10-12-93 Regular
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DElRAY BEACH
. CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION REGULAR MEETING ~ :
OC'rQBER 1.. 192J - 6,00 p.M./PUBLIC ~E"RING 7,00 ~.f1. '11""
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COMMISSION CHAMBERS ~
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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 th~s
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
Regular Meeting
10/12/93
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 persons may need to ensure that
a verbatim record of the proceedings is made, which record includes
the testimony and evidence upon which the appeal is to be based. The
City 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:
Regular Meeting of September 28, 1993
6. Proclamations:
A. Crime Prevention Month - October 1993
B. Congratulating the Delray Beach Housing Authority and Carver
Estates for receiving the Operation Greenspace Award.
7. Presentations:
A. Carla Bryant - West Atlantic Avenue Redevelopment
8. Consent Agenda: City Manager recommends approval.
A. LEASE AGREEMENT WITH INDIVIDUAL PROPERTY OWNER AND DELRAY
ESTATES CONDOMINIUM ASSOCIATION: Approve a lease agreement with
the owner of property at 1541 Catherine Drive and the Delray
Estates Condominium Association for the purpose of establishing I
a Police Substation at Delray Estates. I
B. TEMPORARY USE APPROVAL: Grant temporary use approval to
establish a Police Substation in a residential unit at Delray
Estates. i
C. AGREEMENT WITH FLORIDA DEPARTMENT OF REVENUE: Approve an
agreement with the Florida Department of Revenue to provide for
the sharing of certain information under the Registration
Information Sharing and Exchange program.
D. ACCEPTANCE offer from :
OF SETTLEMENT OFFER: Accept an Mr.
Wildor Graindor to settle pending litigation against the City. ,
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E. APPROVAL OF RIGHT OF ENTRY AGREEMENTS: Approve
right-of-entry agreements with various property owners in
conjunction with the roadway reconstruction project east of the
Intracoastal Waterway.
F. SUBLEASE AGREEMENT/CASON COTTAGE: Approve a sublease
agreement between the Delray Beach Historical Society and the
Palm Beach County Preservation Board for the Cason Cottage
property.
G. PERFECT HARMONY FESTIVAL: Approve a special events permit
for the Perfect Harmony Festival.
H. AUTHORIZATION TO PROCEED/POST-CONSTRUCTION ENVIRONMENTAL
MONITORING PROJECT: Authorize staff to proceed with the
Post-Construction Environmental Monitoring Study phase of the
Beach Renourishment project through the contract with Coastal
Planning and Engineering, Inc. , in an amount not to exceed
$50,626, with funding from Beach Restoration Fund - Beach
Renourishment (Account No. 332-4164-572-63.40) .
I. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA
J. AUTHORIZATION TO PROCEED/ONE-YEAR PERFORMANCE ENVIRONMENTAL
MONITORING PROJECT: Authorize staff to proceed with the One-Year
Performance Monitoring Study phase of the Beach Renourishment
project through the contract with Coastal Planning and
Engineering, Inc. , in an amount not to exceed $29,700, with
funding from Beach Restoration Fund - Beach Renourishment
(Account No. 332-4164-572-63.40).
K. REOUEST FOR FINAL PAYMENT/CH2M HILL: Approve a request for
final payment in the amount of $271.13 from Cli2M Hill for
completion of engineering services in conjunction with Extension
of Water and Sewer Services to Former Enclave Area 13, 24, and
31 ; with funding from 1991 Water and Sewer Revenue Bond -
Enclaves Phase I - Engineering and Architect (Account No.
447-5167-536-31.30.
L. DEDUCT CHANGE ORDER NO 1. AND REOUEST FOR FINAL PAYMENT/WRONO
ENTERPRISES: Approve a deduct change order in the amount of
$2,251 to the contract with Wrono Enterprises and a request for
final payment in the amount of $21,747; with funding from Water
and Sewer Fund - Buildings (Account No. 441-5161-536-60.31) and
Public Works Administration - Buildings (Account No.
001-3111-534-62.10).
M. AWARD OF BIDS AND CONTRACTS:
1. Two (2 ) Greens Mowers and One (1) Sand Rake - Municipal Golf
Course - (via GSA contract) in the amount of $35,720.41 with
funding from Golf Course - Other Equipment (Account No.
445-4761-572-64.90).
2. Tractor/Loader - Municipal Golf Course - Ford New Holland
(via State contract) in the amount of $15,597 with funding from
Golf Course - Other Equipment (Account No. 445-4761-572-64.90).
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3. Bulk Quick Lime - Environmental Service - Dravo Lime Company
(via Palm Beach County Bid) in the estimated annual amount of
$273,094.99 with funding from Water Treatment Plant - Chemicals
(Account No. 441-5122-536-52.21) .
4. Sanitary Sewer Waste Pump Out Station - City Marina - Ray
Qualmann Marine Construction in the amount of $11,300 with
funding from City Marina Fund - Other Improvements (Account No.
426-4311-575-63.90).
5 . progen and DBGen Database Software and Software Maintenance
Contract - Management Information Systems - Business Computer
Design in the amount of $13,440 with funding from MIS Operating
Capital - Software (Account No. 001-1811-513-66.10 and MIS
Operating Capital - Equipment Maintenance (Account No.
001-1811-513-46.20.
N. CHANGE ORDER NO. 3 AND REOUEST FOR FINAL PAYMENT/FIREMAN'S
FUND INSURANCE COMPANY (Falkav/Continental): Approve a change
order in the amount of $60,201.14 and a request for final payment
in the amount of $111,736.40 from Fireman's Fund Insurance
Company for completion of the Tennis Stadium project¡ with
funding from General Construction Fund - Tennis Center/Stadium
Phase I (Account No. 334-4145-572-63.41 and 001-4124-572-34.90)
O. DEDUCT CHANGE ORDER NO. 1 AND REOUEST FOR FINAL
PAYMENT/ELKINS CONSTRUCTORS. INC: Approve a deduct change order
in the amount of $20,071 and a request for final payment in the
amount of $72,652 from Elkins Constructors, Inc. for completion
of the South Water Reservoir Rehabilitation¡ with funding from
Water and Sewer Renewal and Replacement - South Reservoir Rehab
(Account No. 442-5178-536-61.80).
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
27, 1993 through October 8, 1993.
B. DETERMINATION OF ARCHITECTURAL COMPATIBILITY/OUTBACK
STEAKHOUSE: Consider whether the architectural elevations for
the Outback Steakhouse is compatible with the other structures
located within the Delray Crossing Shopping Center. The Site
Plan Review and Appearance Board recommends approval.
C. RESOLUTION NO. 97-93: A resolution authorizing the Community
Redevelopment Agency to acquire certain real property known as
Lots 5 through 10, Block 53, Town of Linton. City Manager
recommends approval.
D. PENSION SETTLEMENT AGREEMENT: Consider an agreement with the
Board of Trustees of the City of Delray Beach Police Officers and
Firefighters Retirement System ( Board) , Professional Firefighters
of Delray Beach, Local 1842 (IAFF), and the Police Benevolent
Association ( PBA) , to resolve all issues related to the use of
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Regular Meeting
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insurance premium tax revenues in connection with the City of
Delray Beach Police Officers and Firefighter Retirement System.
E. RESOLUTION NO. 96-93: A resolution amending Resolution No.
18-91 which established the Kids and Cops Committee by amending
the membership composition to include a representative from MAD
DADS.
F. RESOLUTION NO. 98-93: A resolution authorizing the issuance
of not to exceed $610,000 in aggregate principal amount Utility
Tax Revenue Notes, pursuant to a line of credit made available
through Sun Bank/South Florida, N.A. , for the purpose of
providing short term financing for Tennis Center Phase II and
Pompey Park Improvements. City Manager recommends approval.
G. ANNUAL HALLOWEEN PARADE: Approve the special event permit
for the Annual Halloween Parade to be held October 30, 1993 and
consider a request from the Kiwanis Club for waiver of overtime
costs for off-duty police officer support. Staff recommends
denial of waiver request.
H. SERVICE AUTHORIZATION NO. 4/DIGBY BRIDGES. MARSH AND
ASSOCIATES: Consider a service authorization in the amount of
$21,000 to the contract with Digby Bridges, Marsh and Associates
for construction management services in conjunction with the
Tennis Center Phase II project; with funding from General
Construction Fund - Tennis Center Phase II (Account No.
334-4145-572-63.42) . City Manager recommends approval.
I. CHANGE ORDER NO. 2/CHAZ EOUIPMENT CO. . INC. Consider a
change order in the amount of $31,033.00 to the contract with
Chaz Equipment Co., Inc. , to construct a water main from existing
2" main on the south end of Bronson Avenue north to the existing
8" water main on Atlantic Avenue with funding from Water and
Sewer Renewal and Replacement - Water Distribution Improvement
(Account No. 442-5178-536-61.78)
J. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA
K. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA
L. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA
M. SERVICE AUTHORIZATION NO. 5/GEE AND JENSON: Consider a
service authorization in the amount of $15,500 to the contract
with Gee and Jenson for preliminary work and conceptual design
for the East Atlantic Avenue Beautification project¡ with funding
from Decade of Excellence - Phase II Beautification - Atlantic
Avenue/Intracoastal Water Way to Ocean (Account No.
228-4141-572-61.73). City Manager recommends approval.
N. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA
O. REOUEST FROM OLD SCHOOL SOUARE: To waive the requirement to
provide a full certified audit for the fiscal year ended
September 30,1993.
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10. Public Hearings:
A. REOUEST FOR WAIVER OF CERTAIN PROVISIONS OF THE CITY'S CODE
OF ORDINANCES: Consider a request from Aimee Allard for waiver
of Code Section 101.32 to permit approximately 200 people to
assemble on the Municipal Beach on November 25, 1993; and Section
30.15(C) to waive the required fee for waiver requests.
B. 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.
C. 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.
D. SUBSTITUTE 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.
E. ORDINANCE NO. 59-93: 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 entirety; by amending Section 4.4.20,
"Industrial (I) District" , by deleting reference to Section 4.3.3
(S) . Planning and Zoning Board recommends approval.
F. 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 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. Planning and Zoning Board 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: None.
13. Comments and Inquiries on Non-Agenda Items:
A. Commission
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B. City Attorney
C. City Manager
D. County and Municipal Issues
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CITY DF DELRAY BEA£H
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PROCL,U14 r/o\
WHEREAS, the continued vi tali ty of our nation
depends on how safe we keep our neighborhoods and our
communities because crime and the fear of crime diminish the
well-being and quality of life of all¡ and,
WHEREAS, in the times of rising fear due to the
violence that has erupted in our communities, residents must
be made aware of what they can do to prevent themselves,
their families, their neighborhoods and their entire
communities from being victimized¡ and,
WHEREAS, we believe in the value of grassroots
programs that emphasize self-reliance and cooperation in
which people are encouraged to join together to eradicate
crime and violence in their neighborhoods¡ and,
WHEREAS, every segment of the community, from
school child to law enforcement officer, from teacher to
business leader, must help to rebuild a sense of mutual
responsibility and shared pride; and,
WHEREAS, effective crime prevention programs
depend upon close partnerships among law enforcement,
government agencies, schools, community groups, businesses
and res idents; and,
WHEREAS, crime and drug abuse prevention are more
than self-protection and security; they promote positive
alternatives to delinquency and drug use among young people,
and encourage youth to participate as citizens and enable
them to make significant contributions to their communities.
NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the
City of Delray Beach, Florida, on behalf of the City
Commission do hereby proclaim October 1993 as
CRIME PREVENTION MONTH
in the City of Delray Beach, Florida, and urge all
residents, governmental agencies, public and private
institutions and businesses to increase their participation
in our community's crime and drug prevention efforts, so
that the fabric of the community can be more tightly woven
and the spark of citizenship renewed.
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 12th day of October, 1993.
MAY 0 R
THOMAS E. LYNCH
SEAL
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[ITY DF DELAAY BEAEH
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PRO(LU/A IF;'
WHEREAS, the Delray Beach Housing Authority was
formed in June 1970 under the provision of Chapter 421 of
the Florida Statutes; and,
WHEREAS, the Delray Beach Housing Authority was
created as a means to provide decent, safe and sanitary
housing accommodations to persons of low income, the elderly
and the handicapped; and,
WHEREAS, the principal activity of the Delray
Beach Housing Authority is to plan, develop, build, own and
manage housing units federally subsidized and to administer
programs for the housing units on the private market; and,
WHEREAS, the Delray Beach Housing Authority seeks
to improve the living conditions and the overall quality of
life in the Delray Beach community; and,
WHEREAS, the purpose of Operation Greenspace is to
encourage communities to beautify and maintain the exteriors
of their communities; and,
WHEREAS, recently the residents of Carver Estates
and the Delray Beach Housing Authority were the
reciprocates of the "Operation Greenspace Award" , by the
U. S. Department of Housing and Urban Development¡ and,
WHEREAS, this award signifies that this community
meets the requirements of neatly manicured grass, property
graffiti and litter free, parking areas neatly defined
without abandoned vehicles and the dumpster areas well
maintained.
NOW¡ THEREFORE, I ¡ THOMAS E. LYNCH, Mayor of the
City of Delray Beach, Florida¡ on behalf of the City
Commission do hereby wish to congratulate everyone
associated with making this award possible and encourage the
Carver Estates Community and the Delray Beach Housing
Authority to continue their good work and to be a Greenspace
Community each year.
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 12th day of October¡ 1993.
MAY 0 R
THOMAS E. LYNCH
SEAL
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VISIONS 207 East Atlantic Avenue, Delray Beach, Florida 33444 . (407) 276-8640
West Atlantic ~£~~Th\\D~
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STATUS REPORT
Carla S. Bryant
De1ray Beach City Commission Meeting
October 12, 1993
6:00pm
The VISIONS West Atlantic Steering Committee is preparing for
a planning and design charette on Friday, November 5th and
Saturday, November 6th. This charette will allow committee
members and interested residents to work with local and
regional architects and design the West Atlantic Avenue
gateway of the future. Over the last six months, the
steering committee has discussed difficult issues that have
impeded progress in the past. The committee has also
determined a vision for the West Atlantic Avenue community.
As Project Manager, I would like to cordially invite the
Commissioners, the Mayor and the City Manager to the VISIONS
Charette. I know that the West Atlantic Avenue community
looks forward to your participating in this interesting and
dynamic process. If you have any questions, I can be reached
either at the CRA office or at (407) 686-6357. Thank you for
your support.
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER[1lv1
SUBJECT: AGENDA ITEM it ~~ - MEETING OF OCTOBER 12. 1993
AGREEMENT WITH PROPERTY OWNER AND DELRAY ESTATES CONDO-
MINIUM ASSOCIATION
DATE: October 7, 1993
This item is before you to approve an agreement with the property
owner at 1541 Catherine Drive and the Delray Estates Condominium
Association for the purpose of establishing a Police Substation at
Delray Estates.
The lease agreement is for a one year period, from October 11, 1993 to
October 11, 1994. The agreement provides the City will pay $1.00 per
month to lease the premises, plus utility costs.
The Association will make the lessors mortgage payments under the
provisions of this agreement.
Recommend approval of the agreement with the property owner at 1541
Catherine Drive and the Delray Estates Condominium Association for the
purpose of establishing a Police Substation at Delray Estates.
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[ITY DF DELHAY BEA[H
CITY ATTORNEY'S OFFICE 300 W ATLAt'\'TIC AVENUE' DELRA Y BEACH, FLORIDA 33444
TELEPHONE 407/243-7823 . FACSIMILE 407/243-7816
POLICE LEGAL ADVISOR
MEMORANDUM ItI:C/2,
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TO: City Commissioners CITy k. ~ IJ 199J
1/.,;/,
FROM: Eric D. Hightower, Police Legal Advisor
:'[
DATE: September 27, 1993
SUBJECT: DELRAY ESTATES POLICE SUBSTATION RESIDENTIAL LEASE
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Attached for your consideration is a copy of the residential lease
concerning the poliêe substation at Delray Estates. The owner of the
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unit to be used as the police substation Dan Gurda and the Delray
Estates Condominium Association have executed the agreement and City
Attorney's office approves of the lease as well.
The purpose of the lease is to allow our Police Department to establish
a police substation at Delray Estates, to deal with the escalating crime
problem there. There will be encouragement of residential involvement
in policing their own residence which fits in with the concept of
community Policing
The City's liability will not be affected by this agreement. Section
20(A) protects our Sovereign Immunity rights and 20(c) makes the Delray
Estates Condominium Association liable for all mortgage payments and
maintenance fees. The City's cost in rent is spelled out in Section 1;
a total of $1.00 per month.
The agreement will run for one (1) year until October 11, 1994, as a
trial period to see if the police substation will have a positive impact
on the community.
EDH: ldb e,H (
cc: David Harden, City Manager
Susan Ruby, City Attorney
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RESIDENTIAL LEASE
Apartment - Condominium - House
BY THIS AGREEMENT made and entered into on September _____,
199 between DANIEL GURDA herein referred to as Lessor, the CITY OF
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DELRAY BEACH, herein referred to as Lessee, and the Delray Estates
Condominium Association herein referred to as Association. Lessor
leases to Lessee the premises situated at 1541 Catherine Drive in the
City of Delray Beach, County of Palm Beach, State of Florida, and more
particularly described as follows: 1541 Catherine Drive, Delray Beach
Florida 33445, Apartment #1 together with all a~urtenances, for a term
of one (1) years, _____ to commence on Ol'!.. J /""" , 1993,
and to end on Otf-t. /~ ,1994 at 11:59 P.M. The Association shall
be responsible for carring out the terms of this lease specified in Item
20(b) and (c) .
1. Rent. Lessee agrees to pay, without demand, to Lessor
as rent for demised premises the sum of One Dollars ($1. 00) per omonth in
advance on the 1st day of each calendar month beginning fl::. ,
1993 at 2095 Catherine Drive, city of Delray Beach, State of Florida, or
at such other place as Lessor may designate.
2. Quiet Enjoyment. Lessor covenants that on paying the
rent and performing the covenants herein contained, Lessee shall
peacefully and quietly have, hold, and enjoy the demised premises for
the agreed term.
3. Use of Premises. The demised premises shall be used
and occupied by Lessee exclusively as a police substation, and neither
the premises nor any part thereof shall be used at any time during the
term of this lease by Lessee for the purpose of carrying on any
business, profession, or trade of any kind, of for any purpose other
than as a police substation. Lessee shall comply with all the sanitary
laws, ordinances, rules, and orders of appropriate governmental
authorities affecting the cleanliness, occupancy, and preservation of
the demised premises, and the sidewalks connected thereto, during the
term of this lease.
4. Condition of Premises. Lessee stipulates that he has
examined the demised premises, including the grounds and all buildings
and improvements, and that they are, at the time of this lease, in good
order, repair, and a safe, clean, and tenantable condition.
5. Assignment and Subletting. Without the prior written
consent of Lessor, Lessee shall not assign this lease, or sublet or
grant any concession or license to use the premises or any part thereof.
A consent by Lessor to one assignment, subletting, concession, or
license shall not be deemed to be a consent to any subsequent
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assignment, subletting, concession, or license. An assignment,
subletting, concession, or license without the prior written consent of
Lessor, or -an assignment or subletting by operation of law, shall be
void and shall, at Lessor's option, terminate this lease.
6. Alterations and Improvements. Lessee shall make no
alteration to the buildings on the demised premises or construct any
building or make other improvements on the demised premises without the
prior written consent of the Lessor. All alterations, changes, and
improvements built, constructed, or placed on the demised premises by
Lessee, with the exception of fixtures removable without damage to the
premises and movable personal property, shall, unless otherwise provided
by written agreement between Lessor and Lessee, be the property of
Lessor and remain on the demised premises at the expiration or sooner
termination of this lease.
7. Damage to Premises. If the demised premises, or any
part thereof, shall be partially damaged by fire or other casualty not
due to Lessee's negligence or willful act or that of his employee,
family, agent, or visitor, the premises shall be promptly repaired by
Lessor and there shall be an abatement of rent corresponding with the
time during which, and the extent to which, the leased premises may have
been untenatable; but, if the leased premises should be damaged other
than by Lessee's negligence or willful act or that of his employee,
family, agent or visitor to the extent that Lessor shall decide not to
rebuild or repair, the term of this lease shall end and the rent shall
be prorated up to the time of the damage.
8. Dangerous Materials. Lessee shall not keep or have on
the leased premises any article or thing of a dangerous, inflanunable, or
explosive character that might unreasonably increase the danger of fire
on the leased premises or that might be consider hazardous or extra
hazardous by any responsible insurance company.
9. Utilities. Lessee shall be responsible for arranging
for and paying for all utility services required on the premises.
10. Maintenance and Repair . Lessee will, at his sole
expense, keep and maintain the leased premises and appurtenances in 900d
and sanitary condition and repair during the term of this lease and any
renewal thereof. In particular, Lessee shall keep the fixtures in the
house in good order and repair; keep the furnace clean; keep the
electric bells in order; keep the walks free from dirt and debris; and
at his sole expense, shall make all required repairs to the plumbing,
range, heating, apparatus, and electric and gas fixtures whenever damage
thereto shall have resulted from Lessee's misuse, waste, or neglect or
that of his employee, family, agent, or visitor. Major maintenance and
repair of the leased premises, not due to Lessee's misuse, waste, or
neglect or that of his employee, family, agent, or visitor shall be
responsibility of Lessor or his assigns.
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11- Animals. Lessee shall keep no domestic or other
animals on or about the leased premises without the written consent of
Lessor.
12. Right of Inspection. Lessor and his agents shall have
the right at all reasonable times during the term of this lease and any
renewal thereof to enter the demised premises for the purpose of of
inspecting the premises in all buildings and improvements thereon.
13. Display of Signs. During the last 30 days of this
lease, Lessor or his agent shall have the privilege of displaying the
usual "For Sale" or "For Rent" or "Vacancy" ·signs on the demised
premises and of showing the property to prospective purchasers or
tenants. Lessee shall be allowed to display signs identifying the unit
as a Police Sub-station during the period of the lease.
14. Subordination of Lease. This lease and Lessee's
leasehold interest hereunder are and shall be subject, subordinate, and
inferior to any liens or encumbrances now or hereafter placed on the
demised premises by Lessor, all advances made under any such liens or
encumbrances, the interest payable on any such liens or encumbrances,
and any and all renewals or extensions of such liens or encumbrances.
15. Holdover by Lessee. Should Lessee remain in possession
of the demised premises with the consent of Lessor after the natural
expiration of this lease, a new month-to-month tenancy shall be created
between Lessor and Lessee which shall be subject to all the terms and
conditions hereof but shall be 'terminated on thirty (30) days written
notice served by either Lessor or Lessee on the other party.
16. Surrender of Premises. At the expiration of the lease
term, Lessee shall quit and surrender the premises hereby demised in as
good state and condition as they were at the commencement of this lease,
reasonable use and wear thereof and damages by the elements excepted.
17. Default. If any default is made in the payment of
rent, or any part thereof, at the times hereinbefore specified, or if
any default is made in the performance or of compliance with any other
term or condition hereof, the lease, at the option of Lessor, shall
terminate and be forfeited, and Lessor may re-enter the premises and
remove all persons therefrom. Lessee shall be given written notice of
any default or breach, and termination in forfeiture of the lease, shall
not result if, within thirty (30) days of receipt of such notice, Lessee
has corrected the default or breach or has taken action reasonably
likely to effect such correction within a reasonable time. Likewise, if
any default is made in the performance or of compliance with any other
term or condition hereof, the lease at the option of Lessee, shall
terminate and be forfeited, and Lessee may vacate the premises and
remove all persons and personal property therefrom. Lessor shall be
given written notice of any default or breach, and termination in
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forfeiture of the lease, shall not result if within thirty (30) days of
receipt of such notice, Lessor has corrected the default or breach or
has taken action reasonably likely to effect such correction within a
reasonable time.
18. Abandonment. If at any time during the term of this
lease Lessee abandons the demised premises or any part thereof for a
period of thirty (30) days or more, Lessor may, at his option, enter the
demised premises by any means without Leing liable for any prosecution
therefor, and without becoming liable to Lessee for damages or for any
payment of any kind whatever, and may, at his discretion, as agent for
Lessee, relet the demised premises, or any part thereof, for the whole
or any part of the then unexpired term, and may receive and collect all
rent payable by virtue of such reletting, and, at Lessor's option, hold
Lessee liable for any difference between the rent that would have been
payable under this lease during the balance of the unexpired term, if
this lease had continued in force, and the net rent for such period
realized by Lessor by means of such re16tting. If Lessor's right of re-
entry is exercised following abandonment of the premises by Lessee, then
Lessor may consider any personal property belonging to Lessee and left
on the premises to also have been abandoned, in which case Lessor may
dispose of all such personal property in any manner Lessor shall deem
proper and is hereby relieved of all liability for doing so.
19. Binding Effect. The covenants and conditions herein
contained shall apply to and bind the heirs, legal representatives, and
assigns of the parties hereto, and all covenants are to be construed as
conditions of this lease.
20. other Terms:
A. Sovereign Immunity. Nothing herein shall be shall
be deemed a wavier of the city's sovereign immunity as set forth in
Florida Statute 768.28.
B. Repairs Prior to Enter. Lessor shall be
responsible for all repairs, and establishing apartment in good
condition on the interior prior to entry, by Lessee. The Association
shall be responsible for all repairs and establishing apartment in good
condition on the exterior, prior to entry by Lessee.
C. Mortgage Payments and Maintenance Fees. The
Association and Lessor agree that the Association will pay to Lessor the
same of Three Hundred Twenty-Five Dollars ($325.00) per month to cover
monthly mortgage payments during the term of this lease. The
Association agrees to waive all monthly maintenance fees during the term
of this lease. The Association and Lessor further agree that Lessee
shall not be liable for any mortgage payments or maintenance fees under
any circumstances during the term of this lease.
IN WITNESS WHEREOF, the parties have executed this lease at
City of Delray Beach, Florida, day and year first above written.
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---_.-. '.....__.,_._._-----~._.._.__.. .~- -..... . .~_ _._·.;..:....._·.".·.-_____~...'_;,....~·~_:::.......·..._:.--·.___'____I.·.·~·._.·_...·..'-"'t._..·....._""__,~·.-...__ -__,...._____~.'__ .._____...........~__..._ __, . ,._._.._. ._..___....._ ...___n..________+. _.
By: ~ý~
Mayor Thomas E. Lynch, Lessee Daniel Gurda,
ATTEST:
CONDOMINIUM
City Clerk
Approved as to form and
Legal Sufficiency:
City Attorney - Delray Beach
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: .,." DA\lJ:D T. HARDEN, CITY MANAGER
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FROM: ----·--ÐAVID J. KOVACS, DI CTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF OCTOBER 12, 1993
APPROVAL OF TEMPORARY USE, POLICE SUB-STATION
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of a Temporary Use of a City Operated Facility.
The action is required and authorized by LDR Section
2.4.6(H)(1).
The project is establishment of police substation in De1ray
Estates.
B A C K G R 0 U N D:
A request for community policing enhancement within the De1ray
Estates community has been made. The Homeowners Association and
the Police Department have agreed on a location within a
currently vacant unit. In a separate agenda item consideration
is given to execution of a lease agreement. From a land use
perspective, it is appropriate to concurrently and formally
authorize the land use action.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board does not formally review this type
of item. No other advisory board review is required.
R E COM MEN D E D ACT ION:
By motion, approval of a temporary use of property within Delray
Estates for a community policing substation. This approval is
valid for a three year period.
DJK/T:CCSUBDE.DOC
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER erv1
SUBJECT: AGENDA ITEM ~ 1>~ - MEETING OF OCTOBER 12. 1993
AGREEMENT WITH FLORIDA DEPARTMENT OF REVENUE
DATE: October 7, 1993
This item is before you to approve an agreement with the Florida
Department of Revenue to provide for the sharing of certain
information under the Registration Information Sharing and Exchange
(RISE) program.
The RISE program allows the City, on a confidential basis, to compare
records with the State on occupational licenses, liquor licenses,
sales taxes and various other taxes and fees in order to verify that
the City and the State are collecting their appropriate amounts.
Staff feels that participating in this program will allow us access to
information necessary to properly audit several of our revenue
categories.
The City Attorney's office has reviewed this agreement and approved it
as to form. Additionally, they have attached a copy of Florida
Statutes Section 213.53 (2) which sets out in further detail the
confidentiality and information sharing requirements and a copy of
Florida Administrative Code 12-22 which also contains information in
this regard.
Recommend approval of the agreement with the Florida Department of
Revenue which provides for the sharing of certain information under
the Registration Information Sharing and Exchange (RISE) program.
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[IT' DF DELHAY 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: October 1, 1993
TO: Cheryl Leverett, Executive Assistant
City Clerk
FROM: Susan A. Ruby, City Attorney
SUBJECT: Department of Revenue Information Exchanqe Aqreement
Our office has reviewed the Agreement for sharing of
information. Florida Statutes Section 213.053(2) provides
that the failure of any person to keep confidential, non-exempt
material commits a mi sdemeanor of the first degree. Attached
please find Florida Statutes Section 213.53(2) which sets out
in further detail the confidentiality and information sharing
requirements.
In addition, please find Chapter 12-22 of the Florida
Administrative Code setting forth additional details on the
confidentiality requirements. There is no legal prohibition
and the form of the contract is acceptable. Our office
suggests, however, the person in charge of the information be
made keenly aware of the confidentiality requirements. Please
call if you need anything further.
83ft(
Attachments
cc: David Harden, City Manager
Joe Safford, Director of Finance
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MEMORANDUM
To: ager
From:
Date:
Subject: Department of Revenue- Information Exchange
We have reviewed the information package forwarded to us by the Department of Revenue
regarding the Registration Information Sharing & Exchange (RISE) program and request that the
City participate.
The RISE program allows the City of Delray Beach, on a confidential basis, to compare records
with the State on occupational licenses, liquor licenses, sales taxes, and various other taxes and
fees in order to verify that the City and the State are collecting their appropriate amounts. This
appears to be the only program of its kind that would provide the information required to capture
the appropriate data needed to determine what occupational firms are not paying their share of
these items. We feel that this program will provide the data necessary to properly audit several
of our revenue categories. This program appears to be a strong management tool that can be
used to improve revenues that are due the City, but were heretofore not able to be verified or
reconciled since part of the information was in State records and part was recorded in City
records and we were unable to compare the two.
Please consider approving this contract with the State so that we may initiate this program. Be
assured that we will educate users on the confidentiality of the data provided by the State and
that we will only utilize this information to the benefit of the agencies involved.
encl: Copy of RISE program booklet with contracts
cc: David Kovacs
Lula Butler
Richard Zuccaro
Milena Walinski
Becky O'Connor
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AGREEMENT FOR THE SHARING OF INFORMATION
FOR LEVEL ~ PARTICIPANTS
OF THE
REGISTRATION INFORMATION SHARING AND EXCHANGE PROGRAM
1. The Florida Department of Revenue, acting in its capacity as
coordinator of the Registration Information Sharing and
Exchange (RISE) program, and the , hereby
enter into this agreement for the sharing of certain
information as prescribed in s. 213.0535, Florida statutes,
for Level One participants of the RISE program.
2. As stated in s. 213.0535(5), F.S., when in receipt of
information shared pursuant to this agreement, the
shall be bound by all applicable laws imposing
confidentiality requirements. These requirements include, but
may not be limited to, those stated in s. 213.053, F.S. and s.
12-22, Florida Administrative Code. The
shall be subject to the same penalties for violation of these
requirements as provided in s. 213.053(2), F.S. The
of the , or his/her designee,
agrees to take appropriate steps to protect information
obtained under RISE and this agreement from unauthorized
disclosure, especially any confidential tax information
obtained from the Department of Revenue.
3. The following minimum procedures must be implemented prior to
receiving any confidential tax information from the Department
of Revenue:
A. Information received shall be used only for administering
or enforcing tax or licensing provisions of the following
laws: Chapter 212, F.S., sales & use tax; s. 125.0104,
F.S., tourist development tax; s. 125.0108, F.S., tourist
impact tax; chapter 205, F.S., local occupational license
taxes; s. 212.0305, F.S., convention development taxes;
chapter 509, F. S., public lodging and food service
establishment licenses; and/or chapter 561, F.S.,
beverage law licenses.
B. When not being used, it is recommended the information be
kept under lock and key or other secure manner.
C. When no longer needed, the Department of Revenue
recommends the information be destroyed by shredding,
incineration, or other appropriate means.
D. only authorized employees of the with
an official use for the information as stated in "A"
above, shall be allowed access to the information.
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RISE Program Level 1 _
Information Sharing Agreement
Government Entitv/Florida Department of Revenue
E. The shall become familiar with the
confidentiality provisions of s. 213.053(2), F.S., and s.
12-22, F.A.C., and shall be responsible for informing
other authorized employees of their responsibilities
related to the use of tax information received pursuant
to this agreement.
4. The Department of Revenue may conduct on-sight security
reviews to ensure that adequate procedures are in place to
safeguard confidential tax information received under RISE and
this agreement and prevent any unauthorized disclosures of
that information.
5. Mutually acceptable techniques and methods of information
sharing will be developed when and as required by the
operating officials of the respective parties to this
agreement with the overall objective of providing the most
useful data, with a minimum of interruption of operating
routines, and the least amount of additional expense.
6. The following data elements relating to licensing or
registration activity during each month will be exchanged by
the parties to this agreement within 20 days of the end of
that month:
A. Registrant's, licensee's or taxpayer's name (business and
owner) ,
B. mailing address (including zip code),
C. business location address (including zip code),
D. telephone number (business and owner),
E. federal employer identification number of social security
number,
F. business type code (SIC code),
G. county code (as provided by the Department of Revenue),
H. city code (as provided by the Department of Revenue),
I. applicable state or local license or registration number,
and any other unique identifying number,
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RISE Program Level 1 .~
Information sharing Agreement
Government Entity/Florida Department of Revenue
J. business opening date, and
K. indication if new or re-issuance (not renewals or address
changes).
7. Unless otherwise specified in Attachment "A" to this
agreement, information specified in paragraph "6" of this
agreement shall be provided by computer processable medium in
the format provided in Attachment "B" to this agreement.
8. Each party to this agreement shall keep statistics sufficient
to measure the effectiveness or usefulness of the information
received under this agreement.
9 . No information received by the Department of Revenue from the
Internal Revenue Service shall be disclosed under this
agreement.
10. In the event that the fails to fulfill its
obligations for participating in the RISE program in
accordance with s. 213.0535, F.S., and this agreement; the
Department of Revenue is authorized to suspend the routine
providing of tax information to the and,
in its role as coordinator of the RISE program, also is
authorized to recommend that other participants in the RISE
program suspend any information exchange activity with the _
.
APPROVED:
Executive Director (Office)
Department of Revenue (Title)
State of Florida
signed at Tallahassee, Florida, signed at , Florida,
this _ day of , 19 - . this _ day of , 19 - .
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ATTACHMENT A
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Name of Local Government:
Responsible Party: Name
Title
Address
Phone
Data Processing Contact: Name
Phone
Type of Computer System:
Method of Data Transmission:
1. Tape (select one) 2. Diskette (select one)
_ 1600 BPI - 3 1/2"
_ 6250 BPI - 5 1/4"
* 3. other
* NOTE: Prior approval must be obtained in writing from the
Department of Revenue for use of noncomputer-processable medium.
Application should be made to: Gerald Johnson, Director, Division
of Information Systems and Services, Room 113 Carlton Building,
Tallahassee, FL 32399-0100
Defined area and/or boundaries for data: List all applicable
zip coders), and/or county code(s).
Authorized signature Date
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ATTACHMENT B
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Instructions and Specifications for Reporting
New License Registration on Magnetic Media
The following describes the format of files to be sent to
Florida Department of Revenue, Sales Tax License Registration, G-3
Carlton Building, Tape Library, Tallahassee, Florida 32399-0100,
for Sales Tax License Registration information.
The file is to be submitted on tape (this is preferred) or
diskette by the 20th of each month for the previous month new
registrations.
I. Tape Requirements:
A. Type of tape - 1/2 inch mylar base, oxide coated
B. Recording density - 1600 or 6250 bytes per inch
C. Character set - EBCDIC, UPPERCASE LETTERS ONLY
D. Number of tracks - 9
E. Parity - Odd
F. Recording mode - fixed length
G. Labeling Internal Requirements:
1. Unlabeled
2. Only 1 tape mark at the beginning of tape reel
3. 2 tape marks at the end of tape reel
H. Blocking Factor:
1. Depending on record length, not to exceed 1792
characters per block
II. Diskette Requirements:
A. 5 1/4" Diskette:
1. Recording density
a. High density, 1 . 2M or
b. Double density, 360K
2. IBM PC Compatible format
3. ASCII text format - no embedded decimals or
signs
B. 3 1/2" Diskette:
1. Recording density
a. High density, 1.44M or
b. Double density, 720K
2. IBM PC Compatible Format
3. ASCII text format - no embedded decimals or
signs
C. The DOS command Backup may be used when file will
take multiple diskettes. If used, the local
government will physically indicate on the
diskettes.
III. Cartridge Requirements:
A. Standard 3480 Cartridge
B. Densities up to 38K
C. Number of tracks - 18
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ATTACHMENT B
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IV. Labeling:
A. External Requirements:
1. Name and address of sender
2. Recording density
3. Number of reel, series beginning with
No. 1 and showing total number of reels
Example: Reel 1 of 2, Reel 2 of 2
4. Registration applicable period
V. Data Record Explanation:
A. Registration Record - information related to
new registrations. Fixed length of 512 bytes.
VI. General Information:
A. All numeric fields are in unpacked format,
preceded with zeroes, right justified and zero-
filled when not used.
B. All alphanumeric fields are to be left justified
and space-filled when not used.
C. The attached Magnetic Media Transmittal should be
completed and returned with the tape or diskette.
D. It will be the policy of the Florida Department of
Revenue to erase all data from the magnetic media
prior to returning, unless otherwise requested in
writing.
E. Tapes will have a blocking factor of 33.
VII. Magnetic Tape/Diskette File Description:
A. Registration Record:
position Field Lenqth
1 - 40 Registrant Name A40
41 - 80 Registrant Address A40
81 - 106 Registrant city A26
107 - 107 Filler A1
108 - 109 Registrant state A2
110 - 111 Filler A2
112 - 120 Registrant Zip Code N9
121 - 130 Registrant Phone # N10
131 - 170 Business Location Name A40
171 - 210 Business Location Address A40
211 - 236 Business Location City A26
237 - 237 Filler A1
238 - 239 Business Location state A2
240 - 241 Filler A2
242 - 250 Business Location zip Code N9
251 - 260 Business Location Phone # N10
261 - 269 Federal Employer Identification
or social Security # N9
270 - 270 FEI - SS Indicator Nl
1 - Social security #
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271 - 274 SIC Code . ~ N4
275 - 276 county Code N2
(by Department Standard)
277 - 278 city Code N2
(by Department standard)
279 - 280 Kind Code N2
(by Department Standard)
281 - 292 Sales Tax Registration # N12
293 - 298 Business Open Date N6
(YYMMDD Format)
299 - 299 New or Re-issue A1
N - New Registration
R - Re-issue Registration
A - Address Change
300 - 399 Local Registration Numbers A100
This is a free-formatted
field to be used to provide
registration number and
individual business codes
separated by commas with
format provided by local
government to DOR)
400 - 512 Filler - space fill Al13
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STATE OF FLORIDA
DEPARTMENT OF REVENUE
RISE TRANSMITTAL DOCUMENT
From: To: Florida Department of Revenue
Registration Information Sharing and
Exchange (RISE)
Carlton Building, G-3, Tape Library
Tallahassee, FL 32399-0100
Contact Person ·
·
Phone Number :( )
Fax Number :( )
Signature ·
Date ·
·
Media Type
_ cartridge _ tape _ diskette
_ cartridge number _ reel number _ number of diskettes
FIle name ·
·
Number of Records :
For DOR Use Only
Received By:
Date Received:
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Ch. 213 STATE REVENUE LAWS: GENERAL PROVISIONS F.S. 1 ~ ~.
I,,'t -,-~.-
History.-5. 5. CD 63-253; 5 4. CD 65-371; 55 10.21.35. CD 69-106. s 43. eh ment from disclosing to the Comptroller the names and and
71-355; 5. 62. eh 73-333.5 1. eh. 79-9. 5 42. eh 79-164.5 3. ct, 82-75; 55. 16. addresses of those taxpayers who have cJaimed an I in It
80. eh. 82-226; 5. 12, eh. 82-385; 5 72. eh 86-152.5.9. eh. 87-102. 5. 16. eh
87-198; 5. 4. eh 89-167; 5. 11. eh. 89-171; 5. 39. eh 90-132. $. 102. ch 90- '36: 5 exemption pursuant to s. 199185( 1 )(h) or a deduction 1 (c
28. eh 90-203; s. 13. eh 90-351; s 89. eh 91-112
'Note.--Paragraphs (4){a) and (4){b) QI s. 376 1 \ W(~fe 1f3ns1eH('d >0 pafaQlafl~~s pursuant to s. 220.63(5). ¡ mfo
(IXa) and C1Xb) 015.206.9935 by 5 3. eh. 86-159 - (5) The department may make ¿JVadable 10 the See- j Ihe
'Nole.-Repealed by s 36. eh 90-203 retary ot the Treasury of the UnilecJ States or his dele. of II
>Nole.-Repealed by 5 7. en 89-353
gate. the Commissioner ot Internal Revenue of the (f
213.051 Service of subpoenas.-For the purpose 01 Uniled States or his delegate. the Secretary of the ber'
administering and enforcing the provisions or the reve Department ot the Interror of the United States or his del- of i
nue laws of this state, the Executive Dirpctor of the egate. or the proper oftrcer of any stéJte or his delegate, Fin;
Department of Revenue, or any oj his assl~,tants desl~1 exclusively tor oftrclal pl1rposc~;, Inlorma/lon to Comply II
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nated in writing by hIm, shall be authorized to serve sub wltl1 any formal agreement tor tile mutual exchange of Mul
poenas and subpoenas duces tecum issued by !t1(, state Information wrth the Interna! Revenue Service ot a9r,
state attorney relating 10 invesligations concerning the the Ul1rted States, the Department ot trle Il1le(lOl of Ihe bet\
taxes enumeraled in s. 21305. United States, or any slate (ç
Hislory.--5. 6. en 78-59 (6) Any Ifìformallon received by the Department of nee
213.053 Confidentiality and information sharing.- Revenue in connection with the administration of taxes pos
(1 ) The provisions of this section apply 10 s including. bul nol limited 10, information contained i~ (r
125.0104, county government; s. 1250108, lourlsl relums, reporls, accounts, or declaralions filed by per· pur~
impact tax; chapter 198, eslate taxes; chapter 199. sons subject to lax, shall be made available by the Env
": intangible personal property taxes; chapter 201, excise department to the Auditor General or his authorized dull
~> ¿¡ç¡ent, tile Comptroller or his authorized agent, the (I
~ tax on documents; chapter 203, gross recelpls taxes. TrroaslJrer or ¡lis authorized agent, or a property the
Ît chapter 211, lax on severance and production of [ninel Mot
ars; part I of chapter 212, tax on sales, use and utller <lppralscr or tax collector or Il1ell authollzed agents pur-
'f transactions; chapter 220, Income tax code, cl1apter ';,j;1I11 to ,; 195.084(1). IIlllle pcrturll1ance of tt1eir official tion
':. dutll·s. ()I in designated emr1oy,:('S of the Executive
221, emergency excise tax; s. 370.07(3). ApaIClch:cc1l" DISC
.. Bay oyster surcharge; chapter 376, pollutant splil pre ¡")ítlcc "í Ii~c C30vernor solely for del"rrnllJatlon of each pllr~
~l vention and control; s. 403.718, waste tlfe fees. s. sellOol dlstrrct's price level II (j¡; Y, pursuant to s. dire
403.7185, lead-acid battery fees; s 403.7195, wasle 236.081(2). rlowever, no Intormatlon shall be disclosed or I
newsprint disposal fees; s. 538.09, registration 01 sec· to the Auditor General or his authollzed agent, the reQI
,'-<J r'. ondhand dealers; s. 538.25, registration of secondary Comptroller or his authorized agent, the Treasurer or his Rev
j metals recyclers; ss. 624.509-624.514, insurance code authorized agent, or to a property appraiser or tax col· mer
administration and general provisions; and s. 681.117, lector or ttìelr authortzed agents, or to designated Sre;
motor vehicle warranty enforcement. employees of the Executive Office of the Governor if . c.'.:;; deg
(2) Except as provided in subsections (3), (4), (5), such disclosure is prohibited by federal law. The Auditor i'(L, 775
(6), (7), (8), (9), (10), (11), (12), (13), and (14). all informa- General or his authorized agent, the Comptroller or hisI':-g~~: (f
tion contained in returns, reports, accounts, or declara- authorized agent, the Treasurer or his authorized agent, ';,,"~? retu
tíons recei~ the department, including investiga- and the property appraiser or tax collector and their ~~c;;: the
tlVe reporfSatld Information and including letters of tech- authorized agents, or designated employees of the~it:;;. info
nical advice, is confidential except for official purposes Executive Office of the Governor shall be subject to the~'~ mer
and is exempt from the provisions of s. 119.07(1). This same requirements of confidentiality and the same pen: ¥Jfi: " pet.
exemption is subject to the Open Government Sunset alties for violation of the requirements as the depart:" tecl
Review Act in accordance with s. 119.14. Any officer or ment. This exemption is subject to the Open Govero::, . ('-
employee, or former officer or employee, of the depart- ment Sunset Review Act in accordance with s. 119,14.:~ ney
ment who divulges any such information in any manner, For the purpose of this subsection, "designated employ~~ judi
except for such official purposes or in accordance with ees of the Executive Office of the Governor" means exwL", (I
the provisions of subsection (3), subsection (4), subsec- those employees directly responsible for calculation Of,,:,_~ «
tion (5), subsection (6), subsection (7), subseclion (8), príce level indicies pursuant to s. 236.081 (2). It does not;¡¿r: Leç
subsection (9), subsection (10), subsection (11), sub- mclude the supervisors of such employees or any ot~r,;~\. cou
section (12), subsection (13), or subsection (14) com- employees or elected officials within the Execuhve.~:. ? ing
mits a misdemeanor of the first degree, punishable as Office of the Governor. "if cor'
provided in s. 775.082 or s. 775.083. . (7) Notwithstanding any other provision of this ~'i¿~ (!
(3) The department shall permit a taxpayer, his lion, the department may provlde:.~ .... tior
authorized representative, or the personal representa· (a) Information relative to chapter 211, chapter 316,.::: tot
tive of an estate to inspect the taxpayer's return and or chapter 377 to the proper state agency in the cond~:,.t (d),
may furnish him an abstract of such return. A taxpayer 01 Its official duties.Tf.~~ COl
may authorize the department in writing to divulge spe- (b) Names, addresses, and dates of comme~" Or,-
cific information concerning his account. ment of business activities of corporations to the . ! ern
(4) Nothing contained in this section shall prevent slon of Corporations of the Department of State 10",(0- del
the department from publishing statistics so classified conduct 01 its official duties. ad(
as to prevent the identification of particular accounts. (c) Information relative to chapter 212 and chapt~;~. reg
reports, declarations, or returns or prevent the depart· 561 throup 568 to the DIvision of Alcohol!c Beveragetl,,,, adj
,II/J,tt l/~)"'" ,j¡J 1426 \ ., .,. . .
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'.--r= STATE REVENUE LAWS: GENERAL PROVISIONS Ch.213
F.S. 1991' F.S.1991
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ler the names and and Tobacco of the Department of Business Regulatton county, or subcounty district when sufficient information
have claimed an in the conduct of its official duties. is supplied by the municipality, the county, or subcounty
:h) Of a deduction (d) Names, addresses, and sales tax registration district as the department by rule may prescribe, pro-
information to the Division of Hotels and Reslauranls 01 vlded such governing bodies are following s. 212.18(3)
ailable to the See- the Department of Business Regulation in the conduct relative to the deniat of an occupational license after the
3tates or his dele- of its official duties. department cancels a dealer's sales tax certificate of
Revenue of the (e) Names, addresses, taxpayer identification mun registration
Secretary of the bers, and outstanding tax liabilities to the Department ib) Such mformation shall be disclosed only if the
j States or his del- of the Lottery and the Department of B;¡nkln9 "nd department receives an authenticated copy of a resolu
le or his delegate, Finance in the conduct of their official dutres lion adopted by the governing body requesting it.
matlon to Comply (I) State tax information to the Nexus Program oil: It: \,c) After receipt of such IIltormation, the governing
Jtual exchange of Multistate Tax CommisSIOn pursuant \0 iJny \or'n;:1! :)\xj,: and its officers and employees are subject to the
!venue Serv;ce of agreement for the exchange of mutual !1ìtc1l llliJl'ül) same requITements of confidentiality and the same pen-
the Interior of the between the department and the commiSSion ali,es lor violating contldentiality as the department and
(g) Tax information to principals, and !llcn deslÇJ lis employees. The resolution requesting such informa-
1e Department of nees, of the Revenue Estimating Conference for the pur t,on shall provide assurance that the governing body
listration of taxes, pose of developing official revenue estimates and lIs officers and employees are aware of those
.lion contained in (h) Names and addresses of persons paying taxes reqUirements and of the penalties for their violation of
lions filed by per- pursuant to part IV of chapter 206 to the Department of such requirements, and the resolution shall describe the
available by the Environmental Regulation In the conduct at tis olllc!;]1 measures that will be put into effect to ensure such con-
Jr his authorized duties. tldenliality. The officer of the department who is author-
Irized agent, the (i) Information relative to chapters 212 and 326 10 !7cd to receive, consider, and act upon such requests
" or a property the Division of Florida Land Sales, Condominiums. ;1110 é;haii 1\ satisfied fhat the assurances in the resolution are
lrized agents pur- Mobile Homes of the Department of Buslr¡ess !lequl:J adeQuate to assure conlidentiality, grant the request.
Ice of their official tion in the conduct ot its official duties 1 ~1!C exemption IS subject to the Open Government Sun-
'e! ;:';,:vlew Act in accordance with s 119.14.
of the Executive Disclosure of information under this sut)Sec1 1011 ;;\1;,',; \., : jl NothlnC) III ttJIS subseclioll authorizes disclosure
;mination of each pursuant to a written agreement between the (;,,'>CiJI'\/ ,,'¡ i Information prohibtlerl by federa/law from being
pursuant to s. director and the agency. Such agencies, govcrnIIJl'f1L!i (J¡s·:::c!sed
hall be disclosed or nongovernmental, shall be bound by the san'" \ i 0) Not withstanding any other provision of this sec-
rized agent, the requirements of confidentiality as the Department ¡)! lion. wilh respect to a request for verification of a certifi-
e Treasurer or his Revenue. This exemption is subject to the Open Govern cate of registration Issued pursuant to s. 212.18 to a
¡raiser or tax col· ment Sunset Review Act in accordance with s. 1 t9.14 speCified dealer or taxpayer or with respect to a request
,r to designated Breach of confidentiality is a misdemeanor ot the first by a law enforcement officer for verification of a certifi-
the Governor degree, punishable as provided by s. 775082 or s. cale of registration issued pursuant to s_ 538.09 to a
[law. The Auditor: 775.083. specified secondhand dealer or pursuant to s. 538.25 to
:Omptroller or his_' (8) The Department of Revenue shall provide a speciJied secondary metals recycler, the department
luthorized agent,- returns, reports, accounts, or declarations received by may disclose whether the specified person holds a valid
lIector and theii' the d~ent, including investigative reports and cer1iflcate or whether a specified certificate number is
nployees of the'; infor7tratkì . or information contained in such docu- valid and the name of the holder of such certificate. This
)e subject to thê f ments, pursuant to an order of a judge of a court of com- subsection shall not be construed to create a duty to
d the same pe~~ petent jurisdiction or pursuant to a subpoena duces request verification of any certificate of registration.
:asthede .:. tecum only when the subpoena is: (11) The department may provide to a United States
~ Open Go... (a) Issued by a state attorney, a United States attor- Trustee, or his designee, for any United States Bank·
~ with s. 119.1 ney. or a court in a criminal investigation or a criminal ruptcy Court, exclusively for official purposes in connec-
¡gnated em judicial proceeding; lion with administering a bankruptcy estate, information
nor" means (b) Issued by a state or federal grand jury; or relating to payment or nonpayment of taxes imposed by
>r calculatioo . (c) Issued by a state attorney, the Department of any revenue law of this state by a trustee, debtor, or
1(2). It does~; Legal Affairs, a United States attorney, or a court in the debtor in possession, including any amount paid or due.
les or any othet' course of a civil investigation or a civil judicial proceed- (12) The department may disclose certain state sales
the Executiyf" jng under the state or federal racketeer influenced and tax information relating to the cancellation or revocation
corrupt organization act or under chapter 896. of sales and use tax certificates of registration for the
(9)(a) Notwithstanding other provisions of this sec- failure to collect and remit sales tax_ This information is
tion, the department shalt, subject to paragraph (c) and limited to the sales tax certificate number, trade name,
to the safeguards and limitations of paragraphs (b) and owner's name, business location address. and the rea-
(d). disclose to the governing body of a municipality, a son for the cancellation or revocation.
county, or a subcounty district levying a local option tax, (13) Notwithstanding the provisions of s. 896.102(2),
Or any state tax which is distributed to units of local gov the department may allow full access to the information
ernment based upon place of collection, which the and documents required to be filed with it under s.
department is responsible for administering, names and 896.102(1) to the Department of Banking and Finance
ad~resses only of the taxpayers granted a certificate oj and 'he Department of Law Enforcement during joint
re~lstration pursuant to s. 212_18(3) who reside within or 1Il'.'(c5T;:;atlons oj large currency transactions by those
adjacent to the taxing boundaries of such munICiOC1I,] '/ !"..'r; >7:Jartments and the Department of Revenue, and
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.......- . Ch. 213 STATE REVENUE LAWS: GENERAL PROVISIONS
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any of those departments may use the information and 213.071 Certification under seal of certain records "
documents in any civil or criminal investigation and in by executive director.- The executive director of the " (pC
any court proceedings. Department of Revenue may certify under appropriate thE
(14)(a) Notwithstanding any other provision of this seal, copies of any records, papers or documents (e~
section, the department shall, subject to the safeguards placed in his custody, keeping and care by law, SUch I
specified in paragraph (c), disclose to the Division of certified copies shall have the same lorce and effect as 1C:;
Corporations of the Department of State the name, evidence as would the original records, papers or docu. >"1
address, federal employer identification number, and ments,
duration of tax filings with this state of all corporate or History.--s. 1. ch_ 65-d1. ss 21. 35. Cl; {{j lOC
j
partnership enti\Jes which are not on file or have a dis- 213.10 Deposit of tax moneys collected.--Any and ¡
solved status with the Division of Corpomtions and ¡
all tax moneys collected by 111e Department of Revenue , rl;
wh,ch have tiled tax returns pursuant to either chapter ,
shall be deposited in the appropfiale fund as provided \
199 or chapler 220. by taw. I
(b) The Division of Corporations shall use such in lor- Histocy.-s 10. ch. 63~253: ss 21, :~~. (1\ U1- ¡()lì 1;U~
malion only In the pursuit 01 its official duties relative to 213.12 Certain state-chartered financial instítu. I lne
nonqualilied foreign or dissolved corporations in the iee
recovery of fees and penalties due and owing the state. tions; immunity from certain state and local taxes.- pel
(c) All mlormatlon exchanged between the Division (1 ) All banks, trust companies, and Morris Plan 72'
01 Corporations and the department shall be subject to banks now or hereafter chartered under the laws of the íTHf
the same requirements of confidentiality as the Depart- state shall have the same immunity from state and local tor
men! of Revenue, This exemption is subject to the Open taxation that national banking associations have from neç
Government Sunset Review Act in accordance with s, time to time under the statutes of the United States, 0: é.
11914. (2) All credit unions now or hereilfter chartered 1(1;
~. History,-" 1,e" 00222.5 11,eh.81-151;s,2,ch,81-165;S4,ch,81-179, under the laws of the state shall have 111C same immunity ,
,
s. ~1. efl 8.2·~I~J. $ 7:1, ch 8~--2n: s, 7. ch. 84-170: s. 14, ch. 84-338; 55. 31.121 from state and local taxation tk.¡t II'cierally chartered ,
"}~ d¡ ti:l<'¡.12. :.; ?:J. C!; 06-152. S 7. cn. 87-99; s. 10. ch. 67-102; s. 2. en. 87-175: credit unions have from time to Ilmc lJllder tile statutes
, :; ll. ell H7 ·-lqf), s f'¡, cl1. 87 ~331: SS. 5. 31, ch. 88-119; s. 19. ch. 88-381: s 1, Clì
W! l:..'tJ ~,", qO·2ü:J" " cr, 90-290; s, 49, ch. 90-360; s :34, ch 91-112, $ of the United States_
!-:-2 ~ 1, .;11 91-::?1~ :~ 24;>, ch 91-224. s_ 6, ch 91-305 (3) No tax may be imposed by tllC slate or any of its
f::'
213.054 Persons claiming tax exemptions or political subdivisions on any savings and loan associa-
,., tion or its franchise, surplus, deposils, ilssets, reserves,
,~ ¡", deductions; annual report.- The Department of Reve· ;r":2
¡~ loans, or income which is greater than the least onerous \
nue shall be responsible for monitoring the utilization of j per
~:r imposed by the state on any otlwr llIlancial institution as (
~; tax exemptions and tax deductions authorized pursuant defined in chapter 658. ,
~; to chapter 81-179, Laws of Florida_ On or before Sep- History.-$, 1, ch, 72-153, \ arK
HÎ~
tember 1 of each year, the department shall report to the I s ,)
--..:;:', Comptroller the names and addresses of all persons 213.21 Informal conferences; compromises.- 91· ,
,';." (1 )(a) The Department of Revenue may adopt rules 'tic
who have claimed an exemption pursuant to s. ; "H
199.185(1 )(h) or a deduction pursuant to s. 220.63(5). for establishing informal conference procedures within í ac')~
\ ~p~t
History.-s, 11, ch, 81-179; s, 32, ch, 85-342, the department for resolution of disputes relating to \ flL"¿' r
---=---- assessment of taxes, interest, and penalties and for vt5K)f
213.06 Rules of department; circumstances requir- informal hearings under s. 120.57(2}. CéfG
ch3\1t
iog emergency rules.- (b) The statute of limitations upon the issuance of \ beco
(1 ) The Department of Revenue is granted authority final assessments shall be tolled during the period in VISI!)1
to adopt such rules as are necessary to carry out the which the taxpayer is engaged in a procedure under this ¡ 2
intent and purposes of this chapter and all other revenue section. \ (
laws administered by the department, and it may amend (2)1(a) The executive director of the department or as~
such rules to conform to legislation or departmental pol- his designee is authorized to enter into a written closing reQ
icy changes made in the absence of any legislation. agreement with any taxpayer settling or compromising cor
(2) The executive director of the'department may the taxpayer's liability for any tax, interest, or penalty eXI~
adopt emergency rules pursuant to s. 120.54 on behalf assessed under any of the chapters specified in s, an;
of the department when the effective date of a legisla- 72.011(1). When such a closing agreement has been not
tive change occurs sooner than 60 days after the close approved by the department and signed by the execu- rete
of a legislative session in which enacted and the change tive director or his designee and the taxpayer, it shall be the
affects a tax rate or a collection or reporting procedure final and conclusive; and, except upon a showing of ad'.
which affects a substantial number of dealers or per- fraud or misrepresentation of material fact or except as the
sons subject to the tax change or procedure. The Legis- to adjustments pursuant to ss, 198,16 and 220.23, no on:·
lature finds that such circumstances qualify as an excep- additional assessment may be made by the department C2\
tion to the prerequisite of a finding of immediate danger against the taxpayer for the tax, interest, or penalty u: ~~
to the public health, safety, or welfare as set forth in s, specified in the closing agreement for the time period ~r"
120.54(9)(a) and qualify as circumstances requiring an speCified in the closing agreement, and the taxpayer ~:\~
emergency rule. shall not be entitled to institute any Judicial or adminis· 12C
Hislory.-s 6, ch 63-253. ss 21,35, ch, 69-106; $. 4, ch, 82-75; s, 76, ch trative proceeding to recover any tax, interest, or penalty 8i!¡'¡
83-217; S 13, cr. 86-152; s 22, ch 89-356, paid pursuant to the closing agreement The depart· not
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(R. 3/93)
V. 6, p. 226-11 TAX INFORMATION 12-22.002
CHAPTER 12-22 (7) "Revenue laws of this state" mean those
CONFIDENTIALITY AND DISCLOSURE OF laws cnumer.!ted in s. 2l3.053(]), F.S.
TAX INFORMATION (8) "State tax information" means all records of
the Department relating to particular ta¡¡payers.
12-22.001 Scope of Rules. including returns, return information, letters of
12-22.002 Definitions. . advice, technical assistance advisements, large
12-22.003 Confidentlailty of Tax currency transactian reports, and investigative
InformatIon. reports which arc subject to the disclosure
12·22.004 Aeccss ta Tax Infannalion. provisions of s 213.053, FS., and does not include
12-22.005 Disclosure Procedures. federal tax information furnished to the
12-22.006 Delegation of Authority. . Department by the Internal Revenue Service.
12-22.007 RegIstratIOn InformatIon Shanng (9) "Tax information" means all records of the
and Exchange Program. ..'
Department relatIng to partIcular taxpayers,
12 22 001 S f R I· Th'· h. .. including returns. return information, federal tax
-. cope 0 U (>S. IS C a pter sets . f . I f d . h· I .
f h h I b d b h [) fIn ormallon, etters 0 a Vice, tec mca asslstancc
ort t e ru es ta e use \" t e epartment 0 . .
Revenue in the administratio~ and enforcement of advisements, large currency. transactIon reports.
S. 213.053, F.S., relating 10 the confidentiality and and lOvestlgatlve. reports. ThIs term encompasses
d· I f· f . the status and eXIstence of an account and whether
ISC osure 0 tax In ormatIon. . . .. .
Specific Authority 2/3.06 FS. La~'/l/1p/<m<nted /92.105. the account IS active, mactlve, or delinquent.
/93.074, /95.027. /95.084. /96/0/. 199.22J. 20/.012, (JO) "Official Purposes" as used in s. 213.053.
206.27. 1I1./25, JI/.33. 21l.0305(3)(dJ. 213.053. 213.1/. F.S., and this rule includes the following:
213.22, 2/3.27, 12024J. 336.0è5(J)(a). 896./01(1) FS. (a) The use of state tax information in referring
History-New /2-/8-88. a case for criminal prosecution in instances when an
. . . agency employee attests by affidavit that there is
12-22.002 Defißlhons. For the purposes of thIs probable cause to believe that a crime has been
rule chapter, the terms and phrases used In these committed. Such attestation and affidavit must be
rules shall have the meanings prescribed in this reviewed and approved by the Director af the
sectIon, unless a different mean!l1g IS clearly Division of Collection and Enforcement and the
indicated by the context in which the term or General Counsel. or thëir designees. '
phrase is used. b) Th f . f .
(I) "Department" means the Florida { e use ,1 slale lax .In ormallon upon
D t f R WTltlen approval bv Ine !:xecutlve Director or the
epartmen 0 evenue. E . D' : d' . b . . !
(2) "Disclosure" means making known or xecuttve ¡rector S . eSlgnee 111 0 ta1l1111g a Scare \
'1 bl . h warrant or subpoena !I1the InvestIgation of a cnme
aval a e to any person 111 any manner.w atsoever, under the revenue laws.
a return, return Information, state tax !I1formatlon. . ..
or federal tax information. (c) The use of state tax !I1formatlOn, If approved
(3) "Debt collection agency" means any person in wri~ing by the, Exec~tive Direeto~ or the
or entity with whom the Department has ExecutIve Director s designee, to notIfy state
contracted for the collection of taxpayers attorn.eys, sher.lff's ~r other law enforcement
liabilities, as authorized pursuant tos. 213.27, F.S. agencies of activity In vlola~lon .of ~tate law or
"Private auditor" means a certified public Department rules when s~ch vIOlatIOn IS beyond the
accountant with whom the Department has legal authonty or capacity of the Department to
~~ contracted to audit taxpayer accounts pursuant to halt or prosecute. " ~
. ,..~....... 5. 213.28, F.S. (d) The use of state ta¡¡ Information in any
(4) "Federal tax information" means any tax judicial or quasi-judicial actions, incl.uding .actions
information furnished to the Department by the brought und~r Ch~pter. 72, F.S., If1 whIch the
Internal Revenue Service. Department IS partIcipatIng as a party and where
(5) "Return" means those documents, the liability for or collectability of a tax is at issue.
declarations, reports, schedules, amendments, or (e) The use of taxpayer information by
other written statements filed with the Department independent contract agents in the administration
by a taxpayer under a revenue law of this state or of the Department's statutory duties and
rules of the Department. This term includes any responsibilities. Such independent contract agents
copy of a federal income tax return or other are subject to the restrictions and prohibitions
attachments which are designed to be supplemental contained in s. 2 3.053, F .S., and this rule.
to, or become a part of, a return. However, the (0 The use of state tax information by the
annual report required of taxpayers who claim the Department, solely to the extent necessary to
enterprise zone jobs credit under ss. 220.1 B 1(3) obtain information which is not otherwise available
and 212.096(4), F.S., is not included in the in the determination and/or collection of a specific
definition of return. taxpayer's tax liability. The Department's
(6) "Return information" means any employee or agent must first exhaust all efforts to
information shown on a return which is filed with, obtain or confirm information from the taxpayer or
or furnished to, the Department, by, or on behalf of, from internal sources before disclosing information
a taxpayer, including taxpayers' names, addresses, under this subsection. The following examples are
account numbers, tax computations or payment included to clearly describe the intent of this
data, and any other specific accounts details. paragraph:
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(R.3/93)
12-22.003 DEP ARTMENT OF REVENUE V. 6, p. 226-12 ,~
]. Example L An auditor uses state tax authorized representative, will bc subject to a fee "
information in an audit of a purchaser's use tax covering the cost of duplication or certification as '-- --
liability, where the information is obtained relative provided in s. 119.07, F.S.
to the purchaser's use tax liability during an audit (c) The name and address of any institution,
of a vendor. organization, individua1, or other entity possessing
2. Example 2. An auditor uses state tax a valid sales tax exemption cer:ifìcate may be
information obtained in an audit of a vendee to disclosed upon request.
confirm the status and amount of purchases from a (d) Additionally, with respect to a request for
vendor by t he vendee. verification of a certificate of registration issued
(g) The enumeration in this ruk of activities of pursuant to s. 212.18, F.S., the Department may
the Departmcnt as "Official Purposes" is not all disclose whether the µ<:rson specified by the
inclusive, and should not be construed to deny the requ~ster holds a valid certificate of registration Or
existence of other "ORìcial Purposes" not here whether a specified certificate of registration is
enumerated. valid and the name of the holder. In other words.
(I !) "Ofiìcia\ Purposes" as used in s. 213.053, the Department may verify the validity of certain
F.S., and this rule docs not include the publishing, sales tax registration information which is required
disclosing or conveying of state tax information to to be conspicuously displayed at a dealer's place of
the public by any general means, or disclosure by business, as provided in s. 212.18(3), F.S., or
the Department of state tax information to other contained in a resale certificate issued pursuant to
agencies or persons in conducting their official s. 212.07{ 1 )(b), F.S., and Rule! 2A-1.038, F.A.e.
pu rposes except as specifically provided in The Department shall not disclose a certificate of
s. 2 I 3.053, F.S., and these rules. registration number or any other tax information
Specific Awhorit)' 2/3.06(1) FS. Law Implemented except as strictly provided in s. 213.053. F.S.
]/3.05. ]/3.053. 2/3.28 FS. Hisrory-New /2-/8-88. (e) The Department may also disclose certain
Amended 1/-/4-9/, 6-23-92. state sales tax information relating to the
12-22.003 Confidentiality of Tax Information. cancellation or revocation of sales and use tax
(1) The Department of Revenue shall protect certificates for the failure to collect and remit sales
the confidentiality of all tax information as tax. This information is limited to the sales tax
required by s. 213.053. F.5. Access to tax certificate number, trade name, owner's name,
information under s. 213.053. F.S., shall be business location address, and the reason for the
restricted 10 those agents or employees of the cancellation or revocation.
Department who have a need to access the (4 )(a) Federal tax information received by the .
information to perform their duties, except where Department IS confidential and shall not be
disclosure to other persons or entities is authorized disclosed by the Department except as strictly
by statute. provided in 26 U.S.e. s. 7213 or 26 U.S.e.
(2) All tax information is confidential and may s. 6103. All federal tax information must be
not be disclosed except for official purposes. Tax removed from records which are su bject to
information is exempt from the public inspection disclosure under s 213.053(2), F.S.
and examination provisions of Chapter 119, F.s. (b) Federal statutes 26 U.S.e. s. 7213 and 26
No Department employee, or agent, shall permit U.S.e. s. 6103 are hereby incorporated by
the disclosure of tax information except as provided reference in these rules. Copies of these federal
in s. 213.053, F.S., and in these rules. However, laws may be obtained by written request directed to
~~ the Department may disclose statistics so classified the Statutory Compliance Section, Division of
as to prevent identification of particular accounts. Taxpayer Assistance, Florida Department of
The Departmer.t may also disclose technical Revenue, P.O. Box 7443, Tallahassee, Florida
assistance advisements from which taxpayer 32314-7443.
particulars have been deleted as required by (5) Any current or former Department
s. 213.22, F.S. employee or officer who makes or participates in an
(3) Exceptions to the general rule of unauthorized disclosure of confidential tax
confidentiality are: information is subject to criminal penalties
(a) A taxpayer, a taxpayer's authorized provided in s. 213 ,053, F.S., and other penalties
representative, or the personal representative of an provided by law, Such person shall also be subject
estate may inspect a taxpayer's return and may to disciplinary action up to and including dismissal.
receive a copy of the return. State tax information Unauthorized disclosures which involve federal tax
may also be disclosed pursuant to written information are additionally subject to the criminal
authorization filed with the Department by a felony provisions of 26 U .s.e. s. 72 I 3(a)(2).
taxpayer. Specific Authority J 13. 06(1 ) FS. La.., Implemented
(b) Records and files appertaining to Chapter /J5.0104. IJ5.0108, /92.105, 193.074. 195.027, /95.084,
206, F.S., Motor and Other Fuel Taxes, are public /96./01. I 99.J}}, JO/.on. JOð.J7. 21/.IJ5. 21/.33.
J/ J.0305, 2/3.053, 213.21. JI3.22. 2/3.J7. 220.142,
unless such information concerns audits in progress 336.025(2}(a), 370.07(3}. 403.7/8, 403.7185, 403.7/95.
or those records and files which are currently the. 538.11. 624.5092. 896.IOJ(2) FS.. s. 34, Ch. 9/-112,
subject of pending investigation by the Department L.O.F. His/ory-New /2-18-88, Amended ]-13-9/.
or the Florida Department of Law Enforcement. / /-/4-91,6-23-9].
Copies of returns released for unofficial purposes, .
or to persons other than the taxpayer orbis
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(R.3/93)
V. 6, p. 226-13 TAX INFORMATION 12-22.004
12-22.004 Access to Tax Information. responsible for the determination of each school
{I) Federal and State Information Sharing district's price level index pursuant to
Agreements. s. 236.081 (2), F.S. Supervisors of those designated
(a) Agencies of the Federal government or other employees, or any other emp10yee or elected officia]
states which have entered into reciprocal within the Executive Office of the Governor shall
information sharing agreements with the not have access to such state tax information.
Department may receive state tax information. All However, the Department will make no disclosure
requests for such information shall be routed of federal tax information to any state agencies or
through the Disclosure Officer for review and to any designated employee of the Executive Office
clearance pnor to disclosure. Federal tax of the Governor, except as strictly provided in 26
information received by the Department pursuant U.s.e. s. 7213 or 26 U.s.e. s. 6103(b).
to information sharing agreements cannot be c. The principals of the Revenue Estimating
disclosed by employees of the Department except Conference, and their designees, may also receive
as strictly provided in 26 U.S.c. s 7213 or 26 state tax information pursuant to a written
U.S.e. s. 6103. agreement between the Executive Director and
(b) The following fedcral and state conference principals for the purpose of developing
representatives, exclusively in the performance of official revenue estimates.
their official duties, are authorized to receive state 2. The Department of State, Division of
tax information from the Department to comply Corporations, may receive, in the conduct of its
with forma! agreements for the mutual exchange of offici a! duties, names, addresses, and dates of
information: commencement of business activities of
I. The Secretary of the Treasury of the United corporations, pursuant to a written agreement
States, or his delegate; between the Executive Director and the agency.
2. The Commissioner of lhe Internal Revenue of Additionally, the Division of Corporations may
the United States, or his delegate; receive the name, address, federal employer
3. The Secretary of the Department of the identification number, and duration of tax filings
Interior of the United Stales. or his delegate; with this state of all corpora Ie or partnership
4. The proper disclosure of1iccr of any state. or entities which arc not on file, or have a dissolved
his delegate. SlalUS with thc division, and ·which have tiled tax
(c) The Department ma\' prl!vidc certain Slale returns rursuant to either Chapter 199, F.S.,
tax information to a Uniled Stalcs Trustee, Or his (intangible personal property tax) or Chapter 220.
designee, for any United States Bankruptcy Court, F.S., (corporate income tax) with the Department
exclusively for offIcial purposes inv01ving the of Revenue.
administration of a bankruplcy estate. Disclosure is 3. The Department of Business Regulation may
limited 10 state tax information relating to the receive the following information pursuant to a
payment or nonpayment of taxes imposed under written agreement between the Executive Director
any revenue law of this state, including any and the agency. The Division of Alcoholic
amounts paid or due, by a trustee, debtor, or debtor Beverages and Tobacco may receive information
in possession. Requests for such information should relative to Chapter 212, F.S., Tax on Sales, Use,
be directed to the Administrator, Bankruptcy and Other Transactions and Chapters 561 - 568,
Section, Carlton Building, Tallahassee, Florida F.S., Beverage Laws. The Division of Florida Land
32399-0100. Sales, Condominiums, and Mobile Homes may
t$ij ~~ (d) The Department may also provide state tax receive information relative to Chapter 212, F.S.,
..~~. information to the Nexus Program of the Tax on Sales, Use, and Other Transactions and
Multistate Tax Commission pursuant to a formal ss. 326.001 - 326.006, F.S., the Yacht and Ship
information sharing agreement between the Broker's Act, in the conduct of its official duties.
Executive Director and the Commission for the The Division of Hotels and Restaurants may
mutual exchange of taxpayer information. receive names, addresses, and sales tax registration
(2) Specified Agencies and Designated information in the conduct of its official duties.
Employees of the State of Florida. 4. State tax information relating to Chapter
(a) State agencies and certain designated 211, F.S., Tax on Severance and Production of
employees, in the performance of their official Minerals; Chapter 376, F.S., Pollutant Discharge
duties, may access state tax information received Prevention and Removal; and Chapter 377, F.S.,
by the Department of Revenue, as provided in Energy Resources, may be provided to those state
ss. 213.053(6) and (7), F.S., as follows; agencies which, pursuant to written agreement
l.a. The Auditor General, the Comptroller, the between the Executive Director and each agency.
Treasurer, and the Insurance Commissioner, or request in writing such information as required in
their authorized agents, may, in the performance of the performance of their official duties.
their official duties, obtain any state tax 5. The Department of the Lottery and the
information received by the Department of Department of Banking and Finance, in the
Revenue in the administration of taxes. conduct of their official duties, may receive names,
b. Additionally, state tax information shall be addresses, taxpayer identification numbers, and
provided to those designated employees of the outstanding tax liabilities pursuant to a written
Executive Office of the Governor. who, in the agreement between the Executive Director and
performance of their official· duties. are directly these agencies.
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12-22.004 DEPARTMENT OF REVENUE V. 6, p. 226-]4
6. The Department of Environmental Department of Revenue, as provided in s. 2] 3.053,
Regulation, in the conduct of its official duties, may F.S.. and other applicable Jaw.
receive information relative to Chapter 212, F.S.. (3) Local Government. Local governments and
Tax on Sales, Use, and Other Transactions and certain county officials in this state may obtain
names and addresses of persons paying taxes state tax information only as provided In
pursuant to Part IV of Chapter 206, Fuel and ss. 213.053(6) and (9). F.S.. and s. 213.0535. F.S.
Other Pollutants, pursuant to a written agreement (a) The governing body of a municipality.
between the Executive Director and the agency. county. Or a subcounty taxing district may receive
7. The Department of Banking and Finance and the names and addresses of registered sales tax
the Department of Law Enforcement, during joint dealers who reside within or adjacent to the taxing
investigations of large currency transactions by boundaries of the county or subcounty district.
those two departments and the Department of provided such governing bodies comply with the
Revenue, may access information and documents requirements in s. 2 J 3.053(9), F.S.
filed with the Department pursuant to (b) The property appraiser or tax collector. Or
s. 896.102(1), F.S.. without a subpoena. Any of their authorized agents, arc authorized in the
these departments may use the information and performance of their duties to rcceive pursuant to
documents so obtained in any civil or criminal s. 195.084( I), F.5.. useful state records and
investigation and in any court proceeding. returns received by the Department in connection
8. The Title [V-D child support enforcement with the administration of taxes. The property
program of the Department of Health and appraiser, tax collector and their authorized agents
Rehabilitative Services may receive location arc subject to the same requirements of
information limited to the names and addresses confidentiality and the same penalties for violation
contained in returns, reports. accounts or of the requirements as the Department as provided
declarations filed with the Department by persons in s. 213.053, F.S. All such requests for disclosure
subject to any of the taxes enumerated in s. 213.05. of state tax information sha II be made through the
F.S., to assist in the location of parents who owe or Disclosure Officer, P. O. Box 37372. Tallahassee.
potentially owe a duty of Support pursuant to Title Florida 32315-9998, The following conditions must
IV-D of the Social Security Act. Additionally, the be followed by the property appraiscr or tax
Department may disclose asset information limited collector in order ~\) rcceive statc tax information:
to the number of units. value. and description of all (c) The Department 01 Revenue is authorized te'
intangible personal property contained in returns, establish a Registration Information Sharing and
reports, accounts, or declarations filed with the Exchange Program and share pursuant to written
Department by persons subject to tax pursuant to agreement such information as specified, with OIher
Chapter 199, F.S., to the title [V-D child support state agencies and units of the Jocal government as
program to assist in the location of assets owned by provided in s 213.0535. F.S.. and the rules of the
parents. Employees of the Title IV -D child support Department.
enforcement program arc bound by the same I. No federal tax information will be made
requirements of confidentiality and the same available.
penalties for violation of the requirements as the 2. All property appraisers and tax colleclors.
Department. This exemption is subject to the Open their employees or agents who are to review state
Government Sunset Review Act in accordance with tax information must acknowledge in writing that
s. 1I9.14. they are aware of the criminal penalties for
~~ (b) Requests for only statistical information violationofs. 213.053, F.S.
' . '.' . , ,., '. . ' , '. '~--.:.. should be directed to the Administrator, Tax 3. The specific titles of persons within the
Research Section or to the Director, Division of property appraiser's and tax collector's office who
Information Systems and Services, Carlton will view state tax information must be listed.
Building, Tallahassee, Florida 32399-0100, as 4. The person receiving such information shall
appropriate. Other official requests from use the information only for official purposes.
authorized state agencies should be disclosed 5. The person receiving state tax information
according to procedures approved by the Disclosure shall not disclose such information.
Officer, The Disclosure Officer shaIl maintain all 6. The person receiving state tax information
written agreements between the Executive Director shaIl either keep the information under lock and
and agencies authorized to receive information and key or burn or shred such information.
periodicaIly review the procedures and the 7. The person within the property appraiser's or
disclosure activity of the agency to ensure tax collector's office whose duty it is to see that such
compliance with statutes governing the conditions are strictly met must be designated.
confidentiality of tax information. Any questions or (4) Disclosure Pursuant to Court Order or
requests not covered by existing procedures or Subpoena.
agreements should be directed to the Disclosure (a) State tax information is subject to disclosure
Officer, P.O. Box 37372, Tallahassee, Florida only under an order of a judge of a court of
32315-9998. State agencies receiving state tax competent jurisdiction or a criminal subpoena
information from the Department are bound by the duces tecum (except RICO Act subpoenas), as
same requirements of confidentiality and the same provided in s. 213.053(8), F.S. All returns, reports.
penalties for violation of these requirements as the accounts or declarations received by the
Department. including investig2tive reports and
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V. 6, p. 226-15 TAX INFORMATION 12-22.005
information, or information contained in such enforcement officer" has the meaning prescribed in
documents, except federal tax information, shall be s. 943,10, F.S,
provided pursuant to an order of a judge of a court (b) As provided in s, 213.053(10), F.S" the
of competent jurisdiction or pursuant to a subpoena Department may disclose only whether a specified
duces tecum, only when the subpoena is: person holds a valid certificate number or whether a
1. Issued by a state attorney, United States specified certificate number is valid and the name
Attorney, or a court in a criminal investigation, or a of the holder of such certificate, All other state tax
criminal judicial proceeding; information is confidential and subject to disclosure
2. Issued by a state attorney, the Department of only as strictly provided pursuant to s. 213.05J.
Legal Affairs, a United States Attorney. or a court F.S.
in the course of a civil investigation or a civil (8) Disclosure of Transferee Liabihty, The
judicial proceeding under the state or federal Department of Revenue. in the conduct of its
Racketeer Inf1ueneed and Corrupt Organization official duties, may provide (0 a person agalJ1s'
Act. whom transferee hability is being asserted pursuant
(b) Subpoenas under s. 213,053(8), F.5" to s, 212,10(J). F.S., information relating to the
seeking disclosure of reports of large currency basis of a claim,
transactions filed with the Department under (9) Compensation for Information, The
s. 896.1 02(1). F.S., should be served on the Department may discìose to a person entitled to
Administrator. Illegal Drugs and Money compensation pursuant to s, 213.30, F.S. the
Laundering Section, Carlton Building. amount of any tax. penalty or interest collected as a
Tallahassee. Florida 32399-0100. as custodian of result of information furnished by such person to
the reports, the Department.
(c) Orders of a judge and criminal and RICO Specific Aurhoriry 2/3.06(1 J f"S. /A'k' lml'lt:nu'flled
Act subpoenas which seek disclosure of all other tax 14./08(5),212./0(1). 213.05, 213.053. 113.0535, 213054,
information should be served on t he Records 21322,21327,21328,113.30,1196./(1: fS,' 17, Ch.
Administrator, Bureau of Registra tion and 92-/38, s. 8,92-3/9, H. 31, Jó, Ch. Q:·32/1" 15,0.
Records. 920 E. Lafayette St.. Tallahassee, Florida 91-326. LO.F. Hislory--Nt'k' /2·18·88, AOIl>ndl'd
32399-0100. as the designated custodian of records 12-6-89.2-/3-91. 11-/4-91. /·5·93
for the Department. 12-22.005 Disclosure Procedures.
(d) In civil cases (except RICO cases), an order (I) Taxpayer Requests for Tax Informat,on
of a judge of a court of competent Jurisdiction IS (a) The Department will permi\ Uxpaler, '"
required to divulge state tax information. their authorized representatives ll) inspect ~\ )d
(5) Debt Collection Agencies. receive copies of the taxpaycr\ lax returns ~1.nd
(a) The Department may disclose state tax related documents filed with the Department. when
information as necessary to those debt collection lawfully requested. Department records arc
agencies, attorneys, or auditing agencies contracted maintained within the Permanent F,les Section,
pursuant to Chapter 287, F,S" for the purpose of 920 East Lafayette Street. Tallahassee, Florida
collecting any taxes, including penalty and interest, 32399-0100, and are available for authorized
on behalf of the Department. inspection Monday through Friday, excluding legal
(b) Debt collection or auditing agencies holidays, between the hours of 8:00 A.M. and 5:00
contracted by the Department shall be bound by P.M,
the same requirements of confidentiality as the L Taxpayers seeking disclosure of their
~~~ Department of Revenue. Breach of confidentiality confidential tax information In person must
is punishable as provided in s, 213.053, F.S. establish proper identification, such as a valid
(6) Private Auditors Under Contract. driver's license or personal identification card. The
(a) The Department may enter into contracts signature of the taxpayer will also be compared
with certified public accountants to audit certain with the signature displayed on the appropriate
taxpayer accounts on behalf of the Department, identification instrument;
under the conditions provided in s. 213.28, F,S. 2, Taxpayer representatives req uesting
(b) Certified public accountants who enter into confidential information in person are also required
such contracts are bound by the same to . established proper identification, A notorized
confidentiality requirements and subject to the authorization or power of attorney from the
same penalties for disclosure as provided for in taxpayer must be presented prior to the release of
ss. 213,053 and 213.28, F.S., and these rules. confidential state tax information. See (2)(b)3. of
Willful violations of the confidentiality provisions this rule,
by private auditors are punishable as provided in (b) Taxpayers or their authorized
s. 213.28(4), F.s, representatives, after establishing their identity,
(7) Law Enforcement Personnel. may inspect, in person, any state tax documents
(a) The Department may, with respect to a filed by or on behalf of the same taxpayer. Audit
request by a law enforcement officer, verify a reports that have previously been furnished to the
certificate of registration issued pursuant to taxpayer may also be inspected, However, audit
s. 538.09, F,S" to a specified secondhand dealer or workpapers, interoffice communications.
pursuant to s, 538.25, F,S., to a specified metals investigative reports, and cover letters expressing
recycler. For the purpose of this rule, "law opinions may not be inspected without prJor
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(R.3/93)
12-22.006 DEPARTMENT OF REVENUE V. 6, p. 226-16
authorization from the Executive Director or the state tax information by telephone only when the
Assistant Executive Director or their deJegate. identity of the caller is established as that of the
(c) Prior to making state tax information taxpayer or his authorized representative.
available for inspection or copying, the custodian or (a) Persons who claim to be taxpayers will be
employee making disclosure shall disassociate all advised that the requested information must be
federal tax information and all other reports, researched for a return call. The return telephone
documents, or information, the release of which is number must be verified as belonging to the
not authorized. taxpayer prior to the disclosure of any state tax
(2) Written Requests for Tax Information. A information.
taxpayer, a taxpayer's authorized representative, or (b) A person who claims 10 be an authoriz.ed
the personal representative of an estate may representative of a taxpaver must have a letter of
request the taxpayer's returns by a written request authorization or power of a1tl)rney on file with the
directed to the Records Administrator, Permanent Department. The representative will be advised
Files Section, 920 E. Lafayette Street, Tallahassee, that upon verification 01 such authorization,
Florida 32399-0100. requested state tax information will be researched
(a) Included in those classes of persons who are for a return call. The return telephone number
allowed access to previously submitted state tax must be verified as belonging to the authorized
information upon writlen request are the taxpayer representative prior to the disclosure of
authorized representatives of corporations, any tax information.
partnerships, trusts, estates, receiverships, and (c) Persons who request copies of state tax
other artificial entities. information by telephone will be advised that the
(b) Written requests for tax information shall be requested information will be mailed to the address
signed by the taxpayer or the taxpayer's authorized of the taxpayer on record. unless the taxpayer
representative and shall state taxpayer's name, submits a written authorization requesting that the
address, account number, the type or class of tax documents be sent elsewhere.
and taxable period of the records requested. (4) Requests for Statistical Information.
Requests received from corporations must be Statistical reports, compiled from tax return
signed by a principal officer and attested to by the information, shall be released bv the Depanment if
secretary or another officer of the corporation. such tabulations arc so cbssiflcd t" prevent the
I. All copies of state tax returns filed by or on identification of panicuhr accounts. reports,
behalf of a taxpayer are sent directly to the declarations, or returns. :\11 requests seeking
taxpayer's address of record unless the taxpayer statistical information compiled frOIll tax return
requests, by power of atlorney or proper writlen information should be addressed to the Director,
authorization, that the information be sent to Information Systems and Services. Room 113,
another address. Carlton Building, Tallahassee, Florida
2. A taxpayer's representative may be 32399-0 I 00. Requests which require special
authorized to receive copies of state tax returns and programming will be subjecl to a fee based on the
state tax information on behalf of the taxpayer. The cost of preparation.
laxpayer must submit written authorization for .(5) Requests for Technical Assistance
such disclosure prior to the release of any returns or Advisements. T echnicaJ assistance advisements
return information by the Department. and requests for technical assistance advisements
3. A taxpayer may authorize his representative are confidential and not subjecl to public inspection
~~ to receive confidential state tax information by a or examination pursuant to Chapter 119, F.S. The
. ..... . . .~.~ documented Power of Attorney filed with the disclosure of technical assistance advisements is
Department. The Department prescribes form subject to the provisions of ss. 213.053 and 213.22,
DR-835, Power of Attorney, dated December, F.S. Technical assistance advisements with
1988, as the form to be used for the purposes of this taxpayer names, addresses, and identifying details
chapter. This form may be obtained without cost deleted may be disclosed. The disclosure fee of
from the Department of Revenue. Supply Section, S5.00 each or 50 cents per page, whichever is
Room M-44, Carlton Building, Tallahassee, greater, is eharged for such disclosures. Requests
Florida 32399-0100. Cross Reference: 12C-1.051. for copies of technical assistance advisements shall
F.A.C. be addressed to the Chief, Bureau of Tax
4. The Department shall review all written Information and Assistance, P.O. Box 5139,
requests for state tax information and determine Tallahassee, Florida 32314-5139.
the authenticity of the request prior to disclosing Sp~cific Authority 2IJ.06 FS. Law Implmlenl~d 213.053.
any confidential tax information. Any document 213.22 FS. History-N~w 12-18-88.
whi~h authorizes ~ taxpayer's repr~ntative. to 12-22.006 Delegation of Authority.
recel~e confidentIal state tax. InformatI.on (I) The Authority to disclose state tax
submlt.ted by the taxpayer should be Incl~ded with information is delegated to certain positions within
the WflUen r~u.est for tax records an~ dlrecte~ to the Department. Employees within these positions
Records AdminIstrator, Permanent FIles Sectl?n, shall determine that request for disclosure of tax
920 E. Lafayette Street, Tallahassee, Floflda information meet the statutory provisions for
32399-0100. disclosure in s. 213.053, F.S., and shall follow the
(3) Telephone Requests for Tax Information.
Department employees may disclose confidential
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(R. 3/93)
Y. 6, p. 226-16A TAX INfORMATION \2_12.007
procedures for disclosure in Rule 12-22.005. with the Department shall certify that they arc still
FAC. subject to the confidentiality and penally provisions
(2) Specific responsibilities are delegated to the of s. 2\3·053, F.S., as it pertains to their
foHowing positions witbin tbe Department to knowledge of confidential taJ<, information
ensure the confidentiality of ta"'\' information and to maintained by the Department of Revenue.
coordinate requests for authorized disclosure of taJ<, Specific Au/hori/Y 2/3.06 FS. /...a'" /mrlem'nl~d ) ¡jU5.
information within the Department. 2/3.053 FS. HisWry-Ne,,' /).18-88.
(a) Division Directors having primary custodY 12_22.007 Registration Informa!Íon Sharing 1I'ld
or control of returns or tax return information will £.J'cbange Program.
determine tbat the ne~ssary safeguards are in (1) Scope of Rule. This rule scellon scts fortn
place to prevent the unauthori2ed use or disclosure g.uidelines and requirements to be u-,cd by \ne
of state or federal tax information. They shall issue Department of Revenue in the implementation 0\
appropriate written instrUctions to employees ss. 213.053 and 213.0535. rs-. as amended and
under their supervision and shall adopt measures to created by s. 32, Ch. 92-3 I 9 and ss. 3 \ ¡lnd 36. Cn.
ensure that employees remain thoroughly familiar 92.320. L.O.F.. which creates the Regislfation
with and strictly adhere to the rules and procedures Information Sharing and E1lchange Program to bc
governing confidentiality and the disclosure of taJ<, coordinated by the Dçpar\ment. This e>:.changc. of
information. T~ley arc responsible for publishing registration information between the Department.
specific procedures to ensure the security of other state agencies, and units of local government
confidential ta",\. information during emergency is designed to improve the enforcclnent of spccihc
conditions. state and local ta",\.es, licenses and permits
(b) Tbe Disclosure offi~r is responsible for the (2) Definitions. For purposes of this rule section.
development of security directives and the periodic the terms and phrases used in these rules shall have
revIew of security procedures within the tbe meanings prescri~d in this scction. unless a
Department. A report of all findings is furnished to different meaning is clearly indica led by the
the Executive Director for action as deemed conteJ<,t in whicb the term or phrase is used.
appropriate. The Disclosure officer is the Federal! (a) "Department" me¡lns \ne Fll)rida
State coordinator, and is responsible for the Department of Revenue.
development of information sharing ag.reements (b) "Agency" means an \)Ihci:.ll. ,,)n\~~t .
with appropriate federal and state agencies. This commission. authority. councl\. ",mn"\\CC
person actS as liaison with federal and state department, division. bureau. o<,,,rd. "C\\l)". ,',¡
agencies and their appropriate administratOrs another unit of governmen\.
concerning the e",\.change of taX information. The (c) "Unit of Local Government" nKan~ ;\
Disclosure offi~r reviews all requests from county. municipality, or consolida\ed C,tv-C<,unt;
counties and taxing districts req ues ti ng government.
information in accordan~ with s. 213.053(9). (d) "County" means a political sub·dlvislon of
F.S., for statutory complian~. Accordingly, the the state established pursuant to s. \. ¡\flick VI\\
Disclosure Offi~r is authoò~ed to receive and of the State Constitution.
request any tax information within the Dçpartment (e) "Municipality" mea ns a municipality
of Revenue or the above referenced entities, when created pursuant to s. 2 or s. 16, Article V \I I of
such information wm facilitate pcrforman~ of the State constitution.
these duties and responsibilities. (f) "Eligible Participant" means any state
~~~~~ (c) Tbe Records AdministratOr. Bureau of agency or unit of local government which collects
. .-" '." >..' - ,- -. ..". -.' Registration and Records. is designated as the administerS enumerated under
and ta",\.es
Custodian of Records for the Department. The subsection (5) of tbis rule.
Records Administrator is responsible for copying (g) "Due Date" means 20 days after the close of
and ~rtifying records for use: in court and the the reporting period. for example, the monthly
processing of requests to inspect or rc:ccive copies of exchange of sales ta",\. registration information
returns. shared ~twc:c:n Lc:vel-one participantS for the
(d) The Administrator. megal Drugs and montb of I)eCCmber. 1992. will ~ due on January
Money Laundering Section. is designated as tbe 20, 1993. for LeVel-twO participants, the quarterly
Ç\lstodian of the reports of large currene)' report for January through March of 1993 will ~
transactions and is responsible for disClosure of due on April 20. 1993. for the purpose of these
documents and information filed with the rules, cÎther Departmental re~ip\ or postmark on
Department under s. 896.102{ I). f .5.. pursuant to the 20th day after the close of the reporting period
a subpoena served under s. 2\3.053(8). f.S. shall constitute a timely filing.
(e) Employees of tbe Department of Revenue (b) "Reporting Period" means calendar month
shall ~ required. at least annually, to review the or calendar quarter.
procedures governing confidentiality and the (i) "RISE" means Registration Information
authorh:ed disclosure of confidential information Sbaring and Exchange Program.
and to ~rtify that they are familiar with them. All (3) Program Participants.
neW employees are required to read the policy and (a) Tbe Borida Department of Revenue.
procedures regarding confidentiality and to ~rtify Section 2\3.0535, F.S., designates the Departmenl
that they have read and understand them. as the coordinator of the RISE Program In
Employees who are terminatiTIß their employment
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12-22.007 DEPARTMENT OF REVENUE v. 6, p. 226-16B
addition to participating in the RISE program as a return it to the Disclosure Onieer. Florida .
Level-two participant, the Department is Department of Revenue, P.O. Box 37372,
authorized to prescribe the following elements of Tallahassee, Florida 32315-9998. Failure to
the program: properly complete and return the ^¡treement for
I. Format in which tax information will be Sharing Information will prevent the unit of state
shared by RISE participants; or local government from obtainin¡t confidential
2. Methods by which information may be state tax information authorized under the RISE
shared; program.
3. Tax registration information as authorized (c) For the purpose of these ruìes. the
under s. 213.0535(2), F.S., which is subject to Department adopts by reference the Agreement for
sharing; and. Sharing Information For Level-one Participants,
4. The data elements 10 be shared and the and the Agreement for Sharing Information For
frequency of sharing required of Level-two Level-two Participants, dated 3/93, for purposes of
participants. entering into information sharing agreements
(b) Level-one Participants. Participants in this under the RISE program. These forms may be
category include units of state and local obtained by written request to the D,sclosure
government which are responsible for Officer, Florida Department of Revenue. P.O. Box
administering and enforcing sales and use tax 37372, Tallahassee, Florida 32315-999H.
imposed under Ch. 212, F.S.; tourist development (5) Information Subject to Sharing.
tax imposed under s. 125.0104, F.S.; tourist (a) Level-one Participants. With regard to the
impact tax imposed under s. 125.0108, F.S.; local taxes, licenses, and permits enumerated In
occupational license taxes imposed under Ch. 205, paragraph (b) of subsection (3) of this rule,
F.S.; convention development taxes imposed under participants in this category shall nchange and
s. 212.0305, F.S.; public lodging and food service share data, on a monthly basis, regarding new
est a blishment licenses imposed under Ch. 509, registrants, new filers, or initial reporters,
F.S.; and beverage law licenses imposed under Ch. permittees, or licensees. The information subject to
561, FS such exchange shall include:
(c) Level-two Participants. Participants in this I. Registrant's, licensee's or taxpayer's name
category include the Department of Revenue and (name of business and owner);
local oftìeials who are responsible for collecting the 2. Business mailing address, including zip code:
tourist development tax imposed under 3. Business location address. including zip code;
s. 125.0104, F.S.; the tourist impact tax imposed 4. Federal employer identification number or .
under s. 125.0 I 08. F.S., or a convention Social Security number (where authoTlzed under
development tax imposed under s. 212.0305, F.S. the Federal Privacy and Confidentiality Act);
In addition to the data shared by Level-one 5. Business kind code;
participants, Level-two participants are also 6. County code;
responsible for sharing and exchanging tax 7. Applicable state or local license or
payment history; audit assessments; and registration number;
registration cancellations of dealers engaging in 8. Business opening date; and,
transient rentals. Such data exchange shall be 9. Telephone number, if available.
limited to sales and use tax, tourist development (b) Level-two Participants. With regard to the
~~~ti taxes, and convention development taxes, taxes enumerated in paragraph (c) of subsection
( 4) Execution of Information Sharing (3), participants in this category shall share and
Agreements. exchange data as specified in paragraph (a). In
(a) Prior to the exchange of any information addition to the data shared by Level-one
authorized pursuant to s. 213.0535, F.S., the participants, Level-two participants shall exchange
Department will provide all eligible Level-one and data relating to tax payment history, audit
Level-two participants with an Agreement for assessments, and registration cancellations of
Sharing Information. This information sharing dealers engaging in transient rentals. Such data
agreement, entered into between the Executive shall be related only to sales and use taxes, tourist
Director of the Department and the specified development taxes, and convention development
participant in the RISE program, will set forth taxes.
requirements with regard to confidentiality and (c) Information shared pursuant to the RISE
penalties for the unauthorized disclosure of state program shall be used only to administer and
tax information; establish minimum procedures enforce the taxes. licenses, and permits enumerated
prior to the receipt of state tax information; in paragraphs (b) and (c) of subsection (3) of this
establish the data elements to be exchanged and rule.
time frames for this exchange; provide for the (6) Methods for Transmitting Data. The
confidentiality of federal tax information; and Department shall provide three methods for the
provide a clause for further modifications or transmission of data between eligible participants
terminations. of the RISE program. They include magnetic tape,
(b) Upon receipt of the Agreement for Sharing floppy disk, or, upon prior approval by the
Information, the eligible unit of state or local Department, manually generated reports.
government or local officia 1 as described in (a) Eligible participants are required to share f
subsection (3) shall execute the document and information to the fullest extent practicable on a
fit' .. ~, ~. - ~.;\ . i\ ~' .1' f .\ ~'t ·,It {
-.1' f· , f' .
,.,. "
...
.,
(R. 3/<;3)
V. 6, p. 226-16C TAX INFORMATION 12-22.007
computer-processable medium. Manually 4. Number of tracks - 9
generated reports or other non-machine readable 5. Parity - Odd
data may be used as a method of data transmission 6. Recording mode - fixed length
only if prior approval is granted by the Department. 7. Labeling Internal Requirements:
(b) Eligible participants in the RISE program a. Unlabeled
shall indicate their proposed method of data b Only 1 tape mark at the beginning of tape reel
transmission on an attachment to the Agreement c. 2 tape marks at the end of tape reel
for Sharing Information. Subsequent to review and B Blocking Factor:
approval by the Director, Division of Information a. Depending on record length. nOl I" oc("e(;
Systems and Services, the participant will be 17')2 characters per block.
notified of the approved method of transmission, (b) Diskette Requirements:
when the first information exchange will be due. I. 5'4" Diskette:
and a current list of all approved participants. a Recording density
(c) The method of transmitting information I High density. 1.2M or
does not change the prescribed due dates for receipt II Double density. 360K
of sha red information. In the event tha t the b. IBM PC Compatible format
participant fails to fulfill its obligations for c. ASCII text format -- no embedded decllnals
participating in the RISE program in accordance or sIgns
with s. 213.0535, F.S., the Department of Revenue 2. 3 W' Diskette:
is authorized to suspend the routine providing of a. Recording density
tax information to the participant and, in its role as I. High density, 1.44M or
coord i na tor of the RISE program, is also II. Double density, nOK
authorized to recommend that other participants in b. IBM PC Compatible Formal
the RISE program suspend any information c. ASCII text format - no embedded decimals
exchange activity with the participant. Or signs.
(d) Eligible participants who are required to 3. The DOS command backup may be used
transmit information under the RISE program and when file will take multiple diskeltes. If used. the
who are unable to make a timely exchange because providing agency will physicallv indicate un the
of system failure, incomplete data, or other reasons disketlt·s.
which are beyond the participants control, shall (e) ('"r!rldge ReCjuirements:
contact the Director, Division of Information j Sidndaro 34S0 cartridge
Systems and Services at (904) 488-3171 or FAX 2 Den,illes up 10 3SK
(904) 922-2448. 3. T\umbel of tracks- IS
(e) The Department of Revenue may suspend (d) 1. Labeling:
the routine providing of tax information to the 2. External Requirements:
participant and, in its role as coordinator of the a. Name and address of sender
RISE program, may recommend that other b. Recording industry
participants in the RISE program suspend any c. Number of reel, series beginning with No. I
information exchange activity with the participant and showing total number of reels _.
in instances where the participant does not Example: Reel I of 2, Reel 2 of 2
consistently transmit timely information or d. Registration applicable period
repeatedly fails to share information with other (e) I. Data Record Explanation:
~~~ participants. 2. Registration Record - information related to
--- (7) Format Requirements. The following new registra tions. Fixed length of 512 bytes.
describes the format of files to be sent to Florida (I) General Information:
Department of Revenue, Sales Tax License I. All numeric fields are in unpacked format,
Registration, G-3 Carlton Building, Tape Library, preceded with zeroes, right justified and zero-filled
Tallahassee, Florida 32399-0100, for Sales Tax when not used.
License Registration information. The file is to be 2. All alpha-numeric fields are to be left justified
submitted on tape (this is preferred) or diskette by and space-filled when not used.
the 20tb of each month for tbe previous month's 3. The attached Magnetic Media Transmittal
new registrations, should be completed and returned with the tape or
(a) Tape Requirements: diskette.
1. Type of tape - Y.t inch mylar base, oxide 4, It will be the policy of the Florida Deparlment
coated of Revenue to erase all data from the magnetic
2. Recording density - 1600 or 6250 bytes per media pfJor to returning, unless otherwise
inch requested in writing.
3, Character set - EBCDIC, UPPERCASE (g) Magnetic Tape/Diskette File Description of
LEITERS ONLY Registration Record:
! " .H # -j''þ , ..l\ ,.Jf ., ~r ,
f ."y ~, -, ''Í; . ¡." ~
'.
(R.3/93)
11-22.007 DEPARTMENT OF REVENUE V. 6, p. 22i)..16D
Position Field Length
-
ì 40 Registrant Name A40
4) ~ 80 Registrant Address A40
j~ I 107 Registrant City A26
108 108 Filler AI
109 110 Registrant State A2
I! J ì 2 Filler A2
I 1-' - 121 Registrant Zip Code N9
J ~ 2 -~ 1:11 Registrant Phone Number NIO
¡ .Î2 Ii J Business Location Name A40
,., 211 Business Location Address A40
.'.:.
212 ?J~ Bu,:iness Location City A26
:.ì9 239 hike Al
2~() 241 Business Lücation State A2
142 24J Filler A2
;'.1.) ~5.::! Business Location Zip Code N9
~:'J 262 Husiness Location Phone Number NIO
.:«\ 271 Federal Employer Identification or Social Security Number N9
27'2 :"ï2 FEI -- SS Indicator NI
I -. Social Security Number
3 - Federal Employer Id.
',-;-. 276 SIC code N4
;.'
-"77 -278 County Code N2
(by Department Standard)
~:tJ 2~() City Code N2
(by Department Standard)
2\) 2K2 Kind Code An
(by Department Standard)
:y..¡ Sales Tax Registration Number NI2
',;..::.: ;1)(1 Business Open Dale Nil
(YYMMDD Format)
;OJ New or Re-issue AI
N - New Registration
R _. Re-issue Registration
A .- Address Change
-'02 401 Local Registration Numbers AIOO
(Registration number and individual business codes separated by commas
with format provided by local government)
402 -- 512 Filler AliI
(8) Frequency of Exchange. (9) Due Dates; General Provisions. EJ;gible
(a) Units of state and local government which participants who share the tax administration
~~~¡¡¡¡¡; are Level-one participants shall exchange, on a information specified in this section shall transmit
monthly basis, the data enumerated in paragraph such data within 20 days after the close of the
(5 )(a) of this rule for each new registrant, new filer, reporting period.
Or initial reporter, permittee, or licensee with (a) General information concerning the
respect to the taxes, licenses, or permits specified in Registration Information Sharing and Exchange
paragraph (3)(b) of this rule. Program should be obtained by written request to
(b) The Department of Revenue and local the Disclosure Officer, Florida Department of
officials who are Level-two participants shan Revenue, P.O. Box 37372, Tallahassee, Florida
comply with the monthly exchange requirements 32315-9998 or telephone (904) 488-4328.
imposed on Level-one participants. Additionally, (b) All specific questions regarding the status of
Level-two participants shall exchange, on a any data supplied by the Department of Revenue
quarterly basis, information as provided In should be directed to the Director, Division of
paragraph (5)(b) of this ruJe. Audit assessments Information Systems and Services, Florida
and registration cancellation information shall be Department of Revenue, 113 Carlton Building,
provided on a quarterly basis while tax payment Tallahassee, Florida 32399-0100.
history shall be provided on a request only basis. (10) Confidentiality of Information. Under the
(c) Any requests for tax information outside of provisions of s. 213.0535, F.S., the ~partment is
the monthly or quarterly exchange provided in this authorized to share specified state tax information
rule shall be made to the Director, Division of with Levd-one and Level-two participants of the
Information Systems and Services, Florida RISE program. Each state agency or local
Department of Revenue, 113 Carlton Building, government and its employees who receive state tax
Tallahassee. Florida 32399-0100. information as provided in s. 213.0535, F.S., shall
'$i ~, ..~·I. ~J ~,. H
> "'Iþ !ItÞ f.,'
. .... ,..
;¡II . ;R ,
, 0' f .
. .
.
'.
~ .. .
(R. 3/93)
V. 6, p. 226-16E TAX INFORMA nON 12-22.007
be bound by the same requirements of Sunset Review Act in accordance with s. 119.14,
confidentiality as the Department of Revenue, F.S.
pursuant to s. 213.053. F.S., and Rule Chapter Spècljic Authoril}' 213.06(iJ FS. L'J'" Implemenred
12-22, F.A.C.. and are subject to the same penalties 1/3.053,2/3.0535 FS...<. 32. Ch. 92-319..n. 31.36. Ch
and exemptions provided in the Open Government 91-320. L.V.F. Historr-- Nek' 3-17-93
~~¡~~
---
~ ',.. ), ..¡ ,t~ , ~~. ,Jj! ;", . tW ,10,1 ;{""'S 'jt It
,\
.,
'.
[ITY DF DELHAY BEA[H
CITY ATTORNEY'S OFFICE 2iJ(J NW 1st AVENUE' DELRAY BE/\CH. FLORIDA 33444
FACS¡ t\!ILE 407/278-4755 Writer's Direct Line
(407) 243-7091
MEMORANDUM
DATE: October 4, 1993
TO: City Commission
FROM: Susan A. Ruby, City Attorney
SUBJECT: Wildor Graindor vs. the City of Delray Beach
This claim arises out of a vehicular accident between a car
driven by Mr. Graindor and a truck driven by a City employee
who ran into the back of Mr. Graindor's car. This incident
occurred on August 26, 1990. Mr. Graindor suffered back pain,
neck pain and headaches. In addition, he suffered a large
multilubulated hematoma on his left leg which required surgery.
Mr. Graindor's medical expenses totaled $10,140.04. In
addition, Mr. Graindor claims lost wages. Mr. Graindor has a
limp and has been unable to continue working as a landscaper
since the date of the accident. Mr. Graindor's initial demand
was for $43,500.00. However, after negotiations with the City
Attorney's office, Mr. Graindor has now agreed to accept a
settlement in the amount of $16,500.00 which includes all costs
and attorney's fees. Our office and Risk Manager, Lee Graham
recommended the settlement in the amount of $16,500.00 as
stated-above with appropriate releases.
By copy of this memorandum to David Harden, our office requests
this settlement be placed on the October 12, 1993 City
Commission agenda for approval.
call if you have any questions.
SAR:ci
cc David Harden, City Manager
Lee Graham, Risk Manager
graindor.sar
'bl)
,. ",,"
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ðf1
SUBJECT: AGENDA ITEM i ~£ - MEETING OF OCTOBER 12. 1993
APPROVAL OF RIGHT OF ENTRY AGREEMENTS
DATE: October 7, 1993
This item is before you to approve right of entry agreements with
various property owners in conjunction with roadway reconstruction
east of the Intracoastal Waterway. The agreements are with the
following property owners: Gary P. Stengel and Fred J. Brotherton.
Recommend approval of right of entry agreements with the above named
property owners in conjunction with roadway reconstruction east of the
Intracoastal Waterway.
¿
'.
[IT' DF DELRA' BEA[H
CITY ATTORNEY'S OFFICE zoo NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444
FACSIMILE 407/278-4755 Wr~~_r·. D~r_c~ ~~n_
(407) 243-7090
MEMORANDUM
Date: October 5, 1993
To: City Commission
From: David N. Tolces, Assistant City Attorn~
Subject: Right of Entry Agreements with Various Property
Owners - Roadway Reconstruction East of Intracoastal
Waterway (ICW)
Before you for approval are agreements with various property
owners whose property may be affected by the roadway recon-
struction east of the ICW. As the agreements are identical,
rather than provide you with each agreement, the following page
includes a list of all property owners who have entered into
the agreement with the City.
The agreement provides that the City will restore the owner's
land to its original condition upon completion of the
construction. The owner agrees to hold the City harmless for
any damage to the owner's property resulting from the
construction. If you have any questions regarding these
agreements, please call.
DNT:sh
Attachment
cc: David Harden, City Manager
Ralph Hayden, City Engineer
Cheryl Leverett, Executive Assistant
entry.dnt
'. ,.,,,
RIGHT OF ENTRY AND LICENSE AGREEMENT
FOR UTILITY CONSTRUCTION
PROJECT: Roadway Reconstruction Plan
East of Intracoastal Waterway
PROJECT NO: 92-02
STREET: Gleason Street
PROPERTY OWNER: Gary P. & Knechtel and Babett G. Stengel
THIS AGREEMENT entered into this I ')-- t-I~ day of
J r
( '''~'.?- I? h t" "
, 1993, by and between the CITY OF DELRAY
V
BEACH, a Florida municipal coJporationì\ (hereinafter
.~~~. / .-1 /'
I -- i ..- I I
referred to as CITY), and ":.:_, Lc:«Y",-.('.-\ ,í..it,,¡ , - .
, ' , ,,)
referred to as (OWNER), provides as follows: (,
"-------
WHEREAS, the CITY is desires to complete the utility
construction and/or modifications indicated on Addendum A,
and;
WHEREAS, the City has determined that the improvements
are necessary to protect the public health, safety, and
welfare, and;
WHEREAS, in order to complete said utility construction
it is necessary for the CITY to enter upon and perform
, I . ',' ",'" " ~, , 'I ,0·' # .. I ,. >' .\:,
, '¡rio,ús, ~tI,rage.. >"J? co,~squMion tasks:;, on í4the' .'follow1ng .
t .' t'" ,,' fi
'aescribed property: t
Page 1 of 4
'.
Beach Lots, Delray
South 27.2 Ft of West 135 Ft of
South 1/2 of Lot 19 North 27.2
Ft of West 135
Ft of N 1/2 OF LT 20
AND;
WHEREAS, as part of this project, the CITY is willing to
reconstruct the OWNER'S land to provide for improved
drainage and paving in ..:onjunction with the CITY'S
improvements, and restore the OWNER'S land, property,
facilities and/or vegetation to its original condition upon
completion of the project at no expense to the owner.
-- modifications
"WHEREAS, the proposed work excludes or
improvements to existing building structures.
NOW, THEREFORE, in witness of the above and in
consideration of the CITY agreeing to conduct the aforesaid
utility construction and/or modifications, and to restore
the property to its original condition, and for other good
and valuable consideration in hand received, OWNER hereby
grants unto the CITY, their Employees, Agents, Contractors,
Sub-contractors, and/or Assigns the license and right to
¡ .. evter 'ueon said ¡and ,of OWNER for .,the purpose of conducting
'.. ,~ I "
"'''' . . .~. . ,1II. . , .~ \. " .." k \ \, ii/#I \ )
,"¡;'
,1 " utility construction ormr'(Ufications. . j f'í
"" . ' J f .~
Page 2 of 4
'.
"
1- The above stated recitals are incorporated herein
as it fully set forth herein.
2 . It is further agreed that for the previously
referenced consideration, OWNER, hereby releases and holds
the CITY harmless from any damages that result or might
result to OWNER'S property as a result of the CITY, the
Employees, Agents, Contractors, Sub-Contractors and/or
Assigns com1ng upon said land for the purposes previously
stated. This paragraph shall apply except in cases of
negligence, gross negligence or intentional acts of
destruction which may occur during the utility construction.
3 . It is further agreed that the license and rights
granted herein shall cease upon completion and finalization
---
of the contract upon which said construction is performed.
4. This Agreement constitutes the entire agreement
and understanding of the parties, and supersedes all offers,
negotiations, and other agreements. There are no
representations or understandings of any kind not set forth
herein. Any amendments to this Agreement must be in writing
and executed by both parties.
IN WITNESS WHEREOF, the parties hereto have accepted,
.. ~ f,:·.. ;' ~ - .-- -~ ..
, *, f)' ~ Dlf'de, a~~ fxecut;.ef th~s lìgr.?e~ent an<\ thrfe ~ 3 )[j ~~untez;p;rts '\,
i' .
II'; '1 j ;
< - fj '~I " if
Page 3 of 4
"
..
, :1 .,
..
; 1
," I I
r
~~. -
.
.
each constituting an original upon the terms and conditions
above stated on the date fi~~~_~~~~th above.
._.~
'-~, ,
'\
\
~\\ ~~)ti¡{¿~Sil(~W \
'--~
'. ...--/
TN S
¿ - /71d· ~
* ~. )-~.
ITNESS
CITY OF DELRAY BEACH, FLORIDA
ATTEST: I
city Clerk
Approved as to Form: .
----
city Attorney
I
. .. . ~
Î ! l " . , 'i·
I \ \ · ~'i \, ~ ~ 1
I " I ,I '" ! '\
1 /1 II ;
" II
l
. Page 4 of 4
"
'.
"
'" . .
RIGHT OF ENTRY AND LICENSE AGREEMENT
FOR UTILITY CONSTRUCTION
PROJECT: Roadway Reconstruction Plan
East of Intracoastal Waterway
PROJECT NO: 92-02
STREET: Bronson Avenue
PROPERTY OWNER: Fred J. Brotherton
THIS AGREEMENT entered into this day of
'"-.--
.1 1993, by and between the CITY OF DELRAY
. :.~. /--- I ,
BEACH, a Florida municipal corporation. (hereinafter
referred to as CITY), and / /
/ ~'.
referred to as (OWNER), provides as follows:
"------
WHEREAS, the CITY is desires to complete the utility
construction and/or modifications indicated on Addendum A,
and;
-
WHEREAS, the City has determined that the improvements
are necessary to protect the public health, safety, and
welfare, and;
WHEREAS, in order to complete said utility construction
it is necessary for the CITY to enter upon and perform
. .~ \ .(, \ . . ~. ",r'f" " \' ~ . . i
~ .~ , 1 t l
~ . éir~ious "storage ...ana 1 construct~on tasks on ~ the following
II,; .... 11 }'/ .,-/
. described property: .
Page. 1 of 4
.,
'.
, j l c
Ocean Park Delray
Lots 1 and 2 / Less South 1 Ft and North 7
Ft st R/W/ and East 25 Ft of'Lt 3
/less 51Ft & N 7 Ft ST R/W/
BLK 3
AND;
WHEREAS, as part of this project, the CITY is willing to
reconstruct the OWNER'S land to provide for improved
drainage and paving ln conjunction with the CITY'S
improvements, and restore the OWNER'S land, property,
facilities and/or vegetation to its original condition upon
completion of the project at no expense to the owner.
'--.
WHEREAS, the proposed work excludes modifications or
improvements to existing building structures.
NOW, THEREFORE, in witness of the above and in
consideration of the CITY agreeing to conduct the aforesaid
utility construction and/or modifications, and to restore
the property to its original condition, and for other good
and valuable consideration in hand received~ OWNER hereby
grants unto the CITY, their Employees, Agents, Contractors,
Sub-contractors, and/or Assigns the license and right to
......t. . "nter uponlsaiCl,landjOfqWNER) for 'the P'irpose of 1conducting¡ Ii
,. . . . f ,f , . t' i " 1 {'
¡I- \ utility'Jon\truction or modifi¿ations. I' ,
1 -'
~
Page 2 of 4.
'.
.:; ;
1. The above stated recitals are incorporated herein
as it fully set forth herein.
2. It is further agreed that for the previously
referenced consideration, OWNER, hereby releases and holds
the CITY harmless from any "damages that result or might
result to OWNER'S property as a result of the CITY, the
Employees, Agents, Contractors, Sub-Contractors and/or
Assigns coming upon said land for the purposes previously
stated. This paragraph shall apply except in cases of
negligence, gross negligence or intentional acts of
destruction which may occur during the utility construction.
3. It is further agreed that the license and rights
granted herein shall cease upon completion and finalization
---
of the contract upon which said construction is performed.
4. This Agreement constitutes the entire agreement
and understanding of the parties, and supersedes all offers,
negotiations, and other agreements. There are no
representations or understandings of any kind not set forth
herein. Any amendments to this Agreement must be in writing
and executed by both parties.
IN WITNESS WHEREOF, the parties hereto have accepted~
_I 4; made and .e~~cuted Ithis'.Agr'eeme~, and .thre¢ (3) counterparts ~.
,~ . ,"' I " t' - -.. - ~ " *,
'''\1* ~ \f~ ~'
Page 3 of 4
'.
... ._~ . '" ,. "" .... 'If" ,"" " 'ff',,' '~ ~, '1"", f ~, -.f- '1" t " t ~ ,
.
each constituting an original upon the terms and conditions
above stated on the date first set forth above.
Í\ /' ~Î
, I -----¿¿t' ,
I--r-/ ~':> ¿r}t-Ju! /~9fj-¿¿//L/~
WITNESS ~ (/ OWNER/AGENT
. ,/
WITNESS
CITY OF DELRAY BEACH I FLORIDA
ATTEST:
City Clerk
Approved as to Form:
---
City Attorney
"-
:'/'N:"':~f) II .... )'N;'J¡,~ II ~", lfi;/I.~ " ~.,'I .~)a)'\')11 ~~.
l " ~~ ì ' ,"" .' ", . I 'JJ
if, " '., f,' '.1 )" '",'
Page 4 of 4
'.
'.
.
[ITY DF DELIAY BEA[H
100 N.W h\ AVENUE . DELRAY BEACH, FLORIDA 33444 . 407/243-7000
......
AI Alañ:aClty
, ~ II'!
1993
MEMORANDUM
TO: David T. Harden, City Manager
FROM: Robert A. Barcinski, Assistant City Manager ~
SUBJECT: AGENDA ITEM #~~ CITY COMMISSION MEETING 10/12/93
APPROVAL SUBLEASE FOR CASON COTTAGE
DATE: October 5, 1993
ACTION
City Commission is requested to approve a sublease agreement
between the Delray Beach Historical Society and the Palm Beach
County Preservation Board for the Cason Cottage property.
Authority to sublease is requested per paragraph G of the Lease
Agreement between the City of Delray Beach and the Delray Beach
Historical Society dated .
BACKGROUND
The Delray Beach Historical Society is requesting sublease
authority for the Cason Cottage property. With the opening of
the Cornell Archives Room at Old School Square, the Historical
Society has found it difficult, with one staff person, to man
both sites. The sublease will allow the Palm Beach County
Preservation Board to move their offices to Delray Beach now,
while waiting for the restoration of the houses being brought
from West Palm Beach to be completed.
The terms and conditions of our original lease are applicable
except for those provisions addressed in the sublease. The
Historical Society will still be responsible for utility
payments, but will collect a portion of those costs from the
sublessee. The City Attorney has reviewed the proposed sublease
and recommends approval with a change in the sublease agreement
which requires the sublessee to provide insurance per the
original lease.
RECOMMENDATION
Staff recommends approval of the sublease between the Delray
Beach Historical Society and the Palm Beach County Preservation
Board as recommended with changes by the City Attorney.
RAB : kwg
THE EFFORT ALWAYS MATTERS
@F',u"""
1','1.,--,1
..
-
I
, Agenda Item No.:
AGENDA REQUEST
Da te: 10/05/93
Request to be placed on:'
X Regular Agenda Special Agenda Workshop Agenda
When: 10/12/93
agenda item (who, what, where, how much): ~ova~ of a
between the Delra Beach Historical Society and the Pa eac ~ounLY
ORDINANCE/ RESOLUTION REQUIRED: YES/~ Draft Attached: YES/NO
Recommenda t ion, ii}t!-ø""~ ~'::t~' ~ ...~.......,..........~ ~
Ó ð4 L-..I ¿¿J~ ..n..... ~ ~ .
,
Department Head Signature: ;;¡:,~ A~_n. .~. /1!>/~/9!1.
Determination of Consistency with Comprehensive Plan:
City Attorney Review/ Recommendation (if applicable): ~~~~
~~~I~::r~ ~ ~~ ~~~~~!ð·AJ_~
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 ~
Hold Until: f/f f
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
.,
,.
AS OCT 04 199) delroy beOCt
istorical society
September 29, 1993
BOARD OF
GOVERNORS
Mr. David Harden, Manager
Ann Alexander Ci ty of Del ray Beach
Barbara G. Backer lOO N. W. Fi rst Avenue
Donna B. Banting Del ray Beach, FL 33444
Gayl L. Brown
Fred B. Devitt, III Attention: Mr. Bob Barcinski
Nancy Earnhart Assistant Ci ty Manager
Dr. E. Monroe Farber
Andrea L. Goodman Dear Mr. Barcinski:
Charles V. V. Hardiman
Robert M. Mayer The Del ray Beach Historical Society requests
Carolyn H.R. Patton permission from the Ci ty Commissioners to reassign our
]oAnn K. Peart 1 ease on Cason Cottage to The Historic Palm Beach
Theresa K. Pfeil County Preservation Board.
Robert H. Rex
Roy M. Simon The purpose of the reassignment of the 1 ease is for
Bettina F. Smith the Preservation Board to maintain an office for one
GayA.Tews year and to preserve the use of Cason Cottage as a
Kathleen S. Wallace restored house museum in the 01 d School Square
Historic District.
OFFICERS Cason Cottage will be open to the public from 11 A.M.
to 4 P.M. Tuesday through Friday each week, for
President. special occasions, and for tours.
Barbara 1" Gellner
First Vice President. The 1 ease wi 11 be in effect from October 13, 1993 to
Mary J. Morrell October 13, 1994. Terms and conditions of the
sublease are attached.
Second VIce President·
Mary Windle . 1
S1.ncere y,
Recording Secretw)" i
~ercedes Scott ~/ ~ J .. # /7
Treasurer f' )'h !Jj~Þf/~
Avis Stanley Mal~V i"¡¿~il e
President
Archivist.
Dottie Patterson MW : dp
......./. '.'. "'."'. ,..'....~~:
, ~_!.}. ...:- ,. -<"'-,. -
~. .
~ '
Offices located at the Cason Cottage Museum
Five Northeast First Street · Delray Beach, Florida 33444
(407) 243,0223 · Fax (407) 243-1062 . Archives (407) 274-9578
'.
,.
SUBLEASE
This SUBLEASE, made this day of , 1993,
between THE DELRAY BEACH HISTORICAL SOCIETY (hereinafter referred
to as "Sublessor"), and THE PALM BEACH COUNTY PRESERVATION BOARD
(hereinafter referred to as "Sublessee").
WHEREAS, the Sublessor is presently the lessee under a certain
lease (hereinafter designated "Prime Lease" ) dated August 4,
1988, between THE CITY OF DELRAY BEACH, a municipal corporation,
as Lessor and THE DELRAY BEACH HISTORICAL SOCIETY as Lessee, a
true copy of which is annexed hereto and made a part hereof and
marked Exhibit "A", and which copy has been initialed by all
parties hereto;
AND WHEREAS, the Sublessor and Sublessee have agreed upon a
sUbletting of said premises on the following terms and
conditions:
1. Said premises (commonly referred to as the "Cason
Cottage" ) shall be open to the public Tuesday through Friday,
11:00 a.m. to 4: 00 p. m. , legal holidays excepted.
2. The premises will be inspected for a current assessment
of needs. A copy of this report is to be provided to both
Sublessor and Sublessee.
3. Sublessor wi II maintain a closet in the back room for
storage.
4. Sublessor will remove all pocketable items from said
premises or store said items in back-room storage closet. Any
larger artifacts left on the premises will be itemized on a
separate inventory to be prepared by Sublessor.
5. If Sublessor uses the premises on weekends or evenings,
then Sublessor will provide the necessary volunteers.
6. Sublessor or the City of Delray Beach will be
responsible for all major repairs as per Prime Lease.
7. Sublessor will maintain insurance for premises,
contents belonging to Sublessor, and liability.
8. Sublessor will remove existing signage.
9. Sublessee will maintain its own insurance coverage for
contents belonging to Sublessee, and will maintain a liability
policy with limits which are acceptable to Sublessor.
'.
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10. Sublessee will be responsible for cleaning the premises.
11. Sublessee will be responsible for payment of the
following:
a) 100% of telephone costs
b) 50% of facsimile costs
c) 50% of security costs
d) 50% of pest control costs
e) 50% of water (utility) bill
Sublessor will remit total payment for these items
directly to the service provider, and will furnish receipts to
Sublessee, who will then reimburse Sublessor in the percentages
above specified.
12. Sublessee may use existing Cason Cottage telephone and
facsimile lines at no cost to Sublessee, except for the
provisions set forth in paragraph 11 (a)-(e) above.
13. Sublessee will change over electricity into its own name
and shall be responsible for payment of all electricity charges.
14. Sublessee shall pay a rental amount of Fifty Cents
(50 ) for the one-year term as provided for in this Sublease.
This Sublease is made pursuant to the provisions of Paragraph
2(g) of the Prime Lease and shall not become effective until
Lessor gives its prior written consent.
The Sublessee hereby acknowledges that it has inspected the
premises and accepts the premises in the condition in which it
now exists.
NOW, THEREFORE, Witnesseth, that the Sublessor hereby leases and
demises to the Sublessee and the Sublessee hereby hires and takes
from the Sublessor, the premises described in said .pri~e Lease,
to be used and occupied by the Sublessee for o-F-Þ. c.e :_H'_ V I'll
and for no ot~fr purpose, for a term to commence on (
Oe---T-. ( f - , 1993, and to end on Oc,..+. /3 _ ,
1994, unless sooner terminated as provided herein.
Except as herein specified, all covenants, terms and conditions
of said Prime Lease shall be binding upon the parties hereto,
their heirs, personal representatives, successors and assigns in
their respective capacities; Le. those binding the Lessor in
said Prime Lease shall bind the Sublessor herein, and those
binding the Lessee in said Prime Lease shall bind the Sublessee
herein.
2
'.
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. .
IN WITNESS WHEREOF, the undersigned have signed this instrument
on this day of , 1993.
In the presence of:
Sublessor
By:
Its:
(as to Sublessor)
Sublessee
By:
Its:
(as to Sublessee)
CONSENT TO SUBLEASE
The undersigned, THE CITY OF DELRAY BEACH, a municipal
corporation, being the Lessor under that certain Agreement dated
, 1988, between THE CITY OF DELRAY
BEACH, as Lessor, and THE DELRAY BEACH HISTORICAL SOCIETY, as
Lessee, does her~ consent and agree to the fo~oing Sublease
from CJc...--+' (] - , 1993 to 0 c...--f-. t' 1 - , 1994.
IN WITNESS WHEREOF, the undersigned has signed this
instrument on this day of , 1993.
LESSOR:
BY:
ITS:
3
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"
.-- LEASE AGREEMENT
STATE OF FLORIDA
COUNTY OF PALM BEACH
THIS LEASE, made this ':<5 day Ofh- ,
19J:l, by and between
the CITY OF DELRAY BEACH, FLORIDA, a
municipal corporation, hereinafter referred to as the "Lessor",
... - - and the DELRAY BEACH
HISTORICAL SOCIETY, jointly and severally, hereinafter referred
to as the "Lessees".
That, subject to the terms ~nd conditions hereinafter
set out, the Lessor hereby lets and leases unto the Lessees
that land and the building and improvements thereon known as
the \lCason Cottage", in the City of Delray Beach, Florida, and
which property is more particularly described on Scheduled À
attached hereto and made a part hereof.
1- Term and Rental. The term of this lease shall
be ten ( l~ years from the 1st day of July, 1988, at an annual
rental of one dollars ($1.00) payable l.n advance, on the first
day of each calendar year; with the op"Lion to renew this lease
for an additional ten (10) year period upon the express consent
of both parties.
2. Covenants of Lessee. The Lessees hereby
covenants and agrees:
a. To Pay Rent. That it will pay the said
rent at the time said and In the manner set out
above, except only In the case of fire or other
casualty as hereinafter provided.
b. To Pay Utilities. That it will promptly
pay all gas, electric. water and telephone charges
which may become payable during the term of this
lease for gas, electricity, water and telephone
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f. Not to Make Alterations. That it will not
make any modifications, alterations or additions in
and to the premises without the express written
consent of the Lessor In advance.
g. Not to Assign. That it will not assign,
sublet or part with the possession of all or any part
of the leased premises without the express written
consent of. the Lessor in advance.
h. To Permit Lessor to Enter. That it will
allow the Lessor, and the Lessor reserves the right,
at all reasonable times to enter and view r.he
premises and to make any repairs which it may see fit
to make.
i. To Yield Up Premises. That at the expira-
tion of the term of this lease, it will peaceably
yield up to the Lessor the premises and all buildings
thereon, in good repa1.r 1.n all respects, reasonable
---------
use and wear and damage by fire and other unavai~able
casualties excepted.
j . To Indemnify Against Accidents and
Negligence. That i'.:. will S2.ve harmless, indemnify
and defend the Lessor, its officers, employees, and
agents, from and against any and all loss, liability
or expense that may be incurred by reason of any
claim or litigation arising out of or In connection
with Lessees' occupancy and use of the leased
premises, including, but not limited to, any a~cident
with the appliances ane fixtures installed by the
Lessees, or the gas, water or other pipes, or from
any damage or neglect arising from or In any way
connected with the use, misuse or abuse of all
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[ITY DF DELAAY BEA[H
100 N.W. 1st AVENUE . DELRAY BEACH, FLORIDA 33444 . 407/243·7000
.....
;Iiir
1993
MEMORANDUM
TO: David T. Harden, City Manager
FROM: Robert A, Barcinski, Assistant City Manager ~
SUBJECT: AGENDA ITEM IgG CITY COMMISSION MEETING 10/12/93
APPROVE SPECIAL EVENT 5TH ANNUAL FALL FESTIVAL
DATE: October 6, 1993
ACTION
City Commission is requested to approve the Peach Umbrella
Association's request to hold the 5th Annual Fall Festival on
Saturday, October 30, 1993, between the 300 and 500 blocks of
West Atlantic Avenue, to provide staff assistance, and to place
directional and event signage in the right-of-way per LDR,
Section 4.6.7 (D)(3)(J).
BACKGROUND
The request involves authority to utilize one traffic lane and
the parking area for the set up of booths, permission to allow
outdoor selling of goods and food, staff assistance in setting
up the stage and bleachers and providing for trash pick-up,
police assistance, set up of roadway barricades, and permission
to place directional and event signage in the right-of-way.
A diagram of the layout is attached. A permit application has
been sent to FDOT. All City services will be provided with on
duty personnel except for the set up and take down of
barricades. The approximate overtime cost for these services is
$250.00, which the Association has agreed to pay.
RECOMMENDATION
Staff recommends approval of the requests from Peach Umbrella
Association to hold the event, to provide City staff assistance,
to place signage in the right-of-way for the event, and to
authorize Peach Umbrella to permit outdoor vendors.
RAB:kwg
Attachment
....0
Cl:\ ' THE EFFORT ALWAYS MATTERS A-.
~ Pnnted on Recycled Paper :J
"
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I
. Agenda Item No.:
AGENDA REQUEST
Date: 10/07/93
Request to be placed on:'
X Regular Agenda Special Agenda Workshop Agenda
When: 10/12/93
Description of agenda item (who, what, where, how much): ReQuest from the
Pea~hUmbrella ARsociation to hold the 5th Annual Fall Festival on Saturday, October 30,
1993. between the 300 and 500 blocks of West Atlantic Avenue, to provide staff assistance,
and to place directional and event signage in the right-of-way per LDR, Section 4.6.7 (D)
(3)(J).
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: I~ '* otn~JJ C1f.tCVð~
~ /
Department Head Signature: ~~.K-f /I ~~~- ~ ,ð/"'µ..3
Determination of Consistency with Comprehensive Plan: pi/(
City Attorney Review/ Recommendation (if applicable): .v4
; I
Budget Director Review (required on all iteas involving expenditure
of funds): /' .;4
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review: éþ NO eM. h~r;t ~ ~/
Approved for agenda:
Hold Until: ~ 4¡ ~ rJ4rr-,
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
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UMBRELLA PLAZA ASSOCIATION, INC.
409 W. ATLANTIC AVENUE · DELRAY BEACH, FL 33444 . 407-265-0200
;.> , ï 1993
September 24, 1993 . .
MAYOR, CITY COMMISSIONERS and CITY MANAGER
City of Delray Beach
100 NW 1st Avenue
Delray Beach, FL 33444
Dear Mayor, Commissioners and City Manager,
Peach Umbrella Plaza Association is desirous of hOlding its 5th Annual
Perfect Harmony Festival and this letter is to request your approval
of this event. We are requesting permission to hold this event on
Saturday, October 30, 1993 from 8:45a. to 6:30p..
The Festival activities being planned for the all day event will include:
-Outdoor selling of goods and foods by various vendors
-Outdoor stage performances and music
-Live on site radio broadcast
-Children's play activity area
We will need the City's staff efforts in providing a stage and bleachers,
traffic controls, trash and garbage containers and pick-up, and policing
of the event.
Thank you very kindly for your consideration of this request, and of
course, for your support which you have always given to Peach Umbrella
.- projects.
"
v
Charlotte G. Durante, President
9/28/93
cc: Nancy King
Joe Weldon
Major Lincoln
Mark Kilbourne
Mike Wigderson
Lula Butler
Need estimate of any overtime costs. RAB
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, " OCT-06-' 93 WED 16: 07 ID: DE~,RAY ENV. SERVICES TEL NO: 407-243-7060 "_,,t:l27EL~,
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER t;!J{
SUBJECT: AGENDA ITEM tf 3/1 - MEETING OF OCTOBER 12. 1993
AUTHORIZATION TO PROCEED/BEACH RENOURISHMENT ENVIRONMENTAL
MONITORING PROJECT - POST CONSTRUCTION
DATE: October 7, 1993
This item is before you to authorize staff to proceed with the
Post-Construction Environmental Monitoring Study phase of the Beach
Renourishment project. This monitoring is required by the Florida
Department of Environmental Protection permit one year after
construction. As a part of the study reef stations are sampled for
sedimentation and coral and sponge conditions. The beach and borrow
area are sampled for infauna condition and sediment organic content.
This study will be performed under the contract with Coastal Planning
and Engineering, Inc. in an amount not to exceed $50,626¡ which will
be reimbursed from Federal, State and County appropriations. A
detailed staff report is attached as backup material for this item.
Recommend approval of request to proceed with Post-Construction
Environmental Monitoring under the contract with Coastal Planning and
Engineering, Inc. in an amount not to exceed $50,626 with funding from
Beach Restoration Fund - Beach Renourishment (Account No.
332-4164-572-63.40).
~
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"
01(
~M
CITY COMMISSION DOCUMENTATION
TO: Q T. Harden, City Manager
THROUGH: " ~ ~ Planning and Zoning
FROM: John Walker, Project coordinat~ ¿t/~
SUBJECT: MEETING OF OCTOBER 12, 1993
AUTHORIZATION TO PROCEED, BEACH NOURISHMENT, POST
CONSTRUCTION ENVIRONMENTAL MONITORING STUDY
ACTION REQUESTED OF THE COMMISSION:
The action requested of the Commission is that of approval
of an authorization to proceed with the Post Construction
Environmental Monitoring Study for the Beach Nourishment
Project.
BACKGROUND:
A follow up environmental monitoring of the Beach Nourishment
Project is required by the Florida Department of Environmental
Protection permit one year after construction. As part of the
study, reef stations are sampled for sedimentation and coral and
sponge condition; the beach and borrow are are sampled for
infauna condition and sediment organic content.
Pursuant to our agreement with Palm Beach County, the City
agreed to offer any coastal engineering or environmental
services to the County prior to authorizing such services to be
performed by a consultant. In a meeting of August 25, 1993,
confirmed by a letter of September 15, we have coordinated with
the Department of Environmental Resources Management and
confirmed that the County agrees that the City should continue
to utilize a consultant for environmental monitoring of the 1992
Beach Nourishment Project.
This item is covered in our contract with Coastal Planning &
Engineering, Inc. Funds are available in the Beach Restoration
Fund. The entire cost will be reimbursed from Federal, State,
and County appropriations.
RECOMMENDED ACTION:
By motion, authorize and direct the City Manager to authorize
Coastal Planning & Engineering, Inc. to proceed with the Post
Construction Environmental Monitoring Study at a cost not to
exceed $50,626. as requested in their attached correspondence.
Attachment:
*Letter from CPE
*Letter to Palm Beach County DERM
T:\advanced\ENVIRONl.DOC
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COASTAL & OCEAN ENGINEE"''oG
COASTAL PLANNING & ENGINEERING, COASTAL SURVEYS
INC. BIOLOGICAL STUOIES
GEOTECHNICAL SERVICES
BOCA RATON: 2481 N.W. BOCA RATON 80ULEVARD. 80CA RATON. FL 33431 (407) 391-8102 TELEFAX: (407) 391·9"6
SARASOTA: 1605 MAIN STREET. SUITE BOO. SARASOTA. FL 34236 {B13/365·5957 TELEFAX: (B13/954-6C36
.JACKSONVILLE: 1542 KINGSLEY AVENUE. SUITE 142E. ORANGE PARK. FL 32073 (904) 264-5039 TELEFAX: (904) 264·5039
4818.70 ~~(ClEHW!EIID
February 18, 1993
Mr. John Walker FEI3 22 1993
Project Coordinator PLANNING & ZONING
City of Delray Beach
100 NW 1st Avenue
Delray Beach, FL 33444
Re: Proposal for Post-Construction Environmental Monitoring of the Beach
Renourishment Project for Delray Beach, as Required by the Department of
Environmental Regulation Permit
Dear John:
This is a proposal to provide continuing post-construction environmental monitoring services for
the beach renourishment project. The environmental monitoring is required to satisfy
Department of Environmental Regulation (DER) permit requirements for environmental
monitoring related to beach restoration activities. The proposed monitoring program is based
on the environmental monitoring program mandated by the DER beach renourishment permit
of June 17, 1991.
In accordance with the offer in our January 28, 1993 letter we will conduct the ftrst three
monitoring station dives under the construction monitoring authorization. This proposal includes
only the last three monitoring dives plus other items required by the permit.
BEACH NOURISHMENT PROJECT 1 YEAR POST -CONSTRUCTION
ENVIRONMENTAL MONITORING
FISCAL YEAR 1993/1994
Reef Monitoring Procedures
Biologists will examine each previously established environmental monitoring station to
document the invertebrate assemblage composition and condition of the organisms. Monitoring
will include documentary photography, sediment rate measurement and water quality sampling,
as well as inspection of the organisms within the station. Photographs of individual macro-
invertebrates, as well as photomosaics of each station, will be obtained during each monitoring
cycle, providing documentation of the 'presence and relative well-being of organisms within the
station. Two sediment collector samples will be obtained from each station during each
monitoring cycle. Three water samples will be obtained at each station, one at one meter above
the bottom, one at mid-depth and one at the surface. The water samples will be analyzed for
water quality/turbidity.
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4818.70
February 18, 1993
Page 2
Reef Monitoring Schedule
Post-construction environmental monitoring of the reef stations will be conducted from the end
of construction to 1 year after construction. We will monitor on approximately a bi-monthly
schedule for a total of six (6) monitoring cycles. Previous environmental monitoring experience
in Delray Beach indicates that additional time can elapse between monitoring cycles due to
adverse sea state, particularly during fall, winter and spring months. This occurred during the
construction phase, when three (3) monitoring cycles could not be conducted due to very adverse
sea conditions.
This proposal assumes the reef monitoring will be conducted on three (3) occasions with three
(3) additional monitoring cycles conducted under the previously authorized construction phase
services agreement for environmental services. The fee to provide the 1 year post-construction
phase reef station monitoring is $23,952.
Infauna Samples - Borrow Area
Sediment samples will be obtained from the borrow area one year after construction to identify
the infaunal community associated with the sandy area. Based upon the DER permit
requirements, 5 borrow area infauna stations delineated by DER shall be sampled with 3
replicates taken at each station for a total of 15 samples. Samples will be obtained using a
diver-operated sampler and preserved in a 5 % buffered formalin solution. After collection, and
after sieving through a 0.5 rom sieve, the samples shall be transferred to an alcohol preserving
medium. Analysis will include numbers of individuals from each taxon, identification to species
level wherever possible, and total number of individuals per sample. The fee to coHect and
analyze the 15 borrow area infauna samples is $5,788.
Infauna Samples - Fill Area
Infaunal samples will also be obtained from the project area at DNR Monuments R-181, R-183,
R-185 and R-187 as well as from two control areas approximately 1 mile north and 1 mile south
of the fill area. Samples will be obtained in the same locations and manner as the pre-
construction samples to provide the post-construction infaunal conditions. Based on the DER
permit requirements, 8 fill and control area infauna stations shall be sampled with 3 replicates
taken at each station for a total of 24 samples. Samples will be obtained, preserved and
analyzed in the same manner as the borrow area samples. The fee to collect and analyze the 24
fill and control area infauna samples is $7,138.
Grain Size Analysis
One sediment sample from each of the infaunal sampling stations (borrow and fill areas) shall
be obtained at the same time as the infauna sediment samples are collected. Each sample will
COASTAL PLANNING & ENGINEERING. INC. . BOCA RATON· SARASOTA' JACKSONVILLE
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4818.70
February 18, 1993
Page 3
be mechanically sieved and grain size distribution analysis shall be performed. The fee to
analyze the 13 samples obtained as a requirement of the DER permit is $650.
Sediment Organic Content Analysis
One sediment sample from each of the infaunal sampling stations (borrow and fIll areas) shall
be obtained at the same time as the infaunal sediment samples are collected. Each sample will
be sediment organic analyzed for organic content. The fee to analyze the 13 samples obtained
as a requirement of the DER permit is $520.
1 Year Post-Construction Environmental Report
The data gathered during the pre-construction environmental reef station monitoring will be
evaluated and assembled into the pre-construction report. Analysis of the infauna samples,
sediment grain-size and organic content, water samples, sedimentation rates, invertebrate
inventory and photo docwnentation shall all be presented in this report. Five (5) copies of the
report will be prepared and submitted to the City and appropriate environmental agencies within
15 months of project completion. The fee to prepare and submit the 1 year post-construction
environmental report is $12,578.
The total fee for post-construction environmental monitoring services is $50,626. I have
summarized the costs presented in this proposal in the following table.
Please approve this proposal. If you should have any questions, please call me.
Sincerely,
COASTAL PLANNING & ENGINEERING, INC.
¡;,.., r-~
Richard H. Spadoni
Vice President
db03:48 1870.049
cc: Kim Beachler
Craig Kruempel
Sandy Cummings
Marti Dailey
Tom Campbell
COASTAL PLANNING & ENGINEERING. INC. . BOCA RATON· SARASOTA· JACKSONVILLE
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BEACH NOURISHMENT PROJECT
POST -CONSTRUCTION ENVIRONMENTAL MONITORING
PROPOSALS~ARY
.
1 YEAR POST -CONSTRUCTION
Reef Monitoring $23,952
Infauna Sampling - Borrow Area 5,788
Infauna Sampling - Fill Area 7,138
Grain Size Analysis 650
Organic Content Analysis 520
Report Preparation 12,578
Total $50,626
COASTAL PLANNING & ENGINEERING. INC. . BOCA RATON· SARASOTA· .JACKSONVILLE
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t:~f'l OF DELRAY BEACH
10C'. :1 . ~~ ':"\/:"\:-,~ . -',:, - --. ~::-_- :_~.; :..:.. :.........1..: . ..1:)" :':3-:-:-::
September 15, 1993
Mr. Richard E. Walesky, Director
Palm Beach County
Department of Environmental Resources Management
3111 South Dixie Highway, Suite 146
West Palm Beach, Florida 33405
RE: BEACH FUNDING AGREEMENT
Dear Mr. Walesky: -
This is to clarify an item that affects both the current and
proposed funding agreements between the City and County. In the
agreement, we state our intention to offer des ign and monitoring
service contracts to the County before contracting with private
consultants. If the County can perform the work to attain cost
savings and maintain the project schedule, the City will have the
work done by the County.
In our meeting of August 25, 1993, we discussed the environmental
follow up monitoring for the 1992 Beach Nourishment Project as it
relates to the agreement. We agreed that, in order to maintain
continuity in sampling techniques and avoid the cost of
reestablishing sampling stations, it would be more efficient for the
City to continue using the consultant for environmental follow up
monitoring to this nourishment project. In previous discussions last year, we noted that the County does not
currently have in-house capability to perform beach performance
surveys, which are required annually for the project.
The City is required to perform environmental follow up monitoring
for at least one year following construction (DER permit); and to
perform annual beach performance surveys (DNR permit). Based on our
discussions, we intend to authorize our consultant, Coastal Planning
and Engineering, to complete the one year environmental monitoring
and perform the one year beach performance survey under his on-going
contract. It is our understanding that these authorizations meet
the intent of the agreement between the City and County and qualify
tor reimbursement by the County.
T~:: E::::'"'::q Ä"'I,o/Ç; M ,---:-::-:
_ .. v. . _ . ...-' . '_ _ _' _ .)
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To: Mr. Richard E. Walesky
Re: Beach Funding Agreement
Page 2
We will send you copies of the authorizations and purchase orders as
soon as they are available. Should you have any questions, please
call me.
Sincerely,
cE.w~~-
Project Coordinator
c: David Kovacs
JW\Advanced\BEACH2
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¡
j
MEMORANDUM ¡
j
TO: MAYOR AND CITY COMMISSIONERS
CITY MANAGER tf11
FROM:
SUBJECT: AGENDA ITEM ~ FJ - MEETING OF OCTOBER 12. 1993
AUTHORIZATION TO PROCEED/BEACH RENOURISHMENT ENVIRONMENTAL
MONITORING PROJECT - ONE-YEAR PERFORMANCE
DATE: October 7, 1993
This item is before you to authorize staff to proceed with the
One-Year Performance Monitoring Study phase of the Beach
Renourishment project. This monitoring is required by the Florida
Department of Environmental Protection permit to assess the
performance of the project. Work under this task includes: beach,
dune and offshore profiles¡ analysis of volume and shoreline changes¡
analysis of sand grain size¡ and dune accretion evaluation.
This study will be performed under the contract with Coastal Planning
and Engineering, Inc. in an amount not to exceed $29,700¡ which will
be reimbursed from Federal, State and County appropriations. A
detailed staff report is attached as backup material for this item. i
,
Recommend approval of request to proceed with One-Year Performance
Monitoring under the contract with Coastal Planning and Engineering,
Inc. in an amount not to exceed $29,700 with funding from Beach !
Restoration Fund - Beach Renourishment (Account No.
332-4164-572-63.40). I
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f¡V\
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: David T. Harden, City Manager
THROUG~~S~~Of Planning and Zoning
FROM: John Walker, Project coordinato~~~
SUBJECT: MEETING OF OCTOBER 12, 1993
AUTHORIZATION TO PROCEED, BEACH NOURISHMENT, ONE-YEAR
PERFORMANCE MONITORING STUDY
ACTION REQUESTED OF THE COMMISSION:
The action requested of the Commission is that of approval
of an authorization to proceed with the one-year
performance monitoring survey of the Beach Nourishment
Project.
BACKGROUND:
Annual monitoring surveys of the Beach Nourishment Pro j ect are
required by our permits from the Florida Department of
Environmental Protection to assess the performance of the
Project. The information gathered is also used to set
parameters of design and timing for future maintenance
nourishments. Work in this task includes beach, dune and
offshore profiles; analysis of volume and shoreline changes;
analysis of sand grain size; and dune accretion evaluation.
Pursuant to our agreement with Palm Beach County, the City
agreed to offer any coastal engineering or environmental
services to the County prior to authorizing such services to be
provided by a consultant. In a meeting of August 25, 1993,
confirmed by letter September 15, we coordinated with the
Department of Environmental Resources Management and confirmed
that the County does not have the capability to perform the
subject performance monitoring.
This item is covered in our contract with Coastal Planning &
Engineering, Inc. Funds are available in the Beach Restoration
Fund. The entire cost will be reimbursed from Federal, State
and County appropriations.
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City Commission Documentation
Authorization to proceed, Beach Nourishment, One-Year
Performance Monitoring Study
Page 2
RECOMMENDED ACTION:
By motion, authorize and direct the City Manager to authorize
Coastal Planning & Engineering, Inc. to proceed with the
One-Year Beach Performance Monitoring Study at a cost not to
exceed $29,700. as requested in their attached correspondence.
Attachment:
*Letter from CPE
*Letter to Palm Beach County DERM
T:\Advanced\surveyl
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COASTAL & OCEAN ENGINEE¡:¡·....G
COASTAL PLANNING & ENGINEERING. COASTAL SURVEYS
INC. BIOLOGICAL STUDIES
GEOTECHNICAL SERVICES
BOCA RATON: 2481 N.W 80CA RATON 80ULEVARO, BOCA RATON, FL 33431 (407) 391-8102 TELEFAX: (407) 391-9116
SARASOTA 1605 MAIN STREET, SUITE 800, SARASOTA, FL 34236 (813) 365-5957 TELEFAX (813) 954-6036
JACKSONVILLE: 1542 KINGSLEY AVENUE, SUITE 142E, ORANGE PARK, FL 32073 (904) 264-5039 TELEFAX: (904) 264-5039
4818.89
September 23, 1993
John Walker
Project Coordinator
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, FL 33444
Re: Proposal for One-Year Monitoring Study
Dear John:
The anniversary of the construction of the 1992 renourishment project is coming up in
December. The Department of Natural Resources permit requires that topographic and
hydrographic surveys of the beach fill be taken annually to monitor the performance of the
renourishment project. The infonnation will also be useful in future design considerations of
the beach project.
The following proposed monitoring study will meet the DNR permit requirements:
1. Beach, Dune and Offshore Profiles
Profiles from R-175 through R-192 will be monitored to be in compliance with the permit
requirements. These profiles will be surveyed to the 30 foot depth contour. We will re-
establish lines R-191 and R-192 which have not been previously monitored. These lines were
added by the new penn it for the project. Profiles will be surveyed with a sled to improve
accuracy and repeatability with future monitoring surveys.
The dune in the vicinity of the public beach will also be surveyed. Dune profiles will include
intermediate lines along the public beach in the dune area.
2. Sand Grain Size Analysis
Surface sand samples will be collected at 4-foot contour intervals from + 12 feet to -20 feet
along four DNR profile lines. All samples will be subjected to sieve analysis. The mean grain
size will be compute~ and compared to post-construction data. The change in grain size will be
assessed . . W!¡CClt1'ì?'£ID)
S£P 27 ,ç':ì3
PLANN\NG & ZONING
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4818.89
Monitoring Proposal
September 23, 1993
Page 2
3. Volumetric and Shoreline Analysis
The data obtained from the profile surveys will be reduced, plotted and compared to the 1992
post-construction survey. Volume changes will be computed, mean high water shoreline
recession or accretion will be computed and plotted.
4. Dune Evaluation
The change in the volume of sand in the dune will be computed based on the profiles. The
quantity of accretion will be determined for the first year after construction of the 1992
renourishment. The change in the dune profile will also be evaluated.
5. Report
A report will be prepared summarizing the results of the study. We will provide copies of the
report to the City as well as the Department of Natural Resources to meet the permit
requirements. Additional copies will also be made available to the Corps of Engineers and the
Department of Environmental Regulation.
The total cost of this monitoring study is $29,700. A cost breakdown is attached. Please
approve this proposal at your earliest convenience. If there are any questions, please call me.
Very truly yours,
COASTAL PLANNING & ENGINEERING, INC.
~ /L-£-
Kim E. Beachler, P.E.
Vice President
cc: Beth Gilbert
Tom Campbell
Jeff Andrews
db03:monitor.265
COASTAL PLANNING & ENGINEERING. INC. . BOCA RATON· SARASOTA· JACKSONVILLE
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100 'J :/ '.~ ",'/::',,_,€ . - -- ~:. - - : _ ~:.: :..:.. ~ ..:':..tJ": . .J;' :,;: ~: '::
September 15, 1993
Mr. Richard E. walesky, Director
Palm Beach County
Department of Environmental Resources Management
3111 South Dixie Highway, Suite 146
West Palm Beach, Florida 33405
RE: BEACH FUNDING AGREEMENT
Dear Mr. Walesky: -
This is to clarify an item that affects both the current and
proposed funding agreements between the City and County. In the
agreement, we state our intention to offer design and monitoring
service contracts to the County before contracting with private
consultants. If the County can perform the work to attain cost
savings and maintain the project schedule, the City will have the
work done by the County.
In our meeting of August 25, 1993, we discussed the environmental
follow up monitoring for the 1992 Beach Nourishment Project as it
relates to the agreement. We agreed that, in order to maintain
continuity in sampling techniques and avoid the cost of
reestablishing sampling stations, it would be more efficient for the
City to continue using the consultant for environmental follow up
monitoring to this nourishment project.
In previous discussions last year, we noted that the County does not
currently have in-house capability to perform beach performance
surveys, which are required annually for the project.
The City is required to perform environmental follow up monitoring
for at least one year following construction (DER permit); and to
perform annual beach performance surveys (DNR permit). Based on our
discussions, we intend to authorize our consultant, Coastal Planning
and Engineering, to complete the one year environmental monitoring
and perform the one year beach performance survey under his on-going
contract. It is our understanding that these authorizations meet
the intent of the agreement between the City and County and qualify
for reimbursement by the County.
Tµ- E--'-"::/T A, "1'-- M .-----
= -~v.> '_~.-.~:. M '::'-.)
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To: Mr. Richard E. Walesky
Re: Beach Funding Agreement
Page 2
We will send you copies of the authorizations and purchase orders as
soon as they are available. Should you have any questions, please
call me.
Sincerely,
ri1w~~
Project Coordinator
c: David ICovacs
JW\Advanced\BEACH2
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MEMORANDUM !
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER [ff/ ¡
SUBJECT: AGENDA ITEM # JrA( - MEETING OF OCTOBER 12. 1993
REOUEST FOR FINAL PAYMENT/CH2M HILL
DATE: October 7, 1993
I
This item is before you to approve the request from CH2M Hill for
final payment in the amount of $271.13 for completion of engineering
services in conjunction with the Extension of Water and Sewer Services
to Former Enclave Areas 13, 24, and 31.
Staff has reviewed this project and found it to be satisfactorily
complete.
Recommend approval of the request for final payment in the amount of
$271.13 from CH2M Hill¡ with funding from 1991 Water and Sewer Revenue
Bond - Enclaves Phase I - Engineering and Architect (Account No.
447-5167-536-31.30.
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Agenda Item No.:
AGENDA REQUEST
Date: september 30, 1993
Request to be placed on:
__X__ Regular Agenda
_____ Special Agenda
_____ Workshop Agenda When: October 12, 1993
Description of item (who, what, where, how much):
Staff requests City commission to approve final payment in the amount of
$271.13 to CH2M Hill for the completion of engineering services during
construction of the Extension of Water and Sewer Services to the Former
Enclave Areas 13, 24, and 31 (Phase I)¡ Project #91-25. This work was
completed under Service Authorization #4 to CH2M Hill. The project has
been substantially completed since February 1993 with final payment to the
contractors approved on the June 8, 1993 Agenda.
Funding Source is 447-5167-536~ in the amount of $271.13.
~ .- 30
ORDINANCE/RESOLUTION REQUIRED: YES~RAFT ATTACHED YES~
Recommendation: Staff recommends approval of Final Payment.
Department Head ~
Signature:
City Attorney Review/Recommendation (if applicable)
Budget Director Review (r~red on all items involving expenditure of funds):
Funding available: E NO
Funding alternatives (if a~Cable)
Account No. & D~ion.4ðrl'S; (PÎ -ç~, ?;I~ 'q J D £NrLAV~-P1tL'CNbi4
Account Balance'V . '2 mHT .
City Manager Review: §/NO eM
Approved for agenda:
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
..
DEPARTMENT OF ENVIRONMENTAL SERVICES
M E M 0 RAN DUM
TO: David T. Harden
City Manager
THRU: William H. Greenwood
Dir. of Environmental Services
FROM: Richard C. Hasko, P.E. ~
Deputy Dir. of Public Ut11ities
DATE: September 30, 1993
SUBJECT: Final Payment to Ch2M Hill - Extension of Water
and Sewer Services to Former Enclave Areas.
Attached is an agenda request for final payment to Ch2M Hill
in the amount of $271.13 for work completed under Service
Authorization #4 of their contract on the the Extension of
Water and Sewer Services to the Former Enclave Areas (Phase
I) . The work has been completed with final payment to the
contractors approved on the June 8, 1993 agenda.
The funding source for this payment is 447-5167-536-~1
under Purchase Order #507300. 31,~O
VM:mm
cc: Howard Wight, Construction Manager
File: prj No. 91-25 (D)
AG9125-F.DOC
"
~' - 9/- :Z.$ :r:..
Engineers Southeast Florida Office
Planners 800 Fairway Drive, Suite 350
Economists Deerfleld Beach, FL 33447-7837
Scientists 305 426-4008
FAX 305698-6070
CITY OF DELRA Y BEACH Date: 08/05/93
434 S. SWINTON A VENUE Project No.: SEF30787.D1
DELRA Y BEACH, flORIDA 33444 Client Ref. No.: 3174
Invoice No.: 08-421
ATTN: MR. WILLIAM H. GREENWOOD, P.E.
DIRECTOR OF ENVIRONMENTAL SERVICES
J INVOICE I
CITY OF DELRA Y BEACH
PROJECT NO. FY90-53
PURCHASE ORDER NO. 19912
SERVICE AUTHORIZATION NO.4
ENGINEERING SERVICES FOR CONSTRUCTION FOR THE EXTENSION OF WATER
AND SEWER SERVICE TO FORMER ENCLAVE AREAS 13, 24, AND 31.
Period Ending 7/24/93
LABOR
CLASS EMPLOYEE NAME RATE HOURS AMOUNT
EN04 B A SHIELDS $84.30 2.0 $168.60
AA57 S L FINNELL $34.50 1.0 $34.50
WP56 S E TAYLOR $34.50 0.3 $10.35
WP59 L S BOWERS $34.50 0.2 $6.90
--------- -.-----.-- -----1
Subtotal Labor CiTY OF DELt-1.A'-( ßEf..\CH $220.35
ENV:RONMt:NTAL SEmflCES Di.:F'ARTMENT
EXPENSES rkovED PAYMENT REV¡;;:W
FLEET VEHICLE OP \ ¡ I,!\l PAyr.1;;NT $19.60
COMPUTER o NOT APP::¡OVED - FiN/\L P,WMENT $21.89
DOCUMENT PROCESSING $6.79
COMMUNICATIONS CHARGE P.Oß: .1_13LP-... $2.50
BUDGET AGCT.if___4¿:¡,- 5.!.Ç.!.. -~¿_(; -$3.11 ,
Subtotal Expenses Ey: ----..-------------- $50.78
--- r:W;¡NATUfIE)
.---
TOTAL AMOUNT DUE THIS IN OICE (pr·i!i'· "I) $271.13
DA TF::. ~m
,--....--.,....---.-.--.-..---- _._._~_..._._-----
O~
jl'--" DUE AND PAYABLE ON RECEIPT OF INVOICE. FINANCE CHARGES WILL BE ASSESSED AT ''h PERCENT PER MONTH (OR MAXIMUM PERMISSIBLE UNDER STATE LAW)
ON ALL ACCOUNTS OVERDUE UNLESS STATED OTHERWISE IN OUR CONTRACT, CH2M HILL IS INCORPORATED.
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City of Delray Beach
Page 2
08/05/93
SEF30787.D1
08-421
BILLING SUMMARY
Work Authorization Budget $53,503.00
Amendment No.2 $31,176.00
$84,679.00
Previous Invoices 84407.87/"
This Invoice ~$271.13
Total Amount Invoiced $84,679.00
Remaining Budget $0.00
,
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
CITY MANAGER fJlv1 l'
ì
FROM:
i
tL- i
\
SUBJECT: AGENDA ITEM i - MEETING OF OCTOBER 12. 1993 i
DEDUCT CHANGE ORDER NO. 1 AND REOUEST FOR FINAL PAYMENT!
WRONA ENTERPRISE
DATE: October 7, 1993
This item is before you to approve a deduct change order in the amount
of $2,251 to the contract with Wrona Enterprise and a request for
final payment in the amount of $21,747 for completion of the Hurricane
Shutter project for the Public Works Complex.
The net deduct was due to the removal of 21 motor controllers from the I
contract and the addition of three shutters. I
I
As to the request for final payment, staff has reviewed the work and
found it to be satisfactorily complete.
Recommend approval of Deduct Change Order No. 1 in the amount of
$2,251 and the request for final payment in the amount of $21,747 for
Wrona Enterprise¡ with funding from Water And Sewer Fund Capital -
Buildings (Account No. 441-5161-536-60.31) and Public Works
Administration - Buildings (Account No. 001-3111-534-62.10).
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Agenda Item No.:
AGENDA REOUEST
Date: October 4. 1993
Request to be placed on:
--X-- Regular Agenda
_____ Special Agenda
_____ Workshop Agenda When: October 12. 1993
Description of item (who, what, where, how much) : Staff requests Commission
approval for Chanae Order #1 for installation of Hurricane Shutters at the
Public Works Complex. This Chanae Order consists of a net decrease of
S 2.251.00 to the total contract amount of S 23.998.00. This decrease is due to
revisions to the scope of work specificallv 3 shutters were added and 21 motor
controllers were deleted. This Chanae Order represents a 9.4% decrease in the
contract amount and with a final pavrnent of S 21. 747 . 00 this proiect will be
completed.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Recommend approval
Department Head Signature: ~L
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: Y /NO
Funding alternative (it aPÅliCable)
Account No. & Descr~tion~l -'71 ~( -s?£ .~O-3í ~rJ s C PITf\L-6LDS(,
Account Balance \ I l.) lv ,1--"2-
ex) \ - ").,'"-534-·l-1--~(O pW Aì)fJlltJr-FLD6~ 374'.7E
City Manager Review:
Approved for agenda: @NO !111
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 MANAGER
THRU: RALPH E. HAYDEN, P.E.~ HOWARD .XG~
CITY ENGINEER CONSTRUCTI AGER
FROM: JOSE AGUILA ttr
ASSISTANT CO TRUCTION MANAGER
DATE: OCTOBER 4, 1993
SUBJECT: HURRICANE SHUTTERS AT PUBLIC WORKS DEPARTMENT
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Staff requests the City Commission approve the final payment to
Wrono Enterprise D/B/A Wrol-up Shades and shutters for the
installation of Hurricane Shutters at the Public Works complex.
This work has been completed and this Change Order will close the
project out.
As a point of clarification, the original contract award was for
$ 23,998.00. However, the scope of work was revised to include
three (3) more shutters and reduced 21 motors. The total net
credit for these changes i. $ 2,251.00.
JA:kt
Attachment
File: 91-21 (D)
Memos to city Manager
JADH9221.KT
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CITY OF DELRAY BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
CHANGE NO. 1 PROJECT NO. 92-21 DATE:
PROJECT TITLE: Installation of hurricane shutters at the public works complex
TO CONTRACTOR: Wrono Enterprise Corporation dba Wrol-up Shades and Shutters
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:
MIscellaneous changes to contract, including reduction of scope of work.
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT $ 23,998.00
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 0.00
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $ 23,998.00
COST OF CONSTRUCTION CHANGES THIS ORDER $ 2,251.00
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGF ORDER $ 21,747.00
PER CENT DECREASE THIS CHANGE ORDER 9.4 "
- -
TOTAL PER CENT DECREASE TO DATE 9.4 "
-
EXTENSION OF CONTRACT TIME ALLOWED BY THIS CONTRACT 0 CALENDAR DAYS TO JULY 30,
- 1993 FOR INTERMEDIATE MILESTONE DATE FOR PLACING TANK BACK IN SERVICE
CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my
considered opinion, accurate
Bill Garner
for Wrono Enterprise Corporation
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
Environmental Services Department
FUNDS BUDGETED CODE: 441-5161-536-60.31
001-3111-534-~
(PL..ID
DELRAY BEACH, FLORIDA by its city Commission
RECOMMEND: By:
William H Greenwood, Director Thomas E. Lynch, Mayor
of Environmental Services
ATTEST:
APPROVED: By:
City Attorney City Clerk
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
I
SUBJECT: AGENDA ITEM .it fl1 - MEETING OF OCTOBER 12. 1993
AWARD OF BIDS AND CONTRACTS ¡
!
¡
DATE: October 7, 1993 1
I
This item is before you to approve the award of the following bids and j
contracts: I
1. Two (2 ) Greens Mowers and One ( 1 ) Sand Rake - Municipal Golf i
Course - (via GSA contract) in the amount of $35,720.41 with ¡
j
funding from Golf Course - Other Equipment (Account No. r
445-4761-572-64.90). j
2 . Tractor/Loader - Municipal Golf Course - Ford New Holland
(via State contract) in the amount of $15,597 with funding from ¡
Golf Course - Other Equipment (Account No. 445-4761-572-64.90).
3. Bulk Quick Lime - Environmental Service - Dravo Lime Company
(via Palm Beach County Bid) in the estimated annual amount of ,
$273,094.99 with funding from Water Treatment Plant - Chemicals ,
(Account No. 441-5122-536-52.21). I
I
4. Sanitary Sewer Waste Pump Out Station - City Marina - Ray
Qualmann Marine Construction in the amount of $11,300 with
funding from City Marina Fund - Other Improvements (Account No.
426-4311-575-63.90).
5. progen and DBGen Database Software and Software Maintenance
Contract - Management Information Systems - Business Computer
Design in the amount of $13,440 with funding from MIS Operating
Capital - Software (Account No. 001-1811-513-66.10 and MIS
Operating Capital - Equipment Maintenance (Account No.
001-1811-513-46.20.
Recommend approval of the award of the above bids and contracts with
funding as indicated.
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Agenda Item No. :
AGENDA REQUEST
Date: October 5. 1993
Request to be placed on:
XX Regular Agenda Special Agenda Workshop Agenda
When: Octoh~r 17, 1qq3
Description of agenda item (who, what, where, how much): Purchase Award -
two (2) greens mowers and one (1) sand rake for the municipal golf course.
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Award to Hector Turf, via GSA Contract #GS-07F-5636A, at a
total delivered cost of $35,720.41.
4 1tvr/
Department Head Signat~e: 'B~.AØ.d~ 4.-LL<S<_¿ /011./93
.
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: ~/ NO
Funding alternatives: (if apPlicab¡:) ,
Account No. & Description: ~~41(A-51¡. 04-QO êCU::COu~1?·/orl1t;, fQIJrP
Account Balance: S\ ,4aJ
City Manager Rßview:
Approved for agenda: @/ NO Z~
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapp~oved
'.
MEMORANDUM
TO: David T. Harden, City Manager
THROUGH: Robert A. Barcinski, Assistant City Manager~
FROM: Ted Glas, Purchasing Officer &~
DATE: October 5, 1993
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
OCTOBER 12, 1993 - PURCHASE AWARD -
MOWERS & SAND RAKE FOR GOLF COURSE
Item Before City Commission:
The City Commission is requested to approve the purchase of two greens
mowers and one sand rake from Hector Turf, at a total delivered cost
of $35,720.4l.
Background:
Funds are allocated in the FY 93-94 golf course budget for replacement
mowing and maintenance equipment.
Mowers and sand rakes are available via GSA Contract flGS-07F-5636A
from the area Toro dealer, Hector Turf:
Quantity Unit Cost Total
Toro Greensmaster 3100 2 $13,368.98 $26,737.96
Toro Sand Pro 5000 1 8,982.45 * 8,982.45
*(Plow @ $975. not on contract, but 18.75% off list price) $35,720.41
The Golf Course Management has reviewed the contract and recommends
award to Hector Turf, per attached memo.
Recommendation:
The Purchasing Officer concurs with the recommendation to award to
Hector Turf, via GSA Contract, at a total delivered cost of
$35,720.4l.
Attachments:
Documentation on GSA Contract
Letter from Hector Turf
Memo from Golf Course
c: Brahm Dubin
'.
1301 N.W. THIRD STREET I DEERFIELD BEACH. FL 33442
TEL: (306) 42H2OO. FAX: (305) 380-7657
Sep~rnberlS, 1993
Jan Slazyk, Buyer
City of Delray Beach
Delray Beach, Florida
Via FAX: 407-243-7166
Dear Ms. Slazyk;
Weare pleased to quote and honor you the prices on Federal GSA Contract
Number GS-07F-5636A as follows:
Model 04353 Toro Traction Unit $13,368.98
w/04450 Cutter Unit &
04424 Wichle Roller
Model 08881 Toro Sand Pro $ 8,007.45
w/08812 Rake &
08814 Mount Kit
Model 08821 ** Plow for Sand Pro $ 975.00
** Please note this is not on GSA.
Thank you for allowing us to quote you on the above. Prices are finn for forty-
five (45) days and prices do include Set-up and Delivery.
Sincerely,
RiB/gn
'.
-.. -.. 1- ._ __ 1 _ \ 1 \ 1'- _ ['--j .l1'_' _.~-t _, J. __'1_' I ,'_:..1..
1301 N.W. THIRD STREET I DæRFIELD BEACH. F\. 33442 -
TB..: (305) ~ . FAX: (305) 380-7857
September 30, 1993
Mr. Ted Glas
City of Delray Beach
Delray Beach, FL
Via FAX: 407-243-7166
Dear Mr. Glas:
We are pleased to quote you on the following:
1 ea Model 08821 Plow for Sand Pro $975.00
-~
--.,"
Please note our regular price to golf courses is $1,200.00.
Thank you for allowing us to quote you on this.
The prices, tenns and conditions of sale are based upon your acceptance within
thirty (30) days from date of this letter and are subject to manufacturer's
availability.
Sincerely,
RJB/gn
..
"
~ ... .)
Managed by Dubin & Associate. Inc.
DONALD ROSS· 1923
TO: BRAHM DUBIN JÞ
FROM: TOM ARENDT
DATE: 9/17/93
RE¡ EQUIPMENT PURCHASE 1993
WE MUST RETIRE THE TRIPLEX MOWERS WITH WHICH WE CUT OUR TEES.
THEY ARE 10 YEARS OLD AND ARE WELL PAST USEFUL LIFE. WE WOULD
REPLACE THEM WITH OUR PRESENT GREENS TRIPLEX MOWERS WHICH HAVE
OVER 2500 OPERATING HOURS AND SHOULD BE RETIRED FROM GREENS
CUTTING. THESE PIECES OF EQUIPMENT WOULD IN TURN BE REPLACED BY
NEW STATE OF THE ART MOWERS WHICH ARE AVAILABLE ON GSA PRICING.
(SEE ATTACHED)
OUR BUNKER RAKING MACHINE HAS 5000 HOURS OF USE AND NEEDS TO BE
REPLACED. IT WILL BE USED AS A BACK UP MACHINE FOR URGENT
SITUATIONS. WE HÀVE OVER 80 BUNKERS TO MAINTAIN AND NEED A VERY
DEPENDABLE MACHINE IN THIS OPERATION. THE TORO SAND PRO IS, IN
MY "OPINION, THE BEST AVAILABLE. IT IS AVAILABLE ON GSA AND IS
THE MACHINE 'WE SHOULD PURCHASE.
OUR PRESENT FRONT END LOADER WAS BUILT IN RUMANIA 12 YEARS AGO.
MAINTENANCE PRACTICES WERE POOR AND THE MACHINE IS SHOWING THE
RESULTS. REPAIRS START AT AN ESTIMATED 6500.00 AND WE WOULD
STILL HAVE A MACHINE THAT IS IN POOR SHAPE. I SUGGEST WE
PURCHASE A FORD DIESEL TRACTOR WITH FRONT LOADER OPTION. THIS IS
AVAILABLE ON STATE CONTRACT AS PER ATTACHED.
CC. PURCHASING DEPT. /frl': J~ 1,-.1 pv~C'/.AS'\('J <.:
/'
2200 Highland Avenue · Delray Beach, Florida 33445- (401) 278-0315
'.
Agenda Item No. :
AGENDA REQUEST
Date: October 5. 1993
Request to be placed on:
XX Regular Agenda Special Agenda Workshop Agenda
When: October 12. 1993
Description of agenda item (who, what, where, how much): Purchase Award -
Tractor/Loader for municipal golf course
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Award to Ford New Holland via Florida State Contract
#765-900-500. at a total delivered cost of $15.597.
,~
Department Head Signature: -;(~/90~ /O/l&ft..5
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, ~/ NO
Funding al ternati ves' _ (~f a~liCable)
Account No. & Description: ~>._.tf- ì/;/( -5- }J, t..4-.--~ t:;OL¡r VUe.5f:·-urHE:Q. Cqlt P
Account Balance: ~i 14m
City Manager Review: zrt1
~
Approved for agenda: @I NO
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapp~oved
..
,.
MEMORANDUM
TO: David T. Harden, City Manager
THROUGH: Robert Barcinski, Assistant City Manager~
FROM: Ted Glas, Purchasing Officer ik
DATE: October 5, 1993
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
OCTOBER 12, 1993 - PURCHASE AWARD
TRACTOR/LOADER FOR GOLF COURSE
Item Before City Commission:
The City Commission is requested to approve the purchase of one
tractor/loader from Ford New Holland, at a total delivered cost of
$15,597.
Background:
Funds are allocated in the FY 93-94 golf course budget for a
replacement tractor/loader.
Tractors with front-end loaders are available via Florida State
Contract 11765-900-500 from Ford New Holland, per attached
documentation:
Ford 4630 Tractor w/loader $ 15,597.
The Golf Course Management has reviewed the contract and recommends
award to Ford New Holland, per attached memo.
Recommendation:
The Purchasing Officer concurs with the recommendation to award to
Ford New Holland, via Florida State Contract, at a total delivered
cost of $15,597.
Attachments:
Documentation on State Contract
Memos from Golf Course
c: Brahm Dubin
·
Managed by Dubin & Associates Inc.
DONALD ROSS· 1923
MEMO
To: Brahm Dubin ý-'
From: Tom Arendt
Date: September 17, 1993
RE: Capital Equipment Purchase for Fiscal Year 1994
As we decided, we will purchase two greens mowers, one sand trap
rake and one tractor with front end loader.
I suggest Toro Model 3100 for greens and the Toro Sand Pro 5000 for
bunkers.
Both items are on G.S.A. contracts as per attached sheet.
I suggest the Ford Tractor Model 4630 for the front end loader.
This is a Florida State contract and we would purchase the
fol,lowing:
Ford Model 4630 tractor $11157.00
Synchronized Trans 12001 467.00
Canopy steel or fiberglass #5001 419.00
One-spool remote control valve #6001 220.00
Hydraulic front loader 16009 3100.00
21" Low profile rear tires #T955 163.00
9" Low profile front tires ITOl 7 1 .00
TRACTOR TOTAL $15597.00
/
2200 Highland Avenue · Defray Beach, Florida 33445 · (407) 243-7385
.,
·,
. ~ -,
Managed by Dubin & Associates Inc.
DONALD ROSS· 1923
TO: BRAHM DUBIN v-.
FROM: TOM ARENDT
DATE: 9/17/93
RE; EQUIPMENT PURCHASE 1993
WE MUST RETIRE THE TRIPLEX MOWERS WITH WHICH WE CUT OUR TEES.
THEY ARE 10 YEARS OLD AND ARE WELL PAST USEFUL LIFE. WE WOULD
REPLACE THEM WITH OUR PRESENT GREENS TRIPLEX MOWERS WHICH HAVE
OVER 2500 OPERATING HOURS AND SHOULD BE RETIRED FROM GREENS
CUTTING. THESE PIECES OF EQUIPMENT WOULD IN TURN BE REPLACED BY
NEW STATE OF THE ART MOWERS WHICH ARE AVAILABLE ON GSA PRICING.
(SEE ATTACHED)
OUR BUNKER RAKING MACHINE HAS 5000 HOURS OF USE AND NEEDS TO BE
REPLACED. IT WILL BE USED AS A BACK UP MACHINE FOR URGENT
SITUATIONS. WE HAVE OVER 80 BUNKERS TO MAINTAIN AND NEED A VERY
, DEPENDABLE MACHINE IN THIS OPERATION. THE TORO SAND PRO IS, IN
MY" OPINION, THE BEST AVAILABLE. IT IS AVAILABLE ON GSA AND IS
THE MACHINE WE SHOULD PURCHASE.
OUR PRESENT FRONT END LOADER WAS BUILT IN RUMANIA 12 YEARS AGO.
MAINTENANCE PRACTICES WERE POOR AND THE MACHINE IS SHOWING THE
RESULTS. REPAIRS START AT AN ESTIMATED 6500.00 AND WE WOULD
STILL HAVE A MACHINE THAT IS IN POOR SHAPE. I SUGGEST WE
PURCHASE A FORD DIESEL TRACTOR WITH FRONT LOADER OPTION. THIS IS
AVAILABLE ON STATE CONTRACT AS PER ATTACHED.
CC. PURCHASING DEPT. krf: J~ I ¡-.I PV«t.C'1JI\$W ~
/
2200 Highland Avenue- Delray Beach, Florlda33445- (407) 278'()315
.,
Agenda Item No. :
AGENDA REQUEST
Date: Sept. 27, 1993
Request to be placed on:
X Regular Agenda Special Agenda Workshop Agenda
When: October 12. 1993
Description of agenda item (who, what, where, how much):
Bulk Quicklime - Annual Contract via Palm Beach County Bid #92-096/MH at
estimated annual cost of $271.0Q4.Qq to Dravo Lime Comp;my
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Award to Dravo Lime Company at an estimated annual cost
of $273.094.99
./ ~/
Department Head~gn~Ure'
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: ~/ NO
Funding al ternati ve . _ ~. d) (if applicable)
Account No. & Description: . f141-_I'71 Ír2-'?-?k)'·0 L/2>( W1P' - CI1t~1"11¿Au~;
Account Balance: ~bS.4'12> .4Ll
,
City Manager Review:
Approved for agenda: @/ NO ffr1
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapp~oved
.,
"
M E M 0 RAN DUM
TO: David T. Harden, City Manager
THROUGH: Robert A. Barcinski. Assistant City Manager
THROUGH: Ted Glas, Purchasing Officer ~~
FROM: Jacklyn Rooney. Buyer cf-.
DATE: September 27, 1993
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
OCTOBER 12, 1993
BULK QUICKLIME - TERM CONTRACT
Item Before City Commission:
The City Commission is requested to approve the one (1) year renewal of
the contract to Dravo Lime Company, at an estimated annual cost of
$273,094.99. Per the Budget Office, funding is from:
( ) .
Backç¡round:
The Water Treatment Plant has a need of an annual contract for Lime
(calcium carbonate) to adjust the pH and stabilize the water before
leaving the Water Treatment Plant.
Bulk Quicklime is available via Palm Beach County Contract #92-096/MH, and
was renewed by the Palm Beach County Commission for an additional year on
Augsut 17, 1993. per attached documentation.
The Vendor has agreed to extend for an additional year to the City of
Delray Beach, per attached letter dated September 24, 1993.
Recommendation:
Staff recommends renewal for an additional year, at an estiamted annual
cost of $273,094.99, via Palm Beach County Contract #92-096/MH. Funding
as outline above.
Attachments:
Fax from Palm Beach County
Letter From Dravo Lime
Memo From Deputy Director of Public Utilities
cc William Greenwood
Richard Hasko
Don Haley
'.
.
MEMORANDUM
TO: Jackie Rooney
Bid Specialist
THRU: Richard Hasko:W
Dep. Dir. of Public Utilities
FROM: Don Haley
Supt./Water Treatment Plant
SUBJECT: ANNUAL LIME USAGE
DATE: September 23, 1993
Based on an average of 14 (M.G.D.) Million Gallons per Day,
our estimated lime usage will be 3,409 tons for the year of
contract, the 1993/94 Budget, October 1, 1993 thru September
30, 1994.
The Formula for this calculation is:
lbs/day = MGD (lbs) X PPM
X = 14 X 8.34 X 160
X = 18,681 or 9.3 tons/day
If you have any further questions, feel free to call me at
243-7318~
C;¿ey .--tì-
Superintendent
DH/gm
Att: 1
cc: William H. Greenwood, Dir. of Environmental Services
Department
File: Dravo Lime
File: Memos to Purchasing
File: a:limeuse.doc dons2
·
i ....
&;;
September 24, 1993
Ms. Jackie Rooney, Buyer
City of Delray Beach
100 NW F1rst Avenue
Delray Beach, FL 33444
RE: EXTENSION OF CONTRACT P.O. # 513796
PIGGY BACK PALM BEACH COUNTY'S BID #92~6/MH
Dear Ms. Rooney:
As per our phone conversation, Dravo Lime Company agrees to extend the
above mentioned contr~ct for an additional 12 month period. New contract
commencing on or about October 1, 1993 through September 30, 1994.
All at Dravo lime Company join me in expressing our sincere appreciation
for the business you have favored us, and we look forward to serving your lime
for an additional contract period,
Sincerely,
~1 ~;e¡-yØ-
Regional Sales Manager
LDE/cm
/'
LDNGVIEW DIVISION
P. O. ~ox 37
Saginaw, AL 35137
Phone: 205-664-2456
FAX: 205-664-7138
WATTS: 1-800-633-4889
A~rMiA'IIOO_
.,
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r:øMPIIIW
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'-. 4'''
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September 25, 1992
Mr. Don Haley
Superintendant Water Treatment Plant
City of Delray Beach
200 S.W. 6th Street
Delray Beach, FL 33444
Dear Mr. Haley:
As per our conversation on september 23, 1992, I have enclosed
a price quotation, specifications sheets, Emergency phone numbers,
a book on H20 Softening and several brochures on Lime softening.
I believe the book and brochures can be informative as you start-up
your new lime softening plant.
While looking at the price quotation you may notice that
Delray Beach's price is a little lower than Palm Beach Counties.
The reason for this is that Palm Beach asked for one truck freight
to all their locations; therefore, we had to average out the
freights to all locations. Delray's truck freight from our
facility in Fort Lauderdale is $6.77 per ton instead of the $7.31
per ton average Palm Beach county has.
The Palm Beach County bid has an extension clause on the end
of the twelve month contract period. This option will also be
available to Delray Beach.
If I, can be of any further assistance please feel free to
contact me. Again, good luck on the start-up of your new plant.
Sincerely,
0¡ma ./
Jack A. Thompson
Sales Representative
....-.-.).'
ì"
LONGVI E1iy DIVISION
\
,-
P. o. Box 37
Saginaw. AL 35137
Phone: 205-663-0786
FAX: 205-663-1030
" Suboid/M)' 01 0nI", eorpor._ "
J
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Agenda Item No.:
AGENDA REOUEST
Date: 10/5/93
Request to be placed on:
~ Regular Agenda
_____ special Agenda
_____ workshop Agenda When: Oc.J: ;z.. I<¡~~
Description of item (who, what, where, how much): Construction of a Marine
Sanitarv Waste Pump-Out Station at the Citv Marina. Three written QUotes were
obtained as follows:
Man Con. Inc. S14.000.00
Rav Oualmann Marine Construction S11.300.00
Ric Man International S14.100.00
The purpose of the pump station is to provide boaters a leaal and convenient
means of disposina of sanitarv sewaae. The unit will be coin operated and
available to the aeneral public. The fundina source for this proiect is Parks
and Recreation Account No. 426-4311-575-63.90. Proiect No. 92-36.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: To waive normal competitive biddina procedures and award the
contract to Rav Qualmann Marine Construction for Sll.300.00
Department Head Signature: ~~_
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable)
Budget Director Review (~red on all items involving expenditure of funds):
Funding available: YES NO
Funding alternative '
Account No. & De c~tion
Account Balance
City Manager Review:
Approved for agenda: @/NO tM
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
AGJR004.MRM
'.
,.
DEPARTMENT OF ENVIRONMENTAL SERVICES
MEMORANDUM
TO: DAVID T. HARDEN
CITY MANAGER
TBRU: WILLIAM H~ GREENWOOD, P.E. W11- ~
DIRECTOR OF ENVIRONMENTAL SERVICES DEPT.
FROM: RALPH E. HAYDEN, P.E.~
CITY ENGINEER
DATE: OCTOBER 6, 1993
SUBJECT: CITY KARINA SANITARY WASTE PUMP-OUT STATION
PROJECT No. 92-36
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Attached is the bid tabulation and a Commission Agenda Request
for a sanitary sewer pump-out station at the north end of the
city Marina. The purpose of the pump-out station is to provide a
convenient and legal means of sanitary sewage disposal for
boaters, which will hopefully reduce the occurrence of sewage
dumping in the Intracoastal Waterway. The pumping unit will be
coin operated and available to marina residents as well as the
general public.
We originally estimated this project to cost under $ 10,000.00,
so the Purchasing Office used our bid documents to obtain three
quotes from qualified Contractors, however, the low bid was
$ 11,300.00.
We recommend award to Ray Qualmann Marine Construction of Pompano
Beach, Fl. for $ 11,300.00. The funding account code for this
project is 426-4311-575-63.90
JCR: jr
File: 92-36 (D)
c:\92-36\justif.mem
cc: Memos to City Manager
"
"
I~/n-- ~J~,
~'~I
DEPARTMENT OF ENVIRONMENTAL SERVICES
MEMORANDUM
TO: DAVID T. HARDEN
CITY MANAGER
THRU: RALPH E. HAYDEN, P.E. ~
CITY ENGINEER
FROM: JAKES C. REYNOLDS, .E
CHIEF DESIGN ENGINEE
DATE: SEPTEMBER 23, 19 3
SUBJECT: CITY MARINA SANITARY WASTE PUMP-OUT STATION
PROJECT No. 92-36
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
At the request of Joe Weldon, we prepared plans and
specifications for a pump-out station at the north end of the
city Marina. The purpose of the pump-out station is to provide a
convenient and legal means of sanitary sewage disposal for
boaters, which will hopefully reduce the occurrence of sewage
dumping in the Intracoastal Waterway. The pumping unit will be
coin operated and available to marina residents as well as the
general public.
The Purchasing office used our bid documents to obtain three
quotes from qualified Contractors. I estimated the project bids
to come in under $ 10,000.00, however, the low bid was
$ 11,300.00.
The bid tabulation is as follows:
1- ManCon Inc.: $ 14,000.00
2. Ray Qualmann Marine Construction: $ 11,300.00
3. RieMan International: $ 14,100.00
Purchasing requested, but did not receive a quote from Delray
Marine Construction.
RieMan International is currently doing work in the city on the
Sanitary Sewer Rehabilitation Project. We recommend award to
Ray Qualmann Marine Construction for $ 11,300.00.
JCR: jr
File: 92-36 CD)
C:\92-36\justif.mem
cc: Joe Weldon, Dir. of Parks and Rec.
Jan Slazyk, Buyer
Memos to City Manager
..
KARINA PUMP OUT STATION
PROJECT NO. 92-36
QUOTE # 833
VENDORS: QUAlMANN RIC-MAN MAN-CON
MARINE INTERNATIONAL ~
1. Furnish and install 6" PVC SDR
35 Sewer lateral, include pavement
repair. S 4,000.00 S 5,000.00 S 4,600.00
2. Furnish and install ~ out unit
per specifications. 5,000.00 8,000.00 6,400.00
3. Furnish and install 1" conduit and
complete electrical service. 2.300.00 1.000.00 3.000.00
GRAND TOTAL S 11.300.00 S 14.000.00 S 14.100.00
JRMPOS. KT
"
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:/ Contractor shall also carry appropriate marine related
insurance. The city shall be named additional insured.
V Schedule of Bid Prices
Bidder has examined the site and locality where the work is
to be performed, the legal rðquirements (Federal, state and
local laws, ordinances, rules and regulations) and the
conditions affecting cost, progress or performance of the
work and has made such independent investigations as Bidder
deems necessary.
Bidder acknowledges· that all costs of the work for
materials, labor and equipment, are included in the Contract
Unit Prices.
Item Est. Unit Total Based
H2.a..... Description units Quant. Price Est. Quant.
1. Furnish & Install i
6" PVC SDR 35 Sewer !
lateral including
pavement repair.
Lump Sum Price: LS 1 $ 4, (J7r) . /ll2 $ L/¡ fkk) . A:)
hu e ---rHouSft,Jd
Dollars
.. -0-
, , Cents
2. Furnish & Install
Pump-out unit with
coin operated timer,
two (2) 30· foot
suction hoses, con-
crete foundation,
and related
appurtenances.
Lump Sum Price: LS 1 $ 4.-: H'Ò . {Jð $ 6; I7trJ ~ .ðð
f', V ~ 7 he U.6ITNJ
Dollars
_6-
Cents
- 2 -
I
.,
þ
Item Est. Unit Total Based
~ Description units ~~ant. Price Est. Quant.
~;¡/ 3 . Furnish , Install
~ 1" conduit and
complete electrical
service.
Lump sum-'::ice'.J~ LS 1 $ <I. .300 .lÈ... {J,¡ ØðÒ/...Ji)
IUJeùTt {kR.c~~e.d
Dollar .
_0-
Cents
Total Evaluated Bid
Bid Items 1 through J. (in numbers) $ /1 ~O' ð-()
,
é¿~ 'I";) TJhV:;/ -AJd TIIÅ?cc
Dollars HOÞJc:J.I:.e.J
-0- ./
c~
signature of Bidder ~ 5' -- .
tliïê),p- 1/ QC 1'9 V 0 Aj e ..fJ j,c::.b .
Name and Title ~
(9tJ,qL~;qNN H/tR,'Ve
Business Address t:!;ð'ho NE 16 -5T.
fJ{)µ/J. £;u.. )~¿. d3o¿' 4
,
Phone Number ~ c¡ (j J () 1...3 d-
Submit Bid Proposals to:
Jan Slazyk, Buyer
Purchasing Office
Quote No. 883
Delray Beach city Hall
100 N. W. 1st Avenue
Delray Beach, FL 33444
Telephone No. (407) 243-7161
Sealed proposals will be accepted until 5:00 P.M. on Friday,
September 10, 1993, quotes received after that time will not be
considered.
Contractors having questions regarding the specifications can I
contact Jim Reynolds, P.E~, Chief Design Engineer at (407) ,
243-7326.
JR9236PS.KT ,
- 3 -
'.
,
-
. , \
. =------..
,
,
Contractor shall also carry appropriate marine related
insurance. The city shall be named additional insured.
V Schedule of Bid Prices
Bidder has examined the site and locality where the work is
to be performed, the legal requirements (Federal, State and
local laws, ordinances, rules and regulations) and the
conditions affecting cost, progress or performance of the
work a~d has made such independent investigations as Bidder
deems ~ecessary.
Bidder; acknowledges that all costs of the work for
materials, labor and equipment, are included in the Contraot
Unit P;t:ices.
Item Est. unit Total Based
H2.&- D~scription units Quant. Price Est. Quant.
1.. Furni~h & Install
6" PVC SDR 3S Sewer
lateral including
pavement repair. .
~ c:;; rt2J () . ~
Lump Sum Price: LS 1. $ ~ ()CJ7) "_ $
:~ f¡Z-f 71f tlf/J tu-d
Dollars
"- ufo-
- Cents,
2. Furnish & Install
Pump-out unit with
coin pperated timer,
two (2) 30 foot
suctiQn hoses, con- fgjOoo: 3, !Jðf:
crete: foundation,
and rélated
appu.rtenances.
Lump Sum Price: LS 1 $ S;~O.-= $ ~ Koo. ~
, vi- /~ T)(l (/.Jt7 JI d
Dollars
:¡t,/O.
Cents
-- \
- 2 -
'.
~
Item Est. Uni t Total Ba.sed
No. Description units Qu~nt. Pri6e Est. Quant.
3. Furnish & Install
1" oonduit and
compl~te electrical
service. ~ «Ò
Lump Sum Price; LS 1 $ It OCJO --: $ ~ (J 00 . -
CZÍÁtt fJ¿?(¡s1? H d --
Dollars
,~() ~
Cents r ' 11f/ 6 () ò -
Total Evaluated Bid ~ / ~
Bid Items 1 through .1 (in numbers) ø $ '. /1/ 000
nfP'17 7#Ó'~St:?p(-d
Dollars F~JIÏ Tha()SC711 d
~O~
ce~
Signature of Bidder
Davì d A. MQ'12wll
Name and T i tle ¡JR.¿ ~ ·
"_ Business Address I?/c~ ~ø .::zø I! 'Z'J( C .
ZrøtJJ þW 4¡ J/~
Phone Nwnber ~/U dC/h, Ft.
óCS-42~-laI2 B.3 Ci73
Submit Bid Proposals to:
Jan Slazyk, Buyer
Purchasing Office
Quote No. 883 1/
Delray Beach city Hall ~' 2 /J']'" 7/ 6b
100 N. W. 1st Avenue . .7'
aelray Beach, FL 33444 ~~
Telephone No. (407) 243-7161"'-'
Sealed proposals will be accepted until 5:00' P.M. on Friday,
Septémber 10, 1993, quotes receivp.d after that: time will not be
considered.
Contractors having questions regarding the specifications can
contact Jim Reynolds, P.E., ,Chief Design Engineer at (407)
243-7326.
JR923GPS.KT ;
- 3 -
" t9\
~
.
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Contractor shall also carry appropriate marine related
insurance. The City shall be named additional insured.
V Schedule of Bid Prices
Bidder has examined the site and locality where the work is
to be performed, the legal requirements (Federal, state and
I local laws, ordinances, rules and regulations) and the
conditions affecting cost, progress or performance of the
work and ,has made such independent investigations as Bidder
deems necessary.
Bidder acknowledges that all costs of the work for
materials, labor and equipment, are included in the Contract
unit Prices.
Item Est. Unit Total Based
1iO..L.- Description units Quant. Price Est. Quant.
1. Furnish & Install
6" PVC SDR 35 Sewer
lateral including
pavement repair.
Lump Sum Price: LS 1 $ --1;.(t..OO-. DC $ ~...Q...O
fÜ,y thoJ~ S\XJ Hvr1G\--e<)
Dollars
, , NO
,
Cents
2. Furnish & Install
Pump-out Unit with
coin operated timer,
two (2) 30 foot
suction hoses, con-
crete foundation,
and related
appurtenances.
Lump Sum Price: LS 1 $ &'?OD .DO $ 6900 . at>
Jr-eJ
~()
Cents
- \
- 2 -
'.
~
-
..
.
Item Est. unit Total Based
~ Description units Quant. Price Est. Quant.
3. Furnish & Install
1" conduit and
complete electrical
service.
Lump Sum Price: LS 1 $ ~OOO .00 $ ~OOO .~
:I1\~ T\1()~5i:tr\d
Dollars
ND
Cents
Total Evaluated Bid C£)
Bid Items 1 through ~ (in numbers) $ -
~ 'Fe ~ y t-P£t) 1l:1DO&7 nð Qne
Dollars H-tJMr-eJ
Signature of Bidder
rY\a~
, , ~
Business Address /13 À J,). t. L{'í' th... ~ t.
PoMpo..tµI ßea.ct" Fc...·33ofcc.(
Phone Number (3oS) 7'13, -9'lab
Submit Bid Proposals to: '.
I
Jan slazyk, Buyer
Purchasing Office
Quote No. BB3
Delray Beach City Hall
100 N. W. 1st Avenue -
.' þelray Beach, FL 33444
Telephone No. (407) 243-7161
Sealed proposals will be accepted until 5:00 P.M. on Friday,
september 10, 1993, quotes received after that time will not be
considered.
Contractors having questions regarding the specifications can
contact Jim Reynolds, P.E., Chief Design Engineer at (407)
~ I
243-7326.
JR9236PS.KT ,
- 3 -
.,
-
I
, Agenda I tem No.:
1\GENDA REQUEST
Da te: 10/05/93
Request to be placed on:'
X Regular Agenda Special Agenda Workshop Agenda
When: 10/12/93
Description of agenda item (who, what, where, how much): Award a purchase
to Bus-iness Computer Design (sole source supplier) in the amount of $13,440.00 for the
Progen and DBGEN Database software and a one year Software Maintenance Contract.
ORDINANCE/ RESOLUTION REQUIRED: YES~ Draft Attached: YES/NO
Recommendation: 'Rtz.(!.c>M~ "'pft-A-tþc..Hft,.L
Department Head Signature: ;{J~/p ~~ 4.~ ,..-L.".J /ð/~/«..3
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. & Des~ription: 001-1811-513-66.10 Software. MIS Operating Capital
Account Balance: ((r0'-/Ú) 19,\6SD & 001-1811-513-46.20 Equip. Maint.
(4(;-1C) 1\ Aí'Î,·. 41
City Manager Review: -
Approved for agenda: ~ NO ~1
Hold Until: VI I
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
'.
[IT' DF DELHA' BEA[H
100 NW. 1st AVENUE . DELRAY BEACH, FLORIDA 33444 . 407/243-7000
......
AI-am.tcaClty
, III'!
1993
MEMORANDUM
TO: David T. Harden, City Manager
FROM: Robert A. Barcinski, Assistant City Manager~
SUBJECT: AGENDA ITEM # CITY COMMISSION MEETING 10/12/93
BID AWARD - BUSINESS COMPUTER DESIGN
PROGEN AND DBGEN DATA BASE SOFTWARE
DATE: October 5, 1993
ACTION
City Commission is requested to award a purchase with Business
Computer Design (sole source supplier) in the amount of
$13,440.00 for the progen and DBGEN Database software and a one
year Software Maintenance Contract. Funding is available in
account code 001-1811-513-66.10 ($12,000) Software, MIS
Operating Capital and code 001-1811-513-46.20 Equipment
Maintenance ($1,440) .
BACKGROUND
The progen and DBGEN Database software has been budgeted in the
FY '93-'94 budget. This in an AS400 software program which will
enable our staff to make program changes in-house, at a
substantial time savings. The budgeting of this program allowed
us to cut our outside consulting services for program changes
from the budget. This was an on-going, yearly expense totalling
$12,000.
RECOMMENDATION
Staff recommends approval.
RAB:kwg
® THE EFFORT ALWAYS MATTERS
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MEMORANDUM I
,
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGE~
SUBJECT: AGENDA ITEM i ~)( - MEETING OF OCTOBER 12. 1993
CHANGE ORDER NO. 3/FALKAV. INC. PAYABLE TO FIREMAN'S
INSURANCE CO. OF NEWARK. NEW JERSEY
DATE: October 7, 1993 I
I
I
This item 1
is before you to consider a change order in the amount of I
$60,201.14 to the contract with Flakav, Inc. , payable to Fireman's \
Insurance Company of Newark, New Jersey, and final payment in the
amount of $111,736.40. i
!
Change Order #3 is for miscellaneous changes for the Tennis Center \
Project which include site and building revisions, tennis court
revisions and tournament facilities additions. All Changes are
itemized per schedule "A" attached.
Recommend approval of Change Order No. 3 in the amount of $60,210.14
and final payment in the amount of $111,736.40 be made to Fireman's
Insurance Company of Newark, New Jersey (Account No.
334-4145-572-63.41 in the amount of $17,349.68, and 001-4124-572-34.90
in the amount of $42,851.46)
~ 3-0
,
~.
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,.
Agenda Item No.:
AGENDA REOUEST
Date: October 6, 1993
Request to be placed on:
__X__ Regular Agenda
_____ Special Agenda
_____ Workshop Agenda When: October 13, 1993
Description of item (who, what, where, how much): Staff requests City
Commission to approve Change Order #3, Final to Fireman's Insurance Company of
Newark, New Jersey (for Falkav, Inc.) on the Delray Beach Tennis Center
(92-39). Change Order No. 3, Final is for miscellaneous changes for the
Project. The Changes to the Contract include site and building revisions,
tennis court revisions and tournament facilities additions. All changes are
itemized per schedule "A" attached to Change Order #3, Final (Exhibit A). The
Change Order is for a net add amount of $ 60,201.14. Funding Source is
334-4145-572-63.41 for $17,349.68 and General Fund fo,~,,~42~18~?~46__~~r ~our~ent
related items. ./:/' -.,.~ /' ~< ...., .....~f --)
Also provided is a "Cumulative Change Order Summary" which summarizes all items
added by Change Order to date and the origin of initiation (Exhibit B).
Staff also requests final payment in the amount of $111,736.40 be made to
Fireman's Insurance Company of Newark, New Jersey.
ORDINANCE/RESOLUTION REQUIRED: YES /fjDRAFT ATTACHED YES e
Recommendation: Staff Recommends approval of Change Order #3, Final and final
payment be made for this Project.
Department Head /IÞ
Signature:
City Attorney Review/Recommendation (if applicable)
Budget Director Review (required on all items involving expenditure of funds):
Funding available: YES/NO
Funding alternatives (if applicable)
Account No. & Descr!;fion~:- S7:J-.~ß'~~ .TVJJ/JI<;~
Account Balance /&1 j}). 4:
l - LH-¡4 - 5T) , ?:1- - I£.NJ\\\S . --~ - Oíj-\8~ CvtJ¡12f(r~
City Manager Review:
Approved for agenda: YES/NO
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
"
<.
CITY OF DELRAY BEACH
CIlAlfGE ORDER TO ORIGINAL CONTRACT
CHANGE NO. 2 PROJECT NO. 92-39 DATE:
PROJECT TITLE: Delray Beach Tennis Center
TO CONTRACTOR: Fireman's Insurance Co. of Newark, New Jersey (for Falkav, 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 changes to Project per attached schedule "A".
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT $2,496,963.00
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 79,800.33
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $2,576,763.33
COST OF CONSTRUCTION CHANGES THIS ORDER $ 60,201.14
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $2,636,964.47
PER CENT INCREASE THIS CHANGE ORDER 2.4 %
- -
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.
v&Aq6
Bridges, Marsh and Assoc for Firemen's Insurance Co. of
Newark, New Jersey
(SEAL)
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
Environmental Services Department 334-4145-572-63.41
FUNDS BUDGETED CODE
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
'.
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Agenda Item No.:
AGENDA REOUEST
Date: October 6, 1993
Request to be placed on:
__X__ Regular Agenda
_____ Special Agenda
_____ Workshop Agenda When: October 13, 1993
Description of item (who, what, where, how much): Staff requests City
Commission to approve Change Order #3, Final to Fireman's Insurance Company of
Newark, New Jersey (for Falkav, Inc.) on the Delray Beach Tennis Center
(92-39). Change Order No. 3, Final is for miscellaneous changes for the
project. The Changes to the Contract include site and building revisions,
tennis court revisions and tournament facilities additions. All changes are
itemized per schedule "A" attached to Change Order #3, Final (Exhibit A). The
Change Order is for a net add amount of $ 60,201.14. Funding Source is
334-4145-572-63.41.
Also provided is a "Cumulative Change Order Summary" which summarizes all items
added by Change Order to date and the origin of initiation (Exhibit B).
Staff also requests final payment in the amount of $111,736.40 be made to
Fireman's Insurance Company of Newark, New Jersey.
ORDINANCE/RESOLUTION REQUIRED: YES/~RAFT ATTACHED YES~
/
Recommendation: Staff Recommends approval of Change Order #3, Final and final
payment be made for this Project.
D~partment Head~~ 11/1
Sl.gnature: I A"""'-
City Attorney Review/Recommendation (if applicable)
Budget Director Review (requ~ 0 ite~s involving expenditure of funds):
Funding available: YES NO I 0/8' )c,3-
Funding alternatives (if applicable)
Account No. & Description
Account Balance ....- 0 --.--
City Manager Review:
Approved for agenda: YES/NO
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
CITY OF DELRAY BEACH
CONTRACTOR'S PAST PERFORMANCE REPORT
PERFORMANCE
RATING
AVERAGE
11ft ~ "1.lI t uP
11ù~,~ j.JJ I (bflCIt
. /l1ve/~ ¡,..
PROJECT Delrav Beach Tennis Center Ph I ~
PROJ. # 92-39
DATE October 6. 1993
Falkav. Inc.
(Contractor Name)
14050 SW 84th st. suite 202 Construction of Tennis Center
(Mailing Address) Type of Work
Miami. FL 33183 $2.636.984.47
(City, state, Zip) ($ Amount)
GRADING INSTRUCTIONS
This report contains two sections, SECTION I, "MANAGEMENT AND
ORGANIZATION OF THE WORK", and SECTION II, "WORK PERFORMANCE".
contained in each SECTION listed under Topic Statements (A., B.,
C. , etc.), are Items, (1. , 2. , 3. , etc.), to be graded by the
proiect Engineer as follows:
1 - Unsatisfactory 4 - Above satisfactory
2 - Marginal 5 - Excellent
3 - Satisfactory
The overall average of both these sections is listed above as the
Performance Rating Average based on the 1-5 scale above.
I'A () ¡ft; íJtJ ~ Ii )/J!(lZ
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SECTION I
MANAGEMENT AND ORGANIZATION OF THE WORK
A. Effectiveness of supervision in schedulinq the work,
orqanizinq construction operations and providinq quality
control.
l ~ ~
1. Preconstruction Conference preparation and presentation.
2. Adequacy in maintaining their proposed work schedule and preventing delays of stoppages in -L ~4
particular phases or overall project completion.
3. Coordination and s~rvision of subcontractors to insure quality control and contract I ~
compl i ance.
4. Knowledge of supervisory personnel regarding specifications, plans and special provisions. I t
5. S~rvision of work crews. -L 4
6. Preparation of shop drawings and submittals. I ]
.
B. Neqotiation of Contract modifications, project
record-keepinq and project documentation.
1. Organization and completeness of data submitted for potential claims, extra work and time I 3
extensions.
2. Organization and availability of project records. I ]
3. Furnishing of required certifications of materials, delivery tickets and invoices. I J
C. workinq relationship with city personnel responsible for
administration of the Contract requirements and inspection
of the work.
1. Notifying the City of ~roblerns before the work is continued. ) 4-
2. Effecting changes within the scope of the Contract as instructed by the City. D 4
3. Informing City Construction Management personnel in advance of scheduled day to day i terns I 3
of work.
4. Responding to correspondence fran the City. I t
5. Properly notifying the City in advance of job changes and shut-down for Holidays, adverse 0 t
weather, leaving the job or other circumstances.
SECTION I TOTAL . . . . . . ( )l ) (47 )
"
, -
~~ ~~r~
SECTION II
WORK PERFORMANCE
A. Prosecution of the Work. )
1. Effort to complete the work within Contract time plus authorized extensions. I
2. Punctuality in starting the work and completing critical intenmediate phases. -L 4
3. Effort in performing work on all production i terns available throughout the project. -+- r
/ ".
4. Manpower commitment in perform the work. 5t
5. Knowledge and calp!tency of work force in performance of assigned job duties. Ù f,
6. Accuracy and dependabi l i ty survey layout. - J f
7. Cooperation in performance of work with local citizens, (dust control, accessibility, -L f
restoration).
8. Availability of project superintendent. } 5f
B. Work effort and product quality control. O~
f
1- Quality of work completed.
2. Allowance of sufficient time for job site sall'pli ng and testing of materials before J f
proceeding with the work.
3. Effort to provide and maintain adequate survey station markers and grades. - I f
4. Pre-planning on complicated work to assure a smooth operations. --L t
5. Quality of the work with normal inspection. I 1
c. scheduling and controlling of construction activities to
minimize the impact on traffic through the construction
zone, access to adjacent property and protection of the
general public. ~)~
1- Maintenance and lighting of approach warning signs and barricades both day and night.
~~
2. Adequacy of traffic flagman, including training and equipment.
3. Response time in correcting jobsite conditions hazardous to the general public. 4
4. Signing, ( i nformat i ana l , special detour, lane closure, etc.), including required 4 f'J A
striping and maintenance.
5. Protecting and maintaining required access to adjacent property including use and ] f
maintenance of erosion control devices.
6. Securing project at the end of each workday, weekends and hol idays. L :5
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Work Performance ~ (lJ, µ~ 1<
Page 2
D. Sufficiency of appropriate equipment to prevent downtime and
provide safe production of a quality product.
1. Availability of sufficient equipment for performance of the work. :5 ~
2. Service and repair of equipment to insure a quality product. J 1
3. Use of proper equipment on designated work. :J 4
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4. Operator performance on equipment being utilized. J
5. Utilization of trained and coq>etent personnel for all equipment. 2 ]
E. compliance with E.E.O., labor, training and on-site safety.
1. Maintenace of the worksite in a safe and clean condition. 2 J
2. Employees adherence to Contractors safety policy and City safety requirements. L :1
3. furnishing a certified payrolls both for contractor and his subcontractors as required. ~ ~^
F. Interface with utility companies in adjusting, relocating or
install facilities concurrent with construction.
1. Providing required notice to the City regarding planned operations affected by utilities. 1 J
2. Coordination with utility companies in protection of existing facilities. ~ 4
3. Effort to work with utility companies as necessary in correcting unforeseen problems. 3 f
G. Final completion of the project.
1. Effort in expediting project clean-up. f
2. Effort in minimizing punch list items. 4
3. Slbnission of all final paperwork and docunentation. f
L( 47
1//1 .....
SECTION II TOTAL . . . . . . ( ~1 ) }
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PROJECT ENGINEERS REMARKS SUPPORTING GRADES
~µ f" ~~~/): I {::/Ai tIÞJI=/wr;V~:/Pl (7~~::~
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(A~Additional Remarks)
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construction Manager p·oj ct A at
\I~~ngineer
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM i gO - MEETING OF OCTOBER 12. 1993 i
CHANGE ORDER NO. l/ELKINS CONSTRUCTORS. INC. I
DATE: October 7, 1993
This item is before you to consider deduct change order in the amount !
i
of -$20,071.00 to the contract with Elkins Constructors, Inc., for the I
South Water Reservoir Rehabilitation Program.
Change Order #1 is for miscellaneous changes for the project as
itemized per Schedule "A" attached and also includes an additional
thirty one calendar days added to the intermediate milestone date for
the tank to be put back into service or an extension to August 20,
1993.
Recommend approval of Change Order No. 1 in the net amount of deduct í
-$20,071.00 (Account No. 442-5178-536-61.80)
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Agenda Item No.:
AGENDA REOUEST
Date: October 5, 1993
Request to be placed on:
__X__ Regular Agenda
_____ Special Agenda
_____ Workshop Agenda When: October 13, 1993
Description of item (who, what, where, how much): Staff requests City
Commission to approve Change Order #1 to Elkins Constructors, Inc. on the South
Water Reservoir Rehabilitation Program (91-01). Change Order No. 1 is for
miscellaneous changes for the Project as itemized per Schedule "A" attached to
the Change Order. Change Order #1 is for a net deduct amount of $20,071.00.
Also included is an additional (31) thirty-one calendar days added to the
intermediate milestone date for the tank to be put back into service or an
extension to August 20, 1993. Funding Source is 442-5178-536-61.80.
staff also requests authorization for final payment in the amount of $72,652.90
be made to Elkins Constructors, Inc. for this Project.
ORDINANCE/RESOLUTION REQUIRED: YES~RAFT ATTACHED YE~
Recommendation: Staff Recommends approval of Change Order #1 and final payment
be made to Elkins Constructors.
Department Head \~(h~ -/^t /
Signature:
City Attorney Review/Recommendation (if applicable)
Budget Director Review ~red on all items involving expenditure of funds):
Funding available: YE NO
Funding alternatives 2iJf ~cabl~
Account No. . D~l{1.iPtionf2-~rzfS~ .~{~ . -~. g:oP-l1læ.~Aß
Account Balance .~?> . . ð.
City Manager Review: '
Approved for agenda: YES/NO
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
>.
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. CITY OF DELRAY BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
CHANGE NO. 1 PROJECT NO. 91-01 DATE:
PROJECT TITLE: South Water Reservoir Rehabilitation Program
TO CONTRACTOR: Elkins Constructors, 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:
Miscellaneous changes per attached Schedule "A"
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT $746,600.00
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 0.00
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $746,600.00
COST OF CONSTRUCTION CHANGES THIS ORDER -$ 20,071.00
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $726,529.00
PER CENT DECREASE THIS CHANGE ORDER 2.7 \
- -
TOTAL PER CENT DECREASE TO DATE 2.7 \
- -
EXTENSION OF CONTRACT TIME ALLOWED BY THIS CONTRACT 31 CALENDAR DAYS TO 08/20/93
- -
FOR INTERMEDIATE MILESTONE DATE.
CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my
considered opinion, accurate
John Chesher, P.E. for Elkins Constructors, Inc.
for Hazen and Sawyer
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
Environmental Services Department 442-5178-536-61.80
FUNDS BUDGETED CODE
DELRAY BEACH, FLORIDA
RECOMMEND: By:
Ralph E Hayden, City Engineer David T Harden, City Manager
ATTEST:
APPROVED: By:
City Attorney City Clerk
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Schedule A - CHANGE ORDER #1
Delray Beach Project #91-01
Project Name: South Water Reservoir Rehabilitation Program
c;] Description I Cost II OrIgin Of InltlatlonlExplanatlon I
No.
1. Use non-skid paint on reservoirs' roof $2,075.00 City (Utilities) requested change due to past history with
slippery conditions
2. Additional water pumping to drain reservoirs $668.00 Clty(Utllltles) deferred remaining dewatering of reservoir to
Contractor
3. Paint Storage Building Interior walls $945.00 City (UtIlities) requested change to improve appearance of
walls
4. Add a fourth rail to stair handrail $100.00 City (Fire Department) requested change necessary to
approve Building Permit
5. Paint pipes at Pump Room $2,840.00 City (Utilities) requested change to Improve appearance of
equipment
6. Delete new tile Installation In control room area ($4,273.00) City (Utilities) requested
7. Relocate generator; replace exhaust piping & $9,371.00 City (Utilities) requested
Insulation at two other generators
8. Replace old drop ceiling In Storage Building $1,790.00 Unforeseen condition
with new system
9. Replace wood supporting fascia at Storage $244.00 Unforeseen condition: when fascia was removed, supporting
Building wood was unacceptable
10. Remove asbestos at old Pump House $2,116.00 Unforeseen condition: asbestos was not discovered until as
asbestos survey was conducted
11. Replace drop ceiling light fixtures In Storage $2,475.00 Unforeseen condition: when old ceiling was replacecllt was
Building discovered that the existing fixtures were unacceptable
12. Reroute new 20· transfer piping to avoid $2,368.00 Unforeseen condition: obstructions discovered during
conflicts with underground obstructions excavating Interfered with new pipe routing
13. Seal masonry OInt at Storage Building wall to $535.00 Unforeseen condition: water leak was discovered during
prevent water Infiltration construction
14. Reconcile Tank Repair Allowance ($34,948.00) Unforeseen condition
15. Reconcile DFS Allowance ($6,042.00) Unforeseen condition
16. Reconcile Testing Lab Allowance ($335.00) Unforeseen condition
Total net credit Change Order #1 ($20.071.00)
Page 1
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Schedule B - CUMULATIVE CHANGE ORDER SUMMARY
Delray Beach Project #91-01
Project Name: South Water Reservoir Rehabilitation Program
C:J Description I Cost II Origin Of InltlatlonlExplanatlon
City requested changes
1. Use non-skid paint on reservoirs' roof $2,075.00 City (UtIlities) requested change due to past history with
slippery conditions
2. Additional water pumping to drain reservoirs $668.00 Clty(Utllitles) deferred remaining dewatering of reservoir to
Contractor
3. Paint Storage Building Interior walls $945.00 City (UtIlities) requested change to Improve appearance of
walls
4. Add a fourth rail to stair handrail $100.00 City (Fire Department) requested change necessary to
approve Building Permit
5. Paint pipes at Pump Room $2,840.00 City (UtIlities) requested change to Improve appearance of
equipment
6. Delete new tile Installation In control room area ($4,273.00) City (Utilities) requested
7. Relocate generator; replace exhaust piping & $9,371.00 City (Utilities) requested
insulation at two other generators
Subtotal for City Requested Changes $11,726.00 1.6% of original Contract
Unfor....n condRlons
1. Replace old drop ceiling in Storage Building $1,790.00 Unforeseen condition
with new system
2. Replace wood supporting fascia at Storage $244.00 Unforeseen condition: when fascia was removed, supporting
Building wood was unacceptable
3. Remove asbestos at old Pump House $2,116.00 Unforeseen condition: asbestos was not discovered until as
asbestos survey was conducted
4. Replace drop ceiling light fixtures In Storage $2,475.00 Unforeseen condition: when old ceiling was replaced it was
Building discovered that the existing fixtures were unacceptable
5. Reroute new 20· transfer piping to avoid $2,368.00 Unforeseen condition: obstructions discovered during
conflicts with underground obstructions excavating Interfered with new pipe routing
6. Seal masonry Joint at Storage Building wall to $535.00 Unforeseen condition: water leak was discovered during
prevent water Infiltration construction
7. Reconcile Tank Repair Allowance ($34,948.00) Unforeseen condition
8. Reconcile DFS Allowance ($6,042.00) Unforeseen condition
9. Reconcile Testing Lab Allowance ($335.00) Unforeseen condition
Subtotal for Unforeseen Conditions ($31,797.00)
Total for Change Order #1 ($20,071.00)
Page 2
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HAzEN AND SAWYER Hazen and Sawyer, P. C,
2101 Corporate Blvd,
Environmental Engineers & Scientists Boca Raton, FL 33431
407997-8070
Fax 407 997-8159
October 1, 1993
Mr. R. Howard Wight
CITY OF DELRA Y BEACH
434 S. Swinton Avenue
Delray Beach, Florida 33444
South Water Reservoir Rehabilitation
Certificate for Payment NO.8 (Final)
Dear Howard:
Enclosed are three (3) copies of Elkins Constructors, Inc., Application and Certificate for Payment
NO.8
We have reviewed the Pay Request and recommend final payment in the amount of $72,652.90.
Very truly yours,
HAZEN AND SAWYER, P.C.
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John A. Chesher, P.E.
Senior Principal Engineer
Enclosures
c: File 4087-9.0
4087L043.BCA
Ntw York, NY . Armonk, NY . Upper Saddle River, NJ . Raleigh, NC . Chartotte, NC . RIchmond, VA .' Hollywood, FL . Boca Raton, FL . Fort Pierce, FL . Jupher, FL . Miami, FL . Bogota, D.E. Colombia
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WARRANTY OF TITLE I
(For Periodic Progress Payments) . i
...' ~
STATE OF FLORIDA )
) SS -CONTRACTOR: Elk;n~ rnn~~nlr~nr~. T~c.
PALM BEACH COUNTY )
PROJECT NAME: South Watp-r Reservoir
Rph~h;l;t~t;on Program
CITY OF DELRAY BEACH PROJECT NO: 91-01
CONSULTANT PROJgCT NO: 4nR~ -
BEFORE ME, . the undersigned authority, personally appeared
James L. Gajewski (the "Affiant"), who after being
duly sworn, says that he is the "CONTRACTOR", pursuant to a
Contract (the "Contract") dated January 19 , 19-9.3..
with the CITY OF DELRAY BEACH, FLORIDA, (the "OWNER"), for the
supply of certain labor and/or materials (the "Work"), to
certain property, as shown and described in the Contract
Documents, . subsequent Addendums or Change Orders, and on behalf
of the Contractor makes the following warranties:
,.
.1. The CONTRACTOR warrants that it has ·fully completely in
accordance with the plans and specifications therefor,
that portion of the Work, pursuant to the Contract (the
"Completed Work") covered by the attached Periodic
Progress Payment Request.
II. The CONTRACTOR further warrants and represents that:
1. All subcontractors, vendors, materialmen, suppliers
and other parties of whatever kind of nature who are
entitled to payment from the CONTRACTOR for providing
labor and/or materials to the CONTRACTOR pursuant to
the contract as of the date in the last previous
request for payment have been paid in full and
therefore have delivered to the CONTRACTOR validly
executed Partial Release of claims with respect
thereto.
2. Title to all materials and equipment covered by the
attached Periodic Pay Request for Payment dated
Sr¡;>tembP-r 7.4 , 19 Q~ , passes to the city at the
·t me of payment free and clear of all liens.
S gnature)
Vice President
(Title)
SWORN TO AND SUBSCRIBED before me this 24t~ day of
September , 19 93 .
(SEAL)
ry Pub , state of..".FlorJ.~~1.: ZIPPERER
onunisslon EXpires,i·:;';~4~'-:. ~10"':\'OY rCßL1C ST,m OF FLORIDA
:: (~\ ',.~ '. ,," ". 12 '997
~:: ~\{ ;ò~ My tomrnissior. Ex¡wes Se"t. ,.
'~""'''·;¿;'·.Æ· .' N CC 3149519
WT-1 ",Xo¡·.,~,.. COi1lmISSIO.1 o·
1"'fU"\
'. _.__________~h___.__ _.__
·
CITY OF DELRAY BEACH
CONTRACTOR'S PAST PERFORMANCE REPORT
PERFORMANCE
RATING
AVERAGE
I 3,7/ I
PROJECT South Water Reservoir Rehabilitation Proqram
PROJ. # 91-01
DATE October 5. 1993
Elkins Constructors, Inc.
(Contractor Name)
P.O. Box 2396 Rehabilitation of South Reservoir
(Mailing Address) Type of Work
Jacksonville. FL 32203 $ 726.529.00
(City, State, Zip) ($ Amount)
GRADING INSTRUCTIONS
This report contains two sections, SECTION I, "MANAGEMENT AND
ORGANIZATION OF THE WORK", and SECTION II, "WORK PERFORMANCE".
contained in each SECTION listed under Topic Statements (A. , B. ,
C. , etc.), are Items, (1. , 2. , 3. , etc.), to be graded by the
Pro;ect Engineer as follows:
1 - Unsatisfactory 4 - Above Satisfactory
2 - Marginal 5 - Excellent
3 - Satisfactory
The overall average of both these sections is listed above as the
Performance Rating Average based on the 1-5 scale above.
If 6
- 5.7/
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SECTION I
MANAGEMENT, AND ORGANIZATION OF THE WORK
A. Effectiveness of supervision in schedulinq the work,
orqanizinq construction operations and providinq quality
control.
1. Preconstruction Conference preparation and presentation. -±-
2. Adequacy in maintaining their proposed work schedule and preventing delays of stoppages in J
particular phases or overall project coopletion.
3. Coordination and slpervision of subcontractors to insure quality control and contract ]
coopl iance.
4. Knowledge of supervisory personnel regarding specificàtions, plans and special provisions. 4-
5. Slpervision of work crews. J
6. Preparation of shop drawings and submittals. 4
B. Neqotiation of Contract mOdifications, project
record-keepinq and project documentation.
, . Organization and coopleteness of data submitted for potential claims, extra work and time f
extensions.
2. Organization and availability of project records. f
3. Furnishing of required certifications of materials, delivery tickets and invoices. f
C. workinq relationship with city personnel responsible for
administration of the Contract requirements and inspection
of the work.
, . Notifying the City of problems before the work is contiooed. -L
2. Effecting changes within the scope of the Contract as instructed by the City. L
3. Informing City Construction Management personnel in advance of scheduled day to day items L
of work.
4. Responding to correspondence fran the City. +
5. Properly notifying the City in advance of job changes and shut-down for Hol i days , adverse -L
weather, leaving the job or other circumstances.
SECTION I TOTAL . . . . . . ( {] )
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SECTION II
WORK PERFORMANCE
A. Prosecution of the Work.
1. Effort to complete the work within Contract time plus authorized extensions. ]
.
2. Punctuality in starting the work and completing critical intermediate phases. ]
3. Effort In perfonnlng work on all production Items available throughout the project. J
4. Manpower comnitment in perform the work. J
5. Knowledge and cQq)etency of work force In performance of assigned job duties. L
6. Accuracy and dependabil ity survey layout. 4
7. Cooperation In performance of work with local citizens, (dust control, accessibility, L
restoration).
8. Availability of project superintendent. ...L
B. Work effort and product quality control.
1. Quality of work completed. -L
2. Allowance of sufficient time for job site sallp ling and testing of materials before L
proceeding with the work.
3. Effort to provide and maintain adequate survey station markers and grades. 4
4. Pre-planning on complicated work to assure a smooth operations. f
5. Quality of the work with normal inspection. ~
C. Scheduling and controlling of construction activities to
minimize the impact on traffic through the construction
zone, access to adjacent property and protection of the
general public.
1. Maintenance and lighting of approach warning signs and barricades both day and night.
2. Adequacy of traffic flagman, including training and equipment.
3. Response time in correcting jobsite conditions hazardous to the general plbl ic.
4. Signing, ( i nformat i ona l , special detour, lane closure, etc.), including required -'
striping and maintenance.
5. Protecting and maintaining required access to adjacent including use and
property L
maintenance of erosion control devices.
6. Securing project at the end of each workday, weekends and holidays. -±-
- .
Work Performance
Page 2
D. Sufficiency of appropriate equipment to prevent downtime and
provide safe production of a quality product.
, . Avaflabfl ity of sufficient equipment for performance of the work. J
2. Service and repair of equipment to insure a quality product. +
3. Use of proper equipment on designated work. J
4. Operator performance on equipment being utfl fzed. 1
5. Utilization of trained and competent personnel for all equipment. J
E. Compliance with E.E.a., labor, training and on-site safety.
, . Maintenace of the worksite in a safe and clean condition. --.L
2. Employees adherence to Contractors safety policy and City safety requirements. +
3. Furnishing a certified payrolls both for contractor and his subcontractors as required.
F. Interface with utility companies in adjusting, relocating or
install facilities concurrent with construction.
, . Providing required notice to the City regarding planned operations affected by utilities. -L
2. Coordination with util ity c~nies in protection of existing facit ities. -±-
3. Effort to work with utility c~nies as necessary in correcting unforeseen problems. -L
G. Final completion of the project.
, . Effort in expediting project clean-up. J
2. Effort in minimizing punch list items. -±-
3. Slbnission of all final paperwork and docunentation. -±-
SECTION II TOTAL . . . . . . ( /DJ )
'.
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PROJECT ENGINEERS R~MARKS SUPPORTING GRADES
/~¿W~ /h1t/fJ,J T
(Attach Additional Remarks)
Submitted ~ ~n Manager
Project Engineer
~~
lty Engineer
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT; AGENDA ITEM :\I: CJA - MEETING OF OCTOBER 12. 1993
REPORT OF APPEALABLE LAND USE ITEMS
!
DATE: October 7, 1993 I
This item is before you for acceptance of the report of decisions made
by the various development related boards during the period September
27, 1993 through October 8, 1993. The following actions were
considered during this reporting perìod;
Site Plan Review and Appearance Board:
-Tabled the architectural elevation plan (awning additìon) for
Elwoods Bar-B-Que.
-Approved the architectural elevation plan (facade changes) for
6 South Restaurant ( Phoenix) .
-Approved the site, architectural elevation and landscape plans
associated with the construction of Cabria Crest. Concurrently
approved waiver requests for reduction of additional right-of-way
for George Bush Boulevard and A-1-A and construction of a
sidewalk along George Bush Boulevard.
-Approved a minor site plan modification and landscape plan
associated with the construction of a parking lot for Sutton
Chapel.
Historic Preservation Board:
-Granted a Certificate of Appropriateness and approved the site,
architectural elevation (in concept) and landscape plans for
Sloan Hammock. Tabled certain design elements. Approved a
reduction in right-of-way width for S.E. 7th Avenue to 40/ and
denied request for waiver of sidewalk requirement.
-Granted a Certificate of Appropriateness and approved site,
landscape and architectural elevation plans for Skinner Dental
Lab. Denied a request for waiver of sidewalk installation along
N.E. 3rd Avenue¡ approved the use of pea rock parking surfaces¡
recommended approval of reduction in perimeter landscape strip to
1/ along the north property line, to 3/ on the south property
line and to 2/ along the east property line.
-Granted a Certificate of Appropriateness for 234 N. Swinton
Avenue (renovations).
I
-With respect to the approval of the site plan for the Sloan
Hammock project ( HPB) , there is a specific item which may warrent ,
the attention of the City Commission. This item pertains to the j
location of "back-out" parking vis-a-vis property boundaries. I
The Administration suggests that this site plan action be I
,
appealed by a Commission member so that the parking issue is more I
fully addressed. ¡
!
!
'.
'.
.
The Planning and Zoning Board did not hold a regular business meeting
during this reporting period. A detailed staff report is attached as
backup material for this item. i
i
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDEN, CITY MANAGER
THRU:
ZONING
FROM:
SUBJECT: MEETING OF OCTOBER 12, 1993
REPORT OF APPEALABLE LAND USE ITEMS
SEPTEMBER 27, 1993 THRU OCTOBER 8, 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 27, 1993, through
October 8, 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 27, 1993 thru October 8, 1993
Page 2
PLANNING AND ZONING BOARD (No Regular Business Meeting was held
during this period)
SITE PLAN REVIEW AND APPEARANCE BOARD MEETING OF OCTOBER 6, 1993
1- Tabled the architectural elevation plan (awning addition)
for Elwoods Bar-B-Que, located at the northeast corner of
Atlantic Avenue and NE 3rd Avenue (Vote 7 to 0).
2. Approved the architectural elevation plan (facade changes)
for 6 South Restaurant (Phoenix), located at the west side
of A-1-A, south of Atlantic Avenue (Vote 7 to 0).
3. Approved the site plan, architectural elevation plan and
landscape plan associated with the construction of a 6 unit
townhouse complex Cambria Crest, located at the southwest
corner of George Bush Boulevard and A-1-A (Vote 7 to 0).
Concurrently, the Board approved two requests for waivers
namely;
* a reduction in the requirement for additional
right-of-way for George Bush Boulevard and A-1-A, and,
* the requirement for construction of a sidewalk along
George Bush Boulevard.
4. Approved a minor site plan modification and landscape plan
associated with the construction of a parking lot f or the
Sutton Chapel Church of God in Christ, which is located at
the southeast corner of SW 2nd Street and SW 4th Avenue
(Vote 7 to 0).
HISTORIC PRESERVATION BOARD MEETING OF OCTOBER 6, 1993
A. Granted a Certificate of Appropriateness and approved the
site plan, landscape plan for Sloan Hammock, a multi-family
development, located on the west side of SE 7th Avenue,
south of SE 1st Street (Vote 7 to 0) . While the Board
approved the architectural elevation plan (7 to 0) in
concept, certain design elements were tabled to be
reconsidered at a subsequent meeting. The Board acted on
two waiver requests, namely;
- approved a reduction of the width of the right-of-way for
SE 7th Avenue from 60' to 40';
- denied the request to waive the sidewalk requirement,
however, as a compromise the Board required that the
sidewalk be installed from the north property line to the
northernmost parking space and that the cost of providing
the balance of the sidewalk be the developer's
responsibility which is to be used for its construction
at a future date to be determined by the City.
Associated actions also include three variance requests,
namely,
- a reduction in the rear setback from the required 25'
to 10';
- a reduction in the side interior setback from the
required 15' to 10' for the proposed garage;
"
City Commission Documentation
Report of Appealable Land Use Items
September 27, 1993 thru October 8, 1993
Page 3
- a reduction in the required setback between the new
single family residence and the tri-plex from 24.5' to
18.5'.
(These variances are not appealable items).
B. Granted a Certificate of Appropriateness and approved the
site plan, landscape plan and architectural elevation plan
associated with the conversion of a single family residence
to a dental laboratory, Skinner Dental Lab, located on the
east side of NE 3rd Avenue, between George Bush Boulevard
and Royal Court (Vote 7 to 0).
In addition the Board acted on the following waivers:
- denied a request to waive the requirement for sidewalk
installation along NE 3rd Avenue;
- approved the use of a pea rock parking surface for the
interior drives and parking spaces;
- recommended to the City Commission approval of
landscape waiver requests to reduce the required 5' wide
landscape strip to l' along the north property line, to
3' on south property line and to 2' along the east
property line.
C. Granted a Certificate of Appropriateness associated with
renovation of a duplex structure at 235 North Swinton
Avenue (Vote 7 to 0).
RECOMMENDED ACTION:
By motion, receive and file this report.
Attachment: Location Map
'.
LOCATION MAP FOR
ClìY COMMISSION MEETING
OF OCTOBER 12, 1993
L-30 CANAL
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L-311 CANAL
CITY LIMITS -.-.-.-.-.. S P R A. B · H P B .
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I MILE I 1, - ELWOODS BAR-B-QUE A. - SLOAN HAMMOCK
I 2. - 6 SOUTH RESTAURANT (PHOENIX) B. - SKINNER DENTAL LAS
SCALE 3. - CAMBRIA CREST C. - 235 NORTH SWINTON AVENUE
4, - SUTTON CHAPEL
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CIlY OF DELRAY BEACH, FL
PlANNING DEPARTMENT
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER r¢-
SUBJECT: AGENDA ITEM 4t 115 - MEETING OF OCTOBER 12. 1993
DETERMINATION OF ARCHITECTURAL COMPATIBILITY/OUTBACK STEAK-
HOUSE
DATE: October 7, 1993
This item is before you to determine if the architectural elevations
proposed for the Outback Steakhouse are compatible with those of the
Linton Square Shopping Center.
Section 4.6.18 (B)(13)(a) of the Land Development Regulations states
that the elevations of an outbuilding within a shopping center shall
be compatible in terms of color, materials and architectural style.
The elevations for this project are incompatible in that the proposal
is for a wooden frame building, while the shopping center is comprised
of stucco buildings.
The Site Plan Review and Appearance Board reviewed the architectural
elevations at its meetings of August 25th, September 8th and September
22nd. At the August 25th meeting concerns were raised with regard to
the lack of detail, screening and roof parapets.
Subsequently, the applicant submitted revised elevations which
incorporated those comments as well as adding a stucco band around the
windows and base of the building, and a gable roof. The Site Plan
and Review Board at their September 22nd meeting recommended approval
of the revised elevations. A detailed staff report is attached as
backup material for this item.
Recommend approval of the architectural elevations for Outback
Steakhouse, pursuant to positive findings with respect to Land
Development Regulations Section 4.6.18 (B)(13)(a).
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVI~ HARDEN, CITY MANAGER
(9JJíà ~d.~ jel!
THRU: DAVID J. KOVACS, IREC R
D~ENT OF ~LANNING AN ZONING
FROM: PÅUL DORL~NIOR PLANNER
SUBJECT: MEETING OF OCTOBER 12, 1993
APPROVAL OF THE ARCHITECTURAL ELEVATIONS FOR OUTBACK
STEAK HOUSE.
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of architectural elevations of the Outback Steak
House.
The project is to be located on the outparcel of the Delray
Crossing Shopping Center located at the southeast corner of
Linton Boulevard and 1-95.
BACKGROUND:
Pursuant to LDR Section 4.6.18 (B)(13)(a) the elevations of
outbuildings within a shopping center shall be compatible
in terms of color, materials and architectural style. If
the SPRAB Board determines that there is not compatibility
with respect to any items, then it shall deny the
elevations. However, if the Board feels, despite the
incompatibility, the elevations should be approved they
shall forward the elevations to the City Commission with a
recommendation of approval and the City Commission shall
take final action.
SITE PLAN REVIEW AND APPEARANCE BOARD:
The Site Plan Review and Appearance Board formally reviewed the
Outback Steak House architectural elevations at its meetings of
August 25, 1993, September 8, 1993 and September 22, 1993.
At the August 25th meeting the Board raised concerns that the
elevations lacked detail, screening, and roof parapets, and that
the building materials were incompatible with the overall center
(i.e. wood frame verses stucco on the center).
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The applicant submitted revised elevations which were reviewed
at subsequent meetings on September 8th and September 22, 1993.
These elevations incorporated the above comments as well as
adding a stucco band around the windows, a gable roof and a
raised stucco band on the base of the building. The colors
match the overall shopping center. At the September 22 meeting
the SPRAB members felt the plans were an improvement over
previous submissions and recommended approval.
As the elevations were not compatible in all respects to the
overall center, the appropriate action pursuant to Section
4.6.18 (B)(13)(a) is to forward the elevations to City
Commission for approval.
RECOMMENDED ACTION:
By motion, approve the elevations for Outback Steak House as
presented subject to positive findings with respect to Section
4.6.18 (B)(13)(a).
Attachment:
* Outback Steak House elevations
* Delray Crossing elevations
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
1
FROM: CI TY MANAGER f t--i !
SUBJECT: AGENDA ITEM it ~C - MEETING OF OCTOBER 12. 1993
RESOLUTION NO. 97-93
DATE: October 7, 1993
This is a resolution authorizing the Community Redevelopment Agency to
acquire certain real property described as Lots 5 through 10, Block
53, Town of Linton.
As a part of the Amendment to the Interlocal Agreement for the County
Courthouse Expansion, the CRA agreed to acquire and convey to the
County, by October 1, 1994, the above mentioned property. In order to
proceed with the acquisition, Florida Statutes requires approval of a
resolution authorizing such acquisition by the local governing body.
Recommend approval of Resolution No. 97-93.
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RESOLUTION NO. 97-93
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AUTHORIZING THE ACQUISITION
OF CERTAIN REAL PROPERTY AS HEREINAFTER DESCRIBED
BY THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY
BY GIFT, PURCHASE OR EMINENT DOMAIN; PROVIDING AN
EFFECTIVE DATE; AND FOR OTHER PURPOSES.
WHEREAS, by Ordinance No. 46-85 adopted by the City
of Delray Beach, the City Council of the City of Delray
Beach, Florida, created the Delray Beach Community
Redevelopment Agency; and
WBBREAS , pursuant to Section 163.370(1) (e) (2),
Florida Statutes, the Delray Beach Community Redevelopment
Agency possesses the power to acquire by gift, purchase or
eminent domain any real property within the community
redevelopment area; and
WBBREAS , the City Council of the City of Delray
Beach, Florida, has been requested by the Delray Beach
Community Redevelopment Agency to authorize the acquisition
in fee simple by gift, purchase or eminent domain, of certain
property described therein; and
WBBREAS , the City of Delray Beach, Delray Beach
Community Redevelopment Agency, and Palm Beach County have
entered into that certain Interlocal Agreement attached as
Exhibit "A"; and
WBBRBAS , Section 163.370(1) (e) (2), Florida
Statutes, further provides that a community redevelopment
agency may not exercise any power of eminent domain unless
the exercise has been specifically approved by the governing
body of the municipality which established the agency; and
WBBRBAS , the City Council of the City of Delray
Beach, Florida, desires to approve or authorize the
acquisition of the property hereinafter described by the
Delray Beach Community Redevelopment Agency by gift, purchase
or eminent domain.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
SECTION 1: The Delray Beach Community Redevelopment
Agency is hereby authorized to acquire fee simple title by
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gift, purchase or eminent domain that certain property more
specifically legally described as follows:
Lots 5 through 10, Block 53, TOWN OF
LINTON, as recorded in Plat Book 1, Page
3, of the Public Records of Palm Beach
County, Florida.
SECTION 2: This Resolution shall take effect
immediately upon passage.
PASSED AND ADOPTED in regular session on the 12th
day of October , 19.1l.. HAY~~
ATTEST:
~ef~
Acting CITY CLERK
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[ITY DF DELRAY ~1r;R[H
~¿.~!;' .i$: E' . -'~ iii '
CITY ATTORNEY'S OFFn¡ Wr.1.ter"., D.1..r_c::t L.:1.ne
(407) 243-7090
MEMORANDUM
Date: September 30, 1993
To: City Commission
~(~.
From: David N. Tolces, Assistant City Attorney\-"!
Subject: Acquisition of Lots 5 through 10, Block 53, Town of
Linton - County Courthouse Expansion
As part of the Amendment to the Interlocal Agreement, the CRA
agreed to acquire and to convey to the County by October 1 ,
1994, the above-mentioned property. Section 163.370(1) (e) (2).
Florida Statutes requires approval of a resolution authorizing
the CRA's acquisition of property by the local governing body
prior to the CRA exercising its power of eminent domain.
Approval_ of this resolution is recommended in order that the
CRA may còmmence proceedings to acquire the property. If you
have any questions, please call.
DNT:ci
Attachment
cc: Da n' Ii.:' nril.....,·.'yç..t.y Manager
Lula Butler, Director of Community Improvement
David Kovacs, Director of Planning and Zoning
Cheryl Leverett, Executive Assistant/City Clerk
expan.dnt
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Del ray Beach
MEMO TO: David Tokes, Attorney, City of Dclray Bcach
FROM: Christopher J. Brown, CRA Director
DATE: September 28, 1993
RE: City Ordinance Authorizing the CRA to Acquire a Certain Tract of
Land by Gift, Acquisition, or Imminent Domain~ Lots 5, 6, 7, 8, 9, & 10,
Block 53, Town of Linton; for Expansion of the Palm Beach Count)' Court
House, Delray Beach, Florida
Dear David:
We respectfully request that the City authorize the CRA to acquire the a[)o\"C mentioncd property
which is part of the final acquisition for the County's Courthouse expansion. I have enclosed a
copy of the recently amended Interlocal Agreement between the County. City, and CRA which
states that the CRA is to deliver the property on or before October 1. 199-+ to the County,
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Thank you for your assistance.
CJB
/d
Enclosure
cc: David Harden, City Manager
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207 E Atlantic Avenue, Delray Beach, FL 33444 (407) 276-8640 / Fax (407) 276-8558
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER trv1
SUBJECT: AGENDA ITEM it 9£ - MEETING OF OCTOBER 12. 1993
RESOLUTION NO. 96-93
DATE: October 7, 1993
This is a resolution amending Resolution No. 18-91 which established
the Kids and Cops Committee by amending the membership composition to
include a representative from MAD DADS.
Recommend approval of Resolution No. 96-93.
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______h..___ ~_._ ---- -
-------. ~----- --..- - - -_.- -_._----~--_. -- --------- _ -- _ . --..--- _ -,.----.----
RESOLUTION NO. 96-93
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 18-91
WHICH ESTABLISHED THE KIDS AND COPS COMMITTEE AS AN
ADVISORY BODY TO THE CITY COMMISSION, BY AMENDING
SECTION 2 OF SAID RESOLUTION TO ADD MEMBERSHIP
COMPOSITION RELATIVE TO REPRESENTATION FROM MAD DADS
PROVIDING AN EFFECTIVE DATE.
WHEREAS, at the regular meeting of March 13, 1991, the City
Commission of the City of Delray Beach, Florida, adopted Resolution No,
18-91, which established the Kids and Cops Committee as an advisory body
to the City Commission, and which further provided for such committee's
composition¡ and,
WHEREAS, since the adoption of Resolution No. 18-91, MAD DADS
(Men Against Destruction, Defending Against Drugs and Social Disorder)
was organized¡ and,
WHEREAS, pursuant to Section 2 of Resolution No. 18-91, it is
appropriate that said Kids and Cops Committee should include a
representative from MAD DADS, as designated.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 2 of Resolution No. 18-91 be, and the
same is amended by adding new subsection (H) to read as follows:
(H) A representative of MAD DADS, as designated.
Section 2. That this resolution shall become effective
immediately upon its passage.
PASSED AND ADOPTED in regular session on this 12th day of
October, 1993.
MAY 0 R
ATTEST:
Acting City Clerk
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Section 3. That the members of the said Kids and Cops
Committee shall serve two (2) year, staggered terms.
Section 4. That if a vacancy should occur on said Kids and
Cops Committee, said vacancy shall be filled by selection by the person
who selects members for each group, and the said selection shall serve
for the unexpired term of the member position which was vacant.
Section 5. That the City Commission of the City of Delray
Beach, Florida, shall have the authority to approve and ratify all
selections to membership on the Kids and Cops Committee, and the City
Commission shall have the authority to remove any member of the Kids and
Cops Committee from said position whenever a majority of the city
Commission votes for such a removal.
Section 6. That members of the Kids and Cops Committee may be
re-selected for one additional term so that no member of the Kids and
i Cops Committee shall serve more than two 2-year terms.
Section 7. That the Kids and Cops Committee shall hold
meetings on a regular basis at least once monthly, which meetings shall
be open to the public, minutes shall be kept of all such meetings,and
any special meetings, with copies of said minutes, and any other
reports, to be transmitted to the City Commission and the City Manager
of the City of Delray Beach, Florida.
Section 8. That the duties and responsibilities of the Kids
and Cops Committee shall be as follows:
(A) The Kids and Cops Committee will be responsible for
program development. The program will be implemented by
the Delray Beach Police Department under the guidance of
the Kids and Cops Committee.
(B) Program activities will include educational activities,
field trips, counseling, special events, and athletic
activities.
(C) Through selected program activities, the Committee's
duties will be to strengthen the relationship between the
local youth of our community and members of the Delray
Beach Police Department.
(D) The emphasis of the program will be to instill upon the
local youth of our community methods of improving their
quality of life by discussing such topics as education,
personal responsibility, building self-esteem,
consequences and alternatives to crime and drugs.
Section 9. That staffing for program activities will consist
of volunteer Police Officers numbering no more than ten (10) officers
~uring anyone time. Assignments will be made in conjunction with
lndividual interests and endorsed by the Kids and Cops Committee. These
officers will serve as role models, instructors an counselors to the
youth representative involved in the program.
Officers will be selected through a process established by the Chief of
Police or his designee. Compensation will be in the form of
compensatory time at the rate of 1-1/2 hours for each hour worked with a
maximum of five (5) hours per week for any officer. Hours worked in a
shift will be considered work related time.
-2- Res. No. 18-91
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RESOLUTION NO. 30-93
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO.
18-91, WHICH ESTABLISHED THE KIDS AND COPS
COMMITTEE AS AN ADVISORY BODY TO THE CITY
COMMISSION, BY AMENDING SECTION 2 OF SAID
RESOLUTION TO CLARIFY MEMBERSHIP COMPOSITION
RELATIVE TO REPRESENTATION FROM THE RECOGNI ZED
BARGAINING UNIT FOR THE POLICE DEPARTMENT;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, at the regular meeting of March 13, 1991, the
City Commission of the City of Delray Beach, Florida, adopted
Resolution No. 18-91, which established the Kida and Cops Committee
as an advisory body to the City Commission, and which further
provided for such committee's composition; and,
WHEREAS, pursuant to Section 2 of said Resolution No.
18-91, one of the appointees to the committee was to be a
representative of the Fraternal Order of Police (FOP) , as designated
by the President of the FOP; and,
WHEREAS, since the adoption of Resolution No. 18-91, a
change has occurred with respect .to the recognized bargaining unit
for certain Police Department personnel, and it is appropriate that
this change be reflected by amendment to the original resolution.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 2, Subsection (C) , of Resolution
No. 18-91 be, and the same is hereby amended to read as follows:
(C) A representative of the ttátétnál//Øtdét//~t
'~ll.¢é/ I.tø,y recognized bargaining agent for
certain Police Department personnel, as
designated by the President of the tø,
recognized bargaining agent;
Section 2. That this resolution shall become effective
immediately upon its passage.
PASSED AND ADOPTED in regular session on this the 23rd day
of March, 1993.
~~~
, MAYð'R
ATTEST:
(jt~·iYYJ~f1, kj~ J.hih¡
C~ty erk
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M E M 0 RAN DUM
TO: Mayor and City Commission
FROM: David T. Harden fØ'/
City Manager
SUBJECT: Resolution #98-93 authorizing the issuance not to exceed
$610,000 in aggregate principal amount of Utility Tax Notes,
Subordinate Series 1993
DATE: October 7, 1993
The purpose of this Resolution is to authorize $610,000 pursuant to a current
line of credit with Sun Bank/South Florida, N.A. for the purpose of providing
short term financing of the Tennis Center Phase II not to exceed $400,000,
Pompey Park Improvements not to exceed $200,000 and issuance costs not to exceed
$10,000.
Recommend authorization of Resolution #98-93.
DTH/rso/slh
cc: Joseph M. Safford, Director of Finance
Rebecca S. O'Connor, Treasurer
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MUDGE ROSE GUTHRIE ALEXANDER & FERDON
180 MAIOEN LANE SUITE 900, NORTHBRIDGE CENTRE 2121 K STREET. N.W.
NEW YORK, NEW YORK 10038-4996 WASHINGTON, D. C. 20037-1898
212-510-7000 S I S NORTH FLAGLER DRIVE 202-429-9355
- -
630 FIFTH AVENUE WEST PALM BEACH, FLORIDA 33401-4334 2 I ST FLOOR
SUITE 1650 333 SOUTH GRAND AVENUE
NEW YORK, N. Y. 10111-0144 - LOS ANGELES, CALIF. 90071-1525
212-332-1600 407-650-8100 213-61.3-1/ 12
- -
MORRIS CORPORATE CENTER TWO - 12, RUE DE LA PAIX
ONE UPPER POND ROAD 8LDG. 0 FACSIMILE: 407-833-1722 75002. PARIS. FRANCE
PARSIPPANY, NEW JERSEY 07054-1075 TELEX: WU 514847 (I) 42. 61. 57. 71
201-335-0004 -
TORANOMON 37 MORI BUILDING
5-1 TORANOMON 3-CHOME, MINATO-KU
TOKYO 105, JAPAN
October 7, 1993 (03) 3437-2861
Becky O'Connor, Treasurer
City of Delray Beach, Florida
100 N.W. 1st Avenue
Delray Beach, Florida 33444
utilities Tax Revenue Notes
Subordinate Series 1993
Dear Ms. O'Connor:
Steve thought that because Alison had her baby it would
be better to send all ten copies of the resolution to you and that
you would know what to do with them.
If you have any questions, please do not hesitate to call
me.
~U1Y yours,
//~'L ~
~ Edna M. Ianni
Secretary to Mr. Sanford
Encs.
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RESOLUTION NO. 98-93
.
A RESOLUTION OF THE CITY COKKISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AUTHORIZING THE ISSUANCE OF NOT TO EXCEED
$610,000 IN AGGREGATE PRINCIPAL AMOUNT OF UTILITIES TAX
REVDJUE NOTES, SUBORDINATE SERIES 1993, OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO A LINE OF CREDIT MADB AVAILABLE
THROUGH SUB BAH'fC./SOUTH FLORIDA, N.A. , FOR THB PURPOSE OF
PROVIDING SHORT TERM FINANCING FOR THB COSTS OF TEHNIS COURTS
AND RELATED FACILITIES, THE REHABILITATION AND RECONSTRUCTION
OF POMPEY PARK POOL AND TO PAY THE COSTS OF ISSUANCE THEREOF;
PROVIDING FOR THE TERMS AND PAYMENT OF SAID UTILITIES TAX
REVENUE NOTES, SUBORDINATB SERIES 1993, AND THE RIGHTS,
REKEDIES AND SECURITY OF THE OWNERS THEREOF; MAltING CERTAIN
COVENANTS RELATING TO THE ISSUANCE OF SAID UTILITIES TAX
REVENUE NOTES, SUBORDINATE SERIES 1993; AUTHORIZING THB PROPER
OFFICERS OF THE CITY TO DO ALL OTHER THINGS DE EKED NECESSARY
OR ADVISABLE IN COHNECTION WITH THE ISSUANCE OF SAID NOTES;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach,
Florida (the "City Commission"), has determined that it is in the
best interest of the City of Delray Beach, Florida (the "City"), to
provide short term financing of the Projects (as such term is
defined below);
WHEREAS, the City has determined that it is necessary to
authorize the issuance of not to exceed $610,000 aggregate
principal amount of city of Delray Beach, Florida, utilities Tax
Revenue Notes, Subordinate Series 1993 (the "Notes"), for the
purpose of financing the costs of construction, acquisition and
equipping of the Projects;
WHEREAS, the Notes shall be secured by a pledge of and
lien on the proceeds of the utilities Tax (as defined below) ,
subject and subordinate in all respects to the pledge of and lien
on such utilities Tax proceeds for the payment of the outstanding
Bonds (as such term is defined below);
WHEREAS, the Notes will be issued on par i ty with the
city's outstanding utilities tax Revenue Notes, Subordinate Series
1992 (herein, the "Prior Notes");
WHEREAS, in light of present market conditions and the
immediate need to finance the Projects, the City commission
determines it would be in the best interest of the City to sell the
Notes to SunBank/South Florida, N.A. (the "Bank"), on a negotiated
basis; and
C:\DA TA \DELRA Y\MA 1T .36\RESO. V2 Res. No. 98-93
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WHEREAS, pursuant to that certain Agreement Regarding
Line of Credit, dated as of October 1, 1993 (the "Line of Credit
Agreement") , by and between the Bank and the City, the Bank has
agreed to make available to the City a closed-end line of credit in
the aggregate principal amount of not exceeding $610,000 (the "Line
of Credit").
HOW, THEREFORE, be it resolved by the City Commission of
the City of Delray Beach, Florida, as follows:
C:\DA TA \DELRA Y\MA Tf.36\RESO. V2 2 Res. No. 98-93
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ARTICLE I
STATUTORY AUTHORITY; FINDINGS AND DEFINITIONS
SECTION 1. 1. AUTHORITY FOR TRIS RESOLUTION. This
Resolution is adopted pursuant to the provisions of the Charter of
the City of Delray Beach, Florida, as amended and supplemented, the
Florida Constitution, chapter 166, Florida statutes, as amended and
supplemented, and other applicable provisions of law (collectively,
the "Act").
SECTION 1.2. FINDINGS. It is hereby ascertained,
determined and declared:
A. That the City hereby authorizes the following capital
projects and the financing and refinancing of such capital projects
subject to specific final approval by the City commission of each
component set forth as follows: (i) the acquisition, construction
and equipping of phase II Delray Beach Tennis Center, including the
construction of the tennis courts, landsçaping and irrigation,
electrical, plumbing, paving, drainage, site furniture and related
and incidental costs thereto in an amount not to exceed $400,000;
(ii) the rehabilitation and reconstruction of the City's Pompey
Park Pool, including engineering costs and other related and
incidental costs thereto in an amount not to exceed $200,000; (iii)
certain infrastructure improvements and all other costs and
expenses associated therewith, as more fully set forth in Sec-
tion 1.2.G. hereof, including the costs of issuing the Notes; and
(iv) any other capital project permitted under the Act, provided
that Bond Counsel shall first deliver to the City and the Bank an
opinion to the effect that the substitution of Projects will not
adversely affect the exclusion of interest on the Notes from gross
income for Federal income tax purposes (collectively, the "Pro-
jects"). Such projects may be initially financed from all or a
part of the proceeds derived from the Notes issued pursuant to this
Resolution, all in accordance with plans and specifications filed
or to be filed with and approved or to be approved by the City
commission.
B. That it is necessary and essential to construct and
acquire the Projects in order to preserve and promote the safety
and welfare of the citizens of the City and that such Projects will
be in the best economic interest of the city.
C. That the Projects will serve valid municipal
purposes.
D. That the City has heretofore issued and has now
outstanding $13,405,000,000 principal amount of utilities Tax
Revenue Refunding and Improvement Bonds, Series 1992 (the "1992
Bonds"), issued under the Original Resolution (as herein defined).
C:\DATA\DBLRAY\MATL36\RESO,V2 3 Res. No. 98-93
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E. That, pursuant to proceedings heretofore adopted, the
City has been levying a tax on the purchase of certain utilities
services (the "utilities Tax"), the proceeds of which tax are not
pledged or encumbered, in whole or in part, in any manner or for
any purpose other than for the payment of the outstanding Bonds and
the Prior Notes (as such terms are herein defined).
F. That the lien of the Notes authorized herein on the
proceeds of the utilities Tax, when issued, shall be junior and
subordinate, as to the lien of the outstanding Bonds on the
utilities Tax proceeds and in all other respects to the pledge and
lien granted to the outstanding Bonds.
G. That the cost of the Projects shall be deemed to
include, but not be limited to, the cost of construction and
improvements, the cost of real estate, including easements and
other interests therein, or any other property real or personal,
necessary therefor; administrative expenses; engineering and legal
expenses; expenses for fiscal agents or financial services; the
fees and expenses of Bond Counsel; expense~ for estimates of costs
and of utilities Tax proceeds; expenses for plans, specifications
and surveys; and such other expenses as may be necessary or
incidental to the projects and the issuance of the Notes herein
authorized.
H. That the principal of and interest on the Notes shall
be secured solely by and paid from the Pledged Revenues (as defined
herein); and the ad valorem taxing power of the city will never be
necessary or authorized to pay the principal of and interest on the
Notes, and the Notes issued pursuant to this Resolution shall not
constitute a lien upon any other property whatsoever of or in the
City.
I. That the Notes shall be issued on parity with the
Prior Notes.
J. That a negotiated sale of the Notes to the Bank is in
the best interest of the City by reason of the nature of and
schedule for the contemplated projects and by virtue of the fact
that the Notes will not be rated or credit enhanced.
K. That the Line of Credit Agreement, in the form
attached hereto as Exhibit B, is hereby approved, wi th such
omissions, insertions and variations as may be necessary and
desirable, as evidenced by the City's execution thereof and the
Mayor and city Clerk are hereby authorized to execute the same on
behalf of the city.
L. That the City hereby determines and certifies to the
Bank that it shall satisfy the requirements of section 3.8 of the
Prior Resolution prior to the issuance of the Notes.
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SECTION 1.3. DEFINITIONS. That, in addition to terms
defined elsewhere in this Resolution, the following terms shall
have the following meanings unless the context otherwise clearly
requires:
A. "Act" shall mean the Florida constitution, Chapter
166, Florida statutes, as amended and supplemented, the Charter of
the City of Delray Beach, Florida, as amended and supplemented, and
other applicable provisions of the law.
B. "Assumed Amortization" shall mean only for purposes
of the additional obligation test set forth in section 3.8 of this
Resolution, that principal on the outstanding balance of the Notes
shall be payable on each Interest Payment Date in equal install-
ments with a fifteen year term.
C. "Authorized Investments" shall mean any of the
following:
(a) U.S. Obligations;
(b) bonds, debentures, notes or other evidences of
indebtedness payable in cash issued by anyone or a
combination of any of the following federal agencies:
Farmer's Home Administration, Federal Housing Administra-
tion, Maritime Administration, Public Housing Authority,
Government National Mortgage Association;
(c) the following investments fully insured by the
Federal Deposit Insurance Corporation ("FDIC") (i)
certificates of deposit, (ii) savings account, (iii)
deposit accounts, or (iv) depository receipts of a bank,
savings and loan associations and mutual savings bank;
(d) certificates of deposit, either in excess of
FDIC insurance or without FDIC insurance, properly
secured at all times, by collateral security described in
clause (a) and (b) above or secured as required for a
"qualified public depository" under the Florida Security
for Public Deposits Act, being Chapter 280, Florida
Statutes, as amended, or any successor statute. Such
agreements are only acceptable with commercial banks,
savings and loan associations and mutual savings banks or
other "qualified public depository";
(e) commercial paper rated in one of the two highest
rating categories by at least two nationally recognized
rating agencies or commercial paper backed by a letter of
credit or line of credit rated in one of the two highest
rating categories;
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(f) written repurchase agreements with any bank,
savings institution or trust company which is insured by
the FDIC or with any broker dealer with retail customers
which falls under Securities Investors Protection
corporation protection, provided that such repurchase
agreements are fully secured by collateral security
described in clause (a) above, and provided further that
(i) such collateral is held by the City or any agent
acting solely for the City during the term of such
repurchase agreement, (ii) such collateral is not subject
to lien or claims of third parties, (iii) such collateral
has a market value(determined at least once every 14
days) at least equal to the amount invested in the
repurchase agreement, (iv) the City has a perfected first
security interest in the collateral, (v) the agreement
shall be for a term not longer than 270 days, and (vi)
the failure to maintain such collateral at the level
required in (iii) above will require the City to liqui-
date the collateral;
(g) money market funds rated in the highest rating
category of either Standard & Poor's Corporation or
Moody's Investors Service, or any successor thereto; and
(h) investments in the Local Government Surplus
Funds Trust Fund established pursuant to Part IV of
Chapter 218, Florida Statutes, as amended, or any
successor trust fund established for the investment of
surplus municipal funds.
D. "Bank" shall mean Sun Bank/South Florida, N.A., the
initial Noteholder.
E. "Bond Counsel" shall mean Mudge Rose Guthrie
Alexander & Ferdon or any other firm of nationally recognized bond
counsel selected by the city.
F. "City" shall mean the City of Delray Beach, Florida,
a municipal corporation in the County of Palm Beach, State of
Florida, and its successors and assigns.
G. "City Commission.... shall mean the duly constituted
governing body of the City.
H. "Code" shall mean the Internal Revenue Code of 1986,
as amended, the applicable Treasury Regulations promulgated there-
under and any administrative or judicial interpretations of the
same published in a form on which the City may rely as a matter of
law.
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r. "Debt Service Fund" shall mean the Delray Beach
Subordinate Note Debt Service Fund, created and established
pursuant to the Prior Resolution and continued and maintained under
this Resolution, and which is the fund in which the proceeds of the
utilities Tax shall be deposited by the city for the payment of the
Notes and Prior Notes in accordance with the provisions hereof and
in the Prior Resolution.
J. "Defeasance Obligations" shall mean, to the extent
permitted by law, the following securities:
(a) u.S. obligations;
(b) Any bonds or other obligations of any state of
the united States of America or of any agency, instrumen-
tality 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
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
the principal of and interest on the bonds and obliga-
tions 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) to and including the maturity date or dates
thereof or to and including 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
(including participation certificates), Federal Financing
Banks, or any other agency or instrumentali ty of the
united States of America created by an act of Congress
provided that the obligations of such agency or instru-
mentality 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 inter-
ests in future interest and principal payments on
obligations described in (a) held by a bank or trust
company as custodian.
K. "Interest Rate" shall mean the rate of interest on
the Notes which, when calculated on an actual 365/366-day year
basis, shall be equal to four and thirty-five hundredths percent
(4.35%) per annum.
L. "Maturity Date" shall mean, with respect to the
unpaid principal of and interest on the Notes, December 1, 1994.
M. "1992 Bonds" shall mean the outstanding utilities Tax
Revenue Refunding and Improvement Bonds, Series 1992, authorized by
the Original Resolution.
N. "Notes" shall mean the not to exceed $610,000
aggregate principal amount of utilities Tax Revenue Notes,
Subordinate Series 1992, authorized by this Resolution.
O. "Noteholder" or "Owner" or "Holder" or any similar
term shall mean any person who shall be the registered owner of any
Note or Notes outstanding under this Resolution.
P. "Original Resolution" shall mean Resolution No.
98-91, adopted by the City commission on December 3, 1991, as
amended and supplemented by Resolution No. 18-92, adopted by the
City commission on January 23, 1992, authorizing the issuance of
the 1992 Bonds.
Q. "outstanding Bonds" shall mean the 1992 Bonds and any
additional parity obligations issued pursuant to the Original
Resolution.
R. "Paying Agent" shall mean the City's Finance
Department or, if the City Commission shall so determine by
subsequent proceeding, any bank or trust company and any successor
bank or trust company appointed by the City to act as Paying Agent
hereunder.
S. "Payment Date" shall mean each June 1 and December 1
commencing June 1, 1994, including the Maturity Date or any date
the principal of the Notes is optionally prepaid in whole or in
part.
T. "Pledged Revenues" shall mean all moneys on deposit
in the Debt Service Fund derived from the proceeds of the utilities
Tax required to be deposited therein each month after the deposits
required by Article III, section 4.D of the original Resolution
have been made by the City, subject to the prior lien on such
moneys for the payment of the Outstanding Bonds.
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u. "Prime Rate" shall mean the annual interest rate
announced by SunBanks, Inc., from time to time, as its "prime rate"
which interest rate is only a bench mark, is purely discretionary
and is not necessarily the best or lowest interest rate charged
borrowing customers of any subsidiary bank of SunBanks, Inc.
v. "Prior Notes" shall mean the City's outstanding
utilities Tax Revenue Notes, Subordinate Series 1992, issued
pursuant to the terms and provisions of the Prior Resolution.
w. "Prior Resolution" shall mean Resolution No. 116-92,
adopted by the City commission on October 13, 1992, as amended and
supplemented by Resolution No. 118-92, adopted by the City
commission on October 20, 1992, which resolutions authorized the
issuance of the Prior Notes.
X. "Registrar" shall mean the City's Finance Department
or, if the City Commission shall so determine by subsequent
proceeding, any bank or trust company and any successor bank or
rust company appointed by the City to act as Registrar hereunder.
Y. "Resolution" shall mean this Resolution as the same
may from time to time be amended and supplemented in accordance
with the terms hereof.
Z. "Tax certificate" shall mean the Tax Certificate as
to Arbitrage and the provisions of Section 141 through 150 of the
Internal Revenue Code of 1986 executed by the City on the date of
the first drawing.
AA. "u. S. Obligations" shall mean the direct obliga-
tions of, or obligations on which the timely payment of principal
and interest are unconditionally guaranteed by the united States of
America, and, if determined by subsequent proceedings of the City
Commission, certificates which evidence ownership of the right to
the payment of the principal of, or interest on, such obligations.
BB. "Utilities Tax" shall mean the tax imposed by the
City on each and every purchase in the City of electricity, metered
and bottled gas (natural liquified petroleum gas or manufactured)
and telecommunication services. Said term shall also apply to all
taxes imposed by the City on the purchase of utility services,
whether levied in the amounts prescribed by the utilities Tax
Ordinance or in any other amounts and whether imposed on the
purchase of the same utilities services or any other or additional
utilities services, either by amendment to the utilities Tax
Ordinance or otherwise.
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CC. "utilities Tax Ordinance" shall mean all proceedings
imposing the utilities Tax, including Ordinance No. 535 of the city
adopted on July 9, 1945, as amended, and every supplementary
ordinance or other ordinance in lieu thereof as may hereafter be
adopted.
Words importing singular number shall include the plural
number and vice versa, as the case may be, and words importing
persons shall include firms and corporations.
SECTI:ON 1. .. . RESOLUTI:ON CONSTI:TUTES CONTRACT. In
consideration of the acceptance of the Notes authorized to be
issued hereunder by those who shall own the same from time to time,
this Resolution shall be deemed to be and shall consti tute a
contract between the City and the Noteholder and the covenants and
agreements herein and therein set forth to be performed by said
City shall be for the benefit, protection and security of the
Noteholder.
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ARTICLE II
AUTHORIZATION, TERMS, EXECUTION AND REGISTRATION OP NOTES
SECTION 2.1. AUTHORIZATION OF NOTES. Subj ect and
pursuant to the provisions of this Resolution, obligations of the
City of Delray Beach, Florida, to be known as "utilities Tax
Revenue Notes, Subordinate Series 1993" are hereby authorized to be
issued in the aggregate principal amount of not exceeding six
Hundred Ten Thousand Dollars ($610,000) for the purpose of
providing short term financing for the costs of the Projects.
SECTION 2.2. DESCRIPTION OF NOTES. The text of the
Notes shall be substantially in the form attached hereto as Exhibit
A with such omissions, insertions and variations as may be
necessary and desirable, as evidenced by the ci ty' s execution
thereof.
The Notes (initially issued in one (1) typewritten
certificate) shall be dated the date of the_first drawing. Except
as otherwise provided in section 2.8 hereof, the Notes shall bear
interest on the outstanding principal amount of the Notes from time
to time at the Interest Rate and shall be payable on each Payment
Date, commencing June 1, 1994. The principal of the Notes and all
accrued and unpaid interest on the Notes shall be payable on the
Maturity Date. The Notes shall be issued in registered form.
Principal and interest shall be payable at the office of
the Paying Agent (the designated corporate trust office of the
Paying Agent if the City's Finance Department is not the Paying
Agent) . The Notes shall be numbered in such manner as may be
prescribed by the Registrar.
The Notes shall be payable, with respect to interest and
principal, in any coin or currency of the United States of America
which at the time of payment is legal tender for the payment of
public and private debts.
The city may prepay the Notes in whole or in part, at any
time or from time to time, without penalty or premium, by paying to
the registered holder all or part of the principal amount of the
Notes, together with the unpaid interest accrued on the amount of
principal so prepaid to the date of such prepayment. Each
prepayment shall be made on such date and in such principal amount
as shall be specified by the City in a written notice delivered to
the registered owner not less than two (2) business days prior
thereto. Notice having been given as aforesaid, the principal
amount stated in such notice or the whole thereof, as the case may
be, shall become due and payable on the prepayment date stated in
such notice, together with interest accrued and unpaid to the
prepayment date on the principal amount then being paid; and the
amount of principal and interest then due and payable shall be paid
C:\DATA\DELRAY\MATI.36\RESO.V2 11 Res. No. 98-93
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(i) in case the entire unpaid balance of the principal of the Notes
is to be paid, upon presentation and surrender of the Note or Notes
to the office of the Paying Agent (designated corporate trust
office, if the paying Agent is not the city's Finance Department),
and (ii) in case only part of the unpaid balance of principal of
the Notes is to be paid, upon presentation of such Note or Notes at
the office of the Paying Agent (designated corporate trust office,
if the Paying Agent is not the City's Finance Department) for
notation thereon of the amount of principal and interest on the
Notes then paid or for issuance of a replacement Note in the
principal amount not redeemed. Notwithstanding the provisions of
clause (ii) above, if all of the Notes are registered in the name
of the Bank, a partial prepayment may be effected by payment to the
Bank of the principal and interest then due without surrender of
the Notes; such payment to be evidenced by notation by the Bank and
the City on the marking grid on the Notes which may be separated
therefrom for such purpose. If, on the prepayment date, funds for
the payment of the principal amount to be prepaid, together with
interest to the prepayment date on such principal amount, shall
have been provided to the Paying Agent, _as above provided, then
from and after the prepayment date interest on such principal
amount of the Notes shall cease to accrue. If said funds shall not
have been so paid on the prepayment date, the principal amount of
the Notes shall continue to bear interest until payment thereof at
the Interest Rate.
SECTION 2.3. EXECUTION OF THE NOTES. The Notes shall be
executed in the name of the City by the signature of the Mayor of
the City and its official seal shall be affixed thereto or
imprinted or reproduced thereon and attested by the City Clerk.
The signatures of the Mayor of the City and City Clerk on the Notes
may be manual or facsimile signatures. In case anyone or more of
the officers who shall have signed or sealed the Notes shall cease
to be such officer of the City before the Notes so signed and
sealed shall have been actually sold and delivered, such Notes may
nevertheless be sold and delivered as herein provided and may be
issued as if the person who signed or sealed such Notes had not
ceased to hold such office. The Notes may be signed and sealed on
behalf of the City by such person who at the actual time of the
execution of the Notes shall hold the proper office, although at
the date the Notes shall be actually delivered such person may not
have held such office or may not have been so authorized.
The Notes shall bear thereon a certificate of authentica-
tion, in the form set forth on Exhibit A attached hereto, executed
manually by the Registrar (when the City's Finance Department shall
act as Registrar, the certificate of authentication shall be
manually executed by the city's Finance Director). Only the Notes
as shall bear thereon such certificate of authentication shall be
entitled to any right or benefit under this Resolution and no Notes
shall be valid or obligatory for any purpose until such certificate
of authentication shall have been duly executed by the Registrar.
C:\DATA\DELRAY\MA'IT.36\RESO,V2 12 Res. No. 98-93
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The certificate of authentication of the Registrar upon the Notes
executed on behalf of the City shall be conclusive evidence that
the Notes so authenticated have been duly authenticated and
delivered under this Resolution and that the Owner thereof is
entitled to the benefits of this Resolution.
SECTION 2.". NEGOTIABILITY, REGISTRATION AND CANCEL-
LATION. The Registrar shall keep books for the registration of
the Notes and for the registration of transfers of the Notes. The
Notes shall be transferable at the option of the registered Owner
thereof, but subject to the prior written approval of the City's
Director of Finance (which shall not be withheld if the intended
transferee provides a suitability letter addressed to the City as
to the sophistication of the investor), and upon surrender thereof
at the office of the Registrar (the designated corporate trust
office of the Registrar if the City's Finance Department is not the
Registrar) with a written instrument of transfer satisfactory to
the Registrar duly executed by the registered Owner or his duly
authorized attorney. Upon the transfer of such Note, the city
shall issue in the name of the transferee a new Note.
The city, the Paying Agent and the Registrar shall deem
and treat the person in whose name the Notes shall be registered
upon the books kept by the Registrar as the absolute Owner of such
Notes, whether such Notes shall be overdue or not, for the purpose
of receiving payment of, or on account of, the principal of and
interest on such Notes as the same become due and for all other
purposes. All such payments so made to any such Owner or upon
his/her order shall be valid and effectual to satisfy and discharge
the liability upon such Notes to the extent of the sum or sums so
paid, and neither the City, the Paying Agent nor the Registrar
shall be affected by any notice to the contrary.
In all cases in which the privilege of transferring the
Notes is exercised, the City shall execute and the Registrar shall
authenticate and deliver the Notes in accordance with the provi-
sions of this Resolution. The Notes surrendered in any such
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 transfer of the Note, but the City
or the Registrar (if not the City's Finance Department) may require
the payment of a sum sufficient to pay any tax, fee or other
governmental charges required to be paid with respect to such
transfer.
The Notes paid or redeemed, in whole, either at or before
maturity, shall be delivered to the Registrar when the payment or
redemption is made, and such Notes shall thereupon be promptly
cancelled. The Notes 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 Notes, and one executed certificate shall be filed
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with the City and the other executed certificate shall be retained
by the Registrar.
SEC'1'XON 2. 5 . KU'1'XLATED, DESTROYED, STOLEN OR LOS'1' NOTES.
In case any Note shall become mutilated, destroyed, stolen or lost,
the City may execute and the Registrar shall authenticate and
deliver a new Note of like date, maturity and denomination as the
Note so mutilated, destroyed, stolen or lost; provided that, in the
case of any mutilated Note, such mutilated Note shall first be
surrendered to the City and, in the case of any lost, stolen or
destroyed Note, there shall first be furnished to the City and the
Registrar (if not the City's Finance Department) evidence of such
loss, theft, or destruction satisfactory to the ci ty and the
Registrar, together with indemnity satisfactory to them. In the
event the Note shall be about to mature or have matured, instead of
issuing a duplicate Note, the City may pay the same without
surrender thereof. The City and the Registrar (if not the City's
Finance Department) may charge the Owner of such Note their
reasonable fees and expenses in connection with this transaction.
Any Note surrendered for replacement shall be cancelled in the same
manner as provided in Section 2.4 hereof.
Any such duplicate Note issued pursuant to this Section
shall constitute additional contractual obligations on the part of
the City, whether or not the lost, stolen or destroyed Note be at
any time found by anyone, and such duplicate Note shall be entitled
to equal proportionate benefits and rights as to lien on the source
and security for payment from Pledged Revenues with the Note issued
hereunder.
SECTION 2.6. CONDITIONS FOR DRAWING UNDER THE LINE OF
CREDIT AND ISSUANCE OF THE NOTE. In connection with a drawing
under the Line of Credit (a "Drawing") the following conditions
will apply:
A. Except in the case of the initial Drawing, written
notice (signed by the City Manager, Finance Director or Treasurer
of the City) of the City's intention to make a Drawing at least two
(2) business days prior to the date specified for such Drawing
(such notice shall confirm that the City is in compliance with the
covenants set forth in section 3.4 hereof, section 3.8 of the Prior
Resolution, and that the use of moneys from a Drawing will be in
compliance with Section 3.6 hereof); and
B. Only with respect to the first Drawing, a fully
executed Tax Certificate, dated as of the date of such Drawing; and
C. Only with respect to the first Drawing, a copy of a
completed and executed Form 8038-G to be filed with the Internal
Revenue Service; and
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D. Only with respect to the first Drawing, an Opinion of
Bond Counsel, satisfactory to the Noteholder, regarding the due
authorization, execution, delivery, validity and enforceability of
the Notes and the due adoption of this Resolution and the Original
Resolution (enforceability of such instruments may be subject to
standard bankruptcy exceptions and the like) and the exclusion of
interest on the Notes from gross income for Federal income tax
purposes, that the Notes are not specified "private activity bonds"
within the meaning of section 57 (a) (5) of the Code and, therefore,
the interest on the Notes will not be treated as a preference item
for purposes of computing the alternative minimum tax imposed by
section 55 of the Code (however, a portion of the interest on the
Notes owned by corporations may be subject to the Federal alterna-
tive minimum tax which is based in part on adjusted current
earnings); and
E. Only with respect to the first Drawing, an opinion of
the city Attorney, satisfactory to the Noteholder, regarding the
due authorization, execution, delivery, validity and enforceability
of the Notes and the due adoption of this Resolution and the
original Resolution (enforceability may be subject to standard
bankruptcy exceptions and the like).
F. with respect to the First Drawing, a general
certificate of the City in form satisfactory to the Bank.
SECTION 2.7. GRID NOTATION. With respect to Drawings on
the Line of Credit and repayments, in part thereof, the City and
the Bank shall make the appropriate notations on the "Grid"
attached to the Note which may be separated therefrom for such
purpose.
SECTION 2.8. INTEREST RATE ADJUSTMENT. If the interest
on the Notes while registered in the name of the Bank becomes
includable in the gross income of the Bank for Federal income tax
purposes as determined in the manner set forth below (herein a
"Determination of Taxability") the interest rate on the Notes shall
be adjusted so that the Notes shall bear interest at the Prime
Rate. A Determination of Taxability shall have deemed to occur
when (i) the Bank has been advised in writing by the Internal
Revenue Service that the interest payable on the Notes must be
includable in the gross income of the Bank for Federal income tax
purposes or (ii) the entry by a court of a final judgment or order
or the promulgation by the Internal Revenue Service of a final
ruling or decision, in either such case to the effect that the
interest on the Notes is includable for Federal income tax purposes
in the gross income of the Bank.
A Determination of Taxability shall not include inclusion
of interest on any Note in the income of the Bank for purposes of
any alternative minimum tax, environmental tax or branch profits
tax.
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In the case of (i) above, no Determination of Taxability
shall be deemed to occur unless the City has been given timely
written notice by the Bank of such determination by the Internal
Revenue Service and an opportunity to participate in and seek at
its own expense, a final administrative determination or determina-
tion by a court of competent jurisdiction (from which no further
right of appeal exists) as to the existence of such Determination
of Taxability; provided that the city, at its own expense, delivers
to the Bank an opinion of Bond Counsel acceptable to the Bank to
the effect that such appeal or action for jUdicial or administra-
tive review is not without merit and there is a reasonable
possibility that the judgment, order, ruling or decision from which
such appeal or action for jUdicial or administrative review is
taken will be reversed, vacated or otherwise set aside.
In the event of a Determination of Taxability, the City
covenants that it shall also pay any additions to tax or penalties,
resulting from the interest on the Notes being includable in the
Bank's gross income for Federal income tax purposes, and any
arrears in interest resulting from such De~ermination of Taxabili-
ty. Any such additional amounts (established to the satisfaction
of the city) shall be payable by the City to the Bank on the next
succeeding Payment Date or, if such amounts become payable after
the Maturity Date of the Notes within 60 days of the date the City
is notified by the Bank that such amounts are due.
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ARTICLE III
COVENANTS, FUNDS AND APPLICATION THEREOF
SECTION 3.1. NOTES NOT TO BE INDEBTEDNESS OF THE CITY.
The Notes shall not be or constitute an indebtedness of the City
within the meaning of any constitutional, statutory or other
limitation of indebtedness, but shall be secured solely by and
payable from the Pledged Revenues. No Noteholder shall ever have
the right to compel the exercise of the ad valorem taxing power of
the City, or taxation in any form of any real property therein, to
pay said Notes or the interest thereon. The pledge of the Pledged
Revenues will not constitute a lien upon any property of the city.
SECTION 3.2. NOTES JUNIOR AND SUBORDINATE TO OUTSTANDING
BONDS. The lien of the Notes on the Pledged Revenues shall be
junior and subordinate, as to the lien of the outstanding Bonds on
the utilities Tax proceeds and in all other respects, to the pledge
and lien granted to the outstanding Bonds.
SECTION 3.3. NOTES SECURED BY PLEDGE OF PLEDGED
REVENUES. From and after the issuance of any of the Notes, and
continuing until the payment of all Notes as to principal and
interest, the Pledged Revenues shall continue to be pledged,
subject to the prior lien with respect to the utilities Tax
proceeds set forth in section 3.2, for the prompt payment of
principal of and interest on said Notes. The Notes shall be issued
on parity in all respects with the City's outstanding Prior Notes.
SECTION 3.4. COVENANTS OF THE CITY. As long as any of
the principal of or interest on any of the Notes shall be outstand-
ing and unpaid, or until there shall have been set apart in the
Debt Service Fund in accordance with Section 3.7 hereof a sum
sufficient to pay, when due, the entire principal of the Notes
remaining unpaid, together with interest accrued and to accrue
thereon, the city covenants with the Noteholder as follows:
A. Tax Covenants Relating to the Internal Revenue Code
of 1986, as amended. ( 1) In order to maintain the exclusion from
gross income for purposes of Federal income taxation of interest on
the Notes, the city covenants to comply with each requirement of
the Code. In furtherance of the covenant contained in the
preceding sentence, the City agrees to continually comply with the
provisions of the "Tax Certif icate as to Arbitrage and Instructions
as to Compliance with the provisions of section 103(a) of the
Internal Revenue Code of 1986, as amended" to be executed by the
City and delivered on the date of issuance and del i very of the
Notes, as such certificate may be amended from time to time, as a
source of guidance for aChieving compliance with the Code.
(2) The City covenants and agrees with the Noteholders
that the city shall not take any action or omit to take any action,
C:\DA T A \DELRA Y\MA 1T 36\RESO. V2 17 Res. No. 98-93
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which action or omission, if reasonably expected on the date of
initial issuance and delivery of the Notes, would cause any of the
Notes to be "private activity bonds" or "arbitrage bonds" within
the meaning of Sections 141{a) and 148{a), respectively, of the
Code.
(3) The City shall make any and all payments required to
be made to the Uni ted States Department of the Treasury in
connection with the Notes pursuant to section 148{f) of the Code.
(4) Notwithstanding any other provision of this
Resolution to the contrary, as long as necessary in order to
maintain the exclusion from gross income for purposes of Federal
income taxation of interest on the Notes, the covenants contained
in this Section shall survive the payment of the Notes and the
interest thereon, including any payment or discharge thereof
pursuant to Section 3.7 of this Resolution.
B. continuation of Debt Service Fund. There was created
and established under the Prior Resolution the following fund
entitled the "Delray Beach Subordinate Note Debt Service Fund"
(hereinafter referred to as the "Debt Service Fund"). Such Debt
Service Fund shall be continued and maintained for the purpose of
paying the Notes. The Debt Service Fund shall constitute a trust
fund for the benefit of the Noteholder and shall be held by the
City and shall be kept separate and distinct from all other funds
of the City, and shall be used only for the purpose and in the
manner provided in the Prior Resolution and in this Resolution.
Notwithstanding the provisions of the next preceding sentence, the
City may deposit the proceeds of the utilities Tax in a single bank
account for the City, provided that adequate accounting procedures
are maintained to reflect and control the restricted allocations of
the funds on deposit therein for the various purposes of such
funds. The designation and establishment of the Debt Service Fund
in and by the Prior Resolution and continuation hereunder shall not
be construed to require the establishment of any completely
independent self-balancing fund, as such term is commonly defined
and used in governmental accounting, but rather is intended solely
to constitute an allocation of certain revenues of the City for
certain purposes and to establish certain priorities for applica-
tion of such revenues as provided herein.
Any excess amounts remaining in the Debt Service Fund
after payment has been made on the Notes and Prior Notes on any
Payment Date, may be withdrawn and deposited at the direction of
the City to be used for any lawful municipal purpose.
Moneys on deposit in the Debt Service Fund may be
invested in Authorized Investments, provided such investments
mature not later than the next succeeding Payment Date. Subj ect to
the terms and provisions of the Code, all income and earnings
received from the investment and reinvestment of the moneys on
C:\DATA\DELRAY\MATI.36\RESO.V2 18 Res. No. 98-93
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deposit in the Debt Service Fund shall remain on deposit in the
Debt Service Fund and be used in the same manner as other moneys on
deposit therein.
C. Disposition of Pledged Revenues. Not later than the
fifteenth day of each month, the City shall deposit in the Debt
Service Fund the proceeds of the utilities Tax, subject to and
dependent upon satisfaction of all current deposit requirements of
such utilities Tax proceeds set forth in Article III, Section 4.D
of the Original Resolution, in addition to the amounts required to
be deposited therein to pay the Prior Notes, as set forth in the
Prior Resolution, an amount equal to one-sixth (1/6) of an amount
sufficient to pay the interest becoming due on the Notes on the
_next Payment Date, and shall further cause to be deposited into the
Debt Service Fund one business day prior to each Payment Date the
proceeds of the utilities Tax in an amount necessary to satisfy any
deficiency in the Debt Service Fund on such date; provided,
however, that such deposit of the interest amount shall not be
required to be made to the extent that moneys on deposit in the
Debt Service Fund are sufficient for sU..Çh purpose. The City
covenants to deposit, on the business day prior to the Maturity
Date, the proceeds of the utilities Tax (or other legally available
moneys) into the Debt Service Fund in an amount sufficient to pay
the outstanding principal of and interest on the Notes.
D. Levy of utilities Tax. The City will not repeal,
amend or modify the utilities Tax Ordinance in any manner so as to
(i) impair or adversely affect the power and obligation of the City
to levy and collect the utilities Tax, (ii) impair or adversely
affect in any manner the pledge of the utilities Tax made herein,
or (iii) reduce the rate at which the utilities Tax is collected or
the persons from whom it is collected.
E. Enforcement of Collections. The City will diligently
enforce and collect the utilities Tax, will take steps, actions and
proceedings for the enforcement and collection of such utilities
Tax as shall become delinquent to the full extent permitted or
authorized by law, and will maintain accurate records with respect
thereof.
F. Budget and other Financial Information. The City
shall demonstrate in each annual budget that there are sufficient
proceeds of the utilities Tax to pay the principal of and interest
on the Prior Notes, the Notes, and the outstanding Bonds coming due
in such fiscal year. The City shall, upon the request of the Bank,
provide the Bank with a copy of its annual budget and such other
financial information regarding the City as the Bank may reasonably
request.
C:\DA TA \DELRA Y\MA TI.36\RESO. V2 19 Res. No. 98-93
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SECTION 3.5. REMEDIES OF NOTEBOLDER. Should the City
default in any obligation created by this Resolution or the Prior
Resolution, the Noteholders may, in addition to any remedy set
forth in this Resolution, either at law or in equity, by suit,
action, mandamus or other proceeding in any court of competent
jurisdiction, protect and enforce any and all rights under the laws
of the State of Florida, or granted and contained in this Resolu-
tion or the Prior Resolution, and may enforce and compel the
performance of all duties required by this Resolution or the Prior
Resolution, or by any applicable statutes to be performed by the
City or by any officer thereof. The City hereby agrees with the
Noteholders that the filing of any bankruptcy or insolvency under
any federal or state law by or against the City which is not
dismissed with prejudice within 30 days of such filing shall give
the Noteholders the right to exercise any of the remedies provided
to them under this section 3.5. In addition, if the City shall
breach any of its obligations set forth in the Original Resolution
the Noteholders will have the right to exercise any of the remedies
provided to them under this section 3.5. Notwithstanding anything
in this section 3.5 to the contrary th~ Noteholders' right to
exercise any remedy permitted hereunder shall be subordinate in all
respect to the rights of the owners of the outstanding Bonds.
SECTION 3. 6 . APPLICATION OF NOTE PROCEEDS. The proceeds
of the Notes shall be used to provide short term financing for the
costs of the proj ects . The City may substitute any of the proj ects
for any other capital project permitted under the Act; provided
that Bond Counsel shall first deliver to the City and the Bank an
opinion to the effect that the substitution of Projects will not
adversely affect the exclusion of interest on the Notes from gross
income for Federal income tax purposes.
SECTION 3.7. DISCHARGE AND SATISFACTION OF NOTES. The
covenants, liens and pledges entered into, created or imposed
pursuant to this Resolution may be fully discharged and satisfied
with respect to the Notes in anyone or more of the following ways:
(a) by paying the principal of and interest on the
Notes when the same shall become due and payable; or
(b) by depositing in the Debt Service Fund or such
other accounts as the City may hereafter create and
establish by resolution moneys sufficient at the time of
such deposit to pay the Notes and all interest thereon as
the same become due on said Notes on or prior to the
maturity date thereof; or
(c) by depositing in the Debt Service Fund or such
other accounts as the City may hereafter create and
establish by resolution (which Debt Service Fund or other
account and all moneys and securities deposited therein
shall be irrevocably pledged to the Noteholders for the
C:\DATA\DELRAY\MATI.36\RESO.V2 20 Res. No. 98-93
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payment of the Notes and all interest thereon) moneys
whioh, when invested in Defeasance obligations, will
provide moneys which shall be sufficient to pay the Notes
and, all interest thereon as the same shall become due on
said Notes on or prior to the maturity date thereof.
Upon such payment or deposit in the amount and manner
provided in this section 3.7, the Notes shall no longer
be deemed to be outstanding for the purposes of this
Resolution and the Prior Resolution, and all liability of
the City with respect to the Notes shall cease, terminate
and be completely discharged and extinguiShed, and the
Noteholders shall be entitled for payment solely out of
the moneys or securities so deposited.
SBCTXON 3. 8 . ADDITIONAL OBLIGATIONS. The city covenants
with the Noteho1ders that as long as the Notes issued under this
Resolution are outstanding, it will not issue any ¡w:i Dassu
additional Bonde (as such term is defined in the original Resolu-
tion) or any other debt obligations secured by a pledge ot the
proceeds of the utilities Tax which would be junior, interior and
subordinate to the. outstanding Bonds and/or on parity with or
junior to the Notes (collectively referred to as "Utility Tax
Debttl) unless the following conditions are complied with.
(a) The City must be current in all deposits into
the various funds and accounts and all payments required
to have been theretofore deposited or made by it under
the provisions ot the original Resolution, the Prior
Resolution, and this Resolution, and any supplemental
resolutions hereafter adopted for' the issuance of
utilities Tax Debt, and has complied with the covenants
and provisions of the original Resolution, the Pr ior
Resolution, and this Resolution, and any supplemental
resolutions hereafter adopted for the issuance of
utilities Tax Debt.
(b) The Utilities Tax proceeds oollected by the
city during any twelve (12) consecutive months of the
eighteen (18) months immediately preceding the issuance
of said Utilities Tax Debt, as evidenced by a certificate
executed by the Finance Director ot the city and as may
be adjusted, as hereinafter provided, will be equal to
one hundred twenty-five per centum (125%) of the maximum
annual debt service on (1) the Outstandinq Bonds issued
pursuant to the Original Resolution then outstanding, (2)
the outstanding Prior Notes, (3) the outstanding Notes
heretofore issued (assuming, for purposes of this Section
only, that the entire authorized amount of $610,000 has
been issued) less any repayments of principal made by the
City, and (4) the utilities Tax Debt then proposed to be
issued; provided that for the purpose of determining the
maximum annual debt service under this Section, the
C:\D^ TA \DBLRA Y\MA IT .36\RBIIO. V2 21 Res. No. 98-93
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interest rate on variable or adjustable rate utilities
Tax Debt then outstanding shall be the greater of (i) the
average daily interest rate on such variable or adjust-
able rate utilities Tax Debt during the preceding Fiscal
Year, or (ii) the actual rate of interest applicable to
such variable or adjustable rate utilities Tax Debt on
the date of issuance of such variable or adjustable rate
utilities Tax Debt; and provided further, that if
variable or adjustable rate utilities Tax Debt is to be
issued, the interest rate thereon shall be calculated in
accordance with the 30-year Revenue Bond Index, as
published by The Bond Buver as of the last week of the
month preceding the date of issuance of such variable or
adjustable rate utilities Tax Debt, or if that index is
no longer published, the interest rate as of the last
week of such month, as published in an index that is
deemed to be substantially equivalent. If the city,
prior to the issuance of the proposed utilities Tax Debt
shall have, by amendment or supplement to the utilities
Tax Ordinance, increased the utilities Tax to be collect-
ed, the utilities Tax proceeds for the twelve (12)
consecutive months immediately preceding the issuance of
the utilities Tax Debt shall be adjusted to include the
Utilities Tax proceeds which would have been collected by
the City in such twelve (12) consecutive months as if
such increase in the utilities Tax had been in effect
during all of such twelve (12) consecutive months.
(c) In the event any utilities Tax Debt is issued
for the purpose of refunding any utilities Tax Debt then
outstanding, the condition of paragraph (2) above shall
not apply, provided that the issuance of such utilities
Tax Debt shall result in a reduction or shall not
increase the annual debt service payments over the life
of the utilities Tax Debt so refunded.
For purposes of paragraph (b) set forth above, the
principal component of the maximum annual debt service on the Notes
shall be determined by using the Assumed Amortization.
C:\DATA\DELRAY\MATI.36\RESO.V2 22 Res. No. 98-93
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ARTICLE IV
MISCELLANEOUS PROVISIONS
SECTION 4.1. MODIFICATION OR AMENDMENT. Except as
provided in the next succeeding paragraph, no modification or
amendment of this Resolution or of any resolution amendatory
thereof or supplemental thereto, may be made without the consent in
writing of all of the Noteholders.
This Resolution may be amended, changed, modified and
altered without the consent of the Noteholders, ( i) to cure any
ambiguity, correct or supplement any provision contained herein
_ which may be defective or inconsistent with any other provisions
contained herein, ( ii) to provide other changes which will not
adversely affect the interest of such Noteholders, or (iii) to
maintain the exclusion of interest on the Notes from gross income
for Federal income tax purposes.
SECTION 4.2. ADDITIONAL AUTHOR~ZATION. The Mayor, the
City Manager, the Finance Director and any other proper official of
the City, be and each of them is hereby authorized and directed to
execute and deliver any and all documents and instruments and to do
and cause to be done any and all acts and things necessary or
proper for carrying out the transactions contemplated by this
Resolution.
SECTION 4.3. SEVERABILITY OF INVALID PROVISIONS. 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 this
Resolution or of the Notes issued hereunder.
SECTION 4.4. REPEALER. All resolutions and orders, or
parts thereof, in conflict herewith are, to the extent of such
conflict, hereby repealed, and this Resolution shall take effect
upon its passage in the manner provided by law.
C:\DA TA \DBLRA Y\MA IT .36\RESO. V2 23 Res. No. 98-93
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SECTION 4.5. EFFECTIVE DATE. This Resolution shall be
effective immediately upon its adoption.
Passed and adopted in regular session on this 12th day of
October, 19~3.
Attest:
Mayor
city Clerk
The foregoing resolution and the form of Note therein
contained are hereby approved by me as to form, language and
execution this 12th day of October, 1993.
-
City Attorney
C:\DA TA \DELRA Y\MA TI'.36\RESO. V2 24 Res. No. 98-93
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Exhibit A
FORM OF NOTE
No. R-_
UNITED STATES OF AMERICA
STATE OF FLORIDA
CITY OF DELRAY BEACH, FLORIDA
utilities Tax Revenue Note, Subordinate Series 1993
Interest Maturity Dated
Rate Date Date
[4.35%] December 1, 1994 October __, 1993
Registered Owner: Sun Bank/South Florida, N.A.
Principal Amount: Not to Exceed $610,000
KNOW ALL MEN BY THESE PRESENTS, that the City of Delray
Beach (the "city") in Palm Beach County, Florida, for value
received, hereby promises to pay from the sources herein mentioned,
to the Registered Owner specified above or registered assigns on
the Maturity Date specified above, upon the presentation and
surrender hereof at the City's Finance Department or (if so
determined by the City) the designated trust office of the bank or
trust company appointed by the City to act as paying agent (said
City's Finance Department or such bank or trust company and any
bank or trust company becoming successor paying agent being herein
called the "Paying Agent"), the Principal Amount of $610,000 or
such lesser amount either advanced by SunBank/South Florida, N.A.,
to the City pursuant to the Note Resolution (as herein defined) or
as a result of partial prepayment of this Note, wi th interest
thereon at the Interest Rate specified :above calculated on the
basis of the actual number of days elapsed in a 365/366-day year,
on the Maturity Date in the manner specified in the within
described Resolution to the registered owner. The Principal Amount
and accrued interest thereon is payable in any coin or currency of
the united States of America, which, on the date of payment
thereof, shall be legal tender for the payment of public and
private debts.
This Note is authorized to be issued in a principal
amount of not exceeding $610,000 under the authority of and in full
compliance with the Constitution and statutes of the State of
Florida, including, particularly, Chapter 166, Florida Statutes, as
amended and supplemented, the Charter of the City of Delray Beach,
Florida, as amended and supplemented, and other applicable
C:\DATA\DELRAY\MATI.36\RESO.V2 25 Res. No. 98-93
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provisions of law (the "Act..) , and Resolution No. 98-91, duly
adopted by the City on the 3rd day of December 1991 (the "Original
Resolution") , Resolution No. 116-92, duly adopted on October 13,
1992, as amended and supplemented (the "Prior Resolution"), and
Resolution No. 98-93, duly adopted by the city on october 12, 1993
(the "Note Resolution"), as such r~solutions may be further amended
and supplemented from time to time, and is subject to all terms and
conditions of said resolutions (the original Resolution, the Prior
Resolution, and the Note Resolution are sometimes, collectively,
referred to as the "Resolution"). Any term used in this Note and
not otherwise defined, shall have the meaning ascribed to such term
in the Note Resolution.
It is hereby certified and recited that all acts,
conditions and thinqs required to exist, to happen, and to be
performed, precedent to and in the issuance of this Note exist,
have happened and have been performed in regular and due form and
time as required by the Laws and Constitution of the State of
Florida and the Charter of the City applicable thereto, and that
the issuance of this Note, is in full compliance with all constitu-
tional or statutory limitations or provisions.
This Note shall not be valid or become obligatory for any
purpose or be entitled to any security or benefit under the Note
Resolution until the certificate of authentication hereon shall
have been signed by an authorized officer of the Registrar.
Except as otherwise provided in the Note Resolution in
the event of a Determination of Taxability, this Note shall bear
interest at the Interest Rate.
Interest shall only be payable on June 1, 1994, and each
June 1 and December 1 thereafter until the outstanding principal of
the Notes is paid on the Maturity Date or earlier optional
prepayment (each a "Payment Date"). The principal of and interest
on the Notes shall be secured solely by and payable from the
Pledged Revenues (as defined below).
"Original Resolution" shall mean Resolution No. 98-91,
adopted by the city Commission on December 3, 1991, as amended and
supplemented by Resolution No. 18-92, adopted by the city Commis-
sion on January 23, 1992, authorizing the issuance of the 1992
Bonds.
"Pledged,Revenues" shall mean all moneys on deposit 1n
the Debt Service Fund (created and established under the Note
Resolution) derived from the proceeds of the utilities Tax required
to be deposited therein each month after the deposits required by
Article III, section 4.D of the Original Resolution have been made
by the city, subject to the prior 1 ien on such moneys for the
payment ot the Outstanding Bonds.
C:\DATA\DBLRA Y\MA 17 .36\RBSO. \7 26 Res. Nq. 98-93
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"utili ties Tax" shall mean the tax imposed by the City on
each and every purchase in the City of electricity, metered and
bottled gas (natural liquified petroleum gas or manufactured) and
telecommunication services. said term shall also apply to all
taxes imposed by the City on the purchase of utility services,
whether levied in the amounts prescribed by the utilities Tax
Ordinance or in any other amounts and whether imposed on the
purchase of the same utilities services or any other or additional
utilities services, either by amendment to the utilities Tax
Ordinance or otherwise.
"utilities Tax Ordinance" shall mean all proceedings
imposing the utilities Tax, including Ordinance No. 535 of the City
ßdopted on July 9, 1945, as amended, and every supplementary
ordinance or other ordinance in lieu thereof as may hereafter be
adopted.
The City may prepay this Note in whole or in part, at any
time or from time to time, without penalty or premium, by paying to
the registered holder all or part of the principal amount of this
Note, together with the unpaid interest accrued on the amount of
principal so prepaid to the date of such prepayment. Each
prepayment shall be made on such date and in such principal amount
as shall be specified by the City in a written notice delivered to
the registered owner not less than two (2) business days prior
thereto. Notice having been given as aforesaid, the principal
amount stated in such notice or the whole thereof, as the case may
be, shall become due and payable on the prepayment date stated in
such notice, together with interest accrued and unpaid to the
prepayment date on the principal amount then being paid; and the
amount of principal and interest then due and payable shall be paid
(i) in case the entire unpaid balance of the principal of this Note
is to be paid, upon presentation and surrender of the Note to the
office of the Paying Agent (designated corporate trust office, if
the Paying Agent is not the City's Finance Department), and (ii) in
case only part of the unpaid balance of principal of this Note is
to be paid, upon presentation of such Note at the office of the
Paying Agent (designated corporate trust office, if the Paying
Agent is not the City's Finance Department) for notation thereon of
the amount of principal and interest on the Note then paid or for
issuance of a replacement Note in the principal amount not
redeemed. Notwithstanding the provisions of clause (ii) above, if
all of the Notes are registered in the name of the Bank, a partial
prepayment may be effected by payment to the Bank of the principal
and interest then due without surrender of this Note; such payment
to be evidenced by notation by the Bank and the City on the marking
grid attached hereto which may be separated therefrom for such
purpose. If, on the prepayment date, funds for the payment of the
principal amount to be prepaid, together with interest to the
prepayment date on such principal amount, shall have been provided
to the Paying Agent, as above provided, then from and after the
prepayment date interest on such principal amount of this Note
C:\DATA\DBLRAY\MAIT.36\RESO.V2 27 Res. No. 98-93
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shall cease to accrue. If said funds shall not have been so paid
on the prepayment date, the principal amount of the Note shall
continue to bear interest until payment thereof at the Interest
Rate provided for herein.
This Note shall not be and shall not constitute an
indebtedness of the City within the meaning of any constitutional,
statutory, charter or other limitations of indebtedness but shall
be secured solely by and payable from the Pledged Revenues. No
Holder of this Note shall ever have the right to compel the
exercise of ad valorem taxing power of the city, or taxation in any
form of any real property therein to pay the Note or the interest
thereon.
The terms and provisions of the Note Resolution are
incorporated in this Note as though such terms and provisions have
been set out in full herein.
THE LIEN OF THE NOTES ON THE PROCEEDS OF THE UTILITIES
TAX SHALL BE JUNIOR AND SUBORDINATE, AS TO THE LIEN OF THE
OUTSTANDING BONDS ON THE UTILITIES TAX PROCEEDS AND IN ALL OTHER
RESPECTS TO THE PLEDGE AND LIEN GRANTED TO THE OUTSTANDING BONDS.
This Note is issued on parity in all respects with the
city's outstanding utilities Tax Revenue Note, Subordinate Series
1992, issued pursuant to the Prior Resolution.
IN WITNESS WHEREOF, the City of Delray Beach, Florida,
has caused this Note to be signed by its Mayor, either manually or
with his facsimile signature, and the seal of the city commission
of the city of Delray Beach, Florida, to be affixed hereto or
imprinted or reproduced hereon, and attested by the Clerk of the
city, either manually or with her facsimile signature, and this
Note to be dated the Dated Date set forth above.
( SEAL) CITY OF DELRAY BEACH, FLORIDA
ATTEST: By:
Mayor
Clerk of the City of Delray
Beach, Florida
C:\DA T A \DELRA Y\MA IT .36\JtESO. V2 28 Res. No. 98-93
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FORK OF CER~XFXCA~B OF AU~BEHTXCA~XOH
Date of Authentication: October -' 1993
This Note is the Note delivered pursuant to the within
mentioned Resolution.
CITY OF DELRAY BEACH Finance
Department, as Registrar
By:
Authorized Officer
C:\DA TA\DELRA Y\MA TI .36\RESO.V2 29 Res. No. 98-93
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ASSIGNXEN'l'
FOR VALUE RECEIVED the undersigned sells, assigns and
transfers unto
(please print or typewrite name, address
and tax identification number of assignee)
~he within Note and all rights thereunder, and hereby irrevocably
constitutes and appoints
Attorney to transfer the within Note on the books kept for
registration thereof, with full power of substitution in the
premises.
Dated:
Signature Guaranteed: In the presence of:
NOTICE: The signature to this
assignment must correspond with
the name as written upon the
face of the within Note in ev-
ery particular, without altera-
tion or enlargement, or any
change whatever.
C:\DA TA\DELRA Y\MA TI.36\RESO. V2 30 Res. No. 98-93
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[This Grid may be separated from the Note for purposes of Nota-
tion. ]
DRAW-DOWN GRID
[Outstanding Principal Amount Not to Exceed $610,000]
Principal
Amount Initials
Amount of Note of
of Outstanding Noteholder
Date Draw After Draw and city
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C:\DA TA\DaRA Y\MA TI.36\RESO. V2 31 Res. No. 98-93
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[This Grid may be separated from the Note for purposes of Nota-
tion. ]
REPAYMENT GRID
[Outstanding principal Amount Not to Exceed $610,000]
Principal
Amount
of Note Initials
Outstanding of
Amount of after Noteholder
Date ReDavment ReDavment and city
C:\DATA\DBLRA Y\MA TI.36\RESO. V2 32 Res. No. 98-93
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EXHIBIT B
AGRIBMB~ RBGARDING LINE OP CREDIT
Dated as of october 1, 1993
nBRIAS, SunBank/south Florida, N.A. (the "Bank"), has
offered to make a closed-end line of credit (the "Line of Credit")
available to the CITY OF DELRAY BEACH, FLORIDA (the "City"), in the
principal amount of not exceeding $610,000 under which the City
may, from time to time, make drawings; and
WHBRBAS, the City Commission of the city of Delray Beach,
Florida, on October 12, 1993, adopted Resolution No. 98-93 (the
"Note Resolution") authorizing the issuance of not exceeding
$610,000 principal amount city of Delray Beach, Florida, Utilities
Tax Revenue Notes, Subordinate series 1993, which utilities Tax
Revenue Notes, Subordinate series 1993, shall represent the city's
obligation to reimburse the Bank for drawings made under the Line
of Credit; and
WHBRIAS, the City and the Bank find it necessary to enter
into this Agreement, to acknowledge the terms and provisions of the
Note Resolution adopted by the city and the extension of the Line
of Credit by the Bank.
MOW THDEI'ORB, the city aneS the Bank hereby at¡re. as
follow..
1. That the Bank shall make immediately available to the
city, pursuant to the terms and provisions of the Note Resolution,
the Line of Credit in an aggregate principal amount of not
exceeding $610,000 which shall be available to the city in one or
more drawings prior to .
2. That the Line of Credit shall expire on
, and the outstanding principal amount of any
drawinqs, ìncluding interest thereon, shall beoome due and payable
on such date unless all of such drawings have been prepaid prior to
such date in accordance with the terms and provisions of the Note
Resolution.
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3 . That the Bank hereby accepts the terms and conditions
set forth in the Note Resolution applicable to the Line of Credit.
SUNDAHl/SOUTH FLORIDA, N.A.
(SEAL) By:
Title:
Date:
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ATTEST: CITY OF DELRAY BIACH, FLORIDA
By:
Acting City Clerk of the Title: Mayor
city of Delray Beach, Florida Date:
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STATE OF FLORIDA )
COUNTY OF PALM BEACH )
I, Barbara Garito, do hereby certify that I am the duly
qualified Aoting City Clerk of the City of Delray Beach, Palm Beach
County, Florida.
I further certify that the above and foreqoing consti-
tutes a true and correct copy of the minutes of a meeting of the
city commission of said city held on October 12, 1993, and of a
resolution adopted at said meeting, as said minutes and resolution
are ofticially of record in my possession.
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IN WI'1'DSS WHBRBOP, I have hereunto subscribed my
official signature and impressed hereon the official seal of the
city of Delray Beach this 12th day of October, 1993.
Acting city Clerk
(SEAL)
C:\DATA\DBUtA Y\NA1ï .36\IØO.V2 Res. No. 98-93
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[IT' DF DELIA' BEA[H
100 N.W. 1st AVENUE . DELRAY BEACH, FLORIDA 33444 . 407/243- 7000
....
AI J-aClty
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1993
MEMORANDUM
TO: David T. Harden, City Manager
FROM: Robert A. Barcinski, Assistant City Manager ~
SUBJECT: AGENDA ITEM #C(G CITY COMMISSION MEETING 10/12/93
REQUEST FOR WAIVER/POLICE OVERTIME - HALLOWEEN PARADE
DATE: October 5, 1993
ACTION
Commission is requested by the Kiwanis Club to waive the payment
of Police overtime for the annual Halloween Parade.
BACKGROUND
The Delray Beach Kiwanis Club is sponsoring the annual Halloween
Parade on October 30, 1993. Police assistance is needed for
traffic control. The off duty overtime rate is $17.00 per hour
with a minimum 2 hour callout. The estimated total cost is
$272.00. Under this structure, the Kiwanis would contract with
the individual officers and pay them directly. If Commission
agrees to waive the payment of Police overtime, officers would
be assigned at the time and one-half rate which would be
approximately 25% higher than the off-duty rate.
RECOMMENDATION
Staff has reviewed this request and recommends denial.
RAB:kwg pvd
~~/o
® Pnntr:n on RecvclOeJ Papeí THE EFFORT ALWAYS MATTERS
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, Agenda Item No.:
AGENDA REQUEST
Date: 10/05/93
Request to be placed on:'
X Regular Agenda Special Agenda Workshop Agenda
When: 10/12/93
Description of agenda item (who, what, where, how much): Kiwanis Club
is sponsoring the annual Halloween Parade on October 30, 1993. They are request1ng that
the a ment of overtime to off duty police officer be wa1ved. ~ol1ce ass1stance 1S
needed for traffic control. Total estimated cost is .
ORDINANCE/ RESOLUTION REQUIRED: YES@) Draft Attached: YES/NO
Recommendation: ìà~oh1~...Q ))1LAA..Q.
Department Head Signature: ~~ ~.(.~.~j /,0/,;19,3
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: tiJl/ NO /1</1
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
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Ki~anis Club
C(.~ Iy~
OF DELRAY BEACH a O~I
P.o, Box 122 (1111' V, I v~()
Delray Beach, Florida 33447-0122 4I-1tf¿ /9.9J
'1t¡~
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I i({
September 28, 1993
Mr. David Harden
City Manager
City of Delray Beach
100 N.W. 1st Ave.
Delray Beach, FL 33444
Re: Fee Waiver--Delray Beach Kiwanis Club
Annual Halloween Parade
Dear Mr, Harden:
As you know the Delray Beach Kiwanis Club is sponsoring its annual
Halloween Parade on October 30, 1993 as part of the Heritage Month
activities. On behalf of the Club, I respectfully request that the
required fee for the parade permit be waived.
The Delray Beach Kiwanis Club is a totally charitable organization,
The Halloween Parade is not a fund raising event for our club and
we sponsor it only as a public service to the children of Delray
Beach, who, in the past, have tremendously enjoyed participating in
this event. In the spirit of giving to the children as we are, we
hope that the City can also give to them by waiving the fee.
We hope to be hearing from you soon,
Sincerely,
~O~
Martha A. Kinsel
Co-Chairman Boys and Girls Committee
Delray Beach Kiwanis Club
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER lf7"1
SUBJECT: AGENDA ITEM i 1/1 - MEETING OF OCTOBER 12. 1993
SERVICE AUTHORIZATION NO. 4/DIGBY BRIDGES', MARSH AND ASSOC-
IATES
DATE: October 7, 1993
This item is before you to approve a service authorization in the
amount of $21,000 to the contract with Digby Bridges, Marsh and
Associates for construction management services in conjunction with
the Tennis Center Phase II project.
The scope of service under this authorization includes:
-Construction coordination of the tennis courts, fencing, court
irrigation, wind screening, electrical, plumbing, paving,
drainage, landscaping, signage, architectural fencing, site work,
site furnishings and all other work necessary for project
completion.
-Project supervision, administration, coordination, scheduling,
clerical, and project monitoring.
Because of the size and scope of this project, staff recommends that
Phase II not be bid out as a single project, but in several
components. By using this method the City can expect to save the
contractor's general conditions, overhead and profit costs. Based on
a $300,000 project, these costs are estimated at $54,000. With Digby
Bridges, Marsh and Associates as the project managers, the City can
save approximately $33,000,
Recommend approval of Service Authorization No. 4 in the amount of
$21,000 to the contract with Digby Bridges, March and Associates; with
funding from 1993 Utility Tax Bond - Tennis Center Phase II (Account
No. 334-4145-572-63.42).
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Agenda Item No.:
AGENDA REOUEST
Date: September 30. 1993
Request to be placed on:
~ Regular Agenda
_____ Special Agenda
_____ Workshop Agenda When: October 12, 1993
Description of item (who, what, where, how much):
Staff reauests Commission aDDrovaL of Service Authorization No. 4 for Digby Bridges. Marsh &
Associates for construction management services for the Tennis Center Phase II. Because of the size
and SCODe of the Droject the City is DroDosing that Phase II not be bid out as a singLe Droiect. but
bid this Droiect to several contractors. This way the City can save the Contractor's generaL
conditions costs and overhead and Drofit. Based on a $300.000 Droject it was estimated these costs
wouLd be aDDroximatelv $54.000. Proiect coordination. sUDervision. administration. scheduL ing and
clericaL SUDDort are stilL needed. Staff is reauesting that the Digby Bridges. Marsh & Assoc.
crovide this service for $21.000. This would reDresent a net savings of aDcroximately $33.000. The
eLements of the construction coordination the consuLtant wouLd Drovide are as foLLows:
1. Tennis courts. fencing. court irrigation and windscreening.
2. ELectrical
3. Plumbing
4. Paving and drainage
5. LandscaDing
6. Signage
7. Architectural fencing
8. Sitework and site furniture
9. ALL other work necessary for croiect comDLetion. In addition to these services the
consultant will Drovide resident Droiect reDresentative services.
Proiect No. 92-42. Funding Source 334-4145-572-63.42
ORDINANCE/RESOLUTION REQUIRED: YES@ DRAFT ATTACHED YES ~
of Service Authorization No. 4 for
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. ~if applicable)
Account No. & Descri~tion~~4--¿tV15·-5J'2,..1r0-4·L- 1t13 UnL.TAX FXND·-TENNI~. PH iC
Account Balance ~ I toO
City Manager Review: tM
Approved for agenda: @/NO
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
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ENVIRONMENTAL SERVICES DEPARTMENT
MEMORANDUM
TO: David T. Harden
City Manager
THRU: William H. Greenwood ~~~~¡I~~~
Director of Environmental Services
FROM: Ralph E. Hayden, PE V!:!lI
City Engineer
SUBJ: Tennis Center Phase II, Service Authorization No. 4 for
Digby Bridges, Marsh and Associates
DATE: September 30, 1993
Attached is an agenda request and service authorization for Digby
Bridges, Marsh and Associates to provide construction management
services for the construction of Phase II of the Tennis Center.
These services are for construction management, supervision,
coordination, scheduling, clerical, and project monitoring as
necessary with the selected contractors and utilities having
jurisdiction. This work will be in addition to the services
identified in the Consultant Service Authorization No 2 dated June
1, 1993. Also as a part of this work the consultant will provide
Resident Project Representative Services (Phase VI) as listed in
the Agreement for Architectural Services.
If this project were bid out in the conventional sense the general
contractors cost, based on a $300,000. construction budget would be
approximately as follows:
General Contractor's General Requirements
12% of $300,000. $36,000.
General Contractor's Overhead and Profit
6% of $300,000. $18.000.
Total $54,000
These percentages were based on conversations with a local
contractor (Mouw & Associates).
with Digby Bridges Marsh and Associates assuming these
responsibilities for $21,000 there is a potential for the city to
save approximately $54,000. - $21,000 = $33,000.
File 93-42D
cc Joe Weldon
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DIGBY BRIDGES, MARSH AND ASSOCIATES, P.A.
CONSULTING SERVICE AUTHORIZATION
DATE: October 12, 1993
SERVICE AUTHORIZATION NO. 4 FOR CONSULTING SERVICES
CITY P. o. NO. CITY EXPENSE CODE 334-4145-572-63.42
PROJECT NO. 93-42 (CITY) (CONSULTANT)
TITLE: CITY OF DELRAY BEACH TENNIS CENTER, PHASE II
This Service Authorization, when executed, shall be incorporated in
and shall become an intergral part of the Contract.
I. PROJECT DESCRIPTION
Provide Construction Management Services for the construction
of the Tennis Center Phase II.
II. SCOPE OF SERVICES
A. The services the consultant shall provide include all
construction coordination which include the following
elements of work:
1. Tennis courts, fencing, court irrigation, and wind-
screening.
2. Electrical
3. Plumbing
4. Paving and drainage
5. Landscaping
6. Signage
7. Architectural fencing
8. sitework and site furniture
9. All other work necessary for project completion
B. Work shall include project supervision, administration,
coordination, scheduling, clerical, and project
monitoring as necessary with the contractors, utilities,
and all governmental agencies having jurisdiction. Work
will be in addition to the services identified in the
Consultant Service Authorization No 2 dated June 1, 1993.
Work shall also include Resident Project Representative
Services (Phase VI) as listed in the Agreement for
Architectural Services.
C. The City shall provide site offices, telephone for the
site supervisor, electrical and water service.
III. BUDGET
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Compensation for the services shall be as follows:
A. Method I - Lump Sum (See VII A.1 of Agreement)
Total not to exceed S 21.000.
IV. COMPLETION DATE
A. It is the purpose and intent of the City to have Phase II
of the Tennis Center complete and operational by February
1, 1994. The construction of the project must be started
on or about November 15, 1993, and be completed by
January 31, 1994.
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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 unsatisfied with the services provided in the
.¡ previous phase or service authorization, the city may terminate
. the contract without incurring ,any further liability. The
1 'CONSULTANT may not commence work on any service authorization
approved by the city to be included as part of the contract
without a further notice to proceed.
! Approved by:
CITY OF DELRAY BEACH: CONSULTANT: r J
Date Date
By:
Thomas E. Lynch I
Mayor (Seal)
, witness
witness
! Attest: Attest:
i
Approved as to Legal
SUfficiency and Form
,
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me
this day of , by
(name of officer or agent,
title of officer or agent), of
(name of corporation acknowledging),
a (state or place of incorporation)
corporation, on behalf of the corporation. He/She is
(personally known to me) (or has produced identification)
( type of identification) (as
identification) and (did/did not) take an oath.
Signature of Person Taking
Acknowledgment
Name of:Acknowledger Typed,
Printed or stamped
'. - ,--~ ___,,__._._____,.,~_"'~w.,' .-----.-~~------r-~. -
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MEMORANDUM
TO: MAYOR AND CITY COMMISSION
FROM: CITY MANAGER RØ--
SUBJECT: AGENDA ITEM # 9~ - MEETING OF OCTOBER l2, 1993
CHANGE ORDER NO.2/CHAZ EQUIPMENT COMPANY, INC.
DATE: OCTOBER 7, 1993
This is a change order in the amount of $31,033.00 to the
contract with Chaz Equipment Company, Inc. to construct a 8"
water main on the south end of Bronson Avenue north to the
existing 8" water main on Atlantic Avenue.
This additional work is required as the existing 2" water main on
Bronson Avenue is not at a sufficient depth for construction of
the new road surface.
Recommend approval of Change Order No. 2 in the amount of
$31,033.00 to the contract with Chaz Equipment Company, Inc. ,
with funding from Water and Sewer Renewal and Replacement - Water
Distribution Improvements (Account No. 442-5178-536-61.78)
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Agenda Item No.:
AGENDA REOUEST
Date: October 5, 1993
Request to be placed on:
__X__ Regular Agenda
_____ Special Agenda
_____ Workshop Agenda When: October 13, 1993
Description of item (who, what, where, how much): Staff requests City
Commission to approve Change Order #2 to Chaz Equipment Co., Inc. for the
Roadway Reconstruction Plan (92-02) and SE 5th st (93-15). Change Order #2
includes a water main upgrade from 2" dia to 8" dia. on Bronson Ave with
miscellaneous changes required by the Department of Transportation on Atlantic
Ave. at the tie-in. The scope of work is itemized per Schedule "A" attached to
the Change Order. Change Order #2 is for a net add amount of $31,033.00
Funding Sources is 442-5178-536-61.78.
ORDINANCE/RESOLUTION REQUIRED' YEseRAFT ATTACHED YES
Recommendation: Staff Recommends approval of Change Order #2
Department Head )1h
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: YES/NO
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 MANAGER
THRU: WILLIAM H. GREENWOOD, P. E. ~ ~
DIRECTOR OF ENV. SVCS.
FROM: RALPH E. HAYDEN, P.E. ÇZfJ):!
CITY ENGINEER
DATE: October 8, 1993
SUBJECT: ROADWAY RECONSTRUCTION PLAN (EAST OF INTRACOASTAL)
PROJECT No. 92-02
-------------------------------------------------------------------
Attached is an Agenda Request for the regular commission meeting on
October 12, 1993, requesting change order #2 for the referenced
project to Chaz Equipment Co., Inc. The change order amount is
$31,033.00.
This change order consists of the following:
. Construct water main on Bronson Avenue.
REASON: Required as the existing 2" water main was not at a
sufficient depth for construction of the new road
surface.
The funding sources are:
Water 442-5178-536-61.78 for $31,033.00
Please place this item on the agenda for commission approval.
RH : kb
Attachments
File: Project No. 92-02 (D)
Memos to City Manager
AR9202.C02
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CITY OF DELRAY BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
CHANGE NO. 2 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 8" DIP water main from existing 2" main on south end of Bronson Ave north
and tie-in to existing 8" water main on Atlantic Ave.
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.
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT $1,349,381. 45
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 76,667.70
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $1,426,049.15
COST OF CONSTRUCTION CHANGES THIS ORDER $ 31,033.00
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $1,457,082.15
PER CENT INCREASE THIS CHANGE ORDER 5.6 ,
-
TOTAL PER CENT INCREASE TO DATE 7.9 ,
- -
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
Env Services Dept 442-5178-536-61.78 for $31,033.00
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
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Schedule IIAII
Roadway Reconstruction Plan
(Streets east of Intracoastal)
92-02
SE 5th St (from FEC RR to SE 4th Ave)
93-15
Change Order #2
--------------------------------------------..---..--------------....-------------.--..-----
Contract Item D..crlptlon +1- C.O. Unit Total
Item No. #2 Qty Price
--.-..-----------------------------------------------------------------------------------
A. Bronson St water main improvements
1 Maintenance of Traffic 1 ls $1,000.00 $1,000.00
40 Open Cut Pavement Repair 50 lf $18.50 $925.00
47 8" Cl 52 DIP 650 lf $18.90 $12,285.00
49 8" GV and Box 2 ea $1,506.50 $3,013.00
52 8" x 811 tapping sleeve and valve 1 ea $5,510.00 $5,510.00
54 Furnish and Install Fire Hydrant 2 ea $1,633.00 $3,266.00
55 Fill and Flush Connection 1 ea $1,554.00 $1,554.00
56 Furnish and Install Sample Pt 2 ea $330.00 $660.00
57 Construct 1" single service 2 ea $506.00 $1,012.00
58 Construct 1 11211 Double lIater Service 2 ea $604.00 $1,208.00
-- Atlantic Ave milling of existing asphalt 100 sy $3.35 $335.00
-- Atlantic Ave 1 112" Type S-I asphalt overlay 100 sy $2.65 $265.00
----------------..----------
Net amount of Change Order #2 $31,033.00
Contract amount thru Change Order #1 $1,426,049.15
------------..-..
Revised Contract amount\thru Change Order #2 $1,457,082.15
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ú?v'l
SUBJECT: AGENDA ITEM # 911 - MEETING OF OCTOBER 12. 1993
SERVICE AUTHORIZATION NO. 5/GEE AND JENSON
DATE: October 7, 1993
This item is before you to consider a service authorization in the
amount of $15,500 to the contract with Gee and Jenson for preliminary
work and conceptual design for the East Atlantic Avenue Beautification
project.
The scope of service for this project includes: i
í
-Review of existing data and confirmation of design criteria.
-Attending meetings (approximately eight {8} ) . ,
-Preparing a rendered conceptual streetscape plan locating limits
of landscaping, pavers, street lighting and other pertinent
criteria.
-Preparing video image slides of street before and after
streetscape installation.
-Preparing detailed design and construction schedule for project
and probable cost to construct facilities.
This phase consists of 20% of the anticipated engineering costs. It
is anticipated that the total engineering costs for this project will
be $76,000. A detailed staff report is attached as backup material
for this item.
Recommend approval of Change Order No. 5 to the contract with Gee and
Jenson, in the amount of $15,500 with funding from Decade of
Excellence Bond Issue - Phase II Beautification - Atlantic Avenue,
Intracoastal Waterway to Ocean (Account No. 228-4141-572-61.73) .
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Agenda Item No.:
AGENDA REOUEST
Date: October 4, 1993
Request to be placed on:
__X__ Regular Agenda
_____ Special Agenda
_____ Workshop Agenda When: October 12, 1993
Description of item (who, what, where, how much): Staff reauests Citv
Commission approval for Gee & Jenson for Service Authorization No. 5 to do
preliminarv work and conceptual desian for the East Atlantic Avenue
Beautification Proiect. Scope of services for this phase will include: review
of existina data. site analvsis. coordination with Florida Power & Liaht.
F.D.O.T. and Palm Beach Countv. meetina with Citv staff and task team members.
preparation of preliminarv conceptual plans and modifications as necessarv. make
presentations to Citv staff and Commission and prepare schedule and anticipated
cost analvsis.
This phase consists of S 15.500.00 or 20% of their total anticipated fee of
S 76.000.00. Proiect Account # 228-4141-572-61.73.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff Recommends approval of Service Authorization No. 5.
D~partment Head\j~ ~
S~gnature: ~
City Attorney Review/Recommendation (if applicable)
Budget Director Review (r~red on all items involving expenditure of funds):
Funding available: E NO
Funding alternatives. . (if apPlicabl~
Account No. & Descf1PtionVVb'"'4\4\ - Sl~~þC't'-'fftJL AtLf -ATLMJnC-AV~J
Account Balance -Ø _ {1lJ I NTeA rioiiíAL Tõ (Xfi'r'¡
City Manager Review: ~/NO W1
Approved for agenda:
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
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DEPARTMENT OF ENVIRONMENTAL SERVICES
MEMORANDUM
TO: DAVID T. BARDEN
CITY MANAGER
, TURU: RALPH E. HAYDEN, P. E.~
CITY ENGINEER
FROM: José Aguila ðì2>
Assistant Construction Manager
DATE: October 4, 1993
SUBJECT:. East Atlantic Avenue Beautification Project
-------------------------------------------------------------------
The Engineering staff requests Commission approval for Service
Authorization No. 5 to Gee and Jenson for the Decade of Excellence
Project to extend Atlantic Avenue Beautification from the
Intracoastal Waterway to Alternate A-l-A. The budgeted
construction cost for this project is $ 950,000.00.
The consultants fee should typically be between 6% and 8% of the
total construction cost. In this case the consul tants total
project fee is anticipated to be approximately $ 76,000.00 or 8%.
This Service Authorization consists of approximately 20% of their
total anticipated fee and will cover site surveys, meetings with
staff and task team members, prepaLation of conceptual plans with
presentation to Commission and staff and probable construction
cost.
JA:kt
Attachments
cc: Ralph E. Hayden, P.E., City Engineer
File: 93-68 CD)
Memos to City Manager
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~iRnlEtn
EttG\REER\MG
n 0(,'\ t\ \
, GEE & JENSON
Engineers-Architects-Planners, Inc,
One Harvard Circle
West Palm Beach, FL 33409
Telephone (407) 683-3301
September 30, 1993 Fax (407) 686-7446
,
Mr. José Aguila
Engineering Department
City of Delray Beach
434 South Swinton Avenue
Delray Beach, FL 33444
Re: East Atlantic Avenue Streetscape
City Project 93-68
Service Authorization
Dear José:
Please find enclosed a draft project schedule and proposed Scope of Services and
Budget for the initial phase of the proposed East Atlantic Avenue Streetscape project.
The total construction cost budgeted for this project by the City is $950,000. For
Budgeting of consultant fees, the City should anticipate approximately 8% total for fees
equalling ±$76,000. Approximately 20% of the fees would be for construction phase
services, 55% of the fees for preparation of construction plans and specifications with the
remaining 20% for preliminary design services. The 20% for preliminary services
represents approximately $19,000, so the proposed service authorization budget is well
within the customary and reasonable charges for preliminary design services for a project
of this magnitude.
Ie
W. Richard Staudinger, P.E.
WRS:jer
encl.
50101
c: Ralph Hayden
Brett Nein, ALSA
{RlVERS.WRS¡Þ.QUILA-EAST -ATlANTIC-
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CONSULTING SERVICES AUTHORIZATION
Date: SeDtember 28. 1993
Service Authorization No. 5 for Consulting Services
City P.O. No. 93-68 City Expense Code 228-4141-572-61.73
Title: East Atlantic Avenue StreetscaDe
this Service Authorization, when executed, shall be Incorporated In and shall become an Integral part of the Contract.
,
I. PROJECT DESCRIPTION
Preparation of design criteria, plans and specifications and construction phase services for the installation of
the East Atlantic Avenue Streetscape program.
II. SCOPE OF SERVICES:
Phase 1 & 2 - Study & Preliminary Design Phase
A. Review existing data and confirm design criteria with City Staff, East Atlantic Avenue Task Team,
FDOT, Florida Power & Light, and Palm Beach County.
B. Attend meetings (8 total) with City Staff (3), EM Task force(2), City's Drainage Consultants(1) and
Florida Department of Transportation(2).
C. Prepare rendered conceptual streetscape plan locating limits of landscaping, pavers, streetllghting,
and other pertinent criteria Included in Streetscape program.
D. Prepare video image slides of street before and after streetscape installation along East Atlantic
Avenue.
E. Prepare detailed design and Construction Schedule for project and probable cost to construct
facilities.
Phase 3 - Final Design Phase N/A
Phase 4 - Bidding/Negotiation Phase N/A
Phase 5 - Construction Phase N/A
III. BUDGET
Sr. Tech. Sp. EJA Cadd Secy
A. Collect Data & Establish Criteria 2 12 4
B. Meeting Attendance 28 20 8
C. Conceptual Plan Preparation 28 24 50
D. Video Imaging (2 total) 2 20
E. Schedule & Cost Estimate 8 8 12 4
Total Hours 48 84 62 16
Total Labor - $13,830
Expenses - 1.670
$15,500
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IV. COMPLETION DATE
30 days from authorization (± October 30)
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 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 e included as part of the contract without a further notice to proceed.
, Approved by:
CITY OF DELRA Y BEACH: CONSULTANT: ( Gee & Jenson E-A-P. Inc. )
Date Date
By:
Thomas E. Lynch Russell C. Devick, P,E.
Mayor (Seal)
Witness
Witness
Attest: Attest:
Approved as to Legal Sufficiency and Form
STATE OF
COUNTY OF
The foregoing Instrument was acknowledged before me this day of , 19
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. HelShe is
(personally known to me) or (has produced identification) (type of identifICation) and (did/did not)
take an oath.
Signature of Person Taking Acknowledgment
Name of Acknowledger Typed, Printed or Stamped
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£ITY DF DELAAY BEA£H
100 N,W, 1st AVENUE . DELRAY BEACH, FLORIDA 33444 . 407/243-7000
......
Al-AlløtcaClty
, III'!
1993
MEMORANDUM
TO: David T. Harden, city Manager
FROM:(~)Robert A. Barcinski, Assistant City Manager~
SUBJECT: AGENDA ITEM # 1o CITY COMMISSION MEETING lO/12/93
WAIVER REQUEST FOR ANNUAL CERTIFIED AUDIT
DATE: October 7, 1993
ACTION
City Commission is requested by Old School Square, Inc. to waive
the requirement to provide a full certified audit for the fiscal
year ended September 30, 1993.
BACKGROUND
Per the Management Agreement dated 8/7/90, and amended 9/16/92,
Paragraph 12 (c) Budget, City Commission may waive the
requirement to provide a certified audit. A letter has been
received by Old School Square, Inc. asking Commission to waive
the certified audit requirement for the fiscal year ended
September 30, 1993. Old School Square, Inc. is requesting
authority to conduct a review audit which will reduce their
operating costs by approximately $12,000. They feel that they
now have adequate accounting controls in place. The Finance
Director has reviewed this request and recommends that a full
audit is conducted to ensure that proper management and
accounting controls are in place.
RECOMMENDATION
Consideration of request from Old School Square, Inc. to waive
the certified audit requirement.
.
RAB : kwg &¡ ~~1J;!t!: ;;;;::
3-0
® Printed on Recycled Paper THE EFFORT ALWAYS MATTERS
"
12. BUdget. The Director, In consultation with the
Board of Directors and In any established financial committee,
shall be responsible for recommending a proposed budget to the
Board of Directors which will set forth, In a detailed form,
all anticipated income and expenses.
( a) Prior to final approval and adoption of the
budget by the Board of Directors, the proposed budget shall be
submitted to the City for their review and recommendations.
The Director shall be responsible for the administration of the
budget subject to oversight by the appropriate committees.
( b) A copy of the approved annual budget (both
capital and operating) shall be submitted to the City by May
1st of each year. The budget shall delineate sources of
revenues and expense items and shall show prlor year actual
expenses and revenues as of April 1st of each year.
(c) Old School Square, Inc. shall provide to
the City, an Annual Financial Report audited by a certified
public accountant with an opinion based upon the audit. This
audited report shall be furnished each year within one hundred
and twenty (120) days of the close of Old School Square fiscal
year. Old School Square, Inc. may request that the City
Commission waive the requirement to provide a certified audit.
The City Commission may approve or deny the requested waiver.
(d) Old School Square, Inc. shall make all
requests for funding of money from the City, or for a contribu-
tion of serVlces or materials from the City within the city's
budget deadlines, except for unforeseen and unanticipated
matters.
"
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C U L T U R A L
ART S CENTER
September 30, 1993
Mr. Dave Harden
Ci ty Manager
City of Delray Beach
100 N. W . 1st Avenue
Delray Beach, FL 33444
Dear Mr. Harden:
Attached is Old School Square's revised 1993 - 1994 budget
which represents expenses and income of $658,400. We want
to take this opportunity to thank you for your contribution
of $122,500 and your continued support which will enable us
to continue our mission as the cultural arts center of
Delray Beach and South Palm Beach county,
To reduce our budget expenses, we drastically reduced
personnel, physical plant, fundraising, and office expenses.
One item in the office expense category we wish to bring to
your attention and request of the commission is the item
regarding the expense of our annual audit. In 1993, we paid
$18,500 to Ernst & Young for our required audit. In our
budget for 1993 - 1994 we have budgeted $6,000, which is the
cost of a "review audit," which means a savings of
approximately $12,500.
At this time, we respectfully request the city accept an
annual "review audit" rather than a "full audit" in order to
save money. The acceptance of a "review audit" by the city
will not only allow us to save money, but also to meet our
obligation to you. Further, it will allow us to meet the
requirements of various art councils as we apply for grants.
As you know, Old School Square completed a "full audit" each
year for the past three years, the latest one September 30,
1992. The findings were very favorable and no major
discrepancies or deficiencies were found in our financial
affairs. The recorr~ended procedure changes have been
instituted.
Old School Square, Inc.
Atlantic Avenue at Swinton
Delray Beach, Florida 33444
(407) 243-7922
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Mr. Hard.cn
September 30, 1993
Page Two
In addition to our audit, Old School Square has completed a total revision of
our accounting and bookkeeping systems and we are now 100% computerized. This
difficult and time-consuming task was accomplished by our accounting firm of
J. Stahl and Associates who will continue to perform our bookkeeping and
accounting activities "off site" as our audit recommended.
With all the financial and accounting improvements in place, we are now able
to provide the City with a timely, in-depth financial statement as agreed upon
in the management agreement. Our first report will be submitted to you on
November 1, 1993.
After reviewing our budget and the above information regarding our audit and
updated bookkeeping and accounting system, we sincerely hope that you will
allow us to submit a "review audit" in the future rather than an expensive
"full audit". The money will be well spent in other areas.
Again, we thank you for your budgeted funds and your continued and loyal
support of Old School Square.
Sincerely,
~~~
Alan Armour
Chairman of the Board
Old School Square
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OLD SCHOOL SQUARE, INC.
FISCAL FISCAL
C U L T U R iNCOME - YEAR YEAR
ART S CENTER 92/93 93/94
Þ.DMISSIONS...,.....,... ,..,. 25,000, 100,000.
RENTALS/SALES........"... . 42,200. 77;500.
FOUNDATION SUPPORT/
BOARD SUPPORT........... 3,000. 23,300.
CORPORATE SUPPORT.... ...... 47,000. as r:..,(\()
./.....,.....Vv.
FUND R~ISING/SPECIAL EVENT 109,000. 70,000.
JCN.l\""'fIONS/GIF'IS. . . . . . . . . . . . b3,OOC. ! c~ <\'
, .J J ......."v '"'-" .
STÞ.TE SUPPORT /
COUNTY SUPPORT.......... - 451000.
CITY SUPPORT..,........... .122,500. 122/50C.
::':RÞ.. . . . . . . . . . . . . . . . . . . . . . . . 44,000. 44,000.
OTHER. . . . . . . . . . . . . . . . . . . . . . 12,660. ~ I C;_2.9_~~
INCOME TOTALS....... . . . . . . , , , . . .468,360. 6-5's¡S:CO.
EXPENSES
PERSONNEL EXPENSES........ .172;000. 228;508.
PHYSICAL PLANT EXP.. . . . . . .. 76,00'). 135/'~'=C¡.
F~ND aAIS:~G EXP.... . . . . . . . '76;5':jO. " ,
"-±£.¡ J ...j ,>....;.
?;RC)GF~At·~/iPRC)D. EXF¡. . . . . . . . . . .' 48, OC":;. ... 23 -' .:; ':. '"' .
~ARKETING EXP.............. .-, .:::: r-' ~-
L'..¡v'Vv. ~ , -'...' '-' .
JFFICE EXFENSES............ 4'9,2~J. - - - -
-, -' ':::- \
..... -' , .... -... '-' .
....... J.......I,.~~.". . . . . . . . . . . . . . . . . . . . . . 4 J(, Cj . i~_~_~~~; ',,; .
EXPENSES TOTA~3........ 0....... .463,360. :;5O,:4.".
'T"l": YE¡:~F~ ::- BUDGET REPf~ESEN:~ i::'.I. L~ ':J:~~ 1: : ~ ~: l:. E /\ oS E ._ ~ =-:. -. ~-, ·ï·
j", j. J. --L ~:J ~. ./ ,- '.,J -' ~ :'-, ".' ~"J':":"'..L .
Old School Square. Inc.
Atlantic Avenue at Swinton
Delray Beach, Florida 33444
(407) 243-7922
..
MEMORANDUM
To: David T. Harden
City Manager
From: Joseph M. ~
Finance Direc 0
Date: October 7, 1993
Subject: Audit of Old School Square
In correspondence dated September 3O, 1993, Mr. Alan Armour,
Chairman of the Board for Old School Square, requested that the
City approve a change from a "full audit" to a "review audit" in
order to reduce their operating expenses from $18,500 to $6,000.
First, it mus t be realized that the $18,500 was for an eighteen
(18) month full audit and not a traditional twelve (12) month
audit. Therefore, it would be assumed that a "full audit" for
the current fiscal year would be approximately $12-$14,000 so
management could assume a savings of $6-$8,000 by changing their
requirements to a "review audit".
Second, there were numerous comments resulting from the prior
year audit with specific emphasis on several internal control
deficiencies. with the current budget document projecting a
substantial increase in admissions and sales, the concern would
be that the attendant cash transactions would have strong
internal controls for the collection, processing, and balancing
of cash. This would be extremely important since any infraction
could potentially impact the reputation of this non-profit
entity and thereby impact the level of future sales. Even
though the entity has retained the services of a reputable
bookkeeping firm, they can only record and report on the
transactions that are forwarded to them. It is my understanding
that they only report on a cash basis and not an accrual or
modified accrual basis which would recognize outstanding
accounts receivable and pay abIes. This is important in order
for management to determine more accurately exactly where they
stand in regards to their budget forecasts, the accurate status
of grants, donations, and their financial stability.
A "review audit" is admittedly less costly to Old School Square
because this type of audit simply reviews the results of
operations as reported by the entity and its bookkeeper;
whereas, a "full audit" verifies the reasonableness of the
numbers reported and performs evaluations of the internal
control policies, procedures, and actual practices and provides
management comments meant to improve the operations. A "full
audit" is an extremely important tool in seeking out and
marketing donations, grant awards, in financing transactions, in
~ the protection of assets, in improving employee performance, and
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Page 2
Old School Square Audit (Cont'd.)
provides certain protections and assurances to a management
board that is not present on a full-time basis and may not be
technically qualified in the accounting field.
Although the "full audit" would cost $6-$8,000 more than the
"review audit" , we would recommend that Old School Square
continue with the "full audit" for the upcoming fiscal year for
the following reasons:
· Management comments on internal controls from previous years
should be reviewed to determine if they have corrected these
deficiencies
· New bookkeeping firm and new accounting system should be
reviewed to determine if internal controls are in place to
properly utilize these changes
· Management needs to convert to accrual accounting to properly
assess true business condition on a monthly basis
· Management must review all grant documents to assure that an
audit is not required by the entities issuing the grant
· Projected budget reflects substantial increase in cash-
related activity and board needs to be assured that proper
internal controls are in place to report accurately to
outside accounting/bookkeeping firm
· Board needs "full audit" since ass is In development stages
and can utilize this audit to their benefit for marketing,
sales, and grant development activities as well as providing
assurances to prospective donors
It would be possible that Old School Square could convert to a
"review audit" once the accounting systems, procedures, and
practices are in place and confirmed to be working well. It
would still be recommended that a "full audit" be scheduled
every three (3 ) years to retain the benefits as mentioned above.
If there are further comments or questions regarding this
matter, please don't hesitate to contact this office.
cc: Robert A. Barcinski, Assistant City Manager
Milena Walinski, Assistant Finance Director
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER éfJVl
SUBJECT: AGENDA ITEM i \01\ - MEETING OF OCTOBER 12. 1993
REOUEST FOR WAIVER OF CERTAIN PROVISIONS OF THE CITY'S CODE
OF ORDINANCES
DATE: October 7, 1993
This item is before you to consider a request from Aimee Allard for
waiver of Code Section 101.32 to permit approximately 200 people to
assemble on the Municipal Beach on November 25, 1993¡ and Section
30.15(C) to waive the required fee for waiver requests.
Section 101.32 prohibits the assembly of more than 25 persons on the
Municipal Beach at anyone time. The proposed event entails spelling
out "Love Earth" in human bodies along the beach.
This event has been approved for the past two years. However, in both
cases the request was received late thus necessitating the Commission
to declare it an emergency in order to act on the request.
Further, I feel Section 101.32 is overly restrictive and have
requested that the City Attorney's Office review it for possible
modification. I believe that it is appropriate to grant this request.
Section 30.15(C) requires a payment of $100.00 to process requests for
waivers. This fee is used to cover advertising and administrative
costs associated with processing such requests. I do not feel that it
is appropriate to waive this section as it would set a precedence.
Recommend approval of the request from Aimee Allard for waiver of
Section 101.32 pursuant to Code Section 30.15 and denial of the ¡
request for waiver of Section 30.15(C). !
~~~o100~~
Jkkd.- ~~ ~
$/00 F II
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[ITY DF DELIAY BEA[H
100 N'w, 1st AVENUE . DELRAY BEACH, FLORIDA 33444 . 407/243-7000
MEMORANDUM
TO: Cheryl Leverett
Executive Assistant
FROM: Joe Weldon
Director of Parks and Recreation
SUBJECT: Love on the Beach - November 25, 1993
DATE: September 23, 1993
Attached please find a copy 0 f a letter the City received from Aimee
"Sunshine" Allard requesting permission to repeat "Love on the Beach"
(the spelling out of LOVE EARTH in human bodies on the Delray Municipal
Beach) on Thanksgiving, November 25, 1993. As Ms. Allard indicates in
her letter, there have been no problems with this event the past two
years. I recommend City Commission approve this item on their
October 12, 1993 agenda.
~
Parks and Recreation
JW:cp
Ref:clovebch
THE EFFORT ALWAYS MATTERS
01(
ØVJ
,
R£C£IV
ED
David Harden S£p 2 J
City Manager CITy MAN. 199J
Delray Beach, Fl. 'AGE!?', _
Aimee "Sunshine" Allard . OffICE
525 Sunset Road
Boynton Beach, Fl
Mr. Harden,
I wou ld like to request the City Commissions permission to
repeat the "Love On The Beach" public awareness event for the
third year in a row.
This event entailed, if you remember, the spelling out of
"LOVE EARTH" in human bodies, on the Delray Public Beach on
Thanksgiving Day.
I would like to state, for the record, that the last two
years events came off without a single problem, (parking,
traffic, or otherwise! ) As with last year, we expect the event
to last no more than one hour.
I would also like to ask for additional assistance
regarding the procedural advertisement fee. I have recently
become informed as to why this was not applicable the two
previous years and am unable to afford such procedural costs. I
am now so moved as to humbly ask the City Manager and
Commissioners to please wa i ve this fee to further support our
Love Earth event.
Your kindness, understanding, and generosity will not be
taken for granted, I promise. This event would not have, and
will not be possible without your support.
If you have any questions, please feel free to contact me at
.,
(407)734-6739.
Thank you in advance for your consideration in this matter.
Sincerely,
Aimee "Sunshine" Allard
~ "~~ II aøJ<
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM i 105 - MEETING OF OCTOBER 12. 1993
ORDINANCE NO. 55-93
DATE: October 7, 1993
At the September 28th regular meeting, Ordinance No. 55-93 was
deferred in order to afford staff sufficient time to research forming
Special Water Zone Districts and alternative rate structuring. As
additional time is needed, I recommend that the hearing on this
matter be continued further until October 26, 1993. This is an
ordinance amending Chapter 52, "Water" I 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.
As additional background information we have included a graph of
monthly water consumption by block. This may help in determining
appropriate thresholds for higher block rates.
At the September 14th regular meeting, Ordinance No. 55-93 passed on
first reading by a 5-0 vote.
Recommend continuation of the hearing until October 26, 1993.
~~ ~~ I() Ä6/93
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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/SUMMARY
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- offs of water service; 12 months.
Section 52.15. Schedule was added indicating minimum meter size requirements
for commercial water customers based on e&1imated monthly flow.
,
Section 52.3t. 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 liened for unpaid utility bills.
Commercial and irrigation 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 s1ructure. That is, consumers who use greater quantities of water
will pay a gre.ater amount per unit (1 ,000 gallons). Customers who use less
than 4,000 gallons of water per month will have a reduction (100k) of their
commodity charge; $.99 per 1,000 gallons. Customer and capacity charges will
remain unchanged. This is a conservation rate &1ructure preliminar-ily 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 required flow res1ric:tion.
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.
'. '·1 ,~
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LI MEMORANDUM
TO:
FROM: CE DIRECTOR
DATE: SEPTEMBER 21, 1993
SUBJECT: QUESTIONS POSED AT 9/l4/93 COMMISSION MEETING
THERE WERE TWO (2) QUESTIONS REQUIRING FURTHER RESEARCH THAT WERE POSED AT
THE COMMISSION PUBLIC HEARINGS ON THE WATER RATE ORDINANCE. THIS
MEMORANDUM WILL PROVIDE RESPONSES TO THOSE QUESTIONS.
(1) COMPARISON OF DELRAY BEACH RATES TO FT. LAUDERDALE WATER RATES.
DELRA Y BEACH PROPOSED RATES
CUSTOMER CHARGE 1.55
CAPACITY CHARGE 7.62
COMMODITY CHARGE .99 OM- 3M
1.09 4M-12M
1.20 13M-20M
1.33 21M-40M
1.42 41M-50M
1.53 51M-HIGHER
FT. LAUDERDALE RATES
BASE RATE 6.65
COMMODITY 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) QUESTION OF SPECIAL ZONES ALLOWED BY SOUTH FLORIDA WATER
MANAGEMENT
* CITY CAN DO ANYfHING THEY 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
THE CITY DOES NOT PROHIBIT THE DRILLING OF WELLS
THE CITY PROHIBITS SEPARATE VEGETATION METERS FOR SINGLE F AMIL Y
IN THIS ZONE
THE CITY CAPPED THE SEWER AT 12,000 TO ALLOW FOR THIS PROBLEM
"
· - ._.. .-" _.. --.-. ----- u__· _
.-". - _..-. - -
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 (A) " TO CLARIFY WHEN A
WATER CONNECTION IS 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
¡NCREASE 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 (D) TO (D) AND (E) ; BY AMENDING
SECTION 52.36, "CHARGE FOR EACH TIME WATER IS TURNED ON",
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 AMEND ING 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 CHARGE
FOR THE REMOVAL OF A SERVICE LINE, BY ENACTING A NEW
SUBSECTION (G) , "REINSTALLATION OF A SERVICE LINE", TO
PROVIDE FOR A CHARGE FOR THE REINSTALLATION OF A SERVICE
LINE, AND BY ENACTING A NEW SUBSECTION (H) , "DESTRUCTION
OF METER AND/OR RELATED EQUIPMENT" TO PROVIDE FOR CHARGES
IN THE EVENT OF DESTRUCTION OF A METER AND/OR RELATED
I EQUIPMENT; BY AMENDING SECTION 52.50, "RENDERING OF BILLS;
WHEN PAYMENT DUE", TO DEFINE A BILLING CYCLE; BY AMENDING
SECTION 52.52, "RESUMING SERVICE AFTER DISCONTINUANCE FOR
DELINQUENCY", SUBSECTION (A) , TO CLARIFY THE RECONNECT ION
CHARGE; 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, FLORIDAr AS FOLLO~S:
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
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.
section 2. That Section 52.15, "Minimum Size of Meters" , of the
Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to
read as follows:
(A) The minimum size meter to be used at tK. ! residence éf/plát.
ét/~~.trié../ét/á/wát.f/t~.té~éf/ét/tK./tttt shall be as follows:
Size Number of Fixtures
3/4-inch meter Users having seven fixtures or less
l-inch meter Users having eight through 20 fixtures
l-1/2-inch meter Users having from 21 through 40 fixtures
fØl For users having more than 40 fixtures, the size meter shall be
determined by the City wáiéf /Ø.páfi~érii. (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:
'. Meter Size
(Inches) Gallons
3/4 7,500 or less
1 12,525
1-1/2 24,975
2 39,975
3 87,525
4 157,500
6 350,025
Section 3. That Section 52.31, "Connection Charges", Subsection
(A), of the Code of Ordinances of the City of Delray Beach, Florida, is hereby
amended to read a~ follows:
(A) Required. In addition to the meter installation charge, there
j shall be connection charges as fOllows:
I
(1) There shall be a water connection charge of $788 péf for
connection of each residential dwelling unit. Á One residential dwélltriÓ/~riLt
connection is ~ététri defined to be árit/láØllt/ll¡lriÓ/~rili'/árid,/wKét./twé/ét
.- ORD. NO. 55-93
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I ~øtélt~ltléø/átéltl*lrig/øriltMé/ø~é/pté~iøéølléátM/øMátt/~é/tøriøi~étéd/áø/á
øépátáté Itéøidéritlát IdlléUlrig I-J.riltl I Itri lápátt~érit I~-J.it~irigøl Itøri~øitlril-J.itøl
I tøøpétáti*éøl Id-J.ptéiéøl Itéøøtt IdlléUlrig/-J.ril.tøl lári~ /tMé IUXél lári~ Ipét léátM
ttáitét løpáté Il.ri lá Ittáitét IpátXI léátM IU*l.rig I-J.rilt løMáU I~é Itøriøl.~été~ lá
I øépátáté/téøl.déritiátldlléttirig/-J.rilt the connection of one residential dwelling
unit as defined in Section 52.34.
I (2 ) There shall be a nonresidential and irrigation water
connection charge which shall be based on $788 per Equivalent Residential
Connection (E.R.C.). Âilt/~/tl/l.ø/tø~rid/~f/~L*LdLrig/itøritMlf/llátét/tøiøditptl.øri
~fI111.ØØllgátløriøl The following water connection charges are hereby
established for nonresidential and irrigation service:
Meter Size Connection
(Inches) 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
{~II/tMétélløMáttll~éllá/l*égétátløri/lllátétllitététlltøririéttløri
tMátgé/llMitM/øMált/~é/~áøé~/øri/'1ØØ/pét/tqdl.*átérit/~éøl.déritlátltøririéttløril
Section 4. That Section 52.33, "Deposit to Guarantee Payment", of
the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended
to read as follows:
A guarantee-of-payment deposit for all bills shall be made by
each consumer or owner, varying according to the size of the meter in use,
as follows:
(A) Single-family residence:
! ØélSøølt
triøl.dé/ tltf Ø-J.tøl.~é/tl.tf
j
I 'U/ØØ
I ,U/U
I Deposit
- Tenant OWner
Inside City Outside City Inside City Outside City
$100.00 $125.00 $ 75.00 $ 93.75
ORD. NO. 55-93
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(B) Multi-family, nonre~idential, and ~é,ét_tléri irrigation:
Meter Size
(Inches) Inside City Outside Cj,ty
3/4 '/U'ØØ $100.00 '/U'U $125.00
1 U,øø 100.00 U'U 125.00
1-1/2 lØØ'ØØ 150.00 lU'ØØ 156.25
2 lU'ØØ 175.00 U~'U 218.75
3 Uø,øø 200.00 UUtJø 250.00
4 ~U,øø 275.00 ~Ø1'U 343.75
6 ~U,øø 475.00 UtiU 593.75
8 ~U,øø 675.00 tØ1'U 843.75
Section 5. That Section 52.34, "Water Rates", of the Code of
Ordinances of the City of Delray Beach, Florida, is hereby amended to read a.
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 costs
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.
I
I (2) "COMMODITY CHARGE." The charges calculated to cover the
I 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,
I 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) "RESIDENTIAL DWELLING UNIT." Ârit/t~llt/ll~lri~/_rilt'/_rid'
wKété /twé /ét /ilété /t~lUé~ /_té Ill'Uri, /éri /tKé /~~é /ptéÍll;é;' /é_éK /~K_l1 /)sé
ééri~ldétéd/_;/_/~ép_táté/té~£déritl_l/dwélllrig/~rilt'/Itri/_p_ttÍléritl)s_lldlrig~'
ééridéÍllril_Íl;'/ééépét_tl~é;'/d_plété~'lté;éftldwélllri~1~rilt;'/_ridltKé/ll~é'l_rid
pétlé_éK/ttállét/~p_éé/£ri/_/tt_llétlp_t~¡lé_éKIIL~Lri~1~riLt/~Káll/)sé/ééri.Ldétéd
_ /¡épátáté /té~ldéritlál/dwél1lri~ l_riltlléUépt ItKát /lri /tKé /éá~é /ét /ttá~él
ttállét/pát~~'ltKtéé/ttá~éllttátlétl.páééé/éKáll/~é/éériétdétédltKé/é~t~álérit
ét lérié /téíldéritlál /dwél1lri~ I_rilt Itét /)SUUrig /p~tpéíé¡' One or more rooms
connected together, constituting a separate, independent housekeeping
establishment and physically separated from any other dwelling unit which may
be in the same structure, ,and which contains independent sanitation, living,
cooking and sleeping facilities.
-- ORn. NO. 55-93
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¡ (B) Monthly rates. The monthly rates (except for fire hydrants
set forth in Section 52.03) for water furnished by the water facilities
¡. as
I or plant of the city to customers within and outside the corporate limits
of the city, which unless otherwise indicated shall include the appropriate
customer charges, capacity charges, and commodity charges for all custom-
ere, 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.i ø t t.J Uþ
Zero to 3,000 gallons .99 1.24
¡ 4,000 to 12,000 gallons 1.09 1.36
13,000 to 20,000 gallons 1.20 1.50
21,000 to 40,000 gallons 1. 33 1. 66
41,000 to 50,000 gallons 1.42 1.77
Above 50,000 gallons 1. 53 1.91
Nonresidential and 1é~éiåil~ri Irrigation
Customer charge (per meter) $ 1. 55 $ 1.93
Capacity charge (based upon
meter size):
3/4-inch meter $ 7.62 $ 9.53
1-inch meter 12.73 15.91
1-1/2-inch meter 25.38 31. 73
2-inch meter 40.63 50.78
3-inch meter 88.95 111.19
i 4-inch meter 160.07 200.08
I 6-inch'meter 355.73 444.66
I
I
I
i Commodity charge (all metered
I consumption-per 1,000 gallons): t.J ø t t.JU
I Zero to 3,000 gallons .99 1.24
4,000 to 12,000 gallons 1.09 1.36
13,000 to 20,000 gallons 1.20 1.50
\
21,000 to 40,000 gallons 1.33 1.66
41,000 to 50,000 gallons 1.42 1.77
Above 50,000 gallons 1. 53 1.91
.- ORD. NO. 55-93
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Note: Whenever both residential and nonresidential users are on the same
meter, the capacity charge is to be computed .;/It/~.t~/riÐrif~;ld~ritlál/~;~f/Ðri
t~./~.t.f/~.;/./f~'ld~ritl.l/d~.ltlrií/~rili'/Ðt/.tt/i~é/~'éf'/'~.lt/~é/t~.tí.d
~á;éd/Ðri/t~~/riÐrit~;ldéritl.t/t.~átltf/t~áfí~/f.t~'/~~lt~~~éf/l;/t~~/íf~át~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 conunodity charge
according to the following schedule for all water used in excess 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 charges (annual).
Fire hydrant rental
(per fire hydrant) Charges
Inside city, annually $165.00
Outside city, annually 206.25
! standpipes and sprinklers
charge (per separate system)
Inside city, annually $165.00
Outside city, annually 206.25
ill The customer charges and capacity charges as set forth in this
section shall be due and payable each and every month, for as long as the
meter is installed, regardless of whether or not the meter is actually turned
on or off, and without regard 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 as follows:-
There shall be a servíce charge of $15 for each time water is turned
on, except when the provisions of Section! 52.18 or 52.52 apply regarding turn
on as a result of a shut-off notice.
I
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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
hereby redesignated to be Section 52.38.
section 8. That Section 52.38, "Service Charge for After Hour
Calls"', of the Code 0 f 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 tKé any applicable turn on/turn off
charges pét/~étitéé/éáll shall be made for áll each service call~ made by tKé
ttátét / dépátt16érit city personnel between 5: ocr p.m. and 8:00 a.m. and on
I Saturdays, Sundays and holidays.
I
Section 9. That Section 52.39, "Other Fees", Subsection (E ), "Meter
Reread Charge", Subsection (F) , "Removal of Service Line" , Subsection (G) ,
"Reinstal]"ation of a Service Line", and Subsection (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:
1
I
1 ( E) Meter Reread Charge. There will be a charge of $15 for each
I meter reread requested by a customer. If the meter reading is in error in
i
! 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.
(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 Delray Beach, Florida, is
hereby amended to read as follows:
ill Bills for all water service, including the customer charge,
capacity charge, and commòdity charge, shall be rendered to each customer (the
person whose name the account is in) upon installation of the meter, and on
a monthly basis thereafeter, and shall be due and payable t.sttKttLtK when
rendered.
ORD. 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 i~é/_áiéi/.'é city utility service charges áÓáIri.i
Ii 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 á the five dollar ($5.00) penalty for late payment ári.I'~.i~tt
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.
¡ Section 14. That all ordinances or parts of ordinances in conflict
I herewith be, and the same are hereby repealed.
I
Section 15. That this ordinance shall become effective OCtober 1,
1993.
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
" ORC. NO. 55-93
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER tJ?1
SUBJECT: AGENDA ITEM # 10 e - MEETING OF OCTOBER 12. 1993
ORDINANCE NO. 56-93
DATE: October 7, 1993
At the September 14th regular meeting, Ordinance No. 56-93 passed on
first reading by a 4-0 vote.
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.
Subsequently, we have received a proposal from the Environmental
Services Department to further modify this ordinance. As these
changes can be handled separately, I recommend that Ordinance No.
56-93 be approved as written.
Recommend approval of Ordinance No. 56-93 on second and final
reading.
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TO: David T. Harden,
city Manager ~
FROM: William Greenwood, q-PD
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 permit 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 40l.ll)
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 Safford. Director of Finane
DATE: May 24, 1993
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SUBJ ECT:'Sewer Service Charaes-ordlnance Revision
Due to the recent volume of customer complaints regarding sewer seNtce
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 provided 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 seNtce Is provided and the user Is not connected to the
sanitary sewer system. and sewer seNtce 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:1 cnange will result In a better public polley 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:
Sect ion 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. wK.t. Ii·"') ItJt IÍltJt. Itáillll... lát. 1ll.';l.riÓ ItJri liK. l.áiI.
pt.ÍlI....'I.átK/.KÁll/~.lttJri.L~.t.~/itJ/~./Á/..pÁtái.lt..1.~.riil.ál/~~.lll.riÓ/~ril.it
tri/ápátiÍl.rii/~~l.l~l.riÓ.'lttJri~tJÍll.ril.~ÍI.'lttJtJp.táil.';..'/~~pt.i..'lt..tJti/~~.tll.riÓ
~ril.ilttJÍlpt.i..'/ÍltJi.t.ltJtIKtJi.t.'/ári~/iK.ltl.~./ári~/ttJtl.áéKlitál.t.tl.páé.ll.ri/Á
itÁll.t IpÁt~1 l.áéK 1t1.';l.riÓ I~ril.t. I.KáU I~. IttJri.I.~.t.~ lá I..pátái. It..I.~.riiI.Ál
~~.Ul.riÓ/~ril.i 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 connection 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 follows:
.
Estimated Flow in Gallons per Month
ERC Units = 7,000
ORD. NO. 56-93
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Where an estimated flow is not available the following formula shall be used I
I
with reference to the standard Plumbing 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) "RESIDENTIAL DWELLING UNIT." One or more rooms connected
together, constituting a separate, independent housekeeping establishment and
physically separated from any other dwelling unit which may be in the same
structure, and which contains independent sanitation, living, cooking and
sleeping facilities.
(B) 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
ORD. NO. 56-93
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._-.._._.~~~..~ ---. _.... __.. ..n ".__ ._._~----_.__._-- .-.-..-.-....,....-.-.. .. ~..., .,------_.._--~._._-._--~-- --.---...--.-.--
- _n"_ '-.- .
(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
I
·South Central Regional Wastewater Treatment i
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
1-inch meter 12.73 15.91
1-1/2-inch meter 25.38 31. 73
2-inch meter 40.63 50.78
3-inch meter 88.95 111.19
4-inchmeter 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
1 ORD. NO. 56-93
.. ',I .,~ ;
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_.____._^u.._____._ ...._--"._-,-._~_. --- ,"--., .~,._..- "----'-_.. - _.'. ---.--. .---
Note: For those nonresidential/commercial units where water service is not 1
available, and the user is connected to the sanitary sewer system or sewer i
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. i
¡
I
(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:
i
(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.
sect ion 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.
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
ORD. NO. 56-93
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERt0- ¡
SUBJECT: AGE~DA ITE~ : IV~ - ME~¡I~ OF OCTOBER I.. 1993
SUB TITUTE 0 DIN CE NO -
, t:tð
DATE: October 7, 1993
This is the second reading of a substitute 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.
At the September 28th regular meeting, Substitute Ordinance No. 51-93
passed on first reading by a 3-1 (Dr. Alperin dissenting) .
Recommend approval of Substitute Ordinance No. 51-93 on second and
final reading.
~ I(JÞb{9~
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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:
..!.ill 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. SI-93
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID ~. HARDEN, CITY .MANAGER
~J-~~~ó-'-"¿'~"'"
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 1 imi ted 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 LDRs is justified.
A N A L Y S I S o 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.
"
..
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. lot. 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).
"
· -
city Commission Documentation
First Reading: LDR 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 D E D ACT ION:
By motion, approval of an ordinance, which enacts the language
as recommended herein, on first reading.
Attachment:
* Ordinance by others.
DJK/CCWASH2.DOC
'.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM :It \DE - MEETING OF OCTOBER 12. 1993
ORDINANCE NO. 59-93
DATE: October 7, 1993
This is the second reading of an ordinance amending the Land
Development Regulations by amending Section 4.3.3, "Special
Requirements for Specific Uses", by deleting Subsection (SL
"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 second and final reading.
~
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--_._--- --".- -"-' "---"-"-'. . ~ ._, --- - --.."--,..-.---.
_ _U.h ._ __, _4~"__ _~ . . ---'- - '---' .--"......-. ..- -
ORDINANCE NO. 59-93
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
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
i objectives and policies of, the Comprehensive Plan.
i
I NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
I
¡ 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
I Regulations of the Code of Ordinances of the City of Delray Beach,
I Florida, is hereby amended by deleting Subsection 4.3.3(S) ,
I "Junkyards", in its entirety.
Section 2. That Chapter 4, "Zoning Regulations", Article
1
! 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) Junkyards'/S~~ðØØt/tØ/gøØtløn/~t3t3~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.
I
I
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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: ~ T. HARDEN, CITY MANAGER
. ~}bUQ¡~
FROM: DA D 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, ~~~8étt tø Séttløn '/3/3(Sl
Attachment:
* P&Z Staff Report & Documentation of September 20, 1993
* Ordinance Provided by Others
'T:CCJUNK.DOC
.,
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PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
FOR
L.D.R. AMENDMENTS
MEETING DATE: SEPTEMBER 20, 1993
AGENDA ITEM: IV.A.
SUBJECT: DELETION OF SPECIAL REGS/PROCESS FOR JUNKYARDS
LDR REFERENCE: Section 4.4.3(S) commencing on page 4325
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 proposed modification is to delete the special
process and requirements associated with the specific use
of Junkyards [Section 4.3.3(S)].
Pursuant to LDR 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.
,.
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 AMENDMENT
The proposed amendment is the deletion of Section 4.3.3(S) 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, ~ø~8Øtt tø 8øttlø~
'/3/3(81
The definition of "Junk yards " as provided in Appendix "A"
remains unchanged.
A N A L Y S I S
The items provided for in Section 4.3.3(S) and how they will be
affected by the proposed deletion (changes) are as follows:
· Definitions: Essentially retained in Appendix "A".
· Special Permit: to be obtained from the City Commission is
deleted. Permission to establish the use would occur only
through the conditional use provisions.
· Area Requirements: 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.
· Screening: 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.
· Application Forms: The reference special permit forms would
not be applicable and the conditional use petition would be
required.
'.
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 use. 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.
ALTERNATIVE ACTIONS
L Recommend denial in that the deletion of Section 4.3.3(S)
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 permit
provisions;
c) other reasons, as you specify.
'.
P&Z Staff Report
Deletion of Special Regs/Process for Junkyards
Page 4
R E COM MEN D E D ACT ION
By motion: recommend to the City Commission that Section
4.3.3(5) be deleted and, that appropriate modifications be made
to Section 4.4.20(D)(lO) based upon a finding that such an
action furthers the Comprehensive Plan through streamlining of
regulations. W
Report prepared b__ M~o.-ð Date'tJ4~~
Report reviewed by: Date
Attachment:
* Current text of Section 4.3.3(5)
DmpZJUNK
'.
Section 4.3.3 (5)
(S) Junkyards: For the purpose of this subsection, the
following definitions shall apply:
(1) Automobile graveyard: 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 establish8ents: 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 premises: 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 pne
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
~
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 premises: 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 fl^-1
SUBJECT: AGENDA ITEM i lDf - MEETING OF OCTOBER 12. 1993
ORDINANCE NO. 60-93
DATE: October 7, 1993
This is the second 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 provisions 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 second and final reading.
~~
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I ORDINANCE NO. 60-93
I
I AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
i .DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING
I
j 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
I PROVIDE FOR THE CONSOLIDATION OF REGULATIONS
REGARDING ALLOWABLE OUTSIDE USES AND OUTSIDE STORAGE;
i 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) " ,
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
I 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 . 31 7 4 (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 ~étéin in (B) below. 't~é//'/lt;é//¢t
t;trbtáqé/ð¢ét;/n¢t//intl'/lðé/áll¢winq/rbt//t~é/p'/l~lit/trb//~ánðlé
þtrbt'/lttt;/¢t/t¢t/t;á¡ét;/rbt/t'/lt;trb~ét/tétiité/t¢/~é/áttrb~¢~áté~
In/á/ttrbtáqé/átéál
(2 ) Certain c~onditional uses that are allowed
I within commercial, industrial, and mixed use districts can
be characterized as outside uses. Such operations may be
I conducted outside ~'/lt//~át//~é//t¢ntiti¢né~ 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
I a use may be conducted outside, pursuant to the restrictions
I listed in Section 4.6.6(C) below.
1 (1) Off-street parking
(2) Refuse and service areasJ/~øwéiétl/t;~i~/~té~t
~'/lst/~é/é~i¡øsé~//ø~/t~téé/si~ét;//~~~/~áié/iisiøn//ø~s¢Ýlti~~
~ité$/ø~/t~é/tøÝltt~/si~é//Ýln¡é$$/tÝli~/~téi$/ité/nøt//iisi~lé
ttøm/~ný/~~~iiént/~~~¡ii/tí~~tføtfw~ýl
(3 ) Storage of nursery plants
I (4 ) Fruit and vegetable displays
I
I (5 ) Signage
I
(6 ) Outside dining areas w~é~/~/~átt/øt/~
¡
I téttá'/ltánt
¡
I (7 ) Loading and unloading of materials
¡
I
(8 ) Outsid~ storage where specifically permitted
I within a zoning district
I
-
¡
I - 2 - Ord. No. 60-93
I
I
I
I
j
¡
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I
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_.--- - - ._--_._.~,- '-~-'~' .-.-,.--...-.....- -.-. -.---'
.~--- ._~-~.. "'.- -.'-'... 1
( 9) Activities associated with outside
conditional uses, pursuant to (A) (2) above
(10) Retail displays
(C) Restrictions on Outside Usage: ~~t~tl//Øispl~ts
Øñtsi~~'///t~t~il//ñs~s//~~ý//~ispliý//~~t¢~i~~is~//øñtsi~~¡
4dð4té6t/t6/t~~//»~íldí6é/t66t4í6í6é/t~~//~'í6/~.é/~p66//t~~
f6116wí6é/¢66dítí66.'
(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 adjacent public right-of-way. ^6//ø¢¢~p~tïø~il
li¢~~s~/~is/~~~~/ø~tii~~~/~ll.t~~/~ñ.i~~ss/~i~i~~/t~~/~ispl~t
ftø~/t~é/Ð~íl~i~é/Ø~p~tt~~~ti
(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. Ñølldisplillwlllll~~/p~t~itt~~llø~
p~»li¢/tïé~ts~øt~w~t¡/øt/~t~~s//ñs~d/føt/p~»li¢/inét~ss/Ii~~
~ét~ss/w~~t~~t/p~»li¢/øt/ptiw~t~/ø~~ts~ïpi
( 3) Outdoor retail displays. t~~/tlt~/Ø~p~tt~é~t
I ~iý/té~ñit~/t~~/té~øwil/øt/~ø~ifi¢~tïø~/øtlø~tsl~é/I~isplits
i
I ~pø~/¢tïttén//øt~ét¡/w~én//s~¢~/~ispl~rsl/ptéwé~t/øt/Ii~pé~~
I i~~~~~t~/i~étéss/~~~/é~téss/føt/é~ét~é~týlwé~i¢lési
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 conducting the main
I 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
I ( 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
I "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.
Æ'Y//Øítpláý/ít/pøtmíiiø~/ø~Iý/ipø~/ptøpøtiý/ø~ø~
øt/lø~tø~/~ý/t~ø/~~tí~ø$t/iø~~úití~~/t~ø/m~í~/~tø'
Æ$Y//}./má*ímWA/øt/1.Ø~/øt/t~ø/tc,qú~tø/tøøt~~ø/øt/t~ø
í~iøtíøt/øt/t~ø/~úíI~í~~/iø~t~í~í~~/t~ø/mÁí~/útø/mÁÝ/~ø/útø~
tøt/øittí~ø/~ítpIÁÝ'
j Æ6Y//1~ø/~ítpláý/~tøÁ/í$/t~ø~/ø~/Á~/Ápptøwø~/títø
~~~/~øwøløpmø~i/plá~'
! Æ1Y//Øút~øøt//tøtáíI//~tøá¡//tøt//tálø//øt//líwí~~
pI~~tt¡/~i/~úttøtíø$/Á~~/~Át~ø~/t~øpt/wíi~/t~ø/ptøwítø//t~át
! ø~øf~ált/øt/t~ø//~tøú~~/~tøÁ//~øwøtø~/tø/túi~//útø/t~áII//~ø
i ¢ø~tí~øtø~/Át/ytløøt/~tøáy//tøt/t~ø/pútpøtøt/øt//iÁliúIátíá~
I
á~~/ptøwl~í~~/øáftítø/pát~íá~'
i Section 2. That Chapter 4, "Zoning Regulations", Article
i 4.4, "Base Zoning District", Section 4.4.19, "Mixed Industrial and
t
I Commercial (MIC) District", Subsection 4.4.19(C), "Accessory Uses and
Structures Permitted" , and Subsection 4.4.19(G) , "Supplemental
I District Regulations", of the Land Development Regulations of the Code
of Ordinances of the City of Delray Beach, Florida, are hereby amended
to read as follows:
I (C) Accessory Uses and Structures Permitted: The
following uses are allowed when a part of, or accessory to,
the principal use:
! (1) Parking lots
I
I
(2 ) Refuse and service areas
(3 ) provisions or services and repair of items
incidental to principal uses.
- 4 - Ord. No. 60-93
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~'''~-
(4 ) Storage . of inventory, equipment, or
materials, élt~ét within t~é/sá~é a structure ás/w~été//t~é
þtl~tlÞál/~sé/ls/tø~ð~ttéð/øt/l~/á/1éÞátáté/stt~tt~té/ø~/t~é
~á~é/Þáttél or in an approved outside location.
(G) Supplemental District Regulations: The
supplemental district regulations as set forth in Article
4.6 shall apply~ éitépt/~s/~ø~ltíé~//~~~/~~~é~/p~ts~~~t//tø
tl'iø/tølløwí~ifJ'
AIY//Ø~tsí~ø/støt~ifJé/~~ý/~é//álløwé~/ø~lý/í~//té~t
t~tø$/~iøltl'iø~l/ø~lý/wl'iø~/$ttøø~é~llttø~/ýíéwlttø~II~~~~tø~t
ptøpéttíé$/~iø/p~~lít/tí~l'itstøftw~ý/íi/~/ø~iiøt/~pptøÝéø//~ý
tl'ié¡gíté/Pl~~/~éýíéw/~~~/Åppø~t~~té/ßø~t~,
AlY//l~ø~sttí~1//øpøt~tíøis//sl'i~11/I~é///tø~ø~ttéø
w~øl1ý/wítl'iíi/~i/éitløséø/~~ll~í~~/éitépt/tøt/~~lø~øíi~//~iø
løáøí~~/øf/~~tétíál$/~iø/ø~tsíøølstøtá~éi/í~tl~øí~ifJ//$tøtí~é
øt/ýél'iítlési/p~ts~~it/tø/A~YAIY/~~øýé'
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. éitépt/~s/~øøítíéø//~~ø/~øøéø/p~ts~~~t//tø
tVtø/tølløwí~ifJ' -
AIY//Ø~tsíøø/støt~ifJé/~~ý/~él/álløwéø/ø~lý/í~//tø~t
ý~tøs/~~ø/tVté~//ø~lý/wVtø~/$ttøé~é~//ttø~/ýíéw/ftø~/I~~~~té~t
ptøpøttíé$/~iø/¢~~litltiifJl'itstøftw~ý/íi/~/ø~~iét/~¢ptøÝéøll~t
tVté/gité/pl~~/~éýiéw/~~ø/Åppé~t~ité/ßø~tø'
AlYI11~ø~sttí~11/løpét~tíøisllll~ssøtí~téøllllwítl'i
ptíitipál/~sé$/sVt~11/~é/tøiø~ttéø/wl'iøl1ý/wit~íi/~~//é~¢løséø
~~lløi~i/éitépt/tøt/~~lø~~í~~//~iø/lø~øi~i/øf/ø~tétiíls//~iø
ø~tsíøø/støt~~éilii¢l~øí~ilstøt~ié/øf/~~tø~ø~ílétillp~ts~~it
tø/A~YÆ1.Y/~~øýé'
- 5 - Ord. No. 60-93
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Section 4. That Chapter 4, "Zoning Regulations", Article
4.4, "Base Zoning District", Section 4.4.21, "Community Facilities
(CF) District", Subsection 4.4.21(C), "Accessory Uses and Structures
Permitted"~ and Subsection 4.4.21(G), "Supplemental District
Regulations", of the Land Development Regulations of the Code of
Ordinances of the City of Delray Beach, Florida, are hereby amended to
read as follows:
(C) Accessory Uses and Structures Permitted: The
following uses are allowed when a part of, or accessory to,
the principal use:
(1) Parking lots and garages
(2) Service and refuse areas
(3) Cafeterias, snack bars, restaurants, exercise
facilities, etc., when contained in the same structure as
the principal use.
(4) Storage of inventory, equipment, or
materials, within a structure or in an approved outside
location.
(G) Supplemental District Regulations: The
supplemental district regulations as set forth in Article
4.6 shall apply. ét¢~~t/i$/møâiti~â//i~â/iââøâ/~~t~~i~t//tø
t~~/tøXXøwí~~t -
~lY//Ø~tšiâ~/štøti~ø/miý/~ø//iXløw~â/ø~lý/í~//t~ii
ýitø$/i~ø/t~ø~//ø~lý/w~~~/$¢i~~~øâ//ttøm/ýiøw/tiøø//iâ~i¢~~t
ptø~øttíø$/i~ø/p~~li¢/tí~~tšføtfwiý/í~/i/mi~~øt/ipptøÝøâ//~ý
t~é/Zíté/fli~/~éýíéw/i~â/Å~~~iti~¢é/~øitâ'
Section 5. That Chapter 4, "Zoning Regulations", Article
4.4, "Base Zoning District", Section 4.4.25, "Special Activities
District (SAD)", Subsection 4.4.25(G), "Supplemental District
Regulations", of the Land Development Regulations of the Code of
Ordinances of the City of Delray Beach, Florida, is hereby amended to
read as follows:
(G) Supplemental District Regulations: The
supplemental district regulations as set forth in Article
4.6 shall apply except as modified by the following:
- 6 - Ord. No. 60-93
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,.._., ,_" ____....._ _"__.v_.~_·_ . . .,__."_H_ __
.---
~ty//Ø~t$i~ø/$tøti~ø/miý/~ø//illøwø~/ø~lý/i~//ié~i
ý~iøs/i~ø/t~ø~//ø~lý/w~ø~/siiøø~ø~//fiøm/wíøw/tiøm//~~~i¢érit
piøpøitíøs/i~ø/p~~lii/ií~~t$føffwiý'
~'}.y Parking and loading requirements (number of.
space s) 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 0 f , 1993.
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
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- 7 - Ord. No. 60-93
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: T. HARDEN, CITY MANAGER
THRU: ~~~
DEPARTMENT OF PLANNING
,
DIANE DOMINGUEZ~ ,
FROM:
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 sectioRs there are numerous inconsistencies
as to where outside uset~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 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
"
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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.
R E COM MEN D 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 re: Allowable Outside Uses
LDR REFERENCE: Section 4.6.6 Commercial and Industrial Uses
to Operate Within a Building; 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 LDR 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 permi t ted . Some of the regulations are included within the
individual zoning districts, and some are addressed in LDR
Section 4.6.6, Commercial and Industrial Uses to Operate Within
a Buildinq. 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 AMENDMENT
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 Buildinq
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), 4.4.2l(G), 4.4.25(G),
Supplemental District Regulations--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 (C) 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 districts (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 (MIC
zoning district)
As with the CF district, outside storage is permitted in
the MIC 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.
ALTERNATIVE 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 .=t{ ( 7(! 3
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