Res 01-13RESOLUTION NO. 40 -13
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, MAKLNG TENTATIVE
APPROPRIATIONS OF SUMS OF MONEY FOR ALL
NECESSARY EXPENDITURES OF THE CITY OF DELRAY
BEACH FOR THE PERIOD FROM THE I" DAY OF
OCTOBER, 2013, TO THE 3e DAY OF SEPTEMBER, 2014; TO
PRESCRIBE THE TERMS, CONDITIONS AND PROVISIONS
WITH RESPECT TO THE ITEMS OF APPROPRIATIONS AND
THEIR PAYMENT; AND TO REPEAL ALL RESOLUTIONS
WHOLLY IN CONFLICT WITH THIS RESOLUTION AND
ALL RESOLUTIONS 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
"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 mare 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 1" day of October, 2013, and ending
the 30`f' day of September, 2014, for which the appropriations are made, are sufficient to pay all the
appropriations in full. Otherwise, said appropriations shall be deemed to be payable in such
proportion as the total swn of realized revenue of the General Fund is to the total amount of
revenues estimated by the City Commission to be available in the period commencing the I" day of
October, 2013, and ending the 30"' day of September, 2014.
Section 3. That all balances of the appropriations payable out of the General Fund
of the City Treasury unencumbered at the close of .business on the 30 " day of September, 2013,
except as otherwise 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 I" day of October, 2013. 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 or any Fund 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 1"
day of October, 2013.
Section 4. That no department, bureau, agency or individual free. .
appropriations under the provisions of t1-is resolution shall exceed the amount of its appropriation,
except with the consent and approval of the City Commission first obtained. 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
therefore.
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 G. That none of the monies enumerated in this resolution in connection
with the General Fund, Water and Sewer Fund, 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 Officer 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 goverrirnent shall be paid promptly into the City Treasury.
Section S. That the foregoing budget is hereby tentatively 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 surer
amounts for classes of expenditures /expenses which have been included in this resolution.
Section 9. That a public hearing was held on the tentative tax levy and the tentative
budget on September 3, 2013.
Section 10. That this resolution shall become effective immediately upon its
passage.
PASSED AND ADOPTED in regular session on this the Std day of September,
2013.
A Y 0 R
ATTEST-
City Clerk
RES. NO. 40-13
Exhibit A
Budget Summary
DOWNTOWN SPECIAL
CASH BALANCES BROUGHT FORWARD
1,541,660
0
1,554,250
0
3,095,910
ESTIMATED REVENUES:
TAXES Mirages
AD VALOREM TAXES 7.4546
47,304,160
0
0
0
47,304,160
AD VALOREM TAXES 0,453
2,168,970
0
0
0
2,168,970
AD VALORLM - DELINQUENT
350,000
0
0
6
350,000
AD VALOREM - DDA 1.0000
0
535,706
0
0
535,706
Sales & Use Taxes
1,305,000
0
0
0
1,305,000
Utility Taxes
5,235,000
0
0
0
5,235,000
Other Taxes
4,174,000
0
0
0
4,174,000
Franchise, Licenses & Permits
8,991,630
0
1,200
0
8,992,830
Intergovernmental
6,599,600
0
245,750
651,100
7,496,450
Charges for Services
10,517,540
0
43,029,310
0
53,546,850
Fines & Forfeitures
998,500
0
D
93,750
1,092,250
Miscellaneous Revenues
5,916,510
57,000
250,930
618,040
6,842,480
Other Financing Sources
4,553,240
0
1,075,000
1,024,620
6,652,860
TOTAL. REVENUES AND OTHER
FINANCING SOURCES
98,114,150
592,706
44,602,190
2,387,510
145,696,556
TOTAL FS11MATED REVENUES
AND BALANCES
99,655,810
592,705
46,156,440
2,387,510
148,792,466
E XP EN D I T U RES IEX P E N S E S:
General Government Services
10,106,640
0
0
0
10,106,640
Public Safety
56,125,660
0
0
93,750
56,219,410
Physical Environment
560,870
0
27,611,360
D
28,172,230
Transportation
3,523,710
0
0
0
3,523,710
Economic Environment
7,315,770
591,223
0
1,397,620
9,304,613
Human Services
59,750
0
0
0
59,750
Culture & Recreation
14,499,550
0
3,667,720
893,680
19,0.60,950
Debt Service
3,996,990
0
6,588,980
0
10,585,970
Other Financing Uses
3,216,870
0
7,256,630
0
10,473,500
TOTAL EXPENDITURESIEXP£NSES
99,405,810
591,223
45,124,690
2,385,050
147,506,773
Reserves
250,000
1,483
1,031,756
2,450
1,285,693
TOTAL EXPENDITURES AND RESERVES
991655,810
592,706
46 ,156,440
2,387,510
148,792,466
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CFN 20130169244
OR BK 25946 PG 1113
RECORDED 04/13/2013 11:16.0.
Palm Beach County, Florida
Sharon R. Hock,CLERK S COMPTROLLER
Pgs 1113 - 1118; 46pgs)
RESOLUTION NO. 0113
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE
CODE OF ORDINANCES OF T[IE CITY OF DELRAY BE -kCH,
ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN
LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND
PROVIDING TFTAT A NOTICE OF IJ N SHALL ACCOMPANY THE
NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS
INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATRXf ENT AND
LEVYING THE COST OF SUCH ABATEMENT OF NMsANCES;
PROVIDING FOR AN EFFECT= DATE AND FOR A DUE DATE
AND INTEREST ON ASSESSMENTS; PROVIDING FOR TILE
RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY
TO BE A LIEN UPON THE SUBJECT PROPER'Iy FOR UNPAID
ASSESS=MENTS.
WHEREAS, the City Abaraga or his designated representative bas, pursuant to
Chapter 100 of the Code: of Ordit aftces, declared the e:zistence of a nuisance upon cct -Fain lots or
parcels of bead, described in the list attached hereto and made a part hereof, for violatioa of the
provisions Of Chapter 100 of the Code of Otdinances; and,
WHEREAS, pursuant to Section 10021 and 100.2'2 of the Code of Ord n.ces of
the City- of Delray Beach, the City M-anager or bis designated i-epreserltative. has inspected said
land(s) and has detmni ed that a nuisance existed in accordance with the standards set forth in
Chapter 100 of the Code of Ordinances, and did f{atoish the respective- owner(s) of the rt .nd(s)
descjibed in the attached list-with wtitten notice of public nuisance putsuant to Sections 100.21 and
100.22 of the Code of Ordinances describing the natxte of the nuisan.ce(s) and sent notice that
witbin seven () days from the date of said notice (forty -two (42) days in the case of violation of
Section 100.04 pe_t-tain g to seawalls) they must abate said nuisance, or file a writtea request for a
heating to review the decision that a auisaace existed within five (5) daps from the date of delivery
of said notice, tailing which the City of Delray Beach world proceed to cartect this conditiosa by
abating such nuisance, and that the cost thereof would be levied as an assessment against said
property; and,
WHEREAS, the property owner(s) named in the list attached hereto anal rude a part
hereof did fail and neglect to abate the nuisance(s) existing upon their respective lands or to properly
request a hearing pursuant to Section. 100.21 and 100.22 within the time Emits prescribed in said
notice and Chapter 100 of the Code of Ordinances,
ces or if the property owners) did rcquest and
receive a heaiitig, said propetty owner(s) failed and /or neglected to abate such nuisances) within the
true designated at the heating wherein a decision was rendered adverse to the propetty owner(s);
and,
WHEREAS, the City, of Delray Beach, through the City Administration or such
agents or contractors bited by the CityAdtninistration was therefore requited to and did enter upon
the lands) described in the list attached and made a part hereof and incurred costs in abating the
subject nuisances) existing thereon as described in the notice, and,
WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Chapter
100 of the Code of Ordinances of the City of Delray Beach, submitted to the City Commission a
report of the costs incurred in abating said nuisances) as aforesaid, said fepott indicating the costs
pet parcel of land itvolved; and,
WHERF SS, the City Coromi sion of the City of Delray Beach, pursuant to Chaptet
100 of the Code of Ordinances desi+_es to assess the cost of said nuisances) against said ptoperty
owner(s),
NOW, THE .FORE, BE IT RESOLVED BY TIC CITY CO2vNffSSj0N OF
THE MY OF DF:LRAY BEACH, FLORIDA, AS FOLLOWS:
Section. 1. That assessments in the individual amounts as shown. by the report of the
City Alaer of the City, of Delray Beach, involving the CiLys cost of abating the aforesaid
nuisances upon the lots or parcels of land described in said report, a copy of which is attached
hercto and made a pact hereof, are hereby levied against the parcel(s) of Iand described ice. said report
and in the aTnount(s) indicated thereon. Said assessments so IFvied shall, if not paid vvitbin thirty
(30) days after mailing of the notice described itaa Sec. 3, become a lien upon the respective lots and
parcels) of land described its said report, of the same nature and to the same ewtenr as the liefl for
general city taxes and shall be collectible in the same manner as mortgages and foreclosures are
under state law.
• 4
Section 2. That such assessments shall be legal, valid and binding obligations upon
the property against which said assessments ate levied.
Section 3. That the City Clem of the City of Deh-ay Beach is hereby directed to
immediately mail by }first class mayR to the owners) of the property, as such ownership appears upon
the records of the County Tax Assessor, notice(s) that the City Corn - mission of the City of Delray
Beach at the january 3, 2013 meeting has levied an assessment against said property £or the cost of
abatement of said nuisance by the City, and that said assessment is due and payable within thirty (30)
days afiet the mailing date of said notice of assessment, after which a Hen shall be placed ou said
property, and iszterest will accrue at the rate of S °la per at..num, plus reasonable attorney's fees and
other costs of collecting said sums. A Notice of Lien sh-0 be mailed, along nth the Notice of
Assessment and this resolution.
Section 4. That this tesolution shall become effective thirty (30) days doss the date
of adoption and the assessments) contained herein shall become due and payable tbitty (30) days
after the mailing date of the notice or said assessment(s), after which a lien. shall. be placed on said
Res. No. 01 -13
properiy(s), opad interest shall acctue at the rate of eight (S) percenti pet annum_ plus, if collection
proceedings xm n.ecessaty, the costs of such proceedings including a reasonable attotn.ep's fee. _
Section I That in the event that payment has not been received by the City Clerk
within thirty (30) days after the maslifig date; of the noiice of assessMesrt, the City Clerk is hereby
directed to record a certified copy of this resolutioia in the public records of Pal m Bcach County,
Florida, atld upon the data and tine of recording of the cerd,3ed copy of this resolutioti a Tien shall
become effective on the subject property which shall. secure the cost of abatement, intetest at the
rate of 9 %, and collection costs including a reasonable attomey's fee.
ATIST.
PASSED AND ADOPTED in regular session ors this 3d day ofJanuaty, 2013.
City Clerk
F
M WR
This ins sumesitwas pret}ated by:
.Brian Shutt, City Attorney
200N.W. V Avenue
Delray Beach, Florida 33444
Res. No. 0 1 -I3
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCE
PROPERTY DESCRIPTION
OWNER
ASSESSMENT
238 SE 4TH AVENUE
LINNS ADD TO OSCEOLA PARK DELRAY
LOTS 22 & 23 BLOCK 95
PCN 12 43 46 16 04 095 0220
CASE NO. NA12 -29809
Frederick Hoffman
388 Driftwood Terrace
Boca Raton, FL 33431
$ 95.00
Invoice No. 38095
$ 55.00
Admin Fee
$ 25.00
Admin Fee
$ 175.00
602 SE 3RD AVENUE
OSCEOLA PARK LOT 19 BLOCK 7
PCN 12 43 46 21 01 007 0190
CASE NO. NA12 -30507
Durone B. Loute
Feigens Loute
602 SE 3rd Avenue
Delray Beach, FL 33483
$ 125.00
Invoice No. 38096
$ 55.00
Admin Fee
$ 25.00
Admin Fee
$ 205.00
1314 SW 22ND AVENUE
DELRAY BEACH HIGHLANDS SEC 3
LOT 8 BLOCK 8
PCN 12 43 46 19 04 008 0080
CASE NO. NA12 -29808
Jorge Vidaure
1314 SW 22nd Avenue
Delray Beach, FL 33445
$ 75.00
Invoice No. 38098
$ 55.00
Admire Fee
$ 25.00
Admin Fee
$ 155.00
805 SW 7TH AVENUE
COLONIAL HEIGHTS LOT 6 BLOCK 2
PCN 12 43 46 20 03 002 0060
CASE NO. NA12 -29472
1811 Meadows Group LLC
308 SW 27th Terrace
Delray Beach, FL 33445
$ 175.00
Invoice No. 38099
$ 55.00
Admin Fee
$ 25.00
Admin Fee
$ 255.00
520 SW 9TH STREET
DELRAY MANOR ADD TO DELRAY
E 40 FT OF LOT 86 & W 20 FT OF LOT 87
PCN 12 43 46 20 12 000 0861
CASE NO. NA12 -29912
Stacey Sanders
Cassandra Sanders
826 SW 4th Avenue
Delray Beach, FL 33444
$ 150.00
Invoice No. 38102
$ 55.00
Admin Fee
$ 25.00
Admin Fee
$ 230.00
__.-_.--..-..-___._— ----- _ ... ... __.___._._____. —___.—
VIOLATION IS: SECTION 100.01— LAND TO BE KEPT FREE OF DEBRIS,
VEGETATION, AND MATTER CONSTITUTES HAZARDS; DECLARED NUISANCE
RES NO. 01 -13
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCES
PROPERTY DESCRIPTION
OWNER
ASSESSMENT
380 SE 5TH AVENUE
OSCEOLA PARK LOT 10 /LESS E 10 FT RD
RIW1 BLOCK 104
PCN 12 43 46 21 01 104 0100
CASE NO. NA12 -29766
Hare, Hare, Hare Inc.
c/o Robert L. Hornung, RIA
366 SE 5th Avenue
Delray Beach, FL 33483
$ 100.00
Invoice No. 38103
$ 55.00
Admin Fee
$ 25.00
Admin Fee
$ 180.00
319 SW 11TH AVENUE
BELLEHAVEN UNIT B LOT 17
PCN 12 43 46 17 39 000 0170
CASE NO. NA12 -28582
Elberta Crawford
319 SW 11th Avenue
Delray Beach, FL 33444
$ 75.00
Invoice No. 38109
$ 55.00
Admin Fee
$ 25.00
Admin Fee
$ 155.00
1119 N VISTA DEL MAR DRIVE
DELRAY BEACH ESPLANADE LT 4, E 112 OF
LT 5 & S 10 FT ABND LAING ST LYG N OF & ADJ
TO
PCN 12 43 46 16 18 000 0040
CASE NO. NA12 -29705
Poyner & Cort
Alan Lederfeind Tr Title Holder
23108 Post Gardens Way #213
Boca Raton, FL 33433
1119 Vista Del Mar
Delray Beach, FL 33483
$ 100.00
Invoice No. 38110
$ 55.00
Admin Fee
$ 25.00
Admin Fee
$ 180.00
VIOLATION IS: SECTION 100.01 — LAND TO BE KEPT FREE OF DEBRIS,
VEGETATION, AND MATTER CONSTITUTES HAZARDS; DECLARED
NUISANCE
RES NO. 01 -13
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CERTIFICATION
I, CHEVELLE D. NUBIN, MMC, City Clerk of the City of Delray
Beach, do hereby certify that the attached document is a true and correct
copy of Resolution No. 01 -13, as the same was passed and adopted by the
Delray Beach City Commission in regular session on the aid day of January
2013.
IN WITNESS WHEREOF, I have hereunto set my hand and the
official seal of the City of Delray Beach, Florida, on this the 5th day of April
2013.
Chevelle D. Nubin, MMC
City Clerk
City of Delray Beach, Florida