . P & Z Board Staff Report Jones Property - Voluntary Annexation and Initial Zoning Page 8 SERVICE CONSIDERATIONS: FIRE RESPONSE + Faster response time from (estimated time) 7.0 minutes (County) to 2.5 minutes (City) EMS + Faster response time from (estimated time) 7.0 minutes (County) to 2.5 minutes (City) POLICE + Better response based upon more officers in field. CODE ENFORCEMENT + Pro-active vs reactive opportunity to work with property owners Fiscal Impacts to the City: At the 1995 City operating millage rate of 6.88 mills and debt rate of 1.07 mills, the property will generate approximately $8,091.53 in ad valorem taxes per year. Additional revenues will be realized through the annual collection of the stormwater assessment fee as well as utility taxes (9.5% electric, 7% telephone) and franchise fees on electric, telephone, and cable with future residential development. In addition to utility and franchise fees, the City receives per capita reimbursements based upon municipal population. The major sources of per capita revenue are sales tax, cigarette tax and state revenue sharing. The current per capita rate is approximately $78.66 per person. The existing residential-structures will generate approximately $393.30 in additional per capita reimbursements. With future development of residential property additional revenues will be realized. .[i4,i1tjii~~~1j~f¡~~~~¡~¡fi:¡*~¡:¡¡:~r¡::~¡:~¡¡¡::::~l¡:~*~:~¡~i~¡i¡miil!I!I~lil~~fìlfí'lml~~:~::,:~.@l1J.lli~Î¡i~iI_11_4. The proposed City zoning designations are RM-6 (Medium Density Residential - 6 du/ac) and RM (Medium Density Residential - 12 du/ac). The current County zoning designations are AR (Agricultural Residential) and CN (Neighborhood Commercial). The surrounding zoning designations are: County RS (Single Family to the north, across the L-33 Canal; City PRD (Planned Residential Development) and County AR (Agricultural Residential) to the east; City POC (Planned Office Center), . , . P & Z Board Staff Report Jones Property - Voluntary Annexation and Initial Zoning Page 9 R -1-A (Single Family Residential) and OSR (Open Space and Recreational), to the south; and, City CF (Community Facilities) to the west. R E Q U IRE D FIN D I N G S: (CHAPTER 3) Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the Staff Report or Minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the following four areas: FUTURE LAND USE MAP: The use or structures must be allowed in the zoning district and the zoning district must be consistent with the land use designation. The proposed RM-6 and RM zoning designations are consistent with the proposed Medium Density Residential 5-12 du/ac land use designation. The proposed multiple family development is allowed as a permitted use within both the RM-6 and RM zoning districts. Based upon the above, positive findings can be made with respect to consistency with the Future Land Use Map. CONCURRENCY: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. The proposal involves the annexation of primarily vacant land with the exception of 3 residential structures, 2 multi-bay garages and a man-made lake on the south portion of the property. There will be no changes in the manner that water, sewer, drainage, streets/traffic and solid waste services will be provided. Fire, EMS and Police will shift to a different provider; however, all of these services will be equal to or enhanced (see annexation analysis for details). COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: The property is primarily vacant land with 3 residential structures and 2 multi-bay garages. The existing residences are allowed under the proposed RM-6 and RM zoning districts. With review of the annexation request, a site visit was conducted and did not reveal any code violations. Any future development will be required to comply with all Land Development Regulations. In order to accommodate lower density units along the north and east borders, it may be necessary to amend the Land Development Regulations. . , . P & Z Board Staff Report Jones Property - Voluntary Annexation and Initial Zoning Page 10 CONSISTENCY: Compliance with the peñormance standards set forth in Section 3.3.2 (Standards for Rezoning Actions), along with the required findings in Section 2.4.5 (Rezoning Findings), shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. Comprehensive Plan Policies: A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objectives and policies were found. Conservation Element Policy B-2.2: Whenever and wherever significant or sensitive flora and fauna communities are identified pursuant to Policy B- 2.1, they shall be preserved as if they were environmentally sensitive areas as identified in Objective 8-1. A biological survey has been submitted indicating that 8 gopher tortoise burrows are located on the northern half of the property, however, only 2 of those burrows were determined to be lIactive". The survey has been transmitted to the Department of Environmental Protection for review, however, a response has not yet been received. Mitigation measures may need to be taken to retain the burrows on site or the tortoises must be relocated in compliance with DEP standards. This item will be further reviewed at the time of site and development plan review. Housing Element Policy C-2.4: Development of remaining vacant properties which are zoned for residential purposes shall be developed in a manner which is consistent with adjacent development regardless of zoning designations. These policies shall be implemented through the review process associated with platting and site plan and shall be effective immediately. This policy will be further reviewed at the time of site and development plan review. However, it is noted that the adjacent residential developments to the north and south are developed at 1 unit per acre and the abutting residential development to the east has a density of 4.7 units per acre. The following are the densities of the surrounding residential developments within a 2,000 foot radius of the subject property: . , P & Z Board Staff Report Jones Property - Voluntary Annexation and Initial Zoning Page 11 Subdivision units/acre High Point 8.0 du/ac Homewood Lakes 6.0 du/ac Sherwood Forest 2.0 du/ac Highland Trailer Park 7.7 du/ac Sunset Pines 7.6 du/ac Franwood Pines 3.0 du/ac Kingsland Pines 3.0 du/ac Development of the property should be reasonably consistent with the character of the surrounding residential developments. The current development potential of the property under the County's land use designations (MR-5 and HR-8) is 82 units or 4.5 units per acre. Under the proposed RM-6 (4.2 acres) and RM (13.9 acres) zoning districts a maximum of 191 units or 10.5 units per acre could be developed on the property . In order to maintain some consistency with adjacent developments, the RM-6 zoning designation is to be applied adjacent to the existing single family developments (north and east property lines). It appears appropriate to apply a higher density on the balance of the property as it is adjacent to a restaurant (to the south) and the middle school (to the west). Land Use Element Objective A-1: Vacant property shall be developed in a manner so that the future use and intensity is appropriate in terms of soil, topographic, and other applicable physical con~iderations, is complementary to adjacent uses, and fulfills remaining land use needs. As stated under Housing Element Policy C-2A, the property should be developed in a manner that will be complementary to the adjacent residential developments. The development of this property will fulfill the need for medium density residential development and lower density dwellings. The tortoise burrows may be negatively impacted by the development of the site. However, as the property consists of 18.10 acres and is primarily vacant, mitigation measures including possible relocation can be easily accommodated to avoid negatively impacting the burrows. Section 3.3.2 (Standards for Rezoning Actions): Standard Band C is not applicable with respect to this rezoning request. The applicable performance standards of Section 3.3.2 are as follows: A) That a rezoning to other than CF within stable residential areas shall be denied. . , P & Z Board Staff Report Jones Property - Voluntary Annexation and Initial Zoning Page 12 The property is designated vacant residential on the Neighborhood Categorization Map. However, the properties to the east and south are noted as stable residential. The rezoning is required in conjunction with the annexation request. The proposed RM-6 and RM zoning designations will be consistent with the proposed MDR land use map designation. D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. The initial RM-6 and RM zoning designation will accommodate the existing residential use as a permitted use. The application of the RM-6 zoning along (north and east property lines) will ensure a more compatible density adjacent to the single family subdivisions. The RM zoning will abut a restaurant on the south and a middle school with a tortoise preserve on the west. Compatibility of a specific development proposal with the adjacent developments will be appropriately addressed with review of a site and development plan request. Section 2.4.5(D)(5) (Rezoning Findings): Pursuant to Section 2.4.5(D)(5), in addition to the provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: a. That the zoning had previously been changed, or was originally established, in error; b. That there has been a change in circumstances which make the current zoning inappropriate; c. That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. The applicant has submitted a justification statement which states the following: . , '" P & Z Board Staff Report Jones Property - Voluntary Annexation and Initial Zoning Page 13 "There has been a change in circumstances. The applicant is applying for annexation of this property into the City. The annexation requires that the applicant apply for an appropriate zoning designation." Comment: The justification statement addresses Item "b" as the basis for which the rezoning should be granted, however, Item "c" is also applicable. The property is in the unincorporated area of Palm Beach County, however, it is within the City of Delray' Beach reserve annexation area. The requested zoning designations are of similar intensity as that allowed under the proposed City Medium Density Residential 5-12 du/ac and the existing County MR-5 and HR-8 land use designations. The requested RM-6 and RM zoning designations are more appropriate for the property than the current County zoning designations of AR (Agricultural Residential) and CN (Neighborhood Commercial) given the surrounding residential developments. g~r~~~~¡¡¡¡~¡~¡~~¡~¡¡¡¡~~!~~~¡~~~~¡~ti~¡!:~¡~f~~~¡¡¡¡~¡¡~~¡~~~¡~~~¡¡¡~::~S!~I~!~I¡:¡I:¡¡9:~rI:¡¡¡~~~~~I~11¡¡¡~ril¡I~If,lltÎJ1{~I~'ÆI~t~~~~~~w.lir~i1~1~~ff~j¡~i~~~~~!¡~~~~~~¡ The subject property is not in a geographical area requiring review by the CRA (Community Redevelopment Agency), DDA (Downtown Development Authority) or the HPB (Historic Preservation Board). lake Worth Drainage District Lake Worth Drainage District reviewed the annexation request and indicated that with any future development, additional right-ot-way tor the L-33 Canal (along north property line) will be required. Palm Beach County Notice Palm Beach County Planning Division as well as applicable departments reviewed the annexation request and had no objections. IPARC Notice Notice ot the Land Use Map Amendment was also provided to the Interlocal Plan Amendment Review Committee (IPARC) which distributes the information to adjacent municipalities. IPARC had no objections to the FLUM amendment. Courtesy Notice Courtesy notices were sent to the following homeowner's and civic associations: . ' P & Z Board Staff Report Jones Property - Voluntary Annexation and Initial Zoning Page 14 0 Greensward Village Condominium Association (within The Hamlet development) 0 Hamlet Residents Association 0 Hanover Square Homeowners Association 0 High Point Condominium Association 0 Highland Trailer Park 0 PROD (Progressive Residents of Delray) 0 Sunset Pines Homeowners Association 0 United Property Owners 0 Windy Creek Homeowners Association 0 Wood/ake Homeowners Association Public Notice Formal public notice has been provided to all property owners within a 500 foot radius of the subject property. Letters of objection, if any, will be presented at the Planning and Zoning Board meeting. w.l~I~¡j~1j~¡~j~~j~j~~jjîj¡~¡~¡jm¡¡¡¡¡¡¡jj~¡~I¡~¡ï[i¡ï¡[j§~[lj¡¡ï:jjM:~~§~jff.Jï~i,;jj~I~llj¡¡~[¡jjl¡j¡IJIJII¡~1LI~tí.ltl~lJi~tjì~1~i~~~1~¡lt1ijf Accommodating the annexation of this property and affixing an initial City zoning designation of RM-6 and RM is consistent with the City's program for annexation of territory within its Planning and Service Area. The annexation is also consistent with the State's policy under ELMS III legislation to eliminate enclaves and promote annexation into the most appropriate municipality and service provider. The annexation will provide the property with better Police, Fire, EMS and Code Enforcement services. The property will experience an increase in taxes and stormwater assessment fees. The City will receive additional revenue from property taxes, stormwater assessment fees, and per capita revenues, which will result in a net increase to the City of approximately $8,589.83 a year. In addition, revenues will be received from utility taxes and franchise fees. The application of the RM-6 zoning designation adjacent to the single family subdivisions to the north and east should ensure compatibility with respect to density. Applying the RM zoning designation to the balance appears to be appropriate given its proximity to the restaurant (to the south) and the middle school (to the west). If the annexation is approved, it is anticipated that a site . P & Z Board Staff Report Jones Property - Voluntary Annexation and Initial Zoning Page 15 and development plan submittal will follow. Compatibility of the proposed development with respect to design will be further addressed at that time. ii,i~i:i:¡¡¡¡¡¡¡~¡I¡¡¡f¡f¡¡¡f¡]¡f¡¡¡j¡¡i:i:i:¡f¡¡¡¡¡¡¡¡¡¡¡i:¡¡¡¡:¡¡¡¡¡j¡¡¡¡¡¡¡¡¡¡¡¡:¡¡¡¡¡¡¡¡¡¡lj¡:g;¡¡;¡¡¡I¡¡¡Jj¡:¡Î:¡¡I:¡if.J¡¡¡IU¡:§*!i,¡¡¡I¡:¡I¡¡Ii:¡I¡i:I~¡I¡¡f§¡¡¡¡¡¡¡~~i~¡¡¡¡¡¡¡¡~¡¡~ii:¡~¡¡¡¡¡¡i¡¡¡~~i.1~~!I~¡i:i:~:\1i:~lli¡ A. Continue with direction. B. Recommend approval of the annexation with initial zoning designation of RM-6 and RM (Medium Density Residential). C. Recommend denial of the annexation with initial zoning of RM with the basis stated. ." ·:·~::~~\¡¡¡fi:¡~!¡l~¡¡¡¡:~I¡¡;~M¡f¡¡¡¡¡:¡:t¡M¡fI¡¡¡i:§¡¡Ill¡¡I¡I~~:::¡I!mt~lI~tlll!I\II~Î~.Tì.lïBill~.:,t~ ,::'::':_ Recommend approval of this annexation with initial zoning designations of RM-6 (Medium Density Residential - 6 units per acre) and RM (Medium Density Residential) based upon positive findings with respect to Section 3.1.1, Section 3.3.2, policies of the Comprehensive Plan, and the following: A. That the' property is contiguous, reasonably compact and does not create an enclave; and, B. That services will be provided to the property in a manner similar to other similar properties within the City. Attachments: 0 Location Map 0 Survey Staff Report prepared by: Jeff Costello. Senior Planner JC/JONESANN.DOC . ' . II~ I ~--Cj) ~~L - 6 .~W 'V -Wz , ~tli !r ~~ N - I '- ' I I ~ i " I "'·r CD i ... ~o: " i ~~ I ~ ~- ~ .. ¡Go. .. . -. ~. ~.:~ ~ ~ J j ~:; ; ~ ~ l ~ :: ~. p). ~ R M J - -. ~~ .. ...... \ ! \ w \ I VI I w .. I Z i '\ ! ä: \ '\ ~ : :;0: /\ ;! ~ . ~!î ./ « r -¡o¡ ~¡: / go & ....õ ãvo. : ~: gs ) « w r . h __P . \ ! '~-j / ~ '1 ~3 . . ... In ¡ '1 ~ -:- ~rc~ . ) . ~ at~ .:.. } ) . ~ :~g '. . to ._f" ~.. , )! . , \I ; , r ~ \ i ~ i ~ ~ 8 Q .:..~ ' ~ :,:~ ;.)0) ....,..- ,; t: "'0"/0 ~, .Ç('OU ....J 1:-, '1t ..r ;-~ J ].IO.I~,,;atl .. :> ,.1 ",~:.o...". ~'1\;' ~; r.);;;: , . , - } -- ,~ ï :!: .0:.- :;i~ :~ - -. ''''oJ .. MEMORANDUM ~~. -"- .... ~:. -", * TO: MAYOR AND CITY COMMISSIONERS ~'I'tf' ~~ CITY MANAGER øq ~ FROM: ;.~ ~ ~ In.ét. - MEETING OF SEPTEMBER 5. ..... SUBJECT: AGENDA ITEM. 1995 :J .j£- SECOND READING/PUBLIC HEARING FOR ORDINANCE NO. 44-95 .- -.;..... (ADOPTION OF COMPREHENSIVE PLAN AMENDMENT 95-1)' ~ "'.. ,... ::--,.. DATE: SEPTEMBER 1, 1995 :~ ~.~ This is ,econd~eading and public hearing for Ordinance No. 44-95 which adopts Comprehensive Plan Amendment 95-1. In addition to numerous text changes, four (4) Future Land Use Map (FLUM) amendments are included as part of Amendment 95-1. The affected properties are: (1) Blood's Hammock Groves (94.14 acres) - changing from the County's Land Use designation of MR-5 (Medium Residential - 5 units/acre) to City designations of Low Density Residential (51 acres), Medium Density Residential (29 acres), Open Space (4 acres), and Transitional (10 acres). (2) Jones Property (18.10 acres) - changing from the County's Land :~ .~~ Use designation of HR-8 (High Density - 5 to 8 units per acre) and MR-5 (Medium Density - 3 to 5 units per acre) to City designation of Medium Density Residential. -,".t ( 3 ) Northwest Area (121. 86 acres) - changing the City's Advisory Land Use designation from Rural Residential ( 1 unit per 3 acres) to Low Density (up to 5 units per acre) for 118.35 acres, and from Rural Residential to Transitional for 3.51 acres (Delray Storage site). This property is located north ~, ~:'.,. of the L-30 Canal, between Barwick Road and Military Trail. :; (4) Marina Cay (11. 11 acres) - removing the Large Scale Mixed Use -:~ ';',"- overlay designation. :"'J' '; ~ On May 2, 1995, the City Commission transmitted Amendment 95-1 to Ji the Florida Department of Community Affairs (DCA) for mandatory ~t: ~JJ: review. By letter dated June 20, 1995, DCA notified the City that ft¡ no further review was needed and the Objections, Recommendations and Comments (ORC) report was waived. ::ï; :1i ~:h '.~ The Planning and Zoning Board formally reviewed this item at public ~:i: -:"',:t:" ='1 hearing on July 17, 1995, and voted unanimously to recommend that .... ~;:f Comprehensive Plan Amendment 95-1 be adopted. At first reading on ::.~ August 8, 1995, the Commission passed the ordinance by a vote of 4 ~ to O. The text of the plan amendment is attached to the ordinance -xr. ~~ as Exhibit "A". .::..z: ~ .¡,';.. ;'.., .... of Ordinance final ..~ Recommend approval No. 44-95 on second and ~·.f~ ::~~ reading. :':-If , ~~ ref:agmem020 r~ li-O ~.¥ . , .. ·, ex. ~'\ CITY COMMISSION DOCUMENTATION TO: VID T. HARDEN, CITY MANAGER FROM: SUBJECT: MEETING OF A UST 1, 1995 ADOPTION OF COMPREHENSIVE PLAN AMENDMENT 95-1, FIRST READING ACTION REQUESTED OF THE CITY COMMISSION: The action requested of the City Commission is that of approval on first reading of an ordinance adopting Comprehensive Plan Amendment 95-1. BACKGROUND: Plan Amendment 95-1 proposes numerous text changes resulting from: * Completion of master plans for water, wastewater, storm water, and water supply systems. * The staff accommodation study. * An assessment of the impact of concrete plants on groundwater. * Changes to the future development and protection of FIND parcels. * Updates to programs for the repair of City-owned seawalls, wellfield protection, and street reconstruction. * An update of school needs, City facilities, tax rates and bonding status. * LDR amendments. * Completion of the computerized irrigation system, Tennis Center, Golf Course Clubhouse, Veterans Park, and the elementary school in the southwest. . , City Commission Documentation Adoption ofComprebensive Plan Amendment 95-1 Page 2 In addition, the Plan Amendment contains four amendments to the Future Land Use Map: · Bloods Grove: from County land use designation MR-5 (Medium Density Residential, 5 units per acre) on the entire 94 acre parcel, to City land use designations Transitional (10 acres), Medium Density Residential (29 acres), Low Density Residential (51 acres), and Open Space (4 acres). · Marina Cay: to remove the Large Scale Mixed Use designation from this 11 acre parcel. · Jones Property: from County HR-8 (High Density Residential, 8 units per acre) and MR-5 (Medium Density Residential, 5 units per acre) to City land use designation of Medium Density Residential on the 18 acre parcel. · Northwest Corner of the City: from the City advisory land use designation Rural Residential (1 unit per three acres) to the City advisory land use designation of Low Density Residential (0-5 units per acre) for 118 of the total 122 acres, and to Transitional for the remaining 4 acres. The City Commission transmitted the Amendment to the Florida Department of Community Affairs (DCA), for mandatory review, by action on May 2, 1995. That review process has been completed and DCA has notified the City, by letter of June 20, 1995, that no further review is needed and the Objections, Recommendations, and Comments report is waived. Therefore the City may proceed to adopt the Amendment. PLANNING AND ZONING BOARD RECOMMENDATION: The Planning and Zoning Board held a public hearing on July 17, 1995 to consider this item. The Board voted unanimously to recommend to the City Commission that Comprehensive Plan Amendment 95-1 be adopted as transmitted. RECOMMENDED ACTION: By motion, approve the adoption ordinance on first reading, with the appropriate public hearing scheduled for August 15, 1995. Attachments: . Draft adoption ordinance with exhibit . DCA letter of June 20, 1995 S:\sclv\comp\951 CC3 . J : " n-- c.} -;; \ z::; :ã;. - - ...... ..et it: =', .... '# ~ !l ORDINANCE NO. 44-95 ~ z.r ~ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF ;; DELRAY BEACH, FLORIDA, ADOPTING COMPREHENSIVE PLAN AMENDMENT 95-1 PURSUANT TO THE PROVISIONS OF THE ~~ -LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT :¡,-"'. REGULATION ACT", FLORIDA STATUTES .. SECTIONS 163.3161 THROUGH 163.3243, INCLUSIVE; ALL AS ï:. MORE PARTICULARLY DESCRIBED IN EXHIBIT -A" ENTITLED ,. -COMPREHENSIVE PLAN AMENDMENT 95-1- AND INCORPORATED - HEREIN BY REFERENCE; PROVIDING A SAVING CLAUSE, A . , GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. ¡ .:.j WHEREAS, the City of Delray Beach exercised the authority ~- I ,'~ granted pursuant to the provisions of Florida Statutes Sections ;.:~. 163.3161 through 163.3243, known the nLocal Government '... as Comprehensive Planning and Land Development Regulation Act"; and .;~ =..ÌF WHEREAS, via Ordinance No. 82-89, the City Commission .- adopted the document entitled "Comprehensive Plan Delray Beach, .- - ~;.(.; Floridan; and ;..;. ,. WHEREAS, the Planning and Zoning Board, as Local Planning ;j Agency, did prepare an amendment to the Comprehensive Plan entitled ·Comprehensive Plan Amendment 95-1·; and t~· :.~; WHEREAS, the Planning and Zoning Board" as Local Planning '" Agency, following due public notice, held a public hearing on April '-.... 17, 1995, in accordance with the requirements of the "Local Government - - - Comprehensive Planning and Land Development Regulation Act"; and .. .- WHEREAS, after the above referenced public hearing, the 1-~ :";: Planning and Zoning Board. as Local Planning Agency. recommended to the City Commission that the proposed Comprehensive Plan Amendment ~-~ 95-1 be transmitted; and - WHEREAS, proposed Comprehensive Plan Amendment 95-1 was .- ti submitted to and reviewed by the City Commission; and ..., ~ WHEREAS, following due public notice, the first of two .. ~.~. required public hearings on Comprehensive Plan Amendment 95-1 was held ~~ by the City Commission on May 2, 1995, at which time it was authorized -..,. to be transmitted to the Department of Community Affairs for required ~;;. review; and -- .- of Objections, Recommendations and - '7- WHEREAS, a report Comments (ORC) has been waived by the State Department of Community . . Affairs and said action has been reviewed by the Planning and Zoning -- Board, as Local Planning Agency; and , . , , , .,. ": ; (_ 1 ) ;r- ·c'" ~ ... w "~ ~"~ ~ .... - -.".. WHEREAS, following due public notice, the secçmd of two ., --. required public hearings on Comprehensive Plan Amendment 95-1 was held , on August 15, 1995, in accordance with statutory requirements. H, NOW, THEREFORE, BE IT ORDAINED 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, Florida, hereby declares its intent to exercise the authority .;.. ;.~ granted pursuant to the provisions of Florida Statutes Sections .' 163.3161 through 163.3243, inclusive, known as the "Local Government .'-~ Planning and Land Development Regulation Act". tj .. .. .. Section 2. That in implementation of its declared intent as if set forth in Section 1 of this ordinance, there is hereby adopted the ' . document entitled "Comprehensive Plan Amendment 95-1" , which is , :'1. attached hereto as Exhibit "A" and incorporated herein by reference. ~ -4 Section 3. That the document entitled ·Comprehensive Plan - ~.~ Delray Beach, Florida" is hereby amended pursuant to the document ~~. entitled ·Comprehensive Plan Amendment 95-1-. :-: .. Section 4. That should any section or provision of this "1- ,. ordinance or any portion thereof, any paragraph, sentence or word be ".'!. -..õ:; 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 all ordinances or parts of ordinances which ~.~ ....... are in conflict herewith are hereby repealed. - ::6. Section 6. That this ordinance shall become effective upon . the date a' final order is issued by the Department of Community ," Affairs finding the amendment to be in compliance in accordance with ,.' Chapter 163.3184, F.S.; or the date a final order is issued by the .:]- Administration Commission finding the amendment to be in compliance in ~. accordance with Chapter 163.3184, F.S. ~;« '"fo .¿3 PASSED AND ADOPTED in regular session on second and final -i, ~ reading on this the 5th day of sePte~ ' 1995. ~:t :.:! ~ E~ ::! i-:'j ..", .' MAY ~ A~EST: J.li ~; '1J ðm, "o/J"" I ~ 1InrA¡- .~ . .. City lerk .-, ;.:: First Reading August 8, 1995 :t ~~ .:..,;.. Second Reading September 5, 1995 ~ - 2 - Ord. No. 44-95 . ' EXHIBIT "A" CITY OF DELRAY BEACH ::::,i!¡!::,::::!:,,:mIMÎR.âÎlÎIÎSIIÎiiÎIiIØ<IM&NÎMêNÎ:ÎÎ~Î::.i,." .................. ................ .......- ....-......-.............. . ................................... .................................. .......... . ..... ". ...... .. ...................~.~.... . Location: Pg. III-A-7, Analysis Change: REVISION The FIND parcels and the City owned preservation parcel can ~ developed to provide additional access to the Intracoastal Waterway while maintaining and enhancing the character of the sites as preservation areas. continue to be maintainoå in their undevolopod and preser\(ation state; however, the City should take measures to im:ure that this is the GaSe:- Location: Pg. III-A-9, Analysis Change: DELETION ExpanEion and increased resourCOE placed into the wellfield protection program. ; Location: Pg. III-A-9, Needs and Recommendations Change: DELETION . Computerization of irrigation systems for public spaoeß at a oonvorsion cost of $50,000 a year for five years. Location: Pg. III-A-14, Policy A-3.4 Change: DELETION Policy A-3.4 An aßßossment shall be made of the impactor potentbl impact of concrete manufacturing operationE, 'Nhioh exist \\(ithin the City, upon groundv.'ater contamination. This assoEsment shall be made in FY 93/94, if not soonor. (01) (c10) . ' Location: Pg. III-A-18, Policy 8-3.3 Change: REVISION Policy 8-3.3 A program tQ ':¡hiGh ':¡iII accommodate necessary repair, replacement, and maintenance of City-owned seawalls along the Intracoastal Waterway has been implemented by Environmen~:~ S~rvices with the repair and replacement phase to be completed in ~ ea ~~. sRaII be prepared ~y the En'.'ir.enmonkll Servises Department if) !. . Page 2 . Location: Pg. III-B-4, Inventory and Analysis - Sewer Facilities Change: REVISION The City's wastewater collection system consists of approximately 90 3Q.Q miles of gravity sewer and force mains which are interconnected to three master lift stations. Location: Pg. III-B-5, Peñormance Analysis - Sewer Facilities Change: REVISION . There are approximately 500 more than 1,000 septic tanks within the planning area. Many are found in former County enclaves which were annexed in 1988. An equal amount are located in County areas which are not yet annexed. The septic tanks in these areas are located in areas which are nearly level to sloping and which are comprised of the following soil associations (please reference the background materials for the land Use Element for a complete description of soil types): · St. lucie-Urban land-Paloa Association · Palm Beach-Urban land-Canaveral Association · Quartzipsamments-Urban land-Association 4 Location: Pg. III-B-8, Peñormance Analysis - Water Distribution System, Pump Stations and Storage. Change: REVISION . Pumping Systems: The high service pumps and transfer pumps at tho water treatment plan have adequate capaoity to meet design conditions. In ordor to meet fir~ demand Fequir~ments with one pump out of service, suction piping at the south r~ser\'oir should be corrected. No improvements are currently neoessary for standby pumping. To meet level of Service II requirements. future needs 3 3,500 gpm tr3m~.fer pump should be added at the water tr-eatment plant; additional Page 3 . ' . I added at the north reservoir..; and 4,000 gpm additional pumping capacity at the south reservoir. To meet level of Service III requirements. replacement and additional pumps should be added to the Water Treatment Plant to provide a total capacity of 17,000 gpm. This improvement will be required with the completion of the southwest storage tank. · Storage Facilities: Existing storage facilities capacity of M ~ mg is adequate to meet current demand. Future needs are based upon an lOS which provides required fire storage plus 12 hours of average daily demand. Modeling shows that this equates to 11.0 mg storage. it is recommended that additional storage capacity and improved distribution of storage be provided through the addition of: of 15% of maximum flow or ð.ð mg; fire reserve at 1.5 mg; and emergency reserve at 25% of storage. This eql:Jates to 6.0 mg. This amount of stor-age is currently provided; however, it is recommended that better distribution of storage be provided through the addition of a .5 mg tank in the southeast (Miller Field), .a.2Q-1-:0 mg storage facility teAk in the southwest, and aJt5 -:á mg storage facility teAk and booster station in the north.east. The combined costs for long-term pumping and storage facilities is approximately $4.700.000 $3,000,000. · Piping Systems: The Water Distribution System Master Plan (Hazen and SawYer. 1992) identified /Ie. computer system used by Post, Buckley, Schuh, & Jernigan, Inc identified more than 45 individual segments or projects to be undertaken in order to properly accommodate demand conditions, localized fire demands, and ultimate peak hour demands. The improvements extend beyond the planning periods used in the Comprehensive Plan. The cost for the above facilities approximates $5.800.000. and for eExtending mains to unserved areas approximates $13,000,000. · Water system interconnections between the City of Delray Beach's system and the systems of Boca Raton and Boynton Beach have been provided in order to accommodate emergency situations among these communities. This need was identified in the up-date of the Comprehensive Plan in 1989; and was met by completion of system interconnections to Boca Raton, Boynton Beach and Palm Beach County. Location: Pg. III-B-9, Facility Capacity Analysis - Raw Water Supply Page 4 . . Location: Pg. 111-8-9, Facility Capacity Analysis - Raw Water Supply Change: REVISION The City's water supply is provided from 21 ~ wells in fQw: tÄfee wellfields. The eastern wellfield (11) along Dixie Highway, the Series 20 wellfield (6) just east of 1-95, aM the golf course wellfield (7). and the Morikami field (3). with future expansion to 12). The wells draw water from the Surficial aquifer. There are an additional 5 wells in the eastern wellfield which are not in production due to salt water intrusion (2) and slight increases În chlorides (3), which can be utilized for emergency standby. The design capacity of the wellfields is 49.2 mod. pursuant to the consumptive use permit issued by South Florida Water Management District (SFWMD). This capacity assumes a total of 38 wells and includes full development of the Morikami wellfield. 30 mgd. The amount of withdrawal is established by the SFWMD. through the consumptive use permit. at 22.39 mgd. SOl:lth Florida \^later Managemont Didriot (SF\^/MD). The District has limited production from ten of the eastern wells because of their impact upon salt water intrusion. In Dooombor, 1987, the SF'NMD issued a permit for the withdrawal of 15.7 mgd (23.06 mgd peak). Upon completion of the golf oourse wollfiolds in 1989, r:estrictions '-':ere lifted. The current average demand is 12.09 mod 10.94 mgd, with peak demand at 17.96 mgd 13.33 mgd. The level of service is· established at 195 gpdc (gallons per day per capita) daily average demand and at 200 gpdc peak demand. · Under existing conditions the wellfields are operating under , capacity (12.09 mgd 10.94 mgd demand, 17.96 mgd 13.33 mgd @ .. peak demand; 22.39 mgd effective 26.2 mgd capacity). · PA the ond of the first planning period (FY 94!95) tho woll fields will still 130 operating under capaci~' (14.0 mgd demand, 20.1 peak demand; 2(3.2 mgd capacity). · At build-out (year 2000), the capacity of the existing wellfields will accommodate demand (15.6 mgd 14.5 mgd demand, 23.4 mgd 24:-9 peak demand; 49.2 mgd 26.2 mgd capacity), with sufficient reserve capacity to accommodate pump failures or repair of wells. Location: Pg. 111-8-9 and 111-8-10, Performance Analysis - Raw Water Supply Change: REVISION Page 5 . , '. · The projected life of existing wells extends significantly beyond the planning period. HO\vever maintenance is cestly and recurring. The Surficial aquifer is the groundwater source for aU communities in Palm Beach County. · /\ future wellfield expansion may be necessary. Sl:Ich a necessity ·.'JiII OCCLJr only if it becomes necessary to abanEfon eastern wellfields because of salt water intmsion. SLJch an event is l:mlikely in the for-oseeable future, thLJS ther-e are no problems or opportLJnities to be addressed with respeet to expansion or relegation. · The eastern wellfield and the series 20 wellfield are located in areas where industrial activities occur. Wellfield protection zones one, two, aM three. and four impact businesses with regulated substances. Undeveloped land which is zoned industrial is located within the wellfield protection zones of the series 20 wells. · There are more than 1,000 domestic wells within the planning area. Many are found in former County enclaves which were annexed in 1988. An equal amount are located in County areas which are not yet annexed. Although many wells have high concentrations of iron and leave unappealing residues, there are no instances of unacceptable water quality, from a health regulations perspective, in the planning area. The City is programming funds to provide water service to former enclave areas which are inhabited so that service will be available to all by the end of the second planning period (Year 2000). Water service will be provided to existing County areas upon formation of assessment districts or upon annexation at which time water main extensions and connections will be required of the property owner. . · There are no major recharge areas within the Planning Area. · Tho Cit\"s ra'.\' water pumps can increase capacity through 3 rehabilit3tion of existing facilities. SLJch a progr-am is estimated to cost $J50,OOQ (PBS&,J, 'NTP M3cter Plan Update, 1989). Page 6 . , '. is r.osponsible, thoro are many capacity deficiencies. Theso doficiencies ariso from the simple fact that storm v.'ater management was not a part of development infrastructure when most of the lan~. east. of I 95 ,^,?S developod. Tho correction of poor drainage oomhtlons IS a romeehal activity ':Jhich should be undertaken by the City, The City's Engineoring Dopartment has l:JRdertaken or contracted for drainag~ pr<>jeœ in se\'er~1 ar.oas of the City. These include: -+- N. Swinton!Seacr:est J\roa (\^lantman) $ 100,000 -+- North\"..ost /\r.oa (801\.) (\^tith Outfall) $ 1,987,000 -+- Southwest Ar.ea I (R&A) $ undetermined -+- South'Nest l\rea II (Paramount) $ undetermined -+- East Central Aroa, includes CBD (BOA) $ 1,960,000 -+- Tropic Palms (City) $ 250,000 -+- Bass Creek (City) $ 150,000 -+- N.E. 8th Street (City) $ 25,000 -+- S.'/'!. 1st Avenue & 2nd Str.oet (City) $ 40,000 -+- N.W. 7th Court (City) $ 25,000 -+- Homowood (City) S 30.000 -+- $ 4,967,000 -+- The follo'::ing drainage prO:Ïects ha'Æ beon completed as of January 1, - 49Q2; -+- LO'Nson, Homewood to E 4 Canal ($ 200,000) -+- S.E. 1st Streot from U.S. 1 to IC\¥.^.' ($ 200,000) Tho City's Engineering Department has also prepared pr.oliminary 4 estimatos for improving street and drainage in those former County encla'l9s 'Nhich 'Nero annexed to the City in 1988. These include: -+- Lake Heights $ 150,000 -+- Gulfstream Estates $ 300,000 -+- Lake Ida /\r.oa $ 1,350,000 -+- N.E. Federal Highway $ 650,000 -+- Germantown !\rea $ 225,000 -+- SiI\'er Terrace !\rea $ 450,000 -+- LaMatlFeder~1 Highway Area $ 700,000 -+- Brandon Drive (\^Jindward Palms Sub) $ 110,000 -+- Lone Pine Road (unplatted sub) $ 400,000 -+- Groonbrier (VVoodvue Sub) $ 30,000 -+- Delray Shores I\rea $ -+- Miscellaneous Small Scale ProjectG S 135.000 . $ 5,690,000 Page 8 . , ,. Location: Pg. III-B-14, Inventory and Analysis - Buildings and Other Facilities Change: REVISION The buildings which are under the auspices of the City include: · City Hall on N.W. 1st Avenue · City Attorney's Office Utilities Building on N.W. 1st Avenue · Purchasing \".~ter Building on Lake Ida Road · Central Fire Station on Atlantic Avenue N)j\J 1st ÑJonue · fQw: Throe Fire substations #2, #3, aREt #4. and #5 · Environmental Services Complex PUBlic \.^.'orks Administration on S.W. 4th Street · Water Treatment Plant Administration Building on S.W. 2nd Avenue · Public Safety Building (Police) on Atlantic Avenue · City Marina Location: Pg. III-B-15, Inventory and Analysis - Buildings and Other Facilities Change: DELETION City Hall oxp:msion '.vas completed in 1 g90, ':Jhich has placed all development oriented services '::ithin a single wing and thus faGilitating thepro'lision of go·¡ernmental services. l\lthough no futur-o oxpansions are proposed, it 'f.'iII be necessary to provido additional omco spaoo for normal gro·...,th in tho administration and to accommodate programs proposed in the Comprehensive Plan. " Location: Pg. III-B-15, Inventory and Analysis - Buildings and Other Facilities Change: DELETION The Central Fir-e Station no longer provides the space anG facilities '.vhich are required for modern operations. /". now Centr-al Fir-o Station is under construction on Atlantio hlenue at N.V\!. 6th .^.venue. It has a soheduled completion date of .^.ugust, 1 gg~. Location: Pg. III-B-15, Inventory and Analysis - Buildings and Other Facilities Change: DELETION Page 9 . ,. A ne'.\', temporary, substation (#5) has been completed on Linton Boule'lar-d at Old Germanto'/.'fl Road, in the southwest portion of the oomm~mity. The permanent Fire Station #5 on this sito is currently under oonstruction and is scheduled for completion in April, 1993. Location: Pg. 111-8-15, Inventory and Analysis - 8uildings and Other Facilities Change: DELETION Pr{)gram for additional facilities: Except for feno~/ation of fire substations and relocation of the Central FiFO Station, there ar-o no plans or pr{)gr~ms for changes to City buildings and facilities exoept as provided for in individual elements of the Plan e.g. 'A'3ter treatment plant expansion (\^later sub element of Facilitios Element). Location: Pg. 111-8-16, Inventory and Analysis - 8uildings and Other Facilities Change: DELETION The following need exist: . additional office space for City Hall employoes who aro neoessary to acoommodate normal growth and the demands for flew progr-ams as reflected throughout this Plan. Location: Pg. 111-8-16, Needs and Recommendations , " Change: REVISION · The existing sewer collection and water distribution master plans need to be updated and thus take into oonsider-ation the n8\\' population and growth projections as oontained in this Comprehonsive Plan. · following tho 1990 Census, r-eexamination of futur.e \\<asto~.\'ater flo'IJs should bo oonductod in order to verify many of the assumptions ~.\'hich have gone into the population estimates and projections upon ':Ihich current projections have been made. · Continue the Undertake a program for reduction of III in the sewer collection system in order to diminish needs for City participation in sewer plant expansion costs. · Continue the Establish a program, ~Nith funding, for extending water and sewer mains to unserved, inhabited areas in the City. Page 10 . , " · Rea&so&& '.\'ater and sewer rates in light of long term capital needs and make provisions for ::1 wator and sower r-et.'enue fund bond to co':er such obligations. Location: Pg. 111-8-17, Needs and Recommendations Change: REVISION · Implement the Stormwater Master Plan to correct drainage deficiencies throughout the City. Undertake a Qi~' 'Nide dminage assessment study which will update and use Gommon assumptions and criteria of the drainage projects identified in the in\~entory and analysis. Establish priorities based upon adopted sriteria. Provide funding through a revenue bond backed by a no':' funding sourco i.e. a drainage facilitie& feo. Location: Pg. 111-8-17, Needs and Recommendations Change: DELETION · Undertake a spaco nood& study in or~er to e&timate offico roquirements for the &t3ft' of the City I\dmini&tration and determine tho best mothod& for hou&ing such staff. Location: Pg. 111-8-22, Policy A-1.3 ~ Change: REVISION Policy A-1.3 All existing septic tanks which are located in sewered eF sewer3ble areas throughout the City shall be removed from use, throughout the City pursuant to Florida Statutes Section 381.272. A program to this effect shall be preparod through the I:Jpdate of the Master Sewor Plan. I'.s a part of the Mastor Se'ller Plan Updato (Objective C 1 ), the follo'.\'ing shall be addressod: ..... an identification of critical areas shall be ..... completed; ..... :1 program for the inspection of existing septic ..... tanks shall bo in&titutod; and · existing owner& (oporators) of &eptic tanks &hall be informed of 3morti~3tion requirements. Page 11 . , '. Notwithstanding the provisions of this policy, aAny septic system deemed to have an adverse impact on the environment shall be immediately abandoned and connection made to the central sewer system (see Policy C 5.3 for related policy). (B1)(B2)(B5)(C4) Location: Pg. III-B-22, Policy A-1.4 Change: REVISION Policy A-1.4 Programming of improvements to the sewer system shall place a high priority upon the rehabilitation of portions of the original system which experience infiltration and leakage. The program includes detoction and elimination of combined sewage and storm sewers. (See Policy C 5.<1 for r.elated policy). (B5)(C1) Location: Pg. III-B-24, Objective B-2 Change: REVISION Objective B-2 Even though the City has projected an adequate water supply, it shall provide for increasing draw and the potential of reduced capacity through salt water intrusion and/or extended drought conditions through increased use of existing wells. development of new wells and development of alternative technologies and methods of providing water. as opposed to developing new '::ells, and it shall enhance the area's '.vater supply . through the development of differont methods of providing water. This objective shall be met in the performance of the following: (2b) Location: Pg. 111-B-27, Objective C-1 Change: REVISION Objective C-1 The water and sewer master plans shall be kept current through regular updates of the data and projections. Current data regar4ing the location and condition of 'Nater and sewer mains and thoir attendant distribution and colloction facilities together with an upd:lte of system needs shall be provided through an updato of the Master \'\'3ter Plan and Master Set/fer Pbn, including atbses. These studies shall include a life oyole analy&is of system components and shall set forth provenbtive m:lintenance Page 12 . ' sohedules. If not aooomplishod prior to FY 92!9ð, this item shall be a top funding priority in the FY 92J93 budget. Location: Pg. 111-8-27, Policy C-1.1 Change: DELETION Policy C 1.1 Until such timo as the updatod &tudies ara completed, minimal expenditures shall be made on new faoilities, and limited expenditures &hall be made on system replacement Location: Pg. 111-8-27, Policy C-1.2 Change: DELETION Policy C-1.2 Upon oompletion of the updated studies, the then current five year oapital impro'.(ement progr~m for wator and so'....or faoilitios shall be reviewoEf (pursuant to poliGies in the Capital Improvemont Element) and revised aooordingly Location: Pg. 111-8-28, Policy C-1.3 (NEW) Change: ADDITION Policy C-1.3 (New) The water distribution system computer model shall . be updated annually to project system needs and account for revised 4 population estimates. This update shall also estimate current and projected per capita levels of consumption. Location: Pg. 111-8-28, Policy C-1.4 (NEW) Change: ADDITION Policy C-1.4 (NEW) The wastewater collection and transmission system computer model shall be updated annually to project system needs and account for revised population estimates. This update shall also estimate current and projected per capita level of consumption. Page 13 . , . Location: Pg. 111-8-28, Objective C-2 Change: REVISION Objective C-2 Upgrading of current sewer collection facilities shall occur on an accelerated schedule. System upgrades shall be funded through annual set a sides in the Water and Sewer Renewal and Replacement Fund. (See Objective C-5 for implementing policies. UJ)on Gompletion of the studies identified in Objective C 1, a five year ps:ogram for impm':ement of existing systems shall be e&tablished. It shall be funded through a utility revenue bond, and physical impr-ovøments financed by IRe bOAc:I shall begin within t\a:o years after completion of the studies. Location: Pg. 111-8-27, Policy C-2.1 Change: DELETION Policy C-2.1 Until suoh time as the bond program is establishøå, dedio:rted funding shall Be pr{)Vided to increaße the number of manholes which ar:ø r:øpair-od on an annual basis fr-om 10 15 to 25 30. This ßhall commence in FY 90/-91. (Deleted by Amendment 95-1) Location: Pg. 111-8-27, Policy C-2.2 ~ Change: DELETION Policy C-2.2 Until such time as the bond program is established, dedic3ted funding shall bo provided to increase the number of lift stations which are upgr-aded and repaired on an annual basis from -1 6 to 12. This shall commence in FY 90,191 and is a high priority due to the potential adversity causod by lift &t:1tion failure. (Deleted by Amendment 95-1) Location: Pg. 111-8-28, Objective C-3 Change: REVISION Objective C-3 All unsewered areas within the City's service area shall be sewered by the year 2000. (See Objective C-5 for policies to implement this objective). Page 14 . ' Location: Pg. 111-8-28, Policy C-3.1 Change: DELETION Policy C-3.1 Limitod funding shall be pro~/ided for eKtenGion of Ge~.ver mains until suoh time as the financial requirements for current system upgrading are determined. \.^Jhile pr-evision of new S9\\'er mains shall be secondary to the repairing and upgrading of ~isting faoilities, the installation of sen:ice to areas of envir-eAmental degradation shall be of a top priority. Location: Pg. 111-8-28, Policy C-3.2 Change: DELETION Policy C-3.2 The bond issue identified in ObjeotiVi3 C 2 shall also contain funds for the inetallation of se~""OFS to all dG'leloped areas within tho City's service area. - Location: Pg. 111-8-29, Policy C-5.2 Change: REVISION Policy C-5.2 Annual allocations shall be provided for upgrading system upgrading by components (i.e. manholes, hydrants, etc.) in the Water and .. Sewer Renewal and Replacement Fund. Location: Pg. 111-8-29, Policy C-5.3 Change: REVISION Policy C-5.3 Upgrading of existing systems to construction and level of service standards and extension of new facilities to unserviced, inhabited areas shall be financed through annual set asides in the Water and Sewer New Capital Outlay Fund. a water and se~Ner revenue bond. If necessary, a rate incr-ease shall be instituted. Location: Pg. 111-8-29, Policy C-5.4 Change: DELETION Page 15 . , . Policy C-5.4 Prioritios for projects I:Inder the bond shall initially fa'/or upgrading \a:ith the later years favoring no\\' installations. Location: Pg. 111-8-31, Objective 0-3 Change: DELETION Objective 0-3 Provisions ar.e to Be maåe to accommoåate spaoe neods fer normal grO'a\lth of administrative staff and the speGific neeås or~ated in aooomplishing the policies of this Plan. 0 Location: Pg. 111-8-31, Policy 0-3.1 Change: DELETION Policy 0-3.1 After adoption of the Plan, a stYdy shall be undertaken of the ways in which tho accommodation of staff can be made. This study shall bo completed in FY 92!93 if not sooner. Options whioh are to be r.e'Jiewed shall includo: a) lease of office spaoe along :\tlantic Avenue. b) expansion of existing City Hall. c) consolidation of office facilities to Ci~' Hall and the Public \^.{orks complex. ,. d) remote locations for new administrative units tied together through the computer system. Location: Pg. 111-8-31, Objective E-1 Change: REVISION Objective E-1 By tho beginning of FY 91/92 a A capital improvement program directed specifically to storm drainage and runoff management has. shall have been adopted by the City Commission, and capital projects, as identified in that program, shall be implemented with funding to come from the Stormwater Utility Fee. commence upon completion of drainage projects funded by the 1989!90 General Obligation Bond program. (b1, b2) (81) Page 16 . , ,. Location: Pg. 111-8-32 Policy E-1.1 Change: DELETION Policy E-1.1 This program shall assess neods City '.\'ic:te; shall establish a list of criteria hy which noods ':Jill be evall:Jatod; and shall establish a priority for all projects. This progr~m shall 130 completed during FY 92/.93. (81)(C1) Location: Pg. 111-8-32, Policy E-1.2 Change: DELETION Policy E-1.2 Criteria for determining projeGt priorities shall place more importance upon property proteGtion than l:Jpon pollution control up to the point ,-":here such pollution may significantly åegrac:te the environment or constitute a hazard. (see r.elated Policy ^ 2.1). (C1) Location: Pg. 111:.8-32, Policy E-1.4 Change: REVISION Policy E-1.4 Minimum dQesign standards for determining the scope of drainage projects shall be such as to establish a level of service at least . equal to the standard of retaining the first one inch of runoff. or 2.5 inches " of water storage times the percentage of impervious area or runo# from a one hour, throe year storm event, whichever is greater, to protect water quality. Location: Pg. 111-8-32, Policy E-1.6 Change: REVISION Policy E-1.6 High priority should DO gi'.'on to tho c:trainage noads of the areas listed in the Coa&t::lI Management Element Policy D <1.1. Location : Pg. 111-8-32, Policy E-1.7 Change: DELETION Page 17 . , Policy E-1.7 Tho major trunk line/outfall, for the basin 28 dminage project shall be constructed in oonjl:lnction with be:nJtifioation improvements to Georgo 8ush 80ulevar-d in order to aohiove Gost sa·tings gained throl:lgh partioipation 'Nith the developer of tho /\nohora~e. Location: Pg. 111-8-32, Policy E-3.2 Change: DELETION Policy E-3.2 The 41 str:eets identified in the 1985 iRspeotion r:eport as nooding r.eoonstruotion shall be Gonsider:ed as pr-ojests in tho G.O. 80nd allooation for street reoonstruotiC:)A. In addition to those str.eets, additional noods as oontained in tho 1989 stroot inspection l:Ipdate shall be considered. /\ priority list ·...~hioh inoll:Jdes the streets fr-om both r.eports shall be prepared in the summer of 1989 and shall be tl:le Basis for determining streets to be r.eoonstructed pl:JFSl:JaRt to the 1989 G.O. 80nd eloction - ; Page 18 . ' Location: Pg. 111-0-13, Needs and Recommendations Change: DELETION ..... A tennis &tadiYFR and 12 tennis co~.trts wer~ Ð9nstruoteGt in 1993 at the site of the munieipal tennis eontor. i additional eourts are to eo con&truÐted at this loeation. The eompletion of tho FRblRiGipal tennis Qomplox should ee eOFRpletod expeditiously in or-der to maximize its use and eenefit to the comFRunity. Location: Pg. 111-0-17, Policy A-2.5 Change: REVISION Policy A-2.5 The following listing is hereby established as the general priority list for the funding of major capital improvements which pertain to recreational facilities. Policies A-2.6 through A-2.8 along with the policies embodied in the Capital Improvement Element shall be followed if it becomes necessary to alter priorities. (Project descriptions and estimated costs are found in the "Inventory" section of the Recreation and Open Space Element.) (c5) FIRST PLANNING PERIOD, 1990-1995 ..... Golf Course Club House . · Completion and enhancement of the Pompey Park Community Center '" .. SECOND PLANNING PERIOD, 1995-2000 · Development of the Catherine Strong Center area (including Carver Middle School facilities) into a community center. · FIND parcel (MSA 650). · A new park in the southwest portion of the planning area ..... Either refurbishing and expansion of tho FRlmicipal tennis senter or its relocation. Page 19 . , C Location: Pg. III-F-26, Objective C-6 Change: REVISION · Veteran's Park Redevelopment (see C 6.1) · Marina Historic District (see C-2) · FIND parcel (MSA 650) · Atlantic Avenue Improvements (see C-6.3) · Snorkel and Scuba Park (see C-6.4) · Providing Additional Marina Facilities Along the · Intracoastal Waterway (see C-6.5) Location: Pg. III-F-26, Policy C-6.1 Change: DELETION Policy C 6.1: Veteran's Park provides opportunities for ':ariod community acti'Jities. Provisions havo been made for short term mooring of small boats, thus pro'liding additional accessibility to tho aroa. , . Page 20 . , FUTURE LAND USE ELEMENI Location: Pg. III-G-26, Policy B-2.6 Change: REVISION Location: Pg. III-G-26, Policy B-2.6 Change: REVISION Policy B-2.6 All site plans and plats which have direct access to State facilities shall be referred to FOOT. Permits from FOOT shall be obtained prior to approval of final plat. [LOR Section 2.4.2(ç)(2)(c)] Location: Pg. III-G-32, Policy C-3.6 Change: DELETION Policy C 3.6: The City shall oontinue to r.ogain its prominonoe as a "tennis community". To r-a3ch this &tatum, the munioipal tennis conter shall bo completed pursuant to the development plan appr-oved in 1992. Funding shall be made aJJailable for finishing sonstruotion in FY 92,1.93. Location: Pg. 111-G-35, Policy 0-1.1 ~ Change: REVISION Policy 0-1.1 The City supports the School Board's adopted policies related to creating and maintaining racially balanced schools as part of an overall program to achieve this objective. The Board's policy strives toward a student population that is comprised of no fewer than 20%. nor more than 48% black students. an 80/2Q ration of non blaok to blaok student population. Location: Pg. III-G-35, Policy 0-1.2 Change: REVISION Policy 0-1.2 Through pursuit of the "Sharing for Excellence In Schools 4QQO 1994" plan and program as presented by residents of the City and Page 21 . , . endorsed by the City Commission, a racial balance reflecting a student population that is comprised of no fewer than 20%. nor more than 48% black students. shall be achieved in the planning period. of no gFeator than 60HO shall be mot in 1990. Location: Pg. III-G-35, Policy 0-1.3 Change: REVISION Policy 0-1.3 The City shall not participate in new housing projects which would '.~:iII further exacerbate the current imbalance of racial mix for each local school district until the School Board's policy for racial balance is achieved. within tho school attendance zonos of looal schools until such time as a 60/40 mix is achieved. Location: Pg. III-G-35, Policy 0-2.3 Change: REVISION Policy 0-2.3 Achieving better cohesiveness of neighborhoods by lessening the number of school attendance districts to which students are assigned, and/or the number of students bussed out of the City. through drawing such boundaries by adding or subtracting areas adjacent to existing districts rather than by drawing from enclaves located elsewhere. . Location: Pg. III-G-36, Policy 0-3.2 Change: REVISION Policy 0-3.2 The City shall work with aRå the School Board &RaIl cooperate to pl3co schools and provide appropriate infrastructure and physical plant improvements pursuant to the "Sharing for Excellence in Schools 1994" plan in such a manner as to achieve the objectives of this goal area. Location: Pg. III-G-36, Policy 0-3.6 Change: DELETION Page 22 . , Policy 0-3.6 The City and the School District shall work toward constructing and plaoing in operation. a ne'.\' elomentary school in Delray Beach south of Linton BoulevaÆf and oast of Military Trail. Location: Pg. III-G-36, Policy 0-3.10 (NEW) Change: ADDITION Policy 0-3.10 The City shall work with the School Board toward constructing and placing into Qperation: a new elemental:}' school in the southeast portion of the City. a new middle school in or acijacent to the City. and a new high school in or acijacent to the City. pursuant to the "Sharing for Excellence in Schools 1994" plan. ~ Page 23 . , ,,' CAPITAL IMPROVEMENT ELEMENT Location: Pg. 111-H-4, Existing Revenue sources and Fin~ncing Mechanisms Change: REVISION Controllable Revenue Sources: · Ad Valorem Taxes: FY ~ ~ operating levy of 2..8B ~ mills; capacity is 10 mills · Utility Tax: FY ~ ~ rate is 9.5% (an exemption for residential makes their rate 8.5%); capacity is (electrical bills) 10%. Excess capacity can be used for a revenue bond. Location: Pg. III-H-6, Existing Revenue sources and Financing Mechanisms Change: REVISION · Municipal Bonds: · The City has issued se~.'en ~ general obligation bonds outstanding Eince 1970. · Two special obligation .p:þ¡e revenue bonds are currently outstanding. · Three +we water and sewer enterprise fund revenue bonds are outstanding. Page 24 . \ AMENDMENTS TO THE FUTURE LAND USE MAP 1. An amendment on 94.815 acres from County land use designation MR-5 (medium density residential, 5 units per acre) to City land use designations Transitional (10 acres), Medium Density Residential (29 acres), Low Density Residential (51 acres), and Open Space (4 acres) in connection with annexation. 2. An amendment on 11.11 acres to remove the Large Scale Mixed Use Designation. 3. An amendment on 18.10 acres from County HR-8 (High Density Residential, 1 unit per acre) and MR-5 (Medium Density Residential, 5 units per acre) to a City land use designation of MDR (Medium Density Residential, 5-12 units per acre) in connection with annexation. 4. An amendment to the City advisory designations on 121.86 acres to achieve consistency with the existing County land use designation of MR-5. The change in the advisory designation will be from Rural Residential to Low Density Residential for 118.35 acres, and to Transitional for 3.51 acres. S:IADV\COMPIAMD95-1 Page 25 . t::..~ '-"'" . , . . .,..~"I l~ .;.;.., ."" -.' ,¡Z; M E M 0 RAN D'U M -.-' ., -- ";:' ~~- TO: MAYOR AND CITY COMMISSIONERS CITY MANAGERty;0 I~: FROM: ~ ~- 10 H " :'1 SUBJECT: AGENDA ITEM. - MEETING OF SEPTEMBER 5, 1995 -- TRANSMITTAL OF COMPREHENSIVE PLAN AMENDMENT 95-2 :.:;l ...... .... DATE: SEPTEMBER 1, 1995 ,- This is before the Commission to authorize transmittal of proposed Comprehensive Plan Amendment 95-2 to the Department of Community Affairs (DCA) for review. .. The Plan Amendment includes numerous text changes relative to the ..- following: .. , .. ** Establishment of Transportation Concurrency Exception Area "v~ a (TCEA) . In addition to the complete TCEA report, a summary is provided. -~1. :... ** The most recent draft of the Five Year Schedule of Capital ;~ Improvements. The final version will be included in the Plan " at adoption. . " -. ** Clarification of the City's position on beach concessions. j5 ;z ** Completion of the West Atlantic Redevelopment Plan. t...._ --~ priority of " ** The of redevelopment in the area North Federal Highway. ,. In addition, the amendment includes two (2) Future Land Use Map (FLUM) amendments. They are: '..J, (1) FLUM amendment from County HR-8 (High Density Residential - 8 units per acre) and CH-8 (Commercial High Intensity with a .~ residential equivalent of 8 units per acre) to City Medium ... Density Residential (5-12 units per acre) and Transitional for ;:~ -~ the Spence Property, a 14.47 acre parcel of land located on ~.~ the west side of Military Trail, approximately 1,400 feet ..... north of Atlantic Avenue. .. ~;; (2) FLUM amendment from Redevelopment Area i1 to General Commercial, Low Density Residential (0-5 units per acre) , ~.:.. :;; Medium Density Residential (5-12 units per acre) , Community ~ -_~L : 'J Facilities, and Open Space for the West Atlantic Redevelopment :.;j; Area located between Swinton Avenue and Interstate-95. ;~ ~. , . :-~"- Recommend transmittal of Comprehensive Plan Amendment 95-2 to the % ~; Department of Community Affairs for review pursuant to the .-:!: recommendation of the Planning and Zoning Board, containing the ~ . material in the staff report and attachments. -.. ref:agmem021 p~ 4-0 . ' " , , ' . o~ ~ CITY COMMISSION DOCUMENTATION \ TO: ~ HAR~MANAGER THROUGH: DI :~ . , D;R~ OF PLANNING AND ZONING FROM: JOHN WAlKER, PROJECT COORDINA TOýL 1tJa.-tt.- SUBJECT: MEETING OF AUGUST 5, 1995 PUBLIC HEARING - TRANSMITTAL OF COMPREHENSIVE PLAN AMENDMENT 95-2 ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of authorizing transmittal of proposed Comprehensive Plan Amendment 95-2 to the Florida Department of Community Affairs (DCA) for review. BACKGROUND: Comprehensive Plan Amendment 95-2 was initiated by formal action of the City Commission on July 7,1995. During processing, one item was deleted from the list of initiated items: Changes related to the purchase of the Sandoway House. In developing the Florida Communities Trust Grant application, it was found that no additional Comprehensive plan information was needed to support the request. The proposed Plan Amendment includes two amendments to the Future Land Use Map (FLUM), as well as numerous text changes relative to the following subjects: · Establishment of a Transportation Concurrency Exception Area (TCEA). In addition to the complete TCEA report, a summary is attached. · The most recent draft of the Five Year Schedule of Capital Improvements. The final adopted version will be included in the Plan at adoption. · Clarification of the City's position relative to beach concessions. · Completion of the West Atlantic Redevelopment Plan. · The priority of redevelopment in the area of North Federal Highway. . ' , . . . City Commission Documentation Transmittal of Comprehensive Plan Amendment 95-2 Page 2 PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board formally reviewed the items included in the Plan Amendment at a public hearing on August 28, 1995. Public testimony was received on the following: West Atlantic FLUM Amendments Carolyn Young stepped down for this item. James Weatherspoon, Spencer Pompey, and David Randolph all gave qualified support to the amendments. Their concerns were that, in the implementation of the redevelopment plan, residents should not be forced to leave their homes or be adversely impacted by new commercial development. After discussion the Board recommended approval on a 5-0 vote. Spence FLUM Amendment No public testimony was received. After discussion the Board recommended approval on a 6-0 vote. Comprehensive Plan Amendment Helen Coopersmith asked for clarification of Transportation Demand Management activities, and spoke in support of the establishment of the TCEA. After discussion the Board recommended approval on a 6-0 vote. ALTERNATIVE COURSES OF ACTION: A. Transmit Comprehensive Plan Amendment 95-2 to DCA as presented via the Planning and Zoning staff reports and City Commission Documentation. B. Transmit Comprehensive Plan Amendment 95-2 to DCA pursuant to other Commission direction. RECOMMENDED ACTION: By motion, authorize transmittal of proposed Comprehensive Plan Amendment 95-2 to DCA for review pursuant to the recommendation of the Planning and Zoning Board, containing the material in this staff report and the attachments. Attachments: . Summary of TCEA Report. . Proposed Comprehensive Plan Amendment 95-2, Including P&Z Reports for FLUM Items. S:\adv\comp\952CC 1 . f ¡ . . ! SUMMARY TRANSPORTATION CONCURRENCY EXCEPTION AREA (TCEA) Delray Beach is experiencing a renaissance in the form of the rediscovery of the downtown as the heart of the community. There has been significant public investment in the area, including streetscape projects for Atlantic Avenue, and Pineapple Grove Way; Old School Square; Veterans Park; the Tennis Center; and the South County Courthouse. New businesses have been established, including art and antique dealers, restaurants and clubs, and many retailers. Developers have expressed their desire to locate in the downtown, which would involve redevelopment of several blocks. However, a potential impediment to achieving the goal of a vibrant downtown is the current level of service standard for traffic concurrency. Under existing regulations, the main roadways within the downtown and adjacent areas must operate at a level of service standard liD", which is the same standard that applies to arterial roadways throughout the City. The existing street network may not be adequate to achieve that level of service, given the long range growth that is expected to occur in the downtown area. Many existing building setbacks, as well as the pedestrian oriented streetscape, provide little opportunity for road widening to increase traffic capacity. Nor would such widening be consistent with the character and ambiance of the area. Adherence to a rigid level of service standard for traffic in the central business district would create a major obstacle to the City's revitalization efforts, and could jeopardize the substantial public and private investment that has been made in the area to date. A critical element to the City's ability to realize its goal of a vibrant downtown is the establishment of a Transportation Concurrency Exception Area (TCEA). A TCEA is a method to establish a geographic area in which there are no transportation concurrency requirements. Authorized by Chapter 163, F.S. and Rule 9J-5, F.A.C., a TCEA is established through a Comprehensive Plan amendment. The purpose of the TCEA is to reduce the adverse impact transportation concurrency may have on urban infill development and redevelopment. It allows exceptions to the transportation concurrency requirement in specifically defined urban areas of a jurisdiction. The exceptions apply to all land uses and development and types of facilities within expressly excepted areas. The parameters of a TCEA include: . The TCEA is a specific geographic area, delineated for downtown revitalization, within the central business district. . ' , . · The TCEA is compatible with and furthers the Comprehensive Plan. · The TCEA must be supported by data and analysis in the Comprehensive Plan that demonstrates consistency with the rule. The TCEA should be coordinated with the Florida Department of Transportation (FDOT) and the Metropolitan Planning Organization (MPO). · To implement the TCEA, a Comprehensive Plan Amendment is required to adopt guidelines and/or policies specifying programs to address the transportation needs of the TCEA. The steps required to establish the TCEA include: determination of boundaries; estimation of short term and long term development potential; modeling of traffic impacts; analysis of transportation systems; identification of mobility needs; identification of programs to accommodate mobility needs; and Comprehensive Plan changes to establish and implement the TCEA. BOUNDARIES The boundaries of the TCEA were established by the City in coordination with FDOT. The TCEA encompasses the central business district of Delray Beach, pursuant to Section 163.3164(25) F.S., and contains approximately 436 acres. The general limits of the TCEA are 1~95 on the west, SR A1A on the east, SE 2nd Street on the south, and NE 4th Street on the north. Centered on Atlantic Avenue, the main shopping street of the City, the general character of the area is commercial. The TCEA includes all those areas zoned Central ,Business District (CBD), Central Business District - Railroad Corridor (CBD-RC) and Old School Square Historic Arts District (OSSHAD). Also included are the General Commercial (GC) zoning on West Atlantic Avenue and NW 5th Avenue, residentially zoned parcels within one block north and south of Atlantic Avenue and several Community Facilities (CF) zoned properties that fall within the boundaries of the TCEA. DEVELOPMENT POTENTIAL Existing development within the proposed TCEA totals approximately 3 million square feet. At build out, in the year 2015, the total for the area is projected at 6.3 million square feet. Growth includes significant increase in all uses, especially residential uses, to achieve a better balance of housing/employment opportunities. The development scenario assumes dramatic changes in the TCEA in order to establish the maximum development potential. Development potential was 2 . ' . .' . determined by applying a Floor Area Ratio which maximizes intensity within the limits of the Land Development Regulations. This method results in the maximum development that could occur on a given lot. It was generally assumed, for purposes of calculation, that all lots within the TCEA would be redeveloped at their maximum height and intensity. Clearly, this will not happen in every case. There are many valuable buildings in the TCEA that will remain as they are or be modified to less than the maximum potential. However, by evaluating the maximum development scenario relative to traffic, the City can assess the most extreme case. If this extreme situation can be accommodated, then any of the more likely growth scenarios can easily be accommodated. TRANSPORTATION ANALYSIS Traffic modeling was performed for both short term (year 2000) and long term (year 2015) development scenarios. The roadway links were identify which fell below Level of Service "D" due to growth in the TCEA. In the short term, only portions of East Atlantic Ave. and Swinton Ave. were adversely impacted. In the long term, affected roadway segments included portions of Swinton Ave., U.S. 1, Atlantic Ave., and Linton Blvd. In order to reduce the potential impacts of growth in the TCEA, transportation alternatives to the single occupancy vehicle were evaluated. These included pedestrian and bicycle systems, the Palm Tran bus system, and TriRail commuter rail system. In addition, the impact of centralized parking lots on trip length was evaluated. These alternatives are not accounted for in the traffic model, but provide opportunities to reduce both trip generation and trip length. CONCLUSIONS The geographic area chosen for the TCEA is the logical area to concentrate downtown development, both commercial and residential, in Delray Beach. All major infrastructure is in place, including a grid network of streets providing convenient access to and from major arterial roads. Maximum potential growth, to 6.3 million square feet, can be accommodated in the TCEA, but will require the provision of additional alternate transportation modes to offset the generation of single occupancy vehicular trips. The mobility needs of the TCEA can be satisfied by: . Expanding mass transit opportunities. . Implementing employer-based Transportation Demand Management (TDM) activities, such as ride sharing, van pooling and flexible work hours. 3 . ~ . .. .~ . · Expanding bicycle and pedestrian facilities. · Increasing the utilization of centralized parking facilities. COMPREHENSIVE PLAN CHANGES Changes are proposed to the Comprehensive Plan in the following areas: · Addition of text to describe the TCEA, its limits and purposes. · Addition of objectives and policies to implement the specific programs required by the TCEA, including: - Require employer-based TDM activities for large employers. - Analyze the feasibility of establishing a Transportation Management Association (organization to manage alternative transportation opportunities). - Work through Palm Tran to increase the number of buses on selected routes. - Establish an in-town shuttle system for the downtown. - Improve utilization of centralized parking lots through improved public awareness. - Work through FDOT to add deceleration lanes at 1-95/Atlantic Ave. - Install sidewalks on all streets in the TCEA, and add additional bike facilities. These relatively low cost activities will provide the transportation alternatives needed to allow the proposed land uses in the TCEA to function without adversely impacting the roadway system throughout the City and neighboring municipalities. S:\adv\tcea\ABSTRACT 4 . ' . - " . -.. -~- ,'" -...," _... ..,-- , . ..~ MEMORANDUM .. ~~~1 .. ,- , TO: MAYOR AND CITY COMMISSIONERS -. . . CITY MANAGER fJt1 " FROM: ..... :~ SUBJECT: AGENDA ITEM # 10, I - MEETING OF SEPTEMBER 5 , 1995 f;ECOND READING/PUBLIC HEARING 'FOR' ORDINANCE NO. 48-95 " ~MODIFYINGTHE COMMUNITY REDEVELOPMENT PLAN) ,.. DATE: SEPTEMBER 1, 1995 This is second reading and public hearing for Ordinance No. 48-95 which modifies the Community Redevelopment Plan for the City of Delray Beach. The amended plan is incorporated in the adopting .-:¡: ordinance Exhibit "A" . Since it is large document and has " as a ,- previously been provided, only the cover sheet and table of " contents is attached to the ordinance for purposes of this agenda .'n , . item. A copy of the amended Community Redevelopment Plan is available for review in the Clerk's office. '..iI} The Planning and Zoning Board considered this matter on June 19, :~-l ~~. 1995, and voted . unanimously to recommend that the amendments to ~ the Community Redevelopment Plan be adopted. The Commission reviewed the amended plan on August 8, 1995, and at first reading on August 15, 1995, the adopting ordinance was passed by unanimous ,'. vote. Recommend approval of Ordinance No. 48-95 on second and final reading. '. f~ ¿¡-o ... ~. h:; ,., . , , ·~-'1 ;"::" ~. ~ )0: ..:,' ref:agmem09 . , t '. I . , ( . , , I .-.. .. ORDINANCE NO. 48-95 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, MODIFYING THE COMMUNITY REDEVELOPMENT PLAN FOR THE CITY OF DELRAY BEACH, FLORIDA, IN ITS ENTIRETY; FINDING THAT THE MODIFICATION CONFORMS TO THE COMMUNITY REDEVELOPMENT ACT OF 1969, AS AMENDED; FINDING THAT THE MODIFICATION IS CONSISTENT WITH THE CITY OF DELRAY BEACH'S COMPREHENSIVE PLAN, AND MAKING FURTHER FINDINGS PURSUANT TO THE APPLICABLE REQUIREMENTS OF FLORIDA STATUTES SECTION 163.360(6)(7); PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach, Florida, by Ordinance No. 46-85, adopted June 18, 1985, did create a Community Redevelopment Agency as provided in Florida Statutes Section 163.356; and WHEREAS, on December 23, 1986, the Board of County Commissioners of Palm Beach County passed and adopted Resolution No. R-86-2003 delegating the exercise of the powers conferred upon the County by Chapter 163, Part 3, Florida Statutes, within the boundaries of the City of Delray Beach to the governing body of the City of Delray Beach completely and without limitation; and WHEREAS, the City Commission of the City of Delray Beach, Florida, has heretofore approved a Community Redevelopment Plan on September 9, 1986, by Resolution No. 49-86 as subsequently amended on November 24, 1987, by Resolution No. 47-87, and as further ratified and amended on February 14, 1989, by Resolution No. 6-89, and as further ratified and amended on September 25, 1990, by Resolution No. 86-90; and as further ratified and amended on April 9, 1991, by Resolution No. 28-91; and as further ratified and amended on November 26, 1991, by Resolution No. 93-91; and as further ratified and amended on May 26, 1992, by Ordinance No. 17-92; and as further ratified and amended on December 1, 1992, by Ordinance No. 60-92; and as further ratified and amended on February 22, 1994, by Ordinance No. 5-94; and WHEREAS, the Community Redevelopment Agency of the City of Delray Beach, Florida, hereinafter referred to as the "CRA", has heretofore adopted a Community Redevelopment Plan; and WHEREAS, the CRA is desirous of modifying said Plan in its entirety to account for certain changes which have occurred since the last amendment of the Plan, to account for modification or completion of project components, and to provide for the addition of several new programs to the Plan; and . , ., ~ , I . , ( ! . , ) I WHEREAS, the CRA of the City of Delray Beach has recommended to the City Commission of the City of Delray Beach, Florida, pursuant to CRA Resolution No. 95-4 passed and adopted on May 11, 1995, that the Community Redevelopm~nt Plan be modified, amended and ratified in its entirety in the form attached hereto as Exhibit "A"; and WHEREAS, the City Commission of the City of Delray Beach, Florida, finds that the modification conforms to the Community Redevelopment Act of 1969, as amended; and WHEREAS, the City Commission of the City of Delray Beach, Florida, finds that the modification is consistent with the City of Delray Beach's Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach, Florida, finds that the modification meets the applicable requirements of Section 163.360(6)(7), Florida Statutes; and WHEREAS, the City Commission shall hold a public hearing on said modification to the Plan, after public notice is given in conformance with the requirements of Chapter 163, Part 3, Florida Statutes. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the preamble stated above is hereby incorporated by reference herein, as findings of fact upon which this ordinance is based. Section 2. The Community Redevelopment Plan is modified in its entirety in the form and as attached hereto as Exhibit II A" and made a part hereof, Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That if any section, subsection, paragraph, sentence or word or other provision of this ordinance, or any portion thereof, or its application to any person or circumstance, be declared by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not effect the validity of any other section, subsection, paragraph, sentence or word or provision or its application to other persons or circumstances and shall not effect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. - 2 - Ord. No. 48-95 . " '. . . .. . i Section 5. 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 5th day of September , 1995. ~~ ~~ M A ATTEST: at ~ ýJþ/,-!V~ 1IrJ/ 'r City C rk First Reading August 15, 1995 Second Reading September 5, 1995 - 3 - Ord. No. 48-95 . ' L , ~ ..~ ." _. --- ~ .. ....--.. ~.-.... -.. -'--_.. 8Juk1; II 4. I, ....- ._._--- I . I '. ----- I I I The City of Delray Beach I I . Community I, I Redevelopment I Plan I I Amended by City Ordinance No. 48-95 I I I I ~. I I The City of Defray Beach Community Redevelopment Agency I I . , '. <ÌL- TABLE OF CONTENTS COMMUNITY REDEVELOPMENT PlAN PAGE' INTRO D U CTI 0 N ................... ........................................................ .................................. 1 . PART ONE: BACKGROUND I. Authority to Undertake Community Redevelopment ............................................... 1.1 II. Creation of the Community Redevelopment Agency .............................................. 1.1 III. Powers of The Community Redevelopment Agency .............................................. 1.1 I IV. The Community Redevelopment Area .................................................................... 1.3 I V. The Community Redevelopment Plan .......................~............................................. 1.3 PART TWO: EXISTING CONDITIONS I I. General Description of the Redevelopment Area ................................................... 2,1 ) A. Existing land Use .................... .......... .............. ............... ........ .......~............. 2.1 B. Existing Housing and Population ................................................................ 2.3 C, Existing Traffic Circulation ................ .......... ........ ........ ................. ............... 2.3 J D. Downtown Parking ........... ..................... .......... .................. .......................... 2.3 II. General Housing Conditions ........... ........ ............ ....... .............. ....... ........... '............. 2,3 I III. Geographic Sub-Areas ... .... .... ................... .............. ................ ............ ........ .... ....... 2.6 A. Sub-Area ##1: '!The Downtown- ................................................................ 2.6 I B. Sub-Area ##2: -Governmental & Cultural Center- ................................... 2.9 C. Sub-Area ##3: -West AUantic Avenue Corridor" ....................................... 2.9 D. Sub-Area '4: -Residential Core- .... ........... ......... ........................... .......... 2.11 I . E. Sub-Area ##5: -North Federal Highway- .................................................. 2,12 F. Sub-Area ##6: -N. E. Neighborhood- ........ ................... ............... ...... ......... 2.12 G. Sub-Area ##7: -Osceola Park- ....... ................. ........ ...... .......... .................. 2.13 H. Sub-Area ##8: -1-95/1Oth Street Area- ..................................................... 2.13 I IV. Cu"ent Projects and Programs within CRA ............................................................ 2.15 ~. I PART THREE: ANALYSIS I I. Problems, Needs and Opportunities Within Sub-Areas ......................................... 3.1 A. Sub-Area 11: -rhe Downtown- ........ ............ .......................... ............ ...... 3.1 B. Sub-Area ##2: 1I(30vemmental & Cultural Center- .................................... 3.2 C. Sub-Area ##3: -West AUantic Avenue Corridor- ....................................... 3.2 I D. Sub-Area ##4: -Residential Core- ............................................................. 3.3 E, Sub-Area ##5: ·North Federal Highway· .. .............. ........... ....................... 3.4 I i . , ,. I TABLE OF CONTENTS I COMMUNITY REDEVELOPMENT PLAN PAGE' I F. Sub-Area 16: -N. E. Neighborhood- ...... ................:............... ............ ....... 3.4 I G. Sub-Area #17: -Osceola Park- .................................................................. 3.5 H. Sub-Area '8: -1-95110th Street Area- ..................................................... 3,6 II. Functional Needs Within The CRA ......................................................................... 3.6 I A. Removal of Slum and Blight ....................................................................... 3.6 B. Land Use .......... .............. ........ ....... ............................. .......................... ....... 3.7 C. Economic Development .................... ................ ............ ....... ........... ............ 3.7 I D. Affordable Housing ............................:......................................................... 3.7 E. Infrastructu re ............................................................................................... 3.7 F. Recreational Facilities ................................................................................. 3.8 I III. Market Conditions and Future Development Potential ........................................... 3.8 A. Retail Market ...... ............ ...... ...... ................................................ ................. 3,8 B. Office Potential ...... .................................. ....... .............. ............................... 3.10 I C. Hotel Development Potential ...... ......... ..................... ....... ................... ........ 3.10 D. Industrial Development Potential ........:..... ................................ .................. 3,10 E. Residential Development Potential .... ............................ ....... ...................... 3.11 I W. Neighborhood Impacts of Redevelopment Efforts .................................................. 3.12 A. Relocation of Displaced Residents & Businesses ..................................... 3.12 I B. Traffic Circulation ........................................................................................ 3.13 C. Environmental Quality ................................................................................. 3.13 D. Availability of Community Facilities & Services .......................................... 3.13 E. Effect on School Population ....................................................................... 3.14 I V. Relationship to the City's Comprehensive Plan ...................................................... 3,14 PART FOUR: THE COMMUNITY REDEVELOPMENT PROGRAM I I. Redevelopment Strategies of Geographic Sub-Areas ........................................... 4.1 I II. Project Decision Process ............................................................ ............................. 4.2 III. CRA Projects and Programs ....... ..... .................................. ..... ................... ............. 4.2 I A. Group -1-: Planning ... ......... ............................................................... 4.2 I '1.1 -Downtown Core GAE- ...................... ..... .................... ..... .............. 4.2 .- '1.2 "W. AUantic Ave. Redevelopment Plan- ........................................ 4,2 '1.3 "CBD Development Plan- .............................................................. 4.4 '1.4 -Master Parking Program- ....... ............ ............. .................... ......... 4.5 I #11.5 -Del Ida Park Neighborhood Improvement Plan ........................... 4,6 '1.6 -Osceola Park Redev. & Neighborhood Improvement Plan ........ 4.7 i I B. Group -2-: Redevelopment ............................................................... 4.9 #12.1 -Peach Umbrella Plaza I- .............................................................. 4,9 #12.2 -Affordable Housing Program- ... ......... ............ .... ................ ........... 4,10 I #12.3. -Downtown Anchor & Parking- ...................................................... 4.12 ii I .." .....~. . ... _.~-.,.- ~........'__<'-a,__. -, ".-. -." .'.- -'-" - ---.-.'-,-'---- _. .~ ~_._. -~... '. ..~---- -_.~ ._.-. . . , · f , ' . . · '2.4 -Downtown Mixed Use Redevelopment ........................................ 4,13 . '2.5 -Block '76 & '84 Redevelopment- ............................................... 4.15 · 12.6 -South County Courthouse Expansion· ......................................... 4.16 12,7 -Pineapple Grove Neighborhood Plan Implementation· ............... 4.18 '2.8 -Bankers Row Project Implementation· ......................................... 4.18 '2.9 -Pineapple Grove Main Street Program·....................................... 4.18 · '2,10 -Municipal Tennis Center Rehab· ................................................. 4.19 12.11 -North Federal Highway Improvement Program ........................... 4.20 12.12 -Old School Square Cultural Center· ............................................ 4.21 · 12.13 -Mount Olive Redevelopment- ....................................................... 4.21 12.14 -Downtown Core Improvement Program· ..................................... 4.23 12,15 -Block 1160 Redevelopment· ... ....... .......... ........ .............................. 4.24 · 12.16 -Block #ffi1-Atlantic Ave Frontage Redevelopment .........~............ 4.25 12.17 -Peach Umbrella II: A West Atlantic Avenue Redevelopment Effort- .......... ........ ..................... .... ..... .... ...... ........ 4.26 12.18 -8th Street (Tenneco Site) Redevelopment .................................. 4.27 · C. Group -3-: Community Improvement·· ............ ................................. 4.28 13.1 -SUbsidized Loan Program- .. .................. ....................................... 4.28 · 13.2 -Site Development Assistance Program- ...................................... 4.30 13.3 -Community Activities Sponsorship· .............................................. 4.31 13.4 -Delray Beach Trolley System· ...................................................... 4.32 · 13.5 -Business Development Program· ................................................ 4,33 13.6 -Historic Facade Easement Program· ........................................... 4.34 IV. Program Of Regulatory Actions ................ ................... ............. ...... ............. ............ 4.36 · A. Comprehensive Plan Amendments ............... ............................................. 4,36 B. Amendments to the Land Development Regulations ................................ 4.36 · V. The Cost of Redevelopment ... ................. .................... ........... ........ ....... ......... ......... 4.38 VI. Sources of Redevelopment Funding and Financing ............................................... 4.38 · VII. Revenue Projections .... ....... ....... ............. ........... ............ .......... .......... ...... ................ 4.41 · VIII. Five Year Redevelopment Program and Funding Allocations ................................ 4,42 . · PART FIVE: REDEVELOPMENT GOALS, OBJECTIVES AND POUCIES I. Goal Area -A-: Maintain and Enhance Current Projects and Programs ............... 5.1 · II. Goal Area -B·: Meeting Areawide Needs ............................................................... 5.1 6·111. Goal Area -C·: Providing a Long Range Redevelopment Strategy..........·......·....· 5.3 · IV. Goal Area -D-: Manner of Doing Business ............................................................ 5,7 · · I Hi . .. . ' ... '. . . . . TABLE OF CONTENTS COMMUNITY REDEVELOPMENT PLAN PAGE It Part 6: APPENCICES A Community Redevelopment Area Boundary Legal Description ............................. 6.1 B. Findings of Necessity .. ......... .... ......................... .... .............. ............. .... .... ....... ......... 6.2 C. County Courthouse Amended Agreement .............................................................. 6.3 D. Land Acquisition Maps ... ............ ........... .............. ........... .... ..... ........................ ......... 6,4 E. Completed Projects .......... ........ ........................ .......... ........ .................... ................. 6.5 F. Downtown Delray Beach Joint Venture ................................................................... 6,6 , G. Tennis Center Agreement Between the CRA & the City of Delray Beach·..........· 6.7 UST OF TABLES TABLE 2-1 Neighborhood Categorization ............... .... ................. ................................. 2.4 TABLE 2-2 Geographic Sub-Areas .............. ............ .................. ........................ .......... 2.6 TABLE 2-3 Existing Public Projects & Programs Within the Community Redevelopment Area ......................................................... 2.15 TABLE 3-1 Public Schools ............................................................................................. 3.14 TABLE 4-1 Estimated Public Cost of Redevelopment & Capital Improvement Project ................ ... ................. ...... ......... ........... .............. ....... 4,38 TABLE 4-2 5- Year Revenue & Expense Projections ................................................... 4,41 I TABLE 4-3 Five Year Redevelopment Program & Funding Allocations ...................... 4.42 I UST OF FIGURES F1GURE1 Community Redevelopment Area ........ .... ............ ....... ........................... ..... I .' 1.4 FIGURE 2 Generalized Existing Land Use .................................................................. 2.2 I F1GURE3 Neighborhood Categorizations .... ............ .................... .... ....... .......... ........... 2.5 FIGURE 4 Geographic Sub-Areas ................ ...... ............. ........................................... 2.7 . I FIGURE 5 Regulatory Actions ........... ................... .................. ...................................... 4,37 I iv I ---- ... _ .r_·__·· _.___.~~_ .- -". , . MEMORANDUM ,~: TO: MAYOR AND CITY COMMISSIONERS ,... FROM: CITY MANAGERtflt1 : SUBJECT: AGENDA ITEM i 10.J"'". - MEETING OF ~EPTEMBER 5. 1995 .- ~ECOND READING/PUBLIC HEARING FOR ORDINANCE NO. . 45-95 .- (ADVERTISING RESTRICTIONS ON VEHICLES IN THE AUTOMOTIVE COMMERCIAL DISTRICT) DATE: SEPTEMBER 1, 1995 This is second and final reading for Ordinance No. 45-95 which amends Section 4.4.10(G) (5) (c) of the Land Development Regulations' by clarifying restrictions on signs and other displays on vehicles - in the AC (Automotive Commercial) zoning district. The current regulations are difficult to understand and may be in conflict with - other LDR provisions regarding display of flags. At the request of the Code Enforcement Administrator, the City , Attorney's Office qrafted the proposed text to specifically forbid the display of any advertising, flags, pennants, streamers, r balloons, signs or vehicle stock numbers on any vehicle or equipment, except required information on a sticker affixed to a side window. Display of similar items to attract the public's attention is also prohibited on the dealer's lot, buildings or vehicles. The Planning and Zoning Board formally reviewed the amendment on July 17, 1995, and voted 6 to 0 to recommend that it be approved. ::: At first reading on August 15, 1995, the Commission passed the .. ordinance by a vote of 4 to O. - Recommend approval of Ordinance No. 45-95 on second and final reading. ' . . ". ':1 ~:; r~ L/O .: :-= ref:agmemo14 . ' , . I F . . ) ., \ ~ ._~ !'1' ~A .. --... -- ,_. -. Ë - .;;. . . ORDINANCE NO. 45-95 '.' -, -- .- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF :-:; DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.10, ." -- "AUTOMOTIVE COMMERCIAL (AC) DISTRICT", SUBSECTION - .- 4.4.10(G)(5)(c), OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, TO CLARIFY RESTRICTIONS ON SIGNS AND OTHER DISPLAYS ON VEHICLES IN THE AUTOMOTIVE COMMERCIAL ZONING DISTRICT; 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 July 17, 1995, and has forwarded the change with a recommendation of approval by a vote of 6 to OJ 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 Districts", Section 4.4. 10, "Automotive Commercial (AC) District", Subsection 4.4.10(G)(5), "Use and Operating Restrictions", subparagraph 4.4.10(G) (5) (c), of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: ... (c) Other than information which is required by law to be posted on vehicles displayed on a sticker !",. affixed to a side window. ~ø advertising, flags, - 1Øt¢;lwtt /1l-;.wØ¡ pennants, streamers, balloons, signs ~pøtt/;.ttý/ý¢~;l¢l-¢Ø¡/pt;l¢¢Ø or vehicle stock (~ numbers¡/øt/Ø~~¢t/;ltt1Øt¢;'~;lØtt/;'Ø/t¢~~;lt¢~/~Ø/~¢ pØØ~¢~/øtt/Ø~¢~/ý¢~;l¢l-¢Ø/~ý/l-;'~/Ø~~¢t/~~;.tt/~pøtt/;. Ø~;l¢~¢t/;'11;l~¢~/~Ø/;'/Ø;l~¢/~;ltt~Ø~¡/øt shall not be displayed on any vehicle or equipment. .s.Øimilar objects, gimmicks, or advertising designed to attract the public's attention Øf.f.fØ;l~¢ shall n2:t be displayed outdoors / /øt - ~Pøtt Q1l any l.2L.. building, vehicle, ¢t /~;"'..l-J ø~~¢t/~~;.tt/;lttØ;l~¢/;'/~;ltt~Ø~/;'Ø/¢;.ý/~¢/p¢t¢;l~~¢~ ~ý / /~¢¢~;lØtt / /f.¡Ø¡7 ¡ or equipment except as permitted by Section 4.6.7. . . " , . - - - ) · " .4 : "7 ~ '. " Section 2. That all ordinances of ordinances - or parts 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. .. ,,;... Section 4. That this ordinance shall become effective · immediately upon passage on second and final reading. in regular session and final .. PASSED AND ADOPTED on second reading on this the 5th day of September , 1995. ~~ :~ ; ATTEST: .. (h mn'fJ;M }¡iI~ l/c/M;- City Cl rk First Reading August 8, 1995 .. Second Reading September 5, 1995 '. . ... >: " .' " .- · ... ;I - 2 - Ord. No. 45-95 . , , . . t)1( ~ CITY COMMISSION DOCUMENTATION TO: DAVID T. HARDEN, CITY MANAGER /J~~ THRU: DIANE DOMING EZ, IRECTOR DEPARTMENT OF PLANNING AND ZONING /~ FROM: S, PLANNER SUBJECT: MEETING OF AUGUST 1, 1995 LDR TEXT AMENDMENT TO SECTION 4.4.1 O(G)(5)( c) AUTOMOTIVE COMMERCIAL (AC) DISTRICT CLARIFYING RESTRICTIONS ON SIGNS AND OTHER DISPLAYS ON VEHICLES ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is approval on first reading of a proposed modification to Section 4.4.1 O(G)(5)(c) of the City's Land Development Regulations (LDRs). BACKGROUND: Richard Bauer, City Code Enforcement Administrator recently contacted the City Attorney's office to request a revision to LDR Section 4.4.10(G)(5)(c), regarding restrictions to advertising on automobiles in the AC zoning district. The current regulations are difficult to understand and may be in conflict with provisions of LDR Section 4.6.7 regarding display of flags. The City Attorney's Office proposes the attached changes to Section 4.4.10(G)(5)(c) to clarify existing provisions specifying prohibited items and locations. The proposed text specifically forbids the display of any advertising, flags, pennants, streamers, balloons, signs, or vehicle stock numbers on any vehicle or equipment, except required information on a sticker affixed to a side window. Display of similar items to attract the public's attention is also prohibited on the dealer's lot, buildings, or vehicles. Planning And Zoning Board: The Planning and Zoning Board considered this item at its meeting of July 17, 1995. Representatives of three dealerships: Joe Camarata, Dennis Fronrath Chevrolet; Art Taylor, O.C. Taylor; and Dan Burns, Dan Burns Oldsmobile spoke at the public . , City Commission Documentation Adoption of the West Atlantic Avenue Redevelopment Plan Page 2 hearing to request further information regarding the proposed changes. None voiced objections regarding the proposed amendment. The Board voted unanimously (6-0) to recommend approval. Recommended Action: By motion, approve, on first reading, the attached text amendment to LDR Section 4.4.10(G)(5)(c) Attachment: P&Z Memorandum Staff Report . , City Commission Documentation Adoption of the West Atlantic Avenue Redevelopment Plan Page 3 Section 4.4.10(G) (5) Use and Operating Restrictions: (a) Except for automobiles, trucks, pickup trucks, vans, jeeps, motorcycle and recreation vehicles, no other outdoor sales or display of any materials, products, or goods shall be permitted. No industrial equipment shall be sold, leased, rented, or otherwise stored within the AC District. However, wherever reasonably possible as determined by the city, trucks other than pickup trucks, vans, and jeeps shall be displayed in areas which are separated from a street by an outdoor display area for other permitted vehicles, customer or employee parking areas, or buildings. (b) No vehicle shall be parked with its hood or trunk open, nor elevated off the ground in any way. Vehicles shall not be parked in any right- of-way or driveway. (c) Other than information which is required by law to be posted on vehicles displayed on a sticker affixed to a side window. Ne advertising, flags, foreign flags, pennants, streamers, balloons, signs, upon any vehiclos prices, or vehicle stock numbers or other information as required to be posted on vehicles by law other than upon a sticker affixed to a side v:indow, or shall not be displayed on any vehicle or equipment. Ssimilar objects, gimmicks, or advertising designed to attract the public's attention 0# site shall nQt be displayed outdoors, or upon any on any }Qt, building, vehicle, or wall, other than inside í1 ·....indCY.\! as may Be peFmitted BY SeÐtion ~ .ê.7 .Q[ equipment except as permitted by Section 4.6.7. (d) Except for existing areas designated for off-loading, any areas designated for the off-loading of vehicles or for loading and deliveries shall be located to the rear of buildings and shall be located so as to contain noise on-site. These areas shall not be located closer than 100 feet from any residentially- zoned lot, and shall be appropriately designated, marked, and signed. (e) Dealers are prohibited from using residential streets for the testing of vehicles after servicing and for the demonstration of vehicles. [Amd. Ord. 2-92 02/11/92] . , f . i . ' ! .' ( :( PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT FOR LDR AMENDMENTS MEETING DATE: JULY 17, 1995 AGENDA ITEM: V.F. SUBJECT: LOR TEXT AMENDMENT TO CLARIFY RESTRICTIONS ON SIGNS AND OTHER DISPLAYS ON VEHICLES IN THE AC ZONING DISTRICT LDR REFERENCE: SECTION 4.4. 1 O(G)(5)(c) AUTOMOTIVE COMMERCIAL (AC) DISTRICT ITEM BEFORE THE BOARD: The item before the Board is making a recommendation to the City Commission on a proposed modification to the City's Land Development Regulations (LDRs). Pursuant to LDR Section 1.1.6, no amendment may be made until a recommendation is obtained from the Planning and Zoning Board. Pursuant to F.S. 163.3194(2), the Planning and Zoning Board is to review the proposed amendment with respect to its relationship to the adopted Comprehensive Plan of the City. BACKGROUND: Richard Bauer, City Code Enforcement Administrator recently contacted the City Attorney's office to request a revision to LDR Section 4.4.1 O(G)(5)( c), regarding restrictions on advertising on automobiles in the AC zoning district. He indicates that the current regulation is difficult to understand and may be in conflict with provisions of LDR Section 4.6.7. He requested a change to clarify the regulation of displays on vehicles for sale. ANALYSIS: The current text of Section 4.4.10 prohibits the attachment of advertising items, such as flags and signs, to displayed vehicles, structures, or other features of automotive dealerships (light poles, etc.). Exceptions to those prohibitions, such as display of flags and window signs are listed in LDR Section 4.6.7. However, as the Code Enforcement Division is experiencing difficulties with enforcement due to a lack of clarity the attached amendment is proposed. V.F. . . P & Z Memorandum Staff ( "Ort (- Meeting of July 17, 1995 LOR Text Amendment - Section 4.4. 1 O(G)(5)(c) Page 2 The changes to Section 4.4.10(G)(5)(c) are suggested by the City Attorney's Office to clearly specify the prohibited items and locations. The proposed text specifically forbids the display of any advertising, flags, pennants, streamers, balloons, signs, or vehicle stock numbers on any vehicle or equipment, except required information on a sticker affixed to a side window. Display of similar items to attract the public's attention is also prohibited on the dealer's lot, buildings, or vehicles. Exceptions to those regulations are specified in Section 4.6.7. RECOMMENDED ACTION: By motion: Recommend approval of a text amendment to LDR Section 4.4.10(G)(5)(c) to restrict advertising on automobiles, as attached in this report. Attachments: o Letter of request Report prepared by: Jeff Perkins. Senior Planner Date 7/11/95 . ' .' ' C" (' MEMORANDUM TO: David Tolces, Assistant City Attorney THRU: Lula Butler, Community Improvement Director FRO"! : Richard Bauer, Code Enforcement Administrator SUBJECT: LOR SECTION 4.4.10(G)(5)(C) DA'.t'E: May 18, 1995 Subject code section is the anti-gimmick ordinance enacted by the City for the AC district. As we previously discussed, the wording of subject section is poor in that words or phases have been omitted. In addition, the prohibition against "flags, foreign flags" contradicts sections 4.6.7(B)(12)(a)(1) and (2). Below, I have included the ordinance section as it currently reads and below the above, my proposed revision. 1- Current Ordinance (c) No advertising, flags, foreign flags, pennants, streamers, balloons, signs upon any vehicles, prices or vehicle stock numbers, or other information as required to be posted on such vehicles by law other than upon a sticker affixed to a side window, or similar objects, gimmicks, or advertising designed to attract the public's attention off-site shall be displayed outdoors, or upon any building, vehicle, or wall, other than inside a window as may be permitted by Section 4.6.7. 2. Proposed Ordinance (c) Except for information required to be posted on vehicles by law and except for information displayed on a sticker affixed to a side window, no advertising, flags, pennants, streamers, balloons, signs, prices or vehicle stock numbers shall be displayed on any vehicle or equipment; similar objects, gimmicks, or advertising designed to attract the public's attention off-site shall not be displayed outdoors on any lot, building, vehicle, or equipment except as permitted by Section 4.6.7. If you agree that the current ordinance is jumbled up, you might want to discuss my proposed revision with the Planning Director. RB:mh . ' . ~ . .~..1: ~., -sa.. ....-..t 1!¡f '- .... !"" .. MEMORANDUM ,... :: .¡; :;.;'" ":"1.' !:-;;- TO: MAYOR AND CITY COMMISSIONERS --.. CITY MANAGER t?vi .. ,.' FROM: ---. .. ' 10. J( - MEETING OF 'SEPTEMBER 5. ~. SUBJECT: AGENDA ITEM i 1995 ;.;.- -,.-..- SECOND READING/PUBLIC HEARING FOR ORDINANCE NO. 46-95 ¡(PLATTING REOUIREMENTS AND PROCEDURES) .'. " AID2 ~...- ...... ,ADOPTION OF STANDARD SUBDIVISION FORMS .' ...... DATE: SEPTEMBER 1, 1995 : . ' This is second reading and public hearing for Ordinance No. 46-95 which amends the Land Development Regulations relative to platting ..;, requirements and procedures. The intent is to correct problems '. " concerning interpretations and application. '~:',- ~. The Planning and Zoning Board formally reviewed this amendment on ..- April 17, 1995, and voted 5 to 0 to recommend that it be adopted. ,. At first reading August 8, 1995, the Commission passed the . . on ordinance by a vote of 4 to O. In addition, to assist applicants in the preparation of plats and agreements for subdivision improvements, staff has developed a uniform set of "Standard Subdivision Forms II . These standardized forms are attached and should be adopted as a separate item. .. Recommend approval of Ordinance No. 46-95 on second and final reading and, by separate motion, adoption of the Standard ' , Subdivision Forms. S ~ ~-+~ t'... o I!.iJ I fJ Ifn(! £ '-", - 9.5 /}¡:Jp~()W lI-ö Sit a :..:... ~ u /':~;.. ;:::Oems ItOop-Iw Lj-o -. :~~ ... ;. -~ , ref:agmemo17 . . Of< ~ CITY COMMISSION DOCUMENTATION. TO: DAVID T. HARDEN, CITY MANAGER ~ THROUGH: DIANE DOMINGUEZ TOR OF PLANNING & ZONING ~fda4.- FROM: OHN WALKER, PROJECT COORDINATOR SUBJECT: MEETING OF AUGUST 1, 1995 AMENDMENT TO LDR SECTIONS 2.4.3(JI). 2.4.3(K.). 2.4.4(E). 2.4.5(L). 2.4.9(C). 2.4.10. 5.1 and 5.2. REGARDING PLATTING REQUIREMENTS AND PROCEDURES ACTION REQUESTED OF THE COMMISSION: The action requested of the Commission is that of adoption of amendments to the Land Development Regulations (LDR) relative to platting. BACKGROUND: The proposed amendments to the LDR regulations regarding platting are intended to correct problems related to interpretations, and application. Several deficiencies are noted in the existing regulations: * There are insufficient exemptions to the requirement for platting of small projects. * The purpose and requirements for platting are insufficiently explained. * Clearer descriptions of the procedures for plat recordation, financial guarantees and the format of plats are needed. * An expiration date for approved but unrecorded plats is needed. To correct the deficiencies, several revisions are suggested to the LDRs as shown in the attachment in strike-through (deletion) and underline (addition) form. These suggested amendments will maintain the benefits of platting, while providing relief to unnecessary and burdensome regulations. In addition, to assist applicants in the preparation of plats and required procedures such as bonding, staff has developed standards for the form and format of plats, financial guarantees, inspection fees, and project completion items. . City Commission Documentation Amendment to LDR Sections Regarding Platting Requirements and Procedures Page 2 PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board formally reviewed this item at a public hearing on April 17, 1995. No public testimony was received. The Board voted unanimously (5-0) to recommend approval of the LDR text amendments. RECOMMENDED ACTION: By motion, adopt the LDR text amendments within the attachment. T:\ADV ANCED\SUB5 . , , , \ , -- - . ( , c' I ) -- --- -. -- --, .. -- -- ORDINANCE NO. 46-95 .. -.-, .~ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF -,. DELRAY BEACH, FLORIDA, AMENDING SECTION 2.4.3(H), "SUBMISSION (PLATTING) ITEMS", SECTION 2.4.3(K), .... II FEES II , SECTION 2.4.4(E), "EXPIRATION OF APPROVALS", SECTION 2.4.5(L), "MODIFICATION TO RECORDED PLATS", SECTION 2.4.9(C), "RECORDING OF PLATS" , AND SECTION 2.4.10, "FINANCIAL GUARANTEES" , OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, REGARDING PLATTING REQUIREMENTS AND PROCEDURES; AMENDING CHAPTER FIVE, "SUBDIVISION REGULATIONS", OF THE LAND DEVELOPMENT REGULATIONS BY REPEALING ARTICLE 5. 1, "GENERAL PROVISIONS", IN ITS ENTIRETY, AND ENACTING A NEW ARTICLE 5. 1, "GENERAL PROVISIONS"; 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 April 17, 1995, and has forwarded the change with a recommendation of approval by a vote of 5 to 0; 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, IIAdministrative Provisions II, Article 2.4, "General Procedures", Section 2.4.3, "Submission Requirements", Subsection 2.4.3(H), "Submission (Platting) Itemsll, of .. the Land Development Regulations of the City of Delray Beach, Florida, .·1' be, and the same is hereby amended to read as follows: (H) Submission (Platting) Items: A preliminary or final plat shall contain the items identified in the following subsections. All plats shall be drawn at a scale of 1"=20' or 1"=30' unless a different scale is allowed, in advance, by the City Engineer. All plats shall be drawn on a sheet which is 24" by 36". (1) The Preliminary Plat: A preliminary plat shall be clearly titled "Preliminary Plat". It must encompass all of the land which is under the legal description contained in the warranty deed(s) and shall show the following information: .,' I . ' ,. t ( \ .-. (a) Items 1-5, 6-9, 20 and 21 of the Standard Plan Items listed in Section 2.4.3(B). (b) The name and location of adjacent subdivisions and lots. (c) All existing easements (recorded or apparent) and existing (internal) property or lot lines along with notations as to the purpose of the easements and reference of their recording instrument. Existing easements and lot lines which are to be removed, abandoned or relocated shall be shown in dashed lines. (d) The proposed boundary lines of new lots and tracts and easements. All such lines shall be dimensioned and the purpose of easement and of restricted use lots and tracts shall - ' ,. be identified. (e) All streets shall show proposed street names. (f) The proposed location of street trees shall be shown if the subdivision is not associated with a site plan or landscape plan submission. A separate exhibit shall show street tree specifications and planting details. For small subdivisions, the street tree plan may be submitted in the form of a narrative. ( g) The proposed location of street lights shall be shown if the subdivision is not associated with a site plan or landscape plan submission. A separate exhibit which identifies the type of street lights and the responsibility for installation and maintenance shall be provided. (h) If all of the land is not to be subdivided into individual lots but retained in a future development tract, the preliminary plat must show the general location of the anticipated street pattern, routing of utilities, points of access, and the proposed use for such tracts. - 2 - Ord. No. 46-95 . ' , i I - - - - (i) A dedication statement shall be provided...../ )iøw¢ý¢t 1 / 1.'t- /'Þ¢¢~ /'Þø't- /~¢ / _)iØW'Þ /ø'Þ /'t-)i¢ /Pl.ø.'t- _)i¢¢'t-/ The dedication shall be in the format -, shown in V1.W~t¢/7/_/~~f' the City Subdivision - Forms. Variations can be made to accommodate ,. unusual situations; however, such variations - must be first agreed to by the City Engineer. ." When the dedication statement provides for - common areas, a separate narrative is to be ,..-, · :.~ provided which describes the proposed method - of ownership and maintenance. · . ~~ ,"."1 (j) A _ti'Þø.~~t¢/~l.ø¢~/_)iø.~~/~¢/ptøýt~¢~//)iØw¢ý¢tl :-;;1 -:;r ~;... t't-/'Þ¢¢~/~ø't-/~¢/_)iøW~/Ø~/'t-)i¢/p~ø.'t-/_)i¢¢'t-///1)i¢ ~ signature block shall be provided in the ~.,.. -- format shown in V1.9~J; /7/~/1~f7 the City ,::i Subdivision Forms. Vti~t¢/'/./~/'$'ltf1. " $1~~~~~~/~~~J~~1JØ~/$1~1~~~~1 , · ~ Jð~~J~~1JØ~1 -_. , J~ØW/~~~/~~~/~1/1'1t~$~/'~~$~~1$1/'t-)iø.~/LLLØWØér'_/Ø_~é/áØd/áØØtøØrt_~~L ;4 Ltdéft~žfžøá~žØ~/ø.t¢/1._/~)i¢/Øw~¢t/øt/'t-)i¢/~ø.~~/ø._/_)iø..p~/Ø~/~)if._/p~ø.~1 ~¢1.~i/1.~/'t-)i¢/////////øt/$¢¢'t-tØ~/LLLI/1Øw~_)itp//////////I/~ø.~W¢//////1 ,ø.~¢/~¢ø.¢)i/~Ø~~~ýl/V~Øt1.~ø.I/~¢_¢tf.~¢~/ø._/tØ~~Ø..p_1 Iø.J / /f.~_¢t~ / /¢¢~¢_ / /ø.~~ / /~Ø~~~_ / /~¢_¢t1.P~f.ø~ / /øt / /pt¢ýf.ø~_ _~~~1.ýt_tØ~I/~~Ø¢~/ø.~~/l.ø~/~¢_¢ttP't-f.ø~_/ø._/t't-/ø.pP¢ø.t_/Ø~/'t-~¢ ..p__ttø.~~ý /~¢¢~_ /..p~t¢)i /)iø.ý¢ /~¢¢~ /Ptøý1.~¢~ /wf.~)i /~)i¢ /~ø._t¢ _~~¢f.__1.ø~ 'Øt¢1 //~~ý /~ttt¢t¢~¢¢ /~ø~..pø¢~ /w)iø.'t- / 1._ /_)iøw~ /ø._ /t)i¢ . p¢tf.¢¢~¢t /øt /~)i¢ /pø.t¢¢l. /ø.~~ /w)iø.'t- /t_ /~¢_¢t1.~¢~ /f.~ /~)i¢ wø.ttø.~~ý/~¢¢~l_J/¢~_t/~¢/t¢_ø~ý¢~/øt/~øt¢~/ ~~Y~/~~~$~Ø/$~JØ/~~~~$/1Ø/~~/$~~Y~1~Ø/~'~/'~~11~Ø/~$/$'ltØW~/'It~~~Ø~/~$ 1'1t~////fm_~é/øf/ø~~dŽÝŽBŽØftY////~'~/V~~1~~~/~~ØJ~~1~$/~$/VØ~~ØW$I IVØ~~Øwf.~W//ø.t¢//¢~ø.¢p~¢_//..p)i1.¢)i//_)iø~~~//~¢//¢ø~f.t1.¢~I//ø._ ø.PPtøpt1.ø.t¢I/'t-Ø/t)i¢/_~~~1.ýt_1.ø~J 1~~1/7~7/f._/)i¢t¢~ý/~¢~f.¢ø.'t-¢~/tØ/t~¢/1~f.~ý/Øt/Ø¢l.tø.ý/~¢ø.¢)iJ I~Ø~~~ý/øt/,ø.~¢/~¢ø.¢)iJ/ø._/p~~~f.¢/t1.i)itfØtf..pø.ý/tØt/_~t¢¢~/ø.~~ ~'t-f.~ttý/p~tPø_¢_/ - 3 - Ord. No. 46-95 I " , . I t ;:.. f ( I ': ',., 1UØ1 / '~' /1-. IYt¢t¢"Pý 1~¢~1-¢;{t¢~ ItØ /tYt¢ /ø1-tý /øf. /VJ¢'1-t;{ý /~¢;{¢Yt f.øt/;;{t~/;~t;øø¢øJ 1UØ1 1'If/.' /1.ø /Yt¢t¢"Pý /~¢~1-¢;{t¢~ /tø /tYt¢ / / / / / / / / /tlø¢¢øwJi¢tø, . ~øøø¢1-;{t1-øJi/;{ø/;{/;t1-ý;{t¢/øtt¢¢t/tØI"P¢/ØwJi¢~/;{Ji~/¢;{1-Jit;{1-Ji¢~ :~ "Pý/ø;{1-~/Jøøø¢1-;{t1-øJiJ ~ 1UØ1/ 'VJ'I /tø/Yt¢t¢"Pý /~¢~1-¢;{t¢~/tØ/tYt¢/ / / / / / / /Jøøø¢1.;{ttø-,i/;{ø/;{ ~- ~;{~¢/";{Ji;{~¢¢¢Jit/1t;{¢t/tØI"P¢/¢;{1-Jit;{1-Ji¢~/"Pý/ø;{1-~/Jøøø¢1.;{t1-ø-,i ~ _1-tYt/;{/~¢~1.¢;{t¢~/t1.~YttfØf.f;{¢¢¢øø/tØ/tYt¢/~ø~tYt/''1-øt1.~;{/~;{t¢t- ";{Ji;{~¢¢¢JitIVJ1.øtt1.¢t/f.øt/'1-;{~¢/¢;{Ji;{~¢¢¢Jit/;~t;øø¢øJ 1UØ1~//'~YII/Y'Y//;{Ji~//YØY/I;{t¢//~¢~1.¢;{t¢~//tØ//tYt¢/////// Jøøø¢1-;{t1-ø-,i/;{ø/;t1-ý;{t¢/;;{t~ø/tØ/"P¢/Ø_Ji¢~/;{Ji~/¢;{1-Jit;{tJi¢~/"Pý :~ ø;{1-~/JøøØ¢t;{t1.øJiJ ; :-";" 1Uf/.1/'tlY/1-ø/JiØt/;{/;;{tt/Øf.ltYt1-ø/;'1-;{tJ//11ØI"P¢/~ø¢~I/;~tø~;{Jit ~; tø /'J~J /'77JØ~'1~~J /_Yt¢Ji /;{Ji /1-Jit¢t1-øt /l¢~1..t1.Ji~J I'1-Øt /øt j ;;{t¢¢'1-/1-ø/-,iøt/;{/;;{tt/øf./tYt¢/.~"P~tý1-øtøJiIJ J ~Ø1~/'/1t1~Ø~Øtl/~ØI/1~Ø~~~1Y~I/~~ØØ~/'/;{Ji~/~Ø1~/'/1t1~Ø~Øtl/~~I¡ 1~f/.~Jð~1Y~1 /~~ØØ~ /~I /;{t¢ /;'1-;{tt¢~ /f.øt /;ttý;{t¢ 1;~t;Øø¢ø /;{¢ , ;{'1-'1-ø_¢~ /;~t¢}6.;{-,it /tø /~ø-,i1.Ji~ /;{¢ /~¢ø1.~-,i;{t¢~ /"Pý /tYt¢ /øttý /øf. VJ¢'1-t;{ý/~¢;{¢Yt/øf.t1.¢1.;{'1-/~øJi1-Ji~/";{;I; J~Ø~Ø/~11t1/1t1~/'Ø~~Ø~1~Ø/~~~~~~~1~1 J'1-'1-/_;{t¢t/;{Ji~/ø¢_¢t/¢;{.¢¢¢-,itø/¢Ytøw-,i/Yt¢t¢øJi/;{t¢/¢;{~¢ltØ/tYt¢ ø1.tý/øf./VJ¢'1-t;{ý/~¢;{¢Yt/f.øt/t';1¢/;~t;øø¢/øf./;{¢¢¢øøltØ/;{Ji~/t¢;;{1.t øf./;{Ji~/1-Jiøt;{'1-'1-;{t1-øJi/øf./_;{t¢t/;{-,i~/¢¢w¢t/¢;{1-Jiøl ,_ J¢¢¢øø /¢;{ø¢¢¢Jitø /1' /;{-,i~ /I~ /;{t¢ I¢;{~¢ /tø /tYt¢ /~¢Ji¢t;{'1- /;~"P'1-1-¢ f.øt/tYt¢/;~t;øø¢/øf./;{¢¢¢¢ø1-Ji~/tYt¢/;~"P'1-1-¢/"P¢;{¢YtI 1';1¢ /~1-¢1-t¢~ /J¢¢¢øø /~;{ø¢¢¢Jit / l~~JJ / 1-ø /¢;{~¢ /tø It';1¢ /f/,ttý /øf. - VJ¢'1-t;{ý/~¢;{¢Yt/f.øt/t';1¢/;}6.t;øø¢/øf./;tø';11."P1.t1-Ji~/;{¢¢¢øø/"P¢t_¢¢Ji . ;{"P~tt1.Ji~ / '1-øtø I ;{Ji~/~;{~¢ / 1~;{/~Ø;{~J .1 ø¢-,i¢t;{'1-/Jðt1-'1-1.týllØJJðJJ/~;{ø¢¢¢-,itø/;{t¢/¢;{~¢/tØ/;{Jiý/;~"P'1-t¢/øt ;t1.ý;{t¢/~t1-'1-1.týl/ø~¢';1/;{øl"P~t/JiØt/'1-1.¢1-t¢~/tØI/øtØt¢/~t;{1-Ji;{w¢1 ø;{Ji1.t;{týlø¢_¢tl/¢'1-¢¢tt1-¢I;Ø_¢tl/_;{t¢t/ø¢tý1.¢¢I/~;{ø/ø¢týt¢¢¡ t¢'1-¢PYtøJi¢/~1-Ji¢øJ ~~¢'1-~ø1-ý¢/Jðt1-¡ttý/l~/Ø/J/~;{ø¢¢¢-,itø/;{t¢/¢;{~¢/tØ/tYt¢/ø;¢¢1-f.1.¢ ø¢tý1.¢¢/;tøý1.~¢t/;{ø/1.-,i~1.¢;{t¢~/Yt¢t¢ø-,i/ - 4 - Ord. No. 46-95 . ' - -- ..- ...:;: t .- - .- - :: ~ - . - ~ .. ;lJf /Jf;l1Jf~$$ /Jftf~Jl~øY, /tii¢ /;''Pøý¢ /1i;'pt¢~ / / / / / / / / / / / / /ii;'¢ /¢;.}!¢¢~ /tii¢¢¢ Ft¢¢¢1it¢/tØ/'P¢/¢tw1i¢~/tiit¢////////~;'ý/Ø1/////////'/1~LLL/ .-_. ... - - YtW}!t¢/'/./f,/'/Jtff'/. . .. $1~JfØ~JlØ/l~"JlØY~~J/$;røJf~1~Jl~/'~ØØ~ 1tf;l$/'~~1/ØY/1tf~/LLf~ámØ/Øf/_~'P~iýigiø~YLL/Jf~$/~"JløY~Ø/øJf/1tf~/LLL/Ø~1 Ø'//////////'/~/Ø//1~LLL'/~1/1~~/Ø¡11/øø~~;r$$¡øJf/Ø'/1~~/ø;r11/øY/Ø~~~1 J5~~øtf,/,~øJl¡Ø~/ ////////////////////////////// ~11~$11/////////////////////////// ~1ØJl f/,¡11/Ø~~Jl~ ~JfØ/Jl~Y¡~Jf~Ø'/~~~~'1~Ø/~Jfø/~~Jl1;rY¡~ø/J511 ////////////////////////////// ////////////////////////////////// øtt¢¢tøt ~ii;.ttF¢t¢Ø1i'/'~;'1i1it1iW/;'1i~/~Ø1it1iW ////////////////////////////// ////////////////////////////////// ~;it¢1/J5}!t~~t1iw/Ø11t¢t;.~ Ytt¢/~iit¢1/l1J ////////////////////////////// ////////////////////////////////// øtt¢¢tØt/Ø1/~tt~ttt¢¢/l'/.J øtt¢¢tøt,/,;.t~¢/;'1i~/Jl¢¢t¢;.ttØ1i/l'/.J l1J//Jl¢~}!tt¢~/Ø1i~ý/~ii¢t¢/tii¢t¢/t¢/;'/¢tt¢¢t/1i;.¢¢/øt/;./¢ii;'~w¢ t1i/;.~~t¢¢¢t1iwl/~Øt/t¢~}!tt¢~/tøt/'Pø}!1i~;'tý/~~;.t¢/ Jl¢~}6.tt¢~ /Ø~l.ý /~ii¢~ /¢;'¢¢¢¢~t¢ /;.t¢ /FtØýt~¢~ /1Øt /~;'t¢t ;'J'i~/øt/¢¢~øt/¢¢týt¢ø¢J - l'/.J//JlØ~}!ttø~/Ø~l.ý/~;i¢~/l.;'J'i~/t¢/~ø~t¢;.tØ~/1Øt/~;'t~¢/F}6.tFØ¢Ø¢ øt /F;.t~~;'ý¢ /;.tø lØtØýt~ø~ /tJ'i /øt /;.~øJ'iw¢t~ø I;' /~}6.16~t¢ ¢ttøøt/ :~ (2) A Final Plat shall be drawn at a scale of 1": 20 I or 11/ : 30 I . Individual sheets, their size, marginal lines, and other drafting considerations shall comply with requirements of Palm Beach County for the recordation of plats. Where the final plat requires more than one sheet, each sheet shall be keyed to a master map. The final plat shall show the following: (a) A map showing the location of the subdivision with respect to Section or Government lot lines. -.- (b) A title block as provided on the preliminary plat. - 5 - Ord. No. 46-95 . , ¡' ,=' f ) ~~. . . ..... (c) Boundary lines drawn in compliance with F,S. 177, Land Boundaries. - 8 .... (d) The accurate location material of all permanent :r reference monuments. ; ;j! .:¡ (e) The exact layout, including street and alley :~ lines, street names, bearing angles of:: intersection and widths (including widths along .~. the lines of any obliquely intersecting street), ~¡, lengths of arcs and radii, points of curvature and j tangent bearings, all easements or rights-of-way:: where provided; all lot lines with dimensions in :t feet and hundredths and with bearings or angles øt $ if other than right angles to the street or alley ~ 1, ~ ~nes. ~ ~~! (f) Lots numbered in numerical sequence beginning with i number one in each block, and blocks numbered in 0" numerical order or lettered in alphabetical order. ,; (g) The accurate identification of all property which ~ is to be dedicated or reserved for public use ,7 including open drainage courses and easements, and ~ all property that may be reserved by covenants in deeds for the common use of the property owners in _ the subdivision with the purposes indicated __ thereon. .~ (h) Mortgagee statements of consent. in the format provided in the City Subdivision Forms. (i) Title Certification by an attorney-at-law or title company. in the format provided in the City Subdivision Forms, (j) Standard Dedication Statement. in the format provided in the City Subdivision Forms. (k) Standard Signature Block. in the format provided in the City Subdivision Forms. (1) Surveyors Certificate attesting to the accuracy of '. . - the survey and the placement of permanent reference monu~ents. in the format provided in the City Subdivision Forms. , i·~ - 6 - Ord. No. 46-95 . ' ,,". . -- ¡ .. ';.... .. ( ... ... . 40_. -. .'. ..- (m) Name of the subdivision centered at the top of the -. page and a north arrow with scale. Seotion 2. Tha t Chapter Two, "Administrative Provisions", .. -- Article 2.4, "General Prooedures", Section 2.4.3, "Submission .. Requirements II , Subsection 2.4.3(K), II Fees II , of the Land Development .:.:.. Regulations of the City of Delray Beaoh, Florida, be, and the same is !;... " hereby amended to read as follows: -- ,- ~ '" (K) Fees: Prooessing fees shall be colleoted for :1:' '~:t development applioations. The fees shall be as established herein and ~ as modified by ordinanoe of the City Commission. Jtøýt_ø~ /tøø_ /;.tø :~ ~Øt~;'¡¡1/Ø_t;.~¡t_~Ø~/¢Ø~¢~ttø~t/~tt~/;.~øPttø~/øt/t~Ø/~~~wøt/tøt/ø;.¢~ :¡¡ tt_¢;'¡/1Ø;.tl ""'~ ... ~:: ( 1) Development Applications: ,ø;; /;._;ø¢t;.tø~ /wtt~ ," ~ .", , ; The followinc¡ fees shall be charc¡ed for development applications ;.tø ;'Pp¡t¢;'~¡Ø/pøt/t~Ø/t¢¡¡¢wt~W· All fees are cumulative and separate ~;.t"- I unless otherwise indicated. Combined applications shall provide ~.i multiple fees. ... (a) Comprehensive Plan Amendment $ 2,000 ~ì 'M $ 1,000 .:i (b) Review of an ADA/DRI :.t .- (0) Voluntary Annexation with Zoning $ 1,000 .." (d) Rezoning of Land $ 900 ,. (e) Modification of a SAD Ordinance ,'" to add a use or uses $ 450 . . (f) Conditional Use, new applioation $ 450 Modification requiring Board review $ 200 ; Modification with Administrative review $ 50 $ 500 (1) _.... (g) Master Plans ,. (h) Formal review of a Sketch Plan $ 500 [Section 2.4.1(B)] " ,. " (i) JUJCJC RESERVED (j) Site Plan Review, new application $ 500 ( 1 ) (includes landscaping plans and architectural elevations) Modification requiring Board review $ 500 Modification with Administrative review $ 50 - 7 - Ord. No. 46-95 . : ,- , ;;. -:'-1 :3: ( ) . ~.,.. .:::. .,.;,¡. ~~ ~ .' - -... ;~; ..' ê/': .~ L .. .. ~ (k) Extension requests for a previously ~~ approved conditional use or site plan -- - (only one fee is required if both items ' . ,- are being extended for one project) .. -- project has commenced construction $ 150 - no construction $ 500 --. -- .;) (1) Plats Boundary Plat or Minor Subdivision $ 300 ~ , Preliminary Subdivision Plat $ 500 (1) .~t Final Subdivision Plat $ 1,000 Combined Preliminary & Final Plat $ 1,000 ( 1 ) :i ..... ..., Plat Recording Fee ..L.J..l ',; ; ~ (m) Abandonments .. ..,,! .~ Right-of-way $ 500 ,. ~'t General Easements $ 200 ¡ Specific Easements $ 50 "'" >; (n) Master Sign Program $ 100 1 :a;. ;J, (0) Variance through the Board of Adjustment 'i ~ or the Historic Preservation Board $ 150 ;j ~~ (p) Formal interpretation by the Boarå of .3Þ '~.;.:.. ..~ Adjustment $ 25 ., ..,.. .. (q) Certificate of Appropriateness by Board $ 25 ( 2 ) (r) Certificate of Appropriateness by .~ Administrator $ -0- (s) Request for Historic Designation $ 25 (t) Hearing before the Board of Construction ., Appeals (per item) $ 25 .' ( u) Temporary Use Request involving City , Commission action $ 100 - (v) Water Service Agreement Request ; -- without concurrent site plan $ 100 -- with èoncurrent site plan $ -0- > 'J - - 8 - Ord. No. 46-95 . , . - -- f - . -- ,.. -, ,- .., BOTES: ,_. .- (1) Plus an a~dditional fee of $100 per acre. or any . . fraction thereof. beginning at 5.01 acres, ~Ø~/~øý ..:.!.. tt_¢ttø~/t~ØtØØtl up to a maximum of $3,000 per = project. .-. .' (2) This fee shall be credited against any other '-. .-::';f ,... processing fee which may be applicable to the -- request. <, ,., ~" :.:t .Lil 830.00 for the first sheet of the plat. 815.00 for ?£ " each additional sheet. or as modified from time to .....,. time by Palm Beach County, payable to Palm Beach :-:; -" County. ~~ ~ ~ ,~ (2) Plan Check Pees: Plan Check fees are required for a ~ project whose proposed construction exceeds $20,000 and when building ~ plans are required by Section 105.3 of the Building Code. ,,,.. .", !,!:, . :-;¡., (a) The Plan Check fee shall be paid when building '..p,. '# plans are submitted to apply tøt /;'PP1.t¢;.ttø~ for ~ the applicable permit. The fee shall be equal to , one-half (1/2) of the building permit fee [see ;j¡ ~I: item (3)(h»). This Plan Check fee shall be ~1· credited to the cost of the applicable permit at its time of issuance. .i , < (b) A Change to Plans or Shop Drawings Fee of $15 for ,. the first sheet plus $1. 00 per each additional sheet shall be charged for any plans not submitted with the original permit application. Section 3. That Chapter Two, "Administrative Provisions", ~ ~~ Article 2.4, "General Procedures", Section 2.4.4, "General Procedures J Pertaining to Approval of Land Use and Development Applications", Subsection 2.4.4(E), "Expiration of Approvals" , Subparagraph 2.4.4(E) (4), "Abandonments, Final Plats, Variances", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: - , (4) Abandonments, Final Plats, Variances are final . actions which run with the land. However.¡.I I;' /ttJ!;'l. /Pl.;'+¡' ¡-¢;'ý /J¡S; ý;.¢;.t;~/J¡Sý/;.¢+¡.tø~/øt/t~;/~ttý/~Ø¢¢t__tø~/r~øø/~ø¢ttø~/~/~/'l~JlJ¡SJl/ -. , - 9 - Ord. No. 46-95 ,. . . I ,~ .. ( - .-.... · -_. " - > l..ù Once approved by the City Commission. the final plat must be recorded within ei9hteen (18) months. If the final plat is not ,- recorded within ei9hteen (18) months. the .; ~... aDDroval expires. ... - ~ 1.1ll A final plat may be vacated by action of the - ¡. City Commission rSee Section 2.4.5lL)1. ~. --:: Section 4. That Chapter Two, "Administrative Provisions", ·i ".'': Article 2.4, "General Procedures", Section 2.4.5, "Procedures for ;'-3 Obtaining Development Approvals", Subsection 2.4.5(L), "Modifications :! to Recorded Plats", of the Land Development Regulations of the City of -~ Delray Beach, Florida, be, and the same is hereby amended to read as follows: · (L) "Ø~~t~¢_t~ø~ø/tø Vacation of Recorded Plats: ~~ :± (1) Rules: J -'~ :::. :¿ l_J//"Ø~~t~¢_t~Ø~øl .. , ... -", 1 ~/¢¢~ttt¢_tt¢~/t¢/_/tø¢¢t~Ø~/p~_t/¢_ý/~Ø ,,. :;0 ¢_~Ø/~ý/_/ØØp_t_tØ/~Øi_~/t~Øtt~¢ø~t/~~Ø~ --- ø~¢~//¢¢~ttt¢_tt¢~//t~ý¢~ýøØ//¢~~t//t~ø · .. .. ~¢¢_tt¢~ /_~~/¢t /p~tP¢øø /¢t /Ø_Øø¢ø~tø, t~ø /øt_t~ø /¢t /pt¢pøttt /~ø~t¢_tø~ /t¢t p~~~t¢/¢t/pttý_tØ/~ØØ,/¢t/~¢tøØ/t~øtø¢~¡ 1~Ø/~ttt/¢t/Øø~t_t/~Ø_¢~/¢~øt/~Ø/_/p_tty t¢/Ø~¢~/øØp_t_tØ/~Øi_~/t~øtt~¢ø~t¡ · 1 ~~ý//¢¢~ttt¢_tt¢~//t¢//_//tø¢¢t~Ø~//p~_t ~~t¢~/t~ý¢~ýøØ/t~Ø/~Øi_~/~ØØ¢ttptt¢~/¢t _/p_t¢ø~'/t~¢~~~t~i/_/¢~_~iØ/t~/~¢¢_tt¢~ '; ¢t/_/~¢t/~¢~~~_tý/~t~Ø,/ø~_~~/tø~~ttØ/_ .. tøp~_t,/¢t/_t/~Ø_Øt/t~_t/p¢ttt¢~/¢t/t~ø " ¢ttit~_~/p~_t/~~t¢~/tØ/_ttø¢tø~¡ ,- (ø.)S) Vacation: A plat, or any part of a plat, may ,~ be vacated by the owner of the land at any time prior to the sale of ..~ any lot therein provided that the vacating is approved by the City ~ :.~ Commission. When lots have been sold, a plat may be vacated only if all the property owners join in written execution of such in writing. - (2) Required Information: The following information .. · must be submitted in order to ~¢~ttý/¢t vacate a recorded plat: , .. - 10 - Ord. No. 46-95 '. . , - t ~- * Proof of ownership pursuant to 2.4.3(A)(3) * A certified copy of the plat which is to be ØØ~~~~Ø~/øt vacated * A petition, by letter, stating the action which is :::. sought and the basis therefore ,. * The legal instrument which is to effectuate the t øø~~~~¢;'t~øÝ1/ /øt vacation. 1.Ý1/ /tþ1;/ /¢;.¢;/ /Ø~ / I;' ,0;. øø~~~~¢;.t~ØÝ11 I;' /~øtø;'J /t;øøJ~t~øÝ1 /Ø~ /tþ1; /~~ti ~ ~øøø~øø~ØÝ1/Ø;'i/~tØý~~Ø/t~;/;.~~tø~t~;.tØ/~Ý1øtt~øøÝ1t/ _ (3) Procedures: A request for øø~~~~¢;.t~øÝ1 / /øt :: vacation of a recorded plat shall be accomplished in the following manner: ~ (a) Submission of required information received 1 and certified as being complete. _: (b) Review by the Planning and Zoning Board with ,'- respect to appropriateness of the proposed ~,: action and its implications on ~ public' s ~~ rights in any of its public uses, ~ improvements, streets, etc. ~ (c) Review of the proposed legal instrument which will effect the øø~~~~¢;'t~øÝ1/øt vacation with '~ respect to form by the City Attorney. : (d) Consideration by the City Commission at which time the request may be approved or denied. (e) ~ø¢øt~;.t~øÝ1 Recording of the legal instrument -~ pursuant to procedures as set forth by the City Clerk. ,,~ (4) Conditions: A øø~~~~¢;."t~øÝ1/øt vacation instrument .~ may not be conditionally approved; however, said instrument may contain provisions which require the applicant to mitigate adverse ., ~ø~J~¢;.t~øÝ1¢ impacts associated with the r;.ø~f.~f.¢;."tf.ø¢/øt vacation. (5) Findings: Prior to approving a r;.ø~f.tf.¢;."tf.ø¢ /"tø, -- øt vacation of a recorded plat, the City Commission must find that the abandonment of any affected public interest which had been created by the plat or any public improvement which was to have been provided in implementation of the plat, but which would not now be required, shall not have a significantly adverse impact upon the City's ability to :> obtain, retain or maintain public facilities or tests of concurrency. - 11 - Ord. No. 46-95 . , ~ . ' « ! Section 5. That Chapter Two, "Administrative Provisions", : Article 2.4, "General Procedures II, Section 2.4.9, "Certification of ::. Actions Taken", Subsections 2.4.9(C) and (D), of the Land Development .. Regulations of the City of Delray Beach, Florida, be, and the same is J hereby amended to read as follows: ~ ,.. ,. (C) Jø¢øt~_t~øø Recording of Plats: .... ,,] (1) Financial Guarantee Required: Upon approval of :1 the final plat for a subdivision, a reproducible mylar of the plat .." shall be executed by the Mayor and other appropriate officials. The :1 signed mylar shall be retained by the City Engineer until ~ :f recordinq fee r2.4.3(K)1 and a financial guarantee (2,4.10) for the :! installation and/or warranty of public improvements has been filed..:: (2) ~pp~t¢_~t'_///Jø_Pø~_t)t~ttt///tØ///Jø¢øt~ ~] Recordinq: Upon release by the City Engineer, the City Clerk .~ _~~~~¢_~t/tøt/_§ø~tJ shall cause the final plat to be recorded in the ~J public records. 1~Ø/_~~~~¢_~t/_~_~~/t~Ø~/ptøý~~Ø/t~Ø/~~tý/~~øt~/~~t~ 1 tø~ /¢Ø~~ø;. /¢f. /t~ø /;.~§~ø~ /~~_t /pi_t~ø~ /~~t~ /~t;. /tø¢øt~_t~ø~ /~]4pi)zSØt/:k Building permits shall not be issued for structures until such time as .! the plat has been recorded. ¢ø~~ø_ /øf. /t~ø /tø¢øt~ø~ /p~_t /~_ýø /)zSøø~ ;! ~tøýt~Ø~/tØ/t~Ø/~ttý/ ~ ,;;r ',' (D) Recording Other Documents:Jø¢øt~_ttØ..f Whenever ~ documents are to be recorded as a condition of approval, the applicant J is responsible for recordation and providing certified copies of the recorded document to the City Clerk in a number as prescribed by the Clerk. Recordation of official City documents (e.g. a Resolution of Abandonment of an Easement) shall be made under the auspices of the City Clerk. ,. Section 6. That Chapter Two, "Administrative Provisions", Article 2.4, "General Procedures", Section 2.4.10, "Financial Guarantees II, of the Land Development Regulations of the City of Delray :~ Beach, Florida, be, and the same is hereby amended to read as follows: Section 2.4.10 Financial Guarantees: This section sets forth the ' parameters and procedure associated with providing a financial guarantee to insure the timely and proper installation of public improvements which are required to support the proposed development. (A) Iteas which require a financial quarantee: Any improvement for which the City will assume responsibility or which is' necessary to adequately provide service to, or on, a site shall havet provisions for guaranteeing its installation and that it properly functions. Such improvements include, but are not limited to: i ,') - 12 - Ord, No. 46-95 . ' . ¡ ,- ,- f ') - - " .- '. .. ..- . ; * Water mains and fire hydrants . , .... * Sewer mains and lift stations .,' * Drainage systems whether publicly or privately .:.-.;. t,.... -" maintained ~.::.; * Street improvements whether on public or private ~~ stre~t systems '.. '. * Street lighting ;it * Traffic signal installation ¡f ,~ * Any improvement which is to be located in a public ~~:: '4 ....:':1' right-of-way "'';.I'f :-.t. ¡~ * Street trees ,.,. 3 * Landscaping pursuant to Subsection (G) :" '-1 ::r (B) Required in-lieu of iaproveaents: A financial --" ,:t.- 'oS guarantee be provided in lieu of installation of infrastructure ._-~ may .'" 1 improvements in situations where a developer desires to have a final 1 plat recorded or a site plan certified prior to installation of such .. :! improvements. Such financial guarantee must be prov ided to the City ." Engineer, in a proper form .tß)Á)6øø¢~tØJi/Øl (Subdivision Forms), prior ~ to the City Engineer releasing approved plat for recording ..- an ...., tø¢øt~_~tøJi or prior to the City Engineer releasing a certified site ~l plan to the Building Department pursuant to the building permit .-:¡¡ approval process. , :-J ,~ (C) Required for warranty: A financial guarantee shall be ~F required as a part of an agreement between the City and the developer to defray all expenses incurred by the City because of defects in materials or workmanship used in the required improvements. The guarantee shall be for a minimum period of one year after acceptance of the improvement. [172.40(B)(3)] ~ (D) Amount: The amount of a financial guarantee required in lieu of improvements shall be equal to 110% of the cost of the improvements as estimated by the developer and concurred with by the .. City Engineer. A financial guarantee for a warranty not associated with an in-lieu situation shall be for 10% of the cost of original installation. '- ., (E) Poras: A financial guarantee may take any of the following forms. However, each individual document must be approved '- by the City Attorney as to form. ... ~ (1) Surety Bond or other equivalent security : instrument, conditioned to secure the construction of the required .. .. improvements in a satisfactory manner within a one year time period. The bond shall be executed by a surety company authorized to do _-1 ~-i$ business in Palm Beach County. No such bond shall be acceptable . ,,1- unless it is enforceable by, or payable to, the City. The surety bond ''f shall be in the form provided in the Subdivision Forms. - 13 - Ord. No. 46-95 .. '. . . '. (, ~-.- '- ~ ,- .- · 7~ , .~ ~,:;. -- t (2) Deposit with the City in the form of cash, cash placed in escrow, a cashier's check, or a certified check. .- ... ,- (3) Letter of Credit established with a financial ~.-- institution wherein the City has to funds in the event it -" access becomes necessary for the City to complete installation and/or -+ :.t maintenance of the improvements. The letter of credit shall be in the ~.4 "Ì form provided in the Subdivision Forms. ~;:t _4 "t 1~1 l'ØWII'Ø~I/~¢¢Ø~~J1//~pptØjØ~I/'Øt//1~ØI/1.tø¢~ l~ ;' ,tØ-A¢¢~l :,¡: ..... f:j (F) Release of Funds: The City Engineer shall release all '1 ~~ funds at the time of acceptance of improvements with the exception of .. an amount of 10% which shall be retained for a period of one year ,,! ~ :;1 after acceptance of all improvements. This amount may be used by the '... City if it becomes necessary to provide for the repair or maintenance · of the improvement within that one year period. Upon request and at .L~ the time of acceptance of a specific improvement, the City Engineer '.¡¡' .4 may release any funds which are provided by deposit or letter of .."'4. credit to the extent that they were provided for the improvement being ~,~ accepted. :3: 1 " ,¡ (G) Landscaping Bond: j ( 1 ) If the landscaping requirements of this Section .~ have not been met at the time that a Certificate of Occupancy could be granted and is requested, the owner or his agent must post with the Building Department a bond of one hundred and ten percent (110%) covering the costs of materials, labor and other costs incidental to the installation of the required landscaping. -- (2) A landscape bond will only be accepted in extreme hardships where the landscape plant materials are not available due to ',1 drought or freeze, or similar conditions occur that would warrant .. p acceptance of the bond as determined by the Chief Building Official. -.? ... Section 7. That Chapter Five, II Subdi vision Regulations", ::iío. ·,V Article 5.1, "General Provisions", of the Land Development Regulations ··z of the City of Delray Beach, Florida, be, and the same is hereby repealed in its entirety, and a new Article 5.1, "General Provisions", '. ~: is hereby enacted to read as follows: · - ,- - 14 - Ord. No. 46-95 -- . ., t I u,"", "" '"' . -.,. { ¡ \ 7/, ~ :~ ~ .., -, - ARTICLE 5.1: GENERAL PROVISIONS - Section 5.1.1 Rule: Whenever any subdivision of land is proposed, before contract is made for the sale of part thereof, and .;to any any :"1. :~ before any permit for the erection of a structure in such proposed ." --> :-:!t subdivision shall be granted, the subdividing owner (or his authorized ~ ~r agent) shall apply for and secure approval of such proposed ij subdivision in accordance with the provisions of this Article. ~ ~:~ ;-,,;;¡. Section 5.1.2 Pu~ose and Intent: ,# .:-1- :;.;. :;¡ The purpose of this section is to promote the public health, safety, 3 Of comfort and welfare of the City through the harmonious, orderly and :3 progressive development of land by insuring: ~:; ~1 (A) The establishment of standards for subdivision design :x ;.. which will encourage the development of a sound and economically õ1 q stable community, and the creation of healthy living environments. .:t :<1. .. .'" (B) The efficient, adequate and economic supply of ;:1 infrastructure and services to land developments, :.:... ::-.'T ;:.... ',4 -~ (C) The prevention of traffic hazards and the provision of =~ " safe and convenient vehicular and pedestrian traffic circulation in ! land developments. :-'ft ... (D) The provision of public open spaces in land -~~ developments for recreational, educational, and community facilities. - (E) Consistency with the policies and goals of 1;he Comprehensive Plan. .."" ~1 (F) Site design respecting unique environmental . . .., characteristics of the site, and preservation of such characteristics .. .. :':":t, to the maximum extent possible. -. (G) The establishment of standards of design and procedures .. . , for plats and replats, to further the orderly layout and use of land, and to insure the proper legal description and monumentation of subdivided land. -)~ (H) Consistency with Florida State Statutes, Chapter 177. --< ~.! '"; ';';' .. C,.¡¡ 15 - Ord. No. 46-95 'j: - . '. .,. .. ( ," -" ... ,- ,::J ,... :~. ,.. :: ..~ ", Section 5.1.3 A,pplicability: - . -- Plat Required: A plat is required for the subdivision of any lot, .,;. tract or parcel of land; and for the dedication, layout, opening or ::;: - ~ construction of any street, storm sewer, sanitary sewer, water main, -:::'1 -~V! or other facility for public use or for the common use of building ,~ J occupants. The provisions of this section shall apply to all lands i within the incorporated area of the City except as specifically exempted. .'If"! .¡t ~ Section 5.1.4 Exemptions: ~ ~!- -·r,.... The following are hereby exempt from the platting procedure: ~ .... ..... J (A) The proposed construction of a new building or i structure occupying a previously platted lot in its entirety, to be .:;J :.~ maintained under a single ownership, or condominium occupied by the ~;"r d. owner or lessees holding leases other than a divided land lease or :4 ownership, whereupon no additional right-of-way is required. 1 :.. . (B) A duplex or triplex residence on an existing street, .~ ,.. requiring no extension of water and sewer services. 1 :~ :~ (C) The combination or recombination of portions of platted c., c-o ~',:~ lots where no additional lots are created and the new lots conform to :"f the development regulations for the applicable zoning district in ~~ which the properties are located. A survey of the revised lot layout .. shall be filed with the City Engineer, (D) The sale or exchange of parcels of land to or between adjoining property owners where such sale or exchange does not create additional lots and does not reduce any lot to an area less than the -; development regulations for the applicable zoning district in which the properties are located, and no dedication or improvements are ~.~ :~ required under this section. A survey of the revised lot layout shall - ~ be filed with the City Engineer. ~ ... .-j (E) Conveyance of undivided interests in previously platted ."'i 4 lots subject to conformance with the development regulations for the '" j applicable zoning district in which the property is located. '~ .} (F) Other exemptions may be granted after review and :q approval by the Development Services Management Group (DSMG) . " , . Æ .. --1 ~ - 16 - Ord. No. 46-95 ' , .j.... " . , '. -- '. í , ~~ ( ) ," - ~ .. ,. ... . Section 5.1.5 Co~liance With the Co~rehensive Plan: (A) General: No land shall be subdivided unless such ," subdivision and future use thereof shall be consistent with the Future :.:J ... Land Use Map and policies of the Comprehensive Plan. :-1 - .. =!! (B) Provision of Land for Facilities: Whenever land which ;£ is to be subdivided embraces any part of a designated feature within ,:"'" ~; an Element of the Comprehensive Plan, that feature shall be included :f -1> in the proposed subdivision. Such features shall include, but not be ,;> limited to: streets; parks; conservation sites; sites for public 2: " ... schools; drainage courses; sites for water tanks, lift stations and i similar public utility facilities; and easements for water, sewer and '+ drainage devices. ::~ .is. Section 5.1.6 Co~liance with Zoning Re9ulations: -'" 'Y: :j (A) General: All subdivisions shall conform with, at .~ ;! least, the minimum zoning regulations applicable to the property being .::t... subdivided 1. e. a nonconforming situation cannot be created through - 'c:l the act of subdivision unless a variance to such effect is approved by ... '.~ the Board of Adjustment prior to action on a preliminary subdivision ;~ ";,;.1 plat. However, conditions of approval which require mitigation of '1: rt such a situation may be affixed to the approval of final plat in lieu ·~tt of pursuing a variance. .-'" :i ... -;; (B) Onbuildable Sites: Land which is found unsuited for :,j development due to poor soil qualities, flooding, poor drainage, or other features likely to be harmful to the health, safety, and general welfare of future residents shall not be subdivided as a separate building site, unless adequate methods of correction and mitigation are formulated by the subdivision and guaranteed to be observed. However, such land may be subdivided and identified as a tract of unbuildable land. - .- '-To Section 8. That all ordinances or parts of ordinances in ."1; conflict herewith be, and the same are hereby repealed. .;. Section 9. 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. - 17 - Ord. No. 46-95 . í ~ i ..-.. , , ''',;0> : .- ':":/ .. ~..I;io _.Ío ,~ _. .~.... ,- .(: · ; Section 10. 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 5th day of September I 1995. %?~ -- . , ATTEST: .J. OhNm'1J1!t/V./~ /lrui;y '. ... :; ity Cl k · t .. First Reading August 8, 1995 -. " September 5, 1995 .~ Second Reading , ~ · , ,- 0.10 t .. . ~ r .- - -. ., ,'. - 18 - Ord. No. 46-95 . ' '. . , . [IT' DF DELRAY BEA[H CITY AnORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444 FACSIMILE 407/278-4755 Writer's Direct Line: (407) 243-7090 DELRA Y BEACH , l 0 . , 0 A bad AJl.America City MEMORANDUM " II ,! DATE: July 27, 1995 1993 TO: Alison MacGregor Harty, City Clerk FROM: David N. To1ces, Assistant City Attorne~ SUBJECT: City Subdivision Forms The attached subdivision forms are designed to assist developers with preparing plats and agreements for subdivision improvements. These forms should be placed on a City Commission agenda for approval and authorizing the City Manager to sign the documents without obtaining Commission approval. Please call if you have any questions. DNT:smk Attachment cc: D'avid Harden, City Manager q/~/q~ CÆP subdiv,dnt LI~O @ Printed on Recycled Paper 10. t. I . . , . . CITY of DELRAY BEACH STANDARD SUBDIVISION FORMS ,- - - SEPTEMBER 1995 ENVIRONMENTAL SERVICES DEPARTMENT 434 SOUTH SWINTON AVENUE, DELRA Y BEACH, FLORIDA 33444 . '. . STANDARD SUBDIVISION FORMS TABLE OF CONTENTS PAGE Standard Dedication Statement 1 Dedication Formats 3 Mortgagee's Consent S Acknowledgments 6 Standard (Approval) Signature Block 7 Title Certification 8 Surveyor's Certificate 9 Preparing Surveyor's Statement 10 Surveyor's Notes 11 Guarantee for Completed Subdivision Improvements (Letter of Credit 10% Guarantee Required Improvements) 12 Agreement for Completion of Subdivision Improvements and Guarantee (Letter of Credit 100% of Required Improvements and 10% Guarantee) 16 Completion of Subdivision Improvements (Cash Deposit 100% of Required J¡nprovements and 10% Guarantee) 20 fuevocable Letter of Credit 24 ., Instructions for Performance Bond Submittal 2S Contract Bond Covering Performance and Payment of Labor and Material 26 Environmental Services Department Fee Schedule 30 Engineer's Certificate of Completion 31 Release of Water and Sewer 32 I . ' . STANDARD DEDICATION STATEMENT DEDICATION: KNOW ALL MEN BY THESE PRESENTS: that owner's name and aoorooriate identification as/is the owner of the land as shown on this plat, being in the of Section . Township of . Range . Palm Beach County, Florida described as follows: (a) insert metes and bounds description ..Q[ previous subdivision, block, and lot descriptions as it appears on the warranty deeds which have been provided with the basic subuússion Note: Any difference between what is shown as the perimeter of the parcel and what is described in the warranty deed(s) must be resolved or noted. HAVE CAUSED SAID LANDS TO BE SURVEYED AND PLATTED AS SHOWN HEREON AS THE name of subdivision AND FURTHER DEDICATES AS FOLLOWS: (Following are examples which should be modified, as appropriate, to the subdivision) TRACT "A" is hereby dedicated to the (City ofDelray Beach) (The County of Palm Beach) as public right-of-way for street and utility purposes. TRACT "B" is hereby dedicated to the City ofDelray Beach for park purposes. TRACT "C" is hereby dedicated to the Homeowner's Association as a private street to be owned and maintained by said association with the right of the City ofDelray Beach to access and or repair water and sewer mains within said tract. TRACT "D" is a hereby dedicated to the Association as a Lake Management Tract to be maintained by said Association with a dedicated right-of- access to the South Florida Management District for lake management purposes. TRACTS "E", "F", AND "G" are dedicated to the Association as private parks to be owned and maintained by said Association. TRACT "H" is not a part of this plat. (To be used, pursuant to F.S. 177.091(25) when an interior (existing) lot or parcel is not a part of the subdivision.) 1 . , I . . ALONG WITH THE FOLLOWING EASEMENTS: All water and sewer easements shown hereon are made to the City ofDeIray Beach for the purpose of access to and repair of and installation of water and sewer mains. Access easements #1 and #2 are made to the general public for the purpose of accessing the public beach. The Limited Access Easement (LAE) is made to the City ofDe1ray beach for the purpose of prohibiting access between abutting lots and Lake Ida Road. General Utility (G.U.) Easements are made to any public or private utility, such as but not limited to, storm drainage, sanitary sewer, electric power, water service, gas service, telephone lines ..... -- Exclusive Utility (E.U.) Easements are made to the specific service provider as indicated hereon. IN WITNESS WHEREOF, Of the above named has caused these present to be signed this day of .19_. 2 . ' DEDICATION FORMATS (CORPORATE) KNOW ALL MEN BY THESE PRESENTS that ( cOl:porate nam~) a [Florida corporation] [(State) corporation, licensed to do business in Florida], owner of the land shown hereon, being in Section . Township Range Palm Beach County, Florida, shown hereon as (.plat name) . being more particularly descnòed as follows: -OR- (INDIVIDUAL) KNOW ALL MEN BY THESE PRESENTS that (namers) ) owner[ s] of the land shown hereon, being in Section .Township Range . Palm Beach County, Florida, shown hereon as (plat name) .being more particularly described as follows: [Legal Description] have caused the same to, be surveyed and platted as shown hereon and do hereby dedicate as follows: [DedicationsIReservations as applicable] 3 · (CORPORATE) IN WITNESS WHEREOF, the above-named corporation has caused these presents to be signed by its [president] [Vice-President] [and attested by its (other cox:porate officer. ] and its corporate seal to be affixed hereto by and with the authority of its Board of Directors, this day of .19_. (coq>orate name) . a [Florida corporation] [ (State) corporation, licensed to do business in Florida] WITNESS: BY: (signature of Pres or V. Pres.) (printed name) - (title) -- (CORPORATE SEAL) -OR- ATTEST: (printed name) - (title) -OR- (INDIVIDUAL) IN WITNESS 'WHEREOF, [I] [We] (names[s 1 ) do hereunto set [my] [our] hand[s] and seales] this day of .19_. WITNESS 0) BY: (1) (signature) (printed name) (1) WITNESS (2) BY: (2) (signature) (printed name) (2) [ACKNOWLEDGMENTS] 4 . ' MORTGAGEE'S CONSENT STATE OF ) COUNTY OF ) The undersigned hereby certifies that it is the holder of [a] mortgagees], upon the property descnòed hereon and does hereby join in and consent to the dedication of the land described in said dedication by the owner thereof and agrees that its mortgagees] which [is] [are] recorded in Offcal Record Book at page [s] of the Public Records of Palm Beach county, Florida, shall be subordinated to the dedication shown hereon. (CORPORATE) - IN WITNESS WHEREOF, the said corporation has caused these presents to be signed by its (president] Vice President] and its corporate seal to be affixed hereon by and with the authority of its Board of Directors this _ day of .19__ { cOI:porate name] a (State) corporation WITNESS: BY: (signature of Pres. or V. Pres. ) (printed name) - (title) (CORPORATE SEAL) -OR- (INDIVIDUAL) IN WITNESS WHEREOF, [I] [We] (names[s] ) do hereunto set [my] [our] hand[s] and seales] this day of . 19 -' WITNESS BY: (signature) (printed name) [ACKNOWLEDGMENTS] 5 . ' ACKNOWLEDGMENTS (CORPORATION) STATE OF ) COUNTY OF ) BEFORE ME personally appeared (printed nam~) who is personally known to me, or has produced as identification, and who executed the foregoing instrument as [Vice] President of (co1J>oration name). a corporation, and severally acknowledged to and before me that [he] [she] executed such instrument as such officer of said corporation, and that the seal affixed to the foregoing instrument is the corporate seal of said corporation and that it was affixed to said instrument by due and regular corporate authority, and that said instIJUnent is the ftee act and deed of said corporation. WITNESS my hand and official seal this _ day of .19__ My commission expires: (signature) Notary Public (Seal) -OR- (INDIVIDUAL) STATE OF ) COUNTY OF ) BEFORE ME personally appeared (printed narner sJ who [is] [are] 'personally known to me or [has] [have] produced [and . respectively] as identification, and who executed ~e foregoing instrument, and acknowledged before me that [he] [she] [they] executed said instrument for the purposes expressed therein. - WITNESS my hand and official seal this day of . 19_. My commission expires: (signature) Notary Public (Seal) 6 . , ., . STANDARD (APPROVAL) SIGNATURE BLOCK THIS PLAT OF THE name of subdivision AS APPROVED ON THE DAY OF . A.D. 19 _ BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA. ATI'EST: MAYOR CITY CLERK - AND REVIEWED, ACCEPTED, AND CERTJ.l4'lED BY: Director ofPlamûng and Zoning Chairperson, Plamûng and Zoning Board City Engineer Fire Marshal(!) Director of Environmental Services (2) Director, Parks and Recreation (3) (1) Required only where there is a street name or a change in addressing, not required for boundary plats. (2) Required only when easements are provided for water anellor sewer services. (3) Required only when land is dedicated for parks purposes or parkways are provided in or alongside a public street 7 . ' ,. I TITLE CERTIFICATION STATE OF FLORIDA ) COUNTY OF ) [I] [We], (printed name of attorney or title company). [a duly licensed attorney in the State of Florida] [a title insurance company, as duly licensed in the State of Florida] do hereby certify that [I] {we} have examined the title to the hereon descnõed property; that [I] {we} find the title to the property is vested to ( names[ s 1 of ownerr s] ): that the current taxes have been paid; that [all mortgages not satisfied or released of record nor otherwise tenninated by law are shown hereon] [there are no mortgages of record]; and that [there are no encumbrances of record] [there are encumbrances of record but those encumbrances do not prohibit the creation of the subdivision depicted by this plat]. Dated: (Attorney-at-law licensed in Florida) -OR- Dated: (Officer of title insurance companx) (printed name) - (title) 8 . , ·, SURVEYOR'SCERTDnCATE (When "P.C.P.s" are to be installed prior to platting) This is to certify that the plat shown hereon is a true and correct representation of a survey made under my responsible direction and supervision; that said survey is accurate to the best of my knowledge and belief, that Permanent Reference Monuments ("P .R.M.s") and Permanent Control Points ("P.C.P.s") have been placed as required by law; and, further, that the survey data complies with all the requirements of Chapter 177, Florida Statutes, as amended, and the ordinances of City ofDelray Beach, Florida -OR- -- (When "P.C.P.s"are to be installed after platting) This is to certify that the plat shown hereon is a true and correct representation of a survey made under my responsible direction and supervision; that said survey is accurate to the best of my knowledge and belief, that Permanent Reference Monuments ("P.RM.s") have been placed as required by law and that Permanent Control Points ("P.C.P.s") will be set under the guarantees posted with the City ofDelray Beach for the Required Improvements of Chapter 177, Florida Statutes, as amended, and the ordinances of City ofDelray Beach, Florida. (signature) (printed name), P.L.S. License No. State of Florida (Seal) 9 . " PREPARING SURVEYOR'S STATEMENT This instrument was prepared by (Surv~or's name) . (Surveyor's address) - 10 . ' " SURVEYOR'S NOTES Surveyor's notes shall address the following items as a minimum. 1. Required Notes a. Surveyor to provide bearing reference b. There may be additional restrictions that are not recorded on this plat that , may be found in the public records of Palm Beach County, Florida. c. The city ofDeIray Beach is hereby granted the right of access for emergency and maintenance purposes. 2. Le2end All symbols and abbreviations used on the plat map shall be identified by a suitable legend. 11 . , '" GUARANTEE FOR COMPLETED SUBDIVISION IMPROVEMENTS THIS AGREEMENT entered into this _ day of . 199 between the CITY OF DELRA Y BEACH (hereinafter "City") and (hereinafter "Subdivider"), for the purpose of providing a guarantee for the completed subdivision improvements as depicted in the approved' preliminary and final plat c:>f as required City ofDelray Beach Subdivision ordinance. WITNESETH 1. The subdivider has completed the above-referenced improvements, and furnishes to the City an original Letter of Credit No. issued by in the amount of $ . which is attached hereto as Exhibit" þ¿'. 2. The funds available under the above referred to Letter of Credit are allocated as follows: - a) $ for the guarantee required of the subdivider pursuant to the City Subdivision Ordinance. The subdivider is required to deftay all expenses incurred by the City as a result of defects in materials and/or worIananship relating to the required subdivision improvements as set forth on the preliminary and final plat of If the subdivider has not submitted to the City an acceptable substitute Letter of Credit on or before . the City sbaI1 draw $ on the Letter of Credit No. and hold the amount withdrawn for the one-year guarantee period required under the City's Subdivision Ordinance. In the event there is a deficiency in the amount available to correct the defects, the subdivider will upon demand provide to the City such additional funds as may be required. in the event that there is a surplus remaining in excess of the amount required to correct the defects then the City will release or remit such an amount to the subdivider. 3. If upon presentment of above referenced Letter of Credit is dishonored, the subdivider sbaI1 be liable to the City in full amount which may be due under the Letter of - Credit for either the completion of improvements or to rectify defects in materials and/or workmanship pursuant to the guarantee requirement of the Subdivision Ordinance. In addition, in the event that the City must take steps to collect under the Letter of Credit and/or 1Ì'om the subdivider because of dishonor of the Letter of Credit, the subdivider will pay all attorney's fees, collection costs, court costs and other expenses incurred by the City in its efforts to collect the amounts due. Further, it is understood that the Letter of Credit sha1l secure in addition to the construction costs of the improvements and the guarantee, all of the aforementioned costs which may be incurred by the City. 12 . , ," 4. Any notice required to be given hereunder shall be given by personal delivery, by·registered mail, or be registered expedited service at the addressees as specified below, or at such other addresses as may be specified in writing by the parties hereto, and any such notice shall be deemed received' on the date of delivery. As to City: City ofDelray Beach City Engineer 434 So. Swinton Avenue Delray Beach, Florida 33444 As to Subdivider: WITNESS: By: - (Name printed or typed) (Name printed or typed) (Address) (Name printed or typed) By: Subdivider (Name printed or typed) (Name printed or typed) (Address) (Nam~ printed or typed) CITY OF DELRAY BEACH ATrEST: City Clerk 13 . '. Approved as to legal sufficiency and fonn: City Attorney STATE OF (SEAL) COUNTY OF The foregoing instrument was acknowledged before me this day of by (name of officer or agent, title of officer or agent), of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personaJIy known to me or has producedidenûfication (type ofidentification) as idenûfication and did (did not) take an oath. Signature of Person Taking Acknowledgment Name of Acknowledger Typed, Printed or Stamped Title or Rank Serial Number, if any . 14 . ., STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of . by (name 'of person acknowledged), who is personally known to me or has produced (type of identification) as identification and who did (did not) take an oath. Signature of Person Taking Acknowledgment Name of Acknowledger Typed, l'rinted or Stamped Title or Rank Serial Number, if any . 15 . , . AGREEMENT FOR COMPLETION OF SUBDIVISION IMPROVEMENTS AND GUARANTEE THIS AGREEMENT entered into this _ day of .19_ between the CITY OF DELRAY BEACH (hereinafter the City) and (hereinafter the subdivider), for the purpose of assuring the City that the subdivider will complete the improvements in the approved preliminary and final plat of and that the Subdivider provides a guarantee for the subdivision improvements as required by the City ofDelray Beach subdivision ordinance. WITNESETH 1. The Subdivider furnishes the City the original Letter of Credit No. issued by . in the amount of -- $ . a copy of which is attached hereto as Exluòit "An, 2. The funds available under the above referred to Letter of Credit are allocated as follows: a) $ for the construction and installation of all improvements as called for on the approved preliminary and final plat of to be completed in accordance with specification required by the City ofDelray Beach. All required improvements of the preliminary and final plat are to be completed and installed within a period of not more than ftom the date of this agreement. In the event that satisfactory progress towards completion is not being made in the judgment of the City Engineer to assure completion within the above referred to period, the City is authorized to complete the required improvements by making a demand on the above referred to Letter of Credit and using the funds obtained therefrom to complete the improvements. However, it is understood that no demand will be made on the above-referenced Letter of Credit for the completion of improvements until such time as the subdivider bas been given a thirty day notice in writing specifying in what regards satisfàctory progress towards completion is not being made. In the event that this deficiency is cured within the thirty day period no demand will be made on the Letter of Credit. . Notwithstanding, the above thirty day notice requirement in the event that all improvements as called for on the approved preliminary and final plat of have not been completely and satisfactorily installed by the City without notice to the subdivider may make a demand or demands the Letter of Credit in an amount sufficient to satisfactorily complete the improvements. In the event that the amount remaining under the Letter 'of Credit is insufficient to complete the improvements, the subdivider will upon demand furnish such 16 . , , additional funds as are necessary to fully and completely install the improvements. In the event that there is a surplus remaining after the City's completion of installation of the required implements as may be required as set forth above the City shall remit or release this amount to the subdivider. b) $ for the guarantee required of the subdivider pursuant to the City subdivision Ordinance. The subdivider is required to deftay all expenses incurred by the City as a result of defects in materials and/or workmanship relating to the required subdivision improvements as set forth on the preIiminary and final plat of . It is understood that prior to the City making a demand on the Letter of Credit for any defects in materials and/or workmanship that a thirty day written notice shall be provided to the subdivider to provide an opportunity to correct such defect. NOTWITHSTANDING this thirty day notice requirement however in the event that there are any defects in materials and/or workmanship existing as of the City may make such demand on Letter o(Çredit as it deems necessary to correct the existing defects. In the event that there is a deficiency in the amount available under the Letter of Credit to correct the defects the subdivider will upon demand provide to the City such additional funds as may be required. In the event that there is a surplus remaining under the Letter of Credit in excess of the amount required to correct the defects then the City will release or remit such an amount to the subdivider. The subdivider may at its'. option provide a substitute Letter of Credit in the amount often percent (10%) of the construction cost of the improvements referred to in paragraph 2a., in lieu of the City retaining available ten percent (100,10) of the above referenced Letter of Credit. The substitute shall be in the same form as the original Letter of Credit or such other form as may be satisfactory to the City ofDe1ray Beach. 3. If upon presentment the above referenced Letter of Credit is dishonored, the subdivider shall be liable to the City in the full amount which may be due under the letter of Credit for either the completion of improvements or to rectify defects in materials and/or workmanship pursuant to the guarantee requirement of the subdivision ordinance. In addition, in the event that the City must take steps to collect under the letter of Credit and/or Û'om the subdivider because of dishonor of the Letter of Credit, the subdivider will pay all attorneys fees, collection costs, court costs and other expenses incurred by the City in its efforts to collect the amount due. Further, it is understood that the Letter of Credit shall secure in addition to the construction costs of the improvements and the guarantee, all of the aforementioned costs which may be incurred by the City. 17 . ' , 4. Any notice required to be given hereunder shall be given by personal delivery, by . registered mail, or be registered expedited service at the addressees as specified below, or at such other addresses as may be specified in writing by the parties hereto, and any such notice shall be deemed received on the date of delivery. As to City: City ofDelray Beach City Engineer 434 So. Swinton Avenue Delray Beach, Florida 33444 As to Subdivider: WITNESS: SUBDIVIDER By: -- (Name printed or typed) (Name printed or typed) (Address) (Name printed or typed) CITY OF DELRA Y BEACH By: ATTEST: City Clerk Approved as to legal sufficiency and form: City Attorney 18 . , . STATE OF (SEAL) COUNTY OF The foregoing instrument was acknowledged before me this day of by name of officer or agent, title of officer or agent), of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced identification (type ofidentification) as identification and did (did not) take an oath. Signature of Person Taking Acknowledgment Name of Acknowledger Typed, Printed or Stamped Title or Rank Serial Number, if any STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of . by (name of person acknowledged), who is personally known to me or has produced (type of identification) as identification and who did (did not) take an oath. Signature of Person Taking Acknowledgment Name of Acknowledger Typed, Printed or Stamped Title or Rank Serial Number, if any 19 . ' ., I COMPLETION OF SUBDIVISION IMPROVEMENTS THIS AGREEMENT entered into this _ day of .19_ between the CITY OF DELRA Y BEACH (hereinafter the city) and (hereinafter the subdivider), for the purpose of assuring the City that the subdivider will complete the improvements in the approved preliminary and final plat of and that the subdivider provide the guarantee, all as required by the City ofDelray Beach Subdivision ordinance. WITNESETH 1. The subdivider agrees to establish a cash account with the City ofDelray Beach in the amount of $ -- 2. The funds in the above account are allocated as follows: a) $ for the construction and installation of all improvements as called for on the approved preliminary and :final plat of all improvements as called for on the approved preliminary and final plat of to be completed at the specifications required by the City ofDelray Beach. All required improvements of the preliminary and final plat are to be completed and installed within a period of not more than one (1) year 1Ì'om the date of this agreement. In the event that ~ satisfactory progress toward completion is not being made in the judgment of the City Engineer the City is authorized to complete the required improvements using the fund established herein to pay for materials, labor and other expenses in connection with said improvements. If the subdivider is making satisfactory progress toward the completion of the required work the City will release proportionate amounts of this deposit as portions of the work are completed in accordance with City specifications as approved by the City Engineer. b) $ for the guarantee required of the subdivider pursuant to the City's subdivision ordinance. The subdivider is required to defi'ay all , expenses incurred by the City as a result of defect in materials and/or workmanship relating to the required subdivision improvements as set forth on the preliminary and final plat of . This obligation continues to a period of one (1) year after the City's acceptance of the completed subdivision improvements. 3. Any interest earned on the above cash account shall be the property of unless the interest is necessary to meeting the obligations of the subdivider in either 1 (a) or (b) above. 4. Following the City's acceptance of a completed subdivision improvements the City will disburse any excess amount then remaining from that portion of the above account allocated to completion of subdivision improvements, to the subdivider. In the event of a 20 . , deficiency the subdivider shall on thirty (30) days written notice trom the City pay the City the full amount of any such deficiency. After the expiration of one (1) year trom the date offinaI acceptance by the City, the City shall disburse any excess funds remaining in that portion of the above account allocated to the guarantee within thirty (30) days of written notice trom the City, pay to the City the amount of deficiency. S. The subdivider agrees that in the event there was a deficiency in regard to either the completion of the improvements or the guarantee, which continues after the thirty (30) day written notice trom the City, the city shall be entitled to a lien on the subdivider's property for any deficiency balance then remaining. The property to which this lien shall apply is legally described as set forth on Exhibit A attached to the amount of the deficiency, all attorney's fees and costs which may be incurred by the City in the collection of said sum. -- In addition, the City shall have any and all remedies provided at law or in equity. In any action other than the foreclosure of the above referred to lien the City shall also be entitled to all costs and attorney's fees inCWTed in the collection of said sum. 6. The cash account established under this Agreement shall be established in the name of the City alone and only the city will have the right to withdraw funds ftom the account until such time as the account is fonnally released by the City pursuant to a written ." . instrument to that effect. the cash shall be delivered to and held in custody of the City Finance Director. 7. If the subdivider abandons the final plat approval and submits an affidavit to the City Finance Director indicating such abandonment and certifying that the final plat will not be recorded, the subdivider may obtain the release of all funds then remaining, which are being held by the City pursuant to this agreement. 8. Any notice required to be given hereunder shall be given by personal delivery, by registered mail, or be registered expedited service at the addressees as specified below, or at such other addresses as may be specified in writing by the parties hereto, and any such notice shall be deemed received on the date of delivery. As to City: City ofDelray Beach City Engineer 434 So. Swinton Avenue Delray Beach, Florida 33444 As to Subdivider: 21 . ' WITNESS: SUBDIVIDER . By: (Name printed or typed) (Name printed or typed) (Address) (Address) CITY OF DELRAY BEACH (Name printed or typed) (Address) ATTEST: -- City Clerk Approved as to legal sufficiency and fonn: City Attorney STATE OF (SEAL) COUNTY OF The foregoing instrument was acknowledged before me this day of , by (name of person acknowledged), who is personally known to me or has produced (type of identification) as identification and who did (did not) take an oath. Signature of Person Taking Acknowledgment Name of Acknowledger Typed, Printed or Stamped Title or Rank Serial Number, if any 22 . ' STATE OF (SEAL) COUNTY OF The foregoing instrument was acknowledged before me this day of . , by (name of officer or agent, title of officer or agent),of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of identification) as identification and did (did not) take an oath. -- Signature of Person Taking Acknowledgment Name of Acknowledger Typed, Printed or Stamped Title or Rank Serial Number, ifany . 23 . IRREVOCABLE LEITER OF CREDIT Date: City ofDe1ray Beach 100 N.W. 1st Avenue De1ray Beach, Florida 33444 Dear Sirs: We hereby establish our Irrevocable Letter of Credit No. in your favor in the amount of . ($ ) for the account of available by your drafts drawn at sight on accompanied by: (bank) Written demand signed by the City Manager and Engineer of the City ofDelray Beach, Florida. This credit expires on j We confirm this credit and hereby engage that drafts drawn in conformity with the tenns of this credit will be duly honored on presentation. Sincerely, Name Title 24 . , . I INSTRUCflONS FOR PERFORMANCE BOND SUBMTITAL 1. Bond company must have a resident agent in Palm Beach County, Florida. 2. On Bond Company stationary please provide the name, address, and phone number of the agent. 3. If changes to the bond format are requested please contact the City Attorney's office. The phone number is (407) 243-7091. Susan Ruby is the City Attorney. 4. Any other questions please contact Dan Beatty at (407) 243-7341. -- 25 . . CONTRACT BOND COVERING PERFORMANCE AND PAYMENT OF LABOR AND MATERIAL KNOW ALL MEN BY TIIESE PRESENTS, that we the undersigned (hereinafter called the "Principal") a corporation- partnership or individual duly authorized by law to do business as construction contractor in the State of Florida and of (hereinafter called the Surety), a corporation duly organized, licensed and/or registered to engage in the Surety business and enter into agreements of surety in the State of Florida with a resident agent in Palm Beach Coun~. Florida. are jointly and severally held and firmly bound one and the other unto the City of DeIray Beach, Florida, (hereinafter called the "Obligee") in the penal sum of Dollars ($ ) lawful money of the United States, for the payment of which well and truly to be made unto said Obligee, we bind ourselves, our heirs, personal representatives, S1.!~essors, and assigns, jointly and severally, firmly by these presents as follows: WHEREAS, Principal an Obligee entered into a written contract dated the day of . 19--> concerning work in connection with which is or may be attached hereto and is hereby referred to and made a part hereof. NOW, THEREFORE, THE CONDmON OF THIS OBUGATION IS mAT if . Principal shall faithfully and properly perform the foregoing contract according to all the items thereof: and shall indemnify and save harmless the said Obligee against or from all losses, damages, expenses, costs, and attorney's fees, including appellate proceedings, to which the said Obligee may be subjected by reason of any wrongdoing, misconduct, want of care or skill, negligence or default, including patent infiingement on the part of the Principal, his agent or employees, and promptly makes payments to an claimants, as defined in Section 255.05(1), Florida Statues, supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract, then this obligation is void, otherwise is to remain in full force and effect; provided, however, this bond is executed by the Surety, upon the following express conditions, which shall be precedent to the right of recovery hereunder. - 1. The said work for has been completed in confonnance with the City ofDeIray Beach Subdivision regulations as approved and inspected by the City ofDelray Beach. 2. If the Contract provides for a guarantee of the work, this bond does not apply to, nor cover, any such guarantee which exceeds one (1) year even though such guarantee is specified in the Contract, unless Surety specifically agrees in writing, that the bond shall be extended to cover such guarantee. 26 . , ·, 3. Obligee shall notify the Surety by letter of any breach of said Contract, including failure to pay labor or material bills when due, within a reasonable time after such breach shall have come to Obligee's attention. 4. No action, suit or preceding shall be had or maintained against the Surety on this instrument unless the same be brought or instituted and process served upon the Surety within eighteen months after completion of the work mentioned in said contract, whether such work be completed by the principal, Surety, Owner; but if there is any maintenance period provided in the contract for which said Surety is liable, an action for maintenance may be brought within eighteen months ftom the expiration of the maintenance period, but not afterwards. S. Any payment or payments made under this bond shall reduce the amount of the bond to the extend of such payment or payments. The said Surety, for the value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same, shall in any wise affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alteration, or addition to the tenns of the agreement or to the work, or to the specifications. The undersigned principal and Surety do further hereby covenant, consent and yield to the jurisdiction of the State civil courts of Palm Beach County, State of Florida, and shall assure all undertaking under said Agreement or contract, and shall assure and protect all laborers and furnishers of material on said work both as required by applicable law. IN TESTIMONY WHEREOF, the parties hereunto have caused the execution hereof in four (4) original counterparts as of the day of 19 -. Principal By, (SEAL) Surety 27 . . . ATTEST: By: (SEAL) Approved as to fonn: City Attorney STATE OF COUNTY OF - The foregoing instrument was acknowledged before me this day of . (name of person acknowledged), who is personally known to me or has produced (type of identification) as identification and who did (did no) take an oath. Signature of Person Taking Acknowledgment Name of Acknowledger Typed, Printed or Stamped Title or Rank Serial Number, if any - 28 . . . . STATE OF (SEAL) COUNTY OF The foregoing instrument was acknowledged before me this day Qf , by (name of officer or agent, title of officer or agent),of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced identification (type of identification) as identification and did (did not) take an oath. Signature of Person Taking Acbowledgment Name of Acknowledger Typed, Printed or Stamped Title or Rank Serial Number, if any 29 . ' . . . DELRA Y BEACH CODE OF ORDINANCES SECITON 52.39 CI1Y OF DELRAY BEACH ENVIRONMENTAL SERVICES DEPARTMENT PLAN REVIEW FEE PROJECT INSPECTION FEE UTILITY STANDARDS FEE A PROJECT PLAN REVIEW FEE A one-time fee of2.00/Ó of the estimated project cost will be charged to the Applican~ but not less than $25.00. Plans will not be reviewed until full payment is made. Attach a cost estimate with accurate quantities for approval and fee determination. FeeS 441-0000-343-63.00 B. PROJECT INSPECTION FEE The Inspection Fee will be charged to the applicant and will be calculated as Construction Cost X 3. OO/Ó but in no case less than $25.00. In addition, Inspection[ s] conducted at times other than normal working times will be billed to the Applicant at the Overtime rate ofS40.00 per hour per Inspection. Overtime Fees will be billed to the Applicant periodically. All fees shall be paid before the pennit is issued. Reinspections will be at the standard hourly rate. Attach a cost estimate with accurate quantities for approval and fee determination. Fee $ 441-0000-343-64.00 C. UTILITY STANDARDS BOOK The charge for the minimum construction standards book is $25.00. Charge $ 441-0000-343-65.00 Sales Tax $ 441-0000-208-11.00 Applicant Address Phone Project Name Location Applicant's Signature Date Approved Signature Date 30 . . I ENGINEER'S CERTIFICATE OF COMPLETION As a registered professional engineer in the State of Florida, to the best of my knowledge, infonnation, and belief: it is my professional opinion that the subdivision required improvements for (plat name) based on field reviews under my responsible charge, have been constructed in substantial accordance with the approved construction plans and the Land Development Regulations of The City ofDelray Beach, Florida, in effect on the date of plan approval. Attached, as itemized below, are copies of measurements, tests and reports made on the work and materials during the progress of construction, along with a Record Drawing copy of each of the construction plans on a high quality, time-stable, reproducible mylar, showing the original design in comparison to the actual finished work with all material deviations noted thereon. In my professional opinion, the deviations, if any, noted will not impair the intended functioning of the required improvement. Attachments to this completion statement are as foJtows: (Reports, measurements, test results, reproducible mylars and sealed record drawing prints shall be listed, and submitted with the certification.) (signatur~) Dated: (Seal) Address: 31 . . - RELEASE OF WATER AND SEWER Subject: ACCEPTANCE OF FACILITIES . - Please be advised that we have approved the water distribution and/or wastewater collection systems, for the project known as: in accordance with the plans, specifications for acceptance by Department of Health & Rehabilitative ServicesIPalm Beach County Health Department. The twelve (12) month warranty period will begin with completion of site improvements, final certification by the Engineer-of-Record and final acceptance by the City ofDelray Beach Engineering Department. Sincerely, Water Permit No. Sewer Permit N:o. William H. Greenwood Director ofEnviromnental Services WHG/ng cc: Engineer-of Record City Fire Department City Building Department Water/Sewer Network City Engineer Utility Inspection PJanninglZoning Department of Environmental Services - 32 . , , MEMORANDUM TO: David T. Harden City Manager FROM: JDseph~ Director of Fina SUBJECT: Proposed Commercial and Residential Garbage Rates DATE: August 30, 1995 Residential Garbage Service: 1. The contract with Waste Management provides for an increase in the collection portion of billings based on the change in the Consumer Price Index (CPI) for the previous year. This year's index is 2.7%. Residential customers will continue to be fully assessed for disposal costs by the Solid Waste Authority at an annual rate of $53 to $158 per unit. 2. The portion of the rate attributable to the continuous trash pick-up program has been adjusted by the CPI adjustment. 3. The residential curbside recycling rate will increase from $2.16 to $2.22 due to the CPI adjustment. 4. The vegetative collection rate will increase from $.91 to $.93. Commercial Garbage Service: 1. The Solid Waste Authority will continue to assess commercial parcels on a split basis. The tipping fee is currently $40 per ton for commercial customers. 2. Waste Management bills and collects for commercial and multi-family garbage and recycling services. These rates have been adjusted by the Consumer Price Index (2.7%). Attached is Ordinance Number 49-95 to be included for first reading on the September 5, 1995 Commission Agenda. IstR~/nc:¡ JMS/bs/sam q/ólq~ Attachment p~ L{-o w} , Wa.dJ¿ ~ ~ bJ ~ ~a!hOYJ Q5I- 9//;;)../95 W~ðfJ Id.l1. . ·, f , ( ) ORDINANCE NO. 49-95 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 5 I, "GARBAGE AND TRASH", OF THE CODE OF ORDINANCES OF THE CITY OF DELRA Y BEACH, FLORIDA, BY AMENDING SECTION 51.70, "REGULAR CHARGES LEVIED", TO PROVIDE FOR AN INCREASE IN THE RATES CHARGED FOR GARBAGE, RECYCLING AND TRASH SERVICES PROVIDED TO RESIDENTIAL AND COMMERCIAL CUSTOMERS; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS: Section ], That Tide V, "Public Works", Chapter 51, "Garbage and Trash", Subheading "Rates and Charges", Section 5 I. 70, "Regular Charges Levied", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: Section 51.70 REGULAR CHARGES LEVIED. The following service charges or fees are levied for garbage and trash service: (A) Charges for the below-described garbage and trash pickup service shall be as follows and shall commence when a certificate of occupancy is issued for any residential or commercial units, and shall continue monthly thereafter unless service is discontinued in accordance with Sec. 51.72: (1) For those customers receiving Type A, roll-out cart service, the service charge shall be $15. 43 $15.82 per month for garbage and trash pickup. However the levy for "Tropic Palms and Palms of Del ray" (known as Type F) shall be m41 $12.78 per month for garbage and trash pickup. (2) For those customers receiving Type B, rear-door/side-door service, the service charge shall be ~ $13.64 per month for garbage and trash pickup. However, the levy for the area bordered by N.W. 22nd Street on the north, Old Dixie Highway on the east, Lake Ida Road on the south and N.E. 2nd Avenue on the west (known as Type G) shall be ~ $16.64 per month for garbage and trash pickup. I (3) For those customer receiving Type C, curbside, garbage and household trash in disposable containers service, the service charge shall be S&:4G $6.55 per month for garbage and household trash pickup. I 1 Ord. No. 49-95 . i (4) For those customers receiving Type D, curbside in owner's container (or for those customers who, by reason of disability, as certified by a doctor and previously approved by the city, are unable to place refuse containers on the street, and whose collection by the city or its contractor is thus pursuant to the Type B, rear-doorlside-door service), the service charge shall be SUU8 $11.16 per month for garbage and trash pickup. And the levy for the area bordered by S.W. 10th Street on the north, Federal Highway on the east, Linton Boulevard on the south, and 1-95 on the west (known as Type H) shall be S13.86 $14.21 per month for garbage and trash pickup with the exception of the Silver Terrace Subdivision which shall be Type D at $11.16 per month. Notes: (a) Residential customers shall be assessed a ~ $2.22 per unit charge for recycling service (included in rates set forth above). (b) Residential customers shall be assessed a $:9+ $.93 per unit charge for separate vegetation collection services for all curbside residential dwelling units (included in rates set forth above). The effective date for this service is October 1, 1992. (B) Mechanical containers and commercial refuse container service, (1) For customers receiving Type E, mechanical containers and commercial refuse container service, the service charge shall be based upon the following for such garbage and trash servtces: Container Size Pickups Residential Monthly Container Commercial Monthly Container (Square Yard) Per Week Charge (Collection Charge Only) Charge (Collection and Disposal Charge) 2 1 ~ $39.05 ~ $58.57 3 1 £4+ 54.34 ~ 83.63 4 1 é&:49 67.80 ~ 106.85 6 1 WM 95.62 ~ 154.19 8 1 ~ 119.79 187.36 197.88 2 2 ~ 77.65 111.35 116.70 3 2 ~ 108.69 159.45 167.26 4 2 ~ 137.24 ~ 215.34 6 2 ~ 191.23 mM 308.37 8 2 ~ 239.12 ~ 395.31 2 3 ~ 116.70 ~ 175.27 3 3 ~ 163.02 ~ 250.88 4 3 +99-:9+ 203.91 ~ 321.05 6 3 U+:44 286.85 44G-:+1 462.57 8 3 ~ 358,88 ~ 593.17 2 4 ~ 155.73 223.13 233.83 2 Ord. No. 49-95 . I -------- 3 4 ~ 217.36 31&.&& 334.49 4 4 ~ 271.75 ~ 427.94 6 4 ~ 382.47 ~ 616.76 8 4 ~ 478.67 ~ 791. 06 2 5 .J.9Q4() 194.33 ~, 291.94 3 5 ~ 271.71 ~ 418.14 4 5 m-:# 340.02 509.7& 535.26 I 6 5 ~ 478.07 733.62 770.94 8 5 ~ 597.99 939,73 988,47 2 6 ~ 233.38 ~ 350,52 3 6 ~ 326.04 48Q.£ 501.75 4 6 ~ 407.81 ~ 642.11 6 6 ~ 573.70 ~ 925.13 8 6 ~ 717.79 1,127.87 1.186,37 (2) Multiple-family dwelling units containing five units or more shall use containers emptied by mechanical means, except as otherwise approved by the city because of lack of suitable space for a mechanical container or other good reason. (3) Commercial customers shall use mechanical containers and commercial refuse container service (Type E). Commercial customers shall include, but not be limited to, all office buiJdings, stores, filling stations, service establishments, light industry, schools, churches, clubs, lodges, motels, laundries, hotels, public buildings, food service, and lodging establishments. Commercial customers may use any of the following containers for accumulation of refuse: (a) Commercial refuse containers. The city shall require any commercial customer needing more than six refuse containers to use mechanical containers, if feasible. , (b) Mechanical containers. (4) The owners/operators of commercial establishments and other commercial customers shall accumulate such refuse in those locations mutually agreed upon by the owner/operator and the city or its contractors, and which are convenient for collection by the city or its contractors. (5) Containers emptied by mechanical means shall be provided by the city or its contractors. These containers shall be emptied on a schedule mutually agreed upon by the customer and the city or its contractors, but not less than one day a week nor more than six days a week. Maintenance of that container shall be as set forth in this chapter; however, the city's contractors shall not impose any separate or additional charges to customers or to the city for the rental or routine/regular maintenance of such containers that may be performed by the city's contractors. (6) Commercial customers needing less than six refuse containers, and those approved for this type of service by the city in advance because they lack a suitable location for a mechanical container shall also be serviced at least once per week. All garbage and commercial trash shall be collected 3 Ord. No. 49-95 I i . ' - --'~.- "~",._...~>.,.." --...._~..'. --'_.-- -- from such refuse containers at locations agreed to between the city or its contractors and the customer. The charge shall be based upon the following for such garbage and trash services; 90-Gallon Cart Service Pick-ups per Week Monthly Charge I I m:oo $39.03 2 ~ 75.94 3 H-h94 114.96 4 ~ 152.94 5' +8H9 190.91 6 ~ 227.82 I (C) The charges set forth above for mechanical containers and commercial refuse I container service (Type E) shall accrue and be payable on the total capacity of the container whether or not I it is full. Containers of the type and size designated by the city or provided by the city's contractors shall I be used. Where more than one user is serviced by one contractor, the monthly charges shall be levied to each customer by dividing the total monthly cost by the number of customers using that container; however, in no event shall the monthly service charge be less than ~ $39.05 for residential dumpster service and $55.89 $57.36 for commercial dumpster service. The tenn "CUSTOMER" as employed herein is any person using the service or to whom the service is available. Even if the customer is different from I the person who is actually billed for or pays for the service, the minimum monthly charge referred to above shall be calculated as to each customer. I (D) Commercial rates for recycling: Container Size Pick-ups Per Week Recycling Monthly Billing Rates (Square Yard) 96 gal 1 $18.47 $18.96 2 1 44M 45.74 3 1 ~ 60.25 4 1 ~ 82.55 6 1 ~ 109.33 8 1 ~ 137.23 96 gal 2 ~ 29.02 2 2 é1M 69.17 3 2 3+.-99 90.37 II 4 2 ~ 128.31 II 6 2 H4:-9G 179.62 I! II 4 Ord. No. 49-95 I I \1: . , ·- .-.-~-,- -- 8 2 223.79 229.84 96 gal 3 ~ 37.93 2 3 ~ 91.49 3 3 ~ 119.37 4 3 170.55 175.16 6 3 253.12 259.96 8 3 315.05 323.56 96 gal 4 4é:-n 47.98 2 4 +l-h9G 114.92 II 3 4 ~ 149.50 'I 4 4 ~ 220.90 I, 6 4 310.71 319.10 I 8 4 405.22 416.16 , 96 gal 5 ~ 58.02 2 5 134,70 138.34 3 5 ~ 178.51 i 4 5 ~ 267.77 I I 6 5 ~ 388.27 I 8 5 495.38 508,76 I 96 gal 6 ~ 68.05 I 2 6 ~ 161. 77 , 3 6 ~ 207.52 I I 4 6 ~ 314.63 I 6 6 ~ 457.45 ¡ 8 6 585.55 601.36 (E) Multi-Family Rates for Recycling: Multi-family units which do not receive curbside recycling service shall be I assessed a monthly charge of $-h+4 $1.79 per unit which shall be billed by the Contractor. ,I Section 2. 'That all ordinances or parts of ordinances in conflict herewith be, and the 'I same are hereby repealed. I 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. I Section 4, 'That this ordinance shall become effective immediately upon passage on second and final reading, and the changes set forth herein shall be applicable to all bills rendered on or after October 1,1995. , \ 5 Ord. No, 49-95 I I \ . , . . I ~.. ~·.4_" -- PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1995. MAYOR i ¡ ATIEST: I ! City Clerk First Reading Second Reading I I i I I I I I I ! I II I I I: I I ~ , 6 Ord. No. 49-95 I I I i \ I . . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER t1f<1 SUBJECT: AGENDA ITEM # I?- 8 - MEETING OF SEPTEMBER 5, 1995 FIRST READING FOR ORDINANCE NO. 51-95 , DATE: SEPTEMBER 1, 1995 This is first reading for Ordinance 51-95 which establishes the initial zoning classifications for the Bloods Hammock Groves property. The zoning categories include 51.71 acres of PRD-5, 28.29 acres of RM-8, 3.81 acres of Open Space and 10.27 acres of SAD. The subject property is located south of Linton Boulevard and east of Military Trail. Please refer to the attached staff documentation for analysis of this proposal. Planning and Zoning Board approved the initial zoning designa- tions subject to positive findings with respect to Section 2.4.5(D) (1), Section 3.1.1., Section 3.3.2 and policies of the Comprehensive Plan. Recommend approval of Ordinance 51-95 on first reading. If passed, public hearing is September 19, 1995. P~w2 4-0 . . - ~.- - ".--- ----+ ORDINANCE NO. 51-95 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ESTABLISHING INITIAL ZONING CLASSIFICATIONS FOR A PARCEL OF LAND KNOWN AS BLOOD'S GROVE ORCHARD, LOCATED SOUTH OF LINTON BOULEVARD AND EAST OF MILITARY TRAIL, AS MORE PARTICULARLY DESCRIBED HEREIN; SAID LAND HAVING BEEN ANNEXED TO THE CITY OF DELRAY BEACH BY ORDINANCE NO. 42-95; PROVIDING FOR THE ZONING THEREOF TO PRD-5 (PLANNED RESIDENTIAL DEVELOPMENT) DISTRICT - 5 UNITS/ACRE) FOR A 51.71 ACRE PORTION OF THE LAND, TO RM-8 (MEDIUM DENSITY RESIDENTIAL - 8 UNITS/ACRE) DISTRICT FOR A 28.29 ACRE PORTION OF THE LAND, TO OS (OPEN SPACE) DISTRICT FOR A 3.81 ACRE PORTION OF THE LAND, AND TO SAD (SPECIAL ACTIVITIES DISTRICT) FOR A 10.27 ACRE PORTION OF THE LAND; GRANTING SITE PLAN AND CONDITIONAL USE APPROVAL FOR THAT PORTION OF THE LAND TO BE ZONED SPECIAL ACTIVITIES DISTRICT; PROVIDING FOR REVIEW OF THE SPECIFIC SITE PLAN AND FUTURE SITE PLAN MODIFICATIONS BY THE SITE PLAN REVIEW AND APPEARANCE BOARD; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, Norman W. Blood, Jr. and The Estate of Carolyn J. Blood are the fee-simple owners of the parcels of land as more particularly described herein; and WHEREAS, by voluntary petition of the fee-simple owners, said land was annexed to the City of Delray Beach, Florida, by Ordinance No. 42-95, passed and adopted on second and final reading by the City Commission, on September 5, 1995; and WHEREAS, the designation of a zoning classification is part of the annexation proceeding, and provisions of Land Development Regulations Chapter Two have been followed in establishing the proposed zoning designations; and WHEREAS, the establishment of initial zoning was excluded from the annexation ordinance pending receipt of legal descriptions for each of the initial zoning classifications; and WHEREAS, said legal descriptions have now been provided; and WHEREAS, the Planning and Zoning Board reviewed the subject matter at public hearing on July 17, 1995, and voted 6 to 0 to recommend that the request be approved, based on positive findings wi th respect to Section 2.4.5(D)(I), Section 3.1.1 and Section 3.3.2 of the Land Development Regulations, and policies of the Comprehensive Plan. . , . ._-"--_._~._.-.-------- w_~ _ .--- ------- ------_._-P- .-.._--~- ------_._._-.~...- ._--_..-. --~- NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter Two of the Land Development Regulations has been followed in the establishment of the zoning classifications in this ordinance and the tract of land hereinafter described as Parcel 1 is hereby declared to be in Zoning District PRD-5 (Planned Residential Development - 5 units/acre)as defined by existing ordinances of the City of Delray Beach, to-wit: PARCEL 1: That part of Section 25, Township 46 South, Range 42 East, Palm Beach County, Florida, described as follows: Commence at the West Quarter Section corner of said Section 25; thence North 89 degrees 09'57" East, along the East-West Quarter Section Line of said Section 25, 40.00 feet to the Point of Beginning; thence North 0 degrees 59'57" West, along a line 40.00 feet East of and parallel with the West line of said Section 25, 336.22 feet; thence North 89 degrees 09'13" East, along the North Line of the South Half (S 1/2) of the Southwest Quarter (SW 1/4) of the Southwest Quarter (SW 1/4) of the Northwest Quarter (NW 1/4) of Section 25, 632.92 feet; thence South 1 degree 01'13" East, along the East Line of the South Half (S 1/2) of the Southwest Quarter (SW 1/4) of the Southwest Quarter (SW 1/4) of the Northwest Quarter (NW 1/4) of Section 25, 336.36 feet¡ thence North 89 degrees 09'57" East, along the East-West Quarter Section Line of Section 25, 673.04 feet; thence North 1 degree 02'29" West, along the West Line of the East Half (E 1/2) of the Northwest Quarter (NW 1/4) of Section 25, 346.75 feet; thence North 87 degrees 22'41" East, 300.11 feet¡ thence North 80 degrees 18'41" East, 121.93 feet; thence North 88 degrees 35'07" East, 114.70 feet to a point of curvature of a curve concave Northwesterly with a radius of 98.38 feet and a central angle of 86 degrees 50'54"; thence Northeasterly, along the arc of said curve, 149.13 feet; thence North 1 degree 44'1311 East, 108.07 feet; thence North 87 degrees 31'47" West, 366.51 feet¡ thence North 6 degrees 13'37" West, 66.33 feet¡ thence North 84 degrees 26'55" West, 268,05 feet to the said West Line of the East Half (E 1/2) of the Northwest Quarter (NW 1/4) of Section 25; thence North - 2 - Ord. No. 51-95 . ' ., _._- ..-._-,' ..._~~--- .,..-..---- . - --"--'~- --------- -- . 1 degree 02'29" West, along said West Line, 318.45 feet; thence North 88 degrees 52'27" East, 1508.39 feet to the West Line of Plat of Foxe Chase, as recorded in Plat Book 38, Pages 1 and 2 of the Public Records of Palm Beach County, Florida; thence South 1 degree 07'33" East, along said West Line, 1021.08 feet to the East-West Quarter Section Line of Section 25; thence South 89 degrees 09'57" West, along said East-West Quarter Section Line, 837.00 feet to the Northwest Corner of the Northeast Quarter (NE 1/4) of the Northeast Quarter (NE 1/4) of the Southwest Quarter (SW 1/4) of Section 25; thence South 1 degree 03'45" East, along the West Line of the Northeast Quarter (NE 1/4) of the Northeast Quarter (NE 1/4) of the Southwest Quarter (SW 1/4) of Section 25, 89.33 feet to the Northeast Corner of the Plat of Del-Aire Golf Club Second Addition, as recorded in Plat Book 39, Pages 66 and 67 of the Public Records of Palm Beach County, Florida; thence Southwesterly and Westerly along the arc of a curve concave Northerly with a radius of 685.00 feet, a central angle of 78 degrees 21'26" and a line to the radius point of said curve bearing North 62 degrees 11'42" West, 936.80 feet; thence North 73 degrees 50' 16" West, 223.46 feet to a point of curvature of a curve concave Southerly with a radius of 685.00 feet and a central angle of 6 degrees 43'38"; thence Westerly, along the arc of said curve, 80.43 feet; thence North 80 degrees 33'54" West, 268.51 feet to a point of curvature of a curve concave Southerly with a radius of 685.00 feet and a central angle of 20 degrees 22'20"; thence Westerly, along the arc of said curve, 243.56 feet; thence South 79 degrees 03'46" West, 384.56 feet to a line 40.00 feet East of and parallel with the West line of Section 25; thence North o degrees 59'57" West, along said parallel line, 351.07 feet to the said Point of Beginning. Containing 51. 71 acres, more or less. Section 2 . That Chapter Two of the Land Development Regulations has been followed in the establishment of the zoning classifications in this ordinance and the tract of land hereinafter described as Parcel 2 is hereby declared to be in Zoning District RM-8 (Medium Density Residential - 8 units/acre) as defined by existing ordinances of the City of Delray Beach, to-wit: - 3 - Ord. No. 51-95 . , . ---_. ---- ,-. ._.~ _._- .---- --, -.-----. - ~_.- --,. - PARCEL 2: That part of Section 25, Township 46 South, Range 42 East, Palm Beach County, Florida, described as follows: Commence at the West Quarter Section Corner of said Section 25; thence North 89 degrees 09'57" East, along the East-West Quarter Section Line of said Section 25, 1346.08 feet to the West line of the East Half (E 1/2) of the Northwest Quarter (NW 1/4) of Section 25; thence North 1 degree 02'29" West, along the said West line, 1013.40 feet to the Point of Beginning; thence North 88 degrees 52'27" East, 908.39 feet to a line 600.00 feet West of and parallel with the West line of the Plat of Foxe Chase, as recorded in Plat Book 38, Pages 1 and 2 of the Public Records of Palm Beach County, Florida; thence North 1 degree 07'33" West, along said parallel line, 651.60 feet; thence South 88 degrees 52'27" West, 22.30 feet to a point of curvature of a curve concave Southerly with a radius of 150.00 feet and a central angle of 36 degrees 51'35"; thence Westerly, along the arc of said curve, 96.50 feet; thence South 52 degrees 00'53" West, 32.98 feet; thence North 37 degrees 59'07" West, 165.99 feet to a point of curvature of a curve concave Easterly with a radius of 370.00 feet and a central angle of 37 degrees 03'10"; thence Northerly, along the arc of said curve, 239.28 feet; thence North 0 degrees 55'57" West, 248.80 feet to point of curvature of a curve concave Easterly with a radius of 220.00 feet and a central angle of 12 degrees 52'11"; thence Nox;therly, along the arc of said curve, 49.42 feet; thence North 11 degrees 56'1411 East, 206.78 feet to a point of curvature of a curve concave Westerly with a radius of 300.00 feet and a central angle of 12 degrees 52'1111; thence Northerly, along the arc of said curve, 67.39 feet; thence North 0 degrees 55'5711 West, 152.08 feet to the North Line of said Section 25; thence South 89 degrees 04'0311 West, along said North Line, 655.27 feet to the West Line of the East Half (E 1/2) of the Northwest Quarter (NW 1/4) of said Section 25; thence South 1 degree 02'2911 East, along said West Line, 1678.85 feet to the said Point of Beginning. Containing 28.29 acres, more or less. - 4 - Ord. No. 51-95 . , '. ,- _.._-_.----_._.__.~._- .---.. -------,---~._.._--.- ---~._-_._.._---- '._" ---..-....-..... - .....----.....-.- ~._." - ------..-----.-. ---------------------- -.----". ....---.....--.-- Section 3. That Chapter Two of the Land Development Regulations has been followed in the establishment of the zoning classifications in this ordinance and the tract of land hereinafter described as Parcel 3 is hereby declared to be in Zoning District OS (Open Space) as defined by existing ordinances of the City of Delray Beach, to-wit: PARCEL 3: That part of Section 25, Township 46 South, Range 42 East, Palm Beach County, Florida, described as follows: Commence at the West Quarter Section Corner of said Section 25; thence North 89 degrees 09'5711 East, along the East-West Quarter Section Line of said Section 25, 1346.08 feet to the West line of the East Half (E 1/2) of the Northwest Quarter (NW 1/4) of Section 25; thence North 1 degree 02'2911 West, along the said West line, 346.75 feet to the Point of Beginning; thence North 87 degrees 22'4111 East, 300.11 feet; thence North 80 degrees 18'4111 East, 121,93 feet; thence North 88 degrees 35'0711 East, 114.70 feet to a point of curvature of a curve concave Northwesterly with a radius of 98.38 feet and a central angle of 86 degrees 50'5411; thence Northeasterly, along the arc of said curve, 149.13 feet; thence North 1 degree 44'1311 East, 108.07 feet; thence North 87 degrees 31'4711 West, 366.51 feet; thence North 6 degrees 13'3711 West, 66.33 feet; thence North 84 degrees 26'5511 West, 268.05 feet to the said West line of the East Half (E 1/2) of the Northwest Quarter (NW 1/4) of Section 25; thence South 1 degree 02'2911 East, along said West Line, 348.20 feet to the said Point of Beginning. Containing 3.81 acres, more or less. Section 4. That Chapter Two of the Land Development Regulations has been followed in the establishment of the zoning classifications in this ordinance and the tract of land hereinafter described as Parcel 4 is hereby declared to be in Zoning District SAD (Special Activities District) as defined by existing ordinances of the City of Delray Beach, to-wit: PARCEL 4: That part of Section 25, Township 46 South, Range 42 East, Palm Beach County, Florida, described as follows: - 5 - Ord, No. 51-95 . .. ----.-------. .-.- -.----.-.-------..,.-----.----..------.--.- -_.-.~ .- .----.- -- -- ---.---..-----..---------.----..- .- ---,~._---- Commence at the West Quarter Section Corner of said Section 25; thence North 89 degrees 09'57" East, along the East-West Quarter Section Line of said Section 25, 1346.08 feet to the West line of the East Half (E 1/2) of the Northwest Quarter (NW 1/4) of Section 25; thence North 1 degree 02'29" West, along the said West line, 1013.40 feet; thence North 88 degrees 52'27" East, 908.39 feet to a line 600.00 feet West of and parallel with the West line of the Plat of Foxe Chase, as recorded in Plat Book 38, Pages 1 and 2 of the Public Records of Palm Beach County, Florida; thence North 1 degree 07'33" West, along said parallel line, 651,60 feet to the point of beginning; thence South 88 degrees 52'27" West, 22.30 feet to a point of curvature of a curve concave Southerly with a radius of 150.00 feet and a central angle of 36 degrees 51'34"; thence Westerly, along the arc of said curve, 96.50 feet; thence South 52 degrees 00'53" West, 32.98 feet; thence North 37 degrees 59'07" West, 165.99 feet to a point of curvature of a curve concave Easterly with a radius of 370.00 feet and a central angle of 37 degrees 03'10"; thence Northerly, along the arc of said curve, 239.28 feet; thence North 0 degrees 55'57" West, 248.80 feet to point of curvature of a curve concave Easterly with a radius of 220.00 feet and a central angle of 12 degrees 52'11"; thence Northerly, along the arc of said curve, 49.42 feet; thence North 11 degrees 56'14" East, 206.78 feet to a point of curvature of a curve concave Westerly with a radius of 300.00 feet and a central angle of 12 degrees 52'11"; thence Northerly, along the arc of said curve, 67.39 feet; thence North 0 degrees 55'57" West, 152.08 feet to the North line of said Section 25; thence North 89 degrees 04'03" East, along said North line, 237.17 feet to the South right-of-way line of Germantown Road; thence South 69 degrees 35'37" East, along said South right-of-way line, 264.75 feet to a point on a curve concave Easterly with a radius of 400.00 feet, a central angle of 18 degrees 16' 32" and a chord bearing South 13 degrees 33'49" East; thence Southerly, along the arc of said curve 127.59 feet to a point of reverse curvature of a curve concave Westerly wi th a radius of 320.00 feet and a central angle of 3 degrees 57'27"; thence Southerly, along the arc of said curve 22.10 feet; thence South 88 degrees 52'27" West, 17.57 feet; thence South 1 degree 07'33" East, 197.79 feet; thence South 43 degrees 52'27" West, 212.13 feet¡ - 6 - Ord. No. 51-95 . ' -_._._---- --.- --.--.-.---- - ~---_..-.-.._--_.- - .. ~ --*- ----.- '---'.-'-~----~ __-0-_0- ----- ..- thence South 1 degree 07'33" East, 360.00 feet; thence South 88 degrees 52'27" West, 100.00 feet; thence South 1 degree 07'33" East, 74.40 feet to the said Point of Beginning. Containing 10.27 acres, more or less. Section 5. That the uses allowed for the subject property described in Section 4, above, pursuant to Section 4.4.25(B) of the Land Development Regulations of the City of Delray Beach, Florida, shall be as follows: ** Thirty-three thousand and five hundred (33,500) sq.ft, of Citrus Packing House and related office and retail uses (floral, fruit sales, gifts, and juice bar) subject to a maximum retail component of 10,700 sq. ft. ** Additional retail sales such as convenience foods; household supplies; garden and lawn supplies; drugs and ..., medicine; small appliance sales and repairs; baked goods; delicatessen goods, subject to a maximum of 5,000 sq. ft. of floor area allocated to a single retail use, or groups of retail uses not to exceed 20,000 sq. ft. maximum. ** Provision of services such as: barber and beauty shops; dry cleaning limited to on-site processing for customer pick-up only; dry cleaning and laundry pick-up stations; financing e.g. banks and similar institutions excluding drive-through facilities; laundromats limited to self service facilities; equipment rental; newsstands; subject to the maximum area devoted to a single tenant for service uses not to exceed 2,000 sq. ft. in floor area and the floor area allocated to groups of service uses not to exceed 10,000 sq. ft. maximum. ** Up to 7,500 sq. ft. of restaurant use, excluding drive-in, drive-through facilities. ** Professional, medical, and general business office uses. ** Residential uses as allowed within the RM zoning district. ** A maximum floor area for the combined uses is not to exceed 65,000 sq. ft. - 7 - Ord. No. 51-95 . , . ---- --'--~-- _.. --.---.-.'.-..-.---.--..------.---.-- -.- ... -- ---- -, -- . ---_.- - - - ----- ,.- . Section 6. That the development of the property described . in Section 4, above, shall generally be in accordance with Blood's Commercial Project Master Plan, prepared by Slattery & Root, Architects, dated July 13, 1995, subject to review and approval of a specific site plan by the Site Plan Review and Appearance Board. Section 7. That any future modifications to the Blood's Commercial Project Master Plan, referred to in Section 6, above, which are not substantial and which do not deal with intensity or type of uses shall be reviewed by the Site Plan Review and Appearance Board and processed as site plan modifications. Section 8. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 9. 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 10. That this ordinance shall become effective immediately upon the effective date of Ordinance No. 44-95, under which official land use designations of Low Density, Medium Density, Open Space and Transitional are affixed to the subject parcels hereinabove described. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1995. MAY 0 R ATTEST: City Clerk First Reading Second Reading - 8 - Ord. No. 51-95 . , , --- . ,~ . '~ . - . ..... :1: .!;:: -- ~1F M E M 0 RAN DUM ;' '~ -- .~ :.. --.. -- TO: MAYOR AND CITY COMMISSIONERS - ... CITY MANAGER f'ít(. - FROM: :;,.- ~... AGENDA ITEM * I a c., ~~~ SUBJECT: - MEETING OF SEPTEMBER 5. 1995 . .' rIRST READING FOR ORDINANCE NO. 52-95/CABLE TELEVISION ;:..... ..- DATE: AUGUST 31, 1995 This is first reading for Ordinance No. 52-95 which amends Chapter 93, "Cable Television", of the City Code to provide for ..- ., free cable service to all public buildings within the city. '. ..~ .. . . As currently written, Section 93.~7, "Service to Schools, Public ,;,..; Buildings", provides that companies holding franchises which allow them to provide cable service to the residents of the city are required to provide basic cable service, free of charge, to public schools, fire stations, police stations and city ..:+ administration buildings located within the city limits. The .-"':;'#'-' :.... .'- proposed amendment will clarify the intent of the ordinance to ;'1 .. provide basic cable service to A.l.l buildings owned by the City free of charge, which would include, but not be limited to, schools, fire stations, police stations, administration buildings, community centers and clubhouses for golf courses or ...... tennis courts. .. As a separate item on tonight's agenda there is a request for the .. - Commission's consent to the transfer of Leadership's cable television franchise to Leadership Acquisition Limited ... Partnership, an affiliate of Adelphia Communications. In view of ' . this action, staff feels it is appropriate to clarify the intent . ~ of our ordinance as it relates to the provision of cable service to public facilities. ".-;¡'" :.~ Recommend approval of Ordinance No. 52-95 on first reading. If ..... ii passed, a public hearing will be held on September 19, 1995. ::1- -... § ?~" .~.... .~ti~ r~ i~:~ p~ ~;: 4-0 ":.;. ." .. '.. ~'i'" ·~~f ref:agmemo10 .- ", . ' . , "- , . ) , , - -- " - - .. -- - - ' ORDINANCE NO, 52-95 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 93, "CABLE --. TELEVISION", OF THE CODE OF ORDINANCES OF THE CITY OF .. DELRAY BEACH, BY AMENDING SECTION 93.27, "SERVICE TO SCHOOLS, PUBLIC BUILDINGS", TO PROVIDE FOR FREE CABLE SERVICE TO ALL PUBLIC BUILDINGS WITHIN THE CITY OF DELRAY BEACH; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to Section 93.27 of the City Code, companies holding franchises allowing them to provide cable service to the residents of the City are required to provide basic cable service, free of charge, to public schools, fire stations, police stations and city administration buildings located within the City limits; and , -, WHEREAS, the City desires that this section be clarified to - , ,. express the clear intent of the ordinance to provide basic cable service to all buildings owned by the City of Delray Beach free of charge, which would include, but not be limited to, schools, fire stations, police stations, administration buildings, community centers and clubhouses for golf courses or tennis courts; and WHEREAS, the City Commission deems it to be in the public interest to be able to provide programming for an educational or governmental purpose to the residents of Delray Beach. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 93, "Cable Television" , Section - 93.27, "Service to Schools, Public Buildings II , of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: The grantee shall install and provide basic service through one basic standard drop to each public school, fire station, police ,,' station¿ _~~ city administration building. community center. clubhouse for any city owned c¡olf course or tennis stadium or any other city owned buildinc¡ within the City located within the grantee's territory for educational or governmental purposes upon request by the City and at no cost to the City or to the public school system. Any internal distribution system within the buildings to which the free service is provided shall be at the expense of the party receiving the service and will be installed by the grantee at cost upon request. However, in each fire station included in the grantee's area, the grantee, at the City's request, shall provide one additional service drop at no cost to the City and, if any one or more of the City Commission . , : chambers, City civic center, City adult center, and the Public Works building are included in the grantee's area, the grantee, at the City's request, shall install two standard service drops at reasonably accessible locations in each such building within its area at no cost to the City. The grantee may, at its election, provide similar services without cost to private schools, including parochial or other religious schools. Section 2. 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 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. 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 , 1995. MAYOR ATTEST: City Clerk , First Reading Second Reading - , - 2 - Ord. No. 52-95 . , ..... . ~~ " . - RECErVED ¡ £IT' DF DELIA' BEA£H AUG 2 ~199S CITY ¥~... ---'" n~F"'r.F. CITY AnORNEY'S OFFICE 200 NW 1st AVENUE . DELRAY BEACH, FLORIDA 33444 FACSIMILE 407/278-4755 W 0 'Do Une (407 2 09 nter 5 trect : ) 43-7 1 DElRA Y 8EACH F .. 0 . I D A . ~ AWmericaCity MEMORANDUM " II I! DATE: August 22, 1995 1993 TO: City Commission FROM: Susan A. Ruby, City Attorney - SUBJECT: Ordinance 50-95 Amendin~ Police and Firefi~hter Pension Plan ._~ ,- .-..-.- This ordinance amends the Police and Fire Pension Ordinance as follows: 1. The definition of "continuous service" is revised to reflect the Federal Uniformed Services Employment and Reemployment Rights Act of 1994. 2. Section 33.62(d)(I)(c) is added to conform with recent changes in state law which provides that death benefits payable to a spouse of a police officer or firefighter under 175/185 Pension Plans do not terminate upon the spouse's remarriage. 3. The effective date of the ordinance relates back reinstating such benefits as of July 1, 1994 according to law. By copy of this letter to David Harden, City Manager, our office requests that this ordinance be placed on the City Commission September 5, 1995 agenda for City val. Ðavid Harden, City Manager J.sI !:.ERn Ins- cc: Cf /ð , '1S- Alison MacGregor Harty, City Clerk Paòll~ 4-0 pension4.sar Id. D. (l) Printp.rl on f:lp.rvr./p.rl P::Inpr . ' , . -'.. .'_. -- - - .-' -' -. : - 1 ,- ORDINANCE NO. 50-95 : ~ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF ... DELRAY BEACH, FLORIDA, AMENDING CHAPTER 33, II POLICE AND FIRE DEPARTMENTS II , SUBHEADING · PENSIONS II , OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 33.60, "DEFINITIONSII, TO REVISE THE DEFINITION OF II CONTINUOUS SERVICE II TO REFLECT THE FEDERAL UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT OF 1994¡ AMENDING SECTION 33.62, "BENEFIT AMOUNTS AND ELIGIBILITY", TO PROVIDE BENEFITS TO THE SURVIVING SPOUSE OF A MEMBER WHO IS KILLED IN THE LINE OF DUTY, NOTWITHSTANDING THE SPOUSE'S REMARRIAGE¡ PROVIDING A SAVING CLAUSE AND AN EFFECTIVE DATE. WHEREAS, the Florida Legislature has enacted and the Governor has allowed to become law Ch. 94-171, Laws of Florida, requiring certain benefits be paid to the surviving spouse of a police , officer or firefighter who is killed in the line of duty¡ and WHEREAS, the City of Delray Beach Pension Ordinance for police officers and firefighters must be amended to comply with Ch. 94-171, Laws of Florida. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: - , Section 1. That Title III, "Administration", Chapter 33, II Police and Fire Departments II , Section 33.60, "Definitionsll, of the Code of Ordinances of the City of Delray Beach, be, and the same is hereby amended to read as follows: _.. ·CONTINUOUS SERVICE.· .. ( 1 ) Uninterrupted service by a member (expressed as -, years and completed months) from the date he last entered employment . . as an employee until the date his employment is terminated by death, disability, retirement, resignation or discharge. (2) : However, the continuous service of any member .. shall not be deemed to be interrupted by: ; - .. : . ' ... .. -, --. ... .._.._....-. ,- ..- -- ~. --. .-"-..--.-<'-." . .. (a) Any authorized leave of absence or vacation, provided all members similarly situated in similar circumstances shall .. be treated alike pursuant to uniform, nondiscriminatory rules. No · -- credit for benefit eligibility for computation purposes under the ~.. system shall be allowed for any such period of leave of absence. ..... -..-. (b) Any service, whether voluntary or involuntary, in the armed forces of the United states, provided - the member is legally entitled to reemployment under the -. provisions of the Uniformed Services Employment and Reemployment ... .. .. Riqhts Act of 1994 ~~týøt_~~ /1t~t~t~s /_~~ /Øøtýt¢ø /~¢~ and any ,- amendments thereto, or any law applicable to such reemployment, and · . provided that a member shall apply for reemployment within three months following termination of such service. or as otherwise allowed .. by the Uniformed Services Employment and Reemployment RiCJhts Act of .-.-. ., 1994. and any amendments thereto. Nothing aforementioned shall serve ~ to reduce the accrued accredited services of the members on the .- ~ effective date of the plan. ; _..' (3 ) Continuous service shall also include, for reemployed members, those years and completed months for which -" the reemployed member had withdrawn his contributions to the ~ Trust Fund, where the reemployed member into the Fund the .. repays contributions he had withdrawn, with interest based upon the · plan's annual total rate of return for the pension funds, as computed by the actuaries or the City, for those years and completed months, within 90 days after his reemployment date, A reemployed member may also repay only a portion of the withdrawn funds with interest and receive a like credit for continuous service; however, repayments, whether partial or total, shall only be permitted once within the gO-day limit. Section 2. That Title III, "Administration", Chapter 33, .' "Police and Fire Departments", Section 33.62, "Benefit Amounts and - Eligibilityll, Subsection (D), II Preretirement Death" , paragraph ( 1 ) , "Service incurred II , of the Code of Ordinances of the City of Delray Beach, be, and the same is hereby amended to read as follows: (D) Preretirement death. (1) Service incurred. A death benefit shall be payable on behalf of any member who dies as a direct result of an occurrence arising in the performance of service. These benefits are not to be limiting to other benefits available under state .. law. The benefits shall be payable as follows: · ... .. - 2 - Ord. No. 50-95 . - . ~'--' --- .., .... ~.~ - <0'-.. ~ .,.~..___ - -.." '. -""'.', ..- '..,"-'- ._-. .. - (a) To the spouse, until the earlier of death or - ,- remarriage, a monthly benefit equal to fifty percent (50%) of the ,- -, member's average monthly earnings; or to a designated beneficiary ..., or beneficiaries other than the spouse, until death, a monthly -:- benefit equal to the actuarial equivalent of a lifetime benefit ..- payable to the member if the amount of fifty percent (50%) of the -- member's average monthly earnings at date of death, plus ..- (b) 1. For each unmarried child until he or she shall have reached the age of eighteen (18) years, and for each , unmarried child from age 18 until age 22 who is a full-time :..' student in a fully accredited high school, college or university, -.. there shall be paid in equal monthly installments, an amount equal to five percent (5%) of the average monthly earnings subject to an overall limitation of a total of sixty percent . (60%) of average monthly earnings for the spouse and children combined. The nonstudent child's pension shall terminate on the earlier of death, marriage or the attainment of age 18. The pension of a child who is a student shall terminate on the earlier of death, marriage or the attainment of age 22. Legally adopted children shall be eligible the same as natural children. I 2. Upon remarriage or death of the spouse, the five percent (5%) child allowance shall be increased to ten '..' percent (10%) for each child, not to exceed a combined total of , thirty-five percent (35%) of the member's monthly .. average earnings. The trusteeship and disbursements of the pension to any child shall be determined by the Board of Trustees. (c) Notwithstanding provision of -, any this subsection to the contrary. the surviving spouse of any member killed in the line of duty shall not lose death benefits upon remarriage. "- 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. .. - 3 - Ord. No. 50-95 . ' . I . ... " .- .. ,- - .._-. -- --'-..'-'- .-- ,- <- -~. -- ..... --~. -- --'-~''" .~..,--, .. ~- I Section 4, That Section 1 of this ordinance shall take effect upon final adoption. Section 2 shall take effect July 1, 1994, and the death benefits payable to the spouse of a member who was killed in the line of duty which were terminated by reason of the spouse's remarriage prior to that date shall be reinstated as of July 1, 1994, at an amount that would have been payable had such benefit not been terminated. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1995. MAYOR ATTEST: City Clerk First Reading I .' I Second Reading I I ì t - 4 - Ord. No. 50-95 \ . " _.n. n . - - ...,. -'.... --- ~ :::". .::! M E M 0 RAN DUM <.;..::.;J.- !·-1" -~ ..;..J,.. ~.... ,..- ~.- ..... TO: MAYOR AND CITY COMMISSIONERS :~ .:.-;. ........ - FROM: CITY MANAGER~ -= """" :~ :;-'1\'"' SUBJECT: AGENDA ITEM i '.;l £. - MEETING OF;' SEPTEMBER 5 , 1995 .;..... r~ S"FIRST . READING FOR ORDINANCE NO. 53-95/KIDS AND COPS -r..r" E: COMMITTEE DATE: AUGUST 31, 1995 ' , -;:: -.- This is first reading for Ordinance No. 53-95 which provides for representation from the new Orchard View Elementary School on the Kids and Cops Committee. ."l Part of the committee's membership is made up of representatives -', .< from each of the public schools wi thin the City. . Since Orchard View Elementary has now opened its doors to the community, it is /f appropriate that the ordinance be amended to include representation ~.:...:. from this new school. :.--;'~, -, , , Recommend approval of Ordinance No. 53-95 on first reading. If ~. passed, a public hearing will be held on September 19, 1995. -.. ~ :';1'''''1 - . ..~, PQö~(d2 4-0 ,..f ..,...>1: "'¡r - ~t :. ~ ~~ ;.<;.'"' # ~ :a I ~ ....... .... 1i ,;;3 ~ -~, "" ~ ~.201;, ~ ê$ - !..",. :~ , - , . .~¡, ;~ .'.. ref:agmemo11 ., Jr dO .., L . - . ' , r-:: L~ ~ ....-,:. 0- 1;' .~ ." ._" -' -....---..- -'...- _.,- ~ ·0 1-:' ORDINANCE NO. 53-95 ....-~. .. "'-1'" AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF ,....... DELRAY BEACH, FLORIDA, AMENDING CHAPTER 32, .. "DEPARTMENTS, BOARDS AND COMMISSIONS II, SUBHEADING -.. "KIDS AND COPS COMMITTEE", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 32.41, "COMPOSITION¡ TERMS ¡ APPOINTMENT", TO PROVI DE . - FOR REPRESENTATION FROM ORCHARD VIEW ELEMENTARY SCHOOL ON THE KIDS AND COPS COMMITTEE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to Section 32.40 of the City Code, the Kids and Cops Committee is established as an advisory body to the City Commission¡ and WHEREAS, Section 32.41 of the City Code provides that the ,- membership of the Kids and Cops Committee shall consist of representatives from certain groups and organizations, including a c representative from each of the public schools within the community; and WHEREAS, Orchard View Elementary School is the newest public school in the City, having opened its doors for the 1995/96 School Year¡ and ,. .. -~ I WHEREAS, the City desires to have representation from Orchard View Elementary School on the Kids and Cops Committee. -..- .--'. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 32, "Departments, Boards and Commissions", Subheading "Kids and Cops Committee", Section 32.41, "Composition¡ Terms; Appointment", Subsection 32.41(A)(5), of the Code ' . .. of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (5) A representative from each of the following schools, as designated by the respective school principals: ,.- (a) Pine Grove Elementary (b) S.D. Spady Elementary (c) Plumosa Elementary (d) Banyan Creek Elementary -- (e) Orchard View Elementary , (L¢) Carver Middle School -, i.g,l Atlantic High School . , - . , - .. '.. ." .... -'.- . _.._~.. ,- ..--- ---- - ~, - '-'- -- .- ....- - .'_.-- "-- ..~ _.,~-----. - Section 2 . 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 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. 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 , 1995. MAYOR ATTEST: .. City Clerk First Reading Second Reading ~..t. '," " .. "- '" ".~ ", - .... - 2 - Ord. No. 53-95 . , · ZUCCALA'S WRECKER SERVICE (WI:: !J.U[[ fO"l. c4mníca 633 E. Industrial Ave. Boynton Beach, FL 33426 (407) 737-1212 SEPTEMBER 5, 1995 DISTINGUISHED MEMBERS OF THE CITY COUNCIL OF DEL RAY BEACH MY NAME IS DREW ZUCCALA. I OWN AND OPERATE ZUCCALA WRECKER SERVICE INC. MY COMPANY HAS BEEN THE PRESENT CONTRACTOR FOR TOWING SERVICES IN DELRAY BEACH FOR THE PAST 6 YEARS. t1Y COt1PANY HAS EXCLUSIVELY OPERATED IN THE DELRAY AND BOYNTON AREA FOR THE PAST 18 YEARS. I WOULD LIKE TO BRING TO YOUR ATTENTION INFORMATION REGARDING THE UPCOMING BID FOR THE TOWING CONTRACT. POINT #1 - WHY WOULD THE CITY ALLOW A TOWING CONTRACTOR TO BE ABLE TO STORE CARS AS FAR AWAY AS THE BROWARD COUNTY LINE? POINT #2 - WHY WOULD THE CITY REWORD THEIR CONTRACT TO MAKE IT EASIER FOR A CONTRACTOR TO QUALIFY - SPECIFICALLY IN REGARDS TO THE TRUCK SIZE AND NUMBER OF TRUCKS REQUIRED? POINT #3 - WHY IS THE CITY REQUIRING THE CONTRACTOR TO TOW CITY VEHICLES FOR FREE WHEN THE CITIZENS OF DEL RAY BEACH HAVE TO PAY? THE CONTRACTOR RECEIVES NOTHING REGARDING THESE FREE SERVICES. IN CLOSING, THE CITY OF DELRAY BEACH IS GROWING BY LEAPS AND BOUNDS. IT SHOULD BE STRENGTHENING ITS REQUIREMENTS FOR THE CITY TOWING CONTRACT NOT WEAKENING THEM. THE CONTRACTOR SHOULD AT LEAST BE REQUIRED TO PAY TAXES IN THE CITY OF DELRAY BEACH. HOW Cf^ìN t.JE EXPECT THE CITIZENS OF DELRAY BEACH TO TRAVEL AS FAR AS THE BROWARD COUNTY LINE TO RECOVER THEIR VEHICLES? I HOPE THE COUNCIL WILL SEE THESE POINTS AS MAJOR DEFICIENCIES AND TABLE THE TOWING CONTRACT FOR FURTHER DISCUSSION. SINCERELY, DREW ZUCCALA "