08-16-94 Regular/Budget
.
. DELR -\ \ BE\( H
I td!td
CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION REGULAR MEETING
AII.America City
AUGUST 16. 1994 - 6:00 P.M./PUBLIC HEARING 7:00 P.M. , I II I '
COMMISSION CHAMBERS
The City shall furnish appropriate auxiliary aids and serVlces where
necessary to afford an individual with a disability an equal opportunity
to participate in and enjoy the benefits of a service, program, or acti-
vity conducted by the City. please contact Doug Randolph 243-7127
(voice) , or 243-7199 (TDD) , 24 hours prior to the program or activity In
order for the City to reasonably accommodate your request. Adaptive
listening devices available for meetings in the Commission Chamber.
RULES FOR PUBLIC PARTICIPATION
1. PUBLIC COMMENT: The public is encouraged to offer comments with the
order of presentation being as follows: City Staff, public comments,
Commission discussion and official action. City Commission meetings are
business meetings and the right to limit discussion rests with the
Commission. Generally, remarks by an individual will be limited to three
minutes or less, (10 minutes for group presentations) The Mayor or
presiding officer has discretion to adjust the amount of time allocated.
A. Public Hearings: Any citizen is entitled to speak on items
under this section.
B. Comments and Inquiries on Non-Agenda Items from the Public: Any
citizen is entitled to be heard concerning any matter within the
scope of jurisdiction of the Commission under this section. The
Commission may withhold comment or direct the City Manager to take
action on requests or comments.
C. Regular Agenda and First Reading Items: When extraordinary
circumstances or reasons exist and at the discretion of the
Commission, citizens may speak on any official agenda item under
these sections.
2 . SIGN IN SHEET: Prior to the start of the Commission Meeting,
individuals wishing to address public hearing or non-agendaed items
should sign in on the sheet located on the right side of the dais. If
you are not able to do so prior to the start of the meeting, you may
still address the Commission on an appropriate item. The primary purpose
of the sign-in sheet is to assist staff with record keeping. Therefore,
when you come up to the podium to speak, please complete the sign-in
sheet if you have not already done so.
3 . ADDRESSING THE COMMISSION: At the appropriate time, please step up
to the podium and state your name and address for the record. All
comments must be addressed to the Commission as a body and not to
individuals. Any person making impertinent or slanderous remarks or who
becomes boisterous while addressing the Commission shall be barred by the
presiding officer from speaking further to the Commission unless
permission to continue or again address the Commission is granted by
majority vote of the Commission member present.
.
.
!
City Commission
Regular Meeting
8/16/94
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 proceedings, and for
this purpose such persons may need to ensure that a verbatim record 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
f!/t:::,~~dh . ~.~:~~
1. Roll Call. ~j ~~ .
dd~' ~
2. Invocation. ~ 'lU..v/~ Q,d..dJA1~ 911- ~
3. ~~3 $~O..l
Pledge of Allegiance to the Flag. ~ . ^
/ ~ D / J. E ~1J(~?U~
4. Agenda Approval. ~ /
Action: Motion to Approve. (4 5"- 0
5. Approval of Minutes: None
6. Proclamations: ~-
A. National Osteopathic Medicine Week - October 9-15, 1994
B. Literacy Awareness Month - September, 1994
7. Presentations:
8. Consent Agenda: City Manager recommends approval. ~.I? 5-0
A. INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY/BEACH NOURISHMENT
Approve proposed new interlocal agreement with Palm Beach
County relative to funding for the Beach Nourishment Project.
B. INTERLOCAL AGREEMENT WITH NORTHERN PALM BEACH COUNTY WATER
CONTROL DISTRICT, N.P.D.E.S. PROGRAM: Approve interlocal
agreement with Northern Palm Beach County Water Control
District as part of the City's effort to comply with the EPA's
National Pollutant Discharge Elimination System (N.P.D.E.S.) .
C. RESOLUTION NO. 63-94: Authorize agreement with FDOT and the
CSX Transportation Company for the installation and maintenance
of certain grade crossings and traffic control devices at S.W.
10th Street.
D. RESOLUTION NO. 64-94: Approve a resolution assessing costs for
abatement action required to demolish an unsafe structure at
617 N.W. First Street.
E. RESOLUTION NO. 65-94: Approve acquisition of vacant property
located at the corner of N.W. 2nd Street and N.W. 9th Avenue
from Lori J. Durante to provide for affordable housing,
.
.
. City Commission
Regular Meeting
8/16/94
pursuant to the State Housing Initiative Program (SHIP) , in the
amount of $8,500.00.
F. RESOLUTION NO. 66-94: Approve acquisition of vacant property
located at the corner of N.W. 2nd Street and N.W. 10th Avenue
from Regenia and Larry Scott to provide for affordable housing,
pursuant to the State Housing Initiative Program (SHIP) , in the
amount of $8,000.00.
G. RESOLUTION NO. 67-94: Approve acquisition of vacant property
located on N.W. 10th Avenue, south of N.W. 2nd Street from
Regenia and Larry Scott to provide for affordable housing,
pursuant to the State Housing Initiative Program (SHIP) , in the
amount of $8,500.00.
H. RESOLUTION NO. 68-94: Approve acquisition of vacant property
located at the corner of S.W. 4th Street and S.W. 7th Avenue
from the Church of the Living God, New Macedonia, to provide
for affordable housing, pursuant to the State Housing
Initiative Program (SHIP) , in the amount of $6,500.00.
I. RESOLUTION NO. 69-94: Approve Resolution of Necessity
authorizing the Filing of Eminent Domain proceedings for a
Parcel Required for S.W. 10th Avenue. This is the last parcel
needed for the construction of S.W. 10th Avenue from Linton
Boulevard to S.W. 10th Street.
J. RATIFICATION OF SCRWTD BOARD ACTIONS TAKEN JULY 21. 1994:
Approve the 1994/95 Budget, Capital Projects, Capital Assets,
and Repair and Replacement expenditures.
K. CONTRACT WITH THE NATURE CONSERVANCY/LEON WEEKES ENVIRONMENTAL
PRESERVE: Approve contract with The Nature Conservancy
relative to controlled burn(s) at the Leon Weekes Environmental
Preserve.
L. AMENDMENT TO LEASE AGREEMENT/BUCKY DENT BASEBALL SCHOOL:
Approve Addendum No. 5 to the lease agreement with the Bucky
Dent Baseball School, wherein a provision is added for the
payment of sales tax on the monthly rent collected.
M. AWARD OF BIDS AND CONTRACTS:
. I ~ LtNJPaJ Bid Award Cabana and beach equipment rental Bandana
~ILU (i 1. - -
r " Beach Service, Inc. in the annual amount of $42,000.
~
,It)' Renewal Computerized irrigation with
. 2 . Contract - system
Hector Turf - in the amount of $49,234.00 with funding
from the General Construction Fund - Landscaping/
Beautification (Account No. 334-4170-572.63-20) .
3. Bid Award - Housing Rehabilitation Grant Award through the
State Housing Initiatives Partnership Program (SHIP) - in
the amount of $26,110.00, with funding from the Community
Development SHIP Program (Account No. 118-1924-554.49-90) ,
.
.
City Commission
Regular Meeting
8/16/94
through budget transfer from prior years' SHIP Revenues
(Account No. 118-0000-337.48-00)
4. Contract award - Johnson-Davis, Inc. , for construction of
approximately 1,788 feet of 12" D. 1. P. water main along
N.E. 3rd Avenue between N.E. 19th Street and Atlantic High
School, in the amount of $119,017.00, with funding from
Water and Sewer Revenue Bond - Water Main N.E. 3rd Avenue
(Account No. 440-5179-536.63-58) .
5. Bid Award - Feterl Manufacturing, Co. for Corner Mounted
Crane/Service Truck Body - in the amount of $30,475, with
funding from Water & Sewer - Machinery/Equipment (Account
No. 441-5161-536.64-90) .
9. Regular Agenda:
A. REVIEW OF APPEALABLE LAND DEVELOPMENT ACTIONS OF VARIOUS
BOARDS: Consider accepting the actions and decisions made by
the Planning and Zoning Board, Site Plan Review and Appearance
Board and the Historic Preservation Board during the period
August 1 through August 12, 1994. 4~ 5'-0
B. AGREEMENT WITH TROPIC HARBOR ASSOCIATION FOR A/C DISCHARGE
LINES REIMBURSEMENT: Consider a request from the Tropic Harbor
homeowners association regarding the cost of t~temporary
connections for the A/C discharge lines. ~ ~' 4t:~k
C. ~ ~~- 5-0 J/M.!t-' '.f!/-l'lIt^N#,/ 'tI .
CHANGE OR R . 3/MOLLOY BROTHERS. INC.: Consider Add Change
Order No. 3 and 5 day extension to the contract time with
Molloy Brothers, Inc. , for Street Reconstruction and Utility
Improvements (NW/NE) project; adding replacement of existing
Ju deteriorated sanitary manhole on Del Aire Boulevard in the
~ff Pines of Delray, with funding from Water & Sewer Manhole
~ Rehabilitation (Account No. 441-5178-536.61-841. %' 5-0
Xl .0. RESOLUTION NO. 70-94: Consider a resolution establishing the
~ t ~~' Pompey Park Committee as an advisory body to the Commission, to
f!/'tv ~eal~ 1 make recommendations regarding the programs and activities to
'fl' /q @e held at Pompey Park. .,re:f/~ d.dt~ ~~d.~
n, '~~ 81'9- ~~S//C 3/~ O-/C: ~-
, ~ .,f E . GOLF COURSE CLUBHOUSE CONSTRUCTION CONTRACT I INTERCOUNTY
. / ENGINEERING. INC.: Conslder constructlon contract for Golf
./ Course Clubhouse installation and improvement of on-site
utilities - to InterCounty Engineering, Inc. - with funding in
the amount of $47,760 from Water Utilities (Account No.
441-5161-536.63-50) ; and $62,750.00 from Sewer Utilities
(Account No. 442-5178-536.61-83) through budget transfer from
Renewal & Replacement (Account No. 44 -5178-536-99-01) .
Af/ tff .y' -/
F. APPOINTMENT TO THE BOARD OF CONSTR CTION APPEALS: Appoint a
member (real estate broker/insurance agent position) to the
Board of Construction Appeals to a term ending August 31, 1996.
'li//I,{.tfi'tt It< /' / '/
! .' j.'"-'
<L/'
.
.
City Commission
Regular Meeting
8/16/94
G. APPOINTMENTS TO THE DELRAY BEACH HOUSING AUTHORITY: Appoint
three members to the Delray Beach Housing Authority to four
year terms ending July 14, 1998.
~
10. Public Hearings: 7/06
A. ORDINANCE NO. 59-94: An ordinance annexing a 1. 07 acre parcel
known as The Boys Farmers Market (north parcel) , providing for
small scale land use plan amendment, and establishing initial
zoning of GC (General Commercial) . The subject property is
located on the east side of Military Trail, approximately 2,100
feet north of Atlantic Avenue. ~/~ S-o
B. ORDINANCE NO. 60-94: An ordinance amending Chapter 52,
"Water" , Section 52.39, "Other Fees" , by enacting a new
Subsection 52.39(1), "Fee for Maintenance of Improvements
Within Right-of-Way" , to provide for an additional fee to
customers for the installation and long term maintenance of
irrigation systems and improvements within the adjacent
right-of-way.
11. Comments and Inquiries on Non-Agenda Items from the Pub1ic-
Immediately following Public Hearings.
A. City Manager's response to prior public comments and inquiries.
B. From the Public.
12. First Readings:
~~~.
':1/ J-A. / ORDINANCE NO. 61-94: An ordinance annexing a part of Rockland
.\l'~' P Park Subdivision and establishing initial zoning of RL (Low
;~\ j r ~/: . Density Residential). The subj ect property contains 11.63
~'fi^ \; ? acres and is located on the west side of Military Trail,
J ~ '~!l) approximately 2,800 feet north of Atlantic Avenue. Second
~Q?\,tp reading is expected in December, 1994. ~ - a/-d' 5--0
~~~~ B. ORDINANCE NO. 62~94, An ordinance annexing a 16.15 acre parcel
~\"i, I} of land known as the Lee Property and establishing initial
" zoning of R-1-A (Single Family Residential). The subject
property is located west of and adjacent to Kingsland Pines
Subdivision on the west side of Gallagher Road. Second reading
is expected in December, 1994. 0-0 Qjf(
C. ORDINANCE NO. 63-94: An ordinance rezoning 9.25 acres of land
from RM (Medium Density Residential) District to LI (Light
Industrial) District. The subject property is located on the
north side of S.W. 10th Street, between S.W. 13th Avenue and
S.W 15th Avenue. Second reading is expected in December, 1994.
~ q;d. i1:ffi:1;, ~~~#
0~ thu ~/(~ - t, : ..7 s //1,
.
City Commission
Regular Meeting
8/16/94
D. ORDINANCE NO. 64-94: An ordinance amending the City's Code by
enacting a new Chapter 57, "Telecommunication Services", to
provide the authority to require a permit for telephone,
telemetry, video, intercom, data and telecommunications lines,
cables and conduits wi thin City rights -of -way which provide
toll and private telephone and telecommunications services, and
to assess fees for these permits. If passed, public hearing on
September 13, 1994.
E. ORDINANCE NO. 65-94: An ordinance amending the City's Code by
enacting a new Chapter 58, "Wireless Communications Systems",
to provide the authority to require a permit for and to assess
fees for the placement of micro cells, pico cells or other
forms of transmitters and receivers which provide telephone,
paging or other similar wireless communication services on or
within City rights-of-way. If passed, public hearing on
September 13, 1994.
13. Comments and Inquiries on Non-Agenda Items.
A. Commission
B. City Attorney
C. City Manager
Budqet Workshop 2': .30 - / /;':<'0 PI1
A. Transmittal Letter
B. Commission Questions on the Proposed Budget
.
CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION
REGULAR MEETING - AUGUST 16, 1994 - 6:00 P.M.
PUBLIC HEARINGS - 7:00 P.M.
COMMISSION CHAMBERS
AGENDA ADDENDUM
THE REGULAR MEETING AGENDA IS AMENDED TO INCLUDE:
9.H. EMERGENCY REPAIRS TO CLARIFIER NO. 3 /WATER TREATMENT PLANT:
Approve $20,000.00 to EIMCO Process Equipment to perform
emergency repairs to the rake mechanism in Clarifier No. 3 at
the Water Treatment Plant. EIMCO is the sole source vendor.
Funding is available from Water & Sewer Renewal and Replace-
ment - Other Contractual Services (Account No. 442-5178-536.
34-90) through budget transfer from Renewal and Replacement
Project Reserves (Account No. 442-5178-536.99-01) .
S-o
.
[ITY DF DElRAY BEA[H
DElRA ~ BEACH
1t~'*':iI - -.-
A11.America City
1 , II I' PROCLAJIA TIO'
lijLl{
WHEREAS, Osteopathic Physicians dedicate themselves
to provide quality, cost-effective health care to all
Americans; and,
WHEREAS, the State of Florida has 1,361 Osteopathic
Physicians who are committed to meeting the needs of the entire
family by providing primary health care services and speciality
care; and,
WHEREAS, the citizens of Delray Beach, Florida,
recognize the need for physicians who are committed to
preventative, holistic health care.
NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the
City of Delray Beach, Florida, on behalf of the City
Commission, do hereby proclaim October 9, 1994 through
October 15,1994 as
NATIONAL OSTEOPATHIC MEDICINE WEEK
in Delray Beach, Florida, and urge all citizens and community
organizations to salute the dedicated physicians who give this
city quality and compassionate health care.
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 16th day of August, 1994.
MAY 0 R
THOMAS E. LYNCH
SEAL
bA
,
.
.
[ITY DF DElRAY BEA[H
DELRA Y BEACH
~~A~1I
AI~America City
'1111' PROCLAJIA TNI
WHEREAS, an estimated 90 million adults (47 percent
of the adult population of the United States) do not have the
literacy skills required to fully participate in society; and,
WHEREAS, adult illiteracy costs society an
estimated $225 billion a year in lost industrial productivity,
unrealized tax revenues, welfare, crime, poverty, and related
social ills; and,
WHEREAS, in Florida one in five adults are
functionally illiterate; and in Palm Beach County it is
estimated that as many as 100,000 adults lack basic literacy
skills; and,
WHEREAS, the Palm Beach County Literacy Coalition
serves to promote the learning of basic reading, writing, and
mathematic skills and to engage in programs to further literacy
within our county; and,
WHEREAS, elementary school children and staff all
over Palm Beach County will be celebrating International
Literacy Day on September 8, 1994, wearing "READ WITH ME"
stickers; and,
WHEREAS, many businesses will be competing in the
Coalition's "Great Grown-Up Spelling Bee" on
September 17, 1994, to raise literacy awareness; and,
WHEREAS, the Literacy Coalition is asking each
individual in Palm Beach County of "Celebrate Reading: It
Opens New Worlds", in September by initiating or renewing the
reading habit.
NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the
City of Delray Beach, Florida, on behalf of the City
Commission, do hereby proclaim September, 1994 as
LITERACY AWARENESS MONTH
in Delray Beach, Florida, and urge all citizens interested in
acquiring services or information regarding literacy to contact
the Palm Beach County Literacy Coalition.
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 16th day of August, 1994.
MAY 0 R
THOMAS E. LYNCH
SEAL
10/3
- - . .
,
.
( ;A(
. [1-)
I
[IT' DF DELIA' BEAEH
CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE. DELRAY BEACH, FLORIDA 33444
FACSIMILE 407/278-4755 Wr~t_r.. D~r_ct L~n_
DELRA Y BEACH (407) 243-7090
F LOR I () A
.......
AII.America City
l' III! MEMORANDUM
Date: August 11, 1994
1993
To: City Commission
From: David N. Tolces, Assistant City Attorn~
Subject: Interlocal Agreement Between Palm Beach County and
City of Delray Beach - Beach Renourishment Project
I reviewed the proposed agreement between the City and Palm
Bea,ch County. The agreement is sufficient as to legality
and form. Please call if you have any questions.
DNT: smk
Attachment
cc: David T. Harden, City Manager
Sharon Morgan, City Clerk's Office
Diane Dominguez, Director of Planning & Zoning
John Walker, Project Coordinator
beach2.dnt
@ Printed on Recycled Paper 9A
'.
.
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: g;;;HA , CITY MANAGER
I
.-.- (}~ -llJ
DIREC~ O~LANNING AND ZONING
THRU: DIA DOMINGU
FROM: JOHN WALKER, PROJECT COORDINATOJ.-t! ttJA--
(/'1
SUBJECT: MEETING OF AUGUST 16, 1994 - CONSENT AGENDA
APPROVAL OF INTERLOCAL AGREEMENT - BEACH FUNDING
ACTION REQUESTED OF THE COMMISSION:
The action requested of the Commission is that of approvinq
an inter local agreement between Palm Beach County and the
City relative to funding for the Beach Nourishment Project.
BACKGROUND:
The City first entered into an agreement with the County in 1973,
to fund a portion of the local share cost of the Beach
Nourishment Project. That agreement was extended and modified
through the years to address changing administrative conditions
and funding levels. The most recent agreement expired September
30, 1993.
City and County staff have negotiated a new, proposed, agreement
which would be effective October 1, 1993 and run through
September 30, 2023. This agreement commits the County to fund,
on a reimbursement basis, the local (non-federal and non-state)
share of the cost of the Beach Nourishment Project, including
construction, design and monitoring. Highlights of the
agreement include:
City Responsibilities:
* submit a budget request each year.
* maintain a dedicated funding source for the project.
* "front end" all costs.
* submit funding requests and permit applications to state
and federal agencies.
* provide all design and monitoring services, except that if
the County is able to perform services in a more cost and
time efficient manner, the City will endeavor to have the
County perform the service.
* establish and keep the project schedule in consultation
with the County.
.
City Commission Documentation - Meeting of August 16, 1994
Approval of Interlocal Agreement - Beach Funding
Page 2
County Responsibilities:
* serve as the local cooperating agency with the federal
government.
* appropriate funds on an annual basis for the project.
* pay the local share of project costs on a reimbursement
basis.
Joint Responsibilities:
* City and County will endeavor to be joint applicants for
state and federal funding and permits; and will support
each other's separate requests funding.
* bid projects jointly when the schedules coincide to achieve
cost savings based on efficiency of scale.
ANALYSIS:
Most of the provisions of the proposed agreement mirror the
practices the City and County have followed relative to the
project for some years. New issues addressed are:
* The County will appropriate funds in the year requested
rather than a fixed amount each year. This will allow for
a better allocation of County funds for projects throughout
the County. In effect, the County will reimburse all
project task costs, except the cost of borrowing, in the
year the task is completed.
* The term of the agreement matches the term of the federal
participation agreement (50 years from initial restoration)
instead of an arbitrary 5 of 10 year period.
* The City and County will work jointly to lobby for funding
and permits and, where possible, bid projects jointly to
save overall costs.
* The City may allow the County to perform some design and
monitoring tasks to save cost.
RECOMMENDED ACTION:
By motion, approve the interlocal agreement between Palm Beach
County and the City relative to funding for the Beach
Nourishment Project.
Attachment: Interlocal Agreement
T:\advanced\COUNTYl
,
.
.
INTERLOCAL AGREEMENT BElWEEN PALM BEACH
COUNTY AND THE CIlY OF DELRAY BEACH
THIS AGREEMENT is made and entered into on the day of ,
1994, by and between PALM BEACH COUNTY, a political subdivision of the State of
Florida, (the "COUNTY"), and the CITY OF DELRA Y BEACH, a municipal corporation
in the State of Florida, (the "CITY"), each one constituting a public agency as defined in
Part I of Chapter 163, Florida Statutes.
WITNESSETH
WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal
Cooperation Act of 1969" authorizes local governments to make the most efficient use of
their powers by enabling them to cooperate with other localities on a basis of mutual
advantage and thereby to provide services and facilities that will harmonize geographic,
economic, population and other factors influencing the needs and development of local
communities; and
WHEREAS, Part I of Chapter 163, Florida Statutes, permits public agencies as
defined therein to enter into interlocal agreements with each other to jointly exercise any
power, privilege, or authority that such agencies share in common and that each might
exercise separately; and
WHEREAS, pursuant to Chapter 125.01, Florida Statutes, the Board of County
Commissioners is empowered to establish and administer programs of beach erosion control
and to enter into agreements with other governmental agencies within or outside the
boundaries of the COUNTY for joint performance, or performance of one unit on behalf
of the other, of any of either governmental entity's authorized functions; and
WHEREAS, pursuant to Chapter 166, Florida Statutes, the CITY is empowered to
exercise any governmental, corporate, and proprietary power for municipal purposes, except
when expressly prohibited by law; and
WHEREAS, in 1973 the CITY completed a beach restoration project for the City
of Delray Beach municipal beach through the use of hydraulic dredging. Thereafter, the
CITY also performed maintenance nourishments in 1978, 1984, and 1992 in order to
maintain the Delray Beach Shore Protection Project. A more complete history of the
project is found in attached Exhibit "A"; and
.,
WHEREAS, the CITY and COUNTY entered into an Intergovernmental Agreement
on February 27, 1973, as amended by Addendum. Agreement dated August 16, 1977, and
supplemented by agreements dated November 8, 1983 and October 13, 1992, which provide
for joint funding of the Delray Beach Shore Protection Project; and
WHEREAS, the CITY and COUNTY have a long-standing partnership in the
preservation, maintenance and enhancement of the Delray Beach Shore Protection Project;
and
WHEREAS, the Intergovernmental Agreement expired September 30, 1993; and
WHEREAS, on September 23, 1992, pursuant to Chapter 125, Florida Statutes, the
COUNTY entered into an agreement with the United States of America, Army Corps of
Engineers, to become the local cooperating agency for shore protection projects within
Delray Beach for a period of fifty (50) years from the date of the initial restoration; and
WHEREAS, the CITY and COUNTY intend to make the most efficient use of their
powers by cooperating with each other in the maintenance and repair of the Delray Beach
Shore Protection Project, which includes the area described in attached Exhibit "B ", within
the municipal limits of the City of Delray Beach, Florida; and
WHEREAS, the CITY and COUNTY desire to establish their respective roles in the
Delray Beach Shore Protection Project to make the most efficient use of their respective
resources.
NOW, THEREFORE, in consideration of the mutual covenants, promises and
representations herein, the parties agree as follows:
1. Purpose of the A~eement. The purpose of this Agreement is to provide a
mechanism for the funding and maintenance of the Delray Beach Shore Protection Project
(the "PROJECf"), and to set forth the terms, conditions and obligations of each of the
respective parties hereto.
2. The Project.
a. Description. The Project to be undertaken consists of the initial
restoration of the City of Delray Beach municipal beach, as legally described in Exhibit liB",
and subsequent repairs and maintenance nourishments thereto. Repairs and maintenance
nourishments shall be designed and scheduled to retain the "Project Design Section" as
defined herein, and to satisfy the conditions and standards of any and all required permits.
-2-
.
b. Project Components. Project components include, but are not limited
to, construction, design, beach performance monitoring, and environmental monitoring. A
typical list of the Project components from the completion of one maintenance nourishment
through the cOI?pletion of another maintenance nourishment is provided in attached Exhibit
"C".
c. Project Design Section. The Project Design Section is defined as that
beach area described in attached Exhibit "D".
3. Term. The term of this Agreement shall be from October 1, 1993 up to and
through September 30, 2023 unless otherwise terminated as provided herein.
4. Fundine. The parties agree that given the extensive scope of the Project, the
timely availability of funding is of critical concern. Funding for a portion of the Project is
currently available, on a reimbursement basis, by appropriation from the Federal and State
governments. These funding sources will be used to the maximum extent possible to defray
Project costs.
a. CITY Obligations.
(1) No later than January 15th of each year, the CITY shall
submit to the COUNTY a list of the anticipated tasks to be undertaken in the succeeding
fiscal year, including estimated costs.
(2) The CITY shall establish and maintain a dedicated
funding source for implementation of the Project. This funding source is currently called
the Beach Restoration Fund.
(3) The CITY shall pay all expenses of the Project from the
Beach Restoration Fund in anticipation of reimbursement from the Federal and State
governments, and the COUNTY.
(4) The CITY shall maintain adequate records to justify all
charges, expenses, and costs incurred in performing the Project for at least three (3) years
after completion of the Project or termination of the Agreement, whichever occurs last. The
COUNTY shall have access to all books, records and documents related to the Project as
required in this paragraph for the purpose of inspection or audit during normal business
hours.
(5) The CITY shall submit requests for State and Federal
funding assistance. The CITY shall timely notify the COUNTY of the submittal of such
requests and seek the COUNTY's support.
-3-
.
\
(6) The CITY shall cooperate with the COUNTY to assure
that the requirements and standards contained in the agreement between the COUNTY and
the United States of America, Army Corps of Engineers are complied with and maintained.
(7) The CITY shall properly prepare and submit in a timely
manner any and all applications for State and Federal permits required for the Project.
b. County Obligations.
(1) The COUNTY shall selVe as cooperating agency pursuant
to its agreement with the United States of America, Army Corps of Engineers, (see attached
Exhibit "E") and assume the responsibility for local cooperation in the Project.
(2) The COUNTY shall appropriate funds to cover the local
share expenses on an annual basis in order that the funds are available to pay for expenses
associated with the Project. The amount of fundinB by the COUNTY will depend upon the
physical condition of the Project, which the parties acknowledge will change. Therefore, the
COUNTY shall draft a yearly funding memorandum. The yearly funding memorandum will
include a list of the anticipated tasks, along with estimated costs for each task, and a
commitment to include the funding request in the proposed budget.
(3) The COUNTY shall submit to the CITY a memorandum
of commitment indicating that COUNTY has appropriated the required funds that the CITY
requests in the next year's budget. Notwithstanding any other provision herein, the
COUNTY's obligation to pay under this Agreement is contingent upon an appropriation for
its purpose by its Board of County Commissioners in its annual Fiscal Year budget.
(4) The COUNTY shall be responsible for all local share
(e.g., non-Federal and non-State) expenses of the Project, including design, construction and
monitoring, by way of reimbursement to the CITY.
(5) For reimbursement to occur, the CITY shall submit
invoices to COUNTY that shall include a reference to this Agreement, identify the Project,
and identify the amount due and payable to the CITY. Invoices shall be itemized in
sufficient detail for prepayment audit thereof. The CITY shall supply any further
documentation deemed necessary by the COUNTY. Invoices received from the CITY shall
be reviewed and approved by the Department of Environmental Resources Management,
shall indicate that expenditures have been made in conformity with this Agreement, and will
be sent to the COUNTY's Finance Department for final approval and payment. Invoices
will normally be paid within sixty (60) days following receipt.
-4-
.
c. Joint Responsibilities. The CITY and the COUNTY shall endeavor
to be joint applicants for State and Federal funding for the Project. The COUNTY will
support CITY's funding requests in the same manner as if the request came from the
COUNTY, and the CITY will support the COUNTY's funding requests in the same manner
as if the request came from the CITY.
5. Project Permittin&. The parties recognize that prior to the commencement of
any construction affecting the Project that both the State and Federal governments will
require permits and approvals. Acquisition of Federal and State permits and approvals is
part of the design component of the Project. At this time, such permits and approvals
include:
a. Dredge and fill permit from the Army Corps of Engineers;
b. Dredge and fill permit(s) from the Florida Department of
Environmental Protection; and,
c. Submerged Lands Easement from the Florida Bureau of State Lands.
The CITY and COUNTY shall endeavor to be joint applicants for any and all permits
required by the State and Federal governments. The COUNTY shall assist the CITY in
negotiating the terms and conditions for permits, and shall assist the CITY in efforts to gain
timely issuance of the required State and Federal permits.
The parties acknowledge that, as a County project, the Project is exempt from applicable
COUNTY ordinances.
6. Project Timin&. The CITY, in consultation with the COUNTY, shall establish
the schedule for implementing the various Project tasks, including design, monitoring and
construction. The CITY shall provide the COUNTY with a copy of the Project schedule
once the schedule is complete.
7. Desi&n and Monitorin&. The CITY shall provide design and monitoring
services for the Project, including but not limited to those listed and defined on attached
Exhibit "C". At such time when the COUNTY has sufficient resources to perform all or
part of the design and monitoring services in a more cost-efficient and time efficient
manner, the CITY shall endeavor to have the COUNTY perform said design and
monitoring services.
8. Bidding and Construction.
a. The CITY shall secure competitive bids by advertisement for all work
to be performed by contractors, except as provided for in previously executed agreements.
The CITY will endeavor to combine the bidding and construction of the Project with
-5-
0
COUNTY projects for the purpose of securing a more competitive bid from contractors.
The CITY shall meet with the COUNTY six months prior to the proposed date of project
construction to examine the potential cost savings for joint bidding of multiple projects.
b. The CITY shall submit to the COUNTY a detailed estimate of cost,
a tabulation of all bids received, and a copy of the contract of the lowest, responsible,
responsive bidder as well as any amendments or modifications thereof.
9. PartY Representatives. The COUNTY's representative/contract monitor
during the term of this Agreement shall be Mr. Richard E. Walesky, whose telephone
number is (407) 355-4011.
The CITY's representative/contract monitor during the term of this
Agreement shall be Mr. John Walker, whose telephone number is (407) 243-7321.
10. Notices. All notices required under this Agreement shall be forwarded, in
writing to:
Board of County Commissioners City Manager
of Palm Beach County City of Delray Beach
Governmental Complex 100 N.W. 1st Avenue
301 N. Olive Avenue Delray Beach, FL 33444
West Palm Beach, FL 33401
and with a copy to:
Palm Beach County Department of City Attorney
Environmental Resources Management City of Delray Beach
3111 S. Dixie Hwy., Site 146 100 N.W. 1st Avenue
West Palm Beach, FL 33405 Delray Beach, FL 33444
with a copy to:
County Attorney
Palm Beach County
P.O. Box 1989
West Palm Beach, FL 33401-1989
11. Default and Opportunity to Cure. The parties hereto expressly covenant and
agree that in the event either party is in default of its obligations herein, the party not in
default shall provide to the party in default thirty (30) days written notice to cure said
default before exercising any of its rights as provided for in this Agreement.
-6-
.
12. Deleiation. Nothing contained herein shall be deemed to authorize the
delegation of the constitutional or statutory duties of state, county, or city officers.
13. Filin~. A copy of this Agreement shall be filed with the Clerk of the Circuit
Court in and for Palm Beach County.
14. Liability. The parties to this Agreement and their respective officers and
employees shall not be deemed to assume any liability for the acts, omissions, or negligence
of the other party. Further, nothing herein shall be construed as a waiver of sovereign
immunity by either party, pursuant to Section 768.28, Florida Statutes.
15. Indemnification. Each party shall be liable for its own actions and
negligence and, to the extent permitted under Florida law, COUNTY shall indemnify,
defend and hold harmless CITY against any actions, claims or damages arising out of
COUNTY's negligence in connection with this Agreement, and CITY shall indemnify,
defend and hold harmless COUNTY against any actions, claims or damages arising out of
CITY's negligence in connection with this Agreement. However, nothing in this paragraph
shall be interpreted as a waiver of CITY's or COUNTY's sovereign immunity.
16. Insurance. The CITY shall, during the term of this Agreement, and any
extensions hereof, maintain in full force and effect general and property insurance, which
specifically covers all exposures incident to the intent and responsibilities under this
Agreement. Such insurance shall be in an amount to support the CITY's agreement of
indemnity. The CITY's insurance shall not be canceled, limited or non-renewed until after
thirty (30) days' written notice has been given to the COUNTY. Current certificates of
insurance or other document evidencing required coverage must be on file with the
COUNTY at all times. CITY expressly understands and agrees that any insurance
protection furnished by CITY shall in no way limit its responsibility to indemnify and save
harmless COUNTY under the provisions of paragraph 15 of this Agreement.
17. Equal Opportunity. The COUNTY and the CITY agree that no person shall,
on the grounds of race, color, sex, national origin, disability, religion, ancestry, marital status,
or sexual orientation be excluded from the benefits of, or be subjected to any form of
discrimination under, any activity carried out by the performance of this Agreement.
18. Severability. In the event that any section, paragraph, sentence, clause, or
provision hereof is held by a court of competent jurisdiction to be invalid, such shall not
affect the remaining portions of this Agreement and the same shall remain in full force and
effect.
19. Waiver of Breach. It is hereby agreed to by the parties that no waiver of
breach of any of the covenants or provisions of this Agreement shall be construed to be a
waiver of any succeeding breach of the same of any other covenant.
-7-
.
20. Termination and Revision. Either party may terminate this Agreement by
giving thirty (30) days prior written notice. In the event the COUNTY revises its policy
relating to the funding of shore protection projects, either party may request that this
Agreement be modified to reflect said change in policy.
21. Entirety of Agreement. The CITY and COUNTY agree that this Agreement,
together with any attached exhibits, sets forth the entire agreement between the parties, and
that there are no promises or understandings other than those stated herein. None of the
provisions, terms or obligations in the Agreement may be added to, modified, superseded,
or otherwise altered, except by written instrument executed by the parties hereto.
IN WITNESS WHEREOF, the County of Palm Beach, Florida has caused this
Agreement to be signed by the Chairperson of the Board of County Commissioners and the
seal of said Board to be affixed hereto and attested by the Clerk of said Board, pursuant to
authority granted by said Board, and the City of Delray Beach has caused this Agreement
to be signed in its corporate name by its mayor and its corporate seal to be affixed hereto,
attested by its City Clerk, the date and year first above written.
CITY OF DELRAY BEACH, FLORIDA PALM BEACH COUNTY, FLORIDA
BY ITS BOARD OF COUNTY
COMMISSIONERS:
By: By:
Thomas Lynch, Mayor
ATfEST: ATTEST:
Dorothy H. Wilken, Clerk
City Clerk
DATE DATE
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
By: By:
City Attorney County Attorney
-8-
.
EXHIBIT "A"
PROJECT HISTORY
Construction History
Delray Beach is historically in a state of erosion. Several
times in recent history, from the late 1940's into the 1960's,
storm damage has impacted shoreline structures and ~ AlA. By
the mid-1960's, erosion had taken virtually all the beach and
dune system. The remnants offered little storm protection and a
marginal recreation beach.
Various structural methods were attempted to stabilize the
shoreline. A rock rubble revetment was placed by the Florida
Department of Transportation in 1965 to protect SR AlA from
Atlantic Ave north. In 1966, The City installed a sloping
revetment of interlocking concrete blocks from a point 1000 feet
north of Atlantic Ave. to a point 4800 feet north of Atlantic
Ave. A number of private citizens installed seawalls. All
structural solutions were ineffective.
In 1973, the City constructed an initial beach restoration,
placing 1.6 million cubic yards of sand in a 2.7 mile project
area by hydraulic dredging from an offshore borrow area. This
project area included nearly the entire City limits.
The total cost of initial restoration was $3 million, including
land acquisition, engineering, construction and vegetation. The
Ci ty issued bonds in the amount of $2 million to finance the
project and established a special account for beach project
expenditures. Federal and State sources reimbursed a portion of
the cost as follows:
Federal $ 935,000
State $ 976,000
County --
City $1,104,000
Maintenance nourishment projects are required to retain the
design beach section and to place advance fill predicted to
erode in the interval between projects. Yearly erosion loss in
the project area is approximately 100,000 cubic yards. The
scope of each maintenance nourishment is designed to optimize
recreation and storm protection benefits and the economic
efficiency of construction. The following maintenance
nourishments have been constructed:
1978 700,000 cubic yards 1.7 mile project area
Total cost $1.6 million
Federal share $660,000
State share $440,000
County share $400,000
City share $ 92,000
.
1984 1,300,000 cubic yards 2.7 mile project area
Total cost $4,246,000
Federal share $1,868,000
State share $1,409,000
County share $ 969,000
City share financing cost: $178,000
1992 1,052,000 cubic yards 1.7 mile project area
Total Cost $5,082,551
Federal share $2,696,393
State share $1,451,606
County share $ 773,599
City share financing cost: $160,953
County Agreement History
On February 27, 1973, The City entered into an agreement with
Palm Beach County, whereby:
* The City would construct, fund and maintain the beach
restoration project.
* The City would furnish all project cost and thereafter
apply for Federal and State reimbursement.
* The County would continue to serve as the Local Cooperating
Agency as required in the Local Cooperation Agreement with
the Army Corps of Engineers.
* The County would participate financially in the funding of
the anticipated maintenance and nourishment cost of the
project up to a maximum $80,000 per year for the ten year
life of the agreement.
* The County would establish a trust fund for the project.
An Addendum dated August 16, 1977, clarified the 1973 agreement
by expressing the financial commitment of the County to be an
average $80,000 per year on an aggregate, not to exceed $800,00
over the ten year life of the agreement. In addition, the
County's share of the total project cost would be the remainder
after reimbursement of Federal and State cost shares.
The funding agreement between the City and County was extended
and amended on November 8, 1983. The extension was for ten
years, until September 30, 1992. The agreement modified the
maximum financial commitment of the County to $200,000
annually, not to exceed $2,000,000 over the ten year period of
the agreement.
.
The City and County entered into a new one year agreement
October 13, 1992 which Expires September 30, 1993. This
agreement:
* Recognizes the expanded capability of the County in the
field of coastal management.
* Acknowledges the County's continued role as local sponsor
for the project in the new Local Cooperation Agreement with
the Army Corps of Engineers.
* Recognizes an expanded partnership relationship between the
City and County which will result in closer coordination of
the City and County coastal projects.
* Continues the County's commitment to reimburse the local
share of project costs to the City.
Dune System
In addition to beach restoration, the City has recreated a
functional dune system along the municipal beach. In 1974,
after the initial beach restoration, the City began a program of
dune reconstruction and maintenance. Using dune vegetation and
sand fencing, several feet of wind-blown sand were trapped to
form the beginnings of a dune. Pedestrian accesses were
established at this time at beach grade. Fencing defined the
accesses and protected vegetation. In 1980, additional
vegetation was installed to angle pedestrian accesses to the
southeast. In addition, sand fencing was added seaward of the
dune to create a foredune. In 1982, sea oats were planted in
the foredune. The current (1993) dune is approximately eight
feet higher than the beach berm, with a 100 foot wide base
including the foredune. This results in a low, wide dune system
consisting of two distinct dunes, the original, primary dune and
the foredune vegetated entirely in pioneer species.
T:\advanced\agree3.DOC
.
EXHIBIT "B"
DELRAY BEACH
LIMITS OF BEACH RESTORATION
A parcel of submerged or emerged land in Sections 9, 10, 15, 16, 21,
and 28, Township 46 South, Range 43 East, Delray beach, Palm Beach
County, Florida, bounded on the West by the Erosion Control Line to
wit:
Commencing at the East quarter corner of said Section 9,
Township 46 South, Range 43 East, said point having for its
coordinates X=808474.350 Y=779887.637 in the Florida State
Plane Coordinate System, East Zone; thence run N89C>14125"E
54.98 feet along an easterly extension of the north line of the
Southeast one-quarter of said Section 9 to a point; thence run
S 8016105"W 293.67 feet to a point; thence run N88C>55'37"E
329.96 feet to the Point of Beginning said point having for its
coordinates X=808816.995 Y=779603.928 in said Florida State
Plane Coordinate System East Zone; thence run S 9C>26128"W
865.65 feet to a point; thence run S 7C>24125"W 1512.62 feet to
a point; thence run S 8C>11139"W 1262.89 feet to a point; thence
run S7C>58111"W 1514.63 feet to a point; thence run S 4C>17121"W
1002.81 feet to a point; thence run S 7C>41118"W 1009.07 feet to
a point;, thence run S 6050 I 34"W 1007.17 feet to a point; thence
run S 5C>42138"W 1004.99 feet to a point; thence run S 2C>17126"W
1000.80 feet to a point; thence run S 9C>38153"W 1014.35 feet to
a point; thence run S 6C>50'34"W 1510.76 feet to a point; thence
run S 5C>08'34"W 1506.06 feet to a point; thence run S 6C>09151"W
1802.49 feet to a point of termination of herein described line
said point having for its coordinates X=806941.455 Y=763707.932
in said Florida State Plane Coordinate System, East Zone;
thence on a tie line run West 512.10 feet to a point; thence
run S 89C>30'52"W 741. 59 feet to a point; thence run S
89C>27158"W 1312.59 feet to a point on the south line of the
Northwest one-quarter (NW 1/4) of said Section 28; thence run S
89032118"W 965.62 feet along said line to the West quarter
corner of said Section 28,
bounded on the East by a line lying 600 feet easterly from and
parallel to said Erosion Control Line and bounded on the North and
South by lines having a bearing of East, running through the Point
of Beginning and the Point of Termination respectively.
T:\Advanced\beach
,
EXHIBIT "C"
TYPICAL PROJECT COMPONENTS
* Annual beach performance monitoring
* Post construction environmental monitoring
* Update geotechnical data
* Preliminary engineering
* Final engineering
* Pre-construction environmental monitoring
*. Bidding and negotiations
* Constr\l~!:~?~J;~~~.se E:!ng~neering
* Pre- and Post construction surveys
* Construction environmental monitoring
* Beach nourishment construction
T:\advanced\AGREE4.DOC
.
30
.........
Cl 20
>
C) DESIGN PROFilE
z
t;j 10
w
u....
'-'
z 0 -------------------
0
~
Gj -10
-l
w
-20
0 200 400 600 800 1000
RANGE (FEET)
NOTE .: DESIGN WIDTH VARIES AS A RESULT OF PREVIOUS SHORELINE
HARDENING. BElWEEN THE NORTH CITY LIMIT AND R 182 THE WIDTH
EXTENSION IS 100 FEET FROM THE ECl AT +9 FT. BE.1WEEN R 183
TO THE SOUTH CITY LIMIT THE DESIGN WIDTH IS 100 FT. EXTENSION
FROM THE ECl AT THE MEAN HIGH WATER LINE.
EXHIBIT D
lYPICAL DESIGN CROSS-SECTION
-~'-
.,
.. EXHIBIT "E"
" .
,'.
LOCAL COOPERATION AGREEMENT
.
R92 1283D
LOCAL COOPERATION AGREEMENT
BETWEEN
THE DEPARTMENT OF THE ARMY
AND
PALM BEACH COUNTY, FLORIDA
FOR CONSTRUCTION OF THE
DELRAY BEACH SEGMENT
OF THE
PALM BEACH COUNTY, FLORIDA
SHORE PROTECTION PROJECT
THIS AGREEMENT is entered into this d:(g rc.t day of ~ft ,
1992, by and between the DEPARTMENT OF THE ARMY, (hereinafter
referred to as the "Government"), acting by and through the
Assistant Secretary of the Army (Civil Works) , and PALM BEACH
COUNTY, FLORIDA (hereinafter referred to as the "Local Sponsor"), ,.
acting by and through its Board of County Commissioners.
WITNESSETH THAT:
WHEREAS, construction of the shore protection project for
Palm Beach County, Florida from Martin County line to Lake Wbrth
Inlet and from South Lake Worth Inlet to Broward County Line
(hereinafter referred to as the "Authorized Project") was
authorized by Section 101 of the River and Harbor Act of October
23, 1962 (Public Law 87-874) in accordance with the
recommendations of the Chief of Engineers as set forth in House
Document No. 164, 87th Congress; and
WHEREAS, construction of the Delray Beach Segment of the
Authorized Project was completed in 1973 by Palm Beach County,
Florida as authorized by Section 102 of the River and Harbor Act
of 1962 (Public Law 87-874); and
WHEREAS, Section 156 of Public Law 94-587, as amended by
Section 934 of Public Law 99-662, authorizes the Government to
extend participation in shore protection projects for a period
not to exceed fifty years from the date of initial construction;
and
WHEREAS, the Local Sponsor desires to enter into this
Agreement providing for extended Government participation in the
Delray Beach Segment of the Authorized project from 15 years to
50 years; and
WHEREAS, on March I, 1991 the Assistant Secretary of the
Army (Civil Works) authorized the extension of Government
participation in the Delray Beach Segment of the Authorized
Project (hereinafter referred to as the "Project") from 15 years
to 50 years in accordance with Section 934 of Public Law 99-662;
Page 1
.
. .
.'
and
WHEREAS, the Project is generally described in the General
Design Memorandum entitled "Palm Beach County, Florida, From
Martin County Line to Lake Worth Inlet and From South Lake Worth
Inlet to Broward County Line, General Design Memorandum Addendum
for Third periodic Nourishment at Delray Beach, with
Environmental Assessment" (hereinafter referred to as the "GDM") ,
approved by. the Assistant Secretary of the Army (Ci viI Works) on
151 SQ~"" be.r-I'rf1-; and
.
WHEREAS, Section 103 (c) (5) of the Water Resources
Development Act of 1986, Public Law 99-662, as amended, specifies
the cost-sharing requirements applicable to construction of the
Project; and
WHEREAS, Section 221 of the Flood Control Act of 1970,
Public Law 91-611, as amended, provides that the construction of
any water resources project shall not be commenced until the non-
federal interest has entered into a written agreement to furnish
its required cooperation for the Project; and
WHEREAS, the Local Sponsor has the authority and capability
to furnish the cooperation hereinafter set forth and is willing
to participate in cost-sharing and financing in accordance with
the terms of this Agreement;
NOW THEREFORE, the parties agree as follows:
ARTICLE I - DEFINITIONS AND GENERAL PROVISIONS
For purposes of this Agreement:
a. The term "Project" shall mean the periodic beach
nourishment of the Delray Beach segment of the Authorized Project
to maintain a general width of 100 feet with a berm elevation of
plus 9.0 feet NGVD for the 2.65 miles of beach that lies within
the corporate limts of the City of Delray Beach.
b. The term "total project costs" shall mean all costs
incurred by the Local Sponsor and the Government directly related
to construction of the Project. Such costs shall include, but
not necessarily be limited to, continuing planning and
engineering costs incurred after October 1, 1985; costs of
applicable engineering and design; costs of environmental
investigations for hazardous substances; costs of periodic
nourishment; surveillance costs incurred after the date of
execution of this Agreement; supervision and administration
costs; costs of contract disputes settlements or awards; and the
value of lands, easements, rights-of-way, utility and facility
alterations or relocations, and dredged material disposal areas
provided for the Project by the Local Sponsor, but shall not
Page 2
.
.'
include any costs for betterments, operation, repair,
maintenance, replacement, or rehabilitation.
c. The term "surveillance" shall mean monitoring of the
beach to determine when future nourishment must be accomplished
to maintain the Project. Surveillance includes performing beach
profile surveys, aerial photography, sediment sampling,
hydrographic surveys, tidal data, environmental data, analysis
and preparation of a report, if needed, as generally described in
the GDM.
d. The term "periodic nourishment" shall mean the placement
of suitable beachfill material along the Project beach during the
authorized periodic nourishment period. periodic nourishment
will be based on an average annual placement of approximately
100,000 cubic yards as generally described in the Reevaluation
Study, Delray Beach Segment, dated May 1990 and approved March 1,
1991, unless the Government, in cooperation with the Local
Sponsor, determines that such periodic nourishment is either not
technically necessary or economically justified at that time.
e. The term "authorized periodic nourishment period" shall
mean the extended 35 year period of Federal participation in the
Project.
f. The term "Contracting Officer" shall mean the District
Engineer for the Jacksonville District, U.S. Army Corps of
Engineers, or his designee.
g. The term "highway" shall mean any highway, thoroughfare,
roadway, street, or other public road or way.
h. The term "relocations" shall mean the preparation of
plans and specifications for, and the accomplishment of all
alterations, modifications, lowering or raising in place, and/or
new construction related to, but not limited to, existing:
railroads, highways, bridges, railroad bridges and approaches
thereto, pipelines, public utilities (such as municipal water and
sanitary sewer lines, telephone lines, and storm drains), aerial
utilities, cemeteries, and other public facilities, structures,
and improvements determined by the Government to be necessary for
the construction, operation, maintenance, repair, replacement,
and rehabilitation of the Project.
i. The term "fiscal year" shall mean one fiscal year of the
United States Government, unless otherwise specifically
indicated. The Government fiscal year begins October 1st and
ends on September 30th.
j. The term "involuntary acquisition" shall mean the
acquisition of lands, easements, and rights-of-way by eminent
domain.
Page 3
.
-
-
k. The term "functional portion of the Project- shall mean
a completed portion of the Project as determined by the
Contracting Officer, in writing, to be suitable for operation and
maintenance by the Local Sponsor. In making this determination,
the Contracting Officer must conclude that the completed portion
of the project can function independently and for a useful
purpose although the balance of the project may be incomplete.
1. The term "betterments" shall mean construction of any
additional features desired by the Local Sponsor which are not
authorized as part of the Federal project. The construction cost
of such items and their operation, maintenance, repair,
replacement, and rehabilitation costs shall not be considered a
cost of the project and shall be borne entirely by the Local
Sponsor.
\, Article II - OBLIGATIONS OF THE PARTIES
a. The Local Sponsor shall perform all Project work
pursuant to engineering and design plans which have received
prior Government approval. The Local Sponsor shall submit the
solicitation package to the Government for review and comment
prior to the award of any contract.
b. The Local Sponsor shall provide, as further specified in
Article III of this Agreement, all lands, easements, and rights-
of-way, including suitable borrow and dredged material disposal
areas, and perform all relocations as determined by the
Government to be necessary for the project.
. c. The Local Sponsor shall perform all Project
surveillance.
d. The Local Sponsor shall assure continued conditions of
public ownership and public use of' the shore upon which the
amount of Federal participation is based during the economic life
of the project.
e. The Local Sponsor shall provide and maintain necessary
access roads, parking areas and other public use facilities, open
and available to all on equal terms.
f. The Local Sponsor shall participate in and comply with
applicable Federal flood plain management and flood insurance
programs.
g. The Local Sponsor shall publicize floodplain information
in the area concerned and shall provide this information to
zoning and other regulatory agencies for their guidance and
leadership in preventing unwise future development in the flood
plain and in adopting such regulations as may be necessary to
prevent unwise future development and to ensure compatibility
Page 4
.
,
~
~
with protection levels provided by the Project.
h. The Local Sponsor shall bear all costs incurred for the
establishment of an erosion control line in the project area and
all costs for placement of material on property not open to the
public. All lands, easements, rights-of-way, relocations, and
dredged material disposal areas needed for placement of material
on property not open to the public shall be a 100 percent Local
Sponsor cost for which no credit will be given.
i. The Local Sponsor shall, without expense to the
Government, bear all costs associated with beach berm reshaping,
maintenance of storm drainage outfalls, and performance of any
other work described in the operation and maintenance manual for
the Project, which will be prepared by the Local Sponsor and
approved by the Government.
,
j. Not less than once each year the Local Sponsor shall
inform affected interests of the limitations of the protection
afforded by the Project.
k. No Federal funds may be used to meet the Local Sponsor's
share of Project costs under this Agreement unless the
expenditure of such funds is expressly authorized by statute as
verified in writing by the Federal granting agency.
1. The Government shall review all engineering and design
plans submitted by the Local Sponsor, and inspect all work which
is accomplished by the Local Sponsor, to ensure that such plans
and work are in accordance with the Project design criteria.
m. The Government shall reimburse the Local Sponsor for the
Federal share of total project costs as further provided in
Article VI and Article VII
of this Agreement.
ARTICLE III - LANDS, FACILITIES AND PUBLIC LAW 91-646 RELOCATION
ASSISTANCE
a. The Local Sponsor shall provide all lands, easements,
and rights-of-way, including suitable borrow and dredged material
disposal areas, as may be determined by the Government to be
necessary for the Project. The necessary lands, easements, and
rights-of-way, including s~itable borrow and dredged material
disposal areas, may be provided incrementally, but all lands,
easements, and rights-of-way determined by the Government to be
necessary for work to be performed for the Project must be
furnished prior to the advertisement of any contract for that
work.
b. The Local Sponsor shall provide all retaining dikes,
wasteweirs, bulkheads, and embankments, including all monitoring
Page 5
,
-
"
features and stilling basins that may be required at any dredged
material disposal areas necessary for the Project.
c. The Local Sponsor shall accomplish or arrange for
accomplishment of all relocations determined by the Government to
be necessary for construction of the Project.
d. The Local Sponsor shall comply with the applicable
provisions of the Uniform Relocations Assistance and Real
Property Acquisition Policies Act of 1970, Public Law 91-646, as
amended by Title IV of the Surface Transportation and Uniform
Relocation Assistance Act of 1987 (Public Law 100-17), and the
Uniform Regulations contained in 49 CFR Part 24, in acquiring
lands, easements, and rights-of-way, including suitable borrow
and dredged material disposal areas, for the project, and inform
all affected persons of applicable benefits, policies and
procedures in connection with said Act. The Local Sponsor shall
provide such documentation as the Contracting Officer requires to
demonstrate compliance.
ARTICLE IV - VALUE OF LANDS AND FACILITIES
a. No credit shall be given for lands, easements, rights-
of-way, including suitable borrow and dredged material disposal
areas provided to the Goverment prior to March 1, 1991. The
Local Sponsor shall receive a credit for the value of any lands,
easements, and rights-of-way, including suitable borrow and
dredged material disposal areas, provided for the Project. Such
credit shall be applied towards the Local Sponsor's share of
total project costs in accordance with the following procedures:
1. If the lands, easements, or rights-of-way are owned
by the Local Sponsor as of the date the first contract for the
Project is awarded, the credit shall be the fair market value of
the interest at the time of such award. The fair market value
shall be determined by an appraisal, to be obtained by the Local
Sponsor, which has been prepared by a qualified appraiser who is
acceptable to both the Local Sponsor and the Government. The
appraisal shall be reviewed and approved by the Government.
2. If the lands, easements, or rights-of-way are to be
acquired by the Local Sponsor after the date of award of the
first contract for the Project, the credit sha~l be the fair
market value of the interest at the time such interest is
acquired. The fair market value shall be determined as specified
in Article IV.a.l of this Agreement. If the Local Sponsor pays
an amount in excess of the appraised fair market value, it may be
entitled ~o a credit for the excess if the Local Sponsor has
secured prior written approval from the Government of its offer
to purchase such interest.
3 . If the Local Sponsor acquires more lands,
Page 6
.
.
~ ,
...'
easements, or rights-of-way than are necessary for Project
purposes, as determined by the Government, then only the value of
such portions of those acquisitions as are necessary for the
project shall be included in total project costs and credited to
the Local Sponsor's share.
4. Allowable credit for lands, easements, and rights-
of-way in the case of involuntary acquisitions which occur within
a one-year period preceding the date this Agreement is signed or
which occur after the date this Agreement is signed will be based
on court awards, or on stipulated settlements that have received
prior Government approval.
S. Credit for lands, easements, or rights-of-way
acquired by the Local Sponsor withi.n a five-year period preceding
the date this Agreement is signed, or any time after this
Agreement is signed, will also include the actual incidental
costs of acquiring the interest, e.g., closing and title costs,
appraisal costs, survey costs, attorney's fees, plat maps, and
mapping costs, as well as the actual amounts expended for payment
of any Public Law 91-646 relocation assistance benefits provided
in accordance with the obligations under this Agreement.
b. The cost of relocations which will be included in total
project costs and credited towards the Local Sponsor's share of
total project costs shall be that portion of the actual costs as
set forth below and approved by the Government:
1. Highways and Highway Bridges: Only that portion of
the cost as would be necessary to construct substitute bridges
and highways to the design standard that the State of Florida
would use in constructing a new bridge or highway under similar
conditions of geography and traffic loads.
2. Utilities and Facilities (Including railroads):
Actual relocation costs, less depreciation, less salvage value,
plus the cost of removal, less the cost of betterments. With
respect to betterments, new materials shall not be used in any
alterations or relocation if materials of value and usability
equal to those in the existing facility are available or can be
obtained as salvage from the existing facility or otherwise,
unless the provision of new material is more economical. If,
despite the availability of used material, new material is used,
where the use of such new material represents an additional cost,
such cost will not be included in total project costs.
ARTICLE V - PROJECT COORDINATION
a. To provide for consistent and effective communication,
the Local Sponsor shall appoint a point of contact to coordinate
with the Government on scheduling, plans, specifications,
modifications, contract costs, and other matters relating to the
Page 7
.
.
.. .'.
'-'
Project.
b. The point of contact shall meet with the Government when
deemed necessary, and shall make such recommendations as are
considered appropriate to the Government.
c. The Government shall consider the recommendations of the
point of contact. However, the Government has complete
discretion to accept, reject, or modify any recommendation.
ARTICLE VI - BASIS OF REIMBURSEMENT
a. The Local Sponsor shall provide invoices and any
necessary suporting documents to the Government for all completed
Project work for which reimbursement is requested.
b. After receipt of the above information and subject to
the limitations described in Article VII, the Government shall
reimburse the Local Sponsor for the Federal share of total
project costs which are reasonable, necessary, auditable, and
allocable. The Federal share is presently estimated at 56.33
percent of total project costs based on current conditions of
shore ownership and use. This percentage is subject to
adjustment based upon conditions of shore ownership and use at
time of award of each contract for periodic nourishment.
ARTICLE VII - LIMITATIONS ON REIMBURSEMENT
a. Reimbursement for the work performed by the Local
Sponsor is subject to the availability of appropriations for this
Project.
b. No reimbursement shall be made until the Contracting
Officer has certified that the Project work subject to
reimbursement has been completed and performed in accordance with
applicable approved engineering and design plans.
c. The amount of reimbursement to the Local Sponsor is not
subject to adjustment for interest charges, nor is it subject to
adjustment to reflect changes in price levels between the dates
of completion and reimbursement.
d. The Government shall have the right to conduct an audit
of Local Sponsor's records for the Project to ascertain
reasonable, necessary, and allocable Project costs. In
determining costs eligible for reimbursement, the Government
shall use Office of Management and Budget Circular No. A-8?,
"Cost Principles of State and L9cal Governments".
ARTICLE VIII - DISPUTES
Before any party to this Agreement may bring suit in any
Page 8
,
,
~
court concerning an issue relating to this Agreement, such party
must first seek in good faith to resolve the issue through
negotiation or other forms of nonbinding alternative dispute
resolution mutually acceptable to the parties.
ARTICLE IX - OPERATION, MAINTENANCE, AND REHABILITATION
a. The Local Sponsor shall operate, maintain, repair,
replace, and rehabilitate the Project, or functional portion of
the Project at no cost to the Government, in accordance with
regulations or directions prescribed by the Government.
b. The Local Sponsor hereby gives the Government a right to
enter, at reasonable times and in a reasonable and lawful manner,
upon land which the Local Sponsor owns or controls for the
purpose of inspection of the project to determine whether the
Project has been constructed in accordance with the engineering
design and plans, and is being operated and maintained in
accordance with regulations or directions prescribed by the
Government.
c. If an inspection shows that the Local Sponsor for any
reason is failing to fulfill its obligations under this Agreement
without receiving prior written approval from the Government, the
Government will send a written notice to the Local Sponsor. If
the Local Sponsor persists in such failure for 30 calendar days
after receipt of the notice, then the Government shall have a
right to enter, at reasonable times and in a reasonable manner,
upon lands the Local Sponsor owns or controls for the purpose of
fulfilling the Local Sponsor's duties under this agreement. No
action by the Government shall relieve the Local Sponsor of its
obligations under this Agreement, or preclude the Government from
pursuing any other remedy at law or equity to assure faithful
performance pursuant to this Agreement.
ARTICLE X - RELEASE OF CLAIMS
The Local Sponsor shall hold and save the Government free
from all damages related to the Project, except for damages due
to the fault or negligence of the Government or its contractors.
ARTICLE XI - MAINTENANCE OF RECORDS
The Government and Local Sponsor shall keep books, records,
documents, and other evidence pertaining to costs and expenses
incurred pursuant to this Agreement to the extent and in such
detail as will properly reflect total project costs for the term
of this Agreement. The Government and the Local Sponsor shall
make such books, records, documents, and other evidence available
at their offices for inspection and audit by authorized
representatives of the parties to this Agreement.
Page 9
.
ARTICLE XII - FEDERAL AND STATE LAWS
In acting under its rights and obligations hereunder, the
Local Sponsor agrees to comply with all applicable Federal and
State laws and regulations, including but not limited to, the
Uniform Relocation Assistance and Real Property Acquisition
policies Act of 1970 (Public Law 91-646), Section 601 of Title VI
of the Civil Rights Act of 1964 (Public Law 88-352) and
Department of Defense Directive 5500.11 issued pursuant thereto
and published in part 300 of Title 32, Code of Federal
Regulations, as well as Army Regulation 600-7 entitled
"Nondiscrimination on the Basis of Handicap in Programs and
Activities Assisted or Conducted by the Department of the Army."
In addition, the Local Sponsor agrees to apply and include
provisions consistent with the following statutes in all
construction contracts:
,
a. Buy American, 41 U.S.C. Section lOa;
b. Clean Air Act, 41 U.S.C. Section 7606;
c. Clean Water Act, 33 U.S.C. Section 1368;
d. Contract Work Hours, 40 U.S.C. Section 327 et. seq. ;
e. Convict Labor, 18 U.S.C. Section 4082;
f. Copeland Anti-Kickback, 40 U.S.C. Section 276c;
g. Davis Bacon Act, 40 U.S.C. Section 276, et. seq. ;
h. Equal Opportunity, 42 U.S.C. Section 2000d;
i. Jones Act, 46 U.S.C. Section 292;
j . Rehabilitation Act (1973) , 29 U.S.C. Section 794;
k. Shipping Act, 46 U.S.C. Section 883;
1. Utilization of Small Business, 15 U.S.C. Section 631,
644;
m. Vietnam Veterans, 38 U.S.C. Section 2012;
n. Walsh-Healey, 41 U.S.C. Section 35, et. seq.
ARTICLE XIII - Relationship of Parties.
The parties to this Agreement act in an independent capacity
in the performance of their respective functions under this
Agreement, and neither party is to be considered the officer,
agent, or employee of the other.
Page 10
.
~.
ARTICLE XIV - OFFICIALS NOT TO BENEFIT
No member of or any delegate to Congress, or Resident
Commissioner, shall be admitted to any share or part of this
Agreement, or to any benefit that may arise therefrom.
ARTICLE XV - COVENANT AGAINST CONTINGENT FEES
The Local Sponsor warrants that no person or selling agency
has been employed or retained to solicit or secure this Agreement
upon agreement or understanding for a commission, percentage,
brokerage, or contingent fee, excepting bona fide employees or
bona fide established commercial or'selling agencies maintained
by the Local Sponsor for the purpose of securing business. For
breach or violation of this warranty, the Government shall have
the right to annul this Agreement without liability, or, in its
discretion, to subtract from the reimbursement price the full
amount of such commission, percentage, brokerage, or contingent
fee.
ARTICLE XVI - NOTICES
a. All notices, requests, demands, and other communications
required or permitted to be given under this Agreement shall be
deemed to have been duly given if in writing and delivered
personally, given by prepaid telegram, or mailed by first-class
(postage-prepaid) , registered, or certified mail, as follows:
If to the Local Sponsor: Chairman
Board of County Commissioners
301 North Olive Avenue
West Palm Beach, Florida 33401
If to the Government: District Engineer
U.S. Army Corps of Engineers
Jacksonville District
P.O. Box 4970
Jacksonville, Florida 32232-0019
b. A party may change the address to which such
communications are to be directed by giving written notice to the
other in the manner provided in this Article.
c. Any notice, request, demand, or other communication made
pursuant to this Article shall be deemed to have been received by
the addressee at such time as it is personally delivered or seven
calendar days after it is mailed, as the case may be.
ARTICLE XVII - CONFIDENTIALITY
To the extent permitted by the laws governing each party,
the parties agree to maintain the confidentiality of exchanged
Page 11
.
> .. .
~
information when requested to do so by the providing party.
ARTICLE XVIII - HAZARDOUS SUBSTANCES
a. After execution of this Agreement and upon direction by
the Contracting Officer, the Local Sponsor shall perform, or
cause to be performed, such environmental investigations as are
determined necessary by the Government or the Local Sponsor to
identify the existence and extent of any hazardous substances
regulated under the Comprehensive Environmental Response,
Compensation and Liability Act (CERCLA), 42 USC 9601-9675, on
lands, easements, rights-of-way, including suitable borrow and
dredged material disposal areas necessary for the Project. Ml
actual costs incurred by the Local Sponsor which are properly
allowable and allocable to performance of any such environmental
investigations shall be included in total project costs and cost
shared as a construction cost in accordance with Section
103(c) (5), of Public Law 99-662.
b. In the event it is discovered through an environmental
investigation or other means that any lands, easements, rights-
of-way, including suitable borrow and dredged material disposal
areas to be acquired or provided for the Project contain any
hazardous substances regulated under CERCLA, the Local Sponsor
and the Government shall provide prompt notice to each other, and
the Local Sponsor shall not proceed with the acquisition of
lands, easements, rights-of-way, or disposal areas until mutually
agreed.
c. The Government and the Local Sponsor shall determine
whether to initiate construction of the Project, or if already in
construction, to continue with construction of the Project, or to
terminate construction of the Project for the convenience of the
Government in any case where hazardous substances regulated under
CERCLA are found to exist on any lands necessary for the Project.
Should the Government and the Local Sponsor determine to proceed
or continue with construction after considering any liability
that may arise under CERCLA, as between the Government and the
Local Sponsor, the Local Sponsor shall be responsible for any and
all necessary clean up and response costs, to include the costs
of any studies and investigations necessary to determine an
appropriate response to the contamination. Such costs shall not
be considered a part of total project costs as defined in this
Agreement. In the event the Local Sponsor fails to provide any
funds necessary to pay for clean up and response costs or to
otherwise discharge its responsibilities under this paragraph
upon direction by the Government, the Government may either
terminate or suspend work on the Project or proceed with further
work.
d. The Local Sponsor and the Government shall consult with
Page 12
,
.'
R92 12830
.
each other under the Construction Phasing and Management Article
of this Agreement to assure that responsible parties bear any
necessary cleanup and response costs as defined in CERCLA. Any
decision made pursuant to paragraph c of this Article shall not
relieve any party from any liability that may arise under CERCLA.
e. The Local Sponsor shall operate, maintain, repair,
replace, and rehabilitate the Project in a manner so that
liability will not arise under CERCLA.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement as of the day and year first above written.
THE DEPARTMENT OF THE ARMY EACH....~TY , FLORIDA
By:]J1Ja~ ~
.
~NanCy P. Dorn ~ar T. Marcus SEP 22'~
Assistant Secretary hair
of the Army (Civil Works) Board of County
Commissioners
DATE: ijf z.J t' I ;:1 L SEP 22 1992
DATE:
"-',
" .
: './ . . _.~ .
". '. .,
.
.
~.. ::~. .
.
'- , . . -
.- :: ;:. ,: '. '.
~- ... ,~ ... -."
'. c: '. t- o,
........ :;; -.-.. .
, .
-...,.... . ....... .
Page 13
'.
.
. '. 01\
~
[ITY DF DELIAY BEA[H
CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444
FACSIMILE 407/278-4755 Wr1.t._r'. D1.r_ct. L1.n_
DELRAY BEACH (407) 243-7090
F lOR I D A
......
AII.America City
, till! MEMORANDUM
Date: August 9, 1994
1993
To: city Commission Assistant City Attorne~
From: David N. Tolces,
Subject: Interlocal Agreement with Northern Palm Beach
County Water Control District for N.P.D.E.S.
proqram
The attached agreement is to be entered into between the
City and the Northern Palm Beach County Water Control
District ("District") as part of the City's effort to comply
with the EPA's National Pollutant Discharge Elimination
System requirements. The City joined a pool of local
governments in Palm Beach County to apply for a joint NPDES
permit, and the District is the local agency which applied
for the permit.
As part of this agreement, the District will implement and
supervise the five-year water monitoring program which
includes submitting the annual water quality monitoring
report and analyzing the water quality sampling data. The
agreement will last until September 30, 1998, unless
cancelled by providing 60 days written notice prior to the
end of the funding year.
The agreement provides for payment procedures and will
insure that cost estimates are received by March 1 of each
funding year. If any surplus funds remain in 1998, the
monies shall be refunded to the City.
Approval of the agreement is recommended. Please call if
you have any questions.
DNT: smk
cc: David T. Harden, City Manager
Sharon Morgan, City Clerk's Office
Dan Beatty, Assistant City Engineer
npdes-Ldnt
@ Printed on Recycled Paper ~8.
'.
"
INTERLOCAL AGREEMENT FOR WATER QUALITY
MONITORING REQUIRED UNDER THE EPA
MUNICIPAL SEPARATE STORM SEWER SYSTEM
NATIONAL POLLUTANT DISCHARGE ELIMINATION
SYSTEM PERMIT
This Agreement shall be effective as of the day of
, 1994, and is being entered into by and between
NORTHERN PALM BEACH COUNTY WATER CONTROL DISTRICT, 357 Hiatt
Drive, Palm Beach Gardens, Florida 33418, (hereinafter referred to
as the "DISTRICT") and CITY OF DELRAY BEACH, 100 N.W. 1st Avenue,
Delray Beach, FL 33444, (hereinafter referred to as the
"PERMITTEE").
N 1. T N ~ .Q .Q ~ T H:
WHEREAS, the parties to this agreement, have previously
entered into two Interlocal Agreements for the preparation and
submission of an application to the Environmental Protection
Agency (hereinafter referred to as "EPA") for a National Pollutant
Discharge Elimination System (hereinafter referred to as "NPDES" )
permit, and
WHEREAS, the NPDES permit if issued to the PERMITTEE will be
for a period of five years, during which time the PERMITTEE will
be required to implement a five year monitoring program for water
quality sampling and submit annual reports to EPAj and
WHEREAS, there are approximately forty governmental entities
operating within Palm Beach County, Florida who have been required
to apply for an NPDES permit and upon their receipt of said
permit, will also be required to implement a five-year monitoring
program for water quality sampling and the submission of annual
reports to EPAj and
.
WHEREAS, the parties to this Agreement, and all other govern-
mental entities located within Palm Beach County, Florida who are
required to apply for and receive an NPDES permit, have determined
that it is in their best interests to pool their efforts in order
to provide an efficient and cost saving mechanism for initiating
and complying with the EPA's five-year monitoring and report
programs; and
WHEREAS, the DISTRICT will be entering into agreements
similar to this Agreement with most if not all of the other
governmental entities located within Palm Beach County, Florida
who are required to obtain an NPDES permit from the EPA; and
WHEREAS, the parties are authorized pursuant to the laws of
Florida to enter into this Interloca1 Agreement for the purposes
set forth herein.
NOW, THEREFORE, the undersigned parties, for and in consider-
ation of the mutual benefits set forth herein, do hereby enter
into this Interlocal Agreement and represent, covenant and agree
with each other as follows:
SECTION ONE
REPRESENTATIONS
1.01. The recitals as set forth hereinabove are considered
true and correct and are incorporated herein by this reference.
SECTION TWO
SCOPE OF WORK
2.01. The DISTRICT does hereby agree to provide the follow-
ing services on behalf of the PERMITTEE:
-2-
,
(A) The implementation and supervision of the
five-year water monitoring program required by Section 5.4 of the
PERMITTEE'S General MS4 Part 2 NPDES Permit Application.
(B) The implementation of a program to coordinate
with all other governmental entities located within Palm Beach
County, Florida that are subject to the NPDES permit water
monitoring requirements, the preparation and submission of reports
to the EPA.
(C) Preparation and submission of the Annual Water
Quality Monitoring Report required to be submitted to EPA by the
PERMITTEE.
(D) Analyzing the water quality sampling data derived
from the Water Quality Monitoring program in order to generate an
estimate of the seasonal event mean concentrations of selective
pollutants in discharges resulting from representative storm
events and land uses.
SECTION THREE
TERM OF THE AGREEMENT
3.0l. This Agreement shall be effective as of the date of
its execution by all parties hereto and shall continue in full
force and effect on an annual Funding Year (as hereinafter
defined) renewal basis unless terminated in accordance with the
provisions of this Agreement.
3.02. The term "Funding Year" shall be defined for the
purposes of this Agreement as the following fiscal year periods,
namely:
-3-
,
(A) First Funding Year - from October I,
1993 through September 30, 1994.
(B) Second Funding Year - from October I, 1994
through September 30, 1995.
(C) Third Funding Year - from October I,
1995 through September 30, 1996.
(D) Fourth Funding Year - from October I, 1996
through September 30, 1997.
(E) Fifth Funding Year - from October I, 1997
through September 30, 1998.
3.03. This Agreement shall be automatically renewed on an
annual basis for each of the above-defined Funding Years, unless a
party to this Agreement should provide written notice of
non-renewal to the other party at least sixty (60) days prior to
the end of a Funding Year.
SECTION FOUR
TERMINATION PROVISIONS
4.01. The DISTRICT, in order to carry out the duties and
obligations it has assumed herein, will be required to enter into
contractual arrangements with third parties for the provision of
certain services and in that the PERMITTEE is dependent upon the
DISTRICT to carry out the duties and responsibilities the DISTRICT
has assumed herein, neither party to this Agreement may terminate
the Agreement during any Funding Year except for the following
enumerated reasons and pursuant to the provisions of paragraph
4.02, namely:
(A) The failure by the PERMITTEE to pay in accordance
with the provisions of Sections Five and Six of this Agreement.
-4-
.
(B) The failure by the DISTRICT, after receiving
written notification by the PERMITTEE identifying any alleged
default by the DISTRICT of its obligations under the terms of this
Agreement, to correct said alleged default within thirty (30) days
of receipt of the PERMITTEE'S notice.
(C) The PERMITTEE'S being released from the obliga-
tion under its NPDES permit to provide a Water Quality Monitoring
program.
4.02. A party authorized to terminate this Agreement for one
of the above enumerated reasons, must provide thirty (30) days
prior written notice to the other party of said terminating
party's decision to terminate. Once the notice is issued, the
termination shall not be effective until said thirty (30) day time
period has elapsed.
4.03. If this Agreement is not renewed at the end of any
Funding Year or is terminated in accordance with one of the above
enumerated reasons, all documentation and data previously
co llected by the DISTRICT in carrying out the duties and respon-
sibilities it has assumed herein, shall be made available to the
PERMITTEE, provided, however, the originals of said documentation
and data shall be retained by the DISTRICT. The PERMITTEE shall
be authorized to duplicate or copy all of said documentation and
data provided that the cost of same shall be borne by the
PERMITTEE.
SECTION FIVE
FUNDING AND PAYMENT PROCEDURE
5.0l. In that this Agreement is anticipated to be renewed
-5-
I
for a number of Funding Years, it is difficult to project the
potential costs the DISTRICT may incur in future Funding Years for
carrying out the duties, obligation and responsibilities assumed
herein by it.
Due to the above, the parties agree that it is in
their best interest to arrive at a payment amount on an annual
Funding Year basis in order to more reasonably calculate the
amount that will be required to be paid by the PERMITTEE to the
DISTRICT.
5.02. In accordance with the above, the parties agree that
for the First Funding Year, the PERMITTEE shall pay to the
DISTRICT the sum of $24,900.00, with said sum to be paid pursuant
to Section 6 of this Agreement.
5.03. As for payments that will be required to be paid by
the PERMITTEE to the DISTRICT for :the Second through the Fifth
calendar years, the parties agree that the DISTRICT shall provide
a cost estimate to the PERMITTEE of the PERMITTEE'S next Funding
Year's estimated payment amount, with the cost estimate for the
Second Funding Year to be issued on or before March 1, 1994 and on
or before March 1st of each year thereafter for the subsequent
Funding Years. Following which and prior to sixty (60) days
before the beginning of the next Funding Year, the DISTRICT and
PERMITTEE shall agree in writing upon a mutually acceptable dollar
amount to be paid by the PERMITTEE to the DISTRICT for the subse-
quent Funding Year, all of which shall be paid pursuant to Section
Six of this Agreement. If, however, the parties cannot agree upon
a mutually acceptable dollar amount by the aforementioned dead-
-6-
,
line, then in that event this Agreement shall be deemed terminated
unless otherwise agreed to in writing by and between the parties,
SECTION SIX
PAYMENT PROCEDURE
6.01. The DISTRICT during each Funding Year shall submit a
monthly invoice to the PERMITTEE for such costs and expenses as
are obligated to be paid or have been incurred by the DISTRICT in
carrying out the duties and responsibilities the DISTRICT has
assumed under the terms of this Agreement.
6.02. An initial invoice in the amount of $8,300.00 plus the
monthly portion as then due of the remaining amount of $16,600.00
for the First Funding Year shall be mailed by the DISTRICT to the
PERMITTEE on or about the 15th day of the month following the
execution of this Agreement, with all future monthly invoices to
be mailed on or about the 15th day of each month thereafter
throughout the term of this Agreement, including renewals, if any.
6.03. The PERMITTEE shall promptly process the DISTRICT'S
invoice and pay same within thirty (30) days from the date of the
invoice.
6.04. Unless otherwise agreed to in writing by and between
the parties, if a monthly invoice is not paid in full within
thirty (30) days of its due date, then in that event the duties
and responsibilities assumed by the DISTRICT under the terms of
this Agreement may, following five (5) days written notice to the
PERMITTEE, be suspended and/or terminated by the DISTRICT at its
sole discretion.
-7-
.
6.05. The parties to this Agreement have previously entered
into an agreement for the preparation and submission of Part 2 of
the NPDES permit application and under the terms of said previous
agreement, the PERMITTEE may be entitled to a refund to the extent
that there are surplus funds held by the DISTRICT at the time of
conclusion of Part 2 of the NPDES permit application process.
Based upon the above and to the extent that the
PERMITTEE is entitled to such a refund, the parties agree that the
DISTRICT is hereby authorized to apply any such refund that would
otherwise be returned to the PERMITTEE (said surplus to be deter-
mined in accordance with the terms of the Part 2 NPDES Inter10cal
Agreement) in full or partial payment, as the case may be, of such
amount(s) that will be invoiced to the PERMITTEE by the DISTRICT
under the terms of this Agreement and such refund, when so
credited, shall be reflected on the PERMITTEE'S monthly invoice.
SECTION SEVEN
SURPLUS FUNDS
7.01. If, following either a non-renewal of this Agreement
or termination of this Agreement, there should remain any surplus
monies that were previously paid by the PERMITTEE under the terms
of this Agreement to the DISTRICT, said surplus funds shall be
paid to the PERMITTEE within thirty (30) days following the
PERMITTEE'S payment to the DISTRICT of the last invoice for
services rendered that are required to be paid in accordance with
this Agreement.
-8-
,
SECTION EIGHT
MISCELLANEOUS PROVISIONS
8.01. All notices, requests, consents and other communica-
tions required or permitted under this Agreement shall be in
writing (including telex, facsimile or telegraphic communication)
and shall be (as elected by the person giving such notice) hand
delivered by prepaid express overnight courier or messenger
service, telecommunicated, or mailed (airmail if international) by
registered or certified mail (postage prepaid), return receipt
requested, to the following addresses:
As to DISTRICT: NORTHERN PALM BEACH COUNTY
WATER CONTROL DISTRICT
357 Hiatt Drive
Palm Beach Gardens, FL 33418
Attn: Peter L. Pimentel
Executive Director
Phone (407) 624-7830
Fax (407) 624-7839
With a Copy to: Kenneth W. Edwards, Esq.
Caldwell & Pacetti
324 Royal Palm Way
Third Floor
Palm Beach, FL 33480
Phone (407) 655-0620
Fax (407) 655-3775
As to PERMITTEE: David T. Harden, City Manager
CITY OF DELRAY BEACH
100 N.W. 1st Avenue
Delray Beach, FL 33444
Phone (407) 243-7010
Fax (407) 243-7166
-9-
With a Copy to: Ralph E. Hayden, P.E./City Engineer
City of Delray Beach/Env. Svs.
434 S. Swinton Avenue
Delray Beach, FL 33444
Phone (407) 243-7300
Fax (407) 243-7060
8.02. Entire Agreement. This Agreement represents the
entire understanding and agreement between the parties with
respect to the subject matter hereof.
8.03. Binding Effect, All of the terms and provisions of
this Agreement, whether so expressed or not, shall be binding
upon, inure to the benefit of, and be enforceable by the parties
and their respective legal representatives, successors and
permitted assigns.
8.04. Assignability. The responsibility for carrying out
any task assumed by any party to this Agreement, but not the
obligation to pay the amounts required to be paid as hereinabove
set forth, may be assigned by any party to this Agreement.
8.05. Severability. If any part of this Agreement is
contrary to, prohibited by or deemed invalid under applicable law
or regulation, such provision shall be inapplicable and deemed
omitted to the extent so contrary, prohibited or invalid, but the
remainder hereof shall not be invalidated thereby and shall be
given full force and effect so far as possible.
8.06. Governing Law and Venue. This Agreement and all
transactions contemplated by this Agreement shall be governed by,
and construed and enforced in accordance with, the internal laws
of the State of Florida without regard to any contrary conflict of
-10-
.
law's principle. Venue of all proceedings in connection herewith
shall be exclusively in Palm Beach County, Florida, and each party
hereby waives whatever their respective rights may have been in
the selection of venue.
8.07. Time of the Essence. Time is of the essence with
respect to this Agreement.
8.08. Headings. The headings contained in this Agreement
are for convenience of reference only, and shall not limit or
otherwise affect in any way the meaning or interpretation of this
Agreement.
8.09. Right of Remedies. The fai lure of any party to insist
on a strict performance of any of the terms and conditions hereof
shall be deemed a waiver of the right of remedies that the party
may have regarding that specific instance only, and shall not be
deemed a waiver of any subsequent breach or default in any terms
and conditions.
8.10. Availability of Records. DISTRICT shall maintain
during the term of this Agreement all books of account, reports
and records documenting the use of funds and monitoring programs
undertaken pursuant to this Agreement, The DISTRICT shall allow
PERMITTEE, its authorized representatives or agents to inspect any
and all records, reports, and books at reasonable times and places.
8.11. Counterparts. This Agreement may be executed in one
or more counterparts, each of which shall be deemed an original,
but all of which together shall constitute one of the same instru-
ment.
-11-
.
IN WITNESS WHEREOF, the parties have set their hands and
seals the day and year hereinafter written.
EXECUTED BY DISTRICT this day of , 1994.
ATTEST: BOARD OF SUPERVISORS, NORTHERN
PALM BEACH COUNTY WATER CONTROL
DISTRICT
By: By:
Peter L. Pimentel William L. Kerslake
Secretary President
(SEAL)
EXECUTED BY PERMITTEE this day of , 1994.
ATTEST: CITY OF DELRAY BEACH
By: By:
(SEAL)
(print name)
(official position)
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:
6557E
8/02/94
-12-
.
. , /\'
r- 'It /
L '
[ITY DF DELAAY BEA[H
CITY AnORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444
FACSIMILE 407/278-4755 Wr~t_r'. D~r_ct L~n_
DELRA Y BEACH (407) 243-7090
f I 0 . I 0 "
.....
AI~America City
, III I! MEMORANDUM
Date: August 11, 1994
1 WJ I
To: City Commission ~
From:
David N. Tolces, Assistant City Attorney
Subject: Resolution Authorizing Agreement with DOT and CSX
Railroad Crossing - S.W. 10th Street
For your approval is a resolution authorizing the City to
enter into an agreement with the Florida DOT and CSX
Transportation Company. The agreement provides for the
installation and maintenance of the grade crossings and
traffic control devices at the CSX crossing on S.W. 10th
Street. The City will agree to pay all costs associated
with the improvements estimated to be $255,950.00. The City
and CSX also will equally divide the cost for operation and
maintenance of the traffic control devices.
Approval of this agreement is recommended. Please call if
you have any questions.
DNT:smk
cc: David T. Harden, City Manager
Sharon Morgan, City Clerk's Office
Kevin Becotte, Engineer I
csx-2.dnt
~~
~qtf
@ C'-,-_ r;c
;:;'~ .~ (.~ ;",-:~2
,
, -
.
. ,
FORM 72S-090-10Sa
1/90
Page 1 of 1
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
OFFICE OF PUBLIC TRANSPORTATION
CITY RESOLUTION
!ADE CROSSING AND CROSSING TRAFFIC CONTROL DEVICES, FUTURE RESPONSIBILITY
AT CITY EXPENSE
SOUTHEAST CORRIDOR ONLY
COUNTY SECTION Joe NUMBER ROAD NAME OR NUMBER COUNTY NAME PARCEL ~ R/W NUMBER FAP NUMBER
93 000 SW' 10TH STREET PALM BEACH l-(X&SR) N/A
A RESOLUTION AUTHORIZING EXECUTION OF A RAILROAD REIMBURSEMENT AGREEMENT FOR THE CONSTRUCTION
OF RAILROAD GRADE CROSSINGS, INSTALLATION OF TRAFFIC CONTROL DEVICES FOR RAILROAD GRADE
CROSSINGS, AND FUTURE MAINTENANCE AND ADJUSTMENT OF SAID CROSSINGS AND DEVICES; PROVIDING FOR
THE EXPENDITURE OF FUNDS; AND PROVIDING WHEN THIS RESOLUTION SHALL TAKE EFFECT.
RESOLUTION NO.
ON MOTION OF Commissioner (Councilman)
seconded by Commissioner (Councilman) , the
following RESOLUTION was adopted:
WHEREAS, the City of Delray Beach is constructing, reconstructing
or otherwise changing a portion of the Public Road System, between Congress Avenue
and 1-95 , which shall
call for the installation and maintenance of railroad grade crossing traffic control devices
for railroad grade crossings over or near said highway; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF Delray
Beach FLORIDA:
That the City of Delray Beach enter into a RAILROAD
REIMBURSEMENT AGREEMENT with the State of Florida Department of Transportation and the
CSX Transportation Company for the installation and maintenance of
certain grade crossings and traffic control devices for grade crossings designated as Job No.
93000- on S.W'. 10th Street
which crosses the right-of-way and tracks of the Department at FDOT/AAR Crossing No. -
628l59-H I located near Delrav Beach , Florida; and
That the City assume its share of the costs for future maintenance and adjustment of
said grade crossing traffic control devices as designated in the RAILROAD REIMBURSEMENT
AGREEMENT; and
That the Mayor and City Clerk be authorized to enter into such agreements with the
State of Florida Department of Transportation and the CSX TranSDortation
Company as herein described; and
That this RESOLUTION shall take effect immediately upon adoption.
INTRODUCED AND PASSED by the City Commission of the City of Delray Beach
Florida, in regular session, this day of , 19 -
Mayor-:=~~~~s:=~e~
ATTEST:
City Auditor and Cle~k
'.
,
FORM 725-090-88a
12/90
Page 1 of 6
STATE OF FLORIDA DEP~ OF TRANSPORTATIOO
OFFICE OF PUBLIC TRANSPORTATION
RAILROAD REIMBURSEMENT AGREEMENT
GRADE CROSSING AND 'mAFFIC CONTROL DEVICES
AT CITY EXPENSE
SOOTHEASl' <XlRRIOOR ONLY
JOB ROAD NAME COUNTY PARCEL &
COUNTY SEcrION NUMBER OR NUMBER NAME R;1v NUMBER
93 000 SW 10th Street Palm Beach l(x & S R)
THIS AGREEMENT, made and entered into this day of ,
19___, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter
called the DEPARTMENT, and CSX TRANSPORTATION, INC., a corporation of Virginia, with
its place of business in the City of Jacksonville County of Duval , State of
Florida , and authorized to do business in the State of Florida, hereinafter called
CSXT and the City of Delray Beach , a political subdivision of the State of
Florida, hereinafter called the CITY.
WI'mESSETH :
WHEREAS, the CITY is constructing, reconstructing or otherwise changing a
portion of the Public Road System, designated as Job No. 93000- , on SW 10th StreeA:
which crosses at grade the State Rail Corridor and CSXT Property at Railroad
MP: 988.62 , FDOT/AAR Crossing Number 628159-H , at or near Delrav Beach , as
shown on CITY's Plan Sheet No. One , attached hereto as a part hereof; and
WHEREAS, the Department and CSXT entered into a Purchase and Sale Agreement
for the Rail Corridor described herein On May 11, 1988, at which time the DEPARTMENT
became the owner of said property and CSXT retained an Easement for Rail Freight
Operations within the Rail Corridor, and under which CSXT manages and maintains the
property on behalf of the DEPARTMENT pursuant to the Phase A Operating and Management
Agreement entered into on May 11, 1988, by CSXT and the DEPARTMENT (hereinafter "the
Phase A Agreement") and made a part of this agreement by reference thereto;
WHEREAS, the work contemplated hereunder is subject to the provisions of
the Federal Highway Administration Federal Aid Highway Program Manual, Volume 6,
Chapter 6, Section 2, Subsection 1 (FHPM 6-6-2-1), as amended, and DEPARTMENT's
Rule 14-46.002, Florida Administrative Code, as amended; and
NOW, TBEREPORE, in consideration of the mutual undertaking as herein set
forth, the parties hereto agree as follows:
1. The CITY intends to construct and maintain the said Road at grade, and .-
necessary approaches thereto, across DEPARTMENT's right of way, over the track(s) and
through the easements retained by CSXT at the hereinabove referenced location.
,
FORM 725-090-88a
12/90
Page 2 of 6
2. ' If the CITY so requests, CSXT shall provide, furnish or have furnished, all
necessary materials required for, and will construct at CITY's expense a Standard
Railroad Crossing Type "R" in accordance with the DEPARTMENT's Standard Index
No. 560 by reference made a part hereof as well as automatic railroad grade crossing
traffic control devices at said location in accordance with (1) the attached
detailed statement of the work, plans and specifications; (2) the DEPARTMENT's plans
and Standard Index Number 17882, FHPM 6-6-2-1 and FHPM 1-4-3, as amended, or Rule
14-46.002, F.A.C., as amended, all of which by reference are made a part hereof.
Upon completion of the crossing, CSXT shall be responsible for the maintenance of
said crossing in accordance with the Phase A Agreement. The initial construction
cost shall be paid by the CITY and shall not be paid from the Maintenance Account
established in the Phase A Agreement. After the construction of the crossing is
complete, the CITY shall be responsible for the maintenance cost of the highway
roadbed outside of the railway ties. However, it is expressly understood and aqreed
that the CSXT and/or the DEPARTMENT may, at their option and upon notification to the
CITY, perform such periodic maintenance work and bill the CITY directly for costs
thus incurred that are the responsibility of the CITY.
3. The Department, in its discretion may arrange for the synchronization of the
railroad crossing devices with existing or proposed highway traffic control devices
at N/ A , and attendant installation of "N/ A None of the
parties shall disconnect the interconnection circuit or change or cause to be changed
the signal sequence without prior notice to the other. Each party shall maintain its
respective devices, from the point of the junction box as provided for the
interconnect cable.
4. Work contemplated hereunder shall at all times be subject to the approvals
and notice provisions of the Phase A Agreement.
5. The CITY will reimburse CSXT for the cost of watchman or flagging service
when the CITY's contractor is performing work in the State's Rail Corridor or on CSXT
Property. Such costs shall be accrued and billed directly to the CITY.
6. (a) The contractor performing the construction for the CITY shall be
required to furnish Railroad Protective Liability Insurance naming CSXT
and the DEPARTMENT as Named Insureds, in a combined amount of at least
Two Million Dollars ($2,000,000.00) per occurrence, for all personal
injuries, death, or property damage, subject to an aggregate limit of
Six Million Dollars ($6,000,000.00) per annual policy period. Said
policy shall be written on the ISO/RIMA Form (ISO Form CG-00-35, or
current form, with Pollution Exclusion Amendment Endorsement ISO No.
CG-28-31). CITY OR Contractor shall submit the origianl policy to CSXT
and shall obtain CSXT's approval prior to commencing operations.
.
FORM 725-090-88a
12/90
Page 3 of 6
(b) The contractor shall furnish a Certificate of Insurance to the'
DEPARTMENT showing that the contractor carries Contractors Public
Liability and Property Damage Insurance (applicable to the job in
question) in the amount of Two Million Dollars ($2,000,000.00) at a
minimum, for all personal injuries, death, or property damage, per
occurrence arising during the policy period. Such insurance is to
conform with the requirements of the U.S. Department of Transportation,
Federal Highway Administration, Federal-Aid Highway Program Manual,
Volume 6, Chapter 6, Section 2, Subsection 2, Transmittal 350 dated
October 1, 1982, and any supplements thereto or revisions thereof.
7. The CITY shall bear the cost of relocation of any utility (wire or pipe line)
or communication line relocated as a result of the construciton contemplated herein,
unless the original agreement creating the occupation of such utility or
communication line requires the utility or communication line company to relocate
said line. CSXT agrees hereby to assist the CITY in the enforcement of such original
agreement, if so requested.
8. CSXT hereby agrees to install and/or adjust any necessary parts of
DEPARTMENT's facilities or equipment along said road in accordance with the
provisions set forth in the DEPARTMENT Rule 014-46.002 "Responsibility for the Cost
of Railroad/Highway Crossings", Florida Administrative Code, dated February 3, 1971,
as amended, and Federal Highway Administration Federal Aid Highway Program Manual
Volume 1, Chapter 4, Section 3, dated August 5, 1988: and Volume 6, Chapter 6,
Section 2, Subsection 1, dated April 24, 1984, and any supplements thereto or
revisions thereof, which, by reference hereto, are made a part hereof. CSXT further
agrees to do all of such work with its own forces or by a contractor paid under the
supervision and approval of the CITY.
9. At~ached hereto, and by reference made a part hereof, are plans and
specifications of the work to be performed by CSXT pursuant to the terms "hereof, and
an estimate of the cost thereof in the amount of $ 255.950.00 . All work
performed by CSXT pursuant hereto, shall be performed according to these plans and
specifications as approved by the DEPARTMENT and the CITY, and all subsequent plan
changes shall likewise be approved by the DEPARTMENT and the CITY.
10. All labor, services, materials and equipment furnished by CSXT in carrying
out the work to be performed hereunder shall be billed by CSXT directly to the CITY.
Separate records as to the costs of contract bid items and force account items
performed for CSXT shall also be furnished by CSXT to the CITY.
11. The parties agree that fifty percent (50%) of the cost for the operation and
maintenance of the automatic highway grade crossing traffic control devices by CSXT
shall be borne by the CITY and fifty percent (50%) shall be paid pursuant to the
Phase A Agreement, all in accordance with the attached Schedule of Annual Cost of
Automatic Highway Grade Crossing Devices, said schedule being subject to future
revision by the DEPARTMENT.
12. Unless otherwise agreed upon herein, the CITY agrees to insure that at the
crossing the advance warning signs and railroad crossing pavement markings will
,
,
FORM 725-090-88a
12/90
Page 4 of 6
conform to the MUTCD within thirty (30) days of notification that the railroad signal
improvements have been completed an that such signs and pavement markings will be
continually maintained at an acceptable level as determined by the DEPARTMENT.
13. CSXT has determined that the method to be used in developing the relocation
or installation cost shall be as specified for the method checked and described
hereinafter:
(a) Actual and related indirect costs accumulated in accordance with a work
- order accounting procedure prescribed by the applicable Federal or State
regulatory body.
....xx.(b) Actual and related indirect costs accumulated in accordance with an
established accounting procedure developed by CSXT and approved by the
CITY.
(c) An agreed lump sum $ , as supported by a detail analysis of
- estimated cost attached hereto. (Note: This method is not applicable
where the estimated cost of the proposed adjustment exceeds $100,000.00.)
14. If the DEPARTMENT and CSXT concur that an upgrading and/or betterment of the
crossing beyond that contemplated in this agreement is desirable, then any cost
associated with such upgrading or betterment shall be paid from the maintenance
account provided for in the Phase A Agreement. If the CITY wishes to upgrade and/or
better the crossing, such upgrade or betterment shall be paid for by the CITY.
15. All salvage value of materials resulting from the work contemplated herein
shall be subject to the salvage provisions of the Phase A Agreement.
16. (a) If methods (a) or (b) in Section 13 above are indicated, within one
hundred eighty (180) days after completion of the work, CSXT shall
furnish the CITY with two (2) copies of its final and complete billing
of all costs incurred in connection with the work performed hereunder,
such statement to follow as closely as possible the order of the items
contained in the estimate attached hereto. The totals for labor,
overhead, travel expense, transportation, equipment, material and
supplies, handling costs and other services shall be shown in such a
manner as will permit ready comparison with the approved plans and
estimates. Materials shall be itemized where they represent major
components of cost in the relocation following the pattern set out in
the approved estimate as closely as possible.
(b) The final billing, or the estimate when a Lump Sum estimate is approved
by the CITY, as in method (c) in Section 13, shall also show the
description and site of the Project; the date on which the first work
was performed, or, if preliminary engineering or right-of-way items are
involved, the date on which the earliest item of billed expense was
incurred; the date on which the last work was performed or the last item
of billed expense was incurred and the location where the records and
accounts billed can be audited. Adequate reference shall be made in the
.
FORM 725-090-88a
12/90
Page 5 of 6
billing to CSXT1s records, accounts and other relevant documents. All
cost records and accounts shall be subject to audit by a representative
of the CITY. Upon receipt of invoices prepared in accordance with the
provisions of the above indicated Reimbursement POlicy, the CITY agrees
to reimburse CSXT in the amount of such actual costs or Lump Sum as
approved by the CITY's auditor.
17. Should said crossing be abandoned, the DEPARTMENT may, at its sole
discretion, remove said crossing or otherwise control or use said crossing as the
DEPARTMENT desires.
18. ClfJ";f.1 Nr/.4/tt'rl4/CJm NWf1rJ~t1/~cj /C/CJ1/"I"I ftI'rJCftI/titlff1 f1il11/791?91'f /1'9'~n'!Y"1ny /
i~d~mmiiY/~r/.4/~~J4/~~~!~~~/~~~/~cj/C/~~/qv/~g~/9~~~1~~>1/~"11"~1
ii~~iil/~~4/~m~J~Y~~$/'t~/9rJY/q~9~,/~q~~,/q~99~'/9q~V/9911~'/91/'~~"/~1"'~1/
d~i/di/i~y/~~il/~~ii~r/./Ir/.~q~~t1I/~~~~qq/~/q"l~9.Yfl1Y/~~/~~41~t/~~~/~J11/~~1t~~/~~e
~4tfdtmi~~~/dili~'/~~r/.ttt~q~/~f1~~/cj~1/o/qv/~/yggyq~9~11~?9/~9'9~~tlt~/~~t/~t~~~/~t
#to#4iiy/id/vMldM/iM~/~gv~/qQ/q91~n19Qt11f1~ft19Y/~f1/1~9j~V//~~~~1~/~~~1/~,t1~"
aiiTlliM4Idt1111~di/ir/.Y/~f/~~1Q/~gq~9qt1qv~J11~~/~f1/~1~91'1~~9'1/~~1'/'~1t~~/i~T/
dimd~4i/~tiii~i/d~i/~ilid1vtY/qv/~~gf1lt1q~1/~qrJ~/q1/fl?V9P'~Y/911'~~iY/1~~"~/~1/
t4i~1il~iliidm/tM~/i~1'/d4q~1g~rJqf1lqq/~~~/q1//~9Y/9111V~/9tl11~1'1/~~'~1'
dt/4r1t~1dy44il
19. SPECIAL PROVISIONS
1. Paragraph 18 deleted by all parties prior to execution.
2. Upon execution of this Agreement, this will become the Agreement of
Record.
Q
City of Delray Beach 1I;~: tlmf:f,V~tNg~~~ EUGR., FOOT Approval Signature
Approval Signature .\fUBL1C & PASSENGER PROJECT'
.
FORM 725-090-88a
12/90
Page 6 of 6
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
executed by their duly authorized officers, and their official seals hereto affixed,
the day and year above written.
Sl'ATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
BY: (SEAL)
A'ITEST:
Secretary
CSX TRANSPORrATION, INC.
BY; .(2 eX (SEAL)
TITLE' ~Atf4;~
'7:- ~~-....- r~'" ,'" ,.....,--.'"'_,.....-. f""""''''--_'__,
V...C..... .,---- "- '..- :l-~.- ._:. ~..:. ~___,_._~_,...
CITY OF Delray Beach , FLORIDA
BY:
A'ITEST:
Clerk
Approved a to Form, Approved as to Form,
Legality and Execution Legality and Execution
By: By: ~~
Attorney FOOT DaVid N. Tolces
, Assistant City Attorney
Date:
'.
COST ESTIMATE
RE: Section No.: 93000- W.P.I. No.: N/A
Road No.: SW 10th Street Parcel l(X & S R)
R.R. M.P.: SX 988.62 County: Palm Beach
crossing No.: 628159-H F.A.P. No.: N/A
This estimate was prepared by E.F. Radson, District IV Railroad Coordinator,
Florida Department of Transportation for the above project.
.5W 10 ri S{:ee-f
Estimated thirty (30) days of Railroad Flagging Protection at oMQllz,r888 B a.
O()-, . ~
Estimated cost of work for flagging protection listed below: 711"/~4-.
1. Railroad Flagging Service for 30 days at $300.00 a day,
total cost of flagging protection is $ 9,000.00
2. 2 Each 30 FT 4 IN Gates 25,000.00 Each $ 50,000.00
3. 2 Each 24 FT 4 IN Cantilevers 45,000.00 Each $ 90,000.00
4. 2 Each 10 LF Pedestrian gates 15,000.00 Each $ 30,000.00
5. 81 LF of Type "R" Full Depth Crossing Surface 950/LF S 76,950.00
TOTAL $255,950.00
,
-.. ~.~.~.-
OfflCE OF PUOUC fRA.HSPORT A. nON ""'l
RAILROAD GRADE CROSSING TRAFFIC CONTROL DEVICES OJ/I'
COUNTY SECTION JOO NUMOER ROAD NAME on NUMOER COUNTY NAME PARr~L & RM NUMOER FAP NUMOER
"-
i 000 SW' 10th Street Palm Beach 1(x & S R) N/A
COMPANY NAME CSX Transportation, Inc.
A. JOB DESCRIPTION & LOCATION: Roadway Widening
B. TYPE OF ROADWAY FACILITY: City Collector
C. FDOT/AAR XING NO : 628159-H RR MILE POST TIE: SX 988.62
D TYPE SIGNALS PROPOSED IV CLASS _ III DOT INDEX: 17882
SCHEDULE OF ANNUAL COST OF AUTOMATIC
HIGHWAY GRADE CROSSING TRAFFIC CONTROL OEVICES
Annual Maintenance Cost Exclusive of Installation
gLASS DESCRIPTION COST"
I Flashing Signals - One Track S 1.404.00
Flashing Signals - Multiple Tracks $1,858.00
III Flashing Signals and Gales - One Track 62.117.00;;
IV Flashing Signals and Gates - Multiple Tracks $2657.00
"Effective July 1,1991
AUTHORITY: FLORIDA ADMINISTRATIVE RULE 014.46.002
ResponSibility for the Cost of Automatic Highway
Grade Crossing Traffic Control Devices
EFFECTIVE DATE: July 1,1991
GENERAL AUTHORITY: 334.044 F.S.
SPECIFIC LAW IMPLEMENTED: 335.141 F.S.
;~-':,-''''~'.''''~?:~'':': ~,
STATE OF FLORIOA OEPARTMENT OF TRANSPORTATION FORM 72S-Oto.o9-a
OFFICE OF PUBLIC TRANSPORT A TION REl'~CES 141-33
WORK DESCRIPTION 01110
P....GE 1 0/1
GRADE CROSSING TRAFFIC CONTROL DEVICES
COUNTY SECTION JOB NUMBER ROAD NAME OR NUMBER COUNTY NAME PARCEL & R(W NUMBER FAP NUMBER
93 000 SW 10th Street Palm Beach 1(X & S R) N/A
RAILROAD COMPANY
I CSX Transportation, Inc. I
A. JOB DESCRIPTION & LOCATION: Roadway Widening
B. TYPE OF ROADWAY FACILITY: City Collector
C. FDOT/AAR XING NO. 628159-H RR MILE POST TIE: SX 988.62
D. TYPE SIGNALS PROPOSED: IV CLASS: III DOT INDEX NO.: 17882
E. STATUS AND PROPOSAL:
1. EXISTING DEVICES: (See Agreement dated )
a. _ None-New Crossing.
b. _ Crossbuck and Disk.
c. _ Flashing Signals with Disk.
d. _ Flashing Signals with Cantilever.
e. -XX...-. Flashing Signals with Gates.
f. _ Flashing Signals with Cantilever and Gates.
2. PROPOSED DEVICES (Safety Index Rating )
a. _ No revision required.
b. _ Crossbuck and Disk.
c. _, Flashing Signals and Disk.
d. _ Flashing Signals with Cantilever.
e. _ Flashing Signals with Gates.
f. ---1QL Flashing Signals with Cantilevers and Gates.
g. _ Relocate existing signal devices:
(1) (With-Without) addition of Gates.
(2) xx (~Without) synchronization with highway traffic signals.
F. COMMUNICATION AND/OR POWER LINE ADJUSTMENTS:
1. ~ By Othe~~, ( Company)
2. -1QL By Railroad Company.
G. AUTHORITY REQU,ESTED: (Draft attached: Yes No.)
1. xx _Agreement (Th.i.rd Party Participating City of Delray Beach )
2. _ Supplemental Agreement No.
3. Crossing Permit.
4. ~ Estimate for O"'~"gc Order ~Jo. New SOIl~heast Corridor Agreement
5. --:--- Letter of Authority.
6. -:-:-- Letter of Confirmation (No Cost to Department).
H. OTHER REMARKS:
.. .- -
-
.' ..
...' - '.- -- ...
Negotiatiollst,o b~'complete(f 6~~ November, 1994
Signal installation; target ciate:.
Synchroniztion: (Dr~ft. a.ttached _ Ye5 xx No)
$11-441
-- - -~.~_...~,,-..-.._.._--,-
F'OMM 1~'S.OOO.01 STATE Of 'LOnlOA OEPARTMCNT or TRANSPORTATION
'01 I' Or-fICE OF PUBLIC TRANSPORT A TION
PAOE 1 of 1
WORK DESCRIPTION
GRADE CROSSING
NEW OR RECONSTRUCTION
COUNT Y SECTION JOB NUMBER ROAD NAME OR NUMBER COUNTY NAME PARCEL &. R/W NUMBEr' FAP NUMBER 1
93 000 SW' lath Street Palm Beach l(X & S R) N/A I
RAILROAD COMPANY
! CSX Transportation, Inc. I
A, JOB DESCRIPTION & LOCA TION Roadway Widening
B, TYPE OF ROADWA Y FACILITY: City Collector
C, FDOT/AAR XING NO. 628159-H RR MILE POST TIE: SX 988.62
D. TYPE CROSSING PROPOSED: Type "R" Full Depth DOT INDEX: 560
E. STATUS AND PROPOSAL:
1. EXISTING CROSSING: (See Agreement dated )
a. ~ To be Improved as permanent public road crossing.
b. To be (used-Improved) for temporary (haul-detour) operation, Pit No.
c. To be relocated (See above for new location) Existing crossing will:
(1) remain In place for local use.
(2) be abandoned and removed by (State-Railroad) forces.
d. To be eliminated - Remarks
2. NEW CROSSING:
a. xx To be constructed as permanent public road crossing.
b. To be constructed for temporary (haul-detour) operation. Pit No.
c. Relocated from elsewhere (See 1.c. above, Ae: Existing Crossing).
d. Requires Public Hearing (State Statute 335.141 & 120.57)
F. VERTICAL ALIGNMENT:
1. _ Meeting elevation of existing rails.
2. xx Track adjustments necessary. Rails to be (raised-lvyn:I~J) Design Plan .f.ee.t .
G. CROSSING PROTECTION: (Signal Sheet attached: Yes No)
H. DRAINAGE ITEMS: (Drainage Sheet attached: Yes No.)
I. COMMUNICATION ANDIOR POWER LINE ADJUSTMENTS;
1. By Others ( Company).
2, ~ By Railroad Company.
J. AUTHORITY REQUESTED: (Draft attached: Yes No)
1. ~ Agreement (Third Party Parttclpatlng City of Delrav Beach )
2. _ Supplemental Agreement No. _
3. Crossing Permit.
4. _ Estimate for New Southeast Corridor Agreement
5. _ Letter of Authority.
6. _ Letter of Confirmation (No Cost to Department).
OTHER REMARKS: Negotiations to be completed by NovemberJ 1994
- ---
------
---"
_.~._.-
.
fORM 125'O'0-0~
,OIl' STATE OF rlORlOA OErARTMENT or TIIAN8PORTATlON
f'AQf 1 o. 1
OFFICE OF PUBLIC TRANSPORT A TION
RAILROAD RELOCATION SCHEDULE
SECTION JOe NUMBER ROAD NAME OR NUMBER COUNTY NAME PAflCEL ... rvw NUMOEfl FAP NUMBEfl -
COUNTY
93 000 SW 10th Street Palm Beach l(X & S R) N/A
RAILROAD COMPANY
I CSX Transportation, Inc. I
A. Facilities Involved (Detail as to Type and Location): Crossing No. 628159-H; R.R. M.P. SX 988.62
Type IV Class III Railroad Traffic Control Devices
Type "R" Full Depth Crossing Surface
Cantilevers and Pedestrian Gates
B. Relocation Work Anticipated (Describe and Relate to Location on Project):
C. Anticipated Relocation Schedule (Based on normal and 5-day work week):
ITEM DAYS ESTIMTED
-
Preliminary Engineering
Material Procurement
Right of Way Acquisition
Contract Negotiations (for railroad installation work)
Other ( 14 )"
Construction (actual railroad relocation time at job site)
ESTIMATED MAXIMUM TOTAL 14 Days
ADJUSTED RAILROAD RELOCATION PERIOD
(Allow for concurrent activities) ESTIMATED MINIMUM TOTAL Days
. See Highway Contract Special Provisions
D. Special Notations(s) to be included in Highway Contract Special Provisions:
RJlll-oad ty,-oLc.ctive Public Liability and Property OcJmage Liati1ity r n sur ',' n c ;~
COVC1-Jge Pol icy IIlUst co~forr~ to pol ~cy form out] ine r.resc~ibed J; "ISO-F-:U:;;'''
--1JJ..s.llrflnce SprvlcP Ol-qanlzatlOn - Rallroad Insurance I~anag<=ment
E. I nl~ CUMPANY proposes to commence-actual relocation and/or adjustment work: (Check
one
0 prior to highway contract advertisement, and relocation should be % complete by
date of preconstructlon conference.
0 concurrently with project advertisement.
Cl: concurrently with commmencement of highway construction.
The above date is based on construction plans and schedules prepared by the DEPARTMENT, and. therefore Is
furnished for informational purposes only. This COMPANY is not responsible for circumstances beyond its normal
control. However, the COMPANY will endeavor to fully cooperate with the DEPARTMENT, and Its Contractor, in
clearing the project right of way as expeditiously as possible. The COMPANY'S Field Representatives can be contacted
at: Ray TUKKle Telephone Number: (407) 863-3339
SUBMITTED FOR THE COMPANY BY: DoUR Cook DATE ____._
DEPARTMENTAL APPROVAL BY; Ed Radson D/~T:::
District Railroad Coordinator
.---... ".-"'-..-----
u ~.
)-l ---
:0 --
~~
~~
; ('
,
'-D
'.
~y
p-n ~ . .
,. , , '-!'\: - -~_.,. "....:.: . ~
p- o. <:> :>: . _~------"'_, ,. '-_".. . ~ _ ,
LJ " , " >; _ ... . _~~ . ___
. .' . " ,.:",:, ;t'i! ' !'; ;; . T i;-- 't ,'; cv',. \'.' , " _
' -.., '" ,.", . . . . . , - [i '. ~ '. ".,
. ;. i~'!J,'8gt;: 'CI, >py. . . w~~&f'Y' ,i't;" ~- ~ ~2'~ "
-. ". ''', .-. ~ --1 .
.':"'~~ -- ~-.: ~--':'~-'--"--. . fr- Oe '"
' , , ., .. .
CJ
"-: E~
<~
\r) s~'/"" !?EO
~, - .&,/ .$/ ~c5
~
I o~
~ 5z
-0
. .. ~ i ~o
. .
. \r) ~ --1"--
. .
-~ N
. .
- t '~
.... :~.
:, ~
. I , /,
. . ;
: .
. ,
,
\.,
. " t
" ....
., " .
; ~-l\ ", . I
\. "", L
" , .
\.
I ""
.- I ,
r- I __ -. t
.... -. ......... -
! '" t -._ _._
~ ~ ,
a
,.
SEE MAP NO'S 78 8< 79
Palm Ridge SASl'\\" 2 Sandpiper Cir ,..o~ ~ > N1~1 CI DEL Y '.' .-
E rB1vd -, 3 B1uel?ird La g 13 St ~ \N8E~~~'3T~ a:~~4 ~IR I( a> ~ ~ 13 S
4 Flamingo La 1 ~ -J '" t SARACEN CT 'pi _ t
I 5 Country Manors Blvd ~2 q;oRAIN~BERRY ,"'~ 2 AlSACE CT St.., j - PAR 95
W ' 'II l> J PHQHECIAN R ~ 13 St ..-=:~
I 6 hlppoorw' La ,'li;I:,"'" -lz"sT 4 ROMAN TER ~;; ..: 0 a'-
7Meadowlark La L 10 ~~~'~'~"f.oii".. ~ I- ~' r :z'"
r - 8 Shady La ' PI:S \,"" ~ - ,.:." ~. ~ 8
· ! 9 Moc~jngbird La lHt1fl01 St ,~. 10 S~~ <,~1~ ;- ,',,",~, "" A ~M ;:: ~ ~
12L ..J 10 Cardinal La ~1j rstlt.. BAY ~ _1-tlQ I' 'IYr :~ ..,~~~
. ~ e 9 > .. ~ 9 St I I;~ I" I_~- ,.. ::II
10-St_".:\=. <t > (") I en 10 St ""'~ .1:> . Q)
..;;;;;0: -.. St <t ~ - N - ., . P-:,' .. m
St 1 0 S~ ~ iV~ 9 St" : <t ~ 8 w:> ", Z -... ~ ~
2 ~fu ~~^.. i/J" ~1~8 S' ~ ~ .f~{~~~S ~ ~'" St ~ ~. Rt.' ': ~RY 10 St Z _Q: ~ ~(/I
J 5 i~ rv ;) t!. 't t N 01 ~ ......." ~ r-... ,/. ~ ^'
'aiWiC~~-~ o~; I\.tW (\") M c:; M ('oj ;::::1 ..... ~:"'~P_" v'" N " NW"';'P-'SV': ~ . '<" ~ I
Y . Park: lo ;) NW 7 3: l-J I N Sf f1'~\J- ~ ~ ,," " .f'
7 4-& @ 'ii"i~ _'pI ~ C, '''t;- z 1 _. AII'I: . CI ~Q. i "- '
Ii L;t < ~t Ave Montresor Av~ Villandry -e Anqler Dr ~ Anale.- ~'J7 q-; . 'f ~"b ~
t CO" ~ ... ~ ~ c ' a; 3: D I h' / ~s ~... If
,~o s 5 41 g Ch PI Valencay _: ~ DolphlO::l. i;' 0 P 10 () Lake . co l.
~ .a. 5 II) ~ > E \e '!. ~ Q.. co c: Dr ~ ~ .... ,.. ~ I ~~
~Ct ~ ':l\~ : ~~/Vd :: IChateli';r. ".... ~ Cortez .S I-~ ~ ~q, CO~f: D,.. ~ PI Ida J:IEi
.. " J;_ c, ~ f!1':> L ~ c: b t.><- aza" A
5 .. St - "~;n- ~Iii: - Dr ,ql1 j a Dorson 0 a; ~ 'lVev (ti -- - " . I
NW '4 St. QI - u; :: ~
- Q.. c:( -M
I ~ 3 Ct V\\.\.AGE OR ./ l N OHigh PointBJ"d Bishop Dr \I [0 . 8~::<
t Lake Or~ ----- i -- 0:-- """"'----- JII c c .s) .r c1,,!& ~g
- North "Or II '0'0 J 8 ""'!: a:
Ct~ 00 = t : J, I Q"I E 0 Q" Q" . ~ Poinsettia Blvd DR II C ~ ProsD@~t
St ~ljl<tJ 3 S W I-ligh P int Blvd Cjrcte~r Or CircleTer .D ~T~fc5 ii5 q'" CAROtKROl .::;, ~ NW 5t
,~l, '!I c ceO > ~ 0;:' .~~~tl. Q C 1r~IWYI
~INW...;lit..: '0 ~ '0 ~'o .D ~ South 0 Or rWeJl-i ~ Or A b a:: a:: ~.~ w D ~ E
~ · Q" :: Q"::Q,, ; ~J ~L0 ~ N High Point m rose .... <t
· .l:: .l: it u 0 0 .- u It-- 1 Dr 2."
~ Brady Blvd ;g '"-~~ .-:: .l:: U ,!:: South Ie ~ Blvd c . ~o. r...-. <
a: L I _~... S. (J OrTer ,- - '0 'I : I:.
Barrett St r ~ ~ cnHigh Q" l ,...\... >
a; Frances Dr ~ Point Or ~ /', rT'q' Riil I ~ > ~ <l:
~ "'[Ii co I High :i · /J 0 I'~!!!o w <
~ Ellwo...od Dr 3 . i Ii: ,g Z Point Dr Z 18 ' -, / . ~ 0 == ~ ~ ~
tV F d 1 MaUrice c Dr <t H' h P tl ~ ~.- n Amtrak <~ z :>
~ <:;l ranwoo ,- Ig omt W4 / · Sta ....:>
Dr ~ ------'l~" Blvd . l ~ · ~
o --W~ '},' _ 0
~ ~ J;",GCO'~D, 1~i"-~W~;..~~'t8int NW~ .?',"""",. w ;, .~
~ 0 a: ~ ~r~g 0 0 I c5 WINDYCREEK LA:+::;~ High Point I 0:-1ii-. E High Point i ~ WY > ~ <t <l:
w 1; 0 !: 0 Il.l Z ~ :: l,.1! I I Ter a.. " Ter ..,., co:{ . <
w .0 :l Z C! .!!:; 33445 I -~ .l::""" ~ ~ ~ ....
CIl ~,!!g.. a: JJ ~.c 1 c~.. Yi ~ ....: r6iii < ~.. .ot I
0; Gr~tiJ'~aD;5~ aUT.. 'IiJTlr :i~ co:f 806 ~ ,... ~~.~ov"s ~ DR 1':2 ~
:;'I::b .... . ' _ 'Y, ~~ ANBRES
>- 0 - - - -- - J ~~. SW 2\ St.. - ~" ,;;::......:.1 WY
CD Il.l . OlE DR Cl: ~...,. .'." ~'- ::> <:T ~ C'.
... ~ ~ '.~.- ~. '. ,- 0 "" I-} . ...~- .. Gi ... en ...
.! a: , .. .1J .s 0 Q ~ . . G;r'ID 0 I CD :l\ N St t.'.,,':' ' ~,J:"~ _ _ ., SW 3
0, ,-. 0 .e'!! ~.. CT....2i >,:a co ",'; :...~ ~ palnl' Beach ~
/..:~O.BE_,~.::.t;J,~ o,la~ \~. S, -, 1 < ~~ : N !J:SA. .," : ~~, 8~ Coqntyl 3 ~ 901 S
~, ~~""" ",.J.:.;tt' \;fI~.tO~ ~W\SW4<f--'~J!.:.~~:" E ~':f_ Cou!}hou~ ~ 4ST v
'":-:1' ~o ~.~, '8 W "'" -J " _ ~.r'" , ~ i-. A-- ~__
. . '-, 0 .~~ ..J 1 .. -~ ~ 1';;1:" ; . , nnex I CD
Ai .._..~' ..'a,.. .. . U :It
. ,. -r ~~4~ ~~ti:.~~ ~ -~I~ls~..C:r:t:'~ \ iI' ~ ~T~ ~; ~ I
. - _IR_, lAK, ..,., ,- .!::,~ T;'; 6 St . ~..;pQ: OMMERCE S\\ 6 St
~: ". lU m .J' N H'^...... 'AKd I': ' -,- DR .
, ~ . ~... '" N.:j i ~I J r-....E! ve '. ,\ r r~
' ... ','" . 'IJsl-:.....~ '"w,,, r -- ~, ~~-
....,,""~. .' ...'. ip~. CASAO'f\--viY 1&-:', .'~':J.._ . ,--' ...---.-c:il: 95 7ST ~.,.
... . ~ 'C: _,..... ,I ..... ~~
(,jj . \)\i\ ,. ~ CIi. " :':''':- -,- "I I- w ~
-- ~o~'tla<oJ --!-c~ CASITA ..m _ .;J"f......"'.;:. ::.':')..I~ :> :Ci:
_ t-- .z~~,.. re I :~I ~ CD CI :,::,:":":N c( I It) SW 8
,o\~ct" ~ ~ /~ ~":~~ Ie ..... - n~ ~ /.:.':.: I~ ,.J!:- :: :
/.. .~;.. 0, C\ ~," C)......X" I FIO~ =. CIR t ; ,."':"'--"'!l:~-~~~< < <
N "e"i ,.. 0" .' 0' 0 - - -- "~"..", . ~ -- (\") ('II
A'Ii ~Ci~ ~J,;' ~.~ --- I I\. I A __ ..,-,; 9 .~, ". ~ ;: .~ _ _
~ ~"4~:.o~ . ' !- ~UR~......wy --.;- --~- 14..
- - 0._..
., 'IC: {!. ~
- ~ t . ..." i ~ DlL-AIRElLYO 0 ~>- ~'O Ct. ~ !!!Ro..:a!.~
Q. SHERWOOD c; ;..J BLVD fJ~H... lii ;; ~r z= ~m~ ~(Z- j!., ~~
c ... ~ l~~. ~ ",,) J ~It III i ~~J. N ~ c :
g LAKEVIE,W 5, ' ,BLVD .. V 1,,7' 1'.:5 - !; ;t~Ay:l': 11 Ct' ~,-
~ .. ,=~..' ,.'~ _.,z~ ',. - -> (~CJoJ!T t&.'7UOR r A~. <. SW 12 Ct ~ I.... G
en h'.n'rEW~ O'<2!fv- I ~ Ct~ RID ~r PAlAY l' A 10& .1'" _ .
- - \;; "~d ;T./ ! .LVD I C C ~'oS.n (I a ~. :.
'--:=:- -- -- a:IMPERIA~ tC g ~~= . G13 Ct~ I co ifC
VilLAS i; ~ ila: :; ~ 4 St ..l~' ~ ilfrecLi St
~dvWoCids -_ ~3~~ I )(10 3~c !'" t\t/~"one Ct ~ ____ "_
",""... _~''''''_M'''''''__'''.___''''''__
-.--.-..-
"-
Cll~~ 'F "Et ~~1f .'" ~ -..' i i
'~"1~'::' ' I ..;
iJ' 1 '. ""'1 .: "lJ1 -:I "
. ,14. j ,,": '.' ", j ,
CITY ATTORNEY'S OFFICE ., ' . i: . .)Ll !,\I JE:,-\C;:. Fl : Ji{iDA ,;,;~-+~
. -
Wr~~_r'. D~r_ct L~n_
DELRA Y BEACH (407) 243-7090
~
AII.America City
"111' MEMORANDUM
August 1, 1994
i 1'1, Date:
To: Sharon Morgan, City Clerk's Office
Assistant City Attorn~
From: David N. Tolces,
Subject: Resolution for CSX Grade Crossing at S.W. 10th
Street
The attached resolution should be placed on the next
available City Commission regular agenda in conjunction with
the attached agreement. I will provide a back-up memorandum
in time for the Commission meeting.
Please call if you have any questions.
DNT: smk
Attachment
cc: Kevin Becotte, Chief Design Engineer
Alison MacGregor Harty, City Clerk
SP2
1)'" -. -~ . .- " .-
,
FC~~ 7:S-090-lS5a
1/90
Page 1 of -
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
OFFICE OF PUBLIC TRANSPOR"ATION
CITY RESOLUTION
GRADE CROSSING AND CROSSING TRAFFIC CONTROL DEVICES, FUTURE RESPONSIBILITY
AT CITY EXPENSE
SOUTHEAST CORRIDOR ONLY
coUNTY SECTION JOB NUMBER ROAD NAME OR NUMBER COUNTY NAME PARCEL , R!W NUMBER FAP ~"MBER
93 000 SW 10TH STREET PALM BEACH l-(X&SR) N/A
A RESOLUTION AUTHORIZING EXECUTION OF A RAILROAD REIMBURSEMENT AGREEMENT FOR THE CONSTRUCTION
OF RAILROAD GRADE CROSSINGS, INSTALLATION OF TRAFFIC CONTROL DEVICES FOR RAILROAD GR&:::
CROSSINGS, AND FUTURE MAINTENANCE AND ADJUSTMENT OF SAID CROSSINGS AND DEVICES.. PROVIDI:-IG FOR
THE EXPENDITURE OF FUNDS; AND PROVIDING WHEN THIS RESOLUTION SHALL TAKE EFFECT.
RESOLUTION NO.
ON MOTION OF Commissioner (Councilman)
seconded by Commissioner (Councilman) t::e
following RESOLUTION was adopted:
WHEREAS, the City of Delray Beach is construc::ing, reconstruc::ing
or otherwise changing a portion of the Public Road System, between Congress Avenue
and 1-95 , which shal.::"
call for the installation and maintenance of ra~lroad grade crossing traffic control devices
for railroad grade crossings over or near said highway; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF Delray
Beach FLORIDA:
That the City of Delray Beach enter into a RAI~ROAD
REIMBURSEMENT AGREEMENT with the State of Florida Department of Transportation and the
CSX Transportation Company for the installation and maintenance of
certain grade crossings and traffic control dev~ces for grade crossings designated as Job No,
93000- on S.W. 10th Street
which crosses the right-of-way and tracks of the Department at FDOT/AAR Crossing No. -
628159-H , located near Delrav Beach , Flor~da; and
That the City assume its share of the :::s~s for future maintenance and adjustment of
said grade crossing traffic control devices as jes~gnated in the RAILROAD REIMBURSEMENT
AGREEMENT; and
That the Mayor and City Clerk be author~=ed to enter into such agreements w~th the
State of Florida Department of Transportation a~d the CSX Trans~ortation
Company as herein described; and
That this RESOLUTION shall take effect immediately upon adoption.
INTRODUCED AND PASSED by the City Commiss~on of the City of Delray Beach
Florida, in regular session, this day of ' Q
-'-~ -
~av~r-:=-~:~=:;~~-
ATTEST:
C~ty Auditor and ClerK
FOR~ 725-090-:32
12/90
Page 1 0: 6
srATE OF FLORIDA DEPARIMENl' OF TRANSPORrATIOO
OFFICE OF PUBLIC TRANSPORTATION
RAILROAD REIMBURSEMENT AGREEMENT
GRADE CROSSING AND 'mAFFIC CONmOL DEVICES
XX CITY EXPENSE
SOO'I'HEAST CORRIDOR ONLY
JOB ROAD NAME COUNTY PARCEL &
COUNTY SEcrION NUMBER OR NUMBER NAME R/I'l NUMBER
93 000 SW 10th Street Palm Beach l(X & S R)
THIS AGREEMENT, made and entered into this day of ,
19 , by and bet\veen the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereina::er
called the DEPARTMENT, and CSX TRANSPORTATION, INC., a corporation of Virginia, ~i:~
its place of business in the City of Jacksonville County of Duval , State of
Florida , and authorized to do business in the State of Florida, hereinafter C2~:~C
CSXT and the City of Delray Beach , a political subdivision of the StaceJ:
Florida, hereinafter called the CITY.
WI'mESSETH :
WHEREAS, the CITY is constructing, reconstructing or otherwise changing a
portion of the Public Road System, designated as Job No. 93000- , on SW 10th Stree~
which crosses at grade the State Rail Corridor and CSXT Property at Railroac
MP: 988.62 , FDOT/AAR Crossing Number 628159-8 , at or near Delrav Beach , _.
shown on CITY's Plan Sheet No. One , attached hereto as a part hereof: and
WHEREAS, the Department and CSXT entered into a Purchase and Sale Agreement
for the Rail Corridor described herein on May 11, 1988, at which time the DEPAR':'\:;:::.---=-
became the owner of said property and CSXT retained an Easement for Rail Freigh:
Operations within the Rail Corridor, and under which CSXT manages and maintai~s ~~~
property on behalf of the DEPARTMENT pursuant to the Phase A Operating and Mar.a~~-~~:
Agreement entered into on May 11, 1988, by CSXT and the DEPARTMENT (hereinafter "- .~
Phase A Agreement") and made a part of this agreement by reference thereto:
WHEREAS, the work contemplated hereunder is subject to the prOVisions of
the Federal Highway Administration Federal Aid Highway Program Manual, Volume 6,
Chapter 6, Section 2, Subsection 1 (FHPM 6-6-2-1), as amended, and DEPARTMENT's
Rule 14-46.002, Florida Administrative Code, as amended; and
NOW, THEREFORE, in consideration of the mutual undertaking as herein set
forth, the parties hereto agree as follows:
l. The CITY intends to construct and maintain the said Road at grade, a~~
necessary approaches thereto, across DEPARTMENT I S right of way, over the trec':.
through the easements retained by CSXT at the hereinabove referenced locatic~.
.
~CR": -:-:5-,]90-223
12/90
Page 2 of 6
2. If the CITY so requests, CSXT shall provide, furnish or have furnished, all
necessary materials required for, and will construct at CITY's expense a Standard
Railroad Crossing Type "R" in accordance with the DEPARTMENT's Standard Index
No. 560 by reference made a part hereof as well as automatic railroad grade crossina
traffic control devices at said location in accordance with (1) the attached ~
detailed statement of the work, plans and specifications; (2) the DEPARTMENT's plans
and Standard Index Number 17882, FHPM 6-6-2-1 and FHPM 1-4-3, as amended, or Rule
14-46.002, F.A.C., as amended, all of which by reference are made a part hereof.
Upon completion of the crossing, CSXT shall be responsible for the maintenance of
said crossing in accordance with the Phase A Agreement. The initial construction
cost shall be paid by the CITY and shall not be paid from the Maintenance Account
established in the Phase A Agreement. After the construction of the crossing is
complete, the CITY shall be responsible for the maintenance cost of the highway
roadbed outside of the railway ties. However, it is expressly understood and agreed
that the CSXT and/or the DEPARTMENT may, at their option and upon notification to the
CITY, perform such periodic maintenance work and bill the CITY directly for costs
thus incurred that are the responsibility of the CITY.
3. The Department, in its discretion may arrange for the synchronization of t~e
railroad crossing devices with existing or proposed highway traffic control devices
at N/A , and attendant installation of "N/A . None of the
parties shall disconnect the interconnection circuit or change or cause to be changed
the signal sequence without prior notice to the other. Each party shall maintain its
respective devices, from the point of the junction box as provided for the
interconnect cable.
4 . Work contemplated hereunder shall at all times be subject to the approvals
and notice provisions of the Phase A Agre~ment.
5. The CITY will reimburse CSXT for the cost of watchman or flagging service
when the CITY's contractor is performing work in the State's Rail Corridor or on CSX~
Property. Such costs shall be accrued and billed directly to the CITY.
6. (a) The contractor performing the construction for the CITY shall be
reqUired to furnish Railroad Protective Liability Insurance naming CSXT
and the DEPARTMENT as Named Insureds, in a combined amount of at least
Two Million Dollars ($2,000,000.00) per occurrence, for all personal
injuries, death, or property damage, subject to an aggregate limit of
Six Million Dollars ($6,000,000.00) per annual policy period. Said
policy shall be written on the ISO/RIMA Form (ISO Form OG-OO-35, or
current form, with Pollution Exclusion Amendment Endorsement ISO No.
CG-28-31) . CITY OR Contractor shall submit the origianl policy to CSXT
and shall obtain CSXT's approval prior to commencing operations.
?OR:\: -:-:5 -C90-2 22-
12/90
Page 3 f'"\F 6
~-
(b) The contractor shall furnish a Certificate of Insurance to the
DEPARTMENT showing that the contractor carries Contractors Public
Liability and Property Damage Insurance (applicable to the job in
question) in the amount of Two Million Dollars ($2,000,000.00) at a
minimum, for all personal injuries, death, or property damage, per
occurrence arising during the policy period. Such insurance is to
conform with the requirements of the u.S. Department of Transportation,
Federal Highway Administration, Federal-Aid Highway Program Manual,
Volume 6, Chapter 6, Section 2, Subsection 2, Transmittal 350 dated
October 1, 1982, and any supplements thereto or revisions thereof.
7. The CITY shall bear the cost of relocation of any utility (wire or pipe l:~e)
or communication line relocated as a result of the construciton contemplated herein,
unless the original agreement creating the occupation of such utility or
communication line requires the utility or communication line company to relocate
said line. CSXT agrees hereby to assist the CITY in the enforcement nf such origir.al
agreement, if so requested.
8. CSXT hereby agrees to install and/or adjust any necessary parts of
DEPARTMENT's facilities or equipment along said road in accordance with the
provisions set forth in the DEPARTMENT Rule 014-46.002 "Responsibility for the Cost
of Railroad/Highway Crossings", Florida Administrative Code, dated February 3, 1971,
as amended, and Federal Highway Administration Federal Aid Highway Program Manual
Volume 1, Chapter 4, Section 3, dated August 5, 1988: and Volume 6, Chapter 6,
Section 2, Subsection 1, dated April 24, 1984, and any supplements thereto or
revisions thereof, which, by reference hereto, are made a part hereof. CSXT furth~r
agrees to do all of such work with its own forces or by a contractor paid under the
supervision and approval of the CITY.
9. Attached hereto, and by reference made a part hereof, are plans and
specifications of the work to be performed by CSXT pursuant to the terms -hereof, and
an estimate of the cost thereof in the amount of $ 255,950.00 . All work
performed by CSXT pursuant hereto, shall be performed according to these plans and
specifications as approved by the DEPARTMENT and the CITY, and all subsequent plan
changes shall likewise be approved by the DEPARTMENT and the CITY.
10. All labor, services, materials and equipment furnished by CSXT in carrying
out the work to be performed hereunder shall be billed by CSXT directly to the CI~{.
Separate records as to the costs of contract bid items and force account items
performed for CSXT shall also be furnished by CSXT to the CITY.
11. The parties agree that fifty percent (50%) of the cost for the operation and
maintenance of the automatic highway grade crossing traffic control devices by CSXT
shall be borne by the CITY and fifty percent (50%) shall be paid pursuant to the
Phase A Agreement, all in accordance with the attached Schedule of Annual Cost of
Automatic Highway Grade Crossing Devices, said schedule being subject to future
revision by the DEPARTMENT.
12. Unless otherwise agreed upon herein, the CITY agrees to insure that at ~~~
crossing the advance warning signs and railroad crossing pavement markings wil:
'.
FCR~ 725-090-58a
12/90
Page 4 of 6
conform to the MUTCD within thirty (30) days of notification that the railroad signal
improvements have been completed an that such signs and pavement markings will be
continually maintained at an acceptable level as determined by the DEPARTMENT.
13. CSXT has determined that the method to be used in developing the relocation
or installation cost shall be as specified for the method checked and described
hereinafter:
(a) Actual and related indirect costs accumulated in accordance \vith a work
- order accounting procedure prescribed by the applicable Federal or State
regulatory body.
-XX.(b) Actual and related indirect costs accumulated in accordance with an
established accounting procedure developed by CSXT and approved by the
CITY.
(c) An agreed lump sum S , as supported by a detail analysis of
- estimated cost attached hereto. (Note: This method is not applicable
where the estimated cost of the proposed adjustment exceeds $100,000.00.)
14. If the DEPARTMENT and CSXT concur that an upgrading and/or betterment of the
crossing beyond that contemplated in this agreement is desirable, then any cost
associated with such upgrading or betterment shall be paid from the Maintenance
account prOVided for in the Phase A Agreement. If the CITY wishes to upgrade and/or
better the crossing, such upgrade or betterment shall be paid for by the CITY.
15. All salvage value of materials resulting from the work contemplated herein
shall be subject to the salvage provisions of the Phase A Agreement.
16. ( a) If methods (a) or (b) in Section 13 above are indicated, within one
hundred eighty (180) days after completion of the work, CSXT shall
furnish the CITY with two (2) copies of its final and complete billing
of all costs incurred in connection with the work performed hereunder,
such statement to follow as closely as possible the order of the items
contained in the estimate attached hereto. The totals for labor,
overhead, travel expense, transportation, equipment, material and
supplies, handling costs and other services shall be shown in such a
manner as will permit ready comparison with the approved plans and
estimates. Materials shall be itemized where they represent major
components of cost in the relocation following the pattern set out in
the approved estimate as closely as possible.
(b) The final billing, or the estimate when a Lump Sum estimate is approved
by the CITY, as in method (c) in Section 13, shall also show the
description and site of the Project; the date on which the first work
was performed, or, if preliminary engineering or right-of-way items are
involved, the date on which the earliest item of billed expense was
incurred; the date on which the last work was performed or the last item
of billed expense was incurred and the location where the records and
accounts billed can be audited. Adequate reference shall be made in t~e
?~P~~ -:5-090-25a
::/90
pase 5 of 6
billing to CSXT's records, accounts and other relevant documents. All
cost records and accounts shall be subject to audit by a representative
of the CITY. Upon receipt of invoices prepared in accordance with the
provisions of the above indicated Reimbursement Policy, the CITY agrees
to reimburse CSXT in the amount of such actual costs or Lump Sum as
approved by the CITY's auditor.
17. Should said crossing be abandoned, the DEPARTI1ENT may, at its sole
discretion, remove said crossing or otherwise control or use said crossing as t~e
DEPARTMENT desires.
18. ~~1/~~~/~~~/q11Y/qQV~q~~/~~/~g~~q~~~/~~~r11111/}9~991Y/1~~/11Y1YtffY/
10d~~ifY/~~~/~~1~/~~~!~~~/~~~/~~/~~~/g~/~g~/9~~~1~~~1/1;1111'~/
4~~0t$I/~~~/~m~l~Y~~$/'t~/9qy/q~9~1/~9~~I/~~9gq'199~~/991V9~/9V/~1~1~11/111~1~~/
~~t/~t/~~y/4itl/~itt~~I/~~qf~~II~~~~~~/9V/~q~9Y~Y/~~1/~~4'~t/~~~/~11Y/~~lt~~/1~e
~4tt~tm40i~/~f/t~~/i~~~t~q~/~~~~~/~y~qq~/9V/yg~y.g~9~1/999/~9~?~~t/t~/~~t/~~t~~n/~t
#i~~4tit/i~/~~li~/t~~/~iV~/q~/~qf4n1q~~Y~~ft19Y/~q/~~9j~~//~~1,~~/~~~,/~,j1~"
q~~~//i~4/dt1YI/~0f/~~Y/~f/~~I~/~q~~~qq~q~~P1Y~~/~q/~1~911/~~911/~~j'/'~11~~/t~T/
dimi~4i/4tlif0~/0~t/~f/i~1~ty/qif/q~qg~/~q~~~qq~/9~/P19~1~Y/91111~fY/1~~1'~/~1/
t4iitif0~/tt~m/t~~/$~1~/~~qftg~qq~/qQ/~~~/91/~9Y/9V/1~~/~11j1"'I/~~'~1'
~t/4m~t~t44il
19. SPECIAL PROVISIONS
1. Paragraph 18 deleted by all parties prior to execution.
2. Upon execution of this Agreement, this will become the Agreement of
Record.
Qd
City of Delray Beach 'C:'r.X ~,V\~N:g~l~ ElTGR. FOOT Approval Signature
Approval Signature .\iUBLIC & PASSENGER PROJECTS
.
?OR."1 7:5-'J90-:La
12/90
Page 6 of 6
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
executed by their duly authorized officers, and their official seals hereto affixed,
the day and year above written.
Sf ATE OF FLORIDA
DEPAR'I'MENl' OF' TRANSPORTATION
BY: (SEAL)
ATI'EST:
Secretary
CSX TRANSPORTATION, INC.
BY. e ~ (SEAL)
~ -
TITLE: ck..;'~~~
.~r'- ----- -.-':, r......--'...-.-- -~,..---. -~,
:v~\.,_.._--_ ,-.-.- -1-----_c _~~__ __._._,~
CITY OF' Delray Beach , FLORIDA
BY:
A'ITEST:
Clerk
Approved a to Form, Approved as to Form,
Legality and Execution Legality and Execution
By: By: ~~
Attorney FOOT Davld N. Tolces
, Assistant City Attorney
Date:
> ~ . -". ~'_._-"'--"~-
COST ESTIMATE
RE: Section No.: 93000- W.P.I. No. : N/A
Road No.: SW 10th Street Parcel l(X & S R)
R.R. M.P.: SX 988.52 County: Palm Beach
Crossing No.: 528159-H F.A.P. No. : N/A
This estimate was prepared by E.F. Radson, District IV Railroad Coordinator,
Florida Department of Transportation for the above project.
.5W 10 -1-1. stt~ei
Estimated thirty (30) days of Railroad Flagging Protection at ~Q"~'~as B e.
co--. . ~
Estimated cost of work for flagging protection listed below: 7/14/ ~I-.
1- Railroad Flagging Service for 30 days at $300.00 a day,
total cost of flagging protection is $ 9,000.00
2. 2 Each 30 FT 4 IN Gates 25,000.00 Each $ 50,000.00
3. 2 Each 24 FT 4 IN Cantilevers 45,000.00 Each $ 90,000.00
4. 2 Each 10 LF pedestrian gates 15,000.00 Each $ 30,000.00
5. 81 LF of Type "R" Full Depth Crossing Surface 950/LF $ 76.950.00
TOTAL $255,950.00
-,
OFFICE OF PuOUC :FU.NSPOA,TAfiCilo( fU.n...
RAILROAD GRADE CROSSING TRAFFIC CONTROL DEVICES ~1' t,
COUNTY SECTION JOO NUMOER ROAD NAME on NUt.AfJER COUNTY NAME PAnr"L & nfW NUMOEn I FAP NUMOEA
I I I
-
93 000 SW' 10th Street Palm Beach 1(X & S R) N/A i
COMPANY NAME. CSX Transportation, Inc.
A. JOB DESCRIPTION & LOCATION: Roadway Widening
B. TYPE OF ROADWA Y FACILITY: City Collector
C. FDOT/AAR XING NO : 628159-8 RR MILE POST TIE. SX 988.62
D TYPE SIGNALS PROPOSED IV CLASS _ III DOT INDEX: 17882
SCHEDULE OF ANNUAL COST OF AUTOMATIC
HIGHWAY GRADE CROSSING TRAFFIC CONTROL DEVICES
Annual Maintenance Cost Exclusive of Installation
CLASS DESCRIPTION COST"
--
I Flashing Signals - One Track $ 1,404.00
II Flashing Signals - Multiple Tracks $ 1,858.00
III Flashing Signals and Gates - One Track C2,117.00.;J
IV Flashing Signals and Gates - Multiple Tracks $2657.00
"Effective July 1, 1991
AUTHORITY: FLORIDA ADMINISTRATIVE RULE 014.46.002
Responsibility for the Cost of Automatic Highway
Grade Crossing Traftle Control Devices
EFFECTIVE DATE: July 1, 1991
GENERAL AUTHORITY: 334.044 F.S.
SPECIFIC LAW IMPLEMENTED: 335.141 F.S.
.~,--
.'. ':
STATE OF FLORIOA DEPARTMENT OF TRANSPORTATION FORM 725-<190-<19_.
OFFICE OF PUBLIC TRANSPORTATION REPl!'CES 141-33
01/90
WORK DESCRIPTION PAGE t 0/1
GRADE CROSSING TRAFFIC CONTROL DEVICES
COUNTY SECTION JOB NUMBER ROAD NAME OR NUMBER COUNTY NAME PARCEL & R,W NUMBER 1 FAP NUMBER i
93 000 SW 10th Street Palm Beach 1(X & S R) I N/A I
RAILROAD COMPANY
I CSX Transportation, Inc. I
I
A. JOB DESCRIPTION & LOCATION: Roadway Widening
B. TYPE OF ROADWAY FACILITY: City Collector
C. FDOT/AAR XING NO. 628159-8 RR MILE POST TIE: SX 988.62
D. TYPE SIGNALS PROPOSED: IV CLASS: III DOT INDEX NO.: 17882
E. STATUS AND PROPOSAL:
1. EXISTING DEVICES: (See Agreement dated )
a. _ None-New Crossing.
b. _ Crossbuck and Disk.
c. _ Flashing Signals with Disk.
d. _ Flashing Signals with Cantilever.
e. .....xx.- Flashing Signals with Gates.
f. _ Flashing Signals with Cantilever and Gates.
2. PROPOSED DEVICES (Safety Index Rating )
a. _ No revision required.
b. _ Crossbuck and Disk.
c. _ Flashing Signals and Disk.
d. _ Flashing Signals with Cantilever.
e. _ Flashin.g Signals with Gates.
f. ---1QL Flashing Signals with Cantilevers and Gates.
g. _ Relocate existing signal devices:
(1 ) (With-Without) addition of Gates.
(2) xx (w+#rWithout) synchronization with highway traffic signals.
F. COMMUNICATION AND/OR POWER LINE ADJUSTMENTS:
1. _ By Others ( Company)
2. --1QL By Railroad Company.
G. AUTHORITY REQUESTED: (Draft attached: Yes No.)
1 . ~_ Agreement (Third Party Participating City of Delray Beach )
2. _ Supplemental Agreement No.
3. _ Crossing Permit.
4. ~ Estimate for OhangG Order ~Jo. New SOIlt"heast Corridor Agreement
5. _ Letter of Authority.
6. -:-- Letter of Confirmation (No Cost to Department).
H. OTHER REMARKS:
-
.. - ,- -. ..,
Negotiations to be' completed by~ November. 1994
Signal installation. target date: .
Synchroniztion: (Draft, a~tached Ye5 xx No)
621...1
-,
rORM 7:5.080.07 STATE OF 'lomo.&. OEPAnTM(NT or T~ANsponTATtO~
101 .. OFf:ICE Or- PUBLIC TRANSPORT A TION
PAQE: 1 04 I
WORK DESCRIPTION
GRADE CROSSING
NEW OR RECONSTRUCTION
COUNTY SECTION JOB NUMBER ROAD NAME OR NUMBER COUNTY NAME PARCEL <5. RlW NUI.leER FAP'<U.'.18Ei1
:
93 000 SW 10th Street Palm Beach l(X & S R) N/A I
RAILROAD COMPANY
I CSX Transportation, Inc. i
i
A. JOB DESCRIPTION & LOCA TION Roadway \lidening
B TYPE OF ROADWA Y FACILITY City Collector
C. FDOT/AAR XING NO. 628159-H RR MILE POST TIE: SX 988.62
D. TYPE CROSSING PROPOSED: Type "R" Full Depth DOT INDEX: '560
E. STATUS AND PROPOSAL:
1. EXISTING CROSSING: (See Agreement dated )
a. xx To be Improved as permanent public road crossing.
b. To be (used-Improved) for temporary (haul-detour) operation, Pit No.
c. To be relocated (See above for new location) Existing crossing will:
(1 ) remain In place for local use
(2) be abandoned and removed by (State-Railroad) forces.
d. To be eliminated. Remarks
2. NEW CROSSING:
a. xx To be constructed as permanent public road crossing.
b. To be constructed for temporary (haul-detour) operation, Pit No.
c. Relocated from elsewhere (See 1.c. above. Re: Existing Crossing).
d. Requires Public Hearing (State Statute 335.141 & 120.57)
F. VERTICAL ALIGNMENT:
1 . _ Meeting elevation of existing rails.
2. xx Track adjustments necessary. Rails to be (ralsed-luYVcI tH.J) Desiin Plan .f.ee.t .
G. CROSSING PROTECTION: (Signal Sheet attached' Yes No)
H. DRAINAGE ITEMS: (Drainage Sheet attached. Yes No.)
l. COMMUNICATION AND/OR POWER LINE ADJUST~_~ENTS.
1. _ By Others ( Company).
2. ~ By Railroad Company.
J. AUTHORITY REQUESTED: (Draft attached: Yes No)
, . ~ Agreement (Third Party Participating City of Delrav Beach )
2. _ Supplemental Agreement No. _
3. _ Crossing Permit.
4. _ Estimate for New Southeast Corridor Agreement
5. Letter of Authority.
6. _ Letter of Confirmation (No Cost to Department)
K. OTHER REMARKS: Negotiations to be completed by NovemberJ 1994
- - . --- -.
---" -,-
fonM n,-o.O O~
10111 STATE OF HOArOA OEPAATMENTOF TAAN5POATATION
,,,Q( t Q4 1
OFFICE OF PUBLIC TRANSPORT A TION
RAILROAD RELOCATION SCHEDUL~
I --- .---r-----
COUNTY SECTION J08 NUMOER ROAD NAME OR NUMOER COUNTY fJAME pAnCEL .\. rt .,.,' 'J~J'Jorn I rAP .~._,,"JG==."
=-~
93 000 SW 10th Street Palm Beach I l(X & S R) N/A
RAILROAD COMPANY
I CSX Transportation, Inc.
A. Facilities Involved (Detail as to Type and Location): Crossing No. 628159-8; R.R. M.P. SX 988.62
Type IV Class III Railroad Traffic Control Devices
Type "R" Full Depth Crossing Surface
Cantilevers and Pedestrian Gates
B. Relocation Work Anticipated (Describe and Relate to Location on PrOjec:):
C. Anticipated Relocation Schedule (Based on normal and 5-day work week).
ITEM DAYS ESTIMTED
-
Preliminary Engineering
Material Procurement
Right of Way Acquisition
Contract Negotiations (tor railroad installation work)
Other ( 14
Construction (actual railroad relocation time at job site)
ESTIMATED MAXIMUM TOTAL 14 C ::. .~
ADJUSTED RAILROAD RELOCATION PERIOD
(Allow for concurrent activities) ESTIMATED MINIMUM TOTAL r _
'- ~... ~
. See Highway Contract Special Provisivns
D. Special Notations(s) to be included in Highway Contract Special Provisions:
,,<(Jlll-oad Pl-otccti'/e Public Liability and Pi'O[)Cr-t:,' D':m2,;e liJ:,~l~_f r n '=, L; r~ ; ,', \ .
COVf:l-llge Pol icy must conforn:' to pol ~cy fonn cutl ine r.~-=scribea ':;j 'ISo-=-cr.",
~llr-,ln,p "prvlcP O'-Clc1nlzatlon - Ra1lroad Insurar.ce i~anagl:'iler,t
E. I n10 CUMPANY proposes to commence-actual relocation and/or adjustment work: (Ch!:?'=-
one
0 prior to highway contract advertisement, and relocation should be % complete :-.
date of preconstructlon conference.
0 concurrently with project advertisement.
ex concurrently with commmencement of highway construction.
The above date Is based on construction plans and schedules prepared by the DEPARTMENT. and. :r'. .. 1$
furnished for informational purposes only. This COMPANY is not responsible for circumstances beyonC "ell
control. However, the COMPANY will endeavor to fully cooperate with the DEPARTMENT, and Its Ccr" n
clearing the project right of way as expeditiously as possible. The COMPANY'S Field Representatives can t.. . ~
a' Ray TUIU: le Telephone Number: (407) 863-3339
SUBMITTED FOR THE COMPANY BY: Dou~ Cook DATE -----
DEPARTMENTAL APPROVAL BY; Ed Radson D /- - ::
District Railroad Coordlnato'
,
w ~
. -.
l~ . _
Co . __
~~
1~ __
~u
d'/
'..
VV
"t?;??,-- .._._ , .: .
~. --"'. . .
. _oc .~ ~ . ----c-~~~- l.._ ~ . . ~_ \ _ _ .
--rl ./? 0 ~"_. ."._ . ,_. , .' .._.
. . . - . .." ,~ "',::",'t..~ .:..... ,__
. ., . , I" '.,. , . "'" """,
. .. .. , . , . '''. .
. .... ". ,.". , . , . .. .. ~ '. .0. I/)
-; ..~ ~~tr> 'gil6 : ~ w, , : ;...;~~;?)~. ,;'td l..::...~ ,S'2'~ ....
-,,-: .. ~. C.._..-"-,-_ . P'.Of:"' ""'"
. ,\... .. ""'"
u
E~
~ <5
~ ~~
~, $1 0 ~
<J , .2/ < 0
~ " ~ I ~~
z~ ~ :r , ~()
5~ ":s;, ~
l:: Z " . _
;;US ... \r) "" __1"_
.. en -. N
W' 0 .
3 0:: . .
() - .
- - .. ...
- _.
. . . I -
. .
' , ,
\',
. , I
--- --l<>.... i
' " l -
' '- ". ~
. '.-
; ""- ,- -.
' ~
,
,
,
I
,
seE MAP NO'S 78& 79
Palm Ridge S/l.6"'1. 2 Sandpiper Cir ""g~ ~ ~ > 1'(13 C/~ a: Del Y . ....
E rS1vd 3Bluebirdu o 13St \NBE~~~1TJ"" :~4 ~ZRL ;1; '135
4 Flamingo La l ~ -' '" 1 SARACEN CT S 1,01 J1 ~\~ t ~
I' 5 Country ~nors Blvd ~2 q;-RAINS",E. R RY ~:~2: ~~~~~~~~ T R t~ 13 Sf lPAR:t 9~
I c: 6 WhIppoorwill La )~i'~ ~-12 511 · ROMAN TER ~ t; '. 0 r;
- 7Mudowlark La 10 ~"'-'\~g';i;'''l-;- ,y.)f- ; - \ ;z;:; /J
r , 8 Shady La PI3=: 5 ., ~ J....,..,.. :Eo ~
. . 9 Mockingbird La 10 10 t .' .10 St ~ C? 1< N':;: "I ~ i A ~:~
12L ,10Cardinal La e"'~ ~t ir; BAY., .7 Jfffl" ~~ ~. j(g ;!ZI~~
.~ ~ 9 > .. Q ,9 ~ -' .... - _. B1~ re '"
10 St- r\= ~ <( > r--o ell ......1~0 St .~::> Q) n
'7~" St <(.. !'oJ - .. :>. _ ",
St 70 St.-\i: > 'ti~ 9 St" - ~ ~18 l.o> > > ,ii! Z::7. ~ '"
2 G\ (4\.- ~.~ ~'J ~l~ .. ~ >;f'.- \....~ oj, 'fs} ~ ~ R{ ': RRY 10 St)Z Qj I
J ~5'i--> ~';it-, :J Cr~ C"') 8 St N":\ M en >I......h ~ ~ r- .. -! .-'c. ~ ,Q:
r& c9 'arwic~~-~ ~;r ~ 111~ C"') M1 ~..., &:@ ~'- \~P7. ;:)..N I~ NW-9 ..4 ~~ 11
8 0 Park I 0 :J C N~ ~ 7 I N ST ....\J.. N '<..... \.;...,,: --/......" ~ .. ~
7 I- 9 0 'iiF:.i!~ __c:pl ~ r Ct 2,: ,. A ~I:. ia A Ct ~ B~~ef('lQ'" i~ r--
n ;t ~ ~t Ave Montresor Ave Villa}.dry -c, Analer Dr ;:;'Anallll' ,,7 a". " O/~ ~
t .. ~ - ~ ~ C t ~ ' / ~.r ~-l"... '(
~ 0 s 5 ... g ~ Ch PI Valencay - ~ ~ Dolohin:. ~ Dolphin () Lake ~ l.
~ ~ 5 Ltl ~1C1 ~ E \e~ '!. . ~ Q.. ... c.: Dr;- ~ ,;-..... ~ 61 , ~ c~
ffl,Ct ~ .~ve e ~~/vd : IChatef3';s.:'t.... ~ Cortez .~J-_ 5: ~lb C.~r ()~ 0- PI Ida "IE
..,. " .;:._ c:.~ e,. ~ L ':! c.:"O e~ aza /,
'5 ..,. St -..., ir~;n- iil~- - Dr ,all j a Dorson.o t ~ Way (~ -- - ,
NW '4 St . _4J u.; I ~ : . =:
- Q.. <( ....
r ~ 3 Ct ~ \J\\..\..AGE OR ./ : N OHigh Point Blvd Bishop D~ 9 [' 37:::-:. r~
t Lake Orr:c~ ~ - JIr ceO" r ~I~"'.!...tt...t.!.g
- North "Or II '0'0 j 8r-: c::
Ct; *I.=J 3 St T I Ci:. W E 0 Q., Q., .. ~ Poinsettia Blvd OR '1 C -S Prom~;:;
St <( W High P im Blvd CircleTer Or CircleTer ~ ~T~r;s ii5 ~ CAROL' KROl - i NW 51
Q "i1 '! e ceo >- ~ Orw::J l1~utll 0 0 IWYI
Ltl NW $t C '0 ~ '0 ~'o ~ ~ South 0 Or CJ ~ w Dr cr cr ..'~ D ~ E
- '7:::::..J c Q.,:: Q., :: Q., 2 ~J ~lj ~ ' N High Point Ambrose ~ 'fI w <(
.J:, .J:, .J:, U 0 0 .- CJ 1 Dr 2 ST >
'tl Bradv Blvd ]' '--~ .g.:: .J:, U:: ll's;;;h Ie ~ Blvd c __. ~ _ c:(
a: .J.. ~ ~ -; u 0 T ,- _ .- II --... ----'.
Barrett St - -r i : r er ~ a1High ~ . l,.;\.... >
~ Frances Dr .~ Point Dr .;, I ' 'T'nJ..Railt 2 > ~ <l
.c >:/ ... ~ High :i · I J . ..J ,~w <(
ri' EJlwnod Dr 3 ~ a: ] z P . t 0 z 18. -. / . ~ 0 ~~ ~ '"
:;; F d'\ Maurice g' Dr <( Hc:"np.r III ~.-... n Arilt,rak/ <(~ z ~
'" c:J ranwoo 1- , .gh Oint /1 . Sta. '" .... ~
~ 'la Dr ::.:: _W====J r,Blvd / I L. ~ rt.. _W~
z ~ z J:A.. . ;t. ."', ~ __
a. w "ine Grove Dr -:- >HlglY PO'"t~ :tI I ti P~lInt NW 1 St '" RAOONCN sea ~ w u..
:> W' ~ ~ > .. <( I W Ct --.=. .- > (;t I . w >
~ 0 a: ~1i;~rr5.0 0 c5 WINOYCREEK lA JJ~; High Point~ Q.,ii5-.~i9h Point ri~ Wy > > <( ~
a: 0'" Q ..,... 3 sr _ <( <(
W c.:l Q ZW e: ~ : .:....::.:.~~ ITer Q., ~ Ter .. I"') a .
~ ~~ :l~~~.a 33445 ~I~~~ i.~ ]~s ~ rv ~'o{i Ltl M
i!i; Greep"p.f\ar ~ E .1 ST .. ~ ~ Q., CZlJ: 806 S\\o9~~ I........
:;!If:~ Dr - W ""'~~ OR
r ...~.. ~ n ,"" AN8RES
> Q r. - - - -"".. J )1:-- OR CW 21 S~!~ l~. . >.~ ...,f ~) WY I
· W -E ( II: ~ '. . ~-..;:.: ,:> ~ ~ ....
.. " .."::,1;".... .- ~ . _. _ Q .....,...7 r~ '. . ....~..... .. .> .- V) _
.2 a:::t! ~. ~~!~ -i 0 t! j". .J?2) Q I . :~1 N St I').?,{. 'Y:;'; . '. ,%(1d) __., leIl " SW :;
I -... 0 \~ ;' J CT > I ... \Q IJjiJ ;.. .::: "I ~~ Palm Beach .
FO,BE_ e"rWDod."':}1I: O. "c;~ .. . ~ ~ c:( I~ : N I f~A'.... ..... . . "~I o~f- Countyl 3 ~ f. 901 _
~ . .,......!t _ ..,0 .J ~ ,='"' C(,-~ ,~~ . ,(.) . I _ C
" ""'!.':€d". .... i~j;' ,,) ~ ~':Sw4 ~~I.it:'~E " . 18 8 Ci'2!fhou", . 4.T v
.; ~ ~;~~? ~ \~~.it - - a _ NI~r~ ell r:r:~~au ,~ ~_r Annex ~ ~~
. ~ ~~J , ~ ~;l~cn c~ ): .. - / ~ ... <( ~ I
. .- ~I ~_~ ~.. ~ ell : St .. .. '=H!It:!lanCl " 3=: Ltl ell
----"'-R - , t:".. Q _.. Vi....
, . ! f... ~ ~_ . lAK ~. . r:- .! 't:Z' SW 6 ~_~~kco ,.,.1 OMMERCE I SW I 6 51
... f' n'; -:-:1' tu1!D^EMJ."K\r~I~~ii...._.'- 7--.11,' DR .
; Q ~ - --- '"'' . II: Ii'.... I I ';::" -o.!' - I v. :, ijiffIJ. .;;,~
. .. ~~-., - ."." iUJ="'=.'~-. .'~ . .. ~ 95 1. r.;;,~.;
.... ~ 'w ';;' ~~~. _ CASAO w~ ~~. '. -- - -.-~I. 7 U
(;jj ~~. . 1\\)((\ . . ~ a: ... " . ~. ....;. I W ..
. 0 .;.~~ ~,cpG~'f'.'i\ --tt~. CASITA ..'H'f.' ....'1-'. ~~~'-":.L. >~ ~
- - ~ ;,...--- (fI& I re I I Ill" ~ "" ~ N <( I SW 8
..-' ~ C\ . ^ ~~ I "" I ,,> > >
l' ~ ';'.., .. 00' "! ..~~,.." 6 FIORII' .... CJ..R_ _ t. . . . :'. :'1_ - ~ ~ c:( <( <(
.",,'<1 ""It,1!' ^ -'~ _ I. 0' Z I .wv' '. :... ?:I:::l -- ell C"') ('<oj
!fI, ~C::t., ~ ---. 9 ..-. . H~ ~
~ .-. '" '"' - "iiiP- '-1 · ~ - -~,. ,,-,, '.' ell. ~..- -
... -4........ 0 . ' c. . - --._- ---- '.
~." ulzAi'WY :: ~
7ffij~ -. I .. ..
~~ ' ~. ~
- ~ t . .~ _' i I DIlL.AIlIE. W 0 ~> - ~'O Ct.. Ill.... ;~ .'2f
~ SHERWOOD c: ;-J BLVD ~~tL.;~ii5 >~l.J{1 zatW'~ ~,: I ~-3r
c :: ~ i .. eo~i ..:'\ . I~" "'ll:;f SHADy' I,... ~ 1;.f2!!:t
~ LAKEVIEW ~ BLVD ~ N ~- I ~~:\ 11 Ct' ; ~r
::l t.~=": '. . . '.:.. ~" l~~ l~ - -r/ f;?I;~nD" a.iiii'oll ~... 01 ..:~~ - ~,sw 12 Ct ,:,... ~ G
-~ 'L,,~EVIEW""'----D .' i ~ ct7 1110 n....1CUI r"'A~A (:: t::: 1:1 St .(J ---'= .
- - - - -" ;r Q Q !l uvo ~ '" : .:a. _ a..>>
.- a:::IMPERIAL~ tC g ~.... ~ ~13 CtN! I C'IJ ~~ICC:(
VILLAS 1Il:J 0 a::: :;;~ jfi~ 4 St _ t' ~ MilfrecL~ St
AA8dvWoOds '_ ~3~-1 _ i ~ Q 5~C !'" r:;/':-'".ne Ct ~~ ~ c:J_
,
,.-
e'-
.1
--
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER fJ/<1
SUBJECT: AGENDA ITEM # &'D - MEETING OF AUGUST 16. 1994
RESOLUTION NO. 64-94
DATE: AUGUST 12, 1994
This is a resolution assessing costs for abatement action
required to demolish an unsafe building on property located at
617 N.W. First Street. 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 $2,502.50 remains
unpaid.
Recommend approval of Resolution No. 64-94 assessing costs to
board up an unsafe building located on property at 617 N.W. First
Street.
,
RESOLUTION NO. 64 - 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
I 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
I 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
i that the building was manifestly unsafe and is considered a hazard to
I life and public welfare pursuant to Article 7.8 of the Land Development
I Regulations, describing the nature of the violations and sent notices
I 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 wi thin 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,
,
--r
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,
i pursuant to Section 7.8.11 of the Land Development Regulations of the
i 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,
1 WHEREAS, the City Commission of the City of Delray Beach,
I
pursuant to Article 7.8 of the Land Development Regulations desires to
assess the cost of said condition against said property owner(s) .
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That assessments in the amount of
as shown by
the report of the City Manager of the City of Delray a copy of which is
attached hereto and made a part hereof, are hereby levied against the
parcel(s) of land described in said report and in the amount(s) indi-
cated thereon. Said assessments so levied shall, if not paid within
! thirty (30) days after mailing of the notice described in Section 7.8.11
become a lien upon the respective lots and parcel(s) of land described
in said report, of the same nature and to the same extent as the lien
for general city taxes and shall be collectible in the same manner and
with the same penalties and under the same provisions as to sale and
foreclosure as City taxes are collectible.
Section 2. That such assessments shall be legal, valid and
binding obligations upon the property against which said assessments are
levied.
Section 3. That the City Clerk of the City of Delray Beach is
hereby directed to immediately mail by certified mail, postage prepaid, I
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% ) I
per annum, plus reasonable attorney's fees and other costs of collecting I
said sums.
- 2 - Res. No. 64-94
,
.
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
I collection.
i
I Section 5. That in the that has been
I event payment not re-
ceived by the City Clerk within thirty (30) days after the mailing date
i of the notice of assessment, the City Clerk is hereby directed to record
I
I 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
I subject property which shall secure the cost of abatement, interest at
I the rate of 6%, and collection costs including a reasonable attorney's
I fee.
I PASSED AND ADOPTED in regular session on this the day
of , 1994.
i
I
I
I
I MAYOR
ATTEST:
I
I
I City Clerk
!
I
I
I
i
- 3 - Res. No. 64-94
I
,
.
NOTICE OF ASSESSMENT
Date
TO: Lorenzo J. Regina 193 Ramblewood Road, Morrestown, NJ 08057
also
ADDRESS: c/o John Regina, 145 Helious Drive, Jupiter, Fl 33477
PROPERTY: 617 NW 1st Street, Delray Beach, FI 33444
LEGAL DESCRIPTION: E60' of WI22.3' of S93' of S~ of Block 11, 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 $2,502.~0 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 3/29/94
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 6-25-94
at a cost of $2,502.50 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 Buildtng Official.
BY ORDER OF TilE CITY COMMISSION.
City Clerk
\
.
,.
.
(/\
fl~ 1
[ITY DF DELIAY BEA[H .,
CITY AnORNEY'S OFFICE 200 NW 1st AVENUE. DELRAY BEACH, FLORIDA 33444
FACSIMILE 407/278-4755 Wr.1.ter'. D.1.rect 1..1.ne
DELRA Y BEACH (407) 243-7090
. lOR I D A
.......
All-America City
l' II I! MEMORANDUM
Date: August 9, 1994
I qq {
To: City Commission Assistant City Attorne~
From: David N. Tolces,
Subject: Purchase of Parcel from Lori J. Durante
Approval of this resolution will authorize the City to
acquire the property described in the resolution. The
purchase price is $8,500.00. The property is located at the
corner of N.W. 2nd Street and N.W. 9th Avenue. A copy of
the purchase contract is also provided.
Please call if you have any questions.
DNT:smk
,
Attachment
cc: David Harden, City Manager
Lula Butler, Director of Community Improvement
Sharon Morgan, City Clerk's Office
durante4.dnt
@~.. - ~ ~E
~. :,... ~."" - -.:. ~.. '-'p- :J"e'
. --, . - . . '- ~ -- - ~
,
.
RESOLUTION NO. 65-94
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO
PURCHASE FROM SELLER CERTAIN REAL PROPERTY IN PALM
BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY
INCORPORATING AND ACCEPTING THE CONTRACT STATING THE
TERMS AND CONDITIONS FOR THE SALE AND PURCHASE
BETWEEN THE SELLERS AND THE CITY OF DELRAY BEACH,
FLORIDA.
WHEREAS, the City of Delray Beach, Florida, wishes to acquire
certain vacant property located on N.W. 9th Avenue to provide for
housing pursuant to the State Housing Initiative Program ("SHIP"); and
WHEREAS, the Sellers hereinafter named desire to sell the
property hereinafter described to the City of Delray Beach Florida; and
WHEREAS, it is in the best interest of the City of Delray
Beach, Florida, to purchase said property for the purpose described
above.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray
Beach, Florida, as Buyer, hereby agrees to purchase from Lori J.
Durante, as Seller, land to provide for affordable housing opportunities
for low. income individuals, for the purchase price of Eight Thousand
Five Hundred and 00/100 Dollars ($8,500.00), and other good and valuable
consideration; said parcel being more particularly described as follows:
Lot 24, Block A, WEST SIDE HEIGHTS, according to the
plat thereof on file in the office of the Clerk of
the Circuit Court in and for Palm Beach County,
Florida, recorded in Plat Book 13, Page 61.
Section 2. That the costs of closing and transactions, title
insurance, document preparation and attorney's fees shall be borne by
the City of Delray Beach, Florida.
Section 3 . That the terms and conditions contained in the
contract for sale and purchase and addenda thereto between the City of
Delray Beach, Florida, and the Sellers as hereinabove named are
incorporated herein.
,
PASSED AND ADOPTED in regular session on the day of
, 1994.
MAY 0 R
ATTEST:
City Clerk
2 Res. No.
.
CONTRACT FOR SALE AND PURCHASE
LORI J. DURANTE, ("Seller"), of Delray Beach, Florida, and
CITY OF DELRAY BEACH, a Florida municipal corporation,
("Buyer") , hereby agree that the Seller shall sell and the
Buyer shall buy the following real property ( "Real Property" )
upon the following terms and conditions:
I. DESCRIPTION:
Lot 24, Block A, WEST SIDE HEIGHTS, according to the Plat
thereof on file in the office of the Clerk of the Circuit
Court in and for Palm Beach County, Florida, recorded in
Plat Book 13, Page 61.
II. PURCHASE PRICE . . . . . . . . . . . . . . . $ 8,500.00
less any unpaid liens or taxes.
III. TIME FOR ACCEPTANCE; EFFECTIVE DATE: If this offer is not
executed by and delivered to all parties OR FACT OF EXECUTION
communicated in writing between the parties on or before August
31, 1994. The date of this Contract ("Effective Date") will be
the date when the last one of the Buyer and the Seller has
signed this offer.
IV. TITLE EVIDENCE: At least 7 days before closing date,
Buyer shall obtain a title insurance commitment.
V. CLOSING DATE: This transaction shall be closed and the
deed and other closing papers delivered on or before September
30, 1994, unless extended by other provisions of Contract.
VI. RESTRICTIONS; EASEMENTS; LIMITATIONS: ' Buyer shall take
title subject to: zoning, restrictions, prohibitions and other
requirements imposed by governmental authority; restrictions
and matters appearing on the plat or otherwise common to the
subdivision; public utility easements of record (easements are
to be located contiguous to Real Property lines and not more
than 10 feet in width as to the rear or front lines and 7 !
feet in width as to the side lines, unless otherwise specified
herein) ; assumed mortgages and purchase money mortgages, if
any; provided, that there exists at closing no violation of the
foregoing and none of them prevents the use of Real Property
for residential purpose.
VII. OCCUPANCY: Seller warrants that there are no parties in
occupancy other than Seller; bit of Property is intended to be
rented or occupied beyond closing, the fact and terms thereof
shall be stated herein, and the tenant(s) or occupants dis-
closed pursuant to Standard D. Seller agrees to deliver
occupancy of Property at time of closing unless otherwise
"
stated herein. If occupancy is to be delivered before closing,
Buyer assumes all risk of loss to Property from date of --
occupancy, shall be responsible and liable for maintenance from
that date, and shall be deemed to have accepted Property in
their existing condition as of time of taking occupancy unless
otherwise stated herein or in a separate writing.
VIII. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or
handwritten provisions shall control all printed provisions of
Contract in conflict with them.
IX. ASSIGNABILITY: Buyer may not assign Contract.
STANDARDS FOR REAL ESTATE TRANSACTIONS
A. Evidence of Title: A title insurance commitment
issued by a Florida licensed title insurer agreeing to issue to
Buyer, upon recording of the deed to Buyer, an owner's policy
of title insurance in the amount of the purchase price,
insuring Buyer's title to real property, subject only to liens,
encumbrances, exceptions or qualification set forth in this
agreement and those which shall be discharged by Seller at or
before closing. Seller shall convey a marketable title subject
only to liens, encumbrances, exceptions or qualifications set
forth in this agreement and those which shall be discharged by
Seller at or before closing. Marketable title shall be deter-
mined according to applicable title standards adopted by
authority of The Florida Bar and in accordance with law. If
title is found defective, Buyer shall notify Seller in writing
specifying defect(s). If the defect(s) render title unmarket-
able, Seller will have one hundred twenty (120) days from
receipt of notice within which to remove the defect(s), failing
which Buyer shall have the option of either accepting the title
as it then is or demanding a refund of deposit(s) paid which
shall immediately be returned to Buyer; thereupon Buyer and
Seller shall release one another of all further obligations
under the agreement. Seller will, if title is found unmarket-
able, use diligent effort to correct defect(s) in title within
the time provided therefor, .including the bringing of necessary
suits.
B. Survey: Buyer, at Buyer's expense, within time
allowed to deliver evidence of title and to examine same, may
have real property surveyed and certified by a registered
Florida surveyor. If survey shows encroachment on real
property or that improvements located on real property encroach
on setback lines, easements, lands of others, or violate any
restrictions, agreement covenants or applicable governmental
regulation, the same shall constitute a title defect.
c. Ingress and Egress: Seller warrants and repre-
sents that there is ingress and egress to the real property
-2-
.
sufficient for the intended use as described herein, title to
which is in accordance with Standard A.
D. Leases: Seller shall, not less than fifteen
(15) days before closing, furnish to Buyer copies of all
written leases and estoppel letters from each tenant specifying
the nature and duration of the tenant's occupancy, rental
rates, advanced rent and security deposits paid by tenant. If
Seller is unable to obtain such letter from each tenant, the
same information shall be furnished by Seller to Buyer within
that time period in the form of a Seller's affidavit, and Buyer
may thereafter contact tenants to conf irm such information.
Seller shall, at closing, deliver and assign all original
leases to Buyer.
E. Liens: Seller shall furnish to Buyer at time of
closing an affidavit attesting to the absence, unless otherwise
provided for herein, of any financing statements, claims of
lien or potential lienors known to Seller and further attesting
that there have been no improvements or repairs to property for
ninety (90) days immediately preceding date of closing. If
property has been improved, or repaired within that time,
Seller shall deliver releases or waivers of mechanics' liens
executed by all general contractors, subcontractors, suppliers,
and materialmen in addition to Seller's lien affidavit setting
forth the names of all such general contractors, subcon-
tractors, suppliers and materialmen and further affirming that
all charges for improvements or repairs which could serve as a
basis for a mechanic's line or a claim for damages have been
paid or will be paid at clo~ing.
F. Place of Closing: Closing shall be held in the
county where real property is located, at the office of the
attorney or other closing agent designated by Buyer.
G. Time: Time is of the essence of this agreement.
Time periods herein of less than six (6) days shall in the
computation exclude Saturdays, Sundays and state or national
legal holidays, and any time period provided for herein which
shall end on Saturday, Sunday or legal holiday shall extend to
5:00 p.m. of the next business day.
H. Documents for Closing: Buyer shall furnish
deed, bill of sale, mechanic's lien affidavit, assignments of
leases, tenant and mortgagee estoppel letters, and corrective
instruments. Buyer shall furnish closing statement, mortgage,
mortgage note, security agreement, and financial statements.
I. Expenses: Documentary stamps on the deed and
recording corrective instruments shall be paid by Buyer.
J. Prorations; credits: Taxes, assessments, rent,
interest, insurance and other expenses and revenue of property
shall be prorated through day before closing. Buyer shall have
-3-
.,
the option to taking over any existing policies of insurance,
if assumable, in which event premiums shall be prorated. Cash _.
at closing shall be increased or decreased as may be required
by prorations. Prorations will be made through day prior to
occupancy if occupancy occurs before closing. Advance rent and
security deposits will be credited to Buyer and escrow deposits
held by mortgagee will be credited to Seller. Taxes shall be
prorated based on the current year's tax with due allowance
made for maximum allowable discount, homestead and other
exemptions. If closing occurs at a date when the current
year's milage is not fixed, and current year's assessments is
available, taxes will be prorated based upon such assessment
and the prior year's milage. If current year's assessment is
not available, then taxes will be prorated on the prior year's
tax. If there are completed improvements on real property by
January 1st of year of closing which improvements were not in
existence on January 1st of the prior year then taxes shall be
prorated based upon the prior year's milage and at an equitable
assessment to be agreed upon between the parties, failing
which, request will be made to the County Property Appraiser
for an informal assessment taking into consideration available
exemptions. Any tax proration based on an estimate may, at
request of either Buyer or Seller, be subsequently readjusted
upon receipt of tax bill on condition that a statement to that
effect is in the closing statement.
K. Special Assessment Liens: Certified, confirmed
and ratified special assessment liens as of date of closing
(and not as of Effective Date) are to be paid by Seller.
Pending liens as of date of closing shall be assumed by Buyer.
If the improvement has been substantially completed as of
Effective Date, such pending lien shall be considered as
certified, confirmed or ratified and Seller shall, at closing,
be charged an amount equal to the last estimate of assessment
for the improvement by the public body.
L. Risk of Loss: If the property is damaged by
fire or other casualty before closing and cost of restoration
does not exceed the purchase price of the property so damaged,
cost of restoration shall be an obligation of the Seller and
closing shall proceed pursuant to the term so the agreement
with restoration costs escrowed at closing. If the cost of the
restoration exceeds three percent ( 3%) of the assessed
valuation of the improvements so damaged, Buyer shall have the
option of either taking property as is, together with either
the three percent (3%) or any insurance proceeds payable by
virtue of such loss or damage, or of cancelling the agreement
and receiving return of deposit(s).
M. Failure of Performance: If, for any reason
other than failure of Seller to make Seller's title marketable
after diligent effort, Seller fails, neglects or refuses to
perform this Contract, the Buyer may seek specific performance
or elect to receive the return of Buyer's deposit(s) without
-4-
,
thereby waiving any action for damages resulting from Seller's
breach.
N. Agreement Not Recordable; Persons Bound; Notice:
Neither this agreement nor any notice of it shall be recorded
in any public records. This agreement shall bind and enure to
the benefit of the parties and their successors in interest.
Whenever the context permits, singular shall include plural and
one gender shall include all. Notice given by or to the
attorney for any party shall be as effective as if given by or
to that party.
o. Conveyance: Seller shall convey the property by
way of Warranty Deed subject to an easement for any utilities
that may exist and lie on the property.
P. Other Agreements: No prior or present agree-
ments or representations shall be binding upon Buyer or Seller
unless included in this Contract. No modification or change in
this Contract shall be valid or binding upon the parties unless
in writing and executed by the party or parties intended to be
bound by it.
Q. Warranties: Seller warrants that there are no
facts known to Seller materially affecting the value of the
real property which are not readily observable by Buyer or
which have not been disclosed to Buyer.
BUYER: SELLER:
City of Delray Beach Lori J. Durante
By: By:
Thomas Lynch, Mayor
ATTEST:
City Clerk
Approved as to Form:
City Attorney
State of Florida
County of Palm Beach
The foregoing instrument was acknowledged before me this
_ day of , 1994 by LORI J. DURANTE, who is
-5-
.,
personally known to me or who has produced
-
(type of identification) as
identification.
Signature of Notary Public-
State of Florida
Print, Type or Stamp Name of
Notary Public
-6-
--
,
OAl Y APPRAISAL FIRM, INC.
PLAT MAP
~-E@-E8.... 'I . I'UI~'-' ",
~ , ~ ~: .,~ I R - I A . I I : ,.
... : z :;; . ';, ;: z;: ';;. ';.= I I I .
J,..... , .," j. ., .. ~ .
..' ---ST--" :------. Ir.-u..'
se;'" , J2' "' N. l. I , , I of .t L::::::=:::::M _
I' . , .
QI0 I: : : :1
5.00AC . , , . I I.&J
I' . . >
. ... ~
; . ~
, : : I z @)
QE) ~I: . :1
".'lAC : ~ ' I
. .
, ~ .~ ~ ~ 'TOW OF
.. 11 _'" .. I
ST- ----..~
---,...,. ." I~/.'~'" ~.... ~ ,...., ,....11.. NW
. ;:1 It Z4 ~ ~ I 14 . I" ~: 14.
: PINI' :~~CRE T ': ~ ': ~ 'a I
~:1! - .-- <I - -.;: . . .<:: .<::
;-{I --;: 2 )--:. I ; WE'E S![)E :Ht:.11.:l 1::S';;, t ...
J __
i_SUB ,jI4~ 6\ , , ' . .
--- - _ ~_ .::.L-__ .
. : .... ".". · ",' ., .".: I t----<A)---: :.;---<e>-71 3 @
1.IT3STT.",. ,
17-46 3 1 . , . . I
.c Q' .' .', (I ':I
YIoHIClJ(N$ - I ': ':, ~. - "-
:: sualZ.'. = . . . \,. ~ ~
': pr : ....Il IS,; ; .....Il. IJ . . z z
I J ,.... =-= - =:::!..J.& NW '. H
:\.. J' 1) 'I'. S I .". II. t."~ I . 11" .....JI "'.. .. ,,,. 1Il'4 .". c.. ".,a-. -llt- - -
. ... Z1 .. 1 '. . I 01' t4 . . I II . B' m' .... ",I""
I : -I( . ,I"" I rc 1.:1 : I ': II '. ~ a II ":: + R E.l ~ s us
. , . '~~'Z-:---<~'I r ,. ..-:
; . zeD .. = 1%
I . .... - . , , . =Z6 .w. ~
I {.J - \:. U t. It l l
. ..'" .,: II .'.' II .' I ~ . " (14. 11
I : . ': ....'11/'..... ., "~l ....,; 17" -"f .
~"I'" "il'..
o '~, I R ~I
I ,. . Z .' W_N's "'."01 'I
~. ~'''1J I Il......ir...illf.: 11 z,..!~ . S~(Z:.~'I ~ ~ 1====\9= ===<f!)
I 'II! JTJ, 0~ ~'.1 .. uf -::IN . ....
.. ,. .. M .... ~ S4 .1 I' ~ .. ..LJ". .. .. .. 0" ., .,1.. ..'~t ,.
---.lZ.~'I-1:...._ __ ,_ _ __ __
: I
....
...
t
N
1
,
.
. '-1\
tl~ I
I
EITY DF DELIAY BEAEH
CITY AnORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444
FACSIMILE 407/278-4755 Wr~~_r.. D~r_c~ L~n_
DELRAY BEACH (407) 243-7090
' I 0 . I D "
~
Al~lmerica City
1 , III! MEMORANDUM
I qq~ Date: August 9, 1994 .
To: City Commission Assistant City Attorne~
From: David N. Tolces,
Subject: Purchase of Parcel from Regenia and Larry Scott
Approval of this resolution will authorize City staff to
acquire the property described in the resolution. The
purchase price is $8,000.00. The property is located at the
corner of N.W. 2nd Street and N.W. 10th Avenue. A copy of
the purchase contract is also provided.
Please call if you have any questions.
DNT:smk
Attachment
cc: David Harden, City Manager
Lula Butler, Director of Community Improvement
Sharon Morgan, City Clerk's Office
scott1.dnt
@ p^'-:e,c ^ '0".,.".,,:, "2:0, ?F
RESOLUTION NO. 66-94
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO
PURCHASE FROM SELLER CERTAIN REAL PROPERTY IN PALM
BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY
INCORPORATING AND ACCEPTING THE CONTRACT STATING THE
TERMS AND CONDITIONS FOR THE SALE AND PURCHASE
BETWEEN THE SELLERS AND THE CITY OF DELRAY BEACH,
FLORIDA.
WHEREAS, the City of Delray Beach, Florida, wishes to acquire
certain vacant property located on N.W. 10th Avenue to provide for
housing pursuant to the State Housing Initiative Program ("SHIP"); and
WHEREAS, the Sellers hereinafter named desire to sell the
property hereinafter described to the City of Delray Beach Florida; and
WHEREAS, it is in the best interest of the City of Delray
Beach, Florida, to purchase said property for the purpose described
above.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section l. That the City Commission of the City of Delray
Beach, Florida, as Buyer, hereby agrees to purchase from Larry A. Scott
and Regenia H. Scott, as Sellers, land to provide for affordable housing
opportun,i ties for low income individuals, for the purchase price of
Eight Thousand Hundred and 00/100 Dollars ($8,000.00), and other good
and valuable consideration; said parcel being more particularly
described as follows:
The North 50 feet of Lot 1, Block A, WEST SIDE
HEIGHTS, according to the plat thereof on file in
the office of the Clerk of the Circuit Court in and
for Palm Beach County, Florida, recorded in Plat
Book 13, Page 61.
Section 2. That the costs of closing and transactions, title
insurance, document preparation and attorney's fees shall be borne by
the City of Delray Beach, Florida.
Section 3 . That the terms and conditions contained in the
contract for sale and purchase and addenda thereto between the City of
Delray Beach, Florida, and the Sellers as hereinabove named are
incorporated herein.
"
PASSED AND ADOPTED in regular session on the day of
, 1994.
MAY 0 R
ATTEST:
City Clerk
2 Res. No.
CONTRACT FOR SALE AND PURCHASE
LARRY A. SCOTT, and REGENIA H. SCOTT ("Seller"), of Delray
Beach, Florida, and CITY OF DELRAY BEACH, a Florida municipal
corporation, ("Buyer"), hereby agree that the Seller shall sell
and the Buyer shall buy the following real property ("Real
Property" ) upon the following terms and conditions:
I. DESCRIPTION:
The North 50 feet of Lot 1, Block A, WEST SIDE HEIGHTS,
according to the Plat thereof on file in the office of the
Clerk of the' Circuit Court in and for Palm Beach County,
Florida, recorded in Plat Book 13, Page 61.
II. PURCHASE PRICE . . . . . . . . . . . . . . . . $ 8,000.00
less any unpaid liens or taxes.
III. TIME FOR ACCEPTANCE; EFFECTIVE DATE: If this offer is not
executed by and delivered to all parties OR FACT OF EXECUTION
communicated in writing between the parties on or before August
31, 1994. The date of this Contract ("Effective Date") will be
the date when the last one of the Buyer and the Seller has
signed this offer.
IV. TITLE EVIDENCE: At least 7 days before closing date,
Buyer shall obtain a title insurance commitment.
V. CLOSING DATE: This transaction shall be closed and the
deed and other closing papers delivered on or before September
30, 1994, unless extended by other provisions of Contract.
VI. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take
title subject to: zoning, restrictions, prohibitions and other
requirements imposed by governmental authority; restrictions
and matters appearing on the plat or otherwise common to the
subdivision; public utility easements of record (easements are
to be located contiguous to Real Property lines and not more
than 10 feet in width as to the rear or front lines and 7 !
feet in width as to the side lines, unless otherwise specified
herein) ; assumed mortgages and purchase money mortgages, if
any; provided, that there exists at closing no violation of the
foregoing and none of them prevents the use of Real Property
for residential purpose.
VII. OCCUPANCY: Seller warrants that there are no parties in
occupancy other than Seller, bit of Property is intended to be
rented or occupied beyond closing, the fact and terms thereof
shall be stated herein, and the tenant(s) or occupants dis-
closed pursuant to Standard D. Seller agrees to deliver
occupancy of Property at time of closing unless otherwise
,
stated herein. If occupancy is to be delivered before closing,
Buyer assumes all risk of loss to Property from date of -
occupancy, shall be responsible and liable for maintenance from
that date, and shall be deemed to have accepted Property in
their existing condition as of time of taking occupancy unless
otherwise stated herein or in a separate writing.
VIII. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or
handwritten provisions shall control all printed provisions of
Contract in conflict with them.
IX. ASSIGNABILITY: Buyer may not assign Contract.
STANDARDS FOR REAL ESTATE TRANSACTIONS
A. Evidence of Title: A title insurance commitment
issued by a Florida licensed title insurer agreeing to issue to
Buyer, upon recording of the deed to Buyer, an owner's policy
of title insurance in the amount of the purchase price,
insuring Buyer's title to real property, subject only to liens,
encumbrances, exceptions or qualification set forth in this
agreement and those which shall be discharged by Seller at or
before closing. Seller shall convey a marketable title subject
only to liens, encumbrances, exceptions or qualifications set
forth in this agreement and those which shall be discharged by
Seller at or before closing. Marketable title shall be deter-
mined according to applicable title standards adopted by
authority of The Florida Bar and in accordance with law. If
title is found defective, Buyer shall notify Seller in writing
specifying defect(s). If the defect(s) render title unmarket-
able, Seller will have one hundred twenty (120) days from
receipt of notice within which to remove the defect(s), failing
which Buyer shall have the option of either accepting the title
as it then is or demanding a refund of deposit(s) paid which
shall immediately be returned to Buyer; thereupon Buyer and
Seller shall release one another of all further obligations
under the agreement. Seller will, if title is found unmarket-
able, use diligent effort to correct defect(s) in title within
the time provided therefor, -including the bringing of necessary
suits.
B. Survey: Buyer, at Buyer's expense, within time
allowed to deliver evidence of title and to examine same, may
have real property surveyed and certified by a registered
Florida surveyor. If survey shows encroachment on real
property or that improvements located on real property encroach
on setback lines, easements, lands of others, or violate any
restrictions, agreement covenants or applicable governmental
regulation, the same shall constitute a title defect.
C. Ingress and Egress: Seller warrants and repre-
sents that there is ingress and egress to the real property
-2-
sufficient for the intended use as described herein, title to
which is in accordance with Standard A.
D. Leases: Seller shall, not less than fifteen
( 15 ) days before closing, furnish to Buyer copies of all
written leases and estoppel letters from each tenant specifying
the nature and duration of the tenant's occupancy, rental
rates, advanced rent and security deposits paid by tenant. If
Seller is unable to obtain such letter from each tenant, the
same information shall be furnished by Seller to Buyer within
that time period in the form of a Seller's affidavit, and Buyer
may thereafter contact tenants to confirm such information.
Seller shall, at closing, deliver and assign all original
leases to Buyer.
E. Liens: Seller shall furnish to Buyer at time of
closing an affidavit attesting to the absence, unless otherwise
provided for herein, of any financing statements, claims of
lien or potential lienors known to Seller and further attesting
that there have been no improvements or repairs to property for
ninety (90) days immediately preceding date of closing. If
property has been improved, or repaired within that time,
Seller shall deliver releases or waivers of mechanics' liens
executed by all general contractors, subcontractors, suppliers,
and materialmen in addition to Seller's lien affidavit setting
forth the names of all such general contractors, subcon-
tractors, suppliers and materialmen and further affirming that
all charges for improvements or repairs which could serve as a
basis for a mechanic's line or a claim for damages have been
paid or will be paid at cloaing.
F. Place of Closing: Closing shall be held in the
county where real property is located, at the office of the
attorney or other closing agent designated by Buyer.
G. Time: Time is of the essence of this agreement.
Time periods herein of less than six ( 6 ) days shall in the
computation exclude Saturdays, Sundays and state or national
legal holidays, and any time period provided for herein which
shall end on Saturday, Sunday or legal holiday shall extend to
5:00 p.m. of the next business day.
H. Documents for Closing: Buyer shall furnish
deed, bill of sale, mechanic's lien affidavit, assignments of
leases, tenant and mortgagee estoppel letters, and corrective
instruments. Buyer shall furnish closing statement, mortgage,
mortgage note, security agreement, and financial statements.
I. Expenses: Documentary stamps on the deed and
recording corrective instruments shall be paid by Buyer.
J. Prorations; credits: Taxes, assessments, rent,
interest, insurance and other expenses and revenue of property
shall be prorated through day before closing. Buyer shall have
-3-
.,
the option to taking over any existing policies of insurance,
if assumable, in which event premiums shall be prorated. Cash .-,-
at closing shall be increased or decreased as may be required
by prorations. Prorations will be made through day prior to
occupancy if occupancy occurs before closing. Advance rent and
security deposits will be credited to Buyer and escrow deposits
held by mortgagee will be credited to Seller. Taxes shall be
prorated based on the current year's tax with due allowance
made for maximum allowable discount, homestead and other
exemptions. If closing occurs at a date when the current
year's milage is not fixed, and current year's assessments is
available, taxes will be prorated based upon such assessment
and the prior year's milage. If current year's assessment is
not available, then taxes will be prorated on the prior year's
tax. If there are completed improvements on real property by
January 1st of year of closing which improvements were not in
existence on January 1st of the prior year then taxes shall be
prorated based upon the prior year's milage and at an equitable
assessment to be agreed upon between the parties, failing
which, request will be made to the County Property Appraiser
for an informal assessment taking into consideration available
exemptions. Any tax proration based on an estimate may, at
request of either Buyer or Seller, be subsequently readjusted
upon receipt of tax bill on condition that a statement to that
effect is in the closing statement.
K. Special Assessment Liens: Certified, confirmed
and ratified special assessment liens as of date of closing
(and not as of Effective Date) are to be paid by Seller.
Pending liens as of date of closing shall be assumed by Buyer.
If the improvement has been substantially completed as of
Effective Date, such pending lien shall be considered as
certified, confirmed or ratified and Seller shall, at closing,
be charged an amount equal to the last estimate of assessment
for the improvement by the public body.
L. Risk of Loss: If the property is damaged by
fire or other casualty before closing and cost of restoration
does not exceed the purchase price of the property so damaged,
cost of restoration shall be an obligation of the Seller and
closing shall proceed pursuant to the term so the agreement
with restoration costs escrowed at closing. If the cost of the
restoration exceeds three percent (3%) of the assessed
valuation of the improvements so damaged, Buyer shall have the
. option of either taking property as is, together with either
the three percent (3%) or any insurance proceeds payable by
virtue of such loss or damage, or of cancelling the agreement
and receiving return of deposit(s).
M. Failure of Performance: If, for any reason
other than failure of Seller to make Seller's title marketable
after diligent effort, Seller fails, neglects or refuses to
perform this Contract, the Buyer may seek specific performance
or elect to receive the return of Buyer's deposit(s) without
-4-
thereby waiving any action for damages resulting from Seller's
breach.
N. Agreement Not Recordable; Persons Bound; Notice:
Neither this agreement nor any notice of it shall be recorded
in any public records. This agreement shall bind and enure to
the benefit of the parties and their successors in interest.
Whenever the context permits, singular shall include plural and
one gender shall include all. Notice given by or to the
attorney for any party shall be as effective as if given by or
to that party.
o. Conveyance: Seller shall convey the property by
way of Warranty Deed subject to an easement for any utilities
that may exist and lie on the property.
P. Other Agreements: No prior or present agree-
ments or representations shall be binding upon Buyer or Seller
unless included in this Contract. No modification or change in
this Contract shall be valid or binding upon the parties unless
in writing and executed by the party or parties intended to be
bound by it.
Q. Warranties: Seller warrants that there are no
facts known to Seller materially affecting the value of the
real property which are nqt readily observable by Buyer or
which have not been disclosed to Buyer.
BUYER: SELLER:
City of Delray Beach
By: By:
Thomas Lynch, Mayor Larry A. Scott
ATTEST: By:
Regenia A. Scott
City Clerk
Approved as to Form:
City Attorney
State of Florida
County of Palm Beach
The foregoing instrument was acknowledged before me this
_ day of , 1994 by LARRY A. SCOTT and REGENIA
-5-
,
H. SCOTT, who are personally known to me or who have produced
-
(type of
identification) as identification.
Signature of Notary Public-
State of Florida
Print, Type or Stamp Name of
Notary Public
-6-
DAL Y APPRAISAL FIRM, INC.
PLAT MAP
~ - - -ST- - :-.L..::: ~- - - - - - Dt I I If a ~,,'I
--, II.... I J1 ...... ..' ~ ...., "-,,,.1'.,
I. . .. '''''t NW -- -
I' .., -
QID I: : : :1
$.OOAC ,& , I I LIJ
I . . ,NIII K ' u.I ~
~ . . , ~
I 7--(A)---: ~ ;--(8 ~ I (2 C!]
u.I. . Cl:. 'I
QE) ~; : , .
..HAC I ' . ~ I ! I q, , . ,
& :----=.
I. ~ , I': h;. ~ I TO wr J C
dr;::-----sr- -----.tH ~
1 -;;"j r-:o.--,. ~.. .... .. .... Z ..... .... , .... . '. NW .
.. ~ I 1124 :. ~ I Zot : .. ,':. -4 ~; Z4.... -
~ : P~~N : ... ;,CRE r--:: I ~ ': :a .: I
--'--'-' - _..: > - --' ......
. I -;--. I --". 2 -; I : WE~ SIDE :t1t:.11.:l I~: =1 ,...
.... ~--
~ _~~B _ _ 'Ui:... ~_..;. . ' , .
:} , ..' ..... .., ...,. r-<A>--: ;;--<.~ I ~ (
. ,7-46 , 1: <I, 61l .': ' I
-" Q' .. :1 (1-
""""""'CO(HS - I .: .~ : .
:: Sull'.). = . . . I. :s: :s:
_ ~ l : ",.12 U,..,.~ ~ .....Il. 13....., z Z
~ I J ,',. =-= - ;;:::;!..J', NW " H --:
. ..;\ 4 J' 1- iJ .J,7rl I 'Jr' "a '" "~ I . ,'Y' ":II z ,".... ~.~. 1114 ..," ~ .a- --llt- ':;;B
~ · ... 1S '. '; .: \ ~ I. .. ~ ~' .~.. "t ":'1 ...
..: I · ll< 11 IN IC. l'INI . ~ 1\ ... :s: a II ... ~ R E ~ S
_' .~~z. ~I 'of .. tr
_I ..... .~~ . Z6,41'~~&of
. - r I ., .s I I I "II II I ,. ~
- . ...... ..: " .'.' II .' i . . ~
- I : . .~ a. " , II " . .. . . I ". t ..''; ,., . . G;
..:. . . ~ . fi:-'~ ~' ,..'
.. I ~ 1 Z I WHtOOlN~ ~ LiI: I
.:. ~ ffirm'" IS 11 ".. ..... II , ' ..... suat'_"'~..a:I'i\..-=.1 -®"z I. ~.,............ ".~\ ~-~, ~ ~
: I 1.1 if ' . z 0~ l'.... .... I. .. .
G~,. \lUJ......:1[[... _" ..- .... J.I~~~ . .._
.--:..z-~tJ___ ,_ _~
.
. .
;wl
~
ZII l'.,.. :'J1,lQ
I III
J~;'J
.,
.
. . (/~I
f1 )
[ITY DF DELIAY BEA[H
. .
CITY AnORNEY'S OFFICE 200 NW 1st AVENUE. DELRAY BEACH, FLORIDA 33444
FACSIMILE 407:278-4755 WrJ.t_r.. DJ.r_ct LJ.n_
DELRA Y BEACH (407) 243-7090
flU liD A
......
A1~America City
, , III! MEMORANDUM
Date: August 9, 1994
I qq 1
To: City Commission Assistant City Attorne~
From: David N. To1ces,
Subject: Purchase of Parcel from Regenia and Larry Scott
Approval of this resolution will authorize City staff to
acquire the property described in the resolution. The
purchase price is $8,500.00. The property is located on
N.W. 10th Avenue just south of N.W. 2nd Street. A copy of
the purchase contract is also provided.
Please call if you have any questions.
DNT: smk
Attachment
cc: David Harden, City Manager
Lula Butler, Director of Community Improvement
Sharon Morgan, City Clerk's Office
scottL dnt
@ ~ ~ ?G.
---'" -.....0.... -,,.., .,c~ r'le"";:) '~,,;J
,- - - - ., .- Co.-.-_
.
RESOLUTION NO. 67-94
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO
PURCHASE FROM SELLER CERTAIN REAL PROPERTY IN PALM
BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY
INCORPORATING AND ACCEPTING THE CONTRACT STATING THE
TERMS AND CONDITIONS FOR THE SALE AND PURCHASE
BETWEEN THE SELLERS AND THE CITY OF DELRAY BEACH,
FLORIDA.
WHEREAS, the City of Delray Beach, Florida, wishes to acquire
certain vacant property located on N.W. 10th Avenue to provide for
housing pursuant to the State Housing Initiative Program ("SHIP"); and
WHEREAS, the Sellers hereinafter named desire to sell the
property hereinafter described to the City of Delray Beach Florida; and
WHEREAS, it is in the best interest of the City of Delray
Beach, Florida, to purchase said property for the purpose described
above.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1- That the City Commission of the City of Delray
Beach, Florida, as Buyer, hereby agrees to purchase from Larry A. Scott
and Regenia H. Scott, as Sellers, land to provide for affordable housing
opportunities for low income individuals, for the purchase price of
Eight Thousand Five Hundred and 00/100 Dollars ($8,500.00), and other
good and valuable consideration; said parcel being more particularly
described as follows:
Lot 2 and the South 14.36 feet of Lot 1, Block A,
WEST SIDE HEIGHTS, according to the plat thereof on
file in the office of the Clerk of the Circuit Court
in and for Palm Beach County, Florida, recorded in
Plat Book 13, Page 61-
Section 2. That the costs of closing and transactions, title
insurance, document preparation and attorney's fees shall be borne by
the City of Delray Beach, Florida.
Section 3 . That the terms and conditions contained in the
contract for sale and purchase and addenda thereto between the City of
Delray Beach, Florida, and the Sellers as hereinabove named are
incorporated herein.
,
PASSED AND ADOPTED in regular session on the day of
, 1994.
MAY 0 R
ATTEST:
City Clerk
2 Res. No.
CONTRACT FOR SALE AND PURCHASE
LARRY A. SCOTT, and REGENIA H. SCOTT ("Seller"), of Delray
Beach, Florida, and CITY OF DELRAY BEACH, a Florida municipal
corporation, ("Buyer"), hereby agree that the Seller shall sell
and the Buyer shall buy the following real property ("Real
Property" ) upon the following terms and conditions:
I. DESCRIPTION:
Lot 2 and the South 14.36 feet of Lot 1 , Block A, WEST
SIDE HEIGHTS, according to the Plat thereof on file in the
office of the Clerk of the Circuit Court in and for Palm
Beach County, Florida, recorded in Plat Book 13, Page 16.
II. PURCHASE PRICE . . . . . . . . . . . . . . . . $ 8,500.00
less any unpaid liens or taxes.
III. TIME FOR ACCEPTANCE; EFFECTIVE DATE: If this offer is not
executed by and de 1 i vered to all parties OR FACT OF EXECUTION
communicated in writing between the parties on or before August
31, 1994. The date of this Contract ("Effective Date") will be
the date when the last one of the Buyer and the Seller has
signed this offer.
IV. TITLE EVIDENCE: At least 7 days before closing date,
Buyer shall obtain a title insurance commitment.
V. CLOSING DATE: This transaction shall be closed and the
deed and other closing papers delivered on or before September
30, 1994, unless extended by other provisions of Contract.
VI. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take
title subject to: zoning, restrictions, prohibitions and other
requirements imposed by governmental authority; restrictions
and matters appearing on the plat or otherwise common to the
subdivision; public utility,easements of record (easements are
to be located contiguous to Real Property lines and not more
than 10 feet in width as to the rear or front lines and 7 !
feet in width as to the side lines, unless otherwise specified
herein); assumed mortgages and purchase money mortgages, if
any; provided, that there exists at closing no violation of the
foregoing and none of them prevents the use of Real Property
for residential purpose.
VII. OCCUPANCY: Seller warrants that there are no parties in
occupancy other than Seller, bit of Property is intended to be
rented or occupied beyond closing, the fact and terms thereof
shall be stated herein, and the tenant(s) or occupants dis-
closed pursuant to Standard D. Seller agrees to deliver
occupancy of Property at time of closing unless otherwise
'.
stated herein. If occupancy is to be delivered before closing,
Buyer assumes all risk of loss to Property from date of -
occupancy, shall be responsible and liable for maintenance from
that date, and shall be deemed to have accepted Property in
their existing condition as of time of taking occupancy unless
otherwise stated herein or in a separate writing.
VIII. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or
handwritten provisions shall control all printed provisions of
Contract in conflict with them.
IX. ASSIGNABILITY: Buyer may not assign Contract.
STANDARDS FOR REAL ESTATE TRANSACTIONS
A. Evidence of Title: A title insurance commitment
issued by a Florida licensed title insurer agreeing to issue to
Buyer, upon recording of the deed to Buyer, an owner's policy
of title insurance in the amount of the purchase price,
insuring Buyer's title to real property, subject only to liens,
encumbrances, exceptions or qualification set forth in this
agreement and those which shall be discharged by Seller at or
before closing. Seller shall convey a marketable title subject
only to liens, encumbrances, exceptions or qualifications set
forth in this agreement and those which shall be discharged by
Seller at or before closing. Marketable title shall be deter-
mined according to applicable title standards adopted by
authority of The Florida Bar and in accordance with law. If
title is found defective, Buyer shall notify Seller in writing
specifying defect(s). If the defect(s) render title unmarket-
able, Seller will have one hundred twenty (120) days from
receipt of notice within which to remove the defect(s), failing
which Buyer shall have the option of either accepting the title
as it then is or demanding a refund of deposit(s) paid which
shall immediately be returned to Buyer; thereupon Buyer and
Seller shall release one another of all further obligations
under the agreement. Seller will, if title is found unmarket-
able, use diligent effort to correct defect(s) in title within
the time provided therefor, including the bringing of necessary
suits.
B. Survey: Buyer, at Buyer's expense, within time
allowed to deliver evidence' of title and to examine same, may
have real property surveyed and certified by a registered
Florida surveyor. If survey shows encroachment on real
property or that improvements located on real property encroach
on setback lines, easements, lands of others, or violate any
restrictions, agreement covenants or applicable governmental
regulation, the same shall constitute a title defect.
C. Ingress and Egress: Seller warrants and repre-
sents that there is ingress and egress to the real property
-2-
sufficient for the intended use as described herein, title to
which is in accordance with Standard A.
D. Leases: Seller shall, not less than fifteen
( 15 ) days before closing, furnish to Buyer copies of all
written leases and estoppel letters from each tenant specifying
the nature and duration of the tenant's occupancy, rental
rates, advanced rent and security deposits paid by tenant. If
Seller is unable to obtain such letter from each tenant, the
same information shall be furnished by Seller to Buyer within
that time period in the form of a Seller's affidavit, and Buyer
may thereafter contact tenants to confirm such information.
Seller shall, at closing, deliver and assign all original
leases to Buyer.
E. Liens: Seller shall furnish to .Buyer at time of
closing an affidavit attesting to the absence, unless otherwise
provided for herein, of any financing statements, claims of
lien or potential lienors known to Seller and further attesting
that there have been no improvements or repairs to property for
ninety (90) days immediately preceding date of closing. If
property has been improved, or repaired within that time,
Seller shall deliver releases or waivers of mechanics' liens
executed by all general contractors, subcontractors, suppliers,
and materialmen in addition to Seller's lien affidavit setting
forth the names of all such general contractors, subcon-
tractors, suppliers and materialmen and further affirming that
all charges for improvements or repairs which could serve as a
basis for a mechanic's line or a claim for damages have been
paid or will be paid at closing.
F. Place of Closing: Closing shall be held in the
county where real property is located, at the office of the
attorney or other closing agent designated by Buyer.
G. Time: Time is of the essence of this agreement.
Time periods herein of less than six ( 6 ) days shall in the
computation exclude Saturdays, Sundays and state or national
legal holidays, and any time period provided for herein which
shall end on Saturday, Sunday or legal holiday shall extend to
5:00 p.m. of the next business day.
H. Documents for Closing: Buyer shall furnish
deed, bill of sale, mechanic's lien affidavit, assignments of
leases, tenant and mortgagee estoppel letters, and corrective
instruments. Buyer shall furnish closing statement, mortgage,
mortgage note, security agreement, and financial statements.
I. Expenses: Documentary stamps on the deed and
recording corrective instruments shall be paid by Buyer.
J. Prorations; credits: Taxes, assessments, rent,
interest, insurance and other expenses and revenue of property
shall be prorated through day before closing. Buyer shall have
-3-
,
the option to taking over any existing policies of insurance,
if assumable, in which event premiums shall be prorated. Cash -
at closing shall be increased or decreased as may be required
by prorations. Prorations will be made through day prior to
occupancy if occupancy occurs before closing. Advance rent and
security deposits will be credited to Buyer and escrow deposits
held by mortgagee will be credited to Seller. Taxes shall be
prorated based on the current year's tax with due allowance
made for maximum allowable discount, homestead and other
exemptions. If closing occurs at a date when the current
year's milage is not fixed, and current year's assessments is
available, taxes will be prorated based upon such assessment
and the prior year's milage. If current year's assessment is
not available, then taxes will be prorated on the prior year's
tax. If there are completed improvements on real property by
January 1st of year of closing which improvements were not in
existence on January 1st of the prior year then taxes shall be
prorated based upon the prior year's milage and at an equitable
assessment to be agreed upon between the parties, failing
which, request will be made to the County Property Appraiser
for an informal assessment taking into consideration available
exemptions. Any tax proration based on an estimate may, at
request of either Buyer or Seller, be subsequently readjusted
upon receipt of tax bill on. condition that a statement to that
effect is in the closing statement.
K. Special Assessment Liens: Certified, confirmed
and ratified special assessment liens as of date of closing
(and not as of Effective Date) are to be paid by Seller.
Pending liens as of date of closing shall be assumed by Buyer.
If the improvement has been substantially completed as of
Effective Date, such pending lien shall be considered as
certified, confirmed or ratified and Seller shall, at closing,
be charged an amount equal to the last estimate of assessment
for the improvement by the public body.
L. Risk of Loss: I f the property is damaged by
fire or other casualty before closing and cost of restoration
does not exceed the purchase price of the property so damaged,
cost of restoration shall be an obligation of the Seller and
closing shall proceed pursuant to the term so the agreement
with restoration costs escrowed at closing. If the cost of the
restoration exceeds three percent (3%) of the assessed
valuation of the improvements so damaged, Buyer shall have the
option of either taking property as is, together with either
the three percent (3%) or any insurance proceeds payable by
virtue of such loss or damage, or of cancelling the agreement
and receiving return of deposit(s).
M. Failure of Performance: If, for any reason
other than failure of Seller to make Seller's title marketable
after diligent effort, Seller fails, neglects or refuses to
perform this Contract, the Buyer may seek specific performance
or elect to receive the return of Buyer's deposit(s) without
-4-
.
thereby waiving any action for damages resulting from Seller's
breach.
N. Agreement Not Recordable; Persons Bound; Notice:
Nei ther this agreement nor any notice of it shall be recorded
in any public records. This agreement shall bind and enure to
the benefit of the parties and their successors in interest.
Whenever the context permits, singular shall include plural and
one gender shall include all. Notice given by or to the
attorney for any party shall be as effective as if given by or
to that party.
O. Conveyance: Seller shall convey the property by
way of Warranty Deed subject to an easement for any utilities
that may exist and lie on the property.
P. Other Agreements: No prior or present agree-
ments or representations shall be binding upon Buyer or Seller
unless included in this Contract. No modification or change in
this Contract shall be valid or binding upon the parties unless
in writing and executed by the party or parties intended to be
bound by it.
Q. Warranties: Seller warrants that there are no
facts known to Seller materially affecting the value of the
real property which are not readily observable by Buyer or
which have not been disclosed to Buyer.
BUYER: SELLER:
City of Delray Beach
By: By:
Thomas Lynch, Mayor Larry A. Scott
ATTEST: By:
Regenia A. Scott
City Clerk
Approved as to Form:
City Attorney
State of Florida
County of Palm Beach
The foregoing instrument was acknowledged before me this
_ day of , 1994 by LARRY A. SCOTT and REGENIA
-5-
.,
H. SCOTT, who are personally known to me or who have produced -
(type of
identification) as identification.
Signature of Notary Public-
State of Florida
Print, Type or Stamp Name of
Notary Public
-6-
--"",---'.'-----.-
DAL Y APPRAISAL FIRM. INC.
PLAT MAP
~-~-83.... 'I .. I'UI~"-'"
.. ~, ~ ~ ~ "O~ I R-I A I I : I:
. : z : ;; . ';, ; \ ';;. ;'.= I I I '
H - .. . ..' ,. 0' ":':..1 L ~'
.. . - - -ST- - O=:;-rj 0- - - -:-- - - Ir. _--:.'
,.. ,-,. , sz' ~,." , , 'f "' L::=:::::: _
I ' I , I
, ' , , I
QID I' . , .
5.00AC l t .. . I LIJ
I' ,>
W <l
: I ~
I: : I 2 @)
QB) ~I: , . : I
IlI.SlAC : I , . I
. . \ .
I~: ~ 0 I TOW OF
- , 11 - . . H
------ST- -----0.1
---:;;-"\r-:;:--,.. .... ~ .~. I'~"" ..... m' ., I II ...... .~ NW
. ~ I II 14 ~ ~ J Z" : -:'111 $ 14..
: PINII : w:~ eRE l'~ I ~ ":t II 'l I
---":u---~- --...; . 1I'.c =
:-{I --; ~2}-~ I :WES SIDE :"'\~IUII1I;" mil ~ ,..
J -- II
. SUB ,114_.6\" " .
I _~_ _ _ .\lZ._ ::::J-__ .
,:.... ".". ....' ".".:. ~A~.c;--<V---; I (~ @
I . 0 a; 0 :
17-46 3 1 . , , : I
'" 2 ' ., .: I ( I ":II
_ ~ICO(""'S - I .: ':' : -: - .....
- sultz.,. = . . . ~ ~
~ T ~ ....1% ','.,.:; ; ,...It I~,... ~ Z Z
(.f )" - d..I', NW .~ H
:.~ .., ~ I'll" ,,.. ,. "c:5Il .. .J.' '-11 ." ~ ~ 'U' III'. t,,' ; '4- -.-.I,t- - -
'''11 .; '. ~ , 001' tot . . , I l ':,~ '~r I-L I" .
1:1(. ,I"'IN' : I: II ':~a II .~ ~,. R (,',; ~ S~8
, .31;- . - ~-- , ZI. ~ : I ,., I-
I " .".- Z r;---\Sr-; r,---\Q~ ~ of):::;;::: :n=if 1%
. l,j - f " IS I ' II " Z " l . I
. ..... .' .':".' I! . '1' (14. 11
I ' . " I. .-., II " . .. . . . I' ~ .... . ,.,::\ ~..
. . . ~...& , ." .., 'ii'
. ',.. . ffi!""
I, I z. ,
WMOOCN3 '. ·
~ ffitffi. H Il...., ..,.. II Z · ..... luall.n, .;:::::?::. -ii'L: I ~
z: I --,' ~ .. '1.!..ci r===<9== ~
I I~II ~ {I . I @ ~d I... '.1/411. ....
.. ~ - ..U~~..I":' .. MEL.. 1.'1 _' . ..1.. ..1.., .. ..,.,1; I-i
(z.~"
_ _ l.._____ "_ _,__ _~
. .
,
: I '
....,
.t
N
1
.,
(- ;<
iI 1
i
[IT' DF DELRAY BEA[H
CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH. FLORIDA 33444
FACSIMILE 407/278-4755 Wr~t_r.. D~r_ct L~n_
DELRA Y BEACH (407) 243-7090
, L 0 I I 0 ..
.......
A1~lmerica City
, I II I' MEMORANDUM
Date: August 9, 1994
j qq-"
To: City Commission
From: David N. Tolces, Assistant City Attorne~
Subject: Purchase of Parcel from the Church of the Living
God, New Macedonia
Approval of this resolution will authorize City staff to
acquire the property described in the resolution. The
purchase price is $6,500.00. The property is located at the
corner of S. w. 4th Street and s.w. 7th Avenue. A copy of
the purchase contract is also provided.
Please call if you have any questions.
DNT: smk
Attachment
cc: David Harden, City Manager
Lula Butler, Director of Community Improvement
Sharon Morgan, City Clerk's Office
livgod.dnt
@ =~, ~C . ~ r;H.
"
.
RESOLUTION NO. 68-94
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO
PURCHASE FROM SELLER CERTAIN REAL PROPERTY IN PALM
BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY
INCORPORATING AND ACCEPTING THE CONTRACT STATING THE
TERMS AND CONDITIONS FOR THE SALE AND PURCHASE
BETWEEN THE SELLERS 'AND THE CITY OF DELRAY BEACH,
FLORIDA.
WHEREAS, the City of Delray Beach, Florida, wishes to acquire
certain vacant property located on S.W. 4th Street to provide for
housing pursuant to the State Housing Initiative Program ("SHIP"); and
WHEREAS, the Seller hereinafter named desires to sell the
property hereinafter described to the City of Delray Beach Florida; and
WHEREAS, it is in the best interest of the City of Delray
Beach, Florida, to purchase said property for the purpose described
above.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commiss ion of the City of Delray
Beach, Florida, as Buyer, hereby agrees to purchase from Church of the
Living God, New Macedonia, as Seller, land to provide for affordable
housing opportunities for low income individuals, for the purchase price
of Six Thousand Five Hundred and 00/100 Dollars ($6,500.00), and other
good and valuable consideration; said parcel being more particularly
described as follows:
The West 50 feet of the South 100 feet of the South
1/2 less road right-of-way, Block 16, TOWN OF
DELRAY, according to the plat thereof on file in the
office of the Clerk of the Circuit Court in and for
Palm Beach County, Florida, recorded in Plat Book
1, Page 3.
Section 2. That the costs of closing and transactions, title
insurance, document preparation and attorney's fees shall be borne by
the City of Delray Beach, Florida.
Section 3. That the terms and conditions contained in the
contract for sale and purchase and addenda thereto between the City of
Delray Beach, Florida, and the Sellers as hereinabove named are
incorporated herein.
,
PASSED AND ADOPTED in regular session on the day of
, 1994.
MAY 0 R
ATTEST:
City Clerk
2 Res. No.
.._-,-
CONTRACT FOR SALE AND PURCHASE
CHURCH OF THE LIVING GOD, NEW MACEDONIA, ("Seller"), of
Delray Beach, Florida, and CITY OF DELRAY BEACH, a Florida
municipal corporation, ("Buyer"), hereby agree that the Seller
shall sell and the Buyer shall buy the following real property
("Real Property") upon the following terms and conditions:
I. DESCRIPTION:
The West 50 feet of the South 100 feet of the South 1/2
less road right-of-way, B,lock 16, TOWN OF DELRAY,
according to the Plat thereof on file in the office of the
Clerk of the Circuit Court in and for Palm Beach County,
Florida, recorded in Plat Book 1, Page 3.
II. PURCHASE PRICE. . . .. ..........$ 6,500.00
less any unpaid liens or taxes.
III. TIME FOR ACCEPTANCE; EFFECTIVE DATE: If this offer is not
executed by and delivered to all parties OR FACT OF EXECUTION
communicated in writing between the parties on or before August
31, 1994. The date of this Contract ("Effective Date") will be
the date when the last one of the Buyer and the Seller has
signed this offer.
IV. TITLE EVIDENCE: At least 7 days before closing date,
Buyer shall obtain a title insurance commitment.
V. CLOSING DATE: This transaction shall be closed and the
deed and other closing papers delivered on or before September
30, 1994, unless extended by other provisions of Contract.
VI. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take
title subject to: zoning, restrictions, prohibitions and other
requirements imposed by governmental authority; restrictions
and matters appearing on the plat or otherwise common to the
subdivision; public utility easements of record (easements are
to be located contiguous to Real Property lines and not more
than 10 feet in width as to the rear or front lines and 7 !
feet in width as to the side lines, unless otherwise specified
herein); assumed mortgages and purchase money mortgages, if
any; provided, that there exists at closing no violation of the
foregoing and none of them prevents the use of Real Property
for residential purpose.
VII. OCCUPANCY: Seller warrants that there are no parties in
occupancy other than Seller, bit of Property is intended to be
rented or occupied beyond closing, the fact and terms thereof
shall be stated herein, and the tenant (s) or occupants dis-
closed pursuant to Standard D. Seller agrees to deliver
,
occupancy of Property at time of closing unless otherwise
stated herein. If occupancy is to be delivered before closing, -
Buyer assumes all risk of loss to Property from date of
occupancy, shall be responsible and liable for maintenance from
that date, and shall be deemed to have accepted Property in
their existing condition as of time of taking occupancy unless
otherwise stated herein or in a separate writing.
VIII. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or
handwritten provisions shall control all printed provisions of
Contract in conflict with them.
IX. ASSIGNABILITY: Buyer may not assign Contract.
STANDARDS FOR REAL ESTATE TRANSACTIONS
A. Evidence of Title: A title insurance commitment
issued by a Florida licensed title insurer agreeing to issue to
Buyer, upon recording of the deed to Buyer, an owner's policy
of title insurance in the amount of the purchase price,
insuring Buyer's title to real property, subject only to liens,
encumbrances, exceptions or qualification set forth in this
agreement and those which shall be discharged by Seller at or
before closing. Seller shall convey a marketable title subject
only to liens, encumbrances, exceptions or qualifications set
forth in this agreement and those which shall be discharged by
Seller at or before closing. Marketable title shall be deter-
mined according to applicable title standards adopted by
authority of The Florida Bar and in accordance with law. If
title is found defective, Buyer shall notify Seller in writing
specifying defect(s). If the defect(s) render title unmarket-
able, Seller will have one hundred twenty ( 120) days from
receipt of notice within which to remove the defect(s), failing
which Buyer shall have the option of either accepting the title
as it then is or demanding a refund of deposit(s) paid which
shall immediately be returned to Buyer; thereupon Buyer and
Seller shall release one another of all further obligations
under the agreement. Seller will, if title is found unmarket-
able, use diligent effort to correct defect(s) in title within
the time provided therefor, including the bringing of necessary
suits.
B. Survey: Buyer, at Buyer's expense, within time
allowed to deliver evidence of title and to examine same, may
have real property surveyed and certified by a registered
Florida surveyor. If survey shows encroachment on real
property or that improvements located on real property encroach
on setback lines, easements, lands of others, or violate any
restrictions, agreement covenants or applicable governmental
regulation, the same shall constitute a title defect.
c. Ingress and Egress: Seller warrants and repre-
sents that there is ingress and egress to the real property
-2-
sufficient for the intended use as described herein, title to
which is in accordance with Standard A.
D. Leases: Seller shall, not less than fifteen
( 15 ) days before closing, furnish to Buyer copies of all
written leases and estoppel letters from each tenant specifying
the nature and duration Qf the tenant's occupancy, rental
rates, advanced rent and security deposits paid by tenant. If
Seller is unable to obtain such letter from each tenant, the
same information shall be furnished by Seller to Buyer within
that time period in the form of a Seller's affidavit, and Buyer
may thereafter contact tenants to confirm such information.
Seller shall, at closing, deliver and assign all original
leases to Buyer.
E. Liens: Seller shall furnish to Buyer at time of
closing an affidavit attesting to the absence, unless otherwise
provided for herein, of any financing statements, claims of
lien or potential lienors known to Seller and further attesting
that there have been no improvements or repairs to property for
ninety (90) days immediately preceding date of closing. If
property has been improved, or repaired within that time,
Seller shall deliver releases or waivers of mechanics' liens
executed by all general contractors, subcontractors, suppliers,
and materialmen in addition to Seller's lien affidavit setting
forth the names of all such general contractors, subcon-
tractors, suppliers and materialmen and further affirming that
all charges for improvements or repairs which could serve as a
basis for a mechanic's line or a claim for damages have been
paid or will be paid at closing.
F. Place of Closing: Closing shall be held in the
county where real property is located, at the office of the
attorney or other closing agent designated by Buyer.
G. Time: Time is of the essence of this agreement.
Time periods herein of less than six ( 6 ) days shall in the
computation exclude Saturdays, Sundays and state or national
legal holidays, and any time period provided for herein which
shall end on Saturday, Sunday or legal holiday shall extend to
5:00 p.m. of the next business day.
H. Documents for Closing: Buyer shall furnish
deed, bill of sale, mechanic's lien affidavit, assignments of
leases, tenant and mortgagee estoppel letters, and corrective
instruments. Buyer shall furnish closing statement, mortgage,
mortgage note, security agreement, and financial statements.
I. Expenses: Documentary stamps on the deed and
recording corrective instruments shall be paid by Buyer.
J. Prorations; credits: Taxes, assessments, rent,
interest, insurance and other expenses and revenue of property
shall be prorated through day before closing. Buyer shall have
-3-
,
the option to taking over any existing policies of insurance,
if assumable, in which event premiums shall be prorated. Cash -
at closing shall be increased or decreased as may be required
by prorations. Prorations will be made through day prior to
occupancy if occupancy occurs before closing. Advance rent and
security deposits will be credited to Buyer and escrow deposits
held by mortgagee will be credited to Seller. Taxes shall be
prorated based on the current year's tax with due allowance
made for maximum allowable discount, homestead and other
exemptions. If closing occurs at a date when the current
year's milage is not fixed, and current year's assessments is
available, taxes will be prorated based upon such assessment
and the prior year's milage. If current year's assessment is
not available, then taxes will be prorated on the prior year's
tax. If there are completed improvements on real property by
January 1st of year of closing which improvements were not in
existence on January 1st of the prior year then taxes shall be
prorated based upon the prior year's milage and at an equitable
assessment to be agreed upon between the parties, failing
which, request will be made to the County Property Appraiser
for an informal assessment taking into consideration available
exemptions. Any tax proration based on an estimate may, at
request of either Buyer or Seller, be subsequently readjusted
upon receipt of tax bill on condition that a statement to that
effect is in the closing statement.
K. Special Assessment Liens: Certified, confirmed
and ratified special assessment liens as of date of closing
(and not as of Effective Date) are to be paid by Seller.
Pending liens as of date of closing shall be assumed by Buyer.
If the improvement has been substantially completed as of
Effective Date, such pending lien shall be considered as
certified, confirmed or ratified and Seller shall, at closing,
be charged an amount equal to the last estimate of assessment
for the improvement by the public body.
L. Risk of Loss: If the property is damaged by
fire or other casualty before closing and cost of restoration
does not exceed the purchase price of the property so damaged,
cost of restoration shall be an obligation of the Seller and
closing shall proceed pursuant to the term so the agreement
with restoration costs escrowed at closing. If the cost of the
restoration exceeds three percent (3%) of the assessed
valuation of the improvements so damaged, Buyer shall have the
option of either taking property as is, together with either
the three percent (3%) or any insurance proceeds payable by
virtue of such loss or damage, or of cancelling the agreement
and receiving return of deposit(s).
M. Failure of Performance: If, for any reason
other than failure of Seller to make Seller's title marketable
after diligent effort, Seller fails, neglects or refuses to
perform this Contract, the Buyer may seek specific performance
or elect to receive the return of Buyer's deposit(s) without
-4-
.
thereby waiving any action for damages resulting from Seller's
breach.
N. Agreement Not Recordable; Persons Bound; Notice:
Neither this agreement nor any notice of it shall be recorded
in any public records. This agreement shall bind and enure to
the benefit of the parties and their successors in interest.
Whenever the context permits, singular shall include plural and
one gender shall include all. Notice given by or to the
attorney for any party shall be as effective as if given by or
to that party.
o. Conveyance: Seller shall convey the property by
way of Warranty Deed subject to an easement for any utilities
that may exist and lie on the property.
P. Other Agreements: No prior or present agree-
ments or representations sh~ll be binding upon Buyer or Seller
unless included in this Contract. No modification or change in
this Contract shall be valid or binding upon the parties unless
in writing and executed by the party or parties intended to be
bound by it.
Q. Warranties: Seller warrants that there are no
facts known to Seller materially affecting the value of the
real property which are not readily observable by Buyer or
which have not been disclosed to Buyer.
BUYER: SELLER:
City of Delray Beach Church of the Living God,
New Macedonia
By: By:
Thomas Lynch, Mayor
ATTEST:
City Clerk
Approved as to Form:
City Attorney
-5-
..
State of Florida
-,
County of Palm Beach
The foregoing instrument was acknowledged before me
this day of , 1992, by
(name of officer or agent, title of officer
or agent, of (name of
corporation acknowledging), a (state or place
of incorporation), corporation, on behalf of the corporation.
He/She is personally known to me/or has produced
(type of identification) as identification
and did (did not) take an oath.
Signature of Notary Public-
State of Florida
Print, Type or Stamp Name of
Notary Public
-6-
.
.
DAL Y APPRAISAL FIRM. INC.
PLA T MAP
Ll:J.d1..I..I.~ 1"'\ I.. L-JL-.J.oI.. I I I liolpl..lll LlI
-, -~g'Th. ---, ATLANTIC -
R45
I- ~ ;1; :f:,17 r~i · · ';1, :lrImrnrn
~ I .. 0 -3) t.. 5. I : . !:!!:2i:
i :>:! " Ail': I I" . ~
.... n~ , <I ., 7---
. '.':11 BLOCK :5 ,~ r. ,. .~~.
~ ~ @ II' .... , I" tl) ~E::::::(2 : <I C:::J3
cr Z 2 II' ," 23.72)' I : :
: (1-3) i.7 .., .... .\ : .: I:
. .... ,~
" I . ,
· . I . '.. .... I . [ill] L
. . J9 . " _
... , . III t. . t
, .,.' <<.....,.. ~ ~. .' ...
- -;-;: - -,;".!+:'- - s. Ii;' :; "~.';". - - - E3l
;; t:::: ::::::i I R M - 6 I :UB '(ft :/. ~ I ,. ,
~ !(-: I Zi}--I JIJ
:: I BLK 22 10-38 =
I I'"
. ~ , ""'~ .
14 .... ,,.. 30 4
: .~n "LRJ y ~~4C~ :';~;
, , I - :rZZ) II> . ,. 1
:~i ':1 TOWN OF DELR~' If: ,~
. ." '1'... ~. ~ C=:l a I. 18 S
~ ..... f ". ... 'J' l1li. .
~ sw rr;-2n.
....... . . ';"~Trrr. aTrW' a "'u I' 'a ITrlr
Is '1' "1' 'I 1~4
'~F /. . . .. '-.:......:. ~
I' (A V R . I : ' 1 SIIR _.' . 3~
~ u... _ u . ~
" . . . N' , , . 2 ' I I ' (II
'AC I J ~Ql A E I I : : I ~~ ~ 1 @ i ;... I.
= ; F==("IS~. 23., 31
, i,. ~01 ~ I ~ ..~ I : : I . TI 0 nl, I
I'" . ... I : , ~ . ' ~ Q
~ r .. :. ~ mrr m I ::fJ:. I.'; I (I - 3) ~"-
3)
14
- -- ~---
#
~
J
. .
: ...
. .
~
~
. -,.......
,
l'\
(r!
[IT, DF DElAAY BEA[H
CITY ATTORNEY'S OFFICE 20ll NW 1st AVENUE. DELRAY BEACH, FLORIDA 33444
FACSllvllLE 4U7/278-4755 Wr~ter.B D~rect L~na
DELRA Y BEACH (407) 243-7090
F l 0 It I lJ i\
bed
AII.America City
, ~ II I: MEMORANDUM
Date: August 10, 1994
199\
To: City Commission
Assistant City Attorn~
From: David N. Tolces,
Subject: Resolution of Necessity Authorizing the Filing of
Eminent Domain Proceedings for a Parcel Required
for s.w. 10th Avenue
This attached resolution authorizes the City Attorney's
Office to proceed with the acquisition of the last parcel
needed for the construction of s.w. 10th Avenue. The
attached map shows the location of the parcel to be
acquired.
Please call if you have any questions.
DNT: smk
Attachments
cc: David T. Harden, City Manager
Sharon Morgan, City Clerk's Office
Dan Beatty, Assistant City Engineer
swlOth-6.dnt
@ Printed on Recycled Paper <tJ
,
.
"
---------
"
Ii
:1 RESOLUTION NO. 69-94
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AUTHORIZING THE ACQUISITION OF I
CERTAIN REAL PROPERTY, AS MORE PARTICULARLY DESCRIBED
HEREIN, FOR THE PUBLIC PURPOSE OF CONSTRUCTING
SOUTHWEST 10TH AVENUE FROM LINTON BOULEVARD TO
SOUTHWEST 10TH STREET, FINDING THAT THE ACQUISITION
OF SAID PROPERTY IS REASONABLY NECESSARY FOR THE I
CONSTRUCTION OF SOUTHWEST 10TH AVENUE, PROVIDING THAT I
IN THE EVENT EMINENT DOMAIN PROCEEDINGS ARE
NECESSARY, THE CITY ATTORNEY IS AUTHORIZED TO RETAIN
THE SERVICES OF APPRAISERS, EXPERTS IN OTHER
DISCIPLINES, AND PRIVATE COUNSEL TO ASSIST THE CITY
ATTORNEY IN THIS MATTERj PROVIDING AN EFFECTIVE DATE;
AND FOR OTHER PURPOSES.
WHEREAS, the City Manager of the City of Delray Beach has
recommended the acquisition of certain real property to be utilized
for the construction of Southwest 10th Avenue from Linton Boulevard to
Southwest 10th Street; and
WHEREAS I it is necessary that the City acquire the
hereinafter described property in order to construct and improve said
roads; and
WHEREAS, the City Commission finds that the acquisition of
the hereinafter described property for the construction of Southwest
10th Avenue from Linton Boulevard to Southwest 10th Street, and
related purposes is a public necessity and essential to the interests
of the residents of the City of Delray Beach, Florida; and
WHEREAS, in order to accomplish the acquisition of the
needed property I it is necessary for the City Manager and City
Attorney to take legal action and to employ real estate appraisers,
experts in other disciplines and private counsel to assist the City
Attorney in this matter.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. The City Commission adopts and ratifies those
matters set forth in the foregoing recitals.
Section 2. The City Attorney is authorized and directed to
employ real estate appraisers for the purpose of securing appraisals
of the value of the property hereinafter described for the purpose -.,.;:
u.....
acquiring said property.
,
-
~--- ._-~--- ~._-_.~------_._----
Ii Section 3 . The City Attorney is authorized and directed to
i!
proceed to take all necessary steps, including the hiring of
appraisers, accountants, and experts in other disciplines whom the
City Attorney deems are necessary for the adequate and complete
representation of the City in this matter, in order for the City of
Delray Beach to acquire in its own name by donation, purchase or I
eminent domain proceedings pursuant to Chapters 73, 74 and 166, i
Florida Statutes, fee simple title to the property, as more I
particularly legally described as follows: I
I
See Exhibit "A" attached hereto. I
The City Attorney is further authorized to have prepared in the name
I
of the City of Delray Beach all papers, pleadings and other I
instruments required for that purpose and to see that all eminent i
i
domain proceedings are prose'cuted to judgment. The City Attorney is
authorized to retain outside counsel as independent counsel in this
matter.
Section 4. The City Attorney is hereby authorized and
directed to take such further actions as are reasonably required to
fully accomplish the purposes hereinabove directed.
Section 5 . This resolution shall take effect immediately
upon passage.
PASSED AND ADOPTED in regular session on this the 16th day ,
I
of August, 1994.
~~
" MAY &7R
ATTEST:
W'Mo'llJ1!:!li ~ lit{ / ~
City C erk
- 2 - ~. -_...- t\tc
,
- ~
-
- -
,-----.-..----.-----.,.------
I EXHIBIT "A"
THAT PORTION OF THE FOLLOWING DESCRIBED PROPERTY:
(PER OFFICIAL RECORDS BOOK 3158 AT PAGE 1095)
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 EASTj RUN SOUTHWESTERLY ALONG SAI D EAST LINE A DISTANCE OF
427 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTIONj THENCE IN AN
EASTERLY DIRECTION AT AN ANGLE OF 108 DEGREES 01'03" MEASURED FROM
SOUTHWEST TO THE EAST, A DISTANCE OF 386.41 FEETj THENCE IN A
SOUTHERLY DIRECTION AT AN ANGLE OF 94 DEGREES 14'27" MEASURED FROM THE
WEST TO THE SOUTH A DISTANCE OF 51.14 FEETj THENCE WESTERLY AT AN
ANGLE OF 91 DEGREES 59'30" MEASURED FROM NORTH TO WEST A DISTANCE OF
424.24 FEET TO A POINT IN THE SAID EAST LINE OF GERMANTOWN ROADj AND
AT AN ANGLE OF 65 DEGREES 45'00", A DISTANCE OF 102.0 FEET TO THE
POINT OF BEGINNING. ALL OF THIS DESCRIPTION BEING A PART OF LOT 30,
SECTION 20, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY,
FLORIDA, PLAT BOOK 1 , AT PAGE 4, AND LOT 8, BLOCK D, OF THE
SUBDIVISION OF SUNNY ACRES, PALM BEACH COUNTY, FLORIDA, PLAT BOOK 21,
AT PAGE 63.
WHICH LIES WITHIN 30.00 FEET WEST OF THE 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 NORTH 00 DEGREES 23' 12" EAST 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.
- ::: - "- --
---- - .....-
.,
U--0 I
,
. - - ------ ,
, , I
0-0' I -~- !Ilr
i,,: "I
'. I',
,
--- :-:':::f:
ci1Q\ I,:~n
--:....-- I., '~- f',<': ~
, I
. o;;;':ill
I.,.... I
, I
' ,
011
:or ,
I I
~ ~--, I I
I
I
R 0 VI
-""0
~ ~
0
i ......
0
-l
:r:
---- ---
::P-
<
fTl
~----------
. (: , , I [ S r lit [ [ r
, "c c ( , 3 T III A C r
I ..---
I ---.,---
,
,
1_- ---- --
,
r
I
I
,
;
"
II --
1-.:\ ----. --.._--
------ -_. --------- I
----- I
I
I
\
,AVENUE I
a,UEENS -"---.-. .'.---~--~-- ,_____ _-2 J DIXIE BOULEVARD
.--.- -- --.... ------ I
I
,
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # f;J. - MEETING OF AUGUST 16, 1994
RATIFICATION OF SCRWTD BOARD ACTIONS OF JULY 21, 1994
DATE: AUGUST 12, 1994
This is before the Commission to ratify the South Central
Regional Wastewater Treatment and Disposal Board actions agreed
upon at the July 21, 1994 meeting.
The Board approved the 1994/95 Budget, Capital Projects, Capital
Assets, and Repair and Replacement expenditures, which will
become effective upon ratification by the City of Delray Beach
and the City of Boynton Beach in independent session.
Recommend ratification of the action taken by the South Central
Regional Wastewater Treatment and Disposal Board on July 21,
1994.
.
.
RA TIFICA TION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF JULY 21, 1994
WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did
on July 21, 1994, by a vote of 7-0, approve to expend $3,525 from the Repair and
Replacement Fund to repair existing paco pump for reuse water system in old effluent
building.
WHEREAS, said Board action requires ratification by the City of Boynton Beach and
the City of Delray Beach.
NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify
said Board action independently.
The above action is hereby rarified in The above action is hereby ratified in
open session by the City of Boynton open session by the City of Delray
Beach this _ day of , Beach this _ day of ,
_, by a _ vote. _, by a _ vote.
CITY OF BOYNTON BEACH CITY OF DELRA Y BEACH
By: By:
Mayor Mayor
Attest: Attest:
City Clerk City Clerk
Approved as to form: Approve as to form:
City Attorney City Attorney
'.
.
RA TIFICA TION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF JULY 21, 1994
WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did
on July 21, 1994, by a vote of 7-0, approve to expend $1,750 from the Repair and
Replacement fund to replace drive motor and impeller for reuse water system in
equalization building.
WHEREAS, said Board action requires ratification by the City of Boynton Beach and
the City of Delray Beach.
NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify
said Board action independently.
The above action is hereby rarified in The above action is hereby ratified in
open session by the City of Boynton open session by the City of DeJray
Beach this _ day of , Beach this _ day of ,
_, by a _ vote. _, by a _ vote.
CITY OF BOYNTON BEACH CITY OF DELRA Y BEACH
By: By:
Mayor Mayor
Attest: Attest:
City Clerk City Clerk
Approved as to form: Approve as to form:
City Attorney City Attorney
.
RA TIFICA TION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF JULY 21, 1994
WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did
on July 21, 1994, by a vote of 7-0, approve to expend $3300 from the Repair &
Replacement Fund to replace refrigerated sampler in pretreatment building.
WHEREAS, said Board action requires ratification by the City of Boynton Beach and
the City of Delray Beach.
NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify
said Board action independently.
The above action is hereby rarified in The above action is hereby ratified in
open session by the City of Boynton open session by the City of Delray
Beach this _ day of , Beach this _ day of ,
_, by a _ vote. _, by a _ vote.
CITY OF BOYNTON BEACH CITY OF DELRA Y BEACH
By: By:
Mayor Mayor
Attest: Attest:
City Clerk City Clerk
Approved as to form: Approve as to form:
City Attorney City Attorney
.
RA TIFICA TION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF JULY 21, 1994
WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did
on July 21, 1994, by a vote of 7-0, approve to accept the 1994/95 Budget, Capital
Projects, Capital Assets, and Repair and Replacement expenditures with the exception
of amendments that will be discussed at a special meeting.
WHEREAS, said Board action requires ratification by the City of Boynton Beach and
the City of Delray Beach.
NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify
said Board action independently.
The above action is hereby rarified in The above action is hereby ratified in
open session by the City of Boynton open session by the City of Delray
Beach this _ day of , Beach this _ day of ,
_, by a _ vote. _, by a _ vote.
CITY OF BOYNTON BEACH CITY OF DELRA Y BEACH
By: By:
Mayor Mayor
Attest: Attest:
City Clerk City Clerk
Approved as to form: Approve as to form:
City Attorney City Attorney
,
PAGE 01
SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD
ANNUAL BUDGETS: ACTUAL, BUDGETED,PROJECTED
1991 - 1995
DESCRIPTION 1990-91 1991-92 1992-93 1993-94 1993-94 1994-95
ACTUAL ACTUAL ACTUAL BUDGET PROJECTED BUDGET
SUMMARY TOTALS
PERSONNEL SERVICES $1,176,339 $1,045,257 $1,005,325 $1,109,250 $1,074,500 $1,137,250
OPERATING EXPENSES: 1,775,681 1,525,630 1,476,738 1,729,000 1,608,000 1,793,000
SERVICE CONTRACTS
MAINTENANCE ACCOUNTS
CHEMICALS, SUPPLIES
TOTAL PERSONNEL AND
OPERATING EXPENSES 2,952,020 2,570,887 2,482,063 2,838,250 2,682,500 2,930,250
OPERATING CONTINGENCY 0 0 0 50,000 0 50,000
ENGINEERING 132,867 45,067 68,790 288,000 100,000 130,000
TOTAL BUDGET $3,084,887 $2,615,954 $2,550,853 $3,176,250 $2,782,500 $3,110,250
=========== ----------- ----------- ----------- =========== ===========
----------- ----------- -----------
DRAFT 05:08/94
,
PAGE 02
SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD
PERSONNEL
ACCOUNT
NO. DESCRIPTION 1990-91 1991-92 1992-93 1993-94 1993-94 1994-95
ACTUAL ACTUAL ACTUAL BUDGET PROJECTED BUDGET
1212 REGULAR WAGES $840,485 $729,086 $722,435 $766,000 $725,000 795,000
12121 SICK LEAVE REDUCTIONS 9,920 2,404 0 3,000 1,000 3,000
12122 PAYROLL CONTINGENCY 338 999 739 1,500 2,500 1,500
1214 OVERTIME 37,128 47,500 42,519 40,000 50,000 40,000
12151 EMPLOYEE ASSIST. PROG. 691 541 717 750 500 750
1221 SOCIAL SECURITY 71,154 61,761 60,133 63,000 60,000 70,000
1223 HEALTH INSURANCE 70,489 54,552 54,363 62,000 66,000 65,000
12231 DENTAL INSURANCE 6,498 6,029 6,173 6,000 5,000 7,000
12232 DISABILITY INSURANCE 8,325 6,649 5,380 7,500 2,000 8,000
12233 LIFE INSURANCE 2,060 1,529 2,334 2,000 2,000 2,000
1224 WORKERS' COMPENSATION 29,929 17,851 23,015 48,000 47,000 50.000
1225 UNEMPLOYMENT 885 3,565 4,482 4,500 8,500 10,000
1236 PENSION 60,958 77,958 58,035 80,000 80,000 85,000
TOTAL PERSONNEL
SERVICES $1,138,860 $1,010,424 $980,325 $1,084,250 $1,049,500 $1.137,250
----------- =========== ----------- ----------- ----------- -----------
----------- ----------- ----------- ----------- -----------
DRAFT 05:
,
SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD
PERSONNEL
---
1994-95
ACCT. NO. ACCT. TITLE DESCRIPTION BUDGET
1212 REGULAR WAGES Base wages - 23 Employees $795,000
4 Administrative
4 Lab & pretreatment
10 Operations
5 Maintenance
Includes 3.5% merit pay increase
12121 SICK PAY REDUCTIONS Employees have the annual option to 3,000
cash out (at 50% payment) all sick days
in excess of fifteen (15) accrued in sick
day bank.
12122 PAYROLL CONTINGENCY Employee annual appreciation dinner 1,500
and luncheons (i.e.: retirements,
recognitions, and safety awards).
1214 OVERTIME Shift coverage as required for plant
operations. Employees working over
40 hours per week (excluding sick hours)
are paid at time and a half.
12141 Hurricane Watch $3,000
12142 Maintenance 5,000
12143 Shift 1 Coverage 5,000
12144 Shift 2 Coverage 5,000
12145 Shift 3 Coverage 5,000
12146 Training 2,000
12147 Administration 1,000
12148 Holiday Coverage 12,000
12149 Lab/Pretreatment 1,000
12150 Operations 1,000
40,000
based on individual reviews.
12151 EMPLOYEE ASSISTANCE Board cost: $2.15 per employee per
PROGRAM month. Provides family counseling and 750
referral services to employees and their
families.
1221 SOCIAL SECURITY/ Employer's estimated cost: 8% 70,000
MEDICARE currently = Social Security - 6.2%;
Medicare - 1.45%.
1223 BLUE CROSS/BLUE SHIELD Board cost per employee is estimated @ 65,000
HEALTH INSURANCE $220.00 monthly. (Dependent coverage
not provided by Board).
12231 DENTAL INSURANCE Board cost per employee: $24.60 monthly 7,000
(Dependent coverage not provided by
Board).
--_...-. ... .--.- .
.,
.
12232 DISABILITY INSURANCE Long term disability insurance provided 8,000
by the Board at approximately 1 % of 40 hour
base pay per employee.
Cost: $0.95/$100.00 compensation.
12233 LIFE INSURANCE Board provides $10,000 life insurance. 2,000
1224 WORKERS' COMPENSATION Cost per employee based on a 40 hour 50,000
base pay.
1225 UNEMPLOYMENT Wages applicable to unemployment taxes 10,000
at current rate of .0110%
1236 PENSION Defined Board contribution based on 40 85,000
hours base pay for participants.
TOTAL PERSONNEL $1,137,250
----------
----------
_.-. ..-- ."
.
,
PAGE 03
SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD
SERVICES
ACCOUNT
NO. DESCRIPTION 1990-91 1991-92 1992-93 1993-94 1993-94 1994-95
ACTUAL ACTUAL ACTUAL BUDGET PROJECTED BUDGET
3100 MEDICAL SERVICES $31 $609 $397 $1,000 $3,000 $3.000
3110 LEGAL (GENERAL & ADMIN) 30,452 39,885 21,440 40,000 40,000 40,000
3112 LEGAL (TOXICITY) 36,443 17,299 482 10,000 0 5,000
3120 SERVICES (G & A) 19,564 20,776 8,307 29,000 54,000 21,000
3200 AUDITING 16,497 16,220 14,016 20,000 20,000 20,000
3400 PRETREATMENT 8,328 6,524 6,726 9,000 9,000 9,000
3402 TOXICITY TESTING 14,375 29,538 27,854 35,000 30,000 35,000
3404 CHEMICAL ANALYSIS 2,145 2,644 2,009 3,000 5,000 5,000
3406 METER CALIBRATION 7,028 4,661 7,705 10,000 5,000 5,000
3410 SLUDGE HAULING 564,572 407,288 392,278 450,000 330,000 400,000
3411 GRIT HAULING 20,897 23,537 24,000 25,000 30,000 30,000
3412 TRASH HAULING 1,068 2,670 1,519 2,000 2,000 2,000
3500 SERVICES (0 & M) 17,687 57,547 91,349 69,000 64,000 70,000
.
TOTAL SERVICES $739,087 $629,198 $598,082 $703,000 $592,000 $645,000
----------- ----------- =========== =========== =========== -----------
----------- ----------- -----------
DRAFT 05: 8/94
.,
OPERATING EXPENSES: SERVICES; MAINTENANCE; CHEMICALS & SUPPLIES
SERVICES
1994-95
ACCT. NO. ACCT. TITLE DESCRIPTION BUDGET
3100 MEDICAL SERVICES Employee physicals, drug screens, on-site flu $3,000
and tetanus shots
3110 LEGAL (ADMIN & LABOR) Attorney fees:
31101 Admin - Federspiel $30,000
31102 Labor - Carson, Linn, & Adkins 8,000
31103 Pension - August & Com iter 2,000
--- 40,000
3112 LEGAL (TOXICITY) Continuing Operational Permit Legislation
31121 Federspiel 1,000
31124 Messer, Vickers 4,000
5,000
3120 SERVICES: 31201 Accounting & Bookkeeping 7,000
General & Administrative, 31202 Computer Consultant 5,000
Professional, & Maintenance 31203 Lobbyist 5,000
31206 Copier Maint. Contract 2,000
31208 Others 2,000
21,000
3200 AUDIT FEES 32001 Annual Audit 20,000
20,000
.
3400 PRETREATMENT PROGRAM Monitoring of program; required quarterly 9,000
effluent; influent and sludge priority
pollutant scans.
3402 TOXICITY TESTING EPAlDER: Discharge permit will require
bimonthly acute toxicity testing ($25,000) 35,000
& quarterly chronic toxicity testing ($10,000)
3404 SLUDGE, LIQUID, CHEMICAL (1) fecal, copper, and cyanide - monthly; (6) 5,000
ANALYSIS TESTING heavy metals.
(2) grease samples and 1 distilled water
yearly
3406 METER CALIBRATION Calibration of transmitters, totalizers, 5,000
FLORIDA SERVICE recorders, and flowmeter pump as required.
3410 SLUDGE HAULING $22.00/1,000 gallons hauled. Est. 8 to 9 400,000
loads per day average.
3411 GRIT HAULING 75 trips @ $400,00 per trip. 30,000
,
.
3412 TRASH AND HAULING $50.00 per month plus additional tipping fee 2,000
for trash hauling.
3500 SERVICES: 35001 Centrifuge 15,000
Operations, Maintenance, & 35002 Air Scrubbers 2,000
Professional 35003 Generators 2,000
35004 Lawn Maintenance 40,000
35005 Admin. Building Cleaning 8,000
35006 Lab Equipment Calibration 2,000
35008 Other 1,000
- 70,000
TOTAL SERVICES $645,000
----------
----------
PAGE 04
SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD
OPERA TIONSIMAINTENANCE
ACCOUNT
NO. DESCRIPTION 1990-91 1991-92 1992-93 1993-94 1993-94 1994-95
ACTUAL ACTUAL ACTUAL BUDGET PROJECTED BUDGET
4000 VEHICLE EXPENSE $6,996 $6,657 $6,548 $8,000 $8,000 $9,000
4020 BOARD CONTINGENCY $9,513 $1,173 $2,394 $7,000 $4,000 $7,000
4100 TELEPHONE 9,158 8,957 9,234 10,000 12,000 12,000
4300 ELECTRICITY 456,390 508,265 414,948 450,000 400,000 450,000
4302 WATER CONSUMPTION 8,930 5,870 10,130 9,000 11,000 12,000
4400 EQUIPMENT RENTAL 520 222 425 2,000 22,000 2,000
4500 INSURANCE 81,089 84,098 84,726 92,000 94,000 104,000
4600 M & R EQUIPMENT 127,747 55,814 57,859 60,000 44,000 60,000
4620 M & R VEHICLES 5,130 6,204 6,126 7,000 9,000 9,000
4630 M & R GROUNDS 2,959 1,185 2,000 3,000 2,000 3,000
4640 M & R BUILDINGS 13,083 5,085 18,780 15,000 10,000 15,000
4650 M & R UNSPECIFIED 19,623 22,992 6,126 20,000 30,000 20,000
4900 ADVERTISING 1,115 556 201 2,000 1,000 1,000
4902 LICENSE & PERMITS 2,609 8,931 4,573 8.000 5,000 5,000
5400 MEMBERSHIP DUES & SUBSCRIPTION 2,123 2,271 3,030 5,000 5,000 5,000
5410 TECHNICAL TRAINING 8,706 5,161 5,070 10,000 3,000 10,000
5420 EDUCATIONAL EXPENSES 3,786 4,637 1,112 4,000 1,000 4,000
TOTAL OPERA TIONSIMAINT. $759,477 $728,078 $633,282 $712,000 $661,000 $728,000
=========== ----------- ==========- ==========::1 ==========~ ===========
-----------
DRAFT 04: 07/94
,
.
OPERATING EXPENSES: SERVICES; MAINTENANCE; CHEMICALS & SUPPLIES
OPERATIONS/MAINTENANCE
-
1994-95
ACCT. NO. ACCT. TITLE DESCRIPTION BUDGET
4000 VEHICLE EXPENSE Lease vehicle; Mileage reimbursement @
$0.20/mile; Fuel for 3 pickup trucks and
1 leased automobile.
40001 Leased Vehicle $4,000
40002 Mileage Reimbursement 2,000
40003 Fuel for Vehicles 3,000
$9,000
4020 BOARD CONTINGENCY Public relations, good will tours, floral
arrangements or fruit baskets, cards for
illnesses or funerals, and miscellaneous
business expenses:
40201 Board Expense: Appreciation 2,000
40202 Board Expense: Meals and Entertain-
ment 2,000
40204 Board Expense: Travel, Lodging 3,000
7,000
4100 TELEPHONE EXPENSE Monthly base fees and long-distance usage 12,000
including Fax machine and 1 cellular phone.
4300 ELECTRICITY $0. 05 per KWH plus surcharge for peak 450,000
usage. .
4302 WATER CONSUMPTION Budgeted for 1,200,000 gallons monthly 12,000
@ $0.70 per 1,000 gallons (estimate).
4400 EQUIPMENT RENTAL Cranes, various equipment, and instru- 2,000
ments as required in maintenance and
operations.
4500 INSURANCE EXPENSE 45001 Property Liability Package 50,000
45002 Vehicle Insurance 10,000
45003 Public Officials and Employees 8,000
Liability
45004 Fidelity and Public Officials Bond 1,000
45005 Pollution Liability 35,000
104,000
.,
4600 M & R EQUIPMENT Annual repair items for pumps and plant
equipment:
46001 Influent Building 7,000
46002 Aerators 3,000
46003 Blower Building 5,000
46004 Scrubbers 3,000
46005 Clarifier 5,000
46006 Return Building 3,000
46007 Chemical Building 12,000
46008 Chlorination 5,000
46009 EQ Building 2,000
46010 Effluent Building 5,000
46011 Shop Building 1,000
46012 Office Building 2,000
46013 Dechlorination 2,000
46014 Miscellaneous 5,000
60,000
4620 M & R VEHICLES Annual repairs for vehicles:
46201 Trucks and Tractor 2,000
46202 Leased Auto 500
46203 Service Carts 3,500
46204 Boom Truck 2,000
46205 Other 1,000
9,000
4630 M & R GROUNDS Landscaping. sprinkler systems, retention 3,000
ponds. piping, fertilizer. etc.
4640 M & R BUILDINGS Painting. Repair or replacement of doors. 15,000
screens. locks, windows, ceiling tiles.
electrical. plumbing. and lighting. .
4650 M & R UNSPECIFIED Funds for emergency or unidentified 20,000
equipment deficiencies that require upgrade
or improvement in operation.
4900 ADVERTISING Advertisement and legal ad allowance 1,000
related to plant operation or bids and
public notices.
4902 LICENSES AND PERMITS Radio FCC license; P. B. County 5,000
Health Department license;
FEC Railroad Crossing permit;
Operational permit fees. Lab permits. Air
Pollution - P. B. County Health Department;
Stormwater Utility Assessments.
5400 MEMBERSHIP DUES AND Dues - Professional organizations (FWPCOA. 5,000
SUBSCRIPTIONS WPCF. AMSA). Professional Registration
Journals. Newspapers. Personnel. and Human
Resources subscriptions and Dues.
Operational subscriptions and Dues; Safety
Council.
. ----...
,
5410 TECHNICAL TRAINING Operators' Short Schools, Regional schools,
lab Technical, and Quality Assurance
Short Schools; Personnel Seminars;
Computer Classes; WPCF Convention;
Technical Schools; Annual Conference.
54101 Conferences 2,000
54102 Meals 3,000
54103 Travel & Lodging 5,000
- 10,000
5420 EDUCATIONAL EXPENSES Classes, books, and fees. 4,000
TOTAL OPERATIONS/MAINT. $728,000
----------
----------
.
,
PAGE 05
SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD
CHEMICALS AND SUPPLIES
ACCOUNT
NO. DESCRIPTION 1990-91 1991-92 1992-93 1993-94 1993-94 1994.95
ACTUAL ACTUAL ACTUAL BUDGET PROJECTED BUDGET
5100 OFFICE SUPPLIES 7,215 5,739 8,978 9,000 7,000 9,000
5201 SAFETY SUPPLIES 14,442 5,327 3,258 5,000 5,000 5,000
5202 GENERAL OPERATING 16,337 16,504 15,112 15,000 13,000 15,000
5203 JANITORIAL SUPPLIES 4,890 1,817 1,553 3,000 2,000 3,000
5204 LABORATORY SUPPLIES 16,839 16,489 19,188 25,000 25,000 30,000
5210 CHEMICALS 191,473 109,734 175,076 222,000 274,000 320,000
5220 OIL, FUEL, LUBRICANTS 6,727 3,372 5,132 15,000 10,000 15,000
5230 CONSTRUCTION MATERIALS 2,749 96 674 3,000 4,000 4,000
5240 UNIFORM EXPENSES 4,488 3,354 4,263 4,000 5,000 6,000
5250 SMALL TOOLS < $500 7,347 1,802 5,389 5,000 4,000 5,000
5251 OFFICE EQUIPMENT < $500 2,488 1,625 2,507 3,000 3,000 3,000
5252 LAB EQUIPMENT < $500 2,122 2,495 4,244 5,000 3,000 5,000
.
TOTAL CHEMICALS AND SUPPLIES $277,117 $168,354 $245,374 $314,000 $355,000 $420.000
=========== =========== =========== =========== ----------- -----------
----------- -----------
OPERATING EXPENSES (SUMMARY)
SERVICE CONTRACTS $739,087 $629,198 $598,082 $703,000 $592,000 $645.000
OPERA T10NSIMAINTENANCE 759,477 728,078 633,282 712,000 661,000 728,000
CHEMICALS & SUPPLIES 277,117 168,354 245,374 314,000 355,000 420,000
TOTAL OPERATING EXPENSES $1,775,681 $1,525,630 $1,476,738 $1,729,000 $1,608,000 S 1793,000
----------- =========== =========== =========== ----------- -----------
----------- ----------- -----------
DRAFT 05: 08/95
,
OPERATING EXPENSES: SERVICES; MAINTENANCE; CHEMICALS & SUPPLIES
CHEMICALS AND SUPPLIES
--
1994-95
ACCT. NO. ACCT. TITLE DESCRIPTION BUDGET
5100 OFFICE SUPPLIES Annual projection: Postage. copier paper, $9,000
stationery, business cards, check printing,
general office supplies, & necessities.
5201 SAFETY SUPPLIES Gloves, protective glasses, face shields, 5,000
hearing protection, overboots, ear-plugs,
muffs, emergency eye wash station,
emergency showers, cartridge respirators,
gas cartridge, sterile storage bags for resp-
irators, disinfection systems for respirators,
fit test ampoules, respirator storage cabinets,
disposal respirators, chemical spill absorb-
ents, oil sorbent, liquid chemical neutralizers,
barricade tape, hazardous materials response
kit, salvage drum, diffusion detector tubes,
signs, labels, tags, first aid supplies, fire
extinguishers and accessories, hazardous
area lights, emergency small tools, safety
charts, books.
5202 GENERAL OPERATING Operating supplies, raingear, hard-hats, 15,000
SUPPLIES boots, drager tubes, gloves, hoses,
firehoses, chart pens, charts, .
sludge jugs, flags, coffee supplies, water
cooler supplies, batteries, hurricane supplies,
and other miscellaneous supplies.
5203 JANITORIAL SUPPLIES Mops, brooms, paper goods, brushes, all 3,000
necessary janitorial cleaning supplies.
5204 LABORATORY SUPPLIES Laboratory upgrades and replacements. 30,000
Reagents, glassware, replacement of equip-
ment, apparatus. Lab supplies consumed by
testing procedures including Chlorine Testing.
5210 CHEMICALS 52101 Polymer: 26,000 Ibs @ $1.67/lb. $45,000
52102 Lime: Calculated 650 tons @ $90.00 60,000
per ton.
52103 Chlorine: 400 tons @ $400.00Iton. 160,000
52104 Biosulfite: 9 shipments @ $4,500. 40,000
52105 Misc. Chemicals 15,000
- 320,000
5220 OIL, GREASE, DIESEL, AND 10,000 gallons Diesel fuel for generator. gas, 15,000
LUBRICANTS grease, oil, and lubricants for pumps and
mowers.
5230 CONSTRUCTION MATERIAL:. Walkways, signs, fencing, rails. platforms, 4.000
small shelters, concrete, etc. Additional office
and storage units.
,
.
5240 UNIFORMS Board participates 50% in uniform rental. 6,000
Board cost: $3.75/week. Cost to purchase 7
pants and 7 shirts provided on a one-time
basis cost of $225.00 per employee.
(Provides 3 new sets each year: $100.00).
Annual work shoe allowance: $75.00 per
employee per year. Annual prescription Safety
Glasses: $75.00.
5250 SMALL TOOLS AND EQUIP- Handtools, drills, bits, files, small toolboxes, 5,000
MENT PURCHASE electrical equipment, and small maintenance
tools < $500.00 value.
5251 OFFICE EQUIPMENT Filing cabinets, chairs, calculators, adding 3,000
machines, office mats, shelves, printers,
tables < $500.00 value.
5252 LAB EQUIPMENT Magnetic stirrers, automatic titration attach- 5,000
ment, oxygen probe, and small equipment
< $500.00 value.
TOTAL CHEMICALS AND
SUPPLIES $420,000
----------
----------
.
"
.
PAGE 06
SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD
OPERATING CONTINGENCY
ACCOUNT
NO. DESCRIPTION 1990-91 1991-92 1992-93 1993-94 1993-94 1994-95
ACTUAL ACTUAL ACTUAL BUDGET PROJECTED BUDGET
4990 OPERATING CONTINGENCY $0 $0 $0 $50,000 $0 $50,000
TOTAL OPERATING CONTINGENCY $0 $0 $0 $50,000 $0 $50,000
=========== ----------- ----------- ----------- =========== ===========
----------- ----------- -----------
DRAFT 04: 07/94
.
"
.
OPERATING CONTINGENCY
OPERATING CONTINGENCY
1994-95
ACCT. NO. ACCT. TITLE DESCRIPTION BUDGET
4990 OPERATING CONTINGENCY To be utilized as a supplement for any line $50,000
items which are exceeded during the budget
year. Status of this Fund to be reported to
Board.
.
"
.
PAGE 07
SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD
ENGINEERING
ACCOUNT
NO. DESCRIPTION 1990-91 1991-92 1992-93 1993-94 1993-94 1994-95
ACTUAL ACTUAL ACTUAL BUDGET PROJECTED BUDGET
3150 GENERAL $106,314 $33,625 $63,831 $183,000 $100,000 $125,000
3160 BIOTOXICITY 17,249 3,753 0 100,000 0 0
3162 PRETREATMENT 9,304 7,689 4,959 5,000 0 5,000
TOTAL ENGINEERING $132,867 $45,067 $68,790 $288,000 $100,000 $130,000
----------- ----------- =========== ----------- =========== -----------
----------- ----------- ----------- -----------
DRAFT 04: 07/94
.
,
ENGINEERING
ENGINEERING
1994-95
ACCT. NO. ACCT. TITLE DESCRIPTION BUDGET
3150 GENERAL 31501 Permit Assistance $25,000
31502 Process Control 35,000
31503 Alarm Evaluations 10,000
31504 Outfall Evaluations 50,000
31506 Chemical Audit 5,000
- $125,000
3162 PRETREATMENT 5,000
TOTAL ENGINEERING $130,000
----------
----------
.
,
.
PAGE 01
SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD
CAPITAL PROJECTS
1994 - 1995
01. Install Alka Pro Systems in A & B Plants $195,000
02. Reuse Water Expenses: 1,000,000
Engineering, Legal, Etc.
-------------------
TOTAL CAPITAL PROJECTS BUDGET $1,195,000
-----------
-----------
.
DRAFT 03: 08/94
,
.
PAGE 02
SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD
CAPITAL ASSETS
1994 - 1995
01. AC Unit: B Plant RAS Switchgear Room. $1 ,000
02. AC Unit: Centrifuge Control Panel. 4,000
03. Tractor with Backhoe and Front-end 23,000
Loader.
04. Pressure Cleaner. 3,000
05. Belt Sander. 2,000
06. Computer Hardware 1,000
--------
TOTAL CAPITAL ASSETS BUDGET $34,000
-----------
-----------
.
DRAFT 03: 08/94
;-- --. -- ~ -
,
PAGE 03
SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD
REPAIR AND REPLACEMENT
1994 - 1995
01. Replace Submersible Pump - Sump Pit $2,000
Lift Station.
02. Replace Waste Pump - B Plant RAS Bldg. 15,500
03. Replace Control Panel - Master Lift Station. 3,000
04. Replace Centrifuge Sludge Pump. 11,000
05. Replace Chlorine System (Including Engineering, 120,000
Legal, and Misc.).
06. Replace Grit Pump. 9,000
07. Replace One (1) Influent Sampler. -4,000
08. Replace BOD Incubator. 4,000
.
09. Replace Lab Scale. 4,500
10. Paint Inside Chemical and Influent Bldgs. 50,000
11. Replace Roof: Administration Bldg. 30,000
12. Replace Centrifugal Oil Circulation Pump and
Motor. 2,000
-------------------
TOTAL REPAIR AND REPLACEMENT BUDGET $255,000
-----------
-----------
DRAFT 03:08/94
,
.
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # ~ f< - MEETING OF AUGUST 16. 1994
CONTROLLED BURN OF LEON WEEKES ENVIRONMENTAL PRESERVE/
THE NATURE CONSERVANCY
DATE: AUGUST 12, 1994
This is before the Commission to approve agreement with The
Nature Conservancy to conduct two controlled burns at the Leon
Weekes Environmental Preserve. This is an eleven acre environ-
mental preserve inhabited primarily by native Florida scrub
pineland.
The master plan for the site prescribes a burn be conducted to
protect the integrity of the scrub. The prescribed burn is an
essential part of the maintenance of vegetation. It allows the
present colony to maintain itself by removing undergrowth,
opening new areas of sand to allow herbaceous plants to germinate
and grow, and allowing regeneration of sand pines which rely on
the heat of the fire to germinate and release seeds.
It should be noted that a prescribed burn is conducted under
controlled circumstances, and decreases the chance of a damaging
wild fire occurring naturally.
The agreement calls for the Nature Conservancy to conduct the
first burn at a cost of $8,527.00, with the City providing a 16'
fire break around the preserve at an estimated cost of $7,150.00.
A second burn is required, and is estimated to cost significantly
less than the first.
Recommend approval of the agreement with The Nature Conservancy
for a prescribed burn at the Leon Weekes environmental preserve.
.,
[ITY DF DELRAY BEA[H
CITY ATTORNEY'S OFFICE 2(;() t'\\ b[ ,,-VENCE . DELRAY BEACH. FLORIDA 33444
L\CS;\lIU '~;)-!=78-4755 Writer's Direct Line
DElRA Y BEACH (407) 243-7091
I 1 II I: t [) ...
t&e:d MEMORANDUM
AII.America City
1 , II I '
:i ,,' Date: August 12, 1994
To: city Commission
From: Susan A. Ruby, City Attorney
Subject: Contract Between the City and the Nature Conservancy
Attached please find a revised contract between the City and
The Nature Conservancy. The contract eliminates the hold
harmless provision. By copy of this memorandum to David
Harden, City Manager, our office requests this contract be
placeg on the consent agenda for Tuesday, August 16, 1994.
~
"--', ,- /
- /
SA . ~
Attachment.
cc: David Harden, City Manager
Joe Weldon, Director of Parks and Recreation
Alison MacGregor-Harty, City Clerk
~ p."" ,'n ;C;,-,-, ',_" '.""'"
,
.
- ,
rrr~ . DF DELAAYrJ~qtH
' '. . ~
",:::".t" -~ ':or
..... _..14"':' . ,:'" ")'
.....
AJI.AJIftaClty
, III I!
1993
MEMORANDUM
TO: David Harden, City Manager
FROM: Joe Weldon, Director of Parks and Recreation
SUBJECT: Background Information on Leon Weekes Prescribed Burn
DATE: July 28, 1994
Leon Weekes is an 11 acre environmental preserve inhabited primarily by
native Florida scrub pineland. Leon Weekes Preserve was a joint
acquisition of Palm Beach County and the City of Delray Beach in 1988
and, by Agreement, the City of Delray Beach is responsible for its
operation and maintenance.
In 1992 a master plan for the site was completed by Florida Atlantic
University with a central element being that a prescribed burn be
conducted to protect the integrity of the scrub community by removing
undergrowth, open new areas of sand to allow herbaceous plants to
germinate and grow, and allow regeneration of sand pines which relies
on the heat of the fire to germinate and release seeds. Fire is an
important ecological factor in the maintenance of scrub and the
prescribed burn is an essential part of the maintenance of vegetation
and allows the present colony to maintain itself. It should be pointed
out that a prescribed burn is conducted under controlled'circumstances
and decreases the chance of a damaging wildfire occurring naturally.
Attached is an agreement with the Nature Conservancy and background
information to conduct the burn at Leon Weekes. Essentially, the
Agreement calls for the Nature Conservancy to conduct the first burn at
a price of $8,527 with the City providing a 16' swath and fire break
around the preserve at an estimat of $7,150. The Nature Conservancy
indicated the preserve would require a second burn, but estimates the
cost of the second burn to be significantly lower than the first. As a
Ten:.: E" ~: r A",:, j MATT[RS
,
.
-2-
comparison, I have attached a quote from a private firm, Forest
Resources Management, for $17,560, including perimeter and interior
fire breaks. Forest Resources Management proposes to do the burn at
one time. Of the two agencies, I feel much more comfortable with the
Nature Conservancy which is a non-profit organization committed to
protecting the environment and has been in business since 1951.
At the August 9th workshop meeting I would like to s how a short video
about the prescribed burn process and request Mr. Babb of the Nature
Conservancy to discuss the burn and the public information campaign
that is vitally important to keep our citizens informed. If they
concur, I will ask City Commission to review and give consensus on an
agreement with the Nature Conservancy.
, \ (
I
, \ \ '
\ " \ '-_~\ I 'x ""
\-Z,* '------ .~-"'l':'","'~..."
\
\
Joe W~ldon
Directbr of Parks and Recreation
Attachments
cc: Kay Brennan
Dept. of Environmental Resource Management
Pamela Post
Recreation Superintendent
JW:cp
Ref:backburn
,
.
The*,
Nature
conservanry"
Lake Wales Ridge Program
May 23, 1994
Mr .Joe Weldon
Director of Parks and Recreation
City of Delray Beach
100 NW 1st Avenue
Delray Beach, FL 33444
Dear Joe:
At long last' have completed the proposal for the Weekes Preserve burn and have had
the necessary review by our legal department. I apologize for the delay but I have
been tied up with training workshops for essentially the last month.
Please review the attached Memorandum of Understanding and budget and let me
know what you think. My attorney asks that Delray complete section A. Note in
section C.3 , have allowed a burn window of December 1, 1994 to February 28,
1995 to complete the burn. With the narrow wind limits we have prescribed, it may
be difficult to catch conditions only in December as we had discussed.
The price' have quoted to conduct this burn reflects the high level of sensitivity I am
placing on conducting a very safe burn that meets the resource objectives of a very
difficult site. It is essential that appropriate numbers of skilled people and the right
equipment is on site. With adequate planning, people, and equipment, I am absolutely
convinced this burn can be done safely and efficiently.
My next step will be to complete a detailed burn plan for the site. This will require
consultation with the Fire Department, the Division of Forestry, and the Division of
Parks and Recreation, and probably another site visit. I intend to have this completed
by August 31, 1994. I would also be glad to meet with your city commission if you
would like (July or August would work for me).
Please let me know if you have any questions. 'look forward to seeing you again this
summer.
Sincerely,
~~
RECEIVED MAY 2 5 1994: Geo frey Ba~b
Florida Fire Manager
225 E. Stuart Avenue . Lake Wales, FL 33853 . 813 678-1551 . FAX 813678-0257
,t'cydeJ (h'!lt')
,
.
.
MEMORN~DUM OF u~DERSTANDING
By and Between
CITY OF DELRAY BEACH
- And -
THE NATURE CONSERVANCY
THIS AGREEMENT made and entered into this _ day of August,
1994 by and between the CITY OF DELRAY BEACH, a political
subdivision of the State of Florida (hereinafter the "City" ) with
an address c/o Department of Parks and Recreation, 50 NW 1st Ave.,
Delray Beach, FL 33444 and THE NATURE CONSERVANCY, a nonprofit
District of Columbia corporation exempt from Federal taxation under
section 501(c) (3) of the Internal Revenue Code, with an address at
2699 Lee Road, suite 500, winter Park, Florida 32789 (hereinafter
the "Conservancy").
WIT N E S S E T H:
WHEREAS, the Conservancy's mission is to preserve plants,
animals and natural communities that represent the diversity of
life on Earth by protecting the lands and water they need to
survive; and
--------
WHEREAS, the Conservancy owns and manages the largest private
system of nature sanctuaries in the world, including over 25,000
acres in the state of Florida; and
WHEREAS, the Conservancy has expertise in certain land
management and habitat restoration practices such as prescribed
burningi and
WHEREAS, the city is the owner of the Leon M. Weekes
Environmental Preserve (the "Preserve") in Palm Beach county,
Florida, more particularly described in Exhibit "A" attached hereto
and made a part thereof; and
WHEREAS, the city desires to conduct a prescribed burn at the
Preserve, and the Conservancy currently has the experience,
personnel and equipment capable of performing prescribed burning;
and
WHEREAS, the city has requested that the Conservancy conduct
the prescribed burn at the Preserve; and
WHEREAS, in furtherance hereof, the city and the Conservancy
desire to enter into this Agreement for the purpose of reflecting
in this Agreement their working relationship and respective rights
,
.
and obligations concerning matters contained herein.
NOW, THEREFORE, in consideration of the foregoing and of the
mutual covenants hereinafter contained, and for other good and
valuable consideration, the parties hereto agree as follows:
A. .Authority:
The City has the authority to enter into this Agreement.
B. The City Agrees:
1. To provide the Conservancy with access to the Preserve to
allow the Conservancy to perform prescribed burn(s) in an
amount not to exceed eleven (11) acres of the Preserve in
the area outlined in Exhibit liB" attached hereto and made
a part hereof.
2. To establish firebreaks and trails in a location, and in
the manner, as directed by the conservancy prior to the
prescribed burn(s) .
3. To consult with Conservancy as necessary prior to, during
and after the prescribed burn(s) with respect to planning
the prescribed burn(s), preparatory work, emergency
conditions, etc.
4. To obtain and be responsible for all necessary permits
for the prescribed burn(s) as the owner of the Preserve.
'-
5~~ To not make or participate in any claim or institute or
participate in any suit or action against the
Conservancy, its employees, agents, or assigns. Nothing
contained herein shall be deemed a waiver of sovereign
immunity pursuant to section 768, Florida statutes.
6. To develop a public information plan including
notification of all appropriate parties, including
neighboring landowners potentially impacted by a
prescribed burn, and holding any appropriate meetings
necessary to adequately notify the public.
7. To provide the Conservancy, within thirty (30) days after
execution of this Agreement by the City, $8,527.00 to
cOVer the Conservancy's actual expenses for conducting
the prescribed burn(s) pursuant to this Agreement.
C. The Conservancy Aqree~:
~. To prepare the Prescribed Burn Plan for the prescribed
-2-
.
.
burn(s) at the Preserve in consultation with the city.
2. To consult with, and advise, the City on the location of
all necessary fire breaks and trails to be prepared by
the city prior to the prescribed burn(s) .
3. To perform prescribed burn(s) at the Preserve in an
amount not to exceed eleven (11) acres, in the location
set forth in Exhibit liB". The prescribed burn(s) shall
be completed in the period between December 1, 1994 and
August 31, 1995, depending on proper weather and fuel
conditions to safely and efficiently complete the
prescribed burn(s) . The decision as to the exact date of
the prescribed burn(s) shall be in the sole discretion of
the Conservancy.
4. To furnish One (l) certified Florida prescribed burn
manager and at least five (5) trained fire crew members
which shall be either Conservancy staff or volunteers and
the equipment necessary to conduct the preser ibed burn (s)
in accordance herewith.
5. To coordinate the logistics of the prescribed burn(s)
with, and secure cooperation of, other government
agencies, including, but not limited to, the city Fire
_______ Department, that may be needed for the successful
completion of the prescribed burn(s).
D. The city and Conseryancy Agree:
l. In the performance of this Agreement, employees or agents
of the Conservancy and the City are not to be considered
employees or agents af the other organization.
2. This Agreement constitutes the full, complete, and entire
Agreement between the parties hereto. No modification or
amendment of this Agreement shall be binding on either
party unless such modification or amendment shall be in
writing executed in duplicate by both parties hereto,
attached to this Agreement, and incorporated in and by
reference made a part of this Agreement.
3. Any notice required by this Agreement shall be sent
certified mail, return receipt requested, or by private
courier delivery to the parties at the addresses set out
above, and shall be deemed to have been given on the day
deposited in the u.s. mails or with the appropriate
courier.
4. Each party hereto has in effect, and shall continue in
effect for the term of this Agreement, all appropriate
-3-
,
.
worker's compensation, general liability and property
insurance coverage taking into account the activities of
each organization set forth herein.
IN WITNESS WHEREOF, the city and the Conservancy have made and
entered into this Agreement on the date hereinafter first written.
THE NATURE CONSERVANCY
WITNESSES:
By:
John R. Flicker,
Vice President
Date:
CITY OF DELRAY BEACH
By:
Title:
---- Date:
-4-
.
/
EXffiBlT A
DESCRIPTfON
THAT POIHIOr} OF LOTS 2, 7 AND 10, LYING WEST o f '\':~ I; I.'LO II t f)1\
r:^ s l' CO,\ S l' R.\ I f. no/, D. P: Tll f. SOI!Tll S^S T 0tJ^ 1\:- f.1~ ( c: I 1 I.; , n!"
MODEL I":,':~.' COt-iPM';Y' S SUCiDIVlSION OF S EC l' In" ~9, "", .":,1,' ~ S! :: ' 46
SOUTH, iV\NG E 43 l:AST, ACCORDING TO TIII~ ,)1,,\ T 1'1 i !.:;{ I'.. ) I' ^S
RECORDED IN P GA l' 800K 6, P.\GE 50, OF T[1 E: lJUr3LIC 'K l'A..' 0 R I ) ~ 01"
PALM BEACH COUNTY, FL.ORIDA, ALSO DESCR[8EO ^S:
TIJAT PORTION Ol" f",OTS 7,8 AND 9 . LYING WEST lJl" ')'i II'; I:, l;, C.
AA 1 L ROA D , SECTION 29, 1'OWNSII!P 46 SOUTH. I..f\ N G t-: 4.1 l:r, S1' ,
,\ C COR DIN G TO THf. Pl.,AT TH f. R W F AS REC(\KOF:11 IN rl.^T flClO K 1,
P!\GE 1\. Of TI,E PUf1I.IC RP.COROS OF' P^I.M BF'ACH CnlJNTY, flJO 11 ) I)^ .
U:SS TH [ NORTII 27:.!.61 F E E'I' HUNNING ALONG THl:: l,'Ll) H [ f)A F:\ST
COAST R/, I L ROA 0 WiTH A l., I N ~ LJAAWN [)^RALljr.L. TO 'l'IIE SutJ'I'll
[\OUNf)^RY OF' (,01' 2 AS RECOROF:r1 IN PL^T BOOK 6,' rl\GF: 'iO OR THE
SOUTH III ) I ) N l)A 11 Y OF' GOT 7 !\.S RECORDELJ IN PI.I\T I)()<.'lK I . P^Cl:: .1.
OF Tli E !'UBLIC RECORDS OF PAl.,M UF'.J\CH COUNTY. l.'U)ll j ;;/,.
Mf::TE:S "NO BOUNDS OEseR I P1'lON
^ i'^ fK f,1, Of L.A N f) LYING IN SECT toN 29, TOWNSIIIP 116 SOUTH,
RJ\NGF. 'i .\ V\ ~1' . P^'.H n pAC H COlJNTY fLOR L DA, GGING t-'O It E
PAR T 1 C U u\ iI. L. Y nF:SCI'l..I8r:O ^S fOl.,(,OWS:
f) f.G I NN 1 ,"~; ^T l'll~ NO 11TH fA 51' CORNEH Of TRACT !lUll AS SI\OWN ON
T RO PIC Pl\L,MS, PlAT NO. t , ACCO R() 1 NG 1'0 TIII~ I' L.^ l' TII F: Rl:"f) f . ^S
nF:CORDED IN PI,^T . nOOK ~S. PI\Gr.S 99 1'1'1 ROUGII \02. INCLUS1Vr..
~unlJ 1 r: n rc 0 rw S . f1^LM 1\1\1\ C 1\ COUNTY, fl.,O R [ ()f\ : T1-l~NCr:, A f.i\ n
N,R905A'lS''W, . ^I,ONG TH I; NORTII I., r NE Of SA 11) TMC1' \I 0 I', A
01STl\NCl~ Of ~l(),Jl fF:I'~T : T1I r.NC I~ , N.o~n4C)' JS"W., l\L.nNG I'll P- 'd 'j,,:,:;,t
F.^ S T r. ru . Y I. IN r", OF' S1\If) 1'1.1\1', ^ III STl\NC I': OF' lflOS.10 f r~ r~T TO ;f1:(~"! . ~fJ~;'
.\.~ "1;1", ., I <( .'IV '" .
'T \ \ I~. SO\l'i'\;WI~S'T <) I:' f^ \'1,5 Of lH';ljR^ Y . ^CCo'RD[NG 'l"0 TIII~ . ..'S'~ ....{.7'. .'......,
l;OI\N f.R ~t .j~.~q;;',,- ~;, ,: ~:
r L^ l' T\ \ F. n f.n r: , I\S R F"A~nnD r::n rN Plt^ T nOOK 't () . P^Gr-: l'tn, Of 51\11) :~~:~;:;~:'~.r
f11,Jf'll.fC H F:::: t) n I)~ : TIII~NC F: ,t; . l.l q,. ; ~I' I () " g. , ^ 1.0 N (j 1'1I1~ SO U 'l'll (,[Nr:
(l,' .';^ I II ;'I.^T. 1\ n r S'/'I\NC: F: ('1F' ""ll..oe "'1~I::T , Tn I'll r~ Wr:ST f.IU I Y ,., ~ ~". . -~~-
fl\ST COAST R^l'I}~I\Y: --' '''''l .... .
H(GIIT-Of-:~l\Y ;,INF: nF' TIII~ Vt,ORII)I\ TII~NCr::, .... 'J~~;'-"~, ~~-
S.OIJ.OU'JO"w. . I\L.OrIG S^ I [) 1,1 N F: . 1\ DIST^Ncr: r )10' lUI9.90 r l~ I~'\' . .:~. ,:~~~;~ ,r,~'.
TO Tfl r: 1'0 r NT 0 f n fo:C; I ~m 1 NI: . . . .~ ,.....~-
;:.~r:~r'r>
.'
COWl'!\. r N I NG 11.65 ^CRE:S, Mane: OR I,P.SS. .~.,.., ,
- . 1,,-'
, R' p; ,C;,. R 'r c 'ft:&As'\~~:"-~W~s(oi'RVA'1f~i6~Ts~:::" '"lm~'i)' ~ . . ~:
SUBJOCT 1'6,""~'~)l'..Ag~'Hr.NTS , .~...... "0.-.,
HIGHTS-or-W^Y Of" . '..: :~':';::.'..~~":"~"~~I;;:'~" . _. .. ,,.- .
REConn,
,
I
'\-
"
I. ~
,J.~ ~:, \ _ -
\, 'r
-\ ~ -'" ~~ "r. ',L--
~ '-:_-j 'J :-,c:.. i - - '"
" ....., --; !>,
, :\ 'r- - \, 'l,(j' I, j
\ / .I \ _ _ I' .',
' / . \ ..' : ~'
r
; -~
.v (.:-: j I
1-\ -, r-
. I
.
\
\ - -, ,:. ~
~ r, . 7.c-
'v-i
\, '.-,\ \ ~ c.-_
\~ ~ ~ - ~ :> -
C ;:
2'~ Q I:
\ \
" I \0-
-,. '.
,\ ,.
- LA-'.~
"}.., ~ Mt I '
- -
1-7 -;.~ .-' ' " -
t':
..' . , '.1..l ~
., .
--\ 't:
- .,
-- I . <
/, 2,6\ . -.
\' - -- . .
\ ~~Q ,
r
~
,
. " I
,L..
~r,
I
I ;,..~-
---.f'"
. - ~ - + --
O~ ~ i 0 I II
~lld_ .-JY (
, uJ~- I'
"'>11; I
f9 '" : Ii
-j<tx 1~
I ~CJ_ _ ...__
~-- - - . tit
. I '
"-',
I '~ (~ ..-L
-.
I .p
I
I - -
I _~__
. --".,. .',
- -
. ,,-,-; I
,- - , ~:.\ ~
I .' - I . .
"7 I r- -: 1
- It:. \ : l~ i\'~J
':"' I
,
. .....- , -(~
I
\.'-',\q, \ 2- ' .
i \ ". \.~' ." t . \ _ IS
.- . t L I . . -
, -- -
"'? I ',' F
"- " -j - I
4,,:,\c:../ _,
.
PROPOSED BUDGET
PRESCRIBED BURN AT LEON M. WEEKES ENVIRONMENTAL PRESERVE
PREPARED FOR: City of Delray Beach
Department of Parks and Rcreation
50 NW 1st Ave
Delray Beach, FL 33444
PREPARED BY: The Nature Conservancy
225 East Stuart Ave
Lake Wales, FL 33853
(813) 678-1551 (813) 678-0257 fax
DATE: 10 MAY, 1994
PERSONNEL
Fire Planner $15/hr x 10 hr = 150
Prescribed Burn Manager $20/hr x 10 hr = 200
Crew Boss $15/hr x 10 hr = 150
Crew Member(s) $10/hr x 10 hr x 6 = 600
1100
TRAVEL
Travel time for crew = 570
Lodging and meals (2 nights) = 400
Mileage (2 vehicles x 350 mi x 35 cents/mi) = 245
1215
EQUIPMENT
Purchase of hose, fittings, foam solution, etc = 5000
ADMINISTRATION
Insurance = 100
Overhead x 15% = 1112
1212
GRAND TOTAL $8527
NOTE: This is estimate for initial burn. Second burn should
be substantially less due planning and equipment costs
covered in first burn. Budget for second burn will be
submitted after an evaluation of the first.
.
.
. D;(
M1
[IT' DF DELIA' BEA[H
CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE. DELRAY BEACH, FLORIDA 33444
FACSIMILE 407/278-4755 W:r~t_:r.. D~:r_ct L~n_
DELRA Y BEACH (407) 243-7090
F lOR IDA
ldad
AII.America City
, ~ III! MEMORANDUM
Date: August 12, 1994
1993
To: City Commission Assistant City Attorne~
From: David N. Tolces,
Subject: Amendment to Buckey Dent Aqreement - Sales Tax
The attached amendment will provide for the payment of sales
tax on the monthly rent collected from the baseball school.
State law requires the collection of sales tax on rent. At
this time, the agreement does not provide for the payment of
sales tax.
Please call if you have any questions.
DT : j w
cc: David Harden, City Manager
Joe Weldon, Director of Parks and Recreation
Sharon Morgan, City Clerk's Office
~L
@ Printed on Recycled Paper
'.
.
ADDENDUM NO. 5 TO LEASE AGREEMENT
BETWEEN THE CITY OF DELRAY BEACH AND BDBBS, INC.
THIS ADDENDUM to the Lease Agreement of August 3, 1983, is
entered into by and between the CITY OF DELRAY BEACH, FLORIDA,
( "Lessor") and BDBBS, INC. ("Lessee") on this day of
-
, 1994.
WIT N E SSE T H:
WHEREAS, the Lessor and Lessee mutually covenant and agree
to amend and modify the Lease Agreement entered into on August
3, 1983 and as further modified in Addendum Numbers 1, 2, 3 and
4 previously executed by the parties, in order to provide for
the payment of sales tax on the rent currently paid by the
Lessee to the Lessor.
NOW, THEREFORE, in consideration of the mutual covenants,
stipulations and agreements herein contained, the parties agree
as follows:
1. The recitations referred to above are hereby incor-
porated herein.
2. That Paragraph 3.05 of the Agreement dated August 3,
1983 is hereby amended to read as follows:
3.05. Lessee shall pay to Lessor, as a contribution
to utilities, the sum of One Hundred Dollars ($100.00) per
month. Lessee shall also be responsible for all
applicable state sales tax.
3. All other terms and conditions of the Lease Agreement
of August 3, 1983, Addendum No. 1 dated October 17, 1988,
,
Addendum No. 2 dated January 7, 1991, Addendum No. 3 dated June
13, 1991 and Addendum No. 4 dated October 8, 1993, not in
conflict with this Addendum shall remain in full force and
effect and are incorporated herein.
IN WITNESS WHEREOF, the parties hereto have set their
hands the day and year first above written.
CITY OF DELRAY BEACH, FLORIDA
ATTEST:
By:
Thomas Lynch, Mayor
City Clerk
Approved as to Form:
City Attorney
WITNESSES: BDBBS, INC.
By:
B. Michael Wiggins,
President
(Print or Type Name)
(Print or Type Name)
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this
day of , 1994, by
(name of officer or agent, title of officer
or agent, of (name of
corporation acknowledging), a (state or place
2
"
.
.
of incorporation), corporation, on behalf of the corporation.
He/She is personally known to me/or has produced
(type of identification) as identification.
Signature of Notary Public -
State of Florida
Print, Type or Stamp Name of
Notary Public
bucky-l.agt
3
,
.
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER8I11
SUBJECT: AGENDA ITEM # 8M - MEETING OF AUGUST 16. 1994
AWARD OF BIDS AND CONTRACTS
DATE: AUGUST 12, 1994
This is before the Commission to approve the award of the
following bids and contracts:
l. Bid Award - Cabana and beach equipment rental - Bandana
Beach Service, Inc. in the annual amount of $42,000.
2. Contract Renewal - Computerized irrigation system with
Hector Turf - in the amount of $49,234.00 with funding from
the General Construction Fund - Landscaping/Beautification
(Account No. 334-4170-572.63-20) .
3. Bid Award - Housing Rehabilitation Grant Award through the
State Housing Initiatives Partnership Program (SHIP) - in
the amount of $26,110.00, with funding from the Community
Development SHIP Program (Account No. 118-1924-554.49-90) ,
with budget transfer from prior years' SHIP Revenues
(Account No. 118-0000-337.48-00) .
4. Contract award - Johnson-Davis, Inc. , for construction of
approximately 1,788 feet of 12" D.I.P. water main along N.E.
3rd Avenue between N.E. 19th Street and Atlantic High
School, in the amount of $119,017.00, with funding from
Water and Sewer Revenue Bond - Water Main N. E. 3rd Avenue
(Account No. 440-5179-536.63-58) .
5. Bid Award - Feterl Manufacturing, Co. for Corner Mounted
Crane/Service Truck Body - in the amount of $30,475, with
funding from Water & Sewer - Machinery/Equipment (Account
No. 441-5161-536.64-90) .
.
Agenda Item No.: g-Y/). I
AGENDA REQUEST
Date: August 8. 1994
Request to be placed on:
X Regular Agenda Special Agenda Workshop Agenda
When: August 16. 1994
Description of agenda item (who, what, where, how much) : Request approval
of awarding Bid #94-69. rental of cabanas and beach equipment for the public beach.
to the highest bidder. Bandana Beach Service, Inc. Their rental to the City of
Delray Beach would be $3,500 or $42,000 annually.
ORDINANCE/ RESOLUTION REQUIRED: YES~ Draft Attached: YES/NO
Recommendation: Approval.
Department Head Signature:
Determination of Consistency mprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds):
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for agenda: €Y NO tlV}
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
"
[ITY DF DELIAY BEA[H
100 N,W.1st AVENUE . DELRA Y BEACH. FLORIDA 33444 . 407/243-7000
tI.fa:II
All-aa.tcaClty
, III~!
1993
MEMORANDUM
TO: David Harden, City Manager
FROM: Joe Dragon, Acting Director of Parks and Recreation
SUBJECT: Recommendation for Beach Cabanas - Bid #94-69
DATE: August 8, 1994
Attached please find a spread sheet for bids for the rental of cabanas
and beach equipment for the public beach. A total of 9 bidders bid on
this with the high bidder being Bandana Beach Service, Inc. We
interviewed the principals of this company, called their references,
and reviewed photographs of their operation. Their references all
reported that they were satisfied with the work of Bandana Beach
Service, Inc.
I recommend the high bidder, Bandana Beach Service, Inc. , be awarded
this Bid #94-69. Their rental to the City would be $3,500 a month, 75%
higher than what we are receiving from the present contractor ($42,000
annually as opposed to $24,120 annually) . Seven years ago the annual
revenues from this service was $5,000. As noted, the subsequent
contractor for the last 6 years paid $24,120 annually.
Joe D
Actin of Parks and Recreation
Attachment
cc: Joe Safford, Finance Director
Ref:dhcabagn
THE EFFORT ALWAYS MATTERS 6'))'J, \
.~
JULY 21. 1994 CITY OF DElRAY B&ai
T~L TIlJi OF BIDS
BID . 94-69
RalTAL Of ~AS ~D Ba:oI EQJIPMEHT
f(R lliE Pl..6LlC B&ai
Bandana Bch. Rising Sun Flamingo Oceanside Cabana Bch. Dolphin Bch1
DESCRIPTIlJi Service Inc. Cabanas Cabanas Beach Svc. Service Services *
I
I'UHl/'U'I FLAT I" 3,500.00
I'DllliLV RATE 3,210.00 3,140.00 2,618.00 2,550.00 2,275.00
TO THE CITY (101.)
OF DElRAY BEACH
* Subsidiar'
CXH1EJoITS/El<CEPTIlJiS: of Marine
Solutions
Inc.
,
-
-
"
,
JULY 21. 1994 CIlY Of DELMY BEPOi
TPBI..W. TIQ-I Of BIDS
BID . 94-69
RelTAl. OF a:&qHAS ~ BEACH EQJIPMelT
f'CR THE PU3LIC BEACH
Eastern Bch Clay tons Four M 1
DESCRIPTI~ Svc. of Bch. Svc. Group Inc. I
Pensacola
I'\IHItU'\ FLAT ..
tOlTHLY RATE
TO THE CITY 2.225.00 1.000.00 700.00
OF DELRAY BEACH
Cll1'IEHTS/f)([:EPTI~S :
\
\
I
/
-
" ,
~
Agenda Item No.: 0'0)), ~
AGENDA REQUEST
Date: August 09, 1994
Request to be placed en:
X Regular Agenda Special Agenda Workshop Agenda
When: August 16, 1994
uescriptlon of agenda item (who, what, where, how much): Cont~act Renewal
Computerized Irrigation System with Hector Turf, at a cost of $49,234.
Bid 1/91-65
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Renew contract with Hector Turf for the cost of $49,234.
Department Head Signature:
Determination of Consistency
City Attorney Review/ Recommendation (if appl:i,cable):
Budget Director Review (required on all items involving expenditure
of funds) :
Funding available: ~ NO
Funding alternatives: (if applicable)
Account No. & Description: "3 :3 \:t - I.H ,0 - 5"'''7 '2. - l.D '"3 . 'La
Account Balance: 50.0($'0. 00
,
City Manager Review:
Approved for agenda: @~S/ NO ZJvf
Hold Until: /
Agenda Coordinator Review:
.
Received:
Action: Approved/Disapproved
.
M E M 0 RAN DUM
TO: David T. H~ Manager
Finance
THROUGH: Joseph M. Sa . . irector of
FROM: Jacklyn Rooney. Buyer ~
DATE: August 09, 1994
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
AUGUST 16, 1994 - BID AWARD - BID #91-65
COMPUTERIZED IRRIGATION SYSTEM
Item Before Commission:
The City Commission is requested to renew the contract for additional
computerized irrigation systems with Hector'Turf, Inc. at a cost of
$49,234.
Backqround:
This contract was originally awarded by the City Commission on
September 10, 1991. The specifications allow i-enewal of the contract
in subsequent years for continued installation of irrigation systems
so long as the prices do not increase in e:><:cess of the CPI for the
State of Florida. The latest CPI percent change for Southeast Florida
is 2.1% (copy attached).
The Director of Parks and Recreation has submitted a memo listing the
the parks/public facilities which are recommended 1n this phase of the
project.
The vendor has submitted a notarized statement from Toro indicating
their prices do not exceed the CPI Index, and a price breakdown fOl"
each location in this phase.
Recommendation:
Purchasing Staff concurs with the Director of Parks and Recreation ln
the recommendation to renew the contract with Hector Turf, Inc. at a
cost of $49,234.
Attachments:
Memo From Parks and Recreation
Letter From Hector Turf
cc: Joe Weldon
f'rn ~,
,
[ITY DF DELIAY BEA[H
100 N W. 1st AVENUl . DELRAY BEACH, FLORIDA 33444 . 407/243-7000
......
AJI..AIIftaClty
, III I!
1991
MEMORANDUM
TO: Joe Safford, Finance Director
FROM: Joe Weldon, Director of Parks and Recreation
SUBJECT: Computerized Irrigation
DATE: August 4, 1994
The following is a listing of parks/public facilities that I recommend
be phased in next for our computerized irrigation system. As you
recall, this project was originally bid with the understanding that the
successful bidder will be contracted with each succeeding year until
the system is completely installed as long as their price increase does
not exceed the Consumer Price Index. Attached is a notarized statement
from Toro indicating their prices do not exceed the Consumer Price
Index.
1.) South beach $12,780
2 . ) Sandoway Park 4,021
3. ) Anchor Park 7,091
4 . ) Atlantic Dunes Park 5,330
5. ) Veterans Parks 6,959
6. ) Boy Scout Hut 4,513
7. ) North mini-park 4,270
8. ) South mini-park 4,270
9. ) Knowles Park * -0-
10.) Merritt Park * -0-
Total Phase IV $49,234
* Equipment to be installed by our crews.
As you know, $50,000 was budgeted for this project in account
#334-4170-572-63.20.
THf E F fURT ALVVA YS MATTERS
,
-2-
The following areas have been completed in the first 3 phases of this
project:
1.) City Hall
2. ) Community Center
3. ) Police Station
4 . ) Fire Station
5. ) Pompey Park
6. ) Currie Commons
7. ) Miller Park
8. ) Tennis Center
9. ) North Beach
10. ) Barwick Park
11.) City Attorney
12.) Cason Cottage
While this project was ongoing, Motorola developed new techniques that
utilized UHF radio signals to communicate from the computer to the
field instead of the former hard wire system. This allowed us to make
changes mid-plan and provided surplus equipment that our crews will
install to computerize Knowles Park and Merritt Park. The attached
memorandum from Assistant Parks Superintendent Tim Simmons explains
these changes.
The computerization of most major parks and public facilities, with the
exception of the cemetery, is now complete. What we were not able to
include in this phasing was some of the smaller parks, parking lots,
public facilities and beautification areas, many of which are not large
enough to computerize. I hope to phase the more appropriate areas in
over time through our operating budget. I have attached a list of
these areas for your information.
--J
Parks and Recreation
Attachments
cc: David Harden, City Manager
Ray Eubank, Parks Superintendent
JW:cp
Ref:jscmpirr
'.
" .
PARKS AND PUBLIC AREAS NOT YET COMPUTERIZED
PARKS AND PUBLIC FACILITIES
Cemetery
Catherine strong Center
Worthing Park
Del Ida Park
Woman's Club
Fire Stations #2, #3, #5 and Central
Ace Hardware Parking Lot
Chamber of Commerce Parking Lot
N. E. 1st Avenue Parking Lot
Bankers Row
MEDIANS
North and South Federal Highway
North and South Congress Avenue
East and West Linton Boulevard
East and West Atlantic Avenue
Fern Court
N.E. 8th Street and 2nd Avenue
N.E. 8th Street and 3rd Avenue
O. C. Taylor
Palm Trail
S.E. 5th Street
Rio Delray
Spanish Trail
Tropic Isles
LeMat Avenue
Lindell Boulevard
Brant Drive and Lindell Boulevard
Homewood Boulevard
East and West Drive
N.W. 8th Avenue and Martin Luther King Boulevard
Swinton Avenue
S.E. 5th Avenue
'~
.
TURF 1301 N,W, THIRD STREET I DEERFIELD BEACH, FL 33442
TEL: (305) ~. FAX: (305) ~7657
CITY OF DELRA Y BEACH
Materials Estimate (6/10/94)
Phase IV
1 - South Beach - Cost to supply and install
One 16-Station Irrinet Satellite Controller with Keyboard $12.780.00
& Tipping Bucket Rain Gauge
2 - Sandoway Park - Cost to supply and install
One 8-Station Scorpio Satellite Controller & 2" Bermad $4.021.00
Hydrometer
3 - Anchor Park - Cost to supply and install
One 8-Station Scorpio Satellite Controller, 2" Bermad $7.091.00
Hydrometer & (1) 12-Station Hydraulic
Converter
4 - Atlantic Dunes Park - Cost to supply and install
One 16-Station Scorpio Satellite Controller, 2" Bermad $5.330.00
Hydrometer, (6) 1-1/2" Hydraulic Valves
& (1) 16-Station Hydraulic Converter
5 - Veterans Park - Cost to supply and install
One 8-Station Scorpio Satellite Controller & 3" Bermad
Hydrometer
One l6-Station Scorpio Satellite Controller & 3" Bermad
Hydrometer
Total $6.959.00
6 - Boy Scout Hut - Cost to supply and install
One 16-Station Scorpio Satellite Controller & 3" Bermad $4513,00
Hydrometer
7 - North Mini - Cost to supply and install
One 8-Station Scorpio Satellite Controller & 2" Bermad $4.270.00
Hydrometer & 6 ea 1-1/2" Electric
Valves
8 - South Mini - Cost to supply and install
One 8-Station Scorpio Satellite Controller & 2" Bermad $4270.00
Hydrometer & 6 ea 1-1/2" Electric
Valves
,
...
'.
.
.
1301 N.W. THIRD STREET I DEERFIELO BEACH, FL 33442
TEL: (305) <C29-32OO . FAX: (305) 360-7657
SUMMARY
1) South Beach $12,780.00
2) Sandoway Park 4,021.00
3) Anchor Park 7,091.00
4) Atlantic Dunes Park 5,330.00
5) Veterans Park 6,959.00
6) Boy Scout Hut 4,513.00
7) North Mini 4,270.00
8) South Mini 4.270.00
Total Phase IV $49.234.00
. .
\
..
..
..~_...-..-,_...._. -.-......--. ,.... ..
1301 NW, THIRD STREET / DEERFIELD BEACH, FL 33442
TEL.: (305) 429-3200 · FAX: (305) 360-7657
July 26, 1994
Mr. Joe Weldon
Director of Parks & Recreation
City of Delray Beach
100 NW 1st Avenue
Delray Beach, Florida 33445
Dear Joe:
This is to confirm that the prices you have been quoted for Phase IV of The City
of Delray Beach computerized irrigation system renovation conforms to our
contractual agreement on Bid Number 91-65. All prices represented by the
quotation reflect increases of no more than the current consumer price index of
2.1%.
Attached please find a cost per station comparison of Phases I-IV.
If you have any questions, please do not hesitate to contact me.
Sincerely,
Rd2J1L
Robert E. Korth
Irrigation Representative
Municipal Sales
RK/gn
Sworn to and subscribed before me this 26th day of July 1994 by Robert E. Korth,
personally known to me. ~
/;p 7C-t~4
Gloria M, Nowak, Notary Public
:\..I\Y PIJ,
~~~l/c< GLORIA M NOWAK
· ij[. "'~CCOO63a7
: : e.pw.. Jun. 17 1GG7
'" Bond.d by ANa
~"I' ~,~.. 800-852-587.
OF f\.O
.
.
.
_.._--._._------._~..
1301 NW, THIRD STREET I DEERFIELD BEACH, FL 33442
TEL.: (305) 429-3200 . FAX: (305) 360-7657
PER ZONE COST COMPARISON
PHASE TOTAL ZONES TOTAL PRICE COST PER
INSTALLED ZONE
I 78 $46,089.32 $590,88
II 96 $48,995.00 $510.36
III 112 $50,000.00 $446.43
IV 104 $49,234.00 $473.40
.
Agenda Item No.: ~~n - .3
AGENDA REQUEST
Request to be placed on: Date: AUGUST 8, 1994
Regular Agenda
Special Agenda
Workshop Agenda
xxx Consent Agenda When: AUGUST 16, 1994
Description of item (who, what, where, how much):
CASE I ADDRESS GRANT AMOtmT
92-010HR 1209 NORTHWEST 1ST STREET $15,270.00
92-007HR 711 SOUTHEAST 2ND AVENUE $10,840.00
(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 HOUSING REHABILITATION GRANT
AWARD THROUGH THE STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM
(SHIP) FROM ACCOUNT #118-1924-554-49.90
(Example: Recommend approval with funding from Special Events
Account No. 001-3333-555-
Department Head Signature:
City Attorney Review/ Recomm
Budget Director Review (required on all items involving
expenditure of funds):
/-
Funding available~NO
Funding alternati s: (if a~icab~ ~ e
Account No. & Description: /1 Kr/q7.4-554.4l1-Cf 0 IFf,' - e
Accountj3alance: AJ;4&~ (J 1ft'r(26E5
City Manager Review: [?V 1
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. Ha~~Y Manager
THROUGH: Joseph M. Saf Director of Finance
FROM: Jacklyn R.ooney, Buyer r
DATE: August 09, 1994
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
AUGUST 16. 1994 - BID AWARD - BID #94-71
HOUSING REHABILITATION PROGRAM
Item Before Commission:
The City Commission is requested to award a contract to contractors as
listed below, for Housing Rehabilitation projects.
Background:
The Community Development Division handles and processes their for-mal
bids on housing rehabilitation projects, with funding from their
housing rehabilitation budget.
Property ContracJ;or Amount
1209 Northwest 1st Ave. South Florida Construction $15,270.00
711 Southeast 2nd Ave. Henry Haywood $10.840.00
The Community Development Coordinator and the Director of Community
Improvement have r-eviewed the bids, and recommend award to above
stated contractors per attached memo.
Recommendatiol1.2.
The Purchasing Staff concurs with the ,-ecommendation to ~a rd to the
low responsive bidders as stated above.
Attachments:
Memorandum from Community Development
Bid Information Sheets
cc: Lula Butler
8~~ -~
,
M E M 0 RAN DUM
TO: DAVID HARDEN, CITY MANAGER
FROM: DOROTHY ELLINGTON, COMMUNITY DEVELOPMENT COORDINATOR ~
THRU: LULA BUTLER, DIRECTOR COMMUNITY IMPROVEMENT
DATE: AUGUST 8, 1994
SUBJECT: CONSENT AGENDA
STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM
(SHIP) ACTIVITIES/LOCAL HOUSING ASSISTANCE PROGRAM
ITEM BEFORE THE COMMISSION
This is to request approval for two Housing Rehabilitation Grant
Awards through the State Housing Initiatives Partnership Program
(SHIP). This request is in accordance with the City's approved
Housing Assistance Plan developed under this program.
BACKGROUND
The grant award is based on the actual cost of the rehabilitation
as determined by the low bidder.
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 Grant through the (SHIP) program
be awarded for the following:
_ ,Case#: Address Grant Amount
92-010HR 1209 NORTHWEST 1ST STREET $15,270.00
92-007HR 711 SOUTHEAST 2ND AVENUE $10,840.00
,.
CITY OF DELRAY BEACH
COMMUNITY DEVELOPMENT DIVISION
BID INFORMATION SHEET
BID #: 94-2.!..
APPLICANT: Frederick Mitchell
APPLICATION #: 92-010HR
PROJECT ADDRESS: 1209 Northwest 1st Street
DATE OF BID LETTERS: Julv 20. 1994
DATE OF BID OPENING: August I, 1994
NAME OF CONTRACTORS AMOUNT OF BID
ABISSET CORPORATION $
ALPHA ULTRA INC. $
ARTHUR BADALOO $
BUCCI ENTERPRISES $
CSB CONSTRUCTION $
1ST CHOICE CORP $ No Bid
INTERCONTINENTAL CONSTRUCTION CORP $ 16,245. 00
HENRY HAYWOOD $
MJD CONSTRUCTION SERVICES $
CARLO MERCURIO $
PALMERI CONST. $ No Bid
RADA ENTERPRISES INC. $
RAY GRAEVE CONSTRUCTION INC. $
SOUTH FLORIDA CONSTRUCTION $ 15,270.00
./
IN - HOUSE ESTIMATE: $ 15,100.00
CONTRACTOR AWARDED CONTRACT: South Florida Construction
BID/CONTRACT AMOUNT: $ 15,270.00
COMMENTS: Low Bidder
BIDFORM/PG1
"
.
CITY OF DELRAY BEACH
COMMUNITY DEVELOPMENT DIVISION
BID INFORMATION SHEET
BID i: 94- 71
APPLICANT: Whitmore Pelecanos
APPLICATION i: 92-007HR
PROJECT ADDRESS: 711 Southease 2nd Avenue
DATE OF BID LETTERS: July 20, 1994
DATE OF BID OPENING: August I, 1994
NAME OF CONTRACTORS AMOUNT OF BID
ABISSET CORPORATION $
ALPHA ULTRA INC. $
ARTHUR BADALOO $
BUCCI ENTERPRISES $
CSB CONSTRUCTION $
1ST CHOICE CORP $ No Bid
INTERCONTINENTAL CONSTRUCTION CORP $ 16 , 11 0 . 00
HENRY HAYWOOD $ 10,840.00
MJD CONSTRUCTION SERVICES $
CARLO MERCURIO $
PALMERI CONST. $ No. Bid
RADA ENTERPRISES INC. $
RAY GRAEVE CONSTRUCTION INC. $
SOUTH FLORIDA CONSTRUCTION $ 16,210.00
/
IN - HOUSE ESTIMATE: $ 16,045.00
CONTRACTOR AWARDED CONTRACT: Henry Haywood
BID/CONTRACT AMOUNT: $ 10,840.00
COMMENTS: Low Bidder
BIDFORM/PGl
,
City of Delray Beach
Departme.1taI Budget Transfer
11-Aug-94
(1) Departmental Une Transfer (2) Date
(3) Interfundllnterdepartmental Transfer (4) Batch Number
Linda Turnage, Budget Administrator
(5) Requested By: ---.--"
(6) ACCOUNT NUMBER (7) DESCRIPTION (8) TRANSFER OUT (9) TRANSFER IN
I
118-0000-337,48-00 SHIP Program 28,550
118-1924-554.49-90 Other Current Charges 28,550
.
28,550 28.550
(10) TOTAL
JUSTIFICATION: To appropriate the remaining balance received in FY 93 for the SHIP
Program.
Department Head Asst City Manager
Budget Officer City Manager
(11) Budget Revision Date (12) Control Number
(13) Period (14) Count
ORIGINAL-BUDGET CANARY-FILE PINK-DEPARTMENT
,
.
Agenda Item No. r'rn - Y
AGENDA REOUEST
Date: 08/10/94
Request to be placed on:
XX Regular Agenda
special Agenda
Workshop Agenda When: 08/16/94
Description of item (who, what, where, how much): Staff requests
Commission award a construction contract for PN 93-073, 1,788 feet of 12"
D.I.P. water main extension along N.E. 3rd Avenue between N.E. 19th
street and Atlantic High School to Johnson - Davis Inc., the lowest
responsible bidder in the base bid amount of $119,017.00 This is a Level
II Master Plan improvement and will be funded from the 1993 W&S Bond,
Acct. #440-5179-536-63.58, Water Main N.E. 3rd Avenue.
ORDINANCE/RESOLUTION REQUIRED: 1~_/NO DRAFT ATTACHED 1~_/NO
Recommendation: Staff recommends award of contract to Johnson-Davis,
Inc. ~ ()~
DEPARTMENT HEAD SIGNATURE: ~ Jn~JJ ~;/6 If r \0/
Determination of consistency with comprehensive Plan:
City Attorney Review/Recommendation (if applicable)
Budget Director Review (required on all items involving expenditure of
funds): e
Funding available YES NO
Funding alternati (if applicable)
Account No. & Descriptioni@O-6/}q-3~.fV'3-8X.' IO,8Vf> t<J;:.v,FOfJl>-WAIe:R..MAIJ/-^,e3~
Account Balance "2IY~/],zq
City Manager Review:
Approved for agenda: GINO t.~.1
Hold Until: '
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
.
MEMORANDUM
TO: David T. Harden
city Manager ~~
FROM: Richard C. Hasko, P.E.
Deputy Director of Public utilities
SUBJECT: N.E. 3RD AVENUE WATER MAIN
EXTENSION; PN 93-073
DATE: August 10, 1994
Attached is an agenda request and tabulation of bids
received for construction of approximately 1,788 feet of 12"
D.I.P. water main along N.E. 3rd Avenue between N. E. 19th
Street and Atlantic High School. We are requesting
Commission award of this contract to Johnson-Davis, Inc. the
lowest responsible bidder, in the base bid amount of
$119,017.00.
This water main extension is a Level II improvement
recommended in the city's Water Distribution Master Plan.
Construction will be funded by the 1993 W&S Bond, Acct.
#440-5179-536-63.58, water main N.E. 3rd Avenue.
RCH: jem
c: William H. Greenwood, Director of ESD
Joseph Safford, Finance Director
Howard Wight, Construction Manager
93-073 (D)
f. 'r)), '-f
,
,
.!
" C , N. E.-- 3rd AVENUE TO ATLANTIC HIGK' SCHOOL
12-INCH WATERKAIN EXTENSION
PROJECT NO. 93-73
I ,,.,.,.,, ,,.,,,,.,.,.,,, .,."""",.,.""."".,., "',.,.".',.",..."". ......."',."",.,,,.' .........",. ,. ....."""""...", ,.,...,."."""".",.',..',',.,."","'" ,."".,',...... "",.... ...., ...., .., ...............
..:i:il::.~illf~':::,:illl~ll~r~~:::jl:I::~~!::!~~~;!!:I:~:':':,:.:I::II,jI1.~i
TOTAL PROJECT BID $124,028.00 $130.418.75 $131 146.00 $134,917.50
ALTERNATE 55 428.00 _u_u_u 32 184.00 49 170.00
=;:::;:;:;:;:;:;:;:;::::;::::::::::::::::::::::::::::::;:::::::;:;:::::::::;:::;:::::., ...:,;:;.;. ::::=::::::;:::: ;.:-:........;.;.;.;:;::.>;.;:;:;.;,:;;::.::... ;:::;. ::;::::;:.....;.:.;...:;:.;.;;:;:::;:;;:; . ......;...'... . ::';: .::;:;:;:;:;:;:;:;:;:;:;:...;".:.:"':...: ....:........ ::::::::::::::;:;:::::::::::;:::::::;:;:;:;:;:::::::;:::;:::::;:::::::;:;:;:::;:::::::;:.:::
ij~llt~::~~~~::iii,'j;::,:i.;:/'::,:'::::;,:!'~lt~~~tl::":::':;::.:,::.i::i:::!:::."..::I~;lrl~I]I:;i!.!::..i.:,.:::j,I:,,::i~!,:,li:.,:.I~lm~I]lij::!;:';,::'.;::":!!:!,~::i.:;~~!:!=~:!:~~~::
.... ,-, ... . .. .
r ,.................... .. ... .... 'I ... ........ .....,......... ..uu.. ,.... . ...... ..... ..... .... ....... ."...... .. ..... ., ......... ..............u.....,......."... .,
TOTAL PROJECT BID $148 747.00 $192 688.50 $236 061.70
ALTERNATE
..-.....'......,..'...........-......,................-...'...'.'...'.'......,.......
......................................,....
...................,...................,....
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
:~ifTtofE"h")f
.., ........'."....- .,-.....,...........
AltERJlATE'~~<>",
...-.'.".--,.... ,.,....
1
'.
. . ,
. .1
N .1!i'.-/3rd AVENUE TO ATLANTIC HIGH/ SCHOOL
12-INCH WATERMAIN EXTENSION
PROJECT NO. 93-73
....n:...i...~!~ .:.::.:~..:..~.'.~~~.r~::"~:;...i'i,i:':i:.':.=~~.~;:::..:::...:::.:::!!~~~:':=~.~:..~~~.',.,
1. Site Mobilization loS. 1 $13 500.00 $13.500.00 $9,300.0 $9300.00 $25 000,0 $25,000.00
2. 12-lnch D.I.P. Water Main L.F. 1,788 25.00 44,700.00 35.0 62,580.00 24.5 43,806.00
3. 12" Gate Valve & Box Ea. 2 1 200.00 2.400.00 900.0 1 800.00 1 000.0 2,000.00
4. 8" Gate Valve & Box Ea. 1 600.00 600.00 480.0 480.00 700.00 700.00
5. 6" Gate Valve & Box Ea. 3 500.00 1.500.00 325.0 975.00 550.00 1.650.00
6. Watermain Relocation Ea. 2 200.00 400.00 590.00 1,180.00 500.00 1,000.00
7. Fire Hydrants Ea. 3 2,500.0C 7.500.00 1.600.00 4,800.00 1.600.00 4,800.00
8. 12" x 12" Tapping Sleeve & Valve Ea. 1 5,500.0C 5,500.00 2,950.00 2,950.00 3,100.00 3,100.00
9. 8" X 8" Tapping Sleeve & Valve Ea. 1 3.500.0C 3 500.00 1,700.00 1,700.00 2,200.0C 2,200.00
10. Line Stops Ea. 3 2,700.0C 8,100.00 600.0C 1,800.00 5,000.OC 15,000.00
11. Sanitary Manhole (6'-8') Ea. 1 2,500.00 2500.00 3.300.0C 3,300.00 2,500.0C 2,500.00
12. Single Water Service Ea. 5 600.00 3,000.00 730.0C 3,650.00 560.0C 2,800.00
13. Double Water Service Ea. 4 750.00 3 000.00 850.0C 3,400.00 670.0C 2 680.00
14. Sod Replacement S.F. 9,600 0.50 4,800.00 0.35 3,360.00 0.25 2400.00
15. Pavement Repair over Trench L.F. 264 12.00 3,168.00 20.00 5.280.00 20.00 5 280.00
16. Concrete Driveways S.F. 414 4.00 1,656.00 4.00 1,656.00 2.50 1,035.00
17. Asphalt Driveways S.F. 965 3.00 2,895.00 5.0C 4,825.00 2.75 2 653.75
18. Shell rock Driveways S.F. 752 0.25 188.00 1.0C 752.00 2.00 1.504.00
19. Project I.D. Sign Ea. 1 600.0C 600.00 730.0C 730.00 800.00 800.00
20. Util ity Allowance L.S. 1 7,500.00 7,500.00 7,500.0C 7,500.00 7,500.0C 7,500.00
21. Video Allowance loS. 1 500.00 500.00 500.0C 500.00 500.0C 500.00
22. Testing Allowance l.S. 1 1,500.00 1,500.00 1,500.0C 1,500.00 1,500.0C 1,500.00
23. Indemnification L.S. 1 10.~ 10.00 10.0C 10.00 10.0C 10.00
_i!t,?j-0174., ',.,~~~(.'.i!,~i~1Ik~
Altel"tlirte.fbW1788..'tJIfU1~~P.JV~~#ii":.')(('~$W~f'.". i:$$$~~~'j)Q
.:,:tt'.,(....,\..EtBIO'..\lJt"/A~t~RNAtE?J.1jq;-Ott#.".. ' :$'j~~jm{,.,..'!j~i~j8t~
2
,
,",
.)
N .h,..." 3rd AVENUE TO ATLANT:IC H:IGH SCHOOL
12-:INCH WATERMA:IN EXTENS:ION
PROJECT NO. 93-73
...,........,......"......"........,....,..,',.....,........"........111
::lj~~li~f~l:l:l:ll :::: 111:1111111:::I:lli::ll:ilf:i:'l~~: .:::,"J:Jae~::.~:r:::::::J:i$.~rEJd~::J::~Wf~d..i:.~J
1. Site Mobilization L.S. 1 S20.000.0C S20,000.00 S7,500,OO S7,500.00 S20,OOO.0 S20,000.00
2. 12-lnch D.I.P. Water Main L.F. 1 788 20.00 35,760.00 31 .50 56,322.00 40.0 71,520.00
3. 12" Gate Valve & Box Ea. 2 no.oc 1.540.00 1,215.0C 2,430.00 900.0 1,800.00
4. 8" Gate Valve & Box Ea. 1 460.0C 460.00 875 .00 875 . 00 600.0 600.00
5. 6" Gate Valve & Box Ea. 3 350.0C 1,050.00 650.00 1.950.00 400.0 1,200.00
6. Watermain Relocation Ea. 2 350.0C 700.00 500.0C 1 000.00 400.0 800.00
7. Fire Hydrants Ea. 3 1.450.0C 4,350.00 1.500.0C 4,500.00 1 500.0C 4,500.00
8. 12" x 12" Tapping Sleeve & Valve Ea. 1 3,000. DC 3 000.00 3,500.0C 3 500.00 2,500.0 2,500.00
9. 8" x 8" Tapping Sleeve & Valve Ea. 1 1.800.0C 1 800.00 2,800.0C 2,800.00 1,500.0 1.500.00
10. Line Stops Ea. 3 4,000.0( 12 000.00 3 500.0C 10,500.00 4,000.0 12,000.00
11. Sanitary Manhole (6"8') Ea. 1 6.200.01 6,200.00 8.000.0C 8,000.00 2 000.0 2,000.00
12. Single Water Service Ea. 5 1 410.00 7,050.00 1. 110.00 5 550.00 600.0 3,000.00
13. Double Water Service Ea. 4 1,460.0C 5,840.00 1,400.00 5,600.00 700.00 2,800.00
14. Sod Replacement S.F. 9 600 0.35 3.360.00 0.40 3,840.00 0.3 2.880.00
15. Pavement Repair over Trench L.F. 264 14.0C 3,696.00 22.0C 5,808.00 30.0C 7,920.00
16. Concrete Driveways S.F. 414 11. OC 4,554.00 3.00 1,242.00 2.5 1.035.00
17. Asphalt Driveways S.F. 965 6.0C 5,790.00 2.5C 2,412.50 2.0 1,930.00
18. Shellrock Driveways S.F. 752 5.5C 4 136.00 1.5C 1 128.00 1.0 752.00
19. Project 1.0. Sign Ea. 1 350.01 350.00 450.0C 450.00 500.0 500.00
20. Utility Allowance L.S. 1 7.500.01 7 500.00 7,500.0C 7,500.00 7,500.0 7,500.00
21. Video Allowance L.S. 1 500.0C 500.00 500.0C 500.00 500.0 500.00
22. Testing Allowance L.S. 1 1 500.0C 1,500.00 1.500.00 1,500.00 1.500.0 1 500.00
23. Indemnification L.S. 1 10.~ 10.00 10.0 10.00 10.00 10.00
:j'~nM~(:.,:u=~"t( .:!1~tt4t~9cl
~JterillltiUfijra'7tSi)WMj~~:~j~~~MJ::J:::: ::.:=} ::r::::ail~ :=::~nJ4f ,.,..:rr::::J{~tf '::::::~?ntIK,JJ:::::::J)t~ ...., :::J<<in~=1
::::>\::::::\\ ::::: :::::ijajlij'''ltj::.j~itMAtE Hjj~t~$7ijl....'. :"#tff65~5',. :!1.g;~~9<JI1
. .,_....".. .--......".... . ..... .... ...
3
,
. . .... l
" ~j
. N. t...... 3rd AVENUE TO ATLANTIC HIGH SCHOOL
12-INCH WATERMAIN EXTENSION
PROJECT NO. 93-73
_.~iiiiiiiil;
1. Site Mobilization L.S. 1 $15.000.0 $15.000.00 $19.000.0 $19.000.00 $30.000.0 $30.000.00
2. 12-lnch D.J.P. lIater Main L.F. 1 788 30.0 53.640.00 38.4 68.659.20 57.0 101.916.00
3. 12" Gate Valve & Box Ea. 2 800.0 1,600.00 1,175.0 2,350.00 1,100.0 2,200.00
4. 8" Gate Valve & Box Ea. 1 550.0 550.00 815.0 815.00 n5.0~ n5.00
5. 6" Gate Valve & Box Ea. 3 1,200.0 3,600.00 690.0 2,070.00 600.0C 1.800.00
6. lIatermain Relocation Ea. 2 1,000.0 2,000.00 325.0 650.00 725.0C 1.450.00
7. Fi re Hydrants Ea. 3 3,600.0 10,800.00 1,925.0 5.175 .00 1,600.0C 4,800.00
8. 12" x 12" TaDDing Sleeve & Valve Ea. 1 1.500.0 1.500.00 3.300.0 3.300.00 3 600.0 3.600.00
9. 8" x 8" TaDDing Sleeve & Valve Ea. 1 1,000.0 1,000.00 2.025.0 2.025.00 2 100.0 2.100.00
10. Line St()ps Ea. 3 5.000.0 15,000.00 6.100.0 18 300.00 3 000.0 9,000.00
11. Sanitary Manhole (6'-8') Ea. l' 2.500.0 2,500.00 4,475.0 4,475.00 4,000.0 4.000.00
12. Single lIater Service Ea. 5 1.000.0 5.000.00 330.0 1.650.00 700.0 3.500.00
13. Double lIater Service Ea. 4 1,250.0 5,000.00 565.0 2,260.00 800.0~ 3,200.00
14. Sod Replacement S.F. 9600 2.0 19.200.00 0.3 2 880.00 0.5~ 4.800.00
15. Pavement Repair over Trench L.F. 264 12.0 3,168.00 27.5 7.260.00 15.0~ 3,960.00
16. Concrete Driveways S.F. 414 3.0 1.242.00 2.3 952.20 2.5~ 1.035.00
17. Asphalt Driveways S.F. 965 4.0 3,860.00 2.1~ 2,074.75 2.5~ 2,412.50
18. Shellrock Driveways S.F. 752 2.0 1.504.00 1.8 1 353.60 2.5~ 1.880.00
19. Project 1.0. Sign Ea. 1 1,000.0 1.000.00 900.0 900.00 800.01 800.00
20. Utility Allowance L.S. 1 7.500.0 7.500.00 7.500.0 7.500.00 7500.0 7.500.00
21. Video Allowance L.S. 1 500.0 500.00 500.0 500.00 500.0 500.00
22. Testing Allowance L.S. 1 1,500.0 1.500.00 1.500.0 1 500.00 1 500.0 1.500.00
23. Indel11'lification L.S. 1 10.0C 10.00 10.00 10.00 10.0 10.00
_~1~;~1~f...<~1$f~~?W?$ r$1~~~~$"
4
, . ".'
,
,Y
N.!;.. 3rd AVENUE TO ATLANTIC 'HIGH SCHOOL
12-INCH WATERMAIN EXTENSION
PROJECT NO. 93-73
::(;::(::hlfM('t",(&ttoirtuirt&S;:((:;:::(
:~~i !::!'::~!~',',,~~~~I:j~~UI~~I~~:,
1. Site Mobilization L.S. 1 $25,000.0 $25,000.00
2. 12-lnch D.I.P. Water Main L.F. 1 788 70.0 125 160.00
3. 12" Gate Valve & Box Ea. 2 1,500.0 3,000.00
4. 8" Gate Valve & Box Ea. 1 1 100.0 1 100.00
5. 6" Gate Valve & Box Ea. 3 1,000.0 3,000.00
6. Watermain Relocation Ea. 2 1 000.0 2 000.00
7. Fire Hydrants Ea. 3 2,200.0 6,600.00
8. 12" x 12" Ta ing Sleeve & Valve Ea. 1 4 500.0 4 500.00
9. 8" X 8" Ta ing Sleeve & Valve Ea. 1 3,000.0 3,000.00
10. Line Sto s Ea. 3 6 000.0 18 000.00
11. Sanitary Manhole (6'-8') Ea. 1 8,000.0 8,000.00
12. Single Water Service Ea. 5 450.0 2,250.00
13. Double Water Service Ea. 4 660.0 2,640.00
14. Sod Re lacement S.F. 9 600 0.4 3 840.00
15. PavementRe ai r over Trench L.F. 264 24.0 6,336.00
16. Concrete Drivewa s S.F. 414 3.0 1 242.00
17. As alt Driveways S.F. 965 6.5 6.272.50
18. Shellrock Driveways S.F. 752 5. 4 211.20
19. Project 1.0. Sign Ea. 1 400.0 400.00
20. Utility Allowance L.S. 1 7 500.0 7 500.00
21. Video Allowance L.S. 1 500.0 500.00
22. Testing Allowance L.S. 1 1,500.0 1,500.00
23. I ndermit i cat i on L.S. 1 10.0 10.00
~w~n
..~tt.~~t.~j~~'lj$':W~V,~~~4\Il.~;
):: ::)/',iNitrBIp.'lttMAt:tdrMtE
... .....'" '.,..'" ......... -.....---.... "'....
5
.
.
.
,-
Agenda Item No,: '6 )n - 5
AGENDA REQUEST
Da te : August 09, 1994
Request to De placed on:
X Regular Agenda Special Agenda Workshop Agenda
When: August 16, 1994
Description of agenda item (who, what, where, how much): Bid Award -
Corner Mounted Crane/Service Truck Body, $30,475.00
ORDINANCE/ RESOLUTION REQUIRED: Y~S/NO Draft Attached: YES/NO
Recommendation: Award to low bidder, Feterl Manufacturing, Co. at a cost
of $30.475.00
Department Head Signature:
Determination of Consistency
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds) :
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No, & Description: ~1~) - ;;lb) -S3l.:.-~"'l.J. "'l '0
Account Balance: .. 'S'3I~\.:."
City Manager Review:
Approved for agenda: C!Y NO CflV/
Hold Until:
Agenda Coordinator Review:
.
Received:
Action: Approved/Disapproved
,. ' J
.
M E M 0 RAN DUM
TO: David T. Ha~~ Manager
Finance
THROUGH: Joseph M. Sa , - i rector of
FROM: Jacklyn Rooney, Buyer CZf2
DATE:
August 09. 1994 ~
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
AUGUST 16. 1994 - BID AWARD - BID #94-54
CORNER MOUNTED CRANE/SERVICE TRUCK BODY
Item Before Commissiqn:
The City Commission is requested to award the bid for the Corner
Mounted Crane/Service Truck Body to the low bidde r , Feterl
Manufacturing. Co. . at a cost of $30,475.
Backgroun_d:
Bids were received on June 21. 1994. from two (2) vendors all ln
accordance with City purchasing procedures. (Bid #94-54.
Documentation on file l.n the Purchasing Office.) A tabulation of bids
is attached for your review.
The Fleet/Facility Maint. Superintendent and Director of Environmental
Services has reviewed the bids and recommends award to the low bidder,
Feterl Manufacturing Co.. per attached memo.
Per the specifications of this bid, the corner mounted crane/service
truck body will be mounted on a City provided cab chassis.
Recommendation:
Staff recommends award to low responsive bidder. Feterl Manufacturing
Co. , at a cost of $30,475. Funding from the department's operating
expense budget.
~ttachments:
Tabulation of Bids
Memo from Fleet/Facility Maint. Supt.
cc: Mr. Barcinski, Asst. City Manager
William Greenwood, Director of Envr. Services
Richard Corwin, Depu t y 0 i r . of Public Works
Richard Hasko, Deputy Di r. of Public Utilities
Richard Sandell, Fleet/Facility Maint. Supt.
-
7;--- , )17, :J
,
[IT' DF DELIA' BEA[H
DELRAY BEACH
f l 0 . IDA 100 N,W, 1st AVENUE . DELRAY BEACH. FLORIDA 33444 . 407/243-7000
tI:ftd
AI~America City
" II J!
1993 MEMORANDUM
To: Jackie Rooney, Buyer
From: Richard V. Sandell Fleet/Facility Maint. Supt.
Date: August 9, 1994
Subject: Corner Mounted Crane/Service Truck Body
, have reviewed the bids with William Greenwood, Richard Hasko and Bob Bullard
and all are in agreement to submit a request City Commission to award to the low
bidder, Feterl Manufacturing Company.
Thank you for your excellent support in this project.
CC: Robert Barcinski, Assistant City Manager
Richard Corwin Deputy Director of Public Works.
William Greenwood, Director Environmental Services
Richard Hasko, Deputy Director Public Utilities
~ Printed on Recycled Paper THE EFFORT ALWAYS MATTERS
"
JLtlE 21. 1994 CITY OF DELRAY B&Ot
TAI3l.W. TIGl OF BIDS
BID . 94-54
CCAlER I'D.tlTED CRAHE/SERVICE TRU:K EO)V
Feterl Mfg. CO. General Truck Equip-
DESCRIPTJGl ment & Trailer Sales
FtF!HISH AND INSTALL
GlE (l) CCAlER I'D.tlTED $ 30,475.00 $ 30,976.00
CRAHE/SERVICE TRLO<
EO)V Gl CITY PROVIDED
CJe OtASSIS ~D
DELIVERY TO CITY
ElRAHD/l'D)EL Body - Auto Crane
HlJ'BER Feterl's Kodel Hodel 50l{
8000 Crane - Auto Crane
Kodel 8005 BPE
INSTALLED ~D FULLY
CPERATIctlAL AFTER 45 calendar days 30/45 calendar days
RECEIVING TRLO< OtASSIS after receiving after receipt of
(CALENDAR CAYS) truck chassis truck chassis
,
cot1EHTS/EXCEPTJCtlS: We vere unable to Variations/Exceptions
find any source Body quoted is 133"
that vould build long, width 94".
the two fuel Door double panel
tanks to your construction of 14
specifications. & 18 gauge steel.
Other than the Compartments 14 gauge
fuel tanks our steel v/ l/S" thread
bid will either plate cargo area flOOl
meet or exceed and compartment backs
the attached and tops. Tool chest
specifications. not supplied, Compart-
ment depth is 19",
height is 4S" Oxygen/
Acetylene, 60" high
and vented. Compart-
ment below crane is
unobstructed by steel
reinforcements, 3/8"
Hi-Tensile steel with
1/2" thick Hi-Tensile
- steel plate compart-
ment. Body and Crane
painted v/lmron Paint~
We offer one Oxygen/
Acetylene Compart-
ment.
,
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER {J)t1
SUBJECT: AGENDA ITEM # 9A. - MEETING OF AUGUST 16, 1994
REPORT OF APPEALABLE LAND USE ITEMS
DATE: AUGUST 12, 1994
Attached is the Report of Appealable Land Use Items for the
period August 1 through August 12, 1994. It informs the
Commission of the various land use actions taken by the
designated Boards which may be appealed by the City Commission.
Recommend review of appealable actions for the period stated;
receive and file the report as appropriate.
"
.
t~/
11(>1
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID:. HA~I~Y MANAGER
THRU: ~ Z, D~
DEPARTME~PLANN ,D ZONING
~~"
FROM: JEFF RKINS, PLANNER
SUBJECT: MEETING OF AUGUST 16, 1994
REPORT OF APPEALABLE LAND USE ITEMS
AUGUST 1, 1994 THRU AUGUST 12, 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 August 1, 1994, through August 12, 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.
PLANNING AND ZONING BOARD:
The Planning and Zoning Board did not meet during this period.
,
.
city Commission Documentation
Appealable Items - Meeting of August 16, 1994
Page 2
SITE PLAN REVIEW AND APPEARANCE BOARD MEETING OF AUGUST 10, 1994
1- Approved (6 to 0) , a color change for the Southern
Bell Building, located on the northwest corner of SE
4th Avenue and SE 2nd Street.
2. Tabled (6 to 0) , an elevation change for a fence
addition to Chez Zette, located on the southeast
corner of W. Atlantic Avenue and SW 6th Avenue. The
Board requested that the applicant examines other
alternatives for enclosing the parking lot.
Tabled (6 to 0), a color change for Chez Zette.
3. Approved (5 to 0) Landscape plans for Linton Office
Park, located on the south side of Linton Boulevard,
east of Military Trail.
Approved (5 to 0) a request for deferral of the
planting of required street trees for Linton Office
Park.
4. Approved (6 to 0) , with conditions, the Site Plan,
Landscape Plan and Elevations for Blood Orchard
Elementary School, located south of Old Germantown
Road, west of and adjacent to Foxe Chase Subdivision.
5. Approved (6 to 0) , with conditions, the Site Plan,
Landscape Plan, and Elevations for the establishment
of a used car sales facility for Morse Toyota Used
Cars, located on the northwest corner of Federal
Highway and Fladdell's Way.
Approved a sidewalk waiver for Morse Toyota Used Cars.
6 . Approved (6 to 0) , with conditions, the Site Plan,
Landscape Plan, and Elevations for the establishment
of a three unit apartment building to be known as The
Morfee Residence, located on the west side of Venetian
Drive, south of Bay Street.
Approved a sidewalk waiver for Morfee Residence.
HISTORIC PRESERVATION BOARD MEETING OF AUGUST 3, 1994
Y. Approved (4 to 0) a Certificate of Appropriateness for
the conversion from single family residence to office
use for a relocated structure located at 20 N. Swinton
Avenue.
Approved (4 to 0) a Certificate of Appropriateness for
the conversion from single family residence to office
use for a relocated structure located at 24 N. Swinton
Avenue.
,
City Commission Documentation
Appealable Items - Meeting of August 16, 1994
Page 3
z. Approved (5 to 0) , with conditions, a Certificate of
Appropriateness for the renovation of an existing
single family residence located at 319 BE 7th Avenue.
RECOMMENDED ACTION:
By motion, receive and file this report.
Attachment: Location Map
,
, . .
LOCATION MAP FOR
CITY COMMISSION MEETING
OF AUGUST 16, 1994
L-30 CANAL
.-.-.-.---.---.-.--.---.-.--- Q
i w ~
i ~ ~
c..J ~ i
...1 Z In
~ i e ...
Z '"
,...---.---.-- ~ U
III ·
Q III G.
. ;
0
'" lAKE IDA ROAD ;
i
"" I
u
~ i
'" ;
.
.. i
l r'-'-'-'-' NW2ST ~
. ...",...-.-., I
. '-.-.-.- i ;
r.. . ;
. L I ;
! .-.-.-- .-., r.-.-.-.J 0 ;
, I . ;
i . ~ SW2ST j
rc:. J i A'tlAKTIC AVENUE j
j j
w ~ i
i >
.
r--.-." .
i 'ot
Q
i '" ~
i ~ ~
i ...
i ~
a
LOWSON BOULEVARD
--
Q I
0
~
:lIIi
~ u
i
i ~ ~
oC
r'-' i .. i .
. .d,'~
'-.-. I L i
.' i r~ ~~
I I .
.' I
L! 4 i ,.
L.J . /
~ ~ ,-..../.__._._..J (
-I
oC 5! .__.
u
'" 2 !
I i __._._._._._._._.__._._._._._._._._._._.
...
5
L-.l8 CANAL
S.P .RAB. . H.P.B.:
.
CITY LIMITS -.-.--.-.- 1. - SOUTHERN BELL Y. - 20-24 N. SWINTON AVENUE
2. - CHEZ ZETTE Z. - 319 S.E. 7TH AVENUE
I MILE I 3. - LINTON OFFICE PARK
I .... - BLOOD ORCHARD
ELE~ENTARY SCHOOL
SCALE 5. - ~ORSE TOYOTA
N USED CAR FACILll'Y
6, - MORFEE RESIDENCE
CITY OF DElRAY BEACH. Fl
PLANNING DEPARTMENT
-- DIGITAL &45'E" MAP SYS71iM --
,
I
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERt7Jt1
SUBJECT: AGENDA ITEM # 9B - MEETING OF Auqust 16. 1994
AGREEMENT WITH TROPIC HARBOR ASSOCIATION FOR Alc
DISCHARGE LINES REIMBURSEMENT
DATE: August 12, 1994
This is before the Commission to consider a request from the
Tropic Harbor homeowners' association regarding the cost of the
temporary connections for the Alc discharge lines.
The City entered into an agreement with the association in March,
1993, in which the City agreed to install the drainage improve-
ments along Spanish Trail. As part of the agreement, the
association agreed to bear the cost of temporary connections for
the Alc coolant water discharge system required by the Environ-
mental Protection Agency's National Pollutant Discharge
Elimination System, N.P.D.E.S.
The association representative claims that the original cost
estimate given for completion of this work would be approximately
$3,000.00, and that the individual unit owners were assessed
based upon that estimate. The City's claim against the associa-
tion is $10,429.55. The association is requesting that the City
"split the difference" between the estimated costs and what was
actually charge by the contractor.
It is staff opinion that the temporary connections for the Alc
coolant water discharge system did not provide any public
benefit, and were solely for the benefit of Tropic Harbor
Association. Therefore, the Association should pay the entire
$10,429.55.
,~ ~ ~dcJiL;n )
M ~ ~~~~
--5 -- 0
'.
.
CITY OF DELRAY BER[H
August 1, 1994
. ",.-. ,,~,_..,-+ . '1
Sharon A. Weber, Esq.
Becker & Poliakoff, P.A.
450 Australian Avenue South
West Palm Beach, Florida 33401
Subject: Tropic Harbor Association
Dear Ms. Weber:
I reviewed your July 13, 19-94 letter regarding the charge for
the temporary connections for the AIC discharge lines at Tropic
Harbor. The City and the Tropic Harbor Association entered
into an agreement dated march 16, 1993 in which the City agreed
to install the drainage improvements along Spanish Trail. The
drainage system was crumbling, and due to the emergency nature
of the situation, the City agreed to the repairs even though
there was doubt as to the City's responsibility to repair a
private drainage system.
As part of the agreement, the Association agreed, in Paragraph
8, to bear the cost:
For the additional expense of the temporary air
conditioning coolant connections. Owner also
agrees to reimburse City for its costs in discon-
nectingthe coolant water discharge system in the
event Owner has not yet disconnected the system by
the termination date.
The alteration to the air conditioning coolant system is
Federal N.P.D.E.S. requirement, and was not simply requested by
the City. While you may consider the difference in the alleged
estimate and actual cost to be substantial, the agreement did
not provide for any assurance from the City that the costs
would be only $3,000. The City's Engineering Department
informs me that the costs increased due to the increased scope
of the work. However, in an effort to resolve this matter, I
will place this item before the Commission for their
consideration.
Please call if you have any questions.
Sincerely,
i-LJ -r jo""cL____,,
DAVID T. HARDEN,
City Manager
DTH:me
.
.
7/14'/94 c: Bil~et,.~Od - Please respB;d Oor the City Manager' s signat~e...C-IV-
SUS. W FACES t: t: t:O
RAB :mld :i ~.. i. BECKER&POLIAKOFF, P.A. JUl 1 4 1994
'- ~ ~, CiTY MAl\! -, nrq',s OFFICE
BOCA RATON * CLEARWATER DAYTONA BEACH* FORT MYERS HOLLYWOOD MELBOURNE* MIAMI NAPLES ORu"NDO
PORT CHARLonE* ST. PETERSBURG SARASOTA T AUAHASSEE T NIIPA WEST PALM BEACH
GNlY ^. PouMOFF REFLECTIONS BUILDING ADMINISTRA l1VE OFFlCES RlAl:Ig;
^,-^N S. BECKER 450 AUST'R^UMI AVENUE So<m1 &E:Jwn \.ME COllI'<lAAlE p_
ROBERT J, MANNE 71M FLOOR 3111 SnRUNG R0100
AlN't E. T ANNEN8A.U/I\ WEST PAlJoI BEACH, Fl33401-5034 FORT~, Ft. 33312.6525 West Pal. Beach
^rmtONY ^. K...wCHE p^lJoI BEACH (407) 655-5444 FORT ~ (305) 987-7550
o.....a S. ROSEN"^"'" BROWARD (305) 421-1477 FLORIDA Tlll.l FREE (800) 432-7712 Direct line:
SHARON ^. WEBfJI
ONlY C. ROSEN MARTIN (407) 546-6700 (407) 820-2868
AlLEN M, LEvINE FLORID^ Tou FREE (800) 462-7783
lEE H, BuRG F^CSlMILE (407) 832-8987
ROBERT L. T MKEL
CHARLES N. TETUNIC
STEVEN B. lEssER
RlCl1..."" H, BRrn July 13, 1994
MAR'TlN I. IN'F'E
MICHELE O. MILES
HERBEllT O. BROCK, JR.
CH^" M, McCLErVo nl""
OA\I10 H. ROGEL David T. Harden, City Manager JUL I 4 :~. ~~~
Eunt G. HIRSCH 1-..-
DENNIS A. H^^s City of Delray Beach
KENNE11i s. DIREKTOR
JOSEPH E. AoAMS 100 NW 1st Avenue ' ;1 '- --.. -
......... .~..~_._----..__.-- .-.
HAAOUl E. K""'-'N Delray Beach, FL 33444
MICl1AEL X. ZliMG -"-.-. ._--~
P""L L. WEAN
BERNIt:: FRlEDMA!'1
KEITH F. BACKER RE: Tropic Harbor Association, Inc.
NANCY E. BARSHiF..R Project #92-40, Work Order 94-13
DONNA D, BeRGER
AWSON K. BEniEL
KAT1ilEEN M. BURGENER
C. JOHN CHRlSTEJ'iSEN Dear Mr. Harden:
JOSEPH R. O^NFROOE
HOWAAO 0, COHEN
THEDA J. COUJNS Please let this serve as written confirmation of
STEVEtI M. D....V1s our
JNo\ES R, OEFumo recent telephone conference wherein I requested on behalf
ROSA M, DE LA C...............
RANDALL J. DEHAYES of the Tropic Harbor Association, Inc. that the City
JENNIFER BAlES DRAKE please consider compromise with the Condominium
CHRiS ^l.AN DRAPER a
STEVEN M. F N..K Association concerning the City's claim against the
SIMON F[RRO
MArnN KlJJ'o'\Pl.+ Association in the amount of $10,429.55.
oOl<f.TT... M, KNOERR
H. PAUl. KORONES
JAN KOIOBEK+ As we discussed, the Association changed their AIC
MELONIE I. KUCHAR
HECTOR E. LaRA coolant towers operation at the request of the city so
HElEtt... OUTIERREZ M.....cHQIlI
ORACE N, MANNE that the discharge would be eliminated from the storm
JoVi MARACEK+ drainage system. The original plans for the Condominiums
E VEl.. YN M. MERCHANT
PE:TER C. MotLENGAROEN allowed for their previous discharge into the City's sewer
PE:TER A. QUII'fTER
BENNETT l. R^",N system and were approved by the City. When the City
DAVIa H. RI'JMF.R
K.....EN E. ROSElll requested that the Association cease this discharge, the
ROBERT RUBlNSfElN Association promptly complied and only requested that the
HERMfNlO SAN RoMAtt
JIU. R, SCHWAI<TL new construction be coordinated with the city's
L. BRUCE SWlREN
MtCHAB. R. WHfIT construction.
LYNN SIMPSON WOODS
UNFENG ZHOU +
ANNE E, ZlMET The Association met with the City for coordinating
OF COUNSEL this project along with the City'S project. The City has
J, DA\I1o PENA
KAY L\ rONA already acknowledged that during the course of this
CAROL Y PEDERSE"l
GEORGE WElNBA(l/'to1 meeting it was estimated that the temporary connections of
the AIC discharge lines into the new drainage system was
estimated to be $3,000.00 by the City'S contractor, Tiger
OTHER OFFICES Construction. Based upon these representations the
PRAGUE. THE CZECH REP<Jeuc Condominium Association then proceeded to assess its unit.
OlW<GZHOU, owners for the cost of the construction of the Ale
PEOPLE'S REP<Jeuc Of' CHINA new
+Nor AOMITTED IN FlORlOA
. ^VNLA8lE FOR CONSULT^T1ON
BY ,A.f'P()tNTMEN'T.
,
Oavid T. Harden, city Manager
July 13, 1994
Page 2
coolant tower construction as well as the cost of the temporary
connections by the city.
Much to the Association's surprise and dismay, the City is
now requesting a reimbursement for the temporary connections in
the amount of $10,429.59 which is an enormously different figure
than the original estimated $3,000.00. Obviously, the City's
contractor made a huge mistake in estimating the cost of the
project. The Association feels that it would be fair to EPlit
the difference between the estimated costs from what was
________'".~---..._.----'"'.... ,.,_.......^.__...,,_....,~. _.....~.._._._.,~.....~__. ... ".............,._.m . ,-'" . "', ~_._..,
orlglnally estimated to what was actually charged by the City's
contractor. We would respectfully request that the City
commission consider this compromise. You have advised me that
this will be put on the agenda of an upcoming City Commission
meeting. You further advise that while the public may attend the
meeting, public comment will have to be invited by the City
Commission on this subject. I would appreciate very much if you
could advise me when this item is to be considered by the City
commission. My sincere thanks for your time, consideration and
cooperation in this matter.
Very truly yours,
x?,d~N ." WEBER
~Le Firm
SAW/ta
cc: Board of Oirectors
,
[ITV DF DElRAY BEA[H
CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444
FACSIrvlILE 407i278-4755 Wr.1.t.er'.. D.1.rect. L.1.ne
DELRA Y BEACH (407) 243-7090
f tOR I [} A,
b.e:d
AII.America City
, , II J,,~ MEMORANDUM
Date: July 26, 1994
1'1')\
To: David T. Harden, City Manager
From: David N. Tolces, Assistant City Attorn~
Subject: Tropic Harbor - Storm Sewer Imvrovements
Attached is a letter for your signature responding to the
Tropic Harbor Association's request to share the cost for
the temporary AIC coolant connections.
Please call if you have any questions.
DNT: smk
Attachment
tropic-1.dnt
~ Prmted on Rprvr.lt:'l,~,
,
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER fJl<1
SUBJECT: AGENDA ITEM # q e - MEETING OF AUGUST 16. 1994
CHANGE ORDER NO. 3/MOLLOY BROTHERS. INC.:
DATE: AUGUST 12, 1994
This is before the Commission to consider add Change Order No. 3
in the amount of $8,850.00 and five-day extension to the contract
time with Molloy Brothers, Inc. This Change Order is for
replacement of existing deteriorated sanitary manhole and
includes associated roadwork restoration on Del Aire Boulevard in
the Pines of Delray. This work is part of the Street Reconstruc-
tion and Utility Improvements (Northwest/Northeast) project.
The City will furnish a fiberglass manhole structure and manhole
ring and cover; Molloy Brothers is to provide all other labor,
equipment and materials to complete the installation.
Recommend approval of Change Order No. 3 with Molloy Brothers,
Inc., with funding from Water & Sewer Manhole Rehabilitation
(Account No. 441-5178-536.61-84).
~6-o
.
Agenda Item No. : ------
AGENDA REQUEST
Date: August 4, 1994
Request to be placed on:
__X__ Regular Agenda
----- Special Agenda
----- Workshop Agenda When: August 16, 1994
Description of item (who, what, where, how much): Staff requests City
Commission to approve Change Order #3 to Molloy Brothers, Inc. for the Street
Reconstruction and Utility Improvements (Northwest, Northeast) project (92-06).
Change Order #3 is for the replacement of an existing deteriorated sanitary
manhole on Del Aire Blvd in the Pines of Delray. The City of Delray will
furnish a fiberglass manhole structure and manhole ring and cover. Molloy
Brothers is to provide all other labor, equipment and materials to complete the
installation. Change Order #3 is for an add amount of $8,850.00 and an
extension of five (5 ) calendar days to the contract time.
Funding Source is: 442-5178-536-61.84 for $8,850.00
-------------------------------------------------------------------------------
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACKED YES/NO
Recommendation: Staff Recommends approval of Change Order #3.
-------------------------------------------------------------------------------
- -------~~)t---------------------------
Determination of Consistency with Comprehensive Plan: ---------------------------
--------------------------------------------------------------------------------
--------------------------------------------------------------------------------
City Attorney Review/Recommendation ( i f applicable) ----------------------------
--------------------------------------------------------------------------------
--------------------------------------------------------------------------------
Budget Director Review (~red on all items involving expenditure of funds):
Funding available: ES NO
Funding a l t ern a t i v e .' 1f ( if, ape l i c a Me) .J1ttE
Account ----'-H---~~~- if:.-~f- #Vj Rite /f1J' PEI-I:
Account ::;a~c~:~:q~~:- ~~~~__====_~==_=_============___ ~
City Manager Review:
Approved for agenda: {!J/NO fr;v/)
Kold Until: -----------------
Agenda Coordinator Review:
Received: -----------------
Placed on Agenda: -----------------
Action: ----------------------------
Approved/Disapproved
/agen063.doc
,
Memorandum
To: David T. Harden, City Manager
Director of Environmental ~~
From: William H. Greenwood,
Services
Date: August 8, 1994
Re: Change Order No. 3 - Reconstruction and utility
Improvements (Northwest/Northeast) - Project 92-06
Replacement of sanitary manhole at pines of Delray
Attached is an agenda request for Change Order #3 to the contract
with Molloy Brothers, Inc., for the replacement of an existing
deteriorated sanitary manhole on Del Aire Blvd in the pines of
Delray (see attached location map).
The base of this manhole has settled and separated from the
walls. This has caused the bench and flow channel to
deteriorate. These conditions have resulted in substantial
infiltration of groundwater and sand from outside the manhole.
The infiltration has created a void outside the manhole and has
caused serious pavement settlement of the roadway surface above.
The scope of work for Change Order #3 includes the
removal/replacement of the manhole and all associated
roadwork/restoration. The City of Delray Beach is providing the
new replacement fiberglass manhole structure and ring/cover
which was purchased previously.
Change Order #3 is for an add amount of $8,850.00 and extends the
contract completion date by five (5) calendar days. Funding is
available from Account No. 442-5178-536-61.84, R&R - Manhole
Rehab. (Budget transfer attached).
.
File: Memo to City Manager
92-060
A:mem09206
,
CITY OF DELRAY BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
CHANGE NO. 3 PROJECT NO. 92-06 DATE:
PROJECT TITLE: Street Reconstruction and Utility Improvements (Northwest, Northeast)
TO CONTRACTOR: Mo II oy Brothers, In c .
YOU ARE HEREBY REQUESTED TO MAKE THE FOLLO\JING CHANGES IN THE PLANS AND SPECIFICATIONS FOR
T HIS PROJECT AND TO PERFORM THE \JORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND
COVENANTS.
-----------------------------------------------------------------------------------------
JUSTIFICATION:
Replace existing manhole with new manhole on Del Aire Blvd in the Pines of Delray (see
attached location map). City of Delray is to furnish a new fiberglass manhole structure
and ring and cover F. O. B. CDB Environmental Services yard. Molloy Brothers, I nc. to
provide all other labor, materials, etc to transport these furnished materials to the
jobsite and complete the installationiincluding but not limited to clearing/pavement
remova l, excavation, wellpoint dewatering, removal and disposal of existing manhole,
by-pass pumping, tie-in to existing 8" vitrified clay pipe sewer, 12" rock bedding under
new manhole, concrete base and invert, set and seal manhole ring and cover, roadway/swale
restoration to a l i k e or better condition, traffic maintenance and videotaping prior to
construction.
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT $1,025,935.00
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 36,987.50
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $1,062,922.50
COST OF CONSTRUCTION CHANGES THIS ORDER $ 8,850.00
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $1,071,772.50
PER CENT INCREASE THIS CHANGE ORDER - .90 - %
TOTAL PER CENT INCREASE TO DATE - 4.5 -- %
CONTRACT COMPLETION DATE IS EXTENDED FIVE ( 5 ) CALENDAR DAYS FOR THIS \JORK
CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my
considered opinion, accurate
---------------------------------------------
for Molloy Brothers, I nc.
------------------------------------------------------------------------------------------
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
Environmental Services Department
Funding Source: 442-5178-536-61.84
------------------------------------------------------------------------------------------
DELRAY BEACH, FLORIDA by its City Commission
RECOMMEND: -~ --------------------------------------------
\Jilliam H. Greenwood, Director Thomas E. Lynch, Mayor
of Environmental Services
ATTEST:
APPROVED: -------------------------- By: --------------------------------------------
City Attorney City Clerk
.
/i - /If (> u. 07 () tlo 1;../ 1Y.....1., IN c.
[,c). J
11lI1ill'- - ~'1"'1 ,
SHEEr 6-C .
:~ fJNJ.fII {o
'-
l.c...
\,~~\-\D . LtfJ..
pJ;flp..
at /
(, 1""11 F ("(II I r:~' <:' F L.S.51 B
,j ,." '.., \,i ',_ ",' "..,I '., ..
LOWS 0 N ,....---..------- BOULEV)
6" F.M.
.__li:!~~____________~_________ __ JL____________
---II _-"'_--'__j ---
1 . j!:
~
I -of . ~
U1 CT. vi
I 0 f;fI
.._-~-
1~5
;- DEL- AI .
0 ,
w ~ 106. 0:::
,::J 1 5'~ .---.-. _.n _.._. ~ _,____.
221 I'.' F'l P ,', '." / ----
~ T I I r" r.' II" I r." C" ',.. r.' ..-
w '..... ..)....... ') I" I - _) ':.. .., "\ l~'.' (
~ .... ......,.,...
> · 'I ~~~:~"r (:::' r:- (': "r I () N n I" ~~"I P C' 1 C\~:' /
:~ '\'0 1.,1"' ..'~ ..1 '>,) ,/'
<( 1 ,..,) ......' '..,.. ..,' .... .----..--..------- ..__.-._-~._--- ..-----------..-- ..--_.... --_._.-
235" ~ I '~
9.1: 20'< "\
,..'..J I::>,
0 ......... ";"
W ('......lr. '.......'\ <
PANSY LANE ..... \..J I....... ......~I.'~.
Z ...,\ ",;'\1.. ), ~
(, ,...., . ,'" ~
5 ,,- ..) '"" ~ I" ... "I,., o.
( ."., 'I ....'....)
.." .") (;." 1:;,,- I"}
1...>\........... .:)'....... .., " >-
{"'I" , ',!, " \'" ( ;J .. C'\I
.. .~ '., 1 ~..I I..
· ~~' "~" tJ.' ~
l.' ,,"'11 "1.,
W 0::: ..-;" ',,',..~ ..", ..,,' '0( ,,) .J .' 1 9 6. 78'S
I I I ~.... .
(l': ',' I '~J "~~ "
~ 2~41 w' '... ',). 3i
<( t- · U1
...J en 96' .:J
LL ~ <( fE
lCH'
, 0:.:: -
11,,)' 0 22' (J
JU IPER x
-
206 311' 160' -S"VC
21.,) .346'
.S.51 178' DRIVE 303'
"
--::R~D HISTSCUS-E3LVD.
60'
",
I 1Q7' .2~Q' "1'/
,-
-- ---, nAnAVA .. .c... .
.
,
~ City of Delray Beach
Departmental Budget Transfer
(1) Departmental Une Transfer (2) Oat /:-.J~ ~\ elf? -
(3) Interfundllnterdepartmental Transfer (4) Sa -
'~
(5) Requested By: Richard C. Hasko, P.E.
-
(6) ACCOUNT NUMBER (7) DESCRIPTION (8) TRANSFER OUT (9) TRANSFER IN
442-5178-536-61.75 R&R - Isolation Valves 6,000
442-5178-536-61.84 R&R - Manhole Rehab. 6,000
(10) TOTAL 6,000 6,000
JUSTIFICATION: Transfer required to supplement current account balance to fund
C.O. #3 to Mbl loy Bros. contract for replacement of undenmined
ITBnhole on Del-Aire Blvd.
~"A ;// /J cJ ~!tr
_~7/7/ ..........., Asst City Manager
Department Head r// -' "V
Budget Officer City Manager
(11) Budget Revision Date (12) Control Number
(13) Period (14) Count
ORIGINAL-BUDGET CANARY-FILE oINK-DEPARTMEN7
,
.
.
M E M 0 RAN 0 U M
TO: MAYOR AND CITY COMMISSIONERS
~
FROM: CITY MANAGER /: ;-1\. !
SUBJECT: AGENDA ITEM # 9.1). - MEETING OF AUGUST 16. 1994
APPLICANTS FOR POMPEY PARK ADVISORY COMMITTEE
DATE: AUGUST 15, 1994
Item 9.0. on the August 16th regular meeting agenda has to do with
the establishment of the Pompey Park Advisory Committee.
The enacting resolution was included in the agenda booklet, but the
list of people who signed up for consideration as appointees was
inadvertently omitted. It is attached for your review.
fp rrfI oJ1tI
Cih1 ~ #" F7f1 ./IJfftL
)JfJ~
' ~
~ft ~ v-Pj
{))ho ~ /
b~
ref:agmem06
,
.
.
The following persons have submitted their names for consideration for
appointment to the Pompey Park Advisory Committee:
1. Ruth Adams 407-276-7285
2. Leroy Andrews 407-272-8086/272-5976
3. Roland Flynn 407-276-4490
4. Dwayne A. Jackson 407-274-8766/552-6916
5. M. Sue Jackson 407-496-3862
6. Charles Oxidine 407-265-3357
7. Richard Southers 407-495-3919
8. Tommy Stevens 407-276-2099
9. Adalaine D. Wilson 407-265-3357
park.doc
"
.
01<
W1
[IT' DF DELIA' HEAEM
CITY ATTORNEY'S OFFICE 200 NW lSl AVENUE' DELRAY BEACH. FLORIDA 33444
FACSIMILE 407/278-4755 Wri ter' s Direct Line
DELRA Y BEACH (407) 243-7091
f I I) I; I [) "
...... MEMORANDUM
AII.America City
1 ~ III~ATE: August 9, 1994
! 'jl! " TO: Joe Weldon, Director of Parks and Recreation
FROM: Susan A. Ruby, City Attorney
SUBJECT: Resolution - Pompey Park Committee
Attached please find a draft of the Resolution establishing the
Pompey Park Committee. I believe it encompasses all the items
we discussed. Please let me know if it is acceptable.
Attachment
cc: David Harden, City Manager
..) ,
@' 9D
::.. -, - t<' ;:.'1;:'-::':
.
.
,
RESOLUTION NO. 70-94
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, ESTABLISHING THE POMPEY PARK
COMMITTEE AS AN ADVISORY BODY TO THE CITY
COMMISSION; PROVIDING FOR ITS PURPOSE, PROVIDING FOR
ITS MEMBERSHIP, QUALIFICATIONS AND TERMS; PROVIDING
FOR A QUORUM AND VOTING; PROVIDING FOR OFFICERS,
SUBCOMMITTEES AND SUBCOMMITTEE MEMBERSHIP; PROVIDING
FOR MEETINGS AND RECOMMENDATIONS; PROVIDING FOR THE
DURATION OF THE COMMITTEE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach
recognizes the need for community involvement in making recommendations
to the City Commission for the enhancement of the Pompey Park facility;
and,
WHEREAS, the City Commission desires to establish the Pompey
Park Advisory Committee (the Committee) to make recommendations
regarding the programs and activities to be held at Pompey Park; and,
WHEREAS, the City Commission desires that the Committee also
make recommendations regarding the need for new buildings or facilities,
the rehabilitation, renovation or expansion of existing buildings, other
improvements at Pompey Park and the need for beautifying the grounds at
the Pompey Park facility; and,
WHEREAS, it is the desire that all recommendations of the
Committee focus on the particular needs of the City's youth, teenage and
adult segments of the community.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. Establishment.
That there is hereby established the Pompey Park Committee as
an advisory body to the City Commission.
Section 2. Purpose.
The purpose of the Pompey Park Committee is to make
recommendations regarding appropriate programs and activities to be
conducted at Pompey Park. The Committee shall further assess the
physical facilities and make recommendations regarding the need for
additional buildings or improvements at the Park, and/or recommendations
regarding the need for renovation or rehabilitation of buildings or
,
Section 6. Meetinqsi Recommendations.
The Pompey Park Committee shall meet once a month or more
often, as necessary. The Subcommittee shall meet when necessary or as
directed by the Chairman. All meetings shall be open to the public,
minutes shall be kept of all such meetings and any special meetings,
with copies of minutes to be transmitted to the City Commission and the
City Manager. The Subcommittees shall, from time to time, bring its
recommendations forward to the Committee for Committee action. All
recommendations of the Committee shall be forwarded to the Director of
Parks and Recreation. The Director of Parks and Recreation will then
forward the recommendation of the Committee with his comments, if any,
to the City Manager. The City Manager will forward the recommendations
with his comments, if any, to the City Commission.
Section 7. Duration.
The Pompey Park Committee shall continue until abolished by
the City Commission.
Section 8. Effective Date.
That this Resolution shall become effective immediately upon
passage.
PASSED AND ADOPTED in regular session on this the day of
, 1994.
MAYOR
ATTEST:
City Clerk
3 RES. NO.
,
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERfJ11
SUBJECT: AGENDA ITEM # 1i: - MEETING OF AUGUST 16. 1994
GOLF COURSE CLUBHOUSE CONSTRUCTION CONTRACT/INTERCOUNTY
ENGINEERING. INC.
DATE: AUGUST 12, 1994
This is before the Commission to consider the construction
contract for installation and improvement of Golf Course
Clubhouse on-site utilities to InterCounty Engineering, Inc.
Gateway Construction is the apparent lowest bidder; however,
their performance on prior City projects has been unsatisfactory.
After reviewing the instances where Gateway Construction was
deficient in their performance, and after checking references
provided in the bidding documents, it is recommended that the
contract be awarded to the second bidder, InterCounty Engineer-
ing, Inc., in the amount of $110,510.00.
Funding sources are available in the amount of $47,760 from Water
Utilities (Account No. 441-5161-536.63-50); and $62,750.00 from
Sewer Utilities (Account No. 442-5178-536.61-83) through budget
transfer from Renewal & Replacement (Account No. 442-5178-536-
99-01) .
Recommend approval of construction contract with InterCounty
Engineering, Inc., in the amount of $110,510.00.
1/ to I
CfJUu;(i) ~)
,
.
Agenda Item No.:
AGENDA REOUEST
Date: Auqust 10, 1994
Request to be placed on:
~ Regular Agenda
_____ Special Agenda
_____ Workshop Agenda When: Auqust 16, 1994
Description of item (who, what, where, how much): Staff requests award of the
Construction Contract for the Golf Course Clubhouse, on-site utilities (Proiect
93-18) to InterCountv Enqineerinq, Inc. of Pompano Beach, Florida as thev were
the most responsible responsive bidder, with their bid of S 110,510.00. This
pro;ect consists of installinq and improvinq the on-site utilities for the Golf
Course Clubhouse.
The fundinq sources for the pro;ect are:
Water Utilities, 441-5161-536-63.50 for S 47,760.00
Sewer Utilities, 442-5178-536-61.83 for S 62,750.00
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends award of the Golf Course Clubhouse,
on-site utilities (Pro;ect No. 93-18) to InterCountv Enqineerinq, Inc. of
Pompano Beach, Florida for their bid in the amount of S 110,510.00
Department Head Signature: ~/f fl(>~,~-.fl 611/9f
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable)
Budget Director Review (~ired on all items involving expenditure of funds):
Funding available: YE jNO
Funding alternatives ~f WliCable)
Account No. & Descri tiongztt:blbt-f;2f.,. 06'60 vJ ~ 1/AL-t:ffP(2DVervJfNrs-wf1m2MPlr--
Account Balance 1
if 1.--5n~-S%.(oI- :3 vi!. 5> e~R-L-IFI:31A CONV,1D5u~B'
City Manager Review: '* &l.-11hO LPeNDJN~A-f\Jc:;r=-(i:i2)
Approved for agenda: ~~NO tlJv?
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
/agenda.kt
,
1 -'
DEPARTMENT OF ENVIRONMENTAL SERVICES
MEMORANDUM
TO: DAVID T. BARDEN
CITY MANAGER
FROM: WILLIAM H. GREENWOOD 1flil1
DIRECTOR OF ENVIRONMENTAL SERVICES
DATE: AUGUST 10, 1994
SUBJECT: GOLF COURSE CLUBHOUSE, ON-SITE UTILITIES
AGENDA REQUEST
PROJECT NO. 93-18
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Attached is the bid tabulation for the above project. Gateway
Construction Co. of Pompano Beach, Florida is the apparent lowest
bidder. However, on the previous proj ect they contracted from
the City, (the North Federal Enclaves, including Allen Avenue,
Bond Way and Royal Palm Blvd) , their performance was
unsatisfactory. In addition to the bid tabulation, I have
attached a compilation of those instances where Gateway
Construction was deficient in their performance. Backup
documents from our files are also included.
After reviewing this information and checking references
provided in the bidding documents, it is our recommendation that
the contract be award to the 2nd bidder, InterCounty
Engineering, Inc., Pompano Beach, Florida for the amount of
$ 110,510.00.
The Engineer's estimate for this project was $ 125,085.00.
This project consists of improvements to sewer and water
utilities at the Golf Course Clubhouse.
The funding source for Sewer is Account No. 442-5178-536-61.83
for $ 62,750.00. (Budget transfer attached).
The funding source for Water is Account No. 441-5161-536-63.50
for $ 47,760.00.
WG:RU:kt
Attachments
cc: Joe Safford, Finance Director
Ralph E. Hayden, P.E., City Engineer
File: Project No. 93-18 (D)
Memos to City Manager
,
.
GOOOOOOOOOOOOOOOOO
zqqqqqqqqqqqqqqqqq
_~OOW~~~MW~WOOOoom
~NO~MO~Om~~o~o~O~~
W~~~~~~~~~~~~~~~ ~
W~~~~ ~~WON~~~~W ~
~~ ~~ ~
~
G U}
Z
W
W
zOOOOOOOOOOOOOOOO
~qqqqqqqqqqqqqqqq
~~mOW~N~MW~WO~OOO
~MM~MO~Om~ O~~~O~
W_~_~ W W_W_~_ M_~_ ~O_
~ ~ ~WO ~~ ~W
~
00000000000000000
GOOOOOOOOOOOOOOOOO
zcicicicicicicicicicicicicicicicici
W~OOOOOOOO~OOOOO~~
~~~~~~~~~~~~~~~~ ~
NWMM ~~O~~~~NNW 0
Z~ ~M~ ~
:J U}
0:: 0
0 0
..... ~
u WOOOOOOOOOOOOOOOO
~OOOOOOOOOOOOOOOO
~ zcicicicicicicicicicicicicicicici
-MMOOO~OOO~OONOO~
..... OO~~OOO ~_ 0_ 0_ 0_
Z M" M ~- e ..0 ~ ~ N W
W ~ M
(/) 0
=> u
0 00000000000000000
I ~qqqqqqqqqqqqqqqqq
w~o~OOo~Oo~OOOOOOo
CO GO Z~ONONW~ONNWOOOO~~
=>(/)..- O~~~~~~~~~~w~~~~ ~
_' I OM~MN ~~oww ~M W m
UWM Z ~ ~M m
-0'> >- U}
W..... 0 ~
(/):J6 .....
o::.....Z ::i W
=>=>..... ~oooooooooooooooo
OWU => Gqqqqqqqqqqqqqqqq
CO ~w~ooo~oo~oo~ooo
U.....W <(~ MNNONM~ON ~~M~g~O
~~~w~~o
u..-~ .....w MN ..oeeD' -
-,'10 ~ W CO
OG ~ M
OZo:: -~ (fl
C>0a.. COo... ----~=__===,_=:c,==,,=c=.=_'
~~~O~~~N~..-..-~~~O~~~<(
W NO NO.....
W ~N ~ ~ 0
.....
~~~~~~<<~W~~W~WWW
:J~~ W WW ~~ ~~~~~
>-G
~~Z ~~ ~
Z ~~O ~Wo::~
4: wwWOi=z~~4:~
z ~ ~>>~~<-~~a.ZW
o -~~~O~~~~WOW
- W~><~ W ~o::OO~
~~~_o::>>~Wo::WOW~ Z_
~ ~>Www~gwo~~~o~Z
0:: o::W~~ 00:: <~ ~
Oa.a.W: <~O~ OZ J:~O
WOOw~GG~m~~~~a.~~~
W:__~__aJ_ -_ W ~Z
oo<.oN_ioiioOioC)N~O::<~<_
~ O-NM~~W
Z~NM~~W~Wm~_~~~~~
l
,
I
00000000000000000
o~~~~~~~~~~~~~~~~~
W~O~O~~OMNO~NO~OO~
u..-~~~~~~~O~~~~~~O~~
_M~OM~N~m~~~~~~O ~
0~~M~ ~~~~m~ ~ ~ ~
~~ N~ M
W ~
> ~
i5
o
~OOOOOOOOOOOOOOOO
I-~MOOOOOOO~OO~OOO
~...t"":c:icOo)c:i~Nari<<>N~...tc:ic:i
MM~~~N~O~ ~~~~O~
OM~~~m~ ~~ ~O
M~ ~~~. ~-
N~
00000000000000000
~OOOOOOOOOOOOOOO~
W"":c:ic:ic:ic:ic:ic:iaric:ic:ic:ic:ic:ic:ic:ic:iN
Z~O~~~~OMO~OOOOO~~
_~N~~~mmOONmOO~O ~
~~N~NN MOO~ ~~ ~ N
~ ~~~ N
~
~
~ ~
o ~
~ 000000000000000000
-~ u..~~~~~~~~~~~~~~~~
0~000~0~00000000
MN~~~~OMO~OO~OO~
..- ~~~~~~~ m~ ~~
Z NN MOO ~ ~
W 0 ~~
~ e.>
o 00000000000000000
~ ~~~~~~~~~~~~~~~~~
~ ~OOO~OOOOOOOOOOOO
~ ~ 0NO~O~~OOOO~OOOO~~
~ ~ ~~~~~M~~~~~~~~~~ ~
~WI WOMN~ ~~~~M~~~M~ ~
e.>WM Z O~ ~~ ~
W~m 0 5 ~
w::Jo. ~ Ol
~- <( N
~5z ~ ~oooooooooooooooo
o ..- ~ <~~~~~~~~~~~~~~~~
"We.> ~ ~moo~~ooo~oo~ooo
-..-w - N~~O~NOOO ~o~oo~o
~-~ ~N ~~M~~~~ ~~ ~~ _
~~o ~w N~ ~~~ ~~ M~ ~
OZ~ g~ ~
~o~ ~~ ~
I-~~O~~~N~~~~~~O~~~<(
o NO N 0 ..-
W ~N ~ ~ 0
..-
ZCIu..u..~~~~~~0u..<0u..000
~~~WWWWWW~~W~~~~~
~C>
m~z ~~ ~
Z ~~Q u..0~~
-~ WWWOI-ZI-I-c(1-
Z W>>0 <-0U.~ 0
O~~0~I-~X:JWZW
~~~~~~~~~~ww~~8~~
~~~~~WW~8wO~x~2~Z
O~~W: ~~Oa::O~ZUJ::clt ~
0i5i50~c>c>~m~u.~~~~g~
:::~::Ol_ :_W0a:::~Z
O~~N~~~O~C>NI-a:::~I-<_
d~NM~~~~~mO~NM~~~
~ ~~~~~~~
,
00000000000000000
00000000000000000
cicicicicigcicicicicicicicicicici
~~oooo ooo~ooooo~~
~qqq~qqqqq~q~~qq ~
Z~.MN~N~~M~~~~O~ ~
_N~ ~~~ ~ ~
~ ~
0
~OOOOOOOOOOOOOOOO
0000000000000000
cOciciciciciciciciciciciaricicici
~~ooooooo~oo~oo~
o~ooooo 0_ ~_ 0_ O_
M N rti ~ lli ...: M- ~ ~ O~
~ ~ ~
wooooooooo~oooooo~
~~~~~~~~~~~~~~~~~~
w~NM~m~~.M~~NM~OON
Z~~~~~~~~m..~~Mo~~
~~~q~~~~q~~~~~~q ~
~.~.M ~.~Mm~~MN~ ~
~~~ N~ ~
Q. ~
0:: ~
0 0
I- ~
c...> ~O~OOOOOOO~OOMOOO
~ O~~~~~~~~~~~~~~~~
~~mM~mo~.M~~N~~OO
M~~~~m~~m .~MMO~
I- O~~~~ON M~ NO
Z ..,f M ..,f ~ M- ~ ...: N cD
W 0 N~
en
=> c...>
0 00000000000000000
J: 00000000000000000
Wcicicicicicicicicicicicicicicicici
a:J <Xl O~OOO~OOOO~OOOOO~~
=>en..... ~O.N~M~OON~O~~O ~
...J I ~Nllilli..,f ~rtiolli...: lliM~cD cD
c...>W('t) Z m~ N~~ .
-0) Z ~
WI- 0 ~ ~
en::ici ~
O::i=z ::J
=>=>I- 50000000000000000
owc...> => w~~~~~~~~~~~~~~~~
CD o~oooooooooo~ooo
c...>l-w ~~ MN~~~~~gg~~gM~g~o
u.-....,
...J~o lli..,f rtiolli lli ~cD CD
oc> N~
ozo:: -~ ER-
"Oa.. a:JQ. ...J
~~~O~~~N~~~~~~o~~~~
W NO N 0 I-
W .N ~ ~ 0
I-
~~~~C~~~~W~~W~WWw
~~~ w ~~W~~~~~
>c>
ffi~z ::E~ ~
z ::E~O ~w~~
- w - ~~<(
Z ~ ~~~~~!;(~~!:!::Q.!zw
o -~~~O~~><~WOW
- ~~~~~~WwWW~~O~~
~u:~~ww~8ffio~~~~~Z
Q.Q.W= !;(!;(Ca::Cg5Z :r:lt ~
~~~~~~ffi~~~~~g,~~~
Co~N~CoCoCCoC>N~a:::~~~~
9~NM.~~~~mO~NM.~~
Z ~~~~~~~
,
. .
City of Delray Beach
Golf Course Clubhouse, On-Site Utilities
Project No. 93-18
f'eoKfp(,M~ ~ ~ defi e i~ "'It:-; e.>
Breakdown of documented gelUH'enleS by Gateway Construction in regards
to Traffic & General Safety, Workmanship & Timeliness of Construction.
Traffic & General Safety (6 occurences)
1/30/92
3/19/92
6/3/92
6/12/92
8/26/92
10/19/92
Workmanship (6 occrirences)
4/22/92
7/9/92
8/10/92
8/17/92
8/25/92
1/26/94
*timber left in forcemain (section of pipe in Utility Dept.)
Timeliness of Construction (7 occurences)
7/21/92
8/11/92
8/25/92
8/28/92
9/21/92
1/11/92
3/1/93
"
, . .
City of Delray Beach
Departmental Budget Transfer
(1) Departmental Une Transfer (2) Date 08/10/94
(3) Interfundflnterdepartmental Transfer , (4) Batch Number
'7 .'){
(~<. (P
\,
(5) Requested By: Richard C. Hasko, P.E.
(6) ACCOUNT NUMBER (7) DESCRIPTION (8) TRANSFER OUT (9) TRANSFER IN
442-5178-536-99.01 R&R - Project Reserve 62,750.00
442-5178-536-61.83 R&R - LS Conv. to Subn. 62,750.00
(10) TOTAL 62,750.00 62,750.00
JUSTIFICATION: Transfer requ i red to fund repl acement of sewage lift stat i on at the
Municipal Golf Course in conjunction with Clubhouse construction.
/?
Department Head AU/#; lJ!(pf Asst City Manager
/6' ......~
Budget Officer City Manager
(11) Budget Revision Date (12) Control Number
(13) Period (14) Count
ORIGINAL-BUDGET CANARY-FILE PINK-DEPARTMENT
,
.
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER fJit1
SUBJECT: AGENDA ITEM it qr - MEETING OF AUGUST 16. 1994
APPOINTMENT TO THE BOARD OF CONSTRUCTION APPEALS
DATE: AUGUST 11, 1994
At the August 2nd regular meeting, Mr. Randolph deferred his
appointment to the Board of Construction Appeals to August 16,
1994. The vacancy is for the real estate broker/insurance agent
position. The term is for two (2 ) years, beginning September 1,
1994, and ending August 31, 1996.
To qualify for appointment, a person shall have actual previous
experience in their respective trade or profession deemed
sufficient by the Commission. Residency is not required. As of
this date, the Clerk's office has one application on file for
consideration:
Murray Gold
Pursuant to Commission direction, a check for code violations and
municipal liens has been conducted. There are none.
The appointment will be made by Commissioner Randolph (Seat #4).
Recommend appointment of a member (real estate broker or insurance
agent position) to the Board of Construction Appeals to a term
ending August 31, 1996.
V!UJ.~~~
~Ji~
S ...; 0
ref:agmemo5
,
" .
c~~ ~ *3 -707tJ
~K4-' ~7
CITY OF DELRAY BEACH ,;;0 - ~ e-e.-::7
BOARD MEMBER APPLICATION ~d ~_ ,_:. _
7' ~ ~;j<
NAME
HOME PHONE :5 'J!!1---c E
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING
~O~ r.?b 0 F- (!ON srR.u.C!., /E>tV {JfflF (JLS
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates)
NOrVE:
EDUCATIONAL QUALIFICATIONS !~:: '-~: r- :=~ :;~ 5, _'
r J ~.J ~ L.o(f~'''' f!... "lrJ21> ~ .A Q ~ d _ ~ SL f?d:l
fj , if r
""'''"a:;: r /DA!V-R ; -,- .. L~fl .-~'"' #,'. tQ.- ~. ~ ~ I-=-~ -..
LIST' RELATED PROFESSI~NAL ~RTIFICA';IONS AND LICENSES WHICH YOU HOLD
f1/0/V~
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION 6-;=NiS.R.~L (1,,,e,,v5.EL.-
~ Ar2~1r... ~"f IJlllvf FJ4l!.'ru ~ ;,vt<.. (76.Jf2' P .
,
DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS
. ~OARD . 'J ~ ' .
f,I/;;~ dlEt!NA,"h~#L .#~/~/7 ~, ;t;:~,;P'A.4"r~;.. ..:~~ rJ-/-4'-vY
. . ,
t?7r' d!i'/7 ".6'~. --rr;IAA-A-~~ tp~~~p~ t?~;UZ:: ..___a?
~11~ -- ~.P ...... ~-- o/~ .;.,- --- ,&-,-.-1<> I""'''' ,
"/
PLEAS ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA-
TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE.
~.,/~ ~~/:t.f(?91/
4/90
'!
,
". . .
Appointments to the Delray Beach Housing Authority
City Commission Regular Meeting of August 16 . 1994
The following persons have submitted applications for your review:
Donald Allgrove
Norma Bannoura
P. Richard Brautigan
Ronald Brito
Barbara D. Brown
Joseph Cadet
Bonnie Cipriani
David I. Cohen
Gail B. Dillard (applying for resident member position;
is the only applicant at this time)
Herbert Freese
Nadine Hart
Leroy Harrison
Fannie M. Hunt
Robert Hutzler
Kyle Kuberski
Richard LiCastri
Rosalind Murray
Rosetta Rolle
Jeanette Slavin
Eugene F. Strews
Kelly P. Whalen
.
. .
Ex = Excused
P = Present 1994
A = Absent DELRAY BEACH HOUSING AUTHORITY
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
Euge?e Strews P P P P I i
! I
Rev. L.C. Johnson A A p , , I
Ex I I ,
Kevin McCarty A p P P I I
Charles Broadnax p p p p
Lawrence A. Hunt P A A P
Gail Dillard A A A oc C I
c: Ex I
..-4 .r'!
, . ...
Judith Colvard P p p Q,) Q1 p
Q,)
~ x
CJ 0
:7.; z
I I I
1
atten.doc
,
, - .. .-
-
i q (I;
DELRAY BEACH HOUSING AUTHORITY
Jan Feb Har Apr Hay Jun Jul Aug Sep Oct Nov Dec
Eugene Strews , P P P A piP
Rev. L.C. Johnson ( appr t 61 3) P P P PIP
Kevin HcCarty (ap l>nt 9 1/93) P AlP
~,
Charles Broadnax P P P . P :: AlP
t
Lawrence A. Hunt P P P ~ It. ;! AlA
.. i
Gail Dillard It. p A i A PIP
Judith Colvard P P P P piP
Rosetta Rolle P Not reap ~int d
Rand.. Golder P P Rest Jned
~
....
i
i
atten.doc
"
.
. . ~ .:: }I, c///II'1st.-<Jo.eM
~:;: K. &bf.esk,'
~o{ph - REs//')E/"}T//l7~I77BE.e
M E M 0 RAN D U M dEfUXED k 9/13
-
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER m
SUBJECT: AGENDA ITEM # CfG - MEETING OF AUGUST 16. 1994
APPOINTMENTS TO THE DELRAY BEACH HOUSING AUTHORITY
DATE: AUGUST 12, 1994
The terms of Eugene Strews, Lawrence A. Hunt and Gail Dillard on
the Delray Beach Housing Authority expired on July 14, 1994. Mr.
Strews was initially appointed to the Authority in May, 1988, to
fill an unexpired term, and was appointed to his first full 4-year
term in 1990. He is eligible and would like to be considered for
reappointment. Mr. Hunt does not wish to be considered for
reappointment. Ms. Dillard has been serving as the resident member
on the Housing Authority. She was appointed in March, 1993, to
fill an unexpired term. She is eligible and would like to be
considered for reappointment. The attendance record is attached.
Per statute, no commissioner of an authority may be an officer or
employee of the city for which the authority is created. Each
housing authority shall have at least one commissioner who shall be
a resident who is current in rent in a housing project or a person
of low or very low income who resides within the housing
authority's jurisdiction and is receiving rent subsidy through a
program administered by the authority or public housing agency that
has jurisdiction for the locality served by the housing authority.
The term is for four (4) years, ending July 14, 1998. The list of
applicants is attached for your review.
Pursuant to Commission direction, a check for code violations and
municipal liens has been conducted. Dr. Cadet has one outstanding
lien, a copy of which is attached to his application.
In accordance with Florida Statutes, members are appointed by the
Mayor and ratified by the Commission. However, at the City
Commission meeting of June 5, 1991, a consensus was reached wherein
each Commissioner would, on an informal basis and according to the
rotation schedule, make a recommendation to the Mayor as to Housing
Authority appointees. For these appointments, the recommendations
will be made by Commissioner Alperin (Seat #2) , Commissioner
Ellingsworth (Seat #3), and Commissioner Randolph (Seat #4) for the
resident member.
Recommend appointment of three ( 3 ) members, including the resident
member position, to the Delray Beach Housing Authority to terms
ending July 14, 1998.
ref:agmemo1
.
CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION
REGULAR MEETING - AUGUST 16, 1994 - 6:00 P.M.
PUBLIC HEARINGS - 7:00 P.M.
COMMISSION CHAMBERS
AGENDA ADDENDUM
THE REGULAR MEETING AGENDA IS AMENDED TO INCLUDE:
9.H. EMERGENCY REPAIRS TO CLARIFIER NO. 3 /WATER TREATMENT PLANT:
Approve $20,000.00 to EIMCO Process Equipment to perform
emergency repairs to the rake mechanism in Clarifier No. 3 at
the Water Treatment Plant. EIMCO is the sole source vendor.
Funding is available from Water & Sewer Renewal and Replace-
ment - Other Contractual Services (Account No. 442-5178-536.
34 - 90) through budget transfer from Renewal and Replacement
Project Reserves (Account No. 442-5178-536.99-01) .
~ -5-0
,
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER f~(
SUBJECT: AGENDA ITEM # 9.H. - MEETING OF MAY 3, 1994
EMERGENCY REPAIRS TO CLARIFIER NO. 3/WATER TREATMENT
PLANT
DATE: APRIL 29, 1994
This is before the Commission to approve a $20,000.00 expendi-
ture for emergency repairs to the rake mechanism in Clarifier
No. 3 at the Water Treatment Plant, to EIMCO Process Equipment
Company.
Damages to the rake were discovered while removing excess sludge
and calcium build-up in the solids contact basin. During this
operation, the rake appeared to be out of alignment, and there
was a separation at welded joints.
Authorization for emergency repair was given on August 12, 1994.
EIMCO is the equipment manufacturer and the sole source vendor.
Their representatives performed an inspection and estimated
repair costs not-to-exceed $22,000.00. As the City already has
a Purchase Order for $2,000.00 for this work, Commission is
asked to approve the increase of $20,000.00 to fund the
necessary repairs.
Recommend approval of additional funding in the amount of
$20,000.00 for emergency repair of rake mechanism in Clarifier
No. 3, from Water & Sewer Renewal and Replacement - Other
Contractual Services (Account No. 442-5178-536.34-90) through
budget transfer from Renewal and Replacement Project Reserves
(Account No. 442-5178- 536.99.01) .
,
Agenda Item No.
AGENDA REOUEST
Date: 08/15/94
Request to be placed on:
XX Regular Agenda
Special Agenda
Workshop Agenda When: 08/16/94
Description of item (who, what, where, how much): staff requests
Commission approval of a $20,000.00 expenditure for EIMCO Process
Equipment to perform repairs to the rake mechanism in Clarifier No. 3 at
the Water Treatment Plant. Damages to the rake were discovered during a
routine cleaning process. EIMCO Process Equipment is the manufacturer of
the equipment and is the sole source vendor to accomplish the required
repairs. Funding is proposed from account #442-5178-536-34.90 - R&R -
Other Contractual Services with a budget transfer from R&R Project
Reserves.
ORDINANCE/RESOLUTION REQUIRED: 'J_/NO DRAFT ATTACHED 'J_/NO
Recommendation: Staff recommends approval of expenditure to EIMCO
Process Equipment for repairs to Clarifier No. 3.
DEPARTMENT HEAD SIGNATURE: 4YpA~ -t,/JS/,!'i G~
Determination of consistency with comprehensive Plan:
city Attorney Review/Recommendation (if applicable)
Budget Director Review (required on all items involving expenditure of
funds). ~
Funding available E /NO
Funding alternative (if a~Plicable)
Account No. & Description.14-Z.-s>n8-S~ -Y}--:::qO vJ.$ RJf~ -OTH~J2 CoNTf<. 5vc...
Account Balance WIOOO peN!>; Nt::, lf2MVsFEP-
City Manager Review:
Approved for agenda: ~S/NO 171
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
,
MEMORANDUM
TO: David T. Harden
city Manager FoE. ~
FROM: Richard C. Hasko,
Deputy Director of Public utilities
SUBJECT: REPAIRS TO CLARIFIER No. 3
AT THE WATER TREATMENT PLANT
DATE: August 15, 1994
During a routine cleaning process being performed on the
subject solids contact basin at the Water Treatment Plant to
remove excess sludge and calcium build-up in the basin, a
problem surfaced with the rake mechanism in the basin.
After draining of the tank and removal of excess treatment
by products, the rake was operated briefly to assist in the
final stages of debris removal from the bottom of the basin.
During this operation, personnel observed that the rake
appeared out of alignment and was scraping against the
inside of the tank. Closer inspection revealed that one of
the rake arms was tilted up out of normal position and there
was a separation at welded joints. Purchase Order #529349
was issued on August 5 to EIMCO Process Equipment, the
equipment manufacturer, to dispatch personnel to inspect the
rake mechanism and evaluate damage and repair costs. EIMCO
representatives arrived onsite on August 12 to perform the
inspection, and have estimated repair costs not to exceed
$22,000.00.
While clarifier #3 was partially rehabilitated in 1991 in
conjunction with construction of the Water Treatment Plant
Lime Expansion project, the torque limiting mechanism on the
rake was not checked or calibrated during the rehab. This
is a mechanical safety feature of the unit which is designed
to shut the rake down when excessive resistance to rake
operation is sensed. Improper calibration of this mechanism
is the suspected cause of the damage sustained by the unit.
Per your verbal emergency authorization on August 12, EIMCO
Process Equipment is proceeding with repairs to the rake.
We anticipate having the unit back in operation by August
22.
,
Attached is an agenda request and budget transfer for
Commission approval of this expenditure. since we already
have a P.o. for $2,000.00 for this work, we are requesting
commission approval to increase the existing P.o. by an
additional $20,000.00 to fund the necessary repairs. The
proposed funding source is account #442-5178-536-34.90, R&R
- Other Contractual Services with a budget transfer from R&R
Project Reserves.
RCH: jem
c: William H. Greenwood, Director of Env. Svcs.
Joe Safford, Finance Director
Donald Haley, Superintendent of WTP
f: TjF City Manager
,
. "
City of Delray Beach
Departmental Budget Transfer
(1) Departmental Une Transfer (2) Date 08/15/94
(3) Interfundllnterdepartmental Transfer (4) Batch Number
. ~
(5) Requested By: RIchard C. Hasko, P.E.
(6) ACCOUNT NUMBER (7) DESCRIPTION (8) TRANSFER OUT (9) TRANSFER IN
442-5178-536-99.01 R&R - Project Reserves 20,000.00
442-5178-536-34.90 R&R - Other Contr. Svcs. 20,000.00
(10) TOTAL 20,000.00 20,000.00
JUSTIFICATION: Transfer requi red to fund cost of repa i rs to rake mechani sm for
Clarifier No.3 at the Water Treatment Plant.
.....,
Department Head ~/Jtf2. L:V>. -. .I1-lfl!rft 1 Asst City Manager
'-'"
Budget Officer City Manager
(11) Budget Revision Date (12) Control Number
(13) Period (14) Count
ORIGINAL-BUDGET CANARY-FILE PINK-DEPARTMENT
.
(~/
;7"
L
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT: AGENDA ITEM # IDA - MEETING OF AUGUST 16, 1994
ORDINANCE NO. 59-94
DATE: JULY 29, 1994
This is public hearing and second reading of Ordinance No. 59-94
annexing the 1.07 acre north parcel of The Boy's Farmers Market,
changing the Future Land Use Map designation from County c/8 to
City GC (General Commercial), and applying an initial zoning
designation of GC District. The property is located on the east
side of Military Trail, approximately 2,100 feet north of
Atlantic Avenue.
On July 5, 1994, the south parcels of the Boy's Farmers Market
were annexed into the City with a GC zoning designation. The one
north parcel to be annexed excludes the 30 foot access easement
along the north side of the property.
At its meeting of July 18, 1994, the Planning and Zoning Board
held a public hearing. There was no public testimony in
opposition to the annexation, land use map amendment and zoning.
The board voted 7-0 recommending approval of this request.
Recommend approval of Ordinance No. 59-94.
~ 6-0
"
.
-
ORDINANCE NO. 59-94 I
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
i DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY
BEACH, A 1. 07 ACRE PARCEL OF LAND KNOWN AS THE BOYS I
FARMERS MARKET (NORTH PARCEL) , AND BEING MORE I
I PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS I
j
.1 CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; I
iI REDEFINING THE BOUNDARIES OF THE CITY TO INCLUDE SAID I
I I
I LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF I
I
i SAID LAND; AFFIXING AN OFFICIAL LAND USE DESIGNATION I
, FOR SAID LAND TO THE FUTURE LAND USE MAP AS CONTAINED
i I
,I IN THE CITY OF DELRAY BEACH COMPREHENSIVE PLAN; I
I
,I ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION !
il PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; I
il 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,
I are the fee-simple owners of a 1.07 acre parcel of land known as The
i Boys Farmers Market (North Parcel), as the same is more particularly
:1 described herein; and
"
:1 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 I
contiguous to the corporate limits of the City of Delray Beach,
Florida; and
WHEREAS, the City of Delray Beach has heretofore been
authorized to annex lands in accordance with Section 171.044 of the
Florida Statutes; and
WHEREAS, 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
i 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
:/
I
" I
...
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
I WHEREAS, the designation of a zoning classification is part
i of this proceeding, and provisions of Land Development Regulations
I
Chapter Two have been followed in establishing the proposed zoning
I designation.
I
I NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
I CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
,I
Section 1. That the City Commission of the City of Delray
'I
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: I
I
I
I
The South Half (S 1/2) of the Northwest Quarter (NW ;
I
1/4) of the Southwest Quarter (SW 1/4) of the
Northwest Quarter (NW 1/4) of Section 13, Township 46 I
I
South, Range 42 East, Palm Beach County, Florida
(LESS the East 300 feet, less the South 191.19 feet, i
and less the North 30.00 feet thereof), and LESS the !
right-of-way for Military Trail (State Road 809). I
I
I
The subject property is located on the east side of
Military Trail, approximately 2,100 feet north of
Atlantic Avenue; and containing a 1.07 acre parcel of
land, more or less. I
I
Section 2. That the boundaries of the City of Oelray Beach,
Florida, are hereby redefined to include therein the above-described
tract of land and said land is hereby declared to be within the
corporate limits of the City of Delray Beach, Florida.
Section 3. That the land hereinabove described shall
immediately become subject to all of the franchises, privileges,
immunities, debts, obligations, liabilities, ordinances and laws to
I
I which lands in the City of Oelray Beach are now or may be subjected,
inc l,uding 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 Beac~~ F...orida.
- 2 - Ord. No. 59-94
Section 4 . That this annexation of the subject property, I
including adjacent roads, alleys, or the like, if any, shall not be I
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 I
subject property is hereby officially affixed as GC (General I
I
! Commercial) . I
Section 6. That the City of Delray Beach elects to make I
;
I this small scale amendment by having only an adoption hearing,
i
'I pursuant to Florida Statutes Section 163.3187(1)(c)4.
,! Section 7. That Chapter Two of the Land Development I
,i ReqU,la tions has been followed in ,the establishment of a zoning
q classification in this ordinance and the tract of land hereinabove
;1 described is hereby declared to be in Zoning District ,GC (General
Commercial) as defined by existing ordinances of the City of Delray I
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.
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
I
! its effective status, a copy of which resolution shall be sent to the
i Department of Community Affairs, Bureau of Local Planning, 2740
I
I Centerview Drive, Tallahassee, Florida 32399-2100.
I I
I
i
I
I
- 3 - Ord. No. 59-94
,
PASSED AND ADOPTED in regular session on second and final
reading on this the day of I 1994. I
I
MAY 0 R I
ATTEST: 1
I
,I I
; City Clerk
:1
First Reading
I
d
" Second Reading
:1
I
L
I
:1
il
d
rl
I
i
!/
:!
'I
il
I
i
I
.1
1
- 4 - Ord. No. 59-94 I
,I
I, I
,I [
,\ !
I !
i
I
i
PALM BE! S}I
- COUNTY
GARY R~ NtKOLITS
PWJPERTY APPRAlSER
RGE TWP SEe AERIAL N
42 46 13 NO
II
-J @ 305
-
<C 0 o\~-:A:
:
a:
l-
17
... @ 318 308
.
. 5,22 AC, 5.32 AC.
A
3D' 41~5S Il~~"'eu"" a,
(,JJ(J1 ~~U) c=
0
a:
~
311.1 312
...-
.
~
-
a:
w
%
@ ~
C
..J
302@ ..J
c ~
CJ
> 316 .. 306 ...
!
a: 246AC, 243 AC,
<( ,,,.
I- ~ PROP~RTY TO BE ANNEXED
- .
-J . 79C'
-', 3~~P ". ~l @
~
. 309 -'
.,. EHI
. :;, I.
, - , -- ~ :><'6' THE BOY'S FARMERS MARKE
124 AC. - I.MAC.
(ANNEXED 7/6/9.)
,
;' J:.,/
'-
1
,Of!
L '
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID :.HA[j: C!-TY MANAGER
~P'~&~
THRU: D A&E DOMINGUEZ, DIR TOR
DEPARTMENT OF PLANNI A ZONING
, ,."
"" '.f ~
FROM: J F'~ A. COSTE~LO
E . PLANNER
SUBJECT: MEETING OF AUGUST 2, 1994
FIRST READING OF ORDINANCE NO. 59-9'-1 - 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 (NORTH
PARCEL) .
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. 07
acre parcel of land (The Boy's Farmers Market, North
Parcel), changing the Future Land Use designation from
County cIa 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 Ju 1 y 5, 1994, the south parcels of The Boy's Farmers Market
were annexed into the City with a GC zoning designation. While
the annexation was being processed, the property owner had
considered annexing the north parcel in conjunction with the
south parcel. However, there were issues regarding the access
road easement which needed to be re'solved. In order not to
further delay the project, the property owner chose to proceed
with annexing the south parcels. Thus, separate land use plan
amendment and annexation requests were submitted for the north
parcel.
The territory to be annexed includes one ( 1 ) parcel, excluding
the 30' access easement along the north side of the property.
The property is vacant however it has been utilized for parking
(unimproved) by The Boy's Farmers Market. 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.
city Commission Documentation
Meeting of August 2, 1994
First Reading of Ordinance No. 56-94 - FLUM Amendment, Annexation
and Initial Zoning for The Boy's Farmers Market (North Parcel)
Page 2
PLANNING AND ZONING BOARD CONSIDERATION:
At its meeting of July 18, 1994, the Planning and Zoning Board
held a public hearing in conjunction with review of the
requests. There was no public testimony in opposition to the
annexation, land use map amendment and zoning. The Board voted
7-0 to recommend that the requests be approved.
RECOMMENDED ACTION:
By motion, approval of Ordinance No. 56-94 on First Reading and
setting a public hearing date of August 16th.
Attachment:
* P & Z Staff Report and Documentation of July 18, 1994
* Copy of Ordinance No. ~-94
69
Y:CCBOYS.DOC
,
PLANNING ANt"' ZONING SOARP
CITY OF DELRAY BEACH --- ~TAFF REPORT ---
MEETING DATE: July 18, 1994
AGENDA ITEM: V.F.
ITEM: Annexation, S~all Scale Land Use Plan Amendment & Initial
Zonin~ for the Boy's Farmers ~~rket (North Parcel)
GENERAL DATA:
Owners...................Anthony' Elizabeth Fanelli I
Agent................... .Gerald B. Church
,
Location.................Approxlmately 2,100 teet
north ot Atlantic Avenue, <C
on the east .ide ot
Military Trail.
.
Property Size............l.07 Acre. "
County Land Use Map I'
ee.ignation..............C/8 (Commercial - Re.idential 'i
equivalent of 8 units/acre) HIGtPOINT WEST
Proposed City Land Use I
Map De.iqnation..........General Coamercial I
:
Exi.ting County zoning...AR (Agricultural Residential)
Proposed City zoninq.....GC (General Commercial) SPENCE
PROPERTY >-
Ad3acent Zonlnq...North: AR (Agricultural Re.idential) - County It:
,East: AR - County <C
South: GC - City ...
We.t: RS (Single F..ily Re8idential) - -
County -'
-
Existing Land U8e........Vacant land :. .
Proposed Land U8e........Construction of a parking lot to be #~-<
utilized by the adjacent taraers ~-( rJ, ~f,.
urket. .p..~\J'l #
Water Servlce............Water servIce currently exists ~~
via a service lateral connection
to a 12" water main along Military
Trail.
Sewer Service............To be available via a sewer maIn
extensIon fro. the po.t otfice, north
of the s1 te, to the farmers aarket,
immediAtely .outh of the aite.
ATLAN .
..
N
V.F.
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 CIS (Commercial High Intensity)
to City GC (General Commercial), and initial zoning of
GC (General Commercial).
LOR Sections 2.4.5 (A), eC} and eO} 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.
On July 5, 1994, the south parcels were annexed into the City
with a GC zoning designation. While the annexation was being
processed, the property owner had considered annexing the north
parcel in conjunction with the south parcel. However, there
were issues regarding the access road easement which needed to
be resolved. In order not to further delay the project, the
property owner chose to proceed with annexing the south parcels.
Thus, separate land use plan amendment and annexation requests
were submitted for the north parcel and are now before the Board
for action.
PRO J E C TOE S C RIP T ION:
The territory to be annexed includes one (1) parcel noted on the
Palm Beach County Property Appraiser's Map as parcel 313,
excluding the 30' access easement along the north side of the
property and consisting of 1.07 acres. The property is vacant
however it has been utilized for parking (unimproved) by The
Boy's Farmers Market. The proposed Future Land Use designation
is General Commercial and the proposed zoning designation will
be GC (General Commercial).
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 l.1lunicipali ty" . Pursuant to F. S. 171.044 (5)
"land shall not be annexed through voluntary annexation when
such annexation results in the creation of enclaves".
,
P & Z Board Stat ,eport
The BOY'S Farmerw Market (North Parcel) - FL .re Land Use Map
Amendment and Annexation with Initial Zoning
Page 2
* 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 Requlations Governing Annexationsl
Pursuant to the Land Development Regulations Section 2.4.5
(C)(l) "the owner of land may seek the annexation of contiguous
property, under his ownership" pursuant to Florida Statutes.
COM PRE HEN S I V E P LAN A N A L Y S I S:
CONSISTENCY BETWEEN THE CITY AND COUNTY LAND 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 CIS (Commercial -
Residential equivalent of S units per acre) . The City's
"General Commercial" Land Use designation is consistent
with the County's CIS 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.
ADJACENT LAND USE MAP DESIGNATIONS AND LAND 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 CIS (with an advisory City designation of
Transitional); and, west is Palm Beach County HR8 (High
Residential - S units per acre) (with an advisory City
designation of Medium Density Residential 5-12 units per
acre) .
The existing Land Uses are residential to the west
(Highpoint West); an access easement (road) to the north;
residential and vacant to the east; and, commercial to the
south (The Boy's Farmers Market).
CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN:
Desiqnated 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 properties already in the
City (Future Land Use Policy B-3.1). The following is a
discussion of required services and the manner in which they
will be provided.
._.
P , Z Board Sta Report
The Boy's Farme....- Market (North Parcel) - F- ,ure Land Use Map
Amendment and Annexation with Initial Zoning
Page 3
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 S~eriff
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 areaj as a consequence, significantly
improved response time should be realized. Annexation will not
require additional manpower, as the police currently pass the
property while patrolling areas of the City to the north and
south of the property.
Fire and Emergency Services: The annexation of this property
will not require additional manpower. The municipal area is
served by Fire Station No.4 (Barwick & Lake Ida Roads).
With annexation, the property will receive an improvement in
response time from the current 6 minutes of the County Fire
Department (Indian Springs/Military Trail & Woolbright Road) to
approximately 2.5 minutes for the City's Fire Department (Fire
Station No.4 at Barwick and Lake Ida Roads).
Water: Water service is available via a service lateral
connection to the existing 12" water main located along the east
side of Military Trail in front of this 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 construction
of the new farmers market installation of a fire hydrant will be
installed within 80' of the property.
Sewer: The property is not receiving sewer service. With
construction of the new farmers market a sewer main is to be
installed which will run along the front of this property. The
development plans show a stub-out for a future connection. Thus,
sewer service will be available upon payment of standard
connection fees and the installation of a service lateral.
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.
,
P & Z Board Staf \eport
The Boy's Farmer~ ~arket (North Parcel) - F~ ,re Land Use Map
Amendment and Annexation with Initial zoning
Page 4
Financial Impacts:
Impacts Upon Annexed Property:
For the 1993 tax year this parcel had an assessed value of
$149,915.00. With the change from County to City jurisdiction,
the following taxes and rates will be affected:
Ad Valorem Taxes Millage With Annexation
Fire/Rescue MSTU 2.6201 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.
The current yearly ad valorem taxes are $3,036.93. With
annexation the yearly ad valorem taxes will be $3,784.77; a tax
difference of $747.84. In addition to property taxes, the
following Non Ad Valorem fiscal impositions apply:
Delray Beach Storm Water Utility - As the property is currently
vacant, the stormwater assessment fee will be assessed.
However, once the proposed parking lot or a commercial building
is constructed, a City assessment will be applied based upon the
combined (100%) impervious area of the buildings, parking areas,
etc. A 25% reduction is available as the property is within the
Lake Worth Drainage District area and an additional 25% discount
if the drainage is retained on-site.
Solid Waste Authority - The Military Trail area is currently
serviced by County Sanitation, which is under a five year
contract that runs from October I, 1993 through September 30,
1998. The City's contract is currently through Waste
Management, Inc. Pursuant to Florida Statute 171.062 (4) (a) "if
a party has an exclusive franchise which is in effect for at
least six months prior to the initiation of an annexation, the
franchisee may continue to provide such services to the annexed
area for five years or the remainder of the franchise term
whichever is shorter". As the initiation of the annexation
occurred on February 8, 1994 which is within the six month time
period, the waste service provider will change with the
annexation.
Occupational Licence Fees - As the property is to be developed
as a parking lot which will be utilized by the farmers market,
additional occupational license fees will not be realized.
Water/Sewer Rates - The current proposal will not affect water
or sewer as no connections are proposed with construction of the
parking lot.
,--"
P & Z Board Sta~ Report
The Boy's Farme~- Market (North Parcel) - F~ ure Land Use Map
Amendment and Annexation with Initial Zoning
Page 5
Resulting Impacts to Property Owner:
TABLE A
SUMMARY OF IMPACT ON THE BOY'S FARMERS MARKET
FINANCIAL CONSIDERATIONS:
AD VALOREM TAXES
(Change from 93/94 county of 20.0772 +$ 747.84
to City 93/94 rate 25.0656 mills.(4.9884)
NON AD VALOREM
Stormwater Assessment $ .00
Solid Waste Collection $ .00
WATER & SEWER UTILITY FEES $ .00
OCCUPATIONAL LICENSE FEES $ .00
ANNUAL FINANCIAL IMPACT: +$ 747.84
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.
CODE ENFORCEMENT + 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 $1,199.32 in ad valorem taxes per
year.
Additional revenues will be realized through the annual
collection of the stormwater assessment fee once the proposed
parking lot is constructed. If a commercial building were to be
constructed on the property, additional revenues would be
generated by occupational license fees (approximately $80
annually) , water and sewer utility fees, utility taxes (9.5'
electric, 7' telephone) and franchise fees on electric,
telephone, and cable.
,
P & Z Board Staf Report
The Boy's Farme~_ Market (North Parcel) - F~ ..lre Land Use Map
Amendment and Annexation with Initial Zoning
Page 6
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 will allow for
the construction of a parking lot which will be utilized by the
Boy's Farmers Market. Upon annexation only the City zoning
designation is applicable.
REQUIRED r I N 0 I N G S: (CHAPTER 3)
Pursuant to Section 3.1.1 (Required Findings), prior to the
approval of development applications, certain findings must be
made in a form which 1s part of the official record. This may
be achieved through information on the application, the Staff
Report or Minutes. Findings shall be made by the body which haa
the authority to approve or deny the development application.
These findings relate to the following four areas:
FUTURE LAND USE MAP: The use or structures must be allowed in
the zoning district and the zoning district must be consistent
with the land use designation.
The proposed GC zoning designation is consistent with the
underlying "General Commercial" Land Use Designation.
The proposed parking lot, which will be utilized by the farmers
market, is an allowable use within the General Commercial zone
district. Under the current County AR zoning designation, a
commercial parking lot is not an allowable use. Thus, when
annexed the use will be a conforming use.
CONCURRENCY: Facilities which are provided by, or through, the
City shall be provided to new development concurrent with
issuance of a Certificate of Occupancy. These facilities shall
be provided pursuant to levels of service established within the
Comprehensive Plan.
The proposal involves the annexation of a vacant parcel
which is to be utilized for parking purposes for the
adjacent farmers market to the south. 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).
P & Z Board Staf ~eport
The Boy's Farmer~ ~arket (North Parcel) - F~ .re Land Use Map
Amendment and Annexation with Initial Zoning
Page 7
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONSz
It is anticipated that once annexation has occurred, a site plan
submittal will follow to provide parking on this property which
must comply with the City's Land Development Regulations.
Recently, the south parcel received site plan approval to
construct a new farmers market. The site plan showed
improvements on this property such as perimeter landscaping and
the installation of a driveway on the south side of the parcel.
The proposed improvements are in compliance with the City's Land
Development Regulations.
CONSISTENCY:
Compliance with the performance standards set forth in Section
3.3.2 (Standards for Rezoning Actions), along with the required
findings in Section 2.4.5 (Rezoning Findings), shall be the
basis upon which a finding of overall consistency is to be made.
Other objectives and policies found in the adopted Comprehensive
Plan may be used in making of a finding of overall consistency.
Section 3.3.2 (Standards for Rezoning Actions): Standards Band
C are not applicable with respect to this rezoning request. The
applicable performance standards of Section 3.3.2 are as
follows:
A) That a rezoning to other than CF within stable residential
areas shall be denied.
The subject property is not within a designated
residential area. Thus, this standard does not apply.
B) That the rezoning shall result in allowing land uses which
are deemed compatible with adj acent and nearby land uses
both existing and proposed; or that if an incompatibility
may occur, that sufficient regulations exist to properly
mitigate adverse impacts from the new use.
The 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, will be
adequately screened by a hedge and trees planted every
2S' . Further, compatibility with the abutting
residence to the east will be further enhanced by the
installation of a wood fence in addition to the
proposed landscaping.
Section 2.4.5(0)(5) (Rezoning Findings):
Pursuant to Section 2.4.5(0)(5), in addition to the provisions
of Section 3.1.1, the City Commission must must make a finding
that the rezoning fulfills one of the reasons tor which the
rezoning change 1s being Bought. These reasons include the
following:
,
P & Z Board Staf ~eport
The Boy's Farmerw Market (North Parcel) - F~ Jre Land Use Map
Amendment and Annexation with Initial Zoning
Page 8
a. That the zoning had previously been changed, or was
originally established, in error,
b. That there has been a change in circumstances' which
make the current zoning inappropriate,
c. That the requested zoning is of similar intensity as
allowed under the Future Land Use Map and that it is
more appropriate for the property based upon
circumstances particular to the site and/or
neighborhood.
The applicant has submitted a justification statement which
states the following:
tiThe 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 (The Boy's Farmers Market) have
been annexed to the City and are commercial uses. The
Fanelli property is a vacant lot which is to be utilized by
the farmers market for additional parking however, the
property has a County zoning designation of Agricultural
Residential which does not allow commercial parking lots.
The requested General Commercial zoning designation is
consistent with the 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 its location, as it is situated
between the farmers market and the post office.
REV I E W B Y 0 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 June 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.
P & Z Board Staf 1eport ,
The Boy's Farmerb Market (North Parcel) - Fu.~re Land Use Map
Amendment and Annexation with Initial zoning
Page 9
Public Notice:
Formal public notice has been provided to all property owners
wi thin 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.
ASS E SSM E N TAN 0 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 which will
result in a net increase of approximately $1,302.00. If a
building is ever constructed on the property, the City will
receive additional revenue from utility and franchise taxes.
If the annexation is approved, it is anticipated that a site
plan submittal will follow to construct a parking lot on this
parcel. The improvements must comply with the City's Land
Development Regulations.
A L T ERN A T I V E SAC T 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. Recommend denial of the annexation, small scale amendment
and initial zoning with the basis stated.
S T A F F R E COM MEN 0 A T ION:
Recommend approval of this annexation, small scale land use
amendment from C/8 to Ge, 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 Staf ~ Report
The Boy's Farmex' Market (North Parcel) - F Jre Land Use Map
Amendment and Annexation with Initial Zoning
Page 10
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
JC/TlaOYS2.DOC
.-'---'-.
/~
<
~,
~~'I7v /)
l-
[ITY OF ~~(, GQj~ ~t \I[H
: :; ~".~, ~. '. ... .~,
.......... ~ .~ ,'\ ; ~... :J \~..: -,. ~'.
"Iry ATTnr' ,~. ~.~ D~F'CE ',', \ . : ~ f i_ I.': ~ ~ =~ \ ,~~ ~ ~
u ~ ":. '. .4.\ , - ~ '.:. lllt.o' .... . Wr~t_r'. D~r_ct L~n_
DElRAY BEACH (407) 243-7090
' I ' , ~ , I' ,
b:8.d
AII.America City
, , 11" MEMORANDUM
July 25, 1994
Date:
To: City Commission Assistant City Attorne~
From: David N. Tolces,
Subject: Irrigation System Maintenance Fee Ordinance
The proposed ordinance would authorize the City to place a
$5.00 fee on a monthly water bill to compensate the City for
maintenance and irrigation costs associated with improve-
ments within rights-of-way. The fee would be imposed on a
parcel by parcel basis. Therefore, the City would charge
each property the same fee.
City staff attempted to compute a fee based on the amount of
square footage abutting the right-of-way. After several
attempts, it was decided that the uniform fee method was
more equitable.
The imposition of the fee does not relieve a property owner
from their responsibility to maintain the right-of-way area
adjacent to their property.
Please call if you have any questions.
DNT: smk
Attachment
cc: David T. Harden, City Manager
6--0
~/qtj
,~. /06.
~,'
-'
"
II ORDINANCE NO. 60-94
,I
'j'
I AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
1 DELRAY BEACH, FLORIDA, AMENDING CHAPTER 52, "WATER" ,
i
SECTION 52.39, ,. OTHER FEES" , OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH BY ENACTING A
NEW SUBSECTION 52.39(1), "FEE FOR MAINTENANCE OF
1 IMPROVEMENTS WITHIN RIGHT-OF-WAY", TO PROVIDE FOR AN
1
!' ADDITIONAL FEE TO CUSTOMERS FOR THE INSTALLATION AND
LONG TERM MAINTENANCE OF IRRIGATION SYSTEMS AND
IMPROVEMENTS WITHIN THE ADJACENT RIGHT-OF-WAY;
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE,
AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach is
" authorized to take measures to improve the aesthetics of the roads,
I,
!; parks, and lands within the City of Delray Beach; and
,j
I, WHEREAS, the City Commission of the City of Delray Beach
I
I' implements projects to install landscaping improvements within the
!I
1 public rights-of-way within the City of Delray Beach; and
Ij
I WHEREAS, the landscaping improvements require constant
I maintenance, including irrigation, in order to insure the
, survivability of the grass, plants and trees installed within the
right-of-way; and
"
I , WHEREAS, the City Commission of the City of Delray Beach
declares that it is the responsibility of the adjoining property owner
to insure the viability of the grass, plants and trees installed
within the right-of-way; and
I'
'I WHEREAS, pursuant to Section 4.6.16(H) of the City's Land
, Development Regulations, it is the responsibility of the property
I owner to sod, irrigate and maintain the unpaved portion of the
I right-of-way between the property line and the edge of pavement of the
, adjacent right-of-way; and
I WHEREAS, the City Commission of the City of Delray Beach
,I finds that the imposition of an additional fee to cover the expense of
II
" providing water sprinklers or other type of irrigation is necessary to
Ii
ii promote the continued maintenance and improvement in the aesthetics of
,I the City of Delray Beach; and
'I I
; I
" WHEREAS, the payment of the fee for the water and irrigation
system does not alter the property owner's duty to otherwise maintain I
the right-of-way adjacent to their property.
,
I,
i
I
I
I
I
,
I NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Title V, "Public Works" , Chapter 52,
"Water" , Section 52.39, MOther Fees", of the Code of Ordinances of the
City of Delray Beach, Florida, be, and the same is hereby amended by
enacting a new subsection 52.39(I), "Fee for Maintenance of
!. Improvements Within Right-of-Way", to read as follows:
(I) Fee for Maintenance of Improvements Within
Right-of-Way. In the event the City places
landscaping improvements and irrigation systems to
maintain the landscaping improvements within the
, right-of-way, the City Commission may impose a fee to
cover the cost of providing water to maintain the
improvements and to provide for the cost of
installing and maintaining a sprinkler or other
irrigation system. The City Commission may authorize
the payment of a fee to be collected monthly and to
be included on the monthly water bill for property
owners whose property adjoins the right-of-way in
which the City installed the landscaping
improvements. The fee shall be $5.00 per parcel
located adjacent to the right-of-way.
Section 2. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 3. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word be
, declared by a court of competent jurisdiction to be invalid, such
i ~
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
i! Section 4. That this ordinance shall become effective ten
(10) days after its passage on second and final reading.
I' PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1994.
1 I
i ~ MAYOR
> ATTEST:
I
City Clerk I
First Reading
Second Reading
- 2 - Ord. No. 60-94
!
I
.
. .
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER IJi-t1
SUBJECT: AGENDA ITEM # / Z A - MEETING OF AUGUST 16. 1994
ORDINANCE NO. 61-94
DATE: AUGUST 12, 1994
This is first reading for Ordinance No. 61-94 annexing and
establishing initial zoning of RL (Low Density Residential), for
an 11.63 acre undeveloped portion of Rockland Park Subdivision.
This property is located on the west side of Military Trail,
approximately 2800 feet north of Atlantic Avenue in unincorpora-
ted Palm Beach County, within the City's designated planning and
service area.
The applicant has applied for annexation of the parcel into the
City with an initial zoning of RM (Medium Density Residential).
However, the Planning and Zoning Board agreed with residents'
concerns that RM zoning would be incompatible with surrounding
densities, and recommended approval of the annexation with an
initial zoning of RL. The City Commission at its meeting of
August 2, 1994 gave direction to staff to transmit the associated
land use plan amendment to the Department of Community Affairs
(DCA) as a portion of Comprehensive Plan Amendment 94-2, with
annexation and initial zoning of RL.
If the annexation and initial zoning are approved on first
reading, the public hearing and second reading is expected in
December, 1994.
Recommend approval on first reading of Ordinance 61-94 annexing
an 11.63 acre portion of the Rockland Park Subdivision with an
initial zoning of RL (Low Density Residential) .
Y1l~ -!d ~ {/Jo dati ~)
R~ !d ~cJ:2-
.
.
,
.
------ ---._-------
t
ORDINANCE NO. 61-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY
BEACH, A PART OF ROCKLAND PARK SUBDIVISION, LOCATED
ON THE WEST SIDE OF MILITARY TRAIL APPROXIMATELY
2,800 FEET NORTH OF ATLANTIC AVENUE, AS MORE
PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS
CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITYj
REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE
SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS
OF SAI D LAND; PROVIDING FOR THE ZONING THEREOF TO RL
(LOW DENSITY RESIDENTIAL) DISTRICT; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, Andre Baldanza, Richard Baldanza, Jessica Olmsted,
Philip Polizzotto, and Marie Salanitri are the fee-simple owners of a
part of Rockland Park Subdivision, as the same is more particularly
described herein; and
WHEREAS, Jeffrey Kukes, as duly authorized agent for the
fee-simple owners as hereinabove named, has requested by petition to
have the subject property annexed into the municipal limits of the
City of Delray Beach; and
WHEREAS, the subject property hereinafter described is
contiguous to the corporate limits of the City of Delray Beach,
Florida; and
WHEREAS, the designation of a zoning classification is part
of the annexation proceeding, and provisions of Land Development
Regulations Chapter Two have been followed in establishing the
proposed zoning designation; and
WHEREAS, the City of Delray Beach has heretofore been
authorized to annex lands in accordance with Section 171.044 of the
Florida Statutes.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the Ci ty of Delray
Beach, Palm Beach County, Florida, hereby annexes to said City the I
following described land located in Palm Beach County, Florida, which
lies contiguous to said City to-wit:
"
!
1
., i
---
\
Lots 14 through 26, inclusive, Block 2 (less the
easterly 33.41 feet thereof for right-of-way for SR
809) , and Lots 1 through 26, inclusive, Block 3 (less
the easterly 34.02 feet thereof for right-of-way for
SR 809), ROCKLAND PARK, according to the Plat thereof
recorded in Plat Book 24, Page 23, of the Public
Records of Palm Beach County, Florida;
TOGETHER WITH the unimproved 50 ft. road right-of-way
for Mazza Drive, and the unimproved 25 ft. road
right-of-way (McGovern Lane) directly adjacent to the
south of Lots 14 through 26, inclusive, Block 3, and
the unimproved 25 ft. road right-of-way lying west of
and adjacent to Lot 14, Block 2, Mazza Drive road
right-of-way, Lots 13 and 14, Block 3, and McGovern
Lane road right-of-way, all lying within the Plat of
ROCKLAND PARK, as recorded in Plat Book 24, . Page 23,
of the Public Records of Palm Beach County, Florida.
The subject property is located on the west side of
Military Trail, approximately 2,800 feet north of
Atlantic Avenue; containing 11.63 acres, more or
less.
Section 2. That the boundaries of the City of Delray Beach,
Florida, are hereby redefined to include therein the above-described
parcels and said land is hereby declared to be wi thin the corporate
limits of the City of Delray Beach, Florida.
Section 3. That Chapter Two of the Land Development
Regulations has been followed in the establishment of a zoning
classification in this ordinance and the parcels hereinabove described
are hereby declared to be in Zoning District RL (Low Density
Residential) as defined by existing ordinances of the City of Delray
Beach.
Section 4. That the land hereinabove described shall
immediately become subject to all of the franchises, privileges,
immunities, debts, obligations, liabilities, ordinances and laws to
! which lands in the City of Delray Beach are now or may be subjected,
including the Stormwater Management Assessment levied by the City
pursuant to its ordinances and as required by Florida Statutes Chapter
1 197, and persons residing thereon shall be deemed citizens of the City
,
i of Delray Beach, Florida.
"
I
- 2 - Ord. No. 61-94
il
'i
;1
.
-------_._--~--
\
Section 5. 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 6. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 7. 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 8. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1994.
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
I
,
I - 3 - Ord. No. 61-94 j
I
I
1
\
.
O I : I '"
L ~ I T _H -
j- I I l--rr=i
_ . I V 1iL..
I 1 IIIII I I!! - r"
I COMUI OIlY[ I IDe
1) · ... - n. · :,
~ ~,' ~.. -
~ -L
~ C1
It:l
=1
I il - - ---=
~ r -- - PO'T oFf\Ct:!j [...!.. 1
\ ~ _ em' ....n _ .J' (V') I
~- I HIGHPOINT WEST '- -.-.' ~
~ I ~
r- :
SPENCE I .... -. ~ - III tl '- ,-
. PROPERTY:' il \ Ii __
~ I A
~ ilJ.:-
_u I T
----
- an UW1S - ~ ;::5:::
.. _...,-
.~~ ~v ~
f;;)(,V- ~\,~ct oU~~
... .# <; / '
~~_ I
I
!
-l I
I ! - --
L-J 1 I
I ~
__ ._ I 1 I I
I I (-....-- ATLANTIC
I "--
N I
-
em'~~::"n. ANNEXATION
"
-- lJI(;ITM, .... 11M' srsTDI -
-"-~""~~
.
, "
,. L,
l "'-_ \
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDEN, CITY MANAGER
THRU: DI~~~b
DEPARTMENT OF ~ING
~ -~
FROM:
SUBJECT: MEETING OF AUGUST 16, 1994
ANNEXATION OF A 11. 63 ACRE PARCEL OF LAND (A PORTION
OF ROCKLAND PARK SUBDIVISION) AND INITIAL ZONING OF RL
(MULTIPLE FAMILY RESIDENTIAL - LOW DENSITY.
ACTION REQUESTED OF THE COMMISSION:
The action requested of the commission is the approval on first
reading of the annexation and initial zoning of RL (Multiple
Family Residential - Low Density for a portion of the Rockland
Park Subdivision.
The subject property is a 11.63 acre vacant parcel, located on
the west side of Military Trail, approximately 2800 feet north
of Atlantic Avenue.
BACKGROUND:
The site is an 11.63 acre undeveloped portion of the Rockland
Park subdivision (total acreage 20.8) . It is located in
unincorporated Palm Beach County, within the City's designated
planning and service area.
In 1989, this property was given an advisory FLUM designation of
Medium Density Residential. It is designated on the County's
Future Land Use Map (FLUM) as LR-3 (Low Density Residential - 3
units per acre) . The applicant has applied for annexation of
the parcel into the city with an initial zoning of RM (Multiple
Family Residential - Medium Density) . An application for a
Future Land Use Map amendment from the current County
designation of LR-3 (Low Residential - 3 units per acre) to the
City's Medium Density Residential designation is being processed
simultaneously.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and . Zoning Board considered a request for
annexation with initial zoning of RM at its regular meeting of
'.
City Commission Documentation
Rockland Park Annexation and Initial Zoning
Page 2
July 18, 1994. At that meeting an number of residents of
adjacent properties expressed concerns over the effects of the
proposed density on their communities. They felt that
development at the RM maximum density of 12 units per acre would
be incompatible with the surrounding densities (Approximately
6-7 d.u./acre in High Point West and 3 d.u./acre in the
developed portion of Rockland Park). Other concerns related to
the possible height of structures developed pursuant to the RM
regulations and the possibility of development of the parcel as a
rental community. The Board agreed with the residents with
regard to the compatibility of the densities and recommended
approval of the annexation with an initial zoning of RL
(Multiple Family Residential - Low Density).
The annexation and initial zoning was considered in conjunction
with a change in the FLUM designation from County LR-3 to City
Medium Density Residential. The P & Z Board voted unanimously
to recommend transmittal of the amendment to Medium Density
Residential. On August 2, 1994 the City Commission voted
unanimously to transmit the amendment to Medium Density
Residential to the Department of Community Affairs (DCA) as a
portion of Comprehensive Plan Amendment 94-2. At that meeting,
the commission heard comments from area residents regarding the
potential density, and gave direction to staff to process the
annexation with an initial zoning of RL.
While the first reading of the annexation and rezoning can occur
at this time, the second reading of the ordinance will not be
heard until the FLUM amendment has been approved by DCA.
RECOMMENDED ACTION:
By motion, approve on first reading the annexation of an 11.63
acre portion of the Rockland Park Subdivision with an initial
zoning of RL (Multiple Family Residential - Low Density).
Attachment: \
* P&Z Staff Report
.
,
PLANNING AND ZONING BOARD
. CITY OF DELRAY BEACH --- STAFF REPORT ---
MEETING DATE: July 18, 1994
AGENDA ITEM: V.D.
ITEM: Annexation & Initial Zoning for Rockland Fark
GENERAL DATA:
Owner....................Andr. Baldzana, Richard
Baldzana, Jessica Olmstead,
Phil Polizotto, and Marie
Salanitd
Contract Purchaser.......Jeffrey luke.
Location.................Approximately 2800 feet north
of Atlantic Avenue, on the
we.t side of Military Trail.
property Size............ll.63 Acres
City Advisory Land Use
Map Designation..........Medium Den.ity Residential
County Land U.e Map
Designation..............LR-3 (Residential with a
maxiaum density of 3
units/acre)
Current County Zoning....AR (Agricultural
Residential) - PBC HlQ9'Q8rT W[$l
Proposed City Zoning.....RM (Multiple Family
. Residential - M&diu.
Den.ity) SPOfCl
Adjacent Zoning...Horth: AR ~TY
East: SAD (Special Activitie.
Di.trict), RM
South: RS (Singl. Family
R..idential) - PBC
We.t: RS :II
Existing Land U..........Vacant
Development Propo.al.....Ann.xation of the parc.l ~
with initial zoning
designation of RM.
Water Servlce............Exl.ting 12" water main
along the ea.t .ide of
Military Trail with .tub
out. to Conklin Drive and
McGovern Driv..
Sewer Servlce............Hear..t City sewer service
is an existing city lift
station at the northwest
corner of Military Trail and
Conklin Drive, approximately
300 feet to the north.
V.D.
.
I T E M B E FOR E THE BOA R 0:
The action before the Board is making a recommendation to the
City Commission on a voluntary annexation (pursuant to Florida
Statute 171.044) with initial City zoning of RM (Multiple Family
Residential - Medium Density).
Pursuant to Section 2.2.2(E)(6), the Local Planning Agency
(Planning and Zoning Board) shall review and make a
recommendation to the City Commission with respect to all
annexations and rezonings.
The subject property is:
The south 420.01 feet of the south 1/2 of the NE 1/4 of the
NE 1/4 of Section 14, Township 46 south, Range 42 east,
less the Military Trail right-of-way;
A/K/A Lots 1-26 (less the easterly 34.02 feet SR 809 ROW),
Block 3 and Lots 14-26 (less the easterly 34.02 feet SR 809
ROW) , Block 2 Rockland Park, as recorded in the Public
Records Of Palm Beach County, Plat Book 24, Page 23;
a vacant parcel located on the west side of Military Trail,
approximately 2,800 feet north of Atlantic Avenue. The property
is currently under the jurisdiction of Palm Beach County.
B A C K G R 0 UNO:
The site is an 11. 63 acre undeveloped portion of the Rockland
Park subdivision (total acreage 20.8). It is located in
unincorporated Palm Beach County, within the City's designated
planning and service area.
In 1989, this property was given an advisory FLUM designation of
Medium Density Residential. It is designated on the County's
Future Land Use Map (FLUM) as LR-3 (Low Density Residential - 3
units per acre). The applicant has applied for annexation of
the parcel into the city with an initial zoning of RM (Multiple
Family Residential - Medium Density) . An application for a
Future Land Use Map amendment from the current county
designation of LR-3 (Low Residential - 3 units per acre) to the
City's Medium Density Residential designation is being processed
simultaneously.
ANN E X A T ION A N A L Y S I Sa
Florida Statute. Governing Annexation:
Pursuant to Florida Statute 171.044 "the owner or owners of real
property in an incorporated area of a county which is contiguous
P & Z Staff Report
. Rockland Park - Annexation and Initial Zoning
Page 2
to a municipality and reasonably compact may petition the
governing body of said municipality that said property be
annexed into the municipality." Pursuant to F. S . 171.044 land
shall not be annexed through voluntary annexation when such
annexation results in the creation of enclaves.
The subject property is contiguous to the City, reasonably
compact, and the proposed annexation will not create any
enclaves. The owner of the subject parcel has petitioned
for annexation.
Consistency Between City and County Designations:
The ~urrent Palm Beach County Future Land Use Map Designation
for the property is LR-3 (Low Residential - 3 units per acre).
The current city advisory Future Land Use Map designation is
Medium Density Residential (5-12 units per acre) . The City's
designation will allow a higher density of residential
development. The proposed FLUM amendment will be discussed in a
separate report. Based on the findings contained in that
report, the City's FLUM designation will become effective upon
annexation and approval of Plan Amendment 94-2.
Consistency with Adjacent Future Land Us. Map D.signations and
Land Us.s:
The subject parcel is bordered on the north by an existing
single family development (the remainder of Rockland Park) which
is designated as LR-3 (Low Residential - 3 uni ts per acre) on
the County's FLUM. To the south and west of the parcel is an
existing multi-family development designated (HR-8 High
Residential 8 units per acre) on the County's FLUM. All of
these parcels have been assigned a City advisory FLUM
designation of Medium Density Residential (5-12 units per acre).
To the east of the property and across Military Trail is an
existing multi-family development (High Point) which ' is
designated as Medium Density Residential and an existing
commercial development (the Extra Closet) designated as
Transitional on the City's FLUM.
Given the parcel' s location adjacent to primarily residential
development at densities consistent with the city's Medium
Density Residential designation, this designation is appropriate
for the subject parcel.
Consistency with the City'S Comprehensive Plan:
Designated Annexation Area: The requested annexation 1s
consistent with Policy S-3.4, of the Future Land Use Element of
which calls for the annexation of eligible properties. The
property is shown within the "designated annexation area" t 5,
west of Military Trail.
.
P & Z Staff Report
Rockland Park - Annexation and Initial Zoning
Page 3
Provision of Services: When annexation of property occurs,
services are to be provided in a manner which is consistent with
those provided to similar properties already in the city (Future
Land Use Policy B-3 .1) . The following is a discussion of
provided services and potential provision levels.
This analysis will serve as the Urban Services Report for the
. proposed annexation, as required by Florida Statute 171.042
Traffic:
The current proposal is to annex the property and apply the FLUM
and zoning designations which are consistent with the City's
advisory designation that has been in place since 1989. On that
basis, there is no traffic impact associated with the
annexation, FLUM amendment, and initial zoning. Technically,
however, there is a difference between the traffic generated by
development under the City's designation as compared to that
which could occur under the County LR-3 designation.
The applicant has submitted a traffic study for the proposed
amendment. This analysis is based on the figures included in
that study.
The number of trips which could be generated by the development
of the parcel under the County's FLUM designation is 348:
11.6 acres * 3 units/acre = 34.8 units
34.8 units * 10 ADT/unit = 348 ACT.
The maximum potential for traffic generation under the City's
designation is 973 ADT.
11.61 acres * 12 units/acre = 139.32 units
ADT = 139.32 units * 7 ADT/unit
ADT = 975
As indicated by the study, there is a potential net increase for
the site of 627 ADT. The traffic information submitted with the
current application addresses only the directly accessed link of
Military Trail, which has adequate capacity to serve any added
trips. Thus, a positive finding can be made with regard to the
FLUM amendment and initial zoning.
Per Palm Beach County Uni f ied Land Development Code Section
7.9(I)(D)(2)(E), projects which generate 501-1000 ADT require
the submission of a full traffic study addressing the impact of
the development on all roadway links within a maximum radius 1
mile from the site at the time of Site and Development Plan
submittal. That study must address a roadway link beyond a 0.5
mile distance only if that link will receive trips from the
project in excess of l' of the affected roadway's LOS "0"
volume.
P & Z Staff Report
Rockland Park - Annexation and Initial Zoning
Page 4
Palm Beach County 1993 traffic counts indicate that Lake Ida
Road between Barwick Road and Congress Avenue, Atlantic Avenue
west of Military Trail and Military Trail south of Atlantic
Avenue all exceed the maximum permissible trips to meet Level of
Service "D." No widening of these links is proposed at this
time. These links are all within the 1 mile radius of maximum
influence, but more than 0.5 mile from the subject property. In
.order for a positive finding of concurrency to be made at the
time of site and development plan submittal, the submitted
traffic study must demonstrate that the impact of the project
will be less than l' of LOS "D" volume for these links.
Water:
Water is available to the site via an existing 12" water main
located on the east side of Military Trail. There are existing
road crossings stubbed out to the McGovern Lane right-of-way
(unimproved) an to Conklin Drive. The size of those stubs has
not been verified at this time. Verification will be required
at the time of development, as well as upgrades if the stubs are
smaller than the minimum 6" diameter. A looped 8" system for
the site and fire flow calculations will also be required at
that time.
Sewer:
An existing lift station is located on the west side of Military
Trail, north of Conklin Drive. This lift station may have
enough capacity to service future development of the site with
multiple family residential at a density of 6-12 units per acre.
If not, upgrading of the lift station may be required.
Drainage:
The site is currently vacant and therefore not subject to
drainage requirements. Submission of drainage plans meeting
City, South Florida Water Management District, and Lake Worth
Drainage District requirements will be required with the site
and development plan.
FirelEMS,
The subject parcel is currently serviced by Palm Beach County
fire station '42, located on Hagan Ranch Road, approximately 3.2
miles away. Average response time from the station is 5
minutes, 30 seconds at 35 MPH.
Upon annexation service will be provided by Delray Beach fire
station #4, located at the northeast corner of Barwick Road and
Lake Ida Road. The station is approximately 0.9 mile from the
site for a response time of 1 minute, 54 seconds at 35 MPH.
The fire department has reviewed the annexation petition and
indicated that service can be provided to the subject property
,
P & Z Staff Report
Rockland Park - Annexation and Initial Zoning
page 5
with installation of necessary on-site improvements (hydrants,
roads meeting minimum design standards, etc. ) concurrent with
the development.
police:
The subject parcel is currently serviced by Palm Beach County
Sheriff's Office, located at 345 S. congress Avenue, which
serves the south County area. The property lies within the
Sheriff's office patrol zone 4. Zone four consists of an area
bounded by El Clair Ranch Road on the west, the Atlantic Ocean
on the east, Boynton Beach Boulevard on the north, and Atlantic
Avenue on the south. This area is patrolled by one officer per
shift. Additional response can be summoned from "cover cars"
which roam between zones in numbers which vary according to
availability.
The proposed annexation will not require additional manpower or
expansion of patrol areas as the site is located between areas
currently serviced by the Delray Beach Police Department.
Response times are currently 4 minutes for emergency calls and 6
minutes for non-emergency calls. These times represent an
improvement over the probable response times from the Sheriff's
Office and will not be increased by the annexation.
Solid Waste:
The property, if developed under County JuriSdiction, would
receive solid waste pick-up from County Sanitation. The City is
currently under contract with Waste Management, Inc. for
pick-up. The property would receive trash removal twice weekly,
plus recycling pick-up one a week from either provider. The
rate charged for service would increase from $129 per unit
annually to $172.76
In the preparation of the Delray Beach Comprehensive Plan, an
assessment of level of service and the provision of services
with regard to Solid Waste was undertaken. Thus, the act of
officially annexing the property and adopting the City's
advisory FLUM designation has no impact on Solid Waste Disposal
concurrency.
Parks:
As the property is currently vacant, no demand for parks is
generated by the property, upon annexation. Potential impacts
from the development of this property according to the proposed
FLUM were considered during the preparation of the City's
Comprehensive Plan. At that time the City determined that
existing parks, along with programmed improvements, were
sufficient to meet desired LOS for future development according
to the FLUM.
At the time of building permit issuance, parks and recreation
impact fees in the amount of $500 per unit will be assessed.
P & Z Staff Report
I Rockland Park - Annexation and Initial Zoning
Page 6
Fiscal Impacts:
Impact on the Annexed Property: In the 1993 tax year the
property owners paid ad valorem taxes based on an assessed value
of $339,850. With the change from County jurisdiction to City,
the following rates will be affected:
Ad Valorem Taxes Millage With Annexation
Fire Rescue/MSTU -2.6201 Deleted
Library -0.3915 Deleted
City of Delray Beach +6.8600 Added
City of Delray Beach Debt +1.1400 Added
+4.9884 Difference *
* Total millage is 20.0772 in the County and 25.0656 in
the City
The increase in property taxes will be from approximately $6,824
to $8,519, an increase of approximately $1,695.
Additional charges, such as utility taxes, franchise fees,
stormwater assessments, etc. will be assessed once the property
is developed.
Impact on the City Revenues/Expenses: At the 1993 City millage
rate of 6.86 mills and debt service millage of 1.14 mills the
property will generate revenues of approximately $2,7l9 in
yearly ad valorem taxes. As the site is vacant, no additional
charges will be assessed by the City.
While the City will realize little additional revenue from the
annexation, no additional costs will be generated by the vacant
parcel.
However, when . the parcel is developed with multiple family
housing, significant revenues for the City will be generated.
Ad valorem tax revenues will increase proportionally to the
increase in the property's value with development. Additional
revenue to the City will be gained through collection of
stormwater assessments, landlord permit fees, utility taxes and
franchise fees.
Development of the parcel has the potential to add up to
approximately 302 people to the population of the City, based on
a maximum unit count of 139 and the City average of 2.17
residents per unit. The State disburses revenue from cigarette
taxes, state sales tax, State revenue sharing funds, etc. In
1993, these per capita reimbursements amounted to approximately
$90.38 per resident. Thus the City would gain up to $27,294.76
annually from per capita reimbursements when the parcel is
developed.
I
P & Z Staff Report
Rockland Park - Annexation and Initial Zoning
Page 7
Z 0 N I If G A N A L Y S I S:
REQUIRED FINDINGS:
Future Land Use Map: The use or structures must be allowed in
the zoning district and the zoning district must be consi.tent
with the land use designation.
Pursuant to Land Development Regulations Section 3.1.1(A) all
land uses and structures must be allowed in the zoning district
and the zoning district must be consistent with the land use
designation. There are no structures currently existing on the
parcel. A zoning designation of RM (Multiple Family Residential
- Medium Density) will be assigned to the parcel upon
annexation. The proposed zoning is consistent with the proposed
Future Land Use Map designation of Medium Density Residential,
which is being processed as a separate application.
Concurrency: Facilities which are provided by, or through, the
City shall be provided to new development concurrent with
issuance of a Certificate of Occupancy. These facilities shall
be prOVided pursuant to levels of service established within the
Comprehensive Plan.
The subject parcel is currently vacant. The maximum development
potential according to the current FLUM is 39 single family
dwelling units. The proposed FLUM designation and zoning would
permit a maximum of 139 multiple family dwelling units. As
described above, little demand for service capacity will be
generated immediately upon annexation and application of initial
zoning.
However, the potential for future service demands will be
increased by this action. Although positive findings can be
made at this time, reevaluation of concurrency requirements will
be necessary with the site and development plan for the
property.
Consistency: Compliance with the performance standard. set
forth in Article 3.3.2 ( Zoning) , along with the required
finding. of 2.4.5, 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
the making of a finding of overall consistency.
Section 3.3.2 (Standards for RezoninQ Actions)z The applicable
performance standards of Section 3.3.2 and other policies which
apply are as follows:
A) That rezoning to other than CF wi thin stable residential
areas shall be denied. (Housing Element A-2.4)
As the current proposal is initial zoning of the parcel to
a designation consi.stent with the City's Future Land Map
designation, this standard is not applicable.
P & Z Staff Report
Rockland Park - Annexation and Initial Zoning
Page 8
D) That the rezoning shall result in allowing land u.es which
are deemed compatible with adjacent and nearby land use.
both existing and proposed; or that it an incompatibility
may occur, that sufficient regulations exilt to properly
mitigate adverse impacts trom the new use.
The subject property is adjacent to land zoned AR
(Agricultural Residential) and RS (Single Family
Residential) in Palm Beach County, as well as SAD (Special
Activities District) and RM (Multiple Family Residential -
Medium Density) in the City. The surrounding land uses are
single family and multiple family residences, a self
storage facility, a post office, and various commercial
uses. Multiple family development in this location will be
compatible with surrounding properties.
Section 2.4.5(D)(5) (Rezoning Findings):
Pursuant to Section 2.4.5(0)(1) (Findings), in addition to
provisions ot Section 3.1.1, the City Commission must make a
finding that the rezoning fulfills one ot the reasons tor which
the rezoning change is being sought.
As the petition is an initial zoning designation to a property
being annexed, this section does not apply.
A review of the goals, objectives and policies of the adopted
Comprehensive Plan was conducted and the following additional
Goals, Objectives, and policies relevant to this action were
found.
Conservation Element Policy B-2.l:
The submission of a biological survey and a habitat analysis
shall accompany land use requests for plan amendments,
rezonings, and site plan approval.
Conservation Ele.ent POlicy B-2.2:
Whenever and wherever significant or sensitive flora and fauna
communities are identified pursuant to Policy B-2.1, they shall
be preserved as if they were environmentally sensitive areas as
identified in Objective B-1.
Conservation Element Policy B-2.5:
Whenever new development is proposed along a waterway, a canal,
an environmentally sensitive area, or an area identified
pursuant to Policy B-2.1, an area equivalent to at least 10' of
the total area of the development shall be set aside in an
undisturbed state or 25' of the native communities shall be
retained pursuant to TCRPC Policy 10.2.2.2.
"
P & Z Staff Report
Rockland Park - Annexation and Initial Zoning
Page 9
Although no biological surveyor habitat analysis has been
submitted at this time, native habitat in the form of Slash
Pine and Saw Palmetto has been noted on the site.
Submission of the biological survey and habitat analysis
will be required with the site and development plan.
Provision to preserve native communities according to the
above. Policies will be required as a part of the site and
development plan.
Future Land Use Element Policy B-3.3a:
This policy requires consistency between County and City FLUM
designations within the Delray Beach Planning and Service Area.
The proposed FLUM amendment, along with a County FLUM amendment
being processed concurrently for the property achieves the
required consistency.
LOR Compliance:
As this is a vacant property and no development is proposed with
this annexation and initial zoning action, review of the site
with regard to current development standards is not applicable.
REVIEW BY OTHERS:
The proposed Annexation and initial zoning is not in a
geographic area requiring review by either the HPB (Historic
Preservation Board), DDA (Downtown Development Authority) or the
CRA (Community Redevelopment Agency).
On June 29, Notice of the proposed annexation was sent to the
Palm Beach County Planning Division. To date no formal response
has been received.
Neighborhood Notic..
Formal public notice has been provided to property owners within
a 500' radius of the subject property. A special certified
notice has been sent to the property owner of record.
Courtesy notices have been sent to the following individuals and
groups who have requested notification of petitions in that
area:
* Helen Coopersmith
Progressive Residents of Delray
* Jack Kellerman
High Point
* Art Jackel
United Property Owners
.
P & Z Staff Report
Rockland Park - Annexation and Initial Zoning
Page 10
Letters of objection, if any, will be presented at the P & Z
Board meeting.
ASS E SSM E N T AND CON C L U S ION S:
Annexation of this property and with an initial City zoning
designation of RM is consistent with the City's program for
annexation of territory in its Planning and Service Area. The
annexation is also consistent with the requirements of State
Statute 171.044, regulating voluntary annexations.
The annexation will provide the property with Police, Fire, EMS
and other required services at a level equal to that of other
properties in the City with response times superior to those
currently provided by the County.
The property will experience an increase in taxes of
approximately $1,695 annually.
The City will receive additional revenue from property taxes of
approximately $2,719 a year, with a potential for significantly
increased revenue with the development of the property. The
City will not have an increase in expenses at this time.
Regarding the initial zoning, the proposed RM zoning is
appropriate for the location and consistent with the City's
current Medium Density Residential Future Land Use Map
designation. A FLUM amendment from the County LR-3 designation
to Medium Density is being processed concurrently, as a portion
of Comprehensive Plan Amendment 94-2. All required positive
findings can be made.
ALTERNATIVE ACTIONS:
A. Continue with direction.
B. Recommend approval of the proposed Annexation with
initial zoning of RM (Multiple Family Residential -
Medium Density) based on positive findings with
respect to Sections 3.3.1, 3.3.2, and 2. 4 . 5 ( D) ( 1 ) and
the Comprehensive Plan, as well as the following
findings:
That the property is contiguous, reasonably
compact and does not create an enclave; and
That services will be provided to the property in
a manner similar to other similar properties
within the City.
C. Recommend denial of the proposed annexation and
initial zoning of RM (Multiple Family Residential -
"
P & Z Staff Report
Rockland Park - Annexation and Initial Zoning
Page 11
Medium Density), based on a failure to make positive
findings.
S T A F F R E COM MEN 0 A T ION:
By Motion:
Recommend to the City Commission approval of an Annexation
request with initial zoning of RM (Multiple Family
Residential - Medium Density) for:
The south 420.01 feet of the south 1/2 of the HE 1/4
of the NE 1/4 of Section 14, Township 46 south, Range
42 east, less the Military Trail right-of-way;
A/K/A Lots 1-26 (less the easterly 34.02 feet SR 809
ROW), Block 3 and Lots 14-26 (less the easterly 34.02
feet SR 809 ROW), Block 2 Rockland Park, as recorded
in the Public Records Of Palm Beach County, Plat Book
24, Page 23;
based on positive findings with respect to Sections 3.3.1,
3.3.2, and 2.4.5(0)(1) and the Comprehensive Plan, as well
as the following findings:
That the property is contiguous, reasonably
compact and does not create an enclave; and
That services will be provided to the property in
a manner similar to other similar properties
within the City.
Attachments:
* Location Map
Report prepared by :
Reviewed by PO on :
.
. .
I\.
] i__ I I lr-
-- -- )-
, ;;,.--- 1 I j--
~ I
: I G .. -~
---- I ;
II I I II I I I ' i .
-- I' .. - n
""
i )\ \.. lL.. :.a
,
L-
~
jlJ ~
-- -
~ pee ~ I ~I MMY
-- i~F cEo ,
-----
~y-- I -'-- ~ - aTYLIm - .J
----
HIGHPO/NT ~ST ~
, .r- I I
i ---, PltMClD
SPENCE I
, ) J~1Oa
PROPERTY >-' I
~
~ I ~ l1T I
....
..J i
-
-~ 2 -- - ---
- CITY IM1S - "J,.J.
-
,..-<
IIIIIIII :-< <iJ'Y,'" ~'Y,
~,..~c'Y, scj} /
~ ~~
~~
~
-
iJ~ - ~
i -
I I
______A.1 LA N Ir. AVENUE
I I (J - art LIm - I I
-
N ANNEXATION and
~ IlVM1W:NT .FUTURE LAND USE MAP AMENDMENT
CITY (If lIlUtAY KACH. n.
-- (JI(;ITM, /lASE 11M' S)S7Dt --
I
..-.-.-
.
. .
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # IZ B - MEETING OF AUGUST 16. 1994
ORDINANCE NO. 62-94
DATE: AUGUST 12, 1994
This is first reading for Ordinance No. 62-94 annexing and
establishing initial zoning of R-1-A (Single Family Residential)
for the Lee property. This parcel contains approximately 16
acres and is located on the west side of Gallagher Road, north of
Atlantic Avenue and west of Barwick Road.
Accompanying the annexation and initial zoning request is a
Future Land Use Map (FLUM) change from County MR-S (Medium
Density Residential) to City Low Density. The amendment was
reviewed by the Commission on Augus t 2, 1994 and transmitted to
the Department of Community Affairs (DCA) .
At the Planning and Zoning Board meeting of July 20, 1994, there
were some objections from neighboring property owners related to
potential future development of the site as an adult day care
center for Alzheimer patients. The Board acknowledged that while
these concerns were relevant to the future Conditional Use
request, they were not relevant to the annexation, FLUM amendment
or the initial zoning.
If the annexation and initial zoning are approved on first
reading, the public hearing and second reading is expected in
December, 1994.
Recommend approval on first reading of Ordinance No. 62-94
annexing the Lee property with initial zoning of R-I-A (Single
Family Residential) .
f~ ,Sf ~
~-o
.
. .
.
-,-.-.-
I
ORDINANCE NO. 62-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY
BEACH, A PARCEL OF LAND KNOWN AS THE LEE PROPERTY,
LOCATED WEST OF AND ADJACENT TO KINGSLAND PINES
SUBDIVISION ON THE WEST SIDE OF GALLAGHER ROAD, AS
MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS
CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY;
REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE
SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS
OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO
R-l-A (SINGLE FAMILY RESIDENTIAL) DISTRICT; PROVIDING
A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, Saten K. Lee is the fee-simple owner of a parcel of
land as more particularly described herein; and
WHEREAS, Roger G. Saberson, as duly authorized agent for the
fee-simple owner as hereinabove named, has requested by petition to
have the subject property annexed into the municipal limits of the
City of Delray Beach; and
WHEREAS, the subject property hereinafter described is
contiguous to the corporate limits of the City of Delray Beach,
Florida; and
WHEREAS, the designation of a zoning classification is part
of the annexation proceeding, and provisions of Land Development
Regulations Chapter Two have been followed in establishing the
proposed zoning designation; and
WHEREAS, the City of Delray Beach has heretofore been
authorized to annex lands in accordance with Section 171.044 of the
Florida Statutes.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray
Beach, Palm Beach County, Florida, hereby annexes to said City the
following described land located in Palm Beach County, Florida, which
lies contiguous to said City to-wit:
,
I
The South Three Quarters (S 3/4) of the East Half (E
1/2) of the Southwest Quarter (SW 1/4) of the
Northwest Quarter (NW 1/4) of Section 13, Township 46
South, Range 42 East, Delray Beach, Palm Beach
County, Florida.
The subject property is located west of and adjacent
to Kingsland Pines Subdivision on the west side of
Gallagher Road; containing 16.15 acres, more or less.
Section 2. That the boundaries of the City of Delray Beach,
Florida, are hereby redefined to include therein the above-described
parcel and said land is hereby declared to be within the corporate
limits of the City of Delray Beach, Florida.
Section 3. That Chapter Two of the Land Development
Regulations has been followed in the establishment of a zoning
classification in this ordinance and the parcel hereinabove described
is hereby declared to be in Zoning District R-1-A (Single Family
Residential) as defined by existing ordinances of the City of Delray
Beach.
Section 4. That the land hereinabove described shall
immediately become subject to all of the franchises, privileges,
immunities, debts, obligations, liabilities, ordinances and laws to
which lands in the City of Delray Beach are now or may be subjected,
including the Stormwater Management Assessment levied by the City
pursuant to its ordinances and as required by Florida Statutes Chapter
197, and persons residing thereon shall be deemed citizens of the City
of Delray Beach, Florida.
Section 5. 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 6. That all ordinances or parts of ordinances in
,
I conflict herewith be, and the same are hereby repealed.
I Section 7. That should any section or provision of this I
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.
1
i
- 2 - Ord. No. 62-94
,
1
.
--_._- ..----.- --.-.
Section 8. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1994.
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
!
I
I
, I
i
i
1
I
!
- 3 - Ord. No. 62-94
:1 I
I
!\ ,
i
. I
I V G n ~ 11
I ~ ~
I I I ~ t I
I ~
lIIlIV . N..,'-' , '---' -
, I ... .. 3110 ST. . ,-- ...
,\ N... 311) S~.
, I
i ,I, I p
~~ ' ~I <(
I Ii! ~ q
,1 . I~OI( It:
I,.~I i .
i&
-- - ----- -----
! Ii I I I II
lIlIADT .. vo. I
~QllI'4 - I PO$i OH1CE. II ~ !f I
~ I I .J ~ ! I I I !
I
- 'CITY LMB - j I Ii
__-J'__~~--,=
HIGHPOINT WEST aNlM'TT ST. '=:
I L, .-
I
! I I
I~ ~.-. -- .......cu ""
SPENCE I :II: I
;1 I 7 ()
PROPERTY >-1
Ct: i aL.uGD lMl ~ ~ I
01( ! I iJ- lII: I
~ oC
CD
~ fIWMlOD III
- I I I I I I I 1
::i -" ---------- .-
- Ql'I LM1I - " I I I I I I \ . \ .\ .\ I
10- --
p.."' .... v v~ r- ::::t:::
~"'"' ~ ~~'" ~~ ~ ~ t::::: .--- l:::
sou P' ~ V .--- l::: ::::;v
~€ ~\."'c """ ..... ~ ;;:: ~ :.....t::
~'f.'T.- ;:; t:::~
~P' , ;:; :;; c: t::::::
I I - I ..... :;; t::::: ..-- L:;:.....
I - ~ ;,...- v ::;. ,.---
iT' I ;:: ::;. .-;; ;,.... .---t:::
, i "... .---
I '-.-"-- , .--- ::::
I ; : ..--;:; ~ :;; ;......
i ! I ' -v ..... :;; :;; ~ ~
, I V .....
, :;; ~ ~
- i ' .....
,
I :
\ : I
--- ATLANTIC AVENUE
aTY LMB - J I !
- I
I--- t:: -
~ - ,L '--
E -, I
- i
=1 '~
i- t--
t--
N
LEE ANNEXATION
Pl.ANNlNC lltPAlUWOIT
CITY rJf oaJtA T HACH. F\,
-- DfClT'AL BASC IIAP ~ -- <>
,~ '/.,'
r'h ,
l '
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: CITY MANAGER
THRU:
NING AND ZONING
FROM: PLANNER
SUBJECT: MEETING OF AUGUST 16, 1994
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval on first reading of an ordinance annexing and
applying an initial zoning designation of R-1A for the Lee
property.
The subject property is approximately 16 acres and located
along Gallager Drive, north of Atlantic Avenue and west of
Barwick Road.
BACKGROUND:
The parcel is within the City's planning area, which corresponds
with the future annexation and utility service areas. This
requested annexation is consistent with Policy B-3.4, of the
City's Future Land Use Element which calls for the annexation of
eligible properties. The property is shown within the
"designated annexation area" #4, east of Military Trail, north
and south of Atlantic Avenue.
The property is developed with a single family home, two small
horse stables and a mobile home. It has been utilized for many
years as a horse farm with a portion devoted to a citrus grove.
Access to the site is limited to the residential streets to the
east of the site within the Franwood or Kingsland Pines
subdivisions. These subdivisions are currently in
unincorporated Palm Beach County.
Accompanying the Annexation and initial zoning request is a
Future Land Use Map change from County MR-5 (Medium Density
Residential) to City Low Density. The amendment was reviewed by
City Commission on August 2, 1994 and transmitted to DCA. If the
annexation and initial zoning are approved on first reading the
second reading would not occur until City Commission considers
the Future Land Use Map amendment (94-2) sometime in December,
1994.
.
After annexation the applicant will seek a Conditional Use
approval to establish an Adult Day Care Facility for Alzheimer
patients.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at a
public hearing on July 20, 1994. The Annexation and initial
zoning to R-1A was considered concurrently with a FLUM amendment
from MR-5 (County) to Low Density (City).
At the public hearing five members of the public from the
adjacent neighborhood and the property to the north (Rossacker
property) spoke in opposition. The opposition was based on
several factors including concerns over increase in traffic
intensity, site access, implications with respect to potential
annexations of adjacent properties and a decrease in property
values. These concerns and comments related to potential
future development of the site as a adult day care center.
After discussion the Planning and Zoning Board acknowledged that
while these concerns may be relevant to the future Conditional
Use request they are not relevant to the annexation, FLUM
amendment or the initial zoning currently before the Board.
The Board unanimously recommended approval of the annexation,
FLUM and initial zoning request on a 7-0 vote.
RECOMMENDED ACTION:
By motion, approve on first reading the annexation and initial
zoning of R-IA for the Lee property.
Attachment:
* Planning and Zoning staff report
* Location Map
* Ordinance by others
t:lee
-
I PLANNING AND ZONING BOARD
~ITY OF DELRAY BEACH --- STAFF REPORT ---
MEETING DATE: July 18, 1994
AGENDA ITEM: V.E.
ITEM: Annexation & Initial Zoning for the Lee Property.
GENERAL DATA:
OWner................... . Batten X. Lee
Applicant................william Plum
Agent....................Roger G. Sabers on
Location.................West of and adjacent to
Kingsland Pines subdivision.
Property Size............!6.!5 Acres.
County Land Use Plan.....MR-5 Mediua Residential
(5 units/acre)
Propoeed City Land Uee
Plan Designation.........Low Density Residential
(0-5 units/acre)
Current County Zoning....AR (Agricultural . .
Residential)
Proposed City Zoning.....R-!-A (Single Family
,Residential)
Adjacent Zoning...North: AR
East: as (Single Faaily
Re.idential) - PBe
South: PC (Planned Commercial)
West: Aft and A (Agricultural)
Existing Land U..........lxl.ting single family
residence and associated
agricultural buildings.
Proposal.................Annexatlon of the parcel
with initial zoning
designation of R-I-A.
Water Servlce............Nearest City water service
Is via a 8" water main
serving Trail's End Plaza.
Sewer Servlce............A septic system exists
on-site. Mearest City
sewer service is via a 8"
sewer main serving Trail's
End Plaza.
\ . ~.
,
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 Statue 171.044) with
initial City zoning of R-1A (Single Family).
LDR Sections 2.4.5(C) & (0) provide the rules and procedures for
the processing of this petition.
The subject property is 16.15 acres and located on the west side
of Gallager Road, located north of Atlantic Avenue and west of
Barwick Road.
B A C K G R 0 UNO:
The subject parcel is within the City's future annexation area
and City's utility service area. The city has placed advisory
Land Use designations on County parcels with the planning and
utility service area. Prior to 1989 this parcel was given an
ART (Agricultural Residential Transitional) advisory land use
designation. In 1989, with the adoption of the new Future Land
Use Map the parcel was given a Low Density ( 0-5 units per acre)
designation. The applicant is now seeking annexation into the
City, a land use change from the County designation MR-5 to the
City's advisory designation LD (Low Density) and an initial
zoning designation of R-l-A.
PRO J BeT DES C RIP T lOR:
The Future Land Use Map (FLUM) designation and the annexationl
initial zoning items are being processed separately. This
report deals only with the subject of annexation and initial
City zoning.
The 16.15 acre site currently has four structures on it, a
single family home, two stables and a mobile home.
The applicant wishes to annex into the City and seek an R-I-A
zoning designation. At a later time the applicant intends to
seek a conditional use approval to establish a adult day care
for Alzheimer patients.
ANN E X A T ION A N A L Y S I S:
Florida Statute. GoverninQ Annexation.:
Pursuant to Florida Statue 171.044 "the owner or owners of real
property in an incorporated area of a 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".
P&Z Staff Report
Annexation & Initial Zoning Lee Property
Page 2
* The owner of the subject property has petitioned for a
voluntary annexation.
* The property is contiguous with the City, reasonably
compact, and its annexation will not create an enclave.
The parcel is contiguous via the a single family parcel to
the west immediately behind the Trails End Plaza, and via
the shopping plaza at the northeast corner of the Military
Trail and Atlantic Avenue.
An "Enclave" is defined by Florida Statute 171.031 as:
Any unincorporated improved or developed area that is
enclosed within and bounded by a single municipality
and a natural or man made obstacle that allows the
passage of vehicular traffic to that unincorporated
area only through the municipality."
Vehicular access to the subject property is not available
from the west, where established commercial uses and single
family homes exist. Therefore the subject property and all
the unincorporated County parcels east of the subject
property are by definition an existing enclave.
Annexation of the subject property will result in a
reduction of this existing enclave.
The City's current Future Land Use Map designation for the
parcel is "Low Density 0-5 units per acre", while the County
Land Use Designation is "MR-5 - Mediua Residential 5 units per
acre". The applicant is seeking a change from the County MR-5
designation to the City Low Density 0-5 units per acre. The
subject of the designation on the Future Land Use Map is
addressed in a separate report.
The city's FLUM designation will become effective upon
annexation and completion of City Plan Amendment 94-2.
Consistency With the CitY'1 Comprehenlive Plana
Designated Annexation Area: This requested annexation is
consistent with Policy B-3.4, of the City's Future Land Use
Element which calls for the annexation of eligible properties.
The property is shown wi thin the "designated annexation area"
#4, east of Military Trail, north and south of Atlantic Avenue.
Provision of Services: When annexation of property occurs,
services are to be provided in a manner which is consistent with
services provided to other similar properties already in the
City (Future Land Use Policy B-3.1). The following is a
discussion of required services and potential provision levels.
,
P&Z staff Report
Annexation , Initial Zoning Lee Property
Page 3
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 patrol the
surrounding areas within the City boundaries.
Fire and Emergency Service.: 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 Springs/Military Trail' Woolbright Road) to
approximately 2.5 minutes for the City's Fire Department (Fire
Station No.4 at Barwick and Lake Ida Roads).
Water: Municipal water service does not currently exist to the
site. Water mains exist to the east (12" main in Barwick Road)
and to the wes t (in the Trails End Plaza). Future development
of the property will require extension of the water main
(minimum 8") from Barwick Road to the site. Looping of the
mains for system integrity north or to the southwest to existing
mains in Barrett Street or the Trails End Plaza may be required
to accommodate on-site development. Fire hydrants placed a
maximum spacing of 500' apart will be required along the new
main.
Sewer: The existing single family use utilizes a septic field.
The nearest sewer to the site is located in Barwick Road and
Franwood Drive. Development of the site will require
construction of a sewer main west from Barwick Road to the site.
Street. and Traffic: The property has access via existing 20'
wide neighborhood streets within 60' rights-of-way. The impact
of traffic for any non residential use on the street system is a
concern. The applicant has submitted a traffic study addressing
the traffic under the current Agricultural county zoning
district, development under R-1A zoning (approx. 5 units per
acre) and under the proposed use of adult care facility.
Under the existing Agricultural zoning designation the site is
expected to generate approximately 40 daily trips. Development
as a single family subdivision would generate approximately
800 daily trips. The applicant has also provided traffic
generation numbers (171 daily trips) for the adult day care use
which will be applied for at a later time. No negative impacts
are noted at this time.
P&Z Staff Report
Annexation & Initial zoning Lee Property
Page 4
Per Palm Beach County Unified Land Development Code Section
7.9(I)(D)(2)(E), projects which generate between 500 and' 1000
ADT require submittal of a full traffic study addressing the
impact of development on all roadway links within a maximum
radius of one mile from the site. Development of single family
homes would require a study addressing the above radii while
. development of an adult day care center at the proposed scale
would not. Under either development scenario a finding of
traffic concurrency can be made on the effected roadways.
Parks: The current use of the property as a single family unit
creates little demand on parks. If the property is developed as
single family homes the potential 80 new homes would impact the
park system. However, this impact was factored in and
accommodated when the advisory land use designations of Low
Density was applied to the property during the Comprehensive
plan adoption process.
Future development of the parcel with residential units will
require compliance with the City's regulations for payment of an
in-lieu parks fee. Currently that fee is established at $500
per residential unit. [Ref: LOR Section 5.3.2.(C)(1)]
Solid Waste: As there is no change in actual land use and there
is no change in destination landfill, there is no impact on
solid waste disposal. The provider of the service will remain
the same, as described later in this report.
Fiscal Impacts:
Affect upon the annexed property: For the 1993 tax year the Lee
property had an assessed value of $642,591- An Agricultural
exemption has been granted for the property ot $450,000, along
with a homestead exemption of $25,000. After the above
exemptions the current taxable value of the property is
$167,59!.
With the change from County to City jurisdiction, the following
taxes and rates will be affected:
Ad Valorem Taxes Millaqe With Annexation
Fire/Rescue 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 ~otal millage rate is 25.0656 mills.
I
P&Z staff Report
Annexation & Initial Zoning Lee Property
Page 5
The Lee property will have an increase in taxes from
approximately $3,364.75 to $4,200 a year (an increase of
approximately $835.25). This will increase to $4,827.41
(increase of $1,462.66) upon removal of the homestead exeaption
and $16,106.93 (increase of $12,742.18) upon removal of the
agricultural exemption. However, the proposed Adult Day Care
facility will be administered by the Malta Senior Center Inc.
which is affiliated with the Catholic Church and will carry a
Tax Exempt status.
In addition to property taxes, the following Non Ad Valorem
fiscal impositions apply.
Delray Beach storm Water Utility - This equates to $27.00 a
year based upon the combined impervious area for the existing
single family structure and horse stables. This assessment will
increase with future development based on the percentage of
impervious area of the buildings and parking areas. A 25'
discount from the assessment is available as the site is within
the Lake Worth Drainage District and an additional 25' discount
may be available if on site drainage retention is provided.
Solid Waste Authority - The Military Trail area is currently
serviced by County Sanitation, which is under a five year
contract that runs from October 1, 1993 through September 30,
1998. The City's contract is currently through Waste
Management, Inc. Pursuant to Florida Statute 171.062 (4)(a) "if
a party has an 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 annexation was not initiated
within the six month time period, the waste service provider
will not change with the annexation.
Occupational Licence ree. -
Upon annexation the existing single family/farm use and
potential single family residential units will not require
occupational licences. If the proposed conditional use approval
is granted occupational fees will be required based upon the
type of uses.
Water/Sewer Rat.. - The Lee property is not currently served by
municipal water. Typically, properties not located within the
City that receive City water and sewer service are assessed an
Out-of-City surcharge. Under that scenario annexation of
properties receiving municipal water would see a 25' reduction
in sewer and water rates.
P&Z Staff Report
Annexation & Initial Zoning Lee Property
Page 6
Resulting Impacts to Property OWners:
SUMMARY OF IMPACT ON THE LEE PROPERTY
FINANCIAL CONSIDERATIONS:
AD VALOREM TAXES
(Change from 93/94 county of 20.0772
to City 93/94 rate 25.0656 mills.(4.9884) $1,462.66
without homestead with agricultural exemp
NON AD VALOREM +$ 27.00
Stormwater Assessment
Solid Waste Collection NA
WATER , SEWER UTILITY FEES $ .00
Does not receive city water or sewer
OCCUPATIONAL LICENSE FEES NA
ANNUAL FINANCIAL IMPACT: +. 1,489.66
NA - Oata not available
Effect Upon City Revenues/Expenses: At the 1993 City millage
rate of 6.86 mills and debt rate of 1.14 mills, the Lee property
will provide $l,149.67 and $191.05 respectively in new Ad
Valorem taxes to the City per year. This is a total property
tax increase of $1,340.72 a year. Without homestead exemption
the property would provide $1321.17 and $219.55 (total of
$1540.72) and without the agricultural exemption would provide
$4,408.17 and $732.55 (total of $5,140.72) additional taxes per
year. With development as an Adult Day Care center under Malta
Senior Center Inc. the City would receive no tax revenue from
this property.
Additional revenues will be realized through the annual
collection of the stormwater assessment fee ($27.00 currently)
as well any occupational license fees, utility taxes (8.5'
electric, 7' telephone) and franchise fees on electric,
telephone, and cable with future development.
The current single family home will generate approximately
$180.60 in per capita reimbursements. With future development
of the site as an adult day care use no per capita
reimbursements will be realized. However, if the site were to
be developed with 80 single family homes a per capita
reimbursement of approximately $90.29 per person or $17,631.68 a
year (2.17 persons X 80 = 195* $90.28= $17,631.68). The major
sources of per capita revenue are sales tax, cigarette tax and
state revenue sharing.
While the City will not receive any substantial revenue from
this annex'i', 10"'\, it will not incur significant demand for the
provision of services.
,
P&Z Staff Report
Annexation' Initial Zoning Lee Property
Page 7
TABLE 0
COMBINED FINANCIAL IMPLICATIONS TO THE CITY
GENERAL FUND
AD VALOREM TAXES +$ 1,540.72
PER CAP REIMBURSEMENTS: $180.60
UTILITY TAXES:
Electric (1): + $78.00
Natural gas (2): .00
Phone (3): + $ 3.00
FRANCHISE FEES:
Electric (4): +$55.06
Phone (5): +$21.00
Natural Gas (6): .00
Cable (7): .00
OCCUPATIONAL LICENCE FEE .
.
+$ .00
STORMWATER ASSESSMENT UTILITY PURD
ASSESSMENTS:
,
Stormwater Assessment +$ 27.00
SEWER AND WATER UTILITY FUND
UTILITY SERVICE FEES:
Water Utilities .00
Sewer Utilities .00
ANNUAL TOTAL: +$ 1,905.38
NA - Data not available
(1) Electric Utility Tax based on 8.5' residential FPL
average annual bill $917.74
(2) Natural Gas Utility Tax based on 8.5 , of Gas bill
(3) Phone Utility Tax based on 7' of phone bills - based on
average residential bill $25.00 a mouth
(4) Electric Franchise fees based on 6' of FPL bills
(5) Phone Franchise fee based on l' 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 Staff Report
Annexation & Initial Zoning Lee Property
Page 8
Z 0 N I N G A N A L Y S I S:
The proposed City zoning is "R-1A" single Family Residential and
the current County zoning designation is AR (Agricultural
Residential).
The surrounding zoning designations are: County RS to the east,
City AR (Agricultural) and County RS to the west, City RM to the
north, and PC to the south. Upon annexation only the City
Zoning designation is applicable.
R E QUI RED FIN DIN G S: (CHAPTER 3)
Pursuant to Section 3.1.1 (Required Findings), prior to the
approval of development applications, certain findings must be
made in a form which is part of the official record. This may
be achieved through information on the application, the Staff
Report or Minute.. Findings .hall be made by the body which ha.
the authority to approve or deny the development application.
These findings relate to the following four area.:
Future Land Use Map: The use or structures must be allowed in
the zoning district and the zoning district mu.t be consistent
with the land use designation.
The proposed R-I-A zoning district is consistent with the
underlying Low Density advisory Land Use Map designation
and the Low Density Land Use designation being sought in
the related Land Use Map amendment request.
Adult Day Care facilities are allowed as a conditional use
within the R-I-A zoning district.
Concurrency: Facilitie. which are provided by, or through, the
City shall be provided to new development concurrent with
issuance of a Certificate of Occupancy. Thes. facilities shall
be provided pursuant to levels of service established within the
Comprehensive Plan.
The proposal involves the annexation of an existing single
family home and horse stables. At the time of annexation
there will be no change in the manner in which water,
sewer, drainage, and street/traffic services are provided.
Fire, Police, EMS, and Solid Waste services will shift to a
different provider; however, all these services will be
equal to or enhanced (see annexation analysis for details).
Compliance with Land Development Regulations:
The existing single family use is in compliance
(conforming) with the proposed zoning of R-I-A. The
agricultural components of the use i.e. horse stables would
become non conforming as they are more appropriately
located within the "Agricultural" zoning designation. Any
future modifications i.e. establishment of an Adult Day
Care facility will be required to comply with all Land
Development Regulations.
,
P&Z Staff Report
Annexation & Initial zoning Lee Property
Page 9
Consistency: Compliance with the performance stanaaras set
forth in Section 3.3.2 (Zoning) , along with the required
findings in Section 2.4.5, shall be the basis upon which a
finding of overall consistency is to be made. Other objectives
and policies found in the adoptea Comprehensive Plan may be used
in making of a finding of overall consistency. The applicable
performance standards of Section 3.3.2 and other policies which
apply are as follows:
A) Performance Standard 3.3.2(A) states that a rezoning to
other than CF within stable residential areas shall be
denied.
This property is designated vacant residential on the
Residential Neighborhood Categorization Map. The
property to the east is noted as stable residential.
The application of a residential zoning designation on
this property is consistent with this performance
standard.
S) Performance Standard 3.3.2(D) states: That the rezone
shall result in allowing land uses which are deemed
compatible with adjacent and nearby land use both existing
ana proposed; or that if an incompatibility may occur, that
sufficient regulations exist to properly Ili tigat. adverse
impacts from the new use.
The initial zoning designation will accommodate a
single family residential use as a permitted use. The
zoning district also allows certain uses including
Adult Day Care upon approval of a Conditional Use
request. The compatibility of the single family uses
with adjacent properties is clear while the
compatibility of any conditional use is more
appropriately addressed with the review of the actual
request.
Pursuant to Section 2.4.5(D)(1), a justification statement
providing the reason for which the change i8 being sought must
accompany all rezoning requests. The Code further identifies
certain valid reasons for approving the change being sought.
As this petition is an initial zoning designation to be
assigned to property being annexed and the zoning is
essentially the same as exists under current County
regulations, the above section does not apply.
R ! V I B W B Y o T H ! R S:
The annexation is not in a geographic area requiring review by
either the HPB (Historic Preservation Board), DDA (Downtown
Developmenc AL&thority), or the CRA (Community Redevelopment
Agency) .
, .
,
P&Z Staff Report
Annexation & Initial Zoning Lee Property
Page 10
On June 5, 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.
Courtesy notices were sent to:
* Art Jackel (United Property Owners)
* Helen Coopersmith (PROD),
ASS E SSM E N T A N 0 CON C L U S ION S:
Accommodating the annexation of the Lee property and affixing
ini tial Ci ty zoning of R-1-A "Single Family Residential" is
consistent with the City's program for annexation of territory
within its planning and service area. There appear to be no
adverse implications of this annexation and zoning
consideration. By accommodating the annexation at this point in
time, both the City and the property owner will be able to more
efficiently process any future development proposal.
A L T ERN A T I V E S:
A. Continue with direction.
B. Recommend approval of the annexation request with an
initial zoning designation of R-1-A (Single Family
Residential).
C. Recommend denial of the Annexation petition with reasons
stated i.e. a failure to make appropriate findings.
S T A F F R E COM MER 0 A T ION:
By motion:
Recommend approval of the Annexation request with an
initial zoning designation of R-1-A (Single Family
Residential) based upon positive findings with respect to
Section 3.1.1, Section 3.3.2, Section 2.4.5 (0)(1) and
policies of the Comprehensive Plan and upon the following
findings:
That the property is contiguous, reasonably compact
and does not create an enclave.
That services will be provided to the property in a
manner similar to other similar properties within the
City.
Report prepared by: Paul Oorling, Principal Planner
&,:1.__:1.
"
-
-- '~ . ,
r l.----- I V
I ; I -
1 I~ C~ I IT
I I ~
JII'II' C
1
. II~
11." __ 11. - -I
j , J .... F-
. ~ I"'. r-
IIN'III ...I -n: -
T I~
I-- I-- ~
,
~. :1 iii
-
l1li" _ J =u r;
- -
.J pOcl1 Qff'\cE !I ---
1 I I _e. ---
~ -- 11 I --
~I - ..~I
, _J i
- CITf LII1'I - I r : I I
HIGHPOINT WEST ",.,;r;;;;.i=" T
L-
INN11
T 1 n. ~
I I IUtt ---
~---~---, I I I
SPENCE I nNt<<l J
...
PROPERTY )-. . I -
a: I I 7 lie:
lUlOOO U
C
.. """\
.... I ! .
JE
- Ie
...I I C
- 'LIHWOOI ·
::i 1_, I I ~ I I I I I. I I T
-
"'.... - a"~lI-1 " ITlTr7\\----
"," .. - - ,\ ,\ I '"""I
~~~ ~ ~~ ..---
Q-;:' ~\J"ct- t ", ~ ~~
V. t1-'l-t. ~:::: ,;'~ ,;'~
~"" :::;:", ::::::;
", "":::: ~~ ~""
I ~~ E:::~ ",,""
\ I ", "":::: ""~
"" ~~ ""
I ..... ~"" ::::::;
I i ~""
, --T "" ~~
, I "":::; ~:::;
I ""~
i I :,... ""....
, . - ~ ~V :;:::""
I "":::: ~;:::
I r---: I .,. i,;' ;.......-: ,;'
I ;...:::;: ~::::; ~
I ~
I 1 :.-i "".;1 ~~
\ ,"-
an LIlTS - ATLANTIC I !
I AVENU~ - -
- - _I I! , -
- ~ I-- ----'
I
'-- ~
- f-- i
- - I "-
Ii-II L-.
~ -
f--I I ~
f---i
N
- --
~c lll1'A1nWlln LEE ANNEXATION
aTY till DrUlA Y 1lACM. n.
-- ~"M a4# "'" S'rSTOI --
-
-
.
July 23, 1994 File#94-101
We the undersigned are residents of Franwood Pines, Kingsland pines
and Kindsland, oppose the Annexation of the LEE property into the
City of Delray Beach, the South Three Quarters (S 3/4) of the East
Half (e 1/2) of the South West Quarter (SW 1/4) of Northwest
Quarter (NW 1/4) of Section 13, Township 46 South, Range 42, East
Palm Beach Co ty, Florida.
t;<.; 09 !0C2lt ~/c..'e JJ).- /V~
~dt/e. 'c"
.?"
Ci ty Manager, David T. Harden cc: Diane Dominquez, Mayor, Tom
Lynch, Commissioners, Barbara Smith, David Randolph, Jay Alperin,
Ken Ellingsworth.
'.
1
July 23, 1994 File#94-101
We the undersigned are residents of Franwood Pines, Kingsland Pines
and Kindsland, oppose the Annexation of the LEE property into the
City of Delray Beach, the South Three Quarters (S 3/4) of the East
Half (e 1/2) of the South West Quarter (SW 1/4) of Northwest
Quart~r (NW /4) of section 13, Township 46 South, Range 42, East
Palm.B -, 'ch C unty, F orida.
r.
s+.
5;-;,
~(oit L~wc.rL L.f65' .::&.r re-if I
4 f. c;q
sr;
II II
'-! 5'~S- )) J\
" 'I J'
ci ty Manager, David T. Harden cc: Diane Dominquez, Mayor, Tom
Lynch, Commissioners, Barbara Smith, David Randolph, Jay Alperin,
Ken Ellingsworth.
.
.
July 23, 1994 File#94-101
We the undersigned are residents of Franwood Pines, Kingsland pines
and Kindsland, oppose the Annexation of the LEE property into the
city of Delray Beach, the South Three Quarters (S 3/4) of the East
Half (e 1/2) of the South West Quarter (SW 1/4) of Northwest
Quarter (NW 1/4) of section 13, Township 46 South, Range 42, East
Palm Beach County, Florida.
l/67s fN1N";()..~ DRlv&'"
tl 7 /7-
VI / '')-
..
.
l((,L1 /?A-r21l (; T7 j,-
.3 Z ct/0.d:(
Ci ty Manager, David Harden cc: Diane Dominquez, Mayor, Tom
Lynch, Commissioners, Barbara smith, David Randolph, Jay Alperin,
Ken Ellingsworth.
1
July 23, 1994 File#94-101
We the undersigned are residents of Franwood pines, Kingsland Pines
and Kindsland, oppose the Annexation of the LEE property into the
city of Delray Beach, the South Three Quarters (S 3/4) of the East
Half (e 1/2) of the South West Quarter (SW 1/4) of Northwest
Quarter (NW 1/4) of section 13, Township 46 South, Range 42, East
Pal Beach County, Florida.
I
Ci ty Manager, David T. Harden cc: Domin ez, Mayor, Tom
Lynch, Commissioners, Barbara Smith, Randolph, Jay Alperin,
Ken Ellingsworth.
.
July 23, 1994 File#94-101
We the undersigned are residents of Franwood pines, Kingsland pines
and Kindsland, oppose the Annexation of the LEE property into the
city of Delray Beach, the South Three Quarters (S 3/4) of the East
Half (e 1/2) of the South West Quarter (SW 1/4) of Northwest
Quarter (NW 1/4) of section 13, Township 46 South, Range 42, East
Palm Beach County, Florida.
City Manager, David T. Harden cc: Diane Dominquez, Mayor, Tom
Lynch, Commissioners, Barbara Smith, David Randolph, Jay Alperin,
Ken Ellingsworth.
1
-
July 23, 1994 File#94-101
We the undersigned are residents of Franwood pines, ~ingsland pines
and KinJsland, oppose the Annexation of the LEE property into the
City of Delray Beach, the South Three Quarters (S 3/4) of the East
Half (e 1/2) of the South West Quarter (SW 1/4) of Northwest
Quarter (NW 1/4) of section 13, Township 46 South, Range 42, East
Palm Beach County, Florida.
../) , -s' [ R .2..
-f1l/4Pces DK
.-
r P,1wC.c:S
11. It' "
f}f!- tl17-{' t
Cit Ma ager, David T. Harden cc: Diane Dominquez, Mayor, Tom
ch, Commissioners, Barbara Smith, David Randolph, Jay Alperin,
Ken Ellingsworth.
1
-- .
July 23, 1994 File#94-101
We the undersigned are residents of Franwood Pines, Kinqsland pines
and Ki~sland, oppose the Annexation of the LEE property into the
City of Delray Beach, the South Three Quarters (S 3/4) of the East
Half (e 1/2) of the South West Quarter (SW 1/4) of Northwest
Quarter (NW 1/4) of section 13, Township 46 South, Range 42, East
Palm Beach county, Florida.
~9'-
ci ty Manager, David T. Harden cc: Diane Dominquez, Mayor, Tom
Lynch, Commissioners, Barbara Smith, David Randolph, Jay Alperin,
Ken Ellingsworth.
.
1
July 23, 1994 File#94-101
We the undersigned are residents of Franwood Pines, Kingsland pines
and Kindsland, oppose the Annexation of the LEE property into the
City of Delray Beach, the South Three Quarters (S 3/4) of the East
Half (e 1/2) of the South West Quarter (SW 1/4) of Northwest
Quarter (NW 1/4) of section 13, Township 46 South, Range 42, East
Palm Beach County, Florida.
,\'
-
City Manager, David T. Harden cc: Diane Dominquez, Mayor, Tom
Lynch, Commissioners, Barbara smith, David Randolph, Jay Alperin,
Ken Ellingsworth.
1
. . . .
July 23, 1994 File#94-101
We the undersigned are residents of Franwood pines, Kingsland pines
and Kindsland, oppose the Annexation of the LEE property into the
city of Delray Beach, the South Three Quarters (S 3/4) of the East
Half (e 1/2) of the South West Quarter (SW 1/4) of Northwest
Quarter (NW 1/4) of section 13, Township 46 South, Range 42, East
Palm Beach County, Florida.
.
City Manager, David T. Harden cc: Diane Dominquez, Mayor, Tom
Lynch, Commissioners, Barbara Smith, David Randolph, Jay Alperin,
Ken Ellingsworth.
-
I
. .,
July 23, 1994 File#94-101
We the undersigned are residents of Franwood Pines, Kingsland pines
and Kindsland, oppose the Annexation of the LEE property into the
City of Delray Beach, the South Three Quarters (S 3/4) of the East
Half ( e 1/2) of the South West Quarter ( SW 1/4) of Northwest
Quarter (NW 1/4) of Section 13, Township 46 South, Range 42, East
Palm Beach County, Florida.
it 712 tLLCVoo
..
De
~
Ci ty Manager, David T. Harden cc: Diane Dominquez, Mayor, Tom
Lynch, Commissioners, Barbara Smith, David Randolph, Jay Alperin,
Ken Ellingsworth.
. .
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # J ~ C - MEETING OF AUGUST 16. 1994
ORDINANCE NO. 63-94
DATE: AUGUST 12, 1994
This is first reading of Ordinance 63-94 for City initiated
rezoning of 9.25 acres of land located on the north side of S.W.
lOth Street between S.W. 13th and 15th Avenues.
The purpose of the rezoning is to create consistency between the
zoning and land use designations. The properties currently have
land use map designations of Transitional and Industrial, with a
zoning designation of RM (Medium Density Residential). Rezoning
from RM to LI (Light Industrial) is being processed in conjunc-
tion with a Future Land Use Map amendment from Transitional to
Commerce (industrial) . The FLUM amendment is being considered in
conjunction with Comprehensive Plan Amendment 94-2.
At the Planning and Zoning Board meeting of July 18, 1994, the
Board recommended approval of the land use map amendment and the
rezoning, excluding the easternmost block between 12th and 13th.
This property was excluded from the rezoning so that the area
would serve as a buffer between the residential and the
industrially zoned land.
At its meeting on August 2, 1994, the Commission transmitted
Comprehensive Plan Amendment 94-2 to the State Department of
Community Affairs (DCA) . This Plan Amendment included the Future
Land Use Map amendment from Transitional to Commerce as recom-
mended by the Planning and Zoning Board.
Recommend approval of Ordinance No. 63-94 on first reading.
Second reading and public hearing for Ordinance No. 63-94 cannot
take place until the FLUM amendment has been reviewed by the DCA.
f~ {:5-1 ~
5"-0
'!
.
1
.
.
-- ~ . ___._u.__, ___
-----~--- - _._------->-- --_. --~---
ORDINANCE NO. 63-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED RM (MEDIUM DENSITY RESIDENTIAL)
DISTRICT IN THE LI (LIGHT INDUSTRIAL) DISTRICT; SAID
LAND BEING LOCATED ON THE NORTH SIDE OF S.W. 10TH
STREET, BETWEEN S.W. 13TH AVENUE AND S.W. 15TH I
AVENUE; AND AMENDING "ZONING MAP OF DELRAY BEACH,
FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE,
A SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the property hereinafter described is shown on the :
Zoning District Map of the City of Delray Beach, Florida, dated April,
1994, as being zoned RM (Medium Density Residential) District; and
WHEREAS, at its meeting of July 18, 1994, the Planning and
Zoning Board for the City of Delray Beach, as Local Planning Agency,
reviewed this item and voted unanimously to recommend approval of the
rezoning, based upon positive findings; and
WHEREAS, it is appropriate that the Zoning District Map of
the City of Delray Beach, Florida, dated April, 1994, be amended to
reflect the revised zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Zoning District Map of the City of
Delray Beach, Florida, dated April, 1994, be, and the same is hereby
amended to reflect a zoning classification of LI (Light Industrial)
District for the following described property:
That part of the West 265.32 feet of the North 554.77
feet of a Subdivision of Section 20, Township 46
South, Range 43 East, as recorded in Plat Book 1,
Page 4, of the Public Records of Palm Beach County,
Florida, lying East of Delray Beach Heights Extension
Replat of Sections A and B as recorded in Plat Book
28 at Page 68 and North of S.W. 8th Street, of Lot 19
in OR2224, Page 1651 as recorded in the Public
Records of Palm Beach County, Florida;
TOGETHER WITH Lots 1 through 6, inclusive, Block 3,
and Lots 1 through 16, inclusive, Block 4, and Lot 1
and Lot 14, Block 6, Replat of Delray Beach Heights
Extension Sections A and B as recorded in Plat Book
28, Page 171, of the Public Records of Palm Sea,:: :
County, Florida;
'I
-
f
'-
------.._-- -----
I TOGETHER WITH All of the Plat of King Industrial Park
as recorded in Plat Book 67, Page 137, of the Public
Records of Palm Beach County, Florida. I
The subject property is located on the north side of
S.W. 10th Street, between S.W. 13th Avenue and S.W.
15th Avenue; containing 9.25 acres, more or less.
Section 2. That the Planning Director of said City shall,
upon the effective date of this ordinance, amend the Zoning Map of the
City of Delray Beach, Florida, to conform with the provisions of
Section 1 hereof.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 4 . That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 5. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1994.
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
- 2 - O::-c.. ..' -
1
rt I ~ I I 11=18 If l l r'- [.". I -.- , t---i,..-'
I a.-m c ~ ::; ~ .- I~ ~ r ~ ~[~/n '[','r~TII
l-' ' ,,~, T ~ / 1111 ~I 11
I J 1 I -~
OF _ O~ ".... 1.!..7 >- , I R-1-A ]1l!lI&ll! :
V d~1r\- .-
~~\In. _
_ -~D~
0--- I - i=- _ OF' IJ(I; fill
- f---"-- ~ ~I
\- ~ ~
~ tD ~ - -~
~L-- -
~f (\ -- (j) -
~ ") "\ MIO l LID ITTT
-J ~' /f -.:II
== F~ ~ 0
;::: ~ . '" S OF I
_ ~ ~ h/
"::: ~ ei (f- AM OF
~: I- I~ ~ T
_ z I~ ~
A _ - ~~ ~ 7
- - ;::::::,. ,.
- =
==
- - ~ I
__ 0- ~ I ... '" "'>-IIl\: T
,,_ _ . ! - ,... - I0Io-1 .... I- Ii '01
:=::::: r r ~ -TT
'" :::::: I I
_ _ ~ L- -
- I-- POD ~ ~ - -
1.-
r=~ :~~i --=~,---= lTuTT
-. 1 ITDllIJ - II I
.-Ail ~ U - S.w. lOti.... lIlT
'4 PO .1,.17 J=-91 I!IllI!ll
R1
-1- -.
71n- ---
o. ,_ J:..7
7J ""'D'
1 I i''';- r
) ~' +
111fT:... MIO ;JbJT_ AM 1
1.. /- @
I, ~f-::: 95 Y:.l~POO [_J~~~ ,,'
1->- I ~ Y
L f-o- ~ 11
If-+---- CD r W I ._~
_>-.- I L--'. n: ~~ ~
',Q n J -RJ .. 1
I r7~ Un
....-.- ,.....
N
-
~GllD'ART\lENT REZONING
ClT'f (]I DEU!.A r lEACH, n.
-- 0IaTAL &UT M4P ~ --
.
. )
L-i\..
. "f- \
[ .
C I T Y COM MIS S ION DOC U MEN TAT ION -
TO: DAVID T~HA~Y MANAGER
~ ~~
THRU: D DOMINGU, DIR TOR
DEPARTMENT OF PLANNI A ZONING
0
FROM: A. COSTELLO
PLANNER
SUBJECT: MEETING OF AUGUST 16, 1994
FIRST READING OF ORDINANCE NO. 63-94 - CITY INITIATED
REZONING FROM RM (MEDIUM DENSITY RESIDENTIAL) TO LI
(LIGHT INDUSTRIAL) FOR PROPERTIES GENERALLY LOCATED ON
THE NORTH SIDE OF S.W. 10TH STREET, BETWEEN S.W. 13TH
AVENUE AND S.W. 15TH AVENUE (10TH STREET INDUSTRIAL
AREA) .
ACTION REQUESTED OF THE COMMISSION: .-
The action requested of the City Commission is that of
approval on first reading of an ordinance rezoning 9.25
acres of land from RM to LI. The purpose of the City
initiated rezoning is to apply the zoning classification
which is consistent with the proposed Commerce and existing
Industrial land use map designations. The land use map
amendment from Transitional to Commerce (industrial) is
being considered in conjunction with Comprehensive Plan
Amendment 94-2.
The affected properties are generally located on the north
side of S.W. 10th Street, between S.W. 13th Avenue and S.W.
15th Avenue and contains approximately 9.25 acres.
BACKGROUND:
The properties currently have a Land Use Map designation of
Transitional in part, and Industrial, in part, with a zoning
designation of RM (Medium Density Residential). The rezoning
from RM to LI (Light Industrial) is being processed in
conjunction with a future land use map amendment from
Transitional to Commerce (industrial) in order to create
consistency between the zoning and land use designations.
Included with this rezoning is King Industrial Park, which is
located between S.W. 13th and 14th Avenues. The King property
currently has an Industrial land use designation and is zoned
RM, thus there is inconsistency between the two designations.
The proposed rezoning to LI would create consistency between the
zoning and land use designations.
.
City Commission Documentation
Meeting of August 16, 1994
First Reading of Ordinance 63-94 - Rezoning Property From RM to
LI (S.w. 10th Street Industrial Area)
Page 2
At its meeting of July 18, 1994, the Planning and Zoning Board
held a public hearing in conjunction with review of the land use
map amendment from Transitional to Commerce and rezoning from RM
(Medium Density Residential) to LI (Light Industrial). Public
testimony was taken from two (2 ) residents of S.W. 11th Terrace
who were opposed to the changes. One of the residents presented
a petition containing 50 signatures of area residents who were
opposed to increasing the potential for industrial uses adjacent
to the residential neighborhood. After some discussion, the
Board voted (7-0) to recommend approval of the land use map
amendment and rezoning, excluding the easternmost block (between
S. W. 12th Avenue and s.w. 13th Avenue, known as the
Franz/Delk/Kinnaird property (3.08 acres) . The basis for
excluding this property from the amendment was to allow for a
greater buffer between the residents and the industrially zoned
land.
At its meeting On August 2, 1994, the City Commission
transmitted Comprehensive Plan Amendment 94-2 to the Department
of Community Affairs, which included a future land use map
amendment from Transitional to Commerce as recommended by the
Planning and Zoning Board. The land use plan amendment did not
include King Marble as it contains an Industrial land use map
designation.
While the first reading of this petition can occur immediately,
the second reading and adoption cannot take place until the FLUM
amendment has been reviewed by the State Department of Community
Affairs. A complete analysis of the rezoning is found in the
attached Planning and Zoning Board Staff Report.
RECOMMENDED ACTION:
By motion, approve Ordinance No. 63-94 on First Reading.
Attachment:
* Location/Zoning Map
* P&Z Board Staff Report & Documentation of July 18, 1994
* Copy of Ordinance 63-94
Y:CCRELI.DOC
I
.
PLANNING & ZONING BOARD
. CITY OF DELRA Y BEACH STAFF REPORT
--- ---
-
MEETING DATE: July 18, 1994
AGENDA ITEM: v.c.
ITEM: Rezonins from RM (Medium Density Residential) to LI (Light Industrial)
for the Industrial ^rea ~t S.W. 10th Street between S.W. 12th Avenue
& S'\v. 15th Avenue.
\ 71 LLJ - t-- r- r--
~ - -'Of = =- --
:::: =::::
- :a - --
- a ~~ ~ ~J=
~ .. I - 'II 7~ =1= ~
,. I ! ~ ......~ --- -....
~ c ! =t= t:: =
i It) - -
L..., - I (jl ;1) ,I'\:
~ I I iT ::: - -'-
I-- I I I 1 1 t::J \--c-
I-- ,-. , II I
f--. I I
f-i --. \.JJ II II II III I
f--i ... I- """-
H . 4: \ " '"'''''''''' 11111
f--1 co I 'Vi - r- ::: ~ II 1111111111111 II1II
-a S ~
~. -0 ~ - .. I 1111111111111 111111
r -... u.I aDLllP -
- I- 1 I 1111111111111 1I11
- ~ -iiIaT ~
--~U - ~~L
1 ~ \ r-
~ -fir --t-1 t- -
-
GENERAL DATA:
Property Own.r...........Fred , F.licia Tantlmonico,
H.rbert R. Reeve.,
Henry Colou!,
Marjori. D. St.ph.n.,
C~E Properti.., Inc.,
Tho... R. ~ing, Sr., and,
N. rr.na, J.G. Delk, S.V.
Kinnaird, , LHC Group.
Applic.nt................D.vid T. H.rden, City Man.g.r
City of Delr.y Beach
Loc.tlon.................North sld. of S.W. 10th Str..t, betwe.n
S.W. 12th Avenu. and S.V. 15th Av.nu..
Property 81z.............12.33 Acr..
City lAnd U.e Map
De.lgn.tlon..............Co...rc. (Propo.ed with CPA '4-2) .
Industri.l
Exi.tlng Clty Zonlng.....RM (Medlua Denslty Re.ldential)
Propo.ed City Zonlng.....LI (Light Indu.trlal)
Adjacent Zoning...North: RM . cr (Co.-unity r.ciliti..)
Ea.t: RM
South: I (Industrial)
We.t: I
Exi.ting Land U..........Th. property contain. a 4,800 sq.ft.
Indu.tri.l building, 2 duplex.., .
10,800 .q.ft. indu.trial building (King
Marbl.), 3 City wat.r w.ll. and vac.nt
land.
Wat.r' Sew.r S.rvic.....Av.l1abl. vla .xi.ting ..In. located
within adjac.nt .tr..t..
V.C.
I T E M B E FOR E THE BOA R 0 :
The item before the Board is that of making a
recommendation to the city Commission on a City
initiated rezoning from RM (Medium Density
Residential) to LI (Light Industrial), pursuant to
Section 2.4.5(E).
The affected properties are generally located on the
north side of S.W. 10th Street, between S.W. 12th
Avenue and S.W. 15th Avenue, and contains
approximately 12.33 acres.
Pursuant to Section 2.2.2(E), the Local Planning
Agency (P & Z Board) shall review and make a
recommendation to the City Commission with respect to
rezoning of any property within the City.
PRO J E C T DES C RIP T ION:
The affected properties are located on the north side of S.W.
10th Street, between S.W. 12th Avenue and S.W. 15th Avenue. The
land under consideration is comprised of approximately 12.33
acres under 7 ownerships consisting of the following (east to
west) :
* FDK Plat ("A Light Industrial Development for
Franz/Delk/Kinnaird) which is currently vacant land;
* Plat of King Industrial Park which contains an existing
10,800 sq. ft. light industrial building (King Marble) with
future building expansion of 4,500 sq. ft. and vacant land;
* Lots 1 and 14, Block 6, Replat of Oelray Beach Heights
Extension, Sections A & B, containing two duplexes;
* Block 4, Replat of Delray Beach Heights Extension, Sections
A & B, which is currently vacant and contains two (2) City
wells; and,
* Block 3, Replat of Delray Beach Heights Extension, Section
A & B, and that portion of property lying east of Block 3.
and west of Auburn Avenue/S.W. 14th Avenue. The property
is mostly vacant with a 4,800 sq. ft. industrial building
and one (1) City well.
The above properties excluding Block 3 have been identified in
the Community Redevelopment Agency's Plan as a portion of
sub-area .8 which the CRA recommends revert back to industrial.
The industrial portion of sub-area f8 is bounded by S . W . 10th
Street on the south, S. W. 8th Street on the north, s.w. 12th
Avenue on the east and S.W. 15th Avenue on the west. Block 3
was not included in the CRA Plan however it was part of the area
which was removed from the industrial zoning and land use
classifications, and has been identified in recent land use
actions as a property that should be considered with any future
land use or zoning, actions.
,
.
P & Z Board staff Report
Rezoning from RM to LI - S.W. 10th street Industrial Area
Page 2
"-,
B A C K G R 0 UNO:
(For a complete history, please refer to the Future Land Use Map
Amendment Staff Report)
Z 0 N I N G A N A L Y S IS:
Pursuant to Section 3.1.1 (Required Findings), prior to the
approval of development applications, certain findings must be
made in a form which is part of the official record. This may
be achieved through information on the application, the Staff
Report, or Minutes. Findings shall be made by the body which
has the authority to approve or deny the development
application. These findings relate to the Future Land Use Map,
Compatibility, Concurrency, Comprehensive Plan Consistency, and
Compliance with the Land Development Regulations (LDRs).
With the action on the land use map amendment for these
properties, positive findings were made with respect to
Concurrency and Comprehensive Plan Consistency. Compliance with
respect to the Future Land Use Map, and Compliance with Land
Development Regulations ( Standards for Rezoning Actions,
Rezoning Findings) are discussed below.
Future Land Use Map: Pursuant to Land Development Regulations
Section 3.1.1(1.) (Future Land Use Map), all land uses and
resul ting structures must be allowed in the zoning district
within which the land is situated and, said zoning must be
consistent with the land use designation as shown On the Future
Land Use Map.
The affected properties have a Land Use Map designation of
Transitional, in part, and Industrial, in part (King Industrial
Park), with a zoning designation of RM (Medium Density
Residential). The rezoning from RM to LI (Light Industrial) is
being processed in conjunction with a future land use map
amendment from Transitional to Commerce (industrial) in order to
create consistency between the land use and zoning designations.
Also, the King Industrial Park, which is located between s. W.
13th and 14th Avenues, currently has an Industrial land use
designation and is zoned RM, thus there is an inconsistency
between the two designations. The proposed rezoning to LI would
create consistency between the zoning and land use designations.
Section 3.3.2 (Standards for Rezoninq Actions): The applicable
performance standards of Section 3.3.2 and other policies which
apply are as follows:
A) That a rezoning to other than CF within a stable
residential area be denied. (Housing Element 1.-2.4)
The affected properties are not located within a stable
residp.r~inl area, thus this Standard is not applicable.
P & Z Board Staff Report
Rezoning from RM to LI - S.W. lath Street Industrial Area
Page J
D) That the rezoning shall result in allowing land uses which
are deemed compatible with adjacent and nearby land use.
both existing and proposed; or that if an incompatibility
may occur, that sufficient regulations exist to property
mitigate adverse impacts from the new use.
North of the affected properties is zoned RM (Medium
Density Residential) and CF (Community Facilities);
northeast and east are zoned RM; and west and south are
zoned 1 (Industrial).
The existing land uses to the north are the Catherine
Strong Center and a drainage retention area for the Auburn
Trace multiple family development; northeast is the Carver
Estates multiple family development; east are four (4)
duplexes and vacant land; and, south and west are existing
industrial uses.
Compatibility with the adjacent residences is not a major
concern. The adjacent residences are separated from the
proposed industrial properties by public streets which have
50' wide rights-of-way. With respect to the Carver Estates
development, which has the greatest amount of frontage
adjacent to the proposed industrial properties, a majority
of that frontage consists of a recreation area containing a
baseball field and basketball courts. Further, sufficient
regulations currently exist i.e. restricted uses and
buffering to mitigate adverse impacts of the industrial
uses [ref. LDR Sections 4.6.4(B) and 4.4.26(F),(G), & (H)].
Section 2.4.5(0)(5) (Rezoning Findings):
Pursuant to Section 2.4.5(0)(1) (Findings), in addition to
provisions of Section 3.1.1, the City Commis.ion must make a
finding that the rezoning fulfills one of the reasons for which
the rezoning change is being sought. These reasons include the
following:
a. That the zoning had previously been changed, or was
originally established, in error;
b. That there has been a change in circumstances which
make the current zoning inappropriate,
c. That the requested zoning is of similar intensity as
allowed under the Future Land Use Map and that it is
more appropriate for the property baled upon
circumstances particular to the lite and/or
neighborhood.
The reasons for which the rezoning is being sought is based upon
Items "b" and "c". Prior to the adoption of the Comprehensive
Plan 1989, restrictions were not in place to limit the types of
industrial s~s that could locate within wellfield zones,
therefore the industrial zoning was deemed inappropriate and the
properties were rezoned to RM (Medium Density Residential).
1
1
P & Z Board Staff Report
Rezoning from RM to LI - S.W. 10th Street Industrial Area
Page 4
Since that time, the provisions of the adopted County Wellfield
Protection Ordinance make it possible to allow light industrial
zoning in the area of wellfields and still protect. the
wellfields. Also, a new Light Industrial (LI) zoning district
has been created which provides use and buffering restrictions
to address potential negative impacts. Further, the Community
Redevelopment Agency's Plan which was adopted by the City
Commission in 1992, identified the affected properties as
properties that should be designated as industrial use. Based
upon the above and approval of the Future Land Use Map Amendment
to Commerce, rezoning to LI is appropriate.
REV I E W B Y 0 THE R S :
The rezoning is not in a geographic area requiring review by the
HPB (Historic Preservation Board) or the DOA (Downtown
Development Authority).
Community Redevelopment Agency
At its meeting of July 14, 1994, the Community Redevelopment
Agency reviewed and recommended approval of the rezoning
request.
Public Notice:
Formal public notice has been provided to property owners within
a 500' radius of the subject property. Letters of objection, if
any, will be presented at the Planning and Zoning Board meeting.
ASS E SSM E N TAN 0 CON C L U S ION :
The Rezoning from RM to LI for these properties is consistent
with the policies of the Comprehensive Plan and Chapter 3 of the
Land Development Regulations. Also, positive findings can be
made with respect to Section 2.4.5(D) (5) (Rezoning Findings),
as the LI zoning is more appropriate given the proposed Commerce
and existing Industrial land use designations, and the LI
regulations which limit uses and provide buffering to address
impacts of industrial uses on the adjacent residences.
A L T ERN A T I V E ACT ION S :
A. Continue with direction.
B. Recommend approval of the rezoning request from RM to LI
based upon positive findings with respect to Chapter 3
(Performance Standards) of the Land Development
Regulations, policies of the Comprehensive Plan, and
Section 2.4.S(D)(5).
C. Recommend denial of the rezoning request from RM to LI
based upon a failure to make a positive finding with
respect to Chapter 3.3.2 (Compatibility), and that pursuant
to Section 2.4.5(D) (5) the rezoning fails to fulfill at
least one of the reasons listed.
.
P , Z Board Staff Report
Rezoning from RM to LI - S.W. 10th Street Industrial Area
Page 5
S T A F F R E COM MEN 0 A T ION :
Recommend to the city Commission approval of the rezoning from
RM (Medium Density Residential) to LI (Light Industrial) based
upon positive findings with respect to Chapter 3 of the Land
Development Regulations, policies of the Comprehensive Plan, and
LDR Sections 2.4.S(D)(S)(b) and (c) (Rezoning Findings).
Attachment:
* Location/Zoning Map
YIL:I:REZONE.OOC
I
-
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER f1i11
SUBJECT: AGENDA ITEM * IZ [) - MEETING OF AUGUST 16. 1994
FIRST READING FOR ORDINANCE NO. 64-94/TELECOMMUNICATION
SERVICES
DATE: AUGUST 12, 1994
Ordinance No. 64-94 is one of two "personal communications service"
(PCS) ordinances proposed for consideration on first reading. It
enacts a new Chapter 57, "Telecommunication Services", which
provides the authority to require a permit for telephone,
telemetry, video, intercom, data and telecommunications lines,
cables and conduits within City rights-of-way which provide toll
and private telephone and telecommunications services, and to
assess fees for these permits. It excludes from these fees all
utilities and all other franchise service providers using the
rights-of-way.
As noted in the material provided by the City Attorney, this
ordinance will allow the City to regulate and generate revenue from
the use of the City's rights-of-way.
Recommend approval of Ordinance No. 64-94 on first reading. If
passed, public hearing on September 13, 1994.
~~C/IIS
ref:agmemo3
"
.
.
'< /,/..; r)
'/:--~
[ITY OF DELRAY BEA[H
CITY ATTORNEY'S OFFICE 20rJ '';W :,t AVC:\LE . DELRAY BEACH, fLORIDA 33~44
FACSI\:ILE -Hi: 2:S-..~55 Wr1.ter'. D1.rect L1.ne
DELRA Y BEACH (407) 243-7090
f lOR If)"
b*d
AII.America City
\ , lit..' MEMORANDUM
Date: August 3, 1994
I qq ~
To: David T. Harden, City Manager
From: David N. Tolces, Assistant City Attorn~
Subject: PCS Ordinance
Attached is an article regarding the proposed PCS ordinance.
The FCC auctioned off the licenses last week. Also attached
are two ordinances which will allow the City to regulate and
generate revenue from the use of the City's rights of way.
I would suggest that the two ordinances be presented to the
Commission as soon as practicable due to the fact that the
FCC auction already occurred.
Please call if you have any questions.
DNT: smk
Attachment
cc: Joseph Safford, Finance Director
Amanda Allen, Communications/Systems Trainer
pcs.dnt
@ POnied en Recycled Paper
'I
UrdInances
~.
From Fancy New Phones, Big Local Revenue Possibilities
By: M. J. Richter
'"
If city governments get their acts together now. they can ensure that much from the five percent franchise fee paid by the cable TV
that an innovative communications service soon to appear through- system operator for access to the city-owned right-of-way for its
out the country will do more than offer telephone service to people cables.
on the run. It also can make hefty annual contributions to municipal The St. Petersburg ordinance is also the city's vehicle for
treasuries. regulating PCS operators. Microcells cannot be located on residen-
"Personal communications service" is an umbrella term for a tial propeny. for example. To obtain a permit to install microcells on
variety of advanced wireless telephone services in which a tele- commercial propeny, a PCS applicant must submit detailed design
~ phone number is assigned to an individual carrying a purse- or specifications for each proposed microcell site. along with a signed
pocket-sized ponable phone. rather than to that person's home or permission form from the propeny owners. Violators face stiff fines.
office. In other words. anyone making a PCS call dials a person, not The ordinance is designed to make life easier for would-be PCS
a place. providers by clearly spelling out all municipal requirements. An
PCS systems will be based on hundreds of small transmitter- operator can file for appropriate permits and right-of-way access.
receivers placed throughout metropolitan areas, in such places as then go into business. without having to jump through any more
shopping malls, train stations, hotels. restaurants and office build- bureaucratic hoops.
ings. Myriad PCS networks around the country will be linked to the Webb argues that all city governments should get some kind of
regular national "wireline" telephone network as well. ordinance on the books before the Federal Communications Com-
With such nationwide interconnection. a caller in Miami. for mission begins the auctioning of licenses for the ponion of the radio
example. will be able to dial a PCS subscriber" s number in Denver. spectrum set aside for PeS. Currently. that license auction [was]
not knowing that the subscriber happens to be in Chicago fonhe day. scheduled to begin this June. but ongoing debates within the FCC
" After a few unanswered rings at the Denver home. the call goes back about basic PCS regulations may delay it until next year. When it
I
to the local phone company's Denver switching center. In the does take place, the federal government expects to raise about $10
meantime. the PCS subscriber's ponable phone. which has the same billion.
number as the subscriber's Denver home phone. has been alening "If companies are going to be putting that much money into th;~
the PCS system, via radio signals. of its current location in Chicago. up front. cities better get something on the books right now, rat,
The Denver switching center, after checking its database for the PeS than when they've got an army of lawyers standing there whose jOb
subscriber's current location, then routes the call to Chicago. In it is to get these systems in place," Webb says. "They'lljust roll over
Chicago, the call is routed from the regular wireline phone system local governments at that point."
to the PCS system and then to the PeS subscriber's ponable phone. Webb and his colleagues in St. Petersburg have put together
The PCS elements that promise a new source of revenue for four model ordinances that other cities could use as templates for
municipal governments are the small transmitter-receivers, or their respective jurisdictions. Webb can be reached at 8/3/893-
"microcells," installed throughout cities. More often than not, these 7050.
microcells WiJl be placed along public rights-of-way adjacent to *Reprinted with the permission of the copyright holder from
utility easements and streets. It will be nearly impossible for any the May 1994 issue of Governing, published by Congressional
, PCS network operator to establish a full-blown PCS system in any Quarterly, 2300 N Street, N.W., Suite 760. Washington. D.C.
city without obtaining right-of-way access, for which cities can- 20037. .1
and should-charge a fee.
The first city government to spot this potential source of
additional revenue was Sr. Petersburg, Rorida. The city passed a
PCS ordinance way back in 1989, when PeS systems were still just
a gleam in the collective eye of the telecommunications industry.
The St. Petersburg ordinance requires each PeS applicant to ~
pay the city a one-time permit request fee of$50 per microcelI site, ~
\, .
f plus an annual fee of $1 00 per microcell site. Given the topology of .~
the St. Petersburg area, a PeS system probably will require about
300 such microcells. In addition, the ordinance requires that a PeS ~
system operator pay St. Petersburg five percent of the annual gross ,..;m fi.:
~,
revenues brought in by the PeS system.
E. Eugene Webb, assistant director of information and commu-
nications services for the city of St. Petersburg, estimates that the
five percent fee could put about $1 million per year into the city
coffers from each PeS provider. Currently, the city derives about
J08 Municipal Attorney
~ -
..
.,
1
'[1G'J] ~
1..0 '(< ,j II
L.... I
ORDINANCE NO. 64-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING TITLE V, "PUBLIC
WORKS" , BY ENACTING A NEW CHAPTER 57, "TELECOMMUNI-
CATION SERVICES", TO PROVIDE FOR THE ENACTMENT OF A
NEW ARTICLE TO REQUIRE A PERMIT TO ASSESS FEES FOR
TELEPHONE, TELEMETRY, VIDEO, INTERCOM, DATA AND
TELECOMMUNICATIONS LINES, CABLES AND CONDUITS WITHIN
THE RIGHTS-OF-WAY WHICH PROVIDE TOLL AND PRIVATE
TELEPHONE AND TELECOMMUNICATIONS SERVICES AND
EXCLUDING FROM THESE FEES ALL UTILITIES AND ALL
OTHER FRANCHISE SERVICE PROVIDERS USING THE RIGHT-
OF-WAY AND TO SET FORTH THE TERMS AND CONDITIONS FOR
SUCH PERMITS; PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE AND AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1- That Title V, "Public Works" of the Code of
Ordinances of the City of Delray Beach, Florida, be, and the same is
hereby amended by enacting a new Chapter 57, "Telecommunication
Services", to read as follows:
CHAPTER 57: TELECOMMUNICATION SERVICES; PERMITS FOR USE OF RIGHT-
OF-WAY FOR PRIVATE TELECOMMUNICATION SERVICES.
( A) No person or firm, whether public, private, nonprofit or
not for profit shall construct, operate or continue to operate a
private communication system which occupies the streets, public
ways and public places within the City without having been issued a
telecommunication permit by the Chief Building Official, or a
franchise for telephone, telecommunication service, video distri-
bution system, or cable communication system by the City.
(B) Except as hereinafter provided, it shall be a term and
condition of any telecommunication permit issued in accordance
herewith that as a part of the consideration supporting the
issuance of such telecommunication permit and the City's permission
thereby to occupy and use the streets of the City, that the
permitee shall pay each year to the City compensation and license
fees as follows:
( 1 ) All applicants shall pay a permit request fee of $300.00.
( 2 ) For providers of long distance access or long distance
service, other than the franchised local exchange
1
rr\ ..........
~ /'
II I :"::: r--, -
~! " :. ' - ..,,...
'-',- L;~ jr U
w
carrier, a minimum fee of $500.00 per year per cable or
$500.00 per year per cable per linear mile or any portion
there of per mile whichever is greater or the maximum
allowed by law.
( 3 ) For private communications systems owned by a non-
franchised entity, a minimum of $500.00 per year or
$500.00 per linear mile, whichever is greater, or any
part thereof, per year for systems extending over 1 mile.
In no case shall the annual fee be less than $500.00.
( 4 ) Lines, cables or fiber optics of a Private Communication
System placed in a conduit or duct-bank owned by another
Permittee or franchisee shall require a separate tele-
communication application and permit, subject to the same
requirements as other installations, except the fee for
the additional telecommunications permit shall be one
half the maximum allowed by law or one-half of the
otherwise applicable per linear mile fee for the portion
of the pathway so utilized.
( 5 ) Lines, cables or fiber optics of a private communication.
system which are placed in a conduit or duct-bank own I
by an entity not exempt by law or statute from ti..
provisions of this Article shall require a telecom-
munication permit, unless the franchise, or other
authorization by which the exempt entity has the right to
place the conduit or duct-bank within the City property,
prohibits the application of the permit and fee require-
ments contained in this article to the lessee of space
within the conduit or duct-bank.
( 6 ) Any private communication system that serves customers
and charges a fee for services provided by the private
communications system within the City shall pay (in
addition to applicable fees in Paragraphs ( 1 ) through ( 5 )
quarterly, five percent (5%) of the annual total gross
revenues from such customers to be calculated on the
basis of all revenues derived from transmissions that
bypass the local exchange carrier. Revenues derived from
transmissions that enter a private communications system
through the LATA shall not be part of the total gross
revenues for purposes of calculating compensation and
license fees.
The C i t Y ma Y , at its option, adjust this permit fee each year to
the extent allowed by law or by an amount not exceeding the pro-
portional cumulative increase in the Consumer Price Index publish~-~
by the United States Department of Labor for Urban Wage Earne
2 ORD. NO. 64-94
--,--"'---~.__.
1
ill :'0' (;\ if U
I uJ flJ
(1967 = 1JO%), since the initial establishment of this permit fee,
or since the most recent increase in the permit fee for any and all
subsequent increases after the first increase, and only after a
public hearing and at least twenty (20) days notice to all
permittees, except as hereinafter provided. The City may raise the
license fee more than the cumulative increase in the Consumer Price
Index in the event there is competent evidence that the fee imposed
by the City is below the norm of fees imposed by other cities
within the State of Florida which impose such fees and which have
populations in excess of 50,000 people.
(C) The annual compensation and license fee provided for in
Section (B) shall be payable annually on or before October 1 of
each calendar year for the portion of the private communications
systems within the City right-of-way on January 1 of that year and
a prorated license fee, based upon the calendar quarter in which
the application is filed, shall be paid at the time of the appli-
cation for a telecommunication permit for all new portions of the
system. Quarterly revenue fees are due January 1, April 1, July 1,
September 1.
(D) Fees not paid wi thin ten days after the due date shall
bear interest at the rate of ( 1%) on percent per month from the
date due until paid.
(E) The acceptance of any payment required hereunder by the
City shall not be construed as an acknowledgement that the amount
paid is the correct amount due, nor shall such acceptance of
payment. be construed as a release of any claim which the City may
have for additional sums due and payable.
( 1 ) All fee payments shall be subject to audit by the
City and assessment or refund if the payment is found to be in
error.
(2 ) In the event that such audit results in an assess-
ment by and an additional payment to the City, such additional
payment shall, at the City's option, be subject to interest at
the rate of one percent (1%) per month retroactive to the date
such payment originally should have been paid, which shall be
due and payable immediately.
(F) Nothing in this Article shall be construed to limit the
liability of the Permittee for all applicable federal, state and
local taxes.
(G) Any holder of a telecommunication permit must be a member
of "Call Candy" Utility Notification Center (1-800-282-8881) or any
3 ORD. NO.64-94
'I
mmLJJ~ll
subsequent alert and warning system to protect and locate their
underground.
SECTION 57.02 DEFINITIONS.
(A) For purposes of this article and any permit in accordance
herewith, the following terms, phrases, words and their
deri vations, shall have the meaning given herein unless otherwise
specifically provided in this article, unless the context clearly
indicates otherwise or unless such meaning would be inconsistent
with the manifest intent of the City Commission.
( 1) "Building Official" means the Chief Building Official of the
City of Delray Beach.
(2) "Cable Communications System" means a non-broadcast facility
consisting of a set of transmission paths with associated
signal generation, reception and control equipment, under
common ownership and control, which distributes or is designed
to distribute to owners, users or subscribers, the signals of
one or more television broadcast stations and other subscriber
services with an existing franchise issued by the City of
Delray Beach.
(3) "FCC" means the Federal Communications Commission or its
legally appointed successor.
(4) Local Access Transport Area (LATA) means that geographic area
and communications system in which the City of Delray Beach is
located and in which Southern Bell or any subsequent telephone
company is authorized by the Public Service Commission of
Florida to provide local exchange access telecommunications
services.
(5) "Local Telephone Service" means:
(a) The access to a local telephone system, and the privilege
of telephonic-quality communication with substantially
all persons having telephone or radio telephone stations
constituting a part of such local telephone system: or
(b) Any facility or service provided in connection wi th a
service described in paragraph (a).
The term "local telephone service" does not include any
service which is a toll telephone service; private communi-
cation service; cellular mobile telephone or telecommunication
service; specialized mobile telephone or telecommunicati.-
service; specialized mobile radio, or pagers and pagin
4 ORD. NO. 64-94
1
WUu IJu " li
if"
service, including but not limited to "beepers" and' any other
form of mobile and portable one-way or two-way communication;
or telephone typewriter or computer exchange service.
( 6 ) "Telecommunication Permit" means the privilege granted by the
City by which the City authorizes a person to erect,
construct, reconstruct, operate, dismantle, test, use,
maintain repair, rebuild and replace a private communications
system that occupies the streets, public ways or public places
within the City. Any Telecommunication Permit issued in
accordance herewith shall be a nonexclusive permit.
( 7 ) "Permittee" means the person, organization, firm, non profit,
not for profit, corporation or its legal successor in interest
Tl'lho is issued a Telecommunication Permit or Permits in
accordance with the provisions of this Article for the
erection, construction, reconstruction, operation, dis-
mantling, testing, use, maintenance, repairing, rebuilding or
replacing of a private communications system in the City.
( 8 ) "Private Communications System" means any system of communi-
cations lines, cables, equipment or facilities, which are used
to provide a telephone, video, data, telemetry, intercom or
telecommunications service, that in any manner occupies
easements, the streets, public ways or public places within
the corporate limits of the City, as now or in the future may
exist. Private communications system does not include any
part of a state or municipally franchised Local Exchange
Telephone Company or part of a cable television system or
telephone system franchised by the City or any part of a
federal, state, county or local government owned communi-
cations system.
( 9 ) "Street" means any area established for vehicular or public
access use of the entire width between the property liens of
every way publicly maintained when any part thereof is open
for public purposes. "Street" includes, but is not limited
to, highway, avenue, road, alley, right-of-way, lane,
boulevard, concourse, bridge, tunnel, parks, parkways and
waterways.
( 10 ) "Easements" mean any strip of land created by a subdivider for
public or private utilities, sanitation, or other specified
uses having limitations, the title to which shall remain in
the name of the property owner, subject to the right-of-way
use designated in the reservation of the servitude. No
private facility may be constructed within the easement
without written permit from the City.
5 ORD. NO. 64 - 9 4
1
[g)[l] ffJ ~ U -
( 11) "Toll Telephone Service" means:
(a) A telephonic-quality communication for which there is a
toll charge which varies in amount with the distance and
elapsed transmission time of each individual
communication; or
(b) A service which entitles the subscriber or user, upon the
payment of a periodic charge which is determined as a
flat amount or upon the basis of total elapsed trans-
mission time, to the privilege of an unlimited number of
telephonic communications to or from all or a substantial
portion of the persons having telephone or radio tele-
phone stations in a specified area which is outside the
local telephone system area in which the station provided
with this service is located.
(12) "Total Gross Revenues" means all cash, credits, or property of
any kind or nature reported as revenue items to licensee's
audited income statements arising from or attributable to the
sale or exchange of private communications services by the
Permittee within the City or in any way derived from the
operation of its private communications system, including, b
not limited to, any interconnection between its system in t!l_
City and any system whatsoever. This sum shall be the basis
for computing the fee imposed pursuant to this Section. Such
sum shall not include any bad debts, deposits, promotional or
vendor discounts or credits nor sales, service, occupation or
other excise tax to the extent that such taxes are charged
separately from normal service charges and are remitted by the
licensee directly to the taxing authority.
SECTION 57.03 LENGTH OF PERMIT.
(A) Any Telecommunication Permit issued by the City in
accordance herewith shall be a nonexclusive permit for the use of
the easements, streets, public ways or public places within the
City as specified in the Telecommunication Permit for the erection,
construction, reconstruction, operation, maintenance, dismantling,
testing and use of a Private Communications System.
(B) Any Telecommunication Permit issued by the City shall
continue in full force and effect so long as the Permittee is in
compliance with this Article, all applicable federal, state and
local ordinances and regulations and the space occupied is not
needed for a public purpose.
(C) In the event any Telecommunication Permit shall ~
revoked, the applicable Private Communications System shall, at t
6 ORD. NO. 64-94
1
@mffJ re IT
Uu jJ \ U
option of the City, be removed from the streets, public ways and
public places at the sole expense of the Permittee.
SECTION 57.04 PERMIT LOCATIONS.
( A) Any Telecommunication Permit issued for a Private
Communications System in accordance herewith shall apply only to
the location or locations stated on the Telecommunication Permit or
Permits. Each Permit shall clearly state the location of each end
and leg of the Private Communications System and specifies the
length certified by a registered survey company.
(B) Nothing in this Article shall be construed as a represen-
tation, promise or guarantee by the City that any other permit or
other authorization required under any City ordinance for the
construction or installation of a Private Communications System
shall be issued. The requirements for any and all other permits as
may be required by any City ordinance, including the Right-of-Way
Utilization Permit, shall still apply and all other applicable
permit fees shall still be due.
SECTION 57.05 USE OF STREETS AND POLE ATTACHMENTS.
( A) Before commencing construction of its Private Communica-
tions System in, above, over, under, across, through or in any way
connected with the streets, public ways or public places of the
City, the Permittee shall first obtain the written approval of, and
all other necessary permits from, all appropriate City agencies,
including, but not limited to, the Planning and Zoning Department,
and the Department of Environmental Services. Applications for
such approval shall be made in the form prescribed by the Building
Department.
(B) Upon obtaining such written approval, the Permittee shall
give the Building Department and the appropriate agency written
notice within a reasonable time of proposed construction, but in no
event shall such notice be given less than ten (10) days before
such commencement, except for emergency repairs of existing lines
or cables.
(C) Any person who submits a request for a Permit in
accordance herewith shall include therein proposed agreements for
the sue of existing utility poles and conduits, if applicable, with
the owner(s) of such facilities to be used or affected by the
construction of the proposed Private Communications System, which
agreements shall become effective on the date of execution of the
Permit issued in accordance herewith in the event that such person
is issued a Permit.
7 ORD. NO.64-94
'I
ill [ iT r2 rr
.;J -,
U LrJ L
In the e'Tent that permission to use existing poles or conduits
cannot be obtained, the Permittee shall submit documentation to
support the unavailability of existing poles and a detailed plan
for construction insuring protection for existing facilities.
(D) It shall be unlawful for the Permittee or any other
person to open or otherwise disturb the surface of any street,
sidewalk, driveway, public way or other public place for any
purpose vlhatsoever without obtaining approval to do so after
proceeding in the manner prescribed in subsections (a) and (b)
hereof.
(E) The Permittee shall restore any street or sidewalk it has
disturbed in accordance with the provisions of the City's standard
specifications for Streets and Sidewalks, and shall, at its own
cost and expense, restore and replace any other property disturbed,
damaged or in any way injured by or on account of its activities to
as good as the condition such property was in immediately prior to
the disturbance, damage or injury or pay the fair market value of
such property to its owner or shall make such other repairs or
restorations as outlined in the approved permit.
(F) The Permittee shall, at its own cost and expens
protect, support, temporarily disconnect, relocate in the s alL,_
street or other public place, or remove from such street or other
public place, any of its property when required to do so by the
City because of street or other public excavation, construction,
repair, regrading, or grading; traffic conditions; installation of
sewers, drains, water pipes, City owned power or signal lines,
tracts; vacation or relocation of streets or any other type of
structure or improvement of a public agency, or any type of
improvement necessary for the public health, safety or welfare, or
upon termination or expiration of the Permit.
(G) Nothing in this Article or any Permit issued in
accordance herewith, shall be construed as authorizing the
Permittee to erect and maintain new poles in areas serviced by
existing poles, if the poles are available for Permittee's cable.
The Permittee shall obtain written approval from the Building
Department and Department of Environmental Services before erecting
any new poles or underground conduits where none exist.
( H) The Permittee shall maintain all wires, conduits, cables,
and other real and personal property and facilities in good
condition, order and repair. The Permittee shall provide indemnity
insurance and performance bonds or demonstrate financial responsi-
bility as shall comply with all rules and regulations issued by the
Department of Environmental Services governing the construction a~-'
installation of Private Communications Systems.
8 ORD. NO. 64-94
---_._-~-
1
@WLJj ~ V
( I) The Permittee shall keep accurate, complete and current
maps and records of its system and facilities which occupy the
streets, public ways and public places within the City and shall
furnish as soon as they are available two ( 2 ) complete copies of
such maps and records, including as-built drawings, to the Depart-
ment of Environmental Services.
(J) The Permittee shall comply with all rules and regulations
issued by the City of Delray Beach governing the construction and
installation of Private Communications Systems.
SECTION 57.05 VIOLATION PENALTY.
Any person who shall carryon or conduct any business or occupation
or profession for which a license tax is required by this chapter
without first obtaining a license tax shall be considered to be in
violation of this chapter, and, upon conviction, be punished as
provided in Chapter 130 of this Code.
SECTION 57.06 TRANSFER ASSIGNMENTS.
The Permittee shall not transfer or assign its interest in any
Permit issued in accordance herewith, other than a general assign-
ment of the Permittee's entire assets or a pledge of the assets as
collateral on a loan, without the prior written authorization of
the City Manager. For purposes of this section, a merger or
consolidation of the Permittee with another company shall not be
deemed a transfer or assignment. The assignment of the right to a
nonaffiliated company to place a line, cable or fiber optic within
a permitted conduit or duct bank of a Permittee is subject to the
requirement of an additional Telecommunication Permit and the
applicable fees.
SECTION 57.07 EXISTING PRIVATE COMMUNICATIONS SYSTEM.
( A) Lines or cables of Private Communication Systems which
had been constructed or placed within the City's streets, public
ways or public places prior to the date of enactment of this
Ordinance were permitted to be there only by virtue of a revocable
license. Such lines and cables may remain within the City's
streets, public ways or public places provided the private communi-
cations systems comply with the provisions of this Article as they
relate to the existing lines and cables.
(B) Except as hereinafter provided, the provisions of this
Article shall become effective as to pre-existing private communi-
cations systems on October 1, 1994. The private communications
systems companies which have facilities within the City streets on
the date of enactment of this Ordinance shall have until January
9 ORD. NO. 6 4 - 9 4
1
{ff)[tJfij if F -
31, 1995 to obtain permits for their existing system, to pay the
applicable fee for 1993, October 1, 1993 prorated as of October 1,
1994, and to fully comply with the provisions of this Article.
(C) The applicable fee for lines, cables, and fiber optics
which were existing within the City streets, public ways and public
places on October 1, 1994, shall be prorated over a two year
transitional period. The fee for the first calendar year appli-
cable to the existing lines and cables shall be (50%) fifty percent
of what otherwise would be due in accordance with the terms of this
Article. The fee for the second year shall be 75% of the actual
amount and 100% beginning in year 3.
Section 2. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 4. That this ordinance shall become effecti.
immediately upon its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1994.
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
t91e.ord
10 ORD. NO. 64 - 9 4
1
. .
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER fl)1{
SUBJECT: AGENDA ITEM #/~~ - MEETING OF AUGUST 16. 1994
FIRST READING FOR ORDINANCE NO. 65-94/WIRELESS
COMMUNICATIONS SYSTEMS
DATE: AUGUST 12, 1994
Ordinance No. 65-94 is one of two "personal communications service"
(PCS) ordinances proposed for consideration on first reading. It
enacts a new Chapter 58, "Wireless Communications Systems" , which
provides the authority to require a permit for and to assess fees
for the placement of micro cells, pico cells or other forms of
transmitters and receivers which provide telephone, paging or other
similar wireless communication services on or within City
rights-of-way. It also establishes a permitting process to provide
for these devices in commercial or residential buildings not zoned
for this activity.
As noted in the material provided by the City Attorney, this
ordinance will allow the City to regulate and generate revenue from
the use of the City's rights-of-way.
Recommend approval of Ordinance No. 65-94 on first reading. If
passed, public hearing on September 13, 1994.
{)~ -& q //3 /9Lj
ref:agmem04
'I
. .
1
ORDINANCE NO. 65-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIpA, AMENDING TITLE V, "PUBLIC
WORKS" , BY ENACTING A NEW CHAPTER 58, "WIRELESS
COMMUNICATIONS SYSTEMS", TO PROVIDE FOR THE ENACT-
MENT OF A NEW CHAPTER TO REQUIRE A PERMIT FOR AND TO
ASSESS FEES FOR THE PLACEMENT OF MICRO CELLS, PICO
CELLS OR OTHER FORMS OF TRANSMITTERS AND RECEIVERS
FOR THE PURPOSE OF PROVIDING TELEPHONIC, TELEPHONE,
TELEPOINT, PAGING OR OTHER SIMILAR WIRELESS COMMUNI-
CATION SERVICES ON OR WITHIN THE RIGHTS OF WAY AND
ESTABLISHING A PERMITTING PROCESS TO PROVIDE FOR
THESE DEVICES IN COMMERCIAL OR RESIDENTIAL BUILDINGS
NOT ZONED FOR THIS ACTIVITY; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE AND AN EFFECTIVE
DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1- That Title V, "Public Works" of the Code of
Ordinances of the City of Delray Beach, Florida, be, and the same is
hereby amended by enacting a new Chapter 58, "Wireless Communications
Systems", to read as follows:
CHAPTER 58: WIRELESS COMMUNICATION SYSTEMS: PERMITS FOR THE USE OF
RIGHT-OF-WAY.
SECTION 58.01 LICENSE REQUIREMENT.
(A) No person or firm whether public, private, non profit or
not for profit shall construct, operate or continue to operate a
Wireless Communications System which occupies any part of the
streets, public ways and public places within the City without
having been issued a Wireless Telecommunication Permit by the City.
(B) Except as hereinafter provided, it shall be a term and
condition of any Wireless Telecommunication Permit issued in
accordance herewith that is a part of the consideration supporting
the issuance of such Wireless Communication Permit and the City's
permission thereby to occupy and use the streets and rights of way
of the City, that the Permittees shall pay to the City compensation
and license fees as set out below:
( 1 ) All applicants shall pay a permit request fee of
$50.00 per cell site.
(2 ) The Permittee shall pay to the City a minimum of
five percent (5%) or the maximum percentage allowed by law of
all gross revenues derived from the operation of the Wireless
Telecommunication System, including but not limited to equip-
ment rental, voice service, data service, vehicle location
services, security monitoring, paging and all other services
and related subsidiary companies which use the wireless system
to generate any portion of their revenue.
( 3 ) The wireless provider shall pay to the City an
annual permit fee of $100.00 per cell site.
( 4 ) And, privately owned lines or cables placed by the
Wireless Communications System operator to support the
backhaul portion of the network are subject to Chapter 57
unless the operator is a franchised telephone company or
franchised Cable Television.
( 5 ) The City may adjust these permit fees each year to
the extent allowed by law. The minimum adjustment shall be
set by the cumulative increase in the Consumer Price Index
published by the United States Department of Labor for Urbcw.
Wage Earners (1967 = 100%), since the initial establishment
this permit fee, or since the most recent increase in t.._
permit fee for any and all subsequent increases after the
first increase, and only after a public hearing and at least
twenty (20) days notice to all Permittees, except as herein-
after provided
(C) The annual compensation and permit fee provided for in
Section (B) shall be payable annually on or before October 1 of
each calendar year for the portion of the Wireless Communications
Systems within the City right of way on January 1 of that year and
a prorated license fee, based upon the calendar quarter in which
the application is filed, shall be paid at the time of the applica-
tion for a Wireless Telecommunication Permit for all new portions
of the system. The quarterly revenue fees are due January 1, April
1, July 1, and September 1.
( D) Fees not paid wi thin ten days after the due date shall
bear interest at the rate of one percent ( 1 %) per month from the
date due until paid.
(E) The acceptance of any payment required hereunder by the
City shall not be construed as an acknowledgement that the amount
paid is the correct amount due, nor shall such acceptance of
payment be construed as a release of any claim which the City may
have for additional sums due and payable.
2 ORD. NO.65-94
1
( 1) All fee payments shall be subj ect to audit by the
City and assessment or refund if the payment is found to be in
error.
(2) In the event that such audit results in an assess-
ment by and an additional payment to the City, such additional
payment may be subject to interest at the rate of one percent
(1%) per month retroactive to the date such payment originally
should have been paid, which shall be due and payable
immediately.
(F) Nothing in this Chapter shall be construed to limit the
liabili ty of the Permittee for all applicable Federal, State and
local taxes.
(G) Any holder of a Wireless Telecommunication Permit must be
a member of "Call Candy" Utility Notification Center
(1-800-282-8881) or any subsequent alert and warning system to
protect and locate their underground and pole mount structures.
Section 2. That Section 58.02, City of Delray Beach Code is added
to read as follows:
SECTION 58.02 DEFINITIONS.
(A) For the purposes of this Chapter and any Permit in
accordance herewith, the following terms, phrases, words and their
derivations shall have the meaning given herein unless otherwise
specifically provided in this Chapter or unless the context clearly
indicates otherwise or unless such meaning would be inconsistent
with the manifest intent of the City Commission.
(1) "Engineering Department" means the Engineering
Department of City of Delray Beach.
(2) "Wireless Communications System" means any system
which uses a form of cellular telephony which allows business
and residential subscribers to access and/or make telephone
calls to each other through the Wireless Telecommunications
System or over the Public Switched Telephone Network (PSTN)
network using small cordless telephone devices which communi-
cate with limited range cells (transmitter/receive sites)
connected to a backh~ul network.
(3) "Backhaul Network" means the physical network that
connects micro cells and pi co cells to a central switching
point or the Public Switch Telephone Network (PSTN).
3 ORD. NO. 65-94
.
( 4 ) "Micro Cell" means a transmitter/receiver system
used to communicate to the subscriber's handset. Typically
with a range 600 - 1,'000 meters.
( 5 ) "Pico Cell" means a transmitter/receiver system used
to communicate to the subscriber's hand set. Typically with a
range of 200 - 600 meters.
( 6 ) "FCC" means the Federal Communications Commission or
its legally appointed successor.
( 7 ) "Cell Site" means the location of a transmitter/-
receiver and backhaul network interface which provides
telephonic or telecommunications type service to subscribers.
The locations include single pole mounted receiver/transmitter
units, receiver/transmitter units located on new or existing
antennas structures, receiver/transmitter units located in
buildings and on roof tops.
( 8 ) "Local Access Transport Area" (LATA) means that
geographic area and communication system in which the City of
Delray Beach is located and in which Southern Bell or any
subsequent telephone company is authorized by the Pub] .-.
Service Commission of Florida to provide local exchange acce
telecommunications services.
( 9) "Local Telephone Service" means:
(a) The access to a local franchised telephone
system, and the privilege of telephonic-quality
communication with substantially all persons
having telephone or radio telephone stations
constftuting a part of such local telephone
system; or
(b) Any facility or service provided in connection
with a service described in paragraph ( a) .
The term "Local Telephone Service" does not include any
service which is a toll telephone service; personal
communications service; private communication service;
cellular mobile telephone or telecommunication service;
regularized mobile telephone or telecommunication
service; regularized mobile radio, or pagers and paging
service, including but not limited to "beepers" and any
other form of mobile and portable one-way or two-way
communication; or telephone typewriter or computer
exchange service.
4 ORD. NO. 65-94
1
(10) "Wireless Communications Permit" means the privilege
granted by the City by which it authorizes a person, firm or
corporation to erect, construct, reconstruct, operate,
dismantle, test, use, maintain, repair, rebuild or replace a
wireless communications system that occupies any portion of
the streets, public ways or public places within the City.
Any permi t issued in accordance herewith shall be a non-
exclusive permit.
( 11) "Permittee" means the person, organization, firm,
profit or not for profit corporation, or its legal successor
in interest who is issued a Wireless Communication Permit or
Permits in accordance with the provisions of this Chapter for
the erection, construction, reconstruction, operation,
dismantling, testing, use, maintenance, repairing, rebuilding
or replacing of a Wireless Communications System in the City.
( 12 ) "Private Communications System" means any system of
communications lines, cables, equipment or facilities which
are used to provide a telephone, video, data, telemetry,
intercom or telecommunications service that in any manner
occupies easements, . street,s public ways or public places
within the corporate limits of the City, as now or in the
future may exist. Private Communications System does not
include any part of a state or municipality franchised Local
Exchange Telephone Company or part of a cable television
system or telephone system franchised by the City or any part
of a federal, state, county or local government owned tele-
communications system.
( 13) "Street" means any area established for vehicular or
public access use of the entire width between the property
lines of every way publicly maintained when any part thereof
is open for public purposes. "Street" includes, but is not
limited to, highway, avenue, road, alley, right of way, lane,
boulevard, concourse, bridge, tunnel, parks, parkways and
waterways.
(14) "Easements" means any strip of land created by a
subdivider for public or private utilities, sanitation, or
other specified uses having limitations, the title to which
shall remain in the name of the property owner, subject to the
right of way use designated in the reservation of the
servitude. No private facility may be constructed within the
easement without written permit from the City.
5 ORD. NO. 65-94
'.
--""
(15) "Toll Telephone Service" means:
(a) A telephonic-quality communication for which
there is a toll charge which varies in amount
with the distance and elapsed transmission time
of each individual communication; or
(b) A service which entitles the subscriber or
user, upon the payment of a periodic charge
which is determined as a flat amount or upon
the basis of total elapsed transmission time,
to the privilege of an unlimited number of
telephonic communications to or from all or a
substantial portion of the persons having
telephone or radio telephone stations in a
specified area which is outside the Local
Telephone System Area (LATA) in which the
station provided with this service is located.
(16) "Total Gross Revenues" means all cash, credits, or
property of any kind or nature reported as revenue items to
Permittee's audited income statements arising from or attri-
butable to the sale, lease, rental or exchange of Wirele'
Communications Services or equipment by the Permittee with.
the City or in any way derived from the operation of its
Wireless Communications System, including, but not limited to,
any interconnection between its system in the City and any
system whatsoever. This sum shall be the basis for computing
the fee imposed pursuant to Section 25-104-(b) (2). Such sum
shall not include any bad debts, deposits, promotional or
vendor discounts or credits nor sales, service, occupation or
other excise tax to the extent that such taxes are charged
separately from normal service charges and are remitted by the
Permittee directly to the taxing authority.
Section 3. That Section 58.03, City of Delray Beach Code is added
to read as follows:
SECTION 58.03 LENGTH OF PERMIT.
( A) Any Wireless Communication Permit issued by the City in
accordance herewith shall be a non-exclusive permit for the use of
the easements, streets, public ways or public places within the
City as specified in the Wireless Communication Permit for the
erection, construction, reconstruction, operation, maintenance,
dismantling, testing and use of a Wireless Communications System.
(B) Any Wireless Communication Permit issued by the C i t-U'
shall continue in full force and effect so long as the Permittee
6 ORD. NO.65-94
1
in compliance with this Chapter, all applicable Federal, State and
local ordinances and regulations and the space occupied is not
needed for a public purpose.
(C) In the event any Wireless Communication Permit shall be
revoked, the applicable Wireless Communications System shall, at
the option of the City, be removed from the streets, public ways
and public places at the sole expense of the Permittee.
Section 4. That Section 58.04, City of Delray Beach Code is added
to read as follows:
SECTION 58.04 PERMIT LOCATIONS.
( A) Any Wireless Communication Permit issued for a Wireless
Communications Systems in accordance herewith shall apply only to
the location or locations stated on the Wireless Communication
Permit. Each Permit shall clearly state the location of each cell
site system and specify the height and cell configuration.
(B) Nothing in this Chapter shall be construed as a
representation, promise or guarantee by the City that any other
permit or other authorization required under any City ordinance for
the construction or installation of a Wireless Communications
System shall be issued. The requirements for any and all other
permits as may be required by any City ordinance, including the
Right-of-Way Utilization Permit, shall still apply and all other
applicable permit fees shall still be due.
Section 5. That Section S8.05, City of Delray Beach Code, is added
to read as follows:
SECTION 58.05 USE OF STREETS AND POLE ATTACHMENTS.
( A) Before commencing construction of its Wireless
Communications System in, above, over, under, across, through or in
any way connected with the streets, public ways or public places of
the City, the Permittee shall first obtain the written approval of,
and all other necessary permits from, all appropriate City
agencies, including, but not limited to, the Zoning Department, and
Department of Public Works. Applications for such approval shall
be made in the form prescribed by the Engineering Department.
(B) Upon obtaining such written approval, the Permittee shall
give the Engineering Department and the appropriate agency written
notice within a reasonable time of proposed construction, but in no
event shall such notice be given less than ten ( 10) days before
7 ORD. NO. 65-94
'I
-
such commencement, except for emergency repairs of existing lines
or cables.
(C) Any person who submits a request for a Permit in
accordance herewith shall include therein proposed agreements for
the use of existing utility poles and conduits, if applicable, with
the owner(s) of such facilities to be used or affected by the
construction of the proposed Wireless Communications System, which
agreements shall become effective on the date of execution of the
Permit issued in accordance herewith in the event that such person
is issued a Permit.
In the event that a permission to use existing poles or
conduits cannot be obtained, the Permittee shall submit documenta-
tion to support the unavailability of existing poles and a detailed
plan for construction insuring protection for existing facilities.
Such plans shall include detailed drawings of the location and
manufacturers specifications for the cell site equipment.
(D) It shall be unlawful for the Permittee or any other
person to open or otherwise disturb the surface of any street,
sidewalk, driveway, public way or other public place for anv.
purpose whatsoever without obtaining approval to do so aft!
proceeding in the manner prescribed in subsections (A) and (B) .
Violation of this section shall subject the Permittee to all
penalties and remedies prescribed herein and to all other remedies,
legal or equitable, which are available to the City.
(E) The Permittee shall restore any street or sidewalk it has
disturbed in accordance with the provisions of the City's standard
specifications for Streets and Sidewalks, and shall, at its own
cost and expense, restore and replace any other property disturbed,
damaged or in any way injured by or on account of its activities to
as good as the condition such property was in immediately prior to
the disturbance, damage or injury or pay the fair market value of
such property to its owner or shall make such other repairs or
restorations as outlined in the approved permit.
(F) The Permittee shall, at its own cost and expense,
protect, support, temporarily disconnect, relocate in the same
street or other public place, or remove from such street or other
public place, any of its property when required to do so by the
City because of street or other public excavation, construction,
repair, regrading, or grading; traffic conditions; installations of
sewers, drains, water pipes, City owned power or signal lines,
tracts; vacation or relocation of streets or any other type of
structure or improvement of a public agency, or any type of
improvement necessary for the public health, safety or welfare, C'
upon termination or expiration of the Permit.
S ORD. NO. 65-94
.
(G) Nothing in this Chapter or any Permit issued in
accordance herewith, shall be construed as authorizing the
Permittee to erect and maintain new poles in areas serviced by
existing poles, if the poles are available for Permittee's use.
The Permittee shall obtain written approval from the Engineering
Department and other appropriate City agencies before erecting any
new poles or cell site support structures.
(H) The Permittee shall maintain all wires, conduits, cables,
and other real and personal property and facilities in good
condition, order and repair. The Permittee shall provide indemnity
insurance and performance bonds or demonstrate financial responsi-
bility as shall comply with all rules and regulations issued by the
Engineering Department governing the construction and installation
of Wireless Communications Systems.
( I ) The Permittee shall keep accurate, complete and current
maps and records of its system and facilities which occupy the
streets, public ways and public places within the City and shall
furnish as soon as they are available two ( 2 ) complete copies of
such maps and records, including as-built drawings, to the
Engineering Department.
(J) The Permittee shall comply with all rules and regulations
issued by the Engineering Department governing the construction and
installation of Wireless Communications Systems.
Section 6. That Section 58.06, City of Delray Beach Code is added
to read as follows:
SECTION 58.06 VIOLATION PENALTY.
Any person who shall carry on or conduct any business or
occupation or profession for which a permit is required by this
Chapter without first obtaining a permit shall be considered to be
in violation of this chapter and, upon conviction, subject to a
fine not to exceed $500.00. Each day any violation shall continue
to exists shall constitute a separate offense.
Section 7. That Section 58.07, City of Delray Beach Code is added
to read as follows:
SECTION 58.07 RESTRICTIONS ON ASSIGNMENT, TRANSFER, SALE, AND
SUBLEASING.
(A) The rights and privileges hereby granted are considered
personal, and if Permittee sells, assigns, transfers, leases or
9 ORD. NO. 65-94
I
,-
pledges such rights or privileges, or both, in whole or in part,
either directly or by operation of the law, then the City shall
have the right to terminate any and all permits issued hereunder
for no other cause. The City shall terminate such permits in
writing, certified mail, return receipt requested, to Permittee,
and such termination shall be effective sixty (60) days from said
date of mailing. The rights and privileges hereby granted shall
not be mortgaged or encumbered without the prior consent and
approval of the City given by written resolution.
(B) In addition to the provisions for termination provided
for in sub-section (A) , City shall have the right to terminate any
and all permits issued hereunder upon any actual or pending change
in, or transfer of, or acquisition by any other party or control of
Permittee. The word "control" as used in this context is not
limited to major stockholders but includes actual working control
in whatever manner exercised. Permittee shall annually submit to
the City a list of all shareholders and a list of all officers and
directors. By acceptance of the permit the Permittee specifically
agrees that any violation of this section shall, at the City's
option, cause any and all permits granted the Permittee under this
ordinance to be revoked.
Section 8. That Section 58.08, City of Delray Beach Code is addE:.
to read as follows:
( A) Micro Cell and Pico Cell Sites are allowed on Commercial
property. Each cell site will require a permit as indicated in
Section 58.01. This permit for a cell site on commercial property
must include a detailed design drawing of the proposed cell site, a
statement of permission by the owner and must be signed by the
property owner and notarized. All fees and requirements of this
ordinance shall apply.
(B) Residential Property - No Micro Cell, Pico Cell, repeater
or translator sites are allowed on residential property. Placement
of cells on residential property is a violation of this ordinance
and subject to a fine of not less than $5,000.00 and $500.00 per
day for each day the cell is active.
Section 9. That Section 58.09, City of Delray Beach Code is added
to read as follows:
SECTION 58.09 REPORTS.
( A) Firms or individuals requesting permits for new cell
sites or cell site systems may be required by the City to submit
evidence of financial capability to construct and operate such ce)~
sites or systems as may be included in the permit request. SU
10 ORD. NO. 65-94
evidence may include, but not be limited, to previous years audited
financial statements for the requesting firm, individual financial
statements for principals or investors or other such financial
information as the City Manager may desire.
(B) The Permittee shall provide the City with a written
statement from an independent certified public accountant within
120 days after the close of the calendar year that such certified
public accountant has reviewed the books and records of the
Permittee as they relate to any permits issued under this ordinance
and based upon such review, the certified public accountant
believes the payment received by the City properly reflects the fee
due to the City with respect to this ordinance. The City shall
have the right to reasonable inspection of the Permittee's books
and records during normal business hours.
(C) Local office - The Permittee must maintain a local
business office open to the public during normal business hours for
the purpose of handling customer service. All books and records
must be maintained in this local office.
Section 10. That Section 58.10, City of Delray Beach Code is added
to read as follows:
SECTION 58.10 CELL SITE REMOVAL.
Upon cancellation, revocation or denial of the permit required
by this ordinance, the requestor or Permittee shall remove such
designated cell site and any support structure as requested by the
City. Such removal to be completed within thirty (30) days. At
the end of thirty (30) days the City may at its option have the
cell site removed, with such costs being the responsibility of the
Permittee.
Section 11. 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 12. That all ordinances or parts of ordinances in conflict
herewith be, and the same are hereby repealed.
Section 13. That this ordinance shall become effective immediately
upon its passage on second and final reading.
11 ORD. NO. 65-94
!
-
PASSED AND ADOPTED in regular session on second and final reading
on this the day of , 1994.
.
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
micro.ord
.
12 ORD. NO. 65-94