09-28-93 Regular
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. CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION REGULAR MEETING 'I
SEPTEMBER 28. 1993 - 6:00 P.M./PUBLIC HEARING 7:00 P.M.
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COMMISSION CHAMBERS
1993
The City shall furnish appropriate auxiliary aids and services where
necessary to afford an individual with a disability an equal
opportunity to participate in and enjoy the benefits of a service,
program, or activity conducted 'by the City. Please contact Doug
Randolph, (407) 243-7127, at least twenty-four (24) hours prior to the
program or activity in order for the City to reasonably accommodate
your request.
RULES FOR PUBLIC PARTICIPATION
1. PUBLIC COMMENT: The public is encouraged to offer comments
with the order of presentation being as follows: City Staff, public
comments, Commission discussion and official action. City Commission
meetings are business meetings and the right to limit discussion
rests with the Commission. Generally, 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 members present.
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City Commission ,
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9/28/93
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 per$ons 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 does not provide or prepare such record.
AGENDA
1. Roll Call.
2. Invocation.
3. Pledge of Allegiance to the Flag.
4. Agenda approval.
Action: Motion to approve.
5. Approval of Minutes:
Special Meeting of September 7, 1993
Regular Meeting of September 14, 1993
6. Proclamations:
A. Constitution Week - September 17, 1993 through September 23,
1993
B. Red Ribbon Week - October 23, 1993 through October 30, 1993
C. SWOOPE (Students Watching Over Our Planet Earth) Awareness
Month - October 1993
D. National Physical Therapy Month - October 1993
E. Heritage Month - October 1993
7. Presentations:
A. Government Finance Officers Association - Award of Financial
Reporting Achievement - Milena L. Walinski, Assistant Finance
Director.
8. Consent Agenda: City Manager recommends approval.
A. RESOLUTION NO. 84-93: A resolution recognizing and
commending James H. "Gunny" Thornton for 20 years of dedicated
service to the City of Delray Beach.
B. RESOLUTION NO. 47-93/AGREEMENT WITH METROPOLITAN PLANNING
ORGANIZATION: A resolution authorizing the execution of an
interlocal agreement by and between the local member entities as
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Regular Meeting
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named therein and the Florida Department of Transportation, for
the purpose of creating and establishing a Metropolitan Planning
Organization for the West Palm Beach urban study area.
C. RESOLUTION NO. 86-93: A resolution recognizing City
Government Week, October 3 through October 9, 1993, and
encouraging all citizens to support the celebration and
corresponding activities.
D. RESOLUTION NO. 95-93: A resolution encouraging the Florida
Legislature, the Cabinet and the appropriate State Agencies and
Departments to take steps to limit and reduce the cost increases
of Workers' Compensation Insurance coverage.
E. MODIFICATION NO. 3 TO THE AGREEMENT WITH PEROXIDATION
SYSTEMS. INC. : Approve a modification to the contract with
Peroxidation Systems, Inc. which extends the agreement for a six
(6 ) month period from September 30, 1993 until March 31, 1994; in
the amount of $13,333 per month, with funding from Water and
Sewer Chemicals (Account No. 441-5144-536-52.21).
F. CONTRACT FOR LEGISLATIVE LOBBYING SERVICES: Approve the
contract for legislative lobbying services with Kathleen Daley
and Associates, Inc. for the period October 1, 1993 through
September 30, 1994, in the amount $52,800 with funding from City
Commission "- Other Contractual Services (Account No.
001-1111-511-34.90).
G. ADDENDUM NO. 4 TO THE LEASE AGREEMENT WITH BUCKY DENT
BASEBALL SCHOOL: Consider an addendum to the agreement with
Bucky Dent Baseball School which provides for new
responsibilities and obligations regarding maintenance of the
fields at Miller Park, and the construction of a major league
baseball field and multi-purpose auxiliary field at Miller Park.
H. APPROVAL OF TEMPORARY USE PERMIT/ANNUAL SIDEWALK SALE:
Approve a temporary use permit for the Atlantic Avenue
Association in conjunction with the Annual Sidewalk Sale to be
held along Atlantic Avenue between I-95 and A-1-A on October 29
and 30, 1993.
1. APPROVAL OF TEMPORARY USE PERMIT/ART AND JAZZ ON THE AVENUE:
Approve a temporary use permit for the Downtown Joint Venture to
allow vendors to utilize public sidewalks and Veterans Park on
October 28, 1993, for Art and Jazz on the Avenue.
J. SPECIAL EVENT PERMIT AND APPROVAL OF NONEXCLUSIVE LICENSE
CONTRACT: Approve a Sister Cities sponsored Kite Festival to be
held on October 9, 1993 from 1:00 P.M. to 4:00 P.M. on the
Municipal Beach and enter into a nonexclusive license contract
with Brighton Kite Company which allows them to sell kites from
the beach pavilion during,the Festival.
K. APPROVAL OF COLLECTIVE BARGAINING AGREEMENT/POLICE BENEVOLENT
ASSOCIATION: Ratify the collective bargaining agreement with the
Police Lieutenants as represented by the Police Benevolent
Association.
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L. AUTHORIZATION TO SUBMIT GRANT APPLICATION/FLORIDA RECREATION
DEVELOPMENT ASSISTANCE PROGRAM: Authorize staff to submit a
grant application to the Florida Recreation Development
Assistance Program, for funding in the amount of $100,000 to be
used to replace the muni9ipal swimming poo I , bathhouse and
restrooms at Pompey Park.
M. GRANTING OF EASEMENT: Grant a 12 foot utility easement along
the south boundary of the Delray Beach Municipal Golf Course
extending approximately 130 feet eastward from Homewood Boulevard
to Florida Power and Light in order to provide electrical service
to the raw water wells proposed at the corner of Homewood and
Lowson Boulevards.
N. ACCEPTANCE OF AN EASEMENT DEED: Accept an easement deed from
the property owners at 1002 Lewis Cove in conjunction with the
installation and maintenance of a storm drainage system which
runs along the north six feet of their property.
O. APPROVAL OF HOLD HARMLESS AGREEMENT: Approve a hold harmless
agreement from the property owners at 1028 West Atlantic Avenue
to permit the installation of a grease trap in the City's
right-of-way.
P. SETTLEMENT OF NUISANCE ABATEMENT LIENS/1205-1295 S.W. 4TH
AVENUE: Reject an offer in the amount of $200 to settle
nuisance abatement liens on property located at 1205-1295 S.W.
4th Avenue in the amount of $534.38 and authorize staff to make a
counter offer in the amount of $267.19.
Q. SETTLEMENT OFFER: Accept an offer of settlement in the
Graham/White vs the City of Delray Beach.
R. EMPLOYEE SUGGESTION PROGRAM: Approve the Administrative
Policy which establishes the Employee Suggestion Program.
S. CHANGE ORDER NO. 1 AND REOUEST FOR FINAL PAYMENT/ASPHALT
CONSTRUCTION OF PALM BEACH. INC: Approve a change order in the
amount of $218.75 to the contract with Asphalt Construction of
Palm Beach, Inc. for final as-built plus/minus adjustments for
the Cemetery Road project and approve the request for final
payment in the amount of $731.15; with funding from 1987 Utility
Tax - Cemetery Entrance Road (Account No. 333-4511-539-61.39).
T. CHANGE ORDER NO. 2 AND REOUEST FOR FINAL PAYMENT/ASPHALT
CONSTRUCTION OF PALM BEACH. INC. : Approve a deduct change order
in the amount of -$6,343.35 to the contract with Asphalt
Construction of Palm Beach, Inc. for final as-built plus/minus
adjustments to the S.D. Spady Access Road and Lake Ida Retention
Area projects; and the request for final payment in the amount of
$5,801.72; with funding from Stormwater Utility Fund - Northwest
Drainage (Account No. 448-5411-538-62.11).
U. RESOLUTION NO. 88-93: A resolution assessing the costs for
abatement action necessary to demolish an unsafe structure on
property located at 34 N.W. 3rd Avenue.
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V. RESOLUTION NO. 89-93: A resolution assessing the costs for
abatement action necessary to demolish an unsafe structure on
property located at 415 N.W. 2nd Street.
W. RESOLUTION NO. 90-93: A resolution assessing the costs for
abatement action necessary to remove nuisances from four (4)
properties located within the City.
X. COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENTS:
Approve agreements which provide for the distribution of
Communi ty Development Block Grant Funding with MAD DADS, South
County Boys and Girls Club and the Community Child Care Center.
Y. COMMUNITY REDEVELOPMENT AGENCY SUBSIDIZED LOAN AGREEMENT:
Approve subsidized loan agreements with the Community
Redevelopment Agency and Banyon, Amtrust, Equity and Barnett
Banks for participation in the CRA's interest free loan program.
Z. CORRECTION OF FUNDING SOURCE - CHANGE ORDER NO. 3/DUTCH
CONSTRUCTION COMPANY: Correct the funding source approved at the
August 24, 1993 regular meeting for Change Order No. 3 to the
contract with Dutch Construction Company in the amount of
$10,210.71 from 1992 Bond Anticipation Note - Veterans Park
Redevelopment (Account No. 227-4126-572-61.63) to Decade of
Excellence Bond Issue - Veterans Park Redevelopment (Account No.
225-4126-572-61.63).
AA. AWARD OF BIDS AND CONTRACTS:
1. Workstations and Furniture - Fire Station Headquarters - J,C.
White Office Products (Groups 1, 3, and 4) in the amount of
$30,799.70 and Joyce Office Products (Group 2 in the amount of
$1,986.50); with funding from 1992 Bond Anticipation Note -
Central Fire Station (Account No. 227-2311-522-61.56).
2. Chemicals and Fertilizers - Annual Contract - Various vendors
in the estimated annual amount of $132,589.81 with funding from
Gardening Supplies (Various Departmental Account Nos.
XXX-XXXX-XXX-52.26).
3. Gas and Diesel Fuel - Garage - Various Vendors (via Palm
Beach County Co-op bid) in the estimated annual amount of
$171,463.38 with funding from Garage Inventory - Fuel (Account
No. 501-3311-591-52.51).
4. Scott paks (16) - Highland Beach Fire Facility - Safety
Equipment Company in the amount of $27,152 with funding from
Highland Beach - Other Machinery (Account No.
115-2313-522-64.90).
9. Regular Agenda:
A. REVIEW OF APPEALABLE LAND DEVELOPMENT ACTIONS OF VARIOUS
BOARDS: Consider accepting the actions and decisions made by the
Planning and Zoning Board, Site Plan Review and Appearance Board
and the Historic Preservation Board during the period September
13, 1993 through September 24, 1993.
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City Commission
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B. REOUEST FOR CONDITIONAL USE MODIFICATION: Consider a request
for conditional use modification from Sutton Chapel Church of God
in Christ located at the southeast corner of S.W. 4th Avenue and
S.W. 2nd Street, associated with the expansion of their parking
area. Planning and Zoning Board recommends approval.
C. MODIFICATION OF LANDSCAPE SCHEDULE AGREEMENT/LAKE IDA CHURCH
OF CHRIST: Consider amending the Landscape Installation Schedule
contained in the agreement with Lake Ida Church of Christ. City
Manager recommends approval.
D. REOUEST FOR WAIVER OF LANDSCAPE REOUIREMENTS/CHECKERS:
Consider a request from Checkers located at the southwest corner
of West Atlantic Avenue and S.W. 5th Avenue for a waiver of Land
Development Regulation Section 4.6.16 (H)(3)(d). Site Plan
Review and Appearance Board recommends approval.
E. SWINTON AVENUE BEAUTIFICATION PROJECT: Consider the plans
and budget for the Swinton Avenue Beautification project.
F. REOUEST FOR CONDITIONAL USE APPROVAL: Consider a request for
conditional use approval to establish a monument and ornamental
stone cutting operation in the MIC (Mixed Industrial Commercial)
zone district at a site located north of N.W. 1st Street, between
the CSX Railroad and N.W. 18th Avenue. Planning and Zoning Board
recommends approval, subject to conditions.
G. PARKING MANAGEMENT TEAM REPORT: Consider the report from the
Parking Management Team with respect to in-lieu of fees and
parking regulations in the CBD (Central Business District) zone
district.
H. STATUS REPORT LAKE IDA ROAD IMPROVEMENT PROJECT: Receive and
file the status report on the Lake Ida Road Improvements.
I. CHANGE ORDER NO. 1/CHAZ EOUIPMENT COMPANY. INC.: Consider a
change order in the amount of $76,667.70 to the contract with
Chaz Equipment Company, Inc. for drainage revisions on Lowery
Street and Basin Drive; additional curbing on S.E. 5th Street;
and to lower the depth of the storm drainage system of Salina
Avenue. City Manager recommends approval.
J. PRELIMINARY OFFICIAL STATEMENT /DECADE OF EXCELLENCE BOND
ISSUE PHASE II: Authorize the Mayor or his designee to deem the
Preliminary Official Statement final as recommended by staff and
bond counsel and to do all things necessary in conjunction with
the second issue of Decade of Excellence General Obligation
Bonds.
K. THIS ITEM WAS REMOVED.
L. SERVICE AUTHORIZATION NO. 5/DAVID MILLER AND ASSOCIATES:
Consider a service authorization in the amount of $1,000 for
architectural services to prepare preliminary site and floor
plans for Fire Station No.3; with .funding from Decade of
Excellence Bond Issue Phase 2 - Fire Station No. 3 (Account No.
228-2311-522-61.59). City Manager recommends approval.
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M. SERVICE AUTHORIZATION NO. 6/DAVID MILLER AND ASSOCIATES:
Consider a service authorization in the amount of $800 for
architectural services to prepare preliminary site and floor
plans for Fire Station No. 4 . with funding from Decade of
,
Excellence Bond Issue Phase 2 - Fires Staton No. 4 (Account No.
228-2311-522-61.60). City Manager recommends approval.
N. APPOINTMENT TO THE PUBLIC EMPLOYEES RELATIONS COMMISSION:
Appoint a member to fill the managerial representative position
of the Public Employees Relations Commission created by the
resignation of Leonard Syrop to a term ending January 29, 1994.
O. RESOLUTION NO. 91-93: A resolution authorizing the issuance
of not exceeding $10,000,000 Decade of Excellence General
Obligation Refunding Bonds, Series 1993B. City Manager
recommends approval.
10. Public Hearings:
A. RESOLUTION NO. 92-93: A resolution to levy a tax on all
properties within the City of Delray Beach. City Manager
recommends approval.
B. RESOLUTION NO. 93-93: A resolution to levy a tax on all
properties within the Downtown Development Authority Taxing
District. City Manager recommends approval.
C. RESOLUTION NO. 94-93: A resolution making appropriations of
sums of money for all necessary expenditures of the City from
October 1, 1993 to September 30, 1994. City Manager recommends
approval.
1. APPROVAL OF FIVE YEAR CAPITAL IMPROVEMENT PROGRAM:
Approve the 5-Year Capital Improvement Program for Fiscal
Years 1993/94 through 1997/98.
D. ORDINANCE NO. 52-93: An ordinance adopting Plan Amendment
93-1. Planning and Zoning Board recommends approval, subject to
conditions.
E. ORDINANCE NO. 55-93: An ordinance amending Chapter 52,
"Water" of 'the Code of Ordinances to provide for miscellaneous
text revisions, increasing water deposits for tenants, changing
water rate structure to an inverted block schedule, and adding
fees for various services. City Manager recommends approval.
F. ORDINANCE NO. 56-93: An ordinance amending Chapter 54
"Sewers" of the Code of Ordinances to clarify the monthly
customer charges where no water service is provided and to
clarify the collection method of sewer service charges. City
Manager recommends approval.
G. ORDINANCE NO. 57-93: An ordinance amending Chapter 51,
"Garbage and Trash" of the Code of Ordinances to provide for an
increase in the rates for garbage, trash, recycling and separate
vegetation collection services and to provide charges for
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commercial 90-gallon cart service. City Manager recommends
approval.
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. 51-93: An ordinance amending the Land
Development Regulations by amending the CBD (Central Business
District) Zone District to allow car washes as a conditional use.
If passed public hearing October 20th.
B. ORDINANCE NO. 59-93: An ordinance a~ending the Land
Development Regulations by amending Section 4.3.3, , "Special
Requirements for Specific Uses", by deleting Subsection (S) ,
"Junkyards", in its entirety; by amending Section 4.4.20,
"Industrial (I) District", by deleteing reference to Section
4.3.3 (S) . Planning and Zoning Board recommends approval. If
passed public hearing October 12th.
C. ORDINANCE NO. 60-93: An ordinance amending the Land
Development Regulations by amending Section 4.6.6, "Commercial
and Industrial Uses to Operate Within A Building", to provide for
the consolidation of regulations regarding allowable outside uses
and outside storage; amending Section 4.4.19, "Mixed Industrial
and Commerical (MIC) District, Section 4.4.20, "Industrial ( I )
District", Section 4.4.21, "Community Facilities (CF) District,
and Section 4.4.25, "Special Activities District (SAD), all to
provide for uniform application of regulations regarding
allowable outside uses. Planning and Zoning Board recommends
approval. If passed public hearing October 12th.
13. Comments and Inquiries on Non-Agenda Items:
A. Commission
B. City Attorney
C. City Manager
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CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION
REGULAR MEETING - SEPTEMBER 28. 1993 - 6:00 P.M.
PUBLIC HEARINGS - 7:00 P.M.
COMMISSION CHAMBERS
AGENDA ADDENDUM
THE CONSENT AGENDA IS AMENDED TO CORRECT:
Y. COMMUNITY REDEVELOPMENT AGENCY SUBSIDIZED LOAN AGREEMENT:
Approve subsidized loan agreements with the Community
Redevelopment Agency and Banyon, ~~tt~~t, and Equity ~~~ ~~t~l!tt
Banks for participation in the CRA's interest free loan program.
THE REGULAR AGENDA IS AMENDED TO INCLUDE:
K. 1993 DECADE OF EXCELLENCE BOND ISSUE: Approve services in
conjunction with the 1993 Decade of Excellence Bond Issue: First
Union Bank as Paying Agent/Registrar in the amount of $9,932i
Allied Printing, Inc. as printer in the amount of $3,296i BDO
Seidman as Verification Agent in the amount of $2,100i and Mudge,
Rose, Guthrie, Alexander and Ferdon as Bond Counsel.
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[ITY DF DELIAY BEA[H
100 NW, 1st AVENUE DELRAY BEACH, FLORIDA 33444 -11)7 :.'..13- 7rJOQ
PROCLAMA TION
WHEREAS, our Founding Fathers, in order to secure
the blessings of liberty for themselves and their posterity,
did ordain and establish a Constitution for the United
States of America; and,
WHEREAS, it is of the greatest importance that all
citizens fully understand the provisions and principles
contained in the Constitution in order to support, preserve,
and defend it against all encroachment; and,
WHEREAS, the two hundred sixth anniversary of the
Signing of the Constitution provides an historic opportunity
for all Amercians to realize the achievements of Framers of
the Constitution and the rights, privileges and
responsibilities it affords; and,
WHEREAS, the independence guaranteed to American
citizens, whether by birth or naturalization, should be
celebrated by appropriate ceremonies and activities during
Constitution Week, September 17 through September 23, 1993,
as designated by proclamation of the President of the United
States of America in accordance with Public Law 915.
NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the
City of Delray Beach, Florida, on behalf of the City
Commission do hereby proclaim the week of September 17
through September 23, 1993 as
CONSTITUTION WEEK
in the city of Delray Beach, Florida, and urge all our
citizens to reflect on the many benefits of our Federal
Constitution and American citizenship.
IN WITNESS WHEREOF, I have hereunto set my hand
and caused the Official Seal of the City of Delray Beach,
Florida, to be affixed thie 28th day ~~__
, M A 0 R
THO E. LYNCH
SEAL
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[ITY DF DELIAY BEAEH
100 NW, 1st AVENUE DELRAY BEACH, FLORIDA 33444 407,243- 7000
PROCLAMATION
WHEREAS, drug abuse in Florida has reached
epidemic stages, and the 15~24 year old group is dying at a
faster rate than any other age group; and,
WHEREAS, it is imperative that a united effort of
community members be launched to reduce the demand for
drug s ; and,
WHEREAS, drug availability has increased to a
point where no community, home or school is immune from the
problem. Recent reports show that alcohol and drugs were
associated with: 80% of men arrested for crime, 49% of'
murders, 50% of traffic fatalities, 52% of rapes and 62% of
assaults; and,
WHEREAS, business, government, law enforcement,
schools, religious institutions, service organizations,
youth, physicians, senior citizens, military, sports teams
and individuals will demonstrate their commitment to
drug-free, healthy lifestyles by wearing and displaying red
ribbons during this week-long campaign; and,
WHEREAS, the community of Delray Beach, Florida,
further commits its resources to ensure the success of the
Red Ribbon Campaign.
NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the
City of Delray Beach, Florida, on behalf of the City
Commission do hereby proclaim the week of October 23, 1993,
as
RED RIBBON WEEK
in the City of Delray Beach, Florida, and encourage its
citizens to participate in drug prevention education
activities, making a visible statement that we are strongly
committed to a drug free community. I further encourage all
citizens to pledge: "No use of illegal drugs and no illegal
use of legal drugs".
IN WITNESS WHEREOF, I have hereunto set my hand
and caused the Official Seal of the City of Delray Beach,
Florida, to be affixed this 28th day of September, 1993,
MAY 0 R
THOMAS E. LYNCH
SEAL
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[ITY DF DElAAY BEAEH
100 NW. 1;t AVENUE DELRAY BEACH. FLORIDA 33444 407 ':'43, 7000
PROCLAMA TION
WHEREAS, environmental issues are increasingly of
concern to our citizens and education, especially of our
children, is a critical step in protecting the environment.
To that end, Congress passed the national Environmental
Education Act in 1990, which mandated that the United States
Environmental Protection Agency establish an Office of
Environmental Educationi and,
WHEREAS, SWOOPE, Students Watching Over Our Planet
Earth, is an environmental science-education program for
students K-12. It is a partnership between the United
States Environmental Protection Agency and The United States
Department of EnergYi and,
WHEREAS, Delray Beach, recognizes SWOOPE for its
innovative approach to education and its ability to excite
students about science, teach them about the environment and
raise the general scientific and environmental literacy of
families and communities; and,
WHEREAS, Delray Beach, recognizes Chicken of the
Sea for its leadership in sponsoring and promoting SWOOPE,
so that it can be incorporated into school curriculums
nationwide, through the "Name the Mermaid and Help Save Our
Waterways" Campaign.
NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the
City of Delray Beach, Florida, on behalf of the City
Commission, and in conjunction with SWOOPE's national
campaign kick-off, do hereby proclaim October 1993, as
SWOOPE
(STUDENTS WATCHING OVER OUR PLANET EARTH)
AWARENESS MONTH
in Delray Beach, and urge that all citizens - individuals
and companies alike, become interested in educating
themselves about the environment and ways of saving it
through the information and educational programs available,
thus ensuring a brighter future for our children and the
generations to come.
IN WITNESS WHEREOF, I have hereunto set my hand
and caused the Official Seal of the City of Delray Beach,
Florida, to be affixed this 28th day of September, 1993.
MAY 0 R
THOMAS E. LYNCH
SEAL
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[ITY DF DELAA' IEAEN
100 NW, 1st AVENUE DELRAY BEACH, FLORIDA 33444 ~07 2~37Q()'J
PROCLAil1A TION
WHEREAS, the American Physical Therapy Association
is observing a national physical therapy month entitled
"Physical Therapy for all Ages" and in obs,ervation of the
month is calling special attention to the contribution of
physical therapy toward improving the quality of life for
disabled and able-bodied Americans of all ages; and,
WHEREAS, the goals of the Florida Chapter of the
American Physical Therapy Association are to achieve better
lives for our disabled citizens and to promote preventive
measures to keep healthy citizens whole through improvement
of education, practice and research; and,
WHEREAS, the FloFida Chapter of the American
Physical Therapy Association plays an integral role in the
continued efforts to assist disabled citizens and hold
steadfastly to its commitment to secure better health for
all our citizens.
NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the
City of Delray Beach, Flor~da, on behalf of the City
Commission do hereby proclaim October, 1993 as
NATIONAL PHYSICAL THERAPY MONTH
in Delray Beach, Florida, and urge all our citizens to
support the Physical Therapy Profession in its efforts to
secure better health care for all our citizens.
IN WITNESS WHEREOF, I have hereunto set my hand
and caused the Official Seal of the City of Delray Beach,
Florida, to be affixed this 28th day of September, 1993.
MAY 0 R
THOMAS E. LYNCH
SEAL
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[ITY DF DELIA' BEA[H
100 N.W, 1st AVENUE DELRAY BEACH, FLORIDA 33444 407' 243 7000
PROCLAi'1A TIO,V
WHEREAS, from its pioneering days Delray Beach has
attracted a variety of ethnic groups who have helped to
'shape our Ci ty ; and,
WHEREAS, to recognize the growing imprint of
Delray Beach's ethnic diversity on our historic environments
and way of life; and,
WHEREAS, historic preservation in our community is
enhanced by embracing the vitality of diverse people and
cultures; and,
WHEREAS, in order to foster appreciation of
cultural diversity, Delray Beach celebrates Heritage Month;
and,
WHEREAS, "Heritage Month .., . a community responds
to its cultural diversity" is of special interest to the
citizens of Delray Beach.
NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the
City of Delray Beach, Florida, on behalf of the City
Commission do hereby proclaim the month of October, 1993, as
"HERITAGE MONTH .., . a community responds
to its cultural diversity"
in the City of Delray Beach and urge all citizens to join
in the celebration of the historical and cultural heritage
our City so enjoys.
IN WITNESS WHEREOF, I have hereunto set my hand
and caused the Official Seal of the City of Delray Beach,
Florida, to be affixed this 28th day of September, 1993.
MAYOR
THOMAS E. LYNCH
SEAL
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Ii RECEIVED
SEP 1 5 1993
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GOVERNMENT FINANCE CITY MANAGER'S OFF I. [
OFFICERS ASSOCIATION
180 North Michigan Avenue, Suite BOO, Chicago, Illinois 60601
312/977-9700. Fax: 312/977-4806
September 10, 1993
Mr. David T. Harden
City Manager
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, Florida 33444
Dear Mr. Harden:
We are pleased to notify you that your comprehensive annual finan-
cial report for the fiscal year ended September 30, 1992 qualifies
for a Certificate of Achievement for Excellence in Financial
Reporting. The Certificate of Achievement is the highest form of
recognit,ion in governmental accounting and financial reporting,
and its attainment represents a significant accomplishment by a
government and its management.
When a Certificate of Achievement is awarded to a government, an
Award of Financial Reporting Achievement is also presented to the
individual designated by the government as primarily responsible
for its having earned the certificate. Enclosed is an Award of
Financial Reporting Achievement for: Milena L. Walinski,
Assistant Finance Director.
The Certificate of Achievement plaque will be shipped under sepa-
rate cover in about eight weeks. We hope that you will arrange for
a formal presentation of the Certificate and Award of Financial
Reporting Achievement, and that appropriate publicity will be
given to this notable achievement. To assist with this, a sample
news release and the 1992 Certificate Program results are enclosed.
We hope that your example will encourage other government offi-
cials in their efforts to achieve and maintain an appropriate
standard of excellence in financial reporting.
Sincerely,
GOVERNMENT FINANCE OFFICERS ASSOCIATION
~9jJ~
tephen J. Gauthier
Director/Technical Services Center
SJG/kas
Enclosures
WASHINGTON OFFICE
1750 K Street, NW., Suite 650, Washington, DC 20006
202/429-2750 . Fax: 202/429-2755
,. "I'"
.,
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Ii
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GOVERNMENT FINANCE
OFFICERS ASSOCIATION
180 North Michigan Avenue. Suite 800. Chicago. Illinois 60601
312/977-9700. Fax: 312/977-4806
September 10, 1993
For information contact:
NEWS ,RELEASE Stephen Gauthier (312) 977-9700
(Chicago)--The Certificate of Achievement for Excellence in Finan-
cial Reporting has been awarded to:
CITY OF DELRAY BEACH
by the Government Finance Officers Association of the United States
and Canada ( GFOA) for its comprehensive annual financial report
(CAFR) . The Certificate of Achievement is the highest form of
recognition in the area of governmental accounting and finan-
cial reporting, and its attainment represents a significant
accomplishment by a government and its management.
An Award of Financial Reporting Achievement has been awarded
to the individual designated as primarily responsible for
preparing the award-winning CAFR. This has been presented to:
MILENA L. WALINSKI, ASSISTANT FINANCE DIRECTOR
The CAFR has been judged by an impartial panel to meet the
high standards of the program including demonstrating a construc-
tive "spirit of full disclosure" to clearly communicate its
financial story and motivate potential 'users and user groups
to read the CAFR.
The GFOA is a nonprofit professional association serving
12,625 government finance professionals with offices in Chicago,
Illinois, and Washington, D.C.
- 30 -
WASHINGTON OFFICE
1750 K Street. N,W. Suite 650. Washington. OC 20006
202/429-2750 . Fax: 202/429-2755
.,
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~._._._------------_. -_.--------- -------~-- --'- ,." ~-_._. .-.- ..---".- - -... .-
RESOLUTION NO. 84-93
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING JAMES
H. THORNTON FOR TWENTY YEARS OF DEDICATED SERVICE TO THE
CITY OF DELRAY BEACH.
WHEREAS, James H. "Gunny" Thornton was hired by the City of
Delray Beach, Florida, on October 3, 1973; and,
WHEREAS, James H. Thornton will reach a milestone in his career
on Oc tober 3, 1993; and,
WHEREAS, this milestone is achieving twenty' (20) years of
full-time public service with the City of Delray Beach, Florida; and,
WHEREAS, James H. Thornton has consistently performed any and
all duties required of him in a gentlemanly and exceptionally mature I
professional manner, exhibiting competence and loyalty; and,
WHEREAS, James H. Thornton will retire from employment with the
City of Delray Beach effective October 3, 1993; and,
WHEREAS, the services and knowledge provided by this dedicated
employee will be missed.
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 congratulates and expresses its sincere thanks
and appreciation to James H. "Gunny" Thornton for twenty years of
dedicated, faithful, public service with the City of Delray Beach, and
further wishes him the best of health and happiness in his retirement.
PASSED AND ADOPTED in regular session on this 28th day of I
September, 1993. I
I
MAY 0 R
ATTEST: I
City Clerk
., II"
..
. >-
"-
--.---.----. -------- --..-----.-.. . _________m ___ '. _ _....--
RESOLUTION NO. 84-93 I
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING JAMES
H. THORNTON FOR TWENTY YEARS OF DEDICATED SERVICE TO THE
CITY OF DELRAY BEACH.
WHEREAS, James H. "Gunny" Thornton was hired by the City of
Delray Beach, Florida, on October 3, 1973; and,
WHEREAS, James H. Thornton will reach a milestone in his career
on October 3, 1993; and,
WHEREAS, this milestone is achieving twenty (20) years of
full-time public service with the City of Delray Beach, Florida; and,
WHEREAS, James H. Thornton has consistently performed any and
all duties required of him in a gentlemanly and exceptionally mature
professional manner, exhibiting competence and loyalty; and,
WHEREAS, James H. Thornton will retire from employment with the
City of Delray Beach effective October 3, 1993; and,
WHEREAS, the services and knowledge provided by this dedicated
employee will be missed.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DEL RAY BEACH, FLORIDA, AS FOLLOWS:
Section 1.. That the City Commission of the City of Delray
Beach, Florida, hereby congratulates and expresses its sincere thanks
and appreciation to James H. IlGunny" Thornton for twenty years of
dedicated, faithful, public service with the City of Delray Beach, and
further wishes him the best of health and happiness in his retirement.
PASSED AND ADOPTED in regular session on this 28th day of
September, 1993.
MAYOR
ATTEST:
City Clerk
I '6A
., "I' I~
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~{
SUBJECT: AGENDA ITEM i 'DB - MEETING OF SEPTEMBER 28. 1993
RESOLUTION NO. 47-93/METROPOLITAN PLANNING ORGANIZATION
INTERLOCAL AGREEMENT
DATE: September 24, 1993
This is a resolution authorizing the execution of an interlocal
agreement by and between local member entities and the Florida
Department of Transportation for the purpose of creating and
establishing a Metropolitan Planning Organization (MPO) for the West
Palm Beach Urban Study Area.
This action is as a result of the Governor's reapportionment of
membership on the MPO based upon the results of the Census and the
Intermodal Surface Transportation Efficiency Act.
The purpose of the inter local agreement is to assure eligibility for
the receipt of Federal capital and operating assistance and to
implement and ensure a continuing, cooperative, and comprehensive
transportation planning process.
Recommend approval of Resolution No. 47-93 and approval of the
interlocal agreement which establishes a Metropolitan Planning
Organization for the West Palm Beach Urban Study Area.
~ 4-0
RESOLUTION NO. 47-93
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AUTHORIZING THE EXECUTION OF
AN INTERLOCAL AGREEMENT BY AND BETWEEN THE LOCAL
MEMBER ENTITIES AS NAMED THEREIN AND THE FLORIDA
DEPARTMENT OF TRANSPORTATION, FOR THE PURPOSE OF
CREATING AND ESTABLISHING A METROPOLITAN PLANNING
ORGANIZATION (MPO) FOR THE WEST PALM BEACH URBAN
STUDY AREA; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Governor of the State of Florida has approved
the proposed membership plan for the Metropolitan Planning Organization
of Palm Beach County, including the addition of MPO members from the
I City of Belle Glade and the Port of Palm Beach to the current
i membership; and,
,
I
I WHEREAS, the purpose of the Interlocal Agreement is to assure
I eligibility for the receipt of Federal funds and to implement and
I ensure a continuing, cooperative and comprehensive transportation
! planning process that results in coordinated plans and programs
I consistent with the comprehensively planned development of the affected
I urbanized area in cooperation with the Florida Department of
I Transportation; and,
I
i WHEREAS, each member agency must approve a resolution
i authorizing execution of the Interlocal Agreement.
I
,
i NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
j CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
,
I Section 1. That the City of Delray Beach, Florida, does
! hereby authorize execution of the Interlocal Agreement between the
I local member entities and the Florida Department of Transportation,
i creating and establishing a Metropolitan Planning Organization (MPO)
; for the West Palm Beach Urban Study Area.
I
! Section 2. That the Mayor, with the attestation of the City
I Clerk, be, and they are hereby authorized to execute the Interlocal
j Agreement for and on behalf of the City of Delray Beach, Florida.
I Section 3. That this resolution shall take effect
immediately upon its passage.
PASSED AND ADOPTED in regular ses~this the 28th day of
September, 1993. ~..~
MAY R
ATTEST~lIruIN
City Clerk
~i/}-6 ~
OF DELRAY BERCH
,~~~ NEY~S OFFICE .....
Wr~ter's D~rect L~ne
(407) 243-7091
MEMORANDUM
DATE: September 16, 1993
TO: David Harden, City Manager
FROM: Susan A. Ruby, City Attorney
SUBJECT: MPO Interlocal Aqreement
Attached please find a copy of the newly revised MPO Interlocal
Agreement. I believe the Agreement is acceptable as to legal
sufficiency at the current time.
Paragraph 13 contains an indemnification clause, however, it is
limited to the extent permitted by law. I have talked with the
County Attorney regarding the indemnification in light of
Florida Statute Section 768.2817, which you may recall states
that a contract may not contain any provision that requires one
party to indemnify or insure the other party for the other
party's negligence or to assume any liability for the other
party's negligence. The language, as drafted, does not require
the MPO to indemnify the department or any of the departments
liability, but only talks about the MPO's liability and, thus,
I believe it avoids the dictates of the new law. The addition,
if the "extent provided by law" language, should be sufficient
to protect us, should the matter arise in the future and we
need to argue otherwise. I have talked with the attorney for
DOT, Karen Camron, who is not willing to change the Agreement
as written. ~~lere, it is appropriate that this Agreement
and d::l.'. ;..~.-..' .cJfRlfjn be placed on the City Commission agenda
fora .... 1. '
(~7/}
. // (
SAR:ci
Attachment
cc Alison MacGregor Harty, City Clerk
mpo2.sar
"
~ 9/1/93 To: Alisoa: KKCregor Bart)'.. Please fo.U~\IR em this
"- and copy th. City Maualer with yogi, response. Thanks.
METROPOLITAN PLANNING ORGANIZATION (sk for DTH)
OF
PALM BEACH COUNTY
, ~) !. , . , ,I I ,.'.~"'~ , ",-' '- .
H
A~C~/I./~D
August 27, 1993 J(p 1
CITy M 199J
'4NAGER' _
S ()U:,r
Mr. David Harden, City Manager
City of Delray Beach
100 Northwest First Avenue
Delray Beach, Florida 33444
RE: MPO Interlocal Agreement .'
Dear Mr. Harden:
Due to the Census and the Intermodal Surface Transportation Efficiency Act, the
Governor has reapport i oned membersh i p on the MPO. The MPO i s formed under
Chapter 163, F.S., using an interlocal agreement. Each member organization is
a signatory to the Agreement.
The staff has previously transmitted an agreement from the Department of
Transportation for review and authorization to enter into the agreement. During
the process, it was found recent state legislation modified some references in
the agreement and changed some of the specific language. The decision was made
to change the agreement now rather than in the near future. A revised agreement
was recently completed by legal counsel from FOOT and the County and is enclosed.
The content of the revised agreement is essentially unchanged.
If you have previously authorized execution of the agreement, please review this
version and indicate your approval. When all approvals have been received, the
MPO staff wi 11 . arrange a time to execute fi fteen original copies of the
interlocal agreement. A fully executed copy will be provided to each party.
We apologize for the delay and any confusion. If you have any questions, please
contact me.
Sincerely,
~~~W~ield' RECEIVED
Director q/~/q.3
RMW:pvn
CITY CLERK ,
Enclosure
P_G_ t.?.--:"( ~1 ::-,':'1~i "J./;~s: ~'~j""~ ~'~,.-,-::r;..' I r"'," ) _~ ~. '~. . ~:~:~.
..
WPI NO.:, FUND: SAMAS APPROP.:
FUNCTION: SAMAS OBJ:
JOB NO.: FEDERAL NO.: ORG. CODE:
CONTRACT NO.: VENDOR NO.:
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
PLANNING JOINT PARTICIPATION AGREEMENT
STANDARD INTERLOCAL AGREEMENT
This INTERLOCAL AGREEMENT is made and entered into this day of
, 19__, by and between PALM BEACH COUNTY. CITY OF BELLE GLADE.
CITY OF BOCA RATON. CITY OF BOYNTON BEACH. CITY OF DELRAY BEACH. TOWN OF
JUPITER. CITY OF LAKE WORTH. CITY OF PALM BEACH GARDENS. CITY OF RIVIERA
BEACH. CITY OF WEST PALM BEACH. the PORT OF PALM BEACH. and the STATE OF
FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the state of Florida,
hereinafter called the Department, and creates and establishes, a
METROPOLITAN PLANNING ORGANIZATION for the West Palm Beach Urban study Area,
hereinafter called the MPO;
WITNESSETH
WHEREAS, the parties to this Interlocal Agreement desire to participate
cooperatively in the performance, on a continuing basis, of a coordinated,
comprehensive transportation planning process to assure that highway
facilities, mass transit, rail systems, air transportation and other
facilities will be properly located and developed in relation to the overall
plan of community development; and
WHEREAS, the Federal Government, under the authority of 23 U.S.C. 134
and section 3(a) (2), 4(a), 5(g) (l), and 5(h) (1) of the Federal Transit Act
[(49 U.S.C. 1602(a)(2), 1603(a) and 1604(g) (1) and (h)(l)), requires that
each urbanized area, as a condition to the receipt of federal capital or
operating assistance, have a continuing, cooperative, and comprehensive
transportation planning process that results in plans and programs consistent
with the comprehensively planned development of the urbanized area, and
stipulates that the state and the MPO shall enter into an agreement clearly
identifying the responsibilities for cooperatively carrying out such
transportation planning; and
WHEREAS, Regulations of the Federal Highway Administration (FHWA) and
the Federal Transit Administration (FTA), 23 CFR 450 (hereinafter called the
Rules), provide for the designation of MPOs by the Governor; and
WHEREAS, section 339.175 of the Florida Statutes provides for the
creation, designation and apportionment of the MPOs consistent with the
federal laws and rules identified above.
NOW, THEREFORE, in consideration of the mutual covenants, promises, and
representation herein the parties agree as follows:
.,
1.00 PURPOSE
The purpose of this Interlocal Agreement is to assure eligibility for
the receipt of Federal capital and operating assistance pursuant to 23
U.S.C. 134 and sections 3(a} (2), 4(a} I 5(g} (1), and 5(h} (1) of the
Federal Transit Act [(49 V.S.C. 1602(a) (2), l603(a), and 1604(g) (1) and
(h) (1) ], and to implement and ensure a continuing, cooperative, and
comprehensive transportation planning process that results in
coordinated plans and programs consistent with the comprehensively
planned development of the affected urbanized area in cooperation with
the Department.
Chapter 334, Florida statutes (F.S.), grants the broad authority for the
Department's role in transportation. Section 334.044, F.S., evidences
the legislative intent that the Department be responsible for
coordinating the planning of a safe, viable and balanced state
transportation system serving all regions of the State. Section
339.155, F.S., requires the Department to develop a statewide
transportation plan, in conjunction with local governmental entities
including, but not limited to, regional planning agencies for all
Metropolitan Statistical Areas. Section 339.175, F.S., specifies the
authority and responsibility of the MPO and the Department in the
management of a continuing, cooperative, and comprehensive
transportation planning process for the urbanized area.
In fulfillment of this purpose and in the exercise of the various powers
granted by Chapters 334 and 339, F.S., the Department and all parties to
this Agreement acknowledge that the provisions of Section 163.3161 -
163.3215, F.S., the Local Government Comprehensive Planning and Land
Development Regulation Act, as amended, are applicable to this Agreement
and those parties shall take particular care that the planning processes
and planning integrity of local governments as set forth in that Act as
evidenced by the legislative intent expressed in Chapter 334 and 339,
F.S., shall not be infringed upon.
2.00 THE PROJECT
.01 Established MPO - The IlProj ect" is defined as the continuing,
cooperative and comprehensive transportation planning process for
the West Palm Beach Urban Study Area.
.02 Pursuant to Federal. State and Local law - In the event that any
election, referendum, approval, permit, notice or other proceeding
or authorization is requisite under applicable law to undertake any
Project hereunder, or to observe, assume, or carry out any of the
provisions of the Agreement, the MPO will, to the extent of its
legal capacity, comply with all applicable laws and requirements
and work toward the accomplishment and fulfillment of its
objectives.
.03 Submission of proceedinqs; contracts. and other documents - The MPO
shall submit to the Department such data, reports, records,
Page 2 of 9
.,
contracts, and other documents relating to the proj ect as the
Department may require.
.04 Riqhts of review - All parties to this agreement, and the affected
Federal funding agency (i.e. FHWA, FTA and FAA) shall have the
rights of technical review and comment of MPO projects.
3.00 COORDINATION AND AGREEMENT
The designated MPO shall carry out transportation planning and
programming activities as identified in the Agreement between the
Department and the MPO. Urbanized areas, declared by the 1990 Census
and designated by the Governor, may carry out those activities contained
in this Agreement to meet Federal funding eligibility requirements for
Federal planning purposes. Section 112 of 23 CFR 450, planning funds
will be made available by agreement upon MPO Designation by the
Governor.
4.00 COMPOSITION; MEMBERSHIP; TERMS OF OFFICE
.01 The voting membership of the MPO shall consist of seventeen (17)
apportioned members. The Governor shall apportion total membership
on the MPO from among Palm Beach County and the cities of Belle
Glade, Boca Raton, Boynton Beach, Delray Beach, Lake Worth, Palm
Beach Gardens, Riviera Beach, West Palm Beach and the Town of
Jupiter on an equitable geographic population ratio. The voting
membership shall also include the Port of Palm Beach. All voting
members of the MPO shall be elected officials of Palm Beach County,
the cities and Towns and the Port of Palm Beach stated above with
the number of representatives from each of these general purpose
local governments to be determined by the geographical population
ratio employed by the Governor in appointing the MPO.
.02 The county commission members shall compose not less than one-third
of the MPO membership, except for an MPO with more than 15 members
located in a county with a five-member county commission or an MPO
with 19 members located in a county with more than a six-member
county commission, in which case county commission members may
compose less than one-third of the MPO membership but all county
commissioners must be members of the MPO. All voting members shall
be elected officials of general purpose governments, except that
the MPO may include, as part of its apportioned voting members, a
member of a statutorily authorized planning board or an official of
an agency that operates or administers a major mode of
transportation.
.03 In metropolitan areas in which authorities or other agencies have
been or may be created by law to perform transportation functions
that are not under the jurisdiction of a general-purpose local
government represented on the MPO, those authorities or agencies
shall be provided voting membership on the MPO. The county
commission shall compose not less than 20 percent of the MPO
Page 3 of 9
.,
membership if an official of an agency that operates or administers
a major mode of transportation has been appointed to an MPO.
.04 The governmental entity designated shall appoint the appropriate
number of members to the MPO from eligible officials.
Representatives of the Department shall serve as non-voting members
of the MPO. Non-voting advisers may be appointed by the MPO as
deemed necessary. The Palm Beach County School Board shall
provide a non-voting adviser to the MPO.
.05 The term of office of members of the MPO shall be four (4) years.
The membership of a member who is a public official automatically
terminates upon his leaving his elective or appointive office for
any reason, or may be terminated by a majority vote of the total
membership of a county or city governing entity represented by the
member. A vacancy shall be filled by the original appointing
entity. A member may be reappointed for one or more additional 4-
year terms.
5.00 AUTHORITIES, POWERS, DUTIES AND RESPONSIBILITIES
The MPO shall have all authorities, powers and duties, enjoy all rights,
privileges, and immunities, exercise all responsibilities and perform
all obligations necessary to manage a continuing, cooperative, and
comprehensive transportation planning process as specified in Section
339.175(4) and (5), F.S., and other sections or as incorporated in an
interlocal agreement authorized under Section 163.01, F.S., and made a
part hereof, including but not limited to, the following:
.01 The MPO may employ personnel and/or may enter into contracts with
local or state agencies to utilize the staff resources of local
and/or state agencies (s. 339.175(5) (g), F.S.).
.02 The MPO shall enter into agreements with the Department, operators
of public transportation systems and the metropolitan and regional
intergovernmental coordination and review agencies serving the
metropolitan area. These agreements will prescribe the cooperative
manner in which the transportation planning process will be
coordinated and included in the comprehensive planned development
of the area (ss. 339.175(9) (a), F.S.).
.03 The MPO may enter into contracts (s. 163.01(14), F.S.).
.04 The MPO may acquire, own, operate, maintain, sell, or lease real
and personal property (s. 163.01(5), F.S.).
.05 The MPO may accept funds, grants, assistance, gifts or bequests
from Local, State, and Federal resources (s. 163.01(5), F.S.).
.06 The MPO shall establish a budget which shall operate on a July 1 to
June 30 basis as required by the Unified Planning Work Program
(UPWP) .
Page 4 of 9
.,
.07 The MPO may promulgate rules to effectuate its powers,
responsibilities, and obligations enumerated herein - provided said
rules do not supersede or conflict with applicable local and state
laws, rules and regulations (s. 163.01(5) and (a), F.S.). The MPO,
in promulgating rules, pol icies, bylaws and procedures, shall
coordinate with the Department to obtain its concurrence prior to
MPO approval and implementation of such rules, policies, bylaws and
procedures.
.08 The MPO, in cooperation with the Department, shall carry out the
urban transportation planning process as required by Title 23 of
the Code of Federal Regulations (CFR), Parts 420 and 450, and
consistent with Chapter 339, F.S., and other applicable state and
local laws.
.09 Plans and programs developed by the MPO carrying out the urban
transportation planning process shall be in compliance with
Department procedures, Federal regulations and state laws.
.10 The MPO shall appoint a technical advisory committee (s.
339.175(5)(d), F.S.)
.11 The MPO shall appoint a citizens' advisory committee (s.
339.175(5) (e), F.S.)
6.00 CONTRACTS OF THE MPO
All contractual agreements must be approved by the affected federal
funding agency and the Department. Except as otherwise authorized in
writing by the Department, and the affected Federal funding agency where
State or Federal funds are to be used, the MPO shall not execute any
contract or obligate itself in any other manner with any third party
with respect to the Project without the prior written concurrence of the
Department, FHWA, FTA, or FAA, as appropriate. Subletting of
consultant(s) contracts involving funds administered by FHWA shall be in
accordance with the requirements of 23 CFR and all other applicable
Federal Regulations which by reference hereto are made part of this
Agreement.
7.00 INVENTORY REPORT
.01 The MPO agrees to inventory, to maintain records of and to insure
the proper use, control, and disposal of all nonexpendable tangible
property acquired pursuant to funding under this agreement. This
shall be done in accordance with the requirements of 23 CFR and
all other applicable Federal Regulations. The MPO shall make all
records and necessary information readily available to the
Department in order for the Department to conduct a review of and
determine the accuracy of the MPO inventories, property control
information, and its compliance with the requirements of 23 CFR and
all other applicable Federal Regulations.
Page 5 of 9
..
"
.02. The Department will maintain all records in accordance with 'the
Federal-Aid Policy Guide, 23 CFR 17, "Record Keeping and Retention
Requirements for Federal-Aid Highway, Records of state Highway
Agencies".
8.00 MISCELLANEOUS PROVISION
.01 How Contract Affected bY provisions Being Held Invalid - If any
provision of this Agreement is held invalid, the remainder of this
Agreement shall not be affected thereby if such remainder would
then continue to conform to the terms and requirements of
applicable law.
.02 state or Territorial Law - Nothing in the Agreement shall require
the MPO to observe or enforce compliance with any provision
thereof, perform any other act or do any other thing in
contravention of any applicable state law. Provided, that if any
of the provisions of the Agreement violate any applicable state
law, the MPO will at once notify the Department in order that
appropriate changes and modifications may be made by the Department
and MPO to the end that the MPO may proceed as soon as possible
with the Project.
9.00 EXECUTION OF AGREEMENT
Tnis Interlocal Agreement may be simultaneously executed in several
counterparts, each of which so executed shall be deemed to be an
original, and such counterparts together shall constitute one and the
same instrument.
10.00 CONSTITUTIONAL OR STATUTORY DUTIES AND RESPONSIBILITIES OF THE PARTIES
TO THE AGREEMENT
This Agreement shall not be construed to authorize the delegation of the
constitutional or statutory duties of any of the parties. In addition,
this Agreement does not relieve any of the parties of an obligation or
responsibility imposed upon them by law except to the extent of actual
and timely performance thereof by one or more of the parties to this
Agreement or any legal or administrative entity created or authorized by
this Agreement, in which case the performance may be offered in
satisfaction of the obligation or responsibility.
11.00 DURATION OF AGREEMENT AND WITHDRAWAL PROCEDURE
This Agreement shall remain in effect until terminated by the parties to
the Agreement. Any party may withdraw from said Agreement after
presenting in written form a notice of intent to withdraw to the other
parties, at least 30 days prior to the intended date of withdrawal.
Page 6 of 9
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12.00 AMENDMENT OF AGREEMENT
Amendments to or modifications of this Agreement may only be made by
written agreement signed by all parties hereto with the same formalities
as the original Agreement and shall not be effective until it is filed
with the Clerk of circuit Court of each county where a party hereto is
located pursuant to Section 163.01(11), F.S.
13.00 INDEMNIFICATION
To the extent permitted by law, the MPO agrees that it will indemnify
and hold harmless the Department from any claim, loss, damage, cost,
Charge or expense arising out of any act, action, neglect or omission by
the MPO during the performance of the contract, whether direct or
indirect, and whether to any person or property to which the Department
or said parties may be subject, except the MPO will not be liable under
this section for damages arising out of injury or damage to persons or
property directly caused or resulting from the negligence of the
Department or any of its officers, agents, or employees.
14.00 CONFIRMATION OF AGREEMENT
The Agreement shall be reviewed by the MPO and the Department to confirm
the validity of the contents and to recommend the type of amendments, if
any, that are required. Review of this Agreement shall occur whenever
an MPO Reapportionment Plan is developed for approval by the Governor
pursuant to his/her procedure for MPO Reapportionment.
15.00 AGREEMENT FORMAT
All words used herein in the singular form shall extend to and include
the plural. All words used in the plural form shall extend to and
include the singular. All words used in any gender shall extend to and
include all genders.
16.00 EFFECTIVE DATE
This Agreement shall become effective upon execution by all parties
hereto and filing with the Clerk of the Circuit Court of each county
where a party to the Agreement is located.
Page 7 of 9
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IN WITNESS WHEREOF, the undersigned parties have caused this Interlocal
Agreement to be duly executed in their behalf and hereby establish the above
designated MPO this day of , 19___-
BOARD OF COUNTY COMMISSIONERS TOWN OF JUPITER
OF PALM BEACH COUNTY, FLORIDA
BY: BY:
CHAIR MAYOR
ATTEST: ATTEST:
DEPUTY CLERK CLERK
CITY OF BELLE GLADE CITY OF LAKE WORTH
BY: BY:
MAYOR MAYOR
ATTEST: ATTEST:
CLERK CLERK
CITY OF BOCA RATON CITY OF PALM BEACH GARDENS
BY: BY:
MAYOR MAYOR
ATTEST: ATTEST:
CLERK CLERK
CITY OF BOYNTON BEACH CITY OF RIVIERA BEACH
BY: BY:
MAYOR MAYOR
ATTEST: ATTEST:
CLERK CLERK
CITY OF DELRAY BEACH CITY OF WEST PALM BEACH
BY: BY:
MAYOR MAYOR
ATTEST: ATTEST:
CLERK CLERK
Page 8 of 9
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PORT OF PALM BEACH
BY:
CHAIR
ATTEST:
EXECUTIVE DIRECTOR
STATE OF FLORIDA,
DEPARTMENT OF TRANSPORTATION
BY:
DISTRICT SECRETARY
ATTEST:
EXECUTIVE SECRETARY
Approved as to Form:
Florida'Department of Transportation
BY:
ATTORNEY
Page 9 of 9
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of(
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[ITY DF DELAAY BEA[H
100 N.W. 1st AVENUE . DELRAY BEACH, FLORIDA 33444 . 407/243-7000
.......
ANnBIcaClty
, 'III!
1993
MEMORANDUM
TO: David T. Harden, City Manager
FROM: Robert A. Barcinski, Assistant City Manager ~
SUBJECT: AGENDA ITEM #~e, CITY COMMISSION MEETING 9/28/93
APPROVAL RESOLUTION FLORIDA CITY GOVERNMENT WEEK
DATE: September 23, 1993
ACTION
City Commission is requested to approve a resolution designating
October 3-9 Florida City Government Week.
OTHER INFORMATION
Florida City Government Week is a program initiated by the
League of Cities to recognize the important role played by City
Government in the lives of our citizens.
In addition to the resolution we will be participating in the
Business Expo and in a student shadowing program involving 15
5th graders from Plumosa Elementary School. We will have a
Police, Fire and General Government exhibit at the Expo.
RECOMMENDATION
Approve the resolution.
RAB:kwg
@ Printed on Recycled Paper THE EFFORT ALWAYS MATTERS ~~_o
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--- - ..-..-.. - - -.- -'----- .--.---. .__ n__ ~--_._~------~._----_._-~--.
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RESOLUTION NO. 86-93
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, RECOGNIZING CITY GOVERNMENT WEEK,
OCTOBER 3 THROUGH OCTOBER 9, 1993, AND ENCOURAGING ALL
CITIZENS TO SUPPORT THE CELEBRATION AND CORRESPONDING
ACTIVITIES.
WHEREAS, city government is the government closest to most
cItizens, and the one with the most direct daily impact upon its
residents; and,
WHEREAS, city government is administered for and by its
citizens, and is dependent upon public commitment to and understanding
of its many responsibilities; and,
WHEREAS, city government officials and employees share the
responsibility to pass along their understanding of public services and
their benefits; and,
WHEREAS, Florida City Government Week is a very important time
to recognize the important role played by city government in our lives;
and,
WHEREAS, this week offers an important opportunity to spread
the word to all the citizens of Florida that they can shape and
influence this branch of government which is closest to the ,people; and,
WHEREAS, the Governor and Cabinet of the State of Florida have
set aside this week to recognize and honor the efforts of city
governments.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City of Delray Beach, Florida, does
encourage all citizens, city government officials and employees to do
everything possible to ensure that this week is recognized and
celebrated accordingly.
Section 2. That the City of Delray Beach, Florida, does
encourage educational partnerships between city government and schools.
Section 3. That the City of Delray Beach, Florida, does
support and encourage all city governments to actively promote and
sponsor "Florida City Government Week."
,
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PASSED AND ADOPTED in regular session on this 28th day of
September, 1993.
MAYOR
ATTEST:
City Clerk
,
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!
-2- Res. No. 86-93 i
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[ITY DF DELRAY BEA[H
100 N,W, 1st AVENUE . DELRAY BEACH. FLORIDA 33444 . 407/243-7000
........
All-AnBtcaClty
, III I!
1993 ft
MEMORANDUM
TO: III aepartment Heads
FROM: ~Robert A. Barcinski, Assistant City Manager
SUBJECT: Florida City Government Week October 3-9, 1993
DATE: September 13, 1993
In support of Florida City Government Week, the following
activities will be undertaken: .R~04-
1. Resolution passed by City Commission. 8"-9.3
2. Exhibits at Delray Mall - Police, Fire.
General Government - (10/1-2 Business Expo)
Exhibits will be left up through Florida City Government
Week.
3 . Viewing in City Hall and other locations of video, "How Your
City Government Works."
4. Shadowing Program for fifteen ( 15) 5th graders from Plumosa
Elementary School ( 9 a.m.-12:00 noon, Friday 10/8).
Your assistance is requested for item #4, the Shadowing
Program. The School has requested that I provide them with job
descriptions for fifteen (15) positions. The children will
write an essay on the position they want to shadow. The
employee filling the position will read the essays and select a
winner. That student will meet with the employee on 10/8 for
about two hours, learning more about the position. At about
11:30 we will all have lunch with the kids and present them with
certificates.
The positions requested for shadowing are as follows:
Mayor Data Processing Systems Admin.
City Manager Recreation Center Supervisor
Police Chief Planning and Zoning Director
Fire Chief Warehouse Supervisor
Deputy Director/Public Works BuildingI~spector
Dispatcher ~. Clerk
Utility Billing Clerk Water Plant Operator
Public Information Office~
a~ r ..., '
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Florida City Govt. Week
Page 2
If you have any questions or want to change a position, please
let me know by next Wednesday, 9/15. Thank you for your
assistance.
RAB:kwg
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Week
, RECOGNIZING CITY
CITY OF
_3-9, 19931 AND ENCOURAGING ALL
THE CELEBRATION AND CORRESPONDING
--
, '
is the government b 1 0 ses~t':':';t (, most
imp'act " its
upon
. -
is its
and
spread
can' shape "and .
to the people;
- -_.._._._~"--'- ,-.--.. . ... - ------------ _.~- - ._--_._-----'--_.. - ._._~-, -.-.- --
------
RESOLUTION NO. 86-93 I
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, RECOGNIZING CITY GOVERNMENT WEEK,
OCTOBER 3 THROUGH OCTOBER 9, 1993, AND ENCOURAGING ALL
CITIZENS TO SUPPORT THE CELEBRATION AND CORRESPONDING
ACTIVITIES.
WHEREAS, city government is the government closest to most
citizens, and the one with the most direct daily impact upon its
residents; and,
WHEREAS, city government is administered for and by its
citizens, and is dependent upon public commitment to and understanding
of its many responsibilities; and,
WHEREAS, city government officials and employees share the
responsibility to pass along their understanding of public services and
their benefits; and,
WHEREAS, Florida City Government Week is a very important time
to recognize the important role played by city government in our lives;
and,
WHEREAS, this week offers an important opportunity to spread
the word to all the citizens of Florida that they can shape and
influence this branch of government which is closest to the people; and,
WHEREAS, the Governor and Cabinet of the State of Florida have
set aside this week to recognize and honor the efforts of city
governments.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
,Section 1. That the City of Delray Beach, Florida, does
encourage all citizens, city government officials and employees to do
everything possible to ensure that this week is recognized and
celebrated accordingly.
Section 2. That the City of Delray Beach, Florida, does
encourage educational partnerships between city government and schools.
Section 3. That the City of Delray Beach, Florida, does
support and all city governments to actively promote and ,
encourage I
sponsor "Florida City Government Week." ;
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PASSED AND. ADOPTED in regular session on this 28th day of
September, 1993.
I
MAY 0 R
ATTEST:
City Clerk
I
i
!
-2- Res. No. 86-93
II
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM i ~J> - MEETING OF SEPTEMBER 28. 1993
RESOLUTION NO. 95-93
DATE: September 24, 1993
This is a resolution encouraging the Florida Legislature, Cabinet and
appropriate State agencies and departments to take steps to limit and
reduce the cost increases of Workers' Compensation Insurance coverage.
The aim of this resolution is to get the Governor, Cabinet and
Legislature to take steps to protect responsible employers and
employees from the devastating financial burdens associated with
Workers' Compensation coverage.
Recommend approval of Resolution No. 95-93.
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RESOLUTION NO. 95-93
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, ENCOURAGING THE FLORIDA
LEGISLATURE, THE CABINET AND THE APPROPRIATE STATE
AGENCIES AND DEPARTMENTS TO TAKE STEPS TO LIMIT AND
REDUCE THE COST INCREASES OF WORKERS' COMPENSATION
INSURANCE COVERAGE.
WHEREAS, the cost of workers' compensation coverage has
increased dramatically for the past fifteen (15) years; and
WHEREAS, Florida Statutes require all employers, public and
private, to secure workers' compensation coverage or self-insure such
obligations; and
WHEREAS, various parties and individuals have caused such
coverage to be greatly expanded to include mental and physical
i ailments in addition to on-the-job injuries; and
WHEREAS, the incidence of claims has also risen dramatically
in the past decade, many of which are questionable and fraudulent; and
WHEREAS, the system is designed to be non-adversarial and
adjudicators have often favored claimants; and
WHEREAS, the cost of medical treatment has also risen
dramatically over the past decade, due to increased medical usage, the
development and use of expensive technology and an increasing
propensity for malpractice litigation; and
WHEREAS, the Governor and the Legislature and many other
i prominent Floridians and business persons have recognized the
seriousness of this problem to the point of financial crises for many
employers.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Governor, Cabinet and the Legislature
publicly recognize the seriousness of this problem and take immediate
steps to protect responsible employers and employees from the
devastating financial burdens associated with workers' compensation
coverage.
Section 2. That the Governor and the Legislature
immediately convene a commission of experts on this subject and direct
the commission to carefully evaluate all coverages, claims and costs,
and recommend necessary and viable options to help alleviate this
dramatic problem.
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Section 3. That a team of medical and judicial experts be
mobilized to determine appropriate limits on all costs and coverage in
this program, and that the involvement of claimants' attorneys be
closely examined, with the goal of curtailing the costly tort-like
atmosphere, and replacing it with a more "no-fault" approach.
Appropriate thresholds should be established before adversarial legal
involvement is allowed.
Section 4. That if these measures fail to contain and
reduce these costs, then remedial legislation be adopted to limit
claims to proven on-the-job injuries, and that other necessary
treatments be assigned to health care providers through the employers'
I system of health insurance in order to overcome the substantial
incentive for all workers to seek compensation as well as treatment.
Section 5. That special benefits granted to specific
municipal employees that have no realistic basis or medical support,
such as the hypertension heart and lung disease presumption for Fire
personnel, be immediately reexamined and reevaluated.
Section 6. That copies of this resolution be sent to the
Governor, the Cabinet, members of the Legislative Delegation, the
President of the Senate, the Speaker of the House, and the Florida
League of Cities.
i
I PASSED AND ADOPTED in regular session on this the 28th day
!
of September, 1993.
i ~~
ATTEST:
~kt
Acting City Clerk
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- 2 - Res. No. 95-93
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[IT' DF DELRA' BEA[H
100 NW, 1st AVENUE . DELR/\'( nEACH, f'LO,.~IDA 33444 . 407/243-7000
M E M 0 RAN DUM
'1'0: Joseph M. Safford, Finance Di~e9tor
,__ ". '/ i( .'
Lee R. Graham, Risk Manager~_~ "-
FROM:
DATE: September 21, 1993
SUBJECT: City Manager's Memorandum Regarding Workers' Compensation
Working actively with the Workers' Compensation system, I can see that it is
apparent why the costs escalate as they have continued to do over the past
years.
I have read the City Manager's memorandum to Mayor Lynch, and agree with the
Mayor's brief comments. He cites litigation as a major cause of the soaring
costs of Workers' Compensation rates for employers. He recommends a
'threshold before a suit can occur. He identifies medical and legal abuse as
the cause of the problem.
Workers' Compensation was the first of the actual no-fault insurance
coverages, with the intention being that an injured employee receive medical
treatment and compensation for lost wages without having to establish blame
for an accident. This was to be a remedy for a costly and inefficient prior
system that ate up large sums of money in court, while not providing properly
for an injured worker. The current law allows too much lawyer involvement,
thus driving up the costs of insurance.
Conunissioner Ellingsworth has brought back the form resolution from the
F'lor ida League oi Cities which they have suggested be adopted by member
cities. The resolution is in carefully worded general terms suggesting
problem recognition as to seriousness, and asks for the Governor and
Legislature to study and make changes in the system.
Since the resolution is by design more general than specific, it could very
well be adopted as is. Still, additional wording in Section three could be
added to express the concerns given by the Mayor. I have annotated Section
three to add some of these concerns.
If the resolution is accepted by lawmakers in 'fallahassee, additional
lobbying could be accomplished when actual study panels or study groups are
established. This would be a proper forum to discuss lawyer involvement,
medical treatment and cost abuses, etc.
Hopefully, the problem will be taken seriously by the State Government
Officials in order to correct a very serious employer crises.
LRG/rc
THE EFFORT ALWAYS MATTERS
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[ITY DF DELAAY BEA[H
100 '" ,'J 1>1 ':'VENUE . DELRAY BEACH, FLORIDA 33444 . 4071243,7000
MEMORANDUM
From'
,
~ Thomas E. Lynch, Mayor
10,' City Manager 611-1
FROM": David T. Harden,
SUBJECT: WORKERS' COMPENSATION
DATE: August 16, 1993
Commissioner Ellingsworth brought back the attached form
resolution from the Florida League of Cities meeting. I would
appreciate it if you could review it and, based on your
knowledge of insurance, suggest appropriate changes. After you
have done that, if you will return it to me, I will put it on a
City Commission agenda for consideration.
DTH:mld
Attachment d, '-!~
~ IJ- t" ~ .JC'k/;-- ,,-vu
I rr:- _. ".~j . v ---/0 0.e.- IJ~~ - -. . M. ~~_ C-
jl7t C;IY/I O~ JJ~ . ~~ . -jC.. c.. --r;(,,€'J . r
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MEMO From
CITY MANAGER'S OFFICE
To: ~ ~F Date: 7'/;r/>',;
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGEROJ1
SUBJECT: AGENDA ITEM i <D~ - MEETING OF SEPTEMBER 28. 1993
MODIFICATION NO. 3 TO THE AGREEMENT WITH PEROXIDATION
SYSTEMS. INC.
DATE: September 24, 1993
Peroxidation Systems, Inc. provides chemicals and certain services to
the City's lift stations. Modification No. 3 to the agreement with
Peroxidation Systems, Inc. extends the agreement for a six ( 6) month
period from September 30, 1993 until March 31, 1994.
The contracted amount for chemicals and services is $13,333 per
month. Funding is available in Water and Sewer - Chemicals (Account
No. 441-5144-536-52.21).
Recommend approval of Modification No. 3 to the agreement with
Peroxidation Systems, Inc. ; with funding from Water and Sewer -
Chemicals (Account No. 441-5144-536-52.21).
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[ITY OF DELRAY BEA[H
CITY ATTORNEY~S OFFICE 21111 !':W 1st ,W[;-;U: . DELRAY BEACH, FLORIDA 33444
L\CS/'\lILL ~1I7/27S-~7,'5 Writer's Direct Line
(407) 243-7091
MEMORANDUM
DATE: September l4, 1993
TO: City Commission
FROM: Susan A. Ruby, City Attorney
SUBJECT: Agreement Between the City of Delray Beach and
Peroxidation Systems, Inc.
Peroxidation Systems, Inc. provides chemicals and certain
services to the City's lift stations. This Modification No. 3
to the Agreement between the City of Delray Beach, Florida and
Peroxidation Systems, Inc. extends the Agreement for a six ( 6 )
month period from September 30, 1993 until March 31, 1994.
Please do not hesitate to call if you have any questions. By
copy of this memorandum to David Harden, our office requests
that thi~atter be placed on the City Commission September 28,
1993 consent agenda for approval.
~
Attachment
cc William Greenwood, Director of Environmental Services
Dick Hasko, Deputy Director of Public Utilities
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MODIFICATION NO. 3 TO AGREEMENT BETWEEN THE
CITY OF DELRAY BEACH, FLORIDA AND
PEROXIDATION SYSTEMS INC.
This Agreement is made this day of
, 1993, by and between the City of Delray Beach,
Florida (the City), and Peroxidation Systems Inc. (the
Contractor) .
WHEREAS, the City and the Contractor entered into an
Agreement, awarded on April 11, 1990, which was effective from
October 1, 1990 through September 30, 1991; and,
WHEREAS, the Agreement included the invitation to
bid, the Purchase Order (No. 19662) and the terms, conditions,
and specifications; and,
WHEREAS, the Agreement was amended September 27, 1991
(Amendment No. 1) and further amended on October 29, 1992
(Modificat~on No. 2) ; and,
WHEREAS, the Agreement provided in the terms, condi-
tions and specifications, that the initial contract period of
twelve months may be extended by mutual agreement for addition-
al twelve month periods up to a cumulative total of thirty (36)
months; and,
WHEREAS, by mutual agreement, the parties desire to
amend the Agreement by this Modification No. 3 for a six ( 6 )
month period.
NOW, THEREFORE, FOR AND IN CONSIDERATION THE MUTUAL
COVENANTS SET FORTH HEREIN, THE PARTIES AGREE AS FOLLOWS:
l. The recitations set forth above are incorporated
herein and made a part hereof.
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2. The services provided under the Agreement as
modified shall extend from September 30, 1993 until March 31,
1994.
3. Either party may cancel this contract, in whole
or part, by giving thirty (30) days prior written notice in
writing.
4. All terms and conditions contained within the
the Agreement effective for fiscal year 1990/1991 between the
City and the Contractor, the first modification and second
modification thereto, except as may be in express conflict with
this Modification No. 3 to the Agreement, shall remain unaf-
fected by this modification and shall remain in full force and
effect.
IN WITNESS WHEREOF, the parties hereto have entered
this Modification No. 3 to the original Agreement between the
----
parties as of the day and year first written above.
CITY OF DELRAY BEACH, FLORIDA
By:
MAYOR
ATTEST:
City Clerk
Approved as to Form:
City Attorney
2
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CONTRACTOR
Witness: ::~OX4Jn~~s~
NtJ.M !Y\ rf\qcz;v-
DA-Re- MORG-ArJ
name printed or typed
~~ Title: \/ I't~ It'e~idenT
~Y\t'\[ fe.-r 1tOM&SDY\
name printed or t ed
(SEAL)
STATE OF Arizona
COUNTY OF Pima
The foregoing instrument was acknowledged before me
this 10th day of September , 1993 by
Emery M. Froelich, Vice Presiden~name of officer or agent,
title of officer or agent), of Peroxidation Systems, Inc.
---- (name of corporation acknowledging),
a Arizona (state or place of incorporation) corpora-
tion, on behalf of the corporation. ~She~ personally kno~
(to me) or has produced N/'A
(type of identification) as
identification and did (did not) take an oath.
y~
ignature of Person Taking
Acknowledgment
,Tp?lnnp 'Prnn("'nnp
Name of Acknowledger Typed,
Printed or Stamped
Notary Public, State of Arizona
Title or Rank
My Commission Expire, May 21. 1994
-
Serial Number, if any
3
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AFFIDA VIT OF AUTHORIZATION
!
Donald G. HaQer, being duly sworn, deposes and says that he is President of
Peroxidation Systems, Inc. a corporation organized and existing under and by virtue
of the laws of the State of Arizona, and having its principal offices at
5151 E. Broadwav, Suite 600, County of Pima, Tucson, Arizona 85711.
Affiant further says that he is familiar with the records, minute books, and by-laws
of Peroxidation Systems, Inc.
Affiant further says that Emerv M. Froelich, Vice President, of the corporation is duly
authorized to sign the Contract for the City of Delrav Beach or said corporation by
virtue of a provision of bv-Iaws.
O-{~~
Donald G. Hager - Affiant
Sworn to before me the 10th day of September, 1993.
-----
~2, J
):;i.~ ~~
, otary Public for
Pima
County
My Cominissioll Expire; May 21. 1994
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[IT' DF DELAA' BEA[H
100 NW, 1st AVENUE . DELRAY BEACH, FLORIDA 33444 . 407/243-7000
........
AI AlBk:aClly
" III!
1993
MEMORANDUM
TO: David T. Harden, City Manager
FROM: Robert A. Barcinski, Assistant City Manager f~~
SUBJECT: AGENDA ITEM # ~F CITY COMMISSION MEETING 9/28/93
AGREEMENT - LOBBYING SERVICES
DATE: September 22, 1993
ACTION
City Commission is requested to approve a Lobbying Services
Agreement with Kathleen Daley and Associates, Inc. in the amount
of $52,800 for fiscal year '93-'94. Funding is available in
account #001-1111-511-34.90 Other Contractual Services.
BACKGROUND
The agreement for lobbying services, other than the work plan,
is the same as in previous years, including cost. The CRA and
the South Central Regional Waste Water Treatment Plant will each
pay 25% of the contract costs; paid to the City quarterly.
RECOMMENDATION
Approve the Agreement for Lobbying Services with Kathleen Daley
and Associates, Inc. in the amount of $52,800.
RAB:kwg
Attachment
@ Printed on Recycled Paper THE EFFORT ALWAYS MATTERS
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Agenda Item No.:
AGENDA REQUEST
Date: 9/22/93
Request to be placed on:
X Regular Agenda Speclal Agenda Workshop Agenda
When: 9/28/93 t-D r'J ~ n..:f--
Descriptlon of agenda item (who, what, where, how much) : Approve Lobbying
Services Agreement with Kathleen Daley and Associates. Inc. for fiscal year '93-'94
in the amount of $52.800. Funding iR avail;:!hle in ;:!("cmmt #OOl-1111-,)11-14.QO Orhpr
Contractu;:!l ServiceR.
ORDINANCE/ RESOLUTION REQUIRED: Y2S~ Draft Attached: YES/NO
Recommendation: Jlf' f"A- t>v-e ~~
Department Head Signature: ~ftg~ 9/~3h,3
.
Determination of Consistency with Comprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds) :
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for agenda: @ NO t1J1
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
..
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[ITY DF DELAAY BEA[H-
100 NW. 1st AVENUE . DELRAY BEACH, FLORIDA 33444 . 407 '243- 7000
Dad
AI-.aClly
, III J!
1993
MEMORANDUM
TO: David T. Harden, City Manager
FROM: Robert A. Barcinski, Assistant City Manager ItIr6---
SUBJECT: AGENDA ITEM # ~f CITY COMMISSION MEETING 9/28/93
AGREEMENT - LOBBYING SERVICES
DATE: September 22, 1993
ACTION
City Commission is requested to approve a Lobbying Services
Agreement with Kathleen Daley and Associates, Inc. in the amount
of $52,800 for fiscal year '93-'94. Funding is available in
account #001-1111-511-34.90 Other Contractual Services.
BACKGROUND
The agreement for lobbying services, other than the work plan,
is the same as in previous years, including cost. The CRA and
the South Central Regional Waste Water Treatment Plant will each
pay 25% of the contract costs; paid to the City quarterly.
RECOMMENDATION
Approve the Agreement for Lobbying Services with Kathleen Daley
and Associates, Inc. in the amount of $52,800.
RAB:kwg
Attachment
@ Prmted on Recycled Paper THE Et:FORT ALWAYS MATTERS
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Kathleen E. Daley
& Associates, Inc.
GOVER:\\IE;\TAL AI.FAIRS
WORK PROGRAM FOR THE CITY OF DELRAY BEACH
The following issues will b~ worked on this Legislative Session.
Keep in mind that this is very early in the legislative calenda~
year, and more issues will be added as bills are filed.
1. Community Redevelopment Agency (CRA)
Amend Chapter 163.370 to add "To solicit requests for
proposals for redevelopment of parcels of real property
contemplated by the Community redevelopment Plan to be
acquired for redevelopment purposes by the Community
Redevelopment Agency; to advertise for the disposition of such
real property to a private person as a result of the above
referred to request for proposals in accordance with Section
163.380 prior to the acquisition of such real property by the
Community redevelopment Agency."
This will allow CRA's the financial flexibility when
redeveloping real property, as there will be a binding offer
to redevelop prior to the CRA acquiring such real property.
(See attached)
2. Wastewater Re-use (See attached)
I will be meeting with Bob Federspiel and Bob Hagel to review
the contents.
3. Downtown Development Authority
A local bill to amend the legal description and change the
Board of Directors from five to seven members.
4. Annexation
Work to keep the ELMS bill language regarding annexation in
tact. . We have support from Linda Shelley, Secretary of the
Department of Community Affairs, and the League of Cities.
5. Tourist Development Tax
Closely monitor the Tourist Development Tax bills. There will
be several this session.
6. Business and Professional Regulation
File a bill regarding consumption of alcohol at sporting
events. Presently, only golf tournaments are allowed. We
need this rule for our tennis event.
One Capitol Place . 108 East Jefferson Street, Suite C . Tallahassee. FL 32301
(904) 222-0000 . Fax: (904) 222-0095
.,
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Kathleen E. Daley
& Associates, Inc.
C;OVER:\\\E:\TAL ,\l:r:,\rRS
AGREEMENT FOR LOBBYING SERVICES
As Governmental Affairs Consultant/Lobbyist for the City
of Delray Beach, I, Kathleen Daley, an equal partner of Kathleen
Daley, & Associates, Inc. , a public relations/political
consulting/governmental affairs firm, will continue to represent
the interest of the City before the Governor and Cabinet, State
agencies, and the Florida Legislature, which representation would
include attendance at all necessary House and Senate committee
meetings during each calendar year, necessary delegation meetings,
as well as the regular session and any relevant special sessions of
the Florida Legislature, and continue to monitor all legislation
affecting municipalities on behalf of the City of Delray Beach.
As Governmental Affairs Consultant/Lobbyist for the City
of Delray Beach, and managing partner of the account, working in
conjunction with the Delray Beach City Council, the Delray Beach
City manager, and other such staff persons within the City
Administration as they are related to my duties on behalf of the
City.
I will make myself available to the above-mentioned
persons and. offices on both regular and "as needed" bases for the
meetings and discussions related to my duties on behalf of the
City.
It is submitted that my services would be initially
contracted for a period of one ( 1 ) year from October 1, 1993 to
October 1, 1994, to be reviewed for renewal by the Commission at
1
One Capitol Place . 108 East Jefferson Street. Suite C . Tallahassee. FL 32301
. (904) 222-0000 . Fax: (904) 222-0095
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the end of said period.
Kathleen Daley & Associates, Inc. is willing to undertake
the foregoing representation on the following basis:
1. Kathleen Daley & Associates, Inc. will be paid a
retainer in the total amount of $48,000.00 for the contracted
period due in twelve (12) equal monthly installments payable by the
30th of each month beginning in October of 1993.
2. In addition, Kathleen Daley & Associates, Inc. will
be reimbursed for all vouchered out-of-pocket expenses, up to a
maximum amount of $4,800.00 incurred by me when such expenses are
in conjunction with City business. Such expenses,included, but may
not be limited to: lodging, transportation, meals, long distance
telephone, photocopying, postage, etc.
It should be noted that some such expenses may be pro-
rated on an "as used" bases and partially absorbed by other clients
of Kathleen Daley & Associates, Inc. who may require service
concurrent with the City of Delray Beach and incur some expenses
such as lodging and transportation concurrently with the City.
3. Reimbursement for expenses in excess of $4,800.00
will only be after being reviewed and expressly approved by the
City Commission. Expenses for recommended promotional items and
events relating to my duties on behalf of the City, such as printed
collateral materials and specific entertainment and/or educational
events, will be subject to approval by the City Manager and payable
by the City as additional expenses.
4. Any addi ti(;mal "special project" work which may be
2
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requested at any time by the City Commission or the Office of the
City Manager, and which falls outside of my realm of duty as
Governmental Affairs Consultant/Lobbyist for the City, will be
contracted for separately and on a special project bases.
5. Either the City of Delray Beach or Kathleen Daley &
Associates, Inc. , may terminate this agreement at any time,
pursuant to the following:
(i) If terminated by the City Delray Beach at any time
during the contracted period, for other than good cause, Kathleen
Daley & Associates, Inc. will retain the total amount of
$48,000.00, plus Kathleen Daley & Associates, Inc. will be
1
reimbursed by the City for any vouchered out-of-pocket expenses
incurred up to the date of termination subject to the provisions of
paragraph two (2 ) of this Agreement.
(ii) If terminated by the City of Delray Beach at any
time during the contracted period, for good cause, Kathleen Daley
& Associates, Inc. will retain a pro-rated to-date portion of the
total amount of $48,000.00, plus an amount equaling the total of
any out-of-pocket expenses incurred up to the date of termination
subject to the provisions of paragraph two ( 2 ) of this Agreement.
Good cause shall include but not be limited to the arrest of any of
the principals of Kathleen Daley & Associates, Inc. and/or conduct
by any of the principals of Kathleen Daley & Associates, Inc. which
may subject the City of Delray or Kathleen Daley & Associates, Inc.
to negative publicity which would hamper the effectiveness of
..,
Kathleen Daley & Associates, Inc. in fulfilling their obligations
3
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under this agreement.
(iii) If terminated by Kathleen Daley & Associates, Inc.
at any time during the contracted period, Kathleen Daley &
Associates, Inc. will retain a pro-rated to-date portion of the
total amount of $48,000.00, plus an amount equaling the total of
any out- of-pocket expenses incurred up to the date of termination
subject to the provisions of Paragraph Two (2 ) of this Agreement.
6. This Agreement shall be executed as an original and
three counterparts.
WITNESSES: KATHLEEN DALEY & ASSOCIATES, INC.
I
/- \
By: t I (, -) , /' , i\
KATHLEEN E. DALEY
ATTEST: CITY OF DELRAY BEACH, FLORIDA
By:
City Clerk Mayor
Approved as to Form:
City Attorney
4
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1993/1.. LEGISLATIVE AMENDMENT
, WHBRBAS, ~t ~s the public policy of the State of Florida a8
evidenced by Part III, Chapter 163 of Florida Statutes known &8 the
Community Redeve~opment Act of 1969 that certain real property
desiqnated as slua and bliqht be redeveloped' and iJDproved in order
to elimi.nate the spread of alum and blight and to provide a snore
secure and stable tax base for local government; and
WHBRBAS, ~n order to iJapl_nt the redevelopment of such real
property, Comaunity RedevelopDGnt Agencies have been vested with I
the power to acquire and d11lpose of real property lyinq .~thin
cOIIIluni ty redevelopment areas, and
lIHBRBAS , it is in the public's interest that Community
Redevelopment Agencies be p8:adtted to seek proposals from private
persons for redevelopment of such properties contemplated by the
community redeveloplent plana for acquisition and following an
evaluation of 8uch coap&titlve proposal. to adverti.se its intent to
d~spoae of such real property to the successful proposer in the
manner .pec::if~ed in Plorid, Statute8 Chapter 163.380 prior to such
real properti.. acquilli.tion thereby .in~.in9 the potential for
COmmunity Redev.loP-8nt Aqenci.. having to acquire real property
prior to hav~ng received 4 binding offer and ....ans fo~ the
d18posi.~.1.on and redevolopment of .neh real property, and
10IBRBAS , by pe~tt1ng C~ity Redevelopment: Aqencie. to
enter into b.1.nd.inq IlClX......nt. for the disposition of ~e41 property
for redltvelopment pu:r:polile. prior to the aCqu181t~on of same, fewe~
public funds wi.l.l be requix:ed to effect: such redevelopaent by
GBd Wd~:S E66T Fe: '6f"tj 68FS 9l.C: LBF : oON ::NJ-ld ol::lod 'I3r~ OM HB8~ : wcu~
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m~n~i.in9 the period of time that. Hucn real property would be
vested in t.he public seetor.
NOW, THSUIPORB, it is proposed that Section 163.370(1)(.)(7).
be added to Chapter 163 P10ridA IJtatute. to read as follows. [~'l'o
solicit requ..ts for proposals for redevelopment of parcels of real
property contemplated by the C<<=DlUU ty Redevelopaent Plan to be
acquired for redevelo~nt purpo... by the Coamuni ty RedeveloplMnt
AgencYJ to advert is. for tho d!.spositi.on of such . real property to
a priva~. person a. a result of th.above referred to request for 1
proposal.. in accordance wi.th Section 163.380 prior to the
acquisition o~ such real proporty by the Community Redevelopment
Aqency. II \
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I Aug. n 1993 4;37PM No. 4074 P. 2/4
Auaust 27. 1993
11:49 am
DRAI'T
W~ATKIl JUmSK LEGISUTlQN
Section 373.2_ - Wastewater Rouse
(1) Prior to Jannai)' 1, 1995, the department. in consultation with the water
manaaement districts, shall adopt rules for CODlUmptiYe use of water of 100,000 gaIlOJll or
~
more per day in a uitical water IRlpply problem area to require use of redSllim,..d dolD&tuc
I
wlL$cewater where available unless such use is not en\'iroDmePtaJly or tecbnoloaicallY
feasible. Critical water supply problem areas arc those areas desipated by the water
management districts as required by Section 373.0391(2)(0), Fla. StaL and Rule 17-40.401(5),
Fla. Adtnin. Code and adopted by rule.
(2) The requirements of this section. shall apply to domestic wastewater treatment
facilities located within, serving a population located within, or d~hargin8 within critical
water supply problem areas wbich are owned. operated, managod OJ' controlled by
govcnwu:uUll authortuea..
(3) This secdOD shall only apply to applicatioQS for tho use of wator for tho
following use classes: cemeteria, recreadoDa1 fadUdes, golt counos, uau.series,
gOVCIllll1eDuU 8I1d institutional facilities, c:oJDJDel"du ad industrial proccaca and cooUn&
and alt oon<litioning. The dcpatmODt may. by ~ d.,.pt. additional d&sacs of uses
mbjCClt to thIa rection.
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. Aut. 27. 1993 4:38PM No. 4074 P. 3/4
Aupt '1.7, 1993
11;49 am
(4) Rules adopted under this section shall allocate. unr.nmmittteJ. aud unall~d
reclaJmed wastewater to applicants subject to this Section before permitting use of water
, from higher quality croundwator or surface water sourcoa. Uncommitted shall moan tMl
the reclAimed wastewater provider is DOt contraA:tually oblisued to pl'OYide tbo wastewater
to a customer or user. Uoal1oc:ated aha11 mean that ~ goveroina board has not issued a
water use permit under this part for that wastewater. The rules adopted UDder this section
shall aIao pennit use of water from other SOUtc:es in emergency sitnaciODS or it the
I
waatewater becomes unavailable.
(5) The cost of providinS reclaimed wastewater for uso and allocation under this
se<:tion shall be allocated in a reasonable maoner. Each wastewater reuS\: pro\'ider shall
establish a. Wastewater Reuse Adjll5tment Board. The Board shall have the authority to
make a recommendation for the allocation of ~ts to the wastewater reuse facility among
the water/sewer system customers and users of the rodaimed Wa~r. The Board shall
consist ofthrec (3) membcl'$, appointed by the wutewatCIr reuse provider. One (1) member
must be from the daas of end users subject to this Section. One (1) member must be a
customer of the water/sewer system providing the reclaimed water but who is Dot a member
of tho c1aas of end w;ers. One (1) me~r 1IlU6t. be a fDCDlber of tho 8ovorJ.J..iQ8 body of rhe
wastewater reuse pmvider. The WMCCWater R~ Adjustmont Bo.d. 1h\\l1 provide a
recommendation any time the wastewater reuse providet sets or dlAnsct l"&toG for me
provision of reuse watel' or seuor ebaDaes the malUiOf in which mo COMa of providillg rcUR
water arc aUocated between end usefI oftbe rolaS6 water auld CUStOIDeta ottbl: wa~rlsewer
system providing the le\l&e water. 1'be Wastewa'--r R.WIO Acljuatnlcnt Boud ~h&UJ conduce
2
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. , . Aug. 27, 1993 4:38PI No, 4074 P. 4/4
Auggat'1:1, 1993
11:49 am
a public: hQring' to c:oDSider input from inteteltecl por&OtlS and shall mako a
recommendation for rates or allocati04 to tbo aovemiDg body of the W86towater roUle
provider. The re.eommendation is advisory only and th6 aovcming body of the wMtoWater
reuse provider shaD have the final authority to set ratol or allocate costs.
(6) For put})C)Ha of this Scdio.u, wutowa&cr ahall be prCJWllGd available to a
permit applicant when there exists a utility pr<Widing reclaimed wastewater which bal5
I
unallocated and uncommitted wastewater capacity and distribution facilities located within
ono thousand (1000) feet of the $ite of the proposed U&e. For purposes of this sect1on,
available wastewater shall also include wastewater &om wastewater treatment and
distribution facilities which are planned and under developmellt and arc anticipated to
actually be providing wastewater within one thousand (1000) feet of the proposed use during
the term of the permit. A wastewate.r treatment or distribution facility will be prcaumed
a\tailable if it ia included within the capital improvements element ot an approved local
government comprehensive plan for completion during the term. of the permit. In .the event
of such anticipated wastewater, the water use pennie iseucd ~ requiro <:onoectiOD to tbe
wastewater fac:ili&y at IUch timo M it ia available.
(7) Thf" *,ction applies to n.-w water uae permita and roaowala of exilling ~lOr
use permits.
3
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[ITY DF DELAAY BEA[H
CITY ATTORNEY'S OFFICE 200 NW 1s! AVENUE' DELRAY BEACH, FLORIDA 33444
FACSIMILE 4ll7/278-4755 Wr~t_r'. D~r_ct ~~n_
(407) 243-7090
MEMORANDUM
Date: September 23, 1993
To: City Commission
From: David N. Tolces, Assistant City Attorne~
Subject: Addendum No. 4 to Agreement with Bucky Dent Baseball
School
Attached for your approval is Addendum No. 4 to the agreement
between the City and Bucky Dent Baseball School. This Addendum
relieves the baseball school of its requirement to construct a
major-league baseball field and a multi-purpose auxiliary
field. The baseball school will continue to have maintenance
responsibility for the fields listed in the agreement. Bucky
Dent Baseball School will continue to maintain, at its own
cost, the original fields at Miller Park. The City will pay
the costs for the maintenance of the new fields. If, in the
future it is determined that the baseball school is doing
better financially, the parties will renegotiate the
maintenance responsibilities, with the intent that the baseball
school will maintain all of the fields. Approval of the
Addendum is recommended.
If you have any questions, please call.
DNT:sh
Attachment
cc: David Harden, City Manager
Cheryl Leverett, Executive Assistant
bucky.dnt
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[IT' DF DELRA' BEA[H
100 NW, 1st AVENUE . DELRAY BEACH, FLORIDA 33444 . 407/243-7000
MEMORANDUM
TO: David Harden
City Manager
FROM: Joe Weldon
Director of Parks and Recreation
SUBJECT: Baseball School Agreement - Addendum #4
DATE: September 21, 1993
Attached please find Addendum #4 of the lease agreement between the
Bucky Dent Baseball School and the City of Delray Beach. This Addendum
is necessary because the Baseball School is not able financially to
meet its obligations in the original agreement to build a major league
diamond and multipurpose field and to provide the maintenance for these
fields. The Baseball School has confided that it has lost money over
the last several years and is in danger of going out of business.
I think it is important to point out, however, that in 1988/1989 when
the City was renovating field #2, the Baseball School came forward with
a plan to make it a replica of Fenway Park in Boston. The Baseball
School matched the City's $40,000 with $147,000 of its own funds, and
we built what is now known as "Little Fenway," including a replica of
the Green Monster that is in left field of Fenway Park. The entire
complex was renovated to include irrigation, sod, fencing, dugouts,
etc.
I recommend this be put on City Commission agenda for their
consideration.
~
Parks and Recreation
cc: David Tolces
Assistant City Attorney
Ref:dhballag
THE EFFORT ALWAYS MATTERS
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ADDENDUM NO. 4 TO LEASE AGREEMENT
THIS ADDENDUM to the Lease Agreement of August 3, 1983, is
entered into by and between the CITY OF DELRA Y BEACH, FLORIDA
("Lessor") and BDBBS, INC, , ("Lessee") on this day of
, 1993.
WIT N E SSE T H:
WHEREAS, the Lessor and Lessee mutually covenant and agree
to amend and modify the Lease Agreement entered into on August
3, 1983 and as further modified in Addendum Numbers 1, 2 and 3
previously executed by the parties, in order to provide for new
responsibilities and obligations regarding maintenance of the
fields at Miller Park, and the construction of a major league
baseball----Ueld and multi-purpose auxiliary field at Miller
Park.
NOW, THEREFORE, in consideration of the mutual covenants,
stipulations and agreements herein contained, the parties agree
as follows:
1. The recitations referred to above are hereby in-
corporated herein.
2. Duties of Lessee. The Lessee, pursuant to the Lease
Agreement of August 3, 1983, and the Addendums to the Lease
executed subsequent to August 3, 1983, shall continue to
maintain fields 1, 2, 3, 4, and 7 at Miller Park as indicated
in Exhibit "A" at no cost to City. City shall contract with
.,
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Lessee for the maintenance of fields 5, 6, and 8 as indicated
in the diagram attached as Exhibit "A".
3. The City reserves the right to examine, audit, and
inspect all books, records, and documents regarding the
operation of the Lessees business with reasonable notice.
4. At such time when the Lessor determines through
:5..)J::F' c.. ~
examination of Lessee's records that Lessee has earued -a
oo.)O~ ~~ Ih.~~ ~
~Qasonable profit, the parties agree that they will renegotiate
the terms for maintenance of the fields as depicted in Exhibit
"A" .
5. The Lessee is hereby relieved of its obligation to
construct a "major league baseball field and multi-purpose
auxiliary field" at Miller Park as stated in Addendum No. 2,
dated January 7, 1991.
6. All other terms and conditions of the Lease Agreement
-----
of August 3, 1983, Addendum No. 1 dated October 17, 1988, or
Addendum No. 2 dated January 7 , 1991, and Addendum No. 3 dated
June 13, 1991, not in conflict with this Addendum shall remain
in full force and effect and are incorporated herein.
IN WITNESS WHEREOF, the parties hereto have set their
hands the day and year first above written.
CITY OF DELRAY BEACH, FLORIDA
ATTEST: By:
MAY 0 R
City Clerk
Approved as to legal form
and sufficiency:
City Attorney
2
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BDBBS, INC.
By:
Witness B. Michael Wiggins, President
Witness
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me
this day of , 1993, 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 is personally known to me/or has produced
-- (type of identification) as identification.
Signature of Notary Public -
State of Florida
Print, Type or Stamp Name of
Notary Public
bucky .agt
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EITY DF DELHAY BEAEN
100 N.W. 1st AVENUE . DELRAY BEACH. FLORIDA 33444 . 407/243- 7000
......
""-IcaClly
, III I!
1993
MEMORANDUM
TO: David T. Harden, City Manager
FROM: Robert A. Barcinski, Assistant City Manager~
SUBJECT: AGENDA ITEM # ~ If CITY COMMISSION MEETING
ANNUAL SIDEWALK SALE - TEMPORARY USE PERMIT
DATE: September 22, 1993
ACTION
City Commission is requested to approve, per LDR's Section
2.4.6(H), a temporary use permit for a sidewalk sale on October
29th and 30th, as requested by the Atlantic Avenue Association.
BACKGROUND
The Association is again sponsoring this annual event.
Merchants along Atlantic Avenue from I-95 to A-1-A will be
participating. The permit will allow the use of City sidewalks
for this purpose.
RECOMMENDATION
Staff recommends approval.
RAB:kwg
'6 t\
@ Printed on Recycled Paper THE EFFORT ALWAYS MATTERS ~))
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Agenda Item No. :
AGENDA REQUEST
Date: q/22/q1
Request to be placed on:
X Regular Agenda Special Agenda Workshop Agenda
When: 9/28/93 t~
Descriptlon of agenda item (who, what, where, how much): Atlantic Avenue
Merchant's Association request for a Te~orary Use Permit to hold their Annual
~;np~~lk ~~lp nn O~rnhpr ?9rh ~nn 30rh
ORDINANCE/ RESOLUTION REQUIRED: YES/~ Draft Attached: YES/NO
Recommendation: /ff~~ /aJ~
Department Head Signature: 2~nfi~
Determination of Consistency with Comprehensive Plan: ,;V/n
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: 82/ NO J1
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
.,
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Allanite Avenue ~~
Stnbll an 64 SOUTHEAST FIFTH AVENUE. DELRAY BEACH, FL 33483 · 407/278-0424
~$. 1
.i.tglna .
tf:fj~ September 20,1993
~~ Mr. David Harden
City Manager
100 NW 1st Avenue
Delray Beach, FL 33444
RE: Fall Fest Sidewalk Sale
Dear Mr. Harden,
The Atlantic Avenue Association requests the approval of the City
to host the Annual Fall Fest Sidewalk Sale on October 29th and 30th
on Atlantic Avenue from 1-95 to AlA.
We look forward to your favorable reply.
Cordially,
Bill Wood, Pre ident
Delray Beach Chamber of Commerce .
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[IT' DF DELIA' BEA[H
100 N.W. 1st AVENUE . DELRAY BEACH, FLORIDA 33444 . 407/243- 7000
tda.II
........CIIy
, IUI!
1993
MEMORANDUM
TO: David T. Harden, City Manager
FROM: Robert A. Barcinski, Assistant City Manager tIP
SUBJECT: AGENDA ITEM # <6 r CITY COMMISSION MEETING 9/28/93
ART AND JAZZ ON THE AVENUE - TEMPORARY USE PERMIT
DATE: September 22, 1993
ACTION
City Commission is requested to approve a temporary use permit,
per LDR's Section 2.4.6(H), with the Joint Venture to allow
vendors to utilize public sidewalks and Veterans' Park on
October 28, 1993, for Art and Jazz on the Avenue.
BACKGROUND
The Downtown Joint Venture will be sponsoring another Art and
Jazz on the Avenue on October 28, 1993. They are requesting
permission to allow a limited number of vendors to set up on
public rights-of-way (sidewalks) to sell nonalcoholic
beverages. They feel that this will enhance the event and
provide a greater opportunity for our visitors to obtain
refreshments as they stroll the Avenue. They are also
requesting the use of Veterans' Park for a Line Dancing event.
RECOMMENDATION
Staff recommends approval.
RAB:kwg
aT
@ Printed on Recycled Paper THE EFFORT ALWAYS MATTERS
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Agenda Item No.:
AGENDA REQUEST
Date: 9/22/93
Request to be placed on:
X Regular Agenda Special Agenda Workshop Agenda
When: 9/28/93 ~Dn~
Descriptlon of agenda item (who, what, where, how much): Downtown Joint
Vf'ntllTP TPQllP!':1'" for a TeIllPorary Use Permit to utilize public sidewalks and Veterans'
PRrk on Octoher 28. 1993 for Art and Jazz on the Avenue. They are request1ng
pprm;!':!':;on 1'"0 Rllow a limited number of vendors to set up on public rights-of-way
(!':;n~walk8) to sell nonalcoholic beverages. Line Dancing to be held at Vererans' Park.
ORDINANCE/ RESOLUTION REQUIRED: Y~S/~:) Draft Attached: YES/NO
Recommendation: ~pp.l~ rze~n ut
Department Head Signature: ~A~L SI~-3h-3
Determination of Consistency with Comprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds):
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for agenda: @/ NO~
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
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September 21, 1993 ~
Mr. Bob Barcinski
Assistant City Manager
City of Delray Beach
100 NW 1st Avenue
Delray Beach, FL 33444
RE: ART AND JAZZ ON THE AVENUE
DOWNTOWN JOINT VENTURE - STREET VENDORS
Dear Bob:
The Downtown Joint Venture is planning to hold Art and Jazz on the Avenue on
October 28, 1993 from 5:00 pm to midnight. In order to conduct this event, we would
like the City's permission for the following uses of public property.
1. We would like permission to utilize the area of public sidewalks for food
and non-alcoholic beverages from 5:00-9:00 pm as listed below:
Location Group Item
Hand's Office Supply Kiwanis Frozen Bananas
Empty Store CA. George) Jack and Jill Popcorn/peanuts
Atlantic High Iced tea/sodas
Colony Hotel Rotary Club Shaved Ice
Veterans Park Sunshine Events Snowcones
Lemonade/sodas
Mark,Fore,Strike Exchange Club Icecream
Sister Cities Iced tea/sodas
Sun Bank Parking Lot Sweet Street Cafe Coffees
Meier Leman Sunshine Events Lemonade
2. Weare also asking your approval to utilize Veterans Park for use of
musical entertainment, including a 7:15 pm "Highlight" of the evening;
Line Dancing for approximately 45 minutes.
DELRA y BEACH JOINT VENTURE' Community Redevelopment Agency' Delray Beach Chamber of Commerce' Downtown Development Authority
64 SE Fifth Avenue, Delray Beach, FL 33483 . Tel: 407-278-0424 . Fax: 407-278-0555
" .I"OJ'.
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The Downtown Joint Venture will make sure the area is controlled and kept clean of
litter.
Thank you for your consideration in approval of these requests. "
Sincerely,
~v-V
MaIjorie Ferrer
Downtown Coordinator
Delray Beach Joint Venture
cc: Joe Weldon, Parks and Recreation Department
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[IT' DF DELIA' BEAEN
100 N,W, 1st AVENUE . DELRAY BEACH, FLORIDA 33444 . 407/243-7000
.....
AI AlBlcaClly
, III I!
1993
MEMORANDUM
TO: David T. Harden, City Manager
FROM: Robert A. Barcinski, Assistant City Manager I~
SUBJECT: AGENDA ITEM # <t 3" CITY COMMISSION MEETING 9/28/93
SPECIAL EVENT - KITE FESTIVAL - NONEXCLUSIVE LICENSE
DATE: September 22, 1993
ACTION
City Commission is requested to approve a Kite Festival
sponsored by the Sister Cities Committee on 10/9/93 from 1-4
p.m. and authorize, per Section 101.25(c) of the Code, a
nonexclusive license to Brighton Kite Company to sell kites on
this date from the beach pavilion.
BACKGROUND
As part of the activities for Heritage Month, the Sister Cities
Committee is sponsoring a Kite Festival on the beach on October
9th. Activities will include a demonstration of Japanese kite
building, a kite flying exhibition, and kite contests for
children. Kite building demonstrations and sale of kites would
take place in the pavilion at Atlantic Avenue.
RECOMMENDATION
Staff has reviewed this request and recommends approval.
RAB:kwg
~ -:J
@ Printed on Recycled Paper THE EFFORT ALWAYS MATTERS rt- .J>
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Agenda Item No.:
AGENDA REQUEST
Date: 9/22/93
Request to be placed on:
X Regular Agenda Special Agenda Workshop Agenda
When: 9/28/93 ~DI)~ .en:t-
Description of agenda item (who, what, where, how much) : Sister Cities
Committee request permission to hold a Kite Festival on the beach on 10/9/93. Also,
they request permission to issue a non-exclusive license to Brighton Kite Company
to sell kites on this date from the beach pavilion.
ORDINANCE/ RESOLUTION REQUIRED: Y2S/~ Draft Attached: YES/NO
Recommendation: ---4 P fk b v<- (l.c.~. (~4
Department Head Signature: ~A/.d~ 9h3/'3
Determination of Consistency with Comprehensive Plan: ,rJ /.-9
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: f!J/ NO tr1
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
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September 17, 1993
Mr. Bob Barcinski
Assistant City Manager
City of Delray Beach
100 N.W. 1 at Avenue
Delray Beach, FL 33444
RE: HERITAGE FESTIVAL
SISTER CITIES COMMITTEE - KITE FESTIVAL
Dear Bob:
For the Heritage Festival, the sister cities Committee is planning
to hold a Kite Festival on October 9, 1993 from 1:00 to 4:00 p.m.
In order to conduct the Festival, we would like the City's
permission for three items of approval on public property.
1. We would like permission to utilize the area of the public
beach, south of the beach pavilion for the pUblic to fly kites
and to conduct kite flying demonstrations.
2. We are also asking your approval to utilize the beach pavilion
as a central area for the Festival administration including
kite-making demonstrations, and judging for contests.
3. In addition, we would like permission for kites to be sold out
of the pavilion or in an area around the pavilion.
The Sister cities Committee will make sure the area is controlled
and kept clean of litter.
Thank you for your consideration in approval of these requests.
sincerely,
~~~ zV'~
william F. Wilsher
Chair
sister cities Committee
WFW:jcw
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # ~ - MEETING OF SEPTEMBER 28. 1993
APPROVAL OF COLLECTIVE BARGAINING AGREEMENT/POLICE BENE-
VOLENT ASSOCIATION
DATE: September 24, 1993
This item is before you to approve the Police Lieutenants contract as
represented by the Police Benevolent Association. The contract has
been voted on, however, we have not received the results. Staff
anticipates having formal notification by Monday, September 27th and
will make a verbal report at Tuesday evening's meeting.
Recommend approval of the collection bargaining agreement for the
Police Lieutenants as represented by the Police Benevolent
Association, subject to the receipt of formal notification of approval
from the PBA.
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MEMORANDUM
TO: David T. Harden, City Manager
FROM: Ned Gusty, Interim Human Resources Director \h.
SUBJECT: LIEUTENANTS CONTRACT
DATE: September 23, 1993
The Human Resources Department and Administrative Staff from the Police
Department have completed negotiations for a successor agreement for
the Lieutenants bargaining unit in as represented by the Florida
Police Benevolent Association (PBA).
The negotiation process was considerably delayed time wise as to the
jurisdictional right to represent the employees between the Fraternal
Order of Police (FOP) and the PBA.
The City Attorney has reviewed and approved as to form the attached
agreement. The significant changes are listed as follows;
l. Contract term shall be from October I, 1992 through April 30,
1994
2. Recognizes the PBA as the certified bargaining agent for the
Lieutenants bargaining unit.
3. Incorporates by reference all terms and conditions of employment
in the current contract with the PBA for the Patrol Officer and
Sergeants with the exception of the following articles.
A. Article 10 - Hours of Work and Overtime
This section allows for an employee who performs two or more
different kinds of work for which different straight time
hourly rates are established, to be paid during the overtime
hours at the rate established for the type of work the
employee is performing during such overtime hours.
B. Article 11 - Wages
Establish a push out of 5% in the pay range maximum similar to
the Patrol Officer and Sergeants contract and allow for a 0-5%
pay adjustment.
C. Article 26 - Seniority
Changes the layoff procedure language to make consistent with
the Road Patrol and Sergeants contract.
The PBA shall hold a ratification meeting prior to the next regularly
scheduled meeting of the City Commission. We shall apprise you of
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the results of that vote. In anticipation of PBA ratification of this
agreement may we request this contract be placed on the City
Commission Agenda for September 28, 1993.
NG/pf
cc: Susan Ruby, City Attorney
Richard Overman, Police Chief
Richard Lincoln, Police Major
EG.DOCpg88
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CONTRACT
Ending April 30, 1994
[LIEUTENANTS]
City of Delray Beach, Florida/Police Benevolent
Association
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PREAMBLE
This Agreement is entered into by the employer, the City
of Delray Beach, Florida, a Florida municipal corporation,
hereinafter referred to as "City", and the Police Benevolent
Associaton, hereinafter referred to as the "P.B.A.", for the
purpose of promoting harmonious relations between the City and
the bargaining unit represented by the P.B.A., hereinafter
referred to as "members" or "employees", to establish an
orderly and peaceful procedure for settling differences which
might arise and to set forth the basis and full agreement
between the parties concerning rates of pay, wages, hours of
work, and other conditions of employment. The terms,
provisions, and conditions of this Agreement shall have no
retroactive effect, but shall only commence upon the effective
date of this Agreement unless a specific article or provision
of this Agreement provides otherwise.
1993 Delray Beach/PBA - Lt. 9/20/93
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ARTICLE 1
RECOGNITION
Section 1
The City of Delray Beach recognizes the Police Benevolent
Association ( the P. B . A. ) as the certified bargaining agent for
all employees in the bargaining unit for all matters relating
to wages, hours, and terms and conditions of employment.
Section 2
The bargaining unit represented by the P.B.A. under thi s
Agreement shall include all sworn employees of the Police
Department within the rank of lieutenant. Excluded from the
bargaining unit shall be all non-sworn employees of the Police
Department, the Chief of Police, majors, captains, sergeants,
officers, and employees assigned to Internal Affairs.
Section 3
Terms and conditions of the City of Delray Beach contract
with the Florida Police Benevolent Association for patrol
officers and sergeants dated April 2, 1993 and ending September
30, 1994, as it existed at the date of City Commission
approval, shall be incorporated herein except for the following
articles:
Article 10, Hours of Work and Overtime; Article 11,
Wages; Article 26, Seniority; and Article 42,
Duration, Modifications and Termination.
1993 Delray Beach/PBA - Lt. 9/20/93
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The parties agree to incorporate the revised Articles 10, 11,
26 and 42 which are attached hereto.
1993 Delray Beach/PBA - Lt. 9/20/93
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ARTICLE 10
HOURS OF WORK AND OVERTIME
Section 1
The normal working hours per day for regular full-time
employees shall be eight (8) hours which includes one-half
(1/2) hour for paid meal period. The normal working hours per
day for regular full-time employees assigned non-shift work
(including the Investigative Division, Community Relations
Unit, Training Unit, and Internal Affairs) shall be nine (9 )
hours which includes one hour for an unpaid meal period.
However, the hours of work scheduled may, as required by the
Police Chief, be extended beyond the eight (8) hours or nine
(9) hours, respectively, to the extent necessary to include any
additional time scheduled for meal periods. Any additional
meal time beyond the one-half (1/2) hour scheduled for eight
(8) hours employees for meal periods shall be non-compensated
time.
Section 2
It is recognized and understood that deviations from the
foregoing normal schedules of work will be necessary and will
unavoidably result from several causes, such as but not limited
to: rotation of shifts, vacation, leaves of absence, weekend
and holiday duty, absenteeism, employee requests, temporary
1993 Delray Beach/PBA - Lt. 9/20/93
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shortage of personnel, and emergencies. No such deviation
shall be considered a violation of this contract.
Section 3
For all employees the scheduled work day shall be broken
down into fifteen (15) minute segments. An employee shall be
noted as late for work if he/she does not report ready for work
at his/her work station at his/her starting time. If an
employee reports for work late, eight (8) minutes or more after
the scheduled time, he/she shall be docked in major segments of
one-quarter (1/4) of an hour.
Section 4
The City agrees to pay overtime at the rate of time-and-
a-half based on a 14-day work cycle. This work cycle shall
coincide with the bi-weekly pay periods. Overtime compensation
will be computed at the end of each 14-day work cycle with
compensation for same being on the following paycheck. In the
computation of such overtime compensation, employees shall
receive credited hours for any vacation days or holidays which
may occur within the pay cycle.
Section 5
A. Both parties hereto agree, and the P.B.A. acknow-
ledges, that the City has declared members of the bargaining
unit to be "7(k)" employees for purposes of application of the
Fair Labor Standards Act. Forms acknowledging this fact for
1993 Delray Beach/PBA - Lt. 9/20/93
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each individual employee shall be provided by the City for
acknowledgment by the employee. Employees will be compensated
at the rate of time-and-a-half based on an eighty (80) hour
14-day work cycle, which includes the one-half (1/2) hour paid
meal time per day but excludes any additional time scheduled
for meal periods for eight (8) hour employees, for hours
actually worked or otherwise credited above the eighty (80)
hours worked during the 14-day work cycle. Employees working
less than the normal scheduled shift during a 14-day work cycle
who are called in to work during hours other than their normal
schedule, shall receive overtime at straight time rates for
those hours until the eighty (80) hours worked per 14-day work
cycle has been exceeded.
B. An employee who performs two (2) or more different
kinds of work for which different straight time hourly rates
are established, shall be paid during the overtime hours at a
rate not less than one and one-half times the non-overtime rate
established for the type of work that the employee is per-
forming during such overtime hours.
Section 6
Credit towards overtime shall not be accrued until an
employee has worked eight (8 ) or more minutes beyond his/her
normal schedule for the day. Once that eight (8) or more
minutes has been worked, he/she shall accrue overtime credit
for that fifteen (15) minute segment and subsequently for any
1993 Delray Beach/PBA - Lt. 9/20/93
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additional fifteen (15) minute segments, computed in a like
manner.
1993 Delray Beach/PBA - Lt. 9/20/93
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ARTICLE 11
WAGES
Section 1
It is agreed between the parties that for the duration of
this agreement the salaries of bargaining unit employees upon
execution of this Agreement, shall be as follows:
Lieutenant - Salary range - $35,413.87 (minimum) to
$53,943.49 (maximum) .
Section 2
During the term of this agreement, employees of the
bargaining unit shall be eligible to receive an individual per-
formance increase being in the range of 0% through 5%
inclusive, payable retroactively to the anniversary date of the
bargaining unit member. Such individual performance increases
shall be received on the same City-wide terms, conditions, and
subject to the limitations applicable to other City employees,
excepting:
1. Said individual performance increases shall be
granted pursuant to the Police Department's employee
performance evaluation criteria and forms as deter-
mined by the City; and
2. Employees shall also be eligible to receive incentive
increases in accord with City Policy.
3. The performance increase shall be paid as of the
employees anniversary date as determined by the City.
The City-wide procedures on individual performance increases
may be changed from time to time and when such changes are
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made, they shall be applicable to the employees in the bargain-
ing unit. The City agrees to not change such published
employee performance evaluation criteria for non-probationary
employees during the term of the evaluation period without
providing prior notice to the affected employees. The parties
agree that although the City will not adjust the ratings
received by employees on their evaluation sheets, it will be
necessary to adjust the actual percentage of the individual
performance increase that said employee receives, under a
methodology determined solely by the City, in order to assure
that the total amounts granted during the course of the
contract year of individual performance increases for the
entire Police Department do not exceed the funds budgeted for
this purpose.
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ARTICLE 26
SENIORITY
Section 1
The City agrees that seniority shall consist of continuous
accumulation of paid service with the Department. It shall be
computed from the date of employment with the Department.
Seniority shall accumulate during all approved leaves of
absence of thirty (30) days or less and during approved leaves
of absence of less than one ( 1 ) year when such leaves are due
to job related illness or injury.
Section 2
Subject to the approval of the Police Chief and City
Manager, the choice of vacation periods shall be as follows:
Vacation periods shall be chosen on the basis of
seniority. Seniority for the choice of vacation shall be
calculated based on the beginning date of an employee's most
recent period of continuous paid service with the Police
Department. If more than one employee started with the Police
Department on the same date, then seniority for those employees
shall be established based on the date they filed an appli-
cation for employment. If more than one employee filed an
application for employment on the same date, seniority for
those employees shall be based on the alphabetical order of
their last names.
1993 Delray Beach/PBA - Lt. 9/20/93
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Section '3
In the event of layoff for any reason, the employees shall
be laid off in the inverse order of seniority in their classi-
fication only. Employees who are affected by a layoff and have
received satisfactory performance evaluations during the year
preceding the layoff, shall have the opportunity to bump.
Employees shall be recalled from layoff in the inverse order of
layoff (last out, first back) if said employees to be recalled
are physically qualified to perform the work available at the
time of recall. The City further agrees that no new employees
in a particular classification will be hired for one ( 1) year
or until all employees in that particular classification on
layoff have been given the opportunity to return to work,
whichever comes first, in accordance with the provisions of
this article. "Recall" from layoff shall mean notifying a laid
off employee to return to work by registered mail sent to the
last address listed with the Department as his home address or
by giving a laid off employee personal notice to return to
work. If the affected employee has not responded to recall
within three (3) work days of the return receipt date on the
recall notice or if the recall notice is returned by the Post
Office to the City due to inability to locate the addressee, or
if the affected employee has not responded to personal notice
recall within three (3) work days, then that employee shall be
considered to have refused recall.
1993 Delray Beach/PBA - Lt. 9/20/93
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ARTICLE 40
DURATION, MODIFICATION, AND TERMINATION
This Agreement shall be effective from October 1, 1992 and
continue through April 30, 1994, subject to being reopened for
negotiations as follows:
1. Written notice given by either party of intentions to
reopen negotiations. Such written notice shall be issued
on or before February 1, 1994 for negotiations to commence
not earlier than February 15, 1994. Upon the failure by
the P.B.A. to give proper notice within the times set
forth above, then the P. B . A . shall have waived its right
to bargain for rates of pay, wages, hours of work, and
conditions of employment, and this Agreement and the terms
and provisions contained herein shall automatically be
extended for the period April 30, 1994 through September
30, 1994.
2. If the P.B.A. has provided proper notice as set forth
above and the parties have not executed a written agree-
ment by the expiration date hereof, i.e. , April 30, 1994,
then the terms and conditions of this contract shall
nonetheless continue in effect.
1993 Delray Beach/PBA - Lt. 9/20/93
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ARTICLE 44
EXECUTION OF AGREEMENT
In executing this Agreement, the Chairman of the Labor
Committee, Police Benevolent Association, and bargaining
representative of the P.B.A. represent that they have made the
bargaining unit employees aware of their responsibilities
individually and collectively under this agreement at a
regularly scheduled meeting of the organization and that by an
affirmative vote of a majority of the membership present and
voting, the individuals executing this agreement have been
authorized by the membership to take such action.
Dated this day of , 1993.
ATTEST: CITY OF DELRAY BEACH, FLORIDA
By:
City Clerk City Manager
Approved as to form and
legal sufficiency:
City Attorney
Dated this day of , 1993.
ATTEST: POLICE BENEVOLENT
ASSOCIATION
By:
Chairman, Labor Committee
1993 Delray Beach/PBA - Lt. 9/20/93
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CI TY MANAGER tJ7t1
SUBJECT: AGENDA ITEM it ~L - MEETING OF SEPTEMBER 28. 1993
AUTHORIZATION TO SUBMIT GRANTS APPLICATION/FLORIDA REC-
REATIONAL DEVELOPMENT ASSISTANCE PROGRAM
DATE: September 24, 1993
This item is before you to authorize staff to submit an application
for grant funding in the amount of $100,000 to be used to replace the
municipal swimming pool, bathhouse and restrooms at Pompey Park. At
present, the estimated cost for this project is $500,000. Funding for
the City's share of this project has been identified in the General
Construction Fund.
Recommend approval of the request for authorization to submit an
application for grant funding to the Florida Recreational Development
Assistant Program.
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Agenda I tem No.:
AGENDA REQUEST
Date: September 17. 1993
Request to be placed on:
XXX Regular Agenda (Consent)
Special Agenda
Workshop Agenda When: September 28. 1993
Description of item (who, what, where, how much): Request City Commission
approval to submit a grant application to the Florida Recreation Development
Assistance Program to obtain a grant of $100.000 to assist in the reolacement
of our municipal swimmin2 0001. bathhouse and restrooms at Pompp-y Park.
This project is listed in our FY 93-94 Capital Improvement Schedule. Local
funds have been identified in the General CaDi tal Improvement Fund. Total project
cost is estimated at $500.000.
(Example: . Request from Atlantic High School for $2,000 to fund
project graduation).
ORDINANCE/ RESOLtr.I.'IOH REQUIRED: YESS Draft Attached: YES/NO
Recommendation: Approval to submit
(Example: Recommend approval with funding from Special Events Account i
No. 001-3333-555-44.55).
Department Head Signature:
City Attorney Review/ Recommend N/A
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" on all items involving expenditure
Budget Director Review (required
of funds):
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review: I
@/ NO t1VJ
Approved for agenda: I
Hold Until: I
I
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action: Approved/Disapproved
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~h7 ~nt~ ~
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MEMORANDUM
TO: David T. Harden, City Manager
FROM: Joe Weldon, Director of Parks and Recreation ~
DATE: September 17, 1993 I
SUBJECT: REQUEST CITY COMMISSION APPROVAL TO SUBMIT GRANT APPLICATION
TO THE FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM
(FRDAP)
Doug Randolph has researched and is working on a proposal that would
allow us to obtain upwards of $100,000 from FRDAP to assist in the
replacement of the City's 37 year old municipal pool, bathhouse and
restrooms at Pompey Park.
This project is listed in our FY 93-94 Capitol Improvement Schedule at a
total estimated cost of $500,000. The City has identified funding for
this work in the General Capital Improvement Fund. The opportunity to
obtain partial funding from the State under the FRDAP Program should be
pursued.
With the above in mind Iam asking that this item be placed on the
agenda for consideration by the City COImnission at their meeting on
September 28, 1993.
DGR/JW/POMP-P
attachments
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FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
FLORIDA RECittA TION DEVELOPMENT ASSISTANCE PROGRAM
DEP USE ONLY
RECEIVED:
POSTMARKED:
APPL. NO.:
Complete in full and submit three copies of form and all attachments. Forward to:
Bureau of Local Recreation Services
Division of Recreation and Parks
Department of Environmental Protection
Mail Station #585
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
PART I.
A. APPLICANT INFORMATION
l. Name of Applicant: City of Delray Beach
2. Federal Employment Identification Number: 59-6000-308
3. Population: 47,181 (1990 U.S. Census)
4. Current OpenrtingBudg&: $36,044,700 (Approved General Fund 92-93)
This is the operating budgetfor the City, County or special district. not just the department budget.
5. Contact Person: Joe Weldon
The contact person should be someone who will handle direct contact with DEP, if funding for the
project is approved.
Title: Director of Parks and Recreation
Address: 50 N.W. 1st. Avenue, Delray Beach, Florida 33444
40~ 928-7252 FAX:407/243-3774
Telephone: ( 243-7250 SUNCOM: I hereby certifY that the information provided in this application is true and accurate. I further certify that I
possess the authority to apply for this grant on behalf of the applicant.
Signature of Authorized Representative Date
City Manager
DEP Form #42-010 3
Revised 6/93
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B. PROJECT INFORMATION
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1. Name of Project: Renovation/rebuilding of municipal swimming pool at Pompey Park
2. a. Project Type (Check One): Development: XXX On land owned by applicant
_ On land under site control by applicant
Date site control expires:
Acquisition: _
b. If Development (Check One): _ New construction XXX Renovation - Combination
3. Project Location: City Delray Beach County Palm Beach
If the project is not located in a city. list the city nearest to the project site.
4. Legislative districts in which the project site is located: These should be the districts in which the proposed
project site is located. If you "are not sure of the district. contact your local office of the Supervisor of
Elections.
State Senate 30 State House 88
5. Briefly describe the project site. Include land resources. vegetation. fISh and wildlife. historical.
archeological resources and transportation access as well as other pertinent information..
The swimming pool is located within a 17.5 acre City Park which is situated
within a minority neighborhood at 1101 Northwest Second Avenue, Delray Beach,
Florida. The Park is named after C. Spencer Pompey a black educator and
community leader who is still active in civic affairs. This swimming pool
was built 37 years ago and was one of the first municipal pools to be built
in South Florida in a predominately black neighborhood. This is the only
municipal pool in Delray Beach and it accommodates some 2000 swimmers per
week.
In addition to the pool, Pompey Park offers a variety of other recreational
and social activities. The main Recreation Center hosts both After School and
Summer Youth Programs. The Center has an auditorium with stage, kitchen.
gameroom, library and gym. Outdoor facilities include little league and
regulation baseball fields. basketball courts. and lighted tennis and raquet-
ball courts.
Support facilities include restrooms. bathhouse(pool). concession stand and
parking for 230 cars.
DEP Form #42-010 4
Revised 6/93
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C. FINANCIAL INFORMATION
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1. Total Cost of Proposed Project: $ 500,000
2. FRDAP Funds Requested: $ 100,000
3. Local Funds Available:
a Cash: $ 400,000
b. In-Kind: $ N/A
c. Land Value~ $ N/A
Total Local Funds Available: $ 400.000 (General Capital Improvement Fund)
Revisions to the requested grant amounts may be made due to the limited amount of
authorized program funds.
EXAMPLE
#1. Total Cost of Proposed Project: $ 300,000,00
#2. FRDAP Funds Requested: $ 1 ~,DDD.DD
#3. Local Funds Available:
a Cash $ lDD,DDD.DO
b. In-Kind $ 5,000.00
c. Land Value $ '15,000.00
Total Local Funds Available: $ 1 ~,DDO,OO
DEP Form #42-010 5
Revised 6/93
'.
4. Project Cost Estimate (COMPLETE ONLY FOR DEVELOPMENT PROJECTS): For each category, list in
priority order the quantity arid'i;YjJe of areas and facilities to be developed in the proposed project. If land
value is used as match, it should be included under primary cost. Primary costs include all recreation
facilities and opportunities. Parking, restrooms. and planning should be listed under support costs. Attach a
separate sheet if needed.
PRIMARY RECREATION AREAS AND FACILITIES
Estimated
Quantity Description Cost
1 45'x 75' Swimming Pool with
Bathhouse and Restrooms...................... $446,000
1 Aqua-Lift Unit............................... $ 4,000
(Assistive device for physically challenged)
Total Primary $ 450,000
SUPPORT FACILITIES AND IMPROVEMENTS
Estimated
Quantity Description Cost
--- Planning, Design, and Specifications......... $ 50,000
Total Secondary $ 50,000
DEP Form #42-010 TOTAL PROJECT COST $ 500.000
6
Revised 6/93
.,
..
PART II.
A. GENERAL EV ALUA TIOrtCRITERIA
1. Is the proposed project identified in the applicant's capital improvement plan or schedule? If "Yes"
provide a copy of the five-year capital improvement schedule which clearly indicat,es the proposed project
included:
- No JOOL Yes (Copy attached)
2. Explain how the proposed project would implement one or more of the outdoor recreation goals, objectives
and priorities specified in the currently effective state comprehensive outdoor recreation plan. Use Chapter
8 (pages 143-155) and/or Chapter 9 (pages 157-180) in Outdoor Recreation in Florida -1989 (SCORP):
This project is consistent with statements found in Chapter 8, Issue II, pp.148-149,
indicating that a need exists throughout the State to optimize the use of existing
recreational facilities. This project will also ensure that the [CONTINUED BELOW]
3. List the priority resource/facility needs proposed in the project which are included in applicant's planning
region as specified in the state comprehensive outdoor recreation plan.
(Use the 1987 Relative Need Index in Outdoor Recreation in Florida - 1989 on page 183):
_saltwater beach _bicycling
_freshwater beach _horseback riding
_saltwater fishing (no boat) _nature study
_freshwater fishing (no boat) .JQOLswimming pool
_saltwater fishing (boat) golf
_freshwater fishing (boat) _tennis
_saltwater boating or canoeing _shufileboard
_freshwater boating or canoeing _basebaIJ/softball
_historical/archaeological site _footbaIJ/soccer
_hiking _basketball
--picnicking
_handbalJ/racquetball
_camping
PART II. Item A2 - CONTINUED
pool, bathhouse, and restrooms are fully accessible to the physically disabled as
per the 1990 Americans with Disabilities Act. These issues are addressed in Chapter
8, page 151 under Goals and Objectives.
Stated in Chapter 8, Issue III, p.155, as one of the Goals and Objectives is to
ensure funds are made available toward meeting priority needs as identified in
local comprehensive plans. We have documented this to be the case with our project.
Delray Beach participated in a Department of Natural Resources study in 1989
relative to facility needs within the State. It was determined that for cities the
same size as Delray Beach (Density 3) swimming pools were ranked second as a
priority for renovation and repairs. Swimming pools continue to rank at the top of
the needs list in many areas of the State including our Region X (SCORP, addendum 8,
table A8.2, p.A93).
DEP Form #42-010 7
Revised 6/93
.,
..
4. Indicate which of the following apply: N/A
.. .l.. .~ ~
.
_ a. A pre-advertised announced public meeting was held for the sole purpose of discussing the proposed
project. Attach a copy of proof of publication for the advertisement. Meeting must be for the SOLE
PURPOSE of discussing the projut proposed in the application.
_ b. The project was discussed at a regularly scheduled meeting of the applicant's advisory board.
Provide a copy of the agenda and/or the minutes of the advisory board meeting(s) where this project
was discussed. The board must be an appointed board of citizens, such as parks and recreation advisory board.
who would normally review projects similar to the proposed grant application. Discussion must
take place at a regularly scheduled meeting. Planning and zoning or similar boards may be used if a
parks and recreation advisory board does not exist.
_ c. Public input on the proposed project was obtained through presentations to community organizations,
neighborhood associations and/or a written opinion survey. Provide documentation (agenda or
minutes) showing that presentations were made to community organizations or groups OR provide a
copy of the survey instrument, a summary of the results, and explain how the results relate to the
proposed project.
5. Is the proposed project for linear park purposes? If "Yes H, list and briefly describe the linear park
feature(s) and the areas which will be connuted by the proposed project:
--XXX- No _Yes
6. Is the proposed project for preservation purposes (e.g. historic, archaeological, cultural etc.)?
This question addresses preservation of historic. archaeological and/or cultural sites. Contact the
Department of State at (904) 487-2299 if this applies to your proposed project. A copy of the letter from the
Department of State must be attached to verify a "Yes" response to this question.
~No _Yes
7. Does the applicant have a full-time recreation and/or park department staffed to provide facility
development, programming and maintenance of the proposed project? If "No. " describe the resources
available for development, operation and maintenance of the site upon completion of the proposed project:
_No -XXX- Yes
DEP Form #42-010 8
Revised 6/93
.,
,.
B. DEVELOPMENT CRITERIA (COMPLETE ONLY FOR DEVELOPMENT PROJECTS)
. .~~ -, .
1. List the existing facilities/improvements on the project site: The Pompey Park Facility is a many
faceted multi-use complex. The main Recreation Center has an auditorium and stage,
kitchen, gameroom, library and gym. Outdoor facilities at this 17.5 acre park include
little league and regulation baseball fields, basketball courts, lighted tennis and
raquetball courts, swimming pool, shower facilities, restrooms and concession stand.
2. List the new or additional types of outdoor recreation facilities/opportunities which will be provided
by the proposed project:
Our project will serve to bring to our citizens a modern and fully accessible
swimming pool facility which should improve overall usage and encourage use by
those ~n our community who are physically disabled.
3. List any existing types of outdoor recreation facilities which will be renovated by the proposed
project:
Our project is to rebuild the existing municipal swimming pool facility including
bathhouse with restrooms on the same site as it currently sits within Pompey Park.
We will add an assistive device to the side of the pool to allow the physically
disabled access to the pool.
4. List any support facilities (e.g., parking, restrooms, utilities, etc.) which will be constructed or
renovated by the proposed project:
Only as noted in number 3 above.
5. List any facilities to be constructed which will provide pedestrian access to or along water
resources:
N/A
6. List any facilities to be constructed which will provide for recreational use of water resources:
N/A
DEP Form #42-010 9
Revised 6/93
..
'"
[ITY DF DELIA\' BEA[H
August 25, 1993 i ~ ( "'.::
Bureau of Local Recreation Services
Division of Recreation and Parks
Department of Environmental Protection
Mail Station #585
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
FRDAP APPLICATION - POMPEY PARK POOL RENOVATION
CONSISTENCY WITH THE DELRAY BEACH COMPREHENSIVE PLAN
To Whom It May Concern:
The purpose of this letter is to certify that Pompey Park
Municipal Swimming Pool Renovation Project as represented in the
FRDAP Application is consistent with all relevant sections of
the adopted Comprehensive Plan for the City of Delray Beach.
Specifically, the project is identified as a specific need in
the Open Space and Recreation Element (page III-D-13). Further,
it is identified on our Five-Year Schedule of Capital
Improvements (Table IV-3) for construction in FY 93/94.
Finally, pursuit of a FRDAP grant is consistent with our
"grants" policy as contained within the Capital Improvement
Element (Policy A-3.7).
Gordially,
! \
( ~~0~J ktr~S
David J. Kovacs, A.I.C.P.
Director, Department of Planning and Zoning
c:
John Walker, CIP Coordinator
DJK/POOLLTR
THE EFFORT ALWAYS MATHHS
.,
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER tt11
SUBJECT: AGENDA ITEM i 8";\1 - MEETING OF SEPTEMBER 28. 1993
GRANTING OF EASEMENT DEED
DATE: September 24, 1993
This item is before you to grant an easement deed for a 12 foot
utility easement along the south boundary of the Delray Beach
Municipal Golf Course extending approximately 130 feet eastward from
Homewood Boulevard to Florida Power and Light in order to provide
electrical service to the raw water wells proposed at the corner of
Homewood and Linton Boulevards.
Recommend approval of the granting of a 12 foot utility easement along
the south boundary of the Delray Beach Municipal Golf Course to
Florida Power and Light.
.. 'I"
,.
. .
[ITY DF DELRAY BEA[H
CITY ATTORNEY'S OfFiCE !"/d fl, FLUi,IDA j).;4-~
Wr~t_~._ D~r_ct L~n_
(407) 243-7090
MEMORANDUM
Date: September 15, 1993
To: City Commission
From: David N. Tolces, Assistant City Attorne~
Subject: Granting of Easement to FPL for Service to Raw Water
Wells at the Corner of Homewood Boulevard and Lowson
Boulevard
Before you for your approval is the granting of an easement to
Florida Power & Light in order to provide service to the raw
water wells which will be constructed at the corner of Homewood
Boulevard and Lowson Boulevard. In general, the easement is a
12 foot utility easement along the south boundary of the Delray
Beach Golf Course, a survey is attached. Granting of this
easemen~ recommended.
If you have any questions, please do not hesitate to call.
DNT: sh
Attachment
cc: David Harden, City Manager
Cheryl Leverett, Executive Assistant
fpl.dnt
.,
'"
,
Work Order No, 5662-7-427 EASEMENT
This Instrument Prepared By I
Sec.~, Twp~S, Rge~E Joel Comerford I
Parcel I.D. # FLORIDA POWER & LIGHT COMPANY I
(M~irllained by County Appraiser) P,O, Address 14159 State Rd #7
Delray Beach, FL 33446
~_ f~,_>"t'.n.',~(1_ ~O_( _C:~Jcu,t ~our1
The undersigned, in consideration of the payment of $1.00 and other good and valuabk consideration. the adequacy and receipt
of which is hereby acknowledged, grant and give to Florida Power & Light Company, its licensees, agents, successors, and assigns,
;In casement forever for the construction, operation and lll;Jintenancc of overhead and underground electric utility facilities
(lIlcluding wires, poles, guys, cables, conduits and appurtenant equipment) (0 be installed from time to time; with the right (0
reconstruct, improve, add to, enlarge, change the voltage, as weil as, the size of and remove such facilities or any of them within
;1Il easement 1 2 feet in width described as follows:
A parcel of land 12.00 feet wide ln the Southeast Quarter of the Northwest Quarter of
Section 19, Township 46 South, Range 43 East described as follows:
Commencing at the intersection of the east/west centerline of said Section with the
Easterly right-of-way of Homewood Boulevard, as shown on Plat No. 1 of Homewood Sub-
division, as recorded in Plat Book 15, Page 23 of the Public Records of Palm Beach County,
Florida; thence North 010 16' 18" Hest along said Easterly right-of-way a distance of 19.00
feet to the POINT OF BEGINNING; thence North 880 47' 27" East along a 1 i ne pa ra 11 e 1 to
and 19.00 feet Northerly of said east/west line a distance of 81.50 feet; thence North 660
56' 20" East a distance of 48.36 feet; thence North 070 55' 00" West a distance of 12.43
fee t ; thence South 660 56' 20" West a distance of 49.29 feet; thence South 880 47' 27"
West a distance of 79.26 feet to a point on said Easterly right-of-way; thence South 01"
16 ' 18" East along said right of way line a distance of 12.00 feet to the POINT OF
BEGINNING. Subject to easements, restrictions, covenants, reservations, and ri ghts-of-\..;ay
of record. Contains 1550.5 square feet (0.0356) acres more or less.
Together with the right to permit any other person, firm or corpor;Jtioll to attach wires to any facilities hereunder and lay cable and
conduit within the easement and to operate the same for communications purposes; the right of ingress and egress to said premises
at all times; the right to clear the land and keep it cleared of all trees, undergrowth and other obstructions within the easement area;
to trim and cut and keep trimmed and cut all dead, weak, leaning or dangerous trees or limbs outside of the easement area which
might interfere with or fall upon the lines or systems of communications or power transmission or distribution; and further granls,
to the fullest extent the undersigned has the power to grant, if at all, the rights hereinabove granted on the land heretofore described,
over, along, under a~ross the roads. streets or highways adjoining or through said property.
IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument on 19 -
Signed, scaled and delivered
in the presence of: By: (PreSIdent 's sIgnature)
Print Name:
(Waness' SIgnature) Print Address:
Prir:! Name
(WItness)
Attest:
(Secretary's signature)
(Wltness'Slplalure) Print Name:
Print Name Pri tll Address:
(Waness) -----------.._--
(Corp", ,~1<' '<'::
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- ------
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, a corporation. on l):,:half of s,lId
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\i:! C01111ll ission Expires: ITyp,,, of Identification)
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.,
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER tJJ1
SUBJECT: AGENDA ITEM i gj{ - MEETING OF SEPTEMBER 28. 1993
ACCEPTANCE OF EASEMENT DEED
DATE: September 24, 1993
This item is before you to accept an easement deed from the property
owners at 1002 Lewis Cove for the purpose of installing a storm
drainage system along the north six feet of their property.
Recommend acceptance of an easement deed from the property owners at
1002 Lewis Cove.
., "II"
,.
[ITY OF DEleRAY BEACH
eETV' hiTrn rr!; f. -' " .',iT . !Ji.L!C\Y llL\CH, FLORIDA 3],;';4
I .. ~ i~J; ~ t ~~J' ~,' -"~ L,'t-' :.'_~;: r-: .!,J- ~>.;_--:'~_~_~ Wr1ter'. Dj.:rec::t L.1.n_
(407) 243-7090
MEMORANDUM
Date: September 15, 1993
To: Ci ty Commission
From: David N. Tolces, Assistant City Attorne~
Subject: Acceptance of Easement Deed from Patrick and Janice
Zecco / 1002 Lewis Cove
Before you is an Easement Deed executed by Patrick and Janice
Zecco who own the property at 1002 Lewis Cove. The drainage
easement runs along the north six feet of their property, and
will be used to install and maintain a storm drainage system.
Acceptance of this Easement Deed is recommended.
If you have any questions, please do not hesitate to call.
"-----
DNT: sh
Attachment
cc: David Harden, City Manager
Cheryl Leverett, Executive Assistant
zecco.dr.t
'.
EASE11ENT DEED
THIS INDENTURE, made this day of 19 ,between Patrick &
Janice J. Zecca, parties of the first part, and the CITY OF DELRAY BEACH, a Florida
municipal corporation in Palm Beach County, StaLe of Florida, party of the second part.
WITNESSETH: That the parties of Lhe first part, for and in consideration of
the sum of Ten (SlO.OO) Dollars and other good and valuable considerations to it in
hand paid by the said party of the second parL, the receipt of which is hereby
acknowledged, does hereby grant, bargain, sell and release unto the party of the
second part, its successors and ass igns, aright of way and perpetual easement for
the purpose of: Construction and maintenance of a storm drainaQe system with full and
free right, liberty, and authority to enter upon and to install, operate, and maintain
such storm drainaQe system under, across, through and upon, over, under or within the
following described property located in Palm Beach County. Florida, to-wit;
DESCRIPTION
The north six feet of Lot 70, Delray Beach Shores according to the Plat
thereof as recorded in Plat Book 12, Page 167, Official Records, Palm
Beach County, Florida.
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.
That this easement shall be subject only to those easements, restrictions, and
reservations, and reservations of record. That the parties of the first part agree
to provide for the release of any and all mortgages or liens encumbering this
easement. The parties of the first part also agree to erect no additional building
or effect any other additional kind of construction or improvements upon the
above-described property.
Parties of the first part do hereby fully warrant the tfi.tle to said land and
will defend the same against the lawful claims of all persons whomsoever claimed by,
through or under it, that it has 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 1:.he successors or assigns of
the parties.
IN WITNESS WHEREOF~e parties to this Easement Deed set their hands and seals
the day and year first above written.
,~ITNESSES: ':" . PA:~F THE FIRST PART
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STATE OF FLORIDA
COUNTY OF PALM BEACH
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The foregoing instru. ment. YJ.as. acknO'..:ledclec: befo~e ;c,e th~s L 1 ca': of I-e 1)1~,ti'~tj
('2 P {' . . J/' - ~ ~. {, -'
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personally (__~~'~n..u__ to. rr~?/or ;-:os .__r)::':~c.'..lC:td __ (type of
identification) as id~nti'flcatic:~ ~:;la :ii~ (~i~ not) take an oath.
Notary Public
. · Aie, (Ol',J,'-'hl,il /Lcd.l...
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Serial Number, if any
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERt!11
SUBJECT: AGENDA ITEM # go - MEETING OF SEPTEMBER 28. 1993
HOLD HARMLESS AGREEMENT
DATE: September 24, 1993
This item is before you to approve a hold harmless agreement with the
property owners at 1028 West Atlantic Avenue to permit the
installation of a grease trap in the City's right-of-way. This
agreement holds the City harmless for any action which may arise out
of the installation, use or maintenance of the grease trap or the
City's utilities in the alleyway.
Recommend approval of the hold harmless agreement with the property
owners at 1028 West Atlantic Avenue.
~
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[ITY DF DElRAY BEA[H
CITY ATTORNEY'S OF:FICE ~II:I \\\' I" X,'ENlH. . DELRAY BEACH, FLORIDA 334.1.1
]",.\C ",1 \1 ii,I: -4(j7,27S. -1 755 Wr~t_r'. D~r_ct L~n_
(407) 243-7090
MEMORANDUM
Date: September 13, 1993
To: City Commission
From: David N. Tolces, Assistant City Attorne~
Subject: Hold Harmless Agreement with Robert and Cyrillyn
Butler
Before you is a hold harmless agreement between the City and
Robert and Cyrillyn Butler. The Butlers own property at 1028
West Atlantic Avenue. As part of their renovations, a grease
trap is being installed. A portion of the grease trap
encroaches into the alleyway behind the building. In order to
permit the installation of the grease trap in the alleyway, the
Butlers have properly executed the attached Hold Harmless
Agreement. The Butlers agree to hold the City harmless and
defend the City in any action which may arise out of the
installation, use, or maintenance of the grease trap or the
City's utilities in the alleyway. Our office recommends
approval of the agreement.
If you have any questions, please call.
DNT:sh
Attachment
cc: David Harden, City Manager
butler-l.dnt
,. "I",
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HOLD HARMLESS AGREEMENT
:2 . ~..t
This Hold Harmless Agreement, is entered into this ~-
day of /-l ~~1 iA.~ S.j- , 1993 by and between the CITY OF DELRAY
BEACH, FLORIDA, (hereinafter referred to as "City") and ROBERT
C. BUTLER and CYRILLYN Y. BUTLER, (hereinafter referred to as
"Butler").
WIT N E SSE T H:
Whereas, Butler owns property located at 1028 West
Atlantic Avenue, Delray Beach, Florida, and has requested the
City to allow for the installation of a grease trap, as well as
associated appurtenances within the existing alleyway more
particularly described in Exhibit "A"i and
WHEREAS, Butler agrees to hold the City of Delray Beach
harmless for any damage which might be caused to the grease
trap and appurtances as a result of use and maintenance within
the alleyway.
NOW, THEREFORE, for the mutual covenants and matters set
forth -------. of the date set forth above, the parties
hereln, as hereby agree as follows:
1- The recitations set forth above are incorporated
herein.
2. Butler is the owner of property known as:
Lots 3 to 5 inclusive less the North 20
Feet of Block 8, ATLANTIC GARDENS.
3. That Butler is developing the property pursuant to
the City of Delray Beach Code of Ordinances and Land Develop-
ment Regulations.
4. That the City maintains an existing right-of-way for
an alley adjacent to Butler's property.
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5. Butler acknowledges that the City shall assume no
responsibility for the structures, improvements, materials, or
appurtenances which are being placed within the right-of-way.
6 . In consideration for the payment of $10.00, receipt
of which is hereby acknowledged, Butler agrees to defend,
indemnify, and hold harmless the City, its agents, officers,
employees and servants from any and all claims, suits, causes
of action or any claim whatsoever made, and damages, which may
result from maintenance of the existing utilities within the
alleyway. Butler further agrees to hold the City, its agents,
officers, employees and servants harmless for any damage to the
grease trap and any appurtances which will be placed within the
alleyway. It is understood that any cost for replacement of
the grease trap and appurtances shall be the responsibility of
Butler, and the City of Delray Beach will not be held liable
-----
for any damage as a part of the use, maintenance or construc-
tion within the said alleyway.
IN WITNESS WHEREOF, the parties hereto have entered into
this agreement the day and year first written above.
CITY OF DELRAY BEACH, FLORIDA
ATTEST:
By:
Thomas Lynch, Mayor
City Clerk
Approved as to Form:
City Attorney Ut~;1-u
Robert C. Butler
/-; .' %- - .~ :--') ': 1(:
_ -f li~-/-~-:1(172A'l----)/ ( r ,-'J:: (
Cyrillyn Y{ Butler .
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STATE OF KOlUDA GaJf?6~
COUNTY OF EAI.H IlEACH GfJJIIJJX;T( &xJ~
The foregoing instrument was acknowledged before me this
.3( ~r day of AU 6-u5,., , 1993, by ROBERT C. BUTLER.
He is personally known to me/or has produced
as identification.
Si~~~bliC --
S. .. ~7.41F OF &eve6tA
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Print, Type or stamp Name of
Notary Public
S TATE 0 F 1'- T.lJ lH n 1\. t;;;.r;;:o(l:el ft
COUNTY OF PPfuf~ BEhCH (;,oJ(f.}AE7f CoUi}('lj
The-roregoing instrument was acknowledged before me this
y~1' day of WG-aS-r , 1993, by CYRILLYN Y. BUTLER. She
is personally known to me/or has produced
as identification.
~
~ .',;,,:.:-...-'
r. L. A-~~
Print, Type or Stamp Name of
Notary Public
butler.agt
3
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cry LJen<s de.
[ITY DF DELRAY BEA[H FOr q(2 ~ 03€f1dq
CITY ATTORNEY'S OFFICE :Oli ~w ls! .'\VU,UL . UELRAY BEACH, FLORIDA 33444
Fi\ CSJ~, j 1 I. E ~l,)7: ~ 7~ -.:? ~.') Wr~t_r._ D~r_ct L~n_
(407) 243-7090
MEMORANDUM
Date: September 13, 1993
To: City Commission
From: David N. Tolces, Assistant City Attorne~
Subject: Hold Harmless Agreement with Robert and Cyrillyn
Butler
Before you is a hold harmless agreement between the City and
Robert and Cyrillyn Butler. The Butlers own property at 1028
West Atlantic Avenue. As part of their renovations, a grease
trap is being installed. A portion of the grease trap
encroaches into the alleyway behind the building. In order to
permit the installation of the grease trap in the alleyway, the
Butlers have properly executed the attached Hold Harmless
Agreeme~ The Butlers agree to hold the City harmless and
defend the City in any action which may arise out of the
installation, use, or maintenance of the grease trap or the
City's utilities in the alleyway. Our office recommends
approval of the agreement.
If you have any questions, please call.
DNT: sh
Attachment
cc: David Harden, City Manager
butler-I. dnt
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HOLD HARMLESS AGREEMENT
This Hold Harmless Agreement, is entered into this =z . -.+-
-"',-
day of 4 V.~~:i r-(S +- , 1993 by and between the CITY OF DELRAY
BEACH, FLORIDA, (hereinafter referred to as "City" ) and ROBERT
C. BUTLER and CYRILLYN Y. BUTLER, (hereinafter referred to as
"Butler") .
WIT N E SSE T H:
Whereas, Butler owns property located at 1028 West
Atlantic Avenue, Delray Beach, Florida, and has requested the
City to allow for the installation of a grease trap, as well as
associated appurtenances within the existing alleyway more
particularly described in Exhibit "A"i and
WHEREAS, Butler agrees to hold the City of Delray Beach
harmless for any damage which might be caused to the grease
trap and appurtances as a result of use and maintenance within
the alleyway.
NOW, THEREFORE, for the mutual covenants and matters set
forth ----... of the date set forth above, the parties
here~n, as hereby agree as follows:
1. The recitations set forth above are incorporated
herein.
2. Butler is the owner of property known as:
Lots 3 to 5 inclusive less the North 20
Feet of Block 8, ATLANTIC GARDENS.
3. That Butler is developing the property pursuant to
the City of Delray Beach Code of Ordinances and Land Develop-
ment Regulations.
4. That the City maintains an existing right-of-way for
an alley adjacent to Butler's property.
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5. Butler acknowledges that the City shall assume no
responsibility for the structures, improvements, materials, or
appurtenances which are being placed within the right-of-way.
6. In consideration for the payment of $10.00, receipt
of which is hereby acknowledged, Butler agrees to defend,
indemnify, and hold harmless the City, its agents, officers,
employees and servants from any and all claims, suits, causes
of action or any claim whatsoever made, and damages, which may
result from maintenance of the existing utilities within the
alleyway. Butler further agrees to hold the City, its agents,
officers, employees and servants harmless for any damage to the
grease trap and any appurtances which will be placed within the
alleyway. It is understood that any cost for replacement of
the grease trap and appurtances shall be the responsibility of
Butler, and the City of Delray Beach will not be held liable
'-"""
-........
for any damage as a part of the use, maintenance or construc-
tion within the said alleyway.
IN WITNESS WHEREOF, the parties hereto have entered into
this agreement the day and year first written above.
CITY OF DELRAY BEACH, FLORIDA
ATTEST:
By:
Thomas Lynch, Mayor
City Clerk
Approved as to Form:
City Attorney
-_.__.-"~
2
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STATE OF FbORII>A G1::oK:G1A
COUNTY OF EALH liEACH GUJl1.JJJ{;;y( CxxJJJr11
The foregoing instrument was acknowledged before me this
3{ Ibf day of AlA 6-Ucz, I , 1993, by ROBERT C. BUTLER.
He is personally known to me/or has produced
as identification.
~cu--
Si atur of N<:>ta y Public -
-s ,.,'" ,", " "~-r/+tE OF GcvP61A
.!, ....'. ';'
r. t~ A ~A-6-0,IJ
Print, Type or Stamp Name of
Notary Public
STATE OF -ff-T1.IRTfJ1\ ~fl&tp.
COUNTY OF PkLL .BEACH (;{;JOJJ.E7(' rJoUAJt'lj
The.........foregoing instrument was acknowledged before me this
3rf~T day of ftt G-a-5r , 1993, by CYRILLYN Y. BUTLER. She
is personally known to me/or has produced
as identification.
~
-.
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Print, Type or Stamp Name of
Notary Public
butler.agt
3
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERw1
SUBJECT: AGENDA ITEM # ~f - MEETING OF SEPTEMBER 28. 1993
SETTLEMENT OF NUISANCE ABATEMENT LIENS
DATE: September 24, 1993
We have received an offer in the amount of $200 to settle nuisance
abatement liens in the amount of $534.38 on property located at
1205-1295 S.W. 4th Avenue. The property owner believes that the
invoice submitted to them for services performed is disproportionate
to the work actually performed on the property.
Staff took pictures of the property as they found it, but these
pictures were stolen from the contractor's truck. Additionally, the
contractor, R.C. Mowing, has since gone out of business.
The City Attorney has reviewed this offer and based upon the above
facts feels that a settlement in the amount of $267.19 would be
appropriate. The City Attorney's office has contacted the property
owner with respect to their recommendation and anticipates having a
response from them prior to Tuesday evening's meeting.
Recommend approval of the settlement in the amount of $267.19 to
remove nuisance abatement liens on property located at 1205-1295 S.W.
4th Avenue.
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[ITY DF DElHAY BEA[H
CITY ATTORNEY'S OFFICE 20(J NW 1st AVENUE' DELRAY BEACH, FLORIDA :3444
FACSIMILE 407/278-4755 Writer's Direct Line
(407) 243-7091
MEMORANDUM
DATE: September 16, 1993
TO: City Commission
FROM: Susan A. Ruby, City Attorney
SUBJECT: Nuisance Abatement Lien
Attached please find a letter from Genevieve Young representing
DD & D claiming that the assessment in the amount of $534.38
was excessive. Ms. Young requests that the City remove the
lien from the property for $200.00. It is Ms. Young's
contention that the charges allocated by R.C. Mowing of 34 man
hours in each of the cases cited in her memorandum reflect that
R.C. Mowing overcharged Daniel, Daniel and Daniel. The City
took pictures of the property as they found it, but these
pictures were stolen from the R.C. Mowing truck. R.C. Mowing
is out of business. The City is unable to reach them to
determine the actual tonnage disposed of. In light of the
foregoing, I would suggest that a settlement in the amount of
$267.19 would be appropriate, splitting approximately in half,
the lien amount.
of this memorandum to David Harden, it is our office's
that this settlement be placed on the City Commission
r their approval.
SAR:ci
Attachment
cc David Harden, City Manager
Richard Bauer, Code Enforcement Administrator
D&D&D.sar
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D 'D6JD
5500 MACARTH U R BL VO
WASHINGTON 0 C 20016
~ CUSHING DANIEL
TELEPHONE: 202 - 244-5800
FACSIMILE: 202-244-5825 CLARKE DANIEL
RALEIGH DANIEL
September 8, 1993
VIA TELECOPIER (407/278-4755) AND FIRST ClASS MAIL
The City Commission of Delray Beach
c/o Susan Ruby
City Attorney
City of Delray Beach
200 N.W. First Avenue
Delray Beach, FL 33444
Re: 1205 - 1295 S.W. Fourth Avenue
Assessment Ref. No. 18698 - $534.38
Case NA92-7557
Dear Com~oners:
I am writing on behalf of Daniel, Daniel & Daniel, concerning the lien placed by the
City of Delray Beach ("the city") on the above-referenced property, relating to the
abatement of nuisance. We have repeatedly voiced our concerns about the invoice for
services performed by the city's contractor for the abatement, contending that the invoice
was disproportionate to the work performed on the property. This letter represents one in
a series of communications between our offices and several city employees beginning last
December on this issue. It is our understanding that only the Commission can consider a
reasonable settlement in this matter. We place the following facts and evidence before the
Commission as support of our position that the billing in this matter was unreasonable.
Susan Ruby has agreed to put this item on the agenda for the next commission meeting.
On September 28, 1992, the city cited several properties for violations of city
ordinances regarding public nuisances. Two cases will be discussed here. One property,
owned by Charlene Lovett, consists of two empty lots located at the northwest corner of NW
6th Avenue and NW 3rd Street (Case NA-92-7575) ("Case 1"). The other, owned by Daniel,
Daniel & Daniel, is a fully operational commercial industrial facility located at 1205-1295
SW 4th Avenue (Case NA-92-7557) ("Case 2").
In Case 1, the city inspector stated in the violation detail, "Remove blocks and other
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debris from area -- i.e., dead trees, dirt piles, etc." Pictures accompanying the filed show
10,000 sJ. of land covered with dense undergrowth, concrete blocks, and several trees. See
Exhibit A. In Case 2, the violation detail states, "Trash and litter ... in the form of a number
of rusted and empty barrels, scrap wood, etc. Please have all removed as required." It has
been reported that the pictures in this case were lost.
In Case 2, Daniel, Daniel & Daniel requested that the tenant remove the two barrels
and the mattress that were found on the property. Despite notification and follow-up, the
tenant failed to clear the property, and necessitated the city's intervention to abate the
nmsance.
The city hired R.C.'s Mowing Unlimited Heavy-Duty Bushogging ("RC") as the
contractor to abate the nuisances in Cases 1 and 2. According to RC's invoices dated
November 4, 1992, on November 2, 1992, work was completed in Cases 1 and 2. In Case
1, RC noted that it took 34 man hours to remove debris from the empty lots. See Exhibit
B. In Case 2, RC's invoice indicated that it took 34 man hours to remove trash from the
industrial facility. See Exhibit C. In Cases 1 and 2, both invoices reflected a charge of
$399.16 for removal of debris. These identical charges seem coincidental, to say the least.
Case 1 had an additional $15.94 charged for mowing 10,000 sJ. The mowing charge was not
on the invoice in Case 2, because mowing had not been requested.
The documentation common to both cases indicates that RC went to the Solid Waste
Authority of Palm Beach County ("SW A") on November 2 at 11 :24 a.m. with the debris from
Cases 1 and 2. The invoice from the SW A indicates that the debris unloaded by RC's
weighed 7,000 Ibs. SW A charged RC a total of $152.22. RC then charged Case 1 $77.22,
and Case 2,~.00, thereby allocating the debris disposed of from both properties roughly
by two, indicating that trash removed in Case 2 weighed more than an entire ton.
Daniel, Daniel & Daniel has consistently maintained that RC Mowing's invoice for
work performed was disproportionate to the amount of work they may have performed on
the above-referenced property. Daniel, Daniel & Daniel operates a busy commercial facility
that would not be operable if more than a ton of debris littered the property. Daniel,
Daniel & Daniel contends that it was injured by the practice of RC's having "doubled up"
the work performed that day, and merely dividing it in two. The empty lots cleared by RC
in Case 1 represented a significant bushogging effort, given the obstacles such as dense
undergrowth, dead trees, and concrete blocks noted on the violation detail. It is our belief
that that the more than three tons of debris weighed in at the SW A are attributable to Case
1, with the small amount of debris in Case 2 being of such a negligible amount that it was
hardly worth RC's billing separately.
RC has since gone out of business, which is not surprising, given its business
practices, so no further evidence is available from them. Marty Sohn, the city inspector, has
indicated that perhaps a dozen barrels were on the property in Case 2, but nothing the city
asserted has supported the presence of more than a ton of debris on this fully functioning
industrial property. Our property agent reports that two barrels and a piece of lumber were
being used as a sawhorse behind the loading dock, and that a mattress was also on the
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property. In short, there is no conclusive evidence that an invoice such as the one sent to
us by the city is warranted in this case.
We are not disputing that work was performed on the property. We regret that the
city was needed to abate the nuisance. We believe, however, that the facts do not support
a lien in the amount of almost $600.00. We are asking that the city remove the lien from
the above-referenced property and settle this matter for $200.00, an amount we believe is
reasonable in light of existing evidence.
Sincerely,
~f1ou!!
Counsel
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[ITY DF DELIAY BEA[H
CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444
FACSIMILE 407/278-4755 Writer's Direct Line
(407) 243-7091
MEMORANDUM
DATE: September 23, 1993
TO: City Commission
FROM: Susan A. Ruby, City Attorney
SUBJECT: Graham/White vs. the City of Delray Beach, et al
This case arises out of traffic stop that occurred on February
4, 1986. A former Police Officer, Douglas Szczpanek, stopped a
truck driven by Mr. Graham for not having a red flag on a
ladder which protruded from the back of his truck. Mr. White
was a passenger in the truck.
Mr. Graham alleges that the former Police Officer hit him in
the face with a metal ticket book. Mr. Graham also alleges he
was assaulted at the police station. Mr. Graham has seen
orthopedists, neurologists and neuropsychologists to treat his
injuries. He was given a permanent disability rating of 8% to
the whole body. Mr. White, the passenger in the truck, alleges
he was unlawfully struck with a baton and forced to the ground
without legal provocation. Mr. White sustained damage to his
knee requiring surgery.
Plaintiff's filed suit alleging assault, battery, false
imprisonment, malicious prosecution, and a violation of Civil
Rights pursuant to 42 u.s.c. 1983. 42 u.s.c. 1983 provides
that a prevailing party will be entitled to attorney's fees
including multipliers for difficult cases.
An original offer of settlement was made by Plaintiffs in the
amount of $100,000.00 each or $200,000.00 in total, not
including attorney's fees and costs. Prior to mediation,
Plaintiffs presented a settlement offer of $60,000.00 for Mr.
White and $80,000.00 for Mr. Graham and $70,000.00 in
attorney's fees and costs for a total of $210,000.00.
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City Commission
September 23, 1993
Page 2
At mediation, Plaintiffs agreed to accept a total settlement of
$79,000.00. Our office recommends settlement in the amount of
$79.000.00 which shall include all costs and attorney's fees
and appropriate releases.
By copy of this memo to David Harden, our office requests that
this settlement offer be placed on the september 28, 1993 City
Commission agenda.
Please call if you have any questions.
cc David Harden, City Manager
Alison MacGregor, City Clerk
Lee Graham, Risk Manager
Chief Richard Overman, Delray Beach Police Department
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[ITY DF DELRAY BEA[H
CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444
FACSIMILE 407/278-4755 Writer's Direct Line
(407) 243-7091
MEMORANDUM
DATE: September 23, 1993
TO: City Commission
FROM: Susan A. Ruby, City Attorney
SUBJECT: Graham/White vs. the City of Delray Beach, et al
This case arises out of traffic stop that occurred on February
4, 1986. A former Police Officer, Douglas Szczpanek, stopped a
truck driven by Mr. Graham for not having a red flag on a
ladder which protruded from the back of his truck. Mr. White
was a passenger in the truck.
Mr. Graham alleges that the former Police Officer hit him in
the face-w~th a metal ticket book. Mr. Graham also alleges he
was assaulted at the police station. Mr. Graham has seen
orthopedists, neurologists and neuropsychologists to treat his
injuries. He was given a permanent disability r~ting of 8% to
the whole body. Mr. White, the passenger in the truck, alleges
he was unlawfully struck with a baton and forced to the ground
without legal provocation. Mr. White sustained damage to his
knee requiring surgery.
Plaintiff's filed suit alleging assault, battery, false
imprisonment, malicious prosecution, and a violation of Civil
Rights pursuant to 42 U.S.C. 1983. 42 u.s.c. 1983 provides
that a prevailing party will be entitled to attorney's fees
including multipliers for difficult cases.
An original offer of settlement was made by Plaintiffs in the
amount of $100,000.00 each or $200,000.00 in total, not
including attorney's fees and costs. Prior to mediation,
Plaintiffs presented a settlement offer of $60,000.00 for Mr.
White and $80,000.00 for Mr. Graham and $70,000.00 in
attorney's fees and costs for a total of $210,000.00.
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city Commission
September 23, 1993
Page 2
At mediation, Plaintiffs agreed to accept a total settlement of
$79,000.00. Our office recommends settlement in the amount of
$79.000.00 which shall include all costs and attorney's fees
and appropriate releases.
By copy of this memo to David Harden, our office requests that
this settlement offer be placed on the September 28, 1993 City
Commission agenda.
Please call if you have any questions.
cc David Harden, City Manager
Alison MacGregor, City Clerk
Lee Graham, Risk Manager
Chief Richard Overman, Delray Beach Police Department
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER 8J1
SUBJECT: AGENDA ITEM i ~ R - MEETING OF SEPTEMBER 28. 1993
EMPLOYEE SUGGESTION PROGRAM
DATE: September 24, 1993
This item is before you to approve the establishment of the Employee
Suggestion Program. The purpose of this program is to reward City
employees and retirees from City service for their positive efforts in
the form of suggestions to reduce City expenditures, increase
productivity and efficiency and improve departmental service and
operation.
To be eligible for consideration, suggested ideas must directly
contribute to cost savings or directly improve the performance of any
function of City government. Ideas related to services or benefits to
employees, or terms of employment, will be handled through normal
administrative channels.
No monetary award will be made until the Review Committee has
__- verified the actual cost savings to the City. Awards for suggestions
which result in monetary savings to the City will be 20% of the net
savings during the first year after implementation, but not less than
$100. Awards for suggestions which result in tangible benefits other
than costs savings will be 20% of the determined benefit during the
first year, but not less than $50 nor more than $2,500.
Recommend approval of the implementation of the Employee Suggestion
Program.
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City of ADMINISTRATIVE SUBJECT:
POLICIES AND PROCEDURES EMPLOYEE SUGGESTION PROGRAM
Delray MANUAL
Beach NUMBER REVISIONS EFFECTIVE DATE: PAGE
GA-41 0 September 10. 1993 1 OF 6
~@ SUPERSEDES APPROVED BY:
0 DAVID T. HARDEN. City Manager
GA-41.0 Purpose .
1. The purpose of the Employee Suggestion Program is to rewar4 City
employees and retirees from City service for their positive
efforts in the form of suggestions to reduce City expenditures, to
increase productivity and efficiency, and to improve departmental
service and operation.
GA-41.1 Program Objective
2. The specific objectives of the program are:
A. To stimulate thinking by City employees and retirees from
City service about ways and means to:
1. reduce or stabilize the costs of government services
and programs,
2. improve the efficiency and effectiveness of City
departmental services and operations, and
3. improve service to the public.
B. To develop a climate in City government which encourages
employees and retirees to submit ideas for cost reduction and
iml>rovement;
C. To provide an impartial review and evaluation of employee's
and retiree's suggestions;
D. To provide an orderly system so that good suggestions
can be appropriately rewarded; and,
E. To ensure that due recognition is given to any employee or
retiree concerned.
3. Suggestion Defined
For purposes of this program, a suggestion is a written proposal
intended to benefit the City of Delray Beach. The suggestion
should present an idea for cost cutting or effective improvements
in any City service or function. The suggestion should explain how
the change would be accomplished and what benefits would result to
the City, particularly in terms of reduction of costs, increas'ed
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efficiency or improved service. The suggestion should include the
reason this proposed method is better than any existing method or
condition. A stat~ment indicating the need for change or
improvement, without suggesting how to make the change or
improvement, would not be a valid suggestion under this program.
A. Suggestions should be practical, useful and constructive.
B. Suggestions relating to any activity of the City may be sub-
mitted. Some examples would be:
l. new ways of reducing costs, eliminating delay, improving
service and effectiveness;
2. elimination of waste;
3. savings in time or materials;
4. improvement in office procedures, forms or methods;
5. improvement in safety by eliminating accidents or hazards;
6. elimination or combination of operations; and
7. improved public relations.
4. Eligibility
A. To be eligible for consideration, suggested ideas must
directly contribute to cost savings or directly improve
the performance of any function of City government. Ideas
related to services or benefits to employees, or terms of
employmen t, should be handled through normal administrative
channels instead of through the Suggestion Program.
B. Suggestions that require City Commission action for imple-
mentation are acceptable. Favorable action by the Commission,
where necessary, shall qualify such suggestions for an award.
C. If a suggestion is not adopted for reasons other than
ineligibility, it shall be considered active for one (1)
year from the date that the suggester is notified of the
reasons for not adopting it.
D. When a suggestion is not adopted, and the conditions under
which it was originally considered change, the suggester may
request reconsideration and resubmit in writing the
suggestion.
5. Ineligibility
A. Suggestions which are not eligible for award consideration
include the following:
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1. those which cal1 attention to a problem but offer no
practical solution. Similarly, those which fail to
present a positive, constructive idea or way to make
the improvement;
2. those ,which pertain "to salaries, job assignments, position
classification or requests, time and leave regulations or
other terms of employment or items subject to the collect-
ive bargaining process;
3. those which suggest the performance of routine repair,
maintenance, or safety functions;
4. those which present an idea which is already under consid-
eration by persons responsible for the operation affected;
5. those which correct a condition that exists only because
established procedure is not being followed;
6. suggestions that are part of the suggester's job;
7. personal grievances or complaints; and
8. those which would impose new or additional taxes or fees
for revenue purposes.
B. The following types of ideas would not be considered through
the Suggestion Program:
1. services and benefits to employees, such as vending
machines, lounge services, restroom and parking
facilities, hours or work, leave time and salaries;
2. the routine work of taking care of buildings, grounds and
parking lots, such as repairing, cleaning, painting and
adjusting; and
3. normal or routine safety practices, such as normal
protective devices, removal of obstructions or in-
stallation of warning or traffic devices.
Generally, suggestions in these areas should be given to the
employee's supervisor who would be responsible to see that they
reached the appropriate City officials.
6. Administration
A. All employees and retirees are encouraged to participate in
the Suggestion Awards Program. The Director of Human
Resources shall administer the program and shall:
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l. Determine whether the suggestion is eligible for
consideration.
2. Refer each eligible suggestion to the appropriate
Department Head(s) for investigation and evaluation. The
investigation and evaluation should be completed within 30
days.
3. Upon receipt of the evaluation of the suggestion by the
appropriate Department(s), assemble a Review Committee
for the purpose of recommending to the City Manager an
appropriate award based upon the provisions of Section 10
below.
A Review Committee shall include the Director of Finance,
Director of Human Resources and the Department Head(s)
appropriate to the evaluation of the suggestion.
B. No monetary award shall be made in any case until the Review
Committee has verified actual cost savings to the City as a
result of any suggestion.
C. An employee shall not normally be eligible for an award for a
suggestion which directly relates to the employee's assigned
duties and responsibilities. If, however, such a suggestion
is so superior or meritorious as to warrant special
recognition, an award may be granted. In order for such a
suggestion to be eligible for an award, the following
questions need be specifically answered in the negative:
l. Is the employee expected or required to make suggestions
of the type under consideration?
2. Can the suggestion be implemented by the employee without
consulting high authority?
7. Duplicate/Joint Suggestions
A. Each suggestion shall be reviewed by the Human Resources
Department to determine if it is a duplicate of, or similar
to, a suggestion which has been previously submitted or
adopted. If duplicate suggestions are received, the one
bearing the earliest receipt date shall be eligible and
all others shall be ineligible.
B. Joint Suggestions
Suggestions are encouraged by groups of employees (team
concept). The amount of the award shall be prorated among
those employees making the suggestion.
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8. Investigation and Evaluation
A. Suggestions should be submitted on a form provided by Human
Resources to the Human Resources Director. They will be
10gged-in, reviewed for completeness and eligibility, checked
to ensure they do not duplicate previously submitted
suggestions, acknowledged to the suggester(s) and forwarded
to the appropriate Department(s) for evaluation.
B. The evaluation which must be completed within 30 days. shall
cover all aspects of the suggestion including:
l. cost to implement;
2. resultant savings of labor. materials or other reduction
of costs/expenses;
3. total projected savings;
4. Could part of suggestion be used even though entire
suggestion may not be adopted?
5. Is the subject of the suggestion used elsewhere?
6. Is the idea already under consideration by management?
7. Is the suggestion something that is well known but not
put into effect for other good reasons?
C. Suggesters are encouraged to submit samples, photographs.
diagrams or other,data and information with their suggestion.
Such material will be returned to the suggester upon
completion of the evaluation process. if requested.
9. Review of Suggestion Decision
If a suggestion is not adopted by the City, the suggester may
request reconsideration by the City Manager who shall review and
make a final decision on the matter. The Employee Suggestion
Program shall not be subject to any grievance or appeal procedure.
10. Determination of Awards
A. Awards for suggestions which result in direct cost savings to
the City shall be 20% of the net savings during the first year
after implementation. except that an Award shall not be less
than $100. ,Cost savings shall mean a reduction or elimination
of actual costs or expenses that existed prior to the
submission bf the suggestion.
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B. Awards for suggestions which result in tangible benefits other
than cost savings to the City shall be 20% of the determined
benefit to the City during the first year of implementation,
except that such award shall not be less than $50 nor more
than $2500. Tangible benefits shall be determined by
improvements in departmental services and operations.
C. Factors that shal1 be considered in determining the award
amount shall include but not be limited to the following:
l. nature of the idea;
2. originality;
3. extent of use;
4. effectiveness;
5. ingenuity;
6. effort involved;
7. importance of the operation affected; and
8. resultant savings
11. Payment of the Awards
A. Awards shall normally be paid promptly after implementation of
the suggestion, however, if the full amount of the savings
cannot be determined until after the completion of a trial
period or for some other reason, a partial award may be paid
to the suggester(s) and the remainder shall be paid when the
first year savings has been determined.
B. The acceptance of a cash award for any suggestion adopted
through the Suggestion Awards Program shall constitute an
agreement by the suggester(s) that all claims, immediate
and future, on the City of Delray Beach, regardless of the use
made of the suggestion, shall be waived, and the suggesters
shall have no proprietary or other interest in the proposal.
SUGGEST .DOC/nj
9/08/93
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER t'lt1
SUBJECT: AGENDA ITEM #' cg ,-S - MEETING OF SEPTEMBER 28. 1993
CHANGE ORDER NO. 1 AND REOUEST FOR FINAL PAYMENT/ASPHALT
CONSTRUCTION OF PALM BEACH. INC.
DATE: September 24, 1993
This is a change order in the amount of $218.75 to the contract with
Asphalt Construction of Palm Beach, Inc. for final as-built plus/minus
adjustments based on final field measured quantities for the Cemetery
Road project.
Asphalt Construction has also requested final payment in the amount of
$731.15. Staff has reviewed this project and found it to be
satisfactorily complete.
Recommend approval of Change Order No. 1 in the amount of $218.75 and
the request for final payment from Asphalt Construction of Palm Beach,
Inc. in the amount of $731.15; with funding from 1987 Utility Tax -
Cemetery Entrance Road (Account No. 333-4511-539-61.39).
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Agenda Item No.:
AGENDA REOUES~
Date: september 21, 1993
Request to be placed on:
-Z Regular Agenda
Special Agenda
_____ Workshop Agenda When: September 28, 1993
Description of item (who, what, where, how much):
Staff requests city Commission to approve change Order #1 Final to Asphalt
Construction of Palm Beach, Inc. for Cemetery Road (91-103). Change Order #1
Final is for final as-built plus/minus adjustments based on final field measured
quantities. Change Order #1 Final is for an net add amount of $218.75. Funding
Source is 333-4511-539-61.39. Staff also requests final payment be made to
Asphalt Construction of Palm Beach, Inc. in the amount of $731.15.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff Recommends approval of Change Order #1 Final. Staff also
recommends final payment to Asphalt Construction of Palm Beach, Inc.
D~p.rtm.nt H.'d~_ -&4.~ ~fJ qjf h-
SJ.gnature: ~ _
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable)
Budget Director Review (~ired on all items involving expenditure of funds):
Funding available: E~/NO
Funding alternatives
Account No. & Description
Account Balance .$
City Manager Review:
Approved for agenda: ~NO t1
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
AGENI03.DOC
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DEPARTMENT OF ENVIRONMENTAL SERVICES
MEMORANDUM
TO: David T. Harden
City Manager ~/)kt/
THRU: William H. Greenwood
Director of Environmental Services
FROM: Ralph E. Hayden, P.E.~
City Engineer
DATE: September 22, 1993
SUBJECT: Cemetery Road - Project 91-103
Final Closeout Change Order/Final Payment
Attached is an agenda request for Final Closeout Change Order #1
Final for this project to the contractor, Asphalt Construction of
Palm Beach, Inc. Change Order #1 Final is for a net add amount
of $218.75. It represents the final plus/minus adjustments for
the project based on actual field measured quantities.
Also included is the request for final payment to Asphalt
Construction in the amount of $731.15 and a "Contractors
Performance Report" evaluation.
HW:mm
cc: Howard Wight, constru~te9 Manager
File: 91-103 (D)
MEM0103.DOC
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CITY OF DELRAY BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
CHANGE NO. 1, FINAL, PROJECT NO. 91-103 DATE:
PROJECT TITLE: CEMETERY ROAD
TO CONTRACTOR: ASPHALT CONSTRUCTION OF PALM BEACH, 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:
Final As-Built plus/minus adjustments to Contract per Attached Schedule 'A' based on field
measured quantities.
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT $ 54,252.82
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED 0.00
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $ 54,252.82
COST OF CONSTRUCTION CHANGES THIS ORDER $ 218.75
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $ 54,471. 57
PER CENT INCREASE THIS CHANGE ORDER 1%
TOTAL PER CENT INCREASE TO DATE 1%
CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my
considered opinion, accurate.
for Asphalt Construction of Palm Beach, Inc.
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
Funding Source is: 333-4511-539-61.39
DELRAY BEACH, FLORIDA by its City Commission
RECOMMEND : By:
Ralph Hayden P.E., City Engineer Thomas E. Lynch, Mayor
ATTEST:
APPROVED: By:
City Attorney City Clerk
103C01.DOC
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Project 91-103 Schedule "A"
Cemetery Road
Change Order #1 Final
-------------------------------------------------------------------------------------------------------------
ITEM ITEM DESCRIPTION Contract As-built +/- c.o. Unit Total
NO. Qty Qty #2 Qty Price
-------------------------------------------------------------------------------------------------------------
Plus /Minus As-built Qty Adjustments
New Cemetery Road
1 Mobilization 1 1 o ls 1467.00 0.00
2 Maintenance of Traffic 1 1 o ls 655.00 0.00
3 Clearin9 and Grubbing 1 1 o ls 1200.00 0.00
4 ExcavatIon 269 269 o cy 1.10 0.00
5 Embankment 504 504 o cy 1.20 0.00
6 12" Stabi l i zed Subgrade 1n5 1n5 o sy 1.55 0.00
7 8" Limerock Base 1544 1544 o sy 5.08 0.00
8 1 1/2" T~ III ACSC w/prime 1544 1544 o sy 3.40 0.00
9 T~ C In ets w/apron 4 4 o ea 735.00 0.00
10 1 " RCP 44 44 o If 21.00 0.00
11 15" CALP 40 40 o If 21.00 0.00
12 Exfiltration Trench 187 187 o If 40.00 0.00
13 Type D Curb 1392 1392 o If 5.50 0.00
14 Handicap Ramps 2 2 o ea 200.00 0.00
15 Bahia SOd m m o sy 1.15 0.00
16 Utility Crossings 360 360 o If 5.50 0.00
17 Stop SIgn 1 1 o ea 125.00 0.00
18 24" White Stop Bar 1 1 o ea 315.00 0.00
Old Cemetery Connector Road
1 Clearingl Grubbing and Root Pruning 1 1 o ls 2455.00 0.00
2 12" StabIlized Subgrade 378 370 -8 sy 1.55 -12.40
3 8" Limerock Base 345 345 o sy 5.08 0.00
4 1 1/2" T~ III ACSC w/prime 345 345 o sy 3.40 0.00
5 T~ C In et w/apron 1 1 o ea 735.00 0.00
6 1 " CALP Drainage Pipe 45 45 o If 21.00 0.00
7 Type D Concrete 260 260 o If 6.00 0.00
8 Sand Cement Endwall 1 1 o ea 225.00 0.00
9 Bahia Sod n 273 201 sy 1.15 231.15
10 Testing 1 1 o ls 1200.00 0.00
---------
Net total add Change Order #1 Final 218.75
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-, tASPHALT CONSTRUCTION o ~w@o~rn
, of Palm Beach, Inc.
2461 Port West Blvd.
West Palm Beach, Florida 33407 N~ 3583
(407) 863-6837
TO City of Delray Beach DATE
434 South Swinton Avenue June 30, 1993
Delray Beach, Florida 33444 JOB NAME -
Cemetery Road Project #91-10
JOB No,
TERMS:
(See Attached Billing Draft)
Total Amount of Work In Place......$54,471.57
Less Previous Payments............. 53,740.42
$ 731.15
TOTAL AMOUNT OF THIS INVOICE. . . . . . . . ..........$ 73l. 15
fD. ~5l>~liL
ORIGINAL white, DUPLICATE yellow, TRIPLICATE pink ~cy&w !
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER tJlf1.
SUBJECT: AGENDA ITEM # 1)'r- - MEETING OF SEPTEMBER 28. 1993
CHANGE ORDER NO. 2 AND REOUEST FOR FINAL PAYMENT/ASPHALT
CONSTRUCTION OF PALM BEACH. INC.
DATE: September 24, 1993
This is a deduct change order in the amount of $6,343.35 to the
contract with Asphalt Construction of Palm Beach, Inc. for final
as-built plus/minus adjustments based on final field measured
quantities for the S.D. Spady Access Road and Lake Ida Road Retention
Area projects.
Asphalt Construction has also requested final payment in the amount of
$5,801.72. Staff has reviewed this proj eC,t and found it to be
satisfactorily complete.
Recommend approval of deduct Change Order No. 2 in the amount of
$6,343.35 and the request for final payment from Asphalt Construction
of Palm Beach, Inc. in the amount of $5,801.72; with funding from
Stormwater Utility Fund - N.W. Drainage (Account No.
448-5411-538-62.11).
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Agenda Item No.:
AGENDA REOUEST
Date: September 21, 1993
Request to be placed on:
__X__ Regular Agenda
_____ Special Agenda
_____ Workshop Agenda When: September 28, 1993
Description of item (who, what, where, how much):
Staff requests City Commission to approve Change Order #2 Final to Asphalt
Construction of Palm Beach, Inc. for the Spady Elementary School Access/NW 10th
Ave Access (91-61). Change Order #2 Final is for final as-built plus/minus
adjustments based on final field measured quantities for the Original Contract
and Change Order #1 (Lake Ida Rd retention area). Change Order #2 Final is for
an net deduct amount of $6,343.35. Funding Source is 448-5411-538-62.11 in the
amount of -5,740.07 and 225-3162-541-61.74 in the amount of -603.28. Staff also
requests final payment be made to Asphalt Construction of Palm Beach, Inc. in
the amount of $5,801.72.
ORDINANCE/RESOLUTION REQUIRED: YES~RAFT ATTACHED YES~
Recommendation: Staff Recommends approval of Change Order #2 Final. Staff also
recommends final payment to'Asphalt Construction of Palm Beach, Inc.
Department Bead~~ r~~ \gJjf~
Signature: Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable)
Budget Director Review (~ired on all items involving expenditure of funds):
Funding available: E VNO
Funding alternative (if applicable)
Account No. & DescriP&f~~-s\-n-~.lOl-.... q S,cRVlWTI2..-tJ N DeA:INA6-€'"
Account Balance O?;/~ .
City Manager Review:
Approved for agenda: (9/NO ~
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
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Memorandum
Date: September 21, 1993
To: David T Harden, City Manager
Thru: William H. Greenwood, Directo of Environmental Services
From: Ralph Hayden P.E., City Engineer ~
Re: Spady Elementary School Access/NW 10th Ave Access(91-61)
Final Closeout Change Order / Final Payment
Attached is an agenda request for the Final Closeout Change Order
#2 Final for this project to the contractor, Asphalt Construction
of Palm Beach, Inc. Change Order #2 Final is for a net credit
amount of $6,343.35. It represents the final plus/minus
adjustments for the Project based on actual field measured
quantities.
Also included is the request for final payment to Asphalt
Construction in the amount of $ 5,801. 72 and a "Contractors
Performance Report" evaluation.
File: 91-61D constructiO~ger
CC: Howard Wight,
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CITY OF DELRAY BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
CHANGE NO. 2, Final PROJECT NO. 91-61 DATE:
PROJECT TITLE: Spady Elementary School Access/NW 10th Ave Access
TO CONTRACTOR: Asphalt Construction of Palm Beach, 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:
Final As-Built plus/minus adjustments to Contract and Change Order #1 per Attached
Schedule 'A' based on field measured quantities.
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT $234,950.75
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 82,660.26
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $317,611. 01
COST OF CONSTRUCTION CHANGES THIS ORDER -$ 6,343.35
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $311,267.66
PER CENT DECREASE THIS CHANGE ORDER -3 ,
- -
TOTAL PER CENT INCREASE TO DATE 32 ,
- -
CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my
considered opinion, accurate.
for Asphalt Construction of Palm Beach, Inc.
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
Funding Sources are: 448-5411-538-62.11 for -$5,740.07
225-3162-541-61.74 for -$ 603.28
DELRAY BEACH, FLORIDA by its City Commission
RECOMMEND : By:
Ralph Hayden P.E., City Engineer Thomas E. Lynch, Mayor
ATTEST:
APPROVED: By:
City Attorney City Clerk
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Project 91-61 Schedule "A"
NW 10th Ave Extension/Spady Elementary School Access
Change Order #2 Final
-------------------------------------------------------------------------------------------------------------
ITEM ITEM DESCRIPTION Contract As-built +/- c.o. Unit Total
NO. Qty Qty #2 Qty Price
-------------------------------------------------------------------------------------------------------------
Plus /Minus As-built Qty Adjustments
Original Contract
1 Clearing and Grubbing 1 1 o ls 9786.00 0.00
2 Demol ition 1 1 o ls 19330.00 0.00
3 Earthwork 1 1 o ls 6251.00 0.00
4 15" RCP 280 280 o ls 14.75 0.00
5 24" RCP 1000 1000 o ls 24.30 0.00
6 24" Slotted RCP 165 165 o ls 41.80 0.00
7 Drainage Manhole 4 4 o If 1225.00 0.00
8 Conflict Manhole 1 0 -1 If 1610.00 -1610.00
9 Type C Inlet 4 4 o If 742.00 0.00
10 Type E Inlet 6 6 o ea 1445.00 0.00
11 20" X 8" Tapping Sleeve and Valve 1 1 o ea 5205.00 0.00
12 8" Gate Valve 8 9 1 ea 492.00 492.00
13 1" PE Service and Connection 160 160 o ea 21.00 0.00
14 2" PE Service and Comection 170 83 -87 ea 12.30 -1070.10
15 Furnish and Install Fire Hydrant Assembly 5 5 o ea 1356.00 0.00
16 8" DIP and Appurtenances 1670 1670 o If 18.55 0.00
17 Reconstruct Existing Sewer laterals 275 26 -249 If 6.90 -1718.10
18 8" Stabilized Subgrade 5500 6808 1308 sy 1.20 1569.60
19 6" limerock Base 675 1092 417 sy 4.65 1939.05
20 12" Stabilized Subgrade 3850 4364 514 sy 1.40 719.60
21 8" limerock Base 3850 4364 514 sy 5.14 2641.96
22 1 1/2" Type S-I Asphalt 4170 5456 1286 sy 3.30 4243.80
23 1" Type S-I Asphalt 80 4 -76 tn 42.90 -3260.40
24 Concrete Sidewalks 11900 11678 -222.00 sf 1.33 -295.26
25 Type B Curb 220 339 119.00 If 5.00 595.00
26 Header Curb 460 402 -58.00 If 5.50 -319.00
27 Type F Curb and Gutter 80 117 37.00 If 5.25 194.25
28 Bahia Sod 4800 5236 436.00 sy 1.10 479.60
29 Concrete Wheel Stops 16 0 -16.00 ea 15.00 -240.00
30 Striping and Signing 1 1 0.00 ls 5568.00 0.00
31 Traffic Control 1 1 0.00 ls 1275.00 0.00
32 Testing lab Allowance 1 0.40 -0.60 ls 5000.00 -3000.00
33 Video Recording Allowance 1 0.21388 -0.79 ls 2500.00 -1965.28
34 Indemnification 1 1 0.00 ls 10.00 0.00
---------------------
Subtotal Original Contract ($603.28)
Change Order #1 - Retention area and NW 10th Ave tie-in
A lake Ida Retention Area
1 Clearing and Grubbing 1 1 o ea 13600.00 0.00
2 Excavation (embankment measure) 18000 13985 -4015 ea 1.43 -5741.45
3 Type E Inlet 1 1 o ea 1445.00 0.00
4 4' Manhole 1 1 o ea 1283.70 0.00
5 Connect to existing 24" RCP stub 1 1 o ea 400.00 0.00
6 24" RCP 40 40 o ea 24.30 0.00
"
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7 Bahia Sodding 10000 10m mea 1.20 927.60
8 Concrete apron 1 1 o If 150.00 0.00
Seed and Mulch County R/W 0 1 1 ls 1100.00 1100.00
B NY 10th Ave Connection
1 Connect to existing structure 2 2 o If m.30 0.00
2 Manhole 1 0 -1 l f 1283.70 -1283.70
4 15" RCP 24 30 6 If 16.34 98.04
5 24" RCP 350 308 -42 If 27.23 -1143.66
6 Type C Inlet 1 2 1 If 776.60 776.60
7 Utility trench patch 374 373 -1 ea 25.00 -25.00
8 Reconstruct existing sewer lateral 100 35 -65 ea 6.90 -448.50
9 Maintenance of Traffic 1 1 o ea 1600.00 0.00
10 Mobilization 1 1 o ea 1900.00 0.00
---------------------
Subtotal Change Order #1 ($5,740.07)
Net total deduct Change Order #2 Final ($6,343.35)
============
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""",,'-"'I'\L.I vVI'4~ II'1U\" IIUN o G{J\\lj(Q) Du-; [ ~
, of Palm Beach, Inc.
,
.- 2461 Port West Blvd, ~L...J
West Palm Beach, Florida 33407 N~ 3582
(407) 863-6837
TO City of Delray Beach DATE
434 South Swinton Avenue J ,-
D'elray B'each, Florida JOB NAME
N.W. lQth Avenue/S ady Elem.
JOB No. .. .-
pro'ect #91-61
TERMS:
I~..<<C 'n;"';/'~MOUNT
';~:t:{':;';'f;; "'<:~; i~ir";:!~;;<":'l':,s ;
(See Attached Billing Draft)
Total Amount of Work In Place.....$311,267.66
Less Previous Payments............ 305,465.94
$ 5,801.72
TOTAL AMOUNT OF THIS INVOICE...... . . . . . . . . . 5 801.72
ORIGINAL white, DUPLICATE yellow, TRIPLICATE pink ~cy9UI !
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER t1Jt1..
SUBJECT: AGENDA ITEM # ~U - MEETING OF SEPTEMBER 28. 1993
RESOLUTION NO. 88-93
DATE: September 24, 1993
This is a resolution assessing costs for abatement action
required to demolish an unsafe building on property located at
34 N.W. 3rd Avenue. The resolution sets forth the actual costs
incurred and provides the mechanism to attach a lien on this property
in the event the assessment of $2,194.50 remains unpaid.
Recommend approval of Resolution No. 88-93 assessing costs to
demolish an unsafe building on property located at 34 N.W. 3rd Avenue.
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i RESOLUTION NO. 88-93
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A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF THE CODE OF
ORDINANCES OF THE CITY OF DELRA Y BEACH, ASSESSING COSTS
I FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON
LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING
OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING
FOR AN EFFECTIVE DATE AND FOR .A DUE DATE AND INTEREST
ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU-
TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE
SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR
THE MAILING OF NOTICE.
WHEREAS, the Building Official or his designated representative
has, pursuant to Chapter 165, of the Code of Ordinances, declared the
existence of an unsafe building upon certain lots or parcels of land,
described in the list attached hereto and made a part hereof, for
violation of the building codes and building requirements adopted by
Chapter 165 and those Codes adopted in Chapter 96 of the Code of Ord-
inances; and,
WHEREAS, pursuant to Chapter 165, of the Code of Ordinances of
the City of Delray Beach, the Building Official or his designated
representative has inspected said land(s) and has determined that an
unsafe building existed in accordance with the standards set forth in
Chapter 165 and/or Chapter 96 of the Code of Ordinances, and did furnish
the respective owner(s) of the land(s) described in the attached list
with written notice of unsafe building and detailed report of conditions
and notice to vacate as the Building Official determined that the
bui lding wa s manifestly unsafe and is considered a hazard to life and
, public welfare pursuant to Chapter 165, of the Code of Ordinances
I
1 describing the nature of the violations and sent notices that the build-
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I ing was to be vacated and that the building was to be repaired or
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i demolished; work must be begun within sixty (60) days and all work must
I be completed within such time as the Building Official determines, said
notice also advised that all appeals must be filed within thirty (30)
days from the date of service of the notice and failure to file an
I appeal or to make the repairs required that the Building Official would
have the authority to have the building demolished from the date of the
I said notice; and,
WHEREAS, all the notice requirements contained within Chapter
165 have been complied with; and,
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WHEREAS, neither an appeal to the Board of Construction Appeals
or corrective action was undertaken in accordance with the order of the
Chief Building Official; therefore pursuant to Section 165.41 the Build-
ing Official caused the abatement action to be done; and,
WHEREAS I the City Manager of the City of Delray Beach has,
pursuant to Section 165.42 of the Code of Ordinances of the City of
Delray Beach, submitted to the City Commission a report of the costs
incurred in abating said condition as aforesaid, said report indicating
the costs per parcel of land involved; and,
WHEREAS I the City Commission of the City of Delray Beach,
pursuant to Chapter 165, of the Code of Ordinances desires to assess the
cost of said condition against said property owner(s).
NOW, THEREFORE I BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA I AS FOLLOWS:
Section 1. That assessments in the amount of
as shown by
I the report of the City Manager of the City of Delray a copy of which is
attached hereto and made a part hereof, are hereby levied against the
I parcel(s) of land described in said report and in the amount(s) indi-
I cated thereon. Said assessments so levied shall, if not paid within
! thirty (30) days after mailing of the notice described in Section 165.42
I become a lien upon the respective lots and parcel(s) of land described
I
in said report, of the same nature and to the same extent as the lien
for general city taxes and shall be collectible in the same manner and
with the same penalties and under the same provisions as to sale and
foreclosure as City taxes are collectible.
Section 2. That such assessments shall be legal, valid and
binding obligations upon the property against which said assessments are
levied.
Section 3. That the City Clerk of the City of Delray Beach is
hereby directed to immediately mail by certified mail, postage prepaid,
return receipt requested, to the owner(s) of the property, as such
ownership appears upon the records of the County Tax Assessor, notice(s)
that the City Commission of the City of Delray Beach has levied an assess-
ment against said property for the cost of abatement action regarding an
unsafe building by the thirty (30) days after the mailing date of said
notice of assessment, after which a lien shall be placed on said proper-
ty, and interest will accrue at the rate of six percent (6%) per annum,
plus reasonable attorney's fees and other costs of collecting said sums.
- 2 - Res. No.88-93
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i Section 4. That this resolution shall become effective thirty
(30) days from the date of adoption and the assessment(s) contained
herein s'hall become due and payable thirty (30) days after the mailing
date of the notice of said assessment(s), after which a lien shall be
placed on said property(s), and interest shall accrue at the rate of six
percent (6%) per annum plus reasonable attorney's fee and other costs of
collect'ion.
Section 5. That in the event that payment has not been re-
ceived by the City Clerk within thirty (30) days after the mailing date
of the notice of assessment, the City Clerk is hereby directed to record
a certified copy of this resolution in the public records of Palm Beach
County, Florida, and upon the date and time of recording of the certi-
fied copy of this resolution a lien shall become effective on the
subject property which shall secure the cost of abatement, interest at
the rate of 6%, and collection costs including a reasonable attorney's
fee.
PASSED AND ADOPTED in regular session on this the day
of , 1993.
I MAY 0 R
I ATTEST:
I City Clerk
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I 3 - Res. No.88-93
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NOTICE OF ASSESSMENT
Date
TO: Willie M. and Days Richardson
ADDRESS: c/o Dorothy Reeder 7 Patton Street, Iselin, NJ 08830
PROPERTY: 34 NW 3rd Avenue, Delray Beach Fl 33444
LEGAL DESCRIPTION: Lots 7 and 8. Block 36. Town of Delrav accordin~ to
Plat Book 5. Paie 38 of the official records of Palm Beach Countv. Fl
You, as the record owner of, or holder of an interest in, the above-
described property are hereby advised that a cost of $2;194.50 by resolution
of the City.Commission of the City of Delray Beach, Florida, dated
, 1993, has been levied against the above-described property.
The costs were incurred as a result of a nuisance abatement action
regarding the above-described property. You were given notice on 1- t 1)-C)3
that the Building Official has determined that a building located on the
above-described property was unsafe. You were advised in that notice of the
action that would be taken to remedy that unsafe condition and that the action
would be initiatp.d on an emergency basis by the City.
x You failed to appeal the decision of the Building Official to the
Board of Construction Appeals although you were informed of your
right to an appeal and of the procedures for obtaining appeal.
You have also failed to take the corrective action required by
the notice of the Building Official.
You appealed the decision of the Building Official to the Board
of Construction Appeals. You were given written notification on
that you were required to take the corrective action
required by the decision of the Board of Construction Appeals
within a stated period of time. You failed to take the action as
required by the order of the Board of Construction Appeals.
You appealed the decision of the Building Official to the Board
of Construction Appeals on . The Board of Construction
upheld the decision of the Building Official.
The City of Delray Beach has therefore taken remedial action to remove
the unsafe condition existing on the above-described property on 9-:t4-93
at a cost of $2,194.50 which includes a ten percent (10%) administrative
fee. If you fail to pay this cost within thirty (30) days, that cost shall
be recorded on the official Records of Palm Beach County, Florida against
the above-described property.
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Copy ~f all notices referred to in this notice are available in the
office of the Build~ng Official.
BY ORDER OF TilE CITY COMMISSION.
City Clerk
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM 4t ~ V - MEETING OF SEPTEMBER 28. 1993
RESOLUTION NO. 89-93
DATE: September 24, 1993
This is a resolution assessing costs for abatement action
required to demolish an unsafe building on property located at
415 N.W. 2nd Street. The resolution sets forth the actual costs
incurred and provides the mechanism to attach a lien on this property
in the event the assessment of $2,489.30 remains unpaid.
Recommend approval of Resolution No. 89-93 assessing costs to
demolish an unsafe building on property located at 415 N.W. 2nd
Street.
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RESOLUTION NO. 89-93 I
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A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS
FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON
LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING
OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH ACTIONj PROVIDING
FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST
ASSESSMENTSj PROVIDING FOR THE RECORDING OF THIS RESOLU-
TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE
SUBJECT PROPERTY FOR UNPAID ASSESSMENTSj PROVIDING FOR
THE MAILING OF NOTICE.
WHEREAS, the Building Official or his designated representative I
has, pursuant to Chapter 165, of the Code of Ordinances, declared the
existence of an unsafe building upon certain lots or parcels of land,
described in the list attached hereto and made a part hereof, for
violation of the building codes and building requirements adopted by
Chapter 165 and those Codes adopted in Chapter 96 of the Code of Ord-
inancesj and,
WHEREAS, pursuant to Chapter 165, of the Code of Ordinances of
the City of Delray Beach, the Building Official or his designated
representative has inspected said land(s) and has determined that an
unsafe building existed in accordance with the standards set forth in
Chapter 165 and/or Chapter 96 of the Code of Ordinances, and did furnish
the respective owner(s) of the land(s) described in the attached list
with written notice of unsafe building and detailed report of conditions
and notice to vacate as the Building Official determined that the
building was manifestly unsafe and is considered a hazard to life and
public welfare pursuant to Chapter 165, of the Code of Ordinances
describing the nature of the violations and sent notices that the build-
ing was to be vacated and that the building was to be repaired or
demolished; work must be begun within sixty (60) days and all work must
be completed within such time as the Building Official determines, said
notice also advised that all appeals must be filed within thirty ( 30 )
days from the date of service of the notice and failure to file an
appeal or to make the repairs required that the Building Official would
have the authority to have the building demolished from the date of the
said notice; and,
WHEREAS, all the notice requirements contained within Chapter
165 have been complied with; and,
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WHEREAS, neither an appeal to the Board of Construction Appeals
or corrective action was undertaken in accordance with the order of the
Chief Building Officialj therefore pursuant to Section 165.41 the Build-
ing Official caused the abatement action to be donej and,
WHEREAS, the City Manager of the City of Delray Beach has,
pursuant to Section 165.42 of the Code of Ordinances of the City of
Delray Beach, submitted to the City Commission a report of the costs
incurred in abating said condition as aforesaid, said report indicating
the costs per parcel of land involvedj and,
WHEREAS, the City Commission of the City of Delray Beach,
pursuant to Chapter 165, of the Code of Ordinances 'desires to assess the
cost of said condition against said property owner(s).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That assessments in the amount of
as shown by
the report of the City Manager of the City of Delray a copy of which is
attached hereto and made a part hereof, are hereby levied against the
parcel(s) of land described in said report and in the amount(s) indi-
cated thereon. Said assessments so levied shall, if not paid within
thirty (30) days after mailing of the notice described in Section 165.42
become a lien upon the respective lots and parcel(s) of land described
in said report, of the same nature and to the same extent as the lien
for general city taxes and shall be collectible in the same manner and
with the same penalties and under the same provisions as to sale and
foreclosure as City taxes are collectible.
Section 2. That such assessments shall be legal, valid and
binding obligations upon the property against which said assessments are
levied.
Section 3. That the City Clerk of the City of Delray Beach is
hereby directed to immediately mail by certified mail, postage prepaid,
return receipt requested, to the owner(s) of the property, as such
ownership appears upon the records of the County Tax Assessor, notice(s)
that the City Commission of the City of Delray Beach has levied an assess-
ment against said property for the cost of abatement action regarding an
unsafe building by the thirty (30) days after the mailing date of said
notice of assessment, after which a lien shall be placed on said proper-
ty, and interest will accrue at the rate of six percent (6%) per annum,
plus reasonable attorney's fees and other costs of collecting said sums.
- 2 - Res. No.89-93
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Section 4., That this resolution shall become effective thirty!
(30) days from the date of adoption and the assessment (s) contained
herein shall become due and payable thirty (30) days after the mailing
date of the notice of said assessment(s), after which a lien shall be
placed on said property(s), and interest shall accrue at the rate of six
percent (6%) per annum plus reasonable attorney's fee and other costs of
collection.
Section 5. That in the event that payment has not been re-
ceived by the City Clerk within thirty (30) days after the mailing date
of the notice of assessment, the City Clerk is hereby directed to record
a certified copy of this resolution in the public records of Palm Beach
County, Florida, and upon the date and time of recording of the certi-
fied copy of this resolution a lien shall become effective on the
subject property which shall secure the cost of abatement, interest at
the rate of 6%, and collection costs including a reasonable attorney's
fee.
PASSED AND ADOPTED in regular session on this the day
of , 1993.
MAY 0 R
ATTEST:
City Clerk
- 3 - Res. No. 89 - 93
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NOTICE OF ASSESSMENT
Date
TO: Mr. Fred McCoy
cio Nort:h Dade Marine ImlLILuLc
ADDRESS' '6840 Indian Creek Drive, Miami Beach, Fl 33141
. Amer~t~rst: 'lor1c1a !ruc't cu., Tru::;Lcc of Meuy J. Chccu Rcvv...able Living Trust
PROPERTy:17500 NW 68th Avenue, #210, Hialeah, Fl 33015
415 NW 2nd Street, Delray Beach, Fl 33444
LEGAL DESCRIPTION: S150' of W135.5' of Block 26, Town of Delray according
to Plat Book 5, Page 64 of the official records of Palm Beach County, Fl
You, as the record owner of, or holder of an interest in, the above-
described property are hereby advised that a cost of S2.489.30by resolution
of the City Commission of the City of Delray Beach, Florida, dated
, 1993, has been levied against the above-described property.
The costs were incurred as a result of a nuisance abatement action
regarding the above-described property. You were given notice on 1-13-93
that the Building Official has determined that a building located on the
above-described property was unsafe. You were advised in that notice of the
action that would be taken to remedy that unsafe condition and that the action
would be initiatp.d on an emergency basis by the City.
x You failed to appeal the decision of the Building Official to the
Board of Construction Appeals although you were informed of your
right to an appeal and of the procedures for obtaining appeal.
You have also failed to take the corrective action required by
the notice of the Building Official.
You appealed the decision of the Building Official to the Board
of Construction Appeals. You were given written notification on
that you were required to take the corrective action
requi~edby the decision of the Board of Construction Appeals
within a stated period of time. You failed to take the action as
required by the order of the Board of Construction Appeals.
You appealed the decision of the Building Official to the Board
of Construction Appeals on . The Board of Construction
upheld the decision of the Building Official.
The City of Delray Beach has therefore taken remedial action to remove
the unsafe condition existing on the above-described property on q-17-q3
at a cost of $2,489.30 which includes a ten percent (10%) administrative
fee. If you fail to pay this cost within thirty (30) days, that cost shall
be recorded on the official Records of Palm Beach County, Florida against
the above-described property.
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Copy of all notices referred to in this notice are available in the
office of' the BuildJng Official.
BY ORDER OF THE CITY COMMISSION.
City Clerk
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM it ~ ~ - MEETING OF SEPTEMBER 28. 1993
RESOLUTION NO. 90-93
DATE: September 24, 1993
This is a resolution assessing costs for abatement action
required to remove nuisances on four (4 ) properties located within
the City. The resolution sets forth the actual costs incurred
and provides the mechanism to attach liens on these properties in
the event the assessments remain unpaid.
Recommend approval of Resolution No. 90-93 assessing costs for abating
nuisances on four (4 ) properties located within the City.
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RESOLUTION NO. 90-93 1
A RESOLUTION OF THE CITY, COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS
FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN
THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF
LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING
OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF
NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE
DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE
RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO
BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESS-
MENTS.
WHEREAS, the City Manager or his designated representative has,
pursuant to Chapter 100 of the Code of Ordinances, declared the .exis-
tence of a nuisance upon certain lots or parcels of land, described in
the list attached hereto and made a part hereof, for violation of the
provisions of Chapter 100 of the Code of Ordinances; and,
WHEREAS, pursuant to Section 100.20, 100.21 and 100.22 of the
Code of Ordinances of the City of Delray Beach, the City Manager or his
designated representative has inspected said land(s) and has determined
that a nuisance existed in accordance with the standards set forth in
Chapter 100 of the Code of Ordinances, and did furnish the respective
owner(s) of the land(s) described in the attached list with written
notice of public nuisance pursuant to Sections 100.20, 100.21 and 100.22
of the Code of Ordinances describing the nature of the nuisance(s) and
sent notice that within ten (10) days from the date of said notice
forty-two (42) days in the case of violation of Section 100.04 pertain-
ing to seawalls) they must abate said nuisance, or file a written
request for a, hearing to review the decision that a nuisance existed
within ten (l0) days from the date of said notice, failing which the
City of Delray Beach would proceed to correct this condition by abating
such nuisance, and that the cost thereof would be levied as an assess-
ment against said propertYi and,
WHEREAS, the property owner{s) named in the list attached
hereto and made a part hereof did fail and neglect to abate the
nuisance(s) existing upon their respective lands or to properly request
a hearing pursuant to Section 100.21 and 100.22 within the time limits
prescribed in said notice and Chapter 100 of the Code of Ordinances, or
if the property owner(s) did request and receive a hearing, said prop-
erty owner(s) failed and/or neglected to abate such nuisance(s) within
the time designated at the hearing wherein a decision was rendered
adverse to the property owner(s}i and,
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WHEREAS, the City of Delray Beach, through the City Administra-
tion or such agents or contractors hired by the City Administration was
therefore required to and did enter upon the land (s) described in the
list attached and made a part hereof and incurred costs in abating the
subject nuisance(s) existing thereon as described in the noticej and,
WHEREAS, the City Manager of the City of Delray Beach has,
pursuant to Chapter 100 of the Code of Ordinances of the City of Delray
Beach, submitted to the City Commission a report of the costs incurred
in abating said nuisance (s) as aforesaid, said report indicating the
costs per parcel of land involvedj and,
WHEREAS, the City Commission of the City of Delray Beach,
pursuant to Chapter 100 of the Code of Ordinances desires to assess the
cost of said nuisance(s) against said property owner(s),
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That assessments in the individual amounts as shown
by the report of the City Manager of the City of Delray Beach, involving
the City's cost of abating the aforesaid nuisances upon the lots or
parcels of land described in said report, a copy of which is attached
hereto and made a part hereof, are hereby levied against the parcel(s)
of land described in said report and in the amount(s) indicated thereon.
Said assessments so levied shall, if not paid within thirty (30) days
after mailing of the notice described in Sec. 3, become a lien upon the
respective lots and parcel(s) of land described in said report, of the
same nature and to the same extent as the lien for general city taxes
and shall be collectible in the same manner as mortgages and fore-
closures are under state law.
Section 2. That such assessments shall be legal, valid and
binding obligations upon the property against which said assessments are
levied.
Section 3. That the City Clerk of the City of Delray Beach is
hereby directed to immediately mail by first class mail to the owner(s)
of the property, as such ownership appears upon the records of the
County Tax Assessor, notice(s) that the City Commission of the City of
Delray Beach on the has levied an
assessment against said property for the cost of abatement of said
nuisance by the City, and that said assessment is due and payable within
thirty (30) days after the mailing date of said notice of assessment,
after which a lien shall be placed on said property, and interest will
accrue at the rate of 8% per annum, plus reasonable attorney's fees and
other costs of collecting said sums. A Notice of Lien shall be mailed,
along with the Notice of Assessment and this resolution.
- 2 - Res. No. 90-93
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'; Section 4. That this resolution shall become effective thirty
(30) days from the date of adoption and the assessment(s) contained
herein shall become due and payable thirty (30) days after the mailing
date of the notice, of said assessment(s), after which a lien shall be
placed on said property(s), and interest shall accrue at the rate of
eight (8) percent per annum plus, if collection proceedings are
necessary, the costs of such proceedings including a reasonable
attorney's fee.
Section 5. That in the event that payment has not been
received by the City Clerk within thirty (30) days after the mailing ,
date of the notice of assessment, the City Clerk is hereby directed to
record a certified copy of this resolution in the public records of Palm
Beach County, Florida, and upon the date and time of recording of the
certified copy of this resolution a lien shall become effective on the
subject property which shall secure the cost of abatement, interest at
the rate of 8%, and collection costs including a reasonable attorney's
fee.
PASSED AND ADOPTED in regular session on this the day
of , 1993.
MAYOR
ATTEST:
City Clerk
- 3 - Res. No. 90-93
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COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCES
PROPERTY DESCRIPTION OWNER ASSESSMENT
LOT 27, LINCOLN PARK, VICTOR & NELLIE NOCERA $ 47.16
DELRAY, PB 23, P 160, 626 WEST DRIVE 70.00 (ADM. COST)
PUBLIC RECORDS, PALM DELRAY BEACH, FL 33445 (RECORDING)
BEACH COUNTY, FL
(109 SW 9TH AVE)
S200' OF WI00' OF BLK PIERRE G. FRANCOIS ET AL $ 42.00
56, TOWN OF DELRAY, 117 S.W. 4TH STREET 15.00 (ADM. COST)
PB 20, P '55, PUBLIC DELRAY BEACH, FL 33444 (RECORDING)
RECORDS, PALM BEACH
COUNTY, FL
(117 SW 4TH ST)
S50' OF N250' OF W135' STELLA HERRING $300.00
OF BLK 14, TOWN OF 701 S.W. 8TH AVENUE 15.00 (ADM. COST)
DELRAY, PB 1, P 3, DELRAY BEACH, FL 33444-2462 (RECORDING)
PUBLIC RECORDS, PALM
BEACH COUNTY, FL
(117 SW 7TH AVE)
LOT 14, NICHOLS 1ST ELISE JACKSON $ 72.00
ADD TO DELRAY BEACH, NELLIE JACKSON 15.00 (ADM. COST)
PB 21, P 69, PUBLIC 1587 N.E. 3RD AVENUE (RECORDING)
RECORDS, PALM BEACH DELRAY BEACH, FL 33444-3543
COUNTY, FL
(14 & 16 SW 7TH ST)
VIOLATION IS: SEC. 100.01 LAND TO BE KEPT FREE OF DEBRIS, VEGETATION,
MATTER CONSTITUTING HAZARDS; DECLARED NUISANCE.
-4- Res. No. 90-93
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER tJi'1
SUBJECT: AGENDA ITEM .it ~'A - MEETING OF SEPTEMBER 28. 1993
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENTS
DATE: September 24, 1993
This item is before you to approve agreements which provide for the
distribution of Community Development Block Grant Funds with MAD DADS,
South County Boys and Girls Club and the Community Child Care Centers.
These agreements set forth the responsibilities of the parties
receiving CDBG funding and the City. The funding being distributed
under these agreements will be used to fund a position in each
organization. The standard termination clause is provided in each
agreement.
The City Attorney's office has reviewed these agreements and approved
them as to form.
Recommend approval of agreements which provide for the distribution of
Community Development Block Grant Funds with MAD DADS, South County
Boys and Girls Club and the Community Child Care Centers.
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, Aqanda I tam No.:
'AGENDA REOUES~
Date: 9/23/93
Request to be placed on:'
X Regular Agenda Special Agenda Workshop Aqenda
When: 9/28/93
Description of aqenda item (who, what, where, how much):
Community Development Block Grant Agreements for Funding and
Acceptance of Funds for Social Service Programs
MAD DADS, South County Boys and Girls Club and Comm Child Care Center
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommenda t ion: Approval
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Department Head Siqnature:
f
Determination of Consistency with Comprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all iteas involving expenditure
of funds) :
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for agenda: @, NO tr1
Hold Until:
Agenda Coordinator Review:
Received: .
Action: Approved/Disapproved
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MEMORANDUM
TO: DAVID HARDEN, CITY MANAGER
FROM: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENTLt/
RE: COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM/AGREEMENTS FOR
FOR FUNDING AND ACCEPTANCE OF FUNDS/SOCIAL SERVICE
PROGRAMS
DATE: SEPTEMBER 22, 1993
ITEM BEFORE THE COMMISSION:
Approval of Agreements between the City of Delray Beach and Men
Against Destruction Defending Against Drugs (MAD DADS) of Greater
Delray Beach; South County Boys and Girls Club and the Community
Child Care Center, for designated funding allocations and
acceptance of these funds under the Community Development Block
Grant Program.
BACKGROUND:
The Agreements with the three (3) Social Service Agencies are
developed pursuant to Federal Regulations published under 24 CFR
Part 85, Administrative Requirements for Grants and Cooperative
Agreements to State and Local and Federally Programs. These
regulations set. forth uniform agreement requirements for all
federally funded programs. Each of the agreements is specific
for services being provided by the agency with specified funding
allocations.
RECOMMENDATION
Staff lS recommending City Commission approval of the three
agreements as developed.
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER B/1i.
SUBJECT: AGENDA ITEM ~ gy - MEETING OF SEPTEMBER 28. 1993
COMMUNITY REDEVELOPMENT AGENCY SUBSIDIZED LOAN AGREEMENTS
DATE: September 241 1993
This item is before you to approve subsidized loan agreements with the
Community Redevelopment Agency and Banyon, ~~~ Equity and)(~~~
Banks for participation in the CRA's interest free loan program.
Approval of these agreements will provide additional funding sources
for program participants.
Recommend approval of agreements with Community Redevelopment Agency
and Banyon, Amtrust, Equity and Barnett Banks for participation in the
CRA's interest free loan program.
~:~~~ ~ Omfitad
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MEMORANDUM
TO: DAVID HARDEN, CITY MANAGER
FROM: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT~
RE: APPROVAL OF AGREEMENTS BETWEEN THE CITY, CRA AND VARIOUS
BANKS PARTICIPATING IN THE CRA ZERO INTEREST LOAN PROGRAM
DATE: SEPTEMBER 23, 1993
ITEM BEFORE THE COMMISSION:
Approval of four (4) seperate agreements to be excuted between
the City of Delray Beach, the Community Redevelopment Agency and
individual banks of Banyon, Amtrust, Equity and Barnett for
participation in the CRA's interest free loan program.
BACKGROUND:
The City Commission approved the first Tri-partite Agreement and
a Memorandum of Understanding between the City, CRA and First
Union Bank on March 9, 1991. The Commission has approved two (2 )
amendments to this agreement, one in January, 1992, the second in
August, 1993. The CRA is now requesting approval of four new
agreements which provides the opportunity for new banks to
participate in the successful "zero interest" program. These
agreements are consistant with ones already approved by
Commission. The City continues to work in partnership with the
CRA providing technical assistance to residential and commercial
properties who borrow monles primarily for exterior
improvements.
RECOMMENDATION:
Staff lS recommending the approval of the Tri-partite Agreements
as proposed between the City, CRA and Banyon, Equity, Amtrust and
Barnett Banks. The agreements will be affective on date of
execution.
CRA.AGR/LB
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SUBSIDIZBD LOIUf AGRBBHBIft
THIS SUBSIDIZED LOAN AGREEMENT is made and entered into on the _____ day
of , 1993, by and between the COMMUNITY REDEVELOPMENT AGENCY OF THi!:
CITY OF DELRAY BEACH, hereinafter referred to as the "CRA, " and BANYAN BANK,
hereinafter referred to as the "BANK," and the CITY OF DELRAY BEACH, hereinafter
referred to as the "CITY."
WIT N E SSE T H:
WHEREAS , the parties are desirous of entering into an Agreement for the
providing of a subsidized loan program ("the Program"),
NOW, THEREFORE , in consideration of the mutual covenants and promises
herein contained and other good and valuable consideration from one party to the
other, the receipt and adequacy of which is hereby acknowledged, the parties
hereby agree as follows:
1. The CRA has committed certain funding in its budget for the
Program and said funds will be available to the various participating banks on
first come first serve basis. The funds will be committed to an individual bank
in accordance with the Program in the order of receipt by the CRA of a written
firm loan commitment to individually approved borrowers. For purposes of
determining the order of receipt, all loan commitments will be deemed received
upon the physical receipt by the CRA at the office of its Executive Director.
Borrowers shall be limited to one loan per qualifying property or business.
2. The CRA will accept initial loan applications for the Program
from prospective borrowers and will approve or disapprove them, in the order of
receipt, solely on the basis of the proposed loan being for a qualified purpose
as hereinafter defined in Exhibit "A, " to an owner occupied single family
residence or multi-family residential property or a non-residential commercial
property ("Exterior Rehabilitation Loan"), or, to a business owner whose business
location lies within the redevelopment area of the CRA ("Business Loan"). Upon
such approval, the loan application will be forwarded by the CRA to the
participating banks in rotating order and upon receipt of the loan application
approved by the CRA the respective bank shall perform its underwriting evaluation
for approval or disapproval. Such Certificate of Approval issued by the CRA wild
include a determination as to whether the CITY or the BANK shall be responsible
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fC?r the disbursements required under the, loan. In the event the BANK is provided
with a CRA approved application and the BANK approves such loan and issues a firm
commitment therefore, the BANK shall forthwith deliver to CRA, in care of its
Executive Director, such loan commitment.
3. Upon receipt of an approved loan commitment from the BANK,
subject to the availability of funds for the Program, the CRA shall deposit with
the BANK in an escrow account a sum equal to the interest obligation computed at
the stated note rate excluding any provision for default interest or late
payments. The BANK shall hold such funds in escrow pending the closing of the
loan with the borrower and upon closing the BANK shall be entitled to draw all
of such prepaid interest out of the escrow account. In the event the subject
loan is prepaid in full by the borrower, the BANK shall pay to the CRA within
thirty (30) days after such prepayment an amount equal to the unearned interest
as determined in accordance with a straight amortization schedule computed at the
note interest rate reflecting the interest due for the unexpired term of the
loan. The BANK expressly acknowledges and agrees that the CRA shall have no
liability for the payment or obligation for any sums of whatever nature other
than the initial interest paid into the escrow account as hereinabove provided.
The parties acknowledge that the CRA will not be entitled to any refunds of
interest on loans which are not prepaid in full and are in default and have been
charged off by the BANK. At closing, the borrower shall be required to execute
an Affidavit in form approved by the CRA that the sole use of the proceeds of the
loan will be only for the purposes set forth in the approved loan application.
Further, the BANK shall require the borrower to execute a loan disbursement
agreement providing that in the event all of the work required to be performed
pursuant to the loan application in order to obtain the full disbursement of the
loan is not completed within the date provided for in said loan agreement, the
BANK or the CITY, whomever is respectively administering the disbursements, shall
return the undisbursed funds to the BANK, the loan shall thereupon be reduced to
such sums as shall have been disbursed by that date, and the BANK shall reimburse
the CRA for the unearned interest as provided for above.
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4. Upon the closing of the loan with the borrower, the BANK or the
CITY, as determined respectively in the notice of approval issued by the CRA,
shall disburse the loan proceeds in accordance with the terms of the loan
agreement. The borrower shall provide such reasonable documentation as the BANK
or the CITY, respectively, shall require with regard to disbursements requested.
Disbursements made only be made for the payment of completed work or purchase of
applicable improvements.
5. The CRA and the BANK hereby agree that loans which will qualify
for the Program will be made upon the following terms and conditions:
A. Business Loans:
(i) Loan amount: ten thousand dollars ($10,000.00)
minimum to fifty thousand dollars ($50,000.00) maximum;
. (ii) Purpose: purchase of inventory, furniture,
fixtures, equipment, construction of tenant improvements to leased premises
within the community redevelopment area;
(iii) Borrower Qualification: subject to bank's
underwriting standards;
(iv) Term: maximum term for loan shall be sixty (60)
months of equal principal payments;
(v) Interest rates: shall be fixed at the prime rate
as established by First Union Prime as of the date of closing;
(vi) Fees: normal closing costs including but not
limited to recording fees, Security Agreement, filing fees, documentary stamp
tax, intangible tax, etc., (these fees may be financed as part of the Loan by the
BANK) . In addition, an application fee of one hundred dollars ($100.00) for
unsecured loans and two hundred dollars ($200.00) for secured loans shall be
levied by the BANK.
B. Exterior Rehabilitation Loans
OWner occupied single family residential home improvements:
(a) Single Residential Family Home Improvements:
( i) Loan amount on unsecured loans: one thousand five
hundred dollars ($1,500.00) minimum to ten thousand dollars ($10,000.00) maximum;
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(ii) Loan amount on loans secured by first mortgages,
second mortgages or other acceptable collateral: five thousand dollars
($5,000.00) minimum to ten thousand dollars ($10,000.00) maximum;
(b) Two Unit Residential Improvements:
( i) Loan amount on unsecured loans: one thousand five
hundred 'dollars ($1,500.00) minimum to fifteen thousand dollars ($15,000.00)
maximum;
(ii) Loan amount on loans secured by first mortgages,
second mortgages or other acceptable collateral: five thousand dollars
($5,000.00) minimum to fifteen thousand dollars ($15,000.00) maximum;
(C) Three or More Residential Units:
( i) Loan amount on unsecured loans per unit: one
thousand five hundred dollars ($1,,500.00) minimum to five thousand dollars
($5,000.00) maximum, with a maximum aggregate loan of fifty thousand dollars
($50,000.00) for all units owned by one applicant.
(ii) Loan amount on secured loans per unit: two
thousand five hundred dollars ($2,500.00) minimum to five thousand dollars
($5,000.00) maximum, with a maximum aggregate loan of fifty thousand dollars
($50,000.00) for all units owned by one applicant.
(d) Purpose: qualifying alterations, repairs and/or
improvements to residential properties of the owner where the work substantially
protects or improves the exterior of the property as described in Exhibit "A;"
(e) Loan to value ratio: the maximum loan to value ratio
after the improvements and including all mortgages shall not exceed eighty five
percent (85%) of the appraised value or one hundred twenty-five percent (125%)
of the tax assessed value;
(f) Term: maximum term for both secured and unsecured shall
be sixty months (60) of equal principal payments;
(g) Interest rates: both secured and unsecured loans shall
be fixed at the Prime Rate as established by First Union Prime as of the date of
closing;
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(h) Fees:
( i) Unsecured loans - none,
(ii) Secured loans - normal closing costs including but
not limited to recording fees, title insurance, owners and encumbrance search,
documentary stamp tax, and intangible tax, etc., (the subject closing costs may
be financed by the BANK).
C. . Non-Residential COmmercial Property Improvements:
(i) Loan Amount: five thousand dollars ($5,000.00)
minimum to twenty thousand dollars ($20,000.00) maximum;
(ii) Purpose: qualifying improvements of the exterior
of non-residential commercial properties as described in Exhibit "A;"
(iii) Loan to value ratio: the maximum loan to value
ratio after the improvements and including all mortgages shall not exceed eighty
five percent (85\) of the appraised value or one hundred twenty-five percent
(125\) of the tax assessed value;
(iv) '.ferIIl : sixty months (60) equal principal payments;
(v) Interest rates: both secured and unsecured loan
shall be fixed at the Prime Rate as established by First Union Prime as of the
date of closing;
(vi) Cl.osing costs: normal. closing costs including but
not limited to recording fees, title insurance, owners and encumbrance search,
documentary stamp tax, and intangible tax, etc., (these fees may be financed as
part of the loan by the BANK but the CRA will not be responsible for the interest
on the financing of such costs);
(vii) Co1l.ateral: The loans to be collateralized as the
BANK deems necessary. Personal guarantees will be required in all instances
unless waived by the BANK.
6. The BANK hereby agrees to commit a maximum pool of funds of one
million dollars ($1,000,000.00), excluding the amounts of all loans made to date,
for the Loan Program for a period of one year (1) from the date of this Agreement
or until such pool of funds is exhausted through the making of Program loans.
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7. 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.
8. This Agreement shall be governed by and construed in accordance
with the laws of the State of Florida.
9. If' any action at law or in equity is necessary to enforce or
interpret the terms of this Agreement, the prevailing party shall be entitled to
reasonable attorney fees, expenses, costs of appeal and necessary disbursements
in addition to any other relief to which it may be entitled.
10. The rights and benefits of this Agreement shall not be
transferable by any party without the written consent of the other.
WI'l'NBSSES: COHKUNITY REDEVELOPMENT AGENCY
By:
WITNESSES: BANYAN BANK
By:
CITY OF DELRAY BEACH
By:
Attest:
By:
City Clerk Approved as to form:
By:
City Attorney
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EXHIBIT "A"
1- The following are authorized under the Business Loan:
a. Inventory;
b. Furniture, fixtures and equipment;
c. Tenant Improvements;
d. 5ignage;
2. The following external improvements to property are authorized under
this program:
a. Re-roofing;
b. Painting;
c. Awnings;
d. Shutters;
e. Siding;
f. Replacement of Rotten Wood;
g. Doors;
h. Windows;
i. Driveways/Paving;
j. Landscaping (sod, trees, bushes, plants and irrigation systems)
k. Exterior modifications, such as rebuilding a porch.
3. All materials and work must be in compliance with applicable City of
Delray Beach Building Codes.
4. Loan proceeds may be used to pay for applicable building permits.
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SUBBmItE1!D LOAlI ao--1Cat- . "
THIS AGRBEMB~_ MADE AND ENTERED INTO on the _ day of ,
.. -.. - - ..,... :.. .... '"
1993, by and between the COMMUNITY RBDBVBLOPMBRT AGENCY OF THE CITY OF DBLRAY
BEACH , hereinafter referred to as the "eRA," and BARRETT BARK OF PALM BEACH
COUNTY , hereinafter referred to as the "BAKk,. and the CITY OF DELRAY BEACH,
hereinafter referred to as the "CITY," is hereby entered into this _____ day of
, 1993.
WIT RES SET B:
NOW, TBBbl'ORB , in consideration of the mutual cdvenants and promises
herein contained the' Agreement is as follow8i
1- The CRAhas committed certain funding in its budget for the
, , ...., Program and said funds will be available to the variouil participating banks on
first come first .erve basis. The funds will be committed to an individual ban~ .
in accordance with the Program in the order of , receipt by the CRA of a written
firm loan commitment to individually approved borrowers. For purposes of
determining the order of receipt, all loan commitments will be deemed received
upon the physicAl receipt by the CRA at the office of its Executive Director.
Borrowers shall be limited to one loan per qualifying property or business.
2. The CRA will accept initial loan applications for the Program
from prospective borrowers and will approve or disapprove them, in the order of
receipt, solely on the basis of the proposed loan being for a qualified purpose
as hereinafter defined in Exhibit "A, " to an owner occupied single family
residence or multi-family residential property or a non-residential commercial
property ("Exterior Rehabilitation Loan"), or, to a business owner whose business
location lies within the redevelopment area of the eRA ("Business Loan"). Upon
such approval, the loan application will be forwarded by the CRA to the
participating banks in rotating order and upon receipt of the loan application
. .....
approved by' the CRA the respective bank shall perfonn ita underwriting evaluation
.......
'-' ....' , 'tor approval or disapproval. Such Certificate of Approval issued by the CRA 'will
include a determination as to whether the CITY or the SANK shall be responsible
for the disbursements required under the loan. In the event the BANK is provided
with a CRA approved application and the BARK approves Sluch loan and issues a firm
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c~itment therefore, the BAHt shall forthwith deliver to CRA, in care of it.
Executive Director, such loan commitment.
3. Upon receipt of an approved loan commitment from the BANJt,
subject to the availability of funds for the Itrogram, the eRA .hall deposit with
the BANK in an escrow account a SUlll equal to the interest obligation computed at
the stated note rate excluding any proviaion for default interest or late
payments. The BARK shall hold such tunds in escrow pending the closing of the
loan with the bor~ower and upon closing the..BAHtt shall be entitled to draw all
of such prepaid interest out of the escrow account. In the event the subject
loan is prepaid in full by the borrower, the BAkk shall pay to the eRA within
, , -"'......
thirty (30) day. after such prepayment an Amount equal to the unearned interest ·
as determined in accordance with a straight amortization schedule computed at the
. note interest rate reflecting the interest due for the unexpired term of the
loan. The BANK expressly acknowledges and agrees that the eRA shall have no
liability for the payment or obligation for any sumS ot whatever nature other
than the initial interest paid into the escrow account a. hereinabove provided.
The parties acknowledge that the CRA will not be entitled to any refunds of
interest on loans which are not prepaid in full and are in default and have been
charged off by the BANK. At closing, the borrower shall be required to execute
an Affidavit in form approved by the CRA a. described in Exhibit "B", that the
sole use of the proceeds of the loan will be only for the purposes set forth in
the approved loan application. Further, the BAHK shaH require the borrower to
execute a loan disburs~ment agreement providing that in the event all of the work
required to be performed pursuant to the loan application in order to obtain the
full disbursement of the loan is not completed within the date provided for in
said loan agreement, the BARK or the CITY, whomever l8 respectively administering
. _ _. ...., ,.,..the disbursel1M&nts;"'iihall return the undisbursed funds to the BANK, the loan shall
thereupon be reduced to such sums as shall have been disbursed by that date, and
the BANK shall reimburse the eRA for the unearned interest: as provided for above.
4. Upon the closing of the loan with the borrower, the BANK or the
CITY, as determined respectively in the notice of approval issued by the CRA,
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shall disburse the loan proceeds in accordance with the terms of the loan
, agreement. The borrower shall provide such reasonable documentation as the BANK
~.. ... or the CITY, respectively, shall require with regard to disbursements requested.
,
Disbursement. may only be made for the payment of completed work or purchase of
applicable Lmprovements.
5. The eRA and the BANlt hereby agree that loans which will qualify
for the Program will be made upon the following terms and conditions.
A. Business Loans.
( i) Loan amount t five thousand dollars ($5,000.00)
min~ to fifty thousand dollars ($50,000.00) maximum,
(U.) Purpose. purchas. of inventory, furniture,
fixtures, equipment, construction of tenant improvements to leased premises
. within the cOmmunity redevelopment area,
(Hi) Borrower Qualificationt subject to bank's
underwriting standards,
(iv) Term. maxLmum term for loan shall be sixty (60)
months of equal principal payments,
(v) Interest ratest shall be fixed at. the prime rate
as established by...Barnett Banks, Inc., Prime as of the date of closing,
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(vi) ,Peest normal closing costs including but not
limited to recording fees, Security Agreement, fili~g fees, documentary stamp
tax, intangible tax, etc., (these fees may be financed as part of the Loan by the
In addition, .....
BANK) . a credit investigation fee of fifty dollars ($50.00) for
unsecured loans and a document preparation and credit investigation fee of one
hundred dollars ($100.00) for secured loanl shall be levied by the BANK.
B. Bxterior Rehabilitation Loans
. Single family res~~e~tlal home improvements.
(a) Single Residential Pamily Home tmprovements.
(1) Loan amount on unsecu~ed 10an8t two thousand five
, .......,
hundred dollars ($2,500.00) minlmWll to ten thousand dolla~s ($10,000.00) maxLmumA
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(ii) Loan amount on loans secured by first mortgage.,
second mortgages or other acceptable collaterale five thousand dollars
($5,000.00) minimum to ten thousand dollars ($10,000.00) maximum;
(b) Two unit Residential Improvements.
(i) Loan amount on unsecured loans t two thousand five
hundred dollars ($2,500.00) minimum to fifteen thousand dollars ( $15, 000.00)
maximum;
(ii) Loan amount on loans secured by first mortgage.,
second mortgage. or other acceptable collateral. five thousand dollar.
($5,000.00) min~um to fifteen thousand dollars ($15,000.00)' max~,
('~l. Three or More Residential Unite.
. -.,-.. .. .......:... .... ,... (i) Loan amount on unsecured loans per unit. two
thousand five hundred dollars ($2,500.00) minimum to five thousand dollars
.
($5,000.00) maximum, with a maximum aggregate loan of fifty thousand dollars .,"',
($50,000.00) ,for all units owned by one applicant.
(ii) Loan amount on secured loans per unite two
thousand five hundred dollars ($2,500.00) minimum to five thousand dollars
($5,000.00) maximum, with a maximum aggregate loan of fifty thousand dollars
($50,000.00) for, al\ units owned by one applicant.
(d) Purpose: qualifying alterations, repairs and/or
improvements to residential properties of the owner where the work substantially
protects or improves the exterior of the property a. de8cribed in Bxhibit "A;" I
"
(e) Term: maximum term for both aecured and unsecured shall
be sixty months (60) of equal principal payments;
(f) Interest ratest both secured and unsecured loans shall
be fixed at the Prime Rate as established by Barnett Bank's, Inc., Prime as of
the date of cloaing;
(g) !'eesl
(i) Unsecured loans - none,
(H) secured loans - normal c108ing costs including but
not limited to recording fees, title insurance, owners and encumbrance search,
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d~umentary stamp tax, and intangible tax, etc., (the aubject closing costs'may,
. _ _" ..... " .~~.. financed by the,. BARK) .
c. Non-ReSidential Commeroial Property Improvements.
(i) Loan Amount: five thousand dollars ($5,000.00)
minimum to twenty thousand dollars ($20,000.00) maximum,
(ii) Purpose. qualifying improvements of the exterior
of non-residential commercial properties as described in Bxhibit "A,"
(iii) TeDla sixty months (60) equal principal payments,
(iv) Interest: rat..: both s&cured and unsecured loan
shall be fixed .at the Prime Rate as establiahed by darrtett Bank's, Inc., Prime
-
as of the date of Closing,
(v) Closlnu cost... normal clo.ing costs including but
. .....
not limited to r&cording fees, title insurance. owner. and encumbrance search, .
documentary stamp tax, and intangible tax, etc., (these fees may be financed as
part of the loart by the BANK but the CRA will rtot be responsible for the interest
on the financirtg of such cost.);
(vi) Collateral: The loans to be collateralized as the
BARK deems necessary. Personal guarantees will be required in all instances
unless waived by the BANK.
6. The BANK hereby agrees to commit a maximum pool of funds of one
million dollars ($1,000,000.00), excluding the amounts of all loans made to date,
for the Loan Program for a period of one year (1) from the date of this Agreement
or until such pool of funds is exhausted through the making of Program loans.
7. 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.
,. 8. This Agreement shall be governed by and construed in accordance
.__ ..,.,."with the laws of the" state of Florida.
9. If any action at law or in equity i. necessary to enforce or
interpret the terms of this Agreement, the prevailing party shall be entitled to
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reasonable a~~orney fees, expenses, costs of appeal and necessuy disbursemen~.
in addition to any other relief to which it may be entitled.
10. The rights and benefits of this Agreement shall not be
transferable by any party without the written consent of the other.
WITRBSSBSs . COMMuHITY RBDJlVBLOPMBNT AOBHCY
By.
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WITRBSSBSs BJ\RRBT'l' SAMlt OP PALM BBACH COUNTY
By'
CITY OP DBLRAY BBACH
Bys
Approved as to formt Attests
By: By.
City Attorney city Clerk
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EXHIBIT "A"
.
1- The f9llowing are authorized under the Bueiness Loan:
a. Inventory;
b. Furniture, fixtures and equipment,
c. Tenant Improvements,
d. Signage,
2. The' follOwing external improvemen€s'to property are authorized under
this program:
, ........ a. Re-roofing;
b. Painting, I
c. Awnings,
d. Shutters;
e. Siding,
f. Replacement of Rotten wood;
g. Doors,
h. Windows,
L Driveways/Paving;
j. Landscaping (sod, trees, bushes, plant. and irrigation systems)
k. Exterior modifications, such as rebuilding a porch.
3. All materials and work must be in compliance with applicable City of
Delray Beach Building Codes.
4. Loan proceeds may be used to pay for applicable building permits.
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BXHIBIT "B"
Al'PIDAVI'f
STATE OF FLORIDA )
) SS
COUN'l'r OF PALl( BUCH )
Before me, the undersigned Notary Public in and for the aforesaid County
and state, personally appeared' ,
hereinafter referred to as ("Borrowers") who by me being first duly sworn and
cautioned, deposed, stated and acknowledged the followingt
1. OUr names are , we reside at
, and we, having personal
knowledge of the loan with Barnett Bank of Palm Beach County, hereinafter
referred to as (the "Loan") and the following described matters, depose, state,
and acknowledge same to be true.
2. We hereby atate that as an inducement to aarnett Bank of Palm Beach
County enterino int.o that certain security Agreement da.tedthe day of _
, 199____ and that certain Promia.ory,Mote bf even date in the
principal amount of Do11ars ($" , ) and
as an inducement to the Community Redevelopment Agency of the City of Delray
Beach agreeing to .ubsidize the certain inter.st due on .ai~ ~a~,.y'~~r.Affiants
state under. penalties ot perjury that the proceeds 01 aaid Loan will.be used
solely for purpose. as set forth in the approved loan application and for no
.. __' ....' .,~t,J:l.er purposes. ........
,
Purther Affiants sayeth naught.
Sworn to and subscribed before me by
and
, this day of , 199---:..
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[SBAL]
Notary Public
My Commission Bxpires:
"'-'"
Who are personally known to me .
OR who produced
as identification
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8UB8mJ:.-n T.na. --.......-r
THIS AGRBBMIDfT MADB ARD BH'l'BRBD IH'lO on ~he clay of ,
1993, by and between ~he COKKUNITY RBDBVBLOPMBKT AGDCY 01' TIm CITY 01' DBLRAY
BBACH, hereinaf~er referred ~o as ~he "CRA," and AmTrus~ Bank, hereinaf~er
referred ~o as ~he "BAR1t," and ~he CITY 01' DBLRAY BEACH, hereinaf~er referred ~o
as ~he "CJ:TY,. is hereby en~ered in~o ~his day of , 1993.
WIT N B S S B T H:
NOW, THBRBPORB, in considera~ion of ~he mu~ual covenan~s and premises
herein con~ained ~he Aqreemen~ is as follows:
1. The CRA has' coami~~ed certain funding in i~s budget for' ~he
Program and said funds will be available ~o the various participating banks on
first come first serve basis. The funds will be cODlDi~~ed ~o an individual bank
. in accordance wi1:h the Program in ~he order of receipt by ~he CRA of a wri~~en
.
firm loan coamit:men~ ~o individually approved borrowers. I'or purposes of
de~ermining ~he order of receipt, all loan coamitmen~s will be deemed received
.- -- -- --.-
upon the physical receipt by the CRA a~ ~he office of i~s Executive Director.
Borrowers shall be limi~ed ~o one loan per qualifying property or business.
2. The CRA will accept initial loan applica~ions for ~he Program
from prospective borrowers and will approve or disapprove ~hem, in ~he order of
receipt, solely on the basis of the proposed loan being for a qualified purpose
as hereinafter defined in Bxhibi~ "A, " ~o an owner occupied single family
residence or multi-family residen~ial property or a non-residential commercial
property ("Ex~erior Rehabilita~ion Loan"), or, to a business owner whose business
location lies within ~he redevelopment area of the CRA ("Business Loan"). Upon
such approval, ~he loan application will be forwarded by the CRA ~o ~he
participa~ing banks in rotating order and upon receipt of the loan application
approved by the CRA ~he respective bank shall perform its underwri~ing evalua~ion
for approval or disapproval. Such Certifica~e of Approval issued by ~he CRA will
include a determina~ion as ~o whether the CITY or the BANK shall be responsible
for the disbursements required under the loan. In the event the BANK is provided
with a CRA approved application and the BANK approves such loan and issues a firm
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camDitment therefore, the BARK shall forthwi~h deliver to eRA, in care of its
Bxecutive Director; such loan cOllllDitment.
3. Upon receipt of an approved loan cOllllDitiDent from the BARK,
subject to the availability of funds for the Program, the CRA shall deposit with
the BARK in an escrow account a sum equal to the interest obligation compUted at
the stated note rate excluding any provision for default interest or late
payments. The BARK shall hold such funds in escrow pending the closing of the
loan with the borrower and upon closing the BARK shall be entitled to draw all
of such prepaid inter.st out of the escrow account. In the event the subject
loan is prepaid in full by ~he borrower, the BARK shall pay to the CRA within
thirty (30) days after such prepayment an amount equal to the unearned inter.st
as determined in accordance with a straight. amortization schedule computed at the
. note interest rate reflecting the interest due for the unexpired term of the
. loan. The BARK expressly acknowledges and aqrees that the CRA shall have no
liability for the payment or Obligation for any sums of whatever nature other
,- than the initial interest paid into the escrow account as hereinabove provided. -.-...--
The parties acknowledge that the eRA will not be entitled to any refunds of
interest on loans which are not prepaid in full and are in default and have been
charged off by the BARK. At closing, the borrower shall be required to execute
an Affidavit in form approved by the CRA as described in Exhibit "B", that the
sole use of the proceeds of the loan will be only for the purposes set forth in
the approved loan application. Further, the BARK shall require the borrower to
execute a loan disbursement agreement providing that in the event all of the work
required to be performed pursuant to the loan application in order to obtain the
full disbursement of the loan is not completed within the date provided for in
said loan agreement, the BANK or the CITY, whomever is respectively administering
the disbursements, shall return the undisbursed funds to the BANK, the loan shall
thereupon be reduced to such sums as shall have been disbursed by that date, and
the BARK shall reimburse the CRA for the unearned interest as provided for above.
4. Upon the closing of the loan with the borrower, the BANK or the
CITY, as determined respectively in the notice of approval issued by the CRA,
.....2.....
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shall disburse ~he loan proceeds in accC?rdanc. wi~h ~h. ~.rIIUI of ~he loan
~....n~ . The borrower shall provide such reasonable documen~a~ion .. ~h. BARlt
or ~h. CITY, respectively, shall require wi~h regard ~o di.burs81118n~s requ.s~ed.
Disburs_n~s may only be made for ~he paymen~ of cCllllple~ed work or purchase of
applicable J.mprovemen~s.
5. The CRA and ~he BARlt hereby agree ~ha~ loans which will qualify
for ~he Program will' be made upon ~he following ~erms and condi~ionsl
A. Business Loansl
(i) Loan amoun~ I fiv.,~housand dollars ($5,000.00)
,Ddntmum ~o fif~y ~housan~ dollars ($50,000.00) max~1
~ (ii) Purpose I purchase of inv.n~ory, furni~ur.,
fixtures, equipaen~ , cons~ruction of ~enan~ improvemen~s ~o leased premis.s
fu
t~ ":t- wi~hin ~he cClllllDUJli~y redevelopmen~ area,
" ,
. (iii) Borrower Qualifica~ionl subj ect: ~o bank'.
~ underwri~inq s~andards,
k
~~ (iv) Terau maximum ~erm for loan shall be sixty (60). .._
J.-
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\ mon~hs of equal principal payments,
I
(v) Interes~ rates: shall be fixed at the prime ra~e
as es~ablished by Barne~t Banks, Inc., Prime as of ~he date of closing,
(vi) Fees: normal closing costs including but not
limited ~o recording fees, Security Agreement, filing fees, documentary stamp
tax, intangible tax, etc., (these fees may be financed as part of the Loan by the
BANK) . In addition, a credit 'investigation fee of fifty dollars ($50.00) for
unsecured loans and a document preparation and credit inves~igation fee of one
hundred dollars ($100.00) for secured loans shall be levied by the BANK.
B. Exterior Rehabilitation Loans
Single family residential home improvements:
(a) Single Residential Family Home Improvements:
(i) Loan amount on unsecured loans: two thousand five
hundred dollars ($2,500.00) minimum to ten thousand dollars ($10,000.00) maximum,
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(ii) Loan amoul)t on loan. .ecured by fir.t mortgage.,
.econd mortgage. or other acceptable collateral a five thou.and dollar.
($5,000.00) minimum to ten thousand dollars ($19,000.00) maximum,
(b) Two Unit Residential IJDproveaaentsa
(i) Loan amount on unsecured loans a two thousazlci five
hundred dollars ($2,500.00) minimum to fifteen thousand dollars ($15,000.00)
maximum,
(ii) Loan 8JDO\1nt on loans secured by first mortgag.s,
second mortgages or other acceptable collateral a five thousand dollars
($5,000.00) JIIinimwD to. fifteen thousand dollars ($15,000.00) maximum,
(C) Three or More Residential Unitsa
(i) Loan amount on unsecured loans per unit a two
thousand five hundred dollars ($2,500.00) lIlinimum to five thousand dollars
.
. ($5,000.00) maximum, with a maxiJDwD aggregate loan of fifty thousand dollars
($50,000.00) for all units owned by one applicant.
(ii) Loan amount on secured loans per ,unit a ~~
thousand five hundred dollars ($2,500.00) miniJDwD to five thousand dollars
($5,000.00) maximum, with a maximum aggregate loan of fifty thousand dollars
($50,000.00) for all units owned by one applicant.
(d) Purpose: qualifying alterations, repairs and/or
improvelll8nts to residential properties of the owner where the work substantially
protects or iJDproves the exterior of the property as described in Bxhibit "A;"
(e) TerID:maximwD terID for both secured and unsecured shall
be sixty IIlOnths (60) of equal principal payments;
(f) Interest rates: both secured and unsecured loans shall
be fixed at the Prime Rate as established by Amtrust Prime as of the date of
closing;
(g) Pees:
(i) Unsecured loans - none,
(ii) Secured loans - nOrlD&l closing costs including but
not limited to recording fees, title insurance, owners and encumbrance search,
.....4.....
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documentary atamp tax, and intangible tax, etc., (the aubject: cloaing coata may
be f inaneecl by the IWOC).
c. Non-Residential CoaIIDercial Property Improvements:
(1) Loan Amount: five thousand dollars ($5,000.00)
minimum to ttNInty thousand dollars ( $20,000.00) maximuml
(ii) Parpose: qualifyinq improvements of the exterior
of non-residential cClllllD8rcial properties as described in Exhibit -AI-
(iii) ~: sixty months (60) equal principal paymentsl
(iv) ZDt:ere8t: rates: both securecl and unsecurecl loan
ahall be fixecl at the Prime Rate as establishecl by Amtrust Prime as of the date
.
of closinql
(v) Cl.oeiDg oost:s: normal closinq costs inc::ludinq but
not IJ.mJ.ted to recordinq fees, title insurance, owners and encumbrance search,
. documentary stamp tax, and intanqible tax, etc., (these fees may be financed as
part of the loan by the BU1t but the eRA will not be responsible for the intere81::
on the financinq of such costs) I --,.---
(vi) Collateral: The loans to be collateralizecl as the
BANK deems necessary. Personal guarantees will be required in all instances
unless waived by the BANK.
6. ' The BANK hereby agrees to commit a maximum pool of funds of
five hundred thousand dollars ($500,000.00), excluding the amounts of all loans
made to date, for the Loan Program for a period of one year (1) from the date of
this Aqreement or until such pool of funds is exhausted through the making of
Program loans.
7. 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.
8. This Agreement shall be governed by and construed in accordance
with the laws of the State of Florida.
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9. If any a=ion at law ~r in equity is neces.ary to enforce or
interpret the terIM of this Agr....nt, the prevailing party .hall be entitled to
reasonable attorney fees, expenses, costs of appeal aDd necessary disburs...nts
in addition to any other relief to which it may be entitled.
10. The rights and benefit. of this AgreelD8J1t . shall not be
transferable by any party without the written consent of the other.
WITRBSSBSa OOHHUHIft RBDBVBLOPMBRT AGDCY
Bya
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WITRBSSBS a Am'l'rust Bank
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. Bya
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Clft OF DBLRAY BEACH
By:
Approved as to form: Attest:
By: By:
City Attorney City Clerk
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BmIBI't -A-
1. The following are authorized under the ausiness Loana
a. Inventory,
b. Furniture, fixture. and equipment,
c. Tenant IIIIprov8lient.,
d. Signage,
2. The following external improvements to property are authorized under
thJ.. prograau
a. Re-roofing,
b. . Painting,
c. Awnings"
, d. Shutters,
e. Siding,
. .
f. Raplac81'118nt of Rotten Wood,
g. Doors,
h. Windows, ..-
L Driveways/Paving;
j. Landscaping (sod, trees, bushes, plants and irrigation systems)
k. Exterior modifications, such as rebuilding a porch.
3. All materials and work must be in compliance with applicable City of
Delray Beach Building COdes.
4. Loan proceeds may be used to pay for applicable building permits.
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BXHIBIT -B-
AITIDA~
S'rMB 01' l'LORIDA )
) SS
COUII'Zr 01' PAUl BBACB )
Before me, the undersigned Botary Public in and for the aforesaid COUnty
and Stat., perllOnally appeared ,
hereinafter referred to as (-Borrowers-) who by me being first duly IIWOrn and
cautioned, deposed, stated and acknowledged the following'
1. our names are , we r.side at,
, and we, having personal
knowledge of the loan with Aaltrust, hereinafter referred to as (the -Loan-) and
the followingdescri.bed matters, depose, state, and acknowledge same to be true.
2. We hereby state that as an induc_nt to Aaltrust entering into that
certain Security Agreement dated the _ day of , 199_
and that certain Promissory Bote of even date in the principal ~t of _
Dollars ($ )and,asaninduc~t to,.the
CClaIDunlty R8developll8Dt Agency ,of the city of, Delray' Beas!L~ing ',~.()':<~I!I!~~&e'
the certain interest: due on said Loan, your Affiants state Under ~ties of '
. . . perjury that the proceeds of said Loan will be used solely ,'for purpO... a.'Bet
forth in the approved loan application and for no other purposes.
.
hrther Affiants sayeth naught.
.- -<--
Sworn to and subscribed before me by
and
_, this day of , 199_"
[SEAL] Notary Public
My commission Expires:
Who are personally known to me
OR who produced
as identification
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SUBSIDIZED LOAN AGREBMEHT
THIS AGREEMENT MADE AND ENTERED INTO on the U-rrlr " day of \ L~_ ,
1993, by and between the COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF DELRAY
BEACH, hereinafter referred to as the "CRA," and EQUITY BANK hereinafter referred
to as the "BANK," and the CITY OF DELRAY BEACH, hereinafter referred to as the
, "CITY," is hereby entered into this,4''/ '- day of ( l" , 1993.
WIT N E SSE T H:
NOW, THEREFORE , in consideration of the mutuai covenants and promises
herein contained the Agreement is hereby amended and restated in its entirety as
follows:
1- The CRA has committed certain funding in its budget for the
Program and said funds will be available to the various participating banks on
first come first serve basis. The funds will be committed to an individual bank
in accordance with the Program in the order of receipt by the CRA of a written
firm loan commitment to individually approved borrowers. For purposes of
determining the order of receipt, all loan commitments will be deemed received
upon the physical receipt by the CRA at the office of its Executive Director.
Borrowers shall be limited to one loan per qualifying property or business.
2. The CRA will accept initial loan applications for the Program
.
from prospective borrowers and will approve or disapprove them, in the order of
receipt, solely on the basis of the proposed loan being for a qualified purpose
as hereinafter defined in Exhibit "A, " to an owner occupied single family
residence or multi-family residential property or a non-residential commercial
property ("Exterior Rehabilitation Loan"), or, to a business owner whose business
location lies within the redevelopment area of the CRA ("Business Loan"). upon
such approval, the loan application will be forwarded by the CRA to the
participating banks in rotating order and upon receipt of the loan application
approved by the CRA the respective bank shall perform its underwriting evaluation
for approval or disapproval. Such Certificate of Approval issued by the CRA will
include a determination as to whether the CITY or the BANK shall be responsible
for the disbursements required under the loan. In the event the BANK is provided
with a CRA approved application and the BANK approves such loan and issues a firm
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commitment therefore, the BANK shall forthwith deliver to CRA, in care of its
Executive Director, such loan commitment.
3. Upon receipt of an approved loan commitment from the BANK,
subject to the availability of funds for the Program, the CRA shall deposit with
the BANK in an escrow account a sum equal to the interest obligation computed at
the stated note rate excluding any provision for default interest or late
payments. The BANK shall hold such funds in escrow pending the closing of the
loan with the borrower and upon closing the BANK shall be entitled to draw all
of such prepaid interest out of the escrow account. In the event the subject
loan is prepaid in full by the borrower, the BANK shall pay to the CRA within
thirty (30) days after such prepayment an amount equal to the unearned interest
as determined in accordance with a straight amortization schedule computed at the
note interest rate reflecting the interest due for the unexpired term of the
loan. The BANK expressly acknowledges and agrees that the CRA shall have no
liability for the payment or obligation for any sums of whatever nature other
than the initial interest paid into the escrow account as hereinabove provided.
The parties acknowledge that the CRA will not be entitled to any refunds of
interest on loans which are not prepaid in full and are in default and have been
charged off by the BANK. At closing, the borrower shall be required to execute
an Affidavit in form approved by the CRA as described in Exhibit "B", that the
sole use of the proceeds of the loan will be only for the purposes set forth in
the approved loan application. Further, the BANK shall require the borrower to
execute a loan disbursement agreement providing that in the event all of the work
required to be performed pursuant to the loan application in order to obtain the
full disbursement of the loan is not completed within the date provided for in
said loan agreement, the BANK or the CITY, whomever is respectively administering
the disbursements, shall return the undisbursed funds to the BANK, the loan shall
thereupon be reduced to such sums as shall have been disbursed by that date, and
the BANK shall reimburse the CRA for the unearned interest as provided for above.
4. Upon the closing of the loan with the borrower, the BANK or the
CITY, as determined respectively in the notice of approval issued by the CRA,
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shall disburse the loan proceeds in accordance with the terms of the loan
agreement. The borrower shall provide such reasonable documentation as the BANK
or the CITY, respectively, shall require with regard to disbursements requested.
Disbursements may only be made for the payment of completed work or purchase of
applicable improvements.
5. The CRA and the BANK hereby agree that loans which will qualify
for the Program will be made upon the following terms and conditions:
A. Business Loans:
( i) Loan amount: five thousand dollars ($5,000.00)
minimum to fifty thousand dollars ($50,000.00) maximum;
(ii) Purpose: purchase of inventory, furniture,
fixtures, equipment, construction of tenant improvements to leased premises
within the community redevelopment area;
(iii) Borrower Qualification: subject to bank's
underwriting standards;
(iv) Term: maximum term for loan shall be sixty (60)
months of equal principal payments;
(v) Interest rates: shall be fixed at the prime rate
as established by Chase Manhattan Bank, N.A., as of the date of closing;
(vi) Fees: normal closing costs including but not
limited to recording fees, Security Agreement, filing fees, documentary stamp
tax, intangible tax, etc., (these fees may be financed as part of the Loan by the
BANK) . In addition, a credit investigation fee of fifty dollars ($50.00) for
unsecured loans and a document preparation and credit investigation fee of one
hundred dollars ($100.00) for secured loans shall be levied by the BANK.
B. Exterior Rehabilitation Loans
Owner occupied single family residential home improvements:
(a) Single Residential Family Home Improvements:
(i) Loan amount on unsecured loans: two thousand five
hundred dollars ($2,500.00) minimum to ten thousand dollars ($10,000.00) maximum;
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(ii) Loan amount on loans secured by first mortgages,
second mortgages or other acceptable collateral: five thousand dollars
($5,000.00) minimum to ten thousand dollars ($10,000.00) maximum;
(b) Two Unit Residential Improvements:
( i) Loan amount on unsecured loans: two thousand five
hundred dollars ($2,500.00) minimum to fifteen thousand dollars ($15,000.00)
maximum;
(ii) Loan amount on loans secured by first mortgages,
second mortgages or other, acceptable collateral: five thousand dollars
($5,000.00) minimum to fifteen thousand dollars ($15,000.00) maximum;
(c) Three or More Residential Units:
(i) Loan amount on unsecured loans per unit: two
thousand five hundred dollars ($2,500.00) minimum to five thousand dollars
($5,000.00) maximum, with a maximum aggregate loan of fifty thousand dollars
($50,000.00) for all units owned by one applicant.
( ii) Loan amount on secured loans per unit: two
thousand five hundred dollars ($2,500.00) minimum to five thousand dollars
($5,000.00) maximum, with a max,imum aggregate loan of fifty thousand dollars
($50,000.00) for all units owned by one applicant.
(d) Purpose: qualifying alterations, repairs and/or
improvements to residential properties of the owner where the work substantially
protects or improves the exterior of the property as described in Exhibit "A;"
(e) Loan to value ratio: the maximum loan to value ratio
after the improvements and including all mortgages shall not exceed eighty five
percent (85\) of the appraised value or one hundred twenty-five percent (125\)
of the tax assessed value;
(f) Term: maximum term for both secured and unsecured shall
be sixty months (60) of equal principal payments;
(9) Interest rates: both secured and unsecured loans shall
be fixed at the Prime Rate as established by Chase Manhattan Bank, N.A., as of
the date of closing;
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(h) Fees:
(i) Unsecured loans - none,
( ii) Secured loans - normal closing costs including but
not limited to recording fees, title insurance, owners and encumbrance search,
documentary stamp tax, and intangible tax, etc., (the subject closing costs may
be financed by the BANK).
C. Non-Residential Commercial Property Improvements:
(i) Loan Amount: five thousand dollars ($5,000.00)
minimum to twenty thousand dollars ($20,000.00) maximum;
( ii) Purpose: qualifying improvements of the exterior
of non-residential commercial properties as described in Exhibit "A;"
(iii ) Loan to value ratio: the maximum loan to value
ratio after the improvements and including all mortgages shall not exceed eighty
five percent (85\) of the appraised value or one hundred twenty-five percent
(125\) of the tax assessed value;
(iv) Term: sixty months (60) equal principal payments;
(v) Interest rates: both secured and unsecured loan
shall be fixed at the Prime Rate as established by Chase Manhattan Bank, N.A.,
as of the date of closing;
(vi) Closing costs: normal closing costs including but
not limited to recording fees, title insurance, owners and encumbrance search,
documentary stamp tax, and intangible tax, etc., (these fees may be financed as
part of the loan by the BANK but the eRA will not be responsible for the interest
on the financing of such costS);
(vii) Collateral: The loans to be collateralized as the
BANK deems necessary. Personal guarantees will be required in all instances
unless waived by the BANK.
6. The BANK hereby agrees to commit a maximum pool of funds of
three hundred thousand dollars ($300,000.00), excluding the amounts of all loans
made to date, for the Loan Program for a period of one year (1) from the date of
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this Agreement or until such pool of funds is exhausted through the making of
Program loans.
7. 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.
8. This Agreement shall be governed by and construed in accordance
with the laws of the State of Florida.
9. If any action at law or in equity is necessary to enforce or
interpret the terms of this Agreement, the prevailing party shall be entitled to
reasonable attorney fees, expenses, costs of appeal and necessary disbursements
in addition to any other relief to which it may be entitled.
10. The rights and benefits of this Agreement shall not be
transferable by any party without the written consent of the other.
WITNESSES:
(~~ ( \ C~~'
./ :~ . ~;...
\ . . . \ ..... ,. . -
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.J I
d0~1A 1Itc~
WITNESSES: EQUITY BANK
o- J ..)q~.
CITY OF DELRAY BEACH
By:
Approved as to form: Attest:
By: By:
City Attorney City Clerk
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EXHIBIT "A"
1- The following are authorized under the Business Loan:
a. Inventory;
b. Furniture, fixtures and equipment;
c. Tenant Improvements;
d. Signage;
2. The following external improvements to property are authorized under
this program:
a. Re-roofing;
b. Painting;
c. Awnings;
d. Shutters;
e. Siding;
f. Replacement of Rotten Wood;
g. Doors;
h. Windows;
i. Driveways/Paving;
j. Landscaping (sod, trees, bushes, plants and irrigation systems)
k. Exterior modifications, such as rebuilding a porch.
3. All materials and work must be in compliance with applicable City of
Delray Beach Building Codes.
4. Loan proceeds may be used to pay for applicable building permits.
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EXHIBIT "B"
AFFIDAVIT
STATE OF FLORIDA )
) SS
COUNTY OF PALM BEACH)
Before me, the undersigned Notary Public in and for the aforesaid County
and State, personally appeared ,
hereinafter referred to as ("Borrowers") who by me being first duly sworn and
cautioned, deposed, stated and acknowledged the following:
1- OUr names are , we reside at
, and we, having personal
knowledge of the loan with Equity Bank, hereinafter referred to as (the "Loan")
and the following described matters, depose, state, and acknowledge same to be
true.
2. We hereby state that as an inducement to Equity Bank entering into that
certain Security Agreement dated the _____ day of , 199
and that certain Promissory Note of even date in the principal amount of ____
Dollars ($ ) and as an inducement to the
Community Redevelopment Agency of the City of Delray Beach agreeing to subsidize
the certain interest due on said Loan, your Affiants state under penalties of
perjury that the proceeds of said Loan will be used solely for purposes as set
forth in the approved loan application and for no other purposes.
Further Affiants sayeth naught.
Sworn to and subscribed before me by
and
_, this day of , 199 - .
[SEAL)
Notary Public
My Commission Expires:
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM it '6Z- - MEETING OF SEPTEMBER 28. 1993
CORRECTION OF FUNDING SOURCE - CHANGE ORDER NO. 3/DUTCH
CONSTRUCTION COMPANY
DATE: September 24, 1993
This item is before you to approve the correction to the funding
source for Change Order No. 3, to the contract with Dutch Construction
Company, in the amount of $10,210.71 from 1992 Bond Anticipation Note
- Veterans Park Redevelopment (Account No. 227-4126-572-61.63) to
Decade of Excellence Bond Issue - Veterans Park Redevelopment (Account
No. 225-4126-572-61.63).
This change order was originally approved at the August 24th regular
meeting. Subsequently, staff discovered the funding source cited was
incorrect. There is no money available in the Bond Anticipation Note
to finance this change order.
Recommend approval of the correction to the funding source for Change
Order No. 3, to the contract with Dutch Construction Company, in the
amount of $10,210.71 from 1992 Bond Anticipation Note - Veterans Park
Redevelopment (Account No. 227-4126-572-61.63) to Decade of Excellence
Bond Issue - Veterans Park Redevelopment (Account No.
225-4126-572-61.63).
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Agenda I tern No. :
AGENDA REQUEST
Date: Oq/??,/q?,
Request to be placed on:'
XX Regular Agenda Special Agenda Workshop Agenda
When: 09/28/93
~ro""nllnr
ORDlNANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Approve fundine: from the DpC'RrlP of F-Vl"P 119n('~ Rond Is!'me
Account 225-4126-572-61.63 pending a bude:et transfer.
Department Head Signature: IJUrJ.lvr,;t .
Oetermination of Consistency with Comprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds):
Funding available: ~ NO N/A (if 'applicable)
Funding alternatives:
Account No. & Description: 225-4126-572-61.63 (Decade of Excellence Bond)
Account Balance: $10,211.00 pendine: a budget transfer. '
City Manager Review:
Approved for agenda: @/ NO ei1
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
'.
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City of Delray Beach
Departmental Budget Transfer
(1) Departmental Une Transfer (2) Date September 23, 1993
(3) Interfundllnterdepartmental Transfer (4) Batch Number
(5) Requested By: Joseph Safford, Director of Finance
(6) ACCOUNT NUMBER (7) DESCRIPTION (8) TRANSFER OUT (9) TRANSFER IN
225-2913-519-12.10 Salaries 10,211
225-4126-572-61.63 Veteran's Park 10,211
(10) TOTAL 10,211 10,211
JUSTIFICATION:
To transfer monies needed to fund chan~e order #3 to Dutch Constrllrrlnn
Co. for the rehabilitation of lawn bowlin2 Court at n ,~ p",,...~
Department Head IY1 (U~~ - Asst City Manager
C audget Officer City Manager
~"
(11) Budget Revision Date (12) Control Number
(13) Period (14) Count
ORIGINAL-BUDGET CANARY-FILE PINK-DEPARTMENT
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER f)jv(
SUBJECT: AGENDA ITEM ~ ~f\~ - MEETING OF SEPTEMBER 28. 1993
AWARD OF BID AND ONTRACTS
DATE: September 24, 1993
This item is before you to approve the award of the following bids and
contracts with funding as indicated:
1. Workstations and Furniture - Fire Station Headquarters - J.C.
White Office Products (Groups 1, 3, and 4 ) in the amount of
$30,799.70 and Joyce Office Products (Group 2) in the amount of
$1,986.50; with funding from 1992 Bond Anticipation Note -
Central Fire Station (Account No. 227-2311-522-61.56) .
2 . Chemicals and Fertilizers - Annual Contract - Various vendors
in the estimated annual amount of $132,589.81 with funding from
Gardening Supplies (Various Departmental Account Nos.
XXX-XXXX-XXX-52.26).
3. Gas and Diesel Fuel - Garage - Various Vendors (via Palm
Beach County Co-op bid) in the estimated annual amount of
$171,463.38 with funding from Garage Inventory - Fuel (Account
No. 501-3311-591-52.51).
4 . Scott Paks (16) - Highland Beach Fire Facility - Safety
Equipment Company in the amount of $27,152 with funding from
Highland Beach - Other Machinery (Account No.
115-2313-522-64.90) .
Recommend approval of the award of the above bids and contracts with
funding as indicated.
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Agenda I tern No. :
AGENDA REQUEST
Date: September 22, 1993
Request to be placed on:'
X Regular Agenda Special Agenda Workshop Agenda
When: Sept. 28, 1993
Description of agenda item (who, what, where, how much): Bid 1193-48
Award of Bid for Workstations and Furniture for Fire Station Headquarters to
various vendors at an cost of $ 32.786.20.
Grollp 1,1,4 t'o .Le.White Office Products @ 3O,799~70
Group 2 to Jovce Office Products @ 1,986.50
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Award to low bidders at a cost of $32,786.20
.
Department Head Signature: I?~~ ~~~L f.JkV/'13
Deteraination of Consistency with Comprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all iteas involving expenditure
of funds):
Funding available: ~I NO
Funding alternative' (if a~Pl~ca~
Account No. & DeSC~tiOD' ~ 1-l.611~J-'2.. /oF2;b l"A. .'- E FIJ2E~
Account Balance: ,4.f.if .
City Manager Review:
Approved for agenda: ~/ NO ~
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
'.
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Agenda Item No.:
AGENDA REQUEST
Date: 9120/9.3
Request to be placed on:'
X Regular Agenda Special Agenda Workshop Agenda
When: Sept. 28, 1993
Description of agenda item (who, what, where, how much): Anml,ql l'ontract -
for r.hpm;r,ql~ ::Inn Fpr~;';7prQ - Award to various vendors at an estimated
annnal cost of $11?,'lRQ.Ql
ORDIHAHCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Award to various vendors at estimated annnal cost of
$112.'589.c}1
~
Department Head Signature: ;P~A1~~./f' 3
Determination of Consistency with Comprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all iteas involving expenditure
of funds):
f'
Funding available: YES/ NO
Funding alternative ~ . (if applicable)
Account No. & Des~tiOI!.: .e,A~/Ne, Su.PPU~S (CITY f\}IDEJ 62-2~
Account Balance: S ,D'S;./.) /jU c.e~ c;c'6 ~~<<-
City Manager ~eview:
Approved for agenda: @/ NO mv1
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
'.
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Agenda I tern No. :
AGENDA REQUEST
Date: 09/21/93
Request to be placed on:'
X Regular Agenda Special Agenda Workshop Agenda
When: Sept. 28, 1993
Description of agenda item (who, what, where, how much):
Multiple awards for Co-op Bid for Gasoline and Diesel Fuel at an estimated
annnal cost of $171.463.38
ORDIHAHCEI RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Multiple awards for Gasoline and Diesel Fuel per Palm Beach
County Co-op Bid at estimated annual cost at ~171,46j.j~
~
Department Head Signature: R~ AJ ,,d.tl.J f! ~ ~-<.4-L <;>~I/V
Determination of Consistency with Comprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all iteas involving expenditure
of funds):
Funding available: ~/ NO
Funding alternatives: (if a~Plt8N~
Account No. & Descri,tion: ~. S~-S~~ IN -Fu G'-
Account Balance: '2-i., 15(D.Cf)~ . -
City Manager Review:
Approved for aqenda'~ NO ~
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
'.
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Agenda Item- No.:
AGENDA REQUEST
Date: 9/22/93
Request to be placed on:
XX Regular Agenda
Special Agenda
Workshop Agenda When: 9/28/93'
.
Description of item (who, what, where, how much): Pur'chase of Scott Paks
(Self Contained Breathing Units) for Highland Beach facility.
(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 with funding to come from Highland Beach
transitional expenses line item #115-2313-522-64-90.
(Example: Recommend approval with funding from Special Events Account
No. 001-3333-555-44.55).
Department Head Signature: .~':"[A/~.
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds):
Funding available: ~/ NO
Funding alternatives: (if ~liCa~~~)
Account No. & Des-At~tion~ JJ~-'l.:?>J~-S '2-1--JP4--Qo \t1~1I.l Bt!. -VtW.V'~ .
Account Balance: ?J\ .10
I
City Manager Review:
l':pproved for agenda: ~/ NO fl1v1
Hold Until: V - - f
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action: Approved/Disapproved
'.
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M E M 0 RAN DUM
TO: David T. Harden, City Manager
THROUGH: Robert A. Barcinski. Assistant City Manager~
THROUGH: Ted Glas, Purchasing Officer ~)f
FROM: Jacklyn Rooney, Buyer 0/-
DA T E : September 21. 1993
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
SEPTEMBER 28, 1993 - BID AWARD - BID #93-48
WORKSTATIONS AND FURNITURE FOR FIRE DEPT. HEADQUARTERS
Item Before City Commission:
The City Commission is requested to make multiple awards to low
responsive, responsible bidders, as stated below, at a 'L leG! I
cost of $32,786.20. Per the Budget Office, funding is from:
( ) .
Background:
The Fire Department has a need for furniture for the new Fire Dept.
Headquarters.
Bids were received on September 02. 1993, from thirteen (13) vendors, all
in accordance with City purchasing procedures. (Bid #93-48. Documentation
on file in the Purchasing Office). A tabulation of bids is attached for
your review.
Our detailed specifications were reviewed by Ms. Victoria Chambers from
the State of Florida Department of Management Services. Specifications
were determined to be very thorough.
In addition, Ms. Jane Baxter, a local interior designer, assisted staff in
review of bids to determine if " as equal bids " were of equal quality and
met specifications. Ms. Baxter has determined that all bids meet
requirements. She did think however that we could obtain a better
stacking chair at less cost. Staff did review her suggestion and have
determined that the chair recommended did not meet our bid specifications,
and would not be less expensive than the chair bid.
The cost of bids received were approximately the same as those previously
recommended for award under existing County Sherrif Department contracts.
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The Assistant Fire Chief has reviewed the bids, and recommends multiple
awards, per attached memo and highlighted tab sheet,
Group # Vendor Amount
L J.C. White Office Products $ 13,933.31
2. Joyce Office Products Center 1,986.50
3. J.C. White Office Products 2,576.00
4. J.C. White Office Products 14.290.39
Recommendation:
Staff recommends multiple awards to vendors as stated above, at a cost of
$32.786.20. Funding as outlined above.
Attachments:
Tabulation of Bids
Recommendation from Fire Department
cc Chief Koen
'.
Award Recommendations:
Group 1 - Chairs
J.C. White Office Products
$13,933.31
Samsonite / Hon
Group 2 - Rectangular Tables
Joyce Office Products Centers
$1,986.50
Bevis
Group 3 - Four Drawer Legal Laterial Files
J.C. White Office Products
$2,576.00
Hon
Group 4 - Workstations
J.C. White Office Products
$14,290.39
Haworth Premise
Total Amount: $32,786.20
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M E M 0 RAN DUM
TO: David T. Harden. City Manager
THROUGH: Robert A. Barcinski. Assistant City Manager/~
Administrative Services
THROUGH: Ted Glas. Purchasing Officer
FROM: Jacklyn Rooney, Buyer cf
DATE: September 20, 1993
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
SEPTEMBER 28. 1993 - BID AWARD - BID #93-42
CHEMICALS & FERTILIZERS. ANNUAL CONTRACT
Item Before City Commission:
The City Commission is requested to make multiple awards to low responsive
bidders. as stated below, at an estimated annual cost of $132.589.81.
Background:
The Delray Beach Purchasing Office is the lead organization for this
county cooperative contract. Bids were received on August 10. 1993, from
sixteen (16) vendors, all in accordance with City purchasing procedures.
(Bid #93-42. Documentation on file in the Purchasing Office) . A
tabulation of bids is attached for your review.
Recommendation:
The Palm Beach County Cooperative Purchasing Group has reviewed the bids
and recommends multiple awards to the low responsive bidders. as
highlighted on tab sheets. The City of Delray Beach Parks & Recreation
Department and Golf Course staff have also reviewed the bids and concu r
with this recommendation.
Delray's Estimated
Vendor Annual Expenditure
Van Waters & Rogers Inc. $ 2,087.60
Regal Chemical Company 3,650.00
O.M. Scott's 4,080.00
Colonial Products, Inc. 8,105.80
Atlantic FEC Fertilizer & Chemical Co. 12,495.50
Howard Fertilizer, Co. Inc. 12,252.75
Lykes Agri Sales, Inc. 28,636.46
Lesco, Inc. 19,201.00
United Horticultural Supply 9,773.50
Helena Chemical Co. Inc. 25,727.20
Asgrow Florida Co. 5,950.00
Du Cor International Corp, 630.00
Total Estimated Annual Cost $ 132,589.91
'.
,.
City of Delray Beach Requirements
CHEMICALS:
ITEM QUANTITY UNIT COST EXTENDED COST VENDOR AWARDED TO REQUESTING DEPARTMENT
-
6. 300 lb. 36.15 lb. $ 10,845.00 Helena Chemical Delray Golf Course
7. 5 gal 58.00 gal 290.00 United Horticultural " " "
8. 50 gal 22.00 gal 1,100.00 Lesco Inc. " " "
9. 48 lbs 28.60 lb. 1,372.80 Van Waters " " "
10. 100 gal 3.13 gal 313.00 Van Waters " " "
11. 15 gal 84.00 gal 1,260.00 Asgrow Florida " " "
12. 15 gal 33.00 gal 495.00 Regal Chemical " " "
13. 15 gal 12.80 gal 192.00 Atlantic FEC " " "
17. 5 gal 37.50 gal 187.50 Atlantic FEC " " "
19. 4000 lbs . 37 lb. 1,480.00 Colonial Products " " "
20. 10 gal 13.42 gal 134.20 Helena Chemical " " "
21. 50 lbs 5.65 lb 282.50 United Horticultural " " "
23. 100 lbs . 71 lb 71 . 00 Lesco Inc. " " "
24. 20 gal 75.00 gal 1,500.00 Atlantic FEC " " "
25. 10 gal 183.00 gal 1,830.00 United Horticultural " " "
26. 100 lbs 19.50 lb 1,950.00 Asgrow Florida " " "
27. 20 bag 65.00 bag 1,300.00 Asgrow Florida " " "
30. 150 gal 55.44 gal 8,316.00 Helena Chemical " " "
31. 50 gal 56.50 gal 2.825.00 Regal Chemical " " "
32. 200 lbs 9.30 lb 1,860.00 United Horticultural " " "
33. 50 lb s 10.69 lb ' 534.50 Atlantic FEC " " "
35. 500 lbs 8.00 lb 4,000.00 O.M. Scott " " "
37. 100 gal 40.88 gal 4,088.00 Helena Chemical " " "
39. 50 lbs 24.00 lb 1,200.00 Asgrow Florida " " "
42. 50 gal 6.00 gal 300.00 Helena Chemical " " "
43. 10 gal 175.80 gal 1,758.00 United Horticultural " " "
45. 5 gal 62.40 gal 312.00 United Horticultural " " "
47. 15 gal 24.70 gal 370.50 Van Waters & Rogers " " 'II
'48. 20 gal 155.00 gal 3,100.00 United Horticultural " " "
49. 100 gal 6.30 gal 630.00 DuCor International " " "
50. 50 gal 17 . 36 gal 868.00 Atlantic FEC " " "
----------
TOTAL $ 54,765.00
FERTILIZERS:
1. 1000 lbs .1675 lb 167.50 Howard Fertilizer " " "
2. 50000 lbs .180475 lb 9,023.75 Lykes Agri Sales " " "
4. 20000 lbs .180125 lb 3,602.50 Lykes Agri Sales " " "
5. 120000 lbs .096 lb 11,520.00 Lesco Inc. " " "
7. 30000 lbs .08 lb 2,400.00 Atlantic FEC " " "
8. 2000 lbs .0825 lb 165.00 Lykes Agri Sales " " "
10. 20000 lbs .11)125lb 2,262.50 Lykes Agri Sales " " "
11. 48000 lbs '.0825 lb 3,960.00 Lykes Agri Sales " " "
13. 30000 lbs . 11 75 lb 3,525.00 Howard Fertilizer " " "
17. 60000 lbs .1072 lb 6,432.00 Atlantic FEC " " "
19. 20000 lbs .1700lb 3,400.00 Lykp.s Agri Sales " " "
----------
TOTAL $ 46,458.2S
'.
>, ~
i
CHEMI CALS :
ITEM QUANTITY' UNIT COST EXTENDED COST VENDOR AWARDED TO REQUESTING DEPARTMENT
10. '10 gal $ 3~ 13"gal $ '31~30 Van Waters & Rogers Parks Department
12. 10 gal 33.00 gal 330.00 Regal Chemical " "
16. 11000 lbs .60 lb 6,600.00 Colonial Products " "
17. 5 gal 37.50 gal 187.50 Atlantic FEC " "
21. 10 lbs 5.65 lb 56.50 United Horticultural " "
32. 15 lbs 9.30 lb 139.50 United Horticultural " "
35. 10 lbs 8.00 lb 80.00 O.M. Scott " "
37. 50 gal 40.88 gal 2,044.00 Helena Chemical tl "
39. 10 lbs 24.00 lb 240.00 Asgrow Florida " "
40. 30 lbs .86 lb 25.80 Colonial Products " "
50. 5 gal 17.36 gal 86.80 Atlantic FEC " "
$ 9,821.40
TOTAL
FERTILIZERS:
1. 23,000 lbs .1675 lb 3,852.50 Howard Fertilizer Parks Department
2. 24,000 lbs .180475 lb 4,331.40 Lykes Agri Sales " I
4. 10,500 lbs .180125clb 1,891.31 Lykes Agri Sales "
12. 250 lbs .58 lb 145.00 United Horticultural "
16. 12,000 lbs .33 lb 3,960.00 Lesco Inc. "
17. 1,000 lbs . 1072 lb 107.20 Atlantic FEC "
20. 10,000 lbs .155 lb 1,550.00 Lesco Inc.. "
21. 5,000 lbs .20 lb 1,000.00 Lesco Inc. " I
22. 18,000 Ibs .182 lb 3,276.00 Howard Fertilizer " "
23. 11,500 lbs .1245 lb 1,431.75 Howard Fertilizer " "
. $ 21,545.16
TOTAL
\
'.
.
[IT' DF DELRA' BEA[H
I"J ; ,1-' "- , ~) t: L '" "!:'\(~H. F:LORIDA 33444 . 407/243-7000
tIaI:II
ANnBIcaClly
September 16, 1993 ' III~!
1993
Members of The Palm Beach
County Cooperative Purchasing Council
RE: Bid #93-42
"Co-op Bid Chemicals and Fertilizers ..
Dear Members;
As the City of Delray Beach is the lead entity in this Co-op Bid,
attached you will find the City of Delray's recommendations for bid
awards broken down per item number for Chemicals and Fertilizers.
The City of Delray Beach is recommending award to low bid per item.
In case of tie bids, each entity shall award based on vendor
locations. In case of minimum shipping requirements as stated by
vendor(s) , each entity may choose to award accordingly to their
quantities and shipping minimum size requirements.
If award recommendations are not acceptable, please advise ASAP, as
the City of Delray Beach will award at our Commission meeting of
September 28, 1993.
If you have any questions, please contact me at (407) 243-7163.
~70
Jacklyn Rooney ~
Buyer
Attachments
cc: City of Boca Raton
City of Boynton Beach
City of Greenacres
Town of Lantana
Solid Waste Authority
@ THE E r~:- r I A.! 'v\!f\YS M/;,TTERS
,.
CHEKICALS:
Recommendation -
Item # Description Vendor Awarded To: Price: COIIDents:
1. Aatrex 4C Atlantic Fec $ 8.52 gal. Low Bid
2. Affirm Colonial Products $ 6.49 lb. Low Bid
3. AMA+2-4-D United Horticultural $ 10.30 gal. Low Bid ,
4. Aqua-Gro L Regal Chemical $ 23.25 gal. Low bidders -
Lesco, United
Horticultura~l
and DuCor - d
an alternate
5. Arsenal Herbicide Atlantic Fec $ 151.00 gal. Low Bid
6. Barricade Helena Cheaical $ 36.15 lb. Low Bid
7. Basagran United Horticultural $ 58.00 gal. Low Bid (Lesco
bid an alternate)
8. Blazon SP Lesco IDc. $ 22.00 gal. Low Bid (DuCor
(or equiv.) bid not equal)
9. Bayleton ~Van Waters & Rogers I $ 28.60 lb. Tie Bid - Lesco
Lesco Inc. & Van Waters -
* Van Waters- Local-
. .~- ".--.-.---. -- ----- ----"' Delray Bea~
10. Chelate Iron Van Waters & Rogers $ 3.13 gal. Low Bid
11. Chip co Asgrow Florida $ 84.00 gal. Low Bid
12. . Daconil Regal Chemical $ 33.00 gal. Low Bid
13. Dithane-45 Atlantic FEC $ 12.80 gal. Low Bid
14. Di-Syston Asgrow Florida $ 1.31 lb. Low Bid
15. Dursban Plus Colonial Products $ 27.22 gal. Low Bid
16. Dursban 2.32% Colonial Products $ .60 lb. Low Bid
(granular)
17. Dursban 2E Atlantic FEC $ 37.50 gal. Low Bid
18. Dursban 4E Regal Chemical $ 75.75 gal. Low Bid
19. Dursban Cricket Colonial Products $ .37 lb. Low Bid (United
Bait bid 1/2% - not
equal)
20. Entice Helena Chemical $ 13.42 gal. Low Bid
2l. - Fire Ant United Horticultural $ 5.65 lb. Low Bid
, Amdro Bait
22. Fire Ant Whitemire - No Bid received
!
'.
Chemicals Cont...
Rec~ation -
Item. # Description Vendor Awarded To: Price: Comments:
23. ~
Gro Safe Activated
Charcoal Lesco Inc. $ . 71 lb. Low Bid
24. Illoxan 3EC Atlantic FEC $ 75.00 gal. Low Bid
25. Image United Horticultural $ 183.00 gal. Low Bid
26. Kerb 50 W Asgrow Florida $ 19.50 lb. Low Bid
27. Kocap 5G United Horticulturall $ 65.00 bag Tie Bid - Award
*Asgrow Florida Itto Asgrow -
closed to Delray-
Low Bidder Atlantic
withdrew bid per
attached Fax
dated 09/14/93
28. Malathion 5% United Horticultural $ 14. 50 gal. Low Bid
,
29. 350 Nemacur 10Q United Horticultural $ 1.93 lb. Low Bid
30. Nemacur (3) Helena Chemical $ 55.44 gal. Low Bid
31. Oftanol Liquid Regal Chemical $ 56.50 gal. Low bid
32. Orthene 'ITO United Horticultural $ 9.30 lb. Low Bid ~ -'
33. Pagant Atlantic FEC $ 10.69 lb. Low Bid
34. Paraquat Helena Chemical $ 34.80 gal. Low Bid
(equal product)
35. Pre-K O.K. Scott $ 8.00 lb. Low Bid
36. Ronstar 2G Regal Chemical $ 44.00 bag Low bid
(equal product)
37. Round Up Helena Chemical $ 40.88 gal. Award to Helena -
Low bidder Van
Waters shipping
minimum too lar,e
of qty. (30 gal
38. Rubigan A.S. Van Waters & Rogers $ 230.?5 gal. Low Bid
39. Sencor 75 Asgrow Florida $ 2'"00 lb. Low Bid
40. Seven WP 5% Colonial Products $ .86 lb. Low Bid
41. Seven SL United Horticultural $ 21.00 gal. Low Bid
42. Sticker Helena Chemical $ 6.00 gal. Award to Helena -
Low bidder
American Diversif.
shipping minimum
too large (120 gal)
43. Subdue United Horticultural $ 175.80 gal. Low Bid
'.
"
Chemicals Cont....
Recommendation -
Item # Description Vendor Awarded To: Price: Comments:
44. Subdue Asgrow Florida $ 2.17 lb. Low Bid
45. Surf Ian United Horticultural $ 62.40 gal. Low Bid
46. Spectracide - No Bids Received
47. Trimec Plus Van Waters & Rogers $ 24" 70 gal. Low Bid
48. Triump 4E United Horticultural $ 155.00 gal. Low bid
49. Wetting Agent Du Cor International $ 6.30 gal. Award to Du Cor - .
Deep Penetrant Low bidder -
American Diversified -
shipping minimum
too large (90 gal.)
50. MSMA Atlantic FEC $ 17.36 gal. Low Bid
5l. Bivert Sticking
Agent -- No Award - This
Item same as
Item #42
52. Crusade Van Waters & Rogers $ .81 lb. Low Bid
FERTilIZERS : . . . . . . . . . . . . . . . . . . . . . . .
l. 14-14-14 Howard Fertilizer $ .1675 lb. Low Bid
$335.00 ton
2. 24-5-11 FE + MN Lykes Agri Sales $ .180475 lb. Low Bidder -
$ 360.95 ton Lesco not equal as
analysis different
- not equal
3. 22-5-7 + Lesco Inc. $ .218 lb. Low Bid
At razine $436.00 ton
4. 22-0-22 Lykes Agri Sales $ .180125 lb. Award to Lykes -
$ 360.25 ton Low bidder
Colonial not equal
as analysis different
5. 16-4-8 Lesco Inc. $ .096 lb. Low Bid
Preminum $ 192.00 ton
I
6. 6-6-6 Lesco Inc. $ .078 lb. Low bid
40% Organic $ 156.00 ton Equal Product
,
'.
Fertilizers Cont....
Item # Description Vendor Awarded to: Price: Comments:
.
7. 16-4-8 With Howard Fertilizer 1 $ .08 lb. Tie bid - Award to
Minor Elements * Atlantic FEC 160.00 ton Atlantic FEC as
they are closest
to Delray
8. 21-0-0 Sulfate of Lykes Agri Sales $ .0825 lb. Low Bid
Ammonia Grandular 165.00 ton
9. 10-10-10 Douglas Fertilizer $ .093 lb. Low Bid
186.00 ton
10. 15- 5-15 Lykes Agri Sales $ .113125 lb Low Bid
226.25 ton
11. 32-0-2 Lykes Agri Sales $ .0825 lb. Low Bid
Urea 165.00 ton Bidding UAN per
attached letter
dated 08/26/93
~
12. 20-20-20 United Horticultural $ .58 lb. Award to United -
1160.00 ton Low bidder Lykes
minimum shipping
size too large
13. Milorganite Howard Fertilizer $ .1175 lb. Low bidder -
235.00 ton Atlantic bid
not equal due
to sewage sludge
ingredient
.
14. 30-10-7 Howard Fertilizer $ .425 lb. Low Bid
850.00 ton
15. 17-1-10 Greens Howard Fertilizer $ . 230 lb. Low bidder -
Grade Fertilizer 460.00 ton Lykes Agri ..
minimum shipping
size too large
.
16. 29-3-5 Fertilizer Lesco Inc. $ .33 lb. Award to Lesco
w/Dursban 660.00 ton as low bidder -
Colonial Products-
not equal as
analysis different
17. 0-0-21 Sul-Po-Mag Atlantic FEC $ .1072 lb.
Granular Stress 214.40 ton Low Bid
Tolerance & Root
Development
"-
'.
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Fert~lizers Cont...
ReCOlllaendation -
Item # Descr~pt~on ,Vendor Awarded to: Price <;.omments:
18. Manganese Sulfate Lykes Agri Sales $ .3000 lb. Low Bid
600.00 ton
19. Magneseum Sulfate Lykes Agr~ Sales $ .1700 lb. Low Bid
(Kpson Salts) 340.00 ton
20. 13-3-13 palJa Lesco Inc. $ .155 lb. Award to Lesco,
Fertilizer 310.00 ton low bidder -
Lykes- minimum
shipping size
too large
21~ Iron Plus Granular Lesco Inc. $ . 20 lb. Low Bid
400.00 ton
22. 17-4-6 Fertilizer Howard Fertilizer $ .182 lb. Low Bid
+ Atrazine 364.00 ton
23. 24-2-8 Howard Fertilizer $ .1245 lb. Low Bid
249.00 ton
.~
24. 8-10-10 Howard Fertilizer $ .0795 lb. Low Bid
159.00 ton
25. 32-4-3 Plus Howard Fertilizer $ .2375 lb. Low Bid
Dicot Weed 475.00 ton
- Control III
26. 29-3-5 St. Howard Fertilizer $ .2345 lb. Low Bid
August~ne Weed 469.00 ton
Control Plus
Fertilizer
"
"
.l-. ..... ._..._--"~- '-.----
~
Lykes Agfl Sales. Inc.
Post Office Box 13989
Ft, Pieroe, FL 34979-3989
TB/ephone (407) 465-5616
(800) 952-9574
FA)! (407) 465-5524
DATE: August 26, 1993
TO: Jacklyn Rooney/Buyer for City of Delray Beach
FROM: Veronica Rooks
RE: BID I! 93-42
Item 1111: The product bid on was Urea Ammonium Nitrate, (UAN) , not Urea
liquid. Please advise of spec.
ltem #15: The product bid on was a Fairway mix not a Greens mix. We wish
to withd~aw our bid on this item.
FERTILIZER
CROP PROTECTION PRODUCTS
AMMONIUM NITRATE
DADE CITY LAKE PI.ACIO FT. PIERCE IMMOKALEE "OMlIiTlAD
,. . ~ . -- . _. .
~',
"..
" ~
c:.!ft[antic'- 9to7.lda Ea.1J.t Coaj.t '3ntdiu.'(. & Ch.e.mi.cal .
l~.\75 S,\\, :!f>ll 'i IIJo512~7.i<k()O' P.O, BOX 14liX' IIOMlXI'! \I). "LORm,\ -:n09O-I.j~x
TOI.l FRE1~ I-X()()-.HZ.;t.l13
.
FACSIMILE COVER PACi!
~ ~
If there axe difficulti~$ receivin~ this tr4nsmission, please call (305)
247-8800 oz' 1-800-432-3413 (in Florida only).
.
If a returrl response is necessary you may be connected to our fax line
. by dialing (305) 247-3328.
TbatJk-You
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"
. M E M 0 RAN DUM
TO: David T. Ha r'den , City Manager
THROUGH: Robert A. Barcinski. Assistant Ci ty Manager ~____
THROUGH: Ted Glas, Purchasing Officer'lff"
FROM: Jacklyn Rooney, Buyer c;-
DATE: September 21, 1993
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
SEPTEMBER 28, 1993 - BID AWARD - BID #93-230/PR
CO-OP BID - GASOLINE AND DIESEL FUEL
Item Before City Commission:
The City commission is requested to make multiple awards as listed below
for gasoline and diesel fuel, at an estaimted annual cost of $171,463.38.
Per the Finance Department, funding is from:
( ) .
Background:
The Palm Beach County Purchasing Department is the lead agency for this
co-op bid. Bids were received on July 12, 1993 from six (6) vendors per
attached bid tabulation and agenda summary from Palm Beach County, which
was approved by the Palm Beach County Commission on 09/07/93.
The low bidders for Delray Beach are, as follows:
Diesel #2 (Tankwagon) Estimated Annual Cost
A-I Specialty Gasolines Inc. @ $.0675 mark-up $ 21,796.44
Diesel #2 (Transport)
Coastal Fuels Marketing Inc. @ $.0140 mark-up 22,808.00
Supreme Unleaded (Tankwagon)
B.P. Oil Company @ $.0395 mark-up 15,108.70
Supreme Unleaded (Transport)
Coastal Fuels Marketing Inc. @ $.0281 discount 68,830.24
Regular Unleaded (Transport)
B.P. Oil Company @ $.0117 mark-up 42,920.00
This contract allows for price fluctuation (escalation) based on prices
published in the Oil Price Information Service (OPIS) for Miami. However,
the vendor markup or discount (including delivery and all other costs)
shall not change during the time of this contract.
Recommendation:
Staff recommends multiple awards as stated above.
Attachments:
Bid Information Sheet for City of Delray
Recommendation from Palm Beach County
cc William Greenwood Chief Overman Brahm Dubin
Richard Corwin Chief Koen
Richard Sandell Don Haley
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Estimated Quantities for City of DeIray Beach:
Diesel 112 74,947 gal.
Supreme Unleaded 139, 800 gal.
Regular Unleaded 80,000 gal.
Total 294,747 gal.
Breakdown:
Based on current Miami OPIS price for September 21, 1993
Vendor / OPIS Estimated Unit Price x Qty.
Description Bid Price Price Quantity = Total Dollar Amount
Diesel fI2 A-I .5562 34,947 gal .6237 x 34,947 =
Tankwagon +.0675 $21,796.44
Diesel 112 Coastal .5562 40,000 gal. .5702 x 40,000 =
Transport +.0140 $22,808.00
Supreme
Unleaded B.P. Oil .6174 23,000 gal. .6569 x 23,000 =
Tankwagon +.0395 $15,108.70
Supreme
Unleaded Coastal .6174 116,800 gal. .5893 x 116,800 =
Transport -.0281 $68,830.24
, ,
Regular '.
Unleaded B.P.Oil .5248 80,000 gal. .5365 x 80,000 =
Transport +.0117 $42,920.00
TOTAL ESTIMATED DOLLAR AMOUNT
FOR CITY OF DELRAY BEACH $171,463.38
....' \.~
J
SEP 13 '93 15:21 P.2
. . . .
Safety SAl.ES OFFICES LOCATED IN:
~UiPment TAMPA! ORlANDO' JACI<SONVILLEI Pf'NSACOt.A! MIAMlI PueRTO RICOI GAINfSVIU.EI LAKELANDI
Company ATlANf A. GAJ AI.8ANV, GAJ BRUNSWICK, GA:
. .
10106 U.S.A. Today Way
Mlramar, FL 33025
(305) 436~O066 Broward
(305) 372.0006 Dade
(BOO) 226-4727 WATS
(305) 436.0166 FAX
September 13,1993
City of Delray Beach Fire Department
Attn: Chief Wigderson
101 West Atlantic Ave.
Delray Beach,Fl. 33444
RE: Highlands Beach
Dear Chief Wigderson,
The following is a proposal on the Scott Air-Paks and Gra~e~Pass Devices for
Highlands Beach ~hich you requested.
,
~ Description ...". Price
1 Scott 804116-10 1897.00
A1r-Pak.2.2 Lightweight
Cylinder,E-Z Flo,EBSS.
Less Carrying Case
1 Trade in of Scott IIA air-pak, 200.00
without cylinder
Total per unit with trade in $1697.00
------------------~-----~----~------ -----
I Grace Super Pass : GRS-SP $llS.OO
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If you should have any questions or require additional ~nformation please
do not hesitate to call.
S1nc.~~
Allen Lance
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BID 193-230/~~
ITEK-BY-ITEK SUKKARY, PRIMARY AND SECONDARY, FOR BID AVARD
LOT '1: BOC~, BOYNTON, DELRAY,
IfAlfALAPAIf , OCEAN RIDGE COST PRIDRY COST SECONDARY
1- Diesel 12
A. Transport/per gal. + .0140 Coastal + .0173 BP oil
B. Tankwagon/per gal. + .0615 A-1 + .0151 BP oil
2. Supreme Unleaded
A. Transport/per gal. - .0281 Coastal - .0209 BP oil
B. Tankwagon/per gal. + .0395 BP Oil + .0675 A-1
3. Regular Unleaded
A. Transport/per gal. + .0117 BP oil + .0119 Coast\l
B. Tankwagon/per gal~ + .0675 A-1 + .0721 BP Oil
4. Unleaded Plus
A. Transport/per gal. - .0081 Coastal - .0027 BP oil
B. Tankwagon/per gal. + .0675 A-l + .0677 BP Oil
LOT 12: GREENACRES, LAKE VORTH,
LANTANA COST PRIKARY COST SECONDARY
5. Diesel 12
A. Transport/per gal. + .0155 Coastal + .0189 BP oil
B. Tankwagon/per gal. + .0675 A-1 + .1200 Coastal
6. Supreme Unleaded
A. Transport/per gal. - .0255 Coastal - .0196 BP oil
B. Tankwagon/per gal. + .0675 A-1 + .1200 Coastal
7. Regular Unleaded
A. Transport/per gal. + .0130 BP oil + .0132 Coastal
B. Tankwagon/per gal. + .0675 A-1 + .1200 Coastal
8. Unleaded Plus
A. Transport/per gal. - .0055 Costal - .0014 BP Oil
B. Tankwagon/per gal. + .0675 A-1 + .1200 Coastal
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[IT' DF DELIAY BEA[H
FIRE DEPARTMENT
M E M 0 RAN DUM
TO: DAVID T. HARDEN, CITY MANAGER
FROM: M. B. WIGDERSON, ACTING FIRE CHIEF
DATE: SEPTEMBER 22, 1993
SUBJECT: PURCHASE OF SCOTT PAKS FOR HIGHLAND BEACH
The Fire Department would like to purchase the Scott Paks,
(Self Contained Breathing Units) with spare tanks that were
included in the transition expenses for the Highland Beach
station.
To maintain the standardization of equipment used in the
department, these items will be purchased through Safety
Equipment Company which is the sole authorized dealer of Scott
equipment in Florida.
Attached you will find an Agenda Request for September
28th, 1993, the copy of the Requisition #19741 - Scott Paks, for
your review. The total cost for these items is $27,152. with
funding available in category 115-2313-522-64-90.
Your concurrence with this purchase will be appreciated.
,44it~~~
M. B. ~gderson
Acting Fire Chief
MBW/mmh
Attachments
FIRE DEPARTMENT HEADQUARTERS- 101 WEST ATLANTIC AVENUE - DELRAY BEACH, FLORIDA 33444
407/243-7400 - FAX 407/265-4660
,. '.11.'
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smtr~
December 5, 1990
TO WHOM IT MAY CONCERN:
At the present time, Safety Equipment Company, headquartered in
Tampa, Florida, is the only authorized Scott Health/Safety Products
Distributor in the Florida peninsula. Health/Safety products
include but are not limited to all Scott Air-Pak models of self-
contained breathing apparatus.
Scott Aviation sells only through authorized distributors in order
that our customers receive a highly competent level of service,
support, and training. Safety Equipment has upheld this commitment
to Scott Aviation in the Florida peninsula where former distributors
did not.
It is clearly in the interest of our customers to buy Scott products
only from authorized distributors in any particular area. Only in
this manner can we insure that customers receive proper service,
support and training. Also, in the unlikely event a user notice,
warning, or product recall is necessary, tracability is enhanced
through local, authorized distributors.
At such time as we locate additional quality distribution, we will make
every effort to acquire that new source for distribution. Thank you for
choosing Scott Health/Safety Products.
Cordially,
CfJ~ olJ,
ck C. Hankins
Southeastern Regional manager
Health/Safety Products
SCOTT AVIATION. A FIGGIE INTERNATIONAL COMPANY g
225 Erie Street, Lancaster, NY 14086 Tel: 716-683-5100 Telex: 91-394
"
PI625102 City Of Delray Beach Florida 9/21/93
Purchase Requisition Inquiry 16:47: 13
Type information, press Enter.
Requisition: Number: 0000019741 By: REQUESTING P. HOPE Date: 091493
Reason: EQUIPMENT FOR HIGHLAND BEACH
Status: BUYER PROCESSING Assigned buyer :
Dept approval by: WICKERT Date: 91793
Suggested vendor: Nbr: 706950 Name: SAFETY EQUIPMENT COMPANY
Ship to: CENTRAL FIRE STATION Deliver by date: 093093 Conments N (Y/N)
Li ne# Quantity UOM Description Uni t Cost Extnd Cost Opt
1 16.00 EA SCOTT 804116-10 AIR-PAK, 1697.0000 27152.00
2.2 LITEWEIGHT CYLINDER,
E-Z FLO, EBSS, LESS CARRY
-ING CASE W/$200 TRADE-IN
OF SCOTT IIA AIR-PAK WITH
OUT CYLINDER
10-LGE, 3-XLGE, 3-SM
Total , . 27152,00
Highlighted/protected fields indicate record has been processed or deleted,
F3=Exit F5=Print requisition F7=Additional info F8=Requisition quotes
F12=Cancel F15=Account distribution Opt Q=Line item quotes
"
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERt'fl1
SUBJECT: AGENDA ITEM it 9,4 - MEETING OF SEPTEMBER 28. 1993
REPORT OF APPEALABLE LAND USE ITEMS
DATE: September 241 1993
This item is before you for acceptance of the report of decisions made
by the various development related boards during the period September
131 1993 through September 24, 1993. The following actions were
considered during this reporting period:
The Planning and Zoning Board did not consider any appealable items
during this reporting period.
Site Plan Review and Appearance Board:
-Approved the architectural elevation plan (awning) for Elwoods
Bar-B-Que (4-1 vote).
-Approved the architectural elevation plan (color change) for
Linton Center.
-Approved the landscape plan for Outback Steakhousej forwarded
the architectural elevations to the City Commission with a
recommendation of approval.
-Approved a minor site plan modification, architectural and
landscape plans associated with a 3,455 square foot addition for
Arctic Ice.
-Approved a phased site plan, architectural elevation and
landscape plans associated with the construction of a Checkers
Restaurantj recommended approval of a reduction in the perimeter
landscape strip from 5' to 3' feet along the south property linej
approved a reduction in the right-of-way width for S.W. 5th
Avenue from 60' to 50'and allow a five foot right-of-way
dedicationj and, deferred a request for reduction in required
parking from 20 to 9 spaces, subject to conditions.
Historic Preservation Board:
-Granted a Certificate of Appropriateness to allow the
construction of a second story and attached four car garage at
706 S.E. 2nd Street.
A detailed staff report is attached as backup material for this item.
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V1
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: C3 T. HARDEN, CITY MANAGER
THRU: D~C#D~
DEPARTMENT OF PLANNING AND ZONING
t:eO~^, {{tit"
FROM: JASMIN ALLEN, PLANNER
SUBJECT: MEETING OF SEPTEMBER 28, 1993
REPORT OF APPEALABLE LAND USE ITEMS
SEPTEMBER 13, 1993 THRU SEPTEMBER 24, 1993
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 September 13, 1993, through
September 24, 1993.
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.
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City Commission Documentation
Report of Appealable Land Use Items
September 13, 1993 thru September 24, 1993
Page 2
PLANNING AND ZONING BOARD MEETING OF SEPTEMBER 20, 1993
No appealable items were considered by the Board. The following
agenda items which were considered by the Board will be
forwarded to the City Commission as separate agenda items.
* Recommended approval (7 to 0), of a conditional use request
associated with the expansion of a parking lot for the
Sutton Chapel Church of God in Christ, located at the
southeast corner of SW 4th Street and SW 2nd Avenue.
* Deferred action (7 to 0), on a LDR Text Amendment re
decreasing allowable uses and intensity of development in
the NC Zone District.
* Recommended approval (7 to 0), of a conditional use request
to allow the establishment of a monument and ornamental
stone cutting operation in the MIC district - Keystone
Creations, located north of NW 1st Street between NW 18th
Avenue and the CSX Railroad.
* Deferred action (7 to 0), on a rezoning request from General
Commercial to Special Activities District for a parcel of
land located south of SE 4th Street, between the FEC
Railroad and SE 1st Avenue - SSB Properties.
* Recommended approval (5 to 0) , on a LDR Text Amendment
regarding Junkyard Regulations.
* Recommended approval (5 to 0) , on a LDR text Amendment
regarding Allowable Outside Uses.
SITE PLAN REVIEW AND APPEARANCE BOARD MEETING OF SEPTEMBER 22,
1993
1. Approved the architectural elevation plan (awning addition)
for Elwoods Bar-B-Que, located at the northeast corner of
Atlantic Avenue and NE 3rd Avenue (Vote 4 to 1).
2. Approved the architectural elevation plan (color change)
for Linton Center, located at the southeast corner of
Linton Boulevard and Federal Highway (Vote 4 to 0).
3. Approved the landscape plan associated with the
construction of a 6,000 sq. ft. restaurant for Outback
Steakhouse, located at the southeast corner of Linton and
1-95 (in front of Circuit City) . With respect to the
architectural elevation plan, the Board felt that despite
the incompatibilities, the elevations should be approved and
forwarded a recommendation of approval to the City
Commission. The Board based their positive recommendation
in that the proposed colors and some of the architectural
features were compatible with the shopping center, but felt
that the Outback Steakhouse should have its own
architectural style. The architectural elevation plan will
be scheduled as a separate agenda item (Vote 4 to 0).
4. Approved a minor site plan modification, architectural plan
and landscape plan associated with a 3,455 sq. ft. addition
for Arctic Ice, located on the east side of Congress
Avenue, south of the L-32 Canal (Vote 5 to 0).
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City Commission Documentation
Report of Appealable Land Use Items
September 13, 1993 thru September 24, 1993
Page 3
5. Approved a phased site plan, architectural elevation plan
and landscape plan associated with the construction of a
Checkers Restaurant, located at the southeast corner of
Atlantic Avenue and SW 5th Avenue (Vote 5 to 0) .
Concurrently, the Board acted on several requests for
relief:
- The Board recommended approval of a reduction in the
perimeter landscape strip from 5' to 3' along the south
property line.
- The Board approved a reduction in the right-of-way width
for SW 9th Avenue from 60' to 50' and allow a 5'
right-of-way dedication from this property.
- The Board deferred the request for a permanent parking
reduction from 20 to 9 spaces with the understanding
that within the first 6 months of the issuance of a
Certificate of Occupancy the parking situation be
re-evaluated.
HISTORIC PRESERVATION BOARD MEETING OF SEPTEMBER 15, 1993
A. Granted a Certificate of Appropriateness to allow the
construction of a second story and attached 4 car garage
for a single family residence located at 706 SE 2nd Street
(Vote 6 to 0).
RECOMMENDED ACTION:
By motion, receive and file this report.
Attachment: Location Map
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LOCATION MAP FOR
CITY COMMISSION MEETING
OF SEPTEMBER 28. 1993
L-.10 CANAl
a
~ ~
~ i
I ~ ;
I ~ ~
o.
WE IDA ROAD
I
MW2ST
@
twIST
~
.
! i I
i ~ A
LOWSOIl BOULEVARD
I I i
I z
8
~ ~~
~
'" 2
I
...
___________1..._._ .._________________
L-;sa CANAL
CJTY LIMITS ----.- S.P.RAB. : H.P .B. :
I MILE I 1. - ELWOODS BAR-B-QUE A. - 706 S.E. 2ND STREET
I 2. - LINTON CENTER
SCALE 3. - OUTBACK STEAKHOUSE
4. - ARTIC ICE
N 5. - CHECKERS RESTAURANT
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CITY OF DElRAY BEACH, FL
PLANNING DEPARTUENT
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: A ENDA ITEM - MEETING OF SEPTEMBER 28 1993
REOUEST FOR CONDITIONAL USE MODIFICATION/SUTTON CHAPEL
CHURCH OF GOD IN CHRIST
DATE: September 24, 1993
We have received a request for conditional use modification from
Sutton Chapel Church of God in Christ located at the southeast corner
of S.W. 4th Avenue and S.W. 2nd Street.
The subject property is Lots 5,6,7, 11 and 12, Block 39, Town of
Delray. The development proposal is to expand the Church parking
facilities onto Lots 10 and 11, and to make attendant landscape
improvements.
The original development proposal called for the demolition of a
building on Lot 6 and the construction of a new building on Lot 7 with
a paved parking lot on Lots 5 and 6. The Church was constructed in
1981, but the parking lot was not installed. Currently, church
members park on an unimproved shellrock surface on Lot 6.
The proposed modification of the existing conditional use will not
increase the intensity of the site. The church building, existing
uses located in the church, and seating capacity remain unchanged.
The existing non-conformities, no parking and minimal landscaping,
will be mitigated by the approval and implementation of this proposal.
The Planning and Zoning Board at their September 20th meeting
recommended approval. A detailed staff report is attached as backup
material for this item.
Recommend approval of the request for conditional use modification
from Sutton Chapel Church of God in Christ located at the southeast
corner of S.W. 4th Avenue and S.W. 2nd Street.
o(f
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: ~D T. HARDEN, CITY MANAGER
· ,~~~Ui\M-
THRU: D ID J. VACS, DIRECTOR
DEPARTMENT ~7D ,\Z~ING
FROM: ~~NS' ~SSISTANT PLANNER
SUBJECT: MEETING OF SEPTEMBER 28, 1993
CONSIDERATION OF A CONDITIONAL USE MODIFICATION FOR
SUTTON CHAPEL CHURCH OF GOD IN CHRIST
ACTION REQUESTED OF THE COMMISSION: ,r.
The action requested of the City Commission is approval of
a Conditional Use modification for the expansion of an
existing church, known as Sutton Chapel Church of God in
Christ.
The subject property is Lots 5-7 and 11-12 of Block 39,
Town of Delray, with a total area of approximately .69
acres. It is located at the southeast corner of SW 4th
Avenue and SW 2nd Street.
BACKGROUND:
The Sutton Chapel Church of God in Christ was developed in its
current site layout pursuant to a conditional use approved in
1980. The conditional use approval was for the establishment of
a new church building and attendant parking on Lots 5-7, Block
39, Town of Delray. The Church building was constructed in
1981, but the parking lot was not installed per the approved
plan. Currently, church members park on an unimproved shellrock
surface where the former church building was demolished.
The current development proposal incorporates the following:
* Expansion of the site onto Lots 10 and 11, Block 39,
Town of Delray to the site.
* Construction of a 20 space parking lot on Lots 10 and
II.
* Construction of a 16 space parking lot on Lots 5 and
6.
* Attendant landscape improvements.
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Cityy Commission Documentation
Sutton's Chapel - Conditional Use Modification
Page 2
Additional information regarding the project is included in the
attached Planning and Zoning Staff Report.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at its
meeting of September 20, 1993. Other than the applicant's
presentation there was no public comment in support of, or in
opposition to the proposal. The board recommended approval of
the requested conditional use modification by a 7-0 vote.
RECOMMENDED ACTION:
By motion, approve the requested conditional use modification
for Sutton Chapel Church of God in Christ.
Attachment:
* P&Z Staff Report
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. PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH --- STAFF REPORT ---
MEETING DATE: September 20, 1993
AGENDA ITEM: III.A.
ITEM: Conditional Use Request Associated with the Expansion of a
Parking Lot for the Sutton Chapel Church of God in Christ.
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GENERAL DATA:
Owner....................Sutton's Chapel Church of God In
Christ, Inc.
Applicant................Rev. Edward Sutton
Location.................Southeast corner of SW 4th Street and
SW 2nd Avenue.
Property Size............0.69 Acres
City Land Use Plan.......Low Density Residential (0-5 du/acre)
City Zoning..............R-IA (Single Family Residential)
Adjacent zoning...North: RM (Multiple Family Residential -
Medium Density)
East: R-IA
South: R-lA
West: R-1A
Existing Land Use........4,400 square foot church with a seating
capacity of 88 people, on a 16,109
square foot parcel.
Proposed Land Use........Addition of 13,966 square feet of
property to the site with parking and
landscape improvements to the existing
church.
Water Service............Existing on site.
Sewer Service.... ........Existing on site. III.A.
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I T E M B E FOR E THE BOA R 0:
The action before the Board is making a recommendation to the
City Commission regarding a proposed Conditional Use
modification for the expansion of an existing church site, known
as Sutton Chapel, Church of God in Christ.
The subject property is Lots 5-7 and 10-11 of Block 39, Town of
Delray with a total area of approximately .688 acres. It is
located at the southeast corner of SW 4th Avenue and SW 2nd
Street. As this proposal involves the addition of site area, it
must be heard as a new Conditional Use.
This Conditional Use modification is being processed
concurrently with a Site Plan modification for the addition of
area, along with addition of parking and landscaping
improvements. For the purposes of this review the proposed site
plan will be treated as a sketch plan submitted with the
Conditional Use application.
Pursuant to LOR Section 2.4.5(E)(3), the Planning and Zoning
Board must consider applications for Conditional Uses at a
public hearing before forwarding their recommendation to the
City Commission.
B A C K G R 0 UNO:
The Sutton Chapel Church of God in Christ was developed in its
current site layout pursuant to a conditional use approved in
1980. The conditional use approval was for the establishment of
a new church building and attendant parking on Lots 5-7, Block
39, Town of Delray. The proposal called for the demolition of
the former church building on Lot 6 and the construction of the
current structure on Lot 7, with a paved parking lot to be
constructed on Lots 5 and 6. The Church building was
constructed in 1981, but the parking lot was not installed per
the approved plan. Currently, church members park on an
unimproved shellrock surface where the former church building
was demolished.
The applicant is submitting the current proposal in order to
provide more convenient parking for church members and to
upgrade the appearance of the property.
The property is located in the R-1A zoning district.
PRO J E C T . E S C RIP T ION :
The current development proposal incorporates the following:
* Expansion of the site onto Lots 10 and 11, Block 39,
Town of Delray to the site.
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P & Z Staff Report
Sutton's Chapel - Conditional Use Modification
Page 2
* Construction of a 20 space parking lot on Lots 10 and
11.
* Construction of a 16 space parking lot on Lots 5 and
6.
* Attendant landscape improvements.
As this would increase the size, and thus the intensity, of the
site, it is appropriate that the proposal be considered by the
Planning and Zoning Board as a new conditional use.
CON D I T ION A L USE A N A L Y S I S:
REQUIRED FINDINGS: (Chapter 3)
Pursuant to Section 3.1.1 (Required Findings), prior to the
approval of development applications, certain findings must
be made in a form which is part of the official record.
This may be achieved through information on the
application, the staff report, or minutes. Findings shall
be made by the body which has the authority to approve or
deny the development application. These findings relate to
the following four areas.
Future Land Use Map: (The use or structures must be allowed in
the zoning district and the zoning district must be consistent
with the land use designation).
The subject property has a Land Use Plan designation of Low
Density Residential and an R-1A zoning designation. Table L-6
of the Future Land Use Element, identifies R-1A zoning as
appropriate for the Low Density Residential Designation.
Pursuant to Section 4.4.3(D), Churches are permitted as
conditional uses in the R-1A zone district.
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 as established within
the Comprehensive Plan.
This is an existing development and the proposed additions will
not create any additional demand for services or facilities.
Adequate capacity is available for all other facilities and
services to serve existing demands.
ConSistency: Compliance with the performance standards set
forth in Section 2.4.5(E)(5) (Conditional Use Findings) shall be
the basis upon which a finding of overall consistency is to be
made. Other objectives and policies found in the adopted
Comprehensive Plan may be used in the making of a finding of
overall consistency.
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P & Z Staff Report
Sutton's Chapel - Conditional Use Modification
Page 3
Section 2.4.5(E)(5) (Standards for Conditional Use Actions):
Pursuant to Section 2.4.5(E)(5) (Findings) in addition to
provisions of Section 3.1.1, 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; and
B. Nor that it will hinder development or redevelopment of
nearby properties.
This site is bordered by properties which are zoned R-IA and are
developed with single family residences consistent with the
zoning district. Parcels in the area surrounding the site are
mostly developed with single and multi-family residential
structures. The existing church may currently have a
detrimental effect on the surrounding neighborhood, due to the
lack of adequate parking and landscape buffers on the site. The
proposed modification will improve the existing situation by
providing the required parking and landscaping. These changes
will significantly improve neighborhood conditions and
positively influence future development and/or redevelopment of
the surrounding area.
Compliance with Land Development Regulations:
Items identified in the Land Development Regulations shall
specifically be addressed by the body taking final action
on a land development application/request.
The applicant has submitted a Site Plan modification application
concurrently with this proposal. The submitted site plan is the
basis for the following review.
LDR Section 4.3.4(K) Development Standards Matrix:
The site's improvements, as proposed in the site plan, will meet
or exceed all requirements of this section.
Parkinq:
There is currently no improved parking provided for this site.
The existing church building has seating for 88. Per LDR
Section 4.6.9(C)(6)(c), parking must be provided for churches at
a rate of 1 space per 3 seats, or a total of 30. 37 spaces will
be provided for the church. This amount exceeds the number
required.
Landscapinq:
There is little landscaping currently existing on the site. The
proposed site plan modification will address all landscape
deficiencies. All requirements of Section 4.6.16 will be met by
the site plan proposal.
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P & Z Staff Report
Sutton's Chapel - Conditional Use Modification
Page 4
REV I E W B Y o THE R S:
This project is in the geographic area requiring review by the
CRA (Community Redevelopment Agency). The proposal was reviewed
by the CRA Board at its meeting of September 9, 1993. The Board
had no negative comments and voted to recommend approval by a
6-0 vote.
The City Commission will act on the Board's recommendation for
this project at its meeting of September 28, 1993.
If the Conditional Use modification is approved, a site plan
will be considered by the Site Plan Review and Appearance Board
at its meeting of October 6, 1993.
Neiqhborhood Notice:
Formal public notice has been provided to property owners within
a 500' radius of the subject property. Letters of objection, if
any, will be presented at the P & Z Board meeting.
ASS E SSM E N T AND CON C L U S ION S:
The proposed modification of the existing conditional use for
Sutton Chapel will not increase the intensity of the site. The
church building, the existing uses which are located in the
church, and the seating capacity of the church remain unchanged.
Although there are some existing non-conformities (i.e. no
parking and little landscaping provided) on the site, these will
be eliminated by the approval and implementation of this
proposal and the associated site plan. The proposal will
increase landscape buffers to adjacent properties and remedy an
inconvenient and potentially hazardous parking situation which
currently exists. The proposed additions will have a beneficial
effect on surrounding properties.
A L T ERN A T I V E C 0 U R S E S o F ACT ION S:
A. Continue with direction.
B. Find that the proposed modification is significant, and;
Recommend to the City Commission approval of the
Conditional Use request based upon positive findings with
respect to Section 3.1.1 and Section 2.4.5(D)(5)
C. Find that the proposed modification is significant, and;
Recommend denial of the Conditional Use request based upon
a failure to make positive findings.
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P & Z Staff Report
Sutton's Chapel - Conditional Use Modification
. Page 5
S T A F F R E COM MEN D A T ION:
Recommend to the City Commission approval of the requested
Conditional Use Modification, with the following condition:
* Approval of a site plan, which is in general
conformance with the submitted Sketch Plan, by the
Site Plan Review and Appearance Board.
Attachments:
* Location Map
* Site Plan
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( Jeff Assistant Planner
Report prepared by :
~I J "xt .'., ~
Reviewed by DJK on: _ )J:: ,.-' ~AJl~":\ q-\4-93
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGE R t:Ji{
SUBJECT: AGENDA ITEM i CJ(!, - MEETING OF SEPTEMBER 28. 1993
MODIFICATION OF LANDSCAPE SCHEDULE AGREEMENT/LAKE IDA CHURCH
OF CHRIST
DATE: September 24, 1993
This item is before you to approve a modification to the landscape
schedule agreement with Lake Ida Church of Christ. Because of
financial difficulties, the Church was not able to meet the cut-off
date of July 31, 1993 for Phase I. The applicant is requesting a
four month extension for completion of Phase I to November 30, 1993.
The remaining phases would also be extended, Phase II to January 31,
1994, and Phase III to April 30, 1994.
Staff has reviewed this request and recommends approval.
Recommend approval of the modification to the landscape schedule
agreement with the Lake Ida Church of Christ, which extends the phased
landscape installation completion dates.
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. A<Jenda I tem No.:
'AGENDA REQueS't:
Date: 9/23/93
Request to be placed on:'
X Regular Agenda Special A<Jenda Workshop A<Jenda
When: 9/28/93
Description of agenda item (who, what, where, how much):
Amendment to agreement with The Lake Ida Church of Christ
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommenda t ion: Approval
Department Head Signature: ~~- ~
Determination of Consistency with Comprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all iteas involving expenditure
of funds):
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for agenda: €i> NO
Hold Until: .
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
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MEMORANDUM
TO: DAVID HARDEN, CITY MANAGER
COMMUNITY IMPROVEMENT DEPT~
FROM: LULA BUTLER, DIRECTOR,
RE: AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF DELRAY
BEACH AND THE LAKE IDA CHURCH OF CHRIST
DATE: SEPTEMBER 22, 1993
ITEM BEFORE THE COMMISSION:
Consideration of the request from the Lake Ida Church of Christ
to amend Section 1, Installation Schedule, of the Agreement as
approved by the City Commission at the regular meeting on May 25,
1993.
BACKGROUND:
The City Commission waived the requirements contained in Section
2.4.l0(G), Landscaping Bond, in order to allow the Church to
obtain a conditional certificate of occupancy without the
installation of 100% of the required landscaping and without
having to post a bond. The Commission action required that a
formal agreement setting forth the Church's installation schedule
of all the required landscape improvements be executed. The
Agreement set forth a three phase improvement plan with Phase 1
to be completed by July 31, 1993, Phase 2, by November 30, 1993
and Phase 3 by January 31, 1994.
The Church did not complete the improvements specified under
Phase I by the July 31st deadline. We have contacted Elder
Spivey regarding this matter. He explained that the church had
approximately $45,000 worth of outstanding bills to be satisfied
with their subcontractors during the past three months. The
church had hoped to have secured another bank loan to fund some
of the landscape improvements. The bank denied their loan
application. He stated the church is currently raising the
dollars needed through various fundraising activities.
Therefore, he lS requesting consideration of an amendment to
their agreement, providing for new deadlines for all three phases
as follows:
Phase I November 30, 1993
Phase II January 31, 1994
Phase III April 30, 1993
RECOMMENDATION:
Staff is recommending approval of amendments to Section 1 of the
Agreement between the City and the Lake Ida Church of Christ as
requested and proposed by Elder Spivey.
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AMENDMENT NO. 1 TO THE AGREEMENT
BETWEEN THE CITY OF DELRAY BEACH
AND THE LAKE IDA CHURCH OF CHRIST
THIS AMENDMENT to the agreement of July 12, 1993, is
entered into by and between the CITY OF DELRAY BEACH, FLORIDA,
("City") and the LAKE IDA CHURCH OF CHRIST, ("Church of
Christ" ) on this _ day of , 1993.
WIT N E SSE T H:
WHEREAS, the City and the Church of Christ mutually
covenant and agree to amend and modify the agreement entered
into on July 12, 1993, in order to provide for a revised
schedule for the performance of the Church of Christ obliga-
tions regarding the installation of the landscaping at the
Church.
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NOW, THEREFORE, in consideration of the mutual covenants,
stipulations and agreements herein contained, the parties agree
as follows:
1. The recitations referred to above are hereby in-
corporated herein.
2. Section 1, "Installation Schedule" of the above-
referenced agreement shall be amended to read as follows:
Section 1. Installation Schedule. The Church
of Christ shall complete the landscaping as indicated
on the site plan which is attached hereto as Exhibit
"A" pursuant to the following schedule:
Phase I Install all landscaping on the north end of
the Church out to Lake Ida Road by November
30, 1993.
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Phase II Install the balance of the landscaping
surrounding the Church, install perimeter
landscaping along Roosevelt Drive, as well
as parking lot interior trees by January
31, 1994.
Phase III Install balance of ground cover within
interior parking lot and perimeter trees
along south property line by January April
30, 1994.
3. All of the terms and conditions of the agreement of
July 12, 1993, not in conflict with this amendment shall remain
in full force and effect and are incorporated herein.
IN WITNESS WHEREOF, the parties hereto have set their
hands the day and year first above written.
WITNESS: LAKE IDA CHURCH OF CHRIST
By:
I.C. Spivey
(Type or Print Name)
--------
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this
day of , 1993 by
(name & title of officer or
agent) of (name of corporation
acknowledging), a (state or place of incor-
poration) corporation, on behalf
of the corporation. He/She is personally known to me or has
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...... .., ... ~. .:- .. '... ",!"I ...", ..,.~ ,..." ~, !!II
produced (type of
identification) as identification and who did (did not) take an
oath.
Signature of Notary Public-
State of Florida
Print, Type or Stamp Name of
Notary Public
CITY OF DELRAY BEACH, FLORIDA
ATTEST:
By:
Thomas Lynch, Mayor
City Clerk
Approved as to Form
and Legal Sufficiency:
City Attorney
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churchl.agt
09/22/93
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM i q'l) - MEETING OF SEPTEMBER 28. 1993
WAIVER OF PERIMETER LANDSCAPING REOUIREMENTS/CHECKERS RES-
TAURANT
DATE: September 24, 1993
We have received a request from Checkers Restaurant located on West
Atlantic Avenue and S.W. 5th Avenue for waiver of Land Development
Regulation Section 4.6.16 (H)(3)(d).
Section 4.6.16 (H)(3)(d) states that a five foot landscape barrier
shall be provided between the common lot line and off-street parking
area or other vehicular use area.
The applicant has requested a reduction in that requirement to three
feet in order to allow sufficient room for the required parking and
dual drive-thru lanes along the south property line.
The Site Plan Review and Appearance Board at their September 22nd
meeting recommended approval of the waiver request. Additionally, the
Community Redevelopment Agency is negotiating the purchase of property
south of the Checkers site in order to provide additional parking for
Checkers and other businesses within the immediate area. With the
installation of the new parking loti a landscape strip with an overall
width of at least five feet will be provided. A detailed staff
report is attached as backup material for this item.
Recommend approval of the request for waiver of Land Development
Regulations Section 4.6.16 (H)(3)(d) from Checkers Restaurant based on
positive findings pursuant to LDR Section 2.4.7 (B)(5).
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: D T. HARDEN, CITY MANAGER
~1k~
THRU: DA ID J. KO CS, DIR C OR
DEPARTMENT OF PLANNING AND ZONING
FROM:
SUBJECT: MEETING OF SEPTEMBER 28, 1993
CONSIDERATION OF A WAIVER TO THE PERIMETER LANDSCAPING
REQUIREMENT [SECTION 4.6.16(H)(3)(d)] FOR CHECKERS
RESTAURANT (W. ATLANTIC AVE. & S.W. 5TH AVE.).
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
qranting a waiver of perimeter landscape requirements in
conjunction with a development request involving site plan
approval.
The development proposal is to develop a vacant parcel of
land to accommodate a Checkers Drive-thru Restaurant. The
property is located at the southeast corner of West
Atlantic Avenue and S.W. 5th Avenue.
BACKGROUND:
The project involves the establishment of a fast food drive-thru
restaurant in the Peach Umbrella area of Atlantic Avenue. The
associated improvements include the installation of a 713 sq. ft.
pre-manufactured modular, commercial building; construction of a
946 sq. ft. of outside dining area; two (2) drive-thru lanes and
windows; and, 9 parking spaces along with associated
landscaping. A second phase of the development will include
the provision of additional parking and landscaping on the
property immediately to the south along S.W. 5th Avenue.
The applicant has requested a waiver from LDR Section
4.6.16(H)(3)(d), which deals with perimeter landscape
requirements. This section states that a 5' landscaped buffer
must be provided along the perimeter of the site adjacent to the
parking areas, and that hedges and trees must be installed
within that buffer.
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City Commission Documentation
Meeting of September 28, 1993
Landscape Waiver for Checkers Restaurant (W. Atlantic Ave.)
Page 2
The waiver is to apply along the south property line adjacent to
the driveway and drive-thru lane. Within this area, the
proposed landscape strip is only 3' wide, however, it will
include the required trees and hedging. The applicant has
requested that the requirement for a 5' strip be waived in order
to allow sufficient room for the required parking and the dual
drive-thru lanes.
The CRA is currently in the process of acquiring the property to
the south of the Checkers site in order to provide additional
parking for Checkers and other businesses within the immediate
area. Checkers will be participating in the costs of installing
that parking lot. With the installation of the new lot, a
landscape strip with an overall width of at least 5' will be
provided.
REQUIRED FINDINGS:
Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver,
the City Commission shall make a finding that the granting of the
waiver:
(a) Shall not adversely affect the neighboring area;
(b) Shall not significantly diminish the provision of
public facilities;
(c) Shall not create an unsafe situation; or,
(d) Does not result in the granting of a special privilege
in that the same waiver would be granted under similar
circumstances on other property for another applicant
or owner.
The development proposal will complement the Peach Umbrella
Plaza theme and enhance Atlantic Avenue. The proposal continues
the redevelopment efforts of the Atlantic Avenue corridor.
The Checkers proposal includes the installation of a hedge and
trees to meet Code, which will provide an adequate short-term
buffer between the restaurant and the property to the south.
The property to the south will ultimately be developed as a
parking lot with its associated landscaping. Access to Checkers
will be provided from that lot, thus the sites will function as
a unified development.
All other applicable provisions of the landscape code will be
followed throughout the remainder of the site, including those
areas that will have the most visual impact. A waiver of the
requirement will not create an unsafe situation or diminish the
provision of public facilities, and does not constitute a
special privilege.
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city Commission Documentation
Meeting of September 28, 1993
Landscape Waiver for Checkers Restaurant (W. Atlantic Ave.)
Page 3
SITE PLAN REVIEW AND APPEARANCE BOARD CONSIDERATION:
At its meeting of September 22, 1993, the Site Plan Review and
Appearance Board recommended approval (5-0) of a waiver to LOR
Section 4.6.16(H)(3)(d) (Perimeter Landscaping), to reduce the
required 5' wide landscape strip to 3' along the south property
line.
RECOMMENDED ACTION:
By motion, grant a waiver to LOR Section 4.6.16(H) (3) (d)
(Perimeter Landscaping) to reduce the required 5' wide landscape
strip to 3' along the south property line, based upon positive
findings with respect to Sections 2.4.7(B)(5)(a) - (d) .
Attachments:
* Reduction of Landscape Plan
* Letter of Request
TICCCHECK2.DOC
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PRINCIPALS
Robert E. Basehart, AICP
Anna S. Cottrell
William E. Schipske. P.E.
PLANNING Kevin C. Conner, RLA
September 22, 1993 ENCINEERING
Mr. Jeffrey Costello ~~(Crn:ITWIEID)
City of Delray Beach SEP ::2 1993
100N.W.1stAve.
Delray Beach, Florida 33444 PLANNING & ZONiNG
SUBJECT: REQUEST FOR PARTIAL WAIVER OF REQUIRED PERIMETER REAR
LANDSCAPE STRIP- PROPOSED CHECKERS RESTAURANT AT
442 ATLANTIC AVENUE.
BCS-WESCON 930285JC.L TR
Dear Mr. Costello:
Please accept this letter as our formal request for consideration of a partial waiver
of the requirements of Section 4.6.16(H)(3)(d) of the City Landscape Code for the
subject facility, which requires a 5' landscape barrier between our vehicular use
area and the abutting property. The area in question is along our rear (south) "-
property line. The abutting property fronts on S. W. 5th Avenue, and is used as a '-. ~
restaurant. We are able to provide a 3' wide landscape barrier in this area, with all
of the planting that would normally go in a 5' area.
The reason that this waiver is needed is due to the constrained depth of the
property, combined with the fact that we are being required to dedicate 2' of
additional right-of-way for Atlantic Avenue along our front (north) property line.
The situation is complicated by the vehicular stacking requirements for our drive-
thru lanes, which make it impossible to compress our development to gain
additional landscape area. We have been able to meet all other development
standards, including setbacks, other landscape barriers and stacking. The minor
waiver requested will be effectively unnoticeable because it is at the rear of our
site, adjacent to the side and unused rear of the adjacent restaurant. The waiver
will have no impact on the adjacent land use. If it were not necessary to dedicate
R-Q-W for Atlantic Ave., this request would not be necessary.
It should also be noted that the City CRA is in the process of acquiring the
adjacent restaurant for the purpose of constructing a City parking lot.
Consequently, even though there will be no impact from our waiver on the
adjacent land use, the adjacent land use will be removed in the near future.
3195 NORTH POWERLlNE ROAD · SUITE 106 · POMPANO BEACH, FL 33069 · (305) 968-0113
1532 OLD OKEECHOBEE ROAD · SUITE 101 · WEST PALM BEACH, FL 33409 · (407) 688-0048
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Jeffrey Costello
September 22, 1993
Page Two
We understand that this waiver request has been placed on the City Council
agenda for consideration on September 28th. We will attend that meeting to
answer any questions that may come up. Thank you for your attention to this
matter. If you need any additional information or drawings, please do not hesitate
to contact me,
Very truly yours,
~~,~
Ro ert E. Basehart, AICP
Principal
cc: Chris Koncal, Checkers
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM ~ ~E - MEETING OF SEPTEMBER 28. 1993
SWINTON AVENUE BEAUTIFICATION PLANS AND BUDGET
DATE: September 24, 1993
The preliminary plan for the Swinton Avenue Beautification project was
presented to the Commission at the July 6, 1993 workshop meeting. An
excerpt from that meeting is attached as backup material for this
item. Staff is requesting that the Commission approve the plan and
budget for this project. The initial budget allocation for this
project was $450,000. The consultant, working with city staff, the
Swinton Avenue Task Team and City advisory boards, presented an
estimate at the July 6th meeting of $492,278, which was $42,278 over
the allocated amount. Following direction given by the Commission,
the plans are now 95% complete and the estimate has been revised to
$476,390, which breaks down as follows:
Landscaping (including Del Ida Greenspace and by-pass) $240,490
Irrigation (Pioneer Park, Historic District, Water Truck) 99,950
Site Improvements (pavement removal, curbing, restriping) 56,455
South By-pass Improvements (reconfigure lanes, irrigation) 72,000
Miscellaneous (project signage, electrical conduit) 7,500
The estimated cost for maintenance is $18,264 for the entire project
which includes tree thinning and trimming twice a year. The cost for
maintenance of the landscaped areas within the Historic District is
$5,555, which includes irrigation maintenance, fertilization and
chemical applications twice a month.
Staff has also noted that a portion of the project, from Atlantic
Avenue to North 2nd Street falls within the geographic area designated
for funding under the Decade of Excellence Bond Issue Neighborhood
Improvement. If this portion of the project is funded with DOE
Neighborhood Improvement funds, the remainder of the project would
then fall within the parameters of the available budget.
A detailed staff report is attached as backup material for this item.
Recommend approval of the plan and budget for the Swinton Avenue
Beautification project.
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MEMORANDUM
TO: DAVID HARDEN, CITY MANAGER
FROM: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT
RE: SWINTON AVENUE BEAUTIFICATION - APPROVAL OF PLANS AND BUDGET
DATE: SEPTEMBER 21, 1993
ITEM BEFORE THE COMMISSION
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Request approval of plans and budget for the Swinton Avenue Beautification
Project.
BACKGROUND
Preliminary plans for Swinton Avenue Beautification came before the
Commission in July 1993. Since that time the Consultant, A. Grant
Thornbrough & Associates has reached 95% completion of the plans,
incorporating the changes requested by the Historic Preservation Board, the
Site Plan Review Board and the City Commission.
At the Commission Workshop in July, the estimated budget was $492,278.00,
which was $42,278.00 over the amount allocated in the Decade of Excellence
Bond. The consensus was to move forward with the project and identify
additional funding at a later date.
The revised plans are estimated at $476,390.00, which is $26,390.00 over the
D.O.E. funds earmarked for Swinton Avenue. While this figure is
significantly reduced due to the City's commitment to take on the
responsibility of providing a watering truck, the estimate for irrigation
increased and electrical conduit for future lighting in the Historic
District was added.
TENTATIVE PROJECT SCHEDULE
Anticipating that the Commission will approve the Swinton Avenue Project on
September 28, 1993, the following schedule is projected:
Advertise for Bid October 8, 1993
Pre-Bid Conference October 19, 1993
Bid Opening October 29, 1993
Award of Bid November 23, 1993
Commencement of Work November 29, 1993
Phase I (South 2nd to North 4th) February 15, 1994 (Completion)
Remainder of Project April 5, 1994 (Completion)
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The Budget Office is projecting that the second bond issue for the Decade of
Excellence will go to closing on October 30, 1993 or at the latest the first
week of November, so this schedule works out well with the availability of
funds prior to the date scheduled for the award of bids.
Our objective is to ensure that the Historic District is completed prior to
the Virginia Slims Tournament, which is why we will emphasize to the
Contractor that the initial focus is on this section.
ALTERNATIVE FUNDING SOURCE
A portion of the Swinton Avenue Project from Atlantic Avenue to North 2nd
Street falls within the geographic area for which funds were approved within
the Decade of Excellence Bond for 'Neighborhood Improvement'.
The Consultant has extracted the costs associated with the 2 blocks between
Atlantic Avenue and North 2nd Street. There are no associated costs in the
first block as the Old School Square is on one side and property targeted
for the future parking garage on the other. The second block, however,
represents $31,690.00. If this portion were to be funded through
'Neighborhood Improvement' Funds, the overall budget for the balance of the
Swinton Avenue Beautification Project would be $444,700.00, which is within
the funding available.
RECOMMENDATION
Staff recommends that the Commission consider approval of the Swinton
Avenue Beautification plans estimated at $476,390.00 with funding to come
from the Swinton Avenue Decade of Excellence Bond and the portion of the
costs associated with improvements between Atlantic Avenue and North 2nd
Street to come from the 'Neighborhood Improvement' Fund.
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F~OM ~ GR~NT THORNBROUGH 09.2e.l'?'?3 15: 4? F' -,
A.GRANT TItORNBROUGft AND ASSOCIATES iii
SWINTON AVENUE BEAUTIFICATION
OVERALL CO~T ESTIMATE 9-20-93
Landscaping
Regrade, amend soil and sod swa1e as indicated on plans $ 99.900.00
Palms, trees, shrubs. and groundcovers along right of way
including Del Ida Greenspace and bypass $140,590.00
IrrIgation
Pioneer Park greenspace R.O.W. and 5' on west side of swinton across from park $ 9,350.00
Historic District from S, 2nd to N. 4th $70,600.00
Water Truck - 2 mos. allowance to water project $20,000.00
Site Improvements
Excess pavement removal $16,450.00
Excavation of ex. curb $10.900.00
Proposed curbing $27,100.00
S. 2nd pavement repair $ 1.500,00
S, 4th turn lane restriping $ 500.00
South BV..Dass Site ImDrovements
Reconfiguring lanes and landscape islands @ S. Bypass
includes demolision, curbing, and reconfiguring lanes. $50,000.00
Irrigation $22,000.00
Misc.
Project signage $ 700.00
Electrical conduit for fu1ure lighting in Historic District $ 6,800.00
Grand Tot a I $ 476,390.00
SHEET 1 OF 2 Landscape Architecture
and Land Planning
132 North Swinton Avenue
DelrOy Baach, Fl 33444
(407) 276-5050
Fox: 276-8777
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FROM ~ GR~NT THORN8ROUGH ~9. 28.1'3193 15: 47 P. :'
SWINTON AVEfillf BEAUTIFICATIOfi
COST E$TIMATE .. N~ st to N. 20Q 9-20-93
These figures are included in the overall cost estimate, however, we have separated these items
as requested for your use.
N. 1st to N. 2nd
Landscaping $12,590.00
Regrade, amend soil, and sod according to plans $ 2,900.00
Irrigation $ 13,500.00
Excess pavement removal $ 200.00
Excavation of ex. curb $ 900.00
Proposed curbing $ 1.600.00
Total $ 31,690.00
SHEET 2 OF 2
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F F:: () 1'1 :: F<;:IY Fuh;:lnk 'J Superintendent of Parks
.!)(.":jTE:: July ::~0'J 1993
bl..lBJFCT :: Maintenance Costs For Bf:;:) u t :i, f :i. cat :i. on
Project-Swinton Avenue
Th(:.' f [) 11 0\'.' i ni,J landscape ~aintenance c O!:;,t E' ~;; t :i. PI a t (.:~ ~::, i:l r' (,: for'
the Swinton Avenue Beautification Project:
T1"f!:p 1'\ a :i nt(.:~n;~ nc (':' CO!i,t fc,)"' the ~:.!nt:i \"(.:: p 1" 0 :i l-:-: c t 11.I:i J 1 i:!f':
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.L.. Swinton Avenue Beautification Plan - Presentation and
discussion.
Nancy Davila, City Horticulturist introduced Grant Thornbrough
and Carol Perez; Swinton Avenue Task Team, Chairman Bill Wilsher; and
members Jean Fischer, Marylou Jamison, Ann Fulton, and Joanne Pert.
The Task Team has been working closely with the consultant since last
November (1992) on this project and formulating the beautification
plan. The plans have been presented to the Historic Preservation and
Site Plan Review and Appearance Boards and the Community
Redevelopment Agency. The plans before the Commission have not been
revised to included the input from those boards. The physical limits
of the projects are from South 10th Street to North 22nd Street. The
consultant was asked to prepare a plan for a 3 1/2 mile stretch of
roadway, and to stay within the limits of the budget and the funding
available through the Decade of Excellence which is $450,000.
The beautification plan meets the framework of the budget. This
was accomplished by limiting the the scope of the project to
landscaping and the necessary curbing. It includes improving the
conditions of the swale through regrading, sodding, planting shade,
flowering and palm trees. The base plan also includes the block which
is south of Atlantic Avenue (the south by-pass) . Improvements to
that block alone was 20% of the budget. It included a lot of
hardscape elements as well. Pavement needed to be removed,
reconfigure lanes and add curbing. Other hardscape elements were
identified in the plan and the Task Team is requesting consideration
of additional funding for those hardscape elements.
Grant Thornbrough, A. Grant Thornbrough and Associates, gave an
overview of the basic project. He stated the Swinton Avenue Task
Force had set up three priority areas for the project. Priority Area
No. 1 is the historic district from South 2nd Street to North 8th
Street. The Board felt this area should receive the highest
concentration of effort and dollars spent. It would be nice to get
some hardscape elements incorporated into this area; some street
lighting, paving, and irrigation. There are special concerns in this
area, one of which is the block which contains Doc's Softserve,
Damiano's, etc. There is no planting area. Currently there is
nothing that can be done on this block. With respect to the one-way
pairs, the striping could be reconfigured for the block and 12 feet
could be taken out of the paved area and two six foot curbed
landscape strips could be installed on either side of the existing
sidewalks. Another item in Priority Area No. 1 is irrigation from
South 2nd Street to North 4th Street. However, this project alone
would cost approximately $250,000. The alternative is to irrigate
select areas, make the City responsible for the irrigation of certain
lived-in areas. So, in Priority Area No. 1 they want to put in an
irrigation system and have the irrigation system maintained in
perpetuity by the City. Throughout the whole city, the City's role
for maintenance is seen as being irrigation and tree pruning. The
individual property owners
are seen as maintaining the ground, e.g. mowing, fertilizing,
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weeding, etc. Other items for Priority Area No. 1 include historic
lighting (wish list item)j installation of interlocking pavers at the
cornerSj pavers along the north and south by-pass areas.
Priority Area No. 2 is South 10th Street up to the Historic
District. This will be anchored at some date in the future by
Pioneer Park. Initially, they want to irrigate the south end from
Pioneer Park, both sides of the street, up a block. The idea is to
get total irrigation down there. However, there could be more
problems in this area with regard to parking on the swales. Sidewalk
improvements are not considered anywhere in this project, however
there will be some curbing in Priority Area No. 2 .
Priority Area No. 3 is a primarily a residential district, north
from 8th Street to 22nd Street. There will be flowering trees, sabal
palms, shade trees. There will not be any shrubbery put in this
areaj flortam sod will be put in where the homeowner indicate they
will extend there own irrigation system into the swales. Bahia sod
will be used where the homeowner indicate they will not irrigate. A
water truck will be used for six month or manual watering will be
used to keep the project going.
Mrs. Davila stated she wanted to clarify that the hardscape
elements that are not in the base budget which are the streetlights,
bollards, the decorative paving at the intersections and some
strategic signing at gateway areas. Those four items represent
$114,000, which is essentially what the Swinton Task Team is asking
for in additional funding. That plus, $22,000 for extending
irrigation in the south area, which brings the total additions to
$136,000. Those additional areas would require an increase in the
scope of services to the consultant's contract in the amount of
approximately $8,000.
Mr. William Wilsher, Chairman Swinton Task Team, stated the Task
Team was given the mission to do a streets cape project from North
22nd Street to 10th Street and come in on budget. The issue that
really came up was the one-way by-pass. Without the by-pass project
in the budget, the project could have been brought in fairly close,
with all of the little niceties. The project can still be done
within the base budget, however the Task Team recommends that the
entire project be done.
Dr. Alperin stated he had a major concern and that is if anyone
had looked at what the maintenance costs would be.
Mr. Thornbrough stated he had not done a detailed analysis of
the maintenance costs. Parks and Recreations is not currently doing
any day to day maintenance. With the added irrigation, there would
be irrigation maintenance.
Mayor Lynch inquired where the $500,000 number came from and if
there was a preliminary study done. In response Mrs. Davila stated
the budget started out much higher than that amount. However, when
-2- 7/6/93 Workshop
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it went through the budget process for the Decade of Excellence Fund
the amount was cut back to $500,000.
Mr. Wilsher stated there was a $2.3 million figure originally,
in 1988 or 1989. That included curbing. Basically, what it came
down to in negotiating was that the $500,000 would be for greenscape
only.
Mayor Lynch stated the Task Team has ind~cated they really do
not want to tamper with the drainage; however, at the same time they
are talking about putting some curbs in. The other part is the
sprinkler system, if there is a problem with people parking on the
swale then curbs need to be installed. How is the Task Team going
to combine the two, not have drainage problems and still do curbs.
Mr. Thornbrough stated the irrigation system can be designed to
keep the right types of head (sprinkler) and location of heads in a
place where problems can be avoided. Approximately 3,500 linear
feet of protective curbing is proposed. The curb area will be
depressed a little to try to capture actual water, so that it will
become an actual swale area and collect water for the plantings.
Mayor Lynch stated he saw a figure in the proposal of about
$59,000 to $60,000 for the watering for the six month period; that
figure is almost 15% of the budget. It seems like a lot of money to
accomplish the task.
Mr. Thornbrough stated what the Task Team is looking at as an
alternate is having the Fire Department or Water Department to set up
some hydrant meters and hoses then the City could use temporary labor
to make it more economical.
Mayor Lynch stated his biggest problem is the City has been
working for many years to get the by-passes to work. He agrees the
first block south of Atlantic Avenue is a critical block and that it
looks bad without the landscaping; but more and more people are
starting to use the by-passes and there is more traffic. If you are
going to pull in 12 feet away from the by-pass he is not sure the
City is doing the right thing. He inquired if a study had done on
this proposal.
The City Manager stated there is a tremendous expanse of asphalt
in this area which allows for double left-hand turns. He cannot
foresee any need, ever, for having that capacity.
Mr. Ellingsworth recommended that the City consider purchasing
it's own watering truck rather than spend that much money contracting
services. He was also concerned about getting into the season again,
with construction tying up downtown.
Mayor Lynch inquired if the project could be done in sixty days.
In response Mr. Thornbrough stated he thinks 90 days is more
realistic. Mayor Lynch stated he would like to see the hardscape in
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there, the paver bricks and street lights that are really going to
make a difference; but we are talking an extra $160,000 or $200,000.
In response to a question from Mayor Lynch regarding funding,
the City Manager stated there is no extra money at this point. He
also expressed concern with respect to irrigating the rights-of-way
and sides of Swinton Avenue. The City has taken the position that
the maintenance of that area up to the edge of pavement is the
responsibility of the property owner. So we are doing something
different here. The Commission might want to look at the possibility
of setting up a Safe Neighborhoods District just for this area that
is to be irrigated to pick up that cost. A Safe Neighborhoods
District can be created either by a petition of the owners involved
or the City Commission can create it. If the Commission creates it,
there is also a mechanism where the owners can have it set aside. A
property tax is levied against the property owners, in this case
about a 10th of a mil to carryon the maintenance. The maximum that
can be levied is 1 mil, like the DOA.
The City Manager stated if the Commission directs staff to come
up with the additional $40,000 or so, needed to do the basic project
that staff could probably do that. But if the Commission is talking
$150,000 to $200,000 he cannot come up with that amount.
The Commission consensus was to direct staff to come up with the
additional $40,000 to do the first phase the Commission originally
agreed to do. The Mayor requested a consensus on the hardscape part
of the project.
Dr. Alperin stated he would like to see the project again. He
is concerned about maintenance. If the Commission starts looking at
the alternates, that they are committing themselves in the near
future.
Mayor Lynch inquired if there would be additional cost to lay
conduit sleeves. In response, Mr. Thornbrough stated he did not
think so.
Dr. Alperin stated he has always be supportive of xeriscaping.
He inquired if these plant materials will survive if there is a
drought. In response, Mr. Thornbrough stated they are intending for
all the species used to be xeriscape material.
Mr. Randolph stated he thinks it is a good plan; however, he is
a little concerned about initial six to eight month period needed
to irrigate the plantings, so that we do not loose an abundance of
them. He thinks the hardscape definitely needs to be considered.
Mr. Ellingsworth stated he would like to see some maintenance
figures, plus he would like to see further information on the City
Manager's suggestion on some type of assessment district for
maintenance. He thinks this will add continuity to the plan and make
sure it was done.
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The Commission consensus was to have staff prepare the
maintenance costs; support the $492,000; and, to prepare for the
hardscape alternatives so that when the plan is being done those
things can be put in place.
Mr. Ellingsworth stated he would like to bring up the CRA
portion, especially, about the discussion where we are talking about
the hardscape.
The Mayor inquired if Chris Brown I eRA, would take this to the
ORA as something that could be done at the same time. In response
Mr. Brown stated the CRA has taken the position that with respect to
a beautification project, which is public and private, they expect
the public to make their contribution. The CRA is doing one
beautification project which is Banker's Row; in which the residents
are considering creating a property assessment district to fund 25%
of the project.
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER t'Jf1
SUBJECT: AGENDA ITEM # 1F - MEETING OF SEPTEMBER 28. 1993
REOUEST FOR CONDITIONAL USE APPROVAL/KEYSTONE CREATIONS
DATE: September 24, 1993
We have received a request for conditional use approval to establish
a monument and ornamental stone cutting operation in the MIC (Mixed
Industrial and Commerc ial) zone district on property located north of
Atlantic Avenue, on the east side of N.W. 18th Avenue. The Keystone
Creations has been in operation for some time, but was not legally
established.
The development proposal includes the construction of two buildings,
parking and associated landscaping. Building A will consist of two
stories. The first floor will contain a 680 square foot office area
and 6,934 square foot warehouse area. The second floor will contain
a 5,000 square foot storage area. Building B will contain a 944
square foot manufacturing area and a 712 square foot storage area.
There are no retail sales associated with this use. The hours of
operations are from 7:00 A.M. to 5:30 P.M.
The development proposal will substantially upgrade the site, and
eliminate existing code violations. The primary concerns raised in
this development proposal involve the upgrading of N.W. 18th Avenue or
a cash payment in lieu of physical improvements.
The Planning and Zoning Board at their September 20th meeting
recommended approval subject to conditions. A detailed staff report
is attached as backup material for this item.
Recommend approval of the request for conditional use approval to
establish a monument and ornamental stone cutting operation property
located north of Atlantic Avenue, on the east side of N.W. 18th
Avenue; 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: T. HARDEN, CITY MANAGER
THRU: . KOVACS, DIRE OR
DEPARTMENT OF PLANNING AND ZONING
FROM: ~K~LANNER
SUBJECT: MEETING OF SEPTEMBER 28, 1993
CONSIDERATION OF A CONDITIONAL USE REQUEST TO ESTABLISH
A MONUMENT AND ORNAMENTAL STONE CUTTING OPERATION IN
THE MIC ZONE 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
monument and ornamental stone cutting business on a parcel
of land zoned MIC (Mixed Industrial and Commercial).
The project is located north of Atlantic Avenue, on the east
side of NW 18th Avenue, and contains approximately 0.81
acre.
B A C K G R 0 U N D:
Keystone Creations has submitted a request to establish a
monument and stone cutting business on the above referenced
property. Keystone has occupied the premises since June of 1989
without having been formally established through the site plan
process. The current proposal includes the construction of two
buildings, parking and associated landscaping. Building "A" will
contain 680 sq. ft. of office area, 6,934 sq. ft. of warehouse
area on the first floor, and 5,000 sq. ft. of storage on the
second floor. Building "B" will contain 944 sq. ft. of
manufacturing (2 stone cutting saws and lathe), and 712 sq. ft.
of storage area.
The major issues identified with the development proposal include
the construction timing and phasing of the project, and
improvement obligations to N.W. 18th Avenue. A description of
those issues and a detailed analysis of this request is included
in the attached Planning and Zoning Board staff report.
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City Commission Documentation
Conditional Use Request - Keystone Creations
Page 2
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at its
meeting of september 20, 1993. Other than the applicant's
presentation, there were no comments from the public. The Board
felt that in light of the history of the site (continued use of
the property without having gone through a formal approval
process), it is extremely important to establish a schedule that
will ensure the timely installation of all improvements.
Included in the conditions of approval is a requirement that all
of the improvements be in place wi thin eighteen months of the
date of the conditional use approval. The Board added to that
condition a requirement that the applicant submit a written
statement that he understands the special terms of his approval
with regard to the timing of improvements.
One of the conditions of approval (Condition "C" on page 13 of
the P & Z staff report) requires that the applicant contribute
the costs of improving the right-of-way adjacent to his property
(N.W. 18th Avenue). This is a standard requirement for a project
of this nature. During his presentation to the Board, the
applicant's agent stated that as this street had previously been
improved (paved) , but had deteriorated to its present condition
due to a lack of maintenance, it is the City's responsibility to
restore it. The Board was divided on this issue. Four of the
members (Currie, FeIner, Wheat, and Fulton) did not feel that the .,
applicant should be required to contribute to the costs of
improving the road. The applicant's agent indicated that he
would be submitting a request to the City Commission for a waiver
to this requirement. That request has not yet been received.
After additional discussion, the Board voted 7-0 to recommend to
the City Commission that the conditional use request for Keystone
Creations be approved subject to the conditions contained on
pages 13 and 14 of the staff report, with the additional
requirement that prior to SPRAB's approval of the project the
applicant acknowledge in writing his understanding of condition
"G" regarding the establishment of the project.
R E COM MEN D E D ACT ION:
By motion, approve the Conditional Use request to establish a
monument and ornamental stone cutting business (Keystone
Creations) subject to the conditions of approval as recommended
by the Planning and Zoning Board.
Attachments:
* Site/Sketch Plan
* P&Z Staff Report September 20, 1993
TICCKEY
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'PLANNI~!G & ZONING BOARD
CITY OF DELRA Y BEACH --- STAFF REPORT ---
MEETING DATE: September 20, 1993
AGENDA ITEM: IILC.
ITEM: Conditional use r.equest to allow the establishment of a monument & ornamental stone
cutting operation in the MIC district.
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GENERAL DATA:
Owners...................Blanche and Ron Ballman
Agent....................Beril Kruger
Location.................East side of NW 18th Avenue, north of NW
1st. Street.
Property Size............O.8l acres.
City Land Use Plan.......Commerce
City Zoning..............MIC (Mixed Industrial and Commercial)
.
Adjacent Zoning...North: MIC
East: I (Industrial)
South: MIC
West: MIC
Existing Land Use........Decorative stone cutting and storage
facility, which is in operation but has
not been legally established.
Proposed Land Use........Legal establishment and expansion of the
existing use, with attendant parking and
landscaping improvements.
Water Service............Existing 8" water main located along
the NW 18th Avenue right-of-way.
Sewer Service............No existing sewer service to the III.C.
site.
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I T E M B E FOR E THE BOARD:
The action before the Board is that of making a
recommendation to the City Commission on a Conditional
Use request pursuant to LDR Section 4.4.19(D)(5). The
requested use is that of a monument and ornamental
stone cutting business (Keystone Creations).
The subject property is located north of Atlantic
Avenue, on the west side of N.W. 18th Avenue, and
contains approximately .81 acres.
A site plan was submitted concurrently with the
Conditional Use application. The site plan is being
considered as the required sketch plan [2.4.5(E)(2)].
B A C K G R 0 U N D :
The City's records contain the following land use history
with respect to the subject property:
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* On November 12, 1962, the property was annexed into the
City with an initial zoning designation of C-3
(Wholesale and Light Industrial District) via Ordinance
No. G-467. At the time of annexation, the subject
property contained a storage building which was built
in approximately 1954, and was occupied by Delray Gas
and Electric Company.
* In 1972, the C-3 zone district was eliminated, and
replaced with the MI (Medium Industrial) zone district.
* The 1974 zoning map, as well as the current zoning map,
indicates that the subject property is part of a plat
known as the Totterdale Industrial Center (unfiled) .
The City does not have any records regarding this
plat action, and the plat has not been recorded.
* In March 1989, Keystone Creations purchased the subject
property from a roofing company.
* In May of 1989, Keystone Creations submitted a site
plan to establish a monument and stone cutting
business on the subject property. At that time,
monument and stone cutting was allowed as permitted use
within the MI district.
The pro j ect was reviewed by staff, and comments were
transmitted to the applicant via a Technical Compliance
letter. The Technical Compliance letter identified
some major issues which needed to be resolved. Those
issues included:
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P&Z Board Staff Report
Keystone Creations - Conditional Use Approval
Page 2
- that the sawing operation be conducted in an
enclosed building rather than outside;
- a need to extend sewer service to the property;
- the reconstruction of N.W. 18th Avenue along the
frontage of the property, and possible cul-de-sac
for the dead-end condition of N.W 18th Avenue;
- method of industrial waste removal; and
- a plat of the subject property.
The applicant requested a continuation, in order to
obtain additional information and to revise the plans
addressing staff comments.
* On June 22, 1989, the applicant requested permission to
install a stone cutting saw on the subject property as
a temporary arrangement. This would allow Keystone
Creations to do business while proceeding through the
site planning and plat processes. The request was
approved administratively, and the stone cutting saw
was installed. Keystone Creations began operations
shortly after the saw was installed.
* From June 22, 1991 there were no further activity with
respect to compliance with site plan requirements.
* With the Citywide rezoning of October 1, 1990, the
property was changed from MI (Medium Industrial) to MIC
(Mixed Industrial and Commercial). [At that time,
monument and ornamental stone cutting was not allowed
in the MIC district, however, in January of 1991 the
use was added as a Conditional Use.]
* In July of 1991, the subject property was cited by Code
Enforcement. The citation included the need for site
plan approval, the removal of outside storage of
building materials in the front yard, conducting work
outside and not within an enclosed building, parking in
the right-of-way, and miscellaneous building code
violations. The owner has been given until November
23, 1993 to correct the violations.
* On May 17, 1993, the Planning Department received a
site plan application for Keystone Creations in order
to bring the site into compliance. The applicant was
informed that as the use had not been formally approved
a Conditional Use application must be processed prior
to the submission of a site plan.
* The Conditional Use application has now been received
(August 14th), and the matter is now before the Board
for use approval.
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P&Z Board Staff Report
Keystone Creations - Conditional Use Approval
Page 3
PRO J E C T DES C RIP T ION :
The site currently contains a wood frame structure and the
stone cutting saw. The balance of the site is unimproved
and contains shellrock. The shellrock area is being
utilized for the storage of stone. There are no other
physical improvements on the site, nor is there any
significant landscaping.
The development proposal is to establish a stone cutting
facility for Keystone Creations. The proposal includes the
construction of two buildings, parking, and associated
landscaping. Building A will contain 680 SF of office area,
6,934 SF of warehouse area on the first floor, and 5,000 SF
of storage on the second floor. Building B will contain 944
SF of manufacturing (2 stone cutting saws and the lathe) ,
and 712 SF of storage. An open material storage area is to
be located in the southeast corner of the site.
The daily operations of Keystone Creations as described by
applicant is as follows:
* Raw material is delivered to the site once every two
weeks. The material consists of three coral blocks
weighing approximately 13,000 pounds each.
* The blocks are kept in the outside storage area, until
they can be transferred to the saw area to be cut into
smaller pieces for later use, or shaped with a grinder
or lathe for the finished product.
* The finished product is then moved to the warehouse or
storage areas pending delivery.
* This entire operation is conducted with 3 fork lifts.
* The finished product is delivered to the purchaser on
an average of 3 times per week with a 2-ton truck.
* The finished product includes decorative block and
architectural stone work which is sold to interior
decorators or contractors.
* There are no retail sales associated with Keystone's
operations.
* The hours of operation is from 7:00 a.m. to 5: 30 P . m. ,
and the business will employ 5 people.
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P&Z Board Staff Report
Keystone Creations - Conditional Use Approval
Page 4
CON D I T ION A L USE A N A L Y S IS:
CHAPTER 3 (REQUIRED FINDINGS): (Performance Standards - L.O.S.)
Pursuant to Section 3.1.1 of the Land Development Regulations,
prior to approval of development applications, certain findings
must be made in a form which is part of the official record.
This may be achieved through information on the application, the
staff report, or minutes. Findings shall be made by the Board to
approve or deny the development application. These findings
relate to the following four areas:
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 Land Use Plan designation of Commerce
and a MIC (Mixed Industrial and Commercial) zoning designation.
The MIC zone designation is deemed consistent with the Commerce
land use plan designation. Pursuant to Section
4.4.l9(D)(5), within the MIC zone district, monument and
stone cutting is allowed as a Conditional Use. Based upon
the above, it is appropriate to make a positive finding with
respect to consistency with the Future Land Use Map.
I CONCURRENCY: I 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.
Water and Sewer:
* Water - Water service is readily available to the site
via an existing 8" water main located along the west
side of NW 18th Avenue. In order to provide fire
suppression to the site a 6" water main is to be
extended (from the 8" main) into the site along the
southern property line to accommodate a fire hydrant.
A 2" service lateral will be extended from this 6"
main to the buildings for potable water.
* Sewer - The existing structure is connected to a septic
tank system. The nearest sanitary sewer connection is
to a lift station which is situated approximately 350'
north of the subject property, and is located to the
rear of the Artic Ice site. The preliminary
engineering plans indicate that the main will be
extended from the lift station to the northern property
line of the subject property. This main will be located
within an existing utility easement, which currently
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P&Z Board Staff Report
Keystone Creations - Conditional Use Approval
Page 5
contains the water main which services the site.
Pursuant to the Public Facilities Element of the
Comprehensive Plan, Policy C-3.3 new development shall
be responsible for extending sewer service through the
land to be developed. Thus, the sewer main will need
to be extended to the southern property line of the
subject property.
Drainage:
The preliminary engineering plans indicate that drainage
will be accommodated through an exfiltration trench system
to be located within the driveways, and swales which are
located in the landscaped areas. The plans do not indicate
how the drainage from the saw will be accommodated.
The applicant has stated that the water from the sawing
operation will be recycled, and that he is currently working
under a DER (Department Environmental Resources) permit.
The method of recycling will need to be shown on the final
engineering plans, and a copy of the permit provided during
the formal site plan review.
Streets and Traffic:
The applicant submitted a traffic study which is in
compliance with the Palm Beach County Unified Land
Development Regulations Section 7.9, Traffic Performance
Standards. The study indicates that the proposed use will
generate 19 Average Daily Trips. This trip generation is
based on the proposed industrial use and 5 employees.
Congress Avenue is the closest arterial street which would
be impacted by this development proposal. Given that
Congress Avenue is currently at a Level of Service "B", and
can accommodate up to a Level of Service "D", there is ample
capacity to serve the development. Based upon the above, a
positive finding with respect to traffic concurrency can be
made.
There is however, a concern regarding the substandard
condition of NW 18th Avenue which abuts the subject
property. This item is discussed further under Other Items
of Concern on Page 8 of this report.
Parks and Open Space:
Park dedication requirements do not apply for nonresidential
uses. Thus, the proposed development will not have an impact
with respect to this level of service standard.
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P&Z Board Staff Report
Keystone Creations - Conditional Use Approval
Page 6
Solid Waste:
The project is anticipated to generate trash at a rate
of 1.8 pounds per square foot of floor area per year. There
should not be a significant increase in trash generation
with the proposed upgrading of the site beyond what is
currently being generated. Stone waste is being
accommodated by a 5 yard dumpster which is picked up twice a
week by Waste Management.
I CONS I STENCY: I (Compliance with performance standards set
fourth in Chapter 3 and required finding8 in
Section 2.4.5(E) 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 con8i8tency).
A review of the objectives and policies of the adopted
Comprehensive Plan was conducted and the following
applicable policy from the Future Land Use Element is noted:
Policy C-l. 5: The City 8hall concentrate effort8 in the
heavy industrial and undeveloped areas along arterial
roadways in order to provide a better image of the
community. Such efforts should include:
. enhanced and continuous code enforcement efforts;
. legislation which requires heavy industrial uses to
provide perimeter landscaping of their 8ites;
. owners of vacant property 8hall provide a landscaped
appearance of their propertie8.
Keystone Creations is not located on an arterial
roadway, however, it is in the area that is generally
considered as part of the Congress Avenue corridor.
The intent of the above policy will be met with the
upgrading of the site, as perimeter landscaping will be
provided, and the code violations will be eliminated.
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 finding8
that establi8hing 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.
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P&Z Board Staff Report
Keystone Creations - Conditional Use Approval
Page 7
The subject property is bordered on the north, south, and
west by the MIC zone district. To the east is zoned I
(Industrial).
The following are the existing land uses adjacent to the
subject property: to the north is vacant property; to the
south is the site of a former concrete plant that is
currently under consideration for use as a mulching
(resource recovery) facility; to the west is vacant property
which was formerly a concrete plant; to the east is the CSX
railroad, and immediately to the east of the railroad is
vacant property.
There is some concern that the stone cutting business may be
too intense for the site given the amount of stone which is
stored on the site. In the past there have been occasions
where the stone has spilled over into the adjacent
right-of-way. Employees have also been known to park off
the site and within the right-of-way. The applicant has
stated that it is difficult to keep up with the demands of
the business with only one saw. Once the additional saw is
installed, the stone will be processed more efficiently, and
the amount of stone stored on the site will be greatly
reduced.
There are concerns as to where the stone will be stored, and
how the site will be managed during the construction of the
buildings. The applicant has submitted a phasing plan for
the construction (seePage 9 of this report). Building B,
which houses the saw and lathe, is to be constructed first.
The existing stone will be cut up and delivered to
customers, or moved to the proposed parking lot areas while
Building A is under construction. Once Building A is
completed the s tone on the site can be relocated into the
storage and warehouse areas. The parking and paving will be
provided in the final phase. It is important that all
storage and activities associated with this development,
including parking, be contained on the site during
construction, and that the construction be completed in a
timely manner. Failure to do so will have a detrimental
impact on the adjacent properties, and on the appearance and
future development potential of the area as a whole.
With the complete installation of improvements as described
in this report, and the changes in the processing of the
stone, the site should function more efficiently, and have a
much improved appearance. These changes will not have a
detrimental effect on adjacent properties.
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P&Z Board Staff Report
Keystone Creations - Conditional Use Approval
Page 8
With respect to the development or redevelopment of nearby
properties, the impact of legitimizing and perpetuating
Keystone Creations operations is more problematic. As noted
in the Background Section of this report, outside uses were
not initially accommodated in the 1990 version of the Mle
district. They were accommodated in a 1991 revision. Since
that time there has been expressed a concern that the 1991
action was inappropriate, and the Conditional Use portion
the MIC district should be removed. If that were to occur
the existing Keystone operation may be a negative influence
in the future development of the area.
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS:
If the Conditional Use is approved, a site plan modification
submittal complying with the Land Development Regulations will be
required. Along with the Conditional Use request, a sketch
plan (site plan) was submitted and reviewed by staff. Based
upon staff's review of the sketch plan and site inspections,
the following "Items of Concern" were identified. Technical
comments, which include the items below, have been
transmitted to the applicant and will need to be addressed
with the site plan.
I T EMS o F CONCERN:
1. NW 18th Avenue
This project takes access off of NW 18th Avenue. There are
several issues concerning the configuration and condition of
this street, which are discussed below.
Ultimate street confiquration
NW 18th Avenue currently extends north from NW 1st
Street, and dead-ends at the northern property line of
Keystone Creations. The ultimate configuration of the
street system is that NW 18th Avenue will continue
northward to connect with a future east/west road
located just south of the LL Park of Commerce property
(Arctic Ice). That road will extend from Congress
Avenue to N.W. 18th Avenue. However, at this time there
is not sufficient right-of-way to construct either the
NW 18th Avenue extension nor the full east/west road.
When Keystone Creations originally applied for approval
to operate at this location (1988), staff identified a
potential need for a cul-de-sac where 18th Avenue
currently dead-ends. Given the future configuration of
the street system as described above, and the fact that
there are properties to the north of Keystone that if
developed would need to take access from an extended
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P&Z Board Staff Report
Keystone Creations - Conditional Use Approval
Page 9
18th Avenue, it would be inappropriate to install a
cul-de-sac at this location. The Fire Marshall has
indicated that sufficient turn-around exists on-site to
accommodate vehicles in an emergency situation.
Riqht-of-way
NW 18th Avenue is classified as a local industrial
street. Pursuant to LDR Section 5.3.1(D)(2),
Riqht-of-Way Dimensions, local commercial and
industrial streets are required to have a minimum
right-of-way width of 60 feet. The right-of-way along
NW 18th Avenue is 50 feet wide. Pursuant to Section
5.3.1(D)(4), where the City Engineer supports a
reduction in the required width and where there are no
safety hazards associated with such a reduction, the
body approving the development application may grant a
reduction. The applicant has submitted a request for a
reduction in right-of-way to 50 feet. The City
Engineer supports the reduction, in that 50 feet is
sufficient to support a typical street section in this
area.
Condition of road surface
Aerial photographs from as far back as 1974 indicate
that the entire length of NW 18th Avenue had an asphalt
surface. At present there are sections of the road in
which the asphalt surface has largely disintegrated,
and other sections that have a shellrock surface. It
has been indicated that the concrete plant that was
formerly located south of Keystone placed shellrock
over the road to make it easier for concrete trucks to
maneuver in and out of their site.
The section of the road adjacent to Keystone is in very
poor condition. Pursuant to LDR Section 5.3.1(E),
Improvement Obliqations, development shall provide for
the construction of street improvements associated with
the project. When a full local street standard (i.e.,
a new road) is required to carry traffic to and from
the project, the project has to provide the necessary
travel lanes to accommodate vehicles accessing the
site. If it is impractical to construct the
improvements, the obligation may be met by paYment of
cash funds equal to the current cost of such
improvements.
The condition of 18th Avenue adjacent to and south of
Keystone Creations is such that parts of it will need
to be completely reconstructed. In essence, an
improved street does not exist to accommodate vehicles
accessing the site. However, as an improved street did
exist at one time, the full improvement obligations
.
.,
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P&Z Board Staff Report
Keystone Creations - Conditional Use Approval
Page 10
stated above do not apply. The City Engineer has
determined that Keystone Creations is responsible for
improving only that section of the roadway that is
adjacent to its property, rather than the full
construction of the street southward to provide paved
access to the site. As it is not clear at this time
when 18th Avenue will be improved, it is appropriate
that the obligation be met through the paYment of an
amount equivalent to the current cost of the
improvement.
2. Construction Phasinq
With regard to the phasing of construction, the
applicant has provided the following narrative:
"The following is our best guess as to how this
project will be completed:
Day One - After receiving a building permit for
this project we will begin construction on the
building that will house the two large stone
cutting saws. We will also start construction on
a temporary office and equipment storage area.
Time: Saw Building - 2 months
Temporary Office - 2 weeks
Next we will move the two big saws into the new
saw building.
Time: 2 weeks
Elapsed Time: 2 1/2 months
Next we will start cutting all the stone in
storage into a useful product.
Time: 2 to 3 months
In the mean time we will be preparing the
foundation for the main building, along with the
planting of the perimeter trees and plants. This
will be complete before the main building is
complete.
Time: For the main building, 10 months
Balance of the driveway, parking etc.
Time: 3 months.
Elapsed Time: 15 1/2 months
.,
.
P&Z Board Staff Report
Keystone Creations - Conditional Use Approval
Page 11
The applicant is requesting that he be given 15 1/2
months from the time of construction to complete the
site work. At the September workshop meeting the
Planning and Zoning Board indicated that 12 months
should be adequate to construct the entire site.
However, it may be more appropriate that an 18 month
extension be granted, as 18 months is a standard time
frame for all conditional uses to be valid [REF:
Section 2.4.4(E)(2)]. This issue should be further
addressed with the applicant during consideration of
the Conditional Use request.
3. Outside Storage
Pursuant to Section 4.4.19(D)(1), outside storage in
the MIC district may be allowed only in the rear yard
and then only when screened from view from adjacent
properties and public rights-of-way in a manner
approved by the Site Plan Review and Appearance Board.
The proposal is to keep most of the storage of stone
within the buildings. However, the attendant sketch
plan indicates that there is to be an outdoor material
storage area located along the southern property line.
While this location is toward the rear of the site, it
does not conform to the definition of rear yard in the
LDRs (defined as the area between the building and the
rear property line).
As discussed with the conditional use approval of
Causeway Lumberyard, it was noted that this item would
be addressed through a text amendment which clarifies
the appropriate location for outside storage, and
addresses the issue of outside uses. That amendment
will be before the Board for action at the same
meeting that this Conditional Use will be considered.
Depending upon the disposition of that amendment, the
proposed location of the outside storage may no longer
be an issue.
4. Open Space
Pursuant to Section 4.3.4 (Matr~x) , 25% of
non-vehicular open space must be provided on site. The
attendant sketch plan indicates that only 16.92% of
open space will be provided. In order to accommodate
the additional open space, site adjustments will need
to be made, and bay may need to be eliminated.
.,
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P&Z Board Staff Report
Keystone Creations - Conditional Use Approval
Page 12
OTHER I T EMS .
.
Platting
The subject property is unplatted and its legal description
is one of metes and bounds. As part of the development
proposal, utility easements will need to be dedicated.
Therefore, it is appropriate that a boundary plat be
processed pursuant to Section 5.1.1.
REV I E W B Y o THE R S .
.
The development proposal is not located within a geographical
area requiring review by the Downtown Development Authority or
the Community Redevelopment Agency.
Site Plan Review and Appearance Board:
A site plan was submitted concurrently with the Conditional
Use request. If approval is granted for the Conditional
Use, final action on the site plan rests with the SPRAB
(Site Plan Review and Appearance Board). The site plan will
need to be revised to accommodate concerns raised through
the conditional use analysis, and other technical items
identified through the site plan review process.
Special Notice:
Special Notice has been provided to the following homeowner's
associations and citizen's groups:
progressive Residents of Delray (PROD)
United Property Owners
Delray eouncil of Communities
Public Notice:
Formal public notice has been provided to property owners within
a 500 ft. 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 :
The development proposal as described in this report will
substantially upgrade the site, and eliminate existing code
violations. The primary concerns raised in this development
proposal involve the upgrading of NW 18th Avenue or a cash
paYment in-lieu of physical improvements, sewer main
extension, the provision of 25% open space, and the concerns
regarding the phasing and timing of construction. Approval
.,
'.
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P&Z Board Staff Report
Keystone Creations - Conditional Use Approval
Page 13
of the proposal should be conditioned upon these items being
addressed to the Board's satisfaction. While the long-term
appropriateness of the use may be questioned, it is allowed
under today's rules. We note that if the rules change
(deletion of outdoor uses) and the project fails to establish
itself, it will be deemed illegal and will be terminated.
If it is properly established and the rules are changed, it
will be allowed to continue as a non-conforming use.
A L T ERN A T I V E ACT ION S :
1. Continue with direction.
2. Recommend approval of the Conditional Use request for
Keystone Creations based upon positive findings with
respect to Chapter 3 (Performance Standards) of the
Land Development Regulations and the policies of the
Comprehensive Plan, subject to conditions.
3. Recommend denial of the Conditional Use request for
Keystone Creations based upon a failure to make
positive findings with respect to Section 2.4.5 (E)(5)
(Compatibility) and Chapter 3, Sections 3.1.1(C)
(Consistency) of the proposed use with adjacent land
uses.
RECOMMENDED ACT ION :
By Separate Motions:
1. Recommend approval of the Conditional Use request for
Keystone Creations based upon positive findings with
respect to Chapter 3 (Performance Standards) of the
Land Development Regulations and the policies of the
Comprehensive Plan, subject to the following
conditions:
A. That the sewer main be extended to the southern
property line of the subject property.
B. That the final engineering plans indicate the
manner in which the water from the saw operation
will be recycled, and the provision of the DER
permit.
C. That a cash paYment be made that is equivalent to
the cost of improving the section of NW 18th
Avenue which directly abuts the property.
D. That 25% open space be provided on the site.
E. That the location of the outside material storage
area is subject to approval of the amendment to
the LDR's which clarifies appropriate locations
for outside storage.
.,
'.
P&Z Board Staff Report
Keystone Creations - Conditional Use Approval
Page 14
F. That a Boundary Plat be processed pursuant to
Chapter 5 of the Land Development Regulations.
G. That all of the improvements indicated on the
approved site plan be constructed within eighteen
(months) from the date of conditional use
approval. Further, that SPRAB shall establish a
"progress" schedule, similar to that suggested in
the application, for the purpose of determining
whether or not the project has been established
[in-lieu of the standard provisions for
establishing projects contained in Section
2.4.4(0)]. This schedule shall also address the
timing of sewer installation.
2. Recommend to the City Commission approval of the waiver
request from Section 5.3.1(0)(2) to reduce the
right-of-way width on NW 18th Avenue from 60' to 50'.
Staff Report prepared by: Janet Meeks, Senior Planner
Report reviewed by Oavid J. Kovacs on: September 15, 1992
Attachments:
* Site Plan
* Survey
* Water/Sewer Map
* Location Map
JM/T:KEYSTONE.OOC
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CREATIONS
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER t"f1
SUBJECT: AGENDA ITEM :It 9G - MEETING OF SEPTEMBER 28. 1993
PARKING MANAGEMENT TEAM REPORT
DATE: September 24, 1993
At their September 15th meeting, the Parking Management Team (PMT)
discussed parking requirements and in-lieu parking fees in the Central
Business District (CBD) and the Old School Square Historic Arts
District (OSSHAD) . As a result of that meeting, the following
changes to the Land Development Regulations were recommended:
-Increase the in-lieu parking fee for the CBD and OSSHAD to
$6,000.
-Develop an installment plan as an optional method of payment of
the in-lieu parking fee to allow payment over a ten year period.
It was further recommended that interest accrual be waived
during the first 3 years, and thereafter, 5% per annum be
applied to the unpaid balance.
-New construction and changes of use in the expanded CBD area
(north of N.E. 1st, south of S.E. 1st Street and east of the
Intracoastal Waterway) would be subjected to the requirements of
LDR Section 4.6.9, "Off-Street Parking".
-When new development or changes of use, where applicable, in the
CBD or OSSHAD zoning districts require additional parking
spaces, a waiver of the first parking space shall be permitted.
As the Planning and Zoning Board has not reviewed these
recommendations, staff is recommending that no formal action be taken
on this item and that it be deferred to the Board for their
recommendation. A detailed staff report is attached as backup
material for this item.
..
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: CVID T. HARDEN, CITY MANAGER
~~~UQ"i-
FROM: ,DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF SEPTEMBER 28, 1993
RECOMMENDATIONS FROM THE PARKING MANAGEMENT TEAM (PMT)
RE: IN-LIEU FEES AND PARKING REGULATIONS IN THE CBD
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
referring recommendations for altering the LDRs to the
Planning and Zoning Board.
The recommended changes pertain to:
* the amount of the in-lieu parking fee
* manner of collecting the in-lieu fee
* a minimal waiver provision
* the basis upon which the parking requirement is
established (from an added area to a use basis)
These changes affect property within the Central Business
District (CBD) Zone District.
B A C K G R 0 U N D:
The Parking Management Team (PMT) has set about the task of
review and implementation of the Master parking Plan. Pursuant
to direction recently provided by the City Commission they have
specifically addressed matters dealing with the in-lieu parking
fee and the basis for determining parking requirements in the
CBD. These subjects are addressed on pages 30 and 31 of the
Master Parking Plan. They are also referred to as items LD.1
and LD.2 in the Plan.
By a letter of September 17th, the PMT has forwarded its request
for changes to the Land Development Regulations as they pertain
to LD.1 and LD.2. A copy of the letter is attached.
This matter has been placed before the City Commission, at this
time, in order to achieve the following:
a) to give the City Commission the opportunity to be
aware of, and to comment or seek additional
information on the subject prior to formal review;
and,
..
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City Commission Documentation
In-lieu Fees and Parking Regulations in the C.B.D.
Page 2
b) to provide exposure to the general subject so that the
affected public will be able to provide informed
testimony at the Planning and Zoning Board hearing
(tentatively scheduled for October 18, 1993) .
R E COM MEN D E D ACT ION:
Comment as desired and then, by motion, refer to the Planning
and Zoning Board for formal review and findings as an amendment
to the LDRs.
Attachment:
* CRA (PMT) letter of September 17, 1993
DJK/CCLIEU
.,
,
CD Community
Redevelopment
-a Agency
Delray Beach
September 17, 1993
Parking Management Team Members:
Kevin Egan (Chairman) -CRA
Alan Armour - DDA
Frank Wheat - P&Z I?~C
Barbara Smith - City Commission $tp; ~/I/~D
Bruce Gimmy - Chamber of Commerce
Donald Hormby - DDA Area (11)' 4f- I I99J
Monty Helm - Commercial Beach Area ~4'4
(}ER;~
Loretta McGhee - West Atlantic Avenue Area ' OffiCE
Armand Mouw - Expanded CBD Area
Joe Gillie - OSSHAD District
David T. Harden, City Manager
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, Florida 33444
Dear Dave:
At its Special Meeting of September 15, 1993, the Parking Management Team (PMl)
discussed parking requirements and in-lieu parking fees in the CBD and OSSHAD Zoning
Districts. With regard to these issues, the Team voted to request that the following changes be
made to the City's Land Development Regulations.
1. The In-Lieu Parking Fee, which may be permitted in CBD and OSSHAD should
be increased to Six Thousand Dollars ($6,000).
...... ,
2. An installment payment plan should be added as an optional method of payment
of the In-Lieu Parking fee. This plan would allow payment over a nine-year
period in ten (10) installments. The first installment would be due upon signing.
The remaining nine installments would be due annually. No interest would accrue
during the first 3 years. Beginning in year 4 of the payment schedule, a simple
interest rate of 5% per annum would be applied to the unpaid balance and added
to payments 5 through 10.
3. The off-streetparking requirements for new construction and changes of use in the
expanded CBD area (Le. the portion of the CBD located area north of N .E. 1st
Street, south of S.E. 1st Street and east of the Intracoastal Waterway) should be
based on use criteria as depicted in "Section 4.6.9 Off-Street Parking
207 E. Atlantic Avenue, Delray Beach, FL 33444 (407) 276-8640 / Fax (407) 276-8558
.,
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Regulations", in the City's Land Development Regulations.
4. When new development or changes of use (where applicable) in the CBD or
OSSHAD zoning districts require additional parking spaces, a waiver of the first
additional parking space shall be permitted.
The Parking Management Team requests that this letter be submitted to the City
Commission for acceptance. If the City Commission concurs, these recommendations should
then be forwarded to the Planning & Zoning Board for review and action.
If you or any of the City Commissioners have any questions or comments concerning this
request, please forward them to the CRA office so that we can discuss them at the next PMT
meeting.
Kevin Egan /'
,cr PMT Chai~an
attachments
cc: David Kovacs, Planning & Zoning Director
.,
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MEMORANDUM
TO: Parking Management Team Members
FROM: Chrlsklpber J. Brown ~
Community Redevelopment Agency
DATE: Septemf:Har 15, 1993
SUBJECT: In-Lieu Parking Fees
I. Background
At its September 2. 1993 Workshop the Parking Management Team (PMT), considered
adjusting the in-lieu parking fees charged in the eBO and OSSHAO zoning districts.
Currently the fee is $2.500 per space. The PMT requested that staff prepare an analysis
. outlining the following:
1. Typical land costs in the various parts of the eBO and the OSSHAO areas.
2. Typical parking lot construction costs for small and medium sized lots.
II. Land Costs
The eRA has been involved in numerous land acquisitions in the eBO and OSSHAO
districts and has been in contact with private investors who have recently purchased
property in these areas. In summary, land costs are outlined as follows:
Area Land Cost Land Cost Per
Per Square Foot Parking Space
East Atlantic Avenue - Commercial Beach Area $10,00 to 25.00 $4.000 to $10,000
(Intracoastal to AlA)
East Atlantic Avenue $8.00 to $15.00 $3,200 to $6,000
(Federal Highway to Intracoastal)
East Atlantic Avenue $6.00 to $8.00 $2,400 to $3,200
(Swinton Avenue to Federal Highway)
NE & SE Avenues (First Block) $4.00 to $5.50 $1,600 to $2,200
NE & SE Avenues - Expanded eBO $1.75 to $4.00 $700 to $1,600
(2nd to 4th Blocks)
.,
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Memorandum
To Parking Management Team
September 15,1993
Page 2
III. Parking Lot Construction Costs
The CRA constructed a 29 space parking lot at the northwest corner of NE 1st Avenue
and NE 2nd Street in March, 1993. The total cost of this lot, including land was $ 123,702
or $ 4265 per space. The total construction cost of the lot was $89,650 or $3,091 per
space. The itemized construction cost components are listed in the following table.
ITEM Cost
Engineering, Landscape Architecture & Surveying $10,000
. Grading, Paving and Drainage $21,500
Decorative Paving & Curbing $10,500
Landscaping $14,200
Irrigation $4,600
Water Meter Installation $1 ,850
Ught Fixtures, Wiring and Electrical Service $20,000
Street Furniture $1 ,000
Signage $1 ,000
Other $5,000
IV. Bottom Line
Utilizing estimated land cost from the first table and the actual construction cost from the
second table, the cost of a surface parking lot ranges from a low of $ 3,791 per space in
the expanded ceo area to a high of $ 13,091 per space, in the commercial beach area.
Accordingly, there appears to be adequate justification to increase the in-lieu fee to
$6,000 per space.
.,
...,~, . III. REGULATIONS
V The PSC has identified several options which address the LOR and
handicap parking regulation issues.
III. A. LOR MODIFICATIONS (LO)
LD.1. Parking Requirement Modification PrOQram
LD. 1. a. Apply different parking requirements in the CBD for
residential land uSe which must be accompanied by a change of use
. ~, provision. The uniform CBD parking requirement unfairly penalizes
" mixed-use projects, since residential property generates about 1 1/2
" spaces per one-bedroom apartment not 3.3 spaces per 1,000 s.f.
,j ~
. '~' Apply CBO parking requirements in the OSSHAD, The
,A LD. 1. b.
parking characteristics of the OSSHAD and its overall proximity to the
Downtown Area seem to warrant the less stringent CBD parking
.
LD. 1. c. Remove the Expanded CBD Area from the special CBD
,,}:i parking requirements. The parking characteristics of the Expanded CBo
1,'1 j'- \.9 Area are not like the Downtown Area. so that the more stringent citywide
f( 'i!!~ parking requirements based on land use seem more appropriate.
!\ ":l..'<; ~ LD.2. In-Lieu Fe':, Program Modification
$ ~.~ LD, 2. a. Deposit the in-lieu fee proceeds and interest into a
if} ~ ~ Parking Trust Fund.
~ LD. 2. b. Apply the in-lieu fee option in the OSSHAD.
LD. 2. c. In the future, increase the in-lieu fee to $4.000 (or more) to
reflect the actual scst of parking. The cost of new surface parking spaces
- ranges from $4,100 to $4,700.
;,1 LD. 2. d. Provide an in-lieu fee -extended payment plan- of $400 per
space per year for 10 years. (based on S2,5oo with 9.6% interest) The
up-front, lump-sum fee may discourage redevelopment.
.
LD. 2. f. Waive the in-lieu fee for small projects. The in-lieu fee can ,
discourage small renovation projects which help revitalize the CBD.
. \Naive the fee for expansions less than 600 s.f. This option waives
I
~
'J.4~J 2.0 spaces for small expansions.
~ . Waive 2.0 parking spaces required by the in-lieu fee. This option
-';_'- ~ ~\I--v waives 2.0 spaces for everyone regardless of expansion size.
_.....'...",. (cf ) \
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[ITY DF DELAAY BEA[H
100 NW, 1st AVENUe . DELRAY BEACH, FLORIDA 33444 . 407/243,7000
.......
All-AmeltcaClty
September 22, 1993 " III!
1')9,
Mr. Kevin Egan, Chairman
Parking Management Team
207 East Atlantic Avenue
Delray Beach, Florida 33444
Dear Kevin:
Thank you for your letter of September 17th, outlining
recommendations for changes in the City's in-lieu parking
fees and other parking requirements recommended by the
Parking Management Team. I have asked my staff to take
the appropriate steps to bring these recommendations before
the City Commission as soon as they can be reviewed and
evaluated. We will let you know when they are scheduled for
consideration by the Commission.
Sincerely,
W-rr.J~
DAVID T. HARDEN
City Manager
DTH:mld
c: Dave Kovacs
Alison Harty
! H[- F:r ;, "'/~ 'y~: M A-'TEHS
Cl'.., i'-
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO' DAV D T. HARDEN, CITY MANAGER
VI~~~
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF SEPTEMBER 28, 1993
STATUS RE LAKE IDA ROAD IMPROVEMENT PROGRAM
ACTION REQUESTED OF THE COMMISSION:
There is no action required of the Commission. This report
is for informational purposes only.
The subject is the status of the Lake Ida Road Improvement
and Beautification Project, Congress Avenue to Pineapple
Grove Way.
B A C K G R 0 U N D:
For some time now we have been seeking ways to accommodate
landscape medians within our cost limitations. The desire to
change from the previously designed project (five lanes of
pavement) to one which includes some landscape medians created
some problems. These included:
* need for redesign;
* funding the redesign;
* possibility of needing more right-of-way;
* securing additional right-of-way;
* the potential for constructing a replacement wall
along certain lots of Lake Ida Manor Addition.
To meet funding demands for the redesign work, the City Manager
was able to obtain a County Beautification Grant for the
landscape work. This, in turn, allowed the City to use its
funds for the redesign work.
In meeting with the design consultants, our City Engineer
suggested an alternative lane configuration which reduced the
width of the pavement section from 50' to 46'. The savings was
put into the landscape median and there no longer was the need
to do as extensive a redesign as originally contemplated. The
alternative pavement section has been verbally agreed to by the
County. ~~f;,
t/-.)) 'H
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City Commission Documentation
Status Re Lake Ida Road Improvement Program
Page 2
In addition, the alternative design negates the need for
additional right-of-way (from Isles of Delray & specific lot
owners in Lake Ida Manor Addition) . . . . again, a cost savings.
This design may also result in the City not having to
participate in the wall replacement aspect of the project.
S TAT U S
Presently, we have sought an official, written confirmation of
the alternative design from the County Traffic Division. Also,
the design consultants are revising their proposal for services,
based upon the new cross-section.
We anticipate that within a month we will be before the
Commission with a request for authorization for the redesign
contract. And, at that time, we would have information on
overall costs, timing, and the identification of any other
requirements which may arise.
R E COM MEN D E D ACT ION:
No formal action is necessary. The report may simply be
received and filed.
OJK/CCL:J:R.OOC
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # ~~ - MEETING OF SEPTEMBER 28, 1993
CHANGE ORDER NO. l/CHAZ EOUIPMENT COMPANY, INe,
DATE: September 24, 1993
This is a change order in the amount of $76,667.70 to the contract
wi th Chaz Equipment Company, Inc. and which extends the contract
completion date by 30 days for miscellaneous drainage revisions to
Lowry Street and Basin Drivej additional curbing to S.E. 5th Streetj
and revisions to drainage/sanitary on Salina Avenue.
Changes to the contract include:
-Construction of miscellaneous drainage revisions on Lowry Street
and Basin Drive in order to eliminate an inefficient outfall on
Lowry street.
-Installation of additional curbing on S,E. 5th Street,
-Lowering of storm drain exfiltration trench and piping on Salina
Avenue to avoid existing sewer laterals and reconnection of two
existing sanitary sewer laterals to the new gravity sewer main.
A detailed staff report is attached as backup material for this item.
Recommend approval of Change Order No. 1 to the contract with Chaz
Equipment Company, Inc. in the amount of $76,667.70 and which extends
the contract completion date by 30 days. Funding source will be
provided at Tuesday evening's meeting.
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Agenda Item No.:
AGElmA REOUEST
Date: September 23, 1993
Request to be placed on:
__X__ Regular Agenda
_____ Special Agenda
_____ Workshop Agenda When: September 28, 1993
Description of item (who, what, where, how much): Staff requests City
Commission to approve Change Order #1 to Chaz Equipment Co., Inc. for the
Roadway Reconstruction Plan (92-02) and SE 5th st (93-15). Change Order #1 is
for miscellaneous revisions to Lowery st, Basin Dr, Salina Ave, SE 5th St and
Vista Del Mar. Also included are miscellaneous changes required by the
Department of Transportation on Atlantic Ave. The specific scope of work is
itemized per Schedule "A" attached to the Change Order. Change Order #1 is for
a net add amount of $76,667.70 Funding Sources are 448-5411-538-61.17
($65,707.70) and 442-5178-536-61.78 ($10,960.00). ,-
ORDINANCE/RESOLUTION REQUIRED: YE([ij DRAFT ATTACHED YE~
Recommendation: Staff Recommends approval of Change Order #1
Department Head $/~ 1/1.~i;3 ~ I@IJ
Signature:
Determination of consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable)
Budget Director Review (required on all items involving expenditure of funds):
Funding available: YES/NO
Funding alternatives (if applicable)
Account No. & Description
Account Balance
City Manager Review:
Approved for agenda: (9)NO tM
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
/agen9201.doc
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DEPARTMENT OF ENVIRONMENTAL SERVICES
MEMORANDUM
TO: DAVID T. HARDEN
CITY _GO ~
TOU: WILLIAM H. GREENWOOD, P.E ~~~
DIRECTOR OF ENV. SVCS.
FROM: RALPH E. HAYDEN, P.E~
CITY ENGINEER ~
DATE: September 24, 1993
SUBJECT: ROADWAY RECONSTRUCTION PLAN (EAST OF INTRACOASTAL)
PROJECT No. 92-02
S.E. 5TH STREET (FROM FEC RR. TO 4TH AVE)
PROJECT No. 93-15
-------------------------------------------------------------------
Attached is an Agenda Request for the regular commission meeting on
September 28, 1993, requesting change order #1 for the referenced
project to Chaz Equipment co., Inc. The change order amount is
$76,667.70.
This change order consists of the following:
. Construct drainage revisions on Lowery st. and Basin Dr.
REASON: Recommended by Hazen & Sawyer in their recent pump
stations report, in order to eliminate an inefficient
outfall on Lowery st.
. Lower depth of storm drainage system on Salina Ave.
REASON: Conflicts with the sanitary sewer services were not
discovered until construction began.
. Reconstruct parking lot on Salina Ave.
REASON: Parking lot was demolished during construction in order
to construct a new sewer lateral, the sewer lateral was
deeper than anticipated requir~ng further excavation in
the parking lot.
. Mill and overlay Atlantic Ave. at utility crossings.
REASON: Milling and overlaying an area the width of the pavement
and 50' each side of a utility crossing is a special
condition required by the Department of Transportation
(FOOT) inspectors. This requirement was not specifically
identified on the FDOT permits, therefore the additional
cost was not included in the contract.
..
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. Provide additional items for beautification on SE 5th st.
REASON: Beautification items (sidewalks, driveway aprons, etc. )
were provided in exchange for reduced landscaping on the
medians (landscaping and irrigation to be provided on a
separate contract), and irrigation sleeves were provided
for future installation of irrigation on medians.
The funding sources are:
Stormwater 448-5411-538-61.17 for $65,707.70
Water 442-5178-536-61.78 for $10,960.00
Please place this item on the agenda for commission approval.
RH: kb
Attachments
File: Project No. 92-02 (D)
Project No. 93-15 (D)
Memos to City Manager
AR9202.C01
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CITY OP DELRAY BEACH
CHARGE ORDER TO ORIGINAL COHTRACT
CHANGE NO. 1 PROJECT NO. 92-02, 93-15 DATE:
PROJECT TITLE: Roadway Reconstruction Plan (Projects East of Intracoastal Waterway)
SE 5th Street (Pavement and utility Improvements)
TO CONTRACTOR: Chaz Equipment Co., 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:
Construct miscellaneous drainage revisions on Lowery st and Basin Dr per revised original
Plan Sheets 11, 14 and 19, revision date 9/7/93.
Lower storm drainage exfiltration trench and piping one and one-half foot from plan invert
elevation between structures S-2 and S-3 on Salinas to avoid existing sewer laterals.
Reconnect two existing sanitary sewer laterals to the new gravity sanitary sewer main
(existing laterals are presently tied-in to existing manholes).
On SE 5th St construct miscellaneous concrete driveway/sidewalk/curb revisions, relocate
fire hydrant, irrigation sleeves/service and additional sodding.
Mill and overlay Atlantic Ave at utility connections per Department of Transportation
permit requirements.
Delete landscaping on Vista Del Mar.
All work to be constructed in accordance with attached Schedule 'A' . Payment will be made
at the respective unit prices for actual field measured quantities.
,
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Page 2
Change Order #1, Chaz Equipment, 92-02 and 93-15
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT $1,349,381. 45
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 0.00
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $1,349,381. 45
COST OF CONSTRUCTION CHANGES THIS ORDER $ 76,667.70
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $1,426,049.15
PER CENT INCREASE THIS CHANGE ORDER 5.6 ,
-
TOTAL PER CENT INCREASE TO DATE 5.6 ,
- -
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.
for Chaz Equipment Co., Inc.
(SEAL)
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
Environmental Services Department 448-5411-538-61.17 $65,707.70
442-5178-536-61.78 $10,960.00
DELRAY BEACH, FLORIDA
By its City Commission
RECOMMEND: By:
Ralph E Hayden, Thomas E. Lynch, Mayor
City Engineer
ATTEST:
APPROVED: By:
City Attorney City Clerk
C019202.doc
.,
schedule "A"
Roadway Reconstruction Plan (Projects East of Intracoastal Waterwaterway)
SE 5th St (from FEC RR to SE 4th Ave)
92-02, 93-15
Change Order #1
-----------------------------------------------------------------------------------------------------------------
Contract Item Description +/- c.o. Unit
Item No. #1 Qty Pri ce TOTAL
-----------------------------------------------------------------------------------------------------------------
A. Lowery St Storm Drainage revisions
1 Maintenance of Traffic 1 ls $900.00 $900.00
15 Furnish and install sod 110 sy $2.60 $286.00
22 Type C Inlet 5 ea $1,496.00 $7,480.00
26 Type P Manhole 1 ea $1,506.50 $1,506.50
28 15" RCP 54 lf $28.80 $1,555.20
29 18" RCP 262 lf $30.00 $7,860.00
40 Open Cut Roadway Pavement Repair 336 l f $18.50 $6,216.00
43 Drainage Culvert and Structure Removal 1 ls $2,080.00 $2,080.00
Plug outfal l 1 ls $500.00 $500.00
Plug and grout 18" RCP 112 lf $14.00 $1,568.00
93 Parking Area Pavement Restoration 10 sy $13.95 $139.50
------------------------------
Subtotal $30,091.20
B. Basin Dr Storm Drainage revisions
1 Maintenance of Traffic 1 ls $425.00 $425.00
15 Furnish and install sod 100 sy $2.60 $260.00
26 Type P Manhole 1 ea $1,506.50 $1,506.50
30 24" RCP 354 lf $34.25 $12,124.50
41 Connect to existing structure 1 ea $995.00 $995.00
------------------------------
Subtotal $15,311.00
c. Salina Ave revisions
Lower storm drainage/adjust and reconnect sewer
existing sewer laterals 1 ls $11,000.00 $11,000.00
93 Parking Area Pavement Restoration 150 sy $13.95 $2,092.50
Remove/Replace car stops 6 ea $25.00 $150.00
------------------------------
Subtotal $13,242.50
D. SE 5thSt Miscellaneous revisions
Remove/Replace existing concrete sidewalk 81 sy $22.50 $1,822.50
Remove/Replace existing concrete driveway 78 sy $33.00 $2,574.00
Relocate fire hyrdant including tapping sleeve
and valve 1 ls $1,960.00 $1,960.00
Remove/Replace median curb 80 lf $8.88 $710.40
13 4" PVC irrigation sleeves to roadway median 300 lf $12.65 $3,795.00
59 2" water service to roadway median 1 ea $825.50 $825.50
15 Furnish and install sod w north side of R/W 180 sy $2.60 $468.00
------------------------------
Subtotal $12,155.40
E. Miscellaneous revisions
Atlantic Ave milling of existing asphalt 1500 sy $3.35 $5,025.00
Atlantic Ave 1 1/2" Type S-I asphalt overlay 1500 sy $2.65 $3,975.00
"
Atlantic Ave restriping allowance (thermoplastic) 1 ls $3,500.00 $3,500.00
Delete Vista Del Mar Landscaping (Contract items 98 - 103) .1 ls $6,632.40 ($6,632.40)
----------..-------------------
Subtotal $5,867.60
Net amount of Change Order #1 $76,667.70
Original Contract amount $1,349,381.45
.-----.........---..-
Revised Contract amount thru Change Order #1 $1,426,049.15
--------------
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER PJ1
SUBJECT: AGENDA ITEM it (,1S - MEETING OF SEPTEMBER 28, 1993
PRELIMINARY OFFICIAL STATEMENT/DECADE OF EXCELLENCE BOND
ISSUE PHASE II
DATE: September 24, 1993
This item is before you to authorize the Mayor or his designee to deem
the Preliminary Official Statement final upon the recommendation of
staff and bond counsel. Staff is also requesting that the Mayor or
designee be authorized to do all things necessary relative to the
issuance of the bonds.
Recommend the Mayor or his designee be authorized to deem the
Preliminary Official Statement final upon recommendation of staff and
bond counseli and to do all things necessary relative to the issuance
of the bonds.
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Agenda I tern No. :
AGENDA REQUEST
Date: September 24, 1993
Request to be placed on:'
J{ Regular Agenda Special Agenda Workshop Agenda
When: September 28, 1993
Description of agenda ltem (who, what, where, h9w. muchl: 1
Al1thorizing the Mayor or his designee to deem the prel~m~nary ~na
wh~u ;t ;~ nppmpd final by Becky O'Connor and Steve Sanford (Mudge Kose)
ana tg do ~11 ~h;ng~ necessary relative to the 1993 General Obligation Bond
Is O1::le .
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Recommend the above in order to proceed with the Bond sale.
Department Head Signature:
Determination of Consistency
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds):
Funding available: YES/ NO nla
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for agenda: @/ NO ztr1
Hold Untll:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
'.
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M E M 0 RAN DUM
To: David T. Harden
City Manager
From: Joseph
Finance
Subject: Authorizing the Mayor or his Designee to deem the Proposed 1993
General Obligation Bond Issue Final
Date: September 24, 1993
In order to proceed with the sale of the above referenced Bond Issue, the Mayor
or his Designee must deem the Preliminary Official Statement (P.O.S, ) final.
We recommend that authorization be given to the Mayor or his Designee to deem the
Preliminary Official Statement final when Becky O'Connor and Steve Sanford of
Mudge Rose deem it final. We also recommend that authorization be given to the
same to do all things necessary relative to the issuance of the bonds between the
September 28, 1993 Commission meeting, at which time the authorizing resolution
(which authorizes the bond sale) will be passed and October 19, 1993 when the
underwriters will be back with the details resolution (which describe the pricing
details of the bond sale).
JMS/rso
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CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION
REGULAR MEETING - SEPTEMBER 28. 1993 - 6:00 P.M.
PUBLIC HEARINGS - 7:00 P.M.
COMMISSION CHAMBERS
AGENDA ADDENDUM
THE CONSENT AGENDA IS AMENDED TO CORRECT:
Y. COMMUNITY REDEVELOPMENT AGENCY SUBSIDIZED LOAN AGREEMENT:
Approve subsidized loan agreements with the Community
Redevelopment Agency and Banyon, ~~~t~~~, and Equity ~~~ ~~t~~~~
Banks for participation in the CRA's interest free loan program.
THE REGULAR AGENDA IS AMENDED TO INCLUDE:
K. 1993 DECADE OF EXeELLENCE BOND ISSUE: Approve services in
conjunction with the 1993 Decade of Excellence Bond Issue: First
Union Bank as Paying Agent/Registrar in the amount of $9,932;
Allied Printing, Inc. as printer in the amount of $3,296; BOO
Seidman as Verification Agent in the amount of $2,100; and Mudge,
Rose, Guthrie, Alexander and Ferdon as Bond Counsel.
.,
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MEMORANDUM
TO: David T. Harden
City Man~~
FROM: Joseph ~Sa
Director of In 'ii' e'
SUBJECT: Recommendation for Bond Services for the Proposed General
Obligation Issue
DATE: September 27, 1993
Public Financial Management (PFM) has taken bids on the City's behalf for
services relative to the proposed 1993 General Obligation Issue. They have
analyzed the bids in terms of cost and experience. They have recommended the
following low bidders:
1. First Union
To provide Paying Agent/Registrar, and Escrow Agent Services
2. Allied Printing
To provide Verification Agent Services
3. BDO Seidman
To provide Verification Agent Services
We concur with their recommendation. We have used both First Union and Allied
Printing on past Bond Issues and have been pleased with their services. We have
never used BDO Seidman, however, they are the ninth largest accounting firm in
the United States and have corne highly recommended by Stifel Nicolous.
JMS/rso/slh
Attachment
cc: Rebecca S. O'Connor, Treasurer
0fK
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...3 12:15 '5'8136936384 PUBLIC FIN MGMT ~~~ CITY/DELRAY BCH. l4l 00:
~
~'
PuBLIC F'lNANCIALMANAGEM:ENI; INC. ....
firtandal and lIMStment Adviso~
S900 EntaFrlse parlcwzy
fort Mym. FL 33905
Bl~:;"'7U7 (Fax) St~:;..o:;84
September 20, 1993
MEMORANDUM '.
To: Becky 'O'Connor
City Q~Dehay Beach
From: Stacey Donnelly
Public Fmancial Management. Inc.
Re; General Obligation Refunding and Improvement Bonds.
Serlesl993 '
support Services
!
Requests fqr proposals to serve as paying agent/registrar, escrow agent, ,printer and
verification agent for the above mentioned bond issue were sent to several banks. financial printers
and accounting firms. After receiving the bids. PFM analyzed each in terms of cost and
experience. An:ached. is a chart demiling the firms and the bids that were submitted. The total cost
bid by each company is shown below. The total cost represents the present value cost to the City
over the life of me issue.
Of the tirI:os contacted regarding paying agent/registrar and escrow agen'4 three finane:W
institutions responded. The present value cost to the City for- each fum is provided below.
FIRM TOTAL OF BIDS
!
FIrSt Union $9.932
NationsBank $12.868
Sun Bank $17)844
Of the firms :contacted in regards to financial printing. three responded. Based on experience
with the firm and the lowest bid, PFM recommends ~at the City select Allied Printing. Inc.
FIRM TOTAL OF BIDS
Allied Printing,. Inc. $3.296
Evaco~ Inc. $7,056
Global Financial Press $7.646
Atlanta A1tStitt Boston 1JettVer: r-ort Mj'l!tS tI:mi.sburg Houston Los Angeles Memphis New York 0rIandD Phil.addphia Ponlaod san FnlnCisco
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...3 12:16 "a'8136936384 PUBLIC FIN MGMT ~~~ CITY/DELRAY BCH. ~O(
'.
Five accoun~g fi:mIs :responded to the RF.P to serve as verlfi.cation agent Based on national
reputation and the lowest bid, PFM:recommends that the City select: BOO Seidman. The bids were
as follows: ','
FIRM: TOTAL OF BIDS
,
BOOSbidman $2,100 't.
CooperS and Lybnmd $4,900
Delome & Touche $2,900
Emst ~ Young $4,500
KPMO;PeatMarwick . $3.000
Please contact me at yOU[' earliest convenience to discuss these proposals and PFM's
recommendations. : . .
Atrnc-:nment
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d3 12:16 fr8136936384 PUBLIC FIN MGMT ~~~ CITY/DELRAY BCH. ~004
~
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM i qL- - MEETING OF SEPTEMBER 28, 1993
SERVICE AUTHORIZATION NO, 5/DAVID MILLER AND ASSOCIATES
DATE: September 24, 1993
This is a service authorization in the amount of $1,000 to the
contract with David Miller and Associates for design services to
prepare preliminary floor and site plans for modifications to Fire
Station No, 3. These modifications may include: privatize and
increase sleeping quarters, add and improve bathroom and shower
facilities, provide decontamination and storage facilities, and
provide space for physical training.
Recommend approval of Service Authorization No, 5 to the contract with
David Miller and Associates, in the amount of $1,000, with funding
from Decade of Excellence Bond Issue Phase II - Fire Station No, 3
(Account No, 228-2311-522-61.59),
., ~" ,
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Agenda Item No.:
AGENDA REOUEST
Date: September 21. 1993
Request to be placed on:
~ Regular Agenda
_____ Special Agenda
_____ Workshop Agenda When: September 28. 1993
Description of item (who, what, where, how much): Fire station No. 3. Staff
reauest Commission approval of Service Authorization Number 5 for David Miller
and Associates in the amount of S 1. 000. 00. This Service Authorization is for
preliminary desian which includes preliminary floor and site plans for
modifications to Fire Station #3. These modifications may include the
followina:
Privatize and increase sleepina auarters
Add and improve bathroom and shower facilities
Provide decontamination and storaae facilities
Provide space for physical trainina
Work to be completed 30 days after notification to proceed. Fundina Source
228-2311-522-61.59.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Service Authorization No. 5 for
David Mil er and
Department Head Signature:
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable)
Budget Director Review (~ired on all items involving expenditure of funds):
Funding available: E ~NO
Funding alternatives ( [5cePliCable)
Account No. & D~riPtion 'J.~""'23j I"~-z.~.bl "S'1 ~ PJt2..---F/~~-m3
Account Balance 3,4({).
,
City Manager Review:
Approved for agenda: @/NO tJivf
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
/agenda.kt
"
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DEPARTMENT OF ENVIRONMENTAL SERVICES
MEMORANDUM
TO: DAVID T. HARDEN
CITY KANAGBR
THRU: WILLIAK H. GREENWOOD ~(Zl
DIRECTOR OF ENVIRONMENTAL SERVICES
FROM: RALPH E. HAYDEN, P.E.~
CITY ENGINEER i
DATE: SEPTEMBER 21, 1993
SUBJECT: FIRE STATION NO. 3 SERVICE AUTHORIZATION NO. 5 FOR
DAVID MILLER AND ASSOC. PROJECT 93-61
- - ~ - ~ - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Attached is an agenda request and service authorization in the
amount of $ 1,000.00 for David Miller and Associates to provide
preliminary design for Fire station #3. This work will
standardize the City's fire stations. This preliminary design
will be funded from account no. 228-2311-522-61.59.
REH:kt
Attachment
cc: Kerry B. Koen, Fire Chief
File: Memos to City Manager
93-61 (D)
RHDH021.KT
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DAVID MILLER & ASSOCIATES
CITY OF DELRAY BEACH
CONSULTING SERVICE AUTHORIZATION
DATE:
SERVICE AUTHORIZATION NO. 5 FOR CONSULTING SERVICES ,
CITY P.O. NO. CITY EXPENSE CODE ""22r~-"2..~l \- s,"2.."L-G. -S-q
PROJECT NO. -q:s...-~l (CITY) 93-902 (DAVID MILLER & ASSOC.)
TITLE: Fire Station No. 3 Renovation and Expansion - Preliminary
This Service Authorization, when executed, shall be incorporated in
and shall become an integral part of the Contract, dated October
22, 1992 between the city of Delrav Beach and David Miller &
Associates.
r. PROJECT DESCRIPTION
Renovation and expansion of existing Fire station No. 3
Preliminary floor and site plans will be prepared (to be
incorporated into construction documents under another service
authorizaion. )
II. SCOPE OF SERVICES
The following scope of services is developed in accordance
with the Standard Agreement for Architectural Services.
Phase I Included in this Service Authorization.
The scope of service under this authorization will
include verification of programmatic data, and
preparation of preliminary floor and site plans.
Phases II through V - Not included in this service Authorization
III. BUDGET
Architectural fees on an hourly basis for Phase I not to
exceed one thousand dollars ($1,000.00) .
Payment shall be in accordance with Article VII A.2.
IV. COMPLETION DATE
Completion of preliminary design within thirty (30) days of
formal acceptance of service authorization.
This service authorization is approved contingent upon the City's
acceptance of and satisfaction with the completion of the services
rendered in the previous phase or as encompassed by the previous
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service authorization. If the city in its sole discretion is
unsatisfied with the services provided in the previous phase or
service authorization, the City may terminate the contract without
incurring any further liability. The CONSULTANT may not commence
work on any service authorization approved by the City to be
included as part of the contract without a further notice to
proceed.
Approved by:
Date
Attest:
STATE OF FLORIDA
COUNTY OF PALM BEACH before me this ~
day of
and Associates, sole proprietor on behalf of David Miller and
Associates, a sole proprietorship. He is personally known to me
as David R. Miller and did take an oath.
~~b~~1(
My Commission Expires:
..<<........
/~~ P(~.\ OFFICIAL SEAL
i ~ l CHERn A. BYERLY
~. ,'''' ; My Commission E'(pires
\;~r. ,.,"'... July 19. 1996
.<r:.::~~.. Comm. No, CC 216180
" ' "
.
EXHIBIT B
David Miller & Associates, Hourly Rates
Hourly Hourly Raw
Raw Salary Salary Rate
Rates Times 3.00
MUltiplier
Employer category
Professionals --Engineers, Architects, Planners
Architects:
Principal Architect $30.00 $90.00
Project Manager $25.00 $75.00
Architect I $21. 00 $65.00
Office Support
Includeq as a part of the overhead multiplier to the basic
professional rates.
<,
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,
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERt71
SUBJECT: AGENDA ITEM it: 'lM - MEETING OF SEPTEMBER 28, 1993
SERVICE AUTHORIZATION NO. 6/DAVID MILLER AND ASSOCIATES
DATE: September 24, 1993
This is a service authorization in the amount of $800 to the contract
with David Miller and Associates for design services to prepare
preliminary floor and site plans for modifications to Fire Station No.
4. These modifications may include: privatize and increase sleeping
quarters, add and improve bathroom and shower facilities, provide
decontamination and storage facilities, and provide space for physical
training.
Recommend approval of Service Authorization No. 6 to the contract with
David Miller and Associates, in the amount of $800, with funding from
Decade of Excellence Bond Issue Phase II - Fire Station No. 4 (Account
No. 228-2311-522-61.60).
'"
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Agenda Item No.:
AGENDA REOUES~
Date: September 21. 1993
Request to be placed on:
--X-- Regular Agenda
_____ Special Agenda
_____ Workshop Agenda When: September 28. 1993
Description of item (who, what, where, how much): Fire Station No. 4. Staff
reauest Commission approval of Service Authorization Number 6 for David Miller
and Associates in the amount of S 800.00. This Service Authorization is for
preliminarv des ion which includes preliminarv floor and site plans for
modifications to Fire Station #4. These modifications mav include the
followino:
Privatize and increase sleepino auarters
Add and improve bathroom and shower facilities
Provide decontamination and storaoe facilities
Provide space for phvsical trainino
Work to be completed 30 days after notification to proceed. Fundino Source
228-2311-522-61.~.
'fd)
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends approval of Service Authorization No. 6 for
David Miller and Assoc. fo Fire station No. 4.
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: E NO
Funding alternatives (if applicable)
Account No. & De~riPtion 2:2&-J-~/1-~t..2. tof.-hO f)')f. Pff];. - PII2E t.;;1k. t
Account Balance ,<<f)
City Manager Review:
Approved for agenda: @NO t>>j
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
/agenda.kt
,
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DEPARTMENT OF ENVIRONMENTAL SERVICES
MEMORANDUM
TO: DAVID T. HARDEN
CITY _GO ~
TBRU: WILLIAM H. GREENWOOD
DIRECTOR OF ENVIRONMENTAL SERVICES
FROM: RALPH E. HAYDEN, P.E. ~
CITY ENGINEER
DATE: SEPTEMBER 21, 1993
SUBJECT: FIRE STATION NO. .. SERVICE AUTHORIZATION NO. 6 FOR
DAVID MILLER AND ASSOC. PROJECT 93-62
- - - - - - - - - ~ - - - - - - - - - - - - - - - - - - - - - - -
Attached is an agenda request and service authorization in the
amount of $ 800.00 for David Miller and Associates to provide
preliminary design for Fire station #4. This work will
standardize the City's fire stations. This preliminary design
will be funded from account no. 228-2311-522-61.~'.
REH:kt 00
Attachment
cc: Kerry B. Koen, Fire Chief
File: Memos to City Manager
93-62 (D)
RHDH021.KT
"
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DAVID MILLER & ASSOCIATES
CITY OF DELRAY BEACH
CONSULTING SERVICE AUTHORIZATION
DATE:
SERVICE AUTHORIZATION NO. -L FOR CONSULTING SERVICES _
CITY P.O. NO. CITY EXPENSE CODE '""2"'2.. ~ - '- ~ I \ - S'"t. "4 -(QI-\ 4
PROJECT NO. "'\"$- ~-z.. (CITY) 93-903 (DAVID MILLER & ASSOC.)
TITLE: Fire station No. 4 Renovation and Expansion - Preliminary
This Service Authorization, when executed, shall be incorporated in
and shall become an integral part of the Contract, dated October
22. 1992 between the city of Delray Beach and David Miller &
Associates.
I. PROJECT DESCRIPTION
Renovation and expansion of existing Fire station No. 4 .
Preliminary floor and site plans will be prepared (to be
incorporated into construction documents under another service
authorizaion. )
II. SCOPE OF SERVICES
The following scope of services is developed in accordance
with the Standard Agreement for Architectural Services.
Phase I Included in this Service Authorization.
The scope of service under this authorization will
include verification of programmatic data, and
preparation of preliminary floor and site plans.
Phases II through V - Not included in this Service Authorization
III. BUDGET
Architectural fees on an hourly basis for Phase I not to
exceed eight hundred dollars ($800.00).
Payment shall be in accordance with Article VII A.2.
IV. COMPLETION DATE
Completion of preliminary design within thirty (30) days of
formal acceptance of service authorization.
This service authorization is approved contingent upon the City's
acceptance of and satisfaction with the completion of the services
rendered in the previous phase or as encompassed by the previous
service authorization. If the City in its sole discretion is
"
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.
. ' -.
unsatisfied with the services provided in the previous phase or
service authorization, the City may terminate the contract without
incurring any further liability. The CONSULTANT may not commence
work on any service authorization approved by the City to be
included as part of the contract without a further notice to
proceed.
Approved by:
Date
Attest:
STATE OF FLORIDA
COUNTY OF PALM BEACH
T~Oregtng ~~~OWledged~e me tl'is ~((fi
day of +-, Jfl? by of Cl/kJ..QiC
and Associates, sole proprietor on behalf of David Miller and
Associates, a sole proprietorship. He is personally known to me
as David R. Miller and did take an oath.
My Commission Expires:
';;:~'~" OFFICIAL SEAL
. t-....
, ~ \ CH ,RYL A. BY'RL Y
f ,,: My Commission Expires
~ ~,;.i: July 19. 1996
\~r. ~rft>Q'l Comm, No. CC 216180
*..~~~:;....
"
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EXHIBIT B
David Miller , Associates, Hourly Rates
Hourly Hourly Raw
Raw Salary Salary Rate
Rates Times 3.00
Multiplier
Employer Category
Professionals --Engineers, Archit~cts, Planners
Architects:
Principal Architect $30.00 $90.00
Project Manager $25.00 $75.00
Architect I $21. 00 $65.00
Office Support
Included as a part of the overhead multiplier to the basic
professional rates.
"
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # 9N - MEETING OF SEPTEMBER 28, 1993
APPOINTMENT TO THE PUBLIC EMPLOYEES RELATIONS COMMISSION
DATE: SEPTEMBER 22, 1993
We have received Leonard Syrop's letter of resignation from the
Public Employees Relations Commission. Mr. Syrop's resignation
creates a vacancy for a regular member with a management background
to fill an unexpired term ending January 29, 1994.
In accordance with Section 35.032(A) (1) (a) of the City's Code, one
of the three regular member appointees to PERC will be a person
who, on account of previous vocation, employment or affiliation,
is, or has been, classified as representative of employers. The
appointee need not be a resident of the City of Delray Beach.
The following individuals have submitted applications for
consideration:
Norma Bannoura
David I. Cohen
Marta C. Dorfman
Herbert F. Freese
Murray R. Kalish
Leo Kierstein
Harold Kirschner
Armand Mouw
Rosalind Murray
Milford Ross
Pursuant to Commission direction, a check for code violations and
municipal liens has been conducted. Ms. Bannoura has one
outstanding violation, a copy of which is attached to her
application.
The appointment will be made by Commissioner Alperin (Seat #2).
Recommend appointment of a regular member (management background)
to the Public Employees Relations Commission to fill an unexpired
term ending January 29, 1994.
ref:agmemo5
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I f'-......EI\/.::D 1
I I
September 8, 1993 L'." 15 1993 i
. c!r(r:~Ci)'.t' i
I. L-. \ . \ I
~
City Commissioners
City of Delray Bewach
100 N.W. 1st Avenue
. Delray Beach, FL 33444
Dear Commissioners:
I am unable to complete my term of office on the Public
Employees Relat':vns Commission due to il~ness.
I have enjoyed my service on the Commission.
~
Leonard Syrop ~
len.doc
., .'"
, ' -<(i, '....'" .' I
~~"f:i:-' 5-93 1'10..., 1&:115
. ,- ~
- P.li!J2
... CITY or DELRAY BUCH
BOARD MEMBER APPLICATION
- ~
NAME Armand Mou~
1231 Vista Del Mar Dr.. Dalray Deacl:t. 1<'1 33483
HOME ADDRESS (Streec. CLty, Zip Code) (LEGAL RESIDENCE)
409 NE :lrd St., Oclray Beach, Yl 33483
PRINCIPAL 8USINESS ADDRESS (Str..t, City, Zip COde)
HOM! PHONE 276-6717 BUSINESS PHONE 276-9640
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING P.E.R.C. or CivIl Service
Board
LIST ALL CITY BOARDS ON WHICH YOU ARE CUIUlENTLY SERVING 0& KAVE PREVIOUSLY
SERVED (Pleal. include data.)
CRA - 1985-1990; CommIssion 1990-1993; Contra~tors Examinin~ Board 1960's-1970's
EDUCATIONAL QUALIfICATIONS B.A. - School Arts & Sciences. University
. of Florida
.
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD
State of Floridl! General Contractors License IIcGe 001940
GIVE YOUl PRlSENt, OR KOST UCINT EKPLOYER, AND POSItION Mom" Assocla tes. r tl.f.
Chairman of the Board
DESCRIBE EXPElIENCIS. SKILLS oa kNOWLEDGE WHICH QUALIFY YOU TO SElV! ON nns
BOARD
Extensive labor!mgt. ~elations experience both in Mouw Associates. as well
, 8$, trade association representative in aren-wide labor uniOn negotiations.
..
PLEASE ATTACH A BlISr RlSUMI.
1 HEU8Y CERTIFY THAT ALL t1l& AlOVI STA'i'EMENTS AU TRUE, AND I AGUE AND
UNDElSTAND THAT ANY KISSTATEHlHT OF MATERIAL FACTS CONTAINED IN THIS APPLICA-
TION Y'-cn I FOP.J!ITUU UPON MY rAlT or ANY APPOINTKENT I MAY UCElVI.
.'
.~--.,.",.... 4/5/93
DATE
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER t'!1. ,
SUBJECT: AGENDA ITEM ~ Cfo - MEETING OF SEPTEMBER 28, 1993
RESOLUTION NO. 91-93
DATE: September 24, 1993
This is a resolution authorizing the issuance of not exceeding
$10,000,000 Decade of Excellence General Obligation Refunding Bonds,
Series 1993B.
Recommend approval of Resolution No. 91-93.
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MUDGE ROSE GUTHRIE ALEXANDER Or FERDON
180 MAIDEN LANE SUITE 900, NORTHBRIOGE CENTRE 2121 K STREET, N,W.
NEW YORK, NEW YORK 10038,.996 WASHINGTON, D,C, 20037'1898
212-510'7000 515 NORTH F'LAGLER ORIVE 202,.29,9355
- -
630 F'lnH AVENUE WEST PALM BEACH, F'LORIOA 33401-4334 2 I ST FLOOR
SUITE 16S0 333 SOUTH GRANO AVENUE
NEW YORK, N. Y. 10111-0144 - LOS ANGELES. CALIF', 90071'1525
212-332'1600, 407-650-8100 i2 13.613~ t II 2
- -
MORRIS CORPORATE CENTER TWO - 12. RUE DE LA PAIX
ONE UPPER PONO ROAO SLOG, 0 F'ACSIMILE: .07-833-1722 75002, PARIS, F'RANCE
PARSIPPANY, NEW JERSEY 0705.,1075 TELEX: WU 51.8.7 (J) 042. 61. 57.71
201-335-000. -
TOAANOMON 37 MORI eUllDING
5-1 TORANOMON 3-CHOME. MIN"TO~KU
TOKYO 105. .JAPAN
September 23, 1993 <031 3.37,2861
Ms. Alison MacGregor Harty
City Clerk
City of Delray Beach, Florida
100 N.W. 1st Avenue
Delray Beach, Florida 33444
CITY OF DELRAY BEACH, FLORIDA
General Obligation Refunding Bonds, Series 1993 B
(Decade of Excellence Program)
Dear Alison:
Enclosed are fifteen (15) copies of Resolution No. 91-93
authorizing the issuance of the above-referenced Bonds in a
principal amount not to exceed $10,000,000. The resolutions should
be included in the agenda packages for consideration of adoption on
Tuesday, September 28, 1993.
If you should have any questions, please do not hesitate
to call.
Very truly yours,
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~tephen D. Sanford
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RESOLUTION NO. 91-93
CITY OF DELRAY BEACH, FLORIDA
$10,000,000
General Obligation Refunding Bonds, Series 1993 B
(Decade of Excellence Program)
General Obligation Refunding Bond Resolution
Adopted September 28, 1993
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TABLE OF CONTENTS
Paae
SECTION 1. DEFINITIONS . . . . . . . . . . . . . . . . . . . 3
SECTION 2. FINDINGS . . . . . . . . . . . . . . . . . . . . 8
SECTION 3. AUTHORITY OF THIS RESOLUTION . . . . . . . . . . 8
SECTION 4. RESOLUTION CONSTITUTES CONTRACT. . . . . . . . . 8
SECTION 5. AUTHORIZATION AND DESCRIPTION OF BONDS . . . . . 9
SECTION 6. REDEMPTION PROVISIONS. . . . . . . . . . . . . . . 11
SECTION 7. EXECUTION OF BONDS . . . . . . . . . . . . . . . 11
SECTION 8. NEGOTIABILITY, REGISTRATION AND CANCELLATION . . 12
SECTION 9. BONDS MUTILATED, DESTROYED, STOLEN OR LOST . . . 15
SECTION 10 FORM OF BONDS . . . . . . . . . . . . . . . . . . 16
SECTION 11. APPLICATION OF BOND PROCEEDS . . . . . . . . . . 26
SECTION 12. SECURITY FOR THE BONDS . . . . . . . . . . . . . 27
SECTION 13. COVENANTS OF THE CITY. . . . . . . . . . . . . . 27
SECTION 14. REDEMPTION OF REFUNDED BONDS AUTHORIZED. . . . . 34
SECTION 15. IRREVOCABLE INSTRUCTIONS TO ESCROW AGENT . . . . 34
SECTION 16. CITY ELECTION TO REFUND REFUNDED BONDS . . . . . 36
SECTION 17. COMPLIANCE WITH ACT. . . . . . . . . . . . . . . 36
SECTION 18. FINANCIAL PLAN FOR REFUNDING REFUNDED BONDS . . . 36
SECTION 19. MODIFICATION OR AMENDMENT. . . . . . . . . . . . . 37
SECTION 20. SEVERABILITY OF INVALID PROVISIONS . . . . . . . 38
SECTION 21. SALE OF BONDS. . . . . . . . . . . . . . . . . . . 38
SECTION 22. REMEDIES . . . . . . . . . . . . . . . . . . . . . 38
SECTION 23. EFFECTIVE DATE. . . . . . . . . . . . . . . . . . 39
Res. No. 91-93
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Resolution No. 91-93
A RESOLUTION 01' THE CITY COKHISSION 01' DELRAY BEACH,
PLORIDA, AUTHORIZING 'l'HE ISSOANCE 01' NOT EXCEEDING
$10,000,000 GENERAL OBLIGATION REPOHDING BONDS, SERIES
1993 B, 01' 'l'HE CITY 01' DELRAY BEACH, PLORIDA; PROVIDING
'l'HE PORK AND TElUlS 01' 'l'HB BONDS; PROVIDING POR THE
PAYMENT 01' THE BONDS PROK A TAX ON ALL TAXABLB PROPERTY
IN THB CITY 01' DELRAY BEACH; PROVIDING POR THE RIGHTS,
REKEDIES AND SECURITY 01' 'l'HB HOLDERS 01' 'l'HB BONDS;
PROVIDING POR CERTAIN OTHER HATTERS DEBKBD NECESSARY AND
PROPER IN CONNBCTION WI'l'H 'l'HB ISSOANCB 01' THB BONDS; AND
PROVIDING POR AN EPPECTIVB DATE.
WHEREAS , the City Commission of Delray Beach, Florida
(the "Commission"), did, on October 16,1989, adopt Resolution No.
77-89 entitled "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REPEALING RESOLUTION NO. 70-89 AND
RESOLUTION NO. 76-89; PROVIDING HEREIN IN LIEU OF SUCH RESOLUTIONS
FOR THE ISSUANCE OF GENERAL OBLIGATION BONDS FOR THE PURPOSE OF
FINANCING THE (A) ACQUISITION, CONSTRUCTION, RECONSTRUCTION AND
EQUIPPING OF CERTAIN FIRE FACILITIES IN THE PRINCIPAL AMOUNT OF NOT
EXCEEDING $5,180,000, (B) ACQUISITION, CONSTRUCTION, AND RECON-
sTRucTIoN OF CERTAIN STREET, SIDEWALK, ALLEY, RIGHTS OF WAY, DRAIN-
AGE AND BEAUTIFICATION PROJECTS IN THE PRINCIPAL AMOUNT OF NOT
EXCEEDING $11,207,000, (C) ACQUISITION, CONSTRUCTION, AND EQUIPPING
OF IMPROVEMENTS TO CERTAIN RECREATIONAL AND CULTURAL FACILITIES IN
THE PRINCIPAL AMOUNT OF NOT EXCEEDING $4,605,000, AND (D) THE
ACQUISITION AND CONSTRUCTION OF VARIOUS NEIGHBORHOOD IMPROVEMENT
PROJECTS IN THE PRINCIPAL AMOUNT OF NOT EXCEEDING $500,000; CALLING
FOR A BOND REFERENDUM OF THE QUALIFIED ELECTORS OF THE CITY OF
DELRAY BEACH TO BE HELD ON NOVEMBER 21, 1989, AS TO WHETHER GENERAL
C:\DATA\DELRA Y\MA TI,3S\BONDRES.VS Res. No. 91-93
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OBLIGATION BONDS FOR SUCH PROJECTS SHOULD BE ISSUED; AND PROVIDING
AN EFFECTIVE DATE," and the qualified electors of the city of
Delray Beach, Florida (the "ci ty") , did, at an election held on
November 21, 1989, authorize by majority vote the issuance of
$21,492,000 general obligation bonds to finance the cost of the
acquisition and construction of the projects described above (the
"Decade of Excellence General Obligations Bonds").
WHEREAS, the Commission did, on June 12, 1990, issue a
portion of its Decade of Excellence General Obligation Bonds in the
principal amount of $11,200,000 and designated such bonds "City of
Delray Beach, Florida, General Obligation Bonds, Series 1990
(Decade of Excellence Program) (herein, the "1990 Bonds"); and
WHEREAS, the Commission hereby determines it to be in the
best financial and economic interest of the City to issue City of
Delray Beach, Florida, General Obligation Refunding Bonds, Series
1993 B (Decade of Excellence Program) (the "Bonds") in an aggregate
principal amount of not exceeding $10,000,000 for the purpose of
paying and defeasing a portion of the City's outstanding 1990 Bonds
(the principal amount of the 1990 Bonds to be refunded is herein
called the "Refunded Bonds").
WHEREAS, pursuant to the provisions of Section 132.36 of
the Florida Statutes, the City has determined that the maximum
principal amount of the Bonds authorized by this Resolution does
not exceed the limitation imposed by Section 132.35 of the Florida
Statutes; and
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WHEREAS , pursuant to Section 132.36 of the Florida
statutes, the Commission has determined that the Bonds will bear a
lower net average interest cost rate than that borne COllectively
by the Refunded Bonds; and
NOW, THEREFORE, BB IT RESOLVED BY THE CITY COMKISSION 01'
THB CITY 01' DBLRAY BEACH, FLORIDA:
SBCTION 1. DBFINITIONS. That, in addition to the terms
defined above, as used in this Resolution, the following terms
shall have the following meanings unless the text otherwise
expressly requires:
A. "Act" shall mean the Florida Constitution, Chapter
132 and Chapter 166, Florida statutes, as amended and supplemented,
the city Charter of Delray Beach, as amended and supplemented, and
other applicable provisions of law.
B. "Bond Insurance POlicy" shall mean an insurance
policy issued for the benefit of the Holders of any Bonds, pursuant
to which the Bond Insurer shall be obligated to pay when due the
principal of and interest on such Bonds to the extent of any
deficiency in the amounts in the funds and accounts held under this
Resolution, in the manner and in accordance with the terms provided
in such Bond Insurance Policy.
C. "Bond Insurer" shall mean the issuer of a Bond
Insurance Policy and its successors.
D. "Bondholder" or "Holder of Bonds" or "Owner" or any
similar term, shall mean any person who shall be the registered
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owner of any Bond or Bonds outstanding under the terms of this
Resolution.
E. "Bonds" shall mean the not exceeding $10,000,000
General obligation Refunding Bonds, Series 1993 B (Decade of
Excellence Program) , authorized to be issued pursuant to this
Resolution.
F. "Code" shall mean the Internal Revenue Code of 1986,
as amended, and all subsequent tax legislation duly enacted by the
Congress of the United states.
G. "Defeasance obligations" shall mean to the extent
permitted by law:
(a) U. S. Obligations;
(b) Any bonds or other obligations of any state of
the united States of America or of any agency,
instrumentality or local governmental unit of any such
state (i) which are not callable prior to maturity or as
to which irrevocable instructions have been given to the
trustee of such bonds or other obligations by the obligor
to give due notice of redemption and to call such bonds
for redemption on the date or dates specified in such
instructions, (ii) which are secured as to principal and
interest and redemption premium, if any, by a fund
consisting only of cash or bonds or other obligations of
the character described in clause (a) hereof which fund
may be applied only to the payment of such principal of
and interest and redemption premium, if any, on such
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bonds or other obligations on the maturity date or dates
thereof or the redemption date or dates specified in the
irrevocable instructions referred to in subclause (i) of
this clause (b) , as appropriate, and (iii) as to which
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the principal of and interest on the bonds and
obligations of the character described in clause (a)
hereof which have been deposited in such fund along with
any cash on deposit in such fund are sufficient to pay
principal of and interest and redemption premium, if any,
on the bonds or other obligations described in this
clause (b) on the maturity date or dates thereof or on
the redemption date or dates specified in the irrevocable
instructions referred to in subclause ( i) of this
clause (b) , as appropriate;
(c) Evidences of indebtedness issued by the Federal
Home Loan Banks, Federal Home Loan Mortgage Corporation
(includingparticipationcertificates), Federal Financing
Banks, or any other agency or instrumentality of the
United states of America created by an act of Congress
provided that the obligations of such agency or
instrumentality are unconditionally guaranteed by the
united states of America or any other agency or
instrumentality of the united states of America or of any
corporation wholly-owned by the United states of America;
and
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(d) Evidences of ownership of proportionate
interests in future interest and principal payments on
obligations described in (a) held by a bank or trust
company as custodian.
H. "Escrow Deposit Agreement" shall mean the Escrow
Deposit Agreement, entered into by and between the eity and a bank
or trust company or national banking association, as trustee and
escrow agent, to be hereafter designated by subsequent proceedings
of the commission, in connection with the refunding of the Refunded
Bonds.
I. "outstanding" shall mean, when used with reference to
the Bonds, as of any particular date, all Bonds theretofore, or
thereupon being, authenticated and delivered by the Registrar under
this Resolution, except (i) Bonds theretofore or thereupon
cancelled by the Registrar or surrendered to the Registrar for
cancellation; (ii) Bonds with respect to which all liability of the
City shall have been discharged in accordance with Section 13.D of
this Resolution; (iii) Bonds in lieu of or in substitution for
which other Bonds shall have been authenticated and delivered by
the Registrar pursuant to any provision of this Resolution; (iv)
Bonds cancelled after purchase in the open market or because of
payment at, or redemption prior to maturity; and (v) Bonds held by
the city.
, J. "Paying Agent" shall mean the bank or trust company
and any successor bank or trust company appointed by the commission
to act as paying Agent hereunder.
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K. "Permitted Investments" shall mean ( i) U. S.
obligations, and (ii) all other investments permitted under the
laws of Florida and acceptable to the Bond Insurer, if any.
L. "Registrar" shall mean the bank or trust company and
any successor bank or trust company appointed by the Commission to
act as Registrar hereunder.
M. "Tax Certificate" shall mean the Tax Certificate as
to Arbitrage and the provisions of Sections 141 through 150 of the
Internal Revenue Code of 1986, executed by the city on the date of
initial issuance and delivery of the Bonds, as such Tax Certificate
may be amended from time to time, and which serves as a source of
guidance for achieving compliance with the Code.
N. "U. S. Obligations" shall mean the direct obligations
of, or obligations the principal of and interest on which are
unconditionally guaranteed by, the United states of America, and,
if determined by subsequent proceedings of the Commission,
certificates which evidence ownership of the right to the payment
of the principal of, or interest on, such obligations.
Words of the masculine gender shall be deemed and
construed to include correlative words of the feminine and neuter
genders. Words importing the singular number shall include the
plural number and vice versa unless the context shall otherwise
indicate. The word "person" shall include corporations;
associations, natural persons and public bodies unless the context
shall otherwise indicate. Reference to a person other than a
natural person shall include its successors.
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SECTION 2. PIBDINGS.
A. That it is necessary, advantageous, desirable and in
the best interests of the City and its residents that the Bonds be
issued to accomplish the refunding of the Refunded Bonds.
B. That for the payment and defeasance of the Refunded
Bonds, the city shall deposit a portion of the proceeds derived
from the sale of the Bonds in an escrow deposit trust fund, which
together with other available funds, if any, and the income and
earnings derived from the investment thereof shall be sufficient to
pay and defease the Refunded Bonds, as the same become due and
payable or are redeemed prior to maturity in accordance with the
proceedings which authorized their issuance, all as provided in
this Resolution and the Escrow Deposit Agreement.
C. That the Bonds may be issued either all at one time
or in part from time to time as the Commission may in its
discretion hereafter determine by subsequent resolution.
SECTION 3. AUTHORITY OP THIS RESOLUTION. This
Resolution is adopted pursuant to the Act.
SECTION 4. RESOLUTION CONSTITUTES CON'l'RACT. In
consideration of the acceptance of the Bonds, authorized to be
issued hereunder by those who shall hold the same from time to
time, the Resolution shall be deemed to be and shall constitute a
contract between the city and such BondhOlders, and the covenants
and agreements herein set forth to be performed by the city shall
be for the equal benefit, protection and security of the Holders of
any and all of such Bonds, all of which shall be of equal rank and
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without preference, priority, or distinction of any of the Bonds
over any other thereof except as expressly provided therein and
herein.
SECTION 5. AUTHORIZATION AND DESCRIPTION 01' BONDS.
subject and pursuant to the provisions of this Resolution, Bonds of
the City to be known as "General Obligation Refunding Bonds, Series
1993 B (Decade of Excellence Program) ," are hereby authorized to be
issued in the aggregate principal amount of not exceeding Ten
Million Dollars ($10,000,000) for the purpose of the payment and
defeasance of the Refunded Bonds pursuant to the provisions of this
Resolution and the Escrow Deposit Agreement and to pay the cost of
issuance of the Bonds. The Bonds shall be issued in registered
form, shall be in the denomination of $5,000 each, or any integral
multiple thereof, and shall be numbered separately and
consecutively upward. The Bonds shall be designated "General
Obligation Refunding Bonds, Series 1993 B (Decade of Excellence
Program) , " with such other designation deemed appropriate and
determined by subsequent proceeding of the commission, shall bear
interest at not exceeding the maximum rate or rates permitted by
law, payable by check or draft made payable to the Holder of Bonds
and mailed to the address of such Holder of Bonds as such name and
address shall appear on the registration books of the city
maintained by the Registrar at the close of business on the
fifteenth day of the calendar month preceding each interest payment
date or on the date the principal sum of any Bond is paid (herein,
the "Record Date"); provided, however, that payment of interest on
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the Bonds may, at the option of any Holder of Bonds in an aggregate
principal amount of at least $1,000,000, be transmitted by wire
transfer to the bank account number of such Holder on file with the
paying Agent as of the Record Date. The Bonds may be issued as
either serial Bonds or term Bonds or any combination thereof. The
Bonds authenticated prior to the first interest payment date shall
be dated and bear interest from the date determined by subsequent
proceedings of the Commission. Bonds authenticated on or
subsequent to the first interest payment date shall be dated as of
the date of their registration and shall bear interest as of the
interest payment date immediately preceding the date of
registration, unless such date of registration shall be an interest
payment date, in which case, such Bonds shall bear interest from
such date of registration, or if registered during the period from
a Record Date preceding an interest payment date to such interest
payment date, then from such interest payment date if interest is
then paid, as the case may be; provided, however, that if and to
the extent there is a default in the payment of the interest due on
such interest payment date, such defaulted interest shall be paid
to the persons in whose name Bonds are registered on the
registration books of the City maintained by the Registrar at the
close of business on the fifteenth day prior to a subsequent
interest payment date established by notice mailed by the Registrar
to the registered owner not less than the tenth day preceding such
subsequent interest payment date, such interest shall be payable
semiannually of each year, and shall mature in such years and
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amounts, all as shall be determined by subsequent proceedings of
the Commission. In the event any payment of interest or of
interest and principal on the Bonds shall not be paid when due, the
amount so in default shall continue to bear interest to the extent
permitted by law from the date such payment became due until
payment thereof at the rate set forth on the face of each Bond.
Such Bonds shall mature in such amounts and at such times not
exceeding forty (40) years from the date of issuance of the
Refunded Bonds, and shall be payable and registrable at such place
or places within or out of the State of Florida as shall hereafter
be determined by subsequent proceedings of the Commission.
SECTION 6. REDEMPTION PROVISIONS. The Bonds may be
subj ect to redemption prior to maturity at such times, at such
redemption prices and upon such terms as shall be determined by
subsequent proceedings of the Commission.
SECTION 7. EXECUTION OP BONDS. That the Bonds shall be
executed in the name of the City by the Mayor, and the official
seal of the City shall be affixed thereto or lithographed,
impressed, imprinted or otherwise reproduced thereon and attested
by the City Clerk, or in such manner as may be permitted by law.
The signatures of the Mayor or the City Clerk on the Bonds may be
manual or facsimile signature. In case anyone or more of the
officers who shall have signed or sealed any of the Bonds shall
cease to be such officer before the Bonds so signed and sealed have
been actually sold and delivered, such Bonds may nevertheless be
sold and delivered as herein provided and may be issued as if the
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person who signed or sealed such Bonds had not ceased to hold such
office. Any of the Bonds may be signed and sealed on behalf of the
city by such person as at the actual time of execution of such
Bonds shall hold the proper office, although at the date of such
Bonds such person may not have held such office or may not have
been so authorized.
The Bonds shall bear thereon a certificate of
registration and authentication, in the form set forth in
section 10 hereof, executed manually by the Registrar. only such
Bonds as shall bear thereon such certificate of registration and
authentication shall be entitled to any right or benefit under this
Resolution and no Bond shall be valid or obligatory for any purpose
until such certificate of registration and authentication shall
have been duly executed by the Registrar. Such certificate of the
Registrar upon any Bond executed on behalf of the city shall be
conclusive evidence that the Bond so authenticated has been duly
registered and authenticated and delivered under this Resolution
and that the holder thereof is entitled to the benefits of this
Resolution.
SECTION 8. NEGOTIABILITY, REGISTRATION AND CANCELLATION.
At the option of the registered holder of any Bond and upon
surrender thereof at the designated corporate trust office of the
Registrar, with a written instrument of transfer satisfactory to
the Registrar duly executed by the registered holder of a Bond or
his duly authorized attorney and upon payment by such holder of any
charges which the Registrar or the city may make as provided in
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this section, the Bonds may be exchanged for Bonds of the same
series and maturity of any other authorized denominations.
The Registrar shall keep books for the registration of
Bonds and for the registration of transfers of Bonds. The Bonds
shall be transferable by the registered holder thereof in person or
by his attorney duly authorized in writing only upon the books of
the City kept by the Registrar and only upon surrender thereof
together with a written instrument of transfer satisfactory to the
Registrar duly executed by the registered holder or his duly
authorized attorney. Upon the transfer of any such Bond, the city
shall issue in the name of the transferee a new Bond or Bonds.
The City, the Registrar and the paying Agent shall deem
and treat the person in whose name any Bond shall be registered
upon the books kept by the Registrar as the absolute holder of such
Bond, whether such Bond shall be overdue or not, for the purpose of
receiving payment of, or on account of, the principal of, premium,
if any, and interest on such Bond as the same become due and for
all other purposes. All such payments so made to any such holder
or upon his order shall be valid and effectual to satisfy and
discharge the liability upon such Bond to the extent of the sum or
sums so paid, and neither the City, the Registrar nor the Paying
Agent shall be affected by any notice to the contrary.
In all cases in which the privilege of exchanging Bonds
or transferring Bonds is exercised, the City shall execute and the
Registrar shall authenticate and deliver Bonds in accordance with
the provisions of this Resolution. All Bonds surrendered in any
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such exchanges or transfers shall forthwith be delivered to the
Registrar and cancelled by the Registrar in the manner provided in
this section. There shall be no charge for any such exchange or
transfer of Bonds, but the City or the Registrar may require the
payment of a sum sufficient to pay any tax, fee or other
governmental charge required to be paid with respect to such
exchange or transfer. Neither the City nor the Registrar shall be
required (a) to transfer or exchange Bonds for a period commencing
on the Record Date and ending on the next ensuing interest payment
date for such Bonds or 15 days next preceding any, selection of
Bonds to be redeemed or thereafter until after the mailing of any
notice of redemption; or (b) to transfer or exchange any Bonds
called for redemption. However, if less than all of a Bond is
redeemed or defeased, the City shall execute and the Registrar
shall authenticate and deliver, upon the surrender of such Bond,
without charge to the Bondholder, for the unpaid balance of the
principal amount of such Bond so surrendered, a registered Bond in
the appropriate denomination.
All Bonds paid or redeemed, either at or before maturity
shall be delivered to the Registrar when such payment or redemption
is made, and such Bonds, together with all Bonds that may be
purchased by the City, shall thereupon be promptly cancelled.
Bonds so cancelled may at any time be destroyed by the Registrar,
who shall execute a certificate of destruction in duplicate by the
signature of one of its authorized officers describing the Bonds so
destroyed, and one executed certificate shall be filed with the
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City and the other executed certificate shall be retained by the
Registrar.
SECTION 9. BONDS MUTILATED, DESTROYED, STOLEN OR LOST.
In case any Bond shall become mutilated, destroyed, stolen or lost,
the City may execute and the Registrar shall authenticate and
deliver a new Bond of like date, maturity, denomination and
interest rate as the Bond so mutilated, destroyed, stolen or lost;
provided that, in the case of any mutilated Bond, such mutilated
Bond shall first be surrendered to the City and, in the case of any
lost, stolen or destroyed Bond, there shall first be furnished to
the City and the Registrar evidence of such loss, theft, or
destruction satisfactory to the City and the Registrar, together
with indemnity satisfactory to them. In the event any such Bond
shall be about to mature or have matured or have been called for
redemption, instead of issuing a duplicate Bond, the City may pay
the same without surrender thereof. The City and the Registrar may
charge the holder of such Bond their reasonable fees and expenses
in connection wi th this transaction. Any Bond surrendered for
replacement shall be cancelled in the same manner as provided in
Section 8 of this Resolution.
Any such duplicate Bonds issued pursuant to this Section
shall constitute additional contractual obligations on the part of
the city, whether or not the lost, stolen or destroyed Bonds be at
any time found by anyone, and such duplicate Bonds shall be
entitled to equal and proportionate benefits and rights as to lien
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on and source and security for payment with all other Bonds issued
hereunder.
SECTION 10. PORK 01' BONDS. The text of the Bonds shall
be of substantially the following tenor, with such omissions,
insertions and variations as may be necessary and desirable:
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(Face of Bond)
No. $_,000
UNITED STATES OF AMERICA
STATE OF FLORIDA
PALM BEACH COUNTY
CITY OF DELRAY BEACH
GENERAL OBLIGATION REFUNDING BOND
SERIES 1993 B
(Decade of Excellence Program)
Interest Maturity Dated
Rate Date Date CUSIP
Registered Owner:
Principal Amount:
KNOW ALL MEN BY THESE PRESENTS, that City of Delray
Beach, Florida, a municipal corporation created and existing under
and by virtue of the laws of the State of Florida (the "City"),
hereby acknowledges itself to be indebted, and for value received,
hereby promises to pay the Registered Owner or registered assigns
on the Maturity Date specified above, from the sources hereinafter
mentioned, upon the presentation and surrender hereof at the
designated corporate trust office of ,
as paying agent (said and any bank or trust
company becoming successor paying agent being herein called the
"paying Agent"), the Principal Amount stated above together with
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interest thereon at the Interest Rate payable on the first day of
and of each year commencing .
Interest on this Bond (except for Holders of at least $1,000,000 in
aggregate principal amount of bonds, who may receive payment of
interest by wire transfer in the manner provided in the herein
referred to Resolution) is payable by check or draft of the Paying
Agent made payable to the Registered Owner and mailed to the
address of the Registered Owner as such name and address shall
appear on the registration books of the City initially maintained
by , as registrar (said
and any bank or trust company becoming successor registrar being
herein called the "Registrar" ) at the close of business on the
fifteenth day of the calendar month preceding each interest payment
date or the date on which the principal of a Bond is to paid (the
"Record Date"); provided, however, that if and to the extent there
is a default in the payment of the interest due on such interest
payment date, such defaulted interest shall be paid to the persons
in whose name Bonds are registered on the registration books of the
City maintained by the Registrar at the close of business on the
fifteenth day prior to a subsequent interest payment date estab-
lished by notice mailed by the Registrar to the registered owner
not less than the tenth day preceding such subsequent interest
payment date. Such interest shall be payable from the most recent
interest payment date next preceding the date of registration to
which interest has been paid, unless the date of registration is an
1 or 1 to which interest has been paid, in
C:\DATA\DELRA Y\MA IT,3S\BONDlUlS.VS 18 Res. No. 91-93
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which case from the date of registration, or unless the date of
registration is prior to , 19 -' in which case from
, 19 , or unless the date of registration is between a
Record Date and the next succeeding interest payment date, in which
case from such interest payment date. The Principal Amount and
accrued interest thereon is payable in any coin or currency of the
united states of America, which, on the date of payment thereof,
shall be legal tender for the payment of public and private debts.
This bond is one of an issue of bonds in the aggregate
principal amount of not exceeding $ , of like date, tenor
and amount, except as to the number, date of maturity and interest
rate, issued by Delray Beach, Florida, for the purpose of paying
and defeasing a portion of the City's General Obligation Bonds,
Series 1990 (Decade of Excellence Program), under the authority of
and in full compliance with the Constitution and statutes of the
state of Florida, including Chapter 132 and Chapter 166, Florida
Statutes, as amended and supplemented, the City Charter of Delray
Beach, as amended and supplemented, and other applicable provisions
of law and pursuant to a resolution (the "Resolution") duly adopted
by the City commission of Delray Beach, Florida, authorizing the
issuance of the bonds.
Reference is hereby made to the further provisions of
this bond set forth on the reverse side hereof and such further
provisions shall for all other purposes have the same effect as if
set forth on the front side hereof.
C:\DATA\DBLRA Y\MATI.3S\BONDRES.VS 19 Res. No. 91-93
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It is hereby certified and recited that all acts,
conditions and things required to exist, to happen and to be
performed precedent to and in the issuance of this bond, exist,
have happened and have been performed in regular and due form and
time as required by the laws and Constitution of the state of
Florida applicable thereto, and that the issuance of this bond and
of the bonds of the issue of which this bond is one does not
violate any constitutional or statutory debt limitation or
provision; that due provision has been made for the levy and
collection of a direct annual tax in addition to all other taxes,
upon all the taxable property within the City sufficient to pay the
principal of and interest on said bonds as the same shall mature
and become due, and that the full faith and credit of Delray Beach,
Florida, are hereby irrevocably pledged for the punctual payment of
the principal of and interest on this bond, as the same shall
become due and payable.
C:\DA TA\DELRA Y\MA TI.3S\BONDRBS,VS 20 Res. No. 91-93
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IN WITNESS WHEREOF, Delray Beach, a municipal corporation
of the State of Florida, has caused this bond to be signed by its
Mayor either manually or with his facsimile signature, and the seal
of said city or a facsimile thereof, to be affixed hereto, or
lithographed, impressed, imprinted or otherwise reproduced hereon,
attested by the City Clerk of said City, either manually or with
her facsimile signature, all as of the Oated Date.
(SEAL) CITY OP DELRAY BEACH, PLORIDA
Mayor
ATTEST:
City Clerk
(FORM OF CERTIFICATE OF REGISTRATION AND AUTHENTICATION)
This bond is one of the bonds delivered pursuant to the
within mentioned Resolution of the City Commission of Delray Beach,
Florida.
Date of
Authentication:
,
as Registrar
By:
Authorized Officer
C:\DATA\DEUtA Y\MATr.3S\BONDRBS,VS 21 Res. No. 91-93
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(Back of Bond)
(Insert Applicable Redemption Provisions]
The original registered owner, and each successive
registered owner of this bond shall be conclusively deemed to have
agreed and consented to the following terms and conditions:
( 1) The Registrar shall keep books for the registration
~ of bonds and for the registration of transfers of bonds as provided
in the Resolution. The bonds shall be transferable by the
registered owner thereof in person or by his attorney duly
authorized in writing only upon the books of the City kept by the
Registrar and only upon surrender hereof together with a written
instrument of transfer satisfactory to the Registrar duly executed
by the registered owner or his duly authorized attorney. Upon the
transfer of any such bond, the City shall issue in the name of the
transferee a new bond or bonds.
(2) The City, the Paying Agent and the Registrar shall
deem and treat the person in whose name any bond shall be
registered upon the books kept by the Registrar as the absolute
owner of such bond, whether such bond shall be overdue or not, for
the purpose of receiving payment of, or on account of, the
principal of and interest on such bond as the same becomes due, and
for all other purposes. All such payments so made to any such
registered owner or upon his order shall be valid and effectual to
satisfy and discharge the liability upon such bond to the extent of
the sum or sums so paid, and neither the City, the Paying Agent,
nor the Registrar shall be affected by any notice to the contrary.
C:\DA TA\DBLRA Y\MATr.3S\BONDRES.VS 22 Res. No. 91-93
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(3) At the option of the registered owner thereof and
upon surrender hereof at the designated corporate trust office of
the Registrar with a written instrument of transfer satisfactory to
the Registrar duly executed by the registered owner or his duly
authorized attorney and upon payment by such registered owner of
any charges which the Registrar or the City may make as provided in
the Resolution, the bonds may be exchanged for bonds of the same
series and maturity of any other authorized denominations.
(4) In all cases in which the privilege of exchanging
bonds or transferring bonds is exercised, the City shall execute
and the Registrar shall authenticate and deliver bonds in
accordance with the provisions of the Resolution. There shall be
no charge for any such exchange or transfer of bonds, but the City
or the Registrar may require payment of a sum sufficient to pay any
tax, fee or other governmental charge required to be paid with
respect to such exchange or transfer. Neither the city nor the
Registrar shall be required (a) to transfer or exchange bonds for
a period commencing on a Record Date and ending on the next ensuing
interest payment date for such bonds or 15 days next preceding any
selection of bonds to be redeemed or thereafter until after the
mailing of any notice of redemption; or (b) to transfer or exchange
any bonds called for redemption. However, if less than all of a
Bond is redeemed or defeased, the City shall execute and the
Registrar shall authenticate and deliver, upon the surrender of
such Bond, without charge to the Bondholder, for the unpaid balance
C:\DA TA\DBLRA Y\MA Tr,35\BONDRES.V5 23 Res. No. 91-93
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of the principal amount of such Bond so surrendered, a registered
Bond in the appropriate denomination.
This Bond shall not be valid or become obligatory for any
purpose . or be entitled to any security or benefit under the
Resolution until the certificate of registration and authentication
hereon shall have been signed by an authorized officer of the
Registrar.
C:\DA TA\DBLRA Y\MATI.35\BONDRES. V5 24 Res. No. 91-93
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ASSIGNMENT AND TRANSFER
FOR VALUE RECEIVED the undersigned sells, assigns and
transfers unto
(please print or typewrite name and address of transferee)
the within bond and all rights thereunder, and hereby irrevocably
constitutes and appoints
Attorney to transfer the within bond on the books kept for
registration thereof, with full power of substitution in the
premises.
Dated:
In the presence of:
C:\DATA \DELRA Y\MA TI.3S\BONDRF3, vs 25 Res. No. 91-93
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SECTION 11. APPLICATION OP BOND PROCEEDS. The accrued
interest derived from the sale of the Bonds, if any, shall be
deposited in the Interest Account, hereinafter created and
established and used for the purpose of paying the interest on the
Bonds as the same becomes due and payable.
From the proceeds of the sale of the Bonds an amount
which together with any other moneys lawfully available therefor,
if any, shall be deposi ted in one or more escrow deposit trust
funds to be held by a bank or trust company, as trustee and escrow
agent, under the terms and provisions of the Escrow Deposit
Agreement and such proceeds shall be held irrevocably in trust in
such escrow deposit trust fund(s) under the terms and provisions of
the Escrow Deposit Agreement; such moneys (except for any open cash
balances) shall be invested at the time of deposit in U. s.
Obligations, which U. s. Obligations and all investment earnings
thereon, together with such cash balances, shall provide moneys
which will be sufficient to pay the Refunded Bonds in the manner
provided in section 132.40 of the Florida statutes, the resolutions
authorizing the issuance of the Refunded Bonds and the Escrow
Deposit Agreement.
The remaining proceeds of such sale shall be deposited in
a Costs of Issuance Cost Account, hereby created and established,
to be held by the City and used for the purpose of paying any legal
expenses, expenses for fiscal agents or financial services, the
costs associated with the purchase and subsequent management of the
U. s. Obligations, expenses in connection with the performance of
C:\DATA\DELRA Y\MA Tr,3S\BONDRES.VS 26 Res. No. 91-93
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the duties of the escrow agent under the provisions of the Escrow
Deposit Agreement and such other expenses as may be necessary or
incidental and incurred by the City in connection with the issuance
of the Bonds.
The proceeds of the sale of the Bonds (other than amounts
deposited in the Escrow Deposit Agreement) shall be, and constitute
trust funds for the purposes hereinabove provided and there is
hereby created a lien upon such moneys, until so applied, in favor
of the Holders of said Bonds.
SECTION 12. SECURITY FOR THE BONDS. That in each year
while any of the Bonds are outstanding and unpaid, there shall be
levied and collected a tax on all the taxable property within the
City sufficient to pay the interest on the Bonds as it becomes due,
and to provide for the payment of the principal and redemption
premium, if any, of said Bonds at their maturity or earlier
redemption, and the City is, and shall be irrevocably and
unconditionally obligated to levy and collect such ad valorem taxes
without limitation as to rate or amount on all the taxable property
wi thin the city, sufficient in amount to pay all principal of,
redemption premium, if any, and interest on said Bonds, as the same
shall become due.
SECTION 13. COVENANTS OF THE CITY. As long as any of
the principal of or interest on any of the Bonds shall be
outstanding and unpaid, or until there shall have been set apart in
the Sinking Fund, consisting of the Interest Account and Principal
Account, herein created and established, a sum sufficient to pay,
C:\DATA\DELRA Y\MATI.3S\BONDRES.VS 27 Res. No. 91-93
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when due, the entire principal of the Bonds remaining unpaid,
together with interest accrued and to accrue thereon, or until the
provisions of section 13.D of this Resolution have been complied
with, the City covenants with the Holders of any and all of the
Bonds issued pursuant to the Resolution as follows:
A. TAX COVENANT. 1. The City covenants to comply with
each requirement of the Code, and any successor provisions thereto,
necessary to maintain the exclusion of the interest on the Bonds
from gross income for Federal income tax purposes pursuant to
section 103(a) of the Code. In furtherance of the covenant
contained in the preceding sentence, the City agrees to comply with
the provisions of the Tax certificate.
2. The city shall make any and all payments required to
be made to the united states Department of the Treasury in
connection with the Bonds pursuant to Section 148(f) of the Code
from amounts on deposit in the fund and accounts established under
this Resolution and available therefor.
3. Notwithstanding any other provision of this
Resolution to the contrary, as long as necessary in order to
maintain the exclusion of interest on the Bonds from gross income
for Federal income tax purposes, the covenants contained in this
section shall survive the payment of the Bonds, including any
payment or defeasance thereof pursuant to Section 13.D of this
Resolution.
B. AD VALOREM TAX. In each year, while any of the Bonds
are outstanding and unpaid, the City covenants that there shall be
C:\DA T A \DBLRA Y\MA Tr.3S\BOND1UlS. vs 28 Res. No. 91-93
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levied and collected a tax on all the taxable property within the
city sufficient to pay the interest on the Bonds as it becomes due,
and to provide for the payment of the principal of said Bonds and
redemption premium, if any, when due and payable, and the City is,
and shall be irrevocably and unconditionally obligated to levy and
collect such ad valorem taxes without limitation as to rate or
amount on all the taxable property within the City, sufficient in
amount to pay all principal of and redemption premium, if any, and
interest on said Bonds as the same shall become due and payable.
C. CREATION AND ESTABLISHMENT OF A SINKING FUND AND
VARIOUS ACCOUNTS AND THE DISPOSITION OF MONEYS. There are hereby
created and established the following fund and accounts:
THE "SINKING FUND"
All of the moneys raised by the City from the ad valorem
taxes on the taxable property within the City for the purpose of
paying the principal of and redemption premium, if any, and
interest on the Bonds herein authorized shall be deposited by the
City in a special fund to be known as the "Sinking Fund" which is
hereby created and established. The moneys in said Sinking Fund
shall be used solely for the payment of the principal of and
redemption premium, if any, and interest on said Bonds as the same
become due and payable and the registered owners of said Bonds
shall have a first lien on all such moneys in the Sinking Fund
until paid and applied in the manner permitted in this Resolution.
C:\DATA\DBUtA Y\MA Tr.3S\BONDRES. vs 29 Res. No. 91-93
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There are also hereby created and established two (2)
separate accounts in the Sinking Fund to be known as the "Interest
Account" and the "Principal Account."
The moneys at any time on deposit in the S inking Fund
shall be disposed of only in the following manner:
(a) Moneys shall first be used, to the full extent
necessary, for deposit into the Interest Account in the
Sinking Fund to pay interest becoming due on the Bonds on
the next semiannual interest payment date; provided,
however, that deposits for interest shall not be required
to be made into the Interest Account to the extent that
money on deposit therein is sufficient for such purpose.
(b) Moneys shall next be used, to the full extent
necessary, for deposit into the Principal Account in the
Sinking Fund to provi,.de for the required principal amount
maturing and becoming due on the next principal payment
date; provided, however, that deposits for principal
shall not be required to be made into the Principal
Account to the extent that money on deposit therein is
sufficient for such purpose.
The City shall, to the extent of any moneys in any
term Bond subaccount within the Principal Account, be
mandatorily obligated to use such moneys for the
redemption prior to maturity of term Bonds, if any, in
such manner and at such times as shall hereafter be
determined by subsequent proceedings of the Commission.
C:\DA TA \D1!1JlA Y\MA'IT ,3S\BONDRES. vs 30 Res. No. 91-93
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(c) The Sinking Fund and the accounts therein shall
constitute a trust fund of the city. The amounts
required to be accounted for in the Sinking Fund and each
of the accounts designated herein, may be deposited in a
single bank account maintained by the City provided that
adequate accounting procedures are maintained to reflect
and control the restricted allocations of the amounts on
deposit therein for the various purposes of such fund and
accounts as herein provided. The designation and
establishment of a fund and accounts in and by this
Resolution shall not be construed to require the
establishment of any completely independent fund and
accounts but rather is intended solely to constitute an
allocation of moneys collected by the imposition of ad
valorem taxes.
Moneys on deposit in the Sinking Fund may be
invested in U. S. Obligations or any other Permitted
Investments (provided that Permitted Investments other
than u. S. obligations shall be fully collateralized with
U. S. obligations) maturing not later than such date or
dates as the City shall determine.
All income and earnings received from the investment and
reinvestment of moneys on deposit in the Principal Account and
Interest Account in the Sinking Fund shall be retained therein and
shall be a credit against deposits required by this Resolution.
C:\DA TA\DP.l.RA Y\MA 'IT,3S\BONDRES.VS 31 Res. No. 91-93
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D. DISCHARGE AND SATISFACTION OF BONDS. The covenants,
liens and pledges entered into, created or imposed pursuant to this
Resolution may be fully discharged and satisfied with respect to
the Bonds in anyone or more of the following ways:
(a) by paying the principal of and interest on
Bonds when the same shall become due and payable; or
(b) by depositing in the Interest Account and
Principal Account, or in such other accounts which are
irrevocably pledged to the payment of the Bonds, as the
City may hereafter create and establish by resolution,
certain moneys, which together with other moneys lawfully
available therefor, shall be sufficient at the time of
such deposit to pay the Bonds, the interest thereon and
the redemption premium, if any, as the same become due on
said Bonds on the maturity or earlier redemption date
thereof; or
(c) by depositing in the Interest Account and
Principal Account or such other accounts which are
irrevocably pledged to the payment of the Bonds as the
City may hereafter create and establish by resolution,
moneys which together with other moneys lawfully
available therefor when invested in Defeasance
Obligations will provide moneys which shall be sufficient
to pay the Bonds, the interest thereon and the redemption
premium, if any, as the same shall become due on said
C:\DATA\DBLRA Y\MATI.35\BONDRES.V5 32 Res. No. 91-93
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Bonds on or prior to the maturity or earlier redemption
date thereof.
(d) Notwi thstanding the foregoing all references to
the discharge and satisfaction of Bonds shall include the
discharge and satisfaction of any issue of Bonds, any
portion of an issue of Bonds, any maturity or maturities
of an issue of Bonds, any portion of a maturity of an
issue of Bonds or any combination thereof.
(e) If any portion of the moneys deposited for the
payment of the principal of and redemption premium, if
any, and interest on any portion of Bonds is not required
for such purpose, the City may use the amount of such
excess free and clear of any trust, lien, security
interest, pledge or assignment securing said Bonds or
otherwise existing under this Resolution.
Upon such payment or deposit in the amount and manner
provided in this section 13.D, the Bonds shall no longer be deemed
to be outstanding for the purposes of the Resolution, and all
liability of the City with respect to the Bonds shall cease,
terminate and be completely discharged and extinguished, and the
Holders thereof shall be entitled for payment solely out of the
moneys or securities so deposited.
Notwithstanding the foregoing, in the event that the
payment or deposit in the amount and manner provided in this
Resolution has been made by the Bond Insurer, if any, under the
terms of a Bond Insurance POlicy, the Bond Insurer shall be
C:\DA TA\DBLRA Y\MATI .3S\BONDRES. vs 33 Res. No. 91-93
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subrogated to the rights of the Holders of the Bonds, and the
liability of the city, with respect thereto, shall not be
discharged or extinguished.
Notwithstanding any provisions contained in this
section 13.0 to the contrary, the City may, with an opinion of
nationally recognized bond counsel, purchase such Bonds that have
been deemed discharged and satisfied within the meaning of this
section 13.D and thereby be permitted to use such excess moneys,
resulting from such purchase, free and clear of any trust, lien,
security interest, pledge or assignment securing said Bonds.
SECTXOH 14. REDEMPTXOH OP REPUNDED BONDS AUTBORXZED.
That there is hereby approved and authorized the redemption of the
Refunded Bonds maturing February 1 in the years 2001 through 2010,
inclusive, in the manner provided in Section 132.40 of the Florida
Statutes and the resolutions authorizing the issuance of the
Refunded Bonds.
SECTXOH 15. XRREVOCABLE XHSTRUCTXOHS TO ESCROW AGENT.
That the City irrevocably instructs the escrow agent, to be
determined by subsequent resolution of the City, to mail in the
name of the City, postage prepaid, not less than thirty days prior
to the redemption date, to all registered owners of the Refunded
Bonds to be redeemed at their addresses as they appear on the
registration books of the City, a notice of redemption of the bonds
in SUbstantially the form set forth below:
C:\DA TA \D1!UtA Y\MA'IT .35\BONDIU!8. V5 34 Res. No. 91-93
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NOTICE OF REDEMPTION
TO THE HOLDERS OF
CITY OF DELRAY BEACH, FLORIDA,
GENERAL OBLIGATION BONDS, SERIES 1990
(Decade of Excellence Program)
Pursuant to a resolution adopted by Delray Beach,
Florida, on December 12, 1989, as amended and supplemented, notice
is hereby given to the owners of the outstanding General Obligation
Bonds, Series 1990 (Decade of Excellence Program) , maturing
February 1, 2001, through February 1, 2010, inclusive, that said
bonds issued in the aggregate principal amount of $ will
be called for redemption prior to maturity as of February 1, 2000.
The redemption price equal to the par value of such outstanding
bonds, plus a redemption premium equal to 2% of such par value, and
accrued interest on such bonds shall become due and payable on
February 1, 2000, from which time interest on such bonds shall
cease to accrue and be payable.
owners of such bonds will receive payment of the
redemption price and accrued interest to which they are entitled
upon presentation and surrender thereof at the principal offices of
[ ] .
Dated this _ day of , 19
CITY OF DELRAY BEACH, FLORIDA
By:
as Escrow Agent
C:\DATA\DELRA Y\MATT,35\BONDRES. vs 35 Res. No. 91-93
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S EC'l'I ON 16. CITY ELECTION TO REFUHD REFUHDED BONDS.
That, pursuant to the terms of this Resolution, the ci ty hereby
elects to refund the Refunded Bonds through the issuance of the
Bonds.
SECTION 17. COMPLIANCE WITH ACT. The City has
determined that the maximum principal amount of the Bonds does not
exceed the limit imposed by Section 132.35 of the Florida Statutes.
SECTION 18. FINANCIAL PLAN FOR REFUHDING REFUHDED BONDS.
That the plan of retiring the Refunded Bonds shall be effectuated
by depositing in trust with the escrow agent a portion of the
proceeds derived from the sale of the Bonds, together with other
legally available moneys, if any, which will be applied by the
escrow agent (except for any beginning cash balances) to the
purchase of U. S. Obligations. Such proceeds shall be in an amount
sufficient to purchase U. S. Obligations which, with income and
earnings derived therefrom, will be sufficient to pay the principal
and interest on the Refunded Bonds and the redemption price plus
accrued interest on such outstanding Refunded Bonds on February 1,
2000.
As a result of such financial plan, the City anticipates
that the refunding of the Refunded Bonds will result in a present
value debt service savings, calculated in accordance with Section
132.35(2) of the Florida statutes, of at least $300,000.
That, in accordance with Section 132.36 of the Florida
statutes, the Bonds, when issued, will bear a lower net average
interest cost rate than that borne by the Refunded Bonds.
C:\DATA\DI!LRA Y\MATI,35\BONDRES.V5 36 Res. No. 91-93
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SECTION 19. KODIJ"ICATION OR AKEHDKEHT . Except as
otherwise provided in the second paragraph hereof, no material
modification or amendment of this ReSOlution, or of any resolution
amendatory thereof or supplemental thereto, may be made without the
consent in writing of the Holders of two-thirds or more in
principal amount of the Bonds then outstanding; provided, however,
that no modification or amendment shall permit a change in the
maturity of such Bonds or a reduction in the rate of interest
thereon, or affecting the unconditional promise of the City to
levy, assess and collect an ad valorem tax without limitation as to
rate or amount upon all taxable property in the City or to pay the
interest of and principal on the Bonds, as the same mature or
become due, from said ad valorem tax, or reduce the percentage of
Holders of Bonds required above for such modification or
amendments, without the consent of the Holders of all the Bonds.
This Resolution may be amended, changed, modified and
altered without the consent of the Holders of Bonds, (i) to cure
any ambiguity, correct or supplement any provision contained herein
which may be defective or inconsistent with any other provisions
contained herein, (ii) to implement a book-entry system of
registration, or (iii) to provide other changes which will not
adversely affect the interest of such Holders of Bonds.
For purposes of this Section 19, to the extent the Bonds
are insured by a Bond Insurance Policy and such Bonds are then
rated in as high a rating category in which such Bonds were rated
at the time of initial issuance and delivery thereof, by both
C:\DATA\DELRA Y\MATI,3S\BONDRES.V.5 37 Res. No. 91-93
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Standard & Poor's Corporation and Moody's Investors Service, Inc.,
then the consent of the Bond Insurer may constitute the consent of
the Holders of the Bonds, provided such Bond Insurer agrees to give
consent under such circumstances and is not in default under the
Bond Insurance Policy.
SECTXON 20. SEVERABXLXTY O~ XNVALXD PROVXSIONS. If any
one or more of the covenants, agreements or provisions of this
Resolution should be held contrary to any express provision of law
or contrary to the policy of express law, though not expressly
prohibited, or against public policy, or shall for any reason
whatsoever be held invalid, then such covenants, agreements or
provisions shall be null and void and shall be deemed separate from
the remaining covenants, agreements or provisions, and shall in no
way affect the validity of any of the other provisions of the
Resolution or of the Bonds or coupons issued hereunder.
SECTXON 21. SALE O~ BONDS. The Bonds shall be issued
and sold at one time or from time to time, in such manner and at
such price or prices consistent with the provisions of the Act and
the requirements of the Commission as shall hereafter be determined
by subsequent proceedings.
SECTXON 22. REHEDXES. Any Bondholder, to the full
extent permitted by the laws of the state of Florida or the United
states of America, may sue to protect and enforce any and all legal
rights; to seek the appointment of a receiver, and to enforce and
compel the performance of all duties required by this Resolution.
C:\DA TA \DP.LRA Y\MA TT .3S\BONDIUlS. vs 38 Res. No. 91-93
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SECT:IOH 23. EI'I'ECT:IVB DATB. This Resolution shall take
effect upon the passaqe in the manner provided by law.
Passed and adopted in regular session this 28th day of
September, 1993.
C:ITY 01' DELRAY BEACH, I'LOR:IDA
(SEAL)
By:
Mayor
ATTEST:
City Clerk
C:\DATA\DEUlA Y\MATr,35\BONDRES.VS 39 Res. No. 91-93
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERtti
SUBJECT: AGENDA ITEM ~ /0 It - MEETING OF SEPTEMBER 28, 1993
RESOLUTION NO. 92-93
DATE: September 24, 1993
This is a resolution to levy a tax on all properties within the City
of Delray Beach, for maintenance and operation, and to levy a tax for
the payment of principal and interest on bonded indebtedness and to
allocate and appropriate said collections thereunder.
Recommend approval of Resolution No. 92-93.
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RESOLUTION NO. 92-93
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, TO LEVY A TAX ON ALL
PROPERTIES WITHIN THE CITY OF DELRAY BEACH, FLORIDA,
FOR MAINTENANCE AND OPERATION, AND TO LEVY A TAX FOR
THE PAYMENT OF PRINCIPAL AND INTEREST ON BONDED
INDEBTEDNESS, AND TO ALLOCATE AND APPROPRIATE SAID
COLLECTIONS THEREUNDER.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DEL RAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That there shall be and hereby is appropriated
for the General Fund operations of the City revenue derived from the
tax of $6.86 per one thousand dollars ($1,000.00) of assessed
valuat~on which is hereby levied on all taxable property within the
City of Delray Beach for the fiscal year commencing October 1, 1993,
and ending September 30, 1994; the assessed valuation on all taxable
property for operating purposes within the City of De1ray Beach being
$2,461,544,953; for operating and for maintenance expenses of the
General Fund, and also in addition, all revenues derived by said City
during said fiscal year from all other sources other than the tax levy
for current bond service and that part of collection of delinquent
taxes levied for bond service. The operating millage rate of $6.86
per one thousand dollars ($1,000.00) exceeds the roll back rate of
I $6.31 per one thousand dollars ($1,000.00) by 8.7%.
Section 2. That the amount of money necessary to be raised
for interest charges and bond redemption which constitutes a general
I obligation bonded indebtedness of the City of Delray Beach is
$2,668,520 and that there is hereby appropriated for the payment
thereof, all revenues derived from the tax levy of $1.14 per one
thousand dollars ($1,000.00) of assessed valuation, which is hereby
levied for that purpose for the fiscal year commencing October 1 ,
1993, and ending September 30, 1994, upon the taxable property of the
City of Delray Beach, the assessed valuation being $2,461,544,953.
Section 3. That the above millage rates are adopted subject
to adjustment in accordance with Section 200.065(5) of the Florida
Statutes which provides that each affected taxing authority may adjust
its adopted millage rate if the taxable value within the jurisdiction
of the taxing authority as certified pursuant to Section 200.065(1) is
at variance by more than one percent (1%) with the taxable value shown
on the roll to be extended.
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Section 4. That a public hearing was held on the proposed
budget on September 14, 1993, and on September 28, 1993.
PASSED AND ADOPTED in regular session on this the 28th day
of September, 1993.
MAYOR
ATTEST:
City Clerk
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- 2 - Re s. No. 92-93
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # / 0 B - MEETING OF SEPTEMBER 28. 1993
RESOLUTION NO. 93-93
DATE: September 24, 1993
This is a resolution to levy a tax on all properties within the
Downtown Development Taxing District of the City of Delray Beach,
Florida, for the purpose of maintenance and operation, and to
appropriate said collections thereunder to the Downtown Development
Authority.
Recommend approval of Resolution No. 93-93.
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I RESOLUTION NO. 93-93
I
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
I DELRAY BEACH, FLORIDA, TO LEVY A TAX ON ALL
I PROPERTIES WITHIN THE DOWNTOWN DEVELOPMENT AUTHORITY
I TAXING DISTRICT OF THE CITY OF DELRAY BEACH, FLORIDA,
I FOR MAINTENANCE AND OPERATION, AND TO APPROPRIATE
SAID COLLECTIONS THEREUNDER.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That there shall be and hereby is appropriated
for the purpose of financing the operation of the Downtown Development
Authority Taxing District, through the General Fund operations of the
City, revenue derived from the tax of $1.00 per orie thousand dollars
($1,000.00) 'of assessed valuation which is hereby levied on all
taxable property within the Downtown Development Authority Taxing
District of the City of Delray Beach for the fiscal year commencing
October 1, 1993, and ending September 30, 1994; the assessed valuation
on all taxable property for operating purposes within the Downtown
Development Authority Taxing District of the City of Delray Beach
being $32,050,699; for operating and for maintenance expenses of the
Downtown Development Authority Taxing District, and also in addition,
all revenues derived by said Taxing District during said fiscal year
from all other sources other than the tax levy for current bond
service and that part of collection of delinquent taxes levied for
bond service. The operating millage rate of $1.00 per one thousand
dollars ($1,000.00) exceeds the roll back rate of $0.95 per one
thousand dollars ($1,000.00) by 5.26%.
; Section 2. That the above millage rate is adopted pursuant
I to Florida Statutes Section 200.065(2) (e) (2), and subject to
adjustment in accordance with Section 200.065(5) of the Florida
I Statutes which provides that each affected taxing authority may adjust
its adopted millage rate if the taxable value within the jurisdiction
I of the taxing authority as certified pursuant to Section 200.065(1) is
I at variance by more than one percent (1%) with the taxable value shown
I on the roll to be extended.
Section 3. That a public hearing was held on the
I proposed
I
I budget on September 14, 1993, and on September 28, 1993.
PASSED AND. ADOPTED in regular session on this the 28th day
of September, 1993.
.
MAY 0 R
ATTEST:
City Clerk
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERt'1u(
SUBJECT: AGENDA ITEM # /0 c.. - MEETING OF SEPTEMBER 28. 1993
RESOLUTION NO. 94-93
DATE: September 24, 1993
This is a resolution making appropriations of sums of money for all
necessary expenditures of the City of Delray Beach, Florida, for the
period from the 1st day of October 1993, to the 30th day of September
1994i to prescribe the terms, conditions and provisions with respect
to the items of appropriation and their paymenti and to repeal all
resolutions and ordinances wholly in conflict with this resolution and
all resolutions and ordinances inconsistent with this resolution to
the extent of such inconsistency.
Staff will make a brief presentation to open the public hearing for
this item.
Recommend approval of Resolution No. 94-93.
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BUDGET SUMMARY
EXHIBIT A
SPECIAL INTERNAL
GENERAL ENTERPRISE REVENUE SERVICE
FUND FUNDS FUNDS FUNDS TOTAL
CASH BALANCES BROUGHT FORWARD 0 1,264,520 3~.7~O 0 1.297.:240
ESTIMATED REVENUES:
TAXES Millages
AD VALOREM TAXES 686 16,039,080 16,039,080
AD VALOREM TAXES 1 14 2,668,650 2,668,650
AD VALOREM-DELINQUENT 150,000 150,000
AD VALOREM - OOA 100 30.450 30.450
Sales & Use Taxes 1,280,000 1280,000
Franchise Taxes 2,512,120 2,512,120
Utility Taxes 4,319,000 4,319,000
licenses & Permits 1,388,010 1388010
Intergovernmental 4,162,900 1070320 6,118,175 1 1.351.395
Charges for Services 2,160,250 22,063,690 24,223,940
Fines & Forfeitures 283,500 123,690 407,190
Miscellaneous Revenues 2,146,210 387,300 9,500 70,000 2,613,010
Other FinanCing Sources 2.498,810 50,000 718,950 3,267,760
TOT AL REVENUES AND OTHER
FINANCING SOURCES 39,638,980 22,500,990 1.922,460 6,188,175 70,250,605
TOTAL ESTIMATED REVENUES
AND BALANCES 39,638,980 ;'.1,?!)')') 1 0 1,95'),180 6,188,175 71,547,845
EXPENDITURES/EXPENSES:
General Government Services 5,160,100 5,160,100
Public Safety 21,437,020 129,910 21,566,930
Physical EnVironment 270,130 14,154,070 14,424,200
Transportation 1 .236,460 1,236,460
Economic EnVironment 495,070 1,258,250 1.753,320
Human Services 184,470 184,470
Culture & Recreation 5,220,740 1,727,283 266,570 7,214,593
Intergovernmental Service 76,850 6,151,790 6,228,640
Debt Service 4,464,190 4,371,620 8,835,810
Other Financing Uses 1,093,950 3,281,600 300.450 4,676,000
TOTAL EXPENDITURES/EXPENSES 39,638,980 23,534,573 1~55,180 6,151,790 71,280,523
Reserves 0 230,937 0 36,385 267.322
TOTAL EXPENDITURES AND RESERVES 39,638,980 23.765,510 1,955.180 6,188,175 71,547,845
~a~ ~
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RESOLUTION NO~ 94-93
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, MAKING APPROPRIATIONS OF SUMS
OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY
OF DELRAY BEACH, FLORIDA, FOR THE PERIOD FROM THE 1ST
DAY OF OCTOBER, 1993, TO THE 30TH DAY OF SEPTEMBER,
1994; TO PRESCRIBE THE TERMS, CONDITIONS ANb
PROVISIONS WITH RESPECT TO THE ITEMS OF
APPROPRIATIONS.AND THEIR PAYMENT; AND TO REPEAL ALL
RESOLUTIONS AND ORDINANCES WHOLLY IN CONFLICT WITH
THIS RESOLUTION AND ALL RESOLUTIONS AND ORDINANCES
INCONSISTENT WITH THIS RESOLUTION TO THE EXTENT OF
SUCH INCONSISTENCY.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the following sums of money, attached
hereto and marked Exhibit "A", are hereby appropriated upon the terms
and conditions herein set forth.
Section 2. That, subject to the qualifications contained in
this resolution, all appropriations made out of the General Fund are
declared to be maximum, conditional and proportionate appropriations,
the purpose being to make the appropriations payable in full in the
amounts herein named if necessary and then only in the event the
aggregate revenues collected and other resources available during the
period commencing the 1st day of October, 1993, and ending the 30th
day of September, 1994, for which the appropriations are made, are
sufficient to .pay all the appropriations in full. Otherwise, said
appropriations shall be deemed to be payable in such proportion as the
total sum of realized revenue of the General Fund is to the total
amount of revenues estimated by the City Commission to be available in
the period commencing the 1st day of October, 1993, and ending the
30th day of September, 1994.
Section 3. That all balances of the appropriations payable
out of the General Fund of the City Treasury unencumbered at the close
of business on the 30th day of September, 1993, except as otherwise
provided for, are hereby declared to be lapsed into the City Treasury
and may be used for the payment of the appropriations which may be
made in any appropriation for the fiscal year commencing the 1st day
of October, 1993, provided, however, nothing in this section shall be
construed to be applicable to unencumbered balances remaining to the
credit of the Water and Sewer Fund, Sanitation Fund or any Fund
created by the setting up of special revenue, but such balances shall
be used in financing the proposed expenditures of these Funds for the
fiscal year commencing the 1st day of October, 1993.
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Section 4. That no department, bureau, agency or individual
receiving appropriations under the provisions of this resolution shall
I exceed the amount of its appropriation, except with the consent and
approval of the City Commission first obtained; and if such
department, bureau, agency or individual shall exceed the amount of
its appropriation without such consent and approval of the City
Commission, the administrative officer or individual, in the
discretion of the City Commission, may be deemed guilty of neglect of
official duty and may be subject to removal therefor.
Section 5. That nothing in this resolution shall be
construed as authorizing any reduction to be made in the amounts
appropriated in this resolution for the payment of interest on, or
retirement of, the debt of the City of Delray Beach, Florida.
Section 6. That none of the monies enumerated in this
resolution in connection with the General Fund, Water and Sewer Fund,
Sanitation Fund or any other Fund of the city shall be expended for
any purposes other than those for which they are appropriated, and it
shall be the duty of the Budget Administrator and/or Finance Director
to report known violations of this section to the City Manager.
Section 7. That all monies collected by any department,
bureau, agency or individual of the City government shall be paid
promptly into the City treasury.
Section 8. That the foregoing budget is hereby adopted as
the official budget of the City of Delray Beach, Florida, for the
aforesaid period. However, the restrictions with respect to the
expenditures/expenses of the funds appropriated shall apply only to
the lump sum amounts for classes of expenditures/expenses which have
been included in this resolution.
Section 9. That this resolution shall be effective on
I October 1, 1993.
PASSED AND ADOPTED in regular session on this the 28th day
I of September, 1993.
I
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I
I
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MAYOR
ATTEST:
City Clerk
I - 2 - Res. No. 94-93
"
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BUDGET SUMMARY
EXHIBIT A
SPECIAL INTERNAL
GENERAL ENTERPRISE REVENUE SERVICE
FUND FUNDS FUNDS FUNDS TOTAL
CASH BALANCES BROUGHT FORWARD 0 1,264,520 2,720 0 1,267,240
ESTIMATED REVENUES:
TAXES Millages
AD VALOREM TAXES 686 16,039,080 16,039,080
AD VALOREM TAXES 114 2,668,650 2,668,650
AD VALOREM-DELINQUENT 150,000 150,000
AD VALOREM - DDA 100 30.450 30.450
Sales & Use Taxes 1,280,000 1,280,000
Franchise Taxes 2,512,120 2,512,120
Utility Taxes 4,319,000 4,319,000
Licenses & Permits 1 ,388.D1 0 1,388,010
Intergovernmental 4,162,900 1,070,320 6,118,175 11,351,395
Charges for Services 2,160,250 22,063,690 24,223,940
Fines & Forfeitures 283,500 123,690 407,190
Miscellaneous Revenues 2,146,210 387,300 9,500 70,000 2,613,010
Other Financing Sources 2.498,810 50,000 748,950 3,297,760
TOTAL REVENUES AND OTHER
FINANCING SOURCES 39,638,980 22,500,990 1,952.460 6,188,175 70,280,605
TOTAL ESTIMATED REVENUES
AND BALANCES 39,638,980 23,765,510 1,955,180 6,188,175 71,547,845
EXPENDITURES/EXPENSES;
General Government Services 5.163,100 5,163,100
Public Safety 21.437,020 129,910 21,566,930
Physical Environment 270,130 14,154,070 14.424,200
Transportation 1,236.460 1 ,236.460
Economic Environment 495,070 1,258,250 1 .753,320
Human Services 184,470 184,470
Culture & Recreation 5,212.140 1,727,283 266,570 7,206,593
Intergovernmental Service 76,8S0 6,151,790 6,228,640
Debt Service 4,464,190 4,371,620 8,835,810
Other Financing Uses 1,098,950 3,281,600 300,450 4,681,000
TOTAL EXPENDITURES/EXPENSES 39,638,980 23,534,573 1,955,180 6,151,790 71,280,523
Reserves 0 230,937 0 36,385 267,322
TOTAL EXPENDITURES AND RESERVES 39,638,980 23,765,510 1,955,180 6,188,175 71,547,845
'.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # lO c. .1 - MEETING OF SEPTEMBER 28. 1993
FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM FOR FYS 1993/94
THROUGH 1997/98
DATE: September 24, 1993
This item is before you to approve the Five-Year Capital Improvement
Program for Fiscal Years 1993/94 through 1997/98. This would replace
pages 277-281 of the proposed Budget for FY 1993/94 and bring the
budget into comformi ty with the Comprehensive Plan. In the General
Capital Improvement Fund we have added $25,000 to begin development of
the Leon Weeks Scrub Trail Park.
Recommend approval of the Five-Year Capital Improvement Program for
Fiscal Years 1993/94 through 1997/98.
'I
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Agenda Item No. :
AGENDA REQUEST q /~3Iq3
Date:
Request to be placed on:
y Regular Agenda q/~glq3
Special Agenda
Workshop Agenda When:
, I
V
(Example: Request from Atlantic High School for $2,000 to fund
project graduation).
ORDINANCE/ RESOLUTION REQUIRED: YES~ Draft Attached: YES/NO
Recommendation:
(Example: Recommend approval with funding from Special Events Account
No. 001-3333-555-44.55).
Department Head Signature:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all iteas involvinq expenditure
of funds):
Funding available: YES/ NO
Funding alternatives: rJf (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for agenda: @; NO~
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action: Approved/Disapproved
"
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~~TY MANAGER
SUBJECT: AGENDA ITEM # it D - MEETING OF SEPTEMBER 28. 1993
ORDINANCE NO. 52-93
DATE: September 24, 1993
This is an ordinance adopting Comprehensive Plan Amendment 93-1. At
the September 14th regular meeting, Mr. Ellingsworth noted an
inconsistency in the master plan with respect to the Leon Weekes Scrub
project. He did not feel he could support Plan Amendment 93-1
unless it contained an item for that particular project. He also
requested that the Leon Weekes Scrub project be kept in the 1994-95
Capital Improvements program.
Final action on Ordinance No. 52-93 was deferred in order to address
the comments made on second reading and to make the ordinance
effective concurrently with the adoption of the FY 1993/94 budget.
Recommend approval of Ordinance No. 52-93.
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ORDINANCE NO. 52-93
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, ADOPTING COMPREHENSIVE PLAN
AMENDMENT 93-1 PURSUANT TO THE PROVISIONS OF THE
"LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND
DEVELOPMENT REGULATION ACT", FLORIDA STATUTES
SECTIONS 163.3161 THROUGH 163.3243, INCLUSIVE; ALL AS
MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ENTITLED
"COMPREHENSIVE PLAN AMENDMENT 93-1" AND INCORPORATED
HEREIN BY REFERENCE; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the City of Delray Beach exercised the authority
granted pursuant to the provisions of Florida Statutes Sections
163.3161 through 163.3243, known as the "Local Government
Comprehensive Planning and Land Development Regulation Act; and
WHEREAS, via Ordinance No. 82-89 the City Commission adopted
the document entitled "Comprehensive Plan - Delray Beach, Florida";
and
WHEREAS, the Planning and Zoning Board, as Local Planning
Agency, did prepare an amendment to the Comprehensive Plan entitled
"Comprehensive Plan Amendment 93-1"; and
WHEREAS, the Planning and Zoning Board, as Local Planning
Agency, following due public notice, held a public hearing on March
15, 1993, in accordance with the requirements of the "Local Government
Comprehensive Planning and Land Development Regulation Act"; and
WHEREAS, after the above referenced public hearing, the
Planning and Zoning Board, as Local Planning Agency, recommended to
the City Commission that the proposed Comprehensive Plan Amendment
93-1 be adopted; and
WHEREAS, proposed Comprehensive Plan Amendment 93-1 was
submitted to and reviewed by the City Commission; and
WHEREAS, following due public notice, the first of two
required public hearings on Comprehensive Plan Amendment 93-1 was held
by the City Commission on March 23, 1993, at which time it was
authorized to be transmitted to the Department of Community Affairs
for required review; and
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WHEREAS, a report of Objections, Recommendations and
Comments has been received from the State Department of Community
Affairs and said report has been reviewed by the Planning and Zoning
Board, as Local Planning Agency, and is the basis for modifications to
the proposed Comprehensive plan Amendment 93-1; and
WHEREAS, following due public notice, the second of two
required public hearings on Comprehensive Plan Amendment 93-1 was held
on September 14, 1993, in accordance with statutory requirements.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
: Section 1. That the City Commission of the City of Delray
I Beach, Florida, hereby declares its intent to exercise the authority
granted pursuant to the provisions of Florida Statutes Sections
163.3161 through 163.3243, inclusive, known as the "Local Government
Planning and Land Development Regulation Act".
Section 2. That in implementation of its declared intent as
set forth in Section 1 of this ordinance, there is hereby adopted the
document entitled "Comprehensive Plan Amendment 93-1", which is
attached hereto as Exhibit "A" and incorporated herein by reference.
Section 3. That the document entitled "Comprehensive. Plan -
Delray Beach, Florida" is hereby amended pursuant to the document
entitled "Comprehensive Plan Amendment 93-1".
Section 4. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 5. That all ordinances or parts of ordinances which
are in conflict herewith are hereby repealed.
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, Section 6. That this ordinance shall become effective upon
the City's receipt of Notice of Compliance from the State Department
of Community Affairs, pursuant to Florida Statutes Section 163.3184.
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PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1993.
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
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- 3 - Ord. No. 52-93
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # 10 ~ - MEETING OF SEPTEMBER 28. 1993
ORDINANCE NO. 55-93
DATE: September 24, 1993
This is the second reading of an ordinance amending Chapter 52,
"Water", of the Code of Ordinances to provide for miscellaneous text
revisions, increasing water deposits for tenants, changing water rate
structure to an inverted block schedule, and adding fees for various
services.
The most significant aspect of this ordinance is the change in an
inverted block rate structure. A consumer who uses greater quantities
of water will pay a greater amount per unit (1,000). Consumers who
use less than 4,000 gallons of water per month will experience a 10%
reduction in their commodity charge. Commodity charges for
residential, non-residential and irrigation range from $.99 (zero to
3,000 gallons) to $1.53 (over 50,000 gallons).
Also included is a clause which provides for an emergency rate
adjustment for water conservation. During periods of mandated water
restrictions by the South Florida Water Management District, an
automatic surcharge shall be added to the commodity charges for all
water used in excess of 7,000 gallons by anyone customer in anyone
month. This surcharge ranges from 15% to 60%.
Additional fee structures are also included for meter rereads,
removal of service lines, reinstallation of service line, and
damage/destruction of equipment and meters.
We have received additional information from the South Florida Water
Management District. A special zone could be created for areas where
salt content is too high for shallow well irrigation. However, staff
does not recommend the creation of such zone. If the Commission
wishes, however, a zone could be created with a different rate
structure.
At the September 14th regular meeting, Ordinance No. 55-93 passed on
first reading by a 5-0 vote.
Recommend approval of Ordinance No. 55-93 on second and final
reading.
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MEMORANDUM
TO: Joseph Safford, Director of Finance
FROM: Jan Williams, Utility Billing Manager
DATE: August 27, 1993
SUBJECT: WATER ORDINANCE REVISIONS/SUM\AARY
Following is a summary of changes to the water ordinance to be effective
on October 1 , 1993:
Section 52.02. Language was added to specify the period of time considered
to be temporary for impermanent turn-ofts of water service; 12 months.
Section 52.15. Schedule was added indicating minimum meter size requi"emen1s
for commercial water customers based on estimated monthly flow.
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Section 52.31. Language is revised to more clearly define equivalent t'
residential unit (ERC) and to assign a factor to each meter size that is used
to calculate connection charges for commercial water customers.
Section 52.33. Deposits for water service are revised so that tenants pay a
greater amount than owners of residential property. We presently have no
enforcement provisions for tenants; owners can be Iiened for unpaid utility bills.
Commercial and iTigation deposits are also increased so that outstanding
bills are better covered at account termination.
Section 52.34. Water commodity charges have been modified to an inverted
block rate structure. That is, consumers who use geater quantities of water
will pay a greater amount per unit (1 ,000 gallons). Customers who use less
than 4,000 gallons of water per month will have a reduction (10%) of their
commodity charge; $.99 per 1 ,000 gallons. Customer and capacity charges will
remain unchanged. This is a conservation rate structure preliminarily approved
by the South Florida Water Management Dis1rict.
Language is added indicating that when there is a water emergency or water
restrictions imposed by the South Florida Water Management District, there
will be immediate surcharges added to the commodity rates at the same
percentage as requi-ed flow res1riction.
Language is added clarifying the billing cycle and partial billings.
Section 52.39. Additional fees are added to adequately recover the costs
of providing various services. Fees will begin being charged for Meter
Rereads, Removal of Service Lines, Reinstallation of Service Lines, and
Damage and/or Des1ruction to City Equipment and Meters.
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MEMORANDUM
TO:
FROM: CE DlRECTOR
DATE: SEPTEMBER 21. 1993
SUBJECT: QUESTIONS POSED AT 9/14/93 COMMISSION MEETING
TIlERE WERE TWO (2) QUESTIONS REQUIRING FURTIlER RESEARCH TIlA T WERE POSED AT
TIlE COMIvtISSION PUBLIC HEARINGS ON TIlE WATER RATE ORDINANCE. THIS
MEMORANDUM WILL PROVIDE RESPONSES TO TIlOSE QUESTIONS.
(1) COMPARISON OF DELRAY BEACH RATES TO FT. LAUDERDALE WATER RATES.
DELRA Y BEACH PROPOSED RATES
CUSTOMER CHARGE 1.55
CAP ACITY CHARGE 7.62
COMIvtODITY CHARGE ,99 OM- 3M
1.09 4M-12M
1.20 13M-20M
1.33 21 M-40M
1.42 41 M-50M
1.53 5 1M-HIGHER
FT. LAUDERDALE RATES
BASE RATE 6.65
COMIvtODITY CHARGE .79 OM- 3M
1.26 4M-HIGHER
COMPARISON DELRA Y BEACH FT. LAUDERDALE
5,000 GALLONS 14,32 12.95
10.000 GALLONS 19,77 19,25
15,000 GALLONS 25.55 25.55
(2) OUESTION OF SPECIAL ZONES ALLOWED BY SOUTH FLORIDA WATER
MANAGEMENT
. CITY CAN DO ANYTHING TIlEY CARE TO REGARDING SPECIAL ZONES
. SFWMD DOES NOT UNDERSTAND HOW CITY CAN LEGALLY PROHIBIT
RESIDENTS FROM DRILLING WELLS ANYWHERE
. NEIGHBORING CITIES ALLOW WELLS EAST OF INTRACOASTAL
TIlE CITY DOES NOT PROHIBIT TIlE DRILLING OF WELLS
TIlE CITY PROHffiITS SEPARATE VEGETATION METERS FOR SINGLE FAMILY
IN TIllS ZONE
TIlE CITY CAPPED TIlE SEWER AT 12,000 TO ALLOW FOR TIllS PROBLEM
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I ORDINANCE NO. 55-93
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING CHAPTER 52, "WATER", OF THE CODE
OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY
AMENDING SECTION 52.02, "DISCONTINUING SERVICE AT REQUEST
OF CUSTOMER", TO CLARIFY THE TERM "TEMPORARY"; BY AMENDING
SECTION 52.15, "MINIMUM SIZE OF METERS" , TO SEPARATELY
SPECIFY METER SIZES REQUIRED AT PLACES OF BUSINESS AND TO
REDESIGNATE THIS SECTION; BY AMENDING SECTION 52.31,
"CONNECTION CHARGES", SUBSECTION (Ab TO CLARIFY WHEN A
WATER CONNECTION I S CHARGED; BY AMENDING SECTION 52.33,
"DEPOSIT TO GUARANTEE PAYMENT", TO PROVIDE FOR AN INCREASE
IN DEPOSITS; BY AMENDING SECTION 52.34, "WATER RATES" ,
SUBSECTION (B) , "MONTHLY RATES" , TO PROVIDE FOR AN
INCREASE IN COMMODITY CHARGES BY METERED CONSUMPTION, BY
ENACTING A NEW SUBSECTION (C), "EMERGENCY RATE ADJUSTMENT
FOR WATER CONSERVATION", TO PROVIDE FOR A SURCHARGE DURING
PERIODS OF MANDATED WATER RESTRICTIONS, BY REDESIGNATING
SUBSECT-IONS (C) AND (0 ) TO (D) AND (E) ; BY AMENDING
SECTION 52.36, "CHARGE FOR EACH TIME WATER IS TURNED 0.",
TO ADD AN EXCEPTION; BY REDESIGNATING SECTION 52.37,
"TEMPORARY USE; TAPPING CHARGES AND DEPOSIT", AS SECTION
52.38; BY REDESIGNATING 52.38, "SERVICE CHARGE FOR AFTER
HOUR CALLS", AS SECTION 52.37 AND AMENDING IT TO ADD THE
WORDS "IF APPLICABLE"; BY AMENDING SECTION 52.39, "OTHER
FEES", BY ENACTING A NEW SUBSECTION (E) , "METER REREAD
CHARGE", TO PROVIDE FOR A SERVICE CHARGE FOR METER REREADS
REQUESTED BY THE CUSTOMER, BY ENACTING A NEW SUBSECTION
(F) , "REMOVAL OF SERVICE LINE", TO PROVIDE FOR A CHARGB
FOR THE REMOVAL OF A SERVICE LINE, BY ENACTING A NEW
SUBSECTION (G) , "REINSTALLATION OF A SERVICB LINE", TO
PROVIDB FOR A CHARGB rOR THE REINSTALLATION OF A SERVICB
LINE, AND BY ENACTING A NEW SUBSECTION (H) , "DESTRUCTION
OF METER AND/OR RBLATED EQUIPMENT" TO PROVIDB FOR CHARGBS
IN THE EVEN'l' OF OBSTRUCTION OF A METER AND/OR RELATED
I EQUIPMlN'l'; BY AMENDING SECTION 52.50, "RENDERING or BILLS;
WHBB PAYMBN'l' DUB", TO DEFINE A BILLING CYCLE; BY AMENDING
SECTIOB 52.52, "RBSUMING SERVICE AFTER DISCONTINUANCE FOR
DELINQUBBCY", SUBSECTION (A), TO CLARIFY THE RECONNECT ION
CHARGE; PROVIDING A SAVIBG CLAUSE, A GEBERAL REPEALER
CLAUSE AND AN EFFECTIVE DATE.
BOW, THEREFORE, BB IT ORDAIBED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BBACH, FLORIDAr AS FOLLOWS:
Section 1. That Section 52.02, "Discontinuing Service at Request of
Customer", of the Code of Ordinances of the City of Delray Beach, Florida, is
hereby amended to read as follows:
.' ORD. NO. 55-93
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I Water will be cut off at any time requested by the customer and
i guarantee=of-payment deposit refunded upon settlement of all back charges
I incurred by the customer. However, water service bills shall continue during
, the time of any temporary cut-offs (less than 12 months), and shall be payable
I as set forth in Sections 52.30 and 52.50.
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I Section 2. That Section 52.15, "Minimum Size of Meters", of the
II Code of Ordinances of the City of Oelray Beach, Florida, is hereby amended to
read as follows:
(A) The minimum size meter to be used at i~e a residence ~t/plate
~t/~.;lri.;;/~t/a/wai.t/t.;i~~et/~t/i~./tlit shall be as follow.:
Size Number of Fixture.
3/4-inch meter Users having seven fixture. or less
l-inch meter Users having eight through 20 fixture.
1-1/2-inch meter Users having from 21 through 40 fixture.
~.1 For users having more than 40 fixture., the size meter shall be
determined by the City watet /Jl.pati~.rii. (Each exterior outlet shall be
considered a separate fixture.)
(B) The minimum size meter to be used at a place of business shall
be as follows:
Projected Monthly
: Minimum Flows:
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; Meter Size
: (Inche.) Gallons
i 3/4 7,500 or les.
I 1 12,525
I 1-1/2 24,975
I 2 39,975
i 3 87,525
I 4 157,500
I 6 350,025
I Section 3. That Section 52.31, "Connection Charge.", Sub.ection
(A), of the Code of Ordinance. of the City of Oelray Beach, Florida, i. hereby
amended to read as follows:
(A) Required. In addition to the meter installation charge, there
1 shall be connection charge. a. f6l1ow.:
(1) There .hal1 be a water connection charge of $788 pet for
connection of each re.idential dwelling unit. A One re.idential ~~lllri~/.riti
connection i. ~.telri defined to be arit/t~llt/ll;lri~/.riltl/ari~l/w~ete/iw~/~t
\ - ORD. NO. 55-93
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:
I ~~telt~LXLe./ateIXLiLrit/~rili~e/.~e/pt~L.e.lleae~/.~aXXl~e/e~ri.Ldeted/a./a
I
I .epataie Ite.LderiiLaXldweXUrit I.riti' Iltri lapati~erii 1~.UdLrit.lle~rid~~LriLU.'1
, t~~petaiLie.lld.Ple~e.llte.~ti IdweULritl.riLi.llarid li~e/U,*ellarid Ipet leae~
i
I itaUet I.paee Itri la litaUet Ipat,*lleae~ IUiLriO I.riti 1.~aU I~e le~ri.Ldeted la
I
I .epataielte.LderiiLaXldwettLrit/.riti the connection of one residential dwelling
I unit as defined in Section 52.34.
nonresidential
I (2) There shall be a and irrigation water
I connection charge which shall be based on $788 per Equivalent Residential
Connection (E.R.C.). Ari/~'~'~'lt.lt~.rid/~;/dtiLdtrit/~~rii~X;/waietle~ri.u.pit~ri
I ~fI11/~~~lltaXX~ri., The following water connection charge. are hereby
established for nonresidential and irrigation service:
Meter Size Connection
(Inche.) E.R.C. Cha-rge
3/4 1.00 $ 788.00
1 1.67 1,315.96
1-1/2 3.33 2,624.04
2 5.33 4,200.04
3 11. 67 9,195.96
4 21.00 16,548.00
6 46.67 36,775.96
(Jtllt~etell.~attll~ellallieteiaiL~rillwaietll~eietlle~ririeeit~ri
t~atte/w~te~/.~att/~./~a.ed/~ri/'1"/P4tlt4-Atialerii/~e.tderiitat/~~ririeeit~ri'
I
i Section 4. That Section 52.33, "Deposit to Guarantee Payment", of
I the Code of Ordinance. of the City of Delray Beach, Florida, is hereby amended
I to read as follows:
A guarantee-ot-payment deposit for all bills shall be made by
each consumer or owner, varying according to the size of the meter in use,
i as follows:
!
I (A) Single-family re.idence:
I
I
2lep~.Li
I tri.tde/~ti;
I rtJ.i.Lde/t.tit
I
I 'U'0~ 'u'u
I Deposit
. Tenant OWner
I
I Inside City Out8ide City Inside City Out.ide City
$100.00 $125.00 $ 75.00 $ 93.75
ORD. NO. 55-93
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( B) Multi-family, nonresidential, and ie,.tatteri irrigation:
I' Meter Size
( Inches) Inside City Outside City
3/4 '/UttJtJ $100.00 '/UtU $125.00
1 1~ttJtJ 100.00 UtU 125.00
1-1/2 ttJtJttJtJ 150.00 tUttJtJ 156.25
2 tUttJf 175.00 tUtU 218.75
3 UfttJtJ 200.00 U1"tJ 250.00
4 lUttJtJ 275.00 lUlU 343.75
6 ,uttJtJ 475.00 UtJU 593.75
8 ~UtftJ 675.00 1UtU 843.75
Section 5. That Section 52.34, "Water Rate.", of the Code of
Ordinance. of the City of Delray Beach, Florida, is hereby amend.d to read a.
follow.:
(A) For the purpo.e of this section the following definition. .hall
apply unless the context clearly indicates or requires a different meaning.
(1) "CAPACITY CHARGE." The charges calculated to cover costs
incurred to have the system available and in good op.rating condition without
I regard to use, which shall include, but not be limited to, co.t. of minimum
personnel, capital outlay, debt service, insurance, tran.f.r., res.rve
requirements, and debt service coverag..
I
I (2) "COMMODITY CHARGE." The charge. calculated to cover the
I costs which vary with the level of service provid.d, the amount of wat.r
produced or sewage proc....d, which shall includ., but not b. limit.d to,
I costs of personnel to operate the system, electricity, r.pairs, and
I maintenance, and operating supplie..
I'
(3 ) "CUSTOMER CHARGE." The charge. calculated to cov.r the
I
costs incurred in the billing .y.tem, which shall includ., but not be limited
to, co.ts of meter reading, recording, data proce..ing, billing, and
collecting.
(4) "RBSIDINTIAL DWELLING UNIT." Ari;lt~lt;ltlllri./drilt'/ari4'
wKete ItwtJ ItJt ItltJte It~l.tte~ late IUltri, len liKe I;~e I~t...l~e~' leaeK I~KaU l'iJe
etJri~l4ete4/a~/a/~e~atate/te~l4eritlatI4_.lltri,/drilttlltri/a~atttleritl'iJdlt4Iri,.,
etJri4tJtllritdtl.'/etJtJ~tatl.le.'14d~Xe~..'lt.;tJttI4w.tttri.l.riIt~'/ari4ItKe/tl~e'/ari4
pet/eaeKlttaltetl.paee/lri/a/ttaIXetlpat~'I.atKIXLllri,1driLtl.KaXXI'iJe/etJri.L4ete4
a I.epatate It..l4eritlat. 14_eUl.rit Idntti I.~te~t ItKat Ilri ItKe Ita~e ItJt litaleX
ttaIXet/pat~.'ltKteelttalet.lttaIXetl.pae.i/.Kalll'iJe/etJri.l4ete.ltKe/eCdllaXerit
et ItJrie It..1.4eritlat. 14_eUlrit Idril.t Iter l'iJtlllri, IpdrptJ.e;J One or more room.
conn.ct.d tog.th.r, con.tituting a separate, ind.pend.nt hou..ke.ping
e.tabli.hment and phy.ically separated from any other dwelling unit which may
be in the .ame structure, . and which contains ind.pendent sanitation, living,
COOking and sle.ping faciliti...
~. ORD. NO. 55-93
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, (B) Monthly rate.. The monthly rates (except for fire hydrants
I as set forth in Section 52.03) for water furnished by the water facilities
I'
I or plant of the city to customers within and outside the corporate limits
I of the city, which unless otherwise indicated shall include the appropriate
customer charge., capacity charges, and commodity charge. for all custom-
ers, are fixed as shown in the following schedule:
Inside Outside
I Type of Customer City City
Residential
Customer charge (per meter) $ 1.55 $ 1.93
Capacity charge (charged to
all customers, per residential
dwelling unit) $ 7.62 $ 9.53
Commodity charge (all metered
consumption-per 1,000 gallons): 1.IU 1.1 U~
I Zero to 3,000 gallon. .99 1.24
i 4,000 to 12,000 gallon. 1.09 1.36
13,000 to 20,000 gallons 1.20 1.50
21,000 to 40,000 gallon. 1. 33 1.66
41,000 to 50,000 gallon. 1.42 1.77
I Above 50,000 gallon. 1. 53 1.91
I Nonresidential and 1~;~t~tl~ri Irrigation
Customer charge (per meter) $ 1. 55 $ 1.93
Capacity charge (ba.ed upon
meter size):
3/4-inch meter $ 7.62 $ 9.53
1-inch meter 12.73 15.91
1-1/2-inch meter 25.38 31. 73
2-inch meter 40.63 50.78
3-inch meter 88.95 111.19
i 4-inch meter 160.07 200.08
I 6-inch'meter 355.73 444.66
I
Commodity ch.rge (all metered
I consumption-per 1,000 gallon.): 1.1~' tn,
f Zero to 3,000 gallon. .99 1.24
4,000 to 12,000 gallon. 1.09 1.36
13,000 to 20,000 gallon. 1.20 1. 50
21,000 to 40,000 gallon. 1.33 1.66
41,000 to 50,000 gallon. 1.42 1. 77
Above 50,000 gallon. 1.53 1.91
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ORn. NO. 55-93
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I Note: Whenever both residential and nonresidential users are on the same
meter, the capacity charge is to be computed A./tt/.At~/rierit..t~.riitAl/...t/eri
I i~./~.i.t/~A'/A/t..t~.riitAl/~~.lllrif/.rilil/et/All/i~./.;.t'/;~All/~./t~Atf.4
~A;.4/eri/i~./rierit.;l~.riilAl/tApAttif/t~Atf./tAi.I/~~tt~.~.t/t;/i~'/ft.Ai.t at
the nonresidential rate.
( C) Emergency Rate Adjustment for Water Conservation. During
periOds of mandated water restrictions by the South Florida Water Management
District, an automatic surcharge shall be added to the commodity charge
according to the following schedule for all water used in exce.. of 7,000
gallons by any customer in anyone month:
Overall Reduction Percent Surcharge
Restriction Phase in Use Applied
. .
. . I 15\ 15\
II 30\ 30'
III 45\ 45'
IV 60\ 60\
(D) Fire hydrant/standpipe charge. (annual).
Fire hydrant rental
(per fire hydrant) Charge.
Inside city, annually $165.00
, Outside city, annually 206.25
I
Standpipes and sprinklers
charge (per separate system)
Inside city, annually $165.00
Outside city, annually 206.25
ill The cu.tomer charge. and capacity charge. a. set forth in this
section shall be due and payable each and every month, for a. lonq a. the
meter is in.talled, reqardle.. of whether or not the meter i. actually turned
on or off, and without reqard to usage or occupancy.
Section 6. That Section 52.36, "Charge for each Time Water is
Turned On", of the Code of Ordinances of the City of Delray Beach, Florida, is
hereby amended to read a. follow.:.
There shall 0. a .ervice charge of $15 for each time water is turned
I on, except when the provisions of Section! 52.18 or 52.52 apply regardinq turn
on as a result of a shut-off notice.
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j ORC. NO. 55-93
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Section 7. That Section 52.37, "Temporary Use; Tapping Charges and
Deposit", of the code of Ordinances of the City of Delray Beach, Florida, is
i hereby redesignated to be Section 52.38.
I
I 8. That Section 52.38, "Service Charge for After Hour
i Section
Calls"', of the Code of Ordinances of the City of Delray Beach, Florida, is
hereby redesignated to be Section 52.37 and amended to read as follows:
A charge of $40 in addition to iK. any applicable turn on/turn off
charges ~.t/..t~Le./eill shall be made for ill each service call. made by iK.
wii.t / ,tt'~iti~.rit City personnel between 5: 00- p.m. and 8:00 a.m. and on
I Saturdays, Sundays and holidays.
Section 9. That Section 52.39, "Other Fees", Sub.ection (E), "Meter
Reread Charge", Subsection (F) , "Removal of Service Line", Subsection (G) ,
"Reinstall,.ation of a Service Line", and Sub.ection (H) , "Destruction of Meter
and/or Related Equipment", of the Code of Ordinances of the City of Delray
Beach, Florida, are hereby enacted to read as follows:
(E) Meter Reread charge. There will be a charge of $15 for each
meter reread requested by a customer. If the meter reading is in error in
favor of the customer, the account will be adjusted accordingly and the $15
service charge shall be waived.
( F) Removal of Service Line. There will be a charge for the
removal of the service line based on the actual cost ( labor and materials)
plus a 10\ surcharge, or $100 whichever is greater, per occurrence.
I ( G) Reinstallation of a Service Line. In the event that a service
line has been removed for non-payment of charges, there will be a Charge for
reinstallation,of a service line based upon the actual replacement cost (labor
and materials) plus a 10' surcharge, or $100 whichever is greater, per
occurrence.
(H) Destruction of Meter and/or Related Equipment. In the event of
any damage to meters and/or other appliance or appurtenance, there will be a
charge based upon actual replacement cost (labor and materials) plus a 10\
surcharge, or $100 whichever is greater, per occurrence.
Section 10. That Section 52.50, "Rendering of Bills; When Payment
Due", of the Code of Ordinances of the City of eelray Beach, Florida, is
hereby amended to read as follows:
ill Bills for all water service, including the customer charge,
capacity charge, and commodity charge, shall be rendered to each customer (the
person whose name the account i. in) upon installation of the meter, and on
a monthly basis thereafeter, and shall be due and payable tt6ttK1UtK when
rendered.
ORn. NO. 55-93
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(B) A billing cycle shall consist of approximately 30 days and is
determined to be from one meter reading to the next. A service period of 1 to
15 days shall be considered as one-half (1/2) month for billing purposes and
charges will be adjusted accordingly.
Section 12. That Section 52.52, "Resuming Service After Discon-
tinuance for Delinquency" , Subsection (A) , of the Code of Ordinances of the
City of Delray Beach, Florida, is hereby amended to read as follows:
(A) In the event iM./w.i.t/.~. city utility service charges .f.lriai
l.i become delinquent and/or said services are discontinued by the city as
herein provided, said services shall not be restored until all delinquent
charges plus . !h! five dollar ($5.00) penalty for late payment .ri41 ~M.i.stt
and a twenty dollar ($20.00) reconnect ion charge~ are paid in full. If the
present guarantee-of-payment deposit is less than the current schedule as set
forth in Section 52.33, an additional guarantee-of-payment deposit shall be
required so that the actual deposit held by the city shall be equal to the
current guarantee-of-payment schedule. However, the city shall not refuse to
accept an application for water service or to open a separate water service
account because of an outstanding delinquent bill on the subject property
which was not incurred by the applicant.
Section 13. That should any section or provision of this ordinance
or any portion thereof, any paragraph, sentence, or word be declared by a
Court of competent jurisdiction to be invalid, such decision shall not affect
the validity of the remainder hereof as a whole or part thereof other than the
part declared to be invalid.
I Section 14. That all ordinances or parts of ordinances in conflict
I herewith be, and the same are hereby repealed.
I
I
I Section 15. That this ordinance shall become effective OCtober
I 1,
1993.
PASSED AND ADOPTBD in regular session on second and final reading on
this the day of , 1993.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
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ORC. NO. 55-93
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # ID ~ - MEETING OF SEPTEMBER 28. 1993
ORDINANCE NO. 56-93
DATE: September 24, 1993
This is the second reading of an ordinance amending Chapter 54,
II Sewers II of the Code of Ordinances to clarify sewer service charges
for customers who do not have water service.
The significant aspects of this ordinance include clarifying the
charges to be paid for residential dwelling units where sewer service
is available, but the dwelling is not connected to the sewer service
and water service is not provided by the City. The ordinance also
specifies how to calculate the number of Equivalent Residential
Connections for non-residential customers, and clarifies when sewer
service charges apply.
This change will result in a better public policy and will not
materially affect revenues.
At the September 14th regular meeting, Ordinance No. 56-93 passed on
first reading by a 4-0 vote.
Subsequently, we have received a proposal from the Environmental
Services Department to further modify this ordinance. As there has
not been sufficient time to investigate this proposal, I am
recommending that the public hearing on this Ordinance be continued to
the October 12th regular meeting.
Recommend continuation of the public hearing on Ordinance No. 56-93
until the October 12th regular meeting.
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TO: David T. Harden,
city Manager ~
FROM: William Greenwood, q;;'o
Director of Environmental Services
DATE: September 20, 1993
SUBJECT: Proposed Ordinance No. 56-93 Sewer
Revising the proposed ordinance to allow water consumed by a
process to be metered separately would pend t utilizing meter
equivalents for both the proposed water and sewer ordinances.
Commercial and/or industrial users whose establishment utilizes
process water that does not become process waste water may
request separate water meters be installed to calculate water
charges.
The term process waste water means any water which, during
manUfacturing or processing, comes into direct contact with or
results from the production or use of any raw material,
intermediate product, finished product, by product, or waste
product. This process waste water would be charged at the
applicable rates including any surcharges for high strength waste
water.
(Definition copied from EPA 401.11)
File: Letters to City Manager
cc: David Tolces, Asst. CA
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MEMORANDUM
TO: William Greenwood, Director of Environmental Services
FROM: Jan Williams, Utility BIlling Manager
THRU: Joseph Sa1Tord. Director 01 Flnanc
DATE: May 24, 1993
'" , I
SUBJECT: 'Sewer Service Charaes-ordlnance Revision
Due to the recent volume of customer complaints regarding sewer service
charges where no water service Is provided, I recommend that the Note In Section
1 of Ordinance 32-92 be revised as follows: (~ee attached ordinance)
a) Where no water service Is provtded and the user Is connected to the sanitary
sewer system, there shall be a monthly customer charge of $5.00 per residential
.. unit and the commodity charge shall be based on the maximum of 12,000 gallons.
This Is In addition to the capacity charges as set forth above.
b) Where no water service Is provided and the user Is !l2! connected to the
sanitary sewer system, and sewer service Is available for connection, there shall
be a monthly customer charge of $5.00 per residential unit and a capacity charge
as set forth above.
Tht~ cnange will result in a better public policy and win not materially affect our
revenue.
Please provide me with any comments you or your staff might have on this matter.
If you approve, I will submit for an ordinance revision.
cc: Robert Phillips, utility Inspector
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ORDINANCE NO. 56-93
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING CHAPTER 54, "SEWERS", OF THE CODE
OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY
AMENDING SECTION 54.31, "CONNECTION CHARGES; EXCEPTION",
TO CLARIFY WHEN A SEWER CONNECTION CHARGE MUST BE PAID; BY
REPEALING SECTION 54.32 AND ENACTING A NEW SECTION 54.32,
"SERVICE RATES AND CHARGES"; BY AMENDING SECTION 54.33,
"TIME AND METHOD OF PAYMENT OF SERVICE CHARGE", TO CLARIFY
THE COLLECTION METHOD OF SEWER CHARGES; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1- That Section 54.31, "Connection Charges; Exception", of
the Code of Ordinances of the City of Delray Beach, Florida is hereby amended
to read as follows:
(A) Connection charges.
(1) In addition to the rates set forth in Section 54.32, there
is established a sewer connection charge for each connection to the city
sewage collection system. The sewer connection charge shall be $1084 for each
separate residential unit or per Equivalent Residential Connection for
non-residential units. WMete li"'tJ ItJt littJte IlU-lUe. late Itl.;lri. ItJri liKe I;U-e
Pteitl;e;ll.aeK/;Katt/~e/etJri;tdetedlitJ/~e/a/;epataielte;lderiilatld"'ettlri.l_rilii
tri/apatiiterii/~_ltdlri,'lletJridtJitlril~;lletJtJpetail.;e'lld_pteie;llte'tJtild"'ettlri.
_rililetJitptei.'llittJiet.ltJtIKtJiet'llaridliKe/tl~e/aridlltJtleaeKlitaltetl'paeellri/a
itaUet Ipat~1 leaeK IU.;lri. I_rili I;KaU I~e letJri;ldeted la I.epataie Ite.lderiilat
d"'eUlri.l_rili A residential dwelling unit is defined in Section 54.32.
(2) Connection charges by users of the city sewerage system
wholly outside the corporate limits of the city are fixed at sums equal to the
rates shown in the above schedule in division (A) of this section, plus 25\ of
each respective classification. The connection charge shall be paid to the
city at the time of obtaining a permit for a connect ion and shall be in
addition to the permit fee. The size of the connection shall be determined by
the Plumbing Inspector in accordance with Chapters 161 and 164.
(B) There shall be a non-residential sewer connection charge which
shall be based on $1084 per Equivalent Residential Connection (E.R.C.)
Equivalent Residential Connection shall be calculated as follow.:
.
Estimated Flow in Gallons per Month
ERC Units = 7,000
ORD. NO. 56-93
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Where an estimated f low is not available the following formula shall be used
with reference to the standard PlurUbing Code adopted by reference in Chapter
161.
Total Fixture Units
ERC Units = 16
Section 2. That Section 54.32, "Service Rates and Charges" , is
hereby repealed in its entirety and a new section 54.32 is hereby enacted to
read as follows:
(A) For the purpose of this section the following definitions shall
apply unless the context clearly indicates or requires a different meaning.
(1 ) "CAPACITY CHARGE." The charges calculated to cover cost
incurred to have the system available and in good operating condition without
regard to use, which shall include, but not be limited to, costs of minimum
personnel, capital outlay, debt service, insurance, transfers, reserve
requirements, and debt service coverage.
(2) "COMMODITY CHARGE." The charges calculated to cover the
costs which vary with the level of service provided, the amount of water
produced or sewage processed, which shall include, but not be limited to,
costs of personnel to operate the system, electricity, repairs and
maintenance, and operating supplies.
(3 ) "CUSTOMER CHARGE." The charges calculated to cover the
costs incurred in the billing system, which shall include, but not be limited
to costs of meter reading, recording, data processing, billing, and
collecting.
(4) "RESIDBNTIAL DWELLING UNIT." One or more rooms connected
together, constituting a separate, independent houseke.ping establishment and
physically separated from any other dwelling unit which may b. in the same
structure, and which contains independent sanitation, living, cooking and
sleeping facilities.
(8) The following rates and charges shall be collected from the
users of the city sewerage system:
(1) Residential dwelling units. A monthly sanitary sewerage
service charge is imposed upon each residential dwelling unit to which
sanitary sewerage service is available through the municipally-owned sewerage
system, according to the following schedule:
Inside OUtside
Residential City City
(a> Customer charge $ 1.55 $ 1.93
ORC. NO. 56-93
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(b) Capacity charge (per residential dwelling
unit) 9.27 11. 58
(c) Commodity charge (based on metered
water with maximum of 12,000 gallons):
city (per 1,000 gallons) 1.08 1.35
South Central Regional Wastewater Treatment
Disposal Board (per 1,000 gallons) .71 .88
Notes: (1 ) Where no water service is provideq and the user is connected to
the sanitary sewer system, there shall be a monthly customer charge of $5.00
per residential dwelling unit, and the commodity charge shall be based on the
maximum of 12,000 gallons. This is in addition to the capacity charges as set
forth above.
(2) Where no water service is provided and the user is not connected
to the sanitary sewer system, and sewer service is available for connection,
there shall be a monthly customer charge of $5.00 per residential unit and a
capacity charge as set forth above.
(2) Nonresidential/commercial units. A monthly sanitary
sewerage service charge is imposed upon each nonresidential and commercial
unit to which sanitary sewerage service is available through the
municipally-owned sewerage system, according to the following schedule:
Inside OUtside
I Nonresidential/Commercial City City
(a) Customer charge $ 1.55 $ 1.93
(b) Capacity charge (per meter):
3/4-inch meter 7.62 9.53
l-inch meter 12.73 15.91
1-1/2-inch meter 25.38 31. 73
2-inch meter 40.63 50.78
3-inch meter 88.95 111.19
4-inch.meter 160.07 200.08
6-inch meter 355.73 444.66
(c) Commodity charge:
City (per 1,000 gallons) 1.08 1.35
South Central Regional Wastewater Treatment
Disposal Board (per 1,000 gallons) .71 .88
I ORD. NO. 56-93
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nonresidential/commercial units where service is not !
Note: For those water I
available, and the user is connected to the sanitary sewer system or sewer
service is available for connection, there shall be a. monthly customer charge
of $5.00 and a capacity charge as set forth above. The commodity charge shall
be based on the average usage for the type of business or non-residential use.
(3) When effective. The initial rates for charges shall be
effective the first day of the month following the date when the system is
constructed, certified for use by the consulting engineer, and accepted by the
city.
Section 2. That Section 54.33, "Time and Method of Payment of
Service Charge" , Subsection (B) , of the Code of Ordinances of the City of
Delray Beach, Florida, is hereby amended to read as follows:
(B) Sewer service charges shall apply and be collected monthly on a
year-round basis whenever water service is provided and without regard to
occupancy.
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 all ordinances or parts of ordinances in conflict
herewith be, and the same are hereby repealed.
Section 5. That this ordinance shall become effective October 1,
1993.
j PASSED AND ADOPTED in regular session on second and final reading on
this the day of , 1993.
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MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
ORO. NO. 56-93
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER t7J0.
SUBJECT: AGENDA ITEM i i06- - MEETING OF SEPTEMBER 28. 1993
ORDINANCE NO. 57-93
DATE: September 24, 1993
This is the second reading of an ordinance amending Chapter 51
"Garbage and Trash" of the Code of Ordinances to provide for a 3%
increase in garbage, trash, recycling and separate vegetation
collection service charges and fees for residential and commercial
customers and to provide for charges for 90-gallon commercial cart
service. This increase equals the increase in the Consumer Price
Index as required by our contract with Waste Management.
Residential trash service rates will range from $5.62 per month to
$15.17 per month, depending upon type of servicei recycling services,
$2.10 per unit and separate vegetation collection services $.88 per
unit. The rate for mechanical containers and commercial refuse
container service ranges from $31 to $1,040, depending upon the size
of the container and number of pickups; and commercial 90-Gallon Cart
Service ranges from $37 to $216, depending upon the number of pickups
per week.
Commercial recycling rates range from $17.98 to $570.16, depending
upon number of containers and frequency of pickup. The recycling rates
for multi-family units, which do receive curbside services, is $1.69
per unit. A detailed staff report is attached as backup material for
this item.
At the September 14th regular meeting, Ordinance No. 57-93 passed on
first reading by a 4-0 vote.
Recommend approval of Ordinance No. 57-93 on second and final reading.
~
..
I
. MEMORANDUM
TO: Joseph Safford, Director of Finance ~
FROM: Jan Williams, Utility Billing Manager \
DATE: August 1 8, 1993
SUBJECT: PROPOSED CO~ERCIAL AND RESIDENTIPL GARBAGE RATES
I am recommending that the City Commission approve increasing the service
fees for garbage and 'trash pLl"suant to the following:
RESIDENTIAL GARBAGE SERVICE:
(1 ) The con'tract with Waste Management provides for an increase
in the collection portion of billings based on the change in
the Consumer Price Index for the previous yeCl. This year's
index is 3.00k. Residential customers will continue to be fully
assessed for disposal costs by the SWA at an annual rate
of $53 to $158 per unrt.
(2) The portion of the rate attributable to the continuous 'trash
pick-up program has been adjusted by the CPI index.
(3) The residential curb-side recycling rate will increase to
$2.10 from $2.04 due to the CPI adjustment
(4) The vegetative collection route added in 1992 will cost
residents $.88 per unrt per month; up from $.85.
COMMERCIAL GARBAGE SERVICE:
I
(1) The Solid Waste Authority will continue to assess commercial
parcels on a split basis. The tipping fee will increase from
$43 to $46 per ton for commercial customers in our rates.
(2) Waste Management bills and collects for commercial and multi-
family garbage and recycling services. These rates have been
adjusted by the CPI index.
(3) Effective October 1 , 1993, there will be a "com mercial cart"
service for non-residential customers who do not require a
dumpster or cannot have one because of space limitations.
Waste Management will be billing and collecting for this
service. These new rates have been incorporated into the
ordinance.
A copy of the revised ordinance with the nevv rates indicated is attached
for YO\J: review and approval. Back-up schedules are also attached.
for your review.
,'. "
.
RESIDENTIAL:
TYPE A TYPE B TYPE C 'TYPE D TYPE F TYPE G TYPE Ii
COLLECTION:
BASE BID $4.15 $4.65 $1.00 $3.15 $4.15
3.56% CPI-YR.l SO.15 SO.17 $0.04 $0.11 $0.15
3.64% CPI-YR.2 $0.16 $0.18 $0.04 $0.12 $0.16
3.111- CPI-YR.3 $0.14 $0.16 $0.03 $0.11 $0.14
1.30% CPI-YR.4 $0.06 $0.07 $0.01 $0.05 $0.06
4.22% CPI-YR.5 $0.20 $0.22 SO.05 $0.15 SO.20
4.80% CPI-YR.6 $0.23 SO.26 $0.06 $0.18 $0.23
4.60% CPI-YR.7 SO.23 $0.26 $0.06' $O.lB $0.23 $5.97 $4.05
6.10% CPI-YR.B $0.32 $0.36 $O.OB $0.25 $0.32 $0.36 SO.25
2.701 CPI-YR.9 $0.15 $0.17 $0.04 SO.12 $0.15 $0.17 $0.12
3.001. CPI-YR.I0 $0.17 $0.20 $0.04 $0.13 $0.11 $0.20 $0.13
-----------------------------------------------------------.------------------------
$5.% $6.70 $1.45 $4.55 $5.% $6.70 H.55
PER TON
$18.50 BASE BID n.l0 $3.10 $3.10 $3.10 $3.10
$26.00 SWA-INCREASE $1.26 $1.26 $1.26 $1.26 $1.26
$30.00 SMA-INCREASE $0.67 $0.67 SO.67 SO.67 $0.67
$33.50 SMA-INCREASE SO.59 $0.59 SO.59 SO.59 $0.59
$46.50 SNA-INCREASE $2.18 $2.18 $2.18 $2.18 $2.18
------------------------------------------------------------------------------------
TO BE BILLED ON TAX NOTICES
-----------.--------.---------------------------------------------------------------
SUB-TOTAL $5.911 S6.70 $1. 45 $4.55 $5.96 $b.70 $4.55
-----------------------------.--------.-----------.---------------------------------
~ JECYCLING $2.10 $2.10 $2.10 $2.10 n.l0 $2.10 $2.10
I . BULK TRASH $4.17 $1.47 $0.49 $1.47 $1.47 $4 .17 S4.17
GREEN ROUTEU $0.88 SO.88 $0.88 SO.88 $0.88 $0.88 $0.B8
--------------------------------------------------------.-----------------------.---
SUB-TOTAL $13.11 $11.15 $4.92 $9.00 $10.41 $13.85 $11. 70
ADM. FEE $0.35 $0.35 $0.35 $0.35 $0.35 SO.35 SO.35
OVERHEAD 17%) $0.92 $0.78 SO.34 $0.63 $0.73 $0.97 $0.82
------------------------------------------------------------------------------------
SUB-TOTAL $14.38 $12.2B $5.62 $9.9B $11.49 $15.17 $12.87
RES EOUIV $0.00 $0.00 $0.00 $0.00 $0.00 . SO.OO $0.00
--------------------------.---------------------------------------------------------
RATE REO'T $14.38 $12.28 $5.b2 S9.9a $11.49 $15.17 $12.a7
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Waste Management of Palm Beach IQ
A WMI SelVice Center A Waste Management Company
651 Industrial Way 'e!J
Boynton Beach, FL 33426
(407) 547-4000
(407) 272-5855 August 17, 1993
City of Del ray Beach
100 NW 1st Avenue
Delray Beach, FL 33444
ATTENTION: Ian Williams
SUBJECT: RATES FOR 90 GALLON CO~RCIAL CART SERVICE
Dear J an,
In an effort to continue to provide customized service and satisfaction to the commercial
establishments of the City, we are happy to provide 90 gallon cart service to those businesses that
do not or cannot use a PEL container. We will begin to provide this service effective October 1,
1993, at the following rates:
Service
, Frequency Ix 2x 3x 4x 5x 6x
Flat Rate $32.00 $62.00 $94.00 $125.00 $156.00 $186.00
J.J, Disposal 5.00 10.00 15.00 20.00 25.00 30.00
I Total Rate $37.00 $72.00 $109.00 $145.00 $181.00 $216.00
.
Note: These rates are for each 90 gallon cart ordered for service.
If you have any questions or concerns, please call me at your convenience.
Sincerely,
: ~,~
:P
Charles C. Hayes III
Vice President and Controller
cc: Floyd Cherry
,.
"
.----.-,"'-'--'-"-- -- " ~._. ..--...- ,'----. ----- _0-.'--.--- ._".____._ ~_,__ .--.-.--..,- --- -. _.._,--'._"-----
... -- ._.
ORD I NANCE NO. 57-93
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING TITLE V, "PUBLIC WORKS"" CHAPTER
51, "GARBAGE AND TRASH", OF THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, FLORIDA, BY AMENDING "RATES AND
CHARGES" , SECTION 51. 70, "REGULAR CHARGES LEVIED" , TO
PROVIDE FOR INCREASED GARBAGE AND TRASH SERVICE CHARGES
AND FEES FOR RESIDENTIAL SERVICE; TO PROVIDE FOR INCREASED
GARBAGE AND TRASH SERVICE CHARGES AND FEES FOR COMMERCIAL
SERVICE; TO PROVIDE FOR AN INCREASE IN THE FEE FOR
RESIDENTIAL CUSTOMERS FOR RECYCLING SERVICE; TO PROVIDE
FOR AN INCREASE IN THE FEE FOR SEPARATE VEGETATION
COLLECTION SERVICE; TO PROVIDE FOR CHARGES FOR 90-GALLON
CART SERVICE; PROVIDING A GENERAL REPEALER 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 Title V, "Public Works" , Chapter 51, "Garbage
and Trash", "Rates and Charges", Section 51.70, "Regular Charges Levied",
of the Code of Ordinances of the City of Delray Beach, Florida, be, and the
same is hereby amended to read as follows:
Sec. 51. 70 REGULAR CHARGES LEVIED
The following service charges or fees are levied for garbage and
trash service:
(A) Charged for the below-described garbage and trash pick-up
service shall be as follows and shall commence when a
certificate of occupancy is issued for any residential or
commercial units, and shall continue monthly thereafter
unless service is discontinued in accordance with Section
51-72 :
(1 ) For those customer receiving Type A, roll-out cart
service, the service charge shall be UUU $14.38 per
month for garbage and trash pickup. However, the levy for
"Tropic Palms and Palms of Delray" (known as Type F) shall
be 111i11 $11.49 per month for garbage and trash pickup.
(2) For those customers receiving Type B, rear-door/side-
door service, the service charge shall be UUU $12.28
per month for garbage and trash pickup. However, the levy
for the area bordered by N.W. 22nd Street on the north,
I Old Dixie Highway on the east, Lake Ida Road on the south
and N.E. 2nd Avenue on the west (known as Type G) shall be
i
I 11~i1J $15.17 per month for garbage and trash pickup.
I
I ORD. NO. 57-93
I
"
'.
.
. --~_. -...- -._----_... -~._- -
(3) For those customers receiving Type C, curbside, garbage
and household trash in disposable containers service,
the service charge shall be U/~1 $5.62 per month for
garbage and trash pickup.
(4 ) For those customers receiving Type D, curbside in
owner's container (or for those customers who, by
reason of disability, as certified by a doctor and
previously approved by the city, are unable to place
refuse containers on the street, and whose collection
by the city or its contractor is thus pursuant to the
Type B, rear-door/side-door service) , the service
charge shall be UI1~ $9.98 per month for garbage and
trash pickup. And the levy for the area bordered by S.W.
10th street on the north, Federal Highway on the east,
Linton Boulevard on the south and I-95 on the west (known
as Type H) shall be Ul.lU $12.87 per month for garbage
and trash pickup.
NOTES: (a) Residential customers shall be assessed a
U/~~ $2.10 per unit charge for recycling service
(included in rates set forth above).
(b) Residential customers shall be assessed a
,/Si $.88 per unit charge for separate vegetation
collection services for all curbside residential dwelling
units. (included in rates set forth above) . The
effective date for this service is October 1, 1992.
j (B) Mechanical containers and commercial refuse container
I
I service.
i
(1 ) For customers receiving Type E, mechanical containers
and commercial refuse container service, the service
charge shall be based upon the following for such
garbage and trash services:
I Commercial
I
Residential Monthly
Monthly Container
I Container Container Charge
I Size Charge (Collection
(Square Pickups (Collection and Disposal
Yard) Per Week Charge Only) Charge)
2 1 $ 31 '/i~ 52
3 1 ~1. 43 1t 74
4 1 U 52 ~~ 93
6 1 1t 73 U~ 136
8 1 U 90 166 174
ORD. NO. 57-93
'.
.
--- -,_., . ~.~_._~." . - ~... --_. -....-- . --~---. ---..-.-.... .--- -....-- ..---.- ."--.- -,,-
2 2 ~gl 62 ~~ 104
3. 2 U 85 tI.~ 148
4 2 t.U 106 Ut. 190
6 2 tl.1. 146 Uf/J 271
8 2 t.U 180 U~ 347
2 3 U 93 tI.~ 156
3 3 t.U 128 1.U 222
4 3 t.U 158 '1.1t. 283
6 3 1.tI. 219 ~l4~ 407
8 3 U~ 269 ~~l4 520
2 4 t.1.t. 124 U~ 207
3 4 UtJ 171 ~U 296
4 4 ~f/JII 210 ~U 377
6 4 UII 292 U~ 542
8 4 ~U 359 ~U 694
2 5 Ut. 155 U~ 259
3 5 ~f/Jl4 213 ~U 370
4 5 U1 263 ~U 472
6 5 UtJ 365 U" 678
8 5 ~U 449 l4U 867
2 6 t.u. 186 Ul4 311
3 6 Ugl 256 ~U 444
4 6 ~f/Jl4 316 U~ 566
6 6 ~~1 438 11'1 814
8 6 U6 539 '''II 1,040
(2) MUltiple-family dwelling units containing five units or
more shall use containers emptied by mechanical means,
except as otherwise approved by the city because of
lack of suitable space for a mechanical container or
other good reason.
(3 ) Commercial customers shall use mechanical containers and
commercial refuse container service (Type E). Commercial
customers shall include, but not be limited to, all office
buildings, stores, filling stations, service
establishments, light industry, schools, churches, clubs,
lodges, motels, laundries, hotels, public buildings, food
service, and lodging establishments. Commercial customers
may use any of the following containers for accumulation
of refuse:
(a) Commercial refuse containers. The city shall
require any commercial customer needing more than
six refuse containers to use mechanical containers,
if feasible.
(b) Mechanical containers.
ORD. NO. 57-93
"I
'.
.
._.....~._-- --.. _...--~- .....-.
-_._~
(4 ) The owners/operators of commercial establishments and
other commercial customers shall accumulate such refuse
in those locations mutually agreed upon by the owner/
operator and the city of its contractors, and which are
convenient for collection by the city or its
contractors.
(5 ) Containers emptied by mechanical means shall be
provided by the city or its contractors. These
containers shall be emptied on a schedule mutually
agreed upon by the customer and the city or its
contractors, but not less than one day a week nor more
than six days a week. Maintenance of that container
shall be as set forth in this chapter; however, the
city's contractors shall not impose any separate or
additional charges to customers or to the city for the
rental or routine/regular maintenance of such
containers that may be performed by the city's
contractors.
(6) Commercial customers needing less than six refuse
I containers, and those approved for this type of service
by the city in advance because they lack a suitable
I location for a mechanical container shall also be
I serviced at least once per week. All garbage and
I
I commercial trash shall be collected from such refuse
I
I containers at locations agreed to between the city or
its contractors and the customer. The charge shall be
i based upon the following for such garbage and trash
\
I services:
I
!
i 90-Gallon Cart Service
I
i
I
1 Pick-ups per Week Monthly Charge
i
I 1 $ 37
2 72
3 109
4 145
5 181
6 216
(C) The charges set forth above for mechanical containers and
commercial refuse container service (Type E) shall accrue and
be payable on the total capacity of the container whether or
not it is full. Containers of the type and size designated by
the city or provided by the city's contractors shall be used.
Where more than one user is serviced by one container, the
I monthly charges shall be levied to each customer by dividing
the total monthly cost by the number of customers using that
ORO. NO. 57-93
'I
'.
. .
-" .-.--_.,--- - ....,---, - - ,.._u___ _..~._._ ,____ ___"___
container; however, in no event shall the monthly service
charge be less than $31 for residential dumpster service and
,JlIIS $52 for commercial dumpster service. The term "CUSTOMER"
as employed herein is any person using the service or to whom
the service is available. Even if the customer is different
from the person who is actually billed for or pays for the
service, the minimum monthly charge referred to above shall be
calculated as to each customer.
(D) Commercial Rates for Recycling
Container Size Pick ups per Recycling Monthly
(square yard) week Billing Rates
96 gal 1 U1Uf, $ 17.98
2 1 ~'lJt.1IS 43.37
3 1 U/" 57.12
4 1 1"~. 78.27
6 1 tllSlIS/U 103.66
8 1 t1.UU 130.11
96 gal 2 UJ111S 27.51
2 2 U/f,1 65.58
3 2 U/U 85.68
4 2 tt~Jt.1IS 121. 65
6 2 U,,~~ 170.30
8 2 'lttlU 217.91
96 gal 3 ~"U 35.96
2 3 UI1.t 86.74
3 3 tllS./~~ 113.18
4 3 tU/U 166.07
6 3 U~/U 246.47
I 8 3 U11U 306.77
96 gal 4 ~~/U 45.49
I 2 4 tllSf,J1~ 108.96
I 3 4 U1JU 141. 74
4 4 'lUlU 209.44
6 4 'lUlU 302.54
8 4 ~U/IIS1 394.57
96 gal 5 U/~IIS 55.01
2 5 tU/U 131.16
3 5 U~/U 169.25
4 5 Uf,/~~ 253.88
6 5 U1/~~ 368.12
8 5 ~f,~/U 482.36
96 gal 6 f,U f,~ 64.52
2 6 U"U 153.38
3 6 t~tJlIS'l 196.75
4 6 'lUlU 298.30
6 6 ~1.tlIlS1 433.71
8 6 UUU 570.16
ORD. NO. 57-93
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(E) Multi-Family Rates for Recycling:
Multi-family units which do not receive curbside recycling
service shall be assessed a monthly charge of U,~~ $1. 69 per
unit which shall be billed by the contractor.
Section 2. That all ordinances or parts of ordinances in
conflict herewith are hereby repealed.
Section 3. That should any section or provision of thi.s
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 immedi -
ately upon its passage on second and final reading, and the changes set
forth herein shall be applicable to all bills rendered on or after October
1, 1993.
PASSED AND ADOPTED in regular session on second and final reading
on this the day of , 1993.
MAYOR
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I First Reading
Second Reading
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ORO. NO. 57-93
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CIT~ MANAGER ~
SUBJECT: AGENDA ITEM # i~ - MEETING OF SEPTEMBER 28. 1993
ORDINANCE NO. 51-93
DATE: September 24, 1993
This is the first reading of an ordinance amending the Land
Development Regulations by amending Section 4.4.13, "Central Business
(CBD) District", by adding "wash establishment for vehicles" as a
conditional use within the zone district, subject to certain
conditions.
This item was before the Commission at the September 14th regular
meeting at which time direction was given to redraft the proposed
ordinance to include more limiting criteria. Those items have been
included along with another suggestion to limit the facilities to
those which are automatic/mechanical in nature. Custom facilities
(hand detailing) and the manual "wand" facilities would not be
allowed.
The Planning and Zoning Board has not reviewed the revised language.
However, their initial recommendation with respect to this issue was
to not accommodate the use in the CBD Zone District. A detailed staff
report is attached as backup material for this item.
Recommend approval of Ordinance No. 51-93 on first reading. If passed
public hearing October 12th.
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ORDINANCE NO. 51-93
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING
REGULATIONS", SECTION 4.4.13, "CENTRAL BUSINESS (CBD)
DISTRICT" , SUBSECTION (D) , OF THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, FLORIDA, BY ADDING "WASH ESTABLISHMENT
FOR VEHICLES" AS A CONDITIONAL USE WITHIN THE ZONE
DISTRICT, SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING
A SAVING CLAUSE, A GENERAL REPEALER 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 16,
1993, and forwarded the change with a recommendation that it not be
adopted; and,
WHEREAS, the City Commission of the City of Delray Beach,
Florida, finds that the change is not inconsistent with 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 4, "Zoning Regulations", Article
4.4, "Base Zoning District", Section 4.4.13, "Central Business (CBD)
District", Subsection 4.4.13(D) , "Conditional Uses and Structures
Allowed" , of the Land Development Regulations of the Code of
Ordinances of the City of Delray Beach, Florida, is hereby amended by
adding the following text:
J.lli Wash establishment, with automatic/mechanical
systems only, for vehicles, except that such use
shall not be located east of the Intracoastal
Waterway or on lots which front along Atlantic
Avenue. Further, this use must be established
on property with a minimum lot area of 20,000
sq. ft.
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.
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Section 3. That all ordinances or parts of ordinances which
are in conflict herewith are hereby repealed.
Section 4. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1993.
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
- 2 - Ord. No. 51-93
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDEN, CITY MANAGER
~~~~~Q-Ln<o}'W'
FROM: DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF SEPTEMBER 28, 1993
FIRST READING: LDR AMENDMENT RE CAR WASH FACILITIES
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval, on first reading, of an ordinance which amends
the LDRs by adding "car wash facilities and establishments"
as a conditional use in the CBD Zone District.
B A C K G R 0 U N D:
This item was before the City Commission on September 14th for
first reading. At that time, direction was given to redraft the
proposed ordinance and include more limiting criteria e.g.
- minimum lot size, perhaps 20,000 sq.ft.;
- the use to be accommodated as the only use on the
designated property.
Subsequent to the Commission meeting another suggestion was made
that such facilities be limited to those which are automatic/
mechanical. Thus, custom facilities (hand washing) and the
manual "wand" facilities would not be allowable.
Please review the documentation of September 14th for the basis
upon which a modification to the LORs is justified.
A N A L Y S ISO F L I M I TAT ION S
The initially proposed text is as follows:
Wash establishment or facilities for vehicles, except that
such use shall not be located east of the Intracoastal
Waterway or on lots which front along Atlantic Avenue.
The locational limitation is the same as currently exists for
gasoline stations in the CBD Zone District.
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City Commission Documentation
First Reading: LDR Amendment Re Car Was Facilities
Page 2
Proposal re minimum lot size: There does exists, in all zoning
districts a minimum requirement for gasoline stations of a
15,000 sq. ft. lo-t. Thus, apply a minimum lot size for a car
wash facility in the CBD (or Citywide) is possible. Of the two
existing car wash facilities in the CBD, one is @ 14,045 sq.ft.
and the other is in excess of 40,000 sq. ft.
Proposal as the "only" use of property: The effect of this
proposal is two-fold. First, it would mean that a vehicle wash
establishment could not conduct ancillary uses e.g. oil change,
tire repair, sale of auto parts, convenience store outlet. The
other is that a vehicle wash establishment could not be part of
a site (property) with other uses. Thus, a hand wash
(detailing) operation could not be accommodated in a "bay" of
the structure; nor, could a wash establishment be a part of a
larger center e.g. with a muffler shop, brake shop, repair
center, etc.
With respect to "hand washes" (detailing), this use is presently
conducted within the CBD. The continuation of the use is a
subject which is being addressed by a special ad-hoc
committee of the P&Z Board, CRA, and DDA. Its prohibition,
through this proposed limitation, would not affect the work of
the special ad-hoc committee.
However, there is a conflict between this "only" provision and
the definition of "service station" wherein a car wash is
considered adjunct. Thus, service stations would be able to
petition for the addition of a car wash regardless of the
disposition of the item ~urrently before the Commission.
Proposal as to "automatic/mechanical" facilities only: This
limi tation would not allow "hand washing" (detailing) nor the
manual (wand) systems. Thus, The Grove Car Wash would remain as
non-conforming. The Express Car Wash would become conforming
and would be allowed to petition for expansion.
ASS E SSM E N T & CON C L U S ION S
Given the above analysis, the Director suggests the following:
1. that a minimum lot size is an appropriate limitation;
2. that a limitation as an "only" use creates one apparent
conflict (with service stations) and may create others - it
is not suggested as a limitation;
3. that restriction to automatic/mechanical system is an
appropriate limitation;
4. that the currently suggested geographic limitation is
appropriate;
5. this subject may be explored further by the special ad-hoc
committee (P&Z, CRA, DDA).
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city Commission Documentation
First Reading: LOR Amendment Re Car Was Facilities
Page 3
Thus, the suggested language is now as follows:
Wash establishment, with automatic/mechanical systems only,
for vehicles, except that such use shall not be located
east of the Intracoastal Waterway or on lots which front
along Atlantic Avenue. Further, this use must be
established on property with a minimum lot area of 20,000
sq. ft.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board has not reviewed this subject,
other than when the initial language was before them. At that
time the Board recommended that the use not be accommodated in
the CBD Zone District. Since that recommendation was in the
negative, the more restrictive language has not been taken
before them (i.e. assumed they would continue with a
recommendation of not to include).
R E COM MEN 0 E 0 ACT ION:
By motion, approval of an ordinance, which enacts the language
as recommended herein, on first reading.
Attachment:
* Ordinance by others.
OJK/CCWABH2.0OC
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER t1Jt1.
SUBJECT: AGENDA ITEM # /.:z 13 - MEETING OF SEPTEMBER 28. 1993
ORDINANCE NO. 59-93
DATE: September 24, 1993
This is the first reading of an ordinance amending the Land
Development Regulations by amending Section 4.3.3, "Special
Requirements for Specific Uses" , by deleting Subsection (S) ,
"Junkyards" , in its entiretYi and, by amending Section 4.4.20,
"Industrial (I) District" , by deleting reference to Section 4.3.3{S).
The provisions of Section 4.3.3 (S) are redundant to other provisions
in the Land Development Regulations and not necessary. Currently,
Junkyards are a conditional use in the Industrial (I) Zone District.
There will be no loss of authority nor ability to enforce existing
conditions.
The Planning and Zoning Board at their September 20th meeting
recommended approval. A detailed staff report is attached as backup
material for this item.
Recommend approval of Ordinance 59-93 on first reading. If passed
public hearing October 12th.
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I ORDINANCE NO. 59-93
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AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
I DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING
REGULATIONS", OF THE LAND DEVELOPMENT REGULATIONS OF
THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, BY AMENDING SECTION 4.3.3, "SPECIAL
REQUIREMENTS FOR SPECIFIC USES", BY DELETING
SUBSECTION (S) , "JUNKYARDS", IN ITS ENTIRETY; BY
AMENDING SECTION 4.4.20, "INDUSTRIAL (I) DISTRICT",
SUBSECTION 4.4.20(D) (10), BY DELETING REFERENCE TO
SECTION 4.3.3(S) ; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE 'DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and
Zoning Board reviewed the subject matter at its meeting of September
20, 1993, and has forwarded the change with a recommendation of
approval; and,
WHEREAS, pursuant to Florida Statute 163.3174(1) (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 4, "Zoning Regulations", Article
4.3, "District Regulations, General Provisions", Section 4.3.3,
"Special Requirements for Specific Uses", of the Land Development
Regulations of the Code of Ordinances of the City of Delray Beach,
Florida, is hereby amended by deleting Subsection 4.3.3(S) ,
"Junkyards" , in its entirety.
Section 2. That Chapter 4, "Zoning Regulations", Article
4.4, "Base Zoning District", Section 4.4.20, "Industrial ( I )
District", Subsection 4.4.20(D) , "Conditional Uses and Structures
Permitted" , Sub-subsection 4.4.20(D) (10), of the Land Development
Regulations of the Code of Ordinances of the City of Delray Beach,
Florida, is hereby amended to read as follows:
(10) JunkyardsJ/s~~~~tt/t~/5~tti~n/At~t~~gy
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.
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Section 4. That all ordinances or parts of ordinances which
are in conflict herewith are hereby repealed.
Section 5. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1993.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
- 2 - Ord. No. 59-93
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: C:~ T.~~N:i CITY MANAGER
.. /C~.0<\-J~'~'(lL'~
FROM: DA ID J.-KOVACS, DIREC
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF SEPTEMBER 28, 1993
LDR AMENDMENT DELETING SPECIAL REGULATIONS/PROCESS FOR
JUNKYARDS
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of an amendment to the LDRs that would eliminate
the special process and requirements associated with the
specific use of Junkyards.
The affected LDR sections are 4.4.3(S) Junkyards and
4.4.20(D)(10) Industrial (I) District, Conditional Uses and
Structures Allowed (Junkyards)
B A C K G R 0 U N D:
This text amendment was initiated as a result of a recent
request made to the City Commission to establish an automobile
parts recycling operation at the former Aero-Dri site on S. w.
10th Street. The use as described by the applicant falls under
the definition of "Junkyard." As such, it was subject to
special provisions contained in Section 4.3.3(S). Those
provisions include a requirement that the applicant obtain a
special permit from the City Commission.
During its consideration of the item, the Commission noted that
the special permit provision was an unusual method of processing
a land use request, and directed the Planning and Zoning Board
to look into the appropriateness of retaining that requirement.
The proposed amendment is the deletion of Section 4.3.3(S) in
its entirety. It also includes a technical revision to the
Industrial District text. to eliminate a reference to Section
4.3.3(S). The attached Planning and Zoning Board staff report
provides a more detailed description and analysis of the
amendment.
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City Commission Documentation
LDR Amendment Re: Junkyards
Page 2
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at its
meeting of September 20, 1993. The Board voted 5-0 (Golder and
Currie absent) to recommend approval of the amendment.
R E COM MEN D E D ACT ION:
By motion, approve the enacting ordinance which will:
* Delete Section 4.3.3(S); and
* Change Section 4.4.20(D)(10) as follows:
Junkyards, ~~~8ett to 8ettl0ri '/3/3(81 .....
Attachment:
* P&Z Staff Report & Documentation of September 20, 1993
* Ordinance Provided by Others
'T I CC.:rUNX. DOC
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PLANNING AND ZONING BOARD MEMORANDUM STAFP' REPORT
FOR
L.D.R. AMENDMENTS
MEETING DATE: SEPTEMBER 20, 1993
AGENDA ITEM: IV.A.
SUBJECT: DELETION OF SPECIAL REGS/PROCESS FOR JUNKYARDS
LOR REFERENCE: Section 4.4.3(S) commencing on page 4325
I T E M B E FOR E THE BOA R 0
The item before the Board is that of making a
recommendation to the City Commission on a proposed
modification to the City's Land Development Regulations
( LDRs) . The proposed modification is to delete the special
process and requirements associated with the specific use
of Junkyards [Section 4.3.3(S)].
Pursuant to LOR Section 1.1.6, no amendment may be made
until a recommendation is obtained from the Planning and --
Zoning Board.
Pursuant to F.S. 163.3194(2), the Planning and Zoning Board
is to review the proposed amendment with respect to its
relationship to the adopted Comprehensive Plan of the City.
BACKGROUND
Earlier this year an inquiry was made relative to establishing
an automobile, auto parts, recycling operation on SW 10th
Street. By definition, this request fell under the provisions
of Section 4.3.3 "Junkyards". Within these provisions there is
a specific requirement for obtaining a permit from the City
Commission and for meeting certain performance/site criteria.
The City Commission considered the item under Section 4.3.3 on
August 10, 1993. While no action was taken relative to approval
or denial, the item was handled through an action to grant a
"permit" to proceed through the conditional use process, as
required pursuant to the underlying zoning (Industrial). The
Commission also directed that the P&Z Board look at the
appropriateness of retaining the provisions of Section 4.3.3(S).
From an historic perspective, prior to adoption of the LDRs
(10/90) the special regulations which pertain to Junkyards were
contained in Chapter 90 of the City Code - "ABANDONED PROPERTY;
JUNKYARDS" . Prior to that codification, the provisions were
identified in Chapter 14. In essence, these regulations have
existed for many years (perhaps since 1955 with modifications in
1965 and 1983). In any event, it appears that these regulations
IV.A.
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P&Z Staff Report
Deletion of Special Regs/Process for Junkyards
Page 2
were used in-lieu of accommodating the use under the zoning
(land use) regulations. Such a practice is no longer acceptable
and with the creation of the LDRs (1990), "junkyards" were
accommodated as a conditional use in the Industrial (I) Zone
District; and, the previous regulations were incorporated - in
their entirety - as Section 4.3.3(S).
PRO P 0 SED A MEN D MEN T
The proposed amendment is the deletion of Section 4.3.3(5) in
its entirety (see attachment for the complete text).
Also, there would be a technical change to the Industrial
District text as follows:
Section 4.4.20 Industrial (I) District
Section 4.4.20(D) Conditional Uses
Section 4.4.20(D)(10) Junkyards, ~~~8;tt t~ 8;ttL~~
'/3/3(81
The definition of "Junkyards" as provided in Appendix "A"
remains unchanged.
A N A L Y S I S
The items provided for in Section 4.3.3(5) and how they will be
affected by the proposed deletion (changes) are as follows:
· Def1n1t1ons: Essentially retained in Appendix "A".
. Spec1al Perm1t: to be obtained from the City Commission is
deleted. Permission to establish the use would occur only
through the conditional use provisions.
. Area Requ1rement.: A minimum area of 40,000 sq. ft. and a
maximum area of 200,000 sq. ft. was provided for. The base
district regulations for the I zone would now (only) apply.
They provide for a minimum lot size of 20,000 sq. ft.
· Screen1ng: An 8' high solid fence or wall was required, along
with solid gates. With the changes, P&Z recommendation and City
Commission determinations must be made relative to the adequacy
of screening. The specific screening plan must be approved by
SPRAB. District boundary separation requirements Section 4.6.4
apply, as applicable.
· Appl1cat1on FOrm8: The reference special permit forms would
not be applicable and the cond1tional use pet1tion would be
required.
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P&Z Staff Report
Deletion of Special Regs/Process for Junkyards
Page 3
* Restrictions on Expansions: There is (was) a restriction that
any existing junkyard could not expand under any circumstances.
With the deletion, any expansion would be treated in the same
manner as a new request would be handled.
* Restriction on Building Expansion and Building Repair: Same as
above, except that if a junkyard in not in I zoning, then the
provisions of the non-conforming regulations would apply.
* Screening of Unscreened Properties: This provision was to
have been imposed within 90 days of November 10, 1965.
* Limitation on Stacking Height: Within the up-grading of
existing establishment requirements there is a statement that
the stacked material cannot exceed eight feet (8' ) in height.
This limitation can be placed on any new application or
modification of an existing us~. It would be applied (enforced)
on existing uses since they needed to comply previously.
ASS E SSM E N T , CON C L U S ION
It is clear from the above information that the provisions of
Section 4.3.3(S) are redundant to other provisions of the Land
Development Regulations and not necessary. There will be no
loss of authority nor ability to enforce existing conditions.
A L T ERN A T I V E ACT ION S
1- Recommend denial in that the deletion of Section 4.3.3(5)
will diminish the ability of the City to effectively
regulate, monitor, and enforce regulations pertaining to
junkyards.
2. Recommend approval based upon a finding that the proposed
modification is consistent with and furthers the
Comprehensive Plan by streamlining the Land Development
Regulations.
3. Continue with direction e.g.:
a) to consider as a public hearing item at the October
meeting of the Board;
b) to retain the performance standards and specific
design requirements but eliminate the special permi t
provisions;
c) other reasons, as you specify.
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Section 4.3.3 (5)
(5) Junkyards: For the purpose of this subsection, the
following definitions shall apply:
(1) Automobile qraveyard: An establishment or place
of business which is maintained or operated for the use of
storing, keeping, buying, or selling wrecked, scrapped, ruined,
or dismantled motor vehicles or motor vehicle parts; however,
this definition does not include nor apply to businesses which
solely sell automotive parts and accessories.
(2) Junk: Any item, including, but not limited to,
dilapidated furniture, appliances, machinery, equipment, building
material, automobile parts, tires, or other items which are
either in a wholly or partially rusted, wrecked, junked,
dismantled, or inoperative condition; however, this definition
does not include nor apply to businesses which solely sell
automotive parts and accessories.
(3) Junkyard: An establishment or place of business
which is maintained or operated for the use of storing, keeping,
buying, or selling any junk, or for the maintenance or operation
of an automobile graveyard.
(4) Restrictions on new establis~nts: After
November 10, 1965, it shall be unlawful to establish or maintain
an automobile graveyard or junkyard without first obtaining a
special permit therefor from the Commission. In connection with
the issuance of those permits the following requirements shall be
applicable:
(a) Area: The minimum area of land to be used
shall not be less than 40,000 square feet and
the maximum area of land so used shall not
exceed 200,000 square feet.
(b) Screening of preaises: The area to be
occupied by the junkyard shall be entirely
surrounded by a substantial, continuous solid
fence or wall at least eight feet in height.
The fence or wall shall be of similar
composition, construction, and color
throughout and shall be constructed without
openings except for one entrance and ~ne
exit, the entrance and exit to be equipped
with solid gates. The gates shall be closed
and securely locked at all times, except
during business hours. Plans for the fence
or wall shall be submitted to the Commission
which shall determine whether or not the
proposed fence will meet the requirements of
this subchapter. No building permit shall be
issued for the construction of a fence or
wall until the approval of the Commission has
4325
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section 4.3.3 (S) (4)
been secured. The fence shall be maintained
in good order and shall not be allowed to
deteriorate.
(c) Application forms: Applications for the
issuance of special permits provided for
hereinabove shall be made upon forms to be
prescribed by the City Clerk.
(5 ) Restrictions on existing establishments: Since it
is the intent of this subchapter to minimize the extension of
nonconforming uses and to look to their possible eventual
elimination, any junkyard or automobile graveyard existing and
operating as a nonconforming use in any district on November 10,
1965, shall be allowed to continue its operations subject to the
following provisions, and all other applicable provisions of the
City Code and City Charter, to wit:
(a) Area: The actual area used for the operation
of junkyards or an automobile graveyard as of
November 10, 1965, shall not be increased at
any time or under any circumstance.
( b) Buildings: No additional permanent buildings
shall be erected and no presently existing
permanent buildings shall be structurally
altered to increase their bulk or square
footage area.
(c) Screening of pre.ises: erection, maintenance.
( 1) Within 90 days after November 10, 1965,
the area occupied by the junkyard shall
be entirely surrounded by a substantial,
continuous solid fence or wall at least
eight feet in height. The fence shall
meet the requirements of division (4)(b)
of this section and the procedure there
outlined for approval of the plans for a
fence shall be followed.
(2) It is the intent of this subchapter that
the time period allowed for the erection
of the fence is reasonable and that the
requirement of that fence is necessary
to accomplish the purposes of this
subchapter. A fence shall enclose a lot
or junkyard from public view; therefore,
it shall be unlawful for any person
operating an establishment to keep or
pile any wrecked automobiles or parts or
junk at a height exceeding eight feet.
4326
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER tI1vf
SUBJECT: AGENDA ITEM # /~ C - MEETING OF SEPTEMBER 28, 1993
ORDINANCE NO. 60-93
DATE: September 24, 1993
This is the first reading of an ordinance amending the Land
Development Regulations by amending Section 4.6.6, "Commercial and
Industrial Uses to Operate within a Building" , to provide for the
consolidation of regulations regarding allowable outside uses and
outside storage; by amending Section 4.4.19, "Mixed Industrial and
Commercial (MIC) District" , Section 4.4.20, "Industrial (I) District" ,
Section 4.4.21, "Community Facilities (CF) District, and Section
4.4.25, "Special Activities District (SAD)", all to provide for
uniform application of regulations regarding allowable outside uses.
The purpose of this ordinance is to simplify and clarify the existing
LDR provis ions regarding allowable outside uses. While most of the
changes contained in this amendment involve a reorganization and
clarification of existing language, one substantive change that is
being proposed involves the allowable locations of outside storage on
a site. Currently outside storage is allowed in rear yards only.
This language is unnecessarily restrictive, especially when applied to
properties that have rear or side oriented structures. The proposed
language would restrict outside storage from setback areas only.
The Planning and Zoning Board at their September 20th meeting
recommended approval. A detailed staff report is attached as backup
material for this item.
Recommend approval of Ordinance No. 60-93 on first reading. If passed
public hearing October 12th.
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ORDINANCE NO. 60-93
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
I .DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING
i REGULATIONS", OF THE LAND DEVELOPMENT REGULATIONS OF
I THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH,
I
FLORIDA, BY AMENDING SECTION 4.6.6, "COMMERCIAL AND
INDUSTRIAL USES TO OPERATE WITHIN A BUILDING", TO
PROVIDE FOR THE CONSOLIDATION OF REGULATIONS
REGARDING ALLOWABLE OUTSIDE USES AND OUTSIDE STORAGE;
BY AMENDING SECTION 4.4.19, "MIXED INDUSTRIAL AND
COMMERCIAL (MIC) DISTRICT" , SUBSECTIONS (C) AND (G) ,
SECTION 4.4.20, "INDUSTRIAL (I) DISTRICT", SUBSECTION
(G) , SECTION 4.4.21, "COMMUNITY FACILITIES (CF)
I DISTRICT" , SUBSECTIONS (C) AND (G) , AND SECTION
I 4.4.25, "SPECIAL ACTIVITIES DISTRICT (SAD)",
I SUBSECTION (G) , ALL TO PROVIDE FOR UNIFORM
APPLICATION OF REGULATIONS REGARDING ALLOWABLE
I OUTSIDE USES; PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
,
i WHEREAS, pursuant to LDR Section 1.1.6, the Planning and
I Zoning Board reviewed the subject matter at its meeting of September
! 20, 1993, and has forwarded the change with a recommendation of
approval; and,
WHEREAS, pursuant to Florida Statute 163.3174 (1) (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 4, "Zoning Regulations", Article
4.6 "Supplemental District Regulations", Section 4.6.6, "Commercial
and Industrial Uses to Operate Within a Building", of the Land
Development Regulations of the Code of Ordinances of the City of
Delray Beach, Florida, is hereby amended to read as follows:
Section 4.6.6 Commercial and Industrial Uses to Operate
Within a Building:
(A) Intent:
".
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(1) It is the intent of all commercial zone
districts, --rndustrial zone districts, and mixed use
districts that all principal uses be permanent rather than
transitory in nature and that they be conducted within a
completely enclosed building rather than outside. However,
certain aspects of a use may be conducted outside and such
! aspects are identified ~~t~Ln in (B) below. 't~~//n$~//rbf
I $tota~~/do~$/not//Lntlnd~/allowLn~/ot//t~~/pn~lLt/trb//~andl~
ptodntt$/ot/tot/sal~s/ot/tn$to~~t/$~tiLt~/to/~~/atto~o~at~~
In/a/stota~~/at~a'
(2 ) Certain c~onditional uses that are allowed
I within comm-ercial, industrial, and mixed use districts can
I be characterized as outside uses. Such operations may be
I conducted outside ~nt//~at//~~//tondttLrbn~~ when it is
specifically determined through the conditional use process
that the outside aspects of the use are appropriate.
I Conditions may be applied to mitigate visual and other
impacts.
(B) Allowable Outside Usage: The following aspects of
a use may be conducted outside, pursuant to the restrictions
listed in Section 4.6.6(C) below.
(1) Off-street parking
(2) Refuse and service areas'/~rbweiet'/$ni~/atea$
~n$t/~~/~~ilrb$e~//0~/t~t~~/$t~e$//a~~/~aie/it$i0n//0~$tnti~~
~ate$/0~/t~e/t0ntt~/$L~e//~~le$$/$ni~/atea$/ate/~0t//wL$i~le
ft0m/a~y/a~~aie~t/~~~lii/ti~~tf0ffway'
(3 ) Storage of nursery plants
I
(4 ) Fruit and vegetable displays
(5 ) Signage
(6 ) Outside dining areas w~e~/a/patt/rbf/a
t~stantant
(7 ) Loading and unloading of materials
(8) Outside storage where specifically permitted
within a zoning district
.
I - 2 - Ord. No. 60-93
I
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I (9) Activities associated with outside
t conditional uses, pursuant to (A) (2) above
(10) Retail displays
(C) Restrictions on Outside Usage: ~~tatI//0tsplats
0~tst~~t///~~tatl//~s~s//~ay//~tsplay//~~tt~a~~ts~//0~tst~~,
ad~atent/tc/tl'le//~ntldtn~/ti>ntatntn~/tl'le//i1atn/nse/nprhn//ti'l~
ti>IIi>wtn~/ti>ndttti>nst
(1) Screeninq of refuse and service areas.
Dumpsters, recycling containers, and similar service areas
must be enclosed on three sides and have vision obscuring
gates on the fourth side, unless such areas are not visible
from any adjacent public right-of-way. ~n//0tt~pati0~aI
Itt~~s~/~as/~~e~/0~tai~~~/~yl.t~~/~~si~ess/~aXt~~/t*~/~tsplal
tt0~/t~e/S~tl~t~~/0~patt~~~tt
(2) Outside storage. Materials and equipment
stored outside must be screened from view from adjacent
public rights-of-way in a manner approved by the Site Plan
Review and Appearance Board. Outside storage may not be
located within a required setback area. It is not intended
that sales or customer service be conducted in an area
designated for storage. W0//~tsplay/wtII//~~/p~t~itt~~//0~
p~~Iit/tt~l'ltsf0tfwal'/0t/at~as//~s~~/t0t/p~~Itt/tn~t~ss//a~~
~~t~ss/w~~t~~t/p~~Itt/0t/ptttat~/0vm~ts~tpt .
(3) Outdoor retail displays. Ti'le/ttte/0~patt~~~t
: ~ay/t~~~tt~/t~~/t~~i>tal/i>t/~i>~ttttati0~/0t/i>~tst~~//~tsplats
i ~pi>~/wtitt~n//i>t~~t'/wl'l~n//s~t~/~tsplats//ptet~nt/i>t//t~p~~e
i a~e~~at~/tn~t~ss/a~~/~~t~ss/t0t/~~~t~~nty/tel'lttI~st
I (a) Outdoor retail displays must be located
I adjacent to the building containing the main use, on
property owned or leased by the business conductinq the main
use. No display is permitted on public rights-of-way,
except when part of an approved special event.
(b) Outdoor display areas may not exceed 10%
of the square footage of the interior of the building which
contains the main use.
- 3 - Ord. No. 60-93
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I (c) When an outside display of plants is
I
I
I associated with nurseries and garden shops, one-half of the
i
I ground area devoted to such use shall be considered as
l
, "floor area" for the purposes of calculating and providing
I on-site parking.
I
I ( d) The Fire Marshal may require the removal
or modification of outside displays upon written order, when
such displays prevent or impede adequate ingress and egress
for emergency purposes.
A~Y//0tsplay/ts/pet~itte~/0rilY/~P0ri/pt0pettY/0~e~
0t/lease~/~y/t*e/~~striess/i0rid~ittri~/t*e/~atri/~se'
A3Y//A/~att~~/0t/t~~/~t/t*e/s~~ate/t~~ta~e/~t/t*e
t~teti0t/~t/t*e/~~tldtri~/i0ritatritri~/t*e/~atri/~se/~ay/~e/~sed
t0tI0~tstde/dtsplay'
1 A6Y//t*e/dtsplay/atea/ts/S*~~/0~/ari/appt0Ye~/stt~
I
ari~/~ewe10p~erit/plari'
A1Y//0~td00t//tetatl//ateal//t0t//sale//~t//ltwtri~
plaritsl/at/ri~tsette$/ari~/~at~e~/S*0PS/wtt~/t*e/pt~wts~Ilt*at
0~ef*alt/~t/t*e//~t~~~~/atea//~ew0te~/t0/s~i*//~se/$*all//~e
t0~st~ete~/as/Yt100t/ateay//t0t/t*e/p~tp~se$/~t//iili~lattri~
ari~/pt0wt~tri~/0nf$ite/pat~tri~'
Section 2. That Chapter 4, "Zoning Regulations", Article
4.4, "Base Zoning District", Section 4.4.19, "Mixed Industrial and
Commercial (MIC) District", Subsection 4.4.19(C), "Accessory Uses and
Structures Permitted", and Subsection 4.4.19 (G), "Supplemental
District Regulations", of the Land Development Regulations of the Code
of Ordinances of the City of Delray Beach, Florida, are hereby amended
to read as follows:
I (C) Accessory Uses and Structures Permitted: The
I following uses are allowed when a part of, or accessory to,
the principal use:
I (1) Parking lots
I
I
I (2 ) Refuse and service areas
( 3) provisions or services and repair of items
incidental to principal uses.
- 4 - Ord. No. 60-93
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( 4) Storage, of inventory, equipment, or
materials, ~it~~t within t~~/~a~~ a structure a~/w~~t~//t~~
ptintipal/~~~/i~/t0nd~tt~d/0t/in/a/i~patat~/~tt~tt~t~/0n/t~~
~ame/patt~l or in an approved outside location.
(G) Supplemental District Regulations: The
supplemental district regulations as set forth in Article
4.6 shall apply~ ettept/a$/~0dltied//a~d/added/p~t~~a~t//t0
t~e/f0110wi~rhl
~IY//0~t~ide/~t0tarhe/~at/~~//aI10wed/0~lt/i~//teat
lat~$/a~~/t*en//0~lt/w~e~/$itee~edllft0~/Yi~w/ft0~llad~aie~t
pt0pettie$/a~~/p~~lii/tirh*t~f0ffwat/i~/a/~a~~et/appt0Yed//~t
t*~jgite/'lan/~~ti~w/a~d/Appeata~i~/a0atdi
~Z11It~d~~ttialI10petat!0~~I/$*alll/~~llli0ftd~it~d
w~011t/wit~i~/a~/eftiI0~~d/~~ildin~/~tiept/t0t/~n10adi~~//aftd
10adift~/0f/~atetial$/a~~/0~t~ide/~t0ta~~'/iftil~dinrh//~t0ta~~
0t/t~~iil~~'/p~t~~a~t/t0/~~1~IY/a~0t~i
Section 3. That Chapter 4, "Zoning Regulations", Article
4 . 4 , "Base Zoning District", Section 4.4.20, "Industrial (I)
District", Subsection 4.4.20(G), "Supplemental District Regulations",
of the Land Development Regulations of the Code of Ordinances of the
City of Delray Beach, Florida, is hereby amended to read as follows:
(G) Supplemental District Regulations: The
supplemental district regulations as set forth in Article
4.6 shall apply~ ettept/a$/~0difi~d/land/added/p~t~~a~tllt0
t*e/f0110winrhl
~IY//0~t$ide/~t0ta~e/~at/~~//aI10wed/0nlt/i~//teat
tat~./a~~/t~enl/0nltlw*e~/$iteened//ft0m/ti~w/ft0m/lad~aie~t
pt0pettie$/ani/p~~lii/tirh~t~f0ffwat/!~/a/~an~et/appt0ted/I~t
t~~/gite/'lan/~~ti~w/and/APpeatani~/a0atdi
~ZYllt~d~$tt!al//10petat!0~~/llla~s0tiat~dllllwit~
ptiniipal/~~e./$~all/~e/i0nd~ited/w~011t/wit~in/an//eni10~ed
~~ildi~~/~tiept/f0t/~~10adinrh//and/10adin~/0f/~atetial~//and
0~t~ide/st0ta~e'/inil~din~/~t0ta~e/0f/a~t0~0~ile~'//p~t~~ant
to/~~Y~11Ia~0Yei
- 5 - Ord. No. 60-93
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Section 4. That Chapter 4, "Zoning Regulations", Article
4 . 4 , "Base Zoning District", Section 4.4.21, "Community Facilities
(CF) District", Subsection 4.4.21(C), "Accessory Uses and Structures
permi t ted", and Subsection 4.4.21 (G), "Supplemental District
Regulations", of the Land Development Regulations of the Code of
Ordinances of the City of Delray Beach, Florida, are hereby amended to
read as follows:
(C) Accessory Uses and Structures Permitted: The
following uses are allowed when a part of, or accessory to,
the principal use:
(1) Parking lots and garages
(2 ) Service and refuse areas
(3 ) Cafeterias, snack bars, restaurants, exercise
facilities, etc., when contained in the same structure as
the principal use.
(4 ) Storage of inventory, equipment, or
materials, within a structure or in an approved outside
location.
(G) Supplemental District Regulations: The
supplemental district regulations as set forth in Article
4.6 shall apply~ ~t~e~t/a$/~~~ltle~//a~~/a~~e~/p~t8~a~t//t~
t'l1e/t~ll~wl~rgJ
~lY//0~t8l~e/8t~targe/~ay/~e//all~we~/~~ly/l~//teat
tat~$/a~~/t*en//~nly/w'l1e~/$itee~e~//tt~~/~l~w/tt~~//a~~a~e~t
pt0~ettle$/a~~/~~~lli/tlrg'l1t8f~tfway/l~/a/~a~~et/appt~~e~//~l
t'l1~/glte/;lin/~~il~w/a~~/A~~eata~~~/B0at~'
Section 5. That Chapter 4, "Zoning Regulations", Article
4.4, "Base Zoning District", Section 4.4.25, "Special Activities
District (SAD)" , Subsection 4.4.25(G), "Supplemental District
Regulations", of the Land Development Regulations of the Code of
Ordinances of the City of Delray Beach, Florida, is hereby amended to
read as follows:
(G) Supplemental District Regulations: The
supplemental district regulations as set forth in Article
4.6 shall apply except as modified by the following:
- 6 - Ord. No. 60-93
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~lY//0~tsi~~/st~ta~~/~at/~e//alI0we~/0~lt/i~//teat
tat0s/a~0/t~~~//0~lt/w~~~/$~t~~~e~//tt0~/wiew/tt0~//a~~a~e~t
pt~pettie$/a~0/p~~li~/ti~~ts~0t~wat'
~2Y Parking and loading requirements (number of
spaces) shall be as set forth on the site and development
plan.
Section 6. 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 7. That all ordinances or parts of ordinances which
are in conflict herewith are hereby repealed.
Section 8. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on' second and final
reading on this the day of , 1993.
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: T. HARDEN, CITY MANAGER
" \~ ~k
THRU: ~--:-)(O A , -OfREC OR
DEPARTMENT OF PLANNING
FROM: DIANE DOMINGUE~lli
PRINCIPAL PLANNE .
SUBJECT: MEETING OF SEPTEMBER 28, 1993
LDR AMENDMENT REGARDING ALLOWABLE
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of an amendment to the LDRs that would streamline
the provisions and regulations regarding allowable outside
uses and outside storage.
The affected LDR sections are 4.6.6 Commercial and
Industrial Uses to Operate Within a Buildinq; 4.4.19 Mixed
Industrial and Commercial (MIC) District; 4.4.20 Industrial
( I) District; 4.4.21 Community Facilities (CF) District;
and 4.4.25 Special Activities District (SAD)
B A C K G R 0 U N D:
The purpose of this amendment is to simplify and clarify the
existing LDR provisions regarding allowable outside uses.
Outside uses are currently addressed in various sections of the
LDRs. Within those secti~ there are numerous inconsistencies
as to where outside use allowed, and the restrictions that
apply. This amendment will consolidate the regulations within
Section 4.6.6., Commercial and Industrial Uses to Operate Within
a Buildinq. As this section applies to all commercial and
industrial zoning districts, the regulations can be applied
uniformly. Conflicts that currently exist between Section 4.6.6
and the regulations within the individual zoning districts will
be eliminated.
While most of the changes contained in this amendment involve a
reorganization and clar.ification of existing language, one
substantive change that is being proposed involves the allowable
locations of outside storage on a site. Currently outside
storage is allowed in rear yards only. This language is
unnecessarily restrictive, especially when applied to properties
,"
City Commission Documentation
LDR Amendment Re: Allowable Outside Uses
Page 2
that have rear- or side-oriented structures. The language in
this amendment would restrict outside storage from setback areas
only. The current provisions requiring the storage to be
screened in a manner approved by SPRAB would still apply.
The attached Planning and Zoning Board staff report provides the
specific language of the text amendment and a more thorough
description of the changes.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at its
meeting of September 20, 1993. There was no public comment on
the item. The Board voted 5-0 (Golder and Currie absent) to
recommend approval of the amendment.
RECOMMEND E D ACT ION:
By motion, approve the enacting ordinance that will amend
Sections 4.4.6, 4.4.19, 4.4.20, 4.4.21, 4.4.25 of the Land
Development Regulations regarding allowable outside usage.
Attachment:
* P&Z Staff Report & Documentation of september 20, 1993
* Ordiance by others
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PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
FOR
L.D.R. AMENDMENTS
MEETING DATE: September 20, 1993
AGENDA ITEM: IV.B.
SUBJECT: Changes to LDRs reI Allowable Outside Uses
LOR REFERENCE: Section 4.6.6 Commercial and Industrial Uses
to Operate Within a Buildinq; Section 4.4.19
Mixed Industrial and Commercial (MIC) District;
Section 4.4.20 Industrial (I) District; Section
4.4.21 Community Facilities (CF) District; and
Section 4.4.25 Special Activities District (SAD)
I T E M B E FOR E THE BOARD
The item before the Board is that of making a
recommendation to the City Commission on a proposed
modification to the City's Land Development Regulations
( LDRs) . The general subject is that of outside uses and
their regulation.
Pursuant to LOR Section 1.1.6, no amendment may be made
until a recommendation is obtained from the Planning and
zoning Board.
Pursuant to F.S. 163.3194(2), the Planning and Zoning Board
is to review the proposed amendment with respect to its
relationship to the adopted Comprehensive Plan of the City.
BACKGROUND
Within the Land Development Regulations there are several
provisions regulating the types and location of allowable
outside uses, and the conditions under which such uses can
be permitted. Some of the regulations are included within the
individual zoning districts, and some are addressed in LOR
Section 4.6.6, Commercial and Industrial Uses to Operate Within
a Building. This section of the Supplemental District
Regulations is intended to apply to all commercial and
industrial districts. In some instances the regulations
contained within the individual zoning districts conflict with
those of 4.6.6.
For instance, most of the conditional uses that are allowed in
the industrial, commercial, and mixed use zoning districts can
be characterized as outside uses (such as drive-in theaters,
miniature golf courses, lumberyards, modular building sales, and
others). However, the specific district regulations for the
zoning classifications in which those uses are permitted contain
IV.B.
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P&Z Memorandum Staff Report
Text Amendment Re: Outside Uses
Page 2
provisions stating that all uses must be conducted within wholly
enclosed buildings. Similarly, regulations regarding outside
storage are contained within the MIC (Mixed Industrial and
Commercial), I (Industrial), SAD (Special Activities District),
and CF (Community Facilities) zoning districts. However, only
the Industrial district specifically lists outside storage as an
allowable accessory use.
PRO P 0 SED A MEN 0 MEN T
As outside uses are specifically addressed in several individual
zoning districts, as well as in the Supplemental District
Regulations, the amendment affects several sections of the LDRs.
It is important to note that most of the changes included in
this amendment relate to the means by which the provisions
regarding outside uses are organized within the code, and do not
alter the actual substance of the provisions themselves. The
section that is most significantly modified is Section 4.6.6,
which contains the Supplemental District Regulations that
provide guidelines for outdoor usage. This amendment will
delete the provisions regarding outside uses that are now
contained within individual zoning district regulations, and
will instead summarize them all within Section 4.6.6. As 4.6.6
applies to all commercial and industrial districts, this change
will ensure that the regulations are applied consistently to the
affected zones, and that conflicts with language in the
individual district regulations are eliminated.
The individual district regulations that are affected by this
amendment are in the the MIC, I, CF, and SAD zoning districts.
The specific changes to all affected code sections are attached
as back-up to this report. A summary of the changes follows.
Section 4.6.6 Commercial and Industrial Uses to Operate Within
a Building
This section will be re-organized and modified to provide a
clearer breakdown of the regulations on outside uses within
commercial and industrial districts. First, within the
Intent Statement, a clearer distinction is made between
principal and conditional uses. Principal uses are
intended to be operated indoors; certain conditional uses
may be conducted outside when specifically allowed to do so
through the conditional use process, with appropriate
conditions attached.
Second, the section on Allowable Outside Usage is modified
to simply state what those allowable uses are. They
include such uses as parking, refuse and service areas,
fruit and vegetable displays, outside dining, etc.
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P&Z Memorandum staff Report
Text Amendment Re: Outside Uses
Page 3
Third, the restrictions and conditions applicable to those
allowable outside uses are listed. For example, refuse
areas (dumpsters) must be screened, outside storage can
only be located in certain areas and must be screened, and
retail displays are subject to a number of restrictions on
location and size of display area.
While most of these changes are a modification and
clarification of existing language, there is one
substantive change which involves outside storage. The
existing regulations on outside storage (which are
currently repeated in each of the zoning districts that
allows outside storage), restrict its location to "rear
yards." The LDRs define rear yards as the area between the
rear of a building and the rear property line. This
provision is unnecessarily restrictive, especially when
applied to sites that have buildings which are set back a
substantial distance from the front property line, or are
placed along one side of a property (i.e. Causeway Lumber,
Keystone Creations). It would be more appropriate to
ensure that outside storage be located outside of any
required setback areas (front, side, or rear), and that it
be adequately screened. The language regarding outside
storage is changed accordingly with the proposed amendment.
Sections 4.4.l9(G), 4.4.20(G), 4.4.21(G), 4.4.25(G),
Supplemental District Requlations--individual supplemental
regulations included within the MIC, I, CF, and SAD zoning
districts.
Within each of the above listed zoning districts there are
special Supplemental District Regulations regarding the
location and screening of outside storage. The MIC and I
districts also include individual regulations requiring
operations to be conducted within enclosed buildings. In
some instances those provisions conflict with the
provisions of 4.6.6 regarding allowable outside uses. With
the clarification of the language in 4.6.6, and the
inclusion of the screening and locational requirements on
outside storage within that Section, it is appropriate to
delete the regulations currently included in the individual
districts.
Section 4.4.21 (e) Accessory Uses and Structures Permitted (CF
zoning district)
Outside storage is regulated in the CF zoning district,
within the Supplemental District Regulations of the
district itself. With the deletion of the regulations on
outside storage within the individual zoning distric~s (as
explained above), all references to outside storage within
the district will be deleted. Therefore, it is appropriate
to list it as an Allowable Accessory Use. It will remain
subject to the restrictions on location and screening as
provided in Section 4.6.6.
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P&Z Memorandum staff Report
Text Amendment Re: Outside Uses
Page 4
Section 4.4.19 (C) Accessory Uses and Structures Permitted CHIC
zoning district)
As with the CF district, outside storage is permitted in
the HIC district per the special Supplemental District
Regulations included within that district. However, the
section in the MIC regulations regarding Accessory Uses
currently contains language stating that storage which is
allowed as an accessory use must be contained within a
building. This amendment would correct this inconsistency
by listing as an allowable accessory use: "Storage of
inventory, equipment, or materials, within a structure or
in an approved outside location."
A N A L Y S I S
The intent of this amendment is to simplify and clarify the
existing LDR provisions related to outside uses. All of the
regulations will be contained within one Section, 4.6.6, which
will apply uniformly to all zoning districts. Conflicts that
currently exist between the provisions in 4.6.6 and those
contained within the individual zoning districts will be
eliminated.
The most substantive change involves the location of outside
storage. The amendment will allow greater flexibility in the
placement of such storage on a site, while maintaining the
necessary provisions for screening the storage.
ALTBRNATIVB ACT ION S
1. Recommend denial in that the proposed amendment will
diminish the City's ability to monitor and enforce
regulations regarding outside uses.
2. Recommend approval based upon a finding that the proposed
amendment is consistent with and furthers the Comprehensive
Plan by streamlining the Land Development Regulations.
3. Continue with direction.
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P&Z Memorandum staff Report
Text Amendment Re: Outside Uses
Page 5
R E COM MEN D E D ACT ION
By motion: recommend to the City Commission that the amendments
to Section 4.6.6, 4.4.19, 4.4.20, 4.4.21, and 4.4.25 as further
described within this report be adopted, based upon a finding
that the amendment furthers the Comprehensive Plan through a
streamlining of regulations.
Attachments:
* Current text of Section 4.6.6
* Proposed amendments to Sections 4.6.6, 4.4.19(C) and (G),
4.4.20(G), 4.4.21(C) and (G), and 4.4.25(G).
Report prepared Date W
Report reviewed Date .=I { 17(13
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Section 4.6.6
Section 4.6.6 Commercial and Industrial Uses to Operate
Within a Building:
(A) Intent: It is the intent of all commercial zone
districts, industrial zone districts, and mixed use districts
that all principal uses be permanent rather than transitory in
nature and that they be conducted within a completely enclosed
building rather than outside. However, certain aspects of a use
may be conducted outside and such aspects are identified herein.
The use of storage does not include allowing of the public to
handle products or for sales or customer service to be
accommodated in a storage area. Conditional uses allowed within
commercial, industrial, and mixed use districts may be conducted
outside but may be conditioned to mitigate visual and other
impacts.
(B) Allowable OUtside Usage:
( 1) Off-street parking
(2) Refuse and service areas, however, such areas must
be enclosed on three sides and have vision qbscuring gates on the
fourth side unless such areas are not visible from any adjacent
public right-of-way.
(3) Storage of nursery plants
(4 ) Fruit and vegetable displays
-
(5 ) Signage
(6) Outside dining areas when a part of a restaurant.
(C) Retail Displays OUtside: Retail uses may display
merchandise outside, adjacent to the building containing the main
use upon the following conditions:
(1) An occupational license has been obtained by the
business making the display from the Building Department.
(2) No display will be permitted on public
right-of-ways, or areas used for public ingress and egress
whether public or private ownership.
(3) The Fire Department may require the removal or
modification of outside displays upon written order, when such
displays prevent or impede adequate ingress and egress for
emergency vehicles.
4607
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Section 4.6.7
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( 4 ) Display is permitted only upon property owned or
leased by the business conducting the main use.
(5 ) A maximum of 10% of the square footage of the
interior of the building containing the main use may be used for
outside display.
(6 ) The display area is shown on an approved site and
development plan.
(7 ) Outdoor retail area, for sale of living plants, at
nurseries and garden shops with the proviso that one-half of the
ground area devoted to such use shall be considered as "floor
area" for the purposes of calculating and providing on-site
parking.
Signs
o Section 2.4.6(0) and (E) for submission
and proc dures for obtaining a sign permit or a
Program. )
(A) R It shall be unlawful for persons to post,
display, cha e, or erect a nonexempt sign r a sign structure
without first ving obtained a permit the for. Signs or sign
structures erec d without a valid perm shall be deemed in
violation and it hall be mandatory to 0 ain a permit, based on
this Section, or se remove the sign or sign structure. Signs
erected, under a va d permit, prior 0 January I, 1987, which
have since become n conforming sh be allowed to remain in
accordance with the me limitati and structure requirements
set forth in Section 4. .7(H) .
(B) ExelllPt Signs: e lowing signs are exempt from the
provisions of this Section, e allowed to be erected in the City
of Delray Beach, and do no equire a permit:
(1) Real
(a) sign per the sign being less than
hree square in area on residentially
zoned property;
One additional sig per lot may be erected on
a lot which borders waterway provided that
it is located along e waterways; said sign
shall not exceed nine uare feet in area;
(c) One sign per being less than
nine square feet nonresidential
zoned property;
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PROPOSED AMENDMENT REGARDING ALLOWABLE OUTSIDE USES
Section 4.6.6 Commercial and Industrial Uses to Operate
Within a Buildinq
(A) Intent:
ill It is the intent of all commercial zone
districts, industrial zone districts, and mixed use districts
that all principal uses be permanent rather than transitory
in nature and that they be conducted within a completely
enclosed building. However, certain aspects of a use may be
conducted outside and such aspects are identified M~t~f~ in (B)
below.
(2) Certain c~onditional uses that are allowed within
commercial, industrial, and mixed use districts can be
characterized as outside uses. Such operations may be conducted
outside ~_t itat ~t6 tllS~eUtfllS~t6et when it is specifically
determined throuqh the conditional use process that the outside
aspects of the use are appropriate. Conditions may be applied
to mitigate visual and other impacts.
(B) Allowable Outside Usaqe: The followinq aspects of a
use may be conducted outside, pursuant to the restrictions
listed in 4.6.6(C) below.
( 1) Off-street parking.
(2) Refuse and service areasl MlISwelt6tl ___tM at~a.
it___t ~~ e~tlllS__eet lIS~ tMtee __fett6__ a~et Malt6 If__fllS~ lIS~__t_tf~~ ~ate__
lIS~ tM~ tllS_ttM __fet~ _~l~____ ___tM at~a__ at~ ~lISt If__f~l~ ttllSit a~t
aet8at~~t p_~lft tf~MtfllStfwat.
(3 ) Storage of nursery plants.
(4) Fruit and vegetable displays.
(5) Signage.
(6 ) Outside dining areas wMe~ patt lISt a t~__ta_ta~t.
(7) Loadinq and unloadinq of materials.
(8) Outside storage where speCifically permitted
within a zoninq district.
(9) Activities associated with outside conditional
uses, pursuant to (A)(2) above.
C1O) Retail displays.
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Text Amendment Re: Outside Uses
Page 2
(C) Restrictions on Outside Useage
( 1) Screening of refuse and service areas: Dumpsters,
recycling containers, and similar service areas must
be enclosed on three sides and have vision obscuring
gates on the fourth side, unless such areas are not
visible from any ad1acent public right-of-way.
( 2) Outside storage: Materials and equipment stored
outside must be screened from view from ad1acent
public rights-of-way in a manner approved by the Site
Plan Review and Appearance Board. Outside storage may
not be located within a required setback area. It is
not intended that sales or customer service be
conducted in an area designated for storage.
( 3) Outdoor retail displays:
(a) Outdoor retail displays must be located
ad1acent to the building containing the main use, on
property owned or leased by the business conducting
the main use. No display is permitted on public
rights-of-way, except when part of an approved special
event.
(b) Outdoor display areas may not exceed 10' of
the square footage of the interior of the building
which contains the main use.
(c) When an outside display of plants is
associated with nurseries and garden shops , one-half
of the ground area devoted to such use shall be
considered as "floor area" for the purposes of
calculating and providing on-site parking.
(d) The Fire Marshal may require the removal or
modification of outside displays upon written order,
when such displays prevent or impede adequate ingress
and egress for emergency purposes.
(~I R'tall 0l~~la1~ 0~t~ld" R'tall lt~,~ tlat dl~plat
tl'ttKaJldl~t16 ;,ltt~ldtl61 adlat'Jlt t;, tK' >>ltlldlJl~ t;,JltalJllJl~ tKt16
tlalJl lt~t16 ltp;,Jl tKt16 f;,ll;,wlJl~ t;,Jldltl;,Jl~'
(II AJl ;,ttltpatl;,Jlal Ilt'Jl~' Ka~ >>"Jl ;,>>talJl'd >>1 tKt16
>>lt~lJl'~~ tlaXlJl~ tK' dl~plat ft;,tl tK' 8ltlldlJl~ 0'patttl'Jltl
(21 M;, dl_plat wlll >>, ptl6ttlltt~d ;,Jl plt>>llt tl~Ktl;'f/wat_1
;,t at'a~ lt~'fl f;,t plt>>llt lJl~ttl6~~ aJlfl ~~t,~~ wK~tKtI6t plt>>llt ;,t
ptl1at";'wJl't~Klpl
(31 'lKt16 Fltt16 0t16pattJitl6Jlt tlat t'Gt~ltt16 tKt16 t'tl;,1al ;,t
tl;,dlfltatl;,Jl ;,f ;,ltt~lflt16 dl~plat~ ltp;,Jl wtltt~Jl ;,tdtl6tl wK'Jl ~lttK
dl~plat~ pt'1'Jlt ;,t ltlp'flt16 afl'Gtltat' lJl~t'~~ aJlfl ,~t,~~ f;,t
,tl,t~'Jltt 1'Kltl'~I
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Text Amendment Re: Outside Uses
Page 3
(II 01~p141 l~ peb\ltted r/Jri11 ~pr/Jri ptr/Jpett1 r/Jwried r/Jt
le4~ed ~1 tKe ~~~lrie~~ tr/Jrid~ttlri! tKe ~41ri ~~eJ
(II A ~4tl~~~ r/Jt lei r/Jt tKe ~~~4te tr/Jr/Jt4!e r/Jt tKe lritetlr/Jt
r/Jt tKe ~~lldlri! tr/Jrit4Irilri! tKe ~41ri ~~e ~41 ~e ~~ed tr/Jt r/J~t~lde
dl~pl41J
(Sl 'lKe dl~pla1 ate a l~ ~Kr/Jwri r/Jri 4ri 4pptr/Jied ~lte 4rid
deielr/Jp~erit plariJ
(71 0~tdr/Jr/Jt tet411 atea' tr/Jt ~ale r/Jt llilri! pI4rit~' at
ri~t~etle~ 4rid !atderi ~Kr/Jp~ wltK tKe ptr/Jil~r/J tKat r/JriefKalt r/Jt tKe
!tr/J~rid atea deir/Jted tr/J ~~tK ~~e ~Kall ~e tr/Jri~tdeted a~ Ytlr/Jr/Jt
4teaY tr/Jt tKe p~tpr/J~e~ r/Jt talt~latlri! arid ptr/Ji ldlri! r/Jrif~lte
patXlri!J
Section 4.4.19 Mixed Industrial and Commercial (HIC) District:
(e) Accessory Uses and Structures Permitted: The
following uses are allowed when a part of, or accessory to, the
principal use:
( 1) Parking lots
(2 ) Refuse and service areas
(3) Provisions or services and repair of items
incidental to principal uses.
(4) Storage of inventory, equipment, or materials ,
within tKe ~a.e a structure a~ wKete tKe ptlritlpal ~~e l~
tr/Jrid~tted r/Jt lri a iepatat. ~tt~tt~te r/Jri tKe ~a.e pattel or in an
approved outside location.
(G) Supplemental District Regulations: The supplemental
district regulations as set forth in Article 4.6 shall apply.
ettept a~ ~r/Jdltled arid added p~t~~arit tr/J tKe t~ll~wlri!' -
(II 0~t~lde ~t~ta!e .a1 ~e all~wed ~ri11 lri teat 1atd~
arid tKeri ~ri11 wKe;.. ~ttee;..ed tt~. ilew tt~. ad6ate;..t ptr/Jpettle_
arid p~~lle tl!Kt_f~tfwa1 I;" a .ari;..et appt~ied ~1 tKe 8lte PIa;"
Reilew arid Appeatariee 8~atdJ
(21 Xrid~~ttlal ~petatl~ri~ _Kall ~e e~rid~eted wK~111
wltKlri ari eritl~_ed ~~lldlri! ettept t~t ~ril~adl;..! arid l~adlri! r/Jt
~atetlal~ arid ~~t~lde ~t~ta!e' lritl~dl;..! ~t~ta!e ~t ieKltle_,
p~t~~arit t~ (~1(11' a~~i.J
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Text Amendment Re: Outside Uses
Page 4
Section 4.4.20 Industrial (I) District
(G) Supplemental District Regulations: The supplemental
district regulations as set forth in Article 4.6 shall apply~
~tt~pt a~ m0~ltl~~ ari~ a~~~~ p~t~~arit to tK~ t0ZZ0wlrigl
(11 0~t~l~~ ~t0t4g~ mat ~~ aZZ0W~~ 0riZt lri t~4t tat~~
ari~ tK~ri 0riZt wK~ri ~tt~~ri~~ tt0m tl~w tt0m a~6at~rit pt0p~ttl~~
ari~ p~~Zlt tlgKt~~0t~wat lri a mariri~t appt0t~~ ~t tK~ 8Lt~ 'Zari
R~tl~w ari~ App~atarit~ 80atdJ
(21 lrid~~ttlaZ 0p~tatl0ri~ a~~0tlat~d wLtK ptlritlpaZ
~~~~ ~KaZZ ~~ t0rid~tt~~ WK0ZZt wltKlri ari ~ritZ0~~d ~~lZ~lrig
~tt~pt t0t ~riZ0a~lrig arid Z0a~lrig 0t mat~tlaZ~ ari~ 0~t~ld~
~t0tag~1 lritZ~~lrig ~t0tag~ 0t a~t0m0~lZ~~1 p~t~~arit to (~I(Ill
4~0t~J
Section 4.4.21 Community Facilities (CF) District
(C) Accessory Uses and Structures Permitted: The
following uses are allowed when a part of, or accessory to, the
principal use:
( l) Parking lots and garages
(2) Service and refuse areas
(3) Cafeterias, snack bars, restaurants, exercise
facilities, etc., when contained in the same structure as the
principal use.
(4) Storage of inventory, equipment, or materials,
within a structure or in an approved outside location.
(G) Supplemental District Regulations: The supplemental
district regulations as set forth in Article 4.6 shall apply.
~tt~pt a~ m0dltL~d arid a~d~d p~t~~arit to tK~ t0ZZ0wlrigl -
(11 0~t~ld~ ~t0t4g~ mat ~~ aIZ0w~d 0riZt lri t~4t tatd~
arid tK~ri 0riZt wK~ri ~tt~~ri~d tt0a tl~w tt0a ad6at~rit pt0p~ttl~~
4ri~ p~~Zlt tlgKt~~0t~wat lri 4 mariri~t appt0t~d ~t tK~ 8lt~ 'Zari
R~tL~w arid App~atarit~ 80atdJ
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Text Amendment Re: outside Uses
Page 5
Section 4.4.25 Special Activities District (SAD)
(G) Supplemental District Requlations: The supplemental
district regulations as set forth in Article 4.6 shall apply
except as modified by the following:
( I) 0~t_l~. _t~t.i. ~.t ~. all~w.~ ~rilt lri t.at t.t~-
.ri~ tKeri ~rilt wK.ri _tteeri.~ tt~~ il.w tt~~ .~8.t.rit pt~p.ttl._
.ri~ p~~llt tliKt_/~tlw.t'
(21 Parking and loading requirements (number of
spaces) shall be as set forth on the site and development plan.
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