09-20-94 Special/Workshop
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CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION ......
All-America City
SPECIAL/WORKSHOP MEETING - SEPTEMBER 20, 1994 - 6:00 P.M. '~III'
COMMISSION CHAMBERS
The City will furnish appropriate auxiliary aids and services
where necessary to afford an individual with a disability an equal
opportunity to participate in and enjoy the benefits of a service,
program, or activity conducted by the City. Please contact Doug
Randolph 243-7127 (voice) , or 243-7199 ( TDD) , at least 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.
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 person will need a record of
these proceedings, and for this purpose such person 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 based. The City neither provides nor prepares such record.
SPECIAL MEETING AGENDA
1. Funding and Use Agreements with Palm Beach County and the
Sports Commission for the Delray Beach Tennis
Center.
2 . Proposed Policy and Rate Changes/Municipal Golf Course.
3. Request from Joint Venture/Old School Square for Visions of
Perfect Harmony Festival, October 15, 1994.
Alison MacGregor Harty
City Clerk
WORKSHOP AGENDA
1. Interior Design - Golf Course Clubhouse.
2. Request for Quit Claim Deed conveying the encroachment area
at 244 Venetian Drive (Marina Del Rey/Bayside Hotel) .
3. Presentation by MBR Services, Inc. , an FPL Group Company, to
provide water meter reading services.
4. Presentation by Bethesda Ambulance for Emergency Medical
Services Transportation.
5. Garbage rate structure and increased volume fees.
6. Proposed water and sewer rates.
7. Stormwater drainage plans on S.W. 10th Street Phase II
(Congress to Wallace)
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[IT' DF DELIA' BEA[H
CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444
FACSIMILE 407/278-4755 Wr.1.t....r· IS D.1.r...c::t. L.1.n...
DELRA Y BEACH (407) 243-7091
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AII·America City
1 ~ III! MEMORANDUM
Date: September 15, 1994
1993
To: City Commission
From: Susan A. Ruby, City Attorney
Subject: Funding and Use Agreements with Palm Beach County
and the Sports Commission for the Delray Beach
Tennis Center
Attached please find a "Funding Agreement", which covers
funding issues for the receipt of 1.4 million dollars in
limited tourist development tax revenues from the County,
for financing the additional 5,000 permanent seats at the
Tennis Center, spectator restrooms and all other related
construction required to support a fully operational
facility. The Agreement provides the County will make
interest and principal payments for a 3-year period. The
Funding Agreement provides that the City shall own all
improvements. In consideration for the funding for such
improvements, the City is required to execute a "Use
Agreement. " The Use Agreement is between the City, the
County, and the Sports Commission and is also attached
hereto for your approval.
The Tennis Center Stadium Use Agreement provides that the
Commission/County shall be entitled to schedule three
franchised tennis eventq, or other designated events per
calendar year with a duration not to exceed accumulative
total of 14 days per year. The Agreement provides also that
the Commission/County may schedule other events subject to
availability and with appropriate notice to the City. The
Use Agreement is for a 10-year period.
The Use Agreement further provides that the Commission/
County, if they desire to operate concessions, shall retain
75% of the revenues and the City will receive 25%. If the
City provides and operates the concessions, then the County
will receive 25% and the City will receive 75% of the net
revenues. The Commission/County shall receive all ticket
® Printed on Recycled Paper :SP. /.
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City Commission
September 15, 1994
Page 2
revenues from their events. This aspect of the Agreement is
subject to renegotiation in each year at the scheduled
January meeting to calendar the Commission/County events.
The Commission/County shall also retain parking revenues for
their events. The City is required, to the extent possible,
to make available City-owned or controlled parking lots for
their events.
The Agreement provides that the Commission/County shall pay
no fee for the use of the stadium or other facilities at the
Tennis Center. The City is to provide normal support staff
services at cost. The City shall review the needs of the
County for support staff and provide cost estimates. The
City may request that the Commission/County or event owner
provide additional services, if the City deems it is
necessary. The City also reserves the right to refuse to
permit the holding of any event at the Tennis Facility in
which services to be provided by the Commission/County or
event owner are insufficient to properly hold the event.
The City may refuse to permit an event that negatively
impacts the health, safety and welfare of the citizens, or
that would have a detrimental effect on the tennis facility
itself.
The Commission/County shall pay actual costs for the instal-
lation dismantling of signs and shall provide special event
signs and parking signs. The Commission/County shall pay
the City for traffic control signals, traffic signs, cones
and barricades, etc. The City shall be responsible for
providing normal lighting; however, extra lighting that may
be necessary for television purposes shall be the responsi-
bility of the Commission/County or event owner.
Security shall be provided by the Commission/County or event
owner utilizing the City of Delray Beach police personnel.
The Commission/County or event owner shall identify the City
of Delray Beach as a site of the event in all advertising
publications, radio and electronic broadcasts. The
Agreement provides that all evening events shall end at a
reasonable time as designated by the City.
After approval of these Agreements by the City, the
agreements will be placed on the County agenda for approval,
along with an amended resolution indicating the principal
payment of 1.4 million dollars from the limited tourist
development tax funds.
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City Commission
September 15, 1994
Page 3
Please do not hesitate to contact me if you have any
questions regarding these agreements.
By copy of this memorandum to City Manager David Harden, our
office requests that the -Funding Agreement and Use Agreement
be placed on the City Commission's September 20, 1994
special meeting agenda. At the time of submission of this
agenda item, the agreements have been approved by the County
Attorney's Office. However, there may be other changes
after the agreements have been finally reviewed by the
County's bond counsel, the City's bond counsel, and the
Director of the Sports Commission.
"\
cc: David T. Harden, City Manager
Alison MacGregor Harty, City Clerk
Joseph Safford, Finance Director
Joseph Weldon, Director of Parks and Recreation
tennis.sar
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AGREEMENT
THIS AGREEMENT, made and entered into this day of
, 1994, by and between PALM BEACH COUNTY, a political
subdivision of the state of Florida ("County") and the CITY OF
DELRAY BEACH, FLORIDA, a Florida municipal corporation ("City").
WIT N E SSE T H:
WHEREAS, §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 which such agencies share in common and
which each might exercise separately; and
WHEREAS, the Board of County Commissioners has levied an
additional one percent (1%) Tourist Development Tax, as authorized
by Section 125.0104(3) (I), Florida statutes (the "Limited Tourist
Development Tax"), to be used to pay the debt serv ice on bonds
issued to finance the construction, reconstruction, or renovation
of professional sports franchise facilities located in Palm Beach
County which will further, advance, and promote Palm Beach County
tourism; and
WHEREAS, the Board of County Commissioners of Palm Beach
County, Florida adopted Resolution No. 93-1340, as amended by
Resolution 94-480, which established a Tourist Development Plan
(Plan) for the use of the revenues derived from the levy of the
additional one percent (1%) Limited Tourist Development Tax; and
WHEREAS, said Plan described the intended uses and estimated
cost of the facilities to benefit from the additional Limited
Tourist Development Tax and provided that the revenues derived from
such Tax may be reallocated, when permissible, to facilitate their
use and the effectiveness of the Plan; and
WHEREAS, said Plan includes debt service on bonds issues for
the renovation of and construction of improvements to the Delray
Beach Tennis Center as an intended use to be made of the revenues
derived from the levy of the additional one percent (1%) Limited
Tourist Development; and
WHEREAS, the construction of improvements to a tennis stadium
with certain other uses within the City of Delray Beach known as
the Delray Beach Tennis Center will provide a venue for the hosting
of sporting events which will bring additional tourists to Palm
Beach County; and
WHEREAS, the Delray Beach Tennis Center is a "professional
sports franchise facility," as referenced in section
125.0104(3) (I), Florida statutes, in that the Delray Beach Tennis
Center is the home of the Virginia Slims of Florida Women's
Professional Tennis Tournament, conducted under the auspices of the
Women's Tennis Council; and
WHEREAS, the renovation of and construction of improvements to
the Delray Beach Tennis Center described herein by the City
complies with and will further the purposes of the County's plan of
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tourist development devised in accordance with section 125.0104 (4) ,
Florida statutes, has and will promote the inf~ux of tourists to
the city and the County, and thereby benefit the 'local economy, and
has and will be of substantial benefit to the entire city and
County.
NOW THEREFORE, in consideration of the mutual covenants and
agreements set forth herein, the parties hereto agree as follows:
section 1: purpose
1.01 The purpose of this Agreement is to provide for
the funding, including financing costs, and the Improvements as
described in section 3, on the property attached hereto as Exhibit
"A", and by this reference incorporated herein, in order to provide
a tennis stadium suitable for the hosting of a professional sports
franchise and for the holding of sporting and other events which
will attract tourists to Palm Beach County.
section 2: Land
2.01 The Improvements are to be designed and
constructed on a portion of land at the Delray Beach Tennis Center.
The City of Delray Beach represents that it owns the property on
which the Improvements are to be constructed, and the subject
property is identified in the sketch attached hereto as Exhibit
"A", and by this reference incorporated herein, to this Agreement.
Section 3: Design and Construction
3.01 The scope of the Improvements to be designed
and constructed are: 1) a minimum of an additional 5,000 permanent
spectator seats beyond the existing 3,000 permanent seats; 2)
spectator restrooms; and 3) all related construction required to
support a fully operational facility.
3.02 The City has employed a professional architect
to perform all work relating to the design and preparation of plans
and specification for the construction of the Improvements. A copy
of the design plans, specifications and construction documents will
be supplied to the County for its review and approval for
consistency with the intent of this Agreement.
3.03 The City will design, obtain all necessary
permits and development approvals, and construct the Improvements
in accordance with applicable Florida codes.
3.04 The Improvements shall meet all applicable
federal, state and municipal statutes, ordinances and regulations,
including, but not limited to, the Americans with Disabilities Act
of 1990.
section 4: Funding
4.01 The County shall allocate, as herein provided,
solely from the Limited Tourist Development Tax revenues for
payment to the City with respect to its tourist development tax
bonds, funds in an amount equal to the debt service, including
financing costs, due from time to time on not to exceed $1,400,000
principal amount of such bonds issued by the City to finance the
cost of the Improvements. Such Limited Tourist Development Tax
revenues are hereby pledged without priority over, and shall be
payable pari pasu with, any obligations of the County pursuant to
the elements of the Plan. The County hereby agrees to make, solely
from the aforesaid sources, interest and principal payments on such
tourist development tax bonds for the three (3) year period set
forth in the debt service amortization schedule attached hereto as
Exhibit liB." Any construction cost incurred in connection with the
Project in excess of the proceeds of such tourist development tax
bonds, as aforesaid, shall be the sole responsibility of the city.
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4.02 The pledge of the County, as set forth herein,
shall not constitute a general obligation of th~ County or create
a lien, either legal or equitable, on any of the County's ad
valorem revenues or funds. The County shall never be required to
levy ad valorem taxes on any property within its boundaries to pay
its share of the debt service payments or any other payments herein
provided, but such payments shall be secured by and payable solely
from the sources set forth in section 4.01.
4.03 The city agrees that all payments provided by
the County pursuant to this Agreement shall be deposited in trust
in a bond fund or other similar fund and shall be used solely for
the purposes set forth in this Agreement.
4.04 The city shall provide the County with a
complete accounting and documentation of all expenditures
associated with the Improvements within sixty (60) days after
completion of the Improvements. If the principal amount of bonds
issued by the City for the Project or the total principal amount
drawn by the City on a line of credit for the project is less than
$1,400,000, or a refunding or early redemption of the bonds occurs
other than for any mandatory sinking fund as set forth on Exhibit
B, then the City shall provide to the County a revised amortization
schedule reflecting such revision downward.
4.05 The County's first scheduled principal payment
shall not be made until after the completion date of the Project.
Interest only shall be paid during such construction period. The
County's responsibility for payments to the City shall be suspended
upon any declaration of default on the bonds, other than defaults
due to the County's failure to meet its payment obligations under
this Agreement, and shall not be resumed until any such defaults
are cured. Failure to cure any such defaults within the time
period allowed under the bonds shall result in termination of the
County's obligations under this Agreement.
4.06 The County agrees not to knowingly take any
action with respect to this Agreement that would have an adverse
affect on owners of the bonds issued by the City to finance the
Improvements herein.
section 5: Schedule
Completion of construction shall be no later than
December 31, 1995, subject to force majeure events or unless both
parties agree to modification of such date. A tentative project
schedule is attached hereto as Exhibit "C" which may be modified
from time to time.
section 6: ownership of Improvements
Upon construction of the Improvements, all Improvements,
without limitation, shall be the property of the city which shall
be solely responsible thereafter for all of the costs, expenses,
maintenance, repair fees and charges related to the operation of
the Improvements. In consideration for such Improvements, the city
shall, within sixty (60) days of the execution of this Agreement,
enter into a ten (10) year use permit with the Sports Commission of
Palm Beach County and Palm Beach County for said Improvements in
order to promote tourism in Palm Beach County substantially in the
form of Exhibit D (Use Agreement) .
section 7: Governing Law and Enforcement Costs
This Agreement shall be governed by the laws of the state
of Florida. In the event that any action, suit or proceeding is
commenced with respect to the interpretation or enforcement of this
Agreement, the prevailing party in such action, suit, or proceeding
shall be entitled to recover all costs, expense and fees including,
without limitation, reasonable attorney fees, incurred by such
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party in connection therewith. Venue for any litigation arising
out of this Agreement shall be in Palm Beach co~nty.
section 8: Notices
All notices shall be addressed to the following:
As to the County:
Robert Weisman, County Administrator
301 North Olive Ave. Suite 1101
West Palm Beach, Florida 33401
with copies to:
J. Charles Lehmann, Executive Director
Palm Beach County Tourist Development Council
1555 Palm Beach Lakes Blvd, suite 204
West Palm Beach, Florida 33401
County Attorney
301 North Olive Ave., Suite 601
West Palm Beach, Florida 33401
As to the City:
City of Delray Beach
Office of the city Manager
100 NW First Avenue
Delray Beach, Florida 33444
with a copy to:
City of Delray Beach
Office of the City Attorney
200 NW First Avenue
Delray Beach, Florida 33444
section 9: Amendments
This Agreement may not be amended except by the mutual
consent of both parties, evidenced by a written agreement duly
executed by both parties.
section 10: Non-Assignability
This Agreement may not be assigned.
section 11: Not To Be Construed Against Drafter
This Agreement shall not be construed against the party
who drafted this Agreement because both parties to this Agreement
have retained experts of their choosing to review the business and
legal adequacy of this Agreement.
section 12: Effective Date
This Agreement shall be effective when approved by the
Palm Beach County Board of County Commissioners and the City
commission of the City of Delray Beach, Florida, at duly held
meetings of the respective local governments.
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IN WITNESS WHEREOF, this Agreement has been executed by the
parties herein on the day and year first above written.
ATTEST: PALM BEACH COUNTY, FLORIDA
BY ITS BOARD OF COUNTY COMMISSIONERS
BY: DEPUTY CLERK BY: MARY MCCARTY, CHAIR
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
ASST. COUNTY ATTORNEY
APPROVED AS TO FORM AND CITY OF DELRAY BEACH, FLORIDA
LEGAL SUFFICIENCY
BY: CITY ATTORNEY BY: TOM LYNCH, MAYOR
BY: CITY CLERK
f:\contract.94\sports\tennis.fnd
5
...-.-.. ._- --- -- ---
._-,.
'srr-==-' EXHIBIT "A"
. , 'LOCATION SKETCH AND LEGAL DESCRIPTION
"
DESCRIPTION
LOT 16, BLOCK 43, AND A PORTION OF BLOCKS 44 AND 52, AND A PORTION OF THE ROAD
RIGHT-OF-WAYS AND ALLEY RIGHT-OF-WAYS ADJACENT THERETO,. HAP OF THB TOWN OF
LINTON, FLORIDA, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1 AT PAGE
3 OJ!' THB: PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA AND BEING MORE PARTICULARLY
DBIORISBD AI rOLLOWl1
BEGIN AT THE SOUTHWEST CORNER OF LOT 8, BLOCK 43, MAP OF THE TOWN OF LINTON,
FLORIDA, ACCORDING TO THE PLAT TUEREOF RECORDED IN PLAT BOOK 1 AT PAGE 3 OF THE'
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA AND RUN ON AN ASSUMED BEARING OF
S89'37'45"E ALONG THE NORTH RIGHT-OF-WAY LINE OF N.W. 1ST STREET, SAID LINE BEING
COINCIDENT WITH TijB SOUTH LINE OF BLOCK 43 OF SAID PLAT, MAP OF THE TOWN OF
LINTON, FLORIDA, FORA DISTANCE OF 135.62 FEET; THENCE NOO"29'59"W ALONG THE EAST
LINE OF SAID LOT 8, BLOCK 43 FOR 76.50 FEET; THENCE S89"37'45"E ALONG TUE
EASTERLY EXTENSION OF THE NORTH LINE OF SAID LOT 8, BLOCK 43 AND THE NORTH LINE
OF SAID LOT 16, BLOCK 43 FOR 151.65 FEET; THENCE SOO"29'59"E ALONG THE EAST LINE
OF SAID LOT 16, BLOCK 43 FOR 76.50 FEET; THENCE S89"37'45"E ALONG THE EASTERLY
EXTENSION OF THE NORTH RIGHT-OF-WAY LINE OF N.W. 1ST STREET AND THAT PORTION OF
THE NORTH RIGHT-OF-WAY LINE OF N.W. 1ST STREET ABANDONED BY THE CITY OF DELRAY
BEACH ACCORDING TO RESOLUTION NO. 1225 RECORDED IN OFFICIAL RECORDS BOOK 475 AT
PAGE 285 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, FOR 154.13 FEET¡
THENCE SOO"14'24"W FOR 28.87 FEET; THENCE S89"45'36"E FOR 55.46 FEET; THENCE
NOO·14·24"E FOR 28.75 FEET; THENCE S89°37'45"E ALONG SAID NORTH RIGHT-OF-WAY LINE
OF THAT PORTION OF ROAD RIGHT-OF-WAY OF N. W. 1ST STREET ABANDONED BY TilE CITY OF
DELRAY BEACH ACCORDING TO RESOLUTION NO. 1225 RECORDED IN OFFICIAL RECORDS BOOK
475 AT PAGE 285 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA FOR A
DISTANCE OF 127.46 FEET; THENCE S00028'54"E ALONG THE WEST RIGHT-OF-WAY LINE OF
N.W. 1ST AVENUE' BEING COINCIDENT WITH THE EAST LINE OF SAID BLOCK 52 FOR A
DISTANCE OF 609.12 FEET TO A POINT OF CURVATURE I THENCE SOUTHERLY, SOUTHWESTERLY
AND WESTERLY ALONG A CIRCULAR CURVE TO TUE RIGHT AND CONCAVE TO THE NORTnWEST,
HAVING A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 90" 51' 30" FOR AN ARC
DISTANCE OF 39.64 FEET TO A POINT OF TANGENCY; THENCE N89°37'24"W ALONG THE NORTH
RIGHT-OF-WAY LINE OF ATLANTIC AVENUE, BEING A 106 FOOT RIGHT-OF-WAY ACCORDING TO
TilE FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY MAP, FOR SECTION NO.
93550-2601, FOR A DISTANCE OF 574.29 FEET TO A POINT OF CURVATURE; THENCE
WESTERLY, NORTHWESTERLY AND NORTHERLY ALONG A CIRCULAR CURVE TO THE RIGHT AND
CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF
89°08'23" FOR AN ARC DISTANCE OF 38.89 FEET TO A POINT OF TANGENCY, THENCE
NOO ° 29' 02 lOW ALONG THE WEST LINE OF SAID BLOCK 44, BEING COINCIDENT WITH THE EAST
RIGHT-OF-WAY LINE OF N.W. 3RD AVENUE FOR 609.80 FEET TO THE POINT OF BEGINNING.
SAID LANDS SITUATE WITHIN THE CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA.
CONTAINING 9.32 ACRES MORE OR LESS.
§~~!QR'S CERTIFICATION:
I HEREBY CERTIFY THAT THIS SKETCH AND LEGAL DESCRIPTION IS TRUE AND CORRECT TO
THE BEST OF MY KNOWLEDGE AND BELIEF, AND MEETS THE MINIMUM TECHNICAL STANDARDS
FOR AND SURVEYING IN THE STATE OF FLORIDA, AS SET FORTH IN CHAPTER 21HIIH-6, OF
TH I' RIDA AQMINISTRATIVE CODE AS APPLICABLE FOR LEGAL DESCRIPTIONS.
H
DATED: 8-03-92
NOTES
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1) THIS SKETCH AND LEGAL DESCRIPTION DOES NOT REPRESENT A BOUNDARY SURVEY.~
2) BEARINGS . SHOWN HEREON ARE ASSUMED AND BASED ON THE NORTH RIGHT-OF-WAY .
LINE OF ATLANTIC AVENUE HAVING AN ASSUMED BEARING OF N89°37'24"W.
3) THE LEGAL DESCRIPTION SHOWN HEREON WAS PREPARED BY HELLER-WEAVER AND CATO,
INC. AS DIRECTED BY THE CITY OF DELRAY BEACH.
4) ® INDICATES THAT PORTION OF N.W. 1ST STREET LYING BETWEEN N.W. 1ST
AVENUE AND N.W. 2ND AVENUE AND THAT PORTION OF N.W. 2ND AVENUE LYING
BETWEEN ATLANTIC AVENUE AND N.Wo 1ST STREET THAT HAS BEEN ABANDONED
PER CITY RESOLUTION 1225, RECORDED IN O.R.B. 475 PAGE 285.
® INDICATES THE~16 FOOT WIDE NORTH /1 SOUTH ALLEY LYING WITHIN BLOCKS
51 AND 52 THAT HAS BEEN ABANDONED PER CITY RESOLUTION NO 18-89.
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EXHIBIT "B"
AMORTIZATION SCHEDULE
\
TERTATIVE DEBT SERVICE SCHEDULE
TERRIS CERTER PHASE III
Tentative Projected
Draw Draw Haturity RO. of Interest @
A.ount Date Date Days 4.22\
----------. ----------- ---------- ----------- -----------
233,000 01-0ct-94 01-Har-95 151 4,068
233,000 01-Rov-94 01-Har-95 120 3,m
233,000 Ol-Dec-94 01-Har-95 90 2,424
233,000 01-Jan-95 01-Har-95 59 1,589
233,000 01-Feb-95 01-Har-95 28 754
235,000 01-Har-95 01-Har-95 0 °
----------- -----------
1,400,000 12,069
Period Loan Period Annual
Ending Rate Balance Principal Interest Debt Service Debt Service
----------- ----------- ---------- ----------- ----------- ------------- -------------
03/01/95 4.22' 1,400,000 458,500 12,069 410,569
09/01/95 4.22\ 941,500 19,811 19 ,811 490,380
03/01/96 4,22\ 941 ,500 460,750 19,811 480,561
09/01/96 4,22\ 480,750 10,116 10,116 490,677
03/01/97 4,22\ 480,750 480,750 10,116 490,866 490,866
---------- ----------- ----.------ ------------- -------------
1,400,000 71,923 1,471,923 1,411,923
----------- ----------- ------------- -------------
----------- ----------- ------------- -------------
..
,
7
,-
EXHIBIT "C"
USE AGREEMENT WITH PBC SPORTS COMMISSION AND PALM BEACH COUNTY
CITY OF DELRAY BEACH
DELRAY BEACH TENNIS CENTER - PHASE III
PROJECT No. 94-71
PROJECT SCHEDULE
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Consultant selected by City Commission June 14, 1994
Contractor pre-qualification advertised July 17, 1994
Consultant Service Authorization approved July 19, 1994
Final design approved by the City Commission August 2, 1994
Contractor pre-qualifications due August 3, 1994
Begin bidding period for construction September 4, 1994
Bid due at 3:00 P.M. September 27, 1994
Award of bid by City Commission October 4, 1994
Begin Construction October 17, 1994
Substantial Completion February 1, 1995
Final Completion February 15, 1995
Virginia Slims Tournament begins March 6, 1995
\eed\9471\schedule
..
.
8
·
DELRAY BEACH TENNIS STADIUM
USE AGREEMENT
THIS Agreement, entered into this " day of ,
1994, between the city of Delray Beach, Florida, a Florida
municipal corporation (hereinafter referred to as "CITY") the Palm
Beach County Sports Commission, Inc., a not for profit Florida
Corporation, (hereinafter referred to as "COMMISSION"), and Palm
Beach County, a political subdivision of the State of Florida
(hereinafter referred to as "COUNTY").
WIT N E SSE T H:
WHEREAS, the Commission is presently under contract with Palm
Beach County to pursue sporting events/programs for Palm Beach
County which directly promote Palm Beach County tourism; and
WHEREAS, the funds to be provided by Palm Beach County will be
expended in a manner consistent with and in furtherance of the
objective of bringing additional tourists to Palm Beach County; and
WHEREAS, the County has entered into an agreement with the
City of Delray Beach regarding the funding of Improvements to the
Delray Beach Tennis Center; and
WHEREAS, the Commission and Palm Beach County desire to
improve the quality of life in Palm Beach County through sports and
in doing so, promote Palm Beach County's economic development and
provide quality sporting events for participants and spectators of
Palm Beach County, Florida; and
WHEREAS, Palm Beach County and the City of Delray Beach have
entered into a separate agreement defining their respective
contributions to the construction of Improvements to a professional
sports franchise facility to be known as Delray Beach Tennis Center
to improve the quality of life in Palm Beach County through sport,
and further advance Palm Beach County tourism;
NOW, THEREFORE, for and in consideration of the covenants and
mutual promises herein contained the parties agree as follows:
1. The Commission, the City and the County shall be named as
additional insured by event owners on all events that the
Commission or County sponsors, except that this
requirement shall not apply to events governed by
contracts entered into prior to the date of this
agreement, or to events not designated, co-sponsored or
sponsored by the Commission or the County. The
Commission/County and their designated event owners shall
comply with the insurance requirements as set forth in
Exhibit A.
2. The Commission and Palm Beach County shall, to the extent
permitted by law, indemnify and save harmless the city
from and against any and all claims, suits, actions,
damages and/or causes of action arising during the term
of this Agreement for any personal injury, loss of life
and/or damage to property sustained in or about the
premises by reason or as a result of the use and
occupancy of the premises by the Commission/County, its
agents, employees, licensees, and invitees, and from and
against any orders, judgments, and/or decrees which may
be entered thereon, and from and against all costs,
attorney fees, expenses and liabilities incurred in and
about the defense of any such claim. In the event the
City shall be made a party to any litigation commenced
against the Commission or Palm Beach County or by the
Commission against any third party, then Commission and
Palm Beach County shall protect and hold the City
harmless and pay all costs and attorney's fees incurred
by City in connection with such litigation, and any
appeals thereof. Nothing contained herein shall be
construed as a waiver of sovereign immunity enjoyed by
the County and city hereto, as provided in Florida
Statutes section 768.28 as amended.
·
3. The parties hereto, their successors and assigns agree to
negotiate in good faith in order to have a cooperative
effort in scheduling events to meet the needs of the
parties. The parties hereto recognize the restrictions
and limitations contained in the Agreement between the
City and Liddun International, Inc. and Kingdom, Inc.
(the Franchise Agreement). The scheduling of any event
is subject to the restrictions or limitations as
contained within the Franchise Agreement. It is further
understood by the County and the Commission that no
contract with an event owner or sponsor or concessionaire
intending to use the tennis facility pursuant to this
Agreement may exceed one (1) year without the express
written consent of the City. Notwithstanding the
foregoing, the same person may use the tennis facility in
anyone or more years during the term of this Agreement.
It is further agreed that the Commission and/or County
and the City may cooperate in joint ventures, the terms
of which shall be agreed upon on a per event basis.
The Commission/County shall be entitled to schedule three
(3) franchised tennis events or other designated events
per calendar year, with a duration not to exceed a
cumulative total of fourteen (14) days.
The parties to this Agreement, through their designated
representatives, shall meet the second week of January
and June during the life of this Agreement in order to
schedule the three (3) calendared events per year
permitted to the Commission/County pursuant to this
Agreement. At the first meeting held in January of 1995
the parties shall schedule the County/Commission
calendered events for the entirety of 1995. At the first
meeting in June of 1995, the parties shall schedule the
County/Commission calendared events for the six month
period commencing January 1, 1996 through June 30, 1996.
At the January 1996 meeting, the parties shall schedule
the County/Commissions calendared events for the six
month period commencing July 1st of 1996 through December
31, 1996. Thereafter, until the end of this Agreement,
the parties shall continue such scheduling in order that
the events will be scheduled six (6) months in advance.
The scheduling of the Commission/County events shall be
subject to availability of the tennis stadium, subject
the restrictions or limitations contained in the
franchise agreement and subject to Paragraph 34 herein.
In addition, the Commission may request use of the
facility for events not scheduled in January or June of
each year, subject to the availability of the tennis
stadium and with appropriate notice to the City on terms
to be agreed upon on a per event basis. The parties
shall resolve conflicts in scheduling by giving priority
to the event that the parties anticipate will have the
most favorable impact on tourism.
4. This Agreement shall be in full force and in effect for
a period of ten (10) years commencing on the day and date
first written above.
5. Any advertising or signage of a commercial interest at
the Tennis stadium may be covered or removed and
otherwise made no longer visible by the Commission/County
during events owned or sponsored by the Commission or the
County except that this provision shall not apply to
events held pursuant to the Franchise Agreement.
6. Subject to the requirements of Paragraph 34 herein, the
Commission/County reserves the right to operate all food,
drink and souvenir concessions or arrange for the
operation thereof, at events solely owned or solely
sponsored by the Commission/County. The city shall
receive 25% of all net revenues from the concessions.
The Commission/County shall retain 75% of the net
revenues. If the Commission/County elects not to operate
food, drink or souvenir concessions at events solely
owned or solely sponsored by them, the City, if it elects
·
to do so, may provide and operate or arrange for the
provision of and operation of the concessions in which
case the Commission/County shall receive 25% of all net
revenues from the concessions with the(City retaining 75%
of the net revenues. The Commission/County is
responsible for the collection and disbursement of monies
pursuant to this paragraph, including the payment of
taxes, if required for all events which they own or
sponsor in which they provide or arrange for the
provision of said concessions. The city shall be
responsible for the collection and disbursement of monies
pursuant this paragraph, including the payment of taxes,
if required, and all events in which they provide,
operate, or arrange to provide and operate said
concessions. These percentages may be renegotiated at
the annual meeting held to discuss the use of the
facility. Joint ventures between the Commission or
County and the City, and concessions related thereto
shall be governed by a letter agreement entered into
prior to the j oint venture. Any Commission/County
souvenir concessions or products requiring special
permitting or licensing shall be the sole responsibility
of the Commission.
7. The Commission/County shall receive all ticket revenues
for Commission/county owned or sponsored events, unless
the event is a joint venture between the
Commission/County and the City, at which time a letter of
Agreement will be entered into regarding the division of
ticket revenues. The parties to this Agreement shall
review the distribution of ticket revenues which may be
renegotiated at the meeting in January, held each year,
to discuss the use of the facility. Any amendment to the
ticket revenue distribution is subject to the approval of
all parties to this Agreement.
8. The City shall make available parking spaces on City
owned or controlled property for each such event based on
the Commission/County's estimated requirements and the
available number of City owned or controlled parking
spaces. Estimated parking requirements shall be
discussed during the scheduling meetings in January and
June of each year for the three events designated by the
Commission/County in order that the City, to the extent
possible, can avoid conflicts and provide as much parking
on City-owned or controlled property as available.
Parking fees on City-owned or city controlled property
shall be the property of the Commission/County for all
Commission/County owned and sponsored events. The
Commission/County shall be responsible for obtaining all
additional parking that may be necessary to provide
sufficient parking for an event. The city may require
the Commission/County to make arrangements for such
additional parking as may be necessary in the opinion of
the city, in order to ensure adequate parking is provided
for an event. Revenues and fees from parking on private
property will be governed by the terms of agreements with
private property owners. For joint ventures between the
Commission/County and the city, the number of parking
spaces required and the fees to be charged and
disbursement thereof between the parties shall be as set
forth and distributed pursuant to a letter agreement
entered into prior to the joint venture event. Paragraph
8 shall not apply to events which are governed by prior
agreements entered into by the City or for events or uses
the city designates or secures for the tennis facility.
9. The Commission/County in its sponsored events shall pay
no fee, except as may be specifically set forth elsewhere
in this agreement, for use of the stadium or other
facilities including locker rooms, restrooms, tennis
courts, club house and other facilities related to the
tennis facility, as needed to support Commission/County
events.
10. The City shall provide, as requested, normal support
·
staff (i.e. maintenance), at commission events, at
customary charges pursuant to contract with the event
owner. The Commission/County or the event owner shall
provide the City with at least thirty,'(30) calendar days
prior written notice of its needs herein. The City shall
have seven (7) calendar days from receipt of said notice
to provide a written cost estimate for the services so
requested and to notify the Commission/County or event
owner of additional services that must be provided, and
the costs the City estimates will be required to provide
such additional services, if such services are to be
provided by the city. The Commission/County or event
owner shall pay to the city, the actual charges or
negotiate the price for such services as are required for
such event no later than ten (10) calendar days prior to
such event. The City reserves the right to refuse to
permit the holding of an event at the tennis facility if
the services to be provided by the Commission/County or
event owner are insufficient to properly hold the event
and protect the health, safety and welfare of the
citizens of the city of Delray Beach or would have an
adverse effect on the tennis facility.
11. The Commission/County shall have access to the use of
equipment normally and regularly associated with the
stadium and tennis facility at no charge; provided,
however, that the Commission/County shall pay the actual
costs, for the installation and dismantling of special
event signs and parking signs. The Commission/County
shall provide the special event signs and parking signs.
The city shall provide traffic control signals, traffic
signs, cones and barricades with said actual costs
thereof to be reimbursed by the Commission/County. The
city shall be responsible for providing normal lighting,
however, extra lighting that may be required by an event
shall be the responsibility of the Commission/County or
event owner.
12. The Commission/County and/or the event owner agrees to
make arrangements with the city of Delray Beach Police
Department to provide for City Police personnel which the
City determines, in its sole discretion, is necessary for
the event. The Commission/County or event owner shall at
least twenty (20) days prior to an event, consult with
the Chief of Police or his designee to determine the
proper scheduling of security for each event. In
addition, the Commission/County or event owner shall
contact the City Fire Department to make arrangements for
Emergency Medical personnel to be present at events as
may be required by the city.
13. Unless modified elsewhere in this Agreement, the
Commission/County or event owner shall be liable for any
and all taxes which are or may be imposed as a result of
this Agreement for Commission/County owned or sponsored
events. Taxes shall be paid to the appropriate authority
which shall include, but not be limited to sales and use
taxes.
14. The Commission/County agrees to accept all financial
responsibilities for Commission/County owned or sponsored
events which it incurs as a result of the event, which
are not otherwise provided for in this Agreement and
further agrees that all services and supplies not
specifically identified herein shall be provided by the
Commission/County.
15. All concessions are to be located in areas designated by
the City's Parks and Recreation Department staff, and all
concessions stands are subject to the approval of the
city's Parks and Recreation Department staff. All food
and beverages shall be wholesome and pure and shall not
be served after pull dates. All concessions must meet
all requirements imposed by state, County or local health
authorities.
16. The commission/County or event owner, shall identify the
City of Delray Beach as the site of the event in all
advertising publications, radio and electronic
broadcasts.
17. The Commission/County or event owner, if alcoholic
beverages are to be distributed or sold during an event,
shall obtain a temporary alcoholic beverage license for
the sale of alcoholic beverages on the property and meet
all other requirements of the laws, rules and regulations
governing the sale of alcoholic beverages.
18. The City assumes no responsibil i ty for any property
placed on the site by or through the Commission/county or
event owner their agents, employees , representatives,
independent contractors or invitees unless damage or loss
of property occurs due to the negligence or willful acts
of the City, its agents, officers, employees, invitees,
licensees or guests.
19. All agreements between the commission/County and event
owners shall contain an indemnification clause which
requires them to indemnify, release, and hold harmless,
the City, and the Commission/County its officers, agents,
and employees as follows:
shall, to the extent
permitted by law, indemnify, save and hold the City
of Delray Beach, Palm Beach County and the Palm
Beach County Sports Commission, Inc., its officers,
agents and employees harmless from any and all
claims, damages, liabilities, losses, causes of
action, liens or judgments of any kind or nature
whatsoever which may arise out of, in connection
with, or because of the (a) use, maintenance or
operation of the facil i ties, including, but not
limited to, courts, stadium, seating, the exterior
facilities and grounds, parking areas, pedestrian
walkways, vehicular paths and grassy areas, by ___
, its officers, agents, employees or
independent contractors, invitees, licensees or
agents, including, but not limited to those
resulting from or arising out of any act done or
words spoken by , its officers, agents,
invitees, licensees, independent contractors, or
employees; (b) for any damage done to the premises
or any part thereof caused by an act or omission of
its officials, agents, employees, assigns, or
independent contractors; (c) for personal injury
and loss of life sustained as a result of the use
and occupancy of the premises by , its
officers, agents, employees, licensees, invitees,
or independent contractors and from any orders
settlements, judgments, or decrees which may be
entered thereon or in connection therewith, and
from and against all costs, including attorney I s
fees and expenses and liabilities assessed during
arbitration or at trial and appellate levels
incurred in and about the defense of any claim.
The provisions of this indemnification is not
limited to the amount of commercial general
liability insurance required under its agreement
wi th the Commission/County or the City. Nothing
contained herein shall be construed to waive the
city I s or County I s rights and immunities under
common law or section 768.28, Florida Statutes, as
may be amended from time to time. The provisions
of this indemnification shall survive the
execution, del i very and performance of the
agreement.
20. The Commission/County and the City each shall maintain,
during the term of this Agreement, all books of account,
reports and records necessary to document its activities
pursuant to this Agreement. The Commission/County shall
allow the City, and the City shall allow the
Commission/County and their respective auditors to
inspect all or part of the records. All books and
records shall be made available by both parties at
reasonable times and places and may be inspected at the
request of either party, for the duration of this
Agreement and five years thereafter.
21. Concession areas must be kept clean and sanitary. The
Commission/County shall provide courteous, competent and
efficient staff for its owned and sponsored events in
such numbers, skills and experience so as to properly
provide efficient concession services to patrons of the
facility. The city shall not be responsible for any
damage or injury to, or the personal conduct, safety and
welfare of any representative, employee, exhibitor,
independent contractor, workers, invitees and licensees
of the Commission/county while on the premises unless
damage or injury is caused by the negligence or willful
acts of the City, its agents, officers, employees.
22. All tickets for admission prepared by the
Commission/County shall contain language approved by the
City establishing that the tickets create a revocable
license.
23. The Commission/county or event owner agree to vacate the
tennis facility site no later than five days from the
completion of an event, including the removal of all
material and equipment owned or provided by the
commission/County and shall leave the tennis facility
site in a condition equal to that at the commencement
date of such event, ordinary wear and use thereof only
excepted.
24. The Commission/County or event owner, prior to
commencement of any activities pursuant to the provisions
of this Agreement, shall comply with all applicable,
federal, state, county, or city laws and requirements and
receive all necessary permissions, permits, approvals and
licenses which are required to perform the activities
contemplated by the event. All evening events shall end
at a reasonable time designated by the City. If the
Commission/County or event owner fails or neglects or
refuses to conform to any direction or instruction that
may be properly given by the City or with any applicable
law, ordinance or regulation of the City, County, state,
or Federal Government, or shall fail, neglect or refuse
to pay any amount due hereunder on the date the same
shall become due or shall default in the performance of
any of the material terms or provisions herein required,
it shall then be lawful for the City, at its option, to
declare this Agreement null and void and the City may
thereupon obtain a judicial determination to this effect.
25. The Commission/County, its representatives, successors,
assigns, agents, subcontractors and independent
contractors hereby covenant and agree that no person
shall be excluded on the grounds of race, color, national
origin, age, sex, disability, marital status, familial
status, sexual orientation, or religion from
participation in, denied the benefits of, or be otherwise
subjected to discrimination in the use of the facilities.
26. During the term of this Agreement, the Commission/County
and the City each unto themselves reserve the right to
renegotiate such additions, deletions or changes to the
license as may be necessitated by changes in municipal,
county, state or federal laws relating to the operation
of the site.
27. All notices shall be addressed to the following:
As to the County:
Robert Weisman, County Administrator
301 North Olive Avenue, suite 1101
.
West Palm Beach, Florida 33401
with copies to:
,
J. Charles Lehmann, Executive Director
Palm Beach County Tourist Development Council
1555 Palm Beach Lakes Blvd, Suite 204
West Palm Beach, Florida 33401
Pam Gerig, Executive Director
Palm Beach County Sports Commission
1555 Palm Beach Lakes Blvd, suite 202
West Palm Beach, Florida 33401
County Attorney
301 North Olive Avenue, suite 601
West Palm Beach, Florida 33401
As to the City of Delray Beach:
Office of the City Manager
City Hall
100 NW First Avenue
Delray Beach, Florida 33444
with a copy to:
City Attorney
200 NW First Avenue
Delray Beach, Florida 33444
28. If any term or provision of this Agreement shall, to any
extent, be deemed inval id or unenforceable, the remainder
of this Agreement shall be valid and shall be enforced to
the fullest extent of the law.
29. This Agreement, together with any addendum that may now
or in the future be attached to and become a part hereof,
sets forth all the covenants, promises, agreement,
conditions and the understandings, either oral or
written, between the parties. Except a herein provided,
no subsequent alteration, amendments, changes, or
additions, shall be binding on the parties, unless and
until reduced to writing and signed by both parties.
30. The city shall make no material alterations to the Delray
Beach Tennis Stadium which would materially affect the
uses contemplated herein without the written consent of
Palm Beach County and the Palm Beach County Sports
Commission. In the event the City shall make any
alteration to the Stadium which materially affects the
use of the facility, as contemplated hereunder, without
the written consent of Palm Beach County, Palm Beach
County shall have available to it, in addition to all
remedies provided hereunder, all remedies at law or at
equity, including injunctive relief.
31. This Agreement is binding upon the parties hereto. In
the event the Commission ceases to be under contract with
Palm Beach County, Palm Beach County reserves the right
to designate the assignee, subject to the consent of the
City, which consent shall not be unreasonable withheld
and subject to the provisions of paragraph 34 hereof.
32. This Agreement shall not be construed against the party
who drafted the same, as all parties to this Agreement
have retained experts of their choosing to review the
business and legal adequacy of the Agreement.
33. In the event that litigation shall be necessary for the
enforcement of this Agreement on behalf of any party
hereto, then the prevailing party shall be entitled to
reasonable attorney's fees and costs incurred in said
litigation.
34. It is recognized by the County/commission that the tennis
.
facility has been financed with proceeds of tax exempt
debt and may be refinanced from time to time in the
future and that the Internal Revenue Code of 1986, as
amended, limits the private use of governmentally owned
facilities, such as the tennis facility, in order to
maintain the tax exempt status of debt issued to finance
the same. Notwithstanding anything to the contrary
contained in this Agreement, the parties hereto
acknowledge that the city has the absolute right to
reject any proposed use of the tennis stadium or any part
thereof by the County, the Commission, or the event owner
which use would or could in the aggregate adversely
affect the tax exempt status of the City's debt. Such
absolute right shall not be considered a default under
this Agreement.
35. This Agreement shall be governed by and interpreted
according to the laws of the state of Florida and venue
shall be in Palm Beach County, Florida.
36. This Agreement may not be terminated or amended except by
the consent of the parties, evidenced by a written
agreement signed by all parties.
IN WITNESS WHEREOF, this Agreement has been executed by the
parties herein on the day and year first above written.
ATTEST: PALM BEACH COUNTY, FLORIDA
BY ITS BOARD OF COUNTY COMMISSIONERS
BY: DEPUTY CLERK BY: MARY MCCARTY, CHAIR
ATTEST: CITY OF DELRAY BEACH, FLORIDA
BY: CITY CLERK BY: TOM LYNCH, MAYOR
PALM BEACH COUNTY SPORTS COMMISSION
PALM BEACH COUNTY, FLORIDA
BY: JIM WATT, PRESIDENT
APPROVED AS TO FORM AND APPROVED AS TO FORM AND
LEGAL SUFFICIENCY LEGAL SUFFICIENCY
ASST. COUNTY ATTORNEY BY: CITY ATTORNEY
f:\contract.94\sports\tennis.use
J
EXHIBIT A
Insurance Requirements: shall
purchase and maintain insurance or provide evidence of self
insurance providing coverage on an occurrence basis during the term
of this agreement as outlined below. A Best Rating of no less than
B+ 12 is required for any carriers providing coverage required
under the terms of this Agreement.
A. Comprehensive General Liability or Commercial General
Liability Coverage must be afforded on a form no more restrictive
than the latest edition of the Comprehensive General Liability
Policy or General Liability filed by the Insurance Services Office,
and must include:
1. Minimum Limits of total coverage shall be
[$1,000,000.00) per occurrence combined single
limit for Bodily Injury Liability and Property
Damage Liability, the basic policy to be in said
form with any excess coverage (and the carrier) to
be acceptable to the City.
2. Premises and/or Operations.
3. Products and/or Completed Operations.
shall maintain in force until at least three (3)
years after completion of all services required
under the agreement, coverage for products and
completed operations, including Broad Form Property
Damage.
5. Broad Form Property Damage including Completed
Operations.
6. Broad Form Contractual Coverage applicable to this
specific agreement, including any hold harmless
and/or indemnification agreement.
7. Personal Inj ury coverage with employees and
contractual exclusions removed.
8. Liquor Liability.
9. Additional insured. The City and the
Commission/County are to be specifically included
as an additional insured (including products).
10. Notice of Cancellation and/or Restriction. The
policy must be endorsed to provide the City/County
with thirty (30) days written notice of
cancellation and/or restriction.
B. Worker's Compensation. Coverage to apply for all
employees for statutory Limits in compliance with the applicable
State and Federal Laws. In addition, the policy must include the
following:
1. Employers' Liability with a limit of $500,000 each
accident.
2. Notice of Cancellation and/or Restriction. The
policy must be endorsed to provide the city/County
with thirty (30) days written notice of
cancellation and/or restriction.
I
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[ITY DF DELRAY BEA[H
DELRA Y BEACH
F l O. I D A 100N.W.lstAVENUE . DELRAYBEACH,FLORIDA33444 . 407/243-7000
~ MEMORANDUM
"III!TO' David T. Harden, City Manger
1993 FROM: t?Aobert A. Barcinski, Assistant City Manager
SUBJECT: AGENDA ITEM # CITY COMMISSION WORKSHOP 9/20/94
PROPOSED POLICY AND RATE CHANGES MUNICIPAL
GOLF COURSE
DATE: September 16, 1994
ACTION
Clty Commission is requested to approve proposed policy and
rate changes for the Municipal Golf Course for FY '94-'95.
BACKGROUND
Mr. Dubln is proposing policy and rate changes as part of his
budget submittal. Policy changes include:
1. No charge for locker rental due to construction
(approximately 2-3 months free).
2. Reallocating two tee times per hour from 8-10 a.m.
reserved for 2-day (non-resident/resident) call-in to
3-day (resident only call-in) .
Proposed rate increases vary for the type of fee charged,
however, they average approximately 4%. A detail rate
proposal is attached. Mr. Dubin has varied rate changes to
reflect market conditions and to fit into the overall business
plan. A rate comparison chart with other municipal courses is
also attached. No increase is being recommended for permit
fees or bag storage due to clubhouse construction and market
comparison.
RECOMMENDATIONS
I recommend approval of policy and rate change proposal.
RAB:kwg
Attachments
File:grahamkw/golf/agenda
Doc. :wssept20
Cl:\ THE EFFORT ALWAYS MATTERS Sf. d .
~ Pnnted on Recycled Paper
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DELRAY BEACH GOLF COURSE
POLICIES
OCTOBER 1994 - SEPTEMBER 1995
1. We will revise our T time policy by eliminating the "two
day call in" times on weekdays only between 7 a.m. and
11 a.m. This will give our permit holders and residents
more "prime time" T times and will also eliminate the
need for our residents and permit holders to call back
the next day to improve their times.
2. We will continue to offer our residents and permit
holders discounts on lessons and range.
3. We will continue to offer our permit holders the
following:
- Block T times Wednesday and Thursday.
- Block T times for special tournaments.
- Discounts on merchandise.
- Personalized club labels for clubs in storage.
- Complimentary dining society membership.
- Complimentary coffee and muffins at tournaments.
- 10% discount on tournament gift certificates.
4. Provide free locker rental when new clubhouse built,
through the end of fiscal year ·'94-'95 only.
.
RESIDENT NON RESIDENT
EXISTING PROPOSED EXISTING PROPOSED
\j ;IAN 1 - MARCH 3 1...i---1 995
CART FEES - 18 HOLES $ 9.20 $ 9.44 $ 9.20 $ 9.44
GREEN FEES - 18 HOLES 15.56 16.04 25.00 26.36 ¡
CAPITAL IMPROVEMENT FUND .71 ___-'- 94 __--'-2~ -~
25.47 26.42 34.91 36.74
TAX ___U3 __L~_i? 2.09 2.26
~_27 . 00 2-28.00_ (3.7%) $ 37.00 2- 39.00 (5.4%)
CART FEES - 9 HOLES $ 5.89 $ 6. 14 S 5.89 $ 6. 14
"
GREEN FEES - 9 HOLES 8.49 8.95 15. 10 15.56
CAPITAL IMPROVEMENT FUND .71 --_-'.-~ --~ .94
15.09 16.03 21 .70 22.64
TAX .91 .97 1 . 30 1 . 36
--- $ 24. 0 0 ( " . 3 ð/þ)
$ 16.00 $ 17.00 (6.3%) .Ln--,---º-º--
\j t\PR tl.-__l2ll-,-_-,"iQVEMBER, DEC~l'0B~_~ 1994
CART FEES - 18 HOLES $ 9.20 $ 9.44 $ 9.20 $ 9.44
GREEN FEES -- 18 HOLES 13.67 14. 15 21 .22 21.70
CAPITAL IMPROVEMENT FUN __-,-ll .94 .71 ______,2J!_
---~------.._-- ---------
23.58 24.53 31 . 1 3 32.08
TAX _--1--'.-42 ~.-L-,-~Z 1 _ '37 _-.L_'22
~.OO S 26~Q (4.0%) :~__}J_~_Q_Q .2_2~·__Q_Q (3.09¿,)
CART FEES - 9 HOLES $ 5.89 $ 6.14 $ 5.89 $ 6.14
GREEN FEES - 9 HOLES 7.55 8.01 12.27 12.73
CAPITAL IMPROVEMENT FUND . 71 ___-!-9_l± .47 _____! 9 4
14. 15 15.09 18.87 18.81
TAX .85 ___~<u_ ___~-,-_t3 ---1~.~
$ 15.00 $ 16.0Q (6.6%) 2. 20.00 $ 21. 00 (5.0%)
j MAY 1 -- OCTOBER 31 , 19~
CART FEES - 18 HOLES $ 7.78 $ 8.02 $ 7.78 $ 8.02
GREEN FEES - 18 HOLES 6.60 6.61 8.49 8.49
CAPITAL IMPROVEMENT FUND .71 __-,_94 .71 _____~l±
15.09 15.57 16.98 17.45
TAX ___---'-2~ ~__.'._9]_ ~ .D1'o ---1-=-0 2 .____~5'. 2 -I*>
_~_li__,J2º_ .s.... ~O (3-:-t'% ) S_-.-llL 00 ~~_1 _-'___-º ~)
-- Tits:;" /3-- 0-~
i ') --'
CART FEES - 9 HOLES $ 4.95 $ 5.19 $ 4.95 $ 5. 19
GREEN FEES - 9 HOLES 4.71 5. 19 6.60 7.07
CAPITAL IMPROVEMENT FUND ___-'-Ll _______,_9 4 ______.'.LL ____.__. 94
10.37 1 J . 32 12.26 1'3.2.0
TAX -~ ____-"-_68 _-----'-J..!i (\ (
--_.~--_._--
$ 11 .00 LL£----º-º S 13_0i) --.----.---...
.
PROPOSED EXISTING
MISCELLANEOUS RATES (ALL RATES ARE PLUS SALES TAX)
BAG STORAGE $ 63.00 $ 63.00
LOCKER RENTAL $ 0 $ 37.00
PREPAID WALKERS $ .94 $ .71
PULL CART $ 2.12 $ 1. 89
CLUB RENTAL - 18 HOLE $ 18.87 $ 21.23 Free to Juniors
- 9 HOLE $ 14.15 $ 16.51 Free to Juniors
RANGE BALL $ 3.30 $ 3.07 $1 For Juniors
CHARITY CARD $ 15.09 $ 14.15
PREPAID GREEN FEES
#
RESIDENT FAMILY 111 $1225.00 $1225.00
RESIDENT SINGLE 220 $ 787.50 $ 787.50
NON-RESIDENT FAMILY 12 $1925.00 $1925.00
NON-RESIDENT SINGLE 17 $1550.00 $1550.00
. '
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a>LF CUJRSE SURVEY
MUNICIPAL GOLF OOURSES
ALL RATES ARE BEFORE TAX
BCCA BOYNTQ\J WEST PAlM NŒTH PAlM PAlM BEAG! DElRAY BEAO-l
RATQ\J BEAG! BEAG! BEAG! GARDENS OOLF illJB
10/1/94 10/1/94 10/1/94 10/1/94 10/1/94 10/1/94
9/30/95 9/30/95 9/30/95 9/30/95 9/30/95 9/30/95
PERMIT SINGLE RES 700.00 707.55 650.00 800.00 700.00 787.50
S I NCLE NO\! RES 1150.00 707.55 875.00 1230.00 900.00 1550.00
FAMILY RES 11 00 . 00 NO\!E NO\JE 1385.00 1200.00 1225.00
FAMILY NO\I RES 1550.00 NO\!E NO\!E 2165.00 1500.00 1925.00
RANGE BALLS 3.07 3.30 3.77 4.00 3.50 3.30
PULL CARTS 2.36 1.89 1.89 NO\!E N/A 2.12
CART FEE SEASOO
18H RES 9.00 10.38 10.38 9.43 10.38 9.44
18H NO\I RES 11 .25 10.38 10.38 12.26 10.38 9.44
GREEN FEE SEASæ
JAN 1 MAROi 31
18H RES 16.75 20.28 28.30 20.00 16.03 16.04
18H NQ\J RES 22.50 20.28 28.30 37.00 25.47 26.36
APRIL '95 NOV-DEC '94
18H RES 16.75 20.28 23.58 20.00 10.85 14.15
18H NO\! RES 22.50 20.28 23.58 37.00 16.98 21 . 70
CART FEE OFF SEASOO
18H RES 6.00 7.08 9.43 9.43 8.49 8.02
18H NO\! RES 7.50 7.08 9.43 12.26 8.49 8.02
GREEN FEE OFF SEASæ
18H RES 9.75 8.95 12.26 13.00 7.55 6.61
18H NO\! RES 12.75 8.95 12.26 18.00 9.43 8.49
WALKERS SEASOO
JAN 1 MAROi 31
9H RES 11.00 11.79 N/A 12.00 9.43 8.95
91-1 NO\! RES 13.75 11.79 N/A 22.00 14.15 15.56
APRIL '95 NOV-DEC '94
9H RES 11.00 11.79 N/A 12.00 7.55 8.01
9H NO\! RES 13.75 11.79 N/A 22.00 9.43 12.73
WALKERS OFF SEASOO
9H RES 7.50 6.13 N/A 7.00 5.19 5.19
9H NO\! RES 9.40 6.13 N/A 10.00 7.08 7.07
CAP ITAL IMPROVEMENT FUND N/A .47 .94 N/A N/A .94
.,
· .-
9 H. PERMIT W~~KER - ALL YEAR 0 0 N/A 1.00 2.00 0
BAG STORAGE 56.60 55.00 75.00 75.00 N/A 63.00
GIAR I TY 14.15 NQ\JE 16.98 17.00 16.98 15.09
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I
[IT' DF DELHA' BEA[H
DELRA Y BEACH 407/243-7000
f LOR I D A 100 N.W. 1st AVENUE . DELRAY BEACH, FLORIDA 33444 .
~ MEMORANDUM
, ~ 11110' 1.. David T. Harden, City Manager .
'FROM: '¡¿¡VRobert A. Barcinski, Assistant City Manager Uái/r;f,)
1993 '.
SUBJECT: AGENDA ITEM #SP3 CITY COMMISSION MEETING 9/20/94
VISIONS OF PERFECT HARMONY / HALLOWEEN STREET
PARTY BLUES FEST
DATE: September 14, 1994
INFORMATION
On October 15, 1994, the Joint Venture, in conjunction with Old
School Square, is sponsoring "Visions of Perfect Harmony, " a
day to celebrate our community's cultural diversity, which is
part of the Heritage Month Celebration. Activities planned for
the day include a parade on Atlantic Avenue, from the Colony
Hotel to 10th Avenue, featuring the five area high school
bands, from 11:00 a.m. to 12:30 p.m. , free live entertainment
featuring the Soweto Street Beat Dance Company and a Gospel
Fest, food and craft booth display area, kids' game area, and
entertainment. The day's events will begin at 9:00 a.m. , along
Atlantic Avenue, until 8:00 p.m. Entertainment will be
on-going in the tennis stadium during the afternoon with the
Gospel Concert from 6:00-8:00 p.m.
In addition, the Joint Venture is sponsoring a street party on
Sunday, October 16th, from 2:30 p.m. until 11:00 p.m. on the
Avenue, between Swinton and N.E. 1st Avenue.
REQUEST
The Visions of Perfect Harmony Committee is requesting the
following from the City for their event:
1. Endorsement of the event,
2. Use, per LDR Section 2.4.6 (H) , to utilize Atlantic
Avenue for the parade and the east side of the tennis
center parking lot off Atlantic Avenue for food booths,
craft booths, and use of the tennis stadium for
entertainment,
3. City staff assistance for traffic control for the
parade, barricade installation, street and parking lot
clean-up and trash removal, and police security,
4. Closure of N.W. 1st Avenue from Atlantic Avenue to the
north end of the tennis center for booths and pedestrian
traffic, and,
5. Waiver of staff overtime.
® Pnnred on Recycled Paper THE EFFORT ALWAYS MATTERS
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Agenda Item # S P .3
Page 2
We are estimating staff overtime for this event to be
approximately $2,500.
Funding for the festival is to come from private sector
donations.
The Joint Venture is requesting the following for the Street
Party Blues Fest:
1. Use, Per LDR Section 2.4.6 (H) to close and utilize
Atlantic Avenue from Swinton to N.E. 1st Avenue.
2. City staff assistance to set up and remove barricades
and event signs.
3. Waiver of City overtime.
Overtime for this event is estimated to be $250.00.
RECOMMENDATION
Consider approval of requests from the Visions of Perfect
Harmony Committee and the Joint Venture for the events on
October lOth and October 15th.
RAB:kwg
cc: Marjorie Ferrer, Downtown Coordinator
Joe Gillie, Director, OSS
Major Rick Lincoln, Police Department
Joe Weldon, Parks and Recreation Director
Chief Rehr, Fire Department
File:grahamkw/Agenda
Doc.:0920doc.001
,.
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pE,LRoA': B~A~I-!
Delray Beach Police Department tied
All-America City
300 West Atlantic Avenue · Delray Beach, Florida 33444-3695 , (III!
(407) 243-7888 Fax (407) 243-7816
1993
MEMORANDUM
TO: Robert A. Barcinski, Assistant City Manager
FROM: Richard M. Lincoln, Major ~
Field Operations Bureau
DATE: September 16, 1994
SUBJECT: HERITAGE FESTIV AL/PERFECT HARMONY
The issue of police staffing for the Heritage Festival has been examined. There will
be a need for 19 police officers/community service specialists plus one (1)
supervisor in order to handle all traffic and pedestrian concerns associated with this
parade. This represents a cost estimate of approximately $1,200.00 at the City
overtime rate.
In addition, there will be a need for police staffing at the Tennis Center to
accommodate this activity. It would be my intention to staff this particular portion
of the event by redirecting on-duty police personnel with no overtime implications.
RML/ppt
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tJI _ l
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~
September 16, 1994
Mr. Robert Barcinski, Assistant City Manager
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, FL 33444
Dear Mr. Barcinski:
Enclosed please :find the schedule for the Heritage Month activities. As we have
discussed, this month allows the different ethnic groups within our community to
celebrate their heritage, and in so doing, the Joint Venture has taken a role in
helping to facilitate several events.
Saturday, Oct. 15th Visions of Perfect Harmony Festival:
* Use of the tennis center parking lot from: 8:00am -
~ lS.S9pm for the use of booth for arts, crafts, food and
entertainment.
* Use of the Tennis Center main court for the entertainment
from 12:00pm - 8:00 pm, which should include setup time for
sound equipment, use of bathrooms, and use of lights as needed
for safety.
* Closure of Atlantic Avenue from 5th Avenue N.E. to 10th
Avenue N.W. from 11:00am - 12:30pm, for a parade of area
school bands and children dressed in ethnic costumes.
* Event Parking signs will need to be placed in designated areas to
insure parking for both the festival goers and the tennis patrons.
Sunday, Oct. 16th Halloween Street Party Blues Fest:
* Atlantic Avenue will need to be closed from Swinton to
N.E. 1st Avenue from 2:30pm - 11:00pm.
* Event parking signs from the night before will be
DELRA y BEACH JOINT VENTURE' Community Redevelopment Agency' Delray Beach Chamber of Commerce' Downtown Development Authority
64 S.E. Fifth Avenue, Delray Beach, FL 33483 . Tel: 407-278-0424 . Fax: 407-278-0555
--
repositioned for this new event by the Joint Venture.
* Request a waiver of the open container for alcoholic
beverages for the closed street area from 3:00pm -
10:00pm.
* Portable toilets will be set up at the expense of the Back Room in the
adjacent parking spaces of Old School Square.
Friday, October 21st The United States Air Force Jazz Band:
* Use of the city large stage with covering to be set up on the lawn of
Old School Square at 2:00pm.
* Event parking signs to be set up as needed.
Thursday, Oct 27th Art and Jazz on the Avenue:
* Event Parking Signs placed as needed.
* Waiver of the open container for alcoholic beverages for Atlantic
Avenue.
* Closure of S.E.3rd Avenue from Atlantic Avenue to the
parking entrance of the Sun Bank lot, for the purpose of
erecting an information tent for the sponsors Sun Bank
and Sun-Sentinel.
* Slow-down of the FEC train from 55 MPH to a slower speed from the
hours of 4:40 - 12:00 midnight for the safety of the crowd expected
during the evening.
* Permission to use median signs for one week prior to the event on
Atlantic Avenue, the Federals, and other pertinent areas.
* Permission for the use of Art and Jazz lightpole banners to replace the
existing Atlantic Avenue banners one week prior to the event, and
for the city to be responsible for the exchange of banners on the
Friday morning following the event.
"
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TO : ÐoB W C1lv5k::f I
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FROM: MARJORIE FERRER
DOWNTOWN COORDINATOR, DELRA Y BEACH JOINT VENTURE
DATE: q ~1).·qtl-
# PAGES INCLUDING COVER: q
MESSAGE:
'1\,,~y ALe. M-~/N~ IN ~fytPA If''''''
(~o. ÂFe,.c:,AÞJ ~~). WðÙ~O ~vt:tÂTS
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!D! rs-
Nt\JD~Y ~~~T~~~M~2uE' D:RA;:E~': 33~3
(407) 279-1384; FAX (407) 278-0555
SEP-12-94 MON 02:50 PM P.02
~'fV ~ II ~~ .-~ ~1f!j~~~191J~2Slr..,~ ~I~~~ M ILJ
_. .------.--
170 SEQUOIA DRIVE
l\fARIETT A, GA 30060
TEL: 404-514-7176
AFRICAN MUSICAL AND DANCE PRODUCTION. FAX: 404-514-7026
IIMAYIBUYE i AFRICA~
(AFRICA MUST COME TOGETHER)
FOR IM1\1EDIATE RELEASE .,
First, it was world renowned south African musician Mirriam Makeba
and Hugh Maskela,then came the Tony Award winners John Rani and
Winston Ntsholla, followed by the South African broadway award
winning musical ItSarafina". Now to rock America with their unique
style called If Combo It the soweto street Beat dancers are a
collaboration of African contemporary, Neo African ,Modern African,
Afro fusion and Traditional dance.
Soweto Street Beat is the first black dance company from the
RepUblic of South Africa originally fr9m Sow~to. They are here to
present to America the 90 rnin African musical and dance production
titled "Mayibuye 1 African (Africa must come together): bringing
with them the plight and spirit of hope of all the black nations of
South Africa.
Under the direction of South African choreographer-Isabel1è Doll,
with her husband and company founder/artistic direétor, Peter
Ngcobo, the dancers give a thrilling, . uplifting evening of
entertainment that is truly unforgettable. Founded with a mission
of giving underp~ivileged youth a chance to get off the streets
through dance, Peter believes that an educational program such as
this oan help combat unernplO~lent problems and ease the tension
between back youths. The group bas toured extensively through the
Southeast since November 1992 and has plans to take their cultural
tour to other American cities during the next few years. The
troupe will be based in Atlanta through the 1996 Olympics.
The Soweto Street Beat Dance Company intends to give Americans a
glimpse of So\,¡th African culture through their performances. all
da.nces stem from the different tribes of south Africa. zulus,
Shangans, Vendas, Swazis and Xhosa.
'E'1. ,....~ 1_;:JC!!II~I.<1 t~.:J"~~.~~/'f!II.'.'W ^ .. -~-- - -~
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·
Sep-12-94 MON 02:52 PM P.03
BIOGRAPHY OF SOWETO STREET BEAT DANCE COMPANY
General
The Soweto Street Beat Dance Company from South Africa was launched
early in 1989 to present the town's youths wit;.h an incentive to
channel and direct their talent into a constructive care~-oriented
form of leisure· dancing. It also se~ed as a vehicle for success
for the husband and wife team, Peter Ngcobo and Isabelle Doll, to
carry their professional aspirations to establish a dance company
that pursued new approaches to both African con.temporary and
traditional forms of dance.
The ~alented DuO Who La~nched One Of South Africa's Mos~ Applauded
Dance S;omganie§.
Both Peter Ngcobo, the Company's Coordinator and Isabelle Doll,
their choreographer, possess the attributes, qualifications and
experience ~o meet demands presented to a company in the current
competitive dance arena.
He provides conceptual input which his wife transforms and
incorporates into motion and which finally finds expressioQ in the
troupe's acts.
She is a choreographer who had immaculåte formal dance training and
experience with several renowned choreographers in acclaimed shows.
She has been a student at the Royal Academy ot Dancing, a :member of
the Johannesburg Youth Ballet. Isabelle gained experience as a
professional dancer, Mby doing the works of international
chore?graphersn and obtained valuable exposure by performing in the
Sun C~ty extravaganza.
The Company's First Exploits
The Soweto Street Beat Dance Company received exposure and
recognition performing at promotional events and funç~ions. For
example, Miss South African Black Taxi Association, Miss National
Soccer League, the massive rwise Maize Meal Soccer Spectacular artd
the Bob Save Super Bowl Final at First National Bank Stadium in
South Africa.
"MAYIBUYE i AFRICA" (Africa must come together)
.
.>
ENVIRONMENTAL SERVICES DEPARTMENT
MEMORANDUM
To: David T. Harden
City Manager 4fI/Jø
From: William H. Greenwood
Director of Environmental Services
Date: September 6, 1994
Subject: Golf Course Clubhouse - Interior Design Presentation
Concept Design Approval
September 20, 1994, Workshop Meeting
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Staff request City Commission allow Jane Baxter, the interior
designer for the project, to make a brief presentation of the
preliminary design concept for the Golf Course Clubhouse Project,
at the scheduled workshop meeting of September 20, 1994. If the
Commission agrees with the concept, the designer will then proceed
with the specifications and bid package for bidding.
This presentation should take only about 20 minutes.
cc: José Aguila
93-18 (D)
\ESD\9318\agmem920
/)).5. /.
,
- r
Agenda Item No.
AGENDA REQUEST
Date: September 6, 1994
Request to be placed on:
Regular Agenda
Special Agenda
__X__ Workshop Agenda When: September 20, 1994
Description of item (who, what, where, how much): Staff request
City Commission allow Jane Baxter, the interior designer for the
Golf Course Clubhouse Project, make a brief presentation of the
preliminary design of the project. This presentation for concept
approval should take about 20 minutes.
ORDINANCE/RESOLUTION REQUIRED: NOT REQUIRED
Recommendation: Staff recommends City Commission provide Jane
Baxter with the opportunity to present her preliminary design, in
order that she may finalize the project design, and allow the City
to bid the interior package.
Department head signature: titJ# ~
Determination of Consistency wi th Comprehensive Plan:
Ci ty 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: ~ 1
Approved for agenda: l:.9/NO ~.
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
\esd\9318\agreq920
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I
G9/16/94 11: 07 FAX 407 278 4755 DEL CTI ATTI OFF I4J 002
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£IT' IF DELIA' IEA,EN
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CITY AnORNEY'S OFFICE 200 NW 1~t AVENUE· JJt::LRAY BEACH. FLORIDA 33444
FACSIMILE 407/278·4755 W~~~.r·B D~~.Ç' ~~n_
Dl:lK^ Y BE^CH (407) 243-7090
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u.ANricI CItr
" III! MEMORANDUM
Date: September 14, 1994
'1993
To: City Commission
From: David N. Tolces, Assistant City Attorney
Subject: Dolphin Bay Developers, Inc.
Request for Quit-Claim Deed
At this time, City statt is seeking direction from
Commission regarding the request from Dolphin Bay Developers
tor a Quit-Claim Deed for a portion of land locateå just
east of the Marina Del Rey property_ Representatives for
the developer have met with City staff in an attempt to
clarify the matter prior to presenting the issue to t.he
Commission. At this point, this is what we do know:
1) The City received two deeds, in 1952 and 1967,
which conveyed - a portion of the lanå adjacent to
the Intracoastal Waterway to the City.
2) The land conveyed to the City includes approxi-
mately ten feet of uplands and all of the
submergeå lands east of the Intracoastal Waterway
right-of-way adjacent to the Marina Del Rey Hotel.
3) The Ci ty has not reconveyed the land acquired in
1952 or 1957 to any party since acquisition.
It is my understanding that the developers cannot obtain
approval for their plans without first obtaining additional
land at the east edge of their property. Our office is
inve5tigating the City's ownership interest. There is also
the question of whether the City should convey all of the
upland5, or only a portion in order to maintain a connected
parcel containing both upland and submerged lands.
Representatives for Dolphin Bay have requested that the City
qUit-claim the upland to their client. A quit-claim deed
would not warrant title to the property conveyed. The issue
@ ",/nltJd on Recycled "ap~" 1»5. ;2 .
·
J)9/16/94 11: 08 FAX 407 278 4755 DEL CIY ATTY OFF [4J 003
City Commission
September 14, 1994
Page 2
for 'the Comm1ssion to decide is whether the City should sell
the property, or not sell the proper·Ly. If the commission
desires to sell the property, an appraiser would need to be
hired and negotiations would need to take place priOL' to a
sale. At this time, we are seeking Commission input and
d1rection regarding this matter.
Please call my office if you have any questions.
DNT: smk
cc: David T. Harden, City Manager
d.OlpIl11\.ð!l~
"i! ~ . ~I
Saundel'ðJ CUl'liðJ (jineðll'a & (jol'eJ P-A.
9/13/94 TO: City Clerk Attorneys
. ft: ~ity Manager Direct Lines From:
1750 East Sunrise Bou evar
Third Floor 5tP 1 ) \994 Miami: 940-7928
Fort Lauderdale, FL 33304-3097 Boca Raton: 368-5799
Telephone: (305) 525-0531 ¡V'IC010\\1 Fax: (305) 761-1952
'-"Tv r·r,~1i, L..)~I .j
.~ 1 \.'..'
September 6, 1994
DOL45 94199
VIA FACSIMILE TRANSMISSION AND US MAIL
The Honorable Thomas Lynch
Mayor, city of Delray Beach
lOa Northwest 1st Avenue
De1ray Beach, Florida 33444
Re: Marina Del Rey (Bays ide Hotel) Property Development
244 Venetian Drive, Delray Beach
Quit-Claim Deed From City to Encroachment Area
Agenda Item City Commission Meeting September 13, 1994
Dear Mayor Lynch:
Our office represents Dolphin Bay Developers, Inc., a Florida
corporation, which purchased the former Marina del Rey (Bays ide
Hotel) property last May from the FDIC. After closing, we
discovered that å portion of the physical property adjoining the
platted lots described in the FDIC deed encroached into a public
waterway titled in the City of Delray Beach.
.
Specifically, and as confirmed with Mr. David Tolces, Assistant
City Attorney, and the City Clerk's office, the City of Delray
Beach holds title to the bottom lands of the waterway by virtue of
two deeds (1) deed dated October 1, 1952, from Boardwalk Hotel,.
Inc. recorded in Deed Book 996, Page 421, and (2) warranty deed
dated August 3, 1967, recorded in Official Records Book 1622, Page
20l. Legible copies of these deeds obtained from the City Clerk's
office are enclosed for your reference and that of the City
commission. We also enclose copies of the plats of John B. Reid's
Village (Plat Book 21, Page 95) and Replat of Block L, M & N, John
B. Reid's Village (Plat Book 23, Page 127) on which we have
identified our client's adjoining lots.
Our client is requesting a quit-claim deed from the City of Delray
Beach conveying the encroachment area to Dolphin Bay Developers and
requests that this matter be placed on the agenda for the City
Commission meeting on September 13, 1994. I have reviewed our
request, and the circumstances surrounding the encroachment, with
Mr. Tolces who, in turn, requested that we forward this letter to
you in advance of the above meeting date.
ill" .j
Saunders,
The Honorable Thomas Lynch Curtis,
Mayor, City of Delray Beach Ginestra
September 6, 1994 & Gore
Page 2 Our client's review of the City's building records indicate that
the original hotel improvements, and presumably the seawall,
parallel deck and the filled-in land, were completed around 1952.
We believe that the physical property located within the
encroachment area has been since maintained continuously by
successive owners of the hotel property. Our client's development
of the former hotel property as a twelve-unit residential
condominium will utilize the filled-in land, seawall and wood deck.
The existing seawall which has deteriorated will be repaired as
part of the development. However, our client cannot proceed with
our development plans, construction of the residential condominium,
or the repair work to the existing seawall without incorporating
the encroachment area into the title to the hotel property. This
can be accomplished by a quit-claim deed from the City of Delray
Beach which, of course, would transfer the further responsibility
(and liability) of the encroachment area to our client.
Should either you or other members of the City Commission need
further information regarding this request prior to the September
13th meeting, please do not hesitate ~ contact me.
~urs very truly,
FATjbaf
cc: David N. Tolces, Assistant City Attorney (by mail only)
"
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. 4"" I"Ø II J N~ tp-v -'.J.-!l ':'.Af~'
THIS WARRANTY DEED Hade and executed theJ~ day of l'ii,1/;/
A.D. 1967 by FRANK DE RICE, individually, Jol:1ed by his wife, ~ 4531
ETHEL PRm!~ DE RICE, and NE'1'l RIVER COl.fPANY, n~c. a corporation
existing under the laws of the State of Florida, and having its
principal place of business at Delray Beach, Florida, hereinafter
called the grantor, to the CITY OF DELRAY BEACH, FLORIDA, a Florida
Municipal corporation existing under the laws of the State of
"-
~ Florida, with its permanent postoffice address at Delray Beach,
x
.3-
~ Florida, hereinafter called the grantee:
11\
~ WITNESSETH: That the grantor, for and 1n consideration of the
~ sum of Ten ($10.00) Dollars and other valuable considerations,
=-
Q
-= receipt whereof is hereby acknowledged, by these presents does
grant, bargain, sell, alien, remise, release, convey and confirm
unto the grantee, all that certain land situate in Palm Beach
County, Florida, viz:
All of that property bounded on the East by Lots 1 through
8 inclusive of Block K, JOHN B. REID'S VILLAGE, according
to the plat thereof recorded in Plat Book 23, page 139; ,<:'<;i;:IIII'I:'1
. . 10 .
bounded on the South by the nor.therl:{ right of way line 0. ~" " :
of Watson Street (now Casuarina Road), as same is shown : ;:::::::.;; C')
on the plat of the fractional East half of Section 16~ ~~I.I II!
Township 46 South, Range 43 East, according to the Plat ~~i '-:=-~""'.
thereof recorded in Plat Book I, page 25, Palm Beach ¡-;-.; .~...::'..
County, Florida, public records; bounded on the ¡'lest :-~ ·t't.._'
by the easterly right of '{lay line of the Intracoastal ~~;<S.
:to\ Waterway; and bounded on the North by the westerly L-:;j ?
~~ projection of the North line of aforesaid Lot I, Block ,o~~ ~ c-
~ K, JOHN B. REIDIS VILLAGE, to the point of intersection . f-:':; ¡¡¡ ::::
s::t ~~ with said easterly right of '(lay line of the Intracoastal . ,:,')2:;:'; ::'1;,; i:
Dï ~ ~ Waterway,
'" 0 ~ ~ LESS the North 150 feet thereof A.."JD LESS the follo\~ing U '; ~ G J
~ X~ described property: Conunencing at the Northeast corner 'W'~ ' 'I¿
~ ~., of said Lot X; thence run North 0°01155" West along said .. J' .'
~ ~~ Northerly extension of the West right-of-way line of
~ O~ Sea Sage Drive, a distance of 25.00 feet to a point of
~ curvature and the POINT OF BEGINNING; thence Northwesterly
~ along the arc of a curve to the left, having a radius of
C\ ~ 50.00 feet, a central angle of 90°, for an arc dista:1ce
~ ~ of 78.54 feet to a point of tangency; thence South
"' ~ 89°58'05" \'lest, a distance of 427.86 feet to a point on
:h ~ the East right-of-war. line of the Intracoastal Waterway;
~ ~ thence South 7°22105' West along said East r~ght-of-way
~ line, a di3tance of 9.48 feet; thence South 0°46107"
~ West, a distance of 40.60 feet; thence North 89°58'05"
~. /' East, a distance of 479.65 feet to the POINT OF BEGINNING.
,.~~ TOGETHER with all the tenements, hereditaments and appurten-
.P.- L1
'~ . ances thereto belonging or in anywise appertaining.
TO HAVE AND TO HOLD, the same in fee simple forever.
rll'~ .. ,.."F) _._ "'Cî4
,
AND the grantor hereby covenants with said grantee that it
is lawfully seized of said land in fee simple; that it has good
right and lawful authority to sell and convey said land; that it
hereby fully warrants the title to said land and will defend the
same against the lawful claims of all persons whomsoever; and
that said land is free of all encumbrances
.............. -SI"j
........t,.I.'~.-( "'-"':' :;;
..' J .... i' ....Ç?> \:..,
:~ .,' c. .... \ ,
- " (0 I~·.~ '"
f :. p·l ~).': ~ L IN WITNESS WHEREOF the grantor has
~ ;', -:I:;) : :S,I :; ,
\ \. . (coÍ'!!~~ Seal) caused these presents to be executed in
":., .'. ~........: its namel and its corporate seal to be
""'" ..,. :'.".',~', ~~:~ ~~..... affixedl by its proper officers there-
unto duly authorizedl the day and year
first above written.
~an(Z' ~ 'ç~- /1/(" -=- -
DéRicel ndiv{dually
~." 1 (2. ~ '
.~\.~YVn'1l; 'C~
Ethel Prinn DeRice j
NEW RIVER COMPANY I INC.
by: C;;& ,. {/(-{' /r\~ ~;>
DeR cel Pr s dent
Signed, Sealed and Delivered in
our Presence 12 r LR:~~ .£~/L-
'''1 4Æ2<--"'~
I" . -; ;h.,..:., I
,
fRV/Í"J1/~Y D¡: {Xu/:71¡;t. ClW ¡fj;?
STATE OF ~
COUNTY OF /I.:~/lEl/l(l/1
I HEREBY CERTIFY that on this day I before me, an officer duly
1 ¡;¿;P- . authorized in the;State and County aforesaid to take acknowledgments,
~~- personally appeared FRAlOC DE RICE and ETHEL PRTIm~ DE RICE, his wife
and FRANK DE RICE and ETHEL PRINN DE RICE President and Secretary
respectively of NEW RIVER COMPANY, INC. the corporation named as
grantor in the foregoing deedl and that they severally acknowledged
executing the same in the presence of two subscribing witnesses
freely and voluntarily under authority duly vested in them by said
corporation and that the seal affixed thereto is the true corporate
seal of said corporation.
WITNESS my hand and official seal in the County and state last
aforesaid this~....rC( day of ~{qt<'J r _, A. D. 1967.
,.."':- -- /¿Ó -?4'
>(.r: . ..~'. -'.,
....,.~ '- '\I ~ I f hI:£. /. t~, i,,~~- /
~(~!~,ß.J-~~ir ~~
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,~._:..-;..
Recorded In OFfk iðl Record Bock
Of Palm Beac:1 Cou¡ /, flo:id¡
John 8. Dl.nkle
Clerk of Circuit Cowt
CJ~ rl -i (::')t') '."" roO"
. . ~ . , - - .- . -- --
DEn ! Jf Jü 'A5f 4~a . .
.
~) ; r·,11 t.'U , úvuled nnd Dø11vorod i 1\ our Pl'GSenOo I ,
.
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C(J11':TY Ç}l' nAIH~':.
'J r(JI~è:nY c~rt'l'IFY, that on thi8T~~ day of' Ootober, A. I
I). ltJ5;¿ , btiffo:t'9 me personQlly Qþ)"lsared .TOHN B. ftBID and R. tot. -
.
f"·":r.'\"\,, r(!s1"~n t i vel~' l'x-esldant and Maie tant ~eot"etart of.
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(')'X"C'HH) I.nd bhn : f'o\,Qcn; nl1 oorwoynno" Qnd oÐverßlly acknowled(1ed tho
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(,}')C'(H':1If; ; on thorcof' to he th€'h' rr~e aot and deed 0.8 suoh nl't"..i,COl"II,
('('J I' 1.IHi u:," nnd purpotJoo thorQin mentioned; and that they affixE>Ù
t; hl:l1'$ t, 0 Lhe orrioi~l ~eQl of ~~id oorþnrntjo~, and the said
j, w:t L X'l.UUtf r~ ti is the Bot and deed or SQjd oorrQ~Qtion. ,
:'¡¡l.'i'lEßS m.V a1~t\aturQ el~H! orrioial oeUt 1 at Hi(uni t in the
CO\1t\ty of Dl.'\de, and state or Fl~~id$, tho dRY and yon~ l~Gt
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b~' r~:Jr\ll)!.i"I'\ of' tho City C;o\,Jnol1. Oity n: j):)!t't\,y Ué~ah.
:;'\ i t:.~iJ.n'/ ()(' CJotðbør, A. n. 1':»2.
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TiílG n:D:~i,:'rUil~, liodo this lst day of October, A. D. lY5l,
::o~,,;non l'.lK'¡\\)':!,'\1.J\ HC'1'!';L. JI.G., ð. corrl)ration exist)rl(~ under tho
1:1"':3 of tho Jtote of :rlorlda., port)' of the first part, Anå the
(~l'!,¥ iF D;~J{J\Y 1\:~rJ\CII, ltIlJlUDA, a munioipali ty orßllnized noå
'3Xi9tinr. nndfJr t.he 1~w8 of the state ot jt'lor1de, pnrty of the
,
.lCcol1d p~l't,
:'/l'l'f':~;;·;¡i:.i1!.·ru, that the 801d part)' of the first pArt, for and
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j n oonsiderBt tori of tho SUIII of 'ron t":lO.OO) Dollars to it in hand
Mid, ~;h.o roooipt whereof 18 hereby uoknnwled~~Ðd has ~rf\tlted,
b:u' ~ui!lc¡J, sold I\nd transforred, and by these pr08ont, does /)rQllt,
lJií ·...uín. soll and .transfer unto tho oaid part)' of the socond
"';u't and Us suooeaRore and Q8011:,1\8 forever, a.1l thn.t certain
p'\rcel of land lyin~ orad bein6 in 'ihe Coun~)' 01' Palm Beoch, 'and
G~Q~G or J"lorido, more'portiou11\rly described ee follows;
. A ~rc.l ot land in Vroct1onal Section
1 10wn8hi~ 4~ ~outh, Hanse 4) HOlt.
Defray B800 , Florida! ~ore partiou-
10.1'11 deeoribed ae fol ow,: .
Beßlnn1nß at thB southwo8t oor~er of
Lot S, Uloo!: ] .(e~lot of ';loQKs L,
o. · M s,.d ", John I;, Heid', VHlat:. . ac-
.' . ..~, .. Ti: o~rain~ to tho plot thørenf o~ ,tIe in ,
OCT 2 '2 \952 Lhe .c·fUot ot tho Cl.rJt of tht ~i rC:1 j t
)~t" Court in and fnr Po.b! i!eonh Cnl.;:t.., .,'10-
. 'J~ rids, reoorded in Plat 1À:\1'): 2.3. :';1"~ }J".
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' .' thenoe eu'terb. alon~ ~i',,; '01::,;' 11 ~,. "f .
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.. . '~.',.... . .Bid Lot 8, Qlon'~ the :10\11;;'" or.1l or ;.,:,-
_ . '= t. '. ~. . Farlane Driv~, ~nd alon~ toe south linn of
. , !II'-
.. "".......... a ~rt or l.o~ 'j or aat Bloo), L, to on
Qn~le þoint in the boundaf7 or laid Lot
Sf thenoe ooutherlYt alon~ the we,terly
111\0 of Lot S ot 511 d Blook L, 6nd ·don~ _.~-
i,¡\C'\ wO:Jterly linft ot J,.o~. 1 and ~ of
;qnck ", ot aaid J'ohn n. Reid'. Vhla(~..
Q distance of 200 reet to ft point in the
","mLnrty line or r.aid Lot 2; thenoo
~.,..~!:torly on Q lino pnrftUol to the .j~lIt:;
: j lie 0;' ani\l T/)t n, r;look l" tl clisto:'loCf
0" ~2Ii.25 teat, :r()ro, or loss, to G
Mint in the OI\G!;~rly ri:~ht n1' wu ~, li;~c
nl' tin If1t1'300"1:;~;t11 ·.,·'!;Ol"W:t~·: thoi,ce '
,I(n'thcl'ly, Qlon~ c:1id o:\nterl~' r;~~lt of
\.¡:~~. li :10, a d1o';ilnce N' 201.1 foet, morn
\)1' l~IIH. to Q poi!\t¡ in !.ho wøetorly ex-
!;rw:n I)~ 01' the :In\:ti1 11118 or SAid Lot 8,
~.,,.,/'\.. d t.tllmnc ...~~tl'!,.l',. "'nn~ lud,1
.
. .", OUIJ .J ,JV ,IIa.."..-
wnstorly extonø1un, IS distano. Or 1I.ltl~ .
foot, rn~ro or leBI, to the point of be~in-
ninl~.
'i'OG:~I'If:m with all the, t(Jne:nents, høreditomønt:J, Qnd oppmt.
~Om'\110ClS, with ('V or:! pl'1vi1e~CJ, rijtt, titlCJ, int~root and o:Jta~e,
do\~()r, and ri~ht ()f dowor, reversion, remaindor find Cllscl.'Qnt
thereto belon~ir.,~ or in anywise QPpertainin j: _
'1'0 JlAV:-: NJD 'lU JICLD the sam. in foe sblplo fo~evort
'J'his conve:"IHIOO is ):lode 8ubj eot to the rouo\-,) ne covona:) ~ s,
,'ont1'iotions one) conditions whioh shall be oonstruod 0' covonants
.
1;0 rl111 ~/i th tho land, ft"d \"hieh ore intended to b. and shull be
tn~~n Oß condit~onl of this oonveyanoo and on. of the eXrreDI
considar~tion3 h~rent, viz:
(l)l'hnl. LhB said J'lropartY'.ahall be held by·'the City
, .
or ))eh'a:! 3caoh for ~h. pSl'pøtlJal use, en.ioyrnont and cOt'lvßnhncCJ
. ~
....{' tho !"Iblic ßS a w(lterwo.y and )'o.oht badn.
(2) 'l'ha~ without the apflrovd and cl)n,ont or tho dlll~.' :)I)~-
. ~H\lted authorities of tho City of Delr(lY Beaah, Florida, no !11ir
"Mrf, phr', dook or other structure shall be perlllitted, crelHÐU
r oonstruoted by the owner, of' the lands adjl1cant and conti::lio:iO
t
it) the at.oresaid property whi.oh f\ro.:eot. or extAflds into, on or f)V()
¡he hereinabove ,iecoribed !,l'opÐrt~' 1'01' Ii distanoo or :nore tl1(1n'1' i l'~:
50) feet, or whioh projeots more than h/elvø (12) f'eet above t~,e
l()rlf\Ql level of the water ooverinr: the SQi~ property.
U! :'/I'l'N ~:s:) :''In-.mPX)F, the said rarty or tÞe f1 rat port has
~used thnle ~res.nts to b. .iened in it. naMe by ita President,
n(l it. cn1"1'Oratn seal to be aff'ixed, .tteated b:f ita ~Ô)0UP~\:~.~ '.
. . ........
'3arnt(lr~'. tho d~lY and 10ßr above wri~tèn. ¡~~':\" ::; "" .....
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MEMORANDUM
To: David T. Harden, City Manager
From: Joseph M. saf~nance Dire~tor
Date: September 19, 19 4
Subject: Meter Reading Services
Comparison of In-House to Private Enterprise
Florida Power & Light has created a new subsidiary corporation
whose primary function is to provide meter reading services.
They now not only read electric meters but also water meters.
The corporate marketing philosophy is that they should be able
to read water meters at the same time their meter readers are in
the yard reading electric meters and thus they should be able to
provide a more efficient service and provide this service at a
lower net cost than any municipality.
At the request of the Finance Department, we invited this new
corporation, MBR Services, Inc., to present a formal proposal to
the City and the City conversely would bid against this private
enterprise proposal.
In order to evaluate meter reading services, one first has to
determine and define the actual level of effort currently
performed by our meter readers. This information is presented
monthly in the "Utility Billing Monthly Report" (see attached) .
The City of Delray Beach's current level of effort (monthly
average) is presented as follows:
MONTHLY LEVEL OF SERVICE STANDARDS
· Read 16,900 water meters
· New Customer turn-ons (205)
· Customer cancellation turn-offs (212)
· Turn-offs for delinquent accounts (225)
· Turn-ons for delinquent accounts (225)
· Rechecks (58 )
· Rereads (17)
· Workorders for meter service (60 )
Secondly, one has to consider the current revenue generating
capability of our meter readers. The meter readers generate
revenues through service charges for turn-ons, turn-offs, and
after hour service callouts. This group is budgeted with
$125,000 in Water Service Charges which is primarily charges for
these turn-offs and turn-ons. Actual revenues generated by the
meter readers is presently exceeding the annual çost of meter
reading.
,
.
.
Page 2
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MBR SERVICES, INC. PROPOSAL
MBR Services, Inc. presented a proposal to the city for meter
reading services as follows:
$ .50 per meter per month meter reading charge
$ .50 per scheduled site visit (turn- off, turn-ons)
$5.00 per unscheduled site visit (turn-off, turn-ons)
These rates would be fixed for five (5) years
A costing of this proposal, using the aforementioned actual
monthly level of service standards, assuming that all turn-offs
and turn-ons were "unscheduled site visits" (50% performed by
Field Inspector, not meter readers), would be shown as follows:
$101,400 Meter Reading
$.50 x 16,900 meters x 12 months
6,150 New Customer Turn-Ons
$5.00 x 205 x .50 x 12 months
6,360 Customer Cancellation Turn-Offs
$5.00 x 212 x .50 x 12 months
6,750 Delinquent Account Turn-Offs
$5.00 x 225 x .50 x 12 months
6,750 Delinquent Account Turn-Ons
$5.00 x 225 x .50 x 12 months
1,740 Meter Rechecks
$5.00 x 58 x .50 x 12 months
510 Meter Rereads
$5.00 x 17 x .50 x 12 months
$129,660 TOTAL ANNUAL METER READING COST
$ 10,805 TOTAL MONTHLY METER READING COST
16,900 NUMBER OF METERS
$ .64 COST PER METER PER MONTH
NOTE: THIS RATE WOULD BE FIXED FOR FIVE (5) YEARS
----------------------------------------------------------------
CITY OF DELRAY BEACH
IN-HOUSE COSTS
$134,430 TOTAL ANNUAL METER READING COST
$ 11,203 TOTAL MONTHLY METER READING COST
16,900 NUMBER OF METERS
$ .66 COST PER METER PER MONTH
NOTE: THIS RATE WOULD INCREASE 3% PER YEAR FOR FIVE (5) YEARS
.
----------------------------------------------------------------
,
Page 3
The two meter reading systems (hardware and software) are
compatible so that our hand-held ITRON computer units are
currently used by MBR and they would actually use our units.
Another important aspect of comparing private enterprise costs
to our own in-house costs is the comparison of employee salary
and fringe benefit costs. This comparison lis presented in an
attached schedule. The benefit packages are similar (MBR equals
or exceeds City benefits) except that the MBR entity requires
that employees utilize their own vehicles. In all fairness, part
or all of this disparity is made up by the fact that the company
insures the employee vehicle except for $20.00 per month for
their personal injury protection and reimburses $.29 per mile
for usage.
OTHER INFORMATION
· MBR only has one (1) water meter reading customer at this
time and that customer was contracted within the past few
weeks; therefore, this is an untested, unproven service.
Reading a water meter is entirely different than reading an
electric meter.
· MBR does not provide services after hours; whereas, the city
provides after-hours standby services for turn-ons, leak
detection, and related services.
· Our meter readers are experienced in water meter locations,
meter conditions, and problem areas.
· Meter reading is an important daily customer service where
the reader comes into contact with many residents and has
established a rapport with these citizens. This is helpful
in that they can contact repeat delinquent customers and
inform them to pay their accounts prior to a turn-off and
thus avoid the subsequent turn-on charges and keep our
delinquent receivables at reasonable levels.
· Meter reading in the City also involves leak detection
services, maintenance work orders, turn-offs and turn-ons,
and other related services not inherently done by MBR. The
Field Inspector spends 50% of his time assisting in this
effort.
· Meter reading is a critical part of our customer billing and
cash flow process that must be kept current (within a few
days at the most). This process is automated and integrated
into our billing and collection software programs. MBR also
has the ITRON hardware compatible to our system.
· Meter reading is basically a self-sufficient entity in that
the fees collected for turn-ons offsets their annual cost.
The city currently charges fees for the following:
Turn-On $15.00
Delinquent Turn-On $20.00
After Hour Service $40.00
Reread $15.00 (requested by c~stomer)
Meter Damage Actual Cost + 10%
,
.
Page 4
. MBR already has a meter reader in the yard of the customer;
therefore, the electric service is already paying this cost
and the City should only have to pay for the incremental cost
difference for the additional meter readers needed because
the routes would need to be shortened in order for one meter
reader to read two (2 ) meters.
CONCLUSION
The total difference in cost between MBR Services, Inc. and the
present city of Delray Beach cost for complete meter reading
services is only $.02 per meter per month. We feel that this
difference is not sufficient savings to warrant the disruption
of changing over to private enterprise at this time even though
MBR would guarantee their rates for five (5) years and the City
costs could be expected to incr,ease by 3% per year.
We feel that MBR should be able to provide more substantial cost
savings since they already have meter reading services in the
City and the City should only have to pay for the incremental
meter reading cost. MBR costs should be substantially lower
than the City cost since their current readers are funded by the
electric utility. We therefore conclude that we are being
charged a rate that is largely for administrative overhead
charges and the City is being charged with this rate because of
their present low level of customers. Once MBR builds their
customer base, this rate should be reduced substantially and the
City probably could not compete financially at that time without
reducing their level of meter readers.
We feel that eventually this service would either technically
improve to the point in the near future that fewer meter readers
would be needed or our meter readers would eventually be
privatized due to the inherent efficiency of one meter reader
reading two meters in the same yard.
The City Commission should of course evaluate both alternatives
and determine the ultimate direction to be taken by the City at
this time. Please be assured that we. will accept either
alternative and provide for an efficient operation regardless
of the final decision.
cc: Larry Miller, UTB Manager
.
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Agenda I tem No. :
AGENDA REQUEST
Date: 09-15-94
Request to be placed on:
Regular Agenda Special Agenda X Workshop Agenda
When: 09-20-94
Description of agenda item (who, what, where, how much):
Presentation by MBR Services to provide water meter reading services. Materials
to be handed out at meeting.
ORDINANCE/ RESOLUTION REQUIRED: YES~ Draft Attached: YES~
Recommendation: .
Department Head Signature: . ..........--
Determination of Consistency
N/A
City Attorney Review/ Recommendation (if applicable) :
N/A
Budget Director Review (required on all items involving expenditure
of funds):
Funding available: YES/ NO
Funding alt~rnatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for agenda: YES/ NO
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
I
MBR SERVICES, INC.
an FPL Group Company
September 14, 1994
Mr. Joseph M. Safford
Director of Finance
City of Delray Beach
100 N. W. 1 st Avenue
Delray Beach, FL 33444
Dear Joe:
As discussed, I am pleased to confirm the following items concerning our proposal to read the City
of Delray Beach's water meters.
1 ) FPL Group agrees to hire the two City meter readers that were interviewed on
9/9/94 subject to both individuals successfully passing FPL's required
clerical/meter reader aptitude test and FPL's medical, drug and background
checks.
2) MBR is able to enter into a five year contract with the City at the rates and
conditions described in our proposal.
3) The benefit analysis contained in our proposal is based on a three year
contract period. These benefits would further increase should the City enter
into a five year contract with MBR.
I look forward to attending the City Commission Workshop meeting on September 20th. Please call
me if you have any questions before then.
Sincerely yours,
A~&-
Manager, Sales & Marketing
ADD/df
enclosure .
8401 N.W_ 53 Terrace, Suite 208, Miami, FL 33166
305-592-9922 . Fax: 305-592-3991 W5.3.
.
MBR SERVICES, INC.
an FPL Group Company
September 13, 1994
Mr. Joseph M. Safford
Director of Finance
City of Delray Beach
100 N. W. 1st Avenue
Delray Beach, FL 33444
Dear Joe:
MBR Services is delighted to submit a proposal to the City of Delray Beach to provide meter reading
services. This proposal provides the City of Delray Beach with an outstanding opportunity to reduce
its meter reading costs and produce substantial savings to the City.
MBR's proposal has the potential to save the City approximately $43,061 per annum, or $129,183
over the proposed three year contract period. This saving represents an annual cost reduction of
over 31 % <?f current City costs.
Enclosed is a copy of our proposal together with a copy of the meter reading cost analysis prepared
by MBR and the City.
Our proposal is valid until November 30, 1994 and we look forward to discussing this offer with you
and your staff in the near future.
In the meantime, if you have any questions, please feel free to call me at 305-592-9922.
Sincerely yours,
~&-
Andrew Dyer
Manager, Sales & Marketing
ADD/df
enclosure
8401 N.W. 53 Terrace, Suite 208, Miami, FL 33166
305-592-9922 . Fax: 305-592-3991
.
Proposal
to the
City of Dekay Beach
for Meter Reading Services
MBR Services, Inc.
8401 N. W. 53 Tenace
Sullie 208
~ Miami, FL 33168
Sel*rnber 12, 1994
,
1. Introduction
MBR Services, Inc. (MBR) is pleased to submit this proposal to provide meter
reading services to the City of Delray Beach (the City). This proposal is a
result of discussions held between the City and MBR during September of 1994
and responds to the request of the City's Finance Director.
Included in this proposal is MBR's approach to provide meter reading services
to the City, describing service levels, pricing and other requirements for MBR
to successfully serve the City.
MBR looks forward to the opportunity of working with the City and establishing
a long term relationship that will continue to deliver value and benefits to the
City and its citizens.
2. MaR Services. Inc.
MBR Services, Inc. (MBR) is an FPL Group company that provides meter
reading, billing and remittance processing services. MBR provides these
services to organizations in the utility industry that desire to reduce their costs
and/or improve their responsiveness and cycle times. Our services can provide I
substantial savings to other utilities as they take advantage of both FPL's state
of the art approach to operating these processes as well as utilizing FPL's
existing facilities and field resources.
3. Our Understanding of the CltYs Needs
MBR understands that the City is always examining new approaches to reduce
some of its ongoing operating costs. One such cost area is the operating
expense to read and maintain the customer water meters.
Meter reading services in Delray Beach are performed by four employees
within the City's Finance department, backed up by a Customer Service Liaison
officer. Each month these resources read approximately 16,900 water meters
in the City and perform approximately 940 service orders. Service orders
comprise. new-turn ons (205/month), account cancellations (2121month),
disconneitltlOns for non-payment (225/month), turn-ons after payment
(225/monéh), re-checks after disconnection (581month) and re-reads (17/month).
The City provides vehicles, uniforms and equipment to support these activities.
A cost analysis was performed by the City and MBR in September, 1994 which
is detailed in Appendix A. The cost analysis determined that the avoided cost
to read a water meter was $0.55 per meter, per month and the avoided cost
to complete a service order was $5.02. This analysis assumed that the current
2
,
level of re-reads was abnormal, and would be reduced under a contract with
MBR. It also assumed that the City's Customer Service Liaison Officer would
perform half of the service orders each month.
Based on a 3% annual inflation rate, the projected avoided costs for the City
are $0.58 per meter per month, and $5.33 per service order. These projections
are based on the average cost over a three year contract period, in 1994
dollars.
To meet the needs of the City, the City would require that an external meter
reading service read the City's meters using City supplied hand held meter
reading devices. The recorded information would then be returned to the City
and transferred to its customer billing system.
In addition to recording the meter reading value and entering it into the City's
device, the meter readers may perform other services as specified, including
service orders, re-reads of customer meters, reporting repairs required to
meters, reporting instances of illegal consumption, and calling specified
customers to arrange access to their meter.
Finally, the external meter reading service provider is to act as a total service
supplier to the City. It is to provide all resources required to perform the meter
reading service. It is to provide ongoing reports on activities and issues. It is
to maintain comprehensive records of meter reading activity. Finally, it is to
take a systems integrator approach to the City and provide a single point of
contact interface for the successful management of the contract and resolution
of issues if and when they arise.
4. MaRis Approach to Reading the City's Watør Metørs
MBR's meter reading solution for the City is an innovative use of existing
resources that currently read meters in the Delray Beach area. MBR proposes
to use the existing FPL electric meter readers to also read the City's water
meters. While additional resources might be required to accommodate the
additional work load of the City's meters, these incremental resources will be
minimal compared with having a dedicated meter reading organization. As a
result, MBR can offer the City a significant reduction in its current meter reading
costs, while also providing the outstanding levels of quality that is inherent in
FPL's meter reading operations. MBR's pricing for this approach is described
in the following section.
FPL's meter readers are a highly motivated, professional and trained work
force. Each meter reader spends a minimum of 21 days training in the
presence of an experienced meter reader prior to reading a route. FPL's meter
3
,
readers average less than one error per 4,000 meters read while being highly
productive and efficient. Our meter reader's performance is measured on a
daily basis, both on an individual and team level, using a variety of key
indicators. This performance rating is used for meter reader review and
promotion criteria, as well as bonus payments. Finally, FPL meter readers are
customer focussed, are well presented and wear easily identifiable uniforms to
ensure acceptance by customers while carrying out their duties.
MBR will continually work with the City on route extensions and changes due
to customer activity. As new customers are likely to require FPL service as
well as water service from the City, there will be tremendous synergy between
MBR and the City as it plans for new customer connections. MBR will also be
better equipped to detect for meter tampering during the course of its-activities,
as it will be checking both the electric and water meter for any unusual
circumstances.
In addition to reading the City's water meters on a timely and efficient basis,
MBR will provide on-going reports on its activities to the City. These reports
will be based on FPL's state of the art approach to managing the meter reading
process and can be tailored to suit the information requirements of the City.
Finally, to ensure that the highest levels of customer service and satisfaction
to the City, MBR will assign an Operations Manager to coordinate MBR's
services to the City. The Operations Manager will be the primary interface
between MBR and the City and will be accountable to MBR for meeting our
obligations and providing ongoing contact and support to the City.
5. Pricing
MBR proposes to read the City's water meters (as described above) at a fee
of $0.50 per meter, per month. This fee is based on MBR entering into a three
year contract with the City (with provision for a two year extension) and that
MBR is engaged to read all of the City's water meters (approximately 16,900).
The fee also assumes that the City will make available at least five hand-held
meter reading devices.
In additlen to the basic fee of $0.50 per meter, per month, MBR will charge
$5.00 fOf' at! other un-scheduled site visits to the meter requested by the City,
that is service orders as defined above. MBR will not charge for re-reads as
a result of an MBR reading error. The City is under no obligation to use MBR
for re-reads and other site services, and may choose to resource these
activities internally. However, MBR will only provide service order services if
it is engaged to read the City's meters.
4
,
If the City modifies its polices so that turn-off service orders are performed
during the meter reading route (Le. when the meter reader arrives at the
customer site to read the meter, he or she is instructed to turn the meter off at
that time), the fee to turn off a meter will be $0.50 per meter. This policy
change would save the City some $4.50 off MBR's fee to perform a service
order, and some $4.83 off its projected avoided costs.
The City will be invoiced by the 10th day of each month for the preceding
month. The City shall pay all invoices upon receipts of a proper invoice in
accordance with the Florida Prompt Payment Act, provided that the services
have been delivered, reëeived and accepted to the sole reasonable satisfaction
of the City and that MBR is not in default of any contract/agreement terms or
conditions.
These prices include all labor, materials, supplies, equipment, vehicles,
insurance, retirement benefits except noted below in the City's responsibilities.
6. Benefits
MBR's proposal offers many benefits to the City. Based on MBR's meter
reading price and the City's current costs, this proposal could save the City
significant savings over current City costs. The City will also save additional
funds by no longer being exposed to any increase in internal costs over the
next three years. It will also increase its cash flow by avoiding up front costs
to read meters (salary related expenses and other expenses) through paying
MBR in arrears for services provided.
Specifically, the financial benefits of having MBR read the City's meters are as
follows:
· A reduction in the City's meter reading cost of $16,224 per annum, or
$48,672 over the three year contract period, based on the difference
between the City's projected avoided cost and MBR's fixed price to read
the meters.
· A reduction in the City's service order cost of $1 ,822 per annum, or
$5,468 over the three year contract period, based on the difference
between the City's projected avoided cost and MBR's fixed price to
perform the service orders.
· Increased interest income of $1 ,417 per annum (based on an interest rate
of 5.0% and an average float period of 75 days between when the City
currently pays for meter reading services costs and when it would now
pay MBR) or $4,251 over the three year contract period.
S
,
· A further potential saving of $23,598 per annum if the City modifies its
turn-off/disconnection policies so that MBR can turn off customer during
the normal meter reading route. This saving is based on the difference
between the fee of $5.00 per service order if performed on request versus
a fee of $0.50 if performed during the meter read route.
· Total potential savings to the City of $43,061 per annum or $129,183 over
the three year contract period. This represents a savings of over 31 % of
the City's current meter reading cost.
In addition to these financial savings, MBR provides the following benefits as
a service supplier to the City:
· MBR is owned and financed by FPL Group, and is able to fulfill its
contractual commitments to the City.
· MBR's meter readers already serve the Delray Beach area, allowing it to
provide low cost rates to the City.
· Because it already serves the Delray Beach area, MBR's meter readers
and management are intimately familiar with the territory and the
environment, ensuring the smoothest possible transition from the City to
MBR.
· MBR utilizes FPL management expertise to provide an efficient, high
quality meter reading service. All meter readers are professionally trained
and are motivated and incented to meet or exceed the meter reading
needs of the City.
· By using MBR, the City does not have to spend time and money finding
and training new meter readers when vacancies occur.
· Because MBR will read both FPL and Delray Beach meters, MBR will be
able to easily accommodate changes in routes due to new customer
connections. It will also have an increased chance of spotting incidents
of meter tampering as its meter readers inspect both the electric and
water meters concurrently.
· MBR will continue to foster improvements in its approach to meter reading
so to improve its quality and reduce costs to MBR and the City over time.
· MBR is committ,ed to maintaining a long term relationship with the City of
Delray Beach.
6
,
7. Implementation
Upon execution of a contract between MBR and the City, MBR would
commence reading the City's meters within 45 days of signing of the contract.
During this time, MBR would familiarize itself with the City's routes and
operating procedures, train its meter reading staff in the use of the City's hand
held equipment.
If requested, MBR would interview any Delray Beach meter reader desiring to
work for FPL. If additional manpower is required by MBR to complete the
additional workload, thën these meter readers may be selected to fill these
positions.
Specific responsibilities of MBR and the City for the implementation and
execution of this service include:
MBR Responsibilities
- Furnish all necessary labor, materials, tools, equipment, permits licenses,
fees, taxes and services required to perform meter reading service (with
the exception of the hand held meter reading devices).
- Read all of the City's meters on a monthly basis as agreed between the
City and MBR, and enter the appropriate codes into the City's hand held
meter reading devices.
- Notify the City of repairs required to meters.
- Notify the City of instances of illegal consumption of meter tampering.
- Re-read meters as requested by the City (see Pricing for terms of
payment).
- Call specified customers prior to the meter being read to arrange access
(e.g. for locked gate or dog situations).
- MailittaJn records of meter reading activity by meter reader.
- Provide reports as agreed on meter reading activity and quality levels.
- Provide a single point of liaison (the Operations Manager) for ongoing
management of the services to the City and contract administration.
- Upload and download the hand held meter reading devices.
7
,
-.
-~<
- Other responsibilities as agreed to in the final contract between the City
and MBR.
City Responsibilities.
- Provide and maintain the hand held meter reading devices and associated
equipment required by MBR to read the City's water meters.
- Notify MBR of required service orders to be performed in a timely manner.
- Notify MBR prior tö assessing any penalties or deductions from payment.
- Provide reports detailing read accuracy.
- Maintain information supplied to meter readers to alert them of special
field conditions in areas where they will be reading meters.
- Provide information regarding the location of the meters.
- Provide a single point of liaison for contract administration and operational
reviews.
- Other responsibilities as agreed to in the final contract between the City
and MBR.
8. Summary
MBR is excited about the opportunity to provide meter reading services to the
City of Delray Beach and establishing a long term relationship. The City will
enjoy the full support of MBR and its parent, FPL Group, as a customer of
MBR and stands to reap significant financial and service benefits from this
relationship.
MBR looks forward to discussing and presenting this proposal to the City
management in the near future and to commencing work with the City as soon
as practical.
8
,
r'
Appendix A
Meter Reading Cost Survey
,
MBR Services, Inc.
Meter Readng Cost Survey - City of Delray Beach, FL
Number of meters read/month: 16.900
Number of tum ons/shut offs/re-reads etc: 460
ICassumes that half of service orders will be done by CSLO)
Number of FTE meter readers: 3
Number of FTE meter reader supervisors: 1
Annual overaae salarv for meter readers: $20.820
Annual overage salary for meter readlna su $23.780
Total salaries for meter employees/suoervlslon: $86.240
Annuol overtime salaries: $3.500
Uplift for benefits (not Includlna vacation': 0.27
Total salaries and benefits: $113.970
I
Annual trainlna cost for emplo, ees/superv!slon: $0
I
Annual vehicle rental: $6.220
(based on 4 vehicles)
I
Annual vehicle maintenance cost: $8.560
T
Annualllabllltv Insurance cost (@ $1<:0) P4 r Ut7IiJUt I}: $4,OCO
I
Annual vehicle fuel & lube cost: $4,280
I
Annual uniform costs: $970
I
Annual safe1y shoes cost: $240
I
Annual ooaer costs: $120
I
AnnlJCll.other apparel costs: $150
I
, I
Total Annual COlIs: $138,509.80
I
Annual Meter Readlna Cost ( x 0.8): $110,807.84
r
Un" Meter - Colt: $0.55
I
Annual Tum-on/Shut off etc cost ( x 0.2): $27,701.96
I
Un" TO/SO etc. Colt: $5.02
,
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT: AGENDA ITEM # úJS.~. - MEETING OF SEPTEMBER 20. 1994
EMERGENCY MEDICAL SERVICES TRANSPORTATION/BETHESDA
AMBULANCE SERVICE
DATE: SEPTEMBER 16, 1994
A presentation by Bethesda Ambulance Service regarding Emergency
Medical Services transportation is scheduled for the September 20,
1994 workshop.
-
,
·
SPECIAL/WORKSHOP MEETING - SEPTEMBER 20, 1994
Workshop Meeting - Item No. 4
Presentation bv Bethesda Ambulance for Emerqencv Medical Services
Transoortation.
Mr. Robert Hill: Mr. Vice-Mayor, Commissioners, my name is
Robert Hill, President of Bethesda Memorial Hospital and I am
here on behalf of Bethesda Memorial Hospital and Bethesda
Ambulance Service to make an alternative presentation to you
tonight.
I have been with Bethesda Memorial Hospital for twenty-three
years and I have been the President for the last seven years. I
am sure most of you know the hospital has been in business since
1959. It has been around a long time. In fact, we are proud to
say that we have four very distinguished Delrayites on our Board
of Directors who have been there for years - Mr. Fred Devitt, Dr.
Fred Love, Mr. Bill Koch and Dr. Clayton Coleman - they have all
been on the Board for many years and helped guide Bethesda
Memorial Hospital and all its related activities.
AA Ambulance, as you see from the slide, was started in the
1960's, was a private ambulance company owned by a private
individual and then he decided to retire in 1985. At that time,
Bethesda saw an opportunity to improve the ambulance service
needs for the Delray-Boynton Beach area; and, therefore, we
worked with Mr. Tom Croft and purchased that ambulance company.
Since 1985, Bethesda Ambulance Service has been an affiliate
company of Bethesda Memorial and is a not-for-profit organization
as is the hospital. All the revenues that are generated by that
organization are simply all not-for-profits cranked back in to
improve the service that we deliver to the community in the
Delray-Boynton Beach area.
In 1986 the organization was state-licensed as an advanced
life support provider and currently we have 19 advanced life
support units. Bethesda Ambulance particularly is involved in
numerous worthwhile community programs. One of these programs
that our paramedics especially find rewarding is this program you
see as our Headstart Swim program in which we work with four-year
olds about water safety skills. This program is taught by our
Bethesda paramedics across the county and nearly 150 children
from this area will experience the program in our local Aqua
Crest pool.
Another program we are very proud of is the Carpe Diem,
Latin for Seize the Day. You might have seen this article in the
local newspaper. This nationally-recognized program is
specifically designed to educate our paramedics and EMS personnel
about the special needs of our Senior citizens. Every Bethesda
ambulance service employee will go through this program over the
next several weeks.
,
·
We are also very proud to announce the fact that Bethesda
Ambulance has been identified by the State of Florida as one of
three pilot sites for EMS services, the primary care services.
These services will initially focus on immunizations, flu shots
and health screenings and then expand to include the other
services that you see up there - pre-natal wellness, well baby
checks, etc. We have been working on this program for almost a
year now, and our paramedics are scheduled to begin field work
this coming October.
What is Bethesda here to recommend? We are here to say that
we can improve the system's performance of the EMS delivery here
in Delray Beach. We will be able to utilize the resources more
efficiently and, as opposed to the last presentation that you
just had, there will be no doubt that there will be a significant
cost savings to the City if they accept the Bethesda proposal.
We want to make sure that you are aware of the basic definitions;
the basic life support is one definition, the treatment of stable
patients with non-life threatening conditions. The other term
you hear a lot about is advanced life support where you can do
critical care intervention. This requires paramedic level
skills, as you can read there on the slide.
What Bethesda Ambulance System now has are some existing
systems that will bring an improvement to Delray Beach if you
accept our proposal. We have an all ALS fleet, all our vehicles
are equipped with 12-lead EKG heart monitors and we are presently
installing an automated vehicle locator system to improve
response times for our vehicles. The automatic vehicle locator,
which is just a picture shown here of our dispatcher. Bethesda
has a highly sophisticated computer-aided dispatch center and
will be the first Florida EMS provider to integrate global
positioning satellite receivers with this CAD system. This
system will graphically show the exact location of the vehicle,
the status, whether it has its lights on, sirens, which direction
it is going and the direction and speed of that vehicle. This
technology is designed specifically to improve response times and
insure that vehicles closest to the call respond. And that is
what you need to concentrate on. We are here to say we can
improve response times. That is the important issue, not who
transports the person to the hospital.
Here you see an example of our 12-lead EKG. Bethesda is
also the leader in patient care technology, including 12-lead EKG
heart monitors. If a paramedic sees an indication of an actual
heart attack on a 12-lead strip, this can be sent directly to the
hospital and the ER position and the people in the hospital can
see exactly what that paramedic is looking at and make a more
accurate diagnosis of the heart attack condition and this is, of
course, the unit we have to receive that 12-lead EKG at the
Bethesda Memorial Hospital.
So what is Bethesda's recommendations? We are here to
recommend to you a single medical director for the EMS system in
-2-
,
·
Delray Beach, streamline call notification, improve response time
for the system and certainly a significant cut in the cost to the
City of providing EMS services. Now, we will be addressing each
one of these recommendations in detail, but at this time, I would
like to introduce Dr. John Halpern, who is a Board-certified
emergency room physician who handles the dual roles of being the
medical director of Bethesda Memorial Hospital's emergency room
and also that of Bethesda Ambulance Service. John.
Dr. HalDern: Members of the Commission, Mayor Lynch, thank you
for letting me speak today. Basically, I want to give you an
overview of where I have come from and where we are going. I am
a Board-certified physician in emergency medicine. I was
previously a systems analyst for the New York City Emergency
Medical Service, the largest emergency medical Service in the
world; ålso, Medical Control Physician in charge of paramedics
there. I was also Medical Director of the United States Naval
Base in Norfolk, Virginia, for emergency medical systems. I was
the first physician in the Navy deployed to Operation Desert
Storm and the medical spokesperson for the United States Navy
during the ground war. These are things, you see, that I do on a
day-to-day basis as Medical Director of Bethesda Ambulance. I
evaluate paramedic applications for service and establish
treatment protocols in conjunction with Palm Beach County Medical
Directors Association. I serve on-call all the time and wear a
beeper 24 hours a day for any calls from my paramedics, if they
have any questions. I oversee the quality improvement programs
that are continuously ongoing with the paramedics that are
assigned for that at Bethesda Ambulance.
An issue that you have heard again and again and again is
continuity of patient care and that is implied that somehow this
is lost in a two-tier system. I am here basically to say this is
an untruth; it is not this way. I can call your attention to the
second paragraph which says, "Dr. Joseph Ryan, Medical Director
for Pinellas County, Florida EMS, the nation's largest
public/private partnership, indicated no problem with continuity
of care in a similar system. " This is a huge two-tier private
fire department system in Pinellas County, known worldwide for
its system excellence there. No problems there.
I also call your attention to the second to last paragraph -
In Palm Beach County, private ambulances arrive and begin
treatment before the fire department paramedic units arrive up to
20% of the time, increasing response time to the scene and
decreasing patient intervention time. Once again, the key to
improved care is response times.
How quickly does an ambulance get there? If you fall and
drop dead of a heart attack, how fast can someone get there to
deliver that life-saving shock? That's the ballgame. What
happens after is important, but it is not as important as getting
there quickly and getting there under six minutes, before brain
death.
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This is a quote from an article written - a scientific
article written in the Annals of Emergency Medicine. The Annals
of Emergency Medicine is a scientific magazine published by the
American College of Emergency Physicians. They found that the
average response time of two-tier systems, that's both the
private ambulance and the fire departments or another municipal
system working together, is 5.9 minutes versus 7 minutes for a
one-tier system. That's the single fire department proposal that
you have before you. This was a review of 25 EMS systems across
the country. It comes out of this collector series of EMS
articles from the Annals of Emergency Medicine of which there are
no articles since the inception of the magazine on continuity of
care. Not one discusses it or does a scientific study because it
is not a valid issue. The conclusion of the article states that
a two-tier system is better and they recommend it in order to
decrease these response times.
In comparison of training between the fire department and
the Bethesda paramedics, all Florida paramedics, regardless of
employer, have equal training as mandated by State law. The
Director of EMS for the State of Florida commented about various
system designs and stated they all meet the same criteria and
operate by the same rules. Bethesda has a strong education
improvement program. We do twice as much education and
continuous education for our paramedics as required by law.
Medical direction, of course, is provided by a Board certified
emergency physician; and paramedics of both private and fire
departments services follow the same treatment protocols in Palm
Beach County. They follow the same treatment protocols as
prescribed by the Common Medical Director Association, which I am
a member of and also of which your medical director in Delray,
Dr. Wolfe, is a member of.
At this time I would like to introduce Mr. Scott Rester,
Administrator of Bethesda Ambulance.
Mr. Scott Rester: Thank you, members of the Commission, for
offering us this opportunity to speak to you tonight. What we
have here is essentially the current 911 notification system.
The caller dials 911, it goes into the fire department dispatch,
which is located in the City. The City dispatches the fire
department or the fire station notifies the appropriate fire
station then calls MEDCOM, the County's Medical Communication
Center, which is located off Belvedere Road in West Palm Beach,
who then calls Bethesda, who also dispatches an ambulance. I
would like to point out that, at that time, Bethesda responds
Code 1 - no lights, no sirens. That's a standard response level
that is advised by the City. We comply with that. If they
upgrade us later to Code 3, that's their prerogative as well, but
the standard response is Code 1. I will mention that MEDCOM is a
recent addition. Previously, the fire department called Bethesda
Ambulance service dispatch directly. Now, what that essentially
does, whether you have dispatching one unit and then dispatching
Bethesda Ambulance, or particularly when you dispatch one unit
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and call another medical communication center and then have
Bethesda dispatched, you obviously have some time delays and
there is also an additional opportunity to have data entry errors
by your communications specialist.
Recommended 911 notification system is somewhat more
streamlined. The caller dials 911, goes to a central same
dispatch that it goes to right now and then through technology,
which is very inexpensive and readily available. (Bethesda has
that technology available on our end already) . The fire
dispatcher handles the call one time and simultaneously
dispatches the appropriate fire station and notifies Bethesda of
the call.
The way you do that is quite simple; you establish a
dedicated phone line, the City has a computer, (Bethesda has one
of the state-of-the-art computers and one of the most advanced
compter-aided dispatch systems for EMS in the country. ) It is
readily capable of accepting that, developing an interface, which
is primarily on the burden of Bethesda to create that. The data
is just dropped into a flat file to us and that information is
immediately downloaded. That saves several minutes off the
notification time. And remember, as Dr. Halpern said, those
several minutes can sometimes be critical. These improved
response times with a dedicated phone line and the CAD interface
obviously do just what we discussed. You save 2 to 4 minutes off
the response time and sometimes that is as much as 50% of your
overall response.
Let's talk a little bit about the present response system:
The basic life support fire apparatus, pumper or whatever you
want to describe it, the fire department rescue vehicle, which is
an advanced life support, which responds from the same location
to the incident scene. Bethesda, from a separate location with
an advanced life support vehicle as well, responds to the same
scene. This is where it becomes redundant. From the incident
we've seen, you have one ALS vehicle with paramedics following
the second ALS vehicle with paramedics. We agree, we think that
is redundant and unnecessary and we are going to be providing
some additional details to tell you exactly how to rectify that
situation. When we looked at this system, we wanted to look at
two-tier systems that were all ALS, like ours, and see what some
of the comparison accompany rates. This happens, the ALS vehicle
following our ALS vehicle on average of about 70% plus of the
transports that occur, not only in Delray Beach, but also in Palm
Beach County. We looked at some other systems - all ALS,
two-tier and public/private partnerships. What we found is that
they were under 20% and, in fact, went as low as 4%. Now, that
is based on clinical credentials and the clinical presentations
of the symptoms of that patient, not other ancillary issues that
have nothing to do with patient care.
Just as a reminder, the fire department's proposed system
that you heard sometime ago, as a BLS pumper, the ALS rescue
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vehicle, respond to the incident scene again from the same
location, the same station and at that time the ALS transport
vehicle would then respond to the hospital. What happens here in
this system is, as you saw, there is no private sector
participation. It eliminates Bethesda's participation. If you
notice when you look at the basic life support, the advanced life
support and advanced life support transport, you have a BLS and
an ALS vehicle responding to the scene where you are responding
and stabilizing the patient, and you have the ALS transport
vehicle. What you have is replacement of the most cost effective
piece of the system, a private provider, Bethesda, with the least
cost effective, which is this vehicle, right here. It doesn't
improve response times. You are going to get the same response
time with these two vehicles responding from the same location
that you are going to get in any other way. We have a better
answer.
Our recommended system design: Have the fire department
pumpers with existing equipment that the City already possesses
upgraded from basic life support to advanced life support. We
have dual, simultaneous call notification, the fire station is
notified, Bethesda's advanced life support unit is notified.
What you see here are two advanced life support vehicles
responding to the same incident scene, the same number of
vehicles, the same number of people; only right now you have 2
ALS teams, 2 sets of ALS gear and most importantly, they are
responding from different locations. From the patient
perspective, it doesn't matter if the fire department gets there
90 seconds or 2 minutes before us or we get there 90 seconds or 2
minutes before the fire department. The patient wins, because it
is the fastest possible. If you have 2 vehicles responding from
the same location, some of those are going to be good and some of
those are going to be not so good; but, this way the patient wins
every time. From the incident scene, on that 80% to 90% of the
calls, Bethesda will transport the patient and the fire
department ALS vehicle will go directly back into service. At
AMS system terminology, that's called a short term engagement.
They respond, they do the first response work that they are doing
now with a dual response, they help stabilize the patient; once
the patient is stabilized, the fire department goes back into
service, available without leaving their zone to respond to the
next possible call. Again, the average response time is the key.
Two-tier systems have been found by other research to be at the
5.9 versus 7.0 or about 19%. Nineteen percent increase in
efficiency in increase and response times compared to the
one-tiered system is significant and that is something that the
patient deserves.
Recommended system and improvements to summarize: We
upgrade all the pumpers from basic life support to advanced life
support; we have simultaneous dispatch; Bethesda changes their
response code - Code 1 - regular driving like you and I do from
one side of the City to the other - to Code 3. Finally, because
with this recommendation, the City is not going to need their
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transport vehicles - Bethesda will purchase those at a Fair
Market value.
Summarization of the Fire Department Proposal: Eliminate 1
ALS vehicle, you keep an ALS vehicle and a BLS vehicle. Bethesda
recommendation: You keep the two ALS vehicles and you eliminate
the BLS. It is an improvement in the quality of care that can be
offered.
As a patient benefit: The fastest possible response. We
talked about the 2 ALS teams versus 1 ALS and 1 BLS and bet ter
coverage; responding vehicles from two separate locations - you
have a better chance of having the quickest possible response
time.
How does the City benefit? Lower costs to the City, both
immediately and long term and upfront cash for the sale of the
transport vehicles. As you annex, Bethesda is prepared without
having to build significant infrastructure to follow out with the
City without any additional cost, whether it is for operational
cost or whether it is for cost for infrastructure, stations, etc.
Also allows for immediate adjustments to geographic and demand
changes. We use a system that you may have heard some discussion
of called system status management which allows for flexible
deployment and flexible utilization. We staff more people at
peak times and we put them in different locations based on the
time of day, the day of the week, how many vehicles are available
and where they are located. That's key. That's common sense, as
well.
Other City benefits: Reduce your liability, worker's comp
exposure and your disability exposure; reduces the Fair Labor
Standards Act exposure, of which the City has significant
exposure at this time; insulates the City from reimbursement
policy changes and cuts the City's response risk and liability in
that area by as much as 50%; instead of having the liability of 2
vehicles responding Code 3 with lights and sirens, you will have
the responsibility of only one.
System Benefits: Better resource use - frees the fire
department to focus on fire suppression and other activities or
ALS providers.
Kenneth Leventhal & Company, one of the largest CPA firms in
the country, received the information provided by the City
Manager regarding some of the financials. They calculated the
following: I won't go through all the details, but the bottom
line is, on an annual cost they project in excess of S1. 4
million dollar savings, a one-time cash infusion of $250,000,
which is the approximate Market Value of your vehicles. That
compares quite closely within just a few dollars of your book
value. Total projected first year cost savings is almost $1. 7
million dollars. That "Other Expenditures" line includes such
things such as auto and liability insurance, supplies,
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maintenance and repairs, uniforms, training, some communications
issues that can be eliminated, medical direction which Bethesda
would be providing for, funding and what the City calls vehicle
rental. In business terms, we normally term that as
depreciation.
Kenneth Leventhal & Company also provided a list of some
other considerations that, because of some information that we
have not yet received from the City, could significantly alter
these; and, of course, by implementation of the methodology of
implementation, could also markedly improve these numbers.
Compensation of benefits expenditures assume only the lowest
paid individuals. Should the reduction include any retirement
individuals, for example, savings could be significantly
increased. Twenty-nine percent of the fire department positions,
of operational positions excluding clerks, are Lieutenants or
greater; in other words, officers. Although no allowance was
made for savings related to any reductions in rank or any
restructuring of administration, and that is the administrative
overhead, as well as, rank.
A company called Fitz & Associates, one of the National EMS
consulting firms, that has worldwide recognition, engaged Kenneth
Leventhal & Company to look at Delray on a more global basis; not
based on what our proposal was, but to assign what the
incremental cost of the EMS functions in addition to what fire
suppression and other primary roles the fire department would
have. They came up with a number of somewhere between $2.0 and
$2.4 million dollars on an annual basis. So we are not
recommending that the fire department get out of the EMS
business; we're just recommending that they properly structure
their system in conjunction with a private partnership to get the
best for the citizens.
Finally, we did discuss the elimination or the purchase by
Bethesda of the EMS vehicles. Taking the financial comparison
one step further, the annual recurring cost of $1.4 plus million
dollars based on the projections provided by Levanthal, assuming
a straight 3% per annum increase for inflation, your five-year
projection brings the City's savings to in excess of $7.5 million
dollars.
F ire Department projections are based on revenues which we
are not completely confident in; but, are so insignificant at
this point we are not going to get into that. The less existing
EMS users fees, which I believe you term as Ordinance No. 50-90 -
$55,000 there. The annual additional projected revenue is just
under $320,000. Five years down the road you are going to be
somewhere in the neighborhood of $1. 5 to $1.6 million dollars.
Again, this is assuming a 3 % increase for inflation as compared
to the $7.6 plus million dollars - a significant difference,
folks.
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In summary, our recommendation will improve system
performance, use of resources more efficiently and clearly and
significantly reduce the expenses to the City and to the
taxpayers. I'll turn this over to Mr. Hill. Thank you.
Mr. Hill: Thank you, Scott. As you can see here in our
recommended systems improvement slide, obviously Bethesda is
capable, ready and prepared to provide this service to the City
at a moment's notice and we would ask the Commission to accept
our recommendation and direct City staff to proceed with the
implementation of our recommendation. That is, to provide the
ALS upgrades to all the pumpers with the equipment that you
already own; will develop the simultaneous dispatch - a change so
Bethesda can respond Code 3; therefore, you have 2 ALS vehicles
responding from 2 different locations to an incident on Code 3;
and, of course, Bethesda is prepared to purchase the City's
transport vehicles. Certainly, if there are any questions by the
Commission, myself, Scott and Dr. Halpern will be more than happy
to answer any of those questions.
Mayor Lynch: Thank you. Any questions?
Mayor Lynch: Let me ask a couple of things. When did the City
change over its system of dispatch and why, do you know?
Mr. Rester: Changing from notifying us directly to MEDCOM? I
believe it was the first of this year.
City Manager: We changed whenever we took on the Highland Beach
Service because Highland Beach is served by a different ambulance
company - by Atlantic. So we notified MEDCOM so they could then
in turn notify the closest ambulance to the instance.
Mayor Lynch: So it was just done in January?
City Manager: Yes.
Mayor Lynch: And when did we do the difference between Code 3?
Is that where they are not allowed to use their sirens?
City Manager: I am not familiar with that and I don't know when
that was done or why.
Mr. Rester: The Code - the issue about notifying Bethesda or
Life-Lead or however that works out - there is clearly technology
available. Our end of that is already in place - that is not an
issue; that can be dealt with quite easily as far as assigning
calls.
City Manager: There are other ways of dealing with it and we
will look at that, but that is a very minor issue.
Mayor Lynch: When did Code 3 go into effect - Did you all used
to have a Code 1 before?
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Mr. Rester: No lights or sirens or Code 1 has been effected
through my tenure, which has been 5 years plus. My belief is
that it was in excess of that - before I came on board. I have
by ~ although verify this, that it
been told some, I cannot was
several years prior to that.
Mr. Ellingsworth: If both the City and your service respond
concurrently, who assumes authority? Is there some method of
determining who will be in charge?
Mr, Rester: That can be determined by the common medical
director that we are recommending. There are times right now -
its very straight forward - its very easily determined; the
medical director says you do it this way and we do it this way.
Clearly, when everyone works under the same protocol, it is
really not so much of an issue because paramedic A and paramedic
B all know that if the patient has this situation and this
condition, we are all going to be treating the same way; we have
the same medications and the same equipment and that is really
not a consideration; it happens all the time in the field now.
Mr. Randolph: Could I get some info on your data base for the
two-tier system being as alleged 5.9 versus the one-tier system
being 7 minutes?
Mr. Rester: Absolutely. The Annals of Emergency Medicine is a
journal that was referenced. I did not do that study. That
study was published in the Annals. It was performed looking at
25 mid-sized urban municipalities that had a grouping of one-tier
and two-tier systems. That was their finding, not ours.
Mr. Hill: Mr. Randolph, obviously we tried to get the
information put together, but anyhow its in this - and we will
run you a copy of the article. Obviously, we are going to
provide you in the next several days - we were trying to get all
the information that Mr. Harden was nice enough to provide us
here over the last week and putting this all together to make
this presentation. We will be providing Mr. Harden, as well as
the Commission, hard copies of this information and with that we
will give you a copy of the article right out of the Annals of
Emergency Medicine.
Mr. Randolph: Basically, you mentioned in your presentation that
MEDCOM is being used, which is a County service, in our
networking. Is that something of choice, is that something that
we would have to get permission of the County to avoid in another
type system?
Mr. Rester: No, all of the recommendations that have been made
tonight can be made bilaterally, solely between the City
Commission and Bethesda, including the decision of exactly how
the response notification occurs. That can be done at the
direction of the Commission tonight, if you wish.
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Mr. Ellingsworth: Would you be adding additional personnel if
this system were put into effect?
Mr. Rester: Our commitment is not to a level of effort, which is
the old style of looking at things. Our commitment is to a level
of performance. Our performance commitment is 90% 10.0 minutes
of the time for Code areas. That is something that the private
sector, including Bethesda Ambulance Service, has been pushing
for and we are looking forward to that going into effect January
1 with a new ordinance. I am personally a member of the
Professional Standards Committee for the American Ambulance
Association. We deal with issues of this nature including, not
only this but other Federal issues. This is a standard that is
quite important. I noticed that some of the reported areas were
travel time. Travel time doesn't mean a hill of beans to the
patient who is laying on the street. They want to know how long
from the time they dial 911 and have the need till they get on
the scene. That is what is important. Travel time can be
misleading. If you have excellent travel time, but it takes you
too long to get out of chute or out of the station, if you look
at it that way, its the same problem for the patient because they
are waiting to get care. So what we are committing to is a level
of performance. If it takes five units or ten units or twenty
units or 2 units, we'll do the level of performance.
Dr. Alperin: In respect to that, where are you presuming to
station these ambulances?
Mr. Rester: We use a system called Systems Status Management.
Its integrated with our computer at a dispatch system which you
saw just briefly. We have, through historical records and we
track it on a daily basis, the peak call volume and also where
those calls are coming in at. Based on that, as an example, and
its logical for everyone here as a lay person, that in January
you are going to have more calls than you are going to have in
June or July. At 5: 00 p. m. on Friday afternoon during rush hour,
you are going to have more demands than you are going to have at
2:00 a.m. on Tuesday morning. We station our vehicles based on
how many vehicles are available on the system at that time. In
other words it is like a zone defense. If we have four units
available, we will deploy them in one fashion. We will have
priorities for each of those deployment locations. We will have
different deployment locations if we have three units available.
Then if we have some more become available again because they
have finished their call and are back in service, we will
re-deploy them again. Its like a floating defense. You try and
maintain the most balanced level of coverage. And those
positions vary. Generally speaking, when you see our ambulances
parked at a street corner or major intersection its not because
they are just joy-riding. We have given them a specific location
to be at, based on the time of day, and the number of available
units. We're basing that on historical precedent and that's why
we can take our units and by moving them to the right location
early, we can have fewer units and better response times. That's
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the system that is run in every high performance EMS system in
the country right now.
Dr. Alperin: How do you pay for these services?
Mr. Rester: Bethesda receives absolutely no tax subsidy, no ad
valorem support from any municipality, no governmental source.
We bill our patients for services rendered. We do not bill for
cancelled calls. If we go out and, no matter how long it takes,
if we're treating a patient and at some point they decide
ultimately not to be transported, they are not billed. We will
file any insurance that the patient will provide to us and, in
fact, we have a subscription program for one of your communities,
Rainberry Bay, that is licensed by the State Department of
Insurance that guarantees that those individuals have zero
out-of-pocket cost, not only for emergency transportation but for
non-emergency and interfacility work; not only in the City of
Delray Beach, but also for anyplace that either Bethesda or Life
Fleet Atlantic provides service, so those people have zero
concern.
Dr. Alperin: That's for ambulance service, now what would it be
like for rescue service?
Mr. Rester: All of the things that we propose tonight are at
zero cost to the City.
Dr. Alperin: No, I'm talking to the patient.
Mr. Rester: Our base charges, and they are on file with the
County and we will provide a list of those to you in conjunction
with the other information, are $200 for basic life support, $280
for advanced life support emergency transportation, $25 if oxygen
is used and $6 per mile. That's only for the transport from the
point of origin or point of incident to the hospital of their
choosing. We transport patients to any hospital that they or
their insurance company will require. In other words, as managed
care increases you will see more and more patients have to go to
a specific hospital, not necessarily the most advantageous
hospital as far as getting the unit back in service. And that
will be based primarily on managed care and as more and more
people move to HMO's.
Dr. Alperin: For example, to what hospitals would individuals in
Delray be able to be transported?
Mr. Rester: In our system? It is patient demand. It is the
patient's right to determine which hospital they want to go to.
If they asked for St. Mary's and there is not some overriding
clinical issue they will be transported to St. Mary's Hospital,
yes sir. If the incidence where this does not occur is if they
are a trauma patient. Trauma ordinance goes into some specific
details in its law that we are required in this catchment area to
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take them to the Delray Community Hospital. If they are north of
Lake Worth Road, then they would go to St. Mary's Hospital.
Dr. Alperin: Does Delray have the same communication that
Bethesda does for, say the EKG?
Mr. Rester: For the 12-lead EKG? At this point, Delray does
not, but they have that opportunity. It is not very expensive
and what we have done with other hospitals is that, there are
about 5 or 6 of these locations - these receiving stations
located throughout the County - we have spoken with each of those
and they have agreed and they have done it on occasion that, if a
patient, for any reason has to go to one hospital and that
hospital specifically does not have that technology, we can
transmit to one and they will turn around and fax it as an 8 1/2"
x 11" sheet to the emergency department in the other location.
Every ER has at least one or two fax machines.
Mrs. Smith: How big an area do you serve? Like in square miles
or whatever.
Mr. Rester: The County has assigned Bethesda Ambulance Service a
total of three ambulance zones - Ambulance zones 5, 7 and 2. We
have been fortunate enough to have provided service to the
ambulance zone 5, which encompasses Boynton, Delray and just a
bit of unincorporated County west of us here. For the longest
period of time that was the original zone back in the 1960's with
AA Ambulance and then in the 80's and 90's as we have gone on.
We have, through a process of some expansions, moved into
ambulance zone 7, which is adjacent to ambulance zone 5 and
ambulance zone 2 which is also adjacent to our current service
area. We have a total of 19 advanced life support units. At
times we generally try not to have everyone oni you always have
to have some reserve capacity. But again, it goes back to that
issue of level of effort versus level of performance. Bethesda
has the resources and has made the commitment that we will
provide a defined level of service and a defined level of care as
required by the County and by the State by Federal law. And, J.n
addition to that we have set standards higher than· that for
ourselves on training, on equipment, on personnel and a lot of
other areas, like on communications, for example. We will do
whatever is required to meet and exceed those requirements,
regardless of how many vehicles it takes. The answer,
specifically, is we have seven vehicles allocated to ambulance
zone 5.
Mrs. Smith: And zone 5 is Delray?
Mr. Rester: Delray and Boynton, although we only do half of the
transports in Boynton.
Mr. Ellingsworth: A minor issue would be equipment, for our unit
to arrive first, it would be oxygen tanks, I assume, and EKG
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equipment or whatever. Does that go with you? How do we get
that back? Who pays for it?
Mr. Rester: The oxygen tank is actually an issue of an oxygen
mask, which is disposable, once you put it on a patient. It is
not cleanable, it is not reusable, it goes with the patient. It
will actually end up in the emergency department hooked up to
their oxygen system. Of course, whoever gets there first is
going to do whatever is required to the patient. Under this
scenario that we are proposing and in the majority of cases,
there will be less than a two minute difference between one unit
arriving on a scene and a second. For those patients that
require equipment, it is generally a - - well with Delray right
now, Delray generally uses their equipment because we are
responding Code 1 and they are well into the treatment by the
time we arrive. It is not uncommon to have Bethesda equipment in
a hospital emergency department and it is not uncommon to have
Delray Fire Department equipment, Boynton Fire Department
equipment and several others. Every provider in the County can
have some piece of equipment at the emergency department. It is
all kept in one location and as different ambulances and crews
arrive, there is a - our crews know, and I'm sure Delray Fire
Department crews know as well - - you go in and you try and find
your equipment. There are other ways to do that; there is an
equipment exchange program that some people in a two-tier system
do; in other words, if you put a backboard on a patient and we're
transporting but they are not required to ride in on that 10% of
the time or whatever, and even then sometimes you have a patient
that's on a backboard for several hours in an emergency
department. You can address that a couple of ways. And that's
another thing the medical director should have significant input
in.
Mr. Ellingsworth: One last question, if I may. It's rather
difficult, at least to me as a Commissioner sitting up here, to
have one medical director indicate that a transfer is not
dangerous and another indicate that it is crucial. How do we
resolve this conflict of views?
Mr. Rester: Obviously, everyone has an opinion. I think what
Dr. Halpern said, if I could paraphrase for him, is that there
has been no research documenting that. In fact, there has been
no reference of that. When this issue was brought up by some
other people, I did a rather extensive literature search
primarily to the American College of Emergency Physicians data
base, did some literature searches through the medical library at
the hospital and there is just nothing out there that we can find
that says it is an issue. One example, if I can bring it to the
Commission's attention, is that there was an ordinance written on
trauma. The most critical patients in the system frequently are
those considered to be the trauma patients. Now a group of
emergency physicians, hospital personnel, EMS personnel and a lot
of other interested individuals, including the Health Care
District Representatives, got together several years ago (I was
-14-
,
·
there) and drafted some language. One of the requirements of
that ordinance is that, if a patient qualifies for a trauma
criteria - and there is a list of things - they have to be flown.
It is an absolute requirement. The most critical patients in our
system perhaps have to be flown. But when the trauma hawk lands,
the fire department paramedics or Bethesda's paramedics don't get
on board with that patient. There's a handoff. They don't even
stop the rotor blades from turning. There's a very quick handoff
on that patient. If you see any of the file footage or if you
see any time the trauma hawk lands, it doesn't have a Bethesda
paramedic, it doesn't have the Delray paramedics or the West Palm
Beach paramedics or any other fire department or private
paramedics. It has a trauma hawk staff on it. Now those are
paramedics, but they are not the same people that initially
responded and treated and stabilized the patient.
City Manager: I think you stated what your performance standard
would be, but I did not clearly hear it. Could you restate that?
Mr. Rester: We have proposed and, as we understand it, the final
draft of the ordinance states that, response times for Code 3 for
Bethesda and for other transport providers will be 10.0 minutes
90% of the time. That equates on an average, if you want to move
it to an average, to somewhere in the neighborhood of 6 to 6 1/2
minutes, and that's from receipt of notification to arrival on
scene.
City Manager: Are you aware that our average response time now
is running about 4.11 minutes?
Mr. Rester: I am unaware of that. That is some of the
information that we did not receive. I read in the budget that
the average travel time was sometime between 3.5 and 3.7 some
minutes. But it did not address turnout time, call handling time
or any of the other...
City Manager: I want to do some further analysis on it because
that's one month and we are in the process of looking at that.
Mr. Rester: It would absolutely be helpful in comparing those
issues to have the definition to what that response time is.
City Manager: It is from the time the call is received in our
dispatch until the unit reports there on scene.
Mr. Rester: That's the generally accepted definition.
City Manager: Do you have any estimate of what percentage of the
time under revised protocols a fire department employee would
need to accompany the ambulance to the hospital?
Mr. Rester: Well, I can tell you that our discussions with other
systems, which have common protocols, range from a low of about
4% in Orange County to about 12% to 15% in Pinellas County. Now,
-15-
,
Pinellas County has an even more aged population than what we
have here. But, in round numbers, we probably want to start out
as an estimate, and I am sure this is again something that the
medical director would have to address as opposed to me. My
estimation is somewhere probably less than 20% of the time that
you have transportation occurring. Not 20% of the responses, but
20% of the transports.
City Manager: So in those instances where there is 10% or 20%,
whatever it is, the fire engine would follow the ambulance to the
hospital to retrieve that employee.
Mr. Rester: No, we would be responsible for returning that
paramedic to the next location, whether that be back to the fire
station or to the next response. Which, if that were the case,
we would be responding with them to the same location. And, of
course, the other point is that if, under that scenario, the fire
apparatus is at the same level of people, the difference being
that under our proposal that fire apparatus that's responding is
going to be advanced life support. Under the fire department
proposal under the scenario you just provided, that fire
apparatus would be basic life support, most likely.
City Manager: I must tell you that the Chief did ask to have two
of his pumpers upgraded to ALS units this year and I cut it out
of the budget.
Mr. Rester: I understand. We'll help you do that.
City Manager: In the dollar savings you're showing $1.4 million,
I believe. Is that still envisioning a cut in fire department
staff of 26 positions?
Mr. Rester: That's correct.
Ci ty Manager: Will your written backup that you give us later
show how you arrived at that number?
Mr. Rester: Yes Sir. And we would, of course, appreciate the
additional documentation that we requested. That will help us
put that into the format that will be most helpful for you and
the fire department to evaluate that.
City Manager: Would there be any commitment, (I think the answer
is no if I understand you correctly) , of units to the Delray
service area? You say you have 7 assigned here now. Is that
something that's fluid, or is that more or less a continuing
permanent assignment?
Mr. Rester: That is fluid. We have the ability to bring
additional units in as required. Generally speaking, our peak
staffing is probably somewhere around 15 to 17 units. We have
the ability to move them into locations which are having a high
frequency of calls; for instance, a disaster by definition of EMS
-16-
,
·
terms is when you have one more call than an EMS vehicle
available to respond. We have had a mutual aid agreement between
all the private sector advanced life support providers, which
they all are, for a series of years dating well back into the
80's. Part of that is under the ordinance. We are also
available to draw on the 28 ambulances that life-lead has - all
advanced life support in those counties, as well. The mutual aid
agreement between the private sector as well as mutual aid
agreement that you folks have with the municipalities I think
will address that issue. As far as again, the commitment of
dedicating specific units - quite frankly, to be quite blunt
about it, I am not sure why it matters if you have 2 or 4 or 8 or
20 or 1 or whatever, as far as the patient is concerned if you
get there on time, you get there on time. And that's the key
issue. If that requires additional units to be placed in the
City, that's what we will do.
City Manager: What's your normal staffing on an ALS unit?
Mr. Rester: Our minimum staffing is as prescribed by the State
and the County as 1 paramedic and 1 EMT. Now we'll have about a
quarter of our vehicles on duty at any time staffed with 2
paramedics.
City Manager: I think as I've told the Commission before, and I
know you all recognize it is an issue that involves a great deal,
and certainly we want to see Bethesda's proposal in writing and
analyze it, I have asked the Finance Department to look at both
their proposal and what the Fire Department has put together from
a financial standpoint. We will look forward to getting your
written proposal.
Mr. Rester: We will be happy to provide that. Thank you very
much.
City Manager: I think the Commission should not feel like you
are under a great deal of time pressure. We will go ahead and
make an application for the certificate to do the transporting
because that has to be in this month, but the County hearing is
not until December. I would hope we can put together enough
information so that the Commission can make a decision some time
in the next month or six weeks, but it is not as if you have to
make a decision within the next week or so. You've got some time
to be sure you thoroughly understand the issues.
Mr. Ellingsworth: How soon will we get this information that you
refer to, Mr. Hill?
Mr. Hill: It might take as much as a week - no longer than a
week to get the entire package.
Mayor Lynch: Thank you very much.
-17-
,
, .
.
Dr. Alperin: I have one question of staff. I was wondering if
its feasible to even investigate privatization of rescue,
although this is not a total privatization of rescue. Is it
feasible to look into the possibilities of a complete
privatization of the entire fire rescue facility? Is that done
anywhere?
City Manager: Are you talking about fire as well as EMS?
Dr. Alperin: Yes.
Mayor Lynch: That was done in Scottsdale, Arizona.
Mr. Rester: There are about 70 municipalities, I believe, across
the U.S. that have private fire service.
Dr. Alperin: While we're looking into this, probably we should
try to find out what the whole picture is, too, what the other
option is. Or if that is even a considerable option for us.
I guess its not as important as immediate research, but its
something we should be looking at if we're looking at this.
-18-
,
I
_ -~f\
~vZ!
-
MEMORANDUM
,
To: David T. Harden, city Manager
From: Joseph M. saf~ance Director
Date: September 9, 1994
Subject: Garbage and Trash Rate and Service Changes
The Finance Department has. revised the current garbage and trash
rate structure by 2.7% in accordance with our contract with
Waste Management which requires the rates to be updated by the
Consumer Price Index on an annual basis.
Secondly, Waste Management has been incurring a disposal credit
shortfall from the City of Delray Beach. This shortfall, in the
amount of $44,780 per month, is caused by the Solid Waste
Authority and its use of averages in the calculation of disposal
credits. In other words, the Solid Waste Authority has
developed an average weight per household and issues disposal
credits based upon this average. If a hauler is on the high
side of this average (average household waste exceeds the SWA
average) , then the hauler incurs a loss. Conversely, other
haulers on the low side of the average would achieve a gain.
Since our contract with Waste Management requires the City to
allow for increases imposed by the SWA, the City would be
required to make up this shortfall.
In order to minimize Waste Management costs (and thus reduce the
impact of the disposal credit adjustment), the City asked Waste
Management to conduct an independent third-party sample survey
of all rear-door and side-door neighborhoods to determine if
they would be receptive to curbside collection. This would
allow Waste Management to improve their collection rate and thus
reduce their costs.
The survey was conducted by Sunbelt Research Associates, Inc.
and concluded 64% would be willing to accept curbside collection
of their garbage (trash already curbside) . This consisted of
54% would accept curbside if their rates were reduced and
another 10% would accept if they could receive rollout
containers. We feel that this result presents us with a unique
opportunity to incorporate curbside collection city-wide and
reduce the impact of the disposal credit shortfall at the same
time. For example, the $44,780 monthly shortfall by Waste
Management would be reduced to $34,807 for rate purposes.
WS.5.
.
Page 2
~le , therefore, ,have incorporated into the attached ordinances
the deletion of Type "B" and Type "G" customers (rear-door,
side-door pickup service) who were paying $12.28 and $15.17 per
month respectively and have changed them to Type "0" (curbside
with owners container) at a new rate of $10.88. These customers
would begin their curbside service October 1, 1994 if the
Commission approves this change.
A schedule comparing the present services and rate structures to
the proposed services and rate structures is attached for your
consideration.
encl: Comparison of Present to Proposed Rates
Ordinance No. 73-94
cc: Larry Miller, UTB Manager
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CIVIC ASSOCIATION
~~
DURAY BEACH, FLORIDA
September 19, 1994
City Corrmission
Delray Beach, Florida
Dear Corrmissioner:
I have been asked by the President of the Tropic Isle Civic Assn.
to represent the Association at the Commission Workshop Meeting on
Tuesday, September 20, 1994.
I am a long-time resident of this area and have lived at my present
address for 18 years. I'm a past President of the Tropic Isle Civic
Assn. and very proud of our community.
Please be advised that the residents of Tropic Isle, that is
approximately 325 waterfront haneowners, are strongly opposed to any
change in the present garbage or trash pick-up services. Any surveyor
public opinion poll has not reflected the feeling of our residents.
We have enjoyed superior service and a great relationship with the
Waste Managerænt people in our area. If a competitive rate increase is
necessary to maintain this high quality of service we have becane used to'
and then that would be rrore acceptable than garbage cans along our
streets and right-aways.
Very Sincerely,
i~:*=~
,
Delray geared up to talk trash
Good turnout likely at meeting on changes in garbage service
cia Is and commissioners have received to enforce," said Commissioner Ken E}.
By CAROL LEWIS-BOHANNON many calls from residents. Because it is lingsworth. "Enforcement may be an
Staff Writer so controversial, commissioners said area that we can look into to help us low-
DELRAY BEACH - Eliminatiùn of they want and expect more input on the er the [collection volume)."
back-door garbage pickup and changes issue before they vote on Sept. 27. Some residents and city commission-
in collection fees will likely draw plenty Tuesday's discussion is scheduled for 6 ers are confused about the types of ser-
of interest from residents on Tuesday p.m. at City Hall. vices and costs. For example, the city of-
when city commissioners review service Trash and garbage collection rates in- fers seven types of services and charges,
changes in the city. crease annually to pay a 2.7 percent ranging from curbside with disposable
"This affects everybody," Commis- cost-ot·living fee to Solid Waste Manage- bags at '5.62 monthly to one type of
sioner David Randolph said. "Everybody ment, which has a contract with the city. back-door service for l15.17.
makes a little ,arba,e, and everybody's Commislioners also are asking for 60 -- À customer with ack-door service
garbage has to be managed. We are go- cents more per household this year to pays $12.28, but could pay $13.26 with
ing to be under public scrutiny." ~ help cover a $44,780 monthly shortfall the proposed increase. If the rear-door
City commissioners tentatively ap-7 created because the average city resi- service is eliminated, the customer
proved an ordinance last Tuesday to in- dence has a higher volume of trash than would pay I1~L
crease garbage and trash collection other cities. Residents a city officials agree that
rates. The ordinance also proposes elimi- City officials say they have more trash tbe services and charges need to be Iim-
nating back-door collection for the 3,000 because they think people from other cit- plified .
customers who pay about $3 a month ex-.t ies come to Delray Beach to dump gar- The proposal to eliminate back-door
tra for it. den and lawn clippinp in vacant lots. pickup is supported by a survey 0.!.J,ØA..
Since releasing the proposal, city offi- "We have an ordinance, but it's beetic customers who said they would drop the"
. I _ ~
,. Sun-Sentinel, Monday, September 19. 1994 .
I DELRA Y BEACH GARBAGE PICKUP FEES J
The City Commission is c~nsi.dering ch~nges in garbage and tras~ pick-
up fees, including the eliminatIon of optional back-door garbage pIckup.
MONTHLY CHARGI
Current ~
· Curbside w/roll-out cart $~~.~~ $12.47
· Tropic Palm~, Palms of Delray $$12'28 $1088 ($13.2e-)
· RMr-door, SIde-door customers . . $10 sa
~ . Curbside, owner's containers $9.98 .
· NW 22nd, Dixie Hwy., Lake Ida, NE $15.17 $10.88 ($16.23-)
~n~w 10th, Federal Hwy., linton, 1-95 $12.87 $10.88 ($13:;b
. Curbside w/disposable bags $5.62 \
. Proposed fees if back-door pickup is not eliminated.
SourOll: City 01 Delray Beach
service if they could get their feel do prefer to keep wbat I be..," she said.
reduced. COIDIIÙIIioners are eecoaraØDI iDput
But the degree of lobbying tor the col- and aÞo øeem to be sidiq with resideDts
lection indicates that not everyone wants who say they don't miDd pa)'ÙII for the
to give up the service. convenience of rear-door collection.
Hazel Dany has bad back-door coHee- "Whatever the resideMI wut they
tion for the 43 years she bas U'" ÙI Plu· should have it _ if they are williq to
. mosa Park. f the ." EIUnpwortb said.
~ "I'm not one who puts up a stink, but I payor service,
,
.
~ Controversy stirs over trash service
~ By Jeff Perlman meetång6 p.III.. 'r1MIday. Sept. 20, at City HaJJ, 100
r Staff Writer NWFirltAve.
~ .... nppon
~ You can double stonnwater taxe., paRI a S41 mil- About 3,000 re.ïdents pay extra feel for the ser-
vice. Several neiplkwbooda hate the idea of trash
~ lion budget without much comment, but when it cans beinc left. 11& the c:u.rb saying it makes the
. comes to garbage service, watch out.
~ Delray Beach city commissioners are considering streets look terrible on garbage pickup day. Othen
worry that trash eana left outside all day are an invi-
~ a plan that may increase garba¡e rates by about $1. tation for burglan.
month. But the most controversial.spect of the plan
~ is a proposal to eliminate rear-door and side-door AJ~*~Hves in the Chatelaine develop-
Ä garbage pickup. men se1'Viee makes a big dift'e1'ence.
The issue will be discussed during a workshop "I'm appalled that this is even being brought up in
'f an All-America City," she says. "We want to be a
beautiful city wid\ beautitbl.t1'eets."
~ Trash ~dra AJ~I. p....ident of the Beach Property
Owners Aøociatien ........ She lay' residents aJong
~ Continued trom Page 1 the beach will gladly pay extra to keep the service.
She also warned ee...iuionerø to seek more opin-
"It needs to be looked at very seriously," says ions before mw.., . decilion.
" Harden. "We need to proceed in a very deliberate Waste Management of Palm Beach, the city's pri-
, fashion," vate contract truh haulers. hired a consultant who
i
" Mayor Tom Lynch asked city staft' to inform surveyed residents with rear door service. According
. . homeowner associations and the President's to the survey,_ 54 ~refl!nt would be wiUing to
Council, an organization of association leaders so ~ abandon the &ervice in exchange for lower pickup
that their views can be made known at the work· rates.
shop. ..AlI!u and others question the reliability of the
The change of service and rates is prompted by a survey.
... dispute between Waste Management, the city's "I just don't think there's a community acdama-
trash hauler, and the Solid Waste Authority, which f tion to withdraw btIck door service," she says.
disposes of waste. Vice Mayor J., AI~n wonders if residents
Waste Manapment officials say they they are ~ would change their lDinda if they realized that sav-
paying the Solid Waste Authority more money than ings may not amount to much.
they are coJ1ectingfTom Delray Beach customers. ·People might not care Wits going to save them 20
The cOIß..P8J!y has proposed eliminatinc rear door cents every time they take the garbage out."
service in order'to save time and money during their Bi8torica11y. bi, i..ue
Delrtiy rounds. City Manager David Harden says in his experi-
ence garbage rates and services can be an explosive
-- e..' en ~INM~' ...........................~ issue. He urged commissioners to take a close look at
GOLD CAST. .................................................17 the options before making a decision. He also asked
PEOPLE. ............................................. ............_13 them to consult with al1 neighborhoods that would
SOCIALLY. .................. ....... ....... .......... ...... .......20 be affected,
See TRASH on Page 8
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!
ORDINANCE NO. 72-94 I
, AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 53,
"RESIDENTIAL, INDUSTRIAL AND COMMERCIAL WASTE" , I
,
SECTION 53.130, "USER CHARGES; WHOLESALE SEWER RATES; :
CALCULATION OF SEWER SURCHARGE" , OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY
I AMENDING SUBSECTION 53.130(D) TO PROVIDE FOR AN
I INCREASE IN THE SEWER RATE STRUCTURE; PROVIDING A
I
I i
I GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN
i EFFECTIVE DATE.
:/ NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
1\ CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: .-
I'
Section 1. That Title V, "Public Works" , Chapter 53, I
"Residential, Industrial and Commercial Waste" , Subheading "User I
i Charge and Industrial Cost Recovery System" , Section 53.130, "User
Charges; Wholesale Sewer Rates; Calculation of Sewer Surcharge",
Subsection 53.130(D), of the Code of Ordinances of the City of Delray
Beach, Florida, be, and the same is hereby amended to read as follows:
(D) The following rates and charges shall be collected from
! the users of the city sewerage system:
;
( 1 ) Residential dwelling units. A monthly sanitary
sewerage service charge is imposed upon each residential dwelling
unit, as more specifically set forth hereinafter, to which sanitary
sewerage service is available through the facilities afforded by the
municipally-owned sewerage, according to the following schedule:
I
i
Residential Inside City Outside City
(a) Customer charge $1./" L.ll. $ 1./f}¡ .L..ll I
(b) Capacity charge
(per residential
dwelling unit) f}/7.7 .i..ll 1.1./'~ 11.93
(c) Commodity charge
(based on metered
i water with maximum
,
, of 12,000 gallons):
I
,
,
I I
I I
,
i I
I City (per 1,000
I gallons) J./~f, .L...ll J.I¡~ .l......Jj,
I South Central
¡ Regional Wastewater
I i
Treatment and i
I
Disposal Board !
(per 1,000 gallons) 17J. .J.J. I"~ ......2..l I
\
I NOTES: Where no water service is provided and the user is
I connected to the sanitary sewer system, there shall be a monthly
Î customer charge of $5.00 per residential dwelling unit, and the
,I commodity charge shall be based on the maximum of 12,000 gallons.
'I This is in addition to the capacity charges as set forth above.
:1
i
Where no water service is provided and the user is not
I connected to the sanitary sewer system, and sewer service is available
for connection, there shall be a monthly customer charge of $5.00 per i
residential unit and a capacity charge as set forth above. I
(2 ) Nonresidential/commercial units. A monthly
sanitary sewerage service charge is imposed upon each nonresidential
and commercial unit to which sanitary sewerage service is available
through the facilities afforded by the municipally-owned sewerage
system, according to the following schedule:
Nonresidential/Commercial Inside City Outside City
(a) Customer charge: $ "/./', ~ $ "/./~¡ .l.....:l.2.
(b) Capacity charge
(per meter):
3/4-inch meter $ ~/7.7 ~ $ J.J./~f, 11.93
l-inch meter J.'/~f, 15.94 J.~/¡' 19.93
1-1/2 inch meter ¡~/f,ø 31.79 ¡f,/~f, 39.74
2-inch meter ~~/~~ 50.88 øJ.17~ 63.59
3-inch meter J.f f,/J.' 111.39 J.¡'IJ.fJ 139.25
4-inch meter J.fJ~/øJ. 200.45 7.~¡/'/.7 250.57
6-inch meter ~¡'/.I'J. 445.49 '~f lø¡ 556.85
I
- 2 - Ord. 72-94
No. I
:
,1
,
:1 (c) Commodity charge:
City (per 1,000
gallons) ¡/ØØ .L..il Jj')' ~
I ,
South Central I
Regional Wastewater I
I Treatment and
!
Disposal Board
(per 1,000 gallons) /71 .J.J. /~~ ......tl
NOTE: For those nonresidential/commercial units where water service
is not available, and the user is connected to the sanitary sewer
system or sewer service is available for connection, there shall be a
monthly customer charge of $5.00 and a capacity charge as set forth
above. The commodity charge shall be based on the average usage for
the type of business or nonresidential use. ¡-
Section 2 . That all ordinances or parts of ordinances in
[I conflict herewith be, and the same are hereby repealed.
'I
1 Section That should section provision of
¡ 3. any or this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 4. That this ordinance shall become effective
immediately upon passage on second and final reading, and the changes
set forth herein shall be applicable to all bills rendered on or after
October 1, 1994.
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
i
Second Reading l
1
I
- 3 - Ord. No. 72-94
¡
;1
,
,
MEMORANDUM
To: David T. Harden, city Manager
From: Joseph M. saffor~nce Director
Date:
September 9, 1994
Subject: Sewer Rate Changes
The Finance Department has revised the current sewer rate
structure by three percent (3%) in order to provide for budgeted
funds for the new water reuse project costs. This ordinance is
attached and marked accordingly for your approval.
As an example, a current sewer customer using 7,000 gallons of
water, would pay $23.35 and, under the revised rates, would pay
$24.03 per month. The difference would be $.68 per month or
$8.16 annually.
If this meets with your approval, please place this ordinance on ~
the September 13th agenda for Commission action.
cc: Larry Miller, UTB Manager
,
MEMORANDUM
To: David T. Harden, City Manager
From: Joseph M. sa~ance Director
Date: September 9, 199
Subject: Water Rate Changes
The Finance Department has revised the current water rate
structure by three percent (3% ) in order to provide for budgeted
funds for the new water reuse project costs. This ordinance is
attached and marked accordingly for your approval.
As an example, a current water customer using 7,000 gallons
would pay $16.57 and, under the revised rates, would pay $17.06.
The difference would be $.49 per month or $5.88 annually.
If this meets with your approval, please place this ordinance on
the September 13th agenda for Commission action.
~
cc: Larry Miller, UTB Manager
,
i
I ORDINANCE NO. 71-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 52, "WATER" ,
SECTION 52.34, "WATER RATES", OF THE CODE OF i
i
ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY
AMENDING SUBSECTION 52.34(B) TO PROVIDE FOR AN
! INCREASE IN THE WATER RATE STRUCTURE; AMENDING
SUBSECTION 52.34(D) TO PROVIDE FOR AN INCREASE IN
FIRE HYDRANT RENTAL, STANDPIPE AND SPRINKLER CHARGES;
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE,
AND AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
, CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
,
i
Section 1. That Title V, "Public Works" , Chapter ~52,
"Water" , Subheading "Rates, Charges, and Fees", Section 52.34, "Water
I Rates" , Subsection 52.34(B)", of the Code of Ordinances of the City of
¡ Delray Beach, Florida, be, and the same is hereby amended to read as
,¡ follows:
I
(B) Monthly rates. The monthly rates (except for fire
hydrants as set forth in Sec. 52.03) for water furnished by the water
facilities or plant of the city to customers within and outside the
corporate limits of the city, which unless otherwise indicated shall
include the appropriate customer charges, capacity charges, and
commodity charges for all customers, are fixed as shown in the
following schedule:
Inside Outside
Type of Customer City City
¡ Residential
Customer charge
(per meter) $ 11" ~ $ 111'1 .L..ll
Capacity charge
, (charged to all i
I customers, per !
:1 residential
I dwelling unit) 7/J¡ ~ 11''1 ~
I
,
ì
il
:1
'I
'I
,
Commodity charge
(all metered
consumption-per 1,000
gallons)
Zero to 3,000 gallons 1/'1'1 .L.Q.J. 1/7.' ~
4,000 to 20,000 gallons 1/1'1 .L..l.J. 1/1' L.U
21,000 to 35,000 gallons 1/¡'1 .L.H 1/''1 ~
36,000 to 50,000 gallons 1/1'1 .L..lJ. 1./~1 .L..ll
Above 50,000 gallons 1/''1 .l....2.2. 1/" 1.....li
Nonresidential and Irrigation
Customer charge
(per meter) $ 1/" .1......6.Q. $ 1/'11 .L.li
Capacity charge ~
(based upon
meter size):
3/4-inch meter 7/~7. ~ '11'1 .2.....U
1-inch meter 1¡171 13. 11 1'/'11 16.39
1-1/2-inch meter 7.'/1' 26.14 11/71 32.68
2-inch meter ~'1/~1 41.85 ''117' 52.30
3-inch meter "1'1' 91.62 11111.'1 114.53
4-inch meter 1~'11'17 164.87 ¡'1'1/'1' 206.08
6-inch meter 1"/71 366.40 ~~~/~~ 458.00
Commodity charge
(all metered
consumption-per
1,000 gallons) 1/1'1 .L..l.J. 111' L.U
NOTE: Whenever both residential and nonresidential users are on the
same meter, the capacity charge is to be computed at the
nonresidential rate.
Section 2. That Title V, upublic Works" , Chapter 52,
"Water" , Subheading "Rates, Charges, and Fees U , Section 52.34, "Water
Rates", Subsection 52.34(D)", of the Code of Ordinances of the City of
Delray Beach, Florida, be, and the same is hereby amended to read as
follows:
I
! - 2 - Ord. No. 71-94
,
./ (D) Fire hydrant/standpipe charges (annual) .
Fire hydrant rental
(per fire hydrant) Charges
!
Inside city, annually $1~'1Ç1Ç1 5169.95 ¡
Outside city, annually 7Ç1~/7' 212.44
,
I
Standpipes and sprinklers
charge (per separate system)
Inside city, annually $1~'1Ç1Ç1 5169.95
Outside city, annually 7Ç1~/7' 212.44
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 I
ordinance or any portion thereof, any paragraph, sentence, or word be I
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, and the changes
set forth herein shall be applicable to all bills rendered on or after
Oc tober 1, 1994.
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 - 3 - Ord. No. 71-94
,
I
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT: AGENDA ITEM # vV~ j7 - MEETING OF SEPTEMBER 20, 1994
STORMWATER DRAINAGE/S.W. 10TH STREET PHASE II:
DATE: SEPTEMBER 16, 1994
Environmental Services will review the drainage aspects of the
project at the work session.
,
I
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