10-18-94 Regular
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CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION REGULAR MEETING b:àd
, AII·Amenca City
OCTOBER 18, 1994 - 6:00 P.M./PUBLIC HEARING 7:00 P.M. 1 , II I '
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 acti-
vity conducted by the City. Please contact Doug Randolph 243-7127
(voice) , or 243-7199 (TDD) , 24 hours prior to the program or activity In
order for the City to reasonably accommodate your request. Adaptive
listening devices available for meetings in the Commission Chamber.
RULES FOR PUBLIC PARTICIPATION
1. PUBLIC COMMENT: The public is encouraged to offer comments with :he
order of presentation being as follows: City Staff, public comments,
Commission discussion and official action. City Commission meetings are
business meetings and the right to limit discussion rests with the
Commission. Generally, remarks by an individual will be limited to three
minutes or less, (10 minutes for group presentations) . The Mayor or
presiding officer has discretion to adjust the amount of time allocated.
A. Public Hearings: Any citizen is entitled to speak on ite::;s
under this section.
B. Comments and Inquiries on Non-Agenda Items from the Public: .Z\:1 y
citizen is entitled to be heard concerning any matter within the
scope of jurisdiction of the Commission under this section. The
Commission may withhold comment or direct the City Manager to take
action on requests or comments.
C. Regular Agenda and First Reading Items: When extraordinary
circumstances or reasons exist and at the discretion of :~.e
Commission, citizens may speak on any official agenda item undo:; :-
" these sections.
2 . SIGN IN SHEET: Prior to the start of the Commission Meetin~,
individuals wishing to address public hearing or non-agendaed i te~.s
should sign in on the sheet located on the right side of the dais. .
~ -
you are not able to do so prior to the start of the meeting, you ~.3";
still address the Commission on an appropriate item. The primary purpcs~
of the sign-in sheet is to assist staff with record keeping. Therefo:'o:; ,
when you come up to the podium to speak, please complete the slgn-~:~
sheet if you have not already done so.
3 . ADDRESSING THE COMMISSION: At the appropriate time, please step
to the podium and state your name and address for the record. ' ' ,
M~_
comments must be addressed to the Commission as a body and not . -
individuals. Any person making impertinent or slanderous remarks or ·N':'. ~
becomes boisterous while addressing the Commission shall be barred by ~~~
presiding officer from speaking further to the Commission un::'o:;ss
permission to continue or again address the Commission is granted ~ .
majority vote of the Commission member present.
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APPELLATE PROCEDURES
Please be advised that if a person decides to appeal any decision made by
the City Commission with respect to any matter considered at this meeting
or hearing, such persons will need a record of these proceedings, and for
this purpose such persons may need to ensure that a verbatim record of
the proceedings is made, which record includes the testimony and evidence
upon which the appeal is to be based. The City will neither provide nor
prepare such record.
AGENDA
1. Roll Call.
2. Invocation.
3. Pledge of Allegiance to the Flag.
4. Agenda Approval.
Action: Motion to Approve.
5. Approval of Minutes:
Regular Meeting of September 27, 1994
Regular Meeting of October 4, 1994
6. Proclamations:
A. Recognizing and commending Judy McConnell, Habitat for Humanity
B. Recognizing the 30th Anniversary of the Delray Art League
C. Red Ribbon Week - October 24 to 28, 1994
D. Operator Appreciation Weeks - October 17 to 28, 1994
E. "Make a Difference" Day - October 22, 1994
F. Year of the Celebration of the United Nations' 50th Anniversary
7. Presentations:
A. Kathleen Daley - 1995 Legislative Session
B. Matt Gracey - Tennis Center Patrons Program
C. Gee and Jensen - Pompey Park Pool
8. Consent Agenda: City Manager recommends approval.
A. RESOLUTION NO. 82-94: Approve Resolution No. 82-94 declaring
the City's official intent to seek reimbursement from the
proceeds of the 1994 Utility Tax Bond Issue for expenditures
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made with respect to the construction of the Golf Course
Clubhouse.
B. RESOLUTION NO. 83-94: Approve Resolution No. 83-94 authorizing
the issuance of not to exceed $1,400,000 of Tourist Development
Tax Revenue Notes, Series 1994, pursuant to a line of credit
through Barnett Bank of Palm Beach County, for the purpose of
financing the Tennis Center Phase III project.
C. AUTHORIZATION OF MAYOR/1994 UTILITY TAX BOND ISSUE: Authorize
the Mayor or his designee to deem the preliminary official
statement final upon recommendation by staff and bond counsel
and to do all things necessary relative to the issuance of the
1994 Utility Tax Revenue Refunding and Improvement Bond Issue.
D. EXTENSION OF BANKING SERVICES CONTRACT /BARNETT BANK OF PALM
BEACH COUNTY: Approve a two year extension (through September
30, 1996) of the banking services contract with Barnett Bank of
Palm Beach County, at the current contract price of
approximately $45,000.00 per year i with funding from Other
Professional Services - Various Funds.
E. FINAL PLAT APPROVAL/SUAREZ MOBIL: Approve the final plat for
Suarez Mobil, an approved gasoline station located at the
southeast corner of West Atlantic Avenue and Military Trail,
subject to the recommended condition.
F. FINAL PLAT APPROVAL/THE ENCLAVE AT THE HAMLET: Approve the
final plat for The Enclave at The Hamlet, a nine lot single
family zero lot line development located along Greensward Lane
South within The Hamlet.
G. INTERLOCAL AGREEMENT/HOUSING OPPORTUNITIES FOR PEOPLE WITH AIDS
(HOPWA) : Approve an Interlocal Agreement with the City of West
Palm Beach, the City of Boca Raton and Palm Beach County in
order to carry out the intent of the Federal Housing
Opportunities for People with AIDS (HOPWA) Entitlement Program,
and authorize its execution.
H. CDBG FUNDING AGREEMENTS WITH NON-PROFIT AGENCIES: Authorize
the execution of Community Development Block Grant Funding
Agreements with five non-profit agencies, as follows: Boys and
Girls Club of South Palm Beach County, Alpha-Time Children's
Center, Community Child Care Center, MAD DADS, and the Urban
League.
r. SUBLEASE EXTENSION/CASON COTTAGE: Approve sublease extension
between the Delray Beach Historical Society and the Palm Beach
County Preservation Board for the use of Cason Cottage. The
sublease change provides for a month-to-month extension as
needed.
J. AGREEMENT WITH FLORIDA INLAND NAVIGATION DISTRICT/JOINT FUNDING
OF SEAWALL REHABILITATION PROJECT: Approve an agreement with
Florida Inland Navigation District (F.I.N.D.) for joint funding
of the Seawall Rehabilitation Project, providing for the
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reimbursement of fifty percent (50% ) of the cost of
construction.
K. SETTLEMENT AGREEMENT/UTILITY EASEMENT FOR FIRE STATION NO. 3:
Approve an Agreement between Scott Emerson, Michael Hole and
the City regarding acquisition of a 12 ft. utility easement for
Fire Station No. 3 in the amount of $640.00.
L. AGREEMENTS FOR COMPLETION OF SUBDIVISION IMPROVEMENTS AND
GUARANTEE/LINTON OFFICE PARK: Approve agreements between P&J
Development Corporation and the City for completion of
subdivision improvements and guarantee for Linton Office Park.
M. RESOLUTION NO. 84 - 94: Approve a resolution assessing costs
for abatement action required to remove nuisances on sixteen
properties throughout the City.
N. RATIFICATION OF APPOINTMENTS TO KIDS AND COPS COMMITTEE:
Ratify the appointment of Mr. Thomas J. Bruckner as the Banyan
Creek Elementary School representative and Ms. Nancy Gross as
the Pine Grove Elementary School representative to the Kids and
Cops Committee for terms ending April 22, 1996.
O. AWARD OF BIDS AND CONTRACTS:
1. Bid Award - to various vendors, via Palm Beach County
Co-op Contract, for gasoline and diesel fuel, in the
amount of $145,272.22, with funding from the Garage
Inventory - Fuel (Account No. 501-3311-591-52.51) , and
Golf Course Fuel - Other (Account No. 445-4714-572-52.11) .
9. Regular Agenda:
A. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Consider
accepting the actions and decisions made by the Planning and
Zoning Board, Site Plan Review and Appearance Board and the
Historic Preservation Board during the period October 3 to
October 14, 1994.
B. BOCA RATON FUTURE LAND USE MAP AMENDMENT/BOCA MARKETPLACE:
Review and consider formal comment on a proposed amendment to
Boca Raton's Future Land Use Map from Industrial to Commercial
for Boca Marketplace, located at I-95 and Congress Avenue.
C. REQUEST FROM ROOTS COMMITTEE FOR WAIVER OF POLICE OVERTIME:
Consider waiving police overtime costs for the Roots Cultural
Festival in the amount of $3,122.97.
D. REVISED GOLF COURSE MANAGEMENT AGREEMENT: Consider approval of
a revised Management Agreement with BJCE, Inc. for the period
October, 1994 through September, 1995.
E. BID AWARD FOR LANDSCAPE MAINTENANCE (ATLANTIC AVENUE GREENWAY) :
Consider award of bid to third low bidder, Complete Property
Services, as the lowest responsible bidder, for landscape
maintenance (Atlantic Avenue Greenway Plan) , in the estimated
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annual amount of $16,299.00i with funding from the
Beautification Trust Fund - Repair and Maintenance Services
(Account No. 119-4144-572-46.40) .
F. SERVICE AUTHORIZATION NO. 13/GEE & JENSON E-A-P, INC. :
Consider Service Authorization No. 13 with Gee & Jenson E-A-P,
Inc. in the amount of $12,286.00 for the preparation of
landscape and irrigation plans for North Federal Highway,
between Bond Way and Gulfstream Boulevard.
G. AUTHORIZATION FOR APPEAL IN CITY V. AGRICULTURAL, ET AL
(AERO-DRI CASE) : Consider authorizing an appeal of the
District Court ruling which found that there :LS no personal
injury protection coverage available under the insurance
policies.
H. APPOINTMENT TO THE EDUCATION BOARD: Appoint a member to the
Education Board to fill an unexpired term ending July 31, 1995.
10. Public Hearings:
A. ORDINANCE NO. 71-94: An ordinance amending Section 52.34,
"Water Rates", of the City's Code to provide for an increase in
the commodity charge for water service.
B. ORDINANCE NO. 72-94: An ordinance amending Section 53.130,
"User Chargesi Wholesale Sewer Ratesi Calculation of Sewer
Surcharge" , of the City's Code to provide for an increase in
the commodity charge for sewer service.
C. ORDINANCE NO. 68-94: An ordinance designating the Milton-Myers
Post No. 65, The American Legion of the United States, located
at 263 N.E. 5th Avenue, as a Local Historic Site.
D. ORDINANCE NO. 64-94: An ordinance amending the City's Code by
enacting a new Chapter 57, "Telecommunication Right-of-Way
Permits" , to require companies who install communication
systems within City rights-of-way to obtain a permit and to pay
an annual fee.
E. ORDINANCE NO. 65-94: An ordinance amending the City's Code by
enacting a new Chapter 58, "Wireless Communications Systems" ,
to regulate the placement of cell sites throughout the City,
and establishing a permitting process, fees for the permits,
and a fee collection process.
F. ORDINANCE NO. 74-94: An ordinance amending Section 4.4.26,
"Light Industrial (LI) District" , of the Land Development
Regulations by deleting certain requirements for properties
which are zoned LI but which are not located within wellfield
protection zones.
G. ORDINANCE NO. 75-94: An ordinance amending Section 4.4.19,
"Mixed Industrial and Commercial (MIC) District" , Subsection
(H) , "Special Reg~lations", of the Land Development Regulations
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to require that all principal and conditional uses must be
conducted within an enclosed building.
H. ORDINANCE NO. 76 - 94: An ordinance amending the Land
Development Regulations to allow the City Manager to grant
administrative relief for temporary satellite dishes and
outdoor retail display areas when associated with special
events.
I. ORDINANCE NO. 77 - 94: An ordinance amending the Land
Development Regulations by adding height and size limitations
for accessory structures in residential zoning districtsi
deleting "guest cottages" as a permitted use in multiple family
zoning districts.
J. ORDINANCE NO. 78-94: An ordinance amending Section 4.1.4, "Use
of Lots of Record", of the Land Development Regulations to
regulate the use of nonconforming lots of record in residential
zoning districts other than R-1-A.
K. ORDINANCE NO. 79 - 94 : An ordinance amending the Land
Development Regulations to allow Educational Facilities as a
conditional use and Home Tutorial Services as an accessory use
in residential zoning districtsi enacting specific regulations
for same.
L. ORDINANCE NO. 82 - 94: An ordinance amending the Land
Development Regulations by repealing Article 7.8, "Unsafe
Buildings", in its entirety, and enacting a new Article 7.8,
"Unsafe Buildings or Structures" , to provide rules and
regulations for the protection of citizens from unsafe
buildings or structuresi establishing requirements and
procedures.
M. ORDINANCE NO. 81-94: An ordinance amending Chapter 117,
"Landlord Permits", of the City's Code to provide for an
increase in the permit fee, adding certain clarifying language,
and amending certain language to reflect correct code
references.
N. ORDINANCE NO. 83-94: An ordinance amending Ordinance No. 20-94
which established the Kids and Cops Committee by amending
Section 2. thereof to provide for such other representation on
the committee as the City Commission may deem appropriate.
O. ORDINANCE NO. 84-94: An ordinance enacting revisions to
Chapter 53 of the City's Code regarding sanitary sewers.
11. Comments and Inquiries on Non-Agenda Items from the Public-
Immediately following Public Hearings.
A. City Manager's response to prior public comments and inquiries.
B. From the Public.
12. First Readings: None
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13. Comments and Inquiries on Non-Agenda Items.
A. Commission
B. City Attorney
C. City Manager
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[ITY DF DELRAY BEA[H
DElRA Y BEACH
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AII-America City
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WHEREAS, Judy McConnell is a dynamic and energetic
individual who exemplifies the ideals of community involvement;
and,
WHEREAS, Judy McConnell served as Executive
Director for Habitat for Humanity of Boca-Delray, Florida from
1992 until September, 1994 and is leaving due to her husband's
transfer with IBM to Raleigh, North Carolina; and,
WHEREAS, during Judy's tenure with Habitat for
Humanity of Boca-Delray she was instrumental in the development
and organization of all construction activities; and,
WHEREAS, Judy has been successful in creating
agreements with the City of Delray Beach and the City of Boca
Raton to build approximately ten (10) affordable homes; and,
WHEREAS, Judy has also worked diligently to secure
private donations to continue efforts in the south county area
to construct affordable housing units for low-income families.
NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the
City of. Delray Beach, Florida, on behalf of the City
Commission, do hereby congratulate and express our sincere
thanks and appreciation to
JUDY McCONNELL
for her dedicated, faithful, public service and further wish
her the best of health and happiness in Raleigh, North Carolina
and continued success in her work with Habitat for Humanity.
IN WITNESS WHEREOF, I have hereunto set my hand and
caused the Official Seal of the City of Delray Beach, Florida,
to be affixed this 18th day of October, 1994.
MAYOR
THOMAS E. LYNCH
SEAL
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[ITY OF DELRAY BEA[H
DElRA Y BEACH
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AI~America City
, III'! PROCLAMA TIO.Y
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WHEREAS, in 1965, a few local artists from the
Delray-Boynton area joined forces and the Delray Art League
came into being; and,
WHEREAS, their primary purpose was to bring culture
to Delray and to give local artists an opportunity to meet,
discuss, critique, display and to sell their art work; and,
WHEREAS, after holding a number of shows in town a
decision was made to incorporate; therefore, on May 27, 1965
the Delray Art Foundation became official; and,
WHEREAS, the original thirty members grew in leaps
and bounds to well over 600 by 1979 requiring them to move
their meeting location numerous times until today they meet at
the South County Civic Center; and,
WHEREAS, the League awards annual scholarships to
local talented high school graduates interested in pursuing a
fine arts career and grants the recipients Honorary Membership
in the League.
NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the
City of Delray Beach, Florida, on behalf of the City
Commission, hereby congratulate the
DELRAY ART LEAGUE
for thirty (30) years of success and hereby acknowledge the
efforts of the League to become a part of the local activities
and encourage them to continue to advance the public interest
and growth of creative art in Delray Beach.
IN WITNESS WHEREOF, I have hereunto set my hand and
caused the Official Seal of the City of Delray Beach, Florida,
to be affixed this 18th day of October, 1994.
MAYOR
THOMAS E. LYNCH
SEAL
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THE EFFORT ALWAYS MATTERS laB
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[ITV OF DELAAY BEA[H
DElRA Y BEACH
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AI~America City
, , III; PROCLAMA TIO.Y
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WHEREAS, drug abuse in Florida has reached
epidemic stages, and the 15-24 year old group is dying at a
faster rate than any other age group; and,
WHEREAS, it is imperative that a united effort of
community members be launched to reduce the demand for
drugs; and,
WHEREAS, drug availability has increased to a
point where no community, home or school is immune from the
problem. Recent reports show that alcohol and drugs were
associated with: 80% of men arrested for crime, 49% of
murders, 50% of traffic fatalities, 52% of rapes and 62% of
assaults; and,
WHEREAS, business, government, law enforcement,
schools, religious institutions, service organizations,
youth, physicians, senior citizens, military, sports teams
and individuals will demonstrate their commitment to
drug-free, healthy lifestyles by wearing and displaying red
ribbons during this week-long campaign; and,
WHEREAS, the community of Delray Beach, Florida,
further commits its resources to ensure the success of the
Red Ribbon Campaign.
NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the
City of Delray Beach, Florida, on behalf of the City
Commission do hereby proclaim the week of October 24, 1994,
as
RED RIBBON WEEK
in the City of Delray Beach, Florida, and encourage its
citizens to participate in drug prevention education
activities, making a visible statement that we are strongly
committed to a drug free community. I further encourage all
citizens to pledge: -No use of illegal drugs and no illegal
use of legal drugs-,
IN WITNESS WHEREOF, I have hereunto set my hand
and caused the Official Seal of the City of Delray Beach,
Florida, to be affixed this 18th day of October, 1994.
MAY 0 R
THOMAS E. LYNCH
SEAL .
THE EFFORT ALWAYS MATTERS he!-
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.
[ITY OF DELRAY BEA[H
DElRA Y BEACH
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AI~America City
"111,; PROCLAMA TIO.\/
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WHEREAS, the next time you dial "411" you could be
the Directory Assistance operator's 1,200th call of the day;
and,
WHEREAS, on the average, the "0" operator, who
helps customers complete a variety of local and long distance
calls, receives about 900 call per day; and,
WHEREAS, the Southern Bell operators in Florida
handled almost 400 million calls over the last 12 months.
Southern Bell is recognizing them for the role they play in
providing service to its customers by observing Operator
Appreciation Weeks during the weeks of October 17, 1994 through
October 28, 1994.
NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the
City of Delray Beach, Florida, on behalf of the City
Commission, do hereby proclaim October 17, 1994 through
October 28, 1994 as
OPERATOR APPRECIATION WEEKS
in Delray Beach, Florida, and urge all citizens to recognize
the tremendous amount of personal customer contact and the
vital importance of these men and woman.
IN WITNESS WHEREOF, I have hereunto set my hand and
caused the Official Seal of the City of Delray Beach, Florida,
to be affixed this 18th day of October, 1994.
MAY 0 R
THOMAS E. LYNCH
SEAL
.
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[ITY DF DELRAY BEA[H
DElRA Y BEACH
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AJl.America City
'1111' PROCLA¡WA rIO.\"
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WHEREAS, USA WEEKEND is sponsoring "Make a
Difference Day", a National Day of Volunteering, on Saturday,
October 22, 1994; and,
WHEREAS, every day many outstanding citizens of
Delray Beach, Florida, from every age group and every walk of
life, 'Make A Difference' through volunteerism in nursing
homes, hospitals, day care centers, senior citizen centers,
social service agencies, city government and persons in need;
and,
WHEREAS, in the tradition of volunteerism, the
citizens of Delray Beach truly epitomize the statement "ONE
PERSON GIVING OF THEMSELVES CAN MAKE A DIFFERENCE".
NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the
City of Delray Beach, Florida, on behalf of the City
Commission, do hereby proclaim October 22, 1994 as
"MAKE A DIFFERENCE DAY"
in the City of Delray Beach, Florida, and urge all of its
citizens to join together in a special effort to reach out and
'Make A Difference' in someone's life on this day.
IN WITNESS WHEREOF, I have hereunto set my hand and
caused the Official Seal of the City of Delray Beach, Florida,
to be affixed this 18th day of October, 1994.
MAYOR
THOMAS E. LYNCH
SEAL
,
THe' E"¡::ORT ALWAYS MATTERS fo/Ç
.,
£ITY OF DELRAY BEA[H
DELRA Y BEACH
~'~.:~ 1 ;)0 1,,_ ....\Ii:::·\-.)':: -=:,;~V.:).:.. (=E.,.'..L~ - ~ ::>A JJJ,¡.¡ "
AI~America City
, I II'! PROCLAMA TIOS
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WHEREAS, the United Nations was founded at the end
of World War II in an effort to vanquish aggression and to
prevent further world wars; and,
WHEREAS, in October 1995, the United Nations will
celebrate the golden anniversary of its establishment--fifty
years in which it has promoted peace and justice in the world,
through feeding and clothing children in developing nations
through UNICEF; battling such deadly diseases as AIDS and
chicken pox through the World Health Organization; sending
troops to keep peace in troubled areas of the world, including
Cyprus, Lebanon, and Bosnia; sending nuclear weapons inspectors
to Iraq, North Korea, and other nations; and keeping the peace
in a variety of ways; and,
WHEREAS, the United Nations helps in the fight
against global narcotics traffic, scourges such as malnutrition
and tuberculosis, and works toward the goal of a cleaner
environment; and,
WHEREAS, the Fiftieth Anniversary of this world
body gives all Americans an opportunity to salute these efforts
and to rededicate ourselves to the principles of respect for
all peoples, world peace, and efforts at understanding and
reconciliation among all peoples.
NOW, THEREFORE, I, THOMAS E. LYNCH , Mayor of the
City of Delray Beach, Florida, on behalf of the City
Commission, do hereby proclaim that October 1994 - October 1995
shall be known as the
YEAR OP THE CELEBRATION OP THE UNITED NATIONS
in Delray Beach, Florida, and urge all our citizens to
participate in local ceremonies and celebrations in honor of
this international organization, including educational programs
in our schools, and let us all use this time to renew and
rededicate ourselves in our own lives to realizing the
principles of consensus and reconciliation upon which the
United Nations was founded.
IN WITNESS WHEREOF, I have hereunto set my hand and
caused the Official Seal of the City of Delray Beach, Florida,
to be affixed this 18th day of October, 1994.
MAY 0 R
THOMAs E. LYNCH
SEAL
THE EFFORT ALWAYS MATTERS ~F
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Kathleen E. Daley
& Associates, Inc. 1.0 '
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MEMORANDUM
TO: MAYOR TOM LYNCH
VICE MAYOR JAY ALPERIN
COMMISSIONER KEN ELLINGSWORTH
COMMISSIONER DAVID RANDOLPH
COMMISSIONER BARBARA SMITH
THROUGH: DAVID HARDEN, CITY MANAGER
FROM: KATHLEEN E. DALEY
DATE: OCTOBER 12, 1994
SUBJECT: PRELIMINARY WORK PROGRAM FOR THE 1995 LEGISLATIVE SESSION
The following is an outline of the legislative issues we have
started working on. The League of Cities Legislative Conference is
November 17 & 18 and I am sure we will be adding to our list at
that time. However, I wanted to give you an idea of what we have
been working on, watching, and researching. I will be back in
January for the final adoption of our legislative priorities. In
the mean time, if there are any issues which you would like me to
look into, please let me know.
1. COMMUNITY REDEVELOPMENT AGENCY
Amend Florida Statutes, Chapter 163, Part III, and add section
163.359 entitled "Validation of Creation of the Community
Redevelopment Agency."
Purpose: see attached
On October 4, CRA attorney Bob Federspiel and I met with House
and Senate staff regarding this legislation.
2. WASTEWATER RE-USE
This year we will be monitoring and doing defense work
regarding wastewater re-use. There are several proposals
being talked about. The following are possibilities:
A. State Water Aqencv: We will be watching closely any move
to create a State Water Agency. The push appears to be
from those entities which could possibly be a threat to
us. This proposed agency could be the beginning of a
regulatory board not unlike the PSC.
One Capitol Place . 108 East Jefferson Street, Suite C . Tallahassee, FL 32301
(904) 222-0000 . Fax: (904) 222-0095
.
Memorandum to City Commission
October 12, 1994
Page two
B. Land Use and Water Planninq Task Force: This task force
has been charged with making recommendations to the 1995
Legislature on procedures for establishing and amending
water policy.
C. Water Use Tax: This is being discussed, but is in it's
infancy stage.
3. ACCESS TO PUBLIC OFFICIALS
This will be a top priority by every local government in the
State. It should have passed last year, however, a last
minute floor error stopped it.
4. CITY ATTORNEY/VISIONS 2005
The following is a list of items recommended by Visions 2005.
1. Parenting classes for the parents of repeat juvenile
offenders.
2. When given a sentence of community service, the service
shall be done where the offense occurred. In addition,
each offender shall wear a uniform that denotes they are
an offender.
3. A juvenile offender will be tried within the community
where the offense occurred. Also, assign specific judges
to specific areas.
4. Stronger penalties for criminals.
In addition, I am watching the committee interim projects such
as the Tourist Development Tax, and the cost of crime to the public
and private sector, etc. Those and other projects will be near
completion towards the end of the year.
Due to this being an election year many bills will not be
filed until after November 8th.
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[IT' DF DELIA' BEA[H
DElRAY BEACH
F lOll: I [) A
tdtd 100 N.W. 1st AVENUE· DELRAY BEACH, FLORIDA 33444 . 407/243-7000
All-America City
, III I!
1993 MEMORANDUM
TO: David Harden
City Manager
FROM: Joe Weldon
Director of Parks and Recreation
SUBJECT: Pompey Park Pool Estimates
DATE: October 6, 1994
Attached please find cost estimates for the Pompey Park pool that
include a 1,200' diving area and two diving boards that were requested
by the Advisory Committee. I have asked Gee & Jenson to be prepared to
make a presentation at the City Commission meeting on October 18, 1994
concerning the design, construction and preliminary cost estimates of
the pool.
Ù ~
Parks and Recreation
Attachment
cc: Joe Safford, Finance Director
Jose Aguila, Asst. Construction Manager
Sharon Morgan, Agenda Coordinator
Richard Staudinger, Gee & Jenson ~: ¡J¿;rXudl
Carey Moulton, Gee & Jenson
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Ref:poolests ~ 6/1/95
@ P,mted on Recycled Paper THE EFFORT ALWAYS MATTERS 1C
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1 O. 06. 94 03:33 PM >t<GEE &. JENSON
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n QEE & JENSON
En~ineers·Architecls,Planner$. Inc.
One Harvard Clrcia
West Palm Beach, FL 33409
Telephone (407) 663-3301
October 5, 19;4 Fàx (407) 686-744B
Mr. Joe Weldon. Director
Parka & Recre.Uon Department
City of Oelray Beach
50 N. W. 1atAvenue
Celra)' Beach, FL 33444
Re: Pompey Park Pool and Bathhouse
D.ar Joe:
In reaponse to your request to incorporat. our Initial preliminary cost estimate and the Advisory
Committee" recent request to add two 1 m boards and diving well to the project scop., we off.r the
following:
Initial Preliminary
Qgst Estimate Quantitv UDit Price I21Il
1. Oemolitlon (Pool & Bath) - Allowance $50,000
2. Main Pool & Equipment 3,400 SF aSS/SF 221,000
3. Decking 6.750 SF $4/SF 27,000
4. Heat Pump - L.S. 80,000
5. Bathhouse Building 3,000 SF $75/SF 225,000
e. Fencing & Sltework -- L.S. 30,000
7. Wading Pool & Equipment 300 SF $65/SF 20,000
8. Pool Ughtlng Sy.tem (exterior) - L.S. 15.000
$668.000
Preliminary Analysis 8,000
Design Fe., Bidding and Negotiation, and Construction Administration 58,800
Construction Contingency 36.700
Subtotal $771,500
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·10. 06. 94 03: 33 PM *GEE &. ,JENSON
~ P03
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Mr. Joe Weldon, Director
Parks & Recreation Department
City of Delray Beach
OctQber 5, 1994· Page 2
9. Diving Well
COnstruction Cost 1200t pool area x 12' deep $90,000
Ceslgn Fees 6.300
Subtotal $96,300
5% Contingency ~.81e
Subtotal 101.115
Preliminary Estimate of Probable Cost Total $872,615
Should you have any questions or, require additional Information, please do not hesitate to call.
Very truly yours,
~~ /1~¿t"'/A~
Carey M Iton
Project anager
eM/rd
co: Richard Staudinger, p,e., Gee & Jenson
JOle Aguila, City of Delra')' Beach
Douglas O'Laughlln, P,E., Adair & Brady
94188
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M E M 0 RAN DUM
To: David T. ~~ Manager
From: Joseph M. rector of Finance
Subject: Resolution No. 82-94; Reimbursement Resolution
Date: October 12, 1994
The above referenced resolution declares the City of Delray Beach's official
intent to seek reimbursement for expenditures made with respect to the
construction of the Golf Course Clubhouse by proceeds of the proposed 1994
Utility Tax Bond Issue. These expenses include but are not limited to
architectural fees, engineering, demolition, and construction costs. This
resolution is required by tax law.
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RESOLUTION NO. 82-94
A RESOLUTION OF THE COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, DECLARING THE CITY OF DELRAY BEACH'S
OFFICIAL INTENT TO SEEK REIMBURSEMENT FOR CERTAIN CAPITAL
EXPENDITURES MADE AND TO BE MADE WITH RESPECT TO THE
DEMOLITION OF A CLUBHOUSE AND PRO-SHOP LOCATED ON THE CITY
OWNED GOLF COURSE AND THE DESIGN, ENGINEERING, i
CONSTRUCTION, AND EQUIPPING OF A NEW CLUBHOUSE, PRO-SHOP :
AND RELATED FACILITIES FROM THE PROCEEDS OF ITS NOT TO
EXCEED $8,500,000 UTILITY TAX REVENUE REFUNDING AND
IMPROVEMENT BONDS SERIES 1994 AND PROVIDING FOR EFFECTIVE
DATE.
WHEREAS, the City Commission of the City of Delray Beach, Florida
adopted on March 22, 1994, Resolution No. 27-94 supplementing Resolution No.
98-91, as amended and supplemented, for the purpose of authorizing the
issuance of the second series bonds under such resolution of not to exceed
$8,500,000 (herein, the "Bonds"); and
WHEREAS, pursuant to the Bond Resolution, the City is authorized to
borrow up to $8,500,000 to refund all or a portion of the City's outstanding
Utilities Tax Notes, Subordinate Series 1992 and Subordinate Series 1993, and
to finance all or a portion of the cost of acquiring, constructing and
equipping of a municipal golf course clubhouse and related facilities thereto
(collectively, the "Project"); and
WHEREAS, it is intended by the City that the interest on the Bonds
will be excludable from gross income for Federal income tax purposes; and
WHEREAS, the City has incurred or anticipates that it will incur
certain capital expenditures relating to the Project prior to the issuance of
the Bonds; and
WHEREAS, it was necessary for the City to incur within the last 60
days and the City will incur prior to the issuance of the Bonds certain
capital expenditures (herein, "Prior Expenditures") with respect to the
Project; and
i
i
, WHEREAS, such expenditures were paid out of Golf Course Fund monies I
of the City; I
and I
!
WHEREAS, the City incurred or will incur the Prior Expenditures with ¡
i
the expectation of seeking reimbursement from the proceeds of the Bonds; and I
WHEREAS, the City is now ready, willing and able to issue the Bonds;
and
Res. No. 82-94
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WHEREAS, the Internal Revenue Code of 1986, as amended, and the
regulations promulgated thereunder, permit the reimbursement of prior incurred
capital expenditures from the proceeds of tax-exempt obligations if the
issuer, among other things, declares its official intent regarding such
reimbursement; and
WHEREAS, it is intended by the Commission that this Resolution
constitutes such official intent with respect to the reimbursement of the
Prior Expenditures from a portion of the proceeds of the Bonds; and
NOW, THEREFORE, be it resolved by the Commission of the City of
Delray Beach, Florida, as follows:
SECTION 1. The recitals set forth above are adopted by the
Commission as the findings of the City and are incorporated herein.
SECTION 2. This Resolution constitutes the "official intent"
with respect to the reimbursement of the Prior Expenditures from a portion of
the proceeds of the Bonds as required by, and in conformance with, the
provisions of Section 1.150-2(e) of the Regulations.
SECTION 3. The expenditures to be reimbursed pursuant to this
Resolution have been incurred within 60 days prior to the date hereof or will
be incurred after the date hereof in connection with the Project.
SECTION 4. The City will, upon receipt of the proceeds of the
Bonds, allocate in writing the amount of proceeds used to reimburse the Prior
Expenditures. Such allocation will be accomplished within the later of 18
months from the earliest date such Prior Expenditures were incurred or the
date the Project is placed in service, but in no event later than 3 years
after the first Prior Expenditure was incurred.
SECTION 5. EFFECTIVE DATE. This Resolution shall be effective
immediately upon its adoption.
PASSED and ADOPTED in regular session on this 18th day of October,
1994.
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May
ATTEST:
Q£¡ @WJIl,Jùræ J/ aJ'iy
City C rk
2 Res. No. 82-94
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MEMORANDUM
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To:
From: Fin.nce
Subject: Re.olution No. '1,400,000 Touri.t Development Tax
Revenue Note., 1994
D.te: October 12, 1994
The above referenced re.olution .uthorize. . line of credit for '1,400,000 with
B.rnett B.nk of P.lm Be.ch county. The line of credit will provide fin.ncing
for Tennie Center Ph..e III (perm.nent .e.ting) .t . r.te of 4.22' for . period
of le.. than thr.. (3) ye.r. to mature March 1, 1997. The City will p.yb.ck the
line of credit with Bed T.x revenue. received by the County pur.uant to .
funding .gr....nt by and between the county and the City. The .gr....nt w..
.pproved by the City on September 20, 1994 .nd to be .pproved by the County on
October 18, 1994.
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RESOLUTION NO. 83-94
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRA Y
BEACH, FLORIDA, AUTHORIZING THE ISSUANCE OF NOT TO EXCEED
$1,400,000 IN AGGREGATE PRINCIPAL AMOUNT OF TOURIST
DEVELOPMENT TAX REVENUE NOTES, SERIES 1994, OF THE CITY OF
DELRA Y BEACH, FLORIDA, PURSUANT TO A LINE OF CREDIT MADE
AVAILABLE THROUGH BARNETI BANK OF PALM BEACH COUNTY FOR
THE PURPOSE OF PROVIDING ADDITIONS, EXTENSIONS AND
IMPROVEMENTS TO THE DELRAY BEACH TENNIS STADIUM;
PROVIDING FOR THE TERMS AND PAYMENT OF SAID TOURIST
DEVELOPMENT TAX REVENUE NOTES, SERIES 1994, AND THE RIGHTS,
REMEDIES AND SECURITY OF THE OWNERS THEREOF; MAKING
CERTAIN COVENANTS RELATING TO THE ISSUANCE OF SAID TOURIST
DEVELOPMENT TAX REVENUE NOTES, SERIES 1994; AUTHORIZING THE
PROPER OFFICERS OF THE CITY TO DO ALL OTHER THINGS DEEMED
NECESSARY OR ADVISABLE IN CONNECTION WITH THE ISSUANCE OF
SAID NOTES; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach, Florida (the
"City Commission"), hereby determines that it is in the best interest of the City of Delray
Beach, Florida (the "City"),to provide fInancing of the Improvements (as herein dermed)
to the City's Tennis Stadium (the "Stadium"); and
WHEREAS, the Stadium is a "professional sports franchise facility" within the
meaning of Section 125.0104(3)(1), Florida Statutes; and
WHEREAS, Palm Beach County Florida (the "County") has levied an
additional one percent (1 %) Tourist Development Tax, as authorized by Section
125.0104(3)(1) Florida Statutes, as amended and supplemented ("One Percent TD Tax"), to
pay debt service on bonds issued to fInance the construction, reconstruction, or renovation
of professional sports franchise facilities located in the County which will further, advance,
and promote County tourism; and
WHEREAS, the City has determined that it is necessary to authorize the
issuance of not to exceed $1,400,OOOaggregate principal amount of City of Delray Beach,
Florida, Tourist Development Tax Revenue Notes, Series 1994 (the "Notes"), for the
purpose of fInancing the costs of acquisition and construction of the Improvement; and
WHEREAS,pursuant to a funding agreement by and between the County and
the City (the ".Agreement"), the County has agreed to pay the debt service on the Notes with
a portion of proceeds of the One Percent TD Tax; and
WHEREAS, the Notes shall be secured by a pledge of and lien on the
proceeds of the One Percent TD Tax received from the County pursuant to the terms and
WP8\S.lHFORDS\47304. 4\16787 . 010000\ 10/10/94
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provisions of the Agreement and by a pledge of and lien on the other Pledged Revenues (as
such term is defmed below); and
WHEREAS, pursuant to that certain Agreement Regarding Line of Credit,
dated as of October 1,1994 (the "Line of Credit Agreement"), by and between Barnett Bank
of Palm Beach County (the "Bank"), and the City, the Bank has agreed to make available
to the City a closed-end line of credit in the aggregate principal amount of not exceeding
$1,400,000 (herein, the "Line of Credit"); and
WHEREAS, the City does not anticipate to issue tax exempt obligations in
calendar year 1994 in excess of $10,000,000; and
WHEREAS, the City Commission fmds that in light of present market
conditions and the unique nature of fmancing the Improvements contemplated pursuant to
this Resolution, it would be in the best interest of the City to sell the Notes to the Bank on
a negotiated basis.
NOW, THEREFORE, be it resolved by the City Commission of the City of
Delray Beach, Florida, as follows:
ARTICLE I
STATUTORY AUTHORITY; FINDINGS AND DEFINITIONS
SECTION 1.1. AUTHORITY FOR THIS RESOLUTION. This Resolution is
adopted pursuant to the provisions of the Charter of the City of Delray Beach, Florida, as
amended and supplemented, the Florida Constitution, Chapter 166, Florida Statutes, as
amended and supplemented, and other applicable provisions of law (collectively, the "Act").
SECTION 1.2. FINDINGS . It is hereby ascertained, determined and declared:
A, That the City hereby authorizes the following capital project and the
fInancing of such capital project: (i) the acquisition and construction of an additional 5,200
permanent spectator seats at the Stadium; (ii) the acquisition and construction of spectator
restrooms; and (iii) and all other costs and expenses associated therewith, as more fully set
forth in Section 1.2.D,hereof (collectively, the "Improvements"), Such Improvements shall
be initially finanr.ed from all or a part of the proceeds derived from the Notes issued
pursuant to this Resolution, all in accordance with plans and specifIcations fIled or to be
fIled with and approved or to be approved by the City Commission,
B. That it is necessary and essential to construct and acquire the
Improvements. in order to preserve and promote tourism in the County and that such
Improvements will be in the best economic interest of the City.
C, That the Improvements will serve a valid municipal purpose,
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D. That the cost of the Improvements shall be deemed to include, but not
be limited to, the cost of construction and improvements, the cost of real estate, including
easements and other interests therein, or any other property real or personal, necessary
therefor; administrative expenses; engineering and legal expenses; expenses for fiscal agents
or fmancial services; the fees and expenses of Bond Counsel; expenses for estimates of costs;
expenses for plans, specifications and surveys; and such other expenses as may be necessary
or incidental to the Improvements and the issuance of the Notes herein authorized.
E. That the principal of and interest on the Notes shall be secured solely
by and paid from the Pledged Revenues (as defmed herein); and the ad valorem taxing
power of the City will never be necessary or authorized to pay the principal of and interest
on the Notes, and the Notes issued pursuant to this Resolution shall not constitute a lien
upon any other property whatsoever of or in the City,
F, That the City, having previously solicited competitive bids for the sale
of the Notes, has detennined that the lowest bid for the Notes was delivered by the Bank.
G. That the Line of Credit Agreement, in the fonn attached hereto as
Exhibit B, is hereby approved, with such omissions, insertions and variations as may be
necessary and desirable, as evidenced by the City's execution thereof and the Mayor (or in
his absence, the Vice Mayor) and City Clerk are hereby authorized to execute the same on
behalf of the City,
H. The Agency hereby designates the Notes to be a "qualified tax-exempt
obligation" which the meaning of Section 265(b) of the Code,
SECTION 1.3. DEFINITIONS, That, in addition to terms defined elsewhere
in this Resolution, the following terms shall have the following meanings unless the context
otherwise clearly requires:
(a) " Act" shall mean the Florida Constitution, Chapter 166, Florida
Statutes, as amended and supplemented, the Charter of the City of Delray Beach, Florida,
as amended and supplemented, and other applicable provisions of the law.
(b) "Authorized Investments" shall mean any of the following:
(1) U.S. Obligations;
(2) bonds, debentures, notes or other evidences of indebtedness
payable in cash issued by anyone or a combination of any of the following
federal agencies: Farmer's Home Administration, Federal Housing
Administration, Maritime Administration, Public Housing Authority ,
Government National Mortgage Association;
WPIIISANFORDSI47304. 4\16787.010000110/10/94 3
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(3) the following investments fully insured by the Federal Deposit
Insurance Corporation ("FDIC") (i) certificates of deposit, (ii) savings account,
(iii) deposit accounts, or (iv) depository receipts of a bank, savings and loan
associations and mutual savings bank;
(4) certificates of deposit, either in excess of FDIC insurance or
without FDIC insurance, properly secured at all times, by collateral security
described in clause (a) and (b) above or secured as required for a "qualified
public depository" under the Florida Security for Public Deposits Act, being
Chapter 280, Florida Statutes, as amended, or any successor statute. Such
agreements are only acceptable with commercial banks, savings and loan
associations and mutual savings banks or other "qualified public depository";
(5) commercial paper rated in one of the two highest rating
categories by at least two nationally recognized rating agencies or commercial
paper backed by a letter of credit or line of credit rated in one of the two
highest rating categories;
(6) written repurchase agreements with any bank, savings institution
or trust company which is insured by the FDIC or with any broker dealer with
retail customers which falls under Securities Investors Protection Corporation
protection, provided that such repurchase agreements are fully secured by
collateral security described in clause (a) above, and provided further that (i)
such collateral is held by the City or any agent acting solely for the City
during the term of such repurchase agreement, (ii) such collateral is not
subject to lien or claims of third parties, (iii) such collateral has a market
value (determined at least once every 14 days) at least equal to the amount
invested in the repurchase agreement, (iv) the City has a perfected first
security interest in the collateral, (v) the agreement shall be for a term not
longer than 270 days, and (vi) the failure to maintain such collateral at the
level required in (iii) above will require the City to liquidate the collateral;
(7) money market funds rated in the highest rating category of
either Standard & Poor's Ratings Group or Moody's Investors Service, or any
successor thereto; and
(8) investments in the Local Government Surplus Funds Trust Fund
established pursuant to Part IV of Chapter 218, Florida Statutes, as amended,
or any successor trust fund established for the investment of surplus municipal
funds,
(c) "Bank" shall mean Barnett Bank of Palm Beach County, the initial
Noteholder,
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(d) "Bond Counsel" shall mean Greenberg, Traurig, Hoffman, Upoff, Rosen
& Quentel, P ,A. or any other fIrm of nationally recognized bond counsel selected by the
City.
(e) "City" shall mean the City of Delray Beach, Florida, a municipal .
corporation in the County of Palm Beach, State of Florida, and its successors and assigns.
(t) "City Commission" " shall mean the duly constituted governing body of
the City.
(g) "Code" shall mean the Internal Revenue Code of 1986, as amended, the
applicable Treasury Regulations promulgated thereunder and any administrative or judicial
interpretations of the same published in a form on which the City may rely as a matter of
law.
(h) "Debt Service Fund" shall mean the Delray Beach Note Debt Service
Fund, created and established pursuant to this Resolution and which is the fund in which
the Pledged Revenues shall be deposited by the City for the payment of the Notes in
accordance with the provisions hereof.
(i) "Defeasance Obligations" shall mean, to the extent permitted by law,
the following securities:
(1) U ,S. Obligations;
(2) Any bonds or other obligations of any state of the United States
of America or of any agency, instrumentality or local governmental unit of any
such state (i) which are not callable prior to maturity or as to which
irrevocable instructions have been given to the trustee of such bonds or other
obligations by the obligor to give due notice of redemption and to call such
bonds for redemption on the date or dates specifted in such instructions, (ii)
which are secured as to principal and interest and redemption premium, if
any, by a fund consisting only of cash or bonds or other obligations of the
character described in clause (1) hereof which fund may be applied only to
the payment of such principal of and interest and redemption premium, if any,
on such bonds or other obligations on the maturity date or dates thereof or
the redemption date or dates specifIed in the irrevocable instructions referred
to in subclause (i) of this clause (2), as appropriate, and (Hi) as to which the
principal of and interest on the bonds and obligations of the character
described in clause (1) hereof which have been deposited in such fund along
with any cash on deposit in such fund are sufficient to pay principal of and
interest and redemption premium, if any, on the bonds or other obligations
described in this clause (2) to and including the maturity date or dates thereof
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or to and including the redemption date or dates specified in the irrevocable
instructions referred to in subclause (i) of this clause (2), as appropriate;
(3) Evidences of indebtedness issued by the Federal Home Loan
Banks, Federal Home Loan Mortgage Corporation (including participation
certificates), Federal Financing Banks, or any other agency or instrumentality
of the United States of America created by an act of Congress provided that
the obligations of such agency or instrumentality are unconditionally
guaranteed by the United States of America or any other agency or
instrumentality of the United States of America or of any corporation
wholly-owned by the United States of America; and
(4) Evidences of ownership of proportionate interests in future
interest and principal payments on obligations described in clause (1) above
held by a bank or trust company as custodian,
(j) "Interest Rate" shall mean the rate of interest on the Notes which, when
calculated on an actual 365/366-day year basis, shall be equal to four and twenty-two
hundredths percent (4.22%) per annum.
(k) "Maturity Date" shall mean, with respect to the unpaid principal of and
interest on the Notes, March 1, 1997,
(1) "Notes" shall mean the not to exceed $1,400,000 aggregate principal
amount of Tourist Development Tax Revenue Notes, Series 1994, authorized by this
Resolution.
(m) "Noteholder" or "Owner" or "registered holder" or any similar term shall
mean the Bank or any successor institutional registered holder of the Notes, provided that
there shall never be more than 3 registered holders at anyone (1) time,
(n) "One Percent TD Tax" shall mean that portion of the one percent (1 %)
Tourist Development Tax, authorized by Section 125,0104(3)(1), Florida Statutes, as
amended and supplemented, which the County is obligated to pay over to the City for
deposit into the Debt Service Fund to pay debt service on the Notes pursuant to that certain
funding agreement by and between the County and the City (the" Agreement"),
(0) "PayingAgent" shall mean the City'sFinance Department or, if the City
Commission shall so determine by subsequent proceeding, any bank or trust company and
any successor bank or trust company appointed by the City to act as Paying Agent
hereunder.
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(P) "Payment Date" shall mean each March 1 and September 1
commencing March 1, 1995, including the Maturity Date or any date the principal of the
Notes is optionally prepaid in whole or in part.
(q) "Pledged Revenues" shall mean (i) all moneys on deposit in the Debt
Service Fund derived from the proceeds of the One Percent TD Tax paid to the City
pursuant to the Agreement required to be deposited therein and (ii) to the extent the
moneys described in clause (i) above are insufficient to pay debt service on the Notes (a
"Deficiency"), the City's legally available non-ad valorem revenues deposited in the Debt
Service Fund which the City shall covenant to budget and appropriate each fiscal year of
the City (by amendment to the budget if necessary) to cure such Deficiency,
Notwithstanding the foregoing covenant, the City does not covenant to maintain any City
program or benefits which are funded by such non-ad valorem revenues.
(r) "Registrar" shall mean the City's Finance Department or, if the City
Commission shall so detennine by subsequent proceeding, any bank or trust company and
any successor bank or trust company appointed by the City to act as Registrar hereunder.
(s) "Resolution" shall mean this Resolution as the same may from time to
time be amended and supplemented in accordance with the terms hereof,
(t) "U. S, Obligations" shall mean the direct obligations of, or obligations
on which the timely payment of principal and interest are unconditionally guaranteed by the
United States of America, and, if detennined by subsequent proceedings of the City
Commission, certificates which evidence ownership of the right to the payment of the
principal of, or interest on, such obligations.
Words importing singular number shall include the plural number and vice
versa, as the case may be, and words importing persons shall include fmns and corporations.
SECTION 1.4.RESOLUTION CONSTITUTESCONTRAC'r.1n consideration
of the acceptance of the Notes authorized to be issued hereunder by those who shall own
the same from time to time, this Resolution shall be deemed to be and shall constitute a
contract between the City and the Noteholder and the covenants and agreements herein and
therein set forth to be performed by said City shall be for the benefit, protection and
security of the Noteholder.
ARTICLE ß
AUTHORIZATION, TERMS, EXECUTION AND REGISTRATION OF NOTES
SECTION 2.1. AUTHORIZATION OF NOTES. Subject and pursuant to the
provisions of this Resolution, obligations of the City of Delray Beach. Florida. to be known
as "Tourist Development Tax Revenue Notes. Series 1994" are hereby authorized to be
issued in the aggregate principal amount of not exceeding One Million. Four Hundred
0fØ'SANf!RJS'47304.41l6787.01OOOOIl0/10/94 7
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Thousand Dollars ($1,400,000) for the purpose of providing financing for the costs of the
Improvements.
SECTION 2.2. DESCRIPI'ION OF NOTES, The text of the Notes shall be
substantially in the form attached hereto as Exhibit A with such omissions, insertions and
variations as may be necessary and desirable, as evidenced by the City's execution thereof.
The Notes (initially issued in one (1) typewritten certifIcate) shall be dated the
date of the first drawing. The Notes shall bear interest on the outstanding principal amount
of the Notes from time to time at the Interest Rate and shall be payable on each Payment
Date, commencing March 1,1995, Principal of the Notes shall be payable on each March 1
commencing March 1, 1995 in an amount necessary together with the interest payable on
each Payment Date to achieve as nearly as possible level debt service, On or before
February 28, 1995 the Bank and the City shall determine a debt service schedule in
accordance with the parameters set forth in the next preceding sentence. All unpaid
principal of the Notes and all accrued and unpaid interest on the Notes shall be payable on
the Maturity Date, The Notes shall be issued in registered form.
Principal and interest shall be payable at the office of the Paying Agent (the
designated corporate trust office of the Paying Agent if the City's Finance Department is
not the Paying Agent). The Notes shall be numbered in such manner as may be prescribed
by the Registrar.
The Notes shall be payable, with respect to interest and principal, in any coin
or currency of the United States of America which at the time of payment is legal tender
for the payment of public and private debts.
The City may prepay the Notes in whole or in part, at any time or from time
to time, without penalty or premium, by paying to the registered holder all or part of the
principal amount of the Notes, together with the unpaid interest accrued on the amount of
principal so prepaid to the date of such prepayment. Each prepayment shall be made on
such date and in· such principal amount as shall be specifIed by the City in a written notice
delivered to the registered owner not less than two (2) business days prior thereto. Notice
having been given as aforesaid, the principal amount stated in such notice or the whole
thereof, as the case may be, shall become due and payable on the prepayment date stated
in such notice, together with interest accrued and unpaid to the prepayment date on the
principal amount then being paid; and the amount of principal and interest then due and
payable shall be paid (i) in case the entire unpaid balance of the principal of the Notes is
to be paid, upon presentation and surrender of the Note or Notes to the office of the Paying
Agent (the designated corporate trust office, if the Paying Agent is not the City's Finance
Department), .and (ii) in case only part of the unpaid balance of principal of the Notes is
to be paid, upon presentation of such Note or Notes at the office of the Paying Agent (the
designated corporate trust office, if the Paying Agent is not the City's Finance Department)
for notation thereon of the amount of principal and interest on the Notes then paid or for
Ift\ SAHf(Ja S\47304. 4\ 16787.010000\10110194 8
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·
issuance of a replacement Note in the principal amount not redeemed, Notwithstanding the
provisions of clause (ii) above, if all of the Notes are registered in the name of the Bank,
a partial prepayment may be effected by payment to the Bank of the principal and interest
then due without surrender of the Notes; such payment to be evidenced by notation by the
Bank and the City on the marking grid on the Notes which may be separated therefrom for
such purpose. If, on the prepayment date, funds for the payment of the principal amount
to be prepaid, together with interest to the prepayment date on such principal amount, shall
have been provided to the Paying Agent, as above provided, then from and after the
prepayment date interest on such principal amount of the Notes shall cease to accrue, If
said funds shall not have been so paid on the prepayment date, the principal amount of the
Notes shall continue to bear interest until payment thereof at the Interest Rate,
SECTION 2.3. EXECUTION OF THE NOTES. The Notes shall be executed
in the name of the City by the signature of the Mayor of the City and its official seal shall
be affixed thereto or imprinted or reproduced thereon and attested by the City Clerk. The
signatures of the Mayor of the City and City Clerk on the Notes may be manual or facsimile
signatures. In case anyone or more of the officers who shall have signed or sealed the
Notes shall cease to be such officer of the City before the Notes so signed and sealed shall
have been actually sold and delivered, such Notes may nevertheless be sold and delivered
as herein provided and may be issued as if the person who signed or sealed such Notes had
not ceased to hold such office, The Notes may be signed and sealed on behalf of the City
by such person who at the actual time of the execution of the Notes shall hold the proper
office, although at the date the Notes shall be actually delivered such person may not have
held such office or may not have been so authorized.
The Notes shall bear thereon a certificate of authentication, in the form set
forth on Exhibit A attached hereto, executed manually by the Registrar (when the City's
Finance Department shall act as Registrar, the certificate of authentication shall be
manually executed by the City's Finance Director), Only the Notes as shall bear thereon
such certificate of authentication shall be entitled to any right or benefit under this
Resolution and no Notes shall be valid or obligatory for any purpose until such certificate
of authentication shall have been duly executed by the Registrar. The certificate of
authentication of the Registrar upon the Notes executed on behalf of the City shall be
conclusive evidence that the Notes so authenticated have been duly authenticated and
delivered under this Resolution and that the Owner thereof is entitled to the benefits of this
Resolution.
SECTION 2.4. NEGOTIABILITY. REGISTRATION AND
CANCELLATION The Registrar shall keep books for the registration of the Notes and for
the registration of transfers of the Notes, The Notes shall be transferable at the option of
the registered. Owner thereof to an institutional holder, but subject to the prior written
approval of the City's Director of Finance (which shall not be unreasonably withheld if the
intended transferee provides a suitability letter addressed to the City as to the sophistication
of the investor) unless such institutional holder is a bank or trust company, or unless such
....\SNtf(IU]S\47304. 4\16787 . 010000\ 10/10194 9
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institutional holder, which is not a bank or trust company, certifies in writing to the City
prior to the transfer that it is an accredited investor within the meaning of Rule 501 of the
Securities Act of 1933, as amended and supplemented, in which case such approval shall not
be required, and upon surrender thereof at the office of the Registrar (the designated
corporate trust office of the Registrar if the City'sFinance Department is not the Registrar) .
with a written instrument of transfer satisfactory to the Registrar duly executed by the
registered Owner or his duly authorized attorney, Upon the transfer of such Note, the City
shall issue in the name of the transferee a new Note.
The City, the Paying Agent and the Registrar shall deem and treat the person
in whose name the Notes shall be registered upon the books kept by the Registrar as the
absolute Owner of such Notes, whether such Notes shall be overdue or not, for the purpose
of receiving payment of, or on account of, the principal of and interest on such Notes as the
same become due and for all other purposes. All such payments so made to any such
Owner or upon his/her order shall be valid and effectual to satisfy and discharge the liability
upon such Notes to the extent of the sum or sums so paid, and neither the City, the Paying
Agent nor the Registrar shall be affected by any notice to the contrary.
In all cases in which the privilege of transferring the Notes is exercised, the
City shall execute and the Registrar shall authenticate and deliver the Notes in accordance
with the provisions of this Resolution, The Notes surrendered in any such transfers shall
forthwith be delivered to the Registrar and canceled by the Registrar in the manner
provided in this Section. There shall be no charge for any transfer of the Note, but the City
or the Registrar (if not the City's Finance Department) may require the payment of a sum
sufficient to pay any tax, fee or other governmental charges required to be paid with respect
to such transfer.
The Notes paid or redeemed, in whole, either at or before maturity, shall be
delivered to the Registrar when the payment or redemption is made, and such Notes shall
thereupon be promptly canceled. The Notes so canceled may at any time be destroyed by
the Registrar, who shall execute a certificate of destruction in duplicate by the signature of
one of its authorized officers describing the Notes, and one executed certificate shall be fIled
with the City and the other executed certificate shall be retained by the Registrar (if not the
City's Finance Department).
SECTION2.5.MUTILATED. DESTROYED. STOLEN OR LOST NOTES.
In case any Note shall become mutilated, destroyed, stolen or lost, the City may execute and
the Registrar shall authenticate and deliver a new Note of like date, maturity and
denomination as the Note so mutilated, destroyed, stolen or lost; provided that, in the case
of any mutilated Note, such mutilated Note shall first be surrendered to the City and, in the
case of any lost, stolen or destroyed Note, there shall first be furnished to the City and the
Registrar (if not the City's Finance Department) evidence of such loss, theft, or destruction
satisfactory to the City and the Registrar, together with indemnity satisfactory to them, In
the event the Note shall be about to mature or have matured, instead of issuing a duplicate
WP9\SANF(IQ S\47~. 4\16787 . 010000\ 10/10/94 10
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Note, the City may pay the same without surrender thereof. The City and the Registrar (if
not the City's Finance Department) may charge the Owner of such Note their reasonable
fees and expenses in connection with this transaction, Any Note surrendered for
replacement shall be canceled in the same manner as provided in Section 2.4 hereof.
Any such duplicate Note issued pursuant to this Section shall constitute
additional contractual obligations on the part of the City, whether or not the lost, stolen or
destroyed Note be at any time found by anyone, and such duplicate Note shall be entitled
to equal proportionate benefits and rights as to lien on the source and security for payment
from Pledged Revenues with the Note issued hereunder,
SECTION 2.6. CONDITIONS FOR DRAWING UNDER THE LINE OF
CREDIT AND ISSUANCE OF THE NOTE, In connection with a drawing under the Line
of Credit (a "Drawing") the following conditions will apply:
A, Except in the case of the initial Drawing, written notice (signed by the
City Manager, Finance Director or Treasurer of the City) of the City's intention to make
a Drawing at least two (2) business days prior to the date specified for such Drawing (such
notice shall confirm that the City is in compliance with the covenants set forth in Section
3,3 hereof and that the use of moneys from a Drawing will be in compliance with Section
3,5 hereof); and
B. Only with respect to the fmt Drawing, a fully executed arbitrage tax
certificate, dated as of the date of such Drawing (herein the "Tax Certificate"); and
C, Only with respect to the fmt Drawing, a copy of a completed and
executed Form 8038-0 to be fIled with the Internal Revenue Service; and
D, Only with respect to the fmt Drawing, an Opinion of Bond Counsel,
satisfactory to the N oteholder, regarding the due authorization, execution, delivery, validity
and enforceability of the Notes and the due adoption of this Resolution (enforceability of
such instruments may be subject to standard bankruptcy exceptions and the like) and the
exclusion of interest on the Notes from gross income for Federal income tax purposes, that
the Notes are not specified "private activity bonds" within the meaning of Section 57(a)(5)
of the Code and, therefore, the interest on the Notes will not be treated as a preference
item for purposes of computing the alternative minimum tax imposed by Section 55 of the
Code (however, a portion of the interest on the Notes owned by corporations may be subject
to the Federal alternative minimum tax which is based in part on adjusted current earnings).
Such opinion shall also state that the Notes are "qualified tax-exempt obligations" within the
meaning of Section 265(b) of the Code; and
E, Only with respect to the first Drawing, an Opinion of the City Attorney,
satisfactory to the Noteholder, regarding the due authorization, execution, delivery, validity
WP8\S.IIIFCADS\47J04 .4\16787.010000\10/10/94 11
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and enforceability of the Notes and the due adoption of this Resolution (enforceability may
be subject to standard bankruptcy exceptions and the like).
F. With respect to the First Drawing, a general certificate of the City in
form satisfactory to the Bank.
SECTION 2.7. GRID NOTATION. With respect to Drawings on the Line of
Credit and repayments, in part thereof, the City and the Bank shall make the appropriate
IlOtatiOns on the "Grid" attached to the Note which may be separated therefrom for such
purpose.
ARTICLEID
COVENANTS,FUNDS AND APPLICATION THEREOF
SECTION 3.1. NOTES NOT TO BE INDEBTEDNESS OF THE CITY, The
Notes shall not be or constitute an indebtedness of the City within the meaning of any
constitutional, statutory or other limitation of indebtedness, but shall be secured solely by
and payable from the Pledged Revenues, No Noteholder shall ever have the right to
compel the exercise of the ad valorem taxing power of the City, or taxation in any form of
any real property therein, to pay said Notes or the interest thereon, The pledge of the
Pledged Revenues will not constitute a lien upon any property of the City.
SECTION 3.2.NOTES SECURED BY PLEDGE OF PLEDGED REVENUES.
From and after the issuance of any of the Notes, and continuing until the payment of all
Notes as to principal and interest, the Pledged Revenues shall continue to be pledged for
the prompt payment of principal of and interest on said Notes,
SECTION 3.3. COVENANTS OF THE CITY. As long as any of the principal
of or interest on any of the Notes shall be outstanding and unpaid, or until there shall have
been set apart in the Debt Service Fund in accordance with Section 3,6 hereof a sum
sufficient to pay, when due, the entire principal of the Notes remaining unpaid, together
with interest accrued and to accrue thereon, the City covenants with the Noteholder as
follows:
A, Tax Covenants Relating to the Internal Revenue Code of 1986, as
amended. (1) In order to maintain the exclusion from gross income for purposes of Federal
income taxation of interest on the Notes, the City covenants to comply with each
requirement of the Code. In furtherance of the covenant contained in the preceding
sentence, the City agrees to continually comply with the provisions of the Tax Certificate as
to compliance with the provisions of Section 103(a) of the Internal Revenue Code of 1986,
as amended to be executed by the City and delivered on the date of issuance and delivery
of the Notes, as such certificate may be amended from time to time, as a source of guidance
for achieving compliance with the Code,
WPlISNIFOADSI47304. 4116787 . 010000110/10/94 12
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(2) The City covenants and agrees with the Noteholders that the City shall not
take any action or omit to take any action, which action or omission, if reasonably expected
on the date of initial issuance and delivery of the Notes, would cause any of the Notes to
be "private activity bonds" or "arbitrage bonds" within the meaning of Sections 141(a) and
148(a), respectively, of the Code,
(3) The City shall make any and all payments required to be made to the United
States Department of the Treasury in connection with the Notes pursuant to Section 148(t)
of the Code,
(4) Notwithstanding any other provision of this Resolution to the contrary, so long
as necessary in order to maintain the exclusion from gross income for purposes of Federal
income taxation of interest on the Notes, the covenants contained in this Section shall
survive the payment of the Notes and the interest thereon, including any payment or
discharge thereof pursuant to Section 3,6 of this Resolution.
B. Establishment of Debt Service Fund. There is hereby created and
established the following fund entitled the "Delray Beach Note Debt Service Fund"
(hereinafter referred to as the "Debt Service Fund"). The Debt Service Fund shall
constitute a trust fund for the benefit of the Noteholders and shall be held by the City and
shall be kept separate and distinct from all other funds of the City, and shall be used only
for the purpose and in the manner provided in this Resolution. Notwithstanding the
provisions of the next preceding sentence, the City may deposit the proceeds of the One
Percent TD Tax and the other Pledged Revenues in a single bank account for the City,
provided that adequate accounting procedures are maintained to reflect and control the
restricted allocations of the funds on deposit therein for the various purposes of such funds.
The designation and establishment of the Debt Service Fund in and by this Resolution shall
not be construed to require the establishment of any completely independent self-balancing
fund, as such term is commonly dermed and used in governmental accounting, but rather
is intended solely to constitute an allocation of certain revenues of the City for certain
purposes and to establish certain priorities for application of such revenues as provided
herein.
Any excess amounts remaining in the Debt Service Fund not derived from the
One Percent TD Tax after payment has been made on the Notes on any Payment Date, may
be withdrawn and deposited at the direction of the City to be used for any lawful municipal
purpose,
Moneys on deposit in the Debt Service Fund may be invested in Authorized
Investments, provided such investments mature not later than the next succeeding Payment
Date, Subject to the terms and provisions of the Code, all income and earnings received
from the investment and reinvestment of the moneys on deposit in the Debt Service Fund
shall remain on deposit in the Debt Service Fund and be used in the same manner as other ,
moneys on deposit therein.
IoI'8ISNIF!JmSI.7304. .116787 . OlOOOOIlO/lO/!M 13
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C. Disposition of Pledged Revenues. Not later than the business day
preceding each Payment Date, the City shall deposit Pledged Revenues into the Debt
Service Fund, in an amount sufficient to pay the principal and interest becoming due on the
Notes on the next Payment Date; provided, however, that such deposit of the Pledged
Revenues shall not be required to be made to the extent that moneys on deposit in the Debt
Service Fund are sufficient for such purpose,
D, Collection of One Percent TD Tax. The City will not repeal, amend
or modify the Agreement in any manner so as to (i) impair or adversely affect the obligation
of the County to levy and collect the One Percent TD Tax, (ii) impair or adversely affect
in any manner the pledge of the One Percent TD Tax made herein, or (iii) reduce the
amount of the One Percent TD Tax the City is entitled to collect from the County pursuant
to the Agreement,
E. Enforcement of Collections. The City will diligently enforce and collect
the One Percent TD Tax, will take steps, actions and proceedings for the enforcement and
collection of such One Percent TD Tax if the County shall default in its obligations pursuant
to the Agreement to the full extent permitted or authorized by law, and will maintain
accurate records with respect thereof.
F, Budget and Other Financial Information. The City shall demonstrate
in each annual budget that there are sufficient non-ad valorem revenues to pay the principal
of and interest on the Notes coming due in such fiscal year if the County defaults in its
obligations under the Agreement. The City shall, upon the request of the Bank, provide the
Bank with a copy of its annual budget and such other fmancial information regarding the
City as the Bank may reasonably request.
SECTION 3.4. REMEDIES OF NOTEHOLDER. Should the City default in
any obligation created by this Resolution, the Noteholders may, in addition to any remedy
set forth in this Resolution, either at law or in equity, by suit, action, mandamus or other
proceeding in any court of competent jurisdiction, protect and enforce any and all rights
under the laws of the State of Florida, or granted and contained in this Resolution, and may
enforce and compel the performance of all duties required by this Resolution, or by any
applicable statutes to be performed by the City or by any officer thereof. The City hereby
agrees with the Noteholders that the fIling of any bankruptcy or insolvency under any
federal or state law by or against the City which is not dismissed with prejudice within 30
days of such filing shall give the Noteholders the right to exercise any of the remedies
provided to them under this Section 3.4.
SECTION 3.5. APPLICATION OF NOTE PROCEEDS. The proceeds of the
Notes shall be. used to provide fmancing for the costs of the Improvements.
SECTION 3.6. DISCHARGE AND SATISFACTION OF NOTES. The
covenants, liens and pledges entered into, created or imposed pursuant to this Resolution
WPØ\SNlfOl!S\.7J04..\ 16787 . 010000\10/10/94 14
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may be fully discharged and satisfied with respect to the Notes in anyone or more of the
following ways:
(a) by paying the principal of and interest on the Notes when the same
shall become due and payable; or
(b) by depositing in the Debt Service Fund or such other accounts as the
City may hereafter create and establish by resolution moneys sufficient at the time of such
deposit to pay the Notes and all interest thereon as the same become due on said Notes on
or prior to the maturity date thereof; or
(c) by depositing in the Debt Service Fund or such other accounts as the
City may hereafter create and establish by resolution (which Debt Service Fund or other
account and all moneys and securities deposited therein shall be irrevocably pledged to the
Noteholders for the payment of the Notes and all interest thereon) moneys which, when
invested in Defeasance Obligations, will provide moneys which shall be sufficient to pay the
Notes and, all interest thereon as the same shall become due on said Notes on or prior to
the Maturity Date thereot Upon such payment or deposit in the amount and manner
provided in this Section 3,6, the Notes shall no longer be deemed to be outstanding for the
purposes of this Resolution and all liability of the City with respect to the Notes shall cease,
terminate and be completely discharged and extinguished, and the Noteholders shall be
entitled for payment solely out of the moneys or securities so deposited,
ARTICLE IV
MISCELLANEOUS PROVISIONS
SECTION 4.1. MODIFICATION OR AMENDMENT. Except as provided in
the next succeeding paragraph, no modification or amendment of this Resolution or of any
resolution amendatory thereof or supplemental thereto, may be made without the consent
in writing of all of the Noteholders.
This Resolution may be amended, changed, modified and altered without the
consent of the Noteholders, (i) to cure any ambiguity, correct or supplement any provision
contained herein which may be defective or inconsistent with any other provisions contained
herein, (ii) to provide other changes which will not adversely affect the interest of such
Noteholders, or (iii) to maintain the exclusion of interest on the Notes from gross income
for Federal income tax purposes,
SECTION 4.2. ADDmONAL AUTHORIZATION The Mayor, the City
Manager, the Finance Director and any other proper official of the City, be and each of
them is hereby. authorized and directed to execute and deliver any and all documents and
instruments and to do and cause to be done any and all acts and things necessary or proper
for carrying out the transactions contemplated by this Resolution.
WPØlSAHFtJlDSl.7304. .\16787 . 0100001 10/10/901 15
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SECTION 4.3. SEVERABILITY OF INVALID PROVISIONS, If anyone or
more of the covenants, agreements or provisions of this Resolution should be held contrary
to any express provision of law or contrary to the policy of express law, though not expressly
prohibited, or against public policy, or shall for any reason whatsoever be held invalid, then
such covenants, agreements or provisions shall be null and void and shall be deemed
separate from the remaining covenants, agreements or provisions, and shall in no way affect
the validity of any of the other provisions of this Resolution or of the Notes issued
hereunder,
SECTION 4.4. REPEALER All resolutions and orders, or parts thereof, in
conflict herewith are, to the extent of such conflict, hereby repealed, and this Resolution
shall take effect upon its passage in the manner provided by law.
SECTION 4.5. EFFECTIVE DATE. This Resolution shall be effective
immediately upon its adoption.
Passed and adopted in regular session on this 18th day of October, 1994.
Attest: Mayf£~
Q P/N!YlýlJ}l' Hi l'r fIa Lixy
City Clerk
The foregoing resolution and the form of
approved by me as to form, language and executio s 18
WP8\SAHFæDS\473Oo1 .4116787.010000110110194 16
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Exhibit A
FORM OF NOTE
No. R- -
UNITED STATES OF AMERICA
STATE OF FLORIDA
CITY OF DELRA Y BEACH, FLORIDA
Tourist Development Tax Revenue Note, Series 1994
Interest Rate Maturity Date Dated
4,22% March I, 1997 October ,1994
-
Registered Owner: Barnett Bank of Palm Beach County
Principal Amount: Not to Exceed $1,400,000
KNOW ALL MEN BY THESE PRESENTS, that the City of Delray Beach (the
"City")in Palm Beach County, Florida, for value received, hereby promises to pay from the
sources herein mentioned, to the Registered Owner specified above or registered assigns on
the Maturity Date specified above, upon the presentation and surrender hereof at the City's
Finance Department or (if so determined by the City) the designated trust office of the bank
or trust company appointed by the City to act as paying agent (said City's Finance
Department or such bank or trust company and any bank or trust company becoming
successor paying agent being herein called the "Paying Agent"), the Principal Amount of
$1,400,OOOor such lesser amount either advanced by Barnett Bank of Palm Beach County,
to the City pursuant to the Note Resolution (as herein dermed) or as a result of partial
prepayment of this Note, with interest thereon at the Interest Rate specified above
calculated on the basis of the actual number of days elapsed in a 36S/366-day year, on each
Payment Date in the manner specified in the within described Resolution to the registered
owner. The Principal Amount and accrued interest thereon is payable in any coin or
currency of the United States of America, which, on the date of payment thereof, shall be
legal tender for the payment of public and private debts.
This Note is authorized to be issued in a principal amount of not exceeding
$1,400,OOOunder the authority of and in full compliance with the Constitution and statutes
of the State of Florida, including, particularly, Chapter 166, Florida Statutes, as amended
and supplemented, the Charter of the City of Delray Beach, Florida, as amended and
supplemented,. and other applicable provisions of law (the "Act"),and Resolution No, 83-94,
duly adopted by the City on the 18th day of October 1994 (the "Note Resolution"), as such
resolution may be further amended and supplemented from time to time, and is subject to
1I'8\SNf'1RIS\473Øo1. 4116787 . 010000110/10/94 17
,
all terms and conditions of said resolution, Any term used in this Note and not otherwise
defmed, shall have the meaning ascribed to such term in the Note Resolution.
It is hereby certified and recited that all acts, conditions and things required
to exist, to happen, and to be performed, precedent to and in the issuance of this Note exist,
have happened and have been performed in regular and due form and time as required by
the Laws and Constitution of the State of Florida and the Charter of the City applicable
thereto, and that the issuance of this Note, is in full compliance with all constitutional or
statutory limitations or provisions.
This Note shall not be valid or become obligatory for any purpose or be
entitled to any security or benefit under the Note Resolution until the certificate of
authentication hereon shall have been signed by an authorized officer of the Registrar.
This Note shall bear interest at the Interest Rate specified above,
Interest shall be payable on March 1, 1995, and each September 1 and March
1 thereafter and principal of the Notes shall be payable on March 1, 1995 and each March
1 thereafter until March 1,1997 (the "Maturity Date") or earlier optional prepayment (each
a "Payment Date"), The principal of and interest on the Notes shall be secured solely by
and payable from the Pledged Revenues (as defined below). The amount of principal
payable on each March 1 shall be determined by a final debt service schedule agreed to by
the City and the Bank on or before February 28, 1995 which would achieve as nearly as
possible level debt service,
"Pledged Revenues" shall mean (i) all moneys on deposit in the Debt Service
Fund derived from the proceeds of the One Percent TD Tax paid to the City pursuant to
the Agreement required to be deposited therein and (ii) to the extent the moneys described
in clause (i) above are insufficient to pay debt service on the Notes (a "Deficiency"), the
City's legally available non-ad valorem revenues deposited in the Debt Service Fund which
the City shall covenant to budget and appropriate each fISCal year of the City (by
amendment to the budget if necessary) to cure such Deficiency, Notwithstanding the
foregoing covenant, the City does not covenant to maintain any City program or benefits
which are funded by such non-ad valorem revenues.
The City may prepay this Note in whole or in part, at any time or from time
to time, without penalty or premium, by paying to the registered holder all or part of the
principal amount of this Note, together with the unpaid interest accrued on the amount of
principal so prepaid to the date of such prepayment, Each prepayment shall be made on
such date and in such principal amount as shall be specified by the City in a written notice
delivered to ~e registered owner not less than two (2) business days prior thereto, Notice
having been given as aforesaid, the principal amount stated in such notice or the whole
thereof, as the case may be, shall become due and payable on the prepayment date stated
in such notice, together with interest accrued and unpaid to the prepayment date on the
WP8\SNiFæos\47~ .4\16787.010000110/10/94 18
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principal amount then being paid; and the amount of principal and interest then due and
payable shall be paid (i) in case the entire unpaid balance of the principal of this Note is
to be paid, upon presentation and surrender of the Note to the office of the Paying Agent
(the designated corporate tnlst office, if the Paying Agent is not the City's Finance
Department), and (ii) in case only part of the unpaid balance of principal of this Note is to
be paid, upon presentation of such Note at the office of the Paying Agent (the designated
corporate tnlst office, if the Paying Agent is not the City'sFinance Department) for notation
thereon of the amount of principal and interest on the Note then paid or for issuance of a
replacement Note in the principal amount not redeemed. Notwithstanding the provisions
of clause (ii) above, if all of the Notes are registered in the name of the Bank, a partial
prepayment may be effected by payment to the Bank of the principal and interest then due
without surrender of this Note; such payment to be evidenced by notation by the Bank and
the City on the marking grid attached hereto which may be separated therefrom for such
purpose. If, on the prepayment date, funds for the payment of the principal amount to be
prepaid, together with interest to the prepayment date on such principal amount, shall have
been provided to the Paying Agent, as above provided, then from and after the prepayment
date interest on such principal amount of this Note shall cease to accrue, If said funds shall
not have been so paid on the prepayment date, the principal amount of the Note shall
continue to bear interest until payment thereof at the Interest Rate provided for herein.
This Note shall not be and shall not constitute an indebtedness of the City
within the meaning of any constitutional, statutory, charter or other limitations of
indebtedness but shall be secured solely by and payable from the Pledged Revenues. No
Holder of this Note shall ever have the right to compel the exercise of ad valorem taxing
power of the City, or taxation in any form of any real property therein to pay the Note or
the interest thereon,
The terms and provisions of the Note Resolution are incorporated in this Note
as though such terms and provisions have been set out in full herein,
IN WITNESS WHEREOF, the City of Delray Beach, Florida, has caused this
Note to be signed by its Mayor~ either manually or with his facsimile signature, and the seal
of the City Commission of the City of Delray Beach, Florida, to be affIXed hereto or
imprinted or reproduced hereon, and attested by the Clerk of the City, either manually or
with her facsimile signature, and this Note to be dated the Dated Date set forth above.
(SEAL) CITY OF DELRA Y BEACH, FLORIDA
ATTEST: By:
Mayor
Clerk of the City of Delray
Beach, Florida
....\SNlfCAÐS\47304. 4\ 16787 .010000\ 10110194 19
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FORM OF CERTIFICATE OF AUfHENTICATION
Date of Authentication: October . 1994
This Note is the Note delivered pursuant to the within mentioned Resolution,
CITY OF DELRA Y BEACH Finance
Department, as Registrar
By:
Authorized Officer
-
\I'Ø\SNIF(JU]S\4731U. 4\ 16181. 010000\ 10/10/94 20
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·
ASSIGNMENT
FOR VALUE RECEIVED the undersigned sells, assigns and transfers unto
(please print or typewrite name, address and tax identification number of assignee)
the within Note and all rights thereunder, and hereby irrevocably constitutes and appoints
Attorney to transfer the within Note on the books kept for registration thereof, with full
power of substitution in the premises.
Dated:
Signature Guaranteed: In the presence of:
NOTICE: The signature to this assignment must
correspond with the name as written upon the
face of the within Note in every particular,
without alteration or enlargement, or any change
whatever.
IoI'8\SAHFMÐS\473O<1. 4116787 . 010000110/10/94 21
,
[This Grid may be separated from the Note for purposes of Notation.]
DRAW-DOWN GRID
[Outstanding Principal Amount Not to Exceed $1,400,000]
Date Amount of Principal Amount of Note Initials of Noteholder
Draw Outstanding After Draw and City
.
WPØ\S, FCRDS\47300\. 4\16787. 010000\10110'~ 22
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[This Grid may be separated from the Note for purposes of Notation.]
REPAYMENT GRID
[Outstanding Principal Amount Not to Exceed $1,400,000]
Date Amount of Principal Amount of Note Initials of Noteholder
Repayment Outstanding After and City
Repayment
WPBI~(JU)S147304 .41167B7. 010000110/10/94 23
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STATE OF FLORIDA )
COUNTY OF PALM BEACH )
I, Alison MacGregor Harty, do hereby certify that I am the duly qualified City
Clerk of the City of Delray Beach, Palm Beach County, Florida,
I further certify that the above and foregoing constitutes a true and correct
copy of the minutes of a meeting of the City Commission of said city held on October 18,
1994, and of a resolution adopted at said meeting, as said minutes and resolution are
officially of record in my possession,
IN WITNESS WHEREOF, I have hereunto subscribed my official signature
and impressed hereon the official seal of the City of Delray Beach this 18th day of October,
1994.
City Clerk
(SEAL)
WP81S.IHF(JU)S147304. 4116787 . 010000110/10/94 24
.
Exhibit B
AGREEMENT REGARDING LINE OF CREDIT
Dated as of October 1,1994
WHEREAS, Barnett Bank of Palm Beach County (the "Bank"), has offered to make
a closed-end line of credit (the "Line of Credit') available to the City of Delray Beach,
Florida (the "City"),in the principal amount of not exceeding $1,400,OOOunder which the
City may, from time to time, make drawings; and
WHEREAS, the City of Commission of the City of Delray Beach, Florida on October
18,1994, adopted Resolution No. 83-94 (the "Note Resolution") authorizing the issuance of
not exceeding $1,400,000 in aggregate principal amount of City of Delray Beach, Florida
Tourist Development Tax Revenue Notes, Series 1994 (the "Note") which Note shall
represent the City's obligation to reimburse the Bank for drawings made under the Line of
Credit; and
WHEREAS, the City and the Bank fmd it necessary to enter into this Agreement, to
acknowledge the tenns and provisions of the Note Resolution adopted by the City and the
extension of the Line of Credit by the Bank.
NOW THEREFORE, the City and the Bank hereby agree as follows:
1. That the Bank shall make immediately available to the City, pursuant to the
terms and provisions of the Note Resolution, the Line of Credit in an aggregate principal
amount of not exceeding $1,400,000 which shall be available to the City in one or more
drawings prior to March 1, 1995,
2, That the Line of Credit shall expire on March 1, 1995, and the outstanding
principal amount of all drawings with interest thereon, shall become due and payable in
accordance with the tenns and provisions of the Note Resolution,
3. That the Bank hereby accepts the tenns and conditions set forth in the Note
Resolution applicable to the Line of Credit,
BARNETIBANK OF PALM BEACH COUNTY
By:
Title:
(SEAL) Date: October -J 1994
1o!'tI\S.\HF(JII)S\.7304. .\16787.010000\10/10/94 25
.
[Continuation of Signature Page]
CITY OF DELRA Y BEACH, FLORIDA
Attest By:
Title:
Date: October -' 1994
City Clerk
WP\I1SN*ORÐSI47304.4116787.0100001l0/10/94 26
.
·...:' -'
M E M 0 RAN DUM
To: David T. Harden
City Manager
From: Joseph M. s~
Director of Fin
Subject: Authorizing the Mayor or his Designee to deem the proposed 1994
Utility Tax Revenue Revenue and Improvement Bond Issue Final
Date: October 10, 1994
In order to proceed with the sale of the above referenced Bond Issue, the Mayor
or his Designee must deem the Preliminary Official Statement (P.O.S. )
final.
We recommend that authorization be given to the Mayor or his Designee to deem
the Preliminary Official Statement final when Becky O'Connor, Susan Ruby and/or
Steve Sanford of Greenburg, Traurig, Hoffman, Lipoff, Rosen & Quentel, P.A. ,
deem it final. We also recommend that authorization be given to these
individuals to do all things necessary relative to the issuance of the bonds
between the Commission meeting of October 18, 1994 and the tentative meeting
set October 26, 1994 at which time the details resolution will be adopted.
The details resolution authorizes the pricing details of the bond sale.
JMS/rso
c: Rebecca S. O'Connor
Treasurer
~ on Û~
/01/:;/9'1
r¿~
.
.- -
CERTIPICATE RE PRELIMINARY OPPICIAL STATEXEHT
WITH REGARD TO COMPLIANCB WITH RULE 1502-12
OP THB SBCURITIBS AND BXCBAHGB COXXISSION
I, the undersigned Mayor of the city of Delray Beach, Florida
(the "city"), DO HEREBY CERTIFY that the Preliminary Official
statement printed in connection with the issuance of the City's
utilities Tax Revenue Refunding and Improvement Bonds, Series 1994,
is hereby deemed final for purposes of Rule 15c2-12 of the Securi-
ties and Exchange Commission, and the information therein is
complete except for the offering prices, interest rates, selling
compensation, aggregate principal amount, principal amount per
maturity, deli very dates, ratings, and other terms of the Bonds
depending on such matters.
IN WITNESS WHEREOF, we have hereunto set our hands this 18th
day of October, 1994.
CITY OP DELRAY BEACH, PLORIDA
-~
J:\BONDS\4039\CEPOSI 10/17/941 GEDI R
,
.
... -' .-
Agenda I tern No.:
AGENDA REQUEST
Da te: October 11, 1994
Request to be placed on:
x Regular Agenda Special Agenda Workshop Agenda
When: October 18, 1994
Description of agenda item (who, what, where, how much):
A~thorizing the Mayor or his designee to deem the preliminary offic1al s~a~emeIlt
for the upcoming 1994 Utility Tax Revenue Refunding and Improvement Bond issue
when it is deemed final by staff and bond counsel and to do all things necessary
relative to the Bonds.
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: RQf;;;OImRQßd t}:H~ MQ~7or or hie;: r!p<:ignpp hp ;¡llt'hor;7.erl to deem the
prcliæiaary official ÐtatBffiBRt fiR~l UpOR r~commepr1~Tinn nf <:t';¡ff ;¡nrl h~nrl counsel
.!lhd to do all thiftgß ncccrH3ary rcÜatiYB to tlm i£sy.mcQ of th.. 199.(. TTH 1; t'y T~x
Department Head Signature:
Determination of Consistency Plan: ,
~
-.
J ..
City Attorney Review/ Recommendation (if applicable): A
'.
Budget Director Review (required on all items involving expenditure
of funds): ~
fbpIb
Funding available: YES/ NO ~A
Funding alternatives: (if applicable)
, Account No. & Description:
Account· Balance:
,/
City Manager Review:
Approved for agenda: YES/ NO
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
.
.
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~TY MANAGER
SUBJECT: AGENDA ITEM # &'D - MEETING OF OCTOBER 18, 1994
BANKING SERVICES CONTRACT RENEWAL/BARNETT BANK OF PALM
BEACH COUNTY
DATE: OCTOBER 14, 1994
This is before the Commission to authorize a two-year contract
extension for banking services with Barnett Bank of Palm Beach
County at the current contract price of approximately $45,000.00
per year.
Funding is available from the General Fund - Finance Administra-
tion - Other Professional Services (Account No. 001-1511-513-
31.90), Water and Sewer - Other Professional Services (Account
No, 441-5112-536-31,90) , and Sanitation Fund - Other Professional
Services (Account No. 433-3711-534-31.90) .
Recommend approval of the contract renewal with Barnett Bank of
Palm Beach County.
~on ~
.,
.
M E M 0 RAN DUM
To: David T. Har~Y Manager
From: Joseph M. Saffoirector of Finance
Subject: Banking Services Contract
Date: October 5, 1994
The City's banking services contract with Barnett Bank is up for renewal.
Last year staff negotiated a one-year contract to end September 30, 1994
with two one-year options to renew.
Barnett Bank has agreed to provide services at current pricing for the
next two years which amounts to approximately $45,000 in hard costs per
year. We feel that the pricing that we obtained for this current year was
very comptetive in the marketplace that we would be doing well by
locking in this same level of pricing for the next two years. We have
attached last year's memorandum for your information which reflects a
reduction in the City's cost over the prior contract period of
approximately $25,000.
We feel that Barnett Bank provides the City with excellent service at
very competitive pricing and, therefore, recommend a continuation of the
banking service contract. We have sent a copy of the contract amendment
to Susan Ruby for her review.
.
·
M E M 0 RAN DUM
·TO: Davicl T. Harcl.n
City Manag.r
FROM: Joe.ph H. 'satfO~
Dir.ctor of Fina .
SUBJECT: B.nking S.rvic. ontract R.newal
DATE: S.ptemb.r 1, 1993
Th. City'. B.nking S.rvic.. Agr.ement with Barn.tt Bank i. up for r.newal.
Th. City ha. the right to .x.rci.. a on.-y.ar option to r.new our contract.
w. have negoti.ted the ..rvic.. f.. .chedul. with Barn.tt Bank (which i.
.ttached) . Th. propo.ed ..rvic.. fe. .chedul. r.flect. a reduction in the
lockbox pricing, the cI.po.it tee. ancl the f.. charged on ~h. Ma.t.r R.purcha..
Agr.ement. Th. new contract period will al.o provide tor two on.-y.ar option.
to r.new with pricing r.viewed annually.
Th. chang. in contract pricing r..ult. in a .aving. ot approximat.ly '25,000
per y.ar. Following i. more cI.tail on th... tee reduction.:
1. A cI.cr.... in the 10ckÞox charg.. ot approximat.ly ,440/month or '5,300
per y.ar. Thi. ...ume. that the City conv.rt. it. utility bill to an OCR
.cannabl. clocum.nt. Barn.tt Bank will continu. it. curr.nt pricing tor
lockbox until the lockÞox operation i. conv.rted.
2. A cI.cr.a.. in the amount charg.d tor it~. cI.po8ited will r..ult in a
r.duction ot approximat.ly $600 per month or '7,200 per y.ar. Th.
charg.. tor it~. cI.po.ited will now be brok.n clown by type ot ch.ck
cI.po8ited. w. are curr.ntly charged a bl.ncled rat. for on-u. ch.ck. ,
loc.l cl.aring., rloricla ancl out-of-Stat. it~..
3. A clecr.a.. in the Ke.ter Repurcha.e Agreement charge trom 75 ba.i. point.
(or .75') off the Repurcha.e Agreement inv..tment to 25 ba.i. point. (or
.25') of the inve.~t equate. to a .aving. of approximately '12,500 in
.oft clollar co.t. a..u.in9 an av.rag. inv..tment balance of '2,500,000.
We compared tbe pricing offered by Barnett Bank to pricing offered by tho.e
bank. that offer the.e .ervice. and applied it to our av.rage volume of work
proce..ed. Barnett Bank'. f.. .chedule for the.e .ervice. wa. the lowe.t (...
.ttached) . w. have been .atiefied with Barnett Bank'. level of .enice ancl
recommencl that the City continue it. banking .enice relation.hip upon r.view
.ncl approval of the contract by the City Attorney'. Ottice.
-
JMS/r.o/...
Attachment.
cc: Rebecca S. O'Connor, Tre..ur.r
'.
.
THIRD AMENDMENT TO THE BANKING SERVICES AGREEMENT
BETWEEN THE CITY OF DELRAY BEACH
AND BARNETT BANK OF PALM BEACH COUNTY
THIS AMENDMENT, made and entered into this _____ day of ,
1994 by and between the CITY OF DELRAY BEACH, FLORIDA, a Florida municipal
corporation, (hereinafter referred to as "City"), and BARNETT BANK OF PALM
BEACH COUNTY, (hereinafter referred to as "Bank").
WHEREAS, the City and the Bank previously entered into a Banking
Services Agreement dated April 12, 1988 ("Agreement") which was extended
until October 1, 1992; and
WHEREAS, the City and the Bank entered into two amendments to the
contract dated January 7, 1993 and October 14, 1993; and
WHEREAS, the parties hereto desire to revise certain provisions of
the Agreement as set forth herein.
NOW, THEREFORE, in consideration of the mutual obligations of the
parties as set forth in the Agreement and as set forth below, the parties
agree to amend the Agreement and is hereby revised to read as follows:
I. Section I of the Agreement is hereby revised to read as follows:
I. BANKING AND TRUST SERVICES; TERM OF AGREEMENT
The Bank agrees to provide the banking services to the City as set
forth in this agreement for a period of two years, commencing October 1,
1994 and terminating on september 30, 1996. The Agreement may be extended
beyond the contract term for up to two additional twelve (12) month
periods by mutual written consent. Either party shall have the option,
however, to terminate the contract without cause upon giving 120 days
advance written notice to the other party.
2. Section II, Paragraph A.I. of the Agreement is hereby revised to
read as follows:
.
·
The charges outlined in the cost of banking services proposal as
stated in Exhibit A to this Amendment shall remain unchanged effective
October 1, 1994 through September 30, 1996. Pricing will be reviewed at
the end of this period. Additional services not listed in Exhibit A which
the Bank provides to the city will be agreed upon at the time the service
is implemented. FDIC insurance fees are subject to adjustment if
increased or decreased by FDIC by the amount of the change. Negative
collected balances are calculated daily and charged at a rate of prime
plus two percent.
3. Section V, Paragraph C, is hereby revised to read as follows:
C. Sweep Type Account
The Bank will establish a Master Account and transfer to the
Master Account all collected balances in the City's accounts at the close
of each business day. The total balance in the Master Account over the
target set to pay for bank services will be invested in either a Repurchase
Agreement or Money Market Fund, as described below, pursuant to the City's
instruction.
1. Repurchase Agreement - The minimum investment is
$100,000 with increments of whole dollars thereafter. It is the City's
understanding that Federal Reserve Board Regulation securities backed
repurchase agreements are not considered "deposits" and are, therefore,
exempt from reserve requirements.
The interest rate established for the account shall be
determined from the average of the high and low federal funds rate for the
previous week, as published by Barnett Bank and shall remain in effect
until a new average rate is published. The formula to be used for
calculating the amount for ~he daily repurchase agreement is Federal Funds
rate (x.xx%) minus .25.
·
u.s. Securities as further described in the repurchase
agreement dated April 12, 1988 must be used as collateralization for the
Master Repurchase Agreement. The securities will be deposited in the
City's account with a third party of the City's choice or in the Bank's
account at the Federal Reserve. Securities held at the Federal Reserve
will be in the Bank's name pledged to the City of Delray Beach. Only the
City's authorized signature will be acceptable to release said collateral.
The securities used for collateralization must be in the
amount of $5,000,000 and must be at least 102% of the overnight amount of
the repurchase agreement. Any amount in excess of the $5,000,000 must be
invested in an overnight repurchase agreement and must also maintain at
least 102% collateralization. The securities in excess of $5,000,000 may
be kept at a third party of the Bank's choice. The Bank will provide a
confirmation of securities held as collateral for the Master Repurchase
Agreement.
The City reserves the right to purchase investments through
any other financial institution or broker it deems appropriate.
2. Money Market Fund - The minimum investment is $25,000
with increments of whole dollars thereafter. The interest rate
established for the account shall be determined by the Treasury Share
rate. Daily rates are provided by calling 1-800-367-5905.
4. That all other terms and conditions of the Agreement dated April
12, 1988 between the parties, except as may be in conflict with this
Amendment, shall remain in full force and effect.
This Amendment supersedes all prior amendments.
.
IN WITNESS WHEREOF, the parties hereto entered into this Amendment as
of this day and year first above written.
WITNESS: BARNETT BANK OF PALM BEACH COUNTY
By:
(Signature of Witness)
(Signature printed or typed) (Signature printed or typed)
(SEAL)
.
·
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this _____ day of
, 1994, by (name of officer or
agent, title of officer or agent, of Barnett Bank of Palm Beach County
(name of corporation acknowledging), a Florida (state or place of
incorporation) , corporation, on behalf of the corporation. He/She is
personally known to me/or has produced (type of
identification as identification and did (did not) take an oath.
Signature of Notary Public
State of Florida
Print, Type or Stamp Name of
Notary Public
ATTEST: CITY OF DELRAY BEACH, FLORIDA
By:
City Clerk Thomas E. Lynch, Mayor
Approved as to Form and
Legal Sufficiency:
City Attorney
'.
EXHIBIT A
BANKING SERVICES
:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::
LIST OF SERVICES UNIT COST
------------------------------.---------------------------------------------------------.
FDIC INSURANCE 0.160
BASIC SERVICES
ACCOUNT MAINTENANCE 9.000
DEPOSITS CREDITED O.JOO
ITEMS DEPOSITED (LOCKBOX)
ON-US ITEMS, LOCAL CLEARINGS 0.035
FLORIDA ITEMS 0.045
OUT OF STATE ITEMS 0.060
ITEMS DEPOSITED (OVER THE COUNTER I
ON-US ITEMS 0.06
LOCAL CLEARINGS 0.08
FLA, OUT OF STATE ITEMS 0.09
ITEMS PAID 0.130
CASH SERVICES
COIN ROLLING 0.000
CURRENCY (PER STRAP/Sll! 0.000
DEPOSIT SERVICES
ITEMS RETURNED 3,000
RERUN ITEMS 2.000
ENCODING DEPOSITS
ON-US ITEMS 0.035
LOCAL CLEARING HOUSE ITEMS 0,040
OTHER FLORIDA ITEMS 0.050
OUT OF STATE ITEMS 0.060
INVESTMENT SERVICES
SWEEP INVESTMENT SERVICE 150.000
CONTROLLED DISBURSEMENT 0.000
CONTROLLED DISBURSEMENT MOTIF. 0.000
TBA SYSTEM 60.000
RECONCILIATION SERVICES
DEPOSIT RECONCILIATION MAINT. 40.000
PARTIAL RECON-MAINTENANCE 15,000
FINE SORT PER ITEM 0.000
DEPOSIT RECON PER ITEM 0.100
PARTIAL RECON PER ITEM 0.045
RECONCILIATION REJECTS 0.150
WIRE TRANSFER SERVICES
WIRE TRANSFERS - OUTGOING 8.000
WIRE TRANSFERS - INCOMING 8.000
PHONE CALLS 0,000
OTHER SERVICES
COURIER DELIVERY CHARGE 290.000
STOP PAYMENTS 0.000
.,
· -
LOCKBOX SERVICES - WHOLESALE
MONTHLY MAINTENANCE 40.000
ITEMS PROCESSED 0.200
DATA CAPTURE 0.000
CORRESPONDENCE/REJECTS 0.200
DATA COMMUNICATION 5 . 000
LOCK BOX SERVICES - RETAIL
MONTHLY MAINTENANCE 100.000
ITEMS PROCESSED 0.145
DATA CAPTURE 0.000
CORRESPONDENCE/REJECTS O. 125
DATA COMMUNICATION j .000
REPURCHASE AGREEMENT fEE 25 BASIS POINTS OFF
OF FED fUNDS RATE
BANKING SUPPLIES AT COST
.,
· .
Agenda Item No. :
AGENDA REQUEST
Date: October 5, 1994
Request to be placed on:
x Regular Agenda Special Agenda Workshop Agenda
When: October 18, 1994
Descript~on of agenda item {who, what, where, how much}:
Approval of extension of banking services contract with Barnett Bank of
Palm Beach County at the present pricing to expire September 30. 1996.
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Recommend the contract renewal as referenced above upon
approval of the City Attorney.
Department Head Signature:
Determination of Consistency with Comprehensive Plan:
~
......
..
J
City Attorney Review/ Recommendation (if applicable): ...
Budget Director Review (required on all items involving expenditure
of funds) :
Funding available: ~/ NO
Funding alternatives: I (i f applicable)
, Account No. & Description: Ø/ /51/ 513 6r 90 ""'I.).,bQO OTJtB'2.. f}~~~
Account Balance: ~I 57/2 S~ 31 '?o -1<18(600 S Ð'Z-UI<..ES- v~ (O<-,s.
/ tkK 433 37/1 53Y 3r ')() I< 6- coo FùNO S .
City Manager Review: r
-ILf~º6
Approved for agenda: r!f) / NO P7'1
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
..
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: \It}) CITY MANAGER
SUBJECT: AGENDA ITEM # g £ - MEETING OF OCTOBER 18. 1994
FINAL PLAT/SUAREZ MOBIL
DATE: OCTOBER 14, 1994
This is before the Commission to approve the final plat for
Suarez Mobil, a gas station located at the southeast corner of
West Atlantic Avenue and Military Trail,
In November, 1993, the Planning and Zoning Board approved a
conditional use modification request from Suarez Mobil. In June,
1994, the Site Plan and Review and Appearance Board approved the
site plan, In May, 1994, a final boundary plat was submitted and
approved subject to the condition that, prior to any Certificate
of Occupancy, a cross access agreement between Suarez Mobil and
Delray West Plaza be submitted.
Recommend approval of the final plat for Suarez Mobil subject to
the condition being met.
.
·
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDEN, CITY MANAGER
THRU: C&~~~v\M~
FROM:
SUBJECT: MEETING OF OCTOBER 18, 1994
FINAL PLAT FOR SUAREZ MOBIL **CONSENT AGENDA**
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of the final plat for Suarez Mobil. The pro j ect
is located at the southeast corner of West Atlantic Avenue
and Military Trail.
This plat is being processed pursuant to LDR Section
2.4.5{K}, Minor Subdivisions.
B A C K G R 0 U N D:
In December, 1989, the City annexed an existing Mobil gas
station on the subject property. The site was annexed as part
of the Atlantic Avenue Annexation Area No. 2.
In February, 1991, a conditional use modification was submitted
to demolish the existing Mobil gas station and construct a Shell
gas station. After review and revisions, the modification
request was denied by the City Commission in April, 1991-
In October, 1991, the identical conditional use modification
request was submitted. Again, the modification request was
denied by the City Commission in January, 1992.
In February, 1992, Shell Oil Company filed suit against the City
in Circuit Court. An Out-of-Court Stipulation and Settlement
Agreement was approved in October, 1993. Through the agreement
the City approved the conditional use modification for Shell.
Shell subsequently abandoned its plans and sold the property.
In November, 1993, the Planning and Zoning Board approved a
conditional use modification request from Suarez Mobil. In
June, 1994, the Site Plan Review and Appearance Board approved
the site plan for Suarez Mobil.
.,
City Commission Documentation
Suarez Mobil Final Plat
Page 2
In May, 1994, a final boundary plat was submitted for Suarez
Mobil. The plat has been reviewed by staff. All comments have
been addressed except for the provision of a separate cross
access agreement. This agreement will be required prior to any
Certificate of Occupancy being given. The plat is ready for City
Commission consideration.
PLANNING AND ZONING BOARD CONSIDERATION:
Planning and Zoning Board consideration is not required for
minor subdivisions.
R E COM MEN D E D ACT ION:
By motion, approve the final plat for Suarez Mobil subject to
the following condition:
* That prior to any Certificate of Occupancy, a cross
access agreement between Suarez Mobil and Delray West
Plaza be submitted.
Attachment:
* Location Map & Reduced Plat
Y:SUAREZCC.DOC
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.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~~ITY MANAGER
SUBJECT: AGENDA ITEM # gp - MEETING OF OCTOBER 18, 1994
FINAL PLAT/ENCLAVE AT THE HAMLET
DATE: OCTOBER 14, 1994
This is before the Commission to approve the final plat for the
Enclave at the Hamlet, creating nine single family, zero-lot line
parcels. In August, 1994, the Commission approved a conditional
use request for this property, and in order to accommodate the
zero-lot line structures, a replat of the existing lots was
required,
The Planning and Zoning Board formally reviewed this item at its
meeting of September 19, 1994, and recommended approval subject
to the condition that a revised plat be submitted which deleted
the previous lot lines and addressed any comments that may have
resulted from the review of the engineering plans. A revised
plat and engineering plan were submitted, addressing all staff
comments,
Recommend approval of final plat for the Enclave at the Hamlet.
.
.
(
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDEN, CITY MANAGER
THRU: ~~~~
~ECTOR -,0 LAN ING NG
~1;
FROM: STEVEN E. T~
PLANNER
SUBJECT: MEETING OF OCTOBER 18, 1994
FINAL PLAT FOR THE ENCLAVE AT THE HAMLET
**CONSENT AGENDA**
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of the final plat for the Enclave at the Hamlet,
the creation of nine single family zero-lot line parcels.
The project is located along Greensward Lane South of
Hamlet Drive within the Hamlet Subdivision.
This plat is being processed pursuant to LDR Section
2.4.5(J), Major Subdivisions.
B A C K G R 0 U N D:
The subject property was originally platted as Lots 3-5 Estates
IV. While the subject property is vacant, single family homes
exist to its north and south border.
In August, 1994, the City Commission approved a conditional use
request to allow single family detached zero-lot line structures
on the subject property. In order to accommodate the zero-lot
line structures, a replat of the existing lots is required.
In August, 1994, the Planning and Zoning Board approved a
preliminary plat for the Enclave at the Hamlet. The Board
certified the final plat as being consistent with the
preliminary plat in September, 1994.
The final for the Enclave at the Hamlet is now ready for City
Commission consideration.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at its
meeting of September 19, 199. The Board recommended approval
subject to the following conditions:
.
·
City Commission Documentation
Enclave at the Hamlet - Final Plat
Page 2
1- That prior to scheduling the plat for City Commission
consideration, a revised plat be submitted which
deletes the previous lot lines and addresses any
comments that may result from the review of the
engineering plans.
A revised plat and engineering plan was submitted on September
26, 1994. Those plans addressed all staff comments.
R E COM MEN D E D ACT ION:
By motion, approve the final plat for the Enclave at the Hamlet.
Attachment:
* Location Map & Reduced Plat
Y:ENCLAVCC.DOC
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M E M 0 RAN DUM
October 10, 1994
To: David Harden, City Manager
From: Dorothy Ellington, Community Development coordinator;:) '&
Thru: Lula Butler, Community Improvement Director~
Subject: Housing Opportunities for People with AIDS
Interlocal Agreement
Item Before the Commission
This is to request approval to enter into an interlocal agreement
with the City of West Palm Beach, City of Boca Raton and Palm
Beach County in order to carry out the intent of the Federal
Housing Opportunities for People With AIDS (HOPWA) Entitlement
Program.
Backqround
HOPWA was authorized by the National Affordable Housing Act of
1990 to provide funding for meeting the housing needs of
low-income persons with AIDS. Entitlement grants are awarded to
States and Eligible Metropolitan Areas (EMAs) which have more
than 1500 cases of persons with AIDS or a population of 500,000
or more. Palm Beach County is a designated EMA and has been
awarded $1,777,040 to provide for housing construction, operating
costs and support services for persons with AIDS.
The City of West Palm Beach was designated by HUD to be the lead
agency for the EMA and as such serves as applicant and grantee
for the HOPWA entitlement allocation. Funds are received by the
City of West Palm Beach and through consultation with the other
participating local governments grant awards are made by the West
Palm Beach Commission to agencies charged with providing services
to persons with AIDS.
The inter local agreement has been signed by the Cities of West
Palm Beach and Boca Raton and reviewed by our City Attorney.
Upon approval by the City Commission and subsequent to the
Mayor's signature, it will be forwarded to Palm Beach County for
approval by the Board of County Commissioners.
Recommendation
Staff recommends approval of the Interlocal Agreement and
authorization for it's execution.
??G
.
.
HOUSING OPPORTUNITIBS POR PERSONS WITH AIDS GRANT PROGRAM (HOPWA)
THIS INTERLOCAL AGREEMENT made and entered into this _day
of , 1994, by and between the cities of Boca Raton,
Delray Beach, West Palm Beach and Palm Beach county; (hereinafter
referred to as the "participating municipalities").
WIT N B S S B T H:
WHEREAS, the Housing opportunities for Persons with AIDS
(HOPWA) Program was authorized by the National Affordable Housing
Act of 1990 to provide resources and incentives and to devise
comprehensive strategies for meeting the housing needs of low-
income persons with AIDS and related diseases;
WHEREAS, under the Act, entitlement grants are awarded to
States and Eligible Metropolitan Areas (EMA's) which have more than
1,500 cumulative cases of persons with AIDS or a population of more
than 500,000;
WHEREAS, Palm Beach County is a designated EMA, eligible for
a formula allocationi and
WHEREAS, the Act requires collaboration from CDBG program
entitlement communities within an EMA to designate one entity to
serve as the applicant and grantee for the EMA,
NOW, THEREFORE , it is agreed between the participating
municipalities as follows:
Section 1. Desianated Aaencv. The City of West Palm Beach
has been designated by HUD to be the local government for the Palm
Beach County EMA to serve as the applicant and grantee for the
HOPWA entitlement grant, As the designated Agency, the City of
West Palm Beach will be. recognized by HOD as the eligible applicant
for the EMA to submit the required application to HOD and receive
the grant funds. The city of West Palm Beach will make assistance
under this grant available to all eligible persons residing within
the Palm Beach County EMA and will administer the HOPWA funds in
accordance with Federal HOPWA program guidelines,
.
.
.
Section 2. Certifications. The participating municipalities
certify that each will cooperate with the other to undertake or
assist in the undertaking of the eligible activities for the HOPWA
program and that each will affirmatively further fair housing
opportunities for low-imcome persons with AIDS and related
diseases.
Section 3. ComDrehensive Housina Affordabilitv Strateav. The
participating municipalities have prepared a Comprehensive Housing
Affordability Strategy (CRAS) for their respective locality.
Section 4. Ïß:m. This Agreement shall have a term of one
year, The Agreement shall be automatically renewed each subsequent
year the city receives a HOPWA grant entitlement on behalf of the
EMA. The one-year initial term of this Agreement notwithstanding,
the participating municipalities shall not terminate this Agreement
prior to carrying out all activities that will be funded from the
HOPWA funds awarded, pursuant to the rules and regulations
established for this program.
section 5. Liabilitv, SUbject to applicable laws, the
liability for the acts and omissions of employees of the
participating municipalities, or their agents, in the performance
of this Agreement, shall rest with the participating
municipalities, respectively, To the extent permitted by law, the
participating municipalities shall indemnify and hold the other
harmless from injuries, damage or claims arising out of the
negligence of their own employees or agents.
section 6. EmDlovee Status. Persons employed by the
participating municipalities who perform services or functions
pursuant to this Agreement shall not be deemed to be employees of
the other governmental entity. The participating municipalities
shall remain obligated to provide their respective employees with
Worker's compensation coverage, salary and pension benefits, Civil
Service or other employees rights and privileges.
.
.
.
Section 7. Notice, When notice is required to be qiven under
the terms of this Aqreement, it shall be sent to:
City Manaqer County Administrator
City of Boca Raton County of Palm Beach
201 W. Palmetto Park Road Post Office Box 1989
Boca Raton, FL 33432 West Palm Beach, FL 33402
City Manaqer City Administrator
City of Delray Beach City of West Palm Beach
100 N,W. 1st Avenue Post Office Box 3366
Delray Beach, FL 33444 West Palm Beach, FL 33402
Section 8. CounterDarts. This Aqreement may be executed in
counterparts, each executed counterpart to be deemed an oriqinal.
IN WITNESS WHEREOF, the cities and County have executed this
Aqreement the day and year above first written.
Attest:
May:
~'k~~1/41£ . SMìl~.J;,
c~ty Clerk , CITY OF DELRAY BEACH, FLORIDA
Attest: By:
Mayor - Thomas E, Lynch
City Clerk
CITY OF WEST PALM BEACH, FLORIDA
, //
~¿//"/ .
Attest: .. ~ ¿~/'. o.;---~
BYL~- ... - ../ -
~;...~ RESIDING OFFICER I
~~~ ~~~\2
,j",~~ ty Clerk
.
4
,
PALM BEACH COUNTY, FLORIDA
Attest: By:
Chairman
Board of County Commissioners
Clerk of the County Court
Approved as to form and Approved as to form and
Legal Sufficiency: Legal Sufficiency:
ClAJ~ ¡J~r,G
P1ssf. c~ty Attorney - Boca Raton County Attorney
City Attorney - Delray Beach
Palm Beach
IA,BOPWA
I
.
Agenda Item No.:
AGENDA REQUEST
Request to be placed on: Date: October 10, 1994
Regular Agenda
Special Agenda
Workshop Agenda
xx Consent Agenda When: October 18, 1994
Description of item (who, what, where, how much) : Interlocal a~reement
with the City of West Palm Beach, City of Boca Raton, and Palm Beach County in
order to carry out the intent of the Federal Housing Opportunities for People
with AIDS (HOPWA) Entitlement Program.
(Example: Request from Atlantic High School for $2,000 to fund
project graduation).
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Staff recommends approval of the Interloca1 Agreement and
authorization for it's execution.
(Example: Recommend approval with funding from Special Events
Account No. 001-3333-555-44.55). ~
Department Head Signature: ~~
City Attorney Review/ Recommendat~on (if ~PPliCable):
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: ~l
Approved for agenda: ~/NO
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action: Approved/Disapproved
"
.
. '
M E M 0 RAN DUM
October 10, 1994
To: David Harden, City Manager
From: Dorothy Ellington, Community Development coordinator~G¿;
Thru: Lula Butler, Community Improvement Director~
Subject: CDBG Funding Agreements
Boys and Girls Club, Community Child Care Center, Alpha-
Time Child Care Center, The Urban League and MAD DADS
Item Before the Commission
This is to request approval to execute formal agreements with the
subject non-profit agencies.
Background
In accordance with 24 CFR 570.301, a public hearing was held on
July 19, 1994 before the Commission. At that time the Commission
approved the Proposed Statement of Community Development
Objectives and Projected Use of Funds which included funding
recommendations for the Boys and Girls Club, The Community Child
Care Center, Alpha-Time Child Care Center and MAD DADS. After
comments from the public, the Commission directed staff to
provide for the funding of one salaried position with the Urban
League of Palm Beach County in order to assist with providing
emergency services to residents of Delray Beach.
Federal Regulations at 24 CFR 570.503 requires written agreements
prior to disbursement of funds to subrecipients, specifying the
work to be performed by the agency among other requirements.
These agreements have been developed in accordance with the
stated regulations and have been reviewed by the City Attorney.
Recommendations
Staff recommends approval to execute the attached agreements in
order that funding may proceed in accordance with Commission
Approval.
ð'H
.
.
..
Agenda Item No.:
AGENDA REQUEST
Request to be placed on: Date: October 10, 1994
Regular Agenda
Special Agenda
Workshop Agenda
xx Consent Agenda When: October 18, 1994
Description of item (who, what, where, how much): Approval to execute
Funding agreements with five non-profit agencies.
(Example: Request from Atlantic High School for $2,000 to fund
project graduation).
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Staff recommends approval to execute the attached agreements
in order that funding may proceèd in accordance with Commission Approval.
.
(Example: Recommend approval with funding from Special Events
Account No. 001-3333-555-44.55). . ~
~. ~ :...;...
Department Head Signature: (~ ~--
City Attorney Review/ Recommendation (if'-applicable):
Budget Director Review (required on all items involving
expenditure of funds):
Funding available: YES/NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review: ~~
Approved for agenda: ~ NO
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action: Approved/Disapproved
,.
·
AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS
FOR THE URBAN LEAGUE OF PALM BEACH COUNTY
THIS AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS
("Agreement") made this day of , 1994 by and between the
City of Delray Beach, hereinafter referred to as "City" and The
Urban League of Palm Beach County, hereinafter referred to as
the "Urban League" having its principal office located at 1700
North Australian Avenue, West Palm Beach, Florida and its
satellite office at Carver Service Center, 301 SW 14th Avenue,
Delray Beach, Florida, is related to the provision of $15,000 in
Community Development Block Grant Funds to be used for partial
payment of salary and benefits for one full time position. This
grant award is made in accordance with City of Delray Beach
Commission directions at the July 19, 1994 Public Hearing and the
September 27, 1994 Budget approval. This agreement is entered
into upon the following terms and conditions:
1. DEFINITIONS
a. "CDBG" means Community Development Block Grant
program.
b. "City" means City of Delray Beach.
c. "Program Income" means gross income received
directly generated, or earned from the use of CDBG funds.
Program Income includes, but is not limited to interest earned on
advances of federal funds or royalties received as a result of
patents or copyrights produced under this grant.
.
2. STATEMENT OF WORK
a) The Urban League shall use the CDBG funds provided
to pay partial salary of one full-time position charged with the
following activities:
i) Emergency intervention including food, energy
and shelter assistance referrali
ii) Housing Discrimination Counseling and
Referral;
b) The City shall:
i) disburse an initial payment of $2,500 on
October 31, 1994 to cover salary and benefits for the months of
October and November. Each month thereafter, the City shall
disburse advance monthly payments of $1,250 beginning December,
1994 and continuing through September, 1995. The funding shall
not exceed the Commission-approved dollar amount of $15,000.
Monthly release of funds shall be in accordance with this
agreement and subject to the approval of the Community
Development Coordinator and the Director of Community
Improvement;
ii) provide technical/supportive assistance
in order to assure the success of the housing counseling program.
3. RECORDS AND REPORTS
The Urban League shall submit prior to the disbursement
of CDBG funds, Monthly activity reports indicating hours utilized
in accomplishing goals. The report at a minimum shall identify
2
.
.
the number of households served, household income category,
household racial category and number of female heads of
household. This report shall be submitted on form HUD 4949.5
Grantee Performance Report/Direct Benefit Activities(attached).
Reports shall be due in the Community Development Office one week
prior to the anticipated release of each check. Time Sheets
shall reflect actual hours worked by the Delray Beach Satellite
Office Coordinator.
The Urban League agrees to submit upon request other
documentation which may later be determined necessary to assure
compliance with this agreement.
4. PROGRAM INCOME
Funding is provided to pay the costs of salary and
benefits of one full-time position. It is not anticipated that
Program Income as defined in Section 2 of this agreement will be
generated from these funds. In the event that Program Income is
generated, the income may be used for operating expenses of the
Housing Counseling program.
5. NON-FEDERAL AUDIT
As required by the Single Audit Act of 1984, the
Urban League agrees to provide copies of independent professional
audits of its financial activities in order to determine whether
CDBG funds have been expended as intended.
6. MONITORING
The Urban League agrees to make its records available
3
.
.
to the City in order to assure compliance with applicable Federal
and local requirements. The organization further agrees to allow
access for site visitation by Federal Monitors as warranted.
7. RETENTION AND ACCESS REQUIREMENTS FOR RECORDS
The Urban League agrees to retain supporting
documentation relating to activities funded by this grant for a
period of three years from the date of September 30, 1995.
8. OTHER PROGRAM REQUIREMENTS
a) The Urban League certifies that no person shall on
the grounds of race, color, national origin or sex, be denied
participation in the organization's activities.
b) The Urban League agrees to carry out activities
for which CDBG funds are provided in compliance with all local
and Federal laws and Regulations as described in OMB Circular
A-133, OMB Circular A-122 and OMB Circular A-1IO, copies of which
are provided for reference.
9. SUSPENSION AND TERMINATION
In accordance with 24 CFR 85.43, suspension or
termination of this agreement may occur if the Urban League
materially fails to comply with any term of this agreement. This
agreement may be terminated for convenience in accordance with 24
CFR 85.44.
10. This Agreement contains all of the parties binding
representations to one another. Any amendments or modification
hereto must be in writing.
4
.
THE URBAN LEAGUE OF PALM BEACH COUNTY
WITNESSES:
BY:
PRESIDENT/ADMINISTRATOR
CITY OF DELRAY BEACH, FLORIDA
BY:
MAYOR
A'rI'EST:
CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY
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·
AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS
SOUTH COUNTY BOYS AND GIRLS CLUB
THIS AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS
( "Agreement" ) made this day of , 1994 by and between the
City of Delray Beach, hereinafter referred to as "City" and the
South County Boys & Girls Club, hereinafter referred to as "The
Club" having its principal office located at Carver Middle
School, 301 SW 14th Avenue Delray Beach, Florida, is related to
the provision of $33,800 in Community Development Block Grant
Funds in accordance with budget approval by the City Commission
on September 27, 1994. These funds are to be used for salary and
benefits for one full-time Program Director and one part-time
Social/Recreation position upon the following terms and
conditions:
1. DEFINITIONS
The following definitions are provided for the terms
set forth herein:
a. "CDBG" means Community Development Block Grant
program.
b. "Program Income" means gross income received
directly generated, or earned from the use of CDBG funds.
Program Income includes, but is not limited to interest earned on
advances of federal funds or royalties received as a result of
patents or copyrights produced under this grant.
2. STATEMENT OF WORK
a. The City and the Club agree that the City shall:
i) disburse an initial payment of $1,563 on
,
·
October 30, 1994 which is to cover salaries and benefits for the
month of October. Each month thereafter, the City shall disburse
monthly payments of $1,567 no later than the last working day of
each month, beginning in November, 1994 and continuing through
September, 1995. The funding shall not exceed the Commission
approved dollar amount of $18,800. Monthly release of funds
shall be in accordance with this agreement and subject to the
approval of the Community Development Coordinator and the
Director of Community Improvement;
ii) reimburse the Club on or prior to September
30, 1995, in an amount not to exceed $15,000, for expenses
related to the renovation of Catherine Strong Center. In the
event the renovations do not occur, or do not reach $15,000, the
Club may use these dollars, upon approval of the City of Delray
Beach, to assist with other eligible expenses; and
iii) provide technical assistance upon request to
assist the Club in complying with the terms of this agreement.
b. The City and the Club agree that the Club shall:
i) award contracts for the renovation of
Catherine Strong Center in accordance with procurement procedures
as described in 24 CFR 85.36;
ii) ensure completion of the renovation of
Catherine Strong Center by providing appropriate work write-ups,
building plans and adequate supervision of construction.
Further, the Club shall secure all necessary bonding and accept
all liability as it may relate directly or indirectly from the
construction, and hold harmless and indemnify the City from all
2
,
·
construction related deficiencies and liabilities of whatsoever
kind as it relates to the construction and renovation.
3. RECORDS AND REPORTS
The Boys and Girls Club agrees to provide to the City
monthly time sheets and a membership roster every other month
which identifies the address of each member of the club. The
membership roster shall be submitted on November 1, 1994 and
alternating months thereafter. The Club agrees to submit upon
request other documentation which may later be determined
necessary to assure compliance with this agreement.
4. PROGRAM INCOME
Funding is provided to pay the costs of salaries and
benefits of one full-time and one part-time position. It is not
anticipated that Program Income as defined in Section 2 of this
agreement will be generated from these funds. In the event that
Program Income is generated, the income may be utilized as
operating funds for the Boys and Girls Club of Delray Beach.
5. NON-FEDERAL AUDIT
As required by the Single Audit Act of 1984, the
Club agrees to provide copies of independent professional audits
of its financial activities in order to determine whether CDBG
funds have been expended as intended.
6. MONITORING
The Club agrees to make its records available to the
City in order to assure compliance with applicable Federal and
local requirements. The Club further agrees to allow access for
site visitation by Federal Monitors as warranted.
3
,
7. RETENTION AND ACCESS REQUIREMENTS FOR RECORDS
The Club agrees to retain supporting documentation
relating to activities funded by this grant for a period of three
years from the date of September 30, 1995.
8. OTHER PROGRAM REQUIREMENTS
a) The Club certifies that no person shall on the
grounds of race, color, national origin or sex, be denied
participation in the organization's activities.
b) The Club agrees to carry out activities for which
CDBG funds are provided in compliance with all local and Federal
laws and Regulations as described in OMB Circular A-133, OMB
Circular A-122 and OMB Circular A-lID, copies of which are
provided for reference.
9. SUSPENSION AND TERMINATION
In accordance with 24 CFR 85.43, suspension or
termination of this agreement may occur if the Boys and Girls
Club materially fails to comply with any term of this agreement.
This agreement may be terminated for convenience in accordance
with 24 CFR 85.44.
10. This Agreement contains all of the parties binding
representations to one another. Any amendments or modification
hereto must be in writing.
.,
BOYS AND GIRLS CLUB
OF SOUTH PALM BEACH COUNTY
WITNESSES:
BY:
PRESIDENT, BOARD OF DIRECTORS
CITY OF DELRAY BEACH, FLORIDA
BY:
MAYOR
ATTEST:
CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY
6
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AGREEMENT FOR FUNDING AND ACCEPTANCE
OF FUNDS FOR ONE FULL-TIME POSITION BETWEEN
THE CITY OF DELRAY BEACH AND THE DELRAY BEACH
COMMUNITY CHILD CARE CENTER
THIS AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS
("Agreement") made this day of , 1994 between the City
of Delray Beach, hereinafter referred to as "City" and the
Community Child Care Center of Delray Beach, hereinafter referred
to as the "Center", having its principal office located at 555
Northwest 4th Avenue, Delray Beach, Florida is related to the
provision, as per the budget approval by the City Commission on
September 27, 1994 and effective October 1, 1994, of $21,000.00
in Community Development Block Grant Funds to the Center to pay
the salary of one full-time administrative position at 40 hours
per week upon the following terms and conditions:
1- DEFINITIONS
a. "Center" means the Delray Beach Community Child
Care Center.
b. "City" means the City of Delray Beach
c. "Program Income" means gross income received
directly generated from the use of CDBG funds.
2. STATEMENT OF WORK
The City will disburse monthly payments of $1,750.00 no
later than the last working day of each month, beginning in
October, 1994 and continuing through September, 1995. The
funding shall not exceed the Commission approved dollar amount of
$21,000. Monthly release of funds shall be in accordance with
this agreement and subject to the approval of the Community
Development Coordinator and the Director of the Department of
.
Community Improvement.
3. RECORDS AND REPORTS
The Center agrees to provide to the City a monthly
attendance and enrollment roster which identifies the number of
enrollees and levels of family income. This report must be
presented no later than the first working day of each month.
Additionally the Center agrees to provide monthly time sheets to
the City reflecting actual time worked by the CDBG grant-funded
Administrator.
4. PROGRAM INCOME
The Center agrees to use the funds provided only for
the payment of salary and that no part of CDBG funds will by used
to generate Program Income.
5. NON-FEDERAL AUDIT
As required by the Single Audit Act of 1984, the Center
agrees to provide copies of independent professional Audits of
Center's financial activities in order to determine whether CDBG
funds have been spent as intended.
6. MONITORING
The Center agrees to make its records available to the
City in order to assure compliance with applicable Federal and
local requirements. The center further agrees to allow access
for site visitation by Federal Monitors as warranted.
7. RETENTION AND ACCESS REQUIREMENTS FOR RECORDS
The Center agrees to retain supporting documentation
relating to the full-time administrative position and related
activities for a period of three years, dating from September 30,
1995.
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8. OTHER PROGRAM REQUIREMENTS
The Center certifies that no person shall on the ground
of race, color, national origin or sex, be denied participation
in the Center's program activities. The Center further agrees to
carry out the activity for which CDBG funds are provided in
compliance with the policies, guidelines, and requirements of OMB
Circulars A-IIO, A-122, and A-133, as applicable, as they relate
to the acceptance and use of Federal funds under this part,
copies of which are provided for reference.
9. SUSPENSION AND TERMINATION
In accordance with 24 CFR 85.43, suspension or
termination of this agreement may occur if the Center materially
fails to comply with any term of this Agreement. This agreement
may be terminated for convenience in accordance with 24 CFR
85.44.
10. This Agreement contains all of the parties binding
representations to one another. Any amendments or modification
hereto must be in writing.
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DELRAY BEACH COMMUNITY CHILD CARE CENTER
WITNESSES:
By:
DIRECTOR
CITY OF DELRAY BEACH, FLORIDA
By:
MAYOR
ATTEST:
CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY
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AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS
FOR MAD DADS OF GREATER DELRAY BEACH
THIS AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS
("Agreement") made this day of , 1994 by and between the
Ci ty of De1ray Beach, hereinafter referred to as "City" and Men
Against Destruction Defending Against Drugs Of Greater De1ray
Beach, hereinafter referred to as "MAD DADS", having its
principal office located within the corporate limits of Delray
Beach, Florida, is related to the provision of $31,650 in
Community Development Block Grant Funds to be used for salary and
benefits for one full time position.
WHEREAS, The MAD DADS organization has identified goals and
objectives which are consistent with Goals and Objectives of the
City's Comprehensive Plan and Comprehensive Housing Affordability
Strategy, and;
WHEREAS, The City Commission has determined through a formal
Public Hearing that the use of Community Development Block Grant
funds for this purpose is appropriate, and;
WHEREAS, Authorization to award these funds was granted per
the budget approval of the City Commission on September 27, 1994,
and;
NOW, THEREFORE, the parties hereby agree as follows:
1. DEFINITIONS
The following definitions are provided for the terms
set forth herein:
a. "CDBG" means Community Development Block Grant
program.
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b. "City" means City of Delray Beach.
c. "MAD DADS" means Men Against Destruction Defending
Against Drugs.
d. "Program Income" means gross income received
directly generated, or earned from the use of CDBG funds.
Program Income includes, but is not limited to interest earned on
advances of federal funds or royalties received as a result of
patents or copyrights produced under this grant.
2. STATEMENT OF WORK
a) MAD DADS shall use the CDBG funds provided to pay
the salary of one full-time position charged with the following
activities:
i) Coordinating crime prevention activities
through neighborhood/resident associations.
ii) Establishing Support Groups for parents of
children identified by the local school system as economically
disadvantaged;
iii) Organizing mentors for high risk youth;
iv) Organizing supervised recreation programs
such as weekly dances, basketball games, music groups etc.;
v) Working with local schools providing drop-out
prevention programs;
vii) Other activities which contribute to the
Stabilization/Revitalization of the CDBG Target Area which has as
its boundaries, 1-95 to the West, Federal Highway to the East,
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Lake Ida Road to the North and Linton Boulevard to the South.
b) The City shall:
i) release an initial payment to MAD DADS in the
amount of $2434.60 on October 31, 1994 to cover the month of
October, and each month thereafter release 24 equal payments of
$1,217.30 beginning November 11, 1994, continuing bi-weekly
thereafter through September 30, 1995. The funding shall not
exceed the Commission-approved dollar amount of $31,650, which
includes an annual allocation of $26,000 for salary, $1950 for
FICA and $3700 in health insurance. Bi-weekly release of funds
shall be in accordance with this agreement and subject to the
approval of the Community Development Coordinator and the
Director of Community Improvement.
ii) provide technical/supportive assistance
through the Departments of Parks and Recreation, Police and
Community Improvement in order to assure the success of the MAD
DADS efforts. Technical assistance shall include the use of
public facilities, and in-kind donations of operating supplies,
i.e. copying services.
3. RECORDS AND REPORTS
MAD DADS shall submit prior to the disbursement of CDBG
funds, Monthly activity reports indicating hours utilized in
accomplishing goals. The report at a minimum shall identify
progress made, problems encountered and proposed solutions to
same. Reports shall be due in the Community Development Office
by the 15th day after the end of each month. Time Sheets shall
reflect actual hours worked by the Administrator of the MAD DADS
organization.
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MAD DADS agrees to submit upon request other
documentation which may later be determined necessary to assure
compliance with this agreement.
4. PROGRAM INCOME
Funding is provided to pay the costs of salaries and
benefits of one full-time position. It is not anticipated that
Program Income as defined in Section 2 of this agreement will be
generated from these funds. In the event that Program Income is
generated, the income may be used to increase the scope of the
MAD DADS program.
5. NON-FEDERAL AUDIT
As required by the Single Audit Act of 1984, the
MAD DADS organization agrees to provide copies of independent
professional audits of its financial activities in order to
determine whether CDBG funds have been expended as intended.
6. MONITORING
The MAD DADS organization agrees to make its records
available to the City in order to assure compliance with
applicable Federal and local requirements. The organization
further agrees to allow access for site visitation by Federal
Monitors as warranted.
7. RETENTION AND ACCESS REQUIREMENTS FOR RECORDS
The MAD DADS organization agrees to retain supporting
documentation relating to activities funded by this grant for a
period of three years from the date of September 30, 1995.
S. OTHER PROGRAM REQUIREMENTS
a) MAD DADS certifies that no person shall on the
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grounds of race, color, national origin or sex, be denied
participation in the organization's activities.
b) MAD DADS agrees to carry out activities for which
CDBG funds are provided in compliance with all local and Federal
laws and Regulations as described in OMB Circular A-133, OMB
Circular A-122 and OMB Circular A-II0, copies of which were
previously provided on August 9, 1993.
9. SUSPENSION AND TERMINATION
In accordance with 24 CFR 85.43, suspension or
termination of this agreement may occur if MAD DADS materially
fails to comply with any term of this agreement. This agreement
may be terminated for convenience in accordance with 24 CFR
85.44.
10. This Agreement contains all of the parties binding
representations to one another. Any amendments or modification
hereto must be in writing.
5
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MAD DADS OF DELRAY BEACH
WITNESSES:
BY:
PRESIDENT/ADMINISTRATOR
CITY OF DELRAY BEACH, FLORIDA
BY:
MAYOR
ATTEST:
CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY
6
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AGREEMENT FOR FUNDING AND ACCEPTANCE
OF FUNDS FOR ONE PART-TIME POSITION BETWEEN
THE CITY OF DELRAY BEACH AND ALPHA-TIME CHILDREN'S CENTER
THIS AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS
("Agreement") made this day of , 1994 between the
City of Delray Beach, hereinafter referred to as "City" and the
Alpha-Time Children's Center of Delray Beach, hereinafter
referred to as the "Center", having its principal office located
at 770 Southwest 12th Terrace, Delray Beach, Florida is related
to the provision, as per the budget approval by the City
Commission on September 27, 1994 and effective October 1, 1994,
of $10,000.00 in Community Development Block Grant Funds to the
Center to pay the salary of one part-time teacher at 20 hours per
week upon the following terms and conditions:
1- DEFINITIONS
a. "Center" means the Alpha-Time Children's Center
b. "City" means the City of Delray Beach
c. "Program Income" means gross income received
directly generated from the use of CDBG funds.
2. STATEMENT OF WORK
The City agrees to disburse an initial payment of
$833.37 on October 30, 1994 which is to cover the month of
October. Each month thereafter, the City will disburse monthly
payments of $833.33 no later than the last working day of each
month, beginning in November, 1994 and continuing through
September, 1995. The funding shall not exceed the Commission
approved dollar amount of $15,000. Monthly release of funds
shall be in accordance with this Agreement and subject to the
.,
approval of the Community Development Coordinator and the
Director of Community Improvement.
3. RECORDS AND REPORTS
The Center agrees to provide to the City a monthly
attendance and enrollment roster which identifies the number of
enrollees and levels of family income. This report must be
presented no later than the first working day of each month.
Additionally the Center agrees to provide monthly time sheets to
the City reflecting actual time worked by the CDBG grant-funded
Administrator.
4. PROGRAM INCOME
The Center agrees to use the funds provided only for
the payment of salary and that no part of CDBG funds will by used
to generate Program Income.
5. NON-FEDERAL AUDIT
As required by the Single Audit Act of 1984, the Center
agrees to provide copies of independent professional Audits of
Center's financial activities in order to determine whether CDBG
funds have been spent as intended.
6. MONITORING
The Center agrees to make its records available to the
City in order to assure compliance with applicable Federal and
local requirements. The Center further agrees to allow access
for site visitation by Federal Monitors as warranted.
7. RETENTION AND ACCESS REQUIREMENTS FOR RECORDS
The Center agrees to retain supporting documentation
relating to the part-time teacher and related activities for
a period of three years, dating from September 30, 1995.
2
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8. OTHER PROGRAM REQUIREMENTS
The Center certifies that no person shall on the ground
of race, color, national origin or sex, be denied participation
in the Center's program activities. The Center further agrees to
carry out the activity for which CDBG funds are provided in
compliance with the policies, guidelines, and requirements of OMB
Circulars A-llO, A-122, and A-133, as applicable, as they relate
to the acceptance and use of Federal funds under this part,
copies of which are provided for reference.
9. SUSPENSION AND TERMINATION
In accordance with 24 CFR 85.43, suspension or
termination of this agreement may occur if the Center materially
fails to comply with any term of this Agreement. This agreement
may be terminated for convenience in accordance with 24 CFR
85.44.
10. This Agreement contains all of the parties binding
representations to one another. Any amendments or modification
hereto must be in writing.
ALPHA-TIME CHILDREN'S CENTER
WITNESSES:
By:
DIRECTOR
CITY OF DELRAY BEACH, FLORIDA
By:
MAYOR
ATTEST:
CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY
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[IT' DF DELIA' IEA[H
DElRAY BEACH
f lOR lOA,
b*d 100 N.W. 1 st AVENUE· DELRAY BEACH. FLORIDA 33444 ' 407/243,7000
flifj! MEMORANDUM
1993 TO: David T, Harden, City Manager
FROM: ~obert A, Barcinski, Assistant City Manager
SUBJECT: AGENDA ITEM # ð'I- CITY COMMISSION MEETING 10/18/94
APPROVAL SUBLEASE EXTENSION CASON COTTAGE
DATE: October 11, 1994
ACTION
City Commission is requested to approve a sublease extension
between the Delray Beach Historical Society and the Palm Beach
County Preservation Board for the use of Cason Cottage. This
sublease change provides for a month-to-month extension as may
be needed,
BACKGROUND
Our agreement with the Historical Society requires City
Commission approval of subleases, A sublease with the Palm
Beach County Historical Society was previously approved.
However, due to delays in completing the renovation of the
historic homes, the sublease needs to be extended. The
proposal before you provides for a month-to-month extension,
with a 30-day written notice for termination, The lease has
been reviewed by the Assistant City Attorney.
RECOMMENDATIONS
Approve the proposed sublease extension,
RAB:kwg
File:grahamkw/Agenda
Doc. :1018doc,002
@ Printed on Recycled Paper THE EFFORT ALWAYS MATTERS
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£ITY DF DELARY HEREM
CITY AnORNEY'S OFFICE 200 NW 1st AVENUE· DELRAY BEACH, FLORIDA 33444
FACSIMILE 407/278-4755 Wr.1.ter·. D.1.rect L.1.ne
DElRA Y BEACH (407) 243-7090
F lOR I D A
.......
AII.America City
, ~ III! MEMORANDUM
Date: September 29, 1994
1993
To: Robert A. Barcinski, Assistant City Manager
From: David N. Tolces, Assistant City Attorne~
Subject: Sublease - Cason Cottage
I reviewed the proposed sublease extension between the
Delray Beach Historical Society and the Palm Beach County
Preservation Board. There are no problems from my
perspective. The sublease does need to be approved by the
City Commission, and written consent should be given to the
parties following approval.
Please call if you have any additional questions.
DNT: smk
cason.dnt
@ Printed on Recycled Paper
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delray bea SEP 2 6 199
istorical society
September 23, 1994
Mr. Robert Barzinski
Assistant City Manager
Delray Beach City Hall
100 N.W. 1stl Avenue
Delray Beach, FL 33444
Re: Cason Cottage, Delray Beach Historical Society
Dear Mr. Barzinski:
Enclosed please find a Sublease Agreement between the Delray
Beach Historical society and the Palm Beach County Preservation
Board. This Sublease is intended to extend the current term an
additional six months. In all respects this Sublease is
identical to the previous one, except for the addition of two
paragraphs at the bottom of the second page concerning
termination and monthly automatic renewal.
Should this Sublease extension be acceptable, please sign at the
bottom of page three and return in the provided envelope. Should
you have any questions, please call.
Very truly yours,
DELRAY BEACH HISTORICAL SOCIETY
~i2 7J,¿'A~ Y'£
Fred B. Devitt, III
President
Enc.
cc: John Johnson (wjenc)
Cason Cottage Museum
~. _- 5 N.E. 1st st.
~ Delray Beach FL 33444
~_. - ---
Cason Cottage Museum. Five Northeast First Street. Delray Beach, FL 33444
Cornell Archives Room, Comer Atlantic & Swinton Avenues.
(407) 243-0223. Fax (407) 243-1062. Archives (407) 274-9578
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SUBLEASE
This SUBLEASE, made this day of ,
19 ,between THE DELRAY BEACH~ISTORICAL SOCIETY (hereinafter
referred to as "Sublessor"), and THE PALM BEACH COUNTY
PRESERVATION BOARD (hereinafter referred to as "Sublessee").
WHEREAS, the Sublessor is presently the lessee under a certain
lease (hereinafter designated "Prime Lease") dated August 4 ,
1988, between THE CITY OF DELRAY BEACH, a municipal corporation,
as Lessor and THE DELRAY BEACH HISTORICAL SOCIETY as Lessee, a
true copy of which is annexed hereto and made a part hereof and
marked Exhibit "A", and which copy has been initialed by all
parties hereto;
AND WHEREAS, the Sublessor and Sublessee have agreed upon a
subletting of said premises on the following terms and
conditions:
1. Said premises (commonly referred to as the "Cason
Cottage") shall be open to the public Tuesday through Friday,
11:00 a.m. to 4:00 p.m., legal holidays excepted.
2. The premises will be inspected for a current assessment
of needs. A copy of this report is to be provided to both
Sublessor and Sublessee.
3. Sublessor will maintain a closet in the back room for
storage.
4. Sublessor will remove all pocketable items from said
premises or store said items in back-room storage closet. Any
larger artifacts left on the premises will be itemized on a
separate inventory to be prepared by Sublessor.
5. If Sublessor uses the premises on w~ekends or evenings,
then Sublessor will provide the necessary volunteers.
6. Sublessor or the City of Delray Beach will be
responsible for all major repairs as per Prime Lease.
7. Sublessor will maintain insurance for premises, contents
belonging to Sublessor, and liability.
8. Sublessor will remove existing signage.
9. Sublessee will maintain its own insurance coverage for
contents belonging to Sublessee, and will maintain a liabili ty
policy with limits which are acceptable to Sublessor.
10. Sublessee will be responsible for cleaning the premises.
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11. Sublessee will be responsible for payment of the
following:
a) 100% of telephone costs
b) 50% of facsimile costs
c) 50% of security costs
d) 50% of pest control costs
e) 50% of water (utility) bill
Sublessor will remit total payment for these items
directly to the service provider, and will furnish receipts to
Sublessee, who will then reimburse Sublessor in the percentages
above specified.
12 . Sublessee may use existing Cason cottage telephone and
facsimile lines at no cost to Sublessee, except for the
provisions set forth in paragraph 11 (a)-(e) above.
13. Sublessee will change over electricity into its own name
and shall be responsible for payment of all electricity charges'.
14. Sublessee shall pay a rental amount of Fifty Cents (50)
for the one-year term as provided for in this Sublease.
This Sublease is made pursuant to the provisions of Paragraph
2 (g) of the Prime Lease and shall not become effective until
Lessor gives its prior written consent.
The Sublessee hereby acknowledges that it has inspected the
premises and accepts the premises in the condition in which it
now exists.
NOW, THEREFORE, witnesseth, that the Sublessor hereby leases and
demises to the Sublessee and the Sublessee hereby hires and takes
from the Sublessor, the premises described in said Prime Lease,
to be used and occupied by the Sublessee for office/museum, and
for no other purpose, for a term to commence on October 14, 1994,
and to end on April 14, 1994, unless sooner terminated as
provided herein.
Sublessee may terminate this Lease by giving thirty (30) days'
written notice of such termination to Sublessor.
This Sublease shall automatically renew from month to month after
the initial term unless either party gives notice to the other
party at least thirty (30) days before the expiration of any
monthly term of its intention that the Sublease not renew.
Except as herein specified, all covenants, terms and conditions
of said Prime Lease shall be binding upon the parties hereto,
their heirs, personal representatives, successors and assigns in
their respective capacities ¡i. e. those binding the Lessor in
said Prime Lease shall bind the Sublessor herein, and those
binding the Lessee in said Prime Lease shall bind the Sublessee
herein.
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IN WITNESS WHEREOF, the undersigned have signed this instrument
on this day of , 19 .
-
In the presence of:
Sublessor
By:
Its:
(as to Sublessor)
Sublessee
By:
Its:
(as to Sublessee)
CONSENT TO SUBLEASE
The undersigned, THE CITY OF DELRAY BEACH, a municipal
corporation, being the Lessor under that certain Agreement dated
August 4, 1988, between THE CITY OF DELRAY BEACH, as Lessor, and
THE DELRAY BEACH HISTORICAL SOCIETY, as Lessee, does hereby
consent and agree to the foregoing Sublease from
, 19_, to , 19 .
-
IN WITNESS WHEREOF, the undersigned has signed this
instrument on this day of , 19 .
-
LESSOR:
BY:
ITS:
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~CITY MANAGER
SUBJECT: AGENDA ITEM # ?J. - MEETING OF OCTOBER 18. 1994
AGREEMENT WITH FLORIDA INLAND NAVIGATION DISTRICT/JOINT
FUNDING OF SEAWALL REHABILITATION PROJECT
DATE: OCTOBER 14, 1994
This is before the Commission to approve an agreement between the
City of Delray Beach and the Florida Inland Navigation District
(F.I.N.D.) for joint funding of the Seawall Rehabilitation
Project. The agreement provides for the reimbursement of 50
percent (50%) of the cost of the construction of seawalls located
at the terminal ends of City rights-of-way for Casuarina Road,
Lowry Street, S.E. lOth Street, N.E. 1st Court, N.E. 5th Street,
and Bucida Road.
Total cost for the project is estimated at $309,900.00, and
participation amount is $154,940.00. Funding is available from
City Seawall Construction Program (Account No. 334-3162-541-
61. 93) . The work will be designed in-house and constructed
within fiscal year 1994/95.
Recommend approval of the agreement with the Florida Inland
Navigation District,
K.vmoo«£ þm ~
!d 9. /J1l. ðI7~ (~~.
~)
~ ~ ~
)
$-0
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Agenda Item No.: ~
AGENDA REOUEST
Date: October 13. 1994
Request to be placed on:
~ Regular Agenda
_____ Special Agenda
_____ Workshop Agenda When: October 18. 1994
Description of item (who, what, where, how much): Aareement between the City of
Delray Beach and Florida Inland Nayiaation District for ioint fundina of the
Seawall Rehabilitation Pro;ect. The aareement provides for the reimbursement of
50% of the construction of seawalls located at the terminal ends of City
riaht-of-way for Casuarina Road. Lo~ street. s. E. lOth street. N. E. 1st
Court. N. E. 5th street and Bucida Road. Total cost is estimated at
S 309.900.00 and participation amount is S 154.940.00 for Pro;ect # 94-47. The
work will be desianed in-house and constructed within fiscal year 94/95.
ORDINANCE/RESOLUTION REQUIRED: YES~DRAFT ATTACHED YES~
Recommendation: Staff recommends approval of the Aareement with the Florida
Inland Naviaation District for·;oint fundina
Department Head Signature: ø~ .~k~q
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable)
Budget Director Review (~ed on all items involving expenditure of funds):
Funding available: ES 0
Funding alternativea ~liCable)
Account No. & DescriPtio~~JÞ~ I SEA:WJtn..J_OONsn:=. 'Pß>E
Account Balance~~ 0 I
City Manager Review: !$:o
Approved for agenda:
Hold Until:
Agenda Coordinator Review:
Received:
Place~ on Agenda:
Action:
Approved/Disapproved
DBDH9447.kt
"
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DEPARTMENT OF ENVIRONMENTAL SERVICES
MEMORANDUM
TO: DAVID T. BARDEN
CITY MANAGER ~
FROM: WILLIAM H. GREENWOOD ¡JI.
DIRECTOR OF ENVIRONMENTAL SERVICES
DATE: OCTOBER 14, 1994
SUBJECT: THE CITY OF DELRAY BEACH AND FLORIDA INLAND
NAVIGATIONAL DISTRICT FOR JOINT FUND OF THE SEAWALL
REHABILITATION PROJECT
PROJECT 94-4'
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Attached is an agenda request for the October 18, 1994 meeting
for the above named. Also attached for your information is the
Florida Inland Navigation District project Agreement and a letter
of September 30, 1994 from Florida Inland Navigation District.
WHG:DB:kt
File: project 94-47
Agenda File
DBDH9447.kt
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FLORIDA I N LAN D NAVIGATION DISTRICT
September 30, 1994
COMMISSIONERS Mr. Dan Beatty, Assistant City Engineer
City of Delray Beach
LENNART E. LINDAHL 345 S. Swinton Avenue
CHAIRMAN
PALM BEACH COUNTY Delray Beach, FL 33444
LAURENCE D. LOCKER
VICE CHAIRMAN Dear Mr. Beatty:
BROWARD COUNTY
JAMES O. TAYLOR
SECRETARY RE: Seawall Rehabilitation Project
VOLUSIA COUNTY
STEPHEN NAVARETTA
TREASURER Enclosed, for your signature, are two original project agreements for
ST. LUCIE COUNTY
ANN R. SHORSTEIN your approved WateIWays Assistance Program project. After they
DUVAL COUNTY have been executed please return both originals to me for execution
PIERRE D. THOMPSON by the District. I will then return one fully executed original
ST. JOHNS COUNTY
WILLIAM T. PARKS agreement to you for your files.
FLAGLER COUNTY
E.E. HADDEN. JR. Should you have any questions in the interim please contact me,
BREVARD COUNTY
GEORGE P. BUNNELL
INDIAN RIVER COUNTY
M. BRENT WADDELL
MARTIN COUNTY
STANLEY E. GOODMAN
DADE COUNTY
David K. Roach
Assistant Executive Director
ART WILDE
exECUTIVE DIRECTOR
DAVID K. ROACH
ASSISTANT exECUTIVE DIRECTOR
ADMINISTRATIVE OFFICE ON THE INTRACOASTAL WATERWAY IN PALM BEACH COUNTY
1314 MARCINSKI ROAD, JUPITER, FLORIDA 33477 TELEPHONE 407-627-3386 FAX No. 407-624-&ØI
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FLORIDA INLAND NA VIGA nON DISTRICT
PROJECT AGREEMENT
PROJECT NO. PB DB 94-35
This PROJECT AGREEMENT made and entered into this day of
,1994 by and between the Florida Inland Navigation District
(hereinafter the "District"), and the City of Delray Beach, (hereinafter the "PROJECT
SPONSOR").
In consideration of the mutual promises and covenants contained herein, the
parties agree as follows:
l. PROJECT - Subject to the provisions of this Agreement and Rule 16T-2
of the Florida Administrative Code (Exhibit "A"), the District has determined to
provide assistance funding to the PROJECT SPONSOR in furtherance of an approved
project ("PROJECT") consisting of the SEAWALL REHABILITATION PROJECT.
Said PROJECT is more specifically described in the PROJECT SPONSOR's
Waterways Assistance Application which is on file at District headquarters. Any
modifications to the PROJECT shaD require advance notice to and prior written
approval of the District.
2. IEßM - The PROJECT SPONSOR shall not commence work on the
PROJECT prior to the execution of this Agreement unless otherwise authorized and
shaD complete the PROJECT and submit aD required payment reimbursement
infonnation on or before September 1, 1995, unless the PROJECT period has been
extended with the prior written approval of the District. In no event, however, shall
the PROJECT period extend beyond three (3) years from the date of the execution of
this Agreement. The PROJECT SPONSOR acknowledges there are no provisions to
carry over the District assistance funding under this Agreement beyond September 30,
1995, any extension of funding beyond this date shall be at the sole discretion of the
District.
3. ASSISTANCE AMOUNT - The District shall contribute no more than
fifty percent ( 50 %) of the PROJECT SPONSOR'S out-of-pocket costs for completion
of this PROJECT ("PROJECT AMOUNT"). [NOTE: The District is statutorily
authorized to fund up to one hundred percent (100%) of the financial assistance and
support for public navigation, law enforcement, and environmental education projects;
all other projects shall require matching funds from the Sponsor.] Payment of funds by
the District to the PROJECT SPONSOR (THE "ASSISTANCE AMOUNT") will be on
.
a reimbursement basis only for those authorized PROJECT COSTS as shown in Exhibit
B and meeting the requirements of Paragraph 5 below and shall not, in any event,
exceed $ 154,950.00.
4. MA TCHING FUNDS - The PROJECT SPONSOR warrants and
represents that it has the PROJECT SPONSOR Match Amount (the PROJECT
AMOUNT less the ASSISTANCE AMOUNT) available for the completion of the
PROJECT and will provide the District with suitable evidence of the availability of
such funds, including but not limited to, providing the District with access to applicable
books and records, financial statements, and bank statements.
5. PROJECT COSTS - To be eligible for reimbursement under the Project
Agreement, PROJECT COSTS must be necessary and reasonable for the effective and
efficient accomplishment of the PROJECT and must be directly allocable thereto.
PROJECT COSTS are generally described in Exhibit "B." PROJECT COSTS must be
incurred and work performed within the Project Period, with the exception of pre-
agreement costs, if any, specifically identified in Paragraph 6 below, which are also
eligible for reimbursement by the District. Any modifications to the PROJECT shall
require advance notice to and prior written approval of the District,
6. PRE-AGREEMENT COSTS - The District and the PROJECT
SPONSOR fully understand and agree that there shall be no reimbursement of funds by
the District for any obligation or expenditure made prior to the execution of this Project
Agreement with the exception of $ 0 for: .
7. REIMBURSEMENT PROCEDURFS - PROJECT COSTS shall be
reported to the District and summarized on the Payment Request Form attached as
Exhibit C. Supporting documentation including bills and canceled payment vouchers
for expenditures shall be provided to the District by the PROJECT SPONSOR or
LIAISON AGENT with any payment request. All records in support of the PROJECT
COSTS included in payment requests shall be subject to review and approval by the
District or by an auditor selected by the District. Audit expenses shall be borne by the
PROJECT SPONSOR. Project funds may be released in installments, at the discretion
of the District, upon submittal of a payment request by the PROJECT SPONSOR or
LIAISON AGENT. The District shall retain ten percent (10%) of each installment
payment until the completion of the PROJECT. The following costs, if authorized in
the attached Exhibit "B" shall be reimbursed only upon còmpletion of the PROJECT
(or if this is a PHASE I PROJECT, as described in Rule 1 6T-2 , upon initiation of
PHASE II of the PROJECT) to the reasonable satisfaction of the District and in
accordance with Exhibit "A": personnel, equipment, project management,
2
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administration, inspection, and design, permitting, planning, engineering, and/or
surveying costs. The District shall have the right to withhold any payment hereunder,
either in whole or part, for non-compliance with the terms of this Agreement.
8. FINAL REIMBURSEMENT - The PROJECT SPONSOR, upon
completion of the PROJECT, shall make available to the District a Final Audit of
expenses incurred on the PROJECT prior to or in conjunction with the request for the
final payment of the PROJECT AMOUNT. The Payment amounts previously retained
by the District shall be paid upon (1) receipt of the Final Audit report by the District,
(2) full completion of the PROJECT to the reasonable satisfaction of the District, and
(3) submission of Project Completion Certification Form No. 90-23 (Exhibit D).
Unless otherwise determined by the District, the final reimbursement check shall be
presented by a District representative to the PROJECT SPONSOR during a public
commission meeting or public dedication ceremony for the PROJECT facility.
9. RECORDS RETENTION - The PROJECT SPONSOR shall retain all
records supporting the PROJECT COSTS for three (3) years after the end of the fiscal
year in which the Final Payment is released by the District, except that such records
shall be retained by the PROJECT SPONSOR until final resolution of matters resulting
from any litigation, claim, or special audit that starts prior to the expiration of the
three-year retention period.
10. NONCOMPLIANCE - The District shall have the right to terminate this
agreement and, if it has provided funds hereunder, the right to reimbursement, either in
whole or part as it may determine, of the funds provided hereunder for non-compliance
by the PROJECT SPONSOR with any of the terms of this Project Agreement. Upon
notification from the District, the PROJECT SPONSOR shall reimburse such funds
directly to the District.
11. DISTRICT'S PRO.TECT MANAGER - David K. Roach, Assistant
Executive Director, or his successor, is hereby designated as the District's Project
Manager for the purpose of this Project Agreement and shall be responsible for
monitoring performance of its terms and conditions and for approving all
reimbursement requests prior to payment.
12. SPONSORS LIAISON AGENT - The PROJECT SPONSOR shall
appoint a Liaison Agent, whose name and title shall be submitted to the District upon
execution of the Project Agreement, to act on behalf of'the PROJECT SPONSOR
relative to the provisions of the Project Agreement.
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13. QUARTERLY REPORTS - The PROJECT SPONSOR's Liaison Agent
shall submit to the District quarterly project status reports during the PROJECT term.
These Quarterly Reports are due as shown in Exhibit "E". Quarterly reports shall
summarize the work accomplished, problems encountered, percentage of completion
and other appropriate information. Project design drawings, engineering drawings, and
a copy of the Project bid award construction item cost list will be submitted as
available. Photographs shall be submitted when appropriate to reflect the work
accomplished. NON-COMPLIANCE by the PROJECT SPONSOR with the reporting
schedule in Exhibit "E" may result in revocation of this agreement pursuant to
Paragraph 10 of this agreement.
14. LA WS - The PROJECT SPONSOR agrees to obtain and to abide by all
federal, state and local permits and regulations in the development of the PROJECT.
The PROJECT SPONSOR agrees that all PROJECT facilities shall be constructed in
compliance with state and federal statutory requirements for accessibility by
handicapped persons as well as all other federal, state and local laws, rules and
requirements.
15. NON-DISCRIMINATION - The PROJECT SPONSOR agrees that
when completed, the PROJECT shall be readily accessible, on a non-exclusive basis, to
the general public without regard to age, sex, race, physical handicap, or other
condition, and without regard to residency of the user in another political subdivision.
When such is required, adequate parking shall be made available by the PROJECT
SPONSOR to accommodate vehicles for the number of persons for which the
PROJECT is being developed.
16. SITE DEDIC A TION - The PROJECT SPONSOR also agrees that when
completed, the PROJECT site shall be dedicated for the public use for a minimum
period of twenty-five (25) years, such dedication to be in the form of a deed, lease,
management agreement or other legally binding document. The PROJECT SPONSOR
shall record evidence of such dedication within the Public Records of the County in
which the PROJECT is located.
17. ACKNOWLEDGMENT - The PROJECT SPONSOR shall erect a
permanent sign, approved by the District, in a prominent location at the completed
project which shall indicate that the District was a joint participant and contributor to
the development of the PROJECT. This sign shall contai1\ the District logo (Exhibit
"F") unless otherwise stipulated by the District. In the event that the SPONSOR erects
a temporary construction sign, it shall also indicate the District's participation.
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18. PROJECT MAINTENANCE - When and where applicable, the
PROJECT SPONSOR agrees to operate, maintain, and manage the PROJECT for the
life of the PROJECT improvements and will pay all expenses required for such
purposes. The PROJECT improvements shall be maintained in accordance with the
standards of maintenance for other local facilities and in accordance with applicable
health standards. PROJECT facilities and improvements shall be kept reasonably safe
and in reasonable repair to prevent undue deterioration and to encourage public use.
The PROJECT SPONSOR warrants and represents that it has full legal authority and
financial ability to operate and maintain said PROJECT facilities and improvements.
19. HOLD HARMLESS - The PROJECT SPONSOR agrees to defend and
hold the District, its Commissioners, employees, agents, and its successors and assigns
free and harmless from and against any and all demands, claims, causes of actions,
expenses, attorney's fees, losses, damage liabilities, awards, and judgments, that may
arise from or relate to the SPONSOR'S obligations in this Agreement or the
construction or maintenance of the PROJECT improvements subject, however to the
limitations imposed by Florida Law, Section 768.28, Florida Statutes.
20. INSPECTIONS - The District reserves the right, upon reasonable
request, to inspect said PROJECT and any and all records related thereto at any time.
21. RIGHTS AND DUTIES - The rights and duties arising under this
Agreement shall inure to the benefit of and be binding upon the parties hereto and their
respective successors and assigns. The PROJECT SPONSOR may not assign this
Agreement nor any interest hereunder without the express prior written consent of the
District.
22. WAIVERS - Waiver of a breach of any provision of this Agreement
shall not be deemed a waive of any other breach of the same or different provision.
23. NOTICE - Any notice required to be given pursuant to the terms and
provisions of this Agreement shall be in writing, postage paid, and shall be sent by
certified mail, return receipt requested, to the District or PROJECT SPONSOR at the
addresses below. The notice shall be effective on the date indicated on the return
receipt.
To the District at:
Florida Inland Navigation District
1314 Marcinski Road ,
Jupiter, Florida 33477
s
.,
.
To PROJECT SPONSOR at:
City of Delray Beach
345 South Swinton Avenue
Delray Beach, FI. 33444
24. GOVERNING LAW- The validity, interpretation and performance of
this Agreement shall be controlled and construed according to the laws of the State of
Florida.
25. TRANSFERENCE - It is the intent of the District to issue this funding
assistance to the PROJECT SPONSOR who has made application for this assistance.
In the event the PROJECT SPONSOR transfers ownership or management of this
facility to a party or parties not now a part of this document, other than another
governmental entity that agrees to assume, in writing, PROJECTS SPONSOR's
obligation hereunder, the District retains the right to reimbursement from the
PROJECT SPONSOR for its participation to the full extent of the funding assistance
awarded to accomplish this facility.
26. ENTIRE UNDERSTANDING - This Agreement, including any exhibits
made a part hereof, embodies the entire Agreement and understanding of the parties
and supersedes all prior oral and written communications between them. The terms
hereof may be modified only by a written amendment signed by both parties hereto.
27. LlTlGA TlON COSTS - In the event that the District or the PROJECT
SPONSOR institutes any action or suit to enforce the provisions of this Agreement, the
prevailing party in such litigation shall be entitled to reasonable costs and attorney's
fees at the trial and appellate levels.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
executed the day, month and year aforesaid.
WITNESSES: FLORIDA INLAND NAVIGATION DISTRICT
By:
CHAIRMAN
DATE:
WITNESSES : PROJECT SPONSOR
By: .
Title:
DATE:
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EXHIBIT "A"
FLORIDA INLAND NAVIGATION DISTRICT
Chapter 16'1'-2
Waterways Assistance Program
16'1'-2.001 Purpose
16'1'-2.002 Forms
16'1'-2.003 Definitions
16'1'-2.004 Policy
16'1'-2.005 Funds Allocations
16'1'-2.006 Application Process
16'1'-2.0061 Emergency Applications
16'1'-2.007 Application Form
16'1'-2.008 Project Eligibility
16'1'-2.009 Project Administration
16'1'-2.010 Project Agreement
16'1'-2.011 Reimbursement
16'1'-2.012 Accountability
16'1'-2.013 Acknowledgment
16'1'-2.001 PURPOSE. Recognizing the importance and
benefits of inland navigation channels and waterways, as well as
noting problems associated with the construction, continued
maintenance and use of these waterways, the Florida Legislature
created s. 374.976 Florida statutes. This law authorizes and
empowers each inland navigation district to undertake programs
intended ~o alleviate the problems associated with its waterways.
The purpose of this rule is to set forth the District's policy
and procedures for the implementation of an assistance program
·
under s. 374.976 F.S. for local governments, member counties ånd
navigation related. districts within the' District. This program
will be known hereafter as the Florida Inland Navigation
District's Waterways Assistance Program.
Specific Authority 374.976(2) F.S. Law Implemented 374.976(1)
F.S. History-New 12/17/90.
16T-2.002 FORMS. All forms for the administration of
this program are . available from the District office located at
1314 Marcinski Road, Jupiter, Florida 33477.
Specific Authority 374.976(2) F.S. Law Implemented 374.976(1)
F.S. History-New 12/17/90.
16T-2.003 DEFINITIONS. The basic terms utilized in
this rule are defined as follows:
(1) "APPLICANT" means an eligible governmental agency·
submitting an application through this program.
(2) "APPLICATION" means a project proposal with the required
documentation.
(3) "AUTRORIZED SUBMISSION PERIOD" means the established
period for submitting applications to the District.
(4) "BOARD" means the Board of Commissioners of the Florida
Inland Navigation District.
(5) "DISIfRICIf" means the Florida Inland Navigation District
(F.I.N.D.) .
(6) "ELIGIBLB GOVER!DŒN'1'AL AGENCY" means member counties,
local go"{ernments and navigation related districts within the
taxing boundaries of the District.
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(7) "EXECUTIVE DIRECTOR" means the Executive Director of the
Florida Inland Navigation District.
(8) "LIAISON AGENT" means the contact person officially
designated to act on behalf of the applicant or the project
sponsor.
(9) "LOCAL GOVERNMENTS" means municipalities, cities, or
consolidated county governments, which are located within the
member counties.. -, ". .
; .
(10) "MATCHING FUNDS" means those funds used by the local
sponsor to match the program funds on a dollar per dollar basis.
(11) · 'KEMB ER COUNTY" means a county located within the
taxing boundaries of the District which includes Duval, st.
Johns, Flagler, VOlusia, Brevard, Indian River, st. Lucie,
Martin, Palm Beach, Broward, and Dade Counties.
(12) "NAVIGATION RELATED DISTRICTS" means port authorities,
inlet districts or any other agency having legally authorized
navigation related duties in waterways of the District.
(13) "PROGRAM" means the Florida Inland Navigation District
Waterways Assistance Program.
(14) "PROGRAM FUNDS" means financial assistance awarded by
the Board to a project for release to the project sponsor
pursuant to the terms of. the project agreement.
(15) "PROJECT" means a planned undertaking consisting of
eligible program facilities, improvements or expenses for the use
and benefit of the general public.
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(16) "PROJECT AGREEMENT" means an executed contract between
the District and a project sponsor setting . forth mutual
obligations regarding an approved project.
(17) "PROJECT MANAGER" means the District employee who is
responsible for monitoring the performance of the Project and
compliance with project agreement.
(18) "PROJECT PERIOD" means the approved time during which
costs may be incurred and charged to the funded project.
(19) "PROJECT SPONSOR" means an eligible governmental agency
receiving program funds pursuant to an approved application.
(20) "WATERWAYS" means the Atlantic Intracoastal Waterway,
all navigable rivers, bay, creeks or lagoons intersected by said
waterway and all navigable natural creeks, rivers, bays or
lagoons entering or extending from said waterway.
(21) "WATERWAY RELATED ENVIRONMENTAL EDUCATION" means an
interdisciplinary holistic process by which the learner:
develops an awareness of the natural and manmade environments of
waterways; develops knowledge about how the environment of the
waterways works; acquires knowledge about the technological,
social, cultural, political, and economic relationships occurring
in waterway related environmental issues; and becomes motivated
to apply aotion strategies to maintain a balance between quality
of life and quality of the environment of waterways.
Specific . Authority 374.976(2) F.S. Law Implemented 374.976(1)
F.S. History-New 12/17/90. Amended 4/29/92.
16T-2.004 POLICY. The following constitutes the policy
of the District regarding the administration of the program.
4
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(1) Financial assistance, support and cooperation may be
provided to eligible governmental.agencies ,for approved projects
as follows:
(a) Member counties may be provided financial assistance,
support or cooperation in planning, acquisition, development,
construction, reconstruction, extension, improvement, operation
or the maintenance of public navigation, public recreation, inlet
management, environmental education, law enforcement and boating
safety projects directly related to the waterways. Member
counties may also be provided financial assistance, support and
cooperation in planning and carrying out beach renourishment
projects and inlet management if the Board finds that the project
is a benefit to public navigation.
(b) Eligible local governments may also be provided
financial assistance, support and cooperation in planning and
carrying out public navigation, public recreation, inlet
management, environmental education, law enforcement and boating
safety projects directly related to the waterways. Eligible
local governments may also be provided financial assistance,
support and cooperation in planning and carrying out beach
renourishment and inlet management projects if the Board finds
that the project benefits public navigation.
(c) Navigation related districts may be provided with
financial assistance to pay part of the costs of the planning and
acquisition of dredge material management sites if the Board
finds that the site is required for the long range maintenance of
the Atlantic Intracoastal Waterway channel. All such sites must
.5
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meet the development and operational criteria established by the
District through along range dredge material.management-plan for
that county. Navigation related districts may also be provided
with assistance for environmental mitigation projects associated
with waterway improvement related activities and inlet management
projects if the Board finds that the project benefits public
navigation in the Atlantic Intracoastal Waterway. All navigation
related districts shall contribute at least equal matching funds
to any District financial assistance provided.
(2) The District will notify by direct mail and/or
advertised pUblic notice all eligible governmental agencies of
the program and the upcoming authorized submission period.
Funding allocations to navigation related districts, member
counties and local governments shall be based upon the
proportional share of the District's ad valorem tax collections
from each county.
(3 ) Approval of projects by the District shall be in
accordance with these rules.
(4) The District and the project sponsor shall enter into a
project agreement prior to the release of program funds.
(5) The project sponsor shall clearly identify and enumerate
the amount and source of the matching funds it will be using to
match the program funds supplied by the District for an approved
project. The project sponsor shall provide suitable evidence
that it has the matching funds available at the time the project
agreement is executed.
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(6) The District shall release program funds in accordance
with the terms and conditions set forth in the project agreement.
This release of program funds shall be on a reimbursement only
basis.
(7) The site of a proposed land-based development project
shall be dedicated for the public use for which the project was
intended for a minimum period of 25 years after project
completion. Such dedication shall be in the form of a deed,
lease, management agreement or other legally binding document and
shall be recorded in the public property records of the county in
which the property is located.
(8) Facilities funded in whole or in part by program funds
shall be made available to the general public of all the member
counties on a non-exclusive basis without regard to race, color,
religion, age, sex or similar condition.
(9) The project sponsor shall not commence work on the
proj ect prior to the execution of the project agreement unless
authorized by the Board.
(10) The project shall be completed within three (3)
calendar years of the date of the execution of the project
agreement.
(11) Project funds shall not be spent except as consistent
with the project agreement cost estimate which shall be an
attachment to the project agreement.
(12) All project costs must be incurred and work performed
within the project period as stipulated in the project agreement.
7
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(13) The project sponsor is responsible for obtaining and
abiding by. any and all federal, state and local permits and
regulations in the development of the project.
(14) All development projects must be designed so as not to
impact navigation along the District's waterways through the
placement of structures, attendant uses, or the necessity of a
boating speed zone for safety purposes. Before applying for
boating speed zone designation in District waterways because of a
project funded by this program, the sponsor shall first receive
approval from the Board.
(15) The project sponsor shall be responsible for the
operation, maintenance, and management of the project for the
anticipated life of the project and shall be responsible for all
expenses required for such purposes. The project shall be
maintained in accordance with the standards of maintenance for
other similar local facilities and in accordance with applicable
health standards. Project facilities and improvements shall be
kept reasonably safe and in reasonable repair to prevent undue
deterioration and to encourage public use. The project sponsor
shall have full legal authority and financial ability to operate
and maintain the project facilities.
(16) The District shall terminate a project agreement and
demand return of program funds disbursed to the project sponsor
for non-compliance with any of the terms of the project agreement
or this rule. Failure of a project sponsor to comply with the
provisions of this rule or the project agreement shall result in
the District declaring the project sponsor ineligible for further
8
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participation in the program until such time as compliance has
been met to the satisfaction of the District. ..
(17) The project sponsor shall hold the District free and
harmless from any and all demands, claims, causes of action,
expenses, attorney's fees, losses, damage liabilities, awards and
judgments that may arise from or relate to the project.
Specific Authority 374.976(2) F.S. Law Implemented 374.976(1)
and (2) F.S. History-New '12/17/90. Amended 12/20/93.
16T-2.005 FUNDS ALLOCATION. The District will notify
potential eligible governmental agencies of the availability of
program funding.
(1) Financial assistance to eligible government agencies
shall not exceed the proportional share of the District's ad
valorem tax collections from each county in which such agencies
·are located.
(2) All financial assistance and support to eligible
governmental agencies shall require matching funds from the
project sponsor with the exception of public navigation, law
enforcement and environmental education projects.
(3) Projects and/or project elements in the categories of
public navigation, law enforcement and environmental education
may recieve funding in excess of fifty per cent of the projects
total cost. Eligible projects and/ or proj ect elements in these
-
categories may include:
(a) Public navigation
1. Navigation channel dredging
2. Navigation channel lighting and markers
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3. Waterway signs and buoys for safety, regulation or
information
(b) Law enforcement
1. Waterways boating safety programs
2. Law enforcement and boating safety equipment
(c) Waterways Related Environmental Education
1. Environmental Education Programs
2. Environmental Education Facilities
Specific Authority 374.976(2) F.S. Law Implemented 374.976(1) -
(3) F. S. History-New 12/17/90. Amended 6/24/93.
16T-2.006 APPLICATION PROCESS.
(1) Applications for assistance through this program will be
submitted during the authorized submission period which is from
March 1st through May 1st of each year, unless modified by vote
of the Board at a scheduled meeting. The project sponsor shall
approve the submission of an application by official resolution
from its governing board or commission. Said resolution shall be
made on F.I.N.D. Resolution Form No. 90-21 (effective date
September 15, 1990) hereby incorporated by reference and
available from the District office located at 1314 Marcinski
Road, Jupiter, Florida 33477.
(2) Applications will be reviewed by the local F.I.N.D.
Commissioner before being submitted to the District office. Upon
receipt in the District office, staff will review the
applications for completeness of the informational requirements
and for compliance with the eligibility requirements of this
rule. When an application is determined by staff to be
10
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incomplete or ineligible, Staff will immediately inform the
applicant by mail. The applicant will then have until the final
presentation date to bring the application into compliance. If
the applicant fails to provide a complete application in
compliance with these rules, the application will not be
considered for funding.
(3) Applications determined to be complete and in compliance
with this rule will be. forwarded to the Board for review and then
scheduled for presentation to the Board at a scheduled meeting of
the Board. The applicant's presentation will at a minimum include
a discussion . of the applicants answers to the Evaluation and
Rating criteria on Form No. 91-25. Following the presentations,
the Board will review the applications and evaluate them using
the Project Evaluation and Rating Form No. 91-25 (effective date
December 10, 1993) hereby incorporated by reference and available
from the District office.
(4) The Board will hold a funding allocation meeting at
which time the Board will determine the allocation of funds, if
any, to each project. Allocations will be based in part upon the
cumulative score of the applications as calculated from the
Project Evaluation and Rating Form. Allocations will also be
based upon the specific needs of the individual counties.
Specific Authority 374.976(2) F.S. Law Implemented 374.976(1)
F.S. History-New 12/17/90. Amended 4/29/93 & 6/24/93.
16'1'-2.0061 EMERGENCY APPLICATIONS. Emergency
applications may be submitted to the District and considered by
the Board at any time during the year to provide assistance to an
11
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eligible applicant for the removal of navigation obstructions and
repair or replacement of waterway facilities damaged 'by a
declared natural disaster. The District shall consider these
applications in accordance with these rules and any funding
allocated will not exceed the provisions of s.16T-2.00s.
Specific Authority 374.976(2) F.S. Law Implemented 374.976(1)
F.S. History-New 6/24/93.
16T-2.007 , APPLICATION FORM. Florida Inland Navigation
District waterways Assistance Program Application Form.§. Number
F.I.N.D. 90-22 (effective date December 10, 1993) and 93-22A
(effective date September 10, 1993) are hereby incorporated by
reference and available from the District office. All
applications for financial assistance and support through this
program from member counties and local governments shall be made
on Form Number F.I.N.D. 90-22 this form. All applications for
financial assistance and support through this program from
navigation related districts shall be made on Form Number
F.I.N.D. 93-22A.
specific Authority 374.'976(2) F.S. Law Implemented 374.976(1)
F.S. History-New 12/17/90. Amended 6/24/93.
16T-2.008 PROJECT ELIGIBILITY.
(1) Financial assistance and support through this program
shall be used to plan or carry out public navigation, public
recreatio~, environmental education, boating safety, spoil site
acquisition, inlet management, environmental mitigation and beach
nourishment directly related to the waterways.
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(a) Program funds may be used for projects such as
acquisition planning, development, construction, reconstruction,
extension, improvement, operation or maintenance of the following
types of projects for public use on land and water. These
project types will be arranged into a priority list each year by
vote of the Board. The .priority list will be distributed to
applicants with the project application.
1. Public boat ramps and launching facilities
2. Public navigation channel dredging
3. Public navigation channel lighting and markers
4. Waterway signs and buoys for safety, regulation or
information
5. Public boat docking and mooring facilities
6. Public shoreline stabilization
7. Public spoil disposal site development
8. Waterways related environmental education programs and
facilities
9. Public fishing and viewing piers
10. Public waterfront boardwalks
11. Waterways boating safety programs and equipment
12. Inlet management projects related to waterway navigation
improvement
13. Beach renourishment projects related to waterway
navigation improvement
14. other waterway related projects.
(b) project costs ineligible for program funding or matching
funds will include any extraneous recreational amenities not
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directly related to the waterway. Ineligible amenities may
include the following:
1. Landscaping
2. Park an~ playground equipment
3. Restrooms for non-waterway users
4. Tennis courts
5. Roadways providing access to non-waterway users
6. Parking areas for non-waterway users
7. utilities for non-waterway related facilities
8. Lighting for non-waterway related facilities
9. Irrigation equipment
10. Maintenance equipment
11. picnic shelter and furniture
(c) The following project costs will be eligible for program
funding or as matching funding subject to approval by the Board
·of an itemized expense list. Before reimbursement is made by the
District on the following projects costs, the construction of the
project will be completed to the Board's satisfaction:
1. Personnel costs
2. Equipment costs
3. Project management, administration and inspection
~.. 4. Design, permitting, planning, engineering, or surveying
costs for a completed construction project
5. In-kind services
6. Restoration of sites disturbed during the construction
of an approved project.
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(d) Applications for eligible waterway projects which
include construction elements below mean high water will be
submitted as a phased project where Phase I will include the
design, engineering and permitting elements and Phase II will
include the construction of the project. A description and
cost estimate of the Phase II work will be submitted along
with the Phase I application for Board review. Applicants for
Phase II funding will demonstrate that Phase I will be
completed by the current completion date of the Phase I
agreement prior to the funding of Phase II, provided, however,
that in extraordinary situations this requirement will be
wai ved by the Board of Commissioners where an applicant has
provided documentation of all of the following:
1. The delay in completing Phase I is for a reason or
reasons outside the control of the applicant, and the
applicant has demonstrated that it diligently proceeded in
attempting to complete Phase I
2. All the impediments to completion of phase I will have
been resolved on or before the District's final TRIM hearing at
which the Phase II funding is to be finally approved, and the
applicant has provided a timetable showing such completion of
Phase I within this time period; and
3. A delay in funding Phase II would significantly
increase tne cost of Phase II, create a substantial likelihood
that Phase II would not be accomplished, or adversely impact on
public safety or the operation of District waterways.
IS
.
(2) The Board will make all final decisions on the
eligibility of a project or specific project costs.
Specific Authority 374.976(2) F.S. Law Implemented 374.976(1) -
(3) F.S. History-New 12/17/90. Amended 4/29/92, 6/24/93 &
12/10/93.
16T-2.009 PROJECT ADMINISTRATION. The District will
administer all funded projects through an executed project
agreement. The District will'appoint a project manager who shall
be responsible for monitoring project and the project agreement.
The project manager shall also be responsible for approving all
reimbursement requests. The project sponsor shall appoint a
liaison agent to act on its behalf in carrying out the terms of
the project agreement. Administration of the project will be as
follows:
(1) A project agreement will be executed between the
District and the project sponsor.
(2) The liaison agent will submit quarterly reports to the
project manager summarizing the work accomplished since the last
report, problems encountered, percentage of project completion
and other appropriate information. These reports shall continue
throughout the length of the project period until completion of
the project.
(3) The liaison agent may submit periodic reimbursement
requests . dur ing the project period. The project manager will
approve or disapprove all reimbursement requests. The final
payment of program funds will be made upon certified completion
of the project by the District.
16
.
(4) Upon reasonable request, the project manager shall have
the right to inspect the project and any and all records relating
to the project.
(5) Upon completion of the project, the liaison agent shall
provide the following to the project manager:
(a) A Project Completion certificate, F.I.N.D. Form No. 90-
23 (effective date september 15, 1990) hereby incorporated by
reference and .available from the District office, which certifies
that the project was completed in accordance with the project
agreement and the final project plans.
(b) A final reimbursement request accompanied by all
required billing statements and vouchers.
(c) Photograph(s) showing the installation of the sign
required by s. 16T-2.013.
(d) Photograph(s) of the completed project clearly showing
the program improvements.
(6) The project manager will review the project completion
package and will authorized or reject the final reimbursement
payment which will include all retained funds from previous
requests.
specific Authority 374.976 (2) F.S. Law Implemented 374.976(1)
F.S. History-New 12/17/90.
16T-2.010 PROJECT AGREEMENT.
(1) Vor each funded project, the District and the project
sponsor will enter into a project agreement setting forth the
mutual obligations of the parties concerning the project. The
17
'.
project agreement shall incorporate the applicable policies and
procedures of the program as outlined in this rule.
(2) All proposed changes to the proj ect agreement must be
submitted to the district in writing by the project sponsor
accompanied by a statement of justification for the proposed
changes. Agreed changes shall be evidenced by a formal amendment
to the project agreement.
Specific Authority 374.976(2) F.S. Law Implemented 374.976(1)
F.S. History-New 12/17/90.
16T-2.011 REIMBURSEMENT . The District shall reimburse
the project sponsor for project costs expended on the project in
accordance with the project agreement. Project funds to be
reimbursed will require the submission of a Reimbursement Request
Form and required supporting documents, F.I.N.D. Form No. 90-24
(effective date December 10, 1993) hereby incorporated by
reference and available from the District office.
(1) All project costs shall be reported to the District and
summarized on the Reimbursement Request Form. All requests for.
reimbursement shall include supporting documentation such as
billing statements for work performed and canceled payment
vouchers for expenditures made.
(2) The District shall retain ten percent of all
reimbursement payments until final certification of completion of
the project. The District shall withhold any reimbursement
payment, either in whole or part, for non-compliance with the
terms of this agreement.
18
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(3) The final reimbursement check shall be presented by a
District representative to the proj ect sponsor during a public
commission meeting or public dedication ceremony for the project
facility.
Specific Authority 374.976(2) F.S. Law Implemented 374.976(1)
F.S. History-New 12/17/90. Amended 12/10/93.
16T-2.012 ACCOUNTABILITY. The following procedures
shall govern the accountability of program funds:
(1) Each project sponsor is responsible for maintaining an
accounting system which meets generally accepted accounting
principles and for maintaining such financial records as
necessary to properly account for all program funds.
(2) The project sponsor shall submit quarterly project
status reports to F.I.N.D. during the project period. These
reports wi 11 summarize the work accomplished since the previous
report, problems encountered, percentage of project completion
and any other appropriate information.
(3) All required final completion certification documents
and materials as outlined in s. 16T-2.009(5) of this rule shall
be submitted to the District prior to final reimbursement of
program funds.
(4) All project records including project costs shall be
available for review by the District or by an auditor selected by
.
the District for 3 years after completion of the project. Any
such audit expenses incurred shall be borne entirely by the
project sponsor.
19
(5) The project sponsor shall retain all records supporting
project costs for three years after either the completion of the
project or the final reimbursement payment, whichever is later,
except that should any litigation claim, or special audit arise
before the expiration of the three year period, the project
sponsor shall retain all records until the final resolution of
such matters.
(6) If it. is found by any state, County, F.I.N.D., or
independent audit that program funds have not been used in
accordance with this rule and applicable laws, the project
sponsor shall repay the misused program funds to the District.
Specific Authority 374.976(2} F.S. Law Implemented 374.976(1)
F.S. History-New 12/17/90.
16T-2.013 ACKNOWLEDGMENT. The project sponsor shall
erect a permanent sign, approved by the District, in a prominent
location at the completed project which indicates the District's
participation in the project. This sign shall contain the
F.I.N.D. logo. In the event that the project sponsor erects a
temporary construction sign, this sign shall also recognize the
District's participation. If the final product of the project is
a report, study or other publication, the District's sponsorship
of that publication shall be prominently indicated at the
beginning of the publication. If the project results in an
educational display, the District's logo and a statement of the
District's participation in the project shall be contained in the
display.
20
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Specific Authority 374.976(2) F.S. Law Implemented 374.976(1)
F.S. History-New 12/17/90.
21
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FLORIDA INLAND NA VIGA TION DISTRICT
W A TERW A YS ASSISTANCE PROGRAM
PROJECT COST ESTIMATES
PROJECT NUMBER: PB-DB-94-35
PROJECT TITLE: Seawall Rehabilitation Project
APPLICANT: City Of Delrny Beach
Project Elements Quantity Estimated Applicants FIND
(Number andlor Cost Cost Cost
F ootaae)
Casuarina Road Seawall 160 L.F. + $ 115000.00 + $ 57500.00 + $ 57500.00
Lowery Street Seawall 60 L.F. + $ 48500.00 + $ 24250.00 + $ 24250.00
S.E. 10th Street 40 L.F. + $ 34000.00 + $ 17000.00 + $ 17000.00
Seawall
N.E. 1st Court Seawall 50 L.F. + $ 48000.00 + $ 24000.00 + $ 24000.00
N.E. 5th Street Seawall 35 L.F. + $ 32000.00 +$ 16000.00 + $ 16000.00
Bucida Road Seawall 160 L.F. + $ 32400.00 + $ 16200.00 + $ 16200.00
TOTALS 1+ $ 309900.00 11+$ 154950.00 11+$ 154950.00 I
.
EXIllBIT B
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[IT' OF DELAAY BEA[H
CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE· DELRAY BEACH, FLORIDA 33444
FACSIMILE 407/278-4755 Wr1.t._r·. D1.r_c::t. L1.n_
DELRA Y BEACH (407) 243-7090
f l 0 . 0 A
b.*d
AII·America City
" II I! MEMORANDUM
199\ Date: October 11, 1994
To: City Commission
From: David N. TOlces, Assistant City Attorn~
Subject: Agreement Between Scott Emerson, Michael Hole and
the City of Delray Beach - Acquisition of Utility
Easement, Fire Station #3
The attached agreement is proposed to be entered into
between the City, Mr. Scott Emerson, and Mr. Michael Hole in
order to finalize the settlement concerning the City's
acquisition of a 12' utility easement for Fire Station #3.
Mr. Emerson owns the property and Mr. Hole is the mortgage
holder. Mr. Emerson agreed to sell the City the twelve foot
utility easement for $640.00.
Mr. Hole has signed a consent to subordinate his mortgage to
the City's easement. In return, this agreement provides
that the City will pay Mr. Hole the entire $640.00. Mr.
Emerson has agreed to allow the City to pay Mr. Hole the
$640.00, apparently because he owes Mr. Hole mortgage
payments. The payment of the $640.00 is complete settlement
for the acquisition of the twelve foot easement.
Therefore, it is recommended that the City Commission
approve the agreement and payment of $640.00 to Michael Hole
for the twelve foot utility easement which will provide a
new sewer line for Fire Station #3. Please call if you have
any questions.
DT:dt
cc: David Harden, City Manager
Sharon Morgan, Executive Assistant
Jose Aguila, Assistant Construction Manager
emers-2,dnt
® f'rllJlo(/ on r1ecycl('(/ Paper ~.<
,
·
AGREEMENT
AGREEMENT made this day of , 1994, by
and between SCOTT H. EMERSON, (hereinafter referred to as EMERSON),
MICHAEL G. HOLE, (hereinafter referred to as HOLE), and CITY OF
DELRAY BEACH, FLORIDA, (hereinafter referred to as CITY).
WHEREAS, EMERSON is currently the owner of Lots 1 through
6, inclusive, Block 14, Plat No. 2 of ~OUTHRIDGE as recorded in
Plat Book 13, Pages 38 and 39 of the Official Records of Palm Beach
County, Florida; and
WHEREAS, HOLE is currently the holder of a certain first
mortgage encumbering the above-referenced property as shown in
Official Record Book 5218, Page 1974 of the Official Records of
Palm Beach County, Florida; and
WHEREAS, CITY is currently in need of a utility easement
over the west 12 feet of Lot 6, Block 14, SOUTHRIDGE SUBDIVISION;
and
WHEREAS, EMERSON has heretofore executed an Easement Deed
conveying said easement to CITY; and
WHEREAS, HOLE has heretofore executed a Subordination of
Encumbrance to Property Rights of City of Delray Beach, Florida
agreement whereby HOLE has subordinated the rights of the subject
mortgage to the easement rights of the City; and
WHERgAS, the parties agree that the value of the Easement
acquired by CITY is the total Six Hundred Forty and 00/100
($640.00) Dollars; and
"
.
.
WHEREAS, EMERSON and HOLE are in agreement that the total
compensation of Six Hundred Forty and 00/100 ($640.00) Dollars
should be paid directly by CITY to HOLE as mortgage holder on the
above-described property~
NOW THEREFORE the parties agree as follows:
1- The above recitals are true and correct and
incorporated into this Agreement by reference.
2. The parties agree and acknowledge that the sum of Six
Hundred Forty and 00/100 ($640.00) Dollars represents full and
complete compensation for any and all claims of EMERSON and HOLE,
including, but not limited to the fair market value of the
easement, severance damages, and any and all other claim for
compensation or damages in this matter.
3. By execution of this Agreement, EMERSON specifically
consents to the payment of the six Hundred Forty and 00/100
($640.00) Dollars directly by CITY to HOLE in full compensation for
the easement conveyed to CITY and all other claims herein.
EXECUTED on the day and year first above written.
SCOTT H. EMERSON
MICHAEL G. HOLE
CITY ·OF DELRAY BEACH
By
/
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· .I
THIS INSTRUMENT PREPARED BY AND RETURN TO,
william p, Doney, Esquire
VANCE' DONEY, P.A.
1615 Forum place, suite 200
West Palm Beach, FL 33401
SUBORDINA~ION OF BNCUMBRANCB ~O PROPBR~I
RIGH~S ~O CI~I OF DBLRAI BEACH. FLORIDA
KNOW ALL MEN BY THESE PRESENTS. That whereas it is
proposed by the City of Delray Beach to locate, construct,
maintain, and/or improve an underground sanitary sewer line to
service Fire station No.3 in the City of. Delray Beach, Florida, in
accordance with the plans on file in the offiee of the City
Engineer¡ and,
WHEREAS, a portion of the lands involved and necessary
for said project is subject to a mortgage held by the undersigned¡
and
WHEREAS, on behalf of the City of Delray Beach, a request
has been made for the undersigned to subordinate said encumbrance
to the property rights of the City of Delray Beach in and to the
portion of the premises hereinafter described.
NOW THEREFORE, WITNESSETH. That for and in consideration
of the premises and Ten ($10.00) Dollars in other good and valuable
considerations, paid, receipt of which is hereby acknowledged, the
undersigned subordinates said encumbrance to the property rights of
the City of Delray Beach, Florida, to locate, construct, maintain
and/or improve said project over, through, under and/or across the
following described lands, being a portion of the encumbered
premises in Palm Beach County, Florida, to wit.
The West twelve feet (12') of Lot 6, Block 14,
SOUTHRIDGE SUBDIVISION, as shown in the Plat
thereof recorded in Plat Book 13, Page 39, of
the Public Records of Palm Beach County,
Florida. Said parcel containing 0.0267 acres,
more·or less
insofar as said premises are affected by the following described
encumbrance now held by the undersigned.
NATURE OF RECO~DED
ENCUMBRANCE DATE FROM OR AGAINST IN FAVOR OF BOOK-PAGE
Mortgage 3/20/87 Scott H. Emerson Michael G. Hole ORB 5218,
P 1974
PROVIDED, ALWAYS, NEVERTHELESS, and it is expressly
understood and agreed that this instrument subordinates said
encumbrance insofar as same affects the rights and privileges of
the City of Delray Beach in its use of the land specifically above
described for utility easement purposes only and that nothing
herein contained shall in any way alter, affect, impair, minimize,
or diminish the effect of said encumbrance or the remedies at law
or in equity for recovering thereunder, or against the parties
~ charged thereby, the full amount of all sums secured by and/or
under the same. It is further understood and agreed that in the
event said above described premises are abandoned by the City of
Delray Beach and cease to be used for utility easement and
maintenance purposes that in such event the subordination of said
encumbrance shall terminate in and to such portion abandoned and no
longer used as aforesaid, and the encumbrance shall become of the
"
same status with reference to such abandoned portion as if the
subordination had never been made.
IN WITNESS WHEREOF, the said holder of said e~mbrance
has duly executed this instrument this ~ day of ~ ,1994.
Signed, sealed and delivered in the presence of:
(2 witnesses required by Florida Law) ~JJ ~
~b"\~ ~ .~~ctw-- IfðU
W~neSB Michael G. HolZL ~
DcXx:>ro-h m I clf"..n.-¿ /7D L L
ped or pr Typed or printed name
ZQf / ¡::;'V1d.~ f/:r.6&a.r~
Mailing ~ss Ii. Ò
fIJ--.. & 6ø.reI'lVtr '33'11
/
~. ,
STATE OF
COUNTY OF £~]¡
undersigned authority, personally appeared
who is/are personally known to me or
as identification and
who did/did not take an oath and who executed the foregoing
instrument for the purposes therein expressed.
_cf)~NESS my hand and official seal this J.j fA day of
) , 1994.
- ~ ~~$~
Notary pu"r c J.n and f r the
County and State aforesaid
(NOTARIAL SEAL) SL.t!J ~
J::: ¡;;, J I ¡; IV A,/)-j(. ~ f?
Typed or printed name of Notary
Public
My Commission Expires:
~- Not;;' P"·,n:. ir;i;~ïiJ01:i."···_·
Mv CcfJt'!j:ii.il L:::¡,:~ ¡·t·:. 2f.., ¡~l~4
~..-...J'JI"w I,·:)' ~""I I.':'II.:I"',J I.u:.
I
"
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. éfi-
[IT' DF DELHA' BEA[H
CITY ATTORNEY'S OFFICE 2()O NW Is! AVENUE· DELRAY BEACH. FLORIDA 33444
FACSIMILE 407/278,4755 Wr.f-t_r. _ D.f-r_ct L.f-n_
DELRA Y BEACH (407) 243-7090
f l 0 I. I D "
ba:d .
AH·America City
" II J~ MEMORANDUM
19')\ Date: October 13, 1994
To: City Commission
From: David N. Tolces, Assistant City Attorn~~
Subject: Linton Office Park Subdivision Guarantee Agreement
Between the City and P & J Development Corporation
Attached are the two subdivision improvement and guarantee
agreements between the City and P and J Development
Corporation. As part of the Linton Office Park development,
P & J is installing water, sewer, drainage and road
improvements. In order to ensure the installation of the
improvements, the City requires the developer to enter into
these guarantee agreements and provide a lett.er of credit
which the City may use in the invent the improvements are
not completed.
Our office has approved the agreements as to legal
sufficiency and form, and recommend approval of both
agreements. Please call if you have any questions.
DT:dt
cc: David Harden, City Manager
Steve Taylor, Planner
Sharon Morgan, Administrative Assistant
p&jsub.dnt
® Printed on Recycled Paper ~·L·
.
, ----"----" . .- ...-"--
AGREEMENT FOR
COMPLETION OF SUBDIVISION IMPROVEMENTS AND GUARANTEE
THIS AGREEMENT entered into this day of
, 19 between the CITY OF DELRAY BEACH
-
(hereinafter the City) and P AND J DEVELOPMENT CORPORATION
(hereinafter the subdivider), for the purpose of assuring the
city that the subdivider will complete the improvements in the
approved preliminary and final plat of the subdivider and
provide the guarantee, all as required by the City of Delray
Beach Subdivision Ordinance.
WIT N E SSE T H
1. The subdivider has furnished the City the original of
letter of Credit No. SM-45882-094 issued by
NationsBank of Florida, N.A. , in the amount of
$ 35,156.88 .
2. The funds available under the above referred to letter of
credit are allocated as follows:
a) $ 31,960.80 for the construction and
installation of all improvements as called for on the approved
preliminary and final plat of LINTON OFFICE PARK
to be completed in accordance with the specifications
required by the City of Delray Beach. All required
improvements of the preliminary and final plat are to be
completed and installed within a period of not more than One Year
from the date of this agreement. In the event that
satisfactory progress towards completion is not being made in
the judgment of the City Engineer to assure completion within
the One Year above referred to period, the City is authorized lo
complete the required improvements by making a demand on the
/'
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,
I
.
,':, ':
above referred to letter of credit and using the funds obtained
therefrom to complete the improvements. However, it is
understood that no demand will be made on the above-referenced
letter of credit for the completion of improvements until such
time as the subdivider has been given a thirty day notice in
writing specifying in what regards satisfactory progress
towards completion is not being made. In the event that this
deficiency is cured within the thirty day period no demand will
be made on the letter of credit.
Notwithstanding, the above thirty day notice requirement
in the event that all the improvements as called for on the
approved preliminary and final plat of Linton Office Park
have not been completely and satisfactorily installed by One Year
the City without notice to the subdivider may make a demand or
demands the letter of credit in an amount sufficient to
satisfactorily complete the improvements.
In the event that the amount remaining under the letter of
credit is insufficient to complete the improvements, the
subdivider will upon demand furnish such additional funds as
.
are necessary to fully and completely install the improvements.
In the event that there is à surplus remaining after the city's
completion of installation of the required implements as may be
required as set forth above the city shall remit or release
this amount to the subdivider.
b) $ 3.196.08 for the guarantee required of the
subdivider pursuant to the City subdivision Ordinance. The
subdivider is required to defray all expenses incurred by the
City as a result of defects in materials and/or workmanship
relating to the required subdivision improvements as set forth
.<
on the preliminary and final plat of Linton Office Park
. It is understood that prior to
2
,
the City making a demand on the letter of credit for any
defects in materials and/or workmanship that a thirty day
written notice shall be prov ided to the subdivider to provide
an opportunity to correct such defect. NOTWITHSTANDING this
thirty day notice requirement however in the event that there
are any defects in materials and/or workmanship existing as of
One Year the City may make such demand on
letter of credit as it deems necessary to correct the existing
defects.
In the event that there is a deficiency in the amount
available under the letter of credit to correct the defects the
subdivider will upon demand provide to the City such additional
funds as may be required. In the event that there is a surplus
remaining under the letter of credit in excess of the amount
required to correct the defects then the City will release or
remit such an amount to the subdivider.
The subdivider may at its' option provide a substitute
letter of credit in the amount of ten percent (10%) of the
construction cost of the improvements referred to in paragraph
2a. , in lieu of the City retaining available ten percent (10%)
of the above referenced letter of credit. The substitute shall
be in the same form as the original letter of credit or such
other form as may be satisfactory to the City of Delray Beach.
3. If upon presentment the above referenced letter of
credit is dishonored, the subdivider shall be liable to the
City in the full amount which may be due under the letter of
credit for either the completion of improvements or to rectify
defects in materials and/or workmanship pursuant to the
guarantee requirement of the subdivision ordinance. In
addition, in the event that the City must take steps to collect
under the letter of credit and/or from the subdivider because
3
,
of dishonor of the letter of credit, the subdivider will pay
all attorneys fees, collection costs, court costs and other
expenses incurred by the City in its efforts to collect the
amount due. Further, it is understood that the letter of
credit shall secure in addition to the construction costs of
the improvements and the guarantee, all of the aforementioned
costs which may be incurred by the City.
w~ SUBDIVIDER
P AND J DEVELOPMENT CORPORATION
By: c.~as~ ~
~J
~e printe~r typed) (Name printed or typed)
"INJ ~ 555 N. E. 34th Court
If-i- . ;rz~
Diana L. Preston (Address)Fort Lauderdale, Florida
(Name printed or typed) 33334
CITY OF DELRAY BEACH
By:
Attest:
City Clerk
Approved as to legal sufficiency
and form: ,~
~~
City Attorney
STATE OF FLORIDA (SEAL)
COUNTY OF BROWARD
The foregoing instrument was acknowledged before me
this 8th day of September , 1994 by
Peter Casoria, Jr., President (name of officer or agent,
title of officer or agent), of P AND J DEVELOPMENT CORPORATION
(name of corporation acknowledging),
a Florida (state or place of incorporation)
4
I
corporation, on behalf of the corporation. He/'Sfté is
personally known to me or has produced identification
.
- (type of identification) as
identification and did (did not) take an oath.
1Q' ~ '/)þ
,/ ({J./li21 /L{ ~
Signature of Person Taking
Acknowledgment
o ,'a V\¿:{ L PK'I::"~ 7o~
Name of Acknowledger Typed,
Printed or Stamped
~~ PlJ DIANA L. PRESTON
~'I' ~ COMMISSION It CC 384790
Ti tIe or R ~ '< ~ BONDEDTHRU' 98
~Of ~\.í¥ ATLANTIC BONDING CO.,INC.
Serial Number, if any
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me
this day of , by
(name of person acknowledged),
who is personally known to me or has produced
(type of identification) as identification and who did (did
not) take an oath.
Signature of Person Taking
Acknowledgment
Name of Acknowledger Typed,
Printed or Stamped
Title or Rank
Serial Number, if any
improve3.agt
5
.,
AGREEMENT FOR
COMPLETION OF SUBDIVISION IMPROVEMENTS AND GUARANTEE
THIS AGREEMENT entered into this day of
, 19 between the CITY OF DELRAY BEACH
-
(hereinafter the City) and P AND J DEVELOPMENT CORPORATION
(hereinafter the subdivider), for the purpose of assuring the
City that the subdivider will complete the improvements in the
approved preliminary and final plat of the subdivider and
provide the guarantee, all as required by the City of Delray
Beach Subdivision Ordinance.
WIT N E SSE T H
1- The subdivider has furnished the City the original of
letter of Credit No. SM-45883-094 issued by
NationsBank of Florida. N.A. , in the amount of
$ 53.510.60 .
2. The funds available under the above referred to letter of
credit are allocated as follows:
a) $ 48.646.00 for the construction and
installation of all improvements as called for on the approved
preliminary and final plat of LINTON OFFICE PARK
to be completed in accordance with the specifications
required by the City of Delray Beach. All required
improvements of the preliminary and final plat are to be
completed and installed within a period of not more than One Year
from the date of this agreement. In the event that
satisfactory progress towards completion is not being made in
the judgment of the City Engineer to assure completion within
the One Year above referred to period, the City is authorized to
complete the required improvements by making a demand on the
/
I
I
I
,
.
above referred to letter of credit and using the funds obtained
therefrom to complete the improvements. However, it is
understood that no demand will be made on the above-referenced
letter of credit for the completion of improvements until such
time as the subdivider has been given a thirty day notice in
writing specifying in what regards satisfactory progress
towards completion is not being made. In the event that this
deficiency is cured within the thirty day period no demand will
be made on the letter of credit.
Notwithstanding, the above thirty day notice requirement
in the event that all the improvements as called for on the
approved preliminary and final plat of Linton Office Park
have not been completely and satisfactorily installed by One Year
the city without notice to the subdivider may make a demand or
demands the letter of credit in an amount sufficient to
satisfactorily complete the improvements.
In the event that the amount remaining under the letter of
credit is insufficient to complete the improvements, the
subdi vider will upon demand furnish such additional funds as
are necessary to fully and completely install the improvements.
In the event that there is a surplus remaining after the city's
completion of installation of the required implements as may be
required as set forth above the city shall remit or release
this amount to the subdivider.
b) $ 4.864,60 for the guarantee required of the
subdivider pursuant to the city subdivision Ordinance. The
subdivider is required to defray all expenses incurred by the
city as a result of defects in materials and/or workmanship
relating to the required subdivision improvements as set forth
on the preliminary and final plat of Linton Office Park
. It is understood that prior to
2
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___ .._____.Uo, .
..-....-.- .--.-
,
the city making a demand on the letter of credit for any
defects in materials and/or workmanship that a thirty day
written notice shall be provided to the subdivider to provide
an opportunity to correct such defect. NOTWITHSTANDING this
thirty day notice requirement however in the event that there
are any defects in materials and/or workmanship existing as of
One Year the City may make such demand on
letter of credit as it deems necessary to correct the existing
defects.
In the event that there is a deficiency in the amount
available under the letter of credit to correct the defects the
subdivider will upon demand provide to the City such additional
funds as may be required. In the event that there is a surplus
remaining under the letter of credit in excess of the amount
required to correct the defects then the City will release or
remit such an amount to the subdivider.
The subdivider may at its' option provide a substitute
letter of credit in the amount of ten percent (10%) of the
construction cost of the improvements referred to in paragraph
2a. , in lieu of the City retaining available ten percent (10%)
of the above referenced letter of credit. The substitute shall
be in the same form as the original letter of credit or such
other form as may be satisfactory to the City of Delray Beach.
3. If upon presentment the above referenced letter of
credit is dishonored, the subdivider shall be liable to the
City in the full amount which may be due under the letter of
credit for either the completion of improvements or to rectify
defects in materials and/or workmanship pursuant to the
guarantee requirement of the subdivision ordinance. In
f
addition, in the event that the City must take steps to collect
under the letter of credit and/or from the subdivider because
3
I
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of dishonor of the letter of credit, the subdivider will pay
all attorneys fees, collection costs, court costs and other
expenses incurred by the City in its efforts to collect the
amount due. Further, it is understood that the letter of
credit shall secure in addition to the construction costs of
the improvements and the guarantee, all of the aforementioned
I
costs which may be incurred by the City.
SUBDIVIDER
P AND J DEVELOPME~ORPORATION
~. ')
By:- -;;;é:~~ J
Poll Peter Casoria. Jr. v
(Name printed or typed) (Name printed or typed)
/fl'L1Ld ~~ 555 N. E. 34th Court
Diana L. Preston (Address) Fort Lauderdale, Florida
(Name printed or typed) 33334
CITY OF DELRAY BEACH
By:
Attest:
City Clerk
Approved as to legal sufficiency
~L
City Attorney
STATE OF FLORIDA (SEAL)
COUNTY OF BROWARD
The foregoing instrument was acknowledged before me
this 8th day of September , 1994 by
Peter Casoria, Jr., President (name of officer or agent,
title of officer or agent), of P AND J DEVELOPMENT CORPORATION
(namè of corporation acknowledging),
a Florida (state or place of incorporation)
4
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corporation, on behalf of the corporation. He/She is
personally known to me or has produced identification
.- (type of identification) as
identification and did (did not) take an oath.
4.Ú ~J(þ' JP ÆUJ1vY\.-
Signature of Person Taking
Acknowledgment
D¡ (H\(t L, H'-'e~ì eN
Name of Acknowledger Typed,
Printed or Stamped
DIANA L. PRESTON
Title or 790
EXPIRESJUN 17,1998
ßONDED THRU
ATLANTIC BONDING CO.,INC,
Serial Number, if any
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me
this day of , by
(name of person acknowledged),
who is personally known to me or has produced
(type of identification) as identification and who did (did
not) take an oath.
Signature of Person Taking
Acknowledgment
Name of Acknowledger Typed,
Printed or Stamped
Title or Rank
Serial Number, if any
improve3.agt
5
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: fPtITY MANAGER
SUBJECT: AGENDA ITEM # X'11 - MEETING OF OCTOBER 18, 1994
RESOLUTION NO. 84-94
DATE: OCTOBER 14, 1994
This is a resolution assessing costs for abatement action
required to remove nuisances on sixteen properties located
within the City. The resolution sets forth the actual costs
incurred and provides the mechanism to attach liens on these
properties in the event the assessments remain unpaid.
Recommend approval of Resolution No, 84-94 assessing costs for
abating nuisances on sixteen properties located with in City.
.
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I RESOLUTION NO. 84-94
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
I
I BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF
¡ ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESS ING COSTS
i FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN
,I THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF
I LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENTi SETTING
I OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF
NUI SANCES i PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE
I
:1 DATE AND INTEREST ON ASSESSMENTSi PROVIDING FOR THE
RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO
:1 BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESS-
MENTs.
I WHEREAS, the City Manager or his designated representative has,
I
1\ pursuant to Chapter 100 of the Code of Ordinances, declared the exis-
tence of a nuisance upon certain lots or parcels of land, described in
Î the list attached hereto and made a part hereof, for violation of the
provisions of Chapter 100 of the Code of Ordinancesi and,
WHEREAS, pursuant to Section 100.20, 100.21 and 100,22 of the
Code of Ordinances of the City of Delray Beach, the City Manager or his
designated representative has inspected said land(s) and has determined
that a nuisance existed in accordance with the standards set forth in
Chapter 100 of the Code of Ordinances, and did furnish the respective
owner(s) of the land(s) described in the attached list with written
notice of public nuisance pursuant to Sections 100,20, 100,21 and 100.22
of the Code of Ordinances describing the nature of the nuisance (s) and
sent notice that within ten (10) days from the date of said notice
forty-two (42 ) days in the case of violation of Section 100.04 pertain-
ing to seawalls) they must abate said nuisance, or file a written
request for a hearing to review the decision that a nuisance existed
within ten (10 ) days from the date of said notice, failing which the
I City of Delray Beach would proceed to correct this condition by abating
I
such nuisance, and that the cost thereof would be levied as an assess-
ment against said propertYi and,
WHEREAS, the property owner(s) named in the list attached
hereto and made a part hereof did fail and neglect to abate the
nuisance(s) existing upon their respective lands or to properly request
a hearing pursuant to Section 100.21 and 100.22 within the time limits
prescribed in said notice and Chapter 100 of the Code of Ordinances, or
if the property owner(s) did request and receive a hearing, said prop-
erty owner (s) failed and/or neglected to abate such nuisance(s) within
I
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·
the time designated at the hearing wherein a decision was rendered
adverse to the property owner(s) ¡and,
WHEREAS, the City of Delray Beach, through the City Administra-
tion or such agents or contractors hired by the City Administration was
therefore required to and did enter upon the land(s) described in the
list attached and made a part hereof and incurred costs in abating the
subject nuisance(s) existing thereon as described in the noticei and,
i
;
WHEREAS, the City Manager of the City of Delray Beach has,
pursuant to Chapter 100 of the Code of Ordinances of the City of Delray
Beach, submitted to the City Commission a report of the costs incurred
in abating said nuisance (s) as aforesaid, said report indicating the
costs per parcel of land involvedi and,
WHEREAS, the City Commission of the City of Delray Beach,
pursuant to Chapter 100 of the Code of Ordinances desires to assess the
cost of said nuisance(s) against said property owner(s), i
i
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1, That assessments in the individual amounts as shown
by the report of the City Manager of the City of Delray Beach, involving
the City's cost of abating the aforesaid nuisances upon the lots or
parcels of land described in said report, a copy of which is attached
hereto and made a part hereof, are hereby levied against the parcel(s)
of land described in said report and in the amount(s) indicated thereon.
Said assessments so levied shall, if not paid within thirty (30) days
after mailing of the notice described in Sec. 3, become a lien upon. the
respective lots and parcel(s) of land described in said report, of the
same nature and to the same extent as the lien for general city taxes
and shall be collectible in the same manner as mortgages and fore-
closures are under state law.
Section 2. That such assessments shall be legal, valid and
binding obligations upon the property against which said assessments are
levied.
Section 3. That the City Clerk of the City of Delray Beach is
hereby directed to immediately mail by first class mail to the owner(s)
of the property, as such ownership appears upon the records of the
County Tax Assessor, notice(s) that the City Commission of the City of
Delray Beach on the has levied an
assessment against said property for the cost of abatement of said
nuisance by the City, and that said assessment is due and payable within
thirty (30) days after the mailing date of said notice of assessment,
after which a lien shall be placed on said property, and interest will I
- 2 - Res. No. 84-94 I
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I accrue at the rate of 8% per annum, plus reasonable attorney's fees and
í
other costs of collecting said sums. A Notice of Lien shall be mailed,
I along with the Notice of Assessment and this resolution. I
Section 4. That this resolution shall become effective thirty
(30) days from the date of adoption and the assessment(s) contained I
herein shall become due and payable thirty (30) days after the mailing
date of the notice of said assessment(s), after which a lien shall be
placed on said property (s) , and interest shall accrue at the rate of
eight (8 ) percent per annum plus, if collection proceedings are
necessary, the costs of such proceedings including a reasonable
attorney's fee.
Section 5. That in the event that payment has not been
received by the City Clerk within thirty (30) days after the mailing
date of the notice of assessment, the City Clerk is hereby directed to
record a certified copy of this resolution in the public records of Palm
Beach County, Florida, and upon the date and time of recording of the
certified copy of this resolution a lien shall become effective on the
subject property which shall secure the cost of abatement, interest at
the rate of 8%, and collection costs including a reasonable attorney's
fee.
PASSED AND ADOPTED in regular session on this the day
of , 1994. ,
!
MAYOR
ATTEST:
City Clerk
I
!
!
I I
- 3 - Res. No. 84-94
.,
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COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCES
PROPERTY DESCRIPTION OWNER ASSESSMENT
E 125 FT OF LOT 11, BLK. 5 ERNEST S, & CLAIRE R. COX $ 42.50
PLAT BOOK 26, PAGE 187, 3431 SAGEWOOD CIRCLE 70.00 (ADM. COST)
PUBLIC RECORDS OF PALM SALEM, VA 24153
BEACH COUNTY, FL
(3615 SHERWOOD BLVD.)
LOT 11, BLK, 38, RESUB OF BEULAH HUNTER $ 45.00
S 1/2 OF BLK. 38 & N 1/2 c/o NATHANIEL EVANS 70.00 (ADM. COST)
OF BLK. 39, DELRAY BEACH, 248 NW 14TH AVENUE
PLAT BOOK 11, PAGE 34, DELRAY BEACH, FL
PUBLIC RECORDS OF PALM 33444-1659
BEACH COUNTY, FL
(SW 4TH AVENUE-VACANT LOT)
W 1/2 OF LOT 7, BLOCK 30, ALBERT MARTIN & $ 30,00
TOWN OF DELRAY, PLAT BOOK MARYLIN S. BARON 70.00 (ADM. COST)
1, PAGE 3, PUBLIC RECORDS P. O. BOX 414002
OF PALM BEACH COUNTY, FL MIAMI, FL 33141-3444
(SW 5TH AVENUE-VACANT LOT)
N 50 FT. OF S 356.4 FT. OF ADELENE JENKINS $ 45,00
E 135 FT. OF BLOCK 24,TOWN 336 SW 5TH AVENUE 70,00 (ADM. COST)
OF DELRAY, PLAT BOOK 1, DELRAY BEACH, FL 33444
PAGE 3, PUBLIC RECORDS OF
PALM BEACH COUNTY, FL
(322 SW 5TH AVENUE-VACANT LOT)
LOT 8 (LESS N 20 FT) BLK NETWORK FINANCIAL CORP. $ 35,00
3, LAKE IDA SHORES, PLAT 9100 GRIFFIN ROAD 70.00 (ADM. COST)
BOOK 25, PAGE 54, PUBLIC COOPER CITY, FL
RECORDS PALM BEACH 33328-3540
COUNTY, FL
(532 NW 8TH AVENUE -
VACANT LOT)
LOT 7, BLK, 2, GOLF PARK, SIEGRIED ZANDER $ 42.50
PLAT BOOK 26, PAGE 141, KASTANIEN ST, 22 70.00 (ADM. COST)
PUBLIC RECORDS OF PALM 6380 BAD-HOMBURG,
BEACH COUNTY, FL FED. REPUBLIC
(SW 20TH COURT) GERMANY, 00002
LOTS 7 & 8, BLK. 35, TOWN WILLIE M. RICHARDSON $ 45,00
OF DELRAY, PLAT BOOK 5, c/o DOROTHY REEDER 70.00 (ADM. COST)
PAGE 38, PUBLIC RECORDS 7 PATTON STREET
OF PALM BEACH COUNTY, FL ISELIN, NY 08830
(34 NW 3RD AVENUE)
- 1 - RES. NO. 84-94
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S 50 FT OF N 250 FT OF GERALD C. MEITZ $ 45.00
135 FT OF BLOCK 33, TOWN RR 1 BOX 160 70.00 (ADM, COST)
OF DELRAY, PLAT BOOK 1, ZOLFO SPRINGS, FL
PAGE 3, PUBLIC RECORDS OF 33890-9728
PALM BEACH COUNTY, FL
(335 NW 4TH AVENUE)
E 50 FT OF W 583 FT OF JACQUEL DAWSON $ 52,50
S 140 FT OF N 165 FT OF c/o ANNAS RETREAT 70,00 (ADM. COST)
N 1/2 OF NW 1/4 OF SW 1/4 ESTATE TUTU, #E7
OF NW 1/4, 17-46-43, PLAT ST. THOMAS, US,
BOOK 1, PAGE 3, PUBLIC VI 00802
RECORDS OF PALM BEACH
COUNTY, FL
(1404 NW 2ND STREET)
LOTS 1 & 2, BLOCK 2, L. D. TERRY $ 52.25
SILVER TERRACE, DELRAY, 3111 SW RUCKS DAIRY RD. 70.00 (ADM, COST)
PLAT BOOK 11, PAGE 61, OKEECHOBEE, FL 34974-8639
PUBLIC RECORDS OF PALM
BEACH COUNTY, FL
(1145 SOUTH DIXIE HWY.)
S 50 FT OF N 300 FT OF T, & OLETHA JONES $ 45,00
W 135 FT. OF BLK. 33, P. O. BOX 1571 70.00 (ADM. COST)
TOWN OF DELRAY, PLAT DELRAY BEACH, FL 33447-1571
BOOK 1, PAGE 3, PUBLIC
RECORDS OF PALM BEACH
COUNTY, FL
(NW 4TH AVENUE)
LOT 6, BLOCK 4, ATLANTIC J. JR. & MARY M, SMITH $ 35,00
PARK GARDENS, DELRAY, 3616 AVENUE DEGIEN 70.00 (ADM, COST)
PLAT BOOK 14, PAGE 56, DELRAY BEACH, FL 33345-2239
PUBLIC RECORDS OF PALM
BEACH COUNTY, FL
(221 SW 13TH AVENUE)
LOT 18, BLOCK 23, TOWN MATILDA JOHNSON $ 45.00
OF DELRAY, PLAT BOOK 10, 225 SW 6TH AVENUE 70,00 (ADM. COST)
PAGE 69, PUBLIC RECORDS DELRAY BEACH, FL 33444-2537
OF PALM BEACH COUNTY, FL
(225 SW 6TH AVENUE)
S 240.77 FT OF N 596.54 ALEXIS S, WALLIS $190,00
FT OF W 181 FT OF E 402 3558 LONE PINE RQAD 70,00 (ADM, COST)
FT OF NW 1/4, 7-46-43, DELRAY BEACH, FL 33445-7654
PUBLIC RECORDS OF PALM
BEACH COUNTY, FL
(3558 LONE PINE ROAD)
- 2 - RES. NO. 84-94
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LOT 3, BLK 2, SILVER L, D. TERRY $ 52.25
TERRACE, DELRAY, PLAT 3111 SW RUCKS DAIRY RD, 70,00 (ADM, COST)
BOOK 11, PAGE 61, PUBLIC OKEECHOBEE, FL 34974-8639
RECORDS OF PALM BEACH
COUNTY, FL
(1107 S. DIXIE HWY.)
LOT 15, BLOCK 10, DELRAY ANTHONY BLAI SE $ 40.00
SHORES, PLAT BOOK 24, 2520 ANGLER DRIVE 70.00 (ADM. COST)
PAGE 233, PUBLIC RECORDS DELRAY BEACH, FL 33445
OF PALM BEACH COUNTY, FL
(2520 ANGLER DRIVE)
VIOLATION IS: SEC. 100,01 LAND TO BE KEPT FREE OF DEBRIS, VEGETATION,
MATTER CONSTITUTING HAZARDSi DECLARED NUISANCE.
- 3 - RES. NO. 84-94
.
M E M 0 RAN D U M
TO: MAYOR AND CITY COMMISSIONERS
FROM: fCITY MANAGER
g¡.¡
SUBJECT: AGENDA ITEM fi: - MEETING OF OCTOBER 18, 1994
RATIFICATION OF APPOINTMENTS TO KIDS AND COPS COMMITTEE
DATE: OCTOBER 12, 1994
Barbara Brown, representing Banyan Creek Elementary School, is
unable to attend the committee meetings and has appointed Thomas J.
Bruckner as her replacement. Mr. Bruckner's appointment will be to
complete the unexpired term of Ms, Brown ending April 22, 1996,
In addition, Agartha Gragg, the representative from Pine Grove
Elementary School, has been transferred to another location, Mr.
Dan Alphonso, Pine Grove Principal, has appointed Nancy Gross as
her replacement. Ms, Gross' appointment will be to complete the
unexpired term of Ms. Gragg ending April 22, 1996.
Recommend ratification of the appointment of Thomas J. Bruckner,
representing Banyan Creek Elementary School, and Nancy Gross,
representing Pine Grove Elementary School, to the Kids and Cops
Committee to fill unexpired terms ending April 22, 1996.
ref:agmemo
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~eµ nl!u¿
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
~ J 15 I'l-tC k-v ~~
NAME I ho¡y. "'S
3 7- J AlE 30 -H. ..s + re~ -t I IS ()(".A R d .J. C) ~ -,::=70 Y ; d rA. 33 '15/
HOME ADDRESS (Street, City, Zip Códe) (LEGAL RESIDEN )
15AN YAN CKE£K EifAf£AfíARY Q;2'1S 5AEdL LAkES (è~ UELRAY T3EAcl/n
PRINCIPAL BUSINESS ADDRESS (Street, City, Zip Code) I 33~~~ )
HOME PHONE 3' 1- () 9 73 BUSINESS PHONE )~3- IS:¡S-
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING ki d.s Q f d Cry'S
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates)
-AIo,4/E- ,
.
.
,
EDUCATIONAL QUALIFICATIONS 15. A . ADVEKTIS,IV 6- -IIEW Mtx 1[0 STA7F q:
M.A. £T)UClfTloN - "yEW MEX ¡Co STA7é rJ.
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD
nor" Jo. TEAC /I !/VG CEIê7JFIC/fT/oN rJI'!/, ESoL EAJ DoÆSE /J1é/IfT
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION
6'AN Y~Æ/ ~£EK EL£jVJENr~Y- c¡fI. :3 VtÄde 7)"01' O(J,/- ße:.vewl'Di~
, DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS
BOARD d
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r 1'.:\ J'M ,0.
PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL tHE ABOVE STATEMENTS AIlE nUE, AND I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN tHIS APPLICA-
TION HAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE.
~¡GBA~ /O/S-/9 :I
DATE
4/90
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. J elf ríì,lltY-
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
NAME ~t~ \ i I
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.~ I
, Id ""/"/'.
.~, Ud;:-
1f11 '- ~~(~11 ç
v . - --' .__ I
!d:.J(7fO¡/P ßL~ ~
BUSINESS PHONE ¿}t/J- JS"sY
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING J( / Co/J,
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates)
rJ €t.J 40 tH ea {
,
EDUCATIONAL QUALIFICATIONS \"\\ S F: ducz:w OJ ( t
1)\ ¡
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD
Derrl~1 J \ /~ !
I I"ý_,,- (I
-
GIVE YOUR PRESENT OR MOST RECENT EMPLOYER, AND SIZ{N
fun (j'\~{ìS() -lbfìé:p1 (
',j eq rOùe .
DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS
BOARD ~R ,. +PA(l,t\S ~J(,peri4.J(e
PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE. AND I AGUE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA-
TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE.
\~ h,,~. (;~ I J! <) /yel
SIGNA~ DATE
4/90
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~ø CITY MANAGER
SUBJECT: AGENDA ITEM # g() - MEETING OF OCTOBER 18, 1994
AWARD OF BIDS AND CONTRACTS
DATE: OCTOBER 14, 1994
This is before the Commission to approve the award of the
following bids and contracts:
1. Bid Award - to various vendors, via Palm Beach County Co-op
Contract, for gasoline and diesel fuel, in the amount of
$145,272.22, with funding from Garage Inventory - Fuel
(Account No, 501-3311-591-52.51) , and Golf Course Fuel -
Other (Account No. 445-4714-572-52.11) .
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I Agenda I tern No. : ~·O·/
AGENDA REQUEST
Date: October 12, 1994
Request to be placed on:
X Regular Agenda Special Agenda Workshop Agenda
When: October 18, 1994
Descript~on of agenda item (who, what, where, how much): Contract
renewal for Co-op Gasoline and Diesel Fuel via Palm Beach Countv Bid #93-230A at
estimated annual cost of $145.272.22.
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Award to variouR vendors (A-I Speciality Gasolines. Coastal
F\1plR :mn R 1>. Oil C:oml'any.) at an estimated annual cost of $145,272.22 via Co-op
Bid #91-230A from various accounts.
Department Head Signature:
Determination of Consistency
City Attorney Review/ Recommendation (if applicable):
~
Budget Director ReVie~red on all item. involving expenditure
of funds):
Funding available: YES/ NO
Funding al ternativ : , . (if apRJ,.t;6able),
Account No. & Descr+],tion: r::::v(-~f/-s;qI..?2-!2/ AlA INIJ6NTPfl.y....FlIßl
Account Balance: "2-0 £XX) -
/ . i4S--4-114- 5>17-. SL_~I \
City Manager Rèview: Gó ~ç:: C õRr<?h6/
'IJ, çþÒ At~L.- ---oíHfL
Approved for agenda: YES/ NO
Hold Until:
Agenda Coordinator Review:
.
Received:
Action: Approved/Disapproved
MEMORANDUM
TO: David T. City Manager
THROUGH: Joseph 'nance Director
FROM: Jacklyn Buyer ~
DATE: October 12, 1994
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
OCTOBER 18, 1994 - BID RENEWAL - BID 93-230A
CO-OP ANNUAL CONTRACT FOR GASOLINE AND DIESEL FUEL
Item Before Commission:
The City Commission is requested to approve the one (1 ) year renewal of
the Co-op Annual Contract for Gasoline and Diesel Fuel to the various
vendors listed below at an estimated annual cost of $145,272.22 (see
attached breakdown for City of Delray Beach).
The low bidders for Delray Beach are as follows:
Diesel #2 (Tankwagon)
A-1 Speciality Gasolines, Inc. @ $.0675 mark-up
Diesel #2 (Transport)
Coastal Fuels Marketing Inc. @ $.0140 mark-up
Regular Unleaded (Transport)
B.P. Oil Company @ $.0117 mark up
Background:
Gasoline and Diesel fuel is available via Palm Beach County Contract
#93-230A, and was renewed by the Palm Beach County Commission for an
additional year on October 04, 1994, per attached documentation.
The vendors have agreed to extend for an additional year to the Co-op, per
attached letters.
Recommendation:
Staff recommends renewal for an additional year, at an estimated annual
cost of $145,272.22, via Palm Beach county Co-op Contract #93-230A.
Attachments:
Estimated Quantities for City of Delray Beach
Award Letters to Vendors from Plm. Beach County dated 10/04/94
Renewal Letters to Vendors dated OS/23/94
cc: William Greenwood Chief Overman Braham Dubin
Richard Corwin Chief Wigderson David Junghans
Richard Sandell Don Haley
r·o·/
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Estimated Quantities for City of Delray Beach
Diesel 112 56,400 gal.
Regualr Unleaded 225,000 gal.
Breakdown:
Based on current Miami OPIS price for October 02, 1994
Vendor / OPIS Estimated Unit Price x Qty.
Description Bid Price + Price Quantitiy = Total Dollar Amount
-
Diesel 112 A-I .5223 6,400 gal. .5898 x 6,400 =
Tankwagon +.0675 $ 3,774.72
Diesel 112 Coastal .5223 50,000 gal. .5363 x 50,000 =
Transport +.0140 $ 26,815.00
Regular
Unleaded B.P. Oil .4980 225,000 gal. .5097 x 225,000 =
Transport +.0117 $114,682.50
TOTAL ESTIMATED DOLLAR AMOUNT
FOR THE CITY OF DELRAY BEACH $145,272.22
.
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".---.-' ,····,..-OCT-12-' 94 WED 09: 23 I D : F'UF~CHH:=; I t·jG FRX NO:407-233-1511 t:I::I~12 P02
~oard of County Commissioners County Administrator
.1a.ry Ï\f1èCa.tty, Chair Robert Weisman
(en 1. Foster, Vice Chainnan
earen T. Marcus
::arol A. Roberts Purchasing Department
'ValTen H. Newell
Jurt Aaronson
viaude Ford Lee
_.....~~.
A;LSPOOOl, Form L
A-l Specialty Gasoline
1900 Skees Road Da,te, OçtQber 4, H~4
West Palm :B@ach F'L 3 3'U:L
RE: PRICE AGREEMENT #: 9~-2~OA
Dear Vendor:
This is to inform you that Palm each CÓ1J.Ilty Board of County Commissioners ie entering into
a. pri~e Agreement with your ~om any fa:l:" Gasòlinè and Diesel Fue;L ba$ed on one e,f the
following:
( J FORMAL BID #
r ,J: J RENEWAL OF FORMAL BID # 9 -230 PR'
[ J EXTENSION OF FORMAL aID/RF :/I: -
[ ] WRITTEN QUOTATION # ,"'-'.......... -
[ ] VERSAL QUOTATION PER ..
[ J STATE OF FLORIDA CQNTPACT
[ ) PALM 13EAClt COt1.NTY SCHOOL B ARD BID #
[ J OTHER: .~-~......
The term of this agreement is 9/30/95 'l'he estimated doll.::lx v';.lue is
$ 3,225,500.00 among thJ;ee vend 11"8
The obligations of ~alm Beach Co :lty undE::J;' this agreement are Bubj ect to the availability of
funds lawfully appropriated for purpl~sè by toe State of Florida and the Board Qf Co~nty
Commissioners.
Þalm Beach eounty ~@partmentB w'll iBBU5 hard copy orders against this asreement as YOur
åuthcrizatìon to deliver. All i voices must reference each unique document number.
If you have any questions, pleas contact William Thrasher at (407) 233~1508 .
SinC""Olþ / /,
~ ~?d~ -
DoU~~' Myor "octor
purc sing Depa ment
cc: Fleet. Management
Fire Rescue
CoTr:an I
File j
"An EqLlal PPl'l'tunity - AHirnHJth'~ AdiQn Ëmplo}'12f"
Tof 503. Milít¡üy Tra I, SuilQ l1J West Palm Beach, Florida 33415-3199
:.,... ,I rlrlnt., I '~/I , .,-uI7/,.,1 H:Jn,.,r I O"} 2g~.lS 10 FAX: (4~') l~ð-l.5ll
·
-- _ ·-f 1,.',11..-.... -,_.'. .......-' .l .:....' . '_I '_-I ,'--1·_' J. I -·P..:-~ r H..--o.. i "~U: '-+u r -':::'._-'L...)-l.::..J~~.!.. ti:/:,¿ ¡::"\J3
loard of County Commissioners County Administrator
'.1alY McCarty, Chair RQbert Weisman
(en L. Foster, Vice Chairman
<an~n T. Marcus PUJ:cha$ing D~partment
:arol A. Roberts
Narren H. Newell
3urt Aaronson
Viaude Ford be
'_""U~·"',"'--~" ..... '-"-',.'.'--~"" .....--
BPOrOOOl Form 10
BP Oil
P.O. BOX 101447 Dat@: Qctobel.- 4 , 1994
Atlanta GA 30392
RE; PRICE AGREEMENT #: 93-230A
Dear vendor: I
This is to inform you that palm eac11 COUllty BOa.J;'d. of Coun.ty CommiasiònerB is entering into
a Price Agreement with your com any fm: Gasoli~e ¡;¡.nd Pie881 Fuel basEK' on one of 1;. he
following:
( ) FOl<MAL BID # .---
[ X } RENEWAL OF FORMAL ··230/Þ.R M,·....
( ] EXTENBION OF FORMALBID/RF :IF
( ) WRITTEN QVOTATION #
[ J VERB~ QUOT^TION PER -.,.---~
[ J STATE OF FLORIDA CONTPACT
( ] PALM BEACH COLmTY SCHOOL B ARD BID #
[ ] OTHER: pot"...... -..-
The term of this agreement is 1 1 94 through 9[30/95 The estima~ed dollar value is
:;; 3¡226,500.00 among three vend r8 awar'd€:d,
The obligations of Palm Beach Cou ty 1.U1d€~r this agreemElrlt are subject to the availab:Uity Of
funds lawfully appròpriated for" ta purp:)se by the State of FlQ;r;ida and the Board of county
Commissioners.
Palm Beach Coun.ty Departments w'll issue hard copy orders against this agreement as your
authori~atio~ to deliver. All i voices must réferenc~ e~~h 1)ni\~\e document numbe..
If yöu have any questions, pleas contact W:Lll:La.m Thrash$r at (407) 233-:LS08.
_~cere~ /
~ ~dÃ'
DO~V. My. ,DirooCor
PU· asing DepáÍ:tment
cc: Fleet Management
Fire Rescue
CoTran
File
,
HAn Equal Pp()rruni~y - AHi1',,..,:.,t;v(' AdiQn Emp!~)ye.¡,"
~ fJllnt1!f!.1 on .-"ç}lt;If;!Irj f):J(.tfJr 50 S. Milit~I'Y Tr.~. ,SIJih~ 11f1 Wes. Palm ijEjack Plodd" ~j4g-~il,)~~
( (7) l:B-l!1('O FAX: {'107) 2.,3-1511
· It_.'__·~ I '_1--;
Board of County Commissioners County Adminisb:~hJr
Ma.J:Y McCarty, Chair RobeJ:t Weisrnan
Ken L. Foster, Vice Ch~Ü:maJI
Karen T. Marcus Purchasing Depa.rtment
Carol A. Roberts
Warren H. Newell
Buxt Aaxonson
Maude Ford Lee
0 -. -.,...,.
COA80017A Porm L
coastal Fuel~ Ma~keting Ine,
8700 West Flagler street Date: OctQQe~ 4. 1994
Miami FL 33174
RE: PRICE AGREEMENT #: 93-2)fJb.
Dear Vendor:
i
This :Ls to :inform you tha.t Palm ach County Boal-d of County Commissioners is entering in.to
a price Agreement. .....·ith your com any fo,,: Gà~9liD~ and Dið~~. t'.µe 1 baaed on one of the
following:
[ ] FORMAL BID # -
( X J RENEWAL OF rORMAL Ð!P # 9. -:2.30 PF. -'.'._-
[ ) EXT~NS¡ON OF FORMAL BIP!RF #-
r J WRITTEN QVOTA~¡Q~ # .""':.'"",~...II..'-
[ J V~R~A~ QCQTATION P~R
[ J STATE OF FLORIDA CONTRACT
[ ] PALM BBACH COUNTY SCHOOL B BID # ~'"-'-
[ ] OTHER: ~. , ~
The term of thia agreement iB J. 1 34 through 9/30195 The estimated dolla.r value ig
$ 3,226,500.00 among three vend rs awarded.
Tlle obligatioú8 of Palm Beach Cou ty under thi5 agreement ar~ $uoject. to the availability of
runðs lawfully appropriated for 'ts purpose by the sta.te of Florida and the :Soard of county
commieeionerlJ.
Palm Beach County Departments w'11 issul~ hard copy 01:'c;1ë:rS against this agreement as your
authorization to deliver, voic~s must reference each unique document number.
If you havQ âny questions, pleas contact william Thragh~r at (40?) 233-1508.
Sincerely,
MyeX's, rector
Depart ent
/
co: Fl~et Management
Fire Rescue
CoTran
File
,
IIAn Rq".¡)l pportuni!y -·!\,ffjrmtltívl! ¿,¡;tion EmplQyer"
9 p"rU,:,rl ~!rI ~¢y¢I,="t;I P~PIl/ 5(} s. MUitaryTra J, SuH~ rIll w~gt P;¡lm Beadt FJodda 3M1!:.3199
\ (7) ~¿¡3-15UQ .1'1\Xí ('107) ¡33-1511
-,---_.- OCT-12-'94 WED 09:24 I D : F'UF:CHA~=; I r·~G FA>< t~I]: 4[17-233-1511 1=1552 F'05
Board of Coûnty CoÌnmbfiioner6 County Adndnhdrator
Mary McCarly, Chair Robert Weisman
K~n L Foster, Vk~ Chairman
Knren T. Marcus
Carol A. Roberts Purchasing Department
Warl"en H. Newell
Burt, Aaronson
Maude Ford Lee
.............. --.-...-....,.-, ....... ·,-.W.-IW,·...·.,·.".-,·,-,,',.,-.-.~ ....,. ..._.....,.,.....\..,._' -'..-......',...,.-...
May 23, lS~4
A-l Spècialty Ga501ine
1900 SkeeS Road
west Palm 1Jeach, FL 33411
I
Dear Vendol.- ~
Palm :Bea.oh Coc.n~~' Bo~~d f Co'!..:,:".ty CommilJliiiQw..:;,-¡¡¡ n¡¡qu:"rcs vanda:::- compliar..cÐ and/or
commit.m~nt. due t.o the cou y's i?lntic:Lp<!!lted p8-;¡;-ticipation in one of the following:
( X) PALM BEACH CO Y BOAF:I> OF COtlN'X'Y COMMISSIONERS "EXERCISE 011' OPTION
J'OR RDNmWALn FERENC;I:NG BJ:D!QUOTATI:ON # 93-230/PR
( ) J;'TJRCHASE ORDJE /PRICE AGREEMENT GENERATED AND APPROVED AS A
SOLE SOURCE. IliA: : _
( ) OF BID/RFQ/PRICE AGREEMENT #
THROUQH
( ) ¡'At.M nEACH y S~HOOL BOM!) BIn i
( ) OTHER
(}{) The undersigned agre_s to t.he above inch.lding any sp@cial comm@nts, if any,
( ) The 'UJ:J.de;¡;-sìgned does NOT ag~'~ee for the followìng reason (s) :
In compliant:!/!!! with the Flo ida public lEntity Crime Statute th@ attach@d Form #PUR~7068
must be fully executed, no returned. If an affidavit has been provided this
calendar yea.r, please not
( )() Th~ ~ndQrsign~d att-sts tha: an executed Form #PUR-706S is on file with
Palm Beach county PU ·cl1asinç:f this calendar year.
( ) The undérsigned has an ~xecuted Form #PlW,-7068.
pleaae return completed d cument6 qO ¡ater than June 6. ],994 Thia ia NOT an order.
You will be not1f:i..ed in W1:· tten f,:n:,m of any individual order created from the above.
If you have any questions, please do not hesitate to contact william Thrasher at 407-
233-1508..
FIRM NAMB~ #/' h ,~~.
.. ,
AUTHORIZBD INDIVIDUAL TYP~I Ær"k ¿J,,~..u;tp/Þ1S
áJJ'L, A ~ -~
DATE S:02-~-9ý
"An Equ.aJ Jpport\.lnHy - .AffjJ')n~tjv~ Action Employer"
'?'t '1, Suite UJ W"st Palm n~;'içh, Florida 33115-3199
(t-,(':J~ prj",,,d (,'\r, '01~Jl,-\lgd PQP~' 07) 233-1(\00 FAX: f.'ltl7) 233-1511
.,
.
_.'-,-- , .L..::- _,,,,,¡,, I,.I,IL':"" '_I:'). '::'::-1 1 .i...! ~ ~- '_'I ,,:J_.;'-·P--I:=r 1 !"··JI":'l ' , f···jU: 4lJ·(;-¿...j...:J-~::ll1 !:I:::,':::,2 F'l]~, .. '.- ..".._._.~
Board of County Commissioners County Administrator
Mary McCarty, Chair Robert Weisman
Ken L. Foster, Vice Chairm.an
Karen T. Maœu$
Carol A. Roberts Purchasing Depa.rtment
Warren H. Newell
Burt. Aaronson
Maude Ford L€e
....,._._-~
M~Y 23, 1994
s" Oil
PO Box 101447
Atlanta, Georgia 30392
Dear Ve.ndor! ¡
pa.lu\ B.eaol-... CO-,-,-Lity" Beård :£ C(J~Îlty '~Òt':\,,;;nissi,o!l~::!:'g r;;;qtJ.l:r:,,;¡g '\.fQrl<:lox:" compliance ""nd/<lr
commitment due to the cou ty' s an'l~icipated participation in one ot the following:
(~) PALM BEACH Co Y SOAil,D OF COtrN'l'Y COMMISSIONERS nJ!:xtRC:tSE OF OPTION
FÙN. ItENXWAL I' FERBNC:ŒG BXD!QUOTAT:rON # 93-230/pR
( ) ÞURCHABE ORDB !PRICE AGREEMENT G~NERATED AND APPROVED AS A
SOLE SOtJRCS. ¡fA:#/: _ ,....,....-,-..,.....-...........--........
( ) EXTENf:ION OF BID/RFQ/PRICE AGREEMENT 1t
'l'Hi!.Q'DGlB
( ) PALM BEACH SOARD BID I I
( ) OTHilR
r;4 Th@ undersigned above including any special comments, if any.
( ) The l.mdersisned NOT as:œe for the followins reason (sJ ;
In compliance with the Floida Public Entity Crime Statute the attached Form #PUR-7068
must be fully execuced, no l"ized é!Lnd returned. If an affidavit hag been provided this
calendar yea:t', please note below.
ÞÓ· The undersigned att an executed Form #PUR-7068 is on file with
Pðlm B@ach Count:y p. this cal@ndar y@ar.
( J The undersigned has an executed Form #PUR-7068.
~l@as@ r@turn completed d cuments no later than June 6. ~994 This iß NOT an ord~r.
You will be notified in w:t_tt.en fO:tlfl of any individu8J. order created from the êI.bove_
If yòu have any quegtÊÜi p~aw-0t hesitate to c.ontact William Thrasher at 407-
233-1508.
,~ 1040 SWELL RI~'J SUI1I .
AMK QA 30150-11.
FIRM l'{AME;
5: -- ,--.) Û 71 ¡/ :; TlJ/tI
AUTHORIZED INDIVIDUAL (PRI !TYPE;I '= ;4 ~.l) ~f} .1- .
1tLM.~- d: ºi2./¡{-1~'L-./
(/ ._.~ (p/.z19d
TITL:E ì-L-t 71(,,/ b DATE
I /
"An Equal 1pportlmHy - AfHrmati.ve Acti.on En)pl()y~~""
ª, cr{J1COc1 01" rð")i(' ~Lf µ',r;ntIr 505, l'lJilitalY Tra t 5tÜt~ 1111 West Palm B'!ach, Florida 331115-3199
( 1)7) 1:'13.:1.500 FAX, (1107) ¡;';;-I:;11
.
· . ,__, '--__',_' -'-_'...L...... .Li..':'I:'I¿ f-'L.::Y I - .. . .
loard of County Commissioners County Admwislrator
.1ary McCarty, Chair fZober't Weisman
~en L. Foster, Vice Chairman
~ren T. Marcus
~¡uol A. Roberts PUl'çhasing Department
Varren H. Newell
lurt Aaronson
,1aude Ford Lee
~~~-""'''''''._'.'-''-
--.-""
May 23. 1~94
Coo.sto.l ~ Re·ining {j Marketing. Inc.
8700 west Flager street
Miami, FL 33174 I
Dear Vendor: I I
t'alm geach CovP.ty BQ<;irc;i i CC)u;r::¡ty Commissioners :t'ec¡uì:t'es vendor çom;pLi.ançe and/or
commi tment due to the c;:c>u y' s ar~ticip8.t@d participation in ou@ of the following:
(X> PALM B5ACH CO Y SOAPi,V O~ COUNTY COMMISSIONERS "EXERCIS! Ot OprXON
lI'OR RBNEWAL" FERENC:CNG BID/QUOTATION # 93-230/IJR
( ) PURCHA515 ORD!!ì /PRI:CE AGREEIUN'l' GENERATED AND APPROVED AS A
SOLE SOURCE, / PA# _
( ) MUTUALLY AGRK KXTEN!HON OF BID/RFQ/PRI:CK AGREKJŒNT #
FOR TØB PK~~O THROUGH
( ) ÞALK BIACH CO TY SCUI,)OL BOUD B:rD i
( ) OTHSR
( X) The undersigned g t.o the above incl udin9 any .'¡;1,J@cial comm@nts, í f any,
( ) '£he undersigned does NOT agree for the followin¡:) réason (s) :
In compliance with-the Flo ida Public Entity Cdme Statute the attached form #PUR-'7068
must be fully executed, no rized and returned. If an affidavit has been provided this
c~lend~r year, please no~ below.
(X) 'the under:aigned att ata tha;: an executed Form #PUR-7068 ia on file with
Palm Beach County P1.: chasin~J this ca.lenda.r yea.r.
( ) The undersigned has an exeouted Form #PUR~7Ú6e.
ple~Ge retu.n çomFl~teò d c~ment~ no late. than June 9, 1994 This i~ NOT an o.~e..
You will be notified in w ·tten form of any individual order created from the above,
If }'ou have any questions, please do not hesitate to conta.ct william Thrasher at 407-
233-1~·
FIRM NAME: Coastal Reflnl1 JL.~~i~~ting" Inc.
AUTHOR.rZED rNDIVJ:D'C'AL /Ty ¡lB} Arnold E. Sea.ton
AUTHORIZE]) SrGNATURE .~, - ~~
I
T!~LE Direçtor~ Marketin DATE May 31~ 1994
,
pportunity - Affirmative Açtior\ Employer"
50 S. hlilitary Tra I, SuH.~ un We~t l>alm Beach, Florida _33415-3199
prlnt,uJan ",oye/aT} papa' ( 07) 233-1500 FAX: (407) 233-].51.1
I
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~CITY MANAGER
CfA
SUBJECT: AGENDA ITEM # - MEETING OF OCTOBER 18, 1994
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS
DATE: OCTOBER 14, 1994
Attached is the Report of Appealable Land Use Items for the
period October 3 through October 14, 1994, It informs the
Commission of the various land use actions taken by the
designated Boards which may be appealed by the City Commission,
Recommend review of appealable actions for the period statedi
receive and file the report as appropriate,
K EC'£,¡'oSD C4-- (.¡ I w
6'-0
I
.
.'
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDEN, CITY MANAGER
~ ~I?O,
THRU: DIANE DOMINGUEZ, DIRECTOR
DEPARTMENT ~~NING
FROM: PERKINS, PLANNER
SUBJECT: MEETING OF OCTOBER 18, 1994
REPORT OF APPEALABLE LAND USE ITEMS
OCTOBER 3, 1994 THRU OCTOBER 14, 1994
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is review of
appealable actions which were made by various Boards during
the period of October 3, 1994, through October 14, 1994.
BACKGROUND:
This is the method of informing the City Commission of land use
actions, taken by designated Boards, which may be appealed by
the City Commission. After this meeting, the appeal period
shall expire (unless the 10 day minimum has not occurred).
Section 2.4.7(E) of the LDRs applies. In summary, it prov ides
that the City Commission hears appeals of actions taken by an
approving Board. It also provides that the City Commission may
file an appeal. To do so:
1. The item must be raised by a City Commission member.
2. By motion, an action must be taken to place the item
on the next meeting of the Commission as an appealed
item.
PLANNING AND ZONING BOARD:
The Planning and Zoning Board did not meet during this period.
SITE PLAN REVIEW AND APPEARANCE BOARD MEETING OF OCTOBER 5, 1994
A. Approved (6 to 0), with conditions, a Minor Site Plan
Modification, Landscape Plan, and Building Elevations,
.
City Commission Documentation
Appealable Items - Meeting of October 18, 1994
Page 2
for the construction of a restaurant addition for the
Pineapple Grill at Palm Trail Plaza, located at the
northwest corner of George Bush Boulevard and Palm
Trail.
HISTORIC PRESERVATION BOARD:
The Planning and Zoning Board did not meet during this period.
RECOMMENDED ACTION:
By motion, receive and file this report.
Attachment: Location Map
,
. -
J w willi 1/ I
~ ~WITHERSPOON LANE /
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McKEE LN. /
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GEORGE BUSH BOULEVARD
L.-
£..~\S
N. E. 7TH CT. ..,. \J\~C
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PINEAPPLE GRILLE
Pl..NNNQ DÐ'AImIDfT
aN at ŒUlAY KAOI. R.
- 0IGffAL S4SE' UN' S't'S'1EJI -
I
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~ITY MANAGER
SUBJECT: AGENDA ITEM # qB - MEETING OF OCTOBER 18, 1994
BOCA RATON FUTURE LAND USE MAP AMENDMENT/BOCA MARKET-
PLACE
DATE: OCTOBER 14, 1994
This is before the Commission for review and formal comment on
Boca Raton's proposed Future Land Use Map amendment for the Boca
Marketplace at I95 and Congress Avenue. The proposed change is
from Industrial to Commercial.
This property abuts Delray Beach's southern border, There are
potential negative impacts to the City of Delray Beach such as
traffic increases and the economic impact of adding extensive
retail and commercial space into an area that already contains
vacant stores in the existing retail centers, Please refer to
staff documentation for a detailed analysis,
Recommend the Commission formally request the City of Boca Raton
to deny the Future Land Use Plan Amendment from Industrial to
Commercial for the Boca Marketplace.
p~ & II J J
~~ úXl/n!A- ¿ ~
~~ ~
éa. ~JsI)
I
·
I
.
,I? ~f?
/' .
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDEN, CITY MANAGER
~~.
FROM: DIANE DOMINGUE, RECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF OCTOBER 18, 1994
REVIEW AND COMMENT ON CITY OF BOCA RATON LAND USE PLAN
AMENDMENT FROM INDUSTRIAL TO COMMERCIAL FOR THE
PROPOSED BOCA MARKETPLACE AT 1-95 AND CONGRESS AVENUE.
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
formal comment to the City of Boca Raton regarding a
proposed amendment to the City of Boca Raton's Future Land
Use Map for the Boca Marketplace.
BACKGROUND:
As in the City, the City of Boca Raton processes amendments to
its Future Land Use Map twice a year. Attached is a Planning
and Zoning Board report which addresses a proposed Land Use
amendment which abuts the City's southern border. Given the
amendments location it is appropriate for the City Commission to
provide a formal position to the City of Boca Raton City
Council.
RECOMMENDED ACTION:
By motion, request the City of Boca Raton City Council DENY the
Future Land Use Plan Amendment from Industrial to Commercial for
the Boca Marketplace, based upon the following potential
negative impacts to the City of Delray Beach:
1) Traffic impacts created by the 40+% increase in daily
trips over the existing approved hotel/office use;
2) Negative economic impacts created by the addition of
more than 500,000 square feet of retail/commercial use
into a trade area that contains a significant number
of vacant stores in existing retail centers.
Attachments:
* P&Z memor~ndum report
'.
PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT ~-.
MEETING OF: OCTOBER 17, 1994
AGENDA ITEM: III.C. RECOMMENDATION REGARDING CITY OF BOCA
RATON LAND USE PLAN AMENDMENT FOR THE PROPOSED
BOCA MARKETPLACE
ITEM BEFORE THE BOARD:
The item before the Board is that of making a
recommendation to the City Commission regarding a proposed
City of Boca Raton land use plan amendment from Industrial
to Commercial, f or the proposed Boca Marketplace at 1-95
and Congress Avenue.
BACKGROUND:
This item involves a change to an approved DRI (Development of
Regional Impact) previously known as the Knight Commerce Centre.
The originally approved plan was to include 927,500 square feet
of office use, 118,500 square feet of research and development
use, and a 250 room hotel, for a total of 1,295,000 square feet
of development on a 70 acre site. The proposal is to change the
original DRI to a shopping center comprised of 452,000 square
feet of retail use, a movie theater that is 51,600 square feet
in size, and four outparcels (use unspecified) totalling 18,400
square feet, for a total of 522,000 square feet on 61.5 acres of
land (the remaining 8.5 acres are now in use as a park and ride
facili ty) . The project, to be known as Boca Marketplace,
anticipates a build-out date of December 1999.
The developer, H.O. Tampa Development, has submitted an
application for a substantial deviation to the DRI, as well as a
land use plan amendment from an Industrial to Commercial
designation. The substantial deviation is in the review
process, and the application has been determined to be
insufficient by the Treasure Coast Regional Planning Council.
The land use amendment is scheduled for consideration by the
City of Boca Raton Planning and Zoning Commission on November 3,
1994. As the proposed project is adjacent to the southern
boundary of the City of Delray Beach, it is appropriate that the
City forward a recommendation on this amendment to Boca Raton.
ANALYSIS: ,
While the proposal will result in a large decrease in the total
square footage of the development, the change in use from office
and hotel to a retai 1 complex will have significantly greater
impacts on the City of Delray Beach. In terms of traffic, the
number of daily trips that would be generated by the approved
office/hotel is 9,767. The proposed retail/theater complex
,
. .
P & Z Board Memorandum Staff Report
Boca Marketplace
Page 2
is expected to generate 16,874 daily trips, a greater than 40%
increase that equates to more than 7,000 additional daily trips.
The projected traffic pattern shows that more that 41% of the
total trips generated by the development will be distributed
onto Congress Avenue in Delray Beach (4,000 already approved
trips; 2,900 additional). More than half of those trips are
further distributed onto Linton Boulevard, which is expected to
experience 25% of the total trips generated by the center (2,450
already approved trips; 1,750 additional). The application
proposes lane additions to Congress Avenue and some intersection
improvements; however, no improvements are proposed for Linton
Boulevard.
Linton Boulevard currently fails Level of Service (LOS) "D"
between Congress Avenue and Wallace Drive/Waterford Place. In
addition, Linton Boulevard between Congress Avenue and Military
Trail is close to failing Level of Service "D", and is expected
to fail by the time construction begins on this project. It
should be noted that the previous DRI approval required the
6-laning of Linton Boulevard prior to the issuance of building
permits beyond 800,000 square feet of office. It would seem
logical that a development which is proposed to generate trips
in excess of 40% more than the approved DRI would also include
the widening of Linton Boulevard to 6 lanes.
In addition to traffic considerations, the economic impacts of
such a large retail center must be evaluated. According to the
market analysis that was submitted with the application, the
center is to be occupied by large national tenants that deal
primarily in hard goods (appliances, furniture, etc.), as well
as some value-oriented soft goods (linens, clothing) . Some
prospective tenants that are listed in the study include Service
Merchandise, TJ Maxx, Home Depot, Office Depot, Toys R Us·,
Linens and Things, and similar stores; as well as an AMC or Cobb
movie theater.
The anticipated geographic market or trade area extends from
Boynton Beach Boulevard on the north to S. W. 10th Street in
Deerfield Beach on the south; and from Atlantic Avenue on the
east to roughly 441 on the west. Thus, the entire City of Delray
Beach is included in the potential market. The study, which was
prepared by Goodkin Research, concludes that the trade area is
not overbuilt, and that 1.2 million square feet of major new
retail facilities could be absorbed within it in the next 5
years. The study further states that because it will emphasize
hard goods merchandise, Boca Marketplace will offer minimal
competition to existing stores and centers in the trade area.
Gi ven the longstanding vacancies that have been experienced in
centers throughout Delray Beach, those conclusions are
questionable. While the economy appears to have improved
somewhat in recent months, substantial retail vacancies persist.
For example, Phase II of Delray Square (formerly occupied by
Ames/PharMor) is only 30% occupied, and only recently secured
.,
·
P & Z Board Memorandum Staff Report
Boca Marketplace
Page 3
the tenancy of the Big Lot store. The Delray Mall (excluding
the Publix/Eckerd strip center) is 65% occupied. The Office Max
store in Delray Crossings (Target) has been vacant for months,
and Phase II of the Albertson's Center at Linton and Military
has been approved but unbuilt for years, largely because of poor
market conditions. There is little doubt that this proposed
center would aggravate the present situation, and would result
in additional vacant stores in Delray Beach. While the Boca
Marketplace tenants would not directly compete with the
downtown, the addition of another huge retail center at the
western end of town is not something that the downtowns of
either Delray Beach ~r Boca Raton will welcome.
As previously stated, the DRI modification is in the review
process, which involves a myriad of local, regional, and state
agencies. Both the traffic issues and market study will be
thoroughly analyzed, as well as environmental and other factors.
Planning and Zoning staff have submitted preliminary comments
regarding the insufficiency of the application to the Treasure
Coast Regional Planning Council. The first approval that the
applicant is seeking, however, is the amendment to the City of
Boca Ra ton's Future Land Use Map. This is a separate process,
and it is an important opportunity for Delray Beach to state its
position.
RECOMMENDED ACTION:
By motion, recommend that the City Commission forward its
objection to the proposed City of Boca Raton Land Use Plan
Amendment from Industrial to Commercial for the Boca
Marketplace, based upon the following potential negative impacts
to the City of Delray Beach: .
1) Traffic impacts created by the 40+% increase in daily
trips over the existing approved hotel/office use;
2) Negative economic impacts created by the addition of
more than 500,000 square feet of retail/commercial use
into a trade area that contains a significant number
of vacant stores in existing retail centers.
Attachments:
* Location Map and Site Plan for Proposed Boca Marketplace
orIPZBOCAMAR.DOC
.
. -
.______._ n__'__
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·
[ITY DF DELRRY BER[H
DElRAY BEACH
¡ (> II [....
tr.eztI 100 NW. 1st AVENUE· DELRAY BEACH, FLORIDA 33444 ' 407'243,700C
fiifP MEMORANDUM
1 'ilJ) TO: David T, Harden, City Manager
FROM: Ø-Robert A. Barcinski, Assistant City Manager
SUBJECT: AGENDA ITEM #9~ CITY COMMISSION MEETING 10/18/94
WAIVER REQUEST POLICE OVERTIME - ROOTS FESTIVAL
DATE: October 11, 1994
ACTION
City Commission is requested to consider waiving Police
overtime for the Root's Cultural Festival in the amount of
$3,122.97,
BACKGROUND
We have received a request from Mr, Tommy Stevens, Chairperson
for Root's Cultural Festival, Inc. , to waive all Police
overtime costs incurred. Due to weather conditions and a
smaller than normal turnout, the Committee was unable to raise
the funds necessary to meet all costs. Attached is a copy of
the Root's Festival revenue and expense statement, The
document has been reviewed by staff, The net balance is
$1,410. Mr. Stevens still anticipates the possibility of
receiving additional bills.
RECOMMENDATIONS
Consider request from Mr, Stevens to waive all Police overtime
charges for this year's Root's Cultural Festival,
RAB:kwg
File:grahamkw/Agenda ý!j~ 18~, zd
Doc, :1018doc.OO1 /////9¿¡
&~~í~
~
@ F-."ì.·e,:·...y kt;K>'C/tK' Þape.' THE EFFORT ALW¡:'YS MATTERS
.,
·
.
.
,
ROOTS FESTIVAL BUDGET
.
EXPENDITURES:
A. ATHLETIC COMPONENTS:
1 . Tennis Tournament
Prizes $248.00
$159.00
$75.00
Tennis Balls $666.00
TOTAL: $1,148.00
2. Basketball Tournament
Bookkeepers $468.00
Official $1,560,00
Banner $55.00
Administrative Costs (Fred Grice) $265.00
..
TOTAL: . $2,348.00
B. OUTDOOR ACTIVITIES:
Truck Rental $243.00
Borrow Brothers $85.00
Health Dept (Pepsi Booths) $25.00 .
Person to clean bathrooms $240.00
Cleaning Supplies $15.00
Outdoor Security $96.00
Paid Pepsi Company $914.00
Expenses for Outdoor Gospel $150.00
Ice $360.00
Long distance phone calls $85.00
TOTAL: $2,213.00
'.
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C. SOUND AND MUSIC FOR BASKETBALL ~OURNAMENT:
Sound $350.00
Outdoor Music $400.00
Outdoor Sound $2,000.00
TOTAL: $2,750.00
FESTIVAL T-SHIRTS $1,024.00
$115.00
TOTAL: $1,139.00
D. ACADEMIC COMPONENTS:
Year-to-Date $225.00
$3,200.00
TOTAL: $3,425.00
E. GENERAL LIABILITY POLICY: ..
The Plasteridge Agency, Inc. $1,300.00
.
F. TROPHIES:
Youth on Parade $177.00
Youth on Parade $131.00
Basketball Tournament $500.00 ¡
TOTAL: $808.00
G. PRAYER BREAKFAST:
Typing Programs $10.00
Catering Food $350.00
Printing Tickets $32.00
$34.00
TOTAL: $426.00
H. SOVENIER BOOKS
Printing/Typeset $3,361.00
GRAND TOTAL: $17,770.00
,
. ,
.
LIABILITY:
Delray'Beach Police Security $3,200.00
REVENUE:
City of Delray Beach $2,000.00
Crop Sponsorship $1,000.00
T-Shi.rts $430.00
Tennis Tournament $1,300.00
Basketball Tournament $1,500.00
Youth on Parade $600.00
Pepsi Sales $2,400.00
Concession (booth space) $3,450.00
Donations (academic components) $3,200.00
Ads for sourvenir books $3,300,00
TOTAL: $19,180.00
IN-KIND COSTS: ..
Overtime staffing of Pompey Par $1,500.00
Regular part-time staffing $1,000.00
Security for facility $1,200.00
Security from MAD DADS $1,656.00
TOTAL: $5,356.00
"
Tennis Tournament $2,448.00
Expenses $1,148.00
Profit $1,300.00
Basketball Tournament $3,848.00
Expenses $2,348.00
Profit $1,500.00
Roots Festival T-Shirts $1,569.00
Expenses $1..139.00
Profit $430.00
EXPENDITURES: $17,770.00
REVENUE: $19,180.00
.
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,
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.
[IT' IF DELIA' IEA[H
DElRAY BEACH
f lOR lOA
~ 100 N.W. 1st AVENUE· DELRAY BEACH, FLORIDA 33444 . 407/243,7000
;iiir MEMORANDUM
1993 TO: David T. Harden, City Manager
FROM: ÐP-Robert A. Barcinski, Assistant City Manager
SUBJECT: APPROVAL REVISED GOLF COURSE MANAGEMENT AGREEMENT
AGENDA ITEM # c¡ D CITY COMMISSION MEETING 10/18/94
DATE: October 14, 1994
ACTION
C:Lty Commission is requested to approve a revised Management
Agreement with BJCE, Inc. from October, 1994 through September,
1995.
BACKGROUND
As part of their review of the bond issue for the Municipal
Golf Course Clubhouse, our bond counsel reviewed our current
management agreement, Due to tax law regulations, counsel
advised that the term of the agreement be limited to five
years without a renewal clause, and to change the performance
bonus payment section so that it is not based on net profit.
These changes, as well as the term of the contract, and the
base fee payment have been incorporated into the revised
contract, The base fee for the current fiscal year and
succeeding fiscal years was increased by $250 per month to
account for increased responsibilities associated with the new
clubhouse, The performance section was changed to a fixed fee
bonus with a range of $0 - $10,000 and is based on the
accomplishment of goals set forth in Exhibit "B" . These goals
will be revised each year.
RECOMMENDATION
Approve rev:Lsed Management Agreement with BJCE, Inc,
RAB:kwg
Attachment ~ 5-0
File:grahamkw/agenda
Doc,:1018doc.004
@ Printed on Recycled Paper THE EFFORT ALWAYS MATTERS
'.
·
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MUNICIPAL GOLF COURSE MANAGEMENT AGREEMENT
THIS AGREEMENT is made as of the day of
, 1994 by and between the CITY OF DELRAY BEACH
(hereinafter called "City"), and BJCE, INC. (d/b/a Dubin &
Associates) (hereinafter called "Dubin") , the principal
addresses of each party being those set forth on the signature
page of this Agreement.
NOW THEREFORE, the parties hereto agree as follows:
l. AGREEMENT TO PERFORM WORK: City agrees to
retain Dubin to render certain professional services
(hereinafter the "Work" ) and to pay for the performance of
such Work on and under the conditions which are set forth in
this Agreement, and Dubin agrees to perform such Work and to
accept in full payment as is set forth in this Agreement.
2, THE WORK: The work shall generally consist of
those services more particularly set forth in Exhibit "A".
.. 3, ADDITIONAL SERVICES: Dubin will not be paid
.
for reimbursables nor for services in addition to those listed
in Exhibit "A" attached hereto without the prior written
authorization from City which authorization shall be in the
form of a Purchase Order, Work Order, Order to Contractor, or
other similar written instrument ( "Change Order") . Dubin
shall keep a separate record of these additional
'I
reimbursables and services and City shall be invoiced
separately therefore, Any service provided by Dubin for which
a Change Order has not been issued shall be considered within
the scope of the Work covered by this Agreement. The parties
agree and understand that whenever Dubin provides services
which shall be considered additional services, it is the
responsibility of Dubin to request a Change Order to this
Agreement, Failure of Dubin to request a Change Order prior
to performing such services shall be interpreted that such
services are within the scope of the Work covered by this
Agreement.
4, TERM OF AGREEMENT: The term of the agreement
is from October 18, 1994 through September 30, 1999.
Notwithstanding the above, with or without cause either party
may terminate this agreement with ninety (90) days prior
written notice delivered in person or transmitted certified
mail, return receipt requested.
5. AVAILABILITY OF CONSULTANT: During the term
of this Agreement, Dubin shall make himself available to
perform the Work as may be required to accomplish the Work in
the manner required by this Agreement. Dubin shall be
available for consultation during the hours normally worked by
City's employees unless otherwise agreed between City and
Dubin, and in special circumstances. Dubin shall also be
available to City during evening meeting hours and other
reasonable times when required by City.
2
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6. BASE PAYMENT: The City shall pay Dubin for
the performance of work at base monthly rate payable on the
first of the month as follows:
Oct. 94 - Sept, 95 $6,500 per month
Oct, 95 - Sept, 96 $6,750 per month
Oct, 96 - Sept, 97 $7,000 per month
Oct, 97 - Sept, 98 $7,250 per month
Oct. 98 - Sept. 99 $7,500 per month
The City shall also accept and pay reimbursables,
including:
(a) Payroll costs for Dubin's employees who are
working full time at the Delray Beach
Municipal Golf Course, such payroll costs are
subject to the City Manager's prior approval,
and only such approved costs shall be
reimbursedi
(b) Liability insurance as required by paragraph
13 of this Agreementi
( c) Travel expensesi
(d) Mileage at $.26 per milei
( e) Production costsi
(f) Telephone, mail, facsimile and miscellaneous
out-of-pocket expenses,
All expenses will be itemized and submitted with receipts and
shall be billed at cost on a monthly basis,
7. PERFORMANCE BONUS: In addition to the base
payment, Dubin shall be eligible to receive a yearly fixed
bonus payment per Exhibit "B" on or before December 1st of
3
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each year. The performance bonus shall be contingent upon
accomplishing specific yearly goals and objectives as agreed
to by Dubin and the City Manager, The goals and objectives
will be reestablished on a yearly basis, In any event, the
standard aggregate bonus paid to Dubin in any one year shall
not exceed 15% of the base fee.
8, LICENSED OR REGISTERED PERSONNEL: All
services to be rendered by Dubin under this Agreement, which
are required by law to be performed by or under the direction
of a duly licensed or registered professional shall be
rendered in compliance with such requirements.
9, DESIGNATED REPRESENTATIVE: All of Dubin's
recommendations, reports and certifications are to be routed
through the City Manager,
10, PERFORMANCE: During the term of this
Agreement, Dubin shall, to the best of his ability, design,
inform, suggest, advise and render all services that might be
requested by City or which may be appropriate in respect to
the Work on a timely basis, as required by City to meet
project timetable needs, City shall have the right to make
use of same in its business at any time as it may desire
without further payment to Dubin, other than that specifically
stated herein, All reports and other documents furnished by
Dubin in the course of or as a result of performing the Work
4
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.
shall be the property of City and may be used by City for any
purpose whatsoever.
11. CONFIDENTIALITY: In the performance of the
Work, Dubin may be exposed to the confidential information of
City and others. Dubin shall not disclose to anyone not
employed by City nor use, except on behalf of City, any such
confidential information acquired by him the performance of
the Work except as authorized by City in writing. Regardless
of the term of this Agreement, Dubin shall be bound by this
obligation until such time as said confidential information
shall become part of the public domain. Information regarding
all aspects of City's business and information concerning the
Work (either directly or indirectly disclosed to him or
developed by him in the performance of the Work) shall be
presumed to be confidential except to the extent that same
shall have been published or otherwise made freely available
to the general public without restriction. Dubin also agrees
that he will not disclose to City any information he holds
subject to any obligation of confidence to any third parties.
12, LIABILITY: Dubin agrees to hold City harmless
from loss, ' damage, injury or liability arising from the acts
or omissions of Dubin, his employees, agents, subcontractors
and their employees and agents,
13. INSURANCE: Dubin shall provide the City with
insurance certificates showing the following minimum insurance
5
.
coverages, which coverage shall be maintained throughout the
term of this Agreement,
A, 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 with thirty (30 ) days written notice of
cancellation and/or restriction.
B, Comprehensive General Liability, Coverage
must be afforded on a form no more restrictive than the
latest edition of the Comprehensive General Liability
Policy filed by the Insurance Service Office and must
include:
1. Minimum Limits of total coverage shall be
$5,000,000 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 meet the $5,000,000 minimum to be
acceptable to the City.
2. Premises and/or Operations, including
restaurant liability and liquor liability,
'3. Independent Contractors.
4. Products and/or Completed Operations. Dubin
shall maintain in force until at least three
(3) years after completion of all services
required under the License, coverage for
products and completed operations, including
Broad Form Property Damage.
5. XCU Coverages.
6
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6. Broad Form Property Damage including Completed
Operations.
7, Broad Form Contractual Coverage applicable to
this specific contract, including any hold
harmless and/or indemnification agreement.
8 , Personal inj ury coverage wi th employee and
contractual exclusions removed.
9. The City is 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 with thirty (30) days written notice of
cancellation and/or restriction.
11. A Best Rating of no less than B+ 12 is
required for any carriers providing coverage
required under the terms of this License
Agreement.
14. PURCHASES: All purchases of equipment or
supplies for the operation of the golf course shall be made by
the City's Purchasing Department.
15. USE OF THE GOLF COURSE: Employees of Dubin
may enjoy the use of the golf course at no cost, so long as it
is in accordance with policies to be approved by the City
Manager. In addition, at their discretion, Dubin may allow up
to 50 complimentary rounds of golf, including cart charges per
calendar monthi however, in no event may such complimentary
round, or t:art charges be made available to City employees or
officials.
16. ALCOHOLIC BEVERAGE LICENSE: The parties agree
that City will pay all costs, fees and expenses associated
with maintaining the alcoholic beverage license. At the time
7
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of the termination of the Management Agreement,
Dubin shall transfer the alcoholic beverage license to the
City. The cost for the transfer of the alcoholic beverage
license shall be paid for by City.
City will be responsible for the remittance of
sales taxes on a monthly basis to the State of Florida,
including all late fees and penalties which the State of
Florida may assess with respect to the alcoholic beverage
license,
Dubin shall ensure that all federal, state and
local laws relating to the use of the alcoholic beverage
license are complied with.
17. ATTORNEY'S FEES: In the event of any action
instituted by Dubin or City in connection with a breach of the
terms of this Agreement, the prevailing party shall be
entitled to recover from the losing party all the prevailing
party's costs and expenses including court costs and
reasonable attorney's fees.
18. SUCCESSORS AND ASSIGNS: Dubin shall not
assign, sublet or transfer its interest in this Agreement
without the prior written consent of City. The foregoing
notwithstanding, this Agreement shall be binding upon and
inure to the benefit of each party's successors and assigns.
19. NOTICES: All notices required or desired to
be given under this Agreement shall be in writing and
8
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delivered in person or transmitted Certified Mail, Return
Receipt Requested, postage prepaid addressed to the party to
be noticed, and shall be deemed . to have been delivered three
(3 ) days after deposit in a post office or letter box in the
above manner.
NOTICES TO BE GIVEN TO CITY SHALL BE ADDRESSED AS FOLLOWS:
City of Delray Beach
100 N,W. 1st Avenue
Delray Beach, FL 33444
NOTICES TO BE GIVEN TO DUBIN SHALL BE ADDRESSED AS FOLLOWS:
BJCE
1177 N.E, 8th Street, #309
Delray Beach, FL 33483
20. CONFLICT: In the event of conflict between
the terms contained in the body of this Agreement and any term
or terms of the Proposal, the provisions contained in the body
of this Agreement shall control and prevail.
21. ENTIRE AGREEMENT: This written Agreement,
together with any written amendments hereto, constitute the
entire Agreement between the parties relating to the subject
matter hereof. It is the final expression of agreement
between the parties thus, neither party shall be entitled to
rely upon any conflicting oral representations, assurances,
claims or disclaimers, made either prior to or simultaneous
with the execution of this Agreement, This Agreement replaces
any prior agreement.
9
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IN WITNESS WHEREOF, City and Dubin have set their
hands and seals on the day and year first above written to
this Agreement and three counterparts, each of which shall
constitute an original,
WITNESS: BJCE, INC.
(s:Lgnature of w:Ltness) Bl<AHM DUBIN, PRESIDI:!;NT
(pr:Lnt or Type S:Lgnature)
State of Florida
County of Palm Beach
The foregoing instrument was acknowledged before me this
day of , 199 , by
-
(name of officer or agent, title of officer or agent) of
(name of corporation acknowledging), a
(state or place of incorporation)
corporation, on behalf of the corporation. He/She
is personally known to me or has produced
(type of identification) as identification and did (did not)
take an oath.
s1gnature of Notary PUD11C -
State of Florida
pr1nt, Type or stamp Name of
Notary Public
ATTEST: CITY OF DELRAY BEACH
City Clerk Mayor
Approved as to Form:
City Attorney
10
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EXHIBIT "A"
The scope of the work will include but will not be limited to
the following:
l. Supervise and direct the general operations of Delray
Beach Municipal Golf Course and Restaurant.
2. Oversee all administration of all golf course operations,
assuring that proper accounting systems are in place.
3. Perform an on-going review of total operational costs by
department.
4. Insure that adequate Internal Control systems are in place
in all areas of the operation.
S . Perform monthly reviews of the financial statements and
provide monthly revenue reports in the format prescribed
to by the City.
6. Prepare operational budgets.
7. Review and assist in the planning of all marketing and
promotional programs.
8 . Approve all expenditures before they are submitted for
payment to the City and insure expenditures are made in
compliance with the City purchasing policies.
9 . Assure that the highest standards of general maintenance
are maintained.
10. Coordinate the implementation of the golf course master
plan and provide input and advice on clubhouse renovations
and/or a new clubhouse facility.
11- Provide monthly course maintenance reports.
12. Dubin shall hire and employ all personnel necessary to
maintain and operate the golf course and restaurant.
Dubin will have full authority over the hiring and firing
of all personnel.
13. Dubin shall act as City's liaison and supervise the
activities and operations of the restaurant manager and
head golf professional.
14. Dubin shall operate and maintain the restaurant operation
in accordance with all federal, state and local government
laws and regulations, including health department
regulations and. state liquor board regulations.
15. Dubin shall operate a full service restaurant in
accordance with the terms and conditions of the alcohol
beverage license.
'.
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EXHIBIT "B"
Performance Bonus
FY '94-'95
Goals and Objectives
1) Review and provide recommendations to the architect and
staff concerning the purchase of kitchen and bar
equipment, furnishings and fixtures for the new
clubhouse.
2) Develop a revised business plan for the restaurant and
pro shop based on new construction.
3) Complete bid specifications and recommendations by
November, 1994 for new golf carts.
4) Work with City Engineering staff to complete
environmental protection projects, to include equipment
wash and chemical spill area and fertilizer storage
building.
5) Aerate greens, tees and fairways at least twice per
year.
6) Remove and replace at least 10 Malelucca trees,
7) Plan and implement grand opening program for the new
clubhouse.
8) Increase participation in Carver Golf Program and Biz
Kids by 5%,
9) Prepare a recommendation and cost estimates for course
restroom replacement and renovation by Feburary, 195,
10) Operate Delray Beach Golf Club within budget
allocations,
11) Maintain course so that there is less than 10% weed
coverage in fairways and tees and less than 1% coverage
in g:r:eens.
,
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: V~TY MANAGER
SUBJECT: AGENDA ITEM # 9£ - MEETING OF OCTOBER 18, 1994
LANDSCAPE MAINTENANCE CONTRACT/COMPLETE PROPERTY
SERVICES
DATE: OCTOBER 14, 1994
This is before the Commission to consider a contract award
to Complete Property Services for landscape maintenance (Atlantic
Avenue Greenway Plan), Bids for this service were received from
eight firms,
The Director of Parks and Recreation and the Park Superintendent
reviewed the bids and recommended award to this firm. They are
not recommending the two lowest bidders. Reliable Pest
Management Service owns no landscape maintenance equipment,
although they are willing to rent it as needed. Ultimate
Cleaning Services is primarily a facility maintenance operation,
and only recently expanded their operations to include landscape
maintenance, Upon inspecting one of their maintenance sites,
nothing was found that would reflect favorably upon this
company's ability to meet the City's standards.
Recommend contract be awarded to Complete Property Services in
the amount of $16,299.00, with funding from the Beautification
Trust Fund -- Repair and Maintenance Services (Account No.
119-4144-572-46.40) .
~5-0
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I
Agenda Item No.:
AGENDA REQUEST
Date: October 4, 1994
Request to be placed on:
X Regular Agenda Special Agenda Workshop Agenda
When: October 18, 1994
Description of agenda item (who, what, where, how much) : Recommend awarding
landscape maintenance contract on Bid #94-66 (Atlantic Avenue Greenway Plan) to Complete
Property Services in the amount of $16.299. This will be charged to account #119-4144-
572-46.40.
ORDINANCE/ RESOLUTION REQUIRED: YES(§) Draft Attached: YES/NO
Recommendation: Approval.
Department Head Signature:
Determination of Consistency Comprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds):
Funding available: Q/ NO
Funding alternatives: r ~i~liCable) ~
Account No. & Des~~ion: //1 -~- S7d-. .4fp - 14í{FjCffTJQ
Account Balance: ~ IiI(- INleNlrrJ(£
City Manager Review:
Approved for agenda: @/ NO ~
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
'.
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¡2~
MEMORANDUM --:
/"'/ ,
TO: David T. Harden, City Manager
THROUGH: Joseph saf~e Director
FROM: Jacklyn Rooney, enlor Buyer ~
DATE: October 10, 1994
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
OCTOBER 18, 1994 - BID AWARD - BID 94-66
LANDSCAPE MAINTENANCE - ATLANTIC AVENUE GREENWAY
Item Before Commission:
The City Commission is requested to award a contract to the low
responsible bidder, Complete Property Services, at an estimated annual
cost of $16,299.
Background:
Bids for this landscape maintenance service were received on August 12,
1994, from eight (8) firms, all in accordance with City purchasing
procedures. (Bid *94-66. Documentation on file in the Purchasing
Office) . A tabulation of bids is attached for your review.
The Director of Parks and Recreation have reviewed the bids and recommends
award to Complete Property services, per attached memos.
Recommendation:
Staff recommends award to low responsible bidder, Complete Property
Services, at an estimated annual cost of $16,299.
Attachments:
Tabulation of Bids
Memo from Parks and Recreation
cc: Joe Weldon
Ray Eubank
.,
·
£IT' DF DELIA' BEA[H
DElRAY BEACH
f l 0 . 0 "
tzed 100 N.W. 1 sl AVENUE· DELRAY BEACH, FLORIDA 33444 . 407/243-7000
AlI·America City
, III I!
1993
MEMORANDUM
TO: Joe Safford
Finance Director
FROM: Joe Weldon
Director of Parks and Recreation
SUBJECT: Recommendation for Bid #94-66
DATE: October 4, 1994
Please find attached the spreadsheet for Bid #94-66 for landscape
maintenance for Atlantic Avenue Greenway. Per the attached explanation
by Parks Superintendent Ray Eubank, we are not recommending the bid be
awarded to the two lowest bidders but rather to Complete Property
Services in the amount of $16,299. This will be charged to account
#119-4144-572-46.40. Please place this on the agenda for City
Commission consideration on October 18, 1994.
Parks and Recreation
Attachments
JW: Cp
Ref:jsls9466
@ Printed on Recycled Paper THE EFFORT ALWAYS MATTERS
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FI~:Dt'i :: Pay Fub;:lnl<'J P .::, I" k s !:¡up (·:'I":i. ntc;:!nd ~?~
DATE:: ß (.:) p t i·:·~ 1'1 b c¡:~ In 26~ :I. <)')4
nUH.JECT :: Reco~Mendation/Landscape Maintenance n:i.d :1~'(?I.f"·66
Til'l !:¡:i.I'II'IOn!;; <:1 ncl I hav(,·~ l'II:'~ t ~,) :i. t: h th (.:.~ C) ~v 1"1 ~:) r' .:; of Ul t: :i.I'I<:I;::(·'
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Co~plete Property ßervices.. W("~ :i. 1"1 S P (.:~ c t: ~:.~ d t h ('.~ i. r' f' <1 c :i. :I. :i. t: i I·:·~ ."
and (.? qu i p 1'1~:~nt..
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:i nc: :l.ud :i. n~J th ~:~ own~:>I" " Th~:)y ,':1 r' ~:.~ not ,,;(·:~tl..l.p fc,',
~owing/landscdpe operations.. Th €'~Y <:1 r· €.~ p In i. 1'1 a ï' i 1 Y <:1 p (·:,·"t:
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off:i.c:(,~s and such.. Th ("~Y h a V(,·~ ;.iu~:;t I" 0~C: ~:~nt::I. Y d I::' c: i. cI ~:.~ d to ~:,~xpdncl
th(-?iln ()P ~?r' i:' t:i on!;; to :i. 1'1 c: :I. u d (.:, :l.andscapE~ 1'1"~:i. nt:¡':lnancE'~" r:·ciur· of
th("~:j. In full t 'Ì.I',(.:~ ~:'~I'lp '1 n Y0~(,~!:; ;:1 I" (,.) U ~;; €.~ d a,,; n (:.~ \Ö.~ r:I (.:.~ eI (ð p p 1"1:) xi 1'1,:1 t:¡.:.:·l y
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a!:;k(,·)d t:hat w€·~ i n!:;p (;.)c: t o n (;.~ () f thf:'~ ~:; :i. tE~!:; thi:lt th(:~y ff,:)lt WDuld
d (O;!I'I()n~:; tl" <':I t<-:> th f~ :i. r' c'¡:lpab :i.l:i ty t() C 01'1 P :I )' tlJ:i tl·1 01..\1'·
r' E'~ qu i 1" ¡:·~I'IE·~nt:!;;.. F1"i:lnkly T:i.1'1 <':)ncl I could nDt: un d t:~ 1" "; t i:1 n d why d";
the proj<-:>c:t was a ·to't:a:l. I'IE'!;;!;;.. l,J f.~ cDuld find no"l:h :i. 1'19 t:ht:"l:
'Ñ()ulc1 I' (;~ f ]. €.~ c: t favDI"abJ.y upon th (-;~ COI'IP ,:1 ny ') !;; d b :i. :I. :i. t y t D l"I~:)\':~t
ou I" ~:; t: i:I nd a I" d!:; D f 1'li:1 :i. nt:~:"1'1a nc: f:1..
CD~pJ.ete Propert)' ß €.~ In V :i. c ~:~ ~; :i.<:; i:I full !;;r! r V:I. C i.;·~ ], "I 1"1 d !;; (: (:ì p (.:.~
Maintenance cOMpany" Th(;.!y h ,:\ v~:~ th i r·ty full t :i.I'·I(·:) E'~ I'IP 1 () Y P(·?~;;
d ¡:'~VDt €·~cl to I'!aintenance Dper::1tions and i:I full t: :i. r'l ~:.~ 1'1 (-;.~ c h i:1 n i c::
Dn !;;:i. t(·:,.. '1:i.l'ì and I w(,~r 0~ :i. 1'1 p 1" E'~!" !:> Œ' eI with thF·:i r· f ,:1 C :i. :I :i t: :i. ~,~ s and
<:;t a q :i. n!;¡ <:11" (.:.~ <:1 ':; .. Thf.·~y élppE·~ar· ¡-:o b ~:) Wf)l:l. Dr'~:¡ i:I 1'1 i :;·~(,·~d a nel fully
capabl\,-:' (:) f P r· D v :i d :i. n!J t h f:·! !;; (,:.~ r' v :i. c ~? ~:> that: vJ (;.~ ,:1 In e r' ~:., q u (.:~ !:; t :i n!J "
I n v i (.:.~ )) () f th (;~ (:ì b OVf.~ I wou:l.d 1000)<:: OI"I'If:~nd t:h i:1 t: 1":1·1 ~:'~ c: () n t: r' é:'I <:: t: b (.:~
a Wi:1 I· d ~:1d to COMplete Property Services"
1:i:E/~:;b
RECEIVED SEP 2 6 1994
Attac hl'I€·~nt
.
CITY OF DELRAY BEtDi
TA6ULATIa~ OF BIDS
BID ,. 94-66
LflJiDSCPFE MAIHTEN~Kl:
AtnlST 12. 1994 ATLANTIC AVENUE GREENWAY PLfIJi (VACAIH LOTS)
ITEM EST. RPMS Company Ultimate Complete Tare
. QTY. DESCRIPTICH Cleaning Svcs. Property Svcs. Landscape
.~-- - 245.00/10535.00
1.0 43 MOWING & WEEDING 75.00 / 3225.00 273.00/11739. ill 250.00/10750.00
2.a 43 LINE TRII'i'IING 32.00 / 1376.00 10.00 / 430.00 15.00 / 645.00 25.00 / 1075.00
2.b 22 EDGING 12.50 / 275.00 10.00 / 220.00 15.00 / 330.00 75.00 / 1650.00
3.a 6 PRUNING 96 BOUGAINVILLEA 40.00 / 240.00 20.00 / 120.00 15.00 / 90.00 25.00 / 150.00
b. 6 PRUNING 17 BLACK OLIVES 41.00 / 246.00 20.00 / 120.00 20.00 / 120.00 100.00 / 600.00
4.0 43 LITTER cx.tITROL 25.00 / 1075.00 10.00 / 430.00 5.00 / 215.00 20.00 / 860.00
5.0 22 IRRIGATIŒI 10.00 / 220.00 10.00 / 220.00 12.00 / 264.00 20.00 / 440.00
(HISPECTICHS W/CITY)
6.0 CHEMICAL APPLlCATICHS 150.00 / 300.00 50.00 / 100.00 50.00 / 100.00 300.00 / 600.00
a. 2 TL~F INSECTICIDE ,..
b.c.d n/a n/a n/a n/a n/a
e. 2 Tl.RF FERT. -BAHIA 130.00 / 260.00 30.00 / 60.00 50.00 / 100.00 198.00 / 396.00
f. 2 SHADE TREE FERTILIZATIOH 80.00 / 160.00 30.00 / 60.00 75.00 / 150.00 100.00 / 200.00
g. 3 SHR....e FERTILIZATICH 85.00 / 255.00 25.00 / 75.00 50.00 / 150.00 75.00 / 225.00
7.0 3 I1JLQI 125.00 / 375.00 50.00 / 150.00 1200.00/3600.00 100.00 / 300.00
TOTAL BID PRICE
$8,007.00 $13, 724. 00 $16,299.00 $17,246.00
f\DDITIOOAL \oORK (IF MEEDED): 3.75 3.25 .35 ¡ 2.00
I
13.a seD REPLACEMENT (sq. ft.) I
I
b. P~T 8. TREE INSTALLATICH 11.05 30.00 15.00 75.00
ClaboI' pel' hcul'/pel' man)
c. FERTILIZING 11.05 30.00 15.00 50.00
(labol' pel' hcur /per man) ..-.-"' -
d. AlJDITICHAL PEST COOTROL 51.00 75.00 50.00 *. 200.00
I (pel' 50 gal aoolication)~
ADDITICHAL PEST cx.tITROL 71.00 60.00 60.00 100.00
! (pel' 50 lb. application) .-. ,.. ..
e. FIRE AMT COOTROL 13.00 25.00 15.00 * 25.00
_JJabol' pel' hcul'/per man) .. ,. .. - --- . .. ,
aMiEliTS/EXCEPTICHS *Pest Control
svcs. will be
subcontracted
to Turf- Bug,
Inc. - License
attached
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CITY OF DElRA',' BE?£H
Tf'£3ULATIŒ OF BIDS
BID . 94-66
LAHDSCÞPE MAUlTEN~.¡cE
AU3UST 12. 1994 ATLANTIC AVENUE GREENWAY PLAH (VACANT LOTS)
ITEM EST, Delray Garden West Side ILuis cintron s SeaguJ.l Indus"f:
. QTY. DESCRIPTIOO Center Lawn 'tawn Service For"Disabled- Ine
,-- .. .-
1.0 43 MOWING & WEEDING 20.0..00./860.0..0.0. 30.0..0.0./12900 .0.0. 306.0.0. /13158.0.0. 585.00./25155.0.0.
2.a 43 LINE TRII'i'IING 125.0.0./5375.0.0. 50..0.0. /2150..0.0. 55.0.0 /2365.00 140..0.0. / 60.20..0.0.
2.b 22 EDGING 55.0.0. / 1210..0.0. 75.0.0. /1650..0.0. 55.0.0./ 1210..00. 140..0.0. / 3080..0.0.
3.a 6 PRUNING 96 BOUGAINVILLEA 50..0.0. / 30.0..0.0. 30..0.0. /180..0.0. 10.9.0.0. / 654.0.0. 132.0.0. / 792.0.0.
b. 6 PRUNING 17 BLACK OLIVES 45.0.0. / 270..0.0. 125.0.0. /750..0.0. 113.0.0. / 678.0.0. 132.0.0. / 792.0.0.
4.0 43 LITTER cr.-UROL 18.0.0. / 774.0.0. 30..0.0./ 1290..0.0. 55.0.0. / 2365.0.0 10.0..0.0. / 430.0..0.0.
5.0 22 IRRIGATIOO 10..0.0./ 220..0.0. 30..0.0./ 660..0.0. 18.0.0. / 396.0.0 75.0.0. / 1650..0.0.
(INSPECTIOOS W/CITY) -- .. ...
6.0 CHEMICAL APPLlCATlœS 10.0.0.0. / 20.0..0.0. 40.0..0.0./800..00 159.0.0. / 318.0.0. 380..0.0. / 760..0.0.
a. 2 TL~F INSECTICIDE - - '" _..-.- .-- - - -
b.c.d n/a n/a n/a n/a n/a
e. 2 ~F FERT. -BAHIA 50..0.0. / 10.0..0.0. 30.0..0.0. /60.0..0.0. 255.0.0. / 510.0.0 420..0.0. / 840.0.0.
f. 2 SHADE TREE FERTILIZATIOIi 50..0.0. / 10.0..0.0. 150..0.0. /30.0..0.0. 132.0.0. / 264.0.0. ßo..o.o. / 180..0.0.
g. 3 SHRI..Æ3 FERTILIZATIOO 75.0.0. / 225.0.0. 100..0.0. /300..0.0. 160.00. / 480..0.0 10.00. / 270..0.0.
7.0 3 I1JLCH 60.0..0.0. /180.0..0.0 30.0..0.0./900..0.0. 265.0.0. / 795.0.0. 135.0.0. / 40.5.0.0.
TOTAL BID PRICE $19,174.0.0 $22,480..0.0. $23,193.0.0. $44,244.0.0.
!
A!XHTIŒlAL \o,(R( (I F NEEDED): .20 10..0.0. 18.0.0. i .45
I
13.a SCO REPI,ACEMENT (Sq. ft.) ¡
b. PLAHT & TREE INSTALLATIOO 10..0.0. 150..0.0. 32.00 20..0.0.
ClaboI' pel' haul' ¡pel' man) - .. .. -
c. FERTILIZING 10..0.0. 25-.0.0. 32.0.0. 20..0.0
ClaboI' pel' hcu t j per man) , --..-- - ---.
d. ADOITIOOAL PEST a:t TROL 35.0.0. 20.0..0.0. 255.0.0. 60..00.
per SO gal aoplication) _.._ _. u_ -- - ..-
ADDITlOOAL PEST a:t TROL 55.00. 175.0.0. 30..0.0. 80..0.0.
- ~r SO lb. application) . - .. _.-- . _ --- - _. _.
e. FIRE ANT a:t TROL 10..0.0. 35.00. 32.00. 20..0.0.
labor pel' hcur /per man) ....-. --- --
Ca-W"¡ENTSjEXCEPTIOOS
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M E M 0 RAN DUM
TO: DAVID HARDEN, CITY MANAGER
LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT ~
THROUGH:
FROM: NANCY DAVILA, HORTICULTURIST/SPECIAL PROJECTS COORDINATOR 'lQ
RE: NORTH FEDERAL HIGHWAY LANDSCAPE DESIGN - GEE & JENSON
SERVICE AUTHORIZATION
DATE: OCTOBER 10, 1994
ITEM BEFORE THE COMMISSION
- -
The item before the Commission is consideration for approval of Consulting
Services Authorization II 13 to Gee & Jenson for the preparation of
landscape and irrigation plans for North Federal Highway.
BACKGROUND
The Florida Department of Transportation is currently finalizing plans for
certain improvements to North Federal Highway between Bond Way and
Gulfstream Boulevard. In addition to resurfacing, the existing cross-
section will be redesigned to accommodate a bike lane and median openings
will change to comply with access management guidelines. These changes will
significantly impact the existing landscaping and irrigation.
The F.D.O.T. has agreed to pay for modifications to the landscaping and
irrigation and will include the landscaping along with their bid documents
for construction. They have asked the City to provide the landscape and
irrigation plans by February I, 1995 for inclusion with their bid package,
To this end, the City has asked Gee & Jenson to submit a proposal for the
preparation of the necessary plans. The scope of work is outlined in the
attached Consulting Services Authorization agreement. It is possible that
the lump sum amount for the variance may be reduced since F.D.O.T. is
getting some of the design guideline deviations pre-approved.
RECOMMENDATION
Staff recommends that the City Commission give consideration to the approval
of the Consulting Services Authorization II 13 to Gee & Jenson, Engineers -
Architects - Planners, Inc., for the preparation of irrigation and landscape
plans for North Federal Highway in the amount of $12,286.00.
~ 5-0
9F
.,
.
.
,
, Agenda I tem No. I 9F
,.
·ACìENDA R.EOUES~
Datel 10/13/94
Request to be placed on:'
X
Regular Agenda Special Agenda Workshop Agenda
When: 10/18/94
Uescription of agenda item (who, what, where, how much).
North Federal Highway Landscape Design Service Authorization
Gee and Jenson
$12.286.00
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Approval
Department Head Signature I ~~a ~r~ ,
- , ( D&..
DeterMination of Consistency with Comprehensive Planl
.
City Attorney Review/ Recommendation (if applicable)1
Budget Director Review (required on all iteas involving expenditure
of funds): - ~
Funding available: .' !I~ rm
Funding alternatives: ~ __ ~. f a~icab~
Account No. & Description: - ... ð 0 4 0 lNJ, .
Account Sa lance: J~ \;2 . þe">J~ì1
City Manager Review:
Approved for agenda: YES/ NO
Hold Until:
Agenda Coordinator Review:
Received: ,
Action: Approved/Disapproved
,
"Memo CITY OF OELRAY BEACH~tØ
:{¡f~~ DATE: IOJI1/)~(
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r¡¡jr
1993
!
CONSULTING SERVICES AUTHORIZATION
Date: Seotember 28. 1994
Service Authorization No. 13 for Consulting Services
City P.O. No. City Expense Code
Title: Median Landscaoing - US 1 (SR 5) between Bond Way and Gulf Stream Boulevard
This Service Authorization, when executed, shall be incorporated in and shall become an integral part of the original Contract
I. Project description:
FDOT is preparing access management construction plans to improve US 1 (SR 5), a Federal Highway, which
includes median redesign. This project covers landscape redesign of the new medians between Bond Way
and Gulf Stream Boulevard including submitting a FDOT design variance from Standard Index No. 546.
Redesign to be coordinated with the city staff and FDOT.
II. Scope of services:
1. Inventory existing trees in the median and on both sides of U.S. 1 within the right-of-way area and prepare
a tree relocation plan for the median trees.
2. Locate city water meters in the median and irrigation controls for FDOT to relocate.
3, Prepare preliminary landscape plan for median per FOOT designated landscape areas noted in their final
construction plans (State Project No. 93010-3505, Sheets 3-7).
4. Present items 1 & 2 above to the City Commissioners.
5. a) Prepare design variation plan from FOOT Standard Index No. 546 detailing proposed tree locations
and percentages of view blockage for trees that will be larger than 4" diameter at maturity.
b) Meet with DOT District 4 staff to present results of plan. Prepare and submit design variation form
and supporting documentation for approval from FOOT District 4.
6. Prepare final landscape design, including irrigation, after FOOT variance approval is obtained.
7. Prepare contract documents for bidding which shall include specifications, cost estimate and landscape
maintenance schedule.
8. Provide additional services as mutually agreed upon by both parties.
Items Furnished by Owner
at No Expense to the Consultant
1. Assist Consultant by furnishing, at no cost to the Consultant, all available pertinent information, all permit
application and governmental inspection fees; and other data relative to performance of the above services for
the project. It is agreed and understood that the accuracy and veracity of said information and data may be
relied upon by Consultant without independent verification of the same.
2. Designate in writing a person to act as the Owner's representative with respect to the services to be performed
under this Agreement. Such person shall have complete authority to transmit instructions, receive information,
interpret and define the Owner's policies and decisions with respect to materials, equipment, elements and
systems pertinent to the Consultant's services.
3. Autocadd disk of final FOOT design plans within project area and of existing topography and tree locations and
any required FDOT landscape specifications CNord Perfect) including irrigation, and planting details.
III. Budget:
Basic Services:
For items 1 through 6 above, comprising the total scope of services for Service Authorization No. 13, the
Consultant will be paid an hourly rate fee not to exceed $12,300.00.
IV. Completion Date:
Items 1 through 4 to be completed within 30 days after receiving final DOT Autocadd file for the project.
Items 5 and 6 to be completed within 60 days after receiving FOOT approval of design variation.
,
This service authorization is approved contingent upon the City's acceptance of and satisfaction with the completion of
the services rendered in the previous phase or as encompassed by the previous service authorization. If the City in it's
sole discretion, is unsatisfied with the services provided in the previous phase or service authorization, the City may
terminate the contract without incurring any further liability. The CONSULTANT may not commence work on any service
authorization approved by the City to be included as part of the contract without a further notice to proceed.
Approved by:
CITY OF DELRA Y BEACH:
Date
Thomas E. Lynch
Mayor
Attest:
(/
Approved as to Legal Su~ciency and Form
STATE OF ~ ù-u..ci0-
COUNTY OF ~ú ~ {~e C,,-( h
The~aforegoing instrument was acknowledged before me this lo+~ day of Cr k009~ by lL.tÁ.,.àJctl
C' PC u ¡-( ,G of Gee & Jenson Engineers-Architects-Planners, Inc., a Florida corporation, on behalf of the
corporation. He is personally known to me and did not take an oath.
,·j¿C-Á : \_{\C~ ~ I ~ -- t, -éìy
Signature of Person Taking Acknowledgment
L~ ,--f,) oc· LJ
Name of Acknowledger Typed, Printed or Stamped
cm:lkjwlauth.pom
I~~~\ LORI NOEL
i.~ :., flY COMMISSION' CC 376166
~~ rtI EXPIRES: May 30. 1998
~,!:ì' . IIancIIcI TMI NocIIy PIIÞIIc UncIeIwrtItø
.,
DEP ARTMENT/DISCIPLINE
BUDGET ANALYSIS FORM DATE: September 27, 1994
Civil, L.A.
DepartmentlDiscipline
Project Name Delrav Beach Median Project No. Task
Prepared By: Kathleen Spain Dept. HeadIRegional Manager Initial
PHASE - 1 · Site
Proj, Mgr. Sr. EngJ Cadd Cadd Field See. Total
Classsification EngJ Arch Arch Draft Station Observ.
Work \ $85 $80 $65 $50 $24 $55 $30
Element \ Rate Std.
\ Override
1) Prepare base DOT 4 4 4 '-
Autocadd
2) Site Inventory; 16 8 8
on base
3) Plant Polatte, to 1 6 1
City. revise
Subtotal Hours 1 26 U 12 1
Subtotal Fee 85 1.690 600 288 30 2.693
PHASE - n · Preliminary
4) Preliminary Desi!!J1 1 8 4 4
s) Presentation to City 3
6) DOT 546 Variance lumn sum $4,000
7) Revisions to Prelim. 3 1 1
desi2n and Variance
Subtotal Hours 1 0 14 5 5 0 0
Subtotal Fee 85 0 910 250 120 0 0 $1.365
PHASE - ill . Final
8) Final desi2n 1 12 4 4 1
9) Irri2ation desi2n LumD Sum $1,500
10) Cost Estimates 3
11) Soecs. DOT 5 3 3
12) Maintenance 4 1
Schedule
13) Biddin2 Format 1 3
Subtotal Hours 2 27 7 7 2
Su btotal Fee 170 1.755 350 168 60 2503
TOTAL FEE 12 061
Reimbursables: Principal Hours Rate
Telephone 50 Computer Hours Rate
Travel
Misc. 100
Repro. 75 Total Reimbursables 225
Out Serv. Contingency
Total 225 TOTAL FEE $12,286
"
"
City of Delray Beach
Departnøltal Budget Transfer
(1) Departmental Une Transfer (2) Date OrtnhPT 14 I 1994
(3) Interfundllnterdepartmental Transfer (4) Batch Number
(5) Requested By. Joseph Safford, Director of Finance_~
Pro jll 6 ACCOUNT NUMBER (7) DESCRIPTION (8) TRANSFER OUT (9 TRANSFER IN
9132 334-4144-572-63.31 East Lake Ida Beautifica ion 12,286
94076 334-4144-572-63.33 North Federal Hwy Landsc pe 12,286
and Design Service
(10) TOTAL
JUSTIFICATION:
To transfer monies needed to fund the Landscape and Design for North
94076 in the General Construction Fund, Fundin will be
transferred from the East Lake Ida Beautification project #9132 since it will be
East Lake Ida project will be reimbursed a year from now.
Asst City Manager
City Mana
(11) Budget Revision Date (12) Control Number
(13) Period (14) Count
ORIGINAL-BUDGET CANARY-FilE PINK-DEPARTMENT
,
[ITY DF DELRAY BEA£H
CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444
FACSIMILE 407/278-4755 Writer's Direct Line
DELRA Y BEACH (407) 243-7091
, L 0 . I D "
a.e.d MEMORANDUM
AI~America City
, , III ~ATE : October 12, 1994
1993 TO: City Commission
FROM: Susan A. Ruby, City Attorney
SUBJECT: City of Delray Beach vs. Agricultural, et al
(Aero-Dri)
The purpose of this memorandum is to seek authorization for an
appeal of the District Court ruling which found that there is
no personal injury protection coverage available under the
insurance policies. Our office recommends that we file the
appeal.
There are no Eleventh Circuit Court decisions on the issue.
The appeal that we would file would be from the Federal
District Court to the Eleventh Circuit. If necessary, there
may be an intermediate certification to the Florida Supreme
Court to determine Florida law on the issue of whether the
insurance policies in question provide personal injury
protection benefits in the Aero-Dri case. As previously
indicated, there are only a handful of Court cases to date
which have considered the issue. There is a split in the
decisions.
Our outside couse 1 Steven Berger has indicated that he will
handle the appeal for a flat fee of $35,000.00 to the Eleventh
Circuit and any appeals that may be taken to the Florida
Supreme Court. In addition, there may be a $1,000.00 in costs
in filing the appeal, etc.
By copy of this memorandum to David Harden, City Manager, our
office is requesting that this matter be placed on the City
Commission agenda for October 18, 1994.
Please do not hesitate to contact me if you have any questions.
sWC ~ 6-D
cc: David Harden, City Manager /ol/'8/9i
Alison MacGregor Harty, City Clerk
William Greenwood, Director of Environmental Services
® Ponted on Recycled Paper C¡.G.
,
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~CITY MANAGER
SUBJECT: AGENDA ITEM # q H - MEETING OF OCTOBER 18. 1994
APPOINTMENT TO THE EDUCATION BOARD
DATE: OCTOBER 13, 1994
Gladys Whigham has relocated outside the Delray Beach area and is
no longer eligible to serve on the Education Board, This creates a
vacancy for an unexpired term ending July 31, 1995.
Per the City's Code, members of the Education Board will be
residents of the city or will have a child or children attending
Delray Beach public schools, or will own property in the city
and/or own or operate a business within the city, It is the
further intent that the membership will include individuals with
experience or expertise in business, real estate, and/or education,
The following individuals have submitted applications for
consideration:
Norma Bannoura
Eugene Binkovitz
David ¡, Cohen
Adele S, King
Nelson McDuffie
Rosalind Murray
Marilyn Schneider
Reginald Williams
Roland Williams
A check for code violations and/or property liens has been
conducted. None were found,
Based upon the rotation system, the appointment will be made by
Commissioner Randolph (Seat #4),
Recommend appointment of a member to the Education Board to fill an
unexpired term ending July 31, 1995.
P05+ponEd -f-o ¡¡II 19 t{
ref:agmemo2
"
I
.
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~ITY MANAGER
SUBJECT: AGENDA ITEM i /0 A - MEETING OF OCTOBER 18. 1994
SECOND READING AND PUBLIC HEARING FOR ORDINANCE NO. 71-94'
WATER RATE&:,
DATE: OCTOBER 14, 1994
This is second reading and public hearing for Ordinance No. 71-94
which amends Section 52.34, "Water Rates" , of the City's Code to
provide for an increase in the commodity charge for water service.
On October 4, 1994, two options were presented for increases to the
water rates, One proposed a three percent (3%) across the board
rate increase affecting customer, capacity and commodity charges.
The second option proposed a five percent (5%) increase on the
commodity charge only, Based on staff's recommendation, it was the
consensus of the Commission to proceed with the 5% commodity charge
proposal since that rate increase would minimize the impact to the
low volume user. Ordinance No. 71-94 reflecting the 5% commodity
charge increase was passed on first reading by a 4 to 0 vote.
Recommend approval of Ordinance No. 71-94 on second and final
reading.
p~ .5-0
ref:agmemo16
I
ORDINANCE NO. 71-94 !
I
I
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
ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY
AMENDING SUBSECTION 52.34(B) TO PROVIDE FOR AN
INCREASE IN THE COMMODITY CHARGE FOR WA TER SERVICE;
I PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE,
I AND AN EFFECTIVE DATE.
I 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
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:
(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
I Type of Customer City City
Residential
Customer charge
(per meter) $ 1. 55 $ 1. 93
Capacity charge
(charged to all
customers, per
residential
dwelling unit) 7,62 9.53
j
.
.
Commodity charge
(all metered
consumption-per 1,000
gallons)
Zero to 3,000 gallons 1/e;e; .1.....Q.2 1/71J .L.1.1
4,000 to 20,000 gallons 1/1e; .l-li. 1/'1~ .L..ü
21,000 to 35,000 gallons 1/7e; .L..1.§. 1/1Je; .l.....2ß.
36,000 to 50,000 gallons 1/'1e; .L...li 1/fJ'1 .L..21
Above 50,000 gallons 1/1Je; ~ 1/~~ .l......ll
I Nonresidential and Irrigation
I
Customer charge
!
(per meter) $ 1.55 $ 1. 93
Capacity charge
(based upon
meter size):
3/4-inch meter 7,62 9.53
1-inch meter 12,73 15,91
1-1/2-inch meter 25.38 31.73
2-inch meter 40.63 50.78
3-inch meter 88.95 111.19
4-inch meter 160,07 200.08
I 6-inch meter 355.73 444.66
Commodity charge
(all metered
consumption-per
I 1,000 gallons) 1/1CJ .L...il 1/'1~ .L..J..5.
¡ NOTE: Whenever both residential and nonresidential users are on the
I same meter, the capacity charge is to be computed at the
" nonresidential rate.
11
Section 2. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 3, That should any section or provision of this .
i
ordinance or any portion thereof, any paragraph, sentence, or word be \
declared by a court of competent jurisdiction to be invalid, such
I decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
I
- 2 - Ord. No, 71-94
I
, I
Section 4 . That this ordinance shall become effective
I
immediately upon passage on second and final reading, and the changes
¡ set forth herein shall be applicable to all bills rendered on or after
I
! November 1, 1994.
ì
I PASSED AND ADOPTED in regular session on second and final
reading on this the 18th day of October , 1994.
ATTEST: ~~
o I/LJar>,nl!l'-Iú.~ II 07h¡
City Cl rk
First Reading October 4, 1994
Second Reading October 18, 1994
I
I
I
I
I I
I
I
I
I
.
I
!
- 3 - Ord. No, 71-94 !
I
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,
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~:/ìCITY MANAGER
SUBJECT: AGENDA ITEM # /0 R - MEETING OF OCTOBER 18. 1994
SECOND READING AND PUBLIC HEARING FOR ORDINANCE NO. 72-94/
SEWER RATES
DATE: OCTOBER 14, 1994
This is second reading and public hearing for Ordinance No. 72-94
which amends Section 53.130, "User Charges; Wholesale Sewer Rates;
Calculation of Sewer Surcharge", of the City's Code to provide for
an increase in the commodity charge for sewer service,
On October 4, 1994, two options were presented for increases to the
sewer rates. One proposed a three percent (3%) across the board
rate increase affecting customer, capacity and commodity charges,
The second option proposed a five percent (5%) increase on the
commodity charge only, Based on staff's recommendation, it was the
consensus of the Commission to proceed with the 5% commodity charge
proposal since that rate increase would minimize the impact to the
low volume user. Ordinance No. 72-94 reflecting the 5% commodity
charge increase was passed on first reading by a 4 to 0 vote,
Recommend approval of Ordinance No, 72-94 on second and final
reading,
p~ 6-0
ref:agmem04
,
·
'..'-
iI
,I
'I
ORDINANCE NO. 72-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 53,
II RESIDENTIAL, INDUSTRIAL AND COMMERCIAL WASTE" ,
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
¡ AMENDING SUBSECTION 53,130(D) TO PROVIDE FOR AN
I
)1 INCREASE IN THE COMMODITY CHARGE FOR SEWER SERVICE¡
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE,
¡ AND AN EFFECTIVE DATE, I
I I
[
I NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
I
, CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
!
I Section 1. That Title V, "Public Works" , Chapter 53,
I
, "Residential, Industrial and Commercial Waste" , Subheading "User
Charge and Industrial Cost Recovery System" , Section 53.130, "User
i Charge s ¡ Wholesale Sewer Rates¡ Calculation of Sewer Surcharge",
I
¡ Subsection 53.130(D), of the Code of Ordinances of the City of Delray
i
I Beach, Florida, be, and the same is hereby amended to read as follows:
Ii
(D) The following rates and charges shall be collected from
the users of the city sewerage system:
¡I ( 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
II 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
I
I
I
II (a) Customer charge $ 1. 55 $ 1. 93
I
i ( b)
! Capacity charge
(per residential
II dwelling unit) 9.27 11.58
II (c) Commodity charge
I
(based on metered
water with maximum
of 12,000 gallons):
Ii
,
II
I City (per 1,000
I
I gallons) 1.IÇJ~ .L...U 1.11' .hli
I
I South Central
I Regional Wastewater
Treatment and
Disposal Board
\ (per 1,000 gallons) 17r. ...1..5. I~~ ~
I
I
NOTES: Where no water service is provided and the user is
connected to the sanitary sewer system, there shall be a monthly
customer charge of $5,00 per residential dwelling unit, and the
commodity charge shall be based on the maximum of 12,000 gallons, i
I
This is in addition to the capacity charges as set forth above. i
Where no water service is provided and the user is not
connected to the sanitary sewer system, and sewer service is available
for connection, there shall be a monthly customer charge of $5.00 per
residential unit and a capacity charge as set forth above.
I (2 ) Nonresidential/commercial units. A monthly I
I
I sanitary sewerage service charge is imposed upon each nonresidential
and commercial unit to which sanitary sewerage service is available
I through the facilities afforded by the municipally-owned sewerage
I system, according to the following schedule:
Nonresidential/Commercial Inside City Outside City
I
i
I (a) Customer charge: $ 1. 55 $ 1. 93
II'
II (b) Capacity charge
II (per meter):
3/4-inch meter $ 9.27 $ 11,58
I
i
! 1-inch meter 15.48 19,35
1-1/2 inch meter 30.86 38.58
2-inch meter 49,40 61,74
3-inch meter 108,15 135,19
4-inch meter 194.61 243,27
6-inch meter 432.51 540.63
- 2 - Ord. No. 72-94
,
!
i (c) Commodity charge:
I
City (per 1,000
i gallons) ¡/Ø~ Lll ¡/p~ .l.......i2.
i
I South Central
! Regional Wastewater
Treatment and
Disposal Board
(per 1,000 gallons) /71 ......u. /~~ ......22.
j those nonresidential/commercial units where water service
NOTE: For
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
conflict herewith be, and the same are hereby repealed.
Section 3, That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid,
Section 4, That this ordinance shall become effective
immediately upon passage on second and final reading, and the changes
set forth herein shall be applicable to all bills rendered on or after
I November 1, 1994.
I PASSED AND ADOPTED in regular session on second and final
I
¡ reading on this the 18th day of October , 1994.
~;;~
I
I
I
j ATTEST:
I (J iJ. ~Im~. Jú,?,,)/ ady
¡
J.ty Cler
First Reading October 4, 1994
Second Reading October 18, 1994
- 3 - Ord, No. 72-94
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~ITY MANAGER
SUBJECT: AGENDA ITEM # /0 C - MEETING OF OCTOBER 18. 1994
SECOND READI1IJG AND PUBLIC HEARING FOR ORDINANCE NO~
68-94/MILTON-MYERS POST NO. 65;;';;
DATE: OCTOBER 11, 1994
This is second reading and public hearing for Ordinance No, 68-94
which designates the Milton-Myers Post No, 65 of the American
Legion of the United States as a Local Historic Site. The property
is located at 263 N.E. 5th Avenue.
On September 27, 1994, consideration of Ordinance No. 68-94 was
continued to the date certain of October 18th to allow additional
time for notification of all the Post's members concerning this
action, A full mailing was sent and a membership meeting held on
October 11th, at which time a majority of the Post's members
attending voted to endorse and support the historic designation.
The Historic Preservation Board conducted a public hearing on this
matter on August 17, 1994, at which time the Board voted 6 to 0 to
recommend the designation of Post No. 65 as a Local Historic Site.
At first reading on September 13, 1994, the Commission passed the
ordinance by unanimous vote,
Recommend approval of Ordinance No, 68-94 on second and final
reading,
faoouf- 6-0
ref:agmemo16
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I ORDINANCE NO. 68-94
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AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
! DELRAY BEACH, FLORIDA, DESIGNATING THE MILTON-MYERS
POST NO. 65 OF THE AMERICAN LEGION OF THE UNITED
STATES, LOCATED AT 263 N,E. 5TH AVENUE, AS MORE
PARTICULARLY DESCRIBED HEREIN, AS A LOCAL HISTORIC
SITE; PROVIDING FOR THE AMENDMENT OF THE "ZONING MAP
OF DELRAY BEACH, FLORIDA, 1994" TO SHOW THE HISTORIC
DESIGNATION IN AN OVERLAY MANNER; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
WHEREAS, Section 4,5.1 of the Land Development Regulations
of the Code of Ordinances of the City of Delray Beach provides for the
designation and protection of historic sitesi and
WHEREAS, George H, Moran, Commander, and the officers and
members of Milton-Myers Post No. 65 of The American Legion have
nominated the property described herein to be designated as a local
historic site; and
WHEREAS, a designation report was prepared concerning the
designation of the property located at 263 N.E, 5th Avenue to the
Local Register of Historic Places; and
WHEREAS, the Historic Preservation Board of the City of
Delray Beach held a duly noticed public hearing in regard to the
designation of the property as a local historic site; and
WHEREAS, on August 17, 1994, the Historic Preservation Board
of the City of Delray Beach recommended that the property described
herein be designated a local historic site; and
WHEREAS, the City Commission of the City of Delray Beach has
conducted a duly noticed public hearing in regard to the designation
of the property described herein as a local historic site.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the following described property in the
! City of Delray Beach, Florida, is hereby designated as a local
historic site in accordance with and under the provisions of Section
4,5.1 of the Land Development Regulations of the City of Delray Beach,
Florida, to-wit:
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Milton-Myers Post No. 65 of The American Legion of
the United States, located at 263 N,E. 5th Avenue,
Delray Beach, Florida; more particularly described as
follows:
Lot 5 and Lots 14 and 15, Block 106, TOWN OF DELRAY
(formerly Town of Linton), as recorded in Plat Book 1
at Page 3 of the Public Records of Palm Beach County,
Florida.
Section 2, That the Planning Director of said City shall,
upon the effective date of this ordinance, amend the Zoning Map of the
City of Delray Beach, Florida, to show the historic designation, in an
overlay manner.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed,
Section 4. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid,
Section 5. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the 18th day of October , 1994.
ATTEST: ~~~
{l';NYYJ1Æ,kj~F Ilof~
C ty Cler
First Reading September 13, 1994
September 27, 1994 (continued to 10/18/94 date certain)
Second Reading October 18, 1994
- 2 - Ord. No, 68-94
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: D~~ID T. HARD~N, CITY MAN~~
ß J----r"
THRU: DIANE~~·
DEPARTMENT OF PLANNING AND ZONING
ßr~
FROM: PAT CAYCE,
HISTORIC PRESERVATION PLANNER
SUBJECT: MEETING OF SEPTEMBER 13, 1994
FIRST READING OF AN ORDINANCE DESIGNATING THE
MILTON-MYERS POST NO. 65, THE AMERICAN LEGION OF THE
UNITED STATES, 263 N.E. 5TH AVENUE AS A LOCAL HISTORIC
SITE.
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval on first reading of an ordinance designating a
property as a local historic site.
The property consists of the American Legion Building,
constructed in 1921, located at 263 N.E. 5th Avenue, and
two vacant lots directly to the east which are used for
parking.
B A C K G R 0 U N D:
The request for designation is being made by George H. Moran,
Commander; the officers, members and the Reconstruction
Committee of the Milton-Myers Post No. 65 of the American Legion
of the United States. The legal description of the property is
Block 106, Lots 5, 14 and 15, Delray Beach, formerly Town of
Linton, Palm Beach County, Florida.
The building was constructed in 1921 by the American Legion.
The principal contractor was pioneer builder John I. Thieme and
most of the construction was done by volunteer members of Post
NO. 65. It is an excellent example of Mission Revival style
architecture and retains most of its original exterior elements.
It has' been owned by the American Legion since construction
began and is believed to be the oldest Legion building
continuously occupied for that purpose in the state of Florida.
It is the opinion of the Historic Sites Specialist of the
Florida Division of Historical Resources that the building
should be considered for listing in the National Register of
Historic Places. The American Legion intends to apply for
National Register designation.
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city Commission Report
Designation of Local Historic Site
Aremican Legion Post No.65
Page 2
HISTORIC PRESERVATION BOARD CONSIDERATION:
The Historic Preservation Board formally reviewed the
designation report at its meeting of August 3, 1994 and made
positive findings to LDR Section 4.5.1(B),(2)(d) & (e) and
4.5.1(B) (3) (a) &(b), Criteria for Designation of Historic Sites
or Districts, and set a date for a Public Hearing to allow the
public to comment on the designation.
Pursuant to Section 4.5.1(C) Designation Procedures, the Public
Hearing was held on August 17, 1994. There were 6 comments from
the public in favor of the designation and none opposed. The
Board voted 6-0 to recommend that the City Commission approve
the ordinance designating the American Legion property as a
Local Historic Site.
R E COM M NED E D ACT ION:
By motion, approve on first reading the ordinance designating
the Milton-Myers Post NO. 65, The American Legion of the United
States, 263 N.E. 5th Avenue (Block 106, Lots 5, 14 & 15) as a
Local Historic Site.
Attachment:
* Letter of owner's approval and the designation report
provided by the applicant.
* Historic Preservation Board Staff Reports of August 3, 1994
and August 17, 1994.
* Supporting documentation, including LDR Section 4.5.1(B),
Criteria for Desiqnation of Historic Sites.
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~he A~ J.u¡W/£
1I1iJJon,-1Iú¡f/U 701t 6S
P.O. Box 1365
263 Northeast Fifth Avenue
Delray Beach, Florida 33447·1365
June 30, 1994
TO: HISTORIC PRESERVATION BOARD OF DELRAY BEACH
RE: HISTORIC DESIGNATION OF THE AMERICAN LEGION BUILDING IN DEL RAY BEACH
Be it known that it is the official wish of the Commander, George H.
Moran, officers, members, and the "Reconstruction Committee" of the
Milton-Myers Post 65 of the American Legion of the United States to
proceed with historic designation from the Historic Preservation Board
of Delray Beach for its American Legion Building located at 263 NE 5th
Avenue, Delray Beach, Florida.
Be it further known, that the Milton-Myers Post No. 65 of the American
Legion of the United States is aware of all of the regulations connected
with historic designation and will comply fully with these regulations
in keeping with the architectural integrity of the Mission Revival style
of the American Legion Building.
Sincerely, 1f;Y¡ ~
George H. Moran, Commander
Milton-Myers Post No. 65 of the American Legion of the United States, Inc.
Date: June 30, 1994
George H. Moran, Commander
P.O. Box 1365
Delray Beach, Florida 33447-1365
(407) 278-2500
.
DESIGNATION REPORT
HISTORIC PRESERVAIION BOARD
DELRAY BEACH, FLORIDA
MILTON-MYERS POST NO. 65 OF THE AMERICAN LEGION OF THE UNITED STATES
263 NE 5th AVENUE
DEL RAY BEACH, FLORIDA 33483-5530
1921
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HILTON-HYERS POST NO. 65
OF THE
AMERICAN LIGION OP THE UNITED STATES
263 NE 5TH AVENUE
DELRAY BEACH, FLORIDA 33483-5530
DESIGNATION REPORT
TABLE OF CONTENTS
PURPOSE OF DESIGNATION
LOCATION
STRUCTURE
HISTORICAL & ARCHITECTURAL SIGNIFICANCE
PRESENT USE, CONDITION & ZONING
IHPACT OF DESIGNATION
RESOLUTION
APPENDIX
LOCATION MAPS
SURVEY
PHOTOGRAPHS
ACKNOWLEDGEHBNTS
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(1 )
HILTON-HYERS POST 80. 65
OF THB
AHERICAN LEGION OF THB UNITED STATES
263 NE 5TH AVENUE
DEL RAY BEACH, FLORIDA 33483-5530
I. PURPOSE OF DESIGNATION
The purpose of designating the building which houses the Hilton-Hyers Post
No.65 of the American Legion of the United States, hereafter referred to as
the American Legion Building to the Local Register of Historic Places is to:
A. Create awareness of the town's architectual and historical
buildings;
B. Recognize the building's association with a past and continuing
institution which has contributed substantially to the life of the
City;
C. Encourage restoration and use of a structurally sound building;
D. Acknowledge the contribution of the officers and members of the
Milton-Myers Post No. 65 of the American Legion of the United States
who have served their country with honor;
E. Acknowledge what is believed to be one of the oldest, if not the
oldest, existing building in the state of Florida which was
originally built and intended for use as an American Legion Post
building and which has served continously in that capacity and
function since 1921;
F. Protect a building which presents an excellent, and largely
unaltered, example of the Mission Revival architectual style which
was prevalent throughout the City during the Florida Boom years of
the 1920's.
II. LOCATION
The street address of the property is 263 N.W. 5th Avenue, formerly N.E.
Boynton Street. The 61.2' X 135' lot is legally described as Block 106,
Lot 5, Delray Beach, formerly Town of Linton. The American Legion
Building is located on the east side of N.E. 5th Avenue between N.B. 2nd
Street and N.E. 3rd Street, two blocks north of East Atlantic in the down-
town area of Deiray Beach. The Hilton-Nyers Post No. 65 also owns Lots 14
and 15 of Block 106, directly to the east of the building. These lots are
currently used for parking and plans for improvement and upgrading the
parking area are in progress. Lots 14 and 15 of Block 106 are included in
historic designation.
III. STRUCTURE
The building was constructed in 1921 by the American Legion for the purpose
of serving as a meeting hall for the Hilton-Myers Post No. 65 of the
American Legion of the United States. It has served continuously in that
,
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'The American Legion Building
263 NE 5th Avenue
structure (continued)
************************************************************.*******
function since that time. It vas renovated in 1945 vith a concrete slab
added in 1987 to the entrance at the back of the building for handicap access.
rhe roof ~as reroofed!n 1987 as well and has a flag pole set above the
~ntrance~ay from which the American Flag is continuously flown. The bulldinq
;omprises 3,200 square feet.
The interior of the building features two stone fireplaces (the stone facade
reaches from the floor to the ceiling in each room), one each, occupying two
small rooms on the north and south sides of the building immediately after
entering the building. The floors are hardwood pine. There are two ba~h-
':::ooms, one each, in each of these entranceway rooms and a small kitchen.
rhe building features a large area used for American Legion business meetings
1nd ceremonies as well as for public functions. other storage areas are
iocated throughout the bUilding which have, from time to time, been used as
)fflces for the Commander and Adjutant of Post No. 65.
'he American Leqion property consists of the American Legion building on
.ot 5 amd the parking lot to the east on Lots 14 and 15.
he structure on Lot 5 is a one story rectangular building of masonry unit
:onstruction ~ith a stuccoed exterior on a concrete foundation. The flat
00£ has a built up tar and qravel surface and is supported by its original
¡and made wooden trusses. The two massive fireplaces on the north and south
~alls have chimneys visible on the exterior. A large room addition to the
rear was constructed in 1945. A Florida Master Site File inventory form was
prepared for the building in 1986 In conjunction vith the Delray Beach
Historic Sites Survey.
Often referred to by people in the community as the "Little Alamo of Delray
Beach", the building is an ~xcellent example of the Mission Revival style.
It is symmetrically massed and presents a simplicity of design and ornamen-
tation. . The arched windows of the front facade are symmetrically placed as
]re the arched attic vents below the primary roof. The building's most
)rominent characteristics are the central curved parapets which conceal the
?rimary and secondary flat roofs.
;'ront (West) Elevation
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The American Legion Building
263 NE 5th Avenue
structure (continued)
**x******************************************************.**********
One enters the building through an enclosed entryway. To the left and right
of the entrance are two small reception rooms. The entryway and reception
areas run the length of the facade with a roof that is lower than the main
portion of the building. Two sculptured cement benches flank the exterior
of the entryway at right angles to the bUilding. Two arched windows with
original wood mullions on top and a pair of 6 pane original wood caseaents
below provide light and air flow to each of the two reception rooms. The
roof of the two reception rooms and entryway is flat with a decorative
parapet which terminates at the corner with a raised two step curve.
Barrell tiles cap the parapet over the arched windows. The portion of the
parapet over the entryway features a reverse arch which emphasizes the bell
arch on the parapet of the primary roof. The parapet of th~ primary roof has
a traditional Mission Revival bell arch in the center and terminates at the
corners with an enlarged version of the two step curve found in the secondary
roof. In the center of the bell arch is placed the American Legion e.blem
and a flag pole rises above. The two attic vents on the primary roof are
arched and are embellished with decorative balustrade type muntins with
louvers behind.
North and South Elevations
NORTH
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The American Legion Building
263 NE 5th Avenue
Delray Beach, Florida
structure (continued)
********************************************************************
The north and south elevations are identical. An original arched window,
duplicate of the front arched cåseaent window, is placed in the north and
south reception rooms. A pair of original double hung wood windows flank
the chimneys. A small window followd by a double window, complete the
fenestration of the north and south facades of the orignal building. The
original wood windows in the two windows to the east have been replaced
with aluminum awning vindows. Three structural buttresses are visible on
both elevations and the roof parapet is capped with barrel tiles.
~
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SOUTH
Near (East) Elevation
The original rear elevation is co.pletely obscured by the 1945 addition.
It is hoped that photographs or plans viII be found to aid In the restoration
or appropriate renovation of this facade.
IV. HISTORICAL AND ARCHITECTURAL SIGNIFICANCE
The American Legion Milton Myers Post 65 Building was built in 1921.
The contractor vas John I. Thieme but the architect is unknovn.
John I. Thieme's family settled in Delray Beach in 1908, and built
the first A.George building in Delray Beach in 1916;i it vas Mr. Thieme's
first contracting job. The American Legion Building's construction vas
done completely by volunteer members of the post and their friends.
The property for the building was purchased in in 1921. The property and
the American Legion Building ~re currently appraised at $91,000.00 by Palm
Beach County. The double-lot (parking lot) just east of the American Legion
Bu ild i n9 is appraised at $98,000.00 by Palm Beach County.
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The American Legion Building
263 NE 5th Avenue
Delray Beach, Florida
Historical and Architectual Significance (continued)
********************************************************************
The American Legion Building was dedicated on Ar.istice Day/Veterans Day
at 11 am on the 11th day of the 11th month on Nove.ber 11, 1922 to co.-
memorate the day that WWI ended in 1918. On the cornerstone of the A.er-
ican Legion Building is the following inscription: "In Honor of the Delray
Boys who served in the World's War/Dedicated By Hilton-Hyers Post No. 65/
American Legion/Nov. 11th, 1922" (See attached photo).
The building is believed to be one of the oldest, if not the oldest,
American Legion building in the state of Florida which was built for that
purpose and used continuously for that purpose. It has also been continously
owned by the American Legion since construction began in 1921. The American
Legion of the United States was founded in 1919 in Paris, France and is the
world's largest veterans' organization with over 3 .tllion members in
approximately 16,000 Legion Posts. The international headquarters are
located in Indianapolis, Indiana.
The Hilton-Hyers Post No. 65 of the American Legion of the United States
was named in honor of and in memory of Harvin W. Hilton and Loney Hyers
two World War I veterans from Delray Beach who were killed in
the line of duty.
The American Legion officers and members have been active in the Delray
Beach Community since Post No. 65 was chartered in Delray Beach on Hay 29th,
1920. Charter memberes of the Hilton-Hyers Post No. 65 were:
Edgar T. Hyers J.L. Hilton
Lonnie W. Cook John S. Swanson
Archie B. Johnson R.H. Wuepper
Jack A. Chisholm Henry J. Gill
Ira Lee Turnbull Grover C. Baker
Thomas Hollensbee J.E. Walker
L.R. Sperry Samuel E. O'Neal
Hany prominent Delray Beach residents have served as Co.manders and/or
Adjutants of the Post No. 65 including World War I veteran, Albert L. Miller,
First Commander of Post No. 65, 1920-21, (Was the Hayor of Delray Beach in
1941, organized Delray's first Boy Scout troop in 1910 & also served as
Delray's first volunteer fire chief in 1915); J.B. S.ith, Sr. 1936 & John T.
Smith, 1949 (J.B. Smith Jewelers); R.A. Plastridge, 1927 (Founder of Plast-
ridge Insurance Agency); Lauren C. Hand, 1929 (Settled in Delray Beach in
1911, Founder of Hand's Book & Office Supply Store, Editor of Delray News,
City Clerk, & was in first graduating class of Delray High School); H.T.
HOlloway, 1934 (Real Estate); J.R. Tallentire, 1948 (Delray Beach Playhouse
Trustee); Robert J. Babione, 1960 (Funeral Home Founder/Director/Formerly
"Lorne & Babione Funeral Home" in De1ray Beach/Now Babione Funeral Home
located in Boca Raton); and, John D. George, 1965 & 1994 (George & Sons
Clothing Store).
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The American Legion Building
263 NE 5th Avenue
Delray Beach, Florida
Historical and Architectual Significance (continued)
********************************************************************
The 1994-95 second term Commander of the Milton-Myers Post No. 65 is George H.
Moran, a resident of Delray Beach since 1969. He served in the European Theater
at Normany and Northern France during World War II in the u.S. Army, 28th
Infantry Division. He 1s the Immeidate Past Comaander of the Military Order of
the Purple Heart; Past Commander of the Veterans of Foreign Wars (VFW) Post 4141
in Delray Beach; and a Life Member of the Disabled American Veterans (DAV).
He was instrumental in intlating the process of obtaining Historical Designation
for the American Legion Building and has made that project his goal during his
second term of office as Commander of the post. The current Adjutant of the
Milton-Myers Post No. 65 is John D. George, a Past Commander & Past District
Commander, is a veteran of World War II.
The Milton-Myers Post No. 65 of the American Legion of the United States
also has a long history of community service in Delray Beach. Some of
their contributions include:
++Donated a Memorial Monument (see attached photo) to the Delray Beach Ceme-
tery in 1965 engraved as follows:
"The American Legion Memorial/In Honor of/All Veterans of All Wars/
Milton-Myers Post and Auxiliary/Delray Beach, Florida/1965".
Ceremonies are held twice a year at this site to honor those who have made
the ultimate sacrifice to their country by giving their lives.
++sponsored Boy Scout Troop , 1 (now known as Troop '301) of Delray Beach,
which is now the largest boy scout troop in the Gulf Stream Council
++Sponsored Special Olympics Athletes of Florida
++Post No. 65 was active in supporting and building the first Little League
Baseball field in Delray Beach during the 1950's. The land was given to
the Legion Post by Judge Currie's family for a park and the Legion Post
later donated it to the City of Delray Beach (near 7th Street)
++Sponsored a Little League Baseball Team for the Delray Beach National
Little League in 1984
++Sponsors an American Legion Baseball Team of 18 (male and female) High School
students/9 students from Atlantic High School and 9 students from Santaluces
High School in Boynton Beach. This is co-sponsored with Post No. 164 in
Boynton Beach.
++Marched in Veterans Day and Memorial Day Parades in Delray Beach (see
attached photos)
++Annually sponsors two outstanding high school junior students for the "Boys
state Program" from Atlantic High School in Delray Beach to attend seminars
in Tallahassee on city, county, & state politics. The Legion Post has spon-
sored this nationwide program which teaches the duties and responsibilities
of citizenship since 1934.-
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The American Legion Building
263 NE 5th Avenue
Delray Beach, Florida
Historical and Architectual Significance (continued)
********************************************************************
++Annually sponsors the American Legion School Award which honors and recog-
nizes outstanding students from Atlantic High School in Delray Beach and
awards them scholarships
++Annually honors Delray Beach Fire and Police Department members (male and
female) with plaques at an awards banquet for the past 21 years.
++Honors and comforts area Delray Beach veterans who live in their homes,
in nursing homes, in hospitals, as well as at the VA Hospital/Nursing Home
in Miami. Homemade articles (i.e., crocheted lap robes), gifts, clothing,
toiletries, and companionship are given to these veterans by members and
auxiliary members of the American Legion (see attached photo).
The American Legion Building and its members have a long and proud social
history as well as a dedicated history of community service to Delray Beach.
V. PRESENT USE, CONDITION, AND ZONING
263 NE 5th Avenue is currently used as a meeting hall for the American
Legion Milton-Myers Post 65 of Delray Beach, Florida as well as a public
meeting place for various community organizations and clubs.
The building needs extensive interior renovation which is now being assessed
by architect Roy Simon who has drawn up designs for a new interior of the
building featuring renovated areas surrounding the fireplaces which would be
used as social areas, a new kitchen, new storage areas, an expanded meeting
space area with a possible extension added to the back of the building¡ two
new bathroom areas featuring handicapped accomodations¡ and new offices ~or
the Commander and Adjuntant of Post No. 65. These improvements would repre-
sent more than $250,000.00 projected to be invested in this property while
retaining the architectual integrity and charm of the original building.
The existing Commercial Zoning in the Central Business District permits a
variety of uses which insure the continued vitality of the building. This
building is of particular historic significance to the American Legion and
to the community.
VI. IMPACT OF DESIGNATION
The designation. of the American Legion Building to the Local Register of
Historic Places acknowledges the contribution of this building by the Hilton-
Myers Post No. 65 to the Delray Beach, Florida community.
Further, it reinforces the need of the community to recognize the quality in
craftsmanship of the Town's early builders, and serves as a reminder of the
charming style of the Mission Revival. Known to many residents as the "Little
Alamo of Delray Beach", this charming building is poised for significant
restoration and rejuvenation which will return it to its original glory.
During this 50th Anniversary period of World War II (1941-1945/1991-1995), it
is additionally important to recognize that the Milton-Hyers Post No. 65 has
.
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( 8 )
The American Legion Building
263 HE 5th Avenue
Delray Beach, Florida
Impact of Designaton (continued)
******************************************************************..
been officially designated by the Department of Defense as a 50th Anniversary
of World War II Commemorative Community. Built after World War I and existing
throughout World War II, Korea, Viet Nam, Granada, Panama, Desert storm/Persian
Gulf War and other world conflicts, this building serves as a tribute to those
brave men and women who honorably served the United states of America here and
abroad when their nation called them to service. This building is a living
symbol of these soldiers, POW's, MIA's, and those killed in battle, who will
always be honored by the members of the American Legion. This building is a
testament to the fact that a "Grateful Nation Remembers" which is the official
motto of the Department of Defense during this WWII commemorative period which
ends on Veterans Day, 1995. As one of the oldest, if not the oldest, American
Legion building in the state of Florida, it would be of particular interest to
those persons throughout the county, state, and nation who are members of the
American Legion of the United states or who have a record of military service.
The American Legion is in the process of determining the status of this build-
ing among the other American Legion buildings in the state of Florida at this
time and will notify the Historic Preservation Board of Delray Beach of its
findings on this subject. The Milton-Hyers Post No. 65 of the American Legion
of the United states plans to have this building and site as their perpetual
home and will continue to fly the American flag daily above this tiny fortress
so beloved by its members.
VII. RESOLUTION
The Historic Preservation Board of Delray Beach resolves to accept this
designation report and recommend to the City that the Hilton-Hyers Post No.
65 of the American Legion of the United States Building be placed on its
Local Register of Historic Places.
The nomination for designation of the American Legion Building as an historic
site is appropriate and conforms with the standards and criteria of Section
4.5.1 (A) (B) & (C) of the Land Development Regulations.
The Historic Preservation Board finds that the American Legion Building is
consistent with the City's acknowledgment of its architectural and historical
resources. Further, the designation serves as a permanent reminder of Delray
Beach's early traditions, and of the contributions of the American Legion and
its members to this community since the early 1920's.
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( 9 )
The American Legion Building
Delray Beach, Florida
ACKNOWLEGHENTS
Intervievs
+Patricia Cayce, Historic Preservation Planner, City of Delray Beach
+John P. Johnson, Director, Historic Palm Beach County Preservation Board
+Ari Sigal, Reference Librarian, Delray Beach Public Library
+George H. Horan, Commander, Hilton-Hyers Post No.6s, American Legion of the
United States (Department of Florida)
+David Harden & Staff, Office of the City Hanager, Delray Beach
+Diana Cline, Community Improvement/Staff Assistant & Secretary to Chief
Building Official, City of Delray Beach
+Allan A. Wells, Past Commander & Adjutant, Hilton-Hyers Post No. 65
+Frederick Gaske, Grants Supervisor, Bureau of Historic Preservation, Florida
Department of State
+Sherry Piland, Historic Sites Specialist, Division of Historical Resources,
Florida Department of State
+Hr. John Tallentire, Past Commander of Hilton-Hyers Post No. 65
+Hrs. King Cone (Elizabeth De Parlier Cone), Past District President of the
American Legion Auxiliary, Hilton-Hyers Post No. 65; Joined the Aux. in
1927. She is 93 years old.
+Hr. Allan A. Wells, Past Commander of the Hilton-Hyers Post No. 65
+Hr. Robert Babione, Past Commander of the Hilton-Hyers Post No. 65
+Hrs. Phyllis Babione Haggerty, Babione Funeral Home, Boca Raton
+Hr. Paul Speicher, Former Ovner, Plastridge Insurance Agency, Delray Beach
+Hrs. Virginia Schmidt, Delray Beach Historical Society, Delray Beach, FL
********************
+The Incomparable Delray Beach--Its Early Life And Lore by Cecil W. and Hargoann
Farrar, Star Publishing Co., 1974, De1ray Beach Public Library
+City of Delray Beach Property Records/City Clerk
+Delray Beach Historic Sites Survey--Historic Pal. Beach County Preservation
Board, July, 1987
+Charter of Hilton-Hyers Post No. 65 of the American Legion of the United states
+Property Appraisal Documents/Palm Beach County Tax Appraiser's Office
+Delray Historical Society, Delray Beach, Florida
+Restoration Committee, "This Old House" TV Shov/WBGH-TV, Boston, Hassachusetts
+Palm Beach County Court House, West Palm Beach, Florida
+Photographs (Old)--Courtesy of Hilton-Hyers Post No. 65
+Photographs (Nev/1994)--Courtesy of Hiss Sandra Ann Thomas
+Nevspaper Article & Nevs Photo /c 19s6/Nevspaper Unknovn--Courtesy of Delray
Beach Historical Society
. *************************
I
·
(10)
The American Legion Building
Delray Beach, Florida
DESIGNATION REPORT PREPARED BY
HISS SANDRA ANN THOHAS
Senior Society President
Fifer George Weissenfels Society
Children of the American Revolution (C.A.R.)
P.O. Box 6906
Delray Beach, Florida 33484-0906
(407) 732-7420
June 24, 1994
&
HR. DAVID GEISE SNYDER
President
Dr. Bodo otto Chapter of Palm Beach
Sons of the Revolution in the State of Florida (SR)
P.O. Box 6906
Delray Beach, Florida 33484-0906
(407) 274-4579
June 24, 1994
for
HILTON-HYERS POST NO. 65
OF THE
AHERICAN LEGION OF THE UNITED STATES
GEORGE H. HORAN, COHHANDER
P.O. BOX 1365
DEL RAY BEACH, FLORIDA 33447-1365
(407) 276-0770-American Legion Building
(407) 278-2s00-Home of George H. Horan, Commander
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(
STAFF REPORT
HISTORIC PRESERVATION BOARD MEETING
AUGUST 3, 1994
AGENDA ITEM V
ITEM BEFORE THE BOARD
REVIEW AND ACCEPT THE DESIGNATION REPORT AND SET A DATE FOR THE
PUBLIC HEARING ASSOCIATED WITH NOMINATING A BUILDING TO THE
LOCAL REGISTER OF HISTORIC PLACES.
BACKGROUND
Staff has reviewed this designation report and finds it
contains all of the information required by our designation
format. Additionally, staff finds the historical and
architectural information to be factual and accurate.
Our preservation ordinance requires that if, after staff review,
the Board accepts the designation report, it shall set a date
for a Public Hearing. At the Public Hearing the Board makes a
formal recommendation to the City Commission that the subject
property be placed on the Local Register of Historic Places.
Staff has ordered the necessary radius map and mailing labels
from the County for the Public Hearing notice. If these are
available by August 7, 1994 (the ordinance requires a 10 day
advance mailing) the Public Hearing can be scheduled for the HPB
meeting of August 17th. If they are not available by August 7th
the next available HPB meeting would be September 7, 1994.
RECOMMENDED ACTION
Make positive findings with respect to Section 4.5.1(C),
Desiqnation Procedures, accept the designation report and
set the Public Hearing date for the Historic Preservation
Board meeting of August 17, 1994 or September 7, 1994.
,
STAFF REPORT
HISTORIC PRESERVATION BOARD MEETING
AUGUST 17, 1994
AGENDA ITEM III
MILTON-MYERS POST NO. 65
THE AMERICAN LEGION OF THE UNITED STATES
263 N.E. 5TH AVENUE
ITEM BEFORE THE BOARD
Conduct a Public Hearing to obtain comments from the public with
respect to recommending to the City Commission that the American
Legion property be placed on the Local Register of Historic
Places.
THE PUBLIC HEARING
Pursuant to Section 4.5.1(C)(4) of the Land Development
Regulations the Historic Preservation Board will conduct a
Public Hearing with respect to the historic designation of the
American Legion property. The purpose of the Public Hearing is
to allow the public to comment on a proposal to have the
American Legion property designated as a Local Historic Site.
Based on the analysis and testimony presented at the meeting,
the Board will make a recommendation to the City Commission as
to its placement on the Local Register of Historic Places.
Pursuant to Section 4.5.1{B) the Board determined at its meeting
of August 3, 1994 that the subject property conforms to the
criteria for designation based on positive findings to Section
4.5.1(B)(2)(d) and (e) and 4.5.1(B) (3) (a) and (b) . After
hearing public testimony pro and con the Board will make its
recommendation to the City Commission.
file/ y:American
.
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F/.ORIDA I ) ·.I'AI'TMENT 01· ST:\ IT
Jim Smith
St.·UI·I,H~' .., ~1.lll·
DIVISION OF HISTORICAL RESOURCES
H.·\ c",,· BUIIJ,"¡:
~'('I S"U'" BrtH'"II).:h
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I )""It"" Ollll<' Idt>(""il'r i\iuI111't+r IIA'I
''''H'4SS'4~ I O(I~ I H't! .'.':'.'
July 19, 1994
,
Miss Sandra Ann Thomas
955 Indigo Point, Place au Soleil
Gulf stream, Fl. 33483-6109
Re: American Legion Building, 263 NW 5th Ave., Delray Beach
Dear Miss Thomas:
Thank you for the Preliminary Site Information Questionnaire
on the above referenced property. I did get a chance to see this
building on my recent trip to southeast Florida. The building
was open for a meeting, so I got to see the interior also. Based
on the information you provided and my visit, it is our opinion
that this property should be considered for listing in the
National Register of Historic Places. I have therefore enclosed
a Florida Nomination Proposal questionnaire and instructions for
its preparation.
In the text of the nomination it will be very important to
define a context for this building. You will ~eed to document
the history of this building and relate it to the general history
of the American Legion. Hopefully your research will turn up the
name of the architect who designed the building. You will also
need to document changes and alterations to the 'building,
including the rear addition. Historic photographs may help you
with this.
A single copy of the proposal should be submitted to us as
soon as you have it completed in draft form. Footnotes, black-
and-white photographs, and site plans should accompany the draft
proposal. This will enable us to give you our comments and to
suggest ány revisions that we feel may be necessary before you
prepare the final document and make the copies of the proposal
necessary for distribution to the Review Board. At that point,
we should also be able to schedule the proposal for presentation
to the Review Board.
Archaeological Research FloriJa Folklife Program~ lIi,loril I'rl'servalion MU~l'um of rfurida Hi~tury
(00·11 .1t172Z00 1\Jt'.¡1 .\tJ7-~Il)! ";\"t1~; ~,\, PJ()4) ~88 1484
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Miss Sandra Ann Thomas
July 19, 1994
Page 2
.
If you need additional information or clarification, please
do not hesitate to call me at (904) 487-2333. I will be happy to
help in any way I can. We appreciate your interest in nominating
this property.
SinjlY' ;d
t( tt.~ £~ -.(
Sherry pi and
Historic Sites Specialist
SP/encl.
.
.
.
Section 4.5.1
ARTICLE 4.5 OVERLAY AND ENVIRONMENTAL MANAGEMENT DISTRICTS
The Districts described in this Article do not establish uses or
categorize uses. These Districts, however, do regulate allowable
uses in a manner to mitigate adverse impacts of such uses upon
the natural or man-made environment; or requlate development so
as to mitigate potential dangers to the use of such developed
land, or to otherwise implement policies and objectives of the
Comprehensive Plan. Overlay and environmental management
districts need not be shown on the Official Zoning Map.
Section 4.5.1 Historic Preservation Sites and Districts:
(A) General: In recognition of findings as set forth in
the original enactment of Ordinance 13-87, passed March 10, 1987,
this Section is created in order to provide for the
identification, preservation, protection, enhancement,
perpetuation, and the use of districts, archeological sites,
buildings, structures, improvements, and appurtenances that are
reminders of past eras, events, and persons important in local,
state, and national history; that provide significant examples of
architectural styles of the past; that are unique and
irreplaceable assets to the City and its neighborhoods; or that
I provide this and future generations with examples of the physical
surroundings in which past generations lived; and other purposes.
/ (B) Criteria for Designation of Historic Sites or
,\ Districts:
( 1) To qualify as a historic site, or historic
district, or historic interior, individual properties,
structures, sites, or buildings, or groups of properties,
structures, sites, or buildings must have significant character,
interest, or value as part of the historical, cultural,
aesthetic, and architectural heritage of the city, state, or
nation. To qualify as a historic site or historic district, the
property or properties must fulfill one or more of the criteria
set forth in division (2) or (3) below; to qualify as a historic
interior the interior must fulfill one or more of the criteria
set forth in division (2) and meet the criteria set forth in
divisions (3)(b) and (3)(d).
(2 ) A building, structure, site, interior, or district
will be deemed to have historical or cultural significance if it
meets. one or more of the following criteria:
(a) Is associated in a significant way with the
life or activities of a major person
important in city, state, or national
history (for example, the homestead of a
local founding family);
4501
.
.
.
Section 4.5.1 (B)
..
(b) Is the site of a historic event with
significant effect upon the city, state, or
nation;
(c) Is associated in a significant way with a
major historic event, whether cultural,
economic, social, military, or political;
xed) Exemplifies the historical, political,
cultural, economic, or social trends of the
community in history; or,
X· (e) Is associated in a significant way with a
past or continuing institution which has
contributed substantially to the life of the
city.
(3) A building, structure, site, or district is deemed
to have architectural or aesthetic significance if it fulfills
one or more of the following criteria; except that to qualify as
a historic interior, the interior must meet the criteria
contained within divisions (3)(b) and (3)(d):
X (a) Portrays the environment in an era of history /
characterized by one or more distinctive (
architectural styles;
X (b) Embodies those distinguishing characteristics
of an architectural style, period, or method
of construction;
(c) Is a historic or outstanding work of a
prominent architect, designer, landscape
architect, or builder; or
( d) Contains elements of design, detail,
material, or craftsmanship of outstanding
quality or which represented, in its time, a
significant innovation or adaptation to the
South Florida environment.
(4) A building, structure, site, interior, or district
will be deemed to have historic significance if, in addition to
or in the place of the previously mentioned criteria, the
building, structure, site, or zone meets historic development
standards as defined by and listed in the regulations of and
criteria for the National Register of Historic Places, as
prepared by the United States Department of the interior under
the Historic Preservation Act of 1966, as amended. A copy of
these standards for the National Register is made part of this,
section as if fully set forth herein.
4502
,
.
.
Section 4.5.1 (C)
~ (C) Ðesiqnation Procedures:
( 1) Buildings, structures, archaeological sites·, or
districts which meet the criteria for historic sites or districts
set forth in Section 4.5.l(B) may be designated as historic sites
or districts, and may be listed on the Local Register of Historic
Places.
(2) Nominations for historical site or district
designation shall be made to the Historic Preservation Board on
an application form developed and approved by the Board.
(a) Nominations for historic site status may be
initiated by:
( 1 ) The Historic Preservation Board;
(2 ) The City Commission; or
)(. (3) The property owner.
(b) Nominations for historic district status may
be initiated by:
(1) The Historic Preservation Board; or
( (2) The City Commission.
(3) The Board shall conduct a preliminary evaluation
of the information provided on each nomination application to
determine if it generally conforms with historic status criteria.
The Board shall then prepare a designation report which shall
contain the following:
(a) proposed legal boundaries of the historic
building, archaeological site, structure, or
district;
(b) any proposed conditional zoning regulations
designed to replace or complement existing
zoning regulations with regard to, but not
limited to use, floor area, density, height,
setbacks, parking, and minimum lot size;
(c) analysis of the historic significance and
character of the nominated property; and
(d) analysis of optional historic interiors for
those buildings and structures with interior
features of exceptional architectural,
aesthetic, artistic, or historic
significance.
Amd. Ord. 30-91 3/26/91
4503
~
.
.
Section 4.5.1 (C) (4)
~
(4 ) Upon completion and formal review of the report,
the Board shall set a public hearing on each proposed
designation. Notice of said hearing shall be made to the owner
of affected property at least ten days prior to the hearing by
certified mail. Additional notice shall be given in the same
manner as provided for a rezoning action [see Section
2.4.2(B)(1)(b)] and by notice published in the newspaper at least
ten days prior to the hearing.
(5) Once the public hearing date is established, no
permits shall be issued for any new construction, alteration,
relocation, or demolition of the real property included in the
nomination. This delay in the issuance of permits will remain in
effect until one of the following takes place:
(a) The Historic Preservation Board denies the
nomination and no appeal is filed pursuant to
Section 2.4.7{E)¡ or,
(b) The city Commission formally approves or
denies the nomination.
(6 ) After conducting the public hearing, if the
Historic Preservation Board finds that the nomination fulfills
the proper designation criteria and all procedures have been ¡
followed correctly, it shall vote on the designation. A majority
of the entire Board, present and voting, must act in the
affirmative to transmit the nomination and the Board's findings
to the City Commission. The City Commission shall consider the
recommendation through its standard ordinance adoption
procedures, except that at least three affirmative votes of the
City Commission is necessary to make a designation. In the event
that a directly affected property owner objects to the historic
designation, the Commission approval shall require a super
majority vote of four votes.
(7) After conducting the public hearing, if the
Historic Preservation Board does not find that the request fills
the criteria, no further action will be required and the request
will be deemed denied. However, an appeal may be filed and
processed pursuant to Section 2.4.7(E).
(8) The Board will issue an official "certificate of
historic significance" to the owner of properties listed
individually on the local historic register or judged as
contributing to the character of a historic district listed on
the local historic register. The Director acting as City
Preservation Officer, or his appointee, is authorized to issue
and place official signs denoting the geographic boundaries of
each historic district listed in the local historic register.
Amd. Ord. 30-91 3/26/91
4504
I
I
.
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: !f?CITY MANAGER
SUBJECT: == iiWi'0 1> ~¡~ ~~"
, ....' '.. .," .....'mr& . .." A·· '\."" ,... .. . 1!ID~ 6" 4- 9".~
~flWrl...,..-· H~_~"·_""1l'.
DATE: OCTOBER 11, 1994
Ordinance No. 64-94 is one of two proposed telecommunication
ordinances proposed for consideration on second and final reading,
It enacts a new Chapter 57, "Telecommunication Right-of-Way
Permits", which provides the authority to require companies which
install communication systems within City rights-of-way to obtain a
permi t and pay an annual fee, It excludes municipally franchised
telephone or cable companies.
This ordinance will allow the City to regulate and generate revenue
from the use of the City's rights-of-way. This will be especially
significant in the event franchise fees are no longer permitted due
to proposed changes in federal and state law.
At first reading on September 27, 1994, the Commission passed the
ordinance by unanimous vote.
Recommend approval of Ordinance No. 64-94 on second and final
reading.
f~ 5-0
.
ref:agmemo3
.
I
I
I ORDINANCE NO. 64-94
,
i AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
I
! DELRAY BEACH, FLORIDA, AMENDING TITLE V, "PUBLIC
I
I WORKS" , BY ENACTING A NEW CHAPTER 57,
I "TELECOMMUNICATION RIGHT-OF-WAY PERMITS", TO PROVIDE
I FOR THE ENACTMENT OF A NEW CHAPTER TO REQUIRE A
I PERMIT FOR AND TO ASSESS FEES FOR TELEPHONE,
¡ TELEMETRY, VIDEO, INTERCOM, DATA AND
i TELECOMMUNICATIONS LINES, CABLES AND CONDUITS WITHIN
I THE RIGHTS-OF-WAY WHICH PROVIDE TOLL AND PRIVATE
I TELEPHONE AND TELECOMMUNICATIONS SERVICES AND
í EXCLUDING FROM THESE FEES ALL UTILITIES AND ALL OTHER
I
, FRANCHISE SERVICE PROVIDERS USING THE RIGHT-OF-WAY
I
I AND TO SET FORTH THE TERMS AND CONDITIONS FOR SUCH
I PERMITS¡ PROVIDING A SAVING CLAUSE, A GENERAL
I REPEALER CLAUSE, AND AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DEL RAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Title V, "Public Works", of the Code of
Ordinances of the City of Delray Beach, Florida, be, and the same is
hereby amended by enacting a new Chapter 57, "Telecommunication
Services", to read as follows:
CHAPTER 57: PERMITS FOR USE OF RIGHT-OF-WAY FOR PRIVATE
TELECOMMUNICATION SERVICES.
SECTION 57.01 PERMIT REOUIRED FOR USE OF RIGHT-OF-WAY,
(A) No person or firm, whether public, private, nonprofit
or not-for-profit, shall construct, operate or continue to operate a
private communication system which occupies the streets, public ways
and public places within the City without having been issued a
telecommunication permit by the . Chief Building Official, or a
franchise for telephone; telecommunication service, video distribution
system, or cable communication system by the City. All work wi thin
the City's rights-of-way shall require a permit from the Environmental
Services Department for any construction activity,
I (B) Except as hereinafter provided, it shall be a term and
condition of any telecommunication permit issued in accordance
herewith that as a part of the consideration supporting the issuance
of such telecommunication permit and the City's permission thereby to
occupy and use the streets of the City, that the permittee shall pay
each year to the City compensation and license fees as follows:
I
I I
I
I
I I
il\
.
I
applicants shall permit fee of I
( 1 ) All pay a request I
I, $300,00.
I' !
u (2 ) For providers of long distance access or long
distance service, other than the franchised local I
II I
I, $500.00
" exchange carrier, a minimum fee of per
"
I
,I year per cable or $500.00 per year per cable per i
!I linear mile or any portion thereof per mile I
I. whichever is greater or the maximum allowed by
II law.
11
II ( 3 ) For private communications systems owned by a
I
¡ non-franchised entity, a minimum of $500.00 per
I year or $500.00 per linear mile, whichever is
I, greater, or any part thereof, per year for systems
extending over one (1) mile. In no case shall the
I' annual fee be less than $500.00.
II (4 ) Lines, cables or fiber optics of a private
II
II communication system placed in a conduit or
duct-bank owned by another permittee or franchisee
II shall require a separate telecommunication
¡, application and permit, subject to the same
II requirements as other installations, except the
.1
II fee for the additional telecommunications permit
shall be one-half the maximum allowed by law or
II one-half of the otherwise applicable per linear
II mile fee for the portion of the pathway so
I utilized.
II
II (5) Lines, cables or fiber optics of a private
II communication system which are placed in a conduit
or duct-bank owned by an entity not exempt by law
II or statute from the provisions of this chapter
shall require a telecommunication permit, unless
!.
II the franchise, or other authorization by which the
'I exempt entity has the right to place the conduit
or duct-bank wi thin the City property, prohibits
the application of the permit and fee requirements
contained in this chapter to the lessee of space
within the conduit or duct-bank.
- 2 - Ord. No, 64-94 I
I
I
I
I i
I
I (C) The annual compensation and license fee provided for in
i
I Section (B) shall be payable annually on or before October 1 of each
! calendar year for the portion of the private communications systems
within the City right-of-way on January 1 of that year and a prorated
I license fee, based upon the calendar quarter in which the application
i
I is filed, shall be paid at the time of the application for a
11 telecommunication permit for all new portions of the system.
I, Quarterly revenue fees are due January 1, April 1, July 1, Oc tober 1.
'J
11
:1 (D) Fees not paid within ten days after the due date shall
¡i
I: bear interest at the rate of one percent ( 1 %) per month from the date
due until paid. I
II (E) The acceptance of any payment required hereunder by the I
I City shall not be construed as an acknowledgement that the amount paid
I
I is the correct amount due, nor shall such acceptance of payment be
i
I construed as a release of any claim which the City may have for
additional sums due and payable,
i
I ( 1 ) All fee payments shall be subject to audit by the
City and assessment or refund if the payment is
I found to be in error.
, (2 )
Ii In the event that such audit results in an
I
!! assessment by and an additional payment to the
íI City, such additional payment shall, at the City's
I'
I
I' option, be subject to interest at the rate of one
,¡
II percent (1%) per month retroactive to the date
Ii such payment originally should have been paid,
i¡
I' which shall be due and payable immediately,
,I
II (F) Nothing in this chapter shall be construed to limit the
liability of the Permittee for all applicable federal, state and local
I, taxes. I
Ii (G) Any holder of a telecommunication permit must be a
member of "Call Sunshine" Utility Notification Center (1-800-432-4770)
or any subsequent alert and warning system to protect and locate their
underground and pole mount structures,
I
- 3 - Ord. No. 64-94 I
I I
,
·
I
I SECTION 57,02 DEFINITIONS,
(A) For purposes of this chapter and any permit in
accordance herewith, the following terms, phrases, words and their
derivations, shall have the meaning given herein unless otherwise
specifically provided in this chapter, unless the context clearly
indicates otherwise or unless such meaning would be inconsistent with
the manifest intent of the City Commission,
(1) "Building Official" means the Chief Building
Official of the City of Delray Beach,
(2) "Cable Communications System" means a
non-broadcast facility consisting of a set of
transmission paths with associated signal
generation, reception and control equipment, under
common ownership and control, which distributes or
is designed to distribute to owners, users or
subscribers, the signals of one or more television
I broadcast stations and other subscriber services
with an existing franchise issued by the City of
Delray Beach.
(3) "FCC" means the Federal Communications Commission
or its legally appointed successor,
(4) "Local Access Transport Area (LATA)" means that
geographic area and communications system in which
the City of Delray Beach is located and in which
Southern Bell or any subsequent telephone company
is authorized by the Public Service Commission of
Florida to provide local exchange access
telecommunications services.
(5) "Local Telephone Service" means:
(a) The access to a local telephone system, and
the privilege of telephonic-quality
communication with substantially all persons
having telephone or radio telephone stations
constituting a part of such local telephone
system; or
(b) Any facility or service provided in
connection with a service described in
paragraph (a),
- 4 - Ord, No. 64-94
, I
.
I The term "local telephone service" does not
I include any service which is a toll telephone
i service¡ private communication service¡ cellular
¡
I mobile telephone or telecommunication service¡
I specialized mobile telephone or telecommunication
service¡ specialized mobile radio, or pagers and I
paging, service, including but not limited to
"beepers" and any other form of mobile and
portable one-way or two-way communication; or
telephone typewriter or computer exchange service,
(6) "Telecommunication Permit" means the privilege
granted by the City by which the City authorizes a
, person to erect, construct, reconstruct, operate,
I dismantle, test, use, maintain, repair, rebuild
and replace a private communications system that
occupies the streets, public ways or public places
II within the City. Any Telecommunication Permit
issued in accordance herewith shall be a
I, nonexclusive permit.
II
I' (7) "permi t tee II means the person, organization, firm,
II non-profit, not-for-profit, corporation or its
,I legal successor in interest who is issued a
II
I' Telecommunication Permit or Permits in accordance
j!
! with the provisions of this chapter for the
I erection, construction, reconstruction, operation,
dismantling, testing, use, maintenance, repairing,
, rebuilding or replacing of a private
1 I
I
I communications system in the City. i
I
(8 ) "Private Communications System" system
Ii means any
of communications lines, cables, equipment or
facilities, which are used to provide a telephone,
II video, data, telemetry, intercom or
telecommunications service, that in any manner
II occupies easements, the streets, public ways or
I public places within the corporate limits of the
City, as now or in the future may exist. Private
, communications system does not include any part of
, state municipally franchised Local Exchange
I, a or I
Telephone Company or part of a cable television
system or telephone system franchised by the City
or any part of a federal, state, county or local
government owned communications system.
¡ 5 Ord. No, 64-94
- -
I
.
I
(9) "Street" means any area established for vehicular
or public access use of the entire width between
the property lines of every way publicly
maintained when any part thereof is open for
public purposes. "Street" includes, but is not
limited to, highway, avenue, road, alley,
right-of-way, lane, boulevard, concourse, bridge,
tunnel, parks, parkways and waterways.
I
( 10) "Easements" mean any strip of land created by a
subdivider for public or private utili ties,
sanitation, or other specified uses having
limitations, the title to which shall remain in
the name of the property owner, subject to the
right-of-way use designated in the reservation of I
the servitude. No private facility may be
constructed wi thin the easement without written
permit from the City.
, (11) "Toll Telephone Service" means: I
I (a) A telephonic-quality communication for which
II there is a toll charge which varies in amount
I wi th the distance and elapsed transmission
I time of each individual communication; or
I (b) A service which entitles the subscriber or
I user, upon the payment of a periodic charge
II which is determined as a flat amount or upon
the basis of total elapsed transmission time,
I to the privilege of an unlimited number of
I telephonic communications to or from all or a
¡ substantial portion of the persons having
, telephone or radio telephone stations in a
I specified area which is outside the local
¡ telephone system area in which the station
provided with this service is located,
SECTION 57.03 LENGTH OF PERMIT,
. (A) Any Telecommunication Permit issued by the City in
accordance herewith shall be a nonexclusive permit for the use of the
easements, streets, public ways or public places within the City as
specified in the Telecommunication Permit for the erection,
construction, reconstruction, operation, maintenance, dismantling,
testing and use of a Private Communications System.
- 6 - Ord. No. 64-94
II I
I
I
I (B) Any Telecommunication Permit issued by the City shall
I continue in full force and effect so long as the Permittee is in
¡ compliance with this chapter, all applicable federal, state and local
I
i
I ordinances and regulations and the space occupied is not needed for a
I
I public purpose. I
I Telecommunication Permit shall be
I (C) In the event any
I
I revoked, the applicable Private Communications System shall, at the
, option of the City, be removed from the streets, public ways and
í
i public places at the sole expense of the Permittee.
I
(D) All permits for construction activities shall expire
one (1) year after date of issuance.
SECTION 57,04 PERMIT LOCATIONS.
I
(A) Any Telecommunication Permit issued for a Private
Communications System in accordance herewith shall apply only to the
I location or locations stated on the Telecommunication Permit or
Permits. Each Permit shall clearly state the location of each end and
I leg of the Private Communications System and specifies the length
I certified by a registered survey company.
I
1 (B) Nothing in this chapter shall be construed as a
I representation, promise or guarantee by the City that any other permit
, or other authorization required under any City ordinance for the
I
I construction or installation of a Private Communications System shall
be issued. The requirements for any and all other permits as may be
required by any City ordinance, including the Right-of-Way Utilization
Permit, shall still apply and all other applicable permit fees shall
I still be due.
SECTION 57.05 USE OF STREETS AND POLE ATTACHMENTS,
I (A) Before commencing construction of its Private
!
I Communications System in, above, over, under, across, through or in
any way connected with the streets, public ways or public places of
the City, the Permittee shall first obtain the written approval of,
and all other necessary permits from, all appropriate City agencies,
including, but not limited to, the Planning and Zoning Department and
the Depaz:tment of Environmental Services. Applications for such
approval shall be made in the form prescribed by the Building
Department,
- 7 - Ord. No, 64-94
II
,
I
¡ (B) Upon obtaining such written approval, the Permittee
I shall give the Building Department and the appropriate agency written
i notice within a reasonable time of proposed construction, but in no
i event shall such notice be given less than ten (10) days before such
I commencement, except for emergency repairs of existing lines or
! cables.
¡
I (C) Any person who submits a request for a permit in
i accordance herewith shall include therein proposed agreements for the
: use of existing utility poles and conduits, if applicable, with the
I' owner(s) of such facilities to be used or affected by the construction
of the proposed Private Communications System, which agreements shall
/ become effective on the date of execution of the permit issued in
, accordance herewith in the event that such person is issued a permit,
In the event that permission to use existing poles or conduits cannot
be obtained, the Permittee shall submit documentation to support the
unavailability of existing poles and a detailed plan for construction
to ensure protection for existing facilities,
(D) It shall be unlawful for the Permittee or any other
I person to open or otherwise disturb the surface of any street,
sidewalk, driveway, public way or other public place for any purpose
I whatsoever without obtaining approval to do so pursuant to the manner
iÎ prescribed in subsections (A) and (B) hereof,
¡ (E) The Permittee shall restore any street or sidewalk it I
II has disturbed in accordance with the provisions of the City's standard .
. specifications for streets and sidewalks, and shall, at its own cost I
Ii and expense, restore and replace any other property disturbed, damaged
!i or in any way injured by or on account of its activities to as good as 1
1'1 the condition such property was in immediately prior to the ,
I disturbance, damage or injury or pay the fair market value of such I
I property to its owner or shall make such other repairs or restorations
II as outlined in the approved permit.
I (F) The Permittee shall, at its own cost and expense,
protect, support, temporarily disconnect, relocate in the same street
or other public place, or remove from such street or other public
place, any of its property when required to do so by the City because
of street .or other public excavation, construction, repair, regrading,
or grading; traffic conditions; installation of sewers, drains, water
pipes; City, County or State owned power or signal lines, tracts;
vacation or relocation of streets or any other type of structure or
improvement of a public agency, or any type of improvement necessary
for the public health, safety or welfare, or upon termination or
expiration of the permit,
- 8 - Ord. No. 64-94
I
I
I (G) Nothing in this chapter permit issued in
I or any
I accordance herewith, shall be construed as authorizing the Permittee
í to erect and maintain new poles in areas serviced by existing poles,
I
!
i if the poles are available for permittee's cable, The Permittee shall
I
I obtain written approval from the Building Department and Department of
Environmental Services before erecting any new poles or underground
i
conduits where none exist.
I
ì
i (H) The Permittee shall maintain all wires, conduits,
I
;
I cables, and other real and personal property and facilities in good
I condition, order and repair, The Permittee shall provide indemnity
insurance and performance bonds or demonstrate financial
I responsibility as shall comply with all rules and regulations issued
¡ by the Department of Environmental Services governing the construction
and installation of Private Communications Systems.
(I) The Permittee shall keep accurate, complete and current
maps and records of its system and facilities which occupy the
streets, public ways and public places within the City and shall
furnish as soon as they are available two (2 ) complete copies of such
maps and records, including as-built drawings, to the Department of
Environmental Services.
I (J) The Permittee shall comply with all rules and
I regulations issued by the City of Delray Beach governing the
construction and installation of Private Communications Systems.
I
I SECTION 57,06 VIOLATION PENALTY,
i
i
I Any person who shall carry on or conduct any business or
i
I occupation or profession for which a license tax is required by this
I chapter without first obtaining a license tax shall be considered to
I
I be in violation of this chapter, and, upon conviction, be punished as
I provided in Chapter 130 of this Code,
I SECTION 57,07
I TRANSFER ASSIGNMENTS,
I
I The Permittee shall not transfer or assign its interest in
any permit issued in accordance herewith, other than a general
assignment of the Permittee's entire assets or a pledge of the assets
as collateral on a loan, without the prior written authorization of
the City Manager. For purposes of this section, a merger or
consolidation of the Permittee with another company shall not be
deemed a transfer or assignment. The assignment of the right to a
nonaffiliated company to place a line, cable or fiber optic within a
permitted conduit or duct-bank of a Permittee is subject to the
requirement of an additional Telecommunication Permit and the
applicable fees.
- 9 - Ord, No. 64-94
I
I I
I I
I
·
'I SECTION 57.08 EXISTING PRIVATE COMMUNICATIONS SYSTEMS. ¡
II (A) Lines or cables of Private Communications Systems which
[!
II had been constructed or placed within the City's streets, public ways
[, or public places prior to the date of enactment of this ordinance were
Ii permitted to be there only by virtue of a revocable license. Such
Ii
11 lines and cables may remain within the City's streets, public ways or
public places provided the private communications systems comply with
¡¡ the provisions of this chapter as they relate to the existing lines
' and cables.
I;
,;
Ii (B) Except as hereinafter provided, the provisions of this
chapter shall become effective as to pre-existing private
communications systems on November 1 , 1994. The private
I
communications systems companies which have facilities within the City I
streets on the date of enactment of this ordinance shall have until
January 31, 1995, to obtain permits for their existing system, to pay
the applicable fee for 1994, and to fully comply with the provisions
of this chapter.
¡ (C) The applicable fee for lines, cables, and fiber optics
which were existing wi thin the City streets, public ways and public
I¡ places on October 1, 1994, shall be prorated over a two year
transitional period, The fee for the first calendar year applicable
Ii to the existing lines and cables shall be fifty percent (50%) of what
.[ otherwise would be due in accordance wi th the terms of this chapter.
Ii
II The fee for the second year shall be seventy-five percent (75%) of the
il actual amount and one hundred percent (100%) beginning in year 3.
I,
I! Section 2. That should any section or provision of this
II
i ordinance or any portion thereof, any paragraph, sentence or word be
I declared by a court of competent jurisdiction to be invalid, such
I decision shall not affect the validity of the remainder hereof as a
I whole or part thereof other than the part declared to be invalid,
I Section 3. That all ordinances
! or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 4, That this ordinance shall become effective
immediately upon its passage on second and final reading,
- 10 - Ord. No, 64-94
II
II
,
.
. -
I PASSED AND ADOPTED in regular session on second and final
! reading on this the 18th day of October , 1994.
¡ ~~
I
i
!
/ MAY
I ATTEST:
!
i () fJ"f)JJTJ ~ j{¡ ':f7 /In ,*
¡
I
I
I ity Cle k
First Reading September 27, 1994
Second Reading October 18, 1994
I
I
II
II
I
¡
II
!i
I¡
II
'I
1!
II
,I
I
,
I
I
- 11 - Ord, No. 64-94
.
.
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: â'fYCITY MANAGER
SUBJECT: AGENDA ITEM # /D £ - MEETING OF OCTOBER 18. 199~
SBCORD UADI~ AIID POW-LIC HWAIUIfG POa nan:%.~Nr.E NO. 65-94/'~
WIULBSS COMMUNICATIOltS SYSftII8þ
DATE: OCTOBER 14, 1994
Ordinance No, 65-94 is one of two proposed telecommunication
ordinances proposed for consideration on second and final reading,
It enacts a new Chapter 58, "Wireless Communications Systems:
Permits for the Use of Right-of-Way", which provides the authority
to regulate and require permitting of wireless communication system
cell sites throughout the City, It regulates the placement of the
cell sites, establishes a permitting process, establishes fees for
the permits, and a fee collection process.
As with Ordinance No. 64-94, this ordinance will allow the City to
regulate and generate revenue from the use of the City's
rights-of-way,
At first reading on September 27, 1994, the Commission passed the
ordinance by unanimous vote,
Recommend approval of Ordinance No. 65-94 on second and final
reading,
P~QdL 5-0
.
ref:agmemo4
,
·
ORDINANCE NO. 65-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING TITLE V, "PUBLIC
WORKS" , BY ENACTING A NEW CHAPTER 58, "WIRELESS
COMMUNICATIONS SYSTEMS", TO PROVIDE FOR THE ENACTMENT
OF A NEW CHAPTER TO REQUIRE A PERMIT FOR AND TO
ASSESS FEES FOR THE PLACEMENT OF MICRO CELLS, PICO
CELLS OR OTHER FORMS OF TRANSMITTERS AND RECEIVERS
FOR THE PURPOSE OF PROVIDING TELEPHONIC, TELEPHONE,
TELEPOINT, PAGING OR OTHER SIMILAR WIRELESS
COMMUNICATION SERVICES ON OR WITHIN THE RIGHTS-OF-WAY
AND ESTABLISHING A PERMITTING PROCESS TO PROVIDE FOR
THESE DEVICES IN COMMERCIAL OR RESIDENTIAL BUILDINGS
NOT ZONED FOR THIS ACTIVITYj PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Title V, "Public Works", of the Code of
Ordinances of the City of Delray Beach, Florida, be, and the same is
hereby amended by enacting a new Chapter 58, "Wireless Communications
Systems", to read as follows:
CHAPTER 58: WIRELESS COMMUNICATION SYSTEMS: PERMITS FOR THE USE OF
RIGHT-OF-WAY,
SECTION 58,01 LICENSE REOUIREMENT.
(A) No person or firm, whether public, private, nonprofit
or not-for-profit, shall construct, operate or continue to operate a I
Wireless Communications System which occupies any part of the streets,
public ways and public places within the City without having been
1 issued a Wireless Telecommunication Permit by the City, All work I
¡i
II within the City's rights-of-way shall require a permit from the
Ii Environmental Services Department for any construction activity,
!,
q
I, (B) Except as hereinafter provided, it shall be a term and
I!
II condi tion . of any Wireless Telecommunication Permit issued in
accordance herewith that as a part of the consideration supporting the
1 issuance of such Wireless Telecommunication Permit and the City's
I permission thereby to occupy and use the streets and rights-of-way of
the City, that the Permittee shall pay to the City compensation and
I license fees as set out below:
I
I ( 1 ) All applicants shall pay a permit request fee of
$50:00 per cell site.
I
I
I
,
·
1
I
(2 ) The wireless provider shall pay to the City an I
annual permit fee of $100,00 per cell site, I
I
I
placed by the I
( 3 ) Privately owned lines or cables
Wireless Communications System operator to support
the backhaul portion of the network are subject to
Chapter 57 unless the operator is a franchised
telephone company or franchised Cable Television,
(4 ) The City may adjust these permit fees each year to
the extend allowed by law. The minimum adjustment
shall be set by the cumulative increase in the
Consumer Price Index published by the United
States Department of Labor for Urban Wage Earners
(1967 = 100%), since the initial establishment of
this permit fee, or since the most recent increase
in the permit fee for any and all subsequent
increases after the first increase, and only after
a public hearing and at least twenty (20) days
notice to all Permittees, except as hereinafter
I provided.
I (C) The annual compensation and permit fee provided for in
I, Section (B) shall be payable annually on or before October 1 of each
calendar year for the portion of the Wireless Communications Systems
within the City right-of-way on January 1 of that year and a prorated
I license fee, based upon the calendar quarter in which the application
!I is filed, shall be paid at the time of the application for a Wireless
I. Telecommunication Permit for all new portions of the system. The
"
í
I quarterly revenue fees are due January 1, April 1, July 1, and October
I 1.
I
II (D) Fees not paid within ten days after the due date shall
II bear interest at the rate of one percent ( 1 %) per month from the date
due until paid.
II
(E) The acceptance of any payment required hereunder by the
City shall not be construed as an acknowledgement that the amount paid
is the correct amount due, nor shall such acceptance of payment be
construed as a release of any claim which the City may have for
additional sums due and payable.
( 1 ) All fee payments shall be subject to audit by the
City and assessment or refund if the payment is
found to be in error.
- 2 - Ord, No, 65-94
I
i
I
.
I
I (2 ) In the event that such audit results in an
I assessment by and an additional payment to the
i City, such additional payment may be subject to
I interest at the rate of one percent ( 1 %) per month
I retroactive to the date such payment originally
should have been paid, which shall be due and
payable immediately.
I
(F) Nothing in this Chapter shall be construed to limit the I
liability of the Permittee for all applicable federal, state and local i
¡ I
taxes.
(G) Any holder of a Wireless Telecommunication Permit must
be a member of IICall Sunshine" Utility Notification Center
I (1-800-432-4770) or any subsequent alert and warning system to protect
I and locate their underground and pole mount structures,
I
SECTION 58.02 DEFINITIONS.
I
(A) For purposes of this chapter and any permit in
accordance herewith, the following terms, phrases, words and their
derivations, shall have the meaning given herein unless otherwise
specifically provided in this chapter, unless the context clearly
indicates otherwise or unless such meaning would be inconsistent with
the manifest intent of the City Commission.
( 1 ) "Environmental Services II means the Environmental
Services Department of the City of Delray Beach.
I (2 ) "Wireless Communications System" means any system
:1 which uses a form of cellular telephony which
I;
II allows business and residential subscribers to
access and/or make telephone calls to each other
I' through the Wireless Telecommunications System or
II over the Public Switch Telephone Network (PSTN)
II using small cordless telephone devices which
I communicate with limited range cells (transmitter/
receiver sites) connected to a backhaul network.
(3 ) "Backhaul Network" means the physical network that
. connects micro cells and pico cells to a central
switching point or the Public Switch Telephone
Network (PSTN).
(4 ) "Micro Cell" means a transmitter/receiver system
used to communicate to the subscriber's handset.
Typically with a range of 600 - 1,000 meters,
- 3 - Ord. No. 65-94
I
, I
·
II ( 5 ) "Pico Cell" means a transmitter/receiver system
I: used to communicate to the subscriber's handset,
" Typically with a range of 200 - 600 meters,
I
i
(6) "FCC" means the Federal Communications Commission
or its legally appointed successor.
I
(7 ) "Cell Site" means the location of a transmitter/ I
receiver and backhaul network interface which
provides telephonic or telecommunications type
service to subscribers. The locations include
single pole mounted receiver/transmitter units,
receiver/transmitter units located on new or
existing antenna structures, receiver/transmitter
units located in buildings and on roof tops,
(8 ) "Local Access Transport Area (LATA) II means that
geographic area and communications system in which
the City of Delray Beach is located and in which
Southern Bell or any subsequent telephone company
is authorized by the Public Service Commission of
Florida to provide local exchange access
I telecommunication services,
I
! (9) "Local Telephone Service" means:
(a) The access to a local franchised telephone I
I
I system, and the privilege of I
telephonic-quality communication with ! '
substantially all persons having telephone or ,
radio telephone stations constituting a part I
I I
, of such local telephone system¡ or
I
(b) Any facility service provided in
or
I connection with a service described in
paragraph (a) ,
I The term "local telephone service" does not
include any service which is a toll telephone
service¡ personal communications service¡ private
communication service¡ cellular mobile telephone
or telecommunication service¡ regularized mobile
telephone or telecommunication service;
regularized mobile radio, or pagers and paging
service, including but not limited to "beepers"
and any other form of mobile and portable one-way
or two-way communication¡ or telephone typewriter
or computer exchange service.
I - 4 - Ord. No. 65-94 I
I
I
I
I
,
.
II
j' Communications Permi t II the
II (10) IIWireless means
privilege granted by the City by which it
authorizes a person, firm or corporation to erect,
Ii construct, reconstruct, operate, dismantle, test,
II use, maintain, repair, rebuild or replace a
wireless communications system that occupies the
II streets, public ways or public places within the
i City. Any permit issued in accordance herewith
I shall be a nonexclusive permit.
I
I ( 11 ) "Permitteell means the person, organization, firm,
profit or not-for-profit corporation or its legal
successor in interest who is issued a Wireless
Communication Permit or Permits in accordance with
the provisions of this chapter for the erection,
construction, reconstruction, operation,
dismantling, testing, use, maintenance, repairing,
rebuilding or replacing of a wireless
communications system in the City.
(12 ) I'Private Communications System II means any system I
I
of communications lines, cables, equipment or I
facilities which are used to provide a telephone, I
I video, data, telemetry, intercom or
telecommunications service that in any manner
I occupies easements, streets, public ways or public
I places within the corporate limits of the City, as
II now or in the future may exist. Private
communications system does not include any part of
II a state or municipally franchised Local Exchange
Telephone Company or part of a cable television
I system or telephone system franchised by the City
I or any part of a federal, state, county or local
government owned telecommunications system.
( 13) IIStreetll means any area established for vehicular
or public access use of the entire width between
the property lines of every way publicly
I maintained when any part thereof is open for
public purposes, II Street II includes, but is not
. limited to, highway, avenue, road, alley,
right-of-way, lane, boulevard, concourse, bridge,
tunnel, parks, parkways and waterways.
- 5 - Ord. No. 65-94
I
.
I
I I
I, (14) "Easements" mean any strip of land created by a
subdivider for public or private utilities,
Ii sanitation, or other specified uses having
II limitations, the title to which shall remain in
,I
:1
II the name of the property owner, subject to the
right-of-way use designated in the reservation of
"
¡i the servitude. No private facility may be
d constructed within the easement without written
I permit from the City,
I
'I
( 15) "Toll Telephone Service" means:
I (a) A telephonic-quality communication for which
there is a toll charge which varies in amount
with the distance and elapsed transmission
time of each individual communication; or
I (b) A service which entitles the subscriber or
1
user, upon the payment of a periodic charge
which is determined as a flat amount or upon
the basis of total elapsed transmission time,
to the privilege of an unlimited number of
telephonic communications to or from all or a
I substantial portion of the persons having
telephone or radio telephone stations in a
specified area which is outside the local
telephone system area in which the station
provided with this service is located. I
SECTION 58.03 LENGTH OF PERMIT.
(A) Any Wireless Communication Permit issued by the City in
accordance herewith shall be a nonexclusive permit for the use of the
I easements, streets, public ways or public places within the City as
specified in the Wireless Communication Permit for the erection,
II construction, reconstruction, operation, maintenance, dismantling,
I testing and use of a Wireless Communications System.
(B) Any Wireless Communication Permit issued by the City
shall continue in full force and effect so long as the Permittee is in
complianc~ with this chapter, all applicable federal, state and local
ordinances and regulations and the space occupied is not needed for a
public purpose.
- 6 - Ord. No. 65-94
,
·
(C) In the event any Wireless Communication Permit shall be
revoked, the applicable Wireless Communications System shall, at the
I option of the City, be removed from the streets, public ways and
"
ii public places at the sole expense of the Permittee.
II (D) All permits for construction activities shall expire
Ji one (1) year after date of issuance.
II
I SECTION 58.04 PERMIT LOCATIONS.
II (A) Any Wireless Communication Permit issued for a Wireless
I Communications System in accordance herewith shall apply only to the
I location or locations stated on the Wireless Communication Permit or
Permits, Each Permit shall clearly state the location of each cell
site system and specify the height and cell configuration.
(B) Nothing in this chapter shall be construed as a
representation, promise or guarantee by the City that any other permit
or other authorization required under any City ordinance for the
construction or installation of a Wireless Communications System shall
be issued. The requirements for any and all other permits as may be
I required by any City ordinance, including the Right-of-Way Utilization
Permit, shall still apply and all other applicable permit fees shall
I' still be due. !
i §ECTION ~§.95 2§~ Q~ STREEt§ AUQ POLE ATTACHMENTS. I
I (A) Before commencing construction of its Wireless
I, Communications System in, above, over, under, across, through or in
any way connected with the streets, public ways or public places of I
the City, the Permittee shall first obtain the written approval of I !
and all other necessary permits from, all appropriate City agencies,
including, but not limited to, the Planning and Zoning Department and
the Department of Environmental Services. Applications for such I
approval shall be made in the form prescribed by the Building
Department.
(B) Upon obtaining such written approval, the Permittee
shall give the Building Department and the appropriate agency written
notice within a reasonable time of proposed construction, but in no
event sha~l such notice be given less than ten (10) days before such
commencement, except for emergency repairs of existing lines or
cables.
- 7 - Ord. No. 65-94
, I
.
I (C) Any person who submits a request for a permit in
I accordance herewith shall include therein proposed agreements for the
use of existing utility poles and conduits, if applicable, with the
! owner(s) of such facilities to be used or affected by the construction
i
j of the proposed Wireless Communications System, which agreements shall
I become effective on the date of execution of the permit issued in
,
I accordance herewith in the event that such person is issued a permit,
I
In the event that permission to use existing poles or conduits cannot
I
j be obtained, the Permittee shall submit documentation to support the
I unavailability of existing poles and a detailed plan for construction
I to ensure protection for existing facilities. Such plans shall
I include detailed drawings of the location and manufacturers'
I specifications for the cell site equipment.
(D) It shall be unlawful for the Permittee or any other
person to open or otherwise disturb the surface of any street,
sidewalk, driveway, public way or other public place for any purpose
whatsoever without obtaining approval to do so pursuant to the manner
prescribed in subsections (A) and (B) . Violation of this section
! shall subject the Permittee to all penalties and remedies prescribed
herein and to all other remedies, legal or equitable, which are
available to the City.
I (E) The Permittee shall restore any street or sidewalk it
has disturbed in accordance with the provisions of the City's Minimum
I Construction Standards and Specifications, specifications for streets
I and sidewalks, and shall, at its own cost and expense, restore and
í replace any other property disturbed, damaged or in any way injured by I
I, I
!I or on account of its activities to as good as the condition such
II property was in immediately prior to the disturbance, damage or injury ,
or pay the fair market value of such property to its owner or shall
II make such other repairs or restorations as outlined in the approved
11 permit.
,I (F) The Permittee shall, at its own cost and expense,
II protect, support, temporarily disconnect, relocate in the same street
or other public place, or remove from such street or other public
place, any of its property when required to do so by the City because
of street or other public excavation, construction, repair, regrading,
or gradinq; traffic conditions; installation of sewers, drains, water
pipes; City, County or State owned power or signal lines, tracts;
vacation or relocation of streets or any other type of structure or
improvement of a public agency, or any type of improvement necessary
for the public health, safety or welfare, or upon termination or
expiration of the permit.
- 8 - Ord. No. 65-94
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I (G) Nothing in this chapter or any permit issued in
!I accordance herewith, shall be construed as authorizing the Permittee
to erect and maintain new poles in areas serviced by existing poles,
if the poles are available for permittee's use. The Permittee shall
,í obtain written approval from the Building Department and other
II appropriate City agencies before erecting any new poles or cell site
support structures,
II (H) The Permittee shall maintain all wires, conduits,
I
cables, and other real and personal property and facilities in good
condition, order and repair. The Permittee shall provide indemnity
insurance and performance bonds or demonstrate financial
responsibility as shall comply with all rules and regulations issued
by the Department of Environmental Services governing the construction
and installation of Wireless Communications Systems, Insurance
amounts and bonding requirements shall be established by the City's
Risk Manager.
( I ) The Permittee shall keep accurate, complete and current
maps and records of its system and facilities which occupy the
streets, public ways and public places within the City and shall
¡ furnish as soon as they are available two (2 ) complete copies of such
maps and records, including as-built drawings, to the Department of
Environmental Services.
I
I (J) The Permittee shall comply with all rules and
regulations issued by the Department of Environmental Services
governing the construction and installation of Wireless Communications
·1 Systems. The Permittee shall also comply with all Florida Department
of Transportation regulations and requirements for maintenance of
traffic through a work zone, and meet all federal, state and local
safety requirements.
SECTION 58.06 VIOLATION PENALTY,
Any person who shall carry on or conduct any business or
occupation or profession for which a permit is required by this
chapter without first obtaining a permit shall be considered to be in
violation of this chapter, and, upon conviction, subject to a fine not
to exceed $500.00. Each day any violation shall continue to exist
shall constitute a separate offense.
- 9 - Ord. No, 65-94
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SECTION 58.07 RESTRICTIONS ON ASSIGNMENT. TRANSFER. SALE. AND
SUBLEASING.
I (A) The rights and privileges hereby granted are considered
I
, personal, and if Permittee sells, assigns, transfers, leases or
¡ pledges such rights or privileges, or both, in whole or in part,
I
I either directly or by operation of the law, then the City shall have
\ the right to terminate and all permits issued hereunder for
any no
I other cause. The City shall terminate such permits in writing, by
certified mail, return receipt requested, to Permittee, and such
I termination shall be effective sixty (60) days from said date of
mailing. The rights and provileges hereby granted shall not be
I mortgaged or encumbered without the prior consent and approval of the
i City given by written resolution.
(B) In addition to the provisions for termination provided
I for in Subsection (A), the City shall have the right to terminate any
I and all permits issued hereunder upon any actual or pending change in,
!' or transfer of, or acquisition by any other party or control of
Permittee. The word .. control 'I as used in this context is not limited
to major stockholders, but includes actual working control in whatever
manner exercised. Permittee shall annually submit to the City a list
I of all shareholders and a list of all officers and directors. By
I acceptance of the permit the Permittee specifically agrees that any
I violation of this section shall, at the City's option, cause any and
I all permits granted the Permittee under this ordinance to be revoked.
SECTION 58,08 CELL SITE ZONING RESTRICTIONS,
I
I
I
i (A) Micro Cell and Pico Cell Sites are allowed on
I
I Commercial property. Each cell site will require permit
I a as
! indicated in Section 58.01. This permit for a cell site on commercial I
I property must include a detailed design drawing of the proposed cell
site, a statement of permission by the owner and must be signed by the
I property owner and notarized, All fees and requirements of this
I ordinance shall apply.
(B) Residential Property. No Micro Cell, Pico Cell,
I repeater or translator sites are allowed on residential property.
Placement of cells on residential property is a violation of this
ordinance.and subject to a fine of not less than $5,000.00 and $500.00
per day for each day the cell is active,
- 10 - Ord. No. 65-94
I
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.
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SECTION 58.09 REPORTS.
I (A) Firms or individuals requesting permits for new cell
I sites or cell site systems may be required by the City to submit
ì
¡ evidence of financial capability to construct and operate such cell
i sites or systems as may be included in the permit request. Such
I
I evidence may include, but not be limited to, previous years audited
i
! financial statements for the requesting firm, individual financial
¡ statements for principals or investors or other such financial
information as the City Manager may desire. I
I (B) The Permittee shall provide the City with a written
I
I statement from an independent certified public accountant within 120
days after the close of the calendar year that such certified public
accountant has reviewed the books and records of the Permittee as they
I relate to any permits issued under this ordinance and based upon such
review, the certified public accountant believes the payment received
! by the City properly reflects the fee due to the City with respect to
this ordinance. The City shall have the right to reasonable
II inspection of the Permittee's books and records during normal business
"
II hours.
(C) Local Office. The Permittee must maintain a local
Ii business office open to the public during normal business hours for
I
I the purpose of handling customer service. All books and records must
I be maintained in this local office.
I SECTION 58.10 CELL SITE REMOVAL,
I, Upon cancellation, revocation or denial of the permit
II required by this ordinance, the requestor or Permittee shall remove
I such designated cell site and any support structure as requested by
I the City. Such removal to be completed within thirty (30) days. At
I the end of thirty (30) days the City may, at its option, have the cell
site removed, with such costs being the responsibility of the
Permittee.
Section 2, That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 3 , That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
- 11 - Ord. No, 65-94
(
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II I
II Section 4. That this ordinance shall become effective
immediately upon its passage on second and final reading.
!'
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II PASSED AND ADOPTED in regular session on second and final
II
II reading on this the 18th day of October I 1994.
"
)! ~~
"
il
II
Ii
,I ATTEST:
II Qf¡'fmn~}{ll{f )/Olhý
:1
II City Cl k
First Reading September 27, 1994
Second Reading October 18, 1994
il
II
II ,
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i
¡
i
i
Ii
II
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I,
:1
II
II
- 12 - Ord. No. 65-94
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I
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CfCITY MANAGER
SUBJECT: AGENDA ITEM i 10 r - MEETING OF 0C'l'0B"1&. 199_
SECOIIÐ ...n:r_lPRt.IC DARING PO. oaD'I....~,_. 74-94,¡¡¡
DATE: OCTOBER 12, 1994
This is second reading and public hearing for Ordinance No, 74-94
which amends Section 4,4.26, "Light Industrial (LI) District", of
the Land Development Regulations by deleting certain requirements
for properties which are zoned LI but which are not located within
wellfield protection zones. Please refer to the staff
documentation for an analysis of the proposed amendment.
The Planning and Zoning Board formally reviewed this amendment on
August 15, 1994, and voted 5 to 0 to recommend that it be adopted.
At first reading on September 27, 1994, the Commission passed the
ordinance by unanimous vote.
Recommend approval of Ordinance No. 74-94 on second and final
reading,
p~ 5-0
-
ref:agmemo17
.
·
ORDINANCE NO, 74-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 4,4.26,
"LIGHT INDUSTRIAL (LI) DISTRICT" , SUBSECTION
4,4.26(B), "PRINCIPAL USES AND STRUCTURES PERMITTED",
OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF
DELRAY BEACH, FLORIDA, TO LIMIT THE APPLICABILITY OF
CERTAIN ZONE RESTRICTIONS TO PROPERTIES WHICH ARE
LOCATED WITHIN WELLFIELD PROTECTION ZONES 1, 2 AND 3;
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE,
AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and
Zoning Board reviewed the subject matter at its meeting of August 15,
1994, and ha s forwarded the change wi th a recommendation of approval
by a vote of 5 to 0; and
WHEREAS, pursuant to Florida Statute 163,3174(4) (c), the
Planning and Zoning Board, sitting as the Local Planning Agency, has
determined that the change is consistent with, and furthers the
objectives and policies of, the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE I
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: I
I
Section 1, That Chapter Four, "Zoning Regulations", Article I
4.4, "Base Zoning District", Section 4,4.26, "Light Industrial (LI) I
District II, Subsection 4.4.26(B), "Principal Uses and Structures
Permi tted" , of the Land Development Regulations of the City of Delray /
Beach, Florida, be, and the same is hereby amended to read as follows: I
(B) Principa1 Uses and Structures Peraitted: The following
types of uses are allowed within the Light Industrial (LI) Zone
District as a permitted use:
( 1 ) Research and Development: Research and
Development (R&D) uses involve either some degree of product creation,
testing, evaluation, and development or the providing of testing and
evaluation services for products produced by others. However, this
use does not include the actual manufacture, assembly, fabrication, or
other processing techniques which result in either the distribution or
sale, either wholesale or retail, of products from the premises,
Further, when located within Wellfield Protection Zone 1. 2. or 3 .
materials used in such testing and evaluation shall not exceed an
I aggregate amount of twenty-five (25) gallons per gross acre of land
area for any material which is listed on the Regulated Substance list
as maintained per Section 4.5.5(B) (Wellfield Protection),
,
(2 ) Wholesaling, Storage, and Distribution: The
wholesaling, storage, and distribution of any product, However. when
I located within Wellfield Protection Zone 1. 2 . or 3. the products may
I not include those which ~ØØØ/~Ø~/t~ýø~ýØ/~~Ø/~_~~~t~!/øt/_~ý/¢_~øtt_~
Ij w~t¢~/tø ~ listed on the Regulated Substance list as maintained per
11 Section 4,5,5(B) (Wellfield Protection).
I
I ( 3 ) Industrial (Manufacturing, Assembly) : Only
i manufacturing and assembly operations are allowed~ ~~~/~~~~/Ø~~Y/~Ø/~~Ø
øttø~~/t~_t When located within Wellfield Protection Zone 1. 2 . or 3 .
any materials used in such operations shall not exceed an aggregate
amount of twenty-five (25) gallons per gross acre of land area for any
material which is listed on the Regulated Substance list as maintained
per Section 4,5.5(B) (Wellfield Protection).
(4 ) Office: General business offices and business
services are allowed. However, professional offices dealing with
medical activities and medicine are not permitted.
Section 2. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed,
Section 3. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
I declared by a court of competent jurisdiction to be invalid, such
I
1 decision shall not affect the validity of the remainder hereof as a
11 whole or part thereof other than the part declared to be invalid.
I Section 4. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the 18th day of October , 1994.
I ~~
ATTEST: MAY f>/
(1L, ~iIJt!l' -IiI I r j./() Ift¡
.Ci ty Cl rk
First Reading September 27, 1994
Second Reading October 18, 1994
- 2 - Ord. No. 74-94
1
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of(
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDEN MANAGER
FROM: DIANE DOMINGUEZ
DIRECTOR OF PLANNIN
SUBJECT: MEETING OF SEPTEMBER 27, 199
LDR AMENDMENT REVISING CERT IN REQUIREMENTS RELATED TO
WELLFIELD PROTECTION IN THE LI (LIGHT INDUSTRIAL)
ZONING DISTRICT
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of an amendment to LDR Section 4.4.26, Liqht
Industrial (LI) District. The proposed amendment would
delete certain requirements for properties not located
within wellfield protection zones.
B A C K G R 0 U N D:
This amendment was initiated by the Planning and Zoning Board
during its consideration of the rezoning of properties along
Congress Avenue from MIC to LI.
The LI District was created primarily to apply to property
located in wellfield protection zones. There are certain
restrictions and limitations built into the district which
provide extra protection against groundwater contamination.
However, the zoning district has certain characteristics that
make it suitable for areas other than wellfield zones. In those
cases, the restrictions represent an unnecessary limitation on
the use of the property.
PROPOSED LDR AMENDMENT
The amendment adds language that will retain the existing
restrictions on the types and quantities of materials used on LI
zoned property, when that property is located in Well field Zones
1, 2, or 3. If the property is not located within those zones,
it is no longer subject to those restrictions.
,
·
City Commission Documentation
LDR Amendment Revising Certain Requir~ments Related
to Wellfield Protection in the LI Zoning District
Page 2
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at its
meeting of August 15, 1994. The Board voted 5-0 to recommend
that the amendment be adopted.
R E COM MEN D E D ACT ION:
By motion, approve the amendment to LDR Section 4.4.26, Liqht
Industrial (LI) District, as provided in the attached Planning
and Zoning Board staff report.
Attachment:
* P&Z Staff Report & Documentation of August 15, 1994
TI CCL:J:LDR. DOC
,
I
PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
MEETING OF: AUGUST 15, 1994
AGENDA ITEM: V.E. LDR AMENDMENT REGARDING WELLFIELD
PROTECTION REGULATIONS IN THE LI ZONE
ITEM BEFORE THE BOARD:
The item before the Board is that of recommending approval
of an amendment to Section 4.4.26 of the Land Development
Regulations, LI (Light Industrial) District. The amendment
modifies provisions in the district regarding wellfield
protection measures.
BACKGROUND:
This amendment carne about during consideration by the Planning
and Zoning Board of the rezoning from MIC (Mixed Industrial and
Commercial) to LI (Light Industrial) of several parcels located
along Congress Avenue, north of Atlantic Avenue. At its meeting
of May 16, 1994, the Board recommended denial of the rezoning,
based in part upon restrictions built into the LI district that
were considered to be inappropriate for the Congress Avenue
properties. Those restrictions involve limitations on the types
and quanti ties of materials that can be handled on properties
zoned LI.
The LI district was created primarily to apply to properties
which, while suitable for industrial uses, require special
regulations because of their proximity to potable water supply
wells. The LI district allows industrial type uses such as
manufacturing, assembly, and wholesale/distribution, but
restricts the materials that can be handled. The restrictions
involve substances listed in Palm Beach County's Wellfield
Protection Ordinance, and apply to all properties zoned LI,
regardless of whether or not the property is located near a
well or within a Wellfield Protection Zone.
During its consideration of the rezoning, the Board noted that
the congress Avenue properties were not located within a
Wellfield Protection Zone, and that the provisions in the LI
zoning district were unnecessarily restrictive. While there
were å number of other reasons for the Board's recommendation of
denial, this issue was identified as one that needed to be
addressed. At the May 16th meeting, the Board initiated an
amendment to the LI district that would incorporate the desired
changes. A draft of that amendment is attached.
V.E.
,
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P & Z Staff Report
LDR Amendment Re: LI Zoning District ,
Page 2
ANALYSIS:
The Palm Beach County Wellfield Protection Ordinance contains
provisions which regulate the use, handling, production, and
storage of certain substances which could adversely affect
potable water supply wells and well fields. The ordinance
provides a list of the regulated substances, and describes the
types of preventive measures that must be taken in each of the
four wellfield zones. The regulations are most restrictive
within Zone I, and least restrictive within Zone 4. For
instance, uses involving regulated substances must use special
containment equipment and provide monitoring wells in order to
operate in Zones 1 and 2. Uses in Zone 4 are not required to
have any special equipment, however, they must perform daily
inspections and report spills as outlined in the ordinance.
In addition to the provisions of the wellfield ordinance,
properties zoned LI are currently subject to ªdditional
restrictions on substances handled, whether or not the property
is located within a wellfield zone, or regardless of which zone
it is in. The attached amendment would limit the applicability
of those restrictions to properties which are located within
Wellfield Protection Zones I, 2, and 3. These are the zones
which are in closest proximity to the actual wells (Zone 1 being
the closest), and for which the Wellfield Protection Ordinance
provides the strictest measures. It should be noted that any
nonresidential use within a wellfield zone is subject to the
provisions of the Wellfield Protection Ordinance, regardless of
the zoning district.
RECOMMENDED ACTION:
By motion, recommend approval of the attached amendment to LDR
Section 4.4.26, Liqht Industrial District.
Attachment:
* Proposed amendment
Report prepared by: Diane Dominguez
,
. .
(
Section 4.4.26 Light Industrial (LI) District
(B) Principal Uses and Structures Permitted: The following
types of uses are allowed within the Light Industrial (LI) Zone
District as a permitted use:
(1) Research and Development: Research and
Development (R&D) uses involve either some degree of product
creation, testing, evaluation, and development or the providing
of testing and evaluation services for products produced by
others. However, this use does not include the actual
manufacture, assembly, fabrication, or other processing
techniques which result in either the distribution or sale,
either wholesale or retail, of products from the premises.
Further, when located within Wellfield Protection Zone I, 2, or
h materials used in such testing and evaluation shall not
exceed an aggregate amount of twenty-five (25) gallons per gross
acre of land area for any material which is listed on the
Regulated Substance list as maintained per Section 4.5.5(B}
(Wellfield Protection).
(2) Wholesaling, Storage, and Distribution: The
wholesaling, storage, and distribution of any product, however,
when located within Wellfield Protection Zone 1, 2, or 3, the
products may not include those which 0øéé ~øt I~ÝøZýé t~é
~;{~(I!Zlritt øf ;(~t Íl;{tétl;{Z w~lt~ l.é are listed on the Regulated
Substance list as maintained per Section 4.5.5(B) (Wellfield
Protection) .
(3) Industrial (Manufacturing, Assembly): Only
manufacturing and assembly operations are allowed ;{~(I! t~éri ø~Zl
tø t~é é,ttérit t~;{t. When located within Wellfield Protection
Zone 1, 2, or 3, any materials used in such operations shall not
exceed an aggregate amount of twenty-five (25) gallons per gross
acre of land area for any material which is listed on the
Regulated Substance list as maintained per Section 4.5.5(B}
(Wellfield Protection).
T,X.XAI!ID.DOC:
.
I
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~ITY MANAGER
SUBJECT: AG~NDA IT~M i /0 ¡; - MEETING OF OCrosD·18. 1994 ¡<
SECOND READIlIØ/PUltLIC· ~I~ PM ORDIItAIICB 110. 75-9_
DATE: OCTOBER 12, 1994
This is second reading and public hearing for Ordinance No. 75-94
which amends Section 4.4,19, "Mixed Industrial and Commercial (MIC)
District", Subsection (H) , "Special Regulations", of the Land
Development Regulations to require that all principal and
conditional uses must be conducted within an enclosed building,
except for outside storage when approved by the Site Plan Review
and Appearance Board. Please refer to the staff documentation for
an analysis of the proposed amendment.
The Planning and Zoning Board formally reviewed this amendment on
August 15, 1994, and voted 5 to 0 to recommend that it be adopted.
At first reading on September 27, 1994, the Commission passed the
ordinance by unanimous vote.
Recommend approval of Ordinance No. 75-94 on second and final
reading.
p~ 6 -0
.
ref:agmemo18
·
ORDINANCE NO. 75-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 4,4,19,
"MIXED INDUSTRIAL AND COMMERCIAL (MIC) DISTRICT" ,
SUBSECTION 4.4.26(H), "SPECIAL REGULATIONS", OF THE
LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY
BEACH, FLORIDA, TO PROVIDE THAT ALL PRINCIPAL AND
CONDITIONAL USES SHALL BE CONDUCTED WITHIN AN
ENCLOSED BUILDING, EXCEPT FOR OUTSIDE STORAGE
OTHERWISE APPROVED; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE,
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and
Zoning Board reviewed the subject matter at its meeting of August 15,
1994, and has forwarded the change with a recommendation of approval
by a vote of 5 to 0; and
WHEREAS, pursuant to Florida Statute 163,3174(4) (c), the
Planning and Zoning Board, sitting as the Local Planning Agency, has
determined that the change is consistent with, and furthers the
objectives and policies of, the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1, That Chapter Four, "Zoning Regulations", Article
4.4, "Base Zoning District", Section 4,4.19, "Mixed Industrial and
Commercial (MIC) District" , Subsection 4,4.19(H), "Special
Regulations", of the Land Development Regulations of the City of
Delray Beach, Florida, be, and the same is hereby amended by adding
the following:
ill Except for outside storage approved
pursuant to Section 4.4.6(C)(2). all principal and
conditional uses shall be conducted within an
enclosed building.
Section 2 . That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 3. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
I
I
·
Section 4. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the 18th day of October I 199.4,
~¥/-
ATTEST: / M A
()L'1\fm~f{lJr J./n7fE¡
City Cl rk
First Reading September 27, 1994
¡
Second Reading October 18, 1994
I
I
I
- 2 - Ord. No. 75-94
I
·
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDEN, CITY MANAGER
FROM: DIANE DOMINGUEZ, ~~,~
DIRECTOR OF PLANNING & ZONING U ~
SUBJECT: MEETING OF SEPTEMBER 27, 1994
LDR AMENDMENT REQUIRING ALL USES IN THE MIC ZONING
DISTRICT TO BE CONDUCTED WITHIN AN ENCLOSED STRUCTURE
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of an amendment to LDR Section 4.4.19, Mixed
Industrial and Commercial (MIC) District, part (H), Special
Requlations.
B A C K G R 0 U N D:
This amendment is the result of the consideration of numerous
proposals to address the intensity of uses permitted in the MIC
zoning district. Currently, all principal uses permitted in the
district (i. e. manufacturing, fabrication, assembly) are
required to be conducted indoors. However, several conditional
uses which may be considered to be outdoor oriented (i.e.
lumberyards, resource recovery, stone cutting) are also
permitted in the MIC zoning district. In the past, residents
have objected to the siting of these uses at various MIC-zoned
locations, particularly those along and around Congress Avenue
between Lake Ida Road and Atlantic Avenue.
Both the Planning and Zoning Board and the City Commission
considered deleting the conditional uses from the district
altogether, however, both boards ultimately rejected that idea.
An alternative proposal involved the rezoning of several parcels
along Congress Avenue from MIC to LI (Light Industrial), which
also failed to gain support. As most of the impacts from the
uses result from the fact that they are in some cases allowed to
be conducted outdoors, the Planning and Zoning Board recommended
that a provision be added to the MIC district regulations which
would require that all uses be conducted within an enclosed
building. The City Commission supported that approach, and this
amendment is the res~lt.
I
city Commission Documentation
LDR Amendment Requiring all Uses in the MIC Zoning
District to be Conducted within an Enclosed Structure
Page 2
PROPOSED LDR AMENDMENT
The proposed amendment adds the following provision,
4.4.19(H}(5}, to the Special Regulations section of the MIC
District:
Except for outside storage approved pursuant to Section
4.4.6(C)(2}, all principal and conditional uses shall be
conducted within an enclosed building.
Thus, the conditional uses that under current regulations may be
permitted to operate outside, will have to be conducted indoors.
Outside storage will continue to be permitted, pursuant to
approval by SPRAB.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at its
meeting of August 15, 1994. The Board voted 5-0 to recommend
approval of the amendment.
R E COM MEN D E D ACT ION:
By motion, approve the following amendment to LDR Section 4.4.19
(H) :
Except for outside storaqe approved pursuant to Section
4.4.6(C)(2), all principal and conditional uses shall be
conducted within an enclosed buildinq.
Attachment:
* P&Z Staff Report & Documentation of August 15, 1994
TICCMJ:CLDR.DOC
,
PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
MEETING OF: AUGUST 15, 1994
AGENDA ITEM: V.G. LDR AMENDMENT REQUIRING USES TO BE CONDUCTED
WITHIN A COMPLETELY ENCLOSED BUILDING WITHIN THE
MIC DISTRICT
ITEM BEFORE THE BOARD:
The item before the Board is that of making a
recommendation to the City Commission on an amendment to
Section 4.4.19 of the Land Development Regulations, MIC
(Mixed Industrial and Commercial) District.
BACKGROUND:
This amendment was initiated by the Planning and Zoning Board
during its consideration of the rezoning of several parcels
along Congress Avenue north of Atlantic Avenue from MIC to LI
(Light Industrial). The rezoning had been initiated by the City
Commission in response to concerns expressed by area residents
over the nature and intensity of uses allowed in the MIC zone,
particularly along the Congress Avenue corridor. Those concerns
primarily dealt with the conditional uses allowed in the MIC,
which include resource recovery, stone cutting, lumberyards, and
similar uses. I twas felt that some of those uses may be too
intense along Congress Avenue, especially if they' involve
'outside activity. The rezoning to LI was initiated because it
does not permit those conditional uses, and all uses in that
district must be conducted within an enclosed building.
At its workshop meeting of May 9, 1994, the P & Z Board
discussed alternatives to rezoning the subject properties to LI.
The Board expressed support for the idea of adopting an
amendment to the MIC district which would require that all
principal and conditional uses be conducted within an enclosed
building. Outside storage should continue to be permitted,
provided that it is appropriately screened. The Board
recommended that the restrictions apply to MIC property that is
located along an arterial road, or wherever MIC is adjacent to
residential zoning.
At the regular meeting of the P & Z Board on May 16, 1994, the
Board recommended denial of the rezoning to LI, and gave
direction to initiate an amendment to the MIC regarding the
conducting of uses within an enclosed building. On June 7,
1994, the City Commission agreed not to proceed with the
rezoning to LI, and expressed support for the proposed amendment
to the MIC district. The Commission felt, however, that the
restrictions should,apply to all MIC-zoned property, regardless
of the location.
V,G.
I
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P & Z Board Staff Report
LDR Amendment Re: Uses to be Enclosed in MIC District
Page 2
ANALYSIS:
The proposed ordinance is to be included in the Special
Regulations section of the MIC district regulations, and reads
as follows:
(5 ) Except for outside storage approved pursuant. to
Section 4.4.6 (C)(2), all principal and conditional uses
shall be conducted within an enclosed building.
Thus, the same principal and conditional uses that are currently
permitted in the district would continue to be allowed; however,
except for outside storage, the uses would have to be enclosed.
Pursuant to Section 4.4.6 ( C)( 2 ) , outside storage may not be
located within any setback area, and must be screened in a
manner approved by SPRAB.
Staff h~s not identified any existing conforming uses that would
become nonconforming as a result of the passage of this
ordinance. A lumberyard (Causeway) was recently approved as a
conditional use in the MIC zone; however, its principal
operations are conducted indoors, with lumber stored in a
screened outside area. It is important to note that if an
outdoor use did exist, the use itself would not become
nonconforming, only the outdoor aspect.
RECOMMENDED ACTION:
By motion, recommend approval of the following amendment to LDR
Section 4.4.19, Mixed Industrial and Commercial (MIC) District,
part (H), Special Regulations:
(5) Except for outside storage approved pursuant to
Section 4.4.6 (C)(2), all principal and conditional uses
shall be conducted within an enclosed building.
Repo~t prepared by: Diane Dominguez
TIPZMXCAMD.DOC
,
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~CITY MANAGER
SUBJECT: AGENDA ITEM * /OH - MEETING OF OCTOBER 18. 1994')
SECORD RRADIHG/PUBLIC HEAIIHG FOR ORDIHANCB MO. 76- 94 ~
DATE: OCTOBER 12, 1994
This is second reading and public hearing for Ordinance No. 76-94
which amends the three applicable sections of the Land Development
Regulations to allow the City Manager to grant administrative
relief for temporary satellite dishes and outdoor retail display
areas when associated with special events, Please refer to the
staff documentation for an analysis of the proposed amendment.
The Planning and Zoning Board formally reviewed this amendment on
August 15, 1994, and voted 5 to 0 to recommend that it be adopted.
At first reading on September 27, 1994, the Commission passed the
ordinance by unanimous vote,
Recommend approval of Ordinance No. 76-94 on second and final
reading.
p~ S~O
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ref:agmem019
,
.
ORDINANCE NO. 76-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 2,4,7(D),
"ADMINISTRATIVE RELIEF", SECTION 4.3,3(P), "SATELLITE
DISH - SATELLITE TELEVISION ANTENNA" , AND SECTION
4.6.6(C), "RESTRICTIONS ON OUTSIDE USAGE" , OF THE
LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY
BEACH, FLORIDA, TO PROVIDE THAT THE CITY MANAGER MAY
GRANT ADMINISTRATIVE RELIEF FOR TEMPORARY SATELLITE I
DISHES AND RETAIL DISPLAY AREAS WHEN ASSOCIATED WITH I
SPECIAL EVENTS; PROVIDING A GENERAL REPEALER CLAUSE,
A SAVING CLAUSE, AND AN EFFECTIVE DATE. I
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and I
J
Zoning Board reviewed the subject matter at its meeting of August 15,
I 1994, and has forwarded the change with a recommendation of approval
by a vote of 5 to 0; and
:1 WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the
11 Planning and Zoning Board, sitting as the Local Planning Agency, has I
:1 determined that the change is consistent with, and furthers the I
objectives and policies of, the Comprehensive Plan. I
I
! NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE I
i I
! CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
I I
I Section 1. That Chapter Two, "Administrative Provisions", !
'i Article 2 . 4 , "General Procedures", Section 2.4.7, "Procedures for
'I Obtaining Relief from Compliance with Portions of the Land Development
Regulations", Subsection 2.4,7(D), "Administrative Relief",
I subparagraph 2.4.7(D)(1), "Rule" , of the Land Development Regulations
'I of the City of Delray Beach, Florida, be, and the same is hereby ,
I
amended to read as follows: i
1 I
I ( 1 ) Rule: Administrative relief can be granted only I
I for instances in which it is specifically allowed. The Director...........Q..¡
City Manager when specifically designated under applicable LDR
sections. 1.. än the only administrative official.&. who tfÍ ~
empowered to grant administrative relief.
I I
I
Section 2. That Chapter Four, "Zoning Regulations", Article
4.3, IIDistrict Regulations, General Provisions II , Section 4. 3. 3,
"Special Requirements for Specific Uses", Subsection 4.3.3(P),
"Satellite Dish - Satellite Television Antenna II , of the Land
Development Regulations of the City of Delray Beach, Florida, be, and
the same is hereby amended by adding the following:
I
.
ill The City Manager shall have authority to grant
administrative relief f rom LDR Section 4,3.3lP) to allow temporary.
portable satellite dishes provided that:
1.li The satellite facilities are part of an
approved special event.
llil The administrative relief shall not exceed
ten (10) calendar days in duration.
I
I Section 3. That Chapter Four, "Zoning Regulations", Article
1
i 4.6, "Supplemental District Regulations", Section 4.6,6, "Commercial
and Industrial Uses to Operate Within a Building" , Subsection
i
1 4.6.6(C), "Restrictions on Outside Usage" , of the Land Development
! Regulations of the City of Delray Beach, Florida, be, and the same is
I
[I hereby amended by adding the following:
.Lil The City Manager shall have authority to grant
!I administrative relief from LDR Section 4,6,6lC)l3) provided that:
II .Läl The outside display areas are part of an
!j approved special event.
,I
:1
I llil The administrative relief shall not exceed
ten (10) calendar days in duration.
i Section 4. That all ordinances or parts of ordinances in
I conflict herewith be, and the same are hereby repealed.
Section 5, 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
1 decision shall not affect the validity of the remainder hereof as a
,
I whole or part thereof other than the part declared to be invalid,
I
Section 6. That this ordinance shall become effective
immediately upon passage on second and final reading,
I PASSED AND ADOPTED in regular session on second and final
reading on this the 18th day of oct~~
A1Il.~'fIJ!.~!i¡ 19n f.hliy
City C rk
First Reading September 27, 1994
Second Reading October 18, 1994
- 2 - Ord. No, 76-94
i
J
I
~
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: ~VID T. H~DEN, CITY MANAGER
\ ( \
k'~~'
\ \ . . -, i
.~. , ,,~,,;' 1....1.::
I " ., J ¡, v
THRU: D ANE .....riÒ~ÍNGUÉZ ,J DI~C~,QR
DEPARTME~OF pLANNING/AND ZONING
~~ -~- ,
FROM: PAUL DORLING, ~CIPAL PLANNER
SUBJECT: MEETING OF SEPTEMBER 27, 1994
LDR TEXT AMENDMENT ALLOWING THE CITY MANAGER TO GRANT
RELIEF TO REGULATIONS FOR TEMPORARY SATELLITE AND
OUTDOOR DISPLAY AREAS AT SPECIAL EVENTS.
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval on first reading of an ordinance amending LDR
Sections 4.6.6(C), 4.3.3 (P) and 2.4.7 (D)(l) which will
allow the granting of administrative relief by the City
Manager for temporary satellite dishes and retail display
areas when associated with special events.
BACKGROUND:
These LDR amendments were initiated by the Planning and Zoning
Board at its meeting of July 18, 1994, in response to a request
from the City Manager. The amendments would allow for the
granting of temporary relief to allow the installation of
temporary satellite facilities and retail display area
associated with special events.
Currently, for events such as the Virginia Slims Tennis
Tournament, the granting of waivers by City Commission is
required for the temporary installation of TV satellite
communications and outdoor display areas. This requires
advertising costs as well as staff time to provide relief on an
annual basis.
Existing ordinances allow the City Manager to grant temporary
exemptions from the signage regulations of the LDRs [Section
4.6.7 (B)(6) ] and noise restrictions of the Code of Ordinances
[Section 99.30 (F) ] for special events. There are limitations
on the length of time and frequency that the relief actions can
be granted under these two sections. It would appear
appropriate to have similar limitations if relief is to be
allowed for satellite dishes and retail display areas.
,
PROPOSED AMENDMENTS:
The proposed amendments affect the following LDR sections:
Sections 4.6.6 (C) (4) (Outdoor Retail Displays), Section 4.3.3.
(P) (Satellite Dishes), and Section 2.4.7.(D)(1) (Administrative
Relief) .
Under LDR Section 4.3.3. (P) (Satellite Dishes) relief is
requested to allow temporary portable satellites (currently not
permitted under Section 4.3.3. (P) ( 1) , relief from required
screening requirements associated with permanent facilities
[Section 4.3.3. (P) ( 1) (b) and Section 4.3.3 (P) (4) ] and
relief from Conditional Use approval process [Section 4.3.3. (P)
( 4 ) (c)]).
Under LDR Section 4.6.6 (C) (3) (Outdoor Display Area) relief
would include temporary exemption from locational criteria
(adjacent the building associated with the main use) required
under Section 4.6.6. (C) (3) (a) and maximum square footage
requirements (10% of main business) of Section 4.6.6 (C) ( 3 )
(b) .
LDR Section 2.4.7 (D)(l) (Administrative Relief) is also to be
amended to add the City Manager as an official who could grant
administrative relief to the above LDR sections that are
specifically referenced.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board reviewed the LDR text amendments
at a public hearing on August 15, 1994. No one from the public
spoke on the item. The Board recommended approval of the
amendments on a unanimous 5-0 vote.
RECOMMENDED ACTION:
Approve on first reading an Ordinance changing the following LDR
Sections:
Section 4.6.6 (C) Restriction on Outside Usage:
ill The City Manaqer shall have authority to qrant
administrative relief from LDR Section 4.6.6 ( C) (3) provided
that:
.w. The outside display areas are part of an
approved special event.
ill The administrative relief shall not exceed
ten (10) calendar days in duration.
,
Section 4.3.3.(P) Satellite Dishes:
ill The City Manaqer shall have authority to qrant
administrative relief from LDR Section 4.3.3. (P) to allow
temporary portable satellite dishes provided that:
1.!.l The satellite facilities are part of an
approved special event.
ill The administrative relief shall not exceed
ten (10) calendar days in duration.
Section 2.4.7 (D)(1) Administrative Relief:
(1) Rule: Administrative relief can be granted only in
instances in which it is specifically allowed. The Director, or
City Manager when specifically desiqnated under applicable LDR
sections, Is are the only administrative officials who Is are
empowered to grant administrative relief.
y:satelite
,
I
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~TY MANAGER
SUBJECT: AGENDA ITEM it /O:r:.. - MEETING OF ~~.~il.,.19:1.
S&COtm ..snZ1IQIJlll'aHC IIBIt'IIIR POR'OImntA.__... 77-94
DATE: OCTOBER 12, 1994
This is second reading and public hearing for Ordinance No, 77-94
which amends various sections of the Land Development Regulations
by adding height and size limitations for accessory structures in
residential zoning districts. It also deletes IIguest cottages II as
a permitted use in multiple family zoning districts. Please refer
to the staff documentation for an analysis of the proposed
amendment.
The Planning and Zoning Board considered this amendment on several
occasions, On June 20, 1994, the Board voted 5 to 1 (Golder
dissenting) to recommend that the amendment be approved. At first
reading on September 27, 1994, the Commission passed the ordinance
by unanimous vote.
Recommend approval of Ordinance No. 77-94 on second and final
reading,
p~ .s-O
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ref:agmem020
I
I
0 r
ORDINANCE NO. 77-94
!
i
I
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF i
DELRAY BEACH, FLORIDA, AMENDING CHAPTER FOUR, "ZONING
REGULATIONS", OF THE LAND DEVELOPMENT REGULATIONS OF
THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING
SECTION 4.4.3, "SINGLE FAMILY RESIDENTIAL (R-1 )
DISTRICTS", SECTION 4.4,5, "LOW DENSITY RESIDENTIAL
(RL) DISTRICT" , SECTION 4,4.6, "MEDIUM DENSITY
RESIDENTIAL (RM) DISTRICT" , AND SECTION 4.4,7,
"PLANNED RESIDENTIAL DEVELOPMENT (PRD) DISTRICT" , BY
ENACTING HEIGHT AND SIZE LIMITATIONS FOR ACCESSORY
STRUCTURES¡ AMENDING SECTION 4.4,5, "LOW DENSITY
RESIDENTIAL (RL) DISTRICT" , AND SECTION 4.4.6,
"MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT" , BY
DELE~ING GUEST COTTAGES AS PERMITTED ACCESSORY USES¡
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE,
AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and
Zoning Board reviewed the subject matter at its meeting of June 20,
1994, and has forwarded the change with a recommendation of approval
by a vote of 5 to 1¡ and
I
WHEREAS, pursuant to Florida Statute 163.3174(4) (c), the
Planning and Zoning Board, sitting as the Local Planning Agency, has
determined that the change is consistent with, and furthers the
objectives and policies of, the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DEL RAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter Four, "Zoning Regulations", Article
4,4, "Base Zoning District", Section 4,4.3, "Single Family Residential
(R-1 ) Districts, of the Land Development Regulations of the City of
Delray Beach, Florida, be, and the same is hereby amended by adding
subsection 4.4.3(H), "Special Regulations", to read as follows:
lHl Special Requlations:
I
I
ill The heiqht of accessory structures shall not
exceed the heiqht of the associated principal structure. Screen
enclosures without a solid roof are excluded from this limit,
ill The floor area of an accessory structure shall not
exceed forty percent (40%) of the floor area of the principal
structure,
I
I
I
I Section 2. That Chapter Four, "Zoning Regulations", Article
I 4.4, "Base Zoning District" , Section 4.4.5, "Low Density Residential
(RL) District", Subsection 4.4.5(C), "Accessory Uses and Structures
permi tted" , of the Land Development Regulations of the City of Delray
I Beach, Florida, be, and the same is hereby amended to read as follows:
I
(C) Accessory Uses and Structures Permitted: The following
uses are allowed when a part of, or accessory to, the principal use:
(1) Uses and structures normally associated with
residences such as: bird aviaries, boat docks, dog houses and dog
runs, garages, greenhouses, W14Øøt /Øøtt;'WØØ¡ /playhouses, pool houses
and covers, pump houses, slat houses, storage sheds, tennis courts,
workshops, and home occupations,
(2 ) Family Day Care pursuant to restrictions set forth
in Section 4.3,3(T) (Child care, up to five children)
( 3 ) Home Occupations
(4 ) Recreational facilities attendant to a subdivision
which are operated under a bonafide homeowners association such as:
tennis courts, swimming pools, exercise area, clubhouse, and private
golf courses,
I (5 ) The rental or lease of a boat dock when the dock
is assigned to, or on the same lot as, each residential use on a
one-to-one basis,
I
ti.l Guest cottaqes. only when accessory to a sinqle
family detached structure.
Section 3, That Chapter Four, "Zoning Regulations", Article
4,4, "Base Zoning District", Section 4.4.5, "Low Dens i ty Residential
(RL) District", Subsection 4.4.5(H), "Special Regulations", of the
I Land Development Regulations of the City of Delray Beach, Florida, be,
I
! and the same is hereby amended by adding the following:
I ill The heiqht of accessory structures shall not
exceed the heiqht of the associated principal structure. Screen
enclosure~ without a solid roof are excluded from this limit.
l.il The floor area of an accessory structure shall not
exceed forty percent (40%) of the floor area of the principal
structure.
- 2 - Ord, No. 77-94
,
.
. r
,
I Section 4. That Chapter Four, "Zoning Regulations", Article
I I
I 4.4, "Base Zoning District", Section 4.4,6, "Medium Density
Residential (RM) District" , Subsection 4.4.6(C), "Accessory Uses and
I Structures Permitted", of the Land Development Regulations of the City I
I
I of Delray Beach, Florida, be, and the same is hereby amended to read I
I as follows: I
Î I
!
¡ (C) Accessory Uses and Structures peraitted: The following
I
i uses are allowed when a part of, or accessory to, the principal use:
I
i (1) and normally associated with I
I Uses structures
residences such as: bird aviaries, boat docks, dog houses and dog I
I runs, garages, greenhouses, WJ4øøt /ØØtt;íwØø¡ /playhouses, pool houses
and covers, pump houses, slat houses, storage sheds, tennis courts,
workshops, swimming pools, and home occupations.
(2 ) Family Day Care pursuant to restrictions set forth
in Section 4,3,3(T) (Child care, up to five children)
(3) Recreational facilities attendant to a subdivision
which is operated under a bonafide homeowners association such as:
tennis courts, swimming pools, exercise area, clubhouse, and private
golf courses,
(4 ) The rental or lease of a boat dock when the dock
is assigned to, or on the same lot as, each residential use on a
one-to-one basis.
ill Guest cottages. only when accessory to a single
family detached structure.
I Section 5, That Chapter Four, "Zoning Regulations", Article
4.4, "Base Zoning District", Section 4.4.6, "Medium Density
I Residential (RM) District II, Subsection 4.4.6(H), "Special
I
I Regulations", of the Land Development Regulations of the City of
I
I Delray Beach, Florida, be, and the same is hereby amended by adding
I
the following:
.ill The heiqht of accessory structures shall not
exceed the height of the associated principal structure. Screen
enclosures without a solid roof are excluded from this limit.
ill The floor area of an accessory structure shall not
exceed forty percent (40%) of the floor area of the principal
structure.
- 3 - Ord. No. 77-94
.
¡
Section 6, That Chapter Four, "Zoning Regulations", Article
4.4, "Base Zoning District", Section 4.4.7, "Planned Residential
Development (PRD) District" , Subsection 4.4,7(H), "Special
I Regulations", of the Land Development Regulations of the City of
Delray Beach, Florida, be, and the same is hereby amended by adding
the following:
ill The height of accessory structures shall not
exceed the height of the associated principal structure. Screen
enclosures without a solid roof are excluded from this limit.
ill.. The floor area of an accessory structure shall not
exceed forty percent (40%) of the floor area of the principal I
I
structure. !
Section 7 , That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed,
Section 8, That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid,
Section 9. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the 18th day of October , 1994.
~~
ATTEST: / M A y¿r,
! () L ~ro1~l'_kÁflJ. ¡'¡aJi¡¡
City C rk
First Reading September 27, 1994
Second Rea.ding October 18, 1994
- 4 - Ord. No. 77-94
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£%1
I
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID ITY MANA~
FROM: DIANE DOMINGUEZ,.r W~
DIRECTOR OF PLANNING & ONI J ~
SUBJECT: MEETING OF SEPTEMBER 27, 1994
LDR AMENDMENT PROVIDING LIMITATIONS ON THE SIZE
OF ACCESSORY STRUCTURES IN RESIDENTIAL ZONING
DISTRICTS
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of an amendment to various sections of the LDRs,
adding height and size limitations for accessory structures
in residential zoning districts; and deleting "guest
cottage" as a permitted use in multi-family zoning
districts.
The specific LDR sections that are to be amended are as
follows: 4.4.3(H) Sinqle Family Residential (R-1)
District, 4.4.5(C) and (H) Low Density Residential (RL)
District, 4.4.6(C) and (H) Medium Density Residential (RM)
District, and 4.4.7(H) Planned Residential Development
(PRD) District.
B A C K G R 0 U N D:
This amendment was initiated in response to concerns that were
raised following the construction of a 35' tall tower structure
as accessory to a 15' high single family home in the Lake Ida
neighborhood. Current LDR requirements provide no limitations
on the size and height of accessory structures. It was felt
that it would be appropriate to adopt some regulations on the
size of accessory structures located in residential
neighbórhoods.
The second aspect of the amendment, regarding guest cottages in
multi-family zone districts, was identified by staff as an item
that had caused so~e problems in the past. Changes to those
regulations were included in this amendment as well. Additional
background information is included in the attached Planning and
Zoning Board staff ~eport.
,
I
City Commission Documentation
LDR Amendment Providing Limitations on the Size of
Accessory Structures in Residential Zoning Districts
Page 2
PROPOSED LDR AMENDMENT
The proposed language would limit the height of accessory
structures in the R-1, RL, RM, and PRD zoning districts to the
height of the principal building, and would limit the
structures' square footage to no more than 40% of the floor area
of the main building. These limitations will provide some
relationship between the sizes of the principal and accessory
structures, and will help to ensure that the scale of accessory
structures is appropriate.
Regarding guest cottages, the amendment is intended to prevent
the construction of guest cottages as an accessory use to
multi-family structures, which could easily lead to their use as
additional rental units.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board first reviewed this item at its
meeting of May 16, 1994. During the discussion at the May
meeting, several Board members expressed concerns over the
proposed size limitations. They felt that the tower was an
isolated situation, and that amending the code was an
over-reaction. During the public hearing, the president of the
Lake Ida Homeowners Association spoke in favor of having some
means of regulating these types of structures. The Board voted
to continue the item in order to allow for consideration of
alternative ideas.
The proposed amendment was discussed further at the Planning and
Zoning Board workshop meeting of June 13, 1994, with no
consensus on revised language. At the meeting of June 20, 1994,
the Board voted 5-1 (Golder dissenting) to recommend that the
amendment be approved as written.
RECOMMEND E D ACT ION:
By motion, approve the ordinance adopting amendments to Sections
4.4.3(H)¡ 4.4.5(C) and (H) ¡ 4.4.6(C) and (H) ¡ and 4.4.7(H), as
provided in the attached Planning and Zoning Board Memorandum
Staff Report of May 16, 1994.
Attachment:
* P&Z Staff Report & Documentation of May 16, 1994
TtCCACCSTR.DOC
,
PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
MEETING OF: MAY 16, 1994
AGENDA ITEM: IIIoD. LDR AMENDMENT TO SECTIONS 4.4.3(H),
4.4.5(H), 4.4.5(C), 4.4.6(C), 4.4.6(H),
4.4.7(C), and 4.4.7(H) MODIFYING REQUIREMENTS
FOR ACCESSORY STRUCTURES.
ITEM BEFORE THE BOARD:
The action requested of the Board is making a recommendation on
proposed text amendments to the following Sections of the LDRs:
4.4.3(H), 4.4.5(C) and (H) , 4.4.6(C) and (H) , and 4.4.7(C) and
(H) , adding height and size limits for accessory structures in
residential zoning districts and deleting guest cottages as
permitted accessory uses in multiple family zoning districts.
BACKGROUND:
Per current LDR requirements, accessory structures in residential
zoning districts can be built to a maximum of 35 feet in height,
with no size limit. Pursuant to these requirements a resident
applied for and received building permits for the construction of a
35' tall, 356 square foot tower as an accessory structure for an
approximately 15' tall, 2,660 square foot house. The tower is
approaching completion. The structure is to contain a pool house
and workshop, both of which are permitted accessory uses in single
family districts.
The construction of the tower raised concerns regarding the
compatibility of this or similar structures with adjacent
properties. Residents of the Lake Ida neighborhood have asked the
City to consider possible restrictions to the size and height of
accessory structures to ensure compatibility. In response to those
concerns, the City Commission and City Manager have directed
planning staff and the Board to review the possibility of LDR
restrictions for accessory structures.
In response to that direction, planning staff surveyed nearby
communities about their methods for regulating accessory structures.
Based on a review of various methods used by other municipalities,
there are several types of regulation which can be used to address
accessorý structures:
1. Status quo - Adopt no regulations specifically addressing
accessory structures. Accessory structures are only
required to meet the same district requirements as
principal structures.
2. Make existing regulations stricter - Do not adopt specific
regulations for accessory structures, but reduce the
height limit and/or increase setbacks.
.
·
P & Z Memorandum Staff Report
LDR Text Amendment - Accessory Structures
Page 2
3. Accessory structure Regulations - Adopt specific limits
restricting the height and/or size of accessory
structures, e.g. a 15' height limit, a maximum floor area
of 700 square feet, or similar restrictions.
4. Tie Accessory Structures to principal Structures - Adopt
regulations restricting accessory structures to the height
and/or a percentage of the floor area of the associated
principal structure.
PROPOSED TEXT AMENDMENT:
As the intent of the proposed text amendment is to insure the
compatibility of accessory structures with the surrounding area, the
most appropriate method of regulation is to restrict accessory
structures by relating them to the principal structure. The
proposed regulation would limit the height of accessory structures
to the height of the existing structure. Additionally, accessory
structures would be limited to a maximum of 40% of the floor area of
the main structure. Screen enclosures may be excluded from this
regulation, as they will often exceed the height of the main
structure without visually impacting adjacent properties.
These regulations would help to ensure that accessory structures
will be in scale with the principal structure, and that the
compatibility of accessory structures with the neighborhood will be
maintained.
During the review of these text amendments, staff discovered a
related code provision for which a text amendment would be
appropriate. This provision deals with guest cottages.
A guest cottage is most appropriate as an accessory structure to a
single family residence. However, guest cottages are also permitted
accessory structures in multi-family districts. In the past, this
requirement has permitted the addition of guest cottages to
multi-family structures which are not accessory to any one
particular unit. These cottages can in effect be used as additional
rental units. For that reason guest cottages should be deleted
from the multiple family zoning districts, except where accessory to
a single family residence.
RECOMMENDED ACTION:
Recommend approval of a text amendments to the following LDR
Sections as follows:
Section 4.4.3 Single Family Residential (R-l) Districts:
(H) Special Regulations:
,
.
P & Z Memorandum Staff Report
LDR Text Amendment - Accessory Structures
Page 3
( 1) The height of accessory structures shall not exceed the
height of the associated principal structure. Screen enclosures
without a solid roof are excluded from this limit.
( 2) The floor area of an accessory structure shall not exceed
40% of the floor area of the principal structure.
...................
4.4.5 Low Density Residential (RL) District:
(C) Accessory Uses and Structures Permitted:
( 1) Uses and structures normally associated with residences
such as: bird aviaries, boat docks, dog houses and dog runs,
garages, greenhouses, ~)Íélltt tøtti~éllt/playhouses, pool houses and
covers, pump houses, slat houses, storage sheds, tennis courts,
workshops, and home occupations.
( 6) Guest cottages, only when accessory to a single family
detached structure.
(H) Special Regulations:
( 3 ) The height of accessory structures shall not exceed the
height of the associated principal structure. Screen enclosures
without a solid roof are excluded from this limit.
( 4 ) The floor area of an accessory structure shall not exceed
40% of the floor area of the principal structure.
...................
4.4.6 Medium Density Residential (RM) District:
(C) Accessory Uses and Structures Permitted:
(1) Uses and structures normally associated with residences
such as: bird aviaries, boat docks, dog houses and dog runs,
garages, greenhouses, ~)Íélltt tøtti~éllt/playhouses, pool houses and
covers, pump houses, slat houses, storage sheds, tennis courts,
workshops, swimming pools, and home occupations.
(5) Guest cottages, onl y when accessory to a single family
detached structure.
(H) Special Regulations:
(4) The height .of accessory structures shall not exceed the
height of the associated principal structure. Screen enclosures
without a solid roof are excluded from this limit.
.
P & Z Memorandum Staff Report
LDR Text Amendment - Accessory Structures
Page 4
(5) The floor area of an accessory structure shall not exceed
40% of the floor area of the principal structure.
...................
4.4.7 Planned Residential Development (PRD) District:
(H) Special Regulations:
(3) The height of accessory structures shall not exceed the
height of the associated principal structure. Screen enclosures
without a solid roof are excluded from this limit.
(4) The floor area of an accessory structure shall not exceed
40% of the floor area of the principal structure.
Prepared by: Jeff Perkins, Assistant Planner
Reviewed by DD on:
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.
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~ITY MANAGER
SUBJECT: AGENDA ITEM # 10;) - ME~'rING OF Ðm.'OBUll. 1994t'
SøeoMO RBADYRG/PUBLIC HBA~ING POR ORDI~.øe. 78-9:4"
DATE: OCTOBER 12, 1994
This is second reading and public hearing for Ordinance No. 78-94
which amends Section 4.1.4, IIUse of Lots of Record II , of the Land
Development Regulations to require that when adjacent substandard
lots are in common ownership, and the combining of the lots would
result in a parcel which meets minimum standards regarding area and
frontage, the lots must be developed in accordance with those
standards, Ownership is determined from the Property Appraiser's
tax rolls as of the date of passage of this ordinance. Please
refer to the staff documentation for an analysis of the proposed
amendment,
The Planning and Zoning Board formally reviewed this amendment on
May 16, 1994, and voted 6 to 1 (Currie dissenting) to recommend
that it be adopted. At first reading on September 27, 1994, the
Commission passed the ordinance by unanimous vote.
Recommend approval of Ordinance No. 78-94 on second and final
reading.
p~ .5 - 0
ref:agmemo21
.
I
i
I ORDINANCE NO. 78-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF I
I DELRAY BEACH, FLORIDA, AMENDING SECTION 4.1.4, "USE
I OF LOTS OF RECORD" , OF THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, TO
PROVIDE THAT WHEN ADJACENT SUBSTANDARD LOTS ARE IN
COMMON OWNERSHIP AND, WHEN COMBINED, MEET MINIMUM
STANDARDS FOR AREA AND FRONTAGE, THE LOTS MUST BE
DEVELOPED IN ACCORDANCE WITH THOSE STANDARDS IN
RESIDENTIAL ZONING DISTRICTS OTHER THAN R-1-A (SINGLE
FAMILY) DISTRICT; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and
Zoning Board reviewed the subject matter at its meeting of May 16,
1994, and has forwarded the change with a recommendation of approval
I by a vote of 6 to 1; and
WHEREAS, pursuant to Florida Statute 163.3174(4) (c), the
Planning and Zoning Board, sitting as the Local Planning Agency, has
determined that the change is consistent with, and furthers the I
objectives and policies of, the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter Four, "Zoning Regulations", Article
4, 1, "Establishment of Districts and Official Zoning Map", Section
4.1.4, "Use of Lots of Record", of the Land Development Regulations of
the City of Delray Beach, Florida, be, and the same is hereby amended
to read as follows:
Section 4.1.4 Use of Lots of Record: Any lot, or parcel, of record
which qualifies as a lot of record as set forth in these Regulations,
but which does not comply with respect to minimum lot area and minimum
lot dimensions specified for the zoning district in which it is
located, may nevertheless be used (for purposes as allowed in that
zoning district), as long as it complies with all other requirements
tøt QÍ that zoning district, ~tt~/t~Ø/tØ¡¡Ø~t~i/Ø~¢Ø;ttØ~.1 subject to
the following limitations:
(A) Duplex and multiple family structures may not be
constructed on a lot which has an area øt less than that provided for
as the minimum lot area within the zoning district.
I
.
.
I (B) A residential structure shall not be constructed on any
lot, within a residential zoning district;t, which has ;. frontage of
less than fifty feet (50 I ) , However, neither this provision, nor any
other provision of these regulations, shall prevent construction of a
residential structure on a Single Family Lot (or Parcel) of Record
which conforms with all other aspects of minimum lot size requirements I
but which has no frontage. Further, such a Lot of Record with no I
suitable access may achieve private access for a single family
residence and similar uses by means of a nonpublic (private) access I
I
easement. I
.LC.l In residential zoninq districts other than R-I-A. if I
two (2 ) or more adjoininq lots (or combination of lots and portions of I
lots) of record are under the same ownership at the time of passaqe or
amendment of this ordinance. and if the total frontaqe and the total
area is equal to or qreater than that which is required by the zoninq
district requlations. said property shall not be develo'Ded except in
accordance with the minimum frontaqe and lot area requirements of the
district. OWnership shall be determined by the property tax rolls on
file in the Palm Beach County Property Appraiser1s Office as of the
effective date of this ordinance.
Section 2. That all ordinances parts of ordinances in I
or I
conflict herewith be, and the same are hereby repealed.
Section 3. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 4. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the 18th day of oct~~
MAY
ArhST: k /Ir;
iLvmV/P/'¿ llr f~
City Cl rk
First Reading September 27, 1994
Second Reading October 18, 1994
- 2 - Ord. No, 78-94 I
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of{
D>'1
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID
,
FROM: DIANE DOMINGUEZ, J~
DIRECTOR OF PLANNING & ZONING
SUBJECT: MEETING OF SEPTEMBER 27, 1994
AMENDMENT TO LDR SECTION 4.1.4 REGARDING THE USE OF
NONCONFORMING LOTS OF RECORD.
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of an amendment to LDR Section 4.1.4, Uses of Lots
of Record.
B A C K G R 0 U N D:
This amendment was initiated at the request of residents of the
Lake Ida area, in response to the construction of homes in that
neighborhood on lots which do not meet current minimum
standards. Under existing ordinances, a single family home can
be constructed on a substandard lot, provided that the parcel is
a lot of record, and has at least 50 feet of frontage. Even if
the same person owns adjacent substandard lots, and could meet
the minimum standards by developing the parcels as one, there is
no requirement that the lots be combined. This resulted in the
approval of three homes adjacent to each other on substandard
lots.
PROPOSED LDR AMENDMENT
The proposed ordinance would require that when adjacent
substandard lots are in common ownership, and the combining of
the lots would result in a parcel which meets minimum standards
regarding area and frontage, the lots must be developed in
accordance with those standards. Ownership is determined as of
the date of the passage of this ordinance.
PLANNING AND ZONING BOARD CONSIDERATION:
-
The Planning and Zoning Board formally reviewed this item at its
meeting of May 16, 1994. The Board voted 6-1 (Currie
dissenting) to recommend that the ordinance be adopted.
Pursuant to the Board's discussion on the item, the language in
the amendment was modified slightly to clarify that it is to
apply specifically to residential zoning districts.
,
City Commission Documentation
Amendment to LDR Section 4.1.4 Regarding
the Use of Nonconforming Lots of Record
Page 2
R E COM MEN D E D ACT ION:
By motion, approve the proposed amendment to LDR Section 4.1.4,
Uses of Lots of Record.
Attachment:
* Proposed amendment
* P&Z Staff Report & Documentation of May 16, 1994
T:CCLOTRI!:C.DOC
.
,
Section 4.1.4 Use of Lots of Record: Any lot, or parcel, of
record which qualifies as a lot of record as set forth in these
regulations, but which does not comply with respect to minimum
lot area and minimum lot dimensions specified for the zoning
district in which it is located, may nevertheless be used (for
purposes as allowed in that zoning district), as long as it
complies with all other requirements tøt of that zoning
district, wItH tHé tølløwlri~ éttéptIørillt/ sub1ect to the
following limitations:
(A) Duplex and multiple family structures may not be
constructed on a lot which has an area øt less than that
provided for as the minimum lot area within the zoning district.
(B) A residential structure shall not be constructed on
any lot, within a residential zoning districtllt, which has á
frontage of less than fifty feet (50'). However, neither this
provision, nor any other provision of these regulations, shall
prevent construction of a residential structure on a Single
Family Lot (or Parcel) of Record which conforms with all other
aspects of minimum lot size requirements but which has no
frontage. Further, such a Lot of Record with no suitable access
may achieve private access for a single family residence and
similar uses by means of a nonpublic (private) access easement.
( C) In residential zoning districts other than R-I-A, if
two (2) or more ad10ining lots (or combination of lots and
portions of lots) of record are under the same ownership at the
time of passage or amendment of this ordinance, and if the total
frontage and the total area is equal to or greater than that
which is required by the zoning district regulations, said
property shall not be developed except in accordance with the
mininum frontage and lot årea requirements of the district.
Ownership shall be determined by the property tax rolls on file
in the Palm Beach County Property Appraiser's Office as of the
effective date of this ordinance.
TINCLOTS.DOC
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PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
MEETING OF: MAY 16, 1994
AGENDA ITEM: V.D. LDR AMENDMENT TO SECTION 4.1.4, USES OF
LOTS OF RECORD
ITEM BEFORE THE BOARD:
The item before the Board is that of recommending to the
City Commission approval of an amendment to the LDRs
concerning the use of nonconforming lots of record.
BACKGROUND:
This LOR amendment was initiated by the Board at its meeting of
March 16, 1994, in response to concerns raised by residents of
the Lake Ida neighborhood. Building permits were issued for the
construction of three homes on platted lots which do not meet
current minimum standards for frontage and lot area. As a
result, the homes are not consistent with the general character
of the neighborhood.
LDR Section 4.1.4, Use of Lots of Record, allows for the use,of
lots of record which do not meet current minimums, subject to
certain criteria. A home may be constructed on a substandard
platted lot, provided that it has at least 50 feet of frontage.
There is no requirement that adjacent lots that are in common
'ownership be combined in order to meet the minimum standards.
The lots in the Lake Ida neighborhood are owned by the same
person. If the City had regulations which required that the
lots be developed in a manner which complies with current codes,
only one house could have been built on the combined properties.
Alternatively, the owner could have applied for a replat of the
property to create two lots, one of which would not meet minimum
frontage requirements for a corner lot (creation of the
nonconforming lot would have required special permission by the
City Commission). Instead, three homes are being constructed.
Regulations which require the combining of commonly owned
substandard lots are not uncommon. The cities of Boynton Beach,
Stuart, and Highland Beach have such provisions in their codes.
Staff - reviewed those ordinances prior to drafting one -which
would fit within our existing regulations.
ANALYSIS:
The proposed amendment (copy attached) would continue to allow
for the use of substandard lots of record as currently
permitted, provided that the lots are in single ownership.
r,D,
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-
Planning and Zoning Board Staff Report
LDR Amendment Re: Nonconforming Lots of Record I , ,
Page 2
However, when substandard adjacent lots are under common
ownership, and the combining of the lots results in a parcel
which meets minimum frontage and minimum area requirements, then
those lots must be developed in accordance with those minimums.
OWnership would be that which is on record at the date that the
ordinance is passed.
The R-1-A zoning district has been specifically excluded from
this ordinance. The 60' minimum frontage required in the R-I-A
district is not significantly greater than the 50' minimum
required for development on substandard platted lots. Also, if
the restriction were to apply to R-l-A zoning, infill housing
opportunities would be reduced.
RECOMMENDED ACTION:
-
By motion, recommend to the City Commission approval of the
attached amendment to LDR Section 4.1.4, Use of Lots of Record.
Attachments:
* Proposed ordinance
Report prepared by Diane Dominguez
TIPZNC:r..oT.DOC
,
I
M E M 0 RAN D U M
TO: MAYOR AND CITY COMMISSIONERS
FROM: ,fCITY MANAGER
SUBJECT: AGENDA ITEM i /oK. .-: M~f.jTI~G Or~~l.~l'"
s...~ ·,......·I»ØItH(!· ~y1'fG POR· otm!lfANC!' ., ,... 19....9lte
DATE: OCTOBER 12, 1994
This is second reading and public hearing for Ordinance No. 79-94
which amends the Land Development Regulations to allow Educational
Facilities as a conditional use, and Home Tutorial Services as an
accessory use in the R-1 (Single Family Residential) Districts, RL
(Low Density Residential) District, and RM (Medium Density
Residential) District, It also enacts specific regulations for
these uses in the residential zoning districts.
The proposed amendment was requested by the City's Education Board
in order to accommodate certain types of educational facilities
that are currently not permitted in the residential zones. Please
refer to the staff documentation for an analysis of the amendment,
The Planning and Zoning Board formally reviewed this amendment on
September 19, 1994, and voted unanimously (7 - 0) to recommend that
it be adopted. At first reading on September 27, 1994, the
Commission passed the ordinance by unanimous vote.
Recommend approval of Ordinance No. 79-94 on second and final
reading.
p~ 5-0
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ref:agmemo25
,
I
ORDINANCE NO. 79-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER FOUR, II ZONING
REGULATIONS II , OF THE LAND DEVELOPMENT REGULATIONS OF
THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING
SECTION 4,4.3, II SINGLE FAMILY RESIDENTIAL (R-l )
DISTRICTS II, SECTION 4,4.5, II LOW DENSITY RESIDENTIAL
(RL) DISTRICTII , AND SECTION 4.4.6, IIMEDIUM DENSITY
RESIDENTIAL (RM) DISTRICT II , TO PROVIDE FOR
EDUCATIONAL FACILITIES AS A CONDITIONAL USE AND HOME
TUTORIAL SERVICES AS AN ACCESSORY USE WITHIN THE
DISTRICTS; AMENDING SECTION 4.3.3, II SPECIAL
REQUIREMENTS FOR SPECIFIC USES II , BY ENACTING
SUBSECTION (HH) TO PROVIDE SPECIAL REQUIREMENTS FOR
EDUCATIONAL FACILITIES, AND SUBSECTION (KK) TO
PROVIDE SPECIAL REQUIREMENTS FOR HOME TUTORIAL
SERVICES; PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and
Zoning Board reviewed the subject matter at its meeting of September
19, 1994, and has forwarded the change with a recommendation of
approval by unanimous vote; and
WHEREAS, pursuant to Florida Statute 163.3174(4) (c), the
Planning and Zoning Board, sitting as the Local Planning Agency, has
determined that the change is consistent with, and furthers the
objectives and policies of, the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter Four, IIZoning Regulationsll, Article
4.4, IIBase Zoning District", Section 4.4.3, "Single Family Residential
(R-l ) Districts", Subsection 4.4.3(C), IIAccessory Uses and Structures
Permi tted II , and Subsection 4.4.3(D), "Conditional Uses and Structures
Allowed" , of the Land Development Regulations of the City of Delray
Beach, Florida, be, and the same are hereby amended to read as
follows:
. (C) Accessory Uses and Structures Permitted: The following
uses are allowed when a part of, or accessory to, the principal use:
( 1 ) Uses and structures normally associated with
residences such as: bird aviaries, boat docks, dog houses and dog
runs, garages, greenhouses, guest cottages, playhouses, pool houses
and covers, pump houses, slat houses, storage sheds, tennis courts,
swimming pools, and workshops.
I
I
I
I
D ¡
II (2 ) Home occupations but only within the R-l-A, I
I I
R-l-AA, and R-l-AAB Districts. ¡
I
I ( 3 ) Family Day Care pursuant to restrictions set forth I
I
I in Section 4.3.3(T) (Child care, up to five children)
I .L.U Home Tutorial Services. subject to the
I
I restrictions set forth in Section 4,3.3(KK)
( ~~) Recreational facilities attendant to a subdivision
I which is operated under a bonafide homeowners association such as:
tennis courts, swimming pools, exercise area, clubhouse, and golf I
I courses.
I
I
01.6'> The rental or lease of a boat dock when the dock I
is assigned to, or on the same lot as each residential use on a
one-to-one basis.
(D) Conditional Uses and Structures Allowed: The following I
uses are allowed as conditional uses within the Single Family
Districts. I
(1) Child Care and Adult Day Care
(2 ) Churches, or places of worship, and their
attendant educational, nursery, Sunday school, recreational, and I
,
columbarium facilities. The foregoing does not allow establishment of I
educational and care uses such as elementary school and general day
care; however, such uses may be established by a separate conditional
use application for child care or rezoning to C,F., as appropriate.
ill Educational Facilities. subject to the
restrictions set forth in Section 4,3,3(HH)
( ~.i) The use of common recreational facilities such as
swimming pools and tennis courts, associated with a subdivision, for
club or commercial purposes,
(~~) Single Family Detached Residences in zero lot
developments but only in the R-l-A and R-l-AA Districts.
(,.6.) Level I Group Homes.
- 2 - Ord. No. 79-94
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I
" r
I
:1 Section 2, That Chapter Four, "Zoning Regulations", Article
I
4.4, "Base Zoning District \I , Section 4.4.5, "Low Dens i ty Residential 1
(RL) District" , Subsection 4.4.5(C), "Accessory Uses and Structures I
permi tted" , and Subsection 4.4,5(D), "Conditional Uses and Structures
I Allowed \I , of the Land Development Regulations of the City of Delray I
I
I Beach, Florida, be, and the same are hereby amended to read as I
follows:
I !
Accessory Uses and Structures Permitted: The following ì
I (C) i
I uses are allowed when a part of, or accessory to, the principal use:
( 1 ) Uses and structures normally associated with
residences such as: bird aviaries, boat docks, dog houses and dog
runs, garages, greenhouses, guest cottages, playhouses, pool houses
and covers, pump houses, slat houses, storage sheds, tennis courts, i
workshops, and home occupations. I
(2 ) Family Day Care pursuant to restrictions set forth
in Section 4.3,3(T) (Child care, up to five children)
.Lll Home Tutorial Services. subject to the
restrictions set forth in Section 4.3.3lKK)
($.!) Home Occupations ,
I
I
( ~2) Recreational facilities attendant to a subdivision
which are operated under a bonafide homeowners association such as:
tennis courts, swimming pools, exercise area, clubhouse, and private
golf courses.
( ',§J The rental or lease of a boat dock when the dock
is assigned to, or on the same lot as, each residential use on a
one-to-one basis,
I (D) Conditional Uses and Structures Allowed: The following
í uses are allowed as conditional uses within the RL District.
(1) Child Care and Adult Day Care
(2) Churches, or places of worship, and their
attendant . educational, nursery, Sunday school, recreational, and
columbarium facilities. The foregoing does not allow establishment of
educational and care uses such as elementary school and general day
care¡ however, such uses may be established by a separate conditional
use application for child care or rezoning to C.F., as appropriate.
- 3 - Ord. No, 79-94
I
·
, .1..ll Educational Facilities. subiect to the ¡-
restrictions set forth in Section 4.3,3(HH)
(pi) The use of common recreational facilities such as
I swimming pools, tennis courts, and golf courses (associated with a
! subdivision) for club or commercial purposes.
( ~.2) Single Family Detached Residences in zero lot
developments.
( ~ß.) Group Homes, Level II
Section 3. That Chapter Four, "Zoning Regulations", Article
4,4, "Base Zoning District" , Section 4,4.6, "Medium Density I
Residential (RM) District" , Subsection 4,4,6(C), "Accessory Uses and
Structures Permitted", and Subsection 4,4.6(D), "Conditional Uses and
Structures Allowed", of the Land Development Regulations of the City
of Delray Beach, Florida, be, and the same are hereby amended to read
as follows:
(C) Accessory Uses and Structures Permitted: The following I
uses are allowed when a part of, or accessory to, the principal use: I
I
I ( 1 ) Uses and structures normally associated with !
I
I
I residences such as: bird aviaries, boat docks, dog houses and dog
runs, garages, greenhouses, guest cottages, playhouses, pool houses
and covers, pump houses, slat houses, storage sheds, tennis courts,
workshops, swimming pools, and home occupations,
(2 ) Family Day Care pursuant to restrictions set forth
in Section 4.3.3(T) (Child care, up to five children)
.1..ll Home Tutorial Services. subject to the
restrictions set forth in Section 4,3.3(KK)
(p.4') Recreational facilities attendant to a subdivision
I which is operated under a bonafide homeowners association such as:
tennis courts, swimming pools, exercise area, clubhouse, and private
golf courses.
(~.2) The rental or lease of a boat dock when the dock
is assigned to, or on the same lot as, each residential use on a
one-to-one basis,
- 4 - Ord. No. 79-94
,
I
I (D) Conditional Uses and Structures Allowed: The following
¡ uses are allowed as conditional uses within the RM District,
(1) Adult Congregate Living Facilities and Continuing
Care Facilities
(2 ) Alcohol and Drug Abuse Treatment Facilities
( 3 ) Child Care and Adult Day Care
.ill Educational Facilities. subject to the
restrictions set forth in Section 4.3.3(HH)
( ~2) Churches, or places of worship, and their
attendant educational, nursery, Sunday school, recreational, and
columbarium facilities. The foregoing does not allow establishment of
educational and care uses such as elementary school and general day
care; however, such uses may be established by a separate conditional
use application for child care or rezoning to CF, as appropriate,
" ,6'> Convalescent Homes, Homes for the Aged, Nursing
Homes, and Rest Homes
( iSl'> The use of common recreational facilities such as
swimming pools, tennis courts, and golf courses (associated with a
subdivision) for club or commercial purposes.
( 7.ß.) Single Family Detached Residences in zero lot
developments
( ø.2.) Group Homes, Level III
.L.l.O..l I fJ Y Yacht Club with facilities
( lØ.l) Dock master facilities when associated with a
multi-family development which has a marina
Section. 4. That Chapter Four, "Zoning Regulations", Article
4.3, "District Regulations, General Provisions", Section 4 . 3 , 3 ,
"Special Requirements for Specific Uses II, of the Land Development
Regulatio~s of the City of Delray Beach, Florida, be, and the same is
hereby amended by enacting a new Subsection 4 . 3 . 3 ( HH) , "Educational
Facilities", to read as follows:
- 5 - Ord, No, 79-94
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iHHl Educational Facilities: For the purpose of this
section. educational facilities shall be of a limited nature serving I
children ages 2-18, Examples of such proqrams may include those which
meet special education needs. or proqrams that are directed toward
providinq intensive instruction to a limited number of students: but
does not include vocational or traininq schools which may be located
in various commercial or Community Facilities districts. i
ill Lot Area: The minimum lot area shall be 7.500
square feet,
.u.l. Floor Area: Facilities shall contain a minimum
floor area of 35 square feet per child. exclusive of space devoted to
bathrooms. halls. kitchen. offices. and storaqe,
i
ill Loading Area: A pickup and drQP-off area for I
children shall be provided in a convenient area adjacent to the I
buildinq and shall provide clear ingress and eqress to the building.
.Lil Outdoor Area: There shall be a minimum area of 75
square feet of outdoor play area per student. The play area shall be
located on the same lot as the principal use and shall not be located I
in the front yard setback. The play area shall be surrounded by a six I
foot fence,
ru.. Other Rec¡ulations: All Educational Facilities
shall comply with the American Disability Act (ADA). Standard Buildinq
Code. Fire Codes. and any other requlations as may be required.
Section 5. That Chapter Four, "Zoning Regulations", Article
4.3, "District Regulations, General Provisions", Section 4 , 3 . 3 ,
"Special Requirements for Specific Uses II, of the Land Development
Regulations of the City of Delray Beach, Florida, be, and the same is
hereby amended by enacting a new Subsection 4.3.3(KK), II Home Tutorial
Services II , to read as follows:
1KKl Home Tutorial Services:
ill Shall only be as an accessory use in a private
residence.
.u.l. Is limited to no more than five (5 ) students at
anyone time.
- 6 - Ord. No. 79-94
I
I
~ ¡-
ill ~~ ~r= ~ ~ ~ ~= ~~v~~~:
~~:~~e~~¡a~XCneee:9h~~ar~fo~cd ,VOI~:S ~::~ ~Oo~ld p~~~~~~IY c¡~:e::~:~t~~ i~h:
operation of such Home Tutorial Service shall be met off the street
and other than in the required front setback,
.L.4.l Home Tutorial Services shall not occupy more than
twenty percent (20%) of the first floor area of the residence.
excluding the area of any open porch. attached garage. or similar
space which is not suited or intended for occupancy as livinc¡
quarters.
Section 6. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 7. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the valid! ty of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 8. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the 18th day of OC~ . 1994.
ATTEST: '~MA~
01ÚJ£rr¡'i7J:!.f' ,H./J p fir; 1"ix¡
City CI rk
First Reading September 27, 1994
Second Reading October 18, 1994
- 7 - Ord. No. 79-94
.
·
Of(
f!i1
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDEN, CITY MANAGER
THRU: DIANE DOMINGUEZ,
DIRECTOR OF PLANNING & ZONING
FROM: ~,~ER
SUBJECT: MEETING OF SEPTEMBER 27, 1994
LDR AMENDMENT TO ALLOW EDUCATIONAL FACILITIES AS A
CONDITIONAL USE, AND HOME TUTORIAL SERVICES AS AN
ACCESSORY USE, IN THE R-l, RL, AND RM RESIDENTIAL
ZONING DISTRICTS
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval on first reading of an Ordinance amending the LDRs
to allow Educational Facilities as a conditional use, and
Home Tutorial Services as an accessory use in the R-l
(Single Family Residential), RL (Low Density Residential),
and RM (Medium Density Residential) zone districts, and
also add related provisions to Section 4.3.3 Special
Requirements for Specific Uses.
B A C K G R 0 U N D:
This amendment was requested by the City's Education Board in
order to accommodate certain types of educational facilities
that are currently not permitted in residential zoning
districts. At the Educational Board's request, the Planning and
Zoning Board initiated the amendment.
PROPOSED LDR AMENDMENT
This amendment will allow home tutoring of up to five (5 )
students at a time as an accessory use in residential zoning
distriéts. It would also permit limited types of educational
facilities as a conditional use in those same districts. Both
types of programs would be subject to certain restrictions that
are intended to limit their potential impact on a neighborhood.
The full amendment, along with additional background and
analysis, is described in the attached Planning and Zoning Staff
report.
,
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at its
meeting of September 19, 1994. The Board unanimously approved
the amendment to allow Educational Facilities as a conditional
use, and Home Tutorial Services as an accessory use in the R-1,
RL, and RM residential zoning districts with related provisions
to be added to Section 4.3.3 Special Requirements for Specific
Uses on a 7-0 vote.
R E COM MEN D E D ACT ION:
By motion, approve on the first reading of an ordinance
amending the LDRs to allow Educational Facilities as a
conditional use, and Home Tutorial Services as an accessory use
in the R-l, RL, and RM residential zone districts, and the
addition of related Sections 4.3.3(HH), and 4.3.3(KK).
Attachment:
* P&Z Staff Report & Documentation of September 19, 1994
* Proposed Text Amendments
I
·
PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
MEETING OF: SEPTEMBER 19, 1994
AGENDA ITEM: VI.B. LDR AMENDMENT TO ALLOW EDUCATIONAL
FACILITIES AS A CONDITIONAL USE, AND HOME
TUTORIAL SERVICES (UP TO FIVE STUDENTS) AS AN
ACCESSORY USE IN THE R-1, RL AND RM RESIDENTIAL
ZONING DISTRICTS
ITEM BEFORE THE BOARD:
The item before the Board is that of making a
recommendation to the city Commission regarding an
amendment to the LDRs that would allow educational
facilities as a conditional use, and home tutorial services
( up to five students) as an accessory use in the R-1, RL
and RM residential zoning districts, and also add related
provisions to Section 4.3.3(HH), and 4.3.3(KK).
BACKGROUND:
This amendment has been requested by the City's Education Board.
Schools are currently not listed as a permitted or conditional
use in any of the City's residential zoning districts. At the
time that the request was made, there were at least two
educational facilities in the City that were located in
residential zoning districts, without having been legally
established. One facility involves home tutorial services, and
the other facility which has since relocated, involved children
with special or alternative educational needs. Both are
relatively small operations involving small properties or
portions of a building, and appear to have had little impact on
the surrounding neighborhoods. The Education Board supports
these types of facilities in residential areas, and is seeking a
means of bringing these uses into compliance with the LDRs.
At its meeting of July 18, 1994, the Planning and Zoning Board
initiated an amendment to the LDRs to allow limited educational
facilities as a conditional use in residential zoning districts.
ANALYSIS:
Child 'Care, Family Day Care and Churches with attendant
Educational, Nursery and Sunday Schools are currently allowed as
conditional uses in the R-1, RL, and RM zoning districts
pursuant to requirements set forth in LDR Section 4.3.3.
However, more formal educational facilities having similar
intensities are allowed only as conditional uses within the CF
(Community Facilities) zoning district. In some instances it·
would not be practical or desirable to rezone a property to CF
to accommodate an educational program.
,
·
P&Z Staff Report
Text Amendment to Residential Zone Districts
Page 2
This amendment would allow educational facilities of a limited
nature as a Conditional Use in residential zoning districts. The
types of educational facilities this amendment is intended to
address are those that are relatively small privately run
operations. They may be geared toward providing more intensive
instruction to children with special needs, or those who desire
additional instruction. Larger private and public facilities
are and would continue to be established through rezonings to
CF, and a Conditional Use approval.
Private schools are not regulated by the State or HRS, as are
Public Schools, Child Care and Adult Day care. Thus, some
limitations on the intensity of the use should be provided
through provisions found in LDR Section 4.3.3 Special
Requirements for Specific Uses. These requirements would
provide for a minimum lot area, floor area, outdoor area,
loading area and other regulations as may be required by the
American Disabilities Act ( ADA) , Standard Building Codes, and
Fire Codes.
Another type of educational facility to be accommodated by this
amendment involves home tutorial services with more than one
student at a time. Under existing ordinances, instruction of up
to one student at a time is permitted as a Home Occupation.
There are no special provisions relating to group instruction.
Currently, Child Care and Family Day Care (up to five children)
are allowed as an accessory use to a private residence with some
restrictions set forth in Section 4.3.3. As home tutorial
services are similar to the intensity of these uses, it would
appear appropriate to also allow home tutorial services with a
limit of 5 students at one time as an accessory use in the home,
subject to certain restrictions. Home tutorial services with
more than 5 children would be considered an educational
facility, which would then require conditional use approval.
The attached LDR pages include language additions which include
home tutorial as an accessory use in a private residence,
limited to five students at one time provided that no traffic be
generated in greater volumes than would normally be expected in
a residential neighborhood, and that the use will not occupy
more than 20% of first floor area of the residence.
RECOMMENDED ACTION:
By motion, recommend adoption of the attached amendments to
Section 4.4.3 R-l, Section 4.4.5 RL, Section 4.4.6 RM residential
zoning districts, and the addition of Section 4.3.3(HH)
Educational Facilities, and Section 4.3.3(KK) Home Tutorial.
Attachments:
* Proposed LDR Amendments
Report prepared by: Janet Meeks, Senior Planner
Report reviewed by: Diane Dominquez, Director of Planninq
,
·
P&Z Staff Report
Text Amendment to Residential Zone Districts
Page 3
LIMITED EDUCATIONAL FACILITIES IN RESIDENTIAL ZONING DISTRICTS
Amendments to the following provisions:
Section 4.4.3 Single Family Residential (R-l) Districts:
(C) Accessory Uses and Structures Permitted: The following
uses are allowed when a part of, or accessory to, the principal
use:
( 1) Uses and structures normally associated with
residences such as: bird aviaries, boat docks, dog houses and dog
runs, garages, greenhouses, guest cottages, playhouses, pool
houses and covers, pump houses, slat houses, storage sheds,
tennis courts, swimming pools, and workshops.
(2) Home occupations but only within the R-l-A,
R-l-AA, and R-l-AAB Districts.
(3) Family Day Care pursuant to restrictions set forth
in Section 4.3.3(T) (Child care, up to five children)
( 4) Home Tutorial Services sub1ect to the
restrictions set forth in Section 4.3.3(KK)
(4 1 ill Recreational facilities attendant to a
subdivision which is operated under a bonafide homeowners
association such as: tennis courts, swimming pools, exercise
~rea, clubhouse, and golf courses.
(SlID The rental or lease of a boat dock when the
dock is assigned to, or on the same lot as each residential use
on a one~to-one basis.
( D) Conditional Uses and Structures Allowed: The following
uses are allowed as conditional uses within the Single Family
Districts.
(1) Child Care and Adult Day Care
(2) Churches, or places of worship, and their
attendant educational, nursery, Sunday school, recreational, and
columbarium facilities. The foregoing does not allow
establishment of educational and care uses such as elementary
school' and general day care; however, such uses may be
established by a separate conditional use application for child
care or rezoning to C.F., as appropriate.
(3) Educational Facilities sub1ect to the
restrictions set forth in Section 4.3.3(HH).
(31ill The use of common recreational facilities such
,
P&Z Staff Report
Text Amendment to Residential Zone Districts
Page 4
as swimming pools and tennis courts, associated
with a subdivision, for club or commercial
purposes.
(I 1 ill Single Family Detached Residences in zero lot
developments but only in the R-1-A and R-1-AA Districts.
(!lill Level I Group Homes.
Section 4.4.5 Low Density Residential (RL) District:
(C) Accessory Uses and Structures Permitted: The following
uses are allowed when a part of, or accessory to, the principal use:
( 1) Uses and structures normally associated with
residences such as: bird aviaries, boat docks, dog houses and dog
runs, garages, greenhouses, guest cottages, playhouses, pool
houses and covers, pump houses, slat houses, storage sheds,
tennis courts, workshops, and home occupations.
(2 ) Family Day Care pursuant to restrictions set forth
in Section 4.3.3{T) (Child care, up to five children)
(3) Home Tutorial Services subject to the
restrictions set forth in Section 4.3.3(KK)
(311!l Home occupations.
(I 1 ill Recreational facilities attendant to a
subdivision which are operated under a bonafide homeowners
association such as: tennis courts, swimming pools, exercise
area, clubhouse, and private golf courses.
(!lill The rental or lease of a boat dock when the
dock is assigned to, or on the same lot as, each residential use
on a one-to-one basis.
(D) Conditional Uses and Structures Allowed: The following
uses are allowed as conditional uses within the RL District.
(1) Child Care and Adult Day Care
(2) Churches, or places of worship, and their attendant
educational, nursery, Sunday school, recreational, and columbarium
facilities. The foregoing does not allow establishment of
educational and care uses such as elementary school and general day
care; however, such uses may be established by a separate
conditional use application for child care or rezoning to C.F. as
appropriate.
(3) Educational Facilities subject to the
restrictions set forth in Section 4.3.3(HH).
,
P&Z Staff Report
Text Amendment to Residential Zone Districts
Page 5
(31ill The use of common recreational facilities such
as swimming pools, tennis courts, and golf courses (associated
with a subdivision) for club or commercial purposes.
(I 1 ill Single Family Detached Residences in zero lot
developments.
(SlID Group Homes, Level II.
Section 4.4.6 Medium Density Residential (RM) District:
(C) Accessory Uses and Structures Permitted: The following
uses are allowed when a part of, or accessory to, the principal use:
( l) Uses and structures normally associated with
residences such as: bird aviaries, boat docks, dog houses and dog
runs, garages, greenhouses, guest cottages, playhouses, pool
houses and covers, pump houses, slat houses, storage sheds,
tennis courts, workshops, swimming pools, and home occupations.
(2) Family Day Care pursuant to restrictions set forth
in Section 4.3.3(T) (Child care, up to five children)
( 3 ) Home Tutorial Services subject to the
restrictions set forth in Section 4.3.3(KK)
(31ill Recreational facilities attendant to a
subdivision which is operated under a bonafide homeowners
association such as: tennis courts, swimming pools, exercise
area, clubhouse, and private golf courses.
('lill The rental or lease of a boat dock when the
dock is assigned to, or on the same lot as, each residential use
on a one-to-one basis.
(D) Conditional Uses and Structures Allowed: The following
uses are allowed as conditional uses within the RM District.
( l) Adult Congregate Living Facilities and Continuing
Care Facilities
(2) Alcohol and Drug Abuse Treatment Facilities
(3) Child Care and Adult Day Care
(4) Educational Facilities subject to the
restrictions set forth in Section 4.3.3(HH).
('lill Churches, or places of worship, and their
attendant educational, nursery, Sunday school, recreational, and
,
P&Z Staff Report
Text Amendment to Residential Zone Districts
Page 6
columbarium facilities. The foregoing does not allow
establishment of educational and care uses such as elementary
school and general day care; however, such uses may be
established by a separate conditional use application for child
care or rezoning to CF, as appropriate.
(111&1 Convalescent Homes, Homes for the Aged,
Nursing Homes, and Rest Homes
(81111 The use of common recreational facilities such
as swimming pools, tennis courts, and golf courses (associated
with a subdivision) for club or commercial purposes.
(71~ Single Family Detached Residences in zero lot
developments.
(Øl~ Group Homes, Level III.
('I1lQl Yacht Club with facilities.
(IØl1!!l Dock master facilities when associated with a
multi-family development which has a marina.
ADDITION OF NEW SECTIONS:
LDR Section 4.3.3(HH)
(HH) Educational Facilities: For the purpose of this
section, educational facilities shall be of a limited nature
serving children ages 2-18. Examples of such programs may
include those which meet special education needs, or programs
that are directed toward providing intensive instruction to a
limited number of students; but does not include vocational or
training schools which may be located in various commercial or
Community Facilities districts.
( 1) Lot Area: The minimum lot area shall be
7,500 square feet.
(2) Floor Area: Facilities shall contain a
minimum floor area of 35 square feet per child, exclusive of
space devoted to bathrooms, halls, kitchen, offices, and
storage.
( 3) Loading Area: A pickup and drop-off area
for children shall be provided in a convenient area adjacent to
the building and shall provide clear ingress and egress to the
building.
(4) Outdoor Area: there shall be a minimum area·
of 75 square feet af outdoor play area per student. The play
area shall be located on the same lot as the principal use and
shall not be located in the front yard setback. The play area
shall be surrounded by a six foot fence.
,
·
P&Z Staff Report
Text Amendment to Residential Zone Districts
Page 7
(4) Other Regulations: All Educational
Facilities shall comply with the American Disability Act (ADA),
Standard Building Code, Fire Codes, and any other regulations as
may be required.
LDR Section 4.3.3(KK)
(KK) Home Tutorial Services:
( 1) Shall only be as an accessory use in a private
residence.
(2) Is limited to no more than five students at
anyone time.
(3) Traffic generated by such Home Tutorial
Services shall not exceed traffic volumes than would normally be
expected in a residential neighborhood. Any need for parking
generated by the operation of such Home Tutorial Services shall
be met off the street and other than in the required front
setback.
(4) Home Tutorial Services shall not occupy more
than 20% of the first floor area of the residence, excluding the
area of any open porch, attached garage, or similar space which
is not suited or intended for occupancy as living quarters.
,
I
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: vI1 CITY MANAGER
SUBJECT: AGENDA ITEM # 10 L - MEETING OF OCTOBER 18. 199.
SZco.J RBAÐIWG/PUBLIC ImUI1IJG POR OJU)~.. RO. 82-94'~
tmaan ØtLDIIIGS OJ( ~
DATE: OCTOBER 14, 1994
This is the second reading and public hearing for Ordinance No.
82-94 which repeals Article 7.8 of the Land Development Regula-
tions, and enacts a new Article 7.8, "Unsafe Buildings or
Structures" . The ordinance provides for rules and regulations
concerning the protect ion of citizens from unsafe buildings and
structures, and establishes requirements and procedures for
maintenance and for making alterations, additions, and repairs.
At first reading on September 27, 1994, the Commission passed the
ordinance by unanimous vote, with one minor text change. On page
11, subsection (C) , eighth line down, the word "shall" has been
changed to "should", so that the sentence reads: "Any vacancy
occurring during the unexpired term of office of any Board member
should be filled by the City Commission for the unexpired term
within 60 days after the vacancy occurs i provided further, that
no member may serve more than two successive terms on this
Board. "
Recommend approval of Ordinance 82-94 on second and final
reading.
p~ 5-ö
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I
ORDINANCE NO. 82-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REPEALING ARTICLE 7.8,
"UNSAFE BUILDINGS OR STRUCTURES", IN ITS ENTIRETY,
AND ENACTING A NEW ARTICLE 7.8, "UNSAFE BUILDINGS OR
STRUCTURES", TO PROVIDE FOR RULES AND REGULATIONS
CONCERNING THE PROTECTION OF CITIZENS FROM UNSAFE
BUILDINGS OR STRUCTURES; ESTABLISHING REQUIREMENTS
AND PROCEDURES; PROVIDING A SAVINGS CLAUSE, GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach enacted
the Land Development Regulations on September 25, 1990; and
WHEREAS, as part of the adoption of the Land Development
Regulations, Chapter 165 was repealed and Article 7.8 was enacted; and
WHEREAS, the current Article 7.8 contains references to Chapter 165
which need to be revised; and
WHEREAS, certain procedures and notice requirements regarding
unsafe buildings are required to be adopted.
NOW, THEREFORE, be it ordained by the City Commission of the City
of Delray Beach as follows:
Section 1. That Article 7.8, "Unsafe Buildings or Structures", of
the Land Development Regulations of the Code of Ordinances of the City
of Delray Beach, is hereby repealed in its entirety, and a new Article
7.8, "Unsafe Buildings or Structures", is hereby enacted to read as
follows:
7.8.1 APPLICATION.
(A) Except as inconsistent with the provisions of this
chapter, all building codes and building requirements adopted by
this title as well as those codes adopted in Section 96.16, are
hereby adopted and incorporated as fully as if set out at length
herein and the provisions therein shall be controlling in the use,
maintenance, and occupancy of all buildings and structures within
the jurisdiction of the city. Amendments to any of the above codes
or code sections which are adopted by the city shall be considered
amendments hereto.
(B) This chapter shall apply to all unsafe buildings and
structures, as defined in Section 7.8.2 of this chapter and shall
apply equally to new and existing conditions. To the extent that
the provisions of this chapter are inconsistent with any codes
I
I
adopted herein and any ordinances pertaining to the elimination or
repair of unsafe buildings, this chapter shall supersede those
codes and ordinances.
7.8.2 DEFINITIONS
( A) For the purpose of this chapter, the following defini-
tions shall apply unless the context clearly indicates or requires
a different meaning.
(B) Words not defined herein shall have the meanings stated
in the Standard Building Code, Standard Mechanical Code, Standard
Plumbing Code, Standard Gas Code, Standard Fire Codes (as adopted
in 96.16), as those codes have been adopted and/or amended by the
city or other applicable codes duly adopted and/or amended by the
city.
"APPLICABLE GOVERNING BODY." The City of Delray Beach.
"APPROVED." Approved by the Chief Building Official or his
designee.
"BUILDING." Any structure built for the support, shelter, or
enclosure of persons, animals, chattels, or property of any kind
which has enclosing walls for 50% or more of its perimeter. The
term "BUILDING" shall be construed as if followed by the words "or
parts thereof." For the purpose of this chapter, each portion of a
"BUILDING" separated from other portions by a fire wall shall be
considered as a separate "BUILDING." "BUILDING" shall also include
a structure which was partially constructed in a manner such that
it would have qualified as a "BUILDING" if completed but which has
been damaged or left incomplete so that it no longer has enclosing
walls for 50% of its perimeter.
"BUILDING OFFICIAL." The Chief Building Official who is
charged with the administration and enforcement of this chapter, or
the duly authorized designee of the Chief Building Official.
"CODES." Wherever reference is made in this chapter to any
code, the meaning will be that conveyed by that particular code as
amended by the city or if not specifically named, to the codes
mentioned in section 7.8.2(B) above.
"COST OF ALTERATIONS OR REPAIRS." The estimated cost of
repairs or alterations if done by a professional contractor, duly
licensed and hired to effect those repairs or alterations, as
determined by the Chief Building Official or his designee using
generally accepted practices for estimating cost.
2 Ord. No. 82-94
I
"DEPARTMENT". The Community Improvement Department charged
with the enforcement of this chapter.
"DILAPIDATED" . In a state of decay or disrepair due to a
lack of maintenance and upkeepi deteriorated due to lack of adherence
to standard codes.
"FIRE OFFICIAL OR INSPECTOR". Building Inspectors, Fire
Inspectors, Code Enforcement Officers, Engineers, etc., employed by
the City and whose regular job functions include inspecting buildings,
structures, properties, etc.
"LEGALLY COGNIZABLE INTEREST", The interest of an owner,
tenant, person or entity having a recorded lien on the subject real
property as shown by a title search conducted within thirty (30) days
prior to the date of Notice of Unsafe Building/Structure.
"OFFICE OF THE RECORDER". The Recorder of deeds of a
county.
"OWNER". Any person, agent, firm or corporation having a
fee simple legal or equitable interest in the property,
"STRUCTURE". Anything which is built, erected or
constructed, This definition includes, among other things, docks,
dolphins, piers, boat lifts, fences, posts, buildings (see above),
walls, pilings, signs, canopies, tents, stairs, stoops, awnings,
slabs, asphalt or concrete driveways, poles, septic tanks, and other
items as determined by the Chief Building Official.
"UNSAFE BUILDING OR STRUCTURE". Any building or structure
that has any of the following conditione, such that the life, health,
property or safety of the general public, building or structure
occupants, or any others are endangered:
(1) Whenever any means of egress or required egress or
portion thereof is blocked, partially blocked, not of adequate size or
not arranged or provided to provide a safe and unobstructed path of
travel to the outside in case of fire or panic.
(2) Whenever required fire doors, fire protection
equipment, means of egress, closing devices, or fire resistance rating
materials are in disrepair, in a dilapidated or nonworking condition
or installed incorrectly or are inadequate,
(3) Whenever the stress in any member of a building or
structure or portion thereof, due to all imposed loads, including dead
load, exceeds the working stress allowed in the Standard Building Code
for new buildings.
- 3 - Ord. No. 82-94
I
(4) Whenever a building, structure, or portion thereof
has been damaged by fire, flood, earthquake, wind, or any other
cause to the extent that the structural integrity of the building
or structure is less than it was prior to the damage and is less
than the minimum requirement established by the Standard Building
Code for new buildings.
(5) Whenever any exterior appendage or portion of a
building or structure is not securely fastened, attached, or
anchored such that it is capable of resisting wind, seismic, or
similar loads as required by the Standard Building Code for new
buildings.
(6) Whenever, for any reason, a building, structure, or
portion thereof is in a dilapidated condition due to lack of
maintenance or is manifestly unsafe or unsanitary for the purpose
for which it is actually being used or for the purpose for which it
was designed to be used.
(7) Whenever any building, structure, or portion
thereof, as a result of decay, deterioration, dilapidation or any
other reason is likely to fully or partially collapse.
(8) Whenever any building, structure, or portion thereof
has been constructed or maintained in violation of a specific
requirement of the standard codes of the city.
(9) Whenever any building, structure, or portion thereof
is in a condition as to constitute a public nuisance such as, but
not limited to, being left open and unattended, or being abandoned
by its owners, or lacks security to prevent entry, or is without
operational, electrical, water or sewer service, or lacks security
to prevent entry or is left partially complete, but not guarded or
not adequately guarded against unauthorized entry.
(10) Whenever any building, structure, or portion thereof
is unsafe, unsanitary, not provided with adequate egress, or which
constitutes a fire or health hazard, or is otherwise dangerous to
human life, or, which in relation to existing use, constitutes a
hazard to safety or health by reason of inadequate maintenance,
dilapidation, obsolescence, or abandonment.
(11) Whenever a requirement is lacking and which is
necessary for the strength or stability of an existing or proposed
building or structure, or for the safety or health of the occupants
thereof, such as, but not limited to, hot and cold water supply and
electricity, and even if not specifically covered by this chapter
or other codes, as determined by the Chief Building Official, in
accord with the standards set forth herein.
4 Ord. No. 82-94
,
7.8.3 MAINTENANCE OF BUILDINGS OR STRUCTURES REQUIRED;
RESPONSIBILITY.
All buildings or structures, both existing and new, and all
parts thereof, including all materials, fixtures or appliances
installed therein shall be maintained in a safe, secure and
sanitary condition. All policies, procedures, requirements and
safeguards which are required by the Standard Building Code, Life
Safety Code, Fire Prevention Code or Standard Housing Code and/or
any other applicable codes adopted by the City, or as may be
amended from time to time, in a building when erected, altered,
repaired, moved or occupied, shall be maintained in good working
order. The owner, or his designated agent, shall be responsible
for the maintenance of buildings and structures.
7.8.4 REQUIREMENTS FOR ALTERATIONS, ADDITIONS, OR REPAIRS.
( A) Subject to the provisions of Paragraph (C) of this
subsection, alteration, repair, or rehabilitation work may be made
to an existing building or structure without requiring the entire
building or structure to comply with all the requirements of this
code, provided that the alteration, repair, or rehabilitation work
conforms to the requirements of the code for new construction.
However, if an existing building or structure is damaged by fire or
otherwise requires repairs in excess of 50% of its replacement cost
as proven by independent appraisal, the entire building or
structure shall be made to conform to all current codes and Land
Development Regulations for new buildings and current land use
regulations. Additionally, any buildings or structure containing a
nonconforming use must comply with current Land Development
Regulations if required repairs exceed 10% of the replacement cost
of the structure or building as determined as noted above.
(B) Additions to existing buildings must be made in con-
formity with current codes. However, existing buildings or
structures need not be modified to comply with current codes except
where the addition involves replacement or reconstruction of
materials in the original 'structure or otherwise affects the safety
or materials in the original structure. Any reconstruction or
replacement materials or related repairs shall conform with current
codes.
- (C) Whenever more than 25% of a roof covering is replaced
within a 12 month period, the entire roof covering shall be made to
conform with the requirements of the code for new buildings.
(D) Repairs, alterations, and additions may not be made so as
to extend or increase an existing nonconformity or hazard.
5 Ord. No.82-94
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7.8.5 CHAPTER REMEDIAL.
This chapter is declared to be remedial and shall be construed
to secure the beneficial interests and purposes thereof which are
public safety, health, and general welfare through structural
strength, stability, security, maintenance, sanitation, adequate
light and ventilation, electrical power, hot and cold water
supplies and safety to life and property from fire, health and
other hazards incident to the construction, security, moving,
alteration, repair, removal, demolition, use, and occupancy of bui-
ldings or structures.
7.8.6 ENFORCEMENT OFFICER DESIGNATED.
The provisions of this chapter shall be enforced by the Chief
Building Official and/or his designee. The Chief Building Official
or his designee may utilize the Fire Department, Code Enforcement
Division, Environmental Services, etc. to aid in the enforcement of
the provisions of this chapter.
7.8.7 LIABILITY OF ENFORCEMENT PERSONNEL.
Any officer or employee, or member of a board, charged with
the enforcement of this chapter acting for the city in the
discharge of their duties, shall not thereby render themselves
personally liable, and are hereby relieved from all personal
liability for any damage that may accrue to persons or property as
a result of any act requir:ed or permitted in the discharge of their
duties. Any suit brought against any officer or employee because
of an act performed in the enforcement of any provision of this
chapter shall be defended by the City Attorney or Special Cqunsel
retained by the City Commission, until the final termination of the
proceedings, providing the individual acted within the scope of his
authority.
7.8.8 AUTHORITY TO MAKE INSPECTIONS; INITIATING ABATEMENT.
(A) The Chief Building Official or his designee, Building
Inspectors, Code Enforcement Officers, Fire Department Officials,
etc. are authorized to make any inspections and recommend any
actions to the Chief Building Official or his designee as may be
required to enforce the provisions of this chapter.
(B) After the Chief Building Official or his designee has
determined that a building, structure, or portion thereof is
unsafe, he may initiate proceedings to abate the unsafe conditions.
6 Ord. No. 82-94
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7.8.9 INVESTIGATION; NOTICE.
(A) The Chief Building Official or his designee shall cause a
title search to be made of the affected property to determine the
names of all persons having an interest in the property. The Chief
Building Official or his designee shall then prepare and issue a
Notice of Unsafe Building/Structure directed to the owner of record
and all persons having a legal interest in the property, including
all known tenants. The notice shall contain, but not be limited
to, the following information:
( 1 ) The street address and legal description of the
building, structure, or premise, as disclosed by the title search
and/or County or City records.
( 2) A statement indicating that the building or
structure has been declared unsafe by the Chief Building Official
or his designee and a detailed report documenting the conditions
determined to have rendered the building or structure or portion
thereof unsafe under the provisions of this chapter.
( 3) The action required to be taken as determined by the
Chief Building Official or his designee.
( a) The notice shall require that all necessary
permits be secured and the repair work be commenced within 60 days
from the date of service of the Notice of Unsafe Building/
Structure, and continued to completion within 6 months from the
date the permits are available for issuance. The notice shall also
set forth the provisions of Section 7.8.4 of this chapter.
(b) If the building or structure is to be vacated,
the notice shall indicate the time within which vacation is to be
completed.
(c) If emergency action was taken by the Chief
Building Official or his designee pursuant to 7.8.12(C), the notice
shall state the emergency action taken and any costs incurred.
( 4 ) The notice shall state what action shall be taken by
the city in the event that repairs are not made in accordance with
the directions in the Notice of Unsafe Building/Structure. The
Chief Building Official or his designee may in that case bring the
matter before the Code Enforcement Board or order the building to
be vacated and demolished or boarded up in accordance with the
standards set forth in Section 7.8.12 of this chapter.
(5) A statemen~ advising that any person having a legal
interest in the property may appeal the finding of the Chief
Building Official or his designee to the Board of Construction
Appeals and that the appeal shall be .in writing in the form
7 Ord. No. 82-94
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specified in Sections 7.8.14 and 7.8.16 of this chapter, and must
be received by the Chief Building Official or his designee no later
than thirty (30) days from the date of service of the Notice of
Unsafe Building/Structure and that failure to deliver an appeal in
the correct form in the time specified will constitute a waiver of
all rights to an administrative hearing.
(B) The Notice of Unsafe Building/Structure and all attach-
ments thereto shall be served upon the owners of record and posted
on the property in conspicuous locations. A copy of the Notice and
all attachments thereto shall also be served on any person deter-
mined from a title search to have a legal interest in the property.
(C) The Notice of Unsafe Building/Structure shall be served
either personally or by dual service of certified or registered
mail, return receipt requested, and postage paid first class mail
to each person required to receive notice at the address as it
appears in official public records as disclosed by a title search
and a review of County tax roll records or any other address as is
known by the Chief Building Official or his designee to be the
address of those required to receive service or address of those
authorized to receive service. If addresses are not available for
any persons, firms, companies, corporations, etc. required to be
served, except owners of record, after reasonable efforts are made
to determine such address(es), the notice to those persons, firms,
companies, corporations, etc. shall be mai led by first class mail
to the address of the building or structure involved in the
proceedings. Notice to tenants shall be by posting the premises
and shall be effective on the date of such posting. The failure of
any person to receive notice, other than the owner(s) of record,
shall not invalidate any proceedings under this chapter. Service
by certified or registered mail, return receipt, as herein
described shall be effective on the date the notice was received as
indicated on the return receipt. Where notice is not received by
certified or registered mail or personally, the notice shall be
effective the date of first class mailing as above. In those cases
where the address of the actual owner(s) of record can not be
determined after reasona.ble efforts are made to locate such
address(es), notice to such owner(s) of record may be given by one
advertisement of a "Notice of Unsafe Building/Structure" in a
newspaper of general circulation in the county where the affected
building or structure is located. In the case of advertisement of
a Notice of Unsafe Building/Structure, the service date shall be
the publication date.
7.8.10 POSTING OF PREMISES FOR VACATING OR DEMOLISHING.
( A) In addition to the above notice requirements, Unsafe
Building/Structure notices shall be posted at or near each exit
8 Ord. No. 82-94
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and/or entrance to the effected building or structure and shall
contain:
UNSAFE BUILDING/STRUCTURE DO NOT ENTER OR OCCUpy
It is a violation of Land Development Regulations of the City
of Delray Beach to enter or occupy this building/structure or to
remove or deface this notice without written permission from the
Chief Building Official.
The notice shall be signed and dated by the Chief Building
Official or his designee.
(B) This notice shall remain posted until the required
repairs are made or demolition is completed. It shall be unlawful
for any person, firm, or corporation or their agents to remove the
notice or to enter or occupy this building/structure without prior
written permission of the Chief Building Official or his designee.
7.8.11 RECORDING OF AFFIDAVIT I, AFFIDAVIT III.
If the remedial action required under Section 7.8.12 of this
chapter is not commenced within 60 days from the date of service of
the Notice of Unsafe Building/Structure on the owner of record, the
Chief Building Official or his designee shall file in the public
records of the county Affidavit I describing the property and
certifying that the building or structure is unsafe and that the
owner of record has been served. This affidavit shall remain on
file until the conditions rendering the building or structure
unsafe have been abated or corrected and inspected by the Chief
Building Official or his designee. When the unsafe conditions are
abated or corrected and inspected, the Chief Building Official or
his designee shall file Affidavit III in the public records
indicating that the building or structure is no longer unsafe as a
result of those conditions specified in the subject notice pursuant
to Section 7.8.12 of this chapter.
7.8.12 STANDARDS FOR DETERMINING ACTION TO BE TAKEN BY BUILDING
OFFICIAL.
The following actions shall be taken by the Chief Building
Official or his designee when ordering the repair, vacation,
demol'i tion or boarding up of an unsafe building or structure or
portion thereof:
( A) If the building or structure poses an immediate hazard to
the life or to the safety of the occupant or user thereof, or to
the neighborhood, or to the public, or to the property of others,
it shall be ordered immediately vacated. Additionally, where the
building is not repaired in the time permitted, it will be ordered
9 Ord. No. 82-94
I
vacated and demolished, in accordance with the general guidelines
in this section.
(B) The building or structure will be ordered demolished when
the condition of the building structure or portion thereof is
sufficiently unsanitary, unsafe, unsecure, unguarded or detrimental
to neighboring properties due to lack of completion, upkeep or
exterior maintenance and where the required repairs are not
performed within the time prescribed in the Notice of Unsafe
Building/Structure or by order of the Board of Construction
Appeals, and where the continued existence of the structure poses a
hazard to the health or safety of the public or the occupants or
users of the effected building or to the property of others. This
applies even if the building is secured against entry and where the
building is sufficiently damaged, unsound, unsafe, unsanitary or
detrimental to property values in the vicinity due to incomplete
condition or lack of maintenance and upkeep.
(C) In certain cases where the Chief Building Official or his
designee, based upon his own experience and knowledge, or upon the
advice of fire officials, determines that an immediate peril exists
and that certain preventative action must be taken immediately
without notice or title search to prevent injury to occupants,
neighbors or the public or destruction of the property of neighbors
or the public, the Chief Building Official or his designee may
order immediate preventative actions which may include, but shall
not be limited to, vacating the property, demolition, erecting
fences or other barricades, boarding up, ordering the disconnection
of power and water supplies and the City may assess the costs of
such action as a lien upon the property in accordance with this
chapter. In the aforementioned cases, a Notice of Unsafe
Building/Structure shall be served after preventative action is
taken in the same manner as when action is taken after service. An
appeal to the Board of Construction Appeals based upon an emergency
action is proper only as it relates to costs incurred by the City,
providing such appeal is received in the form prescribed by
Sections 7.8.9, 7.8.14, and 7.8.16, and is received by the Chief
Building Official no later than 30 days after service of the Notice
of Unsafe Building/Structure.
(D) The Chief Building Official or his designee shall have
the authority to approve one extension of time to complete repairs
to make a building or structure safe or to complete demolition.
Such extension shall not exceed 60 days from the original
expiration date for repair or demolition. The extension shall only
be granted where the Chief Building Official or his designee
determines that a good faith effort is being made to correct the
unsafe condition, and that the extension will not unreasonably end-
anger the public. The building official may require that premises
10 Ord. No. 82-94
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be guarded by fencing, barricading or other means until all repairs
are made or demolition is completed.
7.8.13 PROCEDURAL MATTERS, BOARD OF CONSTRUCTION APPEALS.
(A) COMPOSITION.
The Board of Construction Appeals shall consist of nine
members appointed by the City Commission. The membership shall be
comprised of two general contractors, one master plumber, one
architect, one master electrician, one air conditioning contractor,
one sign contractor, one real estate broker or insurance agent, and
one professional engineer.
(B) QUALIFICATIONS.
All members shall reside in or have their principal
place of business in the city. All members shall have actual previous
experience in their respective trade or profession deemed sufficient
by the City Commission,
(C) TERMS OF OFFICEj REMOVALj VACANCIES.
The members of the initial Board of Construction
Appeals shall serve for the following terms: Three members for one
year, three members for two years, and three members for three years.
As the terms of the initial board members expire, the City Commission
shall appoint a member to fill each vacancy for a term of two years,
Any member of the Board of Construction Appeals may be removed from
office by a majority vote of the Commission. Any vacancy occurring
during the unexpired term of office of any Board member should be
filled by the City Commission for the unexpired term wi thin 60 days
after the vacancy occurSj provided further, that no member may serve
more than two successive terms on this Board.
(D) ORGANIZATION, RECORDS,
( 1 ) The Board of Construction Appeals shall elect a
Chairperson and Vice-Chairperson and other officers as may be
necessary from among its members. Terms of all officers shall be for
one year. .
(2 ) The Chief Building Official shall serve as
secretary to the Board but shall have no vote. The secretary shall
make a record of all proceedings of the Board. The Chief Building
Official shall be permitted to designate a staff member to serve in
his stead.
11 Ord. No. 82-94
( 3 ) If a person or persons decide(s) to appeal to a
court of competent jurisdiction any decision made by the Board of
Construction Appeals, with respect to any matter considered before
the Board, such person ( s ) will need a record of the proceedings,
and for such purpose, such person(s) may need to ensure that a
verbatim record or transcription of the proceedings is made, which
record includes the testimony and evidence upon which the appeal is
to be based. The City does not provide such a verbatim record or
transcription.
(E) MEETINGS; QUORUM, VOTE REQUIRED.
( 1 ) The Board of Construction Appeals shall hold not
less than four regular meetings each fiscal year.
(2 ) Meetings shall be called by the Chairperson of the
Board and in his absence by the Vice-Chairperson of the Board. The
secretary of the Board may also call meetings of his own volition.
( 3) All minutes of Board meetings shall be public
records except those portions which are of a confidential nature.
All minutes and records of the Board shall be kept in the office of
the Chief Building Official, or in another location as the Chief
Building Official may designate.
( 4 ) Five voting members of the Board shall constitute a
quorum at any meeting. No action of the Board shall be taken on
any matter except upon the concurring vote of not less than five
members of the Board.
(F) COMPENSATION.
Members of the Board 'of Construction Appeals shall serve
without compensation but shall be entitled to reimbursement for
necessary expenses incurred in the performance of their official
duties upon approval by the Commission.
(G) PROMULGATING RULES, EXAMINING WITNESSES.
The Board of Construction Appeals may make rules and
regulations consistent with the general policies of this
subchapter, as it may deem necessary to carry out the provisions of
this' subchapter, these rules and regulations to be subject to the
approval of the Commission. The Board shall have the power to
subpoena witnesses and administer oaths in accordance with
established law pertaining to the actions.
( H) CONFLICT OF INTEREST.
A member of tþe Board of Construction Appeals shall not act in
a case in which he has a personal interest.
12 Ord. No. 82-94
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7.8.14 APPEALS, GENERALLY; BOARD OF CONSTRUCTION APPEALS.
( A) Appeals to the Board of Construction Appeals may be taken
by any person aggrieved, or by any officer or bureau of the
governing body of the city, affected by any decision of the Chief
Building Official concerning interpretation, administration, or
enforcement of the following provisions of the Land Development
Regulations:
( 1 ) Building Regulations: Article 7.1 except
Sections 7.1.5 through 7.1.7
( 2 ) Gas Code: Article 7.3
( 3 ) Mechanical Code: Article 7.5
( 4 ) Plumbing Code: Article 7.6
(5) Electrical Code: Article 7.2
( 6 ) Housing Code: Article 7.4
( 7 ) Unsafe Building/Structure: Article 7.8
( 8 ) Moving Buildings: Article 7.10
(B) It is the intent of this subchapter that all questions of
interpretation, administration, and enforcement shall first be
presented to the Chief Building Official. Questions shall be
presented to the Board of Construction Appeals only as an appeal of
the Chief Building Official's determination. Appeals shall be
filed in writing via certified U.S. Mail return receipt requested,
and received by the Chief Building Official no later than 30 days
after receipt of a written decision from the Chief Building
Official except as specified in 7.8.9. The form of the appeal is
as specified in 7.8.16. The Chief Building Official shall forth-
with transmit to the Board all papers constituting the record on
which the appeal is based.
7.8.15 DECISIONS, GENERALLY.
In exercising its powers, the Board 0 f Construction Appeals,
so lðng as the action is in conformity with the terms of existing
ordinances, may reverse or affirm, wholly or partly, or may modi fy
the order, requirement, decision, or determination appealed from
and may make the order, requirement, decision, or determination as
should be made, and to that end shall have powers of the Chief
Building Official from whom the appeal is taken.
13 Ord. No. 82-94
7.8.16 APPEALS, AUTHORIZED FORM.
(A) For all authorized matters other than Unsafe
Building/Structure, any person or persons who have an interest
adversely impacted by the Chief Building Official's decision may
file an appeal.
(B) For Unsafe Building/Structures, any person entitled to
service in accordance with the provisions of Section 7.8.9 may
appeal any action of the Chief Building Official or his designee.
(C) Appeals must be in the form described below:
( 1 ) Identification of the land, and building or
structure by street address and/or legal description, as
appropriate.
( 2 ) A statement identifying the legal interest of the
appellant or the interest of the appellant adversely impacted by
the Chief Building Official's decision.
( 3 ) A statement identifying specific portions or
sections of the Notice of Unsafe Building/Structure or written
decision of the Chief Building Official which are being appealed.
(4) A statement detailing the issues on which the
appellant desires to be heard in relation to ( 3 ) above.
( 5) The legal signature of the appellant(s) and his
official mailing addressees).
( D) Upon receipt of an appeal, the Board of Construction
Appeals shall fix a date, time, and location for the hearing of the
appeal. The hearing date shall not be more than 30 days from the
date the appeal was received by the Chief Building Official unless
the appellant agrees to a later date or the City demonstrates good
cause.
(E) Waiver of appeal. All appeals must be received by the
Chief Building Official rio later than 30 days from the date of
service the Notice of Unsafe Building/Structure or 30 days after
rece~pt of the Chief Building Official's written decision which is
appealed. Failure to appeal within the time period specified shall
constitute a waiver and shall make the decision of the Building
Official a final decision or order.
7.8.17 HEARING; FAILURE TO APPEAR AT HEARING, BOARD OF
CONSTRUCTION APPEALS.
( A) Scope of· hearing.
14 Ord. No. 82-94
I
( 1 ) The hearing shall offer the appellant(s) reasonable
opportunity to be heard on only those specific matters or issues
raised in his written appeal. Other persons having a legally
cognizable interest in the property but who did not register a
written appeal may be heard at the Board of Construction Appeals'
discretion on only those matters or issues raised by the appellant
on his appeal and only to the extent that they affect the legally
cognizable right of the person seeking to intervene in the appeal.
(2 ) The Chief Building Official or his designee shall
offer relevant testimony to the Board and/or the Chief Building
Official may call others to testify who may offer relevant
testimony.
( 3) The appellant or other person with a legally
cognizable interest may appear at the hearing in person or through
his attorney or other designated representative.
(4 ) The Board, in hearing appeals under this chapter,
shall determine whether the decision of the Chief Building Official
or his designee as to the unsafe condition of the structure or the
remedial action required or his interpretation, administration or
enforcement of relevant matters, as related to those matters raised
by the appellant, is appropriate under the guidelines of this
chapter. With regard to emergency actions, the Board's sole
determination shall be to determine whether the costs incurred were
reasonably related to the action undertaken.
(B) The failure of any person to appear at the hearing set by
the Board of Construction ,Appeals without permission from the Board
shall constitute a waiver of his right to an administrative hearing
on the Notice of Unsafe Building/Structure or other matter
appealed. The Board of Construction Appeals may, for good cause
shown, excuse the failure to appear and set a new hearing date.
7.8.18 RULES OF PROCEDURE FOR HEARING APPEALS, BOARD OF CONSTRUC-
TION APPEALS.
(A) Reasonable dispatch. The Board of Construction Appeals
shall proceed with reasonable dispatch to conclude any matter
before it.
(B) Form of Hearing Notice to Appellant(s):
( 1 ) The Hearing Notice shall include, but not be limited
to, the following information:
(a) The date, time, and place of the hearing;
15 Ord. No. 82-94
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(b) The legal description and/or address of the
subject property, as applicable;
(c) A statement that persons may be represented by
counsel; and
(d) A statement that appellants may present all
relevant testimony on those issues which they intend to raise in
accordance with their appeal request as addressed to the Chief
Building Official.
(C) Procedures for hearing.
( 1 ) The Hearing Notice shall be served personally or by
certified mail, return receipt requested, at least 7 days prior to
the hearing date unless the appellant waives such requirement.
(2 ) The Board of Construction Appeals may grant a
continuance for good cause.
( 3) When the hearing is scheduled, the Board of
Construction Appeals shall:
(a) Hear from the Chief Building Official or his
designees or others who may offer relevant testimony as to and as
applicable to:
1. The Notice of Unsafe Building/Structure
and all attachments thereto or other matters being appealed.
2. Proof of service of the Notice of Unsafe
Building/Structure on the owner of record and on any person deter-
mined from official public records to have a legal interest in the
property or proof of service or receipt by the appellant(s) of any
other written decision which is being appealed.
3. The time of posting the Notice of Unsafe
Building/Structure, including time to vacate, if any, and the
location of the notices on the building or structure.
4. The particulars of the defects and
condttions determined to have rendered the building or structure or
portion thereof unsafe under the provisions of this chapter, with
photographs as necessary.
5. The recommended corrective actions to be
taken and the reasons for the recommendations.
6. Corrective actions, if any, already
undertaken.
16 Ord. No. 82-94
,
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7. The reasons and bases supporting the
written decision made by the Chief Building Official which is being
appealed.
(b) Hear from other interested parties present in
accordance with requirements of this chapter.
( 4 ) Evidence:
(a) The Hearing before the Board of Construction
Appeals shall not be reqùired to be conducted in accordance with
the technical rules relating to evidence and testimony.
(b) In any proceedings under this chapter any
member of the Board shall have the power to administer oaths and
affirmations and to certify official acts.
(c) Oral evidence shall be taken only on oath or
affirmation.
(d) Hearsay evidence may be used for the purpose of
supplementing or explaining any direct evidence. The further use
of hearsay evidence shall be limited to that which would be
admissible in civil court.
(e) Relevant evidence shall be admitted if it is
the type on which responsible persons are accustomed to rely in the
conduct of serious affairs, regardless of the existence of any
common law or statutory rule which might make improper the
admission of evidence over objection in civil courts.
(5 ) The Board of Construction Appeals may inspect any
building, structure or portion thereof involved in the appeal
during the course of the hearing, provided the following are
complied with:
(a) Notice of an inspection is given to the
appellant prior to the inspection;
(b) The at;>pellant is allowed to be present during
the inspection; and
.
(c) The Board members conducting the inspection
state for the record, upon completion of their inspection, the
conditions observed and any conclusions drawn therefrom.
(6 ) When an appeal is heard before the Board itself, any
member who does not hear the evidence presented shall not vote or
take part in the decision.
17 Ord. No. 82-94
,
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( 7 ) The Board of Construction Appeals may be provided
independent counsel, including counsel from the City Attorney's
office, to advise it during the course of an appeal hearing.
(D) Decision of the Board.
( 1 ) The Board, if requested, shall determine whether the
finding of the Chief Building Official or his designee that the
building or structure is unsafe is proper under the guidelines of
this chapter, and whether the mandated corrective action is
necessary to render the building safe under the guidelines of this
chapter. In cases where demolition has been ordered if repairs are
not made, the Board shall, if requested, determine that demolition
is proper. The Board may uphold the determination of the Chief
Building Official or his designee, may send the matter back for
further investigation and review by the Chief Building Official or
his designee, or may make a finding that the condition complained
of by the Chief Building Official or his designee does not render
the building unsafe within the guidelines of this chapter, or that
the corrective action required by the Chief Building Official or
his designee is beyond what is required under this chapter to
render the building safe.
As to any other matter or appeal, the Board may affirm, deny
or modify the written decision of the Chief Building Official in
accordance with codes and ordinances adopted by the City.
( 2 ) The Board shall issue its written decision within 15
working days of the conclusion of the hearing. The decision shall
be in writing and shall set forth the evidence presented and the
findings of the Board. The effective date of the Board's final
decision shall be the date of the written decision. The Board may
grant one and only one extension of the time specified for making
repairs and that extension may not exceed 60 days from the date of
the Board's written decision to grant an extension. The Board may
require the appellant to take actions to ensure the safety of the
public or occupants during the extension period.
(E) Recourse. If the appellant or the city is aggrieved by
the decision of the Board, nothing in this chapter shall be
construed to deprive him or the city of seeking redress in a court
of cQmpetent jurisdiction. The appeal must be filed within 30 days
from the effective date of the Board's final written decision and
shall constitute a stay of any enforcement by the Chief Building
Official or his designee except an order to vacate which was
unappealed or upheld by the Board.
18 Ord. No. 82-94
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7.8.19 STAYING OF NOTICE UNDER APPEAL TO BOARD OF CONSTRUCTION
APPEAL.
( A) As to an order to vacate issued in accordance with
Section 7.8.9(3)(a) or 7.8.12(C) of this chapter, enforcement of
any notice issued by the Chief Building Official or his designee
under the provisions of this chapter shall be held in abeyance
during the course of an appeal. In the event that an order to
vacate was issued pursuant to the aforementioned sections of this
chapter, the Chief Building Official shall certify in writing as
soon as practicable after the notice of appeal has been filed that,
in his opinion, a stay of enforcement of an order to vacate would
cause imminent peril to the life or safety of natural persons, or
the property of persons other than the appellant. The certifi-
cation shall set forth in detail those conditions causing the
peril. An appellant desiring to challenge the order to vacate may
request an emergency hearing of the Board of Construction Appeals.
The hearing shall be held within 72 hours of the appellant's
request.
(B) As to other matters under appeal, an appeal stays all
proceedings in furtherancè of the action appealed from, unless the
Chief Building Official from whom the appeal is taken certifies to
the Board of Construction Appeals after the Notice of Appeal is
filed with him that by reason of facts stated in the certificate, a
stay would, in his opinion, cause imminent peril to life or
property. In this case, proceedings shall not be stayed other than
by a restraining order which may be granted by the Board of
Construction Appeals at an emergency hearing of the Board as
requested by the appellant, as noted above, or by a court of
competent jurisdiction.
7.8.20 FAILURE TO COMPLY WITH FINAL ORDER OR DECISION.
(A) Any person who, after the order or decision of the Chief
Building Official or his designee or the decision of the Board of
Construction Appeals becomes final, fails or refuses to act in
accord with the direction of that order shall be in violation of
this chapter and may be prosecuted in accordance with Chapter 37 of
the Code of Ordinances of the City or the City may seek relief
through a court of competent jurisdiction.
. (B) Alternatively, where persons fail to comply with the
final order of the Chief Building Official or his designee or the
Board of Construction Appeals, the Chief Building Official will
require the building to be immediately vacated and demolished or
boarded up as provided in Section 7.8.12. Except in emergency
situations, the Chief Building Official or his designee shall mail
a Final Notice by certified and first class mail 15 days prior to
19 Ord. No. 82-94
demolition or boarding up to all persons who were required to
receive Notice of Unsafe Building/Structure and shall post the
Final Notice on the effected building/structure. The Final Notice
shall state:
( I) That the building or structure has been determined
to be unsafe by a final order of the Chief Building Official or
Board of Construction Appeals.
( 2 ) That repairs were not effected as required.
( 3 ) That all persons having a legally cognizable
interest were served with notice that the failure to make the
required repairs would result in an order to vacate and/or to
demolish or to board-up the building.
( 4 ) That the building must be vacated immediately, if it
has not already been vacated.
( 5) Advising that the building shall be demolished or
boarded up, and stating an approximate date of demolition or
boarding up.
( 6 ) The approximate costs of boarding up or demolition
and that such costs, if not paid, shall be charged as a lien
against the property and that other costs incurred will be added to
the total cost along with a 10% administrative fee.
(C) The Chief Building Official shall also execute an
Affidavit II to be included with the above Final Notice which shall
state that the continued existence of the structure creates a
danger to the health, safety, or welfare of the public, or is a
danger or detriment to the property of the public, along with the
reasons therefor, and the factual support for those reasons.
( D) No person shall obstruct or interfere with the implemen-
tation of any action required by the Final Notice of the Chief
Building Official, his designee or the Board of Construction
Appeals. Any person found interfering with or obstructing such
actions shall be in violation of this chapter and shall be pro-
secuted as provided in Section 7.8.22.
'( E) Performance of work. The demolition or board-up of an
unsafe building as required in the Final Notice of the Chief
Building Official or the final decision by the Board of Construc-
tion Appeals shall be performed in an expeditious and workmanlike
manner.
20 Ord. No. 82-94
,
7.8.21 RECOVERY OF COST OF DEMOLITION; LIENS.
(A) Whenever the Chief Building Official or his designee is
required to take emergency action as described in Section 7.8.12(C)
or where compliance with a Final Notice is effected by the City,
the City administration is authorized and directed to keep an
accurate account of all expenses incurred, including but not
limited to photographs, recording notices and affidavits,
demolition, vacation, barricading, boarding-up, title searches,
mailings, asbestos inspections, septic tank emptying, fencing,
asbestos removal, utility disconnections, legal notice advertising
or any other expenses necessitated by the demolition or board-up of
the building/structure, and based upon same certify the cost
invol ved for that work with respect to each parcel of property.
The City shall also add to the total of such costs a 10% adminis-
trative charge to cover the expense of administering and inspecting
the work performed, overhead, and other contingent expenses. The
cost of advertising shall be added to the total costs as a separate
expense.
(B) If the City has the condition abated and payment is not
received within 30 days after the mailing of an invoice for the
appropriate expenses incurred together with administrative costs,
an invoice requesting payment of the total costs and administrative
charges shall be sent to the last known address of the record
owner. In the event the invoice remains fully or partially unpaid
30 days after the date of mailing the invoice, the cost shall be
reported by the City Manager to the City Commission. Thereupon the
City Commission shall, by resolution, assess that cost against the
parcel. The resolution shall describe the land and show the cost
of effecting compliance, whether by demolition and removal or
otherwise, actually incur'red by the City and the additional 10%
administrative expenses. The assessment shall also include costs
of collection and reasonable attorney fees, and shall be be legal,
valid, and binding obligations against the subject property. The
resolution shall become effective 30 days from the date of
adoption, and the assessment contained therein shall become due and
payable no later than 30 days after the mailing date of the Notice
of Assessment, after which interest shall accrue at the rate of 8%
per annum on any unpaid portion.
(C) The City shall send an invoice for the total amount due,
a cOþy of the Notice of Assessment along with a copy of the
Commission resolution, to the last known address of the record
owner. Service shall be by personal delivery or by certified mail,
postage prepaid, return receipt requested. In the event that the
assessment remains fully or partially unpaid after 30 days of the
mailing date or personal delivery of the Notice of Assessment, the
City shall cause to be recorded in the official records of the
21 Ord. No. 82-94
I
County, against those properties for which payment in full has not
been received, an affidavit certifying: that a resolution
assessing those costs against the subject property was passed by
the City Commission; the amount remaining unpaid including
recording costs and any additional administrative costs authorized
by City policies; the date the resolution was passed and the number
of the resolution; that the assessment remains unpaid as of the
date of the affidavit; that interest in the amount of 8% per annum
of the unpaid balance shall accrue; and that the affidavit is
recorded by the City pursuant to this chapter. In the event
payment in full with interest accrued is received, the City shall
cause a satisfaction for such assessment to be recorded. The
Notice of Assessment resolution shall be in substantially the
following form:
CITY OF DELRAY BEACH
UNSAFE BUILDING/STRUCTURE
NOTICE OF ASSESSMENT
Date
TO:
ADDRESS:
PROPERTY:
You, as the record owner of, or holder of an interest in, the
above described property are hereby advised that a cost of
by resolution of the City Commission of the City
of Delray Beach, Florida, dated , 19 -' has
been levied against the above described property.
The costs were incurred as a result of an abatement action
regarding the above described property. You were given notice on
that the Chief Building Official had determined that a
building/structure located on the above described property was
unsafe. You were advised in that notice of the action that would
be taken to remedy that unsafe condition and that the action would
be initiated by the City if you failed to act.
- You failed to appeal the decision of the Chief Building
Official to the Board of Construction Appeals although
. you were informed of your right to an appeal and of the
procedures for obtaining an appeal. You have also failed
to take the corrective action required in the Notice of
Unsafe Building/Structure.
- You appealed the decision of the Building Official to the
Board of Construction Appeals. You were given written
22 Ord. No. 82-94
.
.
notification on that you were required to
take the corrective action required by the decision of
the Board of Construction Appeals within a stated period
of time. You failed to take the action as required by
the order of the Board of Construction Appeals.
- You appealed the decision of the Building Official to the
Board of Construction Appeals on .
The Board of Construction upheld the decision of the
Building Official.
The City of Delray Beach has therefore taken remedial action
to remove the unsafe condition existing on the above described
property on at a cost of which
includes a ten percent (10%) administrative fee. If you fail to
pay this cost wi thin thirty (30) days, that cost plus additional
administrative and recording costs shall be recorded in the
official Records of Palm Beach County, Florida against the above-
described property.
THE CITY MAY ENFORCE THE ASSESSMENTS BY EITHER AN ACTION AT LAW OR
FORECLOSURE OF THE LIEN, WHICH SHALL BE FORECLOSED IN THE SAME
MANNER AS MORTGAGES ARE FORECLOSED UNDER STATE LAW. IN EITHER TYPE
OF ACTION, THE CITY SHALL BE ENTITLED TO INTEREST AT THE RATE OF 8%
FROM THE DATE OF ASSESSMENT, COLLECTION COSTS, AND REASONABLE
ATTORNEY'S FEES. SUCH LIENS SHALL BE ON A PARITY WITH GENERAL CITY
TAXES AND SHALL HAVE PRIORITY OVER ALL OTHER LIENS AND
ENCUMBRANCES, INCLUDING MORTGAGES.
Copies of all notices referred to in this notice are available
in the office of the Chief Building Official.
BY ORDER OF THE CITY COMMISSION
City Clerk
(D) The City may enforce the assessments by either an action
at law or foreclosure of the lien, which shall be foreclosed in the
same manner as mortgages are foreclosed under state law. In either
type of action, the City shall be entitled to interest at the rate
of 8% from the date of assessment, collection costs, and reasonable
atto.rney's fees. Such liens shall be on a parity with general City
taxes and shall have priority over all other liens and
encumbrances, including mortgages.
7.8.22 VIOLATIONS; PROVIDING FOR INDEPENDENT JUDICIAL
PROCEEDING.
(A) Any person or his agent, who shall violate a provision of
this chapter or 'fail to comply therewith, including orders and
23 Ord. No. 82-94
.
I
findings of the Board of Construction Appeals, may be prosecuted
and punished in accordanc.e with Chapter 37 of the City's Code of
Ordinances. Each person shall be deemed guilty of a separate
offense for each and every day or portion thereof during which any
violation is committed or continued. The administration may
alternatively seek enforcement in a court of competent jurisdic-
tion.
(B) Any person, firm or corporation who violates any
provision of this chapter for which another penalty is not specifi-
cally provided shall, upon conviction, be subject to a fine not
exceeding $500 or imprisonment for a term not exceeding 30 days or
both. Each day any violation shall continue to exist shall consti-
tute a separate offense.
(C) All remedies and procedures in this chapter are not
exclusive and shall not prevent the city from instigating an
independent legal action in a court of competent jurisdiction.
Section 2. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 3. That all ordinances or parts of ordinances which
are in conflict herewith are hereby repealed.
Section 4. That this ordinance shall become effective ten
( 10) days after its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the 18th day of October %Z~
ATTEST: M A ~ R
(J LlItm~l1rlln*
City Cle k
First Reading September 27, 1994
Second Reading October 18, 1994
unsafe,ord
24 Ord. No. 82-94
I
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~rCITY MANAGER
SUBJECT: AGENDA ITEM # 10M - MEETING OF OCTOBER 18. 199*
SECQlU)lUW)IIIG/PUBLIC HEARING FOR ORDIRAIICB NO. 81-941 .
LAIIDLOIIt). RIUtIT~
DATE: OCTOBER 14, 1994
This is second reading and public hearing for Ordinance No. 81-94
which amends Chapter 117 of the City's Code pertaining to
landlord permits. The primary change is an increase in the
landlord permit fee from $13.00 to $15.00 per unit. This
increase is proposed in order to help offset administrative and
inspection costs associated with this service. In addition to
providing for a triple fee penalty for failure to obtain a
landlord permit within 30 days of acquiring interest in any
qualifying property, a tripled fee will also be imposed for
failure to renew a landlord permit within 60 days of the annual
renewal date.
The balance of the amendment has to do with the addition of
certain clarifying language, as well as removing obsolete code
cites and replacing them with correct references.
At first reading on October 4, 1994, the Commission passed the
ordinance by a 4 to 0 vote.
Recommend approval of Ordinance No. 81-94 on second and final
reading.
PQMt;. & 5-0
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1 ORDINANCE NO. 81-94 I
II AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF '
:1 DELRAY BEACH, FLORIDA, AMENDING CHAPTER 117,
j "LANDLORD PERMITS", OF THE CODE OF ORDINANCES OF THE
I CITY OF DELRAY BEACH, FLORIDA, BY ADDING CERTAIN
LANGUAGE FOR THE PURPOSE OF CLARIFICATION; AMENDING
I CERTAIN LANGUAGE TO REFLECT THE CORRECT CODE
i REFERENCES; AMENDING SECTION 117.02, "PERMIT FEES",
! TO PROVIDE FOR AN INCREASE IN THE PERMIT FEE;
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:
Section 1. That Title XI, "Business Regulations", Chapter
117, " Landlord Permits", of the Code of Ordinances of the City of
Delray Beach, Florida, is hereby amended to read as follows:
I CHAPTER 117: LANDLORD PERMITS
I Section 117.01 PERMIT REQUIRED.
I (A) No person, company or other entity who leases or offers
'I for lease any residential units within the city may enter into any
arrangement, written or otherwise, which constitutes a lease of .
I property which is used for residential purposes, unless a landlord ,
-I permit is obtained or in existence for the rental units, All oral
I rental arrangements shall be included within the scope of this
I section, but the operation of a hotel shall not (any building which
I fits the definition of hotel but also fits the definition of another
use which requires a landlord permit shall be interpreted to require a
ì landlord permit).
(B) A separate permit shall be required for each rental
uni t; however, where a building contains a number of rental units
under the same owner, or where a number of different owners in
one building authorize the same person or company to act as their
agent for the purposes of applying for a permit, a single permit
may be 01?tained for all qualifying units wi thin a single building
which are under the same owner or agent. provided that the permit fee
ì is paid for each individual unit. Nothing in this section shall
require a permit for any unit enrolled in federal housing programs or
under Federal Housing Urban Development general supervision.
I
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I
I PERMIT FEES.
1 Section 117.02
Applications for landlord permit shall be available I
¡ a I
I
through the }5)Á;ï;l(i;ïVii Community Improvement Department. The annual
permit fee shall be $J~¡ØØ $15.00 per unit, Such permit shall be for
one year from the date of issue on November 1 of each year'/~;ït~/t~Ø
1ØØ/t¢/~Ø/~t¢t_tø(i/~)Á_ttØt;lý,
Section 117.03 APPROVAL OF APPLICATION.
(A) The Chief Building Official. or his desic¡nee. shall
grant approval for the lease of units within the city for residential
purposes upon a determination:
( 1 ) That the applicant has an interest in the property
or is the agent or acting under the permission of one with a
sufficient interest in the property to obtain a landlord permit; I
(2 ) That the units comply with the requirements of the I
Housing Code as set forth in ~~_P~øt/J'~/¢1/t~;ïø/~¢(iØ/¢1/Øt(i;ï~.~¢Øø
Section 7,4.1 of the Land Development Requlations of the City of
Delray Beach with regard to those facilities necessary to make the I
I
rental unit habitable; and I
(3 ) That the rental of the units is in compliance with ¡
applicable zoning code regulations løØØ/~~_~tØt/J7~J as enumerated in
Chapter 4 of the Land Development Requlations.
(B) The permit shall state the maximum number of persons
who can occupy each unit. That number shall be no more than two per
bedroom plus two additional persons per unit, provided that ~ø~~t~q/t~
t~;ïø/øØ¢t;ï¢~/ø~_;l;l/~Øtø;ï~/t~Ø/tØ~t_;l/¢1/_/)Á~;ït/;ï~/_/ø_~~Øt/~~;ï¢~ ~
relationship of the occupants does not violateø the definition of
family ;ï~//~Ø¢¡//J7~¡ØØJ as defined in Appendix A of the Land
Development Requlations. This section shall not be interpreted to
prohibit a landlord from renting a unit to a family as defined by $Ø¢I
J7~¡ØØJ Appendix A of the Land Development Regulations,
Section 117.04 APPEALS.
.Appeals of a denial of a landlord permit shall be made to
the Permit Review Committee which shall consist of the City Manager,
the Community Development Coordinator and the Planning Director or
their respective designees. The City Attorney's office shall act as
counsel to the Permit Review Committee, Requests for appeal must be
made in writing and received by the ¢J.~ý Chief Building Official
wi thin thirty (30 ) days of formal notice of denial with the date of
the notice of denial being the first day. Decisions of the Permit
- 2 - Ord, No. 81-94
I
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·
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Review Committee may be appealed to the City Commission, whose
decision shall be final subject to any appeal of such decision to the
circuit court.
Section 117.05 INSPECTIONS.
The Chief Building Official or his designee may inspect all
rental units or units which are reasonably suspected to be rental
units for compliance with this section at reasonable hours ~~~/~pØ~/~~
~ø~tø,/~øtt¢Ø/øt with the permission of the owner, agent or tenant~
t~~t¢~øýøt/tØ/_ØØ¡t¢_~¡øJ¡ Where permission to inspect the premises
is denied to the city or where facts and circumstances reasonably
justify the 1_t¡~tØ/tØ/ØØØ~/¢Ø~øø~t necessity for an inspection, the
city shall make an effort to obtain ~~ø /~pptØptt~~ø an inspection
warrant and shall conduct the inspection as required by law,
Section 117.99 PENALTY.
Should any person or entity required to obtain a landlord
permit under Sec. 117,01 not file an application for such landlord
permit within thirty (30) days of acquiring interest in any qualifying
property Ø~~IØ¢t /tø /t~øøø¢t,tø~ /~~~øt /t)itø /¢)i_øtøt, or renew such
permit within sixty (60) days of the annual renewal date. the permit
fees shall be tripled.
Section 2. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 3. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
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.
PASSED AND ADOPTED in regular session on second and final
reading on this the 18th day of OC~£~~
A'TJEST: Ii lit *-
¡lEvrn~ i.(~ n{
ity Cl k
First Reading October 4, 1994
Second Reading October 18, 1994
- 3 - Ord. No. 81-94
,
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~ITY MANAGER
SUBJECT: AGENDA ITEM # ION - MEETING OF OCTOBBRla. 199_
SKCOIID RBADIltG1PUBLrc RBARING FOR ORO~· NO. 83 - 94/;,.,
KIDØ AIfD COPj COMNITTlla
DATE: OCTOBER 14, 1994
This is second reading and public hearing for Ordinance No. 83-94
which amends Section 2 of the ordinance establishing the Kids and
Cops Committee to provide for additional representation as the
City Commission may deem appropriate.
The membership of the Kids and Cops Committee consists of
representatives from specified groups and organizations as
outlined in the ordinance. As it stands now, provision is made
for only one citizen-at-large representative. Perry Don
Francisco currently serves in this capacity. We have received
applications from individuals interested in participating, but
who cannot be accommodated under the constraints of the
ordinance. In view of the uniqueness of this committee and its
charge, the Commission has indicated that it would be beneficial
to have the ability to appoint additional members whose
experience and expertise could be of value. This ordinance will
allow additional representation at the discretion of the
Commission when it is determined that such appointment would be
of benefit to the committee.
At first reading on October 4, 1994, the Commission passed the
ordinance by a 4 to 0 vote.
Recommend consideration of Ordinance No. 83-94 on second and
final reading.
p~ 5-0
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83-94 I
ORDINANCE NO. i
I I
I
I
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF I
I
DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 20-94 I
WHICH ESTABLISHED THE KIDS AND COPS COMMITTEE AS AN i
I
ADVISORY BODY TO THE CITY COMMISSION, BY AMENDING I
I
SECTION 2. THEREOF TO PROVIDE FOR SUCH OTHER I
REPRESENTATION ON THE KIDS AND COPS COMMITTEE AS THE i
CITY COMMISSION MAY DEEM APPROPRIATE; PROVIDING A I
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN I
EFFECTIVE DATE.
i
WHEREAS, on May 3, 1994, the City Commission of the City of I
Delray Beach, Florida, passed and adopted Ordinance No. 20-94 on I
I
second and final reading, which ordinance established the Kids and I
Cops Committee as an advisory body to the City Commission; and I
WHEREAS, Section 2, of said Ordinance No, 20-94 provides I
that the membership of the Kids and Cops Committee shall consist of I
representatives from certain groups and organizations; and
I
WHEREAS, due to the unique composition and charge of this !
committee, the City Commission has determined that it may be
beneficial to have additional representation; and
i
I WHEREAS, the City Commission wishes to have the ability to
I
appoint such other representatives to the Kids and Cops Committee as
I may, from time to time, be deemed appropriate.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 2. of Ordinance No. 20-94, passed
and adopted on May 3, 1994, by the City Commission of the City of
Delray Beach, Florida, be, and the same is hereby amended to read as
follows:
Section 2. That said Kids and Cops Committee shall consist
of a membership to be selected as follows:
(A) A representative from the Parks and Recreation
Department as designated by the Director of Parks and
Recreation;
(B) A representative of the Delray Beach Police Department,
as designated by the Chief of Police;
(C) A representative of the recognized bargaining unit for
certain Police Department personnel, as designated by
the President of the recognized bargaining unit;
,
. .
(D) A Clergy representative, as designated by the
membership of the Ministerial Association;
(E) A representative from each of the following schools, as
designated by the respective school principals: ;
I
I
(1) Pine Grove Elementary
I (2 ) S.D. Spady Elementary
(3 ) Plumosa Elementary
(4 ) Banyan Creek Elementary
(5 ) Carver Middle School
(6) Atlantic High School
(F) A Youth representative, as designated by the Student
Council of Atlantic High School;
(G) A Citizen-at-large representative, as may be designated
by a community civic organization interested in the
enhancement of the program;
(H) A representative of MAD DADS, as designated/.....
l.l.l Such other representation as may be deemed appropriate
I by the City Commission.
Section 2. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 3. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
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.
PASSED AND ADOPTED in regular session on second and final
reading on this the 18th day of OC~~ç-~
ArJEST: Ji !-It
IÚVTYJ'l[Qf, iJ"jP odv
City Cl rk
First Reading October 4, 1994
Second Reading October ·18, 1994
- 2 - Ord. No. 83-94
I
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" I
[IT' DF DELIA' BEA[H
CITY ATTORNEY'S OFFICE 2()(J SW 1st AVENUE' DELRAY BEACH. FLORIDA 33444
FACSI~llLE 407·278,4755 Wr~t_r·. D~r_c::t L~n_
DELRAY BEACH (407) 243-7090
f LOR r D "
.....
AI~America City
1 , II t~ MEMORANDUM
Date: September 30, 1994
\'1'11
To: City Commission
From: David N. To1ces, Assistant City Attorn~
Subject: Ordinance Revisinq Chapter 53 "Sanitary Sewers"
The proposed ordinance will enact revisions to the City
ordinance regarding sanitary sewers which were mandated by
the EPA following a review of the City's and Boynton Beach's
sanitary sewer ordinances. The revisions are as follows:
1. Substituting the Florida Department of Environ-
mental Protection for the now former Department of
Environmental Regulation.
2 . Enacting new limits for metals inorganics and
organics which may be present in sanitary sewer
discharge.
3. Requiring a $100.00 publication fee to be charged
to a violator's water bill during the month the
notice of the violation is published in the
newspaper. This will enable the City to partially
recover the publication costs.
4. Amending the sample calculation for the sewer
surcharge to reflect the correct sewer rate.
The title of the chapter will a 1 s 0 be changed to "Sanitary
Sewers. " The amendments are requested in order to bring the
City's ordinance in line with EPA requirements and the City
of Boynton Beach's sanitary sewer ordinance. This will help
insure that the discharges processed by the South Central
Regional Water Treatment Plant are under the same
requirements.
P~sssd on ISí eSAùinc¡ l-{-o
® Prmted on Recycled Paper I OIJ.-1 c¡y /0·0
PF+s5fD dnO 2EA01flS S--O
10 (1l?/91.{
I
·
¡ ORDINANCE NO. 84-94
!
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 53,
I "RESIDENTIAL, INDUSTRIAL AND COMMERCIAL WASTE" , TO
PROVIDE FOR A CHANGE OF THE CHAPTER TITLE TO
"SANITARY SEWERS"; TO PROVIDE FOR A NAME CHANGE FOR
THE "FLORIDA DEPARTMENT OF ENVIRONMENTAL REGULATION"
TO THE "FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION" , AMENDING SECTION 53.051, "PROHIBITED
DISCHARGES TO SEWERS" , TO PROVIDE FOR ADDITIONAL
I MATERIALS WHICH ARE PROHIBITED DISCHARGES INTO THE i
CITY'S SEWER SYSTEM; AMENDING SECTION 53,052, i
"DISCHARGE OF CERTAIN WASTE RESTRICTED", BY AMENDING
SUBSECTION 53.052(G), TO PROVIDE FOR NEW LIMITS FOR
SUBSTANCES WHICH PASS THROUGH THE WASTEWATER
TREATMENT WORKS; AMENDING SECTION 53,056(B)(1)(e),
"ADMISSION OF INDUSTRIAL AND COMMERCIAL WASTE" , TO
PROVIDE FOR A TOTAL TOXIC ORGANIC CONTENT OF GREATER
THAN FIVE MILLIGRAMS PER LITER; AMENDING SECTION
53,080, "COMPLIANCE DATE REPORT", TO PROVIDE FOR ALL
MONITORING ANALYTICAL RESULTS TO BE SUBMITTED TO THE
CITY WITHIN 45 DAYS OF SAMPLE COLLECTION; AMENDING
SECTION 53.130, "USER CHARGES; WHOLESALE SEWER RATES;
CALCULATION OF SEWER CHARGE", BY AMENDING SUBSECTION
I 53,130(G)(2), TO PROVIDE FOR A CHANGE IN THE C,O,D.
FROM 600 MG/L TO 475 MG/L; AND TO REVISE THE SAMPLE
CALCULATION; AMENDING SECTION 53,140, "PUBLICATION OF
USERS IN SIGNIFICANT NONCOMPLIANCE", TO PROVI DE FOR
AN ANNUAL PUBLICATION AND AMENDING SECTION 53,140(1),
TO PROVIDE FOR $100,00 FEE TO COVER THE COST OF
PUBLICATION; PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AND EFFECTIVE DATE.
WHEREAS, the City Commission, on May 3, 1994, passed and
adopted Ordinance No. 22-94 which authorized the implementation of the
I Industrial Pretreatment Program; and
WHEREAS, the United States Environmental Protection Agency
reviewed Ordinance No. 22-94, and provided the City with suggested
I changes to bring the City's program into compliance with federally
mandated requirements; and
WHEREAS, the City desires to adopt the Environmental
Protection Agency's suggestions pursuant to the comments contained in
a letter to the South Central Regional Wastewater Treatment Plant on
April 21, 1994,
,
·
II
i
I NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
I
I CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Title V, "Public Works" , Chapter 53,
1 "Residential, Industrial and Commercial Waste", of the Code of
¡ Ordinances of the City of Delray Beach, Florida, be retitled "Sanitary
I
; Sewers" , and the same is hereby amended to read as follows:
I
i
I
i Section 53.002 POLICY AND SCOPE.
i
I The policy is established that the provisions of this
chapter will be enforced to the fullest extent possible under the
\ provisions of Federal Pretreatment Regulations 40 Code of Federal
I Regulations, Part 403 and Florida Administrative Code Rules, 17-302,
I 17-600, 17-604, and 17-610 issued by the Florida Department of
Environmental Protection ~ø!~~.ttø~ "FDEP" . The standards set forth
are minimum requirements to insure the general health and welfare of
I the public.
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i Section 53.023 COMPLIANCE WITH STATE DEPARTMENT OF ENVIRONMENTAL
I ~ß~~~¡ø. PROTECTION AND OTHER CURRENT REGULATIONS.
I
I The type, capacities, location, and layout of a private
I
sewage disposal system shall comply with all recommendations of the
I State Department of Environmental ~ø!~~.ttø~ Protection, No permit
i shall be issued for any private sewage disposal system employing
I sub-surface soil absorption facilities unless it conforms to all
!I
II
II current regulations, No septic tanks or cesspools shall be permitted
to discharge to any natural outlet.
I
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I Section 53.051 PROHIBITED DISCHARGES TO SEWERS.
¡
I
! No person shall discharge or cause to be discharged any of
!I
I the following described waters or wastes to any public sewers:
i
I (A) Flammable explosive liquids solids
, or or or gas,
including but not limited to, gasoline, benzene, naptha and fuel oil
I or other material with a closed cup flash point of less than 140
I degrees ~ahrenheit (60 degrees Celsius) . using the test method
s~ecified in 40 C,F.R, 261.21.
- 2 - Ord. No. 84-94
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Section 53.052 DISCHARGE OF CERTAIN WASTES RESTRICTED.
No person shall discharge or cause to be discharged to any
public sewer, the below described materials, waters, or wastes
(collectively, the substances) if it appears likely that acceptance of
those wastes can harm the wastewater treatment process or equipment,
the public sewers, the sanitary sewer systems, or have an adverse
effect on the rèceiving water body, or can otherwise endanger life,
limb, public property, or constitute a nuisance. The substances
restricted are:
(A) Any liquid having a temperature higher than 150 degrees
Fahrenheit or causing the wastewater treatment plant influent to
I exceed 104 degrees Fahrenheit.
(B) Any water or waste containing fats, wax, grease, or
oils, whether emulsified or not, in excess of 100 milligrams per liter
or containing substances which may solidify or become viscous at
temperatures between 32 degrees Fahrenheit and 150 degrees Fahrenheit
I (0 degrees C. and 65 degrees C.), and provided further that the User
complies with the requirements of the City's high strength sewer
I surcharge system.
I
I (C) Any waters or wastes containing strong acid, iron,
pickling wastes, or concentrated plating solutions whether neutralized
I or not,
I
II (D) Any waters or wastes containing phenols or other taste
¡ or odor producing substances, in a concentration exceeding limits
which may be established by the POTW as necessary after treatment of
the composite sewage to meet the requirements of the state, federal,
or other public agencies of jurisdiction for that discharge to the
receiving waters,
(E) Any garbage that has not been properly shredded.
(F) Any water or wastes having a pH lower than 5,5 or
higher than 9.5 or having any other corrosive property capable of
I causing damage or hazard to structure, equipment, or personnel or
I any wastewater treatment works.
I
I (G) Any waste containing restricted substances in
I quantities in excess of the following limits and measured at the point
of discharge into any sewer system, or any substance that will pass
through the wastewater treatment works and exceed the state and
federal requirements for receiving waters:
- 3 - Ord, No. 84-94
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I All values in milligrams liter (mg/l) except when
per
otherwise stated,
PARAMETER LIMIT (first level) Maximum Limit
Metals
I
Antimony 2.0 ¢~/'1-
Arsenic 0.9 ¢~/'1-
Cadmium ~/¡. ~ ¢~/'1-
Chromium - Hexavalent 0,5 ¢~/'1-
Chromium - Total 7/7 ~ ¢~/'1- I
Copper 2.00 ¢~/'1- !
Iron 5.00 ¢~/'1-
Lead ~/Ø~ .Q.....i ¢~/'1-
Mercury 0.01 ¢~/'1-
Nickel 0.70 ¢~/'1-
Selenium 0.25 ¢~/'1-
Silver ~/~'/J .L..Q. ¢~/'1-
Zinc 2,00 ¢~/'1-
,_t_JÍø~øt '4JÍt.~
Inorganics
Ammonia 50 ¢~/'1-/t~~t¢~_t~;Y/1 100.0*
Chloride 600 ¢~/'1-
Cyanide 1 ¢~/'1-
Cyanide
amenable to
Chlorination 0,5 ¢~/'1-
Fluoride 50 ¢~/'1-
pH 5.5 to 9.5 Standard Units
Organics
Bioloqical Oxygen
Demand (B.O.D.) 220 ¢~/'1-/t~~t¢~_t~;Y/1 500.0*
Chemical Oxyqen
Demand (C.O.D.) 440 ¢~/'1-/t~~t¢~_t~;Y/1 1.000,0*
. Oil and Grease 100 ¢~/'1-/t~~t¢~_t~;Y/1 100,0*
Petroleum
Hydrocarbons 25 ¢~/'1-
Phenol 5.0 ¢~/'1-
Phenolic
Compounds, Total 0.5 ¢~/'1-
- 4 - Ord. No. 84-94
,
·
Toxic Organic
Compounds, Total 7/~ ~ ¢q/1, No one Parameter
over 1 mg/l
, 1Ø~~~/~~~¢~ý~¢¢I///~'///¢~/~
,
,
,
i
I Physical
I
I
I 1$$ Total
I
I Suspended Solids 175 ¢q/~/f$~t¢~Jtq¢r/r 500,0* ¡
I Particle Size One-half inch or less
¡ Radioactive
I Elements None detectable
*Analytical results between "Limit (first level)" and I
"Maximum Limit" may be subject to high strength sewer ,
surcharge, Results above the "Maximum Limit" will be i
considered a violation of the City Ordinance with violators I
i
being published in "Public Notice II in a local newspaper and ,
I
levied a high strength sewer surcharge (refer to Section
I 53.130(G)),
i '/$~~~¢¢~/~Ø/~~~~/$~t¢~~~~/$¢~¢t/$~t¢~_t~¢/tt¢t¢t/~Ø/$¢¢~~Ø~
''J/J.'Jølørr/
I
I
I
i Section 53.056 ADMISSION OF INDUSTRIAL AND COMMERCIAL WASTE.
I
I All Users of the sanitary sewers shall recognize and comply
I
I with the following:
I
(A) The economy and desirability of the combined treatment
I
! of industrial and commercial wastes and sanitary sewage is recognized.
i However, not all types and quantities of industrial and commercial
wastes can be so treated, It shall be the City's policy to admit the
types and quantities of industrial and commercial wastes that are not I
I
I harmful or damaging to the structures, processes, or operation of the
II
sewage works or are not specifically prohibited. In all cases, a
special permit will be issued which will state specific conditions and
I requirements to be maintained. It is also recognized that to provide
I this service, additional facilities treatment are required, The
or
cost of wqich must be borne by the User receiving the benefits.
(B) ( 1 ) Approval in advance by the City is required for
the anticipated admission into the public sewers of industrial or
commercial wastes having:
- 5 - Ord. No. 84-94
\
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I
'I 1
I A five-day, 20 degrees C. B.Q,D. greater than
I (a)
I 220 milligrams per liter or chemical oxygen demand (C,O.D, ) greater
than 440 milligrams per liter,
I
( b) A suspended solids content greater than 175
milligrams per liter.
(c) Ammonia nitrogen greater than 50 milligrams
per liter.
(d) An oil/grease content greater than 100
milligrams per liter.
I (e) A total toxic organic content of greater than
~ ~ milligrams per liter - with no one parameter over 1 milligram per
liter,
(2) The User shall provide chemical analyses of the
discharge according to a schedule to be established by the POTW and
continued discharge shall be subject to approval of the City.
Section 53.060 COMPLIANCE.
I
(A) Industrial Users shall provide necessary wastewater
treatment as required to comply with this chapter and shall achieve
compliance with all national categorical pretreatment standards within
II the time limitations as specified by the federal pretreatment
regulations and as required by the City. Industrial Users with
I integrated facilities shall comply with any alternative discharge
I limits as set by the City. Any facilities required to pretreat
1 wastewater to a level acceptable to the City shall be provided,
i operated, and maintained solely at the User's expense. Detailed plans
I
I showing the pretreatment facilities and operating procedures shall be
submitted to the City for review at the request of the City. The
I review of those plans and operating procedures will in no way relieve
I the User from the responsibility of modifying the facility
! as
I necessary to produce an effluent acceptable to the City under the
I
I provisions of this chapter. Any subsequent changes in the
pretreatment facilities or method of operation shall be reported to
the City prior to the User's initiation of the changes.
I
. í
(B) All records relating to compliance with pretreatment
standards shall be available to officials of the City, the POTW, EPA,
or FDE~~ upon request.
i
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- 6 - Ord. No, 84-94
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II Section 53.080 COMPLIANCE DATE REPORT. r
I
Within thirty (30) days following the date for final
compliance with applicable pretreatment standards or, fn the case of a
¡ new source, following commencement of the introduction of wastewater
into the public/sanitary sewer system, the User shall submit to the
Utilities Director, a monitoring report indicating the nature and
concentration of all pollutants in the discharge from the regulated
process which are limited by pretreatment standards and requirements
and the average and maximum daily flow for these process units in the
User facility which are limited by those pretreatment standards or
requirements, The report shall state whether the applicable
pretreatment standards and requirements are being met on a consistent
basis and, if not, what additional pretreatment is necessary to bring ,
I
the User into compliance with the applicable pretreatment standards or I
requirements, All monitoring analytical results must be submitted to
the City within 45 days of sample collection. This statement shall be
signed by a registered professional engineer authorized to act on
behalf of the User,
Section 53.082 INSPECTION AND SAMPLING.
The City, through its employees, is authorized to inspect
the facilities of any User to ascertain whether all requirements are
being complied with. Persons or occupants of premises where
wastewater is created or discharged shall allow the City or its
representative ready access at all reasonable times to all parts of
I the premises for the purposes of inspection, sampling, records
I
I examination, records copying, or in the performance of their duties,
The City, POTW, Ø~_~Ø/¡Ji:~ ~, and EPA shall have the right to set up
¡ on the User's property those devices as are necessary to conduct
sampling inspection, compliance monitoring, or metering operations.
I Where a User has security measures in force which would require proper
identification and clearance before entry into their premises, the
User shall make necessary arrangements with their security guards so
I that upon presentation of suitable identification, personnel from the
City, POTW, Jl'J:J ~, and EPA will be permitted to enter, without
delay, for the purposes of performing their specific responsibilities.
.
- 7 - Ord. No. 84-94
.
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Section 53.130 USER CHARGES ¡ WHOLESALE SEWER RATES¡ CALCULATION OF
¡
I SEWER SURCHARGE.
(G) Calculation of Sewer Surcharge.
I
I
( 1 ) Calculation of the sewer surcharge shall be in
accordance with the following:
Percent of Allowable Level
Parameter Affect on Costs of Sewage Strength
B.O,D.-5 41 220 mg/l (ppm)
TSS 15 175 mg/l (ppm)
Ammonia 41 50 mg/l (ppm)
C.O.D. 41 440 mg/l (ppm)
Oil/Grease 41 100 mg/l (ppm)
Let:
F = F1 + F2 + F3 + F4
Where:
F = The factor to multiply the sewer rate for a
surcharge due to excess strengths I
F1 = The strength factor for B.O,D.-5 or C.O.D"
whichever is higher
F2 = The strength factor for TSS (total suspended
solids)
F3 = The strength factor for ammonia (total ammonia)
, I F4 = The strength factor for oil/grease
i
I
,
I (2) The surcharge will be added to the sewer rate to
I develop the monthly cost per customer. As an example of sewer charge
I calculations utilizing sewer rate and the strength surcharge formula,
assume th.e following with respect to Ajax Manufacturing Company:
total monthly flow of 100,000 gallons; C.O.D. of S(l(l .ill mg / I i
B.0.D.-5 of 500 milligrams per liter¡ total suspended solids of 900
milligrams per liter; ammonia at 100 mg/l¡ oil/grease at 200 mg / I ;
prevailing monthly sewer rate is $1J'¡ 81.79 per 1,000 gallons:
- 8 - Ord, No. 84-94
I, .
.
(a) Sewer Rate:
$~J~~ $1.79/1,000 gallons (100,000 gallons
per month) = $~~~ ~/month
(b) Sewer Surcharge Calculation:
Fl = 0.41 (500-220) = 0.52
220
F2 = 0.15 (900-175) = 0.62
175
F3 = 0.41 (100-50) = 0,41
50
F4 = 0.41 (200-100) = 0,41
100
F = 0.52 + 0,62 + 0,41 + 0.41 = 1.96
(c) Total Monthly Charge (Sewer Rate plus
Surcharge) :
$~~~ ~/month + $~~~ ~/month ( 1. 96)
= $~~~J~~ S529,84
I
! Section 53.140 PUBLICATION OF USERS IN SIGNIFICANT NONCOMPLIANCE.
The City shall publish at least one time annually, in the
largest daily newspaper published in the City a list of the industrial
users which, during the previous 12 months, were in significant
I noncompliance with applicable pretreatment standards and requirements.
I The term significant noncompliance shall mean:
(A) Chronic violations of wastewater discharge limits,
defined here as those in which sixty-six percent (66%) or more of
wastewater measurements taken during a 6-month period exceed the daily
maximum limit or average limit for the same pollutant parameter by any
amount; .
- 9 - Ord, No, 84-94
.
·
I (B) Technical Review Criteria (TRC) violations, defined
I here as those in which thirty-three percent (33%) or more of
I wastewater measurements taken for each pollutant parameter during a
6-month period equals or exceeds the product of the daily maximum
I limit or the average limit multiplied by the applicable criteria (1.4
I for B.O.D. , TSS, fats, oils and grease, and 1.2 for all other
I pollutants except pH);
I
(C) Any other discharge violation that the City believes
has caused, alone or in combination with other discharges,
interference or pass through (including endangering the health of City
I personnel or the general public);
(D) Any discharge of pollutants that has caused imminent
I endangerment to the public or to the environment, or has resulted in
the City's exercise of its emergency authority to halt or prevent such
a discharge;
(E) Failure to meet, within 90 days of the scheduled date, I
a compliance schedule milestone contained in a wastewater discharge
permit or enforcement order for starting construction, completing
construction, or attaining final compliance;
(F) Failure to provide within 30 days after the due date,
any required reports, including baseline monitoring reports, 90 day
compliance reports, periodic self-monitoring reports, and reports on
compliance with compliance schedules;
(G) Failure to accurately report noncompliance;
(H) Any other violation(s) which the City determines will
adversely affect the operation or implementation of the local
pretreatment program.
ill A 8100.00 fee shall be added to the water bill of a
violator during the month in which the violation is published in the
newspaper pursuant to subsection 53.140.
Section 2. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared þy a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid,
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
- 10 - Ord, No. 84-94
I
Section 4. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the 18th day of oc~a~
M A y~
ATTEST:
o ¿ ~'/f)}r.,j¡Æ ,/J!{,/!O r.o/
City C rk
First Reading October 4, 1994
Second Reading October 18, 1994
,
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I
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- 11 - Ord. No. 84-94 I
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