05-26-92 Regular
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eITY OF DELRAY BEAeH, FLORIDA - CITY COMMISSION
REGULAR MEETING - MAY 26. 1992 - 6:00 P.M.
PUBLIe HEARINGS - 7:00 P.M.
COMMISSION eHAMBERS
RULES FOR PUBLIe PARTIeIPATION
1. PUBLIC COMMENT: The public is encouraged to offer comments.
However, as a general rule, the order of presentation shall be as
follows: eity Staff, comments by the public, eommission discussion
and official action. eity Commission meetings are business meetings
and as such, the Commission retains the right to limit discussion on
any issue. In most cases remarks by an individual will be limited
to three minutes or less (10 minutes for group presentations).
The Mayor or presiding officer may adjust the amount of time
allocated at his/her discretion.
A. Public Hearings: Any citizen is entitled to speak on it~ms
under this_section. ,-
B. Comments and Inquiries on Non-Agenda Items f rom the Public:
Any citizen is entitled to be heard concerning any matter
wi thin the scope of jurisdiction of the eommission under this
section. The eommission may withhold comment or direct the
City Manager to take action on requests or comments.
e. Regular Agenda and First Reading Items: When extraordinary
circumstances or reasons exist and at the discretion of the
eommission, citizens may speak on any official agenda item
under these sections.
2 . SIGN IN SHEET: Prior to the start of the Commission Meeting,
those individuals wishing to address public hearing and/or
non-agendaed items should complete the sign-in sheet located on the
right side of the dais. rf for some reason you are not able to
complete the sign-in sheet prior to the start of the meeting, you
will not be precluded from addressing the eommission on an
appropriate item. The primary purpose of the sign-in sheet is to
assist staff with record keeping. Therefore, when you come up to
the podium to make your comments, kindly complete the sign-in sheet
if you have not already done so.
3. ADDRESSING THE eOMMISSION: At the appropriate time, please
step up to the podium and state, for the record, your name and
address. All comments will be addressed to the Commission as a
body and not to individuals. Any person making impertinent or
slanderous remarks or who becomes boisterous while addressing the
eommission shall be barred from speaking further to the eommission
by the presiding officer, unless permission to continue or again
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City Commission
Regular Meeting
5/26/92
address the eommission is granted by majority vote of the
Commission members present.
APPELLATE PROCEDURES
Please be advised that if a person decides to appeal any decision made
by the City eommission with respect to any matter considered at this
meeting or hearing, such persons will need a record of these
proceedings, and for this purpose such persons may need to ensure that
a verbatim record of the proceedings is made, which record includes
the testimony and evidence upon which the appeal is to be based. The
City does not provide or prepare such record.
AGENDA
1. Roll Call.
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2. Invocation. .:J
3. Pledge of Allegiance to the Flag.
4. Agenda approval.
Action: Motion to approve.
5. Approval of Regular Meeting minutes of May 12, 1992 and Special
Meeting Minutes of May 15, 1992.
6. Proclamations:
A. /Navy League Day - June 1, 1992.
B. /National Safe Boating Week - June 7 through 13, 1992,
e. / National Flag Day - June 14, 1992.
D. JExpressing Best Wishes for a Successful Future for the
Atlantic Community High School Auditorium,
7. Presentations:
lA. Downtown Development Authority Presentation of $850 to the
Police Department for the purchase of a fully equipped mountain
bicycle for the police officer patrolling downtown Delray Beach.
/B. Dr. Franklin Boyar - Presentation of a pilot program,
"Project Dental eare" , which provides free dental care to
children who would not otherwise be able to afford treatment.
8. Consent Agenda: eity Manager recommends approval.
A. AMENDMENT TO THE AGREEMENT WITH THE SOLID WASTE
AUTHORITY: Approve an amendment to the agreement for
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City Commission
Regular Meeting
5/26/92
municipal recycling
with the Solid Waste Authority which extends the terms of the
agreement to September 30, 2000.
B. ACCEPTANCE OF EASEMENT DEEDS: Accept a 20 foot utility
easement along the south property line of Lot 170, as well as,
an easement across the south two feet of the north eight feet of
Lots 1-8 of the Highland Trailer Park Subdivision.
e. RESOLUTION NO. 61-92: A resolution authorizing the City
to purchase property located at 141 s.w. 12th Avenue which will
be used as a Police substation.
1. ACCEPT ASSIGNMENT AND APPROVE CONTRACT FOR
PUReHASE/POLIeE SUBSTATION: Accept assignment from the
eommunity Redevelopment Agency and approve the contract to
purchase property located at 141 s.w. 12th Avenue. Funding
is available in the General Construction Fund Prior Year
Surplus (Account No. 334-0000-301-34.00) .
2. APPROVAL OF TEMPORARY USE PERMIT/POLIeE SUBSTATION:
Approve the establishment of a temporary use, P.ol'"i:p e
Substation, at 141 S.W. 12th Avenue for a period of thr'ee
years.
D. RESOLUTION NO. 59-92: A resolution abandoning a drainage
easement located on the southeast corner of Lake Ida Road and
Roosevelt Avenue.
E. RESOLUTION NO. 60-92: A resolution vacating and
abandoning a 12 foot wide water distribution utility easement
and a 12 foot wide sanitary sewer utility easement located
within the Replat of Delray Mall.
F. RESOLUTION NO. 55-92: A resolution assessing costs for
abatement action required to board up an unsafe structure
(rear) at 382 N.E. 3rd Avenue.
G. RESOLUTION NO. 56-92: A resolution assessing costs for
abatement action required to board up an unsafe structure
(front) at 382 N.E. 3rd Avenue.
H. RESOLUTION NO. 57-92: A resolution assessing costs for
abatement action required to board up an unsafe structure at
2108 s.w. 13th eourt.
I. RESOLUTION NO. 58-92: A resolution assessing costs for
abatement action required to resecure a window on an existing
boarded up structure at 141-143 s.w. 12th Avenue.
J. AWARD OF BIDS AND eONTRAeTS:
1. Pompey Park Press Box - Parks and Recreation- R.P.M.
eonstruction eompany, Inc. in the amount of $29,379 with
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eity eommission
Regular Meeting
5/26/92
funding from eommunity Development - Pompey Park
Improvements (Account No. 118-1962-554-60.20).
2. Wellfield Rehabilitation eonstruction - Environmental
Services - Meridith eorporation in the amount of $198,383
with funding from Water and Sewer Renewal and Replacement
Fund (Account No. 442-5178-536-61,82/ $192/957,19) and 1991
Water and Sewer Revenue Bond (Account No.
447-5171-536-60.31/$5/425.81).
3. Wrecker/Towing Services - Police Department - Zuccala
Wrecker Servicel Inc. in the amount of $108/100 (no eity
funding is involved).
4. Boy Scout Hut/Enfield Road Improvements - Environmental
Services - Asphalt eonstruction of Palm Beach in the amount
of $123/328.20 with funding from 1987 Utility Tax - Boy
Scout Hut (Account No. 333-4141-572-61.37/$69/000)1 1987
Utility Tax - Cemetery Road (Account No.
333-4511-539-51.39/$31,000) and Decade of Excellence Bond
Issue Interest Earnings (Account No.
.225,...0000,...301-.2 5,..00 1$2 8,328..20). '....
9. Regular Agenda:
A. REVIEW OF APPEALABLE LAND DEVELOPMENT AeTIONS OF VARIOUS
BOARDS: Consider accepting actions and decisions made by the
Planning and Zoning Board, Site Plan Review and Appearance Board
and the Historic Preservation Board during the period May 111
1992 through May 221 1992.
B. AGREEMENT WITH LIDDUN INTERNATIONAL INe, : eonsider an
agreement with Liddun International, Inc. to bring a
professional women's tennis tournament with the Kraft Tour to
the eity.
e. APPROVAL OF GUARANTEE OF REPAYMENT/LINE OF eREDIT
AGREEMENTS - OLD SCHOOL SOUARE: Approve a guarantee of
repayment agreement between the eity and eommunity Redevelopment
Agency and a line of credit agreement between the eity and Old
School Square, Inc. for funding to renovate the Theater Arts
Building. eity Manager recommends approval.
D. TEMPORARY eLOSURE OF PALM SOUARE: Consider a
recommendation from the Planning and Zoning Board with regard to
the temporary closure of Palm Square.
E. REOUEST FOR EXTENSION OF TEMPORARY eERTIFIeATE OF
OCCUPANey: eonsider a request for a six month extension of
the Temporary eertificate of Occupancy for the Sundy House
Restaurant.
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Regular Meeting
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F. SETTLEMENT OFFER/ATLANTIC PLAZA: eonsider an offer of
settlement from Atlantic Plaza, Ltd. with regard to odor
problems from the Lift Station at Veteran's Park.
G. ASSIGNMENT OF LIeENSE AGREEMENT/ISAN CHARTERS. INC. :
Approve the assignment of the license agreement from ISAN
eharters, Inc. to Ramblin' Rose Riverboat, Inc. eity Manager
recommends approval.
H. eOMPREHENSIVE PLAN AMENDMENT 92-2: Authorize staff to
initiate eomprehensive Plan Amendment 92-2. Planning and Zoning
Board recommend approval.
I. ATLANTIe AVENUE BEAUTIFIeATION - SWINTON AVENUE TO 12th
AVENUE: eonsider awarding the bid after modifying the project
scope and/or authorizing additional funding for the installation
of paver block sidewalks on Atlantic Avenue between Swinton
Avenue and N.W./S.W. 12th Avenue bring the bid award within
budgeted funds.
J. SERVIeE AUTHORIZATION NO. 4/MOCK, ROOS AND ASSOCIATES:
-",Appro,ve_Service"Authorization No. 4in the amount Df $28 ,.500.~to
the contract with Mock,Boos and Associates for survey servie-es
necessary to complete the Stormwater Master Plan; with funding
from Stormwater Master Plan (Account No. 448-5411-538-62.12).
City Manager recommends approval.
K. REJECTION OF BIDS: Reject all the bids received for the
construction and renovations to the Public Works eomplex garage
area and authorize staff to readvertise the project.
L. RESOLUTION NO. 52-92: eonsider adopting a resolution
supporting voter control of local taxes.
M. PROPOSED POLIey AND PROCEDURES REGARDING TRAFFIe ISSUES:
eonsider a policy which outlines a specific process for dealing
with neighborhood traffic issues. Planning and Zoning Board
recommends approval.
N. REOUEST FOR DIRECTION RE. PROPOSED ORDINANCE REGULATING
MULTI-TENANT RETAIL SHOPS: Provide staff with direction
regarding the proposed ordinance amending the Land Development
Regulations to provide for multi-tenant retail shops in certain
zoning designations.
10. Public Hearings:
A. ORDINANCE NO, 17-92: An ordinance clarifying the powers
of the Community Redevelopment Agency and modifying the CRA
Plan.
B. ORDINANCE NO. 18-92: An ordinance amending ehapter 92 of
the eode of Ordinance by repealing Sections 92.01 through and
including 92.20 and enacting new Sections 92.01 through 92,20 to
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provide updated regulations with regard to the operation and
mooring of boats within the eity.
11. Comments and Inquiries on Non-Agenda Items from the
Public-Immediately following Public Hearings.
A. eity Manager's response to prior public comments and
inquiries.
B. From the Public.
12. First Readings:
A. ORDINANeE NO. 15-92: An ordinance regulating the
placement of newsracks and other moveable fixtures within the
City's rights-of-way. If passed public hearing June 16th.
B. ORDINANeE NO. 19-92: An ordinance annexing to the eity
the Highland Trailer Park property located on Barwick Road
approximately 180 feet north of West Atlantic Avenue; with
initial zoning of MH (Mobile Home) . Planning and Zoning Board
_recommends~ approval. _If-,;passed,_public _hearing _June -23rd. ~
e. ORDINANeE NO. 20-92: An ordinance annexing to the eity
the G&Z Auto eare property located on the northwest corner of
Atlantic Avenue and west of Barwick Road; with initial zoning
of Ge (General Commercial). Planning and Zoning Board
recommends approval. If passed public hearing June 23rd.
D. ORDINANeE NO. 21-92: An ordinance annexing to the eity
the Delray Farmers Market and Handy Mart property located west
of Barwick Road on the north side of West Atlantic Avenue; with
initial zoning of Ne (Neighborhood Commerc ial) . Planning and
Zoning Board recommends approval. If passed public hearing June
23rd.
E. ORDINANCE NO. 22-92: An ordinance amending the Land
Development Regulations to provide for a more appropriate
application of stacking distance requirements at the entry to
parking lots. Planning and Zoning Board recommends approval.
If passed public hearing June 16th.
13. Comments and Inquiries on Non-Agenda Items:
A. eommission
B. eity Attorney
e. City Manager
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PROCLAJfA TION
WHEREAS, in 1902 President Theocore Roosevelt
encouraged the establishment of the Navy League on the premise
that "all good Americans interested in tt'_e growth ('""" ,;: thei=
Country and sensitive to its honor should give hearty SUDport to
the policies which the Navy League is founded to further"; and,
WHEREAS, the Navy League of the U:1ited States was
established 90 years ago to educate and inforrn:it:.zens 3.bout our
nation's maritime forces; and.
WHEREAS, the City of De1ray Beach, F'lorida, takes
pleasure in recognizing the efforts of the 13,JOO ~avy =..eaguers
worldwide, and in particular those residing in ~he City 0: Delray
Beach who are fostering and promoting a better u~derstanding of
the Navy, Coast Guard, Marine Corps, and the U~ited States Flag
Merchant Marine,
NOW, THEREFORE, I, THOMAS E. LYNCH, ."1ayor of the City
of Delray Beach, Florida, do hereby proclaim J~ne 1 , 1992, as
"NAVY LEAGt:E DAY"
in the City of Delray Beach.
IN WITNESS WHEREOF, I have here\:nto set my hand and
caused the Official Seal of the City of Delray Beach, F:Lorida, tc
be affixed this 26th day of May, 1992.
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THOMAS E. :'Y~CH
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PROCLAJIA flOtv
WHEREAS, water-related recreational activities are vita:
elements in the lives of the citizens of the City of Delray 3ea.:;h;
and,
I WHEREAS, Florida's 8,400 miles of saltwater tidal
coastline, 3 million acres of inland lakes and 11,000 :niles 0:
rivers and streams provide for many of the needed outlets fo::
recreation and relaxation; and,
WHEREAS, recreational boating is one of Florida's
leading outdoor activities with more than 4 million res iden ts
participating in this pastime; and,
WHEREAS, Florida is the fastest growing recreational
boating state in the nation with over 718,000 registered vessels
and increasing at over 10,000 vessels each year; and,
WHEREAS, every year lives are lost in boating accidents
in spite of the educational efforts of the Florida Marine Patrol,
I u.s. Coast Guard, U.S. Coast Guard Auxiliary, u.s. Power Squadrons,
Florida Game and Fresh Water Fish Commission and local agencies;
and,
WHEREAS, the Florida Marine Patrol, u.S. Coast Guard,
U.S. Coast Guard Auxiliary, U.S. Power Squadrons, Florida Game and
Fresh Water Fish Commission and other cooperating agencies and
groups have developed and are now executing campaigns in this
field; and,
j WHEREAS, the of these safety have
I sponsors programs
I addressed their efforts to the youth and general public of Florida,
j urging them to enhance boating pleasure and avoid possible loss of
j life and property damage,
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I NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City 0:
j Delray Beach, Florida, do hereby proclaim the week of June 7 - 13,
1992, as
"NATIONAL SAFE BOATING WEEK"
, in the City of Delray Beach and urge all citizens who use
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1 waterways to join in learning and practicing safe boating and ir
having their boats inspected for proper safety equipment.
IN WITNESS WHEREOF, I have hereunto set my hand ar.l!
I caused the Official Seal of the City of Delray Beach, Florida, t.u
be affixed this 26th day of May, 1992.
MAY 0 R -
THOMAS E. LYNCH
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PROCLA.l/A T[O\
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liHE REA S , in t'1is year of 199:. o\.;:- ::'lcg of St 1:- 5 and
Stripes celebrates its 2l5th birthday; ar;':,:, ,
;.,rHEREAS, by Act of Congress c:: the "r:itec: St3.tel; da tee:
June 1~, lr7, the first official Flag J: th~ (hi t "d StatE- 3 -"a 3
adopted; :ind,
-tiHEREAS, by Act of Congress d3.':ed ,'\\'::'.15': , : 94; , J'.jne
14 of eaC:1 year was designated "NATIONAL ;;'~AG J';'" '. ; a-'.d,
WHEREAS, the Congress has resuestej ~he ?reside-t to
issue annually a proclarnatlon designating the week ~n ~hich J .:1e 1-1
occurs as NATIONAL FLAG WEEK; and,
WHEREAS, on December 8, 1982. the :;3.tio:-.3.l F L1c :Jay
Foundatior, was chartered ':0 conduct educationa_ t:rc qrams ill: j to
encourage all Americans to PAUSE FOR THE ?LEDG;: OF ;, :"'LEGIAtlC::: ::Jr.
i Flag Day - June 14; and,
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WHEREAS, by act ::Jf Congress, ?u::llic :aw 99-S4 was rissed
to have the PAUSE FOR THE PLEDGE OF AL:':::GIA~C E: a5 ;>art : f the
j celebratio~ of National Flag Day throughou~ the r:.~cior. and,
j WHEREAS, Flag celebrates Dur
! Day ~'.3.t.::..on ' symbo_ :>f
i unity, a cemocracy in a r~public, and stands :or O'_X COU:l'r::y's
j devotion to :::reedom, to the rule of all, 2nd tJ -'Jqt;a: righu for
all,
~OW, THEREFORE, , THOMAS E. LYNCH, ~d '/r:r 0:: the C.' :' cf
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I Delray Beach, Florida, do hereby proclaim June 14 19 9 ~ . as
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I "NATIONAL FLAG DAY"
in the City of Delray Beach and urge all cit~zens to pause at : 00
P.M. on this date for the thirteenth annual PAUSE FDR TEE PLED;E OF
ALLEGIANCE to the Flag and join all Arner:.cans L:1 recitinG' ~he
Pledge of Allegiance to our flag and Nation.
I~ WITNESS WHEREOF, I have hereunto c;et my' hand iDd
caused the Official Seal of the City of Delray Beach, F:'orida, to
be affixed this 26th day of ~ay, 1992 .
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MAY D R
THOMAS :::. LYNCH
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PROCLAJIA TIO_V
WHEREAS, the Atlantic Community HiSh School Auditorium
will be one of the finest facilit~es in the SOl,;th County area;
and,
WHEREAS, the theater will be an excellent facility for
showcasing Atlantic's talented students in t r.e performing and
fine arts - dance, drama, art, choral and i~strumental music;
and,
WHEREAS, the theater will showcase the nationally known
Eaglettes; and,
WHEREAS, the theater will showcase award winning bands
and the Eagleaire ensemble who perform 50 COl\U'1Unlty shows per
year; and,
WHEREAS, the theater will seat 650 people, will be host
to community groups throughout the South County area and will be
ava ilable for dance recitals and communi t:; concer ts; and,
WHEREAS, the theater has state-o=-the-art sight and
sound equipment with technical capabilities far greater than
other facilities in this area,
NOW, THEREFORE, I, THOMAS E. LY~CB, Mayor of the City
of Delray Beach, Florida, on behalf of the City commission do
hereby express our best wishes for a success:ul :uture to a most
valuable contribution to our communlty.
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 26th day of May, 1992 .
THOMAS E. LYNCH
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c: Chief Overman
DOWNTOWN DEVELOPMENT AUTHORITY
City Of Delray Beach, Florida
DDA MEMO
TO: David Harden, City Manager
FROM: Frank R. Spence, Execntive DireCl<;r~?
DATE: May 19, 1992
SUBJECT: Agenda Placement Request
The DDA requests that you place the following item on the next City Commission
agenda, May 26, 1992:
Presentation of $850 to the Police Department to purchase a fully
equiped mountain bicycle for the police officer patrolling
downtown.
The presence of Chief Overton and/or Lt. Lundsford to receive the check would
be appreciated.
cc: Mayor Tom Lynch
City Clerk Allison MacGregor-Hardy
1 S.E. Fourth Avenue, Suite #204, Dclray Beach, Florida 33483 · 407~276~8640 7A
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MEMORANDUM
TO: MAYOR AND eITY eOMMISSIONERS
FROM: CITY MANAGER~f/(/
SUBJECT: AGENDA ITEM it 71ft - MEETING OF MAY 26. 1992
AMENDMENT TO THE AGREEMENT WITH SOLID WASTE AUTHORITY
DATE: May 22, 1992
This item is before you to approve an amendment extending the terms
of the agreement with the Solid Waste Authority for the municipal
recycling program.
The eity currently receives an annual Recycling Grant from the Solid
Waste Authority in the approximate amount of $57,000. The original
agreement was for a five year period. The Authority now wishes to
extend the agreement to September 30, 2000. It is their intent to
make grant money available through the extended period.
Recommend approval of an amendment to the agreement with the Solid
Waste Authority extending the terms of the municipal recycling
program to September 30, 2000.
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MEMORANDUM
TO: DAVID HARDEN, CITY MANAGER
FROM: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMEN.oo
RE: AMENDMENT OF THE INTERLOCAL AGREEMENT FOR MUNICIPAL
RECYCLING EXTENDING THE TIME TO SEPTEMBER 30, 2000
DATE: MAY 21, 1992
ITEM BEFORE THE COMMISSION:
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eity eommission approval to amend paragraph 18 of the Interlocal
Agreement between the City of Delray Beach and the Solid Waste
Authority to extend the term of the agreement from September 30,
1995 to September 30, 2000. All other parts of the agreement
remain unchanged.
BACKGROUND:
The Interlocal Agreement is the document by which the eity is
made responsible for establishing a municipal recycling program
and activities in accordance with ehapter 403, Part IV, Florida
Statute. The eity receives an annual Recycling Grant from the
Solid Waste Authority in an approximate amount of $57,000 to
carry out these activities. The original agreement was executed
in February, 1990 for a five (5) year period. The Authority now
wishes to extend the interlocal agreement to September 30, 2000.
It is their intent to make the grant money available through the
same time period to municipalities to continue the work and
progress made with recycling programs.
RECOMMENDATION:
Staff would recommend the approval of the extension to the
Interlocal Agreement between the City of Delray Beach and the
Solid Waste Authority, pursuant to terms proposed within the
amended agreement and to authorize the execution of such
agreements. A copy of the original agreement is attached for
your reference.
LB:DQ
Attachment
D13
Arnendmt. SWA
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5/14/92 TO: Lu1a Butler - Prepare for appropriate action by Commission
SOLID WASTE AUTHORIlYand the City Manager.
OF PAL~1 BEACH COLrxlY JWE
7501 Xorth ,Jog Road
West Palm Beaeh, Florida 33412
Telephone (407) 640-4000
May 12, 1992
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Mr. David Hardin ~., I
City Manager CITy 4l J '99R
City of Delray Beach ~N4G[R's
100 N. W. First Avenue OFFICE'
Delray Beach, FL 33444
Dear Mr. Hardin:
Enclosed are three original copies of an amendment to the Interlocal Agreement for Municipal Recycling
which extends this agreement to September 30, 2000.
We are now asking that all cities extend the Interlocal Agreement for Municipal Recycling to September
30, 2000, In order that we may assure the ongoing success of the recycling program. We hope that this
new term ending date wUI be acceptable to you.
If this extension Is acceptable, please have the amendment submitted to your City Council for approval.
When It has been approved, It should be executed by the City and your City Attorney. All three original
documents should be returned to me for execution by the Solid Waste Authority.
Once fully executed, one original of the agreement will be maned back to you, we wDl retain a copy at
the SWA and our legal councU wUI me one original with the Circuit Court Clerk's offICe pursuant to
Aorlda Statue 163.01.
Please do not hesitate to call me If you have any questions.
Sincerely,
?dU~ j.1;,,,-,L?:-
Patricia J. Franklin
Intergovernmental/Franchise Manager
Enclosures
cc: Bernie Cooko, SWA Legal CouncU
Kathy Donohue, SWA Legal CouncU
Kathy Duzan, Asslslanl DIroclor d Operatlons Contract Management r----. \
Sherry Weinschenk, Assistant Director of Recycling ,
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AMENDMENT NO. 1 TO INTERLOCAL AGREEMENT FOR MUNICIPAL RECYCLING
THIS AGREEMENT entered into this _ day of ,
1992, by and betwesn the SOLID WASTE AUTHORITY OF PALM BEACH
COUNTY (Authority), a dependent special district, and
eI'n OF DBLRAY BRACH (City) a Florida chartered
lIIUl1icipality, to amend a prior Interlocal Agreement entered into
between the parties.
WIT N E SSE T H:
WHEREAS, the Authority and City entered into an Interlocal
Agreement for Municipal Recycling dated February 21, 1990.
(the Agreement); and
WHEREAS, the parties desire to extend the term of the
Agreement to September 30. 2000.
NOW THEREFORE, for and in consideration of the mutual
promises and covenants set out herein. the parties agree:
1- Paragraph ~ of the Agreement is amended by changing
the date of termination to be September 30. 2000.
2. No other provisions of the Agreement are affected by
this Amendment.
IN WITNESS WHEREOF. the parties hereto have executed this
Aaendment effective as of the day and year first above written.
As to the Authority:
WITNESSES: SOLID WASTE AUTHORITY OF
PALM BEACH COUNTY
By:
Timothy F. Hunt. Jr.
Executive Director
Approved as to form and legal sufficiency:
By:
Authority Counsel
As to the City:
ATTEST: CITY OF DBLJlAY BRACB
By:
City Clerk Title:
(seal]
Approved as to form and legal sufficiency:
By:
City Attorney
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INTERLOCAL AGREEMENT FOR MUNICIPAL RECYCLING
THIS AGREEMENT made and entered into this d1.L~ day of
,:;. h mat ~ , !J:g, by and between the SOLID WASTE AUTHORITY OF
PALM BEACH COUNTY, an independent special district created
pursuant to Chapter 75-473, Laws of Florida, as amended,
hereinafter called "Authority" , and the CITY OF OELRAY BEACH, a
municipal corporation, chartered and organized in accordance with
the laws of the State of Florida, hereinafter called "City", for
a municipal recycling program and activities in accordance with
Chapter 403, Part IV, Fla. Stat.
WIT N E SSE T H:
WHEREAS, the Authority has been empowered by law and through
inter local agreement to carry out the powers, obligations and
requirements in Palm Beach County, Florida, prescribed to a
"county" pursuant to the provisions of Chapter 403, Part IV, Fla.
Stat, ; and
WHEREAS, Chapter 403, Fla, Stat. makes the Authority
responsible for initiating recycling programs and insuring
municipal involvement; and
WHEREAS, Chapter 403, Fla. Stat. encourages the Authority to
enter into interlocal agreements with municipalities to establish
reCYCling programs and carry out recycling activities: and
WHEREAS, City desires to work in cooperation with the
Authority to establish a municipal recycling program toward
achievement of the State recycling goal and the requirements of
Chapter 403, Part IV, Fla. Stat.
NOW, THEREFORE, for and in consideration of the mutual
covenants and promises hereinafter contained to be kept and
performed by the parties hereto, and for the mutual benefit of
the City and the Authority, it is agreed as follows:
1. City has entered into a contract for the collection and
hauling of Recyclable Materials (as defined in paragraph 8) with
a private collection and hauling company authorized to make such
collections within the City's jurisdiction.
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~ The City shall record, collect and assemble all data
~. . necessary for reporting on behalf of City in compliance with the
Authority's countywide recycling plan for Palm Beach County,
Florida, and other applicable state and local law.
3. Ci ty shall promptly provide to the Authority certified
copies of any and all recycling ordinances passed or adopted by
the City now or in the future.
4. Curbside Service Area. This provision applies only to
units receiving curbside solid waste collection service (Curbside
Units) . The collector shall collect Recyclable Materials from
Curbside Units within the City. City provided promotion
materials will be distributed, informing the residents as to when
and how the materials will be collected. No residents will be
deleted from a route list because of infrequent participation,
unless it is determined that the curbside recycling plan is not
feasible in a particular curbside solid waste collection service
area.
5. Collection Schedule. The collection schedule shall have
a frequency of once per week per each Curbside Unit and shall be
made on a day as determined by the City.
6. Point of Collection. Collection shall be at curbside,
or within the public right-Of-way adjacent to the paved roadway,
or in the same location as designated for garbage/refuse
collection.
7. Data Collection. The collector shall collect the
following data each day for each route and collection crew:
1\. Total number of households on each
route.
B. Number of households setting out any or
all materials.
C. Collection hours.
D. Route miles.
E. Date.
This data shall be submitted in a monthly
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report submitted to the Authority by the 10th
day of the month following the end of each
reporting period. Data sheets shall be
available from the Authority on request. All
data and program information shall be retained
for the period of the agreement. The
Authority has the right to request any
additional collection or contract related
information from the City as may be required
for the program.
8. Collection of Source-Separated Recyclable Material.
Individual residents/homeowners shall be (required or encouraged]
by the City to separate their solid waste into recyclables and
non-recyclables. Each Curbside Unit will receive a reusable
container into which Recyclable Material will be deposited.
Initially Recyclable Materials shall mean green glass, brown
glass, clear glass, aluminum cans, plastic milk bottles, plastic
beverage containers and household batteries which will all be
deposited into this one reusable container. Newspapers will be
bagged and placed on top or alongside of the reusable container
or as otherwise designated by the City. The aforementioned
materials shall be prepared for collection in accordance with
processing standards in paragraphs A through F below:
A. ~- rinsed whole bottles and jars, shall not include
cooking ware, plate glass, safety glass, light bulbs,
ceramics and non-glass materials. Caps, lids, and any
type of top must be removed from the bottles. Labels
may remain on the bottles, but bottles will be empty,
rinsed, dry and unbroken.
B. Aluminum- Aluminum cans (beverage) and containers (pet
food, tuna, etc.) shall be empty, rinsed and dry.
C. Plastic Beverage Containers- Milk jug type containers
(HDPE), and soft drink bottles (PET). empty, rinsed and
dry, with tops, caps or lids removed, are included in
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this category. No other plastic bottles or containers
are permitted, but if markets develop in the future
other plastic items may be included upon direction by
the Authority.
D. Newspapers- Shall be dry and placed in brown (kraft)
paper bags. No additional magazine or any other types
of paper are permitted. Plastic bags may be used if
brown bags are not available.
E. Tin cans- Steel and tin-coated steel cans should not
be included because they will be removed at the
Resource Recovery Facility. But if occasional tin cans
are included, the MRF will have the ability to remove
them.
F. Household batteries- Drycell batteries only shall be
placed in the collection container. Wetcell
(automobile, truck, boat, etc. ) type batteries shall
not be included.
9. Should the State of Florida (or the Department of
Environmental Regulation) determine any of the above items to be
non-recyclable or determine new Recyclable Materials during the
term of this agreement, the Authority and the City will negotiate
a method for terminating or modifying this agreement, as
appropriate.
10. Transportation and Equipment. The City shall be
responsible for having collected Recyclable Materials transported
to the Authority's Materials Recycling Facility ( MRF ), transfer
station or any other site(s) designated by the Authority for
recycling (Facility) . Any load of materials delivered to a
Facility containing an excess of lOt residue as described in this
agreement and/or material not listed as Recyclable Material are
unacceptable and shall be handled as set out in paragraph 13
hereafter. The Authority shall receive and dispose of all
Recyclable Materials delivered by or on behalf of the City, at no
charge to the City, except for unacceptable loads as described
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above.
Collection equipment must be of a type to provide for
rear unloading and be compartmentalized (or separate vehicles).
11. Improperly Prepared Recyclable Materials. When a
collector's crew encounters improperly prepared material or non-
recyclable items, they must follow this procedure:
A. The collector shall pickup all Recyclable Materials
except those contaminated by putrescible or those which
cannot be conveniently retrieved from the reusable
container. Improperly sorted materials or contaminated
materials will be left in the reusable containers or
temporarily removed and returned to the reusable
container. The collector shall leave an Authority and
City approved form in the container. The form will
notify the resident that material has not been properly
sorted, and provide information on how to contact the
Authority's/City's recycling coordinator for further
information.
B. It shall be the responsibility of the
Authority's/City's recycling coordinator to contact
residents who repeatedly place improperly sorted
materials at the curb or encourage them to properly
sort materials.
12. Compliance with Zoning Ordinances. Any transfer and/or
storage of Recyclable Materials shall be undertaken in a location
suitable and adequate for such activity and shall comply with all
local zoning ordinances and any other applicable local and state
statutes, ordinances and regulations.
13 Unacceptable Materials. Criteria shall be established
for acceptance of loads deemed suitable for processing at the
Authority Facilities. For the first few months of the program,
when the collector enters the Facility with a load, it will be
dumped on the tipping floor and sorted with the use of a front-
end loader. If the load contains in excess of 10' residue,
(meaning paper other than newspaper, dirty cans or bottles, or
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items not listed as recyclables by the Authority), the Facility
will not accept these materials for recycling. If the problem
persists future loads will be inspected before dumping and, if
unacceptable, will be rejected. It will then be the
responsibility of the collector to dispose of such contaminated
recyclables in a suitable manner. Prior to adopting the
countywide disposal assessment program the cost of disposing of
unacceptable loads will be a cost to the City.
14. Promotion and Education Responsibilities. The
Authority and City shall participate in promotion and education
efforts as outlined below:
A. The City shall at least once a year distribute notice
of service availability to each targeted househOld
during the first year and up to two notice
distributions in subsequent years.
B. The collector shall distribute notices of improperly
prepared materials, of collection schedule changes, of
unacceptable materials or any other pertinent
information to residents as required.
C. The collector shall require employees to deal
courteously with customers on the telephone and on-
route to promote the collection service and explain
proper material preparation.
D. The Authority shall be availability to participate in
promoting the collection service at area fairs,
neighborhood association programs, or other community
events.
E. The Authority shall be available to give advice to the
City on promotion and education material content and
presentation.
F. The City shall be responsible for the development,
printing, and supplying of promotion and education
materials.
15. City shall maintain accurate records of all
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expElnditures of grant funds in accordance with state grant
guidelines and shall make these available to the Authority and
DER as provided in Chapter 17-716.430, F.A.C.
16. The City agrees that it shall require that all
Recyclable Materials separated from the normal waste stream that
are collected by or on behalf of the City shall be delivered to
an Authority's Facility. The City will take such action as is
necessary to insure against and prevent scavenging and
unauthorized removal of such recyclables within the jurisdiction
of the City.
17. City and Authority further agree to expand the scope of
recycling services to include such other areas as mUlti-family
residential units and commercial units at such time as the
parties agree it is appropriate or as required by law, and the
parties hereto agree to use good-faith effort to reach agreeable
terms to provide such additional services as required.
18. The term of this agreement shall begin on
December 1, 1989, and continue through and including September
30, 1995. Each contract year shall end on September 30.
Thereafter, this Agreement shall be automatically renewed for
one-year terms unless either party gives the other party a
written notice of intent to not renew at least ninety (90l days
before the date of next termination. Notwithstanding
termination, any rights or duties imposed by law shall remain in
effect.
19. This agreement may be modified only by the mutual
written consent of both parties.
20. In the event of a change in law that abrogates or
modifies any provision or application of this agreement, the
parties hereto agree to enter into good faith negotiations and
use their best efforts to reach a mutually acceptable
modification of this agreement.
2l. All formal notices effecting the provisions of this
agreement shall be delivered in person or be sent by registered
or certified mail to the individual designated below, until such
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time as either party furnishes the other party written
instructions to contact another individual:
For Authority:
Solid Waste Authority of Palm Beach County
5114 Okeechobee Blvd., Suite 2-C
West Palm Beach, FL 334517
Attention: Executive Director
For the City:
City of Delray Beach
100 N.W. First Avenue
Delray Beach, FL 33444
Attention: City Manager
22. Designation of Recycling Coordinator. The City and the
Authority shall each designate an individual in its regular
employ to be the recycling coordinator. Such individual will be
the contact person for the Authority or the City to contact each
other and for residents participating in the program to contact,
Such individual will also be available to participate in/or
coordinate jointly sponsored educational, promotional, and
related presentations.
23. If any clause, section or provision of this agreement
shall be declared to be unconstitutional, invalid or
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unenforceable for any cause or reason, or is abrogated or negated
by a change in law, the same shall be eliminated from this
agreement, and the remaining portion of this agreement shall be
in full force and effect and be as valid as if such invalid
portion thereof had not been incorporated herein.
IN WITNESS WHEREOF, the parties hereto have entered into
this Agreement effective as of the day and year first above
written.
As to the Authority:
W;INESSES: /' SOLID WASTE AUTHORITY OF
\. //.~L PALM BEACH COUNTY
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ApprovecS as->to
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By: 7
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As to the City:
CITY OF DELRAY BEACH
ATTEST: ~~~
/'1 'f U By:
, j .II L1fY~ (' ; ;I. 4'"t ~ <---/
Town Cler 0
[seal]
Approve and legal sufficiency:
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
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FROM: CITY MANAGER' ,
SUBJECT: AGENDA ITEM # '88 - MEETING OF MAY 26. 1992
ACCEPTANCE OF UTILITY EASEMENTS/HIGHLAND TRAILER PARK
DATE: May 22, 1992
This item is before you to accept a 20 foot utility easement along
the south property line of Lot 170, as well as an easement across the
south two feet of the north eight feet of Lots 1-8 of the Highland
Trailer Park Subdivision.
During review of the Highland Trailer Park annexation, staff found
that a public sewer main and lift station existed on Lot 170 for
which there is no utility easement. Further, in reviewing
alternative means of providing sewer service to the commercial
properties fronting along Atlantic Avenue, the need to obtain
additional utility easements across Lots 1-8 was identified.
Dedication of these easements is a condition of annexation for the
Highland Trailer Park. Upon recordation of the easements,
Environmental Services will proceed with the design and construction
of a sewer facility.
The City Attorney's office has reviewed the easement documents and
approved them as to legal sufficiency.
Recommend acceptance of a 20 foot utility easement along the south
property line of Lot 170, as well as an easement across the south two
feet of the north eight feet of Lots 1-8 of the Highland Trailer Park
Subdivision.
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. ~ITY MANAGER
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~'>l, '. O~c.,.~
THRU: DAVID J. KOVACS, DIRECTOR
D~RTME~ :LANNING AND ZONING
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FROM: PAUL DORLING, PLANNER II
SUBJECT: MEETING OF MAY 26, 1992
ACCEPTANCE OF UTILITY EASEMENTS ACROSS LOTS 1-8 AND LOT
170 OF HIGHLAND TRAILER PARK SUBDIVISION
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is acceptance of
a 20' utility easement along the south property line of Lot
170 as well as an easement across the south 2' of the north
8 · of Lots 1-8 of Highland Trailer Park Subdivision.
BACKGROUND:
During review of the Highland Trailer Park annexation it was
identified that a public sewer main and lift station are located
in Lot 170 without a utility easement. In addition, in reviewing
alternative means of providing sewer service to the commercial
properties along Atlantic Avenue, the need to obtain utility
easements across Lots 1-8 was identified.
Both Lot 170 and the north 8 · of Lots 1-8 are owned by the
Highland Park Company and dedication of easements across these
lots were required as conditions of the Highland Trailer Park
annexation. Upon recordation of the easements, Environmental
Services will proceed to design and construct a sewer facility
(main) and then require connection by the existing commercial
properties which front along Atlantic Avenue.
The City Attorney has reviewed the easements and approved them as
to legal sufficiency.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board recommended approval of the
Highland Trailer Park annexation on March 16, 1992 subject to
conditions. One of these conditions was to provide the easements
now before you. No separate review of the easements are required
by the Planning and Zoning Board.
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City Commission Documentation
Acceptance of Utility Easements Across Lots 1-8 & 170
for Highland Trailer Park Subdivision
Page 2
RECOMMENDED ACTION:
By motion, accept the utility easements across Lot 170 and Lots
1-8 of the Highland Trailer Park Subdivision.
Attachment:
* Location Sketch
* Copy of Easements
PD/CCHTP.DOC
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'!HIS naNImE, IIBdi! this --lit.!:l day cJ! A D r i1 , 19...2b tv en:! teI::w:Ien
Hilzhland Park Company, tmties (1 t:l'e first tmt, en:! t:l'e Cl'IY CF IHRAY EElOf. a F1crlda
lllI'Iicip!l. axp::a:atien in F91m B:edl 0:1I'lty, state (1 F1crlda, ps.r:ty eL t:l'e seo::rrl tmt:
~: 'Itat tte ~iES (1 tte fiIsttmt, fa: en:! in a::rsicEtaticn (1 tte sun eL 'la1
($10.00) O:ll.l.ars en:! cfrer: g:x:d en:! \EI1UJb1e arsic2t'aticns to it in l'En1 pdd tv tte said pnty (1 tte
seo::rrl ~, t:l'e Ia:Eip; eL lohich is 1'Et"E!1:f ~, d:ss l'erety grant, l:m1;Jain, a!ll en:! rela:Ise
U1tO t:l'e ~ eL t:l'e seo::rd tmt, its $I~ en:! assigl9, a riltE cJ! Wi!:f en:! p;!1'p:!b.Bl EB9BlB1t fa:
tte pJrp:Se eL: IIti] i ti es with full arrl free rigt;, lil:etty, am authrity to a1l:eE' qm arrl
to irstall, q:erate, an::! naintain su:h Ut it i tie s \.l'deE' , across, t:hro.J;t1 an::! qm, CNer, \.l'deE' cr
within tte fal..lowin;J cEs::ril:a:I ~ l.alrt:a:i in Palm RB:tl O:l.rlty, F1crlda, to-wit;
JE3:mPI'ICN
SOUTH 2 FEET OF THE NORTH 8 FEET OF LOTS 1 THRU 8 ON THE PLAT OF
HIGHLAND TRAILER PARK RECORDED IN PLAT BOOK 24, PAGE 213. ,
O:ra:mitant arrl a:ex!:a'\She with this rig-d;, is t:l'e f'Ur1:h3:' rigt; in tte ~ (1 tte seo::rd
tmt, its .... A".... ... an::! crssigs, (1 ~ an::! egn:ss CNer arrl en ttat p::rti.cn (1 1a-d da9:::ril:a:I
aJ:o.e, to effect t:l'e p.np::sss (1 tte eEl93lB1t.
'llat this EBSEJlB1t SBll be abject O1ly to t:h::m e:ase.",ll.~, restricticns, an::! m:a:vaticns (1
mDtd. 'Itat t:l'e pm,;.ES (1 tte fiIst tmt agrEe to p:OO.cB fa: t:l'e relEese (1 CI1' CI'I:l allll'C.rtga,jes cr
liens ax:uri:erin;J this 63SEllB'1t. 'Ite tmties (1 t:l'e fiIst ~ also agrEe to em:t lD b.li1clirg cr
Tffect CI1' cfrer: Idrn (1 anstru:.'tiO'1 cr ~ ~ t:l'e a1x:7.e-das::ri p:q:etty.
Parties eL tte fiIst ~ cb tera:::rf fully wmant tte title to said larrl an::! will d:!fEn:I tte
serre cgllrEt t:l'e lawful c1a.iJrs (1 all ~ ~ cl.ainai tv, t:m::ujI cr U'd:!I:' it, ttat it J-as
g:x:d riglt arrl lawful auth:ri ty to grant t:l'e aJ:o.e d3s::rib;d EeSal'S'"t. / arrl ttat tte serre is
1.I'B'D.tlt:e!a. aere t:l'e a:nt.ext (1 this Easata1t D:ed a1.1.a.s cr PDdts, ~ serre S'all in:1.uE tte
9~ cr assigs (1 tte ~ies.
IN Wl'INES5 WiERB:F, tte putiES to this Easata1t D:ed set tteir ten:ls CI'I:l 9:Bl.s t:te day arC
year first aJ:o.e 'fIritten.
~: Ff\RI'IES CF 'IJE FIR3r PJ\RI'
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(rsre ~ cr typ:! written) (rsre ~ cr writt!!r\l... ::
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tv ~ . ~ (rare of ~ ~), Wl:l is krnn to rre/ac tas
IJ// ~ (tyt:e of id31tificatien) ~ id31tiflcat~ l<riiitf take (I'l
CBth. .
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::;'1.t1e cr as-jc Notary Publle, EStat~aO; 2t~~;I:;3 Sig8t!tte cE A:!rs:n ~W.- ~~
~l1Y Commlss1c" lI:~.,,~ , . A,1'iP'''lcy .I.~~ ~,,-~,~It,f
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1HIS nmJIrnE, na::e this ./{ '1 rt day eL ~;t: , 19$ 'of cnl ~
Hi]:lhland Park Company , ~ies eL tre first:. , cnl tre crIY CF ~ axH, a Flcrid3.
nmici.IBl axp:a:atiOl in Palm aa:h a:urt:y, State eL F1crid3., p!rty eL tl'e seo:rd put:
W1'll'ESEIH: 'Itat tre ~ias eL tTe first plrt, fer em in cx:nsicEtati0l eL tTe sun of '!B"I
($10.00) I:bl.lars cnl ctter g:xxI cnl \EllUabl.e a:nsideratialS to it in h:n:l prlcIly tTe said puty of tIe
seo:rd ~, tTe recei{:t eL 1ohi.ch is tereI::Jf ~, <D:s tereI::Jf grant, 1:&girln, sill ard rel.ea..ge
lI'lto tl'e p:uty eL tIe seo:rd put, its 9" -- WI:> em assiglS, a rlg,t eL \BY em p:!lp!t:ral eBSErrB1t fer
tl'e p.IIIX:l5e eL: sanitary sewer with full arC fn:e rig1t, J.ll:erty, arC autl'ai.ty to S'ltet' Lp:I1 arrl
to install, q:erate, cnlllBintain ad1 san ita ry s ewe rurlel:, acn:ss, t:l'1ro.l;t1 em qDl, CM!!!l:, urleI: er
within tle foll.c:JrIirq d.!!s:ril:e:i p:q:erty J.o:::ataj in Rl.lm Ba:d1 a:urt:y, F1crid3., to-wit;
r:e:RIPI'ICN
See Exhibit 'A' Attached
Cb'xDnitant arC a:exI:a1Siw with this rlgt. is tle 1'I.II:t:la: riglC in tre puty eX tre oo:x:n:l
put, its !SJ~ em assigs, cL in;p:eea em e;p:ess 0Jer arC 01 tlat pxticn of 1an:i d.!!s:ril:e:i
ab::M:!, to effect tl'e p.np::ses eL tre easarmt.
'IlBt this EB9BlBlt EtBlll:e abje::t mly to th:se ~,,,,,tt..., restri.ctialS, em ~icns eL
re:crd. 'Itat tre ~es eL tre first put agree to p:tMcb fa: tre telea.9:! eL CI1}' arC all rror:tga:}:!s a:
119'\9 ~ this eesaTSlt. 'II'e piI'ties cL tle first put a1s:> agree to eIe::t ro b.l.i.1.d.iJ'g cr
eff~ arr(_ctmrJdnj eL ~ cr ~ q:x:n tre ~ p:"tp!rty.
Flarties eL tl'e first put cb l'er:'eqt fully WU't'<rt, tle title to said 1an:i cnl will Me-d tl'e
serre agairst tre laWful c1ainB eL all pers::ns ~ cWna:'I ~, thtt:ujl a: ,\.l'XEt' it, trat it ras
g:xxI ~ arC laWful auth:rlty to grant tre ab::M! d:s:ril:e:l eBSErrB1t / arrl tret tl'e sne is
UB'l:.Ult:e:e:I. W-ere tTe a:nt:ext eL this Els:na1t I:.ee:1 al.laos a: p:!O!'d ts, )te serre S'Bll in::1trl? tl"e
Sl~ er assiglS eL tre ~ies.
IN Wl'INESS W!ERH:F, tl"e puties to this Els:na1t I:.ee:1 93t tl'eir tan:is cnl see.!.s tl'e d3y an::l
}e3r first ab::M:! 'Wrl ttal.
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( p:int:a'I a: ~ 'Wrlttal) (rare ~ cr ) C;YIJ~~ &:.;{};/e?L6'
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A6 - j/ <;" /} 'v1 - (rare trinta1 a: typ:! writta1) -
L' f E: . c:... rr ~
(rare r;rinte:i a: ~ 'Wrlttal)
(ad:lr:er;;s )
S!l\'IE CF~A<<-
<XlNIY CE {r/l.l-"I.~,,-,
~ fore;pJ instr.uta1t WlS ~ l:efcxe ne this J.2!t d3y cL /?I.J;v! ,19:; ?,
ly. . . d-U (rare of p?IS:rI ad<ro4ed:;/3:I), w is ~y'-' l<rOoll to rre/or res
[1'Cd..nd ~jA (t}1:e of iart.ificaticn) ~ iart.ifiCatii:ri em.'ofO ill.d(~) take an
cath. _,
.., 1 f I
N::taIy F\.b1ic .~./ / I /, ..
. <Ifi~~ - . <.~'(~-Z__
Title a:: Prt>, . of fers:n 'nlIdrg ki<ralla:i;Jta1t
I 'f,o"t\s I -y:- ~
sta'l.80 '2,\. \.(\1:'1 ."" _
ou",\<, .... ~.~.., ~~ " rc, c #;1'f k. D !: ff/f: r k..
~ai Rnt:er, if ~,'~;i,,;~~~' ,\e"'" N:rre cL ~l.e:i;ler~, Prinl:a:l a: ~
000
- . ,- -.. .
'.
r' ,......~_;.,......~-:.4~ ~
PROPOSED 20' UTILITY EASEMENT " .
EXHIBIT 'A'
I
LAKE WORTI-I DRAINAGE DISTRICT R/W
!
I 730 I t
-
" .l\
,
J
I
I
0\ REMAINOEI?
~ LOT /70
...... (NOT INCL.I.JOEO)
~ 10'8I/IlOlNt; j
....,
~
- Slir/JACK LINE (P') ~
..- EA S r 211. 47' -l ~ C)
.\::,:::.:,!':.!::.,...i~.j!.::!,:,:.!.i!::::.!!..!:,:::.!.!.!:..:!:!:!:.,::,:'::.i!::,,:!i!:!:i:'::.!:::,:.'ii::,::i!.::!.,:!..!:::.:,::::::':."::!:::!.:.,:::!,:'.::.:.:.:!:.!: ::: ~ f CC
,
I
R" 25.00' WEST 186.~' CI) ~
d"i&OZ7'47" South Bovndoty
A=34.Z4' '->
~ PINE GROVE ORIVE. .......
~
,- ~
I ~
<<X)
I ~ I ~OJ
1 ...... I
V) I I
~ I
:::t t
~
.......
~
PREPARED BY.
A VIROM-HALL & ASSOCIATES. INC. JOB # 4292.
. LAND SURVEYING DATE: 04-02-132
LAND DEVELOPMENT CONSULTANTS
50 S.W. 2ND AVENUE. SUITE 102 SCALE: I" = 40'
BOCA RATON, FLORIDA 33432 SHEET~OF~_
(407)392-2594
---~ ._---~-,----_._----~
,.
.-
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER[1!l1
SUBJECT: AGENDA ITEM it ~. Q..., - MEETING OF MAY 26. 1992
RESOLUTION NO. 61-92
DATE: May 22, 1992
This is a resolution authorizing the purchase of property located at
141 S.W. 12th Avenue for the purpose of establishing a Police
Substation.
The purchase price of this property is $30,000. The Community
Redevelopment Agency has entered into a contract for the purchase of
this site which will be assigned to the City. That item is also
located on this agenda.
Recommend approval of Resolution No. 61-92.
,. .",.
. .-
RESOLUTION NO. 61-92
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, WHICH PROPERTY IS LOCATED AT
141 S.W. 12TH AVENUE, DELRA Y BEACH, FLORIDA, HEREBY
INCORPORATING AND ACCEPTING AN ASSIGNMENT OF THE
CONTRACT STATING THE CONDITIONS AND TERMS FOR THE
SALE AND PURCHASE BETWEEN THE SELLERS AND THE
COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF DELRAY
BEACH, FLORIDA.
WHEREAS, the City of De1ray Beach, Florida, wishes to acquire
certain property located at 141 S.W. 12th Avenue for the purpose of
operating a police substation for municipal benefits; and
WHEREAS, the Community Redevelopment Agency of the City of
Delray Beach ("CRA") entered into a contract with the Sellers, and the
City and the CRA have entered into an agreement assigning the CRA's
rights and obligations as stated in the contract to the City; and
WHEREAS, the Sellers hereinafter named desire to sell the
property hereinafter described to the City of Delray Beach, Florida; and
WHEREAS, it is in the best interest of the City of De1ray
Beach, Florida, to purchase said property for the purpose described
above.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray
Beach, Florida, as Buyer, hereby agrees to accept the assignment of the
CRA's obligations as stated in the contract for the sale and purchase
with James E. Vance, as Seller, for the purchase of land for a police
substation for the purchase price of Thirty Thousand Dollars
($30,000.00), and other good and valuable considerations; said parcel
being more particularly described as follows:
POLICE SUBSTATION
Lot 11, Block 6, Atlantic Gardens, according to the
Plat thereof on file in the office of the Clerk of
the Circuit Court in Plat Book 14, Page 63 of the
Public Records of Palm Beach County, Florida.
Street Address: 141 S.W. 12th Avenue
Delray Beach, Florida
Section 2. That the costs of closing and transactions, title
insurance, document preparation and attorney's fees shall be borne by
the City of Delray Beach, Florida.
Section 3. That the terms and conditions contained in the
aforementioned assignment agreement and contract for sale and purchase
and addenda thereto between the City of Delray Beach, Florida, the CRA,
and the sellers as hereinabove named are incorporated herein.
PASSED AND ADOPTED in regular S~~daY of
'-171 Ll..l j , 1992.
I
ATTEST:
() I/urn ~I'.}li I r JlG4ir
. City Cler
,. ,.",
"
~.........
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER 'II)
/
SUBJECT: AGENDA ITEM i .:g. C . I . - MEETING OF MAY 26. 1992
ACCEPT ASSIGNMENT AND APPROVE CONTRACT FOR PURCHASE/
POLICE SUBSTATION
DATE: May 22, 1992
This item is before you to accept assignment from the Community
Redevelopment Agency and to approve the contract to purchase
property at 141 S.W. 12th Avenue for the purpose of establishing a
police substation.
The contract purchase price is $30,000. Funding is available General
Construction Fund Prior Year Surplus (Account No.
334-0000-301-34.00). Closing is scheduled for on, or before, June
15, 1992. Community Development Block Grant funds (up to $25,000)
will be used for the rehabilitation and renovation of this unit. It
is anticipated that the structure will be converted to a housing unit
for a low to moderate income family at the end of its temporary use
as a police substation.
Recommend acceptance of assignment from the Community Redevelopment
Agency and approval of the contract to purchase property at 141 S.W.
12th Avenue.
"
.
-
"
.
MEMORANDUM
TO: DAVID HARDEN - CITY MANAGER
FROM: LULA BUTLER - DIRECTOR, COMMUNITY IMPROVEMEN~
SUBJECT: POLICE SUBSTATION - 141 SW 12TH AVENUE
---
DATE: MAY 21, 1992
ITEM BEFORE THE COMMISSION:
- -
Request City Commission approval of the contract for acquisition
of the property addressed as 141 SW 12th Avenue, Lot 11, Block 6
Atlantic Gardens, for use as a police substation in support of
the Community Policing Program.
BACKGROUND:
The Police Department has determined that it is beneficial to
have a substation located in the southwest section of Delray
Beach, which is the current area of concentration of the
Community Policing Program. The opening of a police substation
will assist in the coordination of activities and provide the
support needed for existing residents to create and effect
change.
The Community Improvement Department will be responsible for the
rehabilitation and renovation of this unit using CDBG funds in an
amount not to exceed $25,000 pursuant to federal guidelines. It
is anticipated that the structure will be converted to a housing
unit for an eligible, low to moderate income family at the end of
its temporary use as a police substation.
The Community Improvement staff will be responsible for creating
the work writeups, bidding out the renovation project and
construction administration. The appraisal report was supplied
by the Community Redevelopment Agency and the contract for sale
was negotiated by Attorney Federspiel, which has been reviewed
and approved by our City Attorney.
RECOMMENDATION:
We recommend the City Commission approve the acquisition and
renovation of the property located at 141 SW 12th Avenue for the
purpose of providing a police substation.
LB:DQ
Attachments
D13 SubSta.CC
..
.
M E M 0 RAN DUM
May 18, 1992
To: Jeff Kurtz, city Attorney
From: Lula Butler, Community Improvement Director Li!J / Cf.
Subject: contract for Purchasing Proposed police Substattion
May 26, 1992 Commission Agenda
Attached for your information is a copy of the appraisal for the
property located at 141 S.W. 12th Avenue. The authorizing
resolution is being scheduled for the May 26, 1992 Commission
Agenda. A copy of the Public Notice of the City's intent is also
attached. please note that the publication is scheduled for May
19 and 24 in The News.
-
.
NOTICE OF INTENT TO ACQUIRE REAL PROPERTY
- - -
NOTICE IS HEREBY GIVEN that the City of Delray Beach,
Florida has determined it to be in the best interest of the Ci ty
to purchase certain real property, for municipal purposes, more
particularly described as follows:
Lot 11, Block 6, ATLANTIC GARDENS, according
to the Plat thereof, on file in the Office of
the Clerk of the Circuit Court in Plat Book
14, Page 63, of the public records of Palm
Beach County, Florida. Subject to easements,
restrictions, limitations and other matters
of record, for the purchase price of Thirty
Thousand Dollars ($30,000) and other good and
valuable consideration. The costs of closing
the transaction, title insurance and document
preparation to be borne by the City of Delray
Beach.
A Resolution of the City Commission of the City of Delray Beach,
Florida, .authorizing the purchase of the properties at the price
and on the terms and conditions set forth above, and as may be
further set forth in the Contract for Sale and Purchase, will be
considered for adoption by the City Commission at a regular
meeting to be held at 6:00 P.M., on Tuesday, May 26, 1992. Said
Contract for Sale and Purchase can be inspected at the Office of
the City Attorney, 200 NW 1st Avenue, Delray Beach, Florida,
PUBLISH: Delray Beach News CITY OF DELRAY BEACH
May 19 & 24, 1992 Alison MacGregor Harty
City Clerk
"
DALY APPRAISAL FIRM. INC. .
-,
APPRAISAL Of
--~ ? -
--... .. -'. ....
. -~ ~ --
:r _ .....::......_. . ",
ADDRESS
141 S,W. 12TH AVENUE
DELRAY BEACH, FLORIDA 33444
fOR
COMMUNITY REDEVELOPMENT AGENCY OF DELRAY BEACH
FOLIO #:12-43-46-17-23-006-0110
AS OF'
MAY 1ST, 1992
BY
DIANE M. DALY, SRA ST.CERT #RD 0001103
. DALY APPRAISAL FIRW. INC.
p",_. o..cnDbo. " A...I.... UNIFORM RESIDENTIAL APPRAISAL REPORT n..... 92144
p;;;;:;.;.,v Sod'''' 141 S.W. 12TH AVENUE c-us T""t 68.01 ENOCR QlSCRETI()NAR'I US(
Cit- DELRAY BEACH COoJntv PAL" BEACH Stole n Z;oCode 33..<4 s.... Pric. S N/A
, L""'" ae.c.nt",. ATLANTIC GARDENS DELRAY LOT 11 BLOCK 6 lIftt.
t.,.: Owr.r/Qccu""nl MR. JAMES VANCE Mon ReIer""". 46-<43-17 t.lcrtQ090 Amount S
U
w Sole P'>C~ NI A Do.. of Sole N/ A PFl()P(RTY RICH TS AF'PRAJS(D UortQ090 Type
...
! Loon chOmes/concess.ons to ~:XJ1(j bY setl<<'l N/A !Xl ~ee~ ();scount POot't. _ Ottwr Canee..",""
II>
RE Tox..~ I 87721 Tax Yeo, 1991 HQAS/Mo. N/A OLeosehold POod by SeIer S
i.ef"derCJlent COMMUNITY REDEVELOPMENT AGENCY OF DELRAY o CondornrIlIn(HIJOIV A)
, FOLIOH: 12-43-46-17 23 006-0110 l De_PUl c:.......
, LOCATION blUrtlOt' ~ Sutlurtlan DRUIQi I'<EQ-<<lRHOOO .o\NAL YSIS Cacd Avq, roll' Poor
, 00 Over 75_ o 25- 75_ o Urdor 25_ ~tStobility 0 000 ,........
BUll. T uP U
CRQWTH RA TE o Rapod 00 Stable o Slow Canv......,. to ErrllIoyment 0 000 0
i PROPERTY VALUES o lrc(eo$lng 00 Stobie o Oeclirirq Canveroen:e to SI-""l 0 000 0
DOAoANDISUPPI. v o Sl'artage ~ In 8alorce o Over SuI>\lIY 10$c_ 00 00 0
MARKETING TI!AE n Under) Mos. X )-6 Mos. Fi Over 6 Mos. ....... wry to Public: T ransportot"", 0 000 0
I PRESENT LAND USE - LAND USE CHANCE PR([)(JI,INANT SINGlE ~ AMIl y HOUSING Recreation F oci~ties 0 000 0
i~ $Ongle ~amtly ~ Not Likely 00 OCCUPANCY PRICE AGE Adequacy 01 UtiUlies 0 000 CJ
2-4 ~anty - Likely 0 Owr.r 00 $ (000) (y"l Pnlperty Ccrr1latibiiity 0 000 0
i~ ~t'-'anIy In process 0 T enont 0 12 Low ~ I'nltection Iran Detr'rnentol Corel. 0 000 0
CClTl"'efCIOI --.l.Q T a' Vacanl (0- 5_) 00 51 ..... ~ Pnliroe & FOre Protection 0 000 [J
.Q Inctustnol Vacent (aver 5") 0 P,edaTirclnt Genotot AQpeoran:e 01 Pfcperties o COO C
,It 5 30 - 30 A...-. to MorI<et Fi n 'Xl n
I Vacant
I Note: Race or the roc",1 c_tion 01 the neiq/'otlcmcod ore rot considered reliable OIlIlf'OisaIlactcn.
I Cow.t:NTS: PLEAS~ SEE ADDENDUM FOR FURTHER ANAL YS I S ON N~ I GHRORHOOO COIolWEIITS.
[
I
I 0rner6<ans 50 Front x 137 Left x 50 Rear x 137 RilJht T ClIlOQtOIlhY LEVEL AT STREET GRADE
Site Area 6 ,850 Soft eo.- Lol NO koze TYPICAL
, k........
Zor-ng ClasSIfIcatIOn R-1A RESIDENTIAL ZOtWlq CompIicne YES REC1'ANGULAR
, HIGHEST & BEST uSCP'esent Use YES Other Use NONE Orarogo APPEARS ADEQUATE
UTILITiES ?ubllC Other SITE IMPRQVE!AENTS Type Public Private View RESIDENTIAL
I 00 ASPHALT 00 0 FAIR
tw Eleclndy Street Larclsc:aQong
'po Gas o NONE Curtl/wlter NONE 0 0 IlrivfWOY CONCRETE
i:ii
Water 00 Sid,,,,,,lk YES 00 0 IApparenl EO_I' TYP-UTILITIES
Santary Sewer ~ Street Log"t. YES ~ R F'EloIA ~Iood Hazard v... Na X
SI_ Sewer AileY YES-DIRT F'EMA. Mon/Zone .125102 0004 D 1/5/89
Cow.t:NTS (APllO'ent adverse eosernen... encroacm-.tnts. spec",1 ossessments. slide oreas. etc.): AI.L EASEWENTS ARE OF RECORD. THERE
WERE NO APPARENT ADVERSE EASEMENTS ENCROACHWEIITS OR OTHER CONDITIONS OBSERVED. A CURREN'T
SURVEY WAS NOT PROVIDED ALL DATA IS TAKEN FROW CURRENT PLAT MAPS
GENERAL DESCRIPTION EXTERIOR DESCRIPTION ~QVNO.I. TION lY&!AENT INSULA T \ON
Vnts TWO ~~t"", POURED CONCRETE Slob YES-CONCRETE Lv.., Sq. n. NONE Rool UNKNOW ,-
. Stones ONE Extenor Walls CB/STUCCO rawi Sl>ace NONE OBSVD ...~ N/A ::eoI;ng UNKNO _
"'I Type (Det/illt ) ATTACHED R",,' Surfoce ASPHALT SH I NGL Basement. NON OBSVD 1-....... N/A WolIs TYP]J
S Des.qn (Slyle) RANCH ;Utters & Ow_t.. NON" S__ PuTc> NON OBSVD -.. N/A ~""" UNKNO =
3 EXISting YES Wi,.a,. Type NONE ilarT'voess NON OBSVD F'1oct N/A None iliA -
l; P,_ NO SI_ Sosn NO Setttement NON OBSVD n"I_Enlry N/A dequocyTYP -
S unoer Const'Uction NO OB~ NO BASEWENT -
;ereens NO Inlestation NON Enet1'N Effic.~nf It~:
Age (v"j 25 Mo....lactured House NO STANDARD
Effect.., A ,Iy".) 40
ROOMS 'over Liv;M Di""" Kitchen Den ~""'I Rrn. Roc. Rrn. Iledroon'8 - , Bat,. L~--- Ottwr Are<] '" "
po Basement 0
~ Ltvell 2 2 2 6 5.0 2 319
! eve! 2
F"iriSh!d area oMy. nrode contaiN: 12 ROOTS' 6 Bedroom( s ): 5.0 Bath s' 2 319 S uore Feet of Gross L;Vlna J.reo
SURF ACES MotenolslCondit"", H(!I TlNG KiTCHEN EOUIP JATTIC lof'ROVO,€NT Ai'W. YSIS Good A"q, Fatr 0"",
~Iocts TERRAZZO Type NONE Refngerator 0 None 00 Quality 0' Construction 0 00L:
Wall. DRYWALL/POOR ~uel N/A Ronge/Oven 0 ~ton 0 Condition 01 ~ements 0 DC -Xi
I TrrrV~."," WOOD/FA I R Card,t"'" N/ A Disposal 0 0rllIl Slairs 0 Roan SizoslLoyaut 0 We
~ Bal" ~Ioct P ART I AL TILE Adequoey N I A Q;shwosl'et 0 !scuttle 0 Closets ono Storoge 0 000 --
5' Bal" Wa,nscot NONE OOlING ~ on/Hood 0 WIoct 0 Energy Effcoency 0 LXJCJ --
il~ HOLLOW-CORE WOODI Central NONE ~torO iHoated 0 ~-Aclequocy & Condition 0 O~ X
POOR Ottwr NO WOslle'/Oryer(] .- R Iectncal-Aclequocy & CarOt"", 0 r- ._ X
L.-.J~
Cardit"" N I A ~crOwC....e 0 Kitchen Cabret.-Adoquacy '" Cor1l.0 C' X
,i;;:;;;;"'oi;lNONE N AdeOuocvN/A Intercom n rl u...",tollilily to ~ 0 C X
~i CAR STORAGE, Goroqe B A ItOC"",, !d AdequoteO House Entry U -'" '" MorI<etobility 0 C.X' --
-
;jNo.Cat'$ _ Corport Detoc"",, 0 Iro<leQuOte 0 Putsode Ent~R Estmlted Remaining ECOt'O'f>C L,fe 20 "
C I CordltlOn None Fx'i &'1111-1" n (Iectnc Door n Basement Ent E.tirated R 01 L,le N/A
, PLEASE SEE ADDENDUM FOR ADDITIONAL COMWENTS ON SUBJECT PROPERTY FEATURES
AddlhQ'lQ. feotl..o(~.
-
-
i - --
j JepreClotion (P"'YSiCOI. fUlY;tlonol ana externallrOOeQlJOCleS. repolfs needed. rT'Odemzotion. etc.): PLEASE SEE ADDENDUM FOR COMMENTS ----.
....,i REGARDING PHYSICAL AND FUNCTIONAL INADEQUACIES OBSERVED. THE SUBJECT PROPERTY IS IN POOR
-,
z: CONDITION AND EXTENSIVE REPAIRS ARE NEEDED.
....
s; - -
>I' ---~
B: :.e"lefOI rrcrket C::'~lt,cns Or(] pre"olence ana ilTIOOCt;n SulJ}<<tll"\"'rJr1<et Qfeo regarding loon discounts. Interest buydOwns and conceSSIOnS; MORTGAGE --
. INTEREST RATES ARE AT THE LOWEST LEVEL IN MANY YEARS. THE GENERAL MARKET CONDITIONS ARE
-----
CONSIDERED TO BE GOOD. 'THE PREDOMINANT FORM OF FINANCING 111 'THE AREA IS WITH FH.A. AND Y A___
MORTGAGES. THERE ARE NO KNOWN LOAN DISCOUNTS INTEREST BUYDOWNS OR OTHER SALES CONCESSIONS
.~':':'~ Vcc ;:-"),..... ..,~ C~O) - - - 2':.7') F'o",,~;lIe PC-Plu,'" (800}262-4805 =::-"'!',,,:,!, =:~
- - .
..
VoIuotioIl Sect... UNifORM RESIDENTIAL APPRAISAL REPORT F"iIe No. 92144
I "'_ of """"ISOI 's to est""telAotl<et Value os def<nOd in the Certifcotion '" Stot_t 01 L....... Corditior&
BUlLOING Sl<ETCH (SHOW GROSS LIVING AREA ABOVE GRACE) IESTI.I/\TEO REPRODuCTION COST -r-.(W-OF IIIFROvo.l:NTS:
II lOt "oddle t.loc Of F~~. shaw""'y sq.ft cotes 4< cost OIlPfOOCh C""""""ts in this space. 0w0InI 2.319 Sq.,tO$ 35 -$ 81 165
41.0 X 30.8 X 1 - 1263 Sq.,tO$ -
44.0 X Z4.0 X 1 . 1056 Extras NO FIXTURES OR FEATURES -
I Total: 2319 PLEASE SEE AOOENDUW -
~ (nerqy (fficifnt n.... NONE OBSERV -
f THE COST APPROACH WAS OBTAINED BY USING MARSHALL Porches. Patios. ttc. PAT I 0 = 500
~
~I AND SWIFT'S NATIONAL COST CALCULATIONS AND FROM ~Corport _ Sq.,t. 0 $ -
LOCAL BU I LD I NG CONTRACTORS. Total uti'llOted Cost New I~ - $ 81 665
Physocai , urctional ExtetT'Cll
THERE WERE NO VACANT LAND SALES AVAILABLE IN' THE ~iotion 44 443 I~ 000 IE 0-$
ig SUBJECT AREA. LOT VALUE WAS ESTABLISHED USING THE 59 443
MARKET ABSTRACTION WETHOO USING THE COWPARABLE ~ioted Value 01 __ts -$ 22 222
SALES BELOW. Isote~. "os os" (dr'vewoy.lonclSCOporq. etc.) =$ I 000
! EST~TED SITE VALl..( =$ 7 000
(~_. show Otty _ value.)
INDICATED VALur BY COST AI'f'IIOACII -$ 30 222
(Not Requofed by F'odd,e t.loc 0"" Fa..... Mae) ~truction WOlTQtlty Dyes lXJNo
Does property conlann to OOPhCOble HUONA property stOtGltds? o Yes 0 No Ncme of WQtTOI\ty Progrom
II No. expioon: N/A ~onanty Coveraqe Expires
The ~ toos ."",ted ttvee roc..,t soles 01 propert... most srnilor ord proxmote to subject ord has conside<od these in the lTlOf1<.t <rdysis. The description ndudes 0 dOllo'
adjustment. 'elleelng .,...,l1Iet reaction to those ,tems 0/ siqilicatt ...ariation bel...... the subjOCt ord =-- pn>perties. W a sopflCall it.", il the cornporoble -'Y is $l.Jpetl(X
~'~"7::":6~~:~~'s~~~~~~~:~~ ~(i~=:-'~ -=~~~ee~~=.:.. ~~~f~~~., 0 siqiflCall it.", in the c~bIe is inlenor to.
ITEM I SUBJECT COIof'ARASLE NO. I COIoIPAAABLE NO. 2 COIof'AAABLE NO. 3
141 S.W. 12TH AVE. 246 N.W. 13TH AVENUE 352 N. W. 5TH AVENUE 229 N.W. 15TH AVENUE
Address DELRAY BEACH FL. DELRAY BEACH FL. DELRAY BEACH FL. DELRAY BEACH FL.
Pl"Oximitv to Sub"'" IIIIIII
SaleS Pnce I~ N/A IIIIIIIIIIIIII~ 34 000 ~ 37 000 III" 1111111 ~ 38 000
Pnce/Gross Llv Area I~ 0.00 II~ 24.18 1111111111111111.. 28.461 25.43 111I111111111111
Ooto Source INSPECTION REDI/PUBLIC RECORD
VALUE AOJ\JSHAENTS DE:SCRIPTION DE:SCRIPTION +1-11; Ad'usllT'<<l llESCRf'TION +I-~ Ad'usllT'<<l OCSCRlPTION +{-J$ Ad'ust""",t
Sales or fOrorc,rq 111111111". FHA t.<<:lRTG CONV. WORTG CASH SALE
Concessiore ~34 000 - 700 ~33 250
Oote of Sale/Tine N/A 11/91 2/92 5/91
Location INTER/AVG INTER/AVG CORNER/BUSY . 2 000 INTER/AVG
SiteIV_ RESIDENTIAL TVP/RESID TVP/RESID TVP /RES I D
.1 Oes.on ord Aooeol RANCH/AVG RANCH/AVG RANCH/AVG RANCH/AVG
; C\.Q1v of Construct.", FAIR FAIR FAIR FAIR
. A"" ACT25EFNOI ACT7 EFFI01 ACT30EFF15 I ACT33EFF201
. Cordition POOR 1 FAIR I - 15 000 AVERAGE I - 20 000 FAIR 1 15 Ol
tl Above ~ode Totol If3dmos I 8<lths Totof If3dmos I 8<lths Total 1!!d...1 8<lths Total 1!!d1mS I Baths
I Roan Count 12 I 6 15.0 6 I 3 I 2.0 . 6,000 8T 41 2.0 . 6.000 8 I 4 I 2.0 + 6.000
I~ Gross lviM Area 2 319 c;",t. 1 406 SaFl + 13 700 1 300 -~. Fl. . 15 300 1 494 Sa Ft + 12 400
I . Bosement '" Finished NONE NONE NONE NONE
I~ Rooms Beiow Grode NONE NONE NONE NONE
f : FUr'Ctioral UtNitv AVERAGE AVERAGE AVERAGE AVERAGE
I .... Heolo""/CooIinn NONE CENTRAL - 1 500 NONE NONE
Go~/Co""'" NONE NONE NONE CARPORT - 1 500
Porches. Patio OPEN PATIO OPEN PATIO OPEN PATIO OPEN PATIO
Pools etc. NONE NONE NONE NONE
Soecool Enerqy STANDARD STANDARD STANDARD STANDARD
(ffICient Items NONE OBSERV NONE OBSERV NONE OBSERV NONE OBSERV
,irl!Olacei s) NONE NONE NONE NONE
Other (e.g. kitchen NONE STANDARD STANDARD STANDARD
,_ ,_~, __ FEATURES - 10 000 FEATURI S - 10 000 FEATURES - 10 000
NetAdi.ltotof) i . rXl-l~ 7 500 l + X - ~ 6 700'" 8 100
Ii :::~alue IIIIIIIIIIII~ 26 500 llliilll III ~ 30 300 I" 29 900
.... Cannonts on Sales CcIT'ClOrison: PLEASE SEF. ADDENDUW FOR FURTH RCYiii NT!:l OH~~ COWPARISON ANALYSIS.
..... PLEA~F. NOTE: THERE HAS BF.EN NO PREV I OUS SALE OF T IR ~IRJ CT PR(pRIl'I'V WITHIN THE LAST YEAR
:; INlXATED VALur BY SALES COIIPAlIISOH APPRClACN $ 30 000
i INDICATED VALUE BY 'NCOI<< AJl'PflOACH (If AppIicat>le) Estmoled lAotI<.t Rent S H/A /r.lo.. c.- ReotWl__ N/ A -$ N/A
. ... Thisoppraisal is orode 00 .os <s" 0 subjOCt to the repo,~. olt.",t.".... ;nspect."... or condiliors listed _ 0 ~lion per plons 0"" spoof""t."....
I/CannontsonlCond,t.....OIAOPrOosot: THIS APPRAISAL IS SUBJECT TO THE ATTACHED GENF.RAL ASSlMPTIONS AND
. LIWITING CONDITIONS. PLEASE SEE ATTACHED ADDENDUM FOR FURTNF.R ANAI.YSIS
l"noiReconciliotion: THE DIRECT SALES COIdPARISON APPROACH BEST REPRE~N'N': 'I'NF. INTERACTIONS OF TYPICALLY
I' t.lOTlVATED BUYERS AND SELLERS IN THE MARKET PLACE AND WAS GIVF.N TNF. GRF.ATEST CONSIDERATION THE
~ .. COST APPROACH WAS USED FOR SUPPORT [NCOWE APPROACH I S I NAPPROPRI ATE FOR TH I S ASS I GNMENT
."~. T...s OPll'O",,1 ;s based upOn t~ oOOvo reou"~nts. t~ cert,fOcat"". c""",rqen. 0"" I....teel cordit...... 0.0 Mor1<et VAlue defi"t"", thOt ore stated ,n
: . 0 FrT'V-1A. HUO &/or VA 'nstn..c~lQn:S.
II 0 F'ecldie t.loc Fann439 (Rev 7/86)/Farne ~'ann 10048 (Rev 7/86) f"eeI w,th Client 19 _ 00 Jttac"",,
.. . I (WEl ESTIMATE THE MARKET VALUE, ASllEFlNED. 0, THE SUBJECT PROPERTY AS Of' WAY 1ST, 19 ~t.""$ 30,000 --
f I (wel cert,fy: tt'<lt 10 t~ best 01 my (our) krowledge 0"" bel~1 the locts 0"" dota used he'e.. Ofe '''''' ard correct: that J (we) ~y 'I'iSlleCted lhe S"OJOC' ;:orooe,./. :<J"
Inside or>d out o~ ra.le r""OCe::l1"! e....~nor nsDeCllOn of ~1I'::fT'oorOCje SOles c. t~ n this rePOrt al"d tnot I (we) ~"e ~ un:hsclosed Interest. present or Drcs~' .e .~,~" \
APPRAISErs) , , f [ ,. . REv'EW.?PRAIS(R (. I ' t ,^, IT.
. S,qno'u'e -^ /'}If, ~\( 'll~115t,. '.fJPpl,coa'e)S;onoMe \,'.,\1. :\"{I \.. .'Ll ,.,-,x;~ ~:;'_'
!'lom< DIANE M DALY. S ST CERT IIRD 0001103 ,",ome DIANE1.A DALY SRA RDOOOI'103 ^,:~ o. ,-~
f: reQd.e Mac F om'! 70 10/86 ;2(H 2570 ,orm,iUe PC-Plus'" (800l262-4805 F::nt'IIe "-te ;:')/1""'1 \ee.. : ~o:
DALY APPRAISAL FIRM, INC.
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DAL Y APPRAISAL FIRM. INC.
ADDENDUM
FILE fll: 92144
ADDRESS: 141 S.W. 12th Avenue
Delray Beach, Florida 33444
CLIENT: Community Redevelopment Agency of Delray Beach
PLEASE NOTE: Due to the criminal activity in and transient nature of the subject
neighborhood it was not possible to obtain reliable rental data for the
area. The sales comparable approach was therefore used in determining
market value. The cost approach lends further support.
SUBJECT NEIGHBORHOOD COMMENTS:
The subject property is located in the Atlantic Gardens subdivision in Delray Beach, Florida.
Atlantic Gardens is situated north of S.W. 4th Street, south of Atlantic Avenue, east of
Interstate 95, and west of the South Swinton A venue. The subject neighborhood is maintained
in fair condition. The Palm Beach International Airport is located 12 miles north. There appear
to be no environmental factors present which may affect marketability.
Atlantic Gardens is a well established neighborhood in Delray Beach first developed in the mid
fifties. This area is currently the least desirable area in the city with criminal activity
commonplace. Efforts at improving the area are continually being made since this area is
located so close to downtown Delray Beach. The subject property is located in an area that is
now regarded as the primary area for the sale of crack cocaine in the city. The Delray Beach
Police Department, located only a few blocks northeast of the subject, is considering the
purchase of this property to be used as a police sub-station with the intent of Slowing the
criminal activity prevalent in this area. Upon speaking with Lt. Scott Lunsford of the Delray
Beach Police Department it was learned that drug dealers conduct business in the immediate
vicinity of the subject property. The subject property exceeds the predominant value of the
area however it is one of several duplex properties in the area and therefore does not represent
an overimprovement for the neighborhood.
IMPROVEMENTS:
The subject property is a 6 bedroom 5 bath, I story detached duplex with approximately 2,319
square feet of living area. The subject property was built in 1967. The property is maintained
in poor condition with virtually all of the interior walls havinl been destroyed by vandals.
The plumbing is in very poor condition with most of the fixtures havinl been removed and the
remaining fixtures appearing to be in unusable condition. The window areas arc void of any
framing or windows and are currently boarded up. The kitchen areas have cabinets remaining
in place but in poor condition. There is also exposed wirinl evident in the fuse box and in the
walls. There is some damage to the exterior walls of the property where the electrical wiring
enters the dwelling. Please note that the appraiser is not a building contractor nor a certified I
termite inspector and therefore recommends a thorough inspection be done prior to any further I
action being taken with regard to this property. Exterior improvements consist of an asphalt
driveway.
DALY APPRAISAL FIRM. INC.
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SALES COMPARISON:
Three comparables were chosen for purposes of comparison to the subject property. The
comparables chosen arc the most recent and best data available at the time of this appraisal.
Since the subject property is considerably larger than most of the dwellings in the area
extensive research was required to find suitable comparable sales and it was necessary to
research back one year for comparable #3. The subject area has remained relatively stable and
I therefore comparable #3 still represents current market value. No comparable sales were found
in the immediate subject neighborhood. It was necessary to travel north across Atlantic A venue
to an area very similar to the subject neighborhood. All comparables are of I story design as
is the subject property. Althoulh comparable #1 is a sinlle family home it has a larle livinl
area and was deemed desirable. Comparables #2 and #3 are duplex properties similar to the
subject property. Certain adjustments were necessary to reflect differences in location,
condition, bathroom amenity, Iivinl area, air conditioninl and features. Large adjustments
were unavoidable due to differences in condition and features.
CONCLUSION:
Most consideration was given to comparables #2 and #3 in the final estimate of market value
due to their being duplex properties similar to the subject property. Comparable #1 lends
further support to value. After careful review and consideration of the adequacy and
reliability of the data, the type of property being appraised, the applicability of each approach
to the type of property being appraised and market value soulht, it is the appraiser's opinion
that the sales comparison approach, with the most pertinent as well as the most reliable data,
is the best indicator of value, reflecting best the considerations which typically provide the
motivation for purchase of residential properties. The value as indicated by the sales
compar:son approach, therefore, is selected as the best indicator of value. After a thorough
investigation and verification process, and careful review and consideration of the data, it is
the appraisers opinion that the market value of the subject property
as or Mav ht. 1992 II 530.000
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DALY APPRAISAL FIRM. INC.
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Daly Appraisal Firm, Inc.
( Subject Photographs)
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Front View of
Subject Property
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Daly Appraisal Firm, Inc.
SU3JECT INTERIOR PHOTO ADCENDU~.1
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DRY;~ALL ::'\~:"~::
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. Daly k-\ppraisal Firnl, Inc.
SUBJECT INTERIOR PHOTO ACDa~Cu,L.1
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Daly _-\.ppraisal Firm, Ine.
SU3JECT EXTERIOR PHOTO ADDENDUM -
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( Comparable Sales Photographs)
Comparable
Sale No.1
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Sale No.3
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DALY APPRAISAL PIRK. IRC.
( Floor Plan )
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DALY APPRAISAL_7IRH. INC.
FLOOD INSURANCE RATE MAP
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DALY APPRAISAL FIRM. INC.
l)[rINITION or MARKET VALUE. The .....-t IlFllboCle price wticlI a --'Y sI'cluId ~ in a ~iM and _ _ _ 01.......... '*lUioit. to a fa;,...
the tluye< aftd setter. each actirq 1lIUdenl1'f, k"",,~ CII'd ClSIlIIiNJ the price .. rot affected by .-...linIM. ~ in lI'iI deffttian.. tile __ <A
o sale at 01 0 SQeC,I>ed dal. CII'd the IlCIIIin9 af title f.......... to lluyw _.......... -.tly: (l)tluyw CII'd .... are typicaIy rnatMlted; (2)batt1 parties are'" _..
,m_ or well odv~. and fCldl actirq ifI_ he COI'IIicln lis -' belt int.-t; (3) a '--*' tine.. aboed far 0IlQIlR in tile _ rraket; (4 l ~ iI
~'" 'e"'" 01 U S. cosh daIcn or in t_ of f--=ial o/lllf,g".._tlI ~ ~ CII'd (5) the price ~ the normal carwideralien far tile ~ '*
unalfec'ed oy SQeCcI 01 creat;". rlnOl'C1f'<9 ar soles c:onceaiar&. 9"I'Ied by _ ~ted willl the.....
'AdJUStmenl.10 lhe c~bIes ,""stbe_for Sll4CiaIorCtlOtiw f~orsoles ~ Noacljuslments '" _~ fartlaecasls otIicllare
nQm'CIy pact Oy selIets os 0 <nuIt 01 tradition or low in 0 marlrfl_ _ casta are NOdiIy idefttif_ tirce the .... pays _ _II in wtuaIy 01_
,ronsoct.... $Qeccl 01 creative f;nancirq acljus_. can be made to tile COII'ClCIIObIe ~ by CQII'ClOrisaN to f.....:ing t_ offend by a tIinl party ia-
'"'"'" .....,.. II'clI 's nat olteady i_ in the --'Y or t_tion. Ivry acI~ _ rot be calculated... a mec:torical daIar far daIar cast of tile f.....:ing
01 cone..""'" Out ,he """'" amount of Off'! aclJUI_ sIlauIcl_t. the _r. NOClien to the fl'ClllCin9 ar CClI-=-w _ ... tile QllPI'Cliser'. ~
CERTIFICATION AND STATEMENT OF LIMITING CONDITIONS
CERTlrlCA TlON. T.... "ppraiser ctrtir... CII'd _ lIlat:
1 The ,,_r I'cls na present or c...t....ted fulurw int....t in tile --'Y ~ CII'd noither the ~ to __ the 0IlllfQieaI. ror the =-tion
101 it. .. c...I""l4"t upon the appraised value of the ~.
2 The ApptO<Se< 1'01 na ~ iflterat in ar bias with -' to tile subject malt.. of the appIlIiD rwpait ar the patlicipanls to tile _. The "r.tiT'ot. of
..."..t 1I01ue" in the opproisaI report is rot _ ... _ 01 in port """" the...... coIar, or rotional origin if the ~ -.s or accuponl.ol the -'Y
oPl)roOsod. 01 upon the roce. c_ or national origin of the ~ __ or ~ of the ~ in the .cnty of tile ~ ~
J. T.... Awo;ser 1'01 persoroIy "-,,ted the~. bot/l iNide and aut. CII'd'" _ ... exterior __lien <A 01 COII'ClCIIObIe soles listed in the report. To
the best 01 the API)rOIOIf'. krowledqe and belief, 01 .tot_1s CII'd inforrnolien in lI'iI ~ are tn.e and corrwc:t, CII'd the ~ ... rot krowirqIy ...t_ Off'!
signrcont Information.
4. ". C...tinqet1t "'" lomiti"'l conditiol's ant contoinod herein (ircloMd by the t_ of the assigmwnt or Oy tile urdersignod ottectirq the QIOlIysis. 0Ilin0ns. CII'd
concluS>ons C...looned ,n the 'fllOrt).
5. TI'os appraisal ,oport 1'01 been _ in conlom'lty wilh one! is subject to tile ~t. of the Code of Pn>fessional ElIics CII'd St_ 01 P",/essionaI
Corduct of the opproisol Of9OI'izotiol's with otIicll tho Appraiser is offiated.
6. "I COl'CIuS>ons ord otlir'iono c:oncerrWq the .......tot. ttat en set forth in tile appIlIiD ~ __ prwpored by the App'oieer _ signat..... oppeo~ ... the
,oport. u..... Irdicoted at "Rev;.w "pproisw.. No cI'clnge of Off'! item in tile 0IllllQie0I ropart shell be _by _ _ than the Approiw. and the "pproioor
SI'OI hove ro r_OoIity for any such utCUthorized chclIrlt.
CONTlNCENT AND LIIITINC CONDlTlOH$l The cetlifCOlion of the Ajlproiw ~ in the appIlIiD repott is subject to the following condiliOtw one! to such
other SQeCllic ord mtirq condit... os set forth by lI'e Appraise< in the roparl.
1 The ...woiser assumes ro responsibiity for ....lters of 0 IegoI ,.,lurw offectilg tile ~ oppraieed ar tile tille t_a. ror _ the Approiw rerc:ler Off'!
opr;"., oslo t.he title. wticlI is oss.mId to be 9Ilod CII'd marlretoblo. The properly . ClllPIIised 01 thOullII-1'4IIlONilIe --.
2 "ny sketch in the 'fllOrt rray __ OIlIlIQIirrcte dmeNiorw CII'd .. incLcled to CIIIiIt tile..... in visuoIzing tIle~. The ApproiMr I'ClS made ro survey
01 the pn,perty.
J. The "pproiser is,.,t requirwd 10 e;ve IMtmlny or 0IlI*I' in coo.rt bec:cuI <A hcMng _ tile appIlIiD wit/l ref..... to tile pn:lpIrty in question, uIiess
orrorqemenls hove been previously _ "*-'ar.
4. Any distnbution of the IIOUItian in the ~ ..- _ CII'd ~ 0IlI"- ody _ tile 4lliIting IlRl9f'IIl of utization. The MIlOfOt. voluoliol's
voluot.... for lord and burlding....l rot be.-l in c:onjunclien wit/lony_QIlPIlliIoI and en iMlid illO uMd.
5 T.... "ppra...,. OSIUNI !NIt ..... are ,., Iidden or unapparent cordtiaN <A tIle~. sulleoi. or stNcture.. wlich _ __ it mort or lea voluolllL
T.... "'W""" OSSl6"tS na 'esponoibiily lor such c:orc:lit.... or for ~ otIicll rriQht be ~ to diecclIIer such lactors.
6. Infom'Cltion. ..timotes. ord otlir'iono fumished to the~, one! containod in tile ~ __ obtoinId I..... __ c:ar.idered reiobIe and believed 10 be
10 be trveord correct. However. na._..ibit)o lorac:curocy of such ij_ fumished tile ApproiMrcanlle-.ned by thoApproiMr.
7. C);sc!Osu'e 01 the content. of the CJIlIlf'QisoI 'fllOrt is gcMn'ed by tile Ilytowe and ~ <A the profeaiorol appIlIiD Of9lII'izot... with wIIch the
Aoc:wo;ser i, offifioted.
8 Neither 011. ,.", POl'I 01 the content of tIle~, or c:cpy thereof \~ cancUioN 01 to tile ~ ......... tile identity of tile Approiw. pro/essional
-.gI'Otiol's. 'ef.,."". to Off'! professional 0IlllnIis0I OftlOI'izot.... or the f"," wit/l....", tile Approiw.. cannect.d). shallle UIed for Off'! ~ by _ bul
lhe client SlltCiI~ in the ropart. tile _ il opprllisoI I.. paid by..... tile marI909M ar its ~ and assigN. I\'D19094 iNurws. COIII<.IItonls,
prol- appraisal ""lOI"zot.... Off'! ItOt. or l-...v __ rll'ClftCiolnlitutian. Off'!~, CIQ4IlClI'. ar ___ty of tho l.Wted Stat.. or any .Iot.
01 the o;.tnet 01 ColunoOo. ...tl'clut the llI'4Yiaue written........t of the ~ ror shaI ~ Ile ~ by _ to tile puIIIic tIwIlugII ~ public reIot....
_. sa.... 01 olher media. ...11'clu1 the written c:orwent CII'd ~ of the App'oieer.
9 "" Oil o",",o,sa". .uOJtC' '0 sa'..faclory ~tion. ~ 01 011........ the appIlIiD ropart CII'd -.. ~ ant cantingent ..-. _lion 01 the
l/'\"'lOf'tl...tf"'le"IS ,n 0 "~I"'Cf'\bke FT"Onnet'
ENVIRONMENTAL DISCLAIMER, The YOIue estiT'oled is _ ... the QlSUT'4)tion _ the ~ is rot ~ affected by the existone. 01 I'clzordaus
.uoslonc.. 01 del......"tol."'"~tol condit... uIiess ot_ .toted in lI'iI roparl. The Approiw.. rot ... -' in the identif'colien <A hozotdous outllt""""
I 01 det.........OI ._101 canOt.... The QllPI'Cliser'. routint .......,tion <A CII'd Inquiriee about the -iect ~ did rot dewlap Off'! inforrnotion tl'clt indicoted
any _""I ....../iConl I'Ozordaus IUlletClllCM or _tol ....~....._~'" COIdtianI otIicll_ affect tile ~ nooatively _ at/lrMise ItOted in llis
re1Xlrt, It IS oossibte If'Qt tests and inlpectionl mode by 0 qyGif-.d tw:azon:IcIuI ..-...:. and ...:'__._Aa epert wa&.IId rIYIlGI tM histonee of""~
! substanc.. or del.....ntol env;~tol condit... ... or _ the ~ thot _ nooatNely olfect itI-...
ADDITIONAL CtRTlrlCA TION, The "pproioor lurther certilies one! agrees thot:
1. T"'. ooo'o,sal conI""", to the U..lonn StOt'ClOl'dll 01 Professional "Il!lIllisol Practice ("\JSPAP"l adopted by the AjlpRIisoI StOt'dorlls Boo", of T.... "ppro,SOf
~ ourc:lotoon. .'ceot Il'clllhe Departure P-ovision 01 the 1lSPAf' does not apply.
2. T...... COl"CltnSOtlOn os nat c...tingent ..-. the roport;"'l of 0 predettm'ined -.. or direction in value lIlat lavors tho couse of lhe etient. the amounl ollhe -
.olue ..t"""e. the otto,,.,,,.nt 01 0 stipulated result. 01 the occurrence 01 0 ~ _.
J T.... OOcrO,SOI o"Illrment was not _ ... 0 reQueSted ............ voIuotion. 0 specifIC voIuotion, or the 0jlI)r0V0I of 0 loon.
~" 5/ /1J- _., d'4t1t.- M1~ SM
. I '
Hole: l'ht....................v.!he...... cMI'~ ..__ _ow .,.. by F,'" Wee: . F.... Wee.
:"'~~e Vice ;.,,,,,,,, .:.~g ,,;J)L 86 ,570 ronnr~l. I"C-I'tu.'" (800) 262-4805 rC/'V'Ie MJe F'orm ~48 ~l.i.. :6
,.
.
00JI'l'RAC'f FOR 8ALB AlQ) PURCB:JUm
P~IBSI JAMBS B. VANCI, ,("~"), ot Xci 5. P{A1;U:::?L- 3/u/E /~0r,:J/'Jf-'
~, ?ll../o! (Phone ~* f3<?00'P'" ), and DBLRAY BBACK COMMUNITY RBDBVBLOPKEHT
AGBNCY, ("~"), 0 One SB 4th Avenue, Suite 204, Oelray Beach, rL 33483 (Phone
407-276-8640), hereby agree that the Seller shall sell and Buyer ahall buy the
following real property ("Real procerty") and per.onal property ("Per.onalty")
(collectively "Prooerty") upon the following term. and conditiona which INCLUDB
the Standard. for Real Istate Transactions attached ("Standard lal") and any
addendum to this instrument.
I. DBSClUPTIOJIII (a) Legal description of Real Property located in Palm Beach
county, Florida:
Lot ll, Block 6, ATLANTIC GARDENS, according to the Plat thereot on
file in the Office of the Clerk of the Circuit COurt in Plat Book
, Page _ of the Public Records of Palm Beach county,
Florida
(b) Street address, city, zip, of the Property i81 l4l SW l2th Avenue,
Oelray Beach, Florida
(C) personalty:
II. PURCBASB PIUCI. . .. .. .. . .. .... . . . . . . .. . ... .. ... . $ 30,000.00
PADlBNTI
(a) Oeposit(s) to be held in escrow by Robert w. 1.000.00
Federspiel Trust Account in the amount of $
(b) Balance to close (U.S. cash, LOCALLY ORAWN
certified or cashier's check), subject to
adjustments and prorations $ 29.000.00
TOTAL $ 30.000.00
III. TIMS POR ACCBPTANCI, Bl'PBCTIVB DATIl If this offer is not executed by and
delivered to all parties OR FACT OF BXECUTION cOllllllUnicated in writing between the
parties on or before M~ / / Itftf 2--- , the deposit (.) will,
at Buyer'S option, be returned to Buyer and the offer withdrawn. The date of
this Contract ("Bffective Date") will be the date when the last one of the Buyer
and the Seller has signed this offer.
IV. TI'l'LB BVIDDa I At least 10 days before closing date, Seller shall, at
Seller's expense, deliver to Buyer or Buyer'S attorney, in accordance with
Standard A, (Check (1) or (2l): (1)_ abstract of title OR (2)-X--title
insurance commitment.
V. CLOSDIG DATIl This transaction shall be closed and the deed and other
closing papers delivered on ~ ,/)~~).,g /J-lltJt1;,-- , unless
extended by other provisions of COntract. I
VI. RBS'1'RIC'1'IOJIIS, BASJDClDI'rS, LIMITATIONS I Buyer shall take title subject to:
zoning, restrictions, prohillitions and other requirements imposed by governmental
authority, restrictions and matters appearing on the plat or otherwise common to
the subdivi.ion; public utility easements of record (easement. are to be located
contiguous to Real Property lines and not more than 10 feet in width as to the
rear or front lines and 7-1/2 feet in width as to the side line., unless
otherwise specified herein), taxes for year of closing and subsequent years;
assumed mortgage. and purchase money mortgages, if any; other: None, provided
that there exists at closing no violation of the foregoing and none of them
prevents use of Real Property for purpose ( s) .
VII. OCCUPANCY I Seller warrants there are no partiea in occupancy other than
Seller, but if Property i. intended to be rented or occupied beyond closing, the
fact and terms thereof shall be stated herein, and the tenant(.) or occupants
disclosed pursuant to Standard F. Seller agree. to delivery occupancy of
Property at time of clo.ing unless otherwise stated herein. If occupancy is to
be delivered before clo.ing, Buyer assumes all risk of 10.. to Property from date
of occupancy, shall be responsible and liable for maintenance trom that date, and
shall be deemed to have accepted property in their exi.ting condition as of time
of taking occupancy unle.s otherwise stated herein or in a .eparate writing.
VIII. TYPBWllIftD OR BMlDWlU'l'TJDI PROVISIONS I Typewritten or handwritten
provisions shall control all printed provision. of Contract in conflict with
them.
U. IUDBRS : (CHECK if any of the following Riders are applicable and are
attached to this Contract):
.,
.
al____coastal Construction COntrol Line Rider
bl____Condominium Rider --
cl____ Insulation Rider
dl____FHA/VA Rider
e l ____other 1
D. ASSIGDBILI'n1 (CHECK (1) or (2))1 Buyer (l)--1--may as.ign OR (2)_
may not assign Contract.
XII. SPECIAL CLAUSBSI (CHICK (l) or (2))1 Addendum (l)---!.-is attached OR (2)
_is not applicable.
XIII. TIMB IS or TID .SSBCB or THIS OORTRACT.
XIV. DISCLOStJRBS. Buyer acknowledges or does not acknowledge
receipt of th,_aqency/radon/cOlllpensation and estimated closing costs disclosures.
BUYBR'S IRITXALS
D""'~ ci! ...-:'.~ - - - - - -
AGE~ ~
I~y . ~ 5'/f/fY
\..:...- Date.
Social Security n ~ J-r'!}7 J-o ;;
or Tax ID No. - 971 Z,
Deposit(s) under Paragraph II recei ed. IF OTHER THAN CASB,
CLEARANCE: ROBERT W. FEDERSPIEL P. TRUST ACCOUNT
- ...---,
BYI
'.
.
ADDBllDOX TO 00II'l'RACT lOR ~ AlII) ~
SELLER: JAMBS B. VANCE
BUYER: DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY
PROPERTY ADDRESS: 141 SW l2th Avenue, Delray Beach, FL
XII. SPBCIAL CLAOSES (COntinuedl:
A. RADON GAS: Radon gas is naturally occurring radioactive gas that,
when it has accumulated in a building in sufficient quantities, may present
health risks to persons who are exposed to it over time. Levels of radon that
exceed federal and state guidelines have been found in buildings in Florida.
Additional information regarding radon and radon testing may be obtained from
your county public health unit. Paragraph N of the Standards for Real Estate
Transactions attached to this contract is hereby deemed to include an inspection
for radon gas.
B. FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT ("FIRPTA"): Except as
otherwise provided herein, Buyer, pursuant to Section 1445 of the Internal
Revenue Code of 1986, as amended ("Section 1445") and the regulations promulgated
thereunder ("Regulations" l , shall be required to withhold such amount as is
neces8ary to comply with the Regulations and 8hall timely remit to the Internal
Revenue Service the amount 80 withheld along with properly completed remittance
forms. If, however, on or before closing, Seller provides Buyer with (ll an
Affidavit of Non-Foreign Status regarding Seller, (2) . Notice of Non-Recognition
Treatment, or (3) a Withholding Certificate establishing that no, or a reduced,
amount of federal income tax is required to be withheld under Section l445
(collectively "Withholding Document" ) in proper form as required by the
Regulations, and Buyer has no knowledge or notice that the Withholding Document
- furnished by Seller is false, as determined in accordance with the Regulations,
then Buyer shall not be required to withhold any portion of the amount payable
to Seller or shall be allowed to withhold such lesser amount as is required by
the applicable Withholding Document, as the case may be, and shall submit the
amount so withheld to the Internal Revenue Service along with properly completed
remittance forms.
In addition, if Seller, prior to closing, satisfies tho.e Regulations
which concern the filing of an application for a Withholding Document with the
Internal Revenue Service and gives notice of such pursuant to the Regulations to
Buyer and said application is still pending as of the date of closing, then Buyer
shall cooperate with Seller's reasonable request to escrow any amount withheld
at closing pursuant to the Regulations, at seller's expense, unt il a final
determination is made regarding said application at which time said amount shall
be disbursed in accordance with said final determination.
In the event insufficient cash is paid by Buyer at closing to fund
the Buyer'S withholding obligation, Seller shall deliver to Buyer at closing the
amount of additional ca.h necessary to satisfy the withholding obligation. In the
event Buyer determines after the closing that the Withholding Document provided
by Seller to Buyer relieving Buyer entirely of Buyer'S duty to withhold or
reducing the amount required to be withheld by Buyer was false, Buyer shall have
the authority to withhold from any additional amounts due to Seller in accordance
with the Regulations, all or such portion of said additional amount due to Seller
as Buyer deems necessary to comply with Section 1445 and to remit the amount so
withheld and report such information as required under the Regulations to the
Internal Revenue Service.
C. This Contract is contingent upon the City Commission of the City of
Delray Beach approving the Buyer's acquisition of the premises prior to closing.
D. The soil, surface water, drainage requirements and runoff
availability, geological conditions, and state of the property being purchased
must be acceptable to Buyer in Buyers' discretion. This shall be determined by
test boring and other soil, geological and engineering studies which !Day be
conducted by Buyer at Buyers' expense within the time permitted for delivery of
evidence of title herein. Notice of the results of such testing shall be
furnished to Seller. During the term of this COntract, the Buyer, or Buyers'
employees, agents, representatives, or assigns, shall have full and complete
right to enter upon the property for the purpose of making any and all
inspections, tests and studies of the property.
SELLER'S INITIALS: BUY~/~ ~IALS:
~~ ~<J
.,
0
srAJIDARDS FOR .RUL BSrArll rRAJ1SACrIONS
A. ~ 011 nm. (l)AlI .bur.ct ot Utl. pr.par-.l or brouvllt currat by. r.putabl. and ...l8UDg ~tr.ct Un (H DOt
exl8t1Dg tIl.D c.rtH1ee1 .. correct by an ex1.UDV Un) p~n1DV to be lID .ccur.te .yaaope1. of tile 1...trlmeDta .rrecU"9 Utl.
to _1 'roperty record-.l 1D tIl. pv.bl1c r.....rd. ot the co....ty wber.1D _1 'roperty 1. locat-.i, tIIroutll Irr~1... D.ta aDd wll1cll
.11.11 c-..c. w1th tile ..rl1..t publ1c record., or .....b later date .. ..y be cv..~ 1D tile eoaatl'. Upoa clodDV ot till.
tr....acU.... tll. aII.tract .11.11 _.... tIl. propeny ot Bv.~, .ubject to tile d91lt ot reteDUAD u.er.of by Unt ...ng.g_ Wltl >--
rally r:1d. (2) :.J1tl. In.ur.nc. c.,..1~..t 1..v.ee1 by . Florlda 11c:eaa.c1 t1tl. 1...urer avrae1Dg to 1..... to Buyer, up
rac:ord 119 ot the d to Buyer, lID """.r'. po11cy ot Utl. 1...ur&IIC. 1.. tIl. ....Wlt of tile pv.rc_ pr1ce, b.ur1DV Buyer'. tit
to a..l 'roperty, .ubject o..ly to 11...., ....,WlbnDe.., ......pUOII. or q...11f1c.t1011 Nt tortb 1D tIl1. Catr.ct aDd tIlo.. wlL1~_
.ball be d1.cbarg-.l by S.ll.r .t or before elodllV. S.ll.r .Ilall COAvey a .ark.tabl. Utl. .ubject aly to 11...., encWlbr.......,
exC.pt1OD. or q...l1f1eaUolI. .et tortb 1D COIItract. II&rketabl. tltl. .1l.11 be d.~"'" &ccorcl111V to .pp11c:&111. 'fltl. St&lldarcl.
adopt-.l by authodty of 'file Flor1da \I&r aDd 111 accordllDce w1t1l 1.... Bv.yer ....11 ...v. 10 da!:, 1f ~tract, or 5 cUye, H Utl.
c_~t, tr.. date of rec.lv111V .v1d...... ot Utl. to exaa1... 1t. If t1tl. 1. foWld d. ~1..., Bayer ....11, w1t1l1D 1 daye,
noUty sell.r 111 wr1UDV .pecHy1..V detect(.). If tile d.tect(.) racier Utl. u....rk.table, seller wl11 ...... 130 c1aye f.... ......lpt
ot DOt1ce w1th1D wh1cll to r.-av. th. d.fect(.), t.111119 whleh Bv.yer ....11 hav. tIl. opt1ae of .1thar acc.pt1D9 tile t1tl. .. lt
tll.D 1. or d_d1Dg . r.fv.ncl of d.podt(.) pdd wb1eb ....11 ~1ately ... retllrlleCl to Buyer; tbveupoa Buyer ...d S.ller .11&11
r.l.... ODe lIDoth.r ot all turther 01l119at10D. UDder tile CODtr&Ct. S.ller w111, 1t Utl. 1. t01l.Dcl ~k.tabl., .... d111gaet
.ttort to correct d.tect(.) 1D t1tl. w1tll1D tIl. ti8e prov1ded tiler. for , 1Dclucll..V tile br11191DV of aeeeeaary .u1t..
B. __ .-r ~I ~ ~ m au.a. A purella.. ......,. ...rtgav. &Del ...rtg.V. DOte to S.ller .lIall prodde
tor a 30 day grac. pedod ln tile ."...t of c1et...lt 1f a Ur.t ...~.V. ...d a 15 day grace pedod 1f __ or l...er ~ag.;
.b.ll prov1d. for r1gllt of pr.payaDt lD wbol. or 1D part wl tIIout .......1 ty I .ball not pen.1 t acceler.UolI or 1DterUt .dj "'~Dt
ln .vat ot r...l. ot _1 'ropertYI .lIall reqv.lr. all pr10r 11... and .....Wlbr..._ to be k.pt 111 9- .t.aDdl"V .ncl torb111
8Dd1f1cat10n. of or future advanc.. Wlder pdor ...rtvav.(.); &Del tIl. 8Drtg.V., DOte &Del secur1ty avr_t .ball be otllerwlo.
ln to~ ...d cont.Dt reqv.1reel by S.ll.r; but S.l1.r ..y ODly reqv.1r. cl.u... cu.t.-.rl1y tOWld 1D ...rtgagll&, ...rtg.g. oot.., and
.ac:ulty .Vr_DU V.D.r.lly uUl1r-.l by ..vlD9 .Dd 10&11 lD.UtuUcma, or .tate or ...U~l Il&n.ka loc.t-.i 1D tIl. COWlty wbar.1D
Real Property 1. loc.t-.l. All p.rsonalty &Del 1..... be1DV co..v.,..; or ..&19D-.I w111, .t "ller'. opUo.., be .ubject to the H.D
of . .ecur1ty .9r......t .Vll1.DCeel by rac:orlleel flDaDc1"9 .ta~t.. It . ballOOD ~a9., tIl. tll1Al payant w111 exceed tb.
per1od1c payant. tll.reoD.
C. ~: Buyer, at Buy.r'. axpe".., w1t1l1n ti8e allOWllcl to d.11v.r ev1d.nc. of tltl. &Del to exaa1D. ..... ..y bay. R6al
Property .urv.y-.l and c.rtH1-.1 by a r"'9lotereel Plodda .urv.yor. If .urvey .b..... .lICroac_Dt AD _1 Property or tlln
ll1prOY_D~. located on ReAl Property encrOAcb aa ..t.back 11n.., ...~t., lanu of other., or vlolate AllY r..t.rict.ioD.,
Contr.ct COV.Dant. or app11cabl. 90v~Dtal r&9ul.tloD, th. .... .ball cOD.tltute . t1tl. d.faat.
D. BIKt'JS8. Buy.r,.t Buy.r'. axpen.., w1t1l1n ta. allaw-.l to d.11ver evld.nc. ot t1tl. and to ~n. ...., ..y h.v. R6al
Property 1n.pect-.l by a Flodd. C.rtH1ee1 P..t control Operator to d.teniD. if tber. 18 ...y v1sihl. &C~1v. t.ni t. In(..uUoD
or v1.1bl. ex1.t1n9 daaa9. trOll t.nit. 1D(..taUOD 1D tIl. 1aprov_DU. If .1tllllr or botll are tound, Bv.yar wl1l bay. 4 d.y. CrOll
date of wr1tt... not1c. th.rsot, w1th1D wh1cb to b.v. all ~V.., wb.tll.r v1.11l1. or ..ot, 1D.pactad &Del ..t1a&tad by . 11c.o.ed
bul1l1er or 9...eral contr.ctor. S.ller .lIall pay va11l1 co.ta of tr"~Dt &Del r.pa1r of .11 cIaaa9. up to 2' of pucb... pdc..
Sbould .UCIl co.ta axceed tbat ....unt, Buy.r .lIall bav. tIl. optlo" ot C......11D; COIItract wlt1l1D 5 daye aft.r rac:.lpt ot
contr.ctor'. r.pair ..t1..te by g1v1..g wr1tt.D "ot1c. to S.ller or Buyer ..y .lect to proceed w1th tIIIl tr.....CtloD, ln wblcb
.v...t Bu~ .1l.11 r....1v. . cr-.l1t .t clo.1n9 ot an ....Wlt equal to tIl. total ot tIl. UUtMIIt &Del repair ..t1a&te not in exc...
o( Z\ ot tb. purch... pr1c.. "'f.niU." .baU be 1I__ to 1nclud. all __ d..troy1119 org...l_ reqv.1recl to be rsponeel und.r
tb. FlodcU P..t Control Act.
I. ~ AmI..-a. S.ll.r ..arr...U aDd r.pre..nt. that tIl.r. i. i1l9r... ...d "'9r... to tIl. ~ Property .u((ici.nt Cor
tb. lDtaDcled u.. a. d..crlbed 1n Par.9rapb VII b.reot, t1tl. to ..1l1cb 1. 1D .ccorcl&Dcll w1th Stand&rcl A.
F. ~. S.l1ar .Ilall , "ot 1... tbllD 15 day. before clo.1n9, turll1.1l to B..~ cop1.. of .11 wr1tteD 1..... and ..toppel
l.tt.r. trOll ..ch t"'aDt .pecHy1n9 tIl. natur. an4 lIur.UoD ot tIl. t......t.. occv.,...cy, tIlIItal r.tu, aclv.....-.I r...t and .ac:u.rlty
lIapo.1ta pald by ta.....t. If S.ller la Wlalll. to obtal.. .uoll l.tter froe ..cll t.......t, tile .... 1Dfo~UOII aball be (urnl'hed by
8.11.r to Buyer w1th1" tIlat ti8e perlod 1" tIl. fon of . S.ll.r'. .ff1dav1t, and Bu~ ..y tIler..fter COIIteet ~u to CODti...
.ucb 1nfor.atloD. S.ll.r .ball, at closinll, de11v.r .nd a..l9D all od;ll1&l. 1_. to 'uyer.
o. ~. S.ll.r .ball turn1.1l to Buyer at ta. of clo.1DV &II .ff1dav1t .tt..tlnv to tll. ~...c., aal... oth.rwi.e provIded
tor 1IIlr.1D, of ...y t1.....clng .tat_Dt., cl.1.. of 11... or potent1.1 11...or. knOWD to "ller ...d turther attaat1"g th.t there
b.v. -.. no 1aprov_nu or r.pa1rs to Property tor 90 daye 1_1.t.ly prec-.lll1V date of clo.1119. It Property ba. been
taproved, or r.pa1rea w1tbln that ta., sellar .hall d.11ver r.l..... or wa1ver. ot ....b&lllc.' 11.... executad by .11 g.n.r.l
"ontr.ctora, .ubcontr.ctor., .upp11.rs, .Dd ..terl.lDall lD .dd1t10n to S.ller'. 11... attldav1t ..tt1nv fortb th. n.... of all
.uch g....r.l cODtr.ctor., .ubcontractor., .uppll.r. .nd ..terlal8e" &lid turtller .ff1ni..g that all cb&rg.. for iaprov&meDt. O'
r.palr. wllleb coulll .erv. .. . ba.l8 for. .......nic'. 11... or . claia tor ~;.. b._ -.. pa1d or wl1l be pald .t cloa1D9
.. .r.aa 011 CUlllDIQ. ClosiD9 .Ilall be bIllll 1n tIl. cOWlty ..Il.r. _1 Property 1. loc.t-.i, at tile afUc. of the .ttorDey ,
otber clo.1DII .9ent d..1gnated by S.ller.
I. ~. 'fl_ 10 of tb. ......c. of tIllo Contract. Ta. period. ber.1n of 1... tb&II 6 day. .ball 1D tIl. cOllputatlon exclude
Satur<Yye, SWlday. aDd .tate or naUoDd l&9al bo11daye, and ...y ta. pedod prov1d-.l (or lIer.111 wMcll .ball ...d on Satu.rday,
SWlllay or 1"'9&1 bo11day .b.ll ext.Dd to 5.00 p... of the next busin... day.
<1. -... IQa CUlllDIQ. S.ller .ball turll1.h deed, b111 ot .d., ....b...1c'. 11... afUclav1t, ..a19ft81lDt. of 1."80, tan.o.nt
and *'rt.9ao. ..tappel l.tter., and correct.lv. lQ.t.~t.a. Buyer .hall t'urulab eloa11l9 .Ut~t., mrt.g.O., IIOrtqag. not.,
....ur1ty agr_nt, and Un...c1n9 .tat_nta.
It. 1lD'IlIIlID. Doc....ntary .taap. 0" tll. deed aDd rac:ord1D9 corrac:t1v. in.truaenta .lIall be pa111 by S.ller. Doc......ury .t-.p.,
lntan91111. tAX and record1"g purcha.. &Oney sortgav. to S.ll.r, deed &lid t1nanc1n; .tata.llDta .hall be pald by Buy.r.
L. ~CII8, c::amrml Taxe., ........ot., rent., lntere.t., 1n.urance and other upen... anel rWeDM of Prop.rt.y .ball be
prorat-.i tbrougll d.y before clO&ll1;. luyer .ball ...v. the OpUOD of t&l<1..g over aDY u1.UII9 po11c1.. of 1D&ur&llee, if ........bl.,
i" wh1cll .vent preai.... .b.ll be proretad. C..1l .t clo.1ng .hall be lDcr...ed or dacrll&&llcl a. ..y be reqv.1red by pror.tioD..
ProraUoD. w111 be ..d. tIlroulIll cUy pdor to occupancy if occu,...cy occu. betor. clo&ll1V. Adv...... rent ...d .acuity dapoa1ta
w111 be creel1teel to Buy.r &lid e.craw d.poa1U bIllll by I8Ort9.9" w111 be cr-.l1t-.i to seller. 'f..... .ball be prorat-.l ba.ed OD tna
cur.Dt year'. tax w1t1l lIu. .UowallC. ..d. tor ....1av.a .11awalll. lIiaCOWlt, Il....ta&d &Del otller D:..,Uo.... It clo.1n9 occura at
a lIate .....D tile current year'. lI111a9. i. not f1x-.l,. &lid curr...t year'a ....._Dt 10 avalla11le, tAX.. w11l ba prorated baaed
upoD .ucb a.........t and the pr10r year'. 8111.9.. It curr.nt year'. a.........t 1. not .v.11abl., then tAX.. w111 be prorated
on the pdor year'. tAX. If tIl.r. are caapl.teel iaprov_nt. OD _1 Property by .1aDuary l.t of year of C10alDg ",blcn
iaprov"'Dt. WIlre not lD exl.~.nc. OD J.nuary 1.t of the pr10r year tIle~ tax.. .ball be prorated baaed upoD the prior y&Or"
.111ag. an4 at aD equ1tabl. ....._nt to be .grllllCl "POD betv..D tIl. parUe., f&11111V wll1clI, reqv...t wl1l be ..d. to tb. COUAty
Property Appr.1.er for an lnforaal ........nt tak1n9 into con.ider.t1on .va11abl. ax..,t1on.. Ally tax pror.~10n ba.ed OD an
..t1aate ..y, .t requ..t ot .1t1l.r Buy.r or Sell.r, be .ub.equently r"djUllted UpoD rac.lpt ot tax bl11 011 cond1t10n that a
.tat.....t to tbat ettact 1. 1D th. clo.1nv .tat.....t.
II. "':I.IL .....~ LIDS: Certified, coa.tlrMd and rat1t'led .peelal .......-at l1eu .. of dat.8 of clo.U9 (.. not .a of
E((ect!v. Dat.) are to be pa1d by S.ller. P.ndlD9 liena a. o( date ot cloa1D; .hall be .....- by Buyer. If tbe iaprov_Dt nu
be.D .ub.ta..t1.lly caapleteel .. of Utect1v. D.te. .ucb pendlD9 11... .lIall be cO"&1l1areel .. certifieel, confu-d or ratHled and
S.ller ....11, .t clo&1n9, be charged &II ....Wlt eqv..l to tIl. l..t .at1a&te of a.........t tor tIl. iaprov_t by tIl. public body.
t..c1a ...d soH1 t.) &Del extedor anll 1Dt.dor w.ll. 1I0 not bave' &IIY VISIBLI IVIODes of 1&&1<. or water . .aptic
tank, pool, al: ..jor app11.nc_, b"UDV, coo11n9, .lactr1cal, plWlblDg .Y.~ &Del _1D .G <XlIlDITION. Bu!"r
"y, at Buyer. D:"".., llav. 1D.pecUOD. ..c1e of tllo.e 1~ by aD .ppropr1atel 11c....... p8n0ll d..Hng In th.. -
con.truct1011, r.pa1r or ..1ntenaIlC. of tbo.. 1~ and .ball r.port 1D wr ler .ucll 1ta.1l tIlet do Dot _t the aboV.~ ~
.tanderll. .. to d.f...t. tog.tll.r w1tll the coat ot correct1n9 t to Bu~'. occup&Dcy or not 1... tb&II 10 d.y. prior to ~
clo&1"II, wIl1cb.v.r occun Unto Unl... Buyer r.ports act. w1tll1D t.Il&t ti8e Buyer .ball be d_ to bav. walved S.llar'.
warrant1e. a. to d.fect. not reported. If r or r.plac"'Dt are requlred, S.ll.r .ball pay up to l' of tb. purcha.. prlc.
tor .ucll r.pa1r. or r.plac...nt. ropr1.t.ly Plor1da 11cell.ed per.oD ..lected by S.llar. It tile co.t tor .ucb ropalr.
or r.plac...Dt exceed. l' purclla.. pr1c.. Buy.r or S.llar ..y .lact to pay .ucll axc..., ta111D9 vIllcb .1tb.r party eay
c.Dc.l thl. Contract .llar b ullalll. to correct the d.fect. prior to clo&1n9, tIIIl co.t tIlereof .b.ll ba pald Into o.crow
at clo.1ng. S. w111, upoD r...onabl. not1ce, provll1. utilltl.. ..r.l... tor 1...pact10na. BetwllllD Iffectlv. Oata and rta
clo&1DII, .r .ball ..1nta1n Property 1nclud1"g b..t not liaitad to tll. 1..... aDd .Ilrv.bbery, 1n tIl. c0lld1Uon ber.1n ",aranted,
orll ....r .lId t..r axc.P~' Buy.r .Ilall be penitteel acc... tor 1napactloD of Property pdor to cloalDg 1D order to con!lnI
O. IlIlIIl 011 UIIIa. If the Property 1. 1I_9ee1 by Ur. or other c.....lty betore clodDg and co.t ot rutor.Uon doe. not ""coed
3' ot tile a....aed v.luation ot tb. Property .0 d_9ed, co.t ot r..torat10D .hall be an 01l119&t1OD of th. S.ll.r and ' .
Ih.ll proceed pura\l&nt to the te~ of Contract with r..toratloQ co.t.a eacrcwed .t cloelDV. It' tile coat of r..tor.t.lon ~~~~
3\ of tIl. ......ee1 valuatlon ot the 1aprov_nt. .0 lI_VeeI, Buyer .hall ...v. tb. OpUOD ot eitllar t&l<lDg Property .
tog.tIler with .1tb.r tb. 3\ or ...y In.uranc. proceed. payalll. by v1rtu. of .ucll 10.. or -'Ie or ot c...c.11ng Cont a. ..
receiv1ng retura of depo.1t(.). ' ract .
P. ~ ~ &&La; CLOS:mG PRIOCI:IXIDI The d._d .hall be recorded upon clNr.oce of fund.. It' abatr.ct: ev1d.ence of ~..' 8
Ihall be continued at Buyer'. e.xpen.. t.o .how title in Buyer, without .ny eneumbrance. or charge which wo~14 render :3 ,;-::
title WUlarket.able fro. the date of the la.t. evidence. Proceed. ot' tbe .ale ahall be b.elcl 1n ..crow by Seller'. attorn 8....8....8
.ucb otll.r autu.lly .cc.ptabl. ..crow .9.nt for. period of not 10n9.r tb&II 5 day. tr... &lid .tter clo.ln9 date If S.l1. ~y ~;. ~y
1& r.ndered \lIIlIo&rk.talll., througb no f...lt of Buy.r, Buyer .ball. w1th1" tb. 5 day per10d notHy S.ller 1D wriunv of t~ .. ;..~
and Seller .ball have 30 day. t'r~ date of receipt. of auen no't1tic:.t10D to cure the clef~t. If S.ller t'ail. 'to t1zMl ~u;:..~;
daf...t, .11 d.poalt'.) .lIall , upon wr1ttell d.....d by Buy.r anll w1th1n 5 day. .tter d_d be r.turDeeI to \ - d
11mulunltOualy with 8uell rep&.,..nt., Buyer ahall return per.oc.l'ty and v.catoe RlM1 Propan.y and rec~DYey 1't to Seller b uyer ~n 1
warr.nty deed. It B..y.r taU. to uk. ti8ely d_nd (or r.runll, Buy.r .ball take Utle as 10, wa1v1ng all r1gbts agalnit.~::r
as to any lnt.ervenlnq detect except. AI aay be avallable to Buyer by virtue of 'tIarrantl.. contained in. ':!'!& ~~~d. ., '" _ _ _.' _ ~ .. _.
'1"'-17 " ..- ..,.. ...
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clOll1ng proclldure required by thl. SUJlclArd uy be wdvlld it tltle agent 1a.ur.. advene utter. pur......t to SecUon U7. 7141,
r.'.(1'87), ... _dlld.
g. ..... Ally e.crow agent ("Ac/.nJ") rec.lvlng tund. or equ1val.nt h autllodslld AIId agr... by acceptaDce ot th_ to d.opoa1t
th_ p~tly, bold ._ ln .oec:row an , 8Ubject to clearuc., dhbune tIlM 111 accordaDce wlth _ aDd COIldlUOD. ot Cootract.
Pal1ur. ot clearuce ot tUDd. .hall DOt ...cu.. luyer'. pertOruDce. It lD dOllbt .. to A9ent'. duU.. or l1ab111U.. under tll.
provla1oll. ot CODtract, A9.Dt _y, at A9ent'. OpUOD, CODUO'" to hold the .uIlject _ttar ot th. .oec:row untl1 tII.o parti..
.utually agr.. to it. dl8bur._Dt, or unUl a jud_Dt ot a court of coapeteat jurlad1cUon .Ilall d._ne tII.o rigllta ot the
pArU.. or A9ent _y d.opodt wltb the clerk of the circuit court havlDg jud.dlctlOll ot tile dl.pute. UpoD noUty1ag all parti..
cOllc.mlld ot .\ICb acUon, all l1abl1ity on th. part ot A9eDt .11.011 tully term.....te, ...c.pt to tII.o extent ot accounUng tor any
it_ pr..,ioualy d.l1v.rlld out ot e.crow. It . l1c.n.1Id r..l ..Ute broker, A9eDt rill COlIPly with provldOll. ot Cll4lpter .",
r.S.(l'87),.. _ndlld. My .ult betw.... luyer and hller where A9ent 18 _. party beeau.. ot acUng.. Agent ber.under, or
ln ...y .u1t wher.1n A9ent lnt.rpl..d. tile .ubject utter ot the ""row, A9eDt .Ilall recover r..acnabl. attomeye' t... and eo.U
incurrlld with the t... and co.t. to be cllar;1Id .nd ......1Id ... court co.u lD tavor of the pr..,a111ng party. Partl.. .0;<.. tIlat
A9ent .Ilall not be l1abl. to allY party or pAnon tor lI1.d.l1v.ry to luyer or S.ller ot It_ .ubject to tbh .o.crow, unl... .ouch
.l8d.l1v.ry 1. due to wl1lful br.ach .ot Contrac:t or gro.. neql1;enc. ot A9ent.
R. ~ ,..., CIClftS. In any l1U;aUOII adaing out ot thla contract, tII.o prev.111ng pArty .Ilall be .nUtllld to recover
r...enable .~torn.y'. f... and coat..
I. P&U.lIIIIl ~.-.rea. It luyer ta1b to pert.... thl8 Contrac:t wlthln the tt.e apeelfilld (ll1Cludlng pAyaent ot .11
depoalt(all, th. d.opoalt(.) pAld by luyer _y be nUlnlld by or tor tII.o account ot seller ... a;r_ upon l1quldatecl daug..,
con.1deratlon tor tb. executlon ot till. COIItract and In tull .ettl..-nt ot any cla1aa1 wher.oupon, luyer and Sell.r .hall be
rel1evlld ot all obl1gaUon. under Contnctl or S.ller, at StIll.r'. opUon, _y proc_ 111 equlty to entorc. Seller'. right. under
thl8 Contract. It, tor .ny r...on oth.r u.n tdlure ot StIller to aalc. StIller'. Utle earket&l>le .otter d111;_t .rrort, Seller
tall., neqlect. or r.tu... to per to.. thl. Contract, the IUy.< _y aeek .peeltlc: pertoruDc:e or .lect to recelv. the r.turn ot
luy.r'. depo.lt(.) without ther.by walvln; any actlon tor d...;.. r..ult1ng troa S.llar'. bruch.
~. ~ _ .........allT.; _ 1OlIIID; ~c:a. .elther thl. Contract nor allY noUce ot lt allall be recordlld 1a any publ1c
record.. TIll. Contract .hall blnd and lnur. to the belIefit ot th. parti.. and th.ir .ucc...o.. In inter.at. Wh.n.ver the contaxt
pe.-1t., ain9Ular .114111 includ. plural and on. ;.nder .114111 10clud. all. IIoUc:. glv_ by or to tll. .ttomey tor any party .Ilall
be ... .rrecUv. a. it glven by or to tll.t party.
u. ~I Sallar ahall conv.y ~itl. to Raal Property by atatutory warranty, tr\l.~'., IMraonal repr...ntAt1v.'. or
guardian'. dlMd, .. appropriate to the .Utua at Saller t au.bject only to ..tear. contained in Paragraph VII and tho.. othaNi..
acceptecl by 8uyar. P.no....lty .Ilall, at reque.~ ot luyer, be tran.t.rrlld by &II abaoluu bill ot .al. wlth warranty ot Utl.,
.ubject oDly to .uell uttar. .. ..y be oth....,18. providlld tor ber.ln.
'1'. 0DDal ~, 80 prior or pr..ea't a9r.-Dt. or repr..ea.UtJ.on. .hall be bl11d1D9 upon Buyer or ..ller u.nl... included
In th18 Contract. 110 _Hle.tion or c.....;e in thl. CODtract .hall be valld or blndlng UpoD tile partl.a unl... in writing an<l
...ecutacl by tll. party or p~l.. int.ondlld to be bound by 1 t.
w. 1IIaD&ft'Ia,1 Seller warrant. 'ttlat tb..r. ar. 0.0 tact. known to Seller ...tez-ially affect1n9 the vallle of the "..1 Proper'ty
whlcll u. not rudl1y ob..rvabl. by 8uyer or whleh II4Iv. Dot _n dl8c:lo.1Id to luyer.
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
J: /
FROM: CITY MANAGER ''/-
SUBJECT: AGENDA ITEM i 3'. ('.d - MEETING OF MAY 26. 1992
APPROVAL OF TEMPORARY USE PERMIT/POLICE SUBSTATION
DATE: May 22, 1992
This item is before you to authorize the temporary establishment of a
Police substation at 141 S.W. 12th Avenue for a period of three
years.
Section 2.4.5 (H)(l) of the Land Development Regulations authorizes
the establishment of a temporary City operated facility for a
specified period of time. This site mayor may not be the permanent
site for the substation. Therefore, the proposed police substation
is considered a temporary use.
Recommend approval of the temporary use of property at 141 S.W. 12th
Avenue for the establishment of a Police Substation in conjunction
with the Community Policing Program.
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDEN, CITY MANAGER
'~~~ ~ ~~~~c.c ~~""'-
FROM: DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF MAY 28, 1992
APPROVAL OF TEMPORARY USE, POLICE SUB-STATION
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of a Temporary Use of a City operated Facility.
The action is required and authorized by Section
2.4.6(H)(1) of the LDRs.
The project is that of siting a police substation which is
a component of our community policing program. It is to be
located in the "southwest" portion of the community.
BACKGROUND:
This item is just one of several which need to be formally acted
upon as we locate a police substation in the southwest portion
of the community. Other items dealing with purchase and repair
are also before the City Commission. The police substation is
considered as a "temporary use" at the present time since
the program is just developing. This site may, or may not, be
retained as a permanent site. If not, it is anticipated that
the housing unit will later be "recyc led" through our infill
program for affordable housing. The initial period of approval
for this temporary use is three years.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and zoning Board does not review this type of item.
No other advisory board review is required.
RECOMMENDED ACTION:
By motion, approval of a temporary use of property at 141 S. w.
12th Avenue for police substation purposes, in conjunction with
the community policing program. This approval is valid for a
three year period.
DJK/CCSUB.DOC
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER1~v 1
SUBJECT: AGENDA ITEM i ~ D - MEETING OF MAY 26. 1992
RESOLUTION NO. 59-92
DATE: May 22, 1992
This is a resolution vacating and abandoning a 50 foot drainage
easement located south of the south right-of-way line of Lake Ida
Road and east of the east right-of-way line of Roosevelt Avenue.
At the March 24, 1992 regular meeting the Commission accepted
jurisdiction of two 50 foot drainage easements located on the east
and west sides of Roosevelt Avenue from Palm Beach County. The
drainage easement located on the western side of Roosevelt Avenue,
was subsequently abandoned to the Lake Ida Church of Christ. This
resolution abandons the eastern easement.
The owner of the property located adjacent to this easement has
indicated that a conditional use petition to establish a church may
be filed in the future. If any development occurs on this site
appropriate drainage measures will be addressed at that time. All
review comments have been received and there are no objections to the
abandonment. A detailed staff report is attached as backup material
for this item.
Recommend approval of Resolution No. 59-92.
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-- -----._-._-- -~----~ -. -~ .-------- .~-- - --~~---- ----
-- -- - _._~._- - - --- --~-- - ---_. - -
RESOLUTION NO. 59-92
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A 50
FOOT DRAINAGE EASEMENT LOCATED WITHIN THE SW 1/4 OF
SECTION 8, TOWNSHIP 46 SOUTH, RANGE 43 EAST, DELRAY
BEACH, PALM BEACH COUNTY, FLORIDA, AND BEING MORE
PARTICULARLY DESCRIBED HEREIN.
WHEREAS, Keith Dennis is the fee-simple owner of that portion
of the SE 1/4 of the SW 1/4 of the SW 1/4 of Section 8, Township 46
South, Range 43 East, which lies south of the south right-of-way line of
Lake Ida Road and east of the east right-of-way line of Roosevelt
Avenue, Delray Beach, Palm Beach County, Florida; and,
WHEREAS, A. Charles Spallitta, Agent, has made application for
abandonment of a 50 foot drainage easement located within the SW 1/4 of
Section 8, Township 46 South, Range 43 East; and,
WHEREAS, the City Commission of the City of Delray Beach,
Florida, finds that its interest in the described property is no longer
needed for the public good and deems it to be in the best interests of
the City of Delray Beach to vacate and abandon said drainage easement,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That pursuant to Chapter 177.101(5) and Chapter 166
of the Florida Statutes, it is hereby determined to vacate and abandon
all right and interest it holds to the following real property:
All that portion of the 50.0 foot drainage easement in
the east 187 feet of the Southeast One Quarter (SE
1/4) of the Southwest One Quarter (SW 1 / 4 l of the
Southwest One Quarter (SW 1/4) of Section 8, Township
46 South, Range 43 East, Palm Beach County, Florida,
lying south of the south right-of-way line of Lake Ida
Road as both are established in Official Record Book
1659, Page 938, and further defined in Official Record
Book 3421, Page 384, both of the Public Records of
Palm Beach County, Florida,
Together with that portion of the easement lying under
the right-of-way of Roosevelt Avenue as same is
described in Official Record Book 3421, Page 384, of
the Public Records of Palm Beach County, Florida.
PASSED AND ADOPTED in regular session on this the 26th day of
May, 1992 .
MAY 0 R
ATTEST:
City Clerk
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PROSPECT STREET -
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N.W. 3RD ST. '-
t
~ ~ ~ ABANDONWENT or
N \ DRAINAGE EASEMENT
,.
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" - /fl/
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: ~D T. HARDEN, CITY MANAGER
k-CL~j~UQO~
THRU: DAVID J. KOV CS, DIR CTOR
DE ARTM T OF LANNING AND ZONING
FROM:
II
SUBJECT: MEETING OF MAY 26, 1992
ABANDONMENT OF DRAINAGE EASEMENT **CONSENT AGENDA**
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of the abandonment of a specific drainage easement.
The subject property is located at the southeast corner of
Lake Ida Road and Roosevelt Avenue.
BACKGROUND:
On March 24, 1992 the City Commission accepted from Palm Beach
County jurisdiction of 2 50. drainage easements, one on the
western side of Roosevelt Avenue and the other on the eastern
side. The easement on the western side of Roosevelt is
associated with the Lake Ida Church of Christ and was abandoned
by Resolution 48-92 on April 28, 1992.
The easement, which is the subject of this present abandonment
petition, was originally planned as a canal to run north to Lake
Ida. Currently the drainage easement is not being used.
Further, the easement will no longer be needed as the solution
for accommodating drainage needs in the area has changed.
Drainage is being handled through the Northwest Drainage Project,
which does not use this easement.
The property is vacant and the owner has indicated that a
conditional use petition for a church may be filed in the future.
If any development occurs on this site appropriate drainage
measures will be addressed at that time. All review comments
have been received and there are no objections to this
abandonment.
FINDING:
Prior to the granting of an easement abandonment, the following
finding must be made:
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City Commission Documentation
Abandonment of 50' Drainage Easement
Page 2
* That the abandonment will not result in detriment for the
provision of services to adjacent properties or the general
area.
With the Northwest area drainage project and the drainage outfall
that is currently being initiated by Environmental Services,
there will be no need for this drainage easement. Therefore, the
abandonment of this easement will result in no detriment for the
provision of drainage services.
PLANNING AND ZONING BOARD CONSIDERATION:
No Planning and Zoning Board review is required for the
abandonment of easements.
RECOMMENDED ACTION:
By motion, approve the abandonment of the 50' drainage easement
through the enactment of Resolution 59-92.
Attachment:
* Location Map
T:LAKEDRN.DOC
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
I
FROM: CITY MANAGER cAf(v1
SUBJECT: AGENDA ITEM i ~ e - MEETING OF MAY 26. 1992
RESOLUTION NO. 60-92
DATE: May 22, 1992
This is a resolution vacating and abandoning a 12 foot wide water
distribution utility easement and a 12 foot wide sanitary sewer
utility easement located within the Replat of Delray Mall. This
abandonment is associated with a building expansion which will
accommodate a ten-plex movie theater at the Delray Mall; and is
necessary as the expansion encroaches upon existing water and sewer
mains.
At the May 28, 1991 regular meeting the Commission approved a similar
resolution abandoning these easements to accommodate a eight-plex
movie theater, with the condition that the resolution would not be
recorded until replacement easements had been given. No further
action was taken on the easements.
Subsequently, the applicant has modified the site plan to accommodate
a 10-plex theater. Because the theater enlargement would further
encroach upon the existing water and sewer mains, it is necessary to
modify the original abandonment petition to include the additional
area.
The Environmental Services Department has reviewed the abandonment
petition and recommends approval subject to conditions. A detailed
staff report is attached as backup material for this item.
Recommend approval of Resolution 60-92 subject to the conditions that
prior to recordation of the abandonment resolution, the existing
water and sewer mains be relocated and replacement easements
provided; and, that a financial guarantee be provided for the
construction and maintenance of the relocated mains.
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RESOLUTION NO. 60-92
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A
TWELVE (12) FOOT WIDE WATER DISTRIBUTION UTILITY
EASEMENT AND A TWELVE (12) FOOT WIDE SANITARY SEWER
UTILITY EASEMENT LOCATED WITHIN THE REPLAT OF DELRAY
MALL AS RECORDED IN PLAT BOOK 58, PAGE 133 OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND
BEING MORE PARTICULARLY DESCRIBED HEREIN.
WHEREAS, Delray Mall Associates, is the fee-simple owner of the
Replat of Delray Mall, as recorded in Plat Book 58, Page 133 of the
Public Records of Palm Beach County, Florida: and,
WHEREAS, John Craig, Agent, has made application for the
abandonment of a twelve (12) foot wide water distribution utility
easement and a twelve (12) foot wide sanitary sewer utility easement
located within the Replat of Delray Mall: and,
WHEREAS, the City Commission of the City of Delray Beach,
Florida, finds that its interest in the described property is no longer
needed for the public good and deems it to be in the best interests of
the City of Delray Beach to vacate and abandon said utility easements,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DEL RAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That pursuant to Chapter l77.l0l(Sl and Chapter 166
of the Florida Statutes, it is hereby determined to vacate and abandon
all right and interest it holds to the following real property:
12 FOOT WIDE WATER DISTRIBUTION UTILITY EASEMENT
A parcel of land 12.00 feet in width lying in A REPLAT
OF DELRAY MALL, as recorded in Plat Book 58, Page 133
of the Public Records of Palm Beach County, Florida,
which is a portion of the utility easement graphically
shown thereon, lying 6.00 feet each side of the
following described centerline.
Commencing at the southwest corner of said REPLAT:
thence North 080 23'05" East along the Westerly
boundary of said REPLAT a distance of 1289.34 feet:
(NOTE: the said Westerly boundary of said REPLAT bears
North 08023'05" East and all bearings called herein
are relative thereto) thence North 080 22'49" East a
distance of 13.61 feet: thence South 81036'55" East a
distance of 71.50 feet: thence South 08023'05" West a
distance of 425.85 feet to the POINT OF BEGINNING of
aforesaid centerline: thence continue South 080 13'05"
West a distance of 143.35 feet to the Southerly end of
said centerline: thence, beginning at Reference Point
"A", South 81036'55" East a distance of 36.50 feet:
thence North 08023'05" East a distance of 20.00 feet
to the end of said centerline and described parcel.
12 FOOT WIDE SANITARY SEWER UTILITY EASEMENT
A parcel of land 12.00 feet in width lying in A REPLAT
OF DELRAY MALL, as recorded in Plat Book 58, Page 133
of the Public Records of Palm Beach County, Florida,
which is a portion of the utility easement graphically
shown thereon, lying 6.00 feet each side of the
following described centerline.
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COMMENCING at the Southwest corner of said REPLAT;
thence North 08023'05" East along the Westerly
boundary of said REPLAT a distance of 370.86 feet:
(NOTE: the said Westerly boundary of said REPLAT bears
North 08023'05" East and all bearings called herein
are relative thereto) thence South 81036'55" East a
distance of 32.27 feet; thence North 15022'28" East a
distance of 217.85 feet to the POINT OF BEGINNING of
aforesaid centerline); thence North 08033'35" East a
distance of 248.81 feet to the end of said centerline
and described parcel.
PASSED AND ADOPTED in regular session on this the 26th day of
May, 1992.
MAYOR
ATTEST:
City Clerk
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-2- Res. No. 60-92
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CENTRAL AVENUE
j
2
.P.87AiY
I....r- ."'.. Mia
EASDtENT
~ WATtIl SlIIYICE
EASDtENT
LINTON BOULEVARD
ABANDONMENT OF'
WATER AND SEWER
EASEMENTS
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: ~D T. HARDEN, CITY MANAGER
~\~6--~~~~J ~\'--'CLC~_
THRU: DAVID J. OVACS, DIRECTOR
DEPARTME OF PANNING AND ZONING
FROM:
II
SUBJECT: MEETING OF MAY 26, 1992
ABANDONMENT OF WATER AND SEWER EASEMENTS
**CONSENT AGENDA**
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of the abandonment of a 12' water easement and a
12. sewer easement.
The subject easements are located within the Delray Mall
property located at the northwest corner of Linton Boulevard
and Federal Highway.
BACKGROUND:
This request is for the abandonment of water and sewer easements
associated with a building expansion which will accommodate a
10-plex movie theater at the Delray Mall.
On March 27, 1991 the Site Plan Review and Appearance Board
approved a site plan modification to accommodate a proposed
8-plex movie theater located at the Delray Mall. Associated with
that petition was the abandonment of a water easement and a sewer
easement that the theater addition encroached upon. The
abandonment of these easements was approved by the City
Commission on May 28, 1991 with the condition that the resolution
would not be recorded until replacement easements had been given.
No further action was taken on the easements.
In March, 1992, the Planning Department received a request to
again modify the site plan in order to accommodate a 10-plex
theater. The site plan modification was approved by the Site
Plan Review and Appearance Board on May 13, 1992, subject to
conditions. Because the theater enlargement would further
encroach upon existing water and sewer mains, it is necessary to
modify the. original abandonment petition to include additional
area.
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City Commission Documentation
Abandonment of Easements within Delray Mall
Page 2
The Environmental Services Department has reviewed the
abandonment petition and has conditioned its approval on the
relocation of the water and sewer mains, and the replacement of
appropriate easements. A guarantee bond will also need to be
posted.
FINDING:
Prior to the granting of an easement abandonment, the following
finding must be made:
* That the abandonment will not result in detriment for the
provision of services to adjacent properties or the general
area.
With the relocation of the water and sewer mains and the
dedication of replacement easements, there will not be any
detriment in the provision of water and sewer services.
PLANNING AND ZONING BOARD CONSIDERATION:
No Planning and Zoning Board review is required for the
abandonment of easements.
RECOMMENDED ACTION:
By motion, approve the abandonment of the 12' water easement and
the 12 · sewer easement through the enactment of Resolution 60-92
subject to the following conditions:
1. That prior to the recordation of the abandonment resolution,
the existing water and sewer mains be relocated and
replacement easements be provided; and
2. That a financial guarantee be provided for the construction
and maintenance of the relocated mains.
Attachment:
* Location Map
T: MALLESM.DOC
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER{rl
SUBJECT: AGENDA ITEM i <6f - MEETING OF MAY 26. 1992
RESOLUTION NO. 55-92
DATE: May 22, 1992
This item is before you to approve a resolution assessing costs
for abatement action required to board up an unsafe building
(rear structure) located on property at 382 N.E. 3rd Avenue. The
Resolution sets forth the actual costs incurred and provides the
mechanism to attach a lien on this property in the event the
assessment of $616 remains unpaid.
Recommend approval of Resolution No. 55-92 assessing costs
to board up an unsafe building (rear structure) located on property
at 382 N.E. 3rd Avenue.
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RESOLUTION NO. 55-92
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF THE CODE OF
ORDINANCES OF THE CITY OF DEL RAY BEACH, ASSESSING COSTS
FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON
LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING
OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING
FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST
ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU-
TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE
SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR
THE MAILING OF NOTICE.
WHEREAS, the Building Official or his designated representative
has, pursuant to Chapter 165, of the Code of Ordinances, declared the
existence of an unsafe building upon certain lots or parcels of land,
described in the list attached hereto and made a p~t \1 (:,reof , for
violation of the building codes and building requirements adopted by
Chapter 165 and those Codes adopted in Chapter 96 of the Code of Ord-
inances; and,
WHEREAS, pursuant to Chapter 165, of the Code of Ordinances of
the City of Delray Beach, the Building Official or his designated
representative has inspected said land(s) and has determined that an
unsafe building existed in accordance with the standards set forth in
Chapter 165 and/or Chapter 96 of the Code of Ordinances, and did furnish
the respective owner (s) of the land (s) described in the attached list
with written notice of unsafe building and detailed report of conditions
and notice to vacate as the Building Official determined that the
building was manifestly unsafe and is considered a hazard to life and
public welfare pursuant to Chapter 165, of the Code of Ordinances
describing the nature of the violations and sent notices that the build-
ing was to be vacated and that the building was to be repaired or
demolished; work must be begun within sixty (60) days and all work must
be completed within such time as the Building Official determines, said
notice also advised that all appeals must be filed wi thin thirty (30)
days from the date of service of the notice and failure to file an
appeal or to make the repairs required that the Building Official would
have the authority to have the building demolished from the date of the
said notice; and,
WHEREAS, all the notice requirements contained within Chapter
165 have been complied with; and,
WHEREAS, neither an appeal to the Board of Construction Appeals
or corrective action was undertaken in accordance with the order of the
Chief Building Official; therefore pursuant to Section 165.41 the Build-
ing Official caused the abatement action to be done; and,
WHEREAS, the City Manager of the City of Delray Beach has,
pursuant to Section 165.42 of the Code of Ordinances of the City of
Delray Beach, submitted to the City Commission a report of the costs
incurred in abating said condition as aforesaid, said report indicating
the costs per parcel of land involved; and,
WHEREAS, the City Commission of the City of Delray Beach,
pursuant to Chapter 165, of the Code of Ordinances desires to assess the
cost of said condition against said property owner(s).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
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Section 1. That assessments in the amount of
as shown by
the report of the City Manager of the City of Delray a copy of which is
attached hereto and made a part hereof, are hereby levied against the
parcells) of land described in said report and in the amount(s) indi-
cated thereon. Said assessments so levied shall, if not paid within
thirty ( 30) days after mailing of the notice described in Section 165.42
become a lien upon the respective lots and parcells) of land described
in said report, of the same nature and to the same extent as the lien
for general city taxes and shall be collectible in the same manner and
with the same penalties and under the same provisions as to sale and
foreclosure as City taxes are collectible.
Section 2. That such assessments shall be legal, valid and
binding obligations upon the property against which said assessments are
levied.
Section 3. That the City Clerk of the City of Delray Beach is
hereby directed to immediately mail by certified mail, postage prepaid,
return receipt requested, to the owner(s) of the property, as such
ownership appears upon the records of the County Tax Assessor, notice(sl
that the City Commission of the City of Delray Beach has levied an assess-
ment against said property for the cost of abatement action regarding an
unsafe building by the thirty (30) days after the mailing date of said
notice of assessment, after which a lien shall be placed on said proper-
ty, and interest will accrue at the rate of six percent (6%) per annum,
plus reasonable attorney's fees and other costs of cOllecting said sums.
Section 4. That this resolution shall become effective thirty
(30) days from the date of adoption and the assessment(s) contained
herein shall become due and payable thirty (30) days after the mailing
date of the notice of said assessment(s), after which a lien shall be
placed on said property(s), and interest shall accrue at the rate of six
percent (6%) per annum plus reasonable attorney's fee and other costs of
collection.
Section 5. That in the event that payment has not been re-
ceived by the City Clerk within thirty (30) days after the mailing date
of the notice of assessment, the City Clerk is hereby directed to record
a certified copy of this resolution in the public records of Palm Beach
County, Florida, and upon the date and time of recording of the certi-
fied copy of this resolution a lien shall become effective on the
subject property which shall secure the cost of abatement, interest at
the rate of 6%, and collection costs including a reasonable attorney's
fee.
PASSED AND ADOPTED in regular session on this the dav
of , 1992.
MAY 0 R
ATTEST:
City Clerk
- 2 - Res. No. 55-92
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NOTICE OF ASSESSMENT
Date
TO: VC and AP Nocera Trust
ADDRESS: 626 West Drive, Delray Beach, Florida 33444
PROPERTY: 382 NE 3rd Avenue, Delray Beach, Florida (rear structure)
LEGAL DESCRIPTION: Lot 26, Block 18, subdivision of Block 81, according
to Plat Book 11, Page 82 of the official records of Palm Beach County, Fl
You, as the record owner of, or holder of an interest in, the above-
described property are hereby advised that a cost of $616.00 by resolution
of the City Commission of the City of Delray Beach, Florida, dated
, 1992, has been levied against the above-described property.
The costs were incurred as a result of a nuisance abatement action
regarding the above-described property. You were given notice on 3-10-92
that the Building Official has determined that a building located on the
above-described property was unsafe. You were advised in that notice of the
action that would be taken to remedy that unsafe condition and that the action
would be initiatp.d on an emergency basis by the City.
x You failed to appeal the decision of the Building Official to the
Board of Construction Appeals although you were informed of your
right to an appeal and of the procedures for obtaining appeal.
You have also failed to take the corrective action required by
the notice of the Building Official.
You appealed the decision of the Building Official to the Board
of Construction Appeals. You were given written notification on
that you were required to take the corrective action
required by the decision of the Board of Construction Appeals
within a stated period of time. You failed to take the action as
required by the order of the Board of Construction Appeals.
You appealed the decision of the Building Official to the Board
of Construction Appeals on . The Board of Construction
upheld the decision of the Building Official.
The City of Delray Beach has therefore taken remedial action to remove
the unsafe condition existing on the above-described property on 3-25-92
at a cost of $616.00 which includes a ten percent (10%) administrative
fee. If you fail to pay this cost within thirty (30) days, that cost shall
be recorded on the official Records of Palm Beach County, Florida against
the above-described property.
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Copy of all notices referred to in this notice are available in the
office of the Buildtng Official.
BY ORDER OF THE CITY COMMISSION.
City Clerk
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER tpJ;
SUBJECT: AGENDA ITEM it 'bG- - MEETING OF MAY 26. 1992
RESOLUTION NO. 56-92
DATE: May 22, 1992
This item is before you to approve a resolution assessing costs
for abatement action required to board up an unsafe building
(front structure) located on property at 382 N.E. 3rd Avenue.
The Resolution sets forth the actual costs incurred and provides
the mechanism to attach a lien on this property in the event the
assessment of $445.50 remains unpaid.
Recommend approval of Resolution No. 56-92 assessing costs
to board up an unsafe building (front structure) located on property
at 382 N.E. 3rd Avenue.
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RESOLUTICN NO. 56-92
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS
FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON
LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING
OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING
FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST
ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU-
TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE
SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR
THE MAILING OF NOTICE.
WHEREAS, the Building Official or his designated representative
has, pursuant to Chapter 165, of the Code of Ordinances, declared the
existence of an unsafe building upon certain lots or parcels of land,
described in the list attached hereto and made a part hereof, for
violation of the building codes and building requirements adopted by
Chapter 165 and those Codes adopted in Chapter 96 of the Code of Ord-
inances; and,
WHEREAS, pursuant to Chapter 165, of the Code of Ordinances of
the City of Delray Beach, the Building Official or his designated
represen ta ti ve has inspected said land (s) and has determined that an
unsafe building existed in accordance with the standards set forth in
Chapter 165 and/or Chapter 96 of the Code of Ordinances, and did furnish
the respective owner(s) of the land(s) described in the attached list
with written notice of unsafe building and detailed report of conditions
and notice to vacate as the Building Official determined that the
building was manifestly unsafe and is considered a hazard to life and
public welfare pursuant to Chapter 165, of the Code of Ordinances
describing the nature of the violations and sent notices that the build-
ing was to be vacated and that the building was to be repaired or
demolished; work must be begun within sixty (60) days and all work must
be completed within such time as the Building Official determines, said
notice also advised that all appeals must be filed wi thin thirty (30)
days from the date of service of the notice and failure to file an
appeal or to make the repairs required that the Building Official would
have the authority to have the building demolished from the date of the
said notice; and,
WHEREAS, all the notice requirements contained within Chapter
165 have been complied with; and,
WHEREAS, neither an appeal to the Board of Construction Appeals
or corrective action was undertaken in accordance with the order of the
Chief Building Official; therefore pursuant to Section 165.41 the Build-
ing Official caused the abatement action to be done; and,
WHEREAS, the City Manager of the City of Delray Beach has,
pursuant to Section 165.42 of the Code of Ordinances of the City of
Delray Beach, submitted to the City Commission a report of the costs
incurred in abating said condition as aforesaid, said report indicating
the costs per parcel of land involved; and,
WHEREAS, the City Commission of the City of Delray Beach,
pursuant to Chapter 165, of the Code of Ordinances desires to assess the
cost of said condition against said property owner(s).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
"
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Section 1. That assessments in the amount of
as shown by
the report of the City Manager of the City of De1ray a copy of which is
attached hereto and made a part hereof, are hereby levied against the
parcells) of land described in said report and in the amount(s) indi-
cated thereon. Said assessments so levied shall, if not paid within
thirty (30 ) days after mailing of the notice described in Section 165.42
become a lien upon the respective lots and parcel (s) of land described
in said report, of the same nature and to the same extent as the lien
for general city taxes and shall be collectible in the same manner and
with the same penalties and under the same provisions as to sale and
foreclosure as City taxes are collectible.
Section 2. That such assessments shall be legal, valid and
binding obligations upon the property against which said assessments are
levied.
Section 3. That the City Clerk of the City of Delray Beach is
hereby directed to immediately mail by certified mail, postage prepaid,
return receipt requested, to the owner(s) of the property, as such
ownership appears upon the records of the County Tax Assessor, notice(s)
that the City Commission of the City of Delray Beach has levied an assess-
ment against said property for the cost of abatement action regarding an
unsafe building by the thirty (30) days after the mailing date of said
notice of assessment, after which a lien shall be placed on said proper-
ty, and interest will accrue at the rate of six percent (6%) per annum,
plus reasonable attorney's fees and other costs of collecting said sums.
Section 4. That this resolution shall become effective thirty
(30) days from the date of adoption and the assessment(s) contained
herein shall become due and payable thirty (30) days after the mailing
date of the notice of said assessment(s), after which a lien shall be
placed on said property(s), and interest shall accrue at the rate of six
percent (6% ) per annum plus reasonable attorney's fee and other costs of
collection.
Section 5. That in the event that payment has not been re-
ceived by the City Clerk within thirty (30) days after the mailing date
of the notice of assessment, the City Clerk is hereby directed to record
a certified copy of this resolution in the public records of Palm Beach
County, Florida, and upon the date and time of recording of the certi-
fied copy of this resolution a lien shall become effective on the
subject property which shall secure the cost of abatement, interest at
the rate of 6%, and collection costs including a reasonable attorney's
fee.
PASSED AND ADOPTED in regular session on this the day
of , 1992.
MAY 0 R
ATTEST:
City Clerk
- 2 - Res. No. 56-92
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NOTICE OF ASSESSMENT
Date
TO: VC and AP Nocera Trust
ADDRESS: 626 West Drive, Delray Beach, Fl 33444
PROPERTY: 382 NE 3rd Avenue (front structure) Delray Beach, Florida 33444
LEGAL DESCRIPTION: Lot 26, Block 18, subdivision of Block 81, Plat Book 11,
Page 82 of the official records of Palm Beach County, Florida
You, as the record owner of, or holder of an interest in, the above-
described property are hereby advised that a cost of $445.50 by resolution
of the City Commission of the City of Delray Beach, Florida, dated
, 1992, has been levied against the above-described property.
The costs were incurred as a result of a nuisance abatement action
regarding the above-desc~ibed property. You were given notice on 3-20-92
that the Building Official has determined that a building located on the
above-described property was unsafe. You were advised in that notice of the
action that would be taken to remedy that unsafe condition and that the action
would be initiatp.d on an emergency basis by the City.
x You failed to appeal the decision of the Building Official to the
Board of Construction Appeals although you were informed of your
right to an appeal and of the procedures for obtaining appeal.
You have also failed to take the corrective action required by
the notice of the Building Official.
You appealed the decision of the Building Official to the Board
of Construction Appeals. You were given written notification on
that you were required to take the corrective action
required by the decision of the Board of Construction Appeals
within a stated period of time. You failed to take the action as
required by the order of the Board of Construction Appeals.
You appealed the decision of the Building Official to the Board
of Construction Appeals on . The Board of Construction
upheld the decision of the Building Official.
The City of Delray Beach has therefore taken remedial action to remove
the unsafe condition existing on the above-described property on 3-30-92
at a cost of 1445 50 which includes a ten percent (10%) administrative
fee. If you ail to pay this cost within thirty (30) days, that cost shall
be recorded on the official Records of Palm Beach County, Florida against
the above-described property.
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Copy of all notices referred to in this notice are available in the
office of the Building Official.
BY ORDER OF THE CITY COMMISSION.
City Clerk
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER tflt1
SUBJECT: AGENDA ITEM it ~ \-\ - MEETING OF MAY 26. 1992
RESOLUTION NO. 57-92
DATE: May 22, 1992
This item is before you to approve a resolution assessing costs
for abatement action required to board up an unsafe building
located on property at 2108 S.W. 13th Court. The Resolution
sets forth the actual costs incurred and provides the mechanism to
attach a lien on this property in the event the assessment of $363
remains unpaid.
Recommend approval of Resolution No. 57-92 assessing costs
to board up an unsafe building located on property at 2108 S.W. 13th
Court.
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----_.._.._._-_._--~--- .------. - --.----.-.-----..--- ._-~ .--.-.---------
RESOLUTION NO. 57-92
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS
FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON
LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING
OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING
FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST
ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU-
TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE
SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR
THE MAILING OF NOTICE.
WHEREAS, the Building Official or his designated representative
has, pursuant to Chapter 165, of the Code of Ordinances, declared the
existence of an unsafe building upon certain lots or parcels of land,
described in the list attached hereto and made a part hereof, for
violation of the building codes and building requirements adopted by
Chapter 165 and those Codes adopted in Chapter 96 of the Code of Ord-
inances; and,
WHEREAS, pursuant to Chapter 165, of the Code of Ordinances of
the City of Delray Beach, the Building Official or his designated
representative has inspected said land(s) and has determined that an
unsafe building existed in accordance with the standards set forth in
Chapter 165 and/or Chapter 96 of the Code of Ordinances, and did furnish
the respective owner(s) of the land(s) described in the attached list
with written notice of unsafe building and detailed report of conditions
and notice to vacate as the Building Official determined that the
building was manifestly unsafe and is considered a hazard to life and
public welfare pursuant to Chapter 165, of the Code of Ordinances
describing the nature of the violations and sent notices that the build-
ing was to be vacated and that the building was to be repaired or
demolished; work must be begun within sixty (60) days and all work must
be completed within such time as the Building Official determines, said
notice also advised that all appeals must be filed within thirty (30)
days from the date of service of the notice and failure to file an
appeal or to make the repairs required that the Building Official would
have the authority to have the building demolished from the date of the
said notice; and,
WHEREAS, all the notice requirements contained within Chapter
165 have been complied with; and,
WHEREAS, neither an appeal to the Board of Construction Appeals
or corrective action was undertaken in accordance with the order of the
Chief Building Official; therefore pursuant to Section 165.41 the Build-
ing Official caused the abatement action to be done; and,
WHEREAS, the City Manager of the City of Delray Beach has,
pursuant to Section 165.42 of the Code of Ordinances of the City of
Delray Beach, submitted to the City Commission a report of the costs
incurred in abating said condition as aforesaid, said report indicating
the costs per parcel of land involved; and,
WHEREAS, the City Commission of the City of Delray Beach,
pursuant to Chapter 165, of the Code of Ordinances desires to assess the
cost of said condition against said property owner(s) .
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
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Section 1. That assessments in the amount of
as shown by
the report of the City Manager of the City of Delray a copy of which is
attached hereto and made a part hereof, are hereby levied against the
parcells) of land described in said report and in the amount(s) indi-
cated thereon. Said assessments so levied shall, if not paid within
thirty (30) days after mailing of the notice described in Section 165.42
become a lien upon the respective lots and parcel (s) of land described
in said report, of the same nature and to the same extent as the lien
for general city taxes and shall be collectible in the same manner and
with the same penalties and under the same provisions as to sale and
foreclosure as City taxes are collectible.
Section 2. That such assessments shall be legal, valid and
binding obligations upon the property against which said assessments are
levied.
Section 3. That the City Clerk of the City of Delray Beach is
hereby directed to immediately mail by certified mail, postage prepaid,
return receipt requested, to the owner(s) of the property, as such
ownership appears upon the records of the County Tax Assessor, notice(s)
that the City Commission of the City of Delray Beach has levied an assess-
ment against said property for the cost of abatement action regarding an
unsafe building by the thirty (30) days after the mailing date of said
notice of assessment, after which a lien shall be placed on said proper-
ty, and interest will accrue at the rate of six percent (6%) per annum,
plus reasonable attorney's fees and other costs of collecting said sums.
Section 4. That this resolution shall become effective thirty
(30) days from the date of adoption and the assessment(s) contained
herein shall become due and payable thirty (30) days after the mailing
date of the notice of said assessment(s) , after which a lien shall be
placed on said property(s), and interest shall accrue at the rate of six
percent (6%) per annum plus reasonable attorney's fee and other costs of
collection.
Section 5. That in the event that payment has not been re-
ceived by the City Clerk within thirty (30) days after the mailing date
of the notice of assessment, the City Clerk is hereby directed to record
a certified copy of this resolution in the public records of Palm Beach
County, Florida, and upon the da te and time of recording of the certi-
fied copy of this resolution a lien shall become effective on the
subject property which shall secure the cost of abatement, interest at
the rate of 6%, and collection costs including a reasonable attorney's
fee.
PASSED AND ADOPTED in regular session on this the day
of , 1992.
MAY 0 R
ATTEST:
City Clerk
-2- Res. No. 57-92
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NOTICE OF ASSESSMENT
Date
TO: ~~yy H ~nn C.~Ynlynn R. Mayer
ADDRESS: ?n~ NY ~~rh S~rppr, Boc.a Raton, Fl 33432
PROPERTY: 2108 SW 13th Court. De1ray Beach. F1 33444
LEGAL DESCRIPTION: Lot 2, Block 6, De1ray Beach Highlands Section 3
Pl~r Rook 27, Page 108 of the official records of Palm Beach County, F1
You, as the record owner of, or holder of an interest in. the above-
described property are hereby advised that a cost of $3n1 00 by resolution
of the City Commission of the City of Delray Beach, Florida, dated
, 1992, has been levied against the above-described property.
The costs were incurred as a result of a nuisance abatement action
regarding the above-described property. You were given notice on ]-10-92
that the Building Official has determined that a building located on the
above-described property was unsafe. You were advised in that notice of the
action that would be taken to remedy that unsafe condition and that the action
would be initiatp.d on an emergency basis by the City.
y You failed to appeal the decision of the Building Official to the
Board of Construction Appeals although you were informed of your
right to an appeal and of the procedures for obtaining, appeal.
You have also failed to take the corrective action required by
the notice of the Building Official.
You appealed the decision of the Building Official to the Board
of Construction Appeals. You were given written notification on
that you were required to take the corrective action
required by the decision of the Board of Construction Appeals
within a stated period of time. You failed to take the action as
required by the order of the Board of Construction Appeals.
You appealed the decision of the Building Official to the Board
of Construction Appeals on . The Board of Construction
upheld the decision of the Building Official.
, The City of De1ray Beach has therefore taken remedial action to remove
the unsafe condition existing on the above-described property on 3~25-92
at a cost of $363.00 which includes a ten percent (10%) administrative
fee. If you fail to pay this cost within thirty (30) days, that cost shall
be recorded on the official Records of Palm Beach County, Florida against
the above-described property.
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Copy of all notices referred to in this notice are available in the
office of the Build~ng Official.
BY ORDER OF THE CITY COMMISSION.
City Clerk
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER t'lJv1
SUBJECT: AGENDA ITEM # n- - MEETING OF MAY 26, 1992
RESOLUTION NO. 58-92
DATE: May 22, 1992
This item is before you to approve a resolution assessing costs
for abatement action required to resecure the window of a boarded
up building located on property at 141-143 S.W. 12th Avenue.
The Resolution sets forth the actual costs incurred and provides
the mechanism to attach a lien on this property in the event the
assessment of $27.50 remains unpaid.
Recommend approval of Resolution No. 58-92 assessing costs
to resecure the window of a boarded up building located on property
at 141-143 S.W. 12th Avenue.
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RESOLUTION NO. 5'- 92
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS
FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON
LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING
OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING
FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST
ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU-
TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE
SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR
THE MAILING OF NOTICE.
WHEREAS, the Building Official or his designated representative
has, pursuant to Chapter 165, of the Code of Ordinances, declared the
existence of an unsafe building upon certain lots or parcels of land,
described in the list attached hereto and made a part hereof, for
violation of the building codes and building requirements adopted by
Chapter 165 and those Codes adopted in Chapter 96 of the Code of Ord-
inances; and,
WHEREAS, pursuant to Chapter 165, of the Code of Ordinances of
the City of Delray Beach, the Building Official or his designated
representative has inspected said land(s) and has determined that an
unsafe building existed in accordance with the standards set forth in
Chapter 165 and/or Chapter 96 of the Code of Ordinances, and did furnish
the respective owner(s) of the land(s) described in the attached list
with written notice of unsafe building and detailed report of conditions
and notice to vacate as the Building Official determined that the
building was manifestly unsafe and is considered a hazard to life and
public welfare pursuant to Chapter 165, of the Code of Ordinances
describing the nature of the violations and sent notices that the build-
ing was to be vacated and that the building was to be repaired or
demolished; work must be begun within sixty (60) days and all work must
be completed within such time as the Building Official determines, said
notice also advised that all appeals must be filed within thirty (30)
days from the date of service of the notice and failure to file an
appeal or to make the repairs required that the Building Official would
have the authority to have the building demolished from the date of the
said notice; and,
WHEREAS, all the notice requirements contained within Chapter
165 have been complied with; and,
WHEREAS, neither an appeal to the Board of Construction Appeals
or corrective action was undertaken in accordance with the order of the
Chief Building Official; therefore pursuant to Section 165.41 the Build-
ing Official caused the abatement action to be done; and,
WHEREAS, the City Manager of the City of Delray Beach has,
pursuant to Section 165.42 of the Code of Ordinances of the City of
Delray Beach, submitted to the City Commission a report of the costs
incurred in abating said condition as aforesaid, said report indicating
the costs per parcel of land involved; and,
WHEREAS, the City Commission of the City of Delray Beach,
pursuant to Chapter 165, of the Code of Ordinances desires to assess the
cost of said condition against said property owner(s).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
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Section 1. That assessments in the amount of
as shown by
the report of the City Manager of the City of Delray a copy of which is
attached hereto and made a part hereof, are hereby levied against the
parce1(s) of land described in said report and in the amount(s) indi-
cated thereon. Said assessments so levied shall, if not paid within
thirty (30) days after mailing of the notice described in Section 165.42
become a lien upon the respective lots and parcel (s) of land described
in said report, of the same nature and to the same extent as the lien
for general city taxes and shall be collectible in the same manner and
with the same penalties and under the same provisions as to sale and
foreclosure as City taxes are collectible.
Section 2. That such assessments shall be legal, valid and
binding obligations upon the property against which said assessments are
levied.
Section 3. That the City Clerk of the City of Delray Beach is
hereby directed to immediately mail by certified mail, postage prepaid,
return receipt requested, to the owner(s) of the property, as such
ownership appears upon the records of the County Tax Assessor, notice(s)
that the City Commission of the City of Delray Beach has levied an assess-
ment against said property for the cost of abatement action regarding an
unsafe building by the thirty (30) days after the mailing date of said
notice of assessment, after which a lien shall be placed on said proper-
ty, and interest will accrue at the rate of six percent (6%) per annum,
plus reasonable attorney's fees and other costs of collecting said sums.
Section 4. That this resolution shall become effective thirty
(30) days from the date of adoption and the assessment(s) contained
herein shall become due and payable thirty (30) days after the mailing
date of the notice of said assessment(s) , after which a lien shall be
placed on said property(s) , and interest shall accrue at the rate of six
percent (6%) per annum plus reasonable attorney's fee and other costs of
collection.
Section 5. That in the event that payment has not been re-
ceived by the City Clerk within thirty (30) days after the mailing date
of the notice of assessment, the City Clerk is hereby directed to record
a certified copy of this resolution in the public records of Palm Beach
County, Florida, and upon the date and time of recording of the certi-
fied copy of this resolution a lien shall become effective on the
subject property which shall secure the cost of abatement, interest at
the rate of 6%, and collection costs including a reasonable attorney's
fee.
PASSED AND ADOPTED in regular session on this the day
of , 1992.
MAY 0 R
ATTEST:
City Clerk
- 2 - Res. No. 56-92
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NOTICE OF ASSESSMENT
Date
TO: James E. Vance
ADDRESS: 1630 Clare Avenue, West Palm Beach, Fl 33402
PROPERTY: 141-43 SW 12th Avenue, Delray Beach, Fl 33444
LEGAL DESCRIPTION: Lot 11, Block 6, Atlantic Gardens, according to Plat
Book 14, Page 63 of the official records of Palm Beach County, Fl
You, as the record owner of, or holder of an interest in. the above-
described property are hereby advised that a cost of $27.50 by resolution
of the City Commission of the City of Delray Beach, Florida, dated
, 1992. has been levied against the above-described prop~rty.
.
The costs were incurred as a result of a nuisance abatement action
regarding the above-described property. You were given notice on 3-20-92
that the Building Official has determined that a building located on the
above-described property was unsafe. You were advised in that notice of the
action that would be taken to remedy that unsafe condition and that the action
would be initiatp.d on an emergency basis by the City.
x You failed to appeal the decision of the Building Official to the
Board of Construction Appeals although you were informed of your
right to an appeal and of the procedures for obtainin& appeal.
You have also failed to take the corrective action required by
the notice of the Building Official.
You appealed the decision of the Building Official to the Board
of Construction Appeals. You were given written notification on
that you were required to take the corrective action
required by the decision of the Board of Construction Appeals
within a stated period of time. You failed to take the action as
required by the order of the Board of Construction Appeals.
You appealed the decision of the Building Official to the Board
of Construction Appeals on . The Board of Construction
upheld the decision of the Building Official.
The City of Delray Beach has therefore taken remedial action to remove
the unsafe condition existing on the above-described property on 3-25-92
at a cost of $27.50 which includes a ten percent (10%) administrative
fee. If you fail to pay this cost within thirty (30) days, that cost shall
be recorded on the official Records of Palm Beach County, Florida against
the above-described property.
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Copy of all notices referred to in this notice are available in the
office of the Building Official.
BY ORDER OF THE CITY COMMISSION.
City Clerk
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM i JI - MEETING OF MAY 26. 1992
AWARD OF BIDS AND CONTRACTS
DATE: May 22/ 1992
This item is before you to approve the award of the following bids
and contracts:
1. Pompey Park Press Box - Parks and Recreation- R.P.M.
Construction Company/ Inc. in the amount of $29/379 with funding
from Community Development - Pompey Park Improvements (Account
No. 118-1962-554-60.20).
2 . Wellfield Rehabilitation Construction - Environmental
Services - Meridith Corporation in the amount of $198/383 with
funding from Water and Sewer Renewal and Replacement Fund
(Account No. 442-5178-536-61.82/ $192/957.19) and 1991 Water and
Sewer Revenue Bond (Account No. 447-5171-536-60.31/$5/425.81).
3. Wrecker/Towing Services - Police Department - Zuccala Wrecker
Service, Inc. in the amount of $108,100 (no City funding is
involved) .
4 . Boy Scout Hut/Enfield Road Improvements - Environmental
Services - Asphalt Construction of Palm Beach in the amount of
$123,328.20 with funding from 1987 Utility Tax - Boy Scout Hut
(Account No. 333-4141-572-61.37/$69,000), 1987 Utility Tax -
Cemetery Road (Account No. 333-4511-539-51.39/$31,000) and
Decade of Excellence Bond Issue Interest Earnings (Account No.
225-0000-301-25.00/$28,328.20).
Recommend approval of the award of the above bids and contracts; with
funding as indicated.
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Agenda Item No.:
AGENDA REQUEST
Date: May 13, 1992
Request to be placed on:
~ Regular Agenda
_____ Special Agenda
_____ Workshop Agenda When: May 26, 1992
Description of item (who, what, where, how much): Staff requests City Commission
to approve construction contract for Pompey Park Press Box, Proj. No. 91-104 to
R.P.M. Construction Company, Inc. in the amount of $29,379.00. Funding for this
project will be from #118-1962-554-60.20. The architect's cost estimate for
this pro;ect was $33.360. The lowest responsive responsible bidder was $3,981
below the budget amount.
ORDINANCE/RESOLUTION REQUIRED: XXI/NO DRAFT ATTACHED ~/NO tflf
Recommendation: Staff recommends City Commission to approve award of construction
contract to R.P.M. Construction Company. Inc. in the amount of $29.379.00.
Department Head Signature: &/~~ o~ u,~ ~~~,4 ~
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable)
Budget Director Review (r~red on all items involving expenditure of funds):
Funding available: YES NO
Funding alternatives (if apPlicabl~ i2
I Account No. & Description JI8 19hZ SS4- 6f:) ~o ~I-I 72url- ().....,~ N'k:.. /,.,~.
f.>>V Account Balance A.;;, 3l.f/ /,93
City Manager Review:
Approved for agenda: @/NO &1
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
rrLs ~Oi""l"LL(N'7 ~2.,,37Cj.
~ 1~cJ...1.iOES ~04-€T X. I
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DEPARTMENT OF ENVIRONMENTAL SERVICES
MEMORANDUM
TO: DAVID T. HARDEN
CITY MANAGER
FROM: ROB TAYLOR, P.E. fj;O
ASSISTANT CITY ENGINEER
DATE: MAY 18, 1992
SUBJECT: POMPEY PARK PRESS BOX
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
This is a clarification to our agenda request for award of
contract to RPM Construction for this Project.
We are recommending award for the base bid plus two of the three
alternates. The base bid is for the actual construction of the
Press Box ($ 30,214) , the deduct alternate for eliminating the
outside deck ($ 2,793), and the add alternate for repairing the
roof on the existing structure ($ 1,958), which yields the total
contract award of $ 29,379. We are not recommending the add
alternate for providing roll down shutters( $ 4,071). Joe Weldon
has indicated that these can be provided at a later date if they
are deemed necessary.
If you need any additional information regarding this matter
please call me at extension 7337.
RT:kt
cc: William H. Greenwood, Director of Environmental Services
Ralph E. Hayden, P.E., City Engineer
Joe Weldon, Director of Parks and Recreation
File: Memos to David T. Harden, City Manager
91-104 (D)
RTDH518.KT
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MEMORANDUM
TO: David T. Harden
City Manager
FROM: Ralph E. Hayden, P.E~
City Engineer
DATE: April 20, 1992
SUBJECT: Pompey Park Press Box
Delray Beach Project No.91-104
Enclosed for your review is the bid tabulation and
evaluation prepared by our consultant, David E. Miller and
Associates.
We recommend award to R.P.M. Construction Co. , Inc. of the
base bid, the add alternate No. 2, and the deduct alternate
No. 3 for a final contract price of $29,379.00. The funding
source for this project is 118-1962-554-60.20.
Attached also is the Notice of Tentative Award for your
approval and signature.
RT:mm
File: Project No. 91-104 (D)
Memos to City Manager
RT1104.MRM
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~.. David lVliller and Associates
3] 9 Clematis Street
West PalIll B(';lISl. FI?:'jda 3:).101
('107) (. ~Zd7ttH - 9 PlI 3: , 2
David R. :\Iiller. A.LA.
April 8, 1992
Mr. Robert Taylor, P.E.
Assistant city Engineer
Environmental Services Department
Delray Beach, Florida 33444
RE: Pompay Park Press Box
Bid Evaluation
Dear Rob,
Attached please find a tabulation evaluating the bids for the above
referenced project. Based upon this evaluation, RPM Construction
Company, Inc. is the apparent low bidder. I would like to propose
that you proceed in contract negotiations with this contractor and,
if the budget will allow it, include all of the bid alternates.
Please have the contractor send me information (manufactures data,
etc. ) about the alternates for my review and formal
recommendations.
Please call me if you have any questions about this project.
Thank you.
~~~ll~r. A.I.A.
Attachment
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April 6, 1992
;
Pompey Park Press Box - Bid Tabulation ;
. j
City of Delray Beach Project No: 91-104 !
j
I
David Miller and Associates Project No: 91-901
Bidder Base Bid Alt. #1 Alt. #2 Alt. #3 !
(add) (add) (deduct)
ARZ Builders $35,333.00 $3,000.00 $6,500.000 $1,500.00
Colonna Const.
Company, Inc. $31,595.00 Not Bid $3,450.00 $2,100.00
Janus & Hill
Corporation $37,000.00 $15,000.00 $2,000.00 $ 300.00
R.P.M. Const.
Company, Inc. $30,214.00 $4,071.00 $1,958.0 $2,793.00
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Agenda Item No.:
AGENDA REQUEST
Date: May 18, 1992
Request to be placed on:
~ Regular Agenda
_____ Special Agenda
Workshop Agenda When: May 26, 1992
Description of item (who, what, where, how much): Staff requests City Commission to
approve award to the lowest responsive responsible bidder for Wellfield Rehabilitation Construction
Project to Meridith Corporation in the amount of $198,383. Project No. 90-56. Funding source
is 447-5171-536-60.31 - $5,425.81; and 442-5178-536-61.82 - $192,957.19.
ORDINANCE/RESOLUTION REQUIRED: ~/NO DRAFT ATTACHED XEB/NO
Recommendation: Staff recommends City Commission to approve award of bid to Meridith Corporation
in the amount of $198,383 for Project No. 90-56 - Wellfield Rahabilitation Construction.
Department Head Signature: 4/1, ~& I":Y->~~Yf'__ j ~/to/~2 GA
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable)
Budget Director Review (~ed on all items involving expenditure of funds):
Funding available: YES 0
Funding alternatives (if applicable)
Account No. & Description 1~ S';~~S~'3tOh/3~ ZI :X 't~~~~~QL:: rf~
~ Account Balance
,
City Manager Review: 11 /'1~CJ S?1.2
Approved for agenda: ~/NO lJI~
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
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MEMORANDUM
TO: David T. Harden
City Manager
FROM: George Abou-Jaoude
Deputy Director of Public Utilities
SUBJECT: BID OPENING/AWARD - PROJECT NO. 90-56
WELLFIELD REHABILITATION PROJECT
DATE: May 18, 1992
Attached please find tabulation and recommendation to award the
bid to Meridith Corporation for the rehabilitation of the project
stated above.
Meridith Corporation has done construction previously for the
City of Delray Beach and has demonstrated good working knowledge
and relations with our staff.
We concur with CH2M Hill's recommendation and recommend award to
Meridith Corporation in the amount of $198,383.00.
Funding sources are from R&R 442-5178-536-61.82 for the amount of
$192,957.19 and 91 Bond 447-5171-536-60.31 for $5,425.81.
G
GA:smm
ATTS:
File: Memos to city Manager
~. J. d .
Of
0_ Engineers
_ Planners
~ Economists
_ Scientists
May 14, 1992
SEF30787.EO
Mr. George Abou-Jaoude
Deputy Director of Public Utilities
City of Delray Beach
434 South Swinton Avenue
Delray Beach, FL 33444
Dear Mr. Abou-Jaoude:
Subject: Results of Bid Opening on the Well Field Rehabilitation, Abandonment,
Flowmeter and Monitor Well Installation Project
The bid opening for the subject project was held on May 11, 1992, at 2:00 p.m. in the
City's Commission Chambers. Nine contractors purchased contract documents and six
submitted formal bid proposals, The six bidders all acknowledged receipt of the two
addenda, and five of the six submitted their required bid bond equal to at least 5 percent
of their total bid amount. Centech Utility, who submitted the highest bid, only had a bid
bond of $15,000, which is less than 5 percent of their total bid. A summary of the bid
tabulation, along with a more detailed version showing the bidders unit prices are
attached,
We have evaluated the six bids and conclude that Meridith Corporation, located in
Orlando, Florida, has submitted the lowest, responsive, responsible bid of $198,383.
Based on the results of the bid tabulation and that Meridith Corporation has demonstrated
a good working knowledge of the City's well fields, we recommend that the city award
the contract to them in accordance with the lump sum and unit prices stated in their bid
schedule.
We understand that the recommended bid award will be presented to the City
Commission for approval on May 26, 1992. If you wish us to attend the meeting in
CH2M HILL Deerfleld Beach Office 800 Fairway Drive, Suite 350 305.426.4008
Deerfleld Beach, 407.737.6665
Florida 33441 Fax 305.698.60 10
'f
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Mr. George Abou-Jaoude
Page 2
May 14, 1992
SEF30787.EO
support of the recommendation, please let me know. Should you or Mr. Haley have any
questions, please call me at (407) 737-6665.
Sincerely,
CH2M HILL
~~j:
Project Manager
pk/lOOIODFD.DFB
Enclosures
cc: William Greenwood/Delray Beach
Don Haley/Delray Beach
Tom Tessier/Geraghty and Miller
Richard Nevulis/CH2M HILL
John Curtiss/CH2M HILL
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"
.
. .
Agenda I tern No. :
AGENDA REQUEST
Date: May 13, 1992
Request to be placed on:'
XX Regular Agenda Special Agenda Workshop Agenda
When: Mav 26. 1992
Des9ription of agenda item (who, what, where, how much): Bid Award -
Wrecker / Towing Service for Police Department - Annual Contract.
Bid #92-24
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Award to low responsive bidder, Zuccala Wrecker Service
Inc.. subject to the stipulations stated on attached memo.
No City fund!': are lI!':ed for ~h;!': contract.
, . .Jj(~,y
t(1
pepartment Head Signature:
Determination of Consistency with Comprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds):
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for agenda: YES/ NO
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
..
"
.
MEMORANDUM
TO: David T. Harden, City Manager
THROUGH: Robert A. Barcinski, Assistant City Manager/ ~
Administrative Services
FROM: Ted Glas, Purchasing Officer ~#
DATE: May 13, 1992
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
MAY 26, 1992 - BID AWARD - BID #92-24
WRECKER/TOWING SERVICE FOR POLICE DEPARTMENT
Item Before City Commission:
The City Commission is requested to award an annual contract for
wrecker/towing service for the Police Department to the low responsive
bidder, Zuccala Wrecker Service, Inc. , at an estimated annual cost of
$108,100. No City funds are used for this service. Owners of
vehicles being towed pay for the service.
Background:
The Police Department has need for an annual contract for dispatching
a towing contractor to the scene of vehicle accidents and for removing
illegally parked vehicles on public property.
Bids for this service were received on April 14, 1992 from five (5)
contractors, all in accordance with City purchasing procedures. (Bid
#92-24. Documentation on file in the Purchasing Office. ) A
tabulation of bids is attached for your review.
The low bid submitted by Rangeline Towing took exception to the firm
price requirement, and stated that after 48 hours, prices for vehicle
storage would increase to the much higher County established rates.
It is estimated that this exception would increase their total bid by
approximately $378,000. per year. The Rangeline Towing bid is
considered to be unresponsive.
The second low bid was submitted by Zuccala Wrecker Service, Inc.
This bid offers outside storage at a rate of $.Ol/day. Mr. Zuccala
has re-affirmed that this is all he will charge for storage. Staff
feels that if an award is made to this firm that it be conditional to
there being no additional charges nor increased charges from those as
bid; and if evidence of increased or additional charges are
discovered, that the contract be terminated immediately. Staff also
feels that Zuccala Wrecker Service, Inc. should sign a service
contract agreement prepared by the City Attorney's Office.
7f~J.3.
'.
'.
-
.
Recommendation:
Staff recommends award to the low responsive bidder, Zuccala Wrecker
Service. subject to the stipulations stated above; and per the
specifications, the City Manager be authorized to renew the contract.
subject to contractor's acceptance, satisfactory performance, and
determination that renewal is in the best interest of the City.
Attachments:
Tabulation of Bids
Memo from Police Dept.
pc: Chief Overman
Major Lincoln
David Tolces
..
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Delray Beach Police Department ~
300 West Atlantic Avenue · Delray Beach, Florida 33444-3666 RICHA~D G. O~~RMAN
(407) 243-7888 Fax (407) 243-7816 Chief of Police
MEMORANDUM
TO: Ted Glas, Purchasing Officer
FROM: Richard M. Lincoln, Major f~
Field Operations Bureau
THRU: Richard G. Overman, Chief of POliC~~
DATE: May 8, 1992
SUBJECT: BID #92-24
WRECKERS/TOWING SERVICE FOR POLICE DEPARTMENT
As a follow-up to the meeting today involving Assistant Ci ty
Manager Barcinski, Assi stant City Attorney Tolces, you and me,
this memorandum will serve as a recommendation by the Police
Department that a towing contract be awarded to Zuccala's Wrecker
Service.
As noted at the meeting. the conditional pricing set forth by
Rangeline Towing in the area of outside storage for vehicles and
lien and title fees does not specifically comply with the wrecker
bids requested and does in fact substantially increase the grand
total budget price when tabulated.
RML/ppt
COMMITTED TO I{fE IMPROVFMFNT OF TH,F nllAI ITV ()I= I 11=1=
.,
. -
Agenda Item No.:
AGENDA REQUEST
Date: May 14, 1992
Request to be placed on:
~ Regular Agenda
_____ Special Agenda
_____ Workshop Agenda When: May 26, 1992
Description of item (who, what, where, how much) : Staff requests City Commission to
approve award of contract to Asphalt Construction of Palm Beacn in the amount of $123,328.20 for the
Boy Scout Hut/Enfield Road Improvements - Project No. 91-85. Bids opened Wednesday, May 6th; low
bidder Asphalt Construction of Palm Beach - Boy Scout Hut Parking &Driveway Improvements.
Funding source wsll be as follows: 1987 Utility Tax - #333-4141-572-61.37 - $69.000; a budqet transfer
of $31.000 from Cemetarv Road #333-4511-539-61.39 will be done to #333-4141-572-61.37 - total beinQ
$100.000. The remaininq balance of $28.328.20 will be taken from DOE 1990 G.O. Interest EarninQs -
#225-0000-301-25.00.
ORDINANCE/RESOLUTION REQUIRED: ~/NO DRAFT ATTACHED ~~NO
Recommendation: Staff recommends City Commission to approve award of contract to Asphalt
Construction of Palm Beach for $123,328.20.
Department Head Signature: #/fld ~"-CH~ ~;znI-
Determination of consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable)
Budget Director Review (~~ired on all items involving expenditure of funds):
Funding available: E INO
Funding alternatives . (if applicable)
Account No. & DescriPtion'3"33-~-S.7~.~~7 BoV~\ ~VlllMPpnv.
Account Balance 100,a:o fu~DI ,(LA 5
l;t t-J Au..DcA:T8D I NT. ,~tJ I ~ ~ - cce
City Manager Review: '~30n/~. g'b A$ DT= tt/7,D/Ci. 7-
Approved for agenda: 6JNO VJv1
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
.,
'.
. ~~
MEMO CITY OF DELRAY BEACH
ENVIRONMENTAL SERVICES DEPARTMENT
TO : PA/l!) -r. ~ ,41Zo15iJol, elTl M;1,.i /J-()e'- DATE . ;>-L7.-'1l/
.
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MEMO CITY OF DEmAY BEACH ~~
ENVIRONMENTAL SERVICES DEPARTMENT
0 : J)h/lf) I. ~ A-lZoe;tJ I el7Y Mt1,.J M.)et- DATE . S"-l..1. -'11/
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~FROM : e,CrlA,Jp C. #M/C..o, Pc. C'-f1cV t:!=S,~....J ~4~.
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERf/M
SUBJECT: AGENDA ITEM i ~~ - MEETING OF MAY 26. 1992
REPORT OF APPEALABLE LAND USE ITEMS
DATE: May 22, 1992
This item is before you for acceptance of the report of decisions
made by the various development related boards during the period May
11, 1992 through May 22, 1992. The following actions were
considered during this reporting period:
Planning and Zoning Board:
-Denied an appeal of Administration Determination regarding
the applicability of non-conforming use regulations for
Federal Auto Plaza.
Site Plan Review and Appearance Board:
-Denied proposed changes to the architectural elevations
(color change and parapet addition) for Winn Dixie
Building.
-Approved the architectural elevations for Panache
Christmas Shoppe.
-Approved the landscape plan associated with the Griffin
Gate development.
-Approved the architectural elevations and landscape plan
for M.A.B. Paints.
-Approved the architectural elevations associated with
entrance wall features at Palm Cove Apartments.
-Approved the architectural elevations for a 572 square
foot building addition for First Union Bank.
-Approved the architectural elevations associated with a
covered walkway addition at the Delray Beach Library.
-Approved the architectural elevations (facade changes) for
Atlantic Plaza.
-Approved a minor modification, landscape plans and
architectural elevations for a 5,460 building addition at
Delray Mall.
-Approved a major site plan modification, landscape plan
and architectural elevations for a 16,600 square foot
addition at Cason United Methodist Church.
-Approved site and landscape plans and architectural
elevations for a 2,740 square foot Wendy's Restaurant.
-Approved site and landscape plans for Tire Kingdom.
-Approved site and landscape plan and architectural
elevations for Fire Station No. 5.
Historic Preservation Board did not hold a regular business
meeting during this reporting period.
A detailed staff report is attached as backup material for this item.
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: T. HARDEN, CITY MANAGER
THRU: D ~~S~~
DEPARTMENT OF PLANNING AND ZONING
t~~
FROM: JASMIN ALLEN, PLANNER I
SUBJECT: MEETING OF MAY 26, 1992
REPORT OF APPEALABLE LAND USE ITEMS
MAY 11, 1992 THRU MAY 22, 1992
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 May 11, 1992, through May 22,
1992.
BACKGROUND:
This is the method of informing the City Commission of land use
actions, taken by designated Boards, which may be appealed by the
City Commission, After this meeting, the appeal period shall
expire (unless the 10 day minimum has not occurred).
Section 2,4,7(E) of the LDRs applies, In summary, it provides
that the City Commission hears appeals of actions taken by an
approving Board, It also provides that the City Commission may
file an appeal, To do so:
1. The item must be raised by a City Commission member,
2. By motion, an action must be taken to place the item on
the next meeting of the Commission as an appealed item,
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City Commission Documentation
Report of Appealable Land Use Items
May 11, 1992 thru May 22, 1992
Page 2
PLANNING AND ZONING BOARD (PZB) MEETING OF MAY 18, 1992
A, Denied an appeal of Administrative Determination regarding
the applicability of non-conforming use regulations for
Federal Auto Plaza (Vote 6 to 0) , The appeal sought the
establishment of a general classification of use (auto
repair) which include among other uses actual repair, the
sale and installation of specilaity items (window
tinting,stereo equipment) auto detailing within a structure
which currently has, a non-conforming status, such generaly
classified uses, A notice of intent to appeal the Board's
action has been filed by the applicant. The appeal will
considered at the June 23, 1992, City Commission meeting.
No other appealable items were considered by the Board, However,
the following agenda items which were considered by the Board
will be forwarded to the City Commission as separate agenda
items:
* Recommendation of approval (6 to 0) for the annexation of
Delray Farmers Market/ Handy Market with initial zoning of
Neighborhood Commercial ( NC) . Location is on the north side
of Atlantic Avenue, west of Barwick Road.
* Recommendation of denial (6 to 0) of a rezoning from
Planned Office Center (PaC) to Neighborhood Commercial (NC)
upon 1.7 acres of land located at the northwest corner of
Lake Ida Road and Congress Avenue, The Board continued an
accompanying conditional use request, to allow the
"Dispensing of Gasoline Directly to a Vehicle", until the
City Commission acts on the rezoning petition, A request
has been received from the applicant to defer action on the
rezoning request to the June 23, 1992, City Commission
meeting,
* Recommended approval (6 to 0) of a Text Amendment,
regarding stacking distance requirement(s) for entry points
to parking lots,
* Recommended approval (6 to 0), subject to conditions, of an
abandonment of a portion of Dixie Boulevard associated with
Sherwood Pontiac / Aiden Inc. properties,
* Recommended that the City no longer pursue the closure of
Palm Square,
* Recommended that a policy directive regarding a "Program
for addressing Traffic Issues" is adopted by the City
Commission (6 to 0).
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City Commission Documentation
Report of Appealable Land Use Items
May 11, 1992 thru May 22, 1992
Page 3
SITE PLAN REVIEW AND APPEARANCE BOARD (SPRAB) MEETING OF MAY 13,
1992:
1. Denied proposed changes to the architectural elevations
(color changes and parapet addition) for the Winn Dixie
Building on N.E. 2nd Avenue (Vote 5 to 0).
2. Approved the architectural elevations (color changes) for
Panache Christmas Shoppe, located at the southeast corner
SE 1st Street and 2nd Avenue (Vote 5 to 0).
3, Approved the landscape plans associated with the Griffin
Gate development proposal located at the southeast corner
of Swinton Avenue and SE 4th Street (Vote 5 to 0). Both the
site plan and architectural elevation plans were previously
approved by the Board.
4, Approved the architectural elevations and landscape plan
for M.A,B. Paints which is located at the Shoney's
Restaurant site, which is north of SE 10th Street, between
the Federal Highway pairs (Vote 4 to 0). The site plan was
previously approved by the Board,
5, Approved the architectural elevations associated with
entrance wall features at Palm Cove Apartments, located at
the southwest corner of Linton and Homewood Boulevards
(Vote 5 to 0) , The associated site plan changes were
approved administratively as a non-impacting modification.
6. Approved the architectural elevations in conjunction with a
572 sq, ft, building addition to the First Union Bank
within the Delray Square Shopping Center, located at the
northeast corner of Atlantic Avenue and Military Trail
(Vote 5 to 0) . The site plan change was approved
administratively as a non-impacting modification,
7 , Approved the architectural elevations associated with a
covered walkway addition at the Delray Beach Library,
located on the east side of SE 4th Avenue, between Atlantic
Avenue and SE 1st Street. The site plan change was approved
administratively as a non-impacting modification,
8, Approved the architectural elevations (facade changes to
the north building elevation) for Atlantic Plaza, located
at the northeast corner of East Atlantic Avenue and NE 7th
Avenue (Vote 5 to 0),
9. Approved a minor site plan modification, landscape plans
and architectural elevations associated with a 5,460 sq,
ft. building addition to accommodate two additional
theatres at the Delray Mall, located at the northwest
corner of Linton Boulevard and U,S. Highway No 1 (Vote 5 to
0) .
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City Commission Documentation
Report of Appealable Land Use Items
May 11, 1992 thru May 22, 1992
Page 4
10. Approved a major site plan modification, landscape plan and
architectural elevations associated with the construction
of 16,600 sq,ft, of new floor area which will house a new
child care area, fellowship hall and entry court for Cason
United Methodist Church, located at the southwest corner of
Lake Ida Road and Swinton Avenue (Vote 5 to 0).
11- Approved a site plan, landscape plan and architectural
elevations associated with the construction of a 2,740 sq,
ft. Wendy's restaurant to be located on the south side of
Linton Boulevard, east of SW 4th Avenue (Vote 5 to 0),
12, Approved a site plan and landscape plan for Tire Kingdom,
to be located on the south side of Linton Boulevard,
immediately west of the FEC railroad (Vote 5 to 0) , The
architectural elevations were tabled,
13, Approved the site plan, landscape plan and architectural
elevations associated with the construction of the new Fire
Station #5, located south of Germantown Road, east of its
intersection with Linton Boulevard (Vote 5 to 0),
No other appealable items were considered by the Board, However,
the following agenda item required Board action:
* Approved the business sign for Carpet Expo, located at 4953
West Atlantic Avenue.
HISTORIC PRESERVATION BOARD (HPB) MEETING (NO Regular Business
meeting was held during this period),
RECOMMENDED ACTION:
By motion, receive and file this report,
Attachments: Location Map
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LOCA liON MAP FOR
CITY COMMISSION MEETING
or MAY 26. 1992
L-. CNW.
LAKE lOA ROAD
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lDWSON IOUU\'ARD
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UHTON BOUUVARD i
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L-3I CANAL
P.Z.B S.P ,R.A.B, ITEMS:
A - FEDERAL AUTO 1, - WINN DIXIE 9, - DELRAY MALL
N PLAZA 2, - PANACHE CHRISTNAS SHOPPE 10, - CASON ..ETHODIST
3. - GRIFFIN GATE CHURCH
4. - M.A.B. PAINTS 11. - WENDY.S
- 5, - PAU4 COVE 12. - TIRE KINGDOM
6. - FIRST UNION BANK 13. - FIRE STATION 15
7. - DELRAY BEACH UBRARY
CITY OF DELRAY BEACH, FLORIDA 8, - ATLANTIC PLAZA
PLANNING DEPAR1\tENT
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CITY ATTORNEY'S OFFICE TEL No. 407 278 4?55 May 22,92 15:44 P.O~
~ 0 tliL~~,hJ-~~ 0:;/
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[IT' DF DELRA' BEA[H Cl ~ ~ dvm.
CITY ATTORNEY'S OFFICE 2()(J !"W ISI ,WEt:CE . LlLLRAY BEACH, FLORIDA 33444
FACSIMILE 4071278-4755 W it ' D1 t Ti
r er 8 rec ~ ne
(407) 243-7092
MEMORANDUM
Date: May 22, 1992
To: City commission
From: Jeffrey S. Kurtz, City Attorney~
Subject: Tennis Stadium Update
As the Commission is aware, the closing on Laver's did not take
place on May 15, 1992, It is my understanding, from dis-
cussions with F.D.I.C. representatives, that there is still the
possibility of a. quick. closing with the parties who had the
contract, or back-up bidders on the property. I would expect
that any deals on the property that are capable of being
resurrected will come to fruition or finally be put to rest in
the next week to ten days.
If the -closing does not take place, the property will be
re-marketed with a listing price of approximately $3.4 million
dollars. It is my opinion that even in the event of a re-
marketing of the property, a negotiated sales price of $2-2.5
million dollars, depending on financing conditions, could still
be worked out.
I have spoken to Bob Dunn concerning this situation and,
although at this point in time because of the ownership
question, they are strongly leading towards the downtown site
as the only acceptable location they are willing to continue on
to execute the contract, which allows us an opportunity to
agree on either one of the two locations at a future date,
In addition, Mr, Dunn and I have reached an agreement on 1;he
indemnification language whereby L1ddun will indemnify the City
unless the damage was caused by the City's gross negligence or
willful misconduct.
As to the advertising issue, they are willin9 to 1nsert the
following language concerning television r19hts,
If Liddun is able to secure television coverage for
the tournament, Liddun shall ensure that any such
television coverage of the tournament shall
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CITY RTTORNEY'S OFFICE TEL No. 407 278 4755 Ma~ 22.92 15:45 P.03
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City Commisslon
May 22, 1992
Page 2
specifically mention the City as the host in the
opening of each and every broadcast.
In addition, Liddun shall use lts best efforts to ensure that a
minimum of ~O seconds of each and every broadcast is devoted to
a promotional presentation on the City of Delray Beach. It
shall be the City's ob11gation to provide the promotional
video.
If these changes are acceptable to the Commission and the
Commission's other concerns on financing have been satisfied,
it would be appropriate to entertain a formal vote on the
contract at your May 26, 1992 meet1ng~ It is my understanding
that the Manager will be giving you additional information
concerning the f.inanclal conunltments and obligations concerning
this project.
The final negotiations on the indemnification language were not
completed until 4:0q p.m. on 5/22/92, therefore, agreements are
not attached. However, full copies of the revised agreements
will be forwarded to the commissioners upon your request on
TueSday morning.
-- --..
Should you have any questions concerning this matter, please do
not hesrtate to contact our office.
JSKI8h
cc: David Harden, City Manager
Joseph Weldon, Director of Parks and Recreation
.
.
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'.
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ..<j;</
.-
SUBJECT: AGENDA ITEM # qc.... - MEETING OF MAY 26, 1992
APPROVAL OF GUARANTEE OF REPAYMENT/LINE OF CREDIT
AGREEMENTS -OLD SCHOOL SQUARE
DATE: May 22, 1992
This item is before you to approve a guarantee of repayment agreement
between the City and Community Redevelopment Agency and a Line of
Credit Agreement between the City and Old School Square, Inc, for
funding to renovate the Theater Arts Building,
At the December 3, 1991 regular meeting the Commission approved a
loan to Old School Square, Inc. in the amount of $435,000 for the
renovation of the Theater Arts Building, A condition of that
approval was that Old School Square obtain a commitment from the CRA
to guarantee the repayment of the loan to the City, That condition
has been met.
The guarantee of repayment agreement provides that the CRA will
guarantee the due and punctual payment of the indebtedness due the
City by Old School Square, up to $435,000 and any accrued interest,
Additionally, a separate agreement, between Old School Square and the
CRA provides that during the term of the agreements the CRA shall be
granted an ex-officio seat on the Old school Square Board of
Directors,
The Line of Credit Agreement establishes a $435,000 line of credit
for Old School Square to be used to fund the theater building
renovations, The terms of the agreement are for fifteen years at an
interest rate of 6,1%.
A detailed staff report is attached as backup material for these
items,
Recommend approval of the guarantee of repayment agreement with the
Community Redevelopment Agency and Line of Credit Agreement with Old
School Square, Inc,
~q~ - '1-Q
~otX- I~ cg CudJ ~ - ij-o
"
.
..
.
[ITY DF DELHAY BEA[H
CtTY ATTORNEY'S OFFICE ' ,\ i.,Z \y ,;1..\', ii. FI UI\IDA '.':~~
. .- wr~~_r'. D~r_c~ L~n_
(407) 243-7090
MEMORANDUM
Date: May 19, 1992
To: City Commission Assistant City Attorne~
From: David N, Tolces,
Subject: Line of Credit Agreement with Old School Square
At the December 3, 1991 Commission meeting, the Commission
approved funds in the amount of $435,000 to be made available
to Old School Square for the renovation of the Theatre Arts
Building, The Commission conditioned the approval of the
agreement on the ability of Old School Square to obtain a
commitment from the CRA to guarantee the repayment of the funds
to the City. Through the past five months the City, CRA, and
Old School Square have been negotiating the terms of the
agreements and preparing the necessary amendments to the CRA
plan.
The CRA Plan Amendment was also before you at this meeting,
The Plan Amendment authorizes the CRA to expend funds for this
project. With approval of the Plan Amendment, the City, CRA,
and Old School Square may now enter into the agreements
necessary to allow Old School Square to use the available
funds.
Prior to approving the Line of Credit Agreement, Commission
should take action on the guarantee of repayment between the
City and the CRA. This guarantee will insure that in the event
the CRA defaults in the payment of the line of credit, that the
CRA will become the party obligated to repay the line of
credit. A copy of the Guarantee Agreement is attached to the
Line of Credit Agreement as Exhibit "A". This office recom-
mends acceptance and approval of the Guarantee Agreement with
the CRA,
The second agreement for Commission action is the Line of
Credit Agreement with Old School Square, This agreement
establishes a $435,000 line of credit for Old School Square to
use to fund the theatre building renovations, The terms of the
..
.
City Commission
May 19, 1992
Page 2
agreement are for fifteen years at an interest rate of 6,1%,
The repayment schedule is attached as Exhibit "C" . Our office
recommends approval of the Line of Credit Agreement with Old
School Square.
rf you have questions regarding this item, please call,
DNT: sh
cc: Robert Barcinski, Assistant City Manager
Robert Federspiel, Esq,
Joe Gillie, Director, Old School Square
James A. Ballerano, Jr. , Esq,
Frances Bourque, Chairperson, Old School Square
Chris Brown, Director, CRA
.,
.
LINE OF CREDIT AGREEMENT
COME NOW the parties, CITY OF DELRAY BEACH, FLORIDA,
a Florida municipal corporation, hereinafter referred to as
"City", and OLD SCHOOL SQUARE, INC. , hereinafter referred to as
"Old School Square" on this day of , 1992,
and hereby agree that the City shall establish a line of credit
on behalf of Old School Square in the amount of Four Hundred
Thirty-Five Thousand Dollars ($435,000,00) hereinafter referred
to as "Line of Credit", upon the following terms and conditions
which are as follows:
-----
WIT N E SSE T H:
WHEREAS, City recognizes the importance of Old School
Square to the community, and the value that the Old School
Square adds to the quality of life for the residents of the
City of Delray Beach, Florida, and
WHEREAS, Old School Square has requested funds from
the City so that Old School Square may begin to renovate the
Old School Square theater arts building, and
WHEREAS, the City Commission of the City of Delray
Beach, Florida, by formal motion at its regular City Commission
meeting of December 3, 1991, approved funds in the amount of
Four Hundred Thirty-Five Thousand Dollars ($435,000,00) to be
made available to Old School Square, Inc. and set the terms
therefor,
NOW, THEREFORE, the parties agree as follows:
.
1- City agrees to make available upon the terms and
conditions set forth herein to Old School Square a Line of
Credit in an amount not to exceed Four Hundred Thirty-Five
Thousand Dollars ($435,000.00). Such Line of Credit amount
shall be subject to reduction as set forth in Section 4 hereof.
Old School Square recognizes that City has no obligation to
provide to Old School Square the Four Hundred Thirty-Five
Thousand Dollars ($435,000.00) until the sale and issuance of
the Utility Tax Revenue Refunding and Improvement Bonds Series,
1992. City does not, by execution of this Agreement, waive any
of the rights available to the City pursuant to the Florida
Constitution or Florida Statutes,
2, Furthermore, the parties agree that ens. City has
no obligation to provide the Line of Credit to Old School
Square until such time as Old School Square provides City with
a commitment from the City of Delray Beach Community Redevelop-
ment Association (hereinafter referred to as "CRA") for the
repayment amount stated in Paragraph 4 herein, in such form
approved by the Delray Beach City Commission. A copy of the
Guarantee is attached as Exhibit "A",
3, Old School Square shall use the Line of Credit
for the---- renovation of the Old School Square theater arts
building in order that the theater may be used for cultural
events, The renovations to the theater arts building shall
include the installation of all items indicated in Exhibit liB"
which will allow the theater arts building to be used for
cultural events (liThe Project"),
2
.
4, The amount of the Line of Credit shall be Four
Hundred Thirty-Five Thousand Dollars ($435,000.00) and shall
be granted pursuant to the following terms:
A. Following the execution and delivery of this agree-
ment and upon at least seven ( 7 ) days prior written notifi-
cation to the City that all conditions precedent have been met,
loans shall be made to Old School Square in a sum equal to the
cost to renovate the Old School Square Theatre Arts Building
pursuant to written requisitions in a form satisfactory to the
City. The first drawing and all subsequent drawings made under
the Line of Credit shall reduce the Line of Credit amount.
Notwithstanding the provisions of this Agreement, the first
principal payment made in accordance with Paragraph~hall not
reduce the line of credit available to Old School Square. The
Line of Credi t made available by the City is not a revolving
line of credit unless agreed to in writing by the City, Old
School Square must make all draws on this prior to February 1,
1994. On that date, the line of credit is withdrawn.
5, Within ninety (90) days after the end of each
calendar year during the term of this Line of Credit Agreement,
Old School Square shall deliver to the City a statement
prepared by a certified public accountant, cert~fying the gross
income of Old School Square for said year, and the cash flow
for said year.
6 . Old School Square shall repay the amount stated
in Paragraph 4, herein, according to the following:
3
,.
A. It is the intention that the principal of all loans
made by the City to Old School Square hereunder be amortized in
the amounts and at the times, with reference to the City's debt
service requirements of its $14,800,000 Utility Tax Revenue
Refunding and Improvement Bonds, Series 1992 (the "Bonds"), as
such principal amount of loans outstanding bears to the out-
standing principal amount of such Bonds. In that regard, the
outstanding balance of such loans until paid shall bear
interest at 6.1\, the all in Bond yield on the Bonds,
Principal and interest (at the rate set forth above) on the
total line of credit specified in Paragraph 4 of this Agreement
shall be payable by Old School Square on July 1, 1992, and each
quarter thereafter until the principal amount of all~ans made
hereunder have been paid in full. The Finance Director of the
City has calculated the debt service requirements applicable to
the Line of Credit made to Old School Square, and this attached
debt service requirements to this Agreement as Exhibit "C"
which is incorporated herein by reference. The amortization of
the loans made hereunder, as calculated by the Finance
Director, has been determined to achieve, as nearly as
possible, level debt service, Subject to the provisions of the
next succeeding sentence and - Section 6 hereof, Old School
Square shall be obligated to pay, not later than June 1, 2007,
the outstanding principal amount of all loans made under this
agreement, plus all accrued and unpaid interest to that date.
On July 1, 1992, and each quarter thereafter, Old School Square
shall pay to the City from the Pledged Revenues (as herein
4
.
defined) , the debt service on the loans made hereunder in the
amount set forth on the debt service schedule provided by the
City as aforesaid,
B. In addition to the above payments of principal and
interest on the loans, Old School Square shall pay a late
charge for any payment of principal and interest on each loan,
which is received later than the fifteenth day following its
due date, in an amount equal to 5% of such payment.
C. Old School Square is obligated to pay the principal
of and interest on the loans from any available unrestricted
revenues of Old School Square until all principal and interest
on the loans has been paid in accordance with the terms of this
agreement, Neither the faith and credit, nor the ~~ing power
of the State of Florida, the City, or Old School Square is
pledged to the payment of the principal of or interest on the
loans,
0, Old School Square may, at any time, upon not less
than 5 days prior written notice to the City, prepay, in whole
or in part, any loan made pursuant to this agreement, together
with the accrued interest on each loan to the date of such
prepayment. Old School Square may, at any time, upon not less
than 5 days written notice to the City, cancel the line of
credit,
E, The City may require that the Line of Credit be paid
off in full, or in part, if Old School Square has available
funding once improvements to the Theatre Arts Building are
completed, and prior to other improvements.
5
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7. Prior to the initial draw hereunder between the
City and Old School Square, each one of the following
conditions precedent shall first have been satisfied:
A, All governmentaL approvals and permits necessary for
the project shall have been obtained by Old School Square.
B, Old School Square shall furnish to the City a commit-
ment agreement in a form acceptable to the City, and executed
by the CRA stating that the CRA will agree to participate in
the repayment of the Line of Credit to the City. A copy of the
CRA Agreement to Guarantee Indebtedness is attached as Exhibit
"0".
C, Old School Square shall furnish insurance policies
with companies, forms, amounts and coverages satiSf-actory to
the City, insuring the building and project against loss or
damage by fire or other casualty, under the all-risk form of
coverage with extended coverage and for such other hazards as
the City may require, Said policies shall not be cancellable,
terminable or subject to amendment without thirty (30) days
written notice to the City,
8 . Old School Square agrees to allow the City, its
employees, and agents, upon reasonable prior notice, complete
access to all of its documents, books, and records of any kind
whatsoever. Inspection of documents, books, and records shall
be during business hours and at no expense to Old School
Square.
9 . City and its agents and employees shall at all
times during construction of the project have the right of
6
,.
entry and free access to the project and right to inspect all
work done, labor performed, and materials furnished in and
about the project. Any inspection of construction by the City
(or its agents) will be at the sole cost and risk of the City
(or its agents) , Further, such inspections will be performed
in a manner so as to not interfere with construction and in no
event shall any such activity violate insurance requirements or
safety rules and regulations.
10, City and Old School Square agree that this
agreement may not be amended in any material respect without
the prior approval of the City Commission of the City of Delray
Beach, Florida, -and the... Board of Directors of Old School
Square. ----
1l- If Old School Square shall at any time prior to
the completion of the renovation project abandon the same,
cease work thereupon for a period of sixty (60) days, except
for permitted delays or other delays beyond the reasonable
control of Old School Square, or fail to complete said project
in substantial compliance with the plans and specifications
therefor and all applicable statute, ordinances, codes, rules
and regulations of all authorities having jurisdiction and
within the period of time required herein, or if a material
default shall occur with respect to the terms and conditions of
any document executed and delivered by Old School Square
pursuant hereto, the City may, at its option, cancel the
remaining amount under the Line of Credit, or upon written
notice, request the CRA to cure such default within 30 days.
7
-
"
If default is not cured upon 30 days written notice to Old
School Square with a written explanation of the reason for the
notice, the City may, at its option, declare the entire unpaid
Line of Credit hereunder. to be due and payable immediately,
prohibit future drawings on the Line of Credit, and/or take
whatever other remedies are available under applicable law,
12. Events of Default, The following shall be
material defaults under the agreement, and the terms "material
default" or "default" shall mean, whenever they are used in
this agreement, anyone or more of the following events:
( a) Failure by Old School Square to pay when due any loan
__payment required to be paid under Section 6 hereof, ~ whiC;h..
failure shall continue for a period of twenty (20) ~secutive
days, taking into account any grace period provided to Old
School Square under this agreement;
(b) Failure by Old School Square to observe and perform
in any material way any covenant, condition or agreement on its
part to be observed or performed as set forth herein, other
than as referred to in Section 8, which failure shall continue
for a period of thirty (30) days after written notice
specifying such failure and requesting that it be remedied, is
given to Old School Square by the City, provided, however, that
if the failure be such that it can be corrected but not within
such 30 day period, then such event shall not be an event of
default if appropriate corrective action is instituted by Old
School Square within the 30 day period and diligently pursued
until the failure is corrected,
8
,.
13. Old School Square, for itself and its successors
and assigns, covenants, and agrees that during the terms of
this Line of Credit Agreement as follows:
A. Old School Square will not discriminate against any
employee or applicant for employment because of race, color,
religion, sex, handicap or national origin. Old School Square
will ensure that applicants are employed and that employees are
treated during employment without regard to race, color,
religion, sex, handicap or national origin. Such actions shall
include, but not be limited to the following, employment,
upgrade, demotion, transfer, recruitment, or recruitment
advertising, layo.t'~-~'-t;>C?r- termination, rates of pay, or other
---
forms of compensation and selection of training, including
apprenticeship. Old School Square agrees to post in
conspicuous places, available to employees and applicants for
employment, notices setting forth the provisions of this
non-discrimination clause.
B, Old School Square will in all solicitations of
advertisement for employees placed by or on its behalf, state
that all qualified applicants will receive consideration for
employment without regard to race, religion, color, sex,
handicap or national origin,
C. Old School Square will include the provisions of
Paragraphs A and B in every contract, and will require the
inclusion of these provisions in every subcontract entered into
by any of its contractors, so that such provisions will be
9
..
binding upon each such contractor or subcontractor, as the case
may be,
D. Discrimination as used herein shall be interpreted in
accordance with Florida and federal laws construed by court
decisions.
14. This agreement shall be binding upon, inure to
the benefit of, the permitted successors and assigns of the
parties hereto,
15. Any notice which any party hereto may desire may
be required to give any other parties shall be in writing, and
the mailing thereof by certified or equivalent mail, postage
.",,~~pepaid , return receipt requested to the respective addresses" -'.
----
of the parties set forth below, or to such other place as any
party hereto made by notice in writing designate for itself,
shall constitute service and notice hereunder two (2 ) business
days after the mailing thereof;
To City: City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, Florida 33444
To Old School Square: Old School Square, Inc.
51 N. Swinton Avenue
Delray Beach, Florida 33444
Any such notice may be served by personal delivery thereof to
the other party, which delivery shall constitute service of
notice hereunder on the date of such delivery.
16, This agreement, including any exhibits,
constitutes the entire agreement and understanding of the
parties, and supersedes all offers, negotiations, and other
10
agreements. There are no representations or understandings of
any kind not set forth herein. Any amendments to said agree-
ments must be in writing and executed by both parties.
IN WITNESS WHEREOF the parties hereto have executed
this agreement as of the date first above written.
WITNESSES OLD SCHOOL SQUARE, INC,
By:
CITY OF DELRAY BEACH, FLORIDA
ATTEST: By:
Thomas Lynch, Mayor
Ci ty ~l_erJ~_
Approved as to Form ---
and Legal Sufficiency:
City Attorney
11
'.
GUARANTEE OF REPAYMENT OF LINE OF CREDIT
BETWEEN THE CITY OF DELRAY BEACH AND
THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY
Guarantee made this day of , 19 _ by
the DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, (hereinafter
referred to as ("CRA"), to the CITY OF DELRAY BEACH, FLORIDA, a
Florida municipal corporation, hereinafter referred to as
("City").
WHEREAS, old School Square, I nc . , hereinafter referred to
as "Old School Square" , desires to obtain a line of credit in
the amount of Four Hundred Thirty-Five Thousand Dollars
,
($435,000) from City for the rehabilitation of the Cultural
Arts Center at Old School Square; and,
I --
! WHEREAS, City will establish the line of credit under the
terms set forth in the Line of Credit Agreement attached to
this Guarantee as Exhibit "A", provided that the CRA furnishes
security in the form of a guaranty of repayment of the line of
credit. In consideration of the City establishing a line of
credit for Old School Square, and for other good and valuable
consideration, the CRA agrees as follows:
Section 1. Statement of Guarantee. In consideration of
$1.00 paid by the City to the CRA and other good and valuable
consideration for which receipt is hereby acknowledged, as well
as for the purpose of inducing the City to lend to Old School
Square the sum of Four Hundred Thirty-Five Thousand Dollars
($435,000), the CRA hereby unconditionally guarantees to the
EXHIBIT "A"
City, its transferees, successors, or assigns of either this
Guarantee, the due and punctual payment of the indebtedness due
the City by Old School Square according to the terms of the
Line of Credit Agreement, payment to be made at such time or
times as such indebtedness becomes due in course as contained
in the Line of Credit Agreement,
Section 2. Liability of CRA. The maximum amount recover-
able from the CRA under this Guarantee is I imi ted to $435,000
and any accrued interest as stated in Section 6 of the Line of
Credit Agreement. The CRA's liability under this Guarantee
shall not be affected by the City's extension to Old School
Square of additional time for repayment of the line.of credit.
Any other modification of the attached Line of Credit Agree-
ment, unless made with the CRA's written consent, shall
exonera~ the CRA from all liability under this Guarantee.
Similarly, any other loan made or credit extended to Old School
Square by the City while any indebtedness on the line of credit
remains outstanding shall exonerate the CRA from all liability
under this Guarantee unless the CRA's prior written consent to
such other loan or extension of credit has been obtained.
Section 3. Riqhts of the City. In the event Old School
Square shall be in default in the payment of any portion of the
line of credit, the payment of which is hereby guaranteed, CRA
shall immediately, upon thirty (30) days written demand by the
City, pay to the City the full amount of current payments then
owed to the City which have been defaulted on, and such
2
"
obligations shall become the direct and primary obligation of
the CRA.
Section 4, Duration of Guarantee. This Guarantee shall
remain in effect until the entire obligation with respect to
the Line of Credit Agreement guaranteed hereunder is fully
discharged,
Section 5, Notice. Any notice which any party hereto may
desire to be required to give to any other parties shall be in
writing, and the mailing thereof by certified or equivalent
mail, postage prepaid, return receipt requested to the
respective addresses of the parties set forth below, or to such
other places any party hereto made by notice in writing
designate for itself, shall constitute service and notice
hereunder two (2) business days after the mailing thereof:
---Office of the City Manager
100 N,W, 1st Avenue
Delray Beach, Florida 33444
Executive Director of the
Community Redevelopment Agency
One S,E. 4th Avenue, Suite 204
Delray Beach, Florida 33483
With a Copy to:
Robert W. Federspiel
501 East Atlantic Avenue
Delray Beach, Florida 33483
Any such notice may be served by personal delivery thereof to
the other party, which delivery shall constitute service of
notice hereunder on the date of such delivery.
Section 6. Entire Aqreement. This Agreement, including
any exhibits, constitutes the entire agreement and
3
understanding of the parties, and supersedes all offers,
negotiations, and other agreements. There are no representa-
tions or understandings of any kind not set forth herein. Any
amendments to said agreement must be in writing and executed by
both parties.
This Agreement shall be binding upon, inure to the benefit
of, the permitted successors and assigns of the parties hereto.
IN WITNESS WHEREOF, the parties hereto have executed this
agreement as of the date first above written.
WITNESSES: COMMUNITY REDEVELOPMENT AGENCY,
INC.
By:
(Print or Type Name)
(Print or Type Name)
--
CITY OF DELRAY BEACH, FLORIDA
By:
ATTEST: Thomas Lynch, Mayor
City Clerk
Approved as to Form:
City Attorney
4
'f
EXHIBIT "B"
GENERAL DESCRIPTION OF CONSTRUCTION IMPROVEMENTS
Partial interior renovation of the historical 1926 Delray Beach
High School, including lobby, ticket booth, gallery, auditorium
seating, restrooms, mechanical, electrical rooms, and
auditorium stage will be expanded for use as a performing arts
theatre with theatre lighting, sound, and rigging equipment,
New building addition consists of dressing rooms, crossover
corridor, and support facilities, all as further described in
drawing prepared by Currie Schneider Associates, Project
Architect.
~
EXHIBIT "e"
SlTY DF DELRAY BEACH
DLD SCHOOL SQUARE LeAN
LDAN AMDUNT: 435. (1)1}. 00
===============================================================================================================
Period Date inI:2resr: Pr U1C i Gal PaVi!!E!r,t Outstandii"iq 1"'.....- 6. : ~);:
r,ol.~
B~lance Lean ~iIOLr~t 13:, . ;~~(; ::: P;YrENT
, -~". l;;; ...,__
j == j,. J. '_'I ".' ,.' ... = L,t..:...
---------------------------------.------------------------------------------------------------------------------
435.0CO.00
!)3/01/1'Z ~ ~f f t"!r 1.413.':f9 3.,:~5.24 4.~3,~,~6.Gt
;..,i.iJ,..~"';
'"',.'_ ,",4,.,t"'i 2.203.96 1. m . 28 3,645.24 432.124.73
L L'''!/ ..' J.; 1';;'
.... 05/01/92 i\ 196.63 1. 448. 61 3\645.24 430,676.12
4 Ob/Ol/Q2 2.189.27 1.455.97 3,M5.24 429,220.15
c 07/C1/92 2,181.87 1.463.37 3.645.24 427,756.78 18.226.20
j
". ,-.,:" ,,',. .';,,"= 2\174.4,3 11\470.81 3t645.24 42S.285,97
'."::1; '.' l' i'::
"1 09/01/92 2,166.95 1 , 478.29 3\645.24 42'.807.69
10/01/92 'i .;n. J! 1.~B5.80 3.645.24 423,321.89 c __0, noore "'.-,
. ,,~t..:"...,"!' ~ '.'. 7-_ _'. i i.
'i lil(rl/92 2.151.89 1.493.15 3,6451024 421 ~828. 53
10 mOU92 2\144.30 1,500.94 3,045.24 420,327.59
11 01101/93 2 ~ I 36 . 67 1.509.57 3.645.24 41B,819,;)1 10,035.72
12 G2!(;li93 2.m.G() 1.516.24 3,645.24 417.3:)2.77
1. '_~ 03J01/93 2,121.29 1.523.95 3,645.24 415,778.82
:4 04!;j!l93 2,113.54 1.531. 70 3,645.24 414.247.12 10.935.72
15 05/01193 2\ 105.76 1\539.48 3,645.24 412.707.64
'i 06/(:1/93 2.097.93 1,547.31 3\645.24 411,160.33
lQ
17 07/01/93 2,090.07 1.555...17 3,645.24 409,605.15 10~9:5.72
18 08/01!93 2\032.16 1.563.08 3\645.24 408,042.07
19 09101193 ~21 1.571.03 3\645.24 406\471.05
LU 10/01193 2,066.23 1,579.01 3.645.24 4(:4,892.03 1\~.935. 72
-, . 1lI0!i93 2,G58.20 1~5B7..l)4 3,645.24 403.3G5.00
.:.i
"',., 12/01/93 Z,!050.13 1.595.11 3.645.24 401. 709.89
,,.
23 01101194 2.042.03 1,603.21 3\M5.24 400.106.67 10.935.72
".' 02jOll~'4 2.033.88 1,611.36 3,645.24 39B~495.31
i."'t
.,~ 03/01i94 2\025.68 1,619.56 3,045.24 396,875.75
i...J
26 04/01i94 2,017.45 1,627,79 3,645.24 395,247.97 10.935.72
'H 05/01/94 :\009.18 1,636.06 3.645.24 393,611. 90
41
28 06J01/94 2,000.86 1 \644. 3B 3\015.24 391. 967. 52
29 07/01/94 1,992.5C 1,652,74 3.645.24 390,314.79 1Ol!735.72
30 08/01194 1,9B4.10 1,661,14 3,045.24 388,653.65
31 09/01/94 1,975.b6 1.669.58 3,645.24 386,934.00
...., 10/01194 1.967.17 1.678.07 3,645.24 385,305.99 10.935.72
,'/.
.) j 1lI0l!94 t\958.64 1.68b.60 3,645.24 383.6[9.39
... 12/01/94 1.950.07 1,695.17 3\645.24 381. 924. 22
"''1
..c; '1 ~ ,,-. ~ . ,,",I:' 1.941.45 1,703.79 3,645.24 J80~22C.42 10.935.72
_':J iJ II')L 11..J
36 02/01/95 L 9:2. 79 1.712.45 3.645.24 378,5(>7.97
,. , D3!01i95 1,924. ;)3 1,721.16 3,b45.24 37b.7B6.Bt
38 04/01/95 1.915.33 1 . 729. 91 3.645.24 375,056.91 10.935.72
3'1 05/01.195 1 \ 906.54 1,738.70 3,645.24 373.31B.20
40 ()6/C1/95 1.897.70 1.747.54 3,645.24 371,570. t,7
41 07/01195 L8a8.82 1.756.42 3\045.24 369,814.24 10.935.72
42 08/01/95 1.879.89 1,765.35 3.645.24 368.048.89
43 09/01/95 1~B7G.12 11\ 774.32 3,645.24 366\274.57
44 10/01/95 1,861. 90 l,783.34 3.645.24 364,491.22 ~ ,0\ norc: "'''',
1'.} .1,,;...1. i:"
~5 11/01/95 1.852.83 1,792.41 3.645.24 362.698.81
46 12/011"5 1.843.72 1 ,30L 52 3.645.24 360,897.29
47 01/01/96 t.834..56 1.810.68 3.645.24 359. .)86. 61 lG.Q35,72
"
CITY OF DELRAY BEACH
OLD SCHOOL SQUARE LOAh
LOAf' A~GurH: 435, GOO. ;jC
~=============~=:=:=========================================:=============~======================:=============
PE'r i ad Date I.iterest Princioal PaYlent Outstanding ?a.te t ,~,..
~. l'.'_"o
&=iaoce LJar; A:;-lD.,:;!t .!.?5. :::;:::-! F~'{MEUT
: Er ,7~ ,~ -:0'"
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--------------------------------------..-------------------------------------------------------------------.._---
48 02/:::1/96 1.825.36 1,819.88 3,645.24 ~r:~ -'"'," ...~
'::,.Ii. .::.tt....~,
.. ;~3/01/9.~ 1.816.! 1 1.829, ~.3 3.645.24 ,355. 4}? .60
Cr'. ;::4/01/96 1. 8Gb. 8 ! 1,838.43 3.645.24 ~r:~ r:""l.... +! ,_'. - -1"'" --
,!! ";'.j";:. .'11..i.O ~ .'. : --:..:. ! -
". 05/01/96 [,797.46 1,847.78 3.645.24 351 ,is!. 39
Jl
52 06/01/96 1.788.07 l,aS7.17 3,645.24 349,894.22
53 07/0li% 1,778.63 1,866,61 3,645.24 348.027.61 ~ ':~. ~35. ~i'
54 G8 / (:! ./ 96 1.769.14 1.876.10 3,645.24 34t.151.5!
55 09/01196 1.759.60 1~8S5.64 3,645.24 344.265.37
:: !O/O!/96 1.75(:.02 t~995.22 3.645.24 342.37(:.6: 0', ,-.,-!:, ~1"'",
~ ';. -r .,; _' . _
57 11/01/96 1,740.38 1 ,904. a,s 3,645.24 340.465.79
58 12/0l!96 1,730.70 1,914.54 3,645.24 338,551. 25
59 01/01197 1,720.97 1,924.27 3,645.24 336,626.98 ~(j q~= :':
-.. "-'-"-
6G 02/01i97 1.711.19 1,934.05 3,645.24 334,692. ';;3
61 03/01/97 1,701. 36 1,943,8a 3,645.24 .332.749.04
62 04/01197 1,691,47 1,953.77 3,645.24 330,795.28 10.935.72
63 05/01197 1 ,681.54 1,963.70 3,645,24 328! 831. 58
64 06/011'97 1.671.56 1 ,973. 6B 3,645,24 326,857.90
,S5 07/01/97 1,661.53 1,983,71 3,645.24 324,874.19 10~93:.72
66 08/01/97 1,651.44 1,993.80 3,645.24 322,880.39
.S 7 09/01/97 ~31 2,003.93 3,645.24 320,876.46
6B 10/01/97 1,631.12 2,014.12 3,645.24 31B.B62.34 10c9~J. 72
69 1~/Ol/97 1,620.88 2,024.36 3,645.24 316,837.119
70 12/(;1/97 1 ,610 . 59 2,034.65 3,645.24 314,803,34
7' 01101/98 L600.25 2,044,99 3,645.24 312,755.35 f', ,-:rC' ;0';
.. i. i i). --:. ,'::.1. :' ::..
72 (12/01/98 t,539.85 2,055.39 3,645.24 310,702.9:
73 03/01198 1 , 579 . 41 2,065,83 3,645.24 308,637.13
74 04/01i9B 1.56B.91 2,076.33 3,645.24 306.560.BO 10.9)5.7i
75 05/01!Q8 1~55e.35 2~Oa6.e9 3,645.24 ))4,473.91
76 06/11I9B 1.547.74 2,097.50 3.645.24 3;)2.376.41
77 07/(dl'fS 1~537.08 2,108.16 3,645.24 3GO,268.:5 ~ :-, .- -= ~,-,
i '.'. '7 ";".1.. j .::
78 08/01/98 1.526.36 2, 118.B8 3,645.24 298,149.37
79 09/01!~a 1,515.59 2,129.65 3,645.24 296,019.73
80 1 (I /(i 1i98 1 , 504. 77 2.140.47 3,645,24 293,E71f.25 .,', ;;7r ~'"
it.'..'T.)>-i. :..:.
fit l!IOl198 1,493.89 2,151,35 .3,645.24 291.727. ;'0
oJ to
82 12/01/98 1.482.95 2,162.29 3.645.24 289,565.61
n., )1101199 1.471.96 2,173.28 3,645.24 237.392.33 10.:;:35.72
'J.~l
84 02/01199 1,460.91 2,184.33 3,645,24 285.208.00
as .j3!01/99 1,449.81 2,195.43 3,645,24 283,012.57
86 04/(jll99 1,438.65 2,206.59 3,645.24 280,8(15.97 1(:.935.72
87 05/01199 1,427.43 2,217.81 3,045.24 278.588.17
88 00101/99 1,416.16 2,229.08 3.645.24 27 b , 3:'~' . 08
B9 07101199 1,404.83 2,240.41 3,645.24 274,118.0 10.~35.72
90 08/01199 1,393.44 2,251.80 3,645.24 271,866.36
91 09/01199 1,381.91 2,26J.25 3,645.24 269,603.61
92 10/01i99 1.370.49 2,274.75 3,645.24 2b7~328.86 101\935.72
,- ~ 1-! ~,: ! i ~'9 : ..35f. 92 2,286.32 ..., 'JC' .../! :65.f'42.5~
,j,,!J't..i. ~'"t
7"1 12/01/99 1..347.30 2,297.94 3,645.24 ,..,;..: "T;'I il L"-
40L~/"'!"fII..'V
'12 ("l/;)l/DO 1~335.62 2.109.62 3.645.24 :60.434.98 10.935.72
C:TY OF DELRAY PEACH
OLD SCHDDL 5QUA;E LQAN
L OAr4 AMGU~~T: ..!"'~ ,-,!',.... ,"",..
"t.J...;, '..Ii)'..... ;)'.'
======================:===============~==============:====:===========~========================================
PE'riod DatE' Interest Princioal Paye;2nt Dutstanuif;~ Rate 6.W!'
cd-lanCE Lean Amc.mt 435. cue! PAY~E~H
~ Ef ,7: : 5.:3 1T 5 DLT
---------------------------------------------------------------------------------------------------------------
96 02/01/00 1~323.S8 2 ~ .32! , 3t. 3~645.24 258.113.62
97 1)3/01/;')0 t~312.G8 .-, ~~~ t; ~, I ~ ~,~ 2S5~ 78(;~4.:
~. .,j.~,.~.. 1Q .;. o"t...;.. L"':"
~'8 04/01/00 1 , 30(~. 22 2.345.02 3.645.24 ~,:=-:r .,~C' A 7' lG,Q35.72
L._l"';' . "t,~;_;. 't.~,
99 05/01/00 1,2B8.30 :.356.94 3.645.24 251! 078. 49
100 06/01/00 1,276.32 2.368.92 3,645.24 248.709 I 5,~
101 07/01100 i. 264, 27 2,380.97 3.645.24 246.328.60 10.935.72
102 08/01100 1.15:. 17 i 139.3,07 3..j45.24 243,935.53
103 09101/00 t,240.01 2~4051l23 .3~64:,. 24 241 ~5.3(:~29
104 10/01/00 t '1"".,1 in 2~417.4b 3.645.24 239.112.B3 10.935.72
.l..~LI . f c,
105 11/01/00 1,215.49 2.429.75 3,645.24 236.683.08
lOb 12/0liOO 1,203.14 2,442.10 3,645.24 234.240.98
107 01101101 1,190.72 2.454.52 3.645.24 23L 786. 47 10.935.72
lOa 02/01101 1 ~ 1 is. 25 2.466.'19 3.645.24 229~31i.47
109 03/01/01 1,165.71 2.479.53 .J~6451l24 226,839.94
110 04/01/01 1,153.10 2,492.14 3,645.24 224.347.80 10.935.72
111 05/01/01 1,140.43 2,504.81 3,645.24 221. 843. {)O
112 Ob/OllOl 1,127.70 2.517.54 3.645.24 219,325.46
113 07/01101 1,114.90 2,530.34 3,645.24 216.795.13 10!935.72
114 Oa/OI/Ol 1,102.04 2.543.20 3.645.24 214,251.93
115 09/01101 ~li 2,556.13 3,645.24 211,695.80
116 10/01/01 1,076.12 2,569.12 3,645.24 209,126.68 10.935.72
117 11/01/01 1~f)63.06 2,582.18 3,645.24 2GS~544.50
118 12/01/01 1,049.93 2.595.31 3,645.24 :O3!94~',20
119 01/01102 1 ,lJ36. 74 2,608.50 3,645.24 201.340.70 10.135.72
120 02/0li02 1,023.48 2,621. 76 3.645.24 198.718.94
121 03/01102 1,010.15 2,635.09 3,645.24 196,f)S3,85
122 04/01/02 996.76 2,648.48 3,645.24 193.435.37 10.935.72
123 05/01/02 983.30 2,661. 94 3,645.24 19(i~773.43
124 06101102 969.7b 2,675.48 3,645.24 188.1)''1. ,,~
125 07/01102 956.16 2,689.08 3,645.2~ 185,L08.88 10.935.72
126 08/01/02 942.50 2,702.74 3,645.24 182,706.14
127 09/01/02 928.76 2,716.48 3,645.24 17'1:989.65
128 08/22/03 914.95 2.730.29 3,645.24 177,259.36 10.935.72
129 11/0li02 901. 07 2.744.17 3,645.24 174.515.19
130 12/01/02 887.12 2,758.12 3,645.24 171,757.07
131 01101103 873.10 2,772.14 3,645.24 168.984,93 10.935.72
132 02/01103 859.01 2,786.23 3,645.24 166,196.t.9
133 03/01103 344.84 2,800.40 3,645.24 163 ~ .398.30
134 04/01/03 830.61 2.814.63 3.645.24 160.583.66 1011935.72
135 05/01103 81&.30 2,828.94 3,645.24 157~754.72
136 06/01103 301. 92 2,843.32 3,645,24 154~911,4G
137 01/Oli03 787.47 2.857.77 3,645.24 152.053.6.3 10.935.72
138 08/01103 772. 94 2.872.30 3,645.24 149.181. 33
139 09/01/03 758.34 2.88b.90 3,645.24 146 I 294.43
140 10/01103 743.66 2, 90 1. 58 3,645.24 143.392. B.~ 10.935.72
141 ltIOl t03 728.91 2.916.33 3.645.24 140.m..52
142 12/01/03 714.09 2/131.15 3,645.24 137,545.37
143 Cl/Ol/(;4 699.19 2,946.05 3,645.24 134,59S'.32 10.935.72
.,
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158 04/01/05 466.38 ~ . -r,i 1:. :..:~:.:1 - lG~935. 72
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160 ;)biOl!05 433.98 3.21L2c> '":' ',~ r-,:4 .-. -. ." ~.-'
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162 08/01/05 401.25 3.243.99 .,. ,"e -l! ;:. ~.q(,. 27
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165 11/01/05 1C:t c~ 1 .-....... .... - - - ~ '-,t: - '."
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170 04J01!Ob 266.9i: 3.378.28 7 .'.t c" "" 4~'. :.37. b(: h. 935. 72
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--------------------------------------- -----------
--------------------------------------- -----------
EXHIBIT "D"
AGREE,...ENT TO GUARANTEE INDEBTEDNESS
THIS AGREEMENT TO GUARANTEE INDEBTEDNESS is made thi~ day 01-
, 1992, by and between the COMMUNITY REDEVELOPMENT AGENCY OF
THE CITY OF DELRAY BEACH, hereinafter referred to as the "CRA, " and OLD
SCHOOL SQUARE, INC., hereinafter referred to as "OLD SCHOOL SQUARE."
_&f.~
-,11-. ~ _
WIT N E SSE T HI
WHEREAS, the OLD SCHOOL SQUARE has entered into that certain line of
credit agreement (the "Line of Credit Agreement") with the City of Delray
Beach, Florida, dated which agreement provides a
loan, (the "Loan"), from the City of Delray Beach, Florida to OLD SCHOOl
SQUARE in the principal amount of Four Hundred Thirty-Five Thousand
Dollars ($435,000.00); and
!
j WHEREAS, a condition of the funding and disbursement of the loan
j amount under the Line of Credit Agreement is the obtaining by OLD SCHOOL
,
I -----
-..
sQUAF~ of an agreement from the CRA to provide a ~~aran~ee for the
repayment of the sums due under the Line of Credit Agreement; and
WHEREAS, OLD SCHOOL SQUARE and the eRA are desirous of entering
into this agreement whereby they shall set forth their respective rights
and obligations with respect to the CRA's delivering the requested
guarantee to the City of Delray Beach pursuant to the terms and conditions
hereinafter set forth.
NOW, THEREFORE, in consideration of the mutual covenants and
promises herein contained the adequacy of which is acknowledged by the
parties, the parties hereby agree as follows I
1. Upon OLD SCHOOL SQUARE executing and delivering to the
Me,rch 30, 1992
1
'I
city of Delray Beach that certain Line of Credit Aqreement as set forth in
Exhibit "A" attached hereto and made a part hereof (the "Line of Credit
Aqreement"), the CRA aqrees, subject to the provisions and covenants
hereinafter set forth in this Aqreement, which such provisions and
covenants shall survive the closinq, to execute and deliver to the City of
~"'Y.""!' Delray Beach, a Guarantee of the Line of Credit Aqreernent purs:u~"n't to the
form attached hereto as Exhibit "B," (the "Guarantee") . OLD SCHOOL SQUARE
covenants and aqrees to set aside and utilize for the sole purpose of
makinq payments to the City of Delray Beach, required under the Line of
Credit Aqreement, any interest earned on the deposit of the proceeds of
the loan made to OLD SCHOOL SQUARE as hereinabove described.
j 2 . OLD SCHOOL SQUARE hereby aqrees that in consideration
j
I of the CRA executinq and deliverinq the above referred to Guarantee to t'
I
1
I City of Delray Beach that in the event the CRA shall be called upon by the
:~ City Of-- Delray Beach to perform any obliqations pursuant to said
----.
! Guarantee, the performance of said Guarantee by the CRA shall qive rise to
i
an indebtedness from OLD SCHOOL SQUARE to the CRA in an amount equal to
: such sums as CRA be called upon to pay to the city pursuant to the
'1 Guarantee, as well as all attorney fees and Court costs incurred by the
CRA with respect thereto. 'rhe said indebtedness created thereby shall be
immediately due and payable by OLD SCHOOL SQUARE to CRA and the CRA shall
reserve the riqht to direct the timinq and method of the repayment of said
sum by OLD SCHOOL SQUARE without waivinq any riqhts which the eRA may
possess by reason of said indebtedness beinq a demand obliqation. Further,
OLD SCHOOL SQUARE aqrees to indemnify, save, and hold the CRA harmless to
the fullest extent for any costs, damaqes, or other expenses of whatev(
March 30, 1992
2
nature including attorney fees and Court costs (through and including thE
appellate level) arising out of the CRA's making the Guarantee anc
performing thereunder. During any such time as OLD SCHOOL SQUARE shall be
indebted to the CRA pursuant to the provisions above by reason of the CRA
having to have performed under the Guarantee, OLD SCHOOL SQUARE shall be
prohibited from eXP'"ending any funds not provided for in the budget of OLD
SCHOOL SQUARE, other than donations received by OLD SCHOOL SQUARE which
are restricted for designated purposes by the donor. In addition, CRA may
nominate any person, including but not limited to a commissioner of the eRA
to a vacant position of OLD SC HOOL SQUARE. The nominee shall be
considered as a potentiAl Board Member of OLD SCHOOL SQUARE on the same
terms and conditions any other nominee. OLD SCHOOL SQUARE shall notify
CRA at least thirty dAYS (30) prior to filling any vacant position.
~ 3. During the term that the Guarantee shall remain
I
I outsta1'Id.inq, OLD SCHOOL SQUARE covenants as follows I
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A. A designee of the CRA shall be granted an exofficio
seat on the OLD SCHOOL SQUARE Board of Directors. OLD SCHOOL SQUARE
shall provide the said Board Member notice of all meetings to be held by the
Board of Directors of OLD SCHOOL SQUARE and said member shall have full
and complete access to all books, records and information relative to OLD
SCHOOL SQUARE business affairs.
B. OLD SCHOOL SQUARE shall on or before June 1 of each
calendar year appear before the CRA at a regularly scheduled meeting and
state OLD SCHOOL SQUARE'S intentions with regard to the next fiscal year's
budget of OLD SCHOOL SQUARE and in particular the need, if any, of the CRA' s
funding of the principal payments and debt service required by the Line of
March 30, 1992
3
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Credit Agreement. OLD SCHOOL SQUARE shall provide a copy of their
proposed budget for the forthcoming year prior to such meetinq.
C. Within Ninety Days (90) after the end of each
calendar year durinq the term of the Guarantee, OLD SCHOOL SQUARE shall
deliver to the CRA reviewed financial statements prepared in accordance
- with a qenerally accepted accounting principa1s'for the precedinq fisca
year.
4. '!Ihis aqreement shall be bindinq upon, inure to the benefit
of, the permitted successors and assiqns of the parties hereto.
5. Any notice which any party hereto may desire may be
required to give any other parties shall be in writinq, and the mailin~
thereof by certified or equivalent mail, postage prepaid, return receipt
i requested to the respective addresses of the parties set forth below, c
l
;1 to such other place as any party hereto made by notice in writing designate
I
.1 for it~lf, shall constitute service and notice hereunder two (2) businese
II ---
days after the mailing thereof I
March 30, 1992
4
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Old School Square, Inc.
51 N. Swinton Avenue
Delray Beach, FL 33444
Executive Director of the
COIMluni ty Redevelopment Aqency
One S.E. 4th Avenue, Suite 204
Delray Beach, FL 33483
With a Copy tOI
Robert W. Federspiel
501 East Atlantic Avenue
Delray Beach, FL 33483
Any such notice may be served by personal delivery thereof to the other
party, which delivery shall constitute service of notice hereunder on the
date of such delivery.
6. In connection with any litiqation arisinq out of this
Aqreement or the covenants and warranties contained herein, the
prevailing party--shall be entitled to recover its reasonable attorneys'
II fees a~osts.
--
7. ~his Agreement, including any exhibits, constitutes the
entire agreement and understandinq of the parties, and supersedes all
offers, negotiations, and other agreements. ~here are no representations
or understandinqs of any kind not set forth herein. Any amendments to said
aqreements must be in writing and executed by both parties.
IN WITNESS WHEREOF, the parties hereto ha.ve executed this a.qreement
as of the date first above written.
WI~NESSESI OLD SCHOOL SQUARE, INC.
By' I
WI~NESSESI COMMUNITY REDEVELOPMENT
AGENCY, INC.
March 30, 1992
5
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By.
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I
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I
March 30, 1992
6
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER [iJ7v1
SUBJECT: AGENDA ITEM # ~D - MEETING OF MAY 26. 1992
TEMPORARY CLOSURE OF PALM SOUARE
DATE: May 22, 1992
At the March 11, 1992 regular meeting the Commission approved a staff
recommendation to initiate a trial closing of Palm Square.
Subsequently, at the March 24, 1992 regular meeting the Commission
directed that a trial closing of Palm Square not be pursued; but that
a baseline traffic analysis be performed, followed by review and
recommendation by the Planning and Zoning Board.
The baseline traffic analysis has been performed. The Planning and
Zoning Board at their May 18th meeting recommended that the City no
longer pursue alternative traffic options as they pertain to Palm
Square.
Additionally, we have received a letter from the Palm Square - Marine
Way Homeowners Association requesting that the Commission not reverse
their decision. A copy of which is attached as backup material for
this item.
Recommend consideration of a Planning and Zoning Board recommendation
with regard to the trial closing of Palm Square.
C6n~ - Corvcw7 0/ fJo/-'2 ~dc.ltOn
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: ~VID T. HARDEN, CITY MANAGER
THRU: 0J&M Jv~~~)Bi~
DEPARTMENT OF PLANNING AND ZONING
FROM: GREG LUTTRELL, TRAFFIC ENGINEER~
SUBJECT: MEETING OF MAY 26, 1992
CONSIDERATION OF ALTERNATIVE TRAFFIC STUDY OPTIONS
INVOLVING A POSSIBLE CLOSURE (OR PARTIAL CLOSURE) OF PALM
SQUARE SOUTH OF EAST ATLANTIC AVENUE
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
review and direction regarding further pursuit of alternative
traffic options relative to the possible closure of Palm Square
south of East Atlantic Avenue,
BACKGROUND:
On March 11, 1992, the City Commission, at its regular meeting,
approved a staff recommendation to initiate a trial closing of Palm
Square. On March 24, 1992, at the next regular City Commission
meeting, the Commission directed that a trial closing of Palm Square
not be pursued at that time; but, that a baseline traffic analysis
be performed and a recommendation be made to the Planning and Zoning
Board relative to Palm Square. The Planning and Zoning Board was to
review the baseline traffic report and made a recommendation to the
City Commission,
The baseline traffic analysis has been performed and is attached as
a reference. This item was presented to the Planning and Zoning
Board at their May 11, 1992, workshop,
PLANNING AND ZONING BOARD CONSIDERATION:
At the may 18, 1992, Planning and Zoning Board meeting a motion was
approved (6-0) that the City Commission no longer pursue alternative
traffic options as they pertain to Palm Square,
..
-.
city Commission Documentation
Consideration of Alternative Traffic Study Options Involving a
Possible Closure (or Partial Closure) of Palm Square
Page 2
RECOMMENDED ACTION:
Receive the staff report containing the staff analysis of traffic on
Palm Square and concur with the recommendation of the Planning and
Zoning Board to no longer pursue alternative traffic options as they
pertain to Palm Square,
Attachment:
Planning and Zoning Department Memorandum
GL/#4/CORRIDOR
"
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PLANNING AND ZONING DEPARTMENT MEMORANDUM
TO: QNING AND ZONING BOARD
THRU: V~~<S>'~R
OF PLANNING AND ZONING
FROM: GREG LUTTRELL ~
TRAFFIC ENGINEER
RE: REGULAR MEETING OF MAY 18, 1992
INCREASED TRAFFIC LEVELS ON PALM SQUARE
I T E M B E FOR E THE BOA R D:
The item before the Planning and Zoning Board is that of making
a recommendation to the City Commission regarding pursuit of a
"trial period" involving a possible temporary closure (or
partial closure) of Palm Square (street) south of Atlantic
Avenue.
B A C K G R 0 U N D:
During the review of various development requests over the past two
years (Stillwater Cruiseboat, Brandy's Waterside Cafe, and the Patio
Shoppes), concerns about the impact of an increase of traffic upon
the character of the Marina Historic District have been aired. At
the City Commission level, there were varying opinions about the
impacts, and some direction was given to view alternative ways in
which perceived traffic problems could be overcome. These
alternatives included:
a) total closure of Palm Square
b) partial closure of Palm Square
c) a relief access to SE 7th Avenue
d) removal of left turn restrictions at the intersection of
Palm Square and Atlantic Avenue
e) appropriate combinations of the above.
On March 11, 1992, the City Commission received a staff suggestion
that a "trial periodll of street closure be conducted. Prior to
implementation, the City Commission reconsidered the subject and
directed that consideration of such a trial period be preceded by
(a) the gathering of data so that a base line was established; and,
(b) review, by the Planning and Zoning Board, of proceeding with a
IItrail period" for street closure.
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. P&Z Staff Report
Increased Traffic Levels On Palm Square
Page 2
Subsequent to that time" approval has been granted to the Patio
Shoppes site plan without restrictions as to access, nor with
provisions for obtaining easements or site plan modifications which
would accommodate turn around areas. Also, State Department of
Transportation imposed left turn restrictions at the Palm
Square/East Atlantic Avenue intersection have been removed for a one
year observation period.
The bulk of this report presents a listing of issues/concerns
relating to the continuing increase of traffic levels projected to
occur on Palm Square and throughout the Marina Historic District.
Palm Square is a street which lies between East Atlantic Avenue and
S.E. 1st Street~one block west of the Intracoastal Waterway.
T R A F F I C CON C ERN S:
Residents:
Over the past year, three development proposals have been acted upon
which had direct impacts on the traffic patterns in the Palm Square
area. During the City reviews of Brandy's Waterside Cafe,
Stillwater Cruises, and the Patio Shoppes, some residents have
consistently expressed strong concerns over increased traffic
levels.
The following is a listing of concerns as expressed in attached
items of correspondence from residents and others interested in this
matter:
DATE PERSON I GROUP ISSUES I CONCERNS
5-14-92 PQMWHO Association Requesting trial period
(Palm Square-Marine Way Homeowners Association)
3-22-92 PQMWHO Association Requesting trial period and
responding to letters from others
3-13-92 Patio Shoppes, Burton Opposition to the use of his site
Handelsman for any turn around facilities
2-17-92 PQMWHO Association Access to 7th Avenue
1-10-92 Richard Raab et al Seeking removal of left turn
restrictions
The following is a listing of other items of correspondence which
are not attached but are available for viewing in this project's
file.
4-15-92 Marie Hall Preservation of historic area
4-13-92 Dr. C. R. Roberts Request for the trial period
The citizen concerns, as expressed in the above referenced
correspondence, are summarized below.
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P&Z Staff Report
Increased Traffic Levels On Palm Square
Page 3
1. Development will increase traffic in the Marina Way
Historic District negatively impacting residential life.
2. Increased levels of "commercial" traffic will disturb the
historic nature of the area,
3. Development traffic includes large numbers of trucks.
4, Development traffic will include speeders and late night
traffic.
5, Children use the street to congregate and play, and
increased "commercial" traffic is dangerous.
Traffic Enqineerinq:
Any change in traffic patterns has the potential for both negative
and positive impacts, These impacts can include increased traffic
through a neighborhood, vehicle speeding, a resulting increase in
traffic accidents, and other impacts. In this particular situation
however, a result of area development patterns is increasing traffic
activity, Three specific areas of change in traffic patterns are
examined relative to the Marina Way Historic District and
specifically Palm Square,
1. Development Traffic - Brandy's Waterside Cafe represents
the re-use of a previous restaurant site as well as an
increase in use area. This development increased traffic
activity on Palm Square, The proposed Patio Shoppes
development is projected to add approximately 864 daily
trips to Palm Square. While other downtown development
can increase traffic on Palm Square, these two specific
developments directly add traffic to this street,
2. Traffic Capacity - Roadway operations are measured by a
Level-Of-Service (LOS) standard related to the capacity of
a particular facility. A two lane, two way road can
theoretically carry 9,200 vehicles daily and operate at
LOS 'C' , 13,700 vehicles daily at LOS 'D' and over 15,400
daily vehicles before gridlock is reached, In the
downtown however, roads rarely reach this level of
traffic. Intersections control LOS in downtown areas and
specifically on Palm Square, Levels-Of-Service in
residential areas are generally represented by lower
traffic volumes. In a residential area, the residential
character of a street is significantly deteriorated when
the street carries over 2,000 daily vehicles.
'.
P&Z Staff Report
Increased Traffic Levels On Palm Square
Page 4
3. Traffic Safety - The safety of a road or intersection is
based on a history of reported traffic accidents along
with Traffic Engineering judgement. Over the past two
years (October, 1989 to September, 1991) one reported
traffic accident has occurred at Palm Square/East Atlantic
Avenue and none anywhere else on Palm Square.
T R A F FIe VOL U M E S:
Beginning in August, 1991, traffic counts have been collected on
Palm Square, East Atlantic, S.E. 7th Avenues, and S.E. 1st Street.
These counts along with resulting intersection Level-Of-Service
assessments are graphically depicted on the report Figures.
Figure 1 - August, 1991, traffic counts collected by the
Florida Department of Transportation. These represent
off-season traffic counts.
Figure 2 - March/April, 1992, traffic counts collected by City
Staff. These represent peak season traffic counts. These
counts represent the following changes since those shown in
Figure 1:
- seasonal increases;
- removal of the left turn restriction at Palm Square /
East Atlantic Avenue;
- operation of Brandy's Waterside Cafe.
Figure 3 - Projected peak season 1993. These traffic counts
represent the following changes:
- annual areawide increase in traffic volumes of three
percent (3%);
- operations of Patio Shoppes at full occupancy (as
estimated by Ivan Olsak, P.E., in the accepted Patio
Shoppes Traffic Study dated March, 1992.
Figure 4 - Projected peak season 1993 with the following
roadway modification:
- closure of Palm Square to north and southbound traffic
at a point between the commercial and residential areas.
Figure Sa - Projected peak season 1993 with the following
roadway modification:
- closure of Palm Square to northbound traffic at a point
between the commercial and residential areas.
"
P&Z Staff Report
Increased Traffic Levels On Palm Square
Page 5
Fiqure 5b - projected peak season 1993 with the following
roadway modification:
- closure of Palm Square to southbound traffic at a point
between the commercial and residential areas.
SUM MAR Y:
This report presents the issues raised by area residents, data
collected and analysis results, This section matches various
concerns with pertinent data and/or analysis.
. "Development Increases Traffic" - While development does
increase traffic, future traffic volumes (peak season 1993) on
Palm Square range from 873 ADT at the south end to 2,133 ADT at
the north end with no restrictions to thru traffic, Traffic
levels of this magnitude are experienced on many avenues
adjacent to the downtown area,
. "Speeding Vehicles" - Reports of "speeding vehicles" were
expressed by residents on Palm Square, Speeds of all vehicles
were mechanically measured over a two weeks period. Vehicle
speeds were found to be at or below 24.7 MPH northbound and
28,1 MPH southbound eighty-five percent of the time. This
means that the posted 25 MPH speed limit is being obeyed at
acceptable levels,
. "Lots of Trucks" - A truck was defined for this study to
include large delivery vehicles and combination vehicles.
Vehicle classification data was collected for nine days. Over
this period, a total of 36 truck were counted equating to 3-6
trucks per day, Truck traffic represented less than three
percent (3%) of the total traffic counted during this period,
This represents a normal mix of trucks in the traffic stream.
. "Speeding Trucks" - Reports of "speeding trucks" were expressed
directly to staff, The speed of 31 trucks were mechanically
measured, The speeds of these trucks are as follows:
21 under 19 MPH
6 20-25 MPH
4 25-30 MPH
No trucks were measured at speeds over 30 MPH.
. "Children Playing in the Street" - While this may be the case,
it is dangerous for children or adults to "play" in the street.
Parents should provide supervision to stop this as well as
instructing their children in pedestrian and bicycling safety,
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P&Z Staff Report
Increased Traffic Levels On Palm Square
Page 6
OPT ION S:
Based on the information summarized by this report, three possible
actions, to address the concerns raised, may be taken. Each action
will alter area traffic patterns resulting in various impacts.
These options along with projected impacts are discussed below.
Option 1:
Closure of Palm Square to all vehicular traffic at a point between
the commercial and residential areas. This would be accomplished
through the erection of a physical barrier to vehicular traffic.
Significant Impacts:
- Reduction of traffic on Palm Square.
- Increase in traffic volume on S,E. 7th. Avenue and S.E.
1st Street.
- Closure of a street previously available to through
movements,
- Creation of a substandard turn around at the north end
of the south portion of Palm Square.
- Creatio~ of a quite, dead-end residential street.
- Addition of downtown green space at closure site.
Option 2a:
Closure of Palm Square to northbound traffic at a point between the
commercial and residential areas. This would be accomplished
.through the use of a partial street diverter.
Significant Impacts:
- Reduction of traffic on Palm Square.
- Increase of traffic volume on S,E. 7th Avenue.
- Decrease in congestion at the intersection with Atlantic
Avenue (over a complete closure) since a southbound
egress is available
- Partial closure of a street previously available to
through movements.
- Creation of a substandard turn around area at the north
end of the south portion of Palm Square.
- Addition of downtown green space at diverter location.
- Ongoing need for enforcement to diminish wrong way
travel.
- Decrease in congestion at the Palm Square/East Atlantic
Avenue intersection
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P&Z Staff Report
Increased Traffic Levels On Palm Square
Page 7
Option 2b:
Closure of Palm Square to southbound traffic at a point between the
commercial and residential areas, This would be accomplished
through the use of a partial street diverter,
Significant Impacts:
- Reduction of traffic on Palm Square.
- Increase of traffic volume on S.E. 7th Avenue.
- Partial closure of a street previously available to
through movements.
- Southbound turn around possible thru utilization of
adjacent parking lots,
- Addition of downtown green space at diverter location.
- Ongoing need for enforcement to diminish wrong-way
travel,
- Decrease in congestion at the Palm Square/East Atlantic
Avenue intersection
Option 3:
Allow Palm Square to remain open to north and southbound traffic,
Significant Impacts:
- No change in projected traffic volume.
- No increase in traffic on other streets likely to be
caused by Options 1, 2a; and 2b,
- Allows traffic to avoid possible congestion at the Palm
Square/East Atlantic Avenue intersection by using
alternate routes.
- Retains through movements on Palm Square.
of.
P&Z Staff Report
Increased Traffic Levels On Palm Square
Page 8
TRAFFIC ASS E SSM E N T:
Data has been presented leading to three options to address traffic
concerns on Palm Square. Since any action dealing with Palm Square
traffic will impact other area streets, an area analysis was
performed, The result of this neighborhood traffic report should
not be taken in isolation.
The root cause for this analysis is an increase in traffic resulting
from a redevelopment of downtown properties on East Atlantic Avenue.
These businesses create economic growth, jobs, and increased
activity in our downtown. Another cause for the need to perform
this analysis is the grid system of streets in the downtown area.
This grid of streets allows drivers many options in the quest for
the smoothest and safest route. This grid distribution of traffic
generally lowers traffic volumes on all streets, creates
significantly less congestion and results~n a safer roadway
network, These two items serve to form the recommendation
presented.
The first two options (1, 2a, 2b) entail blocking of Palm Square
between the commercial and residential areas. By doing this,
neighborhood traffic is rerouted to other streets. "Commercial"
traffic would be forced to use Palm Square to East Atlantic Avenue,
therefore, when congestion occurs (IE: Bridge openings), alternate
routes would not exist, Note that if an accident problem develops
at the Palm Square/East Atlantic Avenue intersection, the City
permit which allowed the removal of the left turn restriction will
be revoked, and left turns will again be prohibited. This would
result in greatly increased intersection congestion and a need to
re-open Palm Square to through traffic movements. The data
collected does not support many of the concerns raised by area
residents which led to the consideration of options 1, 2a and 2b.
Options 1, 2a and 2b are therefore not recommended.
As stated earlier, the increase in Palm Square area traffic is a
natural result of the redevelopment of East Atlantic Avenue.
Keeping Palm Square open maintains the free flow of traffic through,
and to, this area thereby allowing the roads to serve properties.
Given the above Traffic Engineering analysis, option 3 is
recommended,
D IRE C TOR' S COM MEN T S:
Given our Traffic Engineer's analysis and the occurrence of the
following which have occurred since the conception of alternatives
and a desire to deal with this overall issue, to-wit:
,.
P&Z Staff Report
Increased Traffic Levels On Palm Square
Page 9
. A number of residents along Palm Square and within the Marina
Way Historic District support leaving the street open with no
restrictions;
. Opposition from property owners (2 ) over whose property a
relief connection to SE 7th Avenue would be routed;
. Opposition from the property owner (Patio Shoppes) as to the
use of his site for any turn around facilities, (See attached
letter of March 13, 1992 from Burton Handelsman under the
letterhead of Love Realty);
. Apparent change in position of the C,R,A, which from time to
time has supported the relief connection and/or closing
options;
. The approval of the Patio Shoppes site plan without
restrictions as to access nor with provisions for obtaining
easements (for the relief route) or for accommodation of turn
arounds;
I believe that it is appropriate to recommend to the City Commission
that the matter be dropped.
ALTERNATIVE COURSES OF ACTION:
1- Determine that it is appropriate to proceed with the trial
closure period and direct staff to prepare a listing of
objectives which are to be addressed during such an effort.
2, Determine that it is no longer appropriate to proceed with
discussion of a trial period or with consideration of traffic
circulation options with respect to Palm Square.
RECOMMENDED ACTION:
By motion, recommend that the City Commission no longer pursue
alternative traffic options as they pertain to Palm Square,
GL/leh
Attachments
GL/A:#3/PALMSQ
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PALM SQUARE - MARINE WAY HOMEOWNERS ASSOCIATION
DELRA Y BEACH. FLORIDA
May 20, 1992
TO THE MAYOR AND THE MEMBERS OF THE CITY COMMISSION I
The members of the Palm Square-Marine Way Homeowners As~~~~t~bn
would like to request that you not reverse your decision and your
vote to close Palm Square on a trial basis. As you said when you voted
to do so, 'now is the time to try it before the traffic becomes any
heavier. '
The turn-around on Marine Way works very efficiently without
trespassing on private property. Palm Square is a wider street so
there is no excuse for saying we do not have room for a turn-around..
Moreover, the CRA should invest some of the money that comes from the
Marina Historic Distric in obtaining the necessary rights of way to
close Palm Square and gain access to 7th Avenue. ~ of the CRA
money has been invested in this district.
Traffic has become much heavier on Palm Square and through the Historic
District since the 'no left turn' signs were removed. Also, after word
got around, we have many people coming from the by-pass that should be
using u.S. #1. The corner of S.E. 1st Street and Palm Square has
become very dangerous as automobiles speed around that corner onto
Palm Square.
The traffic count was taken not at 'peak season' as the report said,
but during the first nine days of April. Anyone who has been a resident
of this city for any length of time knows that the 'peak season' is
in February. The traffic engineer must realize the potential danger
of the traffic on Palm Square as he said the children riding bicycles
should be wearing helments.
The opinion of the neighborhood residents was not asked nor were we
allowed to give our opinion at the workshop or the regular meeting of
the Planning and Zoning Board where we sat for three hours and waited.
We had been told by Mark Krall, the chairman, and other members of the
board, that we would be allowed to speak. Mr. Kovaks told the board at
the end of the workshop meeting that no-one on the board was to discuss
any of this with anyone. Is this a new policy in city government?
If so,how does a citizen make his wishes known?
We ask you to give the Marina Historic District your serious consideration
and not bow to pressures from the commercial interests and ignore the
property rights of single family areas. There was a quote from your
meeting concerning goals of the city which said "It is the vision of
the City of Delray Beach to create a safe, beautiful, familv-oriented
community."
.
i#'"Y .!,ouf:' Lt~
eel David Harden, City Manager A '~/a N. ~a~~
Rose Sloan, Chairman HPB rBowen
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PALM SQUARE - MARINE WAY HOMEOWNERS ASSOCIATION
DELRA Y BEACH, FLORIDA
May 14, 1992
REPLY TO:
TO THE MEMBERS OF THE DELRAY BEACH PLANNING AND ZONING BOARD
The members of the Palm Square-Marine Way Homeowners Association
believe the only solution to the traffic and parking problems on
Palm Square and south through the Marina Historic Distric is to
close Palm Square and open a street to 7th Avenue.
I quote from your staff report to the Historic Preservation Board,
dated March 18, 1992, page 7, paragraph'l "Also at its meeting of
March 11, the City Commission agreed to the closure of Palm Square
with a turn-around on the Patio Shoppes property. See attached
excerpt from the City Commission Documentation labled 'Exibit A.'
A positive finding can be made regarding compatibility with adjacent
neighborhoods as long as the closure of Palm Square exists."
(copy of Exibit A attached)
An opening to 7th Avenue would provide access to city parking lots
through commercially zoned areas. Traffic would be kept out of
residential areas and would have easy access to both lanes of
U.S. #1 via the traffic light at 7th Avenue and Atlantic Avenue.
The traffic survey done by your department does not present a
true diagnosis of traffic as it was started on April 1, 1992, after
the heavy seasonal traffic has left the area. Further, the counters
were only left in place on 7th Avenue and S.E. 1st street for a
short time. No counts were taken west of 7th Avenue on S.E. 1st st.
Our neighborhood was promised relief from the traffic and parking
congestion before Mr. Handelsman got all his re-zoning, site plan
approval, variances and 'no left turn' signs removed. These changes
were made to please commercial interests, .but they should not
ride rou~h ~ over the property rights of the residents.
Now we ask you to address the problem and recommend a temporary,
trial closing of Palm Square.
r'
~Y71~'~
Alieda N. Ril~hairman
CCI Tom Lynch, Mayor ~~-
David Harden, City Manager L. Bowen ~'ft'
Rose Sloan, Chairman HPB l'f.,w..
\.~~
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EXCERPT FROM CITY COMMISSION DOCUMENTATION
(Exhibit A)
TRIAL CLOSURE OF PALM SQUARE:
During the Commission's consideration of the rezoning ordinance
on first reading, there were comments made about traffic flow.
In response to that concern (and to petitions received from Palm
Square property owners), your staff is proposing the following
on a trial basis:
* The closure of Palm Square to through traffic by placing a
barrier (as used in Delray Estates) across Palm Square at
the scuth end of the "Brandy's" parking lot. A hammer turn
around would be provided on the proposed (eF) parking lot
site until construction of the Patio Shoppes commences.
* When construction conunences, the turnaround and barrier
would be relocated to the southwest corner of Lot 42 (this
will necessitate the resident next to Brandy's parking lot
to take access from the north.
If during the above period we witness greater congestion and
accident history at Palm Square and Atlantic, the trial period
would be terminated. If after the above periods, it is desired
to make the barrier and turn-around permanent, appropriate
actions to do so will occur.
Rationale: It is thought that by using the above "trial"
approach, we can assess traffic flow and congestion impacts
before we nave the influence of 100\ operation of the Patio
Shoppes and of Brandy's Restaurant. If problems occur at this
lesser level of intensity, the prohibition should be removed.
If no problem arise and the increased intensity does not create
problems, then the prohibition should become permanent.
Arrangements to accommodate the above closings will be handled
through staff contact with the property owners and through
accommodations on the site plan.
.,
PALM SQUAMe - MARINE WAY HOMEOVv ~S ASSOaATON
. . OELAAY BEAeX "'-ORCA . JECIEHWIEIID
: NARJ41992
. March 22, 1992 ...~'ANN
-~..Lft4 rNG &ZONINJ3
. TO THE HAYOR AND MEMBERS OF THE CITY COH~ISSION ·
-
The members of the Palm Square-Marine Way Homeowners
Association have reviewed the hastily submitted plan for making
Palm Square a one-way street going north~ We find the plan
unacceptable as it would ~ solve the traffic and parking
problems now or In the future.
The Commissioners made a decision on Wednesday, March 11,
1992, to have a trial period !or ~he closing 0: Palm Square.
We feel stron9ly that the decision should remain in effect fo:
the trial period of one year. We ask you ~ to reverse your
vote as requested by Handelsman-Bridges.
In view of the attempt by the Raab petition to overwhelm
the Commissioners with names o?posed to the chain across Palm
Square,(and in view of his ~akin9 facts out c: context) we want
to point out to you the fallacies and the at~empt to represent
things other than what they are.
A. The actual facts are that of the ten (10) houses facing.
Palm Square, eight (8) are In favor of the closing,
not four (4).
B. The Raab petition contains the signatures of people far
removed from Palm Square who would have no ~irect
interest or ownership. Some of the locations included
are: South Ocean Blvd., Andrews Avenue, N. I. 9th
Avenue, Crystal Way, Egret Circle and so forth. Ie can
only assuae some are temporary residents, employed in
local retaurants, who very likely pay no real estate
taxes and thus care not what happens to property values
and neighborhoods. The signatures of tenants In
stores on Atlantic Avenue are of a similar category.
Naturally, they would be in favor of everything being
available, even to the extent of driveways and yards '
for parking purposes on Palm Square.
C. By contrast, the names on tbe petition fro. the
- Homeowners ~~~oclatlon are all bomeowners or property
owners and ~axDayers in the immediate area; some of
many years and bopefully, many years to come. Ie are
vitally interested in keepJng this beautiful historic
district a place where ve can ~Ive peacefUlly and our
children and grandChildren vIll be safe, not targets
on a speedvay ~or commercial tra~~lc and fast moving
cars. .
D. The zoning on Palm Square is not RM 10, as stated in
the Raab petition, but is RM 6, vhich 1s auch more
restrIctive. .
-
'.,
. -
- 2 -
E, According to an enclosure in the Raab petition, Mr.
Campbell of 53 Palm Square, Is no longer In agreement
with the majority of the residents on Palm Square. Mr.
Campbell does not live at that address and has never
lived there. The house remains vacant for most of the
year.
F. "Palm Square Condo" signatures on the Raub petition do
not represent persons living or owning property on eala
Square. These names are actually people on 7th Avenue.
No address or date was given for those signatures, thus
nullifying them.
G. No address or date was given for seven so-called
"adjacent commercial owners and tenants".
H. The map attached to the Raab petition is completely
mIsleading.
1. Mr. Brotherton, shown as neutral, is in
complete agreement with the closing. The
use of the enclosure by the Raab petition
with an unsigned comment that it vas not
Mr. Brotherton's.signature is totally In
error.
2. The residence of James Miller on the corner
of Palm Square and S. E. 1st is listed as
neutral, while actually Mr. Miller is 100\
behind the chain approach, not neutral at
all.
3. The Riley property runs to the intersection
of S. E. 1st Street and Palm Square, but the
map shows this as Anchorage Condominium
property which actually fronts on Marine Way.
4. Property owners on Marine Way are in favor of
the closing and not neutral as shown in the
Raab petition.
5. Mr. James Bowen and Mr. & Hrs. Scott Hurray,
whose properties are on 1st Street and Marine
Way, respectively favor the closing. They
are not neutral as shown. e
6. Mr. & Mrs. Ray Dory of 55 S. E. 7th Avenue
are portrayed as against the closing. They
were never contacted and are in favor of the
closing_
.
.
"'!
. .
,
- 3 -
By actual count on F=iday, March 20:h, B=ancy's parking lot
at 1.:30 PM hac sixty-~our ( 64) cars ~arked :"n .. ( some double
. -
parked) and seven (7) cars across ~he s:reet in the old Patio
Del:ay parking 10:, or sever,ty-one (71) cars in total. On the
same day, by actual count between 4:20 PM and 5:20 PH, wha t Is
known as "The Chilc:-en'~ Hoc:-", eighty-six (86) cars traversed
Palm Square; fifty-nine (59) cars northbound and twenty-seven
(27) cars southbound, a1.most 1 :/2 cars per minute. Unless the
chain idea is put into effect, when the new structure Is built
and occupied needing at leas~ one hundred park~nq spaces, (with
only forty-one (4~) parking s~aces avai~able), vhere wi~l these
cars 90 to park?
The Zoning Department has said that the Patio Shoppes vould
not meet the requirement 0: ne!qhborhood comDatibl1!tv if Pal.
Square vas not closed.
Hr. Handelsman writes in his letter of Harch 13th, that
there would be a problem turning around on a 20 foot street.
Actual1.y, Palm Square is 40 feet wide and if properly marked,
the traffic would be '1oin<; to his businesses from Atlantic
Avenue. Harine Way is only 24 feet wide and they don't have a
problem with qarbaqe trucks, UPS delivery trucks, lawn caretakers
and various others.
Truck traffic and commercial traffic should be routed to
U,S. 1 and not to S.E. 7th Avenue or Palm Square.
We are in agreement with the development of the Patio
Shoppes. However, all concessions so far have been made to
Handelsman-Bridges except your vote to close Palm Square, which
they were in agreement with before they qot their re:onlng. We
have copies of their blueprints showinq a cul-de-sac or a turn-
around. Now they are trying to take that away from the neighbor-
hood residents.
Please give this serious consideration. Let your vote of
March 11th to try the temporary closing of Palm Square stand!
r
Very truly yours, ~
t~~ h.
cc: City Manager ~ A~~_ R ley, Chairman /
Planning & Zoning
Historic preserva:ion B~.
Chamber o~ Commerce 0:/- RA?~
Traffic En9ineer~
CRA ~~- Bo~en
DDA
Fred Brotherton <...,...-' ,
Alex J. Campbell, Jr.
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Via Fax: 407-243-3774
u.s. Mail ~ ~"".
oLove [Realty 0- -?o.\w s"
9 .LJ. ~~ ~I, ~~~ I(, f1~C~/II~O
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~ 19
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CElTs
March 13, 1992 OffICE
~1""'I"@
tr " l". .. ,
W~ fC.:: U l!.... I
City Manager .' ~)"-
City of Delray Beach ~ "'t\~. ~O \~12.
100 N,W. 1st Avenue
Delray Beach, FL 33444 lU~\t~G
Re: Palm Square rL;,t H t\NG &. . .,.-
... ....... .4'0'.--
Gentlemen: . -. - .
It has come to my attention that the City intends to
barricade a portion of Palm Square thereby restricting through ,
traffic. If the intendp-d barricades are placed where I have
been led to believe they will, which is at the most southern
line of properties owned by. Patio Associates on the west and
Coastal Associates on the east, then traffic entering Palm
Square from the north after the erection of the barricade will
be forced to make a U-turn to exit. The street, being only
some 20 feet wide will not accommodate a U-turn without crossing
our boundaries. Infringement of our property lines is not
something we will permit or tolerate and we ask that you notify
the police department to keep traffic from completing turns
on ~ur properties.
,.
We are reluctant to build our own barricades and as the
information concerning the proposed City plan has just reached
us, we have not yet had a chance to review it or react to it
in its entirety, nor have we had a chance to submit it to our
legal department for evaluation.
It seems to me that whatever the perceived problem is,
it would have made more sense to have a workshop session be-
fore taking the contemplated action. As our properties are
directly involved in the Council action, it seems reasonable
that we should have been invited to any discussions.
We ask that you protect our property rights and respectfully
suggest that you take no further action prior to hearing from
",..
.~. 9' ." -
t}'~
) City Hanager
( March 13, 1992
..
Page 2
our counselor before a meeting is held in which the workability
of the contemplated plan can be discussed.
~trU1Y yours.
. .~l. :(..c~ tl-P~i-rCcfZ,/~j~c../
Burton Handelsman ~'
BH/ja
cc: Arthur J. Menor, Esq.
Jeffrey Kurtz, Esq.
City Attorney
Via Fax: 407-278-4755
Dick Raab
Via Fax: 407-276-5755 .
-
:
.
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,
..
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,
PALM SQUARE - MARINE WAY HOMEOWNEhS ASSOCIAl10N
~ Y BEACH. A..OAlOA
February 17, 1992
REA- Y TO:
65 Palm Square
Delray Beach, FL 33483
TO THE MEMBERS OF THE OELRAY BEACH PLANHING AHD ZONING BOARD:
The members of the Palm Square-Harine Way Homeowners Association have reviewed the
plans for the development of the southwest corner of Atlantic Avenue and Palm Square.
In order to accomodate this added burden of traffic and parking in a historical
residential area,'we hope every effort will be made to gain access to Seventh Avenue
and to close Palm Square between the residential and the commercial zoned areas.
The development of Brandy's and elimination of the -No left Turns. at Atlantic Avenue
and Palm Square are causing a tremendous increase in the traffic through the Harina
Historic District. In addition, Brandy's is now creating a large sidewalk cafe on
Harine Way and in the future will, no doubt. open second and third floor.
As you know, Mr. Handelsman has submitted plans (or a two-story, 11,376 square foot
building on the corner of Palm Square and Atlantic Avenue. The building will house
stores, offices, andf restaurants including a sidewalk cafe. The small number of
parking spaces indicated will never be adequate for that number of businesses. An
added problem will be trucks unloading on Atlantic Avenue. The overflow will park on
the streets throughout the neighborhood.
~e want commercial development but the neighborhoods deserve consideration. Come
and look at the area. Almost every parking space is filled at Brandy's, the Park,
and Atlantic Plaza at noon and fn the evening when the Paddleboat goes out and the
stores and restaurants are operating. .
With access to Seventh Avenue, traffic could be routed to the city parking lot next to
Victorio's and behind Best Western, all through commercially zoned areas, not resi-
dential. Traffic could be kept out of the neighborhoods and would have access to both
lanes of U.S. '1 via the traffic light at Seventh Avenue and Atlantic Avenue.
Please give this problem serious consideration when you review this project.
~re:(Crn:nwlEIID
fEB 19 1992
PLANNING & ZONING
cc: Hayor and City Commission
City Manager
Traffic Manager
ff'
,
'.
REMARKS FROM: Richard Raab
50 Palm Square
272-7280
TO: Delray Beach City Commission Workshop
Friday, January 10, 1992 1:00 PM
RE: Handlesman/Turner properties
and No Left Turn sign on Palm Square
Mayor Lynch and distinquished commissioners, for the record, my name is
Richard Raab, a 17 year resident of Delray Beach, residing at 50 Palm Square.
As we all know, Palm Square is only one block long, traversing south off of
Atlantic Avenue dead ending into SE 1st St. Forty three percent of Palm
Square bisects downtown central business property. The remaining 57\ is
comprised of 9 single family residences.
As one of the nine single family taxpayers, I suppose I should be grateful
that the CRA and commission is so concerned about curtailing all traffic on
Palm Square by barricading the street to all but local traffic. If I resided
on any other one block street in Delray Beach, I might ask what is so holy
about Palm Square that you want to turn this one block street into a private
drive for only the nine residents, and would be apalled.
Palm Square was one of the first streets settled in Delray with all of the
homes being constructed in the 1920s.
OUr public streets are for the convenience of our entire populace not just
for the residents who happen to reside on them.
The barricading of Palm Square proposed by the CRA is a bandaid approach to
solving the real traffic problem on Palm Square that was created in 1987 when
"no left turn" signs were erected at the intersection of Atlantic Avenue and
Palm Square.
The removal of those signs would correct and benefit the entire traffic
movement in this vital downtown business district and this is precisely what
I and one-half of the nine residents on Palm Square encourage ~our commission
to exert every effort to achieve.
There was only a stop sign at this intersection from the time our city was
founded until 1987 when a situation presented itself that forced our then
City Engineer, Gerry Church, to petition the DOT to erect the now obsolete no
left turn signs.
The previous owner of the Patio Delray Restaurant, located on the southeast
corner of Atlantic and Palm Square, forced our City Engineer to request the no
left turn signs because he would not comply with numerous requests not to
block this intersection with arriving and departing dinner guests.
As we all know, the Patio Delray Restaurant burned to the ground in 1989 and
the vacant lot now poses no traffic problems. Hopefully, another business
will be constructed on the vital downtown corner and with th~ help of the
Planning and Zoning Department and Site Plan Review, ~ae no parking
problems will be permitted to develop, such as was the case when the Patio
Delray occupied this corner.
'I'
.. . I ~
Our former distinquished City Engineer, Gerry Church, has consented to be here
today to enlighten you on the cause for the no left turn signs and to possibly
assist the city in any way shoud you see a benefit in removing them.
Mr. Church will follow my remarks.
Granted, several individuals have approached the DOT to remove these obsolete
no left turn signs with no success. None of these individuals have had a
strongly worded declaration of intent from you, our city fathers, to prove
that they were speaking for the betterment of the City of Delray Beach.
As Gerry Church will confirm, he, in his official capacity as Delray Beach
City Engineer, initiated the request to DOT for these no left turns at this
intersection...hence, if you, as our highest elected officials, send the DOT a
strongly worded message of your intentions to correct the situation by
removing the no left signs, we should be successful.
After all, what the city giveth, the city should be permitted to take back.
Having been a residential builder-developer for a number of years, not only
here but up north, I'm aware of the futility of dealing with state agencies,
like the DOT, DER, and DNR.
Often, it is most difficult to prevail on these career civil servants who are
opposed to any changes what-so-ever.
Among the many points that shoud be incorporated in your strongly worded
request to the DOT is, as previously mentioned:
1. The reason for the no left turns no longer exists and will not be
permitted to exist in the future.
2. The city initiated the no left turn signs and now requests they be
eliminated.
3. Prior to the installation of no left turn signs at Atlantic and Palm
Square, westbound traffic on Atlantic Avenue, intending to go south after
crossing the bridge, often made left turns onto Palm Square this decreasing a
moderate share of the traffic which now must proceed to south. bound one-way
Sth Ave.
Every present property owner on Palm Square has experienced this moderate
flow of traffic from the time they moved on the block until the no left turn
signs were installed in 1987...so it would be no more than they were
accustomed to when they purchased Palm Square properties.
Without a doubt this would moderately reduce the westbound traffic on
Atlantic Avenue which is highly congested at this time.
4. The elimination of the no left turn sign would also provide faster
response time to emergency vehicles.
S. In the past, the DOT has sited as their reason for refusing to eliminate
the no left turn "sight distance coming over the bridge". .
The city traffic engineer can supply you with accident reports Substantiating
that this was a very low accident incident intersection prior to the no left
turn signs being installed.
"I
, :
'.
In fact, in the heart of the season last year, from November 1, 1990,
until February 15, 1991, the only way the nine Palm Square residents could
access their residences by car, was by making illegal left turns on and
off of Palm Square, due to the SE 1st St. drainage improvement project.
No accidents occurred at this intersection during this time.
The DOT's weak reasoning regarding "sight distance" as an excuse for not
eliminating the no left turn sign doesn't hold water.
By precise measurement, there are 457 feet from the center or crest of the
bridge to the center of Palm Square where westbound traffic made left
turns prior to 1987. Also by precise measurement, there are 477 feet from
the center or crest of the bridge to where Barr Terrace condo residences
make legal left turns off of Atlantic Avenue, in addition to Barnett Bank
customers, all with no or low traffic accident incidents.
The DOT is saying that the 20 feet or one car length difference is making
it safe to make a left turn into Barr Terrace and Barnett Bank, yet unsafe
to make a left turn on Palm Square. I would strongly question this
rationale and hope that the commission does likewise.
In closing, before handing the baton to former Delray Beach City Engineer,
Gerry Church, let me thank the commission for its time and patience in
receiving this plea, which is made in an effort to enhance the lifestyle of
all the citizens of Delray Beach and will most assuredly not bring any harm to
the nine residents of Palm Square.
- - - ..
~a1f ~
29 Palm Square .
Requests limiting
noise
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c ar Raa
50 Palm Square
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PALM SQUARE TRAFFIC ASSESMENT
FIGURE 2: PEAK SEASON 1992
r '"
E. ATLANTIC AVE. INTERSECTION
L.O.S. - 'B'
668
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- LEGEND:
N,l.S. > DAILY TRAFFIC VOLUME
278
"I
PALM SQUARE TRAFFIC ASSESMENT
FIGURE 3: PEAK SEASON (EST.) 1993
.
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989
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".
PALM SQUARE TRAFFIC ASSESMENT
FIGURE 4: PEAK SEASON (EST.) 1993
PALM SQUARE CLOSED
E. ATLANTIC AVE. INTERSECTION
L.O.S. - 'B'
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- LEGEND:
N.T,S. > OAIL Y TRAfFIC VOLUME
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'I
.,
PALM SQUARE TRAFFIC ASSESMENT
FIGURE 5A: PEAK SEASON (EST.) 1993
NORTHBOUND PALM SQUARE CLOSED
.
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INTERSECTION
E. ATLANTIC AVE. L.O.S, - 'c'
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- LEGEND:
N,T.S. > DAilY TRAFFIC VOLUME
296
'.
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PALM SQUARE TRAFFIC ASSESMENT
FIGURE 58: PEAK SEASON (EST.) 1993
SOUTHBOUND PALM SQUARE CLOSED
"'" "" r
INTERSECTION
E. ATLANTIC AVE. L.O.S. - 'c'
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- LEGEND:
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"
,
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
. .L-
FROM: CITY MANAGER "./
SUBJECT: AGENDA ITEM i 9..JJ - MEETING OF MARCH 24., 1992
RECONSIDERATION OF DECISION TO CLOSE PALM ~UARE
DATE: March 20, 1992
We have received a petition, signed by several owners of property on
Palm Square, business owners on Atlantic Avenue, and other interested
parties who object to the trial closure of Palm Square. Also two
Commissioners who voted in favor of the trial closing have asked to
reexamine this issue. This item is therefore, being brought before
you for reconsideration of the Commission's action of 3/11/92 which
approved the trial closure of this road. Attached as backup material
for this item are schematic drawings which provide alternatives to
the closure of Palm Square. Also attached, is a copy of the
petition signed by those in favor of closing Palm Square.
~ ~d r cd- ~ 60 dLu"DJ
-I:o~jm~&~~
~ <:f-- ~ ~ fJ<:f-;:L
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-
.
Digby Bridges, Marsh & Associates, P.A.
124 N.E. 5TH AVENUE, DELRAYBEACH, FL33483
407-278-1388
___ ..on__m_ _n___u___________
- ____________m.____ ____
__om __._.___________
---- -------------------
------------------.__0'. _,..__.._'____,"__
---- ------- -- -- --- ~ --
--- ._.-._-~--- ------
18 March 1992
Mr. David Harden ACCCIJ/ED
liAR 1 8 199.
City Manager
City of Delray Beach CITy MA ~
100 NW 1st street NAGE~'S
Delray Beach, FL 33444 OFFICE
RE: Palm Square
Dear David:
We enclose a copy of a possible solution to Palm Square which could
make everyone happy.
Tonight we will be discussing this point with the Historical Board.
We have given a copy to Armand Mouw and enclose four extra copies
for the Mayor and other Commissioners.
Kindest regards,
Yours sincerely,
DIGBY BRIDGES, MARSH & ASSOCIATES, P,A,
Digby C. Bridg~, A.I.A., R.I.B.A.
DCBlsl
Encl.
cc: David Kovacs
CHARTERED ARCHITECTS - PlANNERS - INTERIOR DESIGNEHS
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TO: David Harden, City Manager
Mayor Lynch, Commissioners: Alperin, Andrews, Mouw, Randolph
David Kovacs and Planning & Zoning Board Members
Chris Brown and Community Redevelopment Agency Members .
Pat Cayce and Historic Preservation Board Members
Sal Matteis and Downtown Development Authority Members
Bill Woods and Chamber Atlantic Avenue Association Members
Greg Luttrell, Traffic Engineer
FROM: Palm Square residents and adjacent commercial property owners & tenants
RE: Blockage of Palm Square
DATE: February 27, 1992
We, the undersigned, oppose the considered blockage of Palm Square
in any fashion that would obstruct or impede the normal flow of
traffic to our residences or places of business.
The recent elimination of the no-left-turn sign at the intersection
of Atlantic Avenue and Palm Square returns access to the adjacent
property owners and eliminates the need for blockage of this vital
downtown street.
One block long Palm Suare bisects a central business district which
comprises 45% of the street's length. The remaining 55% of the
street is comprised of nine single family residences.
Of the nine home owners, only five favor the proposed blockage of
Palm Square while three oppose any type of blockage. The remaining
one absentee owner, whose property is for sale, has never resided
on Palm Square. A map is included designating each property owner.
Palm Square has been a vital means of access to the Atlantic Ave.
Bridge since our city was founded in the 1920s. Each and every
property o~vner knew this when they purchased on this street. This
is not a pristine residential street by any means. The residential
zoning is RM-lO which translates to residential medium density
with 10 units per acre permitted.
To deprive the populace of Delray Beach the convenience of this
vital street connecting our downtown central business district,
on the whim of four residents of Palm Square should not be allowed.
~~q.
Af!~ ?(f:~ p \1
. 71- res. \~
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.
PAGE TWO - CONTINUED
PROPERTY OWNERS & TENANTS OPPOSED TO BLOCKAGE OF PALM SQUARE
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PAGE THREE
DELRAY BEACH PROPERTY
OWNERS OPPOSED TO BLOCKAGE OF PALM
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JANUARY 9. 1992
MR. ALEXANDER CAIIPBELL. WHO OWNS PROPERTY AT 53 PALM SQUARE,
HAS IND I CA TED THIl OUG H HIS AGENT. 1iIR, STEVEN BA TES. TIfA THEW ILL
BE IN AGREEJilENT WITH THE MAJORIl'Y OF THE RESIDENTS OF PALM SQUARE.
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THE UNDERSIGNED PROPERTY HOLDER IN DELaAY BEACH, FLORIDA BELIEVES
THAT IN ORDER TO PROTECT THE QUALITY OF LIFE IN THE RESIDENTIALLY
ZONED f4''tARINA HISTORIC DISTRICT, PALM SQUARE SHOULD BE CLOSED AT
THE NORTH END BETWEEN THE COMMERCIAL AND THE RESIDENTIAL AREA,
,
WITH A TURN AROUND.
DATE NAME 6,Q,tRISS
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PALM SQUARE - MARINE WAY HOMEOWNERS ASSOCIATION
DELRA Y BEACH. FLORIDA
February 17, 1992
REPLY TO:
65 Palm Square
Delray Beach, FL 33483
TO THE MEMBERS OF THE DELRAY BEACH PLANNING AND ZONING BOARD:
The members of the Palm Square-Marine Way Homeowners Association have reviewed the
plans for the development of the southwest corner of Atlantic Avenue and Palm Square.
In order to accomodate this added burden of traffic and parking in a historical
residential area, we hope every effort will be made to gain access to Seventh Avenue
and to close Palm Square between the residential and the commercial zoned areas.
The development of Brandy's and elimination of the "No Left Turns" at Atlantic Avenue
and Palm Square are causing a tremendous increase in the traffic through the Marina
Historic District. In addition, Brandy's is now creating a large sidewalk cafe on
Marine Way and in the future will, no doubt, open second and third floor.
As you know, Mr. Handelsman has submitted plans for a two-story, 11,376 square foot
building on the corner of Palm Square and Atlantic Avenue. The building will house )
stores, offices, andf restaurants including a sidewalk cafe. The small number of
parking spaces indicated will never be adequate for that number of businesses, An
added problem will be trucks unloading on Atlantic Avenue. The overflow will park on
the streets throughout the neighborhood.
We want commercial development but the neighborhoods deserve consideration. Come
and look at the area. Almost every parking space is filled at Brandy's, the Park,
and Atlantic Plaza at noon and in the evening when the Paddleboat goes out and the
stores and restaurants are operating.
With access to Seventh Avenue, traffic could be routed to the city parking lot next to
Victorio's and behind Best Western; all through commercially zoned areas, not resi-
dential. Traffic could be kept out of the neighborhoods and would have access to both
lanes of U.S. #1 via the traffic light at Seventh Avenue and Atlantic Avenue,
Please give this problem serious consideration when you review this project.
va:'dJ~'7;. h
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Dr'. .R. RO~L.
cc: Mayor and City Convnission ~.~n --..,
City Manager
Traffic Manager
PALM SQUARE - MARINE WAY HOMEOWNERS ASSOCIATION
DELRA Y BEACH. FLORIDA
REPL Y TO:
JANUARY 9, 1992
ATTACHED PLEASE FIND COPIES OF PETITIONS FROM PROPERTY OWNERS IN
THE IM~lEDIATE AREA WHO BELIEVE THAT IN ORDER 'ro PROTECT THE QUALITY
OF LIFE IN THE RESIDENTIALLY ZONED MARINA HISTORIC DISTRICT, PALM
SQUARE SHOULD BE CLOSED AT THE NORTH END BETWEEN THE COMNiliRCIAL AND
THE RESIDENTIAL AREA. WITH A TURN AROUND. ~ 7-
~
ALIEDA N. RILEY,
~HE ORIGINALS WERE GIVEN TO MR. HARDAN ON JANUARY 9, 1992
~
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WE THE UNDERSIGNED, RESIDENTS OF DET~AY BEACH, FLORIDA, BELIEVE
THAT IN ORDER TO PROTECT THE QUALITY OF LIFE IN THE RESIDENTIALLY
ZONED MARINA HISTORIC DISTHICT, PALM SQUARE SHOU.LD BE CLOSED
AT THE NORTH END BETWEEN THE COMMERCIAL AND THE RESIDENTIAL AREA.
WITH A TURN AROUND. '
DA TE NAME ADDRESS
1/3/12 fil I ~~?~ ~~
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WE THE UNDERSIGNED, RESIDENTS OF DELRAY BEACH, FLORIDA, BELIEVE
THAT IN ORDER TO PROTECT THE QUALITY OF LIFE IN THE RESIDENTIALLY
ZONED f\1ARINA HISTORIC DISTRICT, PALM SQUARE SHOULD BE CLOSED
AT THE NORTH END BETWEEN THE COMMERCIAL AND THE RESIDENTIAL AREA.
WITH A TURN AROUND.
DATE NAME ADDRESS
1/r;11- ;td/~ 5t/~WW
1/ q /9,}- -1~ 1!&wXf- 54~M C0j / ~&A/3-3'-ff5
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THE UNDERSIGNED PROPERTY HOIDER IN DELftAY BEACH, FLORIDA BELIEVES
THAT IN ORDER TO PROTECT THE QUALITY OF LIFE IN THE RESIDENTIALLY
ZONED MARINA HISTORIC DISTRICT, PALM SQUARE SHOULD BE CLOSED AT
THE NORTH END BETWEEN THE COMMmCUL AlfD THE RESIDENTIAL AREA,
WITH A TURN AROUND.
DATE NAME ~
- -
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~TANUARY 9, 1992
V~. ALEXANDER CAMPBELL, WHO OWNS PROPERTY AT 53 PALM SQUARE,
HAS INDICATED THROUGH HIS AGENT, MR. STEVEN BATES, THAT HE WILL
BE IN AGREEMENT WITH THE MAJORITY OF THE RESIDENTS OF PALM SQUARE.
Ud~ X. I2U-
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PALM SQUARE CONOOMINIUM ASSOC., INC.
3S S.E. 7th Ave.
Delray Beach Florida
33483
March 17, 1992
Mr. David Kovacs, Planning Director
City of Delray Beach, Florida 33444
Dear Mr. kovacs:
As President of PALM SQUARE CONDOMINIUM, I represent the 8 various
homeowners located on the East side of S.E. 7th Ave. just south of
Atlantic Ave.
All of us are very concerned and Frankly disappointed that the City would
see fit to agree with Mrs. H. Riley to barricade Palm Square, just south
of the proposed building to be built by Mr. Handlesman. We are concerned
that this action will force trafFic that would nomally circulate on Palm
Square, including garbage and other truck taFFic to re-route to S.E. 7th
Ave. At the present time, our residential street is experiencing above
normal traffic For those who wish quick access to tha beach by not using
U.S. 1 .
If the resulting traFFic congestion at Atlantic/Palm Square causes the
DOT to require no LEFT TURN, then it will be evan worse on 7th Ave. end,
one of our greatest Fears is that the city would unilaterlly take the
TURNER propery, located right next door to ou~ homes, to provide eccess
to 7th Ave. to satisfy Mrs. Riley end Mr. Handlesmen.
=
We feel it is unFair that this barricade be placed, thereby impacting
our homes and its value and safety to satisfy Mrs. Riley and Mr. Handlesmen.
We request the City to reconsider and not go forward with this Pl.n~~~~~~
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Via Fax: 407-243-3774 ~~
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GER'S
March 13, 1992 . OFFICE
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City Manager ,~)cg1f,[ U ~ '
City of Delray Beach ,~ 1-
100 N.W. 1st Avenue ",~\t ~O \~~
Delray Beach, FL 33444 I &.lO~\~G
Re: Palm Square r\J,tn~,NG. ,_,'-
. . . -..- _..-.-~
Gentlemen: .. ..... .- .
It has come to my attention that the City intends to
barricade a portion of Palm Square thereby restricting through
traffic. If the intended barricades are placed where I have
been led to believe they will, which is at the most southern
line of properties owned by' Patio Associates on the west and
Coastal Associates on the east, then traffic entering Palm
Square from the north after the erection of the barricade will
be forced to make a U-turn to exit. The street, being only
some 20 feet wide will not accommodate a U-turn without crossing
our boundaries. Infringement of our property lines is not
something we will permit or tolerate and we ask that you notify
the police department to keep traffic from completing turns
on our properties.
We are reluctant to build our own barricades and as the
information concerning the proposed City plan has just reached
us, we have not yet had a chance to review it or react to it
in its entirety, nor have we had a chance to submit it to our
legal department for evaluation.
It seems to me that whatever the perceived problem is,
it would have made more sense to have a workshop session be-
fore taking the contemplated action. As our properties are
directly involved in the Council action, it seems reasonable
that we should have been invited to any discussions.
We ask that you protect our property rights and respectfully
suggest that you take no further action prior to hearing from
'.
. ' ~ -
City Manager
March 13, 1992
Page 2
our counselor before a meeting is held in which the workability
of the contemplated plan can be discussed.
~trU1Y yours,
_ -:::?' ~ 'cL'i-.<- ?lP <,-..e'~/<A;~/
Burton Handelsman ~/
BH/ja
cc: Arthur J. Menor, Esq.
Jeffrey Kurtz, Esq.
City Attorney
Via Fax: 407-278-4755
Dick Raab
Via Fax: 407-276-5755
:
..
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,
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER1J?1.;/1
SUBJECT: AGENDA ITEM # 9 rc~ - MEETING OF MAY 26. 1992
REOUEST FOR EXTENSION OF TEMPORARY CERTIFICATE OF
OCCUPANCY
DATE: May 22, 1992
We have received a request from McCall and Lynch, representatives for
the owners of the Sundy House Tea Room and Restaurant, for a six
month extension of the temporary Certificate of Occupancy (CO) .
At the September 24, 1991 regular meeting the Commission granted a
temporary CO to allow the Sundy House Tea Room and Restaurant to
operate without on-site parking facilities. That temporary CO
expires June 1, 1992. In order for a final CO to be granted, the
following outstanding items need to be addressed:
-completion of the on-site parking areaj
-revision and approval of the final plat document;
-revision to the Unity of Titlej
-receipt of an easement deed from St. Paul's Church;
-receipt of a final site plan.
The status of these items is addressed in the applicant's request for
extension included in the backup material. Additional information
pertaining to the chronology of this project is available for review
in the Planning Department.
Addi tionally, a temporary CO carries a fee of $629.40. While an
extension is being requested, this act is considered as issuance of a
new temporary CO; thus, a new fee applies.
Recommend approval of the request for extension of the temporary
Certificate of Occupancy for the Sundy House Tea Room and Restaurant
until December 1, 1992 contingent upon receipt of the appropriate
fee.
~ ~ ~
(w/F)
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: ~D T. HARDEN, CITY MANAGER
'~O-<-~ ~~l(\ "---
FROM: o 10 J. OVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF MAY 26, 1992
CONSIDERATION OF AN EXTENSION TO THE TEMPORARY
CERTIFICATE OF OCCUPANCY ISSUED FOR THE SUNDY HOUSE
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of a previously issued Temporary Certificate of
Occupancy which had been for use of the Sundy House Tea
Room and Restaurant prior to completion of the parking lot.
The previous approval was granted by the City Commission;
thus, the extension request is also brought before the
Commission.
The project is located at the southwest corner of Swinton
Avenue and s.w. 1st Street in the Old School Square
Historic District.
BACKGROUND:
On September 24, 1992, the City Commission granted a Temporary
Certificate of Occupancy (TCO) which allowed the Sundy House Tea
Room and Restaurant to operate without on-site parking
facilities. That approval was granted to June 1, 1992. There
are still outstanding items which do not allow the issuance of a
Final CO. These include:
* completion of the on-site parking area;
* revision and approval of the final plat document;
* revision to the Unity of Title;
* receipt of an easement deed from St. Paul's Church that is
necessary to complete the abandonment;
* receipt of a "final" site plan which reflects all of the
changes (approved and field) which have occurred since HPB
site plan approval action.
Attached is a request, dated May 12th, for a six month extension
to the TCO. In that letter the agent, Howard McCall relates the
status of outstanding items. Additional correspondence, from
the City Administration, pertaining to the status of the items
and a chronology of contacts is available in the Planning
Department Office.
..
'.
. .
City Commission Documentation
Consideration of an Extension to the Temporary Certificate
of Occupancy Issued for the Sundy House
Page 2
Payment of Fee: A Temporary CO carries a fee of $629.40. That
fee was paid in September of 1991- While an "extension" is
being requested, this act is considered as issuance of a new
Temporary CO; thus, a new fee applies.
RECOMMENDED ACTION:
By motion, direct the Chief Building Official to issue a second
Temporary Certification of Occupancy for the Sundy House Tea
Room and Restaurant upon receipt of appropriate fees. The
period of approval shall be until December 1, 1992.
Attachment:
* Letter of May 12, 1992, from Howard McCall
DJK/CCSUNDY.DOC
.,
.
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><: May 12, 1992
'"
'"'- MAY 15 1992
r<) - .~
"<t-
V'; Jeffrey A. Costello, Planning Tech. I I
...... PLANNING & ZONING
V'; Planning Department
0-
r<) City of Delray Beach
~
0 100 N W First Avenue
"<t-
~ Delray Beach, Fl 33444
N
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r<) Re: Request for Extension of Temporary C/O, Sundy House.
-l
'"'-
d Dear Mr. Costello:
0
..,
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'" The temporary Certificate of Occupancy for the Sundy House will
u
0
co expire June 1 s t , 1992, and as you are aware there are approvals
-d that we must receive before this project can be finalized,
0:::
..;d therefore, we request an extension of six ( 6 ) months time to
0... accomplish the work as outlined below. Please have this request
0
.., heard by the City Council their meeting of May 26, 1992.
.., on
0)
E
-;;;
0... APPROVALS YET TO BE RECEIVED:
~
......
...... A. The Final Drawing for the Sundy Estates Plat has been
r<)
completed and corrected as per your review. The original is
00 being circulated to the parties listed thereon (other than
IX: Ci ty Officials) for their signatures and the Plat wi 1 1 be
~
Z delivered to your office by June 1 , 1992. I t is my
Z understanding that the Plat will not be sent to the Ci ty
0( Commission for their action un t i 1 the All ey Abandonment is
~ complete.
~
~ B. All of the conditions have been met regarding abandonment of
00 the alley adjacent to Sundy Estates and the property owned by
f-4
U St. Paul's Episcopal Church except for the Easement Deed for
~ the West eight (8) feet of Lot I 1 , Block 62, in The Town of
f-4 Delray Beach, owned by St. Paul's. You are aware (by copy of
~
::r: my letters to the Church's attorney) that I have requested
U that the easement deed be sent to the City. My most recent
IX: inquiry to the Church assured me that the work was in progress
0( and that the Easement Deed i s forthcoming.
::r: Construction work on the Sundy House has been delayed because
U
~ the city would not issue any building permits until the Plat
and Abandonment was complete. This has been a major setback
in our construction schedule. Recently however, the city did
~ allowed some site work to be done.
~
~
0( C. During the Site Plan Approval mulch parking surface
U a was
U approved for the off-street parking areas, however we were
~ unable to proceed with that work because of a City engineering
department requirement for a rock sub-base which is counter-
I productive to the reason that we chose to use this type of
MEMBERS o F THE AMERICAN INSTITUTE OF ARCHITECTS
.,
.
.
. ...
0-
r---
r---
......
V';
0-
r<)
~
0
"<t-
~
><: parking surface. We are in the process of demonstrating to
'"
'"'- the City Engineer that at the Sundy property, a mulch material
r<) will provide a good parking surface without the six (6) inch
"<t-
V'; rock sub-base. Mr. Hayden agreed wi th my proposal to perform
......
V'; a full scale test, by putting down a layer of mulch over a
0-
r<) portion of the driveway and parking and allowing
~ area
0 construction traffic to drive over the mulch area. The test
3. has been running two and one-half (2 1/2) months wi th
<'1 excellent results. I plan to meet with Mr. Hayden the week of
r<)
"<t- May 18th to review the matter.
r<)
r<)
-l
~ D. Environmental Services is requiring IPP manhole to be
d a
0 installed, however I have not been able to obtain a clear
..,
'" description of what is required. Indications far
0::: so range
'" from simple four(4) inch vertical pipe wi th to full
u a cap, a
ciS fledged masonry manhole complete wi th access cover. I was
-d advised today by Bob Phillips that the value of a IPP manholes
0:::
..;d is under question and for us not to do anything un t i I the
0... matter is resolved.
0
..,
..,
0)
E E. A Unity of Title was executed for Lots 2 and 3 of the Sundy
-;;;
0... Estates Plat by Mr. Jensen and filedwith the city. Later we
W were informed that the form had been changed. The new form
......
...... has been completed and will be submitted to you.
r<)
rn F. The final work on the Sundy House is to complete miscellaneous
IX: site work, including installat ion of the freezer unit and
~
Z screen fence, the railroad ties around the mulch parking,
Z landscape work around the Sundy Apartment, and all other work
0( shown on the Composite Site Plan for The Sundy House and Sundy
~ Apartment, which will be done when a permit can be issued.
~
~ The drawing for the Final Plat of The Sundy Estates will be
00 delivered to you by June 1,1992. After that, the time frame for
f-4
U completion of the Sundy House project depends on how soon St.
~ Pa u I ' s Episcopal Church delivers the Easement Deed for their Lot
f-4 # 1 1 , and f i na I action is taken by Ci ty to approve the Plat and
~
::r: Abandonmen t . I f that goes we II , permits can be issued for the
~ remaining work on the Sundy House and completed within six (6)
0( months. Please notify me i f there are any other steps to be taken
that I have not covered.
::r: The above information relates to the Sundy House approval and does
U
~ not mention the work yet to be done on the Parking Lot adjacent to
St. Paul's. I t is my understanding that we can obtain permits to
do that work when the Plat and Abandonment is completed.
~
~ S;!~Udf
~
0(
U
u Howard E Mc Call
~ copy:Diani Donomiguez ~
Lula Butler
I MEMBERS OF THE AMERICAN INSTITUTE OF ARCHITECTS
.,
"
-.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # 9F - MEETING OF MAY 26. 1992
SETTLEMENT OFFER/ATLANTIC PLAZA
DATE: May 22, 1992
This item is before you to consider an offer of settlement from
Atlantic Plaza Ltd. with regard to odor problems from the Lift
Station at Veteran's Park.
Additionally information regarding this item will be provided at the
May 26th meeting.
f)~ to- 41161/Y~
t/dlc3/9d-
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.
. ~1?Ar-_ ,,!~'-....
[IT' DF DELHA' BEA[H
CITY ATTORNEY'S OFFICE 20ll 1"W ISl AVENUE' DELRAY BEACH, FLORIDA 33444
FACSIMILE 4lJ7/278-4755 Writer's Direct Line
(407) 243-7092
MEMORANDUM
Date: May 4, 1992
To: David Harden, City Manager
From: Jeffrey S. Kurtz, City Attorney
Subject: Atlantic Plaza Claim
Our File #04-91.023
I have attached a letter from Sandy Simon concerning his claim.
I would suggest that we try to have the settlement offer
presented to the Commission at its May 26th meeting as this
will give you and I the opportunity to discuss the matter
thoroughly and prepare a recommendation to the Commission.
JSK: jw
Attachment
atlantic.jsk
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, . ..........
.
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Ql'mk JPO
q;~ !{;Pend; o/~ #NJ
(-FOr) P?cI-f.9J'.9
~ (-FOr) P?cI-,HM
April 28, 1992
Jeffrey S. Kurtz, Esq.
City Attorney
City of Delray Beach
200 N.W. 1st Avenue
Delray Beach, F'lorida 33444
Dear Jeff:
After careful consideration, and evaluation of the damage done
to Atlantic Plaza last year due to the mismanagement and problems
at the Veterans Park pumping station, we are simply not able
to accept your recommendation. We would appreciate your having
our claim placed before the City Commission on its next agenda.
--..-
I would like to go forward without the cost of legal counsel, but
I believ~ need to resolve this issue, as amicably, ~nd as
fairly, and as soon as possible.
We simply must receive at least our direct out-of-pocket cost
which we have described to you. They include out-of-pocket
costs of loss of rent, the out-of-pocket costs of investigation
and correction as well as the incredible amount of loss of
business.
J
We have not included in our amounts, at this time, the loss of
business, loss of reputation, and loss of good will
manifested in the significant losses of sales documented by
Patchington and our house documented by other tenants.
We can not proceed with less then the our figure you and I
discussed. I await your response.
. -~-----
AAS:sp
.
.,
. .
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER j;j
SUBJECT: AGENDA ITEM ~ 9F - MEETING OF MAY 26. 1992
SETTLEMENT OFFER/ATLANTIC PLAZA
DATE: May 22, 1992
This item is before you to consider an offer of settlement from
Atlantic Plaza Ltd. with regard to odor problems from the Lift
Station at Veteran's Park.
Additionally information regarding this item will be provided at the
May 26th meeting.
f)r to t/;6/9.;J-
"
-
~- 'PAr" J<"
. .
[ITV DF DELRAY BEA[H
GITY ATTORNEY'S OFFICE '" . , "~ \~ :Ji- \'- d, FI.~--J:~:D:\ _~~~~4
Writer's Direct Line
(407) 243-7092
MEMORANDUM
Date: May 4, 1992
To: David Harden, City Manager
From: Jeffrey S. Kurtz, City Attorney
Subject: Atlantic Plaza Claim
Our File #04-91.023
I have attached a letter from Sandy Simon concerning his claim.
I would suggest that we try to have the settlement offer
presented to the Commission at its May 26th meeting as this
will give you and I the opportunity to discuss the matter
thoroughly and prepare a recommendation to the Commission.
JSK: jw
Attachment
atlantic.jsk
"
.
~ ~~ 9ttd -
???~ad~~
Qf~ r/20
tQ')~ q>eod; o/~ r/r/Nr/
(-/O?) 2?J'-19d'9
~ (-/O?) 2?d'-,ff-/-/of
April 28, 1992
Jeffrey S. Kurtz, Esq.
City Attorney
City of Delray Beach
200 N.W. 1st Avenue
Delray Beach, Florida 33444
Dear Jeff:
After careful consideration, and evaluation of the damage done
to Atlantic Plaza last year due to the mismanagement and problems
at the Veterans Park pumping station, we are simply not able
to accept your recommendation. We would appreciate your having
our claim placed before the City Commission on its next agenda.
---
I would like to go forward without the cost of legal counsel, but
I believ~ need to resolve this issue, as amicably, c;ind as
fairly, and as soon as possible.
We simply must receive at least our direct out-of-pocket cost
which we have described to you. They include out-of-pocket
costs of loss of rent, the out-of-pocket costs of investigation
and correction as well as the incredible amount of loss of
business.
,
We have not included in our amounts, at this time, the loss of
business, loss of reputation, and loss of good will
manifested in the significant losses of sales documented by
Patchington and our house documented by other tenants.
We can not proceed with less then the our figure you and I
discussed. I await your response.
._h___
__u___ ~
, .APR 3 0 1992
AAS:sp
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER CfT.)
v
SUBJECT: AGENDA ITEM # q& - MEETING OF MAY 26. 1992
ASSIGNMENT OF LICENSE AGREEMENT/ISAN CHARTERS. INC.
DATE: May 22, 1992
We have been informed by Captain Dane Mark that the ISAN Charters
Corporation name has been changed to Ramblin' Rose Riverboat, Inc.
This is merely a name change for business purposes. The ownership of
the company is not affected. In order for the reassignment to take
place, written authorization from the Commission is required.
Recommend approval of request to reassign the Charter Boat License
Agreement to Ramblin'Rose Riverboat, Inc.
'!
,
. .
[ITY DF DELIAY BEA[H
CITY ATTORNEY'S OFFICE ) '. \\. .\.;. ' : _.1..\.-\1' :3F.\i..'H, rLtJtZiD.-\ _~:~":j
:.' '''', '); .'.l I 1 {~ -', i - - ". ... Wr~t_r'. D~r_at L~n.
(407) 243-7090
MEMORANDUM
Date: May 19, 1992
To: City Commission Assistant City Attorne~
From: David N. Tolces,
Subject: Assignment of License Agreement to Ramblin' Rose
Riverboat, I nc . ; Our File No. 03-91.004
Captain Dane Mark of the Ramblin' Rose Riverboat has informed
this office that the ISAN Charters Corporation name has been
changed to Ramblin' Rose Riverboat, Inc. Pursuant to Section
6.01 of the License Agreement, this assignment is effective
upon approval by the City Commission. This is not an ownership
change, but merely a name change for business purposes.
If you have any questions, please call.
DNT: sh
ramblin4.dnt
'I
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"6~ aO'f3
5-~i:! I certify that the attached is a true and correct copy of the 3\le
rf~ 'dO~
~~~ Articles of Incorporation of RAMBlIN' ROSE RIVERBOAT. INC., a ~
~ . . d d h L ao'\;:.
~J;I. corporatIon organIze un er t e aws of the State of Florida. tiled ~UQ
~~ ~C
Q1~, 0 I) on January 29, 1992, as shown by the records of this office. ~O~
jC ~
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~ The document number of this corporation is V1 037 7. ~
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~ ~i\Jrn unbrr tttp hanb anb tbr ~
~ ~rrat ~ral of tbr ~tatr ofjf(oriba, 5~
D at ~llahassrr, tIJr CCapital, tbis tbr goj
~ 30th baJ' of January, 1992 ~
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~8C CR2E022 (2-91) .Serrehtr,z of "tate ~
~~~~~~~~~~~~~~~~~~~~~~~
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c4. -
.' . ARTICLES OF INCORPORATION ?+, ~~~4' ^//
of -1((~. 2.9 '~O
~ /. 4:-
RAHBLIN I ROSE RIVERBOAT, INC. ~1...r~i.. '7~
\.1.(' . ..
't".. , . /
the undersigned subscriber(s) to these Articles of Incorporation, natural person(s) competent to contract, he~y,f9rm at'
Q~ --
corporation under the laws of the State of Florida. ~~<,'
':</
ARTICLE I - CORPORATE NAME
The name of the corporation is:
RAMBLIN' ROSE RIVERBOAT, INC.
ARTICLE II - DURATION
This Corporation shall exist perpetually un~ess dissolved according to Florida law.
ARTICLE III - PURPOSE
The corporation is organized for the purpose of engaging in any activities or business permitted under the laws of the United
States and the State of Florida.
ARTICLE IV - CAPITAL STOCK
The corporation is luthorized to issue ONE HUNDRED shares ( 100 ) of ONE Dollar(s) ($ 1.00 ) par value
COIIIIlOn Stock, wh i ch sha II be des i gnated "COIIIIlOIl Shares. II
ARTICLE V - INITIAL REGISTERED OFFICE AND AGENT
The principal office, if known, or the mailing address of the corporation is:
I NAME Ramblin' Rose Riverboat, Inc. I
---
ADDRESS 3400 Lakeview Blvd
CITY Delray Beach FLORIDA ZIP 33445
The name and the street address of the Initial Registered Agent of this corporation is:
NAME Mr. Dane Mark
ADDRESS 3400 Lakeview Blvd.
CITY Delray Beach FLORIDA ZIP 33445
ARTICLE VI - INITIAL BOARD OF DIRECTORS
This corporation shall have THREE (~) directors initially_ The number of directors may be either increased or
diminished from time to time by the By-Laws, but never shall be less than one (1). The names and addresses of the initial
directors of the corporation are as follows:
NAME Mr. Dane Mark
ADDRESS 3400 Lakeview Blvd.
CITY Delray Beach FLORIDA ZIP 33445
'.
--~
N JU'11:; Mr. DonQ.~ '': (.;. Mark I .
!
ADDRESS 200 South Ocean Blvd.
CITY Delray Beach FLORIDA ZIP 33444
NAME Mrs. Rose c. Mark
ADDRESS 200 South Ocean Blvd.
CITY Delray Beach FLORIDA ZIP 33445
ARTICLE VII - INCORPORATORS
The names and addresses of the incorporators signing these Articles of Incorporation are as follows:
NAME Mr. Dane Mark I
-
ADDRESS 3400 Lakaviaw Blvd
CITY Delray Beach FLORIDA ZIP 33445
NAME
ADDRESS
CITY FLORIDA ZIP
IN WITNESS THEREOF, the undersigned subscribersCs) have executed these lC s of Incorporation this~/~ d~y of
~ ' 199~
(Sea 1)
STATE OF F~IDA ~ ) ss
COUNTY OF ~_ )
before me, a Notary Public authorized to take acknowledgements in the State and County set forth above, pcrson~lly appeared
~.~ ~L
known to me and known to be the personCs) who executed the foregoing Articles of Incorporation, and who acknowledged before
me that ~ executed these Articles of Incorporation.
In witness whereof, I have hereunto affixed my hand and seal, in the State and County aforesaid, this ~ day of
~Ad ' 199.l..
(Notary Seal)
po My Coomission expires:
...-.., ...... State .f F1orw. ..,
., (tIIlIIlIufoft Explrtt Mar 1, 1994
..""... fh", f,., ,... ...."'.nc.1ne.
'.
,
CERTIFICATE AND ACKNOWLEDGEMENT
OF REGISTERED AGENT f.:> A\
/l~ ~ ~
"'f'(<;~:" ~~ (~
CERTIFICATE OF REGISTERED AGENT 4,-y/_;;., .9 A <:)
>J' /;." -'-1'
~ ~', /.
OF ....~'-;, :(.
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(: ... -,
C2...,~ /."
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RAMBLIN' ROSE RIVERBOAT. INC. ~
(Name of Corporation)
Pursuant to Florida Statutes sections 48.091 and
607.0501, the following is submitted: The above
corporation, desiring to organize under the laws of
the State of Florida with its registered office as
indicated in the Articles of Incorporation at
3400 Lakeview Blvd
Delrav Beach. FL 33445
has named Mr. Dane Mark
located at the aforesaid address, as its Registered
Agent to accept service of process within this state.
----
ACKNOWLEDGEMENT
Having been named as Registered Agent to accept
service of process for the above' corporation at the
place designated in this certificate, and being
familiar with the obligations of that position, I
hereby accept to act in this capacity, and to agree to
comply with the provisions of Florida law in keeping
open said office. ~ /': ~
(Registered~nt)
.
I
- '.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
- '1
FROM: CITY MANAGER 'f'/
l,
SUBJECT: AGENDA ITEM i qH - MEETING OF MAY 26. 1992
INITIATION OF COMPREHENSIVE PLAN AMENDMENT 92-2
DATE: May 22, 1992
This item is before you to authorize staff to initiate Comprehensive
Plan Amendment 92-2.
The significant features of proposed Amendment 92-2 include:
- Salient concepts of the Central Business District Geographic
Area of Exception (CBD-GAE), IIUrban Villagell scenario. Changes
are made to the Land Use Element to reflect the land use mix in
the CBD, including the ability to have residential density up to
30 units per acre. Changes are also made to the Traffic Element
to accommodate new Level of Service (LOS) standards.
-Changes to the Traffic Network Map.
-A Future Land Use Map Amendment introducing Industrial land use
to the area around the 20- Series Wellfield.
Other topics being addressed in this proposed Amendment include:
-Amendment to 5-Year Schedule of Capital Improvements to
accommodate a ball field by the Boy Scout Hut and acceleration
of the Leon Weekes Preserve project.
-Inclusion of data and policies pertaining to railway facilities.
-Inclusion of data and policies pertaining to the City Marina.
-Changes to accommodate the manner in which the ClP is
administratively prepared.
A first draft of the proposed changes is available for review in the
Planning Department.
The Planning and Zoning Board at a workshop meeting in March reviewed
the general contents and topics addressed in this Amendment. At that
time, the Board had no objections or additions to the contents or
topics of the Amendment. The Board will formally review the
specifics of the Amendment at their workshop on May 28, 1992.
Recommend approval of request to initiate Comprehensive Plan
Amendment 92-2.
f.j 1-0 I
CmouuJ c!rSSf:/JV7t?9 _ &/J)
~/1(!Em ,eE tm?Si 7lf If)
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: 0ID T. HARDEN, CITY MANAGER
, '~CLAwJ ~'UC'~b
FROM: "'-" DAVID J. KOVACS, 01 EC OR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF MAY 26, 1992
INITIATION OF COMPREHENSIVE PLAN AMENDMENT 92-2
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
initiating Amendment 92-2 to the City's adopted
Comprehensive Plan.
Pursuant to LOR Section 9.2.1, "a Plan Amendment shall only
be initiated by formal action of the City Commission",
thus, this item is before the Commission for formal action.
BACKGROUND:
The City is allowed to enact two Amendments to its Comprehensive
Plan each year. Our first Amendment (92-1) was transmitted to
the State for review on April 16, 1992. Final adoption of
Amendment 92-1 is anticipated to occur in late August 1992.
The second Amendment (92-2), normally addresses specific items
which need attention prior to the end of the year. In the
course of preparing the 2nd Amendment, some administrative and
corrective items are also addressed. The significant features
of proposed Amendment 92-2 include:
1. Salient concepts of the CBD-GAE, "Urban Village" scenario
which was embraced within our GAE application. Changes are
made to the Land Use Element to reflect the land use mix in
the CBD, including the ability to have residential density
up to thirty units per acre. Also, changes are made to the
Traffic Element to accommodate new L.O.S. standards.
2. Changes to the Traffic Network Map relating to updated
L.O.S. standards, updated roadway jurisdiction, and street
name changes.
3. A Future Land Use Map Amendment introducing Industrial land
use to the area around the Series 20 wellfield.
'.
~..~ of. *.
City Commission Documentation
Initiation of Comprehensive Plan Amendment 92-2
Page 2
Other topics being addressed in this proposed Amendment include:
* Amendment to the 5-year schedule of capital improvements to
accommodate a ballfield by the Boy Scout Hut and
acceleration of the Leon Weeks Preserve project.
* Inclusion of data and policies pertaining to railway
facilities.
* Inclusion of data and policies pertaining to the City
Marina.
* Changes to accommodate the manner in which the CIP is
administratively prepared.
* Other items.
A first draft of the proposed changes is available in the
Planning Department offices for review.
The proposed processing schedule for Amendment 92-2 is:
May 28 Planning and Zoning Board work session
June 15 Planning and Zoning Board public hearing
June 23 City Commission transmittal hearing
November 3 Receipt of ORC Report from the State
Department of Community Affairs
December 8 Adoption of Amendment 92-2
PLANNING AND ZONING BOARD CONSIDERATION:
Staff reviewed the general contents and topics of Amendment 92-2
with the Planning and Zoning Board at a workshop meeting in
March. At that time, the Board had no objections or additions
to the content or topics being addressed by the Amendment. The
Board will formally review the specifics of the Amendment at
their workshop of May 28, 1992, in preparation for the June 15th
public hearing.
RECOMMENDED ACTION:
By motion, initiate Plan Amendment 92-2.
T:CCI92-2.DOC
"
, .- .
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
-/ /
FROM: CITY MANAGER '1)/
SUBJECT: AGENDA ITEM tt '1.I. - MEETING OF MAY 26. 1992
ATLANTIC AVENUE BEAUTIFICATION/N.W./S.W. 12TH AVENUE -
SWINTON AVENUE
DATE: May 22, 1992
We have received the bids for the Atlantic Avenue Beautification
project. This project is for installation of paver block sidewalks
along Atlantic Avenue between N.W./S.W. 12th Avenue and Swinton
Avenue. The low bid for this project came in at $246,795.32. Of
this total, $196,800 has been budgeted in the Decade of Excellence
Bond Issue and $21,728.20 will be funded by the Community
Redevelopment Agency. There remains a short-fall of $28,267.12.
There are several alternatives available to abate the budgetary
short-fall for this project:
-Use interest earnings to supplement project funding.
-Modify the project scope to delete the construction of paver
block sidewalks through curb cut driveways (savings - $19,700).
-Use stamped, colored concrete or Bomanite instead of paver
blocks for sidewalk reconstruction (savings - $42,214).
-Delete the sidewalk on the north side of Atlantic Avenue in
front of the existing main fire station and tennis courts
(savings - $12,362).
A detailed staff report is attached as backup material for this
item.
Consider modifying the scope of the Atlantic Avenue Beautification
project and/or identifying additional funding to address the project
funding short-fall, and award the project to the low bidder.
'.
.
.
,
DEPARTMENT OF ENVIRONMENTAL SERVICES
MEMORANDUM
TO: DAVID T. HARDO
CITY MANAGER
THRU: WILLIAM H. GREENWOOD $~
DIRECTOR OP ENVIRONMENTAL SERVICES
FROM: RICHARD C. HASKO, P.E. r1~
CHIEF DESIGN ENGINEER '
DATE: MAY 18, 1992
SUBJECT: ATLANTIC AVENUE BEAUTIFICATION
N. W. 12TH AVENUE TO SWINTON AVENUE
PN 91-60
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Attached is a copy of the bid tabulation for the referenced
project as well as a previously transmitted agenda request to
which has been added a supplementary information page at your
direction. The supplement outlines the funding alternatives for
project construction as discussed in our meeting of May 15th.
The Decade of Excellence funding account for this project,
Account No. 225-4141-572-61.49, currently has a balance of
$ 196,800.00, while the lowest responsible responsive bid is
$ 246,795.32, from Dutch Construction Co. with $ 21,728.20 of
the contract proposal being funded by the CRA, the remaining cost
to the City is $ 225,067.12.
Additional funds could be made available in the form of interest
earnings to supplement the account balance and cover the
construction cost of the project scope as currently designed.
Alternatively, the funding shortfall can be reduced by
approximately $ 19,700.00 by mOdifying the project scope to
delete the construction of the paver block sidewalks through curb
cut "driveways. The existing monolithic slab dri veways would
remain concrete with paver block sidewalk abutting them on either
side. This alternative would reduce the funding shortfall to a
value of $ 8,567.12.
Another alternative for reducing the construction cost is to use
stamped, colored concrete, or "Bomanite", instead of paver blocks
for sidewalk reconstruction. In this scenario, the total
1 of 2
'I
construction cost, would decrease from the current base bid of
$ 225,067.12 to approximately $ 183,000.00.
Please advise us of the direction you want us to proceed.
DH:kt
File: 91-60 (D)
AGSUPPS.KT
DH:kt
Attachment
cc: Ralph E. Hayden, City Engineer
Rob Taylor, Assistant City Engineer
File: Memos to David T. Harden
91-60 (D)
DHDH518.KT
2 of 2
.
. -
AGENDA REOUEST SUPPLEMENT
The total proposed contract amount for construction of the
beautification project is $ 246,795.32. Of this total,
$ 21,728.20 is to be funded by the eRA, leaving the City's
remaining cost at $ 225,067.12. The current balance in the
funding account for this project is $ 196,800.00, leaving a
shortfall of $ 28,267.12. Funds are available in the form
of interest earnings to supplement project funding and cover
constructions costs for the entire scope of services as
currently designed.
Alternatively, the funding shortfall can be reduced by
approximately $ 19,700.00 by modifying the project scope to
delete the construction of the paver block sidewalks through
curb cut driveways. The existing monolithic slab driveways
would remain concrete with paver block sidewalk abutting
them on either side. This alternative would reduce the
funding shortfall to a value of $ 8,567.12.
Another alternative for reducing the construction cost of
the project as designed is using stamped, colored concrete,
or "Bomanite", instead of paver blocks for sidewalk
reconstruction. In this scenario, a total of $ 169,964.00
would be deleted from the construction costs, which
represents the total bid amounts for paver blocks, concrete
retaining curb, and 4" shellrock base. In its place, the
"Bomanite" sidewalk, estimated at $3.50 per linear foot,
would cost $ 127,750.00 for a similar quantity as currently
specified for paver block. The total reduction in
construction cost would be the difference between the
deleted items and the "Bomanite" substitution, or
$ 42,214.00. The total construction cost, then, would
decrease from the current base bid of $ 225,067.12 to
$ 182,853.12, well below the current funding account balance
for the project.
DH:kt
File: 91-60 (D)
AGSUPPS.KT
'.
MEMO CITY OF DELRAY BEACH 1i'- . ~
*'-
ENVIRONMENTAL SERVICES DEPARTMENT
TO : ~AL-pt+ t--' -+, iI ~,J DATE . 5 - l "2 -'11---
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-- --------.'-., .
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER rJv'!
(,.
SUBJECT: AGENDA ITEM i ~S - MEETING OF MAY 26. 1992
SERVICE AUTHORIZATION NO. 4/MOCK. ROOS AND ASSOCIATES
DATE: May 22, 1992
This is a service authorization in the amount of $28,500 to the
contract with Mock, Roos and Associates for additional surveying
services necessary to complete the Stormwater Master Plan.
Under the provisions of the original service authorization, the City
was to provide aerial photographs of the City. Subsequently,
because of the extremely high cost of providing those photographs
($140,000 for the entire City and $70,000 for critical areas), staff
has recommended that this service authorization be considered.
Recommend approval of Service Authorization No. 4 in the amount of
$28,500 to the contract with Mock, Roos and Associates for additinoal
surveying services necessary to complete the Stormwater Master Plan;
with funding from Stormwater Master Plan (Account No.
448-5411-538-62.12).
~ ~-O
.
".
...
MEMORANDUM
TO: David T. Harden
City Manager
THRU: William H. Greenwood
Director of Environmental Services
FROM: Robert Taylor f.6 r
Asst. City Engineer
SUBJECT: STORMWATER MASTERPLAN FIELD SURVEY -
PROPOSED SERVICE AUTHORIZATION NO. 4
MOCK, ROOS & ASSOCIATES - PROJ. NO. 91-63
DATE: May 13, 1992
Attached is an agenda request, the proposed Service Authorization
No. 4 and the approved Service Authorization No. 1 (Stormwater
Masterplan) to Mock, Roos & Associates (MRA) . Service
Authorization No. 4 is for survey work necessary to prepare final
drainage basin boundaries for the Masterplan.
This additional work is necessary because the city has decided
not to provide aerial contours as was specified in Service
Authorization No.1. At the time that Service Authorization No.
1 was approved, indications were that aerial photographs with one
foot contours were going to be flown for the entire city so that
they could be used for this project as well as the other Decade
of Excellence and Capital Improvement Construction projects.
When after some time these aerials were not flown, I took it upon
myself to pursue this matter so that the Masterplan would not be
delayed and at the direction of the previous City Engineer, I
received cost information from MRA and Bosworth Aerials. Because
of the cost (approximately $140,000), we reduced the area to be
flown to critical areas, assuming we had adequate information in
the other areas of the city. Again, these costs (approximately
$70,000) were deemed too high, so I was directed to see if the
Masterplan could be completed with existing information and some
supplemental field survey data. service Authorization No. 4 is
MRA I S proposal to provide what they feel is the minimum data
necessary to obtain meaningful results from the Masterplan.
"
Also attached is a budget transfer request to move additional
fund~ into the line item for the current stormwater masterplan.
We ask that you recommend approval of these services so that this
project is not delayed further. If you have any questions
regarding this matter, please give me a call.
,
~r:V (;7 (
~~I
Robert Taylo
RT:snun
ATTS:
cc: Ralph Hayden, City Engineer
Bob Walker, Mock, Roos & Associates
File: Memos to City Manager
RTSWMAST.DOC
Project No. 91-63 (D)
.j,'~" .
/
MOCK, ROOS & ASSOCIATES, INC.
CITY OF DELRA Y BEACH '
CONSULTING SERVICE AUTHORIZATION
DATE: May 5. 1992
SERVICE AUTHORIZATION NO. --L FOR CONSULTING SERVICES
CITY P.O. NO. 507182 CITY EXPENSE CODE 225-3162-541-61.17
PROJECT NO.: 92-05 (CnY) 92-113 (MOCK, ROOS & ASSOCIATES, INC.)
TITLE: Field Survey for Elevation Contours
This Service Authorization, when executed, shall be incorporated in and shall become an
integral part of the Contract, dated 9-16-91 ,between the City of Delray Beach and Mock,
Roos & Associates, Inc.
I. PROJECT DESCRIPTION
Professional services in connection with the development of elevation contours in the
areas shown on Exhibit A.
II. SCOPE OF SERVICES
1. Perform a field elevation survey in the areas shown on Exhibit A. Through
this survey, the consultant will obtain the centerline road elevation of each
intersection and a point at mid-block between intersections.
2. Plot the elevations and develop a one foot contour map for the above areas
of the City.
3. Use the above one foot contour map in the preparation of the City-wide
Stormwater Master Plan which is being prepared by the Consultant under
Service Authorization No. 1.
III. BUDGET
Compensation for these services shall be a lump sum amount of $28,500.00. See
Exhibit B for detailed costs.
IV. COMPLETION DATE
60 calendar days after approval of this Service Authorization.
1
"
. .
, .
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 is 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 DELRA Y BEACH: MOCK, ROOS & ASSOCIATES, INC.
Date Date 2--
Thomas E. Lynch ' ---:<
Robert J.~?P.E.
Mayor Vice Preside
Attest: ~ Q. ~
Witness \
Approved as to Legal Sufficiency ~' ~'//~.-I
and Form
STATE OF Floirda
COUNTY OF Palm Beach
The foregoing instrument was acknowledged before me this $'iLday of ~,
1992 by Robert J. Idal ker ,Vice President (name of officer or agent, title of of lcer
or agent), of Mock, Roos & Associates, Inc. (name of corporation acknowledging), a
Flori da (state or place of incorporation) corporation, on behalf of thf corporation.
persona ly
He/She is (personally known to me)( or has produced identification) known to me
(type of identification)( as identification) and (did/ di not) take an oath.
Name of Acknowledger Typ- .L - . . - -.
. .
. ...~
NotIry NIID 11..01 FIarfdI
Mw~e.-JAN 07.1'-
COMM.M 737&40
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MOCK, ROOS & ASSOCIATES, INC.
CITY OF DELRAY BEACH
CONSULTING SERVICE AUTHORIZATION
DATE: AUGUST 5. 1991
SERVICE AUTHORIZATION NO. 1 FOR CONSULTING SERVICES
CITY P.O. NO. C;03.z30 CITY EXPENSE CODE 448-5411-538-62.12
PROJECT NO.: 91-63 (CITY) 91-167 (MOCK, ROOS & ASSOCIATES, INC.)
TITLE: STORMWATER MASTER PLAN
This Service Authorization, when executed, shall be incorporated
in9a~ shall become an integral part of the Contract, dated
-/ -1'/ , between the City of Delray Beach and Mock, Roos &
Associates, Inc.
I. PROJECT DESCRIPTION
The Preparation of a City-wide Stormwater Master Plan.
II. SCOPE OF SERVICES
INTRODUCTION:
This Scope submittal is to provide a basis for discussion and
agreement upon a Scope of Service for a Stormwater Master Plan for
the City. This submittal is presented in two categories: 1) a
brief description of the final product and 2) a listing of
service, exhibits and coordination efforts, that will be needed to
achieve the final product. The product described below is a
Stormwater Master Plan for the entire City of Delray Beach.
The following is a description of the proposed final product.
FINAL PRODUCT:
I. Background Data and Historv
II. Maps (using existing city Atlas Maps which are on CADD)
A. Existing conditions including:
1. Contours (based upon l' contour maps produced
by others and provided to us on CADD disk)
2. Existing Drainage Systems and Outfalls
( 3. Land Use (only in the detail necessary for
storm drainage "c" factors) and soils maps.
B. Proposed condition including:
1- Drainage Areas
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2. Proposed Stormwater Collector Outfall System.
3. Possible Detention/Retention Locations and
Systems
III. Recommendations Section
In this section, the following items would be discussed
and proposed:
A. Level of service standards.
B. The coordination required between the city and South
Florida Water Management District, Lake Worth
Drainage District, FOOT, Palm Beach County, EPA, and
other permitting agencies.
c. Review of existing typical roadway cross sections.
D. Proposed design regulations for new development in
the city, including a proposed new code section
6.1.9, DRAINAGE SYSTEMS.
E. Proposed design regulations for built-up areas of
the city.
F. Review of rainfall intensity recommended for the
system.
G. Recommendations for the coefficient of runoff for
various areas of the city.
H. A review of the capacity and condition of the
existing piping systems and jurisdiction for each.
I. Stormwater quality criteria as it relates to current
regulations.
J. Quantity criteria as it relates to current
regulations.
K. Related comprehensive plan review items as required
by the State in Chapter 9J-S, "Minimum criteria for
Review of Local Government Comprehensive Plans and
Determination of Compliance".
L. A list of projects and priorities.
M. Rules and methods for changing priorities on the
above list of projects.
N. The study area boundary will be the city limits plus
presently identified annexation areas.
O. The report shall be arranged so that "Technical
Memoranda" will be an integral part of the report.
2
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There shall be a' chapter in the report for each
drainage basin.
IV. Cost estimates and Phasing
In this section of the study, cost estimates will be
presented for each proposed drainage area. Phasing will
be recommended based upon stormwater drainage needs.
PROPOSED SERVICES:
In order to provide the above final product, the following
items of service are proposed for your consideration:
A. compile and review existing stormwater permits and report
upon the relevance of these permits to the study.
B. Review previous drainage reports and discuss the
relevance and acceptability of these reports to the final
study.
C. Review existing stormwater systems and plot on the report
drawings. (Incluuing a maximum of 80 man hours .of field
investigation time)
D. Identify known problem stormwater areas and discuss the
severity of the individual problems.
E. Coordinate proposed stormwater systems with Lake Worth
Drainage District, SFWMD, Palm Beach County, and FDOT as
applicable to their facilities.
F. Plot the Land Use Map data in the amount of detail that
is pertinent to storm drainage runoff coefficient.
G. Review and plot soils map data as appropriate.
H. Develop and/ or review quantity criteria to be used in
pipe sizing.
I. Develop technical memoranda for discussion for: street
cross sections, "c" factors, rain fall intensity factors,
development regulations, EPA, SFWMD coordination, LWDD
coordination, and DOT coordination.
J. Develop drainage areas.
K. Develop and/or review quality criteria and
recommendations for review and discussion.
L. Complete the report (50 copies) on the above including
review meetings with staff and a maximum of 2
presentations to City Boards or Public Hearings.
M. Schedule for report completion is 6 to 9 months.
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III. BUDGET ESTIMATE OF SERVICES
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IV. COMPLETION DATE
Nine (9) months after Notice To Proceed from the City.
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 DELRAY BEACH: MOCK, ROOS & ASSOCIATES, INC.
AUGUST 5. 1991
/ W liam E. H111, Cha
~a~ .
W1tn ss ~
w~~ 0-. ~
1 ness
Attest: OJJ~il}Jf',JV tplJiJfJ( BEFORE ME, the foregoing
instrument, this 5th day of
Auaust , 1991, was acknow-
ledged by William 'E. Hill
on behalf of the Corporation
and said person executed the
same free and voluntarily for
the purpose therein expressed.
witness by hand and seal in the
Co':!,nty and State ~resaid this
..::::; ~ day of' ~. d ,
1991. ~
N~Ub1i .
state of Flor -
My Commission Expires:
"OT~RY I"UI!.LIC. STATE OF FLORIDA.
MY ~OMl\lf:;::IION EX,.IRESI JAN. 7. UU.
aOND&. TNAU "OT"'"., ,.ulU.U~ U..DII....IUT..,...
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City of Delray Beach
Departmental Budget Transfer
(1) Departmental Une Transfer (2) Date May 13. 1992
(3) Interfundllnterdepartmental Transfer (4) Batch Number 29/ESD - Engr
(5) Requested By: Robert Taylor. Asst. City Engineer W
(6) ACCOUNT NUMBER (7) DESCRIPTION (8) TRANSFER OUT (9) TRANSFER IN
448-5411-538-33.15 Consulting $ 13,500
448-5411-538-33.19 Other Professional Svcs 9.000
448-5411-538-62.16 Drainage Phase I 6,000
448-5411-538-62.12 Stormwater Masterplan $ 28,500
(10) TOTAL $28,500 $ 28,500
JUSTIFICATION: Funds necessary for providin2 surveyin2 services associated with
the Stormwater Masterplan. ProiectNo. 91-63
/1
Department Head ~~- ~ - l7~fylez Asst City Manager
Budget Officer City Manager
(11) Budget Revision Date (12) Control Number
(13) Period (14) Count
""",""..... "' .~"'~ "".... "",, ~.. - _...'" iP'__..__.._.._
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERttr1
SUBJECT: AGENDA ITEM # q\<. - MEETING OF MAY 26. 1992
REJECTION OF BIDS/PUBLIC WORKS COMPLEX GARAGE
DATE: May 22, 1992
This item is before you to reject the bids received on the Public
Works Complex garage area and to authorize staff to readvertise the
project. Three bids were received for this project. One bid was
incomplete and the other two bidders attached qualifying statements
to their proposals limiting the scope of construction included in
their bid prices. Staff feels it is in the City's best interest to
reject all bids and readvertise this project.
Recommend rejection of bids received on the Public Works Complex
garage area and authorize staff to readvertise the project.
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Agenda Item No.:
AGENDA REOUEST
Date: May 19, 1992
Request to be placed on:
~ Regular Agenda
_____ Special Agenda
_____ Workshop Agenda When: May 26, 1992
Description of item (who, what, where, how much): Staff requests City Commission
re;ect all bids received for the construction of renovations to the Public Works
Complex garage area (PN 92-19), and authorize re-advertisement of the pro;ect for
bids. Of the three (3) bids received one was an incomplete proposal ("no bid"
entered for three bid items). and the remaining two bidders attached qualifying
statements to their proposals limiting the scope of construction included in their
bid price for various bid items. Staff feels it is in the City's best interest to
reject all bids and re-advertise the pro;ect in an amended format to better
accomodate the required scope of construction.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation~ S aff recommends Cit Commission re'ect all bid ro osals for
the Public Wor s enovation Pro;ect (PN 92 19), and re advertise the project
for bids.
Department Head Signature: ~~~~ _-r//f'~'Z.-
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable)
Budget Director Review (required on all items involving expenditure of funds):
Funding available: YES/NO
Funding alternatives (if applicable)
Account No. & Description
Account Balance
City Manager Review:
Approved for agenda: (!!)/NO fJV1
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
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DEPARTMENT OF ENVIRONMENTAL SERVICES
MEMORANDUM
TO: DAVID T. HARDEN
CITY MANAGER
THRU: WILLIAM H. GREENWOOD
DIRECTOR OF ENVIRONMENTAL SERVICES
FROM: RALPH E. HAYDEN, P.E. ~ /
CITY ENGINEER ~ ~
DATE: MAY 19, 1992
SUBJECT: PUBLIC WORKS COMPLEX RENOVATIONS
PN 92-19
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Attached is a bid tabulation for the three (3) bids received for
the subject project. Due to the fact that irregularities exist
in all three bids, staff is recommending rejection of all bids
and re-advertisement of the project. Of the three bids received,
one is incomplete, with "no bid" entered for three bid items, and
the remaining two were received with qualifying statements
attached, limiting the scope of construction included in their
bid amount for various bid items.
For the foregoing stated reasons, I am attaching an agenda
request recommending rejection of all bids and re-advertisement
of the project.
REH:kt
Attachment
cc: Richard C. Hasko, P.E., Chief Design Engineer
Richard Corwin, Director of Public Works
Jerry Rude, Superintendent of Fleet Maintenance
File: Memos to David T. Harden, City Manager
RHDH519.kt
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Dolhn
Cent.
7 R""o"~ , dlspae. o( 'LS 1
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Dollar.
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:f.Jn
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Total F,va!ullted aid 5~ 350-
Ud 1 le.a 1 through 11 ( in vorlla.)
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MEMORANDUM &. ~ ucxd
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ti i
I
SUBJECT: AGENDA ITEM /I 9 L- - MEETING OF MAY 26, 1992
CONSIDERATION OF RESOLUTION NO. 52-92/VOTER CONTROL OF
CITY TAXES
DATE: MAY 22, 1992
At the May 12th regular meeting, the Commission was asked to
consider adopting Resolution No. 52-92 supporting a state
Constitutional amendment that would allow each city government
to design a tax structure compatible with their individual
community goals and place it on the ballot. Voters could then
choose between the existing tax structure or this new proposed
tax structure. After discussion, the Commission voted to defer
action and directed staff to obtain additional information,
including any examples of tax structures designed by other cities
based on the premise of fiscal home rule.
We contacted the Florida League of Cities in this regard, but
were unable to obtain specific examples of independent municipal
tax structures. It is my understanding that the League is in the
process of preparing this type of information, although it will
not be available for a month or so.
In addition to the information previously provided, attached for
your review is a copy of the House Joint Resolution which
proposes the Constitutional amendment that would allow, with
certain exceptions, cities to design their own tax structure with
approval by their voters, along with two more articles from
Quality Cities magazine which may help to answer some of your
questions.
The only action requested of the Commission at this time is to
consider the adoption of Resolution No. 52-92. The resolution
simply supports placing the question of a Constitutional
amendment to allow voter control of city taxes on the November
1992 ballot so that the voters can make the decision.
Recommend consideration of Resolution No. 52-92 supporting a
state Constitutional amendment which provides for voter control
of city taxes.
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RESOLUTION NO. 52-92
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, SUPPORTING A STATE
CONSTITUTIONAL AMENDMENT WHICH PROVIDES FOR VOTER
CONTROL OF CITY TAXES.
WHEREAS, the tax sources of cities are strictly
regulated and limited by the state Constitution and/or the state
Legislature; and,
WHEREAS, the Legislature has required cities to
implement and comply with inequitable property tax procedures, to
operate with narrow and restrictive tax sources, and to suffer
increasingly inequitable formula allocations of state shared
revenues; and,
WHEREAS, the severe financial problems facing Florida's
city governments are well documented and remain unchallenged;
and,
WHEREAS, the Florida Taxation and Budget Reform
Commission studies show that cities have exhausted most of their
discretionary taxing capacity and will be confronted with
substantial financial shortfalls during this decade; and,
WHEREAS, the cities of Florida have consistently and
diligently sought expanded and flexible taxing capacity from the
Florida Legislature without success; and,
WHEREAS, federally shared dollars with cities have all
but disappeared and remain a low national priority; and,
WHEREAS, previous decades have provided major shifts
for program costs from the federal and state to city governments
through innumerable unfunded mandates; and,
WHEREAS, cities' citizens should be provided an
opportunity to evaluate and implement the tax sources most
appropriate to their community needs; and,
WHEREAS, many citizens believe they no longer can
influence public decisions and believe the political process
deprives them of strength and influence: and,
WHEREAS, most citizens believe they should have a
direct say in how they are taxed: and,
WHEREAS, this is an appropriate time to review the
unlimited power of the Legislature to authorize and control all
municipal taxing policy and carefully consider returning taxing
authority to the voters of the cities.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City of Delray Beach will support
a Constitutional amendment that would provide for each city
government to secure the taxing powers their voters authorize by
allowing city officials to design an ongoing tax structure that
is compatible with their individual community goals and place it
on the ballot for their voters to express their preference for
the existing tax structure or this new proposed tax structure.
Section 2. That the City of Delray Beach will work
with all cities in Florida and the Florida League of Cities to
ensure that this Constitutional amendment is placed on the
general election ballot in November of 1992.
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-- -----~- -----
Section 3. That copies of this resolution be sent to
all members of our legislative delegation.
PASSED AND ADOPTED in regular session on this the
day of , 1992.
MAY 0 R
ATTEST:
City Clerk
, - 2 - Res. No. 52-92
House Joint Resolution No.
A joint resolution proposing the amen9ment of Section 9, of Article
W, of the State Constitution, to authorize municipalities to levy certain
taxes to enable them to conduct municipal government, perform municipal
functions, and render municipal services, provided such taxing authority
is approved by a majority of the municipality's electors voting in a
referendum.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF FLORIDA.
That the addition of Subsection (c) of Article VII of the State Constitution set forth
below is agreed to and shall be submitted to the electors of Florida for approval or
rejection at the general election to be held in November 1992.
ARTICLE VII
FINANCE AND TAXATION
SECTION 9. Local taxes. -
Cd In additional to any tax otherwise authorized by ieneral law, and
notwithstandini any limitation on taxation otherwise provided in Articles VII and XII,
municipalities shall have the power to levy taxes, and provide for exemptions therefrom,
in the manner provided in. this subsection, to enable them to conduct municipal
government, perform municipal functions and render municipal services. The governing
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I body of a municipality may. by ordinance. submit to the electors of said municipality
a proposed amendment to its charter. which amendment may authorize the municipality -,
I to levy taxes and provide for exemptions therefrom. The ioveming body of the
I municipality shall place the proposed amendment contained in the ordinance to a vote
of the municipality's electors at the next ~eneral election held within the municipality
I or at a special election called for such purpose. Upon adoption of the amendment by
a majority of the electors voting in a referendum upon such amendm:ent. the governing
body of said municipality shall have the amendment incotporated into the charter and
shall file the revised charter with the Department of State. The amendment shall become
effective 10 days following the adoption of the amendment by a maiority of the electors
voting in a referendum upon such amendment or at such time as is otherwise provided
in the proposed amendment contained in the ordinance calling for the referendum. Any
tax authorized pursuant to this subsection may be repealed in the same manner as the
tax was initially authorized. Nothing in this subsection shall authorize a municipality
to place a tax upon estates or inheritances or upon the income of natural persons who
are residents or citizens of the state. upon the net income of residents and citizens that
,
are not natural persons who are residents or citizens of the state. or upon the sale of
tangible personal property. Nothing in this subsection shall be construed to repeal any
municipal taxing authority in effect on the effective date of this subsection.
BE IT FURTIiER RESOLVED that in accordance with the requirements of section
101.161, Florida Statutes, the title and substance of the amendment proposed herein shall
appear on the ballot as follows:
5
-"-'-. ,-- .
MUNICIP At TAXING AUTIiORlTY
Authorizes municipalities to levy certain taxes to enable them to conduct
municipal government, perform municipal functions and render municipal services,
provided such tax is authorized by a majority of the municipality's electors voting in a
referendum.
EXPLANATION:
This joint resolution is a proposed constitutional amendment that would allow, with
certain exceptions, cities to design their own tax structure with approval by their voters.
This proposal would amend Section 9 of Article 7 of the state Constitution and would
allow municipalities to adopt an ordinance that designed a new tax structure' by
ordinance and it would be submitted to the municipalities voters in the form of a charter
amendment. The tax structure could be changed at a future date by following the same
procedure.
Cities would not be authorized to include in the new tax structure any tax upon estates
or inheritance, personal income, net corporate income, or a sales tax on goods.
Should the new tax structure not be adopted by the voters, then the existing tax
structure would remain.
All taxes not specifically excluded would be available for the cities to consider. For
example, a city could make changes in the property tax to provide for the abolition of
property taxes on homes.
6
'.
Tell Me More About
'Voter Control of City Taxes
For two decades. dty oC!lI'4S11. voters rejected the new tax: .truc- between the new tax proposal
have been asldng the t ~.lature ture. the dty would retaJn the and the ex1st:lng one. The pro-
to revtew, update and change exl8Ung tax structure. No 1Ddi- poea1 would not &Bow a change in
their tax structure to ct vtdual or group could place a state lawa regard1ng W11fonn
more f1ex1bf1ity at the ocalleve1 Pfopo6ai on the baDot except the aa.'eI~mta and unifonn millage
for revenue sources. Currently, dly cound1-by adopting an ordI- rates.
state laws provtde only three tax: nance. nus IAU~ does not ea~tly. this proposed con-
8Ourt:eS to an dUes and each 18 affect state shared revenues, nor sUtuUonal amendment would do
capped ar frozen. OUes are reIi- does 1t a6ect a dty's authortty to what dty ofR(ot.llls have been ask-
ant on a property tax that over 15 levy and collect fees. It does not lng the T 1fc1ature to do for two
percent of the pubUc believes 11 a6ect taxes paid by people or decades, With the added provt-
unfair. And. fnmldy,1t Is hard to businesses to counUes, ~. sion of referendum approval.
argue With them! the state. or any other taxsng Recent poI1a show that 80 per-
Regan:I1aa of the ta8Or'8. the authortty. Oty 0"'1'4S11. would be cmt of FlOl1da'. dUzen~a support
r 91ature bas refused to ad- demed the opportuntty to \lie the tbia CODCepL 1bere fa not even
en.. the problems of the rmmfd- CoIlowfng taxes In the1r DeW tax: majority== far any other
pal tamg structure. So, the structure: penaaal ~ tax. ,.1ua"~ in government tax
f10rfda League of ClUes' Bo8rd of tax on estates ar 1DberttaDces, structure.
0Irect0ra put together a P'~ tu:ea CD the se1e of tangtbJe 11M plopoe.llncludes the
to lIOlve the ftnA~l problems of gooda wnm1~ to the c:un:eat state laag-ume goal of dty offtdals
F1ortda's dUes. 1Jke the man- sales tax). ar taxes an the pro6ta wanting 8Ica1 home rule and the
dates ~ervbneJ'lt. this plopoeal of corporat1oDa (corporate pro8t poet-meptreDda move by the
was born out of frustration frOm taxJ. pubUc to have a more parttdpa-
the Leglatature's ~11f".- to Would this create a hodge- tary democracy. This 18 the only
deal wttb ft~g pubJic servtcea podge of tax: structures in cIUfer- tax ~opu68l that w1I1 work ancl
pravtded to ct~ by gcm:m- em dUel acroea the state? Yea. It generate pub11c support.
mmta otblr' tbanthe state. would prob&bly replace the cur- Oty nfRr4a1. provtde serv1ces
We caD tlda propmal. a pro- rem hodIe-podge wUb ~ that are vsy vsaable to dt:1zens.
poMd caaatItutfaaal a~. ODe. ~~. dUes levy cWI'er- aDd tbia IJ.ftIJ them a tremen-
Voter Coatrol of CIty TuIlL CIty eat p&~t.,. tales, uWtytuIM cb.1a adviDtage in a campaign to
0........... W&Dt the (,..letJn'e to aDd occupatloDalliceme tJaIa. leD votera OIl the IeYel of service
~.(jvn the 1 ~!'1f(l... cr;1ty pftdoco- not to ~~ttlW" the ~-!:y m th--y ....."'t md the met.hod of ft-
pby and allow them more Q-chtI_ ~ and coDectmg dUfereDt ~ that seMce. Remember.
sty In = local tax: densCone. types fees. if one J1ves in F1m1da. one pays
Voter' of OtyTaml would 'Ibia propuea1 would not dJ1ute taxes to the state, the county and
allow just that wUh a newly de- the effect of the recently adopted the ec~, but one only pays
s1pd tax: structure that would c:aaat1tut1oDal !:l"'fIIn~t re- taxes to the dty if one chooses to
be aubJect to approval by tbe dty prdIDg unfuDded state 1'IUI~~ live there. If one wants the advan-
votera. If p1sced CD the b&Dot III aDd dly ~.. would haft the tap of wbat urban Ufe brtngs
Navembes' by the LegIaIature. QI' au~ to IDcreaae 01' decreue (culture. public transportation.
the ~on and Budget RI:fanD the homestead ~. if their t~.:.paISce protection. street
0Vntnt...0I1. and apprcwed by a dt1zeDs approve. Tax ~~. .. , etc.), ODe pays for th1s
m&:jority of F1onda's voters. each fnt~<loed to proY1de autbartty fer h1gber quaJlly ofl1!e. Why not let
d~ tD the state would be gtwD dUes to revtew thfs as an 0ftI'aIl tb8ee people play a d1rect role in
the opdDa to destgn a DeW tax pa,.bge and not as each Indl- tf~ bow and how much they
structure and place it before their vidual tax idea comes alaag. Fu- are taxed? Some people might
own voters. lC the ID1.J1]jdpal vot- lure d~ coUDdls could rewr1te pay h1gber taxes 11' they thought
era approve the new tax struc- the tax structure and place it on the tax structure was fair.
ture, it would become law: 11' the the ballot. and Citizens would vote :..
gUAUIY CmES - MARCH 1992
Why We Must Have Voter
Control of City Taxes
hy Sharon C. Bern'(lIl
itizens are disillusioned with what is clearly one of the worst politicians, incumbents. big ,1.(0\"
all levels of government. Not budget crises in history. our citi- ernment. party politics and cor,
only have they lost faith in zens continue to become increas- ruption. It is a reaction against ,1
their political leaders. they ingly disenchanted with their sys- political system that is perceived
have lost faith in the political tern of government, Citizens con- as so autonomous that the public
system. Many feel that the sys- tinually express the view that they is no longer able to control and
tern has failed and that citizens' have lost confidence in their gov- direct it , . . impenious to public
voices are basically ignored. The ernment . . , all levels of their gov- directions: a system run by a pro-
time has come for an overhaul of ernment. They feel that their gov- fessional political class and con,
a system in turmoil. It is the re- ernments. at all levels. are failing trolled by money. not votes.
sponsibility of all governments to to be responsive to their needs. What's more. people do not belie\'c
"'onsider proposals that will re- and that they have little control this system is able to solve the
tore the public's confidence. The and influence over and input into pressing problems they face,"
1992 Florida Legislature had a policy decisions that have an In essence. many people are
chance to adopt such a proposal. enormous impact on their every- just as mad and disillusioned at
However. they refused to seize the day lives. the failed political system as the~'
opportunity. Moreover. citizens aren't just are at anyone politician. It's not
The Florida League of Cities disgusted-they are absolutely just a system that doesn't work: to
offered a proposal of municipal mad. many. it's a system gone bad.
fiscal home rule that would have Citizens are mad at the in-fight- All elected officials. including
put government back in the ing. the scandals. the excesses- locally elected omcials. owe a dutv
hands of the people. It is a solu- but most of all. citizens are just and a responsibility to their con-
tion whose time has come. It is a plain mad at being ignored. stituents to seriously consider
plan that offers citizens local con- In E.J. Dionne's 1991 book proposals designed to restore their
trol of their tax dollars. If given a titled Why Americans Hate Politics. constituents' confidence in their
chance, the people would not only he states that ~Over the last three government. The 1992 Legislature
embrace the concept. but would decades. the faith of the American failed to meet this challenge when
vote overwhelmingly for the pro- people in their democratic institu- it refused to adopt just such a
posal. which would give them a tions has declined. and Americans proposal-municipal fiscal home
voice in shaping their govern- have begun to doubt their ability rule. The proposal. which was
ment. Voter control of city taxes to improve the world through poli- otfered by the Florida League ot
brings us one step closer to re- tics. Voters doubt that elections Cities. but virtually ignored by the
pairing a political system gone give them any real control over Legislature. is "Voter Control of
bad. what the government does, and City Taxes. ..
half of them don't bother to cast
Today's Politics . . . ballots. .. Citizens Don't Want
Moreover, in a study prepared
A System Gone Bad for the Kettering Foundation by to Feel Left Out or
the Harwood Group. we are told Ignored
As the Florida Legislature that "there is a wide-spread public
<rapples with reapportionment. reaction against the political sys- Voter Control of City Taxes IS d
~wspaper accounts of la\ish tern. This reaction is more than
entertainment by lobbyists and I the familiar attacks on indi\.idual popular concept. In fact. a poll ot
FLORIDA LEAGUE OF CITIES
4
'I
600 registered Florida voters that simple one might wonder why government which. in turn. deter-
''lS conducted for the Florida this system is not already in mines how they live. ,-
ague of Cities by Frederick/ place. Citizens are "tired of feeling left
.:::ichneiders, Inc, (FSI) showed that I Voter Control of City Taxes is out. . . tired of being ignored. A
the majority of voters: a proposed constitutional major revolt is right around the
.I reject the current system of amendment that the Florida comer!
strict state control over what taxes League of Cities is urging the
local governments are allowed to Legislature to put on the Ballot A Call for Action-
levy: in November 1992. What You Can Do
j prefer that programs and It is a proposal that will allow
services be provided at the local citizens to take back the author-
rather than the state level: and ity to tax themselves, If approved The Florida League of Cities
.I support the concept of set- in November. this constitutional Board of Directors has asked
ting tax policy for cities at the local amendment would remove the every elected and appointed offi-
level through a vote by the citi- Legislature's absolute power to cial to personally contact their
zens, dictate tax structure and tax legislative delegation to seek their
Moreover, Floridians are paro- policy to Florida's 395 cities and immediate and active support for
chial. The problems and chal- would transfer that power to the an amendment to Florida's Con-
lenges of Tallahassee are not the voters of each individual city. stitution to enact the "Voter Con-
same as those in Key West or Mi- City officials would have the trol of City Taxes" proposal.
ami or Hypoluxo. Unique circum- authority to design an ongoing The Legislature is currently in
stances not only warrant, but de- tax structure that is compatible a series of special sessions to
mand. flexibility at the local level with their unique community's adopt reapportionment plans and
in structuring revenue sources r("sources and goals. It would be the 1992-93 state budget. All
and the delivery of services, The pidced on a citywide ballot. If the local government I1nancial pro-
voters know what they wish to voters approved the proposal. it posals have again been ignored.
purchase and how they'd like to would become the new tax struc- And according to all indications.
pay for it, Now all they need is a ture for the city, If the voters our proposals will probably not
system that will allow them to rejected it. the existing tax struc- I be addressed or reviewed by the
accomplish that result. ture of the city would remain, Legislature for several more
Florida voters are dear in their Basically, it would give the city years. In essence. nothing of 11-
sire to control their own tax and and its residents the opportunity nancial substance will occur for
uudget destinies at the municipal to pick between the tax structure municipal governments in the
level. that was designed by the state near future. That is why we must
The FSI poll showed that 80 Legislature and a tax structure take up the call for action and
percent of Florida citizens said designed by their city leaders. insist that this issue be placed on
they favor "changing the law so With only a [ew exemptions. the the ballot this November. Timing
that voters get to decide by major- tax structure could be as innova- I is critical because o[ the antici-
ity vote which taxes city govern- tive as your imagination, A city pated actions of the Taxation and
ments will impose or abolish": 93 might. for example. propose an Budget Re[orm Commission and
percent agreed with the statement increase in the occupational li- the fact that any other ballot pro-
"voters should have a direct say cense tax and eliminate property posals must wait until the next
over how thev are taxed," taxes on homesteads, The pro- statewide elections, which will not
As the I1sc8J resources at the posal is designed so it will not occur until 1994,
state level become more scarce jeopardize the state's major tax The Taxation and Bud~et Re-
and the demands for services be- revenues. form Commission will have the
comes greater. Florida has out- Why is this proposal so very opportunity to place directly on
grown the [ailed. paternalistic important? Because. i[ put on the ballot those constitutional
system o[ central ~overnment reg- the ballot it would be: (1) the only amendment proposals that re-
ulation over local fiscal policies, tax proposal debated this year ceive a strong consensus of sup-
The voters are ready [or a that will allow people the oppor- port [rom members. Currently,
change, Voters are ready for voter tunity to vote on their tax struc- they are completing the evalua-
control of city taxes. ture: (2) the only tax proposal tions. most of which relate to
that gives cities and their citi- state government matters. We
Voter Control of City zens the opportunity to change have encouraged them to adopt
or abolish property taxes: and our Voter Control of City Taxes.
Taxes . . . A New and (3) the only proposal that would but it appears this will not be one
Better System of allow citizens an opportunity to of their recommendations. And
control and direct their govern- Florida's citizens will be shut out
Government ment. o[ the process again, So here is
Instead of being on the outside what you need to do:
The concept behind "Voter Con- looking in. citizens would have a .I get educated on the issue of
trol o[ City Taxes" is so amqzingly voice in helping to shape their Voter Control of City Taxes, The
QUALI1Y CITIES - MAY 1992
5
""".""
Sample Resolution... League has sent Information to
all municipal officials on this I
proposal. However, more Infor-
A RESOLunON OF 1HE [City. Town. Villagel SUPPORIlNG A mation is available. Contact the
STATE CONS1ITlJTlONAL AMENDMENT WHICH PROVIDES FOR League for this material.
VOTER CONTROL OF CITY TAXES. .I you should send a letter to
your representatives and sena-
WHEREAS. the tax sources of cities are strictly regulated and tors requesting that they support
limited by the state Constitution and/or the state Legislature; and and vote for the Voter Control of
WHEREAS, the Legislature has required cities to implement and City Taxes proposal.
comply with inequitable property tax procedures, to operate with nar- .I the city should adopt a
row and restrictive tax sources, and to suffer increasingly inequitable resolution reaffinning the city's
formula allocations of state shared revenues; and support of Voter Control of City
WHEREAS, the severe financial problems facing Florida's city Taxes while requesting that the
governments are well documented and remain unchallenged; and Legislature take up. support and
WHEREAS. the Florida Taxation and Budget Reform Commission pass. durtng its special budget
studies show that cities have exhausted most of their discretionary session. a joint resolution plac-
taxing capacity and will be confronted with substantial financial short- ing a constitutional amendment
falls during this decade; and on the ballot to be voted on bv
WHEREAS, the cities of Florida have consistently and diligently Florida's electorate durtng the
sought expanded and flexible taxing capacity from the Florida Legisla- November 1992 elections. (See
ture without success; and sample resolution this on page.)
WHEREAS. federally shared dollars with cities have all but disap- .I you should hold a local
peared and remain a low national priortty: and press conference to inform the
WHEREAS. previous decades have provided major shifts for pro- press of. and educate them
gram costs from the federal and state to city governments through about. Voter Control of City
innumerable unfunded mandates: and Taxes.
WHEREAS. cities' citizens should be provided an opportunity to .I you should meet with your
evaluate and implement the tax sources most approprtate to their com- newspaper's editortal board'to
munity needs: and familiarize them with Voter Con-
WHEREAS. many citizens believe they no longer can influence trol of City Taxes and urge their
public decisions and believe the political process deprtves them of endorsement.
strength and influence; and .I you should plan a bIief
WHEREAS. most citizens believe they should have a direct say in discussion of the issue at city
how they are taxed: and commission meetings and get
WHEREAS. this is an approprtate time to review the unlimited citizens fired up about getting
po~er of the Legislature ~o authorize and control all municipal taxing control of their taxes.
policy and carefully conSIder returning taxing authortty to the voters of .I you should offer to do a
the cities. guest editortal on television.
Most television stations grant
NOW, THEREFORE, BE IT RESOLVED by the ICity. Town. Vil- free time to responsible spokes-
lagel: persons to express their views on
issues of interest to the commu-
Section 1. That the ICity. Town. Village) will support a Constitu- nity.
tional amendment that would provide for each city government to se- .I you should get other groups
cure ~e taxing powers their yoters authorize by allowing city officials to support and endorse Voter
to deSIgn an ongoing tax structure that is compatible with their indi- Control of City Taxes and its
vidual community goals and place it on the ballot for their voters to concept. Ask permission to use
express their preference for the existing tax structure or this new pro- their endorsements in press re-
posed tax structure. leases as well.
Section 2. That the [City. Town, Village! will work with all cities in Together we can make a dif-
Flortda and the Florida League of Cities to ensure that this Constitu- ference. As FLC President Martin
tional amendment is placed on the general election ballot in November has said, !be membership of
of 1992. this League. when suffiCiently
Section 3. That copies of this resolution be sent to all members of informed and mobilized, will 'be
our legislative delegation. able to achieve success in any
PASSED AND ADOPTED by the [City. Town, Village!. in official meIitortous Legislative en-
deavor. M .
meeting on this _ day of , 19_.
Sharon G. Berrian is director o(
public mJonnatiDn at the League,
FLORIDA LEAGUE OF CITIES
6
'I
05-05-92 13:08 P.B.CO. MUNICIPAL L~G~~_ , :.:.....' i 1_":'- ....._
~ .
.
RECEIVED -,
lilY S
CiTy 1992
Palm Beach County MUNICIP4tAtfAGUE
P.O. BOX 1989, GOVERNMENTAL CENTER, weST PALM BEACH, FLORIDA 33402 (407) 355-4484
KBXORANDUX
~I All Palm Beach County Mayors and Managers
I'RI Jack Horniman, pa~h County Municipal League
Executive Director
D'1' a May 5, 1992
0: Voter Control of City Taxes
_~m~s~=~~==~=~=~==_==~~=~=~#~=_;=_;~====
At the request of the Florida League of Cities, the Palm Beach
County Municipal League is being urged to inform its member cities
regarding the Voter Control of city Taxes legislation that will
likely resurface during the legislative special session tentatively
scheduled for May 18, 1992. This legislation, it approved, will
require that it be placed on the November 1992 statewide ballot.
I have attached a Florida League of cities memorandum dated April
24, 1992 regarding this matter for your information. Also attached
is a sample resolution provided by the Florida League of Cities for
your muniCipality'S use if such action is deemed appropriate by
your city.
The Florida Le~gue ot cities is also encouraging individual city
elected officials and other officials or staff that may be on
statewide committees, boards or task forces to notify their
respective legislators to express their support of this
legislation. If you have any questions regarding this matter,
eleher contact this office or Michael sittig, Assistant Executive
Director of the Florida League of Cities or Ken small, Director of
Economic Research, Florida League of cities.
05-05-92 13:09 P. 8. CO. ~lU~iICIPAL LEAGUE - - -, - --
5/5/92 TO: CITY CLEiK~ DIRECTOR OF FINANCE
C: euy !lIANAGER ill
,
!l,~ r 2 8 '~,-'1
-~-
FLORIDA LEAGUE OF CITIES, INC. ,
Memorandum
TO: ~ru.t..s, PLC Public Risk Services Programs
Presidents, Regional/Local League. ~
PLC Policy Committe. Member. \.)RGt.~\
Selected city Managers ~
Selected City Clerks
rROK: Kichael Sittig, Assistant Executive Director
DlTJU April 24, 1992
SU8.1ECT: youa COIl'1'ROL OF CIon 'fAUS - FLa BOARD AerIOH
~. Board of Directors of the Florida League of Cities held a special meeting
.n Irad.nton, Florida, to develop a legislative strategy tor adoption of our
propo..d constitutional a.mendllent providing an equitable tax system tor
plorida'. citi.s. The Legislature will meet in special session next month
(tentatively on Kay 18) to review budget and tax issues relating to state aDd
100al 9ovenaa.nt and it is our immediate goal to have this issue approved and
placed on the Nove~er 1992 statewide ballot.
'l'he Florida League or Cities' Board of Directors voted overwhelmingly to
support this amendment and to request all city officiale to qersonal~y pursue
this Wall outM eftort. As FLC President Martin has sald, "The .ember.hip of
this lAague, when sufficiently lntorll\ed ane! lIlobilized, will be able to
achieve success in any meritor10us Legislative endeavor." Please ask your
legislators to allow the public to vote on Voter eOD~rol of City Tax.. by
placing this amenciment on the Novelllber 1992 ballot. When you receive a
co..it..nt, please advise ae at the League so we may coordinate your efforts
to a sUCcessful end. The constitutional amendment will be introduced and
sponsored by Representative Harry Goode (Melbourne) and Senator Fred Dudley
(Cape Coral).
This proposed amendment would replace the Legislature' 5 absolute power to
dictate tax revenues for your city and transfer that authority to each city
council and the voters of each individual city (a brief explanation is
printed on the back). ~l1o opinloD poll. show ov.r .0 percent. ot our
oltl.e~. support. this approach.
Legi.lators .ust understand that their continuing failure to reform current
law. requlating city tax policy is, in effect, support for dramatic property
tax increase. in the tuture since all other authorized tax revenueS are
capped or li.ited. Recently, the Tax and Budget Reform commission estimated
that without significant legislative reform, OVer 25 percent ot Florida's
citie. will reach the constitutional 10 mill cap by 1995.
~ you have any questions, would like a sample resolution or additional
Lnfor.ation, please call me at (904) 222-9684 or 1-(800) 342-8112.
cc: FLC Board ot Directors
Attachl\ent.
201 w..t Park Aveoae . P.O. Bas 17~7 . TI-!l"J,u_. Florid. 32302-1757 . (90.) 222-9684 . Sun<:ot:!' ~'1'LI'\~~1
Control of City Taxes -
Voter
by LJ'nn Tipton
The Board of Directors of the Florida League of Observers of Florida politics
can take this commentary even
Cities is asking the regional leagues of cities further: people have historically
moved to the Sunshine State to
and the membership to express support for a get away from the large political
machines in their urban home-
constitutional amendment to be placed on the towns. or they have retired here
ballot in J.Vovember 1992 that would grant to benefit from the low tax rates,
In the past decade. however,
fiscal home mle powers to cities and their younger people have moved here
as well, and the demands for
citizens. If approved by Florida voters, this roads. schools and the more
"cosmopolitan" services have hit
constitutional amendment would remove the the various levels of government
like shockwaves. Through this
Legislature's absolute power to dictate tax period. however. the cry of "no
tax increases" and especially the
structure and tax policy to cities and would fight against the property tax
return that power to the voters of each have surrounded each attempt
by the respective governments to
individual ci~y. respond to the demands.
How do Florida voters really
feel about their taxes and the
services they receive? In a poll
conducted by FrederickjSchnei-
they cannot make a difference: ders, the results show that 93
n council chambers across percent of those polled believe
the state. municipal officials that the political system is spi- that they should have a direct
have faced increasingly hos- raling beyond anyone's control. say in how they are taxed (see
tile residents during their The Hcuwood Group. in its re- the article on page 21).
annual budget hearings. port "Citizens in Politics" pre- How, then. can city govern-
Florida's unchecked growth, nu- pared for the Kettering Founda- ment meet the challenge of in-
merous federal and state man- tion, found that people believe volving its citizenry in the finan-
dates. and increased demands that "the present political system cial planning of service delivery
for services coupled with the is impervious to public direc- when the sources for revenue
ever-escalating cost to provide tions: a system run by a profes- are restricted by the state?
those services are matched sional political class and con-
against stagnant and limited trolled by money. not votes. Tax Reform
municipal revenue sources like What's more. people do not be-
the biblical Goliath facing David. lieve this system is able to solve
A common perception has the pressing problems they Tax reform has been a popu-
been that most Americans are face." The report concludes that lar buzz word in Florida for quite
apathetic toward government (at the challenge will be to join citi- some time. but especially since
any level). But new studies show zens and politics together. and to the 1990 elections. The Govern.
it may not be a plague of apathy, find a role for citizens in the po- ment by the People Commission
but a belief by individuals that litical process. 1 (also known as the Frederick
FLORIDA LEAGUE OF CITIES
38
Commission), the Florida Taxa- voted to change their city charter charges to private utilities for
tion and Budget Reform Com- to restrtct absolute property tax the privilege of doing business
',sion and several public inter- revenue growth to 3 percent per within the city limits. amount to
groups have spent the last year. Statewide, the "Save Our nearly 4 percent of city reve-
year debating what is wrong with Homes" advocates are strtving to nues. Similarly. fine and for-
the present system and what place a constitutional amend- feiture revenues constitute ap-
options are available for change. ment on the 1992 ballot that proximately 1 percent of all reve-
In most of these discussions. would limit local residential nues.
however. the state's needs have property tax increases to 3 per- User fees and other charges
dominated. cent annually. In poll after poll. for services have become the
The League's Board of Direc- the property tax is called the workhorses for cities, resulting
tors is suggesting a change to most unfair tax. It is important in approximately 40 percent of
the state's constitution that to note. however, that revenue total revenues. The use of these
would allow a city's voters to from property taxes provides funds is limited to the programs
authorize taxing powers. To un- only about 16 percent of an av- for which they are charged. and
derstand this proposal. it is im- erage city's total revenues. the programs often must be sub-
portant to first look at: the cur- The municipal utility tax is sidized to ensure that all citizens
rent tax situation for Florida's levied upon specific utility serv- have access to services. Public
cities: how other states have ices and is collected and remit- transit systems and parks and
dealt with municipal home rule: ted to the city by the utility pro- recreation services are prime ex-
and what fiscal home rule could vider. Considered by many tax amples of user-fee based pro-
mean for Florida cities. experts to be a fair tax because grams that are often subsidized
it is borne proportionally by the by tax revenue.
The Current Picture users of the utility. the utility tax State revenue sharing and the
in Florida is capped at 10 per- half-cent sales tax are the source
cent by state law. The tax repre- of 8 percent of an average city's
The Florida Constitution does sents 6 percent of an average revenue base. The Florida Legis-
not provide fiscal home rule to city's total revenue. lature started the revenue shar-
municipal governments. The The occupational license tax. ing program in 1972 by forming
taxing authority for cities. towns once a strong source of revenue. a trust fund which generated its
and villages has come from state has been restricted since 1980. monies from percentages of two
bw and has been limited to the In 1972. the state rewrote the unit-based sources: cigarette
?erty tax. municipal utility license law and froze the rates taxes and motor fuel taxes. In
,__" and occupational license tax. following a Supreme Court deci- that first year. the fund gener-
Despite repeated attempts by sion. In 1980, the state allowed ated $132 million and was di-
cities. efforts to gain additional specific percentage increases: vided among cities based on a
sources of revenue and t1exibility however. the rates have been non-controversial formula. To-
in existing sources have not frozen since that time. (This has day. the program is estimated to
been successful. resulted in tax inequities due to generate only $196 million. If it
It is expected that the Florida the rate changes that were made had kept pace with inflation. the
Taxation and Budget Reform in 1980. The inequities cannot total would be well in excess of
Commission will receive data be corrected without losses in $400 million. The formula to dis-
from its consultants showing revenue.) The tax currently pro- tribute these funds has become
that cities in Florida will face vides less than 1 percent of a quite controversial due to the
deficit financing by 1996 unless city's total revenue. automatic increases given to
services are cut or taxing capac- Since the late 19705, cities Dade County. It is also impor-
ity is increased. The results are have not been able to look to tant to note that due to the fluc-
also anticipated to include the federal funding either in direct tuating oil economy and de-
fact that. if no changes are aid or through grants. Despite creases in cigarette consump-
made. over 25 percent of the the mandates which Congress tion. these revenue sources are
cities will be at the 10 mill cap passes on to cities each year. not perceived as healthy ones.
by the end of this decade. Fur- federal assistance has virtually Where does this leave Flor-
thermore, the cumulative deficit disappeared. Less than 3 per- ida's cities? With politically un-
in taxing capacity between now cent of an average city's revenue popular and legally capped
and the year 2000 will equal is federally shared revenue. taxes! Since balanced budgets
$1.3 billion and the annual defi- The state has approved vari- are required by state law. only
cit for fiscal year 2000 will be ous local option taxes. which three options are available: re-
over $500 million. counties are authorized to levy. duce or eliminate services: ob-
The millage rate for the prop- Cities are authorized to share in tain additional taxing authority
erty tax is capped at 10 mills: these tax revenues but they do from the Legislature: or acquire
however. many cities have al- not constitute a large portion of a greater commitment from the
dy reached their political cap. a city's total revenues, state in sharing its fiscal re-
Jacksonville. citizens recently Franchise fees. which are sources, Realistically. the state
QUALI1Y CITIES -- OCTOBER 1991
39
'I
is not in a posture to share its The constitutional amendment fiscal home rule with the grow-
dollars. Mandates and increas- could be placed on the ballot by ing involvement of voters on
ing demands for services make it the Florida Taxation and Budget public policy issues. especially -
Reform Commission or by the taxes. The tax structure de-
difficult for cities to eliminate or signed by the city leaders could
reduce delivery. Thus. cities are Legislature.
left with a dire need for changes Should this constitutional be as innovative as one's imagi-
in taxing authority. amendment be approved by the nation.
voters. city officials in each city This could be a unique oppor-
Voter Control of City would have the authority to de- tunity for a city to design a tax
sign an ongoing tax structure structure that would provide a
Taxes - A Chance for that is compatible with their permanent solution to what
Change community goals. It would be seems to be an eternal problem.
placed on a citywide ballot in the
form of a charter amendment. If Understanding the
The Board of Directors of the the voters approved the pro-
Florida League of Cities is asking posal. it would become the new PrOposal
the regional leagues of cities and tax structure for that city. If the
the membership to express sup- voters rejected it. the existing tax Fiscal home rule sounds
port for a constitutional amend- structure of that city would re- simple because the premise is
ment to be placed on the ballot main. Basically. it would give the simple. But the process. on the
in November 1992 that would city and its residents the oppor- other hand. would involve citizen
grant fiscal home rule powers to tunity to pick between the tax input and deliberation. After
cities and their citizens. If ap- structure that is currently in public hearings and workshops.
proved by Florida voters. this place. which was designed by a city commission would put to-
constitutional amendment would the state constitution and the gether a package that matched
remove the Legislature's abso- Legislature. and the tax struc- the service demands and taxing
lute power to dictate tax struc- ture that would be designed by capacity of the citizens. Then the
ture and tax policy to cities and their current city leaders. vote of the people would either
would return that power to the This proposal is intended to approve that package or leave
voters of each individual city. combine the municipal goal of the city with its current tax
structure.
There are several obvious -
questions that come to mind in
Saving for Retirement considering this proposal. First.
Shouldn't be Risky Business. is there a way to achieve local
government taxing authority
without placing a constitutional
Almost daily you read about the insurance industry amendment on the ballot? A
crisis. Even Congress is calling for tighter management 111 similar proposal could be ap-
and more regulation. So, why place all of your guaran- proved by the Legislature: how-
teed investments with one insurance company? ever. the Legislature has consis-
tently shown that it does not
place a high priority on munici-
With the ICMA Retirement Corporation (RC), you pal revenue authority. If the Leg-
don't have to. RC manages insurance contracts on islature were to enact this pro-
behalf of thousands of public employers through the posal in the general law instead
ICMA Retirement Trust of as a constitutional amend-
ment. it would limit the revenues
To help reduce risk. we spread investments in our to only those permitted by the
Guaranteed PLUS Fund among a variety of carriers. constitution. This precludes
changes to the property tax.
And we perform continuous, comprehensive credit True flexibility can only be
research on each insurance underwriter. achieved by amending the
constitution.
Your retirement savings are too valuable to subject to Would a city be able to change
risky business. For more information on RC-adminis- the 10 mill cap on property
tered plans, including RC's Guaranteed PLUS Fund. taxes? Yes. up or down. Cities
call toll-free at (800) 669-7400. would also be able to change or
even abolish the $25.000 home-
~ Retirement is ~ stead exemption. and they could
our middle name. abolish the property tax. if the
citizens approved such a pro-
le"," 18 m North ClpilOl SlI'ect, NE. WullinglOn. DC 20002-4240 posal.
RETIREMENT
CORPORATION (202) 962-4600 Toll.Free (202) 669-7400
FWRIDA LEAGUE OF CITIES
40
.
Is it possible that every city in Selected questions from the Frederick/
the state would design a differ- Schneiders Poll
taxing structure and, there-
. .c. eliminate uniformity among Which oj the Jollowing options regarding state and local govemments do
municipal taxes? Yes. One of the
most exciting aspects of this pro- you think is the best?
posal is the possibility for tax . The state government should have strict control over what taxes
structures which reflect the na-
ture of each community. Urban local governments are allowed to levy: (26%)
or rural: residential or a mix of . The local governments should have flexibility as to what taxes
business. industry and residen. they want to levy and how much they want to charge (67%)
tial: coastal. panhandle or in- Would youJavor or oppose a law which would allow Florida cities to
land: young residents with de-
mands for complex services or a add or abolish any taxes they want to if those taxes were approved by
retirement community with a a majority vote oj the people?
need for a lower level of services: Favor: 72% Oppose: 24% Don't know: 4%
regardless of the demographics.
the flexibility would be available Voters should have a direct say over how they are taxed.
to each city to create a respon- Agree: 93% Disagree: 6%
sive tax structure.
What are the chances for suc- In general. how would you rate the job the elected officials in your city
cess? The proposal could be
quite controversial. This pro- are doing--excellent. good. not so good. or poor?
posal would require tremendous Excellent: 3% Good: 61%
work. but most of all it would Not so good: 21% Poor: 12%
require strong membership sup- Don't know: 3%
port. The probability of success
is directly related to that sup- Using the scale oj excellent. good. not so good. or poor. please rate (he
port. eLected officials in your city on the following.
The two-thirds of Florida's Holding down taxes.
voters who want local govern-
'nt control of taxes and the Excellent 6% Good 44%
.le out of 10 citizens who be- Not so good 31% Poor 14%
lieve their voices should count in Don't know 6%
the decisions for local spending
are not anxiously waiting for The City oj Greenacres' convention ad was misprinted in the August
some leader to put this proposal issue. The corrected ad appears below, We apologize Jor any inconvenience
before them. These citizens do this may have caused.
not think the participation they
seek is feasible. if public opinion
studies are to be trusted. The Samuel J. Ferreri
timing for this proposal is good Mayor
because of the statewide focus
on tax reform. Merge the timing Lucille C. Tourville
with the views of Florida voters.
and the chance to permanently Deputy Mayor
change the nature of municipal
government is apparent--it is an Richard C. Radcliffe
opportunity that should not be Councilman City of Greenacres
ignored! .
James E. Rawlins, Sr.
NOTE Councilman
1. Kettering Foundation. CUi- Charles E. Shaw Best wishes for a successful
zens and Politics: A View Jrom Councilman 65th Annual Convention
Main Street. prepared by the to the
Harwood Group (Dayton. Ohio: Betty D, Kanterman
Kettering Foundation. 1991). Councilwoman E=IOl-ida League of Cities
Lynn Tipton is the League's ex- and its host
David 8. Farber the City of Tampa.
-:utive assistant Jor intergovem- City Manager
,ental relations.
QUALI1Y CITIES -- OCTOBER 1991
41
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # 9 m - MEETING OF MAY 26, 1992
CONSIDERATION OF A POLICY FOR ADDRESSING NEIGHBORHOOD
TRAFFIC ISSUES
DATE: MAY 22, 1992
This item is before you to consider a policy which outlines a specific
process for dealing with neighborhood traffic issues.
The City is receiving an increasing number of residential/neighborhood
traffic control requests. Many of these requests deal with purely
technical items (missing signs) or enforcement issues and are able to
be addressed through existing processes. However, a number of issues
have been raised which cannot adequately be addressed under current
procedures.
The proposed policy would provide a structure for addressing
non-technical neighborhood traffic issues. It outlines a series of
steps required to address these issues and provides for input from the
residents, administration and final approval by the City Commission.
The policy also recommends evaluation steps, a two-stage
implementation (temporary, permanent) process, and continuing public
approvals during the whole process.
This item was reviewed by the Development Services Management Group
(DSMG) on March 26, 1992, and by the Planning and Zoning Board at the
May 11th workshop. The draft policy was revised pursuant to comments
made by both boards. At its meeting of May 18, 1992, the Planning and
Zoning Board recommended approval of the draft policy. A more
detailed staff report is included in the backup material.
Recommend adoption of the proposed policy for dealing with
neighborhood traffic control issues and that the Commission direct the
City Manager to institutionalize the policy.
~hL~~~
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: ~D T. HARDEN, CITY MANAGER
l~~~j 1Su~
THRU: . KOVACS, 0 ECTOR
DEPARTMENT OF PLANNING AND ZONING
FROM: GREG LUTTRELL, TRAFFIC ENGINEER ~
SUBJECT: MEETING OF MAY 26, 1992
CONSIDERATION OF A POLICY FOR ADDRESSING NEIGHBORHOOD
TRAFFIC ISSUES
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of approval
of a policy for addressing neighborhood traffic issues.
The policy outlines a specific process for dealing with
neighborhood traffic issues, which includes the input of staff,
DSMG, and action by the Planning and Zoning Board.
BACKGROUND:
Due to the frequency and variety of requests dealing with traffic
related items, the Administration felt it appropriate to develop a
formal procedure to handle these. Please refer to the April 22,
1992, memorandum from the Traffic Engineer for more background.
This item was reviewed by the Development Services Management
Group on March 26, 1992, and by the Planning and Zoning Board at the
May 11, 1992, workshop. The draft policy was revised pursuant to
comments made by both the DSMG and Planning and Zoning Board.
PLANNING AND ZONING BOARD RECOMMENDATION:
At its meeting of May 18, 1992, the Planning and Zoning Board
recommended approval of the draft policy.
RECOMMENDED ACTION:
By motion, approve the policy for addressing neighborhood traffic
issues, designate the Planning and Zoning Board as the citizen
advisory board for purposes of this policy, and direct the City
Manager to institutionalize the policy.
Attachment:
Planning and Zoning Board Memorandum Staff Report
GL/#4/NEIGHBOR
".
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PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
MEETING OF: MAY 18, 1992 P
AGENDA ITEM: V.C. Policy for Addressing Traffic Issue ,
ITEM BEFORE THE BOARD:
The item before the Board is that of recommending to the
City Commission a formal policy by which traffic related
inquiries and issues will be processed.
BACKGROUND:
The attached memorandum of April 22, 1992, prepared by Greg
Luttrell, the City's Traffic Engineer, explains the need for such
a policy.
The proposed policy has been discussed by key members of the
Administration at the Development Services Management Group
(DSMG) and by the Board at a work session. Changes have been
made to the initial draft to reflect items raised by the Board.
RECOMMENDED ACTION:
By motion, to recommend that the City Commission adopt the
proposed policy for dealing with traffic control issues and that
they direct the City Manager to institutionalize the policy.
Attachments:
* Traffic Engineer's memorandum of April 22, 1992, with draft
policy revised as of May 13, 1992
DJK/PZTRFC.DOC
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PLANN I riG AtlO ZOtH tlG D:: PARTMEHT MEMORANDUM
TO: DAVID J. KOVACS, DIRECTOR
OF PLAtm [UG Arm ZOU 1 UG OEPARTI1EUT
FROl1: GREG LUTTRELL (,~
TRAFFIC EtJGltJEER
RE: RESIDENTIAL/NEIGHBORHOOD TRAFFIC CONTROL
RECOMMENDED POLICY DRAfT
DATE: APRIL 22, 1992
JAs the Traffic Engineering function in the City becomes more
, established, we are receiving an increasing number of residentiall
neighborhood traffic control requests. Many of these requests deal
with purely technical (missing signs) or enforcement issues. These
requests are being addressed through existing processes. We are
however, seeing many of the traditional neighborhood traffic issues
being raised that can't be fully addressed using existing processes.
Neighborhood traffic controls not only must meet technical
requirements, but need to address social, environmental, and safety
issues. The technical items are relatively straight forward. The
other issues should be dealt with through both the City
Administration ( DSr'1G, City Hanager, City Commission) and the
Neighborhood (Citizen Advisory Board, Homeowners AssocIation). It
was recommended at the DSHG meeting that the Planning and Zoning
Board act as the Citizen Advisory Board (CAB) . The solutions or
actions involved to address neighborhood traffic issues are
numerous, must be part of an cOr.lprehenslve approach, and can be
controversial.
Attached is a draft pol icy providing a structure for addressing
nap-technical neighborhood traffic issues. This draft outlines a
series of steps required to address these issues. It provides for
input from the residents, administration and final approval by the
Commission. It also recommends evaluation steps, a two stage
implementation (temporary, permanent) process, and continuing public
approvals during the whole process.
The Neighborhood Task Team report identified traffic control issues
in almost all neighborhoods. AdditIonally, we have recently
received two complaints of speeding through two separate
neighborhoods, and are addressIng the Palm Square closure question.
I would like to use the process outlined in the attached draft
policy in addressing neighborhood traffic issues.
Please review and comment on the attached draft policy,which has
been revised following the discussion at. OSI.1G. Please provide
direction on what actions wi 11 be necessary to have it officially
adopted.
Attachment
QL'^I'J\RGSIDEU1'
,,'.
"
. ... .-
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,
DRAFT POLICY
DELRAY BEACH
DEALING WITH RESIDENTIAL TRAFFIC CONTROL ISSUES
STEP 1 Issue raised (complaint received) in writing.
- One page complaint form to be developed
- Coordinate complaint definition with Homeowners
Association (if applicable).
,"
STEP 2 Issue reviewed by Traffic Engineer to determine if it
needs neighborhood input/analysis.
STEP 3 Issue evaluated and presented to:
DSHG -> CAB
(Administration) (Citizen Advisory Board)
with recommendations for addressing issue, definable study
objectives, and resources necessary.
STEP 4 DSMG and CAB makes recommendations
- Neighborhood input to be sought thru CAB and by
notification of residents and/or Homeowners
Association.
STEP 5 Recomrnendation(s) analyzed and revised (if necessary) by
Traffic Engineer.
STEP 6 Recommendation(s) taken to CAB for discussions and
authorization of primary recommended action. (Appealable.
by City Commission).
STEP 7 Recommendation designed and installed/implemented using
temporary materials.
- Final/permanent plans and renderings prepared.
STEP 8 Study (after) input gathered thru Traffic Engineer and CAB
( 3 - 12 months).
STEP 9 Evaluation of temporary/initial actions/improvement(s).
1
11111
'.
. . . ...
. .
STEP 10 Evaluation report prepared:
- Old project obtain objectives?
- Input received following implementation.
- Recorrunendations:
- other alternatives
- further analysis
- make permanent
STEP 11 Evaluation report to DSMG (Administration) and CAB
(Citizen Advisory Board).
. . STEP 12 Adoption of recorrunendation(s):
- make it permanent
OR
- implement new alternative and begin study
period.
2
,,,.,
. '~
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER!P(i
SUBJECT: AGENDA ITEM # q m - MEETING OF MAY 26, 1992
CONSIDERATION OF A POLICY FOR ADDRESSING NEIGHBORHOOD
TRAFFIC ISSUES
DATE: MAY 22, 1992
This item is before you to consider a policy which outlines a specific
process for dealing with neighborhood traffic issues.
The City is receiving an increasing number of residential/neighborhood
traffic control requests. Many of these requests deal with purely
technical items (missing signs) or enforcement issues and are able to
be addressed through existing processes. However, a number of issues
have been raised which cannot adequately be addressed under current
procedures.
The proposed policy would provide a structure for addressing
non-technical neighborhood traffic issues. It outlines a series of
steps required to address these issues and provides for input from the
residents, administration and final approval by the City Commission.
The policy also recommends evaluation steps, a two-stage
implementation (temporary, permanent) process, and continuing public
approvals during the whole process.
This item was reviewed by the Development Services Management Group
(DSMG) on March 26, 1992, and by the Planning and Zoning Board at the
May 11th workshop. The draft policy was revised pursuant to comments
made by both boards. At ~ts meeting of May 18, 1992, the Planning and
Zoning Board recommended approval of the draft policy. A more
detailed staff report is included in the backup material.
Recommend adoption of the proposed policy for dealing with
neighborhood traffic control issues and that the Commission direct the
City Manager to institutionalize the policy.
1~~~-
.,
.
.
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: ~D T. HARDEN, CITY MANAGER
lJ ~U~G
THRU: Br~. KO ACS, ~ECTOR
DEPARTMENT OF PLANNING AND ZONING
FROM: GREG LUTTRELL, TRAFFIC ENGINEER ~
SUBJECT: MEETING OF MAY 26, 1992
CONSIDERATION OF A POLICY FOR ADDRESSING NEIGHBORHOOD
TRAFFIC ISSUES
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of approval
of a policy for addressing neighborhood traffic issues.
The policy outlines a specific process for dealing with
neighborhood traffic issues, which includes the input of staff,
DSMG, and action by the Planning and Zoning Board.
BACKGROUND:
Due to the frequency and variety of requests dealing with traffic
related items, the Administration felt it appropriate to develop a
formal procedure to handle these. Please refer to the April 22,
1992, memorandum from the Traffic Engineer for more background.
This item was reviewed by the Development Services Management
Group on March 26, 1992, and by the Planning and Zoning Board at the
May 11, 1992, workshop. The draft policy was revised pursuant to
comments made by both the DSMG and Planning and Zoning Board.
PLANNING AND ZONING BOARD RECOMMENDATION:
At its meeting of May 18, 1992, the Planning and Zoning Board
recommended approval of the draft policy.
RECOMMENDED ACTION:
By motion, approve the policy for addressing neighborhood traffic
issues, designate the Planning and Zoning Board as the citizen
advisory board for purposes of this policy, and direct the City
Manager to institutionalize the policy.
Attachment:
Planning and zoning Board Memorandum Staff Report
GL/#4/NEIGHBOR
'I
.
,
PLANN BIG ArlO ZOU !fIG DEPARTMEHT ME~ORANDUM '. .,
~O : DAVID J. KOVACS, DIRECTOR
OF PLMHltNG Arm ZONIHG OEPARTI1EHT
FROM: GREG LUTTRELL ~~
TRAFFIC ENGINEER
RE: RESIDENTIAL/UEIGH80RHOOD TRAFFIC CONTROL
RECOMMENDED POLICY DRAFT
DATE: APRIL 22, 1992
,As the Traffic Engineering function In the City becomes more
. established, we are receiving an increasing number of residential/
neighborhood traffic control requests. Many of these requests deal
with purely technical (missing signs) or enforcement Issues. These
requests are being addressed through existing processes. We are
however, seeing many of the traditional neighborhood traffic issues
being raised that can't be fully addressed usIng exIsting processes.
Neighborhood traffic controls not only must meet technical
requirements, but need to address social, environmental, and safety
issues. The technical items are relatively straight forward. The
other issues should be dealt with through both the City
Administration ( DSr.1G, City Hanager, City Commission) and the
Neighborhood (Citizen Advisory Board, Homeowners Association). It
was recommended at the DSHG meeting that the PlannIng and Zoning
Board act as the Citizen Advisory Board (CAB) . The solutIons or
actions involved to address neighborhood traffIc issues are
numerous, must be part of an cOt:lprehenslve approach, and can be
controversial.
Attached is a draft po 1 icy providing a structure for addressing
no~-technical neighborhood traffic issues. This draft outlines a
series of steps required to address these issues. It provides for
input from the residents, administration and final approval by the
Commission. It also recommends evaluation steps, a two stage
implementation (temporary, permanent) process, and continuing public
approvals during the whole process.
The Neighborhood Task Team report identified traffic control issues
in almost all neighborhoods. Additionally, we have recently
received two complaints of speeding through two separate
neighborhoods, and are addressing the Palm Square closure question.
I would like to use the process outlined in the attached draft
policy in addressing neighborhood traffic issues.
Please review and comment on the attached draft policy,which has
been revised following the discussion at. DSJ.1G . Please provide
direction on what actions wi 11 be necessary to have it officially
8dopted.
Attachment
QL'^I~J\R6S10EU-r
"!
'.
. ,
. .
STEP 10 Evaluation report prepared:
- Did project obtain objectives?
- Input received following implementation.
- Recorrunendations:
- other alternatives
- further analysis
- make permanent
STEP 11 Evaluation report to OSHG (Administration) and CAB
(Citizen Advisory Board).
, STEP 12 Adoption of recommendatlon(s):
- make it permanent
OR
- implement new alternative and begin study
period.
2
"
.
~ --. . .
PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
MEETING OF: MAY 18, 1992 w-
AGENDA ITEM: V.C. Policy for Addressing Traffic Issue (
ITEM BEFORE THE BOARD:
The item before the Board is that of recommending to the
Ci ty Commiss ion a forma 1 pol icy by which traffic related
inquiries and issues will be processed.
BACKGROUND:
The attached memorandum of April 22, 1992, prepared by Greg
Luttrell, the City's Traffic Engineer, explains the need for such
a policy.
The proposed policy has been discussed by key members of the
Administration at the Development Services Management Group
(DSMG) and by the Board at a work session. Changes have been
made to the initial draft to reflect items raised by the Board.
RECOMMENDED ACTION:
By motion, to recommend that the City Commission adopt the
proposed policy for dealing with traffic control issues and that
they direct the City Manager to institutionalize the policy.
Attachments:
* Traffic Engineer's memorandum of April 22, 1992, with draft
policy revised as of May 13, 1992
DJK/PZTRFC.DOC
~O~<V'
~~
V,Q,
'.
~
. " -
,.
,
DRAFT POLICY
DELRAY BEACH
DEALING WITH RESIDENTIAL TRAFFIC CONTROL ISSUES
STEP 1 Issue raised (complaint received) in writing.
- One page complaint form to be developed
- Coordinate complaint definition with Homeowners
Association (if applicable).
, ,
STEP 2 Issue reviewed by Traffic Engineer to determine if it
needs neighborhood input/analysis.
STEP 3 Issue evaluated and presented to:
DSMG -> CAB
(Administration) (Citizen Advisory Board)
with recommendations for addressing issue, definable study
objectives, and resources necessary.
STEP 4 DSMG and CAB makes recommendations
- Neighborhood input to be sought thru CAB and by
notification of residents and/or Homeowners
Association.
STEP 5 Recomrnendation(s) analyzed and revised (if necessary) by
Traffic Engineer.
STEP 6 Recommendation(s) taken to CAB for discussions and
authorization of primary recommended action. (Appealable,
by city Commission).
STEP 7 Recommendation designed and installed/implemented using
temporary materials.
- FInal/permanent plans and renderings prepared.
STEP 8 Study (after) input gathered thru Traffic Engineer and CAB
(3 - 12 months).
STEP 9 Evaluation of temporary/initial actions/improvement(s).
1
'I
I
1_ 1. rl :_~I t.c_' ~ L I' ~, IJFF I CE TEL t"jo. 4Cl7 278 4 755 ~1,31:J 22,92 15:45 F' . Cl4 01{
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r
[ITY DF DELAAYBEA[H
CITY ATTORNEY'S OFFICE zuo NW Isl AVE~UE . Dl:LRA1' BEACH, Fl.ORID,,",
FACSIMILE '107/278-4755 Writer's Direct ~
;.t.'
(407) 243-7092
MEMORANDUM
Date: May 22, 1992
-~
To: City Commission ~
From: Jeffrey S. Kurtz, City Attorn~
Sut Flea Market Ordinance
The City Attorney's Office will present the revised flea market
ordinance for Commission comments and direction at your May
26th regular meeting.
JSK s jw
cc: David Harden, City Manager
---
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ORDINANCE NO.
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING APPENDIX A,
"DEFINITIONS", OF THE LAND DEVELOPMENT REGULATIONS
OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY
BEACH, FLORIDA, BY ENACTING A NEW DEFINITION FOR THE
TERM "MARKET" , CREATING A NEW SECTION 4.3.3(MM)
"MARKETS"; TO PROVIDE FOR RULES AND REGULATIONS
GOVERNING THE DESIGN OF MARKETS WITH THE CITY OF
DELRAY BEACH; TO PROVIDE FOR MARKETS AS A CONDI-
TIONAL USE IN THE GENERAL COMMERCIAL (GC) AND
CENTRAL BUSINESS DISTRICTS ( CBD) ; PROVIDING A SAVING
CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach has
become concerned with the proliferation of markets, bazaars, and flea
market type of retailing, and
WHEREAS, the City Commission of the City of Delray Beach has
determined that the market, bazaar, and flea market type of retailing
may have a detrimental effect on property values and the quality of life
for the citizens of Delray Beach unless properly regulated, and
WHEREAS, it is the desire of the City ilmmiSSion of the City
of Delray Beach to establish controls over th development of any
markets, bazaars, and flea markets within its cit limits.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Appendix A, "Definitions", of the Land
Development Regulations of the City of Delray Beach, Florida, be, and
the same is hereby amended to read as follows:
Market: A building, also known as a bazaar, flea market, or by
another name, where items are bought from independent merGhants.
Each independent merchant within the market operates at a separate
and distinct location, with each location having access via an
internal walkway, courtyard, path, foyer, or common area. Items
sold include, but are not limited to, household items, antiques,
rare items, decorations, electronics, food, clothing, and other
miscellaneous items.
Section 2. That Chapter 4, "Zoning Regulations", Article 4.3,
"District Regulations, General Provisions", Section 4.3.3, "Special
Requirements for Specific Uses", of the Land Development Regulations of
the Code of Ordinances of the City of Delray Beach, Florida, be, and the
same is hereby amended to read as follows:
(AA) Markets:
ill Purpose and Applicability: The purpose of these
requlations is to mitigate the impacts which markets have on the
surroundinq community. These impacts include, but are not limited
to traffic, parkinq, and siqnage. The types of markets which are
subject to the special requlations of this subsection include those
markets which have a qross floor area in excess of 10,000 square
feet.
ill Special Requlation Considerations:
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Due to the~unique nature of markets, the following shall apply
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to markets ::.
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(a ) Traffic: The applicant shall, at the time the
conditional use application is submitted, submit a traffic
study prepared pursuant to the Palm Beach County Traffic
Performance Ordinance, and Section 2.4.3(E) of the City of
Delray Beach Land Development Requlations. The traffic
statement/study shall provide an assessment of the 'impacts of
the use as a 100% traffic attractor. No accommodations shall
be made for bypass trips or internal capture. On-site traffic
circulation shall also be included as part of the study.
( b) Parking: In addition to the applicable parking
requirements from Section 4.6.9(C) , uses requlated by this
section shall provide at least one additional parkinq space
for each individual tenant or tenant space.
( c) Space Requirements: Within a market, at all times
the averaqe active merchant space must exceed 600 square feet,
and no single merchant space may be less than 400 square feet.
Not more than 40 percent of the active merchant spaces shall
have a qross floor area of less than 600 square feet. Averaqe
active merchant space is defined as the total square footage
of leased market space, excludiq aisles, walkways, and common
areas, divided by the total number of merchants.
tion for S ecial Dis la s: An exce tion to
(2) (c) is hereby provided i order to accommodate
temporary uses which are to be located within the
ways and aisles. This exception shall allow
businesses to be conducted at a cart, kiosk, or similar
facility, provided, however, that such uses shall not number
qreater than 15 percent of the number of occupied tenant space
uses within the market.
( e) Signaqe: Only exterior signaqe which identifies the
name of Ute "market" is permitted. Directory siqns and
individual .business siqns are not permitted. Exterior window
siqnage is also prohibited.
( f ) Public Information Displays: Displays of public
information and community service shall not be subject to
these special requlation considerations.
ill Procedural Requirements: Conditional Use Required: All
uses subiect to Section 4.4.3(AA) may be established only after
review and approval pursuant to the conditional use process out-
lined in Section 2.4.5(E) of the Land Development Requlations of
the City of Delray Beach, Florida.
Section 3. That Chapter 4, "Zoning Regulations", Article
4.4, "Base Zoning District", Section 4.4.9, "General Commercial (GC)
District", Subsection 4.4.9(0), "Conditional Uses in Structures
Allowed" , 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:
( 8) Flea Markets pursuant to Section 4.3.3(AA)
Section 4. That Chapter 4, "Zoning Regulations", Article 4.4,
"Base Zoning District", Section 4.4.13, "Central Business District",
Subsection 4.4.13(0), "Conditional Uses in Structures Allowed" , of the
Land Development Regulations of the Code of Ordinances of the City of
2 ORD. NO.
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Delray Beach, Florida, be, and the same is hereby amended to read as
follows:
(15) Markets pursuant to Section 4.3.3(AA)
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 same are hereby repealed.
Section 7. That this ordinance shall become effective within
ten (10) days of its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this day of , 1991.
MAY 0 R
ATTEST:
City Clerk
First Reading !
Second Reading
3 ORD. NO.
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER :/r/
SUBJECT: AGENDA ITEM i \ Df' - MEETING OF MAY 26. 1992
ORDINANCE NO. 17-92
DATE: May 22, 1992
This is the second reading of an ordinance amending the Land
Development Regulations of the Code of Ordinances to provide that the
power to appropriate funds and make expenditures to carry out the
purposes of the Community Redevelopment Act of 1969 is delegated to
the Community Redevelopment Agency; providing further that the City
also retains such powers; and modifying the Community Redevelopment
Plan in its entirety.
Florida Statutes Section 163.370 lists the powers available to the
CRA to carry out purposes described in the Community Redevelopment
Act of 1969. The City, upon its creation of the CRA delegated all
the powers set forth in Section 163.370 to the CRA excluding powers
enumerated in 163.370 (1) (1) and (m) . Section 163.370(1)(1) reserves
zoning and building regulation powers; power to make agreements with
housing authorities and power to appropriate such expenditures as are
necessary to carry out the purposes of the Community Redevelopment
Act of 1969 to the City.
This ordinances seeks to provide clarification to ensure that the CRA
has the ability to appropriate funds and make expenditures while also
ensuring that the City retains such rights. The remaining part of
the ordinance concerns the modification and adoption of the Community
Redevelopment Plan.
Recommend approval of Ordinance No. 17-92 on second and final
reading.
fJ~ 5-0
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PLANNING AND ZONING DEPARTMENT MEMORANDUM
TO: (__~ISmrHARTY' CITY CLERK
BO~\BARCINSKI,ASSISTANT CITY MANAGER
\. \ -{Jt
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FROM: 10 J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
DATE: MAY 13, 1992
SUBJECT: PLANNING AND ZONING BOARD (LPA) REVIEW OF ATTACHMENT
FOR ORDINANCE NO. 17-92
I understand that a query was made at the Department Head
meeting this morning as to Planning and Zoning Board review 0 f
the C.R.A. Plan which is being approved by the City Commission
pursuant to Ordinance No. 17-92.
In that Ordinance No. 17-92 was approved on first reading and, I
presume, will have public hearing and second reading on May
26th, there will not be a Planning and Zoning Board review prior
to adoption. While such a review is required for original
adoption, , it is not required for amendments. The City
Attorney's Office is handling the subject with respect to the
basis for the WHEREAS that states "consistency" exists.
After adoption, I will have copies made of the copy which was
given to me and we will have a review by the Planning and Zoning
Board and then, if necessary, a work session with the C.R.A. If
we (Planning and Zoning Board) find items of inconsistency, we
will forward such findings to the City Commission with a
recommendation that Ordinance No. 17-92 be amended. There is no
time frame for this review. I anticipate that Planning and
Zoning Board action, if any, will occur in August or September.
DJK/dlm
c:
David Harden, City Manager
Lula Butler, Dir of Community Improvement
Stan Weedon, Advanced Planning
John Walker, Advanced Planning
Susan Ruby, Assistant City Attorney
DJK/CRAPLAN.DOC
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[ITY DF DELAAY BEA[H -,
r~TY ATTORNEY'S OFFICE ~, -'. ~, , " ; .:~, ~~ . :,l: J:\'{ :)f~..-.l H. ~'L( t.~rD.\ ~:_:'~~~
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(407) 243-7091
MEMORANDUM
DATE: May 5, 1992
TO: City Commission
FROM: Susan A. Ruby, Assistant City Attorney
SUBJECT: Ordinance # 17-92 - Modification of the CRA Plan
and Clarification of CRA Powers
Our office has prepared in conjunction with the attorney for
the Community Redevelopment Agency, Robert Federspiel, this
ordinance which seeks to clarify the powers of the CRA as
contained wi thin the Land Development Regulations of the City
of Delray Beach and which modifies and adopts a Community
Redevelopment Plan.
Florida Statutes Section 163.370 lists the powers available to
the Community Redevelopment Agency to carry out purposes
prescribed by the Community Redevelopment Act of 1969. The
City, upon its creation of the CRA on June 18, 1985 delegated
all the powers set forth in Section 163.370 to the CRA
excluding powers enumerated in 163.370(1)(I) and (m) . Section
163.370(1)(I) as contained in the ordinances creating the CRA,
not only reserves zoning and building regulation powers and the
power to make agreements with housing authorities to the City,
but also reserves the power to the City to appropriate such
funds and make such expenditures as are necessary to carry out
the purposes of the Community Redevelopment Act of 1969. The
CRA, however, since its inception has appropriated funds and
made necessary expenditures.
Upon discussion with counsel for the Community Redevelopment
Agency, it is apparent that the City in the creation of the
Community Redevelopment Agency did not intend to reserve the
power to expend and appropriate funds solely to itself.
Section 2 of this ordinance seeks to provide clarification to
ensure that the CRA has the ability to appropriate funds and
make expenditures while also ensuring that the City also
retains such rights.
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City Commission
May 5, 1992
Page 2
The remaining part of the ordinance concerns the modification
and adoption of the Community Redevelopment Plan as contained
with Exhibit A. Should you have an questions or concerns,
please do not hesitate to contact me.
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cc David Harden, City Manager
Alison MacGregor Hardy, City Clerk
David Kovacs, Director of Planning and Zoning
Robert Federspiel, Esq.
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I ORDINANCE NO. 17-92
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AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, SECTION 8.1.1(0), "DELEGATION OF
POWER" , TO PROVIDE THAT THE POWER TO APPROPRIATE
FUNDS AND MAKE EXPENDITURES TO CARRY OUT THE
PURPOSES OF THE "COMMUNITY REDEVELOPMENT ACT OF
1969" IS DELEGATED TO THE COMMUNITY REDEVELOPMENT
AGENCY, PROVIDING FURTHER THAT THE CITY OF DELRAY
BEACH ALSO RETAINS SUCH POWERS; AND MODIFYING THE
COMMUNITY REDEVELOPMENT PLAN FOR THE CITY OF DELRAY
BEACH, FLORIDA, IN ITS ENTIRETY; FINDING THAT THE
MODIFICATION CONFORMS TO THE COMMUNITY REDEVELOPMENT
i ACT OF 1969, AS AMENDED; FINDING THAT THE
I MODIFICATION IS CONSISTENT WITH THE CITY OF DELRAY
BEACH'S COMPREHENSIVE PLAN, AND MAKING FURTHER
FINDINGS PURSUANT TO THE APPLICABLE REQUIREMENTS OF
FLORIDA STATUTES SECTION 163.360(6)(7); PROVIDING A
SAVING CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of De1ray Beach,
Florida, by Ordinance No. 46-85, adopted June 18, 1985, (now codified in
the Land Development Regulations of the Code of Ordinances of the City
of Delray Beach, as Article 8.1 ) did create a Community Redevelopment
Agency ("CRA") as provided in Florida Statutes Section 163.356; and,
WHEREAS, on December 23, 1986, the Board of County
I Commissioners of Palm Beach County passed and adopted Resolution No.
R-86-2003 delegating the exercise of the powers conferred upon tr-
I County by Chapter 163, Part 3, Florida Statutes, within the boundari
of the City of Delray Beach to the governing body of the City of Delr~_
Beach completely and without limitation; and,
WHEREAS, the Land Development Regulations of the Code of
Ordinances of the City of Delray Beach, Section 8.1.1(D), "Delegation of
Power" confers certain powers to the CRA; and,
WHEREAS, the CRA's powers were limited in Section 8.1.1(0) of
the Land Development Regulations; and,
WHEREAS, the City Commission desires to amend Section 8.1.1(D)
of the Land Development Regulations of the Code of Ordinances of the
City of Delray Beach to provide that the CRA has the power to
appropriate such funds and make such expenditures as are necessary to
carry out the purposes of the "Community Redevelopment Act of 1969" by
excluding the first phrase of Florida Statutes l63.370(1}(l) from the
reservation of the powers contained in the delegation of powers to the
CRA; and,
WHEREAS, the City, however, retains the right to exercise any
of the powers delegated to the CRA, and such powers shall not be deemed
to be vested exclusively in the agency; and,
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WHEREAS, the City Commission of the City of Delray Beach,
Florida, has heretofore approved a Community Redevelopment Plan on
september 9, 1986 by Resolution No. 49-86, subsequently amended and
ratified on November 24, 1987 by Resolution No. 47-87, on February 14,
1989 by Resolution No. 6-89, on September 25, 1990 by Resolution No.
86-90, on April 9, 1991 by Resolution No. 28-91, and on November 26,
1992 by Resolution No. 93-91; and,
WHEREAS, CRA, has heretofore adopted a Community Redevelopment
Plan; and,
WHEREAS, the CRA is desirous of modifying said Plan in its
entirety to redefine its goals, policies, and objectives, as well as the
complete redefinition of its programs and projects contemplated thereby;
and,
WHEREAS, the CRA of the City of Delray Beach has recommended
to the City Commission of the City of Delray Beach pursuant to this
ordinance that the Community Redevelopment Plan be modified, amended,
and ratified in its entirety in the form attached hereto as Exhibit "A";
and,
WHEREAS, the City Commission finds that the modification
conforms to the Community Redevelopment Act of 1969, as amended; and,
WHEREAS, the City Commission fi nds that the modification is
consistent with the City of Delray Beach's Comprehensive Plan; and,
WHEREAS, the City Commission further finds that any conflicts
between the Community Redevelopment Plan and the City of Delray Beach
Comprehensive Plan shall be resolved in favor of the City of Delray
Beach Comprehensive Plan; and,
WHEREAS, the City Commission tinds that the modifications
meets the applicable requirements of Sections 163.360(6) (7), Florida
Statutes; and,
WHEREAS, the City Commission shall hold a public hearing on
said modification to the Plan, after public notice is given in confor-
mance with the requirements of Chapter 163, Part 3, Florida Statutes.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the preamble stated above is hereby incor-
porated by reference herein, as findings of fact upon which this
Ordinance is based.
Section 2. That Chapter 8, "Speciai Implementation Programs",
Article 8.1, "the Community Redevelopment Agency" , Section 8.1. 1,
"Community Redevelopment Agency" of the Land Development Regulations of
the Code of Ordinances of the City of Delray Beacn, Florida, is hereby
amended by amending subsection 8.1.1(0), "Delegation of Power", to read
as follows:
2 ORD. NO. 17-92
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(D) Deleqation of Power:
The Commission delegates to the Community Redevelopment
Agency each of the powers set forth in F. S. Section
163.370 et seq, includinq the power to appropriate such
funds and make such expendi tures as are necessary to
carry out the purposes as of the "Community Redevelopment
Act of 1969" (excluding, however, those remaininq powers
enumerated in F.S. subsection 163.370(1)(1) and the
powers in F.S. subsection 163.370(m)). However, the-City
retains the right to exercise any powers delegated herein
to the Community Redevelopment Agency, and such powers
shall not be deemed to be vested exclusively in the
agency.
Section 3. The Community Redevel.opment Plan is modi fled in
its entirety in the form and as attached hereto as Exhibit "A" and made
a part hereof.
Section 4. That if any section, subsection, paragraph,
sentence or word or other provision of this ordinance, or any portion
thereof, or its application to any person or circumstance, be declared
by a court of competent jurisdiction to be invalid or unconstitutional,
such decision shall not effect the validity of any other section,
subsection, paragraph, sentence, or word or prevision or its application
to other persons or circumstances and shall not effect the validity of
the remainder hereof as a whole or part thereof ot:her than the part
declared to be invalid.
Section S. That this ordinance s:lal1 become effective on
second and final reading.
PASSED AND ADOPTED in reg~lar session on second and fil
reading on this the _____ day ~f , 1992.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
cra-S.ord
3 ORD. NO. 17-92
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
I
FROM: CITY MANAGER '(Iv
SUBJECT: AGENDA ITEM i ~ - MEETING OF MAY 26. 1992
ORDINANCE NO. 18-92
DATE: May 22, 1992
This is the second reading of an ordinance amending Chapter 92 of the
Code of Ordinances by repealing Section 92.01 through and including
Section 92.20 and enacting new Sections 92.01 through 92.20 to
provide updated regulations with regard to the operation and mooring
of boats within the City.
Provisions of this ordinance include a new Section 92.10, which
makes it unlawful for any person or firm to moor any boat to any real
or personal property which is owned or leased by the City, or which
has been dedicated to the public with the exception of mooring at
Knowles Park, Veterans Park, and the City's Marina; and, a new
Section 92.15 which makes it unlawful for any person or firm to
operate an excursion boat from Veterans Park without first obtaining
a license from the City, and paying the required fee.
This ordinance will permit boat operators to temporarily dock at
Veterans Park for no more than two hours. An excursion boat licensee
may only obtain six permits per year. Each permit will cost $250,
and allows mooring at Veterans Park for one day, for no more than
thirty minutes at anyone time and between the hours of 9 a.m. until
10 p.m.
Recommend approval of Ordinance No. 18-92 on second and final reading.
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May 19, 1992
Mr. David N. Tolces
Assistant City Attorney
200 NoW. 1st Ave.
Delray Beach, FI. 33444
Dear Dave;
Enclosed with this letter are my articles of incorporation for the Ramblin'
Rose Riverboat Inc. Is it adviseable for ne to be at the May 26 City
Conmission? Will any of the other subjects from my May 6th letter be
discussed at that meeting?
I am in receipt of your ordinance revising Chapter._~2--=--BoatfLand._Boat:i1lg.
The revision appears proper and complete except for two items:
Item 1) Section 92.15 (K) ENFORCEMENI'. I suggest a sign like the one
lOOunted at the city marina also be lOOunted at the Veterans Park docks.
It reads: Docking without a perndt subject to a $500. fine.
Item 2.) Section 92.16 Lonq Term License. Doesn't this section invite
conflict which will lead to viOlations of my exclusivity clause of
my contract? I am not sure I understand the nessage here?
I wish to be present at the city meeting when the conmission considers
revising Chapter 92. Will you please advise ne on all this and when it
will appear on the agenda? Thank very Imch.
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Dane L. Mark
Ramblin' Rose Riverboat ,Inc.
801 E. Atlantic Ave.
Delray Beach, Florida 33483
cc: Robert A. Barcinski, Asst. City Manager
Joseph Weldon, Director of Parks and Recreation
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CITY ~TTORNEY'S OFFICE (EL No. 407 278 4755 May 08.92 14:27 F' n)
\
CITY DF DElRAY BEA[H
CITY ATTORNEY'S OFFICE ~nll !II\\' 151 AVE:'JUl! . DELRAY BEACH. FLORIDA 33444
FACSIMILE 4lJ7,':!71147SS W~L~.r'_ CL~.a~ LLn_
(407) 243-7090
MEMORANDUM
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Date: May e, 1992
To: City Commission ~
From: David N. Tolces, Assistant City Attorne
Subject: Ordinance Revising Chapter 92 - Boats and Boatinq
,
This ordinance revises Chapter 92, "Boats and Boatingtl. This
ordinance will permit boat operators to temporarily clock at
Veterans Park for no more than two hours. Companies or
I individuals who operate excursion boats, , as defined in the
! ordinance, and who wish to use Veterans Park may do so if they
first apply tor a license. This license will ,allow ,an
excursion boat company or operator to obtain a permit
, authorizing the use of Veterans park for loading and unloading
i passen~. A licensee may only obtain six permits per year.
Each p t will cost $250, and permits use of the part for one
day from 9 a..m. to 10 p.m. This ordinance should remedy Some
of the problems with the prior code sections.
If you have any questions, please call.
DNT:sh
Attachment
cc: David Harden, City Manager
Cheryl Leverett, Agenda Coordinator
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ORDINANCE NO. 18-92
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING TITLE IX, "GENERAL
REGULATIONS" , CHAPTER 92, "BOATS AND BOATING", OF
THE CODE OF ORDINANCES OF THE CITY OF DELRAY
BEACH, FLORIDA, BY REPEALING SECTIONS 92.01
THROUGH AND INCLUDING 92.20 AND ENACTING NEW
SECTIONS 92.01 THROUGH 92.03 TO PROVIDE FOR
POSTING OF SIGNS REGARDING ANCHORING AND MOORING
TO PUBLIC PROPERTY; TO PROVIDE FOR A LIMITATION OF
BOATS OR VESSELS UPON ANY WATERWAY WITHIN THE
CITY; TO PROVIDE FOR THE PEACEFUL AND QUIET
OPERATION OF OUTBOARD WATER CRAFT WITHIN THE CITY;
BY CREATING A NEW SECTION 92.10 TO PROVIDE FOR THE
PROHIBITION OF MOORING AND ANCHORING ON OR TO
PUBLIC PROPERTY WITH THE EXCEPTION OF KNOWLES
PARK, VETERANS PARK AND THE CITY MARINA; BY
CREATING NEW SECTIONS 92.15 AND 92.16 TO PROVIDE
FOR THE LICENSING OF EXCURSION BOAT OPERATIONS
CONDUCTED FROM VETERANS PARK; BY CREATING NEW
SECTIONS 92.19 AND 92.20 TO PROVIDE FOR MOORING OR
ANCHORING OF BOATS IN RESTRICTED AREAS AND PRIVATE
PROPERTY; PROVIDING A REPEALER CLAUSE; PROVIDING A
SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section l. That Title IX, "General Regulations",
Chapter 92, "Boats and Boating", Sections 92.01 through and
including 92.20, be, and the same are hereby repealed.
Section 2. That there is hereby created new Sections
92.01, 92.02 and 92.03 of the Code of Ordinances of the City of
Delray Beach, Florida, to read as follows:
Section 92.01 POSTING OF SIGNS.
The City Manager or his designated representative
is authorized to post signs informing the public of the
provisions of Sections 92.01 through 92.20 of this
chapter.
Section 92.02 BOAT OPERATION.
It shall be unlawful to operate a boat or vessel
upon any waterway within the City at a rate of speed
which causes, or may cause, waves which result in
damage to docks, wharves, seawalls or boats which are
moored or tied to a dock or wharf along the waterway.
Pursuant to Florida Statutes Section 327.60, this
section shall not apply to boats on the Intracoastal
Waterway.
Section 92.03 MUFFLERS REQUIRED.
It shall be unlawful to operate a watercraft with
an outboard motor or inboard motor which does not have
a properly muffled exhaust within the city so that the
operation of the watercraft annoys or disturbs the
quiet, comfort or repose of any person in any dwelling,
hotel or any other type of residence, or any person in
the vicinity of the operation of the boat.
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Section 3. That there is hereby created a new Section
92.10 of the Code of Ordinances of the City of De1ray Beach,
Florida, to read as follows:
Section 92.10 MOORING TO PUBLIC PROPERTY.
It shall be unlawful for any person or firm to
moor any boat to any real or personal property which is
owned or leased by the city, or which has been
dedicated to the public use, with the exception of
mooring at Knowles Park, Veterans Park and the city's
marina as provided for in this section:
(1 ) City Marina. Mooring at the city marina
is only permitted pursuant to Sections 92.30, et.
seq. , of the City of Delray Beach Code of
Ordinances. Excursion boats may not operate from
the city marina.
(2) Knowles Park. An owner or operator may
temporarily moor a watercraft at Knowles Park for
the purposes of placing a boat into and removing a
boat from the Intracoastal Waterway. Excursion
boats may not operate from Knowles Park.
(3 ) Veterans Park. Temporary docking in
designated areas is permitted at Veterans Park for
up to two hours. For excursion boats which moor
or dock at Veterans Park, the person or firm
operating the excursion boat shall obtain a
license prior to docking or mooring at Veterans
Park in order to board passengers.
Section 4. That there is hereby created new Sections
92.15 and 92.16 of the Code of Ordinances of the City of Delray
Beach, Florida, to read as follows:
Section 92 .15 DOCKING LICENSE FOR EXCURSION BOAT
OPERATIONS.
(A) Excursion Boat. As used in this chapter, the
term excursion boat is defined as a vessel operating
upon the inland public waterways within the city,
transporting one or more passengers for a fee, and
which is controlled by a person or firm in the business
of offering waterborne sightseeing and entertainment.
(B) License Required; Enforcement. It shall be
unlawful for any person or firm to operate an excursion
boat from Veterans Park without first obtaining a
license from the city, and paying the required fee for
the right to moor to the docks as authorized under the
license.
(C) An application for a short term excursion
boat license shall be made to the Director of Parks and
Recreation, and must include the following information:
(1 ) The name, business address and telephone
number of the person or firm operating the
excursion boat business. If a corporation or
partnership, include the names of all directors,
officers or partners, where applicable.
. - 2 - Ord. No. 18-92
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- .. --- _____. --
_.~--- ----- ---- --~---_.- - ------_._--- ---------- --~
(2) A description of each vessel proposed to
be utilized as an excursion boat, including a copy
of the Florida Vessel Registration and United
States Coast Guard Certificate of Inspection.
(3) A list of all pilots who will operate
the excursion boat, including their names,
addresses, employment history over the past five
years, and a copy of the United States Coast Guard
license for the class of vessel each pilot will
operate.
(4) Where the excursion boat will be located
when not in use.
(5) A certificate of insurance showing the
City as an additional named insured on a policy or
policies insuring each vessel and the business
for:
(a) Hull and machinery replacement,
(b) Third party and passenger liability
- $1,000,000 for each boat,
(c) Third party property damage -
$50,000 per occurrence, and
(d) If the business has three (3) or
more employees, evidence of
workers' compensation insurance,
including Jones Act Coverage, is
required. All insurance policies
must be kept in full force and
effect at all times the excursion
boat operations take place.
(6) A copy of the occupational license
issued by the city if the principal place of
business is in the corporate limits of the city.
(7) A cashiers check made payable to the
City of Delray Beach in the amount of $100.00.
(C) The Director of Parks and Recreation or his
designee shall review all license applications. The
Director of Parks and Recreation shall inform the City
Manager of a recommendation of app~oval or rejection on
the merits of the application. The approval or
rejection of the application for a license shall be
based on the applicant's demonstration that it has the
proper equipment and personnel to operate a safe and
high quality excursion boat operation. No application
from the same person or firm whose application has been
rejected shall be reconsidered by the Director of Parks
and Recreation or his designee within six (6) months
from the date of such rejection.
(0) Upon approval of the license application by
the Director of Parks and Recreation, the person or
firm shall enter into a short term license agreement
with the city. After execution of the license
agreement, the person or firm may obtain a permit to
operate the excursion boat. The fee for each permit ~s
$250.00 and authorizes the operation of the excursion
boat from Veterans Park for a period of one (1) day
during the hours of 9:00 a.m. to 10:00 p.m.
· - 3 - Ord. No. 18-92
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- --- -- - ..-- --- - -._--- -
-. ------------- -----
.-----" --- ----
(E) No person or firm entering into a short term
license agreement shall receive more than six (6)
permits per year. The year shall begin on the date on
which the person or firm obtains its first permit.
Each permit shall be displayed on the vessel alongside
the state commercial registration sticker.
(F) The municipal docks at Veterans Park may be
used by the excursion boat which has obtained a permit
from the city. At the time the excursion boat is
loading or disembarking passengers, the captain of the
boat shall remain within five (5) feet of the vessel.
An excursion boat shall not moor to the docks for
longer than thirty (30) consecutive minutes.
(G) Revocation or Suspension of a License.
(1) A license may be revoked or suspended
for any of the following causes:
(a) Failure to comply with all state
and federal laws and regulations concerning
the vessels of the type utilized by the
license.
(b) Multiple instances of careless
operation of a vessel in violation of state
or local laws.
(c) Failure to maintain all required
policies of insurance in full force and
effect.
(d) Conviction by the licensee, if a
person, or by any director, officer or
partner of the license, if a corporation or a
partnership, of a felony violation in this
state or violation of the laws of any other
state which would constitute a felony
violation in this state.
(e) Submission of false or incomplete
documentation or information required by this
section.
(H) No excursion boats shall fuel while moored at
the docks: all fueling shall be carried out at a marine
service location.
(I) No excursion boat shall at any time have in
use loudspeakers or any device to amplify sound, with
the exception of an internal intercom system, the
sounding of horns for navigational purposes, passenger
pick-up and discharge for safety related purposes, or
in the case of an emergency. No excursion boat shall
at any time, except for safety related purposes,
illuminate by spotlight or any other means any of the
sights or places of interest located along its route of
operation, including, but not limited to, residential
dwellings, businesses or government buildings.
(J) A license or permit may not be assigned.
f - 4 - Ord. No. 18-92
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.-. ----- ------ - --- ----- - - --- --~-_.~---- -----
-.--_.~--.-.--- .---_._._-----"~-----~ ----.-------
(K) Enforcement. This chapter shall be enforced
by the Director of Parks and Recreation and his
designees, by the Police Department of the City of
Delray Beach, and the City of Delray Beach Code
Enforcement Officers.
Section 92.16 LONG TERM LICENSE.
A long term license agreement, which would grant
the licensee the right to operate its excursion boat
from Veterans Park more than six times per year, may be
granted by the City Commission.
Section 5. That there is hereby created new Sections
92.19 and 92.20 of the Code of Ordinances of the City of Delray
Beach, Florida, to read as follows:
Section 92.19 ANCHORING IN RESTRICTED AREAS.
(A) For the purpose of this section, "restricted
area" shall mean any canal, harbor or inlet opening
directly into the Intracoastal Waterway, but not
including the main channel of the Florida Intracoastal
Waterway.
(B) It shall be unlawful for any boats which are
permanently or temporarily occupied by a person, or
which a person is using as a residence, to be anchored
in the restricted area in the public waterways within
the city, as described in Section (A) above, for more
than a total of 24 hours in anyone week period.
Section 92.20 PRIVATE DOCKS.
Nothing contained in this chapter shall be
construed as prohibiting the anchoring or mooring of
boats adjacent to private docks, whether or not located
in the restricted area. This exception shall only be
applicable as to boats which are being anchored or
moored adjacent to a private dock with the permission
of the owner of the private dock.
Section 6. That all ordinances or parts of ordinances
which are in conflict herewith 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.
Section B. That this ordinance shall become effective
ten (10) days after its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and
final reading on this the day of , 1992.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
f - 5 - Ord. No. 18-92
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
CITY MANAGER /.,j /
FROM:
SUBJECT: AGENDA ITEM # IdA - MEETING OF MAY 26. 1992
ORDINANCE NO. 15-92
DATE: May 22, 1992
This is a first reading of an ordinance amending the Land Development
Regulations by enacting a new Section 6.3.3, "Newsracks, Benches and
Other Unattached Fixtures" to provide for the application of this
section to all movable fixtures within the right-of-waYi providing
standards for installation and maintenance of newsracksi providing
for enforcement by the Code Enforcement Department; and providing for
specific appellate remedies.
This ordinance is a revised version of the ordinance presented at the
April 14, 1992 regular meeting. City staff has met with
representatives of the newspaper companies to discuss their concerns
with the ordinance. As a result, some of the standards regarding
news rack locations have been modified. No other substantive
revisions were made to the ordinance.
Recommend approval of Ordinance No. 15-92 on first reading.
p~ IS'~ 5-0
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[ITV DF DELRAY BEA[H
CITY ATTORNEY'S OFFICE . " ~ :,' ... Y :s;._ d._ H. :-l.u lZl D.\ ::,.\~J~
Wr~t_r'. D~r_ct L~n_
(407) 243-7092
MEMORANDUM
Date: Ma y 21, 1992
To: City Commission
. :..:4
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From: Jeffrey S. Kurtz, City Attorney
--
Subject: Movable Fixture Ordinance; Our File No. 13-79.001
This ordinance is a revised version of the ordinance presented
at your April 14, 1992 meeting. City staff met with represen-
tatives of the newspaper companies to discuss their concerns
with the ordinance. As a result, some of the standards
regarding newsrack locations have been modified. (6.3.3(B)(6))
No other substantial revisions were made to the ordinance.
The ordinance will be presented for first reading on May 26,
1992.
Should any Commissioner have any questions concerning this
matter, please do not hesitate to contact our office.
JSK:sh
cc: David Harden, City Manager
Chris Brown
Jerry Budney
Joanne Fanizza
movable.dnt
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ORDINANCE NO. \S-4;L.
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING ARTICLE 6.3, "USE
AND WORK IN THE PUBLIC RIGHT-OF-WAY", OF THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF
THE CITY OF DELRAY BEACH, FLORIDA, BY REPEALING,
"NEWSRACKS" , AND ENACTING A NEW SECTION 6.3.3,
"NEWSRACKS, BENCHES AND OTHER UNATTACHED FIXTURES"
TO PROVIDE FOR THE APPLICATION OF THIS SECTION TO
ALL MOVABLE FIXTURES WITHIN THE RIGHT-OF-WAY;
PROVIDING FOR DEFINITIONS; PROVIDING FOR OBJECTIVE
STANDARDS FOR THE LOCATION OF MOVABLE FIXTURES IN
THE RIGHT-OF-WAY; PROVIDING STANDARDS FOR INSTALLA-
TION AND MAINTENANCE OF NEWSRACKS; PROVIDING FOR
ENFORCEMENT BY CODE ENFORCEMENT DEPARTMENT; PROVID-
ING FOR SPECIFIC APPELLATE REMEDIES; PROVIDING A
REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVID-
ING AN EFFECTIVE DATE.
WHEREAS, the City of Delray Beach has invested millions of
dollars in installing and maintaining streetscaping and landscaping
along the public rights-of-way within Delray Beach; and,
WHEREAS, the City of Delray Beach is in the process of imple-
menting its Decade of Excellence Bond program, which will provide
additional funding of drainage, paving, and bea~tification of rights-
of-way within Delray Beach; and,
WHEREAS, the City Commission of the City of Delray Beach has
maintained a strict sign code for a number of years, specifically
prohibiting off-site advertising; and,
WHEREAS, the City Commission of the City of Delray Beach is
desirous of providing safe traffic areas for pedestrians, bicyclists,
and motor vehicles; and,
WHEREAS, the City Commission of the City of Delray Beach
wishes to improve the aesthetics of rightS-Of-way within its residential
and commercial zoned areas; and,
WHEREAS, the residential rightS-Of-way within the City of
Delray Beach have not been designed to withstand constant traffic on the
nonpaved section of the right-Of-way; and,
WHEREAS, the City Commission finds that vehicular traffic
pulling onto swale areas on a continuing non-emergent basis causes
damage to the swale area which negatively affects the aesthetics of the
rightS-Of-way; and,
WHEREAS, the City Commission finds that vehicular traffic
pulling onto swale areas on a continuing non-emergent basis causes
damage to the swale area which negatively affects the drainage capabili-
ties of the swale area; and,
WHEREAS, the City Commission finds that news racks which have
the corporate logo and coloration on them are signs within the meaning
of the City of Delray Beach Code of Ordinances; and,
WHEREAS, the use of news racks and benches as signs is illegal
in Delray Beach and damages the aesthetic quality of our residential,
commercial, industrial, and open space neighborhoods; and,
WHEREAS, the City Commission of the City of Delray Beach
believes that improving the aesthetics of Delray Beach's residential and
commercial neighborhoods will improve the quali ty of life for the
citizens of Delray Beach; and,
WHEREAS, the City Commission finds that damaged swale areas
negatively affects property values adjacent to such swale areas and
rights-of-way; and,
WHEREAS, the City Commission of the City of Delray Beach
believes there is adequate areas of distribution available.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Article 6.3, "Use and Work in the Public
Right-of-Way", Section 6.3.3, "Newsracks" of the Land Development
Regulations of the Code of Ordinances of the City of Delray Beach,
Florida, is hereby repealed, and a new Section 6.3.3, "Newsracks" of the
Land Development Regulations of the Code of Ordinances of the City of
Delray Beach, is hereby enacted to read as follows:
Section 6.3.3 Newsracks, Benches and Other Unattached Fixtures in
the Right-of-Way: Any newsrack, bench and other non-attached fixture
(hereinafter collectively referred to as "movable fixtures") which rests
in whole or in part upon, or on any portion of the public right-of-way
or which projects onto, into, or over any part of a public right-of-way,
or which is upon private property shall be located and maintained in
accordance with this Section.
I
(A) Definitions. For the purpose of this subsection the following
definitions shall apply unless the context clearly indicates or requires
a different meaning.
"Advertising Circular." Any publication that contains only
advertising and no news reports.
"Auxiliary Lane." A turn lane or on-street parking area.
"Bike Path." That portion of a right-of-way improved,
designed, or ordinarily used for bicycle traffic.
"Controlling Entity." The person or entity responsible for
placing and maintaining a movable fixture, the owner of the movable
fixture, or the publisher of the newspaper vended within a newsrack.
"Intersecting Sidestreet." Any roadway or driveway on which
traffic is required to stop prior to entering the intersection.
"Newsrack." Any self-service or coin-operated box, container,
storage unit, or other dispenser installed, used, or maintained for the
display, sale, or distribution of newspaper or other news periodicals or
advertising circulars.
"Paved Surfaces." Any hard maintained surface used or built
for the purpose of transporting vehicles, bicycles or pedestrians.
Surfaces s ha 11 include, but not be limi ted to, asphalt, concrete, paver
block, tree grates and/or rocks.
"Public Agency." The city, county, or the state.
"Right-of-Way." All that area dedicated to public use or
otherwise owned by a public agency for public street purposes and shall
include, but not be 11mi ted to, roadways, swales, bike paths, and
sidewalks.
"Roadway." That portion of a right-of-way improved, designed,
or ordinarily used for vehicular traffic.
2 ORD. NO.
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"Sidewalk." Any surface within a right-of-way provided for
the exclusive or primary use of pedestrians.
( 8) Prohibited Locations:
( l) Landscaped Areas: Movable fixtures shall not be placed or
installed or erected on any landscaped area within an improved
public right-of-way. The landscaped areas include, but are not
limited to, those areas in which the following ground cover
materials placed:
(a) Sod,
(b) Decorative plants, or
(c) Native plants maintained to match the surrounding
flora.
(2 ) Public Utilities: Movable fixtures shall not be placed,
installed, or erected to obstruct the use of any public utility
pole or structure. These areas are defined as follows:
(a) Drainage structures: Movable fixtures shall not be
physically attached, chained, or bolted to any drainage structure,
inlet pipe, or other physical object meant to carry water for
drainage purposes;
(b) Utility Poles: Movable fixtures shall not be
physically attached, chained, or bolted to a utility pole;
I
(c) Fire Hydrants: Movable fixtures shall not be
located within 25 feet of a fire hydrant.
(3 ) Traffic Control Devices: Movable fixtures s ha 11 not be
physically attached, chained, bolted, or erected to obstruct the
function of traffic signals, traffic signs or pavement markings.
These areas shall be defined as follows:
(a) Traffic signals.
( l) Movable fixtures shall not be physically
attached, bolted, or chained to a traffic signal pole.
(2 ) Movable fixtures shall not be placed in such a
manner which obstructs the free pedestrian flow to and from a
pedestrian traffic signal push button. In order to allow for the
free pedestrian flow, and handicap access, to and from pedestrian
traffic signal push buttons, movable fixtures shall be placed at
least 36 inches away from such pedestrian traffic signal push
buttons.
(b) Traffic signs. Movable fixtures shall not be
physically attached, bolted, or chained to a traffic sign or post
used for the support of a traffic sign or signs.
(4 ) Paved Surfaces: No moveable fixture shall be placed,
installed, or erected directly on a paved surface which is intended
primarily for the use of motor vehicles.
(a) Any movable fixture placed or maintained on a
sidewalk shall leave a clear area for traffic of not less than
5 feet.
(b) Any movable fixture which is placed or maintained on
a bike path shall leave a clear area for traffic of not less
than 8 feet.
3 ORD. NO.
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( 5) Clear Zones: Movable fixtures shall not be installed,
placed or erected within clear zones as defined in this section.
Clear zones are defined as follows:
(a) The area measured within five feet of the face of a
six inch high vertically faced curb.
( b) The area from the edge of the travel lane on the
adjacent road for the following distances:
Speed Limit of Adjacent Road Distance
30 mph or less 10 feet
35 mph or greater 18 feet
( c) The area measured from the edge of an auxiliary lane
of the adjacent street within the following distances.
Speed Limit of Adjacent Road Distance
30 mph or less 6 feet
35 mph or greater 10 feet
(6 ) Sight Areas: Movable fixtures shall not be placed,
attached, installed or erected within the sight areas defined in
this section. For purposes of this section, sight areas extend
vertically from a point 3 feet above the payment elevation. Sight
areas are further defined as the area extending from the intersect-
ing sidestreet and a parallel line IS' from the edge of pavement
running for 115 feet where the street on which the news rack is
placed does not have a six inch vertically faced curb, or that area
extending from the intersecting sidestreet and a parallel line 15'
from the edge of pavement running for 210 feet where the street on
which the news rack is placed does have a six inch vertically faced
curb. I
(7) other Areas: Movable fixture shall not be placed,
installed, or erected in any of the areas defined in this section.
(a) The area within 50 feet of any railroad track.
(b) On any city property unless the location has been
specifically permitted by the City Manager or his
designee.
(c) The area within the medians of a divided roadway.
(8 ) Movable fixtures shall not be placed on any roadway, bike
path or adjacent swale area within residential zoned districts of
the City.
(C) Standards for Newsracks Maintenance and Installation:
( l) No more than one news rack containing the same iss UE,
or edition of the same publication shall be located within the
same block or l,OOO feet, whichever is the lesser distance, on
the same side of the street, provided, however, a controll j nCJ
enti ty may locate news racks closer to each other if a public
need is determined to exist. A public need may be established
by the following method, but such method is not exclusive. A
controlling entity desiring to establish a public need, may
place a newsrack at the proposed location after notice to the
City for a period of one month. If during that one month test
period, the average circulation from that news rack equals or
exceeds 75 percent of the capacity of the newsrack, the public
need is established and the additional newsrack may remain at.
its location.
4 ORD. NO.
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(2 ) Any news rack which in whole or in part rests upon in
or over any public property or right-of-way shall comply with
the following standards:
(a) A news rack shall not exceed 4 feet, 6 inches in
height, 40 inches wide, or 24 inches in depth.
( b) Coin operated newsracks shall be equipped wi th
a coin return mechanism to permit a person wishing to
purchase a newspaper or periodical to secure an immediate
refund in the event the news rack is inoperable. At all
times, the coin return mechanism shall be maintained in
good working order.
(c) The controlling entity shall permanently affix
to its news racks a label which states a 24 hour operable
telephone number of a working telephone service which the
customer may call to report a malfunction, or to secure a
refund in the event of a malfunction of the coin return
mechanism. The label shall feature clearly on its face,
the name and address of the distributor to give the
notices provided for in this chapter.
(d) The controlling entity shall maintain each
news rack in a neat and clean condition, and in good
repair at all times.
(e) All news racks shall have a uniform light browr
finish. Provided, however, that newsracks may be of an -
color if they are shielded from view on three sides in a
covering buH t and permitted in accordance with the
City's Building Code.
(0) Restriitions on Advertising:
,
Newsracks shall not be used for advertising or publicity
purposes other than that pertaining to the display, sale or
purchase of the newspaper or news periodicals sold or distributed
therein. Only one ( I) advertising sign, not exceeding two square
feet in area, may be placed on a newsrack. In addition to the
advertising sign, the controlling entity may display once, on a
newsrack, the name of the publication. The name of the publication
may be displayed in lettering no greater than 12" in height.
( E) Abandonment:
In the event a newsrack remains empty for a period of 30
continuous days, it shall be deemed abandoned, and may be treated
in the same manner as provided in (F) below for movable fixtures in
violation of the provisions of this subchapter.
(F) Enforcement; Correction of Violation:
( 1 ) Upon determination by a Code Enforcement Officer that a
movable fixture has been installed, used, or maintained in
violation of the provisions of this subchapter. An order to
correct the offending condition shall be issued to the entity
controlling the movable fixture.
(2 ) The order to correct the offending condition shall
specifically describe the offending condition and/or violation ant
may suggest actions necessary to correct the condition or
violation. Such order shall be mailed by certified mail return
.._--- . receipt requested to the controlling entity.
( 3) Failure to properly correct the offending condition or
violation within 15 days after the mailing date of the order, shall
5 ORD. NO.
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result in the offending movable fixture being removed by the city.
Any movable fixture removed by the city hereunder shall be stored
at the controlling entity'S expense for a period of 30 days. The
movable fixture shall be released upon a proper showing of
ownership and payment of any and all storage charges. In the event
the movable fixture is not claimed within the 30 day period, the
movable fixture may be sold at public auction and the proceeds
applied first to removal, administrative and storage charges, and
the remainder, if any, then paid into the General Fund of the City.
(4 ) If the controlling entity is not identified on the
moveable fixture, it will be considered abandoned and posted as
such.
(5 ) If the movable fixture is posted as abandoned and not
removed within 7 days from the date of posting, or the City is not
contacted by the controlling entity within 7 days from receipt of
the order, the City may remove the movable fixture immediately.
The City shall store the movable fixture for 30 days and if not
claimed within that time, the City may dispose of the movable
fixture in any manner it deems appropriate. If the movable fixture
is claimed, the entity claiming the movable fixture shall pay for
all removal, administrative and storage charges prior to release of
the fixture. If the charges are not paid within 15 days of claim
being made, the City may dispose of the movable fixture.
(6 ) At least ten days prior to the publ ic auction, the City
Clerk shall publish a description of the movable fixture, the
location from where it was removed, and notice of the auction in a
newspaper of general circulation in the city and shall provide the
controlling entity identified on the movable fixture, or if other-
wise known, with written notification of the auction by certi f ied
mail, retur? receipt requested. Provided, however, that the City
Manager, or/his designee, may dispose of the movable fixture in any
manner it 'sees fit, including negotiating the release of the
movable fixture to the controlling entity for less than full
payment of all storage charges if the City Manager or his designee
is of the opinion that such disposal will be more advantageous to
the City than auctioning off the movable fixture.
(7 ) In the event the controlling entity appeals the order to
correct the offending condition, as provided for in Subsection
6.3.3(G), below, then removal of the movable fixture shall be
stayed pending final disposition of the appeal, which final dis-
position shall include any judicial review. The city shall
reimburse the controlling entity any storage charges paid pursuant
to an order issued by the city in the event the decision on the
appeal is rendered favorable to the controlling entity.
(G) Appeals: Any person or controlling entity aggrieved by any
order, finding, or determination, taken under the provisions of this
ordinance, (hereinafter an appellant) may file an appeal with the Code
Enforcement Board for the City of Delray Beach. The appellant must
effect their appeal within 15 days after receipt of the order mailed to
the appellant pursuant to this ordinance. In order to effect the
appeal, the appellant must deliver their letter of appeal, briefly
stating the basis of their appeal, to the Clerk of the Code Enforcement
Board. The Code Enforcement Board shall hold a hearing on the appeal no
later than 30 days following the receipt of the letter of appeal, unless
the parties mutually agree to an extension thereof. The appellant shall
be given at least 7 days written notice of the time and place of the
hearing. The Board shall give the appellant and any other interested
party a reasonable opportunity to be heard in order to show cause why
the fixture is not violating this ordinance. At the conclusion of the
... hearing the Board shall make a final and conclusive determination. The
determination shall be reduced to writing and signed by the Board and
filed in the Office of the City Clerk within 15 days of the hearing and
6 ORD. NO.
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a copy shall be sent to the appellant. The decision of the Board shall
be effective when rendered. The decision of the Board may be appealed
as provided for by law.
(H) The use of a bench for advertising purposes is strictly
prohibited.
Section 2. That all ordinances or parts of ordinances which
are in conflict herewith are hereby repealed.
Section 3. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 4. That this ordinance shall become effective immedi-
ately upon its passage on second and final reading; provided, however
that the City's formal enforcement measures shall not begin for a period
of one hundred twenty (120) days.
PASSED AND ADOPTED in regular session on second and final
reading on this the _____ day of , 199 -
MAY 0 R
ATTEST:
City Clerk
First Reading /
I I
Second Reading
newsl.ord
7 ORD. NO.
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER '!I~
SUBJECT: AGENDA ITEM # I~B - MEETING OF MAY 26. 1992
ORDINANCE NO. 19-92
DATE: May 22, 1992
This is a first reading of an ordinance annexing to the City the
Highland Trailer Park property located on Barwick Road approximately
180 feet north of West Atlantic Avenuej with initial zoning of MH
(Mobile Home).
This annexation involves the calling in of water service agreements.
With the recent voluntary annexation of the Barwick School, the
trailer park has become contiguous to the City limits, and thus
eligible for annexation.
The Planning and Zoning Board at their March 16th meeting recommended
approval of the annexation.
Recommend approval of Ordinance No. 19-92 on first reading.
p~ l.s,....~ b -0
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: ".----DAVID T. HARDEN, CITY MANAGER
~)~~U0Cd
THRU: ViD J. KOVACS, DIRECtOR
~ENT OF PLANNING AND ZONING
FROM: PAUL DO~ER II
SUBJECT: MEETING OF MAY 26, 1992
ANNEXATION AND INITIAL ZONING OF THE HIGHLAND TRAILER
P ARK AND ADJACENT PROPERTIES TO MH (MOBILE HOME) IN
PART, GC (GENERAL COMMERCIAL) AND NC (NEIGHBORHOOD
COMMERCIAL) IN PART.
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
Highland Trailer Park and adjacent properties with an
initial zoning designation of MH (Mobile Home) in part, GC
(General Commercial) in part, and NC (Neighborhood
Commercial) in part.
The petition is a combination of City initiated and
voluntary annexations. These include:
* The City initiated annexation and an initial zoning of
MH (Mobile Home) of Lots 9-170 of the Highland Trailer
Park, common area owned by the Highland Trailer Park
(north 8' of Lots 1-8) and the public streets within
the Highland Trailer Park Subdivision.
* The City initiated annexation of Lot 6 and a portion
of Lots 5 and 7 (Handy Market) with intial zoning of
NC (Neighborhood Commercial).
* The voluntary annexation of Lots 1-4 and a portion of
Lot 5 (Delray Farmers Mart) with initial zoning of NC
(Neighborhood Commercial).
* The voluntary annexation of Lot 8 and a portion of Lot
7 (Citco Gasoline Station) with initial zoning of GC
(General Commercial).
The properties are located at approximately the northwest
cor~er of Barwick Road and Atlantic Avenue.
'.
City Commission Documentation
Annexation Highland Trailer Park and Adjacent Property
Page 2
BACKGROUND:
In 1984, and again in 1987 water service agreements were
obtained from all owners (Lots 9-170; 130 residences) of the
Highland Trailer Park. Within these water service agreements
the standard annexation clause was included. With the recent
voluntary annexation of the Barwick School, the trailer park has
become contiguous to the City limits and, thus eligible for
annexation.
A request by telephone from an official of the Highland Park
Company (owner of common area within the park) was received to
initiate the annexation of Lots 9-170 (Highland Trailer Park) .
On February 9, 1992 the City Commission initiated the annexation
with initial zoning of MH (Mobile Home) on a unanimous 5-0 vote.
During analysis of the Highland Trailer Park annexation it was
identified that two of the three commercial parcels adjacent to
the park along Atlantic Avenue are receiving City water without
executed water service agreements. Without those agreements,
the City would have to rely on a voluntary annexation of the
properties, or annex them by dual referendum. A successful
referendum would have to include both the Highland Trailer Park
and the commercial strip.
The Planning and Zoning Board reviewed the Highland Annexation
(see Planning and Zoning Board consideration), and forwarded a
recommendation to proceed with a dual referendum which would
include both the mobile home park and the commercial parcels.
At the City Commission meeting of March 24, 1992 the City
Commission directed staff to proceed with a dual referendum to
be held on September 1, 1992 while continuing to work with the
other commercial lot to reach a voluntary annexation agreement.
Subsequently, the owner of the gas station at the corner of
Barwick Road and Atlantic Avenue petitioned for annexation and
upon review by the Planning and Zoning Board (see Planning and
Zoning Board Consideration) was forwarded with a recommendation
of approval. On May 12, 1992 the City Commission initiated the
annexation of the Handy Mart (Lot 6 and a portion of Lots 5 and
7 of the Highland Trailer Park Subdivision). Subsequently the
Delray Farmers Market (Lots 1-4 and a portion of Lot 5) has
joined the annexation voluntarily.
The annexation petition now includes the trailer park and the
three commercial properties along Atlantic Avenue.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed the annexation
of Lots 9-170 (Highland Trailer Park) at its meeting of February
24, 1992. At that meeting, public testimony was taken and the
item was continued pending disposition of questions relating to
annexation, sewering of the commercial parcels along Atlantic
Avenue (Lots 1-8) and maintenance responsibility for the public
City Commission Documentation
Annexation Highland Trailer Park and Adjacent Property
Page 3
streets. On March 16, 1992 the Planning and Zoning Board
reconsidered the annexation (lots 9-170) and recommended to the
City Commission that an Ordinance be prepared for a dual
referendum to include the Highland Trailer Park and the
commercial Lots 1-8 along Atlantic Avenue.
On April 20, 1992 the Planning and Zoning Board recommended
approval of the voluntary annexation, Land Use Amendment from
"Transitional" to "General Commercial" and initial zoning of
"General Commercial" for Lot 8 and a portion of Lot 7 (Gasoline
Station) .
On May 18, 1992 the Planning and Zoning Board recommended
approval of the voluntary annexation of Delray Farmers Market
(Lots 1-4 and a portion of Lot 5) and the City initiated
annexation of the Handy Mart (Lot 6 and a portion of Lots 5 and
7) both with initial zoning designations of NC (Neighborhood
Commercial) on a unanimous 6-0 vote.
RECOMMENDED ACTION:
By motion, approve on first reading the annexation of the
Highland Trailer Park and adjacent properties with initial
zoning of MH (Mobile Home) in part, GC (General Commercial) in
part and NC (Neighborhood Commercial) in part.
Attachment:
* Cover Map of Trailer Park and Adjacent Property
* Aerial of Trailer Park Area
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ORDINANCE NO. 19-92
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY
BEACH, LAND LYING AND BEING IN SECTION 13, TOWNSHIP 46
SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, AND
BEING MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND
IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID
CITY: SAID LAND IS LOCATED ON BARWICK ROAD,
APPROXIMATELY 143 FEET NORTH OF WEST ATLANTIC AVENUE;
REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID
LAND~ PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID
LAND; PROVIDING FOR THE ZONING THEREOF TO MH (MOBILE
HOME) DISTRICT~ PROVIDING A GENERAL REPEALER CLAUSE;
PROVIDING A SAVING CLAUSE~ PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the fee-simple owners of the hereinafter described
property have requested by their petition to have the property annexed
into the municipal limits of the City of Delray Beach~ and,
WHEREAS, the subject property hereinafter described is now
contiguous to the corporate limits of the City of Delray Beach, thus
making said petition for annexation effective at this time~ and,
WHEREAS, the designation of a zoning classification is part of
the annexation proceeding, and provisions of Land Development
Regulations Chapter Two have been followed in establishing the proposed
zoning designation~ and,
WHEREAS, the City of Delray Beach has heretofore been
authorized to annex lands in accordance with Section l71.044 of the
Florida Statutes,
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, Palm Beach County, Florida, hereby annexes to said City the
following described lands located in Palm Beach County, Florida, which
lies contiguous to said City to-wit:
The North 8 feet of Lots 1 through 8, inclusive, and
all of Lots 9 through 170, inclusive, HIGHLAND TRAILER
PARK, according to the Plat thereof, recorded in Plat
Book 24, Page 213, of the Public Records of Palm Beach
County, Florida; together with the public streets
lying within the Highland Trailer Park Subdivision and
the west one half of the adjacent Barwick Road
right-of-way lying east of and adjacent to the
Highland Trailer Park Subdivision.
Section 2. That the boundaries of the City of Delray Beac~,
Florida, are hereby redefined to include therein the above-descrlb~,
tracts of land and said lands are hereby declared to be within ~k
corporate limits of the City of Delray Beach, Florida.
Section 3. That Chapter Two of the Land Deve1opme~'
Regulations has been followed in the establishment of a ZO~l~ ;
classification in this ordinance and the tracts of land hereinabo~
described are hereby declared to be in Zoning District MH (Mobile HO~~i
as defined by existing ordinances of the City of Delray Beach,
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Section 4. That tne land hereinabove described shall
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 and
persons residing thereon shall be deemed citizens of the City of Delray
Beach.
Section 5. That this annexation of the subject property,
including adjacent roads, alleys, internal streets, or the like, if any,
shall not be deemed acceptance by the City of any maintenance
responsibility for such roads, alleys, internal streets, 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 provisions of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 8. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on this the day
of , 1992. .
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER-(//
SUBJECT: AGENDA ITEM # I~u - MEETING OF MAY 26. 1992
ORDINANCE NO. 20-92
DATE: May 22, 1992
This is a first reading of an ordinance annexing to the City the G&Z
Auto Care property located on the northwest corner of Atlantic
Avenue and west of Barwick Road; with initial zoning of GC (General
Commercial) .
This is a voluntary annexation petition. With the proposed
annexation of the Highland Trailer Park this property has become
contiguous to the City limits, and thus eligible for annexation.
The Planning and Zoning Board at their April 20th meeting recommended
approval of the annexation.
Recommend approval of Ordinance No. 20-92 on first reading.
p~ IS! R.w.dL L{ -0
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ORDINANCE NO. 20-92
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY
BEACH, LAND LYING AND BEING IN SECTION 13, TOWNSHIP 46
SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, AND
BEING MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND
IS CONTINGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID
CITY; SAID LAND IS LOCATED AT THE NORTHWEST CORNER OF
BARWICK ROAD AND WEST ATLANTIC AVENUE; REDEFINING THE
BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND;
PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND;
PROVIDING FOR THE ZONING THEREOF TO GC (GENERAL
COMMERCIAL) DISTRICT; PROVIDING A GENERAL REPEALER
CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, G&Z Auto Care, Inc. , is the fee-simple owner of the
East 43.16 feet of Lot 7 and all of Lot 8, Highland Trailer Park,
according to the Plat thereof as recorded in Plat Book 24, Page 213.
Public Records of Palm Beach County, Florida, LESS the North 8 feet
thereof, and LESS the South 28.25 feet for road right-of-way for State
Road 806; and,
WHEREAS, the fee-simple owner as hereinabove named has
requested by their petition to have the property annexed into the
municipal limits of the City of Delray Beach; and,
WHEREAS, the subject property hereinafter described is no~'
contiguous to the corporate limits of the City of Delray Beach, thus
making said petition for annexation effective at this time; and,
WHEREAS, the designation of a zoning classification is part of
the annexation proceeding, and provisions of Land Development
Regulations Chapter Two have been followed in establishing the proposed
zoning designation; and,
WHEREAS, the City of Delray Beach has heretofore been
authorized to annex lands in accordance with Section 171.044 of t:-,e
Florida Statutes,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DEL RAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of De 1::- 3',
Beach, Palm Beach County, Florida, hereby annexes to said City " ,
following described lands located in Palm Beach County, Florida, '.-J~.l_: :-;
lies contiguous to said City to-wit:
The East 43.16 feet of Lot 7 and all of Lot 8,
HIGHLAND TRAILER PARK, according to the Plat thereof
as recorded in Plat Book 24, Page 213, Public Records,
of Palm Beach County, Florida, LESS the North 8 feet
thereof, and LESS the South 28.25 feet for road
right-of-way for State Road 806; together with the
west one half of the adjacent Barwick Road
right-of-way lying east of and adjacent to said
property, and the north one half of the adjacent State
Road 806 (Atlantic Avenue) right-Of-way lying south of
and adjacent to said property.
Section 2. That the boundaries of the City of Delray B"" -
Florida, are hereby redefined to include therein the above-desc::- ~:,
tracts of land and said lands are hereby declared to be with.l:l ' ~
corporate limits of the City of Delray Beach, Florida.
,
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Section 3. That Chapter Two of the Land Development
Regulations has been followed in the establishment of a zon~ng
classification in this ordinance and the tracts of land hereinabove
described are hereby declared to be in Zoning District GC (General
Commercial) as defined by existing ordinances of the City of Delray
Beach,
Section 4. That the land hereinabove described shal:'
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 ar,d
persons residing thereon shall be deemed citizens of the City of De 1r 3.':'
Beach.
Section 5. That this annexation of the subject 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 b'!
the City pursuant to current requirements and conditions.
Section 6. That all ordinances or parts of ordinances - ..
conflict herewith be, and the same are hereby repealed.
Section 7. That should any section or provisions of thlS
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 .>
whole or part thereof other than the part declared to be invalid.
Section 8. That this ordinance shall become ef:ec~:.':e
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on this the ':::3";
of , 1992.
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERf,/1
SUBJECT: AGENDA ITEM # / d. 0 - MEETING OF MAY 26. 1992
ORDINANCE NO. 21-92
DATE: May 22, 1992
This is a first reading of an ordinance annexing to the City the
Delray Farmers Market and Handy Mart property located west of Barwick
Road on the north side of West Atlantic Avenue; with initial zoning
of NC (Neighborhood Commercial).
At the May 12, 1992 regular meeting authorized the initiation of
annexation of the Handy Mart. Subsequently, the Delray Farmer's
Market jointed the annexation voluntarily. With the proposed
annexation of the Highland Trailer Park this property has become
contiguous to the City limits, and thus eligible for annexation.
The Planning and Zoning Board at their May 18th meeting recommend
approval of the annexation.
Recommend approval of Ordinance No. 21-92 on first reading.
p~ 1ST R-uurL 4-0
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ORDINANCE NO. 21-92
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY
BEACH, LAND LYING AND BEING IN SECTION 13, TOWNSHIP 46
SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, AND
BEING MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND
IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID
CITY; SAID LAND IS LOCATED WEST OF BARWICK ROAD ON THE
NORTH SIDE OF WEST ATLANTIC AVENUE; REDEFINING THE
BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND;
PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND;
PROVIDING FOR THE ZONING THEREOF TO NC (NEIGHBORHOOD
COMMERCIAL) DISTRICT; PROVIDING A GENERAL REPEALER
CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Delray Farmers Market, Inc. , % E.J. Kaneb, is the
fee-simple owner of Lots 1, 2, 3, 4 and the West 35 feet of Lot 5,
Highland Trailer Park, according to the Plat thereof, recorded in Plat
Book 24, Page 213, of the Public Records of Palm Beach County, Florida,
Less the North 8 feet thereof, and Less the South 28.25 feet thereof for
road right-of-way for State Road 806; and,
WHEREAS, Acme Petroleum Ltd. Corp. (Handy Mart) is the
fee-simple owner of Lot 5 (Less the West 35 feet thereof), all of Lot 6,
and the West 32 feet of Lot 7, Highland Trailer Park, according to the
Plat thereof as recorded in Plat Book 24, Page 213, Public Records 0::
Palm Beach County, Florida, Less the North 8 feet thereof, and Less the
South 28.25 feet thereof for road right-of-way for State Road 806; and,
WHEREAS, the fee-simple owners as hereinabove named have
requested by their petition to have the property hereinafter described
annexed into the municipal limits of the City of Delray Beach; and,
WHEREAS, the subject property hereinafter described is now
contiguous to the corporate limits of the City of Delray Beach, thus
making said petition for annexation effective at this time; and,
WHEREAS, the designation of a zoning classification is part of
the annexation proceeding, and provisions of Land Development
Regulations Chapter Two have been followed in establishing the proposed
zoning designation; and,
WHEREAS, the City of Delray Beach has heretofore bee"
authorized to annex lands in accordance with Section 171.044 of the
Florida Statutes,
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 Delr3
Beach, Palm Beach County, Florida, hereby annexes to said City t~
following described lands located in Palm Beach County, Florida, WhiC
lies contiguous to said City to-wit:
Lots 1, 2, 3, 4 and the West 35 feet of Lot 5,
HIGHLAND TRAILER PARK, according to the Plat thereof,
recorded in Plat Book 24, Page 213, of the Public
Records of Palm Beach County, Florida, LESS the North
8 feet thereof, and LESS the South 28.25 feet thereof
for road right-of-way for State Road 806; together
with the north one half of the adjacent Atlantic
Avenue right-Of-way lying south of and adjacent to
said property.
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Together with
Lot 5 (LESS the West 35 feet thereof), all of Lot 6,
and the West 32 feet of Lot 7, HIGHLAND TRAILER PARK,
according to the Plat thereof as recorded in Plat Book
24, Page 213, Public Records of Palm Beach County,
Florida, LESS the North 8 feet thereof, and LESS the
South 28.25 feet thereof for road right-of-way for
State Road 806; together with the north one half of
the adjacent Atlantic Avenue right-of-way lying south
of and 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 are hereby declared to be in Zoning District NC (Neighborhood
Commercial) as defined by existing ordinances of the City of Delray
Beach,
Section 4. That the land hereinabove described shall
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 and
persons residing thereon shall be deemed citizens of the City of Delray
Beach.
Section 5. That this annexation of the subject 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 provisions of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 8. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on this the day
of , 1992.
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER'-'iv
J
SUBJECT: AGENDA ITEM # I~S - MEETING OF MAY 26. 1992
ORDINANCE NO. 22-92
DATE: May 22, 1992
This is a first reading of an ordinance amending the Land Development
Regulations to provide for a more appropriate application of stacking
distance requirements at the entry to parking lots.
The term "stacking distance" refers to the distance in a parking lot
between the first parking space or aisle way and the right-of-way
line. Minimum stacking distances are required in order to ensure
that traffic entering and exiting a parking lot is not impeded by
vehicles maneuvering in and out of parking spaces or elsewhere
throughout the parking lot.
Under the current provisions, the minimum required stacking distance
in a parking lot is 20 feet. A distance of 50 feet is required for
properties which generate traffic volumes in excess of 500 average
daily trips. These requirements sometimes create a hardship for
smaller sites, which have limited available areas for parking and
driveways. Additionally, the current provisions do not address
stacking lanes, which is an important aspect in determining safe
stacking distance.
The proposed amendment:
-consolidates stacking requirements under one section of the LDRs
-reduces the stacking distance for those having 20 or fewer
parking spaces to five feet
-provides a greater range of stacking distances to accommodate a
variety of conditions
-provides further clarification of minor technical items
The Planning and Zoning Board at their May 18th meeting recommended
approval of the proposed text changes.
Recommend approval of Ordinance No. 22-92 on first reading.
PCv~ \S,- 0M- 4-0
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ORDINANCE NO. 22-92
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER SIX,
"INFRASTRUCTURE AND PUBLIC PROPERTY" , SECTION
6.1. 4, "DRIVEWAYS AND POINTS OF ACCESS", OF THE
LAND DEVELOPMENT REGULATIONS OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA,
BY REPEALING SUBPARAGRAPH 6.1.4(B) (3) (d) IN ITS
ENTIRETY AND ENACTING A NEW SUBPARAGRAPH
6.1.4(B) (3) (d); AMENDING CHAPTER FOUR, "ZONING
REGULATIONS", SECTION 4.6.9, "OFF-STREET PARKING
REGULATIONS", OF THE LAND DEVELOPMENT REGULATIONS
OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING
SUBPARAGRAPH 4.6.9(D) (3) (c), "STACKING DISTANCE" ,
TO PROVIDE FOR A MORE APPROPRIATE APPLICATION OF
STACKING DISTANCE REQUIREMENTS AT THE ENTRY TO
PARKING LOTS; PROVIDING A SAVING CLAUSE; PROVIDING
A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE
DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DEL RAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter Six, "Infrastructure and Public
Property" , Article 6.1, "Design Standards and Requirements" ,
Section 6.1.4, "Driveways and Points of Access", Subsection
6.1.4(B), "Design Requirements", Subparagraph 6.1.4(B) (3) (d) of the
Land Development Regulations of the Code of Ordinances of the City
of Delray Beach, Florida, be, and the same is hereby repealed in
its entirety.
Section 2. That Chapter Six, "Infrastructure and Public
Property", Article 6.1, "Design Standards and Requirements",
Section 6.1. 4, "Driveways and Points of Access", Subsection
6.1.4(B), "Design Requirements", of the Land Development
Regulations of the Code of Ordinances of the City of Delray Beach,
Florida, be, and the same is hereby amended by enacting a new
subparagraph 6.1.4(B) (3) (d) to read as follows:
(d) Stacking: See Section 4.6.9(D) (3) (c).
Section 3. That Chapter Four, "Zoning Regulations" ,
Article 4.6, "Supplemental District Regulations", Section 4.6.9,
"Off-Street Parking Regulations", Subsection 4.6.9 (D) , "Design
Standards", Sub-subsection 4.6.9(D) (3), "Points of Access to the
Street System", Subparagraph 4.6.9(D) (3) (c), "Stacking Distance" ,
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:
(c) Stacking Distance: The minimum provisions for stacking
distance shall be as follows:
* The minimum distance between a right-of-way and the first
parking space or aisleway in a parking lot shall be
tw~ntt/f~~t/A20'li as outlined in the following table:
Number Access Street Minimum
of Spaces Classification Stacking Distance
20 or fewer Local 5 feet
21 - 50 Local 20 feet
50 or fewer Non-Local 20 feet
51 or more All Streets 50 feet
Greater stacking distance may be required as a condition
. of site plan approval in all cases.
'.
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* Provisions must be made to provide for 100 feet of clear
stacking from the first point of transaction for each
lane of a drive-thru facility and in advance of all
guardhouses or security gates.
* Provisions must be made for stacking and transition of
incoming traffic from a public street, .tl.nt/p~Lritlwhete
theteILs/.n/0~8tt~ttL~n/wLt~inll./p.t~Ln~/10t/0tlal~n~Ila
ptLt.te/stteet such that traffic may not backup into the
public street system. The length of--rhe stacking area
shall be determined as a part of the traffic study which
would be required for such a project.
Section 4. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word
be declared by a court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the remainder hereof
as a whole or part thereof other than the part declared to be
invalid.
Section 5. That all ordinances or parts of ordinances
which are in conflict herewith be, and the same are hereby
repealed.
Section 6. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1992.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
f - 2 - Ord. No. 22-92
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: ~ T. HAm CITY MANAGER
'Ct.-,--,vJ '- UCL~4-
THRU: DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ~G ~
FROM: DIANE DOMINGUEZ, PLANNER III ~ u~
SUBJECT: MEETING OF MAY 26, 1992
ORDINANCE AMENDING LDRs RE: STACKING DISTANCES
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of a text amendment to the LDRs. The affected
sections include 4.6.9(D)(3)(c) and 6.1.4(B)(3)(d), both
of which deal with requirements for stacking distances at
the access to parking lots.
BACKGROUND
Within the context of this amendment, the term "stacking
distance" refers to the distance in a parking lot between the
first parking space or aisleway and the right-of-way line.
Minimum stacking distances are required in order to ensure that
traffic entering and exiting a parking lot is not impeded by
vehicles maneuvering in and out of parking spaces or elsewhere
throughout the parking lot.
Stacking distances are addressed in Section 4.6.9(D) (3) (c) of
the LDRs, as part of the off-street parking regulations, and
again in Section 6.1.4(B) (3) (d) which deals with design
standards and requirements for driveways and points of access.
The standards for stacking distances set forth in these two
sections are inconsistent. Further, it is appropriate to have
them consolidated under one section of the code.
Under the current ordinances, the minimum required stacking
distance in a parking lot is 20 feet. A distance of 50 feet is
required for properties which generate traffic volumes in excess
of 500 average daily trips. These requirements sometimes create
a hardship for smaller sites, which may have limited available
area for parking and driveways. In addition, the current
standards fail to address the type of road being accessed by the
stacking lane, which is an important aspect in the determination
of a safe stacking distance.
...
City Commission Documentation
Ordinance Amending LDRs Re: Stacking Distances
Page 2
The proposed text amendment addresses these deficiencies through
the following provisions:
1. Consolidation of stacking requirements under one
section of the LDRs (Section 4.6.9(D) (3) (c)), by
deleting the standards currently outlined in Section
6.1.4.(B)(3)(d).
2. Reduction in the stacking distance required for
smaller developments (those having 20 or fewer parking
spaces) to 5 feet.
3. Provision of a greater range of stacking distances to
accommodate a variety of conditions, as opposed to the
two standards (20 or 50 feet) which are currently
used.
4. Other changes of a minor technical nature to prov ide
clarification.
Please refer to the attached Planning and Zoning Board staff
report for additional detail concerning this amendment.
PLANNING AND ZONING BOARD CONSIDERATION
The Planning and Zoning Board formally reviewed this item at its
meeting of May 18, 1992. The Board voted unanimously to
recommend approval of the text amendment. Following the P & Z
meeting, staff made minor adjustments to the text for
clarification purposes. Those changes have been written into
the attached report.
RECOMMENDATION
By motion, approval of the text amendment on first reading.
Attachments: P & Z Staff Report
DD/T: CCSTACK. DOC
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PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
MEETING OF: MAY 18, 1992
AGENDA ITEM: 111.0. LAND DEVELOPMENT REGULATIONS, TEXT CHANGE
CONSIDERATIONS
ITEM BEFORE THE BOARD:
The item before the Board is that of making a recommendation to
the City Commission regarding proposed amendments to the LOR's.
The specific sections being examined are 4.6.9(D)(3)(c) and
6.1.4(B)(3)(d). They deal with the subject of stacking distance
at the entry to parking lots.
Section 1.1.6 (page 1103) applies with respect to authority.
BACKGROUND:
Currently, required on-site stacking distances are addressed in both
Sections 4.6.9(D)(3)(c) as they pertain to exiting and
6.1.4(B)(3)(d) as they pertain to entry from a right-of-way_ The
recommended changes are being proposed to accommodate a more
appropriate application of stacking distance requirements and to
simply their application. The proposed changes are to accommodate:
1. Removal of stacking requirements from section 6.1.4(B) (3) (d)
such that these provisions occur only once in the Code;
2. Revise the stacking requirements to accommodate more
appropriate standards by providing a range of distances as
opposed to the single standard of twenty feet (20' ) which
presently exists.
These changes are being brought to the Board for consideration at
the request of the Planning Department staff.
SPECIFIC TEXT CHANGES:
1. Section 4.6.9(D)(3)(c) off street parking regulations, design
standards, point of access to the street system, stacking
distance, page 4641.
DELETE the first two asterisk sections, i.e.:
'1 1~e ~lril~~~ ~I;tarite ~etweeri a tIi~t/~tlwa; ari~ t~4 tIt;t
patXIrii ;pate Iri patXIrii l~t ;~all ~e twerit;lte4t (2011/
'.
, 1Ke ~lril~~~ ~I~t;rite ~etweeri a tl~Ktf~tfw;t ;ri~ tKe tItst
lS;tKIri~ ~1S;te Iri ; lS;tKIri~ l~t t~t wKItK tKete Is Iri
exteas ~t SSS A01 ;t ~~tK 1S~lrit aKall ~e tIttt teet (SS!11
K0wetetl ~teatet at;tKIri~ ~lst4rite tlat ~e tetttfIted as a
t0ri~ltl~ri 0t ~Ite ISl;ri ;lSlSt~tal'
and REPLACE with the following:
* The minimum distance between a right-of-way and the first
- parking space or aisleway in a parking lot shall be as
outlined in the following table:
MINIMUM
NUMBER ACCESS STACKING
OF STREET DISTANCE
SPACES TYPE (FEET)
~ 0'\. \e.~~ Local ~
2'1- 50 Local 20
tI1 50o,1\. lq,sS' Non-Local 20
~ (lJ... '(YI.JfL All Streets 50
* Greater stacking distances may be required as a
- condition of site plan approval in all cases.
CHANGE the existing text in the third asterisk to read as
follows:
* "Provisions must be made to provide 100' of clear stacking
from the first point of transaction for each lane in a
drive-thru facility and in advance of all guardhouses or
security gates."
CHANGE the existing text in the fourth asterisk to read as
follows:
* "Provisions must be made for stacking and transition of
incoming traffic from a public street, at any point where
there is an obstruction within a parking lot or along a
private street such that traffic may ~ backup into the
public street system. The length of the stacking area
shall be determined as a part of the traffic study which
would be required for such a project.
2. Section 6.l.4(B)(3)(d) driveways and points of access, design
requirements, number, location, spacing and stacking, page
6110.
DELETE the existing text and REPLACE with the following:
(d) Stacking: See section 4.6.9(D)(3)(c).
2
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BASIS FOR THE REQUESTED CHANGES:
Prior to LOR approval, the 20' requirement applied only to parking
lots with greater than'O spaces. There was some discussion that a
25' depth was more appropriate. Also, there were some instances -
particularly where access through the parking lot to other parcels
existed - in which the stacking distance should apply. Another
situation occurs when a parking lot is off a highly travelled
roadway. In creating the LORs, the 20 foot requirement became a
standard for all lots. This standard does present a hardship on
small lots where only two, or a few, spaces are involved. Thus,
some relief is appropriate.
It is suggested that the above proposal be enacted at this time, but
that the subject receive further scrutiny and be addressed again
when the "big" LOR amendment comes before the Board.
RECOMMENDED ACTION:
By motion, forward the proposed text amendments to the LDR's with a
recommendation of approval.
GL/leh
Report prepared by: h~ ~
Reviewed by OJK on: Ma 1 (, 1992 /
GL/t3/STACKING
3
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