10-09-90 Regular
CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION
REGULAR MEETING - OCTOBER 9, 1990 - 6:00 P.M.
PUBLIC HEARINGS - 7:00 r.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
a'"'l 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 group presentations). The Mayor
or presiding officer may adjust the amount of time allocated at
his/her discretion.
A. Public Hearings: Any citizen is entitled to speak on 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 ~"
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section. The Commission may withhold comment or direct the ~.
City Manager to take action on requests or comments. h
C. Regular Agenda and First Reading Items: When extraordinary ." ,
circumstances or reasons exist and at the discretion of the
Commission, citizens may speak on any official agenda item
under these sections.
2 . SIGN IN SHEET: Prior to the start of the Commission Meeting,
those individuals wishing to address public hearing and/or
non-agendaed items should complete the sign-in sheet located on the
right side of the dais. 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 majority vote of the
Commission members present.
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Agenda I
Meeting of 10/9/90
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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
proceedings, and for this purpose such persons may need to ensure that
a verbatim record of the proceedings is made, which record includes
the testimony and evidence upon which the appeal is to be based. The
City does not provide or prepare such record.
AGENDA
,L- Roll Call.
2. Invocation.
3. Pledge of Allegiance to the Flag.
4. Agenda approval.
Action: Motion to approve. '.~
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5. Approval of Regular Meeting minutes of September 25, 1990 and ~
Special Meeting minutes of September 17, 1990.
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6. Proclamations: ,:,~I
1990. ;i,
A. Shrine Hospital Days- October 19 through October 27,
B. National Red Ribbon Week- October 20 through October 28, 1990.
C. Atlantic High School Eagle-ette Day- October 23, 1990.
7. Presentations: None.
8. Consent Agenda:
A. ACCEPTANCE OF COUNTY DEED: Accept a County deed conveying
roads previously annexed into the City. City Manager recommends
approval.
B. LEASE AGREEMENT: Approve a lease agreement between the City
and Kodak for two Kodak Copier machines to be placed in the City
Clerk's Office and Planning and Zoning Department. City Manager
recommends approval.
C. SERVICE AUTHORIZATION NO. 4 : Consider Service Authorization
No. 4 to the contract between the City and CH2M Hill for
engineering services necessary to provide water and sewer services
to previously annexed areas (Lake Ida, Germantown Road, and North
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Agenda
Meeting of 10/9/90
Federal Highway) in the amount of $218,811 with funding from Water
and Sewer $8 Million Line of Credit (Account No.
444-5167-536-33.11). City Manager recommends approval.
D. APPROVAL OF COMPUTER STUDY AGREEMENT: Approve an agreement
between the City and the Florida Center for Public Management in an
amount not to exceed $17,560 to perform a study to assess the
City's computer system and automation needs. Funding is available
in Management Information Systems Consulting (Account No.
001-1811-513-33.15) . City Manager recommends approval.
E. THIRD ANNUAL "HARVEST FEST": Approve request from the Atlantic
Avenue Association to hold the "Harvest Fest" celebration on
Atlantic Avenue on November 17 and 18, 1990. City Manager
recommends approval.
F. ANNUAL HALLOWEEN SIDEWALK SALE: Approve request from Atlantic
Avenue Association to conduct their Halloween Sidewalk Sale on
October 26th and 27th on Atlantic Avenue between Swinton Avenue and
AlA. City Manager recommends approval.
.j G. RESOLUTION NO. 94-90: A Resolution assessing costs for
abatement action required to demolish an unsafe structure at
712 S.W. 2nd Terrace. City Manager recommends approval. City
Manager recommends approval. ~,
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H. RESOLUTION NO. 95-90: A Resolution assessing costs for
abatement action required to demolish unsafe structures at ,
214-216 S.W. 11th Avenue. City Manager recommends approval.
I. RESOLUTION NO. 96-90: A Resolution assessing costs for
abatement action required to prepare an unsafe structure at 256
N.W. 9th Avenue for demolition by disconnecting sewer service.
City Manager recommends approval.
J. RESOLUTION NO. 97-90: A Resolution assessing costs for
abatement action required to demolish unsafe structures at
720 North Lake Avenue. City Manager recommends approval.
K. RESOLUTION NO. 98-90: A Resolution assessing costs for
abatement action required to prepare an unsafe structure at
1010 S.W. 7th Avenue for demolition. City Manager recommends
approval.
L. AWARD OF BIDS AND CONTRACTS:
1. Automated Sign Maker- Traffic Division- Tubelite Company in
the amount of $20,461 with funding from Traffic
Operations/Machinery and Equipment (Account No.
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Agenda
Meeting of 10/9/90
001-3141-541-60.82).
9. Regular Agenda:
A. SITE PLAN APPROVAL: Consider a request for site plan approval
for Congress Industrial Service Center a proposed light
manufacturing, office and storage facility to be located on a 1.7
acre parcel on the east side of Congress north of N.W. 1st Street.
Planning and Zoning Board recommends approval.
B. FINAL PLAT APPROVAL: Consider a request for final plat
arproval for Wallace Square a proposed, three parcel, residential
development located on the south side of Thomas Street between
Seabreeze and Andrews Avenue. Planning and Zoning Board recommends
approval.
C. SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD
(SCRWTD) OPERATING BUDGET: Consider further modifications to the
SCRWTD Operating Budget and, if appropriate, ratification of
modified budget document. ~
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D. PUBLIC UTILITIES BUILDING RENOVATIONS: Approve an agreement 1"
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for architectural services with Digby Bridges, Marsh and ~
Associates, for the renovations of the Public Utilities Building in
an amount not to exceed $4,500 funding from Water and Sewer
Buildings (Account No. 441-5161-536-60.31). City Manager
recommends approval.
E. APPOINTMENT OF TWO MEMBERS TO THE BOARD OF CONSTRUCTION
APPEALS: Seat 2 appointment of a member to a one year term in the
vacant general contractors position; and Mayoral appointment of a
member to a two year term to the vacant general contractors
position on the Board of Construction Appeals.
10. Public Hearings:
A. ORDINANCE NO. 41-90: An Ordinance amending the Code of
Ordinances by reducing the fee for sanitation pickup for
residential customers and increasing the fee for sanitation pickup
for commercial customers throughout the City. City Manager
recommends approval.
B. REQUEST FOR WAIVER OF THE SIGN CODE: Conduct a public hearing
on the request from Mount Olive Missionary Baptist Church for
waiver of the Sign Code to permit a 32 square foot monument sign
within the setback of their property at 40 N.W. 4th Avenue. City
Manager recommends approval.
11- COJllDlents and Inquiries on Non-Agenda Items from the Public-
Immediately following Public Hearings.
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Agenda
Meeting of 10/9/90
12. First Readings:
IA. ORDINANCE NO. 48-90: An Ordinance amending the Code of
Ordinances by repealing Section 92.32 "Dockage Agreement" and
enacting a new Section 92.32 to provide for a Marina license
agreement and updated Marina rules and regulations. City Manager
recommends approval. If passed public hearing October 23rd.
/B. ORDINANCE NO. 49-90: An Ordinance amending the Code of
Ordinances by enacting a new Section 8.4.16 "stormwater Management
AS3essments" to provide the method for imposing and collecting
annual Stormwater Management Assessments; enforcing collection of
delinquent assessments; and calculating assessment rates. If
passed public hearing November 13th;- ( ,'I , i
/ C. ORDINANCE NO. 50-90: An Ordinance amending the Code of
Ordinances by enacting new Sections 96.65 and 96.66 to provide for
the imposition of flat rate fees for the use of basic life and
advanced life support services. City Manager recommends approval.
If passed public hearing October 23rd.
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v D. ORDINANCE NO. 51-90: An Ordinance amending the Code of ~
Ordinances by amending Subsection 35.090 (A) to provide that former
Department Heads who had opted out of the General Employees
Retirement Plan shall not be eligible to participate in the Plan "
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and providing the Assistant Director of Environmental ~, :
Services/Public Utilities and Assistant Director of Environmental
Services/City Engineer with the option to "opt out" of the Plan
provided that those positions are filled prior to January 1, 1991.
City Manager recommends approval. If passed public hearing October
23rd.
13. Comments and Inquiries on Hon-Agenda Items:
A. Commission
B. City Attorney
C. City Manager
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CITY OF DELRAY BEACH, FLORIDA
CITY COMMISSION - REGULAR MEETING
OCTOBER 9, 1990 - 6:00 P.M.
ADDENDUM
Please be advised that if a person (s) decides to appeal any
decision made by the City Commission with respect to any matter
considered at this meeting or hearing, such person(s) will need a
record of these proceedings, and for this purpose such person(s)
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.
THE CONSENT AGENDA IS AMENDED TO ADD:
8.M. APPOINTMENT OF BOND REGISTRAR. The Commission is to
consider the appointment of the Director of Finance and
the City Clerk to act and serve as registrar for those
bonds which have not named a separate financial insti-
tution to serve as registrar.
CITY OF DELRAY BEACH, FLORIDA
CITY COMMISSION - REGULAR MEETING
OCTOB ER 9, 1990 - 6:00 P.M.
ADDENDUM
Please be advised that if a person (s) decides to appeal any
decision made by the City Commission with respect to any matter
considered at this meeting or hearing, such person (s) will need a
record of these proceedings, and for this purpose such person<sl!
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.
THE CONSENT AGENDA IS AMENDED TO ADD:
8.M. APPOINTMENT OF BOND REGISTRAR. The Commission is to
consider the appointment of the Director of Finance and
the City Clerk to act and serve as registrar for those
bonds which have not named a separate financial insti-
tution to serve as registrar.
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MEMORANDUM
TO: David T. Harden
City Manager
FROM: 0 David M. Huddleston
Director of Finance
SUBJECT: City Bond Registrar
DATE: September 21, 1990
This is to advise that. due to my resignation from the City effective September 28,
1990, I will no longer be able to perform my duties as the City's Bond Registrar
and would further advise that a new Bond Registrar be appointed so that this person
may process requested bond transfers. f
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[ITY DF DELHAY BEA[H
;00 N.W ',' .Jo\JE'IUE DEc."'Ay SiOACH FLORIQA 33444 4C7 2~2"GO-:)
WHEREAS, one of our greatest resources is our children;
and,
WHEREAS, one of the world's most benevolent guardians of
that resource are the Shrine Hospitals for Crippled Children and
Burns Institutes; and,
WHEREAS, twenty-two Shrine Hospitals throughout the
United States, Canada and Mexico are dedicated to the great task
of curing or helping afflicted children without regard to race or
religion; and,
WHEREAS, more than 398,000 children have been treated
and returned to society either cured or substantially helped,
where neither patients nor their parents have been required to pay
for this outstanding medical care; and,
WHEREAS, Shriners throughout North America have raised
millions of dollars to support the Shriners Hospitals and Burns
Institutes to insure a brighter future for these and future
generations,
NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City of
Delray Beach, Florida, do hereby proclaim the week of October 19,
1990 through October 27, 1990 as
"SHRINE HOSPITAL DAYS"
in recognition of the outstanding and unselfish work of the many
Shriners of North America and urge all our citizens to join me in
recognizing this great service.
IN WITNESS WHEREOF, I have hereunto set my hand and
caused the Seal of the City of Delray Beach, Florida, to be
affixed this 9th day of October, 1990.
MAY 0 R
THOMAS E. LYNCH
SEAL
611
CITY DF DELRAY BEA[H
...:...- =\;I_'E ,j=~;:;':'. ::::..:.. ~',-t ~:",,:;,;"::,:S''';'' '\].14.:1
WHEREAS, the scourge of illegal drug trafficking and abuse
continues to be painfully visible throughout the nation, and is ac-
knowledged to be the most serious problem that the nation's cities have
had to face over the past several years; and,
WHEREAS, illegal drugs have been responsible for the loss of
li ve lihood and the loss of life in virtually every community in the
nation; and,
WHEREAS, the cost of fighting the war on drugs in our schools
and hospitals and on our streets has grown steadily over the years, far
outstripping the ability of local governments to maintain the anti-drug
efforts that are needed; and,
WHEREAS, local leaders, in government and in the community,
know that the support of the people in the neighborhoods is the most
effective weapon they can employ in their efforts to reduce the demand
for illegal drugs and drive away the suppliers of those drugs; and,
WHEREAS, the National Red Ribbon Campaign has been estab-
lished by the National Federation of Parents for Drug Free Youth to
help create awareness of the drug problems facing every community, to
develop parent and community teams to combat illegal drugs, and to
promote drug-free lifestyles for America's youth; and,
WHEREAS, October 20-28, 1990 has been designated National Red
Ribbon Week, with President Bush and Mrs. Bush, as honorary chairs of
the Campaign, calling on all Americans to show their support for a drug
free nation by wearing a red ribbon during that week; and,
WHEREAS, the U.S. Conference of Mayors, in its 58th annual
meeting this summer in Chicago, formally endorsed National Red Ribbon
Week as a comprehensive anti-drug public awareness, prevention and
education program, and urged all mayors to undertake special anti-drug
activities, events and educational campaigns in their cities that week,
NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City of
De1ray Beach, Florida, do hereby proclaim October 20-28, 1990 as
"NATIONAL RED RIBBON WEEK"
in this City, and encourage all citizens to wear red ribbons throughout
this week in support of a drug free America.
IN WITNESS WHEREOF, I have hereunto set my hand and caused
the Official Seal of the City of De1ray Beach, Florida, to be affixed
this 9th day of October, 1990.
MAY 0 R
THOMAS E. LYNCH
SEAL
lDB
CITY DF DELRRY HEREM
100 ".;..\~j ~~: AVE1\.JUE 2E.LRAY BEACH ;::t~ORIDA 33444 407 '].t:
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WHEREAS, the Atlantic High School Eagle-Ette and Company
Dance Team has been in existence for the past 17 years; and,
WHEREAS, the Eagle-Ettes began their reign over the
state dance team titles in 1980 under the direction of Ms. Penni
Greenly and have held that title every year since 1980; and,
WHEREAS, the Eagle-Ettes won their first national title
in 1982 in Dallas, Texas; and,
WHEREAS, the Eagle-Ettes continued to win national
titles in 1984, 1985, 1986, 1988, and in 1989, they were honored
as the best in Jazz, Novelty, Prop, Officers and Ensemble; and,
WHEREAS, the Eagle-Ettes won 2nd place in the Interna-
tional Dance Team Competition in Tokyo, Japan, in 1986; and,
WHEREAS, the most recent national title was won at Sea
World in Orlando, Florida, in March of 1990; and,
WHEREAS, Ms. Laura Comas, Eagle-Ette director since
1982, Elizabeth Dickson, Assistant Director for the past two
years and Penni Greenly, choreographer, have led the Eagle-Ettes
to State, National and International titles; and,
WHEREAS, the Atlantic High School Eagle-Ettes have
brought pride and recognition to Atlantic High School and the City
of Delray Beach,
NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City of
Delray Beach, Florida, do hereby proclaim October 23, 1990, as
"ATLANTIC HIGH SCHOOL EAGLE-ETTE DAY"
in the City of Delray Beach in honor and recognition of their
exemplary achievement and urge all citizens to extend best wishes
to the Eagle-Ettes for continued success.
IN WITNESS WHEREOF, I have hereunto set my hand and
caused the Seal of the City of Delray Beach, Florida, to be
affixed this 9th day of October, 1990.
MAY 0 R
THOMAS E. LYNCH
SEAL
(, C
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~ CITY MANAGER
SUBJECT: AGENDA ITEM # ~ft - MEETING OF OCTOBER 9, 1990
ACCEPTANCE OF COUNTY DEED
DATE: October 5, 1990
This item is before you for acceptance of a County deed convey four
st:.:.eets previously annexed by the City. The roadways involved are
.uime Line, from Poinsettia to Royal Palm Drivej Davis Road from Lake
Ida to the L32 Canal; Avenue G, from Frederick Boulevard to Dixie
HighwaYj and N.E. 8th Street from Swinton Avenue to State Road AlA,
excluding the Intracoastal Bridge.
By accepting the deed for these roadways, the City assumes all
maintenance responsibility for them. Staff has preliminarily surveyed
these roadways. While paving is required for all of these roads, the
major maintenance expense will be incurred from providing water and
sanitary sewer services in these area s . These improvements have
previously been addressed via the Comprehensive Plan process and
therefore have been scheduled under that document. A detailed staff
memorandum is included as backup material for this item.
Recommend acceptance of the County deed conveying previous annexed
roadways to the City.
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MEMORANDUM
TO: Cheryl Leverett
Administrative Assist~ III
THRU: William Greenwood ~~
Director Environmental Services
FROM: George Abou-Jaoude
Dep. Director of Projects
DATE: October 5, 1990
SUBJECT: Preliminary Cost Estimates For
Lime Lane, Davis Road, NE 8th Street,
Ave. G. Road and Utility Improvements
1. LIME LANE (Between Poinsettia and Royal Palm Drive)
o Length = 300 L. F. approximately.
o Condition: Rock Road
Preliminary Cost Estimate:
o Excavation, grading, rock base, $20,000.00
and asphalt surface
o Pavement Markings and signs 1,000.00
o Drainage Swale 7,000.00
o Sidewalk 4,500.00
o Sanitary Sewer 17,500.00
o Water Distribution 20,500.00
o Surveying 1.500.00
Grand Total $72,000.00
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2. DAVIS ROAD (Between Lake Ida Road and L32 Canal)
o Length = 1800 L. F. approximately.
o Condition: Good
Preliminary Cost Estimate
o Pavement Marking and signs $ 1,500.00
o Drainage Swale 7,000.00
o Sanitary Sewer 21,600.00
o Water Distribution 42,000.00
o Surveying 2.500.00
Grand Total $74,600.00
3. NE 8TH STREET (Between Swinton Ave. and AlA)
o Length = 5450 L. F. approximately
o Condition: Good
preliminary Cost Estimate
o Pavement Marking and signing $ 2,500.00
o Street Resurfacing 15,000.00
o Sidewalk 15,000.00
o Sanitary Distribution 4,500.00
o Water Distribution 37,500.00
o Surveying 2.000.00
Grand Total $76,500.00
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4. AVENUE G (Between 451 and Frederick Blvd)
o Length = 1300 L. F. approximately
o Condition: Rock Road
Preliminary Cost Estimate:
o Excavation, grading, rock base, $40,000.00
and asphalt surface
o Pavement Markings and signs 1,500.00
o Drainage 15,000.00
o Sanitary Sewer 8,300.00
o Water Distribution 11,000.00
o Surveying 1.000.00
Grand Total $76,800.00
Ge~-1!~d
GA: j a f
cc: file
File:
David T. Harden, City Manager
Robert A. Barcinski, Asst. City Manager/CS
-3-
-
lIai'nl uf County Commissioners County Administrator
Carol}. Elmquist, Chairman ------.. ( Jan Winters
Karen T. Marcus, Vice Chair
Carol A. Roberts \/_r'
Ron Howard , Department of Engineering
Carole Phillips HoG o 6 90 and Public \V orks
;
ENGi:~::'~,,: .J L.;~'" i.
August 2, 1990
City of Delray Beach
100 N.W. lst Avenue
Delray Beach, FL 33444
Reply to: Marcia Kolbe - (407) 684-4192
Right-of-Way Coordinator
Re: Annexed Roads
f
Attention: Gates Castle - City Engineer I
i .
Dear Mr. Castle:
Attached please find resolution and deed returning the roads
annexed by your city.
If you have any questions, please contact the above referenced
coordinator.
Sincerely yours,
O~;1;r~
Patricia A. Franklin, Manager
Right-of-way Acquisition Section
PAF:EH:MK:pr
Enclosures -:-
.. .\n Equal Opportunil I \ tlirmati Ie \('1 ion !employer"
BOX 2429 WEST PALM BEACH. FLORIDA 33402-2429 (407) 684-4000
prmred on recycled paper
-~-"--
f C
. . JUl-23-t990 Ct:54PI 90-210727
ORB 6525 P9 921
Con to. 00 Doc .55
JOHN B DUNKLE, CLERK - PB COUNTY, FL
COUNTY DEE 0
THIS DEED, made this 27th day of March , 1990 by
PALM BEACH COUNTY, a political subdivision of the State of Florida, party
of the first part. and the City of Delray Beach, 100 N.W. 1st Avenue,
Delray Beach, FL 33444 of the second part.
rJITNESSETH: That the said party of the first part, for and in
consideration of the sum of Ten ($10.00) Dollars to it in hand paid by
.J the party of the second part, receipt whereof is hereby acknowledged, /
-,
, has granted, bargained and sold to the party of the second part. his heirs
J and assigns forever, the following described land lying and being in Palm
~
,- Beach County, Florida:
.- "
.: 0>..
)
~ J ~
" - "i
.. ' , PROPERTY MORE PARTICULARLY DESCRIBED IN SCHEDULE "A" ATTACHED
~ . IY)
., HERETO AND MADE A PART HEREOF
'ol ""
oJ
<t- .-
IN WITNESS WHEREOF the said party of the first part has caused these
presents to be executed in its name by its Board of County Commissioners
acting by the Chairman or Vice-Chairman of said Board, the day and year
aforesaid. -,.
Ii
;\ Ai'T~T: PALM BEACH COUNTY, FLORIDA, BY
: JOHN B. DUNKLE, Clerk ITS BOARD OF COUNTY COMMISSIONERS
, \
" Bi:
'~ ;/
:1 ~BY: .J "
'- 11:s Chairman (or 9ice-Chairman)
li.
~ t~ . . . .
;j . APPROV,ED' AS TO FORM AND This instrument prepared by:
~, ..' ,-LEGAL SUFFICIENCY Maureen E. Cullen
~ssistant County Attorney
, /:' V County Attorney's Office
.J/ ~ Palm Beach County
BY: /,'~ P.O. Box 2429
C6unty Attorney West Palm Beach, FL 33402
ORe 6525 P9 922
SCHEDULE A
Lime Lane - Poinsettia to Royal Palm Drive 20-46-43
Davis Road - Lake Ida Road to L32 Canal 7-46-43
Avenue G - Frederick Blvd. to Dixie Highway 29-46-43
N.E. 8th Street - Swinton Avenue to Intracoasta1
Bridge (excluding Intracoastal Bridge) 9-46-43
N.E. 8th Street - Intracoastal Bridge to SR A-I-A
(excluding Intracoastal Bridge) 9-46-43
I
...,.
RECORD VERIF'-D
PALM !3EACH COUNTY, "_.~
JOHN 8, ul1t'jKLi:
CLERK C:RCUIT CCURT
..__.-,- "_.....-~"_.,--
March 27. 1990 /\pr~mKl2 7'( 890r,0 j (~ ,.:)
I Agenda I tem If: -
. .
I PALM BEACH COUNTY
, BOARD OF COUNTY COMMISSIONERS
/' AGENDA ITEM SUMMARY
,tonsent [X] Regular [] Ord i nance [] Public Hearing []
I
r. EXECUTIVE BRIEF
I Request Submitted By: ENGINEERING ANO PUBLIC WORKS DEPARTMENT
For: RIGHT-OF-WAY ACQUISITION SECTION
MOTION and TITLE:
Staff recommends motion to adopt a Resolutlon to execute a county deed
conveying to the City of Delray Beach the roads annexed by the City of
Delray Beach as per the enclosed letter from Delray Beach.
SUPfiI\RY: This Resolution conveys road rights-of-way. as described in
Schedule A. to the City of Delray Beach.
District Nos. 3 and 4 (MC)
Background and Justification:
The Board of County Commissioners of Palm Beach County accepted the
maintenance of four of these roads. the remainder are not on our
maintenance list. Since the City of Delray Beach has annexed said
roads. Palm Beach County will remove them from the road inventory.
The other roads mentioned in the City's letter have not been
maintained by the County and do not appear on our road maintenance
inventory.
Attachments:
a. Location Maps ...
b. Resolution w/Schedule A
c. County Deed w/Schedule A
d. City of Delray Beach letter
e. State Functional Classification
THIS AGENDA ITEM DOES [] DOES NOT [X] HAVE A FISCAL IMPACT.
Note: If it does, please complete Fiscal Impact Analysis on page 2. I
(SEE PAGE 2 FOR OFM~~~~ ;
I
Recommended By: ~
~~ uepartmen Director Oat::!
Reviewed by: ~ ~ .J' / J/'111
OFMB Signature Date
leqal Sufficiency: lft'tlnAUu 1fdtA-- q/;L/fu I
Co nty Attorney Date
Approved by: N/A
Assistant County Administrator
PAF:EH:MK:pr
. - .'~.- -..----- --~ . I
.
SCI/EDUlE A
lime Lane - Poinsettia to Royal Palm Drive 20-46-43
Davis Road - Lake Ida Road to l32 Canal 7-46-43
Avenue G - Frederick Blvd. to Dixie Highway 29-46-43
N.E. 8th Street - Swinton Avenue to Intracoastal
Bridge (excluding Intracoastal Bridge) 9-46-43
N.E. 8th Street - Intracoastal Bridge to SR A-I-A
(excluding Intracoastal Bridge) 9-46-43
"
, ~_._......, ~._,..---,..
~
.
.
RESOLUTION NO. R-90-476
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PALM
BEACH COUNTY, FLORIDA EXECUTING A COUNTY DEED CONVEYING
TO THE CITY OF DELRAY BEACH ALL THE ROADS ANNEXED BY THE
CITY OF DELRAY BEACH
WHEREAS, Palm Beach County maintains these roads at the present time;
and
WHEREAS, the City of Delray Beach has annexed all the roads (more
particularly described in Schedule A attached hereto) and made a part
hereof; and
WHEREAS, the maintenance of these roads would cease to be Palm Beach
County's responSibility by execution of this conveyance; and
WHEREAS, it would be in the best interest of Palm Beach County to convey
these roads to the City of Del ray Beach.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
PALM BEACH COUNTY, FLORIDA that:
1. All jurisdiction, control title ur interest of Palm Beach County
l
in and to the above stated roads is hereby transferred to the
City of Delray Beach.
2. The Chairman and Clerk of this Board are authorized to execute
the county deed.
The foregoing Resolution was offered by Commissioner Phillips ,
who moved its adoption. The motion was seconded by Commissioner
Houar~ , and upon being put to a vote, the vote was as follows;
KAREN T. MARCUS Absent
CAROL A. ROBERTS Aye
CAROL J. ELMQUIST ^ye
RON HOWARD Aye
CAROLE PHILLIPS Aye
~
. .
,
The Chair thereupon declared the Resolution duly passed and adopted
this 27th day of ~:arch . 1990.
APPROVED AS TO FORM AND PALM BEACH COUNTY. FLORIDA BY ITS
LEGAL SUFFICIENCY BOARD OF COUNTY COMMISSIONERS
,'.'~" JOHN B. DUNKLE. Clerk
By: By: l.....jVr7.a..... "1/J. I.:.J.MI
County Attorney Deputy Clerk
-2-
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER 9/f,/
v
SUBJECT: AGENDA ITEM # '3~ - MEETING OF OCTOBER 9, 1990
SERVICE AUTHORIZATION NO. 4
DATE: October 5, 1990
This Service Authorization is for required engineering services
necessary to install water and sanitary sewer facilities to previously
annexed areas which includes the Germantown, North Federal and Lake
Ida enclaves. The scope of service provided by CH2M Hill consists of
preparing drawings, specifications, and contract documents for bidding
and construction; surveying and mapping of the affected areas; soil
borings and other subsurface investigations; preparation of
applicable permit applications; and related construction engineering
services. An additional provision of the authorization provides for
City Manager approval of additional services which may be required
based upon the findings of the survey, soils, or other investigatory
work. A $20,000 cap has been set for these services. Should no
additional work be required, that $20,000 would be subtracted from the
final contracted amount. Per current regulations, any extension of
contract time would still require Commission approval.
This project consists of providing approximately 7,750 feet of six and
eight inch water mains and 8,700 feet of eight and ten inch sewer
lines and manholes in the Germantown area; 9,700 feet of six and eight
inch water mains and 15,900 feet of eight and ten inch sewer lines,
manholes and a lift station in the Federal Highway area; and 6,300
feet of six inch water mains and 9,200 feet of eight inch sewer lines,
manholes and a lift station in the Lake Ida area. These projects are
identified in the Comprehensive Plan and are scheduled to be completed
during Fiscal Year 1990/91.
Funding is available from the Water and Sewer $8 Million Line of
Credit which will be reimbursed from the Water and Sewer 1990 Bond
Issue.
Recommend approval of Service Authorization No. 4 in the amount of
$218,811 with interim funding from Water and Sewer $8 Million Line of
Credit.
,
MEMORANDUM
TO: David T. Harden
City manager
FROM: William H. Greenwood
Director of Environmental Services
SUBJECT: CH2M HILL SERVICE AUTHORIZATION NO. 4
PROJECT NO. 90-53 ENCLAVE WATER AND
SANITARY SEWER EXTENSION
DATE: October 5, 1990
I request approval for CH2M Hill to supply necessary profes-
sional engineering services to design, bid and administer
the construction contracts for three enclaves:
l. Germantown Enclave
A new back-bone system for water and sanitary
sewers is required to the west enclave and water
and sanitary sewer service is required for the east
enclave.
2. Lake Ida Enclave
Water and sanitary sewer services to individual
homes are required including a new sewage lift
station.
3. North Federal Enclave
Water and sanitary sewer services to individual
homes are required including a new sewage lift
station.
The City Engineer's Department has been without a City
Engineer and direction since June 8, 1990.
Last month you requested I become involved in the selection
of the City Engineer which was previously assigned to Mr.
John Elliott.
A selection committee was formed composed of Mr. John
Elliott, Mr. Ernest Kaeufer and myself. We have selected
Mr. Mark Gabriel as our recommended candidate for City
Engineer for your approval.
Budgeted engineering positions which were not filled during
FY89/90 and which remain open are as follows:
1. City Engineer - Tentative start date October 15,
1990.
2. Chief Design Engineer
3. Civil Engineer - Decade of Excellence
4. Engineer I - Decade of Excellence
5. Construction Manager - Decade of Excellence
Posting for the open positions will begin October l5, 1990
and it may take at least two months to find qualified
candidates.
In summary, the City Engineer's Department was not staffed
during FY89/90 and the same condition exists at present.
Priority design projects for the Decade of Excellence Bonds
is six (6) months behind schedule. Therefore, it is impera-
tive to proceed with the Public Utilities Department priori-
ty projects by retaining outside professional services or
all projects will be off schedule.
/7 ,,-
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~..; ,p~ .n/C>T: ~
William H. Greenwood
WHG: smm
cc: File: WG905301
Cheryl Leverett, Admin. Asst. III
Robert A. Barcinski, Asst. City Manager/CS
CH2M HILL
SERVICE AUTHORIZATION 4
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DATE:
PAGE 1 OF 11
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SERVICE AUTHORIZATION UNDER THE AGREEMENT TO FURNISH
PROFESSIONAL SERVICES DATED 07-11-90 BETWEEN THE CITY OF
DELRA Y BEACH, FLORIDA, AND CH2M HILL SOUTHEAST, INe.
TITLE: PROJECT NO. 90-S3--PROVISION OF WATER AND SEWER
SERVICE TO mE FORMER ENCLAVE AREAS--LAKE IDA,
GERMANTOWN, WORm FEDERAL HIGHWAY AREAS
CATEGORY OF WORK:
GENERAL:
This SERVICE AUTHORIZATION shall modify the professional services agreement
referenced above and shall become part of that AGREEMENT as if written there in
full.
This SERVICE AUTHORIZATION represents the provision of water and sewer
service to enclave numbers 31, 24, and 13, also known as Germantown, North Federal
Highway, and Lake Ida areas, respectively. The provisions for the Germantown area
will include approximately 7,750 feet of new 6-inch and 8-inch water mains and
8,700 feet of 8-inch and 10-inch sewer lines and manholes. The provisions for the
North Federal Highway area include approximately 9,700 feet of new 6-inch and 8-inch
water mains and 15,900 feet of 8-inch and lO-inch sewer lines, manholes and a lift
station. The provisions for the Lake Ida area include approximately 6,300 feet of
6-inch water mains and 9,200 feet of 8-inch sewer lines, manholes, and a lift station
with design based on the CITY's standards. The scope of this SERVICE
AUTHORIZATION is limited to: preparation of specifications, contract drawings,
permit applications; cost opinion, assistance in bidding and services during construction
for the above-referenced improvements. A single set of contract documents will be
prepared for receiving competitive bids for the three enclave areas described
previously. A tentative drawing count for the project is 36 sheets at I-inch equals
50 feet for plan drawings and I-inch equals 5 feet for sewer profiles.
I. SERVICES TO BE PROVIDED BY mE CONSULTANT
A. DESCRIPTION OF WORK TASKS
CONSULTANT will provide specific services to the CITY in accordance
with the following Task descriptions.
dbp019/057.51
CH2M HILL
SERVICE AUTHORIZATION 4
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DATE:
PAGE 2 OF 11
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Task I--Design Services - Prepare Drawings, Specifications and Contract
Documents.
CONSULTANT will prepare drawings, specifications, and Contract
Documents, including proposal forms, notice to bidders, general and
special conditions, bond forms, etc., for bidding and construction.
CONSULTANT will submit three (3) sets of plans for the City's review
of the following: Pre design layout showing proposed preliminary
alignment on available I-inch equals 200-feet scale water and sewer atlas
maps and based on existing available information about the utility system;
and the 50 percent and 80 percent completion stage of the final design
drawings. Three meetings to coincide with the review of these documents
will be conducted with City staff.
CONSULTANT will prepare an opinion of construction cost based on
the completed construction drawings and specifications.
In providing opinions of cost and schedules for the project, the
CONSULTANT has no control over cost or price of labor and materials;
unknown or latent condition of existing equipment or structures that may
affect operation or maintenance costs; competitive bidding procedures
and market conditions; time or quality of performance by third parties;
quality, type, management, or direction of operating personnel; and other
economic and operational factors that may materially affect the ultimate
project cost or schedule. Therefore, the CONSULTANT makes no war-
ranty that the CITY'S actual project costs or schedules will not vary from
the CONSULTANT'S opinions, analyses, projections, or estimates.
Task 2--Special Services - Surveying, Soil Borings and Permitting
CONSULTANT will furnish survey and mapping and photogrammetric
personnel and equipment required to obtain field information necessary
to prepare satisfactory plans and specifications for the PROJECf.
CONSULTANT will prepare one legal description for the lift station site
in the Lake Ida area. Surveys for easements and rights-of-way are not
included but can be provided and paid for as additional services.
CONSULTANT will perform soils investigation to establish nature of
subsurface materials and water table elevations at the two lift station sites
with a 30-foot boring for each station.
In soils, foundation, groundwater, and other subsurface investigations, the
actual characteristics may vary significantly between successive test points
and sample intervals and at locations other than where observations,
dbpOI9/057.51
CH2M HILL
SERVICE AUTHORIZATION 4
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DATE:
PAGE 3 OF 11
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explorations, and investigations have been made. Because of the
inherent uncertainties in subsurface evaluations, changed or unanticipated
underground conditions may occur which could affect total PROJECf
cost and/or execution. These conditions and cost/execution effects are
not the responsibility of the CONSULTANT.
CONSULTANT will assist with up to 86 labor hours of effort in
obtaining necessary permits for construction by:
. Preparing permit applications for wastewater collection and
water distribution, and submitting to Florida Department of
Environmental Regulation through Palm Beach County
Health Department for approval and FDOT for work
adjacent to Dixie Highway.
. Responding to review questions from reviewing agencies
~
. Meeting with reviewing agencies to discuss review
comments (one such meeting is assumed).
Task 3--Assistance During Bidding
CITY will utilize standard procurement procedures for the formal
advertising and receipt of bids.
CONSULTANT will furnish 6 copies of final drawings and specifications
for the City's use.
CONSULTANT will provide document mailing and pre-bid services, such
as preparation of advertisements for publication by the CITY,
distribution of planholder lists, issuing of addenda, answering technical
questions during the bidding period, attending the bid opening, evaluating
bids, and making a recommendation for award.
CONSULTANT will prepare 10 copies of conformed contract documents
for execution by Contractor and review executed Contract Documents
and bonds before forwarding to the City for execution.
Task 4--Services During Construction
CONSULTANT will conduct a preconstruction conference including the
CITY, Contractor, Contractor's subcontractors, and regulatory agencies.
dbpOl91057.51
CH2M HILL
SERVICE AUTHORIZATION 4
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DATE:
PAGE 4 OF 11
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CONSULTANT will provide technical interpretations of the drawings,
specifications, and Contract Documents, and evaluate requested
deviations from the approved design or specifications.
CONSULTANT will conduct a monthly progress meeting with the
Construction Contractor's( s) representatives and the CITY as necessary
to assist in implementing the construction process.
CONSULTANT will act as initial interpreter of the requirements of the
Contract Documents and judge of the acceptability of the work
thereunder and make decisions on all claims of CITY and Contractor( s)
relating to the acceptability of the work or the interpretation of the
requirements of the Contract Documents pertaining to the execution and
progress of the work. CONSULTANT shall not be liable for the results
of any such interpretations or decisions rendered in good faith.
CONSULTANT will assist in negotiating with the Contractor the scope
and cost of any necessary contract change orders. Prepare such change
orders as may be required and submit them to the CITY for approval.
One change order is assumed for this proposal.
CONSULTANT will make 28 periodic visits to the site of the PROJECf
to observe the progress and quality of the work and to determine, in
general, if the work is proceeding in accordance with the intent of the
Contract Documents.
The presence or duties of the CONSULTANT'S personnel at a
construction site, whether as onsite representatives or otherwise, do not
make the CONSULTANT or its personnel in any way responsible for
those duties that belong to the CITY and/or the construction contractors
or other entities, and do not relieve the construction contractors or any
other entity of their obligations, duties, and responsibilities, including, but
not limited to, all construction methods, means, techniques, sequences,
and procedures necessary for coordinating and completing all portions of
the construction work in accordance with the Contract Documents and
any health or safety precautions required by such construction work. The
CONSULTANT and its personnel have no authority to exercise any
control over any construction contractor or other entity or their
employees in connection with their work or any health or safety
precautions and have no duty for inspecting, noting, observing, correcting,
or reporting on health or safety deficiencies of the construction
contractor or other entity or any other persons at the site except
CONSULTANT'S own personnel.
dbp019/057.51
CH2M HILL
SERVICE AUTHORIZATION 4
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DATE:
PAGE 5 OF 11
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CONSULTANT will review shop drawings, diagrams, illustrations, catalog
data, schedules and samples, the results of tests and inspections, and
other data which the Contractor is required to submit. These shall be
reviewed for general conformance with the design concept of the
PROJECT and general compliance with the information given in the
Contract Documents. Such review is not intended as an approval of the
submittals if they deviate from the Contract Documents or contain errors,
omissions, and inconsistencies, nor is it intended to relieve the Contractor
of his full responsibility for Contract performance, nor is the review
intended to ensure or guarantee lack of inconsistencies, errors, and/or
omissions between the submittals and the Contract requirements.
CONSULTANT will coordinate the work of inspection bureaus and
laboratories in the observation and tests of materials used in the
construction; receive and evaluate reports by such laboratories or
bureaus.
~
CONSULTANT will review, recommend modifications as appropriate,
and submit to the CITY for payment the monthly payment requests of
the Contractor. By recoffimelluillg allY such payment, ENGINEER will
not thereby be deemed to have represented that title to any work,
materials, or equipment has passed to OWNER free and clear of any
liens.
ENGINEER will make a final review of the construction to determine, in
general, if the work has been completed in conformance with the intent
of the contract documents. Assist in negotiating final payment for
construction and submit a final letter report upon which final settlement
and termination of the Construction Contract( s) can be based. The
CITY and appropriate regulatory agencies may furnish a representative
to jointly make the final observation of the construction. Document
proceedings of all final settlement negotiations and record basis for final
payment.
CONSULTANT will revise original drawings and submit to the CITY and
regulatory agencies completion of the work, one (1) Mylar set to the
CITY and two (2) blueprints to the regulatory agency showing record
information of the work, using available information supplied by the
Contractor(s), onsite representative personnel, suppliers and other
sources.
Task 5--Additional Services
Provide additional services relating to the provision of water and sewer
services to the enclave areas. These additional services may be required
dbp019/057.51
.
CH2M HILL
SER VICE AUTHORIZATION 4
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DATE:
PAGE 6 OF 11
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due to uncertainties discovered during survey, soils, investigations, field
verification of existing facilities and conditions, and potential property or
easement acquisitions. Services performed under this task will be on an
as-directed basis in accordance with a written Notice to Proceed from the
City Manager. Each Notice to Proceed issued shall contain the following
information and requirements.
. A description of the work to be undertaken
. A budget establishing the amount of the fee to be paid in
accordance with Article VII.A.2 of the Agreement.
. A time established for completion of the work.
B. ASSUMPTIONS
Work described herein is based upon the assumptions listed below. IT conditions
differ from those assumed in a manner that will affect schedule or scope of
work, CONSULTANT will advise the CITY in writing of the magnitude of the
required adjustments. Changes in completion schedule or compensation to the
CONSULTANT will be as negotiated with the CITY.
1. CITY will provide to CONSULTANT record drawings of all existing
facilities which shall serve as the basis for modifications included in this
project.
2. CITY will return to CONSULTANT within 10 working days after receipt
from CONSULTANT, one copy of the predesign layout and of the
50 percent and 80 percent complete draft contract documents containing
all comments to be considered for incorporation into the final documents.
3. CONSULTANT has assumed that all water and sewer pipe line
alignment is within CITY rights-of-way.
4. CITY will be responsible for acquisition, surveying, and legal description
of easements or property required for facilities.
5. CITY will provide to CONSULTANT records on all existing pump
stations, impacted by the enclave improvements showing depth,
horsepower, pump capacity and number of pumps.
6. CITY will observe the construction on a day-to-day basis and will provide
the CONSULTANT with information on a daily basis concerning the
progress of the work. The CITY will give prompt written notice to the
CONSULTANT wherever CITY'S staff become aware of any actual or
dbp019/057.51
CH2M HILL
SERVICE AUTHORIZATION 4
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DATE:
PAGE 7 OF 11
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suspected defect in the work of the CONSULTANT so that the
CONSULTANT will have the maximum opportunity to mitigate any
damages from such defect.
7. The wastewater in the North Federal Highway area will flow or be
pumped to the collection system adjacent on the south side of the
enclave and that no crossings for Federal Highway have been included.
Additionally, the developer of the Anchorage has prepared a site plan
which includes the dedicated easements for the utility services and lift
station.
8. The wastewater in the Lake Ida area will flow or be pumped to the
collection systems adjacent on the east and south sides of the enclave.
9. The wastewater in the Germantown area will flow by m":,,,ity ,0 the
existing collection systems in the area.
~
10. Redesign or rehabilitation of existing lift stations is not included in this
scope of work.
II. CONSULTANT has not included preparation of operation and
maintenance manuals or startup services in this scope of work.
12. There are no railroad, canal, U.S., County or State highway crossings
required.
13. Services during construction are based on an 8-month construction
period.
14. Water services and sewer laterals will be located in the field by the
Contractor.
ll. COMPENSATION TO THE CONSULTANT
Compensation for professional consulting engineering services as described herein is
estimated as follows:
dbp019/057.51
CH2M HILL
SERVICE AUTHORIZATION 4
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DATE:
PAGE 8 OF 11
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Total
Task 1-- Design Services - Prepare Drawings,
Specifications and Contract Documents $99,726
Task 2--Special Services - Survey, Soils and
Permitting (Palm Beach County Health Department,
FDER and FDOT) 39,149
Task 3--Assistance During Bidding 6,434
Task 4--Services During Construction 53,503
Task 5--Additional Services (If Authorized by
City Manager) 20,000
TOTAL ~ $218,811
Compensation for services shall be in accordance with Article VII.A2 of the
AGREEMENT.
III. PROJECT SCHEDULE
CONSULTANT agrees to perform the services required herein within the following
time periods unless otherwise extended in writing by the CITY. Time as stated to
herein refers to calendar days from the date of execution of this SERVICE
AUTHORIZATION.
Task I--Design Services - Prepare Drawings,
Specifications and Contract Documents 150 Days*
Task 2--Special Services--Surveying, Soil
Borings and Permitting 180 Days*
Task 3--Assistance During Bidding 210 Days*
Task 4--Assistance During Construction 450 Days*
Task 5--Additional Services As Negotiated
*Based on no delays due to property acquisition.
dbp019/057.51
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I
CH2M HILL
SERVICE AUTHORIZATION 4
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DATE:
PAGE 9 OF 11
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APPROVED BY THE CITY CONSULTANT
OF DELRA Y BEACH CH2M HILL SOUTHEAST, INC.
_ day of ,19_ By:
Gregory T. McIntyre, P.E.
Vice President and
Regional Manager
CITY OF DELRA Y BEACH, a
municipal corporation of
the State of Florida ATTEST:
By: BEFORE ME, the foregoing instrument,
Mayor this _ day of , 19 _' was
acknowledged by Gregory T. McIntyre,
ATTEST: ~ Vice President and Regional Manager,
a duly authorized officer of CH2M
By: HILL SOUTHEAST, INC., on behalf of
City Clerk the Corpuration and said person exe-
cuted the same freely and voluntarily
for the purpose therein expressed.
APPROVED AS TO FORM:
By: WITNESS my hand and seal in the
City Attorney County and State aforesaid this _ day
of ,19_,
Notary Public
State of Florida
My Commission Expires:
(Seal)
dbp019/057.51
.
I ............................................CH2M....HIEE>PSOJEOT C0S"E ES'TlMlTE............... 1
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. ., ..' '.-. -..... .,.,........,..
CLIENT CITY OF DELRAY BEACH
PROJECT NAME PROVISION OF WATER AND SEWER SERVICE TO FORMER ENCLAVE AREAS
PROJECT NUMBER
TASK 3 TASK 4
RAW TASK 1 TASK 2 ASSISTANCE SERVICES
HOURLY SPEC'S SPECIAL DURING DURING TOTAL DIRECT LABOR @
CATEGORY (NAME) RATE & DRAWINGS SERVICES BIDDING CONSTRUCTION HOURS LABOR MULTIPLIER
8 VP/SENIOR CONSULTANT $33.30 0 $0 $0
7 SENIOR MGRlSENIOR CONSULTANT $33.30 0 $0 $0
6 PROGRAM. DEPT. OR DIV MGRlTECH CONSULT $33.30 49 6 3 35 93 $3,097 $9.291
5 SENIOR PROJECT MGR/TECH CONSULT $32.60 159 20 10 114 303 $9,878 $29,633
4 PROJECT MGRlSR PROJECT PROFESSIONAL $28.10 0 $0 $0
3 SA. PROJECT PROFESSIONAL $25.00 296 32 36 269 633 $15,825 $47,475
2 PROJECT PROFESSIONAL II $21.55 184 170 354 $7,629 $22,886
1 PROJECT PROFESSIONAL I $18.75 0 $0 $0
5 LEAD TECHNICIANlSUPERVISOR II $22.90 0 $0 $0
4 SENIOR TECHNICIAN $18.95 134 18 152 $2,880 $8,641
3 CERTIFIED TECHNICIAN $1J.35 0 $0 $0
2 TECHNICIAN $14.55 0 $0
1 JUNIOR TECHNICIAN $12.75 332 10 342 $4.361 $1;'.~-,
o TECHNICAL AIDE $11.20 356 78 434 $4,861 $14,582
OFFICE SUPPORT $11.50 167 18 28 55 268 $3,082 $9,246
ACTUAL MULTI
ITEM DESCRIPTION TASK 1 TASK 2 TASK 3 TASK 4 DIRECT DIRECT
COMPUTE~AUTOCADD $3,600 $200 $200 $600 $4,600 $4,600
PRINTING, REPROGRAPHICS. AND GRAPHICS $950 $200 $1,000 $900 $3,050 $3,050
WORD PROCESSING $2.000 $250 $250 $200 $2.700 $2,700
SURVEYING $25,000 $25,000 $25,000
SOILS $1,500 $1,500 $1,500
AERIAL PHOTOGRAPHY $6,000 $6,000 $6,000
AIR FARE $0 $0
AUTO MILEAGE $0 $0
MEALSlLODGING $0 $0
TELEPHONE $20 $20 $210 $210
POSTAGElFREIGHT $75 $75
SUPPLIES $840 ~
TOTALt.ABbRANI)..[JIRECJ.SERVICE~..<?).>.......... ....<..)?I$~;~)> ....$39349.>............ .....i..$6.~~...........U..<.....($5:1,sci:J<.... ...)??/$95.Sa7 . ...$1 1l6,811
...-..-
-
[ITY DF DELAAY BEA[H
lOCI r.,; .\\j "I :': .::.. \i E ~\j UE [j: ~,,~, ::-""':'~ ~LORIDM 33444 407/243.7000
MEMORANDUM
TO: Honorable Mayor and City Commissioners
FROM: ~fobert A. Barcinski, Assistant City Manager
Administrative Services
SUBJECT: AGENDA ITEM # W REGULAR MEETING OCTOBER 9, 1990
AGREEMENT WITH THE FLORIDA CENTER FOR PUBLIC MANAGEMENT
DATE: October 4, 1990
City Commission is requested to approve an agreement with the Florida
Center For Public Management, Florida State University, to provide
professional services to conduct a comprehensive analysis of our
computerized information system. The scope of services includes a
comprehensive needs analysis of the computerized information systems
in all city departments and the preparation of a long range strategic
plan. The study will include on site interviews and review of
existing software and hardware and will focus on user needs. The cost
of these services is $14,560 plus travel and per diem expenses at
State of Florida rates and other incidental expenses at cost; total
project costs not to exceed $17,500. Funds are available in account
#001-1811-513-33.15. 1i It) - "1 - 'i 0
RAB:kwg
THE EFFORT ALWAYS MATTERS
-
LState Fforufa. Center for Puiific MaMgement
liB N. WooawaraAvmue. 8-149
Ta.ffaftassee, FlOrida. 32306-4025
UNIVERSITY Tcteplione (904) 644-6460 FAX (904) 644-0152
September 13, 1990
1[.t .
t ""
,~ .h.~ ~~ ~~;- ,~.~.~ ,..
S r:: .~- .1'
Mr. David Hardin I..P 1? -.'
City of Delray Beach I . 1990
CITy MAr,,,
100 NW First Avenue I~A '.-
utft"
Delray Beach, Florida 33444 o orFte!
Dear David:
It was a real pleasure to meet your staff and to work with you on the Site Survey.
I have enclosed a brief report (three copies) covering the survey. The report
primarily sets out what needs to be done to complete a strategic plan. It also
provides some areas of emphasis. These areas of emphasis are initiatives that
you expressed, one or more staff members expressed, or areas in which I saw a
need for greater emphasis. Although I have expressed areas of emphasis, all
areas effected by automation will be reviewed.
I have enclosed a Letter of Agreement covering the professional services for
needs analysis and preparation of a strategic plan. For planning purposes, I
have estimated the variable costs to be about $3,000 maximum. So the total
project cost should be less than $17,500. Please execute one of the original
copieS' of the Letter of Agreement and return it to me. You may keep the second
original for your files.
If there are areas that I have overlooked or changes you would like to suggest in
the Letter of Agreement, let me know. We can modify the terms, conditions, and
compensation to address your specific concerns. You can see by referring to
Appendix C of the Survey Report, that I estimate the total time for the project to
be no more than nine weeks. That is a conservative estimate. I would expect it
to take less time. If the Letter of Agreement can be signed so that I can start
about the 7th of November, I would attempt to complete it before the Christmas
Holidays.
Let me know if you have any questions regarding this matter. My direct line is
904\644-6463.
Sincerely,
~
Robert K. Henderson
Senior Management Consultant
enclosures
((Buifc[in9 Leaiership for the Future"
LState FforUfa Center for Pubfu: Marutgeme.nt
118 N. Woodwan{ Avenue' B-149
Taffaftassee, Fforida 32306-4025
UNIVERSITY Tefepfione (904) 644-6460 FAX (904) 644-0152
September 13, 1990
LETTER OF AGREEMENT
This Letter of Agreement between the City of Delray Beach (City) and the Florida
Center for Public Management (FCPM) stipulates the professional services to be
provided by FCPM to the City. This agreement shall be effective from the date it
is executed by the City through June 30, 1991.
I. FCPM agrees to:
A. Conduct a needs analysis of the City's computerized information
systems.
B. Prepare a strategic plan for the City's computerized information
systems using the approach outlined in the Site Survey Report
dated September 13, 1990. _
.
C. Examine, review, and evaluate the present status and additional
needs for computerized information systems in the following areas:
1. City-wide computerized information systems
2. Finance Department
3. City Attorney's Office
4. Public Utilities\Public Works\Engineering
5. Purchasing Department
6. City Clerk's Office
7. Police Department
8. Fire Department
9. Parks and Rec Department
10. Community Improvement Department
"Bu~ Lead'ersl1.ip for tfie Future"
.
Letter of Agreement
City of Delray Beach
Page 2
September 13, 1990
11- Planning Department
12. Personnel Department
13. Information Resource Management Department
The review and evaluation will include analysis of hardware,
software, communications, personnel, and management strategies.
D. Meet with user team on a regular and periodic basis to ensure that
the analysis and acquisition is progressing according to this Letter
and the approach outlined in the Site Survey Report.
E. Coordinate on a regular basis with the liaison appointed by the City
to oversee this project.
F. Prepare a final report that will provide a strategic plan for
computerized information systems. The report will include:
1- An overview of the current status of automation in the City.
2. Goals to be achieved by enhanced automation--of the City's
~ activities.
3. Methods for handling the on-going management of
automation. The consultant will make recommendations
regarding management strategies that will improve
operational and decision-making aspects of the
Computerized Information System.
4. The consultant's recommendations regarding enhancements
to or replacement of existing computer equipment so as to
maximize the capabilities of the automated systems.
5. The consultant's recommendations regarding enhancements
to or replacement of existing software to ensure maximum
automated support for the mission of the organization.
The Consultant's evaluation and recommendations will
emphasize functionality of the recommended systems, with
cost effectiveness, long-term viability, and end-user ease of
use being additional primary considerations.
6. A recommendation on phasing of implementation.
Letter of Agreement
City of Delray Beach
Page 3
September 13, 1990
G. Provide the City with 26 days of consulting services as outlined in
items A through F above, and as generally outlined in Attachment
1.
H. Charge the City $14,560, plus travel and per diem expenses at
State of Florida rates, and other incidental expenses at cost.
I. Invoice the City for consulting effort, and travel and other incidental
expenses.
II. The City agrees to:
A. Appoint a liaison to interface with the FCPM consultant for this
project.
B. Designate the user team that will review the consultaflt's work
. products and provide the consultant with a sounding board for
alternative recommendations.
C. Pay $14,560 for the services described above, plus travel and per
diem expenses at the State of Florida rates, and other incidental
expenses at cost.
If this Agreement is terminated before it has been completed, the
City agrees to pay for all time, effort, and expenses incurred by
FCPM to date of termination.
III. Should additional services be required beyond those outlined herein, the
parties will negotiate the terms and conditions of such services and agree
to an amendment to this Letter of Agreement.
, , ,
Letter of Agreement
City of Circuit Court
Page 4
September 13, 1990
If you are in agreement with the nature and extent of the arrangements outlined
above, please sign below, indicating to whom invoices should be sent, and return
to Ms. Norma Jackson at FCPM.
-- ,-J~ .~,~
rida Center for City of Delray Beach
Public Management
Date Date
Invoice to:
-
.
Program # 11 41691
Letter of Agreement
City of Circuit Court
Page 5
September 13, 1990
ATTACHMENT 1
CITY OF DELRAY BEACH CIS NEEDS ANALYSIS AND STRATEGIC
PLANNING PROJECT
TASK NAME LOCATION EFFORT TASK
DAYS COST
1. REVIEW FUNCTIONAL UNITS DB 12 $6,720.00
2. PRODUCE PLAN TLH 10 5,600.00
3. MEET WITH USER TEAM DB 1 560.00
4. FINALIZE PLAN TLH 2 1,120.00
5. MEET WITH USER TEAM DB 1 560.00
TOTAL 26 - $14,560.00
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER [f!v1
SUBJECT: AGENDA ITEM # 3 t - MEETING OF OCTOBER 9, 1990
THIRD ANNUAL "HARVEST FEST"
DATE: October 5, 1990
The Chamber of Commerce is requesting Commission approval to hold the
Third Annual "Harvest Fest" on November 17th and 18th along East
Atlantic Avenue between the Intracoastal Waterway and Gleason Street.
This year's events include the Farmer's Market, Petting Zoo, Craft
Market and machinery display. In addition entertainment will be
provided. The exhibits will be situated on private properties along
Atlantic Avenue and thus pedestrian traffic will not be impeded. No
City services are required.
Recommend approval of request to hold "Harvest Fest" on November 17th
and 18th.
. ~~~
1
~~ ~~\):..1)(IdJf\lll ~ 11II II
\11;1!1lic j\n'!1l1l' ._--_.._--,-~-~_._-
S 1 1'0 II _________.._ __nU'__ .---- --.
an 64 SOUTHEAST FIFTH AVENUE. DEU<AV BFAel!. fl ~n/HU . ,1f 1 \ :', 11 \
()rigillal. x~ f' ~
L _.~.. f-'.j ,.._~
,.............. '~-_..J. ~/ 1.~~ T.~.
,., I: 0 # ." :
(... "I.., 2<1 1990 .
',/I'r IVJ'I' , .
,'"l/v."-t: .........
Septemr)er 24, . 9 C}() ,tf'. ,\ ,'IC,/ '1'
.L - ., Cf_
Mayor and City Commission
City of Delray Beach
100 NW 1st Avenue
Delray Beach, FL 33444
Dear Mayor and Commissioners:
The Atlantic Avenue Association requests the city's apprpvai to
host two events utilizing the sidewalks of East Atlantic Avenue.
The first is our Annual Halloween Sidewalk Sale schedu.L nd for
October 26 &: 27 on Atlantic Avenue between Swinton Avenue and AlA.
The second is Harvest Fest scheduled for November 1'1 & 18 ()JI East
Atlantic Avenue between the Intracoastal Waterway and (J.l e-'3son
Street. Exhibits on the sidewalks will not interfnt'p with
pedestrian traffic.
As in past events, the Chamber will co-insure the City nil our
policy up to one million dollars. We look toward to your f~vurao~e
reply.
Cordial.ly,
;.t{ut vu(dl{J1'Jlj).
r)'
Kathy ShabotynsKyj
Special Events Director
Chamber of Commerce
Dav1d Ha~
wp\hff.cit
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~f
SUBJECT: AGENDA ITEM # - MEETING OF OCTOBER 9, 1990
ANNUAL HALLOWEEN SIDEWALK SALE
DATE: October 5, 1990
The Atlantic Avenue Association is requesting permission to conduct
their Halloween Sidewalk Sale on October 26th and 27th on Atlantic
Avenue between Swinton Avenue and AlA. Exhibits on the sidewalks will
be displayed as to not interfere with pedestrian traffic. As in
previous years, the Chamber will provide liability insurance and name
the City as an additional insured. No City services are needed.
Recommend approval of the request from the Atlantic Avenue Association
to hold a sidewalk sale on October 26th and 27th.
,
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER 1:01
"
SUBJECT: AGENDA ITEM # €C - MEETING OF OCTOBER 9, 1990
RESOLUTION NO. 94-90
DATE: October 5, 1990
This item is a Resolution assessing costs for abatement action
required to demolish an unsafe building on property at
712 s.w. 2nd Terrace. The Resolution sets forth the actual costs
incurred and provides the mechanism to attach a lien on this property
in the event the assessment of $550 remains unpaid.
Recommend approval of Resolution No. 94-90 assessing costs for
demolishing an unsafe building within the City.
,
-I
,
i RESOLUTION NO. 94-90
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS
FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON
L,\ND(3) LOCATED WITHIN THE CITY OF DEL RAY BEACH; SETTING
OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING
FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST
ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU-
TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE
SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR
THE MAILING OF NOTICE.
WHEREAS, the Building Official or his designated representative
has, pursuant to Chapter 165, of the Code of Ordinances, declared the
existence of an unsafe building upon certain lots or parcels of land,
described in the list attached hereto and made a part hereof, for
violation of the building codes and building requirements adopted by
Chapter 165 and those Codes adopted in Chapter 96 of the Code of Ord-
inances; and,
WHEREAS, pursuant to Chapter 165, of the Code of Ordinances of
the City of Delray Beach, the Building Official or his designated
representative has inspected said land{sl and has determined that an
unsafe building existed in accordance with the standards set forth in
Chapter 165 and/or Chapter 96 of the Code of Ordinances, and did furnish
the respective owner Is) of the land (s) described in the attached list
with written notice of unsafe building and detailed report of conditions
and notice to vacate as the Building Official determined that the
building was manifestly unsafe and is considered a hazard to life and
public welfare pursuant to Chapter 165, of the Code of Ordinances
describing the nature of the violations and sent notices that the build-
ing was to be vacated and that the building was to be repaired or
demolished; work must be begun within sixty (60) days and all work must
be completed within such time as the Building Official determines, said
notice also advised that all appeals must be filed within thirty (30)
days from the date of service of the notice and failure to file an
appeal or to make the repairs required that the Building Official would
II have the authority to have the building demolished from the date of the
, said notice; and,
(I
, WHEREAS, all the notice requirements contained within Chapter
165 have been complied with; and,
WHEREAS, neither an appeal to the Board of Construction Appeals
'lor corrective action was undertaken in accordance with the order of the
'I Chief Building Official; therefore pursuant to Section 165.41 the Bui1d-
I ing Official caused the abatement action to be done; and,
'I
II WHEREAS, the City Manager of the Ci ty of De lray Beach has,
il pursuant to Section 165.42 of the Code of Ordinances of the City of
! Delray Beach, submitted to the City Cormnission a report of the costs
I incurred in abating said condition as aforesaid, said report indicating
the costs per parcel of land involved; and,
WHEREAS, the City Commission of the City of Delray Beach,
pursuant to Chapter 165, of the Code of Ordinances desires to assess the
cost of said condition against said property owner(s).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
NOTICE OF ASSESSMENT
Date
TO: Paul and Joseph Fleurenvil
ADDRESS: 712 SW 2nd Terrace, Delray Beach, Fl 33444
PROPERTY: 712 SW 2nd Terrace, Delray Beach, Fl 33444
LEGAL DESCRIPTION: Lot 24, Carver Square, according to Plat Book
24, Page 11 of the official records of Palm Beach County, Fl
.
~ the above-
You, as the record owner,of, or holder of an interest in,
described property are hereby advised that a cost of $550.00 by resolution
of the City Commission of the City of Delray Beach, Florida, dated
, 1990, has been levied against the above-described property.
The costs were incurred as a result of a nuisance abatement action
regarding the above-described property. You were given notice on 6-27-QO
that the Building Official has determined that a building located on the
above-described property was unsafe. You were advised in that notice of the
action that would be taken to remedy that unsafe condition and that the action
would be initiated on an emergency basis by the City.
x You failed to appeal the decision of the Building Official to the
Board of Construction Appeals although you were informed of your
right to an appeal and of the procedures for obtaining appeal.
You have also failed to take the corrective action required by
the notice of the Building Official.
You appealed the decision of the Building Official to the Board
of Construction Appeals. You were given written notification on
that you were required to take the corrective action
required by the decision of the Board of Construction Appeals
within a stated period of time. You failed to take the action as
required by the order of the Board of Construction Appeals.
You appealed the decision of the Building Official to the Board
of Construction Appeals on . The Board of Construction
upheld the decision of the Building Official.
An emergency action was undertaken at the above described
property to remove an unsafe condition. An appeal was not
re'ceived 30 days after the action was taken although you may
still have an appeal right as to the cost of the action.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER 5'(1., 1
SUBJECT: AGENDA ITEM # 8" H- - MEETING OF OCTOBER 9, 1990
RESOLUTION NO. 95-90
DATE: October 5, 1990
This item is a Resolution assessing costs for abatement action
required to demolish unsafe buildings on property at 214-216 S.W.
11th Avenue. The Resolution sets forth the actual costs incurred and
provides the mechanism to attach liens on these properties in the
event the assessment of $1,980 remains unpaid.
Recommend approval of Resolution No. 95-90 assessing costs for
demolishing an unsafe building within the City.
.
.
RESOLUTION NO. 95-90
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS
FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON
LAND (S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING
OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING
FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST
ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU-
TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE
SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR
THE MAILING OF NOTICE.
WHEREAS, the Building Official or his designated representative
has, pursuant to Chapter 165, of the Code of Ordinances, declared the I
existence of an unsa fe building upon certain lots or parcels of land,
described in the list attached hereto and made a part hereof, for
violation of the building codes and building requirements adopted by
Chapter 165 and those Codes adopted in Chapter 96 of the Code of Ord-
inances; and,
WHEREAS, pursuant to Chapter 165, of the Code of Ordinances of
the City of Delray Beach, the Building Official or his designated
representative has inspected said land(s) and has determined that an
"nsafe building existed in accordance with the standards set forth in
lapter 165 and/or Chapter 96 of the Code of Ordinances, and did furnish
.L1e respective owner(s) of the land(s) described in the attached list
with written notice of unsafe building and detailed report of conditions
and notice to vacate as the Building Official determined that the
building was manifestly unsafe and is considered a hazard to life and
pub li c welfare pursuant to Chapter 165, of the Code of Ordinances
describing the nature of the violations and sent notices that the build-
ing was to be vacated and that the building was to be repaired or
demolished; work must be begun within sixty (60) days and all work must
be completed within such time as the Building Official determines, said
notice also advised that all appeals must be filed within thirty ( 30)
days from the date of service of the notice and failure to file an
appeal or to make the repairs required that the Building Official would
have the authority to have the building demolished from the date of the
said notice; and,
WHEREAS, all the notice requirements contained wi thin Chapter
165 have been complied with; and,
WHEREAS, neither an appeal to the Board of Construction Appeals
or corrective action was undertaken in accordance with the order of the
Chief Building Official; therefore pursuant to Section 165.41 the Build-
ing Official caused the abatement action to be done; and,
WHEREAS, the City Manager of the City of Delray Beach has,
pursuant to Section 165.42 of the Code of Ordinances of the City of
De lray Beach, submitted to the City Commission a report of the costs
incurred in abating said condition as aforesaid, said report indicating
the costs per parcel of land involved; and,
WHEREAS, the City Commission of the City of Delray Beach,
pursuant to Chapter 165, of the Code of Ordinances desires to assess the
cost of said condition against said property owner(s).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
~TY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
-
_.
Section 1. That assessments in the amount of
as shown by
the report of the City Manager of the City of Delray a copy of which is
attached hereto and made a part hereof, are hereby levied against the
parcel (s) of land described in said report and in the amount(s) indi-
I ca ted thereon. Said assessments so levied shall, if not paid within
I thirty ( 30) days after mailing of the notice described in Section 165.42
become a lien upon the respective lots and parcel (s) of land described
in said report, of the same nature and to the same extent as the lien
for general city taxes and shall be collectible in the same manner and
with the same penalties and under the same provisions as to sale and
I foreclosure as City taxes are collectible.
Section 2. That such assessments shall be legal, valid and
binding obligations upon the property against which said assessments are
levied.
Section 3. That the City Clerk of the City of Delray Beach is
hereby directed to immediately mail by certified mail, postage prepaid,
return receipt requested, to the owner(s) of the property, as such
ownership appears upon the records of the County Tax Assessor, notice(s)
that the City Commission of the City of Delray Beach has levied an assess-
ment against said property for the cost of abatement action regarding an
unsafe building by the thirty (30) days after the mailing date of said
notice of assessment, after which a lien shall be placed on said proper-
ty, and interest will accrue at the rate of six percent (6%) per annum,
plus reasonable attorney's fees and other costs of collecting said sums.
Section 4. That this resolution sha 11 become effective thirty
(30) days from the date of adoption and the assessment(s) contained
herein shall become due and payable thirty (30) days after the mail i.nq
date of the notice of said assessment(s) , after which a lien shal:
placed on said property(s), and interest shall accrue at the rate of
percent (6 %) per annum plus reasonable attorney's fee and other costs of
collection.
Section 5. That in the event that payment has not been re-
ceived by the City Clerk within thirty ( 30) days after the mailing date
of the notice of assessment, the City Clerk is hereby directed to record
a certified copy of this resolution in the public records of Palm Beach
County, Florida, and upon the date and time of recording of the certi-
fied copy of this resolution a lien shall become effective on the
subject property which shall secure the cost of abatement, interest at
the rate of 6%, and collection costs including a reasonable attorney's
fee.
PASSED AND ADOPTED in regular session on this the day
of , 1990.
MAY 0 R
ATTEST:
City Clerk
- 2 - Res. No.9.
.
NOTICE OF ASSESSMENT
Date
TO: Benjamin Gibbs
ADDRESS: c/o Parker, 613 SW 8th Avenue, Delray Beach, Fl 33444
PROPERTY: 214-16 SW 11th Avenue. Delray Beach. Fl 33444
LEGAL DESCRIPTION: Lots 15 and 16. Block 7. Atlantic Gardens according to
Plat Book 14. Paie 63 of the official records of Palm Beach County. Fl.
t the above-
You, as the record owner,of, or holder of an interest in, described property are hereby advised that a cost of $l,qRO 00 by resolution
of the City Commission of the City of Delray Beach. Florida, dated
, 1990, has been levied against the above-described property.
The costs were incurred as a result of a nuisance abatement action
regarding the above-described property. You were given notice on 2-15-90
that the Building Official has determined that a building located on the
above-described property was unsafe. You were advised in that notice of the
action that would be taken to remedy that unsafe condition and that the action
would be initiated on an emergency basis by the City.
x You failed to appeal the decision of the Building Official to the
Board of Construction Appeals although you were informed of your
right to an appeal and of the procedures for obtaining appeal.
You have also failed to take the corrective action required by
the notice of the Building Official.
You appealed the decision of the Building Official to the Board
of Construction Appeals. You were given written notification on
that you were required to take the corrective action
required by the decision of the Board of Construction Appeals
within a stated period of time. You failed to take the action as
required by the order of the Board of Construction Appeals.
You appealed the decision of the Building Official to the Board
of Construction Appeals on The Board of Construction
upheld the decision of the Building Official.
An emergency action was undertaken at the above described
property to remove an unsafe condition. An appeal was not
received 30 days after the action was taken although you may
still have an appeal right as to the cost of the action.
The City of Delray Beach has therefore taken remedial action to remove
the unsafe condition existing on the above-described property on 9-4-90
at a cost of $1,980,.00 which includes a ten percent (10%) administrative
fee. If you fail to pay this cost within thirty (30) days, that cost shall
be recorded on the official Records of Palm Beach County. Florida against
the above-described property.
Copy of all notices referred to in this notice are available in the
office of the B~ilding Official.
BY ORDER OF THE CITY COMMISSION.
City Clerk
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ftjt1
SUBJECT: AGENDA ITEM;' Q]:-..- MEETING OF OCTOBER 9, 1990
RESOLUTION NO. 96-90
DATE: October 5, 1990
This item is a Resolution assessing costs for abatement action
required to prepare an unsafe building on property at 256 N.W. 9th
Avenue for demolition by disconnecting sewer service. The Resolution
sets forth the actual costs incurred and provides the mechanism to
attach a lien on this property in the event the assessment of $90.86
remains unpaid.
Recommend approval of Resolution No. 96-90 assessing costs for
preparing an unsafe building for demolition.
.
RESOLUTION NO. 96-90
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DEL RAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS
FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON
LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING
OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING
FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST
ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU-
TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE
SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR
THE MAILING OF NOTICE.
WHEREAS, the Building Official or his designated representative
has, pursuant to Chapter 165, of the Code of Ordinances, declared the
existence of an unsafe building upon certain lots or parcels of land,
described in the list attached hereto and made a part hereof, for
violation of the building codes and building requirements adopted by
Chapter 165 and those Codes adopted in Chapter 96 of the Code of Ord-
inances; and,
WHEREAS, pursuant to Chapter 165, of the Code of Ordinances of
the City of Delray Beach, the Building Official or his designated I
representative has inspected said land (s) and has determined that an
'1safe building existed in accordance with the standards set forth in
napter 165 and/or Chapter 96 of the Code of Ordinances, and did furnish
the respective owner (s) of the land (s) described in the attached list
with written notice of unsafe building and detailed report of conditions
and notice to vacate as the Building Official determined that the
building was manifestly unsafe and is considered a hazard to life and
public welfare pursuant to Chapter 165, of the Code of Ordinances
describing the nature of the violations and sent notices that the build-
ing was to be vacated and that the building was to be repaired or
demolished; work must be begun within sixty (60) days and all work must
be completed within such time as the Building Official determines, said
notice also advised that all appeals must be filed wi thin thirty (30)
days from the date of service of the notice and failure to file an
appeal or to make the repairs required that the Building Official would
have the authority to have the building demolished from the date of the
said notice; and,
WHEREAS, all the notice requirements contained within Chapter
165 have been complied with; and,
WHEREAS, neither an appeal to the Board of Construction Appeals
or corrective action was undertaken in accordance with the order of the
Chief Building Official; therefore pursuant to Section 165.41 the Build-
ing Official caused the abatement action to be done; and,
WHEREAS, the City Manager of the City of Delray Beach has,
pursuant to Section 165.42 of the Code of Ordinances of the City of
Delray Beach, submitted to the City Commission a report of the costs
incurred in abating said condition as aforesaid, said report indicating
the costs per parcel of land involved; and,
WHEREAS, the City Commission of the City of Delray Beach,
pursuant to Chapter 165, of the Code of Ordinances desires to assess the
cost of said condition against said property owner(s).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That assessments in the amount of
as shown by
the report of the City Manager of the City of Delray a copy of which is
attached hereto and made a part hereof, are hereby levied against the
parcells) of land described in said report and in the amount (s) indi-
cated thereon. Said assessments so levied shall, if not paid within
thirty ( 30) days after mailing of the notice described in Section 165.42
become a lien upon the respective lots and parcel (s) of land described
in said report, of the same nature and to the same extent as the lien
for general city taxes and shall be collectible in the same manner and
with the same penalties and under the same provisions as to sale and
foreclosure as City taxes are collectible.
Section 2. That such assessments shall be legal, valid and
binding obligations upon the property against which said assessments are
levied.
Section 3. That the City Clerk of the City of Delray Beach is
hereby directed to immediately mail by certified mail, postage prepaid,
return receipt requested, to the owner(s) of the property, as such
ownership appears upon the records of the County Tax Assessor, notice(s)
that the City Commission of the City of Delray Beach has levied an assess-
ment against said property for the cost of abatement action regarding an
unsafe building by the thirty (30) days after the mailing date of said
notice of assessment, after which a lien shall be placed on said proper-
ty, and interest will accrue at the rate of six percent (6%) per annum,
plus reasonable attorney's fees and other costs of collecting said sums.
Section 4. That this resolution shall become effective thirty
(30 ) days from the date of adoption and the assessment(s) contained
herein shall become due and payable thirty (30) days after the mailing
date of the notice of said assessment(s) , after which a lien shall be
placed on said property(s), and interest shall accrue at the rate of six
percent (6%) per annum plus reasonable attorney's fee and other costs of
collection.
Section 5. That in the event that payment has not been re-
ceived by the City Clerk within thirty (30) days after the mailing date
of the notice of assessment, the City Clerk is hereby directed to record
a certified copy of this resolution in the public records of Palm Beach
County, Florida, and upon the date and time of recording of the certi-
fied copy of this resolution a lien shall become effective on the
subject property which shall secure the cost of abatement, interest at
the rate of 6%, and collection costs including a reasonable attorney's
fee.
PASSED AND ADOPTED in regular session on this the day
of , 1990.
MAY 0 R
ATTEST:
City Clerk
- 2 - Res. No. 96-90
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,
NOTICE OF ASSESSMENT
Date
TO: John Cunningham
ADDRESS: 6939 ~ownharbor Blvd., Boca Raton, Fla. 33433
PROPERTY: 256 NW 9th AvenllP, Dp h'ay Rpa"h, Fl 11444
LEGAL DESCRIPTION: Lots 29-31, Block A, Tourist Nook according to Plat Book
11, Page 47 of the official records of Palm Beach County, Fl
t the above-
You, as the record owner ,of, or holder of an interest in,
described property are hereby advised that a cost of$90.86 by resolution
of the City Commission of the City of Delray Beach, Florida, dated
, 1990, has been levied against the above-described property.
The costs were incurred as a result of a nuisance abatement action
regarding the above-described property. You were given notice on 3-15-90
that the Building Official has determined that a building located on the
above-described property was unsafe. You were advised in that notice of the
action that would be taken to remedy that unsafe condition and that the action
would be initiated on an emergency basis by the City.
x You failed to appeal the decision of the Building Official to the
Board of Construction Appeals although you were informed of your
right to an appeal and of the procedures for obtaining appeal.
You have also failed to take the corrective action required by
the notice of the Building Official.
You appealed the decision of the Building Official to the Board
of. Construction Appeals. You were given written notification on
that you were required to take the corrective action
required by the decision of the Board of Construction Appeals
within a stated period of time. You failed to take the action as
required by the order of the Board of Construction Appeals.
You appealed the decision of the Building Official to the Board
of Construction Appeals on . The Board of Construction
upheld the decision of the Building Official.
An emergency action was undertaken at the above described
property to remove an unsafe condition. An appeal was not
received 30 days after the action was taken although you may
still have an appeal right as to the cost of the action.
The City of Delray Beach has therefore taken remedial action to remove
the unsafe condition existing on the above-described property on 7-3-90
at a cost of $90.86 which includes a ten percent (10%) administrative
fee. If you fail to pay this cost within thirty (30) days, that cost shall
be recorded on the official Records of Palm Beach County, Florida against
the above-described property.
Copy of all notices referred to in this notice are available in the
office of the B~ilding Official.
BY ORDER OF THE CITY COMMISSION.
City Clerk
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER9'jt/( _
SUBJECT: AGENDA ITEM # 8 J - MEETING OF OCTOBER 9, 1990
RESOLUTION NO. 97-90
DATE: October 5, 1990
This item is a Resolution assessing costs for abatement action
required to demolish unsafe buildings on property at 720 North Lake
Avenue. The Resolution sets forth the actual costs incurred and
provides the mechanism to attach a lien on this property in the event
the assessment of $2,929.25 remains unpaid.
Recommend approval of Resolution No. 97-90 assessing costs for
demolishing an unsafe building within the City.
I
,.
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RESOLUTION NO. 97-90
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS
FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON
LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING
OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING
FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST
ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU-
TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE
SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR I
THE MAILING OF NOTICE.
WHEREAS, the Building Official or his designated representative
has, pursuant to Chapter 165, of the Code of Ordinances, declared the
existence of an unsafe building upon certain lots or parcels of land,
described in the list attached hereto and made a part hereof, for
violation of the building codes and building requirements adopted by
Chapter 165 and those Codes adopted in Chapter 96 of the Code of Ord-
inances; and,
WHEREAS, pursuant to Chapter 165, of the Code of Ordinances of
the City of Delray Beach, the Building Official or his designated
representative has inspected said land(s) and has determined that an
'lnsafe building existed in accordance with the standards set forth in
hapter 165 and/or Chapter 96 of the Code of Ordinances, and did furnish
..:he respective owner(s) of the land(s) described in the attached list
with written notice of unsafe building and detailed report of conditions
and notice to vacate as the Building Official determined that the
building was manifestly unsafe and is considered a hazard to life and
public welfare pursuant to Chapter 165, of the Code of Ordinances
describing the nature of the violations and sent notices that the build-
ing was to be vacated and that the building was to be repaired or
demolished; work must be begun within sixty (60) days and all work must
be completed within such time as the Building Official determines, said
notice also advised that all appeals must be filed within thirty (30)
days from the date of service of the notice and failure to file an
appeal or to make the repairs required that the Building Official would
have the authority to have the building demolished from the date of the
said notice; and,
WHEREAS, all the notice requirements contained within Chapter
165 have been complied with; and,
WHEREAS, neither an appeal to the Board of Construction Appeals
or corrective action was undertaken in accordance with the order of the
Chief Building Official; therefore pursuant to Section 165.41 the Build-
ing Official caused the abatement action to be done; and,
WHEREAS, the City Manager of the City of Delray Beach has,
pursuant to Section 165.42 of the Code of Ordinances of the City of
Delray Beach, submitted to the City Commission a report of the costs i
incurred in abating said condition as aforesaid. said report indicating
the costs per parcel of land involved; and,
WHEREAS, the City Commission of the City of Delray Beach,
pursuant to Chapter 165, of the Code of Ordinances desires to assess the
cost of said condition against said property owner(sl.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
.ITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
-
Section 1. That assessments in the amount of
as shown by
the report of the City Manager of the City of Delray a copy of which is
attached hereto and made a part hereof, are hereby levied against the
parcells) of land described in said report and in the amount(s) indi- ,
cated thereon. Said assessments so levied shall, if not paid within i
thirty (30) days after mailing of the notice described in Section 165.42
become a lien upon the respective lots and parcel (s) of land described
in said report, of the same nature and to the same extent as the lien
for general city taxes and shall be collectible in the same manner and
with the same penalties and under the same provisions as to sale and
foreclosure as City taxes are collectible.
Section 2. That such assessments shall be legal, valid and
binding obligations upon the property against which said assessments are
levied.
Section 3. Tha t the City Clerk of the City of Delray Beach is
hereby directed to immediately mail by certified mail, postage prepaid,
return receipt requested, to the owner (s) of the property, as such
ownership appears upon the records of the County Tax Assessor, notice (s)
that the City Commission of the City of Delray Beach has levied an assess-
ment against said property for the cost of abatement action regarding an
unsafe building by the thirty (30) days after the mailing date of said
notice of assessment, after which a lien shall be placed on said proper-
ty, and interest will accrue at the rate of six percent (6%) per annum,
plus reasonable attorney's fees and other costs of collecting said sums.
Section 4. That this resolution shall become effective thirty
(30) days from the date of adoption and the assessment(s) contained
herein shall become due and payable thirty (30) days after the mailing
date of the notice of said assessment(s) , after which a lien shall be
placed on said property(s), and interest shall accrue at the rate of six
percent (6% ) per annum plus reasonable attorney's fee and other costs of
collection.
Section 5. That in the event that payment has not been re-
ceived by the City Clerk within thirty (30) days after the mailing date
of the notice of assessment, the City Clerk is hereby directed to record
a certified copy of this resolution in the public records of Palm Beach
County, Florida, and upon the date and time of recording of the certi-
fied copy of this resolution a lien shall become e ffecti ve on the
subject property which shall secure the cost of abatement, interest at
the rate of 6%, and collection costs including a reasonable attorney's
fee.
PASSED AND ADOPTED in regular session on this the day
of , 1990.
MAY 0 R
ATTEST:
City Clerk
- 2 - Res. No. 97-90
I
NOTICE OF ASSESSMENT
Date
TO: Richard and Margo Williamson
ADDRESS: 58u1 SW 52nd Ter., Miami, Fl 33135
PROPERTY: 720 North Lake Avenue, Delray Beach, Fl 33444
LEGAL DESCRIPTION: Lot 7 and W25' of Lot 8, Block D. LaHacienda according
to Plat Book 15, page 6 of the official records of Palm Beach Countv. Fl.
~ the above-
You, as the record owner,of, or holder of an interest in. described property are hereby advised that a cost of ~9~~*2~ by resolution
of the City Commission of the City of Delray Beach, Florida, dated
, 1990, has been levied against the above-described property.
The costs were incurred as a result of a nuisance abatement action
regarding the above-described property. You were given notice on 6-13-QO
that the Building Official has determined that a building located on the
above-described property was unsafe. You were advised in that notice of the
action that would be taken to remedy that unsafe condition and that the action
would be initiated on an emergency basis by the City.
x You failed to appeal the decision of the Building Official to the
Board of Construction Appeals although you were informed of your
right to an appeal and of the procedures for obtaining appeal.
You have also failed to take the corrective action required by
the notice of the Building Official.
You appealed the decision of the Building Official to the Board
of Construction Appeals. You were given written notification on
that you were required to take the corrective action
required by the decision of the Board of Construction Appeals
within a stated period of time. You failed to take the action as
required by the order of the Board of Construction Appeals.
You appealed the decision of the Building Official to the Board
of Construction Appeals on . The Board of Construction
upheld the decision of the Building Official.
An emergency action was undertaken at the above described
property to remove an unsafe condition. An appeal was not
received 30 days after the action was taken although you may
still have an appeal right as to the cost of the action.
-
~
The City of Delray Beach has therefore taken remedial action to remove
the unsafe condition existing on the above-described property on 9-4-90
at a cost of $2,929.25 which includes a ten percent (101.) administrative
fee. If you fail to pay this cost within thirty (30) days, that cost shall
be recorded on the official Records of Palm Beach County, Florida against
the above-described property.
Copy of all notices referred to in this notice are available in the
office of the B~ilding Official.
BY ORDER OF THE CITY COMMISSION.
City Clerk
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # - MEETING OF OCTOBER 9, 1990
RESOLUTION NO. 98-90
DATE: October 5, 1990
This item is a Resolution assessing costs for abatement action
required to prepare an unsafe building on property at 1010 S.W. 7th
.":. venue for demolition by pumping out the septic tank. The Resolution
sets forth the actual costs incurred and provides the mechanism to
attach a lien on this property in the event the assessment of $126.50
remains unpaid.
Recommend approval of Resolution No. 98-90 assessing costs for
preparing an unsafe building for demolition.
...
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RESOLUTION NO. 98-90
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS
FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON
LAND (S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING
OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING
FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST
ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU-
TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE
SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR
THE MAILING OF NOTICE.
WHEREAS, the Building Official or his designated representative
has, pursuant to Chapter 165, of the Code of Ordinances, declared the
existence of an unsafe building upon certain lots or parcels of land,
described in the list attached hereto and made a part hereof, for
violation of the building codes and building requirements adopted by
Chapter 165 and those Codes adopted in Chapter 96 of the Code of Ord-
inances; and,
WHEREAS, pursuant to Chapter 165, of the Code of Ordinances of
the City of Delray Beach, the Building Official or his designated
representative has inspected said land(s) and has determined that an
unsafe building existed in accordance with the standards set forth in
'~apter 165 and/or Chapter 96 of the Code of Ordinances, and did furnish
Ie respective owner(s) of the land (s) described in the attached list
with written notice of unsafe building and detailed report of conditions
and notice to vacate as the Building Official determined that the
building was manifestly unsa fe and is considered a hazard to life and
public welfare pursuant to Chapter 165, of the Code of Ordinances
describing the nature of the violations and sent notices that the build-
ing was to be vacated and that the building was to be repaired or
demolished; work must be begun within sixty (60) days and all work must
be completed within such time as the Building Official determines, said
notice also advised that all appeals must be filed within thirty (30)
days from the date of service of the notice and failure to file an
appeal or to make the repairs required that the Building Official would
have the authority to have the building demolished from the date of the
said notice; and,
WHEREAS, all the notice requirements contained wi thin Chapter
165 have been complied with; and,
WHEREAS, neither an appeal to the Board of Construction Appeals
or corrective action was undertaken in accordance with the order of the
Chief Building Official; therefore pursuant to Section 165.41 the Build-
ing Official caused the abatement action to be done; and,
WHEREAS, the City Manager of the City of Delray Beach has,
pursuant to Section 165.42 of the Code of Ordinances of the City of
Delray Beach, submitted to the City Commission a report of the costs
incurred in abating said condition as aforesaid, said report indicating
the costs per parcel of land involved; and,
WHEREAS, the City Commission of the City of Delray Beach,
pursuant to Chapter 165, of the Code of Ordinances desires to assess the
cost of said condition against said property owner(s).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
ry OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
!
..
Section 1. That assessments in the amount of
as shown by
the report of the City Manager of the City of Delray a copy of which is
attached hereto and made a part hereof, are hereby levied against the
parcells) of land described in said report and in the amount(s) indi-
cated thereon. Said assessments so levied shall, if not paid within
thirty (30) days after mailing of the notice described in Section 165.42
become a lien upon the respective lots and parcells) of land described
in said report, of the same nature and to the same extent as the lien
for general city taxes and shall be collectible in the same manner and
with the same penalties and under the same provisions as to sale and
foreclosure as City taxes are collectible.
Section 2. That such assessments shall be legal, valid and
binding obligations upon the property against which said assessments are
levied.
Section 3. That the City Clerk of the City of Delray Beach is
hereby directed to immediately mail by certified mail, postage prepaid,
return receipt requested, to the owner (s) of the property, as such
ownership appears upon the records of the County Tax Assessor, notice(s)
that the City Commission of the City of Delray Beach has levied an assess-
ment against said property for the cost of abatement action regarding an
unsafe building by the thirty (30) days after the mailing date of said
notice of assessment, after which a lien shall be placed on said proper-
ty, and interest will accrue at the rate of six percent (6%) per annum,
plus reasonable attorney's fees and other costs of collecting said sums.
Section 4. That this resolution shall become effective thirty
(30) days from the date of adoption and the assessment(s) contained
herein shall become due and payable thirty (30) days after the mailing
date of the notice of said assessment(s), after which a lien shall be
placed on said property(s), and interest shall accrue at the rate of six
percent (6%) per annum plus reasonable attorney's fee and other costs of
collection.
Section 5. That in the event that payment has not been re-
ceived by the City Clerk within thirty (30) days after the mailing date
of the notice of assessment, the City Clerk is hereby directed to record
a certified copy of this resolution in the public records of Palm Beach
County, Florida, and upon the date and time of recording of the certi-
fied copy of this resolution a lien shall become effective on the
subject property which shall secure the cost of abatement, interest at
the rate of 6%, and collection costs including a reasonable attorney's
fee.
PASSED AND ADOPTED in regular session on this the day
of , 1990.
MAY 0 R
ATTEST:
City Clerk
I
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i
I
- 2 - Res. No.98-90 \
I
i
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NOTICE OF ASSESSMENT
Date
TO: Espirio and Lile Gonzales
ADDRESS: 82~ SW 10th Avenue, Delray Beach, Fl 33444
PROPERTY: 1010 SW 7th Avenue, Delray Beach, Fl 33444
LEGAL DESCRIPTION: Lot 22, Block B, Ridgewood Heights according to Plat
Book 14, Page 44 of the official records of Palm Beach County, Fl
,
~ the above-
You, as the record owner ,of, or holder of an interest in,
described property are hereby advised that a cost of $126.50 by resolution
of the City Commission of the City of Delray Beach, Florida, dated
, 1990, has been levied against the above-described property.
The costs were incurred as a result of a nuisance abatement action
regarding the above-described property. You were given notice on 8-13-90
that the Building Official has determined that a building located on the
above-described property was unsafe. You were advised in that notice of the
action that would be taken to remedy that unsafe condition and that the action
would be initiated on an emergency basis by the City.
x You failed to appeal the decision of the Building Official to the
Board of Construction Appeals although you were informed of your
right to an appeal and of the procedures for obtaining appeal.
You have also failed to take the corrective action required by
the notice of the Building Official.
You appealed the decision of the Building Official to the Board
of Construction Appeals. You were given written notification on
that you were required to take the corrective action
required by the decision of the Board of Construction Appeals
within a stated period of time. You failed to take the action as
required by the order of the Board of Construction Appeals.
You appealed the decision of the Building Official to the Board
of Construction Appeals on . The Board of Construction
upheld the decision of the Building Official.
An emergency action was undertaken at the above described
property to remove an unsafe condition. An appeal was not
received 30 days after the action was taken although you may
still have an appeal right as to the cost of the action.
.JO
The City of Delray Beach has therefore taken remedial action to remove
the unsafe condition existing on the above-described property on 9-17-90
at a cost of $126.50 which includes a ten percent (10%) administrative
fee. If you fail to pay this cost within thirty (30) days, that cost shall
be recorded on the official Records of Palm Beach County, Florida against
the above-described property.
Copy of all notices referred to in this notice are available in the
office of the B~ilding Official.
BY ORDER OF THE CITY COMMISSION.
City Clerk
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~ CITY MANAGER
SUBJECT. AGENDA ITEM #~.L.I - MEETING OF OCTOBER 9, 1990
AWARD OF BIDS AND CONTRACTS
DATE: October 5, 1990
This ltem is before you to award the following bids and contracts:
1. Automated Sign Maker- Traffic Division- Tubelite Company in
the amount of $20,461 with funding from Traffic
Operations/Machinery and Equipment (Account No.
001-3141-541-60.82). Account balance $24,500.
.
MEMORANDUM
TO: David T. Harden, City Manager
THROUGH: Robert A. Barcinski. Assistant City Manager/
Administrative Services
FROM: Ted Glas, Purchasing Officer ;f#
DATE: October 2, 1990
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
OCTOBER 9, 1990 - PURCHASE AWARD
AUTOMATED SIGN MAKER FOR TRAFFIC DIVISION
Item Before City Commission:
The City Commission is requested to award contract to
Tubelite Company for an automated sign maker, at a cost of
$20,461.30. Per the Budget Office, funding is from:
t'O~ 3/'1/- ~"II- ~,.fJ.. ( 1f2.a.~, ~:.~ - 1))M.J...,J,t'y>.
l' e~ '~'p~ III: .,
1<.' ..{. . r
Background:
A requisition has been received from the Traffic Division
for one (1) automated sign maker and plotter.
A Gerber Scientific sign maker is available via a bid award
from the City of Boca Raton.
The Traffic Division has evaluated this equipment and found
it to be acceptable for their use.
Recommendation:
Staff recommends award of this purchase to Tubelite Company,
at a cost of $20,461.30 via City of Boca Raton bid. Funding
as outlined above.
Attachments:
Documentation - City of Boca Raton
pc William Greenwood
I
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,
,
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~!,::~::~. 8OCAAATOH,~"__UO .--._,,>>~. '
, SUNCOM: (4071 822.7700
July 25, 1990
,
To: Caroline Westfall
Purchasing Supervisor
Thru: Henry C. Hillman. Jr., P.E., R.L.S.
City Engineer
Thru: T. Douglas Hess, P.E.
Traffic Engineer
From: Tom Blggs t)J!)
Signs & Marking Chief
Subject: Bid - "Automated Sign-Maker"
I
On July 9, 1990 two bids were received/opened: I
1) Tubelite Company. Medley, Florida (Gerber) $20.461.30 extra training- no co.t
2) CMS SystelllS, Hampton, Virginia $17~995.00 extra training- $200. day,
While the CMS system was the lowest bid. they do not caaply with the following
specifications: I
9) not compatibla with gerbedink network
10) not able to provide 30" plotter
13) not able to provide pouncing tool
Disadvantages:
1) We need to be able to trade fonts. exchange id.... share data storage with other
government agencie.. Cerberlink network is es.ential t~ successful operations.
There are dozens of existing machines in the .tate that could be accessee! if we
use the network system. Only one lovern.ent. alencyiiD the U.S.A. bas the CMS
syatem, owned by the City of Orlendo. Rick who worka ill their dgn shop spoke
with me about it. They bave both .y.t.... (Gerber end CMS). Be .tates that for
traffic sign lIW1ufacturillg. the Gerber ia the wa., tq 10. They use their Q(S
machine for deco and dedp work. about 1% of the t~. The Gerber is used about
99% of the time. ae ..111 that the OKS require. . cqur.. in DOS to be able to use.
while the Gerber is a dllpler uaer friendly system. '
2) Extra charges for trailling could get out of hand.
3) Not having a local representative ill our ar.. would b. a hardship.
4) Friction drive systea is not as accurate as sprocket drive; can result in
uneven letter spacing at times. !
5) Must purchase a separate loaner contract if the system fails.
No advantages are known. It is recommended that we proceed with the Tubelite Co. (Gerber)
tb
- AN EQUAL OPPORTUNITY EMPLOYER -
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Agenda Item No.:
AGENDA REQUEST
Date: October 9, 1990
Request to be placed on:
X Regular Agenda
Special Agenda
Workshop Agenda When: October 9, 1990
Description of item (who, what, where, how much):
Action to designate the Director of Finance and City Clerk to act and to serve as
registrar for those City bonds which have not named a separate financial institution
to serve as registrar (list attached).
(Example: Request from Atlantic High School for $2,000 to fund
project graduation).
ORDINANCE/ RESOLUTION REQUIRED: YES/@ Draft Attached: YES/NO
Recommendation: Appointment of Director of Finance and City Clerk to act and
serve as registrar as outlined above.
(Example: Recommend approval with funding from Special Events Account
No. 001-3333-555-44.55).
(Acting) Department Head Signature: ~~U(.h~ .
City Attorney Review/ Recommendation (if applicable):
(Previous correspondence concerning same attached for reference).
Budget Director Review (required on all items involving expenditure
of funds):
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for agenda: YES/ NO
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action: Approved/Disapproved
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MEMORANDUM
TO: David T. Harden
City Manager
FROM: C!3J-.DaV1dK. Huddleston
Director of Finance
SUBJECT: City Bond Registrar
DATE: September 21. 1990
This is to advise that. due to my resignation from the City effective September 28,
1990, I will no longer be able to perform my duties as the City's Bond Registrar
and would further advise that a new Bond Registrar be appointed so that this person
may process requested bond transfers.
Isam
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[ITY DF DELRAY BEA[H } . ::~~.:;~K
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CITY ATTORNEY'S OFFICE 310S.I.],1 STRl.Il,SIT)!i DJ.LIn)' BI.ACIl, I I OJ{IJ)/\ 334H3
407'.'4.\.7(1')/1 I FII('()PII J< 41l7!27S-I7'"
MEMORANDUM
Date: July 13, 1989
To: David M. Huddleston, Director of Finance
From: Herbert W.A. Thiele, City Attorney
Subject: Designation of Registrar
Attached hereto for your information and files, please find
copy of correspondence received by t.he City Attorney's Office
from Stephen D. Sanford, Esq. This letter is in response to a
copy of a memorandum which we submitted to Steve requesting
their input on the designation of registrar issue.
You will note from the content therein that Mr. Sanford agrees
with my recommendation (now accomplished) that the City Commis-
sion should formally vote to designate the Finance Director
and/or the City Clerk as a registrar (although, as an alterna-
tive, the City Commission could have designated a commercial
bank or trust company).
If you would like any additional information on this subject,
please contact the City Attorney's Office.
~c:r'
HT:sh
At.tachrnent
cc: City Commission
Walter O. Barry, City Manager
.. .
.
MUDGE ROSE GUTHRIE ALEXANDER & FERDON
.80 MAIDEN LANE SUITE 900, NORTHBRIDGE CENTRE 212. K STREET. N.W.
NEW TORK. NEW YORK '0038 WASHINGTON. D.C. Z0037
Z'Z-510-7ooo 5 I 5 NORTH FLAGLER DRIVE ZOZ-"Z9-9355
- -
425 P....RK AVENUE WEST PALM BEACH, FLORIDA 33401 surTE ZOZO
NEW '101'11(. NEW YORK 1002Z 333 SOUTH GRANO AVENUE
Z 1 Z-....lIS-9Z00 - L05 ANGELES. CALI F. 9007 I
407-650-8100 ZI3-lIS'3-"'Z
-
- 12. RUE DE LA PA'X
TELECOPIER: ..07-833-17Z2 75002. PAR'S. FRANCE
TELEX: WU S ,..8..7 O,..Z. lISl. 57.7'
June 16, 1989
Herbert w. A. Thiele, Esq.
City Attorney
City of Delray Beach
310 S.E. 1st street, Suite 4
Delray Beach, Florida 33483
Re: Designation of Registrar Inquiry
Dear Herb:
I am in receipt of the memorandum from Dave Huddleston
to you regarding the designation of certain City officials as
registrar for the City's outstanding issues where a bank or trust
company hasn't been appointed to serve in that capacity. I am
curious why Smith Barney has requested a letter from the City
signifying the designated registrar.
I agree with your recommendation for the Commission to
formally vote to designate the Finance Director and/or the City
Clerk as registrar, as being all the action required. As an
alternative, the City Commission may want to consider appointing
a bank or trust company to act as registrar.
Although this option would cost the City something, it
would shift the responsibility and hassle to an entity better
equipped for that type of service.
If you would care to discuss this matter further,
please do not hesitate to call.
Very truly yours,
Stephen D. Sanford
SDS/emi
cc. Dave Huddleston
,I
ATT ,EY'S OFFICE TEL No. 407 278 4755 Jun {~f~. '"
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~~ ;;,;1,g!':~
IT' IF DELAA' BEA:II:~~{..t~~~-t!'c:,( .
~~'" ~)"':
, .' ~..~.:; ("I :~,".,;.':~~~:~:~:'.::~~,,~~1t,\o~~~~': . .'.~'''. '"'
m ATTORNEY'S OFFICE 310 S.E. ht STREET. SUITE.. '. DELRAY Bf.ACH. FLORIDA 3~\483
407/243- 7090" TELECOPIER 407127fi-4 755
MEMO~DUM
Date: May :1, 1989
To: David M. Huddleston, Director of F1.nance
From: Herbert W. A. Thiele, City Attorney
S1..~bj ect : De~~gnation ot Registrar In~ry
This will tl.cknawledge ::e('p ipt of Y!)01 y;-.emOT rlndUlt\ of ~y J 1 ,
19B9, concerning your quc$t-ion of whc,t.h....~ "'_"r ~!, , ...;~ '..: i/,; J d. hA\!'~
a formal appointment of the city Cle.r.k a nd./ ,),; y()~~..! I...~ {-~ ~ ..
registrar for va.riOLl.5 bonr1 issues. I
In that regard, it is quite possible that the 0 1 ~ c i 1 Y l' C'" , r\ '.'
do have such a designa lion in them, but to find same h',
probably not be worth it. i
i
In any event, 1 do not believe that our inability to find SU~ I
a written document would invalidate the fact that the City ha:
at least de facto had the City Clerk or the Finarlc~ "")iI'ec~o:
act in the capacity of re91~trar for the old coupon bonds. .,.
any ~vent, it would no' .rt far future reference to have
an appointment done for" . n and it would be my rec~nenda,
1 ,
that we place on an up':<..Jw.ing city Commission age'da an item
wherein the Commission wouldtormally vote \"0: designate the
City Clerk and/or the Director of Finance t.O act and to serve
as registrar for City bonds, unless a substitute. is specifically
dcsigna tf.~<' in bond resolutions previously issued, or whic'fJ
might f'x.' ~~ued in the future.
copy Df this memorandum to Steve Sanf ord at. Mudge, Rose,
.chrie, Alexandt;:r and Ferdon we are requesting any addi t 5. nna 1
yt he may have on this suLject.
CC: City Commission
Walter O. Barry, City Manager
Steven Sanford, Esq~
. ,
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAG E R tJ"-A
VI
SUBJECT: AGENDA ITEM # 1tq - MEETING OF OCTOBER 9, 1990
SITE PLAN APPROVAL
DATE: October 5, 1990
We received a request for site and development plan approval for
Congress Industrial Service Center a proposed light manufacturing,
office, and storage facility to be located on the east side of
Congress Avenue between Atlantic Avenue and Lake Ida Road. The
development proposal for this project consists of constructing a
29,000 square foot building which will be divided into four bays. The
office/manufacturing use will be housed in two bays totalling 14,000
square feet, with the ancillary warehouse and storage uses being
housed in the remaining two bays totalling 15,000 square feet. Fifty
seven parking space will be provided south of the building.
The Planning and Zoning Board at their September 24th meeting
recommended approval subject to conditions. The Community Appearance
Board, and subsequently, the Site Plan Review and Appearance Board
recommend approval subject to conditions. In addition, consistency
and concurrency with the Comprehensive Plan for this project is met
through payment for improvements to N.W. 18th Avenue and extension of
water mains. This action is also consistent with the Future Land Use
Map and text. A detailed staff report is attached as backup material
for this item.
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: CHERYL LEVERETT, ADMINISTRATIVE ASSISTANT III
FROM: ~ lks~~cTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF OCTOBER 9, 1990
CONSIDERATION OF A SITE PLAN FOR THE PROPOSED CONGRESS
INDUSTRIAL SERVICE CENTER
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of a site and development plan for a proposed
project under MI zoning (changes to MIC on October 1st).
The proposed facility is located on the east side of
Congress Avenue north of N.W. 1st Street on property which
is currently vacant.
This project is being processed under the previous
development regulations; thus, the need for City Commission
action.
BACKGROUND:
This project is straight forward. It involves construction of a
29,000 sq. ft. structure which may be used for office,
manufacturing, and ancillary storage. The project is speculative
at present. Site design may be modified once tenants are
selected.
The purpose of proceeding at this time is to allow the owners of
the property to have a marketable (site plan approved) project.
There remain several detailed items which will be addressed once
firm development plans are made and a final plat is processed.
The CAB has reviewed and has given preliminary approval to the
elevations.
Please refer to the staff report for a more complete description
of these items.
city Commission Documentation
Meeting of October 9, 1990
Consideration of a Site Plan for the Proposed
congress Industrial Service Center
Page 2
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board reviewed this item at its meeting
of September 24, 1990, at which time a recommendation of
approval, subject to conditions, was forwarded to the City
Commission. The conditions were pursuant to the staff report.
The applicant was present and had no objections.
RECOMMENDED ACTION:
By motion, approval of the site plan for the proposed Congress
Industrial Service Center.
Attachment:
* Cover sheet from the September 24th P&Z Staff Report
* Reduction of site plan
DJK/#68/CCCISC.TXT
:J~ANN; I NG 8- ZONiNG BOARD
- -- STAFF REPORT - -
:ITY OF OELRAY BERCH
tv 'T ING o::lTE: September 24 , 1990
AGEf'OA ITEM: II.A.
ITEM:Site and Development Plan, ConRrcss Industrial Ser\'ice Cellter, Cungress North of
N.W. 1st Street.
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:it 'ERAL DATA:
Owner. . . . . . . . . . . . . . . . . . . . . . . . . . . (Hchae 1 Swerdlow Companies, Inc.
Age II t. . . . . . . . . . . . . . . . . . . . . . . . . . . R i C 11 a r d V. Reikenis
Location........................East side of Congress Avenue
between Atlantic Avenue and Lake
Ida Road.
Property Size...................l.719 Acres
City Land Use Plan..... .........Commerce
C i t Y Z 0 n i n g. . . . . . . . . . . . . . . . . . . . . ('11 (r'ledium Industr ial)
Adjacent Zoning.................t1orth, East, South, and West of
the subject property are all
zoned rn.
Existing Land Use...............Vacant
Proposed Land Use...............Light manufacturing, office, and
storage.
Wa t e r S e r v ice . . . . . . . . . . . . . . . . . . . E:d s tin g 8" \.1 ate r m a i n a Ion g N W
18th Avenue. lTEr'I: II.
SevIer Service.................. .110 se',.:er exists to the site. ^
wain extension will be required.
.
.
ITEM BEFORE THE BOARD:
The action before the Board is that of making a recommendation on
a site plan and final plat for the Congress Industrial Service
Center. The property is located on the east side of Congress
Avenue just north of N.W. 1st Street.
BACKGROUND:
This parcel was a portion of a larger parcel utilized for a
concrete mixing operation (Snow Concrete) established in November
1980. The property was unincorporated (County) and pursuant to
the County subdivision rules was subdivided by "meets and bounds"
in January, 1984. Subdivision by this method is not considered a
legal subdivision under the City Subdivision Code. However, as
the subdivision was legal under the applicable subdivision codes
upon annexation in November, 1988, the property was clear of any
subdivision violations. About the time of annexation the
concrete operation, now called Sunshine Concrete was scaled down
leaving this parcel vacant. The applicant wishes to obtain
approval of speculative site development proposal to enhance the
value of the property which is currently for sale. This is the
development proposal before you.
PROJECT DESCRIPTION:
The development proposal before the Board is to construct a
29,000 sq.ft. building consisting of four bays. The building
will have 14,000 sq. ft. office/ manufacturing (2 Bays) and 15,000
sq. ft. of ancillary warehouse and storage (2 bays). A 57 space
parking lot is proposed south of the bui lding. In addi tion
landscape buffers of 45' along Congress Avenue and 25' along N.W.
18th Avenue are provided. A final plat is accompanying the site
development plan providing additional right-of-way for N.W. 18th
Avenue and easements for water main extensions.
SITE PLAN ANALYSIS:
The site plan has been reviewed using criteria outlined in
Section 173.867 "Standards for Evaluatinq Si te and Development
Plan Applications". A revised submittal was received on
september 12, 1990 and the following review is the based on that
submittal.
Standard A (sufficiency of materials)
Several copies of documenta t ion or igi na 11 y reques ted have not
been received. These documents are at tached as condi t ions
approval. The balance of the submittal is adequate for review.
Standard B (impact of density or proposed use on adjacent
properties and the City as a whole)
.
P&Z Staff Report
Congress Industrial Service Center - Site Plan & Plat
Page 2
This property is located in the industrial section of the City.
Vacant property exists to the north that was previously utilized
as concrete mixing facilities (i.e. silos and shell rock base) .
To the south the site is bordered by vacant property and to the
east by an existing concrete mixing operation. To the west is
an auto repair use west of Congress Avenue. Given these existing
and prior uses this site plan should have no negative impacts on
adjacent existing or potential uses. This development proposal
will attract two large tenants of 14,500 sq. ft. each. Tenants of
this size would probably by less impact than a group of smaller
units of the same total size.
Standard C (ingress and egress)
The applicant has proposed two points of ingress and egress to
the site. One from Congress Avenue and the other from N.W. 18th
Avenue. During initial review a recommendation was made to flip
the building to the south and the parking area to the north
thereby allowing the ingress from Congress to line up with the
existing median cut. The applicant decided not to change the
plan to accommodate this recommendation.
Standard D (off street parking and loading)
Pursuant to Section 173.773 (C) a total of 57 spaces are
required, 42 for the office/ manufacturing component and 15
parking spaces for the ancillary warehouse/storage function. A
total of 57 spaces are provided along the south elevation of the
structure.
Loading:
Pursuant to Section 173.791 two loading areas are required. With
the initial submittal loading areas were proposed at the west and
east ends of the building abutting both Congress Avenue and N.W.
18th Avenue. The applicant was informed that overhead doors
facing public right-of-ways were contrary to Community Appearance
Board policies as well as contrary to the development code for
the MIC zoning district. This parcel will be rezoned from MI
Medium Industrial to MIC Mixed Industrial and commercial with the
adoption of the LDRs.
A redesign was submitted that provides two loading areas of 30'
by 28' along the the south building elevation.
Standard E (screens and buffers)
Pursuant to Section 173.030 (N) a 30' landscape buffer is
required along Congress Avenue. A 45' landscape strip is proposed
along Congress Avenue with trees 20' on center and hedging and
under plantings. Trees 30'on center as well as hedging is
proposed along the north, south and east property lines.
.
P&Z Staff Report
Congress Industrial Service Center - Site Plan & Plat
Page 3
Dur ing the course of several resubmittals foundation plantings
originally proposed along the buildings south elevations were
eliminated. During CAB review of the landscape plan on August 22
foundation plantings were required. The applicant resubmitted a
revised plan on September 12, 1990 which accommodated a 5 t
landscape strip with plantings along the south elevation. This
landscape plan was approved by the Site Plan Review and Appearance
Board (SPRAB) on September 12, 1990.
Standard F (drainage)
Drainage is accommodated via an exfiltration trench which will be
located in the parking area. Concerns were identified with
respect to grade changes along the north and south property lines
and off-site drainage flows. These concerns have been addressed
via incorporation of swale areas and a retention wall (see
discussion under drainage section of the plat analysis).
Standard G (sanitary sewers)
An 8" sewer main exists 380' north of this project. A 10" main
extension to the south property line,within the N.W. 18th Avenue
right-of-way, will be required. A technical item relating to the
slope of the main has not been addressed by the applicant and is
discussed in utility section under plat analysis.
Standard H (utilities)
Water service is provided via an extension of the 8" main
currently located within the N.W. 18th Avenue right-of-way. This
main will be extended through the development to Congress Avenue
and then north and south to the property lines where stub offs
will be provided. The extensions include the installation of 2
fire hydrants internal to the site. In order to adequately
protect the building proper pressure is needed which will require
either looping the water main to the south to an 8" main at N.W.
lst Street and Congress Avenue or the building must be internally
sprinkled. The applicant has elected to internally sprinkle the
building. The location of the sprinkler apparatus and backflow
preventer has not been indicated on the water and sewer plans.
Standard I (recreation and open space)
No recreation requirement applies to the HI Zoning District Use.
Open space is a function of Section 173.772(D)(2) (interior
landscaping) and Section 173.659(A)(4) (perimeter landscape) .
The development proposal incorporates these perimeter and
internal landscape requirements.
.
P&Z Staff Report
Congress Industrial Service Center - Site Plan & Plat
Page 4
Standard J (site development, appearance and general layout)
The general layout of the site development plan is compatible and
harmonious with the development potentials of adjacent (MI)
Medium Industrial properties (MIC upon adoption of the LDR,s).
Other Site Plan Matters:
Pursuant to Section 172.17 sidewalks are required along all
public right-of-way. The development plan indicates the existing
8 ' concrete walk along Congress Avenue but does not provide a 5 '
walk for N.W. 18th Avenue. The 5' sidewalk must be noted on the
site plan. This improvement should not be installed until
reconstruction of N.W. 18th Avenue occurs, therefore it will be
necessary to provide a cash contribution for 110\ of the cost of
this improvement.
TECHNICAL ITEMS:
The resubmittal has addressed most of the staff comments.
However, the following comments remain outstanding;
1. Five foot ramps for handicap spaces are required.
These ramps are to be in addition to the 12' handicap
space.
2 . The dumpster should be angled for better accessibility.
3. Provide a site lighting plan which is to be shown on
the landscaping plan to verify conflicts do not exist.
REVIEW BY OTHERS:
COMMUNITY APPEARANCE BOARD:
The development proposal was before the Community Appearance
Board on both August 22, 1990 and the SPRAB (Site Plan and
Appearance Board) on September 12, 1990. The CAB and SPRAB
approved the landscape plan subject to the following conditions;
Relocation of the hedging and tree line to adjacent the
building along the east elevation.
Relocation of the hedging and tree line to adjacent the
buildings the west elevation (Congress Avenue) . Relocation
of landscape material is suggested to aid in ability to
maintain areas which now are isolated between the buildings
and hedge row.
.
P&Z Staff Report
Congress Industrial Service Center - Site Plan & Plat
Page 5
The foundation plantings be re-reviewed by the SPRAB when
the final elevations are submitted. This allow the Board to
comment on the location, massing and type of material as it
relates to the elevations.
Plat Analysis:
A final plat has been submitted for this parcel. The plat is a
boundary plat providing a 25' right-of-way dedication for N.W.
18th Avenue along with easements for new extensions of the 8"
water main.
Vehicular Access:
The proposal before the Board accommodates 2 entries from the
adjacent street system, one from N.W. 18th Avenue and the other
from Congress Avenue. A permit from Palm Beach County will be
required for the Congress Avenue entry. This permit must be
issued and a copy provided to the Planning Department prior to
scheduling of the plat for City Commission action.
Utilities:
Water service:
Water service is obtained from an 8" main which exists along the
west side of N.W. 18th Avenue. This main will be extended though
the development to Congress Avenue and then north and south to
the property lines were stub offs will be provided. The
extensions include the installation of 2 fire hydrants internal
to the site.
HRS permits are required for the water main extensions and must
be obtained prior to scheduling of the plat for City Commission
action.
Sewer service:
Sewer service is provided via an 10" main extension from an
existing 8" main to the north within N.W. 18th Avenue
right-of-way. An outstanding technical item which has not been
addressed requires the main to be constructed at a .30\ slope
verses the .42\ shown on the sewer profiles. This item must
changed on the sewer and water plan prior to submitting the plans
to Utilities Department for permitting.
Drainage:
Drainage is accommodated via a 250' exfiltration trench. With
the initial submittal, concerns were raised with respect to the
north and south elevations which allowed drainage from this site
to overflow onto adjacent properties. Since there was a grade
.
-
P&Z Staff Report
Congress Industrial Service Center - Site Plan & Plat
Page 6
change of approximately 4 · to the north and 3.5' to the south
swale areas or retention walls are required. With the
resubmittal a swale area has been provided along the north
property line and a swale with retaining wall along the south
property line.
Other Plat Items:
As many parcels in this area are unplatted N.W. 18th Avenue was
accommodated by a 70' ingress/egress easement (35' from each
abutting property) . With platting it is appropriate that N.W.
18th Avenue be dedicated as a right-of-way verses an easement.
Based upon a determination that a 50' street is adequate in this
area a 25' right-of-way dedication from each abutting property is
required and has been provided. This leaves a 10' ingress/egress
easement internal to this property. This 10' easement should be
abandoned.
As this parcel has access onto N.W. 18th Avenue, a currently
unimproved street, this development will be responsible for 1/2
the cost to upgrade the street along it's frontage. A cash
contribution covering 110\ of the cost of the improvement will be
required and is attached as a condition of approval.
TECHNICAL PLAT ITEMS:
With the resubmittal the applicant has not addressed any of the
comments relating to the plat. These comments are listed below
and are attached as condit~ons of approval.
Pavinq and Drainaqe Plan:
1. Provide on-site stop bars and stop signs on the paving and
drainage plan.
2 . Note on parking space detail lines to be white with radius
at end, blue lines for handicap space, doubled striped with
9 ' x 18' dimensions.
3. Pavement base specifications shall be 6" limerock for
parking spaces, 18" limerock for drives.
4. Provide 12" sump on inlets.
5. Provide 6" x 18" curb detail.
6 . Sidewalk shall be raised 6" from pavement.
.
P&Z Staff Report
Congress Industrial Service Center - Site Plan & Plat
. Page 7
Plat Document:
7 . The 5 ' limited access easement should be removed from the
plat as it does not have nay function in determining
frontage, etc. ~a-
8. The north and south plat lines scale at 430' while the
dimensions from PB6, Pg.51 show the dimension as 410~
Explain the conflict.
9. Provide Planning and Zoning Chairman signature space.
10. Change Fire Chief to Fire Marshall on plat signature block.
11. Reference the centerline of N.W. 18th Avenue.
12. Provide arrows designating additional right-of-way for N.E.
18th Avenue. Note this as a separate tract and note tract
under dedication.
13. Under City approvals on plat remove "and reviewed, accepted
or certified by".
Other:
14. Provide a copy of the 35' easement deed for road
right-of-way as shown on the survey.
15. Provide a copy of the corrected deed for right-of-way taking
along Congress Avenue. See Survey not Number 3.
16. Provide certified cost estimate of public utilities.
17. Provide cost estimate to construct 1/2 of roadway on
frontage of N.W. 18th Avenue including sidewalk.
ASSESSMENT:
This site development proposal is fairly straight forward and
speculative in nature. The plat contains many outstanding
conditions however, these conditions are technical and minor in
nature. It would therefore be appropriate to approve both the
site plan and and plat and require all outstanding comments to
the plat to be addressed prior to any further action on the plat
request.
,
P&Z Staff Report
. Congress Industrial Service Center - Site Plan & Plat
Page 8
ALTERNATIVE ACTIONS:
1. Continue with direction and concurrence.
2. By separate motions; Recommend approval of the site
plan upon positive findings with respect to the Ten
Standards for Evaluating Site Development Plans
subject to conditions and recommend denial of the plat
as being inconsistent with the site plan.
3. By separate motions; Recommend approval of the site
plan upon positive findings with respect to the Ten
Standards for Evaluating Site Development Plans
subject to conditions and certify the final plat as
being consistent with the site plan with all plat
conditions to be addressed prior to city Commission
action.
RECOMMENDED ACTION:
By separate motions;
First Motion;
Recommend approval of the site plan for Congress Industrial
Service Center based upon positive findings pursuant to Section
173.867 II Ten Standard for Evaluating Site and Development
Plans" and subject to the following conditions:
1. Submittal of a revised site plan incorporating the
following:
a. A sidewalk along N.W. 18th Street.
b. A 5' ramp adjacent each handicap space. The 5' ramp is
in addition to the 12' handicap space.
c. Angling of the dumpster for easier access.
2 . Submittal of a revised landscape plan accommodating the
following:
a. Relocation of trees and hedging against both the
east and west elevations of the building.
b. A lighting plan on the landscape plan to verify no
conflicts are proposed.
,
P&Z Staff Report
. Congress Industrial Service Center - Site Plan & Plat
Page 9
Second motion;
Certify the final plat for Congress Industrial Service Center as
consistent with the site plan and subject to the following
conditions to be met prior to consideration by City Commission:
1. Submittal of a revised water and sewer plan accommodating
the following:
a. Provide sprinkler connection to building i.e. including
location of backflow preventer and fire service
connection.
b. Relocate water service to the most northwestern
extension of the water main.
c. Revised sewer profile to show a .30\ slope verses
a .42\ slope.
2. Submittal of revised Paving and Drainage plans accommodating
the following:
a. Provide standard parking detail for double striped
9x18 spaces.
b. Technical plat item comments No. 1 thru 6, contained
within this staff report.
3. Permits from HRS (sewer and water) and Palm Beach County
(Congress Avenue driveway).
4. Submittal of an abandonment request for 10' of the ingress
egress easement along N.W. 18th Avenue.
5. Submittal of certified cost estimates for all public utility
improvements as well as improvements to 1/2 of N.W. 18th
Avenue and sidewalk along the frontage. A bond equal to 110%
of the cost will be required.
6 . Revise the face of the plat to accommodate technical comments
No. 7 thru 14.
7 . Provide copies of the 35' easement deed and a copy of the
corrected deed for right-of-way taking along Congress
Avenue.
PD/#33/Congress
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERl~
SUBJECT: AGENDA ITEM # 4~ - MEETING OF OCTOBER 9, 1990
FINAL PLAT APPROVAL
DATE: October 5, 1990
We received a request for final plat approval for Wallace Square a
proposed three ( 3 ) lot single family home development to be located on
the south side of Thomas Street between Seabreeze and Andrews Avenue.
The proposed plat subdivides the existing 1.349 acre parcel into
three, 1/3 acre, lots. This subdivision, does not pose any
significant problems or issues. There is a need for water main
upgrading as well as a request from the applicant for waiver of the
sidewalk requirements.
The Planning and Zoning Board at their July 16th meeting recommended
certification of the final plat subject to conditions. Those
conditions have been satisfied and thus this item is before you for
action. In addition, they also recommended that the request for
waiver of the sidewalk requirements be approved. This action is
consistent with the Comprehensive Plan and the Future Land Use Map and
test. A detailed staff report is attached as backup material for this
item.
I
..
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: CHERYL LEVERETT, ADMINISTRATIVE ASSISTANT III
FROM: CQ~1~,0D~OR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF OCTOBER 9, 1990
CONSIDERATION OF FINAL PLAT FOR THE WALLACE SUBDIVISION
(Off Thomas Street)
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of a final subdivision plat (Wallace Subdivision).
This subdivision consists of three residential lots. The
zoning is R-1-AAA.
The proposed subdivision is located on the south side of
Thomas Street, east of Seabreeze in Ocean Breeze Estates.
BACKGROUND:
This subdivision, itself, does not pose any significant problems
or issues. There is a need for water main upgrading and
arrangements have been made to accommodate this need.
In a related issue, at one time~there was discussion about the
establishment of a croquet court/club on this property. The
subdivision of property is not related to the establishment of
such a use. While a croquet court can be constructed for use by
inhabitants of the principal use of a single family residence, it
cannot be used for "club" purposes without first having processed
and received approval for a conditional use.
Please refer to the staff report for a more complete description
of these items.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board reviewed this item, approved the
preliminary plat, and certified the final plat subject to
conditions. Those conditions have been satisfied and the plat is
ready for City Commission action.
.
City Commission Documentation
Meeting of October 9, 1990
Consideration of Final Plat for the Wallace Subdivision
Page 2
RECOMMENDED ACTION:
By motion, approve the final plat for the Wallace Subdivision.
Attachment:
* Cover sheet from the P&Z Staff Report
* Reduction of the final plat
DJK/#68/CCWALA.TXT
MICHAEL S. WEINER & ASSOCIATES, P .A.
A TTORNEYS A T LAW
The Gulfstream Building, Suite 407
11 n N.E. Eighth Street
Delray Beach, Florida 33483
MICHAEL S. WEINER Soul/1 Palm Beach County: (407) 265.2666
RANDEE J. GOLDER North Palm Beach County: (407) 736-5888
RANDI S. TOMPKINS Broward County: (305) 462-4935
Telecopier: (407) 272-6831
OF COUNSEL:
PETER J. MURRAY
September 26, 1990
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
Ms. Janet Meeks
Planning and zoning Department
City of Delray Beach
100 N. W. 1st Avenue
Delray Beach, FL 33444
Re: Final Plat for a Minor Subdivision; Wallace Square
Our File No.: WALW(S9)00S-1
Dear Janet:
It is my understanding that you now have in your possession the
HRS permit with respect to the above-captioned final plat.
Accordingly, it is my further understanding that all requirements
have been met. Therefore, please consider this letter a request
for this matter to be placed upon the consent agenda of the next
regularly scheduled City Commission Meeting, namely October 9,
1990. Unless I hear from you to the contrary, I will assume that
this will be the case.
MSw/mph
cc: City Clerk's Office
Mrs. Janet Wallace
c/o Mr. William Wallace
Mr. Digby Bridges
Carol Stanley, Esq.
::'LANN; I NG 8. ZON 1 NG BOARD ~ i: A '
_.. - - - STAFF '"'REPORT - - -
~ITY OF OELRAY BEACH
MEETING ~TE: JULY 16. 1990
AGeo=I ITEM: IV. D.
Ilr~: A FINAL PLAT FOR A MINOR SUBDIVISION (WALLACE SQUARE) FOR PROPERTY LOCATED OFF
THOMAS STREET IN OCEAN BREEZE ESTATES
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.
~ENERAL DATA:
Qwner...........................Janet L. Wallace
Agent. . . . . . . . . . . . . . . . . . . . . . . . . . . Same as above
Appllcant.......................Dlgby Bridges, Marsh and
Associates, Architects
Location........................South side of Thomas Street
between Seabreeze and Andrew
Avenue
Property Size...................l.J5 Acres
City Land Use Plan..............Resldentlal Low Density 0-5
Units/Acre
City Zoninq.....................R-1AA (SIngle Family Dwelling
District)
,
Adjacent Zonlng.................North, South, end West of the
subject property ere zoned R-lAA. .
East Is zoned RM-15 (Multiple 1
family Dwelling District) I
i
Existing Land Use...............Single family Home
Proposed Land Use...............Same as above
Water Servlce...................6.. ....ater main along Seabrep.ze
1\..~nue, 4" main c!!llong Thomag
Street, and a 10" main c!!llong
Andre....s Avenue
Se....er Service.................. .S" sanitary sewer along Seabreeu
1\venue wI th a connection on ~ '1"""1
ihom.. street , ~
I
ITEM BEFORE THE BOARD:
The action before the Board is that of approval of a preliminary
plat for Wallace Square Subdivision and certification of the
final plat as being consistent with the preliminary plat.
Pursuant to Section 172.60 of the subdivision code this plat is
considered a major subdivision requiring a pre-submission
conference (sketch plan) , preliminary plat and a final
subdivision plat. A pre-submission meeting has been held with
staff, and due to the simplicity of the plat, it appears
appropriate for the subdivision to be considered as a preliminary
plat and certified as a final plat at this time.
BACKGROUND:
The subject property consists of lots 36 and 37 of Ocean Breeze
Estates containing 1.349 acres and one existing house built in
1941. No additional land use history is available on this
property.
PROJECT DESCRIPTION:
The proposed plat subdivides the property into 3 lots
approximately 1/3rd of an acre each. A 50' foot street with a
cul-de-sac has been provided (Tract A) along the east side of the
property. Lots 2 and 3 have frontage on Tract A while the
existing house fronts Thomas Street. This property is zoned R-IAA
and bordered to the east by Townhomes and Apartments (RM-15) ,
single family residences to the south and west (R-lAA) , and by
Thomas Street to the north.
PLAT ANALYSIS:
Utilities:
Water and sewer mains exist in Thomas Street. The laterals will
be constructed in Tract A, and do not require any additional
easements.
Water Service:
Water service is provided via an existing 4" water main located
on the south side of Thomas street. Fire hydrants exist on the
corner of Seabreeze Avenue and Thomas Street and at the corner of
Andrews Avenue and Thomas Street. The existing hydrants meet the
P&Z Staff Report
I Wallace Square Plat
Page 2
code requirement for residential spacing (maximum 500' betweer
hydrants), but due to the configuration of this subdivision,
will not meet the intent of the code in that lots 2 and 3 are
more than 250'(323') from the nearest fire hydrant. However, due
to the size of the subdivision and the surrounding area, it is
appropriate not to require an additional hydrant specifically
for these two lots.
An existing 2" water main is located along the west property line.
The exact location of this main is not known but is presumed to
be located within a 5 ' utility easement provided on adjacent
property. Verification of this main location is required and
additional easement width from this property may be required.
Sewer Service:
Sewer service is provided via an 8" main located in Thomas
Street. The applicant is proposing a 6" lateral to be installed
within Tract A (Luke Lane) to service the 2 vacant lots. Sewer
service currently exist for the house on Lot I from Thomas
Street.
Drainage:
The proposed paving and drainage plans indicate that each
individual lot and roadway section (Tract A) will provide swales,
retaining all runoff on site. Around the perimeter of the site,
elevations vary as much as 2'-3' less than adjacent properties,
therefore a small retaining wall is necessary. A typical detail
has been provided and is to be installed around the perimeter of
lots 2 and 3.
Vehicular and Pedestrian Access:
The proposed plat shows direct access from Thomas Street, via
Tract A (Luke Lane) which is a 50' R.O.W., and 190' long to the
center of the cul-de-sac. Tract A provides access for Lots 2 and
3, while lot one will have direct access to Thomas Street.
Pursuant to Section 172.17 sidewalks are required on both sides
of Tract A and Thomas Street in front of Lot 1. The plan
indicates that a sidewalk is to be located on the west side of
Tract A and around the cul-de-sac. No sidewalk is proposed for
the east side of Tract A or on Thomas Street. A waiver is
required.
Pursuant to Section 172.17(A) the Planning and Zoning Board may
recommend waiving of sidewalks on one side if deemed not
necessary for pedestrian traffic. There are no existing
sidewalks on Thomas Street, and Applicant has requested in
writing that a waiver be granted (see attached).
P&Z Staff Report
Wallace Square Plat
Page 3
Street Lights:
One street light is proposed on the east property line and is
to be installed with the construction of Luke Lane.
Easements:
All proposed water and sewer lines are located in the R. O. W. ,
therefore not requiring any additional easements.
The Survey indicates an anchor encroachment on the west property
line for overhead power lines, an easement was provided.
A 5' utility easement is located adjacent to, but outside the
east and west property lines. Applicant has verified with FPL
that no additional easements are required.
Impact Fees:
Pursuant to Section 172.23 in single-family subdivisions, land
shall be dedicated for park and recreation purposes. Due to the
size of this subdivision it is appropriate to require an "in
lieu" paYment of $500.00 for each unit. This fee is to be
collected at the time of building permit issuance.
Other:
Single family subdivisions do not require tree surveys or tree
removal permits, however a site inspection was made and specimen
trees were identified on site. Though not required to relocate
this material by code the applicant has agreed to consider
existing material when locating homes and driveways.
Enqineerinq plat items:
1. Provide bond in amount of $26,572.70 for construction prior
to recording of final plat per Section 172.40.
2. Pursuant to Section 172.47 provide letter from FPL for cost
of street light.
3. Provide cul-de-sac construction detail, cub detail,S'
sidewalk detail per City Standard. Provide note that
sidewalk on lot 1 to be constructed as part of road
construction. Lots 2 and 3 shall construct sidewalk with
building permits.
Technical plat items:
1. Planting of street trees is required. The applicant
indicated that the required trees will be planted at 40'
spacing pursuant to Section 172.47 when the house layouts
are developed. This will avoid conflicts with driveway
entrance locations which have not been determined. I f the
P&Z Staff Report
Wallace Square Plat
Page 4
existing trees are saved or relocated, they can be used to
meet the requirements of the Street Tree Ordinance. Provide
note on plans.
Permits:
Prior to final plat recordation HRS permits for water and sewer
improvements are required.
ASSESSMENT:
The submittal is adequate to be approved as a preliminary plat
and certified as a final plat subject to conditions. All
outstanding conditions must be met prior to consideration of the
the final plat by City Commission.
ALTERNATIVE ACTIONS:
1. Continue with direction.
2. Recommend approval of the plat and certification of the
final plat subject to the conditions.
STAFF RECOMMENDATION:
By Separate Motions:
1- By motion, recommend approval of the preliminary plat and
certification of the final plat as being consistent with the
preliminary plat, subject to the following conditions:
a. Engineering Plat Items 1 through 3 be addressed.
b. Per Technical Plat Item 1, provide note on plans.
c. HRS permit required for water and sewer improvements
must be received prior to final approval by the City
Commission.
d. Verify location of 2" water main along west property
line.
2. By motion, recommend waiving of the sidewalk along Thomas
Street and along the east side of Tract A.
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407-278-1388
----- --.--.--- -'.-
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5 July 1990
City of Delray Beach
Attn: Hr. David Kovac
Planning Director
100 N. W. 1st Street
Delray Beach, FL 33444
Re: Wallace Square
Dear David:
On behalf of our client, we are seeking a waiver pursuant to
l72.l7(A) sidewalk of the city code.
We respectfully request that the Planning and Zoning Board grant
a waiver to the above named section and that the sidewalk be
constructed as shown on El.
For this sidewalk to be constructed on both sides of the proposed
new lane, would be absolutely out of place for the area. The
surrounding area has no sidewalks, this also applies to along
Thomas Street, which is lined with Royal Palms. We doubt if a
sidewalk could be put in place along Thomas Street.
Therefore we would like you to recommend that the sidewalk be put
in place as shown.
Kind regards,
Yours sincerely,
DIGBY BRIDGES, MARSH & ASSOCIATES, P.A.
~~
Digby Bridges, A.I.A., R.I.B.A., A.A. Dipl. Hons.
DB/jl
cc: ~,Villiam Luke
Bill Wallace
Michael Heiner
: ii. \J( J ;'. ,'" . . . 4 '\ ._~ .'. . f ;' ~ . " j I ;.~' . i i I .'r /. ;, . ~
, .,. . . ..
MICHAEL S. WEINER &. ASSOCIATES, P.A.
A TTORNEYS AT LAW
The Gulfstream Building. Suite 407
1177 N.E. Eighth Street
Delray Beach. Florida 33483
MICHAEL S. WEINER South Palm Beach County: (407) 265-2666
North Palm Beach County: (407) 736-5888
RANDEE J. GOLDER Broward County: (305) 462-4935
RANDI S. TOMPKINS Telecopier: (407) 272.6831
OF COUNSEL:
. PETER J. MURRAY
August 21, 1990
HAND DELIVERY
MS. Janet Meeks
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, Florida 33444
Re: A Final Plat for a Minor Subdivision (Wallace Square) for
property located off Thomas Street in Ocean Breeze Estates
OUr File No.: WALW(S9)00S-2
Dear Janet:
As you know, the above-captioned item was approved on July 16,
1990 subject to certain additional items to be completed. It is
my understanding that Mr. Digby Bridges has completed these
items.
There has been some discussion concerning the location of water
mains and an HRS permit. It is my understanding that Mr. Digby
Bridges has had the lines located and determined that no HRS
permit is required at this time.
Accordingly, I would appreciate it if you would consider this
matter for inclusion on the next agenda of the City Commission
meeting. I understand that the next meeting is August 28, 1990.
If for some reason this is not possible, would you please reach
Mr. Bridges or myself so that we may obtain a detailed list of
the outstanding items and address them.
It seems to be in the best interest of both the City and the
applicant to clear up as many of the "Old Rule" applications as
possible before the effective date of September 1, 1990 for the
Lan~eLopment Regulations. This is a motivating factor with
respe, tp' our request.
1 I .../
71 ~ru~1 ~~ur. '
I;"" \ (,i.\.,\ , .t\. ,'~l '
/ Michael S ~- Winer
/
MSW/mph
cc: Ms. Janet Wallace, c/o Mr. William wallace
Mr. Digby Bridges
City Clerk, City of Delray Beach, Florida
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~CITY MANAGER
SUBJECT: AGENDA ITEM # q ~- MEETING OF OCTOBER 9, 1990
SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL
BOARD OPERATING BUDGET
DATE: October 5, 1990
A+- their October 3rd meeting, the City Commission of Boynton Beach, by
a 4-1 vote, denied the modified budget for the SCRWTD Board. One of
the reasons cited for this action was that they did not agree with the
cost-of-living allowance being eliminated from the SCRWTD budget.
This item is now before you for discussion. A special meeting of the
SCRWTD Board has been scheduled for 5 p.m. on Tuesday, October 9th.
Should a consensus be reached at this meeting, Commission action to
ratify the budget should be taken.
.
,
CITY DF DELHAY BEA[H
" ','.' "'\h'~UE :);lR;:,'{ BEAC..., ~LORiDA 33444 407 !243~ 7 OOD
MEMORANDUM
TO: Honorable Mayor and City Commissioners
FROM:~ Robert A. Barcinski, Assistant City Manager
l Administrative Services
SUBJECT: AGENDA ITEM #~ REGULAR MEETING OCTOBER 9, 1990
ARCHITECT AGREEMENT/PUBLIC UTILITIES BUILDING RENOVATION
DATE: October 4, 1990
City Commission is requested to approve an agreement pending City
Attorney approval with Digby Bridges, Marsh and Associates, P.A. to
provide architectural services for the renovation of the Public
Utilities Building. The architect will provide all specifications and
drawings for bid, assist in the bidding process, and review and
process any change orders for payment. The amount of the contract
will not exceed $4,500. Funding is available in account
#441-5161-536-60.31. Scope of services to include interior design to
accommodate the relocation of the City Attorney's office and the
records retention area per Commission discussion at your last
workshop.
RAB:kwg
THE EFFORT ALWAYS MATTERS
.
T H.E A M E R 1 C A N 1 N S T 1 T U T E 0 F A R C H 1 T E C T S
I
' .
AlA Document B151
Abbreviated Form of Agreement
Between Owner and. Architect
for Construction Projects of Limited Scope
1987 EDITION
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH
AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION.
AGREEMENT
made as of the 3 day of October in the year of
Nineteen Hundred and Ninety
BETWEEN the Owner: City of Delray Beach
(Name and address) 100 N. W. lst Avenue
Delray Beach, FL 33444
and the Architect: Digby Bridges, Marsh & Associates, P.A.
(Name and address) 124 N. E. 5th Avenue
Delray Beach, FL 33483
For the following Project:
(Include detailed description 01 Project, location, address alld soope.)
Remodel existing Utilities Building
to Accommodate Relocation of
City Attorney.s Office and
Records Storage
The Owner and Architect agree as set forth below.
Copyright 1974, 1978, @1987 by The American Institute of Architects, 1135 New York Avenue, N.W., W2ShinRlOn, D.C. 20006.
Reproduction of the material herein or substantial qU012tion of lIS provisions without wrlllen permission of the AlA violates the
copyright laws of the United Stales and will be subject to 1cg2l prosecution.
AlA DOCUMENT 8151 . ABBREVIATED OWNER.ARCHITECT AGREEMENT. THIRD EDITION' AlA- . C) 1987 8151-1987 1
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006
-.'-
TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT
ARTICLE 1 2.4 CONSTRUCTION PHASE-ADMINiSTRATION
ARCHITECT'S RESPONSIBILITIES OF THE CONSTRUCTION CONTRACT
2.4.1 The Architecl'!I responsibility to proviue Basic Services
1.1 ARCHITECT'S SERVICES for the Construction Ph:l.~e unuer this Agreement commences
with the awaru of lhe Controlct for Construction and terminates
1.1.1 The Architect's services consist of those services per- at the earlier of issuance to the Owner of the Onal Certificate for
formcu by the Archilcct, Archilect's employees and Architect's l':lYlllent or 60 d:ays :lfter lhe date of Suhst:mtioal Completion of
consultmts as enumerated in Articles 2 :lOd 3 of this Agreement the Work, unless extenueu under the terms of Subparagraph
and my other services included in Article 12. 10.3.3.
1.1.2 The Architect's services shall be performed as expedi- 2.4.2 The Architect shall proviue administration of the Con-
tiously as is consistent with professional skill md care: md the tract for Construction as set forth below and in the edition of
orderly progress of the Work. AlA Document A20 i, General Conditions of the COlllract for
Construction, current as'of the date of this Agreemelll.
1.1.3 The services covered by this Agreement 2re subject to 2.4.3 Duties, responsibilities 2nd limitations of authority of the
the time limitations contained in Subp2ragraph 11.5.1. Architect shall not be restricted, modified or extended without
wrillen agreement of the Owner md Architect with consent of
the Contractor. which consent shall not be unreasonably
- withheld.
2.4.4 The Architect shall he a represematlve of and shall advise
and consult with the Owner (I) <luring construction ulllil final
ARTICLE 2 p:Jrmelll to the Contr:lCtor is due :and (2) :IS an Ad<lilional Ser-
vice at the Owner's direction from time to time during the cor-
SCOPE OF ARCHITECT'S BASIC SERVICES rection period described in the Contr:!ct for Construction.
2.1 DEFINITION 2.4.5 The Architcct shall visil rhe sile at inlerv:ll.~ appropriate
to the slaRe of construction or a.~ otherwise :Igreed by the
2.1.1. The Architect's Basic Services consist of those described Owner and Architect In writing to bccome gener:ally familiar
under the three phases identified below, my other services with the progress and quality of the Work completcd and to
identified in Article 12, md Include normal structural, mechani- delermine in l\ener:lllf lhe Work is being performeu in 2 man-
cal and electrical engineering services. ner indicalinR Ihat the Work when complcted will be in accor-
dance with the Contract Dtlcuments. Ifowever, the Architcct
2.2 DESIGN PHASE shall nOl be required to m:lke exhaustive or continuous on-site
Inspections to check lhe qU:Jlity or quantity of the Work. On
2.2.1 The Architect shall review with lhe Owner 2lternative the b;L~is of on-site obserVations as an architect, the Architect
approaches to design md construction of the Project. shall keep the Owner informed of the progress and quality of
2.2.2 Based on the mutually 2greed.upon program, schedule the Work, and sh:J1I enueavor to ~uard the Owner against
defects and dclkiencies in the Wl~rk, (Morl! I!xll!l/Sil'e sill!
:Jnd construction budget requirements, the Architect shall n'j1n'sl'I/IClliuI/ IIICl)' IJl! ClJ/n'l'cllu ClS all AcJcJ,liulwl Serl'ie/!, us
prepare, for :lpproval by the Owner, Design Documents con- cJescnbed ill Parawtlj11J 3,2.)
slsting of drawings md other documents :.appropriate for the
Project, and shall submit to the Owner 2 preliminary estimau: of 2.4.6 The Architect shall not have control over or charge of
Construction Cost. and shall not be responsible for construction means, methods,
2.3 CONSTRUCTION DOCUMENTS PHASE techniques, sequences or procedures, or ror safety precautions
:lnd prn~rams in connection with the Work, since these are
2.3.1 Based on the approved Design Documents, the Architect solely the Contr;lctor's responsihility under the Contract for
Constructiun. The Architect shall not be responsible for the
shall prepare, for approval by the Owner, Construction Docu- Contractor's schedules or failure 10 (;lfry out the Work in
ments consisting of Drawings md Specifications selling forth in accordance with the COlllr;;ct Documents. The Architect shall
detail the requirements for the construction of the Project and not h:lve control over or. charge of aCls or omis,~ions of the
shall advise Ihe Owner of any adjustments to previous Contr:lClOr. Subl'olllr:lt'lor,~, or Iheir :Igcnls or employees, or of
preliminary estinlates of Construction Cost. :Iny olher pc:rsons perfurming ponions of the Work.
2.3.2 The Archilect shall 2Ssist the Owner in connection with 2.4.7 The Architect shall at all times have access to the Work
the Owner's responsibility for tiling documents required for wherever it is in preparation or progress.
the approval of governmental authorities having jurisdiction
o\'er the Project. 2.4.8 lI;lsed on the Archilect's ohserv:llions ;ll1d evaluations of
2.3.3 Unless provided in Article 12, the Archilect, following the Contractor's Applications (or ('aymenl, the Architc:ct shall
the Owner's approval of the Construction Documents and of review and certify the amounts due the Conlraclor.
the latest preliminary estimate of Construction Cost, shall assist 2.4.9 The Architect's certiOcation for p:lymelll shall constilUle
the Owner in obtaining bids or negoti:Jted propos:Jls and assist a rcprescnl:Jtion to the Owner, h:L~ed on the Architect's obser-
in awarding md preparing contracts for construction. vations :It the site:lS provitleu in Subpar:lgr:lph 2.4.5 :Uld on the
AlA DOCUMENT 81S1 . AUUREVIATED QWNER.ARCllITECT AGREEMENT' THIRD EDITION' AIA-' . @19K7 B151-1987 2
THE I>MERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE. N.W.. WASHINGTON. D.C. 200UU
----
,
dau comprising the COnlraClOr's Application for Payment, that they sh:ill be paid for by lhe Owner as provided In lhls Agree-
the Work has progressed to lhe point Indicated and lhat, to lhe menl. Such Addltlonal Services sh:ill include, In addition to
best of the Architect's knowledge, information and belief, those dc:scribed in Paragraphs 3.2 and 3.3, budget analysis,
quality of the Work is in accordance with lhe COnlract Docu- rmanclaJ fC2.Sibility studles: planning surveys, environrnenul
ments. The issuance of a Certificate for Payment sh:ill not be a studles, mC2.Sured drawings of existing conditions, coordina-
represenution that lhe Architect has (1) made exhaustive or tlon of sepante COnlractors or Independent consultants, coor-
COnlinuous on-site inspections to check the quality or quantity dlnation of construction or prolect managers, detailed Con-
of the Work, (2) reviewed construction means, methods, tech- struction Cost estimates, quantily surveys, Interior design, plan-
niques, sequences or procedures, (3) reviewed copies of requi- nJng of tenant or renuJ spaces, lnvenlories of materials or
sitions received from Subcontractors and material suppliers and equipmenl, prepantion of record drawings, and any other ser-
other data requested by the Owner to substantiate the COnlrac- vices not otherwise included in this Agreement under Basic Ser-
tor's right to payment or (4) ascertained how or for what pur- vices or not customarUy furnished in accordance whh generally
pose lhe Contractor has used money previously paid on accepted architectural practice.
account of lhe Contract Swn. 3.2 If more extensive representation at lhe site than ls
2.4.10 The Architect shall have aulhority to reject Work which described In Subparagraph 2.4.5 Is required, such additional
does not conform to the Contract Documents and will have prolect representation shaU be provided and paid for as set
authority to require additional inspection or testing of lhe forth in Articles II and 12.
Work whenever, In the Architect's reasonable opinion, it Is 3.3 As an Additional Service In connection wllh Change
necessary or advisable for the Irnplemenutlon of the Intent of Orders and Construction Change Directives, the Architect shall
the Contract Docwnents. prepare Drawings, Specifications and other documentation and
2.4.11 The Architect sh:ill review and approve or take other data, evaluate Contractor's proposals, and provide any other
appropriate action upon Contractor's submiltals such as Shop services made necessary by such Change Orders and Construc-
Drawings, Product Data and Samples, but oo.ly for the limited tion Change Directives.
purpose of checking for conformance with information given
and the design concept expressed In the Contract Documents.
The Architect's action shall be taken with such reasonable
promptness as to cause no delay. The Archilect's approval of a
specific item shall not Indicate approval of an assembly of
which the item is a component. When professional certification
of performance characteristics of materials, systems or equip- ARTICLE 4
ment Is required by the COntract Documents, the Architect OWNER'S RESPONSIBILITIES
sh:ill be entitled to rely upon such certification to establish that
the materials, systems or equipment will meet the performance 4.1 The Owner shall provide full Information, Including a pro-
criteria required by the Contract Docwnents. gram which shall set forth the Owner's objectives, schedule,
. . constraints, budget with reasonable contingencies, and criteria.
struclion Change Directives, wilh supporting doc tat Ion
and dlla if authorized or confirmed In writl the Owner as 4.2 The Owner shall furnish surveys describing physical char-
provided In Paragraphs 3.1 and 3.3 1e Owner's approval acteristics, legal limitations and utility locations for the site of
and execution in accordanc the Contnct Documents, the Project, a written lc14al description of the site and the ser-
and may authorize m' anges In the Work not involving an vices of geotechnical engineers or Olher consultants when such
adjustment in ontract Swn or an extension of the Contract services are requested by the Architecl.
are not inconsistent with the intent of the Contnct 4.3 The Owner shall furnish structural, mechanical, chemical,
See Article 12 air and water pollution tests, tests for hazardous materials, and
2.4.13 The Architect shall conduct Inspections to determine Other laboratory and envlronmenlal tests, inspections and
the dates of Substantial Completion and final completion and reports required by law or the Contract Documents.
shall issue a fmal Certificate for Payment. 4.4 The Owner shall furnish all legal, accounting and insurance
. 2.4.14 The Architect shall Interpret and decide mailers con- counseling services :IS may be necessary at my time for the
cerning performance of the Owner and' Contractor under the Project, including :ludilin14 services the Owner may require to
requirements of the Contract Documents on wrillen request of verify the COl1tt:lCIOr'S Applic:nions for P:lymelll or tu ascert:un
either the Owner or Contractor. The Architect's response to how or for what purposes the Contractor has used the money
such requests shall be made with reasonable promptness and paid by the Owner.
within any time limits agreed upon. When making such inter- 4.5 The foregoing services, information, surveys and reports
pretations and initial decisions, the Architect shall endeavor to shall be furnished at the Owner's expense, and the Architect
secure faithful performance by both Owner and Contractor, shall be entitled to rely upon the ;lccuracy and completeness
shall not show partiality to either, and shall not be liable for thereof.
. results of Interpretations or decisions so rendered In good faith.
4.6 Prompt wrillen notice shall be given by the Owner 10 the
Architect if the Owner becomes :Iw:lCe of :lny f:lull or defect in
ARTICLE 3 the Project or nonconformance with the Contract Documents.
ADDITIONAL SERVICES 4.7 The proposed l:mgu:lge of certific:ltes ur certificalions
requested of the Architect ur Architect's consult:ln!s shall be
3.1 Additional Services shall be provided if authorized or con- submit led to the Architect fur review and approv;J at least 14
firmed in writing by the Owner or if included in Article 12, and days priur to executiun.
AlA DOCUMENT 8151 . AUUREVIATED OWNER.ARCIlITECT AGREEMENT. TIIIRD EDITION. AlA'" . @19H7
3 8151-1987 THE AMERICAN INSTITUTE OF ARCHITECTS, I73S NEW YORK AVENUE, N.W.. WASIIINGTON. D.C. 20006
.
ARTICLE 5 ARTICLE 6
CONSTRUCTION COST USE OF ARCHlTECT'S DRAWlNGS,
5.1 DEFINITION SPECIFICATIONS AND OTHER DOCUMENTS
5.1.1 The Construclion Cost shall be the tOlal cost or esti- 6.1 The Drawings, Specifications and other ducuments pre-
mated cost to the Owner of all clements of the Project designed pared by the Architect for this Projcct are instruments of the
Archilect's service for use solely with respect to this Project.
or specified by the Architect. and the Architect shall be deemed the author of these ducu-
5.1.2 The Construction Cost shall include 'the cost at current ments and shall telain all common 1:IW, statulOry and other'
market rates of labor and materials furnished by the Owner and reserved rights, including the copyright. The Owner shall be
equipment designed, specified, selected or specially provided permitted to retain copies, incluuinR reproducihle copies, of
for by the Architect, plus a reasonahle :l1lowance for the Cun- Ihe Archilcc-t's Drawin~.~, Spedlk:llions :lOd olher documl'nts
tractor's overheau and prulit. In audition, a reasonable allow- fur information amJ rderence in conncctioll wilh thc Owncr's
ance for contingencies 5hall be included for market conditions use .and occupancy of the Project. The Architcct's Dr:nving.s,
al Ihe time of bidding and for changes in the Work during Specificalions or other documenls shall nm be used by the
construction. Owner or others on other projects, for addilion5 10 this Project
. or for completion of this Project hy others, unless the Archih:ct
5.1.3 Con5truction Cost docs not incluue thc compensation of is aujudHcu to be in ddault undcr this ^Hrcemcllt, excepl by
the t\rchitect and Architect's consull:lIlts, the c05t5 of the lanu, alo\rccment in writing and with appropriate compensation to the
rights-of-way, financing or other costs which are the re5pon' Architect.
5ibility of the Owner as provided in Article 4, 6,2 Suhmission or distribution of documenls to meet omcial
5.2 RESPONSIBILITY FOR CONSTRUCTION COST regulatory requirements or fur similar purposes in connection
5.2.1 It is recognized that neither the Architect nor the Owner with the Project is not to be construed as publicatiun in deroga-
has control over the C05t of labor, material5 or equipment, over tion of the Archilect's reserved rights.
the Contr.Jctor's methods of uetermining bid prices, or over
competitive bidding, market or negotiating conditions. Accord.
ingly, the Architect cannot and does not warrant or represent ARTICLE 7
that bids or negotiated prices will not vary from any estimate of ARBllRA liON
Construction Cost or evaluation prepared or agreed to by the
Architect. 7.1 Claims, uispules (lr othcr mailers in qlll:slilln between the
5.2.2 No fixcd limit of Construction Cost shall be established panies to this Agreement arising out of or rclatillK to this ^gfl:C-
as a condition of this Agrcement by the furnishing, propusal or ment or breach thereof shall be sublcCllO and decided by arbi-
establishment of a Project budgct, unless a fixed limit has heen \ration In accordance with the Construction Industry Arhitr.J-
. agreed upon in writing and signed hy the parties hereto. Fixed tlon Kules uf the AllIerican Arbilr:ltion Assllcfation currently in
limits, if any, shall be increasedln the :unounl of :1Jllncrease in effect unless lhe panics mutually :Igree otherwise. No arhilrJ-
the Contract Sum occurring after execution of the Contract for tion arising out of or rel:lling tOlhis AHreement shall include, hy
Construction. consolid:llion, joinder or in any other manner, :Ul additional
. 5.2.3 Any Project budget or fixed limit of Construction Cost person \If entity not a p:\rt)' to this Aweelllent, excepl hy writ-
ten consent cOIll:1ininH :\ specific n:h:renn: to this Agreement
may be adjusted to renect changes in the generallevclof prices signed hy the Owner, Architect, :lIld :1Il}' othcr person or entity
in the construction industry between the: dale of submis.~ion of sought to be joined. Consent. \() arnitration involving an addi.
the Construction Documents to the Owner and the date on tional person or entity 5h:11I not constitutc consent tu arbitra.
which proposals are sought, tion of any claim, disputc or other m:llter in qucstion not
5.2.4 If a fixed limit of Construction Cost is exceeded by the desl'ribed in the wrillen consen\. The foreHoinH a/o\reemel1l to
lowest bona fide bid or negotiated proposal, the Owner sh:lll: arhilrate and mher a/o\rcements to arbitrate with an additional
pcrson or cOlily dul)' consented to by the p:lrlie5 \() this AWL'C-
.1 give wrinen approval of an Increase in such fixed ment shall be specilk:\lly enforceahle in accoruance with appli-
limit: cahle law in any court having jurisuictlun thereor.
.2 authorize rebidding or renegotiating of the Project 7.2 In no event shalllhc dem:lI1d ror :Irhilr:ltioll be madc :Ifter
within a reasonable time: the date when Institution of IcHal or equitahle proceedinl/.s
.3 if the Project is abandoned, terminate in accordance based on such claim, disputc or olher m:lller in question wuuld
with Paragraph 8.3: or be barred by the applicable st:llutes or limitations.
.4 cooperate in revising the Project scope and quality as 7.3 The award rendered hy lhe :lrhitr:lIllf or arhitralors sh:tll hc
required to reduce the Construction C05t, l1nal, al1<.I ju<.lWllent ma)' be enlcre<.l upon it ill accordance ~...ith
5.2.5 If the Owner chooses to proceed under Clause 5.2.4.4, applicable law in any cuurt having jurisdiction then:ur.
the Architect, without additionaJ charge, shall modify the Con-
tract Documents as necessary to comply with the fixed limit, if
established as a condition of this Agreement. The modificatiun ARTICLE 8
of Contract Documents shall be lhe limit of the Architect'S
responsibility arising out or the establishment of a fIXed limit. TERMINATION, SUSPENSION OR ABANDONMENT
The Architect shall be entitled to compensation in accordance
with this Agreement for all services performed whether or not 8.1 This ^Hreement may he terminated hy dlher part)' upon
the Construction Phase is commenced. not less than seven <.l;tys' wlillen notice should the other pan)'
AlA DOCUMENT 6151 . AIlIlRF.VIATF.D OWNf.R.ARCIIITECT A<.jREF.M~NT' TIIIRI> F.()IT10N. AlA" . IE) 1')H7 8151-1987 4
THE AMERICAN INSTITUTE OF ARCHITECTS, \H5 NEW YORK AVENUE. N.W., WASIIIN<.jTON, L>.<;. lllUu6
_.___ __'r
.
.
. .
. . .
f;tij subslmti:iJ.ly 10 perform in accordmce with Ihe terms of this dilions oC the Conle:act Cor Construction. current as of the d:lle
A~ree~ent through n~. fault of the p:uty initiating the ter- of lhis Agreement. The Owner and Archilecl e:ach shall requite
nUl:luon. similar w;tivers froan their contractors, consullalllS :lIuJ agents.
8.2 If the Project Is suspended by the Owner for more thm 30 9.5 The Owner md ArchllecI, respecllvely, bind themselves..
consecutive days, the Architect sh;ill be compens:lled Cor ser- their parlners, successors, assigns md legal represenlatlves 10
vices performed prior to notice of such suspension. When the the olher p:aCly to Ihls Agreement :lIld to the p:lrlners, suc-
. Project is resumed, the Architect's compensation shall be equit. eessors, assigns :lIld legal represelll:ulves of such OIlier party
:lbly :ldjusl<:d 10 provide for expenses incurred In the Inlerrup- with respecl 10 ;ill covenmts of Ihis Agreement. Nellher Owner
lion ana resumption of the Architect's services. nor Archilect sh:aJI assign this Agreement wilhout the wriuen
8.3 This Agreement may be lermlnated by the' Owner upon consent of the other.
not less thm seven days' wriuen notice to the Archilectln the 9.6 This Agreement represents Ihe ellllre md Inlegr:lled :agree-
event th:lt the Projecl is permmently :lbmdoned. If the Project mem between the Owner :lIld Archllect :md supersedes :all
is :lb:mdoned by Ihe Owner for more th:m 90 conseculive <l2ys, prior negotiations, represent:ltions or :lgreements, either writ-
the Architect may terminate this Agreement by giving wrillen len or oral. This Agreement m:lY be :mlended only by wriuen
notice. Instrument signed by both Owner md Nchitect.
.
B.4 F:ailure of the Owner to make paymcnls to the Architect In 9.7 Nothing cont:tined In this Agreement shall cre:lte a COnl1'2C-
accordmce with this Agreement sh211 be considered substmti2J tu21 relationship with or a cause oC action In Cavor oC a thin!
nonperformmce md cause for termination. p2fty ag:tinst either the Owner or Architect.
8.5 If tne Owner C:ails to m2ke payment when due the Nehi. 9.B The Architect wd Architect's consuhwts shall h:lve no
teet for services md expenses, the Architect m:lY, upon seven responsibility for the discovery, presence, handling, removal or
days' wrillen notice to the Owner, suspend performmce ofser- dispos21 of or exposure of persons to h:l1~rdous m:lIeri21s in
vices under this Agreement. Unless paymem 1h fuU is received wy form at the Project site, Including but 110t limiled to
by the Architect within seven days of the d:lle of the nOllce, the asbestos, asbestos products, polyc!l1orinated bipheny1lPCU) or
suspension sh2.LIt2ke effect without fUClher notice. In the event other toxic substmces.
of a suspension of services, the Archllect sh211 have no liability
to the Owner for delay or da.m:age caused the Owner bec:ause
of such suspension of services.
8.6 In the event of termin:alion not the r:ault of the Archllect,
the Architect sh:aJl be compensated for services performed prior ARTICLE 10
to termination, together with Reimbursable Expenses then due PAYMENTS TO THE ARCHITECT
md 2.LI'Termination Expenses.
. 7 Ter~in:ation Expenses are In addlllon to compens:atlon ror 10.1 DIRECT PERSONNEL EXPENSE
Uasic md Additional Services, and Include el,(penses which 2fe 10.1.1 DirecI Personnel Expense Is defined as the direcl
directly allributable to termination. salaries of the Architect's personnel engaged on the Project md
the portion of the COSl of their mmd:alory :lIld custOmary con.
tributions md benefits rel:ated .thereto. such as employmenl
t:LXes wd other statutory employee benefils, Insurmce, sick
ARTICLE 9 leave, holidays, vacations, pensions wd sinlil:ar contribullons
MISCELLANEOUS PROVISIONS and benefits.
10.2 REIMBURSABLE EXPENSES
9.1 Unless olherwise provided, this Agreement sh211 be gov. 10.2.1 Heil1lbursable Expenses Include expenses incurred by
erned by the law of the principal place of business of the the Archilect in the interesl of the ProjecI for:
Archilect.
9.2 Terms in Ihis Agreement shall have the s:une memlng :IS .1 expense of tran~port~lion and living expenses In con-
. ncclion with out.of-town travel authorized by Ihe
those in AlA Document A20 I, Gener:il Condillons of the Con. Owner;
tracl for Conslruction, current :IS or the date or I~is Agreement. .2 long-dist:ance communic:alions;
9.3. Causes of action between the p:lrties to this Agreement .3 fees paid for securiol; :Ipproval of :authorities having
pert:a.ining to acts or failures 10 aCI shall be deemed 10 have jurisdiction over the Project;
accrued and the :lpplicablc slatutes of limilations sh:ill com. .4 reproductions;
mence to run not bter thw either the d:ate of Substanli:al Com. .5 post:age and handling of Drawings and Specllicalion.s:
plelion for acts or f:ailures to act occurrl~g prior to Substwtial .6 . expense of overtime work requiring higher th:an regu.
Completion, or the date of issuance of Ihe final Certific:ate f~r
P:lyment for acts or f:l.i1ures to :act occurring after Substwu:il J:ar r:ates, if authorized by .the Owner;
Complc;tion. .7 renderings and models requesled by Ihe Owner;
.8 expense of :additional Insurance coverage or limils,
9.4 The Owner and Archilect w:a.ive all rights. against e:lcll Including proCession:u liability Insurmce, re4~esled
other md ag2inst the contr:lctors, consultal1ls, agents wd by the Owner in excess of Ih:at normally c:lHlcd by
employees of the other for d:unages, but only to the extent the Architect :md Archilect's consullants; :and
covered by properlY insurance during conslruction, except .9 expense of computer.~ided design :and uraCling equif}"
such rights as Ihey may have to the proceeds of such lnsur:u1ce me 111 time when used in conneclion wilh the Project.
as s.et COelh in the edition of AlA Document A2Ul, Gener:al Con.
AlA DOCUMENT 8151 . AUUllf.VIATEl> OWI'IER.MCIIITU;T AGRHMlIH .1111I1U WITIO~' AlA- . @19R7
5 8151-1987 TilE AMERICAN II'ISTITUTE OF ARCIIln:CTS, Ins NEW YOIlK AVEfoIUE. N.W., WASlllfolG10fol, D.C_ 2lJ(Ju6
.
10.3 PAYMENTS ON ACCOUNT. OF BASIC SERVICES forth in Subpar:lgr:lph 11.2.2. b:zsed on (I) the lowest boru fide
10.3.1 An Inillal payment :zs set fonh In P:U:lgr;lph : ' bid or negoti:lted proposal. or (2) If no such bid or proposal Is
received. the most recent prelllllln:lry estlm;ue of Construction
minimum payment under this Agreement. Cost or del2iled estimate of, ConstructJon Cost for such por-
10.3.2 Subsequent payments for B:zsic Services shall be made tlons of the Project.
monthly and, where applicable, shall be In proportion to ser- 10.4 PA YMENTS ON ACCOUNT OF ADDITIONAL
vices performed within each ph:zse of service. SERVICES AND REIMBURSABLE EXPENSES
10.3.3 If and to the extent that the time Initially established In 10.4.1 Payments on account of the Architect's Addlllonal Ser-
Subpar:lgraph 11.5.1 of thls Agreement ls exceeded or ex-
tended through no fault of the Architect, compensation for any vices and (or Relmburs:able Expenses shall be made monthly
services rendered during the additional period o( time shall be upon presentation o( the Architect's statement o( services
computed in the manner set (orth in Subp:u:agraph 11.3.2. rendered or expenses incurred.
10.3.4 When compensation Is based on a percentage of Con- 10.5 PAYMENTS WITHHELD
structlon Cost and any portions of the Project are deleted or
otherwise not constructed, compensation for those ponions of 10.5.1 No deductions shaU be made (rom the Architect's com-
the Project shall be payable to the extent services are per- pensation on account of sums withheld from payments to
formed on those ponions, In accordance with the schedule set contl'2ctors.
- ARTICLE 11
BASIS OF COMPENSATION
The Owner shall compensate the Architect :zs follows;
11.1 AN INITlALPAYMENT OF Dollars (S )
shall be m:lde upon execution or this Agreement and credited to the Owner's account at fUlal p:lyment.
11.2 BASIC COMPENSA liON Forty Five Hundred Dollars ($4,500.00) Maximum upset price
11.2.1 fOR BASIC SERVICES, :zs described In'Article 2, and any other services included In Article 12 as part of B:zslc Services, B:zslc
Compens:ltion shall be computed :zs follows:
(1lUm basis 01 compmsalion, I"dudi"llslipulalrd sums, mullipln or perur'kJges. alld itkr"ify pbtues 10 u-bieb par/ieu/ar ",rlbods.of COIIlpt'llUIlion apply, if IJICGIQry.J
To be billed at an hourly rate up to maximum upset price of $4,500.00
Hourly rates:
Administration $90.00 per hour
Design $50.00 per hour
Draftsman $40.00 per hour
Secretarial $30.00 per hour
11.2.2 Where compens:ltlon Is b:zsed on a stipulated sum or percentage of Construction Cost, progress payments for B:zsic Services
In c::zch ph:zse shall 10t:U Ihe following percenl:lgcs of the total Basic Compensation payable:
(1lIsrrl addiliollal pbasrs as apprvprlal~.)
N/A
Design Ph:zse: percent ( %)
Construction Documents Ph:zse: percent ( %)
Construction Ph:zse: percent ( %)
Tot:u B:zslc Compens:llion: one hundred percent (100%)
AlA DOCUMENT 8151 . ABIlREVIATED OWNER.ARCHITECT AGREEMENT. THIRD EDITION. AlA- . @19117 . 8151-1987 6
THE AMERICAN INSTITUTE OF ARCHITECTS. In5 NEW YORK AVENUE, N.W., WASIIINGTON. D.C. 20006
~
11.3 COMPENSATION FOR ADDITIONAL SERVICES,
11.3.1 FOR PHOJECT REPRESENTATION BEYOND BASIC SERVICES, as described In Par:Jgr:Jph 3.2, compens;ulon shall be
compUled as foUows: .
N/A
11.3.2 FOR ADDITIONAL SERVICES OF THE ARCHITECT provided under Article 3 or Identified in Article 12, compensation shall
be computed as foUows:
(IIIS"' basis 01 compmsat/on, includi"S rain a"dlor m,dUfllrs 01 DirKI Pl!no.mrl Ex(H!'rur lor Principals and m1p1oy<<s, and Idmlify PriPKlpals and dassify
rmpioyers, if rrquirrd. Idmlify specific srrt/icrs 10 wbieb parlicuiar mrlbods 01 comprrualion apply, if necrU4ry.)
-
N/A
11.3.3 FOR ADDITIONAL SERVICES OF CONSULTANTS, Including addition21 structur21, mech2l11c21 2l1d electrical engineering ser-
vices and those provided under Article 3 or Identified In Article 12 as part of Additional Services, a multiple or
( ) times the amounts billed to the ArchJtect for such services.
(Idmlify specific Iypn 01 consul/anlS In Art/d, 12, if nquirrd.)
11.4 REIMBURSABLE EXPENSES
11.4.1 FOR REIMBURSABLE EXPENSES, as described in P2r.lgraph 10.2, and:my other Items Included In Article 12 as Reimbursable
Expenses, a multiple of One Poi nt One ( 1.1 ) times the expenses Incurred by the Architect, the
Architect's employees :md consult:mts in the interest of the Project.
11.5 ADDITIONAL PROVISIONS
11.5.1 IF THE BASIC SERVICES covered by this Agreement have not been completed within
( ) months of the date hereof, through no fault of the ArchJtect, extension or the Architect's services beyond that time shall
be compensated as provided in Subparagraphs 10.3.3 :md 11.3.2.
11.5.2 p~menlSare due :mdl!ayble forty-fi ve (45) days from the date of the Architect's invoice. Amounts
unpaid 0 rty- f; ve ( 5 days after Invoice date sh2l1 bear Interest from the date paymentls due at the rolle entered
below, or In the absence thereof, at the lc:g21 rate prevailing from time to time at the principal place of business of the Architect.
(lns"' any ralr 01 inl"rSI as/'ftd upon.)
(Usury laws and rrqulrnnmrs und" Ihr Frd(!ral Trulh In Lrndl"R ACI. similar slalr arId local co...tIlmw crrdlllnll'S and olhw r~R"lnt/o'u alllJr Olllt/W'S and Archl.
leel's prinCIpal plaers 01 bwl"ru. Ihr IOGtJlion ollbr PrOjrel and rls"",hcrr may n[[CClllJr validlly olllJis pro,.lsion. SpecifiC Irsai ad/lier should br oblalnrd wilb
rrsprello .'rllons or modiflealions. and also rrsarding rrquirrmrllls such as wrillm diScJosurn or _iurn.)
11.5.3 The rates :md multiples set ,forth for Additional Services shall be, annuaUy adjusted in accord:mce with normal salary review
practices of the Architect.
AlA DOCUMENT 8151 . ABBREVIATED OWNER.ARCHITECT AGREEMEm' "THIRD EDITION" AlAe" @1987 8151-1987 7
THE AMERICAN INSTITUTE Of ARCHITECTS. 1735 NEW YORK AVENUE, N.W.. WASHINGTON, D.C. 20006
" .
ARTICLE 12
OTHER CONDITIONS OR SERVICES
(Insrrl d,s,rjpliolll 01 alhr. un,jetl, Idrnllfy Addi/ional S.n'I,.. Includ.d u:llblll Basic Ccmp~ual/Oll alld modiflUll/oIU. loll,. paym'"1 alld comp"ua,I01l """1
1IIc1..d.d '" Ibu AsrcemnJl.)
12.1 Architect to sup~ly structural engineer to prepare all structural drawings
and specifications.
l2.2 Architect to supply mechanical engineer to prepare all plumbing, electrical,
air condi~ioning drawings including Energy Code Calculations.
12.3 The Contractor will issue Certificates for Payment.
12.4 The Architect is to review all change orders prepared by the Contractor prior
to the Owner's approval and executing, and shall have authority to order minor
changes in the work not involving an adjustment in the Contract Sum or an
extension of the Contract Time.
12.5 Mode of payment w~ll be on a monthly basis and will be billed in accordance with
hourly rates set out below. Not to exceed $4,500.00 maxium upset price.
Administration $90.00 per hour
Design $50.00 per hour
Draftsman $40.00 per hour
Secretarial $30.00 per hour
Exclusions
Any work to exterior parking
Interior Design
Fibre optic design layout to other City Buildings
Anywork to exterior paving area, landscaping, irrigation and fencing
.
ThIs Agreement entered into as of the day and year first written above.! II
OWNER. W~
(Signa lure) / ~
Thomas E. Lynch, Mayor Vic President
(Printed name and IiI/e)
AlA DOCUMENT BI 51 . ADBREVlATED OWNER.ARCllITECT AGREEMEl'IT' THIRD EDITION' AlAe · @1987 8151.1987 8
THE AMERlCMl INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASIUNGTON, D.C. 20006
. . .
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM:~CITY MANAGER
SUBJECT: AGENDA ITEM # 9c; - MEETING OF OCTOBER 9, 1990
APPOINTMENTS TO THE BOARD OF CONSTRUCTION APPEALS
DATE: October 5, 1990
This two appointments were deferred from your August 28th meeting, at
wr~ch time we had not received applications from qualified general
Gontractors. These appointments are for one and two years. According
to the rotation system used to reconstitute this Board, those
appointments belong to Seat 2 (one year term) and the Mayor (two year
term). In addition, these appointments are necessary in order to
establish a quorum for this Board. We received applications from:
Scott Atkinson and Dominick Sarlo.
Recommend appointment of a general contractor to a one year term and
appointment of a general contractor to a two year term on the Board of
Construction Appeals.
.
MEMORANDUM
TO: David T. Harden, City Manager
THRU: Alison MacGregor-Harty, City Clerk
FROM: Anita Barba, Board Secretary
SUBJECT: APPOINTMENTS OF GENERAL CONTRACTORS TO THE BOARD
OF CONSTRUCTION APPEALS
DATE: October 3, 1990
On August 28, 1990, some appointments were made to the reconstituted
Board of Construction Appeals. The appointments of the general
contractors were deferred along with other appointments to the Board.
We are presently in the process of recruiting interested persons for
the other vacant positions. These appointments will be placed on the
Commission Agenda when the applications have been received.
The following general contractors have submitted their names and
resumes for consideration and are attached: Scott Atkinson and
Dominick Sarlo.
According to the Land Development Regulations, adopted on September
25, 1990, states the following: liThe composition of the Board shall
be as follows: two (2) general contractors; one (1) master plumber;
one (1) architect; one (1) master electrician; one (1) air
conditioning contractor; one (1) sign contractor; one (1) real estate
broker or insurance agent; and one (1) professional engineer.
In order to qualify for membership, "A member shall either be a
resident of or own property in the city/and or own a business within
the City. Additional qualifications may be established for individual
boards. II
The deferred appointments would be made by Jay Alperin, (Seat 112) and
by Mayor Thomas Lynch, (Seat 115) per the attached memorandum dated
August 21, 1990.
nsbca.txt
, - -
MEMORANDUM
TO: David T. Harden, City Manager
. THRU: Susan O'Brien, Assistant City Clerk !&
FROM: Anita Barba, Board Secretary
SUBJECT: APPOINTMENTS TO THE BOARD OF CONSTRUCTION APPEALS
DATE: August 21, 1990
Concurrent with the adoption of the Land Development Regulations
Ordinance (No. 25-90), The Board of Construction Appeals will be
dissolved. Subsequently, new members will be appointed to reconstitute
this Board.
The members currently serving on this board and their expiration terms
are as follows: Deane Ellis (1-8-91), William F. Koch III (1-8-91),
Richard Oldham (1-8-91), Richard Sheremeta (1-8-91), Robert G. Currie
(2-13-92), Samuel DeOto (4-11-92) and Jay Felner (4-11-92).
Mr. Koch, Mr. Oldham, Mr. DeOto and Mr. FeIner would like to be
considered for reappointment. Mr. Ellis and Mr. Currie do not wish to
be reappointed. Mr. Sheremeta has not responded.
The following person has also submitted his name for consideration:
John G. Baccari. His application is attached.
The Board shall consist of nine (9) members. "The composition of the
Board shall be as follows: two (2) general contractors; one (1) master
plumber; one (1) architect; one (1) master electrician; one (1) air
conditioning contractor; one (1) sign contractor; one (1) real estate -
broker or insurance agent; and one (1) professional engineer.1t
In order to qualify for membership, itA member shall either be a resident -
of or own property in the city/and or own a business within the City.
Additional qualifications may be established for individual boards."
The suggested order of appointment is as follows:
Seat #2 - one (1) year term for General Contractor
Seat #3 - one (1) year term for Master Plumber
Seat #4 - one (1) year term for Architect
Seat #5 - two (2) year term for General Contractor
Seat #1 - two (2) year term for Master Electrician
Seat #2 - two (2) year term for Air Conditioning Contractor
Seat #3 - two (2) year term for Sign Contractor
Seat #4 - two (2) year term for Real Estate Broker or Insurance
Seat #5 - two (2) year term for Professional Engineer
nbca.txt
. :J. J -go
CITY OF DELRAY BEACH fJ/- q-
BOARD MEMBER APPLICATION
NAME Scott Atkinson
lS02 Highland Lane Delray Beach, Florida 33444
HOME ADDRESS (Screet, City, Zip Code) (LEGAL RESIDENCE)
Srlmp- rlS above
PRINCIPAL BUSINESS ADDRESS (Street, City, Zip Code)
HOME PHONE 276-8349 BUSINESS PHONE 278-2835
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING Construction Appeals.
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates)
None
EDUCATIONAL QUALIFICATIONS B.S. Dearee in Industrial Construction
Manaaement. A.S. Deqree in Construction
Technoloqy. (see resume)
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD
General Contractors Licenses # CGC040330
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, &~D POSITION Atkinson
Construction Services Inc. (President)
DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS
BOARD
I have worked in and around Delray Beach for seven years
and feel I have qood understandinq of the local and state
buildinq codes.
PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA-
TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE.
-4ik/~~ 9-K)-9(J
DATE
4/90
SCOTT ATKINSON
.
1502 Highland Lane
Delray Beach, Florida 33444
(407) 276-8349
Licensed General Contractor - State of Florida
EDUCATION..: Bachelor of Science Degre~
Colorado State University, Fort Collins, Colorado
Major: Industrial Construction Management
Graduation: Hay 1984
Associate of Science Degree
Santa Rosa Junior College, Santa Rosa, California
Major: Construction Technology
Award: North Coast Builders Exchange Scholarship
COURSES OF SPECIALITY
Estimating Management Materials Engineering
Scheduling Labor Relations Computers in Construction
EXPERIENCE:
Present President and Owner
Atkinson Construction Services Inc.
Commercial construction in Palm Beach County.
1986 - 1987 Project Manager and Chief Estimator
Walker/Gregory Construction Co.
Various construction projects in Boca Raton and Delray
Beach. All completed within schedule and budget.
1985 - 1986 Project Engineer, Buyout, contracts, and change orders.
Stratton of Florida, (110 Tower), West Palm Beach, Florida
1984 - 1985 Project Engineer, Estimating, scheduling and cost control.
Haynes Siegfried Construction Co., Delray Beach, Florida
Summer 1981 Office Engineering, payroll, daily reports
Bigge Power Contractors, saint Lucie Nuclear Power Plant
Unit Two Hutchinson Island, Florida
1979 - 1984 Union Ironwork and related field experience
Ironworkers Local 86/various construction companies in the
Seattle, Washington area.
PERSONAL: Interests: Boating, fishing and golfing.
REFERENCES: Available upon request.
CITY OF DELRAY BEACH I
i
BOARD ~EMBER APPLICATION I
. .
NA:1E Dominick Sarlo
3335 La~eshore Drive. . Deerfield Beach, FL 33442
~OME ADDRESS (Street, City, Zip Code) (LEGAL RESIDENCE)
2115 S. Ocean Blvd.. Delrav Beach. FL 33444
PRINCIPAL BUSINESS ADDRESS (Street. City. Zip Code)
HOME PHONE (305) 428-0337 BUSINESS PHONE (407) 274-0830
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING
Construction Board of Appeals
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please incrude dates)
None
EDUCATIONAL QUALIFICATIONS
LIST A~Y RELATED PROFESSIONAL CERTIFICATIONS &~D LICENSES ~{ICH YOU HOLD
State of Florida General Contractor Since 1980
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER. ~~D POSITION
Spiri t Developnent Corp. President, Secretary & Treasurer
DESCRIBE EXPERIENCES. SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS
BOARD
r~ve been in the Construction & Development Business for 12 years;
involved in all aspects of the Business for an additional 3 years.
PLEASE ATTACH A BRIEF RESUME.
(
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE. AND I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA-
TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINT}tENT I ~~Y RECEIVE.
'~-,y~<< ;/ h~)-I?()
SIGNATURE ' / I>ATE
4/90
DOMINICK C. SARLO
FLORIDA LICENSED GENERAL COHTRACTOR
License 'CGC 016708 - since 1980
EXPERIENCE: Development, Site Work and Design Planner;
Project Manager; Construction Superintendent; General Sales
Coordinator; Custom Home Designer.
PRESIDENT 1988-Present
spirit Development Corp.
Boca Raton, FL
VICE-PRESIDENT/PROJECT MANAGER 1986-1987
Five star Homes,
General D~velopment
M i am i , FL
General Contractor and sole qualifier for StarLight Cove, a
350 home, single family comuunity. Responsible for all
financin9, development and Gonstructicn. Closed 102 units in
12 months.
VICE-PRESIDENT 1985-1986
Weitzer Co~munities
Kendall, Florida
Director of all development and construction for: 450
concrete form villas at Moon Lake; 324 single family homes at
River Run; 434 zero lot line homes at Encore; 264 custom
homes at Panache.
CUSTOM HOME, DESIGUER/BUILDBR 1980-1985
Boca Woods Country Club
Boca Raton, Florida
Designed exterior and interior of over 30 custom homes in the
$275,000 - $400,000 price range; constructed same fl)r
individu31 buyers; controlled all contracts and financing for
buyers; supervised construction.
CUSTOM H()ME, DESIGUER/BUILDBR 1982-1984
Wellingt::m
West pal:n rteach, Florida
Develope:i, supervised and controlled all site work and
construction of 93 Patio HOJaes and Townhomes in the $95,000-
$$170,000 price range; controlled all contracts for sub-
contractors and buyers.
VICE PRESIDENT/COORDINATOR 1982-1984
Boca Raton, Florida
controlled/owned 30% interest of a 40,000 square foot office
building and a 24,000 square foot strip store center.
CUSTOM HOME, DESIGNER/BUILDER 1919-1982
Watersjde and Parks ide Developments
Boca Raton, Florida
Constn:.cted and assisted in design an.d planning for all of
the am~nitie[;, sales models, offices and recreation
buildir~gs ; assisted developer in overall project planning,
site work and unit design.
CUSTOM HOME, DESIGNER/BUILDER 1979-1982
Boca DE!l Mar Country Club and
Tropic Isle Developments
Delray Beach, Florida
Design~d and constructed 30 homes and duplexes.
.
OWNE R/E;U I LDE It 1974-1979
Clear Pool Company
Boca Raton, Florida
Owner /EiUilder of swimming pools, as well as maintenance and
opera.tion of same for individual homes and commercial
establishments.
PROJgC']' MANAGER 1969-1974
Four SE~aSOI1S
Franklin parl~, Illinois
On site improvements; oversaw all construction and scheduling
for bot.h cOJntlercial proj ects and custom homes.
PRIOR EXPERIENCE: Employed in various phases of the building
industry in the Chicago area.
Overall: Union journeyman carpenter. Supervisor of works
for major office building construction. Marketing programs
for development home sales. Condominium developnle:nt and
sales. Job costing, scheduling and overall construction,
financing and customer relations.
(
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER9'lv'l
SUBJECT: AGENDA ITEM # IDA - MEETING OF OCTOBER 9, 1990
ORDINANCE # 41-90 SANITATION RATES
DATE: September 21, 1990
This is a second reading of an Ordinance amending the Code of
Ordinances to provide for revised sanitation customer charges.
Residential collection rates have been increased by 4.6%, the CPI per
contract, and the disposal fee has been eliminated due to the Solid
Waste Authority assessment fee. The residential equivalent fee of $.75
per unit has been eliminated for all residential type services.
Commercial collection rates have increased by 4.6%, the CPI per
contract requirements, and disposal fees have also increased to $83.50
per ton for commercial dumpsters per the Solid Waste Authority proposed
budget.
Recommend approval of Ordinance No. 41-90.
,',
- .--..-- --. ----.-...
- ORDINANCE NO. 41-90
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING TITLE V, "PUBLIC
WORKS", CHAPTER 51, "GARBAGE AND TRASH", OF THE CODE
OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY
AMENDING "RATES AND CHARGES", SECTION 51.70, "REGULAR
CHARGES LEVIED", TO PROVIDE FOR DECREASED GARBAGE AND
TRASH SERVICE CHARGES AND FEES FOR RESIDENTIAL
SERVICE; AND TO PROVIDE FOR INCREASED GARBAGE AND
TRASH SERVICE CHARGES AND FEES FOR COMMERCIAL SERVICE;
AND TO PROVIDE FOR FEES FOR BOTH RESIDENTIAL AND
COMMERCIAL CUSTOMERS FOR RECYCLING SERVICE; PROVIDING
A GENERAL REPEALER CLAUSEr PROVIDING A SAVING CLAUSEr
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 Title V, "Public Works", Chapter 51, "Garbage
and Trash", "Rates and Charges", Section 51.70, "Regular Charges
Levied", of the Code of Ordinances of the City of Delray Beach, Florida,
be, and the same is hereby amended to read as follows:
Sec. 51-70 REGULAR CHARGES LEVIED.
The following service charges or fees are levied for garbage
and trash service:
(A) Charges for the below-described garbage and trash pickup
service shall be as follows and shall commence when a
certificate of occupancy is issued for any residential or
commercial units, and shall continue monthly thereafter
unless service is discontinued in accordance with Section
51-72:
(1) For those customers receiving Type A, roll-out cart
service, the service charge shall be 'Ut1.7 $12.01
per month for garbage and trash pickup. However, the
levy for "Tropic Palms and Palms of Delray" (known as
Type F) shall be '11"1 $9.44 per month for garbage
and trash pickup.
(2) For those customers receiving Type B, rear-door/side-
door service, the service charge shall be U~i~~
$10.13 per month for garbage and trash pickup.
However, the levy for the area bordered by N.W. 22nd
Street on the north, Old Dixie Highway on the east,
Lake Ida Road on the south and N.E. 2nd Avenue on the
west (known as Type G) shall be $12.71 per month for
garbage and trash pickup.
(3) For those customers receiving Type C, curbside,
garbage and household trash in disposable containers
service, the service charge shall be ~t2'9' $4.19 per
month for garbage and household trash pickup:----
(4) For those customers receiving Type D, curbside in
owner's container (or for those customers who, by
reason of disability, as certified by a doctor and
previously approved by the city, are unable to place
refuse containers on the street, and whose collection
by the city or its contractor is thus pursuant to the
Type B, rear-door/side-door service), the service
charge shall be '16'J6 $8.08 per month for garbage
and trash pickup. And the levy for the area bordered
by S.W. 10th Street on the north, Federal Highway on
the east, Linton Boulevard on the south and 1-95 on
the west, (known as Type H) shall be $10.65 per month
for garbage and trash pickup.
---~-, -_..~_. -...- . .---------._--~-_._--.._-- --.---- -------------.--.
--- --- --
NOTE: Re sidential customers shall be assessed a
UiU $1.88 per unit charge for recycling service
(included in rates set forth above) . The effective
date for Type G and Type H rates will be January 1,
1991.
(B) Mechanical containers and commercial refuse container
service.
(1) For customers receiving Type E, mechanical containers
and commercial refuse container service, the service
charge shall be based upon the following for such
garbage and trash services:
Container Residential Commercial
Size Monthly Monthly
( Square Pickups Container Container
Yard) Per Week Charge Charge
(Collection (Collection
Charge Only) and Disposal
Charge)
2 1 $ 28 $/1/'$1. $ 66
3 1 39 74 95
4 1 48 U 123
6 1 66 111 180
8 1 if2 111 23:
2 2 56 I (1"J 132
3 2 IT IU 191
4 2 95 IfJ~ 247
6 2 fIT 1.7, 360
8 2 163 ~U 466
2 3 84 U4 198
3 3 116 21.2 286
4 3 143 2~' 370
6 3 198 H2 540
8 3 245 'S1~ 700
2 4 112 2'1' 264
3 4 154 2fJ' 382
4 4 190 J~~ 494
6 4 264 '19 719
8 4 326 1'11 933
2 5 140 2'11 329
3 5 193 n~ 477
4 5 238 47' 618
6 5 331 '~1 899
8 5 407 SU 1166
2 6 168 3'19 3'95
3 6 TIT 444 573
4 6 286 '$7~ 741
6 6 397 S24 1079
8 6 489 l'1n 1399
( 2) Multiple-family dwelling units containing five units
or more shall use containers emptied by mechanical
means, except as otherwise approved by the city
because of lack of suitable space for a mechanical
container or other good reason.
( 3) Commercial customers shall use mechanical containers
and commercial refuse container service (Type E).
Commercial customers shall include, but not be
limi ted to, all office buildings, stores, filling
stations, service establishments, light industry,
~ -~-"- . .
-- _.__.-.._~- -- --- -- --- -------
---~-_._...--_.--- ------.
schools, churches, clubs, lodges, motels, laundries,
hotels, public buildings, food service, and lodging
establishments. Commercial customers may use any of
the following containers for accumulation of refuse:
(a) Commercial refuse container s. The city shall
require any commercial customer needing more
than six refuse containers to use mechanical
containers, if feasible.
(b) Mechanical containers.
(4) The owners/operators of commercial establishments and
other commercial customers shall accumulate such
refuse in those locations mutually agreed upon by the
owner/operator and the city or its contractors, and
which are convenient for collection by the city or
its contractors.
(5) Containers emptied by mechanical means shall be
provided by the city. or its contractors. These
containers s ha 11 be emptied on a schedule mutually
agreed upon by the customer and the city or its
contractors, but not less than one day a week nor
more than six days a week. Maintenance of that
container shall be as set forth in this chapter;
howeve r , the city's contractors shall not impose any
separate or additional charges to customers or to the
city for the rental or routine/regular maintenance of
such containers that may be performed by the city's
contractors.
(6) Commercial customers needing less than six refuse
containers, and those approved for this type of
service by the city in advance because they lack a
suitable location for a mechanical container shall
also be serviced at least once per week. All garbage
and commercial trash shall be collected from such
refuse containers at locations agreed to between the
city or its contractors and the customer.
(C) The charges set forth above for me~hanical containers and
commercial refuse container service (Type E) shall accrue
and be payable on the total capacity of the container
whether or not it is full. Containers of the type and
size designated by the city or provided by the city's
contractors shall be used. Where more than one user is
serviced by one container, the monthly charges shall be
levied to each customer by dividing the total monthly cost
by the number of customers using that container; however,
in no event shall the monthly service charge be less than
$Jt/p~t/t~tt~~~t $28 for residential dumpster service and
$66 for commercial dumpster service. The term "CUSTOMER "
as employed herein . any person using the service or to
~s
whom the service is available. Even if the customer is
different from the person who is actually billed for or
pays for the service, the minimum monthly charge referred
to above shall be calculated as to each customer.
(0) Commercial Rates For Recycling:
HAULING CHARGES 2-CU YO 3-CU YO 4-CU YO 6-CU YO 8-CU YO
IX PER WEEK SVC ~.!J U f> 1.J U UitJ0 U~i~0 Uf>iU
44.97 64.85 82.63 119.24 152.71
I
.. . ,
,
--- -. "- -"-------.---" ----- ---- .~-- . --- -.~
u .. ________
NOTE: Rates are stated in terms of monthly service charges,
and Waste Management will invoice the City for services as well
as provide the City with a detailed list of commercial
recycling customers and containers. Waste Management will
provide 2-cubic yards of container space for each thirty ( 30)
dwelling units located in condominium or apartment complexe s.
Waste Management will determine appropriate container sizes in
cooperation with the owners/operators of the condominiums and
apartments. Recycled mixed paper will be collected once each
week.
Section 2. That all ordinances or parts of ordinances which
are 'in conflict herewith are hereby repealed.
Section 3. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validi ty of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 4. That this ordinance shall become effective
immediately upon its passage on second and final reading, and the
changes set forth herein shall be applicable to all bills rendered on or
after October 1, 1990.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1990.
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
. . ;
.
~rom the <:;De"k 01 . . .
JAN LYNN WILLIAMS
e~~-
~ :uv J7Iv
fu:a, ~ fn tiL
~rq~
~ ct ~ OJ hoW-J:;1:L
O~ ~ w---
~
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~ESIDENT IAL: PROPOSED BILLING RATE STRUCTURE
TYPE A TYPE B TYPE C TYPE D TYPE F TYFE G. TYPE HH
COLLECTION: ----------------------------------------------------------------------------------------
CPI CURRENT S5.09 $5.71 S1. 23 $3.87 S5.09 S5.71 $3.87
4.b01. INCREASE $0.23 SO.26 SO.06 SO.18 SO.23 SO.26 SO.18
----------------------------------------------------------------------------------------
S5.32 S5.97 S1.29 $4.05 S5.32 $5.97 H.05
DISPOSAL:
CURRENT $7.80 S7.80 S7.80 S7.80 $7.80 NIt! N/A
DECREASE ($7.80) ($7.801 (S7.80) ($7.80) ($7.BO)
TO BE BILLED ON TAX NOTICES
----------------------------------------------------------------------------------------
SO.OO SO.OO $0.00 SO.OO SO.OO SO.OO $0.00
RECYCLING:
CPI CURRENT S1. 80 S1. 80 S1. eo S1. 80 $1. 80 $1.80 $1, eo
4.60% INCREASE SO.08 SO.08 $0.08 SO.08 SO.08 SO.08 $0.08
----------------------------------------------------------------------------------------
-- $1. BB $1.88
S1. B8 $1.B8 $1.88 $1.1:3 B S1.88
BULK TRASH:
CPI CURRENT $3.55 $1. 25 $0.42 S1. 25 $1. 25 Expansion of
4.60% INCREASE SO.16 $0.06 $0.02 $0.06 SO.06 Service Areas
----------------------------------------------------------------------------------------
$3.71 $1.31 $0.44 $1.31 S1.31 $3.71 $3.71
----------------------------------------------------------------------------------------
$10.92 S9.16 S3.61 $7.24 $8.51 $11.57 $9.64
----------------------------------------------------------------------------------------
ADM. FEE SO.33 SO.33 $0.33 SO.33 $0.33 SO.33 $0.33
RES EGUIV SO.OO SO.OO $0.00 $').00 $0.00 $0.00 $0.00
OVERHEAD(lXI $0.76 $0.64 SO.25 SO.51 $0.60 SO.B1 SO.67
----------------------------------------------------------------------------------------
RATE REQUIREMENT $12.01 $10.13 $4.19 S8.08 $9.44 $12.71 $10.65
PRESENT RATE $19.27 $18.33 $12.96 $1 b. 36 $17.67 NIII NIII
. Type .G' represents an expanded service area of Type 'B" pick-ups
to include the area bordered by N.W. 22nd st. on the north,
Federal Hwy. on the east, Lake Ida Rd. on the south, and
1-95 on the west. Difference is in the Bulk Trash charge.
.. Type "H" represents and ex paned service area of Type "A" pick-ups
to include the area bordered by S.W. 10th St. on the north,
Federal Hwy. on the east, Linton Blvd. on the south, and
1-95 on the west. Difference is in the Bull Trash charge.
,
,J. .. ~-\-~~ .
~
(
ORDINANCE NO. 41-90
I AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING TITLE V, "PUBLIC
WORKS", CHAPTER 51, "GARBAGE AND TRASH", OF THE CODE
OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY
AMENDING "RATES AND CHARGES", SECTION 51.70, "REGULAR
CHARGES LEVIED", TO PROVIDE FOR DECREASED GARBAGE AND
TRASH SERVICE CHARGES AND FEES; AND TO PROVIDE FOR
FEES FOR BOTH RESIDENTIAL AND COMMERCIAL CUSTOMERS FOR
RECYCLING SERVICE; 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 Title V, "Public Works", Chapter 51, "Garbage
.- and Trash", "Rates and Charges", Section 51.70, "Regular Charges
Levied", of the Code of Ordinances of the City of Delray Beach, Florida,
be, and the same is hereby amended to read as follows:
- Sec. 51-70 REGULAR CHARGES LEVIED.
The following service charges or fees are levied for garbage
and trash service:
(A) Charges for the below-described garbage and trash pickup
service shall be as follows and shall commence when a
certificate of occupancy is issued for any residential or
commercial units, and shall continue monthly thereafter
unless service is discontinued in accordance with Section
- 51-72:
. * f\nd.-th.e I~Uj {Or ~ a("(1~ (1) For those customers receiving Type A, roll-out cart
boY"d.-tr~d ht. S.W. lO~ st. on service, the service charge shal.l be ~H/.1-7 $12.01
-, I L.. per month for garbage and trash plckup. However, the
-t-he y101"'"tY\ F~c1-lraA nw"(. art. levy for "Tropic Palms and Palms of Delray" (known as
-t1\e 'Cc<st i-t...J-.. .0.1 ...I oYl-U_- Type F) sha,ll be 'nUl $9.44 per month for garbage
~ I 'nUll V V~. I~ and trash plckup.~
I J\e SOtbth DA1e! :r: 'IS- CfYJ ,
. I~_ I ( (2) For those customers receiving Type B, rear-door/slde-
.ne. \A)es-f Kt'lowo a ~ door service, the service charge shall be U8/.H
~ pe. if) ShtU.l be. $I~.IDS $10.13 per month for garbage and trash pickup. *if-
r).p .......A.Lt_ c, ~a ba4'(... (3) For those customers recel vlng Type C, curbside,
t' - r (Y\u '4"n \DY" r garbage and household trash in disposable containers
~ -rrttsh Ole. -u..r" service, the service charge shall be UlH6 $4.19 per
, month for garbage and household trash pickup.
*f" ., ~ . - ,ut"'" -the. l-ev -fOr (4) For those cus,tomers receiving Type D, curbside in
't'1VW(.~ / '~ owner's contalner (or for those customers who, by
--t'ht'"' area.. boy-cl~("{'d by reason of disability, as certified by a doctor and
t\ previously approved by the city. are unable to place
?LD ol. cst ()1\ -t1'\~ DM-YlJ refuse containers on the street, and whose collection
j)\'LI~ -- ~..~~ Cn'\ 111~ el:(s.t;) by the city or its contractor is thus pursuant to the
."..,N ~~ll~ ~ ~A .LIt... Type B, rear-door/side-door service), the service
t1""" ..b . O'Yl,,,e ~Ir" charge shall be $1.6116 $8.08 per month for garbage
~1E:2A" d. tiY\ -t-h~ W~~ and trash piCkup.
- L~O\O() 'tS ---ry~ G-)
'ShaLt be. "$ !12.i' r~
Ml5Ittn -fuLl"' Barb'l~-e
Mld.. ~~h 1i rlC-~-u..p .
r .
.
,
( =-
::-
I
I
1 NOTE: Residential customers shall be assessed
#' a
I UJ~y, $1.88 per unit charge for recycling service
l, (included in rates set forth above). ~
-rn~ d.Q:.c.~ ~ (B) Mechanical containers and commercial refuse container
~r -r~ G-tMjd, service.
'jt'-!, hdes If' \\ (1) For customers receiving Type E, mechanical containers
and commercial refuse container service, the service
VJ-e ~t.l'U'L1 \) IRt:t I. charge shall be based upon the following for such
garbage and trash services:
Container Residential Commercial
Size Monthly Monthly
(Square Pickups Container Container
Yard) Per Week Charqe Charge
(Collection (Collection
.- Charge Only) and Disposal
,- Charge)
2 1 $ 28 $/ 1/$2 $ 66
-' 3 1 39 74 95
4 1 IT u 123
6 1 66 117 180
- 8 1 82 171 233
2 2 56 HI], 132
3 2 77 14S 191
4 2 95 l'1fJ 247
6 2 112 27'J 360
8 2 163 ]'H 466
2 3 84 1'J4 198
-- 3 3 lIT 212 286
4 3 143 2U 370
- 6 3 198 H2 540
8 3 245 'HfJ 700
2 4 112 leu, 264
3 4 154 2'1" 382
4 4 190 JifJ 494
6 4 264 H9 719
8 4 326 71J7 933
2 5 140 7.'17 329
3 5 193 J7fJ 477
4 5 238 47'J 618
6 5 331 "i7 899
8 5 407 SH 1166
2 6 168 JIJ9 395
3 6 231 H4 573
4 6 286 'J7fJ 741
6 6 397 S14 1079
8 6 489 IIJU 1399
(2) Multiple-family dwelling units containing five units
or more shall use containers emptied, by mechanical
means, except as otherwise approved by the city
because of lack of suitable space for a mechanical
container or other good reason.
(3) Commercial customers shall use mechanical containers
and commercial refuse container service (Type E) .
I Commercial customers shall include, but be
not
i Umi ted to, all office buildings, stores, filling
i stations, service establishments, light industry,
1. schools, churches, clubs, lodges, motels, laundries,
" hotels, public buildings, food service, and lodging
I.
, establishments. Commercial customers may use any of
"
I' the following containers for accumulation of refuse:
Ii -2- Ord. No. 41-90
.
:
II (aJ C_ercial refu'e containers. The city ,hall
!. require any commercial customer needing more
!' than six refuse containers to use mechanical
:' containers, if feasible.
(b) Mechanical containers.
(4) The owners/operators of commercial establishments and
other commercial customers shall accumulate such
refuse in those locations mutually agreed upon by the
owner/operator and the city or its contractors, and
which are convenient for collection by the city or
its contractors.
(5) Containers emptied by mechanical means shall be
provided by the city or its contractors. These I
containers shall be emptied on a schedule mutually I
agreed upon by the customer and the city or its '
.- contractors, but not less than one day a week nor I
,-, more than six days a week. Maintenance of that
container shall be as set forth in this chapter;
however, the city's contractors shall not impose any
~ separate or additional charges to customers or to the
city for the rental or routine/regular maintenance of
such containers that may be performed by the city's
- contractors.
(6) Commercial customers needing less than six refuse
containers, and those approved for this type of
service by the city in advance because they lack a
sui table location for a mechanical container shall
also be serviced at least once per week. All garbage
-- and commercial trash shall be collected from such
refuse containers at locations agreed to between the
city or its contractors and the customer.
(C) The charges set forth above for mechanical containers and
commercial refuse container service (Type E) shall accrue
and be payable on the total capacity of the container
whether or not it is full. Containers of the type and
size designated by the city or provided by the city's
contractors shall be used. Where more than one user is
serv iced by one container, the monthly charges shall be
levied to each customer by dividing the total monthly cost
by the number of customers using that container; however,
in no event shall the monthly service charge be less than
$$l/pet/t~tt~~~t $28 for residential dumpster service and
$66 for commercial dumpster service. The term RCUSTOMER"
as employed herein is any person using the service or to
whom the service is available. Even if the customer is
different from the person who is actually billed for or
pays for the service, the minimum monthly charge referred
to above shall be calculated as to each customer.
(0) Commercial Rates For Recycling:
HAULING CHARGES 2-CU YO 3-CU YO 4-CU YO 6-CU YO 8-CO YO
IX PER WEEK SVC ~~J~~ 6~J~~ 7'J~0 Xl~J~0 1~6J00
44.97 64.85 82.63 119.24 152.71
;
.,
I
.
!i
j:
I:
"
r -3- Ord. No. 41-90
I'
iI
.
. . .
=
=
NOTE: Rates are stated in terms of monthly service charges,
and Waste Management will invoice the City for services as well
as provide the City with a detailed list of commercial
recycling customers and containers. Waste Management will I
provide 2-cubic yards of container space for each thirty (30)
dwelling units located in condominium or apartment complexes. I
Waste Management will determine appropriate container sizes in I
cooperation with the owners/operators of the condominiums and i
,
apartments. Recycled mixed paper will be collected once each
week. i
Section 2. That all ordinances or parts of ordinances which
are in conflict herewith are hereby repealed.
Section 3. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
-- whole or part thereof other than the part declared to be invalid.
"
Section 4. That this ordinance shall become effective
- immediately upon its passage on second and final reading, and the i
changes set forth herein shall be applicable to all bills rendered on or i
after October l, 1990.
-
PASSED AND ADOPTED in regular session on second and final ;
I
reading on this the day of , 1990.
- MAY 0 R i
:
ATTEST:
!
I City Clerk
First Reading
,
I Second Reading
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-4- Ord. No. 41-90 !
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ..57v1
AGENDA ITEM # Il)~
SUBJECT: - MEETING OF OCTOBER 9, 1990
WAIVER OF THE SIGN CODE
DATE: October 5, 1990
We received a request for waiver to the Sign Code to permit Mount
Olive Baptist Church to erect a 32 square foot monument sign within
-che setback. The Code provides that the size of signs permitted for
religious institutions are based upon the lineal footage of the
property. This proposed sign exceeds that allowed for Mount Olive by
10 square feet. Additionally, the Code requires that signs within the
setback be restricted to a maximum of 20 square feet.
The Community Appearance Board at their August 22nd meeting
recommended that Mount Olive reduce their sign to either 24 square
feet or 28 square feet. Staff has reviewed this request and is
recommending favorable action as this proposed sign is non-impacting.
Recommend approval of the request for waiver of the Sign Code from
Mount Olive Baptist Church.
MEMORANDUM
TO: DAVID HARDEN - CITY MANAGER
FROM: LULA BUTLER - DIRECTOR, COMMUNITY IMPROVEMENT
SUBJECT: SIGN CODE WAIVER FOR MT. OLIVE BAPTIST CHURCH
DATE: SEPTEMBER 25, 1990
BACKGROUND
Mt. Olive Baptist Church, 40 N.W. 4th Avenue, is requesting a waiver to Sec.
162.039 (B) (1) , which requires the size of a religious institution free
standing sign be based on the lineal footage of the property. Based on
these calculations the sign may not exceed 22.5 square feet and proposed
sign is 32 sq. ft.
A waiver is also asked to Sec. 162.055(B)(2) which requires the sign size be
reduced to 20 square feet, if sign is placed within the 10 foot setback.
The proposed sign is setback 8' on NW 1st Street and 13' on N.W. 4th Ave.
The placement has been favorably reviewed by Engineering.
CAB recommended 8/22/90 that the sign size be reduced to either 3' x 8" (24
sq. ft.) or 4' x 7' (28 sq. ft.).
Mt. Olive desires a sign 8' x 4' (32 sq. ft.), which is larger than the sign
code and CAB recommendation. The sign height will not exceed 7 foot.
RECOMMENDATION
Staff is recommending the Commission approve Mt. Olive Baptist Church's
32 square foot sign variance request as the structure is nonimpacting.
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O'BRIEN, SUITER & O'BRIEN, INC.
LAND SURVEYORS - ENGINEERS - LAND PLANNERS I
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WORSHIP 1 0:45AM TUES. 7:00PM
REV. LENARD C. JOHNSON, Pastor
WITNESS
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J. U. STEWART CORPORATION
DESIGN
DO NOT DUl'UCAlW
SKETCH NO. 5581
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IHNUTES - Community Appearance Board Heeting
August 22, 1990
Page 6
. . businesses. The "Wicker Outlet" will be painted in a peach color on
fabric. Mr. Marsh moved to approve as submitted for the awning and the
awning sign. Seconded by Hr. Smith with the vote as follows:
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Hark Marsh Yes
Jess Sowards Yes
Richard Eckerle Yes
Jim Smith Yes
William Wilsher Yes
It was noted the CAB sign application was not in the package.
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<"" .,., 16. liT. OLIVE BAPTIST CHURCH 90-7199
I 40 N.W. 4TH AVENUE . .-"" ..... --
MT. OLIVE -____ "_r
1 FREE-STANDING-SIGN (COMMISSION WAIVER REQ'D)
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Represented by Mathis Hunt. A waiver is needed for the setback for the
monument sign. A variance is needed for 2'. The sign cannot be higher
than 7'. Mr. Marsh stated there is a problem with the size of the actual
sign panel. The sign is 4' but needs to be in compliance. The sign
needs to be smaller but in proportion. The sign can be )' by 8' or 4' by
7' but in proportion to the panel. Hr. Smith moved to approve the sign
at 3' by 8' or 4' by 7', monument, or adjusted in proportion and approve
the variance for the setback. Seconded by Hr. Eckerle with the vote as
follows:
Jess Sowards Yes
Hark Marsh Yes
Richard Eckerle Yes
Jim Smith Yes -
William Wilsher Yes
Hr. Sowards steps down and leaves room.
17. COSTCO 90-7285; 90-7286
500 LINTON BLVD.
CAPITOL SIGNS
2 FLAT WALL SIGNS (COMMISSION WAIVER REQ'D).
Represented by Ed Freeny, General Hanager of Costco. The applicants
wanted a larger sign on the east elevation. The code allows a sign of
160' but the applicants are requesting a sign which is twice the size
allowed by code. The members felt the sign was out of proportion; huge
and in a red color. Hr. Wilsher felt the sign appeared to be cramped in
the space provided. The sign is painted and vill be illuminated. The
members stated the sign will need to be maintained. Raised lettering,
internally illumin~ted were suggested. The applicants felt they needed
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STAFF ANALYSIS FOR CAB SIGN REVIEW
BUSINESS NAME rJ:nt. rO~~./ ~6. (lht!~~
SQUARE FEET ALLOWED c:2 ~. '-~
SQUARE FEET USED ~3J9J
SET-BACK (FEET) ,
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~CITY MANAGER
SUBJECT: AGENDA ITEM #/~~ - MEETING OF OCTOBER 9, 1990
ORDINANCE NO. 48-90
DATE: October 5, 1990
This is a first reading of an Ordinance amending the Code of
Orllnances by repealing Section 92.32 "Dockage Agreement" and enacting
a new Section 92.32 "License Agreement for Boat Dockage" to provide
for a new licensing agreement and updated rules and regulations. This
ordinance "cleans up" contract language found in the previous dockage
agreement with regard to lease hold interest. In addition, it
provides for the update of rules and regulations by requiring a first,
last and security deposit from all residents; a key deposit; and
liability insurance in the amount of $300,000.
In conjunction with approval of the proposed ordinance, the Commission
is also asked to approve the new License Agreement for Boat Dockage
document as well as the updated Rules and Regulations and associated
documents.
Recommend approval of Ordinance No. 48-90.
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ORDINANCE NO. 48-90
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, REPEALING, TITLE IX, "GENERAL
REGULATIONS", CHAPTER 92, "BOATS AND BOATING" ,
SUBHEADING, "CITY MARINA" , SECTION 92.32, "LICENSE
, . AGREEMENT FOR BOAT DOCKAGE"; TO PROVIDE THAT A LICENSE
AGREEMENT MUST BE EXECUTED BY EACH LICENSEE OF DOCK SPACE
AT THE CITY MARINA; TO PROVIDE THAT THE FORM AND TERMS OF
. THE LICENSE AGREEMENT SHALL BE APPROVED BY THE CITY
COMMISSION AND SHALL BE KEPT ON FILE FOR PUBLIC
INSPECTION OF ITS TERMS AND CONDITIONS AT THE OFFICE OF
THE CITY CLERK AND IN THE OFFICE OF THE DIRECTOR OF THE
PARKS AND RECREATION DEPARTMENT; BY REPEALING SECTION
92.34, "RULES AND REGULATIONS", TO PROVIDE THAT ALL
LICENSEES AT THE CITY MARINA ARE SUBJECT TO RULES AND
REGULATIONS AS PROMULGATED AND APPROVED BY THE CITY
COMMISSION, SAID RULES TO BE POSTED AT THE CITY MARINA
; AND FURTHER PROVIDING THAT A COpy OF THE RULES AND
j REGULATIONS SHALL BE DISTRIBUTED TO ALL LICENSEES AND
KEPT ON FILE IN THE OFFICE OF THE CITY CLERK AND IN THE
, I OFFICE OF THE DIRECTOR OF THE PARKS AND RECREATION
i DEPARTMENT FOR PUBLIC INSPECTION; PROVIDING A SAVING
CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. Tha t Ti tle IX, "General Regulations" , Chapter 92,
"Boats and Boating" , Subheading "City Marina", Section 92.32, "Dockage
~.. Agreement" of the Code of Ordinances of the City of De1ray Beach,
Florida, be, and the same is hereby repealed, and a new Section 92.32,
"License Agreement for Boat Dockage" is hereby enacted, to read as
~ ! follows:
92.32 License Agreement for Boat Dockage
,
(A) Each Licensee prior to becoming a licensee of dock space
at the City Marina shall execute a written license
agreement which shall automatically expire on September
. 30th of each year.
(B) The License Agreement for boat dockage shall be in a form
approved by the City Commission.
(C) A copy of the License Agreement, as approved by the City
Commission shall be kept in the office of the City Clerk
and in the office of the Director of the Parks and
Recreation Department for public inspection.
(D) All Licensees shall abide by the terms and conditions
contained within the License Agreement for Boat Dockage
and the City Marina Rules and Regulations, as may be
amended from time to time.
(E) The City shall require notification and the submission of
a change of status form when the Licensee anticipates
termination of the license agreement, upon temporary
absence of thirty (30) days or more from the marina or for
any other status change.
II (F) Each resident must sign a marina key receipt as part of
,I the license agreement.
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Section 2. That Title IX, "General Regulations" , Chapter 92,
"Boats and Boating", Section 92.34, "Rules and Regulations", of the Code
of Ordinances of the City of Delray Beach, Florida, be, and same is
hereby repealed, and a new section 92.34, "Rules and Regulations" , is
hereby enacted to be read as follows:
, . (Al All Licensees shall comply with the Rules and Regulations
as promulgated and approved by the City Commission.
(B) The Rules and Regulations shall be distributed to all
Licensees, posted at the City Marina and kept on file in
the Office of the City Clerk and the Office of the
Director of the Parks and Recreation Department for public
inspection.
(e) Any suggestions or complaints should be brought to the
attention of the City. The City may cancel the license
agreement and order any vessel to vacate the space that
vessel is occupying for the violation of any of the
marina's rules and regulations or any violation of the
license agreement.
Section 3. That should any section or provision of this
i 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 of the remainder hereof as a
. whole or part thereof other than the part declared to be invalid.
Section 4. That all ordinances or parts of ordinances in
conflict herewith be and the same are hereby repealed.
Section 5. That this ordinance shall become effective
,.. immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
\ ! reading on this the ____ day of , 1990.
I.
MAYOR
ATTEST:
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City Clerk
First Reading
Second Reading
-2- Ord. No. 48-90
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MEMORANDUM
TO: David T. Harden
City Manager
FROM: Joe Weldon
Director of Parks and Recreation
SUBJECT: MARINA ORDINANCE - LICENSE AGREEMENT
DATE: October 1, 1990
I would like to request that Ordinance 42-90, Chapter 92,
"Boats and Boating", Subheading, "City Marina", Section 92.32,
"License Agreement for Boat Dockage"; and Section 92.34, "Rules
and Regulations" be amended and placed on City Commission
agenda for approval. The changes are being made to the
ordinance and rules and regulations for the following reasons:
1- Change from a lease agreement to a license agreement
that would require annual renewal and clean-up
contract language as to lease hold interest.
2. Require first month, last month and a security deposit
equal to one month's dockage from all residents.
Holding a security deposit will prevent residents once
they have notified us they are leaving. and using their
last month payment for the dockage fee, from staying
in the slip and preventing us from getting the new
licensee in. Security deposits will be returned only
after the resident has left.
3. Require that all residents sign a marina key receipt
form that deducts $20.00 from their security deposit
if they do not return the building and mail box keys.
4. Requires all residents to maintain at least
$300,000.00 in liability insurance and name the City
as additional insured on their insurance policies.
Please review and advise. ' ~, 1
Parks and Recreation
JW: jmh
REF:JW215.DOC
Attachments
cc: Cheryl Leverett, Administrative Assistant III
Susan Ruby, Assistant City Attorney
City of Delray Beach Slip No.
100 N.W. lst Avenue Dated
Delray Beach, Florida 33444
LICENSE AGREEMENT FOR BOAT DOCKAGE
This Agreement, made the day of ,
199__ by and between the City of Delray Beach, Florida, (MARINA)
as licensor, and the undersigned owner (OWNER) jointly and
individually, as Licensees.
Name of Vessel Overall Length
Beam Draft Power Sail
Owner(s)
Residence Address
City State Zip
Home Telephone ( )
Business Address
City State Zip
Work Telephone ( )
1. The term of this License Agreement shall commence the
day of , 199 and shall
terminate the 30th day of September of each year unless the
Agreement is terminated earlier upon one of the following
conditions:
a. By breach or forfeiture of any of the covenants
or conditions of this agreement.
b. By written notice of ~ermination by the Marina. ,
c. By written notice of at least thirty (30) days by
the Owner, accompanied by tender of unpaid fees
or charges, if any.
d. By the dock or mooring facility becoming
unserviceable for any reason whatsoever.
2. The security deposit is payable once
at the initial signing of the license agreement. The dockage
rate is per month, or part of a month thereof,
payable monthly. Also payable is one month's dockage fee and
security deposit equal to one month's dockage fee at signing of
license agreement.
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The dockage rate shall be at the rate established by the
City Commission from time to time. The City Commission reserves
the right to change the rates at any time during this agreement,
subject, however, to giving ten (10) days notice to the Owner
prior to the time any such increase shall be effective as to
such Owner.
3. The City, prior to permitting a boat to moor at the
Marina, shall have the right to inspect the boat and insurance
documentation.
4. The intention of the parties is to create a license
for a non-commercial use of dock space only, with Marina as
Licensor and Owner as Licensee. This agreement confers no
lease-hold interest, and is revocable at any time by marina upon
notice posted aboard the boat or sent to the Owner at ei thero of
the addresses listed above.
5. Marina reserves the right to exclusive control over
the use of dock space. Use of dock space is the personal
privilege of the Owner and is not assignable nor may dock space
be sublicensed. Any attempt to assign or assignment of or
attempt to sublicense the dock space under this license
agreement by Owner is void, terminates this agreement, and
excuses the Marina from further performance of this license
agreement. The Marina reserves the right to sublicense the dock
space during Owner's absence from the dock space. Owner shall
not substitute another vessel for the above described boat
without the prior written consent of the Marina.
6. All dockage fees are due by the tenth of each month.
A late fee of twenty-five dollars ($25.00) shall be imposed for
those payments not postmarked by the tenth of each month.
Failure to pay an outstanding balance shall constitute a breach
of this License Agreement and authorizes Marina to sell the boat
at a non-judicial sale or to take any other legal action or
remedy available pursuant to Florida law. The Marina shall have
a lien and security interest in the above described boat, its
appurtenances and contents for unpaid sums due it for dockage
fees, damage caused to any docks, property or persons at the
Marina. If suit is brought to enforce said ,lien, to perfect
and/or collect on said security interest or to collect any
amount due under this agreement, the Owner shall have an
additional liability for reasonable attorney's fees and all
other costs incurred in connection herewith are services
rendered under this agreement are provided on the credit of the
vessel.
7. This agreement is 0 for the use of dock space only.
Such space is to be used at the sole risk of the Owner. The
Marina shall not be liable for the care or the protection of the
boat including its gear, equipment, appurtenances or contents.
Owner represents and warrants that Owner maintains adequate
insurance, including protection and indemnity, on the boat, its
contents and equipment of whatever nature.
8. Marina expects Owner to have made suitable
arrangements for safe, sheltered anchorage during tropical
storms or hurricanes, and Owner warrants such arrangements have
or will be made. Owner may not assume that Marina's premises
will be a safe, sheltered anchorage during tropical storms or
hurricane or an emergency, Marina, at its sole discretion,
reserves the right to remove or evacuate vessels at the Owner's
risk and expense. Undertaking to move or evacuate a boat shall
not be deemed an assumption or responsibility for the safety,
security and care of Owner's boat by Marina, nor shall Marina be
deemed a bailee of the boat.
9. Owner for himself, heirs, personal representatives,
successors, and assigns, as the case may be, releases and holds
harmless and indemnifies Marina, the city of Delray Beach,
Florida, and its officers, agents, and employees from any 'and
all liability for loss or damage to the boat, its Owner, and
Owner's agents, employees, or guests, or negligence, whether or
not such loss or damage is based upon the negligence or conduct
of Marina and from any and all loss, damage, liability, legal
action or claim of whatsoever nature, rising out of the Owner's
use of the facilities of the marina, the presence of the Owner's
boat, car, or personal property at Marina, or the moving of the
boat, whether loss or damages to the property owned by the
Marina, or any other person and whether loss or damage is the
result of the negligence or conduct of the Marina. Marina
disclaims all express or implied warranties, and Owner, on
behalf of himself, his heirs, personal representatives,
successors, and assigns, as the case may be, releases Marina
from any and all liability arising out of any such warranties.
10. The Owner agrees to comply with all laws, rules and
regulations pertaining to Marina operations. Failure of the
Owner to comply with any such laws, rules or regulations or to
pay the dockage fee prescribed within this agreement shall
result in termination of the agreement and the Marina may remove
the vessel from its mooring at the Owner's risk and expense and
may take possession of the space and may enter into a License
Agreement with another party. The rules and regulations
governing the Marina are incorporated herein.
II. Breach of this license agreement by Owner, Owner's
guests or agents, including but not limited to the violation of
the rules and regulations governing the Marina, terminates this
agreement, excuses Marina from further performance and permits
Marina to immediate cause the removal of the boat at the Owner's
risk and expense. The Marina shall not be deemed a bailee of a
vessel removed pursuant to this section.
12. No modifications to this license agreement shall be
enforceable unless in writing and executed by the City.
Marina's failure to require strict performance of this license
agreement or waiver of any conditions herein shall not act as a
waiver of rights hereunder nor be deemed a continuing waiver.
13. Owner warrants and represents that the boat will be
presented for dockage and maintained throughout free of hazards
that may cause danger, damage or expense to Marina or to others.
The boat shall be maintained in an operable condition at all
times, must be in a seaworthy condition and under its own power,
or be removed from the premises.
14. The Owner represents and warrants that the Owner shall
comply with the Federal Water Pollution Control Acts (33 U.s.c.
Section 1231 - prohibiting discharge of oil or oily water, 33
U.S.C. Section 1322 - prohibiting discharge of untreated sewage)
and all other applicable Federal, State, County and Municipal
laws and regulations.
15. This license agreement shall be interpreted in
accordance with the laws of the State of Florida. and the laws' of
the United States. If any portion of this license agreement is
found null and void, the remaining portions of this license
agreement shall continue in full force and effect.
16. The Owner, jointly and individually, shall be
obligated to pay and shall pay all costs, including reasonable
attorney's fees, occurred by Marina in non-judicial proceedings
or judicial proceedings and appeals therefrom to enforce any and
all provisions of this license agreement, including any sums due
Marina.
17. Owner hereby acknowledges that Owner has read and
fully understands this license agreement for boat dockage as
well as the rules, policies, and regulations currently governing
the use of dock space. Further, Owner agrees to comply with
current rules, policies and regulations or as hereafter amended
during the term of this license agreement for boat dockage. A
failure to comply with such rules, policies, and regulations
shall be deemed to be a breach of this agreement, and Marina may
seek whatever appropriate remedies are provided for hereunder.
The person or persons signing below does or do certify that
he/she or they are the lawful owner or owners of the vessel here
and above described or are authorized to subject such vessel to
the provision of this license agreement.
CITY OF DELRAY BEACH MARINA
OWNER(S)
By:
Date:
RULES AIm REGULATIONS OF THE CITY MARIllA
(A) A copy of these rules and regulations shall be
furnished to each person, firm, or corporation having a license
agreement for dockage space in the City Marina. The rules and
regulations of the City Marina are as set forth hereinbelow. It
is made a condition of the License Agreement that the aforesaid
rules and regulations shall be fully complied with by any
person, firm, or corporation.
1) The rules of the road and the navigation laws of the
United states apply to all vessels in or approaching the marina.
2) Residents departing should notify the City so that
proper arrangements can be made to have docks clear upon return.
The marina reserves the right to sublicense all docks when they.
are vacant.
3) Sublicensing of slips by resi~ents is not permitted.
4) Noise should be kept to a minimum at all times.
5) Residents should use discretion in the operation of
generating plants, main engines, and other power equipment so as
not to create exceptional noise after 6:00 p.m. and before 9:00
a.m.
6) The extent of boat repairs and maintenance at dockside
is at the discretion of the City. Major repairs will not be
allowed.
7) Piers are to be kept clear at all times. Storage of
loose gear is not permitted. Hoses and electric lines should
not cross piers. No dock boxes or any other fixtures shall be
placed on piers without specific written approval of the
Director of Parks and Recreation.
8) Pets are permitted upon approval of the Director of
Parks and Recreation as long as they do not disturb other
guests. They must be leashed at all times.
9) Only boats in seaworthy condition and under tneir own
power will be admitted to berthing areas. .
10) All boats of Florida registry will be required to
maintain a current Coast Guard courtesy examination certificate.
11) Berths will be assigned by the City, or his duly
authorized representative.
12) It shall also be the responsibility of licensees to
keep their vessels in such condition that they do not become
unsightly or dilapidated or reflect unfavorably on the
appearance standards of the marina.
13) No refuse shall be thrown overboard. All garbage and
trash shall be placed in receptacles provided. No person shall
discharge sewage, oil, spirits, inflammable liquids, oily
bilges, other chemicals or substances into the basin.
14) Swimming, diving, or fishing shall not be permitted
from the docks or boats.
15) Laundry of any type or any item of a personal nature
shall not be hung to dry out, or air, in public view aboard any
vessel or any pier while a dockside licensee of the marina.
16) No advertising or soliciting will be permitted on any
boat. However, any boat may display a small, not to exceed one
foot square, "for sale" sign.
17) It shall be unlawful for the owner, operator, or
person in charge of any vessel to remove said vessel from the
marinp property, without permission of the City, when said
vessel has a delinquency in its dockage account.
18) No fires of any kind shall be allowed on boats or main
docks.
19) Only one ( 1) automobile per slip will be permitted by
the City and then may only be parked in the designated areas and
shall at all times be maintained in good order.
20) Please notify the Parks and Recreation Department
thirty (30) days prior to departure and provide an emergency
contact address and telephone number if possible.
21 ) Licensees must be able to produce evidence of
liability insurance in an amount equal to or greater than
$300,000.00 naming the City as an additional insured. A valid
copy of the insurance certificate must be on file with the City.
22) Trailers of any type are not allowed to be stored or
parked on Marina property.
(B) Any suggestions or complaints should be brought to the
attention of the Parks and Recreation Department. The City, or
its representative, may cancel the dockage license agreement and
order any vessel to vacate the space said vessel is occupying
for the violation of any of the marina's rules or regulations.
Approved by the City Commission this day of
, 1990.
Mayor
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[I" DF DElAAY BEAEH f!! < l
,
,
100 N.W.1st AVENUE DE LAA Y BEACH, F LOA I DA 33444 407/243-7000
MARINA KEY RECIEPT
I have received marina building keys and u.s. Mail
Box keys from the City of Delray Beach. Upon termination of my
license agreement to use a slip at the Delray Beach Municipal
Marina I will return these keys to the City of Delray Beach or I
will have twenty dollars ($20.00) deducted from my security
deposit.
Marina Resident's Signature Date
Key(s) It
.
THE EFFORT ALWAYS MATTERS
.
~~ ~.
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_ J- - - ~ - - - -'~, }ft:~,->!<~:~:
IITY DF DELAAY BEAtH t.fr~ .. .. f
100 N.W. 1st AVENUE DELRA V BEACH, FLORIDA 33444 407/243-7000
DELRAY BEACH MUNICIPAL MARINA
CHANGE OF STATUS FORM
I request the following regarding my license agreement at the
Delray Beach Municipal Marina:
1. TEMPORARY ABSENCE FROM MARINA
Departure Date:
Estimated Return Date:
2. TERMINATION OF LICENSE AGREEMENT
Thirty (30) Day Advance Notice Required
Effective Date:
Owner's Signature Date
THE EFFORT ALWAYS MATTERS
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~CITY MANAGER
SUBJECT: AGENDA ITEM # \ 1~ - MEETING OF OCTOBER 9, 1990
ORDINANCE NO. 49-90
DATE: October 5, 1990
This is a first reading of an Ordinance amending the Code of
Oy':'lnances by enacting a new Section 8.4.16 "Stormwater Management
Assessments" to provide the method for imposing and collecting annual
Stormwater Management Assessmentsj enforcing collection of delinquent
assessmentsj and calculating assessment rates.
A detailed staff report outlining the City's responsibilities with
regard property owner notification and billing is enclosed as backup
material for this item. In addition, written recommendations from the
consulting engineer are attached as well.
Recommend approval of Ordinance No. 49-90.
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CITY ~TTORNEY'S OFFICE TEL ~Io. 407 278 4755 IJet ,j5 .~I:' 14 ::,~, F . I~, ~
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ORDINANCE NO. 49-90
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING ARTICLE 8.4, "PUBLIC
IMPROVt:MENTS AND SPECIAL ASSESSMENTS", OF THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF
THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING
SECTION 8.4.2, "DEFINITIONS", BY ENACTING A NEW
SECTION 8.4.16, "STORMWATER MANAGEMENT ASSESSMENTS";
PROVIDING FOR DEFINITIONS; PROVIDING A METHOD OF
IMPOSING AND COLLECTING ANNUAL STORMWATER MANAGEMENT
ASSESSMENTS FOR THE BENEFIT OF THE CITY OF DELRAY
BEACH'S STORMWATER MANAGEMENT PROGRAM; PROVIDING A
METHOD OF ENFORCEMENT OF DELINQUENT STORMWATER
MANAGEMENT ASSESSMENTS; PROVIDING FOR PUBLIC
HEARINGS AND NOTICES; ESTABLISHING A BASIS OF
CALCULATION OF STORHWATER MANAGEMENT ASSESSMENTS;
PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL
REPEALER CLAUSE: AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City ot Delray Bsach, Florida (the "City") did
own and operate a fragmented stormwater system for the COllsction,
control and disposal of storm and other surface waters (the "Existing
System"): and,
WHEREAS, the City, pursuant to ordin~nc. No. 21-90 (the
"Ordinance"), has created and established a comprehensive stormwater
management system (the "System"); and,
WHEREAS, pursuant to the Ordinance, a funding mechanism was
provided for the costs of operating and maintaining the System and
finanCing and refinancin9 the necessary repairs, replacements, improve-
ments and extensions thereof, imposin9 stormwater assessments on all
real property within the City, ol:her than non-assessed property, in
relationship to user impacts, services received and benefits enjoyed
therefrom (the "Stormwater Management Assessments"); and,
WHEREAS, ~he City desires to provide for the method of estab-
lishing Such Stormwater Management Assessments.
NOW, THEREfORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Article 8.4, "Public Improvements and Special
Assessments" of Section 8.4.2, "Definitions" of the Land Development
Regulations of the Code of Ordinances of the City of Delray Beach,
Florida, be and the same i&J hereby amended to include in alphabetical
order the following terms:
"Sv.tem't II The City's unified Stormwater Management System, as
more particularly described in Section 56.03(8).
"Stormwater Manaaement Assessments". Non-ad valorem assess-
ments imposed by the City pursuant to Chapter 56 and Section
403.0893, Florida Statutes, as amended and supplemented, on all
developed property which 1s not non-assessed property, and on all
unimproved land which i_ not non-assessed property, in the
Benefited Area in relation to each such property's estimated
contribution of stormwater runoff to the System and the benefit
derived from the use at the facilities of the System, and the
future improvements to be funded from Stormwater Management Assess-
ments. Such Stormwateri Management Assessment, shall inclUde the
CITY ~TTORNEY'S OFFICE TEL No. 407 278 4755 Oct 05.90 14:10 p ~s
pro rata cost of the operation and maintenance of the System, based
on the same proportion of benefit assessed against each parcel
within the Benefited Area.
"~enef!ted Area". The geographical boundaries of the City
including all future annexations and consolidations.
Section 2. That Article 8.4, "Public Improvements and Assess-
ments" of the Land Development Regulations of the Code of Ordinances of
the City of Delray Beach, Florida, be, and the same is hereby amended by
enacting a new Section a. 4 .16, "Stormwater Management Assessments", to
read as follows:
Section 8.4.16. Stormwater Manaaement Assessments.
(A) Public Hearing(s). The City shall hold one or more
public hearing for the following purposes in the order set forth
below;
(1) Budget. Other than with respect to the initial
budget which shall be determined in the manner set forth in
56.16, to adopt, pursuant to Chapter 56 of the Code of
Ordinanc88 of the City, an operational budg8t for the System
for the next fis~al year to cover the estimated costs of
planning and constructing addi~ions, extensions and improve-
ment. to the System; to cover the debt service requirements
for any obligations issued by the City to finance or refinance
additions, extensions and improvements/ to the System; to
establish reserves for anticipated delin~uent or uncollec' \e
Stormwater Management Assessments; and to cover the co. if
operation and mo.intenance ot the system.
(2) Rate Resolution. TO adopt a rate resolution incor-
porating a SChedule ot stormwater Management Assessments,
pursuant to Section 56.16 of the Code of Ordinances of the
City, to impos~ upon the owners of all real property in the
City, other than non-assessed property, which shall constitute
a lien as provided for in Chapter 56 of the Code of Ordinances
of the City 11'1 order to provide revenues which shall be
sufficient to fund the budget referred to in the aforemen-
tioned paragraph. The rates established by the City in each
year under the provisions of the rate resolution shall be
sufficient to provide monies for the purposes described in
paragraph (1) and the City shall not establish rates over and
above the rates that are necessary to comply with the pro-
visions of paragraph (1) and the budgetary requirements of any
proceedings of the City heretofore or hereafter adopted 1n
connection with the issuance of any of its bonds, notes or
other evidences of indebtedness.
(3) Prep~ration of Stormwater Management Assessment
Roll. Based upon the proposed rate resolution, the City shall
prepare a Stormwater Management Assessment roll. Such
Stormwater Management roll shall contain a summary description
of each parcel of real property within the City on or before
the Urst day of the Uscal year for which the Stormwater
Management Assessments are to be imposed, the name and address
of the owner of each parcel of real property, the rate
applicable to each parcel of real property as specified 11'1 the
proposed rate resolution and the amount of the Stormwater
Management Assessments applicable to each parcel of propp-~y
subject to the Stormwater Management Assessments. The aun
description of each parcel of real property shall be in de~ _1
as to permit ready identification of each parcel on the real
2
ORO. NO. 49-90
CITy H TT 0 R N E Y '3 OFFICE TEL No, 407 27 8 475 5 Oct 05, 'jIJ 14: 11 F JI':-
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property records. The information specified above to be
included in the Stormwater Management Assessment roll shall
conform to that maintained by the property appraiser on the
real property record..
(4) Certification and Addition of Stormwater Management
Assessment Roll. The City shall review the Stormwater Manage-
ment Assessment roll to determine itll conformity with the
proposed rate resolution. The City shall make such changes or
additions dS necessary to conform such Stormwater Management
Assessment roll with the propolled rate resolution. If upon
the completion Of lIuch review, the City shall be satisfied
that the Stormwater Management Assessment roll has been
prepared in conformity with the proposed rate resolution, it
shall adopt said resolution and ratify and confirm the
Stormwater Management Assessment roll and certify that the
Stormwater Management ASllessment roll is correct and proper
and is to be used in collecting the Stormwater Management
Assessments. If no objections shall be made by persons
aftected by the assessment roll at the public hearing, or if
objections having been made, they shall be deemed insuffiCient
by the City Commission, the City Commission shall thereupon
adopt the assessments as shown by the assessment roll.
t 5) Notice of Public Hear Ing. Notice 0 f Baid public
hearing shall be be published in a newspaper of general
circulation in the City at least twice wi~h the first publica-
tion being at laallt 20 days prior to ~he date set for the
public hearing, and with the last publi6ation being no later
than one week prior to the date of the hearing. Proof of
PUblication shall be verified by affidavlt of the publisher of
the newspaper and filed with the City Clerk. Notice shall
alao be sent by mail at least ten (10) days prior to public
hearing to each of the affected property owners to his last
known address, the names and address of such property owners
to be obtained from the records of the property appraiser or
from such other sources as the City Manager deems reliable.
Such notice to the property owners shall include but not be
limited to the proposed amount ot such Stormwater Management
Assessment for each parcel of real property, the time such
asseSsm~nt is due and payable and shall state the time and
place ot the public hearing. PrOof of such mailing Shall be
made by affidavit ot the City Clerk. Failure to mail said
notices shall not invalidate any of the proceedings pursuant
to this Section. Said publ1c hearing may be continued to a
date certain without the neceSsity of further new8paper
advertisement or public notice.
(6) The City shall in addition, adopt such resolutions
and conduct such hearings after proper notice, all as may be
required under Chapter 197, Florida Statutes, as amended and
Supplemented, when the assessment is made pursuant to the
Uniform MethOd of Collection.
(8) Payment and Collection of Stormwater Management
Assessments; Interim Method of Collection. .
(1) The first Stormwater Management Assessments shall
be impo.ed against the owners of all real property in the
City, other than non-assessed property, from the date of
enactment of Chapt~r 56 through and inclUding the next fiscal
year in the manner provided in 56.16 or until the
implementation ot the Uniform MethOd of Collection.
3
ORD. NO. 49-90
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CITY ATTORNEY'S OFFICE TEL No, 407 273 475': Oct 1:15,jlj 14: 1':: P J';'
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(2) The owner and description ot each parcel of real
property shall be that deSignated on the real property records
maintained by the property appraiser.
(3) The Stormwater Management assessments shall be due
and payable at the time set forth in the billing statement.
There shall be no discounts for early payment pursuant to the
Interim Method of Collection. The Stormwater Management
Asseument shall become delinquent if not fully paid within
thirty (30) days of rendition. All delinquent Stormwater
Managem.nt Assessments shall, until paid, bear an interest
charge of 8 percent (n) and a rebilling charge covering
administrative costs.
(4) The bill.1ncJ natement under the Interim Method of
Collection shall contain a notice advising that the Stormwater
Management Assessments imposed against the owners of the real
property in the Benefitted Area thereof assessed shall consti-
tute a lien against such property as of the first day of the
filcal year (or the date of enactment of Ordinance No. 21-90
with respect to the billing statement covering the period from
the date of such enactment to September 30, 1990) for which
said assessment is imposed until such assessments are paid,
which lien until tully paid and discharged or barred by law,
shall be prior to other liens except such assessment Hen
shall be on a parity with the lien of State, County and City
taxes and any liens tor charges tor serv,ces created pursu.a.nt
to Section 159.17, Florida Statutes, as amended and supple-
mented. Such notice shall further ad ise the owner ,t
fililure to pay the Stormwater Management Assessments a
timely manner may result in a 1058 of title. The City Illay
combine the amount due from the date of enactment of Ordinance
No. 21-90 to September 30, 1990, in the billing statement for
the fiscal year beginnini October 1, 1990.
(5) If any Stormwater Management Assessment shall become
delinquent, the City ahall cauae to be prepared a notice of
lien containing the amount ot the delinquent Stormwater
Management Asse.ament including imposed interest charges and
other costs, a legal de.cription of the property and the name
of the owner of such property. The City may, after notice has
been given, as described below, record such notice of lien in
the publiC records of the County. A copy of the notice of
lien shall be served on the owner of record as provided in
Section 713.18, Florida Statutes, as amended and supplemented,
within ten (10) days after the notice of lien is recorded.
(6) The notice shall be mailed on or about the 30th day
after the mailing of the billing statement. Such notice
containing a statement aa to the interest charge and other
costs and how the same ahall accrue and shall further advise
the owner that a notice of Uen will be filed by the City
against that parcel of real property. However, if such
Stormwater Management Assessment, together with any interest
charg.. and other costs, are received within ten (10) days of
such notice, then such notice of lien will not be fi~ed.
(7) Enforcement of Delinquent Stormwater Management
Assessments. All delinquent Stormwater Management Assessment
lien. may be enforced at any time by the City at least 30 days
subsequent to the date of the service of the notice of 'JQn
for the amount due under such recorded liens, includin~ 1
interest charge., plus co.ts and a reasonable attorney's - ~,
by proceeding in a court of equity to foreclosure such liens
4
ORD. NO. 49-90
CITY HTTOFHE('3 OFFICE TEL Ho. 407 278 4755 Oct 05.90 14:12 F ,':':
._.
in the manner in which a mortgage lien is foreclosed under the
laws of Florida, or the collection and enforcement of payment
thereof may be accomplished by any other method authorized by
law. It shall be lawful to join in any complaint or fore-
closure or any such legal proceedings, anyone or more lots or
parcels of land that i8 the subject of a lien or lien6.
(Cl Payment and collection of Stormwater Management Assess-
ments; Uniform Method of Collection.
( 1 l The Stormwa.ter Management Asaessments shall be
imposed again8t the owners ot all real property 1n the City,
other than non-assessed property and collected pursuant to the
Uniform Method of COllection for each fiscal year commencing
October l, 1991.
(2 ) The owner and description ot each parcel of real
property shall b. that designated on the real property records
maintained by the property appraiser.
(3 ) The Stormwater Management Assessments shall be due
and payable at the time set forth in the notice of non-ad
valorem assessments prepared by the County Tax Collector.
Stormwater Managements Assessments collected pursuant to the
Uniform Method ot Collection shall be subject to all COllec-
tion provisions ot Chapter 197, Florida Statutes, as amended
and supplemented, including provisions ;elat1ng to diScount
for early payment, prepayment by install ent method, deferred
payment, penalty for del1nquent payment and issuance and sale
of tax certificates and tax deeds for non-payment.
(0 ) This Section i8 Controlling for Stormwater Management
Assessments. As to anything in Section 8.4.1 to the contrary, this
Section 8.4.16 of Article 8.4 shall be controlling as to the proce-
dure for the implementation and collection of Stormwater Management
Assessments. The applicable requirements of Section 8.4.16 shall
apply in addition to the requirements of Florida Statutes Chapter
197 if the Stormwater Management Assessment is imposed pursuant to
the Uniform Method of Collection.
S~ction 3. Severabllity of Provisions. If any section,
clause, sentence or provision of this Ordinance, or the application of
such s.ction, clause, sentence or provision to any persons, bodies or
circumstances, shall be held to be inoperative, invalid or unconstitu-
tional, the invalidity of such section, clause, sentence or provision
shall not be held, deemed or taken to affect the application of the
provisions of this Ordinance to persona, bodies or circumstances other
than those as to wh1ch it, or any parts thereof, shall have been held
inoperative, invalid or unconstitutional, and the remaining portions
hereot shall not be affected and shall remain 1n full force and effect.
Section 4. All ordinance. and resolutions, or parts thereof,
in conflict with this Ordinance are to the extent of such conflict
hereby repealed.
Section 5. ThiS Ordinance shall bee'ome effective .after its
passage on second and final reading. A certified copy of this
Ordinance, as enacted, shall be filed with the Department of State.
I
5
ORD. NO. 49-90
CITY ATTORNEY'S OFFICE TEL No. 407 278 4755 Oct 05.90 14:13 p . O'~I
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PASSED AND ADOPTED in regu lar session on second and final
reading on this, the day of , 1990.
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
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6
ORD. NO. 49-90
CITY RTTGRNEY'S OFFICE TEL No. 407 278 4755 Oct 05,90 14:08 P.02
EIT' DF DELRA'BEA[H
CITY 1l.....0RNEY'S OFFICE 310 S.I-. Iq STIUIT. SUfI'!: 4 DLLHAY fiLM'II, 'JORIDA J,)4/lJ
HI I 407!Hl.7090 TELlC()I'IER 4rn127li-47SS
MEMORANDUM
T
Date: october 5, ~990
To: City Commission
David Harden, City Manager
From: Susan A. Ruby, Assistant City Attorney
Subject: Stormwater Management Assessments
Ordinance No. 49-90 '
The City Conunission previously passed Ordinance 21-90 which
created the Stormwater Management Utility. Ordinance 49-90 is
now before you to provide procedures for the assessment of
stormwater utility fees. In addition to requiring procedures
for implementation of the Stormwater Management Assessment, the
purpose of Ordinance 49-90 is to provide for notices and public
hearings as required to provide proper due process.
The procedures outlined in Ordinance 49-90 areto be used for
the collection of Stormwater Utility Assessm nts under the
Interim Method of Collection and shall also be sed in conjunc-
tion with Florida Statutes Chapter 197 when the statutory
uniform Method of collection is used to collect the Stormwater
Management Assessments.
Ordinance No. 49-90 requires individual notices to property
owners ten (10) days prior to the date of a scheduled public
hearing. In addition, the ordinance requires advertised notice
twenty (20) days and seven ('7) days prior to the pUblic
hearing. The ordinance reQ1J.ires a pUblic hearing for the
purpose of adopting a resolution which adopts the budget and
sets stormwater utility rates. At the public hearing, the city
Commission will also review the stormwater Management
Assessment role to determine its conformity with the rate
resolution. At the public hearing, citizens are given the
opportunity to object to the assessment. If no objections are
made or if objections having been made are deemed insufficient
by the City Commission, the Cit.y Commission shall, pursuant to
the ordinance, adopt the assessments as shown on the assessment
role.
CITY RTTORNEY'S OFFICE TEL No. 407 278 4755 Oct 05,90 14:08 p.03
City Commission
David Harden, City Manager
October 5, 1990
Page 2
Once the City Commi ssion has closed the public hearing and
adopts the budget, rate resolution, and stormwater assessment
role, the City Administration shall be authorized to send out
billing statements,
The ordinance provides that billing statements rendered pur-
suant to the Interim Method of Collection shall contain a
notice advising that the Stormwatel" Management Assessments
imposed shall, if not paid, constitute a lien against the
property until assessments are paid and further states that the
liens shall be on a parity with the liens of state, county and
city taxes and any liens for charges for services created
pursuant to Florida statutes Section 159.17. The notice also
will advise the owner that failure to pay the Stormwater
Management Assessments in a timely manner may result in a loss
of title.
If payment is not recei ved wi thin thirty ( 30) days of the
rendition of the bill, a notice will be sent to property owners
prior to recording a lien against the property.
Please do not hesitate to contact our office if you have any
~~ns regarding this ordinance.
~~ /
Attachment
cc: William Greenwood, Dtrector ot Public Utilities
Rob Taylor, Gee & Jenson '
REASONS WHY CITIZENS WITH PRIVATE DRAINAGE SYSTEMS
SHOULD PAY STORMWATER UTILITY ASSESSMENTS
1) They use roads served by municipal stormwater drainage
systems.
2) They use public facilities served by municipal systems.
3) They receive emergency services (pol ice, fire-rescue, etc. )
which use roads served by municipal systems.
4) Th e i r property val ue is i ncr eased by improved stormwater
drainage on the ci ty streets adjacent to their pr iva te
development.
5) Water discharged to lakes/canals by their systems raises the
flood stage in these waterways. This decreases the amount
of water which the existing city system will discharge. To
prevent flooding as a result of increased tailwater, larger
pipes must be used in the storm sewer system or additional
retention/detention (storage) areas must be constructed.
Thus, private systems indirectly impact the cost of the city
system.
6) Pollutants diSCharged through th ei r systems affect the
downstream water quality.
7) In the future the EPA will require that storm sewer systems
directly discharging to open surface waters obtain a permit
issued under the National Pollutant Discharge Elimination
System (NPDES) program. It is possible that private systems
will be lumped with the Ci ty' s Municipal system under one
permit (per Mr. Roosevelt Childers, EPA-Atlanta) . It is
also possible that private systems will be looked at
individually sometime after 1992. The EPA is still somewhat
undecided about the specif ics regarding the implementation
of this program. The costs of applying for the se permits
may be very high:
Estimates from EPA
Large Municipality $131,200 (8500 hrs)
Medium Municipality $ 83,600 (5400 hrs)
Private system users will be r equi red to share in the se
costs through the stormwater utility.
8) They have chosen to live in a private development which has
legally accepted the responsibility of operating and
maintaining its own drainage system. However, the City does
have the option of assisting with drainage problems at its
discretion, and with the consent of the legally responsible
entity. Therefore, when a high priority drainage problem is
discovered in a pr ivate development the Ci ty may assist in
addressing the problem.
RBT/tkp
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a
n
GEE & JENSON October 5, 1990
Mr. David Harden
Ci ty Manager
City of Delray Beach
100 N.W. lst Ave.
Delray Beach, Florida 33444
Re: Stormwater Utility
Meeting with High Point Community Action Committee,
Section 1-7
Dear Mr. Harden:
On October 3, 1990, Bill Greenwood and I met with representatives
of the High Point Community Action Committee as a follow-up to
your August 17, 1990 letter to that group.
Major concerns expressed by this group were as follows:
1) They want to be included in the Stormwater Masterplan.
2) They want the City to treat the reparation of storm
sewers in High Point in the same manner in which it
treats water and sewer lines.
3} They want some infrequent maintenance of thei r system
(i.e. cleaning out sediment from catch basins, cement
work around pipe joints at catch basins).
If these concerns could be met, it would greatly increase the
acceptance of the proposed assessment by the condominium owners
at High Point. Please feel free to call me if you wish to
discuss this matter in further detail.
Sincerely,
Robert B. Taylor
Water Resource Engineer
RBT/tkp
90423
cc: Bill Greenwood
High Point Community Action
Committee, Sec. 1-7
(Attn: Jack Kellerman)
One Harvard Circle. West Palm Beach, Florida 33409-1923.407/683-3301 . FAX 407/686-7446
PUBLIC HEARING REGARDING STORMWATER
UTILITY ASSESSMENTS TO BE HELD
I 1990
A public hearing will be held to adopt a rate resolution for the
City's Stormwater Utility Assessment on , 1990. This
assessment will be imposed on all property owners within the City
of Delray Beach based on their contribution to and benefit
derived from the City's Stormwater Management System. All funds
from the assessments will be used to operate, maintain, and make
additions, improvements and extensions to the City's Stormwater
Management System. Also, funds will be used to finance the
administration of the program. Prior to this hearing all
property owners will receive written notification along with
additional literature regarding stormwater management and
stormwater utility assessments for the City of Delray Beach.
Residents, and especially property owners in the City of Delray
Beach are invited to attend this hearing.
I
October 4, 1990
Presidents of the Home Owners Association and Condominium
Association:
The City of Delray Beach is currently in the process of
developing and implementing a Storrnwater utility to fund the
cost of the City's stormwater management program. This will
include costs associated with general operation and maintenance
of the City's drainage system, additions, extensions, and
improvements to the system and administrative requirements of
the program.
Because these funds will come from assessments against property
owners, the City would like to take the opportunity to inform
and educate property owners about stormwater and the City's
Storrnwater utility. Some information is being enclosed as a
brief introduction to these subjects, but the City would like
the opportunity to direct a meeting of your members which will
allow for a more complete presentation of the subject and a
chance to address concerns which your members may have.
The City would like to begin meetings with special groups such
as yours as soon as possible. Therefore, if you would like to
schedule a meeting for your group, please contact the Environ-
mental Services Department (243-7329) to set a date and time.
Your prompt attention in this matter is greatly appreciated.
Sincerely,
David T. Harden
City Manager
DTH/tkp
90423
enc
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: fl'PCITY MANAGER
SUBJECT: AGENDA ITEM # I~(!" - MEETING OF OCTOBER 9, 1990
ORDINANCE NO. 50-90
DATE: October 5 1 1990
This is a first reading of an Ordinance amending the Code of
O<..~nances by enacting new Sections 96.65 and 96.66 to provide for the
~mposition of flat rate fees for use of basic and advanced life
support services. This concept was originally brought before the
Commission at your September 17th Special/Budget workshop meeting as a
measure for reducing the budget and generating additional revenues.
This ordinance proposes the implementation of a two tiered fee
structure which would assess a charge of $25 for billable basic life
support calls and a $65 charge for advanced life support incidents.
Services considered billable under basic life support service include
the provision of treatment or use of consumable or disposable supplies
for cases involving simple bandaging; minor splinting; simple
immobilization. Under advanced life support billable services include
monitoring of electrocardiographic equipment; use of external
pacemakers; defibrillation; intravenous therapy; medication
administration; and other advanced medical therapy techniques and
methods. No charges will be assessed for those emergency medical
services which do not require administration of treatment or use of
consumables or disposable supplies such as, assessments for common
medical complaints; assisting "Bakers Act" and "Meyers Act" patients,
who do not require Paramedic accompaniment; medical alarm and 911
hang-up investigations; and cases involving patient assessment with
treatment refusal.
It is anticipated that approximately $90/411 in revenues would be
generated from these charges which would offset the expenditures for
suppliesl consumablesl overheadl administration 1 and billing costs.
Recommend approval of Ordinance No. 50-90.
("'TT'-'--~~'C"\"': nFPI-c- TEL ~Io 4072784755 Oct 1)':,,'jCI 'j:':': F 1--
'-,_ "( ~ ,~j"',.,'~\-. I ,_' ..) , .I. _'-. .. .,._..._~.\.._.'. ".".
~ I
ORDINANCE NO. SO-gO
AN ORDIN'-NCE OF THE CITY COMMISSION OF THE CITY OF
. DELRAY BEACH, FLORIDA, AMENDING TITLE 9, "GENERAL
, j REGULATIONS" , CHAPTER 96, "FIRE PREVENTION,
FIREWORKS", BY ENACTING A NEW SUBHEADING, "EMERGENCY
MEDICAL SERVICES", BY ENACTING A NEW SECTION 96.65,
"DEFINITIONS" , TO PROVIDE FOR DEFINITIONS, BY
ENACTING A NEW SECTION 96.66, "EMERGENCY MEDICAL
SERVICES; FEES; TO PROVIDE FOR THE IMPOSITION OF
FEES ON A FLAT RATE BASIS FOR THE USE OF BASIC LIFE
SUPPORT SERVICES AND ADVANCED LIFE SUPPORT SERVICES;
B'i ENACTING SECTION 96.66, "BILLING AND COLLECTION
OF EMERGENCY MEDICAL SERVICE FEES; COSTS AND
A'r!'ORNEYS' FEES" ; PROVIDING A SAVINGS CLAUSE,
PROVIDING AN EFFECTIVE DATE.
I
WHEREAS, the Ci ty Corruniuion of the Ci ty of De lray Beach,
Florida, desires to maintain the hlOh level of Emergency Medical Ser-
vices currently provided to the re8idents of the City of Delray Beach by
, the Fire Department of the City of Celtay Beach; and
\
. WHEREAS, the City Commission of the City of Oelray Beach haa
determined, in order to continue the level of emeroency medical services
. currently enjoyed by the citizens of the City of Delray a.ach, Florida,
that certain fees must be imposed for the provision of Basic Life
Support Services (as defined below), and for the provision of Advanced
Life Support Services; and
I
WHERBA.S, the City Colt1lliss1on of the City of Delray Beach,
f'. Florida, in ordi to avoid extensive record keeping, is desirous of
implementing a t 0 tiered flat fee structure which would cover initial
, patient asse88m t and treatment and the average amount of supplies,
~ : consumables, and disposal item. provided to patients using Basic Life
Support Service. and Advanced Life Support services; and
~,
WHEREAS, the City Commi..lon has also expressed its intent
that patient care is of primary concern and that one' II ability to pay
these fees shall not affect the quality of care rendered.
- NOW, 'rHBREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF CELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Title 9, "General Regulations", Chapter 96.
"Fire Prevention, Fire Works" of the Code of Ordinances of the City of
Delray Beach, Florida, be, and the SAme is hereby amended by enacting a
new subheading, "Emeroency Medical Services", by enacting a new Section
96.65, "Definitions", by enactino a new Section 96.65, "Emergency
Medical Services; Fees", and by enacting a new Section 96.66, "Collec-
tion of Emergency Medical Services Fees", to read as follows:
EMERGENCY MEDICAL SERVICES
96.65 DEFINITIONS.
For the purpose of this subchapter, the following definitions
shall apply.
"Non-billable Basle Life Support Services" Non-billable Basic
Life Support Services are the emergency medical services provided
by the City' a Fire Department which include patient evaluation
services, but does not require administration of treatment services
or use ot consumable or disposable supplios. Non-billable calls
would include, but not be limited to, assessment for common medical
4~7 273 J755 ~c~ ')5.'3C 9:24 ~, ,-,",
CITY RTTOPNEY'S GFF:CE TE_ '\'0. --..
~ i
complaints (sore throat., fever, headaches, and other oommon
non-life threatening ailments); assisting "Bakers Act" and "Meyers
Act" patients that do not require Paramedic accompaniment to a
treatment facility; medical alarm and 911 hang-up investigations;
~nd cases involving patient assessment with treatment refusal.
, I "Basic Life Support Services". Basic Life Support Services
include the provision of treatment services, or the use of consum-
able or disposable supplies which does not rise to the level of the
provision of Advanced Life Support Services. Basic Life Support
Services are services rendered to patients which do not require
invasive technique., which include but are not limited to, simple
bandaging, minor splinting, and simple immobilization.
"Advanced LHe Su Serv ces". Advanced Life Support
Services are those types 0 pat~ent treatment services which
require advanced medical therapy, including but not limited to;
electrocardiographic monitoring; use of external pacemakers;
defibrillation; intravenous therapy; medication administration;
cardia pulmonary resuscitation; endotracheal intubation; esophageal
intubation; pneumatic antishock garment (M.A.S.T.) application; and
other advanced airway and artificial ventilator techniques.
i 96.66 EMERGENCY ~ICAL SERVICES: fEES.
( A) There shall be imposed a fee for the prOVision of Basic
. Life Support Services and for the provision of Advanced Life
Support Services.
(B) The follOWing service charges or fees are levied for t.
provision of emergency medical services:
,
f" ( 1~ Basic Life Support Services $25.00
(2 Advanced Life Support Services $65.00
. , ~6.67 BILLINO AND COLLECTION or CHARGES: COSTS AND ATTORNEYS'
~, m!
(A) The Fire Department shall submit bills to patients for
the provision of Basic: Life Support Services and Advanced Life
Support Services.
. (B) Any bill remainin9 unpaid for a period of sixty (60) days
shall be considered delinquent.
( C) The city may collect delinquent charges by pursuing any
and all available legal remedies.
Seotion 2. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word be
declared hy & court of competent juriSdiction to be invalid such deci-
sion shall not effect the valid.ity of the remainder hereof as a whole
part thereof other than the part declared to be invalid.
S.ction 3. That this ordinance shall become effective after
passage on second and final reading and shall apply to services rendered
commencing on November 1, 1990.
I
2 Olm. NO. 50-90
TEL No. 407 278 4755 Oct 05,90 '): 25 F . ':,4
- -- ._ ._....u~. _.._ -...-. ...--.
.~ l "
PASSED AND ADOPTED in re9ular session on second and final
readinq on this the _____ day of , 1990.
. MAYOR
ATl'EST:
, j
City Clerk
First Reading
Second. Reading
I
!
,
I
-
.
r /
l \
~
-
3 ORD. NO. 50-go
~.
PROPOSED
EMERGENCY MEDICAL SERVICE USER FEES
I. REVENUES
A. Total B.L.S. Incidents 4020
B. Total B.L.S. Billable Incidents 2010
2,010 X $25.00 per call $50,250.
C. Total A.L.S. Incidents 1674
D. Total A.L.S. Billable Incidents 1674
1,674 X $65.00 per call $108,810.
---------
TOTAL BILLABLE REVENUE $159,060.
E. Collection Projection - B.L.S. - 50% = $ 25,125.
F. Collection Projection - A.L.S. - 60% = $ 65,286.
--------
TOTAL PROJECTED REVENUE $ 90,411.
I
f
NOTE: B.L.S. - Basic Life Support
A.L.S. - Advanced Life Support
II. EXPENSES
A. Supplies and Consumables $ 71,721.
B. Overhead and Administration (14%) 10,040.
C. Billing Costs
1. Postage and Supplies 1,650.
2. Clerical-Person Hours 5,700.
(Billing, Customer Inquiries, etc.) ---------
TOTAL CHARGEABLE EXPENSE $ 89,111.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~CITY MANAGER
SUBJECT: AGENDA ITEM #'~l) - MEETING OF OCTOBER 9, 1990
ORDINANCE NO. 51-90
DATE: October 5, 1990
This is a first reading of an Ordinance amending the Code of
O':~inances by amending Subsection 35.090 (A) to provide that former
Department Heads who had opted out of the General Employees Retirement
Plan shall not be eligible to participate in the Plan and providing
the Assistant Director of Environmental Services/Public Utilities and
Assistant Director of Environmental Services/City Engineer with the
option to "opt out" of the Plan provided that those positions are
filled prior to January 1, 1991.
This amendment is necessary to allow those Department Heads affected
by the recent reorganization to maintain their enrollment in the
International City Manager Association Retirement Program and also
provides the same opportunity for the Division Head positions being
created under the reorganization of Public Utilities, Public Works,
and the Engineering Departments.
Recommend approval of Ordinance No. 51-90.
I
. ~ .
at
CITY ATTORNEY'S OFFICE TEL No. 407 278 4755 Oct 05,90 9: 12 P.02
/ .--'"
I
rlTY DF DELAAY IEArH, .. );, .~tl~~" .
{ ;
\ i
,
n. .....~._"~tfn" '" . .",. ., ,
CITY AnORNEY'S OFFICE 310 S.E. 1st STREET. SUITE 4 PELRA Y DEAC". flORIDA 33483
407/243-7090 TELECOPIER 407/278-47SS
MEMoRANDUM
Date: October 4, 1990
To: City Commiss1on \~t
!'rom: Jeffrey s. Kurtz, City Attorney
Subject: Retirement Benefits/aeoroan1zation
.
Ordinance No. 51-90 1s being promulgated 1n order to maintain
the status quo with respect to former department heads who have
elected not to participaee in the General Employees Retirement
Fund. At the time of previous reorganization wherein several
employees were promoted to department head status, they were
9iven the option of opting out of the General Employees Pension
Plan and participating in the ICHA Retirement Plan. With the
present reorganization, two of the department heads, who
exercised such option, have been reclassified and therefore
without -'ltR... amendment to the ordl"""ce might have to rejoin the
General Bmployeeliil Pension Plan. This would work a hardship on
those employees that the Manager doe. not believe is wise or
necessary. Likewise, the former Public Uti~ltles Director
position and City Engineer P08ition had department head status
and those positions have been recruited on the basis that they
would be able to participate in the lCMA Retirement Plan and
not have to partiCipate in the Genera~ Employees Pension Plan.
Should you hay. any questions concerning this matter, pleas~ do
not hesitate to contact our office.
JSK:sh
Attachment
co: David Harden, City Manager
Cheryl Leverett, Administrative AssJ.stant III
I
.
..., ..
CITY RTTORNEY'S OFFICE TEL No. 407 278 4755 Oct 05,90 9:13 P.03
.---- , - ..... .- .-. .
('.....
ORDINANCE NO. 51-90
AN ORDINANCE OF THE CITY COMMISSION OF THE CrT'l OF
DELRAY BEACH, FLORIDA, AMENDING TITLE 3, "ADMINI-
. STRATION", CHAPTER 35, "EMPLOYEE POLICIES AND
BENEFITS" SUBHEADING "RETIREMENT PLAN", SECTION
35.090, "ELIGIBILITY; PARTICIPATION", OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH BY AMENDING
SUBSECTION 35.090(A) TO PROVIDE THAT FORMER DEPART-
MENT HEADS WHO HAD OPTED OUT OF THE RETIREMENT PLAN
SHALL NOT BE ELIGIBLE TO PARTICIPATE IN THE PLAN AND
FURTHER PROVIDING THAT THE ASSISTANT DIRECTOR OF
ENVIRONMENTAL SERVICES/PUBLIC UTILITIES AND
ASSISTANT DIRECTOR OF ENVIRONMENTAL SERVICES/CITY
ENGINEER IF HIRED PRIOR TO JANUARY 1, 1991 MAY ELECT
NOT TO PARTICIPATE IN THE RETIREMENT PLAN; PROVIOING
A SAVING CLAUSE, PROVIDING A REPEALER CLAUSE;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Delray Beach administrative staff has
undergone an organizational change such that certain positions which
were ,olassified as Department Heads are no longer classified as Depart-
ment Head.; and
WHEREAS, as Department Heads, certain employees had elected Qr
had the ability to elect not to participate in the General Employ
Retirement Plan, and
WHEREAS, such employe.s are desirous of continuing not to
participate in ~he General Employeea Retirement Plan.
/
NOW, ~~FORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY B~CH, FLORIDA, AS FOLLOWSI
se!fion 1. That Title 3, "Administration", Chapter 35,
"Bmployee Po cie. and Benefita", subheading, "Retirement Plan", Section
35.090, "Eligibility, Participation", Subsection (A) of the Code of I
Ordinances of the City of Delray Beach, Florida,is hereby amended as
follow. :
Section 2. That should any section or prOVision of this
ord.inance or any portion thereof, any paragraph, sentence or word be
declared by a court of competent jurisdiction to be invalid such
CITY ATTORNEY'S OFFICE TEL No. 407 273 4755 Oct 05.90 j:14 F' .':,4
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decision shall not effect the valid1 ty of the remainder hereof as a
whole part th.~eof other than the part declared to be invalid.
Section 3. That all ordinarices or parts of ordinance which
are in conflict herewith are hereby repealed.
Seotion 4. That th1s ordinance shall become retroactively
effective October 1, 1990 upon on its passage on second and final
raacUng.
PASSED AND ADOPTED in regular session on second and final
readinq on this the _____ day of , 1990.
MAYOR
ATTEST I
City Clerk
Fint Reading
Second Reading
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