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04-12-94 Regular . " DURA't 8UCH ..... CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION REGULAR MEETING mr - APRIL 12, 1994 6:00 P.M.; PUBLIC HEARING 7:00 P.M. COMMISSION CHAMBERS The City shall 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 activity conducted by the City. Please contact Doug Randolph, (407) 243-7127 at least twenty-four (24) hours prior to the program or activity in order for the City to reasonably accommodate your request. RULES FOR PUBLIC PARTICIPATION 1. PUBLIC COMMENT: The public is encouraged to offer comments with the order of presentation being as follows: City Staff, public comments, Commission discussion and official action. City Commission meetings are business meetings and the right to limit discussion rests with the Commission. Generally, relllarks by an individual wi 11 be l11Bi ted 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 wi shing 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. _.- : .. City Commission Regular Meeting 04/12/94 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 or hearing, such persons will need a record of these proceedinqi, and for this purpose suoh persons may need to ensure that a verbatim reoord of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The City will neither provide nor prepare such record. AGENDA 1. Roll Call. 2. Invocation. 3. Pledge of Allegiance to the Flag. ./4. Agenda Approval. Action: Motion to Approve. 5. Approval of Minutes: Regular Meeting J/22/~4 Special Meeting 3/31/94 6. Proclamations: Girl Scout Leader's Day IOF Foresters Child Abuse Awareness Week National Youth Service Day 7. Presentations: A. See. Add ef"l du..fY\ 8. Consent Agenda: City Manager recommends approval. A. RESOLUTION NO. 31-94: A resolution assessing costs for abatement action required to demolish an unsafe structure at 33 NW 61:h Avenue. B. RESOLUTION NO. 32-94: A resolution assessing costs for abatement action required to remove nuisances on four properties throughout the City. C. WAIVER OF LAND DEVELOPMENT REGULATIONS/BOAT LIFT: Approve a waiver to LDR Regulation 7.9. 11 (A) governing the boat lift at 965 Bolender Drive. D. REIMBURSEMENT FOR ROAD IMPROVEMENTS/WALLACE DODGE: Approve a reimbursement to William Wallace for expenditures associated with the improvement of S.W. 10th Avenue at Linton Boulevard. - 2 - -, City Commission Regular Meeting 04/12/94 ~ AMENDMENT TO LEASE AGREEMENT & REVISED OUIT CLAIM DEED/WOMEN'S ~. CLUB: Approve a request from the Women's Club to amend their ~0. lease agreement with the City and to file a revised Quit Claim Deed to allow the Club to sub-lease the property for commercial purpose.. F. FINAL PAYMENT/ACCEL PLUMBING. INC. : Approve final payment in the amount of $825.61 to Accel Plumbing for work completed at the Tennis Center Phase II. Funding source is General Construction Fund - Tennis Center (Account No. 334-4145-572- 63.42 G. FINAL PAYMENT/BERMUDA LANDSCAPE AND DESIGN: Approve final payment in the amount of $1,824.20 to Bermuda Landscape and Design for work completed at the Tennis Center Phase II. Funding source is General Construction Fund - Tennis Center (Account No. 334-4145-572-63.42 H. CRA RELOCATION ASSISTANCE/LOVE APARTMENTS: Approve and accept $12,000 from the Community Redevelopment Agency to provide relocation assistance to the tenants of the Love Apartments, 33-42 N.W. 1st Avenue. I. FINAL PLAT/LOT 8 & 9 BLOCK 2/FOXPOINTE SUBDIVISION: Conaider approval of final plat for the replat of Lots 8 and 9, Block 2, Foxpointe Subdivision to accommodate a future building addition to Lot 9. J. PURCHASE & CONSTRUCTION AGREEMENT/S.W. 10TH AVENUE/J. HENRY FELTON. JR. : Consider acceptance of Purchase and Construction Agreement with J. Henry Felton, Jr. , in the amount of $13,000 for properties on S.W. 10th Avenue right-of-way. K. PURCHASE & CONSTRUCTION AGREEMENT/S.W. 10TH AVENUE/MS DE 0: Consider acceptance of Purchase and Construction Agreement with MS DE Q for properties on S.W. 10th Avenue right-of-way. In return for the right-of-way, the City will install driveway access from S.W. 10th Avenue to the owner's property. L. PURCHASE & CONSTRUCTION AGREEMENT/S.W. 10TH AVENUE/ELIZABETH GONZA~EZ ; Consider acceptance of Purchase and Construction Aqreement with Elizabeth Gonzalaz in the amount of $3,800 for properties on S.W. 10th Avenue right-of-way. M. PURCHASE AND CONSTRUCTION AGREEMENT/S.W. 10TH AVENUE/GLENN & PATRICIA HAGGERTY: Consider acceptance of Purchase and Construction Agreement with Glenn Patricia Haggerty in the amount of $18,000 for 3 lots on S.W. 10th Avenue right-of- way. N. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA. O. EASEMENT DEED/PALM BEACH COUNTY SCHOOL BOARD: Granting easement deed to Palm Beach County School Board for School Site S. P. AWARD OF BIDS AND CONTRACTS: - 3 - ., City Commission Regular Meeting 04/12/94 1. Chemioals for Water Treatment Planti annual oontraot for Liquid Chlorine, Calcium and Sodium Hypochlorite, to Jones Chemicals, at estimated annual cost of $110,025. 2. Contract Award to Intercontinental Construction Corpora- tion for housinq rehabilitation of 918 S.W. 3rd Court in the amount of $19,955 from Community Development Housing Rehabilitation (Account No. 118-1963-554-49.19). 3. Contract Award to Intercontinental Construction Corporation for rental rehabilitation of 238 S.E. 4th Avenue in the amount of $22,125. Investor's share of $14,625 from Commun.ity Development Rental Rehab.il.itat.ion (Account No. 118-1975-554-34.65) - Rental Rehabilitation share of $7,500 from (Account No. 118-1975-554-49.19). 9. Regular Agenda: A. REVIEW OF APPEALABLE LAND DEVELOPMENT ACTIONS OF VARIOUS BOARDS: Consider accepting the actions and decisions made by the Site Plan Review and Appearance Board during the period March 21 through April 8, 1994. B. TRANSFER OF INTEREST EARNINGS: Consider transfer of interest eQrning~ in the Qmount of (;35 I 000 from 1991 WQter Qnd Belfer Revenue Bond Interest Earnings (Account No. 447-0000-361-10.00) to Enclave Water and Sewer Phase II (Account No. 447-5175-536- 60.31) for water and sewer improvements at Gulfstream Estates and Lake Heights enclave project. C. ALLEY RECONSTRUCTION/BLOCK 58: Consider petition by residents on Block 58 to delete this alley from the Alley Reoonstruction Project. D. AGREEMENT/JEM ORCHIDS AND ORNAMENTALS AND THE CITY OF DELRAY BEACH: Consider agreement between Gene Monnier and Jean Monnier, dba JEM Orchids and Ornamentals. regarding the Morikami Park well field. 10. Public Hearings 11. Comments aDd Inquiries on Non-Agenda Items from the Public- Immediately following Public Hearing.. A. City Manager's response to prior public comments and inquiries. B. From the Public. 12. First Readings: A. ORDINANCE NO. 20-94: An ordinance which provides for establishment of the Kids and Cops Committee as an advisory body to the City Commission. The ordinance would exempt Kids and Cops Committee members from the current term limits of two, two-year terms. - 4 - '. . City Commission Regular Meeting 04/12/94 B. ORDINANCE NO. 21-94: An ordinance for annexation, small scale land use plan amendment, and initial zoning for The Boy's Farmers Market. C. ORDINANCE NO. 22-94: An ordinance repealing Chapters 53 and 54 of the Code of Ordinances and combining them into a new Chapter 53 to bring the City into compliance with the Environmen-l:al Protection Agency regulations regarding waste from Residential, Industrial, and Commercial buildings. 13. Comments and Inquiries on Non-Agenda Items. A. Commission B. City Attorney C. City Manager - 5 - ., CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION REGULAR MEETING - APRIL 12, 1994 - 6:00 P.M. COMMISSION CHAMBERS AGENDA ADDENDUM ITEM 7. - PRESENTATIONS - ON THE APRIL 12, 1994, CITY COMMISSION AGENDA IS AMENDED TO INCLUDE: 7 . Presentations: A. Gee & Jenson - Pompey Park Swimming Pool ., . . [ITY DF DElRAY BEA[H DElRAY BEACH ~'~~. ',',j ,,",, '/'::i\J L':: GCL-';':"( 8=~t>.~ '-:~_.':'Hi~A 33444 ~U5 2<-l:~ :-OOlJ AlI.America City "III! PROCLAMA TION 1 qq l WHEREAS, Girl Scouts of the U.S.A. observes the thirteenth annual Girl Scout Leader's Day on April 22, 1994; and, WHEREAS, since 1912, Girl Scout Leaders have given unselfishly of themselves and invested in the future of girls; and, WHEREAS, throughout 82 years of dedicated service, Girl Scout Leaders have prepared girls to meet the responsibilities and challenges of a rapidly changing societYi and, WHEREAS, Girl Scout Leaders are role models who girls can admire, hold in esteem, and respect; and, WHEREAS, Girl Scout Leaders make Girl Scouting a fun, all girl, memorable experience for girls ages five through seventeen. NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim April 22, 1994, as GIRL SCOUT LEADER'S DAY in Delray Beach, Florida, and urge all citizens to join in the acknowledgement of the dedication of all Girl Scout Leadere. 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 12th day of April, 1994. MAY 0 R THOMAS E. LYNCH _. SEAL ~A .... ~ ~ ,. , I [ITY DF DELRAY BEA[H DElRA Y BEACH ~(.~ . ..".= .' :--. .:;;.. :...:......4 - ~ , AII.America City , III I! PROCLAMA TIOt/ ]Cjl)j WHEREAS, Child abuse is a national tragMy that affects us all with over 2.5 million children being reported annually as abused or neglected; and, WHEREAS, child abuse is recognized as an ever increasing problem in today's society which affects educational institutions; prison, health and social service systems as well as the community as a whole; and, WHEREAS, the U.S. Advisory Board on Child Abuse and Neglect appointed by Congress issues a report stating the amount of child abuse in our country constitutes a national emergencYi and, WHEREAS, the IOF FORESTERS AGAINST CHILO ABUSE campaign and local Court Sunshine, observes the third week in Apr il as IOF Foresters Child Abuse Awareness Week in order to increase the effectiveness of Child Abuse Prevention Month. NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City of Oelray Beach, Florida, on behalf of the City Commission, do hereby proclaim the week of April 17, 1994 though April 23, 1994 as IOF FORESTERS CHILD ABUSE AWARENESS WEEK in Delray Beach, Florida, and hereby urge all citizens to recognize the importance of helping to prevent child abuse. Furthermore, I encourage all citizens to support prevention throUllh parentinll education and Iupport prollraml, volunteerism, and community involvement to help stop abuse and strengthen families. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Oelray Beach, Florida, to be affixed this 12th day of April, 1994. MAY 0 R THOMAS E. LYNCH SEAL ~f3 TL-JC I=cc0PT Alll\/!:lV<'::: M L\TT[:PC:: I . [ITY DF DELRAY BEA[H DElRA Y BEACH ~'~.:~ . 'j'~ -, ~ ~,-.;... -- .-' C::.c. 3:.::444 :'-1':: 'Co;\) AII.America City , III I! PROCLAMA TIO:V 199 l WHEREAS, the future of our community, our state and our nation depends upon the type of young people we ra1SQ to hanalQ thQ a!!a1rS o! tomorrow; ana, WHEREAS, it is the duty of all citizens, parents and youth organizations to develop a proper attitude among the young people of our community, and to provide them with the right examples, environments and opportunities; and, WHEREAS, the purpose of organizing a "National Youth Service Day" is to reinforce in our young Americans the importance and excitement of helping others and in creating a public awareness of the positive contributions that young people make in the nation's progress; and to link thvir talvnts ana rVS01.lrovs to aaarvss somv of thv major issues facing our cities -- drug and alcohol abuse, education, hunger and homelessness, and assisting our elderly citizens; and, WHEREAS, the co-sponsors of National Youth Service Day are The U.S. Conference of Mayors, the Jefferson Awards, Lutheran Brotherhood, Points of Light Foundation and Youth Service America. NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim Tuesday, April 19, 1994 as NATIONAL YOUTH SERVICE DAY in the City of Delray Beach, Florida, and encourage our citizenry to participate in the festivities on this great day, and urge all area youth to become involved in their cities and help build a brighter tomorrow. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Oelray Beach, Florida, to be affixed this 12th day of April, 1994. -- MAY 0 R 'THOMAS E. LYNCH SEAL fo~ T t:- -~~ " -",~~._--~- . . %~ . CITY OF DEL RAY BEACH, FLORIDA - CITY COMMISSION REGULAR MEETING - APRIL 12, 1994 - 6:00 P.M. COMMISSION CHAMBERS AGENDA ADDENDUM ITEM 7. - PRESENTATIONS - ON THE APRIL 12, 1994, CITY COMMISSION AGENDA IS AMENDED TO INCLUDE: 7. Presentations: A. Gee & Jenson - Pompey Park Swimming Pool , . [IT' DF DELRAY BEA[H 100 N,W. 1st AVENUE . DELRAY BEACH, FLORIDA 33444 . 407/243.7000 ...... ANn8tcaClty , III I! 1993 MEMORANDUM TO: David Harden, City Manager FROM: Joe Weldon, Director of Parks and Recreation SUBJECT: Pompey Park Pool Funding DATE: April 11, 1994 As you are aware, the cost . of the swimming pool at Pompey Park, including construction contingencies, architect's fees, etc. , is estimated in the range of $768,000. Right now we have secured funding of $400,000 from the City of Delray Beach and $168,000 from Palm Beach County. This leaves us approximately $200,000 short. One possible 'source of this funding is the CDBG Program that has two options. 1.) Funding out of next year's allocation which would require reprioritizing next year's budget. 2. ) Apply., for a Section 108 loan to borrow against future use designations to be paid back over a number of years. Lula Butler suggests that we pursue option #1. Additionally, since we probably will not have the construction drawings completed and the project ready to bid for at least another 6 months, we are probably looking at next year's fiscal budget from which we may be able to identify other funding sources. W and Recreation cc: Director of Community Improvement Ref:ppplfund THE EFFORT ALWAYS MATTERS , , [IT' DF DELIA' HEAEM 100 N.W. 1st AVENUE . OELRAY BEACH, FLORIDA 33444 . 4Q7/243-7QOQ ..... All-AlnRaClty " II I! 1993 MEMORANDUM TO: David Harden City Manager FROM: Joe Weldon Director of Parks and Recreation SUBJECT: Pompey Park Pool Funding DATE: March 31, 1994 Attached please find some correspondence from the Community Redevelopment Agency indicating they will loan $100,000 to the City toward the Pompey Park pool. The loan would be short-term at an interest rate equal to the rate of the tax exempt revenue bonds currently held by the CRA. Additionally, in order to loan the money to the City, the CRA will have to revise their redevelopment plan which the City must first approve. As you know, the City has budgeted $400,000 and $100,000 was requested in a grant from the Florida Development Assistance Program, which was denied. The advisory committee secured $168,000 in additional funding from Palm Beach County and the $100,000 from the CRA for a total of $668,000. ~lso attached is a budget from Gee & Jenson indicating the total cost of the project could, with architects' fees and contingencies, be $768,200. I have asked Mr. Greenwood to review the fees for Gee & Jenson and advise if they are appropriate. As you are aware, an advisory committee worked with staff and the consultant on the pool plans. I 'suggest a presentation be made to City Commission concerning the cost and amenities included with the pool. If other funds are not available, these amenities (Le. heat pump, etc. ) will be listed as alternates in the bid and may be deleted or added later on when funding becomes available. THE EFFORT ALWAYS MATTERS . -2- Please review and advise. U Parks and Recreation Attachment cc: William Greenwood Director of Environmental Services JW: cp Ref:dhpool$ , . 'CD Community Redevelopment -a Agency Delray Beach March 14, 1994 Mr. Joe Weldon Director, Parks & Recreation City of Delray Beach 50 NW 1st Avenue Delray Beach, FL 33444 RE: Pompey Park Pool Dear Joe: In response to your request for a $100,000 contribution to the proposed Pompey Park Pool in Delray Beach, the Commissioners of the Community Redevelopment Agency ("CRAil) propose the following: 1. The CRA will loan $100,000 to the City of Delray Beach within 30 days after the CRA has revised their Redevelopment Plan incorporating a new program into the Plan. The City of Delray Beach must approve the revised Redevelopment Plan. The loan would be short-term at an interest rate equal to the rate of the tax exempt revenue bond funds currently held by the CRA. The CRA Board expressed a desire to have the funds repaid in January of 1995. 2. The CRA will need a letter from the City of Delray Beach stating which portion of the City's contribution is included in the Comprehensive Plan and which portion would be allocated to the CRA's loan. The State of Florida prohibits the CRA from contributing to any public projects of its governing body if the project is listed in the body's five-year capital improvement plan of the Comprehensive Plan. (See attached opinion letter from Robert Federspiel.) Please advise us of the City's interest in pursuing this avenue at your earliest convenience. If you wish to /have funds available prior to September 1, 1994, we will need approximately 90 days to rev' e t}1e CRA Redevelopment Plan. Christopher J. Brown Executive Director /d RECEIVED MAR 1 5 .' Enclosure .. cc: Robert W. Federspiel, Esq. 207 E. Atlantic Avenue, Delray Beach, FL 33444 (407) 276-8640 I Fax (407) 276-8558 , . SPINNER. DITT~IA..V. FEDERSPIEL a: DOWLING ATTORNEYS AT LAW A PARTNERSHIP INC~UOING PRO"E5SIONA~ ASSOCIATIONS 501 EAST AT~ANTlC AVENUE DELRAY BEACH, FLORIDA 33483 (407) 276-2900 ROBERT A. OITTMAN FAX OONA~O C, OOW~ING (407) 276-5489 ROBERT W. "EOERSPIE~, p, A, WEST PAloM BEACH lolNE .JOHN W SPiNNER (4071 7305-0400 March 8, 1994 Board of Commissioners Community Redevelopment Agency 207 East Atlantic Avenue Delray Beach, FL 33444 RE: Pompey Park Pool Renovation Dear Commissioners: As you are aware, the Board has received a verbal request from the Parks and Recreation Department of the City of Delray Beach to consider contributing approximately One Hundred Thousand Dollars ($IOO,OOO.OO) to the repair and renovation of the Pompey Park Pool. The decision for you is clearly a policy decision as to the appropriateness and priority which you would assign to the project, however, several legal matters must be addressed if you wish to proceed. 1. Florida Statute, Chapter 163.370(2) provides that "the following. projects may not be paid for or financed by increment revenues: . . ~ (b) installation, construction, reconstruction, repair or alteration of any publicly owned capital improvements or projects which are not an integral part of or necessary for carrying out the Community Redevelopment Plan if such projects or improvements are normally financed by the governing body with user fees or if such Droiec1:s or imDrovemen1:s would be ins1:alled, cons1:ruc1:ed, recons1:ruc1:ed, reDaired or al1:ered wi1:hin 1:hree (3) years of ~h. aDproval of 1:ha Communi1:v RedeveloDmen1: Plan by 1:he 'GoverninG body Dursuan1: 1:0 a Dreviouslv aDDroved public ca-pi1:al improvemen1:, Droiec1: schedule or Dlan of 1:he Governin9 body which aD~roved 1:h. COlDllluni1:v Redevelopmen1: Plan." The City's Capital Improvement Plan and Comprehensive Plan both include the expenditure of approximately Two Hundred Thousand Dollars ($200,000.00) by the City during the fiscal year 1993/1994 for the Pompey Park Pool. It,is my opinion that the City needs to clearly identify the work ,which would be performed for the approximate sum of Two Hundred Thousand Dollars ($200,000.00) and clearly identify the improvements for which the CRA would potentially be paying separately in order to participate in this project. . . ~'-~. Community Redevelopment Agency March 8, 1994 Page 2 2. This project is not currently set forth within the Community Redevelopment Plan and the Plan would require amendment. If you have any questions with regard to these matters please do not hesitate to ask. Sincerely, If ROBERT W. FEq~RSPIEL, P .A. ;~ j --:obertlFedersPiel RWF : kp cc: Mr. Christopher J. Brown , , - ~ n GEE & JENSON ::ng,neers-Arcr:leC!S-P'ar:'""'e~s, :":: 2r:e "-tarva~ J C 'C:2 ';.;es: "'a.'" geac~, F'~ 33409 Te:ecC'ore (407i 683-330' March 1, 1994 ,;:ax ,'''':071636-74.16 Joe Weldon, Director Parks & Recreation City of Delray Beach 50 N.W. 1 st Avenue Delray Beach, FL 33444 Re: Pompey Park Pool Budget Dear Joe: At the February 17th meeting of the Advisory Committee for the Pompey Park Pool, the status of Palm Beach County Funding, State Grants, and City Funding was discussed at length. The Committee was informed that the FRDAP Grant requested from the State of Florida for $100,000 was denied, but will be applied for again for next fiscal year. Also, Palm Beach County has agreed to fund $168,000 toward the new pool, which combined with existing City bond funds of $400,000, brings the total project funding to $568,000. The capital cost alone for the new pool and buildings totals $668,000, excluding design fees.. The fee for service authorization No.4 (Preliminary Analysis) is $8,000 (not to exceed). Final design fees and construction phase services for the facility would total another $58,800. Also, a 5% construction contingency is advisable for budgeting purposes. A recap of expenditures is listed below: Capital Cost of Pool & Buildings $668,000 Construction Contingency (5%) $33,400 Preliminary Analysis Fee (Service Auth. No.4) $8,000 Final Design Plans (6%) & Construction Phase Services (4%) $58,800 Estimated Total Project Cost $ 768,200 This amount is $200,000 above existing funding levels. The Advisory Committee agreed to approach the City to try to obtain funding for enhancement of existing facilities per Comprehensive Plan, Policy No. A-2-2, and to approach the Delray r Beach CRA to obtain project specific ,funding for the replacement of the pool. In addition to searching for these additional funds, Gee & Jenson suggests the deferring of the heat pump, pool site lighting system and some equipment costs RECEIVEU MAt< 2 1994: , n Mr. Joe Weldon Pompey Park Pool Budget March 1, 1 994 - Page 2 (See estimate, Page 3 of Preliminary Analysis) to a later fiscal year if a/l the funds cannot be obtained at this time. This should allow a savings (deferred) of $90,000 to $100,000. The pool facility would be designed to accommodate the add-on of these facilities by installation of piping, conduits and other necessary basic items when the pool was built. Therefore, it appears if the Advisory Committee can se~ure a minimum of $100,000 of additional funds (total of $668,000), the project can proceed. We would anticipate start of design drawings about May 1 st, with bids being received by mid July and a construction start of October 1, 1994. This schedule would allow construction completion prior to April 1, 1995. Please call if you have any questions on the schedule or budget details or if we may assist you in any other way. rs, IG/~ W. Richard Staudinger, P.E. WRS/ln 93040.1 cc: Carey Moulton Phil Crannell Russell Oevick m:\wrslpomppool 1 I, , I 1 . , . MEMORANDUM _______.~___.__.___ _"'u _ _ ____ TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER vrj SUBJECT: AGENDA ITEM # f A __::-__l!~_~'J.'JBG_ OF APgIL_l.?L 1994 RESOLUTION NO. 31-94 DATE: APRIL 8, 1994 This is a resolution assessing costs for abatement action required to remove an unsafe building on property located at 33 N.W. 6th Avenue. The resolution sets forth the actual costs incurred and provides the mechanism to attach a lien on this property in the event the assessment of $1,017.50 remains unpaid. Recommend approval of Resolution No. 31-94 assessing costs for removing an unsafe building on property located at 33 N.W. 6th Avenue. " , RESOLUTION NO. 31-94 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO ARTICLE 7 . 8 , "UNSAFE BUILDINGS" , OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU- TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. WHEREAS, the Building Official or his designated representative has, pursuant to Article 7.8 of the Land Development Regulations, declared the existence of an unsafe building upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the building codes and building requirements adopted by Article 7.8 and those Codes adopted in Chapter 96 of the Code of Ordinances; and, WHEREAS, pursuant to Article 7.8 of the Land Development Regulations of the City of Delray Beach, the Building Official or his designated representative has inspected said land(s) and has determined that an unsafe building existed in accordance with the standards set forth in Article 7.8 and/or Chapter 96 of the Code of Ordinances, and did furnish the respective owner(s) of the land(s) described in the attached list with written notice of unsafe building and detailed report of conditions and notice to vacate as the Building Official determined that the building was manifestly unsafe and is considered a hazard to life and public welfare pursuant to Article 7.8 of the Land Development Regulations, describing the nature of the violations and sent notices that the building was to be vacated and that the building was to be repaired or demolished; work must be begun wi thin sixty (60) days and all work must be completed within such time as the Building Official determines, said notice also advised that all appeals must be filed within thirty (30) days from the date of service of the notice and failure to file an appeal or to make the repairs required that the Building Official would have the authority to have the building demol- ished from the date of the said notice; and, WHEREAS, all the notice requirements contained within Article 7.8 have been complied with; and, , . . ___.,_.~._ n."."_. , WHEREAS, neither an appeal to the Board of Construction Appeals or corrective action was undertaken in accordance with the order of the Chief Building Official; therefore pursuant to Article 7.8 of the Land Development Regulations the Building Official caused the abatement action to be done; and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Section 7.8.11 of the Land Development Regulations of the City of Delray Beach, submitted to the City Commission a report of the costs incurred in abating said condition as aforesaid, said report indicating the costs per parcel of land involved; and, WHEREAS, the City Commission of the City of Delray Beach, pursuant to Article 7.8 of the ,Land Development Regulations desires to ! assess the cost of said condition against said property owner(s). I NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That assessments in the amount of as shown by the report of the City Manager of the City of Delray a copy of which is attached hereto and made a part hereof, are hereby levied against the parcel(s) of land de s c r ibed in said report and in the amount(s) indi- cated thereon. Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice described in Section 7.8.11 become a lien upon the respective lots and parcel(s) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner and with the same penalties and under the same provisions as to sale and I foreclosure as City taxes are collectible. Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are \ levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by certified mail, postage prepaid, return receipt requested, to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach has levied an assessment against said property for the cost of abatement action regarding an unsafe building by the thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said property, and interest will accrue at the rate of six percent (6%) per annum, plus reasonable attorney's fees and other costs of collecting said sums. - 2 - Res. No.31-94 " Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment(s) contained herein shall become due and payable thirty (30) days after the mailing date of the notice of said assessment(s), after which a lien shall be placed on said property(s), and interest shall accrue at the rate of six percent (6%) per annum plus reasonable attorney's fee and other costs of collection. Section 5. That in the event that payment has not been re- ceived by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certi- fied copy of this resolution. a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 6%, and collection costs including a reasonable attorney's fee. PASSED AND ADOPTED in regular session on this the day of , 1994. MAYOR ATTEST: City Clerk - 3 - Res. No. 31-94 , NOTICE OF ASSESSMENT Date TO: Laurie Baker ADDRESS: 330 Washington Avenue, Delray Beach, Fl 33444 PROPERTY: 33 NW 6th Avenue, Delray Beach, Fl 33444 LEGAL DESCRIPTION: S50' of N200' of W135' of Block 20, Town of Delray according to Plat Book 1, Page 3 of the official records of Palm Beach County, Fl. You, as the record owner of, or holder of an interest in, the above- described property are hereby advised that a cost of $1,017.50 by resolution of the City Commission of the City of Delray Beach, Florida, dated , 1993, has been levied against the above-described property. The costs were incurred as a result of a nuisance abatement action regarding the above-described property. You were given notice on 3-30-93 that the Building Official has determined that a building located on the above-described property was unsafe. You were advised in that notice of the action that would be taken to remedy that unsafe condition and that the action would be initiatp.d on an emergency basis by the City. x You failed to appeal the decision of the Building Official to the Board of Construction Appeals although you were informed of your right to an appeal and of the procedures for obtaining appeal. You have also failed to take the corrective action required by the notice of the Building Official. You appealed the decision of the Building Official to the Board of Construction Appeals. You were given written notification on that you were required to take the corrective action required by the decision of the Board of Construction Appeals within a stated period of time. You failed to take the action as required by the order of the Board of Construction Appeals. You appealed the decision of the Building Official to the Board of Construction Appeals on . The Board of Construction upheld the decision of the Building Official. The City of Delray Beach has therefore taken remedial action to remove the unsafe condition existing on the above-described property on 2-11-94 at a cost of $1,017.50 which includes a ten percent (10%) administrative fee. If you fail to pay this cost within thirty (30) days. that cost shall be recorded on the official Records of Palm Beach County. Florida against the above-described property. , , Copy of all notices referred to in this notice are available in the office of the Build~ng Official. BY ORDER OF THE CITY COMMISSION. City Clerk " , MEMORANDUM --------- TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER t7t1 SUBJECT: AGENDA ITEM # g'8 ~___~EETINQu OF j\PEIL l_fl 1994 RESOLUTION NO. 32-94 DATE: APRIL 8, 1994 This is a resolution assessing costs for abatement action requi red to remove nuisances on three properties located within the City. The resolution sets forth the actual costs incurred and provides the mechanism to attach liens on these properties in the event the assessments remain unpaid. Recommend approval of Resolution No. 32-94 assessing costs for abating nuisances on four properties located within the City. . . --'-"~'---'-'---~' -..-----.---...-.--'.- - _H._.__ --.,. RESOLUTION NO. 32-94 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACHs FLORIDAs PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CI TY OF DELRA Y BEACH s ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S} LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF I LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTIONs AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESS- MENTS. WHEREASs the City Manager or his designated representative has, pursuant to Chapter 100 of the Code of Ordinancess declared the exis- tence of a nuisance upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the provisions of Chapter 100 of the Code of Ordinances; and, WHEREASs pursuant to Section 100.20, 100.21 and 100.22 of the I Code of Ordinances of the City of Delray Beach, the City Manager or his i designated representative has inspected said land(s) and has determined I that a nuisance existed in accordance with the standards set forth in Chapter 100 of the Code of Ordinances, and did furnish the respective I owner(s) of the land(s) described in the attached list with written I notice of public nuisance pursuant to Sections 100.20, 100.21 and 100.22 I of the Code of Ordinances describing the nature of the nuisance(s) and I sent notice that within ten (10) days from the date of said notice forty-two (42) days in the case of violation of Section 100.04 pertain- ing to seawalls) they must abate said nuisance, or file a written request for a hearing to review the decision that a nuisance existed within ten (10) days from the date of said notice, failing which the City of Delray Beach would proceed to correct this condition by abating such nuisance, and that the cost thereof would be levied as an assess- ment against said propertYi and, WHEREAS, the property owner(s) named in the list attached hereto and made a part hereof did fail and neglect to abate the nuisance(s) existing upon their respective lands or to properly request a hearing pursuant to Section 100.21 and 100.22 within the time limits prescribed in said notice and Chapter 100 of the Code of Ordinances, or if the property owner(s) did request and receive a hearing, said prop- erty owner ( s) failed and/or neglected to abate such nuisance (s) within the time designated at the hearing wherein a decision was rendered adverse to the property owner(s)i and, I , . ---~.~ _n.._ _ . __. ..... '.. ,." , ._..__." c' _"~__ ~ - -.. .._._--~- --"---'---~'--" ---_.. --.- ",.-----.---- '-.----..--.-" . 1 WHEREAS, the City of Delray Beach, through the City Administra- 1 tion or such agents or contractors hired by the City Administration was I therefore required to and did enter upon the land(s) described in the list attached and made a part hereof and incurred costs in abating the subject nuisance(s} existing thereon as described in the noticej and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Chapter 100 of the Code of Ordinances of the City of Delray Beach, submitted to the City Commission a report of the costs incurred in abating said nuisance(s} as aforesaid, said report indicating the costs per parcel of land involvedj and, WHEREAS, the City Commission of the City of Delray Beach, pursuant to Chapter 100 of the Code of Ordinances desires to assess the cost of said nuisance(s) against said property owner(s), NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That assessments in the individual amounts as shown by the report of the City Manager of the City of Delray Beach, involving the City's cost of abating the aforesaid nuisances upon the lots or parcels of land described in said report, a copy of which is attached hereto and made a part hereof, are hereby levied against the parcel(s) of land described in said report and in the amount(s} indicated thereon. Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice described in Sec. 3, become a lien upon the respective lots and parcel(s) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner as mortgages and fore- closures are under state law. I Section 2. That such assessments shall be legal, valid and I binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by first class mail to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach on the has levied an assessment against said property for the cost of abatement of said nuisance by the City, and that said assessment is due and payable within thirty (30) days after the mailing date of said notice of assessment, ': after which a lien shall be placed on said property, and interest will accrue at the rate of 8% per annum, plus reasonable attorney's fees and other costs of collecting said sums. A Notice of Lien shall be mailed, along with the Notice of Assessment and this resolution. - 2 - Res. No. 3 2 - 9 4 ! . _ ..--...-..--..--...----, --- ._ .__.._. ._ 'M'__..'."___ _,.., .~,,_. ___ _-._ ____0"_ -. .- -- -..-- .-._~_.....,-----_._----. --'--------- ! Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment(s) contained herein shall become due and payable thirty (30) days after the mailing date of the notice of said assessment(s), after which a lien shall be placed on said property(s), and interest shall accrue at the rate of eight (8) percent per annum plus, if collection proceedings are necessary, the costs of such proceedings including a reasonable attorney's fee. Section 5. That in the event that payment has not been I received by the City Clerk within thirty (3D) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certified copy of this resolution a lien shall become effective on the I I I subject property which shall secure the cost of abatement, interest at the rate of 8%, and collection costs including a reasonable attorney's fee. PASSED AND ADOPTED in regular session on this the day i of I 1994. I I MAYOR ATTEST: City Clerk ! i - 3 - Res. No. 32-94 . - COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCES PROPERTY DESCRIPTION OWNERS ASSESSMENT LOT 1, BLOCK 15, OSCEOLA PARK, JOHN PIERRE & $ 40.00 PLAT BOOK 3, PAGE 2, PUBLIC AUGUSTE SAINVILIEN 70.00 (ADM. COST) RECORDS OF PALM BEACH COUNTY, 900 SE 2ND AVENUE FL DELRAY BEACH, FL (900 SE 2ND AVENUE) 33483-3456 LOT 19, BLOCK 10, ATLANTIC EVELYN CLINTON $ 35.00 GARDENS DELRAY, PLAT BOOK 14 C/O SONYA HOLLEY 70.00 (ADM. COST) PAGE 63, PUBLIC RECORDS OF 217 NW 7TH AVENUE PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444 (SW 10TH AVENUE - VACANT LOT) LOT 9, BLOCK 10, ATLANTIC WADE DEVELOPMENT $ 50.00 GARDENS DELRAY, PLAT BOOK 14 CORP. , INC. 70.00 (ADM. COST) PAGE 63, PUBLIC RECORDS OF 7575 DRIVE PALM BEACH COUNTY, FL PHILLIPS BLVD. #320 (SW 11TH AVENUE - VACANT LOT) ORLANDO, FL 32819-7221 S 150 FT OF W 135.5 FT OF MARY J. GREEN $ 60.00 TOWN OF DELRAY, PLAT BOOK 5 C/O AMERIFIRST 70.00 (ADM. COST) PAGE 64, PUBLIC RECORDS OF 17500 NW 68TH AVE. PALM BEACH COUNTY, FL #210 (415 NW 2ND STREET) HIALEAH, FL 33015-4044 VIOLATION IS: SEC. 100.01 LAND TO BE KEPT FREE OF DEBIS, VEGETATION, MATTER CONSTITUTING HAZARDS, DECLARED NUISANCE Res. No. 32-94 - 4 - . , MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER t'Jt1. SUBJECT: AGENDA ITEM # F~ - MEETING OF APRIL 12, 1994 WAIVER OF LAND DEVELOPMENT REGULATION~LBOAT LIFT DATE: APRIL 8, 1994 This is before the Commission to approve a waiver to LDR Regulation 7.9.11(A) governing the boat lift at 965 Bolender Drive. Land Development Regulation 7.9.11(A) requires boat lifts to extend no more than ten feet into the waterway. As this craft is over 8,000 pounds, a four post boat lift is necessary to raise it. This four post lift eliminates the need for the dolphin piles which are presently 25 feet into the waterway. The lift being proposed will extend only 17 feet from the seawall, and will leave over 50 feet of clear navigating waterway. Recommend approval of this waiver request to section 7.9.11(A) based on it meeting all the criteria of Section 2.4.7(B)(5) and the reduction of the restriction of the waterway. . I . , . Agenda I tem No. I 3~ . . : "AGENDA REQOES~ Date: March 14, 1994 Request to be placed on:' x Regular Agenda Special "<Jenda Workshop Aqenda When: March 22, 1994 Description of agenda item (who. what, where, how much) I Reauest variance to S~~rinn 7 q 11(A) gnuoTn;~8 ho~t lifr ~r 965 Bolender Drive for Mr. Lloyd Fay. Four -post boat ] i ft n~~~!':~::lry hPP::lll!':P hn::lt ; c: nUOT 8.000 p01mn!': . ORDINANCEI RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommenda t ion: Staff is recommending City Commission approvp this waiver request to Section 7.9.11(A) based on it meeting all the criteria of S~~tinn \? ~ 7(R)(~) ~nn eliminating dolphin piles which are 25'-0" intp waterway at preR~nr Lift will only extend 12'-0" into waterway. ,0f:' ..... , - Department Head Signature: Determination of Consistency ~ith Comprehensive Plana City Attorney Review/ Recommendation (if applicable): , A L Budget Director Review (required on all iteas involving expenditure of funds): Fundlnq available: YESI NO Fundinq alternatives: L (if applicable) Account No. & Description: Account Balance: - City Manager Review: Approved for agenda: ~/ NO wI Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved MEMORANDUM TO: David Harden, City Manager FROM: Lula Butler, Director of Community Improvemen~ SUBJECT: Request for Waiver of Section 7.9.11(A) of Dock Code for Boat Lifts for Mr. L10yd Fay, 965 Bo1ender Drive DATE: March 14, 1994 ITEM BEFORE THE COMMISSION: - - City Commission consideration of waiver to the City Land Development Regulations 7.9.11 (A) governing the boat lift at 965 Bolender Drive. BACKGROUND: Section 7.9.11 (A) requires boat lifts not to extend more than 10 feet into the waterway. This lift will require a total of 17'-0" from the seawall (12'-0" for the lift and 5'-0" for the dock). As this craft is over 8,000 pounds a four post boat lift is necessary to safely raise it. This will eliminate the need for the dolphin piles and leave over 50 feet of clear navagating waterway. In addition, the boat lift will decrease the effect of wake action directly off the intercoastal waterway creating safer boarding for passengers. Pursuant with the provision of Section 2.4.7 (B) (5) the literal interpretation of the regulations would deprive the applicant of rights commonly enjoyed by other properties subject to the same zoning therefore, the City Commission waiver is the only avenue for this applicant. The findings of fact are in compliance with the following criteria: (a) This waiver will not adversely affect the neighboring area. It would actually give a clearer navigating canal due to removal of the dolphin piles; (b) It shall not significantly diminish the provision of public facilities. It will clear a wider area for navigating; (c) It shall not create an unsafe situation or cause any problems in the canal or adversely change navigational conditions; or, (d) The boat lift does not grant the applicant special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. . RECOMMENDATION: Staff is recommending City Commission approve this waiver request to Section 7.9.11 (A) based on it meeting all the criteria of Section 2.4.7(B)(5) and the reduction of the restriction to the waterway. JS#6 File:Fay.CC . Lloyd Fay 965 Bolender Drive Delray Beach, FL 33483 March 2, 1994 Mr. Jerry Sanzone Chief Building Inspector City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 RE: Boatlift Installation Dear Mr. Sanzone, The purpose of this letter is to request a waiver for a boatlift (cradle style) at my house located at 965 Bolender Drive, Delray Beach, Florida. I am specifically requesting a waiver of the Delray Beach Development Code 7-911, Article (A) . It 1S my view that this lifting system is absolutely necessary for the protection of my boat and the safety of the boarding passengers because of wake action directly off the Intracoastal Waterway. Attached is a copy of my Site Plan indicating the location, together with photos, etc. I would appreciate it if you would present this to the board at the next scheduled meeting. If you should have any questions, please do not hesitate to call me at (407) 272-0230. Thank you for your attention to this matter. ~r;::O"2 . ~ay r LF:mjw ENC. . )ldT 70 SCfJLc. LEGAL DESC ~ l-J agel F~ THE WEST 1 965 73olt/1dEP f)'lVt.. ACCORD I NG [)cJ i3eacl1 FL OFF I CE OF 1 / /1 '.'"" FOR PALM E Propd- oa:l-hff- !.-ocaf;C/'L- BOOK 24. P O~/2'--7; . HOOO PILING . > (965 BOLEN FO. ~AIL ON LINE ) ,2/ SOUTH GRANDE C. 0.47 N. 0." .oO'.'O.,.,~-,...., 0 .,..0" 'Q,,-,.'0 FD. X-Cl "~'.""",,,,, "N.! 90' 00' 0' E' fOO':'on''- ......'-........... ..... ,.'. 0 61' N( .'-"- '. ",.,..... ,,--.;..... ...." '-...... .... ,....... --. . ' . BEAR 1 N6 BAS I S AS . . , " , . ' . . . , PER RECORDED PLAT IRREGULAR CONC. SEA WALL l' II ~ ,.;' ,I \- : SR I CK :: . !; ~I ~ PATIO " 1/ 0.2' ,,!; -=- :,,: POOL : ;' 4. 6' ~ JI (I tl ./ - .... WOOD ':> - l l FENCE 21. 6' 2.5 28. l' I' r . C , c l) 1/ ( LOr 91 x ~' ~ ONE - .... ~ ~ , ~ 6. 0' ~. 5 TORY )'~' g ~ ~ 7 C. B. S. ~ II --....... : ,.,' .... ~ ENCL - \y. r.....: / GRAVEL" '.( ~ 19- O. 7' ~ \. ~ If BRICK )' DR I VE " . " 'I LOr 93 - --> CBS WALL R=50. 00' ------ A= 45' 00' 00' I. P. A"39. 27' , o o c::i ~ ELEVATIONS ARE PER NATIONAL GEODETIC VERTICAL DATUM OF 1929 AND ARE FOR FLOOD INSUR PURPOSES ONLY. Finished Floor Elevation = 6 Garage Elevation'" 7-<]' ~ - Base Flood ~Ievation = 7 BOLENDER DR I VE THE PARCEL DESCRIBED HEREON ( 50' TOTAL R/W - PLA HED) FLOOD PLAIN AS PER THE NATIO PROGRAM. FLOOD INS. MAP 1/ I, I MEMORANDUM ._.~---_.._-- TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER 8'r1 SUBJECT: AGENDA ITEM # gD - MEETING OF APRIL 12, 1994 REIMBURSEMENT FOR R9_~Q IMPRQV~l'1E:N'J'S/J'/ALLl\g_E: DODGE DATE: APRIL 8, 1994 This is before the Commission to approve a reimbursement to William Wallace for expenditures associated with the improvement of S.W. 10th Avenue at Linton Boulevard. In January, 1993, the Site Plan Review and Appearance Board approved a site plan that called for expansion of the Wallace Dodge dealership and for access to be taken off of S.W. 10t.h 1\venue, north of its intersection with Linton Boulevard. The proposed location for the access necessitated the construction of a three lane section (approximately 500 feet) . Wallace's obligation was limited to that three lane section, the immediate plan for the extension of S.W. 10th Avenue called for four lanes at that location. Wallace Dodge agreed to install the four lane section in conjunction with the dealership expansion. It was understood that Wallace Dodge would be reimbursed for the cost of the additional lane. The four lane section has been installed at a r;ost of $91,000. As Wallace Dodge's expansion called for only three lanes at a cost of $56,000, they are entitled to r! reimbursement in the Amount of $35,000. Recommend approval of a reimbursement in the amount of $35,000 be made to Wallace Dodge for improvements made to S.W. 10th Avenue that were over and above the improvements requi n~d in their expansion plans. . . tJ~ r1r1 C I T Y COM MIS S ION DOC U MEN TAT ION TO: DAVID T. HARDEN, CITY MANAGER FROM: DIANE DOMINGUEZ, ~L~ ~~~~ DIRECTOR OF PLANNING & ZONING , SUBJECT: MEETING OF APRIL 12, 1994 **CONSENT AGENDA** REIMBURSEMENT FOR ROAD IMPROVEMENTS--WALLACE DODGE ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of a reimbursement to William Wallace for expenditures associated with the improvement of S. W. 10th Avenue at Linton Boulevard. The improvements are associated with the Wallace Dodge property, located on the north side of Linton Boulevard, between Wallace Drive and S.W. 10th Avenue. B A C K G R 0 U N D: In January, 1993, SPRAB approved a site plan that called for an expansion of the Wallace Dodge dealership. The plan included the construction of a new sales building and associated parking. It also called for access to be taken off of S.W. 10th Avenue, north of its intersection with Linton Boulevard. The traffic impacts associated with the development, as well as the proposed location for the access, necessitated the construction of a 3-lane section to S.W. 10th Avenue from Linton Boulevard to the north end of Tract "D" of the Wallace plat (approximately 500 feet). While Wallace's obligation was limited to that three lane section, the immediate plan for the extension of S.W. 10th Avenue called for 4 lanes to be installed in the vicinity of the Wallace Dodge property (one southbound through/right turn lane; one southbound left turn lane, and two northbound lanes). The ultimate section calls for an additional fifth lane (southbound right turn) . The project phases are described in more detail in the attached staff report f rom the Planning and Zoning Board Worksession of February 8, 1993. , , City Commission Documentation Reimbursement for Road Improvements - Wallace Dodge Page 2 As described in that report, Wallace Dodge agreed to install the 4-lane section in conjunction with the dealership expansion. By doing so, disruption and reconstruction that would have been necessary in order to add the fourth lane with the upcoming extension of 10th Avenue was avoided. It was understood that Wallace Dodge would be reimbursed for the cost of the additional lane from the S.W. 10th Avenue improvement account. The four lane section has been installed, at a cost of $91,000. As the impacts created by Wallace Dodge's expansion called for only 3 lanes at a cost of $56,000, Wallace Dodge is entitled to a reimbursement in the amount of $35,000. This financial arrangement was presented in the backup documentation that went to both the Planning and Zoning Board and the City Commission with the plat action. However, a formal agreement detailing the City's and Wallace Dodge's obligations was not executed. In the absence of such an agreement, formal approval of the reimbursement by the City Commission is appropriate. R E COM MEN D E D ACT ION: By motion, approve a reimbursement of $35,000 to Wallace Dodge for improvements made to S. W. 10th Avenue that were over and above the improvements required in association with the expansion of the dealership. Attachment: * P&Z Staff Report & Documentation of February 8, 1993 DD/CCDODGE.DOC , . PLANNING AND ZONING BOARD MEMORANDUM MEETING ora FEBRUARY 8, 1993 (REGULAR WORlSESSION) AGENDA ITEMs II.C. DISCUSSION WITH APPLICANT (AGENT) RE s WALLACE DODGE EXPANSION, PLAT, ABANDONMENTS, PROGRAM FOR PARTICIPATION IN CONSTRUCTION or S.W. 10TH AVENUE ! At its meeting of February 22, 1993, the Planning and Zoning Board will consider two land use items related to the site plan for the proposed Wallace Dodge development. Those items include the abandonment of the unimproved right-of-way for Queens Avenue, and a plat which will define the boundaries of the Wallace Dodge development. The plat will also involve the dedication of additional rights-of-way along Linton Boulevard and Wallace Drive, and right-of-way for the construction of S.W. 10th Avenue. A related item in the consideration of the plat and abandonment is the potential for a future closure of Wallace Drive between Linton Boulevard and Georgia Street. The purpose at this memo is to describe the configuration and timing of the planned roadway improvements, and to establish an understanding as to each party's obligation regarding the installation of those improvements. The agent for these items will be available at the worksession meeting to discuss the issues and answer any questions the Board may have. No action is required at this time, the contents of this memorandum and any direction provided by the Board will be included in the staff reports for the February 22nd meeting. ~ Construction of S.W. 10th Avenue Improvements: Along with the city Commission approval the SAD modification and site plan for Builders Square, there was a program to mitigate traffic congestion. The program involves extending S. W . 10th Avenue from Linton Boulevard to S.W. 10th Street. The overall responsibility for this extension rests with the City with participation by others. Components of the program include: * design, coordination, and right-of-way acquisition by the City; * donation of right-of-way by Wallace, Haggerty, and Boose; * the developer of Builders Square is required to provide $490,000 in funding for improvements. Those funds are to be made available to the City at the time that improvements are to be installed, or upon the issuance of a Certificate of Occupancy for Builders Square, whichever occurs first. II.C. , , . Planning and Zoning Board Worksession Wallace Dodge Expansion Page 2 * use of a portion of the funds allocated for S.W. 10th Street to assist in the intersection of S.W. 10th Avenue and S.W. 10th Street; and, * dedication of right-of-way and construction of improvements at the north end of the S.W. 10th Avenue/Linton Boulevard intersection by Wallace. , The proposed expansion of the Wallace dealerships includes access off of S.W. 10th Avenue. The street improvements necessitated by the traffic generated by the Wallace expansion requires the installation of a three lane section for S.W. 10th Avenue at Linton Boulevard along with a sidewalk on the west side of S.W. 10th Avenue and appropriate accommodation of drainage. While the Wallace Dodge development requires three lanes, the ultimate design section for this portion of S . W . lOth Avenue calls for the construction of five lanes (described under "e" below). In order to meet the requirements for the current development, to have a design which matches with the south side of the intersection, and to provide for the ultimate road improvements, it is appropriate to construct an interim roadway section concurrent with the Wallace expansion. The interim improvement (described under "B" below) is at a level between the ultimate and that required for the expansion. In terms of financing the roadway construction, it is reasonable that Wallace Dodge be responsible only for the costs of those improvements which are necessitated by the project's impacts. A description of each level of improvement, along with a cost estimate - as provided by the applicant '_s engineer follows. * Level "A" (Wallace Dodqe impact improvements). Conta.l,ns three lanes: southbound combination of right/throu~; northbound through, and a southbound left turn. Sidewalk improvem~nts on the west side and a swale area on e~st side of S.W. 10th Avenue. Cost: $56,000 <- NOTE: The estimated cost does not include any underground drainage structures. The costs of those structures must be added to this estimate, or verification ~rovided that the associated drainage can be accommodated by other means. * Level "B" (interim cross section) . Contains the above improvements ("A") and a second northbound lane, along with drainage structures which tie into Linton Boulevard. Cost: $91,900.00 , . . . Planning and Zoning Board Worksession Wallace Dodge Expansion Page 3 NOTE: This cost estimate includes the costs of installing a southbound right turn lane. It is not necessary to install that lane with the interim improvements. The lane can be provided when traffic volumes warrant its construction. The costs associated with its installation is be deducted from the estimate for this level. . Level "C"- (ultimate cross section) . Contains the above improvements ("B"), a southbound right turn lane, and sidewalks on both sides of S.W. 10th Avenue. Cost: $98,900.00 It is proposed that the financial responsibility for Wallace be limited to the costs of those improvements described in Level "A" (as modified to include the installation of drainage structures, if appropriate) . The balance of the improvement costs will be paid by the developer of Builders Square. The ultimate cross section (Level "C") will be provided with further development in the area (e.g. The Groves, next phase of the Wallace expansion, or others.). on81 Originally, four (4) eas west roads were platted to conne Wallace Drive (formerly rmantown Road) to the S.W. 10th Aven e right-of-way. Thos roads included S. W. 11th Street, Georg Street, Queens venue, and Princess Boulevard. Georgia St et was abando d in 1985 and Princess Boulevard was abandoned i 1986. Ri t-of-way still exists for S.W. 11th Street (25 ft. ) d Que s Avenue (50 ft. ) , both of ~'t which are unimproved. Future Conditionsl An abando ent f Queens Avenue was approved in October 1989, but that ction wa not consummated. A new petition for the abandonm t of Queens yenue will be before the Planning and Zoning Boa at its meetin of February 22, 1993, along with a plat for he Wallace expansio Assuming that the request is approved only one of the origi I four connecting roads will remain. Impacts and 1m ications: With the increased fie volumes associated w Builders Square, the intersection f Wallace Drive and L ton Boulevard is expected to fail. The ab donrnent of Queens Avenue necessitates that an analysis of the uture traffic patterns in and around the Wallace propertie be consid red. , , . Planning and Zoning Board Worksession Wallace Dodge Expansion Page 4 During consideration of Builders Square, a proposal was aired calling for the abandonment of Wallace Drive between Linton Boulevard and Georgia Street, the construction of S.w. 10th Avenue as a replacement for through traffic which would have accessed Linton Boulevard at Wallace Drive, and a connection (Georgia Street extension) between Wallace Drive and S.W. 10th Avenue. While the approval of Builders Square did not call for the closure of Wallace Drive, the. possibility remains that it will be abandoned in the future. Given the planned improvements to S.W. 10th Avenue and the potential for abandonment of Wallace Drive, the need for a connecting road between S.W. 10th Avenue and the remaining section of Wallace Drive is evident. The most appropriate location for such a connector would be at the northern end of the Wallace property, where the Georgia Street right-of-way previously existed. In considering whether or not the right-of-way for a connector should be provided with the abandonment of Queens. It was concluded that as the need for the replacement connector would be triggered by the abandonment of Wallace Drive and not Queens Avenue, the right-of-way should be dedicated concurrent with that future abandonment. It is appropriate at this time, however, to reserve s~tficient right-of-way for a connecting road. This will ensure that the corridor remains available if it is needed in the future. T:PZWALL.DOC . , ;;- , , - Ill\, trJ1 [I" DF DELIA' BEA[H DELRAY BEACH f l 0 . , 0 " 100 N,W. 1st AVENUE . DELRAY BEACH, FLORIDA 33444 . 407/243- 7000 ..... AJl.America e, '1111. MEMORANDUM 1993 TO: David T. Harden, City Manager FROM: Robert A. Barcinski, Assistant City Manager SUBJECT: AGENDA ITEM * ~c: COMMISSION MEETING APRIL 12, 1994 WOMEN'S CLUB r...Uf-AeD I}S 9. 11-/1 ) DATE: AprilS, 1994 ACTION City Commission is requested to consider a request from the Women's Club to amend their lease agreement with the City and to file a revised Quit Claim Deed to allow the Club to sub-lease the property for a commercial purpose. BACKGROUND On Monday, March 21, 1994, the Women's Club entered into a lease with Bill Hood and Sons Auctioneers and Appraisers for the property leased from the City at 505 S.E. 5th Avenue. The lease between the City and the Women's Club does not allow the sub-lease for a commercial purpose. In addition, the Quit Claim Deed the City received September 27, 1948 for this property expressly prohibits the use of this property, or any part thereof, for business or commercial purposes. We have received a request from Ms. Zula Cook, President of the Women's Club, to amend our lease and revise the Deed to allow the commercial use. The reason for the request is to allow the Club to raise funds to continue their charities and community service, and to provide building maintenance. The Assistant City Attorney advised that if Commission wishes to honor this request, the Deed revision could take considerable time. We will have to try to locate the successors or assigners to the Currie Investment Corporation and obtain their agreement to this change. RECOMMENDATION Consider the request from the Women's Club to amend their lease with the City and revise the Deed provisions. RAB:kwg @ Pnnted on Recycled Paper THE EFFORT ALWAYS MATTERS , !JPI<.IL. 2.J 199t.;-- T~ : \~R . Ra~E'RT R^R'"'I"I~K' A~c'T. C I T v M" '" ~ r, F=' R 10'1 N. W. 1ST P'VE'. DE'LR^V BE'f.CH, FL. ~~)dlh F Ra~4: INau^",ts CL liB aF DE'LR^V SF"-:H AS APR 041994 tj ~C; S. E . r.;TH ,A,VE'. P.O.B0X ?'7'7 D E'L R fl, V QE'ACH, FL. 7j ~ 'dl '7 TH'S I S ^ R~Q"E'ST FR0M THF WaM1.N'~ CLUB A~KING FOR C H A '" r, f ~ I '\.1 .:) " R GROUNf"\ Lf"SF ^ I\fI' '''' THE' C"RRV "E'F.. As Y0" K"I ,., W , OUR CL"~ "N n "lL aTHFRS HAVE' "'MIN1SHE'f1 I 1\1 SIZE'. Al S,) WE' "RE' MUCH aLDI:R, "N n H A fiE' HAl A STRUG~LE' ~,.4" I \f T ^ I '" I '" r, a', R Bf./ILOI"J'i " 1\1 ,., H"VI'Jr, ~41')N E'V TO C0NTINUF WITH OUR CHARITIE'S A"'''' ~f)MuU'" I TV SFRVI~E'S. lNH E'''J WE' R 1:1" T THE' ~ lJ I l I) I '" r, FaR "ARTIE'c , T I S lFFT IN CHAOS OIJTSI"E' A"'D .INS'''F. THE'RfF'JRE', WE' WOME'N HAVE' TO GO OOWN THE'RE' TO !!II~K U" TRASH OUTSltE' IN THE' "ARK''''G ARE'Ac A"''' CLE'A'" ''''SllE'. N,:)", WE' HAVE' " RFI'....'TFR, WHO KE'~,.S IT - - CLE'''''' wIT H AlMf)ST NO TROUBLE' Ta !I~. WE' HAD "'a MORE' CO~,}"L ^ I "J TS FROM THE' 8ART,a'" ^"~ aUT 11.11') I S E' "'3 WE' ~If) HAVE' WHE'N RE'NTING TO "ARTIE'S. HE' HAS TOLD US HE' HAS !ilL AN S TO S"E'''''O TIME', E'NE'RGV, A "J" LOT OF MONE'Y ON "LANTS, SHRI.lBE'RV, E'TC. AlONr, THE' FRONT OF BU'l.,NS ORDE'R \." OUR IN TO MAKE' IT ~40 R E' ATTRACTIVE'. E' ARE' ALlOWE'. TO U~E' THE' 8"'l"'\lr, FOR OUR ~AE'fT INGS AN. OTHE'R ACTIVITIE'S ALMOST AS I ~ I T WE'RF '" aT R E' 1" T E''' . THfRFFf)RE', WE' ARE' ASK I '" r, V"U T0 A ~A E'N D OUR LE'ASE' AGRE'E'HE'NT TO ALLOW ,_'S Ta RF"'T TO W'lll~M HOOD ANI) SaNS. ALSO, AT THE' SAME' TIM~ TO MAKE' A CHANGE' I " THE' .E'E" R E' S T R leT IJ '" S . RFS"FCT FULL V, ~~ -G~~ WOUANS CLUB DE'lRAV ZUlA S. CaOK, PRf:e. JF ., [ITY DF DELIAY HEREM f~'TY ATTORNEY'S OFFICE <,\ :_.\" L . ; :.! ~,.\Y' dE,:'.CH. FLORIDA 3.;~44 - - Wr~t_r'. D~r_ct L~n_ '., ',' i L ...,... ....... (407) 243-7090 MEMORANDUM Date: April 1, 1994 To: Robert Barcinski, Assistant City Manager From: David N. Tolces, Assistant City Attorne~ Subject: Commercial Use of Woman's Club Property I reviewed the quit-claim deed from Currie Investment Company to the City of Delray Beach which forms the basis for the City's use of the property on which the Delray Beach Woman's Club sits. The Currie Investment Co. ("Currie") originally conveyed the property to the City in 1926 for use as a baseball field and municipal park. In 1948 Currie executed a new quit-claim deed for the property in order to permit the Woman's Club of Delray Beach to lease the property from the City for erecting their club building and maintaining a park. In addition to conveying the property for the use of the Woman's Club, the deed also contains a provision which prohibits any part of the land from being used for "business or commercial purposes. " The City entered into a lease with the Woman's Club on August 24, 1948. The lease is for a 99-year time period, during which the Woman's Club will pay the City $1. 00 per year. The City maintains the property, and a portion of the property is a public park known as "Currie Memorial Park." The lease contains the following provision regarding commercial uses on the property: The lessee [Woman's Club] further covenants that it will not use said premises or any part thereof for business or commercial purposes. Thus, it would appear that the Woman's Club would have to amend the lease agreement with the City if it desired to use the property for commercial purposes. On March 21, 1994, the Woman's Club of Delray Beach entered into a commercial lease agreement with Bill Hood & Sons April 1, 1994 Page 2 Auctioneers and Appraisers ("Hood & Sons" ) . Hood & Sons will use the Woman's Club property to conduct auctions and "other related matters." It would appear that Hood & Sons' proposed use is a commercial use. Therefore, absent a revision to the lease agreement, the use of the Woman's Club building as an auction house would appear to violate the terms of the existing lease between the City and the Woman's Club. The City Commission may, if it so chooses, revise the lease agreement to remove the provision which prohibits commercial uses on the property. One major problem, however, is the condition in the 1948 quit-claim deed which conveyed the property to the City as long as the property was not used for "commercial or business purposes. " Florida common law would allow for Currie's successors to file a quiet title action to reclaim the property due to the City's failure to comply with a condition of the quit-claim deed. Whether this would happen is uncertain at this time. Based on my review of the facts and the law, I would suggest that the City write a letter to the Woman's Club informing them that their lease with Hood & Sons violates the terms of the City's lease with the Woman's Club, and that the use must cease. The City need not risk the chance of losing the property because of the Woman's Club's mistake. Please call if you have any questions. DNT: sh women-l.dnt cc: David Harden, City Manager Susan Ruby, City Attorney Joseph Weldon, Director of Parks and Recreation Lula Butler, Director of Community Improvement " QUI!-CLAIK DEBD I I , i ~ j _TRI~ UDEmUlm. _de this L- 4&7 ot JanUArT, ..1). 19261. I BET'RED Currie Inveatment & 'rUle Guaran'ty COlllpaD7. a corporat1oG ; \ .xisting un4er the la.. of the stat. of ~lor1daa part7 ot the tlr~ I part, aGd 'the Ci'ty of Delray, a I!1lUIl01pal .oorporatioD ot the i 'I Count7 of Palm B.aoh, stat. of JIlor14a, part7 of the .eCOGeI part. i . \' \ '.- ; j :1 'IDDE.lS._ the part;, of th~ f~~~~ ~.t ~~ a..e:10lld aD4 I 'l :~ I _ 'I Improved what 18 DOWD a. oao.o~a Pu'k~_ _.a S~i'1.1.~OD of the C1t71 ; 'I of Delrq. aDa . _.,., -_-... _ ~ .: - ~ I 1IBEDAB. there 1. 100at84 La .aU 0...01& Park, a traot I r- . ' I [ ! I or paroel of real ..tate kDcnra 'blS a'~.lpat" 011 the Jlat of .a14 I ~ . . .. , ... . ..... . '1 Park a. "Ba..baU ~1e14", tlie .... 171aa betwell-B07lltoll stre.t i ~ : ;..,' aDd Ila4eStreet. ad. " ' , . ' Ii J l I. i ; : ~&~; the part7 ot the flr.~ part haa agre.. to traG.- I i I , 1 fer aU ot 1 ta rlpt. t1 u. an.- lllter.at ,Ill an'- to ..U "Iaaeban 'I I ~1e14. to th. prtt of tM ...!~~.... to _. u.t aolaft...it17 2 .~ il a--! _a_ba..lJ811-na1 .... iiii1et.~ ~k'. aa&-- - ' ~...': "f--- [. ~g. the pal't7 ~~ ~..'.:~..o" I~~ Me qI'.... to a.- ~ ; :..! II Olpt. .... - '-.~'.._.' _ R.iJI. . u. 4.. to ).;; all':~ ~'~am-.ft~~~_.: .al4 I 1 it ~- . ~ . -. . . . t ; . ~ 11...-':'''' ., ,_..~,:t.:~U110 :plqpo'" ... !'Uk. aa4 t ~ , , i .......,.,"~ Jar'\7 ot tu ...od 1I&n lIaa f1Ir"Il.1' ap." ~ .' I . to ..... ..14 n.ll -.C1Inl. D..ia1 ~. &Il' to .lwap u. "1l. I - . ;; I ..... f01' _'u .llell.nt .f tll. lull.... tu- ...."U... J1'OIel'_. : ~.l . ~.. . . _ __ ,'_\4.. ..... j . ;; ~ '. , o"'I'..~ "_.:'. . . ~. ~'i .......- .,....-..0:;. .;......_.~. ~I '.. (~..JU;,!~t. ~~~_ ..~1.~~~~1\1l. f1rat :Pan. fol' I. { .: '. .. -- ..-- -.:" ...... _.:..i....._ .jJ.... .::~~J ..f'.........: '!!t~ -~ "\ .-_!- ~ -f ~ J r..~ .~".l~'..~iI.,.tl.it o1:tll....... ~~.~~)(~'~ ~~. l~ au - . j, ~J'. - -bd;)jai.i';iTtll. lien" of th.-....d,~i.;.__~...I.J"':~r..~ 1. tl . . .. -~-~..~.--.o..I._ ...{,;., .:f.' }~ '.l ~....'4-E 'C"r"~ ~.~ - _' I .",r-r.""".-.f;:.- :ia~_:~~~._~-"al"~,"ft'l'U!6;~;,~~o~~~~.d. ~ " '1'. . '.~ ,".....~... - .~~ i.~.,D!.. ....:..:~._..';.;tO"-....: 'l't{.- .~,{':_.. .......:;;;...~..1-.. ',,, . L!l!' -... .. ~, ,- - - "-.. " . ~-.. ......... .~..-...~. ,'. r1 . : :;;;.l': <.;;:-..-:' .:~ ~ .\U..:P.ri'J1IiWtt .-.. I'.-taeq;. 1'.1.' 1T1-......."..l..,..~.:'U;e.:j , if ,.'...,','--' . ,.' :;Jaj;....... . ..... ~:l;...,..l~. ;~~ :tzoi:.,V ~.!~!.'''a~ t~'.tr.. .:~<<. ~:~...." :~f...' ~.' a . '.'-..: '~'~~'!;~~~!!~ip~'~1.~,~~~4Ir~.a.u:l~- -, I~ . r ~:": .. l'iP". 'I~:.~,.~el':~;:lf/:.::.f:~~-:~-:;"~~ ,~l~ ~arq ot . t : I !; ~_t~-,':nr.~ ~~.~....:\u~~- ~"".l'''''__~>>i..O&::.~ '~ ~f '- ,.. - ...-..... .. .....: "". .~ -......~-~ - .~. 1 .~ I or :PUOI1. If 1uW".'~.1 .... ~ ~:.,; ~.~1atb CQ-'7 ot '~-l . :. . ,.:.r. '. ;f""-"'e~ ';&":'.~'-'".~ .' - , C' . -~ - :..... ....~....... ~l.-~--- '~.. :: ._~~,=-_~cc_,:::-.;,~;;.~::..~.~::.-::.;~~/;~~.t~~~'~-"": .' ~.'T!(~-; '-~ r-l'-:Lf' - _'l.ti{: ....;.i.:..,<,..i'?t.~~~;."'f'~,~ . '.' .".. ,,' ~ '.., ~:~~:t:~-;-_ - .:? ' "';~'~~:~~ ._-~_._-- - .. ~~. .... -~~~:-!5'~a.' ~~ a;,.. ---,...--- . 0" f .-' . "........:. ,,". i'P~~~..",~..,-.. -~-:''' _::$:~""' ." .-....<1' ......_ r , ." .. -.(" .", ...,:"-- - ,~. ~~: . . ... Palm B.aci, Stat. of Ilorida, to-wit: That 0.rta1D tract of laD' 'hown OD thl plat of OIOIOla Park, ricoI'd,. 1D Plat Book P.C' . Pala Blaoh Count, publlo ricoI'd., a. ftBi..D.ll 'liIJW. the lame b.ine boun'ed OD thl Ia., b7 Dade Strllt, OD \hI W.., b7 BOJIl- tOD Strut, OD thl .orth b7 . 20 ft. .Ue,. .at OD the South b,. . 20 ft. all'7. .D4 .. .forl..14. ..1. traot of laDd 1. d..1g.aat,. oa the plat of OIo.ola !ark a. ~'I- b.ll '111'.. i !O UTI jJl) '0 !ar.D ..14 tl'.ot of real ..tah a. . publ10 -f I I park .D' to b. a.. aolul..1T .. .ula. toptll.r w1 'Il all aD4 ~ , I u I '1~, the .,~t'DaDo" tJaer...to ,.loaclar. 01' 1a .Q7W1.. . r' , I .pp.r'.la1111. aA4 all the ..tat.. rlSbt. tltl. ... lat.r..t wbat- I .0...1' of the put,. of t~ll'.t pU'''. . ! .1 : II 11!1111..MK.-ar"\be~Part7 of the tlr.' put baa T I i 0.118" ,". laaV~Dt. te b. a.ollt.4 _ it. !'r..l"At ... U. : - i oftlo1a1 .eal .ft~..... !I I . , ;1 Gaam x...-l..... . IDa I17jJUJft .! e..ur I ~-_. :1 . ~ . --c !' ~_s '. - .-4e. -~.. ~~i-: t -. '. :- - I ',. .. .. ... i - , I ! . , i , 1 I .. i I I atMl. ,. an-TIII4I ) J I coau ,. p~ D&C2 ~ I .....x a8DJ. ftat .. ~ g ..7 of J..al'7. ..n~ 1.... ,~_. _ ~I'''~ .,,.... . .......... -... : f.: ... -IIl./" ~ .' ...i'.., ... s.a-::-:.(- I i 1'....."1.. of tll. Otanla I....... . "tla ....._ ao~. ' ~. · ..l'JOfttl.. ...... tM 1... 1'6 tlaa __.. ..,. JlOJ"t..~ M _ ao... I . ~...... to ,. .. "1"'. .... .1.... tu f,.Z_'r... ...... .ula : , Gf~_ "'u.1~ .eaGWl..... . ~ill r"f t. b. i -. - 'llab" ...t ... ..... .. eula tUla......,.. .... .... Japo... " .1 ~ . I t"ala _IIU..'; .... Ua' tMr.~... ........ ......".la1 .'.11 , f .. '"' .al. ""3"::tl.ll. ... - _ IIU Saa" . k ... aot.... I ~ : .....f _1 "l'Jant.l..~::. .'.,. . ._' , . .. I . m... lip .1.......... .fft.1a1 M81 . ~ # ~e 1. 'll. Gout7 0 f ftla ..... aM .ta~. If' JI1_Ua. 4fi/~.~ Tee , 7 : 1..' &101'...1... ; , ~~,~~_.__.J . ';C', (3'.1) i _ ..~ "b11o L-- - .- ~ - "~~.J... l 'I. ,"I .f .. , . -'. , , - :J~Eo) 856 PAri 163 QUI'I'-C LA n~ DEED " -;r- WHEREAS. on January 8. 1926, the Currie Investment Company, a corporation existing under the laws or the State otFlorida, conveyed certain property to the CitY' ot Delray, a municipal corporation located in Palm Beach County, Florida, for the purpose of maintaining thereon a baseball field, public play- grounds and park to be known as Currie Memorial Park, and , , .' '.v.ffEREAS, the City ot Delray Beach, a successor municipality . / , l to the City ot Delray, has requested ,the Currie Investment 4: Title Guaranty Company, formerly the Currie Investment Company, ~ to release that portion of the restrictions tmposed on said property requiring the maintenance of the baseball field thereon and to al~ow in lieu thereof the City of 081ray Beach to lease all' or a portion of said property to the Woman's Club of O8lray #I Beach for the purpose of maintaining thereon a club building and park, WImESSE'm that, the Currie Investment 4: Title Guaranty Company, for and tt_al..ratlon of the mutual covenants herein expressed, does herefF.naIse, release and quIt-cla1a unto the City of " Delray Beach and its successors forever all the right, title, interest, claim and demand which the said Currie Investment 4: TItle Guaranty Company baa in and to the following described property in the city of Delray Beach, ll'lorida, to-w1t: '!hat certain tract of land shown on the plat of Osceola Park as recorded in the public records of Palm Beach County, Florida, and marked WSase Ball Field-; the same bemg bounded on the East by ,- Dade street (Pederal HinWay), on the West by Boynton street Dixie Highway), on the North by a 20 foot alle,. and on the Sou~ by a 20 ~oot alley. TO HAVE AND TO HOLD said tract of real estate as a Public Park with the privilege ot leasmg any or allot said property to the Woman's Club of Delray Beach, Florida, so that a Woman's Club BuIlding may be erected thereon, with the express provision . . . . ... .. nw) 856 PAlil64 that all of said tract of land shall continue to be known as Currie Memorial Park and no part thereof used for business or ,,-- -- ~ercial purposes., --. ---;:.-- - IN WITNESS ~VHEREOF the party of the first part has caused this instrument to be sIgned by its President and Its Corporate Seal to be ~ff1xed hereto on this the 26th day of July. 1948. ....' ., ..~~1iil~ _ t ;~ ..,.' , ....,.~~ \\.' ':.'''' './"., CURRm INVES'IVENT &: TITLE GUARANTY CCMPANY ~".:'.: ';::,:,'A~r;;';i;~::.:\ By: ~~ ."3, ;; . i. E :." '_A i..;~~.J1~~."t~~ -< ~~;l,:,~~~~,i PresIdent. S'l'AD'. ~Dl ) ) COUNTY OF PAIM BEACH ) I. an of'ficer authorised to take acknowledgements of deeds ac- cording to the laws of' the State of' FlorIda. duly qual1tled and ac t ing. HEREBY CERTIFY. tbat F. A. CurrIe, as President of' the CUBa3 DrVES'fIIElIT &: TITLE GUARANTY COIIPAlIY. to m. p.ro~. th1lI day ..""..lo....d bot... .. that h. eucutedtengeing quit-claJm deed as such of'flcer of' said corporatIon. and that he arf'1xed thereto the of'flc1&l s.al of' saId corporation as an act and deed of' said corporation for the purpos.. therein expressed. III WITHESS WHEREOP', I hereunto set my hand and offIcial seal at ...t PalJll Beach. said County and State, th18 26th day of' July, A. D. 19~8. \. ~ '~ .A~AA~'A) Botary Public, State of' P'lorlda ..t large. .y cClIIIIliulon exp.1re..;' . 'l~\'JU;/" ". -.,., ~Ubl'~. Sta.. e4 FI... .. LA_ .~ ......... ..Iv ," Tbia inltrumellt _ filed for Record at ~~.~om'"I...Of'I ,..Di,.., May %S. ItSl.:""" .... ".. "':... ~. thiUl7- clay of J ~. by Am...,.. Su..... C.. e4 H. Y.:.'...... "'\ ll" "';:' c,.., : ~ \ .. (....~~, 194L IIDd Recorded I.. ~... -1- =.: ~..~:' ~. :...( lJ V 1 0'" .:: ' Book ..3..S:-'-.-___~ at pace /' oS Reconl . r:~j;(.',X:~~:~;:;' verifie4. J. ALEX ARNETTE. Clerk Circuit Court, Palm Beach C'&.ty, Florida. ByA,,~"1- ~ .~ Deputy Clerk '- -2- " r- ;,..... ~. : ,~ ~.. ~' . . . r' . ~ . , . ' coP Y ... .. ... - - . . . . . . t ~ 'tHIS tEASE )&ade this tte 24th da7 of Augu.st, 1948, b7 and between the CU7 ot Delra1' Beach, a llun1clpal Co~oratlon in Pala Beacb Count7, Florida, herein called the lAssor, and the WOlIlIUl'S Club of Delra1' Beacb, Florida, a non-profit Corporation under the Lan of tte state of nonda, herein called t:be Leesee, Wi tneeseth that for and in conaideraUon of the SQ. at . 1.00 this dl.7 paid b7 the leesee to the lessor, and in flU"t.ber CCIIUI1derat1oa of th. coftDllnt. herein contained !Xl tb. part of the !usee to be bpt and J:8rto~d, the said lessor does hereb7 1... to the .aid le.... the taUOII1nc de.cribed propert7 in tte Cit70t Delra,. a..cb, Pal. Be~cb Coa1t7.. norida, to witl 'l'bat certain tract at lud .bawD on the plat ot Osceola Park .. recorded 1A U. Publlo RecOl'd. ot Pa1a Beaob CoaDt;r.. Florida, and MriaId "Ba.. Ball nelcS- J the ..... be1as boanlled on the an bT Dade street (rederal JI1cba7).. _ ta. ...t b7 BoJDt- Street (D1xle Jl1&bwa7).. and _ tM Hortb b7 a 2D toot alJAt7 and on the South - b7 a 2D toot. alle;r. to ha.... and to hold ..... tor the tea r4 nSMtJ'-D1Dl (99) 1M" boa thi. date. 1 '1h18 laa.. 18 _de b7 tM le.aoJ' tor the parpo. of eoabl1Dc tbe le.... to construct aad _1ata1A tbaN_ a balld1.ac tflZ' tbe parpoee ot tllZ'D1ab1ac a ...t1n& place tor the "c.-n'. ebb at Delra7 Beach aDd tor -uta1,,1"1 the re_1nder of sald propert;r .. and tor a plbllo puit to be Jm~ .. "C1IUlII MlllauAL PAJUt", prCJY1ded.. boweftr.. tbat not.h1nc Mreu OOlltaiDld .ball be coutl'\loed a. requ1rins the les.e to tumbb pb;reical -.1AtellaDlM OD t.be abow de.c:r1bed propert;r, but . that 11; is the 1Atent1olUl ot the partie. hereto tut tbe "bcn'e de.cribed prOpert7, with tba .xcepUOIl ot that .pace occap1ed b;r the buld1"1 atore.nUODIId and the 1JaIDed1atelT .urrounding propert7 .hall at_,.. be o.-a to tbe pubUc .. and tor a prbUc park.. to be 1a10111l a. "CtllIIlI:I KIIaBIAL PAKI". III tba .....nt that tbb Propert7 should ner be rued tor aq otbar parpo.. t.bu tor tM OOG8tnct1oG and -.1ntenanc. ot . WOMD'. Club b'" 1dlnc and other ~.. wb10b an c~ 1Acid_t thlreto, tad tor thI ivpo" of .1Dtl1n.2.aI . ~Uo pll'k, t.bIA t.b1. 1M.. ., be dlclared t.miAated b, ttllae le..or b, 11naa t.ba le.... a.2Mtr _,. DOt1oe at lach intention. III th. .....nt this 1.... i. tendDated the le.... .ba11 bne the r1&bt to resw tbllretro.a &n1 1lIproft_ct. p~ced tbare_ b7 toile le..... ~ J . . -. . , . . ~. ~ . , . \ .; , . . . . -' #~ I ~ . - . . . . . . The lessee covenanta that it wll.l IIIlke no UDl.awtul, 1IIproper or otteD8iTe uae ot the prend.ses, that 1t wUlnot assign this lea_ or sub-let &aT part at said premises, that it will use 8&1d prell1ses aal7 tor the cClDstruct10a and _iateQl.Qce ot a WOlIlIn's Cl,ab Bulld1.nc and other uaea cua~rll.T incident thareto and tor tha I '\.2.~tenance thsreon ot a public park to be mom as -CUlIlII M!IIJUAL PARI-. the lessee turther covenanta that 1t will not UN aaid preaiee. or &aT part thereot tor bus1nell8 or c:ommerc1.a1 purpoeea. IN WI'l'I'fESS WHSREOr, tbe leasor bas cau.d thi. tea.. to be UIICUted br its Karol' and attested br ita CitT Clerk and ~ba C1t7 Seal to be atf1:lald tbereto and the lessee has cauaed this lease to be GIIcllted b7 it. Preau.at and attA.ted; b7 its Secret&17 on the date tirst abow writtea. CIn rI DBWY BBleR. 871 (St.-.tl L. R. BraIulOll 1la7Ol" Arm'!' 1 (Suned) Charles B. Black (S~ lath R. SlI1th (Suned) Kaurieta Nichola C1 tiT c J'tr LlSSal (SIAL) waalS CUJI rI DIUllY BlCB (S!aDad) JobG R. Ad... B11 (Slmed) Wu._ B. Rvat (Suned) Eleanor N. Gr1.aale A'l'I'&'S '!'. . (S1a.edl Florence II:' BI'OWIl Searetal'7 LISSa STAm rI FLaUDA ) COOHTY ~ PAUl !BACH ) Betore _, tile ~r.1pd alltbori'l', pel"1IODA11T ap.-._4 1,. ". DraaaGD, 11&701', all4 ftU~1I. 1\. aaJ.e.II., al.~ 01eI1t, .. _ _11 ____ to. 1M ~ lnd1T1c1ua1e Who executed the abOft and torecolDc 1aa.. OIl DebaU ~ th. Cs.t'7 at D.lJ'Ir ..en. .nd the,. ..lenowl..d be/oN _ that tMJ" ....W tile .... r""'11 ao4 Toluntar1.lT .. and tor the act and de.d at M1d Cit7. "itae.. fIT band and ofticial IMl at Daln7 BMcb, nOl'1da, OIl tbb to... -,u da7 of Sept_bel', 1'48. t~~~d:~".1or1d& at I...~ "',' f,,_... ,. - .... . . . - ." "'.... ..,.. .~ " , Co' , - ....' ""01 ~". '. . . .. ..Ia .... ... ... ... t . . · . . . . f STATE:-OF FLORIDA ) COUNTY OF PAUl BEACH ) I Betore me, the wxSers1gned authorit;y, per.o~ appeared lflleoa B. Hurst, President, and Florence K. Brown, Se=-etalTa to ~ .u lalown to be the l.nd1Tlduals who executed the aboft and torego1aa lea.e OD bebalt ot the lf~' s Club ot Delra;y aeach, and the;y acknowledged betore _ that the;y executed tile s... treelT and voluntarU;y as and tor the act and deed. ot .a14 Clab. WUnesa rq hand and official eeal at Delra;y Beach, FloricSa, CD this the 21st daY' ot August, 1948. (S1.cned) ReleD L. Delrari. lIotaJ7 Publio, State 01 Florida at I.ar&e. 117 CoIai.ioD expires (SEAL) JaDDar:r 10, 19S1. ------- ---- -------- ------------ FILa NO. 2699 DATI 8-18- 59 P'lLID 8-19-59 .0. R. .Ie. 391 I'AGI. 6 , IUV. tATn ~K.. 726 .N. 179 DATED. 10-11-56 ~ .1'1' FIRST NATI~NAL BANk OF JELRAY BtACH WOMAN'S CLue OF DELAAY BEACH CLue" LOCAtEO ON FOLTR 3F LO: TR or LO SHOWN &Ie. liD PL' or O:iCEOLA PARK ~ MARKEO "SASE BALL FleLO"; SAVE BEINJ BOUJIlOEO ON E OA~E ~T (FEO. HwY) . ON ~ SY BOYNTO~ JT (DIXIE Hwy), ON N BY 20 rT ALL~ ~ BY 20 rT ALLEY ON W~ICH ~OMAN!S CLUB OF DELRAY BEACH HAS A 99 VR LEA EO 8-G4-48 & IN DEEO BK. 3~6-418. . . G/~~ rc-l'~ 3/zZ~ ~ 6~.IIoCAJ~ 3/:;.r COMMERCIAL LEASE This Lease is made between the Woman's Club of Delray Beach, herein called Lessor, and Bill Hood & Sons Auctioneers & Appraisers, herein called Lessee. Lessee hereby offers to lease from Lessor the premises at 505 S. E. 5th Avenue, situated in the City of Delray Beach, County of Palm Beach, State of Florida, upon the following TERMS and CONDillONS: 1. Term and Rent. Lessor demises the above premises for a term of one (1) year, commencing March 21, 1994 and terminating on March 20, 1995 or sooner as provided herein at the annual rental of $30,000.00 plus 6% sales tax. Payment to be made in equal monthly installments of $2,500.00 plus $150.00 sales tax in advance on the twenty-first day of each month for that month's rental, during the term of this lease. All rental payments shall be made to Lessor, at P. O. Box 277, Delray Beach, Florida 33447. If the monthly installment is not received within 10 days from the date it is due, a "late charge" of $25.00 shall be due. 2. Use. Lessee shall use and occupy the premises for the purposes of conducting auctions and other related matters. Lessee agrees that the Lessor shall hold monthly meetings in the East Room regularly scheduled for the 2nd Wednesday of each month at the premises and that the Lessor may hold special events with two weeks notice to the Lessee. 3. Care and Maintenance of Premises. Lessee ackno", ledges that the premises are in good order and repair, unless otherwise indicated herein. Lessee shall, at his own expense and at all times, maintain the premises in good, safe and clean condition, including the outside grounds and inside building. Lessee shall furnish his own supplies such as toilet tissues, paper towels, garbage bags, etc. Lessor shall be responsible for reasonable and necessary repairs to the premises including any malfuncti In of the air conditioner, bathrooms, locks, electric, windows and any other necessary parts of the building so long as the malfunctions are not caused by the negligence of the Lessee. 4. Alterations. Lessee shall not, without first obtaining the written consent of Lessor, make any alternations, additions, or improvements, in, to or about the premises. Premises must be returned to their original condition upon termination of the lease. 5. Ordinances and Statutes. Lessee shall comply with all statutes, ordinances and requirements of all municipal, state and federal authorities now in force, or which may hereafter be in force, pertaining to the premises, occasioned by or affecting the use thereof by Lessee. Any signs or advertising posted must be approved by the City of Delray Beach and at Lessee's expense. 1 " . 6. Assignment and Subletting. Lessee shall not assign this lease or sublet any portion of the premises without prior written consent of the lessor, which shall not be unreasonably withheld. Any such assignment or subletting without consent shall be void and, at the option of the lessor, may terminate this lease. 7. Utilities. Lessee shall be solely liable for the electricity bill. Water and sewer charges shall be the responsibility of the Lessor unless the Lessee causes an unreasonable increase in the average monthly bill. Lessee shall be liable for any telephone services installed and used by the Lessee. 8. Entry and Inspection. Lessee shall permit Lessor or Lessor's agents to enter upon the premises at reasonable times and upon reasonable notice, for the purpose of inspecting the same. 9. Indemnification of Lessor. Lessor shall not be liable for any damage or injury to Lessee, or any other person, or to any property, occurring on the demised premises or any part thereof, and Lessee agrees to hold Lessor harmless from any claims for damages, no matter how caused. 10. Insurance. Lessee, at his expense, shall maintain public liability insurance including bodily injury and property damage insuring Lessee and Lessor with minimum coverage as follows: Lessee shall provide Lessor with a Certificate of Insurance showing Lessor as additional insured. The Certificate shall provide for a ten-day written notice to Lessor in the event of cancellation or material change of coverage. To the maximum extent permitted by insurance polices which IT ay be owned by Lessor or Lessee, Lessee and Lessor, for the benefit of each other, waive .lDY and all rights of subrogation which might otherwise exist. 11. Lessor's Remedies on Default. If Lessee defaults in the payment of rent, or defaults in the performance of any of the other covenants or conditions hereof, Lessor may give Lessee notice of such de fault and if Lessee does not cure any such default within 10 days, after the giving of such notice, then Lessor may terminate this lease on not less than 20 days' notice to Lessee. On the date specified in such notice the term of this lease shall terminate, and Lessee shall then quit and surrender the premises to Lessor, but Lessee shall - remain liable as hereinafter provided. If this lease shall have been so terminated by Lessor, Lessor may at any time thereafter resume possession of the premises by any lawful means and remove Lessee or other occupants and their effects. No failure to enforce any them shall be deemed a waiver. 12. Security Deposit. Lessee shall deposit with Lessor on the signing of this lease the sum of $1,000.00 as security for the performance of Lessee's obligations under this lease. 2 13. Termination. Either party may terminate the lease by giving six (6) months notice to the other party. In the event the Lessee is prevented from conducting his business on the premises by any governmental agency, Lessee may terminate the lease. 14. Attorney's Fees. In case suit should be brought for recovery of the premises, or for any sum due hereunder, or because of any act which may arise out of the possession of the premises, by either party, the prevailing party shall be entitled to all costs incurred in connection with such action, including a reasonable attorney's fee. 15. Parking Lot Lease. A valid lease exist between Lessor and Fronrath Chevrolet regarding the parking lot on the premises and the terms of this lease shall continue until the Lessor terminates the lease. Notwithstanding the existing lease described above, Lessor will not lease the premises to any other entity, person, or organization other than the Lessee during the term of this lease without Lessee's consent. Signed this 2::L day of y)1/4!-LL ,1994. BILL HOOD & S~cnONEERS & APPRAISERS By atiJ '/ Lessee ( WOMAN'S CLUB OF DELRA Y BEACH By Ji;hJ ,/ ~~j ''fY!;{ud::-4 ssor ' ./ '..,; By E.e.UPA~ /&#a_ Lessor 3 " . .. f1~f1QBb~PUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ttJV1. SUBJECT: AGENDA ITEM # 8F - MEETI~9 OF_AI?BI L 12,__J 994 FINAL PAYMENT/ACCEL PLUMBI~Q, INC. DATE: APRIL 8, 1994 This is before the commission to approve final payment in the amount of $825.61 to Accel Plumbing for work completed at the Tennis Center Phase II. The work has been completed to the satisfaction of the contract and City requirements. Recommend approval of final payment in the amount of $825.61 to Accel Plumbing, with funding from the General Construction Fund - Tennis Center (Account No. 334-4145-572-63.42. , . . Agenda Item No. 9r AGENDA REQUEST Date: April 5, 1994 Request to be placed on: X Regular Agenda -- -- Special Agenda Workshop Agenda When: April 12, 1994 Description of item (who, what, where, how much): Staff reauests citv Commission aDDrove final Dayment to the contract with Accel Plumbina for their work at the Tennis Center Phase II Droiect. The work has been comDleted to the satisfaction of the contract and citv reauirements. The final Davment amount is for $ 825.61. Fundina is available in the aeneral construction fund. tennis center account # 334-4145-572-63g42. I ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff reauests aDDroval of final Dayment to Accel Plumbina in the amount of $825.61. Department head signature: #t//~-d?~ r!S-/tcf 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: E /NO Funding alternative ~f a~licable) Account No. & Des13fltion~~t~!J; r-t2R . @ 7-4 _ ~ ()Dm - -r6N iJl5 Account Balance . Ot'v f. Z.. f' tfA%-n:- City Manager Review: ~ fJ11 Approved for agenda: YE 1NO Hold until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved \esd\9342\agend412 . , - ENVIRONMENTAL SERVICES DEPARTMENT MEMORANDUM To: David T. Harden City Manager ~ From: William H. Greenwood //VI) Director of Environmental Services Date: April 5, 1994 Subject: Agenda Request, Delray Beach Tennis Center - Phase II Final Payment to Accel Plumbing Project No. 93-42 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Staff requests City Commission approve the final payment to the contract with Accel Plumbing for their work at the Delray Beach Tennis Center, phase II. The work has been completed and reviewed to the satisfaction of the contract documents and staff. As indicated on the attached request for payment, the cost associated with contract are as follows: Original Contract Sum . . . . . . . . . . . $ 7,530.00 Change Order #1 . . . . . . . . . . . . . . . . $ 513.00 Change Order #2 . . . . . . . . . . . . . . . $ 140.00 Change Order #3 . . . . . . . . . . . . . . . . $ 73.15 Contract Sum To Date . . . . . . . . . . . . . . $ 8,256.15 Previous Billing . . . . . . . . . . . . . . . . $ 7,430.54 Current Request . . . . . . . . . . . . . . . . $ 825.61 Total this Request (final) . . . . . . . . . . . $ 825.61 Staff recommends approval of final payment to Accel Plumbing in the amount of $ 825.61. Funding is available in the General Construction Fund, Tennis Center Account number 334-4145-572-63.42. attachment cc: Jose Aguila, Asst. Construction Manager File: Project No. 93-42 (D) \ESD\9342\CMM412AP , , ~ ., , , '" '" ";Jf'T~!':',\,:'(~)'::~\:",,'\" . ,.'~ ,. . . ': ; ; , :n ~ d ~ ~g i ~ 0 ~~ ~ '" o-S T;' a;; ...... U U t~. 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"'.. . .' r o ~ ~ ! ~ . < ~~ , "", N, ,M ' '., ~, ',' In \0, ~ ' .: f' ~ <:',~,:', .<':...,', , '..:. >....' ," ' ':,' >, ., ,": ',- . ," 'Tr'll'-! 't.T....'.rt'>? ' , nl ....."" r'lNTf=l'I.lni.-! i':l'Y'lH I.)ni'l~ 9S:?? vFi6t-8~-~HW , , MEMORANDUM ---.-.- TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM # 8G - MEETING OF APRIL l2~ 1994 FINAL PAYMENT/BERMUDA LANDSCAI?IL~@J::>~$)Q~ DATE: APRIL 8/ 1994 This is before the Commission to approve final payment in the amount of $1,824.20 to Bermuda Landscape and Design for work completed at the Tennis Center Phase II. The work has been completed and reviewed for compliance with the contract documents. Recommend approval of final payment to Bermuda Landscape and Design in the amount of $1,824.20, with funding from the General Construction Fund - Tennis Center (Account No. 334-4145-572-63.42. Agenda Item No. <lG AGENDA REOUEST Date: April 5, 1994 Request to be placed on: X Regular Agenda -- -- Special Agenda Workshop Agenda When: April 12, 1994 Description of item (who, what, where, how much): Staff reauests City Commission aporove final oayment to the contract with Bermuda Landscaoe and Desian for their work at the Tennis Center Phase II oroject. The work has been comoleted to the satisfaction of the contract and city reauirements. The final oavment amount is for $ 1824.00. Fundina is available in the aeneral construction fund, tennis center account 334-4145-572-63 42. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO final oayment to amount of 1824.00. 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): If) Funding available: E /NO Funding alternative (if a~ltoMble) Account No. &DesfjJltion~:t~Mf~.b?r4.z.. 68. 5Jk!.-~NN)5 Account Balance at~ '. . . Pt+~ City Manager Review: 81( Approved for agenda: ~/NO Hold until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved \esd\9342\agnd412B , , ENVIRONMENTAL SERVICES DEPARTMENT MEMORANDUM To: David T. Harden city Manager ~ From: William H. Greenwood ~~- Director of Environmental Services Date: April 5, 1994 Subject: Agenda Request, Delray Beach Tennis Center - Phase II Final Payment to Bermuda Landscape and Design Project No. 93-42 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Staff requests city Commission approve the final payment to the contract with Bermuda Landscape and Design their work at the Delray Beach Tennis Center, phase II. The work has been completed and reviewed for compliance with the contract documents. As indicated on the attached request for payment, the cost associated with contract are as follows: original Contract Sum . . . . . . . . . . . $ 22,000.00 Change Order #1 . . . . . . . . . . . . . . . $ -4,878.00 Change Order #2 . . . . . . . . . . . . . . . $ +1,200.00 Contract Sum To Date . . . . . . . . . . . . . $ 18,242.00 Previous Billing . . . . . . . . . . . . . . . . $ 16,417.80 Current Request . . . . . . . . . . . . . . . . $ 1,824.20 Total this Request (final) . . . . . . . . . . . $ 1,824.20 Staff recommends approval of final payment to Bermuda Landscape and Design in the amount of $ 1,824.20. Funding is available in the General Construction Fund, Tennis Center Account number 334-4145- 572-63.42. attachment cc: Jose Aguila, Asst. Construction Manager File: Project No. 93-42 (D) \ESD\9342\CMM412BL . , 'B ea N\ u 0 A l.J) ,...n'J S cA ~ e: ~ I) ec; \ ~ " ( > - APPL~CAT~ON AND CERTXFXCATE FOR PAYMENT Pz:oo:J ea:'=- : LANDSCAPI NG OF DELRAY BEACH. TENNI S CENTER-PHASE I I rot crn OF DBLMY BBACf!, bVB. DRV DP'l' AppUcaUon 1'01 2 _ FIN A L Period Tal 4-4-94' \ttJlI JOSE AQU I LA COft"acl~ Dat41. FEB 23, 1994 11. I Architect'. prajeat Ro.. 93-02 CBARl::E OlUlUS AP1>IlOVED 1ft BIS PElla> Appliaation 1. IIIIlde lor paYMllt. .. lIhQWJl below. 110. DM!B ADD~101QI l)JII)ucnOMS ~Il. P.l:llIlIOIlt. at&tU. of tlW aCCCllftt f= t1l1. Coutl'act 18 a. tallow.: 1 _ 4 ,878, 00 ~GInI. comwlT SUM ........,.... ......,........ 22,000,00 2 L 120,00 Dr CIIAK01'l BY CJWfOI O!mDtl ..................... - '-3,758,00 Ct.:If'rRACl BUM ~ DAft ........ t... · . . . · · ........ .... ... -18 I 242 I 00 '!'OW. camJmD I ~ m DAft .. .............. -18,'242,00 1lI'1'AXIfMB ; 10 , OF CQ4PI,a'ID WOlUt ......,........ - - 0- 'J:IOTAL IITAIRAGI I................................. - -0- 'lmAL IANmD Ll88 1UI'rAI1WIE ..................... - 18, 2 42 , 00 CVJlRIftl - 'l'Ol!AL PJlEVl:0IJ8 JIICDUII'.rS ClRrXPIJD ..,........"... - 16 I 417 , 8 0 ~ CURRIIIT I'AYHBlI'J! DUB ............................. - 11 82 4 I qo PIlU0D81 IALDCI 2.'0 n~B PLUII JI'l!A%lIAQI ..........,..." - -I. (.. -O- f 'l'O'lALr - ll<<)01f1' ~xr:rtD ..,....'.'4".'.....~........... I, g>"I.,........... L') CONTRACTOR'S APPLICATION FOR PAYMENT CERTIFIED BY BERMUDA LANDSCAPE & DESIGN Signed. Km/!;;~J/ Signed. ~ " By: By: . 0) G .AS" ~l"- Date. ~ 6' 91 . 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O(W c..", <u.. -:r; <I- , MEMORANDUM _._-----~--- TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM # ~I-I - MEETING OF APRIL 121 1994 CRA RELOCATION ASS I STANCJ~:LJ.OVILA~~gTI1~N'L$ DATE: APRIL 8, 1994 This is before the Commission to approve and accept $12,000 from the Community Redevelopment Agency to provide relocation assistance to the tenants of the Love Apartments, 33-42 N.W. 1st Avenue. The CRA is asking the courts to approve an "Order of Taking" of the apartments, giving the CRA title to the property. The relocation will commence upon receipt of the title. CRA policy provides for payment of $1500 per household plus reasonable moving expenses. The CRA has requested the City's assistance in relocating the tenants. They will reimburse the City for staff time utilized in providing this service. Recommend approval to receive and disburse these funds in accordance with CRA Relocation Policy. ~.o-n ~ , . Agenda Item No.: gl/. AGENDA REQUEST Request to be placed on: Date: MARCH 28, 1994 Regular Agenda Special Agenda Workshop Agenda xx Consent Agenda When: APRIL 12, 1994 Description of item (who, what, where, how much) : THIS IS TO REQUEST COMMISSION APPROVAL TO ACCEPT AND APPROPRIATE $12,000.00 FROM THE COMMUNITY REDEVELOPMENT AGENCY TO PROVIDE RELOCATION ASSISTANCE TO THE TENANTS OF THE LOVE APARTMENTS, 33-42 NW 1ST AVE. (Example: Request from Atlantic High School for $2,000 to fund project graduation). ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: STAFF RECOMMENDS APPROVAL TO RECEIVE AND BISBURSE THESE FUNDS IN ACCORDANCE WITH THE ATTACHED CRA RELOCATION POLICY. (Example: Recommend approval with funding from Special Events Account No. 001-3333-555-44.55). ~____~ Department Head Signature: tY1 / City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: YES/NO Funding alternatives: (if applicable) Account No. & Description: Account Balance: City Manager Review: Approved for agenda:~/NO ~ Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved , . M E M 0 RAN DUM March 28, 1994 To: David Harden, City Manager From: Dorothy Ellington, Community Development Coordinator,E; ~ Thru: Lula Butler, Community Improvement Director LfJ Subject: Agenda Request/April 12, 1994 Appropriation of $12,000 Relocation Assistance Community Redevelopment Agency ("Love Apartments") ITEM BEFORE THE COMMISSION This is to request Commission Approval to accept and appropriate $12,000 from the Community Redevelopment Agency to provide relocation assistance to the tenants of the Love Apartments, 33-42 NW 1st Avenue. This request is for the April 12, 1994 agenda. BACKGROUND On April IS, 1994, the CRA will ask the courts to approve an "Order of Taking" of the "Love Apartments" and has requested our assistance in relocating the tenants in accordance with the CRA's approved relocation policy. The policy provides for payment of $1500 per household plus reasonable moving expenses. In addition to the relocation assistance, the Community Redevelopment Agency will reimburse the City for staff time utilized in providing this service. The service is to commence once the CRA is given title to the property by the Courts. This action was approved by the CRA on March 10, 1994 and a check in the amount of $12,000 was submitted to us on 3/14/94. RECOMMENDATION Staff recommends approval to receive and disburse these funds in accordance with the attached CRA Relocation Policy. . CD Commun....( Redevelopment -a Agency Delray Beach March 14, 1994 Ms. Lula Butler Community Improvement Director City of Delray Beach 100 NW 1st Avenue Delray Beach, FL 33444 RE: Tenant Relocation Assistance for the Residents of the "Love Apartments" Dear Lula: In response to your letter of January 21, 1994, the CRA approved your relocation assistance proposal on March 10, 1994, whereby our Agency compensates your department at a rate of $20.00 per hour. In addition, please find enclosed the relocation guidelines under which your department may operate. The total amount which you may utilize to assist the resident is $1,500.00 per household according to the attached guidelines. Please remember that any tenant not on the lease will receive no assistance. Thank you for your assistance. We look forward to a smooth transition for the tenants. Please find en 6Sfd a check in the amount of $12,000.00 for tenant assistance. I / Si ely/yours, ~ Christopher J. Brown Executive Director /d ~ \S" ~YA Enclosures \ fZ'C; tI~ cc: Robert W. Federspiel, Esq. 3{(7 James W. Vance, Esq. IRIECfE~VIE!r) ;, !' '.'1 '} ,. ..' oj J~' '..I \ I~, _~ .; .,: JMMUNITY IWh.!, ,_ ADMINISTR,l.,TlON 207 E. Atlantic Avenue, Delray Beach, FL 33444 (407) 276-8640 / Fax (407) 276-8558 , . -- CD Communl.i Redevelopment -a Agency Delray Beach RELOCATION BENEFITS PER HOUSEHOLD Moving Costs: Not to exceed $250.00 Rent: Security, first, and last month's rent not to exceed $1,400.00 Utility Deposits: Telephone, electric, gas not to exceed $150.00 Beneficiaries: Household on lease; not including relatives or sub- tenants; one household per unit Offering Period: 30 days from Notice of Termination of lease Hold Harmless: Signed release and vacate premises Timing: To be determined by Community Improvement Department; however, we su~est that the relocation commences after the eRA has been given title to the property by the courts. 207 E. Atlantic Avenue, Delray Beach, FL 33444 (407) 276-8640 / Fax (407) 276-8558 , . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM # g;C. - MEETING OF APRIL 12, 1994 FINAL PLAT/LOTS 8 & 9 BLOCK 2LFQXPOINTE SUBDIVISION DATE: APRIL 8, 1994 This is before the Commission to consider approval of final plat for the replat of Lots 8 and 9, Block 2, Foxpointe Subdivision, to accom- modate a future building addition to Lot 9. The area being replatted will not diminish either lot from meeting the required dimensions or setbacks. The property owners have agreed to the new property lines and the requested modifications have no public implications. Recommend approval of final plat for lots 8 and 9, Block 2 of the Foxpointe subdivision. , , 0-,\ b7i C I T Y COM MIS S ION DOC U MEN TAT ION TO: DAVID T. HARDEN, CITY MANAGER THRU: UEZ~~' ln~~\f'~f'l4/_ L NING & ZONING ~~\ ~ FROM: SUBJECT: MEETING OF APRIL 12, 1994 ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of the final plat for the replat of Lot 8 and Lot 9 Block 2, Foxpointe Subdivision. The project is located south of W. Atlantic Avenue along Foxpointe Circle, within the Hamlet community. This replat is being processed pursuant to LDR Section 2.4.5(L), Modifications to Recorded Plats. B A C K G R 0 U N D: In July, 1993, the Planning and Zoning Department received a request to replat Lots 8 and 9 Block 2 of the Foxpointe Subdivision. The proposed replat was made in order to accommodate a future building addition for Lot 9. Pursuant to LDR Section 2.4.5(L)(1), any modification to a recorded plat which involves the legal description of a parcel, including a change in location of a lot boundary line, shall require a replat, of at least that portion, of the original plat which is affected. The area that is being replatted will not diminish either lot from meeting the required dimensions or setbacks. The affected property owners have agreed to the new property lines and the subject plat has been reviewed by all appropriate City staff. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board reviews modifications to recorded plats only when the modification has implications on public rights, such as rights-of-way, improvements, or streets. As there are no such implications involved with the proposed replat, no Planning and Zoning consideration was necessary. , City Commission Documentation Foxpointe Replat Page 2 R E COM MEN D E D ACT ION: By motion, approve the replat of Lot 8 and Lot 9 Block 2, Foxpointe Subdivision. Attachment: * Location Map & Reduced Plat T:FXPTCC.DOC , . , . .. H R ~ ..... ~ - UNCOlN ~ - ROAD ~ - ""'""'- ~ --- - --- \ I: tlVl': ~ % 11 ....~~ ROAD \ r--- ~~II II-rr OAD l--- I = / "" JCLE i- f 1 -- II ~ J _b!:l- DRIvt: ~ - - - - - L---' -=-- ~ ::6= - - -.J - ~ARD - ~ <! a::: ~ ~LE1_ I ~Ir- r----r-..J'lf H A - ,\ U r2 --1) ~ l~, .(1 a ~ - ~ \l1 '\ l I II I I I I ~ N~l I l;Il((;lE I r I >- LaWSON :~ I I I I I ] - SHERWOOD ~ I I I I I I 1 I I I N - fOXEPOINTE REPLAT OF" LOTS 8 a: 9, BLOCK 2 I . ,\) " ".'>' If_,,', / A., i. / .'\ '\I' \.!-- - -60 ~ ~ ~" ..... I-- I . ..,.'> ~1' ~ -'g -rg , :....... 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"'I ;,. iii , ....... -t:) CI:l I- I ":- "': L C\J ~ IIi~ .......aoe;( a ,;;; I::: C) ; QQ....J / "'I:.. I _ .- ilL.. ,;;; I-- ~ " ~/.'" I C) I '" 1 a ~ l\i....... '';' /i / -I 'f f'r') .............. '." /~ - ....... / ..,-, U) -. -- / ~ f'r') '{ //~ I I-- r- C) I. I.:. / r-.. I a I"~ '-' ~ ~. en I- . '....,....... ....J ~ n, ~ / ",/1., . ..... r .- 'u I- ~~ / _ eo, "..... , .:;>,. ....... 0....... "" '. ~ , - " ....J ..It> ~ N' ~.Q /::>.,'......., ~ ~ , .;" ~ \;)\;) '\ I- " '...... / ;. -: J, ,,-s . '\. a I- ~eo '\ 0 :t: \. ....J "....J. 0"" I\." ' ":eo a / . '\. " ~~ C\J:: Ln '\ " ~~ I- I "'~ I- '\. , CI:l ,u a I~;" / a 8eo....J / . '" ....J .... I- .~ I ~~, a ~d I ~ "" ~ ....J 7-:.' -_ 00.' - I.~,., lO l..J 0::_ . s~ ~ 1M 1 \. a .00Sl ". C LO' '\ \. .~ I- ,....J (J) 1'- - <00 Os '\ a (J) CI:l ...... / .r---.t ,\....J l- I-- ~ I a. a I ;e / '\'\ ' ....J O~:~ _..J I .'"" I'-. \ 1 [21,' I- ~,p .... .... --1 ~I a a ~ . i;,....J ...... 01' /1-\ , a , / ..... , ...... (I-, ... a . , ",. ....J ''''1) 'I - I'") " ;~"'_~....' . ~ ; ~ .. .. \-6";:s'9ljS.~~ / " C\J . c' 5 / ..... . "". I I. J .... . '_'", '1.00;_-.4-_ ",.~;. :"1 ~ f- .~~~~ 'o:"on;t-'-;v - ~ ~~~~ . . 01{ M I [ITY DF DELHAY BEA[H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEA~H, FL2RIDA 334:!4 Wr~ter _ D rect ~ne FACSIMILE 407/278.4755 (407) 243-7090 MEMORANDUM Date: April 6, 1994 To: City Commission Assistant City Attorne~ From: David N. Tolces, Subject: Purchase and Construction Agreement with J. Henry Felton, Jr. - S.W. 10th Avenue Attached for your approval is a purchase and construction agreement between the City and J. Henry Felton, Jr. for S.W. 10th Avenue right-of-way. Mr. Felton agreed to sell the right-of-way to the City for $13,000.00. Approval of the agreement and acceptance of the deed is recommended. Please call if you have any questions. DNT:sh Attachment cc: David Harden, City Manager Sharon Morgan, City Clerk's Office $3 '. . . .' , . AGREEMENT THIS AGREEMENT made and entered into this ;;( .3 day of /l[t24 , 1994, by and between J. HENRY FELTON, JR. , ("OWNER") and the CITY OF DELRAY BEACH, a municipal corporation of the State of Florida ("CITY"). WIT N E SSE T H: WHEREAS, the OWNER is the record owner of property which is described as follows: See Exhibit "A" Delray Beach, Florida; and WHEREAS, the CITY desires to purchase OWNER'S property for the construction of S.W. 10th Avenue. NOW, THEREFORE, the parties hereto agree as follows: 1. The parties agree that the 'OWNER shall sell and the CITY shall buy the following described property upon the terms and conditions hereinafter set forth: See Exhibit "A" attached hereto. 2. The CITY agrees to pay to the OWNER the amount of Thirteen Thousand Dollars ($13,000.00) for the purchase of the above-described property. 3. The deed and possession of the property described in Exhibits "A" shall be delivered on or before seven days from acceptance .by the City unless otherwise agreed by both parties. Time is of the essence; however, this contract may be extended by agreement, in writing, by both CITY and OWNER. . , . 4. This contract shall extend to and be binding upon the heirs, administrators, executors, successors and assigns of the respective parties hereto. 5. This agreement contains the entire agreement between the parties, no other representations or warranties were made by either party which are not represented in this agreement. IN WITNESS WHEREOF the parties hereto have entered into this agreement the day and year first above written. Cf),SS,' ~-A-L ' OWNER: By: :s: ~~ J{lt ~ ~XJ 1),0 Ylp_ '-..Jenk',nS J. Henry Felton, Jr. (Type or Print Name) (Type or Print Name) STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this .;<~ day of MarC' h , 19 9 4, by ~ HeY"'ltl 'I f"'e..\-t-o 1\J :r (" . . He is personally known to me/or has produced ..Q... ~\\\\\""""""1. ~'~~\\.A MAJ( "/~ ~ ~ ........ ~,p~ Signature of Notary Public - '* .. \ss/Q.. :'.: ~ .. ~\lI we. .. ~ State of Florida s .~~ 2, :.to. ~ ~ .. ~ ~~:,. TO.>.! ~.. ~ = :~ --s t1' ~~ -: ~hel 'a. YYla r-h rV =*: .... :*= - . . - Print, Type or stamp Name of =-z. · · = ~~~~ #CC340929 :~:::: Notary Public ..., · 'h 61 ~. ~ -::: ~~..Q>1- AOllded \",~~..~~.'~ ~ ~ ,oC;.. 'lIblic uno.t ..~ <<--.; ~ ~ 19 ........ ';:j * "'.III. Vc STji."it ,\\~ BUYER: ~llllIilll m\\\\\\ ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Thomas Lynch, Mayor Approved as to Form: City Attorney tel ton-l. agt 2 . - EXHIBIT "A" The West 100 feet of the East 3.~ 5 feet of Lot 16, of ESQUIRE SUBDIVISION, according to the Ie Lat thereof on file in the office of the Clerk of the Circui: Court In and for Palm Beach County, Florida, recorded in Plat Book 23, Page 43. . v . . f/1.I)fJ( J 10 - ~ ~ , c: ... --_. . .. - ~IC' ~ , r , -- '-~.- '''i' '" ~1 \ I.~ \-f-. J' - i.' i STREET i -----..---.----.. I '" _._._._._._._._._._.-l )tt f\ , , -- " , .. / . / - --- .- t !'> - t' ~ :E -I . , ..... " 0 -t ::r: -n-m-'-rr . o{ W1 [ITY DF DELHAY BEA[H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444 Wr~t_r'. D~r_ct L~n_ FACSIMILE 407/278.4755 (407) 243-7090 MEMORANDUM Date: April 6, 1994 To: City Commission From: David N. Tolces, Assistant City Attorne~ Subject: Purchase and Construction Agreement with MS DE Q, Inc. - S.w. 10th Avenue Attached for your approval is a purchase and construction agreement between the City and MS DE Q, Inc. for S. w. 10th Avenue right-of-way. In return for the right-of-way, the City will be constructing a driveway access from S.W. 10th Avenue to the property. Approval of the agreement and acceptance of the deed is recommended. Please call if you have any questions. DNT: sh Attachment cc: David Harden, City Manager Sharon Morgan, City Clerk's Office fK '. . - AGREEMENT THIS AGREEMENT made and entered &.c, into this '2.1.. day of i1 4--Vl L pt , 1994, by and between M 5 DE Q, Inc. , ("OWNER") and the CITY OF DELRAY BEACH, a municipal corporation of the State of Florida ("CITY"). WIT N E SSE T H: WHEREAS, the OWNER is the record owner of property located at 1215 Old Germantown Rd. , Delray Beach, Florida; and WHEREAS, the CITY desires to purchase a portion of OWNER'S property for the construction of S.W. 10th Avenue; and NOW, THEREFORE, the parties hereto agree as follows: 1. The part i.. agree that the OWNER shall ..11 and the CITY shall buy the followin9 described property upon the term. and conditions hereinafter se~ forth: S.. Exhibit "A" attached hereto. 2. The CITY agr... to pay to the OWHBR the amount of one dollar $1.00 for the purchase of the above-described prop.rty. As additional con8ideration, the City agr... to install driveway acee.. fro. S.W. 10th Avenue to the OWHERts property. The driveway ace..s ahall be .ltuated in a manner whlch will alip with the existing driveway on the north 8lde at the building pre.ently located on u. property. The driveway aec... shall be constructed in conjunction with the constructIon of S.W. 10th Avenue. . 3. Furthermore, the OWNER grants to the CITY the right to enter upon their land for a distance of ten feet (lOt) from the right-of-way line established for S.W. 10th Avenu. in order to .nsure proper construction of S.W. 10th Avenue and a.sociated utiliti... It i. understood and agreed by the parties that the right granted herein ahall cea.. upon completion of the contract upon which such construction 1. perfomed. 4. The deed and po.....ion of the property described in Exhibit "A" .hall be d.livered on or before seven days from acceptance by the City unl.ss otherwi.e agreed by both partie.. '1'i... i. of the ess.nc.; how.v.r, this contract may be extended by agreement, in writing, by both CITY and OWNER. s. This contract ahall ext.end to and be bindlng upon the heirs, administrators, executor., succe.aora and a..1gns ot the respective part i.. hereto. S. Th1. agreement contalne the entire agr.ement between the partl.., no other repr..entations or warrant!.. were .-de by eithar party which are not repr...nt.d in this agr....nt. Z. W%THI8 WREDor the partie. h.reto have entereel into this agr....nt the day and year flrst above written. OWRBR: By:~c/.L-j tfik. (/ C-t:;3: .1), M~'c)YN'e ..../ (Type or Print Name) . STATE OF FLORIDA COUH'I'Y OP PALK BEACH ., . ~The foregoing in.tru.ent wa. acknowledged before .e thi. day of MJcI2.Ltt , 1994, by R~ l). Ml.~.iY1nt%1 , and. . They are Ptr.onally knOwn to m./or have prOduced . -- dentlfication. S n c - ..~~....... LEIGH ANN COSTON Stat. of Florida ~ .:st~ !*~~;~ MY COMMISSKlN' cc 237447 U l ~tf ffAJ V Co'":>iO.A.J ?i, :,,= "'" ~"i EXPIPfS: NMmber 19. 1998 "','Rt.~\.... Print, Type or StUlp Name of Rotary Public BUYBR: ATTESTs CITY OF DELaAY BEACH, I'LORlDA City Clerk By: 'fho... Lynch, Mayor Approved a. to FoZ'Dl and Legal Sufficiency I City Attomey ...,.1It . . . EXHIBIT "A" THAT PORTION OF TBB FOLLOWING DESCRIBED PROPERTY: (PER OFFICIAL RECORDS BOOK 6317 AT PAGE 1478) " . PARCEL I BEGINNING AT A MARKER AT THE SOUTHEAST CORNER OF BLOCK D, ACCORDING TO THE PLAT OF SUNNY ACRES, A REPLAT OF THE WEST QUARTER OF LOT 30 AND THE EAST HALF OF LOT 22 OF THE MAP SHOWING SUBDIVISIONS OF PORTIONS OF TOWNSHIP 45 AND 46 SOUTH, RANGE 43 EAST, ACCORDING TO THE PLAT THEREOF FILED IN PLAT BOOK 1, PAGE 4, PALM BEACH COUNTY RECORDS, AND RUN WEST 156.7 FEET TO GERMANTOWN ROADJ THENCE NORTHEASTERLY, ALONG GERMANTOWN ROAD 175 FEETJ THENCE EAST TO THE EAST LINE OF THE EAST HALF OF THE WEST HALF OF LOT 30J THENCE SOUTH ALONG THE SAID EAST LINE OF THE SOUTHEAST CORNBR OF THB BAST HALF OF THE WEST HALF OF LOT 30 J THENCE WEST THE THB SOUTHWEST CORNER OF THE EAST HALF OF THE WEST HALF OF LOT 30J THENCB NORTH 25 FEET TO THE POINT OF BEGINNING, LOCATED IN THE SOUTHWEST QUARTER OF SECTION 20, TOWNSHIP 46 SOUTH, RANGE 43 EAST. LESS AND EXCEPT THE EAST 25 FEET THEREOF. WHICH LIES WITHIN 30.00 FEET WEST OF TBB FOLLOWING DESCRIBED LINE: BEGIN AT THE NORTHWEST CORNER OF "LINTON FOREST PLAT 1", ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 44, AT PAGES 177 AND 178 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. SAID POINT OF BEGINNING BEING A PERMANENT REFERENCE MONUMENT ,1601J THENCE ON AN ASSUMED BEARING OF N00023'12"E ALONG THE NORTHERLY EXTENSION OF THE WEST LINE OF SAID PLAT "LINTON FOREST PLAT 1", BEING COINCIDENT WITH THE EAST LINE OF THE WEST ONE-HALF OF LOT 30 AND THE EAST LINE OF THE WEST ONE-HALF OF LOT 29 OF THE SUBDIVISION OF SECTION 20, TOWNSHIP 46 SOUTH, RANGE 43 EAST, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1 AT PAGE 4 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA FOR A DISTANCE OF 1331.48 FEET TO THE POINT OF TERMINATION OF SAID DESCRIBED LINE, SAID POINT BEING ON THE NORTH LINE OF SAID LOT 29, SAID POINT ALSO BEING COINCIDENT WITH THE CENTERLINE OF S.W. 10TH STREET AS SHOWN ON THE PLAT OF "ESQUIRE SUBDIVISION", ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 23, AT PAGE 43 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDAJ SAID POINT LIES 125.00 FEET EAST OF AS MEASURED ALONG THE SAID CENTERLINE OF S.W. 10TH STREET TO THE INTERSECTION OF S.W. 10TH AVENUE AS SHOWN ON THE PLAT OF "DELRAY BEACH HEIGHTS" ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 25, AT PAGE 186 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. SAID LANDS SITUATE WITHIN THE CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA. CONTAINING 0.0212 ACRE OR 922 SQUARE FEET, MORE OR LESS. . .... . BI.OC/( J 10 :;: ~ . C 1'1 .---- . .. . ~I\' . , -- -..- i i -vi' i - -......-..---..-..--..-.. '" "t f\ , , -- " ~ .. I . / .. --- ~ ~ U) - . t' -- I------...._---~ :E -I ... " I 10 -0. 0 -f ~-....-.__.-'. ...,.---..,----.... V :r: , -n-m-Tf , / . o~ ~ [IT' DF DELIAY BEA[H CITY ATTORNEY'S OFFICE 2il(J NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444 Wr~t_r.B D~r_ct L~n_ FACSIMILE 4il7/278.4755 (407) 243-7090 MEMORANDUM Date: April 6, 1994 To: city Commission From: David N. Tolces, Assistant City Attorne~ Subject: Purchase and Construction Agreement with Gonzalez - S.w. 10th Avenue Attached for your approval is a purchase and construction agreement between the City and the Gonzalez family for S.W. 10th Avenue right-of-way. The Gonzalez's agreed to sell the right-of-way to the City for $3,800.00. Approval of the agreement and acceptance of the deed is recommended. Please call if you have any questions. DNT: sh Attachment cc: David Harden, City Manager Sharon Morgan, City Clerk's Office gL- .. . ~ .... - AGREEMENT - - THIS AGREEMENT made and entered into this E day of -1!JOfC I, , 1994, by and between Elizabeth A. Gonzalez , ( "OWNER" ) and the CITY OF DELRAY BEACH, a municipal corporation of the State of Florida ("CITY"). WIT N E SSE T H: WHEREAS, the OWNER is the record owner of property located at 1119 Germantown Road , Delray Beach, Florida; and WHEREAS, the CITY desires to purchase a portion of OWNER'S property for "the construction of S.W. 10th Avenue; and NOW, THEREFORE, the parties hereto agree as follows: 1. The parties agree that the OWNER shall sell and the CITY shall buy the, following described property upon the terms and conditions hereinafter set forth: See Exhibit "A" attached hereto. 2. The CITY agrees to pay to the OWNER the amount of One Sixth 0/6) of $3,800.00 for the purchase of the above-described property. 3. Furthermore, the OWNER grants to the CITY the right to enter upon their land for a distance of ten feet ( 10 ' ) from the right-Of-way line established for S.W. 10th Avenue in order to ensure proper construction of S.W. 10th Avenue and associated utilities. It is understood and agreed by the parties that the right granted herein shall cease upon . " . completion of the contract upon which such construction is performed. - - - 4. The deed and possession of the property described in Exhibit "A" shall be delivered on or before seven days from acceptance by the City unless otherwise agreed by both parties. Time is of the essence; however, this contract may be extended by agreement, in writing, by both CITY and OWNER. 5. This contract shall extend to and be binding upon the heirs, administrators, executors, successors and assigns o~ the respective parties hereto. 6. Following construction of Southwest 10th Avenue, the CITY agrees to restore the following described personal property to the condition which existed prior to construction of Southwest 10th Avenue: Replacement or relocation of existing fencing. 7. This agreement contains the entire agreement between the parties, no other representations or warranties were made by either party which are not represented in this agreement. IN WITNESS WHEREOF the parties hereto have entered into this agreement the day and year first above written. 5t~'tt_~~ OWNER: By:-B"i!ldU~~~ F/ 12-1) ta-I-h [-tfJ /l2...a ~t' L (Type or print Name) (Type or Print Name) 2 . . . STATE OF FLORIDA COUNTY OF PALM BEACH before -me this to . produced - Signatur~~~ - State of Florida Print, Type or St~e~~~~JONES Notary Public Notary Public, State of Aorida My Commission Expires March 10, 1997 BUYER: Commission No. CC 264163 ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Thomas Lynch, Mayor Approved as to Form and Legal Sufficiency: City Attorney rcw.aqt 3 . EXHIBIT IIA" THAT PORTION OF LAND LYING NORTO OF TOB l!'OLLOWING DBSCRIBBD PROPBRTY: (PER OFFICIAL RECORDS BOOK 5314 AT PAGE 1828) " . FROM THB POINT OF INTERSECTION OF THE EAST LINE OF GERMANTOWN ROAD AND THE NORTH BOUNDARY LINE OF LOT 30, SECTION 20, TOWNSHIP 46 SOUTH, RANGE 43 EAST, RUN SOUTHWESTERLY ALONG SAID EAST LINE A DISTANCE OF 415.00 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION, THENCE FOLLOWING ALONG THE SAME COURSB IN A SOUTHWESTERLY DIRECTION A DISTANCE OF 12.00 FEET, THENCE AN EASTERLY DIRECTION AT AN ANGLB OF 71 DEGREBS, 58 MINUTES AND 57 SECONDS, MEASURED FROM NORTHEAST TO EAST A DISTANCB OF 386.41 FEET; THENCE IN A NORTHERLY DIRECTION AND AT AN ANGLE OF 85 DEGREES, 45 MINUTES AND 33 SECONDS, MEASURED FROM WEST TO NORTH, A DISTANCE OF 107.15 FEET, THENCE IN A WESTERLY DIRECTION AND AT AN ANGEL OF 88 DEGREES 00 MINUTES AND 30 SECONDS MEASURED FROM SOUTH TO WBST A DISTANCB OF 208.30 FEET; THENCE IN A SOUTHWESTERLY DIRECTION AND PARALLEL. TO THE EAST LINE OF GERMANTOWN ROAD AT AN ANGLE OF 114 DEGREES AND 15 MINUTES MEASURED FROM EAST TO SOUTHWEST A DISTANCE OF 60 FEET, TIIENCE IN A WESTERLY DIRECTION AND AT AN ANGLE OF 245 DEGREES AND 45 MINUTES MEASURED FROM NORTHEAST TO SOUTH TO WEST A DISTANCE OF 150 FEET TO THE POINT OF BEGINNING. LESS THE FOLLOWING: FROM THE POINT OF INTERSECTION OF THE EAST LINE OF GERMANTOWN ROAD AND THE NORTH BOUNDARY LINE OF LOT 30, SECTION 20, TOWNSHIP 46 SOUTH, RANGE 43 EAST, RUN SOUTHWESTERLY ALONG SAID EAST LINE A DISTANCE OF 415.00 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE FOLLOWING ALONG THE SAME COURSE IN A SOUTHWESTERLY DIRECTION A DISTANCE OF 12.00 FEET, THENCE AN EASTERLY DIRECTION AT AN ANGLE OF 71 DEGREES, 58 MINUTES AND 57 SECONDS, MEASURED FROM NORTHEAST TO EAST A DISTANCE OF 264. 08 FEET; THENCE IN A NORTHERLY DIRECTION AND AT AN ANGLB OF 85 DEGREES, 45 MINUTES AND 33 SECONDS, MEASURED FROM WEST TO NORTH, A DISTANCE OF 94.46 FEET; THENCE IN A WESTERLY DIRECTION AND AT AN ANGEL OF 88 DEGREES 00 MINUTES AND 30 SECONDS MEASURED FROM SOUTH TO WEST A DISTANCE OF 86.22 FEET; THENCE IN A SOUTHWESTERLY DIRECTION AND PARALLEL TO THE' EAST LINE OF GERMANTOWN ROAD AT AN ANGLE OF 114 DEGREES AND 15 MINUTES MEASURED FROM EAST TO SOUTBWEST A DISTANCE OF 60 FEET; THENCE IN A WESTERLY DIRECTION AND AT AN ANGLE OF 245 DEGREES AND 45 MINUTES MEASURED FROM NORTHEAST TO SOUTH TO WEST A 0 DISTANCE OF 150 FEET TO THE POINT OF HEGINNING; BEING A PART OF LOT 30, A SUBDIVISION OF SECTION 20, TOWNSHIP 46 SOUTH, RANGE 43 BAST AS RECORDED IN PLAT BOOK 1 AT PAGE 4, IN AND FOR THE RECORDS OF PALM BEACH COUNTY, FLORIDA. AND LYING SOUTH OF TBB FOLLOWING DESCRIBED PROPBRTY: (PER OFFICIAL RECORDS BOOK 5176 AT PAGE 0896) THE SOUTH 79.82 FEET OF THE NORTH 247.82 FEET OF THE EAST HALF (El/2) OF THE WEST HALF (Wl/2) OF LOT 30, EAST OF GERMANTOWN ROAD, IN SECTION 20, TOWNSHIP 46 SOUTH, RANGE 43 EAST ACCORDING TO TUE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM HEACH COUNTY, FLORIDA, IN PLAT BOOK 1, PAGE .. ... 4. oj WHIcn LIES WITHIN 30.00 FEET WEST OF THB FOLLOWING DESCRIBBD LINB: I . . . . BEGIN AT THE NORTHWEST CORNER OF -LINTON FOREST PLAT 1-, ACCORDING I TO THB PLAT THBREOP RECORDED IN PLAT BOOK 44, AT PAGBS 177 AND 178 OP THB PUBLIC RECORDS OF PALM BBACH COUNTY, FLORIDA. SAID POINT OF BBGINNING BBING A PERMANBNT REPBRENCB MONUMENT 11601, THBNCE ON AN ASSUMED BBARING OP NOo023'12-B ALONG THB NORTHBRLY EXTENSION OF THB WEST LINB OP SAID PLAT -LINTON FORBST PLAT 1-, BBING COINCIDBNT WITH THB BAST LINB OP THB WBST ONB-HALP OP LOT 30 AND THB BAST LINB OF THB WEST ONB-HALP ~P LOT 29 OP THB SUBDIVISION OP SBCTION 20, TOWNSHIP 46 SOUTH, RANGB 43 BAST, ACCORDING TO THB PLAT THBRBOP RBCORDBD IN PLAT BOOK 1 AT PAGB 4 OP THB PUBLIC RBCORDS OP PALM .. ,BBACH COUNTY, FLORIDA FOR A DISTANCB OF 1331.48 PBBT TO THB POINT OP TBRMINATION OP SAID DBSCRIBBD LINE, SAID POINT BBING ON THB NORTH LINB OP SAID LOT 29, SAID POINT ALSO BBING COINCIDBNT WITH THE CENTERLINB OP S.W. 10TH STRBET AS SHOWN ON THB PLAT OP -BSQUIRE SUBDIVISION", ACCORDING TO THB PLAT THBRBOP RBCORDBD IN PLAT BOOK 23, AT PAGB 43 OP THB PUBLIC RECORDS OP PALM BEACH COUNTY, PLORIDA; SAID POINT LIBS 125.00 PBET EAST OF AS MEASURBD ALONG THB SAID CENTBRLINB OP S.W. 10TH STRBBT TO THB INTBRSECTION OP S.W. 10TH AVENUB AS SHOWN ON THB PLAT OF -DBLRAY BBACH HBIGHTS- ACCORDING TO THB PLAT THBRBOP RECORDED IN PLAT BOOK 25, AT PAGB 186 OF THB PUBLIC RECORDS OF PALM BBACH COUNTY, FLORIDA. SAID LANDS SITUATE WITHIN THB CITY OF DELRAY BEACH, PALM BBACH COUNTY, PLORIDA. I CONTAINING .0516 ACRE, OR 2;48 SQUARE FEET MORB OR LESS. , . v . . BlOC'/( 3 ;: ~ , c: PI ..-. . -- ~I( " '- --.- ."i' i , J I -~!.!!!~.!_._.._._.. t ~ _,_._._._._._._._._.-1 ~t f\ , , -- ~ , .. I . / - -- ~ ~ U) - . t' -- r----.....--....----P ~ -I , :Tt'I _ " 'D ...... 0 "- -I ----.,--": '-".---"--"" r :r: I n-llT --rr / . . ()f( ~ [ITY DF DELRAY BEA[H CITY ATTORNEY'S OFFICE 20() NW Isl AVENUE' DELRAY BEACH, FLORIDA 33444 FACSIMILE 407/27H.4755 Writer's Direct Line (407) 243-7090 MEMORANDUM DATE: April 5, 1994 TO: City Commission FROM: David N. Tolces, Assistant City Attorn~ SUBJECT: Purchase and Construction Agreement with Glenn and Patricia Haqqerty - S.W. 10th Avenue Attached for your approval is a purchase and construction agreement between the City and Glenn and Patricia Haggerty for S. W. 10th Avenue right-of-way. Mr. and Mrs. Haggerty agreed to sell the right-of-way to the City for $18,000.00. Approval of the agreement and acceptance of the deeds is recommended. Please call if you have any questions. DNT:ci Attachment cc: David Harden, City Manager Sharon Morgan, City Clerk's Office fl1 . ." .' I AGREEMENT - THIS AGREEMENT made and entered into this day of - , 1994, by and between &L~"l AN)~~ ("OWNER") and the CITY OF DELRAY BEACH, a municipal corporation of the State of Florida ("CITY"). WIT N E SSE T H: WHEREAS, the OWNER is the record owner of property located at , Delray Beach, Florida; and WHEREAS, the CITY desires to purchase a portion of OWNER'S property for .the construction of S.W. 10th Avenue; and , I NOW, THEREFORE, the parties hereto agree as follows: 1. The parties agree that the OWNER shall sell and the CITY shall buy the following described property upon the terms and conditions hereinafter set forth: See Exhibit "A" attached hereto. 2. The CITY agrees to pay to the OWNER the amount of $ _\ cg OoD . 00 G~~ TIlQ()~ ~ ~)~- \ for the purchase of the above-described property. 3. Furthermore, the OWNER grants to the CITY the right to enter upon their land for a distance of ten feet (10') from the right-of-way line established for S.W. 10th Avenue in order to ensure proper construction of S.W. 10th Avenue and associated utilities. It is understood and agreed by the parties that the right granted herein shall cease upon . . . . . completion of the contract upon which such construction is performed. - 4. The deed and possession of the property described in Exhibit "A" shall be delivered on or before seven days from acceptance by the City unless otherwise agreed by both parties. Time is of the essence; however, this contract may be extended by agreement, in writing, by both CITY and OWNER. 5. This contract shall extend to and be binding upon the heirs, administrators, executors, successors and assigns of the respective parties hereto. 6. Following construction of Southwest 10th Avenue, the CITY agrees to restore the following described personal , I property to the condition which existed prior to construction of Southwest 10th Avenue: 7. This agreement contains the entire agreement between the parties, no other representations or warranties were made by either party which are not represented in this agreement. IN WITNESS WHEREOF the parties hereto have entered into this agreement the day and year first above written. WITNESS: OWNER: By: (Type or Print Name) (Type or Print Name) 2 . . . ~. .' -. , STATE OF FLORIDA COUNTY OF PALM BEACH The forego_ing instrument was acknowledged before me this day of , 1994, by . He/She is personally known to me/or has produced as identification. Signature of Notary Public - State of Florida Print, Type or Stamp Name of Notary Public BUYER: ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Thomas Lynch, Mayor , I Approved as to Form and Legal Sufficiency: City Attorney raw.agt 3 . \ EXHIBIT "A" THAT POR~lON OF TUB ~OLLOflcrHG DBSCRIBED PROPBRTY. (PER OFFICIAL RSCORDS BOOK 5415 AT PAGS 0445) BEGINNING AT 'l'US NORTHBAST CORNBR OF TilE BAST 1/2 OF THB SOUTH WKST QUARTBR OF THE NORTH EAST QUARTER OF THB SOUTH WEBT QUARTBR OF SECTION 20, TOWNGHlp 46 SOUTH, HANGS 43 BAST, RUNNING THENCB WBST ALONG THB NORTH 80UND~Y ot gAID TRACT TO THB INTBRSBCTION OP THB GBRHANTOWN ROAD, RUNNING TUbCE SOUTHERLY MONG THB GBRMANTOWN ROAD A DISTANCE OF 100 FEBT, THSNCS EAST PARALLEL TO THB NORTH BOUNDARY OP SAID TRACT '1'0 THR BAST BOUNDARY OF SAID TRACT, THENCE NORTH ALONG THS BAST BOUNDARY LIRB TO TRB POINT OF BECINNING. KnIes LIES WITHIN 30.00 FSBT waST OF TBB FOLLOWING DBSCRibBD LINRa BEGIN AT THB NORTHWBST CORNER OF -LINTON FORBST PLAT 1., ACCORDING " TO THE PLAT THBRSOP RsCORDED IN PLlT BOOK 44, AT PAGES 177 AND 178 OP THE PUBLIC RBCORDS or PALM BEACH COUNTY, FLORIDA. SAID POINT OF B~GINNING BSING A PRRHANEHT RBFBRBNCB HONUHBNT 116017 THENCB ON AN ASSUMED DIAR1HG OF HOO. 2 3' 12" E ALONG THB NORThERLY EXTENSION OF TUB WBST LINB OF SAID PLAT "LINTON POREST PLAT 1", BBING COINCIDBNT WIf" THB BAST LINE OF THB HBST ONE-HALF OF LOT 30 AND THB BAST LINE OF TH! WEST ONS.HALF OF LOT 29 OF THE SUBDIVISION or SBCTION 20, TOWNSHIP 46 SOUTH, RANGS 43 EAST, ACCORDING TO TUB PLAT THBRBOF ~CORDEO IN PLAT,BOOK 1 AT PAGB 4 OF THB PUBLIC RECORDS or PALH BEACH COUNTY, FLORIDA FOR A DISTANCB or 1331.48 FRBT TO THB POINT OF' TERMINATION OF SAID DESCRIBED LINJJ, SAID POINT BBING ON '1'HB NORTH LINB OF SAID LOT 29, SAID POINT ALSO BEING COINCIDENT HITH THE CBN'1'BRLINE OF S.w. 10TH STRBBT AS SHOWN ON THE PLAT OF "B8QUIRB SUBDIVISION", ACCORDING TO TUB PLAT THBRBOF RKCORDBD IN PLAT BOOK 23, AT PAGB 43 OF THB PUBLIC RECORDS OF PALH BBACH COUNTY, FLORIDIq SAID POINT LISS 125.00 FEET BAST OF AS HBASURBD ALONG THB SAID CENTBRLINE OF S.M. 10TH STREET '1'0 THB lNTBRSECTION or s.w. 10TH AVENue AS SUOWN ON THB PLAT OF "DELAAY BtACH HEIGHTS. ACCORDING TO THE PLAT TIlBRBOF RECOROgO IN prAT BOOK 25, AT PAGE 186 OF TUB PU~LIC RKCORD8 OF PALH BEACH COUNTY, FLORIDA. SAID LANDS S!1'UATE WITHIN THB CITY OF DELAAY BEACH, PALH BEACH COUNTY, FLORIDA. CONTAINING O.06l4 ACnBt OR 2,719 SQUARE FEET MORE OR LESS. , I ,. '. , EXHIBIT "At' THAT PORTION OF THB FOLLOHING DBSCRIBBD PROPBRTYI (PSR OFFICIAL RECORDS BOOK 5116 ~T PACE 0896) ~HE SOUTH 79.82 FBBT Of THR NORTH 247.82 FBBT or TUE BAST HALF . '(B1/2) OF TUB WEST HALP (W1/2) OF LOT '30, EAST OP GBRMANTOWN kOAD, IN SBCTIOH 20, TOWNSHIP 46 SOUTH, KANOB 43 HAST ACCORDING TO TaB PLAT THE~OF ON FILE IN THB OPFICS OF THR CLBkK OF THB CIRCUIT COURT IN AND FOR PALM BEACH COUNTl, FLORIDA, IN fLAT SOOK 1, PAGB 4. waICD LIBS WITS IN 30.00 PBRT WEST OV TUB FOLLOWING DBSCRIBBD LIBBa BEGIN AT TUB NORTHWEST CORNBR OF -LINTON rOREST PLAT lR, ACCORDING TO THB PLAT THBREOF RECORDBD IN PLAT BOOK 44, AT PAGES 177 AND 118 OF THB PUBLIC RBCORDS OP PALM BBACH COUNTY, FLORIDA. SAID POINT OF BSGINNIHG BBIHG A PBRMANENT RBFBRENCB MONUMSNT 11601, THENCH ON AN A68UM,RD BBARlNG 0'" NOO.23' 12"B ALONG THB N01\THRR.l.Y BXTENSION or THB HEST LINE OF BAlD PLAT -LINTON FORBST PLAT 1-, BBING COINCIDENT . WITH TUB BAST LINB OF THB WBST ONE-HALF OF LOT 30 AND THB BAST LINB or ~HB WEST ONB~PALF OF LOT 29 OF THB SUbDIVISION OP SECTION 20, TOWNSHIP 46 SOUTH, RANGE 43 BAST, ACCORDING TO 'rUB PUT TIIERBOF RBCORDBD XN PLAT BOOK 1 AT PAUB 4 OP THB PuaLIC RECORDS or PALM BEACH COUNTY, FLORIDA fOR A Dr8T~CB or 1331.48 FBBT TO THE POINT OF TBRMINATION OF SAID DESCRIBED LINB, SAID POINT BEING ON TUB HORTa LINB OF SAID LOT 29, SAID ~OINT ALSO BEING COINCIDBNT WITH THE CENTERLINE OF S.W. 10TH STRBET AS SHOWN ON THB PLAT OF "BSQUIRB SUBDIVISION", ACCORDING TO '1'118 PLAT THEREOF ReCORDBD IN PLAT BOO~ 23, A'r PAGB 43 or TIIB PUBLIC RECORDS OF PALM BBAca COUNTY, FLORIDA, SAID POINT LIBS 125.00 PEBT BAST or AS MEASURBD ALONG TUB SAID CINTiRLINB OP S.W. 10TH STREBT TO TAg INTBRSBCTION OF S.W. 10TH AVBNUE AS SHOWN ON THB PLAT OF -DBLRAY aEAca HIIGHTS. ACCORDING TO TaB PLAT THBRBOF RBCORDBD IN PLAT BOOK 25, AT PAGE 186 OF TUB 1 PUBLIC RECORDS OP PALM BBACH COUNTY, FLOR1DA. BAlD LANDS SITUATE WITHIN THB CITY OP DBLRAY BEACH, PALM BEACH COUNTY, FLORIDA. \ CONTAtNING 0.0550 ACRE, OR 2,396 SQUARB FEBT MORE OR LESS. . EXHIBI'l' "A" THAT PORTION OF TSB FOLLOWING DESCRIbBD PROPBRT~. (P~R OFFICIAL RECORDS BOOK 5314 AT PAGE 1928) FROM THE POINT OF INTERSECTION OF THE BAST LINE 01" G~RKANTOWN ROAD ",AND THB NORTH BOUNDAR~ LINB OP LOT 30, SBCTION 20, TOWNSHIP 46 SOUTH, RANGE 43 EAST, RUN SOUTHHEST8~LY ALONG SAID BAST LINK A DISTANCE O~ 4.15.00 FRET TO THR POINT OF BRGINNING OF THIS DBSCRIPTION, THBNCI!: FOLWWING ALONG THE SAKE COURSE IN A SOUTHWESTERLY DtRBCTlON A D1BTANCS Oll' 12.00 FEET, THENCR An BASTERLY DIRECTIO~ AT AN ANGLE OF 11 DEGRRRS, 58 MINUTBS AND 57 SSCONDS, MEASURED FROM NORTHEAST TO EAST A DISTANCE or 386.41 FBST, 'rIlSHeE IN A NORTHEl\t.Y DIRBCTION AND AT AN ANGLB OF 8~ DEGREBS, 45 MINUTES AND 33 SECONDS, MEASURED FnOM HBST TO NORTU, A DISTANCE OP 107.15 FE2T, THSNCS IN A WESTBRLY DIRBCTION AND AT AN ANGLI OF 88 DBGRBBS 00 MINUTBS AND 30 SECONDS MSASURBD FROM sou~a TO WBST A DISTANCE OF 200.30 FEET, TUBNeR IN A SOUTHWESTERLY DIRBCTION AND PARALLEL TO TIUS BAS'!' LINE OF OaRMAN'1'OH'N ROAD A~ AN ANGLB OF 114 DEGRRES AND 15 MINUTES HBASURBO FROM BAST TO SOUTUWBST A DISTANCR OF 60 FEET; THENCB IN A WESTERLY DIRBCT!ON AND AT AN ANGL! OP 245 . DEGRBBS AND 45 MINUTBS MEASURED FROM NORTHEAST TO SOUTH TO WBST A DISTANCB OF 150 FEET TO TUB POINT OF B2GINNING. LBSS THB FOLLOWING. FROM THE POINT OF INTERSECTION OF TIIB EAST LINE OF GE~TOWN ROAD AND THR NORTH BOUNDARY LINS OF LOT 30, SECTION 20, TOWNSHIP 46 SOUTH, MNGB 43 EAST, RUN SOUTlltlBSTBRLY ALONG SAID BAST LINB A DISTANCB OF 415.00 FEET TO TNB POINT OF BBGINNING OF THIS DESCRIPTION, THENCE FOLLOHINQ ALONG THB SAME COURSE 1" A SOUTHWf:STERLY DIRECTION A DIS'l'ANCE OF 12.00 FKET, TUSNes AN EASTERLY DIRECTION AT AN ANGLE OF 71 DEGRBES, 58 MINUTBS AND 57 SECONDS, MEASURBD FROM NORTHEAST TO BAST A PISTANC2 or 264.06 FBSTJ THeNCE IN A NORTHERLY DIRECTION AND AT AN ANGLE OF 8S DEGREES, 45 MINUTES AND JJ BRCONDS, HBASURED FROM WBS~ TO NORTH, A DISTANCE OF 94.46 FEET 1 THENCE IN It. WBSTBRLY DIRBCTION AND AT AN ANGl;B OF 88 OBGRBBS 00 MINUTBS AND 30 SECONDS MEASURED F~OH SOUTH TO WEST A DISTANCE OF 86.22 FSETI THENCe IN A SOUTHWR8TBRLY DIRlCTION AND PARALLEL TO THE EAST LINE OF GBRMANTOHN ROAD AT AN ANGLB OF 114 DEGREBS AND 15 MINUTBS HBASURBD FROM BAST TO SOUTHWEST A DISTANCR OF 60 FBET~ THENCE IN A WESTERLY DIRBCTION AND AT AN ANGLE OF 245 DEGREES AND 45 MINUTBS MEASURBD FROM NORTHBAST TO SOUTH TO WKST A DISTANCE OF 150 FEET TO THE POINT OF BEGINNING, BBING A PART O~ LOT 30, A SUBDIVISION OF SECTION 20, TOWNSHIP 46 SOUTH, RANGE 43 BAST AS l\ECORDBD IN PLAT BOO~ 1 AT PAGB 4, IN AND FOR THB RECORDS OF P~H BRACH COUNTY, FLORIDA. KQICH LIES K~TaIN 30.00 FBET WEST OF TBB FOLLOHING DSSCRIBBD LIHB. BEGIN AT THE NORTHWEST CORNBR OF "LINTON FOREST PLAT 1-, ACCORDING TO THg PLAT THeRBOF RECORDED IN PLAT BOOK 44, AT PAGBS 177 AND 178 OF THR PUBLIC RECORDS OF PALM B~ACH COONTY, FLORIDA. SAID POINT OF BEGINNING BEING A P!RMANBNT RBFBRENCB MONUMENT 116Ql, THRNCE ON AN ASSUKBD BEARING OF N00023'12"B ALONG THB NORTHERLY eXTRNSION or THE WBST LINE OF SAID P~T "LINTON FOR~ST PLAT 1", BEING COINC!DENT WITH TUg EAST LINE or Tag WEST ONE-HALF OP LOT 30 AND THB BAST LItlE OF THE waST ONE-HALlI' OF LOT 29 OF THB SUBDIVISION or BBCTION 20, TOWNSHIP 46 SOUTH I R.f\NG~ t3 BAST, ACCO~DING TO THB PLAT THEREOF' " ~CORDED IN PLA'l' BOOK 1 AT PAGE 4 OF THE PUBLIC RECORDS OF PALM ' .- -' -~---.- \ BEACH COUNTY, FLORIDA FO~ A OISTANCS OP 1331.48 FBBT~O THE POINT or ~BRMINATION OF BAlD DBSCRIBBD LINB, SAID POINT BBING ON THB RORTH LINS OF SAID LOT 29, SAID POINT ALSO BHING COINCIDBNT WITH THE CBNTBRLINB or S.W. 10TH STREBT AS SHOWN ON TUB PLAT OF "BSQUIRE SUBDIVISION", ACCORDING TO ~8B PLAT THBRBOF RECORDED IN PLAT BOOK 23, AT PAGE U or THB PUBLIC RBCORDS OP PALM BEACH COUNTY, FLORIDA 1 SAID POINT LIRS 125.00 FaST BAST OF AS MEASURED ALONG TIIB SAID CBN1SRLINE OP B.W. 10TH STRBBT TO THB INTBRS!CTION OF S.W. 10TH AVBNUE AS 8HOWN ON THB PLAr or "DBLRAY BEACH HEIGHTS" ACCORDING TO TUB PLAT THERBor 1l2CORPBD IN PLAT BOOK 2S, AT PAGB 186 OF THE ,PUBLIC RECORDS OF PALM BRACH COUNTY, FLORIDA. SAID LANDS SITUATB WITHIN TUB CITY OF OBLRAY BEACH, PALM BEACa COUNTY, FLORIDA. CONTAINING 0.0731 ACRE, OR J183 SQUARB FBET MORB OR LBSS. I . I '. v ~.":(JtJf;M' I.'f IlI.OCK J !;.((:11<>>1 :20. TOtll':I'" 46 ~H. Ri'H(;( '3 tlS1 ~P,lt. 1 ~. -\) 10 - --- . .. ~ : I -_ i - i '~ i f I i i i . i I i ---..--.,-. i ~ _._._._._._._._._._.~ "t f\ , , -- " , ~ . - - ~ ~ (J) - . 0 ---- ~ ~ -& . , ... WI 0 --I ::I: D-mr- '. 01< tJJ1 11111 1111 unnl; I \) urr."1; FACSJMJU 4011278.47'5 .... - --... - -~~-- - -~..- (407) 243-7090 MEKOftAMt)t)M Date: April 8, 1994 To: City Conunission From: David N. Tolces, Assistant City Attorne~ . Subject: Easement for School Site "S" ~roD.rty The City Conunission is requestea to grant to the Palm Beach County School Board a 40 foot easement along the east side of the City's property which was acquired from the Blood family, The qranting of this easement was necessary at this time in order to clo.. on the property April 8, 1994. The Easement Deed is being held in escrow by Carol Stanley. Within the next 60 days, the City will provide the SchOOl Board with a substi- tute Easement Deed which will indicate the proper location tor the SchOOl Board's access to their property. Pursuant to City Code, the City Commission is required to grant this easement. Please call if you have any questions. ONT: s h ec: ~v1c:l Harden, Ci,ty Mana9.t'~ c;,O. . . - ---.raft' DInID ax. 1"~, ..... &ad eaten.! .Lato tbi. .~ day of ~11, UU, br aDd betw.o 'ID C:l'fJ OF DmOIlAt IIMCII, I'tRIUDA, wbo.. add.ce.. 1, 100 .. a. "Ult A"iIu., Delzar .....11, Flod., c1~Ulto&-, aad ,a ~ 8c:II&D ~ ,.ALH MACa c:0Vft'f, l'LOUDA, vii... ........ U 3320 ron.t 1IJ.1l JIOUl..ud, ...t tala Maall, I'lod" JUO...SlU, .UII'''' 1rIaIIWU, tJal O~aDtoJ:' 11 ..1..4 la f.. .u.p10 aDd La po.....loo of land. 1a ...UOQ 31, ftWQIJa.lp 4' IJOGtb, RaDte t2 .an, aDd tbat putJ.CN1~ ~1OQ of lt1 ......1Md belav, aDd 1IImKUII, _aDt.. 1. ..1.ed 1n f.. ._1. of a pua.1 of laDeS aoatl9Uoul to the luacl af CI~aato&", uti Mote, 'l'al. DlD8nVU ..lft1..na. "l'l'1m'A'tII. '!ba' ,... ,..-t"'- a~ t.b. Clout P-', ~. UI4 b voIIII1....Uoa oC tile ... 0' ".n (UO.OO) geUu. aM.cuc tood ud ~u>>1. ...l4ecaU.' Co I 1_ 111 .... pal. .., ,... .aid ~y of tbl ...0Dd put, tbe ....1,. of vldola 11 henbJ ..awl......., ... ".ear ,.&DC, butaiA, ..U .... ..,.... QUI ~ ~1 0' U. leooad pvt, 1'. .......... ..... ...i,..., u ..._a' I. '" pupoM ot aoa..., MP", tal'OU911 aDd apon, ~, aDd8J:' OJ:' w1tlaia ~ foUov1D9 cs.IOJ:'1bed p~ looa.- la rlWi ..... c:awaty, Fladd&, 1;O-w1.. 'rbae pan of 'eotioa 25, S'OWIIIIIIJ.p .. .outll, ..... 43 aut, "ala leaall CGaIItJ. I'loda, ..uibecl .. follow1ll,. cc..noo ac tb. ~.t ...... 0' ~ pl.~ ot ..... Cbae., acroo~cU.~ to ,be pla' __nel ._~ lQ Flat; ...15 ~., ra,.. 1 ..... I, af tti. ...ua ~ af ,.-.1.8 .attaR 00VA1' rleJd,4a, tile.. '.1-01'''-'., .loal toM -.. UH oC ..14 pl.' 0 roM c:ba.., aU.1. CHe, tlaena. ..... 2'21'".. a dinuae of aoo.oo t..e to ~ l:1&C of bet1DD1n" to tile ,aiel ,olae o~ "1111D1DI' u.aa. '.1-01' ,.. a. . dl'taaa. .f 431.00 teet, tbeDa. 8. .-S2' 7... . d18CaDae of co.oo tHe, tbonae ..01.01'33-... . diet... af 107.7' b.~, tile... .."-'3'a1'".., a ............ a' 40. 00 ,..~, tJMnca ..01-01'OJ'".. . d18eaaa. 0' 272.'71 t..e to ,be hut oC Ie,t-tnt. TO .". AIID " IIOIoD tbe aac:a.. ..'_Q~ h....bJ '~IUItec1 IIQto ."''", It. MJ.a:. ..... ..dIU. n to. ~.~eCJII t.bat 1;bIt ...-11' J.- ,be. a1M"' ~ ....... ........."aadl.. ..... taaatIlci... 'ba" 1t. -, '- ..... '" _...tooIr , 1". blIia'. , .....to~. , "J..tIU.to~. aDd ...l,al 1& GGD~aat1OQ vitia tbe al. of GJ:'UIt... 111 U~ ......., _"'WE II.. ,._ itl b.... aDd ,.al aa u.. der aDd re. tin, ...... _1_-"'. .1~, ,.a1ecI aDd de1i..n4 18 U. pnHM' ot. ~~~~..~, e.~~ M~~ 'it ~ .1..... bW ... I!!.L 1'&....... N"I' Nt!u.I!. bAn ,. I'WnM COGr.n 01' .AUI au.cm 1 ....y cann "'-, 011 tJaJ.. de,. beC._ _, taD offioe~ dalJ' qualif1ed to t... aaJalovleq.au, ,......11J' ....v.. i,',' :".\...1 ~.!I""". Lr.'. . '. .., C:t'l~I'~IJ::I;,'J r.'....'..~. ,'" ~r.\..A. ... IIufIIU _104f'..r i ~ ~ 1::1. ...- . ok !J71 "III HI. unnl: I ., urr."1; FACSIMILE 4011278.4755 -- -- --- - .-.........-..-- - -...............- (407) 243-7090 ME~ORANOUM Date: April 8, 1994 To: City Commission From: David N. Tolces, Assistant City Attorne~ Subject: Easement for School Site "S" Property The City Commission is requested to grant to the Palm Beach County School Board a 40 foot easement along the east side of the City's property which was acquired from the Blood family. The granting of this easement was necessary at this time in order to close on the property April 8, 1994. The Easement D6ed is being held in escrow by Carol Stanley. Within the next 60 days, the City will provide the School Board with a substi- tute Easement Deed which will indicate the proper location for the School Board's access to their property. Pursuant to City code, the City Commission 15 required to grant this easement. Please call if you have any questions. DNT: eh cc: DavId Harden, Ci ty Man4ger~' fl.Q. . - - - .--- DBBD tIlX. IIfOP'lUU, __ aDd enten.! 111= th1.. ItJa day of Apd.l, uu, bf mill betweD 'IQI ClIft 01' Dm:.aAT aaa, n.oauDA, wbo.. &dd&'e.. 1e 100 .. &. ..Lr.t A..aue, De1&'aJ .eaab, rlol'14&, QJ;'Ultcn:, UlI 'tdl: .cJIOOI. ao.uD ~ rAZ.K UAeI QW1I'n', J'LOUDA, vile.. .dIk... 1. U20 .....t. lIill iIO\ll..,ar<t, ...t 'ala ...ub, rl01'1" J3.0'~"lJ, .CeA~'" ......., tJal Glt'aDtoE' .... ...1..4 lD fM .!apl1 aDd 1D po.....iOD or land. io ...UoA 3', ~b.lp 41 "IItb, MDpi 42 .an, u.! tbat puUaulU' port.1oo of it. ".a..u..d belaw, aD.! tIIDDUIAII, aut.. 1. ..hed in fll ._11 of a puG.1 of laad ooot1pOlll to u.. 2.ua4 gC OJ:aDt.uJ:, eaKI MOM, "SI8 DlDD'I'UIUI "I'ftCa..nB. ..1'l'1l1I....,8. 'raa.~ ,... panUI of tIl. n~.t p~, tw ..... 111 goaal....Uoo of: taw .. of 'r.n (UO.OO) "11u. aDd othec food peS nltadl. o.".J.4ecat...l.Oil. t.o I 1. 111 b..... pdel ." ,be .dd JW:tJ' of the ..0Dd put, 'be eM.1pt of wbioh b henD]' MMwle",,", ... b..ebr fitaat, bUfUD, ..U .... "lea.. Wl~ the p~y ot eta. ..0Dd put, 1'. l..,e"OCI _ ...i,DI, u ..._a' fm: the pucpo,. of &00"', AOI'O", tJU:OUtll and apon, OYeZ', andll' OZ' wltb10 ~. to1lovlDI delo:lbed p:OPln,- 1oo.~ 1. r.t. ..ah c;cawltJ, noddA., tA-.1'. "bat pu't of ..otln 25, TOnl1l1p ., '01I'tb, Rut. .:1 ...t, r.J.. ..aoll cowatl', rlodcSa, de.ad-bed .. followiD,. c~nClI .~ 'the ..~.c OK." 0' \be ,1.~ of hMI i;ba.e, aoool'd1D9 to ~M p1.-' ~nol ..."",,e. t,Q .,l.t -.o~ n, r.,.. 1 aad 2, af tile PulJ1Lu a.cgcd. gf r*1a ..&vb CoWJ?, rlvl:lda, ~1HI11Q. ..1.01'''..., aloal \be ...c 11a. of .at.. plat 0 rOM a...e, 212." ~..t.J tb.no. ..... 2.27.... . di.taDO. of 200.00 b.t to u.r:1Ilt of bel1nnlnl' to ,be .&14 paLae ot beZlna1al' ~DO. '.1.01' 'M .. . dilt.aaoe et ~31.00 e..t, theMe S. '.12' 1.... . cU.etaDae of .0.00 f..t' tb.no. ..01.01'33-... . 41.eaDOe 01 101.7' t.I~' ~aa. ..".Sa'37..., . ~..aD.. of 40.00 ,..t, thena. ..01.01'03... . dt.t~. o~ 272.7' f..t to tbe PolDt ot ae,1AD1Df. 'to IlAYB Mill TO aoroD ~bw acc:... ......Q~ hWJ;'wbf 9&''''teci u.qta ql:utee. it. hila:. ....s ...19M. I' b uad...tClQd t.bat the w.._a' 1. ,J.TaQ apc:lD t.be eapp.. u.adea'1..a4b, ... ooaditio. ~bac J.c -1' ... .ad .., _1Ulw.. , h. pu., "'OQ~.. , ~n1.tZ'.to:. aDd ...19DI 1a oon,uotlon w1tb tbe UI. of Gl'aDt... I. tn:u... ......or, Gl:aa'ac ba. .e' .I.,. baacl aDd ..al OD t.be daJ &ad JeU' 'b... Una wl~'e.. . - - .1~, ..alecI and d.ll.,.~.d 10 the P:.'.DG. of. ~A~~~ . . 1:... ft 1:... Ii' -.....&..;1.0& (!,~ MA.1~l! ~ --- .~..... hillt r_ ~L..M"'IIrt...""''''''''l'fuu,I!. hAft or ~DA COaMft or rA%.ll HAC. z .._.~ GSa'zl'r tbat oa Ua.l.I daf bafon .., an off1o.: dull qu.1U1ed to cake eolulowlec!peat., ,.......11J' .,pe..... ~..,'t~41 \'!lltl..,. LI'", .., ~., C'(;~I':IIN:o'J r~'''''''.'t:o~: rr ~1:'~A. ..... t111v.."'toar i uiiuC w.... 'J, 1::1, ..."...- . . . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS PROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM i gp - MEETING OF APRIL 12. 1994 AWARD OF BIDS AND CONTRACTS DATE: APRIL 8, 1994 This is before the Commission to approve the award of the following bids and contracts: 1. Bid .hward - .hnnual contract for Liquid Chlorine} Co.lcium and Sodium Hypochlorite - to Jones Chemicals I Inc. in the amount of $110,025, with funding from the Water Treatment Plant - Chemicals (Account No. 441-5122-536-52.21). 2. Contract Award to Intercontinental Construction Corporation for housing rehabilitation of 918 S.W. 3 rd Court in the amount of $19,955 from Community Development Housing Rehabilitation (Account No. 118-1963-554-49.19). 3. Contract Award to Intercontinental Construction Corporation for Rental Rehabilitation of 238 S.E. 4th Avenue in the amount of $22,125. Investor's share of $14,625 from Community Development Rental Rehabilitation (Account No. 118-1975-554-34.65) - Rental Rehabilitation share of $7,500 from (Account No. 118-1975-554- 49.19) . . " Agenda I tern No. : ~?I. AGENDA REQUEST Date: March 30, 1994 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: April 12, 1994 Description of agenda item (who, what, where, how much): Bid award Co-op Bid #Q4-045 Annual contract for Liquid Chlorine. Calcium & Sodium Hypochlorite ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Award to Jones Chemicals at estimated annual cost of $110.025.00 ;1 76 / ,~ ~ ~~,A76~ ~hO/9L/ Department Head Signature: . Determination of Consistency with Comprehensive Plan: ; ..... J ... City Attorney Review/ Recommendation (if applicable): .- Budget Director Review (required on all items involving expenditure of funds): Funding available: G.;) NO Funding alternatives: (if a~liCable) \ Account No. & Description: 1!t1-.EQ..:Z.~ .~Z-2 , 1I\lTP- HEMfCALS Account Balance: S2.j 1~,(c6 City Manager Review: Approved for agenda: @f NO fY1 Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved '. . : M E M 0 RAN DUM TO: David T. Harden, City Manager THROUGH: Robert A. Barcinski. Assistant City Manager~ THROUGH: Ted Glas, Purchasing Officer )~~ FROM: Jacklyn Rooney, Buyer 'i DATE: March 30, 1994 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - APRIL 12, 1994 - BID AWARD - CO-OP BID #94-045 LIQUID CHLORINE. CALCIUM & SODIUM HYPOCHLORITE Item Before Commission: The City Commission 1.S requested to award the annual contract for liquid chlorine, calcium & sodium hypochlorite to Jones Chemicals, Inc. at an estimated annual cost of $110,025. Background: The City of Boca Raton Purchasing Division is the lead organization for this bid. Five (5) firms submitted bids on March 11, 1994, based on estimated an nu a 1 quantities of the participating governmental entities. (Documentation on file in the Purchasing Office.) A tabulation of bids is attached for your review. The Palm Beach County Co-op recommends award to Jones Chemicals, I nc. , per attached memo. The Deputy Director of Public Utilities has reviewed the bids, and recommends award per attached memo. Recommendation: Staff recommends award to Jones Chemicals, I nc. . at an estimated annual cost of $110,025. Funding from the department's operating expense budget. Attachments: Tabulation of Bids Memo from City of Boca Raton Memo from Deputy Director of Public Utilities cc: Dick Hasko Don Haley Y-PI . I a ~ 0 8. 0 0 0 ~ i ill' .. 's ~ d1~ ~ le 5 0 ~ .. Ql ~ .f!! ~ ;;:)Q. 8. ~ ~ a ~ ~ 0 iIt ~ t\l a .3 ~ ;B~ .... .. C/) 8. ~ 3i eel ,1:: ~ .., ~ i ... ~ (]) c 'C ~ a.. ::::>a.. 8 8 8 8. 0 0 lei ~ .. ~ !::: :rl~ "" ... !ll. ~ ... co ;n ci 2 .... G) 'C ] 'E ,~ .Q ::::>a.. .c a ~ a ~ 0 (,) II) &. ~ ~ 0 13 .. ~ N ;>. .... In ... 10 C'i 01 CD Ol (II J: ~ ~~ 8 t'I .... ... .- E ... ~ .- - .... ,2 ~ ... .... "0 8 a 0 It) 0 u O! ~ (fJ ~ ~ 8 oi "" 0 0 01 .., ... ... ~ ~ c' '" .. ::::>a.. .. E 0 ~ 8 0 g ::> '"': co '0 0 ~ ~ 8 ~ a.. 0" ::J N ~ 0 ~ \8 C) 0.. cg 8 5' t'I 0 .., I 0 ~ a u It) C ~ g 2 It) ~ ~ .- .... ,g I~ I ,~ ! ' ::: v (5 'C I I~ 0) ..2 ci '1: .s::. (,) (,) 5 E Z 32 :s2 ...J 'u :J ~ 'U ~ i~ 3 S co I..J a ~ ,- ... ... ... - :;'vl/7Clri C10Q t1 rOc..-}n("""'t-C"'__,nt-.-nt-1 '_'\.~ I ~ Ir-l t l ". t I J.-..,.....,.., 1/-, I I ,~. .,..,. 1 .-... .. ,-" , '. '-~ ..... ....--....:.......~_......._..:.....,.....~....... TO:DELRRY BERCH ... MAR-16-'94 WED 18:05 ID:CITY OF BOCA RATW FAX NO:407-393L7983 1:1724 P01/01 .. ,_.__._ AL PURCHASING FAX #407-393-7983 Page #1 or 1 pages DATE: March 16, 1994 TO: PURCHASING DIVISION, CO-OP REPRESENTATIVE FROM: Lynn Kunkel, CPPB, City of Boca Raton Purchasing Division SUBJECT: RECOMMENDA nON FOR CHLORINE, CO-OP BID 94-039 ALL ENTITIES P ARTICIP A TlNG IN TIIE CO-OP BID FOR CHLORINE RECOMMENDED THE AWARD TO JONES ON AN ALL OR NONE BASIS. If you have any questions, please call me at 407-393-7869 '. .. MEMORANDUM To: Jackie Rooney Buyer _ ,~ Thru: Richard Hasko ~ Deputy Director of Public Utilities From: Don Haley Supt./Water Treatment Plant . SUBJECT: CL2 CO-OP BID #94-045 Date: March 15, 1994 After review of the tabulation sheet on liquid CL2 and CA/NA Hypochlorite, the Water Treatment Plant recommends the awarding of Bid #94-045 to Jones Chemical on an all or none basis with the estimated quantities requested. I have also checked on the ANSI/NST Standard 60 Certification of Drinking Water additives. Jones Chemical is not certified at this time, but has applied for certification thru Underwriters Laboratories, Inc., which is acceptable with the State Department of Environmental Protection. ~ C;J ~ v...- -'11 ~ Don aley 1 Superintendent DH/dk Att: 6 File: a:cl2bid ., , . ... "- City of Delray Beach Requirements Unit Description: .9!l:.. Price * Total Price Chlorine - one ton cylinders 225 each x 399.00 = 89.775.00 Calcium Hypochlorite - lb. - 5000 lbs. x .90 = 4.500.00 Sodium Hypochlorite - gal. - 35.000 gals. x .45 = 15.750.00 TOTAL * $110.025.00 * Jones Chemical prices '. . Agenda Item No. : gp/lv AGENDA REQUEST Request to be placed on: Date: MARCH 25, 1994 Regular Agenda Special Agenda Workshop Agenda xxx Consent Agenda When: APRIL 12, 1994 Description of item (who, what, where, how much): CASE' ADDRESS GRANT AMOUBT 92-028HR 918 S. W. 3RD COURT $19,955.00 (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: A,~~ ~ City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: ~NO Funding alternatives: . (if a~p~Cable) Account No. & Descr ~stion: 1Jt=7qh~- 664. L{q -19 tw - LLSIIJ6t REf+A!3 Account Balance: (Ok /I(b.~u City Manager Review: Approved for agenda:~/NO rJr1 Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved . . MEMORANDUM TO: David T. Harden, City Manager THROUGH: Robert A. Barcinski, Assistant City Manager~ FROM: Ted Glas, Purchasing Officer V'r DATE: March 31, 1994 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - APRIL 12, 1994 -- BID AWARD -- BID #94-34 HOUSING REHABILITATION PROGRAM ACTION The City Commission is requested to award a contract to the low bidder I Intercontinental Construction Corp. I at a cost of $19,955. BACKGROUND The Community Development Division handles and processes their formal bids on housing rehabilitation projects, with funding from their housing rehabilitation budget. Property Contractor Amount 918 SW 3rd Court INTERCONTINENTAL CONST. CORP. $19,955. The community Development Coordinator and the Director of Community Improvement have reviewed the bids I and recommend award to the above stated low bid contractor. RECOMMENDATION The Purchasing Officer concurs with the recommendation to award to the low bidder I Intercontinental Construction Corp. Attachments: Memorandum from Community Development Bid Information Sheets c: Lula Butler $'.p~. . . M E MaR AND U M TO: DAVID HARDEN, CITY MANAGER FROM: DOROTHY ELLINGTON, COMMUNITY DEVELOPMENT COORDINATOR THRU: LULA BUTLER, DIRECTOR COMMUNITY IMPROVEMENT ~ DATE: MARCH 28, 1994 SUBJECT: COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM ACTIVITIES HOUSING REHABILITATION GRANT AWARDS ITEM BEFORE THE COMMISSION This is to request approval for one Housing Rehabilitation Grant Award. 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 for your reference. RECOMMENDATION Staff recommends Housing Rehab Grants be awarded for the following: Case# Address Grant Amount 92-028HR 918 Southwest 3rd Court $19,955.00 HR2 . . CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISIO~ BID INFORMATION SHEET BID #: 94--lllIR APPLICANT: Eunice Smith APPLICATION i: 92-028HR PROJECT ADDRESS: 918 Southwest 3rd Court DATE OF BID LETTERS: February 22, 1994 DATE OF BID OPENING: March 7, 1994 NAME OF CONTRACTORS AMOUNT OF BID ABISSET CORPORATION $ ALPHA ULTRA INC. $ B & JR CONSTRUCTION $ ARTHUR BADALOO $ CHARLES JACKSON $ CSB CONSTRUCTION $ 29,930.00 INTERCONTINENTAL CONSTRUCTION CORP $19,955.00 HENRY HAYWOOD $ 16,790.00 INCOMPLETE BID HUMMERT CONSTRUCTION $ MJD CONSTRUCTION SERVICES $ CARLO MERCURIO $ 21.793.00 INCOMPLETE BID PRESTON CONSTRUCTION $ RAY GRAEVE CONSTRUCTION INC. $ SOUTH FLORIDA CONSTRUCTION $ IN - HOUSE ESTIMATE: $ 20.400.00 CONTRACTOR AWARDED CONTRACT: INTERCONTINENTAL CONSTRUCTION CORP. BID/CONTRACT AMOUNT: $ 19,955.00 COMMENTS: LOW BIDDER BIDFORM/PGl . Agenda I tem No. : F-pi AGENDA REQUEST (Y)~ Z~;. / 991 Request to be placed on: Da te: n<Y.-EIIBER 1 7 , 1991 Regular Agenda Special Agenda A~ ~Z, 19'1la Workshop Agenda xxx Consent Agenda When: BnVF.MBiR ~J, 19 Description of item (who, what, where, how much): CASE' ADDRESS RR ANT. INVESTOR · S ANT 93-007RR 238 SOUTHEAST 4TH AVE. $ 7,500.00 $14,625.00 (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 RENTAL REHABILITATION PROGRAM GRANT AWARD AND CONTRACT AWARD FROM ACCT. #118-1975-554-34.65 INVESTOR'S SHARE AND ACCOUNT #118-1975-554-49 .19 RENTAL REHABILITATION SHARE 7'N{I-,,~. IZS ~ (Example: Recommend approval with funding from Special Events Account No. 001-3333-555-44.55); , /~ Department Head Signature: "lA,Jw.... - t/ ( City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding avai~ ~/NO Funding alternatives: (if applicable) Account No. & Descri}l;;tion: l1'6-~17S~flZ!7j eeJilf1tL- f2EHAt5 Account Balance: :ztJ,....... ~ Ar,O!'" If /...r 1.c.l./ City Manager Review: Approved for agenda: ~/NO ~ Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved . . M E M 0 RAN DUM TO: David T. Harden, city Manager THROUGH: Robert A. Barcinski, Assistant city Manager ~ FROM: Ted Glas, Purchasing Officer 1//? DATE: March 31, 1994 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - APRIL 12, 1994 -- BID AWARD -- BID #94-35 RENTAL REHABILITATION PROGRAM ACTION The City Commission is requested to award a contract to the low bidder, Intercontinental Construction Corp. I at a cost of $22/125. BACKGROUND The Community Development Division handles and processes their formal bids on rental rehabilitation projects, with funding from their rental rehabilitation budget. Property Contractor Amount 238 SE 4th Avenue INTERCONTINENTAL CONST. CORP. $22/125. (The City's Share - $7,500.) The Community Development Coordinator and the Director of Community Improvement have reviewed the bids, and recommend award to the above stated low bid contractor. RECOMMENDATION The Purchasing Officer concurs with the recommendation to award to the low bidder I Intercontinental Construction Corp. Attachments: Memorandum from Community Development Bid Information Sheets c: Lula Butler 8.P3. '. . M E M 0 RAN DUM TO: DAVID HARDEN, CITY MANAGER FROM: DOROTHY ELLINGTON, COMMUNITY DEVELOPMENT COORDINATOR P THRU: LULA BUTLER, DIRECTOR COMMUNITY IMPROVEMENT LV DATE: MARCH 28, 1994 SUBJECT: RENTAL REHABILITATION PROGRAM/CONTRACT AWARD ITEM BEFORE THE COMMISSION This is to request approval of one Rental Rehabilitation Deferred Loan. This request is in accordance with the City's Community Development Division's approved Policies and Procedures. BACKGROUND The program provides for the rehabilitation of investor owned substandard units, located within the CDBG Target Area. Contract awards are based on actual cost of the rehabilitation to an eligible structure. Owners are eligible for a dollar for dollar match of Rental Rehabilitation Funds for total cost, not to exceed $8,500 per unit. Community Development staff provides the detailed work write-ups, cost estimates for work specifications, and bid process for all eligible structures. Investors are required to escrow their share of the cost with the City prior to the issuance of the Notice to Proceed. Inspection of work will be done by the Community Improvement Department's Building and Community Development Divisions. Contracts will be 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 requests require both contractor's and owner's signatures. Funds are disbursed on the basis of a dollar for dollar match of the owners share with the Rental Rehabilitation Funds. The owners and properties have met the eligibility requirements as specified in the Rental Rehabilitation Program description. Detailed work write-ups and individual files are available for review at the Community Development Office. ! RR14/PG1 . . . . RECOMMENDATION Staff recommends the awarding of a Rental Rehabilitation Loan for the following: CONTRACTOR PROPERTY RR DEFERRED INVESTOR ADDRESS LOAN SHARE INTERCONTINENTAL 238 S.E. 4TH AVE. $ 7,500.00 $14,625.00 RR14/PG2 . . , . CITY OF DELRAY BEACH RENTAL REHABILITATION PROGRAM L- BID INFORMATION SHEET BID #: 94- 35RR APPLICANT: Frederick Hoffman APPLICATION #: 93-007RR PROJECT ADDRESS: 238 Southeast 4th Avenue DATE OF BID LETTERS: February 22, 1994 DATE OF BID OPENING: March 7, 1994 NAME OF CONTRACTORS AMOUNT OF BID ABISSET CORPORATION $ ALPHA ULTRA INC. $ B & JR CONSTRUCTION $ ARTHUR BADALOO. $ CHARLES JACKSON $ CSB CONSTRUCTION $ No Bid INTERCONTINENTAL CONSTRUCTION CORP $ 22,125.00 HENRY HAYWOOD $ HUMMERT CONSTRUCTION $ MJD CONSTRUCTION SERVICES $ CARLO MERCURIO $ 32,120.00 INCOMPLETE BID PRESTON CONSTRUCTION $ RAY GRAEVE CONSTRUCTION INC. $ SOUTH FLORIDA CONSTRUCTION $ / IN - HOUSE ESTIMATE: $ 30.181.00 CONTRACTOR AWARDED CONTRACT: INTERCONTINENTAL CONSTRUCTION CORP. BID/CONTRACT AMOUNT: $ 22,125.00 COMMENTS: LOW BID BIDFORM/PG4 . . . MEMORANDUM ._-~._-----_..._. .--.--"-- ----.--",. -- .. TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM # 9A - MEE;TING OF AP_RIL 12.L 1994 REPORT OF APPEALABLE.~bND U~:El'TE;~S DATE: APRIL 8, 1994 This item is before the Commission for acceptance of the report of decisions made by the various development related boards during the period March 21, 1994 through Apri 1 8, 1994. The following actions were considered during this reporting period, Site Plan Review and Appearance Board Meetinq of March 23, 1994: 1. Approved (6-0) eleva.tion and COlOl: changes for Fire Station #3, located on the nort.h side of Linton Boulevard, west of SW 4th Avenue. 2. Approved (6-0) an elevation change for Fire Station #4, located on the northeast cornel~ of Barwick Road and Lake Ida Road. . . ot. ~ C I T Y COM MIS S ION DOC U MEN TAT ION TO: THRU: FROM: INS, ASSISTANT PLANNER SUBJECT: MEETING OF APRIL 12, 1994 REPORT OF APPEALABLE LAND USE ITEMS MARCH 21, 1994 THRU APRIL 8, 1994 ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is review of appealable actions which were made by various Boards during the period of March 21, 1994, through April 8, 1994. 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 April 12, 1994 Page 2 PLANNING AND ZONING BOARD REGULAR MEETING OF MARCH 21, 1994: The Planning and Zoning Board did not consider any appealable items at its meeting of March 21. The Board did, however, consider the following items which will be forwarded to the City Commission for final action: * Recommended (5 to 0) approval of a right-of-way abandonment of Ilene Court, located in Delray Estates, west side of S. Congress Avenue, north of Linton Boulevard. * Tabled (6 to 0) consideration of a City-initiated Rezoning from MIC (Mixed Industrial and Commercial) to LI (Light Industrial), for 10 parcels located on the east and west sides of Congress Avenue, south of Atlantic Avenue. * Recommended (6 to 0) approval of Annexation, Future Land Use Plan Modification from C-8 (Palm Beach County) to General Commercial (City), and Initial zoning of GC (General Commercial) for the Boy's Market, located on the east side of Military Trail, north of Atlantic Avenue. PLANNING AND ZONING BOARD REGULAR MEETING OF MARCH 28, 1994: The Planning and Zoning Board did not consider any appealable items at its special meeting of March 28. The Board did, however, consider the following item which will be forwarded to the City Commission for final action: * Recommended (6 to 0) approval of a Conditional Use request for the establishment of an elementary school at School Site "S," located south of Linton Boulevard and east of Military Trail. SITE PLAN REVIEW AND APPEARANCE BOARD MEETING OF MARCH 23, 1994 A. Approved (6 to 0) elevation and color changes for Fire Station j 3, located on the north side of Linton Boulevard, west of SW 4th Avenue. B. Approved (6 to 0) an elevation change for Fire Station j 4, located on the northeast corner of Barwick Road and Lake Ida Road. . . . City Commission Documentation Appealable Items - Meeting of February 8, 1994 Page 3 HISTORIC PRESERVATION BOARD MEETING OF APRIL 6, 1994 The Historic Preservation Board Meeting scheduled for April 6th was canceled. RECOMMENDED ACTION: By motion, receive and file this report. Attachment: Location Map . . LOCATION MAP FOR CITY COMMISSION MEETING OF APRIL 12, 1994 L-3Q CANAL ----.--.--.--.------. Q ... !i i ~ ... :J ~ 51 ... ~ Iii g,..-_. tE iii ~ u c I ... I III LAKE IDA ROAD i I i , i III Lr--' L_._._.J'-'-" NW 2 ST n I I , '---- r--1 i i SW2ST rr' I ATLANTIC L._ i ... i > r---l c c .. ot I Q , D: ~ i c ... a ~ :;) i ... Z :J ... i 0 > lD c ~SON BOULEVARD Q i 0 III 0 III ~ ... D: :I ~ ~ z 0 U 0 ~ u z i ~ i c i ,. i ~ .r i i u ~ l" i I ... ..J . B ... ~ r---/"-'--'-..J Q ~ C . c 5 ! u 10\ i ! I I ... i i ---.----.---.-------.---.-.-.-.-. . l-311 CANAL CITY L1MfT"S ----.. S.P .RAS. . . t MILE I A, - FIRE STATION ~3 I B. - FIRE STATION 4 SCALE N - CITY OF OELAAY BEX:H, Fl PLANNING OEPARTlIENT -- DIG"AL BASE MAP SYSTEM -- . . - , MEMORANDUM _._~--~--_._---- TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM # 9A - MEETING OF APRIr,,~12, 1994 REPORT OF APPEALABLE LANP_JJ_SE uLT:E;MS DATE: APRIL 8, 1994 This item is before the Commission for acceptance of the report of decisions made by the various development related boards during the period March 21, 1994 through April 8, 1994, The following actions were considered during this reporting period. Site Plan Review and Appearance Board Meeting of March 23, 1994: 1. Approved (6-0) elevation and color changes for Fire Station #3, located on the north side of Linton Boulevard, west of SW 4th Avenue. 2. Approved (6-0) an elevation change for Fire Station #4, located on the northeast corner of Barwick Road and Lake Ida Road. .. . - - O"k ~ C I T Y COM MIS S ION DOC U MEN TAT ION TO: THRU: FROM: INS, ASSISTANT PLANNER SUBJECT: MEETING OF APRIL 12, 1994 REPORT OF APPEALABLE LAND USE ITEMS MARCH 21, 1994 THRU APRIL 8, 1994 ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is review of appealable actions which were made by various Boards during the period of March 21, 1994, through April 8, 1994. 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 April 12, 1994 Page 2 PLANNING AND ZONING BOARD REGULAR MEETING OF MARCH 21, 1994: The Planning and Zoning Board did not consider any appealable items at its meeting of March 21- The Board did, however, consider the following items which will be forwarded to the City Commission for final action: * Recommended (5 to 0) approval of a right-of-way abandonment of Ilene Court, located in Delray Estates, west side of s. Congress Avenue, north of Linton Boulevard. * Tabled (6 to 0) consideration of a City-initiated Rezoning from MIC (Mixed Industrial and Commercial) to LI (Light Industrial), for 10 parcels located on the east and west sides of Congress Avenue, south of Atlantic Avenue. * Recommended (6 to 0) approval of Annexation, Future Land Use Plan Modification from C-8 (Palm Beach County) to General Commercial (City) , and Initial Zoning of GC (General Commercial) for the Boy's Market, located on the east side of Military Trail, north of Atlantic Avenue. PLANNING AND ZONING BOARD REGULAR MEETING OF MARCH 28 , 1994: The Planning and Zoning Board did not consider any appealable items at its special meeting of March 28. The Board did, however, consider the following item which will be forwarded to the City Commission for final action: * Recommended (6 to 0) approval of a Conditional Use request for the establishment of an elementary school at School Site "5," located south of Linton Boulevard and east of Military Trail. SITE PLAK REVIEW AND APPEARANCE BOARD MEETING OF MARCH 23, 1994 A. Approved (6 to 0) elevation and color changes for Fire Station . 3, located on the north side of Linton Boulevard, west of SW 4th Avenue. B. Approved (6 to 0) an elevation change for Fire Station . 4, located on the northeast corner of Barwick Road and Lake Ida Road. . ~ ~ City Commission Documentation Appealable Items - Meeting of February 8, 1994 Page 3 HISTORIC PRESERVATION BOARD MEETING OF APRIL 6, 1994 The Historic Preservation Board Meeting scheduled for April 6th was canceled. RECOMMENDED ACTION: By motion, receive and file this report. Attachment: Location Map . ~ - LOCATION MAP FOR CIlY COMMISSION MEETING OF APRIL 12. 1994 L-30 CANAL .-.-________._..T,.... a ... ~ i ; ~ i ! Iii Iii: = i ~ III w III G. LAKl IDA ROAD i , L- "W2ST L-_..r- SW2ST ~ ATLANTIC AV[NUr w ~ . I ... a ; ;:) z i ~ ~ LDWSOM IOULrlIARD I ~ I w i l'5 z 0 u a ~ u ~ C ,.. t L-u :lr I i rK ~ 5 ... 2 I w - . L-JI CAHAL CITY LIMrrs M' -... S.P .RAS. : I MILE I A. - FlRE STATION ~3 I B, - FIRE STATION 4 SCALE N - CITY Of' DELRAY BUOt. Fl PlNtNINC OEPNmIENT -- DIGITAL IIASE loW' $'/S1EM -- . - MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER 8fV{ SUBJECT: AGENDA ITEM # 1/3 - MEETING OF APRIL 12, 1994 TRANSFER INTEREST EARNINGS/1991 WATER AND SEWER REVENUE BOND DATE: APRIL 8, 1994 This is before the Commission to approve a budget transfer of interest earnings from the 1991 Water and Sewer"Revenue Bond Fund to Enclave Water and Sewer Phase II, for water and sewer improvements at Gulfstream Estates and Lake Heights enclaves project. Recommend authorizing the Finance Director to transfer the interest earnings in the amount of $35/000 from the Interest Earnings (Account No. 447-0000-361-10.00 to Enclave Water and Sewer Phase II (Account No. 447-5175-536-60.31). ~~ $-0 .-- : . - . - ~ trfJ MEMORANDUM TO: David T. Harden, City Manager FROM: William H. Greenwood, Environmental Services Director ~~ SUBJECT: AUTHORIZATION TO TRANSFER INTEREST EARNINGS-1991 WATER AND SEWER REVENUE BOND DATE: April 7, 1994 I am requesting that the above subject item be placed on the Regular Meeting Agenda of April 12, 1994, for consideration by the City Commission. This item involves the transfer of interest earnings in the amount of $35,000, from Account No. 447-0000-361-10.00 (1991 W&S Revenue Bond-Interest Earnings) to Account No. 447-5175-536-60.31 (Enclave Water and Sewer Phase II), to provide funding for water and sanitary sewer improvements in conjunction with the Gulfstream Estates and Lake Heights Former Enclaves project. Previously, staff identified funding in the Renewal and Replacement Fund (442-5178-536-61.78/Water Distribution Improvements) as a source for this project. However, as this is a bond project, the appropriate source is from bond funding. Recommend the Commission authorize the Finance Director to transfer interest earnings from 447-0000-361-10.00 to 447-5175-536-60.31 to provide funding for water and sanitary sewer improvements in conjunction with the Gulfstream Estates and Lake Heights Former Enclave Project. WHG:cl Attachment . '. . , - City << DeIray Beach Depa.b....,., Budget Transfer '1) Dep&rtmentaI Une Tranafer (2) Date (3) Interfundllnterdep8rtmental Transfer (4) Batch Number (5) Requested By: B. Greenwood (6) ACCOUNT NUMBER (7) DESCRIPTION (8) TRANSFER OUT (9) TRANSFER IN 447-0000-361-10.00 1991 W&S Rev. Bond- $35,000.00 ~ Interest Earnings 447-5175-536-60.31 1991 W&S Rev. Bond- Enclave w/S PH II $35,000.00 (10) TOTAL $35,000.00 $35.000.00 JUSTIFICATION: Per Finance Director, transfer necessary to fund Gulfstream and Lake Heights water and sewer improvements (Former Enclaves). Proj. # 92-08. A Department Head ~- 11 "/~41 Asst City Manager 'UUYVl OffIcer City Manager (11) Budget Revision Date (12) Control Number (13) PerIod (14) Count ORIGINAL-BUDGET CANARY-FILE PINK-DEPARTMENT . . - - MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM i 9C - MEETING OF APRIL 12. 1994 ALLEY ~ECONST~UCTION)aLOCR 58 DATE: APRIL 8, 1994 This is before the Commission to consider petitions by residents on Block 58 (between N.W. 2nd Street and N.W. 3rd Street on the west side at Swinton Avenue) requesting this alley be deleted from the Alley Reconstruction Project. This alley was designated to be constructed with the Central Business District Alley Reconstruction project as a part of the Decade of Excellence Bond. These petitions represent half of the residents of Block 58. Request direction from the Commission. ~~ 6-0 . . Agenda Item No.: CjC-, AGENDA REOUEST Date: April 8, 1994 Request to be placed on: ~ Regular Agenda _____ Special Agenda _____ Workshop Agenda When: April 12, 1994 Description of item (who, what I where, how much) : Staff request Commission consider petitions requestina deletion of allev on Block 58 (see attached sketch) from the Allev Reconstruction Proiect. This allev was desianated to be _constructed with the CBD Allevwav Reconstruction proiect as a part of the Decade of Excellence Bond. These petitions represent . half of the residents on Block 58. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends Commission consideration of petitions. Department Head signature, '1 ~/L 1/?$/~'f Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds): Funding available: YES/NO Funding alternatives (if applicable) Account No. & Description Account Balance City Manager Review: Approved for agenda: ~NO tf?( Hold until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved /agenda.kt . . DEPARTMENT OF ENVIRONMENTAL SERVICES MEMORANDUM TO: DAVID T. HARDEN CITY MANAGER FROM: RALPH E. HAYDE~J CITY ENGINEER -, 1 ~ DATE: APRIL 8, 1994 SUBJECT: CBD ALLEY RECONSTRUCTION PROJECT 93-02, PETITION FROM RESIDENTS - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - We have received seven petitions from the residents on Block 58 (between N. W. 2nd street and N. W. 3rd street on the west side at swinton Avenue) requesting this alley be deleted from the Alley Reconstruction Project. This represents . -L half the residents on the block. We have attempted to reach their point of contact (Rozzo Roofing) 278-2141 to get a better understanding of the sentiments of residents but we have not been successful as of this date. We request this issue be placed before city commission to provide direction regarding the deletion of this alley from the project. Attached is an agenda request, copies of the petitions and a location sketch. Please contact us if you have any questions. RH: kt cc: William H. Greenwood, Director of Environmental Services File: 93-02 (D) Memos to city Manager . 1.1.9 ~'"I,,,I. I .1. I. I. I. I ' 1 .1. I .I...I~.)... ~...,I . I .1 ,I ,I . I ' 1 ' I ,~....) ~r., I . I ' I ' I, I . I. I . I. 1"''')...11'''. 1,1 ,I", 1 .1 .1. I. ~tl ~ ,.. IL.wLJ L- I-....t !:cOil 'JAY ,ONnOOH1IJON H19 . S 'ON 'IJ'S TN . i. ) 1,t"tI.......~......OI..It;.rI... ..... ..r.,,',f"lt.. "!il" ...rll"':~."~""'l~t,~"" <{ ~ ~L ..... .... 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LO ~I ._-t 4: ~ ~I :~il:.L ~"1; :',-- ,5 3 N'" -~ ,. -='5 o~ ::>01 " " _I ~ I 1'")1 ~l <D!ml91 =1 I~ ,~ ,...1 col 0'11 QI -'1 ~l N: - .. <C) ... ~ ~ ;...' ~-! - I ~ ~I "~I ~I ~ ,'"' - ;1} ~ - ,. . . f I THIS IS YOUR NEIGHBORHOOD ACT NOW RE: Central Business District Alley Reconstnlction Project - Project No. 93-02 Dear Neighbor, Do you want an alley in your backyard? Do you look forward to people and traffic walking and driving behind your home? How do you feel this will effect your security and peace of mind? Do you feel it may be a nuisance? How do you feel about the added noise factor of an alley on your block? Please let me know by filling in your name and address, and marking the appropriate box of: '8NO! We don't want an alley 011 our block y es~ we want an alley on our block. Name: S:J~ .~ ~, Address: ~39 N. w. ):9-. Au~. Unless we act fast, work behind our homes will begin as scheduled per city for April 18. 1994. IMPORTANT: The neighbors one block north of us have already petitioned against the alley, and WON!!! It's as easy as saying yes or no! Concerned Neighbor 226 North Swinton Avenue Delray Beach, FL 33444 (407) 278-2141 . ( TI-/IS IS YOUR NEIGHBORHOOD ACT NOW RE: Central Business District Alley Reconstnlction Project - Project No. 93-02 Dear Neighbor, Do you want an alley in your backyard? Do you look fOIWard to people and traffic walking and driving behind your home? How do you feel this will effect your security and peace of mind? Do you feel it may be a nuisance? How do you feel about the added noise factor of an alley on your block? Please let me know by filling in your name and address, and marking the appropriate box of: ~ No! We dOIl't wallt all alley 011 our block. Yes, we want an alley on our block. Name: '~~.\ \ LJ\ \-)I,\-k.,l'~.\f~ ~\ L\...)~~ LH:.t. 1::7(P- ('V2S;~) I. ~ 2 - , \.,( \to l ~ ~,.,..~. .",(~ Address: ._....,......l I ..~:< ,"". \ \:-. Unless we act fast, work behind our homes will begin as scheduled per city for April 18. 1994. IMPORTANT: The neighbors one block north of us have already petitioned against the alley, and WON!!! It's as easy as saying yes or no! Concerned Neighbor 226 North Swinton Avenue Delray Beach, FL 33444 (407) 278-2141 . , ~\ THIS IS YOUR NEIGIJBOR1!OOD ACT NOW RE: Central Business District Alley Reconstruction Project - Project No. 93-02 Dear Neighbor, Do you want an alley in your backyard? Do you look forward to people and traffic walking and driving behind your home? How do you feel this will effect your security and peace of mind? Do YOll feel it may be a nuisance? How do you feel about the added noise factor of an alley on your block? Please let me ~lting in your name and address, and marking the appropriate box of: No! We don't want an alley on our block. Yes, we want an alley on our block. Name: '/fl4 31-,~- Address: ~J rJv 1st f)v c- Unless we act fast, work behind our homes will begin as scheduled per city for April 18. 1994. IMPORTANT: The neighbors one block north of us have already petitioned against the alley, and WON!!! It's as easy as saying yes or no! Concerned Neighbor 226 North Swinton Avenue Delray Beach, FL 33444 (407) 278-2141 . I J THIS IS YOUR NEIGHBORHOOD ACT NOW RE: Central Business District Alley Reconstruction Project - Project No. 93-02 Dear Neighbor, Do you want an alley in your backyard? Do you look forward to people and traffic walking and driving behind your home? How do you feel this will effect your security and peace of mind? Do you feel It may be a nuisance? How do you feel about the added noise factor of an alley on your block? Please let mel~filling in your name and address, and marking the appropriate box of: No! We don't want an alley on our block. Yes, we want an alley on our block. Name: OfPu/.-e~ ~{(~ f Address: cl.// JU u/ tKt /4t/C /)e.l!.A4 /J~JI ft.)~fiHIt Unless we act fast, work behind our homes will begin as scheduled per city for April 18, 1994. IMPORTANT: The neighbors one block north of us have already petitioned against the alley, and WON!!! It's as easy as saying yes or no! Concerned Neighbor 226 North Swinton A venue Delray Beach, FL 33444 (407) 278-2141 . ~ r ~ e.J~ ) ~oc. t k/ . THIS IS YOUR NEIGffBORHOOD . - ~~ ACT NOW ~ RE: Central Business District Alley Reconstruction Project - Project No. 93-02 Dear Neighbor, Do you want an alley in your backyard? Do you look fOlward to people and traffic walking and driving behind your home? How do you feel this will effect your security and peace of mind? ~ Do you feel it may be a nuisance? :1 How dQ you feel about the added noise factor of an alley on your block? .. .....~ Please let me know by filling in your name and address, and marking the appropriate box of: o! We don't want an alley on our block. Ye, ~ n our block. I) Name: tItM/~ e. Address: JUhll),.;.) i ~31 ul ~4( ~ 'to. Id tf.H. N. ~ /).. 0 a.,J. I ~ '4 71 ,'UJ. ..3 A-L .J;t;. Unless we act fast, work behind our homes will begin as scheduled per city for April 18. 1994. IMPORTANT: The neighbors one block north of us have already petitioned against the alley, and WON!!! It's as easy as saying yes or no! Concerned Neighbor 226 North Swinton Avenue Delray Beach, FL 33444 (407) 278-2141 . , J TJ-fIS IS YOUR NEIGHBORHOOD ACT NOW RE: Central Business District Alley ReconstnlCtion Project - Project No. 93-02 Dear Neighbor, Do you want an alley in your backyard? Do you look fOlward to people and traffic walking and driving behind your home? How do you feel this wilJ effect your security and peace of mind? Do you feel it may be a nuisance? How do you feel about the added noise factor of an alley on your block? Please let me know by filling in your name and address, and marking the appropriate box of: ~ No! We don't want an alley on our block. Yes, we want an ane~ on our block. Name: l>1r-d"'~IOJ,,- <~:IY'Q.. t2. f-;.oD~ :/ ! r-- (3 0 Address: l.,').-O 'AI ,,<.)1 l. t I (' 1\/ 'f/') AI f7:. Vb 7:.~J.e~'-b7(j ~ Unless we act fast, work behind our homes will begin as scheduled per city for April 18. 1994. IMPORTANT: The neighbors one block north of us have already petitioned against the alley, and WON!!! It's as easy as saying yes or no! Concerned Neighbor 226 North Swinton A venue Delray Beach, FL 33444 (407) 278-2141 . , j . , , THIS IS YOUR NEIGHBORHOOD ACT NOW RE: Central Business District Alley Reconstmction Project - Project No. 93-02 Dear Neighbor, Do you want an alley in your backyard? Do you look forward to people and traffic walking and driving behind your home? How do you feel this will effect your security and peace of mind? Do you feel it may be a nuisance? How do you feel about the added noise factor of an alley on your block? Please let me know by filling in your name and address, and marking the appropriate box of: ~NO! We don't want an alley on our block. Yes, we want an alley on our block. I '"7 Name: /:- -/1 ,) tt I) ('f /] )- "iX.) r > (I ";1-' /'':.-K'/J /7 1- i. '(J ,? 2 Z) . I Address: <J.,{ (. A / ",5~t)i rrl"'Fl /h/c'.- ,~i)e/ /GLjI ,t5c4\, (~"_..'~ '.... / " Unless we act fast, work Rehind our homes will begin as scheduled per city for April 18. 1994. e~'? sYj(:-'., ,-'f., p 'f' , r".." L C, ce' ~ ,j/ 7/ \--<') /"!If.--O.',)1.--' ,",' ..C\J} J{) ."... / /. t. IMPORTANT: The neighbors one block 110rtl~"~f us have already petitiorle(1 against the alley, and WON!!! It's as easy as saying yes or no! Concerned Neighbor 226 North Swinton A venue Delray Beach, FL 33444 (407) 278-2141 . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM :It 9D - MEETING OF APRIL 12. 1994 AGREEMENT/JEM ORCHIDS AND ORNAMENTALS AND THE CITY OF DELRAY BEACH DATE: APRIL 8, 1994 This is before the Commission to approve revision of the wellfield protection zone maps for the Morikami Park Wellfield to reflect deletion of previously identified Well 1 and to reflect the total proposed withdrawal from the remaining 10 proposed wells. JEM Orchide ie located adjacent to Morikami Park at 6595 Morikami Park Road. The agreement would protect JEM Orchids from the impact of our well field. Recommend approval of revision to the wellfield protection zone maps for the Morikami Park Wellfield. . APR-08- '94 FR I 14: 42 I D : DELRH'!' E:r, _~ rEL NO:407-24J-7060 1:15:3'3 P02 01( tJri MEMORANDUM TO: David T, Harden, City Manager FROM: william H. Greenwood, Environmental Services Director w~6Yr SUBJECT: AGREEMENT WITH GENE & JEAN MONNIER - MORIKAMI WELLFIELO DATE: Apri 1 8, 1994 Attached is a copy of the agreement between the Mr. and Mrs. Monnier and the City of Delray Beach which mitigates the impact of the proposed Morikami Park Wellfield on the Monnier'!I property, I have reviewed the request and recommend approval. The City Attorney's office has reviewed the request and will provide a verbal report at the April 12th, regular Commission Meeting. Please place this item on the Commission agenda for April 12, 1994, for their consideration. WHG:cl . -,,, APR-08-'94 FRI 14:48 ID:DELRAY ENU. SEPUIC~~ _,-243-7060 l:I589 P11 Ft'!::lrl1 : Vance: :; [lOrl'='tl FlHC,rJE 1'10, : 05133:: 'I'.'~ ~ ' Apr-. 08 1994 2:21PM Pial '-' "EXHIBIT Bit ~ PQl5>t-lt' Ff.lX NQt~ 7e71 To . 'l F,.I U.JA:\O Pre';; 00. PIIIJtl. ./ PIIOllfo fI (, X .... ~-rJ -'1" '" FII~'", ~ .. .;; ~ oj.- 7... "rn · - - ....- -----L.ilI"F T - Mr. Alan Tr.fry; r,G. Palm BeJ\ch County Department of Bnvironmental ~IQ'lrcel5 Manllgement 3111 South Dixit' Hlahw~y, Suite. 14~ WOit Palto Detach. FI,., 3340S Rc: Morik,mt Park Wellfleld Dear Alan, On behalf of tbe at)' of Delray Beach aPd bUtd on our previous d{sw~&iOl\S, we feC!utst that your Department rev:is& the welltLeld protectlon ZOI1~ maps for tbe MorlkAmi Pal'k W.Uneld to reflect deletion of previously idontlfled W~l1 1 and to r~flect the total proposed withdrawal from the remaining 10 propo.ed wells. Ncgotiatlona between the City of Dolray Belch and JEM Orchids are nearly complete and this request i$ one eleanent of tbe alreement. It is my undeutandins that Mike StevbnSOh of your oWce and John Lockwood of Geraghty & Miller already ha.ve cooperated LO develup Il dtaft version of the requested mapa. We request that the maps be finalized for prelentlltJOl1 to tho County Conunisslon at the next llvaUablo opportunity, Tho iUCceSI ~f this p~o&lam to site a wellfield in Morikami Park and especially tlte anticlpated ,ucce~sful issuance of a water use permit for this wellfield would not havi beon possiblo withou, the coopera1ion, assittaneo and suppott of &taff in your d.partmtnt and other County depanments. Thank you. Sinceroly, GBRAaHTY '" MlLLER, INC. . . ~PR-08- '94 FR I 14: 43 I D : DELR~/ EHl), SEF\I I CES TEL riD: 4u, _', _ ,,,,,,,,;;,J t:l589 P03 ,....... -, ,,,,,,.,. ".. ,,," ", .''', ".' I ." Q "0) . (" - f .' from - ~ .I I' C'iJk'ff,..Jt...IJ..f...!.) __u.~..J.L"'L V~"J". F ~~~1{.{:1 'I. T," ~_2l.Lt'-1,---- 06__ _______ __.___,_, '.'" _,__,,_~ u8D\ I>hOll~ II; . "r;', - - , . ...,..0 '/ - '" "r ~ !l, (' ,./- Y i f~,~. ~' . "..Uf,3- ,. t ~ r.~~_~__._.__~.._,_.._--- AGRBEMIllN'r f)'In S AGREEMF-W.T.', madQ and 9nt<!S:r.od i.nto ~a of lhe de. te.. h$reinaft0r e~b forth, by and between GENE MONNIER and hi~ wife .:JEAN MOIUUEn (l:.h~ Monnio:l:G), cl/b/tl J1!iN ORCHIOS AND OltNAMENTALS, of 6595 Morikami ~~~k ~oad, Delray Beacll, Palm Beach County, ~lor1dA 3344&, and 'l'HE CITY 0' DEI.,RAY BF.ACli, A l.".LlURIOA MUNICIPAL CORPO~TION, of 434 Swinton ^venuc, Oelray Beach Palm Beach County Florida 33444, by and through its Mayor (hereinafter referred to dB nthe Ci.ty"), WIT N E 9 SET fit Whereas, the city has applied to the South Florida Water Managem~1"1t. Pi",t.~ict (hereinafter referred to as "t.he District" ), by App1.icat.ion Number 930129-6, for' a Consumptive UlJe Permit to uOI&.truot new production wells at Morikami Park tor th~ purpose of providing additional publio w~ter supply and for other purpose. (hereinafter colloctively referred to as the ~ermit Application); and Whereas, Gene and Jean Monnier: own t.hat. oertain parcel of real property more particularly desoribed aSI SEE ATTACHED EXHIBIT "A" "r-tONNIER PROPERTY LEGAL DESCRIP'l'ION" (hereinafter r~ferred to 4S the Monnier Property) which is impro\l'ed with a nureery, Qrchards, agricultural and accessory uses, collectively known 8.5 JEM ORCHIDS, and a single family residenco; and Whereaa, under the "Palm Beach Cc)unty Wellfield Protection ordinance", codified in Section. 9.3 of the "Palm Beaoh County Unified .l.AQud uevelopment Code", approval of the Permit App1.ioation and construction of the welJ.:tiold tls originally p1'opoaad would subject the Monnier Property to c:ertail1 requiI:emente of t:.he Palm Beach County Wellfield protection O.cdiuance as applied to tbe Monnier Property which will cauoe said property expense and the pa~tie8 hereto deslrG to minimize the expellee thereof in a manner consistent with the public welfaro land the interests of the City, and acceptable to the Diee~iet; And Whereas, ~nvironmental Resource Management ran a draft re-m<:)deling ba8Gd upon the elimination ot Well No. 1 on February 0, 1994, which indicated that the Monn.i.er propert,y would be in Zone 4, attached hereto as Exhibit. "a"; and . "- ..., ~- - ~589 P04 _ . DELPH'{ EHI.). '::EPI) I CE~; TEL t'lIJ: 407-d4,::,- ,Obl2l CiP,,-'Z18-"34 FPI 14:4-" ID. -<:'1--- Hf'1' nR ~Qc:.~ Q:24Hl'1 F02 , . ..-, . _ _ _ I FH':'hE 110, : L'.' ':f::l.':, . -.. - - - ~ n:1n\ ; >.,..ar"ICe. .", !;J'_lr ,,,,- :J Whereas, rflprAFJenta~;.vca of tlH"~ City and Gentll and Jean Munnier, including tiene Monnier, ~f.lIril Kr\.legnf.', Brllw~ I<al-ita, ElSq. {(~ol.wllol for l.:.he Mvnnier8), Wil] ,i..am Grenuwood (Olr.o~or of Envit'oHll1Emta. 1 8yrvi041li&J for Oelray Reaeh) t ThoMAS '.I.'QIIt5ier (Co"~t\ltinq p;ngin.e:r fUT; the City), James W. Vl..Ulce, Euq. (eouIHU;tl for Lha Ci~y), emd Alan '1'refrcy I of Palm Beach County Deptu:t.11Ient of Envirol'u,lIental }(esource Man49Amerl1t, met. on Februttry 4, 1994 f;lnd in good !~.l.th l;eaehed aqrQsment on the termG nnd ccndl.t.:lona eet furth hGre\.\ndeJl': . NOW THEREFORE, ill coneidOl;ulion or t.he for6guing and for ot.htilr good and valuable consideration t.h~ reoeipt .:lnci sutt'iui~noy of whiult i9 hereby acknowledged, t.he parties a9ree as follows: ~ec.t,)..Qn On~. ~ncot:pot'.t:.iqf1 of for~9oiQq Re~i tati2]1. The foregoing recitiltions are incorporated her.ain liS though fully set forth hereunder. ~otiQn TwQ. MutuOl CQven,nts. The parties agree to the following covenants to be performed as mutual Clonsidera.tion for the exeoution of this Agreement; (1) ~tV'e b.9rfiil,"'E!1l!; To Ref:r.:~in From Const*uc~i.:..on o~ We~l NQ. 1. The City of Oelray. Beach agrees that it shall not construct or 1nstall Well Number 1 as shown on the attaohed Exhibit "Cl', for so long as this Agreement shall remain in effeot. Nothing in this A9reement shall modify the total volume or rate of withdrawal of 9roundwater for which the City may be issued a Consumptive Use P$rmit by the District. In addition, the City Aqreee thAt this Agx-eement ahall be included as a Condition of Approv<<l of the consumptive USQ Permit. to be Issued by tho 01'"triot. and any future modifioaeion or aubstitution therefor pQrtaining to the same wellfield for so long as this Agreement remains in force a.nd effeot, and a copy of this Agreement shall be furnished to Cecile Ross, Esq., atto~ney for the Distriot, for inolusion in the reoords of the Oistriot and as an exhibit to the Consumptive Use Permit upon issuance. (2) City' IS A~re~m~nt. to CqQDer&~~ '(ith tht De~.rtmept o~.Environmen~ B&$ouroe ~n'9~~ent of Pal~ Beach Coun~y ~o Cau8~ Mod~fioat~on of M)e Qif~q~al o/ell~Leld zQne maps ~s t~~y ~Rplr t9 tile pity of De~r~y Beacb. Morl.~llJ!\t Wel~field! The City agrees to oooperate with the Palm Beaoh County Department of 2 , APR-08-'94 FRI 14:44 ID:DELRAY ENU. SERUICES TEL NO:407-243-7060 ~~b_ __ - -1~IE ~'~ : 0t::1 '~'~, ApI'. 0::;; 190.4 3: 2,:",HI'1 F'C!3 Fl-orn : Uance & [1,;;.(,e';J I-rlL '-, - ~ --~ , '" ,1'1'''''''' 1~1'''.I'' ., I fI".' , ,,. I ~,..,'~i"'l t l ", ';:" ,~' " ~ Environmental Resouroe Mnnagoment in oau,iu9 th.f.! iJnm~dillL. ra-lHod~ling 0,( the wellf.i.eld under the Palm Reach County Well f It'ld Protec Lionn Ordinanu(:! to 2:'of11i!l\.J1. the ftqreOlIl13nt not La 00lllltru{'It Well No.1, dud the JnodiflulJt.iOl\ by th. Boa~\l ot County CUJllllliDlIionfllr/!l 01: Palm Deach Cuunty of ;J.'-ti prio~ ~pprovnl, in O~~inanoe/HesoluL1on Numb~r _R 9~-7 .1O.;D..... adoptf:1rj by the BnArd of County COmrnr..l.ono.t.u on June 15, 1993 , ullssd upnn tho .l:EI-Jllodoliny of thQ wellf.i.eICIPursuant to the CH ly' B "C)reel\1~,mt hQ1:"eiH not to conlilt2'\wt woll No. 1. 'l'hA cit.y agreoB to filA with Use Pal m Bt.'aeh County Depllrtllluut nt Ellvironm~nt~l It''lIlouroc) MflnC\gem~ul. thftt. certain letter tlttaohed. he,rr.lto CUi Exhl.bi t B requesting lUld authorizi.ng lhG re-modeling ot the wellfield by the Oepartment to inoo.'J;porate the d.letion of well No. 1 as agreod to herein, immediately upon exeoution of this ACjreemf!nt. (3) City's Aproement to Q~;ruct the Q~pply Line t~~he MonQier r~oferty Line. ~he City at itQ eX~ense shAll des gn and conatruct to within th1rty (30) feet of the southweet corner of the Monnier property along the north ri9ht~of- way line of Morikami Park Road, a four (4)- inch pip.lin. exteu~ion fitted out with a 8~andard oonnection fi~tin9 mutu$lly acoeptable to the pArties, with a four (4)- inch meter and a ahut-off valve, at or prior to the final inspection of .the City's raw water supply pipelines in and along Morikami park Road, which .hall be permanently conneoted to the City's rAW wat.r .upply pip.lineli1 from the wellfield, The pipeline ext.u.lon 10 her.inaft6~ r~!erred to as "tho Supply Line". Raw untreated wat-eX' from the Supply Line ,hall be made available to the Monnier Property upon the terms and conditions lIet forth in this Agreement. l!:ach party agrees and acJmowledqes that the withdrawal rate available from the Supply Line may be subjoot to use rest:d.,-=tione impoDed by the South Florida Water ManagOlnent District or other regulatory agencie$ and that 5uch restrictions may limit the qu~neity perm~tted to be supplied to the Mo~nier Property. J . _ APR-08- '94 FR I 14: 45 I D: DELRR'{ a~I). SEF'I) I CE':; TEL ~~C::I: 407-243-7060 l:I589 P06 , F'HOHE: !,k, : C'S19':."" f~pl'. 08 193.:.1 '?: 26H11 F'Clo;! F"om : l)anCE: 2, Dorie':.l ' -' - - .) (4) c.i t;..Y. I s A9.r."1'JQll.le.nt t.hat: t.h~ MOJlnJ.tt~ P1.'.rwertv Sj)'.!ill ne ~ptit~.d to USII of ~aw Water V,i.l:l ,!:he Supp~y. ~l n~ Without Ch~L'~a um.l~z; Cert.!J.ll a9n(1l.tl.on"s~ If thQ w8t.~r J.ttvel in OHf! or n\Q.e of th8 exiwtjn~ ~upply welle upon the Monnier Prop~Lt:.y fallu to eight.e.ell (10) !~ot or morEl bCilow Lhe t!ll&'\1~tiou of the exi&tiu~ wftllhe~d fOlao a.ny of .UC1h wAlla I ~h. Monnier Properly mt\y notJ,fY Lh. Oepal:'tmQul of EnvironmehtAl SQ1:vioen of the CJ t,y of DelLQY ne~oh, whe1;tiirul"lflll thG Monnier l?reperty shl\ll be BUJ.>pliC!d rf\W wa.ter from the SU[Jl)ly Line at no l"1ost, up t.o 8. maximum volume ut 53,000 <<jallonl per day at A maximum ~atQ v! 100 gallonA per mtnute. Thfl Monni.r Proporty ..hal,l rely on 1tg own WAt.er aupply to the, maximum wxtent p08sible during this period and shall rGturn to full reliance on its Own supply as Soon a. possibl$ but in no event prior to the point in time at wbioh the wdter level in the affected well or wells 18 at;. or above eighteen (16) feet below the elevation of the existing wellhead. To provide a baseline for the future use of WIl\t.er by the Monnier" under this subseotion, the Monnier$ ahall permit the city to oonduct tests at its own expense, as set forth hereinbelow, of the wells on 'tho Monnier Property, The tests shall determine Speoific Capaoity of the walls, Static Water Elevation, (referenced to Mean Sea Level), Pumpinq Water Elevation, (t'ofeJ:'onced to Mea.n Sea Level), Tested Rate of Withdrawal and Test Duration, all under typical hydroqeologioal oonditions, ot the wells upon the Monnier Property. (5) City'Q ~ement that the Monnier PrQDerty ~ Uee the Supp~V Line With,~harge Und~~ C~~tain .c..ondition.. ~otwithstanding tbe foregoing, if the Monniere shall do~nollstrate to the City of Oelray aefll,uh that anyone or more of the oxisting supply wellB upon the Monnier Property has bQC01Ue incapable of drawin9 groundwater at its design capacity, due to a cause other than the decline of the water l$vel in one 01' more of the wells upon the Monnier Property to an elevation of (16) eighteen feel or more below the elevation of the existing wellhead for any of suoh existing oupply well$, tbWll the Monnlera shall be entitled to purchaae raw water from the Supply Line at the oo~t Bet in this pA~agraph, up to a maximum volum~ of 53,000 gallons per day at 4 . 4' 45 I D' DELPAY all). '3ERU I CE'3 TEL ~m: 407-243-7060 14589 PO? APR-08-'94 FRI 1 ,. . FHCI JE I'j,=, , : 05J.923 ~F'l'. 0::: 1'3~4 3: 26H!~'1 PJS F,'om : IJa.n.;..e 8. [Jat;o!:.':.l , 1,"~' I' "";'; 'r ....., l\ IllAximum :ca1:? of lR [) 9allona pen: If\inutH, and for ~u i.ntez:~Jl1 timo par-loa of no l/lot"e lh."Jn aixty (60) UllYR 1:"~J.' OOc:rUt"relwe. Th~ Monnj,et-s .h~ll pay to tb~ City a monthly chALyo for raw wator s'rl followB: City'.. aotual nOF.lt t.o produce (1,000 C).!\lJ.\oI1l8 o! rnw watar' t 1mOil 1. 2~ t=hargQ .ror ou1~ of city) rn"ltipliGd timo8 a 1.2 cuvera90 fant~~. 6) M.t'~~lnent hv Gene ,.!ULq JI,ilQ,n ~~nni~.z;-, an.4 Jl'JM ~h!~e t9. Withdl.,ftw 1\11 Ob;~ot.i.ons hJ1Y Petit~uns Oppo,~n9 npolioation No..9'0129-6_Tn i!II)tOhQJ1\J~ for the torlil9oin~ c=ovenan\... by the l:it.YI O&:!J1" Monn,t",l.', hi. wife .1ean D. Mounier, nnd J~M ORCHIDS ~ach and ~V~~y one agree to withdraw any and all petitions they may have filed objeet:.ing to the granting of Permit Application Number 93012~-6 to the City of Delray Beach, Flo~ida by the Di~trict, and to waiv-e any objections to the issuauo. of said Pez:mi t Number 930129-6 by the Distriot, and th. parties her.to shall deliver notioe to the Division of Administrative Hearings of the settlement of the administrative caue pel1din9 and the Monnier. shall file a Notice of Volunta.t'Y DitlHnissal with prejudice in suoh administrative proceeding. Se9tiQn threQ.\ DuratioQ And Termin,tion. This agreement shall be of pel:petual duration for so long as any wells, for whioh a Consumptiv. Use Permit is issued Eursuant to Application Number 930129-6 and any successor appl cation, are in operation in Morikami Park. Notwithstanding the foregoing, in the event the Monnier Property is conv*rted by its pre~ent or future owners o~ any agent thereof, to 8. principal UJi9 other than a nursery or agrioultu:cal use, 'and or th. zoning of the Monnier. property ie changed at the request of thG owners to ather than agricultural, e. g. re.idential, oommercial, Ettc., this Agreement shall tluneupon be and beoome null and void with respect to both parties to this agreement and tha.tr Buccessora and assigne whex;eupon the city lnay s..k aueh Consumptive Use Perlnits and modifications thereof as shall be permissible under law as though this AgJ:eement had not boen entered into. 6eQtion Four. Gtoeral Proviaiope. ~uthority. Each party h.~eto covenanta and warrantB thAt it has the capacity and authority to enter into and p&rform thig Agreement and all of th~ covenants and aqreements set forth herein. 5 . _~ ~ _-~ ~s89 P08 ._ D' LELRR'r' Etj\ I SEW! I CE':3 TEL t~iJ: 4U ,-,:A.:..-7C1bU - APR-C18- , 94 FR I 14: 4b [ ,1, v. _ . ., ' '. F'Hi-"J~ I he, : 01:',1'393 Hf'r. (113 19'?4 9; 27HI1 F'06 I'rOlll ; I)an,:e. ';" t'olle'::j ~I - .., . 'fj<:>1=-,iQee.. All notice$ provl.dcd for in t.h.;Ls A9t'eemenL 8hall be furnished by U.s. Mail to the addre$8 set furth herAin for the pIH:ty. If eithar part.r'lif addro9s for tlH~ purpoae of receiving notice shall chtmge dur ng the term of this Agreement or anr time p~tiod during which an obligation under ,this Agreement rema ns to be pe~formed, then that pRrty shall provide writtQu not.ice tu thQ ot.her' party of tluch new addre... Amejldme.ot And W4iver... 'l'hio A9ceement cuntaillS the (jJutirCl uuderstanding betweeu the partiee, and a.ll px:-ior under-standingB ~re ulflrCJed herein. This AgX'ee1\\$uL m.y be amended only in writing .igned by both partie", herf!lt.o. No waiver of any provision oj; thi. A9.reelnent shall be effective unless set forth in writing. Any waiver of any p:t'oviaion of this Agra$ment upon one occasion ahall not opex"ate as a waiver of any provision of this Agreement. on Any other oOQ4sion exoept as sp9cifioally agreed to in an amendment her~of signed by the parties. ~onQtruation. Appl.icable Law ... Auu Cl)ptiO[)9. Thilll Agreolnent shall be construed in accordance with the laws of the Stat.. of Florid.a. 'l'hia Agreement sha.l), not be construed lnore favorably toward ona party or less favo:r:ably toward the other party 8.8 "- oonsequence of the authorship of any clause or provision hereof. The parties agree that the subtitles and capt.ions hereof are provided for conveniElnoe only and shall not be deemed to alter the meaning of any fSentence, phrase, clause, section or sub.ect.lon hereof. Venue. CQ.ats and Fes,. Xu the event of li.tigation oonoernin9 the rights and entitlem.nts of the part.i~B under thi.s Agreement, proper venue for guoh litigAtion shall be Palm Beach county, J:c"lorida. In the event of liti<]llt.ion concerning 'this Agreesuent, the prevAiling party hereto shall be entitled to a reasonable attorney.' fee and costs, to be paid by the non~prevailing party, in trial and all appellate courtg. ~s8i~pabilitvJ Agre,~~nt ~inding on A'8~ns. This Ag4eemant shall be a.signable to future owners of the Monnier property until otharwi.. terminated under its provisions, and it shall bind and benefit the parties thereto, their heirs, succe.sors and assi9ns. Tj,ple ot the _ ~sseno~ Time is of th.e ese.nee of this Agreement. Def~Yl t. The parties agree that this Agreement contains unique covenants pertaining to obligations other than promises to pay money, whose breach would O&Uge irreparable harm not susoel'tible to the caloulation and award of c1amages, Clnd that therefore 'u~ to such ooV'enants either party shall have the right to s99k speaifio performanc6 thereof in an'aotion in equity, in the event of a breach thereof. Notwithstandin9 the foregoing, the paxtieg agrefJ that. as to any cla.usefJ relating solely to the pa.yment 6 . '" I D' DELRA\" El'lU. =Epl) I CES TEL ~10: 407-243-7060 l:tSe.g R09 .-' , RRR-08-' 94 FRI 14: 4, ,. . PHC\riE r: =. . : 051 '39:: H?r",08 19'34 '3: 28AI'1 P07 F"n:;:,n, : t)ance: ,s. t'Orlo:',:i or collaotion of money # tho pa~1;.i88 uhnll hQ.v~ all relllE:tuies av_ilab16 at law and in equjty. :rN WITNF.FlS WHEREOF, thw unael.-"igned lJartiea ha,.vo aet th.iL' handa and seals as of the datea hareinafter Bet forth, wilh the intont to be 199a11y hound h~.eby. CITY OF nF.LRAY BF.~CH By: ,Its Mayor. -- " . Date Signed, - - ATTEST; I..... ..- ay . cit.y Clerk Signed Sealed and Delive~ed GENE MONNIER and hi~ wife In the PreBence of: J~AN MONNIER, a/b/~ JEM OlCHIDS AND ORNAMBNTALS ~en."'Monn1.tt.r .. T . 'Oat. Signed. '. ~ , Jean Monnier ... . Date Signed: - Signed, sealed and Dellvered JEM ORCHIDS in the PreaenC6 oft ..... ..,., - "- , Gene Monnier Dated Signed. 'W .. - V ... , Jean Monnier Date Signed. '- u T.... 7 - '.. ' APi-;HJti- 94 FR I 14: 47 I D: DEL RAY Etjl), ';ERI)I CES TEL t'j[l: 407-243-7060 l:i589 P10 From : U~nc~ t Don~~ F'HOl1E Ho. : 05199J AF~.Oe 1994 9:28~M F E>a1;BIT A .............. - -.......... Lm~Tn~c.l~TtQH' ^ rl\lczt, 0' t.NG) .ITlU\TI 1t4 SECTION 2'. toWN'HIP 4., aOUTH, ~a 42 biT, "MM alACH cOUtrry ~ 'LORI!>>.. MD BlU<<J .cu 'NIT I CUlaULl UllOIta *ID Nt 'bl..r...A.,1Wa. THm UST OMI-HALI' (.1/1) 0; TH& WOI\'l'tCWU'l' ONII;)UAlTlIl (NMl/6) Or THII HOR'l'H&NJT OHB-QUAATEI (NB1/_) 0' TNE IObtttWls'1' OtG:tr;TB" (aWl/.) or 'AID 'RC'rtOtf 21, ~IJ THI NORTh 5al. , '''T -ntIMOP,: , 'I'OGlfHIl If I 'J'H . ~ WIlT ONI~HALI (Ml/a) or THI lAST ONI-HALI (11/2) or 'l'KI NOa1'11lMT ONl""OOMTla (Nll/4) or 'tHE SOC11'HWUT QNJ..:gu1tJ.1'IJlt. (aWl/~) O' &JI\ID 'ICTI0t4 1.7, LIaS THa ,Ou..owINO "HU& PMc&UJ: 'rH& NORTH 5~5. 56 'RaT Tt\&RBOr, TKC SOUTH 30 fPT TtIUIO', MID THE &NIT 10 rElT 'ftfI:uor . THE MOVI llUCJllEO PMcEL CONTAINS'. 006 ~CI.tS, HOU OR L&S9. .....-.,..",. ... .....--.....-. ..... . '~ . . RPP-l]8-'94 FRI 14: 4:::' 'r:.,: r:'~' h:'':''i F'''', '=;Cc;.'l 'T "-'C"=' -r-,::"' ;';'::: 4';;~-2.::1'7--'~>::,C1 ~=I;=!'~ F\C1~' 0;< t!J( f'.1E~\mR}\NDUM TO; i)av.l.Q'1'. Hnrd~n, Clty Managc.r vi/.~6 .' .,.. FROM: vJillii'iiT J-t. Green\-,"}'ld, Fnvl1:(}nmF>l,t i1: C;o:>,-" i C'e~ 111 n.>rt or u, .let; '-~lJBJECT : AGR~EM[NT ~;TH GENF & ';FttN 1'10NNll:.R t>-j(H< 1 }( At>'~l WELLFIELD -- -- ..- ";"""F': Ap r; I A, i '~44 Ar- t nr-hed 1,'-' C\ ''''OP:r. ,-' f ri,l"' d y r f:81T1t:: f! t t)etWi'-'en Lh~ Mr. twd t-: r s . ~:.)nnier C\nd t '1.... ri+y (' f De1ray fit". it \- h \--lh1ch n,1tlgi\tPQ t.hE'! impact oj t.he Pr'l..'p,';::;t;:'.l r-1l.'l I k. om j t' ~ I" K w~, I 1 t i fl 1 d ~} y; thf;' Mt',lT'!P.T'l"I property, haV~ I t;' ".... P~it:-:...~ U""" t~q,,(:;t a tI ,.1 r;" , (lmm",,'\:'J ai1l,.,n:'.u.. . 'r'h~ r1ty Attorr\f"Y's ofUce has reviewed t.he request gild ~1.l ,1.1 f-'I'U'J j dl7' n VPt-hii 1 I "P(,T t. at t r,~ A.prl1 12 t tl , T'fHJll : a r {'VilU!, 1 ~~40;': .,n ""~"-!l't i rJ ' P...e(jh~ ~)'l .1 t_ f.: ltd. . it r '''' r,n t hp (. :'JlfUli j c; fl j :") Ii .'Jqendd L':'l Api; 1 ' "') .., 1994, tur Lhc' l C C 0 n ~ j ~: I: I a liD II WHC: -:: l /""\ - QPP-88-'9L ~oI l~:~e !J:~~:_~qv E~~,:. S~P!c'!C~S TE'_ ~~:~87-2~3-?858 ~C::':)I::; ="1 ,< -,. --"'. '_"~ ' ..l. ~. F'.C:rll : :...J.~r-'I_-~ :;. III,":II-Ir,.:.':) F'r-!:=" ,F t~,:,. : tj~.,ll:(<~ ' II . ~ ...., I . Rp~" t c:::: 1 ~~'311 2:21Pf" F'i) 1 .... " c:Xfl IiHr g 11 or,.. ifL~' ~ ~--roL/~ POl!it-lt' F tlX N~'C\ 7~ 11 D$III .,~8~B" TQ I, tti' f f; ~J~\:..,~.. F.:~L':;_~_;':';~~"-L.._ Cnlh"r>' 0" PI,v"'. ;-- - ~ - rihOiif~A7--::-':----;;-- II' ... .,; II .,.. -~-------l~---"- FIU'1" (l:.i!'; :.i- 7.' 1ft rll.^...~.__ _ -- ~. ... --~--.------- Mr. Alan Trefry. P.O. Palm B~~ch Coumy l)ept\l tment of EtlvjTlJIUllema! ~IO\lrces Management 3111 South DixJt\ Hilhwa)', Suite. 146 WOit Palm B~ach, FJ.. 33405 RI.:i: M~rik~lt1f Pf\rk Wellf.ie>ld Dear AJa~ Oll behalf of the Ot)! of Delray Beach a.'1d bu~d On our previous d{sCUEisi()l'Ui, we request that your Departrnent reV1se the welltietd protection zone maps fen tbe MorlkAmi Pai k We.l}f1eLd to reflect deletion of pr~\'"iOU81y 1dcnUfle(J W~l1 1 and to r~fject the tota.l proposed wifbdrawal from the remaining 10 prupojied welk Nego1iatlltn~ bel'\ltcen the City of Delra) Bea.ch 8nd JEM Orchi~s ate nearly complete and this request hone element ot the agreement. It is my unde!stan('lu,g that Mike Stevenson of )'01.01 OWl/'! and John Llcbl,'ood of Cieraghty & MUler alrea.dy have cooper~te:d 10 develop D. draft versIon of the requested maps, We reque:;t tha.t the maps be frnallZed for presentl1tlon to the rnunt) Cowm!ssi(m at the next HVB.ilab~" opportunity. The iUCceSS of thi~ program to site a. wl!llfield in Morikumi Park llnd espec!al1y the anticipated successful issua.hce of a water Use permit for t~is wellfleld w(')uld no! htlve been possible without the cooperal1Qt'\, as~d&tance and s;npport of still in yOU! depar tl1l$t'lt and other County derartm~1l1s. Thank yr.m Sincerel)'. GER AOHTY & MILT F.H. INC ~PP-08-~?4 ~p~ ~~:~3 ~D:~iF~PA ~~ ' '=:~c.;:" ~ :'=-~'= --rc::_ ;.....I:~~: ':;::L?tr;-:;.'.:::: 3-7C)~,C? ~5:::'t~' p~=~::: .~.:_~:"_'_........_.__,, .._. . "'~~. '...1 _~ __~ T(t. l' ( ". r '\ HCH\I - .~. l f '_ J ,~...]ft'LLr'/..i:,,~' ...__ \.)j r.\ A, I.J~i Ce., l' I.' ~I\ CO _,_YL~L(.......!..c!fr:..J.--- __ud.. _.,._. .'.. __._,. tJ&Pl I>hO"&~.., t k. . .,.. , , · ,,/-.. ;'-.',1" y f", ." . ' 1 ~. I rll~ t- , I. I ..t.f-l'Z' "J"if-..) " /I ~ _..-.-.--.- -.--. . _. _.~ r.,. ---. ., AORI!:EMIli<<I 'J'HTF;. AGRr~'EMRN',r , mt\dQ and ent()lod into ~." of lhc dateES h$1:'olilIiuM.!to.1:' (H~t forlbt by and bet\'I'een GENE MONNIER and hiB wife JEAN MOUNtER (bh~ MonniorG), d/bl tl JEN ORCHIDS AND OlUJAMENTALS, of 6595 Morikami ~nr.k [(odd, Delr-~y Beut;h, Palm aeach County, ,t'lo:c ioa 33446, and 'l'HE CITY Or' f)BLlu\Y BRACU, A t"~()RJ: DA NUNICIPAL CORPORAT1OH, of 434 Swinton ftvenue, Delray D~ach Palm Beach County Florida 33444, by and throuqh its Mayor (hereinafter referred to BB lithe City"), W I '1' N E H g F: ')' H * Whereas, the Ci ty haa app11~d to the S')uth 1') or ida Water r'1analem~1:!t. Pl,$l~ it-, l (hereinafter refen:ed to as :' 'the D:i.filt 1:' let" ) I by Appl cab.on Numbl'Jr 930129-6, for d Consumptive Hill) Permit to uOl&struQl new production wells at Morjkami Park tor the pUlpuae of providing add:ltional l)ublll) wt\ter supply aJld for othel purp08~e (hereinafter ooll~ctively referred to ae the permjt Application); and ~'lhereas, Gene and Jean Monnier own that ~ertain parcel of Leal p~operty more paJlicularly described &9! SEE ATTACHED EXHIBIT "A'1 "HONNIFR PROPERTY I.RGAL UESCRIP'l1ION" (hereinaft.er referred to as the Monnier Propel ty) wid eh i9 ilOprovf."Id with a nUJ.lJery, ol'ch",rds, agricultural and accessory UBeB, collectively known as JE:M ORCHIl)S, f\ud a single fami 1y 1. PH ~ llenGe; and Whel"eaa, I1nder t.he "Palm B~ach l'olJnty \val1f.ield ProLect_loll OrdinancE' ", c(,di f i @d in SE"l~t.i(Jj) 9.;'i r.Jf lhe "Palm Bsach County Unified Gnnd uev~lopment Cooe" , appl.-llVal 01 t h@ Pelll'lt Appl.toation allU l;onst.l"uction of the weJ..J..1:ieJ.d /\8 oriqinaJJy P) OP013(:llj would subject the Monnier ,Property t.o vel ta; Il r~qu j I pmt;'ntB of the Palm Beach County Wellfield protect:ion Ordillallce as r\ppl1.pc] to the Monnier Property which will (,:~uee said pI UPl;lI:. ty expen8~ and the parties hereto deair~ to rninimi ze th~ expell8@ there(',f in 6. manne:t cOllsistent with the pUblic: wel!eu:(;.) twd the inteLt"st6 of the ~ii-y, and acc~pta~le tn th~ Dietriet: and i'1herf'arJ , Envirof1l1lp.ntnl RASC,U:r'('Je Manaqeffif>nt f.'tl. a drn f1' re-!nodf'l] i.ng ba9l?d upon t.he elimination at \-JAll. H,:>, I '-)Il Ff;!bLllf'l}' H, t'J94, which indicBted t,hal the M,:..nlliel plUpf'orty would b~ 111 ZrHH'" 4, attached heret.o as txhibit. 11 1\" ; and ,""" ..~:~-e8~'~~ ,cP 1""3 !C' oep". ,C:', ,0 ';~~ 'C~~lT::5 ';C' "C7-~"3-nC8 r~p" <J8 ,::,:g P,844",, COJ WharellS, reprArHtntat~ivca of t.h~ City and Gen$ cwd Jean Monnier, ilh;luding <Jene Monnier, Rf"ril Kruegor., EJ.:'IIl:1:l )Cal-it4, Ersq. (Gn\H1IJol f01: I.:.he Monnier9), r~il) lam Greollwood (Dl.r~ctor of nnvi1:omll~nta.l I:)Yrviot>>a fnr. D$lra.y Beaoh) ( Thonu\I'J '.L'';'lII~ier (CoJ"\~1.\l tillq Enginiller fu1,;' the C.i, ty) f James W. Vauee, E~q. (couna..,l for Lho ci t.y), ~nd Alan Trefrey, of Palm Beach County Depttl.Llllent of Envirohm~ntal }(esource ManagArnent, met. on Februl;u;y II f 1994 o.nd in good f"ith ~eached aqrGement on the terwG nnd conditione set furth h~re"ndex. . NOW THEltElFORE, ill t::onoidcH;(\l ion vr the fOJ:'6guing and for 0~1'er good and valu.ble consideration th~ receipt and euftiuiency of whiuh is hereby aoknowledged, t.he parties agree as follows: ~QctiQn On~., lnc~t:po.r:e.-llin of fore9o;ln9-R~~it!!.tion. The foregoing l;ecitations are incorporated her~in as though fully eat forth hereunder. ~otiQ.n Tw,=? M~4t\Ull c..Qven~..lItEl. The parties ilgree to the following covenants to be performed a~ mutual eonsider4tion for the exeoution of this Agreement; ( 1) ~~Y' a l}.9rq~lX\en.t TQ Refr!!in from Cons:tJ:'uc~~ ot We 3.: 1 N~..t 1 ~ Th~ City of Dl,lray Be"ch agraeB that it shall not c()nstruct OL- il1stall Well Number 1 as ~hown on the attached Exhibit "e", for GO long as this Agreement shall remain in effect. Nothing in this A9reement shall modify the total volume o,c: rate of withdrawal of gxoundwater for which tbo City ma.y be issued a Consumptive U$e P~rlnit by the District. In addition, the City agree. thAt this Ag;lf~emellt Bbal J be inc 1 uded au a C<':tndition of Approvtl.l of thG cons'Jmptive lJS{l P$rmi t to be i55u.ed by t.he Dil5t r iC!1~ and any future modification or substitution therefor pertaining to thEl sa-me \...~llfield for so long as this A9re&"~nt remains in fo~ce and effeot, and a copy of thig Agreement Ghall be furnished to Cecile Ross, Eaq., attorney for the Distriot, for inolusion in the reoorda of thG DistrIct and AS an. exhibit to the Coneumpti ve Use Peuni t upon 10Bul'\lloe. (:( ) Q.1t.Y' s_~-9a~men1i. tQ i;.Q.QQ~Ji.i.tL...thi. Dep'llrtment o~ ....Envilpnffi{l!nt :B.&So),l;,o~{:\na9~,neDt of ~alrn.. .Beach ,Coun~'y to Caul:l$ Mo~!fl.OAt1011. of the offiQial ~).l~~eldz;one -UlAps QS t1)..~y _~.tml.~ t.Q the 9ity , of--1?~~ ~~~:h MQ!:1:~ W~llfieldL The City agrees to cooperute with the Palm Beach County Depal'tment of 2 APR-08-' 94 FP T 14: 4J I:C': IF pQ',' E~J". C;Fpll r 'T'; T~'~ '1':::': ""??-2~,'3-?71'::,r? =tS:::::? PI:?-=; -. - "r-: -'- . '.t.;.+..,:....:._ hr:-I-.C'. l.'~J~-: :-_i:c~:,~~r,t F'~~l~1 Fl-l:,rll : l)dnc:t,=- ,_ [J.:-f'l~ '-3 ~.tr1Ur ~ _ I',', . tJ_ J. _' _" _ r - I ' ,.... ~'"It"." '.:, . , . ~ . _'-' J ., , Envi:romnontal R090Uroe Ml\nagolnent in causiuq the iJnm~di 0. L. rG-Jllodelil1.g 0.( the wellt J..eld uude.r the Palm Reach County Well fi..~ld ProtllluU_on OrdinAnQ~ t.o :l:cfle\JI. the t\qraaJllr:mt not La OOuutr\1l:'lt Wel.t No.1, d.ud the Jno<Ji~lc()t.ioll by th. BO.:J.l:'tJ ot CQunty COJllllll.Oa.!onf'IJr/!l of Palm Beaoh Cuunty of ;l,L,~ prio~ ~pproval, in OLdinanoe/HesoluL1Qn Number _R 9~-150;-D __ lldnpt~d by the BOArd of County CommI.,u.onelu on _ June 15~~3 ~__ , Ultssd upnn t.ho L'lit-Jllodolllly ot thr,.l wellfi erapursuBnt to the Cj t.y '8 Al)reellKmt hc.n:eiu not to congt~'h(1t Wall No. 1. 'l'hl"!i cit.y agr.~w to filA wi th Lhe Pal 1'1'1 Bt'&ch COllnty Dt!pl\t'tll1Ullt or Env.i.ronm@lt'l.tal }t"u~ouroo ManAgem~llL thllt cel.t<<in letter ttttaoh9rJ h(H"Ot.O 0.& Exhibit B raquesting- ~lId Authorizi.ng 'lht) re-modelinq 01 the welLfield by the Department. to inoorporate the d.letion of Well No. 1 (\ 6 ag'rf:ll)d to here.1.n r immediately upon exeoution of this Ag.reem'1nt. (J) ~itv'a A9~~emen~. to-9~truct the Q~pply Line tQ,j:he Mon~ier ~ert! JLine. The ci.ty at ita eX~enae shall deB qn and construct to within th~rty (30) feet of the Bouthwest corner of t.h@ Monnier prop&rty a.long the no;r;-th right--of- way line of Morikami Park Road, a four (4)- il1Ch pipelin. e:x.tenlt.i.on fJotted out with a 8tandard oonneotion fitting mutually acoeptaole to the p~rtiea, with a four (4)- inch meter and a ahut-off valve, at or prior to the final inspection of .the City's raw water supply pipelines in and along Morikami park Road, which shall be permanently aonncdted to the C1Ly'a r~w water $upply p:tp~linas from the wellfield. The pipeline ext.nsion i~ her~inaft~~ refereed to as "tho Supply Line". Raw untreat.ed wat.aI:' from the Supply Line G1hall }.Ie made available to the Monnier Property upon the terms and conditiona set forth in this Agreement. Each part.y agrees and acknowledges that the withdrawal rate available fLom the Supply Line may be 8ubjoot to ullle restL A,\,,:tionu impoeed by the South Florida Water Hanagoment Dieb:lct.. or other regulatory agencie$ and that Buch restrictions way limit the quantity perrnitLad to be supplied to the Mo~nier Property. ] - .-. -, Tr;:' I.. Ir,. ..1nr::'_.-:,..r::'_I""'::':71~!~1 ::t,,:,:::::'j F'C1i=, APP-08- '94 FR] 14: 45 T [i : DEL F'P'" J=:tl'1. ':::EP J[ 'E'- - -'.. ' ~":.' ". --' "- "- - ..-':26Al1 FC;I.;! Fl'i':",l : I.'a.n~f;;:: 2. D,:;,ne':.' F'HUt4E ! ~':', : (",:,:, j (~'~:: f~pr . L"-):::::!c"3c.l (4 ) k.it.,y,'S Ao~~nt that- t.11~ Mopnl(;.i~ ~l.'(w.ertv ~ll~J.J. n~. ~nti~~ed to U8~ of. l<9w Water vi.~ .!oe SllPPtY j .~ll'l.~ Wj. tho~t. ~~'la.r'-9fl Unl,.\f#~.. Cert~ C.9ndJ..t~on.a~ If thA W8tc-l: l~vel in one 01.- Ittu.r.;e of th8 exiwtin9 aupply wellB upon the Monnier :Prt1peLty fallu 1,;.0 eight.e.ell (10) !~HJt or rocrEf bBlow lhe ~le-"atiuu of the existiu'i.i wft],lheAd for Qny of 'Ugh \'lAllA, t.ho Monnier PrQJ:.ert.y mny not...i.ty Lhe Depa1:tmt;ull:. of Environmehtal SGrv.ioen of \:.h9 C,it,y of ilt"l.L.QY neach, wher-eupnn th~ Monnier Pr.operty sh1\ll be aUj:Jplicd ra.w wa.bu' from the SU[Jl-.ly Line at no ~ost, up to a maximum volu~e uf 53,000 ~allon8 v~r day ~t A maxin;um rate o! 100 ga.llon~ pet tn1.nute. Th~ MonnJ.$:t:' Proporty l:lhaJ.l rely an its own WAt.er Bupply t.o the. maxinnun ~xtent possible during this period and shall rot urn to full reliance on ita Own supply &6 Soon as possiblit but in no event prior to the poitlt in time at whiQh the water level in the affected wall or wells i~ dL or above eighteen (16) feet below the elevation of the existin9 wellhead. 'Vo provide a beuieline for the fu.turo!!! use of Welt.tir hy the MonniorQ under this subseotion, the Monnier~ shall permit tbe City to conduet tasts at its Ol,'m expense, ae set forth he;ceinbelow, of the wells on thO! Monnier Property, ~he tests shall determine Sp&aific Capacity of the walls, Static Water Elevation, (raferenced to Mean Sea Level), Pumping Water Eleva.tion, (r(llfe2:'enced t.o Mean Sea Level), Tested Rate of Withdrawal and Teat Duration, all under typical hydrogeological oonditione, of the wella upon the Monni4;ic prol?6rty. ( 5 ) City'~ ~~ement ~n~t the Monnl4X ~rQPerty ~ Uee the~Y-.Line Wi1;}1 .charge Und~u;. Cel."tain 9-Qndition". Notwithstanding the foregoing, if the Monniere shall del001H;itrate to the City of Delray BettlJh that any Qne or more or the (~Xi9tin9 supply welle upon the Monnler Pl'ope:rty has bliJCOlUe incapablG 0f cirawin9 groundwater at. ita design capacity, due to a CflUS9 other than the decline of the watel' l$vel in one 01- more of the wells upon the Monnier Pl"Operty to an elevation of (16) eighteen feat or more below the elevation of th~ existing wellhead for any of such existing O\lpply well", tlH;U1 the Monn;l.er8 shall be ..ntitled to purchaaa raw water from the Supply Line at the 009t set in this para9raph, up to a maximum volum~ of 53,000 gallons per day at 4 .-, '.' Ct I' '-'F!::" I" ,-.cc .,-c~ ~',.lr: : 4C1'7 -';.14 3-7C1F;~:' tt5E:I~ PO? APR-[18-'g4 FPl 14:4S T[':'='F!_pw< -.., :-'.. .... -' .-- ' - Af'" . (1:=-' ]3:'4"~ '3: 2'=',~:1 [,'T' F"l-'Ofll : 1)I3.rl);"e. .i:.:~ [Jl:\t-)~ l~~ F'H:'r!l?: Ih. . (:a:.::-:1 S';:l'_";' ,.. , A maximum :ca1:a of 1 Rtl ';)8.1100111 pen. minutH, and. for uu inte.I:im tirna Pfi.H::'.iod of no 1l\nr.e limn sixty (60) daYR ~QL OCOU~rehve. Th~ Monni.erll sh"ll puy to tlH" Cl ty a U1onthl.y chat qo .for ra.w Wator aR follow!;: City'~ aotual oo~t to r'l:..,duce (1,000 ')al.J.vU8 of .rnw wats)" tlrnoa 1.2!:i t:hargG fl)r out of city) lfInltipli9cl tlj,\\~s a 1,2 ~uvQ~a9~ Iaotor. 6) &I.tt)~ment ~w Gene ,Iu!.4, ..1'QG\,l1 _li2nni~~, an~ Jr~M ~~!~e t9. Wit}td.l:IIW 1\11 Qb;~ptlous l"4m1. EW~l.Un8 Op~08.tl)9 .bPR~il?,."tion No. 9~l) 129-_6 _ Tn (lIIxohQ.ll~" for the tort;uoJo.i.ng aovena.nL... by the t:ity, O~l1e Monn1t"1l', his wife ,Jean Illy .Mvunier, and JRM ORCHIDS ~acb tinrl ~V~LY one agree ~o withdra.w any and all petitions they may hav~ filed ohje~ting to the granting of Permit Appli<:Hltion Number 930129-6 to the City of Delray Beach, Florida by the Di~t~ict, and to waive any objections to the issuance of said Pet-mi t Number 930129-6 by the District, and th. parties hereto shall deliver notice to the Division of Administrative Hearings of the ~et.tlernent of the administrative caGe pending ahd the Monniars ahall file a Notice of Voluntary Oiillmiasal with PrejudicQ in Bu(,h administrative proceedin9< Sect.iQJl.....JJll.'e~ Duratioq APd TerminE\tion. Thil.'f agreement shall be of pel.-petual duration for so long as any welle, for which a Consumptive Use Pe~mit is issued Eursuant t.o Application Number 930129-6 and any aucoeasor appl cation, are in ope.1-ation in Mor ik~,mi Park. Nohfithstanding the fO:t"egoing, in the event the Monnier Property is conv$~ted by ita present O~ future owne~a o~ any aqent thereof, to a principal U1.;e other than a nuraery or agricultural UBe, and or th& ~oning of th$ r.1onnie:l~ prope:rty is changed pt the request of tha uwners to other than agricultural, ~.g. re$idential, commercial, etc., thJ.B Agreement shall th~reupon be and become nbll and void with resPQct to both parties La this 6lgrecmont and theiL' pucceseora and assign" whe1:eupon the City may se~k lJueh Consumptive Use Permits and modificaticHla the:r.eof as shall be permissible uncleI;' law as though this Ag.t-aement had not been entered into. t>eQt,~()n Four. QQwral Provi.iCJp~. Authority. Each party haX"eto covenants and war.r'ants thAt i.t has the capacity and authol.'ity to enter into and p~l:fonn t~iR Agreemant and all of the covenants \itnd agreements aet forth hereJ,n. 5 _ _. r-\ ~ 1-' ..~ ~'7_'~,..'1?_'7'"71~J"71 145~=:9 PC1::;: F-v E'''' q=pl,'!..~'- T.-, :..,I_,",U, ':.-..' ,'..-- APR-08-'94 ~RI 1.4:4>::, I,=':t)EL''-'' .:', -'- .'.'---'-'. __ ..... ._,_,', r,-- _" __ _'d r-.lt. ':r~ Jl. : U:-,l::':'l"~=': Hf-'t" I l,;,:y_-{ 1';:'.;14 :i,~(Hh t ~~ t.r.....,ll ~ I.idr-',e ..: ~,'u"t~'j 1._ Not..1.QillL.. AU l)nt lc.~el1 l?~'cv id(>Jd {or: in 1.hie h91."'cern$IlL shall be furnlBhed by U. s. Mall to th& addre$8 Get furth herQin for t.he p/n~y. If eithQr part.}rJr,j addross for the pUrp09$ of receiving not7ce shall change durin9.the teL'm of thi~ Agreement or anI time PQr.~od during which an OQl~gation under ,th~a Agreement rema ns to be. performed, then that PRt"ty IIhall provide writtall notice Lo tho other party of ~uch new ~ddre,.. hm$ndm~.ut A...nd W1!.;ver..... 'I'hiD A9re~ment contains the utirft understandi n9 betweell the partiee, and all pr- ior under-atanding6 &ore tnRrl)ed hel'ain. This A~p~eem~uL IDf.Y be amended only in writinq .igned by both t-1artielit her~to. No waiver of any provision of thi. Ag,J;cetn8l'lt shall be effective unless set forth in writing. Any w~iver of any provision of this Agra~ment upon one occasion shall not opera.te ae a waiver of any provision of this Agreement on ~ny oth.er oCloasion exoept as ap9cifioally agreed to i.n an amemdment h~reof ai9ned by the parties. 9qn~truQt.ion r ,)\pp:\,jJ.:6.ble. LO'w-l.... 8-uu Ca,pti9DB. Thie Agrf;;l(;llnent aha) 1 be construed .in aocordewce wi.th the laws of tile Stat. of t'lo:rida. 'rhi A Agreoment sha.ll. not be construed luora favorably toward one party or less favo;r,ably towa~d the other party as a consequence of the authorship of any clause or provision hereof. The parties agree that t.he subtit.les and caf.'tions hereof are provided for conveni~nae only and shall not be deemed to alter the meaniug of any f:lentence, lfhraBe, clause, section or aubllect.lon hereof. Ven~e, c.~ats "'Ud F~~ In the &vent of litigation conc4lrhin9 the rights and enti tlementa of: the paJ:ties under this A9reement, proper venue for ouch litigation shall be Palm Beach County f Florida. In the event of litigation concerning this AgrQe~entt the prevAiling party hereto shall be entitled to a reasQnable attorneys' fee and coats, to be paid by the non-prevailing party, in trial and all appellate courts. ~aei..9lJ.ab1.J.ity J~Mxei'llJent .~indillg on Assigns. Thiu Agroement shall be asei9nable to futu.t'o ownert$ o'E the Monniet. property until oth{J'rwise terminated under ita provisions, and it shall bind and benefit the pactie$ thereto, their l'wirs, succeasors and aoai9nEl. Ti~ .. (:It the _ E9senQ~. 'l'iroe i5 of the es~enca of thit) Agreement. pe~~~, The partielJ agree that this Agreement contain9 unique covenants pertainin9 to obligations other than promises to p~y money, whose breach would oause i~reparable harm not Buso$ptible to the calculation and award of d.a.mag(.'ls, and t.hat thel'efora AS to such covenants either party shall have thEl right. to 8e~k spaoifio performnnce thereof in an'action in equity, in the event, of a. breach thereof. Notwithstanding the foregoing, the parti&s agree that as to any clau8e'!f) relating solely to the r.Hlyment 6 1-. t:;:'1 \ T ,-.C~::: TC; t".K~.:: 4C17-243-70t)~1 tiS::::':! P09 APR-08-' 94 FRI 14: 47 1D: DEI_RP'l' E~l1.), =E. ....... --- "-- . . ~~.\..: ~.-\.- ~ -' HI"( . C1;~, 1 ":f34 3: <'8HI; PO? F:'t"~n : )'.;("~f:-ICe:: ~~. [.11 I"I~ ';.1 r=\I-~;~j~~E ~'.' or (::ollaot ion of InOH(JlY, tho .I?t2~ti"8 uhull h6lVu all remttdias aVhl1able at law ana in e~ujty. IN WlTNJl:F:S WHEJ\EOfl' , th", undcJ.'~.i.gned parties ha.vo aet the.i.J. handu nnd seale as of the date& h€llTfl i.nafter Qet fOl'th, w.ith the intent to be lQgsl1y bound hQ~eby. CITY OF nF.LRAY BRACH By : J~l~fayor: .. bd ~_.........-.... ~ .. ...... --....-.- -..- - ...-...-.....-.-,--- Date Signadl____. ... -~ .....- AIJ1TEST; ~......_..._---~...._-_.~.- BYC1t.ycIark'--'- Signed Sl=laled aud Delive:r:ed GEUE MONNIER and hia wife In tha Presence of: JEAN MOHNIER, d/b/& JEM ORCHIDS ANP ORN~1KNTALS " -------------.-, -........--- .., _....~ - .--.--..........--'.....-.- - ---._~------ Gens Monl\l.~.t: -.' ----- ..---~.._.,------ ._---. Date Si9nedt~ n .u. 4>- .~ - ._- ... . - -. -...--- "-"'-~_.-'''~~ Jean Monnier , ~_... Do.te Signed: _,.. ___~_ _ .______...~ .._ - ..~.u ~_._ ... kl Sigrlt;~d , sealed and Delivexed .1EN ORCHIDS in the l'reeenoe oft ~--~"'- "'. . ~--..~- ~ ~ ~._......-- ._..---- ~-~_._, G@ne Monnier Dated Sigued: '.- ~-------_.-._._~. .-.--.--.- .-~ ~-. ---"'--.- -.... --.- - --.. .... ~.. .---- ~fetln. Monnler ...... -----..-... - - -. 'I" I Date SiqnQdl - r.__ _~ ______" _.. - - -.-' .-..-- u..t ....-.......6..- -- . ~--- '/ - APR-08-' 94 FP I 14: 47 ] D: DE' _RAv Et.ll' '::;EP1.} ~ ;::=1::: T~:,_ ~.,.~c:!: ~:Z:7-~~~.J-7C1E!C j::!5::::9 F'll] C-'-'.)Iil ; ([.iq"'I':'..:: 2-, r-!I--':In~'\~ ~~'j--I\J j~~ HI"J. : Cl~:, i '-"~~3 HI 1 . iJC: .: ':<34 ':'I: ~r:::I~I'l p l:XHBIT A --~ ---...~---_....._-,-_. --..._. ~. , ---.. ".--- 1 "11 .--... LIl~ Ql4~ I PT llltf I ^ rAACZL. 0' L.\KO 81"fU~n 1" aEI;T10~ 21, 'rOWN'Hl~ 4.6 $OUTH, ~e 42 tu'1', .,M.M &IACH coutn'-r, rL.ORIDl., NCD BIING ~M rMTIC:~ bU~U.1'J) M 'OI...UMS1 THII BAaT ONB-tw...r HU I a) 01' nut NOl\l.'ttWU'l' ONB -QUAR'Mtk (HW1/6) OP THJI NORTHEAST litfE-QUM'l'D (NB.l/_) OP 'THE 80lrttfW~$'l' OIQ~T1U~ (ZlWl/.) or 'AID 81M'lott 2', l&S8 '1'K& NOR't'K ftJ', 6 'laT 1iUlRzOp, 'l'Q()1t't..u WIn< 01~ TKI HOIlTli!MT ONE-QUMT1tR (Nll/4) 0' tHE SOC1l'HWE5T om:..;guM'l'IIR (aW1/") O' .....JD ~aC'TION 11, L&bJl THJl: ,OLUOWlMO ~H<<Ea ~ARC&L8; TH& NOkTH 5~6.56 PEET T~R80', 1'KE 80UTH 30 r&€T ~o.. AND THE fM'f 10 PEET ftfEuor . I THE AAOVJ nuC~lBt:D PMc&t. COH1'AINS 1.006 ^c:no, MORE OR lESS. ~ . PROCLAMATION . WHEREAS Fredda Weinberg has been commended by the Chief of Police for her efforts to bring the benefits of computer technology to the children of Atlantic Gardens. , WHEREAS Miss Weinberg's original project, The Atlantic Gardens, Computer Learning Center has been in operation for over a year and neighborhood children have demonstrated its benefits for education and social stability. WHEREAS the Atlantic Gardens Computer Learning Center is ready to expand and offer increased services to the general public in the areas of training, communications and organization. WHEREAS students of the Atlantic Gardens Computer Learning Center have been learning to and are prepared to provide those services and community organizations are prepared to support the additional services with their financial support. WHEREAS Fredda Weinberg has presented a proposal to staff for a computer bulletin board to be named Delray Online, which will with the cooperation of City departments expand the public's interaction with the administration. WHEREAS Delray Online will begin operations without charge to the City or citizens nor will it require City personnel for its administration. WHEREAS this proposal is consistent with and advances the goals of the City Commission. THEREFORE this day, April 12, 1994, the Delray Beach City Commission hereby proclaims Delray Online as the official online information provider and instructs staff to work with Miss Weinberg to begin operations forthwith. . . . Delray Online Submitted to: Delray Beach City Commission Submitted by: Fredda Weinberg De/ray Online lmplementation Proposal Building upon the progress made by the Atlantic Gardens Computer Learning Center and facilities provided by ITS, we wish to have the Delray Beach City Commission recognize our electronic bulletin board as the official online information provider of Delray Beach and accept the " following plan for implementation: Page 1 . . Delray Online ., Submitted to: Delray Beach City Commission Submitted by: Fredda Weinberg Phase 1 1. 2 Job Training Partnership Act positions created for system administration. 2. Establish the first online information provider service in Delray Beach, with Municipal Terminals in Atlantic Gardens at 141 SW 12th Ave, and on West Atlantic in the Wideman Building when the TED Center is opened. Facilities will be provided by International Trade Systems, who will offer paid classified and display notices. All revenues from advertising will be income to the enterprise. The City Commission agrees to buy the first display ad for $1. 3. Delray Online will promote access and encourage sponsorship by socially active local organizations. 4. City employees and elected officials will receive notice of and flexible response opportunities to user messages. 5. Parks & Recreation will enable online access with Municipal Terminal installations in recreation centers citywide. 6. CRA and the City's Department of Community Development will participate in planning public relation events to be attended by City elected officials and employees. Page 2 '. . . Delray Online Submitted to: Delray Beach City Commission Submitted by: Fredda Weinberg Phase 2 1. City Commission appointment of 2 Trustees, to audit and observe the progress of Delray Online. 2. Additional JTP A positions to be sponsored for system administration and to publicly demonstrate and support all Municipal Terminals, to be situated in: all parks; city building lobbies; participating private malls, shops and restaurants. 3. Delray Online employees will assist City personnel to simplify retrieval access to public records currently on computer anywhere. Expenses associated with remote data retrieval will be charged to the enterprise. 4. Delray Online activities will increase public awareness of Delray Beach's unique Municipal Online Service. ITS reserves all rights to negotiate with other municipalities to license City Hall Online for local service and support. 5. With the cooperation of the City's MIS Department, Delray Online will enable the public to submit paperless forms or make payments electronically. Page 3 . · ( ~ 1h r"Ci<; [ITY DF DELIA' BEA[H CITY ATTORNEY'S OFFICE ~'J!! ~\\. ISl A~[~"'UE :"DELRAY BEACH. FLORIDA 33444 1-.\. ",~,JLE 4()/.~78 47__ W it ' Di t Li r er s rec ne (407) 243-7091 MEMORANDUM DATE: March 14, 1994 TO: David Harden, City Manager FROM: Susan A. Ruby, City Attorney SUBJECT: Kids and Cops Committee - Terms Commissioner Alperin is desirous of providing for more than two ( 2 ) two ( 2 ) year terms for the members of the Kids and Cops Committee due to the unique composition of the membership, many of which are appointed by outside groups and schools. These appointments are ratified by the Commission. Section 32.08 of the City Codes limits terms to two (2) two (2) year terms unless set forth otherwise by Special Act, State Statutes or the City's ordinances. The Kids and Cops Committee was established by Resolution 18-91 and modified by Resolutions 30-93 and 96-93. To provide for extended terms for members of the Kids and Cops Committee, it would be necessary to amend the resolutions with an ordinance. Enclosed please find a draft of such ordinance for further processing. Please call if you would like further revisions. ~-' " / :-; i cc Commissioner Jay Alperin Alison MacGregor Harty, City Clerk Anita Barba, Executive Assistant, City Clerk f~ 8-0 j;LA . '. . ORDINANCE NO. 20-94 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REPEALING RESOLUTIONS 18-91, 30-93, AND 96-93 AND ENACTING THIS ORDINANCE WHICH PROVIDES FOR THE ESTABLISHMENT OF THE KIDS AND COPS COMMITTEE AS AN ADVISORY BODY TO THE CITY COMMISSION; PROVIDING FOR THE COMMITTEES COMPOSI- TION, TERMS, AND EXTENSIONS THEREOF, THE FILLING OF VACANCIES, RATIFICATION OF SELECTIONS BY THE CITY COMMISSION, DIRECT REAPPOINTMENTS, AND MEETING CRITERIA; PROVIDING FOR THE DUTIES AND RESPONSIBILI- TIES OF THE COMMITTEE; PROVIDING FOR STAFFING FOR PROGRAM ACTIVITIES; PROVIDING FOR THE RECRUITMENT OF PARTICIPANTS; PROVIDING FOR THE AUTHORITY OF SAID COMMITTEE; PROVIDING A GENERAL REPEALER CLAUSE, A SAVINGS CLAUSE AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach Florida recognizes the need to strengthen the relationship between the local youth of our community and members of the Delray Beach Police Department; and, WHEREAS, the City Commission wishes to assist in giving the local youth of our community the opportunity to take part in construc- tive and enjoyable activities; and, WHEREAS, the City Commission has heretofore demonstrated its commitment providing and encouraging an alternative for the local youth of our community from engaging in criminal behavior (street crime, drug use, etc.) through the establishment of a "Kids and Cops" program as an ad hock committee in May, 1989; and, WHEREAS, Section 32.08 of the Code of Ordinances of the City of Delray Beach limits terms to two (2) consecutive two (2) year terms, unless otherwise specified in the ordinances of the City; and, WHEREAS, the City Commission desires to repeal Resolutions 18-91, 30-93, and 96-93, and enact this ordinance to provide for terms longer than two (2) years due to the unique composition of the commit- tee. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA AS FOLLOWS. Section 1. That Resolutions 18-91, 30-93 and 96-93 are hereby repealed and there is hereby re-established the Kids and Cops Committee as an advisory body to the City Commission pursuant to this ordinance. . Section 6. That the Kids and Cops Committee shall hold meetings on a regular basis at least once monthly, which meetings shall be open to the public, minutes shall be kept of all such meetings, and any special meetings, with copies of said minutes, and any other reports, to be transmitted to the City Commission and the City Manager of the City of Delray Beach, Florida. Section 7. That the duties and responsibilities of the Kids and Cops Committee shall be as follows: (A) The Kids and Cops Committee shall be responsible for program development. The program will be implemented by the Delray Beach Police Department under the guidance of the Kids and Cops Committee. (B) Program activities will include educational activities, field trips, counseling, special events, and athletic activities. (C) Through selected program activities, the Committee's duties will be to strengthen the relationship between the local youth of our community and members of the Delray Beach Police Department. (D) The emphasis of the program will be to instill upon the local youth of our community methods of improving their quality of life by discussing such topics as education, personal responsibility, building self-esteem, consequences and alternatives to crime and drugs. Section 8. That staffing for program activities will consist of volunteer Police Officers numbering no more than ten (10) officers during any one time. Assignments will be made in conjunction with individual interests and endorsed by the Kids and Cops Committee. These officers will serve as role models, instructors and counselors to the youth representative involved in the program. Officers will be selected through a process established by the Chief of Police or his designee. Compensation will be in the form of compensatory time at the rate of 1 1/2 hours for each hour worked with a maximum of five (5) hours per week for any officer. Hours worked in a shift will be considered work related time. Section 9. That recruitment of participants for the program will be done by the Kids and Cops Committee in conjunction with recommendations from the Police Department. Possible resources will include referral from churches, schools, the Parks and Recreation Department, and citizens. 3 Ord. No. . . , KIDS AND COPS Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec t ; I I , I , I I Agartha Gragg p P A i Larry Kramer I A A A i i I Barbara Brown A A A ! I I Yvonne ad om I A P P I I Curt Lavarello A A A Ivan Retzignac A A A Clyde Harris A A A Rev. L.C. Johnson A A A Dan Burns A A A Perry DonFrancisco P P A Joe Dragon P A P Jeffrey Miller P A P Ross Licata p p p 1 I i , ! , ! . atten.doc Charles Ridley has been attending meetings (January, February, March) as an unofficial member. . . . MEMORANDUM - TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER IfrV! I SUBJECT: AGENDA ITEM # I~B - MEETING OF APRIL 12, 1994 ORDINANCE NO. 21-94 DATE: APRIL 8, 1994 This is first reading for Ordinance 21-94 which annexes a 1. 57 acre parcel of land located on the east side of Military Trai I, approximately 2,100 feet north of Atlantic AvenUe, at 14378 Military Trail. The property contains the Boy's Farmers Market which has a 4,648 square foot farmers market (flower and produce shop) with outdoor display area and associated parking. The ordinance also provides for a small scale land use plan amendment to affix an official land use designation of GC (General CommerciaL) on the property, and establishes initial zoning of GC (General Commercial) district. This ordinance is the partial culmination of a voluntary petition from the property owners. In February, 1994, application was received to annex, amend the land use plan and establish initial zoning for the Entire Boy's Market holdings (comprised of a total of three parcels). Upon review, it was determined that if the City were to annex all three parcels, an enclave would be created immediately to the east. The property owners to the east were notified of this action, but declined to participate at this time. Therefore, Ordinance No. 21-94 only relates to the two parcels which comprise the southern portion of the Boy's Market property (1.57 acres). At the Planning and Zoning Board meeting of March 21, 1994, there was no public testimony in opposition to annexation and zoning. There was some concern expressed, however, regarding traffic and noise considerations. I f the annexation is approved, a site plan will be submitted which will include an improved traffic circulation system. Noise issues will also be addressed. Recommend approval of Ordinance No. 21-94 on first reading. If passed, public hearing on May 3, 1994. YJZo&n &~ $-0 C~ UHlw td tu; & ~ ~ UJ/;~ fJA~ LfI.-J ~ W~ ~ ;m<<thv0 fu ~ , I ORDINANCE NO. 21-94 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY i BEACH, A PARCEL OF LAND LOCATED AT 14378 MILITARY I TRAIL, AND BEING MORE PARTICULARLY DESCRIBED HEREIN, ; WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS I OF SAID CITY; REDEFINING THE BOUNDARIES OF THE CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AFFIXING AN OFFICIAL LAND USE DESIGNATION FOR SAID LAND TO THE FUTURE LAND USE MAP AS CONTAINED IN THE CITY OF DELRAY BEACH COMPREHENSIVE PLAN; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; PROVIDING FOR THE ZONING THEREOF TO GC (GENERAL COMMERCIAL) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, Anthony Fanelli and Elizabeth Fanelli, his wife, are the fee-simple owners of a parcel of land located at 14378 Military Trail, Delray Beach, Florida, commonly known as The Boy's Farmers Market, as the same is more particularly described herein; and WHEREAS, Gerald B. Church, P.E., as the duly authorized agent for the fee-simple owners as hereinabove named, has requested by voluntary 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 Statute., and WHERlAS, the subject property hereinafter described is presently under the jurisdiction of Palm Beach County, Florida, having a County Future Land Use Map designation of C-8 (Commercial with a residential equivalent of 8 units/acre); and WHEREAS, the advisory Future Land Use Map (FLUM) designation for the subject property in the City of Delray Beach, Florida, is GC (General Commercial); and . . WHEREAS, the City's Future Land Use Map designation of GC (General Commercial) is consistent with the County FLUM designation of C-8 (Commercial with a residential equivalent of 8 units/acre) for the property hereinafter described: and WHEREAS, the City's FLUM designations as initially contained on the City's Future Land Use Map adopted in November, 1989, and as subsequently amended, are deemed to be advisory only until an official Land Use Amendment is processed: and WHEREAS, the designation of a zoning classification is part of this proceeding, and provisions of Land Development Regulations Chapter Two have been followed in establishing the proposed zoning designation. I 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: The South 63.73 feet of the South 1/2 of the Northwest 1/4 of the Southwest 1/4 of the Northwest 1/4 of Section 13, Township 46 South, Range 42 East, Palm Beach County, Florida, less the East 500 feet and less the right-of-way of Military Trail (State Road No. 809): AND The North 63.73 feet of the South 127.46 feet of the South 1/2 of the Northwest 1/4 of the Southwest 1/4 of the Northwest l/4 of Section 13, Township 46 South, Range 42 East, Palm Beach County, Florida, less the East 500 feet and less the right-of-way of Military Trail (State Road No. 809): AND The North 63.73 feet of the South 191.l9 feet of the South 1/2 of the Northwest 1/4 of the Southwest 1/4 of the Northwest 1/4 of Section 13, Township 46 South, Range 42 East, Palm Beach County, Florida, less the East 500 feet and less the right-of-way of Military Trail (State Road No. 809) : - 2 - Ord. No. 21-94 , , LESS AND EXCEPT the following described real property: I A parcel of land for road right-of-way purposes, lying in Section 13, Township 46 South, Range 42 I East, County of Palm Beach, State of Florida, and I more particularly described as follows: I I i For the purpose of this description the centerline right-of-way of Military Trail (State Road 809) as shown on the right-of-way map of Military Trail (from State Road 806 North to Steiner Road) now in the files of the Land Acquisition Department of Palm Beach County under Project Number 86-112, is assumed to bear North 00 degrees 57' 45" West, and all bearings recited herein are related thereto. Commencing at the West One-Quarter (W 1/4) corner of said Section 13; thence, North 00 degrees 00' 25" West along the west line of the Northwest One-Quarter (NW 1/4) of said Section 13 a distance of 697.17 feet to the south line of that certain parcel described in deed recorded in Official Record Book 4001, Page 640 of the Public Records of said County, and the Point of Beginning; thence, North 89 degrees 46' 28" East along said south line a distance of l3.33 feet to a line 60.00 feet east of and parallel with the centerline right-of-way of Military Trail, as said centerline is shown on said right-of-way map of Military Trail; thence, North 00 degrees 57' 43" West along said parallel line a distance of 19l.21 feet to the south line of that parcel conveyed to Robert S. Bacon on the 12th day of April, 1985, and described in deed recorded in Official Record Book 4522, Page 406 of the Public Records of said County; thence, South 89 degrees 46' 28" West along said south line a distance of 10.14 feet to the west line of the Northwest One-Quarter (NW 1/4) of said Section 13; thence, South 00 degrees 00' 25" East along said west line a distance of 191.19 feet to the Point of Beginning. AND The South 19l.19 feet of the West 200 feet of the East 500 feet of the South 1/2 of the Northwest 1/4 of the Southwest 1/4 of the Northwest 1/4 of Section 13, Township 46 South, Range 42 East, Palm Beach County, Florida. - 3 - Ord. No. 21-94 . , -- j The subject property being located on the east side of Military Trail, approximately 2,100 feet north of Atlantic Avenue, at 14378 Military Trail; and i containing a 1.57 acre parcel of land, more or less. ! I Section 2. That the boundaries of the City of Oelray Beach, i Florida, are hereby redefined to include therein the above-described I tract of land and said land is hereby declared to be within the I corporate limits of the City of Delray Beach, Florida. I land hereinabove described Section 3. That the shall immediately become subject to all of the franchises, privileges, immunities, debts, obligations, liabilities, ordinances and laws to which lands in the City of Oelray 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 Oelray 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 the Future Land Use Map designation of the subject property is hereby officially affixed as GC (General Commercial) . Section 6. That the City of Delray Beach elects to make this small scale amendment by having only an adoption hearing, pursuant to Florida Statutes Section 163.3187(1) (c)4. Section 7. That Chapter Two of the Land Development Regulations has been followed in the establishment of a zoning classification in this ordinance and the tract of land hereinabove described is hereby declared to be in Zoning District GC (General Commercial) as defined by existing ordinances of the City of Delray Beach. 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. - 4 - Ord. No. 21-94 . Section 10. That this ordinance shall become effective as follows: As to the annexation and zoning, immediately upon passage on second and final reading; as to the small scale land use plan amendment, the date a final order is issued by the Department of Community Affairs or Administration Commission finding the amendment in compliance in accordance with Section 163.3184, Florida Statutes, whichever occurs earlier. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the Department of Community Affairs, Bureau of Local Planning, 2740 Centerview Drive, Tallahassee, Florida 32399-2100. PASSED AND ADOPTED in regular session on second and final reading on this the day 0 f , 1994. MAYOR ATTEST: City Clerk First Reading Second Reading - 5 - Ord. No. 21-94 . I N. W. JRD 51, ~ \...'" N.W - . WAZZA ORI'ot: :1 0::. If J~I z Wc:GOVERN OHI~ .-- - I L ~ 01'1'4 . oy<i\Ctf..- . ~ ~-- "-) '--::"CI1PQN7 L~KE I OS1. -.J ! ~----- - - HIGHPOINT WEST - I ~, - ,.. - 1~ ~ I') - ~--, t - 7 SPENCE . . I - PROPERTY . I ;- ~I ~- ;~ I - ~i . 0 - I CANAL L-~3 --- ---- .-. - CITY lilTS - . ... -{ :-( I t;;)({,\'~ ~tf..- t;;)'i,\'~'" ""Ctf..- <;Q'V . 'j..'t, ~ I ~~ . I - 1_ ~ . I . I . \ ------- ---- - ATLANTIC ) - CITY U"TS - - - - - - - r-I - - - - . . N I I BOV'S fARWERS teiARKET ~-- - ANNEXA lION . . tJA , C I T Y COM MIS S ION DOC U MEN TAT ION TO: DAVID T. HARDEN, CITY MANAGER ~ ~ - THRU: DI E DOMINGUEZ, DI~R DEPARTM NT 0 PLAN I AND ZONING ----..- FROM: SUBJECT: MEETING OF APRIL 12, 1994 FIRST READING OF ORDINANCE NO. 21-94 - ANNEXATION, SMALL SCALE LAND USE MAP AMENDMENT FROM COUNTY CIS ( COMMERCIAL HIGH INTENSITY) TO CITY GENERAL COMMERCIAL, AND INITIAL ZONING OF GC ( GENERAL COMMERCIAL) FOR THE BOY'S FARMERS MARKET. ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval on first reading of an ordinance annexing a 1.57 acre parcel of land, changing the Future Land Use designation from County C/8 to City GC (General Commercial)~ and applying an initial zoning designation of GC (General Commercial). The subject property is located on the east side of Military Trail, approximately 2,100 feet north of Atlantic Avenue. BACKGROUND: On February 8, 1994, an application for a land use plan amendment and annexation with initial zoning were submitted. The request included all three (3 ) of The Boys' holdings, containing approximately 2.89 acres. If the City were to annex all 3 parcels, an enclave would be created immediately to the east (ref. Florida Statutes, Chapter 171). In order to avoid the creation of an enclave, two options were available: either include the three properties to the east (2 residences) with the annexation, or exclude the Boys' north parcel ( 1. 32 acres) from the annexation at this time. With respect to the first option, the property owners to the east were notified of the annexation and did not wish to participate at this time. Therefore, the land use map amendment and annexation only relates to the two parcels that comprise the southern half of the Boy's property (1.57 acres). . City Commission Documentation Meeting of April 12, 1994 First Reading of Ordinance No. 21-94 - FLUM Amendment, Annexation and Initial Zoning for The Boy's Farmers Market Page 2 The property contains The Boy's Farmers Market which has a 4,648 sq. ft. farmers market (flower and produce shop) with outdoor display area and associated parking. The proposed Future Land Use designation is General Commercial and the proposed zoning designation will be GC (General Commercial). 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 March 21, 1994, the Planning and Zoning Board held a public hearing in conjunction with review of the request. There was no public testimony in opposition to the annexation and zoning. However, two area residents expressed concerns over noise associated with the market, and over.the existing traffic circulation at Military Trail and Lake Front BoulevardlPost Office (Highpoint Lake Dr i ve) . The applicant's representative stated that an alternative access was being designed. When the market is annexed into the City, a site plan will be submitted for improvements, which will include an improved traffic circulation system. He stated that noise issues would also be addressed in the plan. The Board voted 6-0 (Golder absent) to recommend that the requests~~pproved. RECOMMENDED ACTION: By motion, approval of Ordinance No. 21-94 on First Reading and setting a public hearing date of May 3rd. Attachment: * P & Z Staff Report and Documentation of March 21, 1994 * Copy of Ordinance No. 21-94 YoCCBOYS.DOC - . . . Pir-ANNING AN~ ZONING SOARL, I I CITY OF DELRAY BEACH --- STAFF REPORT --- , MEETING DATE: March 21, 1994 AGENDA ITEM: IV.B. ITEM: Annexation, Small Scale Land Use Plan Amendment and Initial Zoning of the Boy's Market, Military Trail. GENERAL DATA: I , I I III I ! I i Owner....................Anthony' Elizabeth ranelli I' Agent................... .Gerald B. Church I Location.................Approximat.ly 2,100 f..t ;1 north of Atlantic Avenu., on the ea.t .id. of lI:I Military Trail. roperty 51z.............1.57 Acr.. lIIIC County Land Use Plan.....C/8 (Comm.rcial- Resident1al equ1valent of 8 unit./acr.) HICHPOlNT WEST Propo..d C1ty Land U.. Plan ee.ignation.........G.n.r.l Co...rci.l Current County Zoning....AR (Agricultur.l Re.id.nti.l) Proposed City zoning.....Ge (Gen.ral Comm.rcial) SPENCE PROPERTY Adjac.nt Zoning...North: AR - County Ea.t: AR - county South: Ge - City W..t: RS (Sln91. ,..lly Re.identlal) - county Existing Land U..........lxl.tlD9 f.~r. mark.t (r.t.ll u..) Wat.r Servic.............W.t.r ..rvlc. currently .xi.t. ...' ~...-( # ' rP pI-~ vi. . ..rvic. lat.ral conn.ction ~ to . 12- w.t.r main along Milit.ry ~~~ Trail. S.w.r Servic.............A ..ptic .y.te. .xist. on-.it.. City s.w.r s.rvic. is available via connection to .n .xi.ting 4" ..w.r fore. ..in located along the ..st .id. of Military Tr.il. TV.B. . I T E M B E FOR E THE BOA R 0: The item before the Board is that of making a recommendation on a voluntary annexation (pursuant to Florida Statute 171.044), a Small Scale Land Use Map Amendment from County C/8 (Commercial High Intensity) to City GC (General Commercial), and initial zoning of GC (General Commercial). LDR Sections 2.4.5 (A) , (C) and (D) provide rules and procedures for the processing of this petition. The subject property is located on the east side of Military Trail, approximately 2,100 feet north of Atlantic Avenue. B A C K G R 0 UNO: The subject property is currently located in unincorporated Palm Beach County with an AR (Agricultural Residential) zone designation. However, the property is located within the City's Planning Area and is eligible for annexation. Palm Beach County records indicate that building permits were issued in 1981, for the construction of a greenhouse and shade house. The property has been utilized as a farmers market for several years. Presently, retail sales are not an allowable use under the County AR zoning designation, thus the farmers market (retail) is nonconforming. In 1990, an application for a Water Service Agreement was submitted to the City, however, the agreement has never been executed. On February 8, 1994, an application for a land use map amendment and annexation with initial zoning were submitted. The request included all three (3) of The Boys' holdings, containing approximately 2.89 acres. If the City were to annex all 3 parcels, an enclave would be created immediately to the east (ref. Florida Statutes, Chapter 171). In order to avoid the creation of an enclave, two options were available. Either include the three properties to the east (2 residences) with the annexation or exclude the Boys' north parcel (1.32 acres) from the annexation at this time. With respect to the first option, the property owners to the east were notified of the annexation and did not wish to participate at this time. Therefore, the land use map amendment and annexation only relates to the two parcels that comprise the southern half of the Boy's property. That action is now before the Board. PRO J ! C T o ! S C RIP T I 0 K: The territory to be annexed includes two parcels noted on the Palm Beach County Property Appraiser's Map as parcels 315 and 319 having a combined acreage of 1.57 acres. The property contains The Boy's Farmers Market which has a 4,648 sq. ft. farmers market (flower and produce shop) with outdoor display area and associated parking. The proposed Future Land Use designation is General Commercial and the proposed zoning designation will be GC (General Commercial). . P & Z Board staff Report The Boy'S Farmers Market - Voluntary Annexation Page 2 ANN E X A T ION A N A L Y S I S: 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". * The property is contiguous with the City, reasonably compact, and its annexation will not create an enclave. The annexation will reduce an existing County enclave area. Land Development Regulations Governing Annexations. Pursuant to the Land Development Regulations Section 2.4.5 (C)(I) "the owner of land may seek the annexation of contiguous property, under his ownership" pursuant to Florida Statutes. COM PRE KEN S I V E P LAN A N A L Y S I S: CONSISTENCY BETWEEN THE CITY AND COUN'l'Y LAIQ) USE MAP DESIGNATIONS: The City's proposed Future Land Use Map designation for these properties is "General Commercial". The County's Land Use designation for these parcels is C/8 (Commercial - Residential equivalent of 8 units per acre) . The City's "General Commercial" Land Use designation is consistent with the County's C/8 designation. The City's FLUM designations as initially contained on the City's Future Land Use Map adopted in November, 1989, ( and as formally amended subsequently) are deemed to be advisory until an official Land Use Amendment is processed. ADJACER'l' LAIU) USI MAP DESIGNATIONS AND LAIQ) USES: The Land Use Map designation to the north is Palm Beach County C/8 (with an advisory City designation of General Commercial); South is City General Commercial; East is Palm Beach County C/8 (with an advisory City designation of Transitional); and, west is Palm Beach County HRS (High Residential - 8 units per acre) (with an advisory City designation of Medium Density Residential 5-12 units per acre) . . P & Z Board Staff Report The BOY'S Farmers Market - voluntary Annexation Page 3 The existing Land Uses are residential to the west (Highpoint West) ; vacant to the north; residential and vacant to the east; and, commercial to the south (Shoppes of Delray). CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN: Designated Annexation Area: The territory to be annexed is located wi thin "designated annexation area No. 4" on the east side 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 propert.ies 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 El 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 more manpower to respond in this area; 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 IlDergency 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 6 minutes of the County Fire Department (Indian SpringslMilitary Trail' Woolbright Road) to approximately 2.5 minutes for the City's Fire Department (Fire Station No.4 at Barwick and Lake Ida ROads). . P , Z Board Staff Report The Boy's Farmers Market - Voluntary Annexation Page 4 Water: Water service currently exists via service lateral connection to a 12" water main located along the east side of Military Trail in front of this property. This water is being provided without a water service agreement which is required for properties that are not within the City limits. As the property to the north is not included in this annexation, a water service agreement is being executed along with the annexation. This agreement will ensure that water is available for development on the north parcel, and will provide a mechanism for future annexation of that property. Fire suppression is available along the east side of Military Trail by existing fire hydrants approximately 300' north and 500' south of this property. It is noted that with any new development, installation of a fire hydrant.may be required. Sewer: The property is not receiving sewer service. Sewer service is available upon payment of standard connection fees and the installation of a private lift station. The private lift station would be necessary as the nearest sewer connection is to a force main along the east side of Military Trail. Streets: This property has direct access to Military Trail. Military Trail is under the jurisdiction of Palm Beach County. The jurisdictional responsibility and the associated maintenance responsibility will not change upon annexation. parks and Open Space: The annexation of the commercial property will not create an additional impact on park and recreational facilities. Financial Impacts a Effect Upon Annexed Property: For the 1993 tax year the two subject parcels which make up the Boy's Farmers Market have a combined assessed value of $189,522.00. With the change from County to City jurisdiction, the following taxes and rates will be affected: Ad Valor_ Taxes Millage With Annexation FirelRescue MSTU 2.6201 Deleted (County) Library .3915 Deleted (County) City Of Delray Beach 6.8600 Added (City) City of Delray Beach Debt 1.1400 Added (City) --------- 4.9884 Difference. * Total tax millage in the County is 20.0772 mills while in the City the total millage rate is 25.0656 mills. . P & Z Board Staff Report The Boy's Farmers Market - Voluntary Annexation Page 5 The current yearly ad valorem taxes are $3,805.07. With annexation the yearly ad valorem taxes will be $4,750.48; a tax difference of $945.42. In addition to property taxes, the following Non Ad Valorem fiscal impositions apply: Delray Beach Storm Water Utility - This City assessment will be approximately $555 based upon the combined (100') impervious area of the buildings, parking areas, etc., and a 25' reduction within the Lake Worth Drainage District area. If drainage is retained on-site, an additional 25' discount may be available. Solid Waste Authority - The Military Trail area is currently serviced by South Florida 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 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 franchise term whichever is shorter". As the initiation of the annexation occurred within the six month time period, the waste service provider will change with the annexation. The flat rates for commercial properties will remain the same at .064 per sq. ft. of building area. These flat fees cover disposal and the base fee only. Collection rates will be negotiated with Waste Management on an individual basis, and will vary depending on dumpster size and frequency of pick up. occupational Licence Fee. - Upon annexation The Boy's Farmers Market will be required to obtain a City of Delray Beach Occupational License. This license will be in addition to the current County license fee ($30). The City license fee for a retail operation is $80. However, an occupational license issued after April 1st is reduced by one-half the cost that is normally a..e..ed. Pursuant to the Busines. Cross Reference Directory, there are three (3) separate businesses existing on-site. Thus, a license is required for each business. The license fee tor Calendar Year, 1994, will be $120. The license fee for CAlendar Year, 1995, is estimated to be $240. Water/Sewer Rate. - The Boy's Farmers Market is currently served by municipal water. Typically, properties not located within the City are assessed an Out-of-City surcharge. However, the property has been charged the standard City rate, therefore, there will be no reduction with respect to the water rate. R..ulting Impact. to Property OWner. P & Z Board Staff Report The Boy's Farmers Market - voluntary Annexation Page 6 TABLE A SUMMARY OF IMPACT ON THE BOY'S FARMERS MARKET FINANCIAL CONSIDERATIONS: AD VALOREM TAXES (Change from 93/94 county of 20.0772 to City 93/94 rate 25.0656 mills.(4.9884) +$ 945.42 NON AD VALOREM Stormwater Assessment +$ 555.00 Solid Waste Collection NA WATER , SEWER UTILITY FEES $ .00 Currently receiving water at City rate OCCUPATIONAL LICENSE FEES +$ 240.00 ANNUAL FINANCIAL IMPACT: +, 1,740.42 NA - Data not available SERVICE CONSIDERATIONS: FIRE RESPONSE + Faster response time from (estimated time) 6.0 minutes (County) to 2.5 minutes (City). EMS + Faster response time from (estimated time) 6.0 minutes (County) to 2.5 minutes (City). POLICE + Better response based upon more officers in field. COOl INI'ORCIMINT + Pro-active vs reactive opportunity to work with property owners Fiscal Impacts to the City: At the 1993 City operating millage rate of 6.86 mills and debt rate of 1.14 mills, the property will generate approximately $ 1,508.18 in ad valorem taxes per year. Additional revenues will be realized through the annual collection of the stormwater assessment fee ($555 annually) as well as occupational license fees (approximately $80 annually), utility taxes (9.5' electric, 7' telephone) and franchise fees on electric, telephone, and cable. . P & Z Board Staff Report The Boy's Farmers Market - Voluntary Annexation page 7 TABLE D COMBINED FINANCIAL IMPLICATIONS TO THE CITY GENERAL FUND AD VALOREM TAXES +$ 1,508.18 PER CAP REIMBURSEMENTS: .00 UTILITY TAXES: Electric (1): +$ 74.76 Natural gas (2): .00 Phone (3): +$ 7.69 FRANCHISE FEES: Electric (4): +$ 47.22 Phone (5): +$ 1.10 Natural Gas (6): .00 Cable (7): .00 OCCUPATIONAL LICENCE FEE : +$ 240.00 STORMWATER ASSESSMENT UTILITY FUND ASSESSMENTS: Stormwater Assessment +$ 555.00 SEWER AND WATER UTILITY FUND UTILITY SERVICE FEIS: Water Utilities .00 Sewer Utilities .00 ANNUAL TOTAL: +$ 2,433.95 NA - Data not available (1) Electric Utility Tax based on 9.5' commercial (2) Natural Gas Utility Tax based on 8.5 . of Gas bill (3) Phone Utility Tax based on 7. of phone bills - business accounts are a minimum of $36.60 (4) Electric Franchise fees based on 6. of FPL bills (5) Phone Franchise fee based on 1. of phone bill (6) Natural Gas Franchise fees are based on 5. of gas bill (7) Cable Franchise Fees are based on 3. of cable bill . P & Z Board Staff Report The BOy's Farmers Market - Voluntary Annexation Page 8 Z 0 N I N G A N A L Y S I S: The proposed City zoning designation is GC (General Commercial) and the current County zoning designation is AR (Agricultural Residential). The surrounding zoning designations are: County AR to the north and east; City GC to the south; and, County RS (Single Family Residential) to the west. The City zoning designation of General Commercial represents the prevailing use of the property. Upon annexation only the City zoning designation is applicable. R E QUI RED FIN 0 I N G S: (CHAPTER 3) Pursuant to Section 3.1.1 (Required Finding.), prior to the approval of development applications, certain finding. mu.t be made in a form which i. part of the official record. Thi. may be achieved through information on the application, the Staff Report or Minute.. Pinding. shall be made by the body which has the authority to approve or deny the development application. These findings relate to the following four area.: FUTURE LAND USE MAP: The use or structure. mu.t be allowed in the zoning district and the zoning district mu.t be consistent with the land use designation. The proposed GC zoning designations is consistent with the underlying "General Commercial" Land Use Designation. The existing farmers market use (retail) is allowed as a permi t ted use in the General Commercial zoning district, thus when annexed the use will be a conforming use. CONCURRENCY: Facilities which are provided by, or through, the City .hall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilitie. .hall be provided pursuant to levels of service established within the Comprehen.ive Plan. The proposal involves the annexation of existing development. There will be no changes in the manner that drainage, and sewer will be provided. Fire, Police, EMS, and solid waste will shift to a different provider; however, all of these services will be equal to or enhanced (see annexation analysis for details). It is anticipated that connection will be made to the City's sewer system post annexation. . . P & Z Board Staff Report The Boy's Farmers Market - Voluntary Annexation page 9 COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: Upon annexation, the property will come under the development regulations of the City. The property has a number of deficiencies as they relate to the City's Land Development Regulations i.e. perimeter and internal landscaping, parking, etc. Any future modifications to the site must comply with the Land Development Regulations. The following are some of the significant items that have been identified: Outdoor Display: There is an area adjacent to the building which is devoted to outdoor display of fruit and vegetables, which is allowed pursuant to LDR Section 4.6.6(B) (Allowable Outside Usage) . The exact square footage devoted to outdoor display has not been determined. However, the outdoor display area is not to exceed 10% of the square footage of the interior of the building which contains the main use. If the outdoor display area exceeds 10% of the floor area, it can remain as nonconforming. However, it is noted that if the outdoor display area impedes or prevents access for emergency purposes, the Fire Marshal may require removal or modification of the display area. [ref. LDR Section 4.6.6(C)]. Billboard': There is an existing billboard located at the southwest corner of the property. When a sign which does not comply with the provisions of Section 4.6.7 (Signs), the sign must be removed upon annexation. Staff will work with the property owner in order to obtai~ compliance. Perimeter Landscaping: Presently, there is no perimeter landscaping adjacent to Military Trail. It is anticipated that once annexation has occurred, a site plan submittal will follow. This item will be addressed with the site plan review. Access Easement: The property owner has been cited by Palm Beach County for installing a commercial parking lot (shellrock) which is not an allowed use in the County AR zone district. The parking lot is located on the north parcel which is not included in this annexation. As the customers were parking on the north parcel, they were utilizing the access easement along the north side of the property, which provides access to the single family residence. to the east, as a secondary access point for the market without obtaining approval. This easement intersects with Lake Front Blvd./Post Office entrance (Highpoint Lake Drive) and Military Trail. The large volume of vehicles exiting the market conflict with the vehicular movements at the intersection, thus creating a traffic hazard. Presently, the access easement is not being utilized for customer access. The applicant is working with Palm Beach County Traffic Division and City staff to address the access issues related to this property. P & Z Board Staff Report The Boy's Farmers Market - Voluntary Annexation Page 10 Shellrock Parkinq Area: There is an existing shellrock parking area on the subject property. Compliance with City regulations will be obtained with the anticipated site plan submittal. CONSISTENCY: Compliance with the performance standard. 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 i. to be made. Other objective. and policies found in the adopted Comprehensive Plan may be used in making of a finding of overall con.i.tency. Section 3.3.2 (Standards for Rezoning Actions): Standard. Band C are not applicable with respect to this rezoning reque.t. The applicable performance standards of Sect.ion 3.3.2 are a. follows: A) That a rezoning to other than CF within .table re.idential areas shall be denied. The subject property is not within a designated residential area. Thus, this standard does not apply. B) That the rezoning shall re.ult in allowing land u.e. which are deemed compatible with adjacent and nearby land u.e. both existing and proposed; or that if an incompatibility may occur, that sufficient regulation. exi.t to properly mitigate adver.e impact. from the new u.e. The initial zoning designations represent the existing commercial land use. The commercial zoning designations are compatible with adjacent commercial uses, to the south and the post office, to the north. The residential properties to the east and west, across Military Trail are adequately are screened by a hedge and wood fence. Section 2.4.5(D)(5) (Rezoning Finding.): Pur.uant to Section 2.4.5(0)(5), in addition to the provi.ion. of Section 3.1.1, the City Commission mu.t mu.t make a finding that the re.oning fulfill. one of the rea.on. for which the rezoning chang. i. being sought. The.. rea.on. include the following: a. That the zoning had previou.ly been changed, or wa. originally e.tabli.hed, in error; b. That there has been a change in circwutance. which make the current zoning inappropriate; . . P & Z Board Staff Report The Boy's Farmers Market - Voluntary Annexation page 11 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 .ite andlor neighborhood. The applicant has submitted a justification statement which states the following: "The property is in the unincorporated area of Palm Beach County, however, it is within the City of Delray Beach reserve areas. Both contiguous properties to the north (Post Office) and south (Shoppes of Delray) have been annexed to the City and they have been developed as strip commercial. The Fanelli property is a farmers market, with County Zoning - Agriculture. The requested zoning is for General Commercial which is consistent with the present use and adjacent commercial properties." Comment: The justification statement addresses Item "c" as the basis for which the rezoning should be granted. The requested zoning is of similar intensity as that allowed under the proposed City General Commercial land use designation and the existing County C/8 land use designation. Further, the GC zoning is more appropriate given the existing use of the property and its location, as it is situated between a shopping center and the post office. REV I E W B Y o THE R S: The subject property is not in a geographic area requiring review by the CRA (Community Redevelopment Agency) to the DDA (Downtown Development Authority). If approval is granted, it is anticipated that a site plan application will be submitted for review by the Site Plan Review and Appearance Board. Palm Beach County Notice: On February 28, 1994 the Palm Beach County Planning Division was notified of the City's intent to annex this property. To date, a response has not been received. Notice of the Land Use Plan Amendment was also provided to the Interlocal Plan Amendment Review Committee (IPARC) which distributes the information to all adjacent municipalities. Public Notice: Formal public notice has been provided to all property owners within a 500 ft. radius of the subject property. Courtesy notices were also sent to the Homeowner's Associations of Highpoint Sections 1-7. Letters of objection, if any, will be presented at the Planning and Zoning Board meeting. P & Z Board Staff Report The BoY's Farmers Market - Voluntary Annexation Page 12 ASS E SSM E N T AND CON C L U S ION S: Accommodating the annexation of this property and affixing an initial City zoning designation of GC 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 (base year value 1985), stormwater assessment fees, and associated utility taxes and franchise fees, which will result in a net increase to the City of approximately $2,043.95 a year. Concurrent with this annexation, a water service agreement is being executed. This agreement will ensure that water is available for development on the north parcel, and will provide a mechanism for future annexation of that property. The property has a number of deficiencies as they relate to the Land Development Regulations. One of these, is the existing billboard at the southwest corner of the property, which is required to be removed upon annexation. Staff will work with the property owner to obtain compliance. If the annexation is approved, it is anticipated that a site plan submittal will follow. With the site plan many of the existing deficiencies will be eliminated. A L T I R N A T I V I S ACT ION S I A. Continue with direction. B. Recommend approval of the annexation, small scale amendment from C/8 to GC and an initial zoning designation of GC (General Commercial). C. Reco..end denial of the annexation, small scale amendment and initial zoning with the basis stated. STAFF R I COM M I R D A T lOR: Recommend approval of this annexation, small scale land use amendment from C/8 to GC , and initial zoning designation of GC (General Commercial) based upon positive findings with respect to Section 3.1.1, Section 3.3.2, policies of the Comprehensive Plan, and the following: . . P & Z Board Staff Report The Boy's Farmers Market - Voluntary Annexation Page 13 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: * Location Map * Palm Beach County Property Appraiser's Map * Survey JC/TIANNBOYS.DOC . PALM BE:\CJ-l COUNTY GARY R: NtKOLITS PW)PERTY .-\PPRAlSER RGE TWP SEe AERIAL N 42 46 13 NO II -J @ 305 - <( 0 . 4.~(A: a: l- I .. @ 3/8 308 . -- . S.22AC. S,32 AC. .a 311.1 312 ~ 0 ex: 302@ @ .- > 316 ., 306 5t a: 246AC. 2.43 AC. '" < .... .l~i'3J PROpr~~D T~y BF~:=;~L~;D .... - . ...J . '9(\ -', 3~'~P JJ.~I @ ~ . 309 -' 5t ... . 1 - . -- ~ ~ PROPERTY NOT INCLUDED 124 AC. - 1.305 AC. (OWNED BY F ANNELLI) . t' N ~. -.. 11" ~ -,,,4, 2 i1 ' -. .~:., ,''''.- ~- -------- - .---- , 'I...... -- t' ~ . \. ... -.. . ., .z ... 4 "" 6 : if" ", ~.' ,. .:.. '.,. ... ,1& .~... __'.f '_.: ".. .---- --- ---- - -- - .,,~, ..",. I ... _ ____ _ _._ - - ..- - ---- - _......::L:. .=~ II '. " IJW~ .."., I. I I ",1" "..." .. ~ I ,.; " ! , I' I ~ i ; ~ . i - i :1 I ~ ---.. \"'\ I ~ rJo1" : 'D ' ~!"l ~: I . 1)~ ~ ~; . IIl'~ A~~v ~ t /' ,~ ~~ ~ , ~ , " ~~ I 1\ ' ' ~ .Q , ~; ~ . : I ~ ~. . i ~ . .. '~N ,,., . t\ ,. r '''.6 "II>. .. I' . - .. ,.. "',. ~ h. ( . ~ t I ~ ~ I ~ " ~, ~ "\ . h: · ,- . -.' .;..~ HI. , .., ~ I I .. . I' -(..~;,- . II ~ S I - -r-- "'-"'/ '-__- - - - .... . . , ....~ .-il.,.-JI ("6'1111'" .. ~ 6 ..;~ . r ~. '" . . ,-." ... 10. t! ~ ~ ;..., . 'c ~ " . ~,: \~I f ~"t?"l/t'C- S'''~ ., . .. ~ ~ ' ~ iL ~, \:0' ~~' ~ .runv"" SN*'''' ~ ( , ~ I ... ~ ~. ..; :, II' .. ... .. 0: . . '.. ",~ I,.,.. C'\. " , ,~,.." \- . ~!- .. 1:'_ _" ~ CI") ~ '~'_L~!-~~'4 . \-... ~ . -...:A .'#6' t t 1'\. '" , ~~ - H_I_ - / -:; ----. ----oJ ta . I \ I " ,,_ . I \ I '"' , / i I ~l I" 6 , s" \ I' , :':' b _.." . ';. i:. - I -. ~ . --{] - ..w.. .. ..... .W., -~. .,." .,."...... N. "."" I'",''' II ,..".' _ ~ '....r PI '........... ... ..- "''''A''' _.- - -------.--...., - .4._ 17. ...... .-.,' -,.~,,,- I.".", .a_. . ' ..:j _ ._. ,rc" ~ r - t..-:. :.-:.1:; ~'. _. \. ~';,~ ~~': .":,-_.:: ~~~ """'" ....,(!, ~. .. 11,.-"", .4 'AI> ".9 .... .. - - - - "".. "* ~y', ~~,-,.aS rr. Sc.J~VE v . . -. , Burt Aaronson County Commissioner District Five March 29, 1994 Mr. Theodore Levin, President High Point of Delray West Condominium Association Section I, Inc. 5230 Lakefront Boulevard Delray Beach/ FL 33484 Dear Mr, Levin: I am enclosing a copy of an inter-office communication from Mr, Charles R, Walkeri Jr,/ P.E., Director of Traffic Division In response to your letter of March 2/ 1994. They have addressed your suggested solutions and have indicated the County's plan to correct the problems. Would you please review the enclosed and, if you do not agree with the proposals, please contact my office for further review. Si_~ce~reyllY' / ,. - l- 'I' p~ ... [/./' Burt Aaronson County Commissioner District 5 BA:hg encl. "An Equal Opportunity - Affirmative Action Employer" 301 N. Olive Avenue West Palm Beach, Florida 33401 (407) 355-2205 @ptinledOnrBCycledpape, 345 S. Congress Avenue Delray Beach, Florida 33445 (407) 276-1310 . , . ..", " INTER-OFFICE COMMUNICATION PALM BEACH COUNTY March 23, 1994 TO: Commissioner Burt Aaronson Board of County Commissioners - District 5 THRU: Edwin A. Jack, P.E. ~ Deputy County Engineer FROM: Charles R. Walker, Jr., P.E. Director - Traffic Division RE: LAKE FRONTBLVD./POST OFFICE & MILITARY TRAIL The Palm Beach County Traffic Division is in receipt of a letter from the High Point of Del ray West Condominium Association regarding the intersect i on of Lakefront Boulevard/Post Office and Military Trail. We have revi ewed thei r comments and offer the following response to their outlined solutions: A. Extend the timing of the .WALK" sign on Military Trail and lal<efront Boulevard. The total crossing time to cross Military Trail at this intersection is 31 seconds. This is based on an average crossing speed of four feet per second. Although the operation of Palm Beach County's pedestrian signals are based on national standards, there is some confusion among the general public on how they work and what the different signal indications mean. We believe this may be why the comment was made. Our previous experience indicates that the pedestrians have more time to cross than they believe because they don't understand what the pedestrian signal is telling them. Therefore, the following explanation of how WALK/DON'T WALK signals work and what the messages mean is offered to clear the confusion: To activate the pedestrian signal, the pedestrian must push the button located on the signal pole or pedestal. This button must be pushed every time a pedestrian wi shes io cross the roadway. If the button is not pushed, the "Walk" indication will not show. Steady Walk: This indication shows first in the cycle. It means that the pedestrian may begin to cross the road (within the crosswalk). Flashing Don't Walk: When a FLASHING DON'T WALK signal appears, the pedestrian should continue to walk in the crosswalk at a normal pace. There is enough time finish crossing the roadway. However, if the pedestrian has not started to cross the road (stepped from the curb), he does not have enough time to get all the way across the road before vehicle traffic is released. . . . .. March 23, 1994 Commissioner Aaronson Page 2 Steady Don't Walk: When this indication shows, pedestrians should not enter the roadway in the direction of the pedestrian signal because the release of vehicle traffic is eminent. Please note that the total crossing time for a pedestrian to get across the road includes the WALK time plus the FLASHING DON'T WALK time. At the subject intersection, this total crossing time is 31 seconds to get across Military Trail {WALK = 7 seconds; FLASHING DON'T WALK = 24 seconds}. In addition, there is a 4-second yellow and 2-second red clearance interval before vehicle traffic is released on Military Trail. This 37 seconds is sufficient time to safely cross Mil itary Trail. We believe that after the first seven seconds of "WALK" indication, the area residents don't realize they have an additional 30 seconds before vehicle traffic gets their green light. Distribution of this information should clear the confusion. B. Install a "NO U TURN" sign on Military Trail and Lakefront Boulevard. The intersection has adequate storage lanes on the north and south to permit U- turns. A record check of accident reports for a twelve month period revealed three reported accidents, none of which applied to U-turns. However, because the south approach left turn arrow is on simultaneously with the west approach right turn, and the U-turns from the south approach are quite steady, the Traffi c Division will be installing a "U-Turn Yield" sign. C. Instruct "The Boys" to close their gate on 143rd Place. As of this date, the gate between The Boys market and 143rd Place has been closed. The intent is for it to be a permanent closure. They are currently working on possible geometric changes to their site to accommodate a direct access to/from Military Trail south of the signal. 143rd Place will remain as a minor access road for two single family homes. I hope this information meets your needs. Please let us know if you have any further questions. ~~ Charles R. Walker, Jr., P.E. Director - Traffic Division --Kif} CRW:RJM:clr file: Intersections - Lakefront Blvd./143rd Place & Military Trail rjm\lfbpomt . ~~~~ CLUBHOUSE ~OF DELRAV WEST (407) 499-9175 OFFICE CONDOMINIUM ASSOCIATION SECTION I, INC. ( 407) 495.2310 5230 Lakefront Boulevard Delray Beach. Florida 33484 March 2 , 1994 County Commissioner Burt Aaronson 301 North Olive Avenue West Palm Beach, FL 33402-1989 Dear Commissioner Burt Aaronson: IT IS NOW TIME FOR ACTION ! l. On February 24, 1994 there was an accident (please see the enclosed) involving 3 vehicles. One of these cars went onto the paved sidewalk, up the enbankment (approximately 25-30'), broke through our 8' hedges (about 7-8' in width) , down the enbankment (approximately 25-30'), onto 2' X 2 ' cement walks, demolishing all of the foliage, cement garbage cans and shrubbery,and ended up at the rear of Unit D. It could have been worse if one of our unit owners was taking his/her usual stroll on Military Trail, or if someone was taking the sun on the back lawn, or out taking the wash in from the Laundry Room. All this could have been avoided if there was a "No U Turn" sign on the corner of Military Trail and Lakefront Boulevard. 2. The traffic light on Military Trail and Lakefront Boulevard had a left turn signal light, which worked very well. Early 1992 found that signal removed, but leaving a left turn arrow activated by 2 or more cars in left lane of Military Trail going north at traffic signal. This proved to be very danger- ous . . . a few accidents and many close misses. 3. Our Joseph Leavitt spoke to the Engineering Department, Traffic Division, which was responded to by Rebecca Glauz (684-.4030) . Report stated that traffic lights could handle the traffic. 4. Mr. Leavitt wrote on April 1, 1992 to "'I'raffic Watch" columnist Fred Lowery, of the Sun Sentinel. Inquiry was published, writ- ing that Chris Mora, Traffic Division, had explored the site and deemed it okay. - . County Com. Burt Aaronson March 2, 1994 Page 2 5. April 1993 Joseph contacted your office, having Charles Walker of Engineering inspect at site. "The intersection has suffi- cient storage lanes to handle the traffic." Petitions signed by hundreds of residents of High Point West Sections I, II and III were enclosed with that letter to your office. Mr. Leavitt was asked to contact Jason Weber (684-4030) of Engineering for further questions. 6. At no time during the aforementioned inspections was Joseph Leavitt notified to be present. If he was not available, we would have had other suitable representation which could ex- plain some of the situations that prevail. SOLUTIONS A. Extend the timing of the "WALK" sign on Military Trail and Lake- front Boulevard to afford seniors sufficient time to reach the other side without being hit by fast-moving vellicles. B. Install a "NO U TURN" sign on Military Trail and Lakefront Boulevard to avoid accidents between "Boys" shoppers and right- turners from our development. Going a block further to make a U turn should not be a terrible inconvenience for any driver. C. Instruct "The Boys" to close their gate on l43rd Place since there 1S no sign or signal there, and to have only one entrance and exit on Military Trail (as before). We witnessed the chaos where some of the cars leaving l43rd Place, nlake a right, drive on the sidewalk and make another extreme right to the Post Office. CONCLUSION We are encouraged to use prevention ln the medical field. We are required to pay estimated taxes to the federal government in anticipa- tion of sums due. Car maintenance is always stressed for safety's sake. All sensible foresights. However, this does not apply to the Traffic Engineering Departments. Its position seems to wait for bodies going to hospitals or morgues before taking action. We don't enjoy ex- periencing all the near "misses" of accidents. Let's move on this BEFORE it's too late for someone! V~;h!t~/~ T o~ore, L,-~~ . P Je tt, C1V1C M~tters msh . County Com. Burt Aaronson March 2, 1994 Page 3 Enclosures: * Accident Report Papers of incident on February 24, 1994 * Sun Sentinel Article of April 1, 1992 * June 3, 1992 Action/Data Request Form * June 12, 1992 Inter-Office Communication * June 24, 1992 letter from Carole Phillips * Burt Aaronson letter May 10, 1993 with April 6, 1993 Palm Beach County Citizens' Service Form. * Traffic Map and overlay of possible accident patterns. CC: Ms. Suzanne Jacobs - Representative - District 88 990 South Congress Avenue, #4 Delray Beach, FL 33445 Postmaster General Mr. Richard Sherrill 14280 South Military Trail Delray Beach, FL 33484 Mrs. Rebecca Mulcahy Palm Beach County Traffic Division 160 Australian Avenue West Palm Beach, FL 33406 . 2 0 DRIVER'S REPORT OF TRAFFIC CRASH ~A~CR~~'~e~u~~~:~~:!:f~~li:~f' . . _ . . . . _ _ . . . . _ . . _ . . . _ . . . _ . . . _ _ . . . . . . . . . , . . . . _ . . _ . . . _ . . . . . _ . . . _ _ . . . _ . _ ! . TIME OFFICf:R NOTIFIED TIME OFFIl:ER IIRRIVED I INVEST. I\GEI<<:Y REPORT NUMBER . HSMV CRI\SII REPORT NUMBER' . , ..' OOIM /2''- DAM,,......., e:tn"'11 ') "J/:V, DPM _0"" (3'PMI'7,,-Y"J-.2'='9t:.~O{,, jD ,;IB'~r!~"v','\')\a' ~f":j~'1?#.' "~:' ::I..-~~,9r't~!\\EWf'~ ~f'~!~\"'4!JU".)i~~<r6r-.~'/,(J, '~~i!!~-'(I~" ':~,;,~v~',;~?;.rAr~,~'} 854577210 , ";'~I\'< it =1 <, 'I r, " 10 !', " ." ,,1, '< 'j '~.. 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Uot ry1 = S ( A... 1:""_ I 7.J 7 - 7:; J J =E I ArttM- ' -I 31/~ s 5"Y ~ l:'.:-7;;:"'-- L:;:J j PIIS~ER'S NIlME _/ 1l0000SS lPWmber .1Id Sr,e.!} CITY IIND STIlTE lIP CODE f~~/ ' /~,tIY..f T.It IE/V-4F/1 .,SII'H/.f /21 /?tc.v/E I PIISSEMlER'S NAME AOORESS (Numbtr .m1 SI,e,,' CITY AND STIlTE lIP COOl: IIGE lI!!I,1 ",~~~Jj~l. .:~,I(~1iJ l1NNERN". IIIlIlllESS-~tndS"ee'~? I~".M(/, . . - . '. ',1 1166Nk~~~'~- /O/,fffo(/Jrnx fFr/ / .r2f~ L~R,r4<lIIltJ.{ ',' .. . '. ~ '.;"~ .Num/ler InIf ,1In<<! ~. " ','''''.P, . .. 1\ ~r <. . . ;., CIty 18WI . . ,." WITNESSES ..~....:r;! i '1:,.,~.,l~.~~".~.r~..I::;. ~~.:S~'.~".\I.\,,(. .";".1~~ aI. :<-WJ0~~~.i'~1~i.~1 '~lJJ..I~-i:t:.,.',\Ij"~ f{j'l!J,'~,~, ,.)'y.,""'.'; othftthett ".-,\, .\ ," l\ ", .",~~j"::,~1'~1.. -".' , . ~....'~ '.iT.~i.'\~,~~~~~ " .~f. ~n~~r~-:'J"'''' '.'. ;.}t:...:. PIISSENf.l(RS 'l'ti.!' . "J".,' '.".".',.,;,iM..."'1~t..:i:.'-~'t~I~~. "'fl'ij.,\IV~" "_~j' ~;" ii,' ,i/,~.\;~':ti;'i~;E~!!~~ I"~ . '. .~~'i\'j.t . 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Ct 0-0>\..,- 'oJ \ \ \ ~ ~ h,DF\CI' G) ~t.,.(.,9 "-^M- ~ ~,q I (,.u , ) . 1!L1.!:... ~t:-~_~_'.!~_.__~~_,,=7!jc.s)________ p;ol~(!l1 will fix roblems at Dixie, I-lidd n \i:~lley / After literally Yl'ars of com- RAFFIC WATCH plaints from JllLltllrists in UIe area, the intcrscdilln of Old 111xIC Freel l LlWUIY llighway and Hiddell Valley Buu- levaI'd in Boca Hatoll will be ::;hut I down on Monday for complete reconstruction_ Dul after the 30 days Ihe inter- scdioll is to be do::;ed 10 IrilHh:, motorists no longer will have to endure the hUIllJl just cast of the Florida East COilst Hailway Iracks, t lit' holes at Ihe cul'llcr 01' of Palm Beacll County's Traffic j the flooding that reaches all the Division, but was lum'~d :!vw II ue- way to Federal Highway- . cause the problem did not appear "We will be rai::;ing the level of to be serious cnough to warnJllt Dixie to meet the existing grade such a prohibition. of the railroad," said project en- "We haven't rejected it com- gilleer Tony Porter, "and it will pletcJy," he said, "we just need to take care of the Hooding problem get some more accident cxpen- on Federal at Ihe ::;allle time," ence before we say yes or no, We During the time tlle intersec- will wait until the next annual ilC- lion is dosed, he ::;aid, 1I0I'th.::;oulh cident report to see if any unu::;ual Dixie traffic will he detourcd tu number of accidents show up." .\ Federal, while traffic frolll the -Wayi(tgo'~ ---- west will be detoured via North- r west Second Avenue to the rail- Why is it, asked Barbara ,. road cros::;ing on Yamato Road, 1I0ru::;by of Boca Raton, the di- n Traffic on Fcderill will not he n:diullal ::;igns at her Florida's impeded, Purler ::;aid, but drain- TUl'llpikc inlerchange no longer age and trilICic illlprovements say "Buca Raton," but. have been will drIed the hlock oi iliduell changed to SilY "Glades Hoad," Valley between Dixie and "This ehange might be confus- Federal. ing to out-of-lown visitors who While it is scheduled to take :W may not be familiar with the days for the intersection to re- names of the roads,'- she said_ open, Porter said there will be an The dlange was made after re- additional 30 days of work after cent improvements to the inter- that to comjllete 1!ill2Ipject change were completed, said rodtr~i~lg traffic Kim Poulton of the turnpike's Fort Lauderdale office, and re- Joe Levitl of High Point west fleet a change in turnpike philoso- of Delray Beach suggested the phy in South Florida_ . confusing traffic situation on Mil- Officials are looklllg at the itary Trail north of Atlantic Ave- road now as more of a commuter nue, particularly in front of the route with increased local traffic western Delray Beach post of- than as a route serving primarily fice, might be cleared up a. bit drivers frolll other areas, she with some judicious sign said. This is the same philosophy placement. that lcd to the decision to replace "There are a lot of people who most of the toll booths and live at- shop at The Boys produce stand tendant.s with coin-toss setups_ west of Delray Beach just south Out-of-towners, though, are not of the post office, then come being forgotten, Poulton said_ north to the light and make a U- Scheduled for installation soon turn" Levitt observed_ "That cre- are signs on the side of the road ate~ a lot of confusion and which will say "Boca Haton Next congestion_ " Exit" The situation could be eased Switched 011 I considerably, he said, if U-turns were prohi biled a t the light, New traffic signals turned on which also controls the entrance in recent days are located at the I at High Point on the west side of north entrance to the Boynton the road, and drivers forced to go Beach Mall on Congress Avenue north a few hundred feet to the in Boynton Beach, which had next opening in the median to been operating as a flashing sig- make t.he U-tum. nal for several weeks; and at That possibility was explored a . ., -, ,-..-- ~.,-- ...,'.M...... J J . -....-......-----.- . . Board of County Commissioners County Administrator Karen T. Marcus, Chair Jan Winters Carole Phillips, Vice Chair Carol A. Roberts Carol J. Elmquist Depaprtment of Public Affairs Mary McCarty Citizens' Service Center Ken Foster Maude Ford Lee (407) 355-4314 PALM Request No.12123-92 Date 06/.Q.Y92 Suspense Date 06/17/92 Date Closed 06/15/92 Name Leavitt, S.Joseph Mr. - High Point West Address 5078-D Lake Front Blvd City Delrav Beach, FL Zip 33484- Home Phone Business Phone District 5 Source: BCC Commissioner CP/pm Chair Citizen___Admin___ Tele X Walk-In Corresp _ Meeting - --- STAFF ASSIGNMENT Charles Walker Engineerinq Traffic Division Name Department Division ~ For Research/Action _ For your Information (Response to A/C Required) and Files (No Response to A/C Required) DETAILS OF REQUEST Both citizens are concerned that vehicles making U-Turns on Military Ti.'ail North of West Atlantic Avenue at the traffic signal in front of the U.S. Post Office are creating a safety hazard. They would like Engineering to consider placing a left-turn traffic signal or a "No U-Turn" sign at the intersection facing south. They note that a left turn signal had been removed to help traffic flow. They would also like to meet with representatives of Engineering at the site. Please investigate and respond through the citizens' Service Center. cc: Mr. Paul Krauss, 14469-C Canal View, Delray Beach, FL 33484 498-5862 STAFF RESPONSE ~--1_ Interim Response Date ~ Final Response (Closed) PLEASE GIVE NAME OF DEPARTMENT PERSON WHO RESPONDED TO THIS REQUEST IF OTHER THAN "STAFF ASSIGNMENT" NAMED ABOVE NAME: Rebecca Glauz 684-4030 A record search & an on site inspection of the subject intersection have been conducted. The most recent 12 month accident report re- vealed that there were no accidents involving U-turns. Additionally this intersection was desiqned to accommodate north & south bound u-turns. The left-turn signals for the north & south approach have not been removed. Rather, they are designed to require the presence of at least 2 vehicles in order to activate the green left-turn arrow. This prevents a single '.' icle from interrupting the higher opposing traffic volume. Duri: :- ~k hours when traffic volumes are higher there will be suffie; ,,':":'!e~. present to activate the left-turn signals. During c , 'l: jods sufficient gaps will exist to insure a permissive 1 .dning novement on the green ball. cc: _ Boa I'd of County Cc; - - c.= Enclosure -- '. . . rn~-! ~ OJL['fMl ~ ( " I ! J1.M, 5f992 ' " '. -- - " r INTER-OFFICE COMMUNICATION PALM BEACH COUNTY DATE: June 12) 1992 TO: Action Center FROM: Rebecca J. Glauz) P.E. Signal Engineer - Traffic Division SUBJECT: REQUEST NO. 12123-92 IN1'E:lSECTION or LAKEfRONT COUL[\,ARD &. MILITARY TRAIL FINAL RESPONSE A record search and an on-site inspection of the subject intersection have been conducted by the Traffic Division. The most recent 12-month accident report revealed that there were no accidents involving U-turns. Additionally) this intersection was designed to accommodate northbound and southbound U-turns. The left-turn signals for the north and south approach have not been removed. Rather) they are designed to require the presence of at least two vehicles in order to activate the green left-turn arrow. This prevents a single vehicle from 'interrupting the higher opposing through traffic volume. During peak hours when traffic volumes are higher) there will be sufficient vehicles present to activate the left-turn signals. During off-peak periods when traffic volumes are lower) adequate gaps wi 11 exist in the opposing through traffic flow to insure a permissive turning movement on the green ball. _eJhLA Q ~ Rebecca J. Gla ) P.E. Signal Engineer - Traffic Division RJG:db cc: Christopher R. Mora) P.E.) Traffic Engineer - Traffic Division Nancy DiFede) Admin. Assistant - Engineering Administration Fil e: Intersection "Lakefront Boulevard & Military Trail" H:rj12123.fin '. Carole Phillips Jan Winters County Commissioner County Administrator District Five June 24, 1992 Mr. S. Joseph Leavitt High Point West 5078-D Lake Front Blvd. Delray Beach, FL 33484 RE: Constituent Inquiry Dear Mr. Leavitt: Thank you for your patience while your inquiry has been researched by the Citizen's Service Center and County staff. Enclosed is a copy of the response to your request. I hope that this information satisfactorily addresses your concerns. If you have further questions or would like more information, please contact the staff listed on the enclosed form. They will be happy to answer your questions. If I or my staff can be of assistance, please do not hesitate to telephone us at 276-1310 in south county or 355-2205 in West Palm Beach. Your concerns and comments are important to me. Thank you for bringing this matter to my attention. Sincerely, CAROLE PHILLIPS County Commissioner District 5 WuJo ( 8- ~ I -7~ Wendy E. DiSesa Administrative Assistant enc. cc: Mr. Paul Krauss 14469-C Canal View Delray Beach, FL 33484 "An Equal Opportunity - Affirmative Action Employer" @ p'lnted on ,ecycled paper BOX 1989 WEST PALM BEACH, FLORIDA 33402-1989 . Burt Aaronson Robert Weisman County Administrator County Commissioner District Five May 10, 1993 Mr. Joseph Leavitt 5078 D Lake Front Blvd Delray Beach. Fla. 33484 Re: Constituent Inquiry Dear Mr. Leavitt: Thank you for your patience while County Staff researched your inquiry. Enclosed is their completed response to your request. I hope that this information satisfactorily addresses your concerns. If not, then please do not hesitate to contact my office at 276-1310. As your Commissioner, I am always interested in your needs and opinions in order to serve you well. Sincerely, County eemm sioner District Five BA/bm Enclosure "An Equal Opportunity - Affirmative Action Employer" @ printed on recycled paper Box 1989 West Palm Beach, Florida 33402-1989 . Board of County Commissioners County Administrator Mary McCarty, Chair Robert Weisman Ken L. Foster, Vice Chairman ; Karen T. Marcus Deparbnent of Public Affairs Carol A, Roberts Warren H, Newell Citizens' Service Center Burt Aaronson , (407) 355-4314 Maude Ford Lee Boca/DeIray/Glades (407) 930-4314 Date: 04/06/93 Source District 05 BM Request No. 13650-93 Na:rne! J:.P.AVITT, JOSEPH Address: 5078 D LAKE FRONT BOULEVARD, DELRAY' BEACH, FL 33484- Home Phone: (407)-498-3906 Business Phone: ( ) - - Community: HIGHPOINT SECTION II W Details of Request District 05 This request is for a No U Turn traffic sign to be posted at the intersection at Lake Front Boulevard and Military Trail. It is designed for the traffic going north who use this busy intersection to leave stores on the eastside of the street and swing to the left to make a U turn. It is requested that the U turn be permissable at the next left turn going north. Please investigate and respond through the Citizens' Service Center. Staff Assiqnment To: CHARLES WALKER Suspense Date: 04/20/93 Department: ENGINEERING Interim Response: Division: TRAFFIC DIVISION Date Closed: 05/05/93 (Final) Phone: ( )-684-4030 Staff Response Respondents Name & Phone Number JOHN WHALEY' ( )-684-4030 Closure Response: 05/05/93 The subject intersection has adequate storage lanes existing from the north and south approaches of Military Trail to permit "U" turns. A record check of accident reports for the most recent 12 month period at the subject location revealed (7) seven reported accidents, none of which dpplle~ to ~u~ tu~ns. It has ~ean our sxperience that "u" turns are involved with' accidents at one of the lowest, rates of any movement. Therefore, at this t.ime, it does not warrant "No U Turn" signs on Military Trail. Please ask Mr. Leavitt to contact Jason Weber at 684-4030 if he has any further questions of Traffic Engineering. 1 LLM "An Equal Opportunity - Affirmative Action Employer" @ ptlnred on recyeled ".".., Box 1989 West Palm Beach, Florida 33402-1989 (407) 355-2754 FAX (407) 355-3819 . . WE, THE UNDERSIGNED, WISH TO AVOID ANY MORE ACCIDENTS AT THE TRAFFIC LIGHT SIGNAL ON MILITARY TRAIL NORTH OF ATLANTIC AVENUE AT LAKEFRONT LlLVD AND TilE POST OFFICE. WE WANT A NO U-TURN SIGNAL AT THE LIGHT. MANY BIG CARS AND EVEN SOME TRUCKS (FROM THE FRUIT STAND) ARE MAKING U-TURNS. SOME ACCIDENTS HAVE ALREADY HAPPENED AND MANY HAVE JUST MISSED HAPPENING... ABOUT 200 FEET NORTH OF TIlE LIGHT THERE IS AN AUTHORIZED U-TURN AND THIS WOULD SOLVE THE SITUATION. S~reL- /~~'~^- b f <\,C i)~4 y1.- s ~,J;vvVt $L1V ~ ;L , C~"- ~ i ~,~ ,~/l / l;\.- (;V. . C c5~-t- 8- t\- rtAM- (' ,-'V\.. // <}V' (3 ,~ 01>---. .J ..-....--.............----..-.'.... , /vJ ~,~ . & >14 :Y 'v~~ I , . '" :~ 'u .. 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" \.u '.::;.~ ~~ " A.._, <:Q \ r~., G) ~''''- <i)- .....\-:-\1" -U V\ <.- ~':.-- ';;,~~ ~ '2: \L'~ - - - ---- ~ -.... ~~3.~p....'-{jc>'-D -~, ,-'" /(//;P '- .. , ~:6 _";- <: -.~~ .--;;#'. '-.. .......... ' ,<Ye'") - @ , - MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER - SUBJECT: AGENDA ITEM . I~ C - MEETING OF APRIL 12. 1994 ORDINANCE NO. 22-94 DATE: APRIL 8, 1994 This ordinance repeals Chapters 53 and 54 of the Code of Ordinances and combines them into a new Chapter 53, "Residential, Industrial and Comrnercial Waste". The provisions of this ordinance regulates disposal of waste from residential, industrial and commercial buildings in cornpliance with Environmental Protection Agency requirements. Approval of this ordinance will bring the City into compliance with current EPA r.qulationl. p~ l.sl~ 6-0 , OK ~ MEMORANDUM TO: David T. Harden, City Manager ~ FROM: William H. Greenwood, Environmental Services Director SUBJECT: FIRST READING OF PROPOSED ORDINANCE NO. 22-94 DATE: April 7, 1994 Ordinance No. 22-94 revises Chapter 53 of the Code of Ordinances to bring the City into compliance with Federal (Environmental Protection Agency) regulations regarding Industrial Pretreatment; repeals Chapter 54 of the Code of Ordinances in its entirety; and, incorporates surcharges for the following parameters: 0 Ammonia 0 Oil and Grease 0 Biochemical Oxygen Demand 0 Total suspended solids 0 Chemical Oxygen Demand We estimate that the surcharge will generate $70,000.00 per year in revenues and keep most restaurants in compliance with Environmental Protection Agency (EPA) requirements. On March 11, 1994, the EPA performed their annual inspection of the South Central Regional Wastewater Treatment and Disposal (SCRWTD) Plant to check for compliance with EPA requirements. This inspection also included Boynton Beach's and Delray Beach's Industrial Pretreatment programs. Five areas of concern were found: 0 The proposed Ordinance to revise Chapter 53 of the Code of Ordinances had not adopted, as previously recommended by the EPA. 0 A slug control plan needs to be added on the existing inspection check lists for industrial users. (Completed) 0 An Enforcement Response Plan needs to be developed and implemented. (Completed) 0 Provide average total water use and process flow (GPD) for each industrial user operating under permit. (Completed) 0 Publish a list of permitted facilities which have significantly violated their industrial user permit requirements between July and December 1993. Typical violations include discharge of effluent exceeding permit limits or late submittal of monitoring results. (Completed; will be published in the Palm Beach Post on April 8, 1994.) . The list of violators are as follows: 0 Delray Community Hospital - Failure to comply with reporting requirements of Title V, Chapter 53.085(A). They were forty five (45) days late submitting their report and analyses. 0 Elite Plating - Polishing, Inc. - Failure to comply with reporting requirements of Title V, Chapter 53.085(A). They failed to turn in reports and analyses for 1993. 0 Silver Plating of Delray Beach - Failure to comply with reporting requirements of Title V, Chapter 53.085(A) . They were thirty four (34) days late submitting their report and analyses. Once we receive certification that this permittee has removed all chemicals from this location and has ceased all plating operations using cyanide compounds, their permit will be deleted. 0 Solid Waste Authority of Palm Beach County - Discharges to sewer in violation of the standards of Title V, Chapter 53.085 (A) . They exceeded the total iron discharge requirement. .- Solid Waste uses raw well water to clean floors and equipment. The total iron content in this water ranges from 1.5 to 4.7 parts per million (p.p.m.). They are in the process of correcting this situation by placing an iron removal system on their well water supply. Additionally, the existing standard of three (3) p.p.m. for iron is entirely too low. If adopted, the proposed Ordinance, provides for an increase in the allowable amount of iron to 10 p.p.m. parts per million. Messrs. Harvey Vict, Environmental Analyst for Delray Beach and Willie Williams, Industrial-Commercial Wastewater Co-ordinator for SCRWTD Board negotiated a thirty (30) day grace period to correct the five deficiencies; therefore, a "Notice of Violation" was not issued by EPA. Our deadline, set by EPA, to correct deficiencies is April 15, 1994. As indicated, four of the five (5) deficiencies have been corrected. The only remaining item is the implementation of Ordinance No. 22-94. Recommend City Commission approval of Ordinance No. 22-94, on first reading. WHG/cl - Attachment . PUBLIC NOTICE PUBLIC NOTICE OF SIGNIFICANT VIOLATIONS OF SECTION 307 OF THE FEDERAL CLEAN WATER ACT Listed below are industrial or commercial users in significant noncompliance with the requirements for industrial or commercial users who discharge to the South Central Regional Wastewater Treatment Facility. These violations occured during the six month reporting period of July 1993 through December 1993, Publication of this notice complies with the requirements of 40 CFR 403.8(f)(2)(vii). Delrav Community Hoscital, 5352 Linton Blvd" Delray Beach, FL, VIOLATION: Failure to comply with reporting requirements of Title V, Chapter 53.085(A), current City Ordinance of Delray Beach [Chapter 53. 060(A) , proposed City Ordinance of Delray Beach] and 40CFR403,12 Federal Regulations. Discharges to sewer in violation of the standards of Title V, Chapter 53.085(A), current City Ordinance of Delray Beach [Chapter 53.060(A), proposed City Ordinance of Delray Beach] and 40CFR403.5(d) Federal Regulations, Elite Platina-Polishina. Inc., 2858 Georgia St., Delray Beach, FL, VIOLATION: Failure to comply with reporting requirements of Title V, Chapter 53.085(A), current City Ordinance of Delray Beach [Chapter 53,060(A), proposed City Ordinance of Delray Beach] and 4OCFR403.12 Federal Regulations. Silver Platina of Delrav, 784 N, Federal Highway, Delray Beach. FL, VIOLATION: Failure to comply with reporting requirements of Title V, Chapter 53,085(A), current City Ordinance of Delray Beach [Chapter 53.060(A), proposed City Ordinance of Delray Beach] and 4OCFR403,12 Federal Regulations, Solid Waste Authority of Palm Beach Co" 1901 SW 4th Ave., Delray Beach, FL, VIOLATION: Discharges to sewer in violation of the standards of Title V, Chapter 53.085(A), current City Ordinance of Delray Beach [Chapter 53. O6O(A) , proposed City Ordinance of Delray Beach] and 40CFR403.5(d) Federal Regulations, . ORDINANCE NO. 22-94 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REPEALING CHAPTER 53, "INDUSTRIAL AND COMMERCIAL WASTE", REPEALING CHAPTER 54, "SEWERS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, AND ENACTING A NEW CHAPTER 53, "RESIDENTIAL, INDUSTRIAL AND COMMERCIAL WASTE" , TO PROVIDE FOR: PURPOSE; SCOPE; GENERAL PROVISIONS; DEFINITIONS; COMPLIANCE; DISPOSAL OTHER THAN THROUGH REGIONAL FACILITIES; PERMIT REQUIRE.D FOR BUILDING SEWERS AND CONNECTIONS; ESTABLISHING CRITERIA FOR WASTES DISCHARGED TO PUBLIC SEWERS; ESTABLISHING CRITERIA FOR THE ADMISSION OF INDUSTRIAL AND COMMERCIAL WASTE; REQUIRING PERMITS AND SETTING TERMS FOR INDUSTRIAL AND COMMERCIAL WASTE DISCHARGE; DISCHARGE PERMIT APPLICATIONS; RIGHT TO REFUSE SERVICE; COMPLIANCE WITH NATIONAL CATEGORICAL PRETREATMENT STANDARDS; PROTECTION FROM DAMAGE; POWER AND AUTHORITY OF INSPECTORS; APPLICABILITY TO ALL USERS, INCLUDING OTHER LOCAL GOVERNMENTS; ENFORCEMENT; REPORTING, INSPECTION, AND MONITORING REQUIREMENTS; PRETREATMENT REQUIREMENTS; INFORMATION AVAILABILITY; ADOPTION OF SIMILAR STANDARDS REQUIRED OF OTHER LOCAL GOVERNMENT USERS; REQUIRING USE OF PUBLIC SEWERS; REGULATING PRIVATE SEWAGE DISPOSAL; REGULATING BUILDING AND SEWER CONNECTIONS; PROVIDING FOR USER CHARGE, CONNECTION CHARGE AND INDUSTRIAL COST RECOVERY SYSTEM; PROVIDING FOR APPLICATION OF THIS CHAPTER; PROVIDING A GENERAL REPEALER, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach, as a member of the South Central Regional Wastewater Treatment and Disposal Board ( Board) , is responsible for the regulation of industrial and commercial waste which is discharged into the wastewater system which connects to this SCRWTDB's treatment facility; and WHEREAS, it is a requirement of the Board to comply with all applicable state and federal laws required by the Clean Water Act of 1977 and the General Pretreatment Regulations 40 CFR, Part 403; and WHEREAS, the regulations adopted herein will apply to all Users of the wastewater system whether inside or outside the City limits; ,~".., WHEREAS, all local government Users shall be required, withL_ sixty (60) days after enactment of this chapter and notice thereof, to enact ordinances substantially similar to this chapter and to apply and enforce the same to all Users of their public and sanitary sewer systems; and WHEREAS, in order to comply with the provisions of the Clean Water Act as well as State and Federal law, the Interlocal Agreement entered into by the Cities of Delray Beach and Boynton Beach sets forth the terms and conditions upon which the Cities may discharge wastewater effluent to the Board's regional treatment facilities and, further, that pursuant to the terms of said Agreement, the cities, as a condition to the discharge permit being granted thereby, agreed to adopt an indus- trial waste and pretreatment ordinance with terms, conditions and provisions no less stringent than the terms s~t forth in said Agreement for the regulation of the issuance and compliance with discharge permits issued by the Cities to the Cities' Users and industrial Users; and WHEREAS, the rules and regulations provided herein are necessary to protect the health, safety and welfare of the citizens of Delray Beach and the citizens of the local government Users; and NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1- That Chapter 53, "Industrial and Commercial Waste", of the Code of Ordinances of the City of Delray Beach is hereby repealed in its entirety and a new Chapter 53, "Residential, Industrial and Commercial Waste" is hereby enacted to read as follows: GENERAL PROVISIONS 53.001 Purpose. The purpose of this chapter is to prescribe procedures for safe and sanitary collection of sanitary sewage and other liquid wastes, and to regulate industrial waste pretreatment facilities and discharge of industrial waste into the Publicly Operated Treatment Works (POTW) operated by the South Central Regional Wastewater Treatment and Disposal Board and to provide for pollutant limitations, data collection, monitoring, and sampling, and to provide for penalties for the violation of this chapter for the following purposes: (A) To prevent the introduction of pollutants into the City's wastewater system which will interfere with the normal operation of the wastewater collection system or the wastewater treatment plant, or which will contaminate the resulting municipal sludge; (B) To prevent the introduction of pollutants into the City's wastewater collection system which do not receive adequate treatment by 2 ORD. NO. " the POTW, and which will pass through the system into receiving waters or the atmosphere or otherwise be incompatible with the system; (C) To improve the opportunity to recycle and reclaim wastewater and sludge from the system. 53.002 Policy And Scope. The policy is established that the provisions of this chapter will be enforced to the fullest extent possible under the provisions of Federal Pretreatment Regulations 40 Code of Federal Regulations, Part 403 and Florida Administrative Code Rules, 17-302, 17-600, 17-604, and 17-610 issued by the Florida Department of Environmental Regulation. The standards set forth are minimum requirements to insure the general health and welfare of the public. 53.003 Application Of Chapter. (A) The use of City wastewater facilities by any entity or local government shall subject that entity or local government to the applica- tion of this chapter. This shall include, but not be limited to, wholesale, retail, and large agreement Users, whether inside or outsic the City limits. (B) The regulations of this chapter shall apply to all Users of the sewer facilities of the City whether inside or outside the City, including all other local governments such as, but not limited to, the Town of Highland Beach, the Town of Gulf Stream, and contributions from incorporated or unincorporated agencies of Palm Beach County. Further- more, all local government Users shall be required, within sixty (60) days after enactment of this chapter and notice thereof, to enact ordinances substantially similar to this chapter and to apply and enforce the same to all Users of their public and sanitary sewer systems. 53.004 Definitions. For the purpose of this chapter, all definitions shall be applied and interpreted in accordance with 40 CFR 403, as amended. "Act" and "The Act." The Federal Water Pollution Control Act, also known as the Clean Water Act of 1977, as amended, 33 U.S.C. 1251, et seq. "Authorized Representative of Industrial User." An authorized representative of an industrial User which may be a principal executive officer of at least the level of vice-president, if the industrial Us~-- is a corporation; a general partner or proprietor, if the industrL User is a partnership or proprietorship, respectively; or a duly 3 ORD. NO. authorized representative of the individual designated above, if that representative is responsible for the overall operation of the facilities from which the indirect discharge originates. "Board." The Board of Directors of the South Central Regional Wastewater Treatment and Disposal Board. "B.O.D. (Denoting Biochemical Oxygen Demand) . " The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5 ) days at 200C expressed in milligrams per liter. "Building Sewer." Sewer conveying wastewater from the premises of a User to the collection system which transmits wastewater to the POTW. "Capaci ty Charge." The charges calculated to cover cost incurred to have the system available and in good operating condition without regard to use, which shall include, but not be limited to, costs of minimum personnel, capital outlay, debt service, insurance, transfers, reserve requirements, and debt service coverage. "Categorical Standards." National Categorical Pretreatment Standards or pretreatment standard. "Categorical Users." Those commercial/industrial facilities which by 40 CFR 403 and subsequent amendments shall operate under a Wastewater Discharge Permit for discharges to the sanitary sewer. "Chemical Oxygen Demand (C.O.D.) . " A measurement of the oxygen equivalent of the organic matter content of a sample that is susceptible to oxidation by a strong chemical oxidant using procedures listed in 40 CFR 136. "City." The City of Delray Beach all that land and water area included within the boundaries of the "City" in which the Commission proposes to acquire, establish, construct, extend, operate, and maintain sanitary sewerage facilities, except as follows: (1 ) All state and federally owned land and water area located in the City or county, except where the state and federal government consent to the provisions of this chapter. ( 2 ) All land and water area duly franchised by the City or county to privately owned sewer utility companies for the provisions of sewer service, except where the privately owned sewer utility companies consent to the provisions of this chapter. "Collection System." The system of public sewers to be operated by the City and connected to the POTW facilities. 4 ORD. NO. , ' "Commodity Charge." The charges calculated to cover the costs which vary with the level of service provided, the amount of water produced or sewage processed, which shall include, but not be limited to, costs of personnel to operate the system, electricity, repairs and maintenance, and operating supplies. "Compatible Pollutant." A substance amenable to treatment in the wastewater treatment plant such as biochemical oxygen demand, suspended solids, pH, and fecal coliform bacteria, plus additional pollutants identified in the NPDES permit if the publicly owned treatment works was designed to treat those pollutants, and in fact, does remove the pollutant to a substantial degree. "Composite Sample." A series of samples taken over a specific 24-hour time period at intervals not to exceed fifteen (15) minutes in the waste stream which are combined into one sample. Flow proportional sampling is mandated unless circumstances do not permit it, then it shall be time proportional. Samples shall be taken during effluent discharge times only. "Coolinq Water." The water discharged from any use such as a .1 ___ conditioning, cooling, or refrigeration, or to which the only pollutar added is heat. "Customer Charge." The charges calculated to cover the costs incurred in the billing system, which shall include, but not be limited to costs of meter reading, recording, data processing, billing and collecting. "Direct Discharge." The discharge of treated or untreated waste- water directly to the waters of the state. "Director of Public Utilities, Utilities Director, or Director." This refers to the individual in charge of the Department of Environ- mental Services for the City. "Discharqe." Means to dispose, deposit, place, emit, unload, release or cause or allow to be disposed of, deposited, placed, emitted, unloaded, or released. "Domestic Wastewater." Wastewater derived principally from dwellings, commercial buildings, institutions, and industry resulting from household or toilet waste resulting from human occupancy. It may or may not contain ground water, surface water, or stormwater. "Environmental Protection Aqency" or "EPA". The U.S. EnvironmentaL Protection Agency, or where appropriate the term may also be used as designation for the Administrator or other duly authorized official 0 that agency. 5 ORD. NO. _. .- "Executive Director. " The administrati ve director or his authorized deputy, agent or representative of the South Central Regional Wastewater Treatment and Disposal Board. The Executive Director is the authorized administrative authority of the South Central Regional Wastewater Treatment and Disposal Board. "Garbage. " The animal and vegetable waste resulting from the handling, preparation, cooking, and serving of foods. "Grab Sample." A sample which is taken from a waste stream on a one-time basis with no regard to the flow in the waste stream and without consideration of time. "Holding Tank Waste." Any waste from holding a tank. A holding tank includes but is not limited to the following: vessels, chemical toilets, campers, trailers, septic tanks, and vacuum-pump tank trucks. "Indirect Discharge. It The discharge or the introduction of non- domestic pollutants from any source regulated under Section 307(b) or (c) of the Act, (33 U.S.C. 1317), into the POTW (including holding tank waste discharged into the system). "Industrial or Commercial Waste. " The liquid wastes from industrial, commercial, or institutional processes as distinct from domestic or sanitary sewage. "Industrial and Commercial Waste Discharge Permit." A permit issued to control the process flows from industry, commerce, or institu- tions that may be discharged into the sanitary sewer system. This permi t is issued in addition to any other types of permits. When issued, the permit will define the characteristics and volume of the flow and acceptance or rejection of individual waste components and/or require high strength waste surcharges. "Industrial Cost Recovery." Recovery by a federal grantee from the industrially classified Users of a treatment works of the grant amount allocable to the treatment of wastes from those Users. "Industrially Classified User." An industrial or commercial User whose liquid wastes are, in part, made up of flows related to industrial processes, as distinct from an industrial or commercial User whose waste flows are primarily domestic or resulting from human occupancy. "Industrial User." A source of indirect discharge and discharge of industrial and commercial waste which does not constitute a discharge of pollutants under regulations issued pursuant to Section 402 of the Act. (33 U.S.C. 1342). 6 ORD. NO. . .- "Interference." The inhibition or disruption of the POTW treatment processes or operations which contributes to a violation of any require- ment of the NPDES permit or reduces the efficiency of the POTW. The term also includes prevention of sewage sludge use or disposal by the POTW. "Medical Waste." Isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contami- nated bedding, surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes. "Milligrams Per Liter (mg/l)." Millig:r:ams Per Liter shall be considered equivalent to parts per million. "Monitoring Costs." Those costs incurred by the City in performing monitoring and/or sampling as prescribed by 40 CFR 403. "National Categorical Pretreatment Standard." Any federal regulation containing pollutant discharge limits promulgated by the EPA which applies to a specific category of industrial Users. "National Pollutant Discharge Elimination System Permit" or "NPDF Permit." A permit issued pursuant to Section 402 of the Act (33 u.s.c. 1342) . "National Prohibitive Discharge Standard" or "Prohibitive Discharge Standard." Any regulation developed under the authority of 307(b) of the Act and 40 CFR, Section 403.5 "Natural Outlet." Any ditch, canal, stream, waterway, lake, river, pond, well, gully, or other water body. "New Source." Any source, the construction of which is commenced after the publication of proposed Pretreatment Standards under Section 307(c) of the Act, and which conforms to 40 CFR 403(k). "Pass Through." A discharge of a pollutant from the POTW when such discharge causes a violation of any requirement of the POTW's NPDES permit, or a violation of a State or Federal water quality standard or increases the magnitude or duration of any violation and which is the result of a User's discharge of the pollutant either alone or in con- junction with other User's discharges of the pollutant into the POTW. A User contributes to pass through when the User: ( 1) Discharges a pollutant concentration or a daily pollutant loading in excess of that allowed by the City or by Federal or StatE!.. law. 7 ORD. NO. ( 2) Discharges wastewater which substantially differs in nature and constituents from the User's normal average discharge; ( 3 ) Knows or has reason to know that its discharge, alone or in conjunction with discharges from other Users, would result in pass through; or ( 4 ) Knows or has reason to know that the POTW is, for any reason, violating its final effluent limitations in its NPDES permit and that such User's discharge either alone or in conjunction with dis- charges from other Users, increases the magnitude or duration of the POTW's violations. "Person." Any individual, firm, company, association, society, corporation, or group. "Point Source." The initial point of discharge into the sanitary sewer system; "Pollutant." Any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt, and industrial, municipal, and agricultural waste discharged into water. "Pollution." The man-made or man-induced alteration of the chemical, physical, biological, and radiological integrity of water. "Pretreatment." The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing those pollutants into a POTW. The reduction or alteration can be obtained by physical, chemical, or biological processes, or process changes or by other means, except as prohibited by 40 CFR Section 403.6(d). "Pretreatment Requirements." Any substantive or procedural requirement for treating of a waste prior to discharging or otherwise introducing the waste into the POTW. "Pretreatment Standards." National categorical pretreatment standards or alternative discharge limits, whichever is applicable. "Properly Shredded Garbaqe." The wastes from the preparation, cooking, and dispensing of food that have been shredded to a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than 1/2-inch (1.27 centimeters) in any dimension. 8 ORD. NO. -- . "Publicly Owned Treatment Works ( POTW) . " In this case, the regional treatment plant operated by the South Central Regional Waste- water Treatment and Disposal Board and the collection sewer system owned and operated separately by the City of Delray Beach. "Public Sewer." A sewer in which all owners of abutting properties have equal rights, and which is controlled by public authority. "Reqional Treatment Facilities." The South Central Regional Wastewater Treatment Plant transmission and disposal facilities as operated by the South Central Regional Wastewater Treatment and Disposal Board. "Replacement." Expenditures for obtaining and installing equip- ment, accessories or appurtenances which are necessary during the service life of the treatment process facilities to maintain the capacity and performance for which those facilities were designed and constructed. "Residential Dwellinq Unit." Any family living unit, and, where two or more families are living on the same premises, each shall be considered as a separate residential dwelling unit. In apartmer "- buildings, condominiums, cooperatives, duplexes, resort dwelling unit~ and the like, and per each trailer space in a trailer park, each living unit shall be considered a separate residential dwelling unit. "Sanitary Sewaqe." Any combination of water-carried wastes from residences, business buildings, institutions and industrial establish- ments containing animal or vegetable matter or chemicals in suspension or solution, together with such ground, surface and storm waters as may be unintentionally present. "Sanitary Sewer." A sewer which carries sanitary sewage and to which storm, surface, and ground water are not intentionally admitted. "Sewaqe." A combination of the water carried wastes from residences, business buildings, institutions, and industrial estab- lishments, together with such ground, surface, and stormwaters as may be unintentionally present. "Sewaqe Works." All facilities for collecting, pumping, treating, and disposing of wastewater including the POTW. "Sewer." A pipe or conduit for carrying sewage. "Shall." is mandatory; "May" is permissive. -- "Siqnificant Industrial User ( "SIU") ." Any industrial User of t. Board Treatment Plant who: has a discharge flow of 25,000 gallons or 9 ORD. NO. more per average work day; has a flow greater than 5% of the flow in the City's collection system; has toxic pollutants in excess of limits defined pursuant to Section 307 of the Act or Florida Statutes; or is judged by the POTW, city, state, or U.S. Environmental Protection Agency (EPA) to have significant impact, either singly or in combination with other contributing industries, on the wastewater treatment system, the quality of sludge, the system's effluent quality, or air emissions generated by the system. "Significant Non-Compliance." Means that violations of this Ordinance by a User subject to pretreatment standards meet one or more of the following criteria: ( 1 ) Chronic Violation: 66% or more of all measurements taken for the same pollutant during a six-month period exceeded (by any magnitude) the applicable daily maximum limit or the applicable average limit; (2) Technical Review Criteria (TRC) Violation: 33% or more of all measurements taken for the same pollutant during a six-month period equaled or exceeded the product of the daily average maximum limit or the average limit times the applicable TRC. (For categorical pretreatment limitations the TRC equals 1.4 for BOD, TSS and Oil and Grease; and 1.2 for all other pollutants except pH; (3) An effluent violation caused interference or pass through or endangered the health of City personnel or the general public; ( 4 ) A discharge caused imminent endangerment to human health, welfare or to the environment and resulted in the City exercising its emergency authority under Section 53.136 of this Ordinance; (5) Failure to meet a compliance schedule milestone date within ninety (90) days or more after the scheduled date; (6) Failure to submit a required report within thirty (30) days of its due date; (7 ) Failure to accurately report non-compliance; or (8) Any other violation or group of violations which the Director determines may cause interference or pass through or will adversely affect implementation of the City's pretreatment program. - "Significant Violation." A violation that remains uncorrected 45 days after notification of non-compliance; which is part of a pattern of non-compliance over a twelve-month period; which involves a failure to accurately report non-compliance; or which resulted in the POTW 10 ORD. NO. '. exercising its emergency authority under Section 403.8 (F)(l)(vi)(B) of the Act. "Sluq." Any discharge of water, sewage, or industrial waste which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than fifteen (15) minutes more than five ( 5 ) times the average 24-hour concentration of flows during normal operation. "Standard Industrial Classification (SIC)." Classification pursuant to the Standard Industrial Classification Manual issued by the executive office of the President, Office of Management and Budget, as amended. "State." State of Florida. "Storm Drain" or "Storm Sewer." A sewer that carries stormwater and surface water, street wash, and other wash waters or drainage, but excludes domestic wastewater and industrial and commercial waste. "Stormwater." Any flow occurring during or following any form of natural precipitation and resulting therefrom. .._, "Superintendent." The person designated by the POTW to supervise the operation of the publicly owned treatment works and who is charged with certain duties and responsibilities by this chapter, or his duly authorized representative. "Surcharqe." An extra charge levied to a User for treatment of compatible wastewaters that contain substances in excess of specified maximum allowable limits. "Suspended Solids." Solids that are in suspension in water, sewage, or other liquids and which are removable by laboratory filtering. "Toxic Pollutant." Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the Environmental Protection Agency under Section 307(a) of the Act, or other Acts. "Treatment Plant . " That portion of regional treatment facilities designed to provide treatment to wastewater and is operated by the South Central Regional Wastewater Treatment and Disposal Board. "Treatment Works." The wastewater treatment plant, interceptors, force mains, lift stations, and collection systems. 11 ORO. NO. "User." Any person who contributes, causes, or permits the contri- bution of wastewater into the POTW. "User Charqe" or "User Fee." A charge levied on the Users of the treatment works for the cost of operation and maintenance of those facilities and other equitable and necessary charges. "Wastewater." The liquid and water carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities, and institutions, whether treated or untreated, which is contributed into or permitted to enter the POTW. "Wastewater Treatment Plant." Any arrangement of devices and structures used for treating wastewater, such as the POTW. "Watercourse." A channel in which a flow of water occurs, either continuously or intermittently. 53.005 Compliance With Provisions Or More Strinqent Requlations. Public sanitary sewers shall be used as outlined in this chapter or as required by other regulations promulgated by the City or the POTW under the authority of this chapter. Where the provisions of this chapter or such regulation conflict with health agency requirements, the requirements which are most stringent shall apply. 53.006 Disposal OfSewaqe Other Than Throuqh Reqional Facilities. (A) The disposal of sanitary sewage by means other than use of the available regional treatment facilities shall be in accordance with city, county, state, and federal law. (B) The disposal of sanitary sewage to the POTW shall be as outlined in this chapter. 53.007 Right To Refuse Waste Upon Noncompliance. The City shall have the right to refuse waste from any User where wastewater does not comply with this chapter. 53.008 Depositing Ob1ectionable Wastes On Public And Private Property. It shall be unlawful for any person to place, deposit, or permit to be deposited, in any unsanitary manner Oft public or private property within the City, or in any area under the jurisdiction of the City, any human excrement, garbage, or other objectionable waste. 53.009 Discharginq Into Natural Outlets. 12 ORD. NO. . It shall be unlawful to discharge to any natural outlet within the City, or in any area under the jurisdiction of the City, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this chapter. 53.010 Privies, Septic tanks, And Other Facilities. Except as hereinafter provided in 53.020 through 53.025, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of sewage. 53.011 Suitable Toilet Facilities. The owners of all houses, buildings, or properties used for human occupancy, employment, recreation, or other purposes situated within the City and abutting on any street, alley, or right-of-way in which there is now located or may in the future be located a public sanitary sewer of the City are required, at their expense, to install suitable toilet facilities therein, and to connect those facilities directly with the proper public sewer, in accordance with the provisions of this chapter,_ within ninety (90) days after date of official notice to do so, providE' that the public sewer is abutting the owner's property within 200 fee... of the building or structure. 53.012 Discharqe Prohibited In Storm Sewer System. (A) Under no condition shall the discharge of domestic, sanitary, industrial, or commercial waste be permitted into the storm sewer system. (B) Furthermore, any discharge to the storm sewer system not composed entirely of stormwater is generally prohibited. Unless deter- mined by the Director to be unacceptable, the following discharges are excepted from this prohibition: flows from fire fighting, water line flushing and other contributions from potable water sources, landscape irrigation and lawn watering, irrigation water, diverted stream flows, rising groundwater, groundwater infiltration, pumped groundwater, foundation and footing drains, water from crawl space pumps air condi- tioning condensation, springs, individual residential car washings, flows from riparian habitats and wetlands, and dechlorinated swimming pool discharges. (C) In case of an accidental discharge, spill, or disposal of prohibited materials into the storm sewer system the procedures outlined in sections 53.064, 50.065, and 53.067 of this ordinance shall be_ followed. 13 ORD. NO. . (D) Any discharges to the stormwater system which violate federal, state, county, or municipal law, rule, regulation or permit are prohibited. Through regulations or permits, the Director may impose reasonable limitations on stormwater discharges from sites of industrial activity, and may order any discharge in violation of such regulations or permits immediately ceased. Any person having a National Pollutant Discharge Elimination System (NPDES) permit shall provide a copy to the Director within 60 calendar days of the effective date of this ordinance or 60 calendar days after issuance of the permit. '53.013 Damaqinq Or Tamperinq With Sewaqe Works. No person shall break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance, or equipment which is part of the sewage works. PRIVATE SEWAGE DISPOSAL SYSTEM 53.020 Connecting Buildinq Sewer To Private Sewaqe Disposal System. Where a public, sanitary, or combined sewer is not available under the provisions of 53.011, the building sewer shall be connected to a private sewage disposal system complying with the provisions of this subchapter. 53.021 Written Permit To Be Obtained, Application, Inspection Fee. Before the commencement of construction of a private sewage dis- posal system, the owner shall obtain a written permit signed by the Chief Building Official. The application for the permit shall be made on a form furnished by the City which the applicant shall supplement by any plans, specifications, and other information as are deemed necessary by the Chief Building Official. A permit and inspection fee of $50 shall be paid to the City at the time the application is filed. 53.022 County To Inspect Installations. A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the county. The county shall be allowed to inspect the work at any stage of construction, and, in any event, the applicant for the permit shall notify the county when the work is ready for final inspection and before any underground portions are covered. 53.023 Compliance With State Department Of Environmental Requlation And Other Current Requlations. The type, capacities, location, and layout of a private sewage disposal system shall comply with all recommendations of the State 14 ORD. NO. . Department of Environmental Regulation. No permit shall be issued for any private sewage disposal system employing subsurface soil absorption facilities unless it conforms to all current regulations. No septic tanks or cesspool shall be permitted to discharge to any natural outlet. 53.024 Connecting Private Sewaqe Disposal System to Public Sewer. When a public sewer is abutting the owner's property and within 200 feet of the owner's building or structure, the building shall be directly connected to the public sewer within ninety (90) days, and any septic tanks, cesspools, and similar private sewage disposal facilities shall be abandoned and filled with clean bank-~un gravel or dirt. 53.025 Cost of Making Connection. The city will pay the cost of constructing one sewer tap to the property line of the person making the connection. Any additional sewer tap connections will be at the expense of the owner, subject to the approval of the City Engineer, on an actual cost basis, but which shall be not less than $250 each, paid to the City by the owner. On all properties where any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by that drain shall be lift by approved artificial means and discharged to the public sewer at n... cost to the City. 53.026 Maintenance Of Private Sewaqe Disposal Facilities. The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the City. INSTALLATIONS AND CONNECTIONS 53.030 Written Permit Required For Use Of Public Sewer; Application; Fee. (A) No unauthorized person shall uncover, make any connec- tions with or opening into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the City. (B) The permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the City. A permit and inspection fee shall be paid to the City at the time the application is filed. The permit fee for those establishments discharging industrial wastewater is further explained in this chapter. 15 ORD. NO. (C) The applicant for the building sewer connection permit shall not i fy the City when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the Chief Building Official or designated City representative. 53.031 Costs And Expense Of Installation And Connection Of Buildinq Sewer; Indemnification. All costs and expense incidental to the installation and connection of the building sewer shall be borne by the owner or User. The owner and User shall indemnify the City from any _ loss or damage that may directly or indirectly be occasioned by the installation of the building sewer. 53.032 Separate Buildinq Sewer Provided For Every Building. A separate and independent building sewer shall be provided for every building, except where one building stands at the rear of another on an interior lot and no private sewer is available or can be con- structed to the rear building through an adjoining alley, court, yard, or driveway, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer. 53.033 Use Of Old Buildinq Sewers With New Buildinqs. Old building sewers may be used in connection with new buildings only when they are found, on examination and tested by the Building Official, to meet all requirements of this chapter. 53.034 Buildinq Sewer Specifications. The size, slope, alignment, materials of construction of a building sewer, and the methods to be used in excavating, placing of the pipe, joining, testing, and backfilling the trench, shall all conform to the requirements of the building and plumbing codes or other applicable rules and regulations of the City. In the absence of code provisions, or in amplification thereof, the materials and procedures set forth in appropriate specifications of the ASTM and WPCF Manual of Practice No. 9, as same may be amended from time-to-time, shall apply. All connections shall be made gastight and watertight. Any deviation from the prescribed procedures and materials must be approved by the Building Department before installation. 53.035 Gravity Flow Of Buildinq Drain To Public Sewer. Whenever possible, the building sewer shall be brought to the building at any elevation below any basement floor. In all buildings in 16 ORD. NO. . which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by that building drain shall be lifted by an approved means and discharged to the building sewer. 53.036 Surface Runoff Or Groundwater. No person shall make connection of roof downspouts, exterior foundation drains, areaway drains, or other sources of surface runoff or groundwater to a building sewer or building drain which, in turn, is connected directly or indirectly to a public sanitary sewer. 53.037 Barricades and Liqhts Around Sewer Excavations. All excavations for building sewer installations shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways, and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the City. DISCHARGES TO PUBLIC SEWERS 53.050 Discharqe Of Stormwater And Other Unpolluted Drainage. (A) No person shall discharge or cause to be discharged any stormwater, uncontaminated cooling water or unpolluted industrial process waters to the sanitary sewer. (B) Stormwater and all other unpolluted drainage shall be dis- charged to as storm sewers, or to a natural outlet approved by the proper city or county official. Industrial cooling water or unpolluted process waters may be discharged on approval of the Utilities Director to a storm sewer or natural outlet. 53.05l Prohibited Discharges To Sewers. No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers: (A) Flammable or explosive liquids or solids or gas, including but not limited to, gasoline, benzene, naptha and fuel oil. (B) Any water or wastes containing toxic or poisonous or pathogenic solids, liquids, or gases in - sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any wastewater treatment process, constitute a hazard to humans oJ;.... animals, create a public nuisance, or create any hazard in the receivi' waters of the wastewater treatment plant. 17 ORD. NO. (C) Solid or viscous substances in quantities or of a size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the sewage works such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails, paper dishes, cups, and milk containers. (D) Medical wastes, except as specifically authorized by the Department of Environmental Services in a wastewater discharge permit. 53.052 Discharqe Of Certain Wastes Restricted. No person shall discharge or cause to be discharged to any public sewer, the below described materials, waters, or wastes (collectively, the substances) if it appears likely that acceptance of those wastes can harm the wastewater treatment process or equipment, the public sewers, the sanitary sewer systems, or have an adverse effect on the receiving water body, or can otherwise endanger life, limb, public property, or constitute a nuisance. The substances restricted are: ( A) Any liquid having a temperature higher than 150 of or causing the wastewater treatment plant influent to exceed 104OF. (B) Any water or waste containing fats, wax, grease, or oils, whether emulsified or not, in excess of 100 milligrams per liter or containing substances which may solidify or become viscous at tempera- tures between 320F and 1500F (OOC and 65OC) and provided further that the User complies with the requirements of the City's high strength sewer surcharge system. (C) Any waters or was tes containing strong acid, iron, pickling wastes, or concentrated plating solutions whether neutralized or not. (D) Any waters or wastes containing phenols or other taste or odor producing substances, in a concentration exceeding limits which may be established by the POTW as necessary after treatment of the composite sewage to meet the requirements of the state, federal, or other public agencies of jurisdiction for that discharge to the receiving waters. (E) Any garbage that has not been properly shredded. (F) Any water or wastes having a pH lower than 5.5 or higher than 9.5 or having any other corrosive property capable of causing damage or hazard to structure, equipment, or personnel or any wastewater treatment works. (G) Any waste containing restricted substances in quantities in excess of the following limits and measured at the point of discharge 18 ORD. NO. . into any sewer system, or any substance that will pass through the wastewater treatment works and exceed the state and federal requirements for receiving waters: Parameter Limit Metals Antimony 2.0 mg/l Arsenic 0.9 mg/l Cadmium 0.1 mg/l Chromium - Hexavalent 0.5 mg/l Chromium - Total 2.7 mgll Copper 2.00 mg/l < Iron l~OO mgll Lead 0.69 mg/l Mercury 0.01 mg/l Parameter Limit Nickel 0.70 mg/l Selenium 0.25 mgll Silver 0.43 mg/l Zinc 2.00 mgll Inorqanics Ammonia 50 mgll (Surcharge) * Chloride 600 mg/l Cyanide 1 mgll Cyanide Amenable to Chlorination 0.5 mg/l Fluoride 50 mgll pH 5.5 - 9.5 Standard Units Orqanics BOD 220 mg/l (Surcharge) * COD 440 mgll (Surcharge) * Oil and Grease 100 mgll (Surcharge) * Petroleum Hydrocarbons 25 mg/l Phenol 5 mg/l Phenolic Compounds, Total 0.5 mgll Toxic Organic Compounds, Total 2.0 mg/l, No one Parameter over 1 mgll Total Aldehydes 25 mgll 19 ORD. NO. physical TSS 175 mg/l (Surcharge) * Particle Size One-half inch or less Radioactive Elements None detectable * Subject to High Strength Sewer Surcharge (Refer to Section 53.130(G)). (H) Any waste from sodium-cycle cation exchange (water softening) units from industrial or commercial Users where the chloride content exceeds 600 milligrams per liter. ( I) Any water or waste containing suspended solids or color of a character and quantity that unusual attention or expense is required to handle those materials at the waste treatment facilities without a special permit issued by the City. (J) Any water or waste with a chlorine demand greater than 15 milligrams per liter. ( K) Any radioactive wastes or isotopes or half-life or concen- tration as may exceed limits established by the POTW in compliance with applicable state or federal regulations. (L) Volume of flow or concentration of wastes constituting slugs as defined in 53.004. ( M) Any waters or wastes containing substances which are not amenable to treatment or reduction by the wastewater treatment processes employed, or are amenable to treatment only to that degree that the wastewater treatment plant effluent cannot meet the requirement of other agencies having jurisdiction over discharge to the receiving waters. (N) Any waters or wastes containing suspended solids in excess of 175 milligrams per liter unless the User is approved by the City and provided further that the User complies with the requirements of the City's high strength sewer surcha~ge. ( 0) Any waters or wastes with a five-day, 200C B.O.D. greater than 220 milligrams per liter unless the User is approved by the City and provided further that the User complies with the requirements of the City's high strength sewer surcharge system. (P) Any waters or wastes containing chemical oxygen demand (COD) greater than 440 mg/L unless the User is approved by the City and provided further that the User complies with the requirements of the City's high strength sewer surcharge system. 20 ORD. NO. '. .- (Q) Total toxic organics as defined in 40 CFR, Part 413.03[c] are not to exceed 2.0 mg/l, with no one parameter over 1.0 mg/l. ( R) Any waters or wastes with an ammonia nitrogen content greater than 50 milligrams per liter unless the User is approved by the City and provided further that the User complies with the requirements of the City's high strength sewer surcharge. 53.053 Pretreatment, Equalization Of Waste Flows. (A) If any waters or wastes are discharged, or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in 53.052, and which, in the judgment of the Utilities Director, may have a deleterious effect upon the sewage works, processes, equipment, or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the Utility Director may: ( 1) Reject the wastes, ( 2 ) Require pretreatment to an acceptable condition for discharge to the public sewers, - (3) Require control over the quantities and rates of discharge, or (4 ) Require payment to cover the added cost of handling and treating the wastes not covered by existing fees or sewer charges as contained in the cities high strength sewer surcharge. (B) If the POTW permits the pretreatment or equalization of waste flows, the plans for the design and installation of the equipment shall be subject to the review and approval of the POTW and the City and subject to the requirements of applicable codes, ordinances, laws, and compliance schedules as established by the City. In addition, any major contributing industry as defined by 40 CFR 403 shall comply with 40 CFR 403.12 and any other regulation as shall from time-to-time be established by EPA or other appropriate regulating governmental agency. 53.054 Interceptors. Grease, oil, hair, lint and sand interceptors are to be provided when, in the judgment of the Utilities Director, they are necessary for the proper handling of liquid wastes containing grease or any other restricted substance in excessive amounts or any flammable wastes, sand, or other harmful ingredients; except that those interceptors shall not be required for private living quarters or dwelling units. All inter- ceptors shall be of a type and capacity approved by the City and shall be so located as to be readily and easily accessible for cleaning a inspection. 21 ORD. NO. - - 53.055 Maintaining Flow-Equalizing Facilities and/or Interceptors For Waste Pretreatment. Where waste pretreatment of flow equalizing facilities and/or interceptors are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the User at his expense. Use of solvents and/or detergents and/or soaps, and/or degreasers is restricted to those levels which do not interfere with the proper functioning of the interceptors. Interceptors like, but not limited to, grease traps, lint traps, or grit traps must have a watertight closure for their inspection covers. The covers themselves must be of a type to conform with the plu~ing codes of the City's Building Department. 53.056 Admission Of Industrial And Commercial Waste. All Users of the sanitary sewers shall recognize and comply with the following: (A) The economy and desirability of the combined treatment of industrial and commercial wastes and sanitary sewage is recognized. However, not all types and quantities of industrial and commercial wastes can be so treated. It shall be the City's policy to admit the types and quantities of industrial and commercial wastes that are not harmful or damaging to the structures, processes, or operation of the sewage works or are not specifically prohibited. In all cases, a special permit will be issued which will state specific conditions and requirements to be maintained. It is also recognized that to provide this service, additional facilities or treatment are required. The cost of which must be borne by the User receiving the benefits. (B) ( 1) Approval in advance by the City is required for the anticipated admission into the public sewers of industrial or commercial wastes having: a) A five-day, 200C B.O.D. greater than 220 milligrams per liter or chemical oxygen demand (COD) greater than 440 milligrams per liter. b) A suspended solids content greater than 175 milligrams per liter. c) Ammonia nitrogen greater than 50 milligrams per liter. d) An oillgrease content greater than 100 milligrams per liter. 22 ORD. NO. '. e) A total toxic organic content of greater than 2 milligrams per liter - with no one parameter over 1 milligrams per liter. (2) The User shall provide chemical analyses of the discharge according to a schedule to be established by the POTW and continued discharge shall be subject to approval of the City. (C) Samples shall be collected so as to be a representative sample of the actual quality of the wastes. Samples for analysis may be collected by the User or his representative. Analysis shall be made by a registered sanitary engineer or graduate chemist whose qualifications are acceptable to the City or a wastewater, treatment plant operator licensed and registered in the state, or a water testing laboratory certified by the state, using the laboratory methods for the examination of wastewater as set forth in 40 CFR 136. (D) When required by the Utili ties Director, any establishment discharging industrial or commercial wastes into the sewer system shall construct and maintain at its sole expense a suitable control manhole or other suitable control station downstream from any treatment, storage, or other approved works to facilitate observation, measurement, an~ sampling of all wastes including all domestic sewage from the establisi mente The location and methods of construction of the control station shall be approved by the Utilities Director. The control station shall be maintained by the establishment so as to be safe and accessible at all times. If any establishment wishes to meter its waste discharge into the sewer system to verify in-product water retention or other uses of metered flow, they may, at their sole expense, install a flow- metering device as approved by the Utilities Director. The control station shall be accessible to City personnel at all times for sampling. When required, construction of those facilities shall be completed within ninety (90) days following written notification by the City. 53.060 Compliance. (A) Industrial Users shall provide necessary wastewater treatment as required to comply with this chapter and shall achieve compliance wi th all national categorical pretreatment standards wi thin the time limitations as specified by the federal pretreatment regulations and as required by the City. Industrial Users with integrated facilities shall comply with any alternative discharge limits as set by the City. Any facilities required to pretreat wastewater to a level acceptable to the City shall be provided, operated, and maintained solely at the User's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the City for review at the request of the City. The review of those plans and operating procedure~ will in no way relieve the User from the responsibility of modifying t: facility as necessary to produce an effluent acceptable to the City under the provisions of this chapter. Any subsequent changes in the 23 ORD. NO. - pretreatment facilities or method of operation shall be reported to the City prior to the User's initiation of the changes. (B) All records relating to compliance with pretreatment standards shall be available to officials of the City, the POTW, EPA, or FDER upon request. 53.061 Application Of More Strinqent Requirements; City Shall Notify Affected Users. Upon the promulgation of the national categorical pretreatment standards or alternative discharge limits for a particular industrial subcategory, the pretreatment standard, if more stringent, than limitations imposed under this chapter for sources in that subcategory, shall immediately supersede the limitations imposed under this chapter and shall be considered part of this chapter. After the City receives notice, the City shall notify all affected Users of the applicable reporting requirements under 40 CFR 403.12. 53.062 City's Right Of Revision. The City reserves the right to establish by further ordinance or regulation more stringent limitations or requirements on discharges to the sewage works if deemed necessary to comply with the objectives presented in this chapter. 53.063 Excessive Discharqe/Water Meter Requirements. ( A) All Users are prohibited from increasing the use of process water or, in any way, attempting to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained in the national categorical pretreatment standards, alternative discharge limits, or in any other pOllutant- specific limitation developed by the city or state. (B) All categorical and significant industrial Users are required to possess their own individual water meter for purposes of monitoring the water consumption of that specific facility for any given time interval. At the discretion of the Utilities Director or his Designee any industrial or commercial User may be required to have a separate water meter to monitor the water consumption of that specific facility for any given time interval. The size requirements for a water meter will be based on known water consumption or the average of three similar industries or will be determined by the Utilities Director arbitrarily in the absence of available data. All costs related to the installation of the water meter shall be born by the User for which it was intended at the prevailing rate. 24 ORD. NO. . 53.064 Prevention of Accidental Discharqes. (A) Where determined by the Utilities Director, a User shall provide protection from accidental discharge of restricted and prohibited materials or other substances regulated by this chapter. Facilities to prevent accidental discharge of prohibited and restricted materials shall be provided and maintained at the owner's expense. (B) Prevention of. accidental discharges requires, but is not limited to, providing secondary containment for storage of potentially hazardous and/or regulated materials. The containment requirements are those now specified in, but not limited to, 40 CFR 264.170 through 176, (City of Delray Beach Code of Ordinance Well Field Protection Ordinances 88-7 Section 5.01 through 5.04), Sections 96.40 through 96.47. Contain- ment requirements must also meet or exceed the following criteria of this subchapter: ( 1) Containment Volume to be Provided shall be 150% of the total stored material. (2 ) Total Above. Ground Storage shall be less than 40,000_ gallons. No one item larger than 6,000 gallons and no more than six (f items at 6,000 gallons each are permitted at one site. (3 ) Storage Sheltering. All outdoor storage shall be sheltered from rainfall, or a suitable means of removing rainwater from secondary containment areas shall be provided. (4) Conditions of the Stored Vessel. All stored containers shall be maintained in sound condition. No rust, corrosion, or other signs of deterioration of the primary containment wall shall be permitted. All stored containers shall be closed and sealed during storage. (5) Segregation of Chemically Reactive Contents. Materials which are potentially reactive with each other shall not be stored in the same containment area, unless physical barrier separations are provided within the common area. (6) Stand-by Materials/Equipment. Absorbents and pumps for pumping out spills shall be available when needed. (7) Design of Containment Floor/Base. The floor or base of the containment area on which the stored vessels rest shall either be sloped or raised or provided with a drain faucet to prevent or minimize contact between the storage container wall and spilled content. ( 8 ) Materials of Construction for Containment. The wall~ sidings, and floor or base of the containment area shall be constructed 25 ORO. NO. - of materials which are chemically inert with the stored materials and which render the provided containment volume leak proof. (C) On the request of the City, the User shall be required to submit detailed plans showing facilities and operating procedures to provide this protection. All required Users shall complete this plan within ninety (90) days after notification by the City. If further required by the City, a User who commences contribution to the public sewers after the effective date of this chapter shall not be permitted to introduce pollutants into the system until accidental discharge procedures have been approved by the City. Review and approval of those plans and operating procedures shall not relieve the industrial User from the responsibility to modify the User's' facility as necessary to meet the requirements. (D) I n the case of an accidental discharge, it is the responsi- bility of the User to immediately notify by telephone, the Utilities Director, the Executive Director of the POTW, and the POTW. The notifi- cation shall include location of discharge, type of material, concen- tration and volume, and correction actions. 53.065 Written Report Required Describinq Cause Of Discharqe. Within five (5 ) days following an accidental discharge, the User shall submit to the POTW and the City a written report describing the cause of the discharge and the measures to be taken to prevent similar future occurrences. The notification shall not relieve the User of any expense, loss, damage, or other liability which may be incurred as a result of damage to the sanitary or storm sewer system, the POTW, fish kills, or any other damage to person or property; nor shall the notifi- cation relieve the User of any fines, civil penalties, or other liability which may be imposed by this chapter or other applicable law. 53.066 Notice To Employees In Event Of Oanqerous Discharge; Emergency Notification Procedure. A notice shall be permanently posted on the User's bulletin board or other prominent place advising employees of whom to call, in the event of a dangerous discharge. Furthermore, all employers shall ensure that all employees who may cause a dangerous discharge to occur are advised of the emergency notification procedure. 53.067 Notification of the Discharge of Hazardous Wastes. (A) All Industrial Users shall also have provisions for notifying the Executive Director of the POTW, the EPA Regional Waste Management Division Director, and the State hazardous waste authorities in writing of any discharge into the City Sewer System of a substance which is a listed or characteristic waste under Section 3001 of RCRA or 40 CFR part 261- Such notification must include a description of any such wastes discharged, specifying the volume and concentration of such wastes and 26 ORD. NO. '. - the type of discharge (continuous, batch, or other), identifying the hazardous constituents contained in the listed wastes, and estimating the volume of hazardous wastes expected to be discharged during the following twelve months. This requirement shall not apply to pollutants already reported under the self-monitoring requirements. (B) Dischargers to the sanitary sewer system are exempt from notification requirements during a calendar month in which they generate no more than 100 kilograms of hazardous wastes, unless the wastes are acute hazardous wastes which requires a one-time notification. Subsequent months during which the industrial User generates more than one hundred kilograms of hazardous waste do not require additional notification, except for the acute hazardous wastes specified in 40 CFR 261.5(e) , ( f) , (g) , and (j). (C) In the case of new regulations under Section 3001 of RCRA identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the i'ndustrial User must notify the Utilities Director of the discharge of such substance within 90 days of the effective date of such regulations, except for the exemption in paragraph (2) of this section. (D) In the case of any notification made under this section, tl industrial User shall certify that it has a program in place to reduce the volume and toxicity of wastes generated to the degree it has deter- mined to be economically practicable and that it has selected the method of treatment, storage, or disposal currently available which minimizes the present and future threat to human health and the environment. REPORTING, INSPECTIONS, AND MONITORING 53.080 Compliance Date Report. Within thirty (30) days following the date for final compliance with applicable pretreatment standards or, in the case of a new source, following commencement of the introduction of wastewater into the public/sanitary sewer system, the User shall submit to the Utilities Director, a monitoring report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by pretreatment standards and requirements and the average and maximum daily flow for these process units in the User facility which are limited by those pretreatment standards or requirements. The report shall state whether the applicable pretreatment standards and require- ments are being met on a consistent basis and, if not, what additional pretreatment is necessary to bring the User into compliance with the applicable pretreatment standards or requirements. This statement shal"t.- be signed by a registered professional engineer authorized to act , behalf of the User. 27 ORD. NO. . - 53.081 Periodic Compliance Report. Each significant industrial User and/or permittee shall submit to the City during the months of May and November, unless required more frequently in the pretreatment standards or by the City, a report indicating the nature and concentration of pollutants in the effluent which are limited by those pretreatment standards or this chapter. In addition, this report shall include a record of daily water consumption which, during the reporting period, exceeded the average daily water consumption reported in the submission information. At the discretion of the City and in consideration of such f actors as local high or low flow rates, holidays, budget cycles, and the like, the City may agree to alter the months during which the above reports are to be submitted. The User shall be responsible to quantify that fraction of daily water con- sumption designated for discharge to the sanitary sewer, if different from the total water consumption. 53.082 Inspection And Samplinq. The City, through its employees, is authorized to inspect the facilities of any User to ascertain whether all requirements are being complied with. Persons or occupants of premises where wastewater is created or discharged shall allow the City or its representative ready access at all reasonable times to all parts of the premises for the purposes of inspection, sampling, records examination, records copying, or in the performance of their duties. The City, POTW, state DER, and EPA shall have the right to set up on the User's property those devices as are necessary to conduct sampling inspection, compliance monitoring, or metering operations. Where a User has security measures in force which would require proper identification and clearance before entry into their premises, the User shall make necessary arrangements with their security guards so that upon presentation of suitable identifi- cation, personnel from the City, POTW, DER, and EPA will be permitted to enter, without delay, for the purposes of performing their specific responsibilities. 53.083 Information And Data To Be Made Available. Information and data on a User obtained from reports, question- naires, permit applications, permits and monitoring programs, and from inspections shall be available to the public or other governmental agency in accordance with applicable state statutes or federal law. WASTE DISCHARGE PERMITS 53.100 Special Permit Required; Term. 28 ORD. NO. . -, A special permit will be required for each Significant Industrial User, and all other Industrial Users identified as having other than domestic wastes or waste from sanitary conveniences at the discretion of the Utilities Director. The fixed life of a permit is set up to five years from date of issue, and a renewed waste discharge permit will have a fixed life of up to five years. These permits involve the implementa- tion of a formula for surcharge for wastes which exceed the sewage parameters for strength as set forth in 53.050 through 53.055. Permits shall not be transferred, conveyed, assigned, or sold. 53.121 Application For Permits. A waste discharge permit program for all -of the City's significant industrial or categorical industrial Users is adopted as follows: (A) The application for a waste discharge permit shall be of a form specified by the Utilities Director. (B) This application will define all of the pertinent data con- cerning the acceptance of industrial and commercial waste flows and will provide the basis for the issuing of a permit certificate specifyinCL limitations on what the User may discharge. The Permittee may appee specific conditions of the permit for a period of 30 calendar day::. following the date of issuance. After this period, the Permittee waives all right to appeal the conditions of the permit. (C) The initial permit shall be effective for a period of up to five years from date of issuance and must be renewed annually by the applicant in order to continue that waste discharge. (D) An application for an initial permit shall be accompanied by a cashier's check for the first year's fees as stated in Section 53.132. ( 1) Industrial and Commercial Waste Discharge Permit Form. The form of permit for industrial and commercial wastes shall be as specified by the City. Specific provisions for continued acceptance by the City of the waste shall be attached to and made a part of the permit to discharge. The City may prescribe those items as equalized flow discharge, prechlorination, or additional limitations on waste characteristics not adequately described in this chapter or may prescribe pretreatment quality, requirements for the waste flow in detail. (2 ) Renewal of Industrial and Commercial Waste Discharge Permit. The application for a renewed waste discharge permit shall be of a form specified by the City. (E) Administration of Permits. 29 ORD. NO. - The City, in addition to determining the waste flow volumes and analyzing the waste strengths for development of the surcharge, must also maintain an accurate record of the permit applications, permits, meter installation details, meter calibrations, and shall make available to each establishment the necessary renewal application forms. USER CHARGE AND INDUSTRIAL COST RECOVERY SYSTEM 53.130 User Charqes; Wholesale Sewer Rates; Calculation Of Sewer Surcharqe. (A) There is imposed upon the owners or upon the Users of each retail and wholesale customer served by the sewer system, a monthly User charge for the use thereof as follows: ( 1) Sewer Rates. A charge for waste resulting from human occupancy which shall include all of the following factors for the operation of the collection system and treatment of wastewater by the regional wastewater facility: (a) Operation and maintenance (b) Debt service (c) Capital costs (d) System expansion (e) Others as applicable Consult Utility Billing for the prevailing rates expressed as $/ 1,000 gallons of water consumption. (2) Sewer Surcharge. A surcharge for waste which exceeds parameters for strength established in this code may be assessed to applicable customers, pursuant to Section 53.130(G). (B) Connection Charges. (1) In addition to the rates set forth in S 54.130(0), there is established a sewer connection charge for each connection to the city sewage collection system. The sewer connection charge shall be the actual cost, which has been determined by the Director of Public Utilities to be $250 for each separate residential unit or commercial unit where sewer lateral lines exist or $850 for each separate residential unit or commercial unit where sewer lateral lines are absent. (2) Connection charges by users of the city sewage system wholly outside the corporate limits of the city are fixed at sums equal to the rates shown in Section 53.130(8)(10. The connection charge shall be paid to the city at that time of obtaining a permit for a connection 30 ORD. NO. . -- and shall be in addition to the permit fee. The size of the connection shall be determined by the Plumbing Inspector in accordance with Articles 7.6 and 7.7 of the Land Development Regulations. (a) For purposes of the application of the above- mentioned connection charges, the City shall be divided into two districts: ( 1) District No. 1 shall comprise all of the areas presently in the corporate limits of the City, except for that area described below. ( 2 ) The second district shall be known as the Southeast Interceptor and Force Main District which shall be adopted by reference and made a part hereof. (b) In those portions of District No. 1 where sanitary sewers re available, the connection charge herein established shall be applicable to all connections made after march 31, 1969. In the portions of District-No. 1 where no sanitary sewers are available, those properties shall not be subject to the connection charge provided thev-- are connected to the sanitary sewer within 60 days after acceptance c their particular collection system as operational by the Commission. I.L any person obtains a connection permit prior to either of the above deadlines, no connection charge shall be made during the life of the permit which shall be 30 days. (c) In the Southeast Interceptor and Force Main District, all improved properties presently in the city as of January 22, 1969, shall be charged in accordance with Section 53.130(B)(2)(b) above. All properties located in this district which are improved after January 22, 1969, shall be immediately subject to the connection charges levied herein. (d) All properties annexed to the corporate limits of this City after March 31, 1969, shall be subject to the connection charges herein established and Section 53.130(B)(2)(b) and (c) above shall not be applicable to those properties. (e) For purposes of this section improved property is that upon which a building is located, and for which a certificate of occupancy has been issued. (C) Exceptions to connection charge; Any structures that would ordinarily be subject to the connection charges set forth above shall be exempt if: -, ( 1) The structure is in a development in which the owner L_ developer at his expense has constructed and turned over to the City, 31 ORD. NO. _. . permanent sewer treatment, or transmission facilities adequate to serve that property and is a party to the Southwest Developers Agreement or the Northwest Developers Agreement or the structure is in a development that is at least 25% complete on January 31, 1977. For the purposes of this section, the meaning of the word development shall include but not be limited to structures, units or interests that are offered as a part of a common promotional plan of advertising and sale. (2 ) As to a particular structure, all permits including but not limited to building permits, water and sewer permits, have been issued not later than January 24, 1978, and the meter installations and water connection for those structures occur not later than July 24, 1978. ( 3 ) The exceptions created herein shall not apply to any permit issued prior to January 31, 1977; only those structures for which permits are issued subsequent to January 31, 1977, and which otherwise meet the above criteria, shall be exempt from the connection charges. (D) The following rates and charges shall be collected from the users of the city sewerage system: ( 1) Residential dwelling units. A monthly sanitary sewerage service charge is imposed upon each residential dwelling unit, as more specifically set forth hereinafter, to which sanitary sewerage service is available through the facilities afforded by the municipally-owned sewerage system, according to the following schedule: Inside Outside Residential City City (a) Capacity charge (per residential dwelling unit) $7.00 $8.75 (b) Commodity charge (based on metered water with maximum of 10,000 gallons): City (per 1,000 gallons) .55 .69 Inside Outside Residential City City South Central 32 ORD. NO. . - Regional Wastewater Treatment Disposal Board (per 1,000 gallons) $ .9170 $1.1463 Note: Where no water service is provided, there shall be a monthly customer charge of $2.16 per residential dwelling unit, and the commodity charge shall be based on the maximum of 10,000 gallons. (2 ) Nonresidential/commercial units. A monthly sanitary sewer service charge is imposed upon each commercial and nonresidential unit to which sanitary sewage service is available through the facilities afforded by the municipally-owned sewerage system, according to the following schedule: Nonresidential/ Inside Outside Commercial City City (a) Capacity charge (per meter): - 3/4- and I-inch meter $ 7.00 $ 8.75 1-1/2 inch meter 15.70 19.62 2-inch meter 28.06 35.07 3-inch meter 62.88 78.60 6-inch meter 254.75 318.43 (b) Commodity charge (based on 90% of metered-water): City (per 1,000 gallons) $ .55 $ .68 South Central Regional Wastewater Treatment Disposal Board (per 1,000 gallons) .9170 1.1463 Note: For those nonresidential/commercial units where water service j -- not available, the capacity and commodity charges shall be determined L~ unit classification standards for water usage. 33 ORD. NO. . ( 3 ) Sewerage - flow determination. The number of gallons of monthly sewerage flow for residential and nonresidential/commercial units shall be based upon the water usage for those units as indicated by a water meter, unless a customer installs at no cost to the City a separate meter to measure the actual sewerage flow from the subject unit. A separate meter may be used to measure actual sewerage flow for the calculation of charges only when the location, installation, and type of meter have been approved by the City Manager or his designee. (4 ) When effective. The initial rates for charges shall be effective the first day of the month following the date when the system is constructed, certified for use by the consulting engineer, and accepted by the City. (E) No sewer service shall be furnished or rendered free of charge to any person whomsoever, and the city, county, state, and the United States of America, and every agency, department, and instrumentality thereof, except where the City Water and Sewer Fund is the user, which uses any sewer service from the sewerage system, shall pay therefore at the rate fixed herein this subchapter. (F) Wholesale Sewer Rates. ( 1 ) This section is applicable to those wholesale customers which maintain their own wastewater collection systems. They shall be charged a flat rate per 1,000 gallons, the quantity of which shall be determined by the metering of the wastewater discharge from each whole- sale customer's individual wastewater collection system. (2 ) The metering device shall be satisfactory to the City and shall provide for a separate remote 30-day recording device which shall have a totalizer. Location of the metering device shall be at an accessible location as agreed upon by the parties involved and as further explained and stipulated in an agreement to be executed by both parties. (3) All costs incident to the furnishing, installation, initial calibration, and maintenance on a continuing basis of the meter, are and shall be, the wholesale customer's responsibility. The whole- sale customer will provide to the City or its designated representative full details on the proposed meter installation and assurance that the installation will commence only upon the written authorization of the city. The City shall provide an authorization within ten (10) days after receipt by the City of the details of the above proposed meter installation. (4) The meter shall be read monthly by a duly authorized agent of the City, and the wholesale customer shall provide access to the meter for this purpose. In the event of suspected inaccuracy in 34 ORD. NO. . meter readings, the City shall have the right to request that the meter be tested by an independent organization in accordance with standard practices. If the meter shall be found inaccurate or defective, the cost of the meter test shall be borne by the wholesale customer. If the meter shall be found to be accurate and in good condition, the cost of the meter test shall be borne by the City. (5) In the event of extenuating circumstances, the Commission may, at its discretion,. direct that sufficient proof other than the installation of a metering device may be acceptable to determine the quantity of wastewater discharge. (G) Calculation of Sewer Surcharge. (1) Calculation of the sewer surcharge shall be in accordance with the following: Percent of Affect Allowable Level of Parameter on Costs Sewage Strength BOD-5 41 220 mgll (ppm) TSS 15 175 "" -, Ammonia 41 50 " " COD 41 440 " " Oil/Grease 41 100 mgll (ppm) Let: F = Fl + F2 + F3 + F4 Where: F = The factor to multiply the sewer rate for a surcharge due to excess strengths. Fl = the strength factor for BOD-5 or COD, whichever is higher. F2 = the strength factor for TSS (total suspended solids) F3 = the strength factor for ammonia (total ammonia) F4 = the strength factor for oillgrease (2) The surcharge will be added to the sewer rate to develop the monthly cost per customer. As an example of sewer charge calculc - tions utilizing sewer rate and the strength surcharge formula, assum... the following with respect to Ajax Manufacturing Company: total monthly 35 ORD. NO. flow of 100,000 gallons; COD of 600 mg/l; BOD5 of 500 milligrams per liter; total suspended solids of 900 milligrams per liter; Ammonia at 100 mg/l;Oil/Grease at 200 mg/l; Prevailing monthly sewer rate is $1. 52 per 1,000 gallons ( 1 ) Sewer Rate: $1.52/1000 gallons (100,000 gallons/month) = $152/month (2 ) Sewer Surcharge Calculation: Fl = 0.41 (500-220) = 0.52 220 F2 = 0.15 (900-175) = 0.62 175 F3 = 0.41 (100-50) = 0.41 50 F4 = 0.41 (200-100) = 0.41 100 F = 0.52+0.62+0.41 + 0.41 = 1.96 (3 ) Total Monthly Charge (Sewer Rate Plus Surcharge): $152/month + $152/month ( 1. 96) = $ 449.92 ('80 Code, 29-74) ( H) All statements for sewer service shall be submitted monthly on the same statement as the charges for water service and shall be due and payable at the same time as the statement for water services; however, the charge for sewer service shall be made a separate item thereon. NonpaYment of these charges shall render the user subject to the provisions of S 52.51 provided for nonpayment of water bills as now or hereafter established by the ordinances of this city. The owner of the property being serviced by city sewer shall be responsible for all charges against that property for sewer use, unless otherwise prohibited by law. Charges for delinquent accounts shall include collection costs and reasonable attorney fees. 53.131 Application Of Surcharqe Over Standard Use Fee. (A) A surcharge shall be applied over and above the standard sewer use fee when the wastes from any lot or parcel of land, upon which there is located any building or activity, contain B.O.D.,Oil/Grease, C.O.D. , 36 ORD. NO. , ammonia, or suspended solids concentration higher than defined in 53.050 through 53.056. (B) The surcharge in dollars shall be computed by the formulas included in this subchapter established for the User charge and industrial cost recovery system. Computation of Surcharges will be based on effluent analyses at a frequency determined by the User's water consumption as follows: (1) Monthly effluent analyses for water usages at more than 100,000 gallons per month (2 ) Semi annual effluent analyses for water consumption less than 100,000 gallons per month Surcharges will remain in effect until a new effluent analysis is required or changed based on interim analyses by the User using a Certified Water Testing Laboratory at the User's expense. Sewer Surcharges will be separately billed on the utility bilL prepared monthly for each User of the treatment works. Surcharges sha~ be subject to prevailing regulations and penalties for late paYments 0... nonpaYment. Reimbursements of Surcharge related monitoring expenses initiated by the City of Delray Beach are required in accordance with Section 53.132 (B)(2) . (C) Nothing in this chapter shall restrict the City from making additional adjustments in rates if it is found that the nature or quantity of the waste creates an additional burden on the system or if those adjustments are necessary to comply with regulations of the State Department of Environmental Regulation or the United States Environ- mental Protection Agency. 53.132 Industrial Cost Recovery System. (A) There is imposed upon all Users of each industrially and commercially classified property served by the sewer system an annual cost recovery assessment. (B) The annual cost recovery is as follows (See also 53.101): ( 1) SIU Industrial Permit Fee-$500.00 plus monitoring costs. (2 ) Commercial/Industrial User Fee-$50.00 plus monitoring costs 37 ORD. NO. - Permit Fees, Commercial/Industrial User Fees and related monitoring cost reimbursements shall be paid within thirty (30) days of Permit issuance or receipt of Monitoring Cost Recovery Notice. Commercial/Industrial User Fees will be separately billed on the utility bill . The fee will be prorated over a 12-month period, resulting in a monthly charge of $4.17. (C) SIU Industrial Permit Fees and Commercial/Industrial User Fees shall be prorated for existing permit holders and Users upon enactment of this Ordinance. 53.133 Review And Amendment on Annual Basis. This subchapter shall be subject to review and revision on the minimum of an annual basis, and the City reserves the right to modify this subchapter or any parts thereof at any time or from time-to-time. 53.134 Notice Of Violation; Liability For Expense, Loss, Or Damage. Any person violating any of the provisions of the subchapter shall become liable to the City for any expense, loss, or damage occasioned the City by reason of that violation. ADMINISTRATION 53.135 Right To Enter Premises And Obtain Information Concerning Discharges. ( A) To the extent permitted by general law, the proper official and other duly authorized employees of the City or the POTW bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, observations, measurement, sampling, and testing in accordance with the provisions of this chapter. The official or his representatives will not inquire into any processes including metallurgical, chemical, oil, refining, ceramic, paper, or other industries beyond that point having a direct bearing on the kind and source of discharge to the sewers or waterways or facilities for waste treatment. (B) To the extent permitted by general law, the proper official and other duly authorized employees of the City or the POTW bearing proper credentials and identification shall be permitted to enter all private properties through which the City holds an easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair, and maintenance of any portion of the sewage works lying within that easement. 38 ORD. NO. . ' - 53.136 Suspension Of Wastewater Treatment Service; Notice To Stop Discharqe; Failure To Comply. ( A) The City may suspend the wastewater treatment service to any User, including other local governments, when the suspension is necessary, in the opinion of the Utilities Director, in order to stop an actual or threatened violation which presents or may present an imminent or substantial endangerment to the health or welfare of persons or the environment, causes interference to the POTW, caused the POTW to violate any condition of its NPDES permit, or causes the City to be in violation of any of its agreements with the POTW. (B) Any User notified of a suspension of the wastewater treatment service shall immediately stop or eliminate the contribution. In the event the User fails to voluntarily comply with the suspension order, the City shall take steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the City or POTW systems or endangerment to any individuals. The City may reinstate the wastewater treatment service upon proof of the elimination of the noncomplying discharge. A detailed written statement submitted by the User describing the causes of the harmful contribution and thp- measures taken to prevent any future occurrence shall be submitted t the City within fifteen (15) days from the date of the occurrence. 53.140 Publication of Users in Siqnificant Noncompliance The City shall publish annually, in the largest daily newspaper published in the City a list of the industrial users which, during the previous 12 months, were in significant noncompliance with applicable pretreatment standards and requirements. The term significant noncompliance shall mean: (A) Chronic violations of wastewater discharge limits, defined here as those in which sixty-six percent (66\) or more of wastewater measurements taken during a 6-month period exceed the daily maximum limit or average limit for the same pollutant parameter by any amount; (B) Technical Review Criteria (TRC) violations, defined here as those in which thirty-three percent (33\) or more of wastewater measurements taken for each pollutant parameter during a 6-month period equals or exceeds the product of the daily maximum limit or the average limit multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except PH); (C) Any other discharge violation that the City believes has caused, alone or in combination with other discharges, interference or- pass through (including endangering the health of City personnel or tJ general public); 39 ORD. NO. (D) Any discharge of pollutants that has caused imminent endangerment to the public or to the environment, or has resulted in the City's exercise of its emergency authority to halt or prevent such a discharge; (E) Failure to meet, within 90 days of the scheduled date, a compliance schedule milestone contained in a wastewater discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance; (F) Failure to provide within 30 days after the due date, any required reports, including baseline monitoring reports, 90 day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules; (G) Failure to accurately report noncompliance; (H) Any other violation(s) which the City determines will adversely affect the operation or implementation of the local pretreatment program. VIOLATIONS; REMEDIES 53.150 Notification of Violations. Whenever the City finds that any User has violated or is violating any of the provisions of this chapter, or any prohibition, limitation of requirements contained herein, or any regulations promulgated by the City pursuant to this chapter, the City may serve upon that User a written notice stating the nature of the violation. Within 30 days of the date of the notice, a plan for the satisfactory correction thereof shall be submitted to the City by the notified User. 53.151 False statements Of Documents Prohibited. No person shall knowingly make any false statements, repre - sentation, or certification in any application, record, report, plan, or other document filed or required to be maintained pursuant to this chapter; or falsify, tamper with, or knowingly render inaccurate any monitoring device or method required under this chapter. 53.157 Show Cause Hearinq. (A) Any User subject to enforcement action under the provisions of this chapter may request a hearing before the Director of Utilities within ten days of receipt of notification of proposed enforcement action. The imposition of a surcharge is not considered an enforcement action. A hearing is to be held by the Director of Environmental Services concerning the violation, the reasons why the action is to be 40 ORD. NO. " ' - taken, the proposed enforcement action, and directing the User to show cause before the Director of Environmental Services why the proposed enforcement action should not be taken. (B) The Director of Environmental Services may conduct the hearing and take the evidence, or, at the Director of Environmental Service's sole discretion, may designate any officer, City employee, or indepen- dent arbitrator to: ( 1 ) Issue in the name of the City notices of hearing requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in,that hearing; (2 ) Take evidence and hear testimony (the strict rules of evidence shall not apply to any hearing); ( 3) Transmit a report of the evidence and hearing including transcripts and other evidence, together with recommendation to the Director of Environmental Services for action thereon. (C) At any hearing held pursuant to this chapter, testimony take..... must be under oath and recorded. A transcript of the hearing will 1 made available to any member of the public or any party to the hearin~ upon payment of the usual charges. (D) After the Director of Environmental Services has reviewed the evidence, he may issue an order to the User responsible for the dis- charge directing that, following a specified time period, the sewer service be discontinued by the City unless adequate treatment facilities, devices, or other related appurtenances shall have been installed on existing treatment facilities, and that those devices or other related appurtenances are properly operated. Further orders and directives as are necessary and appropriate may be issued. (E) The City shall also establish and assess against the User appropriate surcharges or fees to reimburse the City for the additional cost of operation and maintenance of the wastewater treatment works due to the violation of this chapter. (F) Any action by the Director of Environmental Services may be appealed to the City Manager. 53.153 Legal Action Against Use For Appropriate Relief. If any person discharges sewage, industrial wastes, or other wastes into the City's wastewater disposal system contrary to the provisions o~ this chapter, federal or state pretreatment requirements, or any Ord of the City, the City's attorney may commence an action against the Us~_ for appropriate legal relief, in the appropriate court which has 41 ORD. NO. - jurisdiction; and to the extent permitted by law, shall seek recovery of all City costs and expenses related to those actions against the User by the City. 53.154 Retention Of Records Required. All Users are required to retain and preserve for no less than three ( 3 ) years, any records, books, documents, memoranda, reports, correspondence, and any and all summaries thereto, relating to moni- toring, sampling,waste hauling and chemical analyses made by or on behalf of a User in connection with its discharge. All records which pertain to matters which are the subject of administrative adjustment or any other enforcement or litigation activities brought by the POTW or the City pursuant hereto shall be retained and preserved by the User until all enforcement activities have concluded and all periods of limitation with respect to any and all appeals have expired. 53.500 Enforcement Plan. An escalating enforcement strategy shall be used by the City to maintain compliance with this Ordinance. The various types of enforce- ment actions shall be used as determined by the Director of Utilities in consultation with Code Enforcement Division or the City Attorney depending on the type or severity of the violation. A copy of the enforcement plan will be kept on file at the POTW. 53.999 Penalties. (A) Any User who is found to have violated an Order of the City or who fails to comply with any provision of this chapter for which another penalty is not provided, and the orders, rules, and regulations issued hereunder, shall be penalized up to $1,000 per day for each of fense. Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense. In addition to the penalties provided herein, the City may recover all reasonable attorneys' fees, court costs, court reporters' fees, and other expenses of litigation by appropriate motions or suit at law against the User or person found to have violated this chapter or the orders, rules, regulations, and permit issued hereunder. (B) Any person who shall continue any violation beyond the time limit provided for in 53.150 shall be guilty of a violation, and on conviction thereof, shall be penalized in the amount not exceeding $5,000 for each violation. Each day in which any violation shall continue shall be deemed a separate offense. (C) Within 30 days of any and all violations, the User shall cause a sample of the discharge to be taken and laboratory analysis performed on said sample at their expense with the results to be provided to the 42 ORD. NO. '. - - Utilities Director. The Utilities Director may require further sampling at such times as deemed appropriate. (D) Whoever violates 53.151 shall, upon conviction, be punished by a fine of not more than $1000 or by imprisonment for not more than sixty (60) days, or by both. Section 2. That Chapter 54, "Sewers", of the Code of Ordinances of the City of De1ray Beach is hereby repealed in its entirety. Section 3. That all ordinances or parts of ordinances which are in conflict herewith are hereby repealed. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That this ordinance shall become effective ten (10) days after its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final readir, - on this the day of , 1993. MAYOR ATTEST: City Clerk First Reading Second Reading 43 ORO. NO.