11-09-93 Regular
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DElRAY lEACH
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CITY OFDELRAY BEACH. FLORIDA - CITY COMMISSION REGULAR MEETING ,
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NOVEMBER 9, 1993 - 6:00 P.M.jPUBLIC HEARING - 7:00 P.M.
COMMISSION CHAMBERS
1993
The City shall furnish appropriate auxiliary aids and services where
necessary to afford an individual with a disability an equal
opportunity to participate in and enjoy the benefits of a service,
program, or activity conducted by the City. Please contact Doug
Randolph, (407) 243-7127, at least twenty-four (24) hours prior to the
program or activity in order for the City to reasonably accommodate
your request. I
RULES FOR PUBLIC PARTICIPATION I
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 busine.ss meetings and the right to limit discussion
rests with th~ Commission. Generally, remarks by an individual will I
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. I
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: i
Any citizen is entitled to be heard concerning any matter I
within the scope of jurisdiction of the Commission under this i
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, I
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
it'em. 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 addre s s for the I
record. All comments must be addressed to the Commission as a body I
and not to inq,ividuals. Any person making impertinent or slanderous
remarks or who becomes boisterous while addressing the Commission
shall be barred by the pres~ding 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
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11/9/93 I
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APPELLATE PROCEDURES l
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 I
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 I
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the testimony and evidence upon which the appeal is to be based. The ,
City does not provide or prepare such record. I
AGENDA
1. Roll Call. I
2. Invocation.
3. Pledge of Allegiance to the Flag.
4. Agenda approval.
Action: Motion to approve.
5. Approval of Minutes:
Regular Meeting of October 26, 1993
Special Meeting of November 2, 1993 j
6. Proclamations:
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A. Poppy Week - November 8 through 12, 1993. I
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B. 75th Anniversary of the Armistice of World War I - November I
11 , 1993.
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C. The First Annual David Ben-Gurion Week Celebration - November I
14 through 21, 1993.
D. National Bible Week - November 21 through 28, 1993. i
7. Presentations: None. I
8. Consent Agenda: City Manager recommends approval.
A. EMERGENCY MANHOLE REPLACEMENT/HAMLET DRIVE: Approve the I
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emergency repair of Sanitary Manhole 3A on Hamlet Drive and the I
award of contract to Southern Pipeline, Inc. in the amount of
$10,490 with funding from Water and Sewer Renewal and
Replacement - Manhole Rehab (Account No. 442-5178-536-61.84).
B. APPROVAL OF AND AMENDMENTS TO THE COMMUNITY REDEVELOPMENT
AGENCY SUBSIDIZED LOAN PROGRAM AGREEMENTS: Approve subsidized
loan agreements with the CRA, Barnett Bank and AmTrust Bank for
participation in the CRA's interest free loan program; and an I
amendIl\ent to the subsidized loan agreement with First Union
(third amendment), Banyan Bank (first amendment) , Barnett Bank
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City Commission I
. Regular Meeting I
11/9/93 r
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and AmTrust Bank which deletes inventory, furniture, fixtures and
equipment from business loans. I
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C. RESOLUTION NO. 104-93: Approve a resolution authorizing the
Community Redevelopment Agency to the purchase certain real
property located at N.W. 5th Avenue and Martin Luther King
Boulevard.
D. RESOLUTION NO. 101-93: a resolution requesting that the ~
Clinton Administration and Congress pass meaningful legislation
to end the practice of unfunded mandates, and to include in any
future mandate, provisions requiring local government input,
cost/benefit analyses and scientifically sound assessments of
purported health, safety, or environmental risk, and proclaiming I
October 27, 1993 as, "Unfunded Mandates Day" , in observance of I
National Unfunded Mandates Day.
E. RESOLUTION NO. 103-93: A resolution extending the sunset
date for the Swinton Avenue Task Team from March 12, 1993 to
September 30, 1994. !
F. AGREEMENT WITH FLORIDA POWER AND LIGHT: Approve a Commercial
Industrial Load Control Agreement with Florida Power and Light
for the Water Treatment Plant.
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G. ACCEPTANCE OF SETTLEMENT OFFER: Accept an offer to settle
Shaw vs. Goff and Wagner.
H. REOUEST FOR FINAL PAYMENT/HAZEN AND SAWYER: Approve a
request for final payment from Hazen and Sawyer in the amount of
$2,858.79 for completion of a study and report of the preliminary
design criteria for the proposed stormwater pump stations on the
barrier island; with funding from Stormwater Utility Fund
Engineer/Architect (Account No. 448-5411-538-31..30). -
I. EASEMENT AGREEMENT/DRUG ABUSE FOUNDATION: Approve an
easement agreement with the Drug Abuse Foundation which provides I
that the Drug Abuse Foundation will provide an easement across
its property in order to allow for the installation and
maintenance of utilities; and, in return, the City agrees to I
return any areas disturbed by the installation or maintenance of I
the utilities to their original condition.
J. DEOBLIGATION OF COMMUNITY DEVELOPMENT BLOCK GRANT RENTAL
REHABILITATION FUNDS: Deobligate the $53,760 of CDBG Grant
Funding approved with Bid Award 93-31 for Dr. Virgil Norris'
property located at 11-27 S.W. 2nd Avenue.
K. RIGHT OF ENTRY AND LICENSE AGREEMENT: Approve a right of
entry and license agreement with Berkshire by the Sea
Condominiums in conjunction with the Master Booster Station i
project. I
L. RESOLUTION NO. 102-93: A resolution assessing costs for
abatement action required to remove junked and/or abandoned
vehicles on 10.properties located within the City. I
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City Commission
Regular Meeting
11/9/93
M. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT
AND DISPOSAL BOARD ACTIONS OF OCTOBER 21- 1993: Ratify the
actions taken by the SCRWTD Board at their meeting of October 21,
1993.
N. GRANT AGREEMENT/PALM BEACH SPORTS AUTHORITY: Accept a grant
in the amount of $25,000 from the Palm Beach County Sports
Authority to help defray the City's expenses associated with the
Virginia Slims Tennis Tournament to be held February 26, 1994
through March 6, 1994; and authorize Mayor to execute the
associated grant agreement.
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O. AWARD OF BIDS AND CONTRACTS:
1. Maintenance Agreement - Air Scrubbers at Lift Station
Nos. 1, 4, 11 and 80 - Davis Water and Wastewater !
Industries, Inc. in the amount of $24,000 with funding from
Water and Sewer Lift Station Maintenance-Chemicals (Account
No.441-5144-536-52.21). i
2. Water Meters - Water/Sewer Network - Sunstate Meter and \
Supply, Inc. (via City of Boca Raton Bid) in the estimated
annual cost of $73,000 with funding from Water and Sewer
Fund Renewal and Replacement - Water Meter Replacement
Program (Account No. 442-5178-536-61.81).
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9. Regular Agenda: I
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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 I
and the Historic Preservation Board during the period October 25,
1993 through November 5, 1993.
B. REOUEST FOR CONDITIONAL USE APPROVAL/SOUTH FLORIDA
SANITATION: Consider a request for conditional use approval to j
establish a resource recovery facility in the Mixed Industrial ,
Commercial (MIC) zone district, located north of N.W. 1st Street,
between N..W. 18th Avenue and the CSX Railroad. Planning and
Zoning Board recommends approval, subject to conditions.
C. SETTLEMENT OFFER: Consider an offer of settlement in the
amount of $80,000 from Roy M. Simon, AIA for alleged breach of
contract by the City with regard to architectural services for
the Tennis Center/Stadium project. !
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D. AWARD OF BIDS/TENNIS CENTER PHASE II: I
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1. Service Authorization/O'Brien, Suiter and O'Brien, Inc. :
Consider a service authorization to the contract with
O'Brien, Suiter and O'Brien, Inc. in an amount not to exceed
$1,900 for surveying services in conjunction with the Tennis
Center/Stadium Phase II project; with funding from General
Construction Fund - Tennis Center/Stadium Phase II (Account
No. 334-4145-572-63.42). City Manager recommends approval.
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City Commission
. Regular Meeting
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2. Bid Award/Johnson-Davis, Inc. : Consider awarding the i
bid for relocation of underground utilities at the Tennis !
Center/Stadium to Johnson-Davis, Inc. in the amount of
$23,565; with funding from General Construction Fund -
Tennis Center/Stadium Phase II (Account No.
334-4145-572-63.42). City Manager recommends approval.
E. REVISED CAPITAL IMPROVEMENT PROGRAM FOR STORM WATER UTILITY
FUND: Approve a revision to the Capital Improvement Program for ,
the Storm Water Utilities fund projects which reallocates funding
for certain projects. City Manager recommends approval.
F. RESOLUTION NO. 105-93: A resolution authorizing the City to
purchase from Norman Blood, Jr. and Carolyn Blood, approximately
5.93 acres of land to be used as a municipal park; said land
being located south of the intersection of Germantown Road and
Linton Boulevard. City Manager recommends approval.
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G. SERVICE AUTHORIZATION NO. 5/ECKLER ENGINEERING: Consider a
service authorization in the amount of $15,709.20 to the contract
with Eckler Engineering for engineering services in conjunction
with the Rehabilitation of Lift Station Nos. 3, 9, 10, 15, 83, 88
and 105; with" funding from Renewal and Replacement - Lift Station
Conversion to Submersible .,,(Account No. 442-5178-536-61.83). City
Manager recommends approval.
H. SERVICE AUTHORIZATION NO. 15/HAZEN AND SAWYER. p.e. :
Consider a service authorization in the amount of $34,121 to the
contract with Hazen and Sawyer, P.C. for the engineering services
in conjunction with the N.E. 3rd Avenue/Decaries Street Water
Main Extension project; with funding from 1993 Water and Sewer !
Bond - Water Main N.E. 3rd Avenue (Account No.
440-5179-536-63.58). City Manager recommends approval.
I. SERVICE AUTHORIZATION NO. 7/GEE AND JENSON: Consider a
service authorization to the contract with Gee and Jenson in the
amount of $5,600 to provide a Pre-Hurricane Analysis of various
municipal facilities; with funding from General Construction Fund I
- Buildings (Account No. 334-6112-519-62.10) and Miscellaneous
Buildings (Account No. 334-6111-519-62.10). City Manager I
recommends approval. I
J. SERVICE AUTHORIZATION NO. 11/CH2M HILL: Consider a service i
authorization to the contract with CH2M Hill in the amount of i
$168,781 for engineering services in conjunction with the
development of the Morikami Park Wellfield and extension of raw
water mains from the wells along Jog/Carter Road; with funding
from 1993 Water and Sewer Bond - Morikami Park Wells (Account No.
440-5179-536-63.61). City Manager recommends approval.
K. APPOINTMENT TO THE CIVIL SERVICE BOARD: Appoint an alternate
member to the Civil Service Board to fill the unexpired term of
Armand Mouw ending July 1, 1994.
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L. CITY MANAGER'S EVALUATION: I
M. CITY ATTORNEY'S EVALUATION:
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. City Commission
Regular Meeting \
11/9/93 I
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10. Public Hearings:
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A. ORDINANCE NO. 61-93: An ordinance repealing Ordinance No.
56-93 which amended 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 and enacting a new ordinance to correct the rate I
structures and effective date. 1
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B. ORDINANCE NO. 62-93: An ordinance annexing the Sunset Pines "
Condominium, Discount Auto Parts and Spodak Medical Center wi th
initial City zoning of RM (Multiple Family Residential), NC
(Neighborhood Commercial) and POD (Professional Office District),
respectively.
C. ORDINANCE NO. 63-93: An ordinance amending Section 4.4.13
"Central Business (CBD) District" of the Land Development I
Regulations to clarify the parking requirements for the Central
Business District. Planning and Zoning Board recommends approval. I
D. ORDINANCE NO. 64-93: An ordinance amending Section 4.6.9,
"Off Site Parking Regulations", of the Land Development I
Regulations by" amending Subsection 4.6.9 (E) , .. In Lieu Fee", to I
revise the in lieu parking fee general provisions, and to revise
the in lieu parking fee to $6,000 per space. Planning and Zoning I
Board recommends approval. ,
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E. ORDINANCE NO. 66-93: An ordinance amending Section 4.2.24 !
"Old School Square Historic Arts District (OSSHAD) , of the Land I
Development regulations to provide for a reduction in the parking
requirements for new development or change in use subsequent to
January 1, 1994. Planning and Zoning Board recommends approval. I
11. C'omments and Inquiries on Non-Agenda Items from the
Public-Immediately following Public Hearings.
A. City Manager's response to prior public comments and I
inquiries.
B. From the Public.
12. First Readings: None.
13. Comments and Inquiries on Non-Agenda Items: I
A. Commission
B. City Attorney I
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C. City Manager
D. Municipal and County Issues
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. CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION
REGULAR MEETING - NOVEMBER 9. 1993 - 6:00 P.M.
PUBLIC HEARINGS - 7:00 P.M.
COMMISSION CHAMBERS
AGENDA ADDENDUM
THE FIRST READINGS PORTION OF THE AGENDA IS AMENDED TO INCLUDE:
A. 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
the water rate structure to an inverted block schedule,
establishing a Conservation Surcharge and adding fees for various
services. If passed public hearing November 23, 1993.
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CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION
REGULAR MEETING - NOVEMBER 9. 1993 - 6:00 P.M.
PUBLIC HEARINGS - 7:00 P.M.
COMMISSION CHAMBERS
AGENDA ADDENDUM NO. 2
THE REGULAR AGENDA IS AMENDED TO INCLUDE:
N. AUTHORIZATION TO SUBMIT SETTLEMENT DEMAND: Authorize the I
City Attorney to submit a settlement demand to Mutual Fire and
Marine Insurance Company which provided insurance coverage to
Aero-Dri (Davey Compressor).
O. EMERGENCY WATER MAIN REPLACEMENT/SEABREEZE AVENUE AND LOWRY
STREET: Approve the emergency replacement of water mains on
Seabreeze Avenue and Lowry Street by Chaz Equipment, Inc. in the
estimated amount of $53,000; with funding from Water and Sewer
Renewal and Replacement (Account No. 442-5178-536-61.78).
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[ITY DF DELAAY BEA[H
100 ~.w. 151 AVENUE DELRAY BEACH. FLDHIDA 33444 407,'243.7000
PROCLAMATION
WHEREAS, the Jewish War Veterans of the U.S.A. is the
oldest veteran organization in the United States; and,
WHEREAS, Jewish War Veterans Post No. 266 of Delray
Beach, Florida, has over 500 members; and,
WHEREAS, the Post's work and fund raising is for all
veterans and their families regardless of race, color or creed;
and,
WHEREAS, the organization's credo is "So that our
veterans should not have fought in vain. We do hereby dedicate
to giving the needy and hospitalized veterans the medicine of hope
and happiness. We are not forgetting".
WHEREAS, in this regard the Delray Post No. 266 is
conducting their annual Poppy Drive for the solicitation of funds
necessary for their important work.
NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City
of Delray Beach, Florida, on behalf of the City Commission do
hereby proclaim the period of November 8th to November 12, 1993
as
"p 0 P P Y WEE K"
in Delray Beach, Florida, in recognition and support of this
annual drive.
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 9th day of November, 1993.
MAYOR
THOMAS E. LYNCH
SEAL
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CITY DF DELRAY BEA[H
''JO 'I :.. ..:... 'i =- 'j ',)t CELR.":"'r t3-:.::.c~ :"'_J81'..)~ 334.4.J.
PROCLA.HA [fU\
WHEREAS, November 11, 1993, commemorates the 75th
anniversary of the Armistice of World War'I, a day of unique
significance in the history of our great nation; and,
WHEREAS, on November 11, 1918, in accordance with
the terms of the cease-fire agreement signed that morning in
the Compiegne Forest, hostilities between the Allies -
United States, Great Britain, and France - and an
adversarial Germany, officially ceased on the eleventh hour
of that day; and,
WHEREAS, this international war, which claimed the
lives of over eight and a half million soldiers, including
126,000 Americans, called upon the population of the United
States to make extraordinary contributions to support the
efforts of its men and women; and,
WHEREAS, the work of volunteer organizations such
as the National Society Daughters of the American Revolution
in organizing relief efforts for European war refugees,
buying war bonds, donating millions of dollars to
war-related service organizations, providing time, money and
materials for the provision of gifts to American personnel,
and sending volunteers overseas to support relief
activities, served as an example of patriotic, national
service; and,
WHEREAS, the end of the conflict vindicated
America indignation over the German use of unrestricted
submarine warfare against neutral countries and other overt
acts of hostility against a nation not yet at war, such as
the Zimmermann Telegram and the sinking of the Luistania;
and,
WHEREAS, since that historic day seventy-five
years ago the United States has continued to flourish as a
free nation, ever mindful of the blessings brought about by
liberty and peace, which must be remembered and preserved by
future generations.
NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the
City of Delray Beach, Florida, on behalf of the City
Commission do hereby proclaim November 11, 1993, as the 75th
anniversary of the Armistice of World War I, now known as
Veteran's Day, and announce my intention to support the
observation of this event on the eleventh hour of the
eleventh day of the eleventh month by a moment of silence in
all schools, workplaces and homes followed by the ringing of
bells in churches and public buildings as a patriotic and
heart-felt remembrance of all those who served and died for
their country.
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 9th day of November, 1993.
MAY 0 R
THOMAS E. LYNCH
SEAL
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[ITY DF DELRAY BEA[H
'ClO', :; . _' ;"'/:::~jL;E DELR";y S::4CL; ,::''--:J~!D~ 33444 .,
PROCL-UfA TIO:\
WHEREAS, David Ben-Gurion, born David Green in
Poland in 1886, was consumed with a rove of Zion that
brought him at the age of twenty (20) to Palestine, where he
labored as one of many pioneers rebuilding the land; and,
WHEREAS, he joined in the first Jewish fighting
force in 2,000 years, the Jewish Legion, in the struggle
against Turkey in World War I, and was temporarily exiled
from Palestine; and,
WHEREAS, he served as the leader of the
Histradrut, as head of the workers party, the Mapai, and as
chairman of the Jewish Agency for Palestine from 1935 -
1948, all key institutions of the Jewish community in
Palestine; and,
WHEREAS, David Ben-Gurion played a decisive role
in the establishment of the State of Israel and was chosen
its first Prime Minister, and in that role calling for the
ingathering of the exiles as a key element of Israel's
existence; and,
WHEREAS, he lead Israel's government until 1963
when he retired to the Negev, to study, to write his memoirs
and the history of Zionism and Israel, and most of all, to
realize his vision that the Negev would be the future of
Israel with an institute of higher studies that would be
"the Yavneh and the Oxford of Israel"; and,
WHEREAS, in 1969, the government of Israel
established Ben-Gurion University of the Negev to fulfill
his vision, even prior to his death in 1973 when he was
regarded as the father of the State by the entire nation;
and,
WHEREAS, the Southeast Region, American
Associates, Ben-Gurion University of the Negev, is dedicated
to fulfill his prophecy and calls upon the Jewish community
of South Florida to memorialize David Ben-Gurion on this,
the twentieth anniversary of his death.
NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the
City of Delray Beach, Florida, on behalf of the City
Commission do hereby proclaim November 14 through November
21, 1993 as
THE FIRST ANNUAL DAVID BEN-GURION WEEK CELEBRATION
in Delray Beach, Florida, and urge all its citizens to be
supportive of the first community wide celebration to honor
the founding father and the first Prime Minister of the
State of Israel.
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 9th day of November, 1993.
MAYOR
THOMAS E. LYNCH
SEAL
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[ITY DF DElRAY BEA[H
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PROCL--tJfA rIO\
WHEREAS, the Bible has been a constant source of
inspiration and moral and spiritual guidance for peoples and
nations throughout the centuries; and,
WHEREAS, the Bible has been a particular beacon
for Americans as evidenced in its profound effect on the
attitudes, beliefs, ideas and principals contained in our
Declaration of Independence and the Constitution of the
United States; and,
WHEREAS, the Bible has greatly influenced our
nation's art, literature, music, laws and sense of charity;
and,
WHEREAS, in this time of financial distress, with
its attendant plights of joblessness and homelessness, many
Americans turn directly to the Bible for comfort and
guidance for themselves and their familiesi and,
WHEREAS, it becomes necessary to educate all
Americans, but especially our youth, to the values that
distinguish a humane and caring society; and,
WHEREAS, for fifty-three years business and
professional people of all faiths have banded together in
the Laymen's National Bible Association to sponsor National
Bible Week as a time to remind all Americans, whatever their
faith, of the Bible's unique place in American history; and,
WHEREAS, this annual emphasis has helped to
strengthen spiritual awareness in the past throughout
America by encouraging personal reading and study of the
Bible.
NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the
City of Delray Beach, Florida, on behalf of the City
Commission do hereby proclaim November 21 to 28, 1993 as
NATIONAL BIBLE WEEK
in Delray Beach, Florida, and urge all its citizens to
participate in its observance by reading the Bible and
discovering its importance in the life and culture of our
nation.
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 9th day of November, 1993.
MAY 0 R
THOMAS E. LYNCH
SEAL
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGE~Di\ ITEM # <6A - MEETING OF NOVEMBER 9. 1993 I
EMERGENCY MANHOLE REPLACEMENT/HAMLET DRIVE
DATE: November 5, 1993
This item is before you to award the bid for emergency replacement of
Manhole 3A located on Hamlet Drive to Southern Pipeline, Inc. in the
amount of $10,490.
The subject sanitary manhole was an older sewer system which had sunk
approximately 1.51. This caused a sink hole in the median of Hamlet
Drive and resulted in restricted sewer flow in the system.
Three (3) quotes for emergency replacement were received. Southern
Pipeline was the low bidder.
Recommend approval of the award of bid for the emergency replacement
of Manhole 3A to Southern Pipeline I rnc. in the amount of $10,490 i
with funding from Water and Sewer Fund Renewal and Replacement -
Manhole Rehab (Account No. 442-5178-536-61.84).
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Agenda Item No.:
AGENDA REQUEST
Date: November 2, 1993
Request to be placed on:
__X__ Regular Agenda
_____ Special Agenda
_____ Workshop Agenda When: November 9, 1993
Description of item (who, what, where, how much): Staff requests Commission
approval of an emergency contract for Southern Pipeline, Inc. , in the amount of
$10,490.00 for emergency sewer main repairs including replacement of manhole 3A
on Hamlet Drive. The funding source for this expenditure is account
#442-5178-536-61.74'. 'ij'f ~
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
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Recommendation: Staff recommends approval of emergency contract for Southern
Pipeline, Inc.
Department Head ~d () @~
Signature: -~..,. -.:s_ _ 1~.4.'Y
Determination of Consistency with Comprehensive Plan:
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City Attorney Review/Recommendation (if applicable)
Budget Director Review (~red on all items involving expenditure of funds):
Funding available: NO
. Funding alternatives (if applicable)
~ Account No. & Description ~(,tZ . ,17ft _~ ~~ f,/ R'f W/$ ev-R. )..1"""1101 G~
Account Balance ~ 2.1S.3"/ .B ?
City Manager Re~:
Approved for agenda: fij/NO ~1
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
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MEMORANDUM
TO: David T. Harden,
City Manager
FROM: Richard C. Hasko, P.E.
Deputy Director of Public Utilities
SUBJECT: EMERGENCY MANHOLE REPLACEMENT
HAMLET DRIVE
DATE: November 2, 1993
Attached is an agenda request with copies of three (3) quotes for
emergency replacement of manhole 3A on Hamlet Drive. The subject
sanitary manhole is in an older sewer system and has sunk approximately
1.5' causing a sink hole in the median of Hamlet Drive and resulting in
restricted sewer flows in the system. The lowest quote for performing
the necessary repairs was received from Southern Pipeline, Inc. , in the
total amount of $10,490.00. The funding source for this expenditure is
'(ilJ17JQ1.84'
Richard C. Hasko, P.E.
RCH: jaf
cc: William H. Greenwood, Director of Environmental Services
Ted Glas, Purchasing Officer
File: Memos to City Manager
Emergency Repairs
a:rhemrhd.doc
'.
.
PUPCHAS I t'IG-OFF I CE 2E:8 P02 [lCT 28 '93 15: 15
4072437166
. o'~ "]: - 2 e - "51 :5 -rHLr 11::5l:5 "rh... 1='.102
(RW . / SOUTHERN PIPELINE, INC.
unUTIES CONTRACTOR
;) ~~ 1~~ 1411 Neptune Drive
Boynton Baeh, Florida 33426
(407) 732-6711
. D ?' C; 'V~\ 11"
/\.0.
City of DelrlY leach Ootober 28,1993
434 S. Swinton Ave..
Delray Beach, Florida 33444
Department of Environmental Services
Ted Gla.s .
project
Bid proposal tor replacement Of existing sanitary manhole.
:; Manhole 3A.
Hamlet Drive
Delray Beach, Florida
1 Precast ManhQle (Delray Beach Spec.)
Cut 10.30
18' 6" D.l.P. Class 52 E/tined
2 8" Fenco Adapters
, 16 Sq. Yds. Asphalt Replacement (If Neeaed)
10 Tons 3/4 Wash Rock
700- SQ.,Ft. Sod Replacement
1 Spr~nkl.r aepair as needed
1 Sewage bypass pumping (While un~er construction)
1 Trucking and Dump ees of wastea ~aterial off site
Manhole Replacement Tota! '1 0,490.00
.
1. Trees roay havG to he trimmed as needed.
2. Cost fo~ city ~nspector to b~ paid by city.
I
--, ~
_~b.~_ ,
Doug 'ox ~
,.
4072437166 PUPCHf=6 I tlG-[lFF I CE 2E:8 P03 [lCT 28 '93 15: 15
- - - ....'" ...... -.... -- .." "... ~.. -". .... " .... .. .'. "'.- ... ~....'...
J - 0 10-28/93POl :38 RCVO
JOHNSON-DAVIS INC. /J)J
HEAVY CONSTRUCTION ~~~ /~ U~OeRG~OUr-tD trrllITleS
004 HIUBRA TH DRIVE
LANTANA, FLORIDA 334e0!
407-QS&-11 ?\)
Octob~ 28. 1993
Mr. Ted Glass
City ofDelra.y Beach
Pucbasing Division
100 N.W. 1st Avenue
Delray Beach, Flodda 33444.
DE: SANITARY l\lANHOLE REl~LACEM:RNT .. RAMLET :DRIVE
Dear Mr. Glass:
As p,~r field meetiog ofOctoLer 28) 1993, we respectfully submit the following
proposal for YOW' consideration.
RElVlOVE AN)) RE:PLA(~E: SANITARY MANHOLE
LU1\.1P StJM. .....___u_._'.... .... ..----.... .... ........... ...._ __... ........... ........ .....$15,200.00
'. SPECIAL PROVISIONS
- cost of permits and fees are not included
- performance bond. premium is not included
"I co~ to rep3ir or replaao priYnM un.m.uk~ wJ..uUWll uLilities or sprlnklers
is not included
If notified by 3:00 p.m.., October 28. 1993 Johnson-Davis Inc. will mobilize
on October 29, 1993 with the project completed by November 5. 1993.
Please contact our office with the results of the bid.
Sn/pmc
..... t
.
407.2437166 PURCHH~3 I HI3-CiFF ICE 2::::8 F'C14 O(:T 28 '93 15: 16
, '
OCT-2e-9~ THU 7:10 CI"jAZ EQUJ:P_ CO.. rNC.. P.02
" ~
1855 Dr. Andre's Way, Unit 5 e ~& /& PH: (40?) 278.4451
Oelray Beach, FL 33445. ~'l> FAX: (407) 278-5149
_ P:20df6-82-0l
PROPOSAL
Di\t t I October 28, 1993
~~ocql~t ~Ub'~Lt'Ji !P-L Work U Sf!. e._.r:.f.p.r.m~f#d BU
City of Oelray Be~Qh HaMlett Development
434 S. Swinton Ayenu& Oelray Beaeh, Flol"'ida
Del,..ey BeaC:h, Fl. 33444 Date of Plans; None
ATTN' Mr'. Ted Glai
W! h.~eby propose to fUY"'nish and install the followinB~
1. 10' - 1~' MANHOLE W/1011 BASE, SOOTS, AND RING AND COVER.
2. REF'L.ACE 2121 L.r OF 8" VCP wlCr~e LF OF 8'1 DIP <E:PQXYLINEO).
J. BV-PASS PUMPIN6~
4, RESTORATION.
5. REMOVA~ FROM SIT~ EXISTING MANHOLE AND (IF NECESSARV
, T~EES> TREES ~RE Nor TO BE REPLACED IF REMOVED.
Tha above work to be pe~formed in eQ~o~d~nce with verbal
infor~atlo" received f~om City Officials at job location.
TOTAL LUMP SUM PRICE-----------------~--Dollal"'5 ($a7.9Eo0.00)
With payment to be made as fol1ows------30 day~ of invoice.
Any alteration or drv1at1on fro~ above sp~cif1cations
involving extra costs will be executed only upon written
or-der-, and will be~ofte an extr-a Qn~~ge oyer and above the
I.timatell All agreements cont1nsent upon strikes, accident!,
O~ delaYG beyond ou~ cQntrol.
R.spectfully sub~itted
/
.
Per -
Notl---Thil proposal M~Y be withdrawn by uS if not ae~epted
within ten (le) day..
ACCEPTANCE OF PROPOSAL
The abovI ~rlo'lt Ipecifie<<tions and conditions are
satilfactory and are hereby accepted. You are authot'ized to
do the wo~k ., spoe1fied. P~YMentl will be made as Q~tlined
tabov..
.
MEMORANDUM
I
I
TO: MAYOR AND CITY COMMISSIONERS I
,
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM i ~6 - MEETING OF NOVEMBER 9. 1993
APPROVAL OF AND AMENDMENTS TO THE COMMUNITY REDEVELOPMENT
AGENCY SUBSIDIZED LOAN PROGRAM AGREEMENTS
DATE: November 5, 1993
This item is before you to take two actions relative to the CRA
subsidized loan program agreements.
The first action involves approving agreements with Barnett and
AmTrust Banks for participation in the CRA f S interest free loan
program. Approval of these agreements will provide additional funding
sources for program participants.
The second action involves amending the agreements with First Union
and Banyan Banks to provide for the deletion of inventory, furniture,
fixtures and equipment from the business loan portion of the loan
program. The agreements with Barnett and AmTrust Banks have already !
been modified in anticipation of your approval.
The City Attorney's office has reviewed the agreements and amendments
and approves them as to form.
Recommend approval of subsidized loan agreements with Barnett Bank and
AmTrust Bankj and, approval of an amendment to the agreements with
First Union and Banyan Banks to provide for the deletion of inventory,
furniture, fixtures and equipment from the business loan portion of !
the loan program.
I
i
~
{)-o
.
,
. Agenda I tem No.:
'AGENDA REQUES~
Date: 11/3/93
Request to be placed on:'
X Regular Agenda Special Agenda Workshop Agenda
When: 11/9/93 .
Description of agenda item (who, what, where, how much):
Aproval of Amendments to the eRA Subsidized Loan Agreements
, & Approval of Two Additional Banks for Participation
ORDINANCEI RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Approval
Department Head Signature. ~&---/~ __ -
P, I ~
Determination of Consistency with Comprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all iteas involving expenditure
of funds):
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review: ~
Approved for agenda: ~NO
Hold Until:
Agenda Coordinator Review:
Received:
'-ction: Approved/Disapproved
'.
MEMORANDUM
TO: DAVID HARDEN, CITY MANAGER , ~
FROM: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT ~
RE: APPROVAL OF AMENDMENTS TO CRA SUBSIDIZED LOAN AGREEMENTS
& THE APPROVAL OF TWO ADDITIONAL BANKS FOR PARTICIPATION
DATE: NOVEMBER 3, 1993
ITEM BEFORE THE COMMISSION:
Approval of two (2) Tri-partite agreements between the City of
Delray Beach, Community Redevelopment Agency (CRA), Barnett and
Amtrust Banks. Approval of Amendment No.3 to the tri-partite
agreement with First Union and approval of Amendment No.2 to the
tri-partite agreement with Banyan Bank. Both amendments delete
inventory, furniture, fixtures and equipment from the business
loan program.
BACKGROUND:
The City Commission approved the original Tri-Partite Agreement
and a Memorandum of Understanding between the City and the CRA on
March 9, 1991. This initial action was with the First Union
Bank. The CRA has since extended the opportunity to other banks
to participate in the program. The agreements with Barnett and
Amtrust banks are, therefore, before you for approval. The
Commission further approved Amendment No.2 to the First Union
Bank agreement at the September 28, 1993 meeting. The CRA Board
has taken further action, deleting items from the "business loan"
program. This action constitutes a third amendment for First
Union and Amendment No.1 for Banyan Bank. The Tri-Partite
agreements for Barnett and Amtrust are consistent with the
Board's action.
RECOMMENDATION:
Staff 1S recommending approval of the Tri-partite agreements as
proposed for Barnett and Amtrust Banks. Approval of Amendment
No.3 to the First Union agreement and Amendment No.1 of the
Banyan Bank agreement. The City Attorney has reviewed and
approved the agreements for consistency.
LB:DQ
Attachments
DQ1 CRA2.Agr
..
CD Community
Redevelopment
-a Agency
Delray Beach
MEMO TO: Susan Ruby, City Attorney
Lula Butler, Director of Community Improvement
FROM: Chris Brown, Executive Director w---
DATE: November 3, 1993
RE: eRA Subsidized Loan Agreement
Susan and Lula:
I have asked the City Clerk's office to put our Subsidized Loan Agreement on the Agenda for
the City Commission meeting on November 9, 1993. We request City Commission approval for
the following banks:
1. First Union - Third Amendment to the Agreement
2. Banyan Bank - First Amendment to the Agreement
3. Barnett Bank
4. AmTrust Bank
We have amended the agreements to delete inventory, furniture, fIxtures, and equipment from
the business loans. '
After approval by the Commission, I will bring the documents to the City Attorney's office for
signature.
CJB
/d
cc: City Clerk
207 E. Atlantic Avenue, Delray Beach, FL 33444 (407) 276-8640 I Fax (407) 276-8558
'.
SUBsmIZJm LOAN AGRBlDIBRT
THIS AGREEMENT, by and between the COMMUNITY REDEVELOPMENT AGENCY OF THE
CITY OF DELRAY BEACH, hereinafter referred to as the "CRA," and AMTRUST BANK,
hereinafter referred to as the "BANK," and the CITY OF DELRAY BEACH, hereinafter
referred to as the "CITY," is hereby made and entered into this day of
, 1993.
WIT N E SSE T H:
NOW, THEREFORE , in consideration of the mutual covenants and promises
herein contained the Agreement is as follows:
1. The CRA has committed certain funding in its budget for the
Program and said funds will be available to the various participating banks on
first come first serve basis. The funds will be committed to an individual bank
in accordance with the Program in the order of receipt by the CRA of a written
firm loan commitment to individually approved borrowers. For purposes of
determining the order of receipt, all loan commitments will be deemed received
upon the physical receipt by the CRA at the office of its Executive Director.
Borrowers shall be limited to one loan per qualifying property or business.
2. The CRA will accept initial loan applications for the Program
from prospective borrowers and will approve or disapprove them, in the order of
receipt, solely on the basis of the proposed loan being for a qualified purpose
as hereinafter defined in Exhibit "A," to an owner occupied single family
residence or multi-family residential property or a non-residential commercial
property ("Exterior Rehabilitation Loan"), or, to a business owner whose business
location lies within the redevelopment area of the CRA ("Business Loan"). Upon
such approval, the loan application will be forwarded by the CRA to the
participating banks in rotating order and upon receipt of the loan application
approved by the CRA the respective bank shall perform its underwriting evaluation
for approval or disapproval. Such Certificate of Approval issued by the CRA will
include a determination as to whether the CITY or the BANK shall be responsible
for the disbursements required under the loan. In the event the BANK is provided
with a CRA approved application and the BANK approves such loan and issues a firm
..
commitment therefore, the BANK shall forthwith deliver to CRA, in care of its
Executive Director, such loan commitment.
3. Upon receipt of an approved loan commitment from the BANK,
subject to the availability of funds for the Program, the CRA shall deposit with
the BANK in an escrow account a sum equal to the interest obligation computed at
the stated note rate excluding any provision for default interest or late
payments. The BANK shall hold such funds in escrow pending the closing of the
loan with the borrower and upon closing the BANK shall be entitled to draw all
of such prepaid interest out of the escrow account. In the event the subject
loan is prepaid in full by the borrower, the BANK shall pay to the CRA within
thirty (30) days after such prepayment an amount equal to the unearned interest
as determined in accordance with a straight amortization schedule computed at the
note interest rate reflecting the interest due for the unexpired term of the
loan. The BANK expressly acknowledges and agrees that the CRA shall have no
liability for the payment or obligation for any sums of whatever nature other
than the initial interest paid into the escrow account as hereinabove provided.
The parties acknowledge that the CRA will not be entitled to any refunds of
interest on loans which are not prepaid in full and are in default and have been
charged off by the BANK. At closing, the borrower shall be required to execute
an Affidavit in form approved by the CRA as described in Exhibit "B", that the
sole use of the proceeds of the loan will be only for the purposes set forth in
the approved loan application. Further, the BANK shall require the borrower to
execute a loan disbursement agreement providing that in the event all of the work
required to be performed pursuant to the loan application in order to obtain the
full disbursement of the loan is not completed within the date provided for in
said loan agreement, the BANK or the CITY, whomever is respectively administering
the disbursements, shall return the undisbursed funds to the BANK, the loan shall
thereupon be reduced to such sums as shall have been disbursed by that date, and
the BANK shall reimburse the CRA for the unearned interest as provided for above.
4. A. Upon the closing of the loan with the borrower, the BANK
or the CITY, as determined respectively in the notice of approval issued by the
.....2.....
'.
CRA, shall disburse the loan proceeds in accordance with the terms of the loan
agreement. The borrower shall provide such reasonable documentation as the BANK
or the CITY, respectively, shall require with regard to disbursements requested.
Disbursements may only be made for the payment of completed work or purchase of
applicable improvements.
B. There shall be no reimbursements allowed as a part of the
subject loan for work completed prior to the closing of the loan.
C. All disbursements for business loans must be accompanied
by invoices and paid receipts.
5. The CRA and the BANK hereby agree that loans which will qualify
for the Program will be made upon the following terms and conditions:
A. Business Loans:
( i) Loan amount: five thousand dollars ($5,000.00)
minimum to fifty thousand dollars ($50,000.00) maximum;
(ii) Purpose: Construction of tenant improvements to
leased premises within the community redevelopment area;
(iii) Borrower Qualification: subject to bank's
underwriting standards;
(iv) Term: maximum term for loan shall be sixty (60)
months of equal principal payments;
(v) Interest rates: shall be fixed at the prime rate
as established by Amtrust Bank Prime as of the date of closing;
(vi) Fees: normal closing costs including but not
limited to recording fees, Security Agreement, filing fees, documentary stamp
tax, intangible tax, etc., (these fees may be financed as part of the Loan by the
BANK) . In addition, a credit investigation fee of fifty dollars ($50.00) for
unsecured loans and a document preparation and credit investigation fee of one
hundred dollars ($100.00) for secured loans shall be levied by the BANK.
.....3.....
..
..
"
B. Exterior Rehabilitation Loans
Single family residential home improvements:
(a) Single Residential Family Home Improvements:
(i) Loan amount on unsecured loans: two thousand five
hundred dollars ($2,500.00) minimum to ten thousand dollars ($10,000.00) maximum;
(ii) Loan amount on loans secured by first mortgages,
second mortgages or other acceptable collateral: five thousand dollars
($5,000.00) minimum to ten thousand dollars ($10,000.00) maximum;
(b) Two Unit Residential Improvements:
(i) Loan amount on unsecured loans: two thousand five
hundred dollars ($2,500.00) minimum to fifteen thousand dollars ($15,000.00)
maximum;
(ii) Loan amount on loans secured by first mortgages,
second mortgages or other acceptable collateral: five thousand dollars
($5,000.00) minimum to fifteen thousand dollars ($15,000.00) maximum;
(c) Three or More Residential Units:
(i) Loan amount on unsecured loans per unit: two
thousand five hundred dollars ($2,500.00) minimum to five thousand dollars
($5,000.00) maximum, with a maximum aggregate loan of fifty thousand dollars
($50,000.00) for all units owned by one applicant.
(ii) Loan amount on secured loans per unit: two
thousand five hundred dollars ($2,500.00) minimum to five thousand dollars
($5,000.00) maximum, with a maximum aggregate loan of fifty thousand dollars
($50,000.00) for all units owned by one applicant.
(d) Purpose: qualifying alterations, repairs and/or
improvements to residential properties of the owner where the work substantially
protects or improves the exterior of the property as described in Exhibit "A;"
(e) Term: maximum term for both secured and unsecured shall
be sixty months (60) of equal principal payments;
.....4.....
..
.
(f) Interest rates: both secured and unsecured loans shall
be fixed at the Prime Rate as established by Amtrust Prime as of the date of
closing;
(g) Fees:
(i) Unsecured loans - none,
(ii) Secured loans - normal closing costs including but
not limited to recording fees, title insurance, owners and encumbrance search,
documentary stamp tax, and intangible tax, etc., (the subject closing costs may
be financed by the BANK).
c. Non-Residential Commercial Property Improvements:
(i) Loan Amount: five thousand dollars ($5,000.00)
minimum to twenty thousand dollars ($20,000.00) maximum;
( ii) Purpose: qualifying improvements of the exterior
of non-residential commercial properties as described in Exhibit "A;"
(iii) Term: sixty months (60) equal principal payments;
(iv) Interest rates: both secured and unsecured loan
shall be fixed at the Prime Rate as established by Amtrust Prime as of the date
of closing;
(v) Closing costs: normal closing costs including but
not limited to recording fees, title insurance, owners and encumbrance search,
documentary stamp tax, and intangible tax, etc., (these fees may be financed as
part of the loan by the BANK but the eRA will not be responsible for the interest
on the financing of such costs);
(vi) Collateral: The loans to be collateralized as the
BANK deems necessary. Personal guarantees will be required in all instances
unless waived by the BANK.
6. The BANK hereby agrees to commit a maximum pool of funds of
five hundred thousand dollars ($500,000.00), excluding the amounts of all loans
made to date, for the Loan Program for a period of one year (1) from the date of
this Agreement or until such pool of funds is exhausted through the making of
Program loans, whichever comes first.
.....5.....
,.
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7. It is mutually understood that the agreements and covenants
contained herein are severable and in the event any of them shall be held to be
invalid, this Agreement shall be interpreted as if such invalid agreements or
covenants were not contained herein.
8. This Agreement shall be governed by and construed in accordance
with the laws of the state of Florida.
9. If any action at law or in equity is necessary to enforce or
interpret the terms of this Agreement, the prevailing party shall be entitled to
reasonable attorney fees, expenses, costs of appeal and necessary disbursements
in addition to any other relief to which it may be entitled.
10. The rights and benefits of this Agreement shall not be
transferable by any party without the written consent of the other.
WITNESSE$: Jeu
r,
By
('
WITNESSES: AMTRUST BANK
By:
CITY OF DELRAY BEACH
By:
Approved as to form: Attest:
By: By:
City Attorney City Clerk
.....6.....
"
.
EXHIBIT "A"
1. The following are authorized under the Business Loan:
a. Tenant Improvements;
b. Signage;
2. The following external improvements to property are authorized under
this program:
a. Re-roofing;
b. Painting;
c. Awnings;
d. Shutters;
e. Siding;
f. Replacement of Rotten Wood;
g. Doors;
h. Windows;
i. Driveways/Paving;
j. Landscaping (sod, trees, bushes, plants and irrigation systems)
k. Exterior modifications, such as rebuilding a porch.
3. All materials and work must be in compliance with applicable City of
Delray Beach Building Codes.
4. Loan proceeds may be used to pay for applicable building permits.
.....7.....
'.
,.
EXHIBIT "B"
AFFIDAVIT
STATE OF FLORIDA )
) SS
COUNTY OF PALM BEACH)
Before me, the undersigned Notary Public in and for the aforesaid county
and State, personally appeared I
hereinafter referred to as ("BorrOwers" ) who by me being first duly sworn and
cautioned, deposed, stated and acknowledged the following:
1. OUr names are I we reside at
, and we, having personal
knowledge of the loan with Amtrust, hereinafter referred to as (the "Loan") and
the following described matters, depose, state, and acknowledge same to be true.
2. We hereby state that as an inducement to Amtrust entering into that
certain Security Agreement dated the day of , 199
and that certain Promissory Note of even date in the principal amount of --==
Dollars ($ ) and as an inducement to the
community Redevelopment Agency of the City of Delray Beach agreeing to subsidize
the certain interest due on said Loan, your Affiants state under penalties of
perjury that the proceeds of said Loan will be used solely for purposes as set
forth in the approved loan application and for no other purposes.
Further Affiants sayeth naught.
Sworn to and subscribed before me by
and
, this day of , 199 - .
[SEAL]
Notary Public
My Commission Expires:
Who are personally known to me
OR who produced
as identification
.....8.....
,.
'.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM it D~ - MEETING OF NOVEMBER 9. 1993
RESOLUTION 104-93
DATE: November 5, 1993
This is a resolution authorizing the Community Redevelopment Agency to
acquire property located on N.W. 5th Avenue and Martin Luther King
Boulevard.
Section 163.370 (1) (e) (2) of the Florida Statutes requires approval by
the CRA' s governing body prior to the CRA exercising it property
acquisition authority.
Recommend approval of Resolution No. 104-93.
'.
'.
-
[IT' DF DElRA' BEA[H
CITY ATTORNEY'S OFFICE :', ~,,\ j,; ,'c,: '.: : . ,': I.;':,\Y llE.:"Cll, FLORIDA, '3~-l';
!-,\(,\:\III.;: . . ". - -<,' Wr~t_r._ D~r_ct L~n_
(407) 243-7090
MEMORANDUM
Date: November 2, 1993
To: City Commission Assistant City Attorn~
From: David N. Tolces,
Subject: Authorization for CRA Purchase of Lots at N.W. 5th
Avenue and Martin Luther Kinq Boulevard
The attached resolution is before you for approval. City
Commission approval of the resolution will authorize the CRA to
acquire the following property:
The South 150 feet of the West 135.5 feet of Block
26, TOWN OF DELRAY, according to the plat thereof on
file in Plat Book 1, Page 3, of the Public Records of
pa~Beach County, Florida
Section l63.370( 1) (e) (2), Florida Statutes, requires approval
by the CRA's governing body prior to the CRA exercising its
property acquisition authority. As indicated in Chris Brown's
memorandum, this property will be part of the City's Model
Block Program.
Please call if you have any question.
DNT: sh
Attachment
cc: David Harden, City Manager
Chris Brown, Community Redevelopment Agency
Lula Butler, Director of Community Improvement
Cheryl Leverett, Executive Assistant
purchase.dnt:
'.
---'--"~---'-""---"~'-~"-~-"-"~-'-'--'-----'-----------_.._----..--.._---_._~-
..~_ ._-.m. _ ___ _... "'_.'___ _._.......____....__..._. __..._..___._.__..___.-"'...___._~m_.____ _____.__ ...._. ,'___'-"_ ...______._ .. .. . . ._.
-~..-...__.._.- -.~--.-. --_._~... ---- ....-------,- -_.~----- -- ---
-....------. -, .-. - _._--..__._.._.__._------_._--+---_...__..._-----~ _._._ _'nn' _____..._.._...~.___..__
RESOLUTION NO. 104-93
A RESOLUTION OF THE CITY COMMISSION 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 DOMAINi PROVIDING AN
EFFECTIVE DATEi AND FOR OTHER PURPOSES.
WHEREAS, by Ordinance No. 46-85 adopted by the City of De1ray
Beach, the C~tl Commission of the City of Delray Beach, Florida, created
the Delray Beach Co~unity Redevelopment Agency; and
Wh':;~E.ASr pursuant to Section 163.370(1)(e)(2), Florida
Statutes, tne Delray Beach Community Redevelopment Agency possesses the
power to acquire by gift, purchase or eminent domain any real property
within the community redevelopment areai and
WHEREAS, the City Commission of the City of Delray Beach,
Florida, has Deen requested by the Delray Beach Community Redevelopment
Agency to authorize the acquisition in fee simple by gift, purchase or
eminent doma':'l':, of certain property described therein; and
Whi.i(~AS , the Delray Beach Community Redevelopment Agency has
requested the :ity Commission of the City of Delray Beach to authorize
the acquisition of ~ha property hereinafter described by gift, purchase,
or eminent dJ~ain for the furtherance of the Affordable Housing Project
in Delray Beach; and
Wi-El(o:.AS, Section 163.370(1)(e)(2), Florida Statutes, further
provides tho"': a community redevelopment agency may not exercise any
power of elL..nent: domain unless the exercise has been specifically
approved by +-."c8 governing body of the municipality which established the,
agency; and
WHEREAS, the City Commission of the City of Delray Beach,
Florida, des~r'~s to approve or authorize the acquisition of the property
hereinafter de3crio3d by the Delray Beach Community Redevelopment Agency
by gift, pu:::::h,'se or eminent domain.
NC;,i, THEk3F()RE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRA~ BEACH, FLORIDA, AS FOLLOWS:
Ser.t.:.on 1. The Delray Beach Community Redevelopment Agency is
hereby authcrized to acquire fee simple title by g1ft, purchase or
eminent doll'.Ci.'.i'. t.hat certain property more specifically legally described
as follows:
'.2n.e :3cuth 150 feet of the West 135.5 feet of
Block 26, TOWN OF DELRAY, according to the
!' lat tnereof on file in Plat Book 1, Page 3,
of che Public Records of Palm Beach County,
Flori.da.
~'.'_ '_cio!1 -~. This Resolution shall take effect immediately upon
passage.
P J..::.) ',::n AND ADOPTED in regular .~~d.Y of
November , 1993.
MAR
. ATTEST: ~
.!~
~City Clerk
I
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..
, ,
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
1
FROM: CITY MANAGER f r I
v
SUBJECT: A~ENDA ITEM ~ <6~ - MEETIN~ OF NQVEMBER 9. 1993
R SOLUTION N . 1 -93
DATE: November 3, 1993
This is a resolution requesting that the Clinton Administration and
Congress pass meaningful legislation to end the practice of unfunded
mandates, and to include in any future mandate, provisions requiring
local government input, cost/benefit analyses and scientifically sound
assessments of purported health, safety, or environmental risk, and
proclaiming October 27, 1993 as "Unfunded Mandates Day" in observation
of Nation Unfunded Mandates Day. I
Recommend approval of Resolution No. 101-93.
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RESOLUTION NO. 101-93
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REQUESTING THAT THE CLINTON
ADMINISTRATION AND CONGRESS PASS MEANINGFUL LEGISLATION
TO END THE PRACTICE OF UNFUNDED MANDATES, AND TO INCLUDE
IN ANY FUTURE MANDATE, PROVISIONS REQUIRING LOCAL
GOVERNMENT INPUT, COST/BENEFIT ANALYSES AND
SCIENTIFICALLY SOUND ASSESSMENTS OF PURPORTED HEALTH,
SAFETY, OR ENVIRONMENTAL RISK, AND PROCLAIMING
OCTOBER 27, 1993 AS "UNFUNDED MANDATES DAY" IN
OBSERVANCE OF NATIONAL UNFUNDED MANDATES DAY.
WHEREAS, unfunded federal mandates on Florida and its city and
county governments have increased significantly in recent years; and
WHEREAS, unfunded federal mandates require Florida's cities to
perform duties without consideration of local circumstances, costs, or
capacity, and subject municipalities to civil or criminal penalties for
noncompliance; and
WHEREAS, unfunded federal mandates require compliance
regardless of other pressing needs and priorities affecting the welfare
and safely of Florida municipal citizens; and
WHEREAS, excessive federal burdens on cities force some
combination of increased taxes and fees and/or reduced local services
for citizens; and
WHEREAS, fiscal authority for Florida's cities is controlled by
the State Legislature, which further ties the hands of municipalities in
finding revenue for unfunded mandates; and
WHEREAS, federal mandates are too often inflexi~le,
one-size-fits-all requirements which specify procedures or facilities
where less costly alternatives might be just as effective and more
applicable to that region's concerns; and
WHEREAS, the federal government has imposed a freeze upon
funding to help compensate for any new mandates; and
WHEREAS, the cumulative impact of these legislative and
regulatory actions directly affect the citizens of Florida's cities; and
WHEREAS, the National League of Cities and the Florida League
of Cities, in conjunction with other state and local government
representatives, has begun a national public education campaign to help
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citizens understand and then reduce the burden and inflexibility of
unfunded mandates, beginning with a National Unfunded Mandates Day on
October 27, 1993.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. The City of Delray Beach, Florida, endorses the
efforts of the National League of Cities and supports working with NLC
to fu 11 y inform our citizens about the impact of federal mandates on our
government and the pocketbooks of our citizens.
Section 2. The City of Delray Beach, Florida, endorses
organizing and participating in events to begin this process on October
27, 1993.
Section 3. The City of Delray Beach, Florida, resolves to
redouble our efforts to inform and work with members of Florida's
Congressional delegation to educate them about the impact of federal
mandates and actions necessary to reduce their burden on Florida's
citizens.
Section 4. This resolution shall become effective immediately
upon adoption.
PASSED AND ADOPTED in regular session on this 9th day of
November, 1993. ~~L.
r MAVOR
ATTEST:
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Acting City Clerk
-2- Res. No.101-93
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~ FLORIDA LEAGUE OF CITIES, INC.
Memorandum
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TO: City Managers/City Clerks ~ '> '~O
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FROM: Sharon Berrian, irector of Public Information ~--, J' ~5';,
'~r ~ ~'
DATE: October 21, 1993 ~.
SUBJECT: National Unfunded Mandates Day--October 27, 1993
This is just a reminder that October 27 is National Unfunded Mandates Day. The
National League of Cities (NLC), in conjunction with state leagues and other local
government representatives, has begun a national public education campaign to help
citizens understand and then reduce the burden and inflexibility of unfunded mandates.
I have received resolutions on this subject from many of you. And I know that most of
you have received campaign packets from the National League of Cities. However, I am
enclosing for your use a sample resolution that we hope can be adopted by your
governing body at its next meeting.
Please send a copy of your adopted resolution to the League and if you are planning any
activities on October 27 (i.e., press conference) please let me know as soon as possible.
We were successful in fighting unfunded mandates in Florida, now we're going to win at
the national level.
Should you need any assistance or further information on this matter, please let me know.
Victory over unfunded mandateslll
!t.0cl{!u,l' /u/-,/.7.J Kf)
201WestParkAvenue . P.O. Box 1757 . Tallahassee,Florida32302-1757 . (904)222-9684 . Suncom278-5331
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Sample Resolution on Unfunded Mandates
Whereas, unfunded federal mandates on Florida and its city and county governments
have increased significantly in recent years; and,
Whereas, unfunded federal mandates require Florida's cities to perform duties without
consideration of local circumstances, costs, or capacity, and subject municipalities to civil
or criminal penalties for noncompliance; and,
Whereas, unfunded federal mandates require compliance regardless of other pressing
needs and priorities affecting the welfare and safety of Florida municipal citizens; and,
Whereas, excessive federal burdens on cities force some combination of increased taxes
and fees and/or reduced local services for citizens; and,
Whereas, fiscal authority for Florida's cities is controlled by the State Legislature, which
further ties the hands of municipalities in finding revenue for unfunded mandates; and,
Whereas, federal mandates are too often inflexible, one-size-fits-all requirements which
specify procedures or facilities where less costly alternatives might be just as effective
and more applicable to that region's concerns; and,
Whereas, the federal government has imposed a freeze upon funding to help compensate
for any new mandates; and,
Whereas, the cumulative impact of these legislative and regulatory actions directly affect
the citizens of Florida's cities; and,
Whereas, the National League of Cities and the Florida League of Cities, in conjunction
with other state and local government representatives, has begun a national public
education campaign to help citizens understand and then reduce the burden and
inflexibility of unfunded mandates, beginning with a National Unfunded Mandates Day
on October 27, 1993.
Now, therefore, be it resolved by the (City/Town/Village of )
endorses the efforts of the National League of Cities and supports working with NLC
to fully inform our citizens about the impact of federal mandates on our government
and the pocketbooks of our citizens;
Be it further resolved that the (City/Town/Village of )
endorses organizing and participating in events to begin this process on October 27th;
and finally
Be it further resolved that the (City/Town/Village of )
resolves to redouble our efforts to inform and work with members of Florida's
Congressional delegation to educate them about the impact of federal mandates and
actions necessary to reduce their burden on Florida's citizens.
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MEMORANDUM i,
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TO: MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~ !
FROM:
,
SUBJECT: AGENDA ITEM # '6E - MEETING OF NOVEMBER 9. 1993
RESOLUTION 103-93 ')
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DATE: November 5 I 1993 f
This is resolution amending Resolution No. 87-92 which established !
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the Swinton Avenue Task Team by extending the task completion and j
sunset dates to September 30, 1994. i
This extension was requested by the members of the Task Team who wish t
to further pursue creative means of implementing their recommendations I
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with regard to the beautification of Swinton Avenue. j
Recommend approval of Resolution No. 103-93.
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RESOLUTION NO. 103-93
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A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 87- 92
WHICH ESTABLISHED THE SWINTON AVENUE TASK TEAM AS AN
ADVISORY BODY TO THE CITY COMMISSION, BY AMENDING
SECTION 3 WHICH PROVIDES THAT THE SWINTON AVENUE TASK
TEAM SHALL IMMEDIATELY PURSUE ITS ASSIGNED TASKS WITH A
TARGET OF ACCOMPLISHING SAID TASKS BY MARCH 12, 1993, BY
EXTENDING THE ESTABLISHED TARGET DATE TO SEPTEMBER 30,
1994; BY AMENDING SECTION 4 WHICH PROVIDES THAT THE
SWINTON AVENUE TASK TEAM SHALL HAVE A SUNSET DATE OF
MARCH 12, 1993, BY EXTENDING THE ESTABLISHED SUNSET DATE
TO SEPTEMBER 30, 1994; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, at the meeting of August 11, 1992 the City Commission
adopted Resolution 87-92, establishing the Swinton Avenue Task Team,
assigning it duties and setting a sunset date; and,
WHEREAS, at the meeting of July 6, 1993, the Swinton Avenue
Task Team and Grant Thornbrough and Associates, consulting architect,
presented the plans for the Swinton Avenue Beautification project; and,
WHEREAS, there was not sufficient funding available to
implement all of the recommendations of the Task Team; and,
WHEREAS, the members of the Swinton Avenue Task Team wish to
further pursue creative means of implementing its recommendations for
the Swinton Avenue Beautification project;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 3 of Resolution No. 87-92 be, and the
same is hereby amended to read as follows:
Section 3. That the Swinton Avenue Task Team shall
immediately pursue its assigned tasks with a target of
accomplishing said task by ~~t~~ J~' J~~~ September 30,
1994.
Section 2. That Section 4 of Resolution No. 87-92, be and the
same is hereby amended to read as follows:
Section 4. That the Swinton Avenue Task Team shall
disband upon the discharge of its assigned task or by
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~~t~9i J.'/.1 J.~~~ September 30, 1994, unless otherwise
extended by action of the City Commission.
Section 3. This resolution shall take effect immediately upon
passsage.
PASSED AND ADOPTED in regular session on this 9th day of
November , 1993. ~~
, M~OR
A~~~
Acting City Clerk
-2- Res. No. 103-93
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. Agenda I tem No.:
AGENDA REQUES~
Date: 11/2/93
Request to be placed on:'
X Regular Agenda Special Agenda . Workshop Agenda
When: 11/9/93
Description of agenda item (who, what, where, how much):
Request to Extend the Sunset Date of the Swinton Avenue Task Team
trom March 12, 1993 to September 30, 1994
~ Draft Attached: i,':.0NO
ORDINANCE/ RESOLUTION REQUIRED: ! YES NO
Recommendation: Commission Action
Department Head Signature: 71~~ 4
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Determination of Consistency with Comprehensive Plan:
City Attorney Reviewl Recommendation (if applicable):
Budget Director Review (required on all iteas involving expenditure
of funds):
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for agenda: @/ NO M
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
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MEMORANDUM
TO: DAVID T. HARDEN - CITY MANAGER ~
FROM: LULA BUTLER - DIRECTOR, COMMUNITY IMPROVEMENT ~
SUBJECT: REQUEST TO EXTEND THE SWINTON AVENOE TASK TEAMS
SUNSET DATE FROM MARCH 12, 1993 TO SEPTEMBER 30, 1994
DATE: NOVEMBER 2, 1993
ITEM BEFORE THE COMMISSION:
City Commission consideration to amend Resolution 87-92 extending
the sunset date for the Swinton Avenue Task Team established on
August 11, 1992.
BACKGROUND:
At the regular City Commission meeting of August 11, 1992 the
Commission appointed eight ( 8) citizens plus staff as the Swinton
Avenue Task Team, pursuant to Resolution 87-92. This resolution
required that the Task Team disband upon the completion of its
designated tasks or by March 12, 1993 unless otherwise extended
by the Commission.
We have received a request signed by SlX (6 ) of the Task Team
members asking for the Commission's consideration to extend their
sunset date to allow them to continue their efforts in advising
the Commission on priorities and funding recommendations to
complete the Swinton Avenue Beautification Project.
The $450,000 allocation only funded Phase I of the project. The
Commission acknowledged this fact at the workshop meeting of
October 5 , 1993. The Task Team wishes to remain in effect so
that they might continue to find creative ways to complete the
entire beautification project.
RECOMMENDATION:
Staff would recommend that the City Commission consider the
request from the Swinton Avenue Task Team and amend Resolution
87-92, Sections 3 and 4 to extend the sunset date from March 12,
1993 to September 30, 1994.
LB:DQ
Attachments
SATT.CC
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To: Delray Beach Commission and Mayor A~C
Oc !:/l/S'
From: Swinton Avenue Task Team '. r D
ClrYA14~ I9yJ
Re: Swinton Avenue Beautification, Item 9E
I(:S 0
Date: September 28, 1993 '11/(.'[:
We would like to remind the Commission that the Swinton Project
before you tonight is a "bare-bones" )roject that has been agreed
upon in light of the funding presently available.
It is very importdnt to note that many items have had to be put on
the back burner and that we consider this only the beginning of
Swinton Avenue Beautification.
Any funds that might become available we would hope our Project
would be considered for completion.
We also would ask that the Swinton Avenue Task Team be allowed to
continue its efforts because of the ongoing nature of the project.
Thank you.
r;il j) - M fH2. k- LI1TLE"
C:t ~)~ Ge:: N [ F( SHe. R..
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~c{~r?2 U~R4 ~OU-SM^ISOM
K ' --€- aJ..Jf-- JO An" fea~+-
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u LA 0 LJ Ct " I Cl. 61 e....- IN il (\Cl W\ wits &u fQ e...
C.C_ ) ./k1lii&t1 C 1;1h~~J
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MEMORANDUM
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TO: MAYOR AND CITY COMMISSIONERS I
CITY MANAGER ~ I
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FROM: I
SUBJECT: AGENDA ITEM i ~F - MEETING OF NOVEMBER 9. 1993
AGREEMENT WITH FLORIDA POWER AND LIGHT
DATE: November 5, 1993
This item is before you to approve a Commercial/Industrial Load
Control Program agreement with Florida Power and Light for the Water
Treatment Plant. This agreement provides that Florida Power and
Light will regulate electrical service to the Water Treatment Plant
during periods of peak power demands on Florida Power and Light
facilities. We currently have similar agreements with Florida Power
and Light for the north and south repump stations which have resulted
in an approximate 17% savings on electrical costs.
Recommend approval of the Commercial/Industrial Load Control Program
agreement with Florida Power and Light for the Water Treatment Plant.
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Agenda Item No.:
AGENDA REQUEST
Date: November 2, 1993
Request to be placed on:
__X__ Regular Agenda
_____ Special Agenda
_____ Workshop Agenda When: November 9, 1993
Description of item (who, what, where, how much): Staff requests Commission
approval of a Commercial/Industrial Load Control (CILC) Agreement with Florida
Power & Light Company for regulation of electrical service to the Water
Treatment Plant during periods of peak power demands on Florida Power & Light
facilities. participation in this plan, currently in effect for the north and
south repump stations results in a savings of approximately 17% on electrical
costs for facilities involved.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
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Recommendation: Staff recommends approval of the CILC Agreement.
D~partment Head~~<e~ ~~~ f/13~ ) ~
S~gnature: ". .....~
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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 tJ!4.
Funding alternatives (if applicable)
Account No. & Description
Account Balance
City Manager Review:
Approved for agenda: @/NO M
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
a:agencilc.doc
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MEMORANDUM
TO: David T. Harden,
City Manager
FROM: Richard C. Hasko, P.E.
Deputy Director of Public Utilities
SUBJECT: COMMERCIAL/INDUSTRIAL LOAD CONTROL (CILC)
AGREEMENT
WATER TREATMENT PLANT
DATE: November 2, 1993
Attached is an agenda request with a copy of the proposed CILC Agreement
between the City and Florida Power & Light Company regarding load
control of electrical service to the Water Treatment Plant, during
periods of peak power demands on Florida Power & Light's facilities.
Rates paid by the City for electrical service under the terms of this
agreement are currently in effect and participation in this plan results
in an approximate 17% savings on electrical costs for the facility
involved.
This plan with associated agreements is currently in effect for both the
north and south repump stations.
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Richard C. Hasko, P.E.
RCH:jaf
cc: William H. Greenwood, Director of Environmental Services
File: Memos to City Manager
Florida Power & Light Agreements
a:rhcilc.doc
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COMMERCIAlJINDUSTRlAL LOAD CONfROL PROGRAM AGREEMENT
This Agreement is made this - day of , 19_, by and between
City of Delrav Beach (hereinafter called the "Customer"), located at 200 SW 6 St.
#STR TRIH PL T in De 1 ray Bch . Florida, and FLORIDA POWER & LIGlIT COMPANY, a corporation
organized under the laws of the State of Florida (hereinafter called the "Company").
WlTNESSETII
For and in consideration of the mutual covenants and agreements expressed herein, the Company and the Customer agree as
follows:
1. lhe Company agrees to furnish and the Customer agrees to take electric service subject to the terms and conditions of
the Company's Commercial/lndustrial Load Control Program Schedule CILC-l (hereinafter called "Schedule CILC-I") as
currently approved or as may be modified from time to time by the Florida Public Service Commission (hereinafter called
the "Commission"). The Customer understands and agrees that, whenever reference is made in this Agreement to Schedule
CILC-l, both parties intend to refer to Schedule CaC-l as it may be modified from time to time. A copy of the
Company's presently approved Schedule CILC-l is attached hereto as Exhibit A and hereby made an integral part of this
Agreement.
2. To establish the initial qualification for service under Schedule CILC-l, the Customer must have had a maximum demand
during the previous twelve months of 200 kw greater than the "Firm Demand" level specified in paragraph 7 below.
3. Service under Schedule CILC-l will be subject to determinations made under Commission Rule 25-6.0438, F.AC., Non-
Firm Service -Terms and Conditions, or any other Commission determination. The Company and the Customer agree that
Schedule CILC-I may be modified or withdrawn subject to determinations made under Commission Rule 25-6.0438, F.AC.,
Non-Firm Electric Service - Terms and Conditions, or any other Commission determination.
4. Prior to the Customer's receipt of service under Schedule CILC-I the Customer must provide the Company access to
inspect any and all of the Customer's load control equipment, and must also have received approval from the Company
that said equipment is satisfactory to effect control of the Customer's load. The Customer shall be responsible for meeting
any applicable electrical code standards and legal requirements pertaining to the installation, maintenance and repair of
the equipment. The Customer shall be responsible for maintaining the Customer's load control equipment and shall
provide the Company access at any reasonable time to inspect the condition of the equipment for purposes of determining
whether the load control equipment is satisfactory to effect control of the Customer's controllable load. It is expressly
understood that the initial approval and later inspections by the Company are not for the purpose of, and are not to be
relied upon by the Customer for, determining whether the load control equipment has been adequately maintained or is
in compliance with any applicable electrical code standards or legal requirements.
5. The Customer agrees to perform the necessary changes by (date) 12/31/91 . to allow control of a ponion
of the Customer's load. Schedule CILC-l cannot apply earlier than this date unless agreed to by the Company.
Should the Customer fail to complete the above work by the above-specified date, or should the Customer fail to begin
taking service under Schedule CaC-l during that year, this Agreement shall become null and void unless otherwise agreed
by the Company. In order to receive service under Schedule CILC-I, it shall be necessary for the Customer to execute
a new Agreement, which will again make the availability of service subject to the "Limitation of Availability" in Schedule
CILC-I.
6. Upon completion elf tbe installation of the load c:ontrol equipment, a test of this equipment will be conducted at a time
and date mutually l"greeable to thc~ Company amI the Customer. The test will consist of a period of load control of not
less than one hour. Effective upon the completioll of the testing of the load control equipment, the Customer will agree
to a "Firm Demand". Service undcl" Schedule CILC-I cannot commence prior to the installation ofload control equipment
and the successful completion of tl1e test.
7. TIle Customer agrees to a "Firm Demand" level cf 0 kw during the periods when the Company is controlling the
Customer's service. This "Fl11J) Demand" level she,ll not be exceeded during periods when the Company is controlling load.
Upon mutual agreement of the Company and the Customer, the Customer's Fl11J) Demand may subsequently be raised
or lowered, as long as the change in the "Fl11J) Demand" level is not a result of a transfer of load from the controllable
portion of the Customer's load. 'Ibe Customer sllall notify the Company upon adding firm load.
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Fourth llmsed Sheet No. 8.650
. FLORIDA POWER It LJGHT COMPANY Cancelli Thlrcl Reviled Sheet No. 8.6$0
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CQMMERClALJINDUSJRIAl. LOAD CONTROL PROGRAM
(OmONAl..)
BATE SNmDULE: Cn,C-I
A V AILAB~E:
In all territory &erved. Available to tmy commercial or indLlStrial cLlStomer to which the load control provisions of this schedule
can feulbly be applied. through the execution of a Commercial/Industrial Load Control Program Agreement with the Company.
IJM1TA.D9N OP A V AILABlLrrY:
ThI5 schedule may be modified or withdrawn subject to uelerminations made under Commission Rule 25-6.0438, F.A.C., Non-Finn
~ Electric Service. TctmS and Conditions or ony other Commission determInation.
APPUCATJON:
For electric Iervice provided to any commercial or industrial customer as a part of the Commcrciatllndustrlal Load Control
ProJI'Bm AJrcemcllt bet\lYeen tbe Customer and the Company, who agrees to allow the CQmpaJ2Y to control lit least 200 Icw of
the Customer's load. A CU6tomc:r "hell enter into I:l "C'.onlmercillVlmhatrial Loa" ContrOl Program Agreement" with tbe Company
for aervice under [bIs schedule. This controlled load shall not be; served on a fIrm service basis until Wlrvice h85 been terminated
under tbis n1tc Khc:duJe.
SERVICE:
'Three ph8le, 60 hertz at any available standard volUllge_
A deslgnated ponion of the Cu&tomcr', load .erved ~nder thl.& schedule is subject to control by the C.ompany. Transformation
~ Rider-TR, wbere ~ppliC8ble, shall only apply to the Customer's Ma;dmum Demand for delivery voltage belO\lll 69 tv- Standby
Service is not prDYidc=d hereunder. Resale of servll'.e 1.& not pennilled bereunder.
M.QJ'lVIL Y RATE:
Tralumllllon
Dellvclry Voltale L4M:1: Distribution bel~ 69 k\I 69 IcY 8l. above
~oo tw
Mlllimum Demand l.eIIel: 200-499 kw &; above
CUstomer Cbar&e: $ 600.00 S 600.00 S 3).00.00
Demand Charge:
per Itw of Mmdmum Demand in excess of 10 Icw $ 2.43 - .
per kW of Mallmum Domand - $ 2.43 None
per kw of Load Conlrol On.Peak Demand $ 1.16 S 1.16 S 1.15
per k.w of Flrm On-Peak Dcffillnd in excas of 10 kw $ S.85 - .
V per ll:w of FIrm Co-Peak Demand - $ 5.85 $ 6.~
&erlY Cbarac:
QQ-'" Period:
Non-fuel c:batae per kwh 1.448& 1.13~ O.942e
Oll-Peak Period:
Non-fuol ~tJ,ar&e per kwh l.~ 1.13~ O.9042f
Minimum: 1be Cuatomer Charge plWi the Demand Charp.
(COlltioued OP Sbeet No_ 8.651)
V
blued br- S. Eo Fnnk,Presldent
Etredl~: July JO, 1991
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Fourth Revised Sheet No. 8.651
, n.ORIDA powlm " UGRl' COMl'ANY Cancels Third RevI.ed Sheet No. 8.6$1
.J -..- 1lII:'
\...1 ((~ntlnued trom Sheet No. 8.650)
f1!S\ .QlatJe See Sheet No. 8.83.0
Ta paUle See Sheet No. 8.841)
Consenation (JwaQ Soe Sheet No. 8.8(.0)
CaDllCitv Pavment Otarae See Sheet No. 8.87,)
all Backout Cherie See Sheet No. 8.880
Franchise Fee See Sheet No. 8.890
LOAD CONTROL:
V Control Conditlon;
The Customer's controllable load servw under this ratc schedule Is subjeCt to control when such coturol alleviates aD)' emerlency
condiliWlll m mpacity IihortHgcs, eilher power lrIUPPIy or trim5misosiun, Or whenever 5y:;tem IOdd, actual or projected, would othcrwilc
rc:quirc the peaking operation of the Company', generatoR. Peaking opt:(atioll enlail& taking InK lo.ded loIni~ ~.;lin& uniu or
rombu&tion turbines above the continuous rated output, which may oyerstress the genenllo". Thew ronditions will typically result
in Ic.wi than 6ftecm (15) wntroJ periods pcr yc:.iIr, will typically allow advance notice of four (4) hours or more prior to 11 control
period And will typie&lly result in control periods of four (4) hourS' duration. The operating limitS under this tariff are dC&Ct'lbcd
below-
Fu:ouencv: The frequency of control will not exceed rwenry.fiye (25) coatrol periods per year.
Notices: The Company will provide one (I) hour', advance notice or more to Ii Cll$tomer prior to controlling tbe Cwltomer's
COl1tl'Ollable 108d.
'-' Duration: The duration of a single period of load control will not exceed six (6) hOUD.
In the event of an emergency, such as Q Generating Capacity Emergency (see Definitiol15) or II major disturbance, srealer
frequency, leu DOrice, or longer duration than listed above may occur. If such an emergency develops, the Customer will be Biven
15 minutes' notice. Le&s than 15 minutes' notice may only be given in the ~nt thai failure to ~o w would rC$ult in loss of power
to firm service customers or the purchase of emergency power to serve ftrm service custDmera. The Customer agrca that the
Compllny will not be liabJr: for l;lQY damaJ~ or injuric$ tlllll may occur as 0 result of providing no notice or Ies6 than one (1) Mut',
notice.
Cu5tomCT Rc&PODiibilitv:
The Company win control the controllable portion of the Customer', &ervice for a one-hour period, once per year .1 a mutually
asrocablc time and datc for tating pwpoaea. Telting pUrpoIcs include the tcstins of lhe load control equipment to ensure thaI
the load is able to be controlled within the a8f'CCd speclftQttions. If the CUlItomer'& loal1 hu been IUC:CCssfuUy controlled during
the previous 12 montbl, tM t~t obligation will have been mcl.
'-" The Customer shall be responsible for providing and maintaining the appropriate equipment required to allow the Company to
elC(:lritally (lOntrol tl\C Cu&tomer'llo load, as &pccifled in thl: Commor~all1nO\l$tnal1.OaQ Control Program Aarcement.
MTING PERIODS:
On-Peak:
NOIIeIDbcr 1 throul1h March 31: Mondays through Frida~ during the bours from 6 a.m. to 10 a.m. and 6 p.m. to 10 p.m.
CEludina1banksaMn3 Day, ChrislmM Day, anc1 New Year', Day.
Aprill tbroullh October 31: MondayS througb Fridays durini the hours from 12 noon to 9 p.m. cxcludlns Memorial Day,
IndopeDlieOQo Day, and Labor Day.
On-.Peak:
An otbcr boun..
V (Continued on S~t No. 8.652)
IIsued bY1 S. Eo Frank, President
Etfectl,,~ Jul)' 30, 1992
"
...~. 1.1I.J../ J;J'::" ->._1 I I-JL .1.l::.J. l::.J':::" 1 L' ., I L L.lr.... 1 1)1.... f LL 1"'-). ""'t~.:...1 I ..:..r~.-, - ...J J. U.;:. r- M/\L- 11-.iC HO =' r r L1....
Flnt Rc~.ed Sheet No. 8.02
FLORIDA POWER .. UOIff COMPANY Cancel. Orlalnal Sheet No. 8.fi51
~' (COntinued from Sheet No. 8.651)
DEMAND:
Demand Is thslcw 10 the nearest whole kw, a& determined trom lbe Company's melering equipment, ror a 3O-minute period
a.a Bdju.ted for power (actor.
FlRM ON.PEAK p~MAND:
~ CUllomer's monthly Firm On-Peak Demand shall be the lesser 0( tbe "firm Demand" level $peclft~ Ullbe Customer'li
CommerciallIndustrial Load COntrol Program Agr"m~nl with the Compeny, or the Customer's blghoal on-peak demand
during the moDth. Tho level of "Firm Demand' 6pcc1ftcd In tbe Cu6t0m6r'S CommerciaVJndustrial1.oad COntrol Program
Agreement shalt not be eX~edc:4 during thc pc~ wbeQ the Compaay b ~nU'oUlng the CloIItomer'1 1014.
"'-O!\D CONTROL ON.PEAK DEMAND:
Load Control On.Peak Demand shall be the Customer's hishcst dcmand ror the dcsilDatcd on-peak periods durin, Ihe month
less the Customer', 'FIrm DemBndo,
MAXIMUM DEt.(~
Maximum nclnaod shall be the greater of lh,e C\lrrent montb', dcmaA4 wbenever it 0I0:CUrI or the highClt <icmaD4 for the prior
twcn'Y-lbree 1'13) moatbi.
LOAD CONTROJ".PERIOD:
All hours e'U.oIkbed by the Company durillU . monthly bill ins period in which:
~ 1. thtl Customer's IClEld is oontrolle;oi, or
2- tb" CUltorner ia billed punuant 10 lbe Conllnuity of Service Provision.
EXCEmONS to CHARGES FS)~~&I1lJ~rG FIRM DEMAND:
If tho Custooer exceeds tbl~ "Film Demall.j" durin, a period when the Company is controllini load due 10:
1. Foroe Majeure evcnu. (see Dcfinitiorl1S) which con be demolUtrated to the satisfaction or the Company to have been beycmd
the Cu.stomer's control, or
2. maintenance of generatiol) equipment necessary for Ihe implementation of load control which Is performed at a pre-arranged
lime and date mutually agreed to by the Company and the Customer (Set Special Provisions), Ot
3. adding firm load that wu not prevlOU$1y noa-ftrm load to their fac:ility, or
4. an event afrectlns Slate or national SCalrity and space launch operations within flyc (S) days prior to an Impending launcb,
IheQ the Customer will not be required to pay tbe Charges for Exceeding FU1II Demand durinS the period of such excepliolU, but
will be billed pursuant to tbe COntinuity of Sel'Vlcc Pnwlon..
If the Company determines tMt the Customer has utilized one or more or tbe exoeptions above In an exce5$lve manner, tbe
Company will terminate $erviec under this ratc IlCbedule lIS described ID TERM Of SERVICE.
~ (Continued on Sheet No. 8.653)
Issued b)'t S. E. Frank, President
Elfedlve: July 30, 1"%
'.
.......-...-. ~IOI.HJ2- '93 rUE 10: 02 I D : EF'l OR I DR TEL tiC): 407-2t:,5-3162 FA><LItJE tlE:'37 F'C15
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FLORIDA POWER It UGHT COMPANY First Revised Sheet No. 8.6!')
Cancels Ortglnal Sheet No. 8.653
.~ (Continued O'om Sbeet No, 8.6S2)
CHARGES FOR EXCEEDING F1RM DEMAND:
If the CUstomer exceed$ tbe "Firm Demand" during a period when the Company is coni rolling load for any reason other than those
specified in Exceptions to Char&C6 for Exceeding Firm Demand, thC>D the Customer wiU be:
1. billed tbe dlft'erence between the rum OD-Peak Demand Charge aDd tbe load Control On-Peak Demand Charge for tbe
CXOO56 kw for tho prior ibay (60) months Or the number of months the Cu.stomer hM been billed under the rate liChedule,
wblcbcver ~ Jess. and
Z. billed 8 penalty c:bargc of $1.00 por kw of exceu kw for eacb moath 0( rebilling.
EJcce:u kw (or ~biUlnI BOd penalty charges is detennined by takina the l3iffercncc between the maximum demand during the Load
Contt'Ql Period aDd tile Cu.stome~' "Finn Demand., The CU&tnn\e.r wU1 not be rchilled Or pcnatiz.od twice foc the same CXces5 PI
in tbe calculation described above.
TERM OF SER\'ICe;
Sorvioe under this rate schedule s.ball continue. subject to limitation of Availability, until terminated by eitber tbe Company or
the Customer upon written notice given at least five (5) yean prior to termination.
TraftSfet$, wltb 1e$$ tban nve (5) years' written notice, to any firm retail rate schedule for which tbe Customer would qualllY,ln3)'
be permitted if it can be shown thai such transfer is in the best inter~ of the Customer, the Compan)' and the Company's otber
CUStOmers.
~ II the CUstomer no laager wishes to reQlive electric service in any form from the Company, or decides to coa;enerate to serve IIIJ
of the previously controlled Load Control On-r~k l)enlllnd aDd to lake interruptible standby service from the Company, the
Customer may termlDate tbe Comm.mavIndU$triaJ Load Control Program Agreement by gMnl.t least thirty (30) ~. alMinc:c
written notice to the Company.
The Company may terminate $ervioe under this rate scbedule at any time for the Customer's failure to comply with the terms aM
conditions of this rale schedule or lhe Commerciol/lmlUitrialload c.ootrol Prognun AgreemeDt. Prior to any such terminatioo,
the Comp&ay Iba1l nOlily l~ Customer lit least ninety (90) da~ in advance aJ1d describe the Cuitomcr's failure to comply. The
Company may tbcn terminat. servioo l.lodtr tbis rate schedule al the cad of the 9O-day notice pcriod unlou tbe CUstomer takes
m~CI ~fY to eliminate, to the Company's iWttisfactioa, the compliance deficiencies described by tbe ComplUly.
NotwithataDcUD, the foregoing, if, alllny Umc \JurinJ tbe 9O-day petioa, the Customer either refuses or fails to Initiate and pwsuc:
corrective aedoo, tho Compoay .twU bo entitled lo r.uspend fonhwilb the monthly bilHni under lU rate: schedulo and billu.c
Customer under the ocherwise applicable h ~rv\cl; rale schedule.
ID 1M cvc." tbat:
8) SCMoc Is tcnninated by the Company for any rcason(s) spedfled in this se~tlon, or
b) the Customer transfera the controllable portion of tbe Customer's IoQd to "Firm Demand" or 10 a firm or a curtailable
service rate ~bedu\o witllOut providing alleast five (5) yean' advanoc written noticc. or
c) there ii. termination of the CU$tOfl\er's exlslin& service and, within twelve (12) months of sucb termlnatloo or servlce, tbe
Compaoy receives a request to re-establish service of &imilar charaCter under a firm sct'V1cc or a curtallable service rafe
ISoCbedlllc, or under thi$ 5'bedule witb a shift from non.firm \oed to Dnn servlc.e,
~ (Continued on Sheet No, 8.654)
.. -...- "
Issued br- S. E. F'rank, Pnsldlnt
Effective Jul,3tt, 1993
'.
"-'" r.jU'...'-t::J.::::-''::!..) I ut: ll:J : IJ-5 Jl) : r t-'L urn Dr< I t::L flU: 4lj' (- '::b::J-j 1 be.: t- H>.L H It:: J:JCi,:f (' I-'ljb
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.
. FLORIDA POWER &- UGm COMPANY
Original Sheet No. 8.654
~ (Cootinued from Sheer No. 8.653)
t) a, lo'4 dl1rerclU \OCilk)Q in the COm~ny's service area, or
11) ufl\'Jet a different rwme or differlHlt awnen.hip. or
iii) UI'll,er otber cirC\llI15tBoces Wbclt..~ effect would be to Increase ann demand on the Company" &)'item without the
re"lllisite five (5) le.ars' advance wntten n()(ice,
then the Custi)O'lCr will be:
1. rcbilled undcr tbe otherwise applicabk: firm or CurtaUahle seMc:e rate schedule [or the shorter of <a> the ll\OM recent price
sixty (6U) 1OOl11bS "utillg whicb tb' CI.l&tamc:r WlI.'i billc:d for liCrvice under th\$ rato schedUle, or (b) tne number 0( months
the Cu.1u)JJ\et ba$ ~lll billed under Ihis rate schedule. and
2. billed Ii penalty cbarge of $1.00 per );'U limes the n\lmber of months reblUed in No. 1 abavo times tbe higbC:$t Load Control
On-r~t Demand occurring during the current month or tbe prior twenty-thtee (Z3) month$.
Except as noted below:
If service under tbi& SChedule 5 terminated by the Customer for any reason, the Cu$tomer will not be rc;billGd u specified in
parBJIlIpbi 1. aDd 2.aoow if:
a. it h~ been demoo.sttated to the satisfaction or tbe Company that the impact of such transfer or service on tbe: ewnomic
0061-etrecllYenCli at the Company'i CILe proaram Is in tilt be&t IOterll5l5 of tnCl Customer, the O>mpany, anll UlC
Company" other C\l$lomers. or
I), the Customer is required to transfer to another reUlilnue schedule ItS a rewJt of Cornmlssion Rule 25-6.04~, F.AC, or
\...,- the termination of seNia under this rate schedule is the result or either the Customer', ccasini operations at its ractlity
c.
(without contiDulng or establishill8 aimilar operations elsewhere jQ Ih~ Company's service area), Or a doci$ioo by !be
Cuslomcr to qcncra\C to $ervc ilU of ,be: ~Iy "'n\~ l..OIIld Contrcl On.l'cak Oc:mand aDd to taU Interruptible
standtlly IO~ from !be CompllD)', or
d. any other Cuitomer(s) wltb demand reductioQ equivalent to, or greater than, that of the existing Customer(s) agreel to take
&ctvioe under tllia IICbOdule and tbe MW l1emanl1 re<JuctiOo commilment to tl10 Company's Generation Expansion Plan baS
heeD met and the new replacement CuslOmer(:s.) has(bave) tbe equipment in$taUed and is(are) available: to perform Io8d
conttol.
In the QVent tbe: C~tomer p8yi tbe penalty charSc:6 b<<.8\1ljc; DO replacc:mc:nt C\>>tOmer(s) is(W"e) aval1BbIe as specil\ed In peragrapb
d. above, but tbe repl8Ctment Customer(!.) does(do) become availabte within 12 month! from \bo: date or termination or s.ervioc:
under thla lIChedulc, then the CUlItomer will be refunded all or pan of the rebilling and penalty III proportioo to tbe amauna of MW
ol\tained to replaoo tbO kl6t capacity le$4 !be ~c.'Iitional ~ incvrrc4 tJy tho CompilDY to serve th05C MW durina any loed rontrOl
periods wbIcb may occur before tbe replaoeOMot Customer(s} became lMilable.
SPECIAL PROVISIONS:
1- Control 0( the CU5tomer's load shaH be accomplished through the Cml'lpaay's load management systems tlIy use of control
Wall" woneaod d1re41Jy to tho C\l$tomer's ~Witcbing oquiprnont.
2. The Customer shaH ,rant tbe Company reasonable access for iasUtllin" maintaining, inspecting. testing and/or relt\O\ing
Compeny-awne4 load ~trOI equipment,
I
~ (Cootinued on Sheet No. 8,655)
Issued by: S. Eo Frank, President
ElTedlvet July JO. 1991
'.
--.,-. _1..'iU\./-t:J~- ='-=L-,~~r::: J.I:::J.IQ':'+ IlJ ; r- rL LTI':; I 'I.>,; I t:L '''ILl; 4U (- "",=,:)-.) J e.",,' r H/.L I [.n:: H,::I':" ( t-'15 (
"0.-
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. FLORIDA POWER 8r UGHT COMPANY Original Sheet No. 8.6.55
~ (Continued from Sheel No. 8.(54)
3. It shaD be th~ responsibility of the Customer to determine that all electrical equipment to be controlled is in Bood repair
and WOI'DDB coadition. The Compeny will not be fe1iponsib\e for the repair, maintenance or replacement or the Customer's
electrical equIpment.
4. The Company is DOC required to install load control equipment if the Installation c.annot be economically justified.
S. BlUm. uncler tb1s scbedule wiU commence after \.be installation, inspection and 51.ltceS5ful teatlng of tbe load control
equi~oL
6. MalntcM~ of generation eql1lpment necessary for the Implemenuulon of loa~ control will not be scheduled durin& period$
'Wbere thfl CoQIpany prOjecu that It would om be able to withStand the Io&.S of its lIlrgelt unit and continue to serve firm
1CrW:c C\IIitomcn.
CONTINUITY OF SERVICE PROVISION
In order to mlnlmltc the frequency and duration of lntemlptions rcquC$ted under this rate schedule, tho Company Will attempt
\0 Obtain reawnably available additional capacity and/or energy during periOdS for which interruptions may be requ~lc4. Any non.
linn customers 50 eJecting to recejv~ capacity and/or MUgy which enable(s) tbe Company 10 continue service 10 the CuslOmcr'j
non-firm IUldi during &hQC pc:ri~ wiU be ~ubject to lhe a\1\1itiOl1lll cbllrp li<:l forth bc:lt1W.
In the eveDt II Cuslomer elects not to have its non-finn load interrupted punu301 to Ihis Schedule, tbe Customer ,ball pay. In
ac)dltlon to tbe normal charlC3 provtded hereunder, II 'barge rcneaing the additional cosu Incurred by the C'..ompany In continuina
to provide sc",Ice, less the applicable clau l'uel charge for the period during which the load would otherwise have been contrOIl~d
(~ Shut No, 8.83V). This incremental Charg' fohall apply to tbe non.firm evstomer fOr All conSumption above the CUSIOl1'ler'$
rlt'n\ DcmaDlS during tbe tirm: in .".web tfte nOIi.firm load wou.ld ott)ctwi&e bave bc:el\ coatrollt4. It, for any rcaaon during such
period, this CIIp.elty llDd/or crierS)' II (arc) no lonser lMlilablc or cannot be IIC<."Ommodated by lbe Company'_ !)'Stem, the terms
""-" of this Special Provision will cease to npply lli ~d imerroptioo$ will be require() for the remainder of such period.
Any customer scr\'Cd under tl1is tate scbw!.lc may eJeo..... to minimize the intemlpdons tbrou8h the procedure de6crlbcd above.
lbe blitlal olo(:tiOQ must be l\ul.do in tbe C'"mnmerclal/lndusttial Load Control Program A&teemoQt. My adjustment or change
to the elcetk.lll mUll.t be pnM~eQ to the COlTI,~.ny witb at ~ Z4 hou~' written Dotitc (DOt ltIcluding hollda)'l and weekends) and
must be by D1LwaJ alfC'ClnCl\l, In wrttlng, b(;lwooa \.bo Cu:mxner imd tbc CoInpony. In sucb case, the written notice will replace
any prior a\6Qioll with l'fl3atd to this C..ootir~Jlt}. of Service Provision.
B\ILES AND R1tQ\.!J.J\-'UQtl~j
Set'\'icc under this 6Cbcdu!o I.s .ubject t() orc~l'$ of goYemmental bo<Jlcs baving juci$dlction and to the currently effective 'Oenora!
Rules Bod RedulatioDl for 1~loctric ScMce' 1)11 tile witb t~ FlOri4a PubliC Service Conuui$Sioa. 10 case of cooI1ict between any
provi$ion of lhit Kbedulc and $aid 'G~lletnl Rules and Regulations fot Ek~ric Se~' the prOYi$ion of this ~hed~1c thall apply.
!2f.FINmONS:
Gcneratit1a CapBclty Emoraenc:y:
A OcncraUn. Capeeity Emeraenc:y exi$ts when any one of the electric utilitiC$ in tbe state of Florida hu Inadequate aeneraUna
capability, including purchased pOwer, to supply il.S lirm 1000d obliaations.
Force Majeure:
Force Majeure for the pu~ of this schedule means causes not within the reasonable control of the Customer affected and
not caused by the ne.ligence or lack of due diligence of the CUSl~r. Such events or circurnstBl1CO$ msy inclu4f flt;lS of 000,
strl\ces, lockouts or otber Iabet disputes or dtmculties, wars, blockades, lnsurreL"llons, rioU, envtronmel1wl comrralnts lawfully .
impollCd by Federal, Stato, or local governmental bodie6, expl06iom, tim, floods, lightning, wind, accidents to equipment or
machinery, or similar occurrcl1OC$.
.
\.-;
Issued b~ S. Eo Frank, president
EffectiVe! Jul)' ~ 1992
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~)I(
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[IT' DF DElRA' BEA[H
CITY ATTORNEY'S OFFICE 2(j() NW 1st AVG:lT . DElRAY BEACH, FLORIDA 33444
FACSI1\lILE 407/27S-.J755 Wr~t_r'. D~r_ct L~n_
(407) .243-70Sl1-
MEMORANDUM
Date: November 2, 1993
To: City Commission
From: Susan A. Ruby, City Attorney
Subject: Shaw v. Goss Wagner
This case arises out of an incident that is alleged to have
occurred at the police department on December 17, 1989. Randal
Shaw filed a lawsuit alleging that his civil rights were
violated during an interrogation of suspected burglary.
Officer Goss has been voluntarily dismissed from the suit.
There is a settlement proposed to fully resolve the suit in the
amount of $9,500 which includes all attorneys fees and costs.
Our office, with the concurrence of the Risk Manager recommends
the sett~ent contingent upon final releases being executed by
plaintiff on behalf of all parties.
By copy of this memorandum to David Harden, City Manager, our
office requests that settlement be placed on the November 9,
1993 City Commission Agenda for approval.
Please call if you have any questions.
Sincerely,
OF~
CIT
BY:
san A. Ruby,
City Attorney
SAR:ds
cc: David Harden, City Manager
Lee Graham, Risk Manager
~ 5-0 ~'-
1
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM i t)ft - MEETING OF NOVEMBER 9. 1993
REOUEST FOR FINAL PAYMENT/HAZEN AND SAWYER. P.C.
DATE: November 5, 1993
This item is before you to approve a request for final payment from
Hazen and Sawyer, P.C. in the amount of $2,858.79 for completion of
the Barrier Island Stormwater Management Study.
Staff has reviewed this project and found it to be satisfactorily
complete. A copy of the report is attached as backup material for this
item.
Recommend approval of request for final payment from Hazen and Sawyer,
P.C. in the amount of $2,858.79; with funding from Stormwater Utility
Fund - Engineer/Architect (Account No. 448-5411-538-31.30).
~5-0
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Agenda Item No.:
AGENDA REOUES!r
Date: October 27. 1993
Request to be placed on:
~ Regular Agenda
_____ Special Agenda
_____ Workshop Agenda When: November 9. 1993
Description of item (who, what, where, how much): Final pavment to Hazen and
Sawver for enaineerina services for the Barrier Island Stormwater Manaaement
StudY. (Service Authorization #14) proiect No. 93-52. Enaineerina has received
final copies of the preliminarv desian report on the proposed Barrier Island
Stormwater Manaaement Svstem.
Final pavment is in the amount of S2.858.79. The total fee for this service
authorization was S7.248.00.
ORDINANCE/RESOLUTION REQUIRED: YES~DRAFT ATTACHED YES~
Recommendation: Staff recommends final pavment to Hazen and Sawver in the
amount of S2.858.79.
Department Head Signature:~
Determination of consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable)
Buqget Director Review (required on all items involving expenditure of funds):
~Undinq available. ~NO
unding alternatives (if applicable) ~
Account No. & Description ~ SY-/I S38' 3/ 30 ~::t'~~~T~ ~.P-
Account Balance J ~I do ~ .:::-
City Manager Review:
Approved for agenda: @;/NO tJV']
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
File: AG352027.MRM
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DEPARTMENT OF ENVIRONMENTAL SERVICES
MEMORANDUM
TO: DAVID T. HARDEN
CITY MANAGER
FROM: WILLIAM H. GREENWOOD I! 1~f:::/1-.._
DIRECTOR OF ENVIRO~~~v,~~S
DATE: NOVEMBER 3, 1993
SUBJECT: AGENDA REQUEST - NOVEMBER 9TH REGULAR MEETING
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Attached for your review is an Agenda Request for the November
9th regular meeting. This request is for final payment to Hazen
& Sawyer in the amount of $ 2,858.79 for engineering services for
Service Authorization No. 14.
Service authorization No. 14 was a study and report of the
preliminary design criteria of the proposed stormwater pump
stations on the barrier island. This report is the basis for
final design of stormwater pump stations to be funded by the
stormwater utility. A copy of this report is attached for your
review and use. The total fee to Hazen & Sawyer for this report
is $ 7,248.00 and will be charged to expense code
No. 448-5411-538-31.30.
WGRHDH.KT
cc: Ralph E. Hayden, P.E., City Engineer
File: Memos to City Manager
WGRHDH.KT
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i i ~ 3- S 0- :L
4
/ .
./ HAzEN AND SAWYER Hazen and Sawyer, P. C.
2101 Corporate Blvd.
Environmental Engineers & Scientists . .~ p.''. / ;:::', f-: ;:, t ;'.,1 Hi Boca Raton, FL 33431
Lilt 'i~'; ":. ; ',,," I, n. 407997.8070
Fax 407 997.8159
q3 OC~ " , M111:46
~. .f "' j ..: I
f~ [~ {~ t~~ .~ \~/ ,r:. D
CITY OF DELRA Y BEACH
ACCOUNTS PAYABLE
.100 Northwest First Avenue
Delray Beach, Florida 33444
Project No. 93-52 October 19, 1993
Purchase Order No. 520496 H&S Job No. 4148
Task Order No. 14 Invoice No.2
BARRIER ISLAND STORMWATER MANAGEMENT SYSTEM STUDY
For engineering services for the preliminary design for stormwater pump stations as per Contract
dated June 22, 1993. For the period ending September 30, 1993.
I Iv
CLASSIFICATION NAME RATE HOURS AMOUNT
Project Manager . Taylor, Jr., R. $76.44 36.0 $2,751.84
Engineer Martin, R. 56.52 2.0 113.04
Drafter O'Connor, R. 43.26 14.5 627.27
Subtotal Labor 52.5 $3,492.15
TOTAL AMOUNT DUE THIS INVOICE ~2,858.79
-
CITY OF DELRA Y BEAC';
ENVIRONMENTAL SERVICES DEPARTMENT
PAYMENT REVIEW
o ~.Pf'ROVEO o PARTIAL PAYMENT
o NOT APP110V:::O ~INAI. PAYMENT
P.O." 5.;2.049(;,
BUDGET ACCT.n:.!!f8 - ~~1I-5.rlJ-.5f.3(J
By: (SIGNATURE)
c: A. F. Sykes
R. Logan -
(PFUN1) ~ -(9
Hwd:4148/ (1)
DATE: 10 &r 3
.-----------. ....--'"
New York, NY . Armonk, NY . Upper Saddle River, NJ . Raleigh. HC . Cha~o"e. HC . RI~hmond, VA . Hollywood, FL . Boca Aaton, FL . Fort PI'r~e. FL . Jupiter. FL . Miami. FL . Bogola. D.E. Colombia
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< .
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.- HAzEN AND SAWYER
,
CITY OF DELRA Y BEACH
INVOICE NO.2
H&S JOB NO. 4148
OCTOBER 19, 1993
BARRIER ISLAND STORMWATER
MANAGEMENT SYSTEMS STUDY
SUMMARY
CONTRACT AMOUNT: /'
$7,248.00
AMOUNT EARNED THIS PERIOD: ,/'
$2,858.79
AMOUNT PREVIOUSL YEARNED: $4,389.21/
t:J1!t-~
AMOUNT REMAINING: $ 0.00/ .
~
Hwd:4148/ (2)
., . .. .
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CITY OF DELRAY BEACH
DEPARTMENT OF
ENVIRONMENTAL SERVICES
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~ PRELIMINARY DESIGN REPORT
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~ BARRIER ISL1\ND STORMWATER MANAGEMENT
........
r-
0'- IlAzENAND SAwYER
OCTOBER 1993
Environmental Engineers & Scientists
..... PROJECT No. 4148
I
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Preliminary Design Report
Barrier Island
Stormwater Management
Prepared For
The City of Delray Beach
Environmental Services
October 1993
I HAzEN AND SAWYER
Environmental Engineers & Scientists
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PRELIMINARY DESIGN REPORT
TABLE OF CONTENTS
1.0 Background
History
Stormwater Masterplan
2.0 Pump Station Siting
Existing Systems
Requirements
Easements
3.0 Design Criteria
Flood Protection
Water Quality
Tidal Conditions
Hydrologic Analysis
Hydraulic Analysis
Level of Service Policy
4.0 Preliminary Design
Project Descriptions
Utility Coordination
Pump Specifications
Pump Housing
Appurtenances
5.0 Additional Data Requirements
6.0 Preliminary Cost Opinions
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1.0 BACKGROUND
History
The City of Delray Beach has drainage problems in many areas on its Barrier Island. One of the
primary factors causing these problems is high tidal conditions. In many cases the existing storm
sewers act as a conduit for rising tide waters to flood roads and private property. In many areas,
roads and lots have been constructed at grades below high tide levels.
In 1992, the City began a program of constructing check valves on storm sewers outfalling to the
Intracoastal Waterway. This helped in the prevention of backflow of tide waters through the storm
sewer, but still left the areas vulnerable to rainfall events coinciding with high tide conditions. This
is due to the fact that the systems still depend on gravity for discharge, and the high tide
(tailwater) conditions prevent this.
By combining the use of a backflow preventor, such as a check valve or flap gate, and a
stormwater pumping station, this vulnerability to coinciding high tide and heavy rainfall events can
be eliminated. This is due to the fact that the pump can overcome the head conditions created
by the high tides (i.e. discharge against gravity).
Stormwater Master Plan
In March 1993, Mock, Roos & Associates completed a Stormwater Masterplan for the City. This
document addressed stormwater management/drainage on the Barrier Island. Their findings
indicated that drainage was provided previously through independent gravity storm sewers and
two stormwater pump stations located north of Atlantic Avenue (Thomas Street and Basin Street).
Based on the previously discussed problems with the gravity storm sewers, their recommendation
was to install 11 new electronic submersible pump stations at various locations subject to flooding
problems. They also indicated that some portions of the storm sewer may need to be improved
so as not to limit discharge capacity. The sizing of pump stations for the purpose of the
masterplan was based on the criteria of removing one inch of runoff per hour; a value proposed
based on the apparent pumping capacity of the City's two existing stormwater pump stations.
The scope of this project was to begin implementation of the improvements recommended in the
Stormwater Masterplan regarding stormwater pump stations. Tasks included facility siting,
refinement of design criteria, preliminary design, identification of additional data requirements, and
development of preliminary cost opinions. It was not in the scope of this project to reinvestigate
the need for pump stations at each of the locations indicated in the Masterplan. However, based
on our findings, experience, and discussions with City staff, proposed pump stations on White
Drive and Brooks Lane (per the Stormwater Masterplan) have been replaced by gravity system
improvements. It is our recommendation that as more detailed information (particularly
topographic data) is obtained that the City evaluate each system individually to assess the actual
need for a pump station at that specific location. The remainder of the report, however, deals
with the implementation of the improvements outlined in the Masterplan with the exception of the
previously noted changes 0/1 White Drive and Brooks Lane.
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2.0 PUMP STATION SITING
ExistinQ Systems
The City has MfO existing stormwater pump stations, located on Basin Drive and Thomas Street
at the Intracoastal Waterway. The station at Basin Drive is proposed to be rehabilitated while the
one at Thomas Street will be left unchanged. The locations of the other eleven stations are
dictated primarily by the locations of the existing storm sewer outfalls.
SitinQ RequirelTlents
There are a number of physical and legal requirements involved in the siting of the pump stations.
As already stated, the actual location of the existing storm sewer facilities (especially the outfall)
is critical. Also, the station must be physically accessible and placed within the City right-of-way
or a dedicated utility easement. Whenever possible, siting should attempt to minimize disturbance
of improvements such as landscaping and fencing. The stations must be placed in a location
which minimizes conflicts with other utilities and has access to an electric power source. It is
desirable to make the stations as unobtrusive and aesthetically pleasing as possible. The
majority of the stations proposed have small submersible pumps, and the majority of the facility
is underground. The riser portion of the facility can be hidden with landscaping.
Easements
Some of the stations can be placed in existing rights-of-way or easements. Others, due to size
or other factors may require additional easements. Typically, drainage easements already exist
for the storm sewer outfalls, and these easements will be utilized if they are sufficient in size.
However, some plats do not indicate easements for existing outfalls. In some cases, temporary
construction easements may also be necessary.
3.0 DESIGN CRITERIA
History
Based on this review of the existing island pump stations, Mock, Roos & Associates found that
a pumping rate equivalent to the removal of one inch per hour was provided. The sizing of pump
stations proposed in the Stormwater Masterplan was therefore based on this same pumping
criteria. This criteria has been further evaluated to determine the level of flood protection it
actually provides for the subject systems.
Flood Protection
The major objectives of the proposed pumping facilities are to protect the City roads and private
property in the affected project area. Therefore, the proposed facilities should be evaluated
based on field conditions (elevations, land use, etc.) and standard design storm events to assure
that adequate levels of protection are being provided. The standard design storm used to
evaluate the protection of buildings is the 100 year storm event. Protection of roadways is based
on different storm events depending upon the agency(ies) having jurisdiction. For new roadways
the South Florida Water Management District design storm is a 5 year, 24 hour event. The City
of Delray Beach's Land Development Regulations base nevy roadway design on a 10 year storm
4148ROO1.BCA:10-14-93 3
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event while the City's Comprehensive Plan adopts the South Florida Water Management District
criteria. In this case, dealing with pre-existing roadways, it is recommended that these stormwater
drainage systems be designed for the 5 year storm event. Trying to retrofit for the 10 year storm
would be economically less feasible. Therefore, for the protection of roadways and building
finished floor elevations, the appropriate design rainfall events are the 5 year, 1 day and 100 year,
3 day respectively.
Water Quality
Currently, some of the stormwater management systems in question have roadside swales for
water quality treatment and others have no facilities for water quality treatment. The City's
Stormwater Masterplan does not address retrofitting stormwater management systems for water
quality treatment when outfalls are being modified (i.e., enlarged or addition of a pump station).
However, preliminary conversations with SFWMD representatives have indicated that the District
may require retrofitting for water quality. It is outside of the scope of this report to address water
quality provisions, however, it is recommended that the City coordinate this matter with SFWMD
to determine the leve' and manner of water quality treatment to De provlceci.
Tidal Conditions
In order to assess drainage and stormwater pumping needs for the barrier island systems, data
regarding tidal conditions were necessary. Especially important were data regarding mean high
water, (spring range) mean higher high water, and extreme high water conditions. Mean high
water refers to regular high tide conditions. Mean higher high water refers to the high tide
condition occurring approximately twi(:t~ monthly In relation to the occurrence of full moons.
Extreme high tides are unusually high (ides resulting from astronomical factors and obtained by
reviewing tide table predictions.
Based on inforlllation from National O. :ean Service (NOS) Station 8722746 located in Delray
Beach the follol}, ing data W~jfH derived.
(Spring range) mean higher high water 1.91' NGVD
Mea,l high wator 1.76' NGVD
Mea,l tide level 0.51' NGVD
Mea.l low water -0.74' NGVD
(Spnng range) mean lower low water -0.89' NGVD
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Also, an investigation of annual tidal data as reported in "Tide Tables 1993 High and Low Water
Pmdiction East Coast of North and South America, Including Greenland" reveals information
important to decision making regarding stormwater drainage facilities for the subject areas. These
data indicate the extreme high tides which exceed the mean higher high water elevation of 1.91'
NGVD and often cause road and private property flooding. The streets in the subject project area
have low points ranging from approximately 2.60' NGVD to 3.30' NGVD. A review of the tidal
data indicate a total of 30 proposed occurrences on 18 days in 1993 on which high tide elevations
will be in excess of 2.60' NGVD. These are times when coinciding rainfall events have a greater
chance of causing significant road flooding if pump stations are not provided.
HvdroloQic Analvsis
For each of the systems Involved in this project, a preliminary hydrologic study of the drainaQe
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basins has been performed. For each of the basins, the necessary hydrologic parameters have
been estimated. These parameters include drainage area, runoff coefficient, time of
concentration, and rainfall intensity. The resultant parameter values and estimated runoff rates
are shown in Table 3.1. ,
Hydraulic Analysis
Preliminary hydraulic analyses have been performed for the systems/basins to determine the
necessary gravity storm sewer and/or pump station improvements. Hydraulic parameters (pipe
sizes/types) for existing facilities are based on information from the City's drainage atlas and
Stormwater Masterplan, and supplemental by field reconnaissance. These preliminary analyses
need to be refined with input from specific survey information. Detailed information will be
necessary for final design and may result in changes to the proposed modifications.
Level of Service Policy
Prior to the commencement of final design, the City must make.some policy decisions. regilrding
the level of service to be provided to the SUbiect area~. As with most services, the level of
service can be Increased, but at an Increased cost. Usually as the level of service continues to
rise, there is a drop off In the incremental level of service achieved per Incremental level of
spending. The City must make decisions regarding a level of service which provides appropriate
drainage at an acceptable cost. For example a gravity storm sewer system on White Drive may
provide excellent drainage under normal conditions. By adding a check valve on the outfall,
backflow can be prevented under extreme tidal conditions. However, to drain the area during
extreme tidal conditions coinciding with a substantial rainfall event may require a pump station.
The probability of these events coinciding are low and the City must decide whether the
incremental increase in service/protection is worth the cost of the new facilities. Each
situation/area should be dealt with separately based on physical information (drainage area,
Intensity of development, topography) regarding the basin.
The following four levels of service have been developed to indicate levels of performance that
can typically be achieved through varying levels of system improvements.
Level Description
A No flooding or minimal flooding (3 inches or less at edge of pavement) under even
extreme tides (>2.60'NGVD) coinciding with 5 year, 1 day rainfall event.
B. No flooding due to backflow of extreme high tides through storm sewer. No flooding
or minimal flooding (3 Inches or less at edge of pavement) under normal and spring
high tides, coinciding with the 5 year, 1 day rainfall event. Significant flooding (>3
inches at edge of pavement) for extreme tides coinciding with heavy rainfall events.
C. No flooding or minimal flooding under normal or spring high tide conditions coinciding
with the 5 year, 1 day rainfall event. Significant flooding under extreme high tide
conditions with or without coinciding rainfall events.
D. Significant flooding under a 5 year, 1 day rainfall event coinciding with normal, spring
or extreme high tide conditions. Significant flooding under extreme high tides without
coinciding rainfall events.
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Most of the existing systems discussed in this report fall into level D due to undersized gravity
system outfalls and no devices for preventing backflow of high tidal waters through storm sewers
and onto City streets.
Upgrading to level C can be achieved for most of these systems through the enlargement of the
undersized outfalls. Flooding due to extreme high tide conditions will continue because no
backflow prevention device has been installed.
Upgrading to level of service B typically requires the installation of a backflow prevention device,
along with the outfall enlargement, to eliminate extreme high tides from backing up through storm
sewers and flooding City streets. Flooding would still occur for significant rainfall events
coinciding with oxtremely high tides due to the inability of the gravity storm sewer system to
discharge against high tailwater.
Upgrading to level of service A typically requires the installation of a stormwater pump station.
This is the highest level of service and would typically eliminate flooding associated with a 5 year
rainfall event coinciding with extreme high tide conditions.
Table 3.2 shows expected conditions for each of the systems considering the improvements
outlined in Section 4.0, and shown in Figures 1-6. Expected conditions are for a 5 year storm
event coinciding with each of the normal, spring and extreme (>2.60'NGVD) high tide conditions
discussed. Considering these improvements, all systems would be operating at Level of Service
A as outlined previously.
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TABLE 3.2 AN1ICIPATED LEVEL OF SERVICE
(5 Year Design Sh:lrm with Proposed Improvements)
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Normal Spring Extreme
System High Tide High Tide High Tide
Harbor Drive No Flooding No Flooding No Flooding
Island Drive No Flooding No Flooding No Flooding
Beach Drive No Flooding No Flooding No Flooding
Sea Spray Avenue No Flooding No Flooding No Flooding
Water Way Lane No Flooding No Flooding No Flooding
Basin Drive No Flooding No Flooding No Flooding
Atlantic Avenue .. No Flooding No Flooding No Flooding
Miramar Drive No Flooding No Flooding No Flooding
Bay Street No Flooding No Flooding No Flooding
Sea Sage Drive No Flooding No Flooding Minimal Flooding
Brooks Lane No Flooding No Flooding Minimal Flooding
White Drive No Flooding No Flooding Minimal Flooding
Minimal Flooding - less than 3 inches of standing water at the roadway edge of pavement.
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4.0 PRELIMINARY DESIGN
Proiect Descriptions
Harbor Drive: This is a small residential area on the Intracoastal Waterway and a finger canal.
Currently it is drained by two independent gravity storm sewer systems and frequently floods due
to high tidal conditions. Proposed improvements include increasing the outfall size, connecting
the two systems, and constructing a stormwater pump station (approximately, 5000 gpm).
Island Drive: This is a small residential area on the Intracoastal Waterway and a finger canal.
Currently it is drained by two independent gravity storm sewer systems and frequently floods due
to high tidal conditions. Proposed improvements include increasing the outfall size, connecting
the two sy~tQms, apd constructing a stormwat13r pump station (approximately 5000 gpm).
Beach Drive: This is a small residential area on the Intracoastal Waterway and a finger canal.
Currently it is drained by two independent gravity storm sewer systems and frequently floods due
to high tidal conditions. Proposed improvements include increasing the outfall size, connecting
the two systems, and constructing a stormwater pump station (approximately 10,000 gpm).
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Sea Spray Avenue: This is a small residential area on the Intracoastal Waterway and a finger
canal. Currently it is drained by a gravity storm sewer system and frequently floods due to high
tidal conditions. Proposed improvements include increasing the outfall size and constructing a
stormwater pump station (approximately 5000 gpm).
Water Way LanH: This Is a small residential area on the Intracoastal Waterway and a finger
canal. Currently it is draineci by a gravity storm sewer system and frequently floods due to high
tidal conditions. Proposed improvements included increasing the outfall size and constructing a
stormwater pump station (approximately 5000 gpm).
Basin Drive: This area includes the single and multi-family residential areas along Basin Drive
and Lowry Street. A portion of this area is currently served by an existing pump station on Basin
Drive. The other portion is Sl3rved by a oravity storm sewer on Lowry Street. This area frequently
undergoes flooding due to high tidal conditions. Proposed improvements include the
reconstruction of the Basin Drive pump station and tying in the gravity storm sewer on Lowry
Street.
Atlantic Avenue: This area includes primarily the commercial area along Atlantic Avenue.
Currently it is served by a gravity storm sewer system and frequently experiences flooding due
to high tidal conditions and an undersized poorly maintained system. Proposed improvements
include increasing the outfall size and constructing a stormwater pump station (approximately
40,000 gpm)
Miramar Drive: This area Includes the single and multi-family residential areas along McFarlane
Drive, Venetian Drive and Miramar Drive. The area is currently served by a gravity storm sewer
system and frequently undergoes heavy flooding due to high tidal conditions. Proposed
improvements include increasing the outfall size and constructing a stormwater pump station
(approximately 20,000 gpm).
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Bay Street: This area includes the single and multi-family residential areas along Bay Street,
Nassau Street and Venetian Drive. The area is served by a gravity storm sewer system which
outfalls at Bay Street and Venetian Drive. The area frequently undergoes flooding (heavy along
Nassau Street) due to high tidal conditions. Proposed improvements include increasing the outfall
size and constructing a stormwater pump station (approximately 18,000 gpm).
Sea Sage Drive: This is a single family residential area along the Intracoastal Waterway. The
area is currently served by two independent gravity storm sewer systems and sometimes
undergoes flooding due to high tidal conditions. Proposed improvements include increasing the
outfall sizes, installation of tide flex check valves, and constructing a stormwater pump station
(approximately 15,000 gpm).
Brooks Lane: This is a small residential area on the Intracoastal Waterway and a finger canal.
Currently it is drained by two independent gravity storm sewer systems and sometimes floods due
to high tidal conditions. Proposed improvements include increasing outfall sizes and the
installation of tide flex check valves.
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White Drive: This is a small residential area on the Intracoastal Waterway and a finger canal.
Currently it is drained by a gravity storm sewer system and sometimes floods due to high tidal
conditions. Proposed improvements include increasing the outfall size and installation of a tide
flex check valve.
Utility Coordination
Coordination for the purposes of locating other utilities within the right-of-ways for the areas
undergoing improvements has been initiated. This coordination is intended only to give a general
representation of other utilities' locations to determine where conflicts may exist and to determine
the need for further coordination.
The City of Delray Beach Environmental Services Department maintains the water distribution and
wastewater collection facilities for the subject areas. All the streets involved have water and
sewer mains located within the right-of-way, and their locations are indicated on figures 1-6.
Florida Public Utilities (FPU) supplies natural gas to some of the areas included in this study.
Preliminary communications with FPU indicate gas mains on a few of the streets involved in this
project. Exhibits have been sent to FPU for indication of utilities' general locations. FPU has
responded with general locations. -
Leadership Cable provides cable television service to the areas involved in this project.
Preliminary communications with Leadership indicate that most their lines on the island are aerials
placed on power poles. Exhibits have been sent to Leadership for indication of utilities' general
locations. Leadership has responded with general locations.
Florida Power and Light supplies electricity to the areas involved in the this project. A field review
of the area indicates that power lines in this area are all aerial. The locations of power poles from
which electric service may be taken to provide power to pump stations have been indicated on
Figures 1-6.
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Southern Bell provides telephone service to the areas involved in this project. Preliminary
coordination with Southern Bell has been initiated, and exhibits have been set for indications of
utilities' general locations. Southern Be"l has responded with general locations.
Pump Specifications
For the proposeej pump stations it is recommended that an axial flow electric submersible pump
be utilized. The pumps should be horizontally configured so that they can be placed underground
and excavation and dewatering costs can be minimized. Placing the pumps underground also
eliminates costs associated with pump houses. The pumps should be water filled to eliminate
priming problems, promote cooling and oliminate water pollution which may be associated with
oil filled pumps. The pumps should achieve high efficiencies, delivering high flow at low heads
and minimizing operating costs.
Pump HousinQ
The proposed pump housing is a two chambered concrete box designed to be placed
underground so that the station can be incorporated into the landscape.
Figures 7 and 8 show the pump station in section and plan view respectively. The first chamber
is the larger, and houses the pump motor and impeller. The pump discharges into the second
chamber, which is separated from the first by a concrete separator wall. In order to maintain the
necessary compression for discharge the second chamber is sealed with a neoprene gasket and
bolted steel cover. The cover can be removed if necessary for maintenance. The concrete
separator wall has an emergency by-pass to relieve flooding in case of pump failure.
Appurtenances
Tide flex valves: Check valves are to be placed on both the pump outlet and the by-pass orifice
to prevent backflow into the system.
Vortex Preventor: A vortex preventor is to be placed in the first chamber to prevent air from being
pulled into the pump motor or impeller.
Baffle/Weir: When possible, a baffle or weir should be placed in the last structure upstream of
the pump station. This will help remove sediment which will improve the quality of stormwater
being pumped/discharged and increase the performance life of the pump. The weir' crest
elevation and length should be carefully designed so that system capacity is not adversely
impacted.
Telemetry: The pump stations should be equipped with above ground electrical control panels
capable of operation by remote telemetry (See Figure 9).
5.0 ADDITIONAL DATA REQUIREMENTS
In order to proceed with final design of the proposed facilities a significant amount of additional
information will need to be obtained. This section lists the data and outlines the need for their
collection.
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Detailed Survey: In the areas of proposed construction detailed survey information will need to
be collected. Necessary survey information includes horizontal control for above ground
improvements, horizontal and vertical control for underground utilities, topography, and possibly
easements descriptions.
Televising of Existing Storm Sewers: In order to eliminate the problem of water backing into the
streets via the storm sewer system, the integrity of the storm sewer pipes, joints, and
manhole/inlet connections needs to be established. This will require the televising of these
systems, which can be completed by City forces or by a contracted vendor.
6.0 PRELIMINARY COST OPINIONS
This section outlines preliminary cost opinions for the proposed improvements. More detailed
cost opinions will be established during the detailed design process. Significant changes could
result from the following: 1) need for replacement or rehabilitation of storm sewer lines based
on the televising results, 2) Level of service policy decisions.
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The following tables outline the preliminary cost opinions for each of the proposed projects.
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BARRIER ISLAND
STORMWATER MANAGEMENT
PRELIMINARY COST OPINION
HARBOR DRIVE
Item Quantity Unit Unit Price Total Price
15" RCP - L.F. 25.00 -
18" RCP - L.F. 27.00 -
24" RCP 750 L.F. 33.00 24,750
30" RCP - L.F. 40.00 -
36" RCP - L.F. 48.00 -
42" RCP ., - L.F. 58.00 -
48" RCP - L.F. 66.00 -
Inlet 3 EA 1,500.00 4,500
Core Existing Inlet 1 EA 600.00 600
Core Seawall 1 EA 1,000.00 1,000
Plug Existing Outfall 1 EA 500.00 500
Tide Flex Valve - EA - -
Modify Control Structure 1 EA 500.00 500
Pump Station* 1 EA 35,000.00 35,000
Pipe Removal/Disposal 120 L.F. 22.00 2,640
Asphalt Overlay 2,400 S.Y. 2.50 6,000
Utility Service Repair 6 EA 1,200 7,200
Subtotal- 82,690
E ng ineering/Surveying +12% 9,923
Contingency +10% 8,269
TOTAL 100,882
*Pump Station Costs includes housing and all appurtenances.
Estimate does not include costs for retrofitting for water quality.
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BARRIER ISLAND
STORMWATER MANAGEMENT
PRELIMINARY COST OPINION
ISLAND DRIVE
-
Item Quantity Unit Unit Price Total Price
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15" RCP - L.F. 25.00 -
--
18" RCP - L.F. 27.00 -
- --
24" RCP 650 L.F. 33.00 21,450
-
30" RCP - L.F. 40.00 -
-
36" RCP - L.F. 48.00 -
--
42" RCP .. - L.F. 58.00 -
-
48" RCP - L.F. 66.00 -
--
Inlet 4 EA 1,500.00 6,000
Core Existing Inlet - EA 600.00 -
Core Seawall 1 EA 1,000.00 1,000
Plug Existing Outfall 1 EA 500.00 500
Tide Flex Valve - EA - -
Modify Control Structure 1 EA 500.00 500
Pump Station* 1 EA 35,000.00 35,000
Pipe Removal/Disposal 350 L.F. 22.00 7,700
Asphalt Overlay 2,500 S.Y. 2.50 6,250
Utility Service Repair 6 EA 1,200 7,200
Subtotal .. - 85,600
Engineering/Surveying +12% 10,272
Contingency +10% 8,560
TOTAL 104,432
*Pump Station Costs includes housing and all appurtenances.
Estimate does not include costs for retrofitting for water quality.
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STORMWATER MANAGEMENT
PRELIMINARY COST OPINION
BEACH DRIVE
Item Quantity Unit Unit Price Total Price
15" RCP - L.F. 25.00 -
18" RCP - L.F. 27.00 -
24" RCP 600 L.F. 33.00 19,800
30" RCP - L.F. 40.00 -
,
36" RCP 140 L.F. 48.00 6,720
42" RCP - L.F. 58.00 -
.
48" RCP - L.F. 66.00 -
Inlet 2 EA 1,500.00 3,000
Core Existing Inlet 1 EA 600.00 600
Core Seawall 1 EA 1,000.00 1,000
Plug Existing Outfall 1 EA 500.00 500
Tide Flex Valve - EA - -
Modify Control Structure 1 EA 500.00 500
Pump Station. 1 EA 45,000.00 45,000
Pipe Removal/Disposal 140 L.F. 22.00 , 3,080
--
Asphalt Overlay 2,000 S.Y. 2.50 5,000
-
Utility Service F~epair 6 EA 1,200 7,200
-- - --
Subtotal 92,400
- - - -- .' -
- --
Engineering/Surveying +12% 11,088
Contingency +10% 9,240
TOTAL 112,728
*Pump Station Costs includes housing and all appurtenances.
Estimate does not include costs for retrofitting for water quality.
.
--.
4148ROO1.BCA:10-14-93 15
..
.,
STORMWATER MANAGEMENT
PRELIMINARY COST OPINION
SEA SPRAY AVENUE
Item Quantity Unit Unit Price Total Price
15" RCP - L.F. 25.00 -
18" RCP - L.F. 27.00 -
24" RCP 460 L.F. 33.00 15,180
30" RCP - L.F. 40.00 -
36" RCP - L.F. 48.00 -
42" RCP - L.F. 58.00 -
'.
48" RCP - L.F. 66.00 -
Inlet 2 EA 1,500.00 3,000
Core Existing Inlet 1 EA 600.00 600
Core Seawall 1 EA 1,000.00 1,000
Plug Existing Outfall - EA 500.00 -
Tide Flex Valve - EA - -
Modify Control Structure 1 EA 500.00 500
Pump Station. 1 EA 35,000.00 35,000
Pipe Removal/Disposal 460 L.F. 22.00 10,120
Asphalt Overlay 1,500 S.Y. 2.50 3,750
Utility Service Repair 4 EA 1,200 4,800
Subtotal 73,950
Engineering/Surveying +12% 8,874
Contingency +10% 7,395
TOTAL 90,219
*Pump Station Costs Includes housing and all appurtenances.
Estimate does not include costs for retrofitting for water quality.
4148ROO1.BCA:10-14-93 16
"
'.
.
STORMWATER MANAGEMENT
PRELIMINARY COST OPINION
WATER WAY LANE
Item Quantity Unit Unit Price Total Price
15" RCP - L.F. 25.00 -
18" RCP - L.F. 27.00 -
24" RCP 120 L.F. 33.00 3,960
30" RCP - L.F. 40.00 -
36" RCP - L.F. 48.00 -
42" RCP - L.F. 58.00 -
..
48" RCP - L.F. 66.00 -
-
Inlet - EA 1,500.00 -
Core Existing Inlet 1 EA 600.00 600
Core Seawall 1 EA 1,000.00 1,000
-
Plug Existing Outfall - EA 500.00 -
Tide Flex Valve - EA - -
Modify Control Structure 1 EA 500.00 500
Pump Station* 1 EA 35,000.00 35,000
Pipe Removal/Disposal 120 L.F. 28.00 2,640
Subtotal 43,700
Engineering/Surveying +12% 5,244
Contingency +10% 4,370
TOTAL 53,314
*Pump Station Costs includes housing and all appurtenances.
Estimate does not include costs for retrofitting for water quality.
.
414BROO1.BCA:10-14-93 17
'.
'.
STORMWATER MANAGEMENT
PRELIMINARY COST OPINION
BASIN DRIVE
Item Quantity Unit Unit Price Total Price
15" RCP 60 L.F. 25.00 1,500
18" RCP 60 L.F. 27.00 1,620
24" RCP 300 L.F. 33.00 9,900
30" RCP - L.F. 40.00 -
36" RCP - L.F. 48.00 -
42" RCP - L.F. 58.00 -
48" RCP - L.F. 66.00 -
Inlet 4 EA 1,500.00 6,000
Core Existing Inlet 2 EA 600.00 1,200
Core Seawall 1 EA 1,000.00 1,000
Plug Existing Outfall 1 EA 500.00 500
Tide Flex Valve - EA - -
Modify Control Structure 1 EA 500.00 500
Pump Station* 1 EA 35,000.00 35,000
Pipe Removal/Disposal - L.F. 22.00 -
Asphalt Overlay 1,800 S.Y. 2.50 4,500
Utility Service Repair 4 EA 1,200 4,800
Subtotal 66,520
Engineering/Surveying +12% 7,982
Contingency +10% 6,652
TOTAL 81,154
= --
*Purnp Station Costs includes housing and all appurtenances.
Estimate does not include costs for retrofitting for water quality.
.
4148ROO1.BCA:10-14-93 18
'.
'.
STORMWATER MANAGEMENT
PRELIMINARY COST OPINION
ATLANTIC AVENUE
:
Item Quantity' Unit Unit Price Total Price
15" RCP - L.F. 25.00 -
18" RCP - L.F. 27.00 -
24" RCP - L.F. 33.00 -
30" RCP - L.F. 40.00 -
36" RCP - L.F. 48.00 -
42" RCP - L.F. 58.00 -
..
48" RCP 550 L.F. 66.00 36,300
Inlet - EA 1,000.00 -
Core Existing Manhole 1 EA 600.00 600
Core Seawall 1 EA 1,000.00 1,000
Plug Existing Outfall - EA 500.00 -
Tide Flex Valve - EA - -
Modify Control Structure - EA 500.00 -
Pump Station* 1 EA 80,000.00 80,000
Pipe Removal/Disposal 550 L.F. 28.00 15,400
Subtotal 133,300
Engineering/Surveying . - 15,996
+12%
Contingency +10% 13,330
TOTAL 162,626
*Pump Station Costs includes housing and all appurtenances.
Pavement repair, streetscape, and other related drainage improvement needs are being
developed under a separate project.
.
4148ROO1.BCA:10-14-93 19
'.
'.
STORMWATER MANAGEMENT
PRELIMINARY COST OPINION
MIRAMAR DRIVE
Item Quantity Unit Unit Price Total Price
15" RCP - L.F. 25.00 -
18" RCP - L.F. 27.00 -
24" RCP - L.F. 33.00 -
30" RCP 60 L.F. 40.00 2,400
36" RCP 150 L.F. 48.00 7,200
42" RCP - L.F. 58.00 -
48" RCP - L.F. 66.00 -
Inlet 2 EA 1,500.00 3,000
Core Existing Inlet - EA 600.00 -
Core Seawall 1 EA 1,000.00 1,000
Plug Existing Outfall - EA 500.00 -
Tide Flex Valve - EA - -
Modify Control Structure 1 EA 500.00 500
-
Pump Station. 1 EA 60,000.00 60,000
.-
Pipe Removal/Disposal 210 L.F. 22.00 4,620
--
Subtotal 78,720
-
Engineering/Surveying +12% 9,446
Contingency +10% 7,872
I
TOTAL 96,038
*Pump Station Costs includes housing and all appurtenances.
Costs for asphalt overlay have not been included due to the small area being disturbed.
Estimate does not include costs for retrofitting for water quality.
4148ROO1.8CA:10-14-93 20
'.
'.
STORMWATER MANAGEMENT
PRELIMINARY COST OPINION
BAY STREET
Item Quantity Unit Unit Price Total Price
15" RCP - L.F. 25.00 -
18" RCP - L.F. 27.00 -
24" RCP - L.F. 33.00 -
30" RCP - L.F. 40.00 -
36" RCP 160 L.F. 48.00 7,680
42" RCP - L.F. 58.00 -
,.
48" RCP - L.F. 66.00 -
Inlet 1 EA 1,500.00 1,500
I Core Existing Inlet - EA 600.00 -
Core Seawall 1 EA 1,000.00 1,000
Plug Existing Outfall - EA 500.00 -
Tide Flex Valve - EA - -
Modify Control Structure 1 EA 500.00 500
Pump Station. 1 EA 60,000.00 60,000
Pipe Removal/Disposal 160 L.F. 22.00 3,520
Utility Service Repair 1 EA 1,200 1,200
Subtotal 75,400
" -
Engineering/Surveying +12% 9,048
Contingency +10% 7,540
TOTAL 91,988
*Pump Station Costs includes housing and all appurtenances.
Costs for asphalt overlay have not been included due to the small area being disturbed.
Estimate does not include costs for retrofitting for water quality.
.
_._.-
4148ROO1.BCA:10-14-93 2'1
I
'.
'.
STORMWATER MANAGEMENT
PRELIMINARY COST OPINION
SEA SAGE DRIVE
Item Quantity Unit Unit Price Total Price
15" RCP - L.F. 25.00 -
-.
18" RCP - L.F. 27.00 -
24" RCP - L.F. 33.00 -
-
30" RCP - L.F. 40.00 -
36" RCP 750 L.F. 48.00 36,000
42" RCP - L.F. 58.00 -
..
48" RCP - L.F. 66.00 -
Inlet 3 EA 1,500.00 4,500
-
Core Existing Inlet - EA 600.00 -
Core Seawall 2 EA 1,000.00 2,000
Plug Existing Outfall - EA 500.00 -
Tide Flex Valve 2 EA 6,250.00 12,500
Modify Control Structure 1 EA 500.00 500
Pump Station* 1 EA 50,000.00 50,000
Pipe Removal/Disposal 750 L.F. 22.00 16,500
Asphalt Overlay 1,800 S.Y. 2.50 4,500
Utility Service Repair 6 EA 1,200 7,200
Subtotal 133,700
-
Eng ineering/Su rveying +12% 16,044
Contingency +10% 13,370
TOTAL 163,114
*Pump Station Costs includes housing and all appurtenances.
Estimate does not include costs for retrofitting for water quality.
.
4148ROO1.BCA:10-14-93 22
'.
'.
STORMWATER MANAGEMENT
PRELIMINARY COST OPINION
BROOKS LANE
Item Quantity Unit Unit Price Total Price
15" RCP - L.F. 25.00 -
18" RCP - L.F. 27.00 -
24" RCP 240 L.F. 33.00 7,920
30" RCP - L.F. 40.00 -
36" RCP - L.F. 48.00 -
42" RCP - L.F. 58.00 -
48" RCP .. L.F. 66.00
- -
Inlet 2 EA 1,500.00 3,000
Core Existing Inlet 2 EA 600.00 1,200
Core Seawall 2 EA 1,000.00 2,000
Plug Existing Outfall - EA 500.00 -
Tide Flex Valve 2 EA 3,495.00 6,900
Modify Control Structure - EA 500.00 -
Pump Station. - EA - -
Pipe Removal/Disposal 240 L.F. 22.00 5,280
Asphalt Overlay 2,000 , S.Y. 2.50 5,000
Utility Service Repair 2 EA 1,200 2,400
Subtotal 32,590
.-- -
-
Engineering/Surveying +12% 3,911
Contingency +10% 3,259
-
TOTAL 39,760
Estimate does not include costs for retrofitting for water quality.
.
r- 4148ROO1.BCA:10-14-93 23
I
I '
..
"
.
STORMWATER MANAGEMENT
PRELIMINARY COST OPINION
WHITE DRIVE
Item Quantity Unit Unit Price Total Price
15" RCP - L.F. 25.00 -
18" RCP 30 L.F. 27.00 810
24" RCP - L.F. 33.00 -
30" RCP 120 L.F. 40.00 4,800
36" RCP - L.F. 48.00 -
42" RCP - L.F. 58.00 -
..
48" RCP - L.F. 66.00 -
Inlet 1 EA 1,500.00 1,500
Core Existing Inlet 1 EA 600.00 600
Core Seawall 1 EA 1,000.00 1,000
Plug Existing Outfall - EA 500.00 -
Tide Flex Valve 1 EA 6,098.00 6,098
Modify Control Structure - EA 500.00 -
Pump Station. - EA - -
Pipe Removal/Disposal 150 L.F. 22.00 3,300
Asphalt Overlay 1,800 S.Y. 2.50 4,500
Utility Service Repair 2 EA 1,200 2,400
Subtotal 18,910
Engineering/Surveying +12% 2,269
Contingency +10% 1,891
TOTAL 23,070
Estimate does not include costs for retrofitting for water quality.
."-.--'
4148ROO1.BCA:10-14-93 24
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM i ~:[ - MEETING OF NOVEMBER 9. 1993
EASEMENT AGREEMENT WITH DRUG ABUSE FOUNDATION
DATE: November 5, 1993
This item is before you to approve an easement agreement with the Drug
Abuse Foundation.
The agreement provides that the Drug Abuse Foundation will provide an
easement across its property in order to allow for the installation
and maintenance of utilities. In return, the City agrees to return
any areas disturbed by the installation or maintenance of the
utilities to their original condition.
Recommend approval of an easement with the Drug Abuse Foundation.
~ 5-0
'.
[ITY DF DELRAY BEA[H
CITY ATTORNEY'S OFFICE ~()() NW 1st ,.\VE1\'UE . DELRAY BEACH, FLORIDA 33444
L\CSI1\IILE 4()7/27~-4755 Wr~t_r'_ D~r_ct L~n_
(407) 243-7090
MEMORANDUM
Date: October 26, 1993
To: City Commission
From: David N. Tolces, Assistant City Attorn~
Subject: Easement Aqreement with Druq Abuse Foundation
The attached agreement is before you for your approval. The
Drug Abuse Foundation agreed to provide the City with a ten
foot utility easement across the southern boundary of their
property. Pursuant to the agreement, the City will return any
areas disturbed by the installation or maintenance of the
utilities to their original condition.
Please call if you have any questions.
----
DNT: sh
Attachment
cc: David Harden, City Manager
Cheryl Leverett, Executive Assistant
drug-l. dnt
'.
,.
AGREEMENT
THIS AGREEMENT is entered into this day of
-
October, 1991 by and between DRUG ABUSE FOUNDATION,
( "FOUNDATION" ) , and the CITY OF DELRAY BEACH, a Florida
Municipal Corporation in Palm Beach County, State of Florida
(hereinafter referred to as "City"):
WHEREAS, City is desirous of securing an easement
across Foundation's property for the purpose of installing and
maintaining utilities; and
WHEREAS, Foundation is desirous of granting an
easement across its property in order to allow for the instal-
lation and maintenance of utilities; and
NOW, THEREFORE, based on the premises set forth
below, the parties do hereby agree as follows:
1- Easement. Subject to the terms and conditions
contained in the Agreement, Foundation will convey upon the
executio~ this Agreement to City, an easement as depicted in
Exhibit "A" which is attached hereto and incorporated herein,
for the purpose of installing and maintaining underground
utilities.
2. Installation. City will install the subject
utilities in a generally acceptable manner within the easement
dedicated by Foundation. Such installation will be designed by
City in a manner as to protect the interest of Foundation, and
the facilities installed will continue within the dedicated
easement until they exit the property. The City will return all
existing features to equal to or better than condition prior to
the installation of the facilities.
3. Indemnification/Insurance. Each party shall be
responsible to the other for any and all negligent actions of
their party, their assigns, employees or agents.
4. Maintenance. City will maintain the subject
utilities in a reasonable condition and should City find it
'.
,.
necessary to conduct repair activities on the utilities within
the easement, City will return all disturbed areas to equal to
or better than condition prior to the action. The Foundation
understands and agrees that it may not install any structures
within the subject easement area.
5. Notices. All notices, requests, demands, and other
given if personally delivered or mailed, certified mail, return
receipt requested, to the following addresses to:
Drug Abuse Foundation
400 S. Swinton Avenue
Delray Beach, Florida 33444
City Manager
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, Florida 33444
6. Entire Aqreement.
This Agreement, along with the easement as depicted
on the plat, 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
~t set forth herein. Any amendments to said agree-
ments must be in writing and executed by both
parties.
IN WITNESS WHEREOF, the parties have accepted, made
and executed this Agreement and three (3) counterparts each
constituting an original upon the terms and conditions above
stated on the date first set forth above.
CITY OF DELRAY BEACH, FLORIDA
By:
ATTEST: Thomas E. Lynch, Mayor
City Clerk
Approved as to Form:
City Attorney
2
'.
"
DRUG ABUSE FOUNDATION
By:
Executive Director
(Print or Type Name)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me
this _ day of , 1993, by
(name of officer or agent, title of officer
or agent, of (name of
corporation acknowledging), a (state or place
of incorporation), corporation, on behalf of the corporation.
He/She is personally known to me/or has produced
(type of identification) as identification.
Signature of Notary Public -
State of Florida
--- Print, Type or Stamp Name of
Notary Public
3
'.
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM i {J - MEETING OF NOVEMBER 9, 1993
DEOBLIGATION OF COMMUNITY REDEVELOPMENT BLOCK GRANT RENTAL
REHABILITATION FUNDS/11-27 S.W. 2ND AVENUE
DATE: November 5, 1993
This item is before you to deobligate CDBG Rental Rehabilitation Funds
in the amount of $53,720, granted to Dr. Virgil Norris for
improvements to rental units at 11-27 S.W. 2nd Avenue.
At the June 22nd regular meeting, the Commission approved the award of
bid to MJD Construction for rehabilitation of the above referenced
buildings. Subsequently, at the August 10th regular meeting the
Commission approved an amendment to the tri-partite agreement between
the City, Community Redevelopment Agency and Palm Beach County for the
expansion of the South County Courthouse located at 200 S. Atlantic
Avenue. A provision of this agreement was that the CRA would acquire
and convey to the County the Norris property.
Given the above and as Dr. Norris has requested that his escrow
monies be refunded, staff recommends deobligation of the grant
funding.
Recommend deobligation of CDBG Rental Rehabilitation Funds in the
amount of $53,720, granted to Dr. Virgil Norris for improvements to
rental units at 11-27 S.W. 2nd Avenue.
~ 5"-0
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. Agenda Item No.:
~
AGENDA IlEQOES!
Date: 11/3/93
Request to be placed on:'
X Requ la r Agenda Special Agenda WorkShop Agenda
When: 11/9/93
Description of agenda item (who, what, where, how much):
Deobligation of Rental Rehabilitation Program Funds
: Hid Award #93-31 = Dr Virgil Norris
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recomme nda t ion: Approve deobligation= of funds
:
~',~~ -> ~
Department Head Signature:
I
Determination of Consistency with Comprehensive Plan:
~
City Attorney Review/ Recommendation (if applicable):
: =
Budget Director Review (required on all iteas involving expenditure
of funds):
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for agenda: NO
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
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MEMORANDUM
TO: DAVID HARDEN, CITY MANAGER
FROM: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT ~
RE: DEOBLIGATION OF RENTAL REHABILITATION PROGRAM FUNDS
BID AWARD #93-31/NORRIS
DATE: NOVEMBER 3, 1993
ITEM BEFORE THE COMMISSION:
Request from staff to deobligate $53,760 of the Rental
Rehabilitation Program dollars approved with Bid Award #93-31 for
Dr. Virgil Norris' property located at 11 - 27 SW 2nd Avenue.
The Commission formally approved the project at a regular meeting
on June 22, 1993.
BACKGROUND:
The Commission approved a $53,760 Rental Rehabilitation Program
allocation to fund the substantial rehabilitation of property
determined to have been eligible for participation 1n this
program. The bid was awarded to MJD Construction for a total
cost of $107,520. Dr. Norris was responsible for fifty percent
of the project cost. His share of the monies were properly
escrowed with the City prior to the bid award.
Since the approval of the bid award, the Commission approved a
resolution authorizing the Community Redevelopment Agency (CRA)
to proceed with the acquisition of said property. Dr. Norris,
therefore, requested to have his escrow monies refunded to him,
stating he no longer wished to participate 1n the Rental
Rehabilitation Program.
RECOMMENDATION:
Staff 1S recommending City Commission deobligate the allocation
of $53,720 of Rental Rehabilitation Program funds awarded to the
properties owned by Dr. Virgil Norris. These funds will be made
available to other eligible property owners who are on an
existing waiting list to participate in the City's Rental Rehab
Program.
LB:DQ
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[IT' DF DELIA' BEA[H
CITY ATTORNEY'S OFFICE 2()(J NW 1st AVENUE' DELRAY BEACH, FLORlDA 33444
FACSI1\IILE 407/278-4755 Wr~t_r'. D~r_ct ~~n_
(407) 243-7090
MEMORANDUM
Date: November 3, 1993
To: City Commission
From: David N. Tolces, Assistant City Attorne~
Subject: Right of Entry Agreement with Berkshire by the Sea
Condominiums - Master Booster Station
Before you for approval is a Right of Entry and License
Agreement with Berkshire by the Sea Condominiums, whose
property may be affected by the construction of the Master
Booster Station.
The attached 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 this agreement, please
call.
DNT: sh
Attachment
cc: David Harden, City Manager
Ralph Hayden, City Engineer
Cheryl Leverett, Executive Assistant
entry-1.dnt
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RIGHT OF ENTRY AND LICENSE AGREEMENT
FOR UTILITY CONSTRUCTION
PROJECT: Master Booster station
PROJECT NO: 90-05
STREET: Andrews Avenue
PROPERTY OWNER: Berkshire by the Sea Condominiums
THIS AGREEMENT entered into this .?&r/ day of
t9CrIoBEfC , 1993, by and between the CITY OF DELRAY
BEACH, a Florida municipal corporation, (hereinafter
referred to as CITY) , and Berkshire by the Sea Condominiums
referred to as (OWNER) , provides as follows:
WHEREAS, the CITY is desires to complete the utility
con~ction 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
various storage and construction tasks on the following
described property:
A portion of lot 7. "Plat of the fractional east half of section 16, township 46 south,
range 43 east" according to the plat thereof as recorded in plat book 1 at page 25 of the
pub l i c records of Pa lm Beach County, Florida, being more particularly described as
follows:
Page 1 of 4 ~
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Commence at the centerline intersection of Andrews Avenue and lowery Street as shown on
"Ocean Breeze Estates" according to the plat thereof as recorded in plat book 18 at page
36 of the public records of Palm Beach County, Florida and run on an assumed bearing of
north along the centerl ine of said Andrews Avenue for 216.00 feet; thence run east for
25.00 feet to a point on the east right-of-way line of said Andrews Avenue and being the
point of beginning of the following described easement; thence continue east for 12.00
feet; thence run north parallel with said east right-of-way line of Andrews Avenue; thence
run south along said east right-of-way for 50.00 feet to the point of beginning.
Said lands situate in the City of Delray Beach, Palm Beach County, Florida.
AND;
WHEREAS, as part of this project, the CITY is willing
to reconstruct the OWNER'S land 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 and that no permanent structures will remain on
the owners property as a result of construction.
WHEREAS, the City agrees to install and maintain a 6 '
chainlink fence throughout the duration of construction
---
along the perimeter of said easement.
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
Page 2 of 4 $
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enter upon said land of OWNER for the purpose of conducting
utility construction or modifications.
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,
made and executed this Agreement and three (3) counterparts
Page 3 of 4 ~
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each constituting an original upon the terms and conditions
above stated on the date first set forth above.
~/UdI~
" ITNESS '.
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W!TNESS
t/
CITY OF DELRAY BEACH, FLORIDA
ATTEST:
City Clerk
Approved as to Form:
---
City Attorney
Page 4 of 4 r/~
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S. tNY. EL. -2.9 \ I
CL '\:
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',I"Jl I EXISTING HAIN LINK FENCE
\:-' I TO BE RE OVED AS REQUIRED
\'!;.. I AND REIN TALLED AFTER
II I CONSTRUC ION. REMOVAL IS
I '&- I PERMITTED ONLY WITHIN LIMITS
<;1 OF TEMPO ARY CONSTRUCTION
\ I EASEMENT
I \1
ORE RILL EXIST., j
IANHO E FOR NEW I PRO OSED CONTROL PANEL
AST I VERT. PLUG II ~ (SEE ELECTRICAL DRAWINGS)
XIST. WEST INVERT I I \ I
ONST UCT FLOW I \'
HANN L TO EAST'l t "
I' PROPOSED
:::::: :::::::::::: ~ ~ I LIFT STATION SEE ELECTRICAL DRAWINGS
I I (SEE SHEET FOR ELECTRICAL IMPROVEMEN'
Ill\- -+ _ M-9) I AND CONTROLS
L..JI J W. INV. EL. -7.10
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011 . IEL. -2.6 /' I I LIMITS OF
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_ _ _ _ _ _ _ _ -l I I I / PROPOSED CONSTRUCTION
T - - r - - - - _.J I I / VALVE EASEMENT
I 1 f VAULT
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::::J I I f EMERGENCY BY-PASS
-C- ~ PROPOSED If PROPO ED AIR PUMP CONNECTION
, ,D.!'P. F.M. ~ RELEA E VALVE I
'" I f I VAULT r CONTRACTOR SHALL EXTEND
') , I SIGN EXIST. 1 1/2" WATER SERVICE
I ' , / \l TO WETWELL. NEW PIPING TO
? SEWER, II f: 'BEGIN DOWNSTREAM OF EXIST.
VALVE' f ~ BACKFLOW PREVENTER
I 'I I
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,0 WATER I I / , ' 0 %11
: VALVE I f II WOOD POS1 <
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: ,: I ~ SEWE~ II METAL LID
I /'lVALV~' [p CK fLOW OVER CONCRETE ~
~ ,I PREVWTOR SLAB fJJ:.!f).
,I II w. M, EXHAUST I
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A ST, M,H, I I I~ EXIST F M '
Y RIM EL. r4,39 II TO BE ABANDONED I
I INV. EL. 12,7 II
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CI TY MANAGER eM
SUBJECT: AGENDA ITEM i DJ..- - MEETING OF NOVEMBER 9. 1993
RESOLUTION NO. 102-93
DATE: November 3, 1993
This is a resolution assessing costs for abatement action
required to remove junked and/or abandoned vehicles from 10
properties located within the City. The resolution sets forth the
actual costs incurred and provides the mechanism to attach liens
on these properties in the event the assessments remain unpaid.
Recommend approval of Resolution No. 102-93 assessing costs to
remove junked and/or abandoned vehicles from 10 properties located
within the City.
,
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RESOLUTION NO. 102-93
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 90 OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS
FOR ABATING NUISANCES BY REMOVING JUNKED AND/OR ABANDONED
VEHICLES WITHIN THE CITY OF DELRAY BEACH; SETTING OUT
ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING SAID COSTS; PROVIDING FOR AN
EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESS-
MENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION,
AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT
PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE
MAILING OF NOTICE OF LIEN.
WHEREAS, the City Manager or his designated representative
has, pursuant to Chapter 90 of the Code of Ordinances, removed junked
and/or abandoned vehicles owned by persons described in the list
attached hereto and made a part hereof, for violation of the provisions
of Chapter 90 of the Code of Ordinances; and,
WHEREAS, pursuant to Chapter 90 of the Code of Ordinances of
the City of Delray Beach, the City Manager or his designated represent-
ative has determined that a nuisance existed in accordance with the
standards set forth in Chapter 90 of the Code of Ordinances, and did
furnish the respective owner(s) of the land(s) described in the
attached list with written notice of public nuisance pursuant to
Sections 90.02 and 90.03 of the Code of Ordinancesj and,
WHEREAS, the property owner(s) named in the list attached
hereto and made a part hereof did fail and neglect to remove said
junked and/or abandoned vehicles, and thus failed to abate the nuis-
ance(s) or to properly request a hearing pursuant to Chapter 90 within
the time limits prescribed in Chapter 90 of the Code of Ordinances, or
if the property owner(s) did request and receive a hearing, said
property owner(s) failed and/or neglected to abate such nuisance(s) as
required by Chapter 90 of the Code of Ordinancesj and,
WHEREAS, the City of Delray Beach, through the City Adminis-
tration or such agents or contractors hired by the City Administration
was therefore required to and did remove said junked and/or abandoned
vehicles owned by persons described in the list attached and made a
part hereof and incurred costs in abating the subject nuisance(s); and,
WHEREAS, the City Manager of the City of Delray Beach has,
pursuant to Chapter 90 of the Code of Ordinances of the City of Delray
Beach, submitted to the City Commission a report of the costs incurred
in abating said nuisance(s) as aforesaidj and,
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WHEREAS, the City Commission of the City of Delray beach,
pursuant to Chapter 90 of the Code of Ordinances desires to assess the
cost of said nuisance(s) against said property owner(s),
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS
Section 1. That assessments in the individual amounts as
shown by the report of the City Manager of the City of Delray Beach,
involving the City's cost of abating the aforesaid nuisances a copy of
which is attached hereto and made a part hereof, are hereby levied
against the parcel(s) of land described in said report and in the
amount(s) indicated thereon. Said assessments so levied shall, if not
paid within thirty (30) days after mailing of the notice described in
Section 3, become a lien upon the respective lots and parcel(s) of land
described in said report, of the same nature and to the same extent as
the lien for general city taxes and shall be collectible in the same
manner and with the same penalties and under the same provisions as to
sale and foreclosure as City taxes are collectible.
Section 2. That such assessment shall be legal, valid and
binding obligations upon the property against which said assessments
are levied.
Section 3. That the City Clerk of the City of Delray Beach is
hereby directed to immediately mail by first class mail to the owner(s)
of the property, as such ownership appears upon the records of the
County Tax Assessor, notice(s) that the City Commission of the City of
Delray Beach on the has levied an
assessment against said property for the cost of abatement of said
nuisance by the City, and that said assessment is due and payable
within thirty (30) days after the mailing date of said notice of
assessment, after which a lien shall be placed on said property, and
interest will accrue at the rate of 8% per annum, plus reasonable
attorney's fees and other costs of collecting said sums.
Section 4. That this resolution shall become effective thirty
(30) days from the date of adoption and the assessment(s) contained
herein and shall become due and payable thirty (30) days after the
mailing date of the notice of said assessment(s), after which a lien
shall be placed on said property(s), and interest shall accrue at the
rate of eight (8) percent per annum plus, if collection proceedings are
necessary, the costs of such proceedings including a reasonable
attorney's fee.
Section 5. That in the event that payment has not been
received by the City Clerk wi thin thirty (30) days after the mailing
date of the notice of assessment, the City Clerk is hereby directed to
record a certified copy of this resolution in the public records of
Palm Beach County, Florida, and upon the date and time of recording of ,
I
I
-2- Res. No. 102-93
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the certified copy of this resolution a lien shall become effective on
the subject property which shall secure the cost of abatement, interest
at the rate of 8%, and collection costs including a reasonable
attorney's fee.
Section 6. That at the time the City Clerk sends the
certified copy of this resolution for recording, a notice of lien, in
the form of prescribed in Section 90.06 of the Code of Ordinances,
shall be mailed to the property owner.
PASSED AND ADOPTED in regular session on this the
day of , 1993.
MAYOR
ATTEST:
City Clerk
-3- Res. No. 102-93
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COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCES
PROPERTY DESCRIPTION OWNER ASSESSMENT
W50' OF E150' OF S100' DIEUJUSTE PHILLSTIN $ 24.79
OF BLK 16, TOWN OF 605 S.W. 4TH STREET 15.00 (ADM. COST)
DELRAY, PB 1, P 3, DELRAY BEACH, FL 33444-2423 (RECORDING)
PUBLIC RECORDS, PALM
BEACH COUNTY, FL
(605 SW 4TH ST)
W50' OF E150' OF S100' DIEUJUSTE PHILLSTIN $ 24.79
OF BLK 16, TOWN OF 605 S.W. 4TH STREET 15.00 (ADM. COST)
DELRAY, PB 1, P 3, DELRAY BEACH, FL 33444-2423 (RECORDING)
PUBLIC RECORDS, PALM
BEACH COUNTY, FL
(605 SW 4TH ST)
LOT 1, LINTON FOREST GLENN R. & $ 24.79
PL I, PUBLIC RECORDS, PATRICIA B. HAGGERTY 15.00 (ADM. COST)
PALM BEACH COUNTY, FL 981 HICKORY TERRACE (RECORDING)
(2573 BESSIE ST) BOCA RATON, FL 33486
LOTS 13 TO 19 INC., ANNE S. BRIGHT & $ 24.79
LINCOLN ATLANTIC PARK J. REEVE BRIGHT TRS 15.00 (ADM. COST)
GARDENS, PB 23, P 226, 700 SEASAGE DRIVE (RECORDING)
PUBLIC RECORDS, PALM DELRAY BEACH, FL 33483-6624
BEACH COUNTY, FL
(102 SW 13TH AVE)
LOT 10, BLK 4, ROSEMONT ALEXIS DAVILMARRE $ 24.79
GARDENS UNIT B, PB 29, P.O. BOX 785 15.00 (ADM. COST)
P 101, PUBLIC RECORDS, WEST PALM BEACH, FL 33402 (RECORDING)
PALM BEACH COUNTY, FL
(516 SW 5TH AVE)
S30' OF N90' OF E135' REBECCA HAYES $ 24.79
OF BLK 10, TOWN OF CIO EDWARD DEMPS 15.00 (ADM. COST)
DELRAY, PB 1, P 3, P.O. BOX 3099 (RECORDING)
PUBLIC RECORDS, PALM FT. PIERCE, FL 34948-3099
BEACH COUNTY, FL
(242 NW 6TH AVE)
LOT 18, SUNSET PARK, ANDRE J. JOSEMOND ET AL $ 24.79
DELRAY, PB 12, P 65, 1034 SUNSET AVENUE 15.00 (ADM. COST)
PUBLIC RECORDS, PALM DELRAY BEACH, FL 33444-2234 (RECORDING)
BEACH COUNTY, FL
(1034 SUNSET AVE)
-4- Res. No. 102-93
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LOT 21, BLK 3, ROSEMONT HERMIE E. REID EST. $ 24.79
PARK, DELRAY, PB 13, 614 S.W. 5TH AVENUE 15.00 (ADM. COST)
P 60, PUBLIC RECORDS, DELRAY BEACH, FL 33444-2412 (RECORDING)
PALM BEACH COUNTY, FL
(614 SW 5TH AVE)
LOTS 15 & 16, ATLANTIC ANNIE M. RIDLEY $ 24.79
PARK GARDENS, DELRAY, 137 S.W. 12TH AVENUE #4 15.00 (ADM. COST)
PB 14, P 56, PUBLIC DELRAY BEACH, FL 33444-1533 (RECORDING)
RECORDS, PALM BEACH
COUNTY, FL
(110 SW 12TH AVE)
Nl00' OF W 1/2 OF E 1/2 DIEUSEUL VIL $ 38.90
OF SE 1/4 OF LOT 1, 513 S.W. 5TH AVENUE 65.00 (ADM. COST)
SUB OF SEC. 20-46-43, DELRAY BEACH, FL 33444 (RECORDING)
PB 28, P 68, PUBLIC
RECORDS, PALM BEACH
COUNTY, FL
(513 SW 5TH AVE)
VIOLATION IS: SECTION 90.03 - STORING, PARKING OR LEAVING WRECKED OR
INOPERABLE MOTOR VEHICLES ON PRIVATE PROPERTY; EXCEPTIONS.
-5- Res. No. 102-93
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM i <gN\ - MEETING OF NOVEMBER 9. 1993
RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT
AND DISPOSAL BOARD ACTIONS OF OCTOBER 21. 1993
DATE: November 5, 1993
This item is before you to ratify the following actions taken by the
South Central Regional Wastewater Treatment and Disposal Board at !
their October 21, 1993 meeting:
-Authorized the expenditure of an additional $50,000 from capital
projects for anticipated costs associated with the reuse water
system.
-Authorized the expenditure of $10,000 f rom the Sinking Fund to
repair cracks in the aeration basin.
-Authorized the expenditure of $14,000 from the Sinking Fund to
retrofit all existing lamps and ballasts with energy efficient
lamps and ballasts.
-Approved an amendment to the ratification dated July 15, 1993,
which authorized the expenditure of $3,000 from the Sinking Fund
to purchase a gear box and drive motor; to increase the purchase
price to $4,300.
-Approved an amendment to the Capital Assets portion of the
FY 1993/94 SCRWTD Budget which authorized the expenditure of up
to $20,000 for computer hardward to reallocate that funding to
purchase a self propelled boom lift ($16,500), portable water
pump ($2,500) and used golf cart ($1,000) .
Recommend ratification of the above actions taken by the South Central I
Regional Wastewater Treatment and Disposal Board at their October 21,
1993 meeting.
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RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF OCTOBER 21, 1993
WHEREAS, the South Central Regional Wastewater Treatment and
Disposal Board did on October 21, 1993, by a vote of 7-0,
authorized to expend from capital projects an additional $50,000
for anticipated costs for services associated with the reuse
water system.
WHEREAS, said Board action requires ratification by the City of
Boynton Beach and the city of Delray Beach,
NOW, THEREFORE, the City of Boynton and the City of Delray Beach
hereby ratify said Board action independently.
The above action is hereby ratified in open session by the City
of Boynton Beach this day of , 1993, by a
vote.
CITY OF BOYNTON BEACH
By:
--------------------
Mayor
Attest:
City Clerk
Approved as to form:
City Attorney
The above action is hereby ratified in open session by the City
of Delray Beach this day of , 1993, by a
vote.
CITY OF DELRAY BEACH
By:
Mayor
Attest:
City Clerk
Approved as to form:
City Attorney
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RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF OCTOBER 21, 1993
WHEREAS, the South Central Regional Wastewater Treatment and
Disposal Board did on October 21, 1993, by a vote of 7-0,
authorized to expend $10,000 from the sinking fund to repair
cracks in aeration basin.
WHEREAS, said Board action requires ratification by the City of
Boynton Beach and the city of Delray Beach,
NOW, THEREFORE, the City of Boynton and the City of Delray Beach
hereby ratify said Board action independently.
The above action is hereby ratified in open session by the City
of Boynton Beach this day of , 1993, by a
vote.
CITY OF BOYNTON BEACH
By:
--------------------
Mayor
Attest:
City Clerk
Approved as to form:
City Attorney
The above action is hereby ratified in open session by the City
of Delray Beach this day of , 1993, by a
vote.
CITY OF DELRAY BEACH
By:
Mayor
Attest:
City Clerk
Approved as to form:
City Attorney
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RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF OCTOBER 21, 1993
WHEREAS, the South Central Regional Wastewater Treatment and
Disposal Board did on October 21, 1993, by a vote of 7-0,
authorized to expend $14,000 from the sinking fund to retrofit
all existing lamps & ballast with energy efficient lamps &
ballast.
WHEREAS, said Board action requires ratification by the City of
Boynton Beach and the city of Delray Beach,
NOW, THEREFORE, the City of Boynton and the City of Delray Beach
hereby ratify said Board action independently.
The above action is hereby ratified in open session by the City
of Boynton Beach this day of , 1993, by a
vote.
CITY OF BOYNTON BEACH
By:
--------------------
Mayor
Attest:
City Clerk
Approved as to form:
City Attorney
The above action is hereby ratified in open session by the City
of Delray Beach this day of , 1993, by a
vote.
CITY OF DELRAY BEACH
By:
Mayor
Attest:
City Clerk
Approved as to form:
City Attorney
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RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF OCTOBER 21, 1993
WHEREAS, the South Central Regional Wastewater Treatment and
Disposal Board did on October 21, 1993, by a vote of 7-0, approve
to amend the ratification dated July 15, 1993, to increase
purchase price of gear box and drive motor from $3,000 to $4,310
to be expended from the sinking fund.
WHEREAS, said Board action requires ratification by the City of
Boynton Beach and the city of Delray Beach,
NOW, THEREFORE, the City of Boynton and the City of Delray Beach
hereby r~tify said Board action independently.
The above action is hereby ratified in open session by the City
of Boynton Beach this day of , 1993, by a
vote.
CITY OF BOYNTON BEACH
By:
--------------------
Mayor
Attest:
City Clerk
Approved as to form:
City Attorney
The above action is hereby ratified in open session by the City
of Delray Beach this day of , 1993, by a
vote.
CITY OF DELRAY BEACH
By:
Mayor
Attest:
City Clerk
Approved as to form:
City Attorney
"
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RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF OCTOBER 21, 1993
WHEREAS, the South Central Regional Wastewater Treatment and
Disposal Board did on October 21, 1993, by a vote of 7-0, approve
to amend the 93/94 capital assets portion of the budget by
expending up to $20,000 from the computer hardware portion for
the purchase of a used self propelled boom lift $16,500; portable
water pump $2,500; used golf cart $1,000.
WHEREAS, said Board action requires ratification by the City of
Boynton Beach and the city of Delray Beach,
NOW, THEREFORE, the City of Boynton and the City of Delray Beach
hereby ratify said Board action independently.
The above action is hereby ratified in open session by the City
of Boynton Beach this day of , 1993, by a
vote.
CITY OF BOYNTON BEACH
By:
--------------------
Mayor
Attest:
City Clerk
Approved as to form:
City Attorney
The above action is hereby ratified in open session by the City
of Delray Beach this day of , 1993, by a
vote.
CITY OF DELRAY BEACH
By:
Mayor
Attest:
City Clerk
Approved as to form:
City Attorney
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SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD
AMENDED CAPITAL ASSETS 1993/ 1994
KJEDAHL Digestion/ Distillation Unit $10,000
Flourescent Microscope $5,500
CL Titrimeter System (one) $2,000
Vertical Band Saw $5,000
Copy Machine $10,500
Used Self Propelled Boom Lift $16,500
Portable Water Pump $2,500
Used Golf Cart $1,000
Total $53,000
"
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
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FROM: CITY MANAGER ~ I
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SUBJECT: AGENDA ITEM i '6N - MEETING OF NOVEMBER 9. 1993 I
APPROVAL OF GRANT AGREEMENT/PALM BEACH COUNTY SPORTS I
AUTHORITY I
DATE: November 5, 1993 I
This item is before you to accept grant funding in the amount of
$25,000 from the Palm Beach County Sports Authority to help defray I
City expenses associated with the Virginia Slims Tennis Tournament. I
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There have been no significant modifications to the agreement over the \
one approved last year. The City Attorney's office ha~ reviewed the 1
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agreement and approves it as to form. I
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Recommend acceptance of grant funding in the amount of $25,000 for the
Palm Beach County Sports Authority and execute the grant agreement.
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4. .' ......._... _ __'_0 _ _._ _. .4,__ ___~~ _ _ .__ ___ _.._ _'_.A ...._ _.-_ _ . .. _J___~. 4--..J - __.. ."_ 0 ,-- ._-,'
PALM BEACH COUNTY
TOURIST DEVelOPMENT TAX CATEGORY G
1992-93 GRANT AGREEMENT
This Grant Agreement is made and entered into this day of _
. 1993 by and between PALM BEACH COUNTY, a political subdivision of the State of
Florida, hereinafter referred to as "COUNTY"; and the City of Delray Beach hereinafter referred to
as "GRANTEE",
WHEREAS, the grant provided for herein by the COUNTY will assist the GRANTEE
with expenses incurred in its tourism project described herein, hereinafter referred to as the
"PROJECT"; and
WHEREAS, COUNTY has determined that the subject PROJECT will enable GRANTEE
to provide an activity which will directly promote tourism in Palm Beach County, under special use
Category "G" of Ordinance No. 82-15, as amended; and
WHEREAS, the expenditure of Tourist Development Tax Funds pursuant to this
Agreement has been found, determined and declared to be a county and public purpose by the
Board of County Commissioners of COUNTY, under authority of Section 125.0104, Florida Statutes,
and Ordinance No. 82-15, as amended.
NOW, THEREFORE, the parties hereto agree as follows:
ARTICLE I
GRANT DESCRIPTION
1.1 GRANTEE: Name: Citv of Delrav Beach
Address: 100 NW 1 st Avenue
Delrav Beach. Florida 33444
Attn: Doug Randoloh
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1.2 TOTAL AMOUNT OF GRANT: $25,000
1.3 PROIECT DESCRIPTION: Virginia Slims of Florida Tennis Tournament and as further
provided in Exhibit A, attached hereto.
1.4 PROIECT BUDGET: As provided in pages 6 and 7 of Exhibit A, attached hereto.
1.5 REPORTING SCHEDULE: Grantee shall submit final report and request for reimbursement
within ninety (90) days of last day of event.
1.6 PAYMENT SCHEDULE: County will normally reimburse within sixty (60) days after
submission of approved invoices and report.
1.7 GRANT PERIOD: November 27, 1993 through March 15, 1994
Only expenses incurred by Grantee during the Grant Period will be eligible for reimbursement.
1.8 EVENT SCHEDULE: Februarv 26 1994 through March 6. 1994
1.9 GRANT RESTRICTIONS: Grandstands onlv as noted on Project Budget, Exhibit A, Pages 6
and 7. Only allowable expenses shall be eligible for reimbursement. The final determination as to
whether an expense identified in the Project Budget is allowable shall be made solely by COUNTY
and Grantee agrees to abide by and be bound by COUNTY's determination. Grantee further agrees
to retain an independent research to determine the tournament's impact upon tourism. The sum
paid to said research firm shall not exceed $2,500.00. Grantee shall perform the research study in
accordance with the requirements of the County.
ARTICLE II
CONDITIONS
2.1 IMPLEMENTATION: Palm Beach County has designated certain important responsibilities
in the imp1ementation of this Grant to the Palm Beach County Sports Commission, Inc., the contract
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":~":':-~.;o_~_'.~_'_ _._..J'..~" _. - . . .-
-_.~_..~..-
administrator, who shall be referred to hereinafter as "SPORTS COMMISSION". The SPORTS
COMMISSION is a private nonprofit corporation contracting with Palm Beach County and is not
a part of County government. SPORTS COMMISSION makes recommendations to COUNTY but
cannot provide final approvals on behalf of County or incur any obligations on the part of COUNTY.
2.2 PROIECT DESCRIPTION: The GRANTEE shall use the Grant Funds only for the purposes
and services which are specifically described in the Project Description attached hereto as Exhibit
A and/or as restricted in Paragraph 1.9 of Article I. GRANTEE represents that the project provided
for by this Agreement will be accomplished and will directly promote Palm Beach County tourism.
Any changes in an approved program description shall first be submitted to the SPORTS
COMMISSION. Thereafter, the SPORTS COMMISSION shall convey such revised program
description to the Executive Director of the Tourist Development Council (TDO for his approval.
No expense related to a change in the Project Description will be reimbursed unless approved as
provided herein.
2.3 PROIECT BUDGET: All expenditures of Grant Funds shall be subject to the conditions and
terms of this Agreement and in accordance with the Project Budget. The GRANTEE's expenditure
of Grant Funds must be only for the items specified in each line-item of the Project Budget and not
in excess of the amounts specified in each line-item. The GRANTEE may amend the amount
identified for specific Grant Fund line-items in the Project Budget, if such changes do not exceed
ten percent (10%) per line-item and so long as the amount of Grant Funds allocated for other items
is likewise adjusted. Any change in any line-item expenditure of Grant Funds in excess of ten
percent (10%) per item shall require the advance written approval of the Executive Director of the
Tourist Development Council. Any requests for approval shall first be submitted by GRANTEE to
the SPORTS COMMISSION. The SPORTS COMMISSION will convey such request to the Executive
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Director of the Tourist Development Council.
2.4 REPORTING: This PROJECT is being funded with the expectation that it will directly
promote Palm Beach County tourism by providing specifically described sporting events and
activities which will be made available to and attended by visitors to Palm Beach County. To assist
a determination of whether the PROJECT is fulfilling, or has fulfilled, its purpose of directly
promoting the County, the GRANTEE must supply the SPORTS COMMISSION with written reports
and documentation demonstrating the PROJECT's direct promotion of the County. These reports are
to be received by the SPORTS COMMISSION pursuant to the Reporting Schedule contained in
Paragraph 1.5 of Article I. The SPORTS COMMISSION will submit said report to the Executive
Director of the Tourist Development Council. The GRANTEE shall further submit program scheduled
information to the SPORTS COMMISSION for Tourist Development funded publications by
publication deadline. GRANTEE shall provide immediate notice to the SPORTS COMMISSION in
the event that a funded project or program is cancelled or rescheduled.
2.5 GRANT AMOUNT AND PAYMENT SCHEDULE: The total amount of the Grant is specified in
Paragraph 1.2 of Article I. By awarding this Grant, COUNTY assumes no obligation to provide
financial support of any type whatsoever in excess of the total Grant amount. The Grant Funds will
be paid to the GRANTEE pursuant to the Payment Schedule specified in Paragraph 1.6 of Article I.,
subject to the provisions of Paragraph 2.7, Article II., and shall be solely payable from lawfully
available Category G Tourist Development Tax Funds.
2.6 PROJECT MONITORING AND EVALUATION: The SPORTS COMMISSION shall monitor and
conduct an evaluation of operations under this Agreement, which may include visits by the SPORTS
COMMISSION staff, Tourist Development Council members, and other COUNTY representatives
to observe the GRANTEE's program, procedures, and operations under this Grant, or to discuss the
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---.--.-
GRANTEE's PROJECT with the GRANTEE's personnel. Grantee shall ensure that the SPORTS
COMMISSION'S designee's (not exceed two). The GRANTEE shall give the SPORTS COMMISSION
fifteen (15) days advance written notice of all meetings of its Board of Directors or governing board
and the SPORTS COMMISSION's designees and the Executive Director of the Tourist Development
Council free access to all events sponsored under this Agreement, for the purpose of evaluating the
impact of the subject events and activities.
2.7 PAYMENT OF GRANT FUNDS: Only programs which advance, promote and further Palm
Beach County tourism shall receive Grant Funds. In accordance with this Agreement, GRANTEE
shall receive the Grant Funds from COUNTY in the form of reimbursement to GRANTEE for its
expenditures for "allowable" Grant Fund items identified in the Project Budget which are deemed
by County to be "allowable". No Grant Funds shall be advanced by COUNTY to, on or behalf of,
GRANTEE. The following procedure shall be applicable to the payment of Grant Funds by
COUNTY:
From time to time during the grant period, GRANTEE shall submit to the SPORTS
COMMISSION a Request for Payment of Grant Funds, upon a form approved by the
Clerk of the Board of County Commissioners. Upon approval of a Request for
Payment of Grant Funds (hereinafter referred to as "REQUEST") by the SPORTS
COMMISSION and Executive Director of the Tourist Development Council, the
REQUEST shall be submitted by the SPORTS COMMISSION to the Clerk of the
Board of County Commissioners for processing and payment in accordance with this
Agreement and in accordance with law. Each REQUEST submitted by GRANTEE
shall include a reference to its previous authorization, shall be itemized in sufficient
detail for pre-payment audit thereof, and shall be supported by copies of the
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n._ __....._
corresponding paid vendor invoices and substantiated proof of payment or
performance of the goods and services invoiced, and any further documentation
deemed necessary by the SPORTS COMMISSION or the COUNTY. Moreover,
COUNTY shall not pay GRANTEE on any REQUEST, unless and until the Clerk of
the Board of County Commissioners approves said payment pursuant to the Clerk's
pre-payment audit thereof in accordance with law, and subject to the conditions, if
any, attached to said approval.
2.8 FINANCIAL ACCOUNTING AND RETENTION OF RECORDS: The GRANTEE must keep
accurate and complete books and records of all receipts and expenditures of Grant Funds in
conformance with reasonable accounting standards acceptable to COUNTY. These books and
records, as well as all documents pertaining to funds received and expended in conjunction with
this Grant, such as vouchers, bills, invoices, receipts, and cancelled checks, shall be retained in Palm
Beach County, in a secure place and in orderly fashion by the GRANTEE for at least three (3) years
after the Expenditure Deadline specified in Paragraph 1.7 of Article I. These books, records, and
documents may be examined by the SPORTS COMMISSION, the Executive Director of the Tourist
Development Councilor any other County representative at the GRANTEE's offices during regular
business hours. Furthermore, the COUNTY may, at COUNTY's expense and upon reasonable
notice, audit or have audited, all the financial records of the GRANTEE, whether or not purported
to be related to this Grant. Moreover, COUNTY is hereby granted the power to designate any or
all records of GRANTEE, pertaining to matters covered by this Agreement, as public records under
Chapter 119, Florida Statutes, by resolution of the Board of County Commissioners, making such
designation, regardless of whether said records are presently deemed public records by law.
2.9 CREDITS: The GRANTEE must ensure that the words "Palm Beach County, Florida" appear
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in all newspaper advertisements and tournament posters pertaining to the Project. GRANTEE must
also ensure that the following credit designation is used on all tournament brochures and tournament
programs:
The credit/designation logo must be easily legible and/or audible. In addition, the Grantee will
ensure that a 3' x 7' banner provided by the Sports Commission (color scheme to be approved by
tournament officials) may be displayed on site during all phases of the event (PROJECT). Grantee
will use its best efforts to ensure that the Palm Beach County Tourist Development Council is
recognized as a funding source for the PROJECT in all commercial spots.
2.10 LIABILITY AND INDEMNIFICATION: It is understood and agreed that the GRANTEE is merely
a recipient of Grant Funds and an independent contractor and is not an agent, servant or employee
of Palm Beach County, its Board of County Commissioners, the Palm Beach County Sports
Commission, Inc., or the Palm Beach County Tourist Development Council. In the event a claim
or lawsuit is brought against Palm Beach County, its Board of County Commissioners, the Palm
Beach County Sports Commission, Inc. the Palm Beach County Tourist Development Council, or any
of their directors, officers, agents, or employees, the GRANTEE hereby agrees to indemnify, save,
hold harmless, and defend said persons and entities from any such claims, liabilities, causes of
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.,...... :,' - . -~-' -.- - ~ action, and judgments of any type whatsoever, arising out of or relating to the performance or
operation of this Agreement, the funding hereof, or GRANTEE's acts hereunder and the GRANTEE
shall pay all costs, attorney's fees, and expenses incurred by the aforementioned entities or persons
in connection with such claims, liabilities or suits.
GRANTEE represents and warrants that it is self-insured in accordance with Section 111.072,
Florida Statutes. However, if Grantee purchases liability insurance to cover the activities and events
related to the PROJECT, GRANTEE will add County as an additional insured under such policy of
insurance and provide County with evidence of such coverage.
No provision of this section shall be construed to waive the sovereign immunities of either
party, except as same may have been waived by the State under Section 768.28, Florida Statutes.
2.11 ASSIGNMENT: The GRANTEE is not permitted in any manner to assign its rights or obligations
under this Agreement, and any purported assignment will be void.
2.12 COMPLIANCE: The GRANTEE agrees to abide by, and be governed by, all applicable laws,
including but not limited to, Palm Beach County's ordinances, as said laws and ordinances exist and
are amended from time to time. In entering into this Agreement, Palm Beach County does not waive
the requirements of any County or local ordinance or the requirements of obtaining any permits or
licenses which are normally required to conduct business or activity contemplated by GRANTEE.
2.13 REMEDIES AND EXPENDITURE DEADLINE:
(A) If the GRANTEE fails to comply with any of the provisions of this Agreement,
the COUNTY may withhold, temporarily or permanently, all, or any, unpaid
portion of the Grant upon giving written notice to the GRANTEE, and/or
terminate this Agreement and the COUNTY shall have no further funding
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___ "_n'".. _.- ". - --
obligation to the GRANTEE under this Agreement. Furthermore, GRANTEE
shall repay to COUNTY all funds received by GRANTEE which did not result
in sporting events or activities.
(B) In the event that a project or program for which GRANTEE has received funds
is canceled and not replaced with an approved revised project or program in
accordance with Paragraph 2.2 of Article II, GRANTEE shall repay to
COUNTY all funds received by it for such canceled project or program.
(C) The GRANTEE shall repay COUNTY for all unauthorized, illegal or unlawful
expenditures of Grant Funds, including unlawful and/or unauthorized
expenditures discovered after the expiration of the Grant Period. The
GRANTEE shall also be liable to reimburse the COUNTY for any lost or
stolen Grant Funds.
(D) In the event the GRANTEE ceases to exist, or ceases or suspends its operation
for any reason, any remaining unpaid portion of this Grant shall be retained
by COUNTY and COUNTY shall have no further funding obligation to
GRANTEE with regard to those unpaid funds. The determination that the
GRANTEE has ceased or suspended its operation shall be made solely by
COUNTY and GRANTEE agrees to be bound by COUNTY's determination.
(E) Grant Funds which are to be repaid to the COUNTY pursuant to this Article
are to be repaid by delivering to the COUNTY a certified check for the total
amount due, payable to Palm Beach County at the Office of the Executive
Director of the Tourist Development Council within ten (10) days of the
COUNTY's demand.
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(F) The above provisions do not waive any rights of COUNTY or preclude the
COUNTY from pursuing any other remedy which may be available to it
under law. Nothing contained herein shall act as a limitation of the
COUNTY's right to be repaid in the event GRANTEE does not produce or
complete a project or program which furthers and promotes Palm Beach
County tourism.
2.14 TERMINATION BY COUNTY: Notwithstanding anything contained in this Agreement,
COUNTY shall have the right to terminate this Agreement, with or without cause, upon five (5) days
written notice to GRANTEE.
2.15 WRITTEN NOTICE: Any written notice required under this Agreement shall be sufficient if sent
by certified mail as follows:
(A) As to the GRANTEE: Addressed to the GRANTEE at the address specified in
Paragraph 1. 1 of Article I.
(B) As to the Sports Commission: Addressed as follows:
Palm Beach County Sports Commission, Inc.
1555 Palm Beach Lakes Boulevard, Suite #204
West Palm Beach, FL 33401
(C) As to the COUNTY: Addressed as follows:
Executive Director of the Tourist Development Council
1555 Palm Beach Lakes Boulevard, Suite #204
West Palm Beach, FL 33401
2.16 CONTRACT REPRESENTS TOTAL AGREEMENT: This Agreement, including its special
conditions, if any, and exhibits, represents the whole and total agreement of the parties. No
modifications or amendments may be made to this Agreement unless made in writing signed by both
parties, and approved by appropriate action of the Board of County Commissioners.
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ARTICLE '"
SPECIAL CONDITIONS
3.1 ORDINANCE AMENDMENT: Nothing in this Agreement shall impair or prohibit the Board of
County Commissioners from amending Ordinance No. 82-15, as amended, in accordance with
Section 125.0104, Florida Statutes, at any time, except that no amendment to said ordinance shall
affect the availability of funds under the Grant provided by this Agreement.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
first written above as follows:
ATTEST: PALM BEACH COUNTY, FLORIDA BY ITS
DOROTHY H. WILKEN, CLERK BOARD OF COUNTY COMMISSIONERS
By: By:
Deputy Clerk Chair
(SEAL)
ATTEST: GRANTEE:Citv of Delrav Beach
By: By:
City Clerk Mayor
Print or type name above
APPROVED AS TO TERMS AND CONDITIONS:
SPORTS COMMISSION
By:
President or Executive Director
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:
County Attorney
By:
City Attorney
(b:agreemnt\slims.94)
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ATTACHMENT
COST ESTIMATES FOR VIRGINIA SLIMS TENNIS TOURNAMENT FOR 1994
WASTE COLLECTION AND DISTRIBUTION:
Temporary Toilet Facilities "Crowd Pleasers"........... ...... .$11,000
ELECTRICITY:
Electricity Service Charges......................... ..........$ 3,000
GENERAL OPERATING SUPPLIES:
Plywood for Temporary Floors........................... .......$ 3,000
Installation of Temporary A/C Units...........................$ 1,200
Miscellaneous Items........................................... $ 2,800
--------
$ 7,000
OTHER REPAIR/MAINTENANCE COSTS:
Install Temporary Fencing........................ .............$ 2,500
Temporary Electrical Hook-Ups.................................$ 1,000
-------
$ 3,500
OTHER RENTAL/LEASE COSTS:
Parking Lot Light Rental......................................$ 3.000
Message Signs Rental..... ~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2.400
Ticket Trailer................................................ $ 1.500
Tents, Tables/Chairs, Floor Covering, etc.....................$28.000
Temporary Bleachers (5200 seats).............................$105,970
--------
$140.870
OTHER PROFESSIONAL SERVICES:
Economic Impact Study......................................... $ 3,400
TOTAL: $168,770
DGR/slims
.
'.
,.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM i oc) - MEETING OF NOVEMBER 9. 1993
AWARD OF BIDS AND CONTRACTS .
,
j
DATE: November 5, 1993
This item is before you to approve the award of the following bids and
contracts:
1. Maintenance Agreement - Air Scrubbers at Lift Station Nos. 1,
4, 11 and 80 - - Davis Water and Wastewater Industries, Inc. in
the amount of $24,000 with funding from Water and Sewer Lift
Station Maintenance-Chemicals (Account No.441-5144-536-52.21).
2 . Water Meters - Water/Sewer Network - Suns tate Meter and
Supply, Inc. (via City of Boca Raton Bid) in the estimated annual
cost of $73,000 with funding from Water and Sewer Fund Renewal
and Replacment - Water Meter Replacement Program (Account No.
442-5178-536-61.81).
Recommend approval of the award of the above bids and contracts with
funding as indicated.
~ 5-0
I
MEMORANDUM
TO: David T. Harden,
city Manager
FROM: Richard C. Hasko, P.E.
Deputy Director of Public Utilities
SUBJECT: SCRUBBER EQUIPMENT MAINTENANCE AGREEMENT
DAVIS WATER AND WASTEWATER INDUSTRIES, INC.
DATE: November 2, 1993
Attached is an agenda request with a copy of a proposed maintenance
agreement with Davis Water & Wastewater Industries, Inc. , in the amount
of $24,000.00. This agreement is for annual maintenance of air
scrubbers at Lift station No's. 1, 4, 11 and 80, at the rate of $500.00
per unit per month. This is the same rate the City has paid for
previous services at Lift Station 80, and includes provision of all
part s , labor, equipment and chemicals necessary for proper maintenance
and operation of the scrubber units.
This is a sole source request based on the fact that Davis Water &
Wastewater Industries, Inc. is the sole manufacturer of the scrubber
equipment, which is being provided and installed with the current
in-line booster pump station project, which contract was previously
awarded based on a competitive bidding process. We feel it is in the
City's best interest to have the equipment maintained by the
manufacturer, particularly during the first year warranty period.
Invoicing for the subject services will begin upon acceptance by the
City of the first unit installed with the in-line booster pump station
project.
Funding for this expenditure is from account $441-5144-536-52.21.
\ft?Qc ~~
Richard C. Hasko, P.E.
RCH:jaf
cc: William H. Greenwood, Director of Environmental Services
Ted Glas, Purchasing Officer
Robert C. Bullard, Maintenance Superintendent
File: Memos to City Manager
Maintenance Agreements
a: rhsema. doc
'.
'.
. ,
Agenda Item No.:
AGENDA REQUEST
Date: November 2, 1993
Request to be placed on:
__X__ Regular Agenda
_____ Special Agenda
_____ Workshop Agenda When: November 9, 1993
Description of item (who, what, where, how much): Staff requests City
Commission to approve an agreement with Davis Water & Wastewater Industries,
Inc. in the total amount of $24,000.00 for the maintenance of air scrubber
equipment at Lift Station Nos. 1, 4, 11 and 80. This is an annual agreement
predicated on a $500.00 monthly fee for each scrubber unit beginning on the date
of City's acceptance of the first unit installed with the In-Line Booster Pump
Station project and includes provision of all parts, labor, equipment and
chemicals necessary for proper maintenance and operation of the ~~bber units.
Funding for this expenditure is from account number 441-5144-536- .21. This is
a sole source request since Davis is the sole manufacturer of the subject
equipment.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
-- --
Recommendation: Staff recommends approval of scrubber equipment Maintenance
agreement with Davis Water & Wastewater Industries,
Department Hea~~ .t1 1/!V~3 ~
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: ~/NO (if applicable)
~Unding alternatives
Account No. & Description #'ft S/W S''3b S::l.2J w)s Li ~T:S7JtFr/t)/V AI"",..,.,... - ~,~
Account Balance # Cjt~..s"';).. 3~
City Manager Review:
Approved for agenda: €JYNO tft/1
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
a: agensema. doc
'.
'.
Agenda I tem No. :
AGENDA REQUEST
Date: November 1, 1993
Request to be placed on:
XX Regular Agenda Special Agenda Workshop Agenda
,
When: November 9. 1993
Description of agenda item (who, what, where, how much): Purchase Award-
Water Meters. Term Contract
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Award to Sunstate Meter & Supply. Inc.. via City of ROC-R
Raton Bid 1193-081/LK. at an estimated annual cost of $73,000_
II J1{~'~
/ R~~;4~~c.~ 1I/~93
Department Head Signature:
Determination of Consistency with Comprehensive Plan: AJ JA.
City Attorney Review/ Recommendation (if applicable): 'o1A-
Budget Director Review (required on all items involving expenditure
of funds):
Funding available: ~ NO (if applicable)
Funding alternatives:
Account No. -& Description: ~S17g ~ 6/ 8/ ~ MF1fPr'2. ~EY11P"'T
~ Account Balance: :I ~109C},.hO p~
City Manager Review:
Approved for agenda: YES/ NO
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapp~oved
'.
'.
MAINTENANCE AGREEMENT FOR DAVIS POLY STAGE SCRUBBERS
THIS AGREEMENT is made and entered on the day of , 1993,
by and between DAVIS PROCESS, a division of Davis Water & Waste Industries, Inc.,2650
Tallevast Road, P.O. Box 29, Tallevast, Florida 34270-0029 (hereinafter called Vendor), and
the City of Delray Beach. Florida (hereinafter called Customer),
WITNESSETH:
NOW, THEREFORE, and in consideration of the mutual covenants contained
herein, and in consideration of the premises and/or equipment, the parties agree as follows:
1. Vendor agrees to maintain the Lift Station # 1. 4. 11. and 80 Poly Stage
Scrubbers owned by the Customers in accordance with the following:
a. Vendor will provide regular biweekly service checks to insure the Poly Stage
Scrubber is operating properly. Operating properly is defined as > 95 %
removal of up to 15 ppm hydrogen sulfide from the treated air stream.
b. Vendor will provide repair and replacement of any malfunctioning equipment
associated with Poly Stage Scrubber within three (3) working days of finding
an equipment problem. This does not apply to any equipment failure
resulting from acts or conditions beyond control of vendor.
c. Vendor will supply chemicals for Poly Stage Scrubber operation.
d. Vendor will troubleshoot odor problems as needed within three (3) working
days and correct any malfunctions in treatment system that may be causing
problems.
'.
'.
2. It is agreed that the above-described equipment and materials shall be used
for the storage of and application of Vendor's products only.
3. It is further agreed that Customer shall pay Vendor a maintenance fee of
$500.00 per unit, per month. First month's payment is due upon delivery and installation
of equipment, with subsequent monthly payments due on the first day of every month
thereafter. Anyadditional scrubbers maintained for Customer by Vendor hereafter will be
subject to this agreement.
4. The term of this agreement shall be for one (1) years from the date of
acceptance of the first scrubber equipment. This agreement may be extended for an
additional one (1) year term based on negotiated conditions and written approval by
authorized officers of each party hereto. If required by applicable law, this agreement shall
be reviewed annually by the City of Delray Beach C~ity Commj,~
5. Vendor agrees to maintain the scrubber in a servieeable condition at Vendor's
sole expense, and will furnish all chemicals and replacement parts including certain
preventative maintenance as recommended by Vendor in its sole discretion at no additional
cost to Customer. Vendor agrees to be solely responsible for all scheduled, unscheduled,
and preventative maintenance and repair on and to said scrubber.
6. Customer agrees to provide to any authorized personnel of Vendor access to
the side equipment herein leased. Such access is to be made available upon reasonable
notice by Vendor's said personnel and such access to be made during normal business hours
of Customer.
7. Customer agrees to install concrete foundations for all scrubbers. The forms
and slab shall meet Vendor's specifications, as approved by Customer's engineers.
'.
'.
8. Customer shall provide adequate and necessary eJectricity and potable water
supply for each unit.
9. It is mutually understood and agreed that this MAINTENANCE
AGREEMENT may be terminated for reason of non-performance by either party upon 90
days, written notice by Certified Mail, Return Receipt Requested, from either party to the
other party at the addresses listed above for each party hereto, such 90 days to begin
running upon the date of mailing of such notice.
10. Customer's liability under this agreement shall be limited to the amount paid
by it pursuant to this agreement, and Vendor shall not be liable for any indirect, special,
consequential or other damages whatsoever. Vendor shall not be responsible for delays or
failures in performance resulting from acts or conditions beyond the control of Vendor.
Neither party is responsible for failure to fulfill its obligations under this agreement due to
causes beyond its control.
11. Customer acknowledges that all material and goods which come into its
possession in connection with this agreement consists of confidential and proprietary
information and data, whose disclosure to or use by third parties will be damaging to
Vendor. Customer hereby agrees to hold such material and information in the strictest
confidence and not to make use thereof other than pursuant to this agreement.
'.
'"
12. Vendor does not warrant that the equipment and goods leased hereunder will
meet Customer's requirements or operate in the combinations chosen by Customer or that
the same will be error-free, except for the express warranty referenced above, and Customer
does not make any implied warranties, including any implied warranties of merchantability
or fitness for particular purpose. The limit of Vendor's liability with respect to any express
warranty herein is set forth above in Section 1.
13. Any written notice required or permitted by this agreement may be delivered
by depositing it in the United States Postal Service mail, postage prepaid, return receipt
requested, to the parties at the following addresses:
Davis Water & Waste Industries, Inc.:
2650 Tallevast Road
P.O. Box 29
Tallevast, Florida 34270-0029
City of Delray Beach:
100 N.W. 1st Avenue
Delray Beach, Florida 33444
14. This agreement and all rights under the same shall not be assigned, licensed,
subleased or otherwise transferred, in whole or in part, either voluntarily or by operation
of law, by Vendor without the prior written consent of Customer.
'.
15. This agreement constitutes the entire agreement between the parties hereto
and supersedes all prior understandings, representations, oral negotiations and written
correspondence, all of which are incorporate herein, and no representations, understandings
or agreements have been relied upon other than those specifically set forth herein. This
agreement shall not be altered, modified or amended except by written instrument duly
executed by the authorized officers of each party. Furthermore, this agreement inures to
the benefit of and is binding upon each of the parties hereto, their respective successors and
assigns, subject to annual approval by Customer's authorized entity.
16. Any delinquent payment by Customer to Vendor shall carry a late payment
charge of eighteen percent (18%) per annum on the unpaid amount from the due elate
thereof.
17. This agreement shall be construed in accordanc{~ with and governed by the
laws of the State of Florida.
18. Venue in the event of litigation shall be in Palm Beach County, Florida.
'.
IN WITNESS WHEREOF, each of the undersigned parties have hereunto set its
hand and affixed its seal by and through its undersigned authorized officers as of the day
and year first above written.
VENDOR: CUSTOMER:
DAVIS PROCESS, a division of
Davis Water & Waste Industries, Inc.
'C.'.~'-' -, ....---...,
<... " , '. '.
~Y~CJt~~S BY:
Thomas Lynch, Mayor
ATTEST~ ATTEST:
City Clerk
STATE OF.11Cl~
COUNTY OF jY) a.nJ-- e€..l Approved as to Form:
City Attorney
The foregoing instrument was
acknowledged ~fore me this
~day of a. , 1993
b{~'t\ont lJ. -r~tl:)'N\
(name of officer or agent, title of
officer or agent), of ,
\:>>.l)'\~ 1.Mi..,~~Eie. ::z::nd..1:N:... ~~SS \:)d'.
(Name of Corporation) a
C..,e.o~ 0.. (state or place of
incorporation) corporation, on
behalf of the corporation. He/She
is personally known to me or
has produCed ......./
as identification.
'.
"
MAINTENANCE AGREEMENT FOR DAVIS POLY STAGE SCRUBBERS
THIS AGREEMENT is made and entered on the day of ,1993,
by and between DAVIS PROCESS, a division of Davis Water & Waste Industries, Inc.,2650
Tallevast Road, P.O. Box 29, Tallevast, Florida 34270-0029 (hereinafter called Vendor), and
the City of Delray Beach. Florida (hereinafter called Customer),
WITNESSETH:
NOW, THEREFORE, and in consideration of the mutual covenants contained
herein, and in consideration of the premises and/or equipment, the parties agree as follows:
1. Vendor agrees to maintain the Lift Station # 1. 4. 11. and 80 Poly Stage
Scrubbers owned by the Customers in accordance with the following:
a. Vendor will provide regular biweekly service checks to insure the Poly Stage
Scrubber is operating proper! y. Operating properly is defined as > 95 %
removal of up to 15 ppm hydrogen sulfide from the treated air stream.
b. Vendor will provide repair and replacement of any malfunctioning equipment
associated with Poly Stage Scrubber ',yithin three (3) working days of finding
an equipment problem. This does not apply to any equipment failure
resulting from acts or conditions beyond control of vendor.
c. Vendor will supply chemicals for Poly Stage Scrubber operation.
d. Vendor will troubleshoot odor problems as needed within three (3) working
days and correct any malfunctions in treatment system that may be causing
problems.
'.
,.
2. It is agreed that the above-described equipment and materials shall be used
for the storage of and application of Vendor's products only.
3. It is further agreed that Customer shall pay Vendor a maintenance fee of
$500.00 per unit, per month. First month's payment is due upon delivery and installation
of equipment, with subsequent monthly payments due on the first day of every month
thereafter. Any additional scrubbers maintained for Customer by Vendor hereafter will be
subject to this agreement.
4. The term of this agreement shall be for one (1) years from the date of
acceptance of the first scrubber equipment. This agreement may be extended for an
additional one (1) year term based on negotiated conditions and written approval by
authorized officers of each party hereto. If required by applicable law, this agreement shall
be reviewed annually by the City of Delray Beach City Commission.
5. Vendor agrees to maintain the scrubber in a serviceable condition at Vendor's
sole expense, and will furnish all chemicals and replacement parts including certain
preventative maintenance as recommended by Vendor in its sole discretion at no additional
cost to Customer. Vendor agrees to be solely responsible for all scheduled, unscheduled,
and preventative maintenance and repair on and to said scrubber.
6. Customer agrees to provide to any authorized personnel of Vendor access to
the side equipment herein leased. Such access is to be made available upon reasonable
notice by Vendor's said personnel and such access to be made during normal business hours
of Customer.
7. Customer agrees to install concrete foundations for all scrubbers. The forms
and slab shall meet Vendor's specifications, as approved by Customer's engineers.
'.
,.
8. Customer shall provide adequate and necessary electricity and potable water
supply for each unit.
9. It IS mutually understood and agreed that this MAINTENANCE
AGREEMENT may be terminated for reason of non-performance by either party upon 90
days, written notice by Certified Mail, Return Receipt Requested, from either party to the
other party at the addresses listed above for each party hereto, such 90 days to begin
running upon the date of mailing of such notice.
10. Customer's liability under this agreement shall be limited to the amount paid
by it pursuant to this agreement, and Vendor shall not be liable for any indirect, special,
consequential or other damages whatsoever. Vendor shall not be responsible for delays or
failures in performance resulting from acts or conditions beyond the control of Vendor.
Neither party is responsible for failure to fulfill its obligations under this agreement due to
causes beyond its control.
11. Customer acknowledges that all material and goods which come into its
possession in connection with this agreement consists of confidential and proprietary
information and data, whose disclosure to or use by third parties will be damaging to
Vendor. Customer hereby agrees to hold such material and information in the strictest
confidence and not to make use thereof other than pursuant to this agreement.
'.
'.
12. Vendor does not warrant that the equipment and goods leased hereunder will
meet Customer's requirements or operate in the combinations chosen by Customer or that
the same will be error-free, except for the express warranty referenced above, and Customer
does not make any implied warranties, including any implied warranties of merchantability
or fitness for particular purpose. The limit of Vendor's liability with respect to any express
warranty herein is set forth above in Section 1.
13. Any written notice required or permitted by this agreement may be delivered
by depositing it in the United States Postal Service mail, postage prepaid, return receipt
requested, to the parties at the following addresses:
Davis Water & Waste Industries, Inc.:
2650 Tallevast Road
P.O. Box 29
Tallevast, Florida 34270-0029
City of Delray Beach:
100 N.W. 1st Avenue
Delray Beach, Florida 33444
14. This agreement and all rights under the same shall not be assigned, licensed,
subleased or otherwise transferred, in whole or in part, either voluntarily or by operation
of law, by Vendor without the prior written consent of Customer.
'.
"
15. This agreement constitutes the entire agreement between the parties hereto
and supersedes all prior understandings, representations, oral negotiations and written
correspondence, all of which are incorporate herein, and no representations, understandings
or agreements have been relied upon other than those specifically set forth herein. This
agreement shall not be altered, modified or amended except by written instrument duly
executed by the authorized officers of each party. Furthermore, this agreement inures to
the benefit of and is binding upon each of the parties hereto, their respective successors and
assigns, subject to annual approval by Customer's authorized entity.
16. Any delinquent payment by Customer to Vendor shall carry a late payment
charge of eighteen percent (18%) per annum on the unpaid amount from the due date
thereof.
17. This agreement shall be construed in accordance with and governed by the
laws of the State of Florida.
18. Venue in the event of litigation shall be in Palm Beach County, Florida.
'.
,.
IN WITNESS WHEREOF, each of the undersigned parties have hereunto set its
hand and affixed its seal by and through its undersigned authorized officers as of the day
and year first above written.
VENDOR: CUSTOMER:
DAVIS PROCESS, a division of
Davis Water & Waste Industries, Inc.
(B~~~...~ BY:
Thomas Lynch, Mayor
ATTEST0\~ ~~b ATTEST:
CY City Clerk
STATE OF C).-loV cl i\
COUNTY OF (\\o.~.e Approved as to Form:
City Attorney
The foregoing instrument was
acknowledged before me this
~day o~. , 1993
by~l"i~YL;- . k\1)t'f\
(name of officer or agent, title of
officer or agent), of .
~d\sl~f.ol.\\~~. ~~Q~~1)\{.
(Name of Corporation) a
~<':)fl..q\ ()" (state or place of
incorporation) corporation, on
behalf of the corporation. He/She
-
is Qersonallv knpwn to me or
--
has produced
as identification.
gna
~
Print, Type or Stamp Name of Notary Public
'.
'.
MEMORANDUM
TO: David T. Harden, City Manager
THROUGH: Robert A. Barcinski, Assistant City Manager ~
FROM: Ted Glas, Purchasing Officer ~~
DATE: November 1, 1993
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
NOVEMBER 9, 1993 - PURCHASE AWARD -
WATER METERS, TERM CONTRACT
Item Before City Commission:
The City Commission is requested to approve a contract for water
meters with Sunstate Meter & Supply, Inc., at an estimated annual cost
of $73,000.
Background:
Funds are allocated in the FY 93-94 Water & Sewer budget to purchase
water meters.
Water meters are available via City of Boca Raton Contract #93-081/LK.
(Badger Meters, sizes 5/8" through 2").
The Public Utilities Division and the Director of Environmental
Services have reviewed the Boca Raton contract and recommend award to
Sunstate Meter & Supply, Inc., per attached memo.
Recommendation:
The Purchasing Officer concurs with Environmental Services, and
recommends award to Sunstate Meter & Supply, Inc., at an estimated
annual cost of $73,000.
Attachments:
Letter from Sunstate Meter & Supply, Inc.
Documentation on Boca Raton Contract
Memo from Environmental Services
c: William Greenwood
Richard Hasko
Michael Offie
,
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,.
MEMORANDUM
TO: Ted Glas
Purchasing Officer
FROM: Michael S. Offie
Supt. of Water/Sewer Network
SUBJ: WATER METERS. TERM CONTRACT
DATE: October 20, 1993
I recommend we "piggy back" off of Boca's new water meter
contract for the following reasons:
1. Water Distribution is comfortable with the quality and
durability of Badger meters.
2. The price increase is reasonable.
3. We are operating without a meter contract.
4. The time frame to bid for a meter contract may be quite
lengthy.
I have discussed this matter with Mr. Greenwood and Mr. Hasko.
They concur with my recommendation.
~<?~ /- ,
'/
'1 .4//.(/;
Ml.C ae S. Offl. ,. ~I/
Supt. of Water/Sewer Network IT" ! ~ .-
____,' L_ L_
MSO:pw
cc: William H. Greenwood, Director of Env. Svs.
Richard C. Hasko, Deputy Director/P.U.
FILE: Memos to PURCHASING DEPARTMENT
a:WMCONTRACT.DOC
'.
SUNST ATE METER & SUPPLY, INC.
~
Mailing Address '- Office & Warehouse
11207 NW, 14th Avenue 14222 Newberry Road
Gainesville, Florida 32606 Gainesville, Florida 32606
October 7,1993
Mr. Ted Glas
Purchasing Director
City of Delray Beach
100 N.W. First Avenue
Delray Beach, Florida 33444
Dear Ted,
Suns tate Meter & Supply, Inc. and Badger Meter,Inc. would
like to offer the City of Delray Beach,Fl. the opportunity
of purchasing their water meters off the City of Boca Raton,
Fl. Cold Water Meter bidi 93-08/LK dated August 17,1993. I
am attaching a copy of the City of Boca Raton pricing on Pos-
itive Displacement and Turbine Type Meters.
In comparing water meter pricing in your area, a recent water
meter bid at Palm Beach County Utilities, Sensus (Rockwell)
was awarded the contract. Prices submitted were as follows.
5/8x3/4" - $ 26.06
3/4x3/4" - 45.55
1" - 61.71
2" - 242.35
During the period from October 10,1992 thru October 5,1993
the City of Delray Beach,Fl. purchased the following sizes of
meters.
5/8x3/4" - Qty. 508
1" - Qty. 710
2" - Qty. 15 .
In comparing both bids using todays pricing assuming all is
equal the City of Delray Beach would realize a savings of
$ 938.83 from purchasing Badger Meters off the City of Boca
Raton Bid.
I am also attaching Badger Meters new published warranty which
is unprecedented in the Water Meter Industry. I would like for
you to pay special note to the areas I have highlighted which
will more than justify buying Badger Meters.
Page 1
In Florida Toll Free 1-800-342-3409. Local & Outside Florida 904-332-7106
'.
Page 2
We do appreciate the City of Delray Beach past business and look
forward to serving the cities water meter needs for many years to
come.
If I can be of further service please do not hesitate to contact
us.
Sincerely,
SUNSTATE METER & SUPPLY,INC.
.,~~
~. McL more
President
'.
COUNCIL APPROVAL PROCUREMENT RECOMMENDATION
TARGET AGENDA DATE; Ootober 12, 1993
~----_._~- -~.._~.
SUbject: Water Meters and Meter Reading Equipment
Department: PUblic Utilitie8
Procurement Method: Sole Souroe
Amount: $ 440,600
Recommendation: Award oontract for ~eter reading equipment and
water meters to sole source vendor, Sunstate
Meter and Supply, Gainesville, FL.
History~ A bid was solicited for water meters and an AMR system in
July. Based on the nO-bid responses, there is only one
vendor who can supply the meters and AMR system. The new
system utilizes a HRT Transponder. The HRT-t.ranspond~r
is used in place of a standard register. The meter
r~ader drives the route with a radio frequency portable
interrogator (PI). The PI wakes the meter up and the
meter reading is transmitted back to the PI. The PI data
is then downloaded to a personal computer which transmits
the data to the host computer for billing.
Aooount No.: 470-422-533-6411 - $ 2231300
470-422-533-6431 178,500
470-434-537-6431 38,800
. - ......~- -- ----
Approvals:
purChaSing~.
Buyer; Fin~noe Dirootor:_
Benio u er: city Manager:
purchaainq Agent:____
Purehasinq Memo NO.: 566
'.
"
~ \ . . Bid No. 93-081/LK .
.&
I BID QUOTATION
SECTION I
I COLD WATER ltIKlEICS
GROUP I -POSITIVE DISPLACEMENT TYPE METERS
(Total Price - Est. Qt1 · Unit Price)
.
I ITEM ANNUAL TOTAL PRICE MODEL' SAl V AOE
1
! liQ... DESCRIPTION EST. OTY UNIT PRICE F.O.B. BOCA RATON, VAlUB
1 518- , $ 24.25 $ RCDL 25 3.10
.,
j 2 5/8- X 3/4- $ 24.25 $ RCDL 25 3.10
,
3 3/4- 200 $ 41.70 $ 8,340.00 RCDL 35 4.35
4 1- 2.200 $ 61. 95 $136,290.00 RCDL 70 6.00
5 1 lIr 250 $ 161.90 $ 40~475.00 RCDL 120 10.40
6 r 350 $ 229.70 $,80,395.00 RCDL 170 14.10
TOTAL F.O.B. BOCA RATON FOR GROUP I (ITEMS 3-6) $265,500.00
: MFO: BADGER METER, INC.
GROUP II - TURBINE TYPE METERS WITH STRAINER
(fotal Price = Est. Qty III Unit Price)
ITEM . ANNUAL TOTAL PRICE MODEL' SALVAGE
. .
HQ... DESCRIPTION EST.OTY UNIT PRICE F.O.B. BOCA RATON VAlUE
I
BRONZE CAST IRC
RCDL
10 2- 10 $ 405.40 $4,054.00 TURBO I I 15.00 1.50
$2,591.25 RCDL
11 3- 5 $ 518.25 TURBO II 25.00 12.50
$1,997.80 RCDL
12 4- 2 $ 998.90 TURBO II 40.00 20.00
RCDL
13 6- 1 $ 1,595.05 $1,595.05 TURBO II 60.00 30.00
ReDL
14 8- 1 $ 2,381.50 $2,381.50 TURBO II 100.00 50.00
,
.
TOTAL F.O.B. BOCA RATON FOR GROUP II $ 12,619.60
I MFO: BADGER ~ETER,INe.
.
SUNSTATE METER' SUPPLY,INC.
Company Name .
I
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Board of County Commissioners CQunly Administrator
Mary McCarty, Chair Robert Weisman
Ken L. Foster, Vice Chairman
Karen T. Marcus General Services Department
Carol A. Roberts
Warren H. New~l1 PurchalPing Division
13urt A<lJ:onso"
Maude Ford Lee
..--- -- -
- -..........,.-.
Dat.e: J~l~'y 1.41 ,1.9.93 "-,-' -
RE: PRICE AGREEMENr ~: ..9~14} ,.. .' . ...-.-.--.
SENSOOO1A
SENSU~ TE~HNO~OCI~S
6621 BAY CI RCI.E, i lGO
NORCROSS, GA 30071
Dear Vendor:
This is to inform you that Palm Beach County Boatd of County Commissioners is entet'1.ng into
a price Agreement with 'your company based on one ()f the following:
( X 1 FORMAL BID ~ 93.:-J.A.~/Mij. ~'.".~-- ...-.,. . ,. ..
r J RENEWAL OF FORMA~ BID << DATED
r ] EX'l'ENSION OF FORMAL B 1DIRFiS-l~.-~~'~~-~-~.::.~_..~_":'~ nATED=~~:~~~'~~-:~'_' ~'.' .~' :_:_==~
l
[ ) WRITTEN QUOTl\TION t,_,......""... .'...... ..' .. ,... DATED,u_.. ".u' . u...._ _ ....,...,
[ ] VERBAL QUOTATION PER _,______.__....._.''.... ' , , . _.. DATED..., .' . -.._-. ' _. . ,.,- .-..... .~, ~-_.~.. .
t 1 STATE OF FLORIDA CONTRACT It,_,._...___... .......,..., .-.,._._u_...,._
[ ) PALM BEACH COUNTY SCHOOL BOARD BID l "._..,..._.. '_'___"u"" . ......u_.~~.....,. ,,",
. . . '.. '.'- ... ..
[ X ) OTHB:R: .__".. C9J(LW~1~.Lt1~t~.t~. '~"'''' . .." .. -' -- -- .__ ___d___.'__ ....,__.._ .... - ..-.-"
The ter.m of. this agreement. i:'i ._97.1Q~/9J.. through . OljO~19~. .' . The eslimated dollar valu~
is $ ~?2,500.00 , '
Th~ obligat-ion of Palm Beach County under this ::lgreement are subject to the availability of
funds lawfully appropriated for its purpose hy the state of Florida 81\d the Board of County
Commissioners.
Palm Beach County Departments will issue hard copy orders against. t.his <<~H'eellleJ)t. as .YOllr
authorita~ion to deliver. All invoices must reference each unique document numb~r.
Jt yon have any questions. please cnnlacl ,..M!f.ha~ L ~.!.- ij~\!!?:r at, (~O? L?}3 -P?.1.?'
, .
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(\ /~. rttJ ~(:J-k----- '.. ;
...../.....~.H..c ael F'. Ha.uer I CPPB .
Senior Buyer
ce: Carol Me Duff ie I Water Uti 1 i ties
',11,0 1~\11.1,,1 Opp\.rl\lIIIlY' r\hiflml,jv,~ h\.\ilm l':mph'yn"
~.e 50 S, 1\1ilitary Trail. Suite IIU W<:st 1'<111\\ 11e.\(h, F1urida BolIS-3[',,)
, , . - --',.- ..-
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'-' ......-,. ,-,._, J..L", '_I{'.'_.rIM.:J J. I ''I \.A rH" liU: ,,+<:.1(-'::::..:.\5-1511 1=1855 F'04
#
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BID PROPOSAL
BID 193-143/Mg
LOT t1: POSITIVE DISPLACEMENT ffETERS
ITEM SALVAGE NET ESTIMATED TOTAJ.J*
NO. DESCRIPTION COST VALUE COST QUANTITY COST
1- 5/8" $ 26.06 $ 3.25 $ 22.81 3 Ea S 68.43
Guaranteed Repair Cost: $ 16.00jca.
2. 5/S" X 3/4" S 26.06 S 3.25 $ 22.!J. 4400 Ea S 100,364.00
Guaranteed Repair Cost: $-16.00 /ea.
3. 3/4" $ 4S ..55 $ 4.00 $ 41. 55 5 Ea $ 207.75
Guarant~ed Repair Cost: $ 28.00 !ea..
4. I" S 61. 71 $----2..00 $ 55.71 125 Ea $._ 6,963.75
Guaranteed .Re~air Cost: $ 40.00 lea.
S. 2" $ 242.35 S 18.00 $ 224.35 5 Ea S 1,121. 75
Guaranteed Repair Cost: S 150.40~/ea.
Manuract urer: Sensus -,
Bt'and/Model: SR Series TOTAL OFFER LOT U: S 108,725.68
LOT 12: TURBlNE METERS:
6. 2" $ 328.27$ 20.00 $ 308.27 15 Ea S 4.624.05
Guaranteed Repair Cost: $ 216.00 lea.
,. 05" ~ __ ~0u . ~t~: ~ ~ ' :;; lJ,!':J.t1L /. La :;; I
~':).uu ~::ll..blJ,
Guaranteed Repair Cost: $ 243.00 lea.
8. 4" S 990.75 S 42 . Q.Q_._ S -2.-1Jh25 4 Ea $ 3,795.00
Guaranteed Repair Cost: $ 486.00 Ie 2 .
9. 6" S..L ~4.--J 2 S 85.00 S l,8(;Q.32 6 Ea $ ]1.215.92
Guaranteed Repair Cost: $ 675. 00 / e.a. .
10. 8" Sb885.58 S_140.0L S 2,745.58 4 Ea S 10.982.32
- , Guaranteed Repair Cost: $ 931. r:;(}jea.
"'TOTAL COST EQUAL'S NtT COST X ESTIMA'l'ED QUANTITY.
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ICBmI
METERS, INC.
ff1 d (. ~~ER ~}ER BID TABULATION ~m H1-5l3
CITY & STATE r..er n a VI () rJu III I / ' OPENING TIME ___ DATE ___ .__
/t,00 , 'IS- J.?'" IS- .
OUANTITY
IS-os') C~o) , , '-.
MODEL : 10)/ //S) TURBINE
SIZE 5/8"1( W' 5/B" I( %" %"I(~" '" I( '" '%" 2" 2" 3" 4" 6"
KENT lICons, J3,&t:f a,06 / /,(J.(>> ;'/ <:f,OO fr, ,.. / nOr-
BRONZE
MODEL 1.1) 034.5J "I!J; 56 () .,.. /0; goo'" J,c1ts ,(I () I;,) o ' ,,'"
NO, ~100 W ICons,
Junk Lf, OD f?,fJO IS., 00 .:J O. 00
Allowenee
KENT lICons.
POLYMER
MODEL W/Cons,
NC', Junk
Allowance .
~m~~L~pellCons. a'.~S qs;yO .JU,11 3J$'.'1'1
MODEL
W/Cons,
NO S]L, SI( Junk 3.00 ~. DD 5.00 ~,oo
' " . All owanee
BADGER LlCons, J.S,30 ~5:~O /t'1. 15 J.~<g.OO
BRONZE
~DEL W/Cons.
NO,~.14-~~~~o~nce ~.~O S."'$" 9. ;"tJ IS,$' tJ
BADGER .
PLASTIC L/Cons, -- _. --
MODEL W/Cons.
-- ---- _.
o Junk
N ,----- Allowance
CA.RLON lICons, ._-
MODEL
WICons,
NO, Junk
Allowance
PRECISION lICons, J
MODE L IV / 1::>
W/Cons,
NO,._____ Junk
Allowance
HvtJM~~ LlCons. ;i...S. 'IS '~,3S 183$0 ~~7,S()
MDI{1
S vfr W/Cons, 0_- -_.-
NO.~ Junk ~,OO .$'.00 /tJ,OO /S~~
Allowance
/ )$."0 t 7,st) /fq5"tJ U'l,S("I
NEPTUNE L/Cons,
MODEL ,
T.... 0 W/Cons.
NO,~_____ Junk ~ ,()t) 7,()() q.OO I 3 .~l)
Allowance
OTHER LlCons. 1-
...J)~':l1S _, ___ hlO --
rlfOfE L W/Cons,
e ~-r' Junk ,
NO... .0.- -, -.'.c ,Allowance
OTHER -- i
LlCons,
...-.--.-..-- ...-- . ---
MODE L W/Cons. ,
NO.. '__ - 0'0 0." -. i~~kwance ,
AWARDED TO DATE TO BE AWARDED
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
i
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CITY MANAGER ~ I
I
FROM: I
qt\ I
SUBJECT: AGENDA ITEM i - MEETING OF NOVEMBER 9. 1993
REPORT OF APPEALABLE LAND USE ITEMS
DATE: November 5, 1993
This item is before you for acceptance of the report of decisions made
by the various development related boards during the period October
I
25, 1993 through November 3, 1993. The following actions were I
considered during this reporting period:
I
Planning and Zoning Board:
-Continued a Master Plan Modification for the Sabal Lakes Master
Development Plan (Phase III).
Site Plan Review and Appearance Board:
-Approved a change in elevations for Foreign Cars and Classics,
Inc.
-Approved a landscape plan for Palm Plaza.
-Approved a change in elevations and color for Great Interiors
Consignment Showrooms.
-Tabled a color change for Affordable Auto Painting.
-Approved, on reconsideration, an awning for Elwood's BBQ (5-1
vote) . !
-Approved the site, landscape and elevation plans for Bermuda
Landscaping, subject to conditions.
-Approved the site (5-1 vote), landscape and elevations plans for
The Club Delray, subject to conditions.
Historic Preservation Board:
-Approved a Certificate of Appropriateness for Doc's Soft Serve.
A detailed staff report is attached as backup material for this item.
i
~ 5-0
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(l.P'tIiV
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: D!Il(ID T. ~ CITY MANAGER
Y , r-l~' \ JwW\
THRU: ~MINGUEZ' PRINCI, AL
DEPARTMENT OF PLANNING ~ D ZON G
~v~.
~~;~ ASSIST~ PLANNER --. -
FROM:
SUBJECT: MEETING OF NOVEMBER 9, 1993
REPORT OF APPEALABLE LAND USE ITEMS
OCTOBER 25, 1993 THRU NOVEMBER 3, 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 October 25, 1993, through
November 5, 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
Appealable Items - Meeting of November 9, 1993
Page 2
PLANNING AND ZONING BOARD SPECIAL MEETING OF OCTOBER 25, 1993
1. Continued (5 to 0) , to November 8, 1993, a Master Plan
Modification to the Sabal Lakes Master Development Plan as
it pertains to Phase III. Located north of Lake Ida Road,
east of Barwick Road.
SITE PLAN REVIEW AND APPEARANCE BOARD MEETING OF NOVEMBER 3,
1993
A. Approved (6 to 0), a change in Elevations for Foreign Cars
and Classics, Inc. located at 1601 SW 10th Street.
B. Approved (6 to 0), a landscape plan for Palm Plaza, 1118-
1122 E. Atlantic Ave, located on the south side of Atlantic
Avenue, east of Gleason Street.
C. Approved (6 to 0) , a change of Elevations and color for
Great Interiors Consignment Showrooms, 34 SE 2nd Avenue,
located south of Atlantic Avenue on the west side of SE 2nd
Avenue.
D. Tabled (6 to 0) a color change for Affordable Auto
painting, 145 S. Congress Avenue, located on the east side
of Congress Avenue, south of Atlantic Avenue.
E. Approved (5 to 1) on reconsideration of an awning for
Elwood's BBQ, an overhang of 3 feet, instead of the
previously approved one foot, located at the northeast
corner of Atlantic Avenue and Railway Avenue.
F. Approved (6 to 0) , with conditions, the Site Plan,
Landscape Plan, and elevations for Bermuda Landscaping,
located at 1116 Poinsettia Drive.
G. Approved, with conditions, the Site Plan (5 to 1) ,
Landscape Plan (6 to 0) , and elevations (6 to 0) for The
Club Delray, located at the southwest corner of Lake Ida
Road and Congress Avenue.
HISTORIC PRESERVATION BOARD MEETING OF NOVEMBER 3, 1993
X. Approved (5 to 0) COA 8-217, for a renovation of Doc's Soft
Serve consisting of a color change and addition of awnings,
and recommended that staff approve the associated landscape
plan, located at the northwest corner of Swinton Avenue and
Atlantic Avenue.
The Board also considered the following non-appealable item,
related to this project:
* Approved (5 to 0) an Historic wall sign.
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City Commission Documentation
Appealable Items - Meeting of November 9, 1993
Page 3
Additionally, the Board considered the following non-appealable
items:
* Recommended (6 to 0) that the City Commission designate the
property located at 622 N. Ocean Avenue as a Local Historic
Site.
* Recommended (6 to 0) that the Chief Building Official delay
for 30 days the issuance of a Demolition Permit for the
structure located at 711 S. Ocean Avenue, in order to allow
staff time to conduct research on the property's historic
significance.
RECOMMENDED ACTION:
By motion, receive and file this report.
Attachment: Location Map
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LOCATION MAP FOR
CITY COMMISSION MEETING
OF NOVEMBER 9. 1993
L-3Q CAMAL
_._______._._.____ 0
!!: ~
o ~I
I Iii
z ~
I i
lAKE IDA ROAD
MW25T
SW2ST .
~ ~
. ~
~ I I
LOWSON BOULEVARD i
I I a
I ! I
I 8
!
r---.
L.._. I I Qj~
I! I ~'~
l..... ! J
I ~ r-r.-.--.-.
lit ii I
I .
W I
i
----.---------.----.----.------.-. .
l-JI CAIW. C-1 S CANAL
CITY LIMITS --.-.-.- S.P.RAS. : P.&Z. :
I IoIILE I A. - FOREIGN CARS & CLASSICS 1. - SABAL LN<ES. PHASE III
I B. - PALM PLAZA
~ C. - GRE'AT INTERIORS
CONSCNMENT SHOWROOMS
D. - N'FO~LE AlITO PAINTING
N E. - ELWOOO'S B-B-Q H P B .
_ F. - BERMUDA LNlOSCAPING . . . .
G. - CLUB DELRAY X. _ DOC'S SOFT SERVE
CRY OF DEl.AAY BEACH. FL
PLANNING DEPARTMENT
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
I
FROM: CITY MANAGER ~ I
SUBJECT: AGENDA ITEM:It q \3 - MEETING OF NOVEMBER 9. 1993 I
REOUEST FOR CONDITIONAL USE APPROVAL/SOUTH FLORIDA I
SANITATION I
I
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DATE: November 5, 1993 :
!
This item was deferred at the October 26th regular meeting in order to I
allow staff to gather additional documentation with regard to noise :
and the potential impact upon the redevelopment or development of
nearby properties as it applies to this conditional use request.
This is a request for conditional use approval from South Florida
Sanitation Company for the purpose of establishing a resource recovery
system in the MIC (Mixed Industrial Commercial) zone district, on
property located on the east side of N.W. 18th Avenue, north of N.W. 1
1st Street.
The subject si.te is 103,125 square feet, most of which is covered by a i
concrete pad. There are two vacant buildings on the site, a 6,300 !
square foot two story building with five garage bays and a 200 square I
foot storage building. The buildings will house the business offices
and related truck maintenance functions, including truck storage.
Hours and days of operation are 6:00 A.M. to 5:00 P.M., Monday through
Friday and 7:00 A.M. to 12:00 Noon on Saturday.
The Planning and Zoning Board at their October 18th meeting
recommended approval of the conditional use request, subject to
conditions, with a 5 to 2 vote (Fulton and Golder dissenting). There
was considerable public input at that meeting and 13 people spoke in
opposition of the facility.
Additionally, as a result of direction given by the Commission at the
October 26th meeting, the Police Department will conduct decibel
readings at the site and an economic development/redevelopment
specialist has been retained. It is anticipated that the results of
both reviews will be presented at Tuesday evening's meeting. A
detailed staff report is attached as backup material for this item.
Recommend approval of the request for conditional use approval from
South Florida Sanitation, contingent upon the results of the decibel
testing and economic analysis.
i!Ja aL ~
r.-to //~03/9.3 -
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: ~~~~:;AGER
FROM: ID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF NOVEMBER 9, 1993
CONDITIONAL USE REQUEST, RESOURCE RECOVERY
ACTION REQUESTED OF THE COMMISSION:
The action requested, by the applicant, of the City
Commission is that of approval of a conditional use request
which would accommodate a Resource Recovery Operation. The
petitioner is South Florida Sanitation. The location is
along NW 18th Avenue.
B A C K G R 0 U N D:
This item was before the City Commission on October 26th at
which time, the City Commission continued consideration of the
item and directed staff to examine matters of noise and the
potential impact upon the redevelopment or development nearby
properties.
Please refer to your previous documentation for a full
description of the project. There has been no change in the
proposed operation.
ADD I T ION A L I N FOR MAT ION
On Tuesday morning, the Police Department will take decible
readings at the perimeter of the site and at two off-site
locations. These readings will be taken during operation of the
chipper.
The City has retained one of our previously selected economic
development/redevelopment specialists (consultants). This
individual will review the staff report, visit the site, and
will provide expert testimony at the City Commission meeting.
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A L T ERN A T I V E ACT ION S
The following courses of action are available to the city
Commission:
1- Approve the requested use pursuant to the
recommendation (and conditions) of the Planning and
Zoning Board.
2. Affix additional conditions of approval which would
mitigate or eliminate adverse aspects of the proposed
use and approve. (If such conditions cannot be
completely formulated at the meeting, continuation
with such direction would be appropriate.)
3. Deny the requested use of Resource Recovery Operation
on the basis that a finding consistent with Section
2.4.5(E)(5) cannot be made in that the proposed use
and the manner in which it will be conducted would
hinder development or redevelopment of nearby
properties. (Additional grounds/findings may be
stated, as appropriate.)
R E COM MEN D E D ACT ION:
Action is by motion. No recommendation is given at this time,
pending results of expert testimony.
c:
Susan Ruby, City Attorney
Randy Strickland, Applicant
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Board OKs Defray site;;l I . ;~,:JJ
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Voters fear noise, odor 1 '...
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behind sanitation plan . '"tn I
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By Jeff Penman ~C
Staff Writer
Dust, noise, and odor. ,~ --C
Residents of west Delray will use those three .:n '.
-
buzzwords in a show of foree Tuesday, Oct. 26, at 7 \
p.m. when commissioners vote on whether to ap- "~ CD
prove a resouree recovery facility. a block east of . .
Congress Avenue, north of West Atlantic Avenue. \
. South Florida Sanitation wants to recycle tree ~ --C
,
limbs, vegetation and yard waste at a site north of. . -
i CD ~
Northwest First Street, between Northwest 18th o'
; .
Avenue and the CSX Railroad tracks.
The area is zoned for mixed industrial com mer- '''on
cial. The operation is allowed subject to conditions
under the city's zoning code. . I /";0
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P&Z recommends approval ./ "~
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The plan was backed, 5-2, by a Planning and Zon- /' 3 <
ing Board vote Monday night. City planners recom- / ~,
mend approval saying residents' fears of dust. noise I '_
I ~, CD
and odor are unfounded. . . ~
I I ".
Planner Paul Dorling says South Florida Sanita- ' .....
,- L "~
tion will make much. needed improvements to a site . ~
that was used as a concrete factory. He says there is
no odor risk at the site and dust will be contained at
the facility. ~
But those assurances were not enough for nearly -It I
100 west Delray residents who booed the Planning 1,,1m
and Zoning Board for recommending the project to , .
commissioners. Residents promised to lobby com-
missioners this week and pack City Hall for a final ,.n
' .
vote Tuesday night. .<
:: -.
Helen Coopersmith, president of the Progressive .. ,
Residents of Delray, is leading the fight. She says '"
western communities will be subject to loud noises -.
froni a chipper, which turns waste into mulch, and ....
will also suffer from dust particles and odor. She { '<
called the resourte recovery facility a politically l
correct term for a garbage dump, a charge city staff'
and South Florida Sanitation strongly deny. .. ; 0
Th.plan
South Florida Sanitation plans to use 14 trucks to i -t
collect yard waste in unirieorporated areas. The f
vegetation will be returned to the DeJray site and ~ I
, made into mulch that will be available to the public . C-
o
free of charge. The company will be Op4!D from 6 a.1O. \
-.'
to 5 p.m., but promises not to ~ the chipper before ~~.._-_.._.---_...... C
9 a.m. or after 4 p.m. Chipping will not. take place on
weekends.
"We think this will be good for us and good for . 3
you," says Randy Strickland. general manager of i
South Florida Sanitation referring to the free mulch. .
.
But many residents object to the facility because it -C
will serve only county residents. City residents bave
their yard waste picked up by Waste Management. . .~
Some nearby businesses oppose the facility be-
.. See FAClLtTY on Page 4
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: HARDEN, CITY MANAGER
THRU: D J. KOVAC~
D~TMENT OF PLANNING AND ZONING
AML~
FROM: PAUL DORLING
SENIOR PLANNER
SUBJECT: MEETING OF OCTOBER 26, 1993
CONDITIONAL USE REQUEST TO ESTABLISH A RESOURCE
RECOVERY FACILITY ON PROPERTY LOCATED ON THE EAST SIDE
OF N.W. 18TH AVE. , NORTH OF N.W. 1ST STREET
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of a conditional use request to establish a
resource recovery facility on property zoned MIC (Mixed
Industrial and Commercial).
The property is located on the east side of N.W. 18th
Avenue, north 0 f N.W. 1st Street and immediately west of
the Seaboard Coastline Railroad.
B A C K G R 0 U N D:
The site is the location of a former Tarmac concrete plant. A
detailed annexation and zoning history of the property is
provided in the atta~hed Plann~ng and Zoning Board staff report.
The current request is being made by the South Florida
Sanitation Company, which is under contract with Palm Beach
County to provide waste management and resource recovery
services. The proposal involves establishing these services on
the site under the allowable conditional use of "resource
recovery" .
'.
City Commission Documentation . .
South Florida Sanitation--Resource Recovery Fac~l~ty
Page 2
The operation will involve a total of 14 trucks. The garbage
and recyclable materials that are collected will be disposed of
at designated locations throughout the County, such as the Solid
Waste Authority Landfill. Landscape materials will be processed
at the Delray site. The company will collect the landscape
materials and run them through a chipper located on the site.
The mulched material will be made available at no cost to
residents of the City. Any materials that are not redistributed
by the end of each week will be transported off the premises to
a SWA facility for further recycling. The site will also be
used for the storage, maintenance, and dispatching of the
trucks, and for office functions associated with the use.
For additional information concerning the proposed use and an
analysis of it's impacts, please refer to the attached staff
report.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at its
meeting of October 18, 1993. There was considerable public
input. Thirteen people spoke in opposition to the facility,
citing the following concerns:
* Noise, dust, and odor control.
* Appropriateness of the use in the Congress Avenue
area, and concern that these types of outdoor
industrial uses should not be allowed in this area.
* Use is more appropriate in a rural area.
* Use might be a deterrent to future development and
redevelopment in the area, particularly that of light
industry.
* The City should not be a receptacle for County waste.
The majority of the Board members felt that the use as described
would not create a significant problem with respect to noise,
dust and odor. In general, the Board felt that the use is one
that is appropriate and should be accommodated, and that the
proposed location is acceptable in that it is an industrial
area, it is adjacent. to the r~ilroad and other industrial uses,
and that is not in proximity to residential development. One
Board member (Golder) felt that due to the relatively small area
proposed for the actual mulching operation, the use would be
more appropriately classified as a truck terminal, which is not
permitted in the MIC zoning district.
After a lengthy discussion, the Board voted 5-2 (Fulton and
Golder dissenting) to recommend approval of the conditional use,
based on positive findings with respect to Section 3.1.1 of the
Land Development Regulations, and subject to the conditions
listed on pages 11 and 12 of the P & Z Board Staff Report.
'"
City Commission Documentation
South Florida Sanitation--Resource Recovery Facility
Page 3
RECOMMEND E D ACT ION:
By motion, approve the conditional use request for a resource
recovery facility, based on the findings made by the Planning
and Zoning Board, and subject to the conditions listed on pages
11 and 12 of the P & Z Board Staff Report.
Attachment:
* P&Z Staff Report & Documentation of October 18, 1993
\T:CCSFSAN.DOC
'.
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH --- STAFF REPORT --
MEETING DATE: OCTOBER 18. 1993
AGENDA ITEM: IV.C.
ITEM: CONDITIONAL USE REQUEST FOR SOUTH FLORIDA SANITATION TO ALLOW
THE ESTABLISHMENT OF A RESOURCE RECOVERY FACILITY IN THE MIXED
INDUSTRIAL COMMERCIAL DISTRICT.
GENERAL DATA:
Owner......... ~...... · ... South Florida, Sanitation
Ag.nt....................Randv ~trlcklin
Executive Director
Location.................On the eaat .ide of NW
18th Av.nu. north of RW
2nd Str..t, extended.
Property Siz.............2.358 acr..
City Land U.. Plan.......Comm.rc.
City Zonlng..............MIC (Mixed Indu.trlal
. and Co_erclal)
Adjacent Zoning...North: NIC
Ea.t: I (Indu.trlal)
South: MIC III
Weat: MIC ~
z
Exiating Land u..........Vacant former concrete w
>
manufacturing facility. .
Propo.ed Land U..........Approval of .
Conditional U.. to
..tabli.h a re.ourc.
recovery fac~llty.
Wat.r S.rvic.............Ex1.ting 8" water main
along NW 18th Av.nu..
. - @
-
,
Sew.r Servic.............Exi.tlng .eptic tant
and f1.1d. Con.truction
of a .ew.r .aln to !
acce.. the exi.ting 11ft I
.tation at the .outhea.t
,. ;. corn.r of th. LL Park
viii be nec.aaary.
"
I T E M B E FOR E THE BOA R D:
The action before the Board is that of making a recommendation
on a Conditional Use request to establish a "Resource Recovery
Facility", pursuant to Section 2.4.5 (E) of the Land Development
Regulations.
The property is located on the east side of N.W. 18th Avenue
north of N.W. 1st Street immediately west of the Seaboard
Coastline Railroad.
A sketch plan is accompanying the request and is attached as
Exhibit "A". A full site plan will be required if conditional
use approval is granted.
B A C K G R 0 U N D:
The subject property was annexed into the City via Ordinance
G-467 on November 12, 1962 with an initial zoning designation of
C-3 (Wholesale Light Industrial). In 1972, the C-3 district was
eliminated via Ordinance 21-72 and a HI ( Heavy Industrial)
zoning district was applied to the property. In 1974, a 6,300
square foot building was constructed (2450 sq. ft. office, 3,850
sq. ft. of distribution) for Moody Construction Company. In
1979, the property was purchased by the Standard Concrete
Company. In 1980 a batch house, batch plant and associated wash
out stations and storage bins for Standard Concrete (Tarmac)
were constructed. The concrete plant occupied the site until
early 1993.
The siters Industrial land use designation was changed from
Industrial to Commerce with the adoption of a new Future Land
Use Map in November, 1989. With the adoption of the Land
Development Regulations in October, 1990 the Mixed Industrial
and Commercial District (MIC) was applied to this property.
With adoption of the LDRs in 1990, no Conditional Uses were
accommodated within the MIC district, and Section 4.4.19(G)(2)
limited all permitted uses to enclosed buildings. In January,
1991 via Ordinance No. 4-91, several Conditional Use. were added
to the MIC district as a result of a request by Gelco to
accommodate their . operation _ (modular bldg. sales) as an
allowable use within MIC. During the discussions by the
Planning and Zoning Board, there was a consensus to consider
some uses, which would involve some measure of outside activity,
within the MIC district. Based on that consensus, the Planning
and Zoning Board recommended that eight (8) Conditional Uses be
added to the MIC district. These 8 included Resource Recovery
Facilities.
,. ,,'
P&Z Staff Report
South Florida Sanitation Conditional Use
Page 2
Recently there has been discussion with respect to the
appropriateness of outside uses within the MIC District,
particularly in the Congress Avenue Corridor. However, there
is no formal directive to revisit the matter.
The South Florida Sanitation company has recently purchased the
property and would like to establish a mulching recycling
operation along with truck storage and office function
associated with its waste management operation.
PRO J E C T DES C RIP T ION:
The site is 103,125 sq. ft. or 2.37 acres in size, most of which
is covered by a concrete slab. The site currently contains two
vacant buildings, a 6,300 sq. ft. two story building containing
office space and 5 garage bays and a small 200 sq. ft. storage
building. The site also contains two cement silos and material
storage areas associated with the previous Standard Concrete
Company use.
The Conditional Use request before the Board is to establish a
"Resource Recovery Facility" which will collect vegetative yard
waste, mulch it, and temporarily store it on site. Nine
vehicles a day (fourteen on Wednesday) will be utilized for
neighborhood curb side pick up of yard waste (tree limbs etc. )
from a service area bordered by Hypoluxo Road to the north,
Atlantic Avenue to the south, the Florida Turnpike to the west
and the Atlantic Ocean to the east. These vehicles will collect
one load each per day and two loads each on Wednesday (64 loads
a week). The yard waste will be transported to the site where
it will be emptied on the ground.
The material would then be deposited by a small front end loader
into a 16' Chipper which will expel the chipped material into a
pile. This pile with be contained within a 15' x 20' area that
is walled in on 3 sides (8 ' high CBS) and has a poured concrete
floor. The stockpile will not exceed 10' wide 15' long and 8'
high. Dust control for the entire site will be by a sprinkler
system which currently exists along the top of the fencing
around the perimeter of the site. Non-vegetated materials will
be separated and pla~ed in a ~O yard container for transport to
the Solid Waste Authority landfill.
The mulch material will be made available to area residents free
of charge. Any material not given away by Friday of each week
will be removed from the site and transported to a Solid Waste
Authority.
The site will also house the business offices and related truck
maintenance functions for the South Florida Sanitation Company.
The 14 company trucks will be stored empty on the site overnight
and on the weekends. These trucks will be dispatched each
weekday for waste collection, hauling of recycling materials and
'.
P&Z Staff Report
South Florida Sanitation Conditional Use
Page 3
picking up of yard waste. The garbage and recyclable materials
will be transported to the Solid Waste Authority's landfill and
recycling centers. Prior to leaving the Solid Waste Authority,
the trucks are washed out. Some 0 f these trucks would return
immediately to the site while others would be utilized for the
daily yard waste routes. Truck dispatching can be considered a
secondary (accessory) function of the site.
The hours of operation will be from 6:00 am to 5:00 pm. Monday
through Friday and 7:00 am to 12:00 noon on Saturday. No
chipping will begin before 9:00 am. Monday through Friday and
will not occur on Saturday.
The application is accompanied by a sketch plan showing the
general location of the components of the operation. The
applicant has indicated a willingness to upgrade the property to
current City codes, and if the conditional use request is
approved, a site plan accommodating such site improvements will
be required.
CON D I T ION A L USE A N A L Y S I S:
REQUIRED FINDINGS: (Chapter 3)
Pursuant to Section 3.1.1 (Required Findings), prior to the
approval of development applications, certain findings must
be made in a form which is part of the official record.
This may be achieved through information on the
application, the staff report, or minutes. Findings shall
be made by the body which has the authority to approve or
deny the development application. These findings relate to
the following four areas.
Future Land Use Map: (The use or structures must be allowed in
the zoning district and the zoning district must be consistent
with the land use designation).
The Future Land Use Map designation for the property is
"Commerce". The allowable zoning designations which are deemed
consistent with the Commerce Land Use designation are:
- PCC Planned Commerce Center
- MIC Mixed Industrial and Commercial (current zoning)
- CF Community Facilities
The site is presently zoned MIC (Mixed Industrial and
Commercial). The proposed use of a "Resource Recovery Facility"
is allowed as a Conditional Use within the MIC zoning district.
Allowable accessory uses include services and repair of items
incidental to the principal use, and outside storage including
storage of equipment of materials when screened from view of
adjacent properties.
'.
P&Z Staff Report
South Florida Sanitation Conditional Use
Page 4
Concurrency: (Facilities which are provided by, or through, the
City shall be provided to new development concurrent with
issuance of a Certificate of Occupancy. These facilities shall
be provided pursuant to levels of service established within the
Comprehensive Plan.)
Water: Potable water service exists to the site via a 8" water
main which runs along the front of the property in N.W. 18th
Avenue. This main is connected to a 12" main on the north side
of Atlantic Avenue and extends up N.W. 18th Avenue to the Limpo
Lupo Park of Commerce and west to Congress Avenue. The fire
hydrant spacing in this area currently does not meet the minimum
300' spacing required for industrial uses. Installation of a
fire hydrant will be required on site. It is noted that the
recently approved Keystone Creations to the north will be
installing a fire hydrant. However, that hydrant will be
located internal to their site and is not readily assessable for
general fire suppression.
The fire flow in this area is below 2,000 gallons a minute.
Initially the Fire Department had concerns over the adequacy of
the fire flow given the proposed type of use. However, with the
submission of additional information relating to the wood chip
pile size, and its duration on the site, existing fire flow
has been deemed sufficient.
Sewer: The existing 6,300 sq. ft. building is serviced by a
septic tank and field located immediately west of the building.
The nearest sewer service would be via a connection into a lift
station located approximately 400 feet north within the Limpo
Lupo Park of Commerce.
Pursuant to LDR Section 6.1.ll(A) Sewer Systems a sewer
connection is required when public sewer is within 200 ft. of
the property line. Also, pursuant to the Public Facilities
Element of the Comprehensive Plan, Policy C-3.3 and LDR Section
5.3.3 (F) new development shall be responsible for extending
sewer service from their terminus to the furthest boundary of
the property'involved.
The property immedia~ely to th~ north (Keystone Creations) is to
extend the sewer to its south property line. South Florida
Sanitation will be responsible for extending it from that point
to the subject property's southern property line approximately
374 feet.
If Keystone Creations does not install the sewer extension,
provision of sewer service to this site must be revisited.
Alternatives include continued use of the existing septic system
(requires certification of adequacy from HRS) or provision of
the entire extension from the Lift Station.
"
P&Z Staff Report
South Florida Sanitation Conditional Use
Page 5
Streets and Traffic: A traffic study has been requested but it
has not been submitted. In-lieu there of, the applicant has
submitted a letter stating the development will generate
approximately two trips per 14 trucks or a total 28 daily trips.
However, this does not accommodated traffic from the 34
employees or customers picking up mulch. The provision of a
traffic study prepared by a traffic engineer is required and is
attached as a condition of approval. It is not anticipated that
there will be traffic capacity problems as a result of this
development.
The development takes access from N.W 18th Avenue. The
following issues relate to improvement obligation with respect
to that roadway.
Condition of road surface:
At one time, N.W. 18th Avenue from N.W. 1st Street to its
terminus at Keystone Creations had an asphalt surface. At
present, portions of N.W. 18th Avenue, have deteriorated.
The underlying roadway condition fronting this site is
unclear as the roadway is covered with shell rock deposited
by the concrete operation which previously occupied the
site.
Pursuant to LOR Section 5.3.1(E), Improvement Obliqations,
development shall provide for the construction of street
improvements associated with the project. When a full
local street standard (Le., a new road) is required to
carry traffic to and from the project, the project has to
provide the necessary travel lanes to accommodate vehicles
accessing the site. If it is impractical to construct the
improvements, the obligation may be met by payment of cash
funds equal to the current cost of such improvements.
The Engineering Oepartment is conducting bore tests to
determine the makeup of the roadway. It is anticipated
that the tests will reveal an improved roadway which has
been allowed to deteriorate. In this case South Florida
Sanitation would not be required to rebuild the street.
However, South. Florida S.ani tation improvement obligations
will include restoration of N.W. 18th Avenue to its
previous condition i.e. removal of the shell rock,
restoration of street drainage and possible resurfacing of
that portion of the roadway covered with shell rock.
Right-ot-way:
N.W. 18th Avenue is classified as a local street which,
pursuant to Section 5.3.1 (0)(2), requires a minimum
right-of-way dimension of 60 I. The right-of-way that is
adjacent to this property is 50 feet. Pursuant to Section
5.3.1(0)(4), where the City Engineer supports a reduction
,. ._.f
P&Z Staff Report
South County Sanitation Conditional Use
Page 6
in the required width and where there are no safety hazards
associated with such a reduction, the body approving the
development application may grant a reduction. A similar
reduction had been requested by and granted to Keystone
Creations.
The applicant has submitted a request for a reduction in
right-of-way to 50 feet. The City Engineer supports the
reduction, in that 50 feet is sufficient to support a
street section that is appropriate for this area.
Drainage: The majority of the site is covered by a concrete
slab. The site currently drains off-site into N.W. 18th Avenue.
The site must retain stormwater on site. As a minimum, of 25%
of the site is to be retained in open space per LOR requirements
(see discussion under LDR requirements section), it is
anticipated the new landscape areas will double as swale areas
for water quality. If the conditional use. is approved a site
plan with associated engineering plans will be required.
Parks and Open Space:
Parks and Open Space dedications do not apply to commercial
or industrial properties.
Solid Waste:
The proposed use itself is anticipated to generate 1.8
pounds per sq. ft. of floor area per year or 11,340 pounds.
This volume is similar to the volume generated by the
previous industrial use.
Additional solid waste will be generated through the
elements of the operation. This will include the sorting
and temporary storage of solid waste which may be contained
within the yard waste material. This non-vegetative
material is to be stored in a 30 yard waste container. The
length of time the container remains on site between times
it is emptied is a concern (see discussion under the
Consistency section) . Adequate capacity exists at the
landfill to accommodate waste.
Consistency: Compliance with the performance standards set
forth in Section 2.4.5(E)(5) (Conditional Use Findings)
shall be the basis upon which a finding of overall
consistency is to be made. Other objectives and policies
found in the adopted Comprehensive Plan may be used in the
making of a finding of overall consistency.
A review of objectives and policies of the adopted Comprehensive
Plan was conducted and the following applicable policy was
found:
"
P&Z staff Report
South County Sanitation Conditional Use
Page 7
Policy C-1.S: The City shall concentrate efforts in the
heavy industrial and undeveloped areas along arterial
roadways in order to provide a better image of the
community. Such efforts should include:
* enhanced and continuous code enforcement efforts;
* legislation which requires heavy industrial uses to
provide perimeter landscaping of their sites;
* owners of vacant property shall provide a landscaped
appearance of their properties.
While the South Florida Sanitation site is not located on
an arterial roadway, it is in the area that is generally
considered as part of the Congress Avenue corridor. The
applicant has stated their intent to provide perimeter
landscaping around the site. It is important that such
upgrading be provided in order to meet the above stated
policy. Pending the outcome of the Conditional Use
application, site upgrades will be addressed in detail
during the site plan process.
Section 2.4.S(E)(S) (Standards for Conditional Use Actions):
Pursuant to Section 2.4.!5(E)(!5) (Findings) in addition to
provisions of Section 3.1.1, the City Commission must make
findings that establishing the Conditional Use will not:
A. Have a significantly detrimental effect upon the stability
of the neighborhood within which it will be located; and
B. Nor that it will hinder development or redevelopment of
nearby properties.
This site is bordered by MIC (Mixed Industrial and Commercial)
zoning to the north, south and west, and Seaboard Coastline
Railroad and an industrial zoning designation to the west. The
land use to the north is monument and ornamental stone cutting
(Keystone Creations), temporary construction storage use to the
west, a Plumbing contractor to the south and vacant to the east.
In order to assess the potential impacts of this operation on
adjacent properties, the applicant was asked to provide
specific information on how the mulching operation would be
conducted. The following is a summary of the information
provided.
Nine truck loads daily, twenty eight on Wednesday for a
total of 64 truck loads per week of yard waste will be
brought to the site. The trucks will be emptied on site
in a staging area. The material will be picked up with a
front loader and deposited in a wood chipper. The chipped
product will be expelled into a containment area with
'. ,.,.,
P&Z Staff Report
South County Sanitation Conditional Use
Page 8
concrete base and three CBS walls of 15' wide 20' long and
8' high. The mulch would be available for pick up by the
public between the hours of 9 a.m. and 4 p.m Monday through
Friday. All mulch not given away by the end of the
working day Friday will be loaded in trucks and taken to
the Solid Waste Authority landfill for disposal.
This type of operation raises concerns with respect to noise,
dust, and odor. The following is a discussion of each.
Noise Levels:
The use will generate noise when material is dumped on the
ground, grappled into the chippers and chipped into the
containment area. Additional noise will be generated from
the front end loader when loading mulch for customers.
With the exception of the noise generated by the chipper
all other noises are inherent to most industrial type uses.
Pursuant to Section 99.05 (A) of the City Code of
Ordinances (sound levels of receiving land uses), maximum
decibel levels shall not exceed 60 exterior/45 interior;
and 55 exterior/45 interior for daytime and nighttime hours
respectively. The applicant has indicated that the chipper
will operate during daytime hours only, between 9:00 a.m.
and 5 p.m.
The site is bordered by other noisy industrial uses
including a Stone cutting operation to the north and the
railroad tracks to the east. It is further noted the site
is the heart of an industrial area and approximately 900'
across 1-95 from the nearest residential property.
Dust:
The applicant has indicated in his narrative that dust
control will be provided by a sprinkler application. The
applicant will utilize the existing sprinkler systems which
are installed along the top of the perimeter fencing.
Odor:
Inherent in yard waste is a percentage of non-vegetated
material. The applicant has indicated the yard waste will
be sorted and the non-vegetative garbage will be placed in
a 30 yard dumpster on site. The length of time the
dumpster remains on site is a concern with respect to
odor. It is recommended that as a condition of approval
the 30 yard dumpster be emptied at least once a week and
taken off site. As the landscape material, will not be on
the site long enough for the composting process to
occur, odor associated with the decay of vegetative -..
materials should be minimal.
"
P&Z Staff Report
South County Sanitation Conditional Use
Page 9
Water Consumption:
Dust control by sprinkler system is a concern during
periods of water restrictions. Conflicts between
preservation of water and control of dust will arise.
However if dust control must be curtailed for a short time
no residential areas will be impacted with dust.
While concerns are noted with respect to noise, dust and odor
the proposed mitigation procedures (limited hours of operation,
sprinkler systems, mandatory emptying of non-vegetative waste,
and no long term storage of mulch) would appear to provide
adequate protection. Further, the location of the facility in a
Mixed Commercial and Industrial area far removed from
residential properties would appear to be the most appropriate
location for this use within the City.
Compliance with Land Development Regulations:
Section 4.6.6 (Commercial and Industrial Uses to Operate within
a Building) allows Conditional Uses within commercial,
industrial or mixed use districts to be conducted outside if
visual and other impacts are mitigated. Pursuant to Section
4.6.6 (C) (2) Materials and equipment stored outside must be
screened from view from adjacent public right-of way in a manner
approved by SPRAB.
These regulations create concerns with respect to the
location of the truck storage on the sketch plan. The
storage area is located within the 25' front setback and
10' side interior setbacks. These setback areas must be
utilized for the substantial buffering material which will
be needed to screen the garbage vehicles.
Pursuant to Section 4.6.17(0)(2) developers/owners shall be
required to contain the windblown material within the project
site. While this section relates to erosion control activities
for construction sites it would be applicable to any activity
which would create blowing material. The applicant has
indicated in his na~rative th~t dust control will be provided,
and that the mulched material will be contained within a
walled-in area.
Pursuant to the Section 4.3.3 (Z) no person shall operate a
resource recovery operation without first receiving a valid
operating permit from the Solid Waste Authority. Accordingly,
LOR Section 4.3.3(Z) requires that a letter from the Solid Waste
Authority accompany the application which states its knowledge
of the proposed facility. A copy of the application to the Solid
Waste Authority has been provided.
'.
P&Z Staff Report
South County Sanitation Conditional Use
Page 10
Pursuant to LDR Section 4.3.3 a minimum of 25' of the site is to
be in open space (green area). As the majority of the site is
paved this will require removal of some of the existing concrete
slab. This 25' requirement should be provided by
concentrating green areas to the perimeter of the site and
around the proposed truck parking area. These green areas will
also provide area for drainage to meet the site water quality
standards discussed earlier in the report.
Pursuant to LDR Section 4.6.9 (B) ( 1) (b) adequate off-street
parking must be provided for any new conditional use. Under
Section 4.6.9(C)(5) the parking required for the 6,300 building
is 19 parking spaces. In the narrative the applicant has
indicated that the operation will employee 39 people. Adequate
parking for employees plus vistors should be accommodated on
site. If the conditional use is approved, a site plan which
includes parking facilities will be required.
OTHER:
Sidewalks:
Pursuant to Section 6.1.3(A) sidewalks are required along both
sides of N.W. 18th Avenue. Given the limited pedestrian need
and the limited length of the street, the Engineering Department
supports a waiver of the sidewalk requirement for this
development.
REV I E W B Y o THE R S:
This proposal is not located in a geographic area requiring
review by either the HPB (Historic Preservation Board) , DDA
(Downtown Development Authority) or the CRA (Community
Redevelopment Agency).
If the Conditional Use request is approved, a site plan must be
submitted for review by the Site Plan Review and Appearance
Board. The site is to be generally consistent with the sketch
plan and conditions 9f Conditional Use approval.
Neiqhborhood Notice:
Formal public notice has been provided to property owners within
a 500' radius of the subject property. A courtesy notice has
been sent to Helen Coopersmith (PROD) , Art Jackel (United
Property Owners) and Jean Miner (Delray Beach Counsel of
Communities).
,.
P&Z Staff Report
South County Sanitation Conditional Use
Page 11
ASS E SSM E N T A N 0 CON C L U S ION S:
From a concurrency point of view there are concerns with
provision of adequate fire protection i.e. fire hydrant
installation. In addition, concerns with respect to access
(i.e. status of N.W. 18th Avenue) and extension of sewer mains
are noted.
Compatibility and LOR concerns are noted with respect to noise,
dust and odors. The proposed mitigation procedures (limited
hours of operation, sprinkler systems, and mandatory emptying of
non-vegetative waste and no long-term storage of mulch) would
appear to provide adequate mitigation. Further the location of
the facility in a Mixed Commercial and Industrial area far
removed from residential properties would appear to be the most
appropriate location for this use within the City.
The reuse of this site through the conditional use process also
allows for the imposition of site upgrades as conditions of
approval. These upgrades include a minimum of 25% open space on
the site which will result in substantial perimeter buffer
areas.
A L T ERN A T I V E C 0 U R S E S o F ACT ION S:
A. Continue with direction.
B. Recommend approval of the Conditional Use request based
upon positive findings with respect to Section 3.1.1 and
Section 2.4.5(0)(5) (Conditional Use Finding) and policies
of the Comprehensive Plan subject to conditions.
C. Recommend denial of the Conditional Use request based upon
a failure to make positive findings.
S T A F F R E COM MEN 0 A T ION:
Recommend approval of the Conditional Use request based
upon positive findings with respect to Section 3.1.1 and
Section 2.4.5(0)(5) (Conditional Use Finding) and policies
of the Comprehensive Plan subject to the following
conditions.
1. That a site plan, landscape and engineering plan be
provided which accommodates the following items:
A. A minimum of 25% of open space to be
concentrated around the perimeter of the 'site
and around the bull pen truck storage.
'.
P&Z Staff Report
South County Sanitation Conditional Use
Page 12
B. Parking lot which accommodates the 34 employees
and proposed visitors.
C. Extension of a sewer main to the south property
line or acceptable alternative (if sewer main is
not extended by Key Stone Creations).
D. Fire hydrant spacing which meets the required
300' industrial spacing.
2. Restoration of a portion of N.W. 18th Avenue i.e.
removal of shell rock, provision of on street drainage
and possible resurfacing of that portion of the street
covered by the shell rock.
3. That the extent of the use be limited to the
description contained on page 2 of the staff report.
including the following restrictions:
A. No yard waste will be stored on site over the
weekend i.e. all waste must be removed on Friday
of each week.
B. That the mulch pile always be stored within the
15' by 20' by 8' high proposed containment area
and that it not exceed 20' wide, 15' long and 8'
high.
C. That the hours of the chipping operation be
limited to Monday - Friday 9 a.m. to 5 p.m.
D. That the 30 yard dumpster for non-vegetative
waste will be emptied and taken to an appropriate
disposal site at least once a week.
E. That the hours of the truck dispatch operation be
from 6 a.m. to 5 p.m. Monday through Friday, and
7:00 a.m. to 12:00 noon on saturday.
F. Operational compliance with Section 99.05 (Noise
abatel;1\ent) and Section 4.6.17(D)(2) (Dust
Control) .
4. ,Submission of a traffic study prepared by a traffic
engineer concurrent with the formal site plan
submission.
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER W~
SUBJECT: AGENDA ITEM it. ere - MEETING OF NOVEMBER 9. 1993
SETTLEMENT OFFER/ROY M. SIMON. AlA
DATE: November 5, 1993
This item is before you to consider a request from Roy M. Simon, AlA
for settlement in the amount of $80,000 for an alleged breach of
contract by the City with regard to architectural services for the
Tennis Center/Stadium project.
The City contracted with Mr. Simon for the design of tennis courts at
Lake Ida Park in November, 1988. Under the contract, Mr. Simon was to
provide basic services for the design of the tennis courts at Lake Ida
Park during a 12-month period. Mr. Simon designed the tennis courts
at Lake Ida Park, and was compensated for his work done pursuant to
the contract.
In September, 1989, Mr. Simon submitted a proposal for the design of a
tennis center at the current downtown tennis site for which he was
compensated.
In 1992, Mr. Simon was advised that the City was terminating its
contract with him for the design of the tennis center at Lake Ida
Park.
Section 8.7 of the contract with Mr. Simon provided that the City will
pay termination expenses to the architect in the event termination is
not the fault of the architect. In this instance, Paragraph 8.72
provides that the termination expenses will be equal to 5% of the
total compensation for basic and additional services earned to the
date of termination. According to our Finance Department, Mr. Simon
was paid $68,943; therefore 5% of that amount is $3,447.
The City Attorney/s office has reviewed this request and recommends
that we settle for $3,447 and obtain a release from Mr. Simon that
this amount settles all claims under this contract. A detailed staff
report is attached as backup material for this item.
Recommend settlement in the amount of $3,447, contingent upon the
receipt of the appropriate releases from Mr. Simon.
~~ 5-0 5-0
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11/01/93 To: Susan Ruby
. . City Clerk
For agenda 11/9/93 SIMON AND SCHMIDT
ATTORNEYS AT LAW
p, 0, BOX 2020
100 NORTHEAST F'IF'TH AVENUE
DELRAY BEACH, FLORIDA 33483
ERNEST G, SIMON TELEPHONE (407) 278-2601 WEST PALM BEACH
DAVID W, SCHMIDT FAX (407) 265-0286 737-8222
October 20, 1993 RECEIVED
Mr. David T. Harden OCr 2 1 199J
City Manager
City of Delray Beach CITY M
100 N.W. 1st Avenue 13.NAr'ER's'
Delray Beach, Florida 33444 \. OFFICE
Re: Roy Simon/City of Delray Beach
My File No. 190.38
Dear Mr. Harden:
Thank you for your letter of October 8, 1993.
My letter was a formal demand for settlement. I would appreciate
you presenting it to the City Commission for consideration.
Please advise me of the date that the matter will be on the
Commission agenda.
Sincerely yours,
~cJl ~Q~
David W. Schmidt
..: Roy M. Simon, AlA
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[ITY OF DElRAY BEA[H
100 ,~ . t H i\ '1' L~ f -i T~:_ IjH j U;~ J344~'l . ,107/74:1 7000
October 8, 1993
David W. Schmidt, Esq.
Simon and Schmidt, P.A.
P.O. Box 2020
Delray Beach, FL 33483
Subject: Roy M. Simon/De1ray Beach Tennis Center
Your File No. 190.38
Dear Mr. Schmidt:
I received your letter dated October 5, 1993 regarding Mr.
Simon's claim for damages as it relates to the Tennis Center
project.
Upon consultation with the City Attorney, it is my opinion that
the only monies due Mr. Simon is $3,447.00 pursuant to Section
8.7.2 of the contract as previously explained in my letter to
you dated July 20, 1993.
If your letter of October 5, 1993 is a formal settlement demand
of an outstanding claim, I will present it to the City
Commission. Please be advised, however, that neither myself,
nor the City Attorney would recommend payment in the amount of
$80,000.00 to settle this matter. Please advise if you desire
your settlement offer of October 5, 1993 to be presented to the
City Commission.
Sincerely,
~TJJ~
David T. Harden
City Manager
cc Lee Graham, Risk Manager
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[ITY DF DElHAY BEA[H
CITY ATTORNEY'S OFFICE 20ll NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444
FACSIMILE 407/278-4755 Writer's Direct Line
(407) 243-7091
MEMORANDUM
DATE: October 8, 1993
TO: David Harden, City Manager
FROM: Susan A. Ruby, City Attorney
SUBJECT: Roy M. Simon / Delray Beach Tennis Center Matter
Attached please find a draft response for your signature
pursuant to your request of October 6, 1993. It is my opinion
that we should not entertain, nor could I recommend payment of
the demand in the amount of $80,000.00. I believe the
termination costs set forth in the July 20, 1993 letter from
you to Mr. Simon in the amount of $3,447.00 is appropriate
pursuant to Section 8.7.2 of the contract. At this time, I do
not believe we owe any more monies. Please let me know if you
need anything further. Attached please find a letter to Mr.
Sc i t for your signature.
r
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Attachment
cc Lee Graham, Risk Manager
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" 10/6/'93 To: Susan Ruby. For your review. Please draft response for the City Manager's
signature. Thanks. SIMON AND SCHMIDT
. (sk for DTH) e ATTORNEYS AT LAW
p, 0, BOX 2020
100 NORTHEAST FIFTH AVENUE
. DELRAY BEACH, FLORIDA 33483
ERNEST G, SIMON TELEPHONE (407) 278-2601 WEST PALM BEACH
DAVID W, SCHMIDT FAX (407) 265-0288 737-8222
October 5 , 1993
CE R T IF lED MAIL
P 639 490 212
Mr. David T. Harden Af2Cf2/1/
City Manager file, 6 f2 D
City of Delray Beach
100 N.W. 1st Avenue CITy M, /99J
Delray Beach, Florida 33444 '4NI1CF!;>."
Simon/Delray Tennis . ',. ~!l~:''t.,.,.~
Re: Roy M. Beach Center 1.,(
My File No. 190.38
Dear Mr. Harden:
Our office is representing Mr. Roy M. Simon with regard
to his claim for damages arising from the City's breach of the
agreement with Mr. Simon to provide architectural serV1ces for
construction of the City tennis center. Mr. Simon asked me to
reply to your letter of July 20, 1993.
Your letter neglects to mention several pertinent facts
in the chronology of events. We believe these facts support Mr.
Simon's claim for damages.
On April 17, 1987, Mr. Simon entered into a contract
with the City of Delray Beach to provide architectural serV1ces
including, among other things, relocation of the City tennis
center to the municipal golf course. This contract was entered
into after Mr. Simon's bid was selected following the City's
request for proposals.
In 1988, the City Commission decided to explore moving
the City tennis center location to Lake Ida Park. First, it had
Mr. Simon prepare schematic sketches for that location, and paid
for these pursuant to Articles 1.7 and 14.4 of the existing
contract. La t e r , after deciding on the Lake Ida site, the City
Commission was g01ng to amend its existing contract wi th Mr.
Simon to change the location. Instead, at the urg1ng of then -
assistant city attorney Je ff Kurtz, a new contract was entered
into. It 1S important to note that this new contract was not put
out for bid. It was clear throughout this time that the City
Commission considered its architectural contract for the tennis
center to be with Mr. Simon, at whatever location was eventually
decided upon for construction.
In 1989, the City Commission chose to investigate
renovation of the existing tennis center, in lieu of moving it to
a new location. Mr. Simon was requested by Mr. Weldon to prepare
CONTINUED
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Mr. David T. Harden
City Manager
October 5 , 1993
Re: Roy M. Simon/Delray Beach Tennis Center
My File No. 190.38
schematic sketches. These were paid for under the terms of the
existing contract. It 1.S important to note tha t once aga1.n, th is
was not put out for bid. After receiving the schematics, the
City Commission decided to place the issue on hold.
You state in your letter tha t the term of the contract
was only twelve months. Section 11.5.1 actually states that the
parties contemplated the architectural services could be
completed within one year. However, if services were not
completed within one ye a r , then Mr. Simon would be compensated
pursuant to sections 10.3.3 and 11.3.2 of the contract. Clearly,
the contract was not limi ted to a term of one year, as you state
it was.
It is also worthy of mention that the City Request For
Qualifications 1~92-56 was for construction of a "Tennis Center
Stadium". Nowhere in the request does it state that it was for
renovation of the existing tennis center. You were cited in the
October 1 , 1992 edition of the Q~~~L-!~~~~~_Time~ for the fact
that the City was undertaking two separate projects - construction
of the tennis stadium, and construction of the municipal tennis
center.
The City's position tha t the construction of the munici-
pal tennis center was "abandoned" is clearly unsupported by the
City's course of dealings with Mr. Simon, and the fact that the
tennis center was constructed 1.n 1992-93. Accordingly, it is my
op1.n1.on that the City has breached its existing agreement with
Mr. Simon by employing another architect, and that Mr. Simon is
entitled to damages as compensation.
Mr. Simon wishes to avoid the unpleasantries of litiga-
tion with the City. He has therefore authorized me to extend a
settlement demand to the City for payment of $80,000.00 to Mr.
Simon as full compensation for his damages. Th is amount is the
los t profit Mr. Simon sustained, based upon the payment terms of
his contract, and the construction cost of the tennis center as
built. I would appreciate a response to th is demand within
thirty (30 ) days of the date of th is letter.
Sincerely yours,
1~1-J . SR~r
David W. Schmidt
DWS:dr
cc: Mr. Roy M. Simon
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[ITY DF DELRAY BEA[H
100 N,W, 1st AVENUE DELRAY BEACH, FLORIDA 33444 407/243.7000
July 20, 1993
Mr. Roy M.' Simon
100 Northeast Fifth Avenue
Suite A-2
Delray Beach, Florida 3.483
Re: Agreement with Roy M. Simon for Design of Delray
Beach Tennis Center at Lake Ida Park
Dear Roy:
I forwarded the materials you provided to me in your letter of
May 20, 1993, to the City Attorney's office. Based on their
review of the contract between the City and yourself, the City
offers the following response.
The agreement between the City and yourself was signed by the
Mayor on November 29, 1988. This agreement, which you included
as Exhibit D to your letter, was to design the City of Delray
Beach tennis center at Lake Ida Park in Delray Beach, Florida.
The design of this tennis center was to include 16 lighted
tennis courts, a pro shop restroom facilities, court-side rest
shelters, and parking areas and lighting, irrigation and
landscaping. Pursuant to Section 11.5.1 of the agreement, the
basic services which you were to provide for the City were to
be provided over a 12-month period from the commencement date
of the contract. Thus, the basic services under the contract
were to be provided up to November 29, 1989.
Section 9.6 of the agreement states that the agreement may only
be amended through a written instrument signed by both the
owner and the architect. The owner under the agreement is the
City of Delray Beach. The only individual who is authorized
under state law and the City Charter who may sign an amendment
to a contract on behalf of the City is the Mayor of the City of
Delray Beach. The letter which Joe Weldon signed and returned
to you was not a formal amendment to the contract which would
bind the City to an agreement with you to design the municipal
tennis center site in 1992. In any event, it is my under-
standing that you were compensated for all work completed under
the contract.
The City properly provided you with notice pursuant to Section
8.1 and 8.3 of the agreement that the City was abandoning the
Lake Ida site and would terminate the contract effective August
THE EFFORT ALWAYS MATTERS
'.
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Mr. Roy M. Simon
July 20, 1993
Page 2
4, 1992. This date is seven days after the Commission voted to
terminate the agreement.
Section 8.7.2 of the contract does require the City pay
termination expenses as a result of a termination which is not
the architect's fault. The City paid you $68,943.42 for your
services. Thus, pursuant to Section 8.7.2 of the contract, the
City is willing to pay $3,447.00 as payment to you for
terminating the contract. In exchange, the City would request
that you execute an appropriate release.
It is the City's opinion that you provided all services which
you were required to provide under the original contract which
commenced in November of 1988 and was finally terminated by the
Commission in July of 1993. I trust that you understand the
City's position, and I apologize for any misconceptions you may
have had regarding the City's development of the downtown
tennis center.
If you have any questions, please do not hesitate to call.
~inCerelY' .
r\ #0,.
, iV\-r- rJ :u~____~.
OAVID T. HARDEN,
City Manager
DTH:me
cc: Joseph Weldon, Director of Parks and Recreation
Lee Graham, Risk Manager
Susan A. Ruby, City Attorney
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Plv1
[ITY DF DElHAY BEA[H
CITY ATTORNEY'S OFFICE 21111 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444
F.-\CSI~,fILE ~U7/271~.4 7)) Wr~~_r'. D~r_a~ L~n_
(407) 243-7091
MEMORANDUM
Date: July 20, 1993
To: David Harden, City Manager~
From:
Susan A. Ruby, City Attorne
Subject: Claim by Roy Simon for Architectural Services
I reviewed the materials provided by Mr. Simon regarding his
claim for damages resulting from the City's decision to
terminate his contract with the City. The City contracted with
Mr. Simon for the design of tennis courts at Lake Ida Park in
November of 1988. Under the contract, Mr. Simon was to provide
basic services for the design of the tennis courts at Lake Ida
Park during a 12-month period. Mr. Simon designed the tennis
courts at Lake Ida Park, and was compensated for his work done
pursuant to the contract.
In September of 1989, Mr. Simon submitted a proposal for the
design of a tennis center at the current downtown tennis center
site. This proposal was signed by Joe Weldon, Parks and
Recreation Director. The City properly compensated Mr. Simon
for any work done pursuant to the proposal he submitted to Mr.
Weldon.
In 1992, when the City determined that it would renovate its
existing tennis center, the City advised Mr. Simon that it was
terminating its contract with him for the design of the tennis
center at Lake Ida Park. Even though no work had been done
pursuant to the contract for almost three years, the contract
had never been formally terminated, nor had the project at
either Lake Ida or the downtown tennis site been abandoned by
the City. Therefore, in all likelihood, the contract would
still be considered to be in effect.
As a result of the City's termination of the contract with Roy
Simon in 1992, Section 8.7 of the contract provides that the
City will pay termination expenses to the architect in the
event termination is not the fault of the architect. In this
instance, Paragraph 8.7.2 provides that the termination
expenses will be equal to 5% of the total compensation for
~ .'",
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David Harden, City Manager
July 20, 1993
Page 2
basic and additional services earned to the date of
termination. According to the Finance Department, the City
paid Mr. Simon $68,943.42 pursuant to the contract for the
design of the tennis center at Lake Ida Park. Therefore, the
City would be responsible for 5% of that amount or $3,447.00 to
be paid to Mr. Simon as termination expenses.
I have drafted the attached letter for your signature which can
be sent to Mr. Simon if you would like to propose that the City
settle this matter for the 5% of the amount already paid to Mr.
Simon. The City would, in return, obtain a release from Mr.
Simon in that the 5% payment would be a complete settlement of
all claims under this contract.
If you have any questions regarding this matter, please do not
hesitate to call.
SAR: sh
Attachment
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, . 120y M. 6imon · A.I.A. · Architect 5/21/93 To: Susan Ruby. Please
draft response for City Manager's
architects and planners signature. Route through Selma. Thanks.
I (sk for DTH)
RECEIVED
May 20, 1993 AfAY 2 , '99$
City MANA I
Mr. David Harden, City Manager GER'S OFFICE
City of Delray Beach
100 N.W. First Avenue
Delray Beach, FL 33444
Re: Delray Beach Tennis Center
Our Project Nos. 8617, 8814, 8912
Dear David:
Thank you for the time offered me last Wednesday to discuss my
situation, as it exists, regarding my contract as architect for
the City's tennis center.
As I had indicated, when, in 1986, the City Commission decided to
build a new tennis facility rather than repair the existing one,
several sites were considered. My firm was commissioned to
prepare a feasibility study for the municipal golf course site,
including the renovations to the clubhouse facilities.
In 1987, the City and I entered into a contract for professional
architectural services for the design and construction of (a) the
new tennis center and (b) golf course clubhouse renovations.
During the design process the City decided to study alternative
sites through a Task Force, and agreed on the Lake Ida Park site.
I was asked to prepare schematic site plan studies for the Lake
Ida site under the terms of the existing contract. For some
reason, the City Attorney wanted a new contract prepared using a
different format and different wording. The City Commission
instructed the City Attorney to change "the site" only.
The 1988 contract was prepared naming Lake Ida Park as the site
and deleting the golf course clubhouse renovation portion of the
scope of services. Services were performed through 98%
completion of the construction documents, in preparation for
bidding.
At this point, City staff was asked to review the downtown site.
I was directed to prepare schematic site plan studies for the
downtown site, utilizing the drawings, as prepared, for the Lake
Ida site. The City was given a proposal for the revision of the
existing construction documents for adapting to the new site.
Then the Lavers Resort courts became available, and the City
Commission held that site under consideration with my
consultation.
100 northeast fifth avenue' suite a-2 . delray beach, norida 33483 . (407) 278-1914
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Mr. David Harden
May 21, 1992
Page 2
To that point, the city honored our contract for the tennis
center with the site changing from time to time.
Subsequently, in June, 1992, the City advertised for professional
services for the design of a "Tennis Center Stadium" and a
statement that the applicant must be a "stadium designer".
Although you were advised that I had an existing contract to
provide professional services for the design and construction of
the City tennis center, the City breached the contract and
proceeded to commission another firm for the tennis center and a
consultant for the stadium, after which the City terminated my
contract without cause.
As you are aware, in October, 1992, the City was given the
statutory notice regarding this matter and that time period has
lapsed. Before proceeding with legal action, I am hopeful that
an amicable settlement can be made.
Finally, this letter is sent to you for settlement purposes, and
is inadmissable as evidence in any legal proceeding.
Sincerely,
~on. A. I.A.
RMS:wdm
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DELRAY BEACH TENNIS CENTER CHRONOLOGY
MUNICIPAL GOLF COURSE SITE - Project No. 8617:
08/25/86 Agreement to develop long-range capital improvement
plan for Delray Beach Municipal Golf Course, tennis,
courts and clubhouse/restaurant facilities.
04/17/87 Agreement for New Construction of Tennis Center and
Renovation & Additions to Existing Clubhouse at
Municipal Golf Course site. Signed by City Manager.
10/19/87 Proposal letter to City Manager indicating that
requested schematic design for Lake Ida Park site can
be provided under Article 1.7 and Article 14.4 of
existing Agreement, and asks for the City's
authorization to proceed.
10/22/87 Letter from Recreation Director authorizing schematics
for the Lake Ida Park site showing 16 tennis courts,
pro shop, restrooms, maintenance building, practice
court & parking lot. Mr. Weldon confirmed that
"payment for this service will be covered under Article
1.7 (Additional Services) and 14.4 (Compensation) of
the Golf and Tennis Center contract."
11/18/88 Memo to Commission from City Attorney recommending
Agreement with RMS/AIA for both clubhouse renovation
and tennis center at the Municipal Golf Course be
terminated.
LAKE IDA PARK SITE - Project No. 8814:
11/22/88 Item #28 on Commission Agenda: Approval of lease
between City and Palm Beach County for Lake Ida Tennis
Facility AND enter into architectural contract with
RMS/AIA.
11/29/88 Agreement for Tennis Center at Lake Ida Park site.
Signed by Mayor.
02/06/89 Letter from City Manager advising of Commission
approval of schematics and authorizing RMS/AIA to
proceed with plans and specifications for bid.
WEST ATLANTIC AVENUE SITE - Project No. 8912:
08/24/89 Letter of Agreement between the City and RMS/AIA to
develop for West Atlantic Avenue site a conceptual site
plan utilizing elements of the design prepared for Lake
Ida Park site. Approval date: August 28, 1989
09/21/89 Proposal letter to Recreation Director for
architectural/engineering services to revise drawings,
specifications, etc. for West Atlantic Avenue site.
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1992
( NOTE) A Budget Estimate - Summary and sketch site plan from
Digby Bridges, Marsh & Associates for the City/Proposed
Tennis Centre - N.W. 1 Avenue (West Atlantic Avenue
site), were submitted to the City Commission and placed
on the Agenda in early 1992, while RMS/AIA was still
under contract.
06/18/92 Letter to David Harden regarding receipt of RFQ #92-56
and stating that RMS/AIA was presently under contract
with the City to provide architectural services for a
new tennis center.
07/20/92 Assistant City Attorney called to discuss RMS/AIA
contract with City; advised that she was going to begin
official action to terminate the contract(s) , and
requested copy of the Agreement, Project No. 8912.
07/21/92 Commission Agenda item #9.G: Approve agreement for
architectural services with Digby Bridges, Marsh &
Associates to develop a Tennis Center/Stadium.
07/21/92 Minutes of Commission Meeting (07/21/92) : Agreement
with Digby Bridges, Marsh & Associates approved.
Commission also authorized Asst. City Attorney to
notify RMS/AIA of termination or abandonment of
contracts regarding the Lake Ida Park facility.
07/21/92 Letter to City Manager from attorney representing
RMS/AIA advising that RMS/AIA has an existing contract
with the City for a tennis center.
07/22/92 Memo to Commission from Asst. City Attorney advising
them that RMS/AIA contract should be formally canceled
and requesting the item to be placed on 07/28/92
Commission Agenda.
07/24/92 Memo to Commission from City Manager recommending
cancellation of RMS/AIA agreement.
07/28/92 Commission Agenda item #8.K (Consent Agenda) :
Cancellation of RMS/AIA contract.
07/30/92 Letter from Asst. City Attorney advising that
Commission voted to cancel RMS/AIA contract.
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08/03/92 Letter from City Manager responding to RMS/AIA letter
of June 18 stating his position that RMS/AIA contract
was for Lake Ida Park site, specifically, and that the
request from the City Manager through the Recreation
Director regarding sketches for the West Atlantic
Avenue site did not amend the Agreement for services at
Lake Ida Park.
NOTE:
Memo of 07/24/92 from City Manager to Commission states
"a letter amendment to the contract..." and memo of
07/22/92 from Assistant City Attorney to Commission
states "an amendment to the contract in 1989... "
10/01/92 From an article in the Delray Thursday Times: City
Manager David Harden said work on the tennis center
should be looked at as two separate projects - one the
construction of a $1.11 million stadium and the other a
new $1.39 million, 13-court municipal tennis center
that has been promised for close to five years.
10/05/92 Letter to Mayor from attorney representing RMS/AIA
serving notice of claim for damages as a result of the
City's breach of contract with RMS/AIA.
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA I TEM it Q1). \ - MEETING OF NOVEMBER 9. 1993
SERVICE AUTHORIZATION NO. 1010/BRIEN. SUITER & O/BRIEN.INC.
DATE: November 5, 1993
This item is before you to consider a service authorization in the
amount of $1, 900 to the contract with O/Brien, Suiter and O/Brien,
Inc. for surveying services in conjunction with the Tennis
Center/Stadium Phase II project.
The scope of service under this authorization includes staking two
sets of tennis courts, grease trap, and the parking addition on N.E.
1st Street; staking and grading the parking lot addition and two
drainage inlets; and, setting two bench marks.
Recommend approval of Service Authorization No. 10 to the contract
with O/Brien, Suiter and O/Brien, Inc. in the amount of $1,900 with
funding from General Construction Fund - Tennis Center/Stadium Phase
II (Account No. 334-4145-572-63.42).
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Agenda Item No.:
AGENDA REOUEST
Date: November 4, 1993
Request to be placed on:
~ Regular Agenda
_____ Special Agenda
_____ Workshop Agenda When: November 9 , 1993
Description of item (who, what, where, how much) : Staff reauests the Citv
Commission approve Service Authorization #10 to O'Brien. Suiter and O'Brien.
Inc. to allow survev work and stakina of tennis courts and other related
elements associated with the next phase of the Tennis Center lproiect No.
93-42 ) . All costs and charaes will be as per their Citv aareement dated Mav.
1991 and will be as per the attached service authorization, not to exceed
Sl. 900. 00.
Fundina source for this work will be from Account #334-4145-572-63.42.
ORDINANCE/RESOLUTION REQUIRED: YES/~ DRAFT ATTACHED YES~
Recommendation: Staff recommends approval of Service Authorization No. 10 to
O'Brien, Suiter and O'Brien for surV$~Ork at Tennis Center.
Department Head Signature: ~4~ -._J3...A,)1 ///?'H':7
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable)
Budget Director Review (r~red on all items involving expenditure of funds):
Funding available: E NO
Funding .........Llo"" ~~ S ~ ~ 'f- 2. (if apPl:::ble) {;,
Account No. & Description ~ IV ~ Pit 1I: -~ :.d'>vc7Al,..v ,.,.,L>
Account Balance j ~ I
City Manager Review:
Approved for agenda: YES/NO
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
AG342C.MRM
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DEPARTMENT OF ENVIRONMENTAL SERVICES
MEMORANDUM
TO: David T. Harden
City Manager
FROM: William H. Greenwood ~~/QY~~
Dir. of Environmental Services
DATE: November 4, 1993
SUBJECT: TENNIS CENTER PHASE II
Project NO. 93-42
Staff requests the City commission award Service
Authorization No. 10 to O'Brien, suiter and O'Brien, Inc. in
the amount of $1,900.00 to perform survey work and staking
of tennis courts and other elements associated with the next
phase of the Tennis Center. I have attached a copy of their
service authorization for your approval.
Funding for this work will be from Account No.
334-4145-572-63.42.
WHG:JA:mm
File: Project No. 93-42 (D)
WHG342B.MRM
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O'BRIEN, SUITER ~ O'BRIEN, INC.
CITY OF DELRAY BEACH
CONSULTING SERVICE AUTHORIZATION
DATEs
SERVICE AUTHORIZATION NO. 1Q FOR CONSTRUCTION SERVICES
CITY P.O. NO. CITY EXPENSE CODE 334-4145-572-63.42
PROJ ECT NO.: 93-42 (CITY) (O'BRIEN, SUITER &
O'BRIEN, INC.)
TITLE: TENNIS CENTER EXPANSION
This Service Authorization, when executed, shall be incorporated
in and shall become an integral part of the Contract, dated May,
1991, between the City of Delray Beach and O'Brien, Suiter &
O'Brien, Inc.
I. PROJECT DESCRIPTION
Field surveying as requested by Jose Aguila, Assistant
Construction Manager for Tennis Center Expansion
II. SCOPE OF SERVICES
Stake two sets of Tennis Courts . . . . . . . . . . $ 300
Stake and grade parking lot addition including
islands and curves. . . . . . . . . . . . . . . . . 275
Stake and grade two drainage inlets . . . . . . . . 100
Stake grease trap . . . . . . . . . . . . . . . . . 75
Stake parking addition on N.E. 1st Street . . . . . 150
Set two bench marks . . . . . . . . . . . . . . . . 150
Reserve for additional field staking as may be
requested (10 hours @ $85/hour) for three man
field crew. . . . . . . . . . . . . . . . . . . . . 850
III. BUDGET ESTIMATE OF SERVICES
Compensation for services described herein shall be in
lump sum of $1900.00 applied as follows: City will be
billed on 1st day of month for items completed. Items not
requested will not be billed.
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IV. COMPLETION DATE
Work will be completed within 5 days of date ordered.
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 be included as part of the contract
without a further notice to proceed.
Approved by:
CITY OF DEL RAY BEACH O'BRIEN, SUITER & O'BRIEN, INC.
Date Date
Thomas E. Lynch John K. Weigand, P.L.S.
Mayor Secretary/Treasurer
Witness
Witness
Attest:
STATE OF FLORIDA
COUNTY OF PALM BEACH
Approved as to legal
Sufficiency and Form The foregoing instrument
, was acknowledged before me
this day
of , by John
K. Weigand,
Secretary/Treasurer, of
O'Brien, Suiter & O'Brien,
Inc., a Florida corporation,
on behalf of the corporation.
He is personally known to me
and did take an oath.
Carol F. Baxter
Notary Public
State of Florida
My Commission Expires:
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM #QD.2- - MEETING OF NOVEMBER 9. 1993
AWARD OF BID/JOHNSON DAVIS. INC.
DATE: November 5, 1993
This item is before you to approve the award of bid for relocation of
underground utilities at the Tennis Center/Stadium to Johnson-Davis,
Inc. in the amount of $23,565.
The scope of service under this award includes removal and
installation of existing storm drainage, sanitary lines and
structures; installation of a new grease trap; and relocation of an
existing fire hydrant.
This work is being proposed separate from the entire bid for Phase II
as the majority of the components are still being reviewed. By doing
the site work now, the project should remain on schedule and be
completed in time for the Virginia Slims Tournament.
Recommend approval of the award to Johnson-Davis, Inc. in the amount
of $23,565; with funding from General Construction Fund - Tennis
Center Phase II (Account No. 334-4145-572-63.42).
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Agenda Item No.:
AGENDA REOUEST
Date: November 4, 1993
Request to be placed on:
--A-- Regular Agenda
_____ Special Agenda
_____ Workshop Agenda When: November 9, 1993
Description of item (who, what, where, how much): Staff reauests Citv Commission
approve award of contract to Johnson Davis. Inc. in the amount of S23.565.00 for
underaround work to the Tennis Center Phase II lPro;ect No. 93-42) site.
includina storm drainaae and sanitarv sewer work. Johnson Davis. Inc. is an
approved emeraencv contractor for the Citv of Delrav Beach. Bid #92-17. Februarv
22. 1992 Commission approval.
Allowina for this work will enable Citv staff to continue to evaluate the bid
packaaes for the Tennis Center for future Commission award. while maintainina
the schedule necessary for the Virainia Slims Tournament.
Fundina for this pro;ect is from Account #334-4145-572-63.42.
ORDINANCE/RESOLUTION REOUIRED: YES~DRAFT ATTACHED YES/NO
Recommendation: Staff recommends approval to Johnson Davis in the amount of
$23.565.00 for storm drainsge a~~ary sewer work at tennis center site.
Department Head Signature: ~ " ~~ ///r,k3
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: {jj::tNO '+S S ., 2. &. 3. '1--2- (if ap~able)
~i'\lAQiRj c::.1LerI.a~Les 33
f!!!rV"",s - eV S1XVC-710i"'oJ {;,.,N.t::'
Account No. & Description
Account Balance ft 37~S~~. S 9
City Manager Review:
Approved for agenda: YES/NO
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
AG342BN4.MRM
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DEPARTMENT OF ENVIRONMENTAL SERVICES
MEMORANDUM
TO: David T. Harden
City Manager ~
FROM: William H. Greenwood ;;il~
Dir. of Environmental Services
DATE: November 4, 1993
SUBJECT: TENNIS CENTER PHASE II
Project NO. 93-42
Following the receipt of bids for Tennis Center Phase II,
staff in conjunction with the consultant, Digby Bridges,
have been reviewing the various packages submitted.
In view of the fact that we are still in need of further
evaluation, we request that the City commission award to
Johnson-Davis, Inc. the contract to do underground utility
work. This award will include; removal of existing storm
drainage and sanitary lines and structures, installation of
new storm drainage lines and structures, installation of a
new grease trap and relocation of an existing fire hydrant,
and will be in the amount of $23,565.00.
We received three (3) quotes from companies currently
performing work within the city and after staff review found
that Johnson-Davis, Inc. was the lowest bidder.
At the Commission meeting of February 22, 1992, Bid # 92-17,
Johnson Davis, Inc. was approved as emergency contractor for
the City of Delray Beach.
Allowing for this work will enable the City staff to
continue to evaluate the bid packages for the Tennis Center
in anticipation of awarding the majority of the contracts at
the November 23, 1993 meeting, while maintaining the
schedule necessary for the Virginia Slims Tournament.
Funding for this project will be from Account
#334-4145-572-63.42.
WHG:JA:mm
File: Project No. 93-42 (0)
WHG342N4.MRM
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J - D
JOHNSON.DAVIS INC.
HEAVY CONSTRUCTION ~ UNDERGROUND UTIUTIES
804 HILLBPlATfof CRlVE
LANTANA. FLORIDA 3S462
407-688-1170
November 4, 1993
Mr_ Jose Aquila
City ofDeJray Beach
Department of Environmental Services
100 N.W_ 1st Avenue
DeIray Beach, Florida 33444
RE: PHASE n - TENNIS CENTER
Dear Mr. Aqtilla:
We respectfi.dly submit the following proposal for your consideration.
The quotation was prepared from plans and details supplied by the City
of Delray Beach.
STORM DRAINAGE
30" CMP 180 @ 28_00 5.040.00
Catch Basin 2 @ 1050.00 2,100.00
Removal of existing LS 1.500.00
8,640.00
SANITARY SEWER
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6" DIP CL 52 (epoxy lined) 240 @ 40.00 9,600.00 ;
Cleanout 7 @ 175.00 1,225.00
750 GaL Grease Trap 1 @ 1800.00 1,800.00
Removal LS 1,800.00
14,425.00
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WATER
Relocate FH 1 @ 500.00 500.00
500.00
TOTAL $23,565.00
SPECIAL CONDITIONS
- performance bond premium is not included
- survey and certified asbuilts by others
- cost of all permits and fees by others
-cost of density tests are not included
- all restoration other than backfill is not included.
If we may be of any further assistance. please contact OUl' office.
7~.9~
Scott J. JOIm?
President
SlJ/pmc
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... 1855 Dr. Andre's Way. Unit 5 E
~ I ,.. I >0.' 1\ ;, I:. PH: (407) 278-4451
Delray Beach, FL 33445 ~a F~: (407) 278~5149
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November 2, 1993 .~.... '\, ~
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City of Delray Beach
434 S. Swint on Ave.
Delray Beach, FL 33444
Attn: Mr. Jose Aguila
Re: Tennis Center, Phase II Und ergt"o ltnd
Dear Jose:
Chaz Equipment Co., Inc. is pleased to quote the proposed
underground work as described in the plans provided and
modification described herein:
1. Relocate existing fire hydrant $ 1,820.00
2. Remove existing manhole and VCP sewer " $ 3,315.00
3. Remove existing drainage structure and /'
CMP pipe (* 3, 000. 00
4. Furnis/:l and install CMP dt"ainage pipe $13,650.00 v/
and two inlet s t ruct ltre s
5. Furnish and install grease trap and
6" DIP pipe $12,725.00
6. As-BI.tilts for items 5 and 6 listed above $ 4~
$34, ~ 00
5)i>, _
The above pr i ce s at"e based on the following:
1. Building demolition ( including foundation) wi 11 be
completed by others.
2. Asphalt removal and grading will be completed by others.
3. No bacteriologicals are required.
4. No pressure testing is required.
5. Water main pipe is 'cement 1 in ed.
6. No disinfection is required.
7. Cover over 6" pipe for fire hydrant wi 11 match existinq
pi pe.
8. The only meeting required is a pre-work meet i ng.
9. Grease trap is H-20 loading with heavy duty rated cover
and ri ng.
10. Clean outs are to be 4" wi thout #7635 box and collar.
11. Sewer pipe will be epoxy-lined.
I'=' Inspection shall be done by tOM iRzee:"e,. for ~
&:;..
~. IiW~
13. Dewatering or muck removal i not included.
14. Shop drawings ~.
tli.rJJl- 11#/
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Mr. Jose Aguila
Tenn i sCent er, Phase II
November 2, 1993
15. Fi 11 for backfilling will be provided by the city.
1&. Asphalt for parking area will be completed by others (i f
requi red) .
17. City Permit Fees are waived.
18. The work will be concurrent to road project under
contract.
19. St art and completion dates will be by mutual agreement.
-
This quotation is val id for fifteen days from the date of
this letter.
If you have any questions, pi er.se call.
Sincerely yours,
~~
Bill Blischke
BBIls
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't/17 liJI<C..<tMIAN IIN1r1E~NA 1I'lIONAlL, rrNCCo ....
GENERAL CONTRACTORS
2601 NW. 48th Street . Pompano a.ech. Florida 33073
BROWARO: ($05) 426-1042 . FAX: (305) 426.0711
.
City of l)elX"iiy
Dept. of Environ.enta~ Serv.
Attn; Jose AgU11a
for ~he uti~ity w~rk at the
you have any que8~ions please do not
Elst.i.J.lo
'ti..t.or
I
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t--JO~)-0Z-1993 16: 56 FRO!'l RIC-MAN INT'L TO 14072437060 P.01
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NO. SIZE PCfF GTY ~IT ~IT BID : TOT A L S
* .
.
f 1 38- CMP In 128.00 21,248. ee
* 2 lie. ItUTS 2 2,SN.M 5," ee
f 3 REMOVE STORM P,IPE 76 20.. 1, 520. ee
f If REJ40VE llUT 1 880. ee see.ee:
* 5 PLUG STORM SBER 1 288. M 2e8.88 :
* 6 RELOCFH 1 1.200.0e 1,288. 0e ~
f 7 GREASe TRAP 18,800.08 18, M. fl0 :
f 8 6- DIP SAN 215 189.80 21,580.. .
* 9 ClEAN OOTS 4 see. ee 2,_..
fU~ DOUBLE WYE 1 1,299.99 1,298,09
f11 COMeT TO EX SAN 1 1, 2M. 08 1,281.. '
*12 8' RBlWE VCP . 235 12.M 2,820.80
113 REMOVE SAN Iff 2 ,Ie 1,200,. ,
flit MOBILIZATI~ 1 .ee 1/f,M.ee
f15 880\1 9.00:
f16 0. 0.M
417 0. 0.00 '
;! f':'~ ~:"; ~~ .I~~ e~ ~ i~' $83, 880. ee ,
tIl. SIZE ITEM T'(FF aTY UNIT IJUT BID TOT A L S ; "'>"'i"l":>:~'l;
, " ,'.,.',,' ,', '.', ,,',' I '. ~\
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM i 01E - MEETING OF NOVEMBER 9. 1993
REVISED CAPITAL IMPROVEMENT PROGRAM FOR STORM WATER UTILITY
FUND
DATE: November 5, 1993
This item is before you to approve a revision to the Capital
Improvement Program for the Storm Water Utility Funds. The revisions
are requested because additional critical projects have been
identified since the Capital Improvement budget was adopted. The
proposed revisions are as follows:
-Additional Projects for FY 93/94
-Lowson Boulevard E-3 1/2 Canal Headwall $10,000
-Beach Road Reconstruction (Drainage) $61,000
-N.E. 8th Street (moved from FY 94/95) $10,000
-Moved to FY 94/95
-Seacrest Lane Drainage $21,000
-S.W. 1st Street and 4th Avenue $60,000
-Moved to FY 95/96
-White Drive $92,000
-Lewis Cove Pump Station $29,000
Additionally, project reserves for future projects has been added in
FY/S 95/96, 96/97, and 97/93. A detailed staff report is attached as
backup material for this item.
Recommend approval of the revision to the Capital Improvement Program
for the Storm Water Utility Funds.
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Agenda Item No.:
AGENDA REQUEST
Date: Nov. 3, 1993
Request to be placed on:'
X Regular Agenda Special Agenda Workshop Agenda
When:, 11/09/93
Description of agenda item (who, what, where, how much):
Revise Capital Improvement Program for Stormwater Utility Fund
Pro;ects.
ORDINANCE/ RESOLUTION REQUIRED: YES,@ Draft Attached: YES/NO
Recommendation:
Approve priority listing of projects as presented on the attached.
Department Head Signature:
Determination of Consistency
OK per David Kovacs.
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds):
Funding available: ~ NO N/A (if 'applicable)
Funding alternatives:
Account No. & Description: N~A
Account Balance: N A
City Manager Review:
Approved for agenda: YES/ NO
Hold Until:.
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
'.
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. ~ . ""I
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[ITY DF DElAAY BEA[H
100 N,W, 1st AVEf'JllE . DELRAY BEACH, FLORIDA 33444 . 407/243.7000
......
All-AMlcaClly
\ ' 'III!
1993
MEMORANDUM
TO: Ralph Hayden, P.E., City Engineer
FROM: David T. Harden, City Manager ~
SUBJECT: DRAINAGE PROJECTS
DATE: October 12, 1993
As you suggested in your memorandum of August 30th and as we
have discussed, I adjusted the scheduling of projects in the
Stormwater Utility Fund. I did make two changes, however. As
we discussed, the Seacrest Lane drainage was moved to Fiscal
1995, and the budget for road reconstruction drainage was
reduced to $61,000. I know that $61,000 is less than the amount
of the change order. Hopefully, we can make up the difference
on some other projects. By making this change, I was able to
keep the Beverly Drive drainage in Fiscal 1994. I do not want
to spend money on a temporary solution to the Beverly Drive
drainage problem. I think our attorney should be able to get us
an easement fairly quickly.
In the meantime, you may proceed with reconstruction of the
Lowson Boulevard E-3-1/2 Canal headwall.
DTH:mld
c: Bill Greenwood
@ Prmted on Recycled Paper THE EFFORT ALWAYS MATTERS
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DEPARTMENT OF ENVIRONMENTAL SERVICES
MEMORANDUM
.
TO: DAVID T. HARDEN
CITY MANAGER
'IOU: WILLIAN H. GREENWOOD
DIRECTOR OF ENVIRONMENTAL SERVICES
FROM: RALPH E. HAYDEN, P.E. ~
CITY ENGINEER
DATE: AUGUST 30, 1993
SUBJECT: DRAINAGE PROJECTS
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Engineering has investigated various drainage issues and
recommends action as follows:
1.. N. E. 8th Avenue Drainaae Ditch
,We have requested quotations from four (4) firms
and received only one. We recommend we proceed
with the quotation from Jack Hardy for $ 9,950.
Funds have been found in this year's budget to
cover this cost. A request to Purchasing has been
submitted.
2. Lowson Blvd - E-3-1/2 Canal Headwall
This headwall on Lowson Blvd just north of Dover
Road is in disrepair and threatens FPL buried
conduit. Attached is a photograph of the site.
We have estimated the cost to replace the headwall
to be approximately $ 1.0,000. We recommend we bid
this out as soon as possible. Attached are some
correspondence from FPL and the Lake Worth
Drainage District as well as design sketches.
This repair can be funded from' this year's
stormwater funds.
3. Road Reconstruction Pro;ect
As we previously discussed we feel certain
improvements are necessary to coordinate this
project with the drainage pump station preliminary
plans. This includes:
1 of 3
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a) Drainage on Gleason St. to reduce possible flooding
(2 Inlets ancl 18" RCP) $ 15.000.00
b) Replace drainage on Lowery St. and connect to Basin Dr. Pump Station. $ 55.000.00
c) We also discovered that the exfi\tration trench on Salina Ave. is 1.5
feet to high and conflicts with sewer laterals. We feel this was a
design oversite ancl needs to be corrected. $ 12.500.00
d) Add landscaping to S. E. 5th Street. Landscaping plans ancl irrigation
plans were not complete when this project was bid. Landscaping $ 20.171.00
Irrigation $ 25.607.00
Total drainage modifications $ 82.500.00
Total irrigation ancl landscape additions $ 45. m.oo
The drainage cost for the Road Reconstruction Project can be
funded by deferring the following projects:
Beverly Drive Drainage $ 63.000.00
S. W. 1st Street & S. W. 4th Avenue (By Police Station) 83.000.00
$146.000.00
The requirements for landscaping on s. W. 5th Ave. should be
re-examined. The landscaping and irrigation plans were not
complete when the road reconstruction proj ect was bid. In view
of the fact that this road will serve primarily local residents
and will become a continuing maintenance problem we might want to
reconsider reducing the scope of landscaping. We feel
$ 45,778.00 to landscape this road is excessive. We recommend
some inexpensive ground cover and reduced landscaping. Please
advise.
In summary we recommend the stormwater utility Fund should be
reprogrammed as listed below:
I Proiect FY93/94 FY94/95 FY95/96
Basin Dr. Pump Station Rehabilitation $ 66.000. $ $
Ingraham Outfall 15.000.
Nassau Street Pump Station 82.000.
Seacrest Lane Drainage 21.000.
N. E. 2nd Street Outfall 83,000.
Road Reconstruction Drainage 82,500.
N. E. 8th Street Drainage Ditch 10,000.
Lowson Blvd. E-3-1/2 Canal Headwall 10,000.
Beverly Drive Drainage 63.000.
S.W. 1st Street & S.W. 4th Avenue 60,000.
Hi ramar Drive Pump Stati on 82.000.
Barrier Island Pump Station 82,000.
Lewis Cove Pump Station 82,000.
Eagle Drive and Avocet Drive 25.500.
Io'hite Drive 92,500.
Golf Court 29,000.
Other Drainage Proj. (TBD) 20.500 o. 100.000.
Totals $390.000. $394.500. $221.500.
2 of 3
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:
We have added the line item "other Drainage Proj. (TBD) to
provide a reserve of funds for other miscellaneous projects that
may develop. For instance we may want to increase the size of a
drainage structure on Waterway Lane to allow for a future pump
station, or construct a temporary (and small) dry retention basin
on Beverly Drive until the easement issue is resolved.
Finally, the County is in the process of acquiring a portion of
Lake Ida Road (Goldstein Property) . This property has been
appraised at approximately $ 138,000. Depending upon what the
County may finally agree to pay we may want to participate with
them and buy the whole property. This property could be used to
improve stormwater retention and relieve drainage problems in
this vicinity. This purchase would require adjustments to
protect priorities.
Please advise.
RH: kt
Attachment
cc: Joe Safford, Director of Finance
File: Memos to David Harden, City Manager
Drainage Complaints
RHDH830.KT
3 of 3
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[IT' DF DELHA' BEA[H
100 N,W, 1st AVENUE . DELRAY BEACH, FLORIDA 33444 . 407/243-7000
twaaII
AI-"-Ir:aClly
" III!
1993
MEMORANDUM
TO: David T. Harden, City Manager
FROM: Robert A. Barcinski, Assistant City Manager~
SUBJECT: Agenda Item # q F City Commission Meeting 11/9/93
Approval for Resolution #105-93 and Purchase Contract
for s.w. Park Site
DATE: November 4, 1993
ACTION
City Commission is requested to approve Resolution No. #105-93
and the Contract For Sale and Purchase of Real Property from
Norman and Carolyn Blood for an approximate 5.93 acre site, to
be utilized as a City park in conjunction with School Site "S."
The total contract price is $650,000 and is to be funded from
Recreation Impact Fees.
BACKGROUND
Staff has concluded negotiations for a 5.93 acre park site. The
purchase price includes all closing costs, i.e., attorney fees,
realtor fees, etc. The City engaged the services of two
appraisers to determine fair market value of the property. The
average per acre cost, based on the appraisals, was
approximately $104,00. (This does not include closing costs.)
The average per acre purchase price is approximately $109,600
and includes all closing costs, road realignment easements,
water and sewer line easements and a site for new master lift
station.
As part of the contract the City agrees to realign Germantown
Road and construct the roadway section to the park site
entrance, construct a new entry into Blood's Grove, construct a
master lift station sized to service the area, install a main
water line, provide access to the park and school site, and
provide utility services to the park and school site.
@ Pnn;ed ,In Rc(:.~'c/ed F'fiper THE EFFORT ALWAYS MATTERS
'.
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Agenda Item #
Resolution #105-93
This contract is contingent upon the School Board acquiring an
adjoining 10 acre school site, an acceptable environmental
prepurchase audit, acceptable soil samples, the land being free
of wetlands and flora and fauna restrictions, site plan
approval, obtaining concurrency, permits, and land use and
zoning changes. The property will be annexed into the City.
The scheduled closing date is on or before April 10, 1994, to
allow time for the School Board to reach final agreement on
their property acquisition and to meet all contingencies.
The City Attorney is meeting with Mr. Blood's attorney late
Friday afternoon to review the draft contract language which is
attached. A revised copy of the contract will be sent to
Commissioners prior to Tuesday's meeting.
RECOMMENDATION
Staff recommends approval of Resolution #105-93 and the Contract
for the Sale and Purchase of Real Property.
RAB:kwg
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CITY RTTORNEY'S OFFICE TEL No. 407 278 4755 Nov 05,93 11:SS P.02
... ...."'....."~'
"-'~;.'.,.:'''''''1'' ". .' ....... .
.... - .:'-":";:"'~~!.-
. . , . " "':'. ,.1".. ~,' .
RESOLUTION NO.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO
PURCHASE FROM SELLER CERTAIN REAL PROPERTY IN PALM
BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY
INCORPORATING AND ACCEPTING THE CONTRACT STATING THE
TERMS AND CONDITIONS FOR THE SALE AND PURCHASE
BETWEEN THE SELLERS AND THE CITY OF DELRAY BEACH,
FLORIDA.
WHEREAS, the City of Delray Beach, Florida, wishes to acquire
certain property located South of the intersection of Germantown Road
and Linton Boulevard for the purpose of providing a municipal park; and
WHEREAS, the Sellers hereinafter named desire to sell tho
property hereinafter described to the City of Delray Beach Florida; and
WHEREAS, it is in the best interest ot the City of Delray
Beach, Florida, to purchase said property for the purpose described
above.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray
Beach, Florida, as Buyer I hereby agrees to purchase from Norman W.
Blood, Jr. and Carolyn Blood, as Sellers, land for use as a municipal
park for the purchase price of Six Hundred Fifty Thousand and 00/100
W"II._'~____ ~_~_.... _....._ ...,A,.. ..~.. .. - - --
"
, C I Toy. ATTORNEY'S OFF I CE TEL No. 407 278 4755 Nov 02,93 16:55 P J)2
D('Pt~t-
CONTRACT FOR SALE AND PURCHASE OF REAL PROPERTY
COME NOW, the parties NORMAN W, BLOOD, JR. and CAROLYN
BLOOD of Palm Beach county, Florida (hereinafter referred to as
the "SELLER") and the CITY or DELRAY BEACH, fLORIDA, a
municipality of the State of Florida located 1n Palm Beach
County (hereinafter referred to as "BUYER" ) and hereby agree
that the SELLER shall sell and the BUyER shall buy the
following interest in real property upon the following terms
and conditions wh1ch are as follows:
1- SELLER agrees to convey in fee simple title to real
property located in Palm Beach County, Florida, (hereinafter
referred to as "property") being described as follows:
see Exhibit A "Legal Description" attached hereto.
2. SELLER further agrees to convey property for road
right-of-way purposes necessary for the realignment of
Germantown Road and access to theparl< Facility as indicated In
Exhibit B, wh1ch 1s attached hereto.
3. PURCHASE PRICE: BUYER shall pay $650,000.00 for the
above-described property. This purchase price includes any and
all acquisition and closing costs, including attorney fees,
real tor -r-e.es , survey cost, title, document stamps, etc. and
updated taxes. The entire purchase price s ha 11 be due and
payable at the time of closing.
4. TIME FOR ACCEPTANCE, EffECTIVE DATE I If this
contract is not executed by and delivered to all parties or
fact of execution communicated in writing between the parties
on or before December 1, 1993, the otter will be withdrawn
unless extended by mutual agreement. The date of this contract
("Effective Date") will be the date when the last one of the
BUYER and the SELLER has signed this contract.
5. TITLE EVIDENCE: At least seyen (7) days before
closing, SELLER shall, at BUYER. a expense, deliver to BUYER's
attorney a title insurance commitment in accordance with Item A
of Standards for Real Estate Transactions. /=/ c e he... t C",-L---
,
6. CLOSING DATE: This tranS(lctionsh~ be closed and
the deed and other closing papers delivered April 10, 1994
unless extended by other provisions of the contra~t.
7. CONVEYANCE: SELLER shall convey title to Property by
special warranty deed subject to matters contained in this
contract and taxes for the year of closing.
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, C I T y, R T TOR N E Y , S 0 F FIe E TEL No, 407 278 4755 Nov 02,93 16:56 P.03
8. RESTRICTIONS; EASEMENTS, LIMITATIONS: BUYER shall
take title to the property subject to zoning restrictions,
prohibitions and other requirements imposed by qovernmental
authority; restriction6 and matters appearing on the plat or
otherwise common to the subdivision; public utility easements
of record, taxes for year of closing and subsequent years
provided that there are no non-governmentally imposed restric-
tions on the property which would prevent the property from
being used as a park and that there are no violations or
restrictions of any of the foregoing which would prevent the
location of utility lines running to the park site.
9. DEFAULT BY BUYER: I f BUYER fails to perform any of
the covenants of thi5 contract, money paid pursuant to this
contract by BUYER as aforesaid shall be retained by or for the
account of the SELLER as consideration f or the execution of
this contract and as agreed liquidated damages and in full
settlement of any claims for damages.
10. DEFAULT BY SELLER: If the SELLER fails to perform
any of the covenants of this contract, the aforesaid money paid
by the BUYER, at the option of the BUYER shall be returned to
the BUYER on demand; or the BUYER shall have only the right of
specific performance.
11. OCCUPANCY a SELLER warrants that there are no parties
in occupancy other than the SELLER.
12. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten
or hand~~tten provisions shall control all printed provisions
of the contract in conflict with them.
13. REAL ESTATE COMMISSIONS: Each party represents to
the other that no real estate broker has been employed or
utilized in this transaction or in procuring and introducing
BUYER to the property. Each party agrees to indemnify and hold
the other harmless from any claims and demands of any real
estate broker, salesperson, or other person claiming entitle-
ment to a fee or commission, includin9 costs and attorney's
fees in resisting Buch claims, and in the event of litigation
at trial and on appeal. The provisions of this paragraphs are
intended to and shall survive the closing.
14. LICENSE TO HARVEST: BUYER grants to SELLER a license
to cultivate and harvest crops from the fruit trees existing on
the Property until such time as\, BUYER begins site Clearing
and/or construction on the property. BUYER shall notify SELLER
of its intent to begin site clearing and/or construction on the
Property at least ten (10) days prior to beginning the work.
15. ANNEXATION: SELLER authorizes BUYER to begin annexa-
tion of the Property into the City of Delray Beach with the
Property being rezoned to Conununity Facilities District
provided, however, that rinal action on the annexation and
:...! C ( Ii LF / {,.( I L I'::
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, CIT-Y, RTTORI~EY' S OFFICE TEL No. 407 278 4755 Nov 02,93 16:56 P,04
1 ~' I ,?
) I) ,;,.',,,(0 i, e
rezonings cannot take place unttL_~.ft.,er the date of closing.
All costs associated with the annexation and rezoning shall be
borne by the BUYER.
16. WARRANTIES: SELLER warrants that there are no facts
known to SELLER materially affecting the value of the Property
which are not readily observable by BUYER or which have not
been disclosed to BUYER.
17. SPECIAL CLAUSES: ( 1) Subject to approval of this
contract. by the City Commission of the City of Delray Beach;
(2 ) Contingent on Palm Beach County School Board acquiring 10
acre parcel adjacent to subject property; ( 3 ) Contingent on the
property, as described, being free of wetlands and
environmentally sensitive flora and fauna so that in the
BUYER'S opinion the entire site can be developed for use as a
park facility; ( 4 ) Contingent on an environmental prepurchase
audit (obtained by BUYER at is own expense) acceptable to the
BUYER and any other audits (obtained by BUYER at its own
expense) deemed necessary by the BUYER evidencing that there is
no hazardous or toxic waste or any other contaminants on or
near the property which would violate any and all environmental
laws, rules, codes, regulation or ordinances whether federal,
state, or local, including, but not limited to the
comprehensive Environmental Response Compensation and Liability
Act ("CERCLA"), 42 u.s.c. S9601~57, the Resource conservation
and Recovery Act ("RCRA"), 42 U.S.C. S6901-911, the Clear Water
Act ("CWA") 33 U.S.C. S1251-1376, the safe Drinking Water Act
(IISDWA"Js 42 U.S.C. S300F-300J-IO, the Toxic Substances Control
Act (" eA"), 15 U.S.C. S2(iOl"'29, the Hazardous Materials
Transportation Act ( "HMTA") 49 U.s.c. 1801-1907, Florida
Statutes Chapter 403.01 et. seq. , Florida Statutes Chapter
376.01 et. seq. Further, SELLER warrants, represents and
.. covenants that the property is free and clear of all hazardous
"- or toxic waste or other such contaminants. This provision
",
shall survive the clos1ng herein and there shall be no merger
'-, of Deed and Contract; (5) Contingent on BUYER being able to
obtain all necessary permits; (6 ) Contingent on obtaining
concurrency prior to closing; (7) Contingent on soil evaluation
',,- indicating soil conditions acceptable. ,1
\...-
18. DRA1NAGEz SELLER agrees to provide easements for the
installation and maintenance of drainage facilities, water
lines, sewer lines, and outfall structures necessary to serve
the property. SELLER further agrees to provide a Special
Warrant Deed for the placement of-. a master lift station which
~'- shall be constructed by BUYER at a !uture date. /
, I
19. WATER AND SEWER SERVICE:: BUYER a9rees to construct
/ wa ter and sewer lines of sufficient size to serve the Park
Site, Elementary School Site, and balance ofsE~LER'S propert~~.
" 20. ROAD ACCESS: BUYER ~9rees to construct access to the
Park Site, Elementary school Site, and Blood's Hammock Groves.
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CIrY' ATTORNEY'S OFFICE TEL t~o. 407 278 4755 Nov 02,93 16:57 P,05
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The location of the road will be agreed on by the parties. The
conceptual location for access is indicated in Exhibit "B".
BUYER will endeavor to start road construction on or about May
1, 1994 and complete construction no later than October 1,
1994.
21. FENCING: BUYER agrees to provide fencing between
Park Site and remainder of SELLER's property.
22. REVERSION: BUYER agrees to realign Germantown Road
to intersect with Palm Forest Way as indicated in Exhibit "B" ~--
which is attached hereto. At the time ot the realignment, the !
abandoned road right-of-way as indicated on Exhibit "B" shall f
revert to the possession of SELLER.
23. ACCESS: SELLER shall give BUYER and his
representatives and agents full access, during normal business
~
hours, from the date hereof through the Closing, to the i '( ( (( I(
property so that BUYER may conduct such tests and examinations (1 ( ,
with respect to the property as shall be necessary to effect " (C 'I! "
the purpose of this Contract. Nothing contained herein, 'cf
however, will permit BUYER to interfere or interrupt the
business of any tenant of the property.
24. ASSIGNMENT: BUYER'S and SELLER'S rights,
obligations, liabilities, powers, duties, covenants, and all
similar matters under thls Contract may not be assigned by
either Party except upon prior written consent of the non
_assigning party. Subject to the foregoing limitations, this
Contract~all be binding upon and inure to the benefit of the
parties hereto and their respective heirs, successors and
assigns.
25. ENTIRE CONTRACT: This contract constitutes a full
and complete understanding between the partie6 hereto and all
instruments or other communications are hereby superseded upon
the execution of this Contract. BUYER and SELLER may, by
written notice to the other: ( i ) extend the time for
performance of any of the obligations or actions of the other,
(ii) waive any inaccuracies in the representations or
warranties ot the other contained in this Contract, (iii) waive
compliance with any of the covenants of the other contained in
this Contract, and (iv) waive performance of any of the
obligations of the other. Except as provided in the preceding
sentence, no action taken shall be deemed to constitute a
wavier by the party taking such action of compliance with
respect to any representations, warranties, covenants or
agreements contained herein. The waiver by either party hereto
of a breach of any provision of this Contract shall not operate
or be construed a8 a waiver of any subsequent breach. Any
amendment or modification to be effective must be by an
instrument in writing signed by the parties. Any waiver to be-
effective mU15t be by an instrument in writing signed by the
party giving the waiver.
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CITY RTTORNEY'S OFFICE TEL No. 407 278 4755 Nov 02,93 16:58 p, Of,
STANDARDS OF REAL EST~,!,~_,.. TRANSACTIONS
A. EVIDENCE Of TITLE: A title insurance commitment
issued by a Florida licensed title insurer agreeing to issue to
BUYER, upon recording of the deed to BUYER, an ownerls policy
of title insurance in the amount of the purchase price,
insuring BUYER's title to Property, subject only to liens,
encumbrances, exceptions or qualifications set forth in this
Contract and those which shall be discharged by SELLER at or
before closing. SELLER shall convey a marketable title subject
only to liens, encumbrances, exceptions or qualifications set
forth in contract. Marketable title shall be determined
according to applicable Title Standards adopted by authority of
The Florida Bar and in accordance with law. BUYER shall have
forty-five (45) days from date of receiving evidence of title
to examine it. If title is found defective, BUYER shall,
within seven (7 ) days, notify SELLER in writing specifying
detect(s), If the defect(s) render title unmarketable, SELLER
will have 120 days from receipt of notice within which to
remove the defect(s), tailing which BUYER shall have the option
of either accepting the title as it then is or demanding a
refund of deposit(s) paid which shall immediately be returned
to BUYER; thereupon buyer and SELLER shall release one another
of all further obligations under the Contract. SELLER will, if
title is found unmarketable, use diligent effort to correct
defect(s) in title within the time provided therefore,
including the bringing of necessary suits.
B. EXISTING MORTGAGES: The SELLER shall provide
e6 toppe r-1.et ters (not necessarily in affidavit. form) setting
forth the principal balance, method of payment, and whether the
mortgage is in good standing. All mortgagee are required to be
paid off in full at the closing so as to insure that BUYER
obtains the land free and clear of all liens, mortgages and
other encumbrances.
C. SURVEY: BUYf;R, at BUYERIS expense, within time
allowed to deliver evidence of title and to examine same, may
have property surveyed and certified by a registered Florida
surveyor. If 5urvey shows encroachment on Property or that
improvements located on Property encroach on setback lines,
ea.sements, lands of othere, or violate any restrictions,
Contract covenants or applicable governmental regulation, the
same shall be treated as a title defect.
O. LEASES: Within thirty (30) days of scheduled Closing
date, SELLER shall terminate all existing leases on the
property. SELLER shall further identify and hold BUYER
harmless from any and all such matters, claims and causes of
a.ction arising from the same.
E. LIENS: SELLER shall furnish to BUYER at time of
closing an affidavit attesting to the absence, unless otherwise
provided for herein, of any tlnanclng statements, claims of
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CITY RTTORNEY'S OFFICE TEL No. 40? 278 4?55 Nov 02,93 16:59 P.O?
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lien or potential lienors known to SELLER and further attesting
that there have been no improvements or repairs to property for
90 days immediately preceding date of closing. If Property has
been improved, or repaired within that time, SELLER shall
deliver releases or waivers of mechanics' liens executed by all
general contractors, subcontractors, suppliers, and materialmen
in addition to SELLER's lien affidavit setting forth the names
of all such general contractors, subcontractors, suppliers and
materialmen and further affirming that all charges for improve-
ments or repairs which could serve as a basis for a mechanic's
lien or a claim for damages have been paid or will be paid at
cloBing.
F. PLACE OF CLOSING: Closing shall be held at the
office of the BUYER'S attorney or as otherwise agreed upon.
G. TIME: Time is of the essence of this Contract. Time
periods herein of less than 6 days shall in the computation
exclude Saturdays, Sundays and state or national legal
holidays, and any time period provided for herein which shall
end on Saturday, sunday or legal holiday shall extend to 5:00
p.m. of the next business day.
H. DOCUMENTS FOR CLOSING: SELLER'S attorney shall
prepare a mechanic's lien affidavit, assignments ot leases,
tenant and mortgagee estoppel letters, and corrective
instruments as necessary. BUYER shall furnish Closing
statement and deeds.
I . ---EXPENSES: All expenses are included in the purchase
price.
J. PRORATIONS; CREDITS: Taxes, assessments, rent,
interest, insurance and other expenses and revenue of Property
shall be prorated through day before closing. Taxes shall be
prorated based. on the current year's tax with due allowance
made for maximum allowable discount, homestead and other
exemptions. If closing occurs at a date when the current
year's millage 1s not fixed, and current year's assessment 1s
available, taxes will be prorated based upon such assessment
and the prior year's millage, If current year's assessment is
not available, then taxes will be prorated on the prior year's
tax. If there are completed improvements on Property by
January 1st of year of closing which improvements were not 1n
existence on January 1st of the prior year then taxes shall be
prorated based upon the prior year's millage and at an equit-
able assessment to be agreed upon between the parties, failing
which, request will be made to the County Property Appraiser
for an informal assessment taking into consideration available
exemptions. Any tax proration based on an estimate may, at
reque6t of either BUYER or SELLER, be subsequently readjusted
upon receipt of tax bill on condition that a statement to that
effect 1s in the closIng statement.
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CIry ATTORNEY'S OFFICE TEL No, 407 278 4755 Nov 02,93 16:59 P.08
.
.
K. INSURANCE: If insurance is to be prorated, the
SELLER shall on or before the closing date, furnish to BUYER
all insurance policies or copies thereof.
L. SPECIAL ASSESSMENT LIENS: Certified, confirmed and
ratified special assessment liens as of date of closing (and
not as of Etfect1ve Date) are to be pa1d by SELLER. Pending
liens as of date of closing shall be assumed by BUYER. If the
improvement has been substantially completed as of Effective
Date, such pending lien shall be considered as certified,
confirmed or ratified and SELLER shall, at closing, be charged
an amount equal to the last estimates of assessment for the
improvement by the public body.
M. PROCEEDS OF SALE: The Deed shall be recorded and the
evidence ot title continued, at SELLER'S expense, to show title
in the aUYER, without any encumbrances or change from the date
of the last evidence rendering SELLER'S title unmarketable, and
the cash proceeds of such sale shall be held in escrow by the
SELLER'S attorney or by such other mutually agreed upon Escrow
Agent for a period of not longer than five (5 ) days, exclusive
of Saturdays, sundays and holiday. If the SELLER'S title is so
rendered unmarketable, the BUYER'S attorney Shall, within the
said five (5 ) day period, notify SELLER'S attorney in writing
of the defect and the SELLER shall have thirty (30) days from
the date of receipt of such notification to cure the detect.
In th event SELLER fails to timely cure Baid defect, all monies
paid hereunder shall, upon written demand therefor, within five
. (5) days thereafter, be immediately returned to BUYER, and
simultar\'es.usly with such repayment, BUYER shall vacate the
premises and reconvey by Special Warranty Deed. In the event
of the failure of the BUYER to make timely demand for refund,
he shall take title as is, waiving all rights against the
SELLER as to the intervening defect.
N. CONTRACT NOT RECORDABLE; PERSONS BOUND; NOTICE:
Neither this Contract nor any notice of it shall be recorded in
any pub11c records. This contract shall bind and inure to the
benefit of the parties and their successors in interest.
Whenever the context permitB, Bingular Bhall include plural and
one gender shall include all. Notice given by or to the
attorney tor any party shall be as effective as if given by or
to that party.
DATE EXECUTED BY
WITNESSES: (Two are required) SELLER
BY:
NORMAN W. BLOOD, JR.
(type or print name)
BY:
CAROLYN BLOOD
(type or print name)
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CITY ATTORNEY'S OFFICE TEL No, 407 278 4755 Nov 02,93 17:00 P,09
.
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DATE EXECUTED BY
BUYER
BY:
Thomas E. Lynch, Mayor
ATTEST:
City Clerk
Approved as to Form and
Legal Sufficiency:
City Attorney
hlood-g'''it
11/0Z/9) rev.
."'-............
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CITY RTTORNEY'S OFFICE TEL No. 407 278 4755 Nov 02.93 17:01 P,10
EXHIBIT "A"
LEGAL O&SCRIPTION
Approximately 5.93 acres of the Northwest quadrant of
property commonly known as Blood's Grove for a park site,
more specifically described as that part of Section 25,
Township 46 South, Range 42 East, Palm Beach County,
Florida, conunencin9 at the Northwest corner of the plat of
Foxe Chase, according to the plat thereof recorded in Plat
Book 38, Pages 1 and 2 of the Public Records of Palm Beach
County, Florida; thence S.1007'33"E., along the west line of
said plat of Foxe Chase, 272.79 feet to the point of
beginning; thence continue S.1"07'33"E., along said west
line, 435.00 feet; thence S.88052'27"W., 500.00 feet; thence
N.I007'33"W., 360.00 feet; thence N.43052'27"E., 212.13
feet; thence N.lo07'33"W., 197.79 feet, thence
N.88052'27"E., 150.00 feet, thence S.1007'33"E., 272.79
feet; thence N.88052'27"E., 200.00 feet to the said point of
be9innlng.
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CITY RTTORNEY'S OFFICE TEL No. 407 278 4755 Nov 02.93 17:01 P.ll
NOV~02-93 TUE ]];32 MACMILLAN & STANLEY FAX NO. 4U12'(otH:Rll t'. Ui:
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~,-,_._._._._,_.- FUTURE ~RlOHT Of WAY
-.---------- FVTVfU:' PA'va.Ce;NT ,
CITY of DELRAY BEACH ' I "_.-.... 1
SCHOOL SITE" g'
ENVIRONMENTAL SERVICES DEP A1mlENT ~ ,------ --,--
,I
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM ~ qc; - MEETING OF NOVEMBER 9. 1993
SERVICE AUTHORIZATION NO. S/ECKLER ENGINEERING
DATE: November 3, 1993
This item is before you to consider a service authorization in the
amount of $15,709.20 to the contract with Eckler Engineering for
engineering services in conjunction with the Rehabilitation of Lift
Station Nos. 3, 9, 10, 15, 83, 88 and 105.
The scope of service of this authorization includes preparation of a
report which describes the existing conditions of each pump stationj a
survey of each pump station for preliminary and final designj and,
preparation of preliminary cost estimates and construction documents.
All of these were recommended in the Wastewater Transmission System
Master Plan with the exception of Station 105. A staff evaluation of
Station 105 is included with the backup material.
Recommend approval of Service Authorization No. 5 to the contract with
Eckler Engineering in the amount of $15,709.20 j with funding from
Renewal and Replacement - Lift Station Conversion to Submersible
(Account No. 442-5178-536-61.83).
~5-0
Agenda Item No.:
AGENDA REQUEST O~ f?l
Date: -lrI:1gl.ol..L Sl, 1993
Request to be placed on:
__X__ Regular Agenda O~ z,1c> I
_____ Special Agenda
_____ Workshop Agenda When: SGp~el.lb~h 14, 1993
Description of item (who, what, where, how much) : Staff requests City
Commission to approve Service Authorization No. 5 for Eckler Engineering in the
amount of $15,709.20 for a design report to study and identify requirements for
the rehabilitation of Lift Station Nos. 3, 9, 10, 15, 83, 88 and 105. The
report will also include recommendations for the manifolding of existing sewer
force mains entering Lift Station 50. The funding source for this project is
account number 442-5178-536-61.83. The project number is 93-064.
ORDINANCE/RESOLUTION REQUIRED: YES/~ DRAFT ATTACHED YES/~
Recommendation: Staff recommends approval of Service Authorization No. 5 for
Eckler Engineering. ~
Department Head ~d8..h ~.~~<>) 10/;'1)
Signature:
I
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 alternative ~
Account No. & Des~Ption
Account Balance . I 1 ~
City Manager Review:
Approved for agenda: @/NO m~j1
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
/agen2513.doc
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MEMORANDUM
TO: David T. Harden
City Manager ~
THRU: William H. Greenwood ~
Director of Environmental Services
FROM: Richard C. Hasko, P.E.
Deputy Director of Public Utilities
SUBJECT: SERVICE AUTHORIZATION NO. 5
ECKLER ENGINEERING
PROJECT NO. 93-064
DATE: October 18, 1993
Attached is an agenda request and a copy of Service Authorization
No. 5 for Eckler Engineering in the amount of $15,709.20. The
scope of service in this agreement includes the study and
preparation of a design report with recommendations for the
rehabilitation of sewage Lift Station Nos. 3, 9, 10, IS, 83, 88
and 105 including appropriate survey work. The report will also
contain recommendations for the manifolding of existing
forcemains discharging to Lift Station No. 50.
The funding source for this project is account number
442-5178-536-61.83.
R~~~~.E.
RCH : smm
ATTS:
cc: Ralph Hayden, P.E., City Engineer
Robert Bullard, Maintenance Superintendent
Victor Majtenyi, Construction Manager Tech.
File: Memos to City Manager
Project No. 93-064(D)
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MEMORANDUM
TO: David T. Harden
City Manager P.E.~
FROM: Richard C. Hasko,
Deputy Director of Public utilities
SUBJECT: Lift station #105
DATE: October 25, 1993
Per your request, I am attaching hereto a memo from our Maintenance
Division outlining the condition of Lift station #105 located on
North Swinton Avenue.
On the basis of the attached, I am requesting that the
rehabilitation of Lift station #105 be included in the current
phase of lift station rehabilitation projects proposed to be
engineered by Eckler Engineering.
cc: William Greenwood, Director of Environmental Services
File: 93-064(D)
r RECEIVED
L /0 /s{3/9~
CITY CLERK
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ENVIRONMENTAL SERVICES DEPARTMENT
MAINTENANCE DIVISION
MEMORANDUM
TO: RICHARD HASKO, P.E.
DEPUTY DIRECTOR PUBLIC UTILITIES
FROM: ROBERT C. BULLARD,
MAINTENANCE SUPERINTENDENT
DATE: OCTOBER 25, 1993
SUBJECT: LIFT STATION #105
This station is approximately twenty (20) years old, and is
in very poor condition. It was originally designed as a two
pump operation with belt driven motors with centrifugal
pumps. Due to high maintenance, which occurred
approximately eight ( 8) years ago, the Wastewater Staff did
an in house conversion, thus installing two submersible
pumps with PVC suction pipe. The can and cover are totally
corroded and beyond repair.
Last year the Maintenance Division Electrical Staff
installed a used power supply cabinet (control panel), due to
the poor condition of the existing unit. Presently, when
the pumps clog we must break loose the PVC piping from the
top part of the discharge and pull up approximately 10' of
piping along with the pump. There is no guide rail system
to speak of. The wet well is not structurally sound and
this could create a major problem with contamination if it
were to collapse, as the station is next to a canal.
The Maintenance Division is requesting that Lift Station
#105 stay in this phase of Lift Station upgrade.
&?~ ~ /~~
l Robert C. Bullard
RCB: jaf
File: Memos from Utility Maintenance
FCBRH.DOC
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ECKLER ENGINEERING
CITY OF DELRA Y BEACH
CONSULTING SERVICE AUTHORIZATION
DATE: August 19. 1993
SERVICE AUTHORIZATION NO. 5 FOR CONSULTING SERVICES
CITY P.O. NO. CITY EXPENSE CODE
PROJECT NO.: CITY 215.DO ECKLER ENGINEERING
TITLE: Design Report for Pump Stations 3. 9. 10. 15. 50. 83. 88 and 105
This Service Authorization, when executed, shall be incorporated in and shall become an
integral part of the Contract, dated November 6. 1991. between the City of Delray Beach
and Eckler Engineering.
L PROmCf DESCRIPTION
The City of Delray Beach has several pump stations which need to be rehabilitated.
These pump stations are numbers 3, 9, 10, 15, 83, 88 and 105. There is also some
work which needs to take place on manifolding the force mains before they enter
into pump station 50. There are various options available for the repair of each of
these stations and it is necessary to prepare a preliminary design report on each
station and determine exactly how the station will be rehabilitated prior to beginning
the final design. Some of these stations will need new pumps and controls and some
may need structural rehabilitation or need to be replaced entirely. This preliminary
design report will recommend the methods of rehabilitation for each pump station
and provide an anticipated construction cost.
ll. SCOPE OF SERVICES
The CONSULTANT will prepare a description of the existing condition of each
pump station, the pumping capacity and current and proposed flow rates. The
discharge requirements for each pump station will also be determined. A complete
survey will be made at each pump station for preliminary and final design
considerations for rehabilitation or replacing the pump station. Necessary surveying
will be performed to determine the location of easements in which these pump
stations are located and the elevations and locations of other physical features which
my impact the rehabilitation of these stations.
Page 1 of 5
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Upon collection and review of the survey information, field .investigations and flow
data, the ENGINEER will prepare preliminary cost estimates for pot, ,ntial methods
of rehabilitation and make a recommendation for rehabilitation bi':sed upon the
available data. The ENGINEER will be able to move directly into design and
prepare construction documents based upon the recommendations cO.1tained in this
report. The ENGINEER will provide five (5) copies of the design rep'"lrt and review
this document with the CITY staff. Five (5) copies of the final design report will
be provided based upon corrections made during the design review meeting.
The CITY shall provide verification of existing easements in which these pump
stations are located and will obtain easements as required, will provide all available
flow data on which the pumping capacities of the stations will be based, pressure
conditions within the force mains to which these stations connect and available data
on the existing pumping and control systems.
ID. BUDGET
This proposal is made in accordance with Section 7 - Compensation, Paragraph A,
method 2 - Time Charges Not To Exceed Budgeted Amount, page 17 of the
AGREEMENT.
Task Description Title Hours Rate Amount Total
Administratic n Principal 8 $ 31.00 $ 248.00
Secretary 2 $ 12.00 $ 24.00
Field Principal 8 $ 31.00 $ 248.00
Investigation Engineer 1 16 $ 17.00 $ 272.00
Data Collection Engineer 1 8 $ 17.00 $ 136.00
Analysis and Principal 8 $ 31.00 $ 248.00
Recommendations Engineer 1 32 $ 17.00 $ 544.00
Cost Estimates Principal 2 $ 31.00 $ 62.00
Engineer 1 6 $ 17.00 $ 102.00
Final Report Principal 8 $ 31.00 $ 248.00
Engineer 1 20 $ 17.00 $ 340.00
Technician 4 16 $ 29.40 $ 470.00
Secretary 6 $ 12.00 $ 72.00
Report Principal 4 $ 31.00 $ 124.00
Presentation Engineer 1 4 $ 17.00 $ 68.00
Page 2 of 5
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Task DescriptiOl! Title Hours Rate Amount Total
Subtotal $ 3206.40
Labor x 3 $3,206.40 x 3 $9,619.20
SUBCONTRACT
Surveying $5,400.00
Subtotal $5,400.00
Subcontract x 1.10 $5,400.00 x 1.10 $5,940.00
EXPENSES
Telephone $ 20.00
Postage $ 10.00
Mileage 250 x $.28 $ 70.00
Photocopy/Blueprints $ 50.00
Subtotal $ 150.00 $ 150.00
PROJECf TOTAL 15,709.20
IV. COMPLETION DATE
The design report shall be completed within 60 days of the rece, pt of this signed
Service Authorization. The final design report shall be presentee to the CITY 14
days after the design review meeting.
This Service Authorization is approved contingent upon the CITY's ac ~eptance of and
satisfaction of the completion of the services rendered in the previous phase whereas
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 be included as part of the contract without any further notice to proceed.
Page 3 of 5
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Approved by:
CITY OF DELRAY BEACH: ECKLER ENGINEERING
Date Date %-/q-q-3
c~4.5~
Signature Donald A Eckler, Owner
wQ~ L~~
Print Name
Title dI.?/ ~
Witness
Attest --
Approved as to legal Sufficiency
and Form
.--
Page 4 of 5
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ACKNOWLEDGEMENT IF PRINCIPAL IS AN INDIVIDUAL
STATE OF FLORIDA
COUNTY OF BROWARD
The foregoing instrument was acknowledged before me this /q day of
a -l fl'4t:. , 1993, by Donald A. Eckler
(Name of person acknowledged)
who is personally known to me or has produced personally known to me
(Type of identification)
as identification and who did not take an oath.
~) C/ ".:i(JjU..IJAlKJ~
Signa re of Person Taking Acknowledgement
OFHe'AL NOTA"ffi7!!. '1
LIl\'DA C l;j.:,\Ci\:'iSO
NOTARY PU13l.tC STATE 0:: jLI}~(ilH
COM:"lISS!ON NO, CC2'i'i:J(,'?
MY CO/Yf[\llS:,!U;'! F~:I', :.i:\J' 1.1907
--.........-
Name of Acknowledger Typed, Printed or Stamped
Page 5 of 5
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM:It q rt - MEETING OF NOVEMBER 9. 1993
SERVICE AUTHORIZATION NO. is/HAZEN AND SAWYER
DATE: November 5, 1993
This item is before you to consider a service authorization in the
amount of $34,121 to the contract with Hazen and Sawyer, P.C. for
engineering services in conjunction with the N.E. 3rd Avenue/Decarie
Street Water Main Extension project.
This project consists of installing a of 12 inch water main along N.E.
3rd Avenue from the intersection of N.E. 3rd Street and Allen Avenue
to Decarie Street, and installing a 12 inch water main extension
paralleling Decarie Street to tie into the existing eight inch line at
Atlantic High School. Also included are all valves, fire hydrants,
service connections and all system appurtenances in accordance with
the City's Master Water Plan.
The scope of service under this authorization includes:
-Preparation of specifications, contract drawings (plan/profile),
permit applications, cost opinion, assistance in bidding and
part-time services during construction.
Included separately in the agreement is a $10,000 contingency for
additional services. Any work required over the base authorization
amount will require prior approval by the City Manager.
Recommend approval of Service Authorization No. 15 to the contract
with Hazen and Sawyer, P.C. in the amount of $34,121 and authorize the
City Manager to approve additional services up to $10,000; with
funding from 1993B Water and Sewer Revenue Bond - Water Main/N.E. 3rd
Avenue (Account No. 440-5179-536-63.58).
or 5-0
Agenda Item No.:
AGENDA REQUEST
Date: November 2, 1993
Request to be placed on:
__X__ Regular Agenda
_____ Special Agenda
_____ Workshop Agenda When: November 9, 1993
Description of item (who, what, where, how much): Staff requests Commission's
approval of Service Authorization #15 for Hazen & Sawyer, P.C. for professional
consulting services in conjunction with a 12" water main extension along N.E.
3rd Avenue and DeCarie Street (2325' plus or minus) per the City's Master Water
Plan. This agreement is in the amount of $34,121.00 with $10,000.00 additional
services if authorized by the City Manager and includes survey, plan
preparation, budget opinion, permitting and inspections/certifications for the
proposed main extension. The funding source for this project is account
#440-5179-536-63.58, 1993 Water & Sewer Bond. The City project number is
93-073.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
-- --
Recommendation: Staff recommends approval of Service Authorization #15 for Hazen
Sawyer, P.C.
D~partment Head ?:~ rV 1/.0/1-:1 ~
S~gnature: ~ -. -
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable)
Budget Director Review (~red on all items involving expenditure of funds):
~ Funding available: YES NO
~ Funding alternatives (if applicable)
Account No. & Description 440-5179-536-63.58 93 W/S Bond Wtr Main N.E. 3rd
Ave. cI-
Account Balan 250,000
City Manager Review:
Approved for agenda: GNO {flu]
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
a:agensa15.doc
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MEMORANDUM
TO: David T. Harden,
City Manager
FROM: Richard C. Hasko, P.E.
Deputy Director of Public utilities
SUBJECT: HAZEN & SAWYER, P.C.,
SERVICE AUTHORIZATION NO. 15
N.E. 3RD AVENUE/DECARIE STREET
WATER MAIN EXTENSION
PROJECT NO. 93-073
DATE: November 2, 1993
Attached is an agenda request with a copy of Service Authorization No.
15 for Hazen & Sawyer for professional consulting services in
conjunction with a twelve (12) inch water main extension along N.E. 3rd
Avenue and DeCarie Street (2325' plus or minus) per the City's Master
Water Plan.
This service authorization is in the amount of $34,121. 00 and includes
survey, plan preparation, budget opinion, permitting and
inspections/certifications for the proposed water main extension. The
funding source for this project is account number 440-5179-536-63.58,
1993 Water & Sewer Bond.
[JJ/Je, lj2
Richard C. Hasko, P.E.
RCH: jaf
ATT:
cc: William H. Greenwood, Director of Environmental Services
Ralph Hayden, City Engineer
Ted Glas, Purchasing Officer
Victor Majtenyi, Construction Manager Tech.
File: Memos to City Manager
Project No. 93-073(0)
CC Agenda File 10/26/93
A:RHSAI5.DOC
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CITY OF DELRAY BEACH
CONSULTING SERVICE AUTHORIZATION
DATE: September 23, 1993
SERVICE AUTHORIZATION NO. 15 FOR CONSULTING SERVICES
CITY P.O. NO. CITY EXPENSE CODE:
PROJECT NO. (CITY) (HAZEN AND SAWYER, P.C.)
TITLE: N.E. 3rd Avenue/Decarie Street Water Main Extension
This Service Authorization, when executed, shall be incorporated in and shall become an integral
part of the contract dated as if written there in full.
I. PROJECT DESCRIPTION
This Service Authorization represents the provision of water services to N.E. 3rd Avenue and
Atlantic High School. The scope of this Service Authorization is, but not limited to: preparation
of specifications, contract drawings (plan/profile), permit applications, cost opinion, and parHime
residence services during construction for the following work:
1. Approximately 2,325 L.F. of 12-inch water main extension along N.E. 3rd Avenue from the
intersection of N.E. 3rd Avenue and Allen Avenue to Decarie Street. The Work will
include all valves, fire hydrants, service connections, and all system appurtenances in
accordance with City requirements.
2. Approximately 700 L.F. of 12-inch water main extension paralleling Decarie Street and tie
into the existing a-inch line at Atlantic High School. The Work will include all valves, fire
hydrants, service connections, and all system appurtenances in accordance with City
requirements.
3. Provide survey services consisting of field topography and horizontal locations referenced
by baseline station and offset or electronic data collection of all existing improvements
within the full right-of-way N.E. 3rd Avenue and Decarie Street and limits of project to
include the following:
A. Topographic elevations at 100' intervals to depict existing ground profile at
proposed pipe location which may include: Centerline grade (existing PGL), edge
of pavement grade, location and grade I)f curb, gutter, swale centerline, front and
back of sidewalk, and right-of-way linn. including cross sections at all P.C./P.T.
points of intersection return radii, and P.1. of intersections.
B. Location and dimensions of existing roadway, payment, driveways, sidewalks,
curb, etc., including P.C./P.T. of intersE!ction return radii.
PROSC116.BCA:11-01-93
Page 1 of 6
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C. Location of existing utilities and drainage facilities including pipe diameter, direction
and invert elevations, rim/grate elevations of all storm, sanitary, and other
accessible structures exclusive of Florida Power and Light/Southern Bell facilities.
D. Location of all trees, shrubs, mailboxes, signs, fences, and other encumbrances
found within the right-of-way.
E. Provide and reference benchmarks at maximum 600' intervals.
F. Mapping document to include road right-of-way lines and centerlines according to
plat of record and identify limits and lines of relevant platted projects.
II. SCOPE OF SERVICES
Phase I - Study and Report - Not Appllcabl~
Phase II - Preliminary Desion Phase
CONSULTANT shall provide preliminary design phase services in accordance with Article
111.B of the contract.
Phase III - Final Deslon Phase
CONSULTANT shall provide final design pha~;13 services in accordance with Article III.C
of the Contract.
CONSULTANT shall produce the final design drawings on standard 4-mil, 22-inch by 34-
inch mylar sheets. CONSULTANT shall prepare all drawings utilizing a CAD system.
CONSULTANT shall furnish, with the drawings, one set of CAD drawings files on IBM PC-
AT formatted, magnetic media compatible with AUTOCAD Version 10 (or later) for use by
CITY.
Services shall include preparation of detailed final opinion of probable construction cost
based upon the completed final design drawings and specifications as approved by CITY.
The estimate shall reflect changes in scope incorporated during design reviews with CITY
staff.
CONSULTANT shall be responsible for the coordination with CITY staff and departments,
and for the activities of the sub-consultants. Part of this function is to monitor progress
of all staff associated with the project and to identify critical areas of concern which fall
behind schedule. CONSULTANT will maintain a detailed project schedule and take steps
when necessary to insure the project stays on schedule. CONSULTANT shall submit
monthly project status reports to CITY.
r CONSULTANT shall prepare and submit, on behalf of CITY, construction permit
applications to the following regulatory agencies:
. State of Florida HRS (Health Department)
. State of Florida Department of Environmental Regulation
. City Building Department
PROSC116.BCA:11-01-93
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. Department of Transportation
Associated permit application fees shall be determined by CONSULTANT and paid by
CITY.
Phase IV - Blddlna/Neaotlatlon Phase - Bv the City
The CITY will coordinate all Bidding/Negotiation Services.
Phase V - Construction Phase
CONSULTANT shall provide Construction Phase services in accordance with Article III.E
of the Contract.
CONSULTANT shall provide part time resident project representation through its Resident
Engineer and Engineering Inspectors in accordance with Article III.F of the Contract. Part
time resident project representation shall not exceed 75 hours.
The CITY will provide material and soil testing and inspection services as required to
assure compliance with the construction documents. Also, CITY will utilize the services
of a concrete testing laboratory to perform concrete tests as detailed in the construction
specifications and deemed necessary by CONSULTANT. CONSULTANT shall not be
responsible for the means, methods and accuracy of material testing subcontractors.
Phase VI - Resident Prolect Representative Phase - Not Applicable
Additional Services
Provide additional services relating to the provision of water and hydrant services to the
project areas. These additional services may be required due to uncertainties discovered
during survey, soils, investigations, field verification of existing facilities and conditions,
and potential property or easement acquisitions. Services performed under this task will
be on an as-directed basis in accordance with a written Notice to Proceed from the City
Manager. Each Notice to Proceed issued shall contain the following information and
requirements.
. A detailed description of the work to be undertaken
. A budget establishing the amount of the fee to be paid in accordance with
the Agreement.
. A time established for completion of the work.
PROSC116.BCA:11-01-93
Page 3 of 6
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ASSUMPTIONS
Work described herein is based upon the assumptions listed below. If conditions differ from those
assumed in a manner that will affect schedule or scope of work, CONSULTANT will advise the
CITY in writing of the magnitude of the required adjustments. Changes in completion schedule
or compensation to the CONSULTANT will be as negotiated with the CITY.
1. CITY will provide to CONSULTANT record drawings of all existing facilities which shall
serve as the basis for modifications included in this project.
2. CITY will return to CONSULTANT within 10 working days after receipt from
CONSULTANT, one copy of the predesign layout and of the 50 percent and 80 percent
complete draft contract documents containing all comments to be considered for
incorporation into the final documents.
3. CONSULTANT has assumed that all water and hydrants line alignment is within CITY
rights-of-way.
4. CITY will be responsible for acquisition, surveying, and legal description of easements of
property required for facilities.
5. CITY will observe the construction on a day-to-day basis and will provide the
CONSULTANT with information on a daily basis concerning the progress of the work.
The CITY will give prompt written notice to the CONSULTANT whenever CITY's staff
become aware of any actual or suspected defect in the work of the CONSULTANT. The
CONSULTANT will have the maximum opportunity to mitigate any damages from such
defect.
6. CONSULTANT has not included preparation of operation and maintenance manuals or
startup services in this scope of work.
7. There are no canal, jack and bore, County or highway crossways required.
8. Services during construction are based on a maximum of :3-month construction period.
III. DATA AND SERVICES TO BE PROVIDED E!.Y THE CI"J:r
CITY shall provide Data and other services in accol'dance with Article IV of the Contract. As
additional services, the CITY will provide material aqd soil testing and inspection services as
required to assure compliance with the construction documents. Also, C'TY will utilize the
services of a concrete testing laboratory to perform concrete tests as detailed in the construction
specifications and deemed necessary to CONSULTANT. CONSUJ.... TANT shall not be responsible
for the means, methods and accuracy of material testing subcontractors.
The CITY shall also provide excavation, labor, equipment and materials required to locate the
alignment and elevation of existing underground utilities within the construction areas of this
project.
PROSC116.BCA:11-01-93
Page 4 of 6
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IV. TIME OF PERFORMANCE
The completion dates for this work will be as follows (starting at written Notice to Proceed).
Time per Phase .Cumulative Phase
Phase II - 1 month 1 month
Phase III - 3 months 4 months
Phase V - 3 months 7 months
V. COMPENSATION
The compensation for services provided shall be biHEld on an hourly basis plus reimbursable
expenses for each phase of work in accordance with Article VII, Method II, up to the following not
to exceed cost for each phase.
fees
Phase II - Preliminary Design Phase $ 3,335
Phase III - Final Design Phase 16,565
Phase V - Construction Phase 5,721
Surveying 7,000
Out of Pocket Expenses 1,500
Additional Services (If authorized by City Manager) 10,000
TOTAL $34,121(1)
Notes:
(I) Total design services cost does not include the $10,000 for additional services (if authorized
by City Manager).
PROSC116.BCA:11-01-93
Page 5 of 6
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This Service Authorization is approved contingent upon the CITY'S acceptance of and
satisfaction of the completion of the services rendered in the previous phase whereas
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 be included as part of the
contract without any further notice to proceed.
Approved by:
CITY OF DELRA Y BEACH
Date:
// --
By: t/~
Thomas E. Lynch
Mayor
AlIest: /~ /. 1
,;~_,.',~ " '-1/~ ())-l, ,
Approved as to Legal Witness I
Sufficiency and Form
STATE OF Florida
COUNTY OF Palm Beach
,~d~
f..tJ4sL 1993 by
r or agent, of Hazen
and Sawyer, P.C. (name of corporation acknowledging), a New York (state or place of
incorporation) corporation, on behalf of the corporation. ~/She (is personally known to me) or
has produced identification), Florida Driver's License (type of identification)
(as identification) and (did/did not) take an oath.
~/. t'l O~htJtA\)
ig ature of Person Taking
Acknowledgement
-1-0~; ~. ns~r"'1
Name of Acknowledger Typed,
Printed or Stamped
it'Ji ~iU f'U~U ( S U\ TE OF f U;d l.:f'
~I'\ C I]: ',H I S; j :.' ii Hr JULY '2f. I ~~Q
PROSC116.BCA:11-01-93 2"'IriCiE-D lHr.U EfllJ::RAI. Ir:s. P~\.
Page 6 of 6
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!
MEMORANDUM j
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM :It Clr - MEETING OF NOVEMBER 9. 1993
SERVICE AUTHORIZATION NO. 7/GEE AND JENSON
DATE: November 51 1993
This item is before you to consider a service authorization to the
contract with Gee and Jenson in the amount of $5,600 to provide a
Pre-Hurricane Analysis of various municipal facilities.
This work is to be accomplished in two tasks. Task One consists of a
review of the Civic Center, Pompey Park and Carver Middle School in
order to determine the requirements and costs associated with having
these facilities designated as primary shelters.
Task Two consists of an evaluation of the City Hall Building to
include limited structural overview with regard to wind resistance,
ingress and egress protection, special operations and support, roofing
system, windows, emergency power, fuel, water and sewer.
These evaluations will not include any destructive testing nor will it
entail a detailed structural analysis of the facilities.
This service authorization also provides for the evaluation of the
Fire Station Headquarters, Fire Stations 3, 4 and 5, Police Station,
and Public Works compound. Should the Commission wish to pursue the
review of these facilities a separate budget will be prepared for each
task prior to initiation of services.
Recommend approval of Service Authorization No. 7 to the contract with
Gee and Jenson in the amount of $5 I 600; with funding from General
Construction Fund - Buildings (Account No. 334-6112-519-62.10) and
Miscellaneous Buildings (Account No. 334-6111-519-62.10).
~ 5-0
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Agenda Item No.:
AGENDA REOUES'r
Date: November 1. 1993
Request to be placed on:
~ Regular Agenda
_____ Special Agenda
_____ Workshop Agenda When: November 9. 1993
Description of item (who, what, where, how much) : Staff reauest Commission's
consideration and approval of Service Authorization No. 7 for Gee and Jenson to
perform a Pre-Hurricane Analvsis of various municipal facilities. Work will
include review of the status of three (3) shelters and determine steps necessarv
to desianate these as primarv shelters. These shelters are Delrav civic Center,
Pompey Park Recreation Center and Carver Middle School.
Also. included is an architectural and enaineerina evaluation of the City Hall
buildina. This evaluation will include: wind loads. inaress/earess.
operations. roof system. windows. emeraencv power. water and sewer. Additional
City buildinas may be included in future service authorizations. Fundina will
be as follows: Review of the 3 shelters - 334-6112-519-62.10 - S 1. 100.00.
Evaluation of City Hall 334-6111-519-62.10 - S 4.500.00. Total reauested for
this Service Authorization - S 5.600.00.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends approval of Service Authorization No. 7 for
Gee and Jenson to perform Pre-Hurricane Analvsis of various Municipal
Facilities. $4:f-e~- rfJ ~h~
Department Head Signature:~~
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable)
Bu~et Director Review (required on all items involving expenditure of funds):
~nding available: ~O
Funding alternatives _ (if apPlicable~~~ .
Account No. & Description ~~ fO//~ ~/; b~ /0 ~ C.,.,.s:rlL.;;'",O;" c.P~ '-I ~/Sl)
Account Balance 3'1- bill I h::1 If) G.tv.nn. ~o MiSe. - oS 'tf2.,f)OO
City Manager Review:
Approved for agenda: BNO eM
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
/agend1l9.kt
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DEPARTMENT OF ENVIRONMENTAL SERVICES
MEMORANDUM
TO: DAVID T. HARDEN
CITY MANAGER
FROM: RALPH E. HAYDEN, P.E. ~
CITY ENGINEER '\ t..eJ1
DATE: November 3, 1993
SUBJECT: PRE-HURRICANE ANALYSIS OF VARIOUS MUNICIPAL FACILITIES
SERVICE AUTHORIZATION NO 2 GEE , JENSON, PROJECT 94-39
--------------~----------------------------------------------------
Attached is an agenda request and backup information for Gee &
Jenson to perform a pre-hurricane analysis of various municipal
facilities. This work is to be accomplished in two tasks as
follows:
Task One - The Consultant will review the status of the
Delray Civic Center, Pompey Park Recreation Center, and
the Carver Middle School and outline the requirements to
have these facilities designated as primary shelters.
The Consultant will act as liaison with the American Red
Cross and prepare an estimate of probable cost for
modifications.
Task Two - The Consultant will perform an evaluation on
the City Hall Building. This evaluation will include a
limited structural overview with regard to wind
resistance, ingress and egress protection, special
operations and support consideration, integrity of the
roof system and windows, emergency power, fuel, water and
sewer. Other City buildings may be added on subsequent
service authorizations.
1 of 2
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The cost of this work is $ 1,100.00 for Task One and will be
completed within 10 days of authorization and $ 4,500.00 for Task
Two and will be completed within 14 days of authorization.
Funding will be as follows:
Task One:
Building R & R 334-6112-519-62.10 $ 1,100.00
Task Two
City Hall Hurricane
Shutters 334-6111-519-62.10 4.500.00
TOTAL $ 5,600.00
Please place this service authorization before City Commission on
November 9, 1993 at their regular meeting.
RH: kt
File: 94-39 (A)
Memos to City Manager
RHDH9439.kt
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CONSUL liNG SERVICES AUTHORIZATION
Date:
S.rvloe Authorization No. 07 for ConeaulUng Servloelll
City P.O. No. City E)(penH Cod. ~
TItle: PRE-HUARICANE ANALYSIS OF VARIOUS MUNICIPAL FACILITIES
'l'hla 8tlrv1M Authotlzallon, w'*' .x.olMd, .hall bIlnOorpotatMIIn ~ .""11 MooIM an 1n'~1'I1 part or ,... 00f'l".0t.
I. PROJECT DESCRIPTION
THE PROJECT SERVICES CONSIST OF PRE-HURRICANE ANALYSIS FOR lHE FOllOWING SElECTED DELRA Y
BEACH MUNICIPAL FACILITIES:
NOTEI
NO DESTRUCTIVE TESTING IS INCLUDED - A DETAILEO STRUCTURAL ANALYSIS IS NOT PART OF THIS,
INITIAL PHASE.
THE SCOPE OF WORK IS TO BE IMPLEMENTED IN PHASES AS SET FORTH BY THIS AGREEMENT AND SY
SERVICE AUTHORIZATIONS, WHICH ARE A1TACHED HERETO AND MADE A PART HEREOF. AND AS ALSO
MAYBE AODED AS APPROVED BY THE CITY FROM l1ME TO TIME.
II. SCOPE OF SERVICES:
Taek 1 - Serve 8e engineering liaIson with the City o' Delray Beaoh etaff In me.Ung with the AmerloM Red
Cr088 to review the statue of three (3) ahelte,. and to determine tM atePG neoeasary to de.lgnat. theM
.he"er. as primary shelters. Th$ three (3) shelle,. to ~ ,evlewed are the Oelray Beaoh Clvlo Center,
Pompey Park Recreation Center, <<.rid the Carver Middle School. A lettsr r~port will be prepared outlining
requirements Inoludlng order of magnitude eatlmat.. o' probable co"al1uotlon ooats.
Taak 2 . Prepare a pre-hurtlcane analysIs o' .elected munlolpal facllltle. for the City of D,lray Beach Includlr'l9
an architeotural and engineering evaluBUon summ<<ulzed tn a letter report formal Including: limited structural
OVf)/V19W with TGgard to wind r9s/stance, Ingress and Egr(l.' protection, ,pec/al op9rationa1 and support
conslder/d/oll8, Integrity of rlls roof sYfltem and window protect/on need" em(It(}9ncy poW6r and fuel supply,
warer Md 8Bwer .y.rems, and rh9 sl.Iltabl/lly of thtl facility for ("ora~ of lKfuipment during It hunican.. Thla
evaluation will not Inolude any de.tructlve testing nor will " entail a detailed struotural Malysl. of th" f8cllltle'.
The evaluation wllllnolude M Initial meelinQ with City staff to diseuse facilities, priorities 01 use during storm.,
and a review of relevt'urt prior studlea and repot\$, and wllllnolude .Ite vlslta to each sU.. The engIneering
evalulltlon I. limited to vl.ual obeelVatlon 01 the oonditlon ftIld the levela of malntenanoe of the faollltle8. The
letter reporl will btI presented 10 .\aft and to the City Commls8lon In 8ummary form. The following key
munlolpal euppol1 faollltl.. will ~ evaluated:
". City Hall Building
b. New Fire Station
o. Ar. StaUone 3, 4, & 6
d. Police Station (Cutrent Emergency Operations Center)
e. Publlo Works Oompound
1- Delray Beaoh Clvlo Cent., (Shelter)
g. Pompey Park Reoreation Cenler
.
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Budget:
ror task No.1, Red Cross sh.lter orlt.rla .valuatlQn .nd hlltter r.pott, the OOrl$Ultflrlt shall b. paid a lump 8um
f..e of $1,100.00.
For aubtask No.2.., City Hall Building pre.hurrloane analysl. the oOr\$ultllnt $haU b4iI paid" lump $um fe. of
$4,500.00.
For eubtuk No. 2b. ttwough 2g, eo eeparate budget wlll ~ prepared for eaoh 8ubte.sk prior to Initiation of
services. Authorl2:atlon of multlple 8ubbUIM to evaluate additional bulldlnga would reflect a reduced fee per
8ubtaak to refleot thel.oooomy 01 aooompl\ahlng Mveral aubtaaka oonounently.
Sohedule -
Task No.1 of the scope of eervloee will be oompleted within ten (10) days of authorization. SubTaak No. 2a.
of tho ICOpe of Hrvlces will be oompleted within four1~en (14) days of authoriz.-t1on. A detallod schodule for
Subtaeka 2b through 2g will be submitted with the Budge. for the r..peotlve Sublaska.
This eervloe authorlJ.Qtlon IB approved oontlngent upon the Clty's acceptance of and Mtlsfactlon with the completion
of the "!VIce. rendered In the previous phase or as enoompaslled by the previous oervloe authorization. If the City
In It. sole dleoretlon Ie un&atlefled with the nrvloea provided In the previous phase or 88rvlOft Buthorlz.a\lon, the City
may t.rmlnate It... oontraot without Incurring any fut1hl)r liability. The CONSULTANT may not commenoe work on any
8e!Vloe authorization flpproved b)' the CI\}I \0 . Inoluded a& part of \h. oon\1ao\ wIthout a tul1h.r notloe \0 prooeed.
Approved by:
CITY OF DELRAY BEACH: CONSULTANT: ( Gee & Jenson E.A.P. Inc,)
Date Date
ThOma. E. Lynch By:
Rupell C. D8vlok, Senior Vloe Pr.eld.nt
Mayor (Seal)
Wltn...
Wltne..
Atteat: . Att.st:
Approved Cl$ to Legal Suffiolency and Form
STATE OF
COUNTY OF
The foregoing Instrument was aoknowledged before me this day of .10_
by ----....--.-.---....--- __ (name of oUilJer or agttnt, titl. of offioer or agent), ot
(n8Jlle of oCltporatlon aoknowledglng). a (9tale or place of Inoorporatlon) oCltporatlon, on beha"
of \he oorporatlon. H&lShe I. (p.raonally known to me) or (has produoed Identllloatlon) (tyPe of
ldentlfloatlon) and (did/did not) take an oath.
Slgnatur. of Person Taking Acknowledgment
Name of Ad\nowledger Typed. Printed Of' S~mped
.
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM ~ q:J - MEETING OF NOVEMBER 9. 1993
SERVICE AUTHORIZATION NO. 11/CH2M HILL
DATE: November 5, 1993
This item is before you to approve a service authorization to the
contract with CH2M Hill in the amount of $168,781 for engineering
services in conjunction with the Morikami Park Wellfield and the
associated raw water main extension.
Under this authorization the consultant will prepare contract
documents, including technical specifications and engineering drawings
suitable for the construction and testing of three production wells
at Morikami Park. A separate set of contract documents will be
prepared for the approximately 1. 25 miles of 24-inch pipeline from
Morikami Park to Linton Boulevard. Construction administration and
startup services are also included in this authorization.
Recommend approval of Service Authorization No. 11 to the contract
wi th CH2M Hill in the amount of $168,781 for engineering services in
conjunction with the Morikami Park Wellfield and the associated raw
water main extension.
~ 5-()
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. ~o-f.
MEMORANDUM
TO: David T. Harden,
City Manager
FROM: Richard C. Hasko, P.E.,
Deputy Director Public utilities
SUBJECT: SERVICE AUTHORIZATION NO. 11 - CH2M HILL
MORIKAMI PARK WELLFIELD & RAW WATER MAIN;
PROJECT NO. 94-001
DATE: November 5, 1993
Attached is an agenda request with a copy of Service Authorization No.
11 for CH2M Hill in the total amount of $168,781.00 for engineering
services in conjunction with the development of the Morikami Park
Wellfield, and associated raw water main.
Services for the Morikami Wellfield include preliminary study,
engineering design, permitting and bidding services for the construction
of three (3) wells at the Morikami Park Wellfield and approximately
7,000 feet of 24" raw water main from the well sites to Jog/Carter Road
and northerly to a connection point at Linton Blvd. to the 24" main
under construction with Palm Beach County's Linton Blvd. Road Project
between Jog Road and Military Trail. CH2M Hill will provide
construction administration services for the well construction, while
City Staff will perform that function for the raw water main extension.
The funding source for this project is account #440-5179-536-63.61, 1993
Water and Sewer Bond.
~s~~
RCH:jaf
cc: William H. Greenwood, Director of Environmental Services
Ralph Hayden, P.E. City Engineer
Donald Haley, Superintendent of Water Treatment Plant
File: Memos to City Manager
Project No. 94-00l(D)
CC Agenda Packet 10/26/93
a:rhsal1.doc
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Agenda Item No.:
AGENDA REQUEST
Date: November 5, 1993
Request to be placed on:
__X__ Regular Agenda
_____ Special Agenda
_____ Workshop Agenda When: November 9, 1993
Description of item (who, what, where, how much): Staff requests Commission
approval of Service Authorization #11 for CH2M Hill in the total amount of
$168,781.00 for consulting services in conjunction with project number 94-001,
development of three (3) wells at the Morikami Park Wellfield and extension of
approximately 7,000' of 24" raw water main from the wells, along Jog/carter
Road, to a connection point at Linton Blvd. Services include
design/permitting/construction and testing services, with City Staff doing
construction administration on water main. Funding source is 1993 Water and
Sewer Bond, Account #440-5179-536-63.61.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends approval of Service Authorization #11 for CH2M
Hill.
Department Head ~~~(js-1r3 ~
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: ~O
, Funding alternatives (if apPlicabl~
~ Account No. & Descr~tion 9~:g CAlis. ~,.J{)"'T MO^J~ p/'t),..j:.
Account Balance 2-, 3 'f-'f;,oo (')
City Manager Review:
Approved for agenda: YES/NO
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
a: agensa11. doc
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CH2M HILL
SERVICE AUTHORIZATION _
DATE: October 13. 1993
PAGE 1 OF 13
Service Authorization No. 11 to the Agreement to Furnish
Professional Services Dated July 11, 1990, Between
the City of Delray Beach, Florida, and
CH2M IllLL Southeast, Inc.
Title: Design, Permitting, Construction, and Testing of a New Well field at Morikami
Park
Category of Work: Professional Engineering Services
General:
This SERVICE AUTHORIZATION will modify the professional services agreement
referenced above and will become part of that AGREEMENT as if written there in full.
Changes in the indicated Scope of Services will be subject to renegotiation and imple-
mented through an Amendment to this agreement. This SERVICE AUTHORIZATION is
for Design and Permitting, Construction and Testing of a New Wellfield and pipeline at
Palm Beach County's Morikami Park.
Introduction
The City has fIled an application for modification of its Water Use Permit (WUP) with
the South Florida Water Management District (SFWMD) for constructing a new shallow
aquifer wellfield in the area of the County's Morikami Park to supply approximately
15.9 million gallons per day (mgd) of raw water. Ultimately the wellfield will consist of
eleven 12-inch-diameter production wells constructed to depths of approximately 160 feet,
with capacities of approximately 1,000 gallons per minute (gpm). Negotiations with the
County have been completed, and pending SFWMD approval of the WUP, subsequent
construction and testing of three new production wells will commence. Drilling and
construction of the remaining wells will be conducted in FY 1995 and beyond. Also, an
agreement has been reached between the CITY and County to provide untreated ground-
water to the park's internal lake system to mainta.in water levels at the same elevation as
the surrounding Lake Worth Drainage District (L WDD) L-2-1I2 canal.
DFBlOO1307C.WP5
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CH2M HILL
SERVICE AUTHORIZATION -
DATE: October 13. 1993
PAGE 2 OF 13
Permitting of the proposed Morikami Well field by SFWMD can be enhanced by incor-
porating ASR as part of the City's water supply system. The SFWMD recognizes ASR
as a valuable water management tool, and by linking it with the design, permitting, and
construction of Morikami, the City will be able to demonstrate to SFWMD its commit-
ment to responsible water resource management. ASR will also permit the City more
flexibility in the operation of its water supply system during periods of drought, or even
typical annual dry season conditions, and delay the construction of additional wells in
Morikami Park.
In particular, ASR, coupled with a new well field in Morikami Park can provide the
following benefits:
. Provide additional potable water storage for hurricane preparedness.
. Reduce the stress on the surficial water-table aquifer, the City's source for
raw water, thereby minimizing long-term impacts, including saltwater
intrusion, on groundwater resources. This would be accomplished by
reducing the pumpage from the City's eastern wellfields and increased
reliance on water from an ASR well.
. Expand the useful capacity of the existing WTP by meeting seasonal peak
demands with storage from ASR well(s).
. Reduce the impacts on the LWDD Canal System by reducing surficial
aquifer withdrawals during periods of minimal rainfall and reduced
discharges from Lake Okeechobee.
. Delay construction of additional wells in Morikami Park for up to at least
5 years.
The proposed approach for this project is to design, permit, and construct the new
wellfield and the pipeline separately. A separate set of Contract Documents will be
prepared for the pipeline from Morikami Park to the intersection of Carter Road and
Linton Boulevard. This approach will benefit the City by allowing the City to Bid and
award the pipeline under a separate set of Contract Documents to provide greater oppor-
tunities for pipeline contractors to bid on the work, thereby promoting more competitive
quotes. The ASR well and pipeline would be subsequently bid, following the design and
permitting of the Morikami Park wellfield and pipeline.
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CH2M HILL
SERVICE AUTHORIZATION _
DATE: October 13. 1993
PAGE 3 OF 13
This Serivce Authorization only covers the professional engineering services related to the
Morikami Park wellfield and pipeline. Work associated with an ASR facility will be
authorized under a separate service authorization.
I. Services to be Provided by the Consultant
A. Description of Work Tasks
Morikami Park Wellfleld and Pipeline
CONSULTANT will provide specific services to the CITY in accordance with the
following Task descriptions.
Task I-Design, Pennitting and Bidding. CONSULTANT will chair a kick-off
meeting with the City to discuss and fmalize details for the design of a new surficial
aquifer wellfield at Morikami Park. The meeting will be held in the offices of the CITY.
Meeting minutes will be prepared and six copies will be distributed by the
CONSULTANT.
CONSULTANT will prepare Contract Documents, including technical specifications and
engineering drawings suitable for the construction and testing of a new wellfield at
Morikami Park. A separate set of Contract Documents will be prepared for the approxi-
mately 1.25 miles of 24-inch pipeline from Morikami Park to Linton Boulevard. The
pipeline from the Linton Boulevard-Carter Road intersection to the connection at the
City's Golf Course Wellfield is currently being constructed under a contract with Palm
Beach County. Both sets of Contract Documents shall include design and specification of
necessary system components and appurtenances necessary to construct, test, certify and
operate the wellfield pipeline in accordance with City of Delray Beach requirements.
Both sets of Contract Documents will include the following sections which will follow the
format of those previously prepared for the CITY by the CONSULTANT:
. Bidding Requirements
. Contract Forms
. Conditions of the Contract
. Technical Specifications
. Drawings (estimated 12 sheets)
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DATE: October 13. 1993
PAGE 4 OF 13
The first three sections will be provided by the CITY, but will be modified for this
specific contract by the CONSULTANT. Technical specifications and drawings will be
prepared by the CONSULTANT. The technical specifications will include sections
related to well drilling, construction, testing, piping and wellhead appurtenances, instru-
mentation and control, emergency generator and fuel facilities, and startup for the
wellfield in Morikami Park. A separate set of Contract Documents will be prepared for
the 24-inch pipeline from Morikami Park to the intersection of Carter Road and Linton
Boulevard.
During the preparation of the Contract Documents, the CONSULTANT will conduct site
visits to Morikami Park as necessary to acquire information on the proposed locations of
the wells, piping, instrumentation and control, and other specific site information as well
as to confirm locations previously identified following preliminary drawing preparation.
Site visits will be coordinated with CITY staff and with the County Park's Department.
CONSULTANT will conduct a site survey at the Morikami Park well field and pipeline
route. On the basis of the survey, CONSULTANT will prepare legal descriptions for
acquisition of necessary easements and will provide topography and surface elevations, as
well as the locations of subsurface utilities known at the time of the survey. The survey
will be conducted in accordance with the City's requirements for fmal survey documents.
The CONSULTANT will conduct a geotechnical investigation along the path of the
pipeline to verify subsurface conditions. The number of borings is estimated at three, but
may be modified based on available information from County as part of their nearby road
widening project. Two will be installed next to the LWDD canal crossing locations and
one within the Morikami Park.
CONSULTANT will design the wellfield at Morikami to include three production wells,
manifold piping, pumps, motors, and wellhead appurtenances. Design of the wells will
be similar to those in the City's Golf Course Well field and replacement well PW-4A.
Auxiliary generator with fuel storage tank, monitor wells and telemetry system and other
appropriate facilities will be designed as directed by the City.
CONSULTANT will coordinate with Florida Power and Light (FPL) to secure easements
for the necessary power drops to the wellfield. Also, the CONSULTANT will coordinate
location and design of the well and generator enclosures with appropriate County staff.
CONSULTANT will design and prepare a set of Contract Documents for the construction
of a 24-inch pipeline from proposed welllocatiolls to the intersection of Carter Road and
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CH2M HILL
SERVICE AUTHORIZATION _
DATE: October 13. 1993
PAGE 5 OF 13
Linton Boulevard. Provisions will be made for a connection between the new pipeline
and the 24-inch pipeline being installed as part of the County's widening of Linton
Boulevard and Carter Road.
CONSULTANT will prepare an engineer's construction estimate for both the pipeline and
the wells based on the completed documents. The definitive estimate, as defined by the
American Association of Cost Engineers, will be based on the unit and ) ump sum prices
presented in the proposal, and on similar work re<;ently conducted by CONSULTANT.
CONSULTANT will provide the City with six copies of each set of the Contract Docu-
ments for review and comments. CITY will revk~w within 3 weeks of receipt of the
documents. CONSULTANT will arrange a review meeting with the Crry staff to
discuss comments and make plans for finalizing the documents. The crry's Risk
Assessment Department will be contacted with regard to the necessary insurance
requirements for the final Contract Documents.
CONSULTANT will meet as appropriate with the CITY on an approximately monthly
basis to discuss project progress and status, draft and fmal deliverables, schedule, and
estimated contractor costs.
CONSULTANT will prepare applications and such documents and incorporate design
data as may be required for the CITY to apply for approvals from SFWMD (modifica-
tions to water use permit), and Florida Department of Environmental Protection (FDEP),
formerly FDER and FDNR, through Palm Beach County Health Unit (PBCHU), LWDD
(pipeline and crossing), and Palm Beach County Engineering (right-of-way permits).
CONSULTANT will participate in meetings as required with each regulatory agency
listed above. CONSULTANT will respond to requests for additional information from
each agency listed above as required.
The CONSULTANT will advise the CITY as to the costs of the permit fees. The CITY
will then be responsible for preparing a check for the appropriate amount for submission
with the permit applications.
CONSULTANT will process the final permits received from each agency, review the
specific conditions, and advise the City.
Upon completion of the Contract Documents and receipt of permits, the CONSULTANT
will prepare sufficient copies of each set of the final Contract Documents for subsequent
bidding by the interested Contractors. The CONSULTANT will assist the CITY with
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SERVICE AUTHORIZATION _
DATE: October 13. 1993
PAGE 6 OF 13
solicitation of local qualified potential bidders. The CONSULTANT will charge a fee to
the interested contractors for the reproduction of the Contract Documents.
The CONSULTANT will also provide the following services during bidding: conducting
one pre-bid conference, inviting interested contractors through public notice, conducting a
site walk-through, preparing a conference summary, answering questions from the con-
tractors, issuing addenda to the Contract Documents as necessary, attending the bid
opening, tabulating the bids of the responsive bidders and assessing their submitted
qualifications, and providing a recommendation for Contractor selection to the CITY. A
Notice of Tentative A ward will be issued to the successful, responsive, responsible bidder
for each set of bid documents.
CONSULTANT will prepare six conformed sets of Contract Documents for execution by
the awarded Contractor(s) and review the executed Contract Documents and bonds before
forwarding to the CITY for final execution.
Upon fmal execution of the Contract Documents between the CITY and the selected
contractors, the CONSULTANT will schedule two preconstruction meetings with the
selected Contractors and the CITY. The purpose of the meetings is to outline responsi-
bilities of the CITY, the Contractors and the CONSULTANT during the subsequent drill-
ing and construction of the Morikami Park Wellfields, and the raw water pipeline. Both
preconstruction conferences will be held in the Environmental Services Office of the
CITY.
Task 2-Services During Construction-Morikami Park Wellfield. CONSULTANT
will review Contractor's applications for payment and accompanying data, determine the
amounts owing to Contractor, and recommend in writing payments due the Contractor.
CONSULTANT'S recommendation of any payment requested in an application for
payment will constitute a representation by CONSULTANT to the CITY, based on
CONSULTANT'S onsite observations of the work in progress as an experienced and
qualified design professional and on CONSULTANT'S review of the application for
payment and the accompanying data and schedules that the work has progressed to the
point indicated; that, to the best of CONSULTANT'S knowledge, information and belief,
the quality of the work is in accordance with the construction Contract Documents
(subject to an evaluation of the work upon substantial completion, to the results of any
subsequent tests called for in the construction Contract Documents and any qualifications
stated in the recommendation).
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DATE: October 13. 1993
PAGE 7 OF 13
CONSULTANT will review and process shop drawings, equipment manufacturers'
operation/maintenance manuals and any other data which contractor is required to submit.
The review will be for conformance with the design concept and compliance with the
information given in the construction Contract Documents. CONSULTANT has
authority to determine acceptability of materials and equipment proposed by the
Contractor, but may require concurrence from the CITY on some submittals.
Design changes resulting from construction conflicts or necessary to accommodate
existing site conditions for work within the scope defined herein shall be included in the
CONSULTANT scope of services.
CONSULTANT will issue necessary technical interpretations and clarifications of the
construction Contract Documents and prepare change orders as necessary from each Con-
tractor due to unforeseen conditions. CONSULTANT will negotiate time and cost
changes with Contractor and prepare change orders on standard CITY forms. No
revisions in design due to changes requested by the CITY or CONTRACTOR are
included in these scope of services, nor extensions of the original work which require
additional design and hence record drawing preparation. CONSULTANT will act as
initial interpreter of the technical requirements of the construction Contract Documents,
judge the acceptability of the work therein, and make recommendations on claims of
Contractor. CONSULTANT will make all technical interpretations consistent with the
intent of and reasonably inferable from the construction Conll'act Documents.
CONSULTANT will issue field orders as necessary, and work change directives as
authorized by the CITY.
CONSULTANT will prepare record drawings of the work completed and the required
FDEP certification. Certifications for construction will be limited to the scope of ser-
vices performed by the CONSULTANT and will be in conformance with the rules of the
Department of Professional Regulation, Board of Engineer Examiners.
CONSULTANT will prepare and distribute to the CITY five sets of 11 x 17 prints, five
sets of full-size prints, and one set each of half-size and full-size mylar reproducible
record drawings showing those changes made during construction, based on the marked-
up drawings and other data furnished by Contractor to CONSULTANT. The marked-up
drawings will be maintained in the field by the CONSULTANT.
Task 3 - Resident Engineering and Observation - Morikami Park Wellfield. The
CONSULTANT will examine the project sites at intervals appropriate to the various
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CH2M HILL
SERVICE AUTHORIZATION _
DATE: .-!)ctober 13. 1993
PAGE _-L- OF 13
stages of construction to observe the progress and quality of work to determine if the
work is proceeding in accordance with the Contrn.~t Documents. For the purpose of well
drilling activities, construction activities will be observed on an as-performed basis by the
onsite project representative, who will be experienced with this type of construction. Site
visits will be restricted to visits by project staff experienced in specific testing and
monitoring functions and will be provided at certain critical intervals during drilling and
testing. During these visits and on the basis of on site observations plus reports from the
resident project representatives and submittal reviews, CONSULTANT will inform the
CITY as to the progress of the work and identify when the work should be disapproved
or rejected as failing to conform with the Contract Documents.
CONSULTANT will conduct resident engineering and part-time resident observation
during the construction of the Morikami Park wellfield. Total construction time is
estimated at 16 weeks, with 20 hours per week of resident observation allocated, for an
estimated 320 hours.
CONSULTANT will conduct geophysical logging on the pilot holes for one of the three
wells. Geophysical logging shall include the long- and short-normal electric, caliper,
fluid resistivity, and gamma ray logs. CONSULTANT will examine drill cuttings, and
based on the cuttings, the geophysical logs, and grain-size analyses conducted by the
Contractor, recommend well casing and screen settings. Recommendations will also be
made for gravel pack, if necessary .
CONSULTANT will observe and record data during pumping tests conducted on each of
the three wells. Pumping tests are assumed to last 1 day per well. CONSULTANT will
analyze the pumping test data and make recommendation for pump and motor sizing to be
provided to the CITY for consideration, and eventual submission to the Contractor.
CONSULTANT will observe construction of the pipeline and well appurtenances within
the park property. Also, occasional resident observation of electrical, RTU, and
generator installation will be performed.
A Substantial Completion inspection will be conducted by the CONSULTANT, along
with the Contractor, and the CITY, and a punch list of deficient items prepared and
issued to the Contractor. CONSULTANT will also conduct a final inspection with the
Contractor and City. Based on the results of the inspections, CONSULTANT will
recommend to the CITY release and payment of the contract retainage.
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CH2M HILL
SERVICE AUTHORIZATION -
DATE: October 13. 1993
PAGE 9 OF 13
CONSULTANT will issue a Notice of Intent to FDEP and certificate of completion to
PBCHU to operate the wells upon completion of both the wells and the pipeline
authorized under a separate contract.
Task 4-Startup and Performance Testing. CONSULTANT will verify that operating
and maintenance procedures and operator assistance prior to start-up and substantial com-
pletion are conducted by Contractor as required by the construction Contract Documents.
The CONSULTANT shall, in the presence of required personnel, observe, record, and
report appropriate details relative to the test procedures and start-ups.
CONSULTANT will witness major onsite equipment testing. CONSULTANT will
provide the FDEP certificate that construction is completed in accordance with
construction Contract Documents.
CONSULTANT will assist the CITY in resolving start-up problems. Start-up services
will be provided at the times and durations requested by the CITY. CONSULTANT will
have the Contractor schedule manufacturers' representatives to assist CITY personnel and
submit the schedule to the CITY for review and approval. If startup problems are
deemed the responsibility of the Contractor and cause delays and additional engineering
services, the Contractor will be responsible for reimbursing the CITY for costs associated
with the delays and additional engineering.
B. Additional Services
If requested by the CITY, CONSULTANT will provide other additional services beyond
the scope as authorized by the City Manager under the budgeted contingency. Additional
services may include, but are not limited to, the following:
. Claims reduction and preparation for litigation involving the Contractor or
third party, in connection with this project.
. Providing additional copies of approved drawings, specifications, and
Contract Documents for bidding and construction.
. Furnishing personnel and equipment to perform bacteriological, chemical,
mechanical, or other testing.
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CH2M HILL
SERVICE AUTIlORlZATION _
DATE: October 13. 1993
PAGE 10 OF 13
c. Assumptions
The work described herein is based upon the assumptions listed below. If conditions
differ from those assumed in a manner that will affect schedule or scope of work, the
CONSULTANT will advise the CITY in writing of the magnitude of the required adjust-
ments. Changes in completion schedule or compensation to the CONSULTANT will be
negotiated with the CITY.
. CONSULTANT will provide at completion of project, computer hardware
and software specifically used for this project, with capabilities to allow the
CITY to plan, update, and modify its raw water system configuration
including wellfields and raw water pipelines.
. There will be one set of Contract Documents for the Morikami Park
wellfield, one set for the Morikami Wellfield pipeline~ anB 8fte ~rJlole set.
fQT tho A C'R ..-:ID'aL~
. The bidding phases of the project will be completed within 60 days of
advertisement.
. The construction phases of the pr~iect are estimated to be completed within
the following calendar days from Contractor's Notice to Proceed:
- Morikami Well field -120 days
- Raw Water Pipeline-140 days
. On site inspection by the CONSULTANT is required only during those
periods when the Contractor's personnel are actively engaged in
construction activities on the job site.
. City staff will conduct all services during construction during pipeline
installation, including resident observation and professional certification of
drawings following completion.
During the progress of the project the CITY will provide the following:
. Access to the sites
. CITY personnel familiar with the sites
. Information on the location of utilities at the sites
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CH2M HILL
SERVICE AUTHORIZATION _
DATE: _October 13. 1993
PAGE _11- OF 13
. Easements
. Permit application fee payment
. Day-to-day observation of pipeline construction
. Contacts with Palm Beach County Parks Department and payment of fees
associated with easements and mitigation.
D. Deliverables
The appropriate number of major deliverables, as outlined in the contract between the
CITY and the CONSULTANT dated July 11, 1990, will be submitted by the
CONSULTANT to the CITY.
II. Compensation to the Consultant
Compensation for professional consulting engineering services as described herein is
estimated as follows:
Labor Expenses Total
.......... .-, ........... ....... ..". ,.... -.. ,..... ..... ,- ....,....."..... ..... ,.. ................. .", ...... ....... ....,. .. ,. ..... ... ". ...... "'" .. .. ."..
!i!:i!!i,,!,:::::!!!!::,':i::i:ilili:,'l::!i!i~liiii::iiillliiillilili.illii:ii:::l':::::,'i:,':..'\::':':j:::j:::!1::;;,:'I::':::;::::il:[::I::l[.:1
Task I-Design, Permitting, and Bidding $ 75,802 $21,205 $ 97,007
Task 2 -Services During Construction 15,155 1,797 16,952
Task 3 - Resident Engineering & Observation- 40,504 8,232 48,736
Wellfield
Task 4 -Startup Services 5,254 832 6,086
Totals $136,715 $32,066 $168,781
Contingency -- - $15,000
Compensation for services will be in accordance with Article VII.A.2 of the
AGREEMENT. Exhibit A attached presents a breakdown of the labor and expense
charges per the Agreement. The contingency is for minor scope changes directed by the
CITY, but requires City Manager approval prior to authorization of the additional
funding.
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CH2M HILL
SERVICE AUTHORIZATION _
DATE: October 13. 1993
PAGE 12 OF 13
III. Project Schedule
The CONSULTANT agrees to perform the services described herein within the following
estimated time periods unless otherwise extended in writing by the CITY. Time as stated
herein refers to weeks from the date of execution of the SERVICE AUTHORIZATION.
Time of
Completion.
Task No. (Weeks)
Morikami Park Wellfield and Pipeline
Task 1- Design, Permitting and Bidding 32
Task 2 - Services During Construction 20
Task 3 - Resident Engineering and Observation - Morikami Wellfield 17
Task 4-Startup Services (following completion of pipeline) 2
a Time of completion in weeks is based upon the CONSULTANT receiving a written
fully executed SERVICE AUTHORIZATION.
Task 1 will begin upon the CONSULTANT's receipt of a written fully executed
SERVICE AUTHORIZATION.
APPROVED BY THE CITY CONSULTANT
OF DELRA Y BEACH CH2M HILL SOUTHEAST, INC.
_ day of ,19_ By:
John Curtiss, P.E.
Vice President and
Manager South Florida Operations
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CH2M HILL
SERVICE AUTHORIZATION -
DATE: October 13. 1993
PAGE 13 OF 13
CITY OF DELRA Y BEACH, a
Municipal Corporation of
the State of Florida ATIEST:
By: BEFORE ME, the foregoing instrument,
Mayor this _ day of ,19 ,was
acknowledged by John F. Curtiss, Vice
President and Manager South Florida
ATIEST: Operations, a duly authorized officer of
CH2M HILL, INC., on behalf of the
Corporation and said person executed
By: the same freely and voluntarily
City Clerk for the purpose therein expressed.
APPROVED AS TO FORM:
By: WiTNESS my hand and seal in the
City Attorney County and State aforesaid this _ day
of ,19_.
Notary Public
State of Florida
My Commission Expires:
(Seal)
DFBlOO1307C.WPS
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MEMORANDUM
TO: City Conunission
THRU: Barbara Garito, Acting City Clerk
FROM: Anita Barba, Executive Assistant
.
SUBJECT: APPOINTMENT OF AN ALTERNATE MEMBER TO THE CIVIL SERVICE BOARD
DATE: November 2, 1993
With the resignation of Armand Mouw as an alternate member to the Civil
Service Board, a vacancy has been created for an alternate member to a term
ending July 1, 1994.
According to the Civil Service Act, there are to be five (5) regular members
on the Civil Service Board; three (3) of which are to be of different
vocations or vocational backgrounds, not employed by the City in any
capacity, official or otherwise and appointed by the City Conunission. In
addition, the Act provides for two (2) alternate members to the Board. A
person need not be a resident, property owner or business owner within the
City.
The following persons have submitted applications and have been contacted to
verify continued interest:
Donald Allgrove Sally Antonelli
Norma Bannoura Harvey L. Brown, Jr.
David Cohen Marta Dorfman
Herbert Freese Melvin Hirth
Murray Kalish Lorraine Kasper
Leo Koppman Rosalind Murray
Murray Sohmer Ben Stackhouse
Horace Waldman Donald Zinunerman
Pursuant to Conunission direction, a check for possible code violations and
municipal liens was conducted. Mrs. Bannoura has one (1) outstanding
violation for non-conforming landscaping. A copy is attached to her
application.
Based upon the rotation system, the appointment will be made by Conunissioner
Barbara Smith (Seat #1). ~)!~,~'
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September 29, 1993
Mayor and City Commissioners
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, FL 33444
Dear Mayor Lynch and City Commissioners:
Due to my recent appointment to the Public Employees Relations
Commission, I submit my resignation from the Civil Service Board
effective this date.
r have enjoyed my service on the board.
maod ~fL--
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CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
NAME HARVEY 1. BROWN JR.
4575 PINE TREE DRIVE. BOYNTON BEACH. Fl 33436
HOME ADDRESS (Street. City. Zip Code)' (LEGAL RESIDENCE)
64 NE 5TH AVENUE. DElRAY BEACH. Fl 33483
PRINCIPAL BUSINESS ADDRESS (Street. City. Zip Code) .
HOME PHONE 731-3431 BUSINESS PHONE 276-0369
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING CIVIL SERVICE BOARD.
LIST ALL CITY,BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates)
NO PRIOR CITY BOARDS
EDUCATIONAL QUALIFICATIONS B.S.B.A. UNIVERSITY OF flORIDA 1983.
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD
GIVE YOUR PRESENT. OR MOST RECENT EMPLOYER. AND POSITION VICE-PRESIDENT. HARVEY
1. BRmm AGENCY. INC. , DElRAY BEACH, Fl
DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS
BOARD
BUSINESS OWNER, PROPERTY OWNER, lIFETIME RESIDENT OF DElRAY BEACH AS WELl AS
.
DIRECTOR ON THE BOARDS OF THE DElRAY B8ACH PUBLIC lIBRARY, DElRAY BEACH PLAYHOUSE, DEl-
PAC, AND DElRAY BEACH NOONTIME KTI{ANIS ClUB (PAST PRESIDENT OF PLAYHOUSE AND KIWANIS).
PLEASE ATTACH A BRIEF RESUME.
I HEREB CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND"
UNDERST THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA-
TION Y CAUSE FORFEITU E UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE.
.J
~1)
ATE 4/90
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER '/J1v'\
SUBJECT: AGENDA ITEM ~ 9N - MEETING OF NOVEMBER 9. 1993 i
AUTHORIZATION TO SUBMIT SETTLEMENT DEMAND/AERO-DRI CASE
DATE: November 9, 1993
I
This item is before you to authorize the City Attorney's office to
submit a settlement demand to Mutual Fire and Marine Insurance
Company. This company carries an excess policy in the amount of
$500,000 on Aero-Dri. We have been notified that Mutual Fire is in
receivership and attempting to wind-up liquidation procedures. They
have indicated that if the City were to make an immediate demand, they
would support settlement up to $250,000. Typically, insurance
carriers in receivership pay ten cents on the dollar to dispose of
claims.
Attorney Steven R. Berger, our outside counsel for the Aero-Dri case,
recommends that the City make a demand for $300,000.
Recommend the City Attorney's office be authorized to submit a
settlement demand to Mutual Fire and Marine Insurance Company.
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LAW On'ICE$
WOLPE, LEIBOWITZ, BERGER & BROTMAN
SUITE S.1!O . BI5CAYNE BUILDING
19 wt!:ST "'LAGLER STREET
STEVEN "', SEJ!lGl!:FI .. MIAMI, FLORI:DA :3:31::30 'l'1;"E"'HONE (305) ~72-00eo
MARC C. eFlOTMAN · ".CSIMILE (305) ~:"l- 82:52
.JEF'F'REY R CREASMAN -
MARl< .... 1.l!:1150WITZ · PAMELA';, BEZARK
L-t:.c;.A'. A.66'5'TAN"
BRAO!.!;;" ... 'l'RUSH1N
.JOEL R, WO""'E . t<IMBE~L.Y A. ~,4.RRI.s
· BOARO CER'~If"llt.c IN CIVIL TFtIAL L.AW LEGAL AS9IS'l"ANT
.,. .AOMIT"e.o IN J:"l.ORIPA. NEVAOA ~ N~W 'I"ORIoC,
November 9, 1993
Via Facsimile
Susan Ruby, Esquire
City Attorney
200 Northwest First A~enue
Delray Beach, Florida 33444
Re: City of Delray v. Davey Compressor
Our File No. 97.11567
Dear Ms. Rllby:
I received a telephone call this morning from John Strickland,
who represents Mutual Fire and Marine Insurance Company in
liquidation. Mutual Pire carries an excess policy of FIVE HUNDRED
THOUSAND ($500,000.) DOLLARS during a period in which primary
coverage was ONE KILLION ($1,000,000.) DOLLARS . According to :Mr.
Strickland , the receivers are a.ttempting to wind-up liquidation
proceedi.nqs, and they are therefore soliciting demands on all of
their open~es. He believes that if the City of Delary Beach
were to make an immediate demand, he could get approval for as much
as TWO HUNDRED FIF'l'Y THOUSAND ($250,000.) DOLLARS . Based on my
experience, insurance carriers in receivership typically pay ten
( .10) cents on the dollar to dispose of claims. Therefore, the
receipt of fifty (. SO ) cents on the dollar would represent
substantially more than we expected to recover from Mutual Fire.
I believe that we Should immediately make a demand for THREE
HUNDRED THOOSAND ($300,000.) DOLLARS and see what the response is.
However, it is important that we get back to Hr. Strickland as soon
as possible with a demand because it is entirely possible that the
receivers are attempting to settle out a few of the larger cla1ms
in order to conclude the liquidation of Mutual Fire.
Should you ha~e any questions or comments concerning the
foregoing, please do not hesitate to contact me.
"
Very truly yours,
~/?k----'
Steven R. Berger
SRB:bmw
- --- -^_^ _,,.. ranra.... Il'-.~T C'R/RO/TT
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MEMORANDUM 1
TO: MAYOR AND CITY COMMISSIONERS I
FROM: CITY MANAGERefv1 i
SUBJECT: AGENDA ITEM ~ qa - MEETING OF NOVEMBER 9. 1993
EMERGENCY WATER MAIN REPLACEMENT/SEABREEZE AVENUE AND LOWRY
STREET
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DATE: November 9, 1993 '
This item is before you to authorize the emergency replacement of
water mains on Seabreeze Avenue and Lowry Street by Chaz Equipment
Company in the estimated amount of $531000. The pipes in this area
are cast iron with lead joints. Several of the lead joints have
corroded resulting in water main breaks.
Staff is recommending that this work be added to the contract with
Chaz Equipment, Inc. as opposed to an emergency contractor to save
time and money. The prices quoted are based on unit prices
established in our contract with Chaz Equipment. Addi tionally I the
cost includes all labor and equipment necessary to complete the
project. !
Recommend approval of the emergency replacement of water mains on
Seabreeze Avenue and Lowry Street by Chaz Equipment, Inc. in the
estimated amount of $53,000; with funding from Water and Sewer Renewal
and Replacement (Account No. 442-5178-536-61.78).
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DEPARTMENT OF ENVIRONMENTAL SERVICES
MEMORANDUM
TO: DAVID T. HARDEN
CITY MANAGER ~
FROM: WILLIAM H. GREENWOOD dIJ~ ,r!f!".J1
DIRECTOR OF ENVIRONMENTAL SERVICES
DATE: NOVEMBER 9, 1993
SUBJECT: ROAD RECONSTRUCTION (EAST)
PN: 92-02
(SEABREEZE AVENUE, LOWERY STREET WATER MAINS)
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
During construction of the subject project, we have had some
water main breaks on the referenced streets. The pipes in this
area are 6" cast iron with lead joints. The problem arises with
breaks at the lead joints which have corroded due to the soil
conditions in the area. The seriousness of this condition was
unknown during design but was discovered during construction when
the water line was exposed in several locations and a break
occurred.
Attached is an estimate and location map of the area recommended
for replacement of water mains under the current contract with
Chaz Equipment, Inc. Costs include all labor, materials,
equipment and appurtenances to perform the project.
The contractor is waiting for our decision on this matter. Every
day we delay will cost the City for down time or for rework on
construction already completed.
We would appreciate if you could add this item to the November 9
agenda, if you concur. Estimated Cost S 53,000.00; Account
# 442-5178-536-61.78.
Please advise as soon as possible as to how to proceed.
WG:RH:kt
Attachments
File: 92-02 (D)
RHWG9202.KT
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November 4, 1"3
ROADWAY RECONSTRUCTION (EAST)
PN: 92-02
WATER REPLACEMENT ESTIMATE
I
Seabreeze Ave. north of Lowery St.
&
Lowery St. west of Seabreeze Ave. to East Rd.
:.:.;.:.:.:.:-:.:-:.:.:.:-;.:-:. :.:-:-:.:.:-:.:.;.:.:.:-:.:.:.;.:';......... :-:',':':-:-:' :-:-:-:-:-:-:.:-:-:-:-:-:.:.:.:.:-:-:.:-: .;.;.;.:.; -::->:.;.;.: .;.:.:-:-:.' .:-:-:-:.:.:.;.:-;.:.:.:-;.:-:.;.:.;.:.:.:.:.:-:.:-:.:-:-:.:-:.:-:.:-:.:-:-:.:.:-:.:-:-:.;.:.:-:-:.:-:<.:-:.:.:-:.:-:-:.:.:-:-:-: ,;.:-:-:.:.:.:-:.:.:-:.:-:-:.;.:.:.:-:.;.:-:.; .;.:.;.;.:-:.:.: ':':';':... ....:.:.:.:.: ......;.:
........... . ....... ....... .................... ..... ....... ...... .............................................-................... ....................... ........ ..................
., ....... ..................... ..... ....... ...... ................~........................,....................... ....................... ,....... .................. ........
{f'tE.M(':::/':'!::i:':j"d:/:'::/itSifIMAmD::t.JNtT::i:::::':::\);:,;;;:,:::::::::::::::::;:;
.......,.,........................................................'.....'.......',.....................................,.....,.... ....... ..................... '.' ...... ...'......,..............'.....................................'............................................ ... ..... ............... ....'.. ....
:'ngi::::::::::::::::pll-IPN;:::::,::::::::::::':(<::,:,:,':",','::~~~? QU~ ',,', p,mg1t:::"", :::::':":::,!;gr.G,::'::
1. 8" DIP Water Main L.F. 1,100 $ 18.90 $20,790.00
2. 6" Gate Valve Ea. 2 336.00 672.00
3. 8" Gate Valve Ea. 7 450.00 3,150.00
4. 6" X 6" Tapping Sleeve Ea. 2 1,257.00 2,514.00
5. 8" X 8" Tapping Sleeve Ea. 1 1,486.00 1,486.00
6. Fire Hydrant Assembly Ea. 2 1,633.00 3,266.00
7. Fill & Flush Connection Ea. 3 1,564.00 4,692.00
8. Sample Point Ea. 3 330.00 990.00
9. 1" Single Service Ea. 18 506.00 9,108.00
10. 1 Va" Double Service Ea. 2 604.00 $ 1.208.00
SUB-TOTAL $47,876.00
20% CONTINGENCY $ 4.787.60
TOTAL ESTIMATE $52.663.60
SAY I $53,000.00 I
9202WfR.EST
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM ~ loA - MEETING OF NOVEMBER 9. 1993
ORDINANCE NO. 61-93
DATE: November 3 I 1993
This is the second reading of an ordinance repealing Ordinance No.
56-93, in its entirety, and enacting a new ordinance amending Chapter
54, "Sewers", to clarify when a sewer connection charge must be paid;
enacting new service rates and charges; clarifying the the collection
method of sewer charges and changing the effective date.
This ordinance is necessary because the typist inadvertently inserted
the water rates into Ordinances No. 56-93.
,
At the October 26th regular meeting, Ordinance No. 61-93 passed on i
first reading by a 5 to 0 vote. ,
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Recommend approval of Ordinance No. 61-93 on second and final reading.
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M E M 0 RAN DUM
TO: David T. Harden
City Manager
FROM: Joseph M. ~
Director of Fi
SUBJECT: Agenda Request - Sewer Ordinance Revision
New Ordinance Number 61-93
DATE: October 18, 1993
Sewer Ordinance Number 56-93, which was recently approved by the City
commission, inadvertently omitted some wording which should have been included
in the rewrite of Section 54.32. Additionally, as the City Commission did not
approve the Ordinance prior to October 1, 1993, the effective date of the
Ordinance should have been changed to December 1, 1993 to accommodate the
implementation of the rate changes for billing purposes.
The City Attorney advised that it would be necessary to repeal Ordinance
Number 56-93 and enact a new Ordinance. We were further advised that this
Ordinance would need to go through a first and second reading process.
We have attached a corrected Sewer Ordinance Number 61-93 so that it may be
included on the City Commission Agenda of October 26, 1993 for first reading
and the Agenda of November 9, 1993 for second reading. If approved, the rates
will become effective December 1, 1993. This same effective date has been
established for the Water Ordinance rate changes, if the Ordinance meets with
the City Commission's approval.
Isam
Attachment
cc: Jan Williams, Utility Billing Manager
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ORDINANCE NO. 61-93
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, REPEALING ORDINANCE NUMBER 56-93 IN ITS
ENTIRETY, AND ENACTING A NEW ORDINANCE AMENDING CHAPTER
54, "SEWERS", OF THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, FLORIDA, BY AMENDING SECTION 54.31,
"CONNECTION CHARGES; EXCEPTION", TO CLARIFY WHEN A SEWER
CONNECTION CHARGE MUST BE PAID; BY REPEALING SECTION 54.32
AND ENACTING A NEW SECTION 54.32, "SERVICE RATES AND
CHARGES"; BY AMENDING SECTION 54.33, "TIME AND METHOD OF
PAYMENT OF SERVICE CHARGE" , TO CLARIFY THE COLLECTION
METHOD OF SEWER CHARGES; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section l. That Ordinance Number 56-93 is hereby repealed in its
entirety.
Section 2. 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. WtS."t" It.wr/J Ir/Jt Ir/lr/Jt" ItUltl.". lat" Ill.Il.ri~ Ir/Jri 1t.tS." I.U"
pt"r/ll..".II"a~tS./.tS.all/~"/~r/Jri.l.d"t"d/t.r/J/~"/a/."patat."lt".l.d"rit.lal/dw"lllri~/~rilt.'
tri/apatt.r/I"rit./~~l.ldlri~.II~r/Jridr/Jr/ll.ril.~r/I.II~r/Jr/Jp"tat.l.I".lld~pl"i".llt".r/Jtt./dw"lll.ri~
~rilt./~r/Jr/lpl.i".I/r/lr/Jt."l./r/Jt/tS.r/Jt."t.llarid/t.tS."/ll~"/arid/tr/Jt/"a~tS./t.t.ll"t/.p.~"/lri/.
t.talt"t Ip.t~1 l"a~tS. IllIl.ri, l~riLt. 1.tS..U I~" I~r/Jri.ld"t"d la I."p.tat." It".ld"rit.l.l
dw"lllri~/~rilt. A residenti~l 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:
ORD. NO. 61-93
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Estimated Flow in Gallons per Month
ERC Units = 7,000
Where an estimated f low is not available the following formula shall be used
with reference to the standard Plumbing Code adopted by reference in Chapter
161-
Total Fixture Units
ERC Units = 16
Section 3. 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:
ORO. NO. 61-93
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I, (a) Customer charge $ 1. 55 $ 1.93
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" City (per 1,000 gallons) 1.08 1.35
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Notes: (1 ) Where no water service is provided and the user is connected to
the sanitary sewer system, there shall be a monthly customer charge of $5.00
!; per residential dwelling unit, and the commodity charge shall be based on the
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If unit to which sanitary sewerage service is available through the
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Nonresidential/Commercial City City
(a) Customer charge $ 1.55 $ 1.93
: (b) Capacity charge (per me1:er):
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" 1-inch meter 15.48 19.35
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!I 1-1/2-inch meter 30.86 38.58
2-inch meter 49.40 61. 74
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!I 3-inch meter 108.15 135.19
1 4-inch meter
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" 6-inch meter 432.51 540.63
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:1 ~~~y charge(~~ ~~
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, South Central Regional Wastewater Treatment
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Note: For those nonresidential/commercial units where water service is not
available, and the user is connected to the sanitary sewer system or sewer
service is available for connection, there shall be a monthly customer charge
of $5.00 and a capacity charge as set forth above. The commodity charge shall
be based on the average usage for the type of business or non-residential use.
( 3) Application. Rates and charges provided for in this section
shall not apply to water billings for such meters as have been determined
by the city to have no relationship to the use of the municipal sanitary
sewer system. Such determination shall be based upon an application
submitted by the user to the city, which applicat,ion shall be accompanied
by evidence that the water passing through the subject water meter is not
connected to the sanitary sewer system, and is not connected to septic
tanks in areas where the sanitary sewer system is available as defined in
this chapter.
(4 ) 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 4. That Section 54.33, "Time and Method of Payment of
Service Charge", Subsection (B) , of the Code of Ordinances of the City of
Delray Beach, Florida, is hereby amended to read as follows:
(B) Sewer service charges shall apply and be collected monthly on a
year-round basis whenever water service is provided and without regard to
occupancy.
Section 5. That should any section or provision of this ordinance
or any portion thereof, any paragraph, sentence, or word be declared by a
Court of competent jurisdiction to be invalid, such decision shall not affect
the validity of the remainder hereof as a whole or part thereof other than the
part declared to be invalid.
Section 6. That all ordinances or parts of ordinances in conflict
herewith be, and the sarne are hereby repealed.
Section 7. That this ordinance shall become effective December 1,
1993.
PASSED AND ADOPTED in regular session on second and final reading on
this the day of , 1993.
MAY 0 R
ORD. NO. 61-93
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ATTEST:
I city Clerk
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II First Reading
II Second Reading
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ORD. NO. 61-93
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER t~
SUBJECT: AGENDA ITEM ~ lOB - MEETING OF NOVEMBER 9. 1993
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ORDINANCE NO. 62-93
DATE: November 31 1993
This is the second reading of an ordinance annexing (3 ) parcels of
land to the City, with initial City zoning of NC (Neighborhood
Commercial) Districtj POD (Professional Office) Districtj and RM
(Mul tiple Family Residential - Medium Density) Districtj said land
being located on the north side of West Atlantic Avenue between
Barwick Road and Military Trail.
This annexation involves the calling in of water service agreements
for Discount Auto Partsl Delray Medical Center and Sunset Pines
Condominiums.
Accommodating the annexation of these properties and affixing initial
City zoning designations of POD, RM and NC, is consistent with the
City's program for annexation of territory within its Planning and
Service Area.
The Planning and Zoning Board at their October 18th meeting recommend
approval. One property owner (Arlene Spodak) spoke in opposition to
the initial zoning designation of POD in that it removes the
commercial use potential for the property. A detailed staff report is
attached as backup material for this item.
At the October 26th regular meeting, Ordinance No. 62-93 passed on
first reading by a 5 to 0 vote.
Recommend approval of Ordinance No. 62-93 on second and final
reading.
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ORDINANCE NO. 62-93
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, ANNEXING (3 ) PARCELS OF LAND
TO THE CITY OF DELRAY BEACH, FLORIDA, WITH INITIAL
CITY ZONING OF NC (NEIGHBORHOOD COMMERCIAL)
DISTRICT, POD (PROFESSIONAL OFFICE) DISTRICT AND RM
( MULTI PLE , FAMILY RESIDENTIAL - MEDIUM DENSITY) i
DISTRICT; SAID LAND LYING AND BEING IN SECTION 13,
TOWNSHIP 46 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY,
FLORIDA, LOCATED ON THE NORTH SIDE OF WEST ATLANTIC
AVENUE BETWEEN BARWICK ROAD AND MILITARY TRAIL, AS
MORE PARTICULARLY DESCRIBED HEREIN; REDEFINING THE
BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND;
PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID
LAND; PROVIDING A GENERAL REPEALER CLAUSE; A SAVING I
CLAUSE; AND AN EFFECTIVE DATE.
WHEREAS, 66 Individual Unit Owners are the fee-simple owners
of the Sunset Pines Condominium, a parcel of land lying and being in
Section 13, Township 46 South, Range 42 East, Palm Beach County, I
Florida, as the same is more particularly described herein; and i
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WHEREAS, Discount Auto Parts Inc. is the fee-simple owner of
the Discount Auto Parts Store, a parcel of land lying and being in
Section 13, Township 46 South, Range 42 East, Palm Beach County,
Florida, as the same is more particularly described herein; and ,
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WHEREAS, Myles and Arlene Spodak, Trs. , are the fee-simple
owners of the Delray Medical Center, a parcel of land lying and being
in Section 13, Township 46 South, Range 42 East, Palm Beach County,
Florida, as the same is more particularly described herein; and
WHEREAS, The subject properties hereinafter described are I
contiguous to the corporate limits of the City of Delray Beach, I
Florida; and ,
WHEREAS, the designation of a zoning classification is part I
of the annexation proceeding, and provisions of Land Development
Regulations Chapter Two have been followed in establishing the
proposed zoning designation; and
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WHEREAS, the City of Delray Beach has heretofore been
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authorized to annex lands in accordance with Section 171.044 of the I
Florida Statutes.
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NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE ,
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: I
Section 1. That the City Commission of the City of Delray I
Beach, Palm Beach County, Florida, hereby annexes to said City the I
following described lands located in Palm Beach County, Florida, which ;
lie contiguous to said City to-wit:
Sunset Pines Condominium: A parcel of land lying in the I
West Half (W1/2) of the Northeast Quarter (NE1/4) of the
Southwest Quarter (SW1/4) of Section 13, Township 46 South,
Range 42 East, Palm Beach County, Florida, said parcel being
more particularly described as follows: Commencing at the I
Northwest corner of the East 100 feet of the West Half
(W1/2) of the West Half of the Northeast Quarter (NW1/4) of
theo Southwest Quarter (SW1/4) of said Section 13; thence
S-O -14'-49"-W, on an assumed bearing along the West line of I
the said East 100 feet, a distance of 60.0 feet to an 1
intersection with the South line of the required :
right-of-way for Lake Worth Drainage District Lateral Canal I
No. 33 as shown on Sheet 109 of 240 Sheets dated May, 1969,
and on file in the Palm Beach County Court House, said '
int8rsection being the point of beginning; thence continue :
S-O -14' -4911 -W I along the said West line of the East 100 :
feet of the West Half (W1/2) of the West Half (W1/2) of the I
Northeast Quarter (NE 1/4) of the Southwest Quarter (SW1/4)
of Section 13 a distance of 720.43 feet to a point in a line I
547 feet North of and parallel with the North right-of-way
line of State Road No. 806 (West Atlantic Avenue) as shown
in Road Plat Book 3 at Page 27 of t~e Public Records of Palm
Beach County, Florida; then N-89 -06'-10"-W, along said
pargllel line, a distance of 3.18 feet; thence
N-O -14'-55"-E, a distance of 720.39 feet to an intersection
with the said South line of the required right-of-way for
Lake Worth Drainage District Lateral Canal No. 33; thence
East along said South right-of-way line, being 60 feet South
of and parallel with. the North line of said West Half (Wl/2)
of the Northeast Quarter (NE1/4) of the Southwest Quarter
(SW1/4) of Section 13, a distance of 3.16 feet to the point
of beginning, and a parcel of land in Section 13, Township
46 South, Range 42 East, Palm Beach County, Florida, being
more particularly described as follows: the East Half
(E 1/2) of the West Half (W1 /2) of the Northeast Quarter
(NE1/4) of the Southwest Quarter (SW1/4) of said Section 13,
lying North of the North right-of-way line for State Road
806 (West Atlantic Avenue), as recorded in Road Plat Book 3,
Page 27, of the Public Records of Palm Beach County,
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Florida, less and excepting the South 547.0 feet of the West
Half (W1/2) of the above described parcel and less and I
excepting the South 330.0 feet of the East Half (E1/2) of I
the above described parcel, together with an easement for !
ingress and egress purposes, as recorded in Official Record I
Book 2570 on Pages 1990 through 1992 inclusive of the Public
Records of Palm Beach County, Florida, and the East 100 feet
of the West Half (W1/2) of the West Half (W1/2) of the :
Northeast Quarter (NE1/4) of the Southwest Quarter (SW1/4) I
of Section 13, Township 46 South, Range 42 East, Palm Beach :
County, Florida, less the right-of-way for State Road 806
(West Atlantic Avenue) and less the South 547 feet of the
above described parcels. Subject to a drainage easement for i
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Lake Worth Drainage District over and across the North 60.0 I
feet of the above described parcels. I
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Together with: ,
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Discount Auto Parts: A parcel of land in Section 13,
Township 46 South, Range 42 East, Palm Beach County,
Florida, more particularly described as follows: Begin at a i
point where the West line of the West Half (W1/2) of the I
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East Half (E1/2) of the West Half (W1/2) of the Northeast !
Quarter (NE1/4), of the Southwest Quarter (SW1/4) of Section
13, Township 46 South, Range 42 East, Palm Beach County, I
Florida, intersects the North right-of-way line of State I
Road 806 j thence run North along said West line 547.00 feet
to a pointj thence run East along a line parallel to and
547.0 feet North of the North right-of-way line State Road
806 to a point in the East line of the West Half (W1/2) of
the East Half (E1/2) of the West Half (W1/2) of the
Northeast Quarter (NE1/4) of the Southwest Quarter (SW1/4)
of said Section 13j thence run South 547.0 feet to the North
right-of-way of State Road 806j thence run West along said
north right-of-way line to the point of beginningj together
with the portion of Atlantic Avenue right-of-way (SR 806)
lying north of the centerline adjacent to said property.
Together with:
Delray Medical Center: The South 330.0 feet of the
following described parcel: The East Half (El/2) of the
East Half (E1/2) of the West Half (W1/2) of the Northeast
Quarter (NE1/4) of the Southwest Quarter (SW1/4) of Section
13, Township 46 South, Range 42 East, Palm Beach County,
Florida, less right-of-way of record for Lake Worth District
Lateral Canal No. 33, and less the right-of-way for State
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Road 806 (West Atlantic Avenue) as recorded in Road Plat
Book 3, on Page 27, Public Records of Palm Beach County,
Florida, together with the portion of Atlantic Avenue
right-of-way (SR 806) lying North of the centerline adjacent
to said property.
Section 2. That the boundaries of the City of Delray Beach,
Florida, are hereby redefined to include therein the above-described
tracts of land and said lands are hereby declared to be within the
corporate limits of the City of Delray Beach, Florida.
Section 3. That Chapter Two of the Land Development Regulations
. has been followed in the establishment of a zoning classification in
this ordinance and the tracts of land hereinabove described (Sunset
Pines Condominium) (containing 8.74 acres) is hereby declared to be in
Zoning District RM (Multiple Family Residential-Medium DensitY)j I
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(Discount Auto Parts) (containing 2.05 acres) is hereby declared to be i
in Zoning District NC (Neighborhood Commercial); (Delray Medical
Center) (containing 1. 22 acres) is hereby declared to be in POD
(Professional Office District), as defined by existing ordinances of
the City of Delray Beach, Florida.
Section 4 . That the lands hereinabove described shall I
immediately become subject to all of the franchises, privileges,
immunities, debts, obligations, liabilities, ordinances and laws to
which lands in the City of Delray Beach are now or may be subjected
including the Stormwater Management Assessment levied by the City
pursuant to its ordinances and as required by Florida Statues Chapter
197, and persons residing thereon shall be deemed citizens of the City I
of Delray Beach, Florida.
Section 5. That this annexation of the subject I
property,
including adjacent roads, alleys, or the like, if any, shall not be
deemed acceptance by the City of any maintenance responsibility for
such roads, alleys, or the like, unless otherwise specifically
initiated by the City pursuant to current requirements and conditions.
Section 6. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 7. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
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Section 8. That the private streets located in the lands herein
above mentioned shall remain private streets and the City of Delray
Beachl Florida, does not accept such private streets for maintenance
purposes.
Section 9. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1993. I
MAYOR
ATTEST:
Acting City Clerk
First Reading
Second Reading
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDEN, CITY MANAGER
THRU: .~O~~TOR
D~~LANNING AND ZONING
FROM: PAUL DORLING NIOR PLANNER
SUBJECT: MEETING OF OCTOBER 26, 1993
ANNEXATION AND INITIAL ZONING OF THE DISCOUNT AUTO
PARTS, DELRAY MEDICAL CENTER AND SUNSET PINES
CONDOMINIUM DEVELOPMENT TO (NC) NEIGHBORHOOD
COMMERCIAL, (POC) PROFESSIONAL AND OFFICE DISTRICT,
AND (RN) MULTIPLY FAMILY RESIDENTIAL, RESPECTIVELY.
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval on first reading of an ordinance to annex the
Discount Auto Parts, Delray Medical Center and the Sunset
Pines Condominium Development and apply initial zoning
designations of (NC) Neighborhood Commercial, (POD)
Professional and Office District and (RN) Multiple Family
Residential, respectively.
The properties are located on the north side of Atlantic
Avenue between Barwick Road and Military Trail.
BACKGROUND:
Water service agreements for the subject parcels were signed on
April 23, 1979 & April 27, 1981 (Sunset Pines Condominiums),
February 14, 1991 (Delray Beach Medical Center) , and June 29,
1993 (Discount Auto parts). W~thin each water service agreement
the standard annexation clause was included. With the execution
of the Discount Auto Parts water service agreement (June, 1993)
it became possible to annex these three contiguous parcels.
Prior to this time annexation was not possible in that the third
parcel (Discount Auto Parts) would have been made an enclave.
On August 24, 1993 the City Commission initiated annexation of
the above properties. On October 7, 1993 staff held a meeting
with the Sunset Pines condominium owners to explain the impacts
and benefits of annexation. This meeting was attended by
approximately thirty residents.
An analysis of the financial impacts to the properties being
annexed as well as the fiscal impacts on the city are explained
in detail in the attached staff report. For a complete analysis
of this request please refer to the attached annexation staff
report.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board reviewed the annexation and initial
zoning request at their October 18, 1993 regular meeting. Two
members of the public spoke, the first was Arlene Spodak, owner
of the Delray Medical Center. While she did not oppose
annexation she objected to the initial zoning designation of
(POD) Professional and Office District. The objection was that
it removes commercial potential (restaurant use) the property
currently enjoys under the existing county zoning district of
(CHO) Commercial High Intensity Office District. The second
member of the public Thelma Boast, Vice President of Highland
Trailer Park stated that similar street names within Sunset
Pines (Sunset Pines Drive) and Highland Trailer Park (Sunset
Drive) creates confusions for EMS, Police, and mail delivery.
After taking public testimony the Planning and Zoning Board
recommended approval of the annexation and initial zoning
designations on a unanimous 7-0 vote.
One letter of support was received from Neil Macmillan owner of
the Barnett Bank south of the sites to be annexed.
RECOMMENDED ACTION:
By motion, approve the annexation of Discount Auto Parts, Delray
Medical Center and the Sunset Pines Condominium Development
with initial zoning designations of (NC) Neighborhood
Commercial, (POD) Professional and Office District and (RM)
Multiple Family Residential, respectively.
Attachment:
* Annexation Planning and Zoning Board report
of October 18, 1993
y:sunset/pd
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PLANNING AND ZONING BOARD
CITY OF OELRAY BEACH --- STAFF REPORT ---
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MEETING DATE: OCTOBER 18, 1993
AGENDA ITEM: IV.A.
ITEM: ANNEXATION OF SUNSET PINES, DISCOUNT AUTO PARTS AND
DELRAY MEDICAL CENTER
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GENERAL DATA:
Own.c...................... IndlvJdu.l UnJ& Own.c. (.un..~
'In.. Condoelnlua)
Dl.covn& Auto ,.c~. (Dlaco~~ Auto
'ac&a Stoe.)
Myl.. .nd Arl.n. SpodU (Dele.)" Medical
C.nt.c)
Aq.nt....................Cltr Initiated voluntaclly ann...tlon.
Locatlon.................MocLh of Atlantlc Av.nu., .pproxi..t.ly
1/4 all. "ut o~ "cvlct Aoad.
'cop.cty 51..............11.01 Ace..
City Land U.. .1.n.......Tc.naltlonal
County Land U.. 'l.n.....MR-' (MultJpl. ,..Jly ...lel.ntl.l)
CR-' (C~ccJal ,,It_ a c..ldantlal
~ulval.nt 01 . unita/acea)
Cuce.nt County 10nlng....AM (Multlpl. 'aa!ly A..lel.ntlal) -
5una.t .1n..
. CO (C_uclal Can.nl) - DlacOIInt Allto
CHO (Coa.ecclal Ml._ Int.n.lty O~flc.)
- Delcay Medical C.nt.e
Pcopo.ed City 10nln'.....RM (Multlpl. ,..lly A.alel.ntlal -
".dlva Den.ltr) - Sun.at PIn..
Ne (N.19hbochoOd Co.8eccl.1) - Dl.cownt
Auto
POD ('eor...lonal Offlc. Dl.~lct) -
Delear Medlc.l C.nt.e
Adj.c.nt zonln,...Moct_. as (51n91. ,..11y A..lel.ntl.1 - County
lonln.)
c.n. lOt (NobU. "_) .nd IIC
Soutb, Pee ('lenned Of Ilea C.ntee) and A
(AqClcultuuU
Va.~. Pee
Exl.tln, Land U..........Au&O 'art. Stoca, Medlc.l Of lie. Pl...
.nd . " unit condoelnlua.
.
W.t.c S.rvlc.............C.I.t1n. I'. ".t.c ..In .lon, Atl.ntlc
Av.nu. and an .. ..18 ..rvln, lu_.t
'1.... Condoe1nlua.
S.".r S.rvlc.............'l.ftft.eI .. .ev.c ..1ft 810n, Atiantlc IV.A.
Av.nu. enel an .. ..In ..rvln, Suna.'
'lne. Cor.cloalnlua.
I T E M B E FOR E THE BOA R D:
The item before the Board is that of making a recommendation on
a City initiated voluntary annexation (pursuant to Florida
Statute 171.044) for Discount Auto Parts, Delray Medical Center
and the Sunset Pines Condominium development with initial zoning
of NC (Neighborhood Commercial), POD (Professional and Office
District), and RM (Multiple Family), respectively.
LDR Sections 2.4.5 (C) and (D) provide rules and procedures for
the processing of this petition.
The subject properties are located on the north side of Atlantic
Avenue between Barwick Road and Military Trail.
B A C X G R 0 U N D:
Water service agreements for the subject parcels were signed on
April 23, 1979, and April 27, 1981, (Sunset Pines Condominiums);
February 14, 1991, (Delray Beach Medical Center) ; and June 29,
1993, (Discount Auto Parts) . Within each water service
agreement the standard annexation clause was included.
With the execution of the water service agreement for the
Discount Auto Parts parcel (June, 1993), it has become possible
to annex these three contiguous parcels. Prior to this time,
annexation was not possible in that the third parcel (Discount
Auto) would have been made into an enclave.
Pursuant to our annexation proposal, the parcels are being
processed for annexation. An official act of initiating the
annexation was accomplished by the City Commission on August
24,1993..
PROJECT DES C RIP T ION:
The territory to be annexed includes two commercial
developments', the recently constructed Discount Auto Parts, and
the Delray Medical Center. These commercial properties take
access from Atlantis: Avenue. . The proposed annexation area also
includes the Sunset Pines Condominium development which contains
60 single condominium units and 3 duplex condominium units. The
condominium development has two points of access, one from Pine
Grove Drive off Barwick Road and the other by private access
easement across the Delray Medical Center from Atlantic Avenue.
The area being annexed will include the north 1/2 of Atlantic
Avenue adjacent the commercial properties as well as the 60'
L.W.D.D. canal north of the Sunset Pines Condominium
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Sunset Pines Annexation and Initial Zoning
Page 2
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ANN E X A T ION A N A L Y S I S:
All the executed water service agreements contain a paragraph
considering the executed agreement as a voluntary petition for
annexation. This clause is a covenant running with the land and
all subsequent transferees. The Discount Auto parts and Delray
Medical Center agreements were executed by the current owners of
the properties. The water service agreements for Sunset Pines
Condominiums was executed by the developer of the units.
Florida Statutes Governing Annexations.
Pursuant to Florida Statue 171.044 "the owner or owners of real
property in' an unincorporated area of a county, which is
contiguous to a municipality and reasonably compact may petition
the governing body of said municipality that said property be
annexed to the municipality". Pursuant to F. S. 171.044 (5)
"land shall not be annexed through voluntary annexation when
such annexation results in the creation of Enclaves".
* The property is contiguous with the City, reasonably
compact, and its annexation will not create an Enclave.
The annexation will reduce a finger of County property,
which extends into the municipal boundaries.
Land Development Regulations governing annexations.
Pursuant to Land Development Regulation Section 2.4.5 (C) "the
City can initiate an annexation of private property if said
right has been delegated via provisions of a water service
agreement".
COM P R B H B N S I V B P LAN A N A L Y S I S:
Consistency between the City and County Land Use Map
Designation..
The City's current Future Land Use Map designation for all
properties is' "Transi t-ional" . The County's Land Use
Designation for Discount Auto Parts and Delray Medical
Center is "CH-8 Commercial High Intensity with an alternate
res idential dens i ty of 8 units per acre". The County · s
Land Use designation for Sunset Pines Condominiums is "MR-S
Medium Residential 5 units per acre".
The City's "Transitional" land use designation allows
residential development at a density between five and
tw~ye units per acre and nonresidential development at an
i~~ft,ity equivalent to that associated with medium density
residential uses.
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P&Z staff Report
Sunset Pines Annexation and Initial Zoning
Page 3
The City's "Transitional" Land Use Designation is
consistent with the MR-5 Medium Residential County Land Use
Designation. However, the "Transitional" land use
designation is not consistent with the CH-8 Commercial High
Intensity County designation . The highest intensity
commercial deemed consistent with the City's Transitional
land use designation is of a neighborhood commercial
nature.
The City's FLUM designations as initially contained on the
City's Future Land Use Map adopted in November, 1989 (and
as formally amended subsequently) are deemed to be the
Future Land Use designations upon annexation.
Adjacent Land Use Map desiqnations and Land uses:
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The surrounding Land Use Map designations to the east, west
and south is "Transitional". The Land Use Map designation
to the north is Low Density (0-5 units per acre) in the
City and Low Residential (3 units per acre) in the County.
The existing Land Us.s are "Residential" (Highland Mobile
Home Park) to the east, "Lloyds Auto Repair Center &
Delray Office Plaza to the west, Residential to the north
(Franwood subdivision), and Commercial to the south
(Barnett Bank).
Consistency with the City's Comprehensive Plan:
Oesiqnated Annexation Area: The territory to be annexed is
located within "designated annexation area No. ' 4" east of
Military Trail and north of Atlantic Avenue. Annexation of the
territory is consistent with Policy B-3.4 of the Future Land Use
Element, which calls for annexation of eligible properties.
Provision of Service.: When annexation of property occurs,
services are to be provided in a manner which is consistent with
services provided to other similar properties already in the
City (Future Land Use Policy B-3.1). The following is a
discussion of requi~ed service.s and the manner in which it will
be provided.
Police: This property is currently serviced by the Palm Beach
County Sheriff's Office, located at 345 South Congress, which
serves ,the South County area. The property lies within Sheriff
patrol zone 4. Zone 4 is bordered by El Clair Ranch Road on the
west, the Atlantic Ocean on the east, Boynton Beach on the
north, and Atlantic Avenue to the south. One officer is
assigned to a particular zone during a shift (three shifts per
day) . Additional response can bee IltUIt'tered from "Cover Cars"
which roam throughout zones randomly, depending on their
availability in South County during that time.
'.
P&Z Staff Report
Sunset Pines Annexation and Initial Zoning
Page 4
If
The city of Delray Beach's Police Department has more manpower
to respond in this area, as a consequence significantly improved
response time should be realized.
Annexation will not require additional manpower, as the police
currently pass the property while patrolling areas of the City
to the south, east, and west of the site.
Fire and Emergency Service.: The annexation of this area will
not require additional manpower. The municipal area is served
by Fire Station No.4 (Barwick and Lake Ida Roads).
With annexation, the property will receive an improvement in
response time from the current 7 minutes of the County Fire
Department (Clint Moore Road and Military Trail) to
approximately 2 minutes for the City's Fire Department (Lake Ida
and Barwick Roads).
Water: The existing Delray Medical Office building and Discount
Auto Parts receive potable water service from a main along the
north side of Atlantic Avenue. Fire suppression will be
provided from fire hydrants located along Atlantic Avenue. '!'he
minimum 300' commercial hydrant spacing is met.
Potable water to the Sunset Pines Condominium is provided from
8" mains which run throughout the development. These mains loop
to a 12" main along Barwick Road and the 12" main along Atlantic
Avenue. Each of the 66 condominium units is served by an
individual water meter.
Fire suppression for Sunset Pines Condominiums is provided by
fire hydrants which exist on the 8" main system. The 500'
residen'tial fire hydrant spacing is met throughout the
development.
The City maintains the water mains along Atlantic Avenue and
within the Sunset Pines Subdivision. The mains along Atlantic
Avenue are . located within the public right-of-way while the
mains within the Sunset Pines are not in specific easements.
Within the Sunset Pines condominium documents, public utility
companies are graftted the ' right to install, connect and
maintain, from time to time, water mains across the entire
property (within the common elements and limited common elements
areas) . As the condominium documents can be amended without
City participation it would be appropriate to obtain specific
utility easements as the opportunity presents itself. The
Environmental Services Department has agreed to create the
specific legal descriptions for execution by the property
owners. , : ~
;)!': ..,1' ,
Sewer: J5~ ~lray Medical Center and Sunset Pines Condominiums
are served by 8" sewer mains which gravity flow to the north to
Lift station' '86, recently relocated to the Palm Beach County
Middle School on the east side of Barwick Road.
.
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P&Z Staff Report
Sunset Pines Annexation and Initial Zoning
Page 5
As with the water mains, no specific utility easements exist for
the sewer mains. The condominium documents provide a blanket
easement over the property giving public utility companies the
right to install, connect and maintain, from time to time, sewer
mains across the entire property (within the common elements and
limited common elements areas). The Environmental Services
Department has agreed to create the specific legal descriptions
for execution by the property owners.
The Discount Auto Parts store is currently served via a
temporary connection into the sewer main within Sunset Pines.
The City is constructing a new sewer main which will run in
front of the site. Once completed, Discount Auto Parts will
reroute their service connection to this main.
The new sewer main which will serve the Discount Auto Parts
store is located within the public right-of-way.
Streets: The Discount Auto parcel and Delray Medical Center
parcel have direct access from Atlantic Avenue. The Sunset
Pines Subdivision takes access from two points. Twenty-five
units within the subdivision have access via a private access
easement along the west side of the Delray Medical Center. The
balance of the subdivision (35 single, 3 duplexes-6 units) takes
access via Pine Grove Drive a public street (privately
maintained) which runs through the Highland Trailer park.
The SO' private access easement across the western edge of
Delray Medical Center is known as Delray Medical Center Drive.
This access easement is not a street and is located on private
property. Therefore, the private access easement will not be
maintained by the City.
The streets within the subdivision were created as common areas
and, as such, are not delineated as right-of-way tracts in the
condominium documents. A site visit was conducted on July 9th,
1993 with the City's Traffic Engineer. The streets within
Sunset Pines were found to be excess of the standard 24' width
and in adequate condition. A few pot holes were noted. Upon
closer inspection, a substandard asphalt depth of less than an
inch over stabilized. base was ~evealed.
The streets are currently privately owned and maintained. There
are no sidewalks. Given the above, the Sunset Pines streets
will not be taken over by the City (ownership or maintenance)
with annexation and any deficiencies in the street system will
remain the Condominium owner's responsibility.
Parks and Open Space: The annexation of the two commercial
properties will not create addi tional::: impact on park and
recreational facilities. As Sunset Pine. i~ located within the
City's Planning area, thus, the demands for parks and recreation
facilities ha~e been accounted in the City's Comprehensive Plan.
No deficiencies are noted for this area in the plan.
,
P&Z Staff Report
Sunset Pines Annexation and Initial Zoning
Page 6
"
Financial Impacts:
Effect Upon Annexed Property:
For the 1992 tax year the Delray Medical Center had an assessed
value of $400,000 and the Discount Auto Parts Store site, had an
assessed value of $245,570.00. The 66 condominium units within
Sunset Pines Condominium had an assessed value of $3,776,380.
Fifty seven of the units qualified for Homestead exemption
representing a reduction of taxable assessed value of $1,425,000
for a net taxable value to $2,351,380.00.
With the change from County to City jurisdiction, the following
taxes and rates will be affected:
Ad Valorem Taxes Millaqe With Annexation
Fire /Rescue MSTU 2.6201 Deleted (County)
Library .3915 Deleted (County)
City Of Delray Beach 6.8600 Added (City)
City of Delray Beach Debt 1.1400 Added (City)
---------
4.9884 Difference.
. Total tax millage in the County is 20.1397 mills while in
the City the total millage rate is 25.1281
The Delray Medical Center will have an increase in 1993 taxes
from $8,055.88 to $10,051.24 a year (approximately $1,995.36).
The Discount Auto Parts store will have an increase in taxes
from $4,945 to $6,170.70 (approximately $1,225.70). This
value will increase to approximately $13,206.57 in 1994 when
the assessed value is adjusted by adding the new building value
of approximately $280,000. The average Sunset Pines Condominium
unit with Homestead Exemption will have an increase in taxes
from $648.86 to $809.57 ($160.71 a year). The average Sunset
Pines Condo without Homestead Exemption will have an increase
from $1,152.33 to $1,437.75 ($285.42 a year).
In addition to property taxes, the following Non Ad Valorem
fiscal impositions apply:
Delray Beach Storm Water Utility - This City assessment will be
approximately $12.70 per condominium unit based upon the
combined impervious area of the buildings and private street
system. This calculation includes a 25' Discount for private
streets and 25' discount for being within the L.W.D.D. The
storm water assessment fee for the Discount Auto Parts Store
will be approximately $181.13 a year and for the Delray Medical
Center approximately $181.71 a year. These calculations include -
a 25' discount for on-site retention and a 25' discount for
being within the L.W.D.D.
P&Z Staff Report
Sunset Pines Annexation and Initial Zoning
Page 7
Solid Waste Authority - The Sunset Pines Condominium units will
experience an increase in rates from the new County rates of
$129.00 to $172.76 per unit (an increase of $43.76). The flat
rates for the commercial properties will remain the same at .064
per sq.ft or $640.00 a year for Discount Auto Parts and $470.40
per year for Delray Medical Center. These flat fees cover
disposal and the base facility fee only. Collection rates will
be negotiated with Waste Management on an individual basis and
will vary depending on dumpster size and frequency of pick up.
Water/Sewer Rate Reductions - Out of City water and sewer
utility customers are charged a 25' surcharge. Upon annexation
the Sunset Pines Condominium units should see an average
reduction of $8.81 a month or $105.71 annually in their combined
utility bill (based on unit average of 5,390 gallons per mouth).
The Delray Medical Center will see an average reduction of
approximately $22.47 a month or $269.64 annually ( based on
average 10,750 gallons per month) . No utility data was
available for the newly opened Discount Auto Parts store.
Resulting Impacts to Property OWners:
TABLE A
IMPACT ON OWNER OCCUPIED UNIT (WITH HOMESTEAD EXEMPTION)
FINANCIAL CONSIDERATIONS:
AD VALOREM TAXES + $160.71
(Change in 1993/94 county rate of
20.1397 mills to City 93/94 rate
of 25.1281 mills. Difference of
4.9884 mills.
NON AD VALOREM + $56.46
Stormwater Assessment
Approx. $12.70 per unit
Solid Waste Collection
Difference of $43.76
WATER , SEWER UTILITY FEES - $105.71
Current rate less 25' surcharge
for out of City residents
ANNUAL FINANCIAL IMPACT: + $111.4&
"
P&Z Staff Report
sunset Pines Annexation and Initial Zoninq
paqe 8
~
SERVICE CONSIDERATIONS:
FIRE RESPONSE + Faster response time based on
increase proximity (1.29 miles
verses 3.92 miles).
EMS + Faster response time based on
increase proximity (1.29 miles
verses 3.92 miles).
POLICE + Better response based upon
more officers in field.
CODE ENFORCEMENT + Pro-active, verses reactive
opportunity to work with
homeowners
TABLE B
IMPACT ON OWNER OCCUPIED UNIT (WITHOUT HOMESTEAD EXEMPTION)
FINANCIAL CONSIDERATIONS:
AD VALOREM TAXES + $285.42
(Chanqe in 1993/94 county rate of
20.1397 mills to City 93/94 rate
of 25.1281 mills. Difference of
4.9884 mills.
NON AD VALOREM + $56.46
Stormwater Assessment
Approx. $12.70 per unit
Solid Waste Collection-
Difference of $43.76
WATER , SEWER UTILITY FEES - $105.71
Current rate less 25' surcharqe
'for out of City residents
ANNUAL FINANCIAL IMPACT: + $236.17
.... ......,.,. ."1.- ' "
: I f ,.<;, ;
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P&Z Staff Report
Sunset Pines Annexation and Initial Zoning
Page 9
SERVICE CONSIDERATIONS:
FIRE RESPONSE + Faster response time based on
increase proximity (1.29 miles
verses 3.92 miles).
EMS + Faster response time based on
increase proximity (1.29 miles
verses 3.92 miles)
POLICE + Better response based upon
more officers in field.
CODE ENFORCEMENT + Pro-active verses reactive
opportunity to work with
homeowners
Fiscal Impacts to the City: At the 1993 City operating millage
rate of 6.86 mills and debt rate of 1.14 mills, the 66 units
within the Sunset Pines Condominium properties will provide
$16,130.47 and $2,680.57 respectively in new ad valorem taxes to
the City per year. The Discount Auto Parts Store and Delray
Medical Center will provide a total of $4,428.61 (operating
budget) and $735.94 (debt service) . This is a total property
tax increase of $23,975.59.
The Sunset Pines Condominium development will add approximately
124 new residents to the City. This population is calculated
using the 2.17 (City average persons per household) multiplied
by the number of units (66) and divided by vacancy rate (number
of non-homestead exemptions). The utilization of the non-
homestead units for vacancy rates gives a more representative
population impact of this development on City services.
However, after annexation the population increase would be
factored using the City-wide vacancy rate of 77. resulting in a
population increase.credit of. only 111 persons. Using the more
representative population increase of 124 persons will result in
a per capita revenue gain of approximately $11,194.72 ($90.28
per person). The major sources of per capita reimbursements are
from cigarette tax, sales tax, and state revenue sharing funds.
Additional revenues will be realized through the annual
collection of the stormwater assessment fee ($1,201.04 annually)
as well as occupational license fees (Delray Medical Center and
the Discount Auto Parts store), utility taxes (8.5' electric, 7.
telephone) and franchise fees on electric, telephone and cable.
The City Utility Fund will realize a revenue loss of $6,974.52
(Sunset Pines) and $269.64 (Delray Medical Center) for a total
of $7,244.16 with the elimination of the City water and sewer
25' surcharge assessed on out-of-city utility users. Revenue
figures for Discount Auto Parts Store were not available.
"
P&Z Staff Report
Sunset Pines Annexation and Initial Zoning
Page 10
"
TABLE C
FINANCIAL IMPLICATIONS TO THE CITY
SUNSET DISCOUNT DELRAY
PINES AUTO PARTS MEDICAL
AD VALOREM TAXES +$18,811.04 ~:$1,964.56 +$3,200.00
$4,204.56
PER CAP REIMBURSEMENTS: +$11,194.72 .00 .00
UTILITY TAXES:
Electric (1): +$4,845.66 NA +$313.50
Natural gas (2): .00 .00 .00
Phone (3): +$115.50 +$17.50 +$17.50
Cable (4): +$115.50 .00 .00
NEW FRANCHISE FEES:
Electric (5): +$3,634.25 NA +$198.00
Phone (6): +$16.50 +$2.50 +$2.50
Natural Gas (7): .00 .00 .00
Cable (8): +$49.50 .00 .00
ASSESSMENTS:
II
Stormwat~r Assessment +$838.20 +$181.13 +$181.71
UTILITY SERVICE FEES:
Water Utilities (9) -2,966.04 .00 -$115.68
Sewer Utilities (9) -4,008.48 .00 -$153.96
ANNUAL TOTAL: +$32,646.35 ~~2,16S.69 +$3,643.57
$4,405.69
COMBINED TOTAL: +$38,455.61
.+$40,695.61
NA- Data not available
* Based on an updated assessment to include new building
valued of assessed value of approx. $280,000.
(1) Electric Utility Tax based on 8' residential 9.5'
commercial - FPL 1992 residential. average annual bill ($917.74)
P&Z Staff Report
Sunset Pines Annexation and Initial Zoning
Page 11
(2) Natural Gas Utility Taxes are based on 8.5 , of Gas bill
(3) Phone Utility Taxes are based on 7' of phone bills -
monthly average of $25.00 per unit has been used.
(4) Cable Utility Taxes are based on 7' of cable bill
an average of $25.00 per unit has been used.
(5) Electric Franchise fees based on 6' of utility bills
FPL-1992 average annual residential bill $917.74.
(6) Phone Franchise fee based on l' of utility bill
(7) Natural Gas Franchise fees are based on 5 , of gas bill
(8) Cable Franchise Fees are based on 3' of cable bill
(9) Represents loss of 25' surcharge assessed out of City
utility users
Z 0 N I N G A N A L Y S I S:
The proposed initial City zoning of the Sunset Pines
Condominiums is RM (Multiply family residential-medium density),
Delray Medical Center is POD (Professional and office District),
and Discount Auto Parts is NC (Neighborhood Commercial). The
current County zoning designations are RM ( Multiple family
residential-medium density) for the Sunset Pines Condominiums,
CG (General Commercial) for the Discount Auto parts and CHO
(Commercial High Intensity Office District) for the Delray
Medical Center.
The surrounding zoning designations are PC (Planned Commercial)
to the west (Lyodds Tire shop), POC (Planned Office Center) to
the south (Barnett Bank), MH (Mobile Homes) and NC (Neighborhood
Commercial) to the east (Highland Trailer Park and Handy Market)
all within the City limits. To the north is the Franwood
Subdivision in un-incorporated Palm Beach County zoned RS
(Residential Single family).
Both the City zoning designations of RM and POD for Sunset
Pines and Delray Medical Center are similar to the existing
County designations and represents the existing use of the
property. The proposed NC zoning district for Discount Auto
Parts will be more restrictive than the existing County "General
Commercial" designation with respect to the range of commercial
uses.
.-
Under the NC designation the existing auto parts store use will
be non-conforming. This situation was acknowledged by the City
and property owner during negotiations of the water service
agreement signed on June 29, 1993. Upon annexation only the
City zoning designation is applicable.
1.1
, . ','.I
0'
P&Z Staff Report
Sunset Pines Annexation and Initial Zoning
Page 12
,
R E QUI RED FIN 0 I N G S: (CHAPTER 3)
Pursuant to Section 3.1.1 (Required Findings), prior to the
approval of development applications, certain findings must be
made in a form which is part of the official record. This may
be achieved through information ,on the application, the Staff
Report or Minutes. Finding. shall be made by the body which has
the authority to approve or deny the development application.
These findings relate to the following four areas:
Future Land Use Map: The use or structures must be allowed in
the zoning district and the zoning di.trict must be consistent
with the land use designation.
The Sunset Pines Condominiums and the Delray Medical office
use are permitted uses under the aM and POD zoning
designations. It is noted the Sunset Pines Condominium
density is 7.55 units per acre which is consistent with the
5-12 units per acre RM density range. The Discount Auto
Parts store is not allowed under the NC zone district.
This use will come in as a nonconforming use and will be
allowed to continue pursuant to the non-conforming
regulations (LOR Section 1.3.5).
The RM, POD and NC zoning designations are consistent
with the underlying "Transitional" Land Use Designation.
Concurrency: Facilitie. which are provided by, or through, the
City shall be provided to new development concurrent with
issuance of a Certificate of Occupancy. These facilities shall
be provided pursuant to levels of service established within the
Comprehensive Plan.
The proposal involves the annexation of existing
development. There will be no change in the manner in
which water, sewer, and drainage services will be provided.
Fire, Police, EMS and Solid Waste will shift to a different
provider; however, all these services will be equal to or
enhanced (see annexation analysis for details).
Compliance with Lan~ Development Regulation.:
Upon annexation the existing ,buildings will come under the
development regulations of the City. Any future modifications
to the sites must comply with the LOR's.
Consistency:
Compliance with the performance standard. set forth in Section
3.3.2 (Zoning), alonq with the required findings in Section
2.4.5, shall be . the. basi. upon which a finding of ov,erall
consistency i. to be made. Other objective. and policies found
in the adopted Comprehen.ive Plan may be u.ed in making of a
finding of overall consistency. The applicable performance
standards of Section 3.3.2 and other polici.. which apply are as
follows: '
'.
,
P&Z Staff Report
Sunset Pines Annexation and Initial Zoning
Page 13
.
A) Performance Standard 3.3.2(A) states that a rezoning to
other than CF within stable residential area. shall be
denied.
As this is an initial zoning affixing zoning
designations which represent the existing land uses or
appropriate future development direction this standard
does not apply.
B) Performance Standard 3.3.2(0) .tate.: That the rezone
shall result in allowing land use. which are deemed
compatible with adjacent and nearby land use both existing
and proposed; or that if an incompatibility may occur, that
sufficient regulations exist to properly mitigate adverse
impacts from the new use.
The initial zoning designations represent the existing
commercial, office and residential land uses. The
commercial and office zoning designations are
compatible with adjacent commercial uses and the
RM residential designation is compatible with adjacent
residential uses and acts as a transition between the
single family to the north and commercial to the
south.
Pursuant to Section 2.4.5(0)(1), a justification statement
providing the reason for which the change i. being sought must
accompany all rezoning requelt.. The Code further identifie.
certain valid realonl for approving the change being .ought.
As this zoning petition before you involves initial zoning
designations to be assigned to properties being annexed,
the above section does not apply.
O'1'HER:
Within the Sunset Pines Condominium Development, 25 units front
on Sunset Pines Drive. A street named Sunset Drive exists
immediately to tile east in Highland Trailer Park. In
discussions with the Sunset Pines Condominiums Association
President, the similar street names have created confusion with
both mail and emergency services.
With a~nexation both streets will be within the City Limits. To
eliminate potential confusion, it is recommended the Sunset
Pines Drive street name be changed to a street name selected by
the residents. Pursuant to LOR Section 2.2.2 (E)(6), the
Planning and Zoning Board shall review street names and provide
a recommendation to City Commission.
"
.
P&Z Staff Report
Sunset Pines Annexation and Initial zoning
Page 14
"
REV I E W B Y o THE R S:
The annexation is not in a geographic area requiring review by
either the HPB (Historic Preservation Board) , DDA (Downtown
Development Authority) , or the CRA (Community Redevelopment
Agency) .
On September 20, 1993 the Palm Beach County Planning Division
was notified of the City's intent to annex this property. To
date, a response has not been received.
Courtesy notices were sent to the property owners of Discount
Auto Parts and Delray Medical Center. The Planning Department
has also contacted the President of the Sunset Pines Condominium
and held a public meeting with residents on October 7, 1993. In
addition, courtesy notices were sent to Helen Coopersmith
(PROD), Art Jackel (United Property Owners), and Charles Raible
(Highland Park Company).
Public hearing notices were sent to all property owners being
annexed as well as property owners within 500 feet.
ASS E SSM E N T AND CON C L U S ION S:
Accommodating the annexation of these properties and affixing
initial City zoning designations of POD,RM, and MC is consistent
with the City's program for annexation of territory within its
Planning and Service Area.
The annexation of the properties will provide the affected
residents with better Police, Fire, EMS and Code Enforcement
services. The annexed areas will experience an increase in
taxes, stormwater assessment fees, and solid waste fees which
will be partially offset by lower water and sewer rates. The
increase will be $111.46 annually (with homestead exemption) or
$236.17 (wi~hout homestead) per Condominium unit within Sunset
Pines ( see Tables A & B). The Discount Auto Parts store and
Delray Medical Center will see an increase of $1,406.83 and
$1,907.43 respectively.
The City will receive additional revenue from additional
property taxes, stormwater assessment fees, per capita
reimbursements and associated utility taxes and franchise fees.
There will be a decrease of $6,974.52 in sewer and water utility
fees, however an increase from other revenues will resul t in a
net increase to the City of approximately $38,455.61 a year.
.
P&Z Staff Report
Sunset Pines Annexation and Initial Zoning
Page 15
A L T ERN A T I V E S:
A. Continue with direction.
B. Recommend approval of the annexation with initial zoning
designations of RM (Multiple Family Residential), POD
(Professional and Office District), and NC (Neighborhood
Commercial).
C. Recommend denial of the Annexation and/or initial zonings
with the basis stated.
S TAr r R E COM MEN 0 A T ION:
Recommend approval of this annexation with initial zoning
designations of RM (Multiple Family Residential), POD
(Professional and Office District) , and NC (Neighborhood
Commercial) upon positive findings with respect to Section
3.1.1, Section 3.3.2 and policies of the Comprehensive Plan and
the following:
That the property is contiguous, reasonably compact and
does not create an enclave.
That services will be provided to the property in a manner
similar to other similar properties within the City.
PO/SUN. DOC
,
~ > II
"
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER L1.Jv1
SUBJECT: AGENDA ITEM # fOC. - MEETING OF NOVEMBER 9. 1993
ORDINANCE NO. 63-93 I
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DATE: November 3, 1993 I
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This is the second reading of an ordinance amending Section 4,4.13 I
"Central Business (CBD) District" of the Land Development Regulations I
to clarify the parking requirements for the Central Business District. I
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encompassing recommendation of Parking I
The proposed change the the I
Management Team and places the parking requirements for the CBD back
to what they were prior to adoption of the LDRs.
The Planning and Zoning Board at their October 18th meeting I
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recommended approval. A detailed staff report is attached as backup I
material for this item. I
At the October 26th regular meeting, Ordinance No. 63-93 passed on
first reading by a 5 to 0 vote.
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Recommend approval of Ordinance No. 63-93 on second and final I
reading. I
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: VID T. HARDEN, CITY MANAGER
~~~U~!"
FROM: DAVID J. 0 AC , DIRECTO
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF NOVEMBER 9, 1993
PUBLIC HEARINGS, SECOND READING OF ORDINANCES
PERTAINING TO THE IN-LIEU PARKING FEE PROGRAM AND
PARKING REQUIREMENTS IN THE CBD.
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of three (3) ordinances following public hearings.
These ordinances deal with the subject of the in-lieu
parking fee program and the parking requirements in the
CBD Zone District.
B A C K G R 0 U N D:
Since first reading of these ordinances, some concerns have been
raised to this Office and to the Parking Management Team (PMT).
The concerns include:
* the parking requirement for restaurants;
* the effective date and its impact upon development projects
which are currently being contemplated;
* consideration of a different (than proposed) treatment of
the area east of the Intracoastal Waterway.
The PMT held a special meeting on Wednesday, November 3rd, at
which time there appeared to be a consensus to seek a
continuation of these ordinances so that they (the PMT) could
contemplate further on the above matters; and, perhaps, suggest
some changes prior to enactment of the ordinances.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board has not been involved in the above
situation. Depending upon the content of the recommendations
from the PMT, it mayor may not be appropriate for referral to
the Planning and Zoning Board.
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City Commission Documentation
Public Hearings, Second Reading of Ordinances Pertainint to the
In-lieu Parking Fee Program and Parking Requirements in the CBD
Page 2
R E COM MEN D E D ACT ION:
Hold the public hearings and defer action for two weeks.
During this period it is anticipated that the PMT will provide
specific recommendations as to the disposition of the item
identified above; and, other items which may be raised during
the public hearing process.
c:
Chris Brown, Director CRA/PMT Coordinator
Susan Ruby, City Attorney
David Tolces, Asst City Attorney
OJK/CCCBOPK.OOC
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ORDINANCE NO. 63-93
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF i
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING !
REGULATIONS" SECTION 4.4.13 "CENTRAL BUSINESS (CBD)
DISTRICT" , SUBSECTION 4.4.13 (G) "SUPPLEMENTAL I
DISTRICT REGULATIONS", OF THE LAND DEVELOPMENT I
REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF I
DELRAY BEACH, FLORIDA, TO CLARIFY THE PARKING
REQUIREMENTS FOR THE CENTRAL BUSINESS DISTRICT,
PROVIDING A SAVING CLAUSE, A GENERAL REPEALER I
CLAUSE, AND AN EFFECTIVE DATE.
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WHEREAS, pursuant to Section 1.1.6 of the City of Delray
Beach Land Development Regulations, the Planning and Zoning Board
reviewed the proposed revisions at its meeting of October 18, 1993, !
and forwarded this revision to the City Commission with a I
recommendation of approval; and, I
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WHEREAS, pursuant to Florida Statute 163.3174(1)(c), the I
Planning and Zoning Board, sitting as the Local Planning Agency, has t
determined that this ordinance is consistent with the objectives and I
policies of the City of Delray Beach Comprehensive Plan.
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE ,
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CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: !
Section 1. That Chapter 4, "Zoning Regulations", Article 4.4 I
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"Base Zoning District", Section 4.4.13 "Central Business (CBD)
District", Subsection 4.4.13(G) "Supplemental District Regulations",
of the Land Development Regulations of the Code of Ordinances of the
City of Delray Beach, Florida, be, and the same is hereby amended to
read as follows:
(a) Within that ~ortion of the DDA bounded by
Swinton Avenue on the west. North 1st Street on the
north. the Intracoastal Waterway on the east and
South 1st Street on the south. parkinq requirements
shall aP9ly to new floor area only. Chanqes in use
shall not be required to provide on-site parkinq.
The parking required for the creation of new floor
area shall be at the rate of one space for each 300
square feet, or fraction thereof, of floor area in
addition to the replacement of any previously
required parking which may be eliminated. Within
all other geographic areas of the CBD
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Zone District. the provisions of Section
4.6.9(C) shall apply.
(b) ?t~lt~t~~~/t~tl_~~~~~~~_~t~glt~~~tt~~/~_t~t~g
~ttf~t~~ _t~ ~-~~ t~ ~~~~t~~ "J~J~I~IJ
After January 1. 1994. when the parking
requirements of Section 4.6.9(C) are applied
to either new development or a change in use.
said parking requirements shall be reduced by
one parking space. This reduction may only
occur once.
(c) If it is impossible or inappropriate to
provide required parking on-site or off-site,
pursuant to Subsection fr;,1 f1-1 '(Jl1 i
4.6.9(E)(4), _~~/~~~~/_~~t~1_~/~~~t~~t/'(Jt/~~~ I
C/.t~t C/.~~~t~~t~~1 - t~~ ~_t~ t~f~t~~ ~t
pt~1t~t~~ ~~~ t~Slt~tt~~ p_t~t~~ ~_t '(J~
~~~~~~~~~J 1~~ -~~~~~ ~t ~~~~ t~~ t~
~~~_'(J~t~~~~ _~ $~1~~~ p~t ~P_~~J ~~~~
~_t~~~~/~~~~/'(J~/~_~~/ptt~tll~~/t~~~_~~~/~tl_
'(J~t~~t~~/~~t~t~/_~~/~~~~/t~~~~/~~_~~/'(J~/~~~~
~~~t t~t ~~~ p~tp~~~ ~t pt~1t~t~g ~t
~~~_~~t~~ p_t~t~~ ~pp~t~~~t~t~~ t~ ~~~ C/.~~J I
the in-lieu fee option provided in Section
4.6.9(E)(3) may be applied.
1~~ pt~1t~t~~~ ~t ~~t~ ~~'(J~~~~t~~ f~1 ~~_~~
'(J~ _~~~t~~ ~~~t t~ ~~_~ p~t~t~~ ~t ~~~ C/.~~
~~t~~/t~/~~~~/~t/~~~/~~~t.~~_~~.~/W.~~t~.tJ
Section 2. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 3. That all ordinances or parts of ordinances which
are in conflict herewith are hereby repealed.
Section 4. That this ordinance shall become effective
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.
-2- ORD. NO. 63-93
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MAY 0 R
ATTEST:
Acting City Clerk
First Reading
Second Reading
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: CD4VID T. HARDEN, CITY MANAGER
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FROM: DAVID J. KOVACS, DI~
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF OCTOBER 26, 1993
LDR TEXT AMENDMENT , CBD PARKING REGULATIONS AND THE
IN-LIEU OF PARKING FEE
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval on first reading of two ordinances amending the
LDRs with respect to:
* the general provisions dealing with In-Lieu of Parking
Fees; and,
* parking requirements in the Central Business District.
Two ordinances are being considered due to the difference
in subject matter. However, the P&Z review and this staff
report deals with totality of the subject.
B A C K G R 0 U N D:
The Parking Management Team (PMT) developed recommendations
regarding the subject matter. Those recommendations were
presented to the City Commission, who then referred them to the
Planning and Zoning Board. Please refer to the attached P&Z
Board staff report for further background information and an
analysis of the proposed changes.
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PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at its
meeting of October 18th. There was no public comment. The
Board forwarded the proposed amendments to the City Commission
with a unanimous recommendation (7-0) of approval.
City Commission Documentation
CBD Parking Regulations and the In-Lieu of Parking Fees
Page 2
R E COM MEN D E D ACT ION:
By motion, approval of each of the amending ordinances on first
reading and establish ,-.;j second reading and public hearing
consideration for November 9, 1993.
Attachment:
* Ordinances prepared by others
* P&Z Staff Report & Documentation of October 18, 1993, and
its attachments.
DJK\CC-LIEU
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PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
FOR
L.D.R. AMENDMENTS
MEETING DATE: OCTOBER 18, 1993
AGENDA ITEM: IV.D.
SUBJECT: PARKING REQUIREMENTS IN THE CBO AND IN-LIEU
FEE PROVISIONS
LOR REFERENCE: 4.4.13(G)(1)(a) CaD Parking Requirements
4.4.13(G)(1)(b) off-site parking in CBD
4.4.13(G)(1)(c) In-lieu fee in the caD
4.6.9(1)(3) In-lieu fee, general provisions
4,4. 24(G-) (l2) 09S\\A-1) I ON!. ~ ~ ~c:L.+ ~ L
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 proposed
modifications to the Cityls Land Development Regulations
( LDRs) . The affected sections are listed above and pertain
to the subject of parking in the CBD and application of the
in-lieu parking fee.
Pursuant to LOR Section 1.1.6, no amendment may be made
until a recommendation is obtained from the Planning and
Zoning Board.
Pursuant to F.S. 163.3194(2), the Planning and Zoning Board
is to review the proposed amendment with respect to its
relationship to the adopted Comprehensive Plan of the City.
BACKGROUND
The subject of ceo parking and the in-lieu parking fee has a
long history. Confusion and controversy on these subjects lead
to the appointment, by the City Commission, of a parking Study
Committee. That Committee issued the Ma.ter Parking Plan in -
June, 1993. Subsequently, as recommended in that Plan, the
Parking Management ~eam (PNT) :was created.
Two of the items discussed in the Plan were parking requirements
in the ceo and OSSHAD, and the in-lieu parking fee program.
With recent amendments to the OSSHAD Zone District, adjustments
were made to parking requirements; and the in-lieu fee was made
applicable therein. With respect to the other issues (CBO
regulations and the in-lieu fee) , they were taken under
advisement by the PMT.
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The PMT has completed ~~tlr~}ew and forwarded a recommendation
to the City Commission. . In turn, the Commission has formally
referred the matter to the Planning and Zoning Board for formal
analysis, hearing, and recommendations. Attached is the City
Commission documentation, the formal recommendation of the PMT,
and excerpts from the Maater Parking Plan.
IV.D,
Planning & Zoning Board Memorandum Staff Report
Parking Reguirements in the CBD & In-lieu Fee Provisions
Page 2
PRO P 0 S ! DAM END MEN T
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A N A L-Y S 1 S
LDR REFERENCE: 4.4.13(G)(1)(a) CBD Parking Requirements
(a) Within the area encompassed by the boundaries of the
DDA as oriqinally established in Section 8.2.2(B),
parkinq requirements shall apply to new floor area
only. Changes in use shall not be required to provide
on-site parking. The parking required for the
creation of new floor area shall be at the rate of one
space for each 300 square feet, or fraction thereof,
of floor area in addition to the replacement of any
previously required parking which may be eliminated.
Wi thin all other geographic areas of the CBD Zone
District, the provisions of Section 4.6.9(C) shall
apply.
Analysis: The above change places the parking requirements for
the CBD back to what they were prior to adoption of the LDRs in
October, 1990. It is generally acknowledged that expansion of
the previously existing parking provisions for the DDA/CBD area
was not to extend to the expanded CBD.
LDR REFERENCE: 4.4.13(G)(1)(b) Off-site parking in CBD
(~1 't~II.I~~. f~t ~tt~~~~atl~. t.~lt.~ patXI~t ~fff.It.
~t. ~~~. I~ 8.ttl~~ '1'1'(11'
1Bl Whenever the parking requirements of Section 4.6.9(C)
apply to new development or a change in use after
January 1, 1994, such requirements shall be diminished
by one parking space on a one time basis.
AnalysiS: The existing subsection (b) is not needed and can be
deleted. The replacement subsection (b) implements a specific
recommendation from the PMT. It is self-explanatory.
LDR REFERENCE: 4.4.13(G)(1)(c) In-lieu fee in the CBD
(c) If it is impossible or inappropriate to provide
required parking on-site or off-site, pursuant to
Subsection ('" (II (~11 4.6.9 ( E) ( 4), ~~~ Jlfp~Jl ~ppttJl4Z
tK_t.ef ~t tK. ~Itt ~e"f.sf~JlI , f._ paId IJlfZf.Jlf ef
pttJll~fJlt tK. te,JlfIte~ patXIJlt ~4t ~. tellett.dl TKe
'~eJlfJlt et s~tK f.. Is ..t'~ZI.K4d a. '2/188 p.t .p't41
814tK p'tltellt a\14.t ~_ ~'d. ptlet te f..144Jlt. ef ,
~14lldIllt p.ta\lt '~d .14tK f14lld. sKal1 ~. ..ed e~lt fet
tK_ p14tpes_ et ptelldfJlt et _JlKaJltfJlt p'tXfJlt
eppett14Jlftfe. f~ tK_ ~BI' the in-l'ieu fee option
provided in Section 4.6.9(E)(3) may be collected.
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Planning , Zoning Board Memorandum Staff Report
parking Reguirements in the CBD , In-lieu Fee Provisions
Page 3
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1Me ;t~1l~l~n~ ~t tMl~ 8~>>~ettl~~ ltl ~MaZZ >>e a;;Zled
~nZt In tHat ;~ttl~~ ~t tKe tlJ wKltM l~ we~t ~t tMe
tnttat~a~taZ WatetwatJ
Analysis: The change in wording is consistent with that which
was adopted when amendments were made to OSSHAD. Instead of
having specific provisions within a zone district, they are all
contained in the Supplemental Regulations and a reference is
provided.
LOR REFERENCE: 4.6.9(E)(J) In-lieu fee, general
provision ~
(3 ) In-lieu Fee: If it is impossible or ~ppropriate to
provide the required number of on-site parking spaces,
and upon approval thereof by the City Commission, the
payment of a fee in-lieu of providing such required
parking, or any part thereof is allowed pursuant to
the followinq provisions.
1!l This provision shall be applicable only in the
CBD and OSSHAD Zone District!., pursuant to the
Supplemental District Regulations provisions
therein.
ill All proceeds from such a fee shall be used for
parking purposes.
ill The fee is hereby established at '2/18. $6,000
per space. .~tK Arrangements for payment must be
made prior to issuance of a building permit.
ill The in-lieu fee may be paid at one time or in
installments. Installment payments may be made
over a nine year period in ten payments. The
first payment would be due upon signing the
installment agreement. The remaining nine
payments would be due annually. No interest is
to be charged during the first three (3) years.
Beginninq in year four of the payment schedule, a
simple interest rate of 5' per annum will apply
to the unpaid balance and be added to payments
five through ten.
Analysis: The Section is re-formatted in order to accommodate
the additional provisions. The change in the amount of the
in-lieu fee is self-explanatory. Please refer to the PMT
documentation (attached) with respect to the cost of providing
on-site parking. The new subsection (d) implements one of the
recommendations from the PMT. It is self-explanatory.
Planning , Zoning Board Memorandum Staff Report
Parking Reguirements in the CBD , In-lieu Fee Provisions
Page 4
LOR REFERENCE: 4.4.24(G)(6) NEW (OSSHAO)
ill Whenever the parking requirements of Section 4.6.9(C)
apply to new development or a change in use after
January 1, 1994, such requirements shall be diminished
by one parking space on a one time basis.
Analysis: This new subsection implements one of the
recommendations of the PMT as it pertains to OSSHAD. The
reduction (waiver) provision is made universally as opposed to
applying it to projects of a certain size or intensity since the
demand for parking applies to the first required space. The
intent of the reduction (waiver) to allow owners with low
capital access to make improvements without incurring
disproportionate costs.
ASS E SSM E N T
There is no direct reference to the subject matter (addressed by
these proposed amendments) in the Comprehensive Plan. However,
the proposed changes are in keeping with the recommendations of
the PMT. They reflect an up-dating of our regulations regarding
the in-lieu fee provisions and correct an inappropriate
amendment which was enacted in 1990.
REV I E W B Y o THE R S
The PMT is comprised of representatives from the. CRA, the DDA,
the Chamber of Commerce, the DNA, and other groups which may be
impacted. Through those representatives, the respective
agencies and groups are to have been kept informed of the
proposed amendments. The subject was reviewed by the City
Commission on September 28, 1993, at which time additional
public exposure was provided.
A L T ERN A T I V E ACT ION S
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1- Recommend denial, in whole or in part, in that the proposed
amendments are not appropriate. Specifically with respect
to (identify the specific item which is not to be
recommended for enactment).
2. Recommend approval based upon a finding that the proposed
modification is not inconsistent with the Comprehensive
Plan.
3. Continue with direction.
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Planning & Zoning Board Memorandum Staff Report
Parking Reguirements in the CBD & In-lieu Fee Provisions
Page 5
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R E COM MEN 0 E 0 ACT ION
By motion: forwarded the specific LOR Section modifications as
contained herein with a recommendation of approval based upon a
finding that the r~ not inconsistent with the Comprehensive
Plan.
Report Prepare Date: ..tn.4--
Attachments:
* City Commission Documentation of September 28, 1993
* PMT (CRA letterhead) Recommendation Letter (9/17/93) with
Support Memo
* Excerpts from the Master Parking Plan, Items LD.! & LD.2
DJX/PZXNLXEU.DOC
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: GAVID T. HARDEN. CITY MANAGER
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FROM: DAVID J. K~CS. DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF SEPTEMBER 28, 1993
RECOMMENDATIONS FROM THE PARIUNG MANAGEMENT TEAM ( PMT)
RE: IN-LIEU FEES AND PARKING REGULATIONS IN THE CBD
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
referring recommendations for altering the LDRs to the
Planning and Zoning Board.
The recommended changes pertain to:
. the amount of the in-lieu parking fee
. manner of collecting the in-lieu fee
. a minimal waiver provision
. the basis upon which the parking requirement is
established (from an added area to a use basis)
These changes affect property wi thin the Central Business
District (CaD) Zone District.
SAC K G R 0 U N D:
The Parking Management Team (PMT) has set about the task of
review and implementation of the Master Parking Plan. Pursuant
'to direction recently provided by the City CommiSSion they have
specifically addressed matters dealing with the in-lieu parking
fee and the basis for determining parking requirements in the
CBD. These subjects are addressed on pages 30 and 31 of the
Master Parking Plan. They are also referred to as items LD.l
and LD.2 in the Plan.
ay a letter of september 17th, the PMT has forwarded its request
for changes to the Land Development Regulations as they pertain
to LD.l and LD.2. A copy of the letter is attached.
This matter has been placed before the City Commission, at this
time, in order to achieve the following:
a) to give the City Commission the opportunity to be
aware of, and to comment or seek additional
information on the subject prior to formal review;
and,
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City Commission Documentation '.
In-lieu Fees and Parking Regulations in the C.B.D.
, Page 2
b) to provide exposure to the general subject so that the
affected public will be able to provide informed
testimony at the Planning and Zoning Board hearing
(tentatively scheduled for OCtober 18, 1993).
R E COM MEN D E D ACT ION:
Comment as desired and then, by motion, refer to the Planning
and Zoning Board for formal review and findings as an amendment
to the LDRs.
Attachment:
* CRA (PMT) letter of September 17, 1993
DJX!CCLlav
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,. -.. Community
'-U Redevelopment
-a Agency
Delray Beach
September 17, 1993
Parking Management Team Members:
Kevin Egan (Chairman) - CRA
Alan Armour - DDA
Frank Wheat -P&Z
Barbara Smith - City Commission
Bruce Gimmy - Cwnber of Commerce
Donald Hormby - DDA Area
Monty Helm - Commercial Beach Area
loretta McGhee -West Atlantic Avenue Area
Armand Mouw - Expanded CBD Area
Joe Gillie - OSSHAD Distrid
David T. Harden, City Manager
City of Dekay Beach
100 N,W. 1st Avenue
Delray Beach, Florida 33444
Dear Dave:
At its Special Meeting of September 1S, 1993, the Parking Management Team (PMl)
discussed parking requilements and in-lieu parking fees in the CBD and OSSHAD Zoning
Districts, With regard to these issues, the Team voted to request that the following changes be
made to the Cityls Land Development Regulatioas,
1. The In-UeuParking Fee, which may be permitted in CBD and OSSHAD should
be increasc:d to Six Thousand DoUars ($6,000).
2. AD iDstaUment payment plan should be added as an optional method of payment
of the In-Lieu Parking fee. 'Ibis plan would allow payment over a nine-year
period in ten (10) installments. The first installment would be due upon signing.
The remaini"g Dine installments would be due annually. No interest would accrue
during the first 3 years. Beginning in year 4 of the payment schedule, a simple
interest rate of S% per annum would be applied to the unpaid balance and added
to payments S through 10.
3. The off-streetparking requilements for new construction and changes of use in the
expanded CBD area (i.e. the portion of the CBD located area north of N.E. 1st
Street, south of S.E. 1st Street aud east of the Int:raroastal Waterway) should be
· based on use criteria' )~. .. ~\'I-7 4.6.9 01(-5_ Pukins
t...rrl, . . . r'
I~~~;,l i..- ,,- 1
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207 E. Atlantic Avenue. Defray Belch, FL 33444 (407) 278-8840 / FIX (407) 278-8558
PLANNING &. ZON1NG
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Regulationsll, in the City's Land Development Regulations.
4. When new development or changes of use (where applicable) in the CBD or
OSSHAD zoning districts require additional parking spaces, a waiver of the first
additional parking space shall be permitted,
The Parking Management Team requests that this letter be submitted to the City
Commission for accep~oe. If the City Commission cooa.ars, these recommendations should
then be forwarded to the Planning & Zoning Board for review aDd actiOD.
If you or ~y of the City Commissioners have any questions or comments concerning this
request, please forward them to the CRA office so that we can discuss them at the next PMT
meeting.
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attachments
cc: David Kovacs, PlAnning & Zoning Director
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MEMORANDUM
TO: Pmlng Management Team Members
FROM: ChrIalopher J. Brown ~
Community Redevelopment Agency
DATE: Septefnl:* 15, 1993
SUBJECT: In-Ueu PartIng F...
L Background
M Its September 21 1993 Workshop the P8It<Ing Management Team (PMl). considered
adJusUng the In-Deu parking fees charged In the ceo and OSSHAD zoning dIstrfds.
CUrrently the fee Is $2.soo per space. The PMT requested that starr prepare an analysis
,. outUnlng the following:
. Typical land costs In the various parts of the caD and the OSSHAO areas.
1.
2. Typical parking lot construction costs for small and medium sized Iota.
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I. Land Co_
The CRA has been Involved In numerous land acquisitions In the caD and OSSHAD
districts and has been In contact with private Investors who have recentty purchased
property In these areas. In summary, land costs are outlined as fol1ows:
Area Land eoll Land Coat Per
Per Square Foot Parking Space
East AdanUc Avenue - Commercial Beach Area $10.00 10 25.00 $4.000 to $10.000
(1ntracoastallo AlA)
East AtlanUc Avenue $8.00 10 $15.00 $3.200 to $6,000
(Federal Highway' to IntrecoastaQ
East AtIanIIc Avenue $6,00 to $8.00 $2.400 to $3,200
(SwInton Avenue to Federal Highway)
NE & SE Avenues (FIrst Block) $4.00 10 $5.50 $1,600 to $2,200
NE & SE Avenues - Expanded CBo $1.75 10 $4.00 S700 to $1,600
(2nd to 4th Blocks)
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Memorandum
To Pal1dng Management Team
September 15,1993
Page 2
III. Parking Lot ConatructJon eo..
The eRA construCted a 29 space paI1<lng lot at the northwest comer of NE 1 at Avenue
and NE 2nd ~ In March, 1993. The total cost of this lot, Including land was S 1231702
Of' $ 4266 per space. The total constlUctfon cost of the lot was $891850 or $3,091 per
space. The lemlzed construction cost components are Dsted In the folJowfng table.
ITEM Coat
engineering, Landscape Architecture & SUrveying $10,000
Grading, Paving and DraInage $21,500
.. .
. Decorative Paving & CUrbing $10,500
landscaping $14,200
- Irrigation $4,600 -
Water Meter installation $1,860
Ught Flxtures. Wiring and EIectrk:aI Service $20,000
Street Furniture $1,000
Signage $1,000
Oth<< $5,000
rY. Bottom line
Utilizing estimated land cost from the first table and the actuaJ construction cost from the
second tabIe,lhe cost of alU~ part<lng lot ranges from a low of $ 3,791 per space In
the expanded ceo wea to a high of S 13,091 per space, In the commercial beach area.
Accordingly, there 8ppe8I'I to be adequal8 justiftcatlon to Increa.. the In-lieu fee to
$8.000 per apace.
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. REGULA TIONS
~....,. , III.
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V The PSC has identified several options which address the LOR and
handicap pari<ing regulation issues.
III. A. LOR MODIFICATIONS (LO)
LD.1. Pari<inq Re<Juirement Modification Proqram
LD. 1. a. Apply different parking requirements in the C8D for
residential land u;e which must be accompanied by a change of use
provision. The uniform cao parking rtquirement unfairly penalizes
mixed-use projeots. since residential property generates about 1 1/2
. spaces per one-bedroom apartment not 3.3 spaces per 1,000 s.f,
LO. 1. b. Apply CaD parking requirements In the OSSHAO. The
parking characteristics of the OSSHAD and its overall proximity to the
Downtown Area seem to warrant the less stringent CaD parking
- . _. . - .. ~ - .. -_.- -.' -.. - ------ .
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LO, 1. c. Remove the Expanded CaD Area from the special CaD
~"~'"J. parking requirements. The paI1<ing characteristics of the Expanded CaD
~", J' b Area are not like the Downtown Area. so that the more stringent citywide
w: >f ~~ parking requirements based on rand use seem more appropriate.
~~; ~ ~
C\ '"J..~ ~ LD. 2. In.Li~u Fee Pr09ram Modilication
&- ,;;.;y LO, 2. a. Deposit the in-lieu fee proceeds and interest Into a
I..~ ~.~ Parking Trust Fund.
~ LO. 2. b. Apply the in-lieu fee option in the OSSHAO,
LO. 2. c. In the future. increase the in-lieu fee to $4.000 (or more) to
reflect the actualsost of par1<ing. The cost of new surface parking spaces
. ranges from $4.100 to $4.700.
LD. 2. d. Provide an in-lieu fee -extended payment plan" of $400 per
space per year for 10 years. (based on $2.500 with 9.6% interest) The
up-front. lump-sum fee may discourage redevelopment.
.
LO. 2. f. Waive the in-lieu fee for small projects, The in-lieu fee can
.
discourage small renovation projects which help revitalize the CSo.
. 'vVaive the fee for expansions Jess than 600 s.f. This option walyes
~
...." 2.0 spaces for small expansions.
~ . Waive 2.0 parking spaces required by the in-lieu fee. This option
. ~'io~' waives 2.0 spaces for everyone regardless of expansion size.
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MEMORANDUM 1
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TO: MAYOR AND CITY COMMISSIONERS I
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CITY MANAGER ffJV \
FROM: I
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SUBJECT: AGENDA ITEM # - MEETING OF NOVEMBER 9. 1993 I
ORDINANCE NO. 64-93 I
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DATE: November 3, 1993 I
This is the second reading of an ordinance amending Section 4.6.9, \
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"Off Site Parking Regulations", of the Land Development Regulations by I
amending Subsection 4.6.9 (E), IlIn Lieu Feell, to revise the in lieu :
parking fee general provisions, and to revise the in lieu parking fee I
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to $6,000 per space.
The proposed changes encompass the recommendations of the Parking I
Management Team and increase the in lieu of fee to meet fair market J
value for the construction of parking spaces. I
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The Planning and Zoning Board at their October 18th meeting I
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recommended approval. A detailed staff report is attached as backup I
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material for this item.
At the October 26th regular meeting, Ordinance No. 64-93 passed on
first reading by a 4 to 1 vote (Mayor Lynch dissenting).
Recommend approval of Ordinance No. 64-93 on second and final reading.
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ORDINANCE NO. 64-93 I
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF ,
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING '
REGULATIONS", SECTION 4.6.9, "OFF SITE PARKING
REGULATIONS", OF THE LAND DEVELOPMENT REGULATIONS OF
THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, BY AMENDING SUBSECTION 4.6.9(E), "IN LIEU I
FEE", TO REVISE THE IN LIEU PARKING FEE GENERAL
PROVISIONS, TO REVISE THE IN LIEU PARKING FEE TO
$6,000 PER SPACE, PROVIDING A SAVING CLAUSE, A I
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach finds
that the current in lieu parking fee of $2,500 per space is insufficient
to raise funds for the construction of additional parking in the Central
Business and Old School Square Historic Arts Districts; and
WHEREAS, pursuant to Section 1.1.6 of the City of Delray Beach
Land Development Regulations, the Planning and Zoning Board reviewed the
proposed revisions at its meeting of October 18, 1993, and forwarded
this revision to the City Commission 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 this ordinance is consistent with the objectives and
policies of the City of De1ray Beach 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 4.6.9, 1I0ff-street Parking
Regula tions" , Subsection 4 . 6 . 9 (E) , "In Lieu Fee II , of the Land
Development Regulations of the Code of Ordinances of the City of Delray
Beach, Florida, be, and the same is hereby amended to read as follows:
(3) In-lieu Fee: If it is impossible or
inappropriate to provide the required number
of on-site parking spaces, _~~ ~~~~ _~~t~y_~
t~~t~~t/~t the City Commission may approve I
the payment of a fee in-lieu of providing
such required parking, ~t _~t p_tt t~~t~~t t.
_~~~W~~ pursuant to the following provisions:
Lal 1~t./pt~yt.t~~/.~_~~/~~/_pp~t~_~~~
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MAY 0 R
ATTEST:
Acting City Clerk
First Reading
Second Reading
-3- ORD. NO. 64-93
'f
,
w ..t
~~~i/t~/~~~/~~~/~~~/~$$~~~/~~~~
~t.ttt~t.' w~t.~_~t t~ The in lieu fee
is only authorized in the CBD or OSSHAD
Zoning Districts in compliance with the
Supplemental District Regulations
provisions therein.
iDl The fee is hereby established at
$~':i3~~ $6.000 per space, $14~~
Arrangements for payment ~~_t shall be
;n_~~ wtt~t t~ t__~_~~~ ~t _ l6~t~~t~9f
w~t;nt~ approved by the City Commission
at the time of the approval of the in
lieu fee.
(c) All proceeds from such a fee shall
be used for parking purposes.
idl The in-lieu fee may be paid at one
time or in installments. Installment
payments may be made over a nine year
~eriod in ten payments. The first
payment would be due upon signing the
installment agreement. The remaining
nine payments would be due annually. No
interest is to be charged during the
first three (3) years. Beginning in
year four of the payment schedule. a
simple interest rate of 5% per annum
will apply to the unpaid balance and be
added to payments five through ten.
Section 3. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 4, That all ordinances or parts of ordinances 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.
- 2 - 0 RD. NO . 6 4 - 9 3
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MEMORANDUM I
TO: MAYOR AND CITY COMMISSIONERS I
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CITY MANAGER[J/v'!
FROM:
SUBJECT: AGENDA ITEM # IO~ - MEETING OF NOVEMBER 9. 1993
,
ORDINANCE NO. 66-93 I
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DATE: November 3, 1993
This is the second reading of an ordinance amending Section 4.4.24,
"Old School Square Historic Arts District ( OSSHAD) , of the Land
Development Regulations to provide for a reduction in the parking
requirements for new development or change in use subsequent to
January 1, 1994.
This proposed change encompasses the recommendation of the Parking
Management Team.
The Planning and Zoning Board at their October 18th meeting
recommended approval.
At the October 26th meeting, Ordinance No. 66-93 passed on first
reading by a 5 to 0 vote.
Recommend approval of Ordinance No. 66-93 on second and final reading.
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ORDINANCE NO. 66-93
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING
REGULATIONS", SECTION 4.4.24, "OLD SCHOOL SQUARE
HISTORIC ARTS DISTRICT (OSSHAD)", OF THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF
THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING
SUBSECTION 4.4.24 (G) , "SUPPLEMENTAL DISTRICT
REGULATIONS", TO PROVIDE FOR A REDUCTION IN THE PARKING
REQUIREMENTS FOR NEW DEVELOPMENT OR CHANGES IN USE
SUBSEQUENT TO JANUARY 1, 1994j PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
WHEREAS, pursuant to Section 1.1.6 of the City of Delray Beach
Land Development Regulations, the Planning and Zoning Board reviewed the
proposed revisions at its meeting of October 18, 1993, and forwarded
this revision to the City Commission with a recommendation of approvali
and,
WHEREAS, pursuant to Florida Statute 163.3174(1)(c), the
Planning and Zoning Board, sitting as the Local Planning Agency, has
determined that this ordinance is consistent with the objectives and
policies of the City of Delray Beach 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 4.4.24, "Old School Square Historic Arts
District (OSSHAD)", Subsection 4.4.24(G), "Supplemental District
Regulations", of the Land Development Regulations of the Code of
Ordinances of the City of Delray Beach, Florida, be, and the same is
hereby amended to read as follows:
(6) After January 1. 1994.' when the oarking requirements of
Section 4.6.9(C) are applied to either new development or
a change in use. said parking reouirements shall be
reduced by one parking space. This reduction may only
occur once.
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 C!-ffect 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 this day of
I 1993.
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
-2- ORD. NO. 66-93
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS I
FROM: CITY MANAGERt1r1
SUBJECT: AGENDA ITEM # 12.. A - MEETING OF NOVEMBER 9, 1993
ORDINANCE NO. 55-93
I
DATE: November 5, 1993
This is the first reading of an ordinance amending Chapter 52,
"Water" , of the Code of Ordinances to provide for miscellaneous text
revisions, increasing water deposits for tenants, changing water rate
structure to an inverted block schedule, establishing a Conservation
Surcharge and adding fees for various services.
At the November 2nd workshop meeting, the Commission gave direction
with regard to modifying the Conservation Surcharge. Following that
direction, Ordinance No. 55-93 was modified to reduce the surcharge
and to make it applicable to everyone.
It is important that we proceed with the adoption of the inverted
block rate structure and a Conservation surcharge in order to get
permits for the Morikarni Wellfield.
Recommend approval of Ordinance No. 55-93 on first reading. If
passed, public hearing November 23rd.
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COMPARISON RESIDENTIAL WATER BILL
Present Ra.te - Proposed Rate
% Change
USAG PRES ~ INC1 USAGE PRES PROP INC/I
000' RATE RATE -DEC OOO'S RATE RATE -DECl
-- I
1 $10,26 $1 0,17 -0.88% 28 $39.69 $40.17 1,21 %
2 11,35 11,17 -1.59% 29 . 40.78 41.37 1.45%
3 12.44 12.17 -2.17% 30 41.87 42.57 167%
4 13,53 13.27 -1.92% 31 42.96 43.77 1.89%
5 14.62 14.37 - 1.71 % 32 44.05 44.97 2,09%
5 15,71 15.47 -1.53% 33 45,14 45.17 2.28%
7 16,80 16.57 -1.37% 34 45.23 47.37 2,47%
8 17.89 17.57 -1.23% 35 47.32 48.57 2.64%
9 18.98 18.77 -1.11% 36 48,41 49.77 2.81%
10 20.07 19.87 -'1,00% 37 49,50 50.97 2.97%
11 21,16 20.97 - o. 90% 38 50,59 52,17 3.12%
12 22,25 22.07 -0,81 % 39 51,58 53.37 3,27%
13 23,34 23.17 -0.73% 40 52,77 54.57 3.41%
14 24.43 24,27 -0.65% 41 53.86 55.77 3.55%
15 25.52 25,37 -0.59% 42 54.95 55.97 3.68%
HI 26.61 26.57 -0.15% 43 56.04 58,17 380%
17 27,70 27.57 -0.47% 44 57.13 59.37 392%
18 28.79 28.67 -0.42% 45 58.22 60.57 4,04%
19 29.88 29.77 -0.37% 46 59,31 61.77 4,15%
20 30,97 30.87 -0.32% 47 60.40 62.97 4,25%
21 32.06 31,97 - 0,28% 48 61 .49 64.17 436%
22 33,15 33,07 - 0.24 % 49 52.58 55.37 446%
23 34,25 34.17 -0.23% 50 63.67 65.57 455%
24 35.33 35,37 0,11 % 55 69.12 72.57 499%
25 35.42 35.57 0.41% 50 74,57 78,77 5.53%
25 37,51 37.77 0.69% 70 85.4 7 91.77 737%
27 38.60 38.97 0.95% 75 90,92 98,27 808%
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CUMUtATIVE BIttED OSAGE
MotTl-fAMILY EICLUDED
(1) (2) (3) (4) (5) (6) (7) (8)
CUlulative Total Use of CUI. Ose of Total Use All CUlulati,e CUlulati,e
Osage Block . Bills Bills thru Bills stopping Bills stopping bills passing Billed Osage Billed Osage
(GAt in block Block in Block [GAL in Block (GAt thru Block [GAL Percent (X)
-..-----------------------------------------------------------------------.---------------------.----.----.----
o 90 152,550 0 0 0
1 8,068 152,460 8,068 8,068 144.392 152,460 6.51
2 10,848 144,392 21,696 29,764 207,088 296,852 12.6%
3 12,454 133, 5H 37,362 67.126 363,270 430,396 18. 3l
4 13,661 121,090 54,644 121,770 429,716 551,486 23.51
5 12,987 107,429 64,935 186,705 472,210 658,915 28.01
6 11,021 94,442 66,126 252,831 500,526 753,357 32.01
7 9,540 83,421 66,780 319,611 517,167 836,778 35.61
8 1,904 13,881 63,232 382,8U 521,816 910,659 38.11
9 6,455 65,977 58,095 440,938 535,698 976,636 41.51
10 5,330 59,522 53,300 494,238 541,920 1,036,158 H.l1
11 4,518 54,192 49,698 543,936 546,414 1,090,350 46.41
12 3.834 49,674 46,008 589,944 550,080 1,140,024 48.51"
13 3,327 45,840 43,251 633,195 552,669 1.185,864 50.41-
14 2,816 42,513 40,264 613,459 554,918 1.228,311 52.21
15 2,521 39,637 37,815 111,274 556,140 1,268,014 53.91
16 2,280 37,116 36,480 141,754 551,316 1,305,130 55.51
17 2,130 34,836 36,210 183,9U 556,002 1,339,966 51.01
18 1,970 32,706 35,460 819,424 553,248 1,312,672 58.41
19 1,731 30,736 33,003 852,427 550,981 1,403,408 59.71
20 1,621 28,999 32,540 884,961 541,440 1,432,401 60.91
21-25 6,431 21,372 160,925 1,045,892 523.375 1,569,261 66.7S
26-30 4,567 20,935 131,010 1,182,902 491,040 1,613,942 71.21
31-50 9,351 16,368 374,040 1,556,942 280,680 1.831,622 18.21
SHOO 5,054 1,011 319,050 1,935,992 141,225 2,083,211 88.61
101-250 1,511 1,963 302,200 2,238,192 90,400 2,328,592 99.01
>250 452 452 113,000 2,351,192 0 2,351,192 100.01
152,550 (1) Osage blocks
,1 (2) IUlber of bills generated last Jear lithin block
~ (3) CUlulative bills in blocki i.e. 152,350 accounts vere billed for'
~~~: at least 1,000 gallons of vater.
SOUICI: i:--< (4) Collin (1) tiles COlUID (2)
BILL TABOLATIOR ',~ (5) CUlulati'l billed u8age lith IODthlJ usa,e </= to U8are iD block
METHODOLOGY ~ " ~ (6) Total later used withiD block iDcludinr usage i. block bJ custolers
, vhose usage exceeds the block.
Provided bJ (1) Colul. (5) plu8 COIUID (6)
Sal tanghal (8) Percent cUlulati,e billed u8lge: i.e. 18.31 of custolers use 3,000
galloDs or less.
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SCI-EDlJ..E OF INSIDE CITY WATER RATES
SURROUNDING COMMUNITIES
Residen1ial Only
City of Boes Raton - Il"'!'oIerted block rate srucu..1re
Base Ra1e -CI..1stcmer Charge $2,11 Note: All commodit'lrates
-Capacity Charge 948 are per 1,000 g.sllons
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TOTAL BASE RATE $11 .59
.
o....""MM::OITY Q-lARGE $O,~ (]\;1 - ~
0.85 25M - 50M
:})1.1 0 5CM and higher
City d 80vrTlcn Beech - In\I9I"1:ad block rate siruch.re (Effective 10i11Q3)
TOTAL BASE RATE $8,65 includes 3,C(D gallons consumption
COMMODITY a-!ARGE $1.58 4M - 6\11
1.00 7M-9M
1,75 1 or.,., - 12M
1.85 13M - 15M
, .!;'8 16l\A - 25M
2.03 28M - 5CM
2.21 51M -75M
:1)2.35 76M end higher
Broward Countv utilities - Inverted block ram sirucitre
TOTAL BASE RATE $4,21
COMMODITY a-lAR<3E $1 .41 ()VI-eM
1,70 ~ - 13M
:p2.37 13M and higher
Citv d Coral Sennas - Irrvert&d block rate siructtre
TOTAL BASE RATE $13,59
COMM::)(JITY a-tARGE 0,93 ()v1-8M
$1.~ eM and h ig,er
Citv d Deerfield Besch - Il"IV8f1Bd block rate sirucbre
TOTAL BASE RATE $6,56
CCMMODITY Q-lARGE $1.01 OM-5M
1.14 6l\f1 - 12rV1
$1,31 13M and higher
CrN OF DELRA.Y BEACH - Unifam ram siruc1ure (PRESENT RATa
Base Ra1B -Cu51Dmer Charge $1.55
-Capacity Charge 7.62
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TOTAL BASE RATE $9,17
COMM::JOITY a-lARCE $1.09 Rate per 1,CXX) gallons
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CllY OF DB...RAY BEACH - Inver1Bd block rate structure (PROPOSED RATE)
Base Rate -Cus1Dmer Charge $1.55
-Capacity Charge 7.ft2
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TOTAL BASE RATE $9,17
CCMfVlOOlTY Q-lARGE $1.00 D\II - 3rVI
1,10 4M - 2Cl\A
1,2) 21M - 35M
1,:<) 36l\II - 50M
1,~ 51 M and higher
Citv r:J Fort Lauderdale - Inverted block rate siructtre tEfI'ective 10(1 !931
TOTAL BASE RATE $6.65
COMM:JOITY a-tARGE 1,2:3 Rate per l,CDO gallons
Palm Beach Countv utilmes - Inver1Bd block rate wucb.re (Effect;...e 1011/93'1
TOTAL BASE RATE $12.30
COMMCOITY a-lARGE $0,75 OM-4M
1,3'5 5M - 1 Q\l1
$3.40 11 M and higher
Seacoast utilities - Uniform rate s1ruc:ttre
TOTAL BASE RATE $15,83
COMMCOITY a-tARGE $1.84 Rate per l,CXXl gallons
Citv r:J Win1Br Park - Inverted block rate sructLre
TOTAL BASE RATE 9.43
COMIVlOO ITY a-lARGE 0.54 Q\l1-6M
1,0:3 7M - 12M
1.54 12M and higher
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COMPARISON OF INSIDE CITY WATER BLLS
S~RO~DING C~NrrIES
5.CXXl 10,000 15.000 30,000 5O,em
Community gallons gallons gallons gallons gallons
-------- -----------------------------------.
City r:J Boca Raton $13,34 $15.09 $16.84 $24,59 $41 .84
City ct 8oyn1cn Beach 9.8'1 18,12 27.17 46.77 98.77
Brcward County Utilities 11.26 18.89 28,73 64.28 111 .68
City r:J Coral Springs 18.24 25.21 31.89 47.87 72,27
City r:J Deerfield Beach 11,81 17,18 23.39 43.17 69,37
City r:J F crt Lauderdale 12.95 19.25 25,55 44.45 69.65
Palm Beach County Utilities 16.130 22,50 40.40 91.40 159.40
Seacoast utilities 25,03 34.23 43.43 71.03 10783
City r:J WiniBr Park $12.13 $16.91 $23,65 $46.75 $77.93
DELRAY BEACH - PRESENT $14.62 $20.07 $25.~ $41 .87 $63,67
DELRAY BEACH - PROPOSED $14.37 $19.87 $25,37 $42.57 $66,57
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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
DEFINE METER SIZES USED 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
INCREASE IN COMMODITY CHARGES BY METERED CONSUMPTION, BY
ENACTING A NEW SUBSECTION (C), "EMERGENCY RATE ADJUSTMENT
FOR WATER CONSERVATION", TO PROVIDE FOR A SURCHARGE DURING
PERIODS OF MANDATED WATER RESTRICTIONS, BY REDESIGNATING
SUBSECTIONS (C) AND (0 ) TO (D) AND (E) , BY AMENDING
SUBSECTION (E) TO DEFINE A BILLING CYCLE; BY AMENDING
SECTION 52.36, "CHARGE FOR EACH TIME WATER IS TURNED ON",
TO ADD AN EXCEPTION; BY AMENDING SECTION 52.37, "TEMPORARY
USE; TAPPING CHARGES AND DEPOSIT", TO BE REDESIGNATED
SECTION 52,38; BY AMENDING SECTION 52.38, "SERVICE CHARGE
FOR AFTER HOUR CALLS", TO BE REDESIGNATED SECTION 52.37;
BY AMEND ING (NEWLY REDESIGNATED) SECTION 52.37" "SERVICE
CHARGE FOR AFTER HOUR CALLS", TO ADD THE WORDS "IF
APPLICABLE" ; BY AMENDING SECTION 52.39, "OTHER FEES", BY
ENACTING A NEW SUBSECTION (E) , "METER REREAD CHARGE", TO
PROVIDE FOR A SERVICE CHARGE FOR METER REREADS REQUESTED
BY THE CUSTOMER, BY ENACTING A NEW SUBSECTION (F) ,
"REMOVAL OF SERVICE LINE", TO PROVIDE FOR A SERVICE CHARGE
FOR THE REMOVAL OF A SERVICE LINE, BY ENACTING ANEW
SUBSECTION (G) , "REINSTALLATION OF A SERVICE LINE", TO
PROVIDE FOR A SERVICE 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 or DESTRUCTION OF A METER AND/OR
RELATED EQUIPMENT; BY AMENDING SECTION 52.50, "RENDERING
OF BILLS; WHEN PAYMENT DUB", TO DEFINE A BILLING CYCLE; BY
AMENDING SECTION 52.52, "RESUMING SERVICE AFTER
DISCONTINUANCE FOR DELINQUENCY", SUBSECTION (A) , TO
CLARIFY THE RECONNECTION CHARGE; PROVIDING A SAVING
CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE AND AN
EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY or
DELRAY BEACH, FLORIDA, AS FOLLOWSz
ORe. NO. 55-93
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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:
Water will be cut off at any time requested by the customer and
guarantee=of-payment deposit refunded upon settlement of all back charges
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
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 t~_ a residence ot/plae_
ot/~~.!ri_'./ot/a/wat_t/e~.to~_t/ot/tK'/e!tt 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
1-1/2-inch meter Users having from 21 through 40 fixtures
~~1 For users having more than 40 fixtures, the size meter shall be
determined by the City ~at_t /~_patt~_rit. (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 les8
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 Charge." , Subsection
(A), of the Code of Ordinance. of the City of Delray aeach, Florida, is hereby
amended to read as follows:
(A) Required. In addition to the meter installation charge, there
shall be connection charge. a. follow8:
ORD. NO. 55-93
'I
( 1) There shall be a water connection charge of $788 per
connection of each residential dwettLri, unit. A One residential dwettLri, unit
connection is herein defined to be any family living unit, and, where two or
more families are living on the same premises, each shall be considered as a
separate residential dwelling unit, In apartment buildings, condominiums,
cooperatives, duplexes, resort dwelling units, and the like, and per each
trailer space in a trailer park, each living unit shall be considered a
.epatai. as one residential dwettLri, unit connection.
(2 ) There shall be a nonresidential and irrigation water
connection charge which shall be based on $788 per Equivalent Residential
Connection (E.R.C.). Ari/ti_i~i/L./t~_rid/~f/dL~LdLri,/~~riiKtf/w.i.t/e~ri;~piL~ri
~f//1'~00//,att~ri.i The following water connection charges are hereby
established for nonresidential and irrigation service:
Meter Size Connection
(Inches) E,R.C. Charge
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
~~I//tK.t.//.K.tt//~.//a//~.,.i.iL~ri//w.i.t//~ei.t//e~riri.eiL~ri
tKat,./wKleK/.Katt/~./~a..d/~ri/11"/p.t/t~L~at.rii/_..Ld.riiLat/~~riri.eit~rii
Sect ion 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:
i5.~;ti
tri.tde/~Lt; 0Jii.tde/ttif
IUi00 IUiU
Deposit
Tenant Owner
Ins~.de 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, nonresidential, and *e@etat!~n irrigation:
Meter size
(Inches) Inside city Outside City
3/4 ,/UltJtJ $100.00 ./U/U $125.00
1 UltJtJ 100.00 U/U 125.00
1-1/2 ltJtJltJtJ 150.00 lU/tJtJ 156.25
2 lU/tJtJ 175.00 lUlU 218.75
3 U0/00 200.00 U1i~0 250.00
4 lU/0tJ 275.00 lUlU 343.75
6 'U/0tJ 475.00 UtlU 593.75
8 ~U/00 675.00 1U/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.
(2) "COMMODITY CHARGE." The charges calculated to cover the
costs which vary with the level of service provided, the amount of water
produced or sewage processed, which shall include, but not be limited to,
costs of personnel to operate the system, electricity, repairs, and
maintenance, and operating supplies.
(3) "CUSTOMER CHARGE." The charges calculated to cover the
costs incurred in the billing system, which shall include, but not be limited
to, costs of meter reading, recording, data processing, billing, and
collecting.
(4 ) "RESIDBNTIAL DWELLING UNIT." Antlt~lttltl~ln~/.nltllandl
wKete Itw~ I~t liliJte It~ltle~ late 11.l~ln~ I~-Ia ItKe I~~e l~teill~e~1 leatK I~Katt I~e
t~n.ldeted/A./a/.e~atatelte.lde-latlat/dwettln~/.-laltlllt-la/a~attile-lat/~.ltdl-la~.1
t~-lad~i1l-lal~'llt~~~etatl~e'lld.~teie.llte.~ttldwettl-la~/.-lalt~IIA-ladltKe/tl~ella-lad
~etleatKlttaltet/~~Atell-la/a/ttaltet/~at~lleatK/tl~l-la~1.-lalt/~Katt/~e/t~-Ia~ldeted
A l~e~atAte Ite~U.e-latlat IdweUl-la~ 1.-laltJ le;.te~t ItKat /l-la ItKe Ita~e liJt Itta~et
ttAltet/~At~.lltKt.e/tta~etlttaltetl'~ate~/~Katt/~e/t~-Ia~ldetedltK./e~l~ate-lat
~t liJ-lae Ite~lde-latlat IdweUl-la~ I.-lal'l. ItiJt l~lUl-la~ 1~.t~~e.I On. or more rooms
connected together, constituting a separat., independent hou.ekeeping
establishment and physically separated from any oth.r dwelling unit which may
be in the same structure, and which contains independent sanitation, living,
cooking and sleeping facilitie..
ORD. NO. 55-93
"
,
(B) Monthly rates. The monthly rates (except for fire hydrants
as set forth in Section 52.03) for water furnished by the water facilities
or plant of the city to customers within and outside the corporate limits
of the city, which unless otherwise indicated shall include the appropriate
customer charges, capacity charges, and commodity charges for all custom-
ers, are fixed as shown in the following schedule:
Inside Outside
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): tI~. tlU
Zero to 3,000 gallons 1.00 1.25
4,000 to 20,000 gallons 1.10 1.38
21,000 to 35,000 gallons 1.20 1. 50
36,000 to 50,000 gallons 1.30 1. 63
Above 50,000 gallons 1.50 1.88
Nonresidential and Yedei.il~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
4-inch meter 160.07 200.08
6-inch meter 355,73 444.66
Commodity charge (all metered
consumption-per 1,000 gallons): tI ~. .!..:..!Q tI 'J6 1. 38
Note: Whenever both residential and nonresidential users are on the same
meter, the capacity charge is to be computed ../It/e.tK/ri~rite.lderiilal/~'et/~ri
iKe/~ei.tlw.././t..ld.riil.l/d_.lllrif/~rili'/~t/.ll/iKe/~'et./.K.ll/~e/eK.td.d
~.'ed/~ri/iKe/ri~rite.lderiil.l/t.~.tlif/eKatfe/taie'/wKltKeiet/l./iKe/fteaiet at
the nonresidential rate.
ORC. NO. 55-93
"
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(C) Emergency Rate Adjustment for Water Conservation. During
periods of mandated water restrictions by the South Florida Water Management
District, an automatic surcharge shall be added to the commodity charge
according to the following schedule for all water used by any customer in any
one month:
Overall Reduction Percent Surcharge
Restriction Phase in Use Applied
I 15\ 5\
II 30\ 10\
III 45\ 15\
IV 60\ 20\
(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 .ervice 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.
Section 7. That Section 52.37, "Temporary U.e; Tapping Charge. and
Deposit", of the Code of Ordinances of the City of Oelray 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 of Ordinance. of the City of Oelray Beach, Florida, is
hereby redesignated to be Section 52.37.
ORn. NO. 55-93
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Section 9. That (newly redesignated) Section 52.37, "Service Charge
for After Hour Calls", of the Code of Ordinances of the City of Delray Beach,
Florida, is hereby amended to read as follows:
A charge of $40 in addition to t~e any applicable turn on/turn off
charges pet/ietilte/tall shall be made for all ~ service calli made by t~e
-/latet / ~epatt<Aent city personnel between 5:00 p,m. and 8:00 a.m. and on
Saturdays, Sundays and holidays.
Section 10. That Section 52.39, "Other Fees", Subsection (E) ,
"Meter Reread Charge", Subsection (F) , "Removal of Service Line", Subsection
(G) , "Reinstallation 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:
(E) Meter Reread Charge. There will be a charge of $15 for each
meter reread requested by a customer. If the meter reading is in error in
favor of the customer, the account will be adjusted accordingly and the $15
service charge shall be waived.
(F) Removal of Service Line. There will be a charge for the
removal of the service line based on the actual cost (labor and materials)
plus a 10\ surcharge, or $100 whichever is greater, per occurrence.
(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 11. 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 commodity 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 thereafter, and shall be due and payable forthwith.
(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 purpose. and
charge. will be adjusted accordingly.
ORD. NO. 55-93
'I
Section 12. That Section 52.52, "Resuming Service After Discon-
tinuance for Delinquency" , Subsection (A) , of the Code 0 f Ordinances of the
City of Delray Beach, Florida, is hereby amended to read as follows:
(A) In the event t~./watet/~~. city utility service charges aqaLn.t
Lt become delinquent and/or said services are discontinued by the city as
herein provided, said services shall not be restored unt i 1 all delinquent
charges plus a the five dollar ($5,00) penalty for late payment and / .~~tlStt
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
herewith be, and the same are hereby repealed.
Section 15. That this ordinance shall become effective December 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. 55-93
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