12-03-91 Regular
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CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION
REGULAR MÉETING - DECEMBER 3, 1991 - 6:00 P.M.
PUBLIC HEARINGS - 7:00 P.M.
COMMISSION CHAMBERS
RULES FOR PUBLIC PARTICIPATION
1. PUBLIC COMMENT: The public is encouraged to offer comments.
However, as a general rule, the order of presentation shall be as
follows: City Staff, Comments by the public, Commission discussion and
official action. City 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 a group presentation). 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 items
under this section.
B. Comments and Inquiries on Non-Agenda Items from the Public:
Any citizen is entitled to be heard concerning any matter within
the scope of jurisdiction of the Commission under this section.
The Commission may withhold comment or direct the City Manager to
take action on requests or comments.
C. Regular Agenda and First Reading Items: When extraordinary
circumstances or reasons exist, and at the discretion of the
Commission, a citizen 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 hand end
of" the dais. If 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 Commission on an appropriate item The
primary purpose of the sign-in sheet is to assist staff with record
keeping. Therefore, when you come up to the podium to make your
comments, kindly complete the sign-in sheet if you have not already
done so.
3. ADDRESSING THE COMMISSION: At the appropriate time, please step
up to the podium and state, 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 Commission shall be barred
from speaking further to the Commission by the presiding officer,
unless permission to continue or again address the Commission is
granted by a majority vote of the Commission members present.
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Agenda
Meeting of 12/3/91
" APPELLATE PROCEDURES
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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 proceed-
ings, 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 Cáll.
2. Invocation·.
3. Pledge of Allegiance to the Flag.
4. Agenda approval.
Action: Motion to approve.
5. Approval of Regular Meeting minutes of November 19, 1991.
6. proclamations:
7. Presentations:
A. Future of the Palm Beach Countywide Planning Council.
B. Bond Refunding: Market and Timing - Smith Barney.
8. . Consent Agenda: City Manager recommends approval.
A. AUTHORIZATION REGARDING BOND STATEMENTS: Authorize the Mayor
to deem the Preliminary Official Statements final with respect to
the refunding of the Utility Tax Bond Issues and the 1985 General
Obligation Bond Issue.
B. APPROVAL OF SERVICES FOR THE REFUNDING OF THE UTILITY TAX
BOND ISSUES AND 1985 GENERAL OBLIGATION BOND ISSUE: Approve the
printer, escrow agent, paying agent, registrar and verification
agent for the refunding of the Utility Tax Bond Issues and 1985
General Obligation Bond Issue.
C. ACCEPTANCE OF PROPOSAL FROM METRIC ENGINEERING, INC. /WATER
MAIN RELOCATION/WEST ATLANTIC AVENUE: Accept the proposal
received from Metric Engineering, Inc. , County Consultant, in the
amount of $30,688.42 for water main relocation at E-4 Canal and
West Atlantic Avenue.
D. RESOLUTION NO. 92-91: A resolution assessing costs for
abatement action necessary to remove 21 junked and/or abandoned
vehicles from properties located within the City.
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Agenda
Meeting of 12/3/91
E. AWARD OF BIDS AND CONTRACTS:
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1. Geotechnical Engineering and Testing Services -
Environmental Services - Federal Engineering and Testing Co.,
in the amount of $57,900 with funding from 1991 Street
Reconstruction - $11,580.00/Account No. 225-3162-541-61.17;
CBD Alleyway Reconstruction- $11,580.00/Account No.
225-3162-541-61.43; NW Drainage Area Phase IV -
$11,8S0.00/Account No. 225-3161-541-61.39; NW Drainage"
Outfall - $11,580.00/Account No. 448-5411-538-62.11 and S.W.
10th Street Road Widening - $11,580.00/Account No.
225-3162-541-61.17.
9. Regular Agenda:
9fJlJ - SES fJOOE.íloum
A. RESOLUTION NO. 97-91: A resolution authorizing the refunding
of the 1985 General Obligation Bond Issue.
B. RESOLUTION NO. 98-91: A resolution authorizing the refunding
of the 1967, 1978 and 1987 Utility Tax Revenue Bond Issues and the
1989 Utility Tax Note.
C. EXPANSION OF MEMBERSHIP AND SCOPE OF RESPONSIBILITY OF THE
NEIGHBORHOODS TASK TEAM: Consider expanding the membership and
scope of responsibility of the Neighborhoods Task Team to include
the review and analysis of specific recommendations to amend the
Code of Ordinances for specific Code Enforcement activities.
D. ADDITIONAL SCOPE OF SERVICES/WILLIAMS, HATFIELD AND
STONER/PINEAPPLE GROVE PROJECT: Approve an increase in the
contract amount to Williams, Hatfield and Stoner, in the amount of
$7,201.00 to modify engineering plans to provide for a positive
drainage system for Pineapple Grove Project.
E. COUNTY COMMISSION DISTRICT BOUNDARIES: Consider which set of
proposed County Commission district boundaries would be most
appropriate for Delray Beach.
~. RESOLUTION NO. 9S-9l: A resolution authorizing execution of
railroad crossing agreements and other related agreements which
transfer maintenance responsibility from the" State to the City for
the Florida East Coast Railway.
G. RESOLUTION NO. 96-91: A resolution authorizing execution of
a railroad reimbursement agreement for the construction of rail-
road grade crossings, installation of traffic control devices, and
future maintenance and adjustment of devices at the crossing at
S.E. 10th Street.
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Agenda
Meeting of 12/3/91
10. Public Hearings:
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A. ORDINANCE NO. 84-91: An Ordinance correcting the zoning
designation for the Deer Park Water Plant property located on" the
west side of South Swinton Avenue between S.E. 7th and 8th Streets
from R-1-A (Single Family Dwelling) zoning district to CF
(Community Facilities) zoning district, and correcting the
Official Zoning Map.
B. ORDINANCE NO. 81-91: An Ordinance amending the Land Develop-
ment Regulations to provide for a reduction in the amount of
ground cover required for single family and duplex lots and
redefining the basis for calculating ground cover requirements on
commercial properties.
C. ORDINANCE NO. 83-91: An Ordinance amending the Code of
Ordinances by enacting a new section 98.30 "Waste Tire Dumping" ,
to provide for licensing, rules and regulations "regarding waste
tire collectors.
D. ORDINANCE NO. 67-91: An Ordinance amending Section 52.52(A)
of the Code of Ordinances to provide for a reduction in the
penalty charged for late payment for utility services.
E. ORDINANCE NO. 86-91: An Ordinance correcting the zoning
designation on a portion of the Unity School property located on
the east side of N.W. 2nd Avenue, approximately 400 feet north of
N.W. 22nd Street from R-1-A (Single Family Dwelling) zoning
district to CF (Community Facilities) zoning district, and
correcting the Official Zoning Map.
11. Comments and Inquiries on Non-Agenda items from the Public -
Immediately following Public Hearings.
A. City Manager's response to prior public comments and
inquiries.
B. From the Public.
12. First Readings:
A. ORDINANCE NO. 90-91: An Ordinance rezoning the Lakeview Golf
course property from R-lAA and R-1AAB (Single Family Residential)
zoning districts to OS (Open Space) zoning district. If passed,
public hearing January 14, 1992.
13. Comments and Inquiries on Non-Agenda Items:
A. Commission
B. City Attorney
C. City Manager
D; Municipal and County Issues
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CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION
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REGULAR MEETING - DECEMBER 3, 1991 - 6:00 P.M.
PUBLIC HEARINGS - 7:00 P.M.
COMMISSION CHAMBERS
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ADDENDUM
THE REGULAR AGENDA IS AMENDED TO INCLUDE:
9AA. FUNDING FOR OLD SCHOOL SQUARE, INC. THEATER PROJECT:
( *Note : This will be the first item discussed on the Commission's
Regular Agenda.)
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDEN, CITY MANAGER
J)Otlirf,;/. ~d{1C<J j¡~
FROM: DAVID J. KOVACS, DI TOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF DECEMBER 3, 1991
DISCUSSION REGARDING SUNSET OF THE COUNTYWIDE PLANNING
COUNCIL
ACTION REQUESTED OF THE COMMISSION:
There is no action requested of the City Commission at this
time. On the next meeting's agenda there will be a
Resolution calling for the SUNSET of the County Wide
Planning Council.
BACKGROUND:
The Countywide Planning Council was established through
referendum. A provision of Council's Charter provides for
SUNSETTING of the organization by actions of the municipalities
within Palm Beach County in December, 1991, and each five years
thereafter. Such a consideration will be before the Commission
next week.
The Planning Council provides/undertakes the following items:
* Preparation of a Countywide Land Use Element:
-- this element has been prepared, reviewed by the State,
and is now before the County Commission for adoption. This
document is the result of compromises between the Board of
County Commissioners and the Municipal League.
* Functions as the Local Planning Agency:
-- one year from now, the PBCWPC will be the LPA for any
amendment to the City's Land Use Element or other Local Plan
Amendments which affect the Countywide Land Use Element.
-- rules and procedures to accomplish this task have been
prepared and adopted.
* Review and Recommendation re G.A.E. Applications:
-- public hearings before the PBCWPC are scheduled in
December on the first round of such applications, including
that from Delray Beach.
* Provider of services in intergovernmental (Plan)
inconsistencies:
-- procedural rules have been established. flft
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City Commission Documentation
Discussion Regarding Sunset of the Countywide Planning Council
Page 2
PROPOSED CHANGES TO THE PBCWPC:
The Board of County Commissioners (BOCC) is proposing a ballot
referendum (March) which would strengthen the role of countywide
planning by conferring more power to themselves, through their
approval role of the PBCWPC plan and procedures. This action is
opposed by the Municipal League and it has requested that each
municipal invoke the SUNSET provision of the Charter. In
response, the BOCC has proposed ballot language to reestablish
the Planning Council (hence, themselves) in a stronger role.
Attached is the ballot language which is suggested. This
language is still before the BOCC and will be chosen after
the municipalities address the SUNSET issue.
ISSUE:
The issue goes far beyond countywide and cooperative planning and
extends to providing more direct, regulatory power to the Board
of County Commissioners. The County Administrator stated during
a recent workshop (on this subject) that you must have
(countywide) regulation if you are going to have implementation
of (countywide) planning. I disagree to some degree with the
premises. I suggest that regulation is a last resort which only
follows an inability to compromise and reach mutually agreeable
positions.
Because of the seriousness of this issue, members of the BOCC,
the Municipal League, and the PBCWPC have been invited to enter a
dialogue with the Delray Beach City Commission.
Attachment:
* Ballot language proposals.
NOTE: The Charter and the proposed changes to it are available
in either the City Manager's Office or the Planning Department.
DJK/#89/CCPC.TXT
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4~ ::j~cl~~'" ~+~: ã;:;d·~t ~~~tÿv'ê:~;;i-;;ion~ar-;': --1.: propošed
46
4.7 amendment "w1Üch received negative reccn:œendation by the
~ Planning council may only be adopted by a majorlty-plua-one
48
49 vote of the Board of Count cOI:LJ:I.isslonerl!- . .... .__
50 _...... ., _ .... d_·.._.4_ ._~ "'..'" ,,__ ., "-'" ~" ":!'II',.. .-~
51 provision 4. Rd'~r~nðU21
52 Pursuant to the applicable provisions of Chapter. 100 and
53 .. ì......:~.,.>..
125, Florida statutes, a re!erend~ 1s hereby called and shall ,:(/.~"Z''''::(. ;;
54 '~;'r¿,',;
55' be held on March 10, 1992, at which t1.1::e there shall be
56 submitted to the electors of pal= Beaca county. Florida, the
following question: \ .
57 !
58 çountvwið. Pllnnin~ counoilL
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Shall the Palm ~each County Charter be amended to
59 ~'stab1iSh a countYWide ~lannlna council with arowth manaae~ent
60
eSDonsibilitv and authoritv,~o adopt__~~licies and \ =.'!~~
performance standards which resolve and prevent countywide I .,~
v. .
:'~~., ;
land use Droblerns. includina environcental, school,'housing, _..~(¡¡
":;;¡Sþ.
>~;;~
transportation, ~ water conservationL also Drovidln~ -,....,...
tor þ.~~J,.
, .. , ] ~'I;;F
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4. membershic and a F\Jture Land Use EleJ:lent to crevall .'\.f. ~'.J~
over .\ .., ......-
. " :,I;i"';
:'1' 5 inconsistent local aovernment land use elements. , .~,~r.!;:
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6 YES :.- to establish a countvvide Planninq Council.
7 ,
8 NO - not to establish a Countvvide ;Planning
-
9 Council. .
10 .... .~,. -.-.____...~~,.:...~'f';.;'~e' tr'~' ~~!t.<;;;:,"-~
11 provis ion ,. Form ot Notice, ;
,
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12 , . . The form ot notice ot the election by which thi. charter . .-
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13 amendment shall be submitted to referendum .hall contain the
14 complete text of this ordinance .ettInl¡ forth the entire
15 proposed amendment as provided by law_
16 provision G. '-ðoDtiou by U!1n:aUy. "lot. ot !'our
17 Mecbers ot tbe Board ot county :
18 commissioners,
19 ~
20 Pursuant to section 6.3 of the Palm Beaca County Charter,
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21 ordinance providi?g for amend:1ent to the P~lm Beach
.
22' County Charter vas adopted by an affirmative vote of four
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24 members of the Board of County Commissioner. of Palm Beach : ·~r~
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25, County_ ~J~i
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.> 26 Provision 7. SeverabilitYI . ..~'.;
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27 If any section, paragraph, sentence, clause, phrase, or ..,...;' ,)t'
¡ :::";-;
, , word ot th~;¡ :rdinance is for any reason held by the court to "~
28 .·..'è~
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29 be unconstitutional, inoperative or void, such holding shall '~.J,;;~
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30 not affect the remainder ot this ordinance. ~;'~,'
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3~ provhion IJ. InQl~siou in tbe Cbarter or Pal. B~acb ~:.;~~;
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32 Countv. lloriða I . .~
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33 · "._c'
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34 The provisions ot the charter amendment hereby approved .;....~~
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referenced in section 1.3 ot this Charter. A proposed i
amendment with a positive recommendation may be adopted by a I
majority of the Board of County commissioners; A proposed ¡
amendment which received negative recommendation by the
Planning council may only be adopted by a majority-plus-one
vote oL_the Board of County Commissioners.
provision 4. Referendums
Pursuant to the applicable provisions of ~apt.r. 100 and
11 125, Florida statutes, a referendum i. hereby called 'and shall
12 be held on March 10, 1992,. at which time there ahall be
¡
13 submitted to the elect1rs of Palm Beach county, Florida, the
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14 fOllowing questionss ~
15 CountYWide Plannina Council Amendments.
16 1) Shall the Palm Beach County Charter be amended to
17 strengthen the resoonsibility a~therity exercised by the ~
18 Be-aeft countywide Planning Council related to crrovth manaaement
19 and adootion ot te ade~_ policies and performance standards
20 which resolve and prevent countywide land use
21 includina environmental, school, housinq, transportation,
22 water conservationL
23
24
25 GQvernment land use elements.
26 YES - to amend the Charter in order to , ..
27 countywide Planning Council
28 '. NO ~~fpot to amend Charter
29
30
31 2) Shall there not be an amendment to the
32. ~tren<rt.henina the aro~h management resconsibiUtv
33 çQuntywide Planninq council. but rather shall the CountYWide
plannina Council be abolished? .
34 .
35 YES - to abolish the countYWide Plannina council
36 NO - not to abolish the Countywide Planning'Council
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37
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38 The torm of notice ot the election by which this charter
39 amendment shall be SUb~itted to referendum shall contain the
~
40 cOI:lplete text of this ordinance setting forth the entire
~
U proposed amendment as provided by law. I
42 I
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43 I
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Agenda I tern No. :
AGERDA REQUEST
Date: 11-11-91
Request to be placed on:'
XX Regular Agenda Special Agenda Workshop Agenda
When: 11-26-91
Description of agenda item (who, what, where, how much):
SEE ATTACHED
ORDIBAllCB/ @SOLOTIO~ REQUIRED: @l see. ". <:.;c~
YES NOæ\l).u Draft Attached: YES~)~l~
Recommendation:
Department Head Siqnature'~---:::/~' _ ~_~
Deteraination of Consistency w~!o/Co.prehensive Plan: ~
N/A
City Attorney Review/ Recommendation (if applicable):
City Attorney will be working with our Bond Counsel, Mudge Rose, to rev~ew the
Resolutions.
Budget Director Review (required on all iteas involving expenditure
of funds):
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
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Approved for agenda: (ýES/ NO . :.YV
Hold Until: -
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
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ATTACHMENT TO AGENDA R~QUEST
FOR REGULAR MEETING OF THE CITY COMMISSION
NOVEMBER 26, 1991
The following Items One through Four comprise the "Description of Agenda Item"
section of the Agenda Request Cover Sheet:
1. Smith Barney will make a presentation to the City Commission on market and
market timing and request authorization to market the Refunding Bond Issues
if and when the market is strong.
2. Request approval of the City Commission to delegate authority to the MAyor
to deem the Preliminary Official Statements final.
3. Request approval of the City Commission of the printers, escrow agent, pay-
ing agent and registrar, and verification agent for the Refunding Bond Issues.
4. Request approval of the City Commission of the Resolutions to authorize the
refunding of the 1985 General Obligation Bond Issue and various Utility Tax
Bond Issues.
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MEMORANDUM
TO: Alison MacGregor Harty
City Clerk ~
FROM: Joseph M. Sa 0
Director of Fi~~'
...........
SUBJECT: City Commission Meeting of December 3, 1991
DATE: November 25, 1991
This is to advise you that the Resolutions authorizing the refunding of the
following Bond Issues will be submitted to your office on Wednesday morning.
November 27, 1991:
A. 1967 Utility Tax Revenue Bond Issue
B. 1978 Utility Tax Revenue Bond Issue
C. 1985 General Obligation Bond Issue
D. 1987 Utility Tax Revenue Bond Issue
E. 1989 Utility Tax Note
These Resolutions will be subject to review by the financing team. The final
Resolutions will be presented at the City Commission meeting of December 3.
1991.
Back-up information for all items relating to the refunding will also be sub-
mitted to your office on the morning of Wednesday, November 27. 1991.
We apologize for any inconvenience this may cause you or your office.
JMS/rso/sam
cc: David T. Harden, City Manager
Rebecca S. O'Connor, Treasurer
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SMITH BARNEY '~'- .
~t;Cb f"VEl'
November 26, 1991 NOV 2 7 199'
C/TY ~~At\JtR'"' CF
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Mr. David T. Harden
City Manager
City of Delray Beach
100 N.W. FIrSt Avenue
Delray Beach, Florida 33444
RE: City of DeJray Beach, Florida
Refunding of Outstanding Utilities Tax Revenue Bond5
Refunding of Series 1985 General Obligation Bonds
Dear Mr. Harden:
Weare pleased to have this opportunity to update the City on the status of the above referenced
refundings. This memorandum will reiterate the City's goals with regard to the refundings, update tho
City on the current market environment, explain the action required by the Commission in order to move
forward with the refundings, and set forth a proposed timetable to sell the bonds if the City feels that it
is desirable to proceed. The proposed Commission action to be taken on December 3rd does not obligate
the City to sell the bonds =if doing so is not desirable. For example, the Commission can take the action
suggested but give direction to postpone the marketing until subsequent Commission action.
Goals Of The Refundincs
With two separate bond issues, the City has several goals in refinancing its outstanding debt. For the
outstanding Utilities Tax Bonds, these goals are as follows:
1. Save money by replacing outstanding high coupon bonds with new low coupon bonds.
2. Restructure the City's Series 1989 Notes to eliminate a substantial bullet maturity in 1994. and
replace it with less onerous smaller level payments through 2007.
3. Restructure the City's existing bond covenants to provide for additional future bonding capacity
from the City's Utilities Tax in addition to liberalizing the existing covenants related to the
investment of proceeds and use of reserve fund surety products.
-4-. fund addit;ouaJ comb: uction needs related t6 the Old Sehaal Sqyare prøj~.
The City will also refund its Series 1985 General Obligation Bonds with the goal of saving money by
replacing outstanding high coupon debt, with new low coupon debt. The savings associated with this
refunding will be used to lower the debt service millage paid by the City's propeny owners.
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Mr. David T. Harden
November' 26, 1991
Page -2-
Update On 1be Current Market ,
,
As discussed at the Commission meeting on October 29th, interest rates are currently near historically
low levels. The attached graph illustrates that tax-exempt interest rates are near their lowest level in ten
years. As of this week, present value savings to be realized from the 1985 G.O. Refunding and the
Utilities Tax Refundings are estimated at $150,000 and $220,000, respectively.
The outlook for the market over the next three to four wee1cs continues to be positive. Many large issuers
have accessed the market during the week of November 18 - November 22, including the $1,200,000,000
New York General Obligation Bonds, $1,600,000,000 New Jersey Turnpike Authority Bonds, and the
$260,000,000 Pennsylvania Turnpike Bonds. With these large issues completed, the forward calendar
has cleared up to allow for greater demand for the City's bonds. The projected Florida calendar of bond
issues is relatively light, with small issuers coming such as the City of Cape Coral ($5,000,000), the City
of Boynton Beach ($10,000,000), and the City of Kissimmee ($72,000,000). In this environment there
should be healthy demand for the City's bonds.
Necessary Commission Action
In order to proceed to ist¡ue the refunding bonds and lock in the savings, the City should consider taking
action on the following items:
1. Approve the selection of the Paying Agent, Registrar, and Escrow Agent for both bond issues.
2. Approve the selection of the bond insurer.
3. Adopt the Bond Resolution.
As previously discussed, these actions do not necessarily obligate the City to complete the refundings,
they merely put in place the necessary formalities for the City to move quickly to capture the market
when it is ready.
SU~l!ested Timetable
If the City is prepared to move forward, Smith Barney would suggest that the City adhere to the
following timetable:
December 16-17 Pricing
December 17 Special meeting to award bonds to underwriters, sign Bond Purchase
Contract, and lock in the savings.
December 30 Closing
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Mr. David T. Harden
November 26, 1991
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Conclusion
We feel that the market is currently very strong and will continue to remain strong over the next several
weeks. With a lull in the number of new issues coming to market in the first three weeks of December,
we would recommend that the City move forward to lock in savings levels available in the current
market.
Sincerely,
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David A. Levy
Second Vice President
DAUgc
cc: Joseph Safford
Becky O'Connor"
Jeff Kurtz, Esq.
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City of Defray Beach, Florida
Historical Tax-Exempt Interest Rates
1982 . Date ,
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14.00%
12.00% ..,. .............................................................................................
1().00% ...,..... ........... .... ........................................................................
8. ()()%
6.()()%
1~1~1~1~1~1m1~1~1~ 11/91
Historical Tax-Exempt
Interest Rates
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City of Delray Beach, Florida
Refunding of Utilities Tax & G.O. Bonds
Goals of Financing
1. Provide Interest Rate Savings.
2. Restructure Series 1989 Utilities Tax Notes to
provide level annual payments.
3. Restructure Utilities Tax Covenants.
SmIth Bamey, HarrIs Upham & Co.
City of De/ray Beach, F/orida
Refunding of Utilities Tax & G.O. Bonds
How the City Will Reach its Goals
1. Provide Interest Rate Savings.
Issue New Bonds at Lower Interest Rates than
the Outstanding Bonds.
2. Restructure Series 1989 Utilities Tax Notes to
provide level annual payments.
Replace the City·s current 1994 Bullet Maturity with level
Payments Due Over the Life of the New Bonds.
3. Restructure Utilities Tax Covenants.
Refund the City·s Remaining Utilities Tax Bonds and Adopt
a New Bond Resolution.
SmIth Barney, HarrIs Upham & Co.
...
City of De/ray Beach, F/orida
Refunding of Utilities Tax & G.O. Bonds
Savings Levels and Targets
Refunding Issue Savings Target Current Level
Utilities Tax Refunding $250,000 $216.000
G.O. Refunding $130.000 $85.000
(*) Savings Levels are Net of All Costs of Issuance.
Smith Bamey, Harris Upham & Co.
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City of Delray Beach, Florida
Refunding of Utilities Tax & G. O. Bonds
Time Schedule
Currently Uncertain Bond Pricing
One Day After Bond Pricing Special Meeting to
Award Bonds
and Sign Bond Purchase
Contract
Ten Days After Award of Closing
Bonds to Underwriters
Smith Bamey, Harris Upham & Co.
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City of Delray Beach, Florida
Refunding of Utiñlies Tax & G. O. Bonds
Matters for Commission Action this Evening
1. Delegate Authority to the Mayor to
Approve Use of Official Statements.
2. Approve Paying Agent, Registrar, Escrow Agent,
and Verification Agent.
3. Approve Bond Resolutions for both Refundings.
4. Select Co-Managing Underwriters.
5. Authorize Underwriters to Market Bonds when
Savings Targets are Reached.
Smith Barnsy, Harris Upham & Co.
,,,.., .
~
PuBuc FiNANCIALMANAGEMEr'-IT, INc.
Fmancial and Investment Advisors
Barnett Plaza, 201 South Orange Avenue. Suite 720
Orlando. FL 32801
407-648-2208/09 (Fax) 407'648-1323
November 26, 1991
MEMORANDUM
TO: David Harden, City Manager
Joseph Safford, Finance Director
FROM: Public Financial Management, Inc.
RE: General Obligation Refunding Bonds, Series 1991
Utilities Tax Refunding Revenue Bonds, Series 1991
As financial advisor to the City of Delray Beach, Florida (the "City"), Public Financial
Management, Inc. ("PFM") is pleased to provide this memorandum to the City regarding the
market timing for the proposed issuance of the above captioned refunding bonds. Pursuant to IRS
tax regulations, bond issues can only be advance refunded one time; therefore, it is important for
the City to consider where tax-exempt interest rates are on a historical basis and where they may be
headed in the future.
A good proxy for the City's General Obligation Refunding Bonds is The Bond ~ 20-
Bond General Obligation Index (the "BBI-20") which tracks interest rates on investment grade,
tax-exempt G.O. bond issues. As reported in ~ fums1 ~ on November 22, 1991, the BBI-
20 was at 6.75% for the week. Statistically, the 6.75% level is near the lowest that the index has
been in over a decade.
Similarly, a good proxy for the City's Utilities Tax Revenue Refunding Bonds is The BQlli1
Buyer 25-Bond Revenue Index (the "BBI-25") which tracks interest rates on investment grade,
tax-exempt revenue bond issues. As reported in ~fumd Buyer on November 22, 1991, the
BBI-25 was at 6.91% for the week. Statistically, the all-time average for the index is 9.26%, the
all-time high is 14.32% and the all-time low is 6.87%, only 4 basis points below the current
market level. The all-time low was set just weeks ago on October 3,1991; the BBI-25 began in
1979. The charts on the following pages graphically display tax-exempt interest rates over the past
ten years. It can be seen from this data that the current market is historically a good one for tax-
exempt rates.
The future direction of the tax-exempt market is uncertain at best. The economic slowdown,
> the continuing Federal budget deficit, the S & L failures, and Federal Reserve monetary policy
have all at one time or another caused interest rates to gyrate over the past year. The volatility in
Atlanta FonMyers Harrisburg Memphis New 'tbrk Orlando Philadelphia San Francisco State CoIIegr
@ An Affiliate of Marine Midland Bank, N,A, 1 i1\))
the market will probably continue until these issues and many others are resolved. While it is
possible that interest rates could come down in the future, the data presented above suggests that
the risk of rising interest rates may be greater than the prospect of significantly lower interest rates.
Given the level of potential savings for the advance refunding, the historically low level of
current interest rates, and the uncertainty of future interest rate levels, the City may wish to
consider undertaking these transactions. As financial advisor to the City, PFM recommends that
the City proceed with the proposed advance refunding of the General Obligation Bonds, Series
1985 and of the Utilities Tax Revenue Bonds, Series 1987 provided the present value savings as a
percentage of refunded principal remains approximately 3.0%. We also recommend that the City
advance refund its Utilities Tax Revenue Bonds, Series 1967, Utilities Tax Revenue Bonds, Series
1978 and Utilities Tax Revenue Note, Series 1989 at a cost of approximately $76,000 in order to
amortize a June 1, 1994 bullet principal payment and to effect covenant changes to the Utilities Tax
Revenue Bond Resolution which we recommended in a separate memorandum dated November
25, 1992.
cc: Becky O'Conner
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'.·r
MEMORANDUM
TO: David T. Harden
City Manager '-
FROM: Joseph M. saffo~
Director of fIn
,,~
SUBJECT: City Commission Meeting of December 3. 1991--Agenda Request
for Bond Refunding
DATE: November 26. 1991
This is to request that the City Commission delegate their authority to the
Mayor in regards to deeming the Preliminary Official Statement as final if
and when Smith Barney and Public Financial Management determine the market
is ready for a Refunding Bond sale.
This is required as part of the Bond process.
JMS/rso/sam
cc: Rebecca S. O'Connor. Treasurer
~ ~ ~
¡';µ/3/91
~.f1.
, A
MEMORANDUM
TO: David T. Harden
City Manager "-
FROM: Joseph M. sa<~
Director of Fina~,
SUBJECT: City Commission Meeting of December 3. 1991--Agenda Request
for Bond Refunding
DATE: November 26. 1991
On November 14, 1991, Public Financial Management (PFM), the City's
financial advisor, solicited bids for paying agent and registrar, escrow
agent and Official Statement printer in conjunction with the proposed
General Obligation and Utility Tax Refunding Bond Issues.
Attached is a cost analysis provided by PFM of those firms responding to
the Request for Proposal along with their recommendation to award to the
low bidders as follows:
l. Paying Agent ánd Registrar: Citizens and Southern (C & S)
2. Escrow Agent: Citizens and Southern (C & S)
3. Printer for Official Statement: Allied Printers
We concur with the recommendation of PFM on the above awards and would
recommend that the City Commission approve the award of these services as
outlined above.
Also on November 14, 1991, Smith Barney, the City's underwriter for the
proposed refundings, solicited bids for the verification agent services for
both Refunding Bond Issues. The results are as follows:
Causey Demgen and Moore, Inc. $2,850
Deloitte and Touche $3.000
Ernst and Young $7.500
We recommend that the award for verification services go to Causey Demgen
and Moore, Inc., as this firm was low bidder and comes highly recommended
by Smith Barney and Mudge Rose Guthrie Alexander and Ferdon, the City's
bond counsel.
JMS/rso/sam
cc: Rebecca S. O'Connor. Treasurer
g.B.
." ,~
\ .
~
PuBUC FìNANCIALMANAGFMENf, INc.
Financial and Investment Advisors
Barnett Plaza, 201 South Orange Avenue, Suite 720
Orlando, Fl. 32801
407-648-2208/09 (Fax) 407-648-1323
November 20, 1991
MEMORANDUM
TO: Joseph Safford, Director of Finance
Rebecca O'Connor, Treasurer
City of Delray Beach, FL
FROM: Thomas F. Huestis
Managing Consultant
Public Financial Management, Inc.
RE: Delray Beach, Florida, General Obligation and Public Utility Refunding Bonds, Series
1991.
Attached are the analyses of competitive bids submitted by finns, respectively, for Paying
Agent/Registrar and Escrow Agent, and Official Statement Printer for the above referenced bonds.
These bids were received in response to Requests for Proposal for each of these services. Below
are the fInns submitting the lowest bids. Public Financial Management, Inc. is familiar with each
of these fIrms and is comfortable with the quality of their work. These bids are therefore
recommended for selection.
Paying Agent/Registrar and Escrow Agent
The lowest bid received was from C&SlSovran Trust Company with a combined bid for
all services of $5,280 for the G.O. Refunding Bonds and $5,201 for the Utility Revenue
Refunding Bonds.
Official Statement Printer
The lowest bid received was from Allied Printing with a total of $8,056 for the G.O
Refunding Bonds and the Utility Revenue Refunding Bonds combined.
If you have any questions regarding any of these lists please give me a call. Once the City
has made its selection, please call me so that I can notify the selected firm and the working group.
Atlanta Fort Myers Harrisburg Memphis New 'I:Jrk Orlando Philadelphia San Francisco State College
@ An Affiliate of Marine Midland Bank, N.A.
..
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PUBuc FINANCIALMANAGEMENf, INc.
Financial and Investment Advisors
Barnett Plaza. 201 SOuth Orange Avenue. Suite 720
Orlando. FL 32801
407-648-2208/09 (Fax) 407-648-1323
November 26, 1991
MEMORANDUM
TO: David Harden, City Manager
Joseph Safford, Director of Finance
FROM: Tom Huestis, Public Financial Management, Inc.
RE: City of Delray Beach, Florida Utility Tax Revenue Bonds, Series 1991
As financial advisor to the City of Delray Beach, Florida (the "City"), Public Financial
Management, Inc. ("PFM") is pleased to provide its recommendation to the City on refunding its
Utilities Tax Revenue Bonds, Series 1978 (the "Series 1978 Bonds") and the Utilities Tax
Revenue Bonds, Series 1967 (the "Series 1967 Bonds") to change legal provisions in the Utilities
Tax Revenue Bond Resolution, adopted in 1962 (the "1962 Resolution"). The City is considering
affecting the refunding in conjunction with a refunding of its Utilities Tax Revenue Bonds, Series
1987 (the "Series 1987 Bonds") and Utilities Tax Revenue Note, Series 1989 (the "Series 1989
Note") which are being refunded to achieve debt service savings and to amortize a bullet payment
due June 1, 1994.
Background
The City, as of December 1, 1991, has, under its 1962 Resolution, a total par amount of
$12,525,000 outstanding made up of three (3) issues of parity bonds: the Series 1967 Bonds with
$100,000 outstanding, the Series 1978 Bonds with $3,080,000 outstanding and the Series 1987
Bonds with $9,345,000 outstanding. The Series 1989 Note, which has a par amount of
$1,019,884 outstanding was issued on a subordinate pledge basis to the three outstanding bond
issues currently outstanding, under the 1962 Resolutiòn. The original plan of financing as
developed by the City Finance Office, PFM and Smith Barney, Harris Upham, Inc. (the
"Underwriter") was to refund the Series 1987 Bonds and the Series 1989 Note and issue
approximately $11,190,000 of Utility Tax Revenue Bonds, Series 1991 (the "Original
Refunding").
At a working group meeting, November 6, 1991, PFM suggested that the City consider making
changes to the 1962 Resolution as part of the Original Refunding. Given the plan of finance, the
City would issue approximately $11,190,000 in Original Refunding bonds which amount would
represent approximately 78% of the bonds outstanding under the 1962 Resolution. Section 4.1 of
City Resolution No. 7-87 modifying the 1962 Resolution permits no "material modifications" to
the 1962 Resolution without "the consent in writing of the Owners of seventy-five percent (75%)
or more in principal amount of the Bonds then outstanding...". A common practice in making
changes to existing bond resolutions is to infonn new bondholders that by purchasing the bonds,
they are thereby consenting to the material modifications in the bond resolution.
Atlanta Fort Myers Harrisburg Memphis New York Orlando Philadelplùa San Francisco State College
@ An Affiliate of Marine Midland Bank, N.A. ~ß
·
PFM proposed that the City make material modifications in its 1962 Resolution; specifically, the
City would modify the additional bonds test, debt service reserve provisions to pennit the use of
separate reserve funds, provision for capital appreciation bonds (or zero coupon bonds) and t~e
pennitted investment language. (Provisions for variable rate debt could also be made although this
change has not been considered by the working group.) The current additional bonds test
provision pennits additional bonds to be issued provided that "the Utility Tax proceeds collected
during twenty-four consecutive months of the last thirty months immediately preceding the
issuance of the additional certificates have been equal to three times the highest future annual
principal and interest requirement of all certificates outstanding and the certificates so proposed to
be issued." The current investment language allows for moneys in the construction fund to be
invested in direct obligations of the U.S government, obligations fully guaranteed by the U.S.
government and C.D.s and repurchase agreement fully secured by direct obligations of the U.S.
government ("Direct Obligations").
PFM suggested the City consider the resolution changes listed above in order to bring the legal
provisions in the City's resolution from 1962 to 1991 standards. The current market accepted
additional bonds provision for Florida city utility tax revenue bonds is revenue of 1.25 times
maximum annual debt service. The City recognized this fact when it issued its Series 1987 Bonds
by providing in the supplemental bond resolution a provision that once all previously issued bonds
under the 1962 Resolution were no longer outstanding, the additional bonds test would be revenue
of 1.25 times maximum annual debt service (rather than the current test which equates to the
average of the last two current years revenue of 1.50 times maximum annual debt service). In
tenns of the investment language, even though the City does not currently use investments that are
not Direct Obligations, the provisions of the 1962 Resolution do not pennit the City to invest in
market accepted instruments such as U.S. Government Agency Obligations (which are not fully
guaranteed), Federal National Mortgage Association obligations, the Local Government Surplus
Funds Trust Fund of the State Board of Administration of the State of Florida (the "SBA"), the
highest rated commercial paper issued by corporations and other investment vehicles.
PFM suggested the bond resolution changes be made as part of the Original Refunding issue and
that the changes would immediately become effective as the Original Resolution would represent
over 75% of the bonds issued under the 1962 Resolution and the purchasers of the Original
Refunding bonds would consent by purchasing the bonds. Because the Series 1987 Bonds were
validated and sold with the provision that a new (1.25x) additional bonds test would become
effective once all prior bonds under the 1962 Resolution had been retired or defeased, and because
bond counsel does not feel that the plan of providing consent to material modifications by
purchasing new bonds is subject to the initial intent of the 1962 Resolution, bond counsel and the
City Attorney felt changes made this way would require that the City validate the Original
Refunding. The Underwriters pursuasively argued that a validation would take substantial time,
expose the City to additional interest rate risk and jeopardize the original reason for doing the
Original Refunding (debt service savings).
After the working group meeting, the attorneys suggested that validation may not be required if the
City was to refund all of its existing bonds under the 1962 Resolution (including the Series 1967
Bonds and Series 1978 Bonds) and issue Utility Tax Revenue Bonds, Series 1991 (the "Proposed
Refunding") under a completely new bond resolution (the "Proposed Resolution"). Last week,
Bond Counsel also ruled that any refunding of the Series 1978 Bonds or Series 1967 Bonds which
priced and closed at the same time as the Original Refunding has to be considered one (1) bond
issue for U.S. federal tax purposes. According to the U.S. tax law, any bonds which are refunded
for debt-service savings have to be called at the first available call date which produces savings, so
long as the pre-payment premium is equal to or less than three percent (3%). The effect on the
refunding of this federal tax law provision is to mandate the call of the Series 1978 Bonds and
Series 1967 Bonds (if refunded) at the first respective call date, even though it would be more cost
effect to refund the Series 1978 Bonds at maturity. In other words, because the entire refunding
2
·
transaction produces substantial debt service savings, the Series 1978 Bonds must meet the "first
call provision II even though it produces less aggregate savings.
The Underwriter has perfonned an analysis to tIy to detennine the economic effect of refunding the
additional two series of bonds (the Series 1967 Bonds and Series 1978 Bonds). PFM has
examined the analysis and agrees with the result that refunding the Series 1978 Bonds and Series
1967 Bonds would cost the City approximately $76,000 in present value debt service.
PFM still believes that a refunding of the additional two series of bonds in the Proposed Refunding
issue may be beneficial to the City for two main reasons. First, by doing the Ori~nal Refunding,
the City would effectively eliminate its ability to make the suggested resolution changes until far in
the future. Even though the City's additional bonds test would change to a 1.25 times coverage in
June 1, 2002, the other suggested changes could not be made until the City issued bonds in
amounts greater than 75% of the bonds then outstanding. New (1986) provisions of the federal
tax law limits the City's ability to advance refund bonds to one time. This provision prohibits the
City from making these changes in the future by an advanced refunding and the Proposed
Refunding Bonds associated with the Series 1987 Bonds would have to be paid off with cash if the
City wished to change the provisions before the first call date (estimated to be 10 years).
In addition, the resolution changes would provide the City substantially increased flexibility. The
City's net additional bonding capacity goes from $11.3 million to $17 million under a 1.25 times
coverage test. Some have argued that the City has other revenues to pledge for bonding; however,
the Utility Tax offers the City a market accepted source of bonding revenue and, therefore, quick
access to the capital markets. Changes in the investment and debt service reserve provisions could
also be used to save the City money in the future. By doing either refunding, the City will have a
debt service reserve obligation of approximately $1.4 million. If the investment language is
changed and the City chooses to invest the debt service reserve in a higher yielding security, such
as U.S. Government Agency obligations, a 10 basis point change in interest rate (0.10%) in
investing the debt service reserve could result in an additional annual $14,000 to the City.
Likewise, if the 1962 Resolution is changed to allow the City to purchase and substitute a surety
policy for the debt service reserve, the City would forego the time and expense associated with
calculating arbitrage rebate for the life of the issue. Adding the provisions for capital appreciation
bonds (zero-coupon bonds) might be worth more than the cost of the additional refundings in debt
service savings depending on the market conditions at the time.
Recommendation
In summary, PFM believes that if the City cannot affect the suggested changes to the 1962
Resolution by issuing additional bonds which represent more than 75% of the bonds outstanding
because of market timing and validation reasons, the City should refund all of its outstanding
bonds under the 1962 Resolution. The Proposed Refunding will pennit the City to issue capital
appreciation or zero-coupon bonds, purchase a debt service reserve surety policy, modify the
pennitted investment language and immediately modify the additional bonds test. These changes
will increase the issuing flexibility of the City and will, in time, more than pay for themselves.
Please do not hesitate to call me if you have any question regarding the refundings or this memo.
cc: Jeffery Kurtz, Esquire
Rebecca O'Conner
David Levy
Steven Sanford, Esquire
Lavon Wisher
3
· -.
CITY OF DELRA Y BEACH, FLORIDA
Analysis 01 Utility Tu Debt Service Coverage and BondiDg Capacity
Two Year Average Revenues at I.SO Times Versas 1.15 Times
Average FY 1990 and FY 1991 Average FY 1990 and FY 1991
Utility Tax Receipts 3,860,073 Utility Tax Receipts 3,860,073
Available Funds Available Funds
at 1.50 Times Coverage 2,573.382 at 1.15 Tunes Coverage 3,088,058
Max. Annual Debt Service 1,545,465 Max. Annual Debt Service 1,545,465
Remaining Available for Debt Service 1,027,917 Remaining Available for Debt Service 1,542.593
Tenn (years) 15 Term (years) 25
Interest Rate 6.5000% Interest Rate 6.5000%
Additional Bonding Capacity 12,615,000 Additional Bonding Capacity 18,935,000
Less: Less:
Debt Service Reserve 1,027,625 Debt Service Reserve 1,542,455
Cost of Issuance @ 2.0% 152,300 Cost of Issuance @ 2.(),¡ 378,700
Net A vai1able Bonding Capacity 11,335.()7S Net Available Bonding Capacity 17 .013,845
Difference in Net Available Bonding Capaåty $5,678,769
"',,'
, .
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~CITY MANAGER
SUBJECT: AGENDA ITEM # ~.c:. - MEETING OF DECEMBER 3, 1991
ACCEPTANCE OF PROPOSAL FROM METRIC ENGINEERING,
INC. /WATER MAIN RELOCATIONS/ADJUSTMENTS/WEST ATLANTIC
AVENUE.
DATE: NOVEMBER 26, 1991
The Commission is to consider accepting a proposal from Metric
Engineering, Inc. , County Consultant, in the amount of
$30,688.42, for the design of water main relocations/adjustments
along West Atlantic Avenue, with funding to come from Water and
Sewer Water Distribution Improvement - Account No.
442-5178-536-61.78. The project will consist of the preparation
of design plans, bidding documents and field services to include
field review and construction monitoring.
Palm Beach County has hired Metric Engineering, Inc. , to design
Atlantic Avenue, west of I-95, to west of Markland Road, which
will involve relocating two 12-inch water mains where they
conflict with the road improvements.
Both Barker Osha and Anderson, the City's consultant, and Metric
Engineering, Inc. submitted fee proposals for this project
(please see attached backup) . Staff is recommending approval of
Metric Engineering, Inc.
Recommend acceptance of proposal from Metric Engineering, I nc . ,
in the amount of $30,688.42 for the design of water main
relocations/adjustments along West Atlantic Avenue.
.~ ,~
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MEMORANDUM
TO: David T. Harden
city Manager
THRU: William H. Greenwood .~/~
Director of Environmental Services ~~-/
FROM: George Abou-Jaoude
Dep. Director of Environmental Services/Projects
SUBJECT: WATER MAIN RELOCATION AT E-4 CANAL AND WEST
ATLANTIC AVENUE
PROJECT #91-97
DATE: October 31, 1991
Palm Beach County hired Metric Engineering Inc. to design
Atlantic Avenue west of 1-95 to west of Markland Road. The road
will be widened from four (4) to six (6) lanes.
The widening of Atlantic will involve relocating a 12 inch
subaqueous water main at Lake Worth Drainage District E-4 canal
to an aerial crossing. Also, the widening will involve
relocating a 12 inch water main in conflict with the new
improvements.
Metric Engineering, County Consultant, and Barker Osha and
Anderson, City approved consultant, submitted proposals for this
work, see attached memorandum.
'.1°1 "88. ~^
We recommend approval to Metric Engineering Inc. for $34,677.66.
This requires entering into an agreement with Palm Beach County.
Funding 442-5178-536-61.78.
This project is scheduled for construction in Fiscal Year 92-93.
item on the next commission agenda.
Att:
cc: File: Memos to City Manager
File: Project No. 91-97 (D)
File: P:gj91-97.doc
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MEMORANDUM
TO: Mark Gabriel
FROM: Ralph Hayden
SUBJ: Water Main Atlantic Ave Between Jog Rd and E-4 Canal
DATE: October 17, 1991
We have received fee proposals from Barker Osha and Anderson
and from Metric Engineering (the engineers who prepared the road
plans for the county) for the water main relocations in Atlantic
Ave and for the aerial crossing of the E-4 canal. .The fees for the
engineering work are as follows:
Barker Osha and Anderson
Water Main Relocation, Atlantic Ave $32,656.36
Aerial Crossing E-4 Canal 15,011.30
Total (Not incl inspections) $47,667.66
Metric En~ineerin~
Water Main Relocation, Atlantic Ave
Aerial Crossing E-4 Canal '/J01 bf/g,f2-
Total (~ incl inspections) $J4,âê7.6G
Barker Osha and Anderson provided a fee proposal for
inspections for both projects of $76,115.50. ÞTQ inopoQtion fee
prgpooal has hecn rcooivQd from Motri<, :E'14ginoøring\
Please advise as to how you want to proceed from this point.
cc George Abou-jaoude
'''J
iK)\, 22 "31 14: 27 l'lETF.:IC EI1\;H'IEEF.'Hji; F',2./4
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METRIC ENGINEERING, INC.
CONSULTING ENGINEERS w PLANNERS . SURVEYORS
1800 FOREST HILL BLVD. SUITE A-9 WEST PALM BEACH, FLORIDA 33406
PHONE: (407) 964~6336 FAX: (407) 964-9661
November 22, 1991
Mr. George Aboujaoude
Utilities Department
city of Delray Beach
200 N.W. 1st Avenue
Delray Beach, Florida 33444
RE: West Atlantic Avenue
Watermain Replacement
Markland Road to Lake Worth Drainage District E-4 Canal
Dear Mr. Aboujaoude,
Metric Engineering, Inc. is pleased to submit this proposal to
provide design services to the City of Delray Beach for the design
of water:main relocations/adjustments along West Atlantic Avenue
(8. R. 806) . The limits of this construction will be from West of
Markland Road (sta. 165+70) to east of the Lake Worth Drainage
District E-4 Canal (Sta. 268+70). This project will consist of the
preparation of design plans, bidding documents and field services
for the following Tasks:
Task 1. preparation of Design Plans for relocation/adjustment of
existing 1211 diameter watermain and 411 diameter force
main at conflict locations with proposed storm drainage
systems to be constructed under Palm Beach County proj ect
No. 's 88540 A & B and 86112. This task also includes
addition of neW 8" diameter crossings at locations to be
determined by the city of Delray Beach.
Task 2. Preparation of Design Plans for a new aerial crossing of
the Lake Worth Drainage District E-4 Canal. This crossing
will be a 12" cement lined ductile iron pipe on concrete
piles north of the proposed widening of the E-4 bridge.
Task 3. Provide project support for design efforts including
preparation of bidding documents, permit processing and
project representation.
Task 4. Provide field reviews and construction ltonitoring
services to function as the Engineer of Record for the
improvements designed in Tasks 1 and 2. These services
include:
1\1)\/ .::.¿' '31 14: 2',::, I 'IE. fFUC EI 1I.;UIEEF'11 \I; F', 3/4
. .
Mr. George Aboujaoude
RE: West Atlantic Avenue
November 22, 1991
Page Two
Task 4 (Continued)
ConsultinG Monitor.ing & Certifications
Metric shall provide shop drawing review and Oh-
site inspection of the utility construction as
required to assure construction in conformance with
the plans and specifications. In addition, Metric
shall provide monthly reviews of contractors
payment request as required. This process will
include final approval and acceptance by the City
of Delray Beach and Palm Beach County.
As-Built Survey
Metric shall provide surveying services for the
preparatioh of signed and sealed as-built drawings
of the watermain in accordance with the
requirements of the City of Delray Beach and Palm
Beach County.
These plans will be prepared as a stand alone package for
permitting and bidding. Metric will process permits through the
appropriate governmental agencies including¡ Florida Department of
Transportation, Lake Worth Drainage District, Department of
Environmental Regulation, Palm Beach County Health Department and
the Palm Beach County Fire Marshall.
The attached Manhour Estimate and Fee Proposal details the
number of sheets anticipated in the plans package and our Manhour
and F~e Estimate for this effort. The Fee Estimate also summarizes
the required effort for field inspections to serve as the Enginee~'
of Record for this project.
After you have had an opportunity to review this scope of
services and fee proposal please do not hesitate to contact our
offices should you have any questions or require additional
information. We look forward to providing these services to the
ci ty of Delray Beach and are ready to co:mmençe work immediately
upon receiving your authorization to proceed.
Sincerely,
rK};/f
. Noth, P.E., P.L.S.
JFN/clh
Enclosure
'~"1
\\1._1\1 c.c. ! '::!1 p,: ô=: 1'1l1 h: 11_. U!I., lIJI:..Lh' 11!1" F.4/4
... . , . ...
MErRIC ENGINEERING, INC. weST ATLANTIC AVENUE (S.R. 806)
'800 Forest Hill Blvd, A-9 WATERMAIN REPLACEMENT
West Palm Beach. FL 33406 MAN HOUR ESTIMATE and FEE PROPOSAL
(407) 964-6336
Nav 22, 1991
-
HOURS TASK
"rASKlSHEET DESCRIPTION UNIT QUA"!TJTY IUNIT HOURS
TASK 1 (ReIOcalion/Mjußtment PlanS)
Key S/)eet Sheet 1 a 8
Plan & Profiles Sheet 18 N/A
Watecmain Adjustments Each 13 6 78
Forcemain Adjustments Each 3 6 18
New S" dlam DIP Crossings Each 10 4 40
Special Details Sheet 1 24 ~
SUBTOTAL MAN HOURS 168
TASK 2 (Aerial Crossing @ E-4 Canal)
Genera! Notes & Quantities Sheet 1 24 24
Prestressed Concrete Plies Sheet 1 16 16
Pile Cap & Construction Details Sheet 1 40 40
General Plan & Elevation Sheet 1 40 :1Q
SUBTOT AL MANHOURS 120
TASK 3 (Project SlIpport)
Review Meetings Each 2 4 a
Permitting Lump Sum 1 60 60
aid Documents Lump Sum 1 40 40
Field Réview Lump Sum 1 13 ~
SUBTOTAL. MANHOUAS 116
TASK 4 (Field Services)
Shop Drawing Review Lump Sum , 24 24
On-Site Inspections Lump Sum 1 SO ao
As-Bullt$ & C~rtif¡cation Lump Sum 1 24 24
Survey (See below)
SUBTOTAL MANHOURS 128
TOTAL PROJeCT MAN HOURS ~¡¡;,!.t&;'f·Æ$á~!;
FEe eSTIMATE
Totet! Manhour's 532
Average Hourly Rate $17.513
Total Direct Costs $9.352.56
Over/H~ad @ 1.45 $13,561.21
Total Direct Cost & Overhead $22,913.77
Operating Margin @ '2% $:?,749,6:i
TOtal Salary Cost $25.683.42
As-Built Survey:
;; Crew Days @ $600/day $3.000.00
Survey Support 10 hrs @ $5ÙJhr $500.00
Aerial Photography $900.00
(18 Photomylars @ $50 eaCh)
Printing/Reproduction (25 SEItS) $625.00
TOTAL CONTRACT COST - LUMP SUM FEE $$O;Caê;4zt
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
°Jt-l
FROM: CITY MANAGER ¿. .
SUBJECT: AGENDA ITEM # <80 - MEETING OF DECEMBER 3, 1991
RESOLUTION NO. 92-91
DATE: NOVEMBER 26, 1991
This item is a Resolution assessing costs for abatement action
necessary to remove twenty-one (21 ) junked and/or abandoned
vehicles from properties located within the City. The Resolution
sets forth the actual costs incurred and provides the mechanism
to attach liens on these properties in the event the assessments
remain unpaid.
Recommend approval of Resolution No. 92-91 assessing costs to
remove twenty-one (21) junked and/or abandoned vehicles from
properties located within the City.
"" ,~
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RESOLUTION NO. 92-91
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 90 OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS
FOR ABATING NUISANCES BY REMOVING JUNKED AND/OR ABANDONED
VEHICLES WITHIN THE CITY OF DELRAY BEACH; SETTING OUT
ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING SAID COSTS; PROVIDING FOR AN
EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESS-
MENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION,
AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT
PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE
MAILING OF NOTICE OF LIEN.
WHEREAS, the City Manager or his designated representative
has, pursuant to Chapter 90 of the Code of Ordinances, removed junked
and/or abandoned vehicles owned by persons described in the list
attached hereto and made a part hereof, for violation of the provisions
of Chapter 90 of the Code of Ordinances; and,
WHEREAS, pursuant to Chapter 90 of the Code of Ordinances of
the City of Delray Beach, the City Manager or his designated represent-
ative has determined that a nuisance existed in accordance with the
standards set forth in Chapter 90 of the Code of Ordinances, and did
furnish the respective owner(s) of the land(s) described in the
attached list with written notice of public nuisance pursuant to
Sections 90.02 and 90.03 of the Code of Ordinances; and,
WHEREAS, the property owner(s) named in the list attached
hereto and made a part hereof did fail and neglect to remove said
junked and/or abandoned vehicles, and thus failed to abate the nuis-
ance(s) or to properly request a hearing pursuant to Chapter 90 within
the time limits prescribed in Chapter 90 of the Code of Ordinances, or
if the property owner (s) did request and receive a hearing, said
property owner(s) failed and/or neglected to abate such nuisance(s) as
required by Chapter 90 of the Code of Ordinances; and, .
WHEREAS, the City of Delray Beach, through the City Adminis-
tration or such agents or contractors hired by the City Administration
was therefore required to and did remove said junked and/or abandoned
vehicles owned by persons described in the list attached and made a
part hereof and incurred costs in abating the subject nuisance(s); and,
WHEREAS, the City Manager of the City of Delray Beach has,
pursuant to Chapter 90 of the Code of Ordinances of the City of Delray
Beach, submitted to the City Commission a report of the costs incurred
in abating said nuisance(s) as aforesaid; and,
WHEREAS, the City Commission of the City of Delray beach,
pursuant to Chapter 90 of the Code of Ordinances desires to assess the
cost of said nuisance(s) against said property owner(s),
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS
Section 1. That assessments in the individual amounts as
shown by the report of the City Manager of the City of Delray Beach,
involving the City's cost of abating the aforesaid nuisances a copy of
which is attached hereto and made a part hereof, are hereby levied
agains t the parce 1 (s ) 0 f land descr ibed in said report and in the
amount(s) indicated thereon. Said assessments so levied shall, if not
paid within thirty (30) days after mailing of the notice described in
.
. .
I
,
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Section 3, 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 assessment shall be legal, valid and
binding obligations upon the property against which said assessments
, are levied.
Section 3. That the City Clerk of the City of Qe'lray Beach is
hereby directed to immediately mail by first class mail to the owner(s)
I of the property, as such ownership appears upon the records of the
. County Tax Assessor, notice(s) that the City Commission of the City of
Delray Beach on the has levied an
assessment against said property for the cost of abatement of said
nuisance by the City, and that said assessment is due and payable
within thirty (30) days after the mailing date of said notice of
assessment, after which a lien shall be placed on said property, and
interest will accrue at the rate of 8% per annum, plus reasonable
attorney's fees and other costs of collecting said sums.
Section 4. That this resolution shall become effective thirty
(30) days from the date of adoption and the assessment(s) contained
herein and shall become due and payable thirty (30) days after the
mailing date of the notice of said assessment(s), after which a lien
shall be placed on said property(s), and interest shall accrue at the
rate of eight (8) percent per annum plus, if collection proceedings are
necessary, the costs of such proceedings including a reasonable
attorney's fee.
Section 5. That in the event that payment has not been
received by the City Clerk within thirty (30) days after the mailing
date of the notice of assessment, the City Clerk is hereby directed to
record a certified copy of this resolution in the public records of
Palm Beach County, Florida, and upon the date and time of recording of
the certified copy of this resolution a lien shall become effective on
the subject property which shall secure the cost of abatement, interest
at the rate of 8%, and collection costs including a reasonable
attorney's fee.
Section 6. That at the time the City Clerk sends the
certified copy of this resolution for recording, a notice of lien, in
the form of prescribed in Section 90.06 of the Code of Ordinances, shall
be mailed to the property owner.
PASSED AND ADOPTED in regular session on this the
day of , 1991.
MAY 0 R
ATTEST:
City Clerk
I
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-2- Res. No. 92-91
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COST OF ABATING NUISANCES UNDER CHAPTER 90
OF THE CODE OF ORDINANCES
PROPERTY DESCRIPTION OWNER ASSESSMENT
LOTS 8 & 9 (LESS RD R/W), DELORES A. LIBBY $275.00
BLK 2, SOPHIA FREY ADD., 8 HAZEL STREET 50.00 (ADM.COS!I')
PB 4, P 37, PUBLIC RECORDS, CRANFORD, NJ 07016 (RECORDING)
PALM BEACH COUNTY, FL
(911 NO FEDERAL HIGHWAY)
LOT 8, BLK 43, TOWN OF DELRAY, LUCILLE D. ANTHONY $ 38.90
PB 1, P 3, PUBLIC RECORDS, C/O GERTRUDE CARTER 65.00 (ADM. COST)
PALM BEACH COUNTY, FL 213 NW 15TH AVENUE (RECORDING)
(103 NW 3RD AVENUE) DELRAY BEACH, FL 33444
LOTS 13 TO 19 INC., LINCOLN AMERICAN CANADIAN TRUST $ 38.90
ATLANTIC PARK GARDENS, PB 23, COMPANY 65.00 (ADM. COST)
P 226, PUBLIC RECORDS, PALM 417 E.VIRGINIA STREET #1 (RECORDING)
BEACH COUNTY, FL TALLAHASSEE, FL 3230l
(110-112 SW 13TH AVENUE)
THE PT OF E'LY77.41' OF N100' COMMUNITY LAND CORP. $ 38.70
OF S12S' OF W 1/4 OF LOT 5 LYG BOX 50001 65.00 (ADM. COST)
E'LY OF I-95 R/W, SUB OF LIGHTHOUSE PT, FL 33074 (RECORDING)
SEC 17-46-43, PB 1, P 3,
PUBLIC RECORDS, PALM BEACH
COUNTY, FL
(SW 15TH AVE & SW 2ND ST)
LOT 22, BLK 4, ATLANTIC PARK LENNARD & MEARLENE JOSEY $ 38.70
GARDENS, PB 14, P 56, PUBLIC 206 SW 13TH AVENUE 65.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444 (RECORD ING)
(238-240 SW 12TH AVENUE)
THE PT OF Sl07.75' OF N431.7S' G.A. & MAMIE DAILEY $ 38.70
OF E 1/2 OF W 1/2 OF LOT 30 IN 1127 GERMANTOWN ROAD 65.00 (ADM. COST)
DB 1029, P 416, (LESS PAR IN DELRAY BEACH, FL 33444 ( RECORD ING)
OR 1428 P 22, ACCORDING TO
PB 28, P 68 OF THE OFFICIAL
RECORDS, PALM BEACH COUNTY, FL
SUB OF SEC 20-46-43, PB 28,
P 68, PUBLIC RECORDS, PALM
BEACH COUNTY, FL
(1127 1/2 GERMANTOWN ROAD)
LOT 21, BLK 3, ATLANTIC PARK DORIS G. HAYNES $ 38.70'
GARDENS, DELRAY, PB 14, P 56, 134 SW 12TH AVENUE 65.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL 33444 (RECORDING)
COUNTY, FL
(134 SW 12TH AVENUE)
-3- Res. No. 92-9l
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S5' OF LOT 1 & N71.5' OF LOT SYLVIA SCHUPLER $ 38.70
2, BLK 30, TOWN OF DELRAY, 3101 WASHINGTON ROAD 65.00 (ADM. COST)
PB 1, P 3, PUBLIC RECORDS, WEST PALM BEACH, FL 33405 (RECORDING)
PALM BEACH COUNTY, FL
(109 SW 5TH AVENUE)
LOTS 1 THRU 21 INC., BLK 1, S & S ONE LTD. $ 19.35
DELRAY BEACH HEIGHTS EXT B, 3300 S. CONGRESS AVE #7 32.50 (ADM. COST)
PB 27, P 10, PUBLIC RECORDS, BOYNTON BEACH, FL 33426 (RECORDING)
PALM BEACH COUNTY, FL
(700 BLK SW 17TH AVENUE)
LOTS 1 THRU 21 INC., BLK 1, S & S ONE LTD. $ 19.35
DELRAY BEACH HEIGHTS EXT B, 3300 S. CONGRESS AVE #7 32.50 (ADM. COST)
PB 27, P 10, PUBLIC RECORDS, BOYNTON BEACH, FL 33426 (RECORDING)
PALM BEACH COUNTY, FL
(700 BLK SW 17TH AVENUE)
LOTS 1 THRU 21 INC., BLK 1, S & S LTD. $ 19.35
DELRAY BEACH HEIGHTS EXT B, 3300 S. CONGRESS AVE #7 32.50 (ADM. COST)
PB 27, P 10, PUBLIC RECORDS, BOYNTON BEACH, FL 33426 (RECORDING)
PALM BEACH COUNTY, FL
(700 BLK SW 17TH AVENUE)
LOTS 1 THRU 21 INC., BLK 1, S & S ONE LTD. $ 19.35
DELRAY BEACH HEIGHTS EXT B, 3300 S. CONGRESS AVE #7 32.50 (ADM. COST)
PB 27, P 10, PUBLIC RECORDS, BOYNTON BEACH, FL 33426 (RECORDING)
PALM BEACH COUNTY, FL
(700 BLK SW 17TH AVENUE)
LOT 2, BLK 63, TOWN OF DELRAY, BERTHA LAURENT $ 38.70
PB 6, P 3, PUBLIC RECORDS, 218 SOUTH SWINTON AVENUE 65.00 (ADM. COST)
PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444 (RECORDING)
(218-220 SO SWINTON AVENUE)
LOT 5, BELLHAVEN UNIT A, PB 26, EDDIE L. & JUANITA TRIPP $ 38.70
P 164, PUBLIC RECORDS, PALM 316 SW 11TH AVENUE 65.00 (ADM. COST)
BEACH COUNTY, FL DELRAY BEACH, FL 33444 (RECORDING)
(316 SW 11TH AVENUE)
LOT 4, BLK 64, PT OF SUB OF LEVERT & DEVONNE $ 38.70
BLK 64, DELRAY BEACH, PB 20, HERRINGTON, JR. 65.00 (ADM. COST)
P 39, PUBLIC RECORDS, PALM 316 SOUTH SWINTON AVENUE (RECORDING)
BEACH COUNTY, FL DELRAY BEACH, FL 33444
(316 SO SWINTON AVENUE)
W18S.91' OF NW 1/4 OF SE 1/4 GREENLEAF TREE $ 38.70
OF NW 1/4 LYG S OF GERMANTOWN SERVICE INC. 65.00 (ADM. COST)
RD & W185. '91' OF SW 1/4 OF SE C/O ARCHIE RYAN ESQ. (RECORDING)
1/4 OF NW 1/4/LESS N1S0', SUB 700 E. DANIA BEACH BLVD.
OF SEC 30-46-43, PUBLIC DANIA, FL 33004
RECORDS, PALM BEACH COUNTY, FL
(3730 GERMANTOWN ROAD)
-4- Res. No. 92-9l
, r
THE PT OF LOT 11 AS IN OR 3753, FEDERAL NATIONAL MORTGAGE $ 38.;0
P 1562, KIA UNIT 5, BLK 1, ASSOCIATION 65.00 (ADM. COST)
GOLF PARK, PB 26, P 141, PUBLIC 950 E. PACES FERRY RD NE (RECORDING)
RECORDS, PALM BEACH COUNTY, FL ATLANTA, GA 30326
(823 SW 20TH COURT)
LOT 11, BLK 113, HIGHLAND PARK, JOHN A. & JUDY A. WARD $ 38.70.
DELRAY, PB 2, P 79) PUBLIC 314 NE 7TH AVENUE 65.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY, FL DELRAY BEACH, FL 33483 (RECORDING)
LOT 26, PARADISE HEIGHTS, HARVEY W. QUINCE $ 38.70
PB 26, P 113, PUBLIC RECORDS, 317 NW 7TH AVENUE 65.00 (ADM. COST)
PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444 (RECORDING)
(309 NW 7TH AVENUE)
LOTS 26 & 27, BLK 1, ATLANTIC DOROTHY CLARK $ 38.70
PINES, PB 13, P 77, PUBLIC 332 NE 14TH AVENUE 65.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY, FL BOYNTON BEACH, FL 33435 (RECORDING)
(VACANT LOTS 'NORTH OF 41 NW
12TH AVE)
S50' OF N388' OF W135' OF GEORGE SCOTT, SR $238.70
BLK 20, TOWN OF DELRAY, PB 1, ERNESTIN JOHNSON 65.00 (ADM. COST)
P 3, PUBLIC RECORDS, PALM GEORGE SCOTT, JR (RECORDING)
BEACH COUNTY, FL 19 NW 6TH AVENUE
(19 NW 6TH AVENUE) DELRAY BEACH, FL 33444
VIOLATION IS: SECTION 90.03 - STORING, PARKING OR LEAVING WRECKED OR
INOPERABLE MOTOR VEHICLES ON PRIVATE PROPERTY; EXCEPTIONS.
-5- Re s. No. 92-91
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~ITY MANAGER
SUBJECT: AGENDA ITEM # 8.t. - MEETING OF DECEMBER 3, 1991
AWARD OF BIDS AND CONTRACTS
DATE: NOVEMBER 27, 1991
This item is before you to approve the award of the following bid
and contract:
l. Geotechnical Engineering and Testing Services -
Environmental Services - Federal Engineering and
Testing Co., in the amount of $57,900 with funding from
1991 Street Reconstruction - $11,580.00/Account No.
225-3162-541-61.17; CBD Alleyway Reconstruction-
$11,580.00/Account No. 225-3162-541-61.43; NW Drainage
Area Phase IV - $11,850.00/Account No.
225-3161-541-61.39; NW Drainage Outfall -
$11,580.00/Account No. 448-5411-538-62.11 and S.W. 10th
Street Road Widening - $11,S80.00/Account No.
225-3162-541-61.17.
Recommend approval of the award of the above bid and contract
with funding as indicated.
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Agenda Item No.:
AGENDA REQUEST
Date: 11/27/91
Request to be placed on:'
X Regular Agenda Special Agenda Í'7orkshop Agenda
When: Dec. 3, 1991
Description of agenda item (who, what, where¡ how much) : Staff recommends
award of Geotechnical Engineering and Testing Services, Project No. 91-106, to
Federal Engineering & Testing Co. Amount $57,900
Account Nos. 225-3162-541-61.17. 225-3162-541-61.43. 225-3161-541-61.39.
448-5141-538-62.11, 225-3162-541-61.17
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Staff recommends award to Federal Engineering & Testing Co.
Amount $57,900
;...
Department Head Signature: a/4~ð'" II" ILL ()
Determination of Consistency with Comprehensive Plan:
~
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all iteas involving expenditure
of funds):
Funding available: ~ NO
Funding alternatives: (if applicable)
Account No. & Description: 2:2.5'==31(;,2.-154-1.01-11 sn2ær f<eCDN~~.1-1/~31JqOI,
Account Balance: 2'2.1;-":3/02..-641. "I -43 AU-£\fWM( R..~wr$rR 4~<l bOì,
. . 1.·2.6-~¡0r-541.G, I-~ NW Dep..IN~e 1/2<llP4.ß
CJ. ty Manager RevJ.ew: 44í- s::4 t -S3~. ~2-- N W i)e'AINAtt Ë 2Sb,2Pß .
Approved for agenda: @/ NO t-N
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
,
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MEMORANDUM
TO: David T. Harden
City Manager
FROM: Ralph Hayden, P.E.
City Engineer
DATE: November 27, 1991
SUBJECT: AGENDA REQUEST FOR GEOTECHNICAL ENGINEERING AND
TESTING SERVICES
PROJECT NO. 91-106, BID NO. 92-04
We have received bids for Geotechnical Engineering Services
and the lowest responsible responsive bidders are as
follows:
Federal Engineering & Testing $57,900.00
Nutting Engineers of Florida, Inc. $70,900.00
Testing Lab of the Palm Beaches, Inc. $77,980.00
We have examined the proposals and qualifications of the
three lowest bidders and recommend award to Federal
Engineering & Testing. Funding for this project will be as
follows:
Fundinq Source Account No. Amount
1991 Street Reconstruction 225-3162-541-61.17 $11,580.00
CBD Alleyway Reconstruction 225-3162-541-61.43 $11,580.00
NW Drainage Area Phase IV 225-3161-541-61.39 $11,580.00
NW Drainage Outfall 448-5411-538-62.11 $11,580.00
SW 10th st. Road Widening 225-3162-541-61.17 $11,580.00
~L
Ralph Hayd n, P.E.
RH:mm
File: RH106N27.MRM - Project #91-106
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Rr:Q #92-04
SUMMARY OF SERVICES AND FEES
PROJECTED TOTAL
COST/ ANNUAL ESTIMATED
I. SOIL TESTING UNIT OUANTITY COST
STANDARD PENETRATION...$ /FT 3,000 FT
TEST (0 - 30)
(ASTM D-1586)
STANDARD PENETRATION...$ /FT 200 FT
TEST (30' +)
(ASTM D-1586)
AUGER BORINGS..........$ /FT 2,000 FT
(ASTM D-1452)
ROCK CORE..............$ /FT 200 FT
(AASHTO T-225)
FIELD DENSITIES........$ /TEST 800 TESTS
(ASTM D-2922)
PROCTOR MOISTURE.......$ /TEST 100 TESTS
DENSITY
(ASTM 0698+1557)
SIEVE ANALYSIS.........$ /TEST 50 TESTS
(GRADATION)
(ASTM C-136)
SIEVE ANALYSIS.........$ /TEST 10 TESTS
(FINER THAN #200
S I EVE) (ASTM C-117)
CHEMICAL ANALYSIS......$ TEST 50 TESTS
(CaC03)
(FDOT FM 5-514)
FLORIDA BEARING VALUES. $ /TEST 100 TESTS
(FDOT FM5-517)
LIMEROCK BEARING RATIO.$ /TEST 100 TESTS
(FDOT LBR FM5-515)
DRAINFIELD AUGER/......$ /TEST 10 TESTS
SOIL CLASSIFICATION
(ECR I-SEC.14) .
DRAINFIELD PERC TEST...$ /TEST 10 TESTS
(ECR I-SEC.13)
5
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,~:í" Summary of SerVlces and Fees
,iI, ,. .. Page 2
PROJECTED TOTAL
COST/ ANNUAL ESTIMATED
I. SOIL TESTING UNIT QUANTITY COST
(continued)
D.O. T. PERC............ $ _/TEST 10 TESTS
(EXFILTRATION) TEST
S.F.W.M.D. PERC TEST...$ _/TEST 50 TESTS
(USUAL OPEN HOLE)
II. CONCRETE TESTING
CONCRETE CORES.........$ ~/EA 10 EA
(MINIMUM SIX EACH)
(ASTM C-42)
CONCRETE CYLINDERS.....$____/SET 20 SETS
(COMPRESSION TESTS)
(ASTM C-31)
III. ASPHALT TESTING
ASPHALT CORES/.........$____/TEST 20 TESTS
THICKNESS DETERMINATION
(FDOT 330-15.1)
ASPHALT EXTRACTION/....$____/TEST 20 TESTS
GRADATION/MARSHAL STABILITY
(ASTM D-1559)
IV. ENGINEERING AND INSPECTION SERVICES
PROFESSIONAL ENGINEER..$ ____/HR 20 HR
STAFF ENGINEER.........$ ____/HR 20 HR
ON-SITE INSPECTOR......$ _/HR 10 HR
THRESHOLD INSPECTOR....$ _/HR 10 HR
TOTAL EVALUATED BID
Submitted by: Date:
Name
Company
.
Address
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CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION
REGULAR MEETING - DECEMBER 3, 1991 - 6:00 P.M.
PUBLIC HEARINGS - 7:00 P.M.
COMMISSION CHAMBERS
-
ADDENDUM
THE REGULAR AGENDA IS AMENDED TO INCLUDE:
9AA. FUNDING FOR OLD SCHOOL SQUARE, INC. THEATER PROJECT:
~ uJ/~
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( *Note : This will be the first item discussed on the Commission's
Regular Agenda.)
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£IT' DF DELIA' BEA£H
100 NW. 1st AVENUE . DELRAY BEACH, FLORIDA 33444 . 407/243-7000
MEMORANDUM
TO: David T. Harden, City Manager
FROM: r Robert A. Barcinski, Assistant City Manager/
Administrative Services
SUBJECT: AGENDA ITEM # FINANCING OLD SCHOOL SQUARE THEATER
PROJECT
DATE: December 2, 1991
Action
City Commission is requested to consider including the $435,000 needed
to complete the Old School Square theater renovation project in the
upcoming bond issue, with Old School Square being responsible for
paying the debt service on a yearly basis.
Background
Under this alternative, the City would utilize its refinancing tool to
obtain favorable financing for Old School Square for the theater
renovation project. This alternative is different from that discussed
last week in that Old School Square would agree to pay the yearly debt
service (principal and interest) . Old School Square, Inc. is
attempting to obtain underwriting for the yearly payments from the
CRA. The yearly principal and interest payment on $435,000 for the 16
year period would be $43,800 @ 6.5% per year.
Commission had requested that staff look at other possible financing
sources, including the use of the existing Decade of Excellence Bond
funds (street projects). At this time, there does not appear to be a
savings to be realized from Decade of Excellence Bond street projects,
either from those bid to date or projects yet to be bid.
Prior to last week's meeting, staff had looked at other methods of
financing the needed shortfall. Other than Old School Square
obtaining funding from private sources, we have not been able to
identify a City-based source of funds other than the refinancing
THE EFFORT ALWAYS MATTERS
David T. Harden
Agenda Item II Financing Old School Square Theater Project
Page two
method proposed. In this very tight budget year, funding for
additional projects is unavailable.
Another alternative discussed would be to have the CRA loan Old School
Square the funding needed with Old School Square paying back the CRA.
Although discussions have not been held with the CRA at the time of
this writing, it is our belief that the CRA does not have the cash
available to advance to OSSA The CRA is not in a position at this
time to sell their own bonds. The CRA meets on December 5, 1991.
I would propose the following scenario for consideration:
Agree to put the $435,000 needed into the bond refinancing program
with the following conditions:
l. Complete a review of the bids to determine if they are reasonable.
If not, require bidding for the project.
2. OSS obtain a commitment from the CRA or other sources to
underwrite the yearly debt service.
If Old School Square cannot get a commitment from the CRA, then the
$435,000 could be removed from the issue prior to the actual sale,
i.e. , the $435,000 would not become part of the refinancing package.
RAB:mld
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£ITY DF DELRAY. BEA[H
100 N,W. 1st AVENUE . DELRAY BEACH, FLORIDA 33444 . 407/243-7000
MEMORANDUM
TO: David T. Harden, City Manager
- ---- - - - - -
FROM: (lJ!:fRobert A. Barcinski, Assistant City Manager/
Administrative Services
SUBJECT: Agenda Item t City Commission Meeting 11/26/91
Funding Request/Old School Square .
DATE: November 2l, 1991
.
ACTION
City Commission is requested to approve a funding request from
Old School Square in the amount of $435,000 to complete the
, renovation of the theater complex. If approved, funding would
I \
, I from the refinancing of the Utility Tax Bonds which will
'".... ,/ come
be on the December 3, 1991, regular mèeting for action.
BACKGROUND
The basic scope of renovation for this phase includes
renovation of the theater, stage area, first floor lobby, .
roof, second floor lobby area, and the electrical and
mechanical systems for these areas. Also included. in this
phase is the purchase and installation of theater lighting and
rigging, the theater sound system, and architect and design
fees for construction administration. Details of the scope of
work are attached~ This phase of work will not complete the
interior of the 1926 Building. Additional work will be needed
to complete access to the second floor and the other rooms in
-
the building. The estimated cost to complete the additional
work is $850,000 which Old School Square intends to raise from
their private funding campaign.
Old School Square has reviewed the construction bids with the
low bidder for the entire phase II project, Stinson Head and
their architect. Through negotiations and value engineering,
the construction price has been reduced from $1,276,300 to
$,1,000,000. Included in this reduction are items that will
need to be completed but are items Old School Square intends
L) to try to fund from private donations.
;
THE EFFORT ALWAYS MATTERS
.
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OLD SCHOOL SQUARE FUNDING REQUEST
11/26/91 COMMISSION MEETING
The entire cost for this phase of work is $1,398,000. Funding
available for this project is $963,000. The difference of
. $435,000 is being requested.
Attached as backup are copies of a letter from Frances
Bourque, details on the construction cost reduction, project
cost summàry (budget), funding analysis, and a list with costs
of items needed for this phase that Old School Square proposes
to fund through private donations.
Request consideration of this funding request. The Old School
Square . Executive Committee met on November 21, 1991 and voted
to approve this request to City Commission.
.
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Attachments
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CONSTRUCTION WORK SUMMARY
l. FIRST FLOOR COMMON AREA
a) Entry lobby (room IOO)
b) Ticket room (room llO)
c) Lobby reception (room lOl)
d) Lobby stairs to 2nd floor
e) Gallery (rooml0S)
f) Bars (rooms 107, 109)
;, g) Janitor room'-C-room-l:t2)
h) Women's bathroom (room Ill)
i) Elevatqr equipment room (room 113)
j) Hen's restroom (room 114)
k) Elevator shaft (Please note that neither the elevator
nor the elevator equipment are included in this phase.)
1) Administrative corridor (Includes provisions for doors
to be installed in next phase at future offices.)
0' m) , Electric room (room 105)
.
n) Mechanical ro~m (room 106)
. , ..
2. SECOND. FLOOR: COKKON mŒA,
The lobby balcony is, being constructed now to give the
-=-C,o,..... - .-.. '.'. appearance --Of.;.a-:compl-ete~-ini-shed-l,obby,.--HoweveJ:'-;-there·will
) be no public "access to' the second floor in this phase. (We
. will need to· provide handicap access' (elevator) and fire
exits, bef~~e ::~we . can utilize:: the .second floor.) :'
3. DRESSING ROOH'ADDITIOH'BEHIND BACKSTAGE
This two story addition has been changed structurally, but
functionallY1-i~::.r~.insIs~$tantiall'Y ~,the' samè '-as, original I y
designed. .
4" STAGE/BACKSTAGE , . ,
Although these areas have been ,redesigned structurally'- they
are substantially the same size as originally designed. Cost
saving ,measures·::..iÍ1clude_.lowering'~the .stage. house' height. from
42 feet to 32 feet,above stage floor, re-specifying and
reducing the area-of the wood stage floor system.
. .
s. AUDIENCE ÇHAHBER (THEATER), 1ST FLOOR
The existing floor has been removed and is now being sloped
to provide better,_sight ,lines.. ..The stage floor, will be 42"
above the adjacent house floor.' The floor will be carpeted
and the walls will retain their existing plaster finish
except where covered with acoustical panels.
6. AUDIENCE- CHAKBER' -'(THEÂTERl~'--RõOF-SYSTÐf
0 The existing.acoustical ceiling was removed in the last phase
exposing the wood roof decking and steel trusses. This roof
structure will remain exposed, and the wood, steel and all
electrical/mechanical work in the ceiling space will be
p",inted black. To minimize the sounds of rainfall within the I
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theater, we will install 2" rigid insulation on the roof (as
recommended by our consultants).
7. AUDIENCE CHAMBER (THEATER), BALCONY
The balcony will be finished and will consist of the
followspot booth, sound control room, lighting control room,
and audience seating. However, as previously noted, no
public access will be allowed on the 2nd floor. .
...
8. AIR CONDITIONING SYSTEK
Previous designs called for a water cooled air conditioning
. system for 'all common areas except the theater (which was a
split system unit). ,Now, due to budgeting constraints, we
ar~ designing split system air conditioning systems
throughout·,all the common areas. .'- Air' handling units will be
installed above the ceilings. Some condenser units will be
.seÞ-on-sl~s-ad-3acentr-,.to-,t-he-t:heat-er,-and-some-wi-l-I-be - set--on ' @
the' roof:. ,'. Previously, the 'theater air conditiqning system
wassupplied,through·(expensive) 'lineàr diffusers 'installed
:in' the·.ceiling~"x,.Now,. since. we 'eliminated . the main ceiling,
'ai,r~conditioning··wiI14be.:,.fsupplied ~from"stari~ard' grilles' " -',
. branching 'from·'the main ductwork.' For operation, cost,
, efficiency, our system will allow zoning to cool only the
_,ar¢as~.:;b~ing~µsed~å~~-äDy::-partlcülãrij:ìmê~~.'(i :-ë:",'we :will.. have 7 .
separate units serving the public areas--hallways, bathrooms,
lobby, etc.)... .
:
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9. 'RIGGING FOR TIŒA.ft:R ',LIGHTING AIm SCENERY .'
The rigging design calls' for: , .
'. a) : .4;,;.b1.ack-border:.::curtains.-and";8:":legs~.(these,mask-,the back
and above stage-area). These' are dead hung by chain from
the ,loft beams. '. . .' '; ".>
- b) 2 counter weight sets for the electric pipes~
c) structural/electrical accommodation for two additional
electric pipes and 22 general service pipes. These may
be purchased ·on an as-needed basis. - . .. -
d) All loft steel in place to provide dead-hung general
service capabilities.
e) Additive Alternate bids to be solicited for additional
electric pipes, counterweight sets, dead hung pipes,
, grana ~aräï)e ;--travel'er --track:""- " ...,.... "'-'" - '. ...' - ,
f) The budget for rigging'to be $50,000. This will be ,",
contracted directly by Old ,School Square in order to save I'J
paying the General Contractor's profit. close
coordination on our part will be required. ì
.
._ t '-- 'THEA'l'ER LIGHTING
The lighting design calls for:
a) A smäll controller, sufficient for most small events.,. We
will have the house lighting dimmers as well as 24-2.4 KW
dimmers for theatrical circuits. The system is.designed
to be ,expanded to 169 total dimmers, which we are told by
our consultant should be sufficient for the theater. The
24 dimmers we will start with will allow the oÐñnection
of 48-60 light fixtures, sufficient for chamber concert
lighting, lectures, public meetings, and probably small,
. . ;compact productions designed with the limitations in
. v
mind~ ::
b) 30 lighting fixtures provided under our base bid package.
, It:. is ,:'common, practice to' rent additional fixtures on an
as-needed basis.
~") ,cJ-..:..:...oÍ1e...;..C,atw.a~ i ns.tal.led,..in.,...the....ceiling -space -0 f_.the,
,-
\. audience· chamber" in · ò'rder 'to' hang 1 ights . In addition,
,lights.. will. also hang, ,fr,om :supports mounted on side walls
;of.'"the'.audience.:chamber.:}.> .:' '>'.< .," ~, ..., ,'" .
~,c) Thê,~budget~for'''theatr,ícal~ fighting to' be. $60 ~ 000. '.. This·
,will;~:becontracted directly by old schoch Square in order
to save paying the General Contractor's profit. Close
coordina.~;~n~ ~~::"~~~:::~~r~·~~~~J.'·:,.~~~: r,equire~; . .
110 "nŒATER SOUND SYSTEK ' "
The sound '"sYl3tem design cålls for:' . .
a)!A~ sys1;em~·that; should 'adeqUately 'serve to "reinforce"
ordinary' sp~ech and lecture events and some modest music
',._(notix:ock)_:or::production~'ÓI1:J. Our,..consul tant 1:ells, us that
many'events will.not require much sound system.
'reinforcement 'due. to the size of the house.
- . b) A small sound mi~er·that is expandable as our need and
budget allows.,
c) The budget for theatrical sound system to be $50,000.
This, will "be, ,contracted directly by Old School Square in
order to save paying the General Contractor's profit.
close coordination on our part will be required.
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I November 19, 1991
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î Stinson-Head. Inc.
I General Contractors Ms. Frances Bourque
I
Old School Square, Inc.
51 North Swinton Avenue
Delray Beach, Florida, 33444
Re: Old School Square Phase Two, Part Three
Dear Frances:
Having completed the bidding phase of Old School
Square Phase Two Part Three, we o~fer the following
comments for your review.
The total price based on the Plans, Specifications
and Qualifications is:
ONE KILLION TWO BUNDRED SEVENTY
SIX THOUSAND THREE HUNDRED DOLLARS
. ($1,276,300.00).
Based on the budget of One Million Dollars
($1,000,000.00), it is apparent some value
engineering is required. The attached breakdown of
items will show you how this pricing will be ()
attained providing all ite~s are accepted.
We will continue to work with you and your
consultants to assure the ultimate completeness of
this process. We further understand the overall
integrity of the project and your input in
determining the final costs and scope of work have .
ì been invaluable.
Attached you will find the breakdown and itemization
in the scopes of work discussed and the savings
which will be attained.
We certainly look forward to working with you again
. on Old School Square and feel comfortable that your
goals should be met.
I
~ Yours truly,
~
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1 Dutch Bliss
DB:sm
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Enclosures \' -~)
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2650 North Military Trail ì
Suite 140
Boc:ës Raton. Florida 33431
(407) 994-2600
Fax (407) 994-6406
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OLD SCHOOL SQUARE
PHASE TWO, PART THREE
ESTIMATE SUMMARY ANALYSIS
I Estimate Summary Total of November 18, 1991. $1,276,300.00
· · · · · . .
i potential Areas of Savinas:
ì
- pilinas .. . . . . . . . . . · . . · · · · · · · · +/- ($ 3,000.00)
I (Review design with Engineers and Subcontractor)
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~ - Structure . . . . . . . . . · . . · · · · · · · +/- ($ 13,000.00)
· .
(Review design, details and methods with Engineer)
. Structural Steel and Miscellaneous Metals . ($
~ - · · · +/- 10,000.00)
(Review with Engineer and Subcontractor the
structural design. Determine miscellaneous
I items which can be eliminated from the
0 project at this point and installed at a
later date (i.e., future light supports, etc.)
- Catwalks (Structural Steel) · · · · · · · · · · · +/- ($ 12,000.00)
Eliminate front of house catwalk in its
~ entirety including associated theater items.
I, Millwork ($
~ - . . . . · · · · · · · · · · · · · · · · +/- 25,000.00)
Determine with Architect design change~ to
doors, frames, moldings and casework
maintaining the basic intent of the design.
- Roofina . . . . . · · · · · · · · · · · · · · · · +/- ($ 3,000.00)
. Review warranties and roof bond.
:,
1 - Finish Hardware . · · · · · · · · · · · · · · · · +/- ($ 2,000.00)
Determine acceptable hardware schedule with
Supplier and Architect input.
I
~o - Rollina Shutters. · · · · · · · · · · · · · · · · +/- ($ 2,900.00)
Eliminate rolling shutters and associated
components from the Bar areas (four total)
(cabinets can be locked).
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Old School Square Phase II, Part III
Estimate summary Analysis
November 1.9, 1.991. ,
Page 2
- Drvwall, Plaster, stucco. · · · · · · · · · · · · +/- ($ 10,000.00)
Determine areas in which drywall may be
substituted for veneer plaster in ceiling
situations.
- ceramic Tile/Ouarrv Tile · · · · · · · · · · · · +/- ($ 1,000.00)
.
I Reduce' areas of ceramic tile on walls and
change minor profiles in trim pieces.
- Wood Ploorincr . · · · · · · · · · · · · · · · · · +/- ($ 10,000.00)
, .'
Patch only balcony area and install carpeting .
in lieu of refinishing the wood flooring in
. this area.
- Wall Coverincr . · · · · · · · · · · · · · · · · · +/- ($ 1,700.00)
Reduce wall covering pricing to $1.00 per
square foot allowance.
- paintin9' . . · · · · · · · · · · · · · · · · · · +/- ($ 10,000.0t.)
,Review scope of work with Architect and
Subcontractor to maintain level of quality,
however reduce cost.
- Granite Tons · · · · · · · · · · · · · · · · · · +/- ($ 9,000.00).
Furnish plastic laminate tops in lieu of
granite tops at bars and ticket window.
- Acoustic Wall Panels · · · · · · · · · · · · · · +/- ($ 10,000.00)
Eliminate these panels from the project.
- Carnetincr . . · · · · · · · · · · · · · · · · · · +/- ($ 5,700.00)
Reduce carpet allowance from $20.00 per
I square yard complete to $15.00 per square
yard complete.
1
! - Carnetincr . . · · · · · · · · · · · · · +/- ($ 2,000.00)
· · · · ·
Include carpeting in auditorium first floor
walk-ways only.
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Stin",on-H,..ad. Inc.
. Old School Square Phase II, Part III
~-~imate summary Analysis
No ..re.û1ber 19, 1991
paga 3
- Specialties · · · · · · · · · · · · · · · · · · · +/- ($ 1,000.00)
Eliminate bulletin board (2nd floor
I pressing areas).
, I
~ specialties · · · · · · · · · · · · · · · · · · · +/- ($ 3,300.00)
.' :
::i Eliminate canvas awnings at Loading Dock.
d
i'1 - APDliances · · · · · · · · · · · · · · · · · · · + / - ,( $ 1,000.00)
Eliminate washer and dryer at Backstage Area.
;
.;1 Mechanical Systems CHVAC. Plumbincr) · +/- ($ 40,000.00)
, - · · .. . · ·
l . Work with the Engineers and Consultants to
. maintain the system's integrity, however
, reducing costs of the systems through
material substitutions and value
engineering.
) - Electrical Systems · · '. · · · · · · · · · · · · +/- ($ 20,000.00) ,
Work with the Engineers and Consultants to
~ eliminate equipment and substitute materials
again maintaining the overall integrity of
the building.
~l - 2nd Floor Backstacre . · · · · · · · · · · · · · · +/- ($ 2S,000.oq)
~ Eliminate all finishes and systems from this
~ space lea~ing a shell space condition for
future completion.
~
- General Conditions . · · · · · · · · · · · · · · +/- ($ 20,000.00)
~
~ Reduce field management to approximately. 50%
. of time to job.
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~ - Sales Tax . . . . . . · · · · · · · · · · · · · · +/~ ($ 20,000.00)
:'
~~ ; Owner to prepare and execute major item
:Ii purchases to avoid sales tax.
~
~O It should be further noted that Stinson-Head, Inc. ' s
7 1/2% Overhead and Profit would be added to any
;¡~ and/or all items considered for savings purposes,
as well as a pro-rata portion of insurance costs.
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stJnson.fiead. I~
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Old School Squåre Phase II, Part III .
Estimate Summary Analysis
November 19, 1991
Page 4
Other Potential Considerations:
- Balcony and associated rooms completion.
- Front of house and stage catwalk.
- Wood flooring on stage.
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- Lighting, sound and rigging items.
- Complete a portion of 2nd floor lobby.
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CONSTRUCTION BUDGET
OLD SCHOOL SQUARE THEATER ADDITION
PHASE 2, PART 3
November 2l, 1991
f General Construction......................... .S1,000,000 /
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t.' 1.
-, ~~
sr·nf 2. Theater Rigging..................................$50,600
wi "
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3. Theater Sound....................................S32,100
,,-=._.~. --:=
· SOUAtít · . "-
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4. Theater Dimndng/Lighting Equipment...............S80,300
. 5. Contract Administration..........................S62,000J
6. Consultant Reimbursable Expenses..................S6,000J
7. Contingency Fund................................ .S50,000
(J -------
TOTAL CONSTRUCTION COST Sl,281,000
Arch./Theater Design, Seating, Grand Ibrape......Sl17,000,J
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TOTAL PROJECT COST $1,398,000
.
See next page for additional items to be provided through
Old School Square fund raising efforts.
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".Y ~, "1"
p(::;: - ,,~ ;
; r"i\ s.."..., 'i'<fiUE
j¡,3.,l:each, q',.Ja 33447
;4(7) 24~1922
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FUNDING ON HAND
OlD
SCHOOL BALANCE: CONSTRUCTION ACCOUNT $ 228,000.
GRANT: LATTNER FOUNDATION 500.000.
BALANCE: BOND 75.000.J,.
-SOUARE-
FUNDING RECEIVABLE .
BOARD OF DIRECTORS
. Frances F, Bourque
ChaIrman
Alan Armour GRANT: STATE OF FLORIDA $ 160,000.
Vice President DIVISION OF CULTURAL AFFAIRS
Billie Unville
Secretary TOTAL BALANCE OF FUNDING 963,000.
Alexander Simon 0
Treasurer
Timothy Almy
Ronald Backer CONSTRUCTION BUDGET L398,000.
Robert Chapin FUNDING FROM OLD SCHOOL SQUARE 963,000.
Philip Crangi ----------
Nancy Earnhart BALANCE REQUIRED TO GO TO CONTRACT 435,000.
Heather Frazer
Joe Gillie
Patricia Jones .
Larry Parker
Debby Unle ADD 9NS DURING CONSTRUCTION PHASE
DEVELOPMENT ' TO BE PROVIDED THROUGH OLD SCHOOL SQUARE
COUNCIL TRUSTEES FUNDRAISING EFFORTS (THEATRE SEATS,
BRICKS, GENERAL CONTRIBUTORS) 69,200.
Marshall Dewitt
Katharine Dickenson
- George Elmore TOTAL COST OF PHASE I - THEATRE $ 1,467,200.
. E. Monroe Farber
Charles Hardiman
J,m McDaniel
Tom McMurrian
JIm Nowlin
Buck Passmore
Ernie Simon
MIchael Tiernan FFB:gja:11-21-91
B.II Wallace '
Frank Wheat
-I ~ tJc.lwJ..r..4. pRy,.,.,....b¡- A..&.A '1"" ..Rr~.--'LL.,. . "\
"J
Gloria Rejune Adams ".
Acting D,rector
Old School Square, Inc, i
51 Nonh SWInton Avenue
Delrav Beach, Flonda 33444
(407) 243-7922
. ver-,
~~
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",;." ~ -- '.':"-;-"-' - -
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7 ~.~~s..:,
~- .~ ADD-ONS TO NOVEMBER 21. 1991 BUDGET
:~.¿:'..·~...T:'f~I"~·~- OLD SCHOOL SQUARE THEATER ADDITION
.;~.,~".,
i.-"'; : .
, '
, .
ti~h
U IJ - ----
S"H!~Ot'~l
b tJ . 1. Acoustic Sound Panels.......................... $10, 700
· SOUARE · 2. Lighting Cat Wal k. . . . . . . . . . . . . . . . . . . . . :. . . . . . . . $13,000
. 3. Counter Tops for Lobby Ticket Booth and Bars....$7,500
4. Security ~rilles for Lobby Bars.................$1,100
5. Upstairs Dressing Room Finishes................$27,000
~ 6. Awning over Goading Dock.~......................$3,500
7. Washer/Dryer and Misc. Dressing Room items......$l,OOO
8. Additional Theatrical Lighting provisions...... .$5,400
-------
.
TOTAL ADD-ONS $69,200
."A
I
o
I
,)Id Schooi Square, Inc.
Post otIice Box 1897
Defray Beach, Florida 33447
(407) 243-7922
.~"~
,. ~--.\
November- 21,1991 /
-
Honorable Thomas Lynch and City Commissioners
1 ()() j'·J.t..J. 1st A\....enL\e
Delray Beach~ Fl. 33444
OlD Re: Funding Requestsl Construction Renovation
SCHOOl Dear Mayor and City Commissioners,
As you may recall, this last summer at budget review,
Old School Square, Inc. requested funding to assist us in
·SOUARE· completing construction and renovation of the theatre and
lobby areas in the 1926 building. We were asking for funding
consideration part of your deliberation . reallocating
as on
30ARD OF DIRECTORS the 1987 Utility Tax Bond Funds. At that time we were
directed to complete the N.E. 1st Avenue Parking project from
. Frances F. Bourque the Decade of Excellence Bond fund, to obtain bids on the
Chairman
Alan Armour theatre renovation project and to come back to Commission
VICe "'-ident with our funding request when the bids were in.
Billie Unville
s.cr.tary We have now completed the bid negotiating process with
Alexander Simon Stinson Head our Phase 11 Contractor for the construction §ID
Treasurer work and have received pricing for other elements of the ~i
Timothy Almy project regarding theatre lighting and rigging, theatre scun'~
Ronald Badcer system and construction administration design.
Robert Chapin
Philip Crangi We have negotiated the construction cost to
Nancy Earnhart $1,000,000.00. The original bid was $1,276,300.00. In
Heather Frazer
Joe Gillie negotiating the contract price eight elements at a value of
$69,200.00 have been removed but will ultimately need to be ,
Patricia Jones
Debby UttJe completed. Our intent is to raise funds from p~ivate sources
Larry Parker to.complete these items. A detailed budget/bid summary, a
DEVELOPMENT list of the items removed from the construction contract for
COUNCIL TRUSTEES which private funding will be needed, a fund availability
analysis, and details on contract neg~tiations are attached.
Marshall Dewitt
Katharine Dickenson The total cost for this phase of work is $1,398,000.00
George Elmore
. E. Monroe Farber and our available funding is $963,000.00. Old School
Charles Hardiman Square, Inc. is requesting that the City consider funding the
Jim McDanief difference of $435,000.00 as part of your bond refinancing
Tom McMurrian program.
Jim Nowfin
Buck Passmore This phase of construction, will not totally
Ernie Simon however,
Michael Tiernan complete the renovation of the 1926 building and I would tte
Bill Wallace remiss if I didn't let you know this. We will still need to
Frank Wheat complete handicap access to the second floor in order to use
the theatre balcony. To accommodate access to the completed
balcony ",Jill require approximately $75,000.00 which is for :-.
Gloria Rejune Adams the elevator and the fire exit as required by code. ~'Je hope ~:_--'
Acting Director to raise these funds before actually opening the theatre
although n01: being able to use the balcony at this time ~"Jl.i;' ;
Old School Square. Inc.
51 North Swinton Avenue
Delray Beach. Florida 33444
(407)243- 7922
\
1
not prevent our open~ng the theatre. The estimated C 0=-1: 1:0
complete the balance of the ~'Jork .l.S appro,.~imatel y
$850~OOO.OO. Thi s ~'Jork ~ t~Jhich lS the complete reno'.'a t i c·n of
the other rooms, classrooms and administation t·J~na ~.J ill be
phased in the future as funding becomes available. It ' c: O!,..Jr
...~
intent to raise money to complete this phase from private
funding sources and additional grant funds that may become
available.
We at Old School Square are dedicated to completing all
elements of the project including the exterior of the site at
minimum public expense. It may take longer, but we will
. strive to complete the elements remaining with private
funding.
.
Your favorable consideration of our funding request is
deeply appreciated. We feel that if we can complete the
. theatre now we can go a long "'lay in moving the site forward
to better utilization.
Thank you,
) F~6r-
,
Chairman of the Board
Old School Square, Inc.
.
.
l)
;
,~,~
~ ..
M E M 0 RAN D ù M
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~ITY MANAGER
SUBJECT: AGENDA ITEM # 9 R - MEETING OF DECEMBER 3, 1991
RESOLUTION NO. 97-91
DATE: NOVEMBER 27, 1991
Resolution No. 97-91 authorizes the issuance of General
Obligation Refunding Bonds, Series 1991, in an amount not
exceeding $6,500,000, for the purpose of refunding the City's
1985 General Obligation Bond Issue. The 1985 G.O. Issue was in
the aggregate principal amount of $5,000,000 to finance the
construction of a public safety facility, and is outstanding in
the aggregate principal amount of $4,390,000.
The 1991 General Obligation Refunding Bonds will bear a lower net
average interest cost rate than that borne by the 1985 G.O. Bond
Issue, and thus will work to the financial advantage of the City.
Recommend approval of Resolution No. 97-91 authorizing the
issuance of not exceeding $6,500,000 General Obligation Refunding
Bonds, Series 1991, of the City of Delray Beach, Florida, and
providing for certain other matters deemed necessary and proper
in connection with the issuance of the bonds.
~(%~ ./
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'Keû 1St)) r=-<¿Sû)LLT10n I neoepoeATlnq /C¡<¿SO G, 0 .
Iss u£ pS wbll F1S 1~1)5 G-O ßsu-~
peou( DSO os{- ~ fììE:C¿T1 n~ -
· - ..
R-97-91
DELRAY BEACH, FLORIDA
$6,500,000
General Obligation Refunding Bonds
Series 1991
General Obligation
Refunding Bond Resolution
Adopted December 3, 1991
~ ..
TABLE OF CONTENTS, Continued
Paqe
Section 1- DEFINITIONS. · · · · · · · · · · · · · 3
Section 2. FINDINGS. · · · · · · · · · · · · · · 9
Section 3. AUTHORITY OF THIS RESOLUTION. · · · · 9
Section 4. RESOLUTION CONSTITUTES CONTRACT. · · · 9
Section 5. AUTHORIZATION AND DESCRIPTION OF
BONDS. · · · · · · · · · · · · · · · .10
Section 6. EXECUTION OF BONDS. · · · · · · · · .12
Section 7. NEGOTIABILITY, REGISTRATION AND
CANCELLATION. · · · · · · · · · · · .13
Section 8. BONDS MUTILATED, DESTROYED, STOLEN
OR LOST. · · · · · · · · · · · · · · .16
Section 9. FORM OF BONDS. · · · · · · · · · · · .17
Section 10. APPLICATION OF BOND PROCEEDS. · · · .27
Section 11. SECURITY FOR THE BONDS. · · · · · · .28
Section 12. COVENANTS OF THE CITY. · · · · · · · .28
Section 13. REDEMPTION OF REFUNDED BONDS
AUTHORIZED. · · · · · · · · · · · · .35
Section 14. IRREVOCABLE INSTRUCTIONS TO ESCROW
AGENT. · · · · · · · · · · · · · · · .35
Section 15. CITY ELECTION TO REFUND REFUNDED
BONDS. · · · · · · · · · · · · · · · .35
Section 16. COMPLIANCE WITH ACT. · · · · · · · · .35
Section 17. FINANCIAL PLAN FOR REFUNDING
REFUNDED BONDS. · · · · · · · · · · .35
Section 18. MODIFICATION OR AMENDMENT. · · · · · .36
Section 19. PURCHASE OF BONDS. · · · · · · · · · .37
Section 20. NOTICES TO BOND INSURER. · · · · · · .38
Section 21. BOND INSURANCE POLICY AND BOND
INSURER. · · · · · · · · · · · · · · .38
Section 22. RATINGS AND RATING AGENCIES. · · · · .38
Section 23. SEVERABILITY OF INVALID
PROVISIONS. · · · · · · · · · · · · .38
Section 24. BOND INSURER: DEFAULT. · · · · · · · .39
Section 25. REPEALER. · · · · · · · · · · · · · .39
Section 26. EFFECTIVE DATE. · · · · · · · · · · .39
-40- Res. No. 97-91
H,~
.. , . ,
R-97-91
A RESOLUTION OF TIlE CITY COMMISSION OF onΠCITY OF DEIRAY
BEACH, FLORIDA, AUTHORIZING ~~E ISSUANCE OF NOT EXCEEDING
$6,500,000 GENERAL OBLIGATION REFUNDING BONOO, SERIES 1991,
OF 'l~E CI~'Y OF DELRAY BEACH, FLORIDA FOR THE PURPOSE OF
REFUNDING ALL OR A PORTION OF THE CITY'S OUTSTANDING
GENERAL OBLIGATION BONDS OF 1980 and 1985; PROVIDING THE
FORM AND TERMS OF THE BONDS; PROVIDING FOR THE PAYMENT OF
THE BONDS FROM A TAX ON ALL TAXABLE PROPERTY IN DELRAY
BEACH; PROVIDING FOR THE RIGHTS, REMEDIES AND SECURITY OF
THE HOLDERS OF TilE BONDS; MAKING CERTAIN COVENANTS AND
AGREEMENTS IN CONNECTION THEREWITH; PROVIDING FOR CERTAIN
O'I'nER MATTERS DEEMED NECESSARY AND PROPER IN CONNECTION
WITH THE ISSUANCE OF THE BONDS; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the city of Delray Beach,
Florida (the "Conunission") did, on october 22, 1979, adopt Resolution
No. R-84-79, authorizing the issuance of General Obligation Bonds in
the aggregate principal amount of $1,390,000 and providing for a bond
election on the approval of such bonds, and the qualified electors of
the City of Delray Beach, Florida (the "City"), did, at an election
held on December 11, 1979, authorize by majority vote the issuance of
such General Obligation Bonds, which were issued on January 14, 1980
in the aggregate principal amount of $1,390,000 (the "1980 General
obligation Bonds"), pursuant to the Charter of the city of Delray
Beach, Florida, as amended and supplemented, the Constitution and
statutes of the State of Florida, particularly Chapter 166, Florida
statutes, as amended and supplemented, and other applicable
provisions of Florida law (collectively, the "Act"); and
-I- Res. No. 97-91
'''·'4
WHEREAS, the Commission did, on January 29, 1985, adopt a
resolution entitled "A RESOllJTION OF THE CITY COUNCIL OF 'illE CITY OF
DELRAY BEACH, FLORIDA, PROVIDING FOR THE ISSUANCE OF GENERAL
OBLIGATION BONDS IN THE AGGREGATE PRINCIPAL AMOUNT OF NOT EXCEEDING
$5,000,000 TO FINANCE THE CONSTRUCTION OF A PUBLIC SAFETY FACILITY IN
THE MANNER HEREIN SET FORTH; PROVIDING FOR THE CONSTRUCTION OF THE
PUBLI C SAFETY FACILITY; ORDERING AND PROVIDING FOR A BOND ELECTION ON
THE APPROVAL OF THE BONDS; PROVIDING FOR AN EFFECTIVE DATE" and the
qualified electors of the City did, at an election held on March 12,
1985, authorize by majority vote the issuance of $5,000,000 general
obligation bonds to finance the construction of a public safety
facility in the City, and there were issued City of Delray Beach,
Florida, General Obligation Bonds of 1985, in the aggregate principal
amount of $5,000,000, pursuant to the Act.
WHEREAS, the Commission has determined it to be in the
best interest of the City to issue city of Delray Beach, Florida,
General obligation Refunding Bonds, Series 1991 (the "Bonds"), in an
aggregate principal amount of not exceeding $6,500,000 for the pur-
pose of refunding its General Obligation Bonds of 1985, outstanding
in the aggregate principal amount of $4,390,000 and the 1980 General
Obligation Bonds, outstanding in the aggregate principal amount of
$860,000, either individually or per series or collectively "Refunded
Bonds" ) pursuant to the terms of this Resolution and subsequent
proceedings of the commission; and
-2- Res. No. 97-91
'''''i
, -
WHEREAS, pursuant to the provisions of section 132.36 of
the Florida Statutes, the Commission hereby determines that the maxi-
mum principal amount of the Bonds authorized by this Resolution does
not exceed the limitation imposed by section 132.35 of the Florida
statutes; and
WHEREAS, pursuant to section 132.36 of the Florida
statutes, the Commission hereby determines that the Bonds will bear a
lower net average interest cost rate than that borne by the Refunded
Bonds; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, as follows:
SECTION 1. DEFINITIONS. That, as used in the Resolution,
the following terms shall have the following meanings unless the text
otherwise expressly requires:
A. "Act" shall mean the Florida Constitution, Chapter 166
and Chapter 132, Florida statutes, as amended and supplemented, and
the Charter of the City of Delray Beach, Florida, as amended and sup-
plemented, and other applicable provisions of law.
B. "Bond Counsel" shall mean a firm or firms of nation-
ally recognized attorneys-at-law selected by the City and experienced
in the financing of capital projects for governmental units through
the issuance of tax-exempt revenue bonds under the exemption provided
under Section 103(a) of the Code.
-3- Res. No. 97-91
«'_I
· ,
C. "Bond Insurance Policy" shall mean an insurance policy
issued for the benefit of the Holders of any Bonds, pursuant to which
the Bond Insurer shall be obligated to pay when due the principal of
and interest on such Bonds to the extent of any deficiency in the
amounts in the fund and accounts held under this Resolution, in the
manner and in accordance with the terms provided in such Bond
Insurance Policy.
D. "Bond Insurer" shall mean the issuer of a Bond
Insurance Policy and its successors.
E. "Bondholder" or "Holder of Bonds" or "Owner" or any
similar term, shall mean any person who shall be the registered owner
of any Bond or Bonds Outstanding under the terms of this Resolution.
F. "Bonds" shall mean the not exceeding $6,500,000
General Obligation Refunding Bonds, Series 1991, authorized to be
issued pursuant to this Resolution.
G. "Code" shall mean the Internal Revenue Code of 1986,
as amended, and all subsequent tax legislation duly enacted by the
Congress of the United states. Each reference to a section of the
Code herein shall be deemed to include, if applicable, temporary or
proposed regulations, revenue rulings and proclamations issued or
amended with respect thereto, and any rules and regulations promul-
gated under the Internal Revenue Code of 1954 by the Treasury
Department or Internal Revenue Service of the United states.
H. "Defeasance Obligations" shall mean to the extent
permitted by law:
-4- Res. No. 97-91
. .
(a) U. s. Obligations;
(b) Any bonds or other obligations of any state of
the united states of America or of any agency, instrumen-
tality or local governmental unit of any such state
(i) which are not callable prior to maturity or as to which
irrevocable instructions have been given to the trustee of
such bonds or other obligations by the obligor to give due
notice of redemption and to call such bonds for redemption
on the date or dates specified in such instructions,
(ii) which are secured as to principal and interest and
redemption premium, if any, by a fund consisting only of
cash or bonds or other obligations of the character
described in clause ( a) hereof which fund may be applied
only to the payment of such principal of and interest and
redemption premium, if any, on such bonds or other obliga-
tions on the maturity date or dates thereof or the redemp-
tion date or dates specified in the irrevocable instruc-
tions referred to in subclause (i) of this clause (b) , as
appropr iate, and (iii) as to which the principal of and
interest on the bonds and obligations of the cnaracter
described in clause (a) hereof which have been deposited in
such fund along with any cash on deposit in such fund are
sufficient to pay principal of and interest and redemption
premium, if any, on the bonds or other obligations
described in this clause (b) on the maturity date or dates
-5- Res. No. 97-91
, .
thereof or on the redemption date or dates specified in the
irrevocable instructions referred to in subclause (i) of
this clause (b) , as appropriate;
( c) Evidences of indebtedness issued by the Federal
Home Loan Banks, Federal Home Loan Mortgage corporation
(including participation certificates), Federal Financing
Banks, or any other agency or instrumentality of the United
states of America created by an act of Congress provided
that the obligations of such agency or instrumentality are
unconditionally guaranteed by the united states of America
or any other agency or instrumentality of the United states
of America or of any corporation wholly owned by the united
states of America;
(d) Evidences of ownership of proportionate interests
in future interest and principal payments on obligations
described in ( a) held by a bank or trust company as custo-
dian; and
(e) other obligations acceptable to the Bond Insurer
if the principal of and interest on the defeased obliga-
tions are guaranteed under a Bond Insurance Policy and such
Bond Insurer is not in default under such policy, provided
that such other obligations are also acceptable to the City
and its Bond Counsel.
L "Escrow Deposit Agreement" shall mean the Escrow
Deposit Agreement entered into by and between the city and a bank or
-6- Res. No. 97-91
,,~ '1
·
trust company or national banking association, as trustee and escrow
agent, to be hereafter designated by subsequent proceedings of the
Commission, in connection with the refunding of the Refunded Bonds.
J. "Outstanding" shall mean, when used with reference to
the Bonds, as of any particular date, all Bonds theretofore, or
thereupon being, authenticated and delivered by the Registrar under
this Resolution, except (i) Bonds theretofore or thereupon cancelled
by the Registrar or surrendered to the Registrar for cancellation;
(ii) Bonds with respect to which all liability of the City shall have
been discharged in accordance with Section 12.D of this Resolution;
(iii) Bonds in lieu of or in substitution for which other Bonds shall
have been authenticated and delivered by the Registrar pursuant to
any provision of this Resolution; (iv) Bonds cancelled after purchase
in the open market or because of payment at, or redemption prior to
maturity; and (v) Bonds held or purchased by the city.
K. "Paying Agent" shall mean the bank or trust company
and any successor bank or trust company appointed by the commission
to act as Paying Agent hereunder.
L. "Refunded Bonds" shall mean, either, individually by
series or collectively, the City's outstanding 1980 General
Obligation Bonds and the City's outstanding General Obligation Bonds
of 1985.
M. "Registrar" shall mean the bank or trust company and
any successor bank or trust company appointed by the Commission to
act as Registrar hereunder.
-7- Res. No. 97-91
""1
. .
N. "Tax Certificate" shall mean the Tax certificate as to
Arbitrage and Instructions as to Compliance with the provisions of
Section 103 (a) of the Internal Revenue Code of 1986, as amended, exe-
cuted by the city on the date of initial issuance and delivery of the
Bonds, as such Tax certificate may be amended from time to time, as a
source of guidance for aChieving compliance with the Code.
o. "u. s. Obligations" shall mean the direct obligations
of, or obligations the principal of and interest on which are uncon-
ditionally guaranteed by, the united states of America, and, if
determined by subsequent proceedings of the Commission, certificates
which evidence ownership of the right to the payment of the principal
of, or interest on, such obligations.
Words of the masculine gender shall be deemed and construed
to include correlative words of the feminine and neuter genders.
Words importing the singular number shall include the plural number
and vice versa unless the context shall otherwise indicate. The word
"person" shall include corporations, associations, natural persons
and public bodies unless the context shall otherwise indicate.
Reference to a person other than a natural person shall include its
successors.
-8- Res. No. 97-91
·
SECTION 2. FINDINGS.
A. That it is necessary, advantageous, desirable and in
the best interests of the city and its residents that the Bonds be
issued to accomplish the defeasance and refunding of the Refunded
Bonds.
B. That for the payment and refunding of the Refunded
Bonds, the City shall deposit a portion of the proceeds derived from
the sale of the Bonds in an escrow deposit trust fund, which together
with other available funds, if any, and the income and earnings
derived from the investment thereof shall be sufficient to pay and
refund the Refunded Bonds as the same become due and payable or are
redeemed prior to maturity in accordance with the proceedings which
authorized their issuance, all as provided in the Escrow Deposit
Agreement.
c. That the Bonds may be issued either all at one time or
in part from time to time as the commission may in its discretion
hereafter determine by subsequent resolution.
SECTION 3. AUTHORITY OF THIS RESOLUTION. This Resolu-
tion is adopted pursuant to the Act.
SECTION 4. RESOLUTION CONSTITUTES CONTRACT. In consid-
eration of the acceptance of the Bonds, authorized to be issued here-
under by those who shall hold the same from time to time, this
Resolution shall be deemed to be and shall constitute a contract
between the City and such Bondholders, and the covenants and
agreements herein set forth to be perfonned by the city shall be for
-9- Res. No. 97-91
';'''j
·
the equal benefit, protection and security of the Holders of any and
all of such Bonds, all of which shall be of equal rank and without
preference, priority, or distinction of any of the Bonds over any
other thereof except as expressly provided therein and herein.
SECTION 5. AUTHORIZATION AND DESCRIPTION OF BONDS.
Subject and 'pursuant to the provisions of this Resolution, Bonds of
the City to be known as "General Obligation Refunding Bonds, Series
1991," are hereby authorized to be issued in the aggregate principal
amount of not exceeding six Million, Five Hundred Thousand Dollars
($6,500,000) (the "Bonds" ) for the purpose of the payment and refund-
ing of the Refunded Bonds pursuant to the provisions of the Escrow
Deposit Agreement and the proceedings which authorized the issuance
of the Refunded Bonds. The city is authorized to issue the Bonds to
pay and refund either or both series of the Refunded Bonds.
The Bonds shall be issued in registered form, shall be in
such denominations, shall mature on such dates in such years and in
such amounts, all as provided by subsequent proceedings of the
Commission. Principal shall be payable at the designated corporate
trust office of the Paying Agent. The Bonds shall be numbered in
such manner as may be prescribed by the Registrar. The Bonds shall
bear interest at not exceeding the maximum rate or rates permitted by
law, payable by check or draft made payable to the Holder of Bonds
and mailed to the address of such Holder of Bonds, as such name and
address shall appear on the registration books of the City maintained
by the Registrar on the fifteenth day of the calendar month preceding
-10- Res. No. 97-91
·
each interest payment date or the fifteenth day prior to the date
notice of redemption is given, whether or not such 15th day is a
Saturday, Sunday or holiday (herein the "Record Date"); provided,
however, that payment of interest on the Bonds may, at the option of
any Holder of Bonds in an aggregate principal amount of at least
$1,000,000, be transmitted by wire transfer to the Holder to the bank
account number on file with the Paying Agent as of the Record Date.
The Bonds authenticated prior to the first interest payment date
shall be dated and bear interest from the date determined by subse-
quent proceedings of the commission. Bonds authenticated subsequent
to the first interest payment date shall bear interest from the next
preceding interest payment date on which such interest has been paid,
unless such Bond is registered on an interest payment date or during
the period between a Record Date and the next succeeding interest
payment date, then from such interest payment date if interest is
then paid, as the case may be; provided, however, that if and to the
extent there is a default in the payment of the interest due on such
interest payment date, such defaulted interest shall be paid to the
persons in whose name Bonds are registered on the registration books
of the city maintained by the Registrar at the close of business on
the fifteenth day prior to a subsequent interest payment date estab-
lished by notice mailed by the Registrar to the registered owner not
less than the tenth day preceding such subsequent interest payment
date, such interest shall be payable semiannually on February 1 and
August 1 of each year (unless the commission shall by subsequent
-11- Res. No. 97-91
~~
·
proceedings establish different interest payment dates for any of the
Bonds) .
The Bonds shall be payable, with respect to interest, prin-
cipal and premium, if any, in any coin or currency of the United
states of America which at the time of payment is legal tender for
the payment of public and private debts;
The scheduled payment of principal of and interest on the
Bonds may also be secured by a Bond Insurance Policy, as shall be
determined by subsequent proceedings of the Commission.
SECTION 6. EXECUTION OF BONDS. That the Bonds shall be
executed in the name of the city by the Mayor of the City, and the
official seal of the City shall be affixed thereto or lithographed,
impressed, imprinted or otherwise reproduced thereon, and attested by
the City Clerk, or in such other manner as may be permitted by law.
The signatures of the Mayor or the City Clerk on the Bonds may be
manual or facsimile signature. In case anyone or more of the offi-
cers who shall have signed or sealed any of the Bonds shall cease to
be such officer before the Bonds so signed and sealed have been actu-
ally sold and delivered, such Bonds may nevertheless be sold and
delivered as herein provided and may be issued as if the person who
signed or sealed such Bonds had not ceased to hold such office. Any
of the Bonds may be signed and sealed on behalf of the City by such
person as at the actual time of execution of such Bonds shall hold
the proper office, although at the date of such Bonds such person may
not have held such office or may not have been so authorized.
-12- Res. No. 97-91
;;H 1~
·
The Bonds shall bear thereon a certificate of registration
and authentication, in the form set forth in section 9 hereof, exe-
cuted manually by the Registrar. Only such Bonds as shall bear
thereon such certificate of registration and authentication shall be
entitled to any right or benefit under this Resolution and no Bond
shall be valid or obligatory for any purpose until such certificate
of registration and authentication shall have been duly executed by
the Registrar. Such certificate of the Registrar upon any Bond exe-
cuted on behalf of the City shall be conclusive evidence that the
Bond so authenticated has been duly registered and authenticated and
delivered under this Resolution and that the holder thereof is enti-
tled to the benefits of this Resolution.
SECTION 7. NEGOTIABILITY, REGISTRATION AND CANCELlATION.
At the option of the registered holder of any Bond and upon surrender
thereof at the designated corporate trust office of the Registrar,
with a written instrument of transfer satisfactory to the Registrar
duly executed by the registered holder of a Bond or his duly autho-
rized attorney and upon payment by such holder of any charges which
the Registrar or the City may require as provided in this section,
the Bonds may be exchanged for Bonds of the same series and maturity
of any other authorized denominations.
The Registrar shall keep books for the registration of
Bonds and for the registration of transfers of Bonds. The Bonds
shall be transferable by the registered holder thereof in person or
by his attorney duly authorized in writing only upon the registration
-13- Res. No. 97-91
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books of the City kept by the Registrar, and only upon surrender
thereof together with a written instrument of transfer satisfactory
to the Registrar duly executed by the registered holder or his duly
authorized attorney. Upon the transfer of any such Bond, the City
shall issue in the name of the transferee a new Bond or Bonds.
The City, the Registrar and the Paying Agent shall deem and
treat the person in whose name any Bond shall be registered upon the
registration books kept by the Registrar as the absolute holder of
such Bond, whether such Bond shall be overdue or not, for the purpose
of receiving payment of, or on account of, the principal of, premium,
if any, and interest on such Bond as the same become due and for all
other purposes. All such payments so made to any such holder or upon
his order shall be valid and effectual to satisfy and discharge the
liability upon such Bond to the extent of the sum or sums so paid,
and neither the city, the Registrar nor the Paying Agent shall be
affected by any notice to the contrary.
In all cases in which the privilege of exchanging Bonds or
transferring Bonds is exercised, the City shall execute and the
Registrar shall authenticate and deliver Bonds in accordance with the
provisions of this Resolution. All Bonds surrendered in any such
exchange and transfer shall forthwith be delivered to the Registrar
and cancelled by the Registrar in the manner provided in this
Section. There shall be no charge for any such exchange or transfer
of Bonds, but the City or the Registrar may require the payment of a
sum sufficient to pay any tax, fee or other governmental charge
-14- Res. No. 97-91
required to be paid with respect to such exchange or transfer.
Neither the City nor the Registrar shall be required (a) to transfer
or exchange Bonds for the period from a Record Date to the next suc-
ceeding interest payment date on such Bonds or 15 days next preceding
any selection of Bonds to be redeemed or thereafter until after the
mailing of any notice of redemption; or (b) to transfer or exchange
any Bonds called for redemption. However, if less than all of a Bond
is redeemed or defeased, the City shall execute and the Registrar
shall authenticate and deliver, upon the surrender of such Bond,
without charge to the Bondholder, for the unpaid balance of the prin-
cipal amount of such Bond so surrendered, a registered Bond in the
appropriate denomination.
All Bonds paid or redeemed, either at or before maturity
shall be delivered to the Registrar when such payment or redemption
is made, and such Bonds, together with all Bonds purchased by the
city, shall thereupon be promptly cancelled. Bonds so cancelled may
at any time be destroyed by the Registrar, who shall execute a cer-
tificate of destruction in duplicate by the signature of one of its
authorized officers describing the Bonds so destroyed, and one exe-
cuted certificate shall be filed with the City and the other executed
certificate shall be retained by the Registrar.
-15- Res. No. 97-91
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SECTION 8. DONDS MUTILATED, DESTROYED, STOLEN OR LOST.
In case any Bond shall become mutilated, destroyed, stolen or lost,
the city may execute and the Registrar shall authenticate and deliver
a new Bond of like date, maturity, denomination and interest rate as
the Bond so mutilated, destroyed, stolen or lost; provided that, in
the case of any mutilated Bond, such mutilated Bond shall first be
surrendered to the city and, in the case of any lost, stolen or
destroyeù Bond, there shall first be furnished to the city and the
Registrar evidence of such loss, theft, or destruction satisfactory
to the city and the Registrar, together with indemnity satisfactory
to them. In the event any such Bond shall be about to mature or have
matured or have been called for redemption, instead of issuing a
duplicate Bond, the City may pay the same without surrender thereof.
The City and the Registrar may charge the Holder of such Bond their
reasonable fees and expenses in connection with this transaction.
Any Bond surrendered for replacement shall be cancelled in the same
manner as provided in section 7 of this Resolution.
Any such duplicate Bonds issued pursuant to this section
shall constitute additional contractual obligations on the part of
the City, whether or not the lost, stolen or destroyed Bonds be at
any time found by anyone, and such duplicate Bonds shall be entitled
to equal and proportionate benefits and rights as to lien on and
source and security for payment with all other Bonds issued
hereunder.
-16- Res. No. 97-91
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SECTION 9. FORM OF BONDS. The text of the Bonds shall Le
of substantially the following tenor, with such omissions, insertions
and variations as may be necessary and desirable:
-17- Res. Bo. 97-91
·
(Form of Bonds)*
* provisions of the Bonds may be set forth on the back of the
Bonds and shall for all purposes have the same effect as if set
forth on the front of the Bonds.
(Face of Bond)
No. $_,000
UNITED STATES OF AMERICA
S'fA'fE OF FLORIDA
PALM BEACH COUNTY
CITY OF DELRAY BEACH
GENERAL OBLIGATION REFUNDING BOND, SERIES 1991
Interest Maturity Dated
Rate Date Date CUSIP
Registered Owner:
Principal Amount:
KNOW ALL MEN BY THESE PRESENTS, that the City of Delray
Beach, Florida, a municipal corporation created and existing under
and by virtue of the laws of the state of Florida (the "city") ,
hereby acknowledges itself to be indebted, and for value received,
hereby promises to pay the Registered Owner or registered assigns on
the Maturity Date specified above, from the sources hereinafter
-18- Res. No. 97-91
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mentioned, upon the presentation and surrender hereof at the
designated corporate trust office of or any successor
thereto, as paying agent (the "paying Agent"), the Principal Amount
stated above together with interest thereon at the Interest Rate pay-
able on the first day of and of each year.
Interest on this Bond is payable by check or draft of the Paying
Agent made payable to the Registered Owner and mailed to the address
of the Registered Owner as such name and address shall appear on the
registry books of , as Registrar (said
and any successor Registrar being herein called the "Registrar"), on
the fifteenth day of the calendar month preceding each interest pay-
ment date, or the fifteenth day prior to the date notice of redemp-
tion is given, whether or not such fifteenth day is a Saturday,
Sunday or holiday (the "Record Date"); provided, however, that pay-
ment of interest on the Bonds may, at the option of any Holder of
Bonds in an aggregate principal amount of at least $1,000,000, be
transmitted by wire transfer to tile Holder to the bank account number
on file with the Paying Agent as of the Record Date. Such interest
shall be payable from the most recent interest payment date next pre-
ceding the date of authentication to which interest has been paid,
unless the date hereof is an February 1 or August 1 to which interest
has been paid, in which case from the date of authentication, or
unless the date hereof is prior to , 19 -, in which case
from , 19 -, or unless the date hereof is between a Record
Date and the next succeeding interest payment date, in which case
-19- Res. No. 97-91
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·
from such interest payment date; provided, however, that if and to
the extent there is a default in the payment of the interest ùue on
such interest payment date, such defaulted interest shall be paid to
the persons in whose name Bonds are registered on the registration
books of the city maintained by the Registrar at the close of busi-
ness on the fifteenth day prior to a subsequent interest payment date
established by notice mailed by the Registrar to the registered owner
not less than the tenth day preceding such subsequent interest pay-
ment date. The principal Amount and accrued interest thereon is pay-
able in any coin or currency of the United states of America, which,
on the date of payment thereof, shall be legal tender for the payment
of public and private debts.
This bond is one of an issue of bonds in the aggregate
principal amount of not exceeding $ , of like date, tenor
and amount, except as to the number, date of maturity and interest
rate, issued by the City for the purpose of refunding the City's out-
standing 1980 General Obligation Bonds and/or the city's outstanding
General Obligation Bonds of 1985 under the authority of and in full
compliance with the Constitution and statutes of the state of
Florida, including Chapter 166 and Chapter 132, Florida statutes, as
amended and supplemented, the city Charter of the City of Delray
Beach, Florida, as amended and supplemented, and other applicable
provisions of law and pursuant to a resolution (the "Resolution")
duly adopted by the City Commission of the City of Delray Beach,
Florida, authorizing the issuance of the bonds.
-20- Res. No. 97-91
·
Reference is hereby made to the further provisions of this
bond set forth on the reverse side hereof and such further provisions
shall for all other purposes have the same effect as if set forth on
the front side hereof.
It is hereby certified and recited that all acts, condi-
tions and things required to exist, to happen and to be performed
precedent to and in the issuance of this bond, exist, have happened
and have been performed in regular and due form and time as required
by the Laws and Constitution of the state of Florida applicable
thereto, and that the issuance of this bond and of the bonds of the
issue of which this bond is one does not violate any constitutional
or statutory debt limitation or provision; that due provision has
been made for the levy and collection of a direct annual tax in addi-
tion to all other taxes, upon all the taxable property within the
City sufficient to pay the principal of and interest on said bonds as
the same shall mature and become due, and that the full faith and
credit of the City of Delray Beach, Florida, are hereby irrevocably
pledged for the punctual payment of the principal of and interest on
this bond, as the same shall become due and payable.
-21- Res. No. 97-91
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IN WITNESS WHEREOF, the City of Delray Beach, Florida, a
municipal corporation of the State of Florida, has caused this bond
to be signed by the Mayor of the city, either manually or with
his/her facsimile signature, and the seal of said city or a facsimile
thereof to be affixed hereto, or lithographed, impressed, imprinted
or otherwise reproduced hereon, attested by the city Clerk of said
City, either manually or with his/her facsimile signature, all as of
the Dated Date.
CITY OF DELRAY BEACH, FLORIDA
Mayor
ATTEST:
City Clerk
(FORM OF CERTIFICATE OF REGISTRATION AND AUTHENTICATION)
This bond is one of the bonds delivered pursuant to the
within mentioned Resolution of the City commission of the City of
Delray Beach, Florida.
Date of
Authentication:
as Registrar
By
Authorized Officer
-22- Res. No. 97-91
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(Back of Bond)
[Insert Applicable Redemption Provisions]
The original registered owner, and each successive regis-
tered owner of this bond shall be conclusively deemed to have agreed
and consented to the following terms and conditions:
(1) The Registrar shall keep books for the registration of
bonds and for the registration of transfers of bonds as provided in
the Resolution. The bonds shall be transferable by the registered
owner thereof in person or by his attorney duly authorized in writing
only upon the books of the city kept by the Registrar and only upon
surrender hereof together with a written instrument of transfer sat-
iSfactory to the Registrar duly executed by the registered owner or
his duly authorized attorney. Upon the transfer of any such bond,
the City shall issue in the name of the transferee a new bond or
bonds.
(2) The city, the Paying Agent and the Registrar shall deem
and treat the person in whose name any bond shall be registered upon
the books kept by the Registrar as the absolute owner of such bond,
whether such bond shall be overdue or not, for the purpose of receiv-
ing payment of, or on account of, the principal of and interest on
such bond as the same becomes due, and for all other purposes. All
such payments so made to any such registered owner or upon his order
shall be valid and effectual to satisfy and discharge the liability
upon such bond to the extent of the sum or sums so paid, and neither
-23- Res. No. 97-91
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the city, the Paying Agent, nor the Registrar shall be affected by
any notice to the contrary.
(3 ) At the option of the registered owner thereof and upon
surrendered hereof at the designated corporate trust office of the
Registrar with a written instrument of transfer satisfactory to the
Registrar duly executed by the registered owner or his duly autho-
rized attorney and upon payment by such registered owner of any
charges which the Registrar or the City may make as provided in the
Resolution, the bonds may be exchanged for bonds of the same series
and maturity of any other authorized denominations.
(4) In all cases in which the privilege of exchanging bonds
or transferring bonds is exercised, the City shall execute and the
Registrar shall authenticate and deliver bonds in accordance with the
provisions of the Resolution. There shall be no charge for any such
exchange or transfer of bonds, but the City or the Registrar may
require payment of a sum sufficient to pay any tax, fee or other gov-
ernmental charge required to be paid with respect to such exchange or
transfer. Neither the City nor the Registrar shall be required (a)
to transfer or exchange bonds for a period from a Record Date to the
next succeeding interest payment date on such bonds or 15 days next
preceding any selection of bonds to be redeemed or thereafter until
after the mailing of any notice of redemption; or (b) to transfer or
exchange any bonds called for redemption. However, if less than all
of a Bond is redeemed or defeased, the city shall execute and the
Registrar shall authenticate and deliver, upon the surrender of such
-24- Res. No. 97-91
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. .
Bond, without charge to the Bondholder, for the unpaid balance of the
principal amount of such Bond so surrendered, a registered Bond in
the appropriate denomination.
This Bond shall not be valid or become obligatory for any
purpose or be entitled to any security or benefit under the
Resolution until the certificate of registration and authentication
hereon shall have been signed by an authorized officer of the
Registrar.
-25- Res. No. 97-91
·
ASSIGNMENT AND TRANSFER
FOR VALUE RECEIVED the undersigned sells, assigns and
transfers unto
(please print or typewrite name and address of transferee)
the within bond and all rights thereunder, and hereby irrevocably
constitutes and appoints
Attorney to transfer the within bond on the books kept for regis-
tration thereof, with full power of substitution in the
premises.
Dated:
In the presence of:
-26- Res. No. 97-91
·
SECTION 10. APPLICATION OF BOND PR~. The accrued
interest derived from the sale of the Bonds, if any, shall be depos-
ited in the Interest Account, hereinafter created and established and
used for the purpose of paying the interest on the Bonds as the same
become due and payable.
From the proceeds of the sale of the Bonds an amount which
together with any other moneys lawfully available therefor, if any,
shall be deposited in escrow deposit trust funds to be held by a bank
or trust company, as trustee and escrow agent, under the terms and
provisions of the Escrow Deposit Agreement and such proceeds shall be
held irrevocably in trust in such escrow deposit trust funds under
the terms and provisions of the Escrow Deposit Agreement: such moneys
(except for any open cash balances) shall be invested at the time of
deposit in u. S. Obligations which U. S. obligations and all invest-
ment earnings thereon, together with such cash balances, shall pro-
vide moneys which will be sufficient to pay the principal of and
interest, and redemption premium, if any, on the Refunded Bonds in
the manner provided in Section 132.40 of the Florida Statutes and the
resolutions authorizing the issuance of the Refunded Bonds.
The remaining proceeds of such sale shall be deposited in a
Costs of Issuance Fund, hereby created and established, to be held by
the City and used for the purpose of paying any legal expenses,
expenses for fiscal agents or financial services, the costs
associated with the purchase and subsequent management of the
u. S. Obligations, expenses in connection with the performance of the
-27- Res. No. 97-91
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duties of the escrow agent under the provisions of the Escrow Deposit
Agreement and such other expenses as may be necessary or incidental
and incurred by the City in connection with the issuance of the
Bonds.
SECTION 11. SECURITY FOR THE BONDS. That in each year
while any of the Bonds are outstanding and unpaid, there shall be
levied and collected a tax on all the taxable property within the
City sufficient to pay the interest on the Bonds as it becomes due,
and to provide for the payment of the principal and redemption premi-
um, if any, of said Bonds at their maturity, and the city is, and
shall be irrevocably and unconditionally obligated to levy and col-
lect such ad valorem taxes without limitation as to rate or amount on
all the taxable property within the city, sufficient in amount to pay
all principal and redemption premium, if any, of and interest on said
Bonds as the same shall become due and payable.
SECTION 12. COVENANTS OF THE CITY. As long as any of the
principal of or interest on any of the Bonds shall be Outstanding and
unpaid, or until there shall have been set apart in the Sinking Fund,
consisting of the Interest Account and Principal Account, herein cre-
ated and established, a sum sufficient to pay, when due, the entire
principal of the Bonds remaining unpaid, together with interest
accrued and to accrue thereon, or until the provisions of
Section 12.D. of this Resolution have been complied with, the City
covenants with the Holders of any and all of the Bonds issued
pursuant to the Resolution as follows:
-28- Res. No. 97-91
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A. TAX COVENANT. 1- In order to maintain the exclusion
of the interest on the Bonds from gross income for federal income tax
purposes, and for no other purpose, the City covenants to comply with
each applicable requirement of the Code. In furtherance of the cove-
nant contained in the preceding sentence, the city agrees to comply
with the provisions of the Tax certificate executed by the City on
the date of initial issuance and delivery of the Bonds, as such Tax
certificate may be amended from time to time, as a source of guidance
for achieving compliance with the Code.
2. The City covenants that the City shall make any and
all payments required to be made to the united states Department of
the Treasury in connection with the Bonds pursuant to Section 148(f)
of the Code from amounts on deposit in the fund and accounts estab-
lished in connection with the Bonds or from other legally available
funds of the City.
3. Notwithstanding any other provision of this Resolution
to the contrary, as long as necessary in order to maintain the exclu-
sion of the interest on the Bonds from gross income for Federal
income tax purposes, the covenants contained in this section shall
survive the payment of the Bonds and the interest thereon, including
any payment or discharge thereof pursuant to section 12.D of this
Resolution.
B. AD VALOREM TAX. In each year, while any of the Bonds
are outstanding and unpaid, the City covenants that there shall be
levied and collected a tax on all the taxable property within the
-29- Res. No. 97-91
·
City sufficient to pay the interest on the Bonds as it becomes due,
and to provide for the payment of the princjpal of said Bonds and
redemption premium, if any, when due and payable, and the City is,
and shall be irrevocably and unconditionally obligated to levy and
collect or cause to be collected such ad valorem taxes without limi-
tation as to rate or amount on all the taxable property within the
city, sufficient in amount to pay all principal of and redemption
premium, if any, and interest on said Bonds as the same shall become
due and payable.
C. CREATION AND ESTABLISHMENT OF A SINKING FUND AND
VARIOUS ACCOUNTS AND THE DISPOSITION OF MONEYS. There are hereby
created and established the following fund and accounts:
THE "SINKING FUND"
All of the moneys raised by the City from the ad valorem
taxes on the taxable property within the City for the purpose of
paying the principal of and redemption premium, if any, and interest
on the Bonds herein authorized shall be deposited by the City in a
special fund to be known as the "Sinking Fund" which is hereby cre-
ated and established. The moneys in said Sinking Fund shall be used
solely for the payment of the principal of and redemption premium, if
any, and interest on said Bonds as the same become due and payable
and the registered owners of said Bonds shall have a first lien on
all such moneys in the Sinking Fund until paid and applied in the
manner permitted in this Resolution.
-30- Res. No. 97-91
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There are also hereby created and established two (2)
separate accounts in the Sinking Fund to be known as the "Interest
Account" and the "Principal Account."
The moneys, at any time, on deposit in the sinking Fund
shall be disposed of only in the following manner:
(a) Moneys shall first be used, to the full extent
necessary, for deposit into the Interest Account in the
Sinking Fund to pay interest becoming due on the Bonds on
the next semi-annual interest payment date, provided, how-
ever, that deposits for interest shall not be required to
be made into the Interest Account to the extent that money
on deposit therein is sufficient for such purpose.
(b) Moneys shall next be used, to the full extent
necessary, for deposit into the Principal Account in the
Sinking Fund to provide for the required principal amount
maturing and becoming due on the next principal payment
date, provided, however, that deposits for principal shall
not be required to be made into the Principal Account to
the extent that money on deposit therein is sufficient for
such purpose.
(c) The Sinking Fund and the accounts therein shall
constitute a trust fund in the debt service funds of the
city. The amounts required to be accounted for in the
Sinking Fund and each of the accounts designated herein,
may be deposited in a single bank account maintained by the
~ - . .
-31- Res. No. 97-91
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City provided that adequate accounting procedures are
maintained to reflect and control the restricted alloca-
tions of the amounts on deposit therein for the various
purposes of such fund and accounts as herein provided. ~e
designation and establishment of a fund and accounts in and
by this Resolution shall not be construed to require the
establishment of any completely independent fund and
accounts but rather is intended solely to constitute an
allocation of moneys collected by the imposition of ad
valorem taxes.
Moneys on deposit in the Sinking Fund may be invested
in u. S. Obligations or any other permitted investment per-
mitted under Florida law (provided that such other invest-
ment shall be fully collateralized with U. S. Obligations)
maturing not later than such date or dates as the City
shall determine.
All income and earnings received from the investment and
reinvestment of moneys on deposit in the Principal Account and
Interest Account in the sinking Fund shall be retained therein and
shall be a credit against deposits required by this Resolution.
D. DISCHARGE AND SATISFACTION OF BONDS. The covenants,
liens and pledges entered into, created or imposed pursuant to this
Resolution may be fully discharged and satisfied with respect to the
Bonds in anyone or more of the following ways:
-32- Res. No. 97-91
. .
(a) by paying the principal of and interest on Bonds
when the same shall become due and payable: or
(b) by depositing in the Interest Account and
principal Account, or in such other accounts which are
irrevocably pledged to the payment of the Bonds, as the
City may hereafter create and establish by resolution, cer-
tain moneys, which together with other moneys lawfully
available therefor, shall be sufficient at the time of such
deposit to pay the Bonds, the interest thereon and the
redemption premium, if any, as the same become due on said
Bonds on or prior to the redemption date or maturity date
thereof; or
(c) by depositing in the Interest Account and
Principal Account or such other accounts which are irrevo-
cably pledged to the payment of the Bonds as the city may
hereafter create and establish by resolution, moneys which
together with other moneys lawfully available therefor when
invested in Defeasance Obligations will provide moneys
which shall be sufficient to pay the Bonds, the interest
thereon and the redemption premium, if any, as the same
shall become due on said Bonds on or prior to the redemp-
tion date or maturity date thereof.
(d) Notwithstanding the foregoing all references to
the discharge and satisfaction of Bonds shall include the
discharge and satisfaction of any issue of Bonds, any
-33- Res. No. 97-91
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, "
portion of an issue of Bonds, any maturity or maturities of
an issue of Bonds, any portion of a maturity of an issue of
Bonds or any combination thereof.
( e) If qny portion of the moneys deposited for the
payment of the principal of and redemption premium, if any,
and interest on any portion of Bonds is not required for
such purpose, the City may use the amount of such excess
free and clear of any trust, lien, security interest,
pledge or assignment securing said Bonds or otherwise
existing under this Resolution.
Notwithstanding the foregoing, in the event that the pay-
ment or deposit in the amount and manner provided in this Resolution
has been made by the Bond Insurer under the terms of the Bond
Insurance POlicy, the Bond Insurer shall be subrogated to the rights
of the Holders of the Bonds and the liability of the City, with
respect thereto, shall not be discharged or extinguished.
Upon such payment or deposit in the amount and manner pro-
vided in this section 12.D, the Bonds shall no longer be deemed to be
Outstanding for the purposes of the Resolution and all liability of
the City with respect to the Bonds shall cease, terminate and be com-
pletely discharged and extinguished, and the Holders thereof shall be
entitled for payment solely out of the moneys or securities so
deposited.
"'"
-34- Res. No. 97-91
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SECTION 13. REDEMPI'ION OF REFUNDED BONDS AUTHORIZED.
That there is hereby approved and authorized the redemption of the
Refunded Bonds in the manner provided in section 132.40 of the
Florida statutes and the resolutions authorizing the issuance of the
Refunded Bonds.
SECTION 14. IRREVOCABLE INSTRUCTIONS TO ESCROW AGENT.
That the city irrevocably instructs the escrow agent, to be deter-
mined by subsequent resolution of the city, to publish and/or mail or
cause to be published and/or mailed, at the times and in the manner
required by the proceedings authorizing the issuance of the Refunded
Bonds, a notice of redemption of the Refunded Bonds in substantially
the forms set forth in the Escrow Deposit Agreement.
SECTION 15. CITY ELECTION TO REFUND REFUNDED BONœ.
That, pursuant to the terms of this Resolution, the City hereby
elects to refund the Refunded Bonds through the issuance of the
Bonds.
SECTION 16. COMPLIANCE WITH ACT. The City has determined
that the maximum principal amount of the Bonds does not exceed the
limit imposed by section 132.35 of the Florida statutes.
SECTION 17. FINANCIAL PLAN FOR REFUNDING REFUNDED BONDS.
That the plan of retiring the Refunded Bonds shall be effectuated by
depositing in trust with the escrow agent a portion of the proceeds
derived from the sale of the Bonds, which will be applied by the
escrow agent (except for any open cash balances) to the purchase of
U. s. Obligations. Such proceeds shall be in an amount sufficient to
'~. . .
-35- Res. No. 97-91
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· -
purchase u. s. Obligations which, with income and earnings derived
therefrom, will be sufficient to pay the principal of and interest on
the Refunded Bonds prior to the respective redemption dates, and the
redemption price plus accrued interest on such outstanding Refunded
Bonds on such redemption dates.
As a result of such financial plan, the City anticipates
that the refunding of the Refunded Bonds will result in a present
value debt service savings, calculated in accordance with
section 132.35(2) of the Florida statutes, of at least $90,000.
That in accordance with section 132.36 of the Florida
Statutes, the Bonds, when issued, will bear a lower net average
interest cost rate than that borne collectively by the Refunded
Bonds.
SECTION 18. MODIFICATION OR AMENDMENT. No material modi-
fication or amendment of this Resolution or of any resolution amenda-
tory thereof or supplemental thereto, may be made without the consent
in writing of the OWners of two-thirds or more in principal amount of
the Bonds then outstanding; provided, however, that no modification
or amendment shall permit a change in the maturity of such Bonds or a
reduction in the rate of interest thereon, or affecting the uncondi-
tional promise of the City to pay the interest of and principal on
the Bonds, as the same mature or become due, or reduce such percen-
tage of Owners of such Bonds required above for such modification or
amendments, without the consent of the Owners of all the Bonds.
-36- Res. No. 97-91
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This Resolution may be amended, changed, modified and
altered without the consent of the Owners of Bonds, ( i) to cure any
ambiguity, correct or supplement any provision contained herein which
may be defective or inconsistent with any other provisions contained
herein, (ii) to provide other changes which will not adversely affect
the interest of such Owners, (iii) to maintain the exclusion of
interest on the Bonds from gross income for federal income tax pur-
poses, (iv) to secure or maintain a rating on the Bonds, or (v) to
implement or discontinue a book-entry system.
For purposes of this section 18, to the extent the Bonds
are insured by a Bond Insurance Policy and such Bonds are then rated
in as high a rating category in which such Bonds were rated at the
time of initial issuance and delivery thereof by the applicable
rating agency, then the consent of the Bond Insurer shall constitute
the consent of the Holders of the Bonds, provided such Bond Insurer
is not in default under the Bond Insurance Policy. The City shall
provide to S&P a copy of each amendment to this Resolution.
SECTION 19. PURCHASE OF BONOO. The City may, at any
time, purchase any of the Bonds at prices not greater than the par
amount and accrued interest to the date of purchase.
-37- Res. No. 97-91
"tlO~
SECTION 20. NOTICES TO BOND INSURER. The city shall
provide to the Bond Insurer all copies of notices sent or given pur-
suant to the terms and provisions of this Resolution.
SECTION 21. BOND INSURANCE POLICY AND BOND INSURER.
Anything in this Resolution to the contrary notwithstanding, all pro-
visions of this Resolution relating to the Bond Insurer and/or the
Bond Insurance Policy shall only be applicable in the event that the
City shall elect to obtain a Bond Insurance Policy for the Bonds pur-
suant to subsequent proceedings of the Commission.
SECTION 22. RATINGS AND RATING AGENCIES. Anything in
this Resolution to the contrary notwithstanding, all provisions of
this Resolution regarding ratings on the Bonds and/or rating agency
shall only be applicable in the event that the City shall elect to
obtain an assignment of ratings for the Bonds.
SECTION 23. SEVERABILITY OF INVALID PROVISIONS. If any
one or more of the covenants, agreements or provisions of this
Resolution should be held contrary to any express provision of law or
contrary to the policy of express law, though not expressly prohibit-
ed, or against public policy, or shall for any reason whatsoever be
held invalid, then such covenants, agreements or provisions shall be
null and void and shall be deemed separate from the remaining cove-
nants, agreements or provisions, and shall in no way affect the
validity of any of the other provisions of this Resolution or of the
Bonds issued hereunder.
-38- Res. No. 97-91
,11'4
..
SECTION 24. BOND INSURER; DEFAULT. Notwithstanding any
of the provisions of this Resolution to the contrary, all of the
rights of the Bond Insurer, if any, granted herein, shall be null and
void if the Bond Insurer is in default under the Bond Insurance
Policy.
SECTION 25. REPEALER. All resolutions and orders, or
parts thereof, in conflict herewith are, to the extent of such con-
flict, hereby repealed, and this Resolution shall take effect upon
its passage in the manner provided by law.
SECTION 26. EFFECTIVE DATE. This Resolution shall take
effect immediately upon its adoption.
Passed and adopted in regular session on this third day of
December, 1991.
~~
, MatPf
Attest:
(1PÚJfll¡'flI!!,}f; f~ IIoJiy
City Cl rk
-39- Res. No. 97-91
;~,~
.
. ,.M
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: f)ÞcITY MANAGER
SUBJECT: AGENDA ITEM # q ß - MEETING OF DECEMBER 3, 1991
RESOLUTION NO. 98-91
DATE: NOVEMBER 27, 1991
Resolution No. 98-91 authorizes the issuance, from time to time,
of City of Delray Beach, Florida, Utilities Tax Revenue Bonds for
the purpose of financing and refinancing municipal capital
projects or improvements permitted under applicable law; and,
more specifically, authorizes the issuance of Utilities Tax
Revenue Refunding and Improvement Bonds, Series 1991, in the
aggregate principal amount of not exceeding $~,OOO,OOO for the
following purposes: dO
(1) Defeasing and refunding the City's prior obligations (Le.,
Utilities Tax Revenue Certificates, Series 1967; Utilities
Tax Revenue Certificates, Series 1978; Utilities Tax Revenue
Bonds, Series 1987; and Utilities Tax Revenue Notes,
Subordinate Series 1989);
, (2) Financing all or a portion of the costs of the 1991
Improvements (i.e. , landscaping, irrigation, planting and
curbing of certain roadways, renovation and improvements to
certain city-owned facilities, roadway acquisition and
construction, the acquisition and construction of certain
park and recreational facilities, the acquisition and/or
renovation of city-owned tennis facilities, and the
renovation and rehabilitation of all or a portion of Old
School Square, and all engineering and other incidental
costs relating thereto); and
( 3) Paying the costs of issuing the bonds.
Recommend approval of Resolution No. 98-91 based upon findings
that it is necessary and essential to construct and acquire the
1991 Improvements (enumerated above) in order to preserve and
promote the safety and welfare of the citizens of the City, and
that it is necessary and desirable and in the best financial and
economic interest of the City to defease and refund the Prior
Obligations as hereinabove stated.
~ $-0
"'.;.I
~ ,
4
R-98-91
DELRAY BEACH, FLORIDA.
utilities Tax Revenue Bands
utilities Tax Revenue Bond Resolution
Adopted December 3, 1991
. . -
TABLE OF CONTENTS
~
ARTICLE I
STATUTORY AUTHORITY; FINDINGS and DEFINITIONS
SECTION 1 AUTHORITY OF THIS RESOLUTION "........."...".... .4
SECTION 2 FINDINGS ................."""".."...."."........ .4
SECTION 3 DEFINITIONS ......."......""....""."......"."... .6
SECTION 4 RESOLUTION CONSTITUTES A CONTRACT ........".... .20
ARTICLE II
AUTHORIZATION, TERMS, EXECUTION AND REGISTRATION OF BONDS
SECTION 1 AUTHORIZATION OF BONDS . . . . . . . . . . . . . . " . " . . " . . . . . 21
SECTION 2 DESCRIPTION OF BONDS . . . " . . . . . . " " " " . " " . " . . . " " " " . 22
SECTION 3 REDEMPTION PROVISIONS " " . " " . . . . " . . . . . . . . " " " . " " . ,,24
SECTION 4 EXECUTION OF BONDS . . " . " . . " " . . " " " " " " " . " " . " . " " . . . 2: 5
SECTION 5 NEGOTIABILITY, REGISTRATION AND
CANCELLATION . . . . . . . . " . . " " . " " " . . " . " . . " . " . . . . . . . . 26
SECTION 6 BONDS MUTILATED, DESTROYED, STOLEN
OR LOST ........... . .. ..... " " ." .. ". " " " . . "" . " " . ..29
SECTION 7 PREPARATION OF DEFINITIVE BONDS;
TEMPORARY BONDS .." " . . . . .. . . .. . .. . " . " " . . " . " " " . " .30
SECTION 8 FORMS OF BONDS . ... " . " . . . . . . . .". " .. " . . " . " . . . " . ." 31
SECTION 9 BOOK-ENTRY SYSTEM . . " " " " " " " " " " " " " " " " " " " " " " " " " " " ,,51
ARTICLE III
COVENANTS, FUNDS AND APPLICATION THEREOF
SECTION 1 BONDS NOT TO BE INDEBTEDNESS OF THE
CITY """"""""".""""""""""""""""""""""""""""""",, .53
SECTION 2 BONDS SECURED BY PLEDGE OF UTI LITIES
TAX PROCEEDS """"""""""""""""""""""............ .53
SECTION 3 APPLICATION OF 1991 BOND PROCEEDS . . . . . . . . . . . . . . 54
SECTION 4 COVENANTS OF THE CITY . . . . . . . . . . . . . . . . . . . . . . . . . . 58
ARTICLE IV
MISCELLANEOUS PROVISIONS
SECTION 1 MODIFICATION OR AMENDMENT ...................... .84
-I- Res. No. 98-91
TABLE OF CONTENTS, Continued
Page
SECTION 2 SEVERABILITY OF INVALID PROVISIONS ............ .86
SECTION 3 SALE OF BONDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .86
SECTION 4 BOND ANTICIPATION NOTES ....................... .86
SECTION 5 REPEALER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .87
SECTION 6 CREDIT FACILITY ISSUER: DEFAULT . . . . . . . . . . . . . . . .87
SECTION 7 VALIDATION .................................... .87
-2- Res. No. 98-91
.,.j
RBSOWTION 110. 98-91
A 1tBSOLDTIOH OF 'lID CITY COIIIUSSIΠOF '!BE ern OF DElRAY
BEACH, FLORIDA, AUTHORIZna; 'l'IΠISSUAIICE ... TIME "l'O TIME
OF CITY OF DELRAY BBAæ, FLORIDA UTILITIES TAX R.BVEIIUE
BONDS FOR PURPOSE OF FIHANCING ARD REFIIlANCING :.JlŒCIPAL
PROJECTS AIQ) DIPROVEMBIft'S 1'mCIU.rrl!íD UltIJI!R APPLICABI£ lAW;
AUTHORIZING 'fIlE ISSUARCZ OF 'DIE F.lHST SERIES OF IÐl' BXC"'::IO~
IJIG D DfITIAL AGGREGATE AMOU1IT OF $20,000,000 urIL1'rI!S
-rAX bvÞUZ REPURDIIIG AIID IIIPROVEIIEIft' Ø!;~, øERIBS 1991,
OF 'fIlE CI'l'Y OF DBLRAY 1IImnI, FIœIJ:a, TO ~ IJ.'HB crrY'S
OUTSTANDING UTILITIES TAX REVENUE CERTIFICATES,
SERIES 1967, ITS OUTSTANDING UTILITIES TAX REVEBUE
CERTIFICATES, SBRIES 1978, ITS OOTSTARDING UTILITDS TAX
R.BVEIIUE BOlmS, SBRIES 1987, AND ITS UU'J.'ðJ:AMDu.; ur:rLrr~
TAX ltI!ív I5ftUIS NO'l'ES, tiU......,DIATED SERIES 1989, AIID ro FDIAIICE
ALL OR A POR'I'IOIf OF THE COST OF IANDSCAPIHG, IRRIGAT:IŒ,
PLAHTIHG AIQ) CURBING OF ROADWAYS, THE (X)ST OF REIIOVATDIG,
COHSTRUCTIIfG ARD EQUIPPING OF CITY -OWNED FACILITIES, '1'HE
COST OF ROADWAY ACQUISITIOIf AND COHS'mUCl'Iœ, '1'HE (X)ST OF
ACQUIRIIfG, COHSTRUCTING AND EQUIPPING OF PARK AND
RECREATION FACILI'l'IES, THE COST OF ACQUIRDIG AND/OR RI!X>-
VATING CI'l'Y~ TENNIS P'ACILl.'J.".LE5, AND "DIE (X)S'J.' OF REIIO-
VATING AIID REHABILITATIIfG ALL OR A PORTION OF OID saD)L
SQUARE; PROVIDING FOR THE TERMS FOR ALL UTILITIES TAX
R.BVEIIUE BONDS ISSUED IlEREUNDER, PROVIDING POR 'DIE RIGHTS,
SECURITY AIfD RIMED.IES OF 'DIE ONNERS THEREOF: IIMaIfG ~
COVENAN'l'S AND A~ IN CDftŒC'l'ION 'l"HEREWI'DI: PIOYIDING
FOR CERTAIN OTHER 1lAT'.l'BRS IN OOHNECTION DŒREWr1H AND PR>-
VIDING AN EFFECTIVE ~.
WHEREAS, the City commission (the "Commission") of the
City of Delray Beach, Florida (the "city") did on November 26, 1962,
adopt Resolution No. 1424, entitled: A RESOLUTION AUTHORIZING THE
ISSUANCE OF $1,100,000 UTILITIES TAX REVENUE CERTIFICATES,
SERIES 1962, OF THE CITY OF DELRAY BEACH, PROVIDING FOR THE PAYMENT
AND SALE OF SUCH CERTIFICATES, ENTERING ItITO CERTAIN COVENANTS AND
AGREEMENTS IN THAT CONNECTION AND DECIARING AN EMERGENCY (as amended
and supplemented, the "1962 Resolution"); and
-I- Res. No. 98-91
WBERBAS, pursuant to the 1962 Resolution and resolutions
supplemented thereto, the City has heretofore issued its utilities
Tax Revenue Certificates, Series 1967, in the outstanding principal
amount of $100,000, (the "1967 Bonds"), its utilities Tax Revenue
Certificates, Series 1978, in the outstanding principal amount of
$3,080,000, (the "1978 Bonds"), its utilities Tax Revenue Bonds,
Series 1987, in the outstanding principal amount of $9,345,000, (the
"1987 Bonds" ) and its utilities Tax Revenue Notes, Subordinate
Series 1989, in the outstanding principal amount of $1,019,844, (the
"1989 Notes"); and
WHEREAS , the 1967 Bonds, the 1978 Bonds, the 1987 Bonds
and the 1989 Notes are herein collectively referred to as the "Prior
Obligations"; and
WHEREAS , the Commission hereby determines that it is nec-
essary and desirable and in the best financial and economic interest
of the City to defease and refund the Prior Obligations; and
WHEREAS , the Commission hereby finds it to be necessary
and in the best interest of the City to provide landscaping, irriga-
tion, planting and curbing of certain roadways, to provide for the
renovation, construction and equipping of City-owned facilities, to
provide for roadway acquisition and construction, to provide for the
acquisition, construction and equipping of park and recreational
-2- Res. No. 98-91
facilities, to provide for the acquisition and/or renovation of
City-owned tennis facilities and the renovation and rehabilitation of
all or a portion of Old School Square, and all engineering and ather
incidental costs relating thereto (herein the -1991 Improvements") :
and
1IREREAS , the Commission hereby determines to issue its
Utilities Tax Revenue Refunding and Improvement Bonds, Series 1991,
in the aggregate principal amount of not exceeding $20,000,000 (the
"1991 Bonds") pursuant to the Act (as herein defined) and the terms
and provisions of this Resolution and subsequent proceedings of the
Commission for the purpose of (i) defeasing and refunding the Prior
Obligations; (ii) to finance all or a portion of the costs of the
1991 Improvements, and (iii) to pay the costs of issuing the Bonds:
and
WHEREAS , the Commission hereby finds it to be in best eco-
nomic interest of the City to issue, from time to time, additional
Series of Bonds under this Resolution for the purpose of financing
and refinancing other municipal capital projects or improvements as
shall be determined necessary by subsequent proceedings of the
Commission;
NOW, THEREFORE , BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FIDRIDA, AS POUDIIS:
-3- Res. No. 98-91
ARTICLE I
STATUTORY AD"1'IIOIUTY: FINDINGS AKD DEFINrTIONS
SECTION 1. AD'l'BORITY OF '1'IIIS RESOUJTIœI. This Resolution is
adopted pursuant to the provisions of the Charter of the city of
Delray Beach, Florida (the "City"), as amended and supplemented, the
Florida Constitution, Chapter 166, Florida Statutes, as amended and
supplemented, and other applicable provisions of law (collectively,
the "Act").
SECTION 2. FINDINGS. It is hereby ascertained, determined
and declared:
A. That the recitals hereinbefore mentioned are hereby
adopted.
B. That all terms not otherwise defined in the recitals
or in this Section 2 shall have the meaning ascribed to such terms in
Section 3 of this Article I.
C. That the City adopts this Resolution for the purpose
of providing the authorization for the City to issue Bonds, from time
to time, for the purpose of financing and refinancing capital
projects and improvements permitted under the Act and to pledge the
Utilities Tax proceeds for the payment thereof in the manner provided
herein.
D. That the City hereby authorizes the defeasance and
refunding of the Prior Obligations.
-4- Res. No. 98-91
""·1
E. That for the defeasance and refunding of the Prior
Obligations, the City shall deposit a portion of the proceeds derived
from the sale of the 1991 Bonds in an escrow deposit trust fund,
which together with other available funds, if any, and the income and
earnings derived from the investment thereof shall be sufficient to
pay and refund the Prior Obligations as the same become due and pay-
able or are redeemed prior to maturity in accordance with the pro-
ceedings which authorized their issuance, all as provided in the
Escrow Deposit Agreement.
F. That it is necessary and essential to construct and
acquire the 1991 Improvements in order to preserve and promote the
safety and welfare of the citizens of the city.
G. That the cost of the 1991 Improvements, financed with
a portion of the proceeds of the 1991 Bonds and the cost of defeasing
and refunding the Prior Obligations, financed with a portion of the
proceeds of the 1991 Bonds, shall be deemed to include the cost of
construction and improvements of such 1991 Improvements, the cost of
real estate, including easements and other interests therein relating
to such 1991 Improvements, or any other property real or personal,
necessary therefor; administrative expenses; reserve or other funds
created and established pursuant to this Resolution; discount on the
sale of the Bonds, if any: engineering and legal expenses: expenses
for fiscal agents or financial services: expenses for estimates of
costs and of Utilities Tax proceeds; expenses for plans,
specifications and surveys relating to such 1991 Improvements: and
-5- Res. No. 98-91
such other expenses as may be necessary or incidental to the
1991 Improvements and the cost of defeasing and refunding the Prior
Obligations, and the issuance of the 1991 Bonds herein authorized.
H. That the principal of and interest on all Bonds issued
under this Resolution and all of the reserve and other payments pro-
vided for in this Resolution will be paid solely from utilities Tax
proceeds deposited in the Sinking Fund and the ad valorem taxing
power of the City will never be necessary or authorized to pay the
principal of and interest on the Bonds, or to make any of the reserve
or other payments provided for in this Resolution, and the Bonds
issued pursuant to this Resolution shall not constitute a lien upon
any other property whatsoever of or in the City.
SECTION 3. DEFINITIONS. That, as used in this Resolution
and in addition to the terms herein defined above, the following
terms shall have the following meanings unless the text otherwise
expressly requires.
A. "ACCRETED VALUE" shall mean, as of any date of compu-
tation with respect to any Capital Appreciation Bond, the amount set
forth as of such date in the supplemental resolution authorizing such
Capital Appreciation Bond plus, with respect to matters related to
the payment upon redemption or other payment of such Capital
Appreciation Bond, if such date of computation shall not be an
Interest Payment Date, a portion of the difference between the
Accreted Value as of the immediately preceding Interest Payment Date
(or the date of original issuance if the date of computation is prior
-6- Res. No. 98-91
to the first Interest Payment Date succeeding the date of original
issuance) and the Accreted Value as of the immediately succeeding
Interest Payment Date, calculated based on the assumption that
Accreted Value accrues during any semiannual period in equal daily
amounts on the basis of a year of twelve 30-day months.
B. "APPRECIATED VALUE" shall mean, (i) as of any date
of computation with respect to any capital Appreciation and Income
Bonds up to the Interest Commencement Date set forth in subsequent
proceedings of the Commission providing for the issuance of such
Bonds, the amount set forth as of such date in the supplemental reso-
lution authorizing such Capital Appreciation and Income Bonds plus,
if such date of computation shall not be an Interest Payment Date, a
portion of the difference between the Appreciated Value as of the
immediately preceding Interest Payment Date (or the date of original
issuance if the date of computation is prior to the first Interest
Payment Date succeeding the date of original issuance) and the
Appreciated Value as of the immediately succeeding Interest Payment
Date calculated based upon an assumption that Appreciated Value
accrues during any semiannual period in equal daily amounts on the
basis of a year of twelve 30-day months and (ii) as of any date of
computation on and after the Interest Commencement Date, the
Appreciated Value on the Interest Commencement Date.
C. "BENEFICIAL OWNER" shall mean, during any period the
Bonds are registered under the Book-Entry System, any purchaser of a
Bond and others who acquire a beneficial ownership interest in a Bond
-7- Res. No. 98-91
·
held by the Securities Depository. In determining the Beneficial
OWner of any Bond, the City, the Paying Agent, the Registrar and the
Credit Facility Issuer, if any, may rely exclusively upon written
representations made, and information given to the City, the Paying
Agent, the Registrar or the Credit Facility Issuer, if any, by the
Securities Depository or its Participants with respect to any Bond
held by the Securities Depository in which a beneficial ownership
interest is claimed. With respect to Replacement Bonds, the city,
the Paying Agent, the Registrar and the Credit Facility Issuer, if
any, shall consider the owner of any such Replacement Bond as regis-
tered on the registration books of the city maintained by the
Registrar to be the Beneficial Owner thereof.
D. "BOND COUNSEL" shall mean a firm or firms of nation-
ally recognized attorneys-at-law selected by the city and experienced
in the financing of capital projects for governmental units through
the issuance of tax-exempt revenue bonds.
E. "BOND INSURANCE POLICY" shall mean an insurance
policy issued for the benefit of the Holders of any Bonds, pursuant
to which the Bond Insurer shall be obligated to pay when due the
principal of and interest on such Bonds to the extent of any defi-
ciency in the amounts in the funds and accounts created under this
Resolution, in the manner and in accordance with the terms provided
in such Bond Insurance Policy.
F. "BOND INSURER" shall mean the issuer of a Bond
Insurance Policy and its successors.
-8- Res. No. 98-91
G. "BONDHOLDER" OR "HOLDER OF BONDS" or any similar
term, shall mean any person who shall be the registered owner of any
Bond or Bonds outstanding under the terms of this Resolution.
H. "BONDS" shall mean any bonds, notes or other evi-
dences of indebtedness (other than subordinated debt issued under the
terms and provisions of this Resolution unless the context clearly
requires otherwise), as the case may be, issued, authenticated and
delivered under and pursuant to this Resolution, together with any
pari Dassu additional bonds hereafter issued in the manner hereinaf-
ter provided.
I. "BOOK-ENTRY SYSTEM" shall mean the system under
which the City may issue its Bonds and maintain the registration for
such Bonds in book-entry form only.
J. "BUSINESS DAY" shall mean any day other than a
Saturday, Sunday, legal holiday or a day on which banking institu-
tions in the State of Florida are authorized by law to close.
K. "CAPITAL APPRECIATION BONDS" shall mean those Bonds
issued under this Resolution as to which interest is compounded peri-
odically on each of the applicable periodic dates designated for com-
pounding and payable in an amount equal to the then current Accreted
Value only at the maturity, earlier redemption or other payment date
therefor, all as so designated by subsequent proceedings of the
Commission relating to the issuance thereof, and which may be either
Serial Bonds or Term Bonds.
-9- Res. No. 98-91
L. "CAPITAL APPRECIATION AND INCOME BONDS" shall mean
any Bonds issued under this Resolution as to which accruing interest
is not paid prior to the Interest Commencement Date specified in the
resolution authorizing such Bonds and the Appreciated Value for such
Bonds is compounded periodically on certain designated dates prior to
the Interest Commencement Date for such Capital Appreciation and
Income Bonds, all as so designated by subsequent proceedings of the
Commission relating to the issuance thereof, and which may be either
Serial Bonds or Term Bonds.
M. "COMMISSION" shall mean the City commission of the
City of Delray Beach, Florida, the governing body of the City, and
any successor body thereto.
N. "CODE" shall mean the Internal Revenue Code of 1986,
as amended, and all subsequent tax legislation duly enacted by the
Congress of the United states to the extent applicable to any series
of Bonds issued pursuant to this Resolution. Each reference to a
section of the Code herein shall be deemed to include, if applicable,
final, temporary or proposed regulations, revenue rulings and proce-
dures issued or amended with respect thereto, and any final, tempo-
rary or proposed regulations and revenue rulings and procedures, as
promulgated under the Internal Revenue Code of 1954, as amended, by
the Treasury Department or Internal Revenue Service of the United
states.
O. "CREDIT FACILITY" OF "CREDIT FACILITIES" shall mean
either individually or collectively, as appropriate, any Bond
-10- Res. No. 98-91
"'·1
Insurance Policy, surety bond, letter of credit, line of credit,
guaranty, or such other instrument or instruments that would enhance
the credit of the Bonds. The term Credit Facility shall not mean a
Reserve Account Credit Facility Substitute.
P. "CREDIT FACILITY ISSUER" shall mean the provider of
a Credit Facility.
Q. "DEBT SERVICE RESERVE REQUIREMENT" shall mean, with
respect to the 1991 Bonds, an amount equal to ( i) the maximum amount
of principal of and interest on such 1991 Bonds becoming due in any
succeeding Fiscal Year or (il) one hundred twenty-five percent (125%)
of the average annual amount of principal of and interest on such
1991 Bonds becoming due in any succeeding Fiscal Year or (iii) ten
percent (10%) of the net proceeds (as such term is defined under the
Code for such purpose) of such 1991 Bonds, whichever is the lesser.
Allor a portion of such Debt Service Reserve Requirement may be sat-
isfied by obtaining a Reserve Account Credit Facility with the requi-
site coverage. The Debt Service Reserve Requirement, if any, for any
other Series of Bonds shall be determined by subsequent proceedings
of the Commission.
R. "DEFEASANCE OBLIGATIONS" shall mean to the extent
permitted by law and (other than with respect to the obligations
described in clause (a) below) acceptable to the Credit Facility
Issuer if the principal of and interest on the defeased Bonds is
secured by a Credit Facility and such credit Facility Issuer is not
in default under such Credit Facility or, if not so secured by a
-11- Res. No. 98-91
," ;.
Credit Facility, acceptable to the Rating Agency or Agencies then
rating the defeased Bonds:
(a) U. s. Obligations which are not redeemable
prior to maturity except by the holder thereof;
(b) any bonds or other obligations of any state
of the United states of America or of any agency,
instrumentality or local governmental unit of any such
state (i) which are not callable prior to maturity or
as to which irrevocable instructions have been given
to the trustee of such bonds or other obligations by
the obligor to give due notice of redemption and to
call such bonds for redemption on the date or dates
specified in such instructions, ( i i) which are secured
as to principal and interest and redemption premium,
if any, by a fund consisting only of cash or bonds or
other obligations of the character described in clause
(a) hereof which fund may be applied only to the pay-
ment of such principal of and interest and redemption
premium, if any, on such bonds or other obligations on
the maturity date or dates thereof or the redemption
date or dates specified in the irrevocable instruc-
tions referred to in subclause (i) of this clause (b) ,
as appropriate, and (iii) as to which the principal of
and interest on the bonds and obligations of the
character described in clause (a) hereof which have
-12- Res. No. 98-91
"'·1
been deposited in such fund along with any cash on
deposit in such fund are sufficient to pay principal
of and interest and redemption premium, if any, on the
bonds or other obligations described in this clause
(b) on the maturity date or dates thereof or on the
redemption date or dates specified in the irrevocable
instructions referred to in subclause ( i) of this
clause (b) , as appropriate; and
(c) Evidences of ownership of proportionate
interests in future interest and/or principal payments
on obligations described in (a) held by a bank or
trust company as custodian.
s. "ESCROW DEPOSIT AGREEMENT" shall mean the agreement
by and between the City and any bank with trust powers or a trust
company or a national banking association as escrow trustee, to be
hereafter designated by subsequent proceedings of the Commission for
the purpose of defeasing and refunding the Prior Obligations.
T. "FISCAL YEAR" shall mean that period commencing on
October 1 and continuing to and including the next succeeding
September 30, or such other annual period as may be prescribed by law
as the fiscal year of the city.
u. "INTEREST COMMENCEMENT DATE" shall mean, with
respect to any particular Capital Appreciation and Income Bond, the
date specified in the resolution providing for the issuance of such
Bonds (which date must be prior to the maturity date for such Bonds)
-13- Res. No. 98-91
after which interest accruing on such Bonds shall be payable
semiannually (or at such times as the commission shall determine by
subsequent proceedings), with the first such payment date being the
applicable Interest Payment Date immediately succeeding such Interest
Commencement Date.
v. "INTEREST PAYMENT DATE" shall mean such dates of
each Fiscal Year on which interest is payable on Bonds (other than
Capital Appreciation Bonds and Capital Appreciation and Income Bonds
prior to the applicable Interest Commencement Date) that are then
outstanding.
w. "LIQUIDITY FACILITY" means any surety bond, letter
of credit, line of credit, guaranty, or such other instrument that
would provide liquidity to purchase Bonds that have been tendered,
whether on an optional or mandatory basis, for purchase and not
remarketed, and the provider of such Liquidity Facility enjoys the
highest short-term rating at the time such Liquidity Facility is
delivered to the City by any Rating Agency then rating the Bonds.
x. "MAXIMUM ANNUAL DEBT SERVICE REQUIREMENT" shall
mean, at any time, the maximum amount required to be deposited in the
then current or any succeeding Fiscal Year into the Interest Account,
Principal Account and Bond Redemption Account, as provided in this
Resolution; provided, however, that such amount shall be reduced by
any estimated earnings or investment income from investments in any
of the funds or accounts created and established under of this
Resolution, which are required to be deposited in the Interest
-14- Res. No. 98-91
";;,1
Account by the terms of this Resolution. The amount of Term Bonds
maturing in any Fiscal Year which were subject to mandatory redemp-
tion, in part, prior to their stated date of maturity by operation of
the Bond Redemption Account shall not be included in determining the
Maximum Annual Debt Service Requirement in their final Fiscal Year of
maturity.
Y. "MAXIMUM INTEREST RATE" shall mean, with respect to
any particular Series of Variable Rate Bonds issued pursuant to the
terms and provisions of this Resolution, the maximum rate of interest
such Bonds may bear at any particular time, which rate shall not
exceed the rate of interest allowed under State law and shall be
determined for each Series of Variable Rate Bonds by subsequent pro-
ceedings of the Commission.
z. "MOODY'S" shall mean Moody's Investors Service, Inc. ,
a corporation organized and existing under the laws of the state of
Delaware, its successors and their assigns, and, if such corporation
shall be dissolved or liquidated or shall no longer perform the func-
tions of a securities rating agency, "Moody's" shall be deemed to
refer to any other nationally recognized securities rating agency
designated by the city.
AA. "1991 BONDS" shall mean the City of Delray Beach,
Florida, Utilities Tax Revenue Refunding and Improvement Bonds,
Series 1991, authorized to be issued pursuant to this Resolution in
the aggregate initial principal amount of not exceeding $20,000,000
issued to pay the cost of paying and defeasing the Prior Obligations,
-15- Res. No. 98-91
",./
to finance all or a portion of the cost of the 1991 Improvements, to
make certain deposits under the terms of this Resolution and to pay
the costs of issuing the 1991 Bonds.
BB. nOUTSTANDING" shall mean, when used with reference
to the Bonds authorized under this Resolution, as of any particular
date, all Bonds theretofore, or thereupon being, authenticated and
delivered by the Registrar under this Resolution, except ( i) Bonds
theretofore or thereupon cancelled by the Registrar or surrendered to
the Registrar for cancellation; (ii) Bonds with respect to which all
liability of the City shall have been discharged in accordance with
the terms and provisions of this Resolution; (iii) Bonds in lieu of
or in substitution for which other Bonds shall have been authenti-
cated and delivered by the Registrar pursuant to any provision of
this Resolution; (iv) Bonds cancelled after purchase in the open
market or because of payment at redemption prior to maturity; and
(v) Bonds held or purchased by the city.
CC. "PARTICIPANTS" shall mean brokers, dealers, banks
and other financial institutions and other persons for whom, from
time to time, the Securities Depository effects book-entry transfers
and pledges of securities deposited with the Securities Depository.
DD. "PAYING AGENT" shall mean a bank or trust company
and any successor bank or trust company appointed by the city to act
as Paying Agent for each Series of Bonds issued under the terms and
provisions of this Resolution.
-16- Res. No. 98-91
EE. "PERMITTED INVESTMENTS" shall mean ( i) to t.he
extent permitted by law u.s. Obligations and (i i) all other
investments permitted under the laws of Florida and acceptable to the
Credit Facility Issuer, if any.
FF. "RATING AGENCY" OR "AGENCIES" shall mean Moody's
and/or SliP, and/or such other nationally recognized securities rating
agency, whichever shall have a rating then in effect with respect to
the Bonds.
GG. "RECORD DATE" shall have the meaning set forth in
Article II, section 2 of this Resolution.
HH. "REGISTRAR" shall mean a bank or trust company and
any successor bank or trust company appointed by the City to act as
Registrar for all or any Series of Bonds issued under the terms and
provisions of this Resolution.
II. "REPLACEMENT BONDS" shall mean certificated Bonds,
authenticated and delivered pursuant to the terms and provisions of
this Resolution, when the City or the Securities Depository discon-
tinues the Book-Entry system.
JJ. "RESERVE ACCOUNT CREDIT FACILITY SUBSTITUTE" shall
mean any one of the facilities described in Article III,
section 4.0.3 of this Resolution.
KK. "RESOLUTION" shall mean this Utilities Tax Revenue
Bond Resolution, as from time to time may be amended and supplemented
in accordance with the terms hereof.
-17- Res. No. 98-91
·
LL. "S&P" shall mean Standard & Poor's corporation, a
corporation organized and existing under the laws of the state of New
York, its successors and their assigns, and, if such corporation
shall be dissolved or liquidated or shall no longer perform the func-
tions of a securities rating agency, "S&P" shall be deemed to refer
to any other nationally recognized securities rating agency desig-
nated by the city.
MM. "SECURITIES DEPOSITORY" shall mean, with respect to
any Series of Bonds to be issued in book entry form, The Depository
Trust Company and its successors and assigns, or a successor clearing
agency designated pursuant to the terms and provisions of this
Resolution and its successors and assigns.
NN. "SERIAL BONDS" shall mean the Bonds of a Series
other than Term Bonds which shall be stated to mature annually.
00. "SERIES" shall mean all of the Bonds authenticated,
issued and delivered at one time under and pursuant to the terms of
this Resolution or any supplemental resolution authorizing such Bonds
as a separate Series of Bonds, or any Bonds thereafter authenticated
and delivered in lieu of or in substitution for such Bonds pursuant
to the terms and provisions of this Resolution, regardless of varia-
tions in maturity, interest rate or other provisions.
PP. "TAX CERTIFICATErr shall mean the applicable Tax
certificate as to Arbitrage and Instructions as to compliance with
provisions of Section 103(a) of the Internal Revenue Code of 1986, as
amended, executed by the City on the date of initial issuance and
-18- Res. No. 98-91
delivery of any Series of Bonds, as such Tax certificate may be
amended from time to time, and which serves as a source of guidance
for achieving compliance with the Code.
QQ. "TERM BONDS" shall mean the Bonds of an issue which
shall be stated to mature on one date and for the amortization of
which mandatory payments are required to be made into the Bond
Redemption Account in the Sinking Fund.
RR. "u. S. OBLIGATIONS" shall mean the direct obliga-
tions of, or obligations on which the timely payment of principal and
interest are unconditionally guaranteed by the United states of
America, and, if determined by subsequent proceedings of the
Commission, certificates which evidence ownership of the right to the
payment of the principal of, or interest on, such obligations.
55. "UTILITIES TAX" shall mean the tax imposed by said
City on each and every purchase in the City of electricity, metered
and bottled gas (natural liquified petroleum gas or manufactured),
and telecommunication services. Said term shall also apply to all
taxes imposed by the City on the purchase of utility services other
than water, whether levied in the amounts prescribed by the Utilities
Tax Ordinance or in any other amounts and whether imposed on the pur-
chase of the same utilities services or any other or additional util-
ities services, by amendment to the utilities Tax Ordinance.
TT. UTILITIES TAX ORDINANCE shall mean all proceedings
imposing the utilities Tax, including Ordinance No. 535 of the city
adopted on July 9, 1945, as amended, and every supplementary
-19- Res. No. 98-91
ordinance or other ordinance in lieu thereof as may hereafter be
adopted.
uu. "VARIABLE RATE BONDS" shall mean Bonds issued with
a variable, adjustable, convertible or other similar rate which is
not fixed in percentage for the entire term thereof at the date of
issue.
Words of the masculine gender shall be deemed and construed
to include correlative words of the feminine and neuter genders.
Words importing the singular number shall include the plural number
and vice versa unless the context shall otherwise indicate. The word
"person" shall include corporations, associations, natural persons
and public bodies unless the context shall otherwise indicate.
SECTION 4. RESOLUTION aJNSTITUTES A a:»I'l'RACl'. In considera-
tion of the acceptance of the Bonds authorized to be issued hereunder
by those who shall hold the same from time to time, this Resolution
shall be deemed to be and shall constitute a contract between the
City and such Bondholders, and the covenants and agreements herein
set forth to be performed by the City shall be for the equal benefit,
protection and security of the Holders of any and all of such Bonds,
all of which shall be of equal rank and without preference, priority,
or distinction of any of the Bonds over any other thereof except as
expressly provided therein and herein.
-20- Res. No. 98-91
ARTICLE II
AUTHORIZATION, ftRMS , EXECUTION AND
REGISTRATION OF øœœ
SECTION 1. AD'l'BORIZATION OF ػIDS. Subject and pursuant to
the provisions of this Resolution, obligations of the City are hereby
authorized to be issued from time to time for the purpose of financ-
ing or refinancing capital projects and improvements as permitted
under the Act and authorized by subsequent proceedings of the
Commission. The Bonds authorized by this Resolution may be issued
all at one time or in part, from time to time, as the commission may
in its discretion hereafter determine by subsequent resolution and,
subject to the requirements set forth in section 4.G of Article III
of the this Resolution shall not be limited in amount, except as
herein provided or as may be limited by applicable law. Each Series
of Bonds shall be designated as, and shall be distinguishable from
the Bonds of all other Series by such means as the City deems
appropriate.
Subject and pursuant to the provisions of this Resolution,
the City hereby authorizes the first Series of Bonds to be known as
"City of Delray Beach, Florida, utilities Tax Revenue Refunding and
Improvement Bonds, Series 1991," in the initial aggregate principal
amount of not exceeding TWENTY MILLION DOLLARS ($20,000,000) (the
" 199 1 Bonds rr ) for the purpose of (i) defeasing and refunding the
Prior Obligations, (ii) financing all or a portion of the costs of
the 1991 Improvements, (iii) funding a Debt Service Reserve Account
-21- Res. No. 98-91
or providing the moneys to pay the premium on a Reserve Account
Credit Facility Substitute, as shall be determined by subsequent pro-
ceedings of the Commission, and (iv) paying the cost of issuing the
1991 Bonds including the cost of a Credit Facility, if any.
SECTION 2. DESCRIPrION OF BONDS. The 1991 Bonds (and any
other Series of Bonds unless determined otherwise by subsequent pro-
ceedings of the Commission) shall be issued in registered form, shall
be in the denomination of $5,000 each, or any integral multiple
thereof; provided, however, ( i ) if such Bonds are Capital
Appreciation Bonds then in $5,000 maturity amounts or in $5,000
multiples thereof and (ii) if such Bonds are Capital Appreciation and
Income Bonds, such Bonds may be issued in any denomination, as long
as their Appreciated Value at maturity shall be $5,000 or in any
integral multiple of $500; and such Bonds shall mature on such dates
in such years and in such amounts, all as provided by subsequent pro-
ceedings of the Commission. Principal shall be payable at the desig-
nated corporate trust office of the applicable Paying Agent. The
Bonds shall be numbered in such manner as may be prescribed by the
Registrar. The Bonds shall bear interest at not exceeding the maxi-
mum rate or rates permitted by law, payable by check or draft made
payable to the Holder of Bonds and mailed to the address of such
Holder of Bonds, as such name and address shall appear on the regis-
tration books of the City maintained by the Registrar at the close of
business on the fifteenth day of the calendar month preceding each
Interest Payment Date or the fifteenth day prior to the date notice
-22- Res. No. 98-91
of redemption is given, whether or not such 15th day is a Saturday,
Sunday or holiday (herein the "Record Daten); provided, however, that
payment of interest on the Bonds may, at the option of any Holder of
Bonds in an aggregate principal amount of at least $1,000,000 be
transmitted by wire transfer to the Holder to the bank account number
on file with the applicable Paying Agent as of the Record Date. The
Bonds authenticated prior to the first Interest Payment Date shall be
dated and bear interest from the date determined by subsequent pro-
ceedings of the Commission. The 1991 Bonds (and any other Series of
Bonds unless determined otherwise by subsequent proceedings of the
Commission) authenticated subsequent to the first Interest Payment
Date shall bear interest from the next preceding Interest Payment
Date on which such interest has been paid, unless such Bond is regis-
tered on an Interest Payment Date or during the period between a
Record Date to the next succeeding Interest Payment Date, then from
such Interest Payment Date if interest is then paid, as the case may
be; provided, however, that if and to the extent there is a default
in the payment of the interest due on such Interest Payment Date,
such defaulted interest shall be paid to the persons in whose name
Bonds are registered on the registration books of the city maintained
by the Registrar at the close of business on the fifteenth day prior
to a subsequent Interest Payment Date established by notice mailed by
the Registrar to the registered owner not less than the tenth day
preceding such subsequent Interest Payment Date, such interest shall
be payable semiannually on June 1 and December 1 of each year (unless
-23- Res. No. 98-91
",,
the Commission shall by subsequent proceedings establish different
Interest Payment Dates for any Series of Bonds), except that
(i) interest on any capital Appreciation Bonds shall be paid only at
maturity or upon redemption prior to maturity in the amount deter-
mined by reference to the Accreted Value, and (ii) interest on a
Capital Appreciation and Income Bond shall be payable semiannually on
June 1 and December 1 of each year (unless the Commission shall by
subsequent proceedings establish different Interest Payment Dates for
any Series of Bonds), but only after the Interest Connnencement Date.
The Bonds shall be payable, with respect to interest, prin-
cipal and premium, if any, in any coin or currency of the United
States of America which at the time of payment is legal tender for
the payment of public and private debts;
The Bonds issued hereunder may be Serial Bonds or Term
Bonds and such Bonds may be Variable Rate Bonds, and such Bonds
issued hereunder may be capital Appreciation Bonds and capital
Appreciation and Income Bonds as determined by subsequent proceedings
of the Commission.
The payment of principal of and interest on the Bonds may,
in addition to the utilities Tax proceeds deposited in the Sinking
Fund, as herein provided, be secured by a Bond Insurance Policy or
other Credit Facility, all as shall be determined by subsequent pro-
ceedings of the Commission.
SECTION 3. REDEIIPl'IOH PROVISIORS. The Bonds may be subj ect
to redemption prior to maturity at such times, at such redemption
-24- Res. No. 98-91
'1,1
prices and upon such terms as shall be determined by subsequent
proceedings of the Commission.
SECTION 4. BDCO'l'ION OF BONœ. '!he Bonds shall be executed
in the name of the City by the signature of the Mayor, or such other
member of the Commission designated by subsequent proceedings of the
Commission, and its official seal shall be affixed thereto or
imprinted or reproduced thereon and attested by the City Clerk. 'n1e
signatures of said Mayor, or such other member of the commission des-
ignated by subsequent proceedings of the Commission, and the City
Clerk on the Bonds may be manual or facsimile signatures. In case
anyone or more of the officers who shall have signed or sealed any
of the Bonds shall cease to be such officer of the City before the
Bonds so signed and sealed shall have been actually sold and deliv-
ered, such Bonds may nevertheless be sold and delivered as herein
provided and may be issued as if the person who signed or sealed such
Bonds had not ceased to hold such office. Any Bond may be signed and
sealed on behalf of the City by such person who at the actual time of
the execution of such Bond shall hold the proper office, although at
the date such Bonds shall be actually delivered such person may not
have held such office or may not have been so authorized.
The Bonds shall bear thereon a certificate of authentica-
tion, in the form set forth in this Resolution, executed manually by
the Registrar. Only such Bonds as shall bear thereon such certifi-
cate of authentication shall be entitled to any right or benefit
under this Resolution, and no Bond shall be valid or obligatory for
-25- Res. No. 98-91
"·1
any purpose until such certificate of authentication shall have been
duly executed by the Registrar. Such certificate of the Registrar
upon any Bond executed on behalf of the city shall be conclusive evi-
dence that the Bond so authenticated has been duly authenticated and
delivered under this Resolution and that the Holder thereof is enti-
tled to the benefits of this Resolution.
If any Series of Bonds are validated as directed by the
Commission, the validation certificate on the Bonds shall be signed
with the manual or facsimile signatures of the present or any future
Mayor and City Clerk, as aforesaid, and the City may adopt and use
for that purpose the facsimile signature of any person who shall have
been such Mayor and City Clerk at any time on or after the date of
the Bonds, notwithstanding that she or he may have ceased to be such
Mayor or City Clerk at the time when said Bonds shall be actually
delivered.
SECTION 5. lIEGOTIABILI'l'Y, REGISTRATION AND CANCELlATION. At
the option of the registered Holder thereof and upon surrender
thereof at the designated corporate trust office of the Registrar
with a written instrument of transfer satisfactory to the Registrar
duly executed by the registered Holder or his duly authorized attor-
ney and upon payment by such Holder of any charges which the
Registrar may make as provided in this Section, the Bonds may be
exchanged for Bonds of the same Series, interest rate and maturity of
any other authorized denominations.
-26- Res. No. 98-91
"'1
The Registrar shall keep books for the registration of
Bonds and for the registration of transfers of Bonds. The Bonds
shall be transferable by the Holder thereof in person or by his
attorney duly authorized in writing only upon the registration books
of the City kept by the Registrar and only upon surrender thereof
together with a written instrument of transfer satisfactory to the
Registrar duly executed by the Holder or his duly authorized
attorney. Upon the transfer of any such Bond, the City shall issue
in the name of the transferee a new Bond or Bonds.
The City, the Paying Agent and the Registrar shall deem and
treat the person in whose name any Bond shall be registered upon the
books kept by the Registrar as the absolute Holder of such Bond,
whether such Bond shall be overdue or not, for the purpose of receiv-
ing payment of, or on account of, the principal of and interest on
such Bond as the same become due and for all other purposes. All
such payments so made to any such Holder or upon his order shall be
valid and effectual to satisfy and discharge the liability upon such
Bond to the extent of the sum or sums so paid, and neither the city,
the Paying Agent nor the Registrar shall be affected by any notice to
the contrary.
In all cases in which the privilege of exchanging Bonds or
transferring Bonds is exercised, the City shall execute and the
Registrar shall authenticate and deliver Bonds in accordance with the
provisions of this Resolution. All Bonds surrendered in any such
exchanges or transfers shall forthwith be delivered to the Registrar
-27- Res. No. 98-91
'1,/
and cancelled by the Registrar in the manner provided in this
section. There shall be no charge for any such exchange or transfer
of Bonds, but the City or the Registrar may require the payment of a
sum sufficient to pay any tax, fee or other governmental charge
required to be paid with respect to such exchange or transfer.
Neither the City nor the Registrar shall be required (a) to transfer
or exchange Bonds for a period from a Record Date to the next suc-
ceeding Interest Payment Date on such Bonds or 15 days next preceding
any selection of Bonds to be redeemed or thereafter until after the
mailing of any notice of redemption; or (b) to transfer or exchange
any Bonds called for redemption. However, if less than all of a Term
Bond is redeemed or defeased, the City shall execute and the
Registrar shall authenticate and deliver, upon the surrender of such
Term Bond, without charge to the Bondholder, for the unpaid balance
of the principal amount of such Term Bond so surrendered, a regis-
tered Term Bond in the appropriate denomination and interest rate.
All Bonds paid or redeemed, either at or before maturity
shall be delivered to the Registrar when such payment or redemption
is made, and such Bonds, together with all Bonds purchased by the
City, shall thereupon be promptly cancelled. Bonds so cancelled may
at any time be destroyed by the Registrar, who shall execute a cer-
tificate of destruction in duplicate by the signature of one of its
authorized officers describing the Bonds so destroyed, and one exe-
cuted certificate shall be filed with the City and the other executed
certificate shall be retained by the Registrar.
-28- Res. No. 98-91
The City may, by subsequent proceedings, provide for the
registration of the Bonds of any Series by adopting the Book-Entry
System for such Series. Bonds held by the Securities Depository
while the Bonds are registered under the Book-Entry System shall be
registered in the name of the Securities Depository or its nominee
and beneficial ownership of such Bonds shall be transferred in accor-
dance with the procedures of the Securities Depository and its
Participants.
SEC1'ION 6. BOJIDS MUTILATED, DESTROYED, S'IOLEN OR IDST. In
case any Bond shall become mutilated, destroyed, stolen or lost, the
City may execute and the Registrar shall authenticate and deliver a
new Bond of like date, maturity, denomination and interest rate as
the Bond so mutilated, destroyed, stolen or lost~ provided that, in
the case of any mutilated Bond, such mutilated Bond shall first be
surrendered to the City and, in the case of any lost, stolen or
destroyed Bond, there shall first be furnished to the City and the
Registrar evidence of such loss, theft, or destruction satisfactory
to the city and the Registrar, together with indemnity satisfactory
to them. In the event any such Bond shall be about to mature or have
matured or have been called for redemption, instead of issuing a
duplicate Bond, the City may pay the same without surrender thereof.
The city and the Registrar may charge the Holder of such Bond their
reasonable fees and expenses in connection with this transaction.
Any Bond surrendered for replacement shall be cancelled in the same
manner as provided in Article II, Section 5 of this Resolution.
-29- Res. No. 98-91
^'^
·
Any such duplicate Bonds issued pursuant to this section
shall constitute additional contractual obligations on the part of
the City, whether or not the lost, stolen or destroyed Bonds be at
any time found by anyone, and such duplicate Bonds shall be entitled
to equal and proportionate benefits and rights as to lien on and
source and security for payment with all other Bonds issued
hereunder.
SBCTION 7. PREPARATION OF DEFINITIVE BONDS; -'crõlU'VRARY
BONDS. The definitive Bonds shall be lithographed or printed on steel
engraved borders unless the City is utilizing the Book-Entry System,
in which case, such definitive Bonds may be typewritten. Until the
definitive Bonds are prepared, the Mayor and the City Clerk may exe-
cute and the Registrar may authenticate, in the same manner as is
provided in Article II, Section 4 of this Resolution, and deliver, in
lieu of definitive Bonds, but subject to the same provisions, limita-
tions and conditions as the definitive Bonds, one or more printed,
lithographed or typewritten temporary fully registered Bonds, sub-
stantially of the tenor of the definitive Bonds in lieu of which such
temporary Bond or Bonds are issued, in authorized denominations or
any integral multiple thereof, and with such omissions, insertions
and variations as may be appropriate to such temporary Bonds. The
City, at its own expense, shall prepare and execute and, upon the
surrender at the designated corporate trust office of the Registrar
of such temporary Bonds for which no payment or only partial payment
has been provided, for exchange and the cancellation of such
-30- Res. No. 98-91
"I ,~
surrender temporary Bonds, the Registrar shall authenticate and,
without charge to the Holder thereof, deliver in exchange therefor,
at the designated corporate trust office of the Registrar, definitive
Bonds of the same aggregate principal amount, interest rate and matu-
rity as the temporary Bonds surrendered. Until so exchanged, the
temporary Bonds shall in all respects be entitled to the same bene-
fits and security as definitive Bonds issued pursuant to the provi-
sions of this Resolution.
SECTION 8. FORMS OF BONDS. The text of the Bonds shall be
of substantially the following tenor, with such omissions, insertions
and variations as may be necessary and desirable:
(Forms of Bond)*
. provisions of the Bonds may be set forth on the back of the
Bonds and shall for all purposes have the same effect as if set
forth on the front of the Bonds.
-31- Res. No. 98-91
'1;1
·
(Face of Bond with certain provisions applicable to a Capital
Appreciation Bond or a Capital Appreciation and Income Bond as
indicated)
No. R $
UNITED STATES OF AMERICA
STATE OF FLORIDA
PALM BEACH COUNTY
CITY OF DELRAY BEACH
UTILITIES TAX REVENUE BOND
SERIES -
Interest Maturity Dated
Rate Date Date CUSIP
Registered Owner:
Principal Amount:
I<NOW ALL MEN BY THESE PRESENTS, that city of Delray Beach,
Florida (the "City"), for value received, hereby promises to pay,
from the proceeds of the utilities Tax deposited pursuant to the
terms of the Resolution, as such terms are hereinafter defined, to
the Registered OWner or registered assigns on the Maturity Date spec-
ified above, upon the presentation and surrender hereof at the desig-
nated corporate trust office of , as paying agent
(said and any bank or trust company becoming successor
paying agent being herein called the "Paying Agent"), the Principal
Amount stated hereon with interest thereon at the Interest Rate
stated above, payable on the first day of and
-32- Res. No. 98-91
,,'
of each year until the City's obligation with respect to the payment
of such Principal Amount shall be discharged. Interest on this Bond
is payable by check or draft of the Paying Agent made payable to the
registered owner and mailed to the address of the registered owner as
such name and address shall appear on the registration books of the
City maintained by , as Registrar (said
, and any successor Registrar being herein called the
"Registrar") on the fifteenth day of the calendar month preceding
each interest payment date or the fifteenth day prior to the date
notice of redemption is given, whether or not such fifteenth day is a
Saturday, Sunday or holiday (the "Record Date"); provided further,
however, that payment of interest on the Bonds may, at the option of
any Holder of Bonds in an aggregate principal amount of at least
$1,000,000, be transmitted by wire transfer to the Holder to the bank
account number on file with the Paying Agent as of the Record Date.
Such interest shall be payable from the most recent interest payment
date next preceding the date hereof to which interest has been paid,
unless the date hereof is an 1 or 1 to which inter-
est has been paid, in which case from such 1 or 1,
or unless the date hereof is prior to , 19 -, in which case
from , 19 -, or unless the date hereof is between a Record
Date and the next succeeding interest payment date, in which case
from such interest payment date; provided, however, that if and to
the extent there is a default in the payment of the interest due on
such interest payment date, such defaulted interest shall be paid to
-33- Res. No. 98-91
·
the persons in whose name Bonds are registered on the registration
books of the city maintained by the Registrar at the close of busi-
ness on the fifteenth day prior to a subsequent interest payment date
established by notice mailed by the Registrar to the registered owner
not less than the tenth day preceding such subsequent interest pay-
ment date. '!he Principal Amount and accrued interest thereon is pay-
able in any coin or currency of the United states of America, which,
on the date of payment thereof, shall be legal tender for the payment
of public and private debts.
-34- Res. No. 913-91
·
[The following is applicable to Capital Appreciation Bonds only]
No.
UNITED STATES OF AMERICA
STATE OF FLORIDA
PALM BEACH COUNTY
CITY OF DELRAY BEACH
UTILITIES TAX REVENUE BONDS
SERIES _
Interest Maturity Dated
Rate Date Date CUSIP
Registered
Owner:
Principal Amount: $____ per $5,000 Amount Due at Maturity
Amount Due
at Maturity:
KNOW ALL MEN BY THESE PRESENTS, that the City of Delray
Beach, Florida (the "City"), for value received, hereby promises to
pay from the proceeds of the Utilities Tax deposited pursuant to the
terms of the Resolution, as such terms are hereinafter defined, to
the Registered owner or registered assigns on the Maturity Date spec-
ified above, upon presentation and surrender hereof at the designated
corporate trust office of , as paying agent (said
and any bank or trust company to become successor
paying agent being herein called the "Paying Agent"), the Amount Due
at Maturity (stated above), constituting the Principal Amount per
-35- Res. No. 98-91
"I,j
·
$5,000 Amount Due at Maturity (stated above) and interest thereon at
the Interest Rate (stated above) from the Dated Date (stated above)
compounded on ____ and thereafter on ____ and , of each year
until payment of said maturity amount or upon earlier redemption, as
set forth on the reverse side hereof, payment to be made at the
Accreted Value as of the date of redemption or other date of
payment. The "Accreted Value" of this Bond shall mean, as of any
date of computation, an amount equal to the principal amount hereof
plus the compounded interest accrued hereon to the 1 or
1 next preceding the date of computation or the date of
computation if a 1 or 1, plus, if such date of
computation shall not be a 1 or 1, a portion of
the difference between the Accreted Value as of the immediately pre-
ceding 1 or 1 (or the Dated Date if the date of
computation is prior to , 19-' and the Accreted Value as of
the immediately succeeding 1 or 1, calculated
based upon the assumption that Accreted Value accrues during any
semiannual period in equal daily amounts on the basis of a year of
twelve 30-day months. The Accreted Value per $5,000 maturity amount
of this Bond on each 1 or 1 is set forth in a
table on the reverse hereof. 'Dle table should not be construed as a
representation as to the market value of this Bond at any time in the
future but may bear a relationship to the amount of tax-exempt inter-
est and taxable gain with respect to this Bond if sold prior to
maturity.
-36- Res. No. 98-91
[The following is applicable to Capital Appreciation and Income
Bonds only]
No. $
UNITED STATES OF AMERICA
STATE OF FLORIDA
PALM BEACH COUNTY
CITY OF DELRAY BEACH
UTILITIES TAX REVENUE BOND
SERIES -
INTEREST MATURITY DATED
RATE DATE DATE CUSIP
REGISTERED
OWNER:
PRINCIPAL AMOUNT: $____ PER $5,000 AMOUNT DUE AT MATURITY
AMOUNT DUE
AT MATURITY:
INTEREST COMMENCEMENT DATE:
KNOW ALL MEN BY THESE PRESENTS, that the city of Delray
Beach, Florida (the "City"), for value received, hereby promises to
pay from the proceeds of the Utilities Tax deposited pursuant to the
terms of the Resolution, as such terms are hereinafter defined, to
the Registered OWner or registered assigns on the Maturity Date spec-
ified above, upon presentation and surrender hereof at the designated
corporate trust office of , as paying agent (said
and any bank or trust company to become successor
paying agent being herein called the "Paying Agent"), the Amount Due
-37- Res. No. 98-91
""1
·
at Maturity (stated above), constituting the Principal Amount (stated
above) per $5,000 Amount Due at Maturity and interest thereon at the
Interest Rate (stated above) from the Dated Date (stated above), com-
pounded on each 1 and 1 during the period from
the Dated Date (stated above) to , (the "Interest
Commencement Date"). The city further promises to pay to the
Registered OWner hereof by check or draft of the Paying Agent made
payable to the registered owner and, mailed to such registered owner
at the address shown on the registration books of the city kept for
that purpose at the designated corporate trust office of , as
Registrar (said and any successor Registrar being herein
called the "Registrar") as of the fifteenth day of the month preced-
ing such interest payment date, interest on the Amount Due at
Maturity from the Interest Commencement Date, at the rate per annum
equal to the Interest Rate (stated above), payable on the first days
of and in each year (commencing 1,
) , until the City's obligation with respect to the payment of
such Amount Due at Maturity shall be discharged. Upon earlier
redemption or other payment prior to the Interest Commencement Date,
as set forth on the reverse hereof, payment shall be made at the
Appreciated Value as of the date of redemption or other payment of
this Bond. 'lbe "Appreciated Value" of this Bond shall mean (i) as of
any date of computation up to and including, 1, , an
amount equal to the Principal Amount hereof plus the interest accrued
thereon to the 1 or 1 next preceding the date
-38- Res. No. 98-91
,1,,1
of computation or the date of computation if a 1 or
1, plus, if such date of computation shall not be a
1 or 1, a portion of the difference between the
Appreciated Value as of the immediately preceding 1 or
1 (or the Dated Date if the date of computation is prior
to 1, 19 ) and the Appreciated Value as of the immedi-
ately succeeding 1 or 1, calculated based upon
an assumption that Appreciated Value accrues during any semiannual
period in equal daily amounts on the basis of a year of twelve 30-day
months, and (ii) after the Interest Commencement Date, the
Appreciated Value at the Interest Commencement Date. The Appreciated
Value per $5,000 Amount Due at Maturity of this Bond on each
1 and 1 is set forth in a table on the reverse
hereof. The table should not be construed as a representation as to
the market value of this Bond at any time in the future but may bear
a relationship to the amount of tax-exempt interest and taxable gain
with respect to this Bond if sold prior to Interest Commencement
Date. Upon redemption or other payment subsequent to the Interest
Commencement Date and prior to the Maturity Date in accordance with
the provisions set forth on the reverse hereof, payment of this Bond
~hall be made in an amount equal to the Amount Due at Maturity plus
any applicable premium plus accrued and unpaid interest on such
Amount Due at Maturity.
THE FOLLOWING IS APPLICABLE TO ALL BONDS
-39- Res. No. 98-91
·1'"
This Bond is one of an authorized issue of Bonds in the
aggregate principal amount of $ of like date, tenor,
and effect, except as to number, date of maturity and interest rate,
issued for the purpose of (i) defeasing and refunding certain out-
standing obligations of the city, and (ii) financing all or a portion
of the cost of the construction and acquisition of the 1991
Improvements (as described in the hereinafter referred to Resolution)
under the authority of and in full compliance with the Constitution
and statutes of the state of Florida, including the Charter of the
city, as amended and supplemented, the Florida constitution,
Chapter 166, Florida statutes, as amended and supplemented, and other
applicable provisions of law, and a resolution duly adopted by the
City commission of the City on December 3, 1991, as amended and sup-
plemented (herein, collectively referred to as the "Resolution"), and
is subject to all the terms and conditions of the Resolution.
REFERENCE IS HEREBY MADE TO THE FURTHER PROVISIONS OF THIS
BOND SET FORTH ON THE REVERSE SIDE HEREOF AND SUCH FURTHER PROVISIONS
SHALL FOR ALL PURPOSES HAVE THE SAME EFFECT AS IF SET FORTH ON THE
FRONT SIDE HEREOF.
It is hereby certified and recited that all acts, condi-
tions and things required to exist, to happen, and to be performed,
precedent to and in the issuance of this Bond exist, have happened
and have been performed in regular and due form and time as required
by the Laws and Constitution of the State of Florida and the Charter
of the city applicable thereto, and that the issuance of this Bond,
-40- Res. No. 98-91
"'d
and of the issue of Bonds of which this Bond is one, is in full
compliance with all constitutional or statutory limitations or
provisions.
IN WITNESS WHEREOF, the City of Delray Beach, Palm Beach
County, Florida, has caused this Bond to be signed by the Mayor of
said City, either manually or with his/her facsimile signature, and
the seal of the city of Delray Beach to be affixed hereto or
imprinted or reproduced hereon, and attested by its City Clerk,
either manually or with her/his facsimile signature, and this Bond to
be dated the Dated Date specified above.
CITY OF DELRAY BEACH, FLORIDA
Mayor
Attest:
City Clerk
-41- Res. No. 98-91
PORM OF CERTIFICATE OF AUTHEHTICATIœt
Date of Authentication:
This Bond is one of the Bonds delivered pursuant to the
within mentioned Resolution.
, as Registrar
By
Authorized Officer
FORM OF VALIDATION CERTIFICATE
[insert only if Bonds are validated]
This Bond is one of a series of Bonds which were validated
by judgment of the circuit Court for Palm Beach County, Florida,
rendered on the day of , 199X.
Mayor
City Clerk
-42- Res. No. 98-9]
"I ,~
[INSERT REDEMPTION PROVISIONS]
Pari Passu Additional Bonds may be issued by the City from
time to time upon the conditions and within the limitations and in
the manner provided in the Resolution.
This Bond and the issue of which it is a part are payable,
together with such obligations as may in the future be issued on a
parity therewith, solely, as to both principal and interest, from the
proceeds of the tax imposed by the City on the purchase of certain
utility services, including electricity, metered and bottled gas
(natural liquified petroleum gas or manufactured), and telecommunica-
tion services in said City (the "utilities Tax") . The Resolution
provides that, to the extent necessary to pay principal of and inter-
est on obligations of which this Bond is one and to carry out the
provisions of the Resolution, said tax shall be levied and collected
in an amount sufficient to make such payments of principal of and
interest and to make all other payments required by the Resolution.
This Bond, including interest hereon, is payable solely fram the pro-
ceeds of said utilities Tax deposited in the Sinking Fund created
under the Resolution and does not constitute an indebtedness of the
City within the meaning of any constitutional, statutory or charter
provision or limitation. It is expressly agreed by the owner of this
Bond that such owner shall never have the right to require or compel
the exercise of the ad valorem taxing power of the City for the pay-
ment of the principal of or interest on this Bond or the making of
any reserve or other payments provided for in the Resolution. It is
-43- Res. No. 98-91
1,·1
further agreed between the City and the owner of this Bond that this
Bond and the obligation evidenced thereby shall not constitute a lien
upon any property of or in the City but shall constitute a lien only
on the proceeds of the utilities Tax deposited under the Resolution.
Additional obligations, payable from the proceeds of such Utilities
Tax pari passu with the Bonds of the issue of which this Bond is one,
may be issued by the City from time to time upon the conditions and
within the limitations and in the manner provided in the Resolution.
The original registered owner, and each successive regis-
tered owner of this Bond shall be conclusively deemed to have agreed
and consented to the following terms and conditions:
.
(1) The Registrar shall maintain the books of the City for
the registration of Bonds and for the registration of transfers of
Bonds as provided in the Resolution. The Bonds shall be transferable
by the registered owner thereof in person or by his attorney duly
authorized in writing only upon the registration books of the city
maintained by the Registrar and only upon surrender hereof together
with a written instrument of transfer satisfactory to the Registrar
duly executed by the registered owner or his duly authorized
attorney. Upon the transfer of any such Bond, the City shall issue
in the name of the transferee a new Bond or Bonds.
-44- Res. No. 98-91
(2) The City, the Paying Agent and the Registrar shall
deem and treat the person in whose name any Bond shall be registered
upon the books kept by the Registrar as the absolute owner of such
Bond, whether such Bond shall be overdue or not, for the purpose of
receiving payment of, or on account of, the principal of and interest
on such Bond as the same becomes due, and for all other purposes.
All such payments so made to any such registered owner or upon his
order shall be valid and effectual to satisfy and discharge the
liability upon such Bond to the extent of the sum or sums so paid,
and neither the City, the Paying Agent, nor the Registrar shall be
affected by any notice to the contrary.
(3) At the option of the registered owner thereof and upon
surrender hereof at the designated corporate trust office of the
Registrar with a written instrument of transfer satisfactory to the
Registrar duly executed by the registered owner or his duly autho-
rized attorney and upon payment by such registered owner of any
charges which the Registrar or the City may make as provided in the
Resolution, the Bonds may be exchanged for Bonds of the same interest
rate and maturity of any other authorized denominations.
(4) In all cases in which the privilege of exchanging
Bonds or transferring Bonds is exercised, the City shall execute and
the Registrar shall authenticate and deliver Bonds in accordance with
the provisions of the Resolution. There shall be no charge for any
such exchange or transfer of Bonds, but the City or the Registrar may
require payment of a sum sufficient to pay any tax, fee or other
-45- Res. No. 98-91
'I ,~
governmental charge required to be paid with respect to such exchange
or transfer. Neither the City nor the Registrar shall be required
(a) to transfer or exchange Bonds for a period from a Record Date to
the next succeeding interest payment date on such Bonds or 15 days
next preceding any selection of Bonds to be redeemed or thereafter
until after the mailing of any notice of redemption; or (b) to trans-
fer or exchange any Bonds called for redemption. However, if less
than all of a Bond is redeemed or defeased, the City shall execute
and the Registrar shall authenticate and deliver, upon the surrender
of such Bond, without charge to the Bondholder, for the unpaid bal-
ance of the principal amount of such Bond so surrendered, a regis-
tered Bond in the appropriate denomination and interest rate.
This Bond shall not be valid or obligatory for any purpose
until the certificate of authentication set forth hereon shall have
been duly executed by the Registrar.
[The following paragraph is applicable to Capital
Appreciation Bonds only]
The Capital Appreciation Bonds, of which this Bond is one,
pay principal and compound accrued interest only at maturity or upon
prior redemption. For the purposes of (i) receiving payment of the
redemption price if a Capital Appreciation Bond is redeemed prior to
maturity, or ( ii) computing the amount of Bonds held by the regis-
tered owner of a Capital Appreciation Bond in giving to the City any
notice, consent, request, or demand pursuant to the Resolution for
any purpose whatsoever, or (iii) computing the amount of Bonds to be
-46- Res. No. 98-91
·
redeemed and the selection of Bonds to be redeemed, the principal
amount of a Capital Appreciation Bond shall be deemed to be its
Accreted Value.
[The following paragraph is applicable only to capital
Appreciation and Income Bonds]
For the purposes of (i) receiving payment of the redemption
price if a capital Appreciation and Income Bond is redeemed prior to
maturity, or {ii} computing the amount of Bonds held by the regis-
tered owner of a Capital Appreciation and Income Bond in giving to
the City any notice, consent, request or demand pursuant to the
Resolution for any purpose whatsoever, the principal amount of a
Capital Appreciation and Income Bond shall be deemed to be its
Appreciated Value.
-47- Res. No. 98-91
11··1
[For Capital Appreciation Bonds only]
ACCRETED VALUE PER $5,000 MATURITY AMOUNT
Accreted Accreted
Date Value Date Value
-48- Res. No. 98-91
[For capital Appreciation and Income Bonds only]
APPRECIATED VALUE PER $5,000 MATURITY AMOUNT
Appreciated Appreciated
Date Value Date Value
-49- Res. No. 98-91
,,"I
ASSIGNMENT AND TRANSFER
FOR VALUE RECEIVED the undersigned sells, assigns and
transfers unto
(please print or typewrite name and address of transferee)
the within bond and all rights thereunder, and hereby irrevocably
constitutes and appoints
Attorney to transfer the within bond on the books kept for registra-
tion thereof, with full power of substitution in the premises.
Dated:
In the presence of:
[STATEMENT OF INSURANCE, if any]
-50- Res. No. 98-91
,,<
SECTION 9. BOOl{-BllTRY SYSTEM.
1- As long as any Series of Bonds are registered under the
Book-Entry System, the City and the Registrar shall comply with the
terms of the agreement entered into with the Securities ~itory
(the "Book-Entry Agreement") with respect to such Series. However,
the Book-Entry System through the Securities Depository may be termi-
nated upon the happening of any of the following:
(a) The Securities Depository or the city,
based upon advice from the Securities Depository,
advise the Registrar that the Securities Depository is
no longer willing or able to properly discharge its
responsibilities under the Book-Entry Agreement and
the Registrar and the City are unable to locate a
qualified successor clearing agency satisfactory to
the Registrar and the City; or
(b) The City, in its sole discretion but with
the prior written consent of the Registrar, elects to
terminate the Book-Entry System by notice to the
Securities Depository, the Registrar and the Credit
Facility Issuer, if any.
2. Upon the occurrence of any event described above, the
City and the Registrar shall, if necessary, enter into a resolution
supplemental to this Resolution to add to the provisions of this
Resolution any provisions deemed reasonably necessary or required by
the Registrar, and approved in writing by the Credit Facility Issuer,
-51- Res. No. 98-91
':.-. ,".- .. ..'
if any, with respect to Replacement Bonds ( including, but not limited
to, the provision for the cost and expenses for the printing thereof)
and to account for the fact that, thereafter, the Bonds will no
longer be registered under the Book-Entry System, and (ii) the
Registrar shall notify the Securities Depository and the Credit
Facility Issuer, if any, of the occurrence of such event and of the
availability of definitive or temporary Replacement Bonds to
Beneficial Owners requesting the same, in an aggregate outstanding
amount representing the interest of each such Beneficial Owner,
making such adjustments and allowances as it may find necessary or
appropriate as to accrued interest and previous payments of
principal. Definitive Replacement Bonds shall be issued only upon
surrender to the Registrar of the Bond of each maturity by the
Securities Depository, accompanied by registration instructions for
the definitive Replacement Bonds for such maturity from the
Securities Depository. Neither the City nor the Registrar shall be
liable for any delay in delivery of such instructions and conclu-
sively may rely on, and shall be protected in relying on, such
instructions.
3. Whenever the Bonds are registered under the Book-Entry
System and notice or other communication to the Bondholders is
required under this Resolution, unless and until Replacement Bonds
shall have been issued with respect to the Bonds, the City or the
Registrar, as the case may be, shall give to the Securities
-52- Res. No. 98-91
,'.
Depository one copy of each such notice and communication specified
herein or required by this Resolution to be given
ARTICLE III
COVENANTS, FUNDS AND APPLICATION THEREOF
SECTION 1. BONDS NOT TO BE INDEBTEDNESS OF THE CITY. The
Bonds shall not be and shall not constitute an indebtedness of the
city within the meaning of any constitutional, statutory, charter or
other limitation of indebtedness, but shall be payable solely from
the utilities Tax proceeds, as provided herein. No Holder or Holders
of any Bonds issued hereunder shall ever have the right to compel the
exercise of the ad valorem taxing power of the City, or taxation in
any form of any real property therein to pay the Bonds or the inter-
est thereon.
SECTION 2. BONDS SECURED BY PLEDGE OF UTILITIES TAX
PROCEEDS. The payment of the principal of and interest on all of the
Bonds issued hereunder shall be secured forthwith equally and ratably
by a first lien on and pledge of the utilities Tax Proceeds deposited
in the Sinking Fund, hereinafter created and established (herein
referred to as the "Pledged Revenues"), except that any Pledged
Revenues o~ deposit in the Debt Service Reserve Account established
for any Series of Bonds shall be available only for the payment of
such Series of Bonds. The Pledged Revenues deposited in the Sinking
Fund, hereinafter created and established, in an amount sufficient to
pay the principal of and interest on the Bonds herein authorized, are
-53- Res. No. '='8-'::'1
,,<
hereby irrevocably pledged to the payment of the principal of and
interest on the Bonds authorized herein, and other payments provided
for herein, as the same become due and payable; provided, however,
that any cash and/or Permitted Investments or a Reserve Account
Credit Facility Substitute on deposit in a Debt Service Reserve
Account created and established under this Resolution for a particu-
lar Series of Bonds, shall only be available to pay debt service on
such Series of Bonds. Payment of the principal of and interest on
the Bonds may also be secured by a Credit Facility, and liquidity for
Variable Rate Bonds that are subject to tender for purchase may be
provided by a Liquidity Facility, all as shall be determined by sub-
sequent proceedings of the Commission.
SECTION 3. APPLICATION OF 1991 BOND PROCEEDS. All moneys
received by the City from the sale of the 1991 Bonds originally
authorized and issued pursuant to this Resolution, shall be disbursed
as follows:
A. The accrued interest derived from the sale of the 1991
Bonds shall be deposited into the Interest Account, hereinafter cre-
ated and established under this Resolution, and used for the purpose
of paying interest on the 1991 Bonds, as the same becomes due and
payable.
B. From the proceeds of the 1991 Bonds, there may be
deposited in the applicable Debt Service Reserve Account, hereinafter
created and established under this Resolution, an amount equal to the
Debt Service Reserve Requirement for the 1991 Bonds, as shall be
-54- Res. No. ?8-91
determined by subsequent proceedings of the Commission, or in lieu of
depositing all or a part of such amounts, the City may deposit a
Reserve Account Credit Facility Substitute with the requisite
coverage.
C. From the proceeds of the 1991 Bonds, an amount which,
together with any other moneys lawfully available therefor, if any,
including moneys and investments, if any, transferred from the funds
and accounts created and established by the proceedings authorizing
the issuance of the Prior Obligations (such amounts to be determined
by subsequent proceedings of the Commission), shall be deposited in
one or more escrow deposit trust funds to be held by a bank or trust
company, as escrow trustee, under the terms and provisions of the
Escrow Deposit Agreement, and such proceeds, together with such other
moneys, if any, shall be held irrevocably in trust in such escrow
deposit trust funds under the terms and provisions of the Escrow
Deposit Agreement; such moneys (other than beginning cash balances)
shall be invested at the time of deposit in U. S. Obligations, which
are not redeemable prior to maturity except by the holder thereof,
the principal and interest of which shall be sufficient to pay the
principal of, redemption premium, if any, and interest on the Prior
Obligations, as the same become due and payable or are redeemed prior
to maturity in accordance with the proceedings which authorized their
issuance, all as provided in the Escrow Deposit Agreement.
D. The balance of the proceeds derived from the sale of
the 1991 Bonds shall be deposited in a fund in a bank or trust
-55- poC" No. °2-91
..,,_0.
., ,~
company in the state which is eligible under state laws to receive
deposits of City funds, which fund is hereby created, established and
designated as the "Acquisition/Construction Fund," together with
other moneys lawfully available therefor, if any. There is hereby
created and established in the Acquisition/Construction Fund a sepa-
rate line item to be known as the "Cost of Issuance Cost Center,"
into which shall be deposited an amount of the proceeds of the 1991
Bonds sufficient to pay the costs of issuance of 1991 Bonds, includ-
ing, but not limited to, payment for the Credit Facility, if any, and
the initial payment of the premium or fee for the Reserve Account
Credit Facility Substitute, if any. The city is hereby authorized to
permit the initial purchaser of the 1991 Bonds to pay directly to the
Bond Insurer, from the proceeds of the Bonds, the cost of the Bond
Insurance Policy, if any. If, for any reason, the moneys in the
Acquisition/Construction Fund, or any part thereof, are not necessary
for or are not applied to the purposes of the 1991 Improvements, then
such surplus proceeds shall be deposited, upon certification of the
City Manager other than amounts allocated to the Cost of Issuance
Cost Center, that such surplus proceeds are not needed for the pur-
poses of the Acquisition/Construction Fund, in the following order:
First, to the Debt Service Reserve Account in the sinking
Fund created and established for the 1991 Bonds, to the full extent
necessary, either to reinstate any Reserve Account Credit Facility
Substitute on deposit therein, or, to deposit additional moneys so
that such deposit, together with such moneys already on deposit
-56- Res. No. r'\~-()J
_ _._._._....__~ n _ ..~_.___.__._.,. .____ ~~_n_._ .--.-- ~._..._._.._- ._-_.,,-.-
"'·1
therein, equal the Debt Service Reserve Requirement for such 1991
Bonds;
Second, to the Interest Account, Principal Account or Bond
Redemption Account in the amounts, if any, determined by subsequent
proceedings of the Commission; and
Third, the balance, if any, to be used by the City for any
lawful municipal purpose.
The moneys deposited in the Acquisition/Construction Fund
may, pending their use for the purposes provided in this Resolution,
be temporarily invested in Permitted Investments maturing not later
than the dates on which such moneys will be needed for the purposes
of the Acquisition/construction Fund. Subject to the provisions of
the Code and the applicable Tax Certificate, all the earnings and
investment income from such investments shall remain in and become a
part of said Acquisition/Construction Fund and be used for the pur-
poses of the Acquisition/Construction Fund.
Any moneys received by the City from the state or from Palm
Beach County, Florida (the "County"), or from the United states of
America or any agencies thereof for the purpose of financing part of
the 1991 Improvements, may be deposited in the Acquisition/
Construction Fund and used in the same manner as other 1991 Bond pro-
ceeds are used therein; provided, however, that such moneys shall not
be so deposited in the event and to the extent that the City has
incurred debt in anticipation of the receipt of such moneys; and
provided further, that separate accounts may be established in the
-57- Res. No. 98-91
------ ----
Acquisition/construction Fund for moneys received pursuant to the
provisions of this paragraph whenever required by Federal or state or
County regulations.
The proceeds of the sale of the 1991 Bonds (other than
amounts deposited under the Escrow Deposit Agreement) shall be and
constitute trust funds for the purposes hereinabove provided, and
there is hereby created a lien upon such moneys, until so applied, in
favor of the Holders of the Bonds, except that the lien on the moneys
or securities or any moneys derived from a Reserve Account Credit
Facility Substitute on deposit in a Debt Service Reserve Account,
created and established under this Resolution for a particular series
of Bonds, shall only be for the benefit of the Holders of such Series
of Bonds.
SECTION 4. COVENANTS OF THE CITY. As long as any of the
principal of or interest on any of the Bonds shall be outstanding and
unpaid, or until there shall have been set apart in the sinking Fund,
consisting of the Interest Account, Principal Account, Bond
Redemption Account and respective Debt Service Reserve Accounts, if
any, herein created and established, a sum sufficient to pay, when
due, the entire principal of the Bonds remaining unpaid, together
with interest accrued and to accrue thereon, or until the provisions
of Article III, section 4.E, of this Resolution, have been complied
with, the City covenants with the Bondholders of any and all of the
Bonds issued pursuant to this Resolution as follows:
-58- Pes. No. ~8-91
'I ,~
·
A. TAX COVENANT. 1. Unless the City elects to issue any
one or more Series of Bonds under the terms and provisions of this
Resolution, the interest of which shall be includable in the gross
income of the Holders thereof, the city covenants as to any other
Series of Bonds issued pursuant to this Resolution to comply with
each applicable requirement of the Code, and any successor provisions
thereto, in order to maintain the exclusion of the interest on the
Bonds from gross income for Federal income tax purposes pursuant to
Section lO3(a) of the Code. In furtherance of the covenant contained
in the preceding sentence, the City agrees to comply with the provi-
sions of the applicable Tax Certificate.
2. The City shall make any and all payments required to be
made to the United states Department of the Treasury in connection
with the Bonds pursuant to section 148(f) of the Code from amounts on
deposit in the Sinking Fund created and established under this
Resolution and/or from other moneys lawfully available therefor.
3. Notwithstanding any other provision of this Resolution
to the contrary, as long as necessary in order to maintain the exclu-
sion of interest on the Bonds from gross income for Federal income
tax purposes, the covenants contained in this section shall survive
the payment of the Bonds, including any payment or defeasance thereof
pursuant to Article III, Section 4.E of this Resolution.
4. Notwithstanding any other provision of this Resolution
to the contrary, upon the city's failure to observe or refusal to
comply with the covenants contained in this Section 4. A, the
-59- Res. No. ?8-91
"·1··1
Bondholders, or any trustee acting on their behalf, shall be entitled
to the rights and remedies provided to Bondholders under this
Resolution.
B. UTILITIES TAX COVENANTS. The city hereby covenants
and agrees that in each Fiscal Year, as long as any of the Bonds
issued under this Resolution are outstanding, it will take all lawful
action necessary or required to continue to entitle the city to
receive the Utilities Tax proceeds and will take no action which will
impair or adversely affect its receipt of such proceeds. The city
hereby covenants that it shall not repeal the utilities Tax
Ordinance. To the extent necessary for the City to meet its obliga-
tions under this Resolution and any resolution supplemental thereto,
it shall increase the rate of the utilities Tax to the highest rate
legally permitted under applicable law and the City shall enact every
substitute or supplemental ordinance which may, for any reason,
become legally necessary or necessary to comply with the provisions
of this Resolution. The City will keep proper books and records
regarding the collection of the utilities Tax proceeds and the uses
made of the proceeds thereof and that all records with respect
thereto shall be available for inspection at all reasonable times by
Holders of any of the Bonds. Within ninety (90) days following the
close of each Fiscal Year, the City will supply to any such Hohler,
who may have so requested in writing, a written statement or )deport
covering the receipt and disposition of the utilities Tax procp.eds
during such prior Fiscal Year.
-60- Pes. No. '):-!-?l
, -"I <~
C. CREATION AND ESTABLISHMENT OF SINKING FUND AND ACCOUNTS
THEREIN. There are hereby created and established the following
fund and accounts therein:
The "City of Delray Beach utilities Tax Sinking Fund"
(hereinafter referred to as the "Sinking Fund"). There are also
hereby created and established three (3 ) separate accounts in the
Sinking Fund to be known as the "Interest Account," the "Principal
Account" and the "Bond Redemption Account." The City hereby creates
and establishes a separate and distinct Debt Service Reserve Account
for the 1991 Bonds in the Sinking Fund, herein referred to as the
"Debt Service Reserve Account," with such other appropriate denomina-
tion as the city deems necessary to distinguish such Debt Service
Reserve Account from all other Debt Service Reserve Accounts. The
City reserves the right, but shall not be obligated, to create and
establish additional separate Debt Service Reserve Accounts in the
Sinking Fund for any other Series of Bonds issued pursuant to the
terms and provisions of this Resolution. Each such Debt Service
Reserve Account, so created and established, shall constitute sepa-
rate security for the Series of Bonds for which it relates and the
moneys or securities therein or derived from a Reserve Account Credit
Facility Substitute therein shall not be available to pay debt ser-
vice on any other Series of Bonds unless expressly so provided by
supplemental resolution adopted prior to the issuance of such Series
of Bonds for which such Debt Service Reserve Account was created and
established.
-61- Res. No. ?8-91
·--··;I-~.f .
In the event the City should issue a Series of Bonds, the
interest on which is included in the gross income of the Holders
thereof for Federal income tax purposes, the city shall take such
steps, including the creation of separate subaccounts which in the
opinion of Bond Counsel is necessary to preserve the exclusion from
gross income of interest on all other Series of Bonds.
D. DISPOSITION OF UTILITIES TAX PROCEEDS. All or a
portion of the utilities Tax Proceeds collected each month by the
City shall be deposited in the following manner and amounts
(hereinafter, the utilities Tax proceeds deposited in the sinking
Fund are referred to as the "Pledged Revenues") :
1- Pledged Revenues shall be used, to the full extent nec-
essary, for deposit into the Interest Account in the sinking Fund, on
the fifteenth (15th) day of each month, beginning with the fifteenth
(15th) day of the first full calendar month following the date on
which any or all of the Bonds are delivered to the purchaser thereof,
such sums as shall be sufficient to pay one-sixth (1/6th) of the
interest becoming due on the Bonds on the next semiannual Interest
Payment Date; provided, however, that such monthly deposits for
interest shall not be required to be made into the Interest Account
to the extent that money is on deposit therein; and provided further,
that in the event the City has issued pari passu additional variable
Rate Bonds pursuant to the provisions of this Resolution, Pledged
Revenues shall be deposited at such other or additional times and
amounts as necessary to pay the interest becoming due on the Bonds on
-62- Res. No. ?8-?1
.. -..---- "4q" ·_U·_·~___
the next Interest Payment Date, all in the manner provided in the
supplemental resolution authorizing such pari passu additional
Variable Rate Bonds.
The income and investment earnings derived from the moneys
and investments on deposit in the Interest Account shall be retained
therein and the moneys and investment earning on deposit in the
principal Account, the Bond Redemption Account and the Debt service
Reserve Accounts shall be deposited in the Interest Account, and such
income and investment earnings shall be credited against the amount
of Pledged Revenues required to be deposited in the Interest
Account.
In the event that the period to elapse between the date of
the delivery of the Bonds and the next semiannual Interest Payment
Date will be less or more than six (6) months, then such monthly pay-
ments shall be increased or decreased accordingly in sufficient
amounts to provide the required semiannual interest amount maturing
on the next Interest Payment Date.
2. Pledged Revenues shall next be used, to the full extent
necessary,
( a) for deposit in the Principal Account in the
Sinking Fund, on the fifteenth (15th) day of each
month in each year, one twelfth (1/12th) of the prin-
cipal amount or Accreted Value of the Serial Bonds
which will mature and become due on the next annual
maturity date, as shall be determined by subsequent
-63- Res. No. ?8-9J
+ ~--,-,._----- ·I..r--
-- ~-----+
proceedings of the Commission. In the event the
period to elapse between the date of delivery of the
Bonds and the next principal payment date will be less
or more than twelve (12) months, then such monthly
payments shall be increased or decreased accordingly
in sufficient amounts to provide the required princi-
pal amount maturing on the next principal payment
date.
(b) for deposit into the Bond Redemption
Account in the Sinking Fund (or such special subac-
count created therein for Term Bonds of a particular
maturity by subsequent proceedings of the Commission),
on the fifteenth (15th) day of each month in each
year, one twelfth ( 1/ 12th) of the amount required for
the payment of the Term Bonds, as shall hereafter be
determined by subsequent proceedings of the
Commission, until the amount on deposit therein is
equal to the amount required to be paid on the next
installment payment date.
The moneys in the Bond Redemption Account (or
such special subaccount created therein for Term Bonds
of a particular maturity by subsequent proceedings of
the Commission) shall be used solely for the purcllase
or redemption of the Term Bonds payable therefrom.
The City may purchase any of the Term Bonds at prices
-64- Res. No. Cl8-91
·
not greater than par and accrued interest and may
purchase capital Appreciation Bonds and/or Capital
Appreciation and Income Bonds (if such Capital
Appreciation Bonds or capital Appreciation and Income
Bonds are Term Bonds) at prices not greater than the
Accreted Value or Appreciated Value, as the case may
be, as of the date of purchase. If, by the applica-
tion of moneys in the Bond Redemption Account, the
City shall purchase or call for redemption in any year
Term Bonds in excess of the installment requirement
for such year, such excess of Term Bonds so purchased
or redeemed shall, at the option of the City, either
be credited on a pro rata basis over the remaining
installment payment dates or credited against the fol-
lowing year's installment requirement.
The City shall, to the extent of any moneys in
the Bond Redemption Account (or such special account
created therein for Term Bonds of a particular matu-
rity by subsequent proceedings of the commission), be
mandatorily obligated to use such moneys for the
redemption prior to maturity of Term Bonds in such
manner and at such times as shall hereafter be deter-
mined by subsequent proceedings of the Commission.
No distinction or preference shall exist in the
use of moneys on deposit in the Sinking Fund for
-65- Res. No. ?8-91
'I ,~
·
payment into the Interest Account, the Principal
Account and the Bond Redemption Account in the Sinking
Fund, such accounts being on a parity with each
other.
3. To the extent not funded from Bond proceeds or covered
by Reserve Account Credit Facility Substitutes, Pledged Revenues
shall next be used on a pro rata basis, to the full extent necessary,
for deposits into each of the Debt Service Reserve Accounts in the
S inking Fund, on the fifteenth ( 15th) day of each month in each year,
beginning with the fifteenth (15th) day of the first full calendar
month following the date on which any or all of the 1991 Bonds issued
hereunder are delivered to the purchaser thereof, such sums as shall
be sufficient to pay an amount equal to one-twelfth of twenty percent
(1/12th of 20%) of the Debt Service Reserve Requirement applicable
for each Series of Bonds; provided, however, that no payments shall
be required to be made into the Debt Service Reserve Accounts when-
ever and as long as the amount deposited therein shall be equal to
the Debt Service Reserve Requirement for such Series of Bonds; pro-
vided further, however, that if Pledged Revenues are insufficient to
make the required deposits into the applicable Debt Service Reserve
Accounts, such Pledged Revenues, which are available, will be depos-
ited therein on a pro rata basis.
Notwithstanding the foregoing provisions, in lieu of the
deposits of Pledged Revenues into any of the Debt Service Reserve
Accounts created and established under this Resolution, the city may
-66- Res. No. 0'8-91
·
cause to be deposited into any of the Debt Service Reserve Accounts a
surety bond, an unconditional direct pay letter of credit issued by a
bank, a reserve account line of credit or a municipal bond insurance
policy issued by a reputable and recognized municipal bond insurer
for the benefit of the Holders of the applicable Series of Bonds for
which such Debt Service Reserve Account has been created (sometimes
referred to herein as a "Reserve Account Credit Facility Substitute")
in an amount equal to the difference between the Debt Service Reserve
Requirement for such Series of Bonds and the sums then on deposit in
the applicable Debt Service Reserve Account, if any, which Reserve
Account Credit Facility Substitute shall be payable (upon the giving
of notice as required thereunder) on any Interest Payment Date on
which a deficiency exists which cannot be cured by funds in any other
account held pursuant to this Resolution and available for such pur-
pose under the terms and order of priority as established by this
Resolution. In addition, the City, at any time by subsequent pro-
ceedings of the Commission, may substitute a Reserve Account Credit
Facility Substitute for all or part of the moneys on deposit in any
of the Debt Service Reserve Accounts. Under such circumstances, the
principal amount of Reserve Account Credit Facility Substitute and
the moneys on deposit in such Debt Service Reserve Account shall be
in an amount equal to the Debt Service Reserve Requirement for such
Series of Bonds for which such Debt Service Reserve Account was
created. Such municipal bond insurer or bank in the case of a letter
of credit or line of credit shall be one whose municipal bond
-67- Pes. No. 98-91
insurance policies or unconditional direct pay letters of credit or
other type of credit enhancement insuring or guaranteeing the pay-
ment, when due, of the principal of and interest on municipal bond
issues results in such issues being rated in the highest rating cate-
gory by any Rating Agency or Agencies then rating the Bonds, and in
the case the provider of such Reserve Account Credit Facility
Substitute is an insurer, such insurer holds the highest policyholder
rating accorded insurers by the Rating Aqency or Aqencies then ratinq
the Bonds and by A.M. Best & Company, or any comparable service. If
a disbursement is made from a Reserve Account Credit Facility
Substitute, provided pursuant to this paragraph, the City shall be
obligated to reinstate the maximum limits of such Reserve Account
Credit Facility Substitute following such disbursement at the time or
times required by the issuer of the Reserve Account Credit Facility
Substitute, or, with the consent of the issuer of such Reserve
Account Credit Facility Substitute, to replace such Reserve Account
Credit Facility Substitute by depositing into the applicable Debt
Service Reserve Account from the Pledged Revenues, as herein pro-
vided, immediately, following the receipt of the consent of the
issuer of such Reserve Account Credit Facility Substitute, funds in
the maximum amount originally payable under such Reserve Account
Credit Facility Substitute, or any combination of such alternatives.
If a disbursement is made from more than one Reserve Account Credit
Facility Substitute and/or from moneys on deposit in more than one
Debt Service Reserve Account, the City shall be required to reinstate
-68- Hes. No. ')8-C\l
.1 ,~ ---------... - --"..-
each Reserve Account Credit Facility Substitute and/or make deposits
therein, as described above, on a pro rata basis. In the event a
Debt Service Reserve Account is funded, both with cash (including
Permitted Investments of such cash) and a Reserve Account Credit
Facility Substitute in the aforementioned manner, and it is necessary
to make payments attributable to debt service on the Series of Bonds
for which such Debt Service Reserve Account relates into the Interest
Account, Principal Account or Bond Redemption Account in the Sinking
Fund when moneys in the Sinking Fund are insufficient therefor, the
City covenants to deposit the cash (including Permitted Investments
of such cash) on deposit in such Debt Service Reserve Account into
such accounts in the Sinking Fund prior to making any disbursements
made from such Reserve Account Credit Facility Substitute.
Other than with respect to the income and investment earn-
ings derived from moneys and investments on deposit in any Debt
Service Reserve Account which are, by the terms of this Resolution,
required to be deposited in the Interest Account, whenever there is
on deposit in a Debt Service Reserve Account an amount in excess of
the Debt Service Reserve Requirement for the Series of Bonds for
which such Debt Service Reserve Account relates, the amount of such
excess shall be reduced in the following manner: (a) if there is on
deposit in the Debt Service Reserve Account a Reserve Account Credit
Facility Substitute, as provided herein, the principal amount thereof
shall be reduced by the amount of such excess, and (b) if there is on
deposit in such Debt Service Reserve Account, cash (or Permitted
-69- Pes. No. 98-91
--" ----..
Investments of such cash), the City shall reduce the amount of cash
and/or Permitted Investments of such cash in the Debt Service Reserve
Account in an amount equal to such excess. The cash and/or Permitted
Investments of such cash so withdrawn under clause (b) above shall be
deposited into any other account of the Sinking Fund or used for any
other lawful municipal purpose, as shall be determined at the option
of the Commission.
Each Debt Service Reserve Account shall be used only for
the purpose of making payments into the Interest Account, the
Principal Account and the Bond Redemption Account, as such payments
relate to debt service on the Series of Bonds for which such Debt
Service Reserve Account was created when the moneys in the Sinking
Fund are insufficient therefor: and provided further, however, that
moneys on deposit in a Debt Service Reserve Account may, upon final
maturity of the Series of Bonds for which such Debt Service Reserve
Account was created, be used to pay principal of and interest on such
Series of Bonds.
4. Pledged Revenues shall next be used, first, for the
repayment of any obligations owed to the provider(s) of a Reserve
Account Credit Facility Substitute (pro rata, if necessary), and
second, for the payment of any subordinated indebtedness hereafter
issued by the city in accordance with the proceedings authorizing
such subordinated indebtedness.
5. Thereafter, the balance of any Pledged Revenues
remaining in the Sinking Fund, after all payments above required have
-70- Res. No. 98-91
·
been made and all deficiencies thereof have been remedied, may be
released by the City from the lien of this Resolution and used for
any lawful municipal purpose.
6. The Sinking Fund, including the Interest Account,
Principal Account and Bond Redemption Account therein and all other
special funds and accounts that may be created and established under
this Resolution shall constitute trust funds for the Holders of the
Bonds, except that any Debt Service Reserve Account shall only con-
stitute a trust fund for the Holders of the Series of Bonds for which
such Debt Service Reserve Account relates. The amounts required to
be accounted for in each of the funds and accounts designated herein
may be deposited in a single bank account maintained by the City pro-
vided that adequate accounting procedures are maintained to reflect
and control the restricted allocations of the amounts on deposit
therein for the various purposes of such funds and accounts as herein
provided. The designation and establishment of funds and accounts in
and by this Resolution shall not be construed to require the estab-
lishment of any completely independent funds and accounts but rather
is intended solely to constitute an allocation of certain moneys
deposited therein for certain purposes and to establish such certain
priorities for application of certain revenues and assets as herein
provided.
Moneys on deposit in the Sin)(ing Fund may be invested in
u.s. obligations or any other Permitted Investments maturing not
later than such date or dates as the City shall determine.
-71- Res. No. ?8-91
Subject to the requirements under the Code and the Tax
Certificate, all income and earnings received from the investment and
reinvestment of moneys on deposit in the Sinking Fund shall be
retained in the Sinking Fund and used in the same manner as other
moneys on deposit therein.
The value of Permitted Investments on deposit in the funds
and accounts created and established under this Resolution, other
than any Debt Service Reserve Account, shall be the lower of par, or
if purchased at other than par, amortized value. Amortized value,
when used with respect to securities purchased at a premium above or
a discount below par, shall mean the value at any given date obtained
by dividing the total premium or discount at which such securities
were purchased by the number of interest payment dates remaining to
maturity on such securities after such purchase and by multiplying
the amount so calculated by the number of interest payment dates
having passed since the date of purchase; and (i) in the case of
securities purchased at a premium, by deducting the product thus
obtained from the purchase price, and (ii) in the case of securities
purchased at a discount, by adding the product thus obtained to the
purchase price.
7. Notwithstanding any provision in this Resolution to the
contrary, the City hereby reserves the right to make any of the pay-
ments required under this Resolution from any other legally available
source, and, to the extent that such payments shall have been made
-72- Pes. No. "I:;:!-Cil
-1,1 "---..~_.
when due, the corresponding payments from the Pledged Revenues may be
reduced.
8. At any time the Pledged Revenues on deposit in the
Sinking fund or any of the accounts created therein are insufficient
for the purposes intended, the city covenants to deposit additional
utilities Tax proceeds to cure such deficiencies.
E. DISCHARGE AND SATISFACTION OF BONDS. The covenants,
liens and pledges entered into, created or imposed pursuant to this
Resolution may be fully discharged and satisfied with respect to the
Bonds in anyone or more of the following ways:
(a) by paying the principal of and interest on
Bonds when the same shall become due and payable; or
(b) by depositing in the Interest Account,
Principal Account, Debt Service 'Reserve Account (but
only with respect to the Series of Bonds proposed to
be paid within the meaning of this subparagraph) and
the Bond Redemption Account, or in such other accounts
which are irrevocably pledged to the payment of the
Bonds, as the city may hereafter create and establish
by resolution, certain moneys which together with
other moneys lawfully available therefor and deposited
therein shall be sufficient at the time of such
deposit to pay the Bonds, the interest thereon and the
redemption premium, if any, as the same become due on
-73- Res. No. ?8-91
said Bonds on or prior to the redemption date or
maturity date thereof; or
(c) by depositing in the Interest Account,
Principal Account, Debt Service Reserve Account (but
only with respect to the series of Bonds proposed to
be paid within the meaning of this subparagraph) and
the Bond Redemption Account, or such other accounts
which are irrevocably pledged to the payment of the
Bonds as the City may hereafter create and establish
by resolution, moneys which, together with other
moneys lawfully available therefor, and deposited
therein when invested in Defeasance Obligations will
provide moneys which shall be sufficient to pay the
Bonds, the interest thereon and the redemption premi-
um, if any, as the same shall become due on said Bonds
on or prior to the redemption date or maturity date
thereof.
(d) Notwithstanding the foregoing all refer-
ences to the discharge and satisfaction of Bonds shall
include the discharge and satisfaction of any Series
of Bonds, any portion of a Series of Bonds, any matu-
rity or maturities of a Series of Bonds, any portion
of a maturity of a Series of Bonds or any combination
thereof.
-74- Pes. No. ?8-9J
Notwithstanding the foregoing, in the event that the
payment or deposit in the amount and manner provided in this
Resolution has been made by the Credit Facility Issuer under the
terms of its Credit Facility, the Credit Facility Issuer shall be
subrogated to the rights of the Holders of the Bonds and the liabil-
ity of the City, with respect thereto, shall not be discharged or
extinguished.
For the purposes of determining the amount of interest on
Variable Rate Bonds whether discharged and satisfied under the provi-
sions of subsections (a) , (b) and (c) above, the amount required for
the interest thereon shall be calculated at the Maximum Interest Rate
permitted by the terms of the provisions which authorized the issu-
ance of such Variable Rate Bonds.
Upon such payment or deposit in the amount and manner pro-
vided in this section 4.E, the Bonds shall no longer be deemed to be
outstanding for the purposes of this Resolution and all liability of
the City with respect to such Bonds shall cease, terminate and be
completely discharged and extinguished, and the Holders thereof shall
be entitled for payment solely out of the moneys or securities so
deposited.
In the case of Bonds which by their terms may be redeemed
prior to their stated maturity, the City shall give the Registrar, in
form satisfactory to the Registrar, irrevocable instructions:
-75- Res. No. ':18-'0)
- -_.~~--.
(i) stating the date when the principal of each such
Bond is to be paid, whether at maturity or on a redemption
date;
(ii) requiring the Registrar to call for redemption
pursuant to the terms of such Bonds any Bonds to be
redeemed prior to maturity pursuant to (i) hereof; and
(iii) requiring the Registrar to mail, as soon as
practicable, a notice to the owners of such Bonds that the
deposit required by this Section 4.E has been made and that
such Bonds are deemed to have been paid in accordance with
this section 4.E and stating the maturity or redemption
date upon which money is to be available for the payment of
the principal or redemption price, if applicable, on such
Bonds as specified in (i) hereof. Notwithstanding the
foregoing, the discharge and satisfaction of the Bonds
shall not be conditioned on the giving of such notices.
Notwithstanding anything contained in this section 4.E to
the contrary, the covenants, liens and pledges contained in this
Resolution shall not be fully discharged and satisfied until all
obligations owed to the provider(s) of the Reserve Account Credit
Facility Substitutes have been satisfied.
F. ISSUANCE OF OTHER OBLIGATIONS PAYABLE FROM THE
UTILITIES TAX PROCEEDS. The City will not issue any other obliga-
tions, except upon the conditions and in the manner provided herein,
payable from the utilities Tax proceeds nor voluntarily create or
-76- Res. No. ')8-°1
HI
·
cause to be created any debt, lien, pledge, assignment, encumbrance
or any other charge having priority over or being on a parity with
the lien of the Bonds issued pursuant to this Resolution and the
interest thereon upon any of the Pledged Revenues. Any obligations
issued by the City other than the Bonds authorized by this Resolution
and any pari passu additional Bonds issued under the terms, restric-
tions and conditions contained in this Resolution shall contain an
express statement that such obligations are junior, inferior and sub-
ordinate in all respects to the Bonds issued pursuant to this
Resolution as to lien on and source and security for payment from the
Pledged Revenues and in all other respects.
G. ISSUANCE OF PARI PASSU ADDITIONAL BONDS. No pari
passu additional Bonds, as in this subsection defined, payable pari
passu with Bonds issued pursuant to this Resolution shall be issued
after the issuance of the 1991 Bonds, except upon the conditions and
in the manner herein provided.
No such pari passu additional Bonds shall be issued unless
the following conditions are complied with:
(1) The City must be current in all deposits into
the various funds and accounts and all payments required to
have been theretofore deposited or made by it under the
provisions of this Resolution and any supplemental resolu-
tions hereafter adopted for the issuance of pari passu
additional Bonds and has complied with the covenants and
provisions of this Resolution, and any supplemental
-77- Res. No. ~8-91
resolutions hereafter adopted for the issuance of pari
passu additional Bonds.
(2) The utilities Tax proceeds collected by the City
during any twelve (12) consecutive months of the eighteen
(18) months immediately preceding the issuance of said pari
passu additional Bonds, as evidenced by a certificate exe-
cuted by the Finance Director of the City and as may be
adjusted, as hereinafter provided, will be equal to one
hundred twenty-five per centum (125%) of the Maximum Annual
Debt Service Requirement on (1) the Bonds originally issued
pursuant to this Resolution then outstanding, (2) any pari
passu additional Bonds theretofore issued and then
Outstanding, and (3) the pari passu additional Bonds then
proposed to be issued; provided that for the purpose of
determining the Maximum Annual Debt Service Requirement
under this section, the interest rate on Variable Rate
Bonds then outstanding shall be the greater of ( i) the
average daily interest rate on such Variable Rate Bonds
during the preceding Fiscal Year or (ii) the actual rate of
interest applicable to such Variable Rate Bonds on the date
of issuance of such Variable Rate Bonds; and provided, fur-
ther, that if pari passu additional Variable Rate Bonds are
to be issued the interest rate thereon shall be calculated
in accordance with the 30 year Revenue Bond Index as
published by The Bond Buyer as of the last week of the
-78- P'?s. No. '08-91
·
month preceding the date of issuance of such Variable Rate
Bonds, or if that index is no longer published, the inter-
est rate as of the last week of such month as published in
an index that is deemed to be substantially equivalent. If
the City, prior to the issuance of the proposed pari passu
additional Bonds shall have, by amendment or supplement to
the utilities Tax Ordinance, increased the utilities Tax to
be collected, the utilities Tax proceeds for the twelve
(12) consecutive months immediately preceding the issuance
of the pari passu additional Bonds shall be adjusted to
include the utilities Tax proceeds which would have been
collected by the City in such twelve (12) consecutive
months as if such increase in the utilities Tax had been in
effect during all of such twelve (12) consecutive months.
(3) In the event any pari passu additional Bonds are
issued for the purpose of refunding any Bonds then
Outstanding, the condition of (2 ) above shall not apply,
provided that the issuance of such pari passu additional
Bonds shall result in a reduction or shall not increase the
annual debt service payments over the life of the Bonds so
refunded.
The term "pari passu additional Bonds," as used in this
subsection, shall be deemed to mean additional obligations evidenced
by Bonds or other form of indebtedness permitted under the Act issued
under the provisions and within the limitations of this subsection
-79- Res: No. ':'8-9J.
-
payable from the proceeds of the utilities Tax deposited in the
Sinking Fund pari passu with Bonds originally authorized and issued
pursuant to this Resolution. Such Bonds shall be deemed to have been
issued pursuant to this Resolution, the same as the Bonds originally
authorized and issued pursuant to this Resolution, and all of the
covenants and other provisions of this Resolution (except as to any
Debt Service Reserve Account established for any Series of Bonds and
as to details of such Bonds evidencing such pari passu additional
obligations inconsistent therewith) shall be for the equal benefit,
protection and security of the Holders of any Bonds originally autho-
rized and issued pursuant to this Resolution and the holders of any
Bonds evidencing pari passu additional obligations subsequently
issued within the limitations of and in compliance with this
subsection. All of such Bonds, regardless of the time or times of
their issuance shall rank equally with respect to their lien on the
Pledged Revenues and their sources and security for payment therefrom
without preference of any Bonds, over any other.
The term "pari passu additional Bonds," as used in this
subsection, shall not be deemed to include bonds, notes, certificates
or other obligations subsequently issued, the lien of which on the
Revenues is subject to the prior and superior lien on the Pledged
Revenues for the payment of Bonds issued pursuant to this Resolution,
as provided in Article III, Section 4.F, of this Resolution, êmd the
City shall not issue any obligations whatsoever payable from the
Pledged Revenues, which rank equally as to lien on and source and
-80- R'?s- No. ~} 8 -91
...-." . ..........-.-.. .--.-
security for their payment from such Pledged Revenues with Bonds
issued pursuant to this Resolution, except in the manner and under
the conditions provided in this subsection.
In the event that the total amount of the 1991 Bonds herein
authorized to be issued are not issued simultaneously but from time
to time, such 1991 Bonds which are subsequently issued from time to
time shall not be subject to the restrictions, conditions and limita-
tions as to the issuance of pari passu additional Bonds, as provided
in this section 4.G, provided that such Bonds which are subsequently
issued shall be issued within six (6) months from the date the of the
1991 Bonds originally authorized hereunder are issued.
H. REMEDIES. Any Holder of Bonds issued under the provi-
sions of this Resolution, or any trustee acting for such Bondholders
in the manner hereinafter provided, may either at law or in equity,
by suit, action, mandamus or other proceedings in any court of compe-
tent jurisdiction, protect and enforce any and all rights under the
laws of the State of Florida, or granted and contained in this
Resolution, and may enforce and compel the performance of all duties
required by this Resolution, or by any applicable statutes to be per-
formed by the City or by any officer thereof, including the fixing,
charging and collecting of the proceeds of the utilities Tax.
In the event that default shall be made in the payment of
the interest on or the principal of any of the Bonds issued pursuant
to this Resolution, as the same shall become due, or in the making of
the payments into any reserve or sinking fund or any other payments
-81- Res. No. 98-91
.-.-.-.--.-
required to be made by this Resolution, or in the event that the city
or any officer, agent or employee thereof shall fail or refuse to
comply with the provisions of this Resolution, or shall default in
any covenant made herein, and in the further event that any such
default shall continue for a period of sixty (60) days, any Holder of
such Bonds, or any trustee appointed to represent Bondholders as
hereinafter provided, shall be entitled as of right to the appoint-
ment of a receiver of the proceeds of the utilities Tax in an appro-
priate jUdicial proceeding in a court of competent jurisdiction,
whether or not such Holder or trustee is also seeking or shall have
sought to enforce any other right or exercise any other remedy in
connection with Bonds issued pursuant to this Resolution.
The receiver so appointed shall forthwith, directly or by
his agents and attorneys, in the name of the City shall exercise all
the rights and powers of the City with respect to the utilities Tax
as the City itself might do. Such receiver shall levy, collect and
receive all of the proceeds of the utilities Tax in the manner pro-
vided in the utilities Tax Ordinance, where applicable, and this
Resolution, and comply under the jurisdiction of the court appointing
such receiver, with all of the provisions of this Resolution.
Whenever all that is due upon Bonds issued pursuant to this
Resolution, and interest thereon, and under any covenants of this
Resolution, for reserve, sinking fund or other funds, and upon any
other obligations and interest thereon having a charge, lien or
encumbrance upon the Pledged Revenues shall have been paid and made
-82- Res. No. '.:\8-91
",'
good, and all defaults under the provisions of this Resolution, shall
have been cured and made good, the right to levy, collect and receive
the proceeds of the utilities Tax shall be transferred to the city
upon the entry of an order of the court to that effect. Upon any
subsequent default, any Holder of Bonds issued pursuant to this
Resolution, or any trustee appointed for Bondholders as hereinafter
provided, shall have the right to secure the further appointment of a
receiver upon any such subsequent default.
Such receiver shall in the performance of the powers here-
inabove conferred upon him be under the direction and supervision of
the court making such appointment, shall at all times be subject to
the orders and decrees of such court and may be removed thereby and a
successor receiver appointed in the discretion of such court.
Nothing herein contained shall limit or restrict the jurisdiction of
such court to enter such other and further orders and decrees as such
court may deem necessary or appropriate for the exercise by the
receiver of any function not specifically set forth herein.
The Holder or Holders of Bonds in an aggregate principal
amount of not less than fifty-one per centum (51%) of Bonds issued
under this Resolution then outstanding may by a duly executed certif-
icate in writing appoint a trustee for Holders of Bonds issued pursu-
ant to this Resolution, with authority to represent such Bondholders
in any legal proceedings for the enforcement and protection of the
rights of such Bondholders. Such certificate shall be executed by
-83- Res. No. ':\8-91
.1"1
such Bondholders or their duly authorized attorneys or
representatives, and shall be filed in the office of the City Clerk.
Any exercise of a remedy set forth in this section 4.H
shall be subject to the consent of the Credit Facility Issuer, if
any, and the Credit Facility Issuer shall have the right, acting
alone, to exercise said remedies as long as it has not defaulted in
its obligations under its Credit Facility. If there are more than
one Credit Facility Issuer providing Credit Facilities for the Bonds,
only the consent of the Credit Facility Issuers providing Credit
Facilities for more than fifty percent (50%) of the Bonds outstanding
shall be required.
1. ENFORCEMENT OF COLLECTIONS. The City will diligently
enforce and collect the utilities Tax and take all steps, actions and
proceedings reasonably necessary for the enforcement and collection
of the utilities Tax which shall become delinquent to the full extent
permitted or authorized by the laws of the state of Florida.
ARTICLE IV
MISCELLANEOUS PROVISIONS
SECTION 1. MODIFICATION OR AMENDMENT. Except as otherwise
provided in the second paragraph hereof, no material modification or
amendment of this Resolution, or of any resolution amendatory thereof
or supplemental thereto, may be made without the consent in writing
of the Holders of two-thirds or more in principal amount of the Bonds
then Outstanding; provided, however, that no modification or
-84- Res. No. 98-91
- .:;r.,;
amendment shall permit a change in the maturity of such Bonds or a
reduction in the rate of interest thereon, or affecting the uncondi-
tional promise of the city to levy and collect the utilities Tax or
to pay the interest of and principal on the Bonds, as the same mature
or become due, from the proceeds of the utilities Tax or reduce the
percentage of Holders of Bonds required above for such modification
or amendments, without the consent of the Holders of all the Bonds.
This Resolution may be amended, changed, modified and
altered without the consent of the Owners of Bonds, (i) to cure any
ambiguity, correct or supplement any provision contained herein which
may be defective or inconsistent with any other provisions contained
herein, ( ii) to provide other changes which will not adversely affect
the interest of such Owners, (iii) to implement a Credit Facility or
a Reserve Account Credit Facility Substitute, (iv) to maintain the
exclusion of interest on the Bonds from gross income for Federal
income tax purposes, (v) to implement or discontinue a Book-Entry
System, or (vi) to secure or maintain a rating on the Bonds.
For purposes of this Section 1, to the extent any Series of
the Bonds are secured by a Credit Facility and such Bonds are then
rated in as high a rating category in which such Bonds was rated at
the time of initial issuance and delivery thereof, by any Rating
Agency or Agencies rating such Series of Bonds, then the consent of
the Credit Facility Issuer shall constitute the consent of the
Holders of such Series of Bonds to the extent the terms and
provisions of the commitment of the Credit Facility Issuer so
-85- p~s. No. 98-91
·1'·1
provide; and further, that such Credit Facility Issuer is not in
default under its Credit Facility.
SECTION 2. SEVERABILITY OF INVALID PROVISIONS. I f anyone
or more of the covenants, agreements or provisions of this Resolution
should be held contrary to any express provision of law or contrary
to the policy of express law, though not expressly prohibited, or
against public policy, or shall for any reason whatsoever be held
invalid, then such covenants, agreements or provisions shall be null
and void and shall be deemed separate from the remaining covenants,
agreements or provisions, and shall in no way affect the validity of
any of the other provisions of this Resolution or of the Bonds.
SECTION 3. SALE OF BONDS. The Bonds shall be issued and
sold at one time or from time to time, in such manner and at such
price or prices consistent with the provisions of the Act and the
requirements of this Resolution as the Commission shall hereafter
determine by subsequent proceedings.
SECTION 4. BOND ANTICIPATION NOTES. The City may, if it
determines it to be in its best financial interest, issue its bond
anticipation notes in order to temporarily finance the costs of a
municipal capital project or improvement as provided in this
Resolution. The City shall by proper proceedings authorize the issu-
ance and establish the details of such bond anticipation notes pursu-
ant to the provisions of Section 215.431, Florida statutes, as
amended. In connection with such bond anticipation notes, the City
is hereby authorized to enter into line of credit agreements, loan
-86- Res. No. ~'8 -9l
"'~
agreements or similar arrangements (collectively referred to as
"Financing Agreements") with banks or similar financial institutions
for the purpose of financing the costs of a capital project or
improvement permitted under the Act. The city is authorized to issue
one or more bond anticipation notes to such banks or financial insti-
tutions to evidence its obligation to repay loans made under such
Financing Agreements.
SECTION 5. REPEALER. That all resolutions or riders or
parts thereof in conflict herewith are to the extent of such conflict
hereby repealed.
SECTION 6. CREDIT FACILITY ISSUER; DEFAULT. Notwithstanding
any of the provisions of this Resolution to the contrary, all of the
rights of any Credit Facility Issuer, granted herein shall be null
and void if the Credit Facility Issuer is in default under its credit
Facility.
SECTION 7. V~DATION. That the City Attorney shall, if
directed by the Commission, take appropriate proceedings in the
Circuit Court of the Fifteenth Judicial Circuit of Florida in and for
Palm Beach County for the validation of any Series of Bonds, and the
Mayor and City Clerk are hereby authorized to sign any pleadings in
such proceedings for and on behalf of the city.
-87- Pes. No. °8-91
.. .H'I
EFFECTIVE DATE. This Resolution shall take effect immedi-
ately upon its passage.
PASSED AND ADOPTED in regular session on this the 3rd day
of December, 1991-
CITY OF DELRAY BEACH, FLORIDA
By:
Attest: Mayor
City Clerk
Date of Adoption: December 3,
1991
-88- Pes. No. ':1~-C)J
· ,
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: WCITY MANAGER
SUBJECT: AGENDA ITEM # iC- MEETING OF DECEMBER 3, 1991
EXPANSION OF MEMBERSHIP AND SCOPE OF RESPONSIBILITY OF
THE NEIGHBORHOODS TASK TEAM
DATE: NOVEMBER 26, 1991
The item before the Conunission is that of consideration of
expanding the membership of the Neighborhood Task Team to provide
for representation of all neighborhoods as defined and to
authorize a change in their scope of responsibility to include
the review and analysis of specific recommendations to amend the
Code of Ordinances for specific Code Enforcement activities, and
to authorize the NTT to meet monthly for six months.
At a meeting with a citizen group on November 15, 1991, it was
determined that we were in need of additional ordinances that
would provide better means of enforcing and mitigating certain
substandard conditions occuring throughout various neighborhoods.
It was determined that staff should propose language for new or
amended ordinances, but that an effective citizens review and
support process be developed. The group suggested that the
Neighborhoods Task Team be expanded to include representation of
all neighborhoods. Attached in the backup information is a list
of the Neighborhood Task Team. The only area not covered by the
first Task Team is Breezy Ridge Estates; however, there are two
other areas (Country Manors and Osceola Park) which will need
representation since the former members cannot serve again.
We would like to have these appointments completed at the
December 10th meeting so that proper notice for a January meeting
may be accomplished.
Recommend approval to reconstitute the Neighborhoods Task Team,
expanding the membership to include representation of all
neighborhoods, approval of an expanded scope of responsibilities
associated with Code Enforcement activities to this group, and
approval to meet monthly through June, 1992.
'"I'~
. .
.
. Agenda Item No.:
AGENDA REQUEST
Date: 11/25/91
Request to be placed on:'
X Regular Agenda Special Agenda Workshop Agenda
When: 12/3/91
Description of agenda item (who, what, where, how much):
Expansion of the Neighborhood Task Team and Related Responsihilities
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Approval to reconstitute NTT
Department Head Signature: ~~~ -
Determination of Consistency with Comprehensive Plan:
City Attorney Review/ Recommendation ( if appl icable) :
Budget Director Review (required on all items involving expenditure
of funds):
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
/"",,
Approved for agenda: @~)/ NO (~
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
MEMORANDUM
TO: DAVID HARDEN, CITY MANAGER
COMMUNITY IMPROVEMENT~
FROM: LULA BUTLER, DIRECTOR,
RE: CITY COMMISSION CONSIDERATION OF EXPANDING THE
MEMBERSHIP AND SCOPE OF RESPONSIBILITY OF THE
NEIGHBORHOOD TASK TEAM
--
DATE: NOVEMBER 23, 1991
ITEM BEFORE THE COMMISSION:
- -
Consideration of expanding the membership of the Neighborhood
Task Team to provide for representation of all neighborhoods as
defined by staff and to authorize a change in their scope of
responsibility to include the review and analysis of specific
recommendations to amend the Code of Ordinances for specific Code
Enforcement activities. To authorize the NTT to meet monthly for
a period of six months for the expanded purpose.
BACKGROUND:
The NTT was established by the City Commission with formal
adoption of Resolution #68-90, July, 1990. Twenty-three (23)
persons representing 18 neighborhoods were appointed to this task
team. Commission required that this ad-hoc advisory committee be
sunset as of January 31, 1991, and authorized quarterly meetings
pursuant with the adoption of the final report, for the committee
to assess the fact that activities recommended in their report
are being funded and carried out in a timely manner.
At a meeting with a citizen group on November 15, 1991, it was
determined that we were in need of additional ordinances that
would provide better means of enforcing and mitigating certain
substandard conditions occuring throughout various neighborhoods.
It was determined that staff should propose language for new or
amended ordinances but that an effective citizens review and
support process should be developed. The Mayor suggested that a
reconstituted Neighborhood Task Team could be the citizen review
process, who could both review staff recommendations and provide
a list of types of ordinances and standards needed to stablize
neighborhoods for staff. The group suggested the NTT be expanded
to include representation of all neighborhoods.
Neighborhood Task Team
November 23, 1991
page 2
We have surveyed existing Task Team members and have attached for
your approval, those members who would be willing to serve again.
I have also attached the attendance list from previous
activities. I would need direction on expanded memberships. We
could develop a proposed list for Commission consideration or
have Commission bring in their own or a combination of the two.
Staff would like to have the appointments completed at the
December 10th meeting so that proper notice for a January meeting
may be accomplished.
RECOMMENDATION:
Staff is recommending City Commission approval to reconstitute
the Neighborhood Task Team, expanding the membership to include
representation of all neighborhoods and that Commission approve
an expanded scope of responsibilities associated with Code
Enforcement activities to this group. If approved, we recommend
that the NTT meet at least monthly through June, 1992 for this
purpose.
LB:DQ
Attachments
d11
NTT.DH
"~ ...
NEIGHBORHOOD TASK TEAM
--
ATTENDANCE
8/30 9/6 9/13 9/20 9/27 10/4 10/11
Jean Beer N/A N/A N/A P P P P
Veronica Bowleg A P P P A A ?
Lillie Harris A P A A A A A
June Carr P P P P P P P
J. Pierre-Paul Cadet N/A N/A N/A P P P P
Eather Mae Collins P A P P P P P
Deborah Dowd P P P P P P P
Wanda Gadson P P P P P P P
William Harris N/A N/A P P P P P
Deanne Hartman P P P 1'" p P P
Sandy Jamison P P P P P P P
Jim Johnson P P P A P P P
Frank McKinny P P P P P P P
Joann Peart P A P A P P P
Timothy Riggs P A A A A A A
Rosetta Rolle P A P - P A P A
Dick Sheremeta P P P P P A P
Frank Spence P p A P A P P
Dorothy Sutton P A P P P A P
Elijah weatherspoon P p P P A P P
Steve Wexel P A P P P P A
Gene White N/A N/A P P A A A
Alice Williams A A A A P A A
-
.
,~ ,~
NEIGHBORHOOD TASK TEAM
--
ATTENDANCE
10/25 11/1 11/8 11/15 11/29 12/6 12/13
Jean Beer P P A P A P P
Veronica Bowleg P A P P P A P
Lillie Harris N/A N/A N/A N/A N/A N/A N/A
June Carr P P P P P P A
J. Pierre-Paul Cadet P P P A A P P
Eather Mae Collins P P P P P P P
Deborah Dowd A P P A P P P
Wanda Gadson P P P P P P P
William Harris P A P P P P A
Deanne Hartman P A P "p A P P
Sandy Jamison P P P P P P P
Jim Johnson P P P P P P P
Frank McKinny P P P P P P P
Joann Peart P P P P P P P
Timothy Riggs A A A A A A A
Rosetta Rolle P - A P P P ALT A
Dick Sheremeta P A P P A A P
Frank Spence P P P P P P P
Dorothy Sutton A P A P A A A
Elijah Weatherspoon P P P P P P P
Steve Wexel A A P P P A P
Gene White A A A A A A A
Alice Williams P P A A A A A
-
.
,~'" . z4.;~.; _
NEIGHBORHOOD TASK TEAM
--
ATTENDANCE
1/3 1/10 1/17 1/24 1/31
Jean Beer P P A P A
Veronica Bowleg P P P P P
Lillie Harris N/A N/A N/A N/A N/A
June Carr P A P P P
J. Pierre-Paul Cadet A P P P A
Eather Mae Collins P P A P P
Deborah Dowd P P P P P
Wanda Gadson P P P P P
William Harris P P P A P
Deanne Hartman A P P P P
Sandy Jamison P P P A P
Jim Johnson P P P A P
Frank McKinny P P P P P
Joann Peart A P P P P
Timothy Riggs A A A A A
Rosetta Rolle P P A P P
Dick Sheremeta P P A P P
Frank Spence P P P P P
Dorothy Sutton A P A P P
Elijah Weatherspoon P A P P P
Steve Wexel P A A P P
Gene White A A A A A
Alice Williams A A A A A
~._-,-,..1::(:,;~::~.;: ,.-:' '"
NEIGHBORHOOD TASK TEAM
--
Jean Beer
945 Tropic Blvd.
Delray Beach, FL 33483
272-4231
Planning and Zoning Bd
Veronica Bowleg
760 SW 10th Ave, Apt L5
Delray Beach, FL 33444
243-8218
Area 1 (SW area, Carver Estates)
Lillie Harris (Alternate)
1161 SW 7th Ct, Apt S24
Delray Beach, FL 33444
Area 1 (SW area, Carver Estates)
June Carr
110 Wilson Avenue
Delray Beach, FL 33483
272-7023
Area 10 (Silver Terrace)
J. Pierre-Paul Cadet
702 W. Atlantic Avenue
Delray Beach, FL 33444
276-3000
Haitian Chamber of Commerce
Eather Mae Collins
519 SW 6th Street
Delray Beach, FL 33444
278-2887
Area 4 (SW, CD Target Area)
Deborah Dowd
7 NE 16th Court
Delray Beach, FL 33483
241-2260
Area 3 (NE area, north of 8th St)
Wanda Gadson
305 SW 9th Street
Delray Beach, FL 33444
265-3318
Area 1 (SW area, CRA)
William Harris
331 NE 8th Avenue
Delray Beach, FL 33444
278-4952
Area 9 (Del-Ida area)
,'I ~
Neighborhoods Task Team
Page 2
Deanna Hartman
2475 Sundy Avenue
Delray Beach, FL 33444
272-0786
Area 11 (SE area)
Cecil (Sandy) Jamison
515 N. Swinton Avenue
Delray Beach, FL 33444
272-7726
Area 15 (Del-Ida area)
James A. Johnson
310 SE 1st Street
Delray Beach, FL 33483
243-1715
(Former Atlantic Ave Task Team Member)
Frank McKinny
248 NE 1st Avenue
Delray Beach, FL 33444
274-9696
Bankers Row
Joann Peart
107 NW 9th Street
Delray Beach, FL 33444
276-8968
Historic District
Rosetta Rolle
Delray Beach Housing Authority
301 NW 3rd Avenue
Delray Beach, FL 33444
276-7680
Dick Shermeta
Chamber of Commerce
101 SE 6th Avenue
Delray Beach, FL 33483
276-7300
Chris Brown
Community Redevelopment Agency
1 SE 4th Ave, Suite 204
Delray B+ach, FL 33483
276-8640
,""
·
Neighborhoods Task Team
Page 3
Lynn Stokes
1220 Southways
Delray Beach, FL 33483
278-7724
Housing Element
Willie Williams
(Recommended replacement for Dorothy Sutton)
Area 4 (NW area)
Elijah Weatherspoon
WAPOA
209 SW 2nd Street
Delray Beach, FL 33444
278-4240
Steve Wexel
2710 Florida Blvd.
Delray Beach, FL 33483
272-2710
Area 16 (SE area)
Joan Rainford
Area 14 (Delray Shores Area)
NEIGHBORHOODS THAT NEED REPRESENTATION
--
Country Manors
Osceola Park
NEIGHBORHOODS ROT REPRESENTED BY FIRST TEAM
- --
Breezy Ridge Estates
NTT
List.NTT
11/91
NEIGHBORHOODS ASSESSED BY THE NEIGHBORHOODS TASK TEAM
DESCRIPTION OF NEIGHBORHOOD BOUNDARIES
Listed below are the area boundaries and categorization for each
area as depicted on the attached map:
1. Southwest 1st street south to 10th Street
Between 10th Avenue and Swinton Avenue
REVITALIZATION/REHABILITATION
~ Atlantic High School Area -
~.
Gulfstream south to 22nd Street
Between Seacrest and Dixie Highway
STABILIZATION/REVITALIZATION
3. 22nd street south to 8th street
Between Swinton Avenue and Federal Highway
STABILIZATION REVITALIZATION
4. Northwest - Lake Ida Road to Atlantic Avenue
Between I-95 and Swinton Avenue
REVITALIZATION/REHABILITATION
5. Atlantic Avenue Corridor
REDEVELOPMENT
6 . southwest lOth Street to Linton Boulevard
Between 1-95 and Germantown Road
REDEVELOPMENT
7 . Southeast Atlantic Avenue south to lOth Street
Between FEC railroad tracks and Federal Highway
REDEVELOPMENT
8. Allen Avenue south to 8th Street
Between Federal Highway and the Intracoastal
STABILIZATION/REVITALIZATION
9 . Northeast 8th Street south to Northeast 2nd Street
Between Northeast 7th Avenue and the Intracoastal
STABILIZATION/REVITALIZATION
10. Silver Terrace
Southeast lOth Street south to Delray Mall
Between Dixie Highway and Federal Highway
REVITALIZATION/REHABILITATION
-43-
:l. Sot.:the3.st 10th str-?~t .3outh ts Li.::'S:.:·n =:.c·Jl:?":arc:.
Betweer- Southeast 4t::-: 3.nd Swinton Av-?nue
REVITALIZATION/REHABILITATION
1'::. Rainbow Homes
West :,f :,:;ongress Þ:.re:l'.le
Between Lawson ~~d ~l:lt::! B:JU~e~;2rds
2rr~;3 IL:: ZÞ.TI~JN
1) Breezy Ridçe Es'ta::es
'::a\llS R:ad
3T.:;BIL1 ZATICN
14. Delra'c' Shores
S'TA3ILIZATION
, r= De: lea
... J .
4th Street north t:) 8th street
Between Swin :on AVellL:e and the FEC Rallroad Tr3C~S
STABILIZATION/REJITALIZATION
16. Lamat Avenue
,-;venue F south ::0 Aven'.le H
Between Feder:Ü E-1 i glr" a y 3.nd Florida Bo~levard
REDEVE:"OPMENT
17. Atlantic Avenue south to southeast 1Cth street
Be:ween Federal Highway and the Intracoastal
STABILIZATION
-44-
,
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~TY MANAGER
SUBJECT: AGENDA ITEM # 9 . D. - MEETING OF DECEMBER 3, 1991
ADDITIONAL SCOPE OF SERVICES/WILLIAMS, HATFIELD,
STONER/PINEAPPLE GROVE PROJECT.
DATE: NOVEMBER 26, 1991
This item is before you to approve an increase in the contract
amount to Williams, Hatfield and Stoner, to modify engineering
plans to provide for a positive drainage system for the Pineapple
Grove Project. The contract price would be increased by
$7,201.00; the current contract price is $9,994.00.
In February 1991 the Commission reviewed the landscape/hardscape
plans for Pineapple Grove Way and requested that the parking
spaces be deleted to accommodate landscape nodes outside of the
sidewalk. The creation of these nodes would no longer permit the
flow of water to the catch basins at the intersections and 4 inch
P.V.C. pipes were planned to be installed through the nodes to
carry water. Construction, however, revealed the 4 inch P.V.C.
pipes intended to provide for this drainage in many areas were
not acceptable or functional.
Our engineering division has reviewed this situation and
determined that the only valid solution is to construct a
positive drainage system, whereby inlets are installed on the
high side of the nodes which would then be connected to the storm
sewer along the west side of the road.
Recommend approval of an increase in the contract amount of
$7,201.00 to Williams, Hatfield and Stoner, to modify engineering
plans to provide for a positive drainage system for the Pineapple
Grove Project.
~ Lf-lo /
(LLjí:CIJ dSSE/Jí7/7C¡ )
'''N
~ L'\
, ,"'y\ /'1
L ; . .
MEMORANDUM
----------
TO: DAVID HARDEN, CITY MANAGER
FROM: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT
RE: PINEAPPLE GROVE WAY - ADDITIONAL SCOPE OF SERVICES/WILLIAMS,
HATFIELD, STONER
DATE: NOVEMBER 26, 1991
ITEM BEFORE THE COMMISSION:
- -
Approval for an increase in the contract amount to Williams, Hatfield and
Stoner, to modify engineering plans to provide for a positive drainage
system for the Pineapple Grove Project. Contract price would be increased by
$ 7,201. 00. Current contract price is $9,994.00.
BACKGROUND:
In February 1991 the City Commission reviewed the landscape/hardscape plans
for Pineapple Grove Way. At that time, the shade trees were all located
within the sidewalk areas. The Commission requested that parking spaces be
deleted to accommodate landscape nodes outside of the sidewalk.
Additionally, some easements were obtained from adjacent property owners to
plant trees on private property. Williams, Hatfield, Stoner revised the
plans to address the Commission's comments.
The creation of the landscape nodes in areas previously used for parking
would no longer permit the flow of water to the catch basins at the
intersections. In an attempt to provide for drainage, 4" P.V.C. was to be
installed through the nodes to carry the water. The plans were reviewed by
City Engineering without comment relative to the proposed drainage.
Construction revealed that there were many areas where a 4" P.V.C. pipe
could not be used, since the actual curb height was not a true six inches. A
minimum of 2 inches of concrete curbing above the pipe was needed. Going
with a smaller diameter of P.V.C. was not acceptable to Engineering, as the
pipe would be continually clogged with debris, and the pipe diameter was
insufficient to carry the volume of water needed.
City Engineering reviewed the situation and determined that the only valid
solution was to go with a positive drainage system, whereby inlets were
installed on the high side of the nodes which would then be connected to the
storm sewer along the west side of the road.
RECOMMENDATION:
We recommend City Commission approval for the increase in fees for
additional scope of services to Williams, Hatfield and Stoner in the amount
of $7,201.00.
...
.. r; 0
'-'
WILLIAMS, HATFIELD 8 STONER, INC.
COMJu!ting Engineers. PJ4nlIcrs . Survcyors
AIRPORTS
1325 S. CONGRESS AVENUE SUITE 118 HIGHWAYS & BRIDGES
BOYNTON BEACH, FLORIOA 334245 WATER & SEWER SYSTEMS
LAND SURVEYS
407/738 -0133 SUBDIVISION DEVELOF>MENT
November 14, 1991 DRAINAGE & WATER MANAGEMENT
F>ORT & MARINE F'ACILITIES
MUNICIF>AL ENGINEERING
Ms. Nancy Davila
City of Delray Beach
100 Northwest 1st Avenue
Delray Beach, Florida 33444
Dear Nancy:
PINEAPPLE GROVE 'YAY IMPROVEMENTS
ENGINEER'S PROJECf NO. 2883-01
This is in response to our meeting of Wednesday, November 13. 1991 concerning drainage
modifications to the subject project. WHS will modify the plans to include positive drainage by
adding inlets at the low points of the intersection/landscape pods and pipe to connect to the
existing storm sewer system along the west side of Pineapple Grove Way. Additionally,
intersection radial returns will be reviewed, along with handicap access, and modified where
possible.
Additional Survey Data
2 MC 12 Hrs. @ $ 70.00/Hr. = $ 840.00
Re-design (Including Meetings with Staff)
Engineer 9 2 Hrs. @ $138.00/Hr. = $ 276.00
Engineer 6 16 Hrs. @ $ 85.50/Hr. = $1,368.00
Engineer Tech 4 4 Hrs. @ $ 58.00/Hr. = $ 232.00
Draftsman 2 16 Hrs. @ $ 39.50/Hr. = $ 632.00
CADD 8 Hrs. @ $ 20.00/Hr. = $ 160.00
Construction Cost Estimate (Drainage Modifications Only)
Engineer 6 4 Hrs. @ $ 85.50/Hr. = $ 342.00
Shop Drawing Review
Engineer 9 1 Hr. @ $138.00/Hr. = $ 138.00
Engineer 6 4 Hrs. @ $ 85.50/Hr. = $ 342.00
2883g001.wp
" jot
'" 0 0
,
-
Page 2
November 14, 1991
Ms. Nancy Davila
city of Delray Beach
Construction Administration lincludinq determination of newly
constructed facilities which need to be removed/modified)
Engineer 9 2 Hrs. @ $138.00/Hr. = $ 276.00
Engineer 6 12 Hrs. @ $ 8S.S0/Hr. = $1,026.00
Engineer Tech 4 24 Hrs. @ $ S8.00/Hr. = $1,392.00
Word Processor 1 6 Hrs. @ $ 29.S0/Hr. = $ 177.00
Total Lump Sum = $7,201.00
---------
---------
We await your authorization to proceed.
Very truly yours,
I 42~ ~ I
'-Î/1 ~
/~;}> J~1-4!.'V
,";/
Nancy Lee Hurlbert
Project Manager
NLH/mkb
2883gOOl.wp WILLIAMS. HATFIELD 8 STONER. INC.
Consulting EngifU!ers . Planners . Surveyors
".
. .
M E M 0 RAN DUM
TO: ~~OR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT: AGENDA ITEM : : q . E. - MEETING OF DECEMBER 3, 1991
COUNTY COMMISSION DISTRICT BOUNDARIES
DATE: NOVEMBER 27, 1991
This item is before the Commission to consider which set of
proposed County Commission district boundaries would be most
appropriate for Delray Beach.
We have received four alternate proposals from Commissioner
McCarty's office. Please note that Plan A and Plan A-I are
identical with respect to Delray Beach. It is our understanding
that Plan C shows the most similar configuration to the existing
district boundaries. We will attempt to provide you with a copy
of the existing boundary map prior to the meeting. Copies of the
four proposals are attached for your review. For each proposal,
we have provided a Countywide map as well as a magnified map of
the south County area.
Recommend consideration of the proposed County Commission
district boundaries.
~ .
Inter-Office Communication
Palm Beach County
DATE: November 12, 1991
TO: The Honorable Thomas E. Lynch
and Members of the City Commission ~
FROM: Frank Spence, Aide to Commissioner McCarty
RE: PROPOSED COUNTY COMMISSION DISTRICTS
-----------------------------------------------------------------
-----------------------------------------------------------------
Please find attached copies of four (4) alternate proposals for
changing the boundaries of County Commission Districts.
Commissioner McCarty requests the City Commission to review the
proposals at your next Workshop meeting to determine if the City of
Delray Beach has a preference.
Signed~ 1/ ~ c.-e.-
Frank Spence
FS:cbt
cc: City Manager David Harden
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~CITY MANAGER
SUBJECT: AGENDA ITEM # 9 r F. - MEETING OF DECEMBER 3, 1991
RESOLUTION NO. 95-91
DATE: NOVEMBER 27, 1991
This is a resolution authorizing execution of railroad crossing
agreements and other related agreements which transfer
maintenance responsibility from the State to the City for the
Florida East Coast Railway crossing on East Atlantic Avenue.
At your November 26, 1991 meeting, this item was deferred in
order for staff to address additional concerns and questions
raised by the Commission with respect to liability, hold harmless
provisions and necessity. Attached as additional backup is a
memorandum from the City Attorney's office which will, hopefully,
address those concerns raised.
The resolution and agreement must be executed and delivered to
the Department of Transportation by December 9, 1991.
Recommend approval of Resolution No. 95-91.
~ 3f:dd.-
LLyncJì ct- A-nDetW5 D (SS Ef)í7 rx¡)
".
,ORNEY'S OFFICE TEL No. 407 278 4755 Nov 27,91 14:03 P 02
. . .
It
:', "',,, ';"\,
'I. ...~
..c¿~
'ITY DF DELARY IEREM '
,1'-
CITY .'nORNEY'S OFFICE 200 NW 1st AVENlJ~ . DELKAY BEACH, PLOII.1D^ 33444
" FACSIMILE 407/278-4755 .rs.t:....·. I:U.~_Ot:. L...n.
(407) 243-7090
MIMORANDUM
Date: November 27, 1991
TO: City Commission
David Harden, City Manager
From: David N. Tolces, Assistant City Attorn~
subject: FEC Railroad Cross1ng on Atlantic Avenue
On May 6, 1988, the state Department of Transportation approved
the transfer of jurisdiction of Atlantic Avenue from the stat~
highway system to the Delray Beach city street system.
Pursuant to Florida statutes Section 335.04(l)(C), at the time
that the transfer of jurisdiction over the road occurred, all
obligations of the State Department ot Transportation under any
maintenance agreement relating to railroad crossings were to be
transferred to the City. Thul, as part of the transfer of
control Of Atlantic Avenue, the City also assumed responsi-
bility for the maintenance for the FEC crossing on Atlantic
Avenue.
Approval of the resolution will allow the Department of
Transportation to assign its rights and responsibilities under
the agreement with the FEC to the City. Pursuant to Paragraph
2 of the agreement entered into in 1978, the City will now be
responsible for 50' of the maintenance cost for maintaining the
FEC crossing on Atlantic Avenue. The maintenance company
contracts with the FEC Railway Company for annual maintenance
of the crossing. There is no additional responsibility for the
City to contract out maintenance work.
Regaröing concerns about liability, because the City is
assuming the Department's rights 1n the 1978 agreement,
Paragraph 7 of the agreement will require the company
maintaining the crossing to indemnify, defend, save harmless
anÖ exonerate the City from all liab1lity, claims and demands
arising out of the maintenance work done by the company. Thus,
the City is adequately protected from any claims arising from
faulty maintenance of the railroad crossing.
I believe this memo has addressed the concerns raised at your
November 26, 1991 meeting. If you have any other questions,
plea.e call.
DNT: sh
.c__ ... ~__~
'ORM 72S-01O·.7·. nATI 04' PlOfllOA OIJlNmWCT OP nweøotItA'nOM
"ULAC" U2·UA onICIOI' 'IIIUC TRA*HMAnoN
10'" . RAILROAD TRANSFER AGREEMENT
'''. t 01 2
GRADE CROSSING AND TRAFFIC CONTROL DEVICES
(DOT '0 MUNICIPAL)
COUNTY SECTION JOB NUMBER ROAD ~AME OR NUMBER COUNTY NAMe PARceL & AIW HUM.A flAP HUMBeR
93 030 6901 W. ATLANTIC AVE. PALM BEACH 1 (93550-SIGR)
THIS AGREEMENT, made and entered Into this 3 day of ~r/£U ,19 9/ ,
by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATIO,N. hereinafter
called the DEPARTMENT, and FLORIDA EAST COAST RAILWAY COMPANY ·
a corporation organized and existing under the laws of FLORIDA
·
with Its principal place of business In the City of SAINT AUGUSTINE ·
County of SAINT JOHNS , State of FLORIDA , hereinafter called the COMPANY;
and the City of DElRAY BEACH . a munIcIpal corporation, hereinafter called the CITY.
WITNESSETH:
WHEREAS, the Legislature of the State of Florida In 1977 enacted Chapter 77-165 (amended 1985),
which In part, provides for the transfer of tax funds and maintenance responsibilities of certain public
roads In the State from the DEPARTMENT to the CITY; and
WHEREAS, Section 7 Chapter 77-165 (F.S. 335.04(1» provided for the transfer of Railroad Crossing
Agreements and other agreements, hereinafter referred to as "Existing Agreements," in those roads to
occur at the same time; and
WHEREAS, F.S. 335.04(3) requires the CITY to sign an agreement with the DEPARTMENT covering
the transfer of mainteanance responsibility for any portion of a road constructed with federal assistance;
and
WHEREAS, the parties therefore wish to provide for the orderly transfer of such existing Agreements;
and
NOW, THEREFORE, In consideration of the mutual undertakings aa herein set forth. the parties hereto
agree as follows:
1. The DEPARTMENT assigns all of Its rights and duties In the Exlltlng Agreements listed in exhibit
"Au to the CITY. The Existing Agreementl are modified only to the extent that the CITY II substituted
in place of the DEPARTMENT 8S 8 party to the Existing Agreements. and II subJect to all rights and
duties contained therein. Attached to the CITY counterpart Is a copy of all agreements listed In exhibit
"Att,
2. The CITY accepts the foregoing assignment and assumes all obligations and duties thereunder.
3. The COMPANY agrees to the foregoing assignment and shan look 80lelyto the CITY for the
performance under the Existing Agreements.
4. This Agreement shall take effect on the same date of the transfer of maintenance responsibility
of the roads listed In exhibit "Au from the DEPARTMENT to the CITY al provided by F.S. 335.04(1 Hb)2.
5. That the CITY, by Resolution No. 9.5- 91 . has authorized execution of this Crossing Transfer
Agreement by the Mayor and City Clerk on Its behalf.
,
f01l1A nS·01O·4'..
.1II!PLAC!.I.ua.UA
10111
'''. . .u
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their duly
authorized officers, and their of!lcial seals hereto affixed, the day and year first above written.
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
BY: ~ ~ (SEAL)
Oi striJjt IV ~cre~
C· .~,. . ~~
ATTEST: ~c.....'~ 0· '::: ~~'J
Secretary
COMPANY: FLORIDA EAST COAST RAILWAY COMPANY
---'J
~r:--, -{' ';
By~-j I' \ . (SEAL)'
ATTEST:
CITY OF DELRAY BEACH . FLORIDA
BY: ,/;/,i!;1jf;¿ -- (SEAL)
(Tltíe: . ¥ )
ATTEST; Q{,,-.(;n'f'f)CJ~ Ji.¡ {'j!l 1Jr¡¡:hy- /J.Iy~ . .
AçP~ f'\Cé> L1:) Fó~ ~ U~.~. ~'?t~ ~.~
Fiscal Approval
By:
Fiscal-DOT Date
..-... .t"'tro.." ,JI'\ ~...""'..:
~ !""!"' ,- !.t( IO(fì.1 ~ .
" " ,,,..,
.._.n _..--.- ~
(': '"'). r'J-¡- ': ~. -'~ 1-;- ....>~
~-'~' \--'---'--1 -
.i.. V"¡'\,.o,'J, i.t..-1-V~"'iI-UlJ:.J
10/87
PAGE 1 of 1
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
DIVISION OF FUBLIC TRANf,PO~TATION OPERATIONS
· CITY RESOLUTION
GP~DE CROSSING AND TRAFFIC CONTROL DEVICES
(TRANSFER DOT TO MUNICIPAL)
.JOB ROAD N1J·!E COUNTY PARCEL' FAP
COUNTY SECTION NUMBER OR NUMBER NAME R/W NUMBER NUMBER
93 030 6901 WESAV~NTIC ~~Ã~H 1 (93550-SIGR)
A RESOLUTIOtl AUTHORI ZING EXECUTION OF RAILP,OAD CROSSING
AGREEMENTS AND OTHER RELATED AGRE!)IENTS PROVIDING FOR
SUBSTITUTION OF THE CITY O~' DEL RAY BEACH AS A PARTY
TO THE AGREEMENTS IN PLACE OF THE STATE OF FLORIDA DEPART~NT OP
TRANSPORTATION, OR ITS PREDECESSORS, AND PROVIDING FOR AN
EFFEC'l'IVE DATE.
RBSOLUTION NO. ~
ON MOTION OF Commissioner (Counc:ilman)
~n~ ~ .~' ) . seconded by Commissioner (Councilman)
'R-n . ~. , the follo\1ing RESOLUTION was adopted:
WHEREAG, th Legislature of the State of Florida has enacted
Chapter 77-165 providing for the transfer of maintenance
responsibility of certain public roads, including railroad
crossing agreements and other agreements, from the State to the
Ci ty of DEL RAY BEACH , and
WHEREAS,' the City has been presented with an agreement for
this purpose which it wishes to execute; and
t¡Orl, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DElRAY BEACH , FLORIDA.
That the City enter into a CROSSING ~RANSFER AGREEl~NT with
the State of Florida Department of· Transportation and the
FLORIDA EAST COAST RAIlWA'1Company providing for the substitution of
the City for the:FDOT, or its predecessors, and the transfer of
the rights and duties of the agreements listed in Exhibit "A" to
the CROSSING TRANSFER AGREEMEUT¡ and
That the Mayor and City Clerk be authorized to enter into
such agreements with the State of Florida Department of
'l'ransportation and the FLORIDA EAST CQAST RAILWAY Company as herein
described¡ and
That this RESOLUTION shall tüke effect inwediately upon
adoption.
INTRODUCED AND PASSED by the City Cc~øission of the City of
DEL~~ BEACH<). , Florida, in l'egular session, t.his
....~.eJ1 day of , ¡~PfrY1 j¡.e/) , 19'!l.L.
-----,
/ /::;~ ..'
/z'/ ¿ ~ 7
,. ¿. /./1, /';:/ ,. ~7
.////, <:::~...'Z
/ Mayor ~/; ommissioner
. .
ATTEST: QL4i~&'11~ t(c;rW
. "' ._. ...... .....41'- _____
'þflM T1I·01O-.',. tUft 01' nONDA DI'Al!TNINT D' TllÀNUOMATlON
"!PLACE' 722·.. OPI'ICIOI' 'UILIC TIIAN"OIIT ATlON
'OIN RAILROAD GRADE CROSSING TRAFFIC CONTROL DEVICES
COUNTY SECTION JOB NUMBER ROAD NAME OR NUMBER COUNTY NAME PARCEL & RIW NUMBE" FAP NUMBER
..
93 030 6901 W. ATLANTIC AVE. ,PALM BEACH 1 (93550-SIGR)
COMPANY NAME: FLORIDA EAST COAST RAILWAY COMPANY
TRANSFER MAINTENANCE RESPONSIBILITES FROM FLORIDA DOT
A. JOB DESCRIPTION &LOCATION: TO THE CITY OF DELRAY BEACH
B. TYPE OF ROADWAY FACILITY: COLLECTOR ON THE CITY STREET SYSTEM
C. FDOT/AAR XING NO.: 272492-H RR MILE POST TIE: 316.84
D. TYPE SIGNALS PROPOSED IV CLASS III DOT INDEX: 17882
SCHEDULE OF ANNUAL COST OF AUTOMATIC
HIGHWAY GRADE CROSSING TRAFFIC CONTROL DEVICES
Annual Maintenance Cost Exclusive of Installation
CLASS DESCR IPTION COST-
I Flashing Signals· One Track $ 650.00
II Flashing Signals· Multiple Tracks $ 860.00
III Flashing Signals and Gates· One Track $ 980.00
IV Flashing Signals and Gates - Multiple Tracks $1,230.00
-Effective February 3, 1971
AUTHORITY: FLORIDA ADMINISTRATIVE RULE 014.46.002
Responsibility for the Cost of Automatic Highway
Grade Cros81ng Traffic Control Devices
EFFECTIVE DATE: February 3, 1971
GENERAL AUTHORITY: 334.044 F.S.
SPECIFIC LAW IMPLEMENTED: 335.141 F.S.
.
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This Agreemen~. made and en~ered in~o this ~I -- day of
d~lJ~ . 19]ß. betwee~ ~he STATE OF FLORIDA DEP~R.~NT
OF TRANSPOR.TATION. an agency of the State of Florida, hereafter
calted che "Depa~tmQnt" I the COUNTY OF Palm Beach' , &
political subdivision of the State of Florida acting· by and
;
through its Board of County Commissioners. hereinafter referred
to as the "County" (or the separate board or l,ocal age~cy' exerc;ising
the powers and performing the, du~ies relating' to transportation,
facilities, roads' and bridges 'usUally exercised' and performed
" " '.
, ..
by the Board of County Commissioners) ¡, and 'Florida East Coast -
'-, .' -..;, . ", -, '. '. '.. :: '"
Railwav Como any. "8;.corporation,,organized and existing' under :;,:':,
.. " .:. ":.. -.J;i::/,·~;~~1.' w.:.;"f\;~,i.~t. "'~.-: ".":._;0 :, .>!,\:'-" .,:~"~.."<"'~,' > .-"" ;;:·:'~rj£f~~"·.
the:, laws, of": Florida'":,;" :. .;, with::,'itSl'p.riné:i¡?at.:p-Iac8' o£ ", "',~J ~i.t;:-:.I.'
"; ._ .,. . '. ','. :~.' .~ ..,& ,,~:~I':'- ~. .;1':"' '.~ ·;r "','~':';".. .':"~""'~.'::.n-:'~...'..:..::." .~~ :-~':1.:~~.~~~~
busine~in' the, City, of.;:' St. 'AU¡;tustine ',. Co~ty, o~, 'St';",'Jóhns ' ',': ,:~:~',.:..
. . '¡, '.:' :..·..1 ::.r···~·...·.<;~·'t~'{· ~...:"': ,', ".1." .~., If ~~. :1f.':·:'~· -'!' .~"-~'.~ ~- .' :-..,' . ." '.'~; .'.'ëf¡...~
.. State of, Florida'" . ...,~.'....~' hereinafter ~a'~led.th..:"Company".. .. ',:,: :\',~...~:
. '" .:~~;ti·'~·;'j¥~~~£t~,!;~;:~t~~~~I~;~~i~X~~J!D',:,,::,2j'f:"i",~,.{
,,';, " WHEREAS", the':I?~pu~ë.rit', an~'7ttie;' çòmp'ariY· JïaY.àt',' ~~etofore'.:, ~;:,~;:;;:' '
.' ,:" ~. . ,\ '".::' ,~ :"~."f""·:"~·:':~·':· ;~~~ ,"f, ?"", .!,4 ~ '" )"...... I':" ;. ,; .... '-, '<0\,,:: '~·f~.a:."" ~·r.'.-':t..,~'~".t~..,·,:- " ;...."':'....Ii .·4,·
. ·'en teréd" into. rai¡roåcf rëim1iui~'eûiêñ¿.r¡g~e~~rit~(~)J:p':f&ining to"'" >,' ,.:','.
:. ."~ ~ . .,": ~:::i~::'· . . -'.:" . '.~':' "i';:'~-;:' i:~ '~',-~' \J_..I.'.1.~ '!i't:~·:~c;;~~ ri.~~·~·~··~ '··~:~-':·:J~~.~(~~1:-~~:~:"~I~.~¡{·( ," .' i ,~:::..'~<; .... ~.. _ .
:':...' the ra~t~oa~' crôssing't~ro~~~ed"i.~",PAL.~:BEACK::~'C'o:untý¡':~~s:~beci : '. ';"",:, :.: : ',' ,
. .,~.._t.. ,. ~~ _ ,..... ...~/~.;': ..s.~,\ ..~..\; :::.....,;;;i¡. ~., .i"'\¡~···", ",:: ....' .i1-;. ~ 'Å'.:'~'o : :,). _ ~," ~ ",' '. '\ "'. :~: '.;.
. in' detail: in' Exhib'i,t'~~<-"~~~åched; ìi~ià~ó and.~mad.~'8.J~~a::t:'he:e~~i ",', '; ',:::':::"
.... .1/·t.~·.\·,,~I.~. .'., ,....., . 'l '';'':(:' ...... """", (' '" .....~ .f '.. '" ~
. ," .. r'" .' . I . ~,.,'.. .,"'-;0 .....¡\..·..¡.¡1~,.. '\",.. '''Å''''' ,..... ~A"'''' . " "4("'" ,.(.i"I.~ . I ~ "I' .. ....,.
. ... '. ".. . . -'~\:".:f;P-.:..irt;·· .....:. I'.. . .,... . ..... ..~ .~~ ,'" . :.:.io' 0'" .' ......... ,I .
and-;. ~. ....;:. ~:.,~ ~ .( :;:;tj~.i"t~¿.·';t .:::~tl~,~:·,;;~ '~~'-1:r: ;"~;~."~~:f:~"~. ··..-;ì;r¡; -r~..:,.!~ '. . '", .. .10' .::.. v~: t·' .
. .....:. '.:':f· . '\,,':!. ~~1~.'.t:;:i!. .t:·:.~t;~,Jcc."".'·:.~...~ì ~ ::.::.,..~I·~·',~1-:·~·~~·""·~l··.:..r"'J :.' . .
~.JHEREAS;, the 'l97I;;:s.eslJ$c)tt,tof~,t~r. Florldii' tåd'Slaçw:e:, amended . ,
. . "...: . . :':.' .:~. :'\'.~:' ·..~,t..·~~;¡:·,;:..:·:.~~ ·;,..~.t;;:"~·~ ::;.., ,,,~~-{,., ·f:¡:.;"'~:;~\! .. ·,l,.~:;;,:" ~~ . .!.... \ ~.~:.i. '".t.,.
,206.60(Z>.,~(b>, tOP7oyi.!!~~;~~'!;t1;~~#f!;~,tO" th,"'.c~~dea~"that. "',,".. . ',';:.
....;;, . .... ..:._;.;.~-";'..:-!_., ~'- :~.... "'{..;.',:.;.-~\~~';.~';~':'.~~~~~;~.~' i!,:..:'::'t:~~:~:~:"':.~:'. ~1~~'\~":''':':~ :~...:':;.:;. ;. ~I~~.: ~.~~.,.~.;:
portion: of'the~, Seventþ.'~çênt":·Gàs'ô111Ì~Tàx_.wh1ch p'~esently':glJes": '.', ::.
. .' ."~:. " . ~;'~., ~7~ ':. '!: ~: : ;...: ..,~4":~. d :~~~~'''r~'~~':''',: .~:.r~):~~·:{~.t.~!~' \t\~..- ~,..,: ~ f· '.' ;.~ .~' ::~}'" ,...~~...; '-'l . '.; '. ;, '~"":.,. .: .- ,:', .....
~ " to the, Daputment 'and; a.,~'gn.d:. tlì.':.iponsi&1Uty;.for maintaining' '.' ... :,
: :- "':'~.'~ ',:..' '. '.:..' " .,:.}~: ~.:..~:¡:~:'.-.... .~.. ~ ~'.õ"':" .:¡n~;<·:tl .'....::-Î'\"..:;t'tti ~\~1~":' ·f,. :,. '1~:"'\~''''~~:~Ut '~I:I';~:·"~·'CI:".;~.~r. _I;, "." ':-.. \~;¡ ~', :
" ..1 .~'ro.ds,: in.: the., Secorida~';, aq.d', SYlt.:'toJtber County- 01::t~ to" the sepa:ata, " ",;;!\~
'. ";'(.,'~' ..,..... ~..: ;". >~. i·.~~~,::.~~:.·~ ".~:I...~.:'¡'';.~'.~:~'~'; f:":~~~;,:·;~·:~~.,:t":l;~~.(~~;~·~} ~'1._~).,£........~.~.:,. :.:...~~;~.~t./~..:..~.i,::.i. ,.,\.~.!. :~.~(~~(~~~.::~.·t,~~~'.
':,: :;.< board', 01." lq.è:al age.~~Y';~ercising ~:~f')ow.~s'·~n4-¡paF~o~f,t;g C:he..~.:" ': ;~' '~.{ ,':
.... t, . ·'1·,:1' .... . . k: ...".,..þ·....#·.·..~.'1'~4~:·~.~.ï,..··.·~'.··~.~,.,.....,,,·····t\~..:,1 ·,.t·,·"· .,·,:..···..#t·. ',"
",,':d~tiès, ;elating to'jranspó~a~~o~:)ii:iÙ,ties·ï, r~ãdsJ.å~d b'ridges ': . ",:'¡""
. . r'" ...' ':;~...: '···:·.···j,"~.~'i: 4......~.;.ltl~·.~~·~:·I~~.\....;.:'...'·......I....-:.,~ ,.·~·...t·...;:~;:' . :'" ,., ",¡,,~t-;;·.l.!
. " ';:'.,,' usually.... exeicj.sed anq: p'er.fgrmed' by,: ,the:' Board" of County', Ccimnissioners';·'.;
.. ,'and ,;\~};~,'>,:. :~:At;.:i·~~~~~'~ii:;::.~/;:*'~::~~;,;~':~:,·.~,'~~; ::::f;:,l ;~;-";:,':~ ,':,::;'.,:,'",' ·t,:~~t
WHEREAS. 335. 04l of, the Florida Statutes reqUires that the ,'.'.'\,'
. to' .. .' ~' ,. .~
maintenance of the roads;:" streèts, or highways, and municipal connections.
". . I
lengths and' extensions the~Gof constrU~ted o:rëcon.tructed with
. .' . 1. .. , '
funds acc~ing to thè Divisionof'·~ad" Operati~ns of .'~~e~De?artment -
~
for ~sa' in the various counties for the'Fifth, Sixth and Seventh
Cent Gasoline Tax fUnds. shall be determined by a ' '. '\', ~ .:.
. . ..
..
t ';' , . ..
" " 1 . .~t
" ,', ..,.,.~
. . ..;1;..,
'I'"
-
.. . . ..
a,ßreemenc',
.
~. .
WHEREAS, the Departmené and the County have heretofore on the ,
22 day of September, 197¡, entered into an agreement whereby ,_!
-' ..'
the County undertook the mai~tenance' of' all roads within the county
presently on the State Secondary P..o~d System;: and
\-lHEREAS" the parties desire that the Company provide suitable,
:1
safe and adequate crossing and signal maintenance work at: the rail-' '"
road crossings listed in Exhibit A and that the County rather than
the Department reimburse the Company; for. such work as long as the
-'.' , I ,'",
County continues to be responsible for the, maintenance of all roads,
within ·the county presentli~de~ th~ State SecondarY Road System in
accordance with the legislå.tive intent: expressed in 206~' 60 (2) (b) , ,
. . . . -:: . i:... . 0" \., ~,.~:._ ,~,'. ". _ , ,.. 'j . . ,.,' :
of the Florida Statutes, . ' . ':' ." ,~, ," ", 'j:' .'. ",' ....
.' _.~."-f~~·::·:~"~/.d.·:.....::.;t<'~h: :'~..'..., ",;"..,.,..";', 4~"':'~ (..'~' .: l~'tl .:¡....~~.;¡..
NOti, THEREFORE, form ikt ccms1deration, of: th..'premises. ancf ò~~,,;;:';j'~
. . .,:~'.. . ~ ..... It __'I,-~ ::". . ," .~ ... .. ,"jl .",...!. ~.! '{, .~.~~.·'7:·-;·~;
of the mutual covenants' contàined herein, th.. parties ,agree' as ' ..' ,. :. ~~~'i
'- '. .'.... ....~. :):':;;"-'-'f~'~~~".i...1 ·ilo:'·~~·\~·~.~..~:....·~t...;...··-:.·:~:~.""'1'·~· ~,~-,'t':"I'~'-J':~;~~;t
follows' ": ( :' "r'·'~", ',f ,';i'!.'., ·""·-:'''~';'''''''i··~,,~,1'':<t,~t~!''''.''' ,",,' .~~-þ.,,, ~
. . .~, ~~' . ·r~.~.~~,:·~:.:;i~~~~-f~~.;.'" ,~.':.::,:-/:-;.,: :.,tI·.':J<t;~,...r ,.~·'":~i~$;~~."".~~i.~ ~,' :" ~".." .. ,.: ~"~"-'"
, 1. ,It is' not' thà iiurpoí";,:òr' intént~: of,:theMømorandum of '.'., :-:-,:,.-
'..;....:... :,·:.-..1i:·,~.'·,;~..~;t~:i:.;~;..r.:.:-::<:..~~,:;,·'·.,;"~,c,~·:,\··I~;';' 1~·~,#'f~~'L';,: . ' .:i~· -;.,' '"
Agr,eement':' 'to in: 'any waÿ ~t:1nguish.. ör,imodny .'any: ex1s#ing agreemen~' :'''~:'::,
, ::-.~~ ". ..... . .' ....~:. . ~.< '-:~~~'!::'"~':~~4!;',i'~''' ':.~.,~,;~~:.., :.. ,~,: ..~_- ,>".·..:.:·t·(,.~.~,·.. '<) ·:';~..'t ".;.~.., "":".:/ . .... :'1: '~~.:.. ~ ..
between the Company" and: any"governmentaL','body" at' ¡:my' railroad' " ,'..7·":<~:,
~.' _. " "'·::'·":'::~·~~'·:"~:".J.';··i.""':';:;·;'··...:.,:;': ~'~'... ..". ...... ¿';"~' ..;,.,. ". "'::'.'.'~:
crossing list!ed, in Exhibit."A,':excepC:' as:: specifically 'stated herein. . .'
_.. .:::.....' '; 'J:,,;.,<~~'"¥..:i;.~)~.,; o;..;:.,'¡.-:~t:·":,-.,,,;_, ....~.:,,,..: :,.~~_~~...}I,::';¡.~';':'!., ,:.,..., "..:'~.""~.,
. 2. Automatic crossing, dgnalS~'arid/or othår'pr9te'ctiv~"devices "'. ;,~
I .' ¡. -'. "-:'<~'\,-:;...,'~, ;'-;~"",~-'.:"~:~ ...:-"." ':. :".' .,~.;.~.:..': '.;:",;.,¡hJ¡·· '; .:. f' .,.
shall continue to be, operated,: and 'maintained, by, the' Company às long . ,
· :'.~. " ....~........ ." .:~. ...: ~'~"::"s':'r"~\~":'¡' ;r.·~','··t ':0..: ~" ,...... . ...~~ ,I"~':" '.. ....::: . :.-.....,~:...~~I.~' .,"'~." .
as said Companyor.,' thei~:sucèeša,ox:',o'r: 'åSIJigns' shalt'.' oplÍrate' the' auto-=
· ,'~- ..... ¡o:~.~~:., .': ..... ,.,~..' ....~:~:I····:·,Ü·1~(~ ;.!¡ ;}¿~~~..;. .~ I;' " . ~...~<. ~:.~,..~:.. :'1.· t..' '" ~~ ';-'.'~"~:.'" .... ~:'~.' ~.i: ..'.~. .:/:i'
matic grade::crossi,i1g. sigr:ia'~~'\~~(:ê)1:·'.C?tper- prot~C:tiv~. ~ia:.':f1;C:~s,:", or'. ". :;:,:,:'~,,<
. ' : ..".' \,:."'!';:¡ .~~:- : :.'~~.:.:: ~·;'~/j.~,"·'1 ~\~~,..::,>~~~ ...'.~ .~ '~~ :.\"r:· ~.._.. '~J (·,r~..,,'::~· r);.::, ~.~;/ .-.':.: "',:, ~',,, . ~.. . ~'. '." ,/.
until it"~~:,agr~~,~ b~tw~~~È.!~ÿ.!-~~~~þe¥!E,o.;~at;",th~¿s.ign'als 'åre ..,. :,{,',
. ."p . ·.~....~··...,.'"~...;.'It~:)¡r· ";:'.;,.~....¡,.~':.,.,:. .....,... . ·J,.·..,ï·.~·~.:~¡,:·.·;:..,. . ""'~
no longer' necessary ,'at said,:'grade.' ~'ross1ng~' or: wti!" tl}è, ',said crossing . ,
~:.. ···.f .:.~ ..,.~'(,;<"":':'.,.,-'.~~:. .,: ,,:?··~·.~:·~'¡~·1':·t<.¡',~...·;.·~:.-:t..·...,., "...,~~"~..',.~':'..,'...,.'--:. "'.. '~..'
'is abandoned, or òtner legal:re<tuirementsmàd~~which" shSl,l~'cease. opeJ:'a-
. ':,".:.' \.~ " ~ .'..·...:t'j,..l_;~:~{¡¡.·~·~.:~...-.·,·¡.~··;~·~~,,:.(..¡~..(,.f:,.' ...:'.>.,.:~'~.. '!'" ~t~~..r_~.;: :·"·"",:".. ',", I'll ..~:~
tion and maintenance of" signats- thereat.'~~, The. County wilt participate .._
. .i.··· "'J.. ',: ··-r",.:,~~~~,;".,_,!o<·¡,.·....~~_.~~~T::_.¡;·,..~,.í\~~.}·.~t:'.i.tt ,'.....,.¡.).. ~..}-:o..~...:.....: '..~~.:. ..' :-;)~:,"·::i.·r·
in the cost of:'mainï:à~riing: th,,' , g;adel croasing: proteètive' ¿e~Úes that, ,:";
. .': .' ' "'. . . ..._~ .....'\ ÍI .;... ." ... . '¡-' :'..< ,"", .. . ' " :... ~. .'. ,', .' ". .. ¥, .. . . 1" I ,'.: ;'". '. .. e . .I~ .~\. ...:' ;
are the subject 'of tÍû.s,:Äg;e'em;m~--in;·th":\'amò~ni:·:o(àfty pèrdent (501.)
.' ," ~: " ,'I.,...... .',:.'ì..,~.~.;·;~.. :'~.;:~,..>,:,,";_<' . ..t,":'. '...":~,.:.;.~.;~'; L·_~"'~r..~·. -..-::......;:.:: .,.... ,"
- of the cost,:,enumerateçi., br:th..: Sè~e'.d:ule· ,o·f',Ann~àl. CÒ8t~ ~f"Automatic' '
. . '.' ..' ....~;. . .~.:;...,I,,!.... 1~.'IJ\~t~~;· . J'..: ....{\.~;':'.. ..~.~" ::~ "M .
, Highway c;r~de"Crouing Pr~t,~cdv~ D8vic~. attåchll! ~.rito'8nd by this
· :,.. , :.. ..t,':;;~;,: ..,:;,~:, :?:,.;:" :,J, :;;::"
I····'~~·.·'~!S··:···~/>....· ..' ....
. ~ to·
, . . ~ . "J-' "
. .., ' , j, ,,:
,. '..
~ ,~
the Seatc-Mainta'incd Highway Syseem. It
'devices installed and/or modified are no longer required 4t ,the point
of installation Chey may be removed to another location~ as agreed
upon,~ at the e~pense of the parties hereto. The Company express~y
agrees to indemnify and hold h~less the Department and/or the County
. aqaiJuR each' ~d every claim, demand or cause of action that 'may be'
macle: or come, against the Department and/or the County by reaSon of
: or any. way arising out of any defect, imperfection, failure to repair,
.- or .failure ,~o ma~ntai,n, done, suffered, or permitted in or about such
protective devices, 'and also every claim, demand or~cause of actio~
against sai~_Depar~ent and/or Co~ty by reason of' any. liability that
'is or may be imposed on the Department and/or the County under the laws
of this State' because, of,its participation' in:, t:he· cos't: of. such main.-
, .. _. . . ··t· .'\...... .'..
tenänce or because such-:C:'ossi~g', may be included, within the State
. " ....:::. . _0" . .... t" .' . -', . _', . '¡ " '. . 4".
Highway System, on: açcoU%Ì1:' of' Àny:' such: deféct/¡mperfeC'!:ion~ or' failure!
." ",',.. \. i:.'.: ~~~:..~:~.'.:r"":·f~_~"~·· m ~~. .. J.I'~;.:,...,:~:::;~ 7"f,;..; -:;~,,"':. .....:'".' , '.'~'~.!::1.;'.
to repAir or maintdn~ done'I'suffered, or permitt~d in' or about said "
.:.. . '. '-'·"i·:·"";:'I:·.;~·~··-····'f1.,,~., '., ,,·,;';·:'i;·<1·'l,<~t~,.··:'~:;., ,.. "
crossin; or crossinq' protective'devices,~, cir.' on:~aè:coW1t:of'any action.'
.' . .. ' '~ . " ,.; t . . ~', '. :' ...,,,, .1, . ,', .. ",; .', ~',""'., ,' . '..' .; ¡ f
orc:mi~si~n' 911. the pax.:t\,f the ccinpany in.:o~';'~òut';th.'saniê. :',1';,:"
. ~." .' ,. ;"¡...,.;.- .¡.. ~ 'J':':::., _. ~ . .'.: ;.)....¡."..J, ··.··r-: r...:~,~.,::,~"I·"'lj . ,.' . '. ;.I'.~
3., ' The<' County will bear the cost, of all eemporary And perman-'
'- ." ,.... \.:' .;' ·...~·:;~'t~..:.'/.~ h':'-':'~I" .... -.;. :;,~: . "-;. ......:~.:, . ,',':', '. , . :"~ .
'. ent changes m.ade: necessary i,n the' çompany I'S ,sic¡n~J.wir~:,line or other .:
. ...." '\0.... ': " : ,.:. I'.. ~ '. . ". ...... '.~ 0 ~, ~ ... ..
faciliti~~,:'andin t:h~,w£re;'Ún:a, f~~iliti~s.,citt1i~ West~~'Union '.;",
. ,,' ~::..i:; 'o~~¡~.: ~~":..;#~.;..._;···..·o~·\~",· ' " .,';~:"'~....,. ...~...~~_ :.. . ,.-'.'.'-'
~ele9raph'Company on C01UPAny,r..:.rirjht-of-waY':ac:c:asioned by future con-',,"
. . ~'J__:'.. .'.; 0.. F~·".i:>'~'<j.{"~"'~''''~.'':'t:.,:·~ '~'." .'._.J.o' .:.~.,\..:~:";i~L"fl..., .. ' ~'. ;.' ,,~.,: '~,'Þ
struc:tion: of" said',' c:roiUfinivan9-° ,thIJ' oc::c::upanc::~, of ·th,e., Ccmpany I s prope:cty.o ,
. to·' .·.'.1 .'~'\;'~':I:.;,-;~:~:"".'~.2~.--J,,':45:.!,~:::· ......- . .~;~~~.~~~~::::.~.....:" ..;~' .\',," ... . :.1 ·'''~.::.<:\~i
4. ..'All labor';),~er.rièes,má.teriaI, and. eqUipment furnished by' . ',.
. ....-. ,,' ::'." ,: . ..t .',:;....}~"'~:......~~~...::.~.....;.~.:.~:::.., ..... .~!._;. ..;...:..~~.~:'~./' "',ct·..' ...... .
the Company' in' carryiI:19: 'out >,thè, work to be pe:i:~ormèd herèúnder shalL '.,
. ~ . .' ..:. '.' ~'. ,: " ,. ,.' ;., ~ ',' ¡ '.". . .' .). ,.' . .:: .;. .. . " .
be billed by, the Company' 'di:!:ec::tlY tò' the, County'.'· separat-é records
. .. :', '.,-.-;' .~:. . ~", ,.:". . ",:,,"-..~.:, 'I"'~"~ . .-
as to the c'osts of:êontrac:t: bid Ùexits and' force ':'åccóunt items per- ,,:"
. .. :: ,:' ....:..- ·~·:.~.-;.~;;~it',.,..., ,~·;...:-:·./"~·;.···t .::,,,:-~:'''''/ <':'I\~:'~''' ':,:,;.. .., ".... ';':' .._,..,:-,....:..~:...
formed for the. Company, snall."also be.' furnished,: by the· Company to the "
,'~ ~ounty ~,i ,': ,,-',';,~,:;;;;:.:.~n,¡~ft~t~'~l;:;~I::~~/;:;~::~.:;~;<.:;:}X:;:~:ii: '~:j::~,:'(i, . ,'" ,,':
;,' 5.:- It is specU.fcallY,àqreed by and between; tht!,' County and .. '
".." ' !" ',.' . '~..,.". " ""'.~~." .':" .~t'" ........... ..
_ , the Company th'at the CÖÙJ1ty, shaÚ:>eceive: fåir and adequate creåit
:. .. \, .'
for any salvAge, which shåll accruè to the Company as a result of the
above adjustmene work., .
, " " t... ; . ~.. >'
6. Should' the u,so ot'said cros~ing bo ab.3ndoncd, then .:111
rights hereby grQntcù to Dap.:¡rtment and County shnll thereupon CCi\SC
"
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/~d~~~;;mi.~~·t~ '~d çhe countY···:':f.·"'ll, 'as its" "s·o'-le'· ~~~~- ~~~~~:~~"'~;:~~~~r sat- ¡'"
:f.sfactory to the Company, remove the crossing and restore Company's propert:
to the condition previously found, provided the Company may, at its option,
remove the said crossing and r~store,its property, and thé County will,
in such event, upon bill rendered, pay to the Company the entire cost incun
I ' . .
' by it in such removal and restoration.
I 7. The Company Covenants to indemn.i!y, defend, save harmless and
! exonerate the Depar~ent and'the County from all liability, claims and
demands arising out of the' work undertaken by the Company pursuant to thi~
Agreement, dUe to the negligent actions, delays or omissions done or
committed by the Company, its subcontractors, employees, agents or repre-
sentatives': excepting, however~ anY':l~8S, damage or injury arising out of
I.. . ;" ~ .:.
or' caused by' the neglig~rit ·ac~1ons",delays'. Or omissions:}~~eor committed
' . ,- .~. '. . .. .. . ,- . .¡ t .
by the Department or the County;" their, subcontraétors ~',empIoyees.. agents .'
' , ":.'> :.~. ',' .'. :' :,. .~: ,: '. " .:, " " ".' ,,'.' , .;:'.. '. "', . , ','
or representatives', whichlOss~"dama'ge or injury shall bë: i)'oma by the :~,
." , .. . ," ".,..; :.., t' "..'. . , ".:' .,.. ::,,'! :', .j":-t",'" " .
Department and/or' the Cò~ty' ,except'as otherw1se>cove~ct, bT;bonds or
insurance. . .'<i' k;;;:~Ç,; :'1" ~., ',.J ~:'~,;{:):;~i;:; '.: . , . .
8'. Tbat, Palm Beach' COUZltyshall.'not b·e. respons1b.lè": for any grade " .'
' .' .,' .,..;.;'. . """:;¡';:'~"j""""'-':¡:' ."," r\ """~":I,~(,1' ',"-' , _ ;;~.
crossing maintenance coø'c:' prior,:' to,·thedat'e 'of execution: of: this- Agreement." .
. , .' "", --: ';>" :"';',^, ~",,~ .:"~, ' '. ,:.. :.:. ';':;'. ,",.:,':,..'; '\\;"~',~"" , ,. : .,,;
The pax:ti~s agree'" "an~' ~1 :thi's(A8ree~ent do.. herel?i.' t~?niÌ1ate the,..:,
" ';''':~..:'-·.n";",j:".""..',,..,.,,/ "" '\ \, \. :" ;~";..'~,..\,..'
a~reement (s), entered int:obet'Wéen. the¡'Departmen't:.md 'thr'C'ompany by which .
' , '. , ' , ':..: ',:;;, ': ", ;"1 :\~.<'~ ,';:, '; ..~.~,... ,,';' -:;:. fo i ' '~.;,,~~:;; ';', ' , :, ,';
cheDepartment, undertook·~·to :ieizìiti~råe'the Còmpany for maintenance of the . ,
. ',,' ,,:,.';.' '.':'.',...,',.,,' 0,. '.' ::',,':~ ,..,'~ (" .~';.!!>, ";"t. ~;", ".,' ."'."
railroad corssings Hsted i~¡EXh:1~:t~',k~ ;.):,;"",:,,<,.,:,,~¡;:,,:..,:t.ô~::: ",' '..."'....' , ";
. . ; ",' "''''--':'''';'''')' ',..,.'..'..",\'....::....., \....,.,"~~\'.. ',',\:!:, ""'1, ! '.
IN tHTNESS WHEREOF, ,the parties h'ereto' håve;: caused: thèse. prešents ,; ,f,
", "..' ~·",:';·4·:.i,: I'>".. ..'.... ',.....,.. ...~..i,.:.,::..,. '..."
to be duly executed by thei·rj:du11~authorizedoffiêers~,. and. their official
' "';""':".: '.·.'7.;..~..·~;:f"t-\,!..:.~:'''"','f';.,;~..:'' >."...,::..:"~~;::~.:: ' , ".'.:
seals, hereto,. affixed..1:he day:,and.y~ar::f:1rst;' above, w'ritten~: :"", .', .;.,
"',' ,;:. . ,......::", '. ~,~\j~<y/.~;.:,;:.:~, :,:,~~~:,.;.\ .: '/: ,";~~:' '11/. :: ~",.';:; .:: ::l <';. .': "~:.
t'¡I'!'NESS: '.',".:,"..' ,'. ;;'~~....::.~,·.;¡~·;,STATE'OF FLORIDA:.', ,,,. "", ',:',
. .z '. ,I, 62,' :..q~/,,·¡":'.,!,·:- ',D!PARTME T OF~~P TATION "':';'~'-:
' ~ . " .;,!,,~ ,.I.t~.: ':..," ,'::"" l' ." . :",' , ',' ".." ,~',:;;, .'
' ~~"~ ,r~"'BY': ' . ' . ,;
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',' , '" ""I'! ,.,,'.:';..,. ", or'o n1strac "
\-&~ ' .. sf? JjL·~·j,;:/\;~~~·,¡:;.~:i~ST, ''sEAL)'' '
As to the Department "'~~',.,r,, !';~~ :'. < ,
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COUNTY __
; / I . ,_, .,"
~~:...- ~'ð~ ' ,.,/ .," ",!>.. --
BY: ~> , .' / J ('.:,___ '~':,;/
Ç;RMAN. PALM ¡¡~\c.;H c.;UUNI( FE . . ,
BOARD OF COUiHY CDMMISSIONERS B ~.L '~/E
~L, ¡;,Q.. i ATTEST: (SEAL)
JOHN 8. DUNKLE. l:l1R~ --.-- -.
~~~-
As . to t e, County
.
8 A..#_) ._ L
O-W,~~.~, OUU'fY ,
COMPANY Florida !ast Coast Railway Company
l ~ . A. --=~:u7.::::/ BY: ~;::7£Y; r~Þ.~~¿,.~_
~ Æ. '7Y>~ . PreSi~t (SEA..
ATTEST:---",,¿.CoL4t. 0,-" ,~ ~ ~ ".L~:'~_
As to the Company Asst. Secretary
Approved as to Form. Legal1ty "" '.
r" .'
. ";.:: ~ J.." ..~,:: ; '. ~ ;'.'}':.': '. ~.;, -. ,'.\ ';'.;".,', . . ..;.. :' ..,..,....
anc1,Execution , ",l: .... . . .... " ~.: .;, .~.
STAT! or FLORIDA . . Exalll!nect' anel Approved
DEPARTMENT OF TRANSPORTATION " dAte
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.' .; . . ¥.:'" .>.~. ::~ ....
.,' d l r ':
~~ . . ¡'~ . '- ", '.. :. 'J -.
BY: '. D1v1s:f.OQ Eng1nee:,{'
. , . ,,'" ,~,:~", ..':.' .'. Feeleral HigtNay ,~.n:f.str.~1on ' .
" . :L~~s;~,~;;~;:;,~·,a:i.D~·~:~£:~~:' .'';,¡:,
..'..» ». ,!,..';. '..'....'."., -~ ~,':.~:;.;,,'.,'., . "L£ SUFF1CIE5Y' .' '., . .'(~
' ~;:'.~" ,'; ;,">":'. ,.~..'~":,,/¡' ,.1,1:;:·: . ".,'., I' ,.:':'
,,' .::....:,...,.. ,;,i" -'::~:', ,':' 'l1':'~'':''I/. ;"~I,
~. ,¡ 'f., ,:':"",i,,:"';¡'~,.:"'~, "":",." .,<., .. ::"
" '.' ); ..;..'';', ,; ·'1"'¡~,:.>,. . COUNTY ATTORN&Y .",
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"1'4
·
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: fJ!!fêíTY MANAGER
SUBJECT: AGENDA ITEM # Cf . q... - MEETING OF DECEMBER 3, 1991
RESOLUTION NO. 96-91
DATE: NOVEMBER 27, 1991
This is a resolution authorizing execution of a railroad
reimbursement agreement for the construction of railroad grade
crossings, installation of traffic control devices, and future
maintenance and adjustment of devices at the railroad crossing at
S.E. 10th Street.
At your November 26, 1991 meeting, this item was deferred in
order for staff to address additional concerns and questions
raised by the Commission. Attached as additional backup is a
memorandum from the City Attorney's office which will, hopefully,
address those concerns.
Recommend approval of Resolution No. 96-91.
~ 4 +0 I
éRnD~EuJ5 D ¡S5 &)77 f7 g)
""
, ,ORNEY'S OFFICE TEL No. 407 278 4755 Nov 27,91 14:03 P.02
,.
,H... ,:,-,
'I. "~
..~ '
'ITV, DF DELIAV BEA[H ..
CIR AnORNEY'S OFFICE 200 NW lilt AVENUE· DëLKAY BEACH, FLORIDA 33444
FACSIMILE 407/278-4755 .r~~..·. D~~.O~ L~n.
(407) 243-7090
MIMORANDUM
Date: November 27, 1991
TO: City Commission
David Harden, City Manager
From: David N. Tolces, Assistant City Attorn~
Subject: FEC Railroad Cross1ng on Atlantic Avenue
On May 6, 1988, the State Department of Transportation approved
the transfer of jurisdiction of Atlantic Avenue from the stat~
highway system to the Delray Beach city street system.
Pursuant to Florida statutes Section 335.04(1)(c), at the time
that the transfer of jurisdiction over the road occurred, all
obligations of the State Department of Transportation under any
maintenance agreement relating to railroad crossings were to be
transferred to the City. Thus, as part of the transfer of
control Of Atlantic Avenue, the City also assumed responsi-
bility for the maintenance for t.he FEC crossing on Atlantic
Avenue.
Approval of the reøolution will allow the Department of
Transportation to assign its rights and responsibilities under
the agreement with the FEC to the City. Pursuant to Paragraph
2 of the agreement entered into in 1978, the City will now be
responsible for 50' of the maintenance cost tor maintaining the
FEC crossing on Atlantic Avenue. The maintenance company
contracts with the FEC Railway Company for annual maintenance
of the crossing. There is no additional responsibility for the
City to contract out maintenance work.
Regarding concerns about liability, because the City is
assuming the Department's rights in the 1978 agreement,
Paragraph 7 of the agreement will require the company
maintaining the crossing to indemnify, defend, save harmless
and exonerate the City from all liability, claims and demands
arising out Of the maintenance work done by the compony. Thus,
the City is adequately protected from any claims arising from
faulty maintenance of the railroad crossing.
I believe this memo has addressed the concerns raised at your
November 26, 1991 meeting. 1 f you have any other questions,
plea.. call.
DNT:sh
r _ _. ^ A.- __.L-
·
MEMORANDUM ~
TO: MAYOR AND CITY COMMISSIONERS
1
J .'
FROM: CITY MANAGER ¿ r- I
SUBJECT: AGENDA ITEM # q~ - MEETING OF NOVEMBER 26, 1991
RESOLUTION NO. 96-91
DATE: November 22, 1991
This is a resolution authorizing execution of a railroad
reimbursement agreement for the construction of railroad grade
crossings, installation of traffic control devices, and future
maintenance and adjustment of devices at the railroad crossing at
S.E. 10th Street.
Upon entering into this agreement, the City will assume the
responsibility for contributing 50% of the annual maintenance cost
for the railroad crossing.
Earlier this year, this crossing was reconstructed. In order to
ensure that the federal funds appropriated for the reconstruction
project will be available to pay the City's share, the resolution and
agreement must be executed and delivered to the Department of
Transportation by December 9, 1991.
.",
·GITY.8TTORNEY'S OFFICE TEL No. 407, 278 4755 Nov 20,91 13:01 P.02
I
r [IT'DF DELAA' BEA[H
...~-".. -
CITY AnORNEY'S OFFICE 200 NW hi AVENUB . DBLRAY BEACH. fLORJDA 33444
FACSIMILB 4011278·41'S Wr1 ter 's Direct Lin.
(407) 243-7090
\
\,
MBMORANDUII
Date: November 20, 1991
TOI City Commission
"David Harden, City Manager
From: David N. Tolces, Assistant City Attorn~
Subject: FEC Railroad crossing at S.E. 10th Street
~a1lroad Reimbursement Agreement
The att,ached resolution and agreement shauld-.be placed on the
Nove~r 26, 1991 City Commlssianagen4a. This is a~greement
between the State Department of Transportation, Flor "da East
Coast Railway, and the City. Upon entering into this
agreement, the City will a.ssume the responsibility of con..
tribut1ng 50\ of the annual maintenance cost for the railroad
eroasing.
Sarller this year, this crossing was reconstructed. In order
to insure that the federal funds appropriated for the recon-
struction project will be available to pay the City's share,
the resolution and agreement must be executed and delivered to
the Department of Transportation by December 9, 1991.
DNT:sh
fecrail.txt.
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.-.....'" ~ ,'.I!J ;:¡ ,,0 ,.... .'At. ;" n,ORlOA OIP".-TMINT 01 TIII.".I'OM"tIO"
A£PlACU 722· PI O'''CI 011 JlU.,.C y".......OfITATIO..
'O!" CITY RESOLUTION
p...,..,
GRADE CROSSING AND CROSSING t'RAS::FIC ~ONTROL DEVICES. FUTURE RESPONSIBILITY
COUNTY SeCTION .JOB NUMBER ROAD NAME OR NUMBER COUNTY NAME PARCEL & FVW NUMBER FAP NUMB!fIt
" ,
93 000 6949 S.s 10th. ST. PALM BEACH l{.SI G-R) RRP-000S(382)
A RESOLUTION AUTHORIZING EXECUTION OF A RAILROAD REIMBURSEMENT AGREEMENT FO
THE CONSTRUCTION OF RAILROAD GRADE CROSSINGS, INSTALLATION OF TRAFFIC CONTRC
DEVICES FOR RAILROAD GRADE CROSSINGS. AND FUTURE MAINTENANCE AND ADJUSTMEN
OF SAID CROSSINGS AND DEVICES: PROVIDING FOR THE EXPENDITURE OF FUNDS; AN
PROVIDING WHEN THIS RESOLUTION SHALL TAKE EFFECT.
RESOLUTION NO. Úi to -'1 \
ON MOTION OF Com'missloner (Councilman) JAOÎ {) KAnrb1.ph . seconded b
Commissioner (Councilman) ..LJ..L1I ì A-m q.n f)f"çj L )5 1. the fortowlng,Resolutln was adoptee
WHEREAS. the State of Florida Department of Transportation Is constructing. reconstructing 0
otherwise changing a portion of the Public Road System. »~~ AT !\ £: lOth STREET
~ . which shall call for the Installation and malntenancf
of railroad grade ,çrossing traffic còntrol devices for railroad grade èrosslng over or near said highway
- and
.
NOW. THEREFORE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF , FLORIDA
'.
That the City of DElRAY BEACH enter Into a RAILROAC
REIMBURSEMENT AGREEMENT with the State of Florida Department of Transportation and the FEC
Company for the installation and maintenance of certain
grade crossings and traffic control devices for grade crossings designated aa Job No. 93000-6949
on S.E 10th STREET which crosses the right-of-way and tracks of thE
Company at FDOT/AAR Crossing No. 272495-0 located near DElRAY BEACH
Florida; and
That the· City assume' Its share of the, costs for f Jture maintenance· and adJuitment of said grade
. '
crossing
traffic control devices as designated In the RAILROAD REIMBURSEMENT AGREEMENT: and
That the Mayor and City Clerk be authorized to enter Into such agreements with the State of Florida
Department of Transportation and the FLORIDA EAST COAST RAILWAY Company as
herein described; 6:nd
That this RESOLUTION shall take effect Immediately upon adoption. .
INTRODUCED AND PASSED by t¿. City Comml~on of the City of ~~1.J .
Florida, In regular session, this d.eo day of - , (l' U q>! ¡"'ø I
............. .)"If . 1111....."-
ATTEST: ill(~9'!Jl}."·1iI f r !In If:¡¡ .
IIy ... ltor,lIIC c,_
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. STA~B OP FLORIDA DEPARTMENT OF TRANSPORTATION
OFFICE OF PUBLIC TRANSPORTATION
RAILROAD REIMBURSEMENT AGREEMENT
GRADE CROSSING AND CROSSING TRAFFIC CONTROL DEVICES-MUNICIPAL
. TWO (2)
SUPPLEMENTAL AGREEKBNT NO.
COUNTY SECTION JOB ROAD NAME COUNTY NAME PARCEL & PAP
NUMBER OR NUMBER R/W NUMBER NUMBER
93 000 6949 SE 10th st. Palm Beach l(SIG-Rf RRP-OOOS
(382 )
THIS AGREEMENT, made and entered into this 'G, day of JI) f.JU4A..' ,
19 '\2- by and between the STATE OJ' FLORIDA DEPARTMENT OJ' TRANSPORTATION,
'-
hereinafter called the DEPARTMENT, and FLORIDA BAST COAST RAILWAY CO. ,
a corporation organized and existing under the laws of Florida , with
its principal place of business in the City of st. Auqustine ,
County of st. Johns , State of Florida ,
hereinafter called the COMPANY; and the City of DELRAY BEACH , a
municipal corporation, hereinafter called the CITY.
WHEREAS, the DEPARTMENT is constructing, reconstructing or otherwise
changing a portion of the Public Road Syst~m, designated by the DEPARTMENT
as Job No. 93000-6949 , betwccft at SE 10th st. aflè
, .which crosses at grade the right-of-way and tracks of the COMPANY
at a point 4508 feet South from the ~OMPANY'S Milepost 317 ,
FDOT/AAR Crossing Number 272495-D , at or near Delrav Beach , as
shown on DEPARTMENT'S Plan Sheet No. One , attached hereto as a part
hereof; and
WHEREAS, the CITY and the COMPANY have heretofore on the 23rd day of
May , 19l1-, entered into a RAILROAD LICENSB AGREEMENT for
construction and improvement of said railroad grade crossing; and for
furnishing necessary materials and installing automatic grade crossing
signals and/or other traffic control devices at said railroad grade
crossing; and
NOW, THEREFORB, in consideration of the mutual undertaking as herein
set forth, the parties ,hereto agree as follows:
,
1- The COMPANY shall furnish the necessary materials and install
automatic grade crossing signals and/or other traffic control devices at
31RR-10 1 \'; . (2/91)
" 'I. ~
said location on an actual cost basis, and in accordance with the
DEPARTMENT'S Plan and Standards Index Number 17882 attached hereto and by
;
reference made a part hereof. After said traffic control devices have been
installed and found to be in satisfactory working order by the parties
hereto, the same shall be immediately put into service. After installation
of said signals is completed, fifty (50) percent of the expen~e thereof in
maintaining the same shall be borne by the City and fifty -I (50) percent
shall be borne by the COMPANY, as enumerated by the Schedule of Annual Cost
of Automatic Highway Grade crossing Traffic Control Devices attached hereto
and by this reference made a part hereof.
2. The COMPANY hereby grants to the DEPARTMENT the right to construct
the said Highway at grade, and necessary approaches thereto, across its
right of way and over its track(s) at the hereinabove referred to location.
3. The COMPANY will provide, furnish or have furnished, all necessary
materials required for, and will construct or have constructed at the
DEPARTMENT'S expense a Standard Railroad Crossing Type "T" Mod. , in
accordance with the DEPARTMENT'S Standard Index No. 560 attached hereto and
by this reference made a part hereof. Upon completion of the crossing the
CITY shall be responsible for the maintenance cost of said crossing from
the right of way line to right of way line of the COMPANY including the
portion of said crossing over and across the COMPANY'S existing or future
tracks and over and between the ties therein.
4. All work contemplated hereunder shall at all times be subject to
the approval of COMPANY'S Chief Engineer or his authorized representative.
The DEPARTMENT, or the DEPARTMENT'S Contractor, shall give COMPANY'S
Division Engineer and/or superintendent at least seventy-two (72) hours
notice prior to the performance of any work within the limits of the
COMPANY'S right-of-way.
5. The DEPARTMENT will reimburse the COMPANY for the cost of watchman
or flagging service when the DEPARTMENT'S Contractor is carryi~g out work
adjacent to the COMPANY'S tracks and whenever the contractor is performing
work requiring the movement of employees, trucks, or other equipment across
the tracks of the COMPANY.
6. The DEPARTMENT will require its contractor to furnish Railroad
Protective Public Liability and Railroad Protective Property Damage
, Liability Insurance in a combined amount of $2,000,000.00 for all personal
injuries, death, or property damage per occurrence arising during the
31RR-10 2 \'. ' (2/91)
"
-!I'~
policy period. The maximum dollar amounts of coverage to be reimbursed
from Federal funds, with respect to bodily injury, death and property
damage, is limited to a combined amount of $6,000,000.00 per occurrence
unless approval for larger amounts by the FHWA Division Administrator is
made a part of this Agreement. The DEPARTMENT will also require its
contractor to furnish the COMPANY a certificate of Insurance showing that
the contractor carries liability insurance (applicable to' the job in
question) in the amount of $2,000,000.00 for all personal injuries, death,
or property damage, per occurrence arising during the policy period. Such
insurance is to conform with the requirements of the u.s. Department of
Transportation, Federal Highway Administration, Federal-Aid Highway Program
Manual, Volume 6, Chapter 6, section 2, Subsection 2, Transmittal 350 dated
October 1, 1982, and any supplements thereto or revisions thereof.
7. The DEPARTKENTwill bear the cost of all temporary and permanent
changes made necessary in the COMPANY signal wire line or other facilities,
and in the wire -line facilities of any utility that has compensable
interest on thè COMPANY'S right-of-way occasioned by the construction of
said crossing and the occupancy of the COMPANY'~ property, provided such
costs are accrued as specified in Paragraph 7.
8. The COMPANY hereby agrees to inst~ll and/or adjust the necessary
parts of its facilities along said Road in accordance with the provisions
set forth in the;
(a) DEPARTMENT Procedure No. 132-046 "Reimbursement for utility
and Railroad Relocation," dated October 1, 1973, and Rule
14-46.002 "Responsibility for the Cost of Railroad/Highway
Crossings," Florida Administrative Code, dated February 3,
1971,
K (b) Federal Highway Administration, Federal Aid Highway Program
Manual Volume 1, Chapter 4, section 3, dated August 5,
1988; and Volume 6, Chapter 6, Section 2, SUbsection 1,
dated April 24, 1984,
and any supplements thereto or revisions thereof, which, by reference
hereto, are made a part hereof. The COMPANY further agrees to do all of
such work with its own forces or by a contractor paid under the supervision
~nd approval of the DEPUTMENT and the Federal Highway Administration, when
applicable.
9. The DEPARTMENT hereby agrees to reimburse the COKPANY for all
31RR-10 3 \', ' (2/91)
~ ;'
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,
',I ,
I
costs incurred by it in the adjustment of said facilities, in accordance
with the provisions ðf the above indicated Reimbursement Policy, and any
supplements thereto or revisions thereof. It is understood and agreed by
and between the parties hereto that preliminary engineering costs not
incorporation within this agreement shall not be subject to payment by the
DEPARTKENT.
10. Attached hereto, and by this reference made a par~ hereof, are
plans and specifications of the work to be performed by the COMPANY
pursuant to the terms hereof, and an estimate of the cost thereof in the
amount of $9~.603.00 . All work performed by the COMPANY pursuant hereto,
shall be performed according to these plans and specifications as approved
by the DEPARTMENT, and the Federal Highway Administration if federal aid
participating; and all subsequent plan changes shall likewise be approved
by the DEPARTMENT and the Federal Highway Administration, where applicable.
11- All labor, services, materials and equipment furnished by the
COMPANY in carrying out the work to be performed hereunder shall be billed
by the COMPANY' directly to the DEPARTMENT'S separate records as to the
costs of contract bid items and force account . items performed for the
COMPANY shall also be furnished by the COMPANY to the DEPARTMENT.
12. The COMPANY has determined that the method to be used in
developing the relocation or installation cost shall be as specified for
the method checked and described thereafter:
-X-(a) Actual and related indirect costs accumulated in accordance
with a work order accounting procedure prescribed by the
applicable Federal or state regulatory body.
_(b) Actual and related indirect costs accumulated in accordance
with an established accounting procedure developed by the
COMPANY and approved by the DEPARTMENT.
_(c) An agreed lump sum $ , as supported by a
detail analysis of estimated cost attached hereto. (Note:
This method is not applicable where the estimated cost of
the proposed adjustment exceeds $100,000.00).
13. The installation and/or adjustment of the COMPANY'S facility as
planned (will/will not) involve additional work over and above the minimum
reimbursable requirements of the DEPARTMENT. (If upgrading and/or
, nonreimbursable work is involved at the option of the COMPANY, then credit
against the cost of the project is required and will be governed by the
31RR-10 4 \' . (2/91)
\'~
.".....
""
;
'. ,
,
method checked and described hereafter):
(a) ; % will be applied to the final billing of work
actually accomplished to determine required credit for
(betterment) and/or (expired service life) and/or
(nonreimbursable segments).
(b) All work involving nonreimbursable segme~ts will be
performed by special COMPANY work or job order'number apart
and separate from the reimbursable portion of the work;
such work or job order number to be . The
COMPANY further agrees to clearly identify such additional
work areas in the COMPANY'S plans and estimates for the
total work covered by this Agreement.
(c) $ credited for (betterment) and/or (expired
service life) and/or (nonreimbursable segments) in
accordance with Article 11.(c) herein above.
14. It is ,specifically" agreed by and between the DEPARTMENT and the
COMPANY that the DEPARTMENT shall receive fair and adequate credit for any
salvage which shall accrue to the COMPANY as, a result of the above
adjustment work.
15. It is further agreed that the~cost of all improvements made
during this adjustment work shall be borne by the COMPANY, subject only to
the DEPARTMENT bearing such portion of this cost as represents the cost of
adjustment of previously existing facility, less salvage credit as set
forth in the immediately preceding paragraph.
16. Upon completion of the work, the COMPANY shall, within one
hundred eighty (180) days, furnish the DEPARTMENT with two (2) copies of
its final and complete billing of the costs incurred in connection with the
work performed hereunder, such statement to follow as closely as possible
the order of the items contained in the estimate attached hereto. The
totals for labor, overhead, travel expense, transportation, ,equipment,
material and supplies, handling costs and other services shall be shown in
such a manner as will permit ready comparison with the approved plans and
estimates. Materials shall be itemized where they represent major
components of cost in the relocation following the pattern set out in the
approved estimate as ,closely as is possible. Salvage credits from
recovered and replaced permanent and recovered temporary materials shall
be reported in said bills in relative position with the charge for the
31RR-10 5 \\ ' (2/91)
~ ...
'I,I~
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replacement or the original charge for temporary use.
The final billing shall show tþe description and site of the Project:
the date on which the first work was performed, or, if preliminary
engineering or right-of-way items are involved, the date on which the
earliest item of billed expense was incurred; the date on which the last
work was performed or the last item of billed expense was incu~red; and the
location where the records and accounts billed can be audit~d. Adequate
reference shall be made in the billing to the COMPANY'S records, accounts
and other relevant documents. All cost records and accounts shall be
subject to audit by a representative of the DEPARTMENT. Upon receipt of
invoices, prepared in accordance with the provisions of the above indicated
Reimbursement Policy, the DEPARTMENT agrees to reimburse the COMPANY in the
amount of such actual costs as approved by the DEPARTMENT'S auditor.
17. The COMPANY covenants and agrees that it will indemnify and hold
harmless the DEPARTMENT and all of the DEPARTMENT'S officers, agents, and
employees from any claim, loss, damage cost charge or expense arising out
of any act, action, 'neglect omission or delay by the COMPANY during the
performance of the contract, whether direct or in~irect, and whether to any
person or property to which the DEPARTMENT or said parties may be subject,
except that neither the COMPANY nor any pf its sub-contractors will be
liable under this section for damages arising out of injury or damage to
persons.or property directly caused or resulting from the sole negligence
of the DEPARTMENT or any of its officers, agents or employees.
18. All terms and conditions in the above mentioned RAILROAD LICENSE
AGREEMENT dated May 23. 1972 are hereby reaffirmed except where
supplemented, changed, or amended by this SUPPLEMENTAL AGREEMENT.
.
,
.
31RR-10 6 \', ' (2/91)
"
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IN WITNESS WHEREOF, the parties hereto have caused these presents to
be executed by their duly authorized officers, and their official seals
hereto affixed, the day and year first above written.
"
STATE OJ' J'LORIDA
DEPARTKBH'l' OJ' TRANSPORTATION
BY: ~~-- ( SEAL)
DISTRICT SECRETARY
ATTES~ J.lr "tJ().º~
secretary
"
================- --=--========----- -
COMPANY: FLORIDA EAST COAST RAILWAY CO.
sYt5? ~,jJ\C:~it ( SEAL)
AT::~~~'¿ =~~ -- - -
CITY , FLORIDA
BY: (SEAL)
)
ATTEST: OfJ/)nn~/~'lVJß!¡¡~ .
M:~~£L~ .-r:-~~ : _ þ.J. rd;.,=,-=-~~~=C1"")' Â1~=======
Approved as to Funds Approved as to FHPM
Available Requirements
BY: Approved under Terms of
Fiscal-DOT Date Alternate Procedures. ;
.
31RR-1O 7 \" .. (2/91)
\ ~
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
d;.
FROM: CITY MANAGER
SUBJECT: AGENDA ITEM # I()~ - MEETING OF DECEMBER 3, 1991
ORDINANCE NO. 84-91
DATE: November 27, 1991
This is a second reading of an ordinance correcting the zoning
classification for the Deer Park Water Plant located on the west side
of South Swinton Avenue between S. E. 7th and 8th Streets from R-1A
(Single Family Residential) to CF (Community Facilities) zone
district and correcting the Official Zoning Map.
The property owner has requested consideration of special relief
pursuant to Section 2.4.7 (F)(2) of the Land Development
Regulations. With the adoption of the LDRs in October 1990, this
property along with other non-residential uses were not included as
allowable uses in the R-1A zoning district. The applicant's
representative has argued that the use was legitimized on the site by
approval of a conditional use request in 1984; and, therefore should
not be classified as a non-conforming use under the current R-1A
zoning district.
The Special Advisory Board at their November 5, 1991 meeting
determined that there was a lack of information presented during the
formulation of the LDRs which may have affected the rezoning action.
Accordingly, they made a determination that an inadvertent action may
have occurred. The Planning and Zoning Board is not required to act
of actions of this nature.
Recommend approval of Ordinance No. 84-91 on second and final
reading.
f~o
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---. ---. -----------_._.__._-~-
ORDINANCE NO. 84-91
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, CORRECTING THE ZONING
CLASSIFICATION FOR LAND LYING AND BEING IN SECTION 20,
TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY,
FLORIDA, FROM R-1A (SINGLE FAMILY RESIDENTIAL)
DISTRICT TO CF (COMMUNITY FACILITIES) DISTRICT; SAID
LAND IS LOCATED ON THE WEST SIDE OF SOUTH SWINTON
AVENUE, BETWEEN S.W. 7TH STREET AND S.W. 8TH STREET;
AND CORRECTING "ZONING MAP OF DEL RAY BEACH, FLORIDA,
1990"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING
A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the subject property is shown as being zoned R-1A
(Single Family Dwelling) District on the Zoning District map of the City
of Delray Beach, Florida, dated October 1, 1991; .and,
WHEREAS, a review of City records indicates that such zoning
classification was inadvertently applied to said property; and,
WHEREAS, this error has been brought to the attention of the
City and it is appropriate that the Zoning District Map of the City of
Delray Beach, Florida, dated October 1, 1990, be corrected to reflect
the proper zoning classification of CF (Community Facilities) District;
and,
WHEREAS, this matter was considered by the City Commisssion at
a public hearing and it was determined that the CF (Community
Facilities) District zoning classification was, in fact, inadvertently
applied to the subject property,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DEL RAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Zoning District Map of the City of De1ray
Beach, Florida, dated October 1, 1990, be, and the same is hereby
corrected to reflect a zoning classification of CF (Community
FaciE ties) District for the following described property:
The East 390.05 feet of the North 244.0 feet of the
East three-quarters (E 3/4) thereof for the
right-of-way of Swinton Avenue, said Lot 11 lying in
Section 20, Township 46 South, Range 43 East, Delray
Beach, Florida, as recorded in Plat Book 1 on Page 4,
Sheet 1, of the Public Records of Palm Beach County,
Florida.
Section 2. That the Planning Director of said City shall, upon
the effective date of this ordinance, change the Zoning Map of the City
of Delray Beach, Florida, to conform with the provisions of Section 1
hereof.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
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.
.
1,,1
- ---- -"- --, ------- -- . - ,~
--~----- --..------ - ----~- -----
Section 5. 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 , 1991.
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
.
-2- Ord. No. 84-91
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C I T Y COM MIS S ION DOC U M E NT A T ION
TO: DAVID T. HARDEN, CITY MANAGER
FROM: ~DORLING' P~NER II
THRU: DA~. ~~ DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
RE: MEETING OF NOVEMBER 19, 1991
CORRECTING ORDINANCE, ZONING MAP - CRYSTAL WATER AKA
DEEP ROCK NATURAL RESOURCE UTILITY
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval on first reading of an ordinance correcting the
official Zoning Map.
BACKGROUND:
This possible error in the official Zoning Map has come to the
attention of City officials through correspondence from Doak
Campbell, attorney for the property owner, Gerald J Paller. A
request was made for consideration of special relief pursuant to
Section 2.4.7(F)(2).
The Special Advisory Board met on November 5, 1991. They felt
there was a lack of information which may have affected the
rezoning action. Accordingly, they made a determination that an
inadvertent action may have occurred.
ANALYSIS:
In the early 1970's Klear Water Inc. was established in the R-1A
district at the northwest corner of Swinton Avenue and S.W. 8th
Street. On December 10, 1973 Natural Resource Utilities was
added to all zoning districts as a Conditional Use (Ordinance No.
3973). The Klear Water Inc. company did not pursue a conditional
use request at that time.
To legitimize the existing water extraction use the property
owner, Gerald Paller sought a conditional use approval in 1984.
The City Commission approved the Conditional Use request for
Crystal Water Company on April 24, 1984. With the adoption of
the LDR's in October, 1990 Natural Resource Utilities along with
other nonresidential uses were not included as allowable uses in
the R-IA zoning district.
CITY COMMISSION DOCUMENTATION
CORRECTION ORDINANCE, ZONING MAP - CRYSTAL WATER AKA DEEP ROCK
NATURAL RESOURCE UTITLITY
PAGE 2
The applicant's attorney has argued that the use was legitimized
on the site by the approval of a Conditional Use request and
therefore should not be classified as a nonconforming use under
the current R-1A zoning district.
PLANNING AND ZONING BOARD CONSIDERATION:
Since this item is being considered under the special relief
provisions of the LDR's and pertains to the inadvertent or
inappropriate nature of the action, the Planning and Zoning Board
is not involved.
STAFF ASSESSMENT:
In light of the Conditional use approval received for the use in
1984 staff feels it would be inappropriate to make this site a
nonconforming use. Further, if the above information had been
available during the adoption of the LDR's the site would have
been considered for a CF zoning designation.
ALTERNATIVE ACTIONS:
1- Reject the request (this would allow the owner to petition
for rezoning through the formal process)
2. Reject the request and direct that the item be processed
through the formal rezoning process but waive the rezoning
processing fee.
3. Approve the request.
RECOMMENDED ACTION:
Recommend approval of the ordinance correcting the official
Zoning Map from R-IA to CF (Community Facilities) for a portion
of lot 11 (the east 390.05 feet of the north 244 feet of the (E
3/4) less the east 33 feet of right of way) lying in Section 20
Township 46 South, Range 43 East on the basis that the change in
zoning which made the current use of the property nonconforming
was inadvertent and not appropriate.
Attachment:
* October 21, 1991 Letter from Doak S. Campbell
Location map
PD/#44/CCCRYS.TXT
DOAK S. CAMPBELL, III
ATTORNEY AT LAW
70 S. E. F'OURTH AVENUE
DELRAY BEACH, F'LORIDA 33463
TELEPHONE TELECOÞIER
(407) 276-1690 (407) 276-5603
October 21. 1991
Mr, David J, Kovacs
Director of Planning and Zoning
City of Delray Beach
100 Northwest First A venue
Delray Beach, FL, 33444
Re: Crystal Water Company Plant, Swinton Avenue, Delray Beach, Florida
Dear Da vid:
I represent Gerald J. Paller, the owner of the property known as the Deer Park Water
Plant. In 1984, Mr, Paller made an application to the City of Delray Beach for a conditional
use approval for his water bottling plant. On April 24, 1984, the Delray Beach City Council
approved the petition and granted conditional use approval in the R-1A zoning category which
effectively allowed an existing use to continue by changing the zoning code for this unique
situation. It was the intent of the City Council at the time, by such zoning code change and
conditional use approval, that the use of the site as a water bottling plant would be a permitted
and not a non-conforming use.
By discussions with you and staff, I understand that in October of 1990, pursuant to
City-wide zoning ordinance changes, the conditional use approval for his site was removed and
the water bottling plant use is again a non-conforming one, Since the City's intent at the time
of the earlier rezoning was clearly addressing a unique situation, we do not believe that the
1990 zoning changes intended to specifically alter the use on the property, Therefore, on
behalf of Mr Paller, we request, pursuant to City Code Section 2.4,7, special relief from the City
Commission, The basis for the relief is an inadvertent change in the owner's permitted uses
on the site'during the City-wide overall zoning changes which \"¡ere done without specific
notice to individual owners. Specifically, the o\..¡ner requests that the use of the site as a water
bottling plant with ancillary uses be reinstated as a permitted use,
After you have had a chance to re\'iew this request, wo,uld you please let me know if
any further documentation or information is necessary in order to process the request.
Thank you for your every courtesy and consideration,
Very truly yours,
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER :"j7L
SUBJECT: AGENDA ITEM # 10.6 - MEETING OF DECEMBER 3, 1991
ORDINANCE NO. 81-91
DATE: NOVEMBER 26, 1991
This is second reading of an ordinance which amends the Land
Development Regulations by reducing the amount of çround cover
required for single family and duplex lots and by redefining the
basis for calculating ground cover requirements on commercial
properties. The intent is to be somewhat more sensitive to the
current economic status in the building industry without
significantly diminishing the city's water conservation and
xeriscape objectives.
For commercial, industrial and multi-family developments, the
ordinance proposes that no more than 70% of the combination of
the required interior greenspace and the required perimeter
landscape buffers shall be planted in lawn grass, with the
balance to be planted in a mix of shrubs and ground covers. For
the development of single family and duplex residences, no more
than 80% of the pervious lot area shall be planted in lawn grass,
with a minimum of 20% of the pervious lot area to be planted in
shrubs and ground covers.
The Planning and Zoning Board recommended approval of the
proposed ordinance at the October 21, 1991, meeting.
Recommend approval of Ordinance No. 81-91 on second and final
reading.
p~ d;no fuÆ I-f~o
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MEMORANDUM
TO: DAVID HARDEN - CITY MANAGER
FROM: LULA BUTLER - DIRECTOR. COMMUNITY IMPROVEMENT
SUBJECT: PROPOSED LANDSCAPE CODE TEXT AMENDMENT
DATE: NOVEMBER 13. 1991
ITEM BEFORE THE COMMISSION:
Request City Commission approval to amend the Landscape Ordinance, to reduce
the amount of ground cover required for single family and duplex lots and to
redefine the basis for calculating ground cover requirements on c.:mmercial
properties.
BACKGROUND:
In October 1990. the landscape code was extensively changed. as well as
included in and adopted with the Land Development Regulations. One of the
more impacting changes was the adoption of Xeriscape principles as standards
for landscape design.
The most significant element of Xeriscaping is the reduction of turf or sod
areas and their replacement with shrubs and ground covers. The ordinance
that was adopted limited turf to 70% of the required open space.
Since the adoption of the ordinance. I have heard a lot of complaints
relative to the development of single family homes and duplex residences. as
this seems to have had quite an impact on their landscape budget.
I am proposing that the landscape ordinance be amended to be somewhat more
sensitive to the current economic status in the building industry. I would
like to suggest that the text be amended to state that new single family
homes and duplex residences be limited to sodding 80% of their pervious lot
area. The pervious lot area is the area not covered by buildings. driveways.
pools and walkways.
I am also proposing that commercial. industrial and multi-family residences
still be limited to 70% sod. but this figure would be based on required
interior greenspace and required perimeter landscape buffers. -The current
ordinance requires that the sod be limited to 70% of the required 'open
space' . In most zoning categories. there is a 25% open space requirement.
I feel that developments. which have considerable land area. not being used
for buildings and parking. but which is simply being utilized as open space.
should not be penalized for having additional open space.
r have attached a copy of the proposed changes to the landscape ordinance.
RECOMMENDATION:
We recommend that the City Commission approve the proposed landscape
amendments to the Land Development Regulations as submitted.
1'"
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-- - -~_._.- - -
ORDINANCE NO. 81-91
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING
REGULATIONS", ARTICLE 4.6, "SUPPLEMENTAL DISTRICT
REGULATIONS", SECTION 4.6.16, "LANDSCAPE REGULA-
TIONS", SUBSECTION 4.6.l6(E), "LANDSCAPE DESIGN
STANDARDS", OF THE LAND DEVELOPMENT REGULATIONS OF
THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING
PARAGRAPH 4.6.l6(E)(8){c), "LAWN GRASS", TO PROVIDE
FOR NO MORE THAN EIGHTY PERCENT (80%) OF THE
REQUIRED OPEN SPACE BE PLANTED IN LAWN GRASS;
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 DELRAY BEACH, AS FOLLOWS:
Section 1. That Chapter 4, "Zoning Regulations", Article 4.6,
"Supplemental District Regulations", Section 4.6.16, "Landscape
Regulations", Subsection 4.6.l6(E), "Landscape Design Standards",
Sub-Subsection 4.6.l6(E)(8), "Lawn Grass", 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:
(E) Landscape Design Standards
( 8) Lawn Grass: (Turf or Sod) A major portion of water
demand used for landscape purposes is required for the irrigation
of lawn areas. Portions of landscaped areas that have bee..··
customarily designed as lawns shall be:
(a) Preserved as natural plant communities;
(b) Planted as redeveloped native areas; or
(c) Planted in traditional mixes of trees,shrubs, and
ground covers. Properly managed non-grass landscape
developments of site specific plantings will
typically be able to survive on reduced water
requirement and survive drought conditions better
than lawn areas. No-more-tnan-1e%-of-the-reqn±red
open-spaee-sna%%-be-p%anted-±n-iawn-~rasS7
For commercial, industrial and multi-family develop-
ments, no more than 70% of the combination of the
required interior qreenspace and the required
perimeter landscape buffers, shall be planted in
lawn grass. The balance shall be planted in a mix
of shrubs and ground covers.
For the development of single family and duplex
residences, no more than 80% of the pervious lot
area shall be planted in law qrass. A minimum of
20% of the pervious lot area shall be planted in
shrubs and qround covers.
When used, lawn grass shall be clean and reasonably
free of weeds and noxious pests or diseases. When
grass areas are to be seeded, sprigged or pI ugged,
specifications must be submitted to and approved by
the City Horticulturist. One hundred percent (100%)
coverage must be achieved within ninety (90 ) days.
Nurse grass must be sown for immediate effect a 1'''''
protection against soil erosion until coverage
otherwise achieved.
.
·_,
--, - ---, - -- - ----- --------. ,---..-
----- -----
Solid sod must be used in swales, canal banks,
rights-of-way and other areas subject to erosion.
Section 2. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validi ty or the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be and the same are hereby repealed.
Section 4. That this ordinance shall become effective upon
passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the ____ day of , 1991-
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
.
2 ORD. NO. 81-91
.
,
ORDINANCE NO. 81-91
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING
REGULATIONS", ARTICLE 4.6, "SUPPLEMENTAL DISTRICT
REGULATIONS", SECTION 4.6.16, "LANDSCAPE REGULA-
TIONS", SUBSECTION 4.6.l6(E), "LANDSCAPE DESIGN
STANDARDS", OF THE LAND DEVELOPMENT REGULATIONS OF
THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING
PARAGRAPH 4.6.l6(E)(8)(c), "LAWN GRASS", TO PROVIDE
FOR NO MORE THAN EIGHTY PERCENT (80%) OF THE
REQUIRED OPEN SPACE BE PLANTED IN LAWN GRASS;
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 DELRAY BEACH, AS FOLLOWS:
Section 1. That Chapter 4, "Zoning Regulations", Article 4.6,
"Supplemental District Regulations", Section 4.6.16, "Landscape
Regulations", Subsection 4.6.l6(E), "Landscape Design Standards",
Sub-Subsection 4.6.l6(E)(8), "Lawn Grass" , 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:
(E) Landscape Design Standards
(8) Lawn Grass: (Turf or Sod) A major portion of water
demand used for landscape purposes is required for the irrigation
of lawn areas. Portions of landscaped areas that have been
customarily designed as lawns shall be:
(a) Preserved as natural plant communities;
(b) Planted as redeveloped native areas; or
(c) Planted in traditional mixes of trees, shrubs, and
ground covers. Properly managed non-grass landscape
developments of site specific plantings will
typically be able to survive on reduced water
requirement and survive drought conditions better
than lawn areas. No-more-than-7e%-of-the-required
oþen-sþaee-shall-be-þlanted-in-lawn-qrassõ
For commercial, industrial and multi-family develop-
ments, no more than 70% of the combination of the
required interior qreenspace and the required
perimeter landscape buffers, shall be planted in
lawn qrass. The balance shall be planted in a mix
of shrubs and qround covers.
For the development of sinqle family and duplex
residences, no more than 80% of the pervious lot
area shall be planted in law qrass. A minimum of
20% of the pervious lot area shall be planted in
shrubs and qround covers.
When used, lawn grass shall be clean and reasonably
free of weeds and noxious pests or diseases. When
grass areas are to be seeded, sprigged or plugged,
specifications must be submitted to and approved by
the City Horticulturist. One hundred percent (100%)
coverage must be achieved wi thin ninety ( 90) days.
Nurse grass must be sown for immediate effect and
protection against soil erosion until coverage is
otherwise achieved.
.
,..
.
;
Solid sod must be used in swales, canal banks,
rights-of-way and other areas subject to erosion.
Section 2. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity or the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be and the same are hereby repealed.
Section 4. That this ordinance shall become effective upon
passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the 3rd day of Dece~~
ATTEST:
Q L~1NJ ~ {' j¡.J f r !In 1'17:¡
City Cle k '
First Reading November 19, 1991
Second Reading December 3, 1991
.
2 ORD. NO. 81-91
·'H~
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
,-. l~
FROM: CITY MANAGER -, ^
"
SUBJECT: AGENDA ITEM # lo~ - MEETING OF DECEMBER 3, 1991
ORD!NANCE NO. 83-91
DATE: November 27, 1991
This is a second reading of an ordinance· amending th~ Code of
Ordinances by enacting a new section 98.30 "Waste Tire Dumping" , to
provide for licensing, rules and regulations regarding waste tire
collectors ..
Florida Statutes require individuals and businesses who transport or
remove used tires to register with the State Department of
Environmental Regulation. This ordinance reinforces that requirement
by requiring businesses in the City that deal in used tires to
register and do business only with registered waste tire collectors.
Fines up to $500 and 60 days in j ai 1 , for illegal dumping, are
already in the City Code. This ordinance is identical to the one the
County is presently proposing.
Recommend approval of Ordinance No. 83-91 on second and final
reading.
p~ ~no ~ 6-0
C I T Y A li T O~ N E Y!..S 0 F FIe E TEL No. 407 278 4755 Nov 14,91 15:00 P.02
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CITY ATTORNEY'S OFFICE zuu NW ISI AVt::-OUt: . LJt:LKAY I:U::ACH, i'LU1WJA 3J444
FACSIMILE 4071278·4755 Writer's Direct Line
(407) 243-7090
4:., .,.. .
-
Dat.e: November 1", 1991
'1'0 : City Commission
.David Harden, City Manager
From: David N. Tolces, ASsistant City Attorne~
Subject: Tire Dum~in9 Ordinance
Florida Statutes require 1nc:11v1c:1uals and businesses who
transport or remove used tires to reqister with the State
Department of Environmental Regulation. This ordinance
reinforces that requirement by requiring businesses in Delray
Beach tnat deal in used tires to register and do bus1ness only
with l'eqistered waste tire collectors. Ultimately, this
ordinance would give the City's Police Department the authority
to stop a truck it believes is carrying a large amount of
tires. Fines up to $500 and 60 days in jail are alreaðy in the
city's Coc1e of ordinances, and could be levied against the
,violator.
It is ~oped that the provisions of this ordinance could be used
to stop illegal tire dumpers before they dump tires illegally.
111i8 will have a beneficial effect on the appearance of the
comrnun1ty, and l1m1t mosquito breeding areas in the swmner
months.
This ordinance is identical to one t.he count.y is presently
proposing. coordinated enforcement of the ordinance's
provisions could result from the passage of the ordinances.
DNT:sh
Attachment
cc: Chief OVerman, Delray Beach Police Department
tire-l.txt
-1;'1
CITY RT10RNEY'S OFFICE TEL No. 407 278 4755 Nov 14,91 l6:0S .p,ú~
.
ORDINAnCE NO. q~-9
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, TITLE 9, "GENERAL REGULA-
TIONS", OF THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, FLORIDA, BY AMENDING CHAPTER 98,
"LI'rl'ER", BY ENACTING A NEW S!CTION 98.30, "WASTE
TIRE DUMPING", TO PROVIDB FOR LICENSING, RULES AND
REGULATIONS REGARDING WASTB TIRE COLLECTORS;
PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A
SAVING CLAUSB; PROVIDING AN EFFECTIVE DATE.
WHEREAS, Rule 17-711.300, Florida Administrative Code, requirøs the
registration/permitting of waste tire collectors by the Department of
Environmental Regulatión; and
WHEREAS, section 403.161, Florida Statutes, provides certain
penalties tor those persons who do not obtain the required permits; and
WHEREAS, the intent of this ordinance is to enable more efficient
local regulation and enforcement of waste tire dumping in Palm Beach
County; and
WHBREAS, the City Commission of the City of Delray Beach, Florida,
declares that the requirement. propoled herein are necessary to protect
the health, safety and general welfare of the residentl of the City of
Delray Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Ti tie 9, "General Regulations", Chapter 9 8,
"Litter", of the Code of Ordinances of the City of Delray Beach,
Florida, be, and the same i8 hereby amended to read as followl:
Section 98.02 DEFINITIONS
"Department" means the state of Florida Department of Environ-
mental Reoulation.
"Generator" means a terson not defined as a collector which
oenerates waste tires in t e ordinary course of business.
"Waste Tire" means a whole tire that is no lonoer suitable for
its oriainallv intended purpo.e because of wear, damaoe or defect.
"Waste Tire Collector" means a perllon whO removes and/or
transports more than 25 waite tires or processed tires from one
place to another over public hiohwaYI.
Section 2. That Title 9, "General Regulations", Chapter 98,
"Litter", of the Code of ordinances Of the City of Delray Beach,
Florida, be, and the same is hereby amended by enacting a new subsection
98.30, "Waste Tire Dumping", which reads a. follows:
Section 98.30 WASTE TIRE DUMPING
A Ever waste tire collec~or 0 eratin in the Cit of
Delrav Beach, Florida, s a reoister w t the Department and
obtain a permit therefrom ~ursu.nt to Rule 17-711.300(2) and (3),
F.e.A. prior to removinq an lor transPOrtino waste tires.
of
.
'I'~
CITY ATTORNEY'S OFFICE TEL No, 407 278 4755 Nov 14,91 16:09 ~.03
Beach Code of Ordinances. Failure to deal with a licensed waste
tire collector shall be deemed a violation of this ordinance.
(C) Violations
It shall be a violation ot this ordinance for any person to:
1. Transport waste tire. without havinQ first obtained
a license a8 reauired by this ordinance in the State of
Florida.
2. Give or display fal.e identification or siqn a false
name when reauired to furnish identification.
3. Contract or arranqe with another person to transport
waste tires for storaqe or disposal. who does not meet the
requirements under Section 90.30CA) of the Code of Ordinances
of the City of Delray Beach, Florida. .
Section 2. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity or the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be and the same are hereby repealed.
Section 4. That this ordinance shall become etrective upon
pas.age on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the ____ day of , 1991.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
.
2 ORC. NO.
I·"
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.
ORDINANCE NO. 83-91
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING TITLE IX, "GENERAL
REGULATIONS" , OF THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, FLORIDA, BY AMENDING CHAPTER
98, "LITTER", BY ENACTING A NEW SECTION 98.30,
"WASTE TIRE DUMPING" , TO PROVIDE FOR LICENSING,
RULES AND REGULATIONS REGARDING WASTE TIRE
COLLECTORS; PROVIDING A GENERAL REPEALER CLAUSE;
PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, Rule 17-711.300, Florida Administrative Code,
requires the registration/permitting of waste tire collectors by
the Department of Environmental Regulation; and,
WHEREAS, Section 403.161, Florida Statutes, provides
certain penalties for those persons who do not obtain the
required permits; and,
WHEREAS, the intent of this ordinance is to enable more
efficient local regulation and enforcement of waste tire dumping
in Palm Beach County; and,
WHEREAS, the City Commission of the City of Delray
Beach, Florida, declares that the requirements proposed herein
are necessary to protect the health, safety and general welfare
of the residents of the City of Delray Beach,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF DEL RAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Title IX, "General Regulations",
Chapter 98, "Litter", Section 98.02, "Definitions", of the Code
of Ordinances of the City of Delray Beach, Florida, be, and the
same is hereby amended to include the following definitions:
Section 98.02 DEFINITIONS.
"Department" means the State of Florida Department
of Environmental Regulation.
"Generator" means a person not defined as a
collector which generates waste tires in the ordinary
course of business.
"Waste Tire" means a whole tire that is no lonqer
suitable for its oriqinally intended purpose because of
wear , damaqe or defect.
"Waste Tire Collector" means a person who removes
and/or transports more than twenty-five (25) waste
tires or processed tires from one place to another over
public highways.
Section 2. That Title IX, "General Regulations" ,
Chapter 98, "Litter", of the Code of Ordinances of the City of
Delray Beach, Florida, be, and the same is hereby amended by
enacting a new subsection 98.30, "Waste Tire Dumping", to read as
follows:
Section 98.30 WASTE TIRE DUMPING.
(A) Every waste tire collector operating in the
City of Delray Beach, Florida, shall reqister with the
Department and obtain a permit therefrom pursuant to
Rule 17-711.300(2) and (3), F.A.C., prior to removing
. and/or transporting waste tires.
'"
· ' . ~ ,
,
(B) Every waste tire generator operating in the
City of Delray Beach, Florida, shall deal with waste
tire collectors who are licensed as set forth in
Section 98.30(A) of the City of Delray Beach Code of
Ordinances. Failure to deal with a licensed waste tire
collector shall be deemed a violation of this
ordinance.
(C) Violations. It shall be a violation of this
ordinance for any person to:
(1) Transport waste tires without having
first obtained a license as required by this
ordinance in the State of Florida.
(2) Give or display false identification or
sign a false name when required to furnish
identification.
(3) Contract or arrange with another person
to transport waste tires for storage or disposal,
who does not meet the requirements under Section
98.30(A) of the Code of Ordinances of the City of
Delray Beach, Florida.
Section 2. That should any section or provision of
this ordinance or any portion thereof, any paragraph, sentence or
word be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the validity or the
remainder hereof as a whole or part thereof other than the part
declared to be invalid.
Section 3. That all ordinances or parts of ordinances
in conflict herewith be, and the same are hereby repealed.
Section 4. That this ordinance shall become effective
upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and
final reading on this the 3rd day of December, 1991.
~~
, MAY~
ATTEST:
() ð;.1Im fìJJ. f HJ ~ !Io ~~
City C rk
First Reading November 19, 1991
Second Reading December 3, 1991
· - 2 - ORD. NO. 83-91
".1~
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
. ,,,1/
FROM: CITY MANAGER. /l
SUBJECT: AGENDA ITEM # loD- - MEETING OF DECEMBER 3, 1991
ORDINANCE NO. 67-91
DATE: November 27, 1991
This is a second reading of an ordinance amending the Code of
Ordinances to provide for a decreased penalty charge (from $10.00 to
$5.00) for late payment of fees for utility services.
In the event water use charges become delinquent and/or water
services are discontinued by the City, said service shall not be
restored until all delinquent charges, plus the penalty for late
payment, and shut off and reconnection charges are paid in full.
Recommend approval of Ordinance No. 67-91 on second and final
reading.
p~ dnO ewÆ 5---0
·
ORDINANCE NO. 67-91
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING ORDINANCE 59-90, BY
AMENDING SECTION 52.39, "OTHER FEES", AND SECTION
52.52, "RESUMING SERVICE AFTER DISCONTINUANCE FOR
DELINQUENCY", TO BE CODIFIED IN THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, TO
PROVIDE THAT A PENALTY SHALL BE ASSESSED IF PAYMENT
IS DELINQUENT ANDIOR WHEN SERVICES ARE DISCONTINUED
BY THE CITY AS A RESULT OF SUCH DELINQUENCY;
PROVIDING FOR A DECREASED PENALTY AMOUNT; PROVI:.NG
A GENERAL 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, TO READ AS FOLLOWS:
I Section 1. That Section 9 of Ordinance No. 59-90, Sect ion
52.39, "Other Fees", to be codified in the Code of Ordinances of the
City of Delray Beach, Florida, be and the same is hereby amended by
adding a new subsection (0) to read as follows:
(D) Late Payment.
In the event water use charqes become delinquent and/o.
water services are discontinued by the City, said
! services shall not be restored until all delinquent
! charqes plus a five dollar ($5.00) penalty for late
I payment and shut off and reconnect ion charqes are paid in
full.
Section 2. That Section 10 of Ordinance 59-90, Section 52.52,
"Resuming Service After Discontinuance for Delinquency", to be codi fled
in the Code of Ordinances of the City of Delray Beach, Florida, is
hereby amended by amending subsection (A) to read as follows:
(A) In the event the water use charge. against it become
delinquent and lor said services are discontinued by the
City as herein--Provided, said services shall not be
restored until all delinquent charges plus a-teft-doiiar
tti8~88t five dollar ($5.00) penalty for late payment and
shutof and reconnect ion charge. are paid in full, An
additional guarantee-of-payment deposit shall be required
so that the actual deposit held by the City shall be
equal to twice the amount of the current guarantee-of-
payment schedule as set forth in Section 52.33. However,
the City shall not refuse to accept an application for
water service or to open a separate water service account
because of an outstanding delinquent bill on the subject
property which was not incurred by the applicant.
Section 3. That all ordinances or parts of ordinances ~n
conflict herewith be and the same are hereby repealed.
Section 4. That should any section or provision of this
ordin~nce or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
.
I'll
-
-
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 this ordinance, after its passage on second
and final reading, shall become effective October 1, 1991-
PASSED AND ADOPTED in regular session on second and final
reading on this the day of 1991.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
I
2
ORD. NO. 67-91
.
M E M 0 RAN DUM
TO:
FROM: Joseph tor of Finance
DATE 9-6-91
SUBJECT: REVISION OF ORDINANCE #59-90
Utility Bill-Late Payment Penalty Revision
Attached is a draft revising the language of Ordinance
59-90 to clarify the time when a late payment penalty is
imposed on delinquent utility bills and to reduce the
amount to $5.00 from $10.00.
I recommend that the amount be changed due to the
volume of customer complaints and the fact that a $5.00
penalty is comparable to other municipalities and other
utility companies.
I ,~
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[IT, DF DELAA' BEA£H
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100 N.W, 1st AVENUE DELRAY BEACH, FLORIDA 33444 407/243- 7000
r
MEMORANDUM
TO: David Harden, City ~anager
FROM: Jan Williams, Utility Billing
THRU: Joseph Safford, Director of Finan
DATE: Septem~er 12, 1991
SUBJECT: AGENDA ITEM # 12H - MEETING OF SEPTEMBER 10, 1991
ORDINANCE NO. 67-91 AMENDING THE LATE PAYMENT PENALTY
LANGUAGE AND AMOUNT
-------------------
During the implementation of the rate structure reccommended by
Ernst & Young, other fees and rates were also reviewed for
possible revision. At that time, it was decided that a late
payment penalty be imposed on delinquent utility accounts. The
fee was set at $10.00.
The entire water and sewer chapter of the code of ordinances was
revised, however, the language in the body of the ordinance
relating to the late payment penalty (Section 10), did not make
it clear when a late payment penalty was to be imposed. The
original intent was clearly to assess a late payment penalty on
all delinquent accounts, and not just those where service was
discontinued. In fact, we have been assessing our utility
accòunts for this late payment penalty.
In July, staff recommended that the late payment penalty be
reduced from $10.00 to $5.00 due to the increased influx of
telephone calls and complaints regarding the high fee. The City
of Boca Raton imposes a $10.00 late fee, but they bill bimonthly
so the monthly rate would be $5.00.
Attached is previous correspondence regarding this item, along
with the old ordinance and the amended item.
Please let me know if you would like further information on this
matter.
THE EFFORT ALWAYS MATTERS
·
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
,<'"
FROM: CITY MANAGER ,: ~
SUBJECT: AGENDA ITEM # 1o E, - MEETING OF DECEMBER 3, 1991
ORDINANCE NO. 86-91
DATE: November 27, 1991
This is a second reading of an ordinance correcting the zoning
designation on a portion of the Unity School property located on the
east side of N.W. 2nd Avenue, approximately 400 feet north of N.W.
22nd Street from R-1A (Single Family Resident) to CF (Community
Facilities) zone district and correcting the official zoning map.
The tennis courts for Uni ty Church are located on a separate parcel
( lot) . When staff was constructing the zoning map, it was thought
that the lot was one of the single family development lots of the
adjacent subdivision. Upon review of a recent land development
application, this error was discovered. The rest of the holdings of
Unity Church are CF¡ thus, it is appropriate to zone this property
accordingly. A correction must also be made to the Future Land Use
Map. This will be accommodated in Comprehensive Plan Amendment 92-1.
The property owner has been notified of this action and has consented
to the rezoning action.
Recommend approval of Ordinance No. 86-91 on second and final
reading.
pQ1)DL(i j~o
,
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ORDINANCE NO. 86-91
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, CORRECTING THE ZONING
CLASSIFICATION FOR LOT 1, LAKE EDEN SUBDIVISION, PLAT
NO. 1, AS RECORDED IN PLAT BOOK 28, PAGE 216 OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, FROM
R-lAA (SINGLE FAMILY RESIDENTIAL) DISTRICT TO CF
(COMMUNITY FACILITIES) DISTRICT: SAID LAND IS LOCATED
ON THE EAST SIDE OF N.W. 2ND AVENUE, APPROXIMATELY 400
FEET NORTH OF N.W. 22ND STREET: AND CORRECTING "ZONING
MAP OF DELRAY BEACH, FLORIDA, 1990": PROVIDING A
GENERAL REPEALER CLAUSE: PROVIDING A SAVING CLAUSE:
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the subject property is shown' as being zoned R-1AA
(Single Family Dwelling) District on the Zoning District map of the City
of Delray Beach, Florida, dated October 1, 1991: and,
WHEREAS, a review of City records indicates that such zoning
classification was inadvertently applied to said property: and,
WHEREAS, this error has been brought to the attention of the
City and it is appropriate that the Zoning District Map of the City of
Delray Beach, Florida, dated October 1, 1990, be corrected to reflect
the proper zoning classification of CF (Community Facilities) District;
and,
WHEREAS, this matter was considered by the City Commisssion at
a public hearing and it was determined that the CF (Community
Facilities) District zoning classification was, in fact, inadvertently
applied to the subject property,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DEL RAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Zoning District Map of the City of Delray
Beach, Florida, dated October 1, 1990, be, and the same is hereby
corrected to reflect a zoning classification of CF (Community
Facilities) District for the following described property:
Lot 1, Lake Eden Subdivision, Plat No. 1, Recorded in
Plat Book 28, Page 216 of the Public Records of Palm
Beach County, Florida.
Section 2. That the Planning Director of said City shall, upon
the effective date of this ordinance, change the Zoning Map of the City
of Delray Beach, Florida, to conform with the provisions of Section 1
hereof.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
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.
.
,1·'1
- -.- - ~- ---- -------+ ----- --, ,-
Section 5. 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 , 1991.
M A '{ 0 R
ATTEST:
City Clerk
First Reading
Second Reading
-2- Ord. No. 86-91
.
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDEN, CITY I'1ANAGER
~~. {o« ~~ ~
FROM: DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF NOVEMBER 19, 1991
ORDINANCES CORRECTING THE OFFICIAL ZONING MAP
R-l-A TO C.F. (NORTH SWINTON AVENUE)
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval on first reading of two ordinances, each of which
corrects errors made on the Official Zoning Map when it was
adopted with the revised LDRS.
These items are being presently directed to the City
Commission through the provisions of Section 2.4.7(F)(2)
Relief From Improper Regulations.
BACKGROUND:
Each of these items have been reviewed by the Special Adjustment
Advisory Board and have been forwarded directly to the City
Commission on the basis of improper enactment at the time of
adoption of the LDRs. The basis for each determination is as
follows:
Unity Church '.rennis Courts, R-I-A to CF: The tennis courts for
Unity Church are located on a separate parcel ( lot) . ~vhen
constructing the zoning map, it was thought that the lot was one
of the single family development lots of, the adjacent
subdivision. Upon review of a recent land development
application, this error was discovered. The rest of the holdings
of Uni ty Church are C.F. , thus it is appropriate to zone this
property accordingly. A correction must also be made to the
Future Land Use Map. This will be accommodated in Amendment
92-l.
The property owner has been notified on this situation and, by
letter, has consented to the rezoning action. Thus, normal
second reading advertising can be accommodated.
City commission Documentation
Meeting of November 19, 1991
Ordinances Correcting The Official Zoning Map
R-1-A to C.F. (North Swinton Avenue)
Page 2
Canal/Lift station, north of Unity Church, l{-l-A to CF: This
property is an excess parcel ~,hich resulted from the creation of
the Lake Eden Subdivision. A canal intrudes into the si te. A
municipal lift station is located at the east end of the site.
The property is shown as an extension of Lake Eden on ~he Future
Land Use Map. While Lake Eden is zoned as Open Space (OS); it is
more appropriate to place CF zoning on the property since the
lift station is there and the canal feature is not a ~egularly
maintained feature of Lake Eden.
The inappropriate zoning was discovered during review of a land
development request on adjacent property to the south. A public
hearing regarding that item (church use) will be before the
Planning and Zoning Board on November 18th. If any concerns are
aired at that meeting, they will be reported at the City
Commission meeting.
The property owner has been informed of this situation. While
there is no interest in making use of the property, we do not
have a letter of consent; thus, special (30 day) formal notice
must be provided to the property owner.
RECOMMENDED ACTION:
By motion, approval of each ordinance on first reading and
establishment of the pUblic hearing dates as appropriate.
Attachment:
* Location Map
* Ordinances by others
DJK/'86/CCCF.TXT
~
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER/r-
SUBJECT: AGENDA ITEM # ,~ - MEETING OF DECEMBER 3, 1991
ORDINANCE NO. 90-91
DATE: NOVEMBER 26, 1991
This is first reading of an Ordinance rezoning the Lakeview Golf
Course property from R-1AA and R-1AA-B (Single Family
Residential) zoning districts to OS (Open Space) zoning district.
There is an inconsistency between the Future Land Use Map and the
Zoning Map. The Commission has declined to alter the Land Use
Map; therefore, the Zoning Map must be altered. If the
inconsistency is not resolved, no development can occur on the
golf course property; however, a compromise solution has not been
devised.
The Planning and Zoning Board formally reviewed this item during
its consideration of Plan Amendment 91-1 and the concurrent
rezoning action. The Board recommended that the Future Land Use
Map be changed and that the zoning remain as it is.
A detailed memorandum and letter from the owners of the Lakeview
Golf Course are attached as backup information.
Recommend approval of Ordinance No. 90-91 on First Reading.
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-- -.- --- -- ~--- ----- --- -- -- -
-- -----_._- ~ --------
. -~- ------ - - '
ORDINANCE NO. 90-91
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED R-1AA (SINGLE FAMILY RESIDENTIAL)
DISTRICT AND R-1AA-B (SINGLE FAMILY RESIDENTIAL)
DISTRICT IN OS (OPEN SPACE) DISTRICT: SAID LAND LYING
AND BEING IN SECTION 24, TOWNSHIP 46 SOUTH, RANGE 42
EAST, PALM BEACH COUNTY, FLORIDA, AND BEING MORE
PARTICULARLY DESCRIBED HEREIN: AND AMENDING "ZONING
DISTRICT MAP, DEL RAY BEACH, FLORIDA, 1990": PROVIDING
A GENERAL 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 1. That the following described property in the City
of Delray Beach, Florida, is hereby rezoned and placed in the OS (Open
Space) District, as defined in Chapter Four of the Land Development
Regulations of Delray Beach, Florida, to-wit:
Tract A (Less OR 6145, Page 1395) and Tract B (Less OR
3183, Page 1155 and OR 5417, Page 724), according to
the Plat of Lakeview, recorded in Plat Book 30, Pages
10 and 11, of the Public Records of Palm Beach County,
Florida, together with:
A parcel of land in Section 24, Township 46 South,
Range 42 East, City of Delray Beach, Palm Beach
County, Florida, known as the Lake in Lakeview
Subdivision, being more particularly described as
follows:
Beginning at the Southeast corner of Lot 2, Block 4,
Lakeview, according to the Plat thereof, as recorded
in Plat Book 30, Pages 10 and 11, of the Public
Records of Palm Beach County, Florida, and the Point
of Beginning: thence South 44043'40" east a distance
of 63.93 feet: thence due south a distance of 240.02
feet: thence North 89027'28" west a distance of 200.00
feet: thence North 59027'28" west a distance of 260.00
feet: thence North 89027'28" west a distance of 740.00
feet: thence South 60032'32" west a distance of 85.00
feet: thence North 82041'52" west a distance of 318.72
feet: thence South 45016'17" west a distance of 176.00
feet: thence North 89027'28" west a distance of 60.00
feet: thence North 51027'32" west a distance of 65.00
feet: thence due north a ,distance of 200.00 feet:
thence north 45016'17" east a distance of 63.33 feet:
thence south 89027'28" east a distance of 1700.00 feet
to the Point of Beginning.
The above described parcel contains 48.00 acres more
or less.
The subject property is located west of Dover Road
between Lakeview Boulevard and Linton Boulevard,
Delray Beach, Florida.
Section 2. That the Planning Director of said City shall, upon
the effective date of this ordinance, change the Zoning District Map of
the City of Delray Beach, Florida, to conform with the provisions of
Section 1 hereof.
#
~
---_.._._.~_.._-_._--- ------_._--------~---~~~_.- -,-
~ ..- .---.- --- - ---'~ ._.._.-_._-~_. - - --------- ----- --
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
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 this ordinance shall become effective imme-
diately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1991-
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
. -2- Ord. No. 90-91
~. '(
- ~·7 ~ \.
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDEN, CITY MANAGER
'tCt\ò~~ -:s,. \L"0OL" ~\Q
FROM: DAVID J. KOVACS, D RECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJEC'l': MEETING OF DECEMBER 3, 1991
REZONING ORDINANCE, FIRST READING, LAKEVIEW GOLF COURSE
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval on first reading of an ordinance which will rezone
property known as the Lakeview Golf Course and a lake within
the Lakeview Subdivision from R-1AA and R-1AAA-B to Open
Space ( OS) .
Because this is a City initiated rezoning of private
property, it is necessary to provide a thirty (30) day
written notice to affected property owners. Thus, second
reading and public hearing will be held in January, 1992.
BACKGROUND:
This item is well known to City Commissioners. A brief
chronology follows:
1. Prior to adoption of the Comprehensive Plan, the property
was identified as residential (there was not an open space
category on the Future Land Use Map).
2. In November, 1989, upon adoption of the Comprehensive Plan,
the property was designated as Open Space on the Future Land
Use Map.
3 . In bringing the (then) existing zoning into compliance with
the newly enacted Future Land Use Map, the property was
proposed for OS zoning in 1990.
4. At the LDR (zoning map) adoption hearing, the City
Commission in response to an objection by the owner of the
Golf Course, did not rezone the property. This created an
inconsistency with the Future Land Use Map. The City
Commission directed that a change to the Land Use Map be
considered.
City Commission Documentation
Rezoning Ordinance, First Reading, Lakeview Golf Course
Page 2
5. Such a proposed change was considered in Amendment 91-1. At
the City Commission's transmittal hearing, the item was
deleted from the amendment. Thus, the inconsistency
remained. The City Commission directed that the
Administration meet with the property owners to discuss
alternative courses of action prior to proceeding with a
rezoning to open space.
6. One meeting was held among the Administration and the
property owners and their legal representative. Subsequent
correspondence occurred. No proposals were set forth.
Later the property owner provided a packet of material for
each Commissioner and (presumably) has met with each.
7 . The City Commission directed that this item again come
before them so that it can be closed.
ISSUE:
Quite simply there is an inconsistency between the Future Land
Use Map and the Zoning Map. The City Commission has declined to
alter the Land Use Map; thus, the zoning Map must be altered.
(Note: if the inconsistency is not resolved, no development can
occur on the golf course property. But not resolving the
conflict provides misleading information due to these two
documents being inconsistent.)
A compromise solution has not been devised. The property owners
have petitioned for the City Commission to enact an amendment to
the Future Land Use Map to change the land use designation of
Open Space and thus validate the existing zoning. (See their
letter of September 23, 1991).
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item during
its consideration of Plan Amendment 91-1 and the concurrent
rezoning action. Adjacent property owner notification was
accommodated at that time.
The Board recommended that the Future Land Use Map be changed and
that the zoning remain as it is.
RECOMMENDED ACTION:
By motion, approval of the rezoning ordinance on first reading.
Attachment:
* Location map
* Ordinance by others
* Letter from Property OWner dated September 23, 1991.
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The Lakeview Golf Club -~ U\J~{Q) ¡'
1200 Dover Road 3EP 2 ?
Delray Beach, Florida 33445 4 ",:/
(407) 498-5486 , J'Y CO;~v11\r11SS10N f
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City of Delray Beach I' ',' '\.::.i ¡~ ,1
, ' , ,-,,-.- ~i.....~i~
100 NW 1st Avenue I, ~., ·v.J
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Delray Beach, Fl 33444 -. --,î ,....,,.,, '¡~91
Attn: Mayor Thomas E. Lynch ;.J
September 23, 1991 ;-:: L/~-.. : r"'; ;;-'. >J & ¿:~¡' ~; :'.J (;
Dear Mayor Lynch,
We are writing to make sure you have all of the facts concerning the history
of the present owners involvement with Lakeview Golf course. We also have
included a history of our involvement with the Comprehensive Land use Plan.
We have listed some of our concerns, the present status, some recommedations
and a summary.
HISTORY OF LAKEVIEW GOLF CLUB INC.
In early March, 1980, the Lakeview Homeowner's Association was notified
that the owner of Lakeview Golf Course was about to sell the Golf Course to
a third party. .
It was decided that representative(s) of interested Lakeview homeowners
would approach the owner with the prospect of some Lakeview residents
having the opportunity to purchase the property instead of the unknown third
party.
The "Interested" Lakeview owners were well aware that the golf course 'was
zoned residential.
It was our concern then, that the golf course would be sold to a third party
who might have an interest in developing the golf course by building
residential homes in back of ours.
We were also well aware that residential property in a rapidly growing
Delray Beach was increasing in value and gave one a warm feeling that
our investment was safe regardless of the success of the golf course.
At any rate the representatives talked with the owners about our interest.
The Owner's graciously accepted and the representatives proceeded to find
people to invest in the purchase of the golf course.
The final result was that 10 people purchased the property and became the
new owners on April 26,1980. Some of the original owners are deceased. The
property is now owned by eight people. Five of the present owners reside in
Lakeview. The remaining three are relatives of the deceased owners.
Lakeview Golf Course is a "PUBLIC" 18 hole Executive (Par 60) Course. The -
entir.e cost of runnina the course is oaid for bY the owners of the course. "
THE REStDENTS SURROUNDING THE COURSE DO NOT, AND NEVER HAVE CONTRIBUTED ONE
CENT TOWARD THE PURCHASE OR THE MAINTENANCE OF THE PROPERTY.
P AGE 1 of 5
_.-..,-_.~~""--
(history of Lakeview- continued)
Lakeview Golf Course has always tried to be a good neighbor to residents of
the Lakeview and Shadywoods subdivisions. We have allowed free use of our
clubhouse for meetings, picnics, and parties. Walking, jogging, fishing and
~alking of pets are allowed after hours.
There are many elderly people, widows, and handicapped or ill people living
in the area. Our personnel have trimmed trees, carried,heavy loads, picked
up trash, started dead cars, and practically anything within reason, as
time permitted.
Upon request, we have repainted, replanted, moved trees, you name it, we
have done it, right up to "Giving" a piece of property 4 Ft. x 100 Ft. to
enable a resident to screen in his pool.
The first several years of ownership were very difficult, financially. In
addition to payíng on a mortgage, we spent a great deal in improving the
course and building up a steady clientele. This made it impossible to take
any profit and in many cases had to add cash out of pocket. The. last few
years we have finally been able to receive some return on our investment.
Now we are paying additional costs (attorney's fees,appraisal fees, etc. ) to
protect our investmenmt from the parties interested in taking it from us.
HISTORY OF THE COMPREHENSIVE LAND PLAN (As related to Lakeview Golf Course)
In September 1989, a newspaper article came out with a full page spread of
the expected content of the plan. It showed all golf courses in Delray Beach
to be designated "Open Space" (OS). This was not noticed by the owners.
It is important to note that no written notice was sent to Lakeview Golf
Club, even though the address of the club was known.
The owners feel that if written notice was given before the proposed plan
was drawn up, we could have corrected some of the mis-information (See
below) the Planning and Zoning Board and Commissioners were using in that
time frame. If that had happened we would not be addressing this subject
today.
MIS-INFORMATION USED
1- Lakeview Golf Course is a non-public course.
2. Lakeview Golf Course is an amenity of Lakeview subdivision and/or
Lakeside Town Homes
3. There is no access to a street system for any part of the golf course
other than the area along Dover Road.
In .July of 1990, the full page spread again appeared in the newspaper. This
time the Lakeview Golf Club Inc. president, William Murray noticed the
spread and OS designation given to our property.
It is important to note that again, no written notice was sent to Lakeview
Golf club, even though the address of the club was known.
The owners proceeded to contact the city and our treasurer, Sara Murray
attended every Planning and Zoning Board meeting and every City Commission
"1eeting that discussed this item from that date to present.
We objected to the plan at the .July 23, 1990 Public Hearing. It was obvious
that the city did not know much about Lakeview except that it was a golf
course and thought it should be OS in the plan. (See Mis-information above)
P AGE 2 of 5
(History of Comprehensive Plan- continued)
NOTE: Lakeview Golf Course is the only course that is adversely affected
(financially> by this OS Classification. All of the other courses are
Private-Equity owned , City owned, Private Country Clubs, or were already
an amenity to homes built or being built on the property.
Please note: After this meeting, written notice was sent to DelAire to
tell them that they would be OS in the plan. DelAire is a Private-Equity
owned course.
In subsequent meetings in 1990, the city agreed to leave the Zoning as is
(R-IAA, R1-AAA-B> and reconsider the FLUM designations.
On March 13, 1991 we received a letter from 3. Stanley Weedon 3r. informing
us that the Comprehensive Plan Amendment 91-1 was due to be finalized. The
letter also stated that a formal notice would be sent to us and to everyone
within 500 feet of the affected property within the' next several weeks. Sara
Murray, our treasurer, met with Stan and David Kovacs on March 29,1991 at
2:00 PM.
She objected to notices being sent out. How could anyone of sound mind not
know that any property owner in our vicinity could not quickly see how
their property would be enhanced financially by a defeat of the FLUM
amendment. Mr. Kovacs said it had to be done that way for legal reasons.
Upon receiving the Amendment and Zoning notice, it would be mild to say
"All heck broke loose".
Every day we received dozens of calls, inquiring, Was the golf course for
sale, had the golf course been sold, when·did we plan to start building.
Many of our long time customers were very upset because they were being tol""
they better look for another place to play. The rumors got so bad, we put .
notice on the front door disclaiming the rumors.
There was a meeting of the Lakeview Homeowner's Association held in our
clubhouse. We attended to answer any questions. We informed them that. the
course was not for sale, had not been sold, and that we did not have any
plans to develop the course. We also told them that if we became unable to
operate the course and an offer came in that was so good, it could not be
refused, we would give them notice and the right of matching the offer.
This was the manner in which the present owners bought the golf course.
Many of the people left with their fears alleviated, but many also refused
to believe us and were sure we were trying to put something over on them.
The following weeks became a nightmare. Signs were posted on on our benches
around the golf course stating that the owners were going to build duplexes
in their back yard unless the people went to all the City meetings and
stopped us.
Rumors circulated claiming that we were going to fill in the lakes and put
roads in to build condos and they better go to the city meetings and protest
or it would happen.
We were threatened with lawsuits for spoiling their "Quality of Life", etc.
It is suffice to say the owners of the course felt like they were in an
armed camp.
The fear tactics used culminated with a legal fund being ,-aised to hire an
attorney to represent "Lakeview Property Owners for Open Space".
Their attorney recommended lobbying various city commissioners and Treasur~
Coast Regional planning members as quote .. The recourse here is primarily
political since the governing body of the city has wide discretion in
Comprehensive Plan matters».
P AGE 3 of 5
.
(History of Comprehensive Plan- continued)
NOTE: We will supply you with copies of signs, flyers, and attorney's letter
upon request.
The Lakeview Golf Course owners want to state that we can readily understand
a resident being upset if they bought their homes without checking the
zoning. Since then we have explained our situation to our neighbors. Many of
them who signed petitions or gave to the legal fund have expressed regret
that they did.
For those still pursuing fear tactics and trying to enhance their own worth
at the expense of others, we have no sympathy. "We will not be intimidated".
On April 22, 1991 the planning and zoning Board voted 7 - 0 to recommend
that the City Commission approve amendment of the FLUM from Recreation and
Open Space to Low Density Residential to provide consistency between the
present Zoning of the subject property and the FLUM.
On April 30 the City Commission held an open hearing on the matter and
decided to leave everything as is until a possible compromise can be made.
It was not very clear to us what the next step would be.
We contacted Jay Alperin, in early May, to get a clarification. He said that
the city should contact us. He said that he would contact the staff and try
to get some action started.
We met with our attorney (David Schmidt) on May 10,1991 and he had not heard
anything from the city. He said he would contact them to get an update on
the status. .
"'illiam Murray (President of lakeview) , Sara Murray (Treasurer of Lakeview>,
and David Schmidt(our attorney> met with the city on June 3rd. Jay Alperin,
David Kovacs, and Jeff Kurtz were present from the city.
The purpose of the meeting was to come up with some possible compromises
to solve the dilemma left at the April 30, 1991 City Commission Meeting.
A discussion was held on the issue of rezoning to OS wi th the owners having
the right to apply for a zoning change when the golf course is no longer
viable.
It became very clear that once it is zoned OS, there was virtually no chance
to rezone to residential.
One compromise, mentioned by Mr. Kovacs, was to change only part of the
present residential zoning to Open space.
In discussing this compromise, it was generally felt that it would not be
anymore viable to the antagonists than acceptance of the amendment.
Another possible compromise was to come up with some type of business plan.
As a minimum this would require some (Best Use value> appraisals to be made
for the Lakeview Golf Course property.
PRESENT STATUS
Lakeview has engaged a competent Land Value appraisor.
Lakeview is preparing this letter to send to all City officials involved
with the comprehensive plan, so that everyone is aware of our history and
our concerns with this matter.
P AGE 4 of 5
'II~
MAJOR CONCERNS, QUESTIONS, AND OBSERVATIONS
1- The manner in which this issue has been handled has just about ruined the
friendly atmosphere everyone was accustomed to in the vicinity of the
Lakeview Golf Course.
The thing that bothers us most is that the Lakeview owners are being
cast as the "Bad Guys", when we did not instigate this mess.
The notification methods are a complete mystery to us.
First we are told the city did not legally have to notify us that the
land designation of OS was being put on our property and they did not
even have to publish in July, 1990, but decided to anyway.
We can't help but be amazed, that it was not legally required to notify
property owners of the Land Use Plan, but was a legal necessity to notify
all property owners within 500 feet of the affected property for an,
amendment to the plan.
The Planning and Zoning Board heard all of the anti-amendment arguments
and still voted 7 to 0 in favor of the amendment and forwarded their
recom~endation to the City Commission.
Why the City Commissioners decided to ignore the recommendation at this
time is another mystery to us.
2. Regardless of what the future holds, our property would be devalued by a
zoning change to Open Space.
a. The amount of devaluation in todays environment can be determined by
the appraisors. The devaluation in the future is a complete unknown.
b. If the golf course becomes unviable, the property could become almost
worthless as the only other uses for. OS are parks and cemeteries.
IN SUMMARY
The owners of Lakeview Golf Course believe the city was wrong in pursuing
the Open Space designation. We feel that the city has caused undue problems
in our community.
The area property owners still believe that Lakeview Golf club is trying to
change the zoning. The city did not make it clear at all, that they are the
ones who are trying to make a change.
NOTE: If the commissioners would check the city hall ,-ecords, like we did,
they would find that the number of letters and/or signatures on petitions of
complaint is a very small percentage of the affected property owners.
RECOMMENDATION:
We believe the City Commission should accept THE RECOMMENDATION SET FORTH
BY A UNANIMOUS VOTE OF THE PLANNING AND ZONING BOARD and approve the Flum
Amendment.
IN CONCLUSION .
.
We respectfully request a meeting with each commissioner individually to
discuss this subject and answer any questions they might have.
Sincerely,
The owners of Lakeview Golf Club
a/~æ.
William R. Murray, Preside
cc: See Attachment
P AGE 5 of 5
. . -
PLANNING AND ZONING DEPARTMENT MEMORANDUM
(-
TO: CITY COMMISSION
"-
r \cwAJ1b
FROM: ' DA~ J. KOVACS, D~R
DEPARTMENT OF PLANNING AND ZONING
DATE: DECEMBER 3, 1991
SUBJECT: LAKEVIEW GOLF COURSE REZONING, PROCEDURAL CLARIFICATION
Situation: An inquiry has been made relative to the procedure by
which the Planning and Zoning Board considered and provided a
recommendation on this rezoning petition.
Investiqation: At the Planning and Zoning Board meeting, the
item was considered concurrent with an associated Comprehensive
Plan Amendment. Written notice of the public hearing was
provided to approximately 1,260 property owners. A notice was
published. Public testimony was taken on April 15, 1991.
Letters and petitions addressing both the Plan Amendment and the
Rezoning were entered into the record. The staff report clearly
analyzes both items. Action was deferred to April 22nd with
direction that the City Attorney's Office be represented to
address the question of "taking" (a subject associated with
rezoning).
Board Action: Stan Weedon, Staff, instructed the Board that two
items were before the Board. Action on the first (Plan
Amendment) would dictate action the second ( Rezoning) . On a 7-0
vote the Board recommended "... approval of the amendment of the
Future Land Use Map . . . . . to provide consistency between the
present zoning of the subject property and the Future Land Use
Map."
The Board did not take a second, specific action on the rezoning
petition. However, it is implied that the zoning be denied
since they recommended a change to the Future Land Use Map. It
is evident that consideration of the rezoning petition was before
the Board; and, by wording of the motion, the Board sought to
have the Future Land Use Map and the Zoning to be consistent.
Implications: The Board's role is to provide a recommendation to
the City Commission. If a recommendation were not given, it
becomes necessary to return to the Board for a full review
including re-notice. If a recommendation were given,
consideration of the rezoning ordinance may continue at the City
Commission.
,,,
·
To: City Commission
Re: Lakeview Golf Course Rezoning, Procedural Clarification
Page 2
In order to avoid a procedural technicality, some have suggested
that the item be processed anew. As an alternative, it is
suggested that upon consent of the property owner we proceed;
thus, avoiding the time, expense, and emotions involved in going
back to the Board in a formal setting.
Note: The only action available to the Board is to find
the rezoning petition consistent with the Future Land Use
Map; thus, it would be returned with a recommendation of
approval. Granted, however, the Board would be able to make
additional recommendations if they felt another Plan
Amendment should be considered.
The above situation has been discussed with the attorney
representing the owners of the property to be rezoned (Schmidt),
the attorney representing citizens interested in rezoning to Open
Space (Smith) , and the City Attorney. It appears that if Schmidt
and Smith consent to going forward with a stipulation that,
indeed, a recommendation was provided by the Planning and Zoning
Board, consideration of the rezoning ordinance will continue.
Future Notice: Since this is a City initiated rezoning action, a
special 30 day notice must be provided, in writing, to the owners
of the property which is to be rezoned. This notice will be
accommodated. Also, a legal advertisement will be published.
Finally, a special letter notice will be provided to those groups
and individuals who have asked to be kept informed of this
matter.
Action by the Commission: Prior to first reading of this
ordinance, stipulations (in a form agreeable to the City
Attorney) should be made in order to create a proper procedural
record.
DJK/dlm
c:
David Schmidt, Attorney
Larry Smith, Attorney
Jeff Kurtz, City Attorney
David Harden, City Manager
Alison Harty, City Clerk
Project File
DJK/#90/LAKEVIEW.DOC