01-16-91 Special/Workshop
CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION
SPECIAL/WORKSHOP MEETING - JANUARY 16, 1991 - 6:00 P.M.
1ST FLOOR CONFERENCE ROOM
AGENDA
Please be advised that if a person decides to appeal any decision made by
the City Commission with respect to any matter considered at this meeting
or hearing, such persons will need a record of these proceedings, and for
this purpose such persons may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and evidence upon
which the appeal is to be based. The City does not provide or prepare such
record.
SPECIAL MEETING
Pursuant to Section 3.07 of the City Charter of the City of Delray Beach,
Florida, Mayor Thomas E. Lynch has instructed me to advise you of a Special
Meeting of the Commission to be held in the 1st Floor Conference Room at
6:00 P.M., Wednesday, January 16, 1991. ¿ -f- /f cA Æ~~J..¿
L-Z~] atJ¢~
T~meeting has been called for tne purpose of considering-the-fõIIõwing:
LA:. Public Hearing regardinr a request from the Chamber of Commerce to
_waive the Sign Code. ,A - /2-.. '"';:: '/- 0
¿ Resolution No. 2-91: A Resolution for the acquisition of certain
properties within Block 20 for the construction of a new Fire Station
No.1 facility. 14-1- 1-1- 4-- (:)
cuI..; '~I () I- ~~'¡illfff/I&f!¡.
¡ Alison Mac regor arty
City Clerk
, b ~ II-€- WORKSHOP AGENDA 'j),' ..-
;/' Joint Se~i.o¿¡ >rfhh ~~;own Development Authority. ';;;~': ^ ..'.' .
vi: Report on Beach Renourishment Project: /'
~a. Status of funding ,
b. De signation as local sponsor /- " ,
c. Renegotiation of Interlocal Agreement -~~f,
~. Acquisition of land adjacent to S.D. Spady Elementary School.
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·
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONgRS
¡hi I
FROM: CITY MANAGER trv ¡
SUBJECT: AGENDA ITEM ~ 5PI- MEETING OF JANUARY 16, 1991
REQUEST FOR WAIVER OF SIGN CODE - GREATER DELRAY BEACH
CHAMBER OF COMMERCE
DATE: January 11, 1991
The item before the Commission is consideration of a request from
the Greater Delray Beach Chamber of Commerce to waive Section
4.6.7 (D) (3) (j) of the Sign Code. This waiver would allow the
Chamber to place signs along the Military Trail and Congress
Avenue corridors as well as on Linton Boulevard and Atlantic
Avenue for their annual membership drive from January 15 -
February 1, 1991. These signs are the same size as political
signs and would be placed on wooden stakes.
This matter was before you for initial consideration at the
January 8th regular meeting at which time the Commission granted
approval subject to the holding of a duly noticed public hearing
on the waiver request in accordance with code requirements.
Hence, the item is back before you as a formality in order to
satisfy the provisions of Chapter 30.15, "Waivers of City Ordi-
nances".
. . ,."
~~
GREA fER December 27, 1990
DELRAV BEACH
Chamoer of Commerce
. ':\. :1...,),' .:.."'}
···Mr.... Dave Harden
City Manager
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, Fl. 33444
Dear Dave:
As per our telephone conversation this morning, the Greater
Delray Beach Chamber of Commerce will be sponsoring its
annual membership drive from January 15 - February 1, 1991.
We believe this is an event that requires the type of '
publicity afforded to other events sponsored by the Chamber,
such as the Delray Affair.
If the city is to continue to have a strong economic and
social base, it is imperative that the Chamber thrive to
support the City in its efforts.
The strength of our membership dictates to what extent we
can assist the City, and we hoped to increase this
membership or at least awareness of this event through
signage.
We have had a professional artist design artwork in
compliance with the drive theme that are the same size as
political signs. We are looking to place them on wooden
stakes, like the political signs, along the Military Trail,
Congress Avenue corridors, and Linton Boulevard and Atlantic
Avenue. It is essential that this event have this signage
to be a success.
Therefore, we respectfully request that a waiver to the sign
code be granted to the Greater Delray Beach Chamber of
Commerce for this event. The signs will be placed early
Sunday morning, January 13, so as not to impede traffic and
will be removed immediately on Saturday, February 2 after
the event.
We appreciate this request being submitted to the City
commissioners for approval at the January 8th meeting.
ti Russell 8~~
ership Chairperson President
cc: Ken Ellingsworth f;J
Alison Judd
ACCRfDITfD
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[BY DF DELAR' BER[H .~. """"-- .'
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CITY ATTORNEY'S OFFICE 310 S.F. l~t STREFT. SUITE 4 · DELRAY BEACH. FLORIDA 33483
HI I MBMORAND'N/243-7090. TELECOPŒR 407/2784755
Date: January 11, 1991
To: City commission
From: Jeffrey S. Kurtz, City Attorney
Subject: Resolution NO. 2-9l/Aoquisition of Fire station NO. 1
Site
The above-referenced resolution deals with the same contracts
that were approved by the City commission at your December 28,
1990 meeting. As I indicated to the Commission at that
meeting, the C1ty code haa a provision which requires that
notice of the terms of the purchase be advertised for at least
2 weeks prior to passing a resolution authorizing the purchase
(see Section 36.04 copy attached). Wh1le 1t 1s our office's
opinion that section 36.04 1s inapplicable to the current
situation wherein a resolution of taking was previously passed
by the Commission, we are nonetheless recommending that it be
complied with in order to avert any potential title glitches or
problems.
We do suggest, in an effort to eliminate potential future
problems, that section )6.04 be re-written to clarity its
inapplicability to instances where the City has authorized the
taking ot a property. It appears that Section 36.04 was
drafted to insure the pUblic would be apprised of the terms and
conditions ot any purchase and therefore act as a check against
bad transactions. In the eminent domain setting, however,
pUblic scrutiny of any such acquisition already exi8ts, making
Section 36.04 redundant. consequently, due to the requirements
of section 26.04, there could potentially be a damaging delay
in order to effectuate the acqula1tlon of property.
Our office has prepared the following draft ordinance and would
suggest that it be placed on the Commission's aqenda for
January 29, with adoption on February 12.
Should you have any questions concerning this matter, please do
not hesitate to contact our office.
JSKI~~
Attachments
cc: David Harden, City Manager
-...--...- -.-.,.---.--
RESOLUTION NO. 2-91
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY
TO PURCHASE FROM THE SELLERS CERTAIN REAL
PROPERTY IN THE CITY OF DELRAY BEACH, WHICH
PROPERTY IS LOCATED WITHIN BLOCK 20, CITY OF
DELRAY BEACH, LOCATED ON THE NORTH SIDE OF
ATLANTIC AVENUE, BETWEEN N.W. 5TH AVENUE AND
N.W. 6TH AVENUE, HEREBY INCORPORATING AND
ACCEPTING THE CONDITIONS AND TERMS OF THE THREE
( 3) SEPARATE CONTRACTS FOR SALE AND PURCHASE
BETWEEN THE SELLERS AND THE CITY OF DELRAY
BEACH, FLORIDA.
WHEREAS, the Ci ty of Delray Beach, Florida, wishes to
acquire certain property wi thin Block 20 of the City of Delray
Beach for the purpose of constructing a new Fire Station No. 1
facility for municipal benefit¡ and,
WHEREAS, the Sellers hereinafter named desire to sell
the properties hereinafter described to the City of Delray Beach,
Florida¡ and,
WHEREAS, the City Commission of the City of Delray
Beach, Florida, at the special meeting of December 28, 1990,
approved three (3) separate proposed Contracts for Sale and
Purchase concerning acquisition of portions of the Fire Station
No. 1 site¡ and,
WHEREAS I it is in the best interest of the City of
Delray Beach, Florida, to purchase said property for the purpose
described above,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH I FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of
Delray Beach, Florida, as Buyer, hereby agrees to enter into a
Contract for Sale and Purchase with Ruthie Mae Evans, a single
woman, as Seller, for the purchase of a parcel of land, for the
purchase price of Forty-Nine Thousand I Eight Hundred Dollars
($49,800.00) and other good and valuable consideration¡ said
parcel being more particularly described as follows:
Commencing 250 feet south from the Northeast corner of
Block 20, DELRAY BEACH, for a point of beginning¡
thence west 135 feet¡ thence south 50 feet¡ thence east
135 feet¡ thence north 50 feet to the point of begin-
ning, according to the recorded plat of DELRAY BEACH,
in Plat Book 1, Page 3, of the public records of Palm
Beach County, Florida. Subject to easements, restric-
tions, limitations and other matters of record.
Section 2. That the City Commission of the City of
Delray Be ach, Florida, as Buyer, hereby agrees to enter into a
Contract for Sale and Purchase with William D. Gadson, a single
man, and Alice Jones, a single woman, as Seller(s) , for the
purchase of a parcel of land, for the purchase price of One
Hundred Eight Thousand, One Hundred Dollars ($108,100.00) and
other good and valuable consideration¡ said parcel being more
particularly described as follows:
~----- --~ . ---.-.-- - -
- ---- ------~-~ -
The south 135 feet of the west 135 feet, less the east
50 feet thereof, Block 20, CITY OF DELRAY BEACH,
according to the plat thereof on file in the office of
the Clerk of the Circui t Court, in and for Palm Beach
County, Florida, recorded in Plat Book 1, Page 3: LESS
therefrom the south 20 feet and that part of Block 20
which is tangent to a line 20 feet north and parallel
to the south line of Block 20, and tangent to the west
line of Block 20, as deeded to the State of Florida in
Official Record Book 1074, Page 369, Public Records of
Palm Beach County, Florida, containing 0.221 acres,
more or less: TOGETHER WITH a parcel commencing 135
feet north from the southwest corner of Block 20, CITY
OF DELRAY BEACH, for a point of beginning; thence run
east 135 feet; thence north 74 feet; thence west 135
feet; thence south 74 feet to a point of beginning,
according to the Public Records of Palm Beach County,
Florida, said land situate, lying and being in Palm
Beach County, Florida, containing 0.229 acres, more or
less. Subject to easements, restrictions, limitations
and other matters of record.
Section 3. That the City CO\TŒTIission of the City of
Delray Beach, Florida, as Buyer, hereby agrees to enter into a
Contract for Sale and Purchase with Kenneth Gary and Evelyn
Walker, flkl a Eve lyn Ga ry , as Seller(s) , for the purchase of a
parcel of land, for the purchase price of One Hundred Twenty-Four
Thousand, Seven Hundred Dollars ($124,700.00) and other good and
valuable consideration; said parcel being more particularly
described as follows:
The south 155 feet of the north 509.2 feet of the east
135 feet of Block 20, CITY OF DELRA Y BEACH, according
to the plat thereof on file in the office of the Clerk
of the Circuit Cour t I in and for Palm Beach County,
Florida, in Plat Book 1 I Page 3, containing 0.480 acres
more or less; TOGETHER WITH the north 50 feet of the
south 300 feet of the east 135.5 feet of Block 20, CITY
OF DELRAY BEACH I according to the plat thereof on file
in the office of the Clerk of the Circuit Court, in and
for Palm Beach County, Florida, in Plat Book 1, Page 3,
containing 0.156 acres, more or less. Subject to
easements, restrictions, limitations and other matters
of record.
Section 4. That the costs of closing the transactions,
title insurance and document preparation shall be borne by the
City of Delray Beach, Florida.
Section 5. That the terms and conditions contained in
the aforementioned Contracts for Sale and Purchase and addendums
thereto between the City of Delray Beach, Florida, and the
Sellers as hereinabove named I are incorporated herein.
PASSED AND ADOPTED in special session on this the 16th
day of January, 1991.
MAYOR
ATTEST:
City Clerk
'''I
CITY ATTOR~ŒY' S OFFICE TEL No. 407 278 4755 Jan 11 .91 15: 1'~ F' . Cl3
I 315.03 DBLnY ..ACII PI IIJUICB 72
, 3f·03 VAa%AXCB. aBT".. ~II. aXD/QYOTB AND for hi. failure ~o ..et the prev1ou.ly LI
.~QUIl:rT:rON PIUCB. ..tabll.hed completion time .oh.dule. Where
po..ibl., 'pecification. 'hall be tho.e in
The purcha.ing Ad~nl.trator .h.ll have g.neral ute 1n an appropriate trade or
the authority to ..ke purcb.... for per.onal lndu.trr' and .hall be referred to by name
property, .upplie., or contractual "rYlc.. .nd tit e (a. in the ea.. Of the .tandard1zed
under I 36.02 if tha dellvered price doe. .pecificatlon. l..ued by the American Society
not ai ther. lor T..tin9 Kat.rial.,.
(N Bxceed 10' or $1,000 whlch.v.r 1. (8) De~it., penalty bond.. Bidders may
lover of the bid/quo~. price of the award.d be r.quired to ..ke t.ho.. depod tI a. 1II&i' be
vendorJ or d....d requi.lt. to cov.r the COlt Of any
plan. or .pecificatlon., t.he.. depo.it. beinq
( B) Doe. not .xc.ed the n.xt lowe.t r.d....bl. upon applic.tion of the bidder
bidder, .ubjeøt to current pric. ~en t.he pl.n. and .pacification. are
~.riU.c.tion. returned in .cc.ptabl. ord.r, Diddere mAf
( · 80 Code S 2-35) (Ord. 14·83, pa...d al.o be r.quir.d to po.t penalty bond. a. may
.-12-83) be d....d n.c....ry to protect the city fully
in an .Tentuality a. tbe inability ot the
e 16.04 ACOm:s:r~OIl 0. RBAL PROPB.'I'1(. ~eDdor or CODt.ractor properly to fulfill the
te~.. of the purcha.. ord.r or contract foe
When.v.r, in the opinion at t.h. city anr and .ver)' r...on.
comad..j.on, it would be in tb. be.t lnt.r..t
Of the c1ty to purcba.. c.rtain real ( C) One-price, co.t-plu'I and doll.r
property which would be requir.d for a.,unt bid.. Invitation. to bid .hall dafine
municipal purpo..., the commi..lon 1. th. nature of the bid In t.r~ Of the..
authori.ed and .mpa..r.d to ..k. that cat.~ori.. a. a one-þrice bid, . con..plu.
purcha.. at the pric. .nd upon the t.r.. and bid, co.t-plu. fix.d f.. bid, or a dollar
condition. it d.... to be in the be.t a~unt a. it --1 be d.tera1ned by a .tated
Lnter..t of the city. 80..v.r before an for.ula (but on yon. cat.gory .hall be
~ch... of r.al ropert a defin.d in the invitation).
a no a , the
ter.. and condition. Of any purcba.. at r..l (1) In the ca.e of a one-price bid.
property, .hall be Unt publllb.d one. a the ¥bol. COlt to the city .hall be Inclueive
we,k tor at l...t two ve.ke 1n . new~per of .11 coat and .xpen.. elemente a. \....J
of general circulation puÞl1lh.d iD the city .ng1n..rlnv, l.g.l, or t.chnic.l con.ultation
before adoption by the Coam!..ion of . t..., job-pr.parat10n .xpen.e, ineuranc.
r.eolution authoriling the purcha.. of the pr..tu.., .hlpping aharg.., .tand-by ti..,
property at the pric. and aD the t.r.. and aDd the living or travelinv expen... of job
condition. ..t forth the~.in. per.ann.l (although a d.~a11.d .chedule of
( '.0 Cod., S 2-") ( Ord. u-n, pa...d all coat. and .xf:n... .hall not be required
.-12-83) to be dieclOled n tbe ca.. of a one.price
bid), t09.ther wlth . 8ch.dule of propoeeä
t 31.05 aIDDr_ø PROCBDURZ'. t.r.. of pay.ent and any allowable discount..
(A) .pacUication.. In tbe CIa.. of ( 2) A cOlt-pI u., or .ny .lidin;
..aled competitive bidding for any purcha.e eeal., bid ..y be invited with the concerted
of, or to cov.r any contract for, th. .ppro.al of th. City Manager and the Dir.ctor
acqui.ltion of goodl, ..rvice., or of Public Norke in tb. ca.e of a propoaed
Itructur.., and ~.,ardl... of the proj.ct for ¥blch rea.onabl. COlt Or .xpens.
anticipat.d whole COlt, the city .hall ..t1_t.. do not appear teadble (a. in the
furnl.h to eacb bidd.r a Uftlfo~y .qual ca.. of . proj.ct involving po..ibl. r.~v&l
d.scription, epecification, or plan, of unknown quantiti.. of concaaled rock).
tog.ther witb .pecifloally .tat.d Und.r thi. clrcu..t.nce, the bld .hall ..t
alternativ.. th.r.to, which will OOy.r all forth the total of all of the det.il. of
aepect. of type, kind, character, fU.l1ty, d.t.r~nabl. ooate and .xpen... tovetb.r v1~h
or quantity ot, and the ...1~. .1 aw.bl. .chedul.. of the vazlahl. co.t .1...ntl a.
ti.. for tb. deliv.ry of the good., or the unit-cœu, per di.. co.t., and the lik., I'
co~letion of the contract far which bid. are r.qu1red by the bid invitation.
ar. invited. .urther~r., in the ca.. that ("0 COd., . 2..31)
...rgancy r.qul~...nt. ..y r.nder tl.., a.
.uGh, to be of tb. ....nc. of tb. contract, . ".0' CO"'B'l'BEY I. .1 DDI lie.
tho.. ori9iDal .,.citic.tioD' (available to
.11 bidd.rs) eball cont..in . tor.u1a ¥bleb CO~t.ftoy in bidding 1. d.fin.d I' bein9
.~aluat.. ti.. in t.r.. of dollars per abl. properll to d.~n.tr&t. trade or
cal.ndar day or fraction th.r.of, which ..y indu.try pro lei.Dcy, .tanding, and
be properly ue.d in .ff.cting a 2:tl1ficat1an., and the financial ability to
det.rainatton of the 10ve.~ Compet.nt .llv.r tb. good. or to compl.t. the contract U
bidder, and whlch .hall be th. be.i. for tb. a. e..cut.d, tov.ther v1th the .ubadeeion of
calculation of .ny panalti.. to be .......d . bid whicb, in ...ry re'p8ct, fully ...t.
agalnst the contractor in a final ..ttle..nt and co.,11e. with the t.rmt, conditions, and
1 "0 .-, .pec1f1cat1oDl, or .tat.d alternative.
CITY ATTORNEY'S OFFICE TEL No. 407 278 4755 Jan 11,91 15:20 P.04
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CITY RTTORNEY'S OFFICE TEL No. 407 278 4755 Jan 11.91 15: 21 ¡:> ,I~'S
ORDINANCE NO.
AN ORDINANCB OF THE CITY COMMISSION OF THE CITY' OF
DELRAY BEACH, FLORIDA, AMENDING TITLE 3, "ADMINI-
STRATI ON" I CHAPTER 36, "FINANCE; CI'l"t PROPERTY
TRANSACTIONS", SECTION 36.04, "ACgUISITION OF REAL
PROPERTY", OF THE CODE OP ORDINANCES OF THE CITY OF
DELRAY BEACH TO PROVIDE THAT THE PUBLICATION OF THE
TBRMS AND CONDITIONS OP THE PURCHASE 01" PROPERTY
SHALL NOT BB NECBSSARY IN THB EVENT THE CITY HAS
AUTHORIZED THE USE OP ITS EMINENT DOMAIN POWERS ;
PROVIDING A SAVING CLAUS~; PROVIDING A GJ!:N!:RAL
REPEALER CLAUSB; AND PRO'IIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF TRE
CITY OF DBLRAY BUCH, FLORIDA, AS l"OLLOWS:
section 1. That Tlt.le 3, " \dminlstratlon", Chapter 36,
"Finance; city Property Tran.actions", Section 36.04, II Acquisl tion of
Real property" Of the COde of Ordinances of the City of Delray Beach,
Florida I be, and the same is hereby amende<! to read as follows:
Sec. 36.04 ACQUISITION OF RBAL PROPERTY.
Whenever, in the opinion of the City Commission, it would be
in the best interest of the city to purchase certain real property
which would be require<! for municipal purposes, the commission is
authorized and eçowered to make that purchase at the price and
upon the terms and conditions it deems to be in the best interest
of the city. Hewe.er7-betore-afty-~e~e.e-ef-reai-preperty-s~aii-be
effee~e"1 unless the city haa authorized the use of ita eminent
domain gowers for the gurcha.e of real :ao~rtvI a notice of that
purchase, setting forth the terms and co it ons of any purchase of
real property, .hall be first published. once a week for at; least
two weeks in a nwspaper of general circulation publiShed in the
city before adoption Þy the Commi..ion of a resolut;ion authorizing
the purchase of the property at the price and on the terms and
oonditions set forth therein.
section 2. That should any aection or provi.ion of this
ordinance or any portion thereof, any paragraph, sentence I or word be
declared ))y a cou.rt of competent jurisdiction to be invalid, such
dec1sion shall not affect the validity or the remainder hereof .s a
whole or part thereof other than the part declared to be invalid.
Section 3. That all ordinancea or parts of ordinances which
are in conflict herewith are hereÞy repealed.
section .. That thi8 ordinance .bal.l become effective
immediately upon pa..age on aec0D4 and final reading.
PASSED AND ADOPl'BD in regular aea.ion on second and final
read1nc¡ on this the _ day of , 199Q.
MAYOK
ATrBS'l':
City Clerk
Firat Reading
Second Reading
,.,,+
.
.
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 City to purchase certain real
property, for municipal purposes, more particularly described as follows:
Parcel 14 (Evans): Commencing 250 feet south from the Northeast corner of
Block 20, DELRAY BEACH, for a point of beginning; thence west 135 feet;
thence south 50 feet; thence east 135 feet; thence north 50 feet to the
point of beginning, according to the recorded plat of DELRAY BEACH, in Plat
Book 1, Page 3, of the public records of Palm Beach County, Florida.
Subject to easements, restrictions, limitations and other matters of
record, for the þ\:lrena~c price of Forty Ninc Thousand, -Eight Hundt eJ..·
Ð9.:J 1 ;:¡r~ ($~q,ROO.OO) ~nd otRQr good and valuable cQnsiderAtiQn. The costs $ ~C. 'I
of closing the transaction, title insurance and document preparation to be
borne by the City of Delray Beach.
Parcels 5 & 21 (Gadson/Jones): The south 135 feet of the west 135 feet,
less the east 50 feet thereof, Block 20, CITY OF DELRAY BEACH, according to
the plat thereof on file in the office of the Clerk of the Circuit Court,
in and for Palm Beach County, Florida, recorded in Plat Book 1, Page 3;
LESS therefrom the south 20 feet and that part of Block 20 which is tangent
to a line 20 feet north and parallel to the south line of Block 20, and
tangent to the west line of Block 20, as deeded to the State of Florida in
Official Record Book 1074, Page 369, Public Records of Palm Beach County,
Florida (Parcel 5, containing 0.221 acres, more or less); TOGETHER WITH a
parcel commencing 135 feet north from the Southwest corner of Block 20,
CITY OF DELRAY BEACH, for a point of beginning; thence run east 135 feet;
thence north 74 feet; thence west 135 feet; thence south 74 feet to a point
of beginning, according to the Public Records of Palm Beach County,
Florida, said land situate, lying and being in Palm Beach County, Florida
(Parcel 21, containing 0.229 acres, more or less). Subject to easements,
restrictions, limitations and other matters of record, for the purchase
price of One Hundred Eight Thousand, One Hundred Dollars ($108,100.00) 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.
Parcels 1 & 10 (Gary/Walker): The south 155 feet of the north 509.2 feet
of the east 135 feet of Block 20, CITY OF DELRAY BEACH, according to the
plat thereof on file in the office of the Clerk of the Circuit Court, in
and for Palm Beach County, Florida, in Plat Book 1, Page 3 (Parcel 1,
containing 0.480 acres more or less); TOGETHER WITH the north 50 feet of
the south 300 feet of the east 135.5 feet of Block 20, CITY OF DELRAY
BEACH, according to the plat thereof on file in the office of the Clerk of
the Circuit Court, in and for Palm Beach County, Florida, in Plat Book 1,
Page 3 (Parcel 10, containing 0.156 acres, more or less). Subject to
easements, restrictions, limitations and other matters of record, for the
purchase price on One Hundred Twenty-Four Thousand, Seven Hundred Dollars
($124,700.00) 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, will be considered for adoption by the City
Commission at a special meeting to be held at 6:00 P.M. on Wednesday, January
16, 1991.
PUBLISH: Delray Beach News CITY OF DELRAY BEACH
January 5, 1991 Alison MacGregor Harty
January 12, 1991 City Clerk
..,,¡
,
..
MEMORANDUM
TO: ~DAVID HARDEN - CITY MANAGER ~
FROM: LULA BUTLER - DIRECTOR, COMMUNITY IMPROVEMENT, I,
SUBJECT: DDA'S WORKPLAN FOR 1990/91
DATE: JANUARY 11, 1991
The attached workplan is being resubmitted for discussion between
the DDA and the Commission at the workshop meeting on January
16th. The DDA will be having a workshop meeting, in preparation
of their meeting with the Commission, tomorrow, January 12th,
beginning at 8:30 am at the Chamber of Commerce.
This workplan will be the topic of their discussion. Should
there be any changes to the attached or any additional
information they would like the Commission to have, it will come
directly to you from Frank Spence, Executive Director of the DDA,
on Monday, January 15, 1991.
LB:DQ
Attachment
d/8
Workplan.CC
W.s· J
"'I
.,.
November 5, 1990
MEMORANDUM
TO: DAVID HARDEN, CITY MANAGER
FROM: ROY SIMON, CHAIRMAN, DOWNTOw~ DEVELOPMENT AUTHORITY
RE: COMMISSION WORKSHOP AGENDA/DDA'S WORK PLAN FOR FISCAL YEAR
1990/91 AND RECOMMENDATIONS
ITEM BEFORE THE COMMISSION:
The proposed Annual Work Plan for the Downtown Development
Authority for Fiscal Year 90/91 and Recommendations on item s
requiring City Commission approval and direction to staff.
BACKGROUND:
The Downtown Development Authority is requesting City Commission
approval of its work plan as presented. The Authority is
concerned about its role in t'he overall planning and
implementation of redevelopment and new economic activities
designed to upgrade the businesses and business opportunity
within the established Central Business District. The Authority
has, therefore, established the following projects as under this
year's work plan:
-¡ (1) The creation of and possible establishment of the DDA as
the City's parking Authority for the expanded CBD.
S ~~. --l ~""->', tl.... r:s ü T\ <-> ~
'I (2) Establishment of an Economic Development Coordinating
Committee.
(3) Expansion of the DDA's Taxing District to include all of
the expanded Central Business District, pursuant to the
"I Ci ty 's LDR' s .
(4) Participation through the City's contracted Consultant
N in the overall design to be proposed for Veterans Park. r~ L \? c.. r e'·, ,(, "' , \
(5) Develop and implement a Marketing Program that would
,\ include recruitment and leasing, surveying and positive press
releases for the CBD. v1)A d () +k,<~ ~ ce·D
¡ (6) Coordination of improvement activities directed at
\ access routes into the CBD -- includes improved street
improvements, signage and utilization of the one-way pairs.
~
..
DDA Work Plan
November 5, 1990
Page two
The DDA is formally recommending that the City Commission
consider the following for implementation by staff:
CA ¿;A (1) Approve by agreement the leasing of DDA owned parking
l l lots to the City at $1 per year with the City being'
cl#:; ~~:" responsible for the ma1~tenë¡nce and líabili ty insuJSance. -Q.....t:.,
c ¡, , ~-.,..,..,~ --1fc;". 1:2"-'-1 ~cJI(J(__ c!....A L~Ü: (.Ty, 'I, [ì.....;¡
(2) Approve DDA's re~ommendation on having the City assume
'I the responsibility of maintaining existing planters located
in the CBD.
(3) Direct through the City Manager, that the City's
,_ ~.planning and Zoning Director require the Neighborhood
";;' P' Planner to expand the Pineapple Grove neighborhood plan to
~~' include the current CBD.
(4) The City Commission direct staff to coordinate and
'I implement the DDA's Alley Redevelopment Project.
(5) The City Commission adopt the Gee and Jenson survey and
study on the traffic impacts for the downtown area in
support of new economic development activities. The DDA is
--- also requesting that the Commission reverse its decision on
the Lake Ida Road widening proj ect. t-:!...;,..... (:" /'71 '" ",,(.
-' ..\ . . I ..1
cc4.. v.."-~ <..:-<ì
(6) The DDA feels that there is a ser~ous vagrant problem
u in the CBD primarily caused by the Labor Force business.
-, Therefore, the DDA is recommending that the Commission
direct the Police Department to develop a plan utilizing
foot patrols to address and resolve this problem. ;/"I:Z- I o-.,/~ ~
~ ~.., é~I/".. - f.>.J(J' /3.
RECOMMENDATION
The DDA is recommending that the Commission approve its annual
workplan for fiscal year 1990/9l and consider the recommendations
for adoption as presented.
LB:DQ
DDA.CC LB5
,.,,+
'I't
.
DOWNTOWN DEVELOPMENT AUTHORITY
City Of Delray Beach, Florida
Mayor Tom Lynch and city commissioners
FROM: Frank R. Spence, Executive Director~S
DATE: January 14, 1991
SUBJECT: Future Role of the DDA
In anticipation of our joint meeting with the City
Commission, the DDA herewith presents its policies, goals
and objectives for the forthcoming year. The Board
believes that it is important to return to the
fundamental reasons for its existence and for everyone
to understand' the legal requirements for it duties and
responsibilities as contained in our Charter, which was
approved some twenty years ago with the backing of the
Chamber of Commerce:
"Section 6. FUNCTIONS OF THE AUTHORITY
The Authori ty shall perform the following functions:
(a) Prepare an analysis of the economic conditions
and changes occurring in the Downtown area,
including the effect thereon of such factors
as metropolitan growth, traffic congestion,
lack of adequate parking and other access
facilities, and structural obsolescence and
deterioration.
(b) Formulate long-range plans for improving
the attractiveness and accessibility to the
public of Downtown facilities, promotinq
efficient use thereof, remedying the
deterioration of Downtown property values, and
developing the Downtown area.
(c) Recommend to the City Council and to Downtown
businessmen and residents the actions deemed
most suitable for implementing the Downtown
development plans, including removal, razing,
repair, renovation, reconstruction, remodelinq,
and improvement of existing structures,
addition of new structures and facilities,
relocation of any of those existing, and
changes in patterns of and facilities for
qetting thereto and there from.
64 S.E. Fifth A venue, Delray Beach, Florida 33483 · 407 -276-8640
(d) Participate actively in the implementation and
execution of Downtown development plans.
including establishment. acquisition.
construction. ownership. financing, leasing.
licensing, operation, and m~naqement of public
facilities deemed feasible and beneficial in
effecting implementation. but this paragraph
shall not give the Authority any power or
control over any City property unless and until
assigned to it by the City Council under the
provisions of paragraph (e) of this section.
(e) Carry on all projects and undertakinas
authorized by law and within the limits of the
powers granted to it by law. such additional
public projects and undertakings related to the
Downtown area as the City Council may assian
to it with its consent."
The major areas of concern and responsibility are:
economic development (a) . attractiveness (b) .
accessibility (b). stop deterioration (b). plan (b). give
recommendations on implementation (c) . and participate
in implementation (d) - in the DOWNTOWN area.
Note the major enabling words: "prepare". "formulate".
"recommend" and "participate". Because of our limited
resources we are not able to "implement"; we must rely
on the City or the CRA or some other agency to do that.
Based on the above identified areas of responsibility and
in the spirit of cooperation. we make the following
recommendations:
1. District Expansion.
We request the City Commission's continued support
to expand the DDA's District to include all of the
expanded Central Business District (CBD) as described in
the City's LDRs.
2. Economic Development
We understand that the Chamber has created an
Economic Development Committee, but neither the DDA or
the CRA are represented on it. We acknowledge that the
Chamber should be responsible for economic development
city-wide.
A. We recommend that every agency involved in
economic development be represented on this committee.
B. The DDA will give its concentrated focus on all
issues involving downtown. Remember, the DDA's Board is
made up of business people and property owners located
downtown.
C. The role of the Executive Director in being the
administrative head of both the DDA and the CRA is to
avoid duplication and overlap of agency efforts and to
facilitate the dissemination of information. Each agency
will supplement the other and I will coordinate their
activities. This should apply equally with our
interaction with the City and the Chamber.
D. The DDA working in conjunction with the Chamber
and the Atlantic Avenue Association wants to develop and
implement a Marketing Program that would include the
attracting of businesses downtown, and the development
of a coordinated cooperative master leasing plan to
induce certain businesses to locate in specific areas.
The DDA has already paid for the Mel Levine "Retail
Strategies for' Downtown Delray Beach" in late 1989 which
identified opportunity sites and retail product mix.
This should be updated.
3. Traffic and Parking
A. The DDA wants to participate with the City and
give recommendations to improving traffic flow and
accessibili ty into the CBD including street improvements,
alley improvements, signage, synchronization of traffic
lights and utilization of one-way pairs. With the City's
recent hiring of a Traffic Engineer, the City will be the
lead agency.
B. The DDA spent $25,000 for the Wilbur Smith
Associates "Master Parking Plan" for downtown. This plan
has not been adopted nor implemented by the City. If the
City Commission wants the DDA to recommend and coordinate
parking policies within the CBD, we believe that this can
be done under our current powers without the City having
to create a new snd/or separate "Parking Authority".
The sources of revenue and their control will have to be
worked out at another time.
C. The DDA requests the City Commission to direct
staff to coordinate and implement the DDA's Alley
Redevelopment Project. The DDA does not have the funds
to implement this project.
4. Planning.
A. The DDA is concerned that there ts not a Master
Development Plan for downtown and tha\: no one is
developing such a plan, not even the City; The closest
thing to a plan will be the information; that will be
developed by the Planning Consultant that:will be hired
by the CRA to develop the application for a Geographic
Area of Exception (GAE) for the Downtown Core Area (CBD).
. . .
This is being done jointly with the City's Planner David
Kovacs.
B. The DDA requests the City Commission to
authorize the City's Planning and Zoning Dept. to make
available some staff planning time to develop a
preliminary Master Plan utilizinq information developed
by the outside planning consultant. The economic impact
of new development in the CBD is a part of that study,
but only on a limited basis. The scope needs to be
expanded and a more in-depth study done, similar to the
Laventhol and Horwath Economic Impact study that the DDA
paid for in 1989.
Conclusion.
Two years ago I went to Orlando with the then-City
Manager and City Attorney to personally inspect the City
of Orlando's highly successful model of their DDA and
CRA. It was there that wé got the idea that the DDA and
CRA should be physicallY located together and have the
same Executive Director. Each agency had their own role
and responsibilities, but worked together. Simply put -
the DDA was the planning arm and the CRA was the
action/implementation arm. Working together for a better
downtown Orlando. And they have been extremely
successful. Delray Beach is not as large or as rich as
Orlando, but the same fundamental principles can still
be applied to develop a formula for the successful
redevelopment of our downtown.
cc: David Harden
Jeff Kurtz
David Kovacs
Lula Butler
CRA Board
·
,
MEMORANDUM
TO: ~DAVID HARDEN - CITY MANAGER ~
FROM: LULA BUTLER - DIRECTOR, COMMUNITY IMPROVEMENT\., I
SUBJECT: DDA'S WORKPLAN FOR 1990/91
DATE: JANUARY 11, 1991
The attached workplan is being resubmitted for discussion between
the DDA and the Commission at the workshop meeting on January
16th. The DDA will be having a workshop meeting, in preparation
of their meeting with the Commission, tomorrow, January 12th,
beginning at 8:30 am at the Chamber of Commerce.
This workplan will be the topic of their discussion. Should
there be any changes to the attached or any additional
information they would like the Commission to have, it will come
directly to you from Frank Spence, Executive Director of the DDA,
on Monday, January 15, 1991.
LB:DQ
Attachment
d/8
Workplan.CC
W5·
,,"
~.
November 5, 1990
MEMORANDUM
TO: DAVID HARDEN, CITY MANAGER
FROM: ROY SIMON, CHAIRMAN, DOWNTOw~ DEVELOPMENT AUTHORITY
RE: COMMISSION WORKSHOP AGENDA/DDA'S WORK PLAN FOR FISCAL YEAR
1990/91 AND RECOMMENDATIONS
ITEM BEFORE THE COMMISSION:
The proposed Annual Work Plan for the Downtown Development
Authority for Fiscal Year 90/91 and Recommendations on items
requiring City Commission approval and direction to staff.
BACKGROUND:
The Downtown Development Authority is requesting City Commission
approval of its work plan as presented. The Authority is
concerned about its role in the overall planning and
implementation of redevelopment and new economic activities
designed to upgrade the businesses and business opportunity
within the established Central Business District. The Authority
has, therefore, established the following projects as under this
year's work plan:
(1) The creation of and possible establishment of the DDA as
the City's Parking Authority for the expanded CBD.
( 2) Establishment of an Economic Development Coordinating
Committee.
(3) Expansion of the DDA's Taxing District to include all of
the expanded Central Business District, pursuant to the
City's LDR's.
(4) participation through the City's contracted Consultant
in the overall design to be proposed for Veterans Park.
(5) Develop and implement a Marketing Program that would
include recruitment and leasing, surveying and positive press
releases for the CBD.
(6) Coordination of improvement activities directed at
access routes into the CBD -- includes improved street
improvements, signage and utilization of the one-way pairs.
. . .. .
. ...
DDA Work Plan
November 5, 1990
Page two
The DDA is forma 1ly recommending that the City Commi ss ion
consider the following for implementation by staff:
(1) Approve by agreement the leasing of DDA owned parking
lots to the City at $1 per year with the City being
responsible for the maintenance and liability insurance.
(2) Approve DDA' s recommend a tion on hav ing the Ci ty assume
the responsibility of maintaining existing planters located
in the CBD.
( 3) Direct through the City Manager, that the City's
Planning and Zoning Director require the Neighborhood
Planner to expand the Pineapple Grove neighborhood plan to
include the current CBD.
(4) The City Commission direct staff to coordinate and
implement the DDA's Alley Redevelopment Project.
(5) The City Commission adopt the Gee and Jenson survey and
study on the traffic impacts for the downtown area in
support of new economic development activities. The DDA is
also requesting that the Commission reverse its decision on
the Lake Ida Road widening project.
(6) The DDA feels that there is a serious vagrant problem
in the CBD primarily caused by the Labor Force business.
Therefore, the DDA is recommending that the Commission
direct the Police Department to develop a plan utilizing
foot patrols to address and resolve this problem.
RECOMMENDATION
The DDA is recommending that the Commission approve its annual
workplan for fiscal year 1990/91 and consider the recommendations
for adoption as presented.
LB:DQ
DDA.CC LB5
"'I
PLANNING AND ZONING DEPARTMENT MEMORANDUM
TO: ~YL LEVERETT, ADMINISTRATIVE ASSISTANT III
FROM: l.DAVlddA~~
DEPARTMENT OF PLANNING AND ZONING
DATE: JANUARY 11, 1991
SUBJECT: CITY COMMISSION WORK SESSION OOCUMENTATION, JANUARY
16TH - BEACH RENOURISHMENT PROJECT UPDATE
As reported earlier to the City Commission, the beach
renourishment project is on schedule for actual construction to
occur this summer. Thus, in the next few months you will be
called upon to execute agreements and provide funding
authorizations. In order that you are up-to-speed with respect
to the project and its various aspects, we intend to provide very
brief reports during normal work sessions.
At this work session, we will be reporting on the status of the
funding at the Federal leve 1 . Also we will report on a
coordination meeting which was held between the City Manager (and
staff) and Mr. Walenski of the County Department of Environmental
Resource Management ( DERM) . The focus of that meeting (with
respect to beach renourishrnent) was:
* who should be designated as the projects local sponsor
(it had been Palm Beach County in the past, but we have
stated to the Corps of Engineers that the City would
have that designation for the upcoming project); and,
* the restructuring of the inter local agreements (City
and County) with respect to future renourishrnent
projects. The current agreement expires in September
1992.
This report should take ten minutes excluding questions and
discussion.
DJK/leh
DJK/#77/00PS.TXT v.)fJ /;2..
'''I
'" ..'/ t./"/ ,11
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: ALISON MacGREGOR-HARTY, CITY CLERK
~j~0~ .
FROM: DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF JANUARY 16, 1991 -- WORKSESSION
AGREEMENTS PERTAINING TO LAND ACQUISITION @ SPADY
ACTION REQUESTED OF THE COMMISSION:
The City Commission is asked to provide direction regarding
matters dealing with an interlocal agreement with School
District and an interagency agreement with the C.R.A. Both
agreements pertain to the land acquisition issue for the
property between Spady School and Lake Ida Road.
BACKGROUND
See the attached background information and assessment of the
interlocal agreement. A copy of the agreement is also attached.
Also, the attached material provides guidance regarding the
possible agreement with the C.R.A.
MANNER OF PROCEEDING
It is suggested that the Commission review the provisions of
the draft agreement with a focus on the POINTS identified as
such. Thereafter, consider the alternative approach. Finally
direct your attention to details of the C.R.A. agreement.
You may want to provide direction as to whether or not a special
worksession is held with the C.R.A. prior to consideration of
revised agreements at your meeting of January 29th. Otherwise
the City staff will glean direction from this meeting and prepare
draft agreements accordingly.
Attachments:
* Background Report
* Draft Interlocal Agreement
DJK/75/CCSCHOOL
BACKGROUND INFORMATION PERTAINING TO ITEMS OF ISSUE ON THE SPADY
LAND ACQUISITION INTERLOCAL AGREEMENT
PREPARED FOR WORK SESSION DISCUSSION BY THE
DELRAY BEACH CITY COMMISSION ON JANUARY 16, 1991
Chronology/Background: .
For some time now there have been discussions about the
acquisition of approximately six acres of land which lies between
Spady Elementary School and Lake Ida Road. A significant
milestone was reached in September I 1990, when at meeting of the
School District Board action was taken for the School
Administration to proceed with improvements to the Spady Campus
including orientation of teacher and parent parking and drop-off
to the west and the addition of two new buildings in the
southwest portion of the site. The City had previously committed
to an extension of N.W. 10th Avenue from N.W. 3rd Street to Lake
Ida Road. As a part of the discussion and direction associated
with the above action, the School Board stated their intent to
participate in the acquisition of the subject property.
From the City side I the Community Redevelopment Agency (CRA)
entered and stated that they could acquire the property
efficiently through their powers and I thus I offered to perform a
significant role in the project.
Staff coordination meetings were held and there was general
agreement that the School District would deal with the properties
which were uninhabited and which did not involve an unwilling
seller. The CRA would deal with the inhabited parcels. (See an
exhibit for delineation of the properties ascribed to each.) The
School District has obtained appraisals. The CRA has authorized
the seeking of appraisals. The School District has proceeded to
contract for campus improvements. The City has commenced design
of the N.W. 10th Avenue reconstruction and extension.
The School District Administration drafted a multi-item
Interlocal Agreement (it also dealt with Miller Field, Atlantic
High School, and signalization at Pine Grove) . The part which
dealt with Spady Land Acquisition raised issues and the City
Staff responded with a revision to the substance of the
agreement. In response I a meeting was held with representatives
of the City, the School District, and the CRA in mid-December
Positions were aired and the School District took the task of
preparing a dr aft agreement which dealt solely with this issue.
The draft agreement was received on January 7, 1991.
The draft agreement provides a good accommodation of the points
of previous concern. There is one significant i tern which deals
with dollar commitments. Also, this agreement is between only
the School District and the City. Through a separate agreement I
the City and the CRA will need to establish the terms by which
CRA involvement would be handled.
Background Intormatlon Pertalnlng To Items Ot Issue On The
. Spady Acquisition Interlocal Agreement
Page 2
The following provides an accounting of points with respect to
the School District Administration's draft agreement.
(Please refer to a copy of the document which is attached.
Numbers shown below relate to provisions of the agreement.)
1. Provides School Board commitment to acquire approximately
2/3rds of the property (roughly four acres).
2. School Board commitment to dedicate needed right-of-way for
the improvement of N.W. 10th Avenue, adjacent to the current
campus.
3. School Board commitment to dedicate right-of-way for the
northerly extension of N.W. 10th Avenue across property to
be acquired by them.
4. Joint agreement that the property shall be used for public
purposes acceptable to both parties. However I upon mutual
agreement I the property may be disposed of for purposes of
further redevelopment of the immediate area.
POINT: While acceptable in this agreement, the provision
necessitates that the City provide to the CRA (in separate
agreement) that if redevelopment options are not pursued I
the CRA will be reimbursed for its purchase expenditures.
5. School Board commitment to make improvements to the Spady
Campus.
6a. City commitment to purchase parcels in Area "C". This will
probably be done through separate agreement with the CRA.
6b. Ci ty commitment to purchase parcels in Area "A" I when they
cannot be obtained by the School Board pursuant to Item 1.
POINT: As it stands this provision shifts the cost for
acquisition to the City. It may not have been the
Administration's intent to do so; except to the extent that
they cannot reimburse the City in that that is the same as
if they (the School District) actually acquired the
property. This provision should be expanded to the effect
that if the City acquires such property I there will be an
off-set in some other manner to the City (e.g. not
quit-claiming interest in the abandoned N.W. 4th Street
right-of-way; special arrangements regarding maintenance of
the N.W. 10th Avenue extension right-of-way; etc. )
7. City commitment to providing improved and new access along
the west side (N.W. 10th Avenue) of the campus from N.W. 3rd
Street to Lake Ida Ida.
8. City commitment to abandon the entire width of N.W. 4th
Street right-of-way adjacent to the Spady Campus and
quit-claim any City interest therein to the School District.
Background Information'Pertaining To Items Ot Issue On The
Spady Acquisition Interlocal Agreement
Page 3
9. provision dealing with legal expenses in the event of
litigation, that the prevailing party may recoup fees.
10. Ability to modify the agreement requires a mutual
resolution of the parties' respective governing bodies.
.
11. Provides that the agreement may be recorded.
12. Provides for unilateral termination, by either party, upon
ninety (90) day written notice.
POINT: Although this item may appear significant, it is
mitigated by two points. The first is that a failure to
follow through with acquisition would be a serious breach of
faith which may be more damaging to the offending party than
it would to simply complete the terms in another manner
(i.e. a buy-out). Second, any land that had been acquired
could then be disposed of unilaterally since restrictions in
the agreement would not apply.
13-15 Provide standard notice, interpretation I and severability
provisions.
ALTERNATIVE APPROACH:
Given the problems which have arisen with respect to acquisition
by multiple parties (CRA, School Board, City) I the idea that the
acquisi tion be accomplished by the City (through the CRA) with
the School District providing an up-front payment has been
broached. In this situation a timetable for acquisition and a
method of dealing with property which is difficult to acquire can
be a part of the agreement and penalties imposed for a failure
to perform. The School District interests would be retained
by the assignment of title of specific parcels and through
provisions similar to Item 4 (above).
C.R.A. AGREEMENT:
A separate agreement will need to executed between the City and
the CRA. It appears that salient provisions of such an agreement
would include:
1. CRA commitment to acquire and clear property.
2. A time table with respect to acquisition and clearing.
3. Transfer of title of acquired properties to the City along
with a payment due and reversion clause (a five year period
has been suggested) and;
If the alternative approach is taken, transfer of title of
specific properties to the school District along with a
payment clause.
Background Information Pertaining To Items at Issue On The
,Spady Acquisition Interlocal Agreement
Page 4
<1. A description of what redevelopment USE' is allowable 1... e.
consistent with Comprehensive Plan Land Use Map designation
and zoning.
~. There may be a need for municipal backing of the CRA funding
and finance plan. .
MANNER OF PROCEEDING:
It is suggested that at the work session, the City Commission
review the provisions of the draft agreement with a focus on the
POINTS identified above. Thereafter I consider the alternative
approach. And then I the possible terms of an agreement with the
CRA. Your staff would glean direction from this discussion and
prepare a modified agreement with the School Board and an
agreement with the CRA for formal action by the City Commission
on January 29th.
DJK/dlm
Attachments:
* Draft agreement with the School Board
* Exhibit showing affected parcels, use, and size
DJK/#2/SCHOOL.TXT
INTERLOr.AL AGREEMEI\T"f
THIS AGHEEMENT, entered Into this day of ,19_,
between the SCHOOL DOARD OF PALM BEACH COUNTY, FLORIDA, 8 corporate body politic
pursuant to the Constitution of the State of Florida, (hereinafter referred to as "SCHOOL
BOARD"), and the CITY OF DELRAY BEACH, 8 Florida :nunlclpal corporatIon, (hereinafter referred
.
to as "CITY").
WITNESSETH:
WHEREAS, it is the Intent of the Local Government Comprehensive Planning and Plan
Development Regulation Act, F.S. 163.3161 (4), to encourage and ensure cooperation between and
among the local governmental entities to provide for the coordination of development activities
of units of local government; and
.
WHEREAS, the SCHOOL BOARD Is the controlling body of the Public Schools of Palm
Beach County, Florida, and does own and operate schools in the City of Delray Beach; and
WHEREAS, the CITY, under its powers, Is desirous that under its required procedure
that the integrIty of Its Comprehensive Land Use Plan is maintained; and
WHEREAS, th{s Agreement Is entered into under the authority of Section 163.01,
.
Florida Statutes; and
WHEREAS, the School Board and the City recognlze the recommendation of the Delray
Beach/School Board Task Force Consensus Statement to publlcly and jointly pursue acquIsition of
six acres (..!) of land located directly north of S. D. Spady Elementary School and to fac1l1tate
access to the school.
NOW, THEREFORE, for and in consideration of the covenants herein contained, the
parties agree as follows:
1. The School Board shall, In good faIth, pursue the acquisition of all parcels upon which
occupIed bulldlngs do not exist within the area indicated on Exhibit "A". The School
Board shall use all methods of purchase available to the School Board other than non-
voluntary eminent domain. All such acquisitions must be in accordance wIth State
Statues and School Board Policies in effect at the time of acquisition.
2. "he School Board shall deed the westerly 2S feet of the existing school site to the City
for additional right-of-way for N.W. 10th Avenue.
3. The School Board shall dedicate, by deed, right-of-way for the extension of N.W. lOth
Avenue from N.W. 4th Street to take Ida Road. This dedication to take place after
acquisition of the property to be dedicated in accordance with item 11 above.
h:\4ata\wpSO\4Qc\ag~eemt\1Dte~1~..p.
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·" 4. The School Board and the City agree that the property acquired by either party
between the existing S. D. Spady School Site and Lake Ida Road shall be used for
public purposes acceptable to both the City and the School Board; but tha4 upon the
mutual agreement of both parties, said property may be disposed for purposes of 1urther
redevelopment of the Immediate area.
.
5. The School Board shall construct Improvements to the S. D. Spady Elementary School
In the approximate amount of $2,500.000.00 for faclUtles and Improvements as shown
on Exhibit "B".
6. The City shaU, in good faith, pursue the acquisition of aU parcels indicated on Exhibit
"A" which are not acquired by the School Board and shall, in good faith, pursue the
acquisition of parcels within the area indicated OD Exhibit "C". All such acquisitions
must be in accordance with State Statues and City Policies in effect at the time of
acquIsItion.
7. The CIty shall reconstruct that portion of NW lOth Avenue between N.W. 3rd Street
and N.W. 4th Street, including correction of the Jog at N.W. 3rd Street and N.W. 10th
Avenue, and shall construct an extension of N.W. lOth Avenue from N.W. 4th Street
to Lake Ida Road. Said construction shall commence upon delivery of right-of-way
-
from the School District. If the School District cannot produce the right-of-way for
the extension in a timely manner. then the City shall exercise Its powers to acquIre
such right-of-way. It is desired that the extension be available concurrent wIth the
use of the new facllltlcs and parking areas.
8. After acquisItion of all property along the north boundary of the existing N.W. 4th
Street right-of-way by the School Board and/or City. the City shall abandon said
right-Qt-way and either revert or quit claim any municipal Interest to the School Board
for use as a part of the S. D. Spady Elementary School campus. '-/
9. In the event that litigation shall be necessary for the enforcement of this Agreement
on behalf of eIther party, then the prevailing party shall be entitled to reasonable
attorneys' fees and costs Incurred in said litigation.
10. This Agreement may be modified only by mutual resolution of the parties' respective
governing bodies.
11. This Agreement may be recorded in the PubIc Records of Palm Beach County, Florida.
12. This Agreement may be terminated in its entirety by either party giving to the other
party, wrilten notice at least ninety (90) days prior to the date of termination.
h:\dat.\wp50'doc'og~eemt'interloc..p.
1\07\90 DHW:dkh
"-
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-- 13. All notices herein required. permitted to be given to or sen"ed upon either party shall
be in writing. Any such notice shall be deemed suffJciently given or served, l! served
personally, sent Certified mail by the United States 1\1ai1, or by any nationally
recognized overnIght carrier to the SCHOOL BOARD or the CITY at the address set
forth as follows:
.
As to School Board: SCHOOL BOARD OF
PALM BEACH COUNTY, FLORIDA
Office of General Counsel
3970 RCA Boulevar~ Suite 7010
Palm Beach Gardens, Florida 33410-4272
With Copies to: Thomas J. Mills
Superintendent
3910 RCA Boulevard, Suite 1011
Palm Beach Gardens, Florida 33410-4272
As to City: CITY OF , FLORIDA
With Copies to:
City Manager
14. This Agreement shan be construed in accordance with the Laws of the State of Florida.
15. If any term or provision of this Agreement shall, to any extent, be deemed invalid or
unenforceable, the remainder of this Agreement shall be valld and shall be enforced to the
fullest extent of the Jaw.
IN WITNESS WHEREOF, thIs Agreement has been executed by the parties herein on the day
and year first above written. . -,,'
Signed in the presence of: SCHOOL BOARD OF
PAL'ß BEACH COUNTY, FLORIDA
By: Lynda M. Johnston, Chairman
A$ to the Board Attest: Thomas J. Mills, Superintendent
(SEAL)
....
"
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. .
. STATE OF FLORIDA
COUNTY OF PALM BEACH
I HEREBY CERTIFY that on this date before me, an officer duly authorized in the State and
Count>· named above to tðke acknowledgements, personally appeared Lynda M. Johnston, Chairman
and Thomas J. Mills, Superintendent of the Scbool Board of Palm Beach County, Florida, and they
.
acknowledged before me that they had executed the foregoing Instrument as said officers and that
~hey also affixed thereto the official seal of the School 13oard.
SWOHN to and subscribed before me this day or , 1990.
My COmmission Expires:
Notary Publlc
(Notary Seal)
Signed in the presence of: CITY OF , FLORIDA
By:
Attest:
.
(SEAL)
STATE OF FLORIDA
COUNTY OF PALM BEACH
I HEREBY CERTIFY that on this date before me, an officer duly authorized in the State and
County named above to take acknowledgements, personally appeared as
. and as of the City of
. FlorIda, and they acknowledged before me that they had executed the foregoing
instrument as said officers and that they also affixed thereto the official seai of the City. . --,,,.
SWORN TO and subscribed before me this day of . 1990.
My Commission Expires: Notary Public
(Notary Seal)
Approved: Approved:
School Board Attorney City Attorney
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MEMORANDUM
TO: ~DAVID HARDEN - CITY MANAGER ~
FROM: . LULA BUTLER - DIRECTOR, COMMUNITY IMP ROVEMENT\'
SUBJECT: INTERLOCAL AGREEMENT FOR THE SPADY PROPERTY ACQUISITION
DATE: JANUARY 11, 1991
Staff received a revised draft agreement from Bill Hukill's
office late Monday, January 7th, on the Spady property
acquisition.
We still have problems with some of the language proposed within
the agreement. Therefore, staff is working jointly with the City
Attorney's office to redraft the agreement to our satisfaction.
The same will be the subject of the discussion of the workshop
meeting on January 16th. The transmittal material will be
available on Monday, January 14th, for the Commission's review.
LB:DQ
d/8
Spady.Rev
WS·3
4
..
DEPARTMENT OF ENVIRONMENTAL SERVICES
M E M 0 RAN DUM
TO: DAVID T. HARDEN
.
CITY MANAGER ~
THRU: WILLIAM H. GREENWOOD tkJ/. .
DIRECTOR OF ENVIRONMENTAL SERVICES
FROM: ROB TAYLOR ve1
DEPUTY DIRECTOR OF ENVIRONMENTAL SERVICES/PUBLIC WORKS
DATE: JANUARY 4, 1990
SUBJECT: NORTHWEST DRAINAGE AREA PROJECT
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
I was recently notified that the City may want to utilize the
property directly north of Spady School (see attached aerial) for
stormwater retention/detention. Said property is a 1. 73 acre
parcel owned by Carmelita A. Smith, and has an appraised value of
$ 51,900.00. This property may be used in two different ways for
stormwater management depending upon the location of the project
outfall. These alternatives are explained below and referred to
as Scenarios 1 and 2.
Scenario 1: Under this scenario the project outfall would
remain at the previously proposed location (E-4
canal just north of Lincoln Lane). In this case,
the land north of Spady School would be used for
an off-line retention area, and could only be used
to retain storm water from a portion of the entire
system. This scenario would require the least
amount of effort in redesign, but it would require
addition land acquisition for retention to
accommodate the portion of the system which could
not utilize the retention area due to is location.
A very strategic location for this supplemental
retention area is the vacant property on N. W.,
15th Avenue (see attached aerial). This property
. was acquired by American Canadian Trust Co.
through a Quick Claim Deed in 1989, and has an
appraised value of $ 35,739.00.
.
David T. Harden
December 4, 1990
Page Two
.
SCENARIO 2: Under this scenario, the project outfall would be
moved. Construction of the new outfall would
require crossing Lake Ida Road and obtaining an
easement to the Lake Ida stub canal. The area
north of Spady School would serve as the primary
on-line retention area for the entire basin. This
scenario would require a fairly extensive redesign
effort, but some cost savings may be available due
to the downsizing of some of the pipe network.
Please advise me of any preference you may have concerning the
scenarios described, and feel free to contact me if you would
like to discuss this project in further detail.
RT:kt
cc: File RTNWDRAI - Northwest Drainage Area Project
Interoffice Files: Memos to David T. Harden, City Manager
.
,