12-13-94 Regular
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DELRA \ BEACH
CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION REGULAR MEETING ~
AII·AmericI City
DECEMBER 13. 1994 - 6,00 P.M./PUBLIC HEARING 7,00 P.M. "III'
COMMISSION CHAMBERS
The City will furnish appropriate auxiliary aids and services where
necessary to afford an individual with a disability an equal opportunity
to participate in and enjoy the benefits of a service, program, or acti-
vity conducted by the City. Please contact Doug Randolph 243-7127
(voice), or 243-7199 (TDD), 24 hours prior to the program or activity in
order for the City to reasonably accommodate your request, Adaptive
listening devices available for meetings in the Commission Chamber,
RULES FOR PUBLIC PARTICIPATION
1. PUBLIC COMMENT: The public is encouraged to offer comments with the
order of presentation being as follows: City Staff, public comments"
Commission discussion and official action, City Commission meetings are
business meetings and the right to limit discussion rests with the
Commission. Generally, remarks by an individual will be limited to three
minutes or less, (10 minutes for group presentations). The Mayor or
presiding officer has discretion to adjust the amount of time allocated.
A. Public Hearings: Any citizen is entitled to speak on items
under this section.
B. Comments and Inquiries on Non-Agenda Items from the Public: Any
citizen is entitled to be heard concerning any matter within the
scope of jurisdiction of the Commission under this section. The
Commission may withhold comment or direct the City Manager to take
action on requests or comments.
C. Regular Agenda and First Reading Items: When extraordinary
circumstances or reasons exist and at the discretion of the
Commission, citizens may speak on any official agenda item under
these sections.
2. SIGN IN SHEET: Prior to the start of the Commission Meeting,
individuals wishing to address public hearing or non-agendaed items
should sign in on the sheet located on the right side of the dais. If
you are not able to do so prior to the start of the meeting, you may
still address the Commission on an appropriate item. The primary purpose
of the sign-in sheet is to assist staff with record keeping. Therefore,
when you come up to the podium to speak, please complete the sign- in
sheet if you have not already done so.
3. ADDRESSING THE COMMISSION: At the appropriate time, please step up
to the podium and state your name and address for the record. All
comments must be addressed to the Commission as a body and not to
individuals. Any person making impertinent or slanderous remarks or who
becomes boisterous while addressing the Commission shall be barred by the
presiding officer from speaking further to the Commission unless
permission to continue or again address the Commission is granted by
majority vote of the Commission member present.
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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. bpm me. eAnOCJLPH ItßS£n(
2. Invocation.
3. Pledge of Allegiance to the Flag.
4. Agenda Approval. g,c, to 914A'
Action: Motion to Approve. Qp (.U) A1v1 €tI 0 'd:)
S. Approval of Minutes: pq, 10 ~ 0 ð<-~ boffofY1
Regular Meeting of November 15, 1994
h{heJ}1o()'j . (lor h 0 IJ'/,'n 1
6. Proclamations:
7. Presentations:
8. Consent Agenda: City Manager recommends approval.
./ A. FINAL PLAT APPROVAL/ESTATES MANGO DE PARIS: Approve the final
rcP plat for Estates Mango de Paris, a proposed 15 lot single-
G.R ~f'0 family subdivision on 9.5 acres. The subject property is
oÞ¢' located on the west side of N.W. 4th Avenue, between N.W. 12th
Street and N.W. 13th Street.
B. RESERVATION AGREEMENT/PALM TRAIL PLAZA: Approve a reservation
agreement with Palm Trail Plaza, Inc., 800 Palm Trail, provid-
ing for the reservation of the southernmost 15 feet of Lot 10,
Block 5, Sophia Frey Subdivision, for future conveyance to the
City for road widening of the George Bush Boulevard right-of-
way.
C. HOLD HARMLESS AND MAINTENANCE AGREEMENT/PALM TRAIL PLAZA:
Approve an agreement with Palm Trail Plaza, Inc. , 800 Palm
Trail, to provide for the maintenance of the parking area along
the Palm Trail right-of-way and further providing a hold
harmless agreement to the City.
D. HOLD HARMLESS AGREEMENT/SPLENDID BLENDEDS. INC. : Approve a
hold harmless agreement with Splendid Blendeds, Inc., 432 East
~o0W Atlantic Avenue, to permit the establishment of a sidewalk cafe
toql~ in the public right-of-way adjacent to the restaurant.
Eal nc,swolVl-h - è-onc-f:.ei) ftðc>u.-r 5' c,.J ~f¡-n(!~
_ 2 _ oS -I-~ J.o /00 K- (+Ý' ftj A1 I)
lÞoIf>I'1~;~ ern ,/3
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E. AGREEMENT WITH COMMUNITY REDEVELOPMENT AGENCY/WEST ATLANTIC
AVENUE REDEVELOPMENT PLAN: Approve an agreement between the
City and the Community Redevelopment Agency for the preparation
of a Redevelopment Plan for West Atlantic Avenue (Redevelopment
Area #1) .
F. UTILITY EASEMENT FROM COMMUNITY REDEVELOPMENT AGENCY FOR
HISTORIC HOMES: Accept an easement deed from the Community
Redevelopment Agency granting an 8 foot utility easement along
the south boundary of Lot 6, Block 60, to provide a water main
extension to the two historic homes on Swinton Avenue.
G. UTILITY EASEMENT FROM COUNTRY MANORS ASSOCIATION: Accept an
easement deed from Country Manors Association granting a 12
foot utility easement in Country Manors, Section 3, to allow
for the installation of water main improvements east of
Military Trail.
H. REMOVED
1. RESOLUTION NOS. 95-94 THROUGH 98-94/ACOUISITION OF PROPERTIES
UNDER HOPE 3 HOUSING PROGRAM: Approve Resolution No. 95-94
authorizing the acquisition of property at 511 SE Angler Drive,
Resolution No. 96-94 authorizing the acquisition of property at
264 N. E. 14th Street, Resolution No. 97 - 94 authorizing the
acquisition of property at 5072 N.W. 5th Street, and Resolution
No. 98-94 authorizing the acquisition of property at 239 N.E.
1st Avenue for use under the Hope 3 Housing Program.
J. RESOLUTION NO. 99-94/AMENDED HOUSING INCENTIVE PLAN: Approve
Resolution No. 99-94 which amends the Housing Incentive Plan
pursuant to direction from the State Housing Finance Agency.
K. AWARD OF BIDS AND CONTRACTS:
1. Contract Award - one year renewable contract to Vulcan
Peroxidation Systems, Inc. for chemicals to remove odor
causing hydrogen sulfide from the City's wastewater
transmission system, in the amount of $116,997.20 with
funding from Lift Station Maintenance - Chemicals (Account
No. 441-5144-536-52.21).
2. Lease agreement - three-year lease of a Canon NP-8530
copier for the Planning & Zoning and Community Improvement
Departments. The monthly lease which includes a service
contract is $589.65, with funding from Planning and Zoning
Rentals and Leases - Equipment (Account No. 001-2511-515-
44.30).
3. Lease/purchase of photocopier (Kodak Model 2085) for City
Clerk's Office - from Eastman Kodak Company, via GSA
Contract, with lease financing through Barnett Bank at a
monthly cost of $861.11 for 48 months, plus $337.00 per
month maintenance. Funding is available from Debt Service
- Lease/Purchase (Account No. 001-7111-519-71.50).
-3-
,
4. Contract Award to Hardrives of Delray, Inc. for the North
Tank/City Attorney Office Site Modifications; recon-
structing an asphalt parking lot, stormwater retention
basin, landscaping, and irrigation improvements, with
funding in the amount of $161,420 from Capital Outlay -
Improvements City Attorney Block (Account No. 441-5161-
536-63.91) .
5. Bid Award - to Telcon, Inc. for the 24" Raw Water Main -
Phase III and associated road restoration from Military
Trail to Homewood Boulevard, with funding in the amount of
$977,443 from 1993 B Water and Sewer Revenue Bond
Construction - Wells Morikami Park 6 (Account No.
440-5179-536- 63.61).
6. Grant Awards - Four Housing Rehabilitation Grant Awards,
through the State Housing Initiatives Partnership Program
(SHIP) and the Home Investment Partnerships Program
(HOME), to be awarded as follows: $17,619 for rehabilita-
tion at 305 Roosevelt Avenue, $25,184 for 313 S.W. 15
Terrace, $18,884 for 216 S.W. 3 Avenue, and $13,613 for
709 S. W. 10 Street. Funding is available from SHIP
(Account No. 118-1924-554- 49.90), and HOME (Account No.
118-1923-554-49.19) .
9. Regular Agenda:
A. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Consider
H ~O accepting the actions and decisions made by the Site Plan
Review and Appearance Board and the Historic Preservation Board
during the period December 5, 1994 through December 9, 1994.
B. CONDITIONAL USE APPROVAL/PARKING LOT IN THE OLD SCHOOL SOUARE
HISTORIC ARTS DISTRICT: Consider conditional use approval for
4/0 the establishment of a parking lot on vacant property located
across from the Community Center on the east side of N.W. 1st
Avenue.
C. SPECIAL EVENT APPROVAL/BOOKFEST OF THE PALM BEACHES: Consider
endorsement of BookFest, approval of a temporary use permit for
H~O the use of tents and closure of N.E. 1st Avenue, approval of
staff support and waiver of one-half of associated overtime
costs, and waiver of LDR Section 4.6.7(J) (ii) to allow banners
and signs to be put up more than one week prior to the event,
BookFest is to be held in Delray Beach on February 17-19, 1995.
D. REOUEST FOR CONTRIBUTION/BOOKFEST OF THE PALM BEACHES:
O~ìWJ.l"'o Consider BookFest request for contribution in the amount of
$2,500.
E. SPECIAL EVENT APPROVAL/DELRAY AFFAIR: Consider approval of a
4....0 special event request from the Chamber of Commerce for the
aô~Delray Affair which is scheduled for April 21, 22 and 23, 1995.
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F. FORMATION OF A SOUTH PALM BEACH COUNTY SCHOOL BOARD ADVISORY
GROUP: Consider a recommendation of the Education Board that a
~. y 5" 0::I~BO~ fyt l)01'bS,../ dv -4- h. ~ voæ-t:.J,ßo~~~uJ¡M*¡;}
¡(I ø' 5V-. .to I¡~ o¡V11 VI- þt1 . I '/5 '
~ "0 coI'sif'"""q AÙ~':>P ~.y ~o G ~q j) ~., JJR: ",.0 dØV ,
¡µ v hi\! v(ltt -lc þ¡µo,þ 0/ ((ICY" I {Yf v
'I ..of ~
C. ORDINANCE NO. 96-94: An ordinance amending Chapter 35,
"Employee policies and Benefits", Subheading "Retirement Plan",
of the City Code by amending Sec. 35.089 to clarify the defini-
tion of "actuarial equivalence"; amending Sec. 35.097, "Retire-
~/O ment Income; Basis, Amount and Payment", to reflect the normal
form of benefit as a single life annuity; creating a new sub-
5\° section 35.097(J), "Maximum Pension" , a new subsection
35.097(K) , "Commencement of Benefits", a new subsection
35.097(L) , "Distribution of Benefits", a new subsection
35.097(M) , "Direct Transfer of Eligible Rollover Contribu-
tions" .
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:
A. ORDINANCE NO. 100-94: An ordinance amending LDR Section 1.3,
D0ìi~ "Non-Conforming Uses, Lots and Structures" , to provide for a
grace period for post-disaster reconstruction of residential
~...O and hotel/motel structures to existing heights and densities.
If passed, public hearing on January 3, 1995. Clf:I1R.EI2- ¡,nhrrf
13. Comments and Inquiries on Non-Agenda Items. d'étíJt. /(!./ì-TRskoph¡vH
A. Commission R'/so 100L R4
B. City Attorney I} on -,e ES, dE.ri wlrf
C. City Manager µ='I UiffE.. C./u-D:s
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~'{
SUBJECT: AGENDA ITEM 41: 3 A - MEETING OF DECEMBER 13. 1994
FINAL PLAT APPROVAL/ESTATES MANGO DE PARIS
DATE: DECEMBER 9, 1994
This is before the Commission to approve the final plat for Estates
Mango de Paris, a proposed 15 lot single family subdivision on 9.5
acres. The subject property is located on the west side of N.W.
4th Avenue, between N.W. 12th Street and N. W. 13th Street. It is
zoned R-1AAA which requires a minimum lot size of 12,500 square
feet. The proposed lots average more than 15,000 square feet in
size.
The Planning and Zoning Board reviewed this item on November 21,
1994, and voted unanimously to recommend that the final plat be
approved, subject to the condition that the plat and engineering
plans be revised to show the removal of the proposed seawall. This
condition has been satisfied.
Recommend approval of the final plat for Estates Mango de Paris.
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ref:agmemo6
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDEN, CITY MANAGER
THRU: DIANE DOMINGUEZ m~N¡J;;¿,
~ECTOR~DF~I'LANN~NG & ZOr(IN
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FROM: STEVE E. TA~L " /
PLANNER (j
SUBJECT: MEETING OF DECEMBER 13, 1994
ESTATES MANGO DE PARIS FINAL PLAT APPROVAL
**CONSENT AGENDA**
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of the final plat for Estates Mango de Paris, a
proposed 15 lot single family subdivision. The project is
located between N.W. 12th and 13th Streets, between N.W.
4th Avenue and Lake Ida.
This final plat is being processed pursuant to LDR Section
2.4.5(J), Major Subdivisions.
B A C K G R 0 U N D:
On April 18, 1994, the Planning and Zoning Board certified a
final plat for Estates Mango de Paris, an II-lot subdivision in
the Lake Ida neighborhood. In September, 1994, the applicant
submitted a revised final plat. The new plat proposes to
increase the number of lots from 11 to 15. The subject property
is zoned R-1AAA, Single Family Residential. Even with the
addition of four homesites, the proposed lots average more than
15,000 square feet in size, which exceeds the minimum lot size
of 12,500 square feet for lots in the R-1AAA.
The project dedicates additional right-of-way along all three
street sides. Tract "B" of the plat is within Lake Ida. The
large lot in the middle of the plat, Lot 11, is the homesite of
the current property owner.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at its
meeting of November 21, 1994. The Board transmitted a
recommendation of approval, subject to the following condition:
I
City Commission Documentation
Estates Mango de Paris - Final Plat
Page 2
* That the final plat and engineering plans be revised
to indicate the removal of the proposed seawall.
A revised plat and engineering plan was submitted on December 5,
1994, deleting the proposed seawall.
R E COM MEN D E D ACT ION:
By motion, approve the final plat for Estates Mango de Paris.
Attachment:
* Location Map & Reduced Plat
'I': MANGOCC. DOC
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDEN, CITY MANAGER
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THRU: D A .~~' DIRECTOR
DEPARTMENT F LANNING AND ZONING
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FROM: J P KINS, PLANNER
SUBJECT: MEETING OF DECEMBER 13, 1994 * Consent Agenda *
ACCEPTANCE OF A RESERVATION AGREEMENT FOR PALM TRAIL
PLAZA, 800 PALM TRAIL.
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is approval of
reservation agreement for a IS' right-of-way dedication for
George Bush Boulevard.
The subject property is the Palm Trail Plaza, located at
800 Palm Trail. It is located at the northwest corner of
Palm Trail and George Bush Boulevard.
BACKGROUND:
The subject property is an existing shopping center with
attendant parking and landscaping. At its meeting of October 5,
1994, the Site Plan Review and Appearance Board (SPRAB) approved
(4 to 0) a site and development plan for the addition of a 693
square foot dining area to a restaurant at the north end of the
center. The submitted survey shows a 50' right-of-way for
George Bush Boulevard. As the Comprehensive Plan calls for an
80' right-of- way in that location, SPRAB required the applicant
to dedicate IS' of right-of-way or submit a reservation
agreement. The applicant submitted the reservation agreement
and the City Attorney has accepted the document as to form and
sufficiency. A copy of the agreement is attached.
RECOMMENDED ACTION:
By motion, approve the reservation agreement.
Attachments: ~ ~~
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* Location Map
* Site Plan
* Reservation Agreement
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December 7, 1994
RETURN TO:
PALM TRAIL PLAZA, Inc.
Andre and MJ Stevens
800 Palm Trail
Delray Beach, Fl 33483
RESERVATION AGREEMENT
THIS RESERVATION AGREBNENT is made and entered into this
day of , 1994, by and between PALM TRAIL
PLAZA, Inc. , hereinafter referred to as "Owner" , and the CITY of
DELRAY BEACH, a municipal corporation existing under the laws of
the State of Florida, hereinafter referred to as "The City".
WIT N E SSE T H:
WHEREAS, Palm Trail Plaza, Inc. is the Owner of certain real
property situated in the County of Palm Beach, State of Florida,
more particularly described as Lots 3, 10, 11 and 12, Block 5,
SOPHIA FREY SUBDIVISION, according to the Plat thereof, recorded
in the Office of the Clerk of the Circuit Court in and for Palm
Beach County, Florida, in Plat Book 4, Page 37, but EXCEPTING,
therefrom the South 8 feet of said Lot 10, as conveyed to Palm
Beach County.
'.
WHEREAS, for explanation and convenience, but not to
specifically locate any buildings, structures, improvement, or
features, there is attached hereto as EXHIBIT:A a rendering of
the area; and
WHEREAS, the City has granted Palm Trail Plaza, Inc.' s
request for the continued use for parking of said property along
the George Bush Blvd. right-of-way as a parking lot subject to
Palm Trail Plaza, Inc. entering into this agreement providing for
a reservation of a portion of his land for the future conveyance
to the City, for the purposes of the City's establishment of road
widening of the George Bush Blvd. right-of-way.
WHEREAS, upon conveyance to the City of Delray Beach of the
right-of-way, the existing parking along the right-of-way shall
cease.
NOW, THEREFORE, in consideration of the mutual covenants and
promises herein contained, the adequacy of which is hereby
acknowledged, the parties hereby agree as follows:
1. Palm Trail Plaza, Inc. , its successors, heirs,
assignees, encumbrancers and future encumbrancers, hereby grants
to the City a continuing option for conveyance for the exclusive
purpose of the installation of a road right-of-way, and upon the
terms hereinafter set forth in this Agreement that certain
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portion of real property owned by Palm Trail Plaza, Inc. and
described as follows: the southern most IS feet of Lot 10, Block
5, SOPHIA FREY SUBDIVISION along George Bush Blvd. upon the City
of Delray Beach's written request by certified mail, the
aforesaid shall convey the Southern 15' Right-of-Way along George
Bush Blvd.
2. The City may at any time exercise its option as
hereinabove described by delivering to Palm Trail Plaza Inc., its
heirs, successors or assignees and encumbrancers a written notice
of its election to exercise said option to Palm Trail Plaza Inc.
and Palm Trail Plaza Inc. hereby agrees to convey free and clear
title to the City within thirty (30 ) days following the delivery
of written notice. The subject property is to be conveyed in its
then "as is" condition at no cost to the City except as set forth
below. The conveyance to the City shall be by Special warranty
Deed. The Owner shall pay recording fees and applicable
documentary stamp tax, if any.
3. The City agrees to provide such modifications, at the
City's expense, to Palm Trail Plaza Inc. ' s parking lot and
traffic flow to provide a new means or modification of existing
means of ingress and egress from Palm Trail Plaza Inc.'s property
onto the subject road right-of-way being constructed by the City
at time the City widens George Bush Blvd. adjacent to the subject
property. Said improvement shall be limited to those required as
a result of entrance modifications.
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4. BINDING EFFECT. This Agreement shall be binding upon
and inure to the benefit of the parties, their heirs,
representatives, successors and assigns.
5. LAW GOVERNING AGREEMENT. This Agreement shall be
governed by and construed in accordance with the laws of the
State Florida.
6. WARRANTY . This agreement shall be recorded by Owner
in the public records of Palm Beach County. Owner shall submit
evidence of such recording to the city within 20 days of
execution of this agreement. The Owner agrees that this
reservation agreement shall run with the land and shall be
binding upon the Owners, future owners, encumbrancers, their
successors, heirs and assignees.
7. SEVERABILITY. It is mutually understood that the
agreements and covenants contained herein are severable and in
the event any of them shall be held to be invalid, this Agreement
shall be interpreted as if such invalid agreements or covenants
were not contained herein.
IN WITNESS WHEREOF, the parties hereto have executed this
Reservation Agreement the day and year first above written.
. '
ATTEST: CITY OF DELRAY BEACH,
FLORIDA
By:
CITY CLERK MAYOR
Approved as to
Form and Legal
Sufficiency:
City Attorney
PALM TRAIL PLAZA, INC
By:
Witness
Name Printed or (Corporate Seal)
Typed
Witness
Name Printed or
Typed
. ,
CORPORATE ACKNOWLEDGMENT
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me
this _ day of , 1994,by
(name of officer or agent, title of officer or agent), of
(name of corporation acknowledging), a
(state or place of incorporation) corporation, on
behalf of the corporation. He/she is personally known to me lor
has produced (type of identification) as
identification.
Signature of Notary public-
State of Florida
Print, Type or Stamp Name
of Notary Public
'. '
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: T. HARDEN, CITY MANAGER
THRU:
FROM:
SUBJECT: MEETING OF DECEMBER 13, 1994 * Consent Agenda *
ACCEPTANCE OF A HOLD HARMLESS AND MAINTENANCE
AGREEMENT FOR PALM TRAIL PLAZA, 800 PALM TRAIL.
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is approval of
a hold harmless and maintenance agreement. The subject
property is the Palm Trail Plaza, located at 800 Palm
Trail. It is located at the northwest corner of Palm Trail
and George Bush Boulevard.
BACKGROUND:
The subject property is an existing shopping center with
attendant parking and landscaping. At its meeting of October 5,
1994 the Site Plan Review and Appearance Board (SPRAB) approved
a site and development plan for the addition of a 693 square foot
dining area to a restaurant at the north end of the center. The
existing center includes 12 parking spaces accessed directly
from the Palm Trail right-of-way, which are to be retained. As
the spaces are existing, SPRAB accepted them as a part of the
approved site plan with the condition that the applicant execute
a hold harmless and maintenance agreement with the City for the
spaces. The applicant has submitted the agreement and the City
Attorney has accepted the document as to form and sufficiency.
A copy of the agreement is attached.
SITE PLAN REVIEW AND APPEARANCE BOARD CONSIDERATION:
SPRAB considered this item at its meeting of October 5, 1994.
The Board voted 4 to 0 to approve the site plan, landscape plan,
and elevations, with recordation of a hold harmless and
maintenance agreement as a condition of approval.
RECOMMENDED ACTION:
By motion, approve the Hold Harmless and Maintenance Agreement.
Attachments:
* Location Map
* Hold Harmless and Maintenance Agreement
Op¡xwd on ~ fe·
" '
November 17, 1994
To: City Attorney
City of Delray Beach, Florida
From: Palm Trail Plaza, Inc.
Andre and MJ Stevens
AGREEMENT
This Agreement is made and entered into this ___ day of
, 1994, by an between the City of Delray Beach,
a Florida MUnicipal Corporation, herein after referred to as
the "City", and Palm Trail Plaza, Inc. , herein after
referred to as "Owner".
WITNESSED:
WHEREAS, Palm Trail Plaza, Inc. own property located on
the West side of North East 10th Avenue (Palm Trail) , North
of George Bush Blvd (N.E. Eighth Street) consisting of
approximately 0.67 acres, herein after referred to as "the
property" i and,
WHEREAS, the property is designated General Commercial
on the City's land use plan with zoning of GC (General
Commercial) i and,
" '
.
WHEREAS, the existing land use of the property exists
of 7370 square foot commercial structure, and thirty six
space parking lot; and,
WHEREAS, the owners development proposal is the
addition of 693 square foot building addition to accommodate
expansion of an existing 1,000 square foot restaurant with
associated parking and landscape improvements; and,
WHEREAS, the owner's project identified as Pineapple
Grille addition, as it currently exists, accommodates twelve
parking spaces backing onto Palm Trail right-of-way (a
continuation of the existing condition relative to the
existence of such parking) ; and,
WHEREAS, the Owner is required to maintain the existing
twelve back-up parking spaces along the Palm Trail right-of-
way, and¡
WHEREAS, The City Commission of the City of Delray
Beach's approval is conditioned on the owner's providing
maintenance of the parking areas and further providing a
hold harmless agreement to the City.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL
COVENANTS AND PROMISES HEREIN CONTAINED, THE ADEQUACY OF
WHICH IS HEREBY ACKNOWLEDGED BY THE PARTIES. THE PARTIES
HEREBY AGREE AS FOLLOWS:
1. The recitations set forth above are incorporated
herein.
2. The undersigned certifies that they are the owner
of the real property described above.
.
3 . The owner's covenant and agree that the back-out
parking area containing twelve parking spaces as described
above will be provided and maintained on the property by the
Owner in its current configuration.
4. Owner shall be responsible for maintenance of the
spaces. Maintenance shall include but not be limited to
reasphalting, striping and repairing all defects as may be
required from time to time.
5. The Owner Agrees that this covenant to maintain the
parking area and all other covenants in this agreement shall
run with the land and shall be binding upon the Owners, any
future owners, encumbrancers, their successors, heirs and
assignees and shall continue in effect so long as the use of
the building requiring such parking is maintained in its
current state or as currently contained within the approved
site plan approved October 5, 1994, a copy of which is
attached as Exhibit A.
6. The Owner, future owners, encumbrancers, their
successors, heirs and assignees shall defend, indemnify and
hold harmless the City, its agents, officers, and officials
and employees from any and all claims, suits, causes of
action or any claim whatsoever made arising from the Owners
maintenance or use of the parking spaces adjacent to the
Palm Trail right-of-way; and any and all claims, suits,
causes of action or any claim whatsoever made arising from
property damage and personal or bodily injury caused or
allegedly caused by the maintenance of the property or lack
'. '
I
thereof or the configuration of the parking as back-out
parking along the Palm Trail right-of-way.
7. Owners shall record this Agreement in the Public
Records of Palm Beach County and submit evidence of such
recording to the City within twenty (20) days of the
execution of this Agreement.
ATTEST: CITY OF DELRAY BEACH, FLORIDA
By:
City Clerk Mayor
Approved as to
Form and Legal
Sufficiency:
City Attorney
PALM TRAIL PLAZA, Inc.
By:
Witness
Name Printed or (Corporate Seal)
Typed
Witness
Name Printed or
Typed
. ,
I
CORPORATE ACKNOWLEDGMENT
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me
this _ day of , 1994,by
(name of officer or agent, title of officer or agent), of
(name of corporation acknowledging) , a
(state or place of incorporation) corporation, on
behalf of the corporation. He/she is personally known to me lor
has produced (type of identification) as
identification.
Signature of Notary public-
State of Florida
Print, Type or Stamp Name
of Notary Public
. ,
. .
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_~_~ L___~ERRACE ADDITION ~
4081 N.W. 80CA RATON Bt-VD., EIOC.A RA:ON. Fl..ORIOA. J.J.4.Jt
PHONE: (407) 362-6724 FAX; (0&07) J6.2-71e8
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fo...gfee
.-
MEETINGS AND OTHER HAPPENINGS IN CITY HALL
AND ALL AROUND TOWN
City Hall closed f the New Year's Holiday_
TUESDAY. JANUARY 3. 1995
Joint Venture/City Event Planning, Regular Meeting, 9:00 a.m., City Manager's
Conference Room,
City Commission, Regular Meeting, 6:00 p.m., Commission Chambers.
WEDNESDAY JANUARY 4 199
a.m., First Floor Conference Room.
gular Meeting, 6:00 p.m" First Floor Conference Room.
THURSDA Y JANUARY 5 199, J
Staff Breakfast. 7:30 a.m. Boston's Restaurant.
Development Service Management Group, Regular Meeting, 2:00 p.rn" Planning and
Zoning Conference Rom.
No Meetings Sch
.
. 01(
DÃ-l
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDEN, CITY MANAGER
THRU: Dfu~N~~~
DE PART ME; ß~ING
FROM: ERKINS, PLANNER
SUBJECT: MEETING OF DECEMBER 13, 1994 * Consent Agenda *
ACCEPTANCE OF A HOLD HARMLESS AGREEMENT BETWEEN THE
CITY AND SPLENDID BLENDEDS, INC. FOR THE ESTABLISHMENT
OF A SIDEWALK CAFE AT 432 EAST ATLANTIC AVENUE.
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is approval of
a hold harmless agreement between the City and the Splendid
Blendeds, Inc. to permit the establishment of a Sidewalk
Cafe.
The subject property is an existing restaurant located at
432 E. Atlantic Avenue. It is located on the south side of
Atlantic Avenue between SE 4th Avenue and SE 5th Avenue.
BACKGROUND:
The subject property is an existing restaurant located at 432
East Atlantic Avenue. The owner has petitioned the City for the
establishment of a sidewalk cafe in the public right of way
adjacent to the restaurant. The owner has submitted all
required information and met all requirements for a sidewalk
cafe, pursuant to LDR Section 6 . 3 .4. The attached agreement
must be approved and recorded before operation of the cafe can
be legally established. The City Attorney has reviewed the
attached agreement accepted the document as to form and
sufficiency.
RECOMMENDED ACTION: ~
By motion, approve the hold harmless agreement. /' lß!Ý- fø ~ 1J¡
Attachments: p~ ~ ~ ~
* Location Map ~ cy dJ.,.¡On
* Site Plan ~ ;;~
* Hold Harmless Agreement
F·jJ.
, '
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AGREEMENT AND GENERAL RELEASE
This Agreement and General Release, is made this
day of , 1994 by and between the City of
Delray Beach, Florida ("City") and Splendid Blendeds, Inc. a
Florida corporation, d/b/a Splendid Blendeds Cafe ("Cafe").
WIT N E SSE T H:
WHEREAS, Cafe, located at 432 East Atlantic Avenue,
City of Delray Beach, Florida, has requested a permit for a
sidewalk cafe pursuant to the requirements of Land Development
Regulation Section 6.3.4 of the City of Delray Beach; and,
WHEREAS, the Land Development Regulations of the City
of Delray Beach, Florida require proof of insurance and a
General Release in a form acceptable to the City Attorney of
the City of Delray Beach; and,
WHEREAS, Cafe agrees to abide by the Code of
Ordinances and the Land Development Regulations of the City
governing sidewalk cafes.
NOW, THEREFORE, for the mutual covenants and matters
set forth herein, as of the date set forth above, the parties
hereby agree as follows:
1. The recitations set forth above are incorporated
herein.
2. Cafe acknowledges that the City shall assume no
responsibility for said land, structures, improvements,
materials, appurtenances or furniture or the partial or
complete destruction or removal of the same on the subject
property.
"
3 . Cafe shall defend, indemnify, and- hoTcr--harmles-s
the City, its agents, officers, officials and employees from
any and all claims, suits, causes of action or any claim
whatsoever made arising from the issuance of a permit by the
City to establish a sidewalk cafe; and any and all claims,
suits, causes of action or any claim whatsoever made arising
from property damage and/or personal or bodily injury caused or
allegedly caused by any activity carried on under the terms of
the permit.
4. Cafe shall furnish insurance and insurance
certificate and maintain such public liability, food products
liability, and property damage insurance from all claims and
damages to property or bodily injury, including death, which
may arise from operations under the permit or in connection
therewith. Such insurance shall provide coverage of not less
than three hundred thousand dollars ($300,000) for bodily
injury, and property damage respectively, per occurrence. Such
insurance shall name the City, its officers and employees as
additional insureds and shall further provide that the policy
shall not terminate or be cancelled without thirty (30) days
written notice to the City.
5. A copy of the insurance certificate shall be
attached to this Agreement and incorporated herein as Exhibit
"A" .
ATTEST: CITY OF DELRAY BEACH, FLORIDA
By:
City Clerk Mayor
. '
· .
- - ----~-~--~~-~- .____ _·___u·_
Approved as to form and legal
sufficiency:
City Attorney
SPLENDID BLEND IDS , INC.
Witness
By:
Witness
(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
(name of corporation acknowledging), a Florida corporation, on
behalf of the corporation. He/she is personally known to me/or
has produced as identification
and did/did not take an oath.
Signature of Person Taking
Acknowledgment
Name of Acknowledgment Typed,
Printed or Stamped
Title or Rank
Serial Number, if any
txt1\splendid.rbs
'.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER 'Pfi' Þ
SUBJECT: AGENDA ITEM # ~ - MEETING OF DECEMBER 13, 1994
AGREEMENT WITH CRA/WEST ATLANTIC AVENUE REDEVELOPMENT
DATE: DECEMBER 9, 1994
This is before the Commission to approve an agreement between the
City and the Community Redevelopment Agency for preparation of
the West Atlantic Avenue Redevelopment Plan (Redevelopment Area
#1) .
At the Commission's direction, the Planning and Zoning Department
is assisting the CRA in the preparation of the plan. The City
Attorney accepted the agreement drafted by Planning and Zoning as
to form and sufficiency, and the CRA Board will consider approval
of the formal agreement at its meeting of December 22, 1994.
Recommend approval of the agreement between the City and the
Community Redevelopment Agency for the preparation of the West
Atlantic Avenue Redevelopment Plan.
~~ Gìì &~
" '
C I T Y COM MIS S ION DOC U MEN TAT ION
TO:
THRU:
FROM:
SUBJECT: MEETING OF DECEMBER 13, 1994 * Consent Agenda *
ACCEPTANCE OF AN AGREEMENT BETWEEN THE CITY AND THE
COMMUNITY REDEVELOPMENT AGENCY FOR PREPARATION OF THE
WEST ATLANTIC AVENUE REDEVELOPMENT PLAN.
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is approval of
agreement between the City and the Community Redevelopment
Agency for the preparation of a Redevelopment Plan for West
Atlantic Avenue (Redevelopment Area #1).
BACKGROUND:
At workshop meetings concerning the City's 1994/1995 budget the
Commission directed the Planning and Zoning Department to assist
the Community Redevelopment Agency (CRA) in the preparation of
the Redevelopment Plan for West Atlantic Avenue (Redevelopment
Area #1) . The Commission also directed the CRA to provide the
funding for the project from its budget. Preliminary work on
the plan is currently underway. Planning and Zoning drafted the
attached agreement which has been reviewed by the City Attorney
and accepted as to form and sufficiency. The CRA Board has
approved the scope of work and will consider approval of the
formal agreement at its Meeting of December 22, 1994.
RECOMMENDED ACTION:
By motion, approve the agreement between the City and the
Community Redevelopment Agency for the preparation of a
Redevelopment Plan for West Atlantic Avenue (Redevelopment Area
# 1) .
Attachments:
* Agreement
.
AGREEMENT BETWEEN THE CITY OF DELRAY BEACH, FLORIDA AND
THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY
This agreement is made and entered into this day of
-
December, 1994 by and between the CITY OF DELRAY BEACH, FLORIDA,
a Florida Municipal Corporation, herein after referred to as the
"City," and the DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY.
WIT N E SSE T H:
WHEREAS, the City's Comprehensive Plan requires the
preparation of a Redevelopment Plan for the West Atlantic Avenue
Redevelopment Area, which is referred to as Redevelopment Area
#1; and
WHEREAS, the City Commission has directed the Planning and
Zoning Department to assist the CRA in the preparation of the
Redevelopment Plan; and
WHEREAS, the City Commission has directed the CRA to fund
the preparation of the Redevelopment Plan.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND
PROMISES HEREIN CONTAINED, THE PARTIES HEREBY AGREE AS FOLLOWS:
1. The recitations set forth above are incorporated
herein.
2. The City shall assign one Planner in the City's
Planning and Zoning Department to the work of producing the
Redevelopment Plan.
3 . The official start date of the project is November 14,
1994.
4. The intended scope of work is to produce documents
outlining a Redevelopment Plan which incorporates the
.
information contained in the outline approved by the Visions
West Atlantic Redevelopment Plan Committee at its meeting of
November 11, 1994, attached hereto as EXHIBIT "A".
5. The assigned Planner will devote approximately 20-25
hours per week to the preparation of the Redevelopment Plan.
6 . The CRA will make available any information currently
collected for the plan as well as providing support assistance.
7. The estimated completion date for the project is March
31, 1995.
8. The CRA will pay for the cost of a planner to produce
the Redevelopment Plan. The estimated cost for the project,
based on an hourly rate of $17.10/hour including benefits for 25
hours per week for 20 weeks is $8,850. The CRA will pay the
costs for the planner including all costs in excess of the
estimate, however, the maximum amount to be paid by the CRA to
fund the Redevelopment Plan shall be no more than $10,000. A
lump sum payment will be due when the Redevelopment Plan is
completed or by March 31, 1995, whichever date is earlier. If
the Redevelopment Plan is not completed by March 31, 1995,
payment for services provided up to March 31, 1995 will be made
with the remaining balance due for the services provided by the
City after March 31, 1995 when the Redevelopment Plan is
completed.
9. Costs of supplies, excepting reproduction of the
completed plan, will be borne by the City.
10. Aspects of the plan requiring special expertise that
is beyond the scope of the Planning and Zoning Department are to
~ '
·
be produced by other qualified individuals and included in the
completed plan. The costs or fees charged for the special
expertise will be paid for by the CRA.
11. Prior to the effectiveness thereof and pursuant to
the requirements of Section 163.01(11) of the Florida Statutes,
this agreement shall be filed with the Clerk of the Circuit
Court of the Fifteenth Judicial Circuit in and for Palm Beach
County, Florida.
12. No prior or present agreements or representations
shall be binding on the City or the CRA unless included in this
contract. No modification or change in this contract shall be
valid or binding upon the parties unless in writing and executed
by the party or parties intended intended to be bound by it.
13. The invalidity of any portion, article, paragraph,
provision, clause, or any portion thereof of this contract shall
have no effect upon the validity of any other part or portion
hereof.
14. To the extent allowed by law the venue for any action
arising from this contract shall be in Palm Beach County,
Florida.
15. This contract shall be governed by and in accordance
with the Laws of the State of Florida.
16. Neither the City, nor the CRA, shall assign, conveyor
transfer any rights or interest in this Agreement without the
written consent of the other.
, '
ATTEST: CITY OF DELRAY BEACH, FLORIDA
City Clerk Mayor
Approved as to Form and
Legal Sufficiency
City Attorney
ATTEST: COMMUNITY REDEVELOPMENT AGENCY
By:
Chairman
. '
EXHIBIT "A"
WEST ATLANTIC AVENUE REDEVELOPMENT PLAN
OUTLINE
NOVEMBER 1994
I. INTRODUCTION
A. Purpose of the Redevelopment Plan
B. Background and History of the West Atlantic Avenue
Area
II. Existing Conditions
A. Definition of Area
B. Existing Land Use
1. Land Use Map
2. Land Use Summary Table
3. Tenant/Owner Status
C. Demographics
D. Database by Property
1. Property Values
2. Historic Structures
E. Infrastructure
1. Traffic and Transportation
a. Traffic Counts
b. Public Transportation
c. Parking Inventory
d. Alleyways
e. D.O.T. (Widening and Concurrency)
2. Water Distribution
3. Sewer Collection
4. Storm Sewer Collection
5. Telephone Distribution
6 . Electrical Distribution
a. Existing Service
b. Undergrounding
7 . Fire Protection
a. Fire Flow
b. Hydrant Distribution
, '
Redevelopment Plan - Outline
Page 2
8. Police Crime Report
G. Organizations
I. Delray Merchants Association
2. West Atlantic Property Owners Association
3. Community Redevelopment Agency
4. Peach Umbrella Merchants Associates
5. TED Center
6. Atlantic Avenue Task Force
7 . Visions 2005
8. Haitian-American Association
9 . 600 Block Association
10. City of Delray Beach Community Improvement
Department
II. City of Delray Beach Police Department
12. City of Delray Beach Historic Preservation Board
13. City of Delray Beach Planning and Zoning
Department
14. Downtown Development Authority
15. Delray Beach Community Development Corporation
. '
Redevelopment Plan - Outline
Page 3
III. OPPORTUNITIES AND CONSTRAINTS
A. Historic Structures
l. Paradise Club
2. Amber House Restaurant
3. Mount Olive Church
4. Residences
5. Others?
B. Parking Demand
C. Contiguous Ownership
D. Streets cape and Beautification
l. Maintenance
E. Crime Management and Public Safety
l. Prevention
2. Image
3. Drugs and Alcohol
F. Zoning Districts
l. GC (General Commercial)
2. OSSHAD (Old School Square Historic Arts District)
3. RM (Multiple Family Residential - Medium Density)
4. R-l-A (Single Family Residential)
5. CF (Community Facilities)
6 . West Atlantic Avenue Overlay District -
Feasibility
a. Uses
b. Setbacks
c. Review by Visions A.R.C.
d. Height Limits
e. Other Development Standards
7. Compatibility With the Vision
8. Non-conforming Uses
G. Infrastructure Limitations
H. Urban Design Issues
l. Entrance Feature(s)
a. Symbolic Function
b. Design Concept
c. F.D.O.T. Sound Barrier
2. Site Analysis by Use
. '
Redevelopment Plan - Outline
Page 4
a. Public Institutions
1. Library
2. Courthouse Expansion
b. Supermarket
c. Fast Food
d. Service Station
e. Hotel
f. Parking
d. Service Station
I. Empowerment Zone
L. Economic and Cultural Center for the Community
1. Entertainment Uses
2. Neighborhood Commercial
3. Culturally Related Uses - Museum, etc.
'. '
Redevelopment Plan - Outline
Page 5
IV. THE REDEVELOPMENT PLAN
A. The "Vision"
B. Future Land Use
1. Permitted Land Uses
2. Intensity of Land Uses
3. Master Parking Plan
a. On-Street Parking
b. Public Off-Street Parking
c. Private Off-Street Parking
d. Cross-Parking Rights
e. Design Issues
1. Lighting
2 . Landscaping
3. Other
C. Land Development Regulations
1. Zoning Designations
2. Land Use Compatibility
3 . Buffers
4. Building Setbacks
5. Building Heights
6. Building Widths
7 . Parking Requirements
1. In-lieu Fee
8. Access and Curb Cuts
9 . Review by Visions A.R.C.
10. Signage Regulations
11. Landscaping Standards
1. Street Trees
2. On-site Requirements
D. Infrastructure Improvement Plan
1. Traffic Circulation
a. Vehicular Traffic Circulation
b. Pedestrian Traffic Circulation
c. Public Transportation
d. Relationship to Parking System
2. Water Distribution
3. Sewer Collection
4. Storm Sewer Collection
5. Electrical Distribution
a. Existing Service
b. Undergrounding
. '
Redevelopment Plan - Outline
Page 6
E. Police and Safety
F. Business Assistance and Economic Development
1. SBA Loan Program
a. Lo Doc
b. 504
2. CRA Subsidized Loan Program
3. CRA Loan Guarantee
4 . CRA Business Assistance Grants Program
5. CRA Historic Facade Easements
6 . CRA Land Assemblage
7 . West Atlantic CDC
8. Grants
a. ISTEA
b. EDA
9 . Empowerment Zone
10. State Enterprise Zone
G. Relocation Policies
H. Maintenance
1. Public - City
2. Private - Cooperation bit Property Owners, DMA,
etc.
1. Architectural Design Guidelines
1. Building Styles and Types
2. Color
3. Signage
4. Scale
5. Architectural Detail
6. Rehabilitation
7 . West Atlantic ARC
M. Implementation
1. Processing of Land Use Plan Amendments
2. Processing of LDR Amendments
3. Project Coordinator
a. Public Relations and Marketing Strategy
'.
.
-'1\
. L-
ff¡v' ,
[IT' DF DELRA' BEA[H
CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444
FACSIMILE 407/278-4755 Wr1.ter·.. D1.rec::t L1.ne
DELRAY BEACH (407) 243-7090
F LOR I D A
b.ed
AI~America City
" III! MEMORANDUM
Date: December 6, 1994
1993
To: City Commission
From: David N. Tolces, Assistant City Attorne~
Subject: Easement from CRA for Historic Homes
Water Main Extension
The attached easement was obtained from the Community
Redevelopment Agency in order to provide a water main
extension to the historic homes. The easement will be the
eight feet along the southern boundary of the property.
Acceptance of the easement is recommended.
Please call if you have ~ny questions.
DNT : smk
Attachment
cc: David T. Harden, City Manager
Sharon Morgan, City Clerk's Office
Dan Beatty, Acting City Engineer
cra-1.dnt
~~ OY)~
};2/13/9'1
@ Printed on Recycled Paper f,f
.. ,
Prepared by: RETURN:
David N. Tolces, Esq.
City Attorney's Office
200 N.W. 1st Avenue
Delray Beach, Florida 33444
EASEMENT DEED
THIS INDENTURE, made this .tz!!~day of 'uðl'EJ'(ðL-K--, 1994, by and between
COMMUNITY REDEVELOPMENT AGENCY, whose address is 207 East Atlantic Avenue, De1ray
Beach, Florida 33483, party of the first part, and the CITY OF DELRAY BEACH, 100 N.W.
1st Avenue, Delray Beach, Florida 33444, a municipal corporation in Palm Beach
County, State of Florida, party of the second part:
WITNESSETH: That the party of the first part, for and in consideration of
the sum of Ten ($10.00) Dollars and other good and valuable considerations to it in
hand paid by the said party of the second part, the receipt of which is hereby
acknowledged, does hereby grant, bargain, sell and release unto the party of the
second part, its successors and assigns, a right of way and perpetual easement for
the purpose of: installation and maintenance of public utilities with full and free
right, liberty, and authority to enter upon and to install, operate, and maintain
such public utilities under, across, through and upon, over, under or within the
following described property located in 'Palm Beach County, Florida, to-wit:
DESCRIPTION
The south 8' of Lot 6, Block 60 as recorded in Town of Delray
Plat Book 1, Page 3.
Said Easement containing ,024 acres more or less.
Concomitant and coextensive with this right is the further right in the
party of the second part, its successors and assigns, of ingress and egress over and
on that portion of land described above, to effect the purposes of the easement, as
expressed hereinafter.
That this easement shall be subject only to those easements, restrictions,
and reservations of record, That the party of the first part agrees to provide for
the release or subordination of any and all mortgages or liens encumbering this
easement. The party of the first part also agrees to erect no building upon the
above-described property.
It is understood that upon completion of such installation maintenance or
repair all lands disturbed thereby as a result of such installation maintenance or
repair or spoilage deposited thereon, will be restored to its original condition or
better without expense to the property owner.
Party of the first part does hereby fully warrant the title to said land
and will defend the same against the lawful claims of all persons whomsoever claimed
by, through or under it, tñáè 'it 11as good right and lawful authority to grant the
above-described easement and that the same is unencumbered. Where the context of
this Easement Deed allows or permits, the same shall include the successors or
asaigns ~f ~~e parties.
IN WITNESS WHEREOF, the parties to this Easement Deed set their hands and
seals the day and year first above written.
WITNESS U:
;/t'''f'~ ],-~ ~
It.~ÿl '¡Nt/ ~.+~
(name printed or typed) (name printed or typed)
, '
:
~ss '2:
'L.~\j.-JN'~
, S~,Z./ ,jÓ/~A/.5C¡r/
(name printed or typed)
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrumen~was acknowledged before me this -ß" {to. day of
Æ.kVEH&~ . 1994, by [y'llJ E4t1Ai who is personall:(
known to me/or has produced (type of identifi-
cation) as identification and did (did not) take an oath. :;Je....k.. {,'-t....<.... .----.
Signature of Notary Public -
state of Florida RVEY
~~ "/I, DIANE G, ~33250&
, " COMMISSION'
IIIPIAES NOV 2S, 1 ee7
Print, 0
Notary Public
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[IT' DF DELRA' BEA[H
CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444
FACSIMILE 407/278.4755 Wr.i.t:.er· _ D.i.rec::t:. L.i.n_
DELRA Y BEACH (407) 243-7090
F lOR I D A
b8w:II
All,America City
" III! MEMORANDUM
Date: December 5, 1994
1993
To: City Commission
From: David N. Tolces, Assistant City Attorne~
Subject: Acceptance of Utility Easement - Country Manors
The attached easement was obtained from the Country Manors
Homeowners Association to allow for the installation of
water main improvements east of Military Trail. Acceptance
of the 12' easement is recommended.
Please call if you have any questions.
DNT:smk
Attachment
cc: David Harden, City Manager
Sharon Morgan, City Clerk's Office
Dan Beatty, Acting City Engineer
manors.dnt
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Prepared by: RETURN:
David N. Talces, Esq.
city Attorney's Office
200 N.W. 1st Avenue
Delray Beaoh, Florida 33444 '~..............
I
EASEttENT DEED
~day of Not~er, - - ..
THIS INDENTURE, made this 1994, by and between ------
COUNTRY MANORS ASSOCIATION, whose address is 4900 country Manors 13oulevard, Delray
Beaoh, Florida 33445, party of the firat part, and the CITY OF DELRAY BEACK, 100 N.W.
,,- 1st Avenue, Delray Beach, Florida 33444, municipal corporation in Palm Beach
a
County, state of Florida, party of the second part:
WITNESSETH I That the party of the first part, for and in consideration of
the sum of Ten ($10.00) Dollars and other good and valuable consideration. to it in
hand paid by the said party of the second part, the receipt of which is hereby
acknowledged, does hereby grant, bargain, sell and release unto the P&J::'ty of the
second part, ite successors and assigns, a right of way and perpetual easement for
the purpose of: installation and maintenance of public utilities with full and free
right'., liberty, and authority to enter upon and to install, operate, and maintain
auch utili ti~s well under, acrOB8, through and upon, over, under or withil'\ thg
following described property located in Palm B@ach County, Florida, to-wit: i
DE:SCRIJ?!10tl .
An Easem@nt 12 feet wide in country Manors section J,
ac~ording to the plat'. thereof recorded in plat Book 31, Page
90 and 91 of i:he Public Recorda of Palm B@ach County,
Florida, the centerline of which is described as follows:
/
Commence at the Northwest corner of the Southwest quarter (SW
1/4) of Section 12, Township 46 South, Rang@ 42 I!:ast, Palm
Beach County, Florida; thence 5.8g038'OO"E., alon9 the North
line of said Southwest quarter (SW 1/4) of Section1 2, 60.00
f"'lSt; thenc8 5.0°:27' J6"J!:., along It lI.nliJ 60.00 feet Itagt of
and parallel with the West line of said s@ction 12, 421. 54
feet to the point of beginnil19; thence N, 90000'OO"E., 96,94
feet to the intersection with the centerline of the 10 foot
wide easement for water main as shown on sald plat of Country
Manors section three.
The North and South linea of ~aid ea~ement to be extended or
ehortened to end at the said line 60.00 f@st Eagt ot and
parallel with the Weat lina of section 12 and to end at the
We"t Una of the 10 foot wide easement for water main ae
shown on the said plat of Country Manors Section Three.
Concomitant and coextensive with this r i9 ht i8 the further right in the
party of the second part, its SUccessors and assigns, of ingress and egress ove~ and
. - - .- _I?n t~~~,E.'~rti,o':!. of 1.a!1d ?e~cr ibed abc:,:,eL to effect _~~.'p,:,rE...o_l!~s of the~iI.!!~J;." a~ ._. ___
expresM@d nerøinattar. '
That this easement shall be subject only to those eaeements, restrictions,
and r@Berv~tiona of record, That the party of the first part agrees to p~ovide for
the release or subordination of any and all mortgages or liens encumJ:>erin9 this
Qagement. The party of the first part also agrees to erect no building or effect any
other kind of conetruction or improvements upon the above-described property.
It Ü, understood that upon compietion of such ingtallation, all laodo
disturbed thereby as a result of such installation or epoilage deposited thereon,
will be restored to its original condition or better without expense to the property
owner.
Party of the first part does hereby fully warrant the title to said land
and will defend the Bam~ against the lawful claims of all persona whomsoever claimed \
by, through or under it, that it has good right and lawful authority to grant the
above-dE>scrlbed easement and that the same is unencumbered. Where the context of
\
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this Easement Deed allows or permits, the same shall include the succsssors or
assigns of the parties.
IN WITNESS WHEREOF, the parties to this Easement Deed Bet their hands and
seals the day and year first above written.
WITNESS #1; / THE FIRST
,; <2- 4:
,C~ '/ 1~'~-rOr
Rose A. S7.P,PP8S}L L~O...I\t?~ í! R¡4LG
(name printed or typed) (name printed or typed)
~~ ~ ~CAI-YTí~J~'
wITNESS '2: _ __ _ _ _., ___-
Z~~~
Eugene Stir.kJey . I
(name printed or typed)
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this 16 th day of
November , 1994, by Jerome P. RaIl (name of officer or
agent, title of officer or agE!nt, of Cn1Jntr..y M?n("}!'~ :'>c;c;oC" Inc, (name of
corporation acknowledging), a F10rirlrl (state or place of incorpOIration),
corporation,_ on behaJ.£ of the corporation. He/~..< i8 personally known to mE'W.Q&:_ba.5-
~~~d _ ~~.~~*~4t~~Q~~~Q-~~~~~~
",nd,M,,¡ ( d J.d not) take an oa t h . "f '
~ -~
í~~ ~~
. signature of Notary Public -
state of Florida
~.. "OIll,",OAllIELOVITS .
~ if; ~~pM~SStON' CC 35.6<Q1 ,IU a If' ~ IV' e .þ 4 N I e /., (,... I Ii:
. ~ InES ....R 16 1
'·'OFf\.~~ AT! eo~orUf\J 998 Print, Type or Stamp Name of
LANnc BONDING CC"INC. Notary Public
-"
-". ....- .. -. --- ," ..- -' - .-- - --- --- - - ~ ...----- -,- - -
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Ö'ßRIEt~, SUITER & O'BRIEN, INC.
t.and Surveyors .
7/11)1 tt, Ifo~n^t ,IIGIIW^Y tJH!I^Y 27(.,l~O\
Ofll!^Y ~F.^C", flonlDA J~483 ~OYIHOH 732-3271'
DESCRIPTION OF EASEMENT:
AN EASEMENT 12 FEET WIDE IN COUNTRY MANORS SECTION THREE,
ACCOnDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 31, PAGES 90
AND 91 OF THE: PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, THE
CeNTERLIN~ OF WHICH IS DESCRIBED AS FOLLOWS:
COHHENCE AT THE NORTHWEST CO~NER OF THE THE SOUTHWEST QUARTER
(SW.l/4) OF SECTION 12, TOWNSHIP 46 SOUTH, RANØE 42 EAST, PALM
BEACH COUNTY i f:'LOR IDA; THENCE S. 890 38 · oO"e ., AlOtH1 THe: NORTH II NE
OF SAID SOUTHWEST QUARTER (SW,'/4) OF SECTION 12, 60.00 FEET;
THENCE s. 00 27' 36"E, , ALONG A LINE 60.00 FEET EAST of AND PARALLEL
WITH THE WEST LINE OF SAID SECTION , 2 , 421.54 FEET TO THE. POINT OF
BEGINNING: THËNCE N.90000'OO"E. 7 96.94 FEtT TO THE INTERSECTION
WITH THE C~NTERLINË OF THE 10 FOOT WIDE EASEMENT FOR WATER MAIN AS
SHOWN ON SAID ÞLAT OF COUNTRY MANOnS SECTION THREE.
THE NORTH AND SOUTH LINES OF SAID EASEMENT TO BE EXTEtJDED OR
SHORTENED TO END AT THE SÄID LINE 60.00 FEET EAST OF AND PARALLEL
WITH THE WEST LINE OF SECTION 12 AND TO END AT THE WEST LINE OF
THE 10 FOOT WIDE EASEMENT FOR WATER MAIN AS SHOWN ON THE SAID PLAT
OF COUNTRY MANORS SEOTION THREE.
..
,'I ORDER NO. 94-225
SHEET 2 OF 2
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,oj O'BRIEN, SUITER & O'BRIEI, IIC.
-~~1);f(1ri£ ---~. ENGINEERS, SURVEYORS, LAND PLANNERS
2601 NORTH fEDERAL HIGHWAY, O!:LRAY a~ACH. FLORIDA
CA'L; ~ :9 Y 4- $(A~~, /,/ ~ ~ ~'
I,.{ /ltJ vCt/~~//¿--/~;( ;}PZ.!. ! ~('~ "r /
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·
M E M 0 R A N D U M
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER tJ'Jv'1
SUBJECT: AGENDA ITEM # FI - MEETING OF DECEMBER 13. 1994
RESOLUTION NOS. 95-94, 96-94. 97-94 AND 98-94/AUTHORIZING
ACOUISITION OF PROPERTIES UNDER HOPE 3 HOUSING PROGRAM
DATE: DECEMBER 8, 1994
This is before the Commission to approve four resolutions
authorizing the acquisition of properties for use under the HOPE 3
Housing Program. They are:
Resolution No. 95-94 for property located at 511 SE Angler
Drive; purchase price $41,500.00.
Resolution No. 96-94 for property located at 264 N.E. 14th
Street; purchase price $39,600.00.
Resolution No. 97-94 for property located at 5072 N.W. 5th
Street; purchase price $41,500.00.
Resolution No. 98-94 for property located at 239 N.E. 1st
Avenue; purchase price $59,850.00.
The City, in partnership with the Palm Beach County Housing
Partnership, Inc. , was awarded a $430,000 grant from the U.S,
Department of Housing and Urban Development for the HOPE 3 Housing
Program. It is designed to provide home ownership opportunities
for low to moderate income home buyers through the acquisition of
government-owned properties. These four parcels are the first to
be purchased for use under the program. Closing for one of the
properties is scheduled for no later than December 31st, with the
other three to be closed on by January 31, 1995.
Funding for the total amount of $182,350.00 is available from the
HOPE 3 Grant - Land Acquisition Cost (Account No. 118-1922-554-
61.10).
Recommend approval of Resolution Nos. 95-94, 96-94, 97-94 and 98-94
for the acquisition of properties under the HOPE 3 Housing Program.
ref:agmemo4 ~J/7 ê~
,
Agenda Item No.: ffX
AGENDA REQUEST
Request to be placed on: Date: November 28. 1994
Regular Agenda
Special Agenda
Workshop Agenda December 3. 1994
x Consent Agenda When:
Description of item (who, what, where, how much): Requests Approval
to acquire 4 properties under the HOPE 3 Housing Program. Total acquisition
costs: $182.350. Funding available from the HOPE3 Grant Funds
(Example: Request from Atlantic High School lior $2,000 to fund
project graduation). /' /
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft\Attached: YES/NO
\
Recommendation:
(Example: Recommend approval with funding from Special Events
Account No. 001-3333-555-44.55).
Department Head Signature: ~¡5~ -.;7-___
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving
expenditure of funds):
Funding available: BND HO/£ 8Glftllf
Funding al ternati v. . iiiÆ _ (if applicable) -
Account No. & Description: 1/1r¡C122,- ~ (¡I-IO f1()PC.3-LltNÞ !tC/PlL(SllfoJ
Account Balance: "W,(Cf) I r ' v COSI'
City Manager Review:
Approved for agenda: @YNO V/J
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action: Approved/Disapproved
" '
M E M 0 RAN DUM
November 29, 1994
To: David Harden, City Manager
From: Dorothy Ellington, Community Development coordinatortJ~
Thru: Lula Butler, Community Improvement DirectorlJ2)
Subject: HOPE 3 Property Acquisition
Commission Meeting 12/6/94
ITEM BEFORE THE COMMISSION
This is to request approval to acquire four single family housing
units under the HOPE 3 Housing Program at an average cost per
unit of $45,587. The cost of acquiring all four units total
$182,350.
BACKGROUND
The City in partnership with the Palm Beach County Housing
Partnership was awarded a grant in the amount of $430,000 from
the U. S. Department of Housing and Urban Development. The Grant
Agreement was executed in March 1994.
The HOPE 3 Program is designed to provide homeownership
opportunities for low/moderate income home buyers through the
acquisition of government-owned properties. During the 1st six
months of our program (March - September) there were no
eligible properties available to acquire. Since September 1994,
we were successful in our bid to acquire four properties from
HUD. Contracts were submitted by the Housing Partnership on our
behalf with closing to be scheduled no later than December 31 for
one property and January 31 for the remaining 3. We are
preparing to close on these properties by December 31.
Upon purchase of the properties, funding is available to
rehabilitate them, provide assistance to homebuyers (if necessary
for them to acquire the properties) and then sell the units at
market value. Once the properties are sold, sales proceeds will
be revolved to provide for additional homeowner opportunities.
While we expect to provide assistance to 10 home buyers
initially, as many as 20 home buyers may benefit in the future.
Private mortgage dollars have been pledged by three local banks.
RECOMMENDATIONS
Staff recommends approval of this request, authorizing the
Housing Partnership to close on the properties with the City of
Delray Beach accepting Title.
,
1
RESOLUTION NO. 95-94
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO
PURCHASE FROM SELLER CERTAIN REAL PROPERTY IN PALM
BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY
INCORPORATING AND ACCEPTING THE SALES CONTRACT
STATING THE TERMS AND CONDITIONS FOR THE SALE AND
PURCHASE BETWEEN THE SELLER AND THE CITY OF DELRAY
BEACH, FLORIDA, IN PARTNERSHIP WITH THE PALM BEACH
COUNTY HOUSING PARTNERSHIP, INC.
WHEREAS, the City of Delray Beach, Florida, in partnership
with the Palm Beach County Housing Partnership, Inc, , wishes to
acquire certain property located at 511 SE Angler Drive, Delray Beach,
Florida, to provide home ownership opportunities for low to moderate
income home buyers under the HOPE 3 Housing Program; and
WHEREAS, the Seller hereinafter named desires to sell the
property hereinafter described to the City of Delray Beach, Florida;
and
WHEREAS, it is in the best interest of the City of Delray
Beach, Florida, to purchase said property for the purpose described
above.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray
Beach, Florida, as Purchaser, hereby agrees to purchase from the U.S.
Department of Housing and Urban Development, as Seller, land to
provide for home ownership opportunities for low to moderate income
home buyers under the HOPE 3 Housing Program, for the purchase price
of Forty-One Thousand Four Hundred and 00/100 Dollars ($41,400.00),
and other good and valuable consideration; said parcel being more
particularly described as follows:
Lot 33, Block 2, DELRAY SHORES, according to the Plat
thereof on file in the office of the Clerk of the
Circuit Court in and for Palm Beach County, Florida,
recorded in Plat Book 24 at Page 233, Public Records
of Palm Beach County, Florida (located at 511 SE
Angler Drive, Delray Beach, Florida) ,
Section 2. That the Palm Beach County Housing Partnership,
Inc. is hereby authorized to close on the subject property, with the
City of Delray Beach, Florida, accepting title to the subject
property.
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Section 3. That the terms and conditions contained in the
Sales Contract, U.S. Department of Housing and Urban Development, and
addenda thereto between Purchaser and Seller as hereinabove named are
incorporated herein.
PASSED AND ADOPTED in regular session on this the 13th day
of December, 1994.
ATTEST: ~~
OALwi'lljy !út9fP !/rlf*
City C erk
- 2 - Res. No. 95-94
, '
---~ -,.---,. -. .--.- - _n.._ _
"
Sal~es' Contract u.s. Department of Housing and Urban Development ' , . " . ,:' .:. ~,:
Office of Housing - ,-.. '" -'.' -'..- ." -,---
. Property Disposition Program Federal Housing Commissioner " _ OMB Approval No. 2502·0306 (exp. 9J3OJ95)
. "
..1. . " ~ : .; ",,-- HUD Cue No,
1- . ~.'
(slreetnumber, street name, unit number. 1 \cable, dty, CDUrl1y, State) r·.", . "'r: ......
Z. The Secretary of Housing and Urban Development (Seller) agrees to sell the p~pertŸ at the prjcc and terms set forth herein, and t~ prepare a deed
~:œ;~~::l:~f:!\warr~st t;~\~e SellerR;~in};. ~~~ugh or under him'"Title will betaken ,in ~e fol~owing
3. The agreedPurchasepriccOfie.pro,pert:t; is ........................t..................................;............".~.............,.....,... ~ .,3..$ ~ ÒO
Purchaser has paid $ .' , is earnestrrioney to be applied on the purchase price, and agrees , ,". ,.,. .. ,
to pay the balanccoftheputchase price, plus orminus prorations, at the time of closing, in cash to Seller. The
earnest money deposit shall be held by ,. .,.:, ,)i '7 L., ',- :~ ·f;'- .,-..
4. ,D Purchaser is applying for HUDIFHA insured fuìimcing with aCaSh down payment of ,$ ;....
dueatclosmgand the balance sccurèdbÿa mortgage in theamountof$ , , "-",
for months (docsnotincludcHUDIFHAMortgageInsuran~e~emium). " ,:, . ,',. .
D Said mortgage involvès a repair escrow amounting to ...~....."..................................~..._...~............:...... ~ 4~' $ ·
o Purchascr_ispaying cash or applying for conventional or other fmancing not involving HUDIFHA. "
S. Seller will pay reasonable and customary costs, but not more than actual costs, nor more than paid by a typical Seller ' \\1, + So \
in the area,ofabtaining financing and/or closing (excluding broker's commission) in:m amount notto exceed ~ .s~ $ \ ('-(lr It:'" ,
:~~~::ª~:~
8. Purchaser IS: B owner-occupant (will occupy thIS property as pnmary' residence) , " : ,
. " investor ~ nonprofit organization 0 public' housing agèney D'other government agency. ' "
9. Tune IS of the essence.as toclasmg. The sale shall close not later than " ;' 'days from Seller's acce tance of contract. Closmg
shall be held at,office of Seller's designated closing agent or ."
10. If Seller docs not accept this offer ,:;CUCf U luiiY 0 ...iiy not hold such offer as aback-up It' ~c<;~~t~doffer, ,.,', , .,
11. LeadbascdpaiJlt addendum 0 is 0 is not altached; Other addendu~_D is D,is not attached hereto and-made part nf this contract.
.- . - ..,.~ .. .. ."~'. ..~.",: ::." .,~ ," .' ,. :. . ". .' - ...~"~ ..-" .
'12. Should·PuidaaserrefuseorotlÌeMriser~ to pefformin accordance with ttµscootract, iDCiuding the timelÏli1itation, Sc:i:ër may,~t
SeUer'ssole option, retain aU ora portion of'the deposit as liq uidated damages. The SeDer reserves the right to apply the earnest money,
orany portioDthereot, to any ~U~ whi\.ü way be owedbythe Purchaser~ the~eUerrorrent. Purchas.er(s) Initlafs:_ Sefler's Initlafs:_
" .," .:'.. ;. . ;".ù:;;'..·· ........... ..._::.,."'. ..:"I ;... ..'..:.";..,.'.:. 0..:..,;.-.1.., ._ ....
13. This contract is subjectto the Conditions of Sale on the reverse hereof, which are incorporated herein and made part of this contract.. " ,
Certification of Purchaser: T~e undersigned. certifies that in affixing his/ber/its signature to this contract he/sbe/it understands:'
(1) aU the contenls thereof (incl~ding ,the Conditi0lls of Sale) ~d is In agreement therewith without protest; (2):he/sheJit is respon$Ïble<:
fOJ: satistyinì itself as to the fuD condition of the ¡Jroperty; and (3) that SeDerwil! not perform repairs after acceptance of this contract.,;,,".
Purcha&er(s): (type« P-rint names, &OdaI security numbers, & sign) . PurchaserlS) Aooress: -+: 'SA. ~ ~, :=:>
t\ffiASl~ ~t-~~"'5Y\'i ~ l~rC . '- '::' \ q c..\ ~ "",eo.. .s
'"Sòhr\' i'b€,i+, þre~lClen+. C.t;.f) 'J\J f + ~ \rn 'ß-fC{cJ Ç:L- '334 Õ
Phone No: "," Dati ~chasi)sìgned conlract,:
LI (J}- ~' S'1-/2...ð
Seller: Secretary of Housing and Urban Development By: (typ8n&iT1e & tide, & sign) Date Contract Accept by HUD:
X .' ~ ~.
Certification of Broker: The undersigned certifies that: (1) neither he/she nor anyone authorized to act for him/her has declined to sell the property
described herein to or to mate it available for inspection or consideration by a prospective purchaser because of his /her race, color, religion, sex. familial
statùs, national origin, or disability; (2) he/she-has both provided and explained to the purchaser the notice regarding use of HUD's closing agent; (3)
he/she has explained fully to the-purchaser the entire terms of the contract, including Condition B on the reverse hereof; and (4) he/she is in compliance
with HUD's earnest money policy as set forth, on HUD forms SAMS-1116 and SAMS-ll16A, Selling Broker Information and Certification, which he/
she has executed and filed with Seller. .
Broker's Business Name & Address: (lor IRS reporting) pnclude ZIp Code) Broker's SSN or Employer ID No. (Include hyphens) SAMS SL·NA, Number: i"
.' -:- ~ '''',
','
SIgnature of Broker: Brokers Phone No:
. ¡
X
Type or print the name and phone number of sales person: '. ..
This section for HUD... only. Broker notified of: Authorfzlng Signature & Date:
Acceptance Back-Up No.
Rejection Return càrnest Money Deposit X
Previous editions are obsolete ,,-.- Original -- -. . ' ,. - ref. Handbook4310,5- -form HUD-9548 (3194)
.
, ,
)
RESOLUTION NO. 96-94
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO
PURCHASE FROM SELLER CERTAIN REAL PROPERTY IN PALM
BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY
INCORPORATING AND ACCEPTING THE SALES CONTRACT
STATING THE TERMS AND CONDITIONS FOR THE SALE AND
PURCHASE BETWEEN THE SELLER AND THE CITY OF DELRAY
BEACH, FLORIDA, IN PARTNERSHIP WITH THE PALM BEACH
COUNTY HOUSING PARTNERSHIP, INC.
WHEREAS, the City of Delray Beach, Florida, in partnership
with the Palm Beach County Housing Partnership, I nc. , wishes to
acquire certain property located at 264 N.E. 14th Street, Delray
Beach, Florida, to provide home ownership opportunities for low to
moderate income home buyers under the HOPE 3 Housing Program; and
WHEREAS, the Seller hereinafter named desires to sell the
property hereinafter described to the City of Delray Beach, Florida;
and
WHEREAS, it is in the best interest of the City of Delray
Beach, Florida, to purchase said property for the purpose described
above.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray
Beach, Florida, as Purchaser, hereby agrees to purchase from the U.S.
Department of Housing and Urban Development, as Seller, land to
provide for home ownership opportunities for low to moderate income
home buyers under the HOPE 3 Housing Program, for the purchase price
of Thirty-Nine Thousand Six Hundred and 00/100 Dollars ($39,600.00),
and other good and valuable consideration; said parcel being more
particularly described as follows:
The East 55 feet of Lot 11, PLUMOSA PARK - SECTION
"A" , according to the Plat thereof on file in the
office of the Clerk of the Circuit Court in and for
Palm Beach County, Florida, recorded in Plat Book 23
at Page 68, Public Records of Palm Beach County,
Florida (located at 264 N.E. 14th Street, Delray
Beach, Florida).
Section 2. That the Palm Beach County Housing Partnership,
Inc. is hereby authorized to close on the subject property, with the
City of Delray Beach, Florida, accepting title to the subject
property.
'. '
I I
\
Section 3. That the terms and conditions contained in the
Sales Contract, U.S. Department of Housing and Urban Development, and
addenda thereto between Purchaser and Seller as hereinabove named are
incorporated herein,
PASSED AND ADOPTED in regular session on this the 13th day
of December, 1994.
ATTEST: ~~
&1 M-n YlJJI' )Ii ~ lIoLly
City C rk
- 2 - Res. No. 96-94
.
.
-T---~ .- - ----- -- - -- - --,.---. --
"
'Sales Contract u.s. Deparbnent of Housing and Urban,Development.. ;,~. ,; ", ,.j¡,
, .. -".' ._" - -.. Office of Housing ..--.., , . ,- -,.-...,... '.. - -., ., . --
Propertý Disposition Program Federal Housing Commissioner OMBApproval No. 2502·~(exp. 913(195) ,
'.. . '. . , 'HUD ea.. No,
1. '("' I " ;, c:: :: ,,' f' " ... ,..' '. <.. '
ur ase on the terms set forth herein.. the following property, as mOre paI'ticúlarly' ,:;: " . ~ Of . ~ .5 S
eyin t e prope to the S retan' of Housing d Urban Dev~ ent:~ r; ,. }!;: .'
I. {;, 1-;" '
(streetnumber,streetname,unltnumber,llappllcaÞle, dty,county,State) "'", " ",', ,:',' ': " "'.'
2. The Seaetary of Housing and Urban Development (SelIci) agrees to sell the property at the price and terms set forth. herein, and to prepare a deed
con~~g a ~ClVenant whi warrants inst ~h _ ts of he Seller and ,~iming by hrough Ô¡',u'!.d!h~..T~t1e wi,ll be fU~O inth~'fonowini .
namc(s)aìldstyle: . ' ' r:>e.", ,; , . . ,"
, !. , .," ';'., '. . $
3. ~agrccdpurchasepnceof _e~ro.pertylS .~................~:....:;.;.. .,.....................:.....:........:....:...::.._...¡..;......... ~. '3. ..
PurchaserhaspaidS ," .', " ,aseaÌ'nestmoncyto.beappliedonthepu~ch~epricc;an<!agrces :-;-: r~r" ~t:i';; ¡ 'q '.'~
- to pay the balance of the purchase price, plus or mmùsproratioiui, a!the time o~c1osing, in. cash to Seller. The'
eamestmoncy dcpositshall be held by - - , " ' ,; :, ; .,~. ,. ~-¡:,
4.;..- 0 : Purchaser is applying for HUD/FHA insuredfmancmg with a cash down p~yment of S .' '" ¡ """'" .f...!.:....:.,
.' . '". _ '__' ,.., '" ..' _ ,.J,
'dueatclosingandthebalancesecurcdtiyamortgagcintheamountof ~ '" ';',rr:'" -,,' '" "
for' months (doesnotincludcHUDIFHAMortgageInsurancePremium).. ' ' "
o Said mortgåge involves arepaires~row &m?unting to ·....:..·......·................·..··,_..·,......·..::"..·:....:;·....·1'· '!':: :to S
o Purchascr is paying cashorapplying forconvcritional or other financing notinyol vingHUDIFH~, ~ ,"', ,,' . '. . , w :
S: sellerwillpaYreason8bleand'customarYcosis~bU, tnotmorethan~tUalcosts,normO~1:h.anp81'.dbYa"typI'c~,Sell~rh.'., ',1fet ~, ~, , .,'
inthearca,ofobtafuingfinancingand/orclosing(exc1udingbroker'si::ommissio!,!)inanamountno~t9C?xc~d >-, ~',S', " ',' ,
6. ~''''''~'.SeJl"_,,,pay'''tb~~''~,:,.fi'''bclo...romm~';O"(i"cl~d~': _ ,.. -;;:. -b - ~~ ~ ~-.
1. ;:-.:.=~:::~..; ~':~;::;:;;;;;~::;-;'ï~, ~;;;;;'~::;;;;::~~~;:'l:;;-~;;;;;;;S':~~)'::::::::=:::::':_: li¡1¡:~~; -·6.-11::-->1
8. Purchaser IS: 0 owner-occupant (will occupy thlS property,as pnmary resIdence) ,."
, '- 0 investor IE.. nonprofit organization 0 publiè ho sin gency D' other government ågency. ' ,., ';
9. Time is of the essçnce as to closing. The sale shall close not later an' '. 'days omSel 's acce cc contTact. Closing
shall be heJel at office of Seller's designated closing agent or
10. If Seller docs not acccpt this offer, Seller 0 may 0 may not hold such offer as aback-up to accepted offer. -c ',.'. . " '
11. Lead based paint addendum 0 is 0 is not attached; Other addendu~D is D·is not,httached hereto and made part of this contract.
_-- .~- ,,",,-'" ,.._-'d........~__._:_;_...:W1_·'·__:: ___:.,~,c ,..'.....-_.:.~:..:: ".:."':._" -:: -.-..<.----;';-:----J~- ',:: _.,.:.-.:-.~., :::.-. .__-.-:~- '".'_ _ "c,;,~·"
'i2:cSbould PurCbasertef_ OrotberWise fan topenonilÎD accordanceWitb ~ CÒ~tract;ÎDéludingthetime,fuhi~ti~n,SeUer may ~a(
; SeUersSóleòption,l'etáiDabora portion of'tbedepositas liquidated damages.l'béSeÙ~r reserv~tberigbttoâpplýtbeearnestlÌ1oDei;,
i orahy)JÒrtion thereof, to any SuD1S whiêb Dtay ()eoweCI bytbe Purchasêrtoth~Sellerfor~nt. Purchas~(S) ,nitiâis:~s~iers InttlaJ~;> 'c,', ,¡
.; . ....:;:.,. i" '-';, -:.-,):1.... .;..,c_: ...... ,.'...._.~:f"..,. ";':"':::. '~'.' .'_ ._.:.,....~......_... .,...... .""'.i ..."..........: __.............1.:...;...,. ;,...·..___......._:.,.~.;L ._~..t......~...,.....·..~..-.....;
13, This contract is subjectto the Conditions of S ale on the reverse hereof, which are incorporated herein and made part 9fthis còntTact. " , "'i,. .
Certlfl~lon~ o,f Purchase~; T~e, undersigned,..certiftes that in, a!fixing his/her/its signature to this .cOntract he/she/it understands: :., (~'A>;
(1) aD the CODtentsthereof (iDduding the Conditions 9f Sale)àndis in agreement thel;ewith witbout protest~,(2) he/she/U is responsible ,it·...
for satisfying Itself as to the.fuD éÔnditioo.,of the p~()perty,;á,nã (~)that Se~er~1 notperyorm, r:ep~i;rs,\fterp,cçeptance orthis ç9ntl'~ct",: ,'.'
,PuI'åIas.(s~: (type ~. names, social s~ numbers, & sign) .' h' " Pu$ser{s) Addres~: ~ r" ~~e..+ ~ H:::~_ ~13.
Hf¡u-s¿Y}~.ttlrY1fr~}p.,t'Tn~ ~" ,~. , 3l~~l.e~~'Bea ·!.-L & 'Äj b r
-:£hn~r'()e:f:i:; I Pre_~ent; C-E. () """'"oo ~ Dole '"ir;""-'
Seller: $eCrehi!)' of Housing and Urban Devel~ent By:: (type name & title, & sign) Date Contract Accepted by HUD:
X <. - " ;. - "
Certification of Broker: The undersigned certifies that: (1) ncitherhe/shc nor anyone authorized to act for him/her has declined to sell the property
, described herein to or to mue it available for inspection or considenition by a prospective purchaser because of his/her race, color, religion, sex. fåmilial
status, national origirl; or disabilitY;" (2) he{she has both provided and explained ~' the purchaserthe ~oti~ ~egarding u~e' ofHUD' s closing agent; (3)
hcfshe has explained fully to the purchaser the ei-ìtirc terms of the contract, including Condition B on the reverse hereof; and (4) he/she is iri compliance
with HUD' s earnest money policy as set forth on HUD forms SAMS-1116 and SAMS-ll16A, Selling Broker Information and Certification, which he/
she has executed and filed with Seller. '. . '. .
Brokers Business Name & Address: (lor IRS reporting) Qnciude Zip Code) Brokers SSN or Employer 10 No, (Include hyphens) SAMS SL·NA Number:
SIgnatUre 01 Broker: Brokers Phone No:
. ~ ..
X
Authorizing Signature & Date:
X
I )
RESOLUTION NO. 97-94
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO
PURCHASE FROM SELLER CERTAIN REAL PROPERTY IN PALM
BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY
INCORPORATING AND ACCEPTING THE SALES CONTRACT
STATING THE TERMS AND CONDITIONS FOR THE SALE AND
PURCHASE BETWEEN THE SELLER AND THE CITY OF DELRAY
BEACH, FLORIDA, IN PARTNERSHIP WITH THE PALM BEACH
COUNTY HOUSING PARTNERSHIP, INC.
WHEREAS, the City of Delray Beach, Florida, in partnership
with the Palm Beach County Housing Partnership, Inc. , wishes to
acquire certain property located at 5072 N.W. 5th Street, Delray
Beach, Florida, to provide home ownership opportunities for low to
moderate income home buyers under the HOPE 3 Housing Program; and
WHEREAS, the Seller hereinafter named desires to sell the
property hereinafter described to the City of Delray Beach, Florida;
and
WHEREAS, it is in the best interest of the City of Delray
Beach, Florida, to purchase said property for the purpose described
above.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray
Beach, Florida, as Purchaser, hereby agrees to purchase from the U.S.
Department of Housing and Urban Development, as Seller, land to
provide for home ownership opportunities for low to moderate income
home buyers under the HOPE 3 Housing Program, for the purchase price
of Forty-One Thousand Five Hundred and 00/100 Dollars ($41,500.00),
and other good and valuable consideration; said parcel being more
particularly described as follows:
The Easterly 40 feet of Lot 13, Block 4, PINE TRAIL
SECTION 4, according to the Plat thereof on file in
the office of the Clerk of the Circuit Court in and
for Palm Beach County, Florida, recorded in Plat Book
35 at Page 151, Public Records of Palm Beach County,
Florida (located at 5072 N.W. 5th Street, Delray
Beach, Florida) .
Section 2. That the Palm Beach County Housing Partnership,
Inc. is hereby authorized to close on the subject property, with the
City of Delray Beach, Florida, accepting title to the subject
property.
,
·
I
I
Section 3. That the terms and conditions contained in the
Sales Contract, U.S. Department of Housing and Urban Development, and
addenda thereto between Purchaser and Seller as hereinabove named are
incorporated herein.
PASSED AND ADOPTED in regular session on this the 13th day
of December, 1994.
ATTEST: ~~
o /¡"fJN}'ffþJ\YùW';; ¡¡OliI¡
City C erk
- 2 - Res. No. 97-94
'. '
1'. ~ ~~.-.<":"; ~' ._~. ~5i·' "'.1.-,' ~
. ~. . .." - ~. -, - ~ ;'..~ ,'..' , - ". L :'t~
ðl_
. Sa, C t ct u.s.DepalII¡·¡entot.....ng '''';'''- ¡,.' .' '. ~,
. es on ra .. ,.....Urben Dewlopment - .-'- . -' '-".-- - - .., ,--, ' ",r
p rty D' siti P 0fIIce or H .
,rope ISpo on rogram Federal ~': Commissioner OMB Approval No. 2502-0306 (exp. 9-30-95)
HUD ea.. No,
1. l(We), '-.' " I
(Purchaser(s»ag188 anthetønnsseUoflhher8in.1hefollowingproperty, as more partiaJlaIty ;.....¡
desc:ribedlnthecl8ed~theprqølytotheSea8laryorl;lousingandUrbanDevølopment: " ,',';' .,." .: ~
~ra.2~ N~ ~ '2m-c::~ D.c.1\o.,\ Beoch( FL·::
. .....LI1It ,If rebIe, cIIy,CDOOIy, tale . '
2. - 1heSeaeøyafHauslng"'UfløtDilw BlcfI;l..tt(Seller)agrees IDsell1he~ atlhepriceand18rmSsetfor1h hentin,andic prepareadeed containing acovenant
ë.~~"'''~_h''''''''him. -....-. in~.foIIowIngnarne(s. ' . )aAdstyle:'.".,",.".;,..i .." -
... , m \. -cf'1'c..h . . , , " .
3. 1heagreed priceaftheproper\y'is ...._.t...................................................................:..............."..;.............:..-........ 3. $Æ I 'SOt)
Ptad1as8rhaspald$ _..-nestmaneylD be applied on 1he purchase price,andagrees ID pay 1he balance of the purchase price, plus or minus
prar.iIIions, at1he 1neafc;loslng,inc:ash to Seller. 1he8811)8Stmonøydepositshall be held by
4. £::) Pwd1as8rlsapplyingtar HUDlFHAins&nd financing with acash down payment of $
dueatcbsing.....brIIIn:8S8CU8d byalllOf1gage in the amount of $
for lIIIIIIIhs(doesnoti1dude HUDlFHAMortgage Insurance Premium). ,',
r:::. Said.ßO¡~irMIIv8sarepair8scrowamounting to .........,.,::,:....................,....~.:'.m......:::.:.::,....._...,................: 4. $
c:JI Ptft:haserlspøylngcash oraÅ:JlyingtorcorMintional or olher IInanang notlnvoMng HlJDlFHA. '.' ::~'~'" __....: ' ,_
5. Sellerwil payJ88SOl18llleandaJStDmaryc:œlS, but not more than actual coslS nor more than paid by a typical Seller in the area. ' '. ' '
ofoblalnlng tlnandngandtardaslng (adudIng brOk.er's commission) In an amount not'!' exœed .,.;...;:............._..;.:.............J '5. $ h 1 \~t 'Sa l L
6. ' Uponsalescfosing.Sllleragreøstopayto..brok8rldenlifiedbelowacommission(tnc:iudingbonUS..if~~I~)Óf ..::....:~/6; $ ~:~eC'±.. ~ ~~ '_
7. 1bo...__..___._~""~4.........~.""__5~~. ___:L:__..:...._._::. ~1:11:'::¡~!!!':¡jj!:,!i~
8. Ptad1as8ris ~ CMIB'-occupant(wilOCCll.M'tispropertyas1heprimaryresidencè); c:JIlrwestòr, .,:",'. :" ,o"
9. TmeisOf1h8essenceastDdosing.1besalè. shalclose, not!",,"....~ ~'U' .. ~ A<1.ç.et''\å.Y'C.e
, CIosingshallbe~aI ~' '?\e.c.e..' ð.~~\~ : ' . ',' U '
10. IfSellefdoesnot~ti5a11ør.SeIer c:inay ~ may not hoIdsuålofferasaback-upto~tecloffJW. ,.,<'-", - ,
'.. - ·;-··.t " ,~ .
11. AnaddendUm r::. is c=.. Isnotatlachedheretoandmadepartofthiscontract.._
~I¡~~~~~~~~~~~"¡
13. Thiscontractlssubject1D1heCanditionsofSalean 1he reverse hereof,whlåI are incorporated herein âÎld niåde partoflhis è::òntract -.', ,"
Certification of Purchaser: The undersigned certifies that in affixing his/t1erfrt!> signatur~ ~o ~h,is çontr~et he/sherI! understañds ,all the contents
thereof (including the Condtions of Sale) and is in agreement therewith without protest.' 'iT "';,~"< '~ ' ..' , ,'" " . . ,
Purchaser(s):, (type or prlnllØ'I18S. social seady runbers, and sign) , Pu~ser(s) Address: '" . \ .n
t-\ðu'5t Po.~~· µ :r.f\~, ~1C¡ ~f'íCif!.s '5,...rtt~ ~,,2{3
-:SohY) ~rbe.it, ~c\:"¿'den+ C.E.",O. wes-f AtIl'Y\' ßeOci}¡ FL 5~ 'ol-%f
, I t _
Sell
By: "¡,.',. "':~, "
: -i''''. .:..... .·1"":.... . ~ì_." I. ' --','
Certification of Broker: The undersignedcertlfies that: (1) neither he/she nor anyone authorized to aetfor him/her has declined to sell the property
described herein to or to make it available for inspection or consideration by a prospective purchaser because-of hislherrace, color, religion, sex,
or national origin; (2) helshe has executed and filed with HUO, form HU 0-9556, Joint H UO- VA Nondiscrimination Certification (Sales Broker); and
(3) he/she has both provided and explained to the purchaser the notice regarding use of HUO's closing agent; and (4) he/she is in compliance
with HUO's earnest money policy as set forth in Agreement to Abide executed on >', 19
BusIness Name & Address oI8RIker ..... ~ Code)(For IRS reparlingl Broker's Sodal seaJrIty No:Or Employer 10 No. . . Area Code & Phone No. 01 Broker
lincUI. hyp"-w)
SIgnature 01 Broker
X -
Type or print the rane and phane IUItber oI5IIIes persoo: , .
ThIs .-ctlon tor HUD ... only. 8rdI8r noIIIIlKt 01: I By: ' " I Date
ïI A_......____ r-1 D-...&t I '- t.~ , I
I . ,
)
RESOLUTION NO. 98-94
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO
PURCHASE FROM SELLER CERTAIN REAL PROPERTY IN PALM
BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY
INCORPORATING AND ACCEPTING THE SALES CONTRACT
STATING THE TERMS AND CONDITIONS FOR THE SALE AND
PURCHASE BETWEEN THE SELLER AND THE CITY OF DELRAY
BEACH, FLORIDA, IN PARTNERSHIP WITH THE PALM BEACH
COUNTY HOUSING PARTNERSHIP, INC.
WHEREAS, the City of Delray Beach, Florida, in partnership
with the Palm Beach County Housing Partnership, Inc. , wishes to
acquire certain property located at 239 N.E. 1st Avenue, Delray Beach,
Florida, to provide home ownership opportunities for low to moderate
income home buyers under the HOPE 3 Housing program¡ and
WHEREAS, the Seller hereinafter named desires to sell the
property hereinafter described to the City of Delray Beach, Florida;
and
WHEREAS, it is in the best interest of the City of Delray
Beach, Florida, to purchase said property for the purpose described
above.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray
Beach, Florida, as Purchaser, hereby agrees to purchase from the U.S.
Department of Housing and Urban Development, as Seller, land to
provide for home ownership opportunities for low to moderate income
home buyers under the HOPE 3 Housing Program, for the purchase price
of Fifty-Nine Thousand Eight Hundred Fifty and 00/100 Dollars
($59,850.00), and other good and valuable consideration¡ said parcel
being more particularly described as follows:
Lot 2 and the North 6 feet of Lot 3 (less West 5 feet
road right-of-way), Block 74, TOWN OF DELRAY,
according to the Plat thereof on file in' the office
of the Clerk of the Circuit Court in and for Palm
Beach County, Florida, recorded in Plat Book 11 at
Page 12, Public Records of Palm Beach County, Florida
(located at 239 N.E. 1st Avenue, Delray Beach,
Florida) .
Section 2. That the Palm Beach County Housing Partnership,
Inc. is hereby authorized to close on the subject property, with the
City of Delray Beach, Florida, accepting title to the subject
property.
..
,
'\
Section 3. That the terms and conditions contained in the
Sales Contract, U,S. Department of Housing and Urban Development, and
addenda thereto between Purchaser and Seller as hereinabove named are
incorporated herein.
PASSED AND ADOPTED in regular session on this the 13th day
of December, 1994.
ATTEST: ~~
Q 11 Mn ~ 1'~ ).¡¡ I 'f57/1o Lb¡
ity Cle k
- 2 - Res. No. 98-94
'. '
~--'._þ .".------ . ,....~ --.-
. ~
Sales Contract u.s. Department of Housing and Urban Development .'.' . "'. ~ ~ .,,;
- .., - - ..'.. -. Office of Housing' ._-~.-" "7'" - .- "'-:'.". -' --- -,
Property Disposition Program ' Federal Housing Commissioner' 'OMBApprovaJ No. 2502-0306 (exp. 913(195)
. - . ~ 11'. ,.. .
, HUD eu. No. .
. . 1. ;"'. .-; '. _ . f ; ~..).
,. .'_ 4
.' . -.--!.4.}
.
.
2-
name(s) and style: r
3. The agreed púJçtuisepricéof ' property is ......:........:.....,.. ....:......................~:..................:.............,...;.........).. ,3. $' ,
PurcbaSer~asPaidS ,.' , . as earnestmonertò beapplied'Q,¡ tl!epurcbaseprice, and!igrecs-. ., ;~.: ,. .;1' ,¡ ,
- '. .!9Pay the balance of the pmchase price, plus orminu* prorations, àtthe timeofclo sing,'in cash to Seller. The" ~ ,
eamestmoney deposit shall be held by " :¡,. ,
4.. 0 Purchaser is applying forHUDIFHAinsuredfmànciiig with acâshdownpayn;t,entofS . ..', " '
'dueatclosingandthebalancesecurCdbyamortgageintheàrñountofS . ., .; '.~ I, " ";i
for' " months (doesrtotincludeHUDIFHAMortgageInsurancePremium). , '. __, " _,
. '0 Said mortgage involves a repair escrow amounting to' .............................................,....:....~.:...'..........~.. >- ' 4. $ ,
o Purchaser is paying cash or applying for conventional or other financing not involving. HUD/FHA. .' " "', '
S. Seller will pay reasonable and customary costs, but not morc than actUál costs, ~or more than paid by a typic~ì Seller :.b - ;\- ~ ~.
in the area, ofobtaining financing and/or closing (excluding broker's éommission) in an amountnotto exceed >- 5. $ rtc
6. llpoa ""'" '''''"'''S.II........... pay.. the __.f~d below . """m;"iÓn (Including "... ~.. J'~ .~
7. ;::.=~~:.::'..;;,-=~;;;:Ï;::;:~;-;;ï;:;;·~;;;.;~:if~;:~~~;;~;~·;-;;~~;:;::;;;;:;::::::; ;: : "j~$SÕ .. :
8. Purchaser IS: B owner-occupant (will occupy thIS property as pnmary resIdence) '. '
. ,investor I}šl nonprofit organization 0 public ho~sing agency O' othèr goveñûriènt ágencý:' .';
9. Tunc is of the csseߜ as to-closing. The sale shall close not later than (00 days!!o ler's acceptance contract. Closing
shall beJleld at,office of Seller's designated closing agent or /1) "
10. If Seller does not accept this offer, Seller 0 mAY 0 may not hold such offer as a back-up to acceptedofier. ..., ,0:, ' ' "
11. Lead based paint addendum 0 is 0, is not attached; Other addendum 0 is 0 is not attached. Hereto and made part of this contract. '
t12. 'shoåId P1.n:haŠer ~or oth~~ ¡;¡J tÖ't»enortDbi ai&rií-dåD~ with't~tontrac4'iDcl~ding the time IirlutatioD, Seller may~¡r
SeUer'ssoleoptioD,tetåhaaU ora portion of the deposit as liquidated daIÌ1ages. TheSeUer feservestherightto apply the eamest monéÿ:,·.'
. . ~ '. : " " " - , . . -', ~.. , ,"' ", . . . ". . ,- > ,:-
, oranyportioDthaeor, toany sums which may be owed by the Purchaserto theSeller'(orrent.' Pw-chåser(s) Inl a s:~ Setler's IniÌtais:---":;
'" .... "". . ..... ., .;,. c.: .'~' . " .~;_ '!.-.H,'/':::: " ;".. ,.:. .. ~,~,~ ~'::.-' -'-1'." :~..;_>_:
13. This conti-act is subject to the Conditions of Sale on the reverse hereof, which are incolporated herein and made part of t~is contract. , -,' " "..
Certification of Purchaser: The ~dersigned certifies that inatfWng bislber/its signaturetotbis,cOntractbelshelit>understands;,; .;,~):O;
. -. .. " " -' ., '. -. . , . -.' - .. ,~. "\. ".'-.
(1) aU the conteDts thereof (iDcludhag the, COnditiODsof Sale) and is in' agree,~el}t tberewi.tbwitbout- pro~st~ (2)be/sbe/it isre,sponsible ~ k;,-
for satisfying ItS.elf às to the fUllcønditiön,4)f tbeproperty;Îuid (3) that Seller will not ¡»erf0rm. rep~irs~~r ac,-:epta~çeoft~is cO}1~~act.,t,
¡;er~; (typeCK p;~se.øJ ~ty ~;;;~~gn) .:.. ," ~~~t:~ ~ @. &\1 k ~ l ~
~~l.. nq~ 1,.4 '17.ershi~ Å_ fICt=.ð 'N-rs-t l. .h ô-34Q
0CI ,11 -Car uc. ft I f.?tt 51 a¡ I? Phone No; , ~ Dat~ '. Purchaser(s~ned Con~;
, ,'..>. 1.101- 59-12- ' 1'1"
Seller: Secretary of HQusing an~ Urban Development By: (type ~~ & title, & sign) Date Contract Accepted y HUD:
X .', ...' ",'...
Certification of Broker: The undersigned certifies that: (1) neither he/she nor anyone: authorized ro. ac~for him/her has declined to sell the property
described herein to or to make it available for inspection or consideration by a prospective purchaser bécause of his/her race, color, religion, sex, familial
status, national origin, or disability: (2) he/she has both provided and explained to thè purchaser the noticciicgárdÌng usé ofHUD;s Closing agent; (3)
he/she has explained fulJy to the purchaser the entire terms of the' coil tract, including Condition B on the reverse hereof; and (4) he/she is in compliance
with HUD 's earnest mollC)' policy as set forth on HUD forms SAMS-1116 and SAMS-1116A, Selling Broker Information and Certification, which hé/
she has executed and filed with Seller. ' . :' ; .' . ..' '^
Brok8r's Business NIwne & Address: (for IRS I'tIpOnlng) Qnclude ZipCode) Brokers SSN or Employer ID No. Qnclude hyphens) " SAMS Sl·NA Number:
SIgnature of Broker: Broker's Phone No:
X'
Type or print the name and phone number of sales person: ' "
This section for HUD uae only. Broker notified of: Authorizing SIgnature & Date:
Acceptance Back-Up No. "
Rejection Return Earnest Money Deposit X
P....,inll"AditInn<t"'A~ ..' ",".,"_ .._ Original '0,... ..__..'. rAf I-bnritvv>lc.4.~1n!'i _ ,fnrm.....Jn.D..'io4A I~\
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NOTICE OF INTENT TO ACOUIRE REAL PROPERTY
NOTICE IS HEREBY GIVEN, that the City of Delray Beach,
Florida, has determined it to be in the best interest of the City to
purchase certain real property, for municipal purposes, more
particularly described as follows:
Lot 33, Block 2, DELRAY SHORES, according to the Plat
thereof on file in the Office of the Clerk of the
Circuit Court in and for Palm Beach County, Florida,
recorded in Plat Book 24 at Page 233, Public Records
of Palm Beach County, Florida (located at 511 S.E.
Angler Drive, Delray Beach, Florida) . Subject to
easements, restrictions, limitations, and other
matters of record, for the purchase price of
$41,400.00, less existing liens, and other good and
valuable consideration.
The East 55 feet of Lot 11, PLUMOSA PARK - SECTION
"A" , according to the Plat thereof on file in the
Office of the Clerk of the Circuit Court in and for
Palm Beach County, Florida, recorded in Plat Book 23
at Page 68, Public Records of Palm Beach County,
Florida (located at 264 N.E. 14th Street, Delray
Beach, Florida) . Subject to easements, restrictions,
limitations, and other matters of record, for the
purchase price of $39,600.00, less existing liens, and
other good and valuable consideration.
The Easterly 40 feet of Lot 13, Block 4, PINE TRAIL
SECTION 4, according to the Plat thereof on file in
the Office of the Clerk of the Circuit Court in and
for Palm Beach County, Florida, recorded in Plat Book
35 at Page 151, Public Records of Palm Beach County,
Florida (located at 5072 N.W. 5th Street, Delray
Beach, Florida) . Subject to easements, restrictions,
limitations, and other matters of record, for the
purchase price of $41,500.00, less existing liens, and
other good and valuable consideration.
Lot 2 and the North 6 feet of Lot 3 (less West 5 feet
road right-of-way) , Block 74, TOWN OF DELRAY,
according to the Plat thereof on file in the Office of
the Clerk of the Circuit Court in and for Palm Beach
County, Florida, recorded in Plat Book 11 at Page 12,
Public Records of Palm Beach County, Florida (located
at 239 N.E. 1st Avenue, Delray Beach, Florida) .
Subject to easements, restrictions, limitations, and
other matters of record, for the purchase price of
$59,850.00, less existing liens, and other good and
valuable consideration.
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A Resolution of the City Commission of the City of Delray Beach,
Florida, authorizing the purchase of each of the above referenced
properties, on the terms and conditions set forth above, will be
considered for adoption by the City Commission at a regular meeting
to be held at 6:00 p.m. on Tuesday. December 13 , 1994, in the
Commission Chambers at City Hall, 100 N.W. 1st Avenue, Delray Beach,
Florida. Pursuant to Section 36.04 of the Code of Ordinances of the
City of Delray Beach, Florida.
PUBLISH: Delray Beach News CITY OF DELRAY BEACH
December 4, 1994 Alison MacGregor Harty
December 11, 1994 City Clerk
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IŒMORANDUM 1Jluj
TO: DAVID HARDEN, CITY MANAGER tØ
FROM: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT
RE: RESOLUTION ADOPTING AN AMENDED HOUSING INCENTIVE PLAN
PURSUANT TO DIRECTION FROM STATE HOUSING FINANCE AGENCY
REVIBW
DATE: DECEMBER 9, 1994
ITEM BEFORE THB COMKISSION:
Consideration of approval of Resolution No. 99-94 which amends
the Housing Incentive Plan adopted under Resolution No. 19-94,
pursuant to the review and direction from the State Housing
Finance Agency review who administers the SHIP Program.
BACKGROUND :
The City Commission adopted Resolution No. 19-94 at its regular
meeting of March 8, 1994. This resolution adopted the Housing
Incentive Plan (HI P) as proposed by the appointed Affordable
Housing Commission pursuant to Florida State Statutes, Section
420,9076 (6) . The document was submitted to the State Housing
Finance Agency for its approval.
The amendments to the Plan affect the following items numbers:
7. Amended to provide an effective implementation date for
this incentive.
10. Amended to clarify process the Affordable Housing
Commission will use to review policies and code amendments
affecting the cost of housing and provides an implementation
date.
Other items to be clarified will be done with the cover letter
transmitting the Resolution and amended Housing Incentive Plan.
The Committee reviewing the plan has requested additional
information that resulted in minor amendments to the Housing
Incentive Plan. These amendments were considered and approved by
the Affordable Housing Commission at a special meeting on Friday,
December 9th, 8:30AM. Thus, the required resolution amending the
plan is before the City Commission for approval.
RECOIØIBNDATION:
Staff is recommending the City Commission approval of Resolution
No. 99-9~mending the Housing Incentive Plan pursuant to direction
from the State Housing Finance Agency.
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. AGENDA REQUeST
Dates 12/9/94
Request to be placed on:'
Regular Agenda Special Agenda Workshop Agenda
Whens 12/13/94
Uelcriptlon of agenda item (~ho, ~hat where, how much).
r:nmm;~.c;;nn ;:¡pprnva] of Re.c;ollJtion No.91-1~ich amends the Housing Incentive
Plan adopted under Resolution No. 19.94. .
ORDINANCEI REQUIRED: "@NO Draft Attached: YES/NO
Recommendation: Staff recommends approval
Department Head Siqnature: X~~~
Detenaination of Consistency \lIth Comprehensive Plana .
City Attorney Reviewl Recommendation (if applicable)s "
,
Budqet Director Review (required on all itea. involving expenditure
of fund.):
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description: .
Account Balance:
City Manager Review: §' ~ <;v-'" ~ av-R
Approved for agenda: YE I NO J~""r- .~~ ât.- v~~ .
Hold Until:
Aqenda Coordinator Review: fIÞJ
Received: .
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Action: Approved/Disapproved
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RESOLUTION NO. 99-94
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE AFFORDABLE
HOUSING INCENTIVE PLAN PURSUANT TO THE PROVISIONS
OF THE STATE HOUSING INITIATIVE PARTNERSHIP (SHIP)
PROGRAM, FLORIDA STATE STATUTES CHAPTER 420.9076;
PROVIDING FOR SPECIFIC INITIATIVES TO ENCOURAGE OR
FACILITATE AFFORDABLE HOUSING AND A SCHEDULE FOR
IMPLEMENTATION; AUTHORIZING THE SUBMISSION OF THE
AMENDED PLAN TO THE STATE HOUSING FINANCE AGENCY;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the State of Florida, under specific authority of
Florida State Statutes, Section 420.9076, has established the State
Housing Initiatives Partnership (SHI P) Program, which requires the
City to adopt a Local Affordable Housing Incentive Plan; and
WHEREAS, at a regular meeting of March 8, 1994, the City
Commission of the City of Delray Beach, Florida, adopted Resolution
No. 19-94, which adopted liThe Affordable Housing Incentive Plan -
Delray Beach, Florida,"
WHEREAS, the State Housing Finance Agency has reviewed the
City's plan and has thus recommended specific amendments prior to
their approval of the plan,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray
Beach, Florida, hereby adopts pursuant to the provisions of the
Florida State Statutes, Section 420.9076(6) and comments from the SHIP
Review Committee, the amended document entitled "The Affordable
Housing Incentive Plan - Delray Beach, Florida," which is incorporated
herein by reference and made a part hereof.
Section 2. That the City Manager is hereby authorized to
submit the amended Affordable Housing Incentive Plan to the State of
Florida Housing Finance Agency for its approval.
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Section 3. That this resolution shall become effective
immediately upon passage.
PASSED AND ADOPTED in regular session on this the 13th day
of December, 1994.
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ATTEST:
o ¡'Mn'IJþL~~ !/nì!q
Clty CI k
- 2 - Res. No. 99-94
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AFFORDABLE HOUSING INCENTIVE PLAN
Pursuant to Section 420.9076,uFlorida statutes, . the city of
Delray Beach Affordable Housing Advisory committee held meetings
to review existing policies, procedures, ordinances, land
development regulations and comprehensive plan in order to make
specific recommendations aimed at encouraging and facilitating
affordable housing while also protecting property values. The
following incentives resulted from of this review.
1. The affordable housing definition in the appointing
resolution.
" Affordable Housing" shall mean the development or
redevelopment of vacant parcels within the City of Delray
which can be purchased and monthly mortgage payments,
including principal, interest, taxes and insurance
(PITI), does not exceed thirty percent (30%) of the median
annual adjusted gross income for households in Palm Beach
County as defined by the United states Department of
Housing and Urban Development.
The development and redevelopment of new land shall result
in the provision of a variety of housing types which shall
continue to accommodate the diverse makeup of the city's
demographic profile.
2. The expedited process of permits for affordable housing
projects.
The City has in place "One Stop Shop Permitting" providing
for a coordinated review and approval of all developmental
applications submitted through the Development Services
Group. Emphasis is placed on providing efficient, timely
review and approval of all application types from one point
of contact by the customer. The system features a fully
automated application tracking software package that
provides the opportunity to readily identify delays in
review time from various departments within the development
function.
The "One stop Shop Permitting" inc'orporates an expedited
review and approval process of building permit applications
submitted under a subdivision development, using one set of
architectural plans for various lots. This process reduces
the average number of days for review from 15 days ~ to 5
days. A second part of our program incorporates same day
inspections on construction projects. The combination of
expedited review and approvals and same day inspections
minimizes delays in construction activity and costs
associated with such delays. The expedited review process
shall be applied to the City's Affordable infill housing
program in cases where one set of architectural plans are
used for various infill lots throughout the target area.
The estimated cost reduction will average from $250-$500.
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3. The modification of impact-fee requirements~ including
reduction or waiver of fees and alternative methods of
fee payment. Land Development Regulations, Section 2.4.3(k)
The current impact and other fees associated with the
development of a typical affordable single family unit,
valued at $50,000 with between 800 and 1300 square feet
total approximately $5730. These fees include:
CITY OF DELRAY BEACH-IMPOSED IMPACT FEES
Deposit $ 75.00
Water System Connection Fee $ 788.00
Meter Installation ( 1 " ) $ 525.00
Sewer System Connection $1084.00
Parks & Recreation impact fee $ 500.00
Total city Impact Fees $2,972,00
CITY OF DELRAY BEACH BUILDING PERMIT FEES
Building Permit $ 660.00
Paving Permit fee $ 63.50
Irrigation permit fee $ 63.50
Total Permit Fees $ 787.00
PALM BEACH COUNTY-IMPOSED IMPACT FEES
Road Impact Fee $1,650.00
Parks Impact Fee 123.91
Law Enforcement 5.30
Public Bldgs. 51.76
Schools 140.25
Total County I.pact Fees $1,971.22
There is currently no provision for waiving impact fees
through either the City or the county. Therefore funding
will be made available through SHIP and/or other dollars for
the payment of these fees when it can be determined that the
resul t of this subsidy will be a more affordable unit for
the homebuyer.
Current policy (Commission action 1/21/92) provides
for a 70% reduction in building permit fees (excluding
impact fees and water connection fees) for non-profit
(501(C) ( 3 ) ) agencies. This represents a $550 reduction to
the overall fees imposed on new construction. This policy
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also provides a-fO!,~,_a-:=_,lpO% waiver of all fees assessed under
section 2.4.3(K)(1) of the Land Development Regulations
(Development Applications, 1. e. site Plan Review, Plats,
el: c. ) .
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The Palm Beach County Board of County Commission will be
formally ··petitioned for an exemption from the requirements
of impact fees for the entire CDBG target area. This
exemption would provide a $2000 reduction in the cost of
constructing one single family unit.
4. Allowance of Increased Density Levels. (Comprehensive Plan,
Housing Element, Policy C-3.1)
The Housing Element provides for increases to density when
it can be demonstrated that such increases will lead to an
affordable unit, provided that other policies of the .
Comprehensive Plan are maintained.
5. Reservation of Infrastructure Capacity for housing for
very low and low income persons. (Comprehensive Plan,
Housing Element, Policy A-2.3)
Infrastructure facilities currently exist throughout the
target area. However, where there is visible signs of
deterioration, Comprehensive Plan policy provides for
prioritization in scheduling necessary improvements.
6. Transfer of Development Rights as a financing mechanism
for housing for very low-income and low-income persons.
(Land Development Regulations, Section 4.6.20)
Current policy provides for TDRs when the use of the
property advances the goals, objectives, and policies of the
Comprehensive Plan. Developers may be offered development
rights within areas designated on the Land Use Map as
"Redevelopment Areas" and within geographic areas where
height increases are allowed pursuant to LDRs Section 4.3.4
(J)(4) in exchange for development rights of the "regulated"
property. Thus TDR's may be used as a mechanism to achieve
affordable housing.
7. Reduction of parking and set back requirements. ( Land
Development Regulations, Section 4.6.9(C)
Current regulations require 2 parking spaces per dwelling
unit in Single Family zoning districts. As an incentive to
affordable housing, one of the required parking spaces may
be located within the side set back within one foot of the
property line, provided the impervious area used for parking
is sloped to drain on the lot being developed. This
incentive will provide a cost reduction of approximately
$500 per unit. The incentive will be implemented with the
adoption of the Housing Incentive Plan by the City
Commission.
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8. The allowance of zero-lot-line configurations.
(Comprehensive Plan, Housing Element, B-2.3(f))
Current policy provides for a mix of housing types,
including zero lot-line, single f am i 1 y conventional, and
multiple family housing.
9. Modifications to street and sidewalk requireaents.
Due to concerns for safety and aesthetics there shall be no
modifications to current regulations governing sidewalks and
streets. In order to address affordability, the City
currently considers on a case by case basis provisions for
funding street and sidewalk requirements.
10. Establish a process by which i.pact of proposed new
policies, procedures, ordinances, and regulations are
considered prior to approval.
The Affordable Housing Commission will be responsible for
reviewing and making formal recommendations on all
amendments to the city's Land Development Regulations, Code
of Ordinances, and local polices that may significantly
impact the cost of housing in Delray Beach, prior to their
adoption. The city Department proposing the amendment will
be responsible for notifying the Director of the Department
of Community Improvement who will ensure notice to the
Affordable Housing Commission of such proposals. The
Affordable Housing Commission will, at a regular or special
meeting, review the same and provide a formal recommendation
in writing to the Director of the department proposing the
change. All comments and recommendations from this
Commission will be made a part of the staff report being
considered by the local planning agency (Planning & Zoning Board)
and/or the city Commission.
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Implementation of the review process by the Affordable
Housing Commission will begin effective January 2, 1995.
11. Preparation of a printed inventory of locally owned
public lands suitable for affordable housing.
An inventory of locally owned public lands suitable for
affordable housing shall be prepared on or before July 1994.
12. other:
A. Establish list of properties scheduled for demolition.
The city shall make available to the public a list of
properties scheduled for demolition at least 30 days
prior to demolition. This listing should provide
owners' names and all lien-holders. A cost reduction
of approximately $3000 per unit can be realized in
impact and water connection fees.
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B. solicitation of Assistance to Effect Increases in
- --- Appraisals through the Florida Energy Center.
The city shall request the Florida Energy Center to
take on as a project, tests of energy savings additions
to units which save homeowner dollars. This
effort is for the purpose of the Florida Energy Center
to influence the appraisal industry into recognizing
these measures as added property value.
C. Reduction of Landscape Requirements (LDRs Section
4.6.16(H)
Current requirements at Section 4.6,16(H) for Single
Family housing is that 20% of all pervious lot area be
planted in shrubs and ground cover and the remaining
%80 of the area be planted in turf.
In support of projects participating the city's
Affordable Housing Programs the requirements of the
landscape code are to be reduced to allow for only 10%
of the pervious single family lot area be planted in
shrubs and ground cover and that the requirements be
installed in front and sidestreet setbacks. It is
estimated that $1200 would be reduced from the cost of
producing one unit.
D. Waiver of Requirements of Final Engineering plans
Current policy at Section 2.4.3lF) requires that
Engineering Plans be prepared and submitted as
specified by the various regulating agencies, i.e.
utility providers, Ci ty Engineer, South Florida Water
Management District and HRS. The requirements for
calculating water drainage and other off-site
improvements for infill lots, particularly where
improvements are in place, shall be waived. A cost
reduction of $1000 is estimated.
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\îf]î.'?Jl94 ~.c.è-f:;~~~"",~~~~ NOV 1 4 1994
_n_~ CITY COMMJSSI()t~
F':ORIDA' HOUSING FINANCE AGENCY
~ I { D u\\1on Chiles
L-ò Dt- ttrr ( Thom.uN.r;
~ CN"m...
t< f< 1./ ./ /, -!- WilliMn ,. Ramsey
LÙD(L~~ v.c~O>~~lNn
JOOI'6 01 0i_1o"
E. Uwyd Ecdestooe, 'r.
November 8, 1994 Edwardl~,'r.
Carl H. Mayes
P,¡mel,¡ y, P,¡ul
Lorenzo Simmons
CERTIFIED HAIL TOOm.tsA. Stevens
Linda Loomis Shelley
E" oKlCio
The Honorable Thomas Lynch, Mayor
. f 1 h Sus,¡n . Leigh
C1 ty 0 De ray Beac loecutive 0;,0001'
100 Northwest First Avenue
Delray Beach, Florida
RE: Delray Beach Local Affordable
Housing Incentive Plan
Dear Mayor Lynch:
The Agency has received the Local Affordable Housing
Incentive Plan (HIP) submitted by the City of Delray Beach. The
Affordable Housing Advisory Committee and the local government
are to be congratulated for their diligence in providing
recommendations and implementing housing incentives in your
jurisdiction.
The SHIP Review Committee has reviewed the HIP to determine
if it meets the requirements mandated in Section 420.9076, F.S.
While there are important incentives in the HIP, it was the
consensus of the Committee that additional information must be
provided before the Incentive Plan can he approved. Please
review the attached comments and incorporate those comments ln
the revised tncentive Plan.
The amended Incentive Plan must be adopted either by
ordinance, resolution or minutes from the local commissioner's
meeting and submitted to the Agency within 60 days from receipt
of this letter. Failure to submit the Incentive Plan within the
60 day period will result in the termination of the local
government's SHIP funds and the recapture of any uncommitted SHIP
funds from the county's local housing assistance trust fund.
227 NORTH BRONOUCH STREET, SUITE 5000. TAllAHASSEE, Fl32301-1329 · (904)488-4197 · FAX (90~)433·9809
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The Honorable Thomas Lynch, Mayor
November 8, 19~i4
Page Two
If the Agency may be of assistance to you as you are
amending your Incentive Plan, please feel free to contact
Mrs. Beverly Cliett, SHIP Program Administrator, at 904/488-4197.
SJL/cj
cc: Ms. Lula Butler
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SHIP REVIEW COMMITTEE COl4MENTS
DELRAY LOCAL AFFORDABLE HOUSING INCENTIVE PLAN
November 8, 1994
1- It was the consensus of the Review Committee that the
Incentive Plan did not adequately address Incentive 10 which
provides for a process of review of I oca 1 policies,
ordinances, regulations and plan provisions that
significantly impact the cost of housing prior to adoption.
The Incentive Plan must describe the process the Housing
Advisory Committee will utilize to review policies,
procedures, ordinances, regulations, etc. that will have a
significant impact on the cost of housing prior to their
adoption. Also, provide an implementation schedule for this
incentive.
2. Page 2423 of the Land Development Code is provided as a
reference for Incentive Two, Expedited Permitting Process
for Affordable Housing Projects.
Explain the significance of providing this document as a
reference for expediting the permitting processed for
affordable housing projects.
3. Page 3, Reduction of Parking and Setback Requirements,
indicates a parking space may be within one foot of a
property line if the unit is designated as an affordable
housing unit.
provid~ an implementation schedule for this incentive and
have the language incorporated in the Land Development Code
the next time the code is amended.
4. The Affordable Housing Advisory Committee worksheets were
not forwarded with the Incentive Plan.
Please provide a copy of the committee's recommendations.
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER t~f
SUBJECT: AGENDA ITEM # 8'K - MEETING OF DECEMBER 13, 1994
AWARD OF BIDS AND CONTRACTS
DATE: DECEMBER 9, 1994
This is before the Commission to approve the award of the
following bids and contracts:
1. Contract Award - one year renewable contract to Vulcan
Peroxidation Systems, Inc. for system to remove odor causing
hydrogen sulfide from the City's wastewater transmission
system, in the amount of $116,997.20 with funding from Lift
Station Maintenance - Chemicals (Account No. 441-5144-536-
52.21).
2. Lease agreement - three-year lease of a Canon NP-8530 copier
for the Planning & Zoning and Community Improvement Depart-
ments. The monthly lease which includes a service contract
is $589.65, with funding from Planning and Zoning Rentals and
Leases - Equipment (Account No. 001-2511-515-44.30) .
3. Lease/purchase of photocopier (Kodak Model 2085) for City
Clerk's Office - from Eastman Kodak Company, via GSA
Contract, with lease financing through Barnett Bank at a
monthly cost of $861.11 for 48 months, plus $337.00 per month
maintenance. Funding is available from Debt Service -
Lease/Purchase (Account No. 001-7111-519-71.50) .
4. Contract Award to Hardrives of Delray, Inc. for the North
Tank/City Attorney Office Site Modifications; reconstructing
an asphalt parking lot, stormwater retention basin, land-
scaping, and irrigation improvements, with funding in the
amount of $161,420 from Capital Outlay - Improvements City
Attorney Block (Account No. 441-5161-536-63.91) .
5. Bid Award - to Telcon, Inc. for the 24" Raw Water Main -
Phase III and associated road restoration from Military Trail
to Homewood Boulevard, with funding in the amount of $977,443
from 1993 B Water and Sewer Revenue Bond Construction - Wells
Morikami Park 6 (Account No. 440-5179-536-63.61) .
6 . Grant Awards - Four Housing Rehabilitation Grant Awards,
through the State Housing Initiatives Partnership Program
(SHIP) and the Home Investment Partnerships Program (HOME) ,
to be awarded as follows: $17,619 to Henry Haywood for
rehabilitation at 305 Roosevelt Avenue, $25,184 to Alpha
Ultra, Inc. for 313 S.W. 15 Terrace, $18,884 to Alpha Ultra,
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Inc. for 216 S.W. 3 Avenue, and $13,613 to Alpha Ultra, Inc.
for 709 S.W. 10 Street. Funding is available from SHIP
(Account No. 118-1924-554- 49.90) , and HOME (Account No.
118-1923-554-49.19) .
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Agenda Item NO.lrJ<
AGENDA REQUEST
Date: 12/6/94
Request to be placed on:
XX Regular Agenda
special Agenda
Workshop Agenda When: 12/13/94
Description of item (who, what, where, how much): Staff requests
Commission award an annual hydrogen sulfide control system contract to
Vulcan peroxidation Systems, Inc. , the lowest responsible bidder, in the
amount of $116,997.20. This is a one year contract renewable annually to
a maximum three year term for removal of odor causing hydrogen sulfide
from the city's wastewater transmission system. Funding for this
contract is from account #441-5144-536-52.21, Lift station Maintenance,
Chemicals.
ORDINANCE/RESOLUTION REQUIRED: JJ_/NO DRAFT ATTACHED JJ_/NO
Recommendation: Staff recommends a hydrogen sulfide control
system contract to Vulcan ms, Inc. , in the amount of
$116,997.20.
DEPARTMENT HEAD SIGNATURE: ,~I(h
Determination of consistency with Comprehensive Plan:
city Attorney Review/Recommendation (if applicable)
Budget Director Review (required on all items involving expenditure of
funds) , ~
Funding availabl YE /NO
Funding alternat've (if aïPliCable)
Account No. , D:r~r~on. 44/.::: S/44--~. 52 -Zf 7 FT'?íATlW-C HeM! t'l/ù;
Account Balance ~~
City Manager Review:
Approved for agenda: @/NO fJ~l
Hold until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
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MEMORANDUM
TO: David T. Harden __,~
city Manager ~
FROM: Richard C. Hasko, P.E.
Deputy Director of Public utilities
SUBJECT: HYDROGEN SULFIDE CONTROL
SYSTEMS CONTRACT AWARD
PROJECT NUMBER 94-043
DATE: December 6, 1994
Attached is an agenda request recommending award of the
subject contract to Vulcan peroxidation Systems, Inc. in the
total amount of $116, 997 . 20. Of the three respondents to
the prequalification bid for this contract, two were
successfully prequalified for participation in the final bid
proposal. They were Vulcan peroxidation Systems, Inc., and
Davis Water and Waste Industries, Inc., Process Division.
Both prequalified bidders proposed the use of hydrogen
peroxide as their base chemical for control of hydrogen
sulfide in the City's sanitary sewer system. Total
evaluated bids were received as follows:
,
Vulcan Peroxidation $116,997.20
Davis Process $118,561.20
It should be noted that the city's current contract,
expiring on December 31, 1994, incurred an annual cost of
$160,000.00 for similar services.
This contract is for a one year term renewable annually to a
maximum three year term. Funding for this expenditure is
from account #441-5144-536-52.21, water and sewer fund, Lift
station Maintenance, chemicals.
RCH: jem
c: William H. Greenwood, Director of ESD
Robert Bullard, Manager of Maintenance
Jackie Rooney, Buyer
f: Peroxidation
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E ECKLER ENGINEERING
CONSUL TING CIVIL ENGINEERS
December 5, 1994
2I5.EOA
Mr. Richard Hasko, P.E.
City of Delray Beach
434 S. Swinton Avenue
Delray Beach, PI 33444
Dear Mr. Hasko:
Reference: Bid No. 95-08
Hydrogen Sulfide Control System
City Project No. 94-043
Bids were received by the City of Delray Beach for the above referenced project on
November 30, 1994. Bids were submitted by the two system vendors who had been
prequalified by the City of Delray Beach for the bidding phase of this project. The
following is a summary of the bids received by the City on November 30, 1994:
Estimated Total Annual
Vendor Cost to the City
Vulcan Peroxidation Systems, Inc. $116,997.20
Davis Process Division $118,561.20
We have reviewed the above referenced bid submittals and have found various informalities
contained in each of the Vendors' bid submittal packages. These informalities, on a vendor-
by-vendor basis, are as follows:
Vulcan Peroxidation Systems. Inc.
1. Under 6.05, the VENDOR listed dates, Addendum numbers and description of
addenda items pertaining to the bid of August 2, 1994. These items do not pertain
to the bid of November 30, 1994.
2. Section 11310 - Hydrogen Sulfide Control System, page 14, Corporate
Acknowledgement, the person listed as the officer or agent of Vulcan Peroxidation
Systems, Inc. is not the same as the person signing this document. This document,
however, was not required to be completed for the bid submittal.
Davis Process Division
1. Section 00440 - Indemnity, was not submitted.
9381 WEST SAMPLE ROAD 305/755·1351
CORAL SPRINGS, FL 33065 Printed on Recycled Paper FAX 305/755·2741
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.. . . .
Mr. Richard Hasko, P.E.
December 5, 1994
Page 2
Each bidder has informalities in their bid. The informalities are not significant and, due to
the tight timeframe involved for the City to award a contract for these services, it appears
as though rebidding of this project is not an option. Therefore, we offer the following
recommendation on a strictly technical basis. The City's Purchasing and Legal Departments
must decide how to award these services with the informalities which exist.
We recommend awarding the contract for the Hydrogen Sulfide Control System project to
Vulcan Peroxidation Systems, Inc., a competent VENDOR experienced at providing
hydrogen ~1l1fide control. They are the City's current supplier.
No matter who is awarded this contract, the cost of hydrogen sulfide control should be
reduced as the City continues to rehabilitate their pump stations. It is anticipated that with
the rehabilitation of the existing pumping/transmission system, the reliance on liquid phase
treatment will decrease. This can currently be obselVed by the low liquid phase hydrogen
sulfide levels at stations 11, 1 and 4 since the start up of the City's new booster lift station
compared to readings at these stations prior to the booster station coming on line.
H you have any questions or require additional information pertaining to this
recommendation of award, please do not hesitate to contact me.
Sincerely,
j)~A. 6&-
Donald A. Eckler, P.E.
215EOA.C09
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDEN, CITY MANAGER
THRU: ~M~CTOR
DEPARTMENT OF PLA NING AND ZONING
'~'"
~êj \'
FROM: DIANA MUND, ADMINISTRATIVE ASSISTANT
SUBJECT: MEETING OF DECEMBER 13, 1994 *** CONSENT AGENDA ***
APPROVAL OF A 3-YEAR LEASE FOR A COpy MACHINE FOR THE
PLANNING & ZONING AND COMMUNITY IMPROVEMENT
DEPARTMENTS.
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is approval of
a 3 year lease for a Canon NP-8530 copy machine for the
Planning & Zoning and Community Improvement Departments.
BACKGROUND:
The Planning & Zoning and Community Improvement Departments are
seeking to replace their existing Xerox 5052 copy machine with a
Canon NP-8530 copier. The Xerox was originally intended to be
used by Planning and Zoning, however, it has been used over the
past four years by Community Improvement staff as well. As a
consequence the machine has been steadily overutilized for a
number of years, and experiences frequent breakdowns. For the
past year we have operated without a maintenance agreement
(because of the volume of copies, such an agreement would have
cost us $450 per month). Service calls during this period have
totalled more than $2,500, and have caused a great deal of
inconvenience for both departments. We tried to transfer the
Xerox to a smaller department, but due to the high maintenance
agreement costs we have been unsuccessful in doing so. The
machine is currently in need of repair again.
Staff evaluated a number of proposals for copiers from various
companies, and has selected the Canon NP-8530. The new machine
will be able to handle our projected volume of 30,000 copies per
month. The monthly lease of $589.65 is per a State rate, and
includes a service contract.
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City Commission Documentation
Copy Machine Lease for the P & Z and Community Improvement
Departments
Page 2
Attached is a comparison of the costs of leasing versus
purchasing the machine. While the total for leasing the machine
is higher, the price given for buying the machine assumes an
outright purchase with one payment of $13,345, and then payment
over time of a monthly service fee.
Currently there are no funds in the budget for an outright
purchase, therefore, the money would have to be borrowed, or
installment payments made. This would involve interest
payments, which would make the total fee higher. In addition,
our experience with the purchasing option has not been positive.
The costs of maintaining an older machine are exhorbitant, and
the numerous breakdowns are a significant detriment to the
productivity of both departments.
RECOMMENDED ACTION:
By motion, approve the 3 year lease for the Canon NP-8530 copy
machine for the Planning & Zoning and Community Improvement
Departments.
Attachments:
* Cost Comparison
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FILE: COPIER94
PLANNING & ZONING PURCHASE LEASE
O,~NON NP CANNON NP
85Jü 8530
-...------------- -----..---------
PURCHASE PRICE/LEASE AMOUNT 13,m ,00 13,545.00
TRADE IN 200.00 200.00
NET PURCHASE PRICE 13,345.00 13,345.00
TOTAL PAYMENTS
-----------------------------------
YEAR 1 (ANNUAL PAYMENT~ 13,345.00 4.435,80
YEAR 2-J 0.00 8,871.60
SERVICE CHARGE 5,400,00 7,920,00 \
SUPPLIES 771.43 771.43
-------.._----..- ---------------
SUB-TOTAL 19,516,43 21,998,83
PURCHASE OPTION AT END OF TERM N/A MIA
-------....--......- ---------------
TOTAL 19,516.43 2U98,83
OPTION 1: OUTRIGHT PURCHASE
OPTION 2: LEASE @ $369.65/MOS PLUS A SERVICE CHARGE OF $220/MOS,
RECOMMENDATION: OPTION 2.
NOTE: BARNETT BANK WAS UNABLE TO MAKE A BID PROPOSAL. THE LEASE AMOUNT
FELL BELOW THEIR THRESHOLD.
NO INSTALLMENT PURCHASE OPTIONS WERE AVAILABLE WITH THIS COPIER,
~-- -----.--------
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f'ÎJ1
M E M 0 R AND U M
TO: David T. Harden, City Manager
FROM: Alison MacGregor Harty, City Clerk
SUBJECT: Photocopier for the City Clerk's Office
DATE: December 5, 1994
-------------------------------------------------------------------
-------------------------------------------------------------------
The lease/purchase agreement for the City Clerk's photocopier
expires on December 31, 1994. With our current Xerox 1090 copier,
we have three choices: ( 1 ) outright purchase for $10,500; ( 2 ) trade
in for a new lease option; or ( 3 ) terminate the lease. The 1090
has performed very well, but in recent months has required more
frequent service calls to keep it running to our demand. I do not
recommend an outright purchase.
Instead, we asked Xerox for a proposal on an upgrade to the 1090.
We were provided a quote for a 48-month lease/purchase agreement on
the Model 5388, their recommendation for our office based on our
demonstrated needs. We also received a proposal from Kodak for
their Model 2085, that company's recommended counterpart to the
Xerox 5388.
We attended on-site demonstrations to inspect both machines. They
are entirely comparable and I believe that either of the two will
meet our needs. Service from Xerox has been excellent. Likewise,
our micrographic equipment is Kodak and we have received excellent
service and support from that company. In checking references on
the Kodak copier, all comments have been positive with emphasis on
the machine's dependability and service response.
A copy of the Finance Department's analysis is attached. It
appears that the Kodak 2085, with financing through Barnett Bank,
is the best deal, all other considerations being equal.
Recommend approval of four year installment purchase of Kodak 2085
copier, with Barnett Bank financing at $861.11 per month, plus
$337.00 per month maintenance cost and estimated $435.50 per month
copy charge, subject to final review and approval of all agreements
by the City Attorney. Funding is available from Debt Service -
Lease/Purchase (Account No. 001-7111-519-71.50)
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FILE: LEASE95
CITY CLERK INSTALLMENT INSTALLMENT
PURCHASE LEASE/PURCRASE PURCHASE
XEROX XEROX KODAK
5388 5388 2085
---....--..------- --------------- ----..----------
PURCHASE PRICE/LEASE AMOUNT 41.175,00 41.175,00 36.695,~0
SETTLEMENT CREDIT i I ,500,001 ¡ I ,500,00 ) 0,00
ADDITIONAL EQUIPMENT 0,00 0,00 1.500,00
NET PURCHASE PRICE/LEASE AMOUNT 3Q.675,OO 39,675,00 J8.1~5;)0
TOTAL PAYMENTS
-----------------------------------
PURCHASE OF ADDITIONAL EQUIPMENT 0,00 0,00 1,500,00
YEAR 1 (ANNUAL PAYMENT) 11.439.60 10.349,76 10,990.92
YEAR 2-4 34.318,80 31.049,28 J2.972,76
MAINTENANCE 9.840.00 9.840.00 16.176,00
CREDIT 0,00 O,00 (5.000.001
COPY CHARGE 165.000/MOS, 29.328,00 29.328,00 20.904.00
-.._------------ ------------.-- --.....-----------
SUB-TOTAL 84.926.40 80.567,04 77.50.68
PURCHASE OPTION 0,00 5.400.00 0,00
--------------- --------------- ---------------
TOTAL 84,926,40 85.967.04 77. S4J, 68
BARNETT BANK INSTALLMENT LEASE
-----------------------------------
PURCHASE OF ADDITIONAL EQUIPMENT 0,00 1.500,00
YEAR 1 (ANNUAL PAYMENT I 11,172.48 10,JJJ,J2
YEAR 2-4 33.517,44 Ji).999,~6
MAINTENANCE . . 9,840.00 16.176.00
CREDIT 0,00 (5.000,;)01
COPY CHARGE (65,000/MOS.1 29,328.00 20.904,00
---------...----- -----.....-..------
SUB-TOTAL 83.857,92 14.91J.28
PURCHASE OPTION 0,00
--------------- ---...---_....._----
TOTAL 83.857,92 74.913,28
OPTION I: FOUR YEAR INSTALLMENT PURCHASE @ $953,30/MOS, PLUS $205/MOS FOR MAINTENANCE AND
S611/MOS. FOR COPY CHARGE,
OPTION 2: FOUR YEAR LEASE PURCHASE ~ S862,30/MOS. PLUS S205/MOS FOR MAINTENANCE AND
$611/MOS. FOR COPY CHARGE,
OPTION 3; FOUR YEAR INSTALLMENT PURCHASE 8 S915,51/MOS, PLUS $337/MOS FOR MAINTENANCE AND
S435.50/MOS, FOR COPY CHARGE.
RECOMMENDATION: OPTION 3 'ITH BARNETT BANK FINANCING ~ $861. lllMOS, PLUS
$337/MOS FOR MAINTENANCE AND $435.50 FOR COpy CHARGE.
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FILE: LEASE95
CITY CLERK INSTALLMENT I NS1 ALLMENT
PURCHASE LEASEIPURCHASE PURCHASE
XEROX XEROX KODAK
sm sm 2085
...................--...........- --...........-..-...-......-- -...--.....-.........---..-
PURCHASE PRICEILEASE AMOUNT 4 ¡ . ¡ 7 S ,00 41.17 5.00 36.h95,l!ü
SETTLEMENT CREDIT ! ! ,SOO. 00 \ i \ .51)0, ;)0 \ o ,iii';
ADDITIONAL E00¡PMENT 0,00 ,00 1.)00.00
NET PURCHASE PRICEILEASE AMOUNT )U75.i¡0 )4.675.110 lUi5,':0
TOTAL PAYMENTS
----~-----...----------_...-----------...
PURCHASE OF ADDITIONAL EQUIPMENT o , O(~ 0,1)0 1,500,00
YEAR I ¡ANNUAL PAYMENT I 11.439,60 10,349.76 10,9QO.92
YEAR H 34.318.80 31.044,28 32.471,76
MAINTENANCE 4.840.00 9.840,00 16.176,00
CREDJT 0,00 HI) 15 .oon, 00\
COpy CHARGE !65.000/MOS,) 2U2LOO 29.328.00 20,904.00
--..--.......-..........-- --...---...............--... ....._..-..........--_...-...
SUB-TOTAL 84.926.40 80.567.04 77.543,68
PURCHASE OPTION 0,00 5,400,00 0,01)
--...--...---...---.... --...Oo----------... ---------------
TOTAL 84.926.40 85,967.04 7U4L 68
BARNETT BANK INSTALLMENT LEASE
--~..._---------------------..-----..--
PURCHASE OF ADDITIONAL EQUIPMENT 0,00 1 ,500.00
YEAR 1 (ANNUAL PAYMENT) 11,172.48 10.33) .32
YEAR 2-4 33.517.44 )0,999.96
MAINTENANCE 9.840,00 16. ¡ 76.00
CREDIT 0.00 (5,000,00)
COpy CHARGE (65.000IMOS. I 29,128.00 20.904.00
..-----...--.....-.......- --..-...---..-..----
SUB-TOTAL 83,857,92 14.913.28
PURCHASE OPTION 0.00 0
........_.............___w.... --..........--.....----
TOTAL 83.857.92 74.913.28
OPTiON 1: fOUR YEAR INSTALLMENT PURCHASE @ $953.30/MOS, PLUS $205/MOS fOR MAINTENANCE AND
$611/MOS, FOR COpy CHARGE,
OPTION 2: FOUR YEAR LEASE PURCHASE @ $862,30/MOS. PLUS $205/MOS fOR MAINTENANCE AND
$6J1/MOS. FOR COpy CHARGE,
OPT ION 3: fOUR YEAR INSTALLMENT PURCHASE @ $915,51iMOS. PLUS $331/MOS FOR MAINTENANCE AND
$435,50/MOS, FOR COpy CHARGE.
RECOMMENDATION: OPTION 3 WITH BARNETT BANK FINANCING @ $861. II/MOS. PLUS
$337/MOS FOR MAINTENANCE AND $43S.50 FOR COPY CHARGE.
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Agenda Item No.:
AGENDA REQUEST
Date: December 8. 1994
Request to be placed on:
--X-- Regular Agenda
_____ Special Agenda
_____ Workshop Agenda When: December 13. 1994
Description of item (who, what, where, how much): Staff requests award of the
construction contract for the construction contract for the North Tank/City
Attorney Office Site Improvements (proiect No. 92-033) to Hardrives of Delray.
Inc. as they were the lowest responsible responsive bidder. with their bid of
S161. 420.00. This proiect consists of reconstructinq an asphalt parkinq lot.
storm water retention basin, landscapinq and irriqation improvements.
The fundinq source for this proiect is:
441~5161-536-63.91 for S161.420.00
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends award of the North Tank/City Attorney Office
Site Modifications ( proi ect No. 92-033) of Delray. Inc. for their
bid in the amount of 161 420.00.
Department Head Signature: '2--G-~f
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable)
Budget Director Review (~ed on all items involving expenditure of funds):
Funding available: YES 0
Funding alternative (if applicable)
Account No. & D~onjß[J-Sl"(-S.3f,.b?;;-q1 W/$ NfJ¡J{]ÆpITIV.:~ATTY
Account Balance -:;..0 , -e' ¡µPRJ/.
City Manager Review:
Approved for agenda: GNO wvl
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
Fi Le: AG233DD8.MRM
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DEPARTMENT OF ENVIRONMENTAL SERVICES
M E M 0 RAN DUM
TO: David T. Harden
City Manager
FROM: ~ William H. Greenwood, P.E.~
Director of Environmental Services
DATE: December 8, 1994
SUBJECT: North Tank/City Attorney Office site Modifications
Project No. 92-033
Attached is an agenda request and bid tabulation for the
regular Commission Meeting on December 13, 1994, requesting
award of the construction contract for the referenced
project to Hardrives of Delray, Inc. They are the lowest
responsible responsive bidder and the proposed contract
amount is $161,420.00.
This project consists of reconstructing an asphalt parking
lot, stormwater retention basin, landscaping and irrigation
improvements.
The funding source for this project is:
441-5161-536-63.91 for $161,420.00
Please place this item on the agenda for Commission
approval.
WG:RU:mm
cc: Joe Safford, Finance Director
File: Project No. 92-33 (D)
Agenda File
WG233D08.MRM
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DEPARTMENT OF ENVIRONMENTAL SERVICES
MEMORANDUM
TO: David T. Harden
City Manager
FROM: Dan Beatty, P.~
city Engineer ~
DATE: November 30, 1994
SUBJECT: PAVING AND DRAINAGE IMPROVEMENTS
CITY ATTORNEY BLOCK
PROJECT NO. 92-033
Attached is a bid tabulation and notice of tentative award
for the subject project. Hardrives, Inc. of Delray is the
low bidder. The base bid by Hardrives is $14,991. 25 less
than the engineer's estimate. Also attached is a memo from
Nancy Davila regarding the alternate bid. The total
combined bid amount of $161,420 is less than the $186,000
budgeted for the project; therefore, we recommend that the
bid be awarded to Hardrives of Delray. If you concur,
please sign the attached notice of tentative award for
further processing.
DB: mm
cc: William H. Greenwood, Dir. of Environmental Services
Richard C. Hasko, P.E., Dir. of Public utilities
File: Project No. 92";'033 "-(DJ'
DB233N30.MRM
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M E M 0 RAN DUM
TO: DAN BEATTY, P.E., CITY ENGINEER
FROM: NANCY DAVILA, HORTICULTURIST/SPECIAL PROJECTS COORDINATOR ~
RE: CITY ATTORNEY BLOCK BIDS - LANDSCAPING AND IRRIGATION
DATE: NOVEMBER 30, 1994
I have been informed that the bid prices for the landscaping and irrigation
for the beautification project at the City Attorney's Block are higher than
the estimated cost of the work.
The landscaping bid is $41,750.00 which is $6,750.00 more than the estimate.
This can been attributed in part to the pass through costs of the General
Contractor.
The irrigation bid at $32,000 is almost double the estimated cost of
$15,000. I spoke to the Consultant who prepared the plans and provided the
estimate and he indicated he was not surprised the bid was higher as he
remembered having major computer malfunctions at his office during the time
the estimate was requested.
The low bidder, Hardrives, stated that all the bids he requested for
irrigation were in the range of $28,000 to $35,000 and the bid received,
therefore, was not unreasonable.
Based on the above, the bids for the landscaping and irrigation seem to be
reasonable and I would recommend that the bid be awarded to Hardrives, Inc.
. ----
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City of Delray Beach
Departmental Budget Transfer
9-Dec-94
(1) Departmental Une Transfer (2) Date
(3) Interfundllnterdepartmental Transfer (4) Batch Number
Linda Turnage, Budget Administrator
(5) Requested By:
(6) ACCOUNT NUMBER (7) DESCRIPTION (8) TRANSFER OUT (9) TRANSFER IN
441-0000-301.41-00 Prior Year Surplus 161,420
441-5161-536,63-91 Improvement's City Atty Block 161,420
161,420 161,420
(10) TOTAL
JUSTIFICATION: To bring forward the project balance from FY 1994 for the City Attorney's
Block Improvements. This project was identified in the CIP last year with a remaining budget of $185,750,
Proiect No, 92-033
Department Head Asst City Manager
Budget Officer City Manager
(H) Budget Revision Date (12) Control Number
(13) Period (14) Count
--.-...... -.'--- - - &.. --.. _.. - _--0-- __~_ ~-- --".-
I
Agenda Item No.:
AGENDA REOUEST
Date: December 8. 1994
Request to be placed on:
~ Regular Agenda
_____ Special Agenda
_____ Workshop Agenda When: December 13, 1994
Description of item (who, what, where, how much): Staff requests award of the
construction contract for the 24" Raw Water Main Phase III - Militarv Trail to
Homewood Blvd. (Pro;ect No. 94-79) to Telcon, Inc. , as they were the lowest
responsible responsive bidder, with their bid of $977,443.00. This pro;ect
consists of installinq approximately 9,200 LF of 24" raw water main and
associated road restoration.
The fundinq source for this pro;ect is:
440-5179-536-63.61 for $977,443.00
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends award the 24" Raw Water Main Phase III -
Militarv Trail to Homewood Blvd. No. 94-79) to Telcon, Inc. for their
bid in the amount of 977 433.00.
Department Head Signature:
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable)
Budget Director Review (~red on all items involving expenditure of funds):
Funding available: YE ïNO
Funding alternative (if app~Cable)
Account No. & DescriPtion~-S'-lq-~~.&6-h{ 'Q3 (5 13OAf./),W{;U,.5, rW~1 ttAMI
Account Balance '(441) ~ ~K.L'J
City Manager Review:
Approved for agenda: {ii/NO ~(
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
I
.
DEPARTMENT OF ENVIRONMENTAL SERVICES
M E M 0 RAN DUM
TO: David T. Harden
city Manager ~~
FROM: ~ William H. Greenwood, P.E.
Director of Environmental Services
DATE: December 8, 1994
SUBJECT: 24" RAW WATER MAIN PHASE III - MILITARY TRAIL TO
HOMEWOOD BLVD., PROJECT NO. 94-79
Attached is an agenda request and bid tabulation for the
regular Commission Meeting on December 13, 1994, requesting
award of the construction contract for the referenced
project to Telcon, Inc. They are the lowest responsible
responsive bidder and the proposed contract amount is
$977,443.00.
This project consists of installing 9,200 LF of 24" raw
water main and associated road restoration from Military
Trail to Homewood Blvd.
The funding source for this project is:
440-5179-536-63.61 for $977,443.00
Please place this item on the agenda for Commission
approval.
WG:RU:mm
cc: Joe Safford, Finance Director
File: Project No. 94-79 (A)
Agenda File
WG479D08.MRM
~K5
.
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Agenda Item No.:
AGENDA REQUEST
Request to be placed on: Date: DECEMBER 8, 1994
Regular Agenda
Special Agenda
Workshop Agenda
xxx Consent Agenda When: DECEMBER 13, 1994
Description of item (who, what, where, how much):
CASE' ADDRESS GRANT AMOUNT
92-B11HOSP 305 ROOSEVELT AVENUE $17,619.00
94-001HOSP 313 SOUTHWEST 15TH TERRACE $25,184.00
92-014HOSP 216 SOUTHWEST 3RD AVENUE $18,884.00
92-024HOSP 709 SOUTHWEST 10TH STREET $13,613.00
(Example: Request from Atlantic High School for $2,000 to fund
project graduation).
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation:RECOMMEND APPROVAL OF AFFORDABLE REHABILITATION
GRANT AWARD THROUGH THE STATE HOUSING INITIATIVES PARTNERSHIP
PROGRAM (SHIP) ACCOUNT #118-1924-554-49.90 & HOME INVESTMENT
PARTNERSHIPS PROGRAM (HOME) ACCOUNT #118-1923-554-49.19
(Example: Recommend approval with funding from Special Events
Account No. 001-3333-555-44.55).
Department Head Signature: ~~Jr ~-
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 87V1
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action: Approved/Disapproved
.
.
. . .
M E M 0 RAN DUM
TO: DAVID HARDEN, CITY MANAGER
FROM: DOROTHY ELLINGTON, COMMUNITY DEVELOPMENT COORDINATOR fJ ~
THRU: LULA BUTLER, DIRECTOR COMMUNITY IMPROVEMENT t/!;
DATE: DECEMBER 8, 1994
CONSENT AGENDA
SUBJECT: HOME INVESTMENT PARTNERSHIPS PROGRAM (HOME) &
STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM (SHIP)
REHABILITATION OF OWNER OCCUPIED UNITS.
ITEM BEFORE THE COMMISSION
This is to request approval for four Housing Rehabilitation Grant
Awards through the State Housing Initiatives Partnership Program
(SHIP) & the Home Investment Partnerships Program (HOME). One of
these projects require a waiver of Policies and Procedures which
limit the dollar amount for Housing Rehabilitation assistance to
$20,000.00 per unit. This request is in accordance wi-rh the
City's approved Housing Assistance Plan developed for the SHIP
Program as well as the agreement for HOME funds between the City
and Palm Beach County.
BACKGROUND
The Home Agreement between the County and the City of Delray
Beach page 24, paragraph 2.c states that "The maximum that the
County may pay in connection with each rehabilitation of an
existing structure shall be $20,000. According to page 23
paragraph B.6 the City must ensure improvements meet or exceed
Section 8 HQS as required by 24 C.F.R. 92. In order to bring the
unit located at 313 Southwest 15th Terrace into compliance with
the standard Housing Code, the dollar amount will exceed the
$20,000.00 limit and requires Commission approval to award the
contract.
The grant award is based on the actual cost of the rehabilitation
as determined by the low bidder plus a 5% contingency. The
contingency may be used for change orders. All unused funds
remain with the (SHIP) & (HOME) grant programs.
As required by the Home Agreement between the City and Palm Beach
County we will obtain from the homeowner, and record in the
public records of Palm Beach County, a second mortgage and
promissory note or Declaration of Restrictive Coveants.
Inspection of work is done by the Department of Community
Improvement's Building Inspection and Community Development
Divisions. Contracts are executed between the building
contractor and the property owner. The City remains the agent
and this office monitors all work performed by the contractor
?I(~
.
.
. . -
ensuring compliance according to specifications and program
guidelines. Pay Request forms require both contractor and
homeowner's signatures. Grant recipients have met all
eligibility requirements as specified in the approved Policies
and Procedures.
The rehabilitation activity will bring the homes to minimum code
requirements by repairing roofs, electric and plumbing systems
and correcting other incipient code violations. Detailed work
write-ups and individual case files are available for review at
the Community Development Division Office.
The Contract Award and Bid Summary sheets are attached for your
reference.
RECOMMENDATION
Staff recommends Housing Rehab Grant through the (SHIP) & (HOME)
programs be awarded for the following:
Case# Address Grant Amount
92-B11HOSP 305 Roosevelt Avenue $17,619.00
94-001HOSP 313 Southwest 15th Terrace $25,184.00
92-014HOSP 216 Southwest 3rd Avenue $18,884.00
92-024HOSP 709 Southwest 10th Street $13,613.00
'.
,
,.
CITY OF DELRAY BEACH
COMMUNITY DEVELOPMENT DIVISION
BID INFORMATION SHEET (SHIP & HOME PROGRAM)
BID #: 95-14HOSP
APPLICANT: Glayds Kirkland
APPLICATION #: 94-001HOSP
PROJECT ADDRESS: 313 Southwest 15th Terrace
DATE OF BID LETTERS: November 30. 1994
DATE OF BID OPENING: December 8. 1994
NAME OF CONTRACTORS AMOUNT OF BID
ABISSET CORPORATION $
ALPHA ULTRA INC. $ 23.985.00
ARTHUR BADALOO $
BUCCI ENTERPRISES $
CSB CONSTRUCTION $
1ST CHOICE CORP $
INTERCONTINENTAL CONSTRUCTION CORP $ 24,950.00
HENRY HAYWOOD $
MJD CONSTRUCTION SERVICES $
CARLO MERCURIO $
PALMERI CONST. $
RADA ENTERPRISES INC. $
RAY GRAEVE CONSTRUCTION INC. $ 25.375.00
SOUTH FLORIDA CONSTRUCTION $
IN - HOUSE ESTIMATE: $ 25,250.00
CONTRACTOR AWARDED CONTRACT: Alpha Ultra Inc.
BID/CONTRACT AMOUNT: $ 23,985.00
COMMENTS: low bidder
BIDFORM/PG1
.
. . . .
CITY OF DELRAY BEACH
COMMUNITY DEVELOPMENT DIVISION
BID INFORMATION SHEET (SHIP & HOME PROGRAM)
BID #: 95-14HOSP
APPLICANT: Eldra Mae Hanna
APPLICATION #: 92-014HOSP
PROJECT ADDRESS: 216 Southwest 3rd Avenue
DATE OF BID LETTERS: November 30, 1994
DATE OF BID OPENING: December 8, 1994
NAME OF CONTRACTORS AMOUNT OF BID
ABISSET CORPORATION $
ALPHA ULTRA INC. $ 17.985.00
ARTHUR BADALOO $
BUCCI ENTERPRISES $
CSB CONSTRUCTION $
1ST CHOICE CORP $
INTERCONTINENTAL CONSTRUCTION CORP $ 19,865.00
HENRY HAYWOOD $
MJD CONSTRUCTION SERVICES $
CARLO MERCURIO $
PALMERI CONST. $
RADA ENTERPRISES INC. $ 23,215.00
RAY GRAEVE CONSTRUCTION INC. $ 21,630.00
SOUTH FLORIDA CONSTRUCTION $ 19,245.00
IN - HOUSE ESTIMATE: $ 18,095.00
CONTRACTOR AWARDED CONTRACT: Alpha Ultra Ine.
BID/CONTRACT AMOUNT: $ 17,985.00
COMMENTS: Low Bidder
BIDFORM/PG1
"
,
CITY OF DELRAY BEACH
COMMUNITY DEVELOPMENT DIVISION
BID INFORMATION SHEET (SHIP & HOME PROGRAM)
BID #: 95-14HOSP
APPLICANT: Lorene Gabriel
APPLICATION #: 92-024HOSP
PROJECT ADDRESS: 709 Southwest 10th Street
DATE OF BID LETTERS: November 30, 1994
DATE OF BID OPENING: December 8, 1994
NAME OF CONTRACTORS AMOUNT OF BID
ABISSET CORPORATION $
ALPHA ULTRA INC. $ 12,965.00
ARTHUR BADALOO $
BUCCI ENTERPRISES $
CSB CONSTRUCTION $
1ST CHOICE CORP $
INTERCONTINENTAL CONSTRUCTION CORP $ 15, 750.00
HENRY HAYWOOD $
MJD CONSTRUCTION SERVICES $
CARLO MERCURIO $
PALMERI CONST. $
RADA ENTERPRISES INC. $ 16,670.00
RAY GRAEVE CONSTRUCTION INC. $ 16,545.00
SOUTH FLORIDA CONSTRUCTION $ 16,955.00
IN - HOUSE ESTIMATE: $ 13,045.00
CONTRACTOR AWARDED CONTRACT: Alpha Ultra Inc.
BID/CONTRACT AMOUNT: $ 12,965.00
COMMENTS: Low Bidder
BIDFORM/PG1
.
'. .
. , .. .. . ~ .
CITY OF DELRAY BEACH
COMMUNITY DEVELOPMENT DIVISION
BID INFORMATION SHEET
BID #: 95-11 SP
APPLICANT: Ms. Janie Mae Williams
APPLICATION #: 92-B11HR
PROJECT ADDRESS: 305 Roosevelt Avenue
DATE OF BID LETTERS: November 14, 1994
DATE OF BID OPENING: November 23, 1994
NAME OF CONTRACTORS AMOUNT OF BID
ABISSET CORPORATION $
ALPHA ULTRA INC. $ 19,025.00
ARTHUR BADALOO $ 22,835.00
BUCCI ENTERPRISES $
CSB CONSTRUCTION $
1ST CHOICE CORP $ 25,000.00
INTERCONTINENTAL CONSTRUCTION CORP $ 21,530.00
HENRY HAYWOOD $ 16,780.00
MJD CONSTRUCTION SERVICES $
CARLO MERCURIO $
PALMERI CONST. $ 35,440.00
RADA ENTERPRISES INC. $
RAY GRAEVE CONSTRUCTION INC. $ 21,980.00
SOUTH FLORIDA CONSTRUCTION $ 22,835.00
IN - HOUSE ESTIMATE: $ 21, 935.00
CONTRACTOR AWARDED CONTRACT: Henry Haywood
BID/CONTRACT AMOUNT: $ 16,780.00
COMMENTS: low bidder
BIDFORM/PGl
~
"
·
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER (1/1/1
SUBJECT: AGENDA ITEM # 9A - MEETING OF DECEMBER 13 , 1994
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS
DATE: DECEMBER 9, 1994
Attached is the Report of Appealable Land Use Items for the
period December 5 through December 9, 1994. It informs the
Commission of the various land use actions taken by the
designated boards which may be appealed by the City Commission.
Recommend review of appealable actions for the period stated;
receive and file the report as appropriate.
~Q-~ 4-0
,
.
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9fJ£!
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDEN, CITY MANAGER
~ ~~
THRU: ~4 DO NGUEe~
DEPARTMENT OF PLANNING AND ZONING
/::.. aØM
(h..í'\
FROM: JASMIN ALLEN, PLANNER
SUBJECT: MEETING OF DECEMBER 13, 1994
REPORT OF APPEALABLE LAND USE ITEMS
DECEMBER 5, 1994 THRU DECEMBER 9, 1994
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
review of appealable actions which were made by various
Boards during the period of December 5, 1994, through
December 9, 1994.
BACKGROUND:
This is the method of informing the City Commission of land use
actions, taken by designated Boards, which may be appealed by the
City Commission. After this meeting, the appeal period shall
expire (unless the 10 day minimum has not occurred).
Section 2.4.7(E) of the LDRs applies. In summary, it provides
that the City Commission hears appeals of actions taken by an
approving Board. It also provides that the City Commission may
file an appeal. To do so:
1- The item must be raised by a City Commission member.
2. By motion, an action must be taken to place the item on
the next meeting of the Commission as an appealed item.
.
I
city Commission Documentation
Appealable Items Meeting of December 13, 1994
Page 2
PLANNING AND ZONING BOARD
The Planning and Zoning Board did not meet during this period.
SITE PLAN REVIEW AND APPEARANCE BOARD MEETING OF DECEMBER 7,
1994
A. Approved ( 6 to 0) , a request for an elevation change
for the addition of awnings at Grecian Isle
Restaurant, Linton International Plaza, located on the
south side of Linton Boulevard, between S.W. 4th
Avenue and S.W. 10th Avenue.
B. Approved (6 to 1), with conditions, a request from New
Jerusalem Church of God in Christ to reconsider a
condition of the site plan approval, in order to allow
an asphalt shingle roof versus a concrete tile roof.
New Jerusalem Church of God in Christ is located at
the southeast corner of Lake Ida Road and Roosevelt
Avenue.
C. Approved (7 to 0), with conditions, the landscape plan
and elevation plan associated with a 288 square foot
building addition at Speedway Service Station, located
at the southwest corner of S.E. 6th Avenue and S.E.
2nd Street.
D. Approved (7 to 0), a request for a color change to the
Sanderson Building, located on the south side of
Atlantic Avenue, between S.E. 6th Avenue and S.E. 7th
Avenue (630-636 East Atlantic Avenue).
E. Approved (7 to 0), a request for an elevation change
for the addition of an awning at Boston's on the Beach
Restaurant, located on the west side on A-I-A, south
of Atlantic Avenue.
HISTORIC PRESERVATION BOARD MEETING OF DECEMBER 7, 1994
1. Tabled (6 to 0) , a request for Certificate of
Appropriateness for a sign for Villa Delray, 127 S.E.
7th Avenue.
The Historic Preservation Board also considered the following
items which will be forwarded to the City Commission for final
action:
* Recommended designating the property located at 170
N.W. 5th Avenue (Solomon David Spady House) , on the
Local Register of Historic Places.
* Recommended designating the property located at 30 N.W.
3rd Avenue (Susan Williams House) , on the Local
Register of Historic Places.
"
City Commission Documentation
Appealable Items Meeting of December 13, 1994
Page 3
RECOMMENDED ACTION:
By motion, receive and file this report.
Attachment: Location Map
,
"
. . .
LOCATION MAP FOR
CITY COMMISSION MEETING
OF DECEMBER 13, 1994
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A. - GRECIAN ISLE R£STAURANT 1. - VIllA DELRAY
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'I. , , ,
M E M 0 RAN D U M
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER [lrvl
SUBJECT: AGENDA ITEM f : q. ß· - MEETING OF DECEMBER 13. 1994
CONDITIONAL USE APPROVAL/PARKING LOT IN THE OLD SCHOOL
SOUARE HISTORIC ARTS DISTRICT
DATE: DECEMBER 8, 1994
This is before the Commission to consider conditional use approval
for the establishment of a parking lot on vacant property located
across from the Community Center on the east side of N.W. 1st
Avenue. It is owned by the Community Redevelopment Agency and is
in the Old School Square Historic Arts District. The CRA purchased
the property to provide parking for the newly sited historic homes
on Swinton Avenue, and overflow parking for the tennis center and
Old School Square.
The Planning and Zoning Board formally reviewed this request on
November 2 1 , 1994, and unanimously recommended that it be approved
subject to the conditions listed in the staff report. Those items
will be addressed through the site plan approval process.
Recommend approval of the conditional use request to establish a
parking lot on the south 25.3 feet of Lot 4 and all of Lots 5 and
6, Block 60, Town of Delray, based upon positive findings with
respect to LDR Section 2.4.5(E)(5) and subject to the conditions
recommended by the Planning and Zoning Board.
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDEN, CITY MANAGER
THRU: EZ'~~~
ANNING & Z NING
FROM:
SUBJECT: MEETING OF DECEMBER 13, 1994
CONDITIONAL USE FOR A PARKING LOT IN THE OS SHAD
DISTRICT
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of a conditional use request to establish a
parking lot. The project is located within Block 60, Town
of Delray, between N.W. 1st Avenue and Swinton Avenue,
across from the City's Community Center.
B A C K G R 0 U N D:
The subject property consists of the south 25.3 feet of Lot 4,
all of Lot 5, and Lot 6 Block 60, Town of Delray. All of the
lots are vacant.
The Community Redevelopment Agency recently purchased the
property in order to provide parking for the newly sited
historic homes to the east, the Community Center, Tennis Center,
and Old School Square.
The attached Planning and Zoning Staff Report contains
additional background and a full analysis of the request.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at its
meeting of November 21, 1994. The Board, by a vote of 7-0,
recommended approval of the conditional use, subject to the
following conditions:
1. That a site plan and landscape plan be provided which
conforms with the City's Land Development Regulations.
2. That concurrent with site plan approval, a
right-of-way deed be provided which dedicates an
additional 4' along the east/west alley.
,
·
City Commission Documentation
CRA Parking Lot - Conditional Use
Page 2
3 . That a Unity of Title or Subdivision Plat be provided
which combines the CRA's holdings.
4. That an Off-Site Parking Agreement be provided by the
CRA, between the CRA and the City, to allow the
historic homes to the east to use the subject parking
lot to meet its parking requirement.
5 . That a "No Left Turn" sign be installed at the
intersection of the east/west alley and Swinton
Avenue.
6. That a sidewalk be provided along N.W. 1st Avenue.
The above items will be addressed concurrently with the
submission and approval of the site plan.
R E COM MEN D E D ACT ION:
By motion, approve the conditional use for the establishment of
a parking lot located on the south 25.3 feet of Lot 4, all of
Lot 5, and Lot 6 Block 60, Town of Delray, based upon positive
findings of LDR Section 2.4.5(E)(5) and subject to conditions as
recommended by the Planning and Zoning Board.
Attachment:
* P & Z Staff Report
T:CRALTCC.DOC
,
IJLANNING & Z, NING BOARD
CITY OF DELRA Y BEACH --- STAFF REPORT ---
__ u__________ ._.__~.__u__
-,~--~_..._.__._._--._._----------
AEETING DATE: November 21, 1994
AGENDA ITEM: IV.A.
ITEM: Conditional Use Request to Allow the Establishment of a Public
Parking Lot within the OSSHAD (Old School Square Historic Arts District).
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GENERAL DATA:
Owner......,..,......." ,City of Delray Beach Community
Redevelopment ^gpncy
Applicant,.....",...... .Ron Hoggard
Community Redevelopment Agency
Location..............., .East side of NW 1st Avenue, north
of Atlantic Avenue,
Property Size.,......... ,0,53 Acres
City Land Use Plan,.,.., .Mixed Use
City Zoning............. .OSSHAD (Old School Square Historic
Arts District)
Adjacent Zoning. ..North: OSSHAD
East: OS SHAD
South: OSSHAD
vies t: OSSHAD
Existing Land Use....... ,Vacant
Proposed Land Use...... ..Construction of a 50 space parking lot
to serve the C.R.A. Office Complex and
overflow parking for the Tennis Center
and Old School Square.
Water Service........... .N/A
Sewer Service..,......., ,N/A IV.A.
--------~.------ B E FOR E THE
I T E M BOA R D .
.
The action before the Board is making a recommendation
to the City Commission on a request for Conditional
Use approval for a public parking lot, pursuant to
Section 2.4.5(E).
The subject property is located within Block 60, Town
of Delray between N.W. 1st Avenue and Swinton Avenue.
B A C K G R 0 U N D .
.
The subject property consists of the south 25.3 feet of Lot 4,
all of Lot 5, and Lot 6 Block 60, Town of Delray. All of
the lots are vacant. The Community Redevelopment Agency
recently purchased the property in order to provide parking
for the newly sited historic homes to the east, the
Community Center, Tennis Center, and Old School Square.
PRO J E C T DES C RIP T ION :
The proposal involves the development of a 50 space parking lot
with associated landscaping. The parking lot will also contain
a pedestrian walkway system which will connect the parking lot
with the other uses in the block and surrounding area.
CON D I T ION A L USE A N A L Y S I S :
IFUTURE LAND USE MAP The use or structures must be allowed in
the zone district and the zoning district
must be consistent with the land use designation).
The subject property has a Future Land Use Map designation
of Mixed Use and a zoning designation of OSSHAD (Old School
Square Historic Arts District). The OSSHAD zoning district
is consistent with the Mixed Use land use map designation
and "Parking lots not associated with a use" is listed as a
Conditional Use in the OSSHAD district [LDR Section
4.4.24(D) (5)].
CONCURRENCY Facilities which are provided by, or through, the
City shall be provided to new development
concurrent with issuance of a Certificate of Occupancy. These
facilities shall be provided pursuant to levels of service
established within the Comprehensive Plan.
The introduction of a parking lot to serve existing
facilities will not create any additional demand for
services.
,
·
P&Z Staff Report
CRA Parking Lot - Conditional Use
Page 2
CONSISTENCY - -~~-~- -~--
Compliance with performance standards set forth
in Chapter 3 and required findings in Section
2.4.5(E)(5) for the Conditional Use request shall be the basis
upon which a finding of overall consistency is to be made.
Other objectives and policies found in the adopted Comprehensive
Plan may be used in making a finding of overall consistency.
A review of the objectives and policies of the adopted
Comprehensive Plan was conducted and the following applicable
policies were found.
Future Land Use Policy C-3.2: The successful development of the
Old School Square Project is the cornerstone to the rebirth of
the economic vitality of the community. To further accommodate
this activity, the City shall evaluate the potential for the
acquisition of land in the Old School Square area of the City
for the purpose of improving public parking and/or creating a
linkage between Old School Square and governmental facilities to
the west.
The development of the proposed parking lot will meet the
above policy and further enhance the surrounding area. The
plan for the parking lot provides pedestrian walkways and
is located to facilitate use by Old School Square, the
Tennis Center, and other public/private facilities in the
area.
Future Land Use Policy C-3.3: Alleys located within the Old
School Square Historic District on either side of Swinton Avenue
shall remain and be made available for the access to abutting
properties. Accordingly, these alleys shall not be abandoned to
private interests.
Currently, there exists an east/west alley and a
north/south alley adjacent to the subject property. An
additional 4' right-of-way dedication is proposed along the
east/west alley to increase the travel width. A pedestrian
walkway is planned within the north/south alley. Neither
of these improvements will diminish compliance with
the above stated policy.
SECTION 2.4.5(E) REQUIRED FINDINGS: (Conditional Use)
Pursuant to Section 2.4.5(E)(5) (Findings), in addition to
provisions of Chapter 3, the City Commission must make findings
that establishing the conditional use will not:
A. Have a significantly detrimental effect upon the
stability of the neighborhood within which it will be
located;
B. Nor that it will hinder development or redevelopment
of nearby properties.
,
P&Z Staff Report
CRA Parking Lot - Conditional Use
Page 3
The proposed use will be located on vacant property~--To----the
north are existing duplexes, to the east are recently sited
historic buildings, to the south is a vacant drive-thru
restaurant, and to the west is the Delray Beach Tennis Center.
Zoning to the north, east, and south of the subject property is
OSSHAD and to the west is CF (Community Facilities).
A need for additional parking in this area was identified
during the redevelopment of Old School Square and the
Tennis Center, and in the CRA's adopted plan. The
surrounding area consists of office, commercial,
residential, and government type uses. A parking lot in
the general vicinity will foster more redevelopment and
use conversions, and continue the revitalization of the
area.
Based on the above, a finding can be made that the proposed
use will not have an adverse impact on the surrounding area
nor will it hinder development or redevelopment of nearby
properties.
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS
The proposed Conditional Use does not include any changes to the
site plan. Compliance of the site, as currently existing, with
the Land Development Regulations is discussed below.
LDR Section 4.3.4(K) Development Standards Matrix:
As no buildings are proposed, the setback, building height,
and lot coverage requirements of the OSSHAD are not
applicable. The subject property far exceeds the minimum
lot size, depth, frontage, and width requirements for the
OSSHAD district.
Open Space:
Current regulations requires a minimum of 25% of the total site
area to be devoted to landscape area. No calculations have been
provided to determine if this requirement is being met. If the
conditional use is approved, a site plan is required which would
effectively deal with the open space issue.
LDR Chapter 4.6 Supplementary District Regulations:
Landscaping:
The sketch plan submitted concurrently with conditional use
application indicates landscape islands and tiers throughout the
parking lot. A landscape plan will be required along with the
site plan for review if the conditional use is approved.
I
P&Z Staff Report' '.
CRA Parking Lot - Conditional Use
Page 4
Lighting:
As the proposed parking lot will likely be used during evening
hours, it is appropriate to provide lighting to illuminate the
site. As a part of the site and landscape plan review,
sufficient lighting will be required.
Off-Street Parking:
Review of the sketch plan does not indicate that there will be
any problems meeting the design requirements for off-street
parking. The plan provides an adequate number of
handicapped spaces, pedestrian access to adjacent
properties, and a two-way circulation pattern with two
points of ingress and egress.
Other Issues:
Right-of-Way Dedication:
Currently, the east/west alley located south of the subject
property has a width of 16'. This particular alley is heavily
traveled and will be used more both by vehicles and pedestrians
with the ensuing development. The sketch plan indicates a
dedication of an additional 4' that will increase the alley's
total width to 20'. A right-of-way deed will be required to
accomplish this dedication at the time of site plan approval.
Sidewalks:
Pedestrian walkways are indicated throughout the sketch plan.
However, no sidewalks are indicated along N.W. 1st Avenue. As
pedestrian access from the Tennis Center, Community Center, and
City Hall will most likely utilize the parking lot, it is
appropriate to provide a sidewalk along N.W. 1st Avenue.
Platting:
Currently, the Community Redevelopment Agency owns the subject
property in addition to Lot 11 (less the north 24.7 feet) and Lot
12 Block 60, Town of Delray. Lot 11 and Lot 12 are located
directly to the east of the subject property, separated by a 16'
alley. As all of the aforementioned property will be controlled
by the CRA, it is appropriate to require some sort of instrument
that would create a unified parcel. A Unity of Title or a
Subdivision Plat will suffice toward meeting this goal.
"
P&Z Staff Report _
CRA Parking Lot - Conditional Use
Page 5
Off - Site Park i nq Acfreemèn ~:--~__~____n___
As indicated within the conditional use application, one use of
the subject property will be to provide parking for the
recently sited historic homes located immediately to the
east. Pursuant to LDR Sections 4.6.9(E) (4) (a),
4.6.9(E)(4)(a)(iii) and 4.6.9(E)(5), in instances where
uses do not have sufficient space to accommodate customer
and employee parking demands, parking requirements may be
provided off-site in accordance with the following:
* That the parking be provided on property located
within 300' of the use, provided that both
properties are of the same general type of zone
designation.
* That an agreement providing an easement for such use
is prepared and is recorded.
* That the owner of the alternate off-street parking
area, and the owner of the principal use or building
shall enter into a written agreement with the City,
with enforcement running with the City, providing that
the off-street parking area shall never be disposed of
so long as the parking facilities are required.
The development of the subject property as a parking lot meets
the intent of the above code section, however, an off-site
parking agreement needs to be completed and recorded by the CRA
for use by the historic homes.
REV I E W B Y o THE R S .
.
Downtown Development Authority:
The development proposal is not within a geographical area
requiring review by the the DDA (Downtown Development
Authority) .
Historic Preservation Board:
The Historic Preservation Board reviewed the proposed parking
lot at its meeting of November 2, 1994. The Board voted to
recommend approval of this conditional use to the Planning and
zoning Board.
Community Redevelopment Aqency:
The CRA authorized development of the subject property as a
parking lot through the submission and execution of the
conditional use petition by its chairman. No opposition
from the agency is anticipated.
!
P&Z Staff Report
CRA Parking Lot - Conditional Use
Page 6
Old School Square Homeowners-Association:
Formal notice has been provided to the Old School Square
Homeowners Association. To date, no objections have been
received. Any letters of objection will be presented at
the Board's meeting.
Public Notice:
Formal public notice has been provided to property owners within
a 500 foot radius of the subject property. Letters of
objection, if any, will be presented at the Planning and Zoning
Board meeting.
ASS E SSM E N T AND CON C L U S ION S .
.
The development of a parking lot at the subject property will
help facilitate additional redevelopment in the area.
Compatibility is not an issue as additional parking is needed
in the downtown areas for the existing office, government, and
residential uses. This development can therefore be viewed as
an enhancement.
A L T ERN A T I V E ACT ION S :
A. Continue with direction and concurrence.
B. Recommend approval of the request for Conditional Use
approval for the CRA Parking Lot based upon positive
findings with respect to Section 2.4.5 (E) (5)
(Compatibility), Chapter 3 (Performance Standards) of the
Land Development Regulations and the policies of the
Comprehensive Plan subject to conditions.
C. Recommend denial of the Conditional Use approval for the
CRA Parking Lot based upon a failure to make positive
findings with respect to Section 2.4.5 (E)(5)
(Compatibility) and Chapter 3.
R E COM MEN D E D ACT ION .
.
Recommend approval of the request for Conditional Use for the
CRA Parking Lot based upon positive findings with respect to
Chapter 3 (Performance Standards) of the Land Development
Regulations and the policies of the comprehensive Plan, and
subject to the following conditions:
1. That a site plan and landscape plan be provided
which conforms with the City's Land Development
Regulations.
"
P&Z Staff Report
CRA Parking Lot - Conditional Use
Page 7
-----~....._--- ---~--~---
----.-----....--- ----, -._-----------
2. That concurrent with site plan approval, a
right-of-way deed be provided which dedicates an
additional 4' along the east/west alley.
3. That a Unity of Title or Subdivision Plat be provided
which combines the CRA's holdings.
4. That an Off-Site Parking Agreement be provided by the
CRA, between the CRA and the City, to allow the
historic homes to the east to use the subject parking
lot to meet its parking requirement.
Attachment: Location Map
Sketch Plan
Report Prepared by: Steven E. Taylor, Planner.
Reviewed by Diane Dominguez on: 11/10/94.
'V,CHALOT.DOC
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£IT' DF DELIA' IEA£H
DEL RAY BEACH
f lOR lOA
tI.8.d 100 N,W, 1st AVENUE· DELRAY BEACH, FLORIDA 33444, 407/243-7000
AlI·America City
" III! MEMORANDUM
1993
TO: David T, Harden, City Manager
FROM: ~bert A. Barcinski, Assistant City Manager
SUBJECT: AGENDA ITEM #7C CITY COMMISSION MEETING 12/13/94
SPECIAL EVENT APPROVALS / BOOK FEST
DATE: December 6, 1994
ACTION
City Commission is requested to endorse the Book Fest event to be held in Delray
Beach the weekend of February 17, 18, and 19, 1994, to approve a temporary
use permit per LOR, Section 2.4,6(H)3, for the use of tents and closure of N,E, 1 st
A venue, to approve staff support to waive associated overtime costs, and to
waive section 4.6.7(J)(ii), to allow banners and signs to be put up more than one
week prior to the event.
BACKGROUND
Book Fest of the Palm Beaches intends to hold this year's event in Delray Beach
versus the County Fair Grounds. The crowd estimate for the event is 30,000, This
event will take place on the grounds of Old School Square, in the theater, City
Commission Chambers, and at various locations along Atlantic Avenue.
We have received a request from Sally Bailey, the Book Fest Sales Committee
Chair, for support of the event and staff assistance. Items needing Commission
approval include the temporary use permit for the street closure and use of tents
on the grounds of Old School Square, authority to provide staff support, and
waiver of overtime, Other items such as the waiver to consume alcoholic
beverages, banners, and the use of City Commission Chambers can be handled
administratively, We will require proper State licenses and insurance for the sale
and consumption of alcoholic beverages,
Overtime costs for security and traffic control, trash removal, cleanup and
barricade installation are estimated to be approximately $3,000.
@ Printed on Recycled Papa! THE EFFORT ALWAYS MATTERS C¡.C·
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BOOKFEST
Page 2
RECOMMENDATION
Approve the request except for the waiver of overtime and allow signs to go up
two weeks prior to the event, Recommend splitting these costs 50/50 as we
have for the Delroy Affair,
RAB:kwg
I
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tf P.O. Box 18026
-e..s West Palm Beach, FL 33416-8026
. (407) 731-0398
of the Palm Beaches
BOARD OF DIRECTORS
ExecutÍve Co-Directors
MARYBAYKAN
Central Services Coordinator
Palm Beach County Ubrary System November 21, 1994
and
SAllY BAilEY Mr. Robert A. Barcinski
Director . t t ' t M
West Palm Beach Public library Ass1.s an C1. y anager
City of Delray Beach
CATHY BENSON-BROWN 100 NW 1st Avenue
comrronityRelationsCoordinator Delray Beach, FL 33444
Palm Beach County Ubrary System
ANGELICA CARPENTER Dear Bob:
Director
Palm Springs library As you know Palm Beach County Library Association will
hold its annual BookFest of the Palm Beaches at Old
KE~MITCHR~STM~ School Square from 10 AM to 6 PM the weekend of
Executive Produang Director ,
Palm Beach Shakespeare Festival February 17, 18, and 19, 1995. We are exc1.ted about
the move to Delray Beach and are working with Marj orie
MARIANNE COLLINS Ferrer to involve the Chamber in BookFest. R. C.
Children's Associate Concessions and a Chamber member will handle the
Jupiter Branch library , d' '
PalmBeachCountyUbrarySystem food and soft r1.nks for us.
LARAINE CORRELL Would it be possible to close NE lst Avenue between
Reference librarian, Central library Atlantic Avenue and NE 1st street for those three days
PalmBeachCountyUbrarySystem so we can put the portalets, food, soft drink, and
JAMESJ, DEVANEY beer vendors in the street? We would like permission
Public Relations Consultant to sell beer during the event. The beer sales will be
, sponsored by the Shakespeare Festival as they have the
STEVEN EI~ENSTEIN liabili ty insurance necessary for the sale of
A_ao::_c:~etor Sh alcoholic beverages. Palm Beach County Library
~ ~ Association will purchase event insurance.
VIRGINIA K. FARACE
Director We would also like to use the city commission Chambers
Boynton Beach City library on all three days. This would be an ideal location
MARY E "MEG"GALE for panel discussions by authors. In previous years
WilliamBin9MmFoUndation discussions have included the art of mystery writing,
how to get published, writing for children, etc. We
DIANE KACHMAR will have ushers at the door to be sure the room does
Acquisitions librarian t b d d
A '00 At! . U' . l°br no ecome overcrow e .
on antíC n!Verslty I ary
SUSAN LIVINGSTON We will have tents for exhibitors on the Old School
Director Square grounds and hang banners at the front of the
South College Ubrary museum and on the SW and NW corners of the grounds.
SHERRYSVEKIS W~ wil,l work with ~oe Levy at Old School on the
Proprietor d1.mens1.ons and locat1.ons of the banners.
Liberties Fine Books and Music
JOYCE WATERS
Adult Services Librarian
Boynton Beach City Library
.
-
Robert A. Barcinski -2- November 21, 1994
It is important that Palm Beach County Library
Association is the sole authority granting permission
to the vendors and exhibitors to participate in
BookFest. Most of the vendors and exhibitors will
sell books and related items.
I would appreciate your guidance on what we must do to
obtain permission to close the street, use the
Commission Chambers, sell beer, utilize portalets,
erect tents and banners, and be the sole permitting
authority for participating vendors. Does the City
have extra trash containers we can borrow for the
event? Who makes arrangements for trash pick-up
during the weekend?
Please call me at 407-659-8068 if you have any
questions.
sincerely,
l:JaLÜf~
Sally Bailey
PBCLA BookFest Sales Committee Chair
SB/tm
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[ITY DF DELIAY BEA[H
DELRAY BEACH
f I 0 . In...
tzt'td 100 N,W, 1st AVENUE· OELRAY BEACH, FLORIDA 33444·407/243·7000
All-America City
, III J! Novomb., 23,199'
1993
Ms. Sally Bailey
PBCLA BookFest Sales Committee Chair
BookFest of the Palm Beaches
P.O. Box 18026
West Palm Beach, FL 33416-8026
Re: BookFest Requests Dated 11/21/94
Dear Ms. Bailey:
I will be processing your request for street closure, sale of alcoholic beverages, and sole authority to issue
vendor and exhibition penn its for City Commission action at their 12/12/94 meeting. We will also process
a request to waive City overtime costs that may be associated with assistance provided.
Authority is hereby given to use City Commission Chambers on the three days, Please provide me with a
schedule as soon as possible,
Exhibitors and vendors who will need to put up tents must obtain tent pennits through our building
inspections office. Please have them contact Mrs. Donna Quinlan at 243-7203, as soon as possible, for
details on processing the penn it. Approval to place the tents on Old School Square property must be
obtained by Joe Gillie. You can also obtain banner pennission from Joe Gillie,
I would suggest that when you contact Waste Management for portable rental, you also ask them to donate
cardboard trash containers, You would have to purchase plastic liners for them.
If City crews provide trash pick-up service then we would have overtime costs. Other overtime costs might
be incurred with opening and closing City Hall on the weekend, any security you might need for the event,
and any involvement our street crews may have in putting up and taking down barricades, and street
sweeping and clean-up costs.
@ Printed on Recycled Paper THE EFFORT ALW!V'~ ·;"t....'-¡.:QS
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Ms. Sally Bailey
PBCLA BookFest Sales Committee Chair
Page 2
Please advise as to extent of these other needs you may have regarding City services as soon as possible.
If you have any questions, please call me at (407) 243-7011.
Sincerely,
0),L 4: '4
,'Yo ~.-t /9 {.~~ c..-<....-o
ROBERT A. BARCINSKI
Assistant City Manager
RAB:kwg
cc: Marjorie Ferrer
Joe Weldon
Major Lincoln
Richard Corwin
,
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER !1/i1
SUBJECT: AGENDA ITEM # qD - MEETING OF DECEMBER 13. 1994
REOUEST FOR CONTRIBUTION/BOOKFEST OF THE PALM BEACHES
DATE: DECEMBER 9, 1994
This is before the Commission to consider a request from the
Village of Palm Springs for a donation in the amount of $2,500 in
support of BookFest of the Palm Beaches. If the Commission wishes
to favorably consider this request, funding is available from
Other Grants and Aid (Account No. 001-6311-572-83.01) .
If the City charges BookFest for one-half of our overtime cost, we
will be contributing $1,500 toward the cost of this event.
Furthermore, it does not directly benefit the Delray Beach
library. Therefore, I do not recommend any additional cash
contribution.
.
<VillagE, of gJalm ¿þ'Ling~
226 CYPRESS LANE .. PALM SPRINGS, FLORIDA 33461 .. (407) 965-4010 .. FAX (407) 965-0899
November 23, 1994
The Honorable Thomas Lynch DEC ¿ 1994
Mayor, Delray Beach
100 N,W. First Ave. CiTY COMMISSiOr-,j
Delray Beach, FL 33444
Dear Mayor Lynch:
This is a friendly challenge to the Delray Beach City Council.
For four years, Palm Springs has taken the lead among local governments
in supporting BookFest of the Palm Beaches, and rightfully so, as our library
director Angelica Carpenter was BookFest's first executive director. Each year the
Village Council gave BookFest a cash donation. Though BookFest was held
outside our boundaries, at the South Florida Fairgrounds, we were proud to help
found and fund such an important regional event,
Other cities, including Delray Beach, and also Palm Beach County, have
provided BookFest with considerable and varied support, but, unfortunately, no
cash. Now that BookFest is moving to a new, and possibly, final home in Delray
Beach, we think it would be only fitting for Delray Beach to match Palm Springs'
contributions, BookFest is a nonprofit event, and all funds raised are used to
support the event.
Last year Palm Springs, population 10,000, donated $500 to BookFest, We
hope Delray Beach, population 50,000, will match our donation in proportion,
with a donation of $2,500, With Palm Springs and Delray Beach working as
partners, maybe we can recruit some additional donor governments, too!
Thank you for your consideration. I look fOlWard to hearing from you with
a favorable response.
Best wishes,
~J/I~
~~~ 'j,\~V
Richard H, Jette.
Mayor, Village of Palm Springs
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BookFest of the Þa1m Seaches
r>roject Descrlption
BookFest of the Palm Beaches Is an annual, three-day literary festival
offering 100 booths selling new. used. and rare books; talks by authors; and a
play by the Palm Beach Shakespeare Festival. Activities for chJIdren and families
include talks by authors and illustrators whose work 1s for cb1ldren and young
adults. puppet shows. plá.ys. storytellers. performances by musicians, costumed
storybook characters, wrtting cont~st.s for school ch1ldren, and. in 1994, a..
spectacular children's stage designed by S. Michael Ereshena. BookFest
emphasizes ~µltlcu1turalism. Its target audience 1s anyone. any age. tnterested
11.1 libraries. literacy, and literature. ObViously we hÇpé to attract non-readers.
too. by offering a community festival with a wide variety of activities.
From 1991-94 BookFe1St W3.$ held at the South Florida FairgrOWlds in
suburban West Palm Beach, Having outgrown the Fairgrounds, BookFest w1l1
move in 1995 to a new location, Old School Square in Delray Beach, and new
date: February 17-19. to coincide with the tourist season.
,
:BookFest was founded by the Palm Beach County Library Association in
response to a growing crisis: libraries in Palm Beach County are in sel10us
trouble, Despite a booming population, increasing drop-out rates among school
children. and alarming docum~ntat1on that Floridians need better reading skills,
library budgets have been slashed. Recently four Palm Beach County public and
two academic Ubrartts la,id off staff, experienced major cuts in their materials
budgets. and reduced hours open; and the public schools laid off library clerks
and then half the schooll1brarians.
.
More cuts are predicted. Libraries are too often tak~n for granted.
considered non-essentlalluxurtes when it comes to funding, In fact libraries and
an informed citizenry are the basis of our democracy, Librartes proVide
information access to all citiZens. Public librarles serve more residents than any
other governmental service. and they are used ~ in hard times. when funding
Is hardest to get.
~y showc8.$ing materials. programs, and services available in PalIn Beach
County libraries. BookFest ~mphaslzes to the commW1ity the value of libraries.
reading, and literacy. BookFest helps librarles and the people assodated with
them to gain respect and political clout through outreach to governments, the
School Board, local media, cultural organizations, and the bustness c onunun1 tv.
BookFest and Ubrårles enrich and strengthen families by offering a variety ~f
literary programs for ~ ages.
BookFest's Success Is evident: each year bIings an increase 111 attendance,
funding, sponsorships, volunteers, multicultural participation, and med1a
recognition. Attendance ha.s grown from 12,000 to 18.000. T1).e bùdget has
~,
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DEC-12I8-94 THU 1214:1218 PM
DEC-08-' 94 15: 15 ID:PBCL REF/ILL CENTRRL T¡::,l.",..N.Q:. 407..=584-8 1.36 1:*808 P03 -
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grown from $30,000 to a projected $84,144 for 1995. We received approximate1y
$40,000 In in-kind donations from sponsors in 1994.
The Palm Beach Post is BookFest's grand sponsor, ,and WPrV (NBC.
Channel 5), the Palm Beach coUnty School Distrlct. and the Palm Beach
Shakespeare Festival have been major sponsors since inception, along with many
local governments. Starting in 1992, grants from the Will1am Bingham
Foundation and the Community Foundation for Martin & Palm Beach Counties
helped us attract nationally~known children's and young adult authors. In 1993
we added Searcy, Denney, Scarola, Barnhart & Shipley as sponsors, and won a
national public relations award from the American Ubrary Association. In 1994
NatlonsBank. Tri-Rall, and Ackerley Communications joined as major sponsors.
and 1n 1995, the Jewish Arts Foundation ~ host a multicultural storytelling
event at BookFest. funded by them, ,
Volunteers surveyed BookFest 94 attendees: results are attached. More
than ha.lfwho responded read about BookFest in tbe paper, 80% came ready to
buy books, and 7COlf> plan to attend again next February. BookFest has increased
Ubrary use thro~ghout Palm Beach County. heightened political awareness about
Ubra.r1es. created more interlibrary cooperatlon. developed a sense of community
among library users, stimulated interest in Fnends of the Library groups. and
interested the bUs1ness conununity and local organizations in becoming active
participants. Authors·. groups ha.ve offered their services including assuming
responsibility for schedùl1ng stirnulatlng panel discussions,
Since BOOkFest began, library users and Friends have become möre vocal
advocates of libraries as Ubrary funding has continued to erode. The commuIÙty
outcry prevented two public libraries from being closed by their City Commissions
and supported the construction of two adjacent branch libraries when the County
Commission suggested eliminating one of them,
For a better understanding of BookFest, please see the enclosed 5-minute
video, which also includes BookFest promotional announcements by Tom Broka.w
and other NBC celebrities. BookFest has become an 1mportant annual cultural
event in South Florida. and we expect it to grow considerably in Delray Beach.
~
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER f;'{/(
SUBJECT: AGENDA ITEM # 9 E- - MEETING OF DECEMBER 13 , 1994
SPECIAL EVENT APPROVAL/DELRAY AFFAIR
DATE: DECEMBER 9, 1994
I believe Mr. Barcinski's conclusion that ".. .we would not be able
to sanction the Delray Affair as the only event allowed that
weekend" is not totally correct. Under our agreement with Palm
Acts, Inc., I believe the Commission retains total discretion on
whether or not to approve any particular date for an event.
Therefore, the Commission could determine it would not approve any
event promoted by Palm Acts, Inc. during the Delray Affair.
However, the City Attorney should advise on this point.
RECOMMENDATION
Deny the request for an advertising balloon. Refer the request
for use of the Tennis Stadium for a musical review to Palm Acts,
Inc. Approve the remainder of the request.
(Jp¡x~ ~ if!: ØjÓ
'.
.
.
[IT' DF DELIA' IEA[H
DELRAY BEACH
f LOR I D A
td.bII 100 NoW, 1st AVENUE· DELRAY BEACH, FLORIDA 33444·407/243-7000
AII·America City
, III I!
1993 MEMORANDUM
TO: ~ David T. Harden, City Manager . ')
FROM: IÌ.. Robert A. Barcinski. Assistant City Manager i kM.~
SUBJECT: AGENDA ITEM 41 CITY COMMISSION MEETING, 12/13/94
SPECIAL EVENT REQUEST / CHAMBER Of COMMERCE - DELRA Y
AffAIR
DATE: December 6, 1994
ACTION
City Commission is requested to endorse the Delray Affair scheduled for April 21,
22, and 23, 1995, endorsement to include the following:
· issue a temporary use permit per LOR, Section 2.4.6(H)3 for street closures,
tent use, and use of various City parking lots,
· provide staff support and permission to utilize the tennis stadium,
· allow all vendor permits to be assigned by the Chamber of Commerce,
except special event parking lot concessions,
· approval to split overtime costs 50/50, and
· grant a waiver of LOR, Section 4,6.7(J)(ii) to allow banners and event signs to
be put up more than one week prior to the event. Le., April 3, 1994, and to
waive LOR, Section 4.6.7(c)(5)(9) to allow one cold air advertising balloon
within the event area,
BACKGROUND
The request from the Chamber of Commerce is attached and is the same as it
has been in the past, except for the use of the Tennis Stadium, which is a new
request, Based on our contract with Palm Entertainment Corporation for use
and promotion of the Tennis Stadium, as well as our agreement with the County,
Ido not think we can grant exclusive use of the Stadium, Per Kathy's letter, the
Chamber would have to try to work something out with the promoter.
@ Printed on Recycled Paper THE EFFORT ALWAYS MATTERS
'.
·
DELRA Y AFFAIR
Page 2
In addition, because of the Tennis Stadium Agreement, we would not be able to
sanction the Delray Affair as the only event allowed that weekend. An option
would be to endorse this as the only event except for any program that may be
authorized at the Tennis Stadium. Overtime costs for the event are estimated to
be $18,000, City share is $9,000. Last year's total overtime cost was $16,806.46,
Overtime costs will be higher if a musical event is held in the Tennis Stadium and
sponsored by the Chamber of Commerce,
RECOMMENDATION
Approve Chamber request as amended above, regarding use of Tennis Stadium
and exclusivity of the event,
RAB:kwg
File:g:agenda
Doc,:Delry Aff .ok
'"~
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_.- )1vu, þv~1
~
The GREATER
DELRAY BEACH AS
Chamber of Commerce IiOV 2 8 Igq4
November 22, 1994
Mayor and City Commission
City of Delray Beach
100 NW 1st Avenue
Dekay Beach, FL 33444
Dear Mayor and Commissioners:
The Dekay Affair is scheduled for April 21, 22, 23, 1995 and we would like to request your
support once again,
Weare very proud of the excellent reputation the event has earned over the years and we
attribute a part of our success to the great relationship we have with the city, The event has a
significant economic impact of more than $20 million as measured in our 1994 Economic Impact
Study.* We also are thrilled to share the news of our latest award, "Top 109 Event in North
America" bestowed by The American Bus Association. It is our hope that this designation will
assist us in our effort to bring more tour groups to Delray Beach during the Affair.
Please consider approval of the following Delray Affair items:
1. Endorsement by the City Commission.
2, Use of parking facilities at Worthing Park, Veterans Park, the city lot behind
Hand's, the lot south of Sun Bank's parking adjacent to the railroad tracks, Cason
Cottage and NE 1st Street for entertainment and display and entertainment acts
parking.
~ Use of all area within \V orth,ing Park, V etera..'1' s Park and the exterior grounds of
J.
Old School Square.
4. Blocking off parking from Swinton Avenue to the Intracoastal Waterway and
closing Atlantic to traffic from Swinton to East 7th Avenue, Blocking access to
Atlantic from each side street in this area from alley to alley. Suspension of
parking time restrictions.
5. Provide city staff support with representation from Police, Fire, Streets,
Engineering, Fleet and Facility Maintenance, Community Improvement, Parks &
Recreation and City Managers Office for planning and operation services.
---continued---
DElRAY BEACH
f l 0 tt t D "
Greater Delray Beach Chamber of Commerce, Inc. ~...ð'Z~
64 S.E, Fifth Avenue, Delray Beach, Florida 33483 AJI-AmIrk:a CIty
407-278-0424 . Fax 407-278-0555 '111':
Chamber Accredited (11/ UJ/ited State:, C!zrwlba of CLlll1l1ll'IÙ'
,
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Delray Affair - page 2
'¥6. Allow this to be the only Commission approved event during the Delray Affair time
frame, Allow all vendor permits to be assigned by the Chamber of Commerce only
with the exception of the Special Event Parking Lot Concessions.
7. Permission to erect signs promoting the event from April 3rd-ApriI24. Permission
to use one cold air advenising balloon within the event area.
* 8. Use of the Delray Tennis Center for an evening activity which is tentatively planned
as a musical review on Friday, April 21. We anticipate needing center court all day
on Friday for set up and the entire facility from 5:00pm-ll:00pm. Please consider
that we would like to have the option to postpone our event from Friday to
Saturday in case of bad weather.
9. We request the city split the cost of staff overtime services 50/50 with the Chamber
of Commerce.
We have been advised that the City of Delray Beach Education Board will host their Education
Expo during the delray Affair weekend utilizing public facilities (Veteran's Park) and private
facilities (shops, hotel & galleries). Our committee will be pleased to èross promote the
Education Expo and Kathy Shabotynskyj will be the liaison serving each committee.
We have also had contact with Joe Weldon concerning the use of the Tennis Center and have
a meeting scheduled with the promoter that is negotiating a contract for that facility.
We sincerely appreciate all of the efforts of the city employees and look forward to a great
Delray Affair in 1995. We hope each of you will be a part of the festivities.
cc: Dave Harden
Bob Barcinski
Joe Weldon
*RegionaI Research Associated, 1994
,
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,:-;: ((
(A
[IT' DF DELIR' IER[H
DElRAY BEACH
f lOll I D "
tr.e.d 100 NW. 1 sl AVENUE· DELRAY BEACH, FLORIDA 33444 . 407/243-7000
All-America City
, III I! MEMORANDUM
1993
TO: David T, Harden, City Manager
FROM: ~obert A. Barcinski. Assistant City Manager (,0N~ )
SUBJECT: AGENDA ITEM # q¡: CITY COMMISSION MEETING, 12/13/94
SUPPORT FORMATION OF A SOUTH PALM BEACH COUNTY
SCHOOL BOARD ADVISORY BOARD
DATE: December 7, 1994
ACTION
City Commission is requested to support the recommendation of the Education
Board (11/7/94) that a School Board Advisory group be established consisting of
representatives from Boynton Beach, Delroy Beach, Boca Raton, and the
unincorporated areas west of these communities.
BACKGROUND
This recommendation was brought up for consideration by one of the members
of the Education Board and received unanimous support,
The Visions 2005 document identified a variety of education-related suggestions
to improve the quality of life now, and in the future. Several items suggested the
communities desire for more local control of our schools,
Blueprint 2000 suggests more community based control and involvement in local
schools,
RECOMMENDATION
Consider the formation of a South Palm Beach County School Board Advisory
Board,
RAB:kwg
File:g:agenda
Doc.:Sopbco,ed
@ Printed on Recycfed Paper THE EFFORT ALWAYS MATTERS
,.
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;1 County School Board Districts
Martin County
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Sroward County
an::: C;rc:e, West Palm Beacn, Fiorlda 33409 Tel. (407) 683-3301 (Graohlcs Oepal1menl)
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M E M 0 R A N DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER[!Jt" r
SUBJECT: AGENDA ITEM :It 9G - MEETING OF DECEMBER 13. 1994
CHANGE ORDER NO, 1/HARDRIVES OF DELRAY, INC.
DATE: DECEMBER 9, 1994
This is before the Commission to consider Change Order No. 1 to
the contract for Project 92-33 with Hardrives of Delray, Inc. The
additional work encompassed under the change order is the removal
of stabilized sod parking and replacement with paved parking along
the south side of the Tennis Center on Atlantic Avenue. A total
of 43 grassed spaces exists in this location.
There are two options available. The first is to remove and
replace the easternmost 23 of the 43 spaces at a unit price of
$435 each, including concrete curbs and stripping, for a total
cost of $12,391.00. The second alternative is to replace the
entire 43 space grassed area with paved parking at a unit price of
$315 each, or a total of $17,182.00. Funding is available from
Tennis Center - Permanent Parking (Account No.
334-4145-572-63.10).
Parks and Recreation and Environmental Services recommend paving
all 43 spaces to minimize maintenance. I recommend paving only 23
to keep as much green space as is reasonable.
Recommend approval of Change Order No. 1 with Hardrives of Delray,
Inc. , for permanent parking at the Tennis Center. The Commission
needs to decide whether to pave 23 spaces only, or all 43 spaces.
Ûppz&{Jd1 3 t? /
(Si77/'Ih cI/sstdrì(9)
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ref:agmemo9
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Agenda I tem No. 9. ç
AGENDA REQUEST
Date: December 8, 1994
Request to be placed on:
X Regular Agenda
Special Agenda
Workshop Agenda When: December 13, 1994
Description of item (who, what, where, how much): Staff request
City Commission approve Chanqe Order No. 1 to the contract with
Hardrives of Delray, Inc. for removal of 23 or 43 existing grassed
parkinq at the Tennis Center and replace with paved parkinq.
Should 23 spaces be awarded, the cost will be in the amount of
$12,391.00, and if all 43 spaces are replaced, the cost would be
$17,182.00. Fundinq for this work will be from Account No.
334-4145-572-63.10 (Tennis Center Permanent Parking).
ORDINANCE/RESOLUTION REQUIRED: Not Required
Recommendation: Staff recommends award of Chanqe Order No. 1 to
Hardrives of Delray, Inc. for 43 new paved parking spaces at the
Tennis Center site in the amount of $17,182.00.
Should be then the Chan e Order amount
should ~. U12
Department head signature:
Determination of Consistency with Comprehensive Plan:
Ci ty Attorney Review/Recommendation (if applicable) :
Budget Director Review (required on all items involving expenditure
of funds): ~
Funding available: ES NO
Funding alternativ (if applicable)
Account No. & Description 'ô34-4/'ZtS- 572... fR3-¡O "ŒNNIS ~ PERMAIJ£}JI
A~count Balancej1ZtXrECí f2.~<;ER.ve BAL-ANœ ?J0Œ:f) p-AQ~INq
City Manager Review: TQ~~F££ TO B£ &Mj)ŒTe])
~/NO tf7vÎ (,{POtJ APPROvAL OF A.MIOu..AJr.
Approved for agenda:
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
\esd\9471\agrqpave
'.
.
ENVIRONMENTAL SERVICES DEPARTMENT
MEMORANDUM
To: David T. Harden
City Manager ~
From: ~ William H. Greenwood ~'
Director of Environmental Services
Date: December 8, 1994
Subject: Aqenda Request
Change Order #1
Project No. 92-33
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Attached is an agenda request for Change Order No. 1 to the
contract with Hardrives of Delray, Inc. for removal of stabilized
sod parking areas and replacement with paved parking along the
south side of the Tennis Center parking area on Atlantic Avenue.
Hardrives of Delray, Inc. is the contractor expected to do the Site
Improvements to the City Attorney/North Tank Site Project.
Currently there are 43 spaces in stabilized sod which require
continual maintenance and sod replacement depending on public use
of the facility. This proposal provides for Hardrives of Delray,
Inc. to remove 23 of the sodded spaces (at a unit price of $435)
and replace with paved parking, including concrete curbs and
stripping. Their cost for this portion of the work is $12,391.00
(see exhibit "A"). Alternatively, if agreeable, the contractor
will replace all 43 spaces (at a unit price of $315) for a total
cost of $17,182.00 (see exhibit "B"), which will realize a better
unit price due to the increase in quantities. Should the Change
Order consist of only 23 spaces, there will remain 20 sodded spaces
at the west end of the parking area (see attached sketches). It is
staff recommendation that all 43 spaces be done at this time.
This work will be completed before the Delray Beach Winter
Championship Games beginning March 4, 1995.
Funding is available from Account No. 334-4145-572-63.10
(Tennis Center Permanent Parking).
cc: Memo to City Manager
Joe Weldon
José Aguila
File 92-33 (D)
\ESD\9471\addpaved
'.
·
CITY OF DELRAY BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
CHANGE ORDER NO.ONE ( 1 ) PROJECT NO. 92-33 DATE:December 13, 1994
PROJECT: North Tank Site/City Attorney Block Site Improvements
TO CONTRACTOR: Hardrives of Delray, Inc.
YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS
AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK
ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS.
JUSTIFICATION: Remove the 23 existinq eastern most qrassed parkinq
spaces at the Tennis Center site alonq Atlantic Ave., and replace
with paved spaces as per conditions of base contract listed above.
The work is to be constructed per unit prices of schedule "A"
attached.
SUMMARY OF CONTRACT AMOUNT -A tt "gl'
ORIGINAL CONTRACT AMOUNT 161,420.00
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED 0.00
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER 161,420.00
COST OF CONSTRUCTION CHANGES THIS ORDER 12,391. 00 /7¡/~;l.. __
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER 173,811.00 171, ""02.-
PER CENT INCREASE THIS CHANGE ORDER 7.67 % /o,6.tI~
TOTAL PER CENT INCREASE TO DATE 7.67 %
No extension of contract time is allowed by this Change Order. Work is to be
constructed concurrently with work at the City Attorney's office.
CERTIFIED STATEMENT: I hereby certify that the supporting cost data
included is, in my considered opinion, accurate;
that the prices quoted are fair and reasonable
and in proper ratio to the cost of the original
work contracted for under benefit competitive
bidding.
CONTRACTOR
(sign & seal)
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
Environmental Services
DEPARTMENT FUNDS BUDGETED CODE
DELRAY BEACH, FLORIDA
By its City Commission
RECOMMEND: By:
ESD DIRECTOR MAYOR
ATTEST:
APPROVED: By:
City Attorney City Clerk
\esd\9471\paveschA
,
·
EX,H/B/í II A IÍ
NORTH TANK SITE/CITY ATTORNEY BLOCK
SITE IMPROVEMENTS
Schedule A (Change Order #1)
To: Hardrives of De Ira\'. Ine.. 2350 S. Congress Avenue, DeIrav Beach. FI 33445
Scope: Furnish and deliver all materials and peñorm all work to provide Additional Parking at theTennis
Center in accordance \vith the schedule of prices listed below.
SCHEDULE OF PRICES
Item Estimated Unit
No. Description Unit Quantity Price Total
1 9' x 18' x 1 W' Asphalt
parking space including 8" EA 23 $435.00 $10,005.00
base & 12" subgrade
2 Striping & reinstallation of EA 23 18.00 414.00
wheel stops
3 Adjust manhole to grade EA 1 650.00 650.00
4 Adjust irrigation valve box! EA 2 100.00 200.00
meter box to grade
5 6" x 12" Type 'D' curb LF 170 6.60 1.122.00
Total Change Order #1
Items 1 through 5 (in numbers) $12,391.00
Total Evaluated Bid
Items 1 through 5 (in words) Twelve Thousand Three Hundred Nintv One
Dollars
No
Cents
"
iY/I¡tJ¡í 1/ /f
8
NORTH TANK SITE/CITY ATTORNEY BLOCK
SITE IMPROVEMENTS
Schedule A (Change Order #1)
To: Hardrives of Delrav. Inc.. 2350 S, Congress Avenue. Delrav Beach. Fl 33445
Scope: Furnish and deliver all materials and perfonn all work to provide Additional Parking at theTennis
Center in accordance with the schedule of prices listed below.
SCHEDULE OF PRICES
Item Estimated Unit
No. Description Unit Quantity Price Total
1 9' x 18' x 1 Y2" Asphalt
parking space including 8" EA 43 $315.00 $13,545.00
base & 12" subgrnde
2 Striping & reinstallation of EA 43 18.00 774.00
wheel stops
3 Adjust manhole to grade EA 1 650.00 650.00
4 Adjust irrigation valve box! EA 2 100.00 200.00
meter box to grade
5 6" x 12" Type 'D' curb LF 305 6.60 2.013.00
Total Change Order #1
Items 1 through 5 (in numbers) $17,182.00
Total Evaluated Bid
Items 1 through 5 (in words) Seventeen Thousand One Hundred Eighty Two
Dollars
No
Cents
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~1
SUBJECT: AGENDA ITEM # 9H - MEETING OF DECEMBER 13, 1994
CHANGE ORDER NO. 1/0' CONNOR AND TAYLOR, INC.
DATE: DECEMBER 9, 1994
This is before the Commission to consider Change Order No. 1 to
the contract with O'Connor and Taylor, Inc. for additional
pavement reconstruction work at the Golf Course Clubhouse site.
The contractor will remove an area approximately 420 feet by 20
feet that was damaged by the roots of Ficus trees. The work
consists of excavating the affected areas, removing the roots,
and providing a long term root control fabric prior to full
reconstruction.
Funding in the amount of $16,095.00 is available from Golf Course
Clubhouse - Buildings (Account No. 445-4763-572-62.10) , through
budget transfer from Contingency (Account No. 445-4763-572-
99.02) .
Recommend approval of Change Order No. 1 to the contract with
O'Connor and Taylor, Inc.
~ 0&/
(lJttM¡õì Yf¡/XdJ
~)
.
Agenda Item No.
AGENDA REQUEST
Date: December 7, 1994
Request to be placed on:
X Regular Agenda
-- -- Special Agenda
Workshop Agenda When: December 13, 1994
Description of item (who, what, where, how much): Staff request
City Commission approval of Chanqe Order #1 to the contract with
O'Connor & Taylor, Inc., the qeneral contractor for the Golf Course
Clubhouse project, for additional pavement replacement on the
project site. The total cost for this work will be $16,095.00.
The fundinq for this work will come from the Golf Course Fund,
Buildinqs Account #445-4763-572-62.10.
ORDINANCE/RESOLUTION REQUIRED: NOT REQUIRED
Recommendation: Staff recommends approval of Chanqe Order #1 to
the contract in the amount of
$16 095.00 for at the Golf Course
project site.
Department head signature:;
Determination of Consistency wi th Comprehensive Plan:
Ci ty Attorney Review/Recommendation (if applicable) :
Budget Director Review (required on all items involving expenditure
of funds): ~
Funding available: YE /NO
Funding alternative ~f apPlicable~
~~~~~~;~';.i:~;:7&~8ife~~~~/~ ~-ßL
City Manager Review: ~
Approved for agenda: E '/NO tJ?V1
Hold Until: ' .
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
\esd\9318\agrq1213
.
ENVIRONMENTAL SERVICES DEPARTMENT
MEMORANDUM
To: David T. Harden
City Manager
From: José AgUila~
Asst. Const ction Manager
Date: December 7, 1994
Subject: Aqenda Request
Delray Beach Golf Course Clubhouse
Project No. 93-18
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Staff request City Commission consider approval of Change Order No.
one ( 1 ) to the contract with O'Connor & Taylor, Inc. in the amount
of $16,095.00, (a 1. 02 % increase in contract amount), for
additional pavement reconstruction in lieu of overlay as required
in the contract documents.
Following award of the contract, and further review of the amount
of pavement damage, staff requested the general contractor provide
a cost to remove an area approximately 420 feet by 20 feet of
existing paved area damaged by the roots of the existing Ficus
trees, see attached exhibit "A" for typical damage conditions. The
current contract calls for this area to be only over laid with one
( 1 ) inch of new asphalt, however the reality is that, in time, the
roots will work themselves up to the surface and destroy the new
paved areas.
The additional work consists of excavation and removal of existing
paved areas along the full length of the North side of the existing
parking area, removing most of the roots and providing a long term
root control fabric prior to full reconstruction.
Attached is a sketch indicating the area to be reconstructed, a
copy of the root control fabric information and site photos
illustrating the damage.
Funding for this work will be from the Golf Course Fund, Buildings
Account No. 445-4763-572-62.10. There will be no change in
contract schedule time as a result of this work.
cc: William Greenwood
Brahm Dubin
File 93-18 (A)
\esd\9318\agmm1213
,
·
CITY OF DELRAY BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
CHANGE ORDER NO. One ( 1 ) PROJECT NO. 93-18 DATE: December 7, 1994
PROJECT TITLE: De1ray Beach Golf Course Clubhouse
TO CONTRACTOR: O'Connor and Taylor, Inc.
YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS
AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK
ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS.
JUSTIFICATION: Provide additional pavement replacement alonq North
side of Golf Course parkinq area. Approximately 420 feet in lenqth
by 20 feet in width. All conditions of base contract will be
applicable to this work.
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT 1,574,225.00
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED 0.00
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER 1,574,225.00
COST OF CONSTRUCTION CHANGES THIS ORDER 16,095.00
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER 1,590,320.00
PER CENT INCREASE THIS CHANGE ORDER 1.02 %
TOTAL PER CENT INCREASE TO DATE 1.02 %
EXTENSION OF CONTRACT TIME ALLOWED BY THIS CHANGE 0 CALENDAR DAYS TO 8/11/95
date
CERTIFIED STATEMENT: I hereby certify that the supporting cost
data included is, in my considered opinion,
accurate; that the prices quoted are fair
and reasonable and in proper ratio to the
cost of the original work contracted for
under benefit competitive bidding.
CONTRACTOR SIGNATURE (ARCHITECT)
(seal)
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
Environmental Services 445-4763-572-62.10
DEPARTMENT FUNDS BUDGETED CODE CERTIFIED BY
DELRAY BEACH, FLORIDA
By its City Commission
RECOMMEND: By:
ESD DIRECTOR MAYOR
ATTEST:
APPROVED: By:
City Attorney City Clerk
\esd\9318\co1
,
·
C:0 '.d ltllOl
O'CONNOR & TAYLOR, INC.
General Contracting · Construction Management
December 7. 1994
Mr. Jose Aguila
City of Delray Beach
434 South Linton Avenue
Delray Beach. Florida 33444
Re: Delray Beach Golf Course Clubhouse; Change Order No. 1
SCOPE OF WORK: Remove existin¡ pavement. shell rock. and excavate all required tree roots
along the entire Northern edge of the e~isting parking lot area. Pavinglrock and root removal will
extend from the North edge of the parking lot approximately 20 feet to the South and an area.
approximately equivalent to the first row of parking along the North side of the existing lot.
Compact subgrade; provide 6" of lime lock base and tack ready for pavement (pavement overlay
is included in base contract amount). InSlaU bio barrier root control system at Northern edge of
pavement. Bio barrier material to be 19.5" deep and to be installed approximately 2" below the
top elevation of the sod,
EXCLUSIQ~S: No additional fill is anticipated for this area. It is anticipated that the existing
rock will provide whatever fill is necessary in order to bring the elevation of this area to the
proper subgrade. Additional fill. if needed, will be approved via separate Change Orders,
Remove pavement, rock and roots from North parking strip. grade and rock and install bio
barrier along entire North edge of parking.
1. Strip Asphalt, Excavate and Material Disposal $ 2,850.00
2. Orade and Rock $ 6.966.00
3, Bio Bamer (19,S" deep)
Material $2.820
Eqpt Rental $ 400
Labor $ 960
Subtotal $4.180 $ 4.180.00
Subtotal $13,996,00
General Contractors Overhead 5% $ 700.00
General Contractors Profit 10 % $ 1.399,00
Total $ t 6.095.00
The bjo banier to be installed will be in accordance with the specification sheets presented at the
job progress meeting of December 6th. Please let me know if you need additional information.
Sincerely. .......
è0/è0'd Þ¿9££98 ¿0Þ ~Oì^~l ~ ~ONNOJ,O 6Þ:Þ't Þ66't-¿0-J3G
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SAMUEL~ CONSOL I 3ØS 771 4761 f". 1::;1:'::
Examples Of Biobanier Applications.
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CobbIca
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NOU-2:-1994 10:30 305 77: J751 97% ?82
. 3135 771 4761 P.ø3
SAMUEL CONSOLI
B I 0 B A R R I E R
The Technical Aspects
Biobarrier8 is along-term root to pass through to turfgrass and desirable Easy to install
control system Ihat consists of lime- plants. But, with Biobarrier, install it
released nodules of trifluralin herbicide once and tor at least 15 years you have
permanently bonded onto a penneable Biobanier saves you money solid protection for your landscape.
geotextile fabric. When strategically You can use Biobarrier in two . You're free to direct youraltention and
placed in the soil, it prevents costly root ways - as a preventive application as your budget to other aspects of your
encroachment for at le.ast 15 years you build, or as a part of a corrective landscape,
without hanning trees or nearby treatment program where problem roots And, Biobarrier is so easy 10
landscaping, are present. Pn:vention is the preferred install. unlike cumbersome concrete
Why Biobarrler works method because it helps to keep rOOlS baniers or other clumsy old-style
from becoming a problem. A preveD- barriers. Biobarrier is a fle¡¡;ible fabric
Tree roots grow laterally in the tive application ofBiobarrier can be done that you can custom-contour around
soil as mey search. for nutrieots and during construction or anytime before your landscape.
watt':1'. As tree roo[S grow in length and damage occurs, With careful planning, To install Biobarrier, call your
diameter, they steal valuable nutrients you can help prevent costly sidewalk or utility company to dctennine the
and water from cart path location of any undel'ground lines.
turfgrass and can replacement. With ditch/trench-digging equipment.
damage adjacent reduce liability 1 cut a vertical trench between the tree
stQ¿CturtS, and save labor and the surface area, cuning rools if
1ileraUy uproot- time and COslS, necessary. You may want to consult
iog greens. cart Asa a professional arborist ¡fyou have
paths, sidewalks, corrective questions about rool pruning. Wearing
streets and measure, nonabsorptive gloves to prevent staining.
foundations. B ioba.mer can roll out your Biobarrier and use a knife
B iobarrier cut mainte- to trim it to fit your installation. Overlap
uses a remark- nance costs Biobarrier enough to create a continuous
able geottxtile by more than sheet, then drive spikes. large nails or
thaI allows air 60 percent, sod staples to hold th.e fabric in place.
and water to pass controlling Backfill and tamp the soil gently,
through. which helps maintain soil roots for a minimum of 15 years. In making sure the Biobarrier is held in
equilibrium and hydrology. Permanently contrast, controlling roots by root place. Finally. seed over and your
a.ttached nodules of polyethylene deliver pruning alone means that you must prune installation is complete.
a continuous amount of triOuralin roots every one [0 five years - depending
herbicide to the soil for many years, on the vigor of your trees. That's
Unlike other barriers, Biobanier won't expensive, labor-inlensive work. ¡'-or Mon; Informatlou
be forced above gt'ade level by root Add. the cost ofr~pairing rool· Contal"
swell, and neilher will it crack or shift damaged sidewalks or cart paths, and Samuel ConsoU
during freeze/thaw cycles. you're looking at a very expensive repair (305) 771-4761
Biobarriercontrols roots by project that never seems 10 end.
establishing an in-soU vapor zone of
trifluralin, which inhibits root growth by
stopping cell division of the root tips,
Trifluralin is not systemic, meaning that Bio)barrier"
it wiJI not translocate into the plant or
hann nearby plants or landscaping, In
addition. tritluralin does not leach and
is biodegradable. The porous fabric of Roof Control System
Biobarrier allows air. warer and nutrients
---.
NOV-2:-1994 10:31 305 771 4751 97% P.03
· ,
City of Delray Beach
Departmental Budget Transfer
9-Dec-94
(1) Departmental Une Transfer (2) Date
(3) Interfundllnterdepartmental Transfer (4) Batch Number
Linda Turnage, Budget Administrator
(5) Requested By:
(6) ACCOUNT NUMBER (7) DESCRIPTION (8) TRANSFER OUT (9) TRANSFER IN
445-4763-572,99-02 Contingency 11,618
445-4763-572,62-10 Golf Course Clubhouse-Buíldin~ s 11,618
-
11.618 11,618
(10) TOTAL
JUSTIFICATION: Increase Building Construction budget for change order #1 to fund the
, , reolacement on the project site,
f\.ln Q':\_1R
Department Head Asst City Manager
Budget Officer City Manager
(11) Budget Revision Date (12) Control Number
(13) Period (14) Count
--.-...... -..--- - ......-... --.- -....... --_._-.~-_.-
,
·
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER [//<-- '1
SUBJECT: AGENDA ITEM # C¡,;;- - MEETING OF DECEMBER 13. 1994
CONTRACT ADDITION/INTERCOUNTY ENGINEERING. INC.
DATE: DECEMBER 9, 1994
This is before the Commission to consider a contract addition
(Change Order No. 1) to Intercounty Engineering, Inc. The
addition is for water main and fire hydrant installation at three
locations:
Approximately 110 linear feet of six inch water main and fire
hydrant on N.E. 5th Street to facilitate road closure by Community
Development, approximately 350 linear feet of twelve inch
watermain and two fire hydrants on N.E. 3rd Street to facilitate
road closure and upgrade system capacity as outlined in the water
distribution master plan, and approximately 135 linear feet of
eight inch water main and fire hydrant to provide water service
and fire protection to the Community Redevelopment Agency complex.
As is explained in the attached memo from the Community
Improvement Director, the proposed road closures were recommended
by the Neighborhood Task Team in their report accepted by the City
Commission in 1991. The Palm Trail Homeowners' Association
requested the closures in November of 1993, and they were approved
by the Planning and Zoning Board on June 20 of this year.
Funding in the amount of $9,450 is available from Capital Outlay -
Water Mains (Account No. 441-5161-536-63.50) ; in the amount of
$47,250 from Connection Fees - Other Improvements (Account No.
441-5181-536-63.90) ; in the amount of $14,200 from Renewal and
Replacement - Water Distribution (Account No. 442-5178-536-
61.78).
~eru-tdZ Jf-o
,
Agenda Item No.: c¡:¡:
AGENDA REOUEST
Date: December 8, 1994
Request to be placed on:
~ Regular Agenda
_____ Special Agenda
_____ Workshop Agenda When: December 13, 1994
Description of item (who, what, where, how much):
Staff reauests City Commission to approve Contract Addition (C.O.> #, to Intercounty Engineering.
Inc. for Project No. 93-18. Contract Addition consists of 3 items:
1. Install approximately 110 LF of 6" water main and fire hyrant on N.E. 5th Street to facilitate
road closure by Community Development. Funding source: Capital Outlay. Water Mains. Acct. No.
441-5161-536-63.50 for $9.450.00
2. Install approximately 350 LF of 12" Watermain & 2 fire hydrants on N.E. 3rd Street to
facilitate road closure by Community Development and upgrade system capacity as outlined in the
Water Distribution Master Plan.. Funding source: Connection Fees, Other Improvements. Acct.
No. 441-5181-536-63.90 for $47.250.00
3. Install approximately 135 LF of 8" water main and fire hYdrant to provide water service and
fire protection to CRA Complex on block 60. Funding source: R & R. Water Distribution
Improvements. Acct. No. 442-5178-536-61.78 for $14.200.00
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends approval Addition (C.O. \ #1 for the
total cost of 70 900.00 to Intercount Inc. for the installation
of the above three items.
Department Head Signature:
Determination of consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable)
Budget Director Review (~red on all items involving expenditure of funds):
Funding available: YES NO
Funding alternatives (Æf applicable)
Account No. & D:fZ};PtionHlR-SI bI--s~.&3- Ç() :; AI EWe;¡p/J1\L - wTR Hit-I "';;
Account Balance 7JtJ1 .
44-1- ':51 ~ I-S~. ~3-~ ¡r; TkANM is<,; IDN 8- .$Tl1?Me- wre MAItJ;
City Manager Review: ~ 134-1 Kt¡.D
§),.4~.:2...-6Iìf?-S~. (P{-7ß W(£ ~R WATER þlSíl2lSUTlON
Approved for agenda: ES ~ 'q 0 I H P/2) /'\I"ß
Hold Until: I 1lìO tf7u1 van£.
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
AG318D08.MRM
I
·
MEMORANDUM
TO: DAVID HARDEN, CITY MANAGER
COMMUNITY IMPROVEMENT~
FROM: LULA BUTLER, DIRECTOR,
RE: PALM TRAIL NEIGHBORHOOD ASSOCIATION STREET CLOSURES
DATE: DECEMBER 9, 1994
STATUS OF PROJECT:
A request for closure of NE 3rd and 5th Streets (east of
alleyway) was made by the Palm Trail Homeowner's Association In
November 1993. The problems reported by the Association were
centered around the following:
Vehicles using 3rd and 5th Streets as an eastern access over
to 8th Avenue and Palm Trail In order to avoid traffic
lights and get to 8th Street and the beach area;
Vehicles of individuals that use the commercial
establishments along NE 6th Avenue making use of the
residential streets within the Palm Trail areas as "through
streets";
Customers of the area's car dealerships use the residential
streets to test drive their vehicles.
The request for closure was considered and approved by the
Planning & Zoning Board at the regular meeting of June 20, 1994.
The Board determined that the impact of the closure will be that
of emergency access. In order to maintain fire protection for
the residential properties east of the closures, two (2 ) new fire
hydrants would need to be installed. One at the corner of NE 3rd
Street and 7th Avenue, the second at the corner of NE 5th Street
and 6th Avenue. The City Engineer also noted that there
currently exists a 2 " water maln within the NE 3rd Street
right-of-way that lS scheduled under the master plan to be
upgraded to an/ ,.." inch main. These improvements will be moved up
on the schedule for coordination with the proposed closures.
Since then, the Environmental Services Department analysis of the
sewer system is that it is in very poor condition and thus should
be replaced at the same time of the water main improvement.
"
Page 2
David Harden
The homeowner's association has appointed a committee to meet
with the Horticulturist and myself to work on what the permanent
closure will look like. We are working towards completing this
task by mid January, 1995. Engineering has stated that the
installation of the fire hydrants can be done prior to the water
and sewer upgrades, to facilitate the closures early on. Palm
Trail Homeowner's Association members would like to have the
closures done by the end of February, 1995.
The request from the Palm Trail Homeowner's Association is
consistent with policies under the Comprehensive plan directed at
enhancing the stability of residential neighborhoods. These
closures were also recommended by the Neighborhood Task Team
under their assessment of all residential areas. The same lS a
part of their final report reviewed and accepted by the City
Commission in 1991.
PTRAIL.LB
"
DEPARTMENT OF ENVIRONMENTAL SERVICES
M E M 0 RAN DUM
TO: David T. Harden
city Manager
FROM: r William H. Greenwood ~
1(. Director of Environmental Services J19j9f
DATE: December 8, 1994
SUBJECT: CONTRACT ADDITION (C.O. ) #1
PROJECT NO. 93-18
Attached is an Agenda Request for Contract Addition (C.O. )
#1 to the above referenced project with Intercounty
Engineering, Inc. The scope of the work is:
1. Install approximately 110 LF of 6" water main and fire
hyrant on N.E. 5th Street to facilitate road closure by
community Development.
Funding source: Capital Outlay, Water Mains
Acct. No. 441-5161-536-63.50 for $9,450.00
2. Install approximately 350 LF of 12" Watermain & 2 fire
hydrants on N.E. 3rd Street to facilitate road closure
by Community Development and upgrade system capacity as
outlined in the Water Distribution Master Plan.
Funding source: Connection Fees, Other Improvements
Acct. No. 441-5181-536-63.90 for $47,250.00
3. Install approximately 135 LF of 8" water main and fire
hydrant to provide water service and fire protection to
CRA Complex on block 60.
Funding source: R & R, Water Distribution Improvements
Acct. No. 442-5178-536-61.78 for $14,200.00
The amount of Contract Addition (C.O. ) #1 is $70,900.00 with
a 45 day extension to the contract time.
WG:RU:mm
File: Project No. 93-18
Agenda File
WG318D08.MRM
I
CITY OF DELRAY BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
CHANGE NO. 1 PROJECT NO. 93-18 DATE: 12/8/94
PROJECT TITLE: Golf Course Clubhouse On-Site Utilities
TO CONTRACTOR: Intercountv Enqineerinq. Inc.
YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR
THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND
COVENANTS.
JUSTIFICATION:
1. N.E. 5th Street - In order for Community Development to close this street, east of
Federal Highway, fire protection must be provided at north bound Federal Highway and
N.E. 5th Street.
2. N.E. 3rd Street - In order for Community Development to close this street east of
Federal Highway, fire protection must be provided at north bound Federal Highway and
N.E. 3rd Street.
Concurrently, the existing 2" will be upgraded to 12" as per the Water Distribution
Master Plan.
3. Alley of Block 60 - Provide fire protection and water service to CRA Complex.
Work to be constructed per unit prices of Schedule "A" attached.
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT $110,510.00
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ .00
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $110,510.00
COST OF CONSTRUCTION CHANGES THIS ORDER $ 70,900.00
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $181,410.00
PER CENT INCREASE THIS CHANGE ORDER 64.2%
TOTAL PER CENT INCREASE TO DATE 64.2%
EXTENSION OF CONTRACT TIME ALLOWED BY THIS CHANGE 45 CALENDAR DAYS TO March 2. 1995
CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my
considered opinion, accurate; that the prices quoted are fair and
reasonable and in proper ratio to the cost of the original work
contracted for under benefit competitive bidding.
CONTRACTOR SIGNATURE (ARCHITECT/ENGINEER)
(seal)
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
DEPARTMENT FUNDS BUDGETED CODE CERTIFIED BY
DELRAY BEACH, FLORIDA by its City Commission
RECOMMEND: By:
ENGINEER/DIRECTOR MAYOR
ATTEST:
APPROVED: By:
City Attorney City Clerk
FiLe: C0318D08.MRM
,
.
.
121 Ef8/1 994 11: 49 305-974-0042 PAGE 02
"A.. II
EX. \-\. \ ß II
1 ÐlGINEl!RING, INC.
UTILITY ~:~ .
TELEPHONE: (305)912-9800 P.O. liD( 50653
FAX: (305)974-0042 LI<Ill1DlSE POINT, F'L 33074
DATE: 12-08-94 PAGE ONE
CITY OF DELRAY BEACH
DEPARTrlENT OF ENVIRONMENTAL SERVICES
434 S. SWINTON
DELRAY BEACH, FL. 33444
REF: CHANGE ORDER ONE
AS PER YOUR REQUEST PLEASE EXCEPT THE FOLLOWING SCHEDULE O~ VALUES.
N.E. 3rd STREET
1211 DIP 340 1. F. $35.00 PER L.F. $11,900.00
8" DIP 100 L.F. $30.00 PER L.F. $3,000.00
611 GATE VALVE 4 EA. $500.00 EA. $2,000.00
8" GATE VALVE 2 EA. $750.00 EA. $1,500.00
12" GATE VALVE 5 EA. $l,050.00 EA. $5,250.00
FILL & FLUSH ASSY. $500.00 EA. $500.00
111 WATER SERVICE 2 EA. $500.00 EA. $1,000.00
CONN. TO EXIST. 2" WATER MAIN 3 EA. $500.00 EA. $1,500.00
CONN. TO EXIST. 6" WAIER MAIN 2 EA. $4,500.00 EA. $9,000.00
ABANDON EXIST. HYD. 1 EA. $500.00 EA. $500.00
ADJUST MANHOLE COVER 1 EA. $100.00 EA. $100.00
ASPHALT REPAIR 350 L.F. $20.00 L.F. $7,000.00
TRAFFIC CONTROL LUMP SUM $1000.00 $1,000.00
TOTAL --------- $47.250.00
N.E. 5th STR.EET
6" DIP 110 L.F. $30.00 L.F. $3,300.00
6" GATE VALVE 1 EA. $500.00 EA. $500.00
6"X61t T.S. & VALVE 1 EA. $1,200.00 EA. $1. 200. 00
FIRE HYDRANT 1 EA. $1,500.00 EA. $1,500. 00
FILL & FLUSH ASSY. 1 EA. $500.00 EA. $500.00
ASPHALT REPAIR, 110 L.F. $20.00 L.F. $2,200.00
TRAFFIC CONTROL LUMP SUM $250.00 $250.00
TOTAL ----------- $9,450.00
BLOCK 60 WM
8" DIP 155 L.F. $30.00 L. F. $4,650.00
8" GATE VALVE 1 EA. $750.00 ea. $750.00
6" GATE VALVE 1 EA. $500.00 EA. $500.00
4" GATE VALVE 1 EA. $400.00 EA. $400.00
3" GATE VALVE 1 EA. $200.00 EA. $200.00
4" DIP 40 L.F. $20.00 L.F. $800.00
8"X8" T.S.& VALVE 1 EA. $1,250.00 EA. $1,250.00
FIRE HYDRANT lEA. $1,500.00 EA $1,500.00
FlLL & FLUSH ASSY. 1 EA. $500.00 EA. $500.00
ASPHALT REPAIR 135 1...F. $20.00 L.F. $2,700.00
TRA FF'T C CD1I1T1WL t. tn1'P S'UM ! 250 00 ; '2.5.0 00
-.
.
. '12/0'8/1994 305-974-0042 PAGE 03
11: 49
ÐIG~ING. INC.
Ul'ILJ"I"Y lYWIW~.
'I'DdiHDŒ: (305 )912-9800 P.O. BOX 50553
FAX: (305)974-004% Uœ11DJSE POINT, 11.. 3301.
Dated: 12-08-94 Page Two
BLOCK 60 WM
2" Poly tube 70 L.F. $10.00 L.F. $ 700.00
Total.........$14,200.00
Net Total Change Order One........ $70,900.00
If you need more informa~ion. please ~all.
Sincerely.
1J}ð.ffi- r. ~
Walter E. Me.sser
President
.
.
.
I
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER 01
SUBJECT: AGENDA ITEM i CJ - MEETING OF DECEMBER 13. 1994
APPOINTMENT TO THE DEL RAY BEACH HOUSING AUTHORITY
DATE: DECEMBER 8, 1994
The term of Gail Dillard, the resident member on the Delray Beach
Housing Authority, expired on July 14, 1994. Ms. Dillard was
appointed in March, 1993, to fill an unexpired term. She is
eligible and would like to be considered for reappointment. The
attendance record is attached.
Per statute, no commissioner of an authority may be an officer or
employee of the city for which the authority is created. Each
housing authority shall have at least one commissioner who shall be
a resident who is current in rent in a housing project or a person
of low or very low income who resides within the housing
authority's jurisdiction and is receiving rent subsidy through a
program administered by the authority or public housing agency that
has jurisdiction for the locality served by the housing authority.
The term is for four (4 ) years, ending July 14, 1998.
In addition to regular advertising procedures, notices were posted
at Carver Estates as well as with the Department of Community
Improvement. To-date, applications for the resident member
position have been received from the following:
Gail Dillard
Robin Preston
In accordance with Florida Statutes, members are appointed by the
Mayor and ratified by the Commission. By prior consensus of the
Commission, however, each member makes a recommendation to the
Mayor as to Housing Authority appointees based upon the rotation
schedule. At the November 15th Commission meeting, Mr. Randolph
passed his recommendation to the next member in the rotation. For
this appointment, therefore, the appointment will be made by Mayor
Lynch (Seat #5).
Recommend appointment of a resident member to the Delray Beach
Housing Authority, to a four-year term ending July 14, 1998.
ref:agmem01 {ìlw¡67 ~ ~,¡J~
.
.
~
-
Ex · EKused
P · Present 1994
A · Absent DELRAY BEACH HOUSING AUTHORITY
Jan Feb Mar Apr May Jun Jul AUI Sep Oct Nov Dec
,
Eugene Strews p p p P Not eapp+1nted I .
Rev. L.C. Johnson A /4., P I
Ex P I
I
Kevin McCarty A P P P P I ¡
j I
I
Charles Broadnax P P : ? I , I
P P I I
,
,
Lawrence A. Hunt P A A P Not eappl 1nte~ I
,
CIG ~ CIG ; ,
Gail Dillard A A A = .... Ex = I i
.... ....
~ I
~ :i . I
Judith Colvard P p P ~ p I p !
W. Howard (J :i p
7- :i
Ell1Dlsworth A )DDt 194
Kyle Kuberski A pDt 194 P
.
I
!
i
I
) i
I I
I I
I :
I J
atten.doc
,
I
ill
'.
.
I
i 113
DELRAY BEACH HOUSING AUTHORITY
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
Eugene Strews j P P P A piP
Rev. L.C. Johnson '(appr t 6/ 3) P P P PIP
Kevin McCarty (ap Dnt 9 93) P AlP
t~
Charles Broadnax P P P ~ P ~ AlP
t
Lawrence A. Hunt P P P t; A ~ AlA
¡&
.&. 0
Gail Dillard A P A i A z PIP
Judith Colvard P P P P PIP
Rosetta Rolle P Not reap ointl d
Randee Golder P P Resi ned
~
....
=
~
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at ten. doc
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,
.
SENT 8Y: D~ lr-a':j Hou~ ¡n9 Ç¡uth. ØS-26-94 Ø9: S":'QM -'<0"'- ...0'" 2";¡::--,,;¡ ::1:-
CITY or D!LIAY BEACH
øOAlD MlMBU APP1.ICATIOlC
NAHI If ¡-Ä' ~
f.I~fs 6W ?~ ¥ ~Æ
HOM! !D IISS SerllC, CiCy, Zip Coda) LEGAL RESID CI)
PlIICIPAt aUSINt1S ADDIESS (St~aat, City, Zip Coda)
BOllI PI01II éì 79., ~ 9 f' ¡;( BUSIDSS PlOD I~ 7 r; ., cßci ~ 9
Olf WAr BOAJDS W YOU IJtIUSTED IlC snVING ß,,/?')A'2~ pS
LIST ALL CITY BOAlDS ON WHICH YOU AU CUIII1m.Y SDVIlCG 01. HAV! PUVIOUSLY
SIIVED ('1.... include dac..)
IDUCATlOUL QUAL~~; ;£~~
......
LIST An 1l!LAnD PI.ORSSIOlW. CnnrlCATIOR8 ARD LICDIIS WIIIClt YOU BOLl)
GIVI youa 'DIOT, 01. lIOn IICDT DœLO'lD, AID POSITIOlf /l¿;,¿/;,; ~/h
---t>¡Qp7t:, &,., t77f4~
~:u~_r~~ r~CII QUALm YOU :0 SIan 011 mIS .
_ _ ~ ~ if" ~/ ¿J, ~~:1:/
PLUSI A'rrACII A .l.lD WUMI.
.
t DlDt CDtln 1:1IA.'r ALL TII UOVI STA-tDlllTI All t'IITI, AID t Mall AID
tnmDSUIID 'fU.T Aft IlISI'UfDluu; or MATll.1AL 'ACTS COftAIIID IB m. Al'fLICA-
tIO. HAt CAUSE rotnlTOU tJIOI xt PAaT 01 AI! AnODl'DCDt I .t UClIn.
'.
~ ~- Hfr tPrJ 9r
SIGII~ DA.
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I
'.
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER rJi'~
SUBJECT: - MEETING OF DECEMBER 13. 1994
AGENDA ITEM i q
APPOINTMENT TO THE DOWNTOWN DEVELOPMENT AUTHORITY
DATE: DECEMBER 8, 1994
Polly Noe has resigned from the Downtown Development Authority,
creating a vacancy to fill an unexpired term ending July 1, 1995.
To qualify for appointment, a prospective member must reside in or
have his principal place of business in the City, and must not be
serving as a City officer or employee. In addition, at least three
of the DDA members must be owners of realty within the downtown
area, a lessee thereof required by the lease to pay taxes thereon,
or a director, officer or managing agent of an owner or lessee so
required to pay taxes. Ms. Bright, Mr. Listick and Ms. Wenzel, all
current members, own both a business and real estate in the
downtown area, thus satisfying this requirement.
The following individuals have submitted applications for
consideration:
David I. Cohen (has applied for any board)
Marguerite Eaton (co-owner of business and manager)
Bruce N, Gimmy (business owner/lessee in DDA area)
Rebecca Jennings
Harriet Lerman
Daniel O'Neil
Barry Rubin (currently serving on General Employees
Retirement Committee)
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 Ellingsworth (Seat #3).
Recommend appointment of a member to the Downtown Development
Authority to fill an unexpired term ending July 1, 1995.
f7 (;¡ , ÇJw~ ~Jz&
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; ,1 ~ f'L-/;'-- CITY OF DELRAY BEACH
~J ~,'
BOARD MEMBER APPLICATION
,
33 if Y3
(Street, City, Zip Code) G~ RESIDEN ).
, £ ' J4ifcuLh c ~, tJjj'l '7 3 3~~3
<;j
PRINCIPAL BUSINESS ADDRESS (Street, City, Zip Code) ¿A 7b -1-9 ~/
HOME PHONE 1'7 d. - 3 c::¿ 1 ç- BUSINESS PHONE
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING n (J 74-
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates)
I 7
~.fßL
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD
..- ð t UJ /LJ2- Y ~~~
DESCRIBE EXPERIENCES,
BOARD T I
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PLEASE ATTACH A BRIEF RE
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA-
TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE.
LJ~~jU - ~ / ~~/rf-
DATE
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4/90
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[IT' DF DELIA' BEA[H
CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444
FACSIMILE 407/278-4755 Writer's Direct Line
DELRAY BEACH (407) 243-7091
f lOR I D A
........ MEMORANDUM
AII·America City
" III!DATE: December 9, 1994
1993 TO: city Commission
I
FROM: Susan A. Ruby, City Attorney
SUBJECT: Elaine White vs. the City of Delray Beach
The purpose of this memorandum is to recommend settlement in
the above-mentioned case. Plaintiff sued the City alleging the
City failed to promote her in violation of Title VII of the
Civil Rights Act.
The City and Plaintiff attended court ordered mediation on
Thursday, December 8, 1994. As a result of the mediation and
further settlement discussions, Plaintiff's original demand of
$49,500 has been reduced to $17,950, which in a large part
encompasses attorney's fees and costs.
It is our office's opinion that the City acted properly in this
case, however, in order to avoid the uncertainties of trial and
litigation expenses which could exceed $90,000.00, if an
adverse verdict was rendered by the jury, our office recommends
settlement of this case.
This settlement is contingent upon the receipt of a settlement
stipulation acceptable to the City Attorney's Office which by
its terms is clear that the City admits no liability and the
only purpose of settlement is to avoid the uncertainty of
litigation and litigation costs.
By copy of this memorandum to David Harden, City Manager, our
requests this settlement be placed on the December 13,
u r agenda. Please call if you have any questions.
cc: David Harden, City Manager
Chief Richard Overman, Delray Beach Police Department
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[ITY DF DELIA' BEA[H ~" ~$
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CITY ATTORNEY'S OFFICE 300 W A 'fLA.."ITIC A VENUE' DELRA Y BEACH, FLORIDA 33444
TELEPHONE 407/243·7823' FACSIMILE 407/243·7816
POLICE LEGAL ADVISOR
MBMORARDUM
TO: David Harden, City Manager
FROM: Eric D. Hightower, Police Legal Advisor
DATE: December 7, 1994
, .
SUBJECT: Alarm Ordinance Revisions
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Enclosed for your review are three (3 ) variations of the original
ordinance. They are as follows:
1- An ordinance with no registration fee;
2. An ordinance with a reduced fee of $10.00;
3. An ordinance that requires people to register after the
first false alarm. The fee is left at $25.00.
The changes made in the ordinance are in Sections 112.20 (A) and
112.21(A) .
Also in each ordinance we have added the changes requested of Del-
Air. They can be found in Sections 122.20(F) and 112.21 (A) .
If you feel further changes are needed, please contact me at your
earliest convience so the changes can be made by December 9, 1994.
EDH: lbg Eff{
c: Susan Ruby, City Attorney
Lula Butler, Director of Community Improvement
Allison MacGregor, City Clerk
Mike Cato, Division Chief
Tina Lunsford, System Manager
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{110 fiE.)
ORDINANCE NO. 91-94
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE
XI, "BUSINESS REGULATIONS", OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, BY REPEALING CHAPTER 112, It ALARM
SYSTEMS", IN ITS ENTIRETY, AND ENACTING A NEW
CHAPTER Il2; "ALARM SYSTEMS", TO PROVIDE FOR
THE REGULATION OF ALARM SYSTEMS WITHIN THE
CITY OF DELRAY BEACH; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach, Florida,
finds that a high incidence of false alarms and/or malfunctions causes a significant misuse
of the manpower and resources of the Police and Fire Departments by causing the
dispatch of units to the scene of a false alarm or alarm malfunction, thereby rendering units
out of service and unavailable to respond to legitimate emergency situations; and
WHEREAS, the City Commission finds that the continued high incidence
of false alarms and/or malfunctions are a threat to the health, safety and welfare of the
citizens of the City ofDelray Beach; and
WHEREAS, reasonable regulation of all alarm systems and their users
should result in a significant decrease in false alarms with a resultant savings in public
resources; and
WHEREAS, the City Commission finds that the revision of current
procedures and fees for multiþle false alarms and malfunctions would serve the public
health, safety and welfare,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Title XI, "Business Regulations", Chapter 112, "Alarm
Systems", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby
repealed in its entirety, and a new Chapter 112, "Alarm Systems", is hereby enacted to
read as follows:
CHAPTER 112: ALARM SYSTEMS
GENERAL PROVISIONS
Section 112.01 SHORT TITLE.
This chapter shall be known and cited as the" Alarm Systems Ordinance."
'.
Section 112.02 PURPOSE.
This chapter is enacted to provide minimum standards and regulations
applicable to alarm systems, and alarm users, Both society in general and public safety in
particular will be aided by providing a useful and usable system of private security or fire
response which properly balances quick response by the Police and Fire Departments with
minimization of public resources spent on alarms which are false or otherwise not the
intended function of such syst~s.
Section 112.03 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless
the context clearly indicates or requires a different meaning:
"ALARM". The sound or signal of an alarm system.
"ALARM MALFUNCI'ION". The activation of any alarm which results
in the response of the Police Department or, the Fire Department, caused by mechanical
failure, malfunction, improper installation or lack of proper maintenance or any other
response for which Police or Fire Department personnel are unable to gain access to the
premises for any reason, or are unable to determine the apparent cause of the alarm
activation.
"ALARM REGISTRATION". A registration issued by the City
Manager or his designee allowing the operation of an alarm system within the City of
Delray Beach and signifying compliance of the alarm system with the provisions of this
chapter.
"ALARM SYSTEM". Any mechanical, electrical or radio- controlled
device which is designed for the detection of smoke, fire, unauthorized entry or other
activity requiring urgent attention, and which when activated emits a sound or transmits a
signal or message beyond the premises to alert others of an emergency situation,
"ALARM TECHNICIAN". Any person who inspects, installs, repairs or
performs maintenance on alarm systems and is licensed by the State of Florida or works
under a State licensed alarm contractor.
"ALARM USER". Any individual, partnership, corporation or other
entity in control of any building. structure, facility or premises, or portion thereof, where
an alarm system is located and maintained.
"AUTOMATIC TELEPHONE DIALING DEVICE OR DIGITAL
ALARM COMMUNICATOR". An alarm system which automatically transmits a
recorded message or coded signal over regular telephone lines by direct connection or
otherwise, indicating the existence of the emergency situation that the alarm system is
designed to detect.
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"ENFORCEMENT OFFICIAL". As to security/burglar alarm systems,
the Chief of Police or his designated representative; as to fire alarm systems, the Fire Chief
or his designated representative,
"FALSE ALARM". An alarm for which a governmental agency has
made an inspection of the premises within a reasonable time after the activation of an
alarm and finds no apparent reason for the alarm except a possible alarm malfunction, or
an activation falsely indicating. that an emergency exists. An alarm is not considered a
false alarm if the alarm is activated by unusually violent conditions of nature or due to
malicious causes beyond the control of the alarm user.
"REGISTRATION PERIOD". On an annual basis, the period from
October 1st to the 30th day of September of the next year.
"PREMISES". Any building, structure or facility and adjoining property
which is protected by and upon which is installed an alarm system.
"REOUIRED OPERATIVE ALARM SYSTEM". An aIarm system
which the owner of a premises is required to maintain in an operative condition pursuant
to statute, law, ordinance, rule or regulation of any governmental entity,
"SMOKE DETECfOR". A device which detects the visible or invisible
particles of combustion.
Section 112.04 PROHIBmONS.
(A) No person, partnership, corporation or other entity shall use or
cause to be used any automatic telephone dialing alarm device or digital alarm
communicator system over any telephone lines exclusively used by the public to directly
request emergency service,
(B) Audible security/burglar alarm systems which do not automatically
deactivate within thirty (30) minutes after activation are prohibited.
(C) Fire alarm systems which automatically deactivate are prohibited.
(D) Alarms which activate in the event of a power restoration after a
power failure are prohibited.
Section 112.05 EFFECT ON FIRE CODES.
Nothing herein shall be construed as repealing or modifying any provisions
of the applicable fire codes, and to the extent that the provisions of this chapter conflict
with applicable fire codes, those fire codes shall control.
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Section 112.06 EXEMPTIONS.
The provisions of this chapter shall not apply to:
(A) Alarm systems affixed to motor vehicles, mobile conveyances or
equipment; or
(B) Alanns ~hich are not intended to be heard outside the premises.
.
REGULATION OF ALARM SYSTEMS
Section 112.20 ALARM REGISTRATION REOUlRED: FEE: TERM OF
REGISTRATION: NONTRANSFERABLE.
(A) (1) It shall be unlawful for any person to install, operate or
maintain an a1ann system without a valid a1ann registration. Any new system shall be
required to have a separate installation pennit.
(2) For any alarm system exisûng prior to the effective date of
this chapter, an alarm registration application shall be made within ninety (90) days of the
effective date hereof. A person with an installed alarm system without a registration trom
the city shall be issued a notice of violation and that person shall have ten (10) days trom
the date of the notice of violation to make application for the registration. If application
for an alarm registration is not made within ten (10) days of the notice of violation, the
person shall be in violation of this section and shall result in a late charge of fifty dollars
($50.00) or an appearance before the Code Enforcement Board.
(B) Alarm registrations must be renewed each year and shall be in effect
fÌ'om October 1st to the 30th day of September of the next year, A renewal registration
will be issued after completion,.of an application fonn. A person with an installed alarm
system without a renewal registraûon fÌ'om the city shall be issued a notice of violation and
that person shall have ten (10) days ftom the date of the notice of violation to make
application for the renewal registration. If application for an alarm renewal registration is
not made within ten (10) days of the notice of violation, the person shall be in violation of
this section and shall result in a late charge of fifty dollars ($50.00) or an appearance
before the Code Enforcement Board.
(C) Applicants having more than one alarm system protecting two or
more separate structures shall be required to obtain separate alarm registrations for each
structure, unless the structures are protected by the same alarm system.
(D) Any alarm registration issued pursuant to this chapter shall not be
transferable or assignable. Any change in ownership of residential or commercial property
to which an alarm registration is assigned shall require a new registration application.
(E) Neighborhood subdivisions that have an internal fire and/or burglar
alarm system that is maint~ined and, monitored by a private security company located
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responsibilities for fees) maintenance and duties as contained in this ordinance shall lie with
the association purchasing the alann registration.
Section 112.21 APPUCATION FOR ALARM REGISTRATION: REPORTING
CHANGES TO REOUIRED INFORMATION.
(A) Application for an alann registration shall be made by a person
having control over the prope~ on which the alann system is to be operated. Such
application shall be made in writing to the Chief Building Official on a fonn designated by
the city for that purpose. Neighborhood subdivisions referred to in Section 112,20(E)
shall comply with subsections (BX2) and (4) and shall provide only one emergency
contact for the purpose of complying with subsection (BX6).
(B) On such application, the applicant shall set forth:
(I) The name) address and telephone number of the applicant's
property to be serviced by the alarm, including any business name used for the premises,
(2) The name) address and telephone number of the applicant, if
different fÌ'om the property to be serviced,
(3) The make and type of the alarm system.
(4) The name) address and telephone number of the alann
business installing or maintaining the alarm system, if any,
(5) The date of activation of the alann system.
(6) Emergency Notification. The names) addresses and
telephone numbers of at least ~p (2) persons or entities who can be contacted at any time
for the following purposes:
(a) To receive notification of alann activation;
(b) To anive at the alarm site within thirty (30) minutes
after receiving a request 1Ì'om the Police Department or Fire Department to do so; and
(c) To grant access to or enter the premises and
deactivate the alarm system.
(C) The information set forth in subsection (B) shall be kept current by
the registration holder) and the registration holder shall notify the Police
Department/Communications Center within ten (10) days of any changes in this
information. Failure to so notify shall constitute a violation of this chapter and shall result
in a late charge often dollars ($10.00).
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(D) Immediately upon receipt of a registration and prior to the
activation of any alarm system, the Chief Building Official or his designee shall forward a
copy of the application to the Police Department/Communications Center,
SECTION 112.22 DUTY OF PERSON NOTD'lED TO PROVIDE ACCESS TO
PREMISES. RENDER ASSISTANCE.
.
Any person who is notified by any member of the Police Department or
Fire Department of the activation of an alarm system and who is able to give access to the
alarm site shall come to the alarm site within thirty (30) minutes of the time such person is
notified of such activation and shall provide the Police and/or Fire Department any
necessary access or assistance. Failure to respond as provided shall be grounds for and
result in the city taking reasonable action to deactivate the alarm as provided in Section
112.28 and, if applicable, to suspend or revoke an alarm business authorization as
provided in Section 112.44.
Section 112.23 ISSUANCE OF ALARM REGISTRA nON: DECAL REOUIRED.
(A) An alarm registration shall be issued by the Chief Building Official
upon receipt of a completed application,
(B) The Chief Building Official or his designee may inspect the alarm
equipment and planned installation and may require the submission of additional and
specific information.
(C) Each alarm registration holder shall be issued a decal which shall
contain the alarm user's registration number. This decal must be prominently posted at or
near the ftont entrance of the premises covered by the registration so that the decal is
visible ftom the outside of the ~cture,
(D) An application for an alarm registration may be denied if:
(1) The requested information is not supplied on the application
or such additional information as required is not furnished,
(2) Material information on the application is incorrect, or an
applicant fiùifies any statement on the application.
(3) If the equipment is found to be inferior and not capable of
proper performance.
Section 112.24 APPEAL OF DENIAL OF REGISTRATION.
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Section 112.24 APPEAL OF DENIAL OF REGISTRATION.
Any applicant who is denied an alarm registration may request, in writing, a
hearing before the City Manager or his designee within fifteen (IS) calendar days of
receipt of the denial. The City Manager or his designee shall hold a hearing within a
reasonable time of receipt of the written request. After taking into consideration all
relevant facts and circumstances, the City Manager or his designee may either affirm the
denial or order the Chief Builqing Official to issue the alarm registration in writing. Such
decision shall be mailed to the ápplicant by regular mail.
Section 112.25 FALSE ALARMS PROHIBITED: EXCEPTIONS.
(A) No person shall intentionally activate an alarm system for any
purpose other than an emergency or threat of emergency of the kind for which the alarm
system was designed to give notice,
(B) No alarm system shall be tested or demonstrated without first
notifying the Police Department or Fire Department and receiving permission ftom the
appropriate enforcement official.
Penalty, see Section 112,99
Section 112.26 RESPONSE TO ALARM: ALARM USER RESPONSmILITY:
ALARM MALFUNCfION AND CORRECfIVE ACfION.
(A) A response to an alarm activation shall result when any officer or
member of the Police or Fire department shall be dispatched to the premises where the
alarm has been activated or learns of the activation of the alarm system( s), by any means
whatsoever, and responds thereto by traveling to that premises.
(B) After responding to an alarm activation, the enforcement official
shall notify any person identified in the alarm registration application pursuant to Sec.
112.21 of the activation of the alarm system and such person shall thereupon travel to the
premises to ascertain the status thereof. Should the person notified fail to appear at said
premises within thirty (30) minutes after being notified to do so, the City shall charge the
alarm user a fee of seventy-five dollars ($75.00). The officer or member of the Police
Departmtpt or Fire Department who responded to said premises shall serve the alarm user
or autho~ representative with an "Alarm Activation Report".
(C) In the event of an alarm activation deemed by the enforcement
official to be a false alarm as the result of an alarm malfunction, the alarm user or
authorized representative will be served an "Alarm Activation Report" indicating that the
activation was deemed to be the result of a malfunction, and requiring the alarm user or
authorized representative to return a completed "Affidavit of ServicelRepair" within thirty
(30) days of said alarm activation which can verifY to the satisfaction of the enforcement
official that the alarm system in question has actually been examined by an alarm
technician and that a bona fide attempt has been made to identifY and correct any defect of
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design, installation or operation of the alarm system which was identifiable as the çause of
the alarm malfunction. Failure to return an "Affidavit of ServicelR.epair" within said thirty
day period which is satisfactory to the enforcement official will result in a disconnection
per Section 112,28 or enforcement action in the event of a required Fire Alarm System per
F.S. 633.025(3),
Section 112.27 MULTIPLE ALARM MALFUNCfIONS OR FALSE ALARMS
DECLARED A PUBLIC NUISANCE: FEE CHARGES.
.
(A) It is hereby found and determined that the emission of more than
three (3) false alarms within a single registration period at the same premises is excessive
and constitutes a public nuisance.
(B) No fee shall be assessed for the first three (3) false alarms at the
same premises responded to by the Police Department or the Fire Department during each
registration period. Thereafter, the following fees shall be paid by the alarm user for each
false alarm responded to by the Police Department or the Fire Department at the same
premises during each registration period.
Number of False Alarms or Alarm Malfunctions ~
Fourth, , , . . , . , . , . . . . , . . . . . . , . . . . , , . . . , , . . . . . . $ 50.00
Fifth . . . . , . . , . , , , , , , , , , . . . . , . . . , . . , , . , . . . . . , . , 100.00
Sixth, , . . , , . . . . . . . . . . . , . . . . . . . . . . . . . , . , . . . . . .. 150.00
Seventh and above, , , , , , .. , . . . . . . . , , , , . . . . . .. . . .. 200.00 each
(C) Once a false alarm or alarm malfunction has been responded to by
the Police Department or the Fire Department, it shall be unlawful for the alarm panel to
be reset by the alarm user or authorized representative, until the authorization of the
enforcement official has been oþtained.
(D) Should any fee assessed pursuant to this chapter remain unpaid in
excess of 120 days trom the date the charge is billed, a collection fee in the amount of
eight percent (8%) of the outstanding balance shall be assessed and shall be payable by the
alarm user in addition to the original fee, The alarm user shall also be responsible for any
legal fees or costs incurred by the City ofDelray Beach in enforcement of this chapter.
Section 112..21 DISCONNECfION OF ALARM SYSTEM.
(A) Except for premises protected by a required operative alann
system, either of the Police Department or Fire Department enforcement officials are
authorized to order the disconnecting or deactivation of any alann system, by written
notice to the alarm user at the premises wherein an alann system is installed, for any of the
following reasons:
(1) Failure to meet all requirements provided for in this chapter
within thirty (30) days of the charging of the fee; or
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(2) Failure of the alarm user to provide a written "Affidavit of
ServicelRepair" required by this chapter; or
(3) A false alarm or alarm malfunction at a premises for which a
fee is charged pursuant to this chapter is the result of the failure of the alarm user to take
corrective action to eliminate the cause of the false alarm; or
(4) The failure of a person notified pursuant to this chapter to
appear within thirty (30) minútes after being notified to respond, if such failure to timely
appear occurs four or more times within a registration period.
(B) The written notice to disconnect or deactivate shall be mailed to the
alarm user, by certified mail, and shall specify the date on which the alarm user shall be
required to disconnect or deactivate the alarm system, which date shall be at least fifteen
(15) days following the date of mailing of the notice, The alarm user may appeal the order
of the enforcement official pursuant to Section 112,29,
Section 112.29 APPEAL
An alarm user to whom a notice to disconnect or deactivate an alarm
system was mailed, pursuant to Section 112.28, shall be entitled to appeal the order of the
enforcement official to the City Manager or his designee, An appeal must be in writing,
stating the reasons why the order to disconnect or deactivate should be withdrawn, and
shall be made within fifteen (15) days of the date of receipt of the notice to disconnect.
The City Manager or his designee shall review the facts and circumstances and shall
determine whether the alarm user has shown good cause why the order should be
withdrawn. The City Manager or his designee shall notify the alarm user of the decision in
writing, If the City Manager or his designee affinns the order to disconnect or deactivate
an alarm system, the alarm user shall have five (5) days following mailing of the written
decision of the City Manager ot his designee within which to comply with the order. The
appeal of an order to disconnect or deactivate shall suspend the effective date of the order
until the appeal has been acted upon by the City Manager or his designee.
Section 112.30 FAILURE TO DISCONNECT OR UNAUTHORIZED
RECONNECfION OF ALARM SYSTEM.
It shall be unlawful for any person to fail to disconnect or deactivate an
alarm system which has been ordered disconnected or deactivated pursuant to Section
112.28, including those situations in which the City Manager or his designee affinned the
order to disconnect or deactivate; and it shall be unlawful for any person to reconnect an
alarm system which has been disconnected or deactivated pursuant to the order of the
enforcement official, unless reconnection of the alarm system is authorized pursuant to
Section 112.31. Any person violating the provisions of this section shall be subject to
penalties provided for in Section 10.99, the penalty being cumulative to other
administrative remedies provided for in this chapter.
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Section 112.31 RECONNECflON OF ALARM SYSTEMS.
Any order to disconnect or deactivate an alann system may be rescinded by
either the Police Department or Fire Department enforcement official upon a finding by
said enforcement official that the alann user has taken corrective action which it is
reasonable to conclude will remedy the cause of the false alanns or alann malfunctions at
the premises, In making a request for such a rescission, the alann user shall have the
burden to show what corred:ive action has been taken and that same is sufficient to
support a finding that the cause of the false alanns or alarm malfunctions has been
remedied. The enforcement official shall have the right to inspect the alarm system and
test same prior to rescinding the order to disconnect or deactivate, Before any
reconnection of an alarm system, after the order to disconnect said system, a reconnection
fee of fifty dollars ($50.00) shall be assessed. The enforcement official shall not rescind an
order to disconnect or deactivate if the alann user has failed to pay any fee charged
pursuant to this chapter.
Section 112.32 NEWLY INSTALLED ALARM SYSTEMS.
The provisions of this chapter relative to false alanns shall not apply to any
newly installed alann system for a period of sixty (60) days from the date of the activation
of that alann system, but shall apply from and after the expiration of the initial sixty (60)
day period following activation. The time limit provided for in this section shall be
measured from the date shown on the application for alann registration required by
Section I 12.2 I (B)(5). The exemptions set forth in this section shall not apply to any
person who has failed to comply with Section 112.20,
ADMINISTRATION AND ENFORCEMENT
Section 112.50 NONCOMPLIANCE WITH PROVISIONS.
In addition to the violations specifically set forth herein, any noncompliance
with the provisions of this chapter shall be decreed a violation of this chapter, punishable
as provided herein.
Section 112.51 ENFORCEMENT THROUGH CODE ENFORCEMENT BOARD.
The enforcement official may initiate action before the Code Enforcement
Board of the city to obtain compliance with this chapter and payment of service charges or
fees assessed by the city pursuant to the provisions of this chapter. The Code
Enforcement Board shall have the authority to place a lien against the premises served by
an alarm system in the amount of all assessed service charges and fees.
Section 112.52 ALARM SYSTEM OPERATIONS.
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The City, its officers, employees and agents, shall not assume any, duty or
responsibility for the installation, maintenance, operation, repair or effectiveness of any
privately owned alarm system, those duties or responsibilities being solely those of the
alarm user. Additionally, it shall be the responsibility of the alarm user to silence an
activated alarm and thereafter reset same.
Section 112.53 LIMITATION OF LIABILI1Y.
The City, its officers and agents shall not be under any obligation or duty to
an alarm user or to any other person hereunder by reason of this ordinance. The City
specifically disclaims liability for any damages which may be caused by failure to respond
to an alarm. Nothing herein shall be deemed to waive any immunities granted pursuant to
Section 768,28, Florida Statutes.
Section 112.54 REMEDIES TO BE CUMULATIVE.
The remedies of the city provided in this chapter shall be cumulative with
each other and other remedies existing according to law.
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 January 1, 1995 after
its passage on second and final reading.
PASSED AND<A.DOPTED in regular session on second and final reading
on this the day of ,1994.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
aIarmnf
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'R £.du.c.E-d F"tE..-
ORDINANCE NO. 91-94
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE
XI, "BUSINESS REGULATIONS", OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, BY REPEALING CHAPTER 112, "ALARM
SYSTEMS", IN ITS ENTIRETY, AND ENACTING A NEW
CHAPTER 112, "ALARM SYSTEMS", TO PROVIDE FOR
THE REGULATION OF ALARM SYSTEMS WITIßN THE
CITY OF DELRAY BEACH; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of De1ray Beach, Florida,
finds that a high incidence of false alarms and/or malfunctions causes a significant misuse
of the manpower and resources of the Police and Fire Departments by causing the
dispatch of units to the scene of a false alarm or alarm malfunction, thereby rendering units
out of service and unavailable to respond to legitimate emergency situations; and
WHEREAS, the City Commission finds that the continued high incidence
of false alarms and/or malfunctions are a threat to the health, safety and welfare of the
citizens of the City ofDelray Beach; and
WHEREAS, reasonable regulation of all alarm systems and their users
should result in a significant decrease in false alarms with a resultant savings in public
resources; and
WHEREAS, the City Commission finds that the revision of current
procedures and fees for multiple false alarms and malfunctions would serve the public
health, safety and welfare. .'
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 112, " Alarm
Systems", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby
repealed in its entirety, and a new Chapter 112, "Alarm Systems", is hereby enacted to
read as fonows:
CHAPTER 112: ALARM SYSTEMS
GENERAL PROVISIONS
Section 112.01 SHORT TITLE.
This chapter shall be known and cited as the "Alarm Systems Ordinance. "
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Section 112.02 PURPOSE.
This chapter is enacted to provide minimum standards and regulations
applicable to alarm systems, and alarm users, Both society in general and public safety in
particular will be aided by providing a useful and usable system of private security or fire
response which properly balances quick response by the Police and Fire Departments with
minimization of public resources spent on alarms which are false or otherwise not the
intended function of such systems.
Section 112.03 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless
the context clearly indicates or requires a different meaning:
"ALARM". The sound or signal of an alarm system.
"ALARM MAI...FlJNCTlON". The activation of any alarm which results
in the response of the Police Department or the Fire Department, caused by mechanical
failure, malfunction, improper installation or lack of proper maintenance or any other
response for which Police or Fire Department personnel are unable to gain access to the
premises for any reason, or are unable to determine the apparent cause of the alarm
activation,
"ALARM REGISTRATION". A registration issued by the City
Manager or his designee allowing the operation of an alarm system within the City of
Delray Beach and signifying compliance of the alarm system with the provisions of this
chapter.
"AI~ARM SYSTEM". Any mechanical, electrical or radio- controlled
device which is designed for the detection of smoke, fire, unauthorized entry or other
activity requiring urgent attentioli, and which when activated emits a sound or transmits a
signal or message beyond the premises to alert others of an emergency situation.
"ALARM TECHNICIAN". Any person who ~ installs, repairs or
performs maintcmnce on alarm systems and is licensed by the State of Florida or works
under a State IiceaIed alarm contractor,
"ALARM USER". Any individual, partnership, corporation or other
entity in coDtl'oI of any building, structure, facility or premises, or portion thereof; where
an alann system is located and maintained.
"AUTOMATIC TEI~EPHONE DIAI.1NG DEVICE OR DIGITAL
ALARM COMMUNICATOR". An alarm system which automatically transmits a
recorded message or coded signal over regular telephone lines by direct connection or
otherwise, indicating the existence of the emergency situation that the alarm system is
designed to detect,
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"ENFORCEMENT OFFICIAL". As to securitylburglar alarm systems,
the Chief of Police or his designated representative; as to fire alarm systems, the Fire Chief
or his designated representative,
"FALSE ALARM". An alarm for which a governmental agency has
made an inspection of the premises within a reasonable time after the activation of an
alarm and finds no apparent reason for the alarm except a possible alarm malfunction, or
an activation falsely indicating that an emergency exists. An alarm is not considered a
false alarm if the alarm is activated by unusually violent conditions of nature or due to
malicious causes beyond the control of the alarm user.
"REGISTRATION PERIOD". On an annual basis, the period ftom
October 1st to the 30th day of September of the next year.
"PREMISES". Any building, structure or facility and adjoining property
which is protected by and upon which is installed an alarm system.
"REOUlRED OPERATIVE ALARM SYSTEM". An alarm system
which the owner of a premises is required to maintain in an operative condition pursuant
to statute, law, ordinance, role or regulation of any governmental entity,
"SMOKE DETECfOR". A device which detects the visible or invisible
particles of combustion.
Section 112.04 PRORTRmONS.
(A) No person, partnership, corporation or other entity shall use or
cause to be used any automatic telephone dialing alarm device or digital alarm
communicator system over any f.elephone lines exclusively used by the public to directly
request emergency service,
(B) Audible securitylburglar alarm systems which do not automatically
deactivate within thirty (30) minutes after activation are prohibited.
(C) Fire alarm systems which automatically deactivate are prohibited,
(D) Alarms which activate in the event of a power restoration after a
power failure are prolubited.
Section 112.05 EFFECf ON FIRE CODES.
Nothing herein shall be construed as repealing or modifying any provisions
of the applicable fire codes, and to the extent that the provisions of this chapter conflict
with applicable fire codes, those fire codes shall control.
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Section 112.06 EXEMPTIONS.
The provisions of this chapter shall not apply to:
(A) Alarm systems affixed to motor vehicles, mobile conveyances or
equipment; or
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(B) Alarms which are not intended to be heard outside the premises.
REGULATION OF ALARM SYSTEMS
Section 112.20 ALARM REGISTRATION REOUlRED: FEE: TERM OF
gGISTRATION: NONTRANSFERABLE.
(A) (1) It shall be unlawful for any person to install, operate or
maintain an alarm system without a valid alarm registration. Any new system shall be
required to have a separate installation permit.
(2) For any alarm system existing prior to the effective date of
this chapter, an alarm registration application shall be made within ninety (90) days of the
effective date hereof. A person with an installed alarm system without a registration Û'om
the city shall be issued a notice of violation and that person shall have ten (10) days Û'om
the date of the notice of violation to make application for the registration. If application
for an alarm registration is not made within ten (10) days of the notice of violation, the
person shall be in violation of this section and shall result in a late charge of fifty dollars
(S50.oo) or an appearance before the Code Enforcement Board,
(B) A registration fee often dollars (SI0.oo) shall be charged the alarm
user by the city for each alarm registration issued. The registration fee shall not be
prorated based upon when, during the registration period, the alarm registration
application is made or the fee is ¡¡aid,
(C) Alarm registrations must be renewed each year and shall be in effect
Û'om October 1st to the 30th day of September of the next year. A renewal registration
will be issued after completion of an application form. A person with an installed alarm
system without a renewal registration Û'om the city shall be issued a notice of violation and
that persoa···1haJI have ten (10) days Û'om the date of the notice of violation to make
application'" the renewal registration. If application for an alarm renewal registration is
not made wIìIin ten (10) days of the notice of violation, the person shall be in violation of
this section IDd sbaJl result in a late charge of fifty dollars (S50.oo) or an appearance
before the Code Enforcement Board.
(D) Applicants having more than one alarm system protecting two or
more separate structures shall be required to obtain separate alarm registrations for each
structure, unless the structures are protected by the same alarm system.
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(E) Any alarm registration issued pursuant to this chapter shall not be
transferable or assignable. Any change in ownership of residential or commercial property
to which an alarm registration is assigned shall require a new registration application and a
fee often doUars ($10.00).
(F) Neighborhood subdivisions that have an internal fire and/or burglar
alarm system that is maintained and monitored by a private security company located
within the subdivision shall pay one registration fee for the entire subdivision. The alarm
registration shall be purchased by the subdivision's condominium or homeowner's
association and the application shall be in the name of the asssociation. All responsibilities
for fees, maintenance and duties as contained in this ordinance shall lie with the
association purchasing the alarm registration,
Section 112.21 APPLICATION FOR ALARM REGISTRATION: REPORTING
CHANGES TO REOUIRED INFORMATION.
(A) Application for an alarm registration shall be made by a person
having control over the property on which the alarm system is to be operated. Such
application shall be made in writing to the Chief Building Official on a form designated by
the city for that purpose. Each application shall be accompanied by a registration fee of
ten dollars ($10,00), Neighborhood subdivisions referred to in Section 1 12.20(F) shall to
comply with subsection (B)(2) and (4) and shall provide only one emergency contact for
the purpose of complying with subsection (B)(6),
(B) On such application, the applicant shall set forth:
(I) The name, address and telephone number of the applicant's
property to be serviced by the alarm, including any business name used for the premises.
(2) 'Th!t name, address and telephone number of the applicant, if
different ftom the property to be serviced,
(3) The make and type of the alarm system.
(4) The name, address and telephone number of the alarm
business in....n"'a or maintaining the alarm system, if any,
(5) The date of activation of the alarm system.
(6) Emergency Notification, The names, addresses and
telephone numbers of at least two (2) persons or entities who can be contacted at any time
for the following purposes:
(a) To receive notification of alarm activation;
(b) To arrive at the alarm site within thirty (30) minutes
after receiving a request ftom the Police Department or Fire Department to do so; and
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(c) To grant access to or enter the premises and
deactivate the aIann system.
(C) The infonnation set forth in subsection (B) shall be kept current by
the registration holder, and the registration holder shall notify the Police
Department/Communications Center within ten (10) days of any changes in this
information. Failure to so notify shall constitute a violation of this chapter and shall result
in a late charge often dollars ($10.00),
(D) Immediately upon receipt of a registration and prior to the
activation of any a1arm system, the Chief Building Official or his designee shall forward a
copy of the application to the Police Department/Communications Center.
SECfION 112.22 DUTY OF PERSON NOTU'IED TO PROVIDE ACCESS TO
PREMISES. RENDER ASSISTANCE.
Any person who is notified by any member of the Police Department or
Fire Department of the activation of an a1arm system and who is able to give access to the
alarm site shall come to the a1arm site within thirty (30) minutes of the time such person is
notified of such activation and shall provide the Police and/or Fire Department any
necessary access or assistance. Failure to respond as provided shall be grounds for and
result in the city taking reasonable action to deactivate the a1arm as provided in Section
112.28 and, if applicable, to suspend or revoke an a1arm business authorization as
provided in Section 112,44,
Section 112.23 ISSUANCE OF' ALARM REGISTRATION: DECAL REOUIRED.
(A) An a1arm registration shall be issued by the Chief Building Official
upon receipt of a completed application and payment of the $10.00 registration fee.
(B) The Chie£Building Official or his designee may inspect the alarm
equipment and planned installation and may require the submission of additional and
specific information.
(C) Each alarm registration holder shall be issued a decal which shall
contain the a1ann users reaistration number. This decal must be prominently posted at or
near the ftoat eatrance of the premises covered by the registration so that the decal is
visible ftomtbe outIide of the stnlcture.
(D) An application for an alarm registration may be denied if:
(1) The requested information is not supplied on the application
or such additional information as required is not furnished.
(2) Material information on the application is incorrect, or an
applicant falsifies any statement on the application.
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(3) If the equipment is found to be inferior and not capable of
proper performance.
Section 112.24 APPEAL OF DENIAL OF REGISTRA TION.
Any applicant who is denied an alarm registration may request, in writing, a
hearing before the City Manager or his designee within fifteen (15) calendar days of
receipt of the denial. The City Manager or his designee shall hold a hearing within a
reasonable time of receipt of the written request. After taking into consideration all
relevant facts and circumstances, the City Manager or his designee may either affirm the
denial or order the Chief Building Official to issue the alarm registration in writing. Such
decision shall be mailed to the applicant by regular mail.
Section 112.25 FALSE ALARMS PROHIBITED: EXCEPTIONS.
(A) No person shall intentionally activate an alarm system for any
purpose other than an emergency or threat of emergency of the kind for which the alarm
system was designed to give notice,
(B) No alarm system shall be tested or demonstrated without first
notifying the Police Department or Fire Department and receiving permission fÌ'Om the
appropriate enforcement official.
Penalty, see Section 112,99
Section 112.26 RESPONSE TO ALARM: ALARM USER RESPONSIBn~1TY:
ALARM MALFUNCI'ION AND CORRECI'IVE ACI'ION.
(A) A response to an alarm activation shall result when any officer or
member of the Police or Fire department shall be dispatched to the premises where the
alarm has been activated or learns of the activation of the alarm system(s), by any means
whatsoever, and responds thereto' by traveling to that premises.
(B) After responding to an alarm activation, the enforcement official
shall notify any person identified in the alarm registration application pursuant to Sec.
112,21 of the activation of the alarm system and such person shall thereupon travel to the
premises to ucertain the status thereof. Should the person notified fail to appear at said
premises wi&hin thirty (30) minutes after being notified to do so, the City shall charge the
alarm user .' fee of seventy-five dollars ($75.00). The officer or member of the Police
Department or Fife Department who responded to said premises shall serve the alarm user
or authorized representative with an "Alarm Activation Report".
(C) In the event of an alarm activation deemed by the enforcement
official to be a false alarm as the result of an alarm malfùnction, the alarm user or
authorized representative will be served an "Alarm Activation Report" indicating that the
activation was deemed to be the result of a malfunction, and requiring the alarm user or
authorized representative to return a completed "Affidavit of ServicelRepair" within thirty
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(30) days of said alarm activation which can verify to the satisfaction of the enforcement
official that the alarm system in question has actually been examined by an alarm
technician and that a bona fide attempt has been made to idenûfy and correct any defect of
design, installation or operation of the alarm system which was identifiable as the cause of
the alarm malfunction. Failure to return an "Affidavit of ServicelRepair" within said thirty
day period which is satisfactory to the enforcement official will result in a disconnection
per Section 112.28 or enforcement action in the event of a required Fire Alarm System per
F.S, 633,025(3).
Section 111.17 MULTIPLE ALARM MALFUNCflONS OR F~E ALARMS
DECLARED A PUBUC NUISANCE: FEE CHARGES.
(A) It is hereby found and determined that the emission of more than
three (3) false alarms within a single registration period at the same premises is excessive
and constitutes a public nuisance,
(B) No fee shall be assessed for the first three (3) false alarms at the
same premises responded to by the Police Department or the Fire Department during each
registration period, Thereafter, the following fees shall be paid by the alarm user for each
false alarm responded to by the Police Department or the Fire Department at the same
premises during each registration period.
Number of False Alarms or Alarm Ma.Jfhnctions fa
Fourth. , . . , . . , . . . . . , . . . . . . . . , . . , . , , . , . . , . . . " $ 50.00
Fifth , . . . , , . , . . , , . . . , , . . , . . , . . . . . . . . , , , , , , . . .. 100,00
Sixth , . . , . . . , , , . . . . . , . . . . , , . , , . , , , , , . , . . . . , . " 150,00
Seventh and above . . , , , , .. . , , , . , , . , . . . . . . , , .. , , .. 200.00 each
(C) Once a false alarm or alarm malfunction has been responded to by
the Police Department or the FÏJ'é Department, it shall be unlawful for the alarm panel to
be reset by the alarm user or authorized representative, until the authorization of the
enforcement official has been obtained.
(D) Should any fee assessed pursuant to this chapter remain unpaid in
excess of 120 days from the date the charge is billed, a collection fee in the amount of
eight perceat (8%) of the outstanding balance shall be assessed and shall be payable by the
alarm user ill addition to the original fee. The alarm user shall also be responsible for any
legal fees or costs incurred by the City ofDelray Beach in enforcement of this chapter,
Section 111.18 DISCONNECflON OF ALARM SYSTEM.
(A) Except for premises protected by a required operative alarm
system, either of the Police Department or Fire Department enforcement officials are
authorized to order the disconnecting or deactivation of any alarm system, by written
notice to the alarm user at the premises wherein an alarm system is installed, for any of the
following reasons:
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(1) Failure to meet all requirements provided for in this chapter
within thirty (30) days of the charging of the fee; or
(2) Failure of the alann user to provide a written "Affidavit of
Service/Repair" required by this chapter; or
(3) A false alann or alarm malfunction at a premises for which a
fee is charged pursuant to this chIpter is the result of the failure of the aIann user to take
corrective action to eliminate the cause of the false alarm; or
(4) The failure of a person notified pursuant to this chapter to
appear within thirty (30) minutes after being notified to respond, if such failure to timely
appear occurs four or more times within a registration period.
(B) The written notice to disconnect or deactivate shall be mailed to the
alann user, by certified mail, and shall specify the date on which the alarm user shall be
required to disconnect or deactivate the alann system, which date shall be at least fifteen
(15) days following the date ofmailing of the notice. The alarm user may appeal the order
of the enforcement official pursuant to Section 112.29,
Section 112.29 APPEAL
An alarm user to whom a notice to disconnect or deactivate an alarm
system was mailed, pursuant to Section 112.28, shall be entitled to appeal the order of the
enforcement official to the City Manager or his designee. An appeal must be in writing,
stating the reasons why the order to disconnect or deactivate should be withdrawn, and
shall be made within fifteen (15) days of the date of receipt of the notice to disconnect,
The City Manager or his designee shall review the facts and circumstances and shall
determine whether the alarm user has shown good cause why the order should be
withdrawn. The City Manager or his designee shall notify the alarm user of the decision in
writing, If the City Manager or His designee affinns the order to disconnect or deactivate
an alann system, the alarm user shall have five (5) days following mailing of the written
decision of the City Manager or his designee within which to comply with the order. The
appeal of an order to disconnect or deactivate shall suspend the effective date of the order
until the appeal has been acted upon by the City Manager or his designee.
Section uµo F'Aß.URE TO DISCONNECf OR UNAUTHORIZED
RECONl!KTION OF' ALARM SYSTEM.
It shall be unlawful for any person to fail to disconnect or deactivate an
alann system which has been ordered disconnected or deactivated pursuant to Section
112,28, including those situations in which the City Manager or his designee affirmed the
order to disconnect or deactivate; and it shall be unlawful for any person to reconnect an
alann system which has been disconnected or deactivated pursuant to the order of the
enforcement official, unless reconnection of the alarm system is authorized pursuant to
Section 112,31, Any person violating the provisions of this section shall be subject to
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penalties provided for in Section 10,99, the penalty being cumulative to other
administrative remedies provided for in this chapter.
Section 112.31 RECONNECfION OF ALARM SYSTEMS.
Any order to disconnect or deactivate an alann system may be rescinded by
either the Police Department or Fire Department enforcement official upon a finding by
said enforcement official that the alarm user has taken corrective action which it is
reasonable to conclude will remedy the cause of the false alarms or alann malfunctions at
the premises. In making a request for such a rescission, the alarm user shall have the
burden to show what corrective action has been taken and that same is sufficient to
support a finding that the cause of the false alanns or alann malfunctions has been
remedied. The enforcement official shall have the right to inspect the alarm system and
test same prior to rescinding the order to disconnect or deactivate. Before any
reconnection of an alann system, after the order to disconnect said system, a reconnection
fee of fifty donars (S50,oo) shall be assessed. The enforcement official shall not rescind an
order to disconnect or deactivate if the alann user has failed to pay any fee charged
pursuant to this chapter,
Section 112.32 NEWLY INSTAT~T~ED ALARM SYSTEMS.
The provisions of this chapter relative to false alarms shall not apply to any
newly installed alann system for a period of sixty (60) days ftom the date of the activation
of that alann system, but shall apply ftom and after the expiration of the initial sixty (60)
day period fonowing activation. The time limit provided for in this section shall be
measured ftom the date shown on the application for alann registration required by
Section 112.21(B)(5). The exemptions set forth in this section shall not apply to any
person who has failed to comply with Section 112,20.
ADMINIS1JtATION AND ENFORCEMENT
Section 112.50 NONCOMPT~TANCE WITH PROVISIONS.
In addition to the violations specifically set forth herein, any noncompliance
with the provisions ofthia chapter shall be decreed a violation of this chapter, punishable
as provided herein.
Section HUt ENF'ORCEMENT THROUGH CODE ENFORCEMENT BOARD.
The enforcement official may initiate action before the Code Enforcement
Board of the city to obtain compliance with this chapter and payment of service charges or
fees assessed by the city pursuant to the provisions of this chapter. The Code
Enforcement Board shall have the authority to place a lien against the premises served by
an alann system in the amount of all assessed service charges and fees,
Section 112.52 ALARM SYSTEM OPERATIONS.
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The city, its officers, employees and agents, shall not assume any duty or
responsibility for the installation, maintenance, operation, repair or effectiveness of any
privately owned alarm system, those duties or responsibilities being solely those of the
alarm user. Additionally, it shall be the responsibility of the alarm user to silence an
activated alarm and thereafter reset same.
Section 112.53 LIMITATION OF LIABILITY.
The City, its officers and agents shall not be under any obligation or duty to
an alarm user or to any other person hereunder by reason of this ordinance. The City
specifically disclaims liability for any damages which may be C8Jlsed by failure to respond
to an alarm. Nothing herein shall be deemed. to waive any immunities granted pursuant to
Section 768,28, Florida Statutes,
Section 112.54 REMEDIES TO BE CUMULATIVE.
The remedies of the city provided. in this chapter shall be cumulative with
each other and other remedies existing according to law,
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 thereot: 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 January 1, 1995 after
its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final reading
on this the day of . 1994,
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
oIoomcIIf
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. REJf ,SfE.e- If tk.e-
OíJ E.. 1k1SE. ~/~
ORDINANCE NO. 91-94
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE
XI, "BUSINESS REGULATIONS", OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH~
FLORIDA, BY REPEALING CHAPTER 112, "ALARM
SYSTEMS", IN ITS ENTIRETY, AND ENACTING A NEW
CHAPTER 112; "ALARM SYSTEMS", TO PROVIDE FOR
THE REGULATION OF ALARM SYSTEMS WITIllN THE
CITY OF DELRAY BEACH; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of DeJray Beach, Florida,
finds that a high incidence offalse alarms and/or malfunctions causes a significant misuse
of the manpower and resources of the Police and Fire Departments by causing the
dispatch of units to the scene of a false alarm or alarm malfunction, thereby rendering units
out of service and unavailable to respond to legitimate emergency situations; and
WHEREAS, the City Commission finds that the continued high incidence
of false alarms and/or malfunctions are a threat to the health, safety and welfare of the
citizens of the City ofDelray Beach; and
WHEREAS, reasonable regulation of all alarm systems and their users
should result in a significant decrease in false alarms with a resultant savings in public
resources; and
WHEREAS, the City Commission finds that the revision of current
procedures and fees for multiple false alarms and malfunctions would serve the public
health, safety and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
, Section }, That Title XI, "Business Regulations", Chapter 112, "Alarm
Systems",' of the Code of Ordinances of the City of Delray Beach, Florida, is hereby
repealed in its entirety, and a new Chapter 112, "Alarm Systems", is hereby enacted to
read as follows:
CHAPTER 112: ALARM SYSTEMS
GENERAL PROVISIONS
Section 112.01 SHORT TITLE.
This chapter shall be known and cited as the "Alarm Systems Ordinance. "
"
Section 112.02 PURPOSE.
This chapter is enacted to provide minimum standards and regulations
applicable to alann systems, and alarm users. Both society in general and public safety in
particu1ar will be aided by providing a useful and usable system of private security or fire
response which properly balances quick response by the Police and Fire Departments with
minimization of public resources spent on alanns which are false or otherwise not the
intended function of such systems.
Section 112.03 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless
the context clearly indicates or requires a different meaning:
"ALARM". The sound or signal of an alarm system.
"ALARM MJ\ 1...J'1JNCI10N". The activation of any alann which results
in the response of the Police Department or the Fire Department, caused by mechanical
failure, malfunction, improper installation or lack of proper maintenance or any other
response for which Police or Fire Department personnel are unable to gain access to the
premises for any reason, or are unable to detennine the apparent cause of the alarm
activation.
"ALARM REGISTRATION". A registration issued by the City
Manager or his designee allowing the operation of an alann system within the City of
Delray Beach and signifying compliance of the alann system with the provisions of this
chapter,
"ALARM SYSTEM". Any mechanical, electrical or radio- controlled
device which is designed for ~ detection of smoke, fire, unauthorized entry or other
activity requiring urgent attention, and which when activated emits a sound or transmits a
signal or message beyond the premises to alert others of an emergency situation.
"ALARM TECHNICIAN". Any person who inspects, installs, repairs or
performs maintenance on alarm systems and is licensed by the State of Florida or works
under a State licensed alann contractor.
"ALARM USER". Any individual, partnership, corporation or' other
entity in control of any building, structure, facility or premises, or portion thereot: where
an alarm system is located and maintained.
"AUTOMATIC TELEPHONE DIALING DEVICE OR DIGITAL
ALARM COMMUNICATOR". An alarm system which automatically transmits a
recorded message or coded signal over regular telephone lines by direct connection or
otherwise, indicating the existence of the emergency situation that the alarm system is
designed to detect.
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"ENFORCEMENT OFFICIAL". As to securitylburgIar alarm systems,
the Chief of Police or his designated representative; as to fire alarm systems, the Fire Chief
or his designated representative.
"FALSE ALARM". An alarm for which a governmental agency has
made an inspection of the premises within a reasonable time after the activation of an
alarm and finds no apparent reason for the alarm except a possible alarm ma1function, or
an activation falsely indicating that an emergency exists. An alarm is not considered a
false alarm if the alarm is activated by unusually violent conditions of nature or due to
malicious causes beyond the control of the alarm user.
"REGISTRATION PERIOD". On an annual basis, the period trom
October 1st to the 30th day of September of the next year,
"PREMISES". Any building, structure or facility and adjoining property
which is protected by and upon which is installed an alarm system.
"REOUlRED OPERATIVE ALARM SYSTEM". An alarm system
which the owner of a premises is required to maintain in an operative condition pursuant
to statute, law, ordinance, rule or regulation of any governmental entity.
"SMOKE DETECI'OR". A device which detects the visible or invisible
particles of combustion.
Section 112.04 PRORTBmONS.
(A) No person, partnership, corporation or other entity shall use or
cause to be used any automatic telephone dialing alarm device or digital alarm
communicator system over any·telephone lines exclusively used by the public to directly
request emergency service.
(B) Audible securitylburglar alarm systems which do not automatically
deactivate within thirty (30) minutes after activation are prohibited.
(C) FU'e alarm systems which automatically deactivate are prohibited.
(D) Alarms which activate in the event of a power restoration after a
power failure are prohibited.
Section 112.05 EFFECI' ON FIRE CODES.
Nothing herein shall be construed as repealing or modifying any provisions
of the applicable fire codes, and to the extent that the provisions of this chapter conflict
with applicable fire codes, those fire codes shall control.
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Section 112.06 EXEMYfIONS.
The provisions of this chapter shall not apply to:
(A) Alarm systems affixed to motor vehicles, mobile conveyances or
equipment; or
(B) A1anns which are not intended to be heard outside the premises.
REGULATION OF ALARM SYSTEMS
Section 112.20 ALARM ,REGISTRATION REOUIRED: FEE: TERM OF
REGISTRATION: NONTRANSFERABLE.
(A) (1) Upon the emission of one (1) false alarm, the aIarm user
shal1 be required to obtain a valid aIarm registration.
(2) A person required to obtain a valid aIarm registration shal1
be issued a notice of violation and that person shal1 have ten (10) days from the date of the
notice of violation to make application for the registration. If application for an aIarm
registration is not made within ten (10) days of the notice of violation, the person shall be
in violation of this section and shal1 result in a late charge of fifty dollars (S50,oo) or an
appearance before the Code Enforcement Board.
(B) Alarm registrations must be renewed each year and shal1 be in effect
from October 1st to the 30th day of September of the next year. A renewal registration
will be issued after completion of an application form. A person with an installed alarm
system without a renewal registration from the city shall be issued a notice of violation and
that person shall have ten (10) days ftom the date of the notice of violation to make
application for the renewal registration. If application for an alarm renewal registration is
,
not made within ten (10) days otthe notice of violation, the person shall be in violation of
this section and shal1 result in a late charge of fifty dollars (S50.00) or an appearance
before the Code Enforcement Board.
(C) Applicants having more than one alarm system protecting two or
more separate structures shall be required to obtain separate alarm registrations for each
structure, unless the structures are protected by the same alarm system.
(D) Any alarm registration issued pursuant to this chapter shall not be
transferable or assignable. Any change in ownership of residential or commercial property
to which an alarm registration is assigned shall require a new registration application.
(E) Neighborhood subdivisions that have an internal fire and/or burglar
alarm system that is maintained and monitored by a private security company located
within the subdivision shall pay one registration fee for the entire subdivision. The alarm
registration shall be purchased by the subdivision's condominium or homeowner's
association and the application shall be in the name of the association only, All
4
,
within the subdivision shall pay one registration fee for the entire subdivision, The alarm
registration shall be purchased by the subdivision's condominium or homeowner's
association and the application shall be in the name of the association only, All
responsibilities for fees, maintenance and duties as contained in this ordinance shall lie with
the association purchasing the alarm registration.
Section 112.21 APPLICATION FOR ALARM REGISTRATION: REPORTING
CHANGES TO REOUlRED ~ORMATlON.
(A) Application for an alarm registration shall be made by a person
having control over the property on which the alarm system is to be operated. Such
application shall be made in writing to the Chief Building Official on a form designated by
the city for that purpose. Neighborhood subdivisions referred to in Section 112.20(E)
shall comply with subsections (8)(2) and (4) and shall provide only one emergency
contact for the purpose of complying with subsection (B)(6).
(8) On such application, the applicant shall set forth:
(1) The name, address and telephone number of the applicant's
property to be serviced by the alarm, including any business name used for the premises.
(2) The name, address and telephone number of the applicant, if
different ftom the property to be serviced.
(3) The make and type of the alarm system.
(4) The name, address and telephone number of the alarm
business installing or maintaining the alarm system, if any.
(5) l})e date of activation of the alarm system.
(6) Emergency Notification, The names, addresses and
telephone numbers of at least two (2) persons or entities who can be contacted at any time
for the following purposes:
(a) To receive notification of alarm activation;
(b) To arrive at the alarm site within thirty (30) minutes
after receiving a request ftom the Police Department or Fire Department to do so; and
(c) To grant access to or enter the premises and
deactivate the alarm system.
(C) The information set forth in subsection (B) shall be kept current by
the registration holder, and the registration holder shall notify the Police
Department/Communications Center within ten (10) days of any changes in this
S
"
information. Failure to so notify shall constitute a violation of this chapter and shall result
in a late charge often dollars ($10.00).
(D) Immediately upon receipt of a registration and prior to the
activation of any alarm system, the Chief Building Official or his designee shall forward a
copy of the application to the Police Department/Communications Center.
.
SECI'ION 112.22 DUTY OF PERSON NOTUu.;D TO PROVIDE ACCESS TO
PREMISES. RENDER ASSISTANCE.
Any person who is notified by any member of the Police Department or
Fire Department of the activation of an alann system and who is able to give access to the
alann site shall come to the alann site within thirty (30) minutes of the time such person is
notified of such activation and shall provide the Police and/or Fire Department any
necessary access or assistance. Failure to respond as provided shall be grounds for and
result in the city taking reasonable action to, deactivate the alarm as provided in Section
112.28 and, if applicable, to suspend or revoke an alarm business authorization as
provided in Section 112.44,
Section 112.23 ISSUANCE OF ALARM REGISTRATION: DECAL REOUIRED.
(A) An alann registration shall be issued by the Chief Building Official
upon receipt of a completed application.
(B) The Chief Building Official or his designee may inspect the alann
equipment and planned installation and may require the submission of additional and
specific information,
(C) Each alarm registration holder shall be issued a decal which shall
contain the alarm users registration number. This decal must be prominently posted at or
near the tront entrance of the premises covered by the registration so that the decal is
visible trom the outside of the structure.
(D) An application for an alann registration may be denied if:
(1) The requested information is not supplied on the application
or such ac:fèfitional information as required is not furnished.
(2) Material information on the application is incorrect, or an
applicant falsifies any statement on the application.
(3) If the equipment is' found to be inferior and not capable of
proper performance.
6
Any applicant who is denied an alarm registration may request, in writing, a
hearing before the City Manager or his designee within fifteen (15) calendar days of
receipt of the denial. The City Manager or his designee shall hold a hearing within a
reasonable time of receipt of the written request. After taking into consideration all
relevant facts and circumstances, the City Manager or his designee may either affirm the
denial or order the Chief Building Official to issue the alarm registration in writing. Such
decision shall be mailed to the applicant by regular mail.
Section 112.25 FALSE ALARMS PROHIBITED: EXCEPTIONS.
(A) No person shall intentionally activate an alarm system for any
purpose other than an emergency or threat of emergency of the kind for which the alarm
system was designed to give notice.
(B) No alarm system shall be tested or demonstrated without first
notifYing the Police Department or Fire Department and receiving permission ftom the
appropriate enforcement official.
Penalty, see Section 112.99
Section 112.26 RESPONSE TO ALARM: ALARM USER RESPONSmß.1TY:
ALARM MALFUNCTION AND CORRECfIVE ACTION.
(A) A response to an alarm activation shall result when any officer or
member of the Police or Fire department shall be dispatched to the premises where the
alarm has been activated or learns of the activation of the alarm system(s), by any means
whatsoever, and responds thereto by traveling to that premises.
(B) After responding to an alarm activation, the enforcement official
shall notify any person identified in the alarm registration application pursuant to Sec.
112.21 of the activation of the ~ system and such person shall thereupon travel to the
premises to ascertain the status thereof. Should the person notified fail to appear at said
premises within thirty (30) minutes after being notified to do so, the City shall charge the
alarm user a fee of seventy-five dollars ($75,00). The officer or member of the Police
Department or Fire Department who responded to said premises shall serve the alarm user
or authorized representative with an "Alarm Activation Report".
(C) In the event of an alarm activation deemed by the enforcement
official to be . false alarm as the result of an alarm malfunction, the alarm user or
authorized representative will be served an "Alarm Activation Report" indicating that the
activation was deemed to be the result of a malfunction, and requiring the alarm user or
authorized representative to return a completed "Affidavit of ServicelR.epair" within thirty
(30) days of said alarm activation which can verify to the satisfaction of the enforcement
official that the alarm system in question has actually been examined by an alarm
technician and that a bona fide attempt has been made to identify and correct any defect of
design, installation or operation of the alarm system which was identifiable as the cause of
the alarm malfunction. Failure to return an "Affidavit of ServicelR.epair" within said thirty
7
"
day period which is satisfactory to the enforcement official will result in a disconnection
per Section 112.28 or enforcement action in the event of a required Fire Alarm System per
F,S, 633,025(3).
Section 112.27 MULTIPLE ALARM MALFUNCTIONS OR FALSE ALARM~
DECLARED A PUBLIC NUISANCE: FEE CHARGES.
(A) It is hereby found and determined that the emission of more than
three (3) false alarms within a single registration period at the same premises is excessive
and constitutes a public nuisance,
(B) No fee shall be assessed for the first three (3) false alarms at the
same premises responded to by the Police Department or the Fire Department during each
registraûon period. Thereafter, the following fees shall be paid by the alarm user for each
false alarm responded to by the Police Department or the Fire Department at the same
premises during each registration period.
Number of False Alarms or Alarm Malfunctions f=
Fourth. . , . . . . , . , . . , , . , , . . . . . . . , , , . , . . , . , , , . " $ 50.00
Fifth , , , . . . . . . . . . . , , . . , , . , . . , . . . . . . . . , . . , . . . . , 100.00
Sixth . . . . . . . . , , . , . . . , . . , . . , . . , . , . . , . . , . . , . , , " 150.00
Seventh and above . , , , . . .. . , , . . , , . . . . . . . , . . .. . . .. 200.00 each
(C) Once a false alarm or alarm malfunction has been responded to by
the Police Department or the Fire Department, it shall be unlawful for the alarm panel to
be reset by the alarm user or authorized representative, until the authorization of the
enforcement official has been obtained,
(D) Should any fee assessed pursuant to this chapter remain unpaid in
excess of 120 days from the dâte the charge is billed, a collection fee in the amount of
eight percent (8%) of the outstanding balance shall be assessed and shall be payable by the
alarm user in addition to the original fee. The alarm user shall also be responsible for any
legal fees or costs incurred by the City ofDelray Beach in enforcement of this chapter,
Section 112.21 DISCONNECTION OF ALARM SYSTEM.
(A) Except for premises protected by a required operative alarm
system, either of the Police Department or Fire Department enforcement officials are
authorized to order the disconnecting or deactivation of any alarm system, by written
notice to the alarm user at the premises wherein an alarm system is installed, for any of the
following reasons:
(1) Failure to meet all requirements provided for in this chapter
within thirty (30) days of the charging of the fee; or
8
.
.
(2) Failure of the alarm user to provide a written "Affidavit of
ServicelRepair" required by this chapter; or
(3) A false alarm or alarm nialfunction at a premises for which a
fee is charged pursuant to this chapter is the result of the failure of the alarm user to take
corrective action to eliminate the cause of the false alarm; or
(4) The failure of a person notified pursuant to this chapter to
appear within thirty (30) minutes after being notified to respond, if such failure to timely
appear occurs four or more times within a registration period.
(B) The written notice to disconnect or deactivate shall be mailed to the
alann user, by certified mail, and shall specify the date on which the alarm user shall be
required to disconnect or deactivate the alarm system, which date shall be at least fifteen
(15) days following the date of mailing of the notice, The alarm user may appeal the order
of the enforcement official pursuant to Section 112.29,
Section 112.29 APPEAL
An alarm user to whom a notice to disconnect or deactivate an alarm
system was mailed, pursuant to Section 112.28, shall be entitled to appeal the order of the
enforcement official to the City Manager or his designee, An appeal must be in writing,
stating the reasons why the order to disconnect or deactivate should be withdrawn, and
shall be made within fifteen (15) days of the date of receipt of the notice to disconnect,
The City Manager or his designee shall review the facts and circumstances and shall
determine whether the alarm user has shown good cause why the order should be
withdrawn, The City Manager or his designee shall notify the alarm user of the decision in
writing. If the City Manager or his designee affirms the order to disconnect or deactivate
an alarm system, the alarm user shall have five (5) days following mailing of the written
decision of the City Manager or~his designee within which to comply with the order, The
appeal of an order to disconnect or deactivate shall suspend the effective date of the order
until the appeal has been acted upon by the City Manager or his designee,
Section 112.30 FAILURE TO DISCONNECT OR UNAUTHORIZED
RECONNECflON OF ALARM SYSTEM.
It shall be unlawful for any person to fail to disconnect or deactivate an
alarm system which has been ordered disconnected or deactivated pursuant to Section
112.28, including those situations in which the City Manager or his designee affinned the
order to disconnect or deactivate; and it shall be unlawful for any person to reconnect an
alarm system which has been disconnected or deactivated pursuant to the order of the
enforcement official, unless reconnection of the alarm system is authorized pursuant to
Section 112.31. Any person violating the provisions of this section shall be subject to
penalties provided for in Section 10.99, the penalty being cumulative to other
administrative remedies provided for in this chapter.
9
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Section 111.31 RECONNECI'ION OF ALARM SYSTEMS.
Any order to disconnect or deactivate an alarm system may be rescinded by
either the Police Department or Are Department enforcement official upon a finding by ,
said enforcement official that the alarm user has taken corrective action which it is
reasonable to conclude will remedy the cause of the false alarms or alarm malfunctions at
the premises. In making a request for such a rescission, the alarm user shall have the
burden to show what corrective action has been taken and that same is sufficient to
support a finding that the caúse of the false alarms or alarm malfunctions has been
remedied, The enforcement official shall have the right to inspect the alarm system and
test same prior to rescinding the order to disconnect or deactivate. Before any
reconnection of an alarm system, after the order to disconnect said system, a reconnection
fee of fifty dollars ($50.00) shall be assessed. The enforcement official shall not rescind an
order to disconnect or deactivate if the alarm user has failed to pay any fee charged
pursuant to this chapter, .
Section 111.31 NEWLY INSTALLED ALARM SYSTEMS.
The provisions of this chapter relative to false alarms shall not apply to any
newly installed alarm system for a period of sixty (60) days trom the date of the activation
of that alarm system, but shall apply trom and after the expiration of the initial sixty (60)
day period following activation. The time limit provided for in this section shall be
measured trom the date shown on the application for alarm registration required by
Section 112,21(BX5), The exemptions set forth in this section shall not apply to any
person who has failed to comply with Section 112.20.
ADMINISTRATION AND ENFORCEMENT
Section 111.50 NONCOMPI.TANCE WITH PROVISIONS.
In addition to the violations specifically set forth herein, any noncompliance
with the provisions of this chapter shall be decreed a violation of this chapter, punishable
as provided herein.
Section 111.51 ENFORCEMENT THROUGH CODE ENFORCEMENT BOARD.
The enforcement official may initiate action before the Code Enforcement
Board of the city to obtain compliance with this chapter and payment of service charges or
fees assessed by the city pursuant to the provisions of this chapter. The Code
Enforcement Board shall have the authority to place a lien against the premises served by
an alarm system in the amount of all assessed service charges and fees.
Section 111.51 ALARM SYSTEM OPERATIONS.
10
The City, its officers, employees and agents, shall not assume any duty or
responsibility for the installation, maintenance, operation, repair or effectiveness of any
privately owned a1ann system, those duties or responsibilities being solely those of the
alarm user. Additionally, it shall be the responsibility of the alarm user to silence an
activated alarm and thereafter reset same.
Section 112.53 LIMIT A TION OF LIABIL11Y.
The City, its offieers and agents shall not be under any obligation or duty to
an alarm user or to any other person hereunder by reason of this ordinance. The City
specifically disclaims liability for any damages which may be caused by failure to respond
to an alarm, Nothing herein shall be deemed to waive any immunities granted pursuant to
Section 768.28, Florida Statutes,
Section 111.54 REMEDIES TO BE CUMULATIVE.
The remedies of the city provided in this chapter shall be cumulative with
each other and other remedies existing according to law.
Section 2, That aJl 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 thereot: 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 January I, 1995 after
its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final reading
on this the day of . 1994.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
oIoaDor2
11
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01:.,
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£ITY DF DELRAY BEA£H
CITY AnORNEY'S OFFICE 200 NW 1st AVENUE . DELRAY BEACH, FLORIDA 33444
FACSIMILE 407/278·4755 Writer's Direct Line
DELRA Y BEACH (407) 243-7091
f l 0 . I D A
....... MEMORANDUM
AJl.America City
" 1111ATE: December 2, 1994
1993 TO: City Commission
FROM: Susan A. Ruby, City Attorney
SUBJECT: Ordinance No. 95-94 - Police and Fire Pension Plan
Modification
The police and fire pension plan is modified to cover the IRS
Code requirement encompassing the rollover and 20% withholding
rules from the Unemployment Compensation Act which added
Section 401{a){31) to the IRS Code.
This amendment does not specifically mention the benefits
limitations of Section 415 or the Distribution Rules of Section
401{a){9) of the IRS Code, because the pension ordinance
encompasses these sections by incorporating relevant sections
of the IRS Code.
S
Attachment
cc: David Harden, City Manager
Joseph Safford, Director of Finance
p~ 5r~
.5-0 on 1.;l/6 J CJt.j
@ Printed on Recycled Paper J~,D.
..
.
~ I ,
( )
ORDINANCE NO. 95-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 33, "POLICE
AND FIRE DEPARTMENTS", SUBHEADING "PENSIONS", OF THE
CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, BY CREATING A NEW SECTION 33.70, "DIRECT
TRANSFERS OF ELIGIBLE ROLLOVER CONTRIBUTIONS"¡
PROVIDING A SAVINGS CLAUSE¡ AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the U.S. Unemployment Compensation Amendments Act
of 1992 requires all qualified retirement plans, including
governmental plans, to adopt specific provisions regarding the
transfer of eligible rollover contributions effective January 1, 1993¡
and
WHEREAS, the City of Delray Beach desires to maintain the
qualified status of its employee retirement plans¡ and
WHEREAS, the plan actuary has determined that this amendment
will have no actuarial impact on the plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That a new Section 33.70, "Direct Transfers of
Eligible Rollover Contributions'·, is created to read as follows:
Sec. 33.70 Direct Transfers of Eliqible Rollover Contributions.
lAl General. This section applies to distributions made on
or after January 1. 1993. Notwithstandinq any provision of the system
to the contrary that would otherwise limit a distributee' s election
under this section. a distributee may elect. at the time and in the
manner prescribed by the board. to have any portion of an eliqible
rollover paid directly to an eliqible retirement plan specified by the
distributee in a direct rollover.
1JU Definitions.
..lll Eliqible rollover distribution. An eliqible
rollover distribution is any distribution of all or any portion of the
balance to the credit of the distributee. except that an elic¡ible
rollover distribution does not include: any distribution that is one
of a series of substantially equal periodic payments (not less
frequently than annually) made for life (or life expectancy) of the
distributee or the joint lives (or joint life expectancies) of the
distributee and the distributee's desiqnated beneficiary. or for a
specified period of ten (10) years or more: any distribution to the
extent such distribution is required under section 401(a)(9) of the
.
J ,
( )
Internal Revenue Code: and the portion of any distribution that is not
includable in qross income.
121 Eliqible retirement plan. An eliqible retirement
plan is an individual retirement account described in section 408(a)
of the Internal Revenue Code. an individual retirement annuity
described in section 408(b) of the Internal Revenue Code. an annuity
plan described in section 403(a) of the Internal Revenue Code. or a
qualified trust described in section 401 (a) of the Internal Revenue
Code. that accepts the distributee's eliqible rollover distribution.
However. in the case of an eliqible rollover distribution of the
survivinq spouse. an eliqible retirement plan is an individual
retirement account or individual retirement annuity.
.Lll Distributee. A distribuj:ee includes an employee
or former employee. In addition. the employee's or former employee's
survivinq spouse is a distributee with reqard to the interest of the
spouse.
.iil Direct rollover. A direct rollover is a payment
by the plan to the eliqible retirement plan specified by the
distributee.
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 this ordinance shall take effect on January
1, 1993.
PASSED AND ADOPTED in regular session on second and final
reading on this the 13th day of December , 1994.
%?~
ATTEST:
0wr/{}JJ~jil/~ 4,,*
City CI rk
First Reading December 6. 1994
Second Reading December 13, 1994
- 2 - Ord. No, 95-94
"
~
SUMMARY OF PROPOSED AMENDMEN'l' TO
POLICE/FIRE PENSION PLAN
(12/2//94)
Sec:. 33-70 (Direct: Transfers or Eligible Roll.over
Distributions) [New]--provides for direct rollover of pension plan
distributions into another eligible retirement plan, in compliance
with Unemployment Compensation Amendments Act of 1992. Basically,
this avoiàs the 20% withholding tax on pension plan distributions,
and permits a vested member to roll his city pension refund into
an IRA or other qualified pension plan upon leaving the city's
employ prior to retirement. As required by federal law, this
amendment is retroactive to January 1, 1993. There is no actuarial
cost associated with this change.
"
.
.
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~ ~1;,\i,ì~\~\1:\1\ ~\,\¥t~U~> \\\\%¡,t~n\~..\€!\h '5~ ~ ! 1M \h~ti
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·
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~
£ITY DF DELRAY BEA£H
CITY AnORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH. FLORIDA 33444
FACSIMILE 4071278·4755 Writer's Direct Line
DELRA Y BEACH (407) 243-7091
f l 0 . IDA
b.fIr.d MEMORANDUM
AlI-America CIty
" 1111ATE: December 2, 1994
1993 TO: City Commission
FROM: Susan A. Ruby, City Attorney
SUBJECT: Ordinance No. 96-94 - Modification to the General
Employees Pension Ordinance
The attached ordinance includes a modification requested by our
actuary to use blended rates (male and female) in the 1983 .... .-
Group Annuity Mortality Table to determine actuarial equivalent
amounts and to codify our existing policy of assuming a normal
form benefit in a single life annuity as the basis upon which
other options are calculated when a retiree chooses a
beneficiary other than a spouse. An actuarial impact statement
is not necessary for these changes.
In addition, the ordinance reflects Internal Revenue Code
provisions which are to be included in every qualified plan.
These provisions are benefit limitations of Section 415,
distribution rules of Section 401(a)(9) and rollover and 20%
withholding rules from the Unemployment Compensation Act which
~ection 401(a)(31) to the IRS Code.
Attachment
cc: David Harden, City Manager
Joseph Safford, Director of Finance
POAÔU:Q SI~ 5-0
on J Q.../ 6 I c¡ J..{
@ Printed on Recyçled Paper )~.E.
'.
I
, I
)
ORDINANCE NO. 96-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 35, II EMPLOYEE
POLICIES AND BENEFITS", II RETI REMENT PLANII, OF THE
CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, BY AMENDING SECTION 35.089, "DEFINITIONS",
TO CLARIFY THE DEFINITION OF "ACTUARIAL EQUIVALENCE";
AMENDING SECTION 35.097, "RETIREMENT INCOME; BASIS,
AMOUNT AND PAYMENT" , TO REFLECT THE NORMAL FORM OF
BENEFIT AS A SINGLE LIFE ANNUITY; CREATING A NEW
SUBSECTION 35.097(J), "MAXIMUM PENSION" ; CREATING A
NEW SUBSECTION 35.097(K), "COMMENCEMENT OF BENEFI'TS";
CREATING A NEW SUBSECTION 35.097(L), "DISTRIBUTION OF
BENEFITS" . CREATING A NEW SUBSECTION 35.097(M),
"
"DIRECT TRANSFER OF ELIGIBLE ROLLOVER CONTRIBUTIONS";
PROVIDING A SAVINGS CLAUSE; PROVIDING AN EFFECTIVE
DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 35.089, "Definitions", Subsection
(A) , -Actuarial Equivalence", is amended to read as follows:
(A) "Actuarial (actuarially) equivalence (equivalent)"
means equality in value of the aggregate amounts expected to be
received under different forms of payment. Actuarial equivalent
amounts under the plan will be determined utilizing the 1983 Group
Annuity Mortality Table. blended for males and females. with interest
at seven percent (7%), where the participant's age shall be set back
one year and the beneficiary's age shall be set back four years
regardless of gender. However, in the event of plan termination,
actuarial equivalence will be based upon the interest and mortality
assumptiòns prescribed by the Pension Benefit Guaranty Corporation for
plan terminations in effect on the actual date of plan termination.
Section 2. That Section 35.097, "Retirement Income; Basis,
Amount, and Payment", Subsection (A) , "Normal Retirement Income" , is
amended to read as follows:
(1) Amount of normal retirement income. The amount of
retirement income payable to a participant who retires on or after his
normal retirement date shall be an amount equal to two and one-half
percent (2.5%) of final monthly compensation multiplied by credited
service, expressed in years and tenths of a year, up to a maximum of
thirty (30) years. A participant who has attained the age of sixty
and retires with five (5) or more years of credited service, but less
than ten (10) years of credited service, shall be entitled to monthly
retirement income in an amount equal to two and one-half percent
(2.5%) of final monthly compensation multiplied by credited service
'I
, . 1
)
expressed in years and tenths of a year, multiplied by the
participant's vested percentage as set forth in Sec. 35.091. ~
normal form of benefit is a sinqle life annuity.
(2) Payment of normal retirement income. The monthly
retirement income payable in the event of normal retirement will be
payable on the first day of each month. The first payment will be
made effective on the participant's normal retirement date (or on the
first day of the month following actual retirement, if later), and
shall be continued thereafter during the participant's lifetime. Upon
the participant's death the same monthly benefit shall be continued to
his or her spouse for one year, and sixty percent (60%) of that amount
shall be continued to the spouse thereafter until the earlier of the
spouse's death or remarriage.
Section 3. That a new Subsection 35,097(J), II Maximum
Pension" , is created to read as follows:
.Lil Maximum Pension.
ill Basic Limitation. Subiect to the adiustments
hereinafter set forth. the maximum amount of annual retirement income
payable with respect to a member under this plan shall not exceed the
lesser of:
.úù. 890.000: or
.il2l one-hundred percent (100%) of the member's
averac¡e ac¡c¡reqate cOJT\pensation for the three consecutive calendar
years durinc¡ which he was an active member and had his hic¡hest
aqc¡rec¡ate compensation. IICompensa.tionll shall mean the member's total
annual remuneration paid or accrued for personal services rendered to
the City durinc¡ the Plan Year as reported on the member's W-2.
For puz:poses of applyinq the above limitation. benefits
payable in any form other than a straiqht life annuity with no
ancillary benefits shall be adjusted. as provided by Treasury
Rec¡ulations. so that such benefits are the actuarial equivalent of a
straiqht life annuity. For purposes of this section. the following
shall not be taken into account:
kl. any ancillary benefit which is not directly
related to retirement income benefits:
ldl any other benefit not required under section
415(b)(2) of the Internal Revenue Code and requlations thereunder to
be taken into account for purposes of the limitation of section
415(b)(1) of the Internal Revenue Code.
- 2 - Ord. No. 96-94
"
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ill Participation in Other Defined Benefit Plan. The
limitation of this section with respect to any member who at any time
has been a member in any other defined benefit plan (as defined in
section 414(j) of the Internal Revenue Code) maintained by the City
shall ap~ly as if the total benefits payable under all defined benefit
plans in which the member has been a member were payable f rom one
plan.
.ul. Adjustments in Limitations. In the event the
member's retirement benefits become payable before aqe sixty-two (62).
the 890.000 limitation prescribed by this section shall be reduced in
accordance with regulations issued by the Secretary of the Treasury
pursuant to the provisions of section 415(b) of the Internal Revenue
Code. but not less than 875.000.
In the event the member's retirement benefit
becomes payable before aqe fifty-five (55) . the 875.000 limitation
shall be reduced from age fifty-five (55) in accordance with
requlations issued by the Secretary of the Treasury pursuant to the
provisions of section 415(b) of the Internal Revenue Code. A member
with at least fifteen (15) years of credited service may not have the
benefit reduced below 850.000.
If the member's retirement benefit becomes payable
after aqe sixty-five (65) . for purposes of determininq whether this
benefit meets the limitation set forth in subsection (1) herein. such
benefit shall be adjusted so that it is actuarially made using an
assumed interest rate of five percent (5%) and shall be made in
accordance with the requlations promulqated by the Secretary of the
Treasury or his delegate.
ill Less than Ten Years of Service. The maximum
retirement benefits payable under this section to any member who has
completed less than ten (10) years of credited service with the City
shall be the amount determined under paragraph (A) of this section
multiplied by a fraction. the numerator of which is the number of the
member's years of credited service and the denominator of which is ten
( 10) .
in 810.000 Limit. Notwithstanding the foreqoinq. the
retirement benefit payable with respect to a member shall be deemed
not to exceed the limitations set forth in this section of the
benefits payable with respect to such member under this plan and under
all other ~alified defined benefit pension plans to which the City
contributes do not exceed 810.000 for the applicable plan year and for
any prior plan year and the City has not at any time maintained a
qualified defined contribution plan in which the member participated.
- 3 - Ord. No. 96-94
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~ Member in Defined Contribution Plan. In any case
where a member under this plan is also a member in a IIDefined
Contribution Plan" as defined in section 414(j) of the Internal
Revenue Code. maintained by the City, the sum of the IIDefined Benefit
Plan Fraction" and the IIDefined Contribution Plan Fraction" (both as
defitled in section 415(e) of the Internal Revenue Code) shall not.
subject to the restrictions and exceptions contained in section 2004
of the Employee Retirement Income Security Act of 1974, as amended.
exceed 1.0.
ill Reduction of Benefits. Reduction of benefits
and/or contributions to all plans. where required. shall be
accomplished by first reducing the member's benefit under any defined
benefit plans in which he participated. such reduction to be made
first with respect to the plan in which he most recently accrued
benefits and thereafter in such priority as shall be determined by the
Trustees of such other plans. and next. by reducinc¡ or allocatinc¡
excess forfeitures for defined contribution plans in which the member
participated. such reduction to be made first with respect to the plan
in which he most recently accrued benefits and thereafter in such
priority as shall be established by the Trustees for such other
provided. however. that necessary reductions may be made in a
different manner and priority pursuant to the ac¡reement of the
Trustees of all other plans covering such member.
~ Cost-of-Livinc¡ Adjustments. The limitations as
stated in subsections (1), (2). (3) and (6) herein shall be adjusted
to the time paymept of a benefit bec¡ins in accordance with any
cost-of-living adjustments prescribed by the Secretary of the Treasury
pursuant to section 415(d) of the Internal Revenue Code.
L2l Additional Limitation on Pension Benefits.
Notwithstanding anything herein to the contrary:
lAl The normal retirement benefit or pension
payable to a retiree who becomes a member of the plan and who has not
previously participated in such plan. on or after January 1. 1980.
shall not exceed 100 percent of his' average final compensation,
However. nothinq contained in this section shall apply to supplemental
retirement benefits or to pension increases attributable to
cost-of-living increases or adjustments.
- 4 - Ord. No. 96-94
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Lbl No member of the plan who is not now a member
of suoh plan shall be allowed to reoeive a retirement benefit or
pension which is in part or in whole based upon any servioe with
respeot to whioh the member is already reoeiving, or will reoeive in
the future. a retirement benefit or pens ion from another retirement
plan or system. 1his restriotion does not apply to sooial seourity
benefits or federal benefits under Chapter 67. Title 10. U.S. Code.
Section 4. That a new Subsection 35.097 (K), "Commencement
of Benefits", is created to read as follows:
iKl Commenoement of Benefits.
l1l Unless the member otherwise eleots. with such
eleotion being in writing and to the Trustees and speoifying the form
of retirement inoome and date on whioh the retirement inoome is to
commenoe. the payment benefits under the plan to the member shall
commenoe not later than the 60th day after the close of the plan year
in whioh the latest of the following events ooour:
iAl the attainment of the member of age 65:
Lbl the 10th anniversary of the date on whioh the
member commenoed partioipation in the plan: or
lQl the termination of the member's servioe with
the City.
1.2..l If the payment of a member' s retirement inoome
cannot begin on the date required under subseotion (1) of this section
beoause the Trustees either cannot asoertain the amount of the
member's retirement inoome or oannot looate the member after making
reasonable efforts to do so. th~ payment of the member's benefit shall
begin not later than sixty (60) days after the date on whioh the
amount can be asoertained or the member is looated. whiohever is
applicable. Any suoh payment shall be made retroaotive to a date
whioh 'is not earlier than the date on whioh the payment of the
member's benefit was scheduled to begin but which is not later than
the date specified under ~ubseotion (1) of this seotion.
Seotion 5. That a new Subseotion 35.097(L), "Distribution
of Benefits", is created to read as follows:
.u.l Distribution of Benefits. Notwithstanding any other
provision of this plan to the oontrary. a form of retirement inoome
payable from this plan after the effeotive date of this ordinanoe,
shall satisfy the following oonditions:
- 5 - Ord. No. 96-94
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.ill If any retirement income is payable before the
member's death:
1Al It shall either be distributed or commence to
the member not later than ~ril 1 of the calendar year following the
later of the calendar year in which the member attains aqe seventv and
one-half (70-1/2) years or the calendar year in which he retires.
.Lhl The distribution shall commence not later
than the calendar year defined in paragraph (A) above and (1) shall be
paid over the life of the member or over the lifetimes of the member
and his spouse. issue or dependent. or (2 ) shall be paid over the
period extending not beyond the life expectancy of the member and his
spouse. issue or dependent.
Where a form of retirement income payment has commenced
in accordance with the preced~ng paragraphs and the member dies before
his entire interest in the plan has been distributed. the remaining
portion of such interest in the plan shall be distributed no less
rapidly than under the form of distribution in effect at the time of
the member's death.
l.ll If the member's death occurs before the
distribution of his interest in the plan has commenced. his entire
interest in the plan shall be distributed within five years of his
death. unless it is to be distributed in accordance with the following
rules:
1Al The member's remaining interest in the plan
is payable to his spouse. issue or dependent:
.Lhl The remaining interest is to be distributed
over the life of the spouse. issue or dependent or over a period not
extending beyond the life expectancy of the spouse. issue or
de'gendent: and
ilù Such distribution begins wi thin one year of
the member's death unless the member's spouse, issue or dependent
shall receive the remaining interest in which case the distribution
need not begin before the date on which the member would have attained
age seventy and one-half (70-1/2) years. and if the spouse, issue or
dependent dies before the distribution to the spouse, issue or
dependent begins. this section shall be applied as if the spouse.
issue or dependent were the plan member.
- 6 - Ord. No. 96-94
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Section 6. That a new Subsection 35.097(M), "Direct
Transfers of Eligible Rollover Contributions", is created to read as
follows:
lMl Direct Transfers of Eligible Rollover Contributions.
1.ll General. This section applies to distributions
made on or after January 1. 1993. Notwithstanding- any provision of
the system to the contrary that would otherwise limit a distributee's
election under this section. a distributee may elect. at the time and
in the manner prescribed by the board. to have any portion of an
eligible rollover paid directly to an eligible retirement plan
specified by the distributee in a direct rollover.
ill Definitions.
iäl Eligible rollover distribution. An eligible
rollover distribution is any distribution of all or any portion of the
balance to the credit of the distributee. except that an eligible
rollover distribution does not include: any distribution that is one
of a series of substantially equal periodic payments (not less
frequently than annually) made for life (or life expectancy) of the
distributee or the ioint lives (or joint life expectanc ies) of the
distributee and the distributee' s designated beneficiary. or for a
specified period of ten (10) years or more: any distribution to the
extent such distribution is required under section 40 1 (a) (9) of the
Internal Revenue Code: and the portion of any distribution that is not
includable in qross income.
1.hl Eligible retirement plan. An eligible
retirement plan is an individual retirement account described in
section 408(a) of the Internal Revenue Code. an individual retirement
annuity described in section 408(b) of the Internal Revenue Code. an
annuity plan described in section 403(a) of the Internal Revenue Code,
or a qualified trust described in section 401 (a) of the Internal
Revenue Code. that accepts the distributee's eligible rollover
distribution. However. in the case of an elig-ible rollover
distribution of the surviving spouse. an elig-ible retirement plan is
an individual retirement account or individual retirement annuity,
L£l Distributee. A distributee includes an
employee or former employee. In addition. the employee's or former
employee's surviving spouse is a distributee with regard to the
interest of the spouse.
ldl Direct rollover. A direct rollover is a
pavment by the plan to the eligible retirement plan s~ecified by the
distributee.
- 7 - Ord. No, 96-94
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Section 7. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 8. That, except as otherwise provided in the
ordinance, this ordinance shall take effect upon adoption,
PASSED AND ADOPTED in regular session on second and final
reading on this the 13th day of Dece~~~
,. MAY
ATTEST:
O~Mn'flJJ./', &æv-!ln;iy
City C rk
First Reading December 6, 1994
Second Reading December 13, 1994
- 8 - Ord. No. 96-94
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SUMMARY OF PROPOSED AMENDMENT TO
GENERAL EMPLOYEES RETIREMENT PLAN
(12/2/194)
1. Sec. 35.089 (Definitions)--amends the definition of
"actuarial equivalence" to clarify that actuarial equivalent
amo~nts will be determined using the 1983 Group Annuity Mortality
Table, blended for males and females. This change was suggested
by the plan actuary, and codifies the current practice. There is
no actuarial cost associated with this change.
.
2. Sec. 35.097 (Normal Retirement)--adds a sentence to state
that the normal form of benefit is a single life annuity. This
change reflects the pension board's long-standing policy, and also
was requested by the actuary. There is no actuarial cost
associated with this change.
3. Sec. 35.097(J) (Maximum Pension)[New]--provides maximum
limits on pension benefits in compliance with Section 415 of the
Internal Revenue Code and Section 112.65, Florida statutes.
Generally limits pension benefits to a maximum of $90,000 at normal
retirement age or 100\ of average final compensation, whichever is
less. There is no actuarial cost associated with this change.
4. Sec. 35.097(1C) (Commencement of Benefits)[New)--provides
that benefits must commence within 60 days following the end of
the plan year in which the member attains age 65, attains 10 years
of service, or terminates City employment, whichever is latest.
This change is required by Section 401(a) of the Internal Revenue
Code. There is no actuarial cost associated with this change.
s. Sec. 35.097(L) (Distribution of Benefits) [NewJ--provides
that benefits must commence, notwithstanding any other provision
of the plan, not later than April 1 of the calendar year in w~ich
the member attains age 70 and one-half. This change is required
by Section 401(a)(9) of the Internal Revenue Code. There is no
actuarial cost associated with this change.
6. Sec:. 35.097(M) (Direct Transfers of Eliqible Rollover
Distributions)[New]--provides for direct rollover of pension plan
distributions into another eligible retirement plan, in compliance
with Unemployment Compensation Amendments Act of 1992. Basically,
this avoids the 20\ withholding tax on pension plan distributions,
and permits a vested member to roll his city pension refund into
an IRA or other qualified pension plan upon leaving the c1 ty I S
employ prior to retirement. As required by federal law, this
amendment is retroactive to January 1, 1993.
There is no actuarial cost associated with this change.
.
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tiELEN COOPERSMITH
1222D South Drive Way
Delray Bch, Fl. 33445
December 7, 1994
Thomas Lynch, Mayor
City of Delray' Beach
100 N.W. lst Ave.
Delray Beach, Fl. 33444
~
Dear Torn,
( , ,
When I carne forward to speak at the December 6th Comm~ss~on
meeting I was aware that the meeting was running late. Since
time was not on my side I was also aware of the fact that I
couldn't go into all the details regarding ANNEXATION and the
COUNTY POCKET situation.
Dare I go back to 1986 when Kathy Daly needed hands-on physical
help from concerned and knowledgeable citizens of our city to
promote and participate in getting the DELRAY ENCLAVE ACT approved
by our State Legislature? I could not take the time to mention
how we in PROD and many others worked - sitting in the Back Room-
(off the dias) getting. Post Cards out to the public (copy attaf:hed)
writing letters to the State Legislatures.
What I also did not have the time to mention is how many meetings
I attended - so many of them and so very "political"! Some of them
in a group and some on a one-to-one basis. Tom, if you want to see
the files which 1'·kept for "lo" these many years you are welcome
to them. Why, you ask? Because - and Tom - I would not say this
publicly - because of the "deals" that were cut to protect those
that did not want to come into our city. Read on~
.
Senator Childers, at a meeting at the Camino Real in Delray (I was
the re) stated that he would vote for the Delray Enclave Act· if we
do not include Kingsland. Tha t 's one~,' Another deal "was cut" .
relating to the SWAP SHOP on North Federal - with the then State
Senator Harry Johnston - the Swap Shop would not be part of the
Delray Enclave Act. Let's go a bit further as to Hardrives and
the Delr.,. co.auni ty Hospital. Tom, our city has a "water· èlàuse" - -
Le. ":Ii_ use our water and you are in the County you are
oDliga ,:""~ come' into our city when we annea". That clause was
"inadVØ',1.y-tt omitted .
Yes - it was all very political~ At that time - 1986 - and at the
risk of sounding immodest, it was I who called our City "A Swiss
Cheese City". The Miami Herald editorialized the issue and wrote
we are a "city with holes in it".
Piece-meal annexation negates the vision we have for our city. Whether
~t be East/west/North or South . I am not naive Tom, I am a
professional business person. You are talking Tax Base - I am thinking
Planning and Zoning . How can we plan our City? How can we anBex
in properties - residential vs. commercial especially in the
Western Sector haphazardly - developed or undeveloped?
~ zt---';tk {Yk I~/Iðl?¿/ ~
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,
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And dare we forget the "reserve area" west of the trail?
Holes? How can we fill those holes asthetically and put our city
~n "order" without having to comply with County regulations?
Tom, you might ask, why did I keep those files from 1986? Because
I knew that we would have a problem one day. I think it is time
we put more time as to WHAT we want in our city and WHERE we want
it. Delray Beach hds come a long way - in a short period of time -
"piece-meal" and "leap-frogging" is NOT THE WAY TO GO. If we are to
fill those '~pt¡ckets " let us fill them with what we envision for our
city whether it be commercial and/or residential, each in their
proper place our "tax base" will be sure to increase. Think on
it Tom.
Thank you for taking the time to read this. Oops - another thought-
how about a workshop to discuss all of the above with concerned
citizens? A workshop showing proposed Land Uses in Íorthcoming
annexations . Just a thought:
-.
Tom , This ~ s r'E, writing as a private citizen - ngt PROO ~~ again
asking you to "think on it".
Sincerely concerned,
/'frI~
Helen Coopersmith
cc: All City Commissioners
City Manager Bav±d Harden
enclosures: Post Cards
Nov. .4 , 1986 Proppsitions #207
I
PROGRESSIVE RESIDENTS OF DELRAY
WE URGE YOU TO GET OUT AND VOTE ON TUESDAY FOR THE
.
FOLLOWING PROPOSITIONS:
~
#161 VOTE NO - A Countywide Planning Council would ALLOW the County
Commission to APPOINT a board of l7 people who would
make decisions regarding LAND-USE in local municipal-
ities. We do not need APPOINTEES from other cities
dictate to us the needs and use.of OUR land in OUR
city.
#177 VOTE YES - "Initiative Requirement Proposal" changes the require-
ment of signatures'needed to place a charter amendment
on the ballot froÌn 10% to 7% of registered voters.
#184 VOTE NO - "Provide for the Prohibition of the members of Palm
Beach County Commission from interfering with employees
under supervision of County Administrator." The com-
missioners are ELECTED officials and the citizens have
the RIGHT to call those whom they elected to help with
a grievance.
#207 VOTE "FOR APPROVAL"
\ J ~ f"'I A ~ ~
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Jl'nR F'UR'T'HER INFORMATION CALL HELEN COOPERSMITH #498-2664 PRESIDENT OF 'PROD'
'f
Woldf As a concerned citizen of the City of Delray Beach and
living in the area _____ years, I am anxious to resolve the
enclave (pocket) problem. I live here and see some of the
problems these pockets present such as unsightly and unwanted
billboards, runaway commercial malls and large traffic problems.
If the City of Delray Beach was one unit we could furnish
potable water, fire and police protection and planning,
zoning for the entire area within the boundaries of the
City of Delray Beach.
I want a unified city Vote YES For Delray Enclave Act.
Very Truly Yours,
.
.. ................................
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER f/lt-(
SUBJECT: AGENDA ITEM i /JI. A· - MEETING OF DECEMBER 13. 1994
FIRST READING FOR ORDINANCE NO. 100-94/POST-DISASTER
RECONSTRUCTION OF RESIDENTIAL STRUCTURES
DATE: DECEMBER 9, 1994
This is first reading for Ordinance No. 100-94 which amends
Article 1.3, "Nonconforming Uses, Lots, and Structures", of the
Land Development Regulations to provide for the reconstruction of
nonconforming residential structures destroyed by catastrophe.
It allows a grace period of one year from the date the
catastrophe occurred within which applications for building
permits must be submitted in order to receive approval to rebuild
to pre-disaster heights and densities. All rebuilding must
comply with fire and building codes in effect at the time of
reconstruction and, to the greatest extent possible, with
applicable provisions of the Land Development Regulations.
This amendment came about as a result of recommendations made by
the Planning and Zoning Board's Nonconforming Uses Committee,
which was established at the request of the City Commission and
whose recommendations were subsequently endorsed by the
Commission. The applicable policies and objectives of the
Comprehensive Plan requiring amendment as a result were included
in Comprehensive Plan Amendment 94-2 which was adopted by the
City Commission on December 6, 1994.
The Planning and Zoning Board formally reviewed this item on
August 15, 1994, and voted unanimously to recommend approval of
the ordinance.
Recommend approval of Ordinance No. 100-94 on first reading. If
passed, a public hearing will be held on January 3, 1995.
10dd CJn i~ ~
ij-o
ref:agmemo12
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FAILED ON FIRST READING - 12/13/94
ORDINANCE NO. 100-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING ARTICLE 1. 3,
"NONCONFORMING USES, LOTS, AND STRUCTURES II , OF THE
LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY
BEACH, FLORIDA, BY AMENDING SECTION 1.3.4(B) AND
SECTION 1. 3.5 (C) , TO PROVIDE FOR AN EXCEPTION AS SET
FORTH IN SECTION 1.3.8; ENACTING A NEW SECTION 1. 3.8
TO PROVIDE FOR THE RECONSTRUCTION OF NONCONFORMING
RESIDENTIAL STRUCTURES DESTROYED BY CATASTROPHE;
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 wi th 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 One, "General Provisions", Article
1. 3, "Nonconforming Uses, Lots, and Structures II , Section 1.3.4,
II Nonconforming Structures II , Subsection 1.3.4(B) , of the Land
Development Regulations of the City of De1ray Beach, Florida, be, and
the same is hereby amended to read as follows:
(B) Except as provided in Section 1. 3.8. s~hould the
nonconforming structure be destroyed by any means to an extent
exceeding 50% of its replacement cost, ~ _\4¢~ structure shall ~
J'1øt be reconstructed ¢~¢ø¡St in conformance with the requirements for
the zoning district in which it is located.
Section 2. That Chapter One, "General Provisions", Article
1. 3, "Nonconforming Uses, Lots, and Structures II , Section 1.3.5,
"Nonconforming Uses of Structures and Land", Subsection 1.3.5(C), of
the Land Development Regulations of the City of Delray Beach, Florida,
be, and the same is hereby amended to read as follows:
(C) Except as provided in Section 1.3.8. s~hould the
structure involving a nonconforming use be destroyed by any means to
an extent exceeding 50% of its replacement cost, .tü _\4¢~ structure
shall ~ J'1øt be reconstructed ¢~¢¢¡St in conformance with both the
development and use requirements for the zoning district in which it
is located.
FAILED ON FIRST READING - 12/13/94
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FAILED ON FIRST READING - 12/13/94
Section 3. That Chapter One, "General Provisions", Article
1.3, -Nonconforming Uses, Lots, and Structures", of the Land
Development Regulations of the City of Delray Beach, Florida, be, and
the same is hereby amended by enacting a new Section 1.3.8 to read as
follows:
Section 1.3.8. In the event that a lawful nonconforming residential
structure· is damaged or destroyed by a catastrophic event such as
fire. flood. or storm. the owner shall be permitted to rebuild the
structure in accordance with the use and number of units permitted by
the certificate of occupancy in existence prior to the occurrence of
the catastrophe. Where necessary. in order to accommodate the same
number of units. such structures may be reconstructed to heights
previously established on building permit plans approved prior to the
occurrence of the catastrophe. All rebuilding shall comply with fire
and building codes in effect at the time of reconstruction. and shall
comply to the greatest extent possible with applicable provisions of
the Land Development Regulations. For the purposes of this section.
residential structures are structures that include permanent dwelling
units such as homes. townhomes. condominiums. and apartments. as well
as temporary dwellings such as hotel/motel rooms and resort dwelling
units.
In order to receive approval for rebuilding pursuant to this section.
applications for building permits must be submitted within one year of
the date on which the catastropije occurred. This section shall not
apply to structures which are damaged or destroyed by deliberate
action such as arson.
Section 4. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 5. 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 6. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1995.
ATTEST: MAY 0 R
City Clerk
First Reading
Second Reading
- 2 - Ord. No. 100-94
TAILED ON FIRST READING - 12/13/94
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: ~~ ~ ~y MANAGER
FROM: D ANE DOM! GUEZ, ~
DIRECTOR OF PLANNI &' ONING
SUBJECT: MEETING OF DECEMBER 13, 1994
LDR AMENDMENT ALLOWING A GRACE PERIOD FOR THE
POST-DISASTER RECONSTRUCTION OF RESIDENTIAL STRUCTURES
TO EXISTING DENSITIES AND HEIGHTS
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of an amendment to the Land Development
Regulations (LDRs) regarding the reconstruction of
nonconforming buildings.
The affected regulations are in LDR Section 1. 3,
Nonconforminq Uses, Lots, and Structures.
B A C K G R 0 U N D:
This amendment was initiated as a result of recommendations made
by the Planning and Zoning Board's Nonconforming Uses Committee.
Under current regulations, nonconforming structures that are
destroyed by 50% or more of their replacement cost can only be
rebuilt in accordance with current regulations. As the City has
effectively "downzoned" much of the City over the past decade or
so, many residential structures have densities and heights that
are in excess of what can be built under today's codes. If a
major disaster such as a hurricane were to strike the area, many
of those units could not be rebuilt. After studying the issue
at length, and the potential consequences of the loss of those
dwellings, the consensus of the committee was that nonconforming
residential structures that are destroyed by catastrophe should
be given a grace period within which they could rebuild to
pre-existing densities and heights.
Prior to amending the LDRs, policies and objectives of the
Comprehensive Plan had to be amended as well to allow for this
shift in direction. Those changes were included as part of
Comprehensive Plan Amendment 94-2, which was adopted by the City
Commission on December 6, 1994.
The attached Planning and Zoning Board staff report contains
additional information and analysis regarding the proposed
amendment.
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City Commission Documentation
LDR Amendment RE: Post-Disaster Reconstruction
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 unanimously to
recommend approval of the ordinance to the City Commission.
City Commission consideration of the amendment was deferred
pending adoption of the Comprehensive Plan amendments.
R E COM MEN D E D ACT ION:
By motion, approve the ordinance amending LDR Section 1. 3,
Nonconforminq Uses, Lots, and Structures, to allow for the
reconstruction of nonconforming residential structures destroyed
by catastrophe.
Attachment:
* Proposed LDR Amendment
* P&Z Staff Report & Documentation of August 15, 1994
* Ordinance by Others
T:CCPOST.DOC
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POST-DISASTER RECONSTRUCTION ORDINANCE
Amendments to the following provisions:
1.3.4 (B)
Except as provided in Section 1.3.8, sShould the nonconforming
structure be destroyed by any means to an extent exceeding 50%
of its replacement cost, the Ih4¢M structure shall only rl.ø! be
reconstructed téxtép! in conformance with the requirements for
the zoning district in which it is located.
1.3.5 (C)
Except as provided in Section 1.3.8, sShould the structure
involving a nonconforming use be destroyed by any means to an
extent exceeding 50% of its replacement cost, the ~~¢M structure
shall only rl.ø! be reconstructed téxtép! in conformance with both
the development and use requirements for the zoning district in
which it is located.
Addition of new section:
Section 1.3.8
In the event that a lawful nonconforming residential structure
is damaged or destroyed by a catastrophic event such as fire,
flood, or storm, the owner shall be permitted to rebuild the
structure in accordance with the use and number of units
permitted by the certificate of occupancy in existence prior to
the occurrence of the catastrophe. Where necessary, in order to
accommodate the same number of units , such structures may be
reconstructed to heights previously established on building
permit plans approved prior to the occurrence of the
catastrophe. All rebuilding shall comply with fire and building
codes in effect at the time of reconstruction, and shall comply
to the greatest extent possible with applicable provisions of
the Land Development Regulations. For the purposes of this
section, residential structures are structures that include
permanent dwelling units such as homes, townhomes, condominiums,
and apartments, as well as temporary dwellings such as
hotel/motel rooms and resort dwelling units.
In order to receive approval for rebuilding pursuant to this
section, applications for building permits must be submitted
within one year of the date on which the catastrophe occurred.
This section shall not apply to structures which are damaged or
destroyed by deliberate action such as arson.
TaRECONAMD.DOC
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PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
MEETING OF: AUGUST 15, 1994
. AGENDA ITEM: V. F. LDR AMENDMENT ALLOWING A GRACE PERIOD FOR
THE POST-DISASTER RECONSTRUCTION OF RESIDENTIAL
STRUCTURES TO EXISTING DENSITIES AND HEIGHTS
ITEM BEFORE THE BOARD:
The item before the Board is that of making a
recommendation to the City Commission on an amendment to
LDR Section 1.3, Nonconforming Uses, Lots, and Structures.
BACKGROUND:
This amendment was brought about as a result of recommendations
that were made by the Planning and Zoning Board's Nonconforming
Uses Committee, and endorsed by the City Commission. At the
request of the Commission, the committee was established to
examine the issue of post-disaster reconstruction as related to
non-conforming structures, particularly residential structures
that exceed current maximum allowable densities and heights.
The committee studied the extent of nonconformities throughout
the City, and examined ordinances adopted by other cities to
provide relief to prohibitions against rebuilding nonconforming
structures that are severely damaged or destroyed. At the City
Commission workshop meeting of March 15, 1994, the committee
presented its recommendations to the Commission. One of those
recommendations was that a text amendment be adopted which would
provide a grace period for lawful nonconforming residential
structures that are damaged or destroyed by catastrophe. Those
structures could rebuild to their previous heights and densities
provided that building permit applications were submitted within
one year of the date of the catastrophe.
The Commission responded favorably to the recommendation, but
asked the Board to also consider the inclusion of nonconforming
nonresidential uses. The committee discussed this suggestion,
but declined to include nonresidential uses and structures in
the recommended ordinance. The consensus is that , I most
nonconforming uses are undesirable in their established
locations, and that once destroyed, should not be permitted to
become re-established.
At its meeting of August 2, 1994, the City Commission voted
unanimously to transmit Comprehensive Plan amendment 94-2 to
the state Department of Community Affairs. That amendment
contained changes to the Future Land Use and Coastal Management
Elements that would. allow the rebuilding of nonconforming
V.F.
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P , Z Staff Report
LDR Amendment Re: Post-Disaster Reconstruction
Page 2
residential structures as contemplated in the attached
ordinance. Final adoption of the LDR amendment will be pending
DCA's approval of those changes.
. Additional background on this, subject (P , Z staff report of
February 14, 1994, and City Commission workshop documentation of
March 15, 1994) is available upon request.
ANALYSIS:
The proposed amendment incorporates the changes recommended by
the committee and previously endorsed by both the Planning and
Zoning Board and the City Commission. It modifies the
prohibitions against the rebuilding of nonconforming structures
by allowing for the reconstruction of residential buildings to
pre-disaster heights and densities", Residential buildings are
defined to include both permanent living units and temporary
dwellings such as hotels and motels. Reconstruction must be in
accordance with current fire and building safety codes.
The ordinance addresses some of the potential economic and
social repercussions of the existing regulations regarding the
rebuilding of nonconforming structures. It will allow for some
flexibility during a period that is certain to be extremely
difficult, and will help to prevent a long-term loss of housing
and tourist accommodations that could have a devastating effect
on the local economy.
RECOMMENDED ACTION:
By motion, recommend adoption of the attached amendments to
Section 1.3. of the Land Development Regulations, Nonconfo~inq
Uses, Lots, and Structures.
Attachments:
· Proposed LDR amendment
Report prepared by: Diane Dominguez
TIPZRCAMD.DQC
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