02-28-89 Regular
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CITY OF DELRAY BEACH, FLORIDA
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REGULAR MEETING - CITY COMMISSION
FEBRUARY 28, 1989
7 P.M. 1!;(l!:NDA Commission Chambers
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.
1. Roll Call.
2. Invocation.
3. Pledge of Allegiance to the Flag.
PUBLIC HEARINGS
4. ORDINANCE NO. 8-89 REZONING REQUEST - AUBURN TRACE: An
Ordinance executing City initiated rezoning on property located on the
west side of S.W. 8th Avenue, between S.W. 4th and S.W. 7th Streets,
extended westward from R-1A to RM to accommodate construction of low
to moderate income housing units.
5. ORDINANCE NO. 10-89 REZONING - ENCLAVE 24: An Ordinance
executing City initiated rezoning of several areas in Enclave 24. The
designations are as follows: Lots B through E, Kenmont, from R-1A to
CFi Lots 8 and 9, Block 1, Kenmont from LI .to GCi Lots 10 through 12,
Block 1, Kenmont, from R-1A to RM-6i Lots 8 through 10, Block 2,
Kenmont, from GC to RM-6i Lots 12 and 13, Block 2, Kenmont, from R-1A
to RM-6i Lots 14 through 23, Block 2, Kenmont, from R-1A to R-1A-Ci
Lots 26 through 28, Block 2, Kenmont from Rl-A to RM-6i Lot 1,
Eastview, from GC to RM-6i Lots 2 through 4, Eastview from R-1A to
RM-6i Lot 5, Eastview, from R-1A to RM-6i Lots 6 through 8, Eastview
from R-1A to RM-6i Lot 9, Eastview, from R-1A to RM-6i Lot 10 , (the
east 10 feet), Eastview, from R-1A to RM-6i Lot 4, Block C, La
Hacienda, from GC to RM-6i Lot 5, Block C, La Hacienda from R-1A to
RM-6i Lot 6, Block C, La Hacienda from R-1A to RM-6i Lots 5, 6, 33,
34, & 35, Block D, La. Hacienda, from R-1A to RM-6i Lots 4,5, and 6,
Block E, La Hacienda from Rl-A to RM-6i Lots 6 through 15, Block A,
Royal Palm Gardens Plat 113 from R-1A to RM-6i Lots 8 through 11,
Block B, Royal Palm Gardens Plat 113, from ART to RM-6i Lots 12
through 15, Block B, Royal Palm Gardens Plat 113 from R-1A to RM-6i
South 137 feet of west 395 feet of Block 3, Revised Plat of Royal Palm
Gardens from R-1A to RM-6i Lot 6, Block A, Snow Hill from R-1A to
RM-l0i Lot 7 (west half) , Block A, Snow Hill from, R-1A to RM-l0i
Lot 6 and part of 15 ft. alley, Block B, Snow Hill, from R-1A to
RM-l0i Lot 7, Block B, Snow Hill from R-1A to RM-1Oi Lot 8 (west
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Agenda
Meeting of 2/28/89
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Action: Motion to approve.
8. Approval of minutes of Special Meeting of February 7, 1989.
FIl!lST READINGS
9. ORDINANCE NO. 11-89 PARKING TIME: An Ordinance amending Title 7
"Traffic Code",and Chapter"'.'73 "Parking Schedules", "Schedule I, Two
Hour Parking Zones" to provide for two hour parking zones in on street
parking areas and four hour parking limits in City owned parking lots.
If passed Public Hearing March 28th.
10. ORDINANCE NO. 12-89 "CHANGE OUT" PERMIT FEES: An Ordinance
establishing a $35.00 permit fee to repair or replace minor
components. If passed Public Hearing March 28th.
11. ORDINANCE NO. 13-89- AMENDMENT TO NOISE ORDINANCE: An Ordinance
amending Chapter 99 "Noise Control" of the Code of Ordinances by
adding Subsection 99.04 (A) (1) making it unlawful to play or operate
any radio, musical instrument, phonograph, or sound producing device
which can be heard more than 50 feet away from its source in a public
place or 100 feet away from its source within a building structure or
property boundary whichever is greater. If passed Public Hearing March
28th.
REGULAR AGENDA
12. REQUEST FOR WAIVER OF FEES AND SITE AND DEVELOPMENT PLAN
PROCESSING REQUIREMENTS- CRYSTAL ICE: Consider waiving resubmittal
fees and reconsideration of site plans for Crystal Ice.
13. CONSIDERATION OF BID AWARD -CITY HALL EXPANSION: Review of low
bidder Sessons/GriceCompany proposal and optional deletes.
14. CONTRACT BETWEEN THE CITY AND WASTE MANAGEMENT OF PALM BEACH:
Approval of five year contract for collection of refuse, trash, bulky
waste and recyclable materials.
15. APPROVAL OF SPECIAL WARRANTY DEED LANGUAGE: Agreement between
the City and the School Board reo Old School Square.
16. APPEAL OF DENIAL OF LANDLORD PERMIT: Consider Mr. Sadaqat
Jaweed's appeal of Permit Review Committee's denial of a landlord
permit.
17. APPOINTMENT OF TWO REGULAR MEMBERS AND ONE ALTERNATE TO THE BOARD
OF ADJUSTMENT: Consider appointment of two regular members and one
alternate to the Board of Adjustment to terms ending March 15, 1992.
18. APPOINTMENT OF TWO ALTERNATE MEMBERS TO THE COMMUNITY APPEAR~CE
BOARD: Consider appointment of two members, in the layperson
category, to terms ending March 8, 1990.
19. APPOINTMENT OF A MEMBER TO THE PUBLIC EMPLOYEE RELATIONS
COMMISSION (PERC): Consider reappointment of John Saracino to PERC to
a term ending March 13, 1993.
20. MAYOR'S APPOINTMENT OF ONE MEMBER TO THE HUMAN RELATIONS
COMMITTEE: Consider a~pointing one member to the Human Relations
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Agenda
Meeting of 2/28/89
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23. INITIATION OF ANNEXATIONS- NORTH FEDERAL HIGHWAY AREA:
Recommendation to initiate voluntary annexation provisions of water
service agreements and owner initiated annexation requests.
24. WILSON PROPERTY CONVEYANCE: Consideration of request for return
of City owned property at 610 North Ocean Boulevard previously deeded.
25. INTERIM FINANCING FOR ~A~RT TERM CAPITAL PROJECTS: Appointment
of Mudge Rose as Bond Counsel, Dean Witter Reynolds as Finance
Administrator and review of funding option for financing short term
projects for the City.
CONSENT AGENDA
26. SPONSORSHIP FOR CARVER MIDDLE SCHOOL GRANT APPLICATION:
27. CHANGE ORDER NO. 1- HOMEWOOD BOULEVARD: Increase of contract of
$1,638.65 with funding from Account 333-4141-572-61.15.
28. CHANGE ORDER NOS. 1 AND 2- BARWICK PARK IMPROVEMENTS: Increase in
contract of $927.00 with funding from Account No. 117-4165-572-60.69.
29. APPOINTMENT OF A CITY REPRESENTATIVE TO THE METROPOLITAN PLANNING
ORGANIZATION'S TECHNICAL ADVISORY COMMITTEE: Recommendation to
appoint Gates Castle, Interim City Engineer, replacing Gerry Church,
former City Engineer as the City's representative to the MPO's
Technical Advisory Committee.
30. TENT PERMIT- DELRAY HARBOR CLUB: Approval of temporary tent
permit for eight tents to be used for an auction on March 18, 1989.
Tents will be erected March 16, 1989 and removed on March 20, 1989.
31. TENT PERMIT- SHERWOOD HONDA: Approval of temporary tent permit
from March 17, 1989 to April 3, 1989.
32. CITY AUCTION AND APPROVAL OF INVENTORY LIST: Approve inventory
list of surplus property and approve Auction date of Saturday, April
8th.
33. RESOLUTION NO. 8-89. This item is a Resolution assessing costs
for abatement action required to remove an unsafe building on property
at 319-321 N.W. 8th Avenue.
34. RESOLUTION NO. 9-89. This item is a Resolution assessing costs
for abatement action required to remove an unsafe building on property
at 1108 Germantown Road.
35. RESOLUTION NO. 10-89. This item is a Resolution assessing costs
for abatement action required to remove an unsafe building on property
at 707 S.W. 8th Court.
36. RESOLUTION NO. 11-89. This is a Resolution assessing costs for
abating nuisances upon five properties throughout the City.
37. AWARD OF BIDS AND CONTRACTS:
A. Award Contract to perform Comprehensive Pavement Management
Study to Infrastructure Management Services of Illinois in the
amount of $26,045 with funding from 1988-89 Resurfacina FundR
Agenda
Meetinq of 2/28/89
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from Account 001-4121-572-60.89 (Park. . Recreation Playgrounds
and Playfields- Capital Improve.ent- Other).
D. Authorize Florid.. Power and Light to install padmount
transformers for golf eourse wells 19, 10, 11, 12 and 14, and
payment in the amount of $21,576, fro. Account No.
441-5163-536-60.71. .~-',~ .~..
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38. Comments and Inquiri....on Non-Agenda Ite..:
A. Commission
B. City Attorney
C. City Manager
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. MEMORANDUM
TO:
FROM: CITY MANAGER
SUBJECT: AGENDA REPORT RUARY 28 . 1989
DATE: February 24, 1989
PUBLIC HEARINGS, , .. . '. ......."..01.. " ~~...~.i~.,..,...
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Item No. 4 (Ordinance No. 8-89) Rezoning Request - Auburn:' . "0",
This is an Ordinance executing City initiated rezoningonp~ .~Y
located on the west side of S.W. 8th Avenue, between S.~...,. 4 'and
S.W. 7th Streets extended westward, from R-1A toRM .to accommodate
construction of low to moderate income housing units; This rezoning
was initiated by the City Commission in December 1988 concurrent with
selection of the Auburn Trace Joint Venture as developer for this
project. Upon enactment of this Ordinance the total area of the
proposed project (38 acres) will be zoned RM.
The Planning and Zoning Board at its meeting of January 23rd
recommended approval.
Recommend approval of Ordinance No. 8-89 rezoning property designated
for the Auburn Trace housing pro;ect from R-1A to RM.
Item No. 5 (Ordinance No. 10-89) Rezoning - Enclave 24. This is a
City initiated rezoning which follows annexation of Enclave 24.
Ordinance No. 10-89 has been amended subsequent to first reading to
reflect th~, zoning designation change to Lots 3 and 4, Block D, La
Haciend/l;;';.p~"iding ,for that property to' remain' GC. At, the time of
annexatio.n......~.everal property owners questioned the initial City zoning
designaticr "; -In order to facil1 tate the timely processing of the
annexatiolll" :..taff recommended that City initiated rezoning be done
following completion of the annexation. This action provides that the
City will pay filing fees and other costs associated with rezoning
requests.
The proposed zoning changes are: Lots B through E, ltenmont., froB'R-1A
to CF i Lots 8 and 9, Block 1, ltenmont from LI to GC 1: Lots 10 through
12, Block 1, ltenmont, from R-1A to RM-6i Lots 8 through 10, Block 2,
Kenmont, from GC to RM-6i Lots 12 and 13, Block 2, ltenmont, from: R-1A
to RM-6i Lots 14 through 23, Block 2, ltenmQnt, from R-1A to R-1A-Ci
Lots 26 through 28, Block 2, Kenmont from Rl-A to RM-6i Lot 1,
Eastview, from GC to RM-6i Lots 2 through 4, Eastview f~om R-1A to
RM-6i Lot 5, Eastview, from R-1A to RM-6i Lots 6 through 8,' Eastview
from R-1A to RM-6i Lot 9, Eastview, from R-1A to RM-6i Lot 10,(the
east 10 feet), Eastview, from R-1A to RM-6i Lot, 4, Block C, La
Hacienda, from GC to RM-6i Lot 5, Block C, La Hacienda from R-1A to
RM-6i Lot 6, Block C, La Hacienda from R-1A to RM..6i Lots 5, 6, 33,
34, & 35, Block D, La Hacienda, from R-1A' to RM-6i " Lots 4,5, and 6,
Block E, La Hacienda from Rl-A to RM-6r Lots 6'through'15, Block A,
Royal Palm Gardens Plat #3 from R-1A to RM~6; Lot~ 8 through 11, Block
B, Royal Palm Gardens Plat #3, from ART to RM-6; Lots 12 through 15,
Block B, Royal Palm Gardens Plat #3 from R-1A to RM-6i South 137 feet
of west 395 feet of Block 3, Revised Plat of Royal Palm Gardens from
R-1A to RM-6i Lot 6, Block A, Snow Hill from R-1A to RM-10i Lot 7
(west half), Block A, Snow Hill from, R-1A to RM-10i Lot 6 and part
of 15 ft. alley, Block B, Snow Hill, from R-1A to RM-l0i Lot 7,
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AGENDA REPORT
Meeting of February 28, 1989.
Block B, Snow Hill from R:-1A to RM-l0i Lot 8 (west half), Block B,
Snow Hill, from R-1A to R.III...O andi West 340.32 feet of the east
970.16 feet of Lot 1, Harry'Seemiller Subdivision, from ART to RM-6.
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The Planning and Zoning Board at it's January 23rd meeting recommended
approval of the rezoning action.
Recommend approval of Ordinance No. 10-89 rezoning properties in
Enclave 24.
FIRST READINGS
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Item No. 9 (Ordinance No. 11-89) This, isa; F1'rst Rea:, n
Ordinance amending Title 7 "Traffic Code." ,and! Chapter ~;P
Schedules" , "Schedule I, Two Hour Parking Zones" to prov!i!,' ~i
hour parking zones in "on-street" parking areas andtfour hplii",..,
limits in City owned parking lots. This Ordinance is consistent'
recommendations made at your February 7th workshop meeting.
Recommend approval of Ordinance No. 11-89. -!" '.
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Item No. 10 (Ordinance No. 12-89) Change Out Permit Pees'. This is
a First Reading of an Ordinance amending the Code of Ordinances to
provide for "change-out" permits. Change-out permits will be" issued
for repair or replacement of minor components, including, but not
limited to, water closets, lavatories, tubs, showers, sinks, water
heaters, air-conditioning condenser units, air-handlers, heat strips,
minor duct repair, electrical fixtures, electrical service upgrades,
pool pumps, irrigation pumps and accessories. In the past these were
issued permits at the same rate as major components. This proposed
change will bring us in line with surrounding..municipalities.
The fee for a change-out permit is preliminarily proposed as a flat
$35.00., Statt'. has, reviewed the fiscal impact of the propOsed "flat
fee" rate~nd estimates that revenues generated from permit fees will
be reducec!r.by~",' approximately $16,000. On the other hand with the
reduced permitting fees, the incentive for compliance should increase
thereby increasing the number of permit issued. Additionally, it is
recommended that the $35.00 fee only apply to repairs or replacements
with an estimated value of $1,000 or less. An effective date of
1 October 1989 has been tentatively suggestd.
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Recommend consideration of Ordinance No. 12-89.
Item No, 11 (Ordinance No. 13-89) This is a First ' Reading of an
Ordinance amending Chapter 99 "Noise Control" of 'the Code of
Ordinances by adding Subsection 99.04 (A) (1) . This Ordinance
regulates the play or operation of radios, musical instrUlllents,
phonographs, or other machines or entertainment devices for the
producing or reproducing of sound. If the (entertainment) sound can
be heard more than 50 feet away from its source in a pUblic or outdoor
area or 100 feet away from its source withinca building or structure
or the property boundary whichever is greater. These restrictions
also apply to automobiles. >#"
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Recommend approval of Ordinance No. 13-89.
REGULAR AGENDA
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AGENDA REPORT
Meeting of February 28, 1989.
Item No. 12 Request for W~iver of Site and Development' Plan Approval
provisions of the Code ~lgrdinances. Crystal Ice, represented by
Frank C. Snedaker, Jr'. "S requesting a waiver of processing
requirements for site and development plan approval. The City
Commission previously approved their current site plan in,Oatober 1987
for a 12 month period. Under normal circumstances, because no
construction had begun, this approval would be 'considered void.
Reconsideration of the development plan would normally require ,new
processing fees, new submission, C.A.B. and P ,.~Z Board reviews,
along with full staff distribution and comment. i
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The construction delays which prevented movement onithis_eo~;.w,.re
'.yo"" tho o~m "ntrol .... 1nvo1."" both tho Cltt,.... """'1='
land owner. For this reason and because ther,e ,ha"e l:l!lP'n'Cl~e
amendments since October 1987 which impact thi.:sp.c~fic~~~.~ ~.~~
plan, consideration of this waiver is war.ranted. ~I.n o:r;~~i!Z.'t.f.! ~-tJi.
wai ver to be qranted a public hearinq must be s~!l.e~ufe,~" ", '
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Recommend consideration of waiver of site and development processinq
requirements at a public hearinq to be scheduled March 28th.
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Item No. 13 Consideration of Award Bid - City Hall Expans ion,
Project to Low Bidder Sessoms/Grice. Bids were received for
construction of City Hall im~rov~ments. The low bi~waasubmitted by
Sessoms/Grice at a cost of 2,637,885. To this figure architectural
fees totalling $300,030 must be added.
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Bids are being reviewed to see whether any reductions can be cost
effectively recommended. Previously $1,500,000 had been committed to
this expansion project in a bond issue. An additional $850,000
interim financing has been proposed and an additional amount (to be
identified) exists in the form of interest earnings. This information
will be presented to you Tuesday evening at which time direction from
the Commis.~on can })e given. 1:
Item ~~. i'~> CDntract between the City and'Waste Management of Palm
Beach'. The' City , staff and staff of Waste Management of Palm Beach
County have negotiated an agreement which inclu~~s, provisions to
initiate a recycling program in the City pursuant to discussions held
at your previous workshop meetings. At the same tim4i!yWaste Management
has sought an extension of their current contract , throuqh September
30, 1994. In exchange Waste Management, has agree4"to provide trash
removal services for City owned properties at no cost to the City
beginning October 1, 1989.
We believe this to be an agreement which is advant$qeous to the City
and recommend it's approval to you. The specific contract document
was still being drafted on Friday. It will be delivered to you
Monday.
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Recommend a roval of a contract bein the Cit and Waste Mana ement
0 Palm Beach County to prov de trash remova services includ nq a
recyclinq proqram. , f,'
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Item No. 15 Recommendation for ApprovalotSpeoial Warranty Deed
Language- Old School Square Property. The City Attorney's office is
preparing language which we believe is acceptable tQ.'the City and the
Palm Beach County School Board. The agreed upon terms will be
available by TuesdaYi, possible earlier on Monday.
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AGENDA REPORT
Meetinq of February 28, 1989.
Item No. 16 Appeal of PeFmit Review Committee Decision Re. Landlord
Permit- Sadaqat Jaweed. Th~.~appeal involves a dwelling at 114 S.W.
2nd Street., In 1986, Mr:Jaweed was cited for having a multi-family
dwelling unit located in a^single family (R-1A) zoning district. Mr.
Jaweed believes that his dwelling is a legal, non-conforming use in
that he believes it to have been used for multiple family dwelling
purposes since the 1940's.
In 1988, Mr. Jaweed applied for a landlord permit and was denied based
on his non-conformance as well as the fact that the units had been
vacant for a period in excess of six months. The Permit Review
Committee met on January 13th at which time his appeal!,:Y~",~ltQ::l.e.d.
Pursuant to Section 117.04 of the City Code Mr. Jaweed iS~~ ' "., ''''to
appeal to the City Commission which he has done. ". ",' ,''';,'' '"
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Recommend consideration of Sada at Jaweed' s ' a ealiif'-"'O.- n
administrative staff denial of a landlord perm t.
Item No. 17 Appointment of Two Regular Members and One Alternate
to the Board of Adjustment. Three of, the seven members appointed to
the Board of Adjustments have terms which will expire on Maroh 15th.
We received applications from the following:
Mark David (Alternate)*
David Klarer*
Mark Krall
Madeline Pulitano
Steven D. Rubin*
Charles Toth (1)
*Incumbents who are eligible and have requested reappointment.
( 1) Presently serving as a member of the Code Enforcement Board.
Recommend a roval of a ointment to two re ular, members and one
alternate mem er to the Board 0 Ad ustments or terms en n 15 Marc
1992. ~",.." ..
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Item No. 18 Appointment of Two Alternate Members to the Community
Appearance Board. The terms of two alternate members to the Community
Appearance Board expire March 8, 1989. We received applications from
the following:
Sandra W. Almy (1)
Richard Eckerle*
Alice Finst (2)
Mark Krall
Ann Pearson*
Norman B. Radin
Mildred Scherer
Desiree L. Snyder
Rett Talbot
Charles Toth (3) ;,;.;;.;;:";
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*Incumbents who are eligible and have requested reapPQintment.
(1) Presently serving as a member of the Civil'ServiC&'Board.
(2) Presently serving as a member of tha Historic Preservation Board.
(3) Presently serving as a member of the Code Enforc~ment Board.
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Recommend approval of two alternate members to:' the" Community
Appearance Board for terms ending 8 March 1990.
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AGENDA REPORT
Meeting of February 28, 1989.
Item No. 19 Appointment of1~~anagement Representative to the Public
Employee Relations Commi$sion (PERC). The incumbent, John Saracino,
has served as Management R-epresentative to our local PERC sinc,e 1976
and has requested reappointment. There are no other applications on
file.
Recommend a roval of a ointment of a Mana ement Re_resentative to
the Publ c Employee Relations Commissions for a term endinQ March 3;
1993.
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It.. Wo. 2. Mayor'. 'ppoi.....t 0' One M....r to ... ~...
Commi ttee '., " . ',: "
Item No. 21 Grant Application- After School Care' li'~~~;am. /l'h"'" ;:,.
recommendation to submit a grant application to the Childre '"S:, lea
Council for funding of the Park and Recreation,;" Atter School
Recreation/Child Care Program. The grant application is in the amount
of $154,652 which will offset 73% of the total $210,459 program cost.
During this fiscal year we will be receiving $11~,3&4 in grant
assistance. This application will allow us to expand' services from
250 up to 350 children with a daily enrollment increase frolll
approximately 190 up to approximately 250. Funding will provid~ ,for
personnel and operating costs of the program.
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Recommend a roval of a the Children's Service
Council in the amount C t 's A ter School
Recreation/Care proqram.
Item No. 22 Distance Restrictions - 211 S.E. 10th Street. This
request involves a proposed neighborhood facility for abused spouses,
expectant mothers and offices for Birthline' and Respect Life. This
usage is permitted except that the proposed location is'less than 1500
feet fro. ".the, Golden Paradise Retirement Home and another similar
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The propose4 buyers intend to bring the building into full compliance
with all City Codes. Staff believes the usage and improvements will
be beneficial to the neighborhood which is on the edge of the Silver
Terrace subdivision. ~~,"
Two avenues are available to the applicant. An application for relief
can be submitted to the Board of Adjustment or the Commission can
change the zoning code to reduce the distance between similar
facilities. There may be other options as,well developed should this
matter be considered by the Planning and Zoning Board. The applicant
will be in attendance Tuesday evening to discuss this request.
Recommend consideration of a request to use property,at 211 S.E. 10th
Street for the purposes stated above.
Item No. 23 Wilson Property Exchange. Mr. 'and Mrs. Rod Wilson own
property at 610 N. Ocean Boulevard. They plan to subdivide the parcel
into three lots and are in the process of replattingthe parcel. In
order to meet all of the requirements for R-1AAJW'zoninq:they' have
requested that the south 10 feet of their parcel, whioh had formerly
been conveyed to the City for right-of-way for municipal beach
purposes, be conveyed back as part of the property they now:;;:,,()wn. The
south 10 feet is not currently being used by the CitY"""'~;i
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AGENDA REPORT
Meeting of February 28, 1989,
There are other options available to the Wilson's however this appears
to be the most expedient~f~the view of City staff and the City
Attorney's office. At the" 'same time, should this conveyance be
approved, the City shoula .review our access road at the north end of
the beach to provide a more effective wind and sand barrier, curving
the entrance similar to that which is in place elsewhere along the
beach.
Recommend consideration of the request from Mr. and Mrs. Rod Wilson at
610 N. Ocean Boulevard.
Item No. 24 Interim Financing for Short Term Capital P,l:ojectlJ .,. A
,u...ry 00.. 'roo th, Finao" Dire,tor re.erdi.. tho .....t ill....
financing for short term capital projects is enclosed in yourpket.
Additionally a draft agreement from Mudge Rose, our bond ',coun .,t5r,i.
enclosed for consideration. .: ,., ~?"y;;,
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Quotations were received from local banks and bond underwriters to
provide financing for identified short term capital project.. These
quotations were received at 2:00 p.m. on Friday and will analyzed for
presentation at your Tuesday evening meeting.
Recommend a ointment of Mud e Rose as bond counsel, Dean Witter
Reynolds as Finance Advisor and a draft agreement prepared by Mudge
Rose.
Item No. 25 Initiation of Annexation Along North Federal Highway.
Consistent with general discussion aired last year, we are now ready
to annex eligible parcels that were not included in the Enclave Act.
The first area to be addressed are the parcels remaining along North
Federal Highway. Approximately twenty property ownerships are.
involved. Four ownerships fall under the purview of water service
agreement provisions which provide for voluntary annexation. The
other pro~,~~:ty, owners have indicated their individual desires to
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Recommend':;' ''d~~is~1on authorization to proceed with voluntary
annexations in the North Federal Hiqhway area.
CONSENT AGENDA
Item No. 26 Sponsorship of Carver Middle School Grant Application.
Mr. Kent Heitman, Assistant Principal at Carver Middle School has
requested that the City sponsor their grant application to the
Children's Services Council. The grant, $140,740, is for a proposed
evening child care program which will allow parents to attend college
and other classes.
Recommend Commission sponsorship of Carver Middle School's qrant
application.
Item No. 27 Change Order No. 1- Homewood Boulevard. This Change
Order is for the addition of 170 cubic yard of fill, an increase of
$1,428.00 and to provide an additional Shady Lady Black Olive for the
median closest to Lowson Boulevard an increase of $210.65. This is a
total increase of contract of $1,638.65 with funding from Account
333-4141-572-61.15.
Recommend a~proval of Chanqe Order No. 1 in the amount of $1,638.65
with funding from Account 333-4141-572-61.15.
- 6 -
.
'", ". ,
1;;?ly'
~.~~""'l~" , !t,,:,... .' ,,;.
" "'-.''-.''',
AGENDA REPORT
Meeting of February 28, 1989.
Item No. 28 Change Order ".wO. 1 and 2- Barwick Park Improvements.
Change Order No. 1 is tp Install two additional reinforced concrete
columns in the restroom-building as required b~ the building
department. This is an increase in contract price of 480.00. Change
Order No. 2 is to increase the size of the restroom septic tank from
750 gallons to 900 gallons. This is an increase in contract price of
$347.00. Funding is available for both these changes in Account No.
117-4165-572.60.69.
Recommend a roval of Chan e Order Nos. 1 and 2 in the amount
tota n 927.00 w th fund in rom Account No. 17-4165-57~60.
.~-'
~. ' , , ~~-. ,..
J .'." '.,', '
Item No. 29 Appointment of a City Representative, to the M-.ttr9P.
Planning Organization's Technical Advisory Committee. The'C
authorized one representative to this commi~tee, whose purpo..
review and develop long range plans for transportation systems in Palm
Beach County. Previously, the City Engineer has filled this position.
Recommend a ointment of Gates Castle. Interim Cit; En...ineer. as the
City's representative to the MPO's Technical Advisor Commi tee.
Item No. 30 Tent Permit- Delray Harbor Club. Delray Harbor has
requested temporary tent permits be issued for eight tents. This
request is to accommodate an auction which will be held at the Delray
Harbor Club on March 18, 1989. Tent will be erected March 16, 1989
and removed on March 20, 1989.
Recommend approval of temporary tent permits for eight tents for the
Delray Harbor Club.
Item No. 31 Tent Permit- Sherwood Honda. Sherwood Honda has
requested a temporary tent permit be issued. The tent will be on site
from March ;7~ 1989 to April 3, 1989.
'';fi'~ ,. !,.\.;,;
Recommend a~proyal of a temporary tent permit for Sherwood Honda.
Item No. 32 City Auction - Approval of Inventory List; The City's
Administrative Policy and Procedures provides that an inventory list
of surplus property be provided and approved by the, City Commission
prior to advertising an auction. The inventory list is attached as
the backup material for this item. A tentative auction date 'has been
selected, Saturday, April 8th SUbject to Commission approval.
Recommend approval of surplus property auction list and establish
April 8th as date for auction.
Item No. 33 Resolution No. 8-89. This item is a Resolution
assessing costs for abatement action required to remove an unsafe
building on property at 319-321 N.W. 8th 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 $1,746.80 remains
unpaid. ~ "
t~~,,~
,
Recommend approval of Resolution No. 8-89 assessincricosts for abatinq
an unsafe bUildinq within the City. ~.~':r:::'"
Item No. 34 Resolution No. 9-89. This item is a Resolution
assessing costs for abatement action required to remove an unsafe
building on property at 1108 Germantown Road. The Resolution sets
- 7 -
.
AGENDA REPORT
Meeting of February 28, 1989.
forth the actual costs incu4red and provides the. mechanism to attach a
lien on this property in th~".vent the assessment of $2,571.80 remains
unpaid.
Recommend approval of Resolution No. 9-89 assessing costs for abatinq
an unsafe building within the City.
Item No. 35 Resolution No. 10-89. This item is a Resolution
assessing costs for abatement action required to remove an unsafe
building on property at 707 S.W. 8th Court. The Resolution sets
forth the actual costs incurred and provides the mechanism to attach a
lien on this property in the event the assessment of $919..,60 remains
unpaid. ::ci,~'
Recommend a roval of Resolution No. 10-89 assessin
an unsa e bUilding within the City.
Item No. 36 Resolution No. 11-89. This is a Resolution assessing
costs for abating nuisances upon five properties throughout the City.
The Resolution sets forth the actual costs incurred and provides the
mechanism to attach a lien on these properties in the ,event the
assessments remain unpaid.
Recommend approval of Resolution No. 11-89 assessing costs for abatinq
nuisances on five properties within the City.
Item No. 37 AWARD OF BIDS AND CONTRACTS:
A. Award Contract to perform Comprehensive Pavement Management
Study to Infrastructure Management Services of Illinois in the
amount of $26,045 with funding from 1988-89 Resurfacing Funds
Account 334-3162-541-60.53.
B. Bid Award- County Co-op Bids- Gasoline and Diesel Fuel.
Award Bid, for, one year, to low bidders through Palm Beach County
cooperative purchases. Estimated annual cost is $155,000 with
funding to come from various user department's operating budget
accounts XXX-XXXX-XXX-35.51 (Gas, oil and lubricants).
C. Bid Award- Mobile Stage Platform to low bidder
Hunter-Knepshield Company in the aMount of $27,996 with funding
from Account 001-4121-572-60.89 (Parks & Recreation Playgrounds
and Playfields- Capital Improvement- Other).
D. Authorize Florida Power and Light to install padmount
transformers at the golf course wells for $21,576 with funding
from Account No. 441-5163-536-60.71.
- 8 -
- -
f~\ \'1}
CITY OF DELRAY BEACH
CITY HALL EXPANSION
REPORT ON BIDS RECEIVED AND )t
RECONCILIATION OF LOW BID ~
WITH ESTIMATE NUMBER 3 c;, \. ~
'r'"
P
{52 u.~1 /
XL~?p
\.,'\) )~
\
DIGBY BRIDGES, MARSH & ASSOCIATES, P.A. Il \'
22 FEBRUARY 1989
,
CITY OF DELRAY BEACH
CITY HALL EXPANSION
REPORT ON BIDS RECEIVED AND RECONCILIATION OF LOWEST BID WITH ESTIMATE t 3
I BID COMPARISONS
The bids as shown on page 3 were recceived.
The following Contractors collected documents but did not submit a
bid: (i) Laroche
(ii) Performance
(iii) R.P.M.
II RECONCILIATION OF LOWEST BID (SESSOMS GRICE) WITH ESTIMATE t 3
$
Amount of Lowest Bid including arcade and all Alternates 2,637,885
Amount of Estimate # 3 2,150,000
Difference between Lowest Bid and Estimate No.3 " $ 487,885
Items not included in Estimate No.3, but included in Bid. $
(i) Parking - Alternate # I 103,777
(ii) Fire Sprinkler System to Existing Building -
Alternate # 3 56,777
(iii) Lock Block in Lien brick paving to arcade -
Alternate # 4 15,777
(iv) Five water main and hydrant - Alternate #5 23,777
(v) Carpeting 2100 Sq.Yd. @$18.00 38,000
(vi) Replacement Generator and new Fuel tank
and Monitoring Wells 75,000
(vii) Area of building adjacent to existing North wing,
incorporating Rooms 131,132,l33,134,135,135A and
148 1300 SQ.FT> @ $70.00 (say) 91,000
(viii)Commissioners Chairs 10,OOO
Page 1
(ix) Allowance for widening Stairs 20,000
(x) Contingencies 50,000
(xi) Picture Framing Allowance 2,000
(xii) Three Flagpoles - 1 allowed in Estimate 2,000
Reconciliation Total $ 488,108
The Reconciliation Total of $488,108 concurs with the
differential between Estimate # 3 and Low Bid oJ: $487,885
Page 2
DELRAY BEACH CITY HALL EXPANSION
BID ANALYSIS AND COMPARISON
CONTRACTOR BASE BID ALT 1 ALT 2 ALT 3 ALT4 ALT 5 TOTAL TOTAL
PARKING ARCADE FIRE LOCK FIRE EXCLDG INC.
NORTH SPRINK BLK WATER ALT' 2 ALT' 2
EXISTG ARCADE
1. SESSOMS
GRICE 2,437,777 103,777 (139,000) 56,777 15,777 23,777 2,637,885 2,498,885
2.MOOW
ASSOC 2,549,000 97,105 (2l2,185) 64,471 4,000 53,000 2,767,576 2,555,391
3.SPIRIT 2,617,856 90,000 (185,000) 73,000 12,000 75,000 2,867,856 2,682,856
4.MILNE
NICHOLLS 2,647,000 119,700 (57,300; 19,800 9,995 49,900 2,846,395 2,789,095
5.ROEP- 2,660,000 95,500 (203,000) 74,235 14,230 24,73l 2,868,696 2,665,696
N1\CK
"
Page 2
Suggested methods of reducing Bid Amount - $
l. Delete arcade and walkway 139,000
2. Delete North Parking 103,777
3. Delete Lock Block Paving 15,777
4. Delete new commissioners chairs 10,OOO
5. Delete Allowance for widening existing stairs 20,000
6. Delete Contingency Allowance 50,000
7. Delete Picture Framing 2,000
Total $340,554
$
Amount of Bid including Alternates 2,637,885
Deduct
Total of reductions shown above 340,554
- Amount of reduced Bid $2,297,331
Page 4
DELRAY BEACH CITY HALL - EXPANSION
Further amounts to be added to low bid for items to be purchased direct
by City of Delray Beach:
1. Audio visual installation in Council Chambers 94,000
2. Copy Stand 30,000
3. Video Projector 11,000
4. VCR 1,000
5. Remote Controls 6,000
6. Sound System 25,000
7. Cabling for Voice/Data 29,000
$196,000
Add
Professional Fees: 8% 15,680
TOTAL $211,600
Not.e:
Items 6 and 7 above, totaling $54,000, excluding Professional Fees,
are the only two items from the above list which are actually re-
quired for the completion of the project.
Page 5
.
MEMORANDUM /tfii;J 1(- A-
TO: Honorable Mayor and City Commission
THRU: Walter O. Barry, City Manager
FROM:~obert A. Barcinski, Asst. City Manager/Community Services
Old School Square, Inc.
DATE: February 28, 1989
SUBJECT: Consideration of Termination
Abell-Garcia Contract
City Commission is requested to amend the agenda and consider a request
to terminate the Abell - Garcia Contract as amended dated
February 12, 1988, and authorize staff to negotiate a settlement. The
termination would be considered under the cause or convenience
provisions of the contract as may be determined by the City Attorney.
Commission is also requested to transfer the balance of the contract
amount ($45,375.06) to Old School Square, Inc. and authorize Old School
Square, Inc. to enter into negotiations with Currie Schneider &
Associates and to consult with other local architects to complete plans
and specifications, bid documents and assist in the bid process. Old
School Square, Inc. would pay any balances due Abell-Garcia. The
amount of the contract with Abell - Garcia is $102,947. Payments in
the amount of $57,571.94 have been made to date. Another $30,859.53
has been billed, total $88,431.47.
The scope of services to be provided by Abell - Garcia included design
and completion of documents for bid by 2/28/89 for the renovation of the
1913 building, for minor improvements to the 1926 building and site
plan. Documents have been prepared, but are not adequate or sufficient
which would enable the documents to be used for bidding purposes by
3/1/89.
It has been the intent of the City and Old School Square, Inc. to
evaluate the architect and make a dec'ision concerning contract extension
for construction management services. Do to delays in delivery of the
final product and the apparent inadequacies in the bid document, a
recommendation is being made to terminate and negotiate a settlement.
This action is requested in order to meet bidding requirements and dead-
lines as required by the State approvals.
RAE/sfd
r .11
('
. '1/ )
Ii 1/1
TO: Mr. David Huddleston
Re: City of Delray Beach, Florida -
Comparison of Financing Proposals
.
The memorandum will briefly discuss two competing financing
proposals made to the City:
Proposals:
(1) Sun Bank - $5,000,000, 3 year, 7.25% monthly adjustable
rate proposal, with Prudential Bache - $5,015,000, 2 year,
6.75% fixed rate proposal; and
(2) Sun Bank - $5,000,000, 3 year, 7,48% monthly fixed rate
proposal, with Prudential Bache - $5,015,000, 2 year, 6.75%
fixed rate proposal.
Assumptions:
(1) The adjustable rate loan will remain constant throughout
the term of the debt;
(2) date of issuance will be April 1, 19B9; and
(3) yield is the percentage at which the present value of the
cash outflows will equal the initial loan amount.
Calculations I
Proposal 1
Sun Bank
D.at.e. Cash Outf lows P.V. Factorl P. V of Outflovl..6.
4/1/89 7,000 1.000000 7,000.00
10/l/89 l81,250 0.9647723 l74,864.97
4/l/90 181,250 0.9307855 168,704.88
10/1/90 181,250 0.8979961 162,761.78
4/1/91 181,250 0.86636l7 157,028.06
10/1/91 181,250 0.8358417 151,496.31
4/1/92 181,250 0.8063969 4,178,144.00
6,094,500 5,000.000.00
lBased on a yield of 7.3028087248%
Prudential-Bache
IlaU. Cash Outflowli! P.V. Factor2 P.V. QC-Qutfl~
4/1/89 56,373.75 1.000000 "6,373,75
10/1/89 169,256.25 0.9644842 ,[,3,244.98
4/1/90 169/256.25 0.9302297 157,447.20
10/1/90 169,256.25 0.8971919 10'1,855.33
4/1/91 5/184,256.25 0.8653274 4,t. d1i.L078. 75
5,748.398.75 5...J); h 000.00
2Based on a yield of 7.3647284862%
Proposal 2
Sun Bank
~ Cash Outflows P,V. Factor3 P. V, 9-_0utUows
4/1/89 7,000 1.000000 7,000.00
10/1/89 187,000 0.9637021 180,212.30
4/1/90 167,000 0.9267216 173,570.97
10/1/90 l67,000 0.8950111 167,367.08
4/1/91 187,000 0.8625241 l51,292.01
10/1/91 187,000 0.8312l63 l55,437.46
4/1/92 5,187,000 0.8010450 4, l?_5.,L020 .18
6,12c)/00p l&Oti-,-OOO.OO
3Sased on a yield of 7.533008107%
Prudential-Bache
Same as proposal 1, Yield equals 7.3647284862%
Sl1llllllaryt
What these calculations do is take the ca,,;-, outflows for
each year and present value them such that the present value of the
outflows will equal the initial loan amount. The r~te of interest
which when we take its present value will allow the oll'flows to equal
the initial cash amount represents the cost (or yield) to the
borrower.
Sun Bank's adjustable rate loan shows the lowest cost to
the borrower (7.30%), followed by Prudential-Bache (7.36% ), and
lastly, Sun Bank's fixed rate loan (7.53%).
-2-
Caveats:
(1) The calculation for Sun Bank's adjustable rate debt assumed
the rate would remain at 7.25% throughout the term of the
debtl
(2) Prudential-Bache is quoting based on a 2-year loan, while
Sun Bank is quoting for 3-years. It is likely that had
Prudential-Bache quoted for 3 years the rate would be
higher. If the City needs the funds for 3 y~ars, it may be
required to refinance at a rate undeterminable at this time
for that third year.
(3 ) Prudential-Bache is quoting on a loan of C5,Ol5,OOO com-
pared with $5,000,000 for Sun Bank. If Prudential-Bache
was to loan only $5,000,000 on the same terms, the yield
would be 7.3652227895%.
-3-
...------
MUDGE ROSE GUTHRIE ALEXANDER & FERDON~ 2/ ~
I-71J
SUITE 900. NORTHBRIOGE CENTRE 180 ......IDEN L.ANE.
NltW YORK, NEW YORI'!: 10038
515 NORTH FLAGLER DRIVE 212-!llO-7000
-
.HZl K STREET. N.W.
WEST PALM BEACH, FLORIDA 33401 WASHINGTON, D.C. 20037
- 202-428-835$
RICHARD J. MILLER -
407-650-8100 SUITE 2020
PARTN ItR TELECOPIER: 407-833-1722 ~,~j.... 333 SOUTH GRAND AVENUE
TELEX. WU!S14B47 ..... .-" )-1',.>',:;-..... L.O!l ANGELES, CA!..,,.. 80071
~ '-.;.'! -<"j::; 213-813-1112
"",-;' '., ..\ ," ... ",,'1 -
C. ./ t';" "'-\.,,,,-, i :::'/:.V-.... 12, RUE DE LA PA.'X
"~,;':.,~;) " 75002. "',,'US, l""RANCE
(I) 42. IS.. 57.71
. ~''".''1c;}
February 22, 1989
Line of Credit Agreement r
of the City of Delray Beach, Florida
TO ALL PERSONS ON THE ATTACHED DISTRIBUTION LIST:
Enclosed herewith please find a draft copy of a
Line of Credit Agreement in connection with the proposed
financing of various public facilities of the City of Delray
Beach, Florida.
Your comments in connection with this proposed
Line of Credit Agreement will be greatly appreciated.
Ve.y ~u.;.
Rich rd J. ~iller
RJM/map f..
Enclosures .
Delray/D2
DISTRIBUTION LIST
David r4. Huddleston
City of Delray
Finance Director
100 N.W. 1st Avenue
Delray Beach, Florida 33444
Walter Barry
City of Delray
city Manager
100 N.W. 1st Avenue
Delray Beach, Florida 33444
Herbert W.A. Thiele, Esq.
City Attorney
Office of the City Attorney r
310 S.E. 1st street
Suite 4
Delray Beach, Florida 33483
"-
.
#17
LINE OF CREDIT AGREEMENT #20
Il.ETWEEN #22
CITY OF DELRAY BEACH. FIORIDA #24
!!s 'the Issuer #25
MID #27
#29
!!s the Bank #30
I #32
Dated as of March 1, 1989 #34
#36
L
.
~4348.22.2788.01:1 #10
'fABLE OF CONTENTS #711
Paqe # (711)
ARTICLE I #713
DEFINITION OF TERMS # (713)
l2.ECTION 1. 01. Definitions. . . . . . . . . . . . . . 2 #713
l2.ECTION 1.02. Interpretation. . . . . . . . . . . . 4 #713
l2.ECTION 1.03. Titles and Headings. . . . . . . . . . 4 #713
ARTICLE II #713
REPRESENTATIONS, WARRANTIES, AND COVENANTS #(713)
l2.ECTION 2.01. Representations by the Issuer. . . . . 5 #713
l2.ECTION 2.02. General Representations, #713
Warranties and Covenants of the # (713)
Bank. . . . . . . . . . . . . . . . . 6 # (713)
l2.ECTION 2.03. Tax Covenant. . . . . . . . . . . . . 6 #713
l2.ECTION 2.04. Covenant as to Issuance of [ #713
Additional Debt. . . . . . . . . . . . 6 #(713)
l2.ECTION 2.05. Covenant to Budget and #713
Appropriate. . . . . . . . . . . . . . 7 #(713)
l2.ECTION 2.06. [Reserved] . . . . . . . . . . . . . . 7 #713
l2.ECTION 2.07. Negative Covenants. . . . . . . . . . 7 #713
l2.ECTION 2.08. Payment Covenant. . . . . . . . . . . 8 #713
ARTICLE III #713
ISSUER'S OBLIGATION, DESCRIPl'ION, PAYMBN'l' # (713)
TERMS , OPl'IOHAL PREPAYMENT #(713)
l2.ECTION 3.01. Notes Not to be Indebtedness of #713
the Issuer or County. .... . . . . 9 #(713)
12.ECTION 3.02. Description and Payment Terms of #713
the Notes. . . . . . . . . . . . . . . 9 #(713)
l2.ECTION 3.03. optional prepayment . . . . . . . . .10 #713
"-
ARTICLE IV . #713
REQUISITIONS FOR DRAWING; AND OTHER CONDITIONS # (713)
::.i- #708
~ABLE OF CONTENTS, Continued #712
Paqe # (712)
A,RTICLE V #713
EVENTS OF DEFAULT # (713)
ARTICLE VI #713
MISCELLANEOUS # (713)
g,ECTION 6.01. Amendments, Changes or #713
MOdifications to the Agreement. . . .16 # (713)
g,ECTION 6.02. Counterparts. . . . . . . . . . . . .16 #713
g,ECTION 6.03. Severability. . . . . . . . . . . . .16 #713
g,ECTION 6.04. Term of Agreement. . . . . . . . . . .16 #713
g,ECTION 6. 05. Notice of Changes in Fact. . . . . . .16 #713
g,ECTION 6.06. Notices. . . . . . . . . . . . . . . .l6 #713
g,ECTION 6.07. Applicable Law. . . . . . . . . . . .17 #713
Q,ECTION 6.08. Attorney Fees and Related Costs. . . .17 r #713
g,ECTION 6.09. Incorporation by Reference. . . . . .17 #713
~xhibit A Project Description . . . . . . . . . 1 #713
~xhibit B Form of Note . . . . . . . . . . . . . 1 #713
~xhibit C Form of Requisition . . . . . . . . . 1 #713
t-
o
::.ii- #708
'rhis LINE OF CREDIT ~ (the "AyL eD""~") is made and #40
entered into as of March 1, 1989, by and Letween the city of Delray #41,42
Beach, Florida, a municipal corporation in the County of Palm Beach, 1143
state of Florida, ~d its SUOOBSSQrs and assigns (the "Issuer"), and #44
Bank, a national banking corporation ~ its succes- #45,46
sors and assigns (the "Bank"), #(46)
WIT N E SSE T H: #49
NHEREAS, the Issuer is authorized by the provisions Qf the #52,53
Charter of the city of Delray Beach, Florida, as amended and ~upple- #54
mented, the Florida Constitution, Chapter l66, Florida statues, ~s #55
amended and supplemented, Section 2l5.431, Florida statutes, as #(55)
amended and ~upplemented and other applicable provisions of law (the #56
"Act") :!;,o, among other things, acquire, construct, equip, own, sell, #57
lease, operate ~nd maintain yarious public facilities to promote the #58,59
welfare and economic prosperity of :!;,he residents of the City of #60
Delray Beach, Florida ~nd to contract debts for the acquisition or #61
construction of such public facilities Qr for any other public pur- #6i
pose, to borrow money, to make advances, ~nd to issue bonds or other #63
obligations to finance all or any part of ~uch acquisition or con- #64
struction or in the carrying out of any other purposes of the~. #(64)
NHEREAS, the Issuer finds it necessary and in the b t #65
interests of the City of Delray Beach, Florida :!;,o finance the co s #66
of :!;,he acquisition, construction and equipping of certain public #67
facilities ~s more particularly described on Exhibit A ~ttached #68,69
hereto and all incidental costs relating thereto (collectively, the #(69)
"projects"); and #(69)
NHEREAS, the Issuer finds that the Projects will serve a #70
public purpose ~nder the Act; and #71
NHEREAS, the Bank is willing to make available to the #72
Issuer, ~nd the Issuer is willing to enter into ~ closed-end line of #73,74
credit arrangement pursuant to the terms and provisions Qf this #75
Agreement in an aggregate principal amount of not ~xceeding #76
$10,500,000 ~nder which the Issuer may draw moneys from time to time #77
to finance the costs of :!;,he projects; and. #78
HOW~ THEREFORE, THIS AGREEMENT WITNESSETH: #79
'rhat the parties hereto, intending to be legaily bound #80
hereby and in Qonsideration of the mutual covenants hereinafter con- #81
tained, DO HEREBY AGREE as follows: #(81)
~4348.22.2788.01:1 #10
A,RTICLE I #83
DEFINITION OF TERMS #(83)
liECTION 1.01. Definitions. The terms defined in this #85
Article I shall, for all purposes of this Agreement, have the mean- #86
ings in this Article I specified, ~nless the context clearly other- #87
wise requires. #(87)
~Act" shall mean the Florida constitution, Chapter 166 of #89
the Florida statutes, as amended and supplemented ~d the Charter of #90
the City of Delray Beach, Florida, as amended and ~upplemented. #91
~ection 2l5.431, Florida statutes, as amended and supplemented ~d #92,93
other applicable provisions of the law. #(93)
~Agreement" shall mean this Line of Credit Agreement, #95
dated as of March 1, 1989, Qetween the Issuer and the Bank and any #96
and all modifications, ~lterations, amendment and supplements hereto #97
made in accordance with the Rrovisions hereof. #98
~Bank" shall mean and its successors and #100
assigns. # (100)
"Base Interest Rate" shall mean the annual rate of intl- #102
est on the Notes which, when calculated ~n a 360-day basis, shall e #103
equal to percent (___%) of the Prime Rate; Rrovided, h - #104,1
ever, that at no time shall the Notes bear interest at a rate in #106
excess of maximum legal rate permitted under Florida law. ~e Base #107
Rate shall be adjusted on each date the Prime Rate changes. #(107)
~Bank Service Fee" shall mean a non-refundable service fee #109
in the amount of $ Rayable by the Issuer to the Bank upon #110
the execution of this Agreement. #(110)
~Bond Counsel" shall mean Mudge Rose Guthrie Alexander & #112
Ferdon. # (112)
~City Moneys" shall mean the moneys budgeted and appropri- #114
ated by the city from not otherwise pledged, restricted or encumbered #115
Non-Ad Valorem Revenues pursuant to the Qity's covenant to budget and #116
appropriate such Non-Ad Valorem Revenues g,ontained in section 2.05 of #117
this AgreemeIlt. #(117)
~Clerk" shall mean the Clerk of the Issuer . #119
::2- #15
94348.22.2788.0l:l #(15)
~Code" shall mean the Internal Revenue Code of 1986, as #l21
amended. #(121)
~Drawing" shall mean a borrowing of money under this #123
Agreement in accordance with Article IV thereof. #124
~Issuer" shall mean the city of Delray Beach, Florida S!. #126,1
municipal corporation in the county of Palm Beach, state of Florida. #(127)
~Non-Ad Valorem Revenues" shall mean all legally avail- #l29
able revenues of the City derived from any source ~hatever other than #l30
ad valorem taxation on real and personal property ~ich are legally #131
available for payment of debt service by the city. #(131)
~Note" or "Notes" shall mean one or more notes authorized #133
by the Note Resolution and delivered by the Issuer to the Noteholder #134
in connection with a Drawing in accordance with the requirements for #(134)
S!. requisition set forth in Article IV hereof. #135
~Noteholder" shall mean . #137
~Note Resolution" shall mean Resolution No. , #139
adopted by the Issuer on , 1989, ~hich among other thi;S #140
authorized the issuance of the Notes ~o finance the costs of t e #141
Projects. #(141)
~Payment Date" shall mean 1 and 1 of #143
each year or any date the principal of the Notes is optionally pre- #144
paid in whole or in part. #(144)
~Pledged Revenues" shall mean (a) the City Moneys depos- #l46
ited in the Debt Service Fund in accordance with the Note Resolution, #(146)
{b) the proceeds of the Bonds pending the application thereof, #l47
{c) investment income received by the city in the funds and accounts #148
{except any rebate account subsequently established to comply with #l49
the provisions Qf the Internal Revenue Code of 1986, as amended), gpd #150,1
(d) any other additional moneys the City may elect by subsequent ~ro- #152
ceedings of the commission to pledge for the payment of the ~rincipal #153
of, redemption premium, if any, and interest on the Bonds. #(153)
~Prime Rate" shall be the fluctuating rate of interest, #155
established py the Bank ~rom time to time as its "Prime Rate," #156
whether or nOt such rate ~hall be otherwise published. Such Prime #157
Rate is established as an index Qr base rate and mayor may not at #158
any time be the best or lowest rate ~harge by the Bank on any loan. 4159
=3- #15
94348.22.2788.01:1 #(15)
~Projectn or "Projects" shall refer to the acquisition, #161
construction and equipping, ~f certain public facilities of the #162
Issuer including the costs associated therewith, as more fully #163
described in Exhibit A ~ttached hereto and incorporated herein by #164
this reference. #(164)
~ECTtON 1.02. Interoretation. Unless the context clearly #166
requires otherwise, ~ords of masculine gender shall be construed ~o #167,1
include correlative words of the feminine and neuter genders 2Pd vice #169
versa, and words of the singular number shall be construed ~o include #170
correlative words of the plural number and vice yersa. Any capital- #171,1
ized terms ~sed in this Agreement not herein defined shall have the #173
meaning ~scribed to such terms in the Resolution. #174
This Agreement and all the terms and provisions hereof #175
~hall be construed to effectuate the purpose set forth herein 2Pd to #176,1
sustain the validity hereof. #(177)
/iECTION 1. 03. Titles and Headinas. The titles and head- #180
ings of the articles ~nd sections of this Agreement have been #181
inserted for convenience ~f reference only and are not be considered #182
a part hereof, shall not in any way modify or restrict any of the #183
te~. ..d p~i.i_ h~f, ond shall not be 0_'''''''''' or qiv~ 1Y ""
~ffect in construing this Agreement or any provision hereof ~r n #185,1
ascertaining intent, if any question of intent should ~rise. #187
LEnd of Article I) #190
L
.
::.4- H5
94348.22.2788.01:1 #(15)
ARTICLE II #192
REPRESENTATIONS, WARRANTIES. AND COVENANTS # ( 192)
SECTION 2.01. Representations bv the Issuer. The Issuer #194
represents and warrants that: #(194)
ia) The Issuer is a municipal corporation in the county of #196
Palm Beach, state of Elorida yalidly existing under the laws of ~e #197,1
state of Florida (the "state"), including the Act. Pursuant to the #(199)
Note Resolution, the Issuer has authorized the issuance of the Notes #200
and the execution ~nd delivery of this Agreement, ~nd the performance #201,2
by the Issuer of all of its' obligations hereunder and under the #203
Notes, and the Issuer has the power and authority to execute and #204
deliver ~his Agreement to which it is a party. #205
ib) The Issuer has complied with all of the provisions ~f #207,2
the constitution and laws of the state, including ~e Act, and has #209
full power and authority to enter into and Qonsummate all transac- #210
tions contemplated by this Agreement or under the Notes, gnd to per- #211
form ~ll of its obligations hereunder and the hransactions contem- #212,2
plated hereby do not conflict with the ~erms of any statute, order, #214
rule, regulation, judgment, ~ecree, agreement, instrument or comm1' ~ #215
ment to which the Issuer is a party or by which the Issuer is bo . #216
ic) There are no actions, suits or proceedings pending ~ , #218,2
to the knowledge of the Issuer, threatened ~gainst or affecting the #220
Issuer or involving the validity ~r enforceability of this Agreement, #221
~t law or in equity, or ~efore or by any governmental authority, #222,2
except actions, ~uits and proceedings that are fully covered by #224
insurance or ~hat, if adversely determined, would not materially #225
impair ~he ability of the Issuer to perform the Issuer'S Qbligations #226,2
under this Agreement or under the Notes. #(227)
id) The financial information furnished to Bank in connec- #229
tion with Issuer's application for the line of credit hereunder is #230
complete and accurate, ~nd Issuer has no known undisclosed direct or #231
contingent liability. #(231)
Ie) The Issuer has not incurred any debts, liabilities, or #233
obligations ~nd has not committed itself to incur any debts, liabili- #234
ties, ~r obl~ations other than those disclosed to Bank in connection #235
~ith its reqUest for the line of credit hereunder or showp on, the #236
financial statements submitted to Bank. #237
if) The Issuer will furnish to Bank within 180 days after #239
the close of each Fiscal Year an annual financial statement of the *240
Issuer ~eviewed by an independent certified public accountant. #241
~5- #15
94348.22.2788.01:1 #(15)
ig) The Issuer will inform the Bank immediately of any #243
material adverse change in the financial condition of Issuer. The #244
Issuer will also promptly inform Bank ~f any litigation or threatened #245
litigation which might substantially ~ffect Issuer's financial #246
condition. #(246)
SECTION 2.02. General ReDresentations. Warranties and #248
Covenants of the Bank. The Bank hereby represents, warrants and #(248)
agrees that it is ~ national banking association authorized to exe- #249
cute and deliver this Agreement ~d to perform its obligations here- #250
under, ~nd such execution and delivery will not constitute a viola- #251
tion of its charter, articles of incorporation or bylaws. Eursuant #252,2
to the terms and provisions of this Agreement, ~he Bank agrees to #254
establish a line of credit on behalf of the Issuer for the purpose of #255
making one or more loans to the Issuer for the purpose of financing #256
the costs of the Projects. # (256)
SECTION 2.03. Tax Covenant. In order to maintain the #258
exclusion-from gross income for purposes of ~ederal income taxation #259
of interest on the Notes, the Issuer shall comply ~ith each require- #260
ment of the Code applicable to the Notes. I.n furtherance of the cov- # 2 61
enant contained in the preceding sentence, the Issuer agrees to con- #(261)
tinually comply with the erovisions of the Tax certificate aS~io #262
Arbitrage and Instructions ~s to Compliance with the provisions f #263
section 103(a) of the Internal Revenue Code of 1986, as amended, 0 #(263)
be executed by ~he Issuer, at the time tpe initial Note is issued, s #264,2
such letter may be amended from time to time, ~s a source of guidance #266
for aChieving compliance with the Code (herein referred to as the #(266)
"Tax certificate"). #(266)
The Issuer shall make any and all payments required to be #267
made to the United states Department of the Treasury in connection #268
~i th the Notes pursuant to section 148 (f) of the Qode from amounts on #269,2
deposit in the funds and ,accounts established ~nder the Note #271
Resolution and available therefor. # (271)
Notwithstanding any other provision of the Note Resolution #272
~o the contrary, so long as necessary in order to maintain the exclu- #273
sion from gross income of interest on the Notes for Federal income #274
~ax purposes, the covenants contained in this Section shall survive #275
~he payment of the Notes and the interest thereon, including any pay- #276
ment ~r defe~sance thereof. #277
The Issuer shall not ~ake or permit any action or fail to #278,;
take any action which would cause :l;,he Notes to be "arbitrage bonds" #280
within the meaning of section ~48(a) of the Code. #281
1iECTION 2.04. Covenant as to Issuance of Additioru.l Debt. #283
The city ,hereby covenants not to issue additional debt of the City #(283:
-6- #15
94348.22.2788.01:1 #(15)
2ayable from the city Moneys if the result of such additional debt #284
would be that, ~s of the date of issuance of such additional debt or #285
at any time thereafter, the total outstanding rronself-supporting rev- #286
enue debt service on the City'S obligations iincluding but not #287
limited to the Notes) ~ould exceed __% of the total general purpose #288
Non-Ad Valorem Revenues of the city. #(288)
~ECTION 2.05. Covenant to BudClet and Appropriate. until #290
all of the Notes are paid or deemed paid pursuant to the provisions #(290)
Qf this Agreement, the City hereby covenants to appropriate in its #291
annual budget, Qy amendment if necessary, city Moneys in each Fiscal #292
Year of the City, in amounts sufficient to pay the principal of, #293
redemption premium, if any, ~nd interest on the Notes, as the same #294
become due iwhether by redemption, at maturity or otherwise). #295
Hotwithstanding the foregoing covenant of the city, the city does not #296
~ovenant to maintain any services or programs, rrow provided or main- #297,2
tained by the City, which generate Non-Ad Valorem Revenues Qther than #299
such services or programs which are for essential public purposes #(299)
~ffecting the health, welfare and safety of the inhabitants of the #300
city. # (300)
To the extent that the City is in compliance with the cove- #301
nant contained above, Qr those of any other aubsequant ~~ "02
the commission, ~he Note Resolution and the obligations of the ci y #303
contained herein ~hall not be construed as a limitation on the abi - #304
ity of the City ~o pledge or covenant to pledge the Non-Ad Valo #305
Revenues for other legally 2ermissible purposes; provided, however, #306
that such pledge of the Hon-Ad Valorem Revenues shall be subject to #307
the terms and provisions Qf any subsequent resolutions of the #308
commission, including any resolution imple~enting this Resolution. #309
SECTION 2.06. rReservedl. #310
SECTION 2.07. Nec:rative Covenants. The Issuer hereby cove- #312
nants that: #(312)
ia) Except to the extent permitted by Section 2.04 #314
this Agreement it shall not incur ~ny additional debt or #315,3
any additional financial obligations, guarantee any debt, #(316)
2ledge or hypothecate its assets or issue additional bonds #317
or indebtedness in an amount to exceed $ per fiscal #318
year without the prior written consent of the ~, which #319
consent ~all not be unreasonably withheld. #(319)
ib) It shall only use the funds loaned to it under #321
this Agreement to payor reimburse itself for the costs of #322
the Project and, to the extent permitted by the Code, to #323
pay the costs of issuing the Notes. #(323)
=.7- #15
94348.22.2788.01:1 #(15)
liECTION 2.08. pavment Covenant. The Issuer covenants that #325
it shall duly and punctually pay from the Pledged Revenues the prin- #326
cipal o~ the Notes, the interest thereon ~t the dates and place and #327
in the manner provided herein and in the Notes ~ccording to the true #328
intent and meaning thereof. The Issuer also covenants to pay the #329
Bank Service Fee and the reasonable fees and expenses ~f its counsel #330
upon the execution of this Agreement. ~uch Bank Service Fee and rea- #331
sonable fees and expenses of its counsel may, at the direction of the #(331)
Issuer, be deducted from the first Drawing if such first Drawing #332
shall occur on the date of execution of this Agreement. #(332)
lEnd of Article II) #335
r
L
::.8- #15
94348.22.2788.01:1 #(15)
ARTICLE III #337
ISSUER'S OBLIGATION, DESCRIPl'ION, PAYMENT # (337)
TERMS, OPl'IONAL PREPAYMENT #(337)
SECTION 3.01. Notes Not to be Indebtedness of the Issuer or # 3 39
County. The Notes, when delivered by the Issuer pursuant to the #(339)
terms of this Agreement, ~hall not be or constitute an indebtedness #340
of the Issuer or of the County, within the meaning of any constitu- #341
tional, ~tatutory or charter limitations of indebtedness, but shall #342
be payable solely from the Pledged Revenues, ~s herein provided. jio #343,3
Noteholder shall ever have the right to compel the exercise of the ad #346
valorem taxing power of the Issuer Qr the county, or taxation in any #347
form of any property therein to pay the Notes or the interest #348
thereon. #(348)
The Notes are payable ~s to both principal, redemption pre- #349,3
mium, if any, and interest, from .La) all legally available revenues #351
of the City derived from any source whatever Qther than ad valorem #352
taxes on real and personal property i"Non-Ad Valorem Revenues"), #353
which are not otherwise pledged, restricted or encumbered, which the #(353)
City has covenanted to appropriate in its annual budget, by amendment #354
if n~e...ry (the .City .....,..." tb' the pron_ of the Not~ ~ ""
ing the application thereof, ~nd (c) certain investment inco e #356
received by the city icollectively, the "Pledged Revenues"). ~ #357,3
covenant to appropriate Non-Ad Valorem Revenues is not a pledge #359
the City of such Non-Ad Valorem Revenues but is subject in a 1 #(359)
respects to the payment of obligations secured by a pledge of such #360
jion-Ad Valorem Revenues of the city heretofore or hereafter entered #361
into iincluding the payment of debt service on bonds or other debt #362
obligations) ~nd also to the payment of services and programs which #363
are for essential 2ublic purposes affecting the health, welfare and #364
safety of the inhabitants of the city. Pursuant to the Note #365
Resolution, The pledge of the Pledged Revenues will not constitute a #366
lien ypon any property Qf the Issuer. #367,3
SECTION 3.02. DescriDtion and Pavment TenDs of the Notes. #370
In connection with a Drawing pursuant to Article IV of this #(370)
Agreement, the Issuer shall, pursuant to authority granted under the #371
Note ReSOlution, issue and deliver a Note or Notes to the Bank as #372
Noteholder, which Note or Notes, together with any outstanding Note #373
or Notes, Shtll not exceed Ten Million Five Hundred Thousand Dollars #374
($10,500,000, in aggregate principal amount. ~ch Note shall be des~ #375
ignated as "city of De1ray Beach, Florida Revenue Note", gith -such #376
other designation as the Issuer deems appropriate. '!:he text of the #377
Notes shall be substantially in the form attached hereto ~s !!378
Exhibit B, with such omissions, insertions and variations ~s may be #379
necessary and desirable. #(379)
::.9- #15
94348.22.2788.01:1 #(15)
~ach Note shall be dated the date of its delivery and bear #380
interest from its date ~t the rate or rates set forth below. The #381,3
Notes shall be executed in the name of the Issuer by the manual sig- #(382)
nature Qf the Mayor of the Issuer and the official seal shall be #383
affixed thereto ~nd attested by the manual signature of the Clerk. #384
In case any o~e or more of the officers, who shall have signed or #385
sealed any of the Notes, shall cease to be such officer of the Issuer #386
before the Notes ~o signed and sealed shall have been actually deliv- #387
ered, ~uch Notes may nevertheless be delivered as herein provided gnd #388,3
may be issued as if the person who signed or sealed such Notes had #390
not ceased to hold such office. bPy Note may be signed and sealed on #391
behalf of the Issuer Qy such person who at the actual time of the #392
execution of such Note ~hall hold the proper office, although at the #393
date the Notes shall ~ctually be delivered, such person may not have #394
held such office or ~ay not have been 50 authorized. #395
The Notes shall initially bear interest at the Base #396
Interest Rate Rayable semi-annually on 1 and 1 of #397
each year, Qeginning on the first Payment Date occurring ninety days #398
~fter the subject Drawing. Interest shall be calculated on the basis #399
of ~ 360-day year. Interest only on the Notes shall be payable on #400
each Payment Date until 1, 19 . Qn such date, the #401
Noteholder shall exchange all Notes ,ssued pursuant to the NOfe ,,"
Resolution for one (1) Note reflecting the Qutstanding princip I #403
amount of all Drawings made under this Agreement. #(403)
Qn and after 1, 19__, the Note shall continue to #404
bear interest ~t the rate or rates set forth in this Agreement, and #405
such interest shall continue to be Rayable on land #406
1 of each year until the Notes shall be paid in full. #(406)
frincipal on the Note shall be paid in <__l equal annual #407
installments gue each 1, commencing on l, 19 --, #408
~ntil the earlier of l, 19__, or the date the principal of #409
such Note is paid. If the Issuer shall exercise its option to prepay #410
the Notes in whole or in part pursuant to Section 3.03 hereof, the #411,4
principal amount of each annual installment shall be reduced in order #413
of maturity by the principal amount of such prepayment. #(413)
All payment of principal of and interest on the Notes shall #415
be payable in any coin or currency of the United States of America #416
which, ~t the time of payment, is legal tender for the payment of #417
public and Rrivate debts and shall be made to the Noteholder thereof #4l8
by check ~ail~d to the Noteholder at the address designated in writ- #419
ing by the Noteholder for purposes of payment or by bank wire or bank #420
transfer as such Noteholder ~ay specify in writing to the Issuer or #421
otherwise as the Issuer and such Noteholder may agree. #(421)
SECTION 3.03. oDtional PreDavment The Issuer may prepay n423
any Note or all the Notes as a whole or in part, at any ~ime or from #424
::.10- 415
94348.22.2788.01:1 # (15)
time to time, without penalty or premium, by paying to the Bank all #(424)
or Rart of the principal amount of the Note to be prepaid, together #425
with the unpaid interest ~ccrued on the amount of principal so pre- #426
paid to the date of such Rrepayment. Each prepayment of a Note shall #427
be made on such date ~nd in such principal amount as shall be speci- #428
fied by the Issuer in a written notice gelivered to the Bank not less #429
than five (5) days prior thereto. Notice having Qeen given as afore- #430
said, the principal amount of the Note stated in such notice Qr the #431
whole thereof, as the case may be, shall become due and payable on #(431)
the prepayment date stated in such notice, together with interest #(431)
accrued and unpaid to ~he prepayment date on the principal amount #432
then being paid; and the amount of Rrincipal and interest then due #433
and payable shall be paid (i) in case ~he entire unpaid balance of #434
the principal of any Note is to be paid, '!'!pon presentation and sur- #435
render of such Note to the office of the Clerk, ~nd (ii) in case Qnly #436,4
part of the unpaid balance of principal of any Note is to be paid, #(437)
upon Rresentation of such Note at the office of the Clerk for nota- #438
tion thereon of the amount of principal and interest on such Note #(438)
then Raid. If on the prepayment date moneys for the payment of the #439
principal amount to be Rrepaid on such Note, together with interest #440
to the prepayment date on such Rrincipal amount, shall have been paid # 4 41
to the Bank as above provided and if notice Qf prepayment shall have #442
been given to the Bank as above provided, then from and ~fter ~e #443
prepayment date interest on such principal amount of such Note sha I #(443)
cease ~o accrue. If said moneys shall not have been so paid on e #444
prepayment date, such Rrincipal amount of such Note shall continue 0 #445
bear interest until payment tpereof at the rate or rates provided for #446
in this Agreement. #(446)
lEnd of Article III) #449
L
=11- #15
94348.22.2788.01:1 #(15)
~TICLE IV #451
REQUISITIONS FOR DRAWING~ AND OTHER CONDITIONS #(451)
In connection with a Drawing, the Bank shall not be obli- #(451)
gated to make ~ny loan under this Agreement unless at the date speci- #452
fied for the making thereof ~he Issuer delivers to the Bank: #453
.La) A Requisition in substantially the form attached hereto #455
as Exhibit C to this Agreement. # (455)
.Lb) The opinion of the counsel to the Issuer, dated as of #457
such date, to the effect that: #(457)
.Li) There is no litigation pending in any court, #459
either state or Federal, guestioning the creation, organi- #460
zation or existence of the Issuer or the yalidity of this #46l
Agreement or the Note being issued in connection with such # (461)
Drawing~ and # (461)
.Lii) The Issuer has the power to borrow the amount #463
under the Drawing; ~o execute and deliver this Agreement ~o #464,4
evidence the Drawings by its Notes to be made and delivered ( # (465)
in accordance herewith, and to perform and observe all of #466
the terms and conditions of this Agreement on its part to #467
be performed and observed~ and #(467)
.Lc) A certificate of the Mayor of the Issuer, dated as of #469
the date of ~uch Drawing, to the effect that the representations and #470
warranties of the Issuer Qontained in ArtiGle II of this Agreement #471
are true and correct as of such date~ and #(471)
.Ld) A certificate of the Mayor of the Issuer, dated as of #473
the date Qf such Drawing, setting forth the aggregate amount of Notes #474
of the Issuer that will be outstanding immediately after the issuance #475
of the Notes then being issued ~nd stating that no default has #476
occurred in the payment of principal of Qr interest on such Notes of #477
the Issueri and #(477)
.Le) The opinion of Bond counsel that such Drawing shall not #479
adversely affect ~he exclusion of interest on the Notes from gross #480
income for F~deral income tax purposes; and #481
.
=12- =15
94348.22.2788.01:1 =(15)
if) Only with respect to the first Drawing, a fully exe- #484
cuted Tax Certificate, dated as of the date of such Drawing; and #(484)
ig) Only with respect to the first Drawing, a copy of a #486
completed and executed Form 8038 ~o be filed with the Internal #487
Revenue service; and #(487)
ih) A fully executed Note, dated the date of Drawing, in #489
the principal amount of such Drawing; and #(489)
li) On or before the execution of this Agreement, the #491
Issuer shall have caused to be gelivered to the Bank the following #492
items in form ~nd substance acceptable to the Bank: #493
Ii) Opinion of Counsel to Issuer regarding the due #495
authorization, execution, gelivery, validity and enforce- #496
ability of this Agreement ienforceability may be subject to #497
standard bankruptcy exceptions and the like); and #(497)
Iii) A certified copy of the Note Resolution of the #499
Issuer approving the form of this ~greement and authorizing #500
the issuance of Notes from time to time in the aggregate '#501
principal amount of not exceeding $10,500, 000 ~o finance r #502
the costs of the Projects; and #(502)
iiii) Such additional certificates, instruments and #504
other documents as the Bank, ~r its Counselor Bond #505
Counsel, or Counsel to the Issuer, may deem necessary or #(505)
appropriate. #(505)
ij) upon satisfaction of the conditions set forth in para- #507
graphs (a)-(i) above, ~he Issuer may borrow up to $lO,500,OOO from #508
the Bank pursuant to one or more Drawings. ~fter $10,500,000 has #509
been loaned to the Issuer Qursuant to terms and provisions of this #510
Agreement, ~he Bank shall not be required to honor any further #51l
Drawings. TIle date the last Drawing can be made under this Agreement #512
shall be 1, 19__" ~he Issuer shall apply the proceeds of #513
each Drawing to either pay for, ~r reimburse itself for prior expen- #514
ditures incurred for, the costs of the Projects which shall include #515
but not be limited to: #(515)
ii)~the costs of architectural and engineering ser- #517
vices related to the Projects, including, without limi~a- #518
tion, the costs of preparation of studies, surveys, #(518)
J;:eports, tests, plans and specifications; #519
Iii) the costs of legal, accounting, marketing and #521
other special services J;:elated to the Projects; #522
=13- #15
94348.22.2788.01:1 #(15)
{iii) costs and fees incurred in connection with the #524
issuance of the Notes ~ubject to the requirements of the #525
Code and the Tax Certificate; #(525)
{iv) fees and charges incurred in connection with #527
applications to federal, state ~nd local governmental agen- #528
cies for any requisite approval or permits ~egarding the #529
acquisition and construction of the projects; #(529)
{v) costs incurred in connection with the acquisi- #531
tion of the sites for the Projects, including any necessary #532
rights-of-way, easements or other interests in real or per- #533
sonal property; #(533)
{vi) costs incurred in connection with the acquisi- #535
tion, construction, improvement or ~xtension of the build- #536
ings, structures and facilities comprising the projects; #(536)
{vii) costs incurred in connection with the acquisi- #538
tion and installation of any machines, ~quipment, fixtures, #539
appurtenances or personal property of any kind or nature, #(539)
~hich are to comprise a part of the project; #540
{viii) interest on the Notes accruing prior to the com- f #542
pletion date of the Projects; and #(542)
{ix) other costs and expenses relating to the Project #544
which are included ~hich are incurred for the purpose of #545,5
providing for a "project," as such term is defined in the #547
Act, and other facilities functionally related and subordi- #(547)
nate thereto. #(547)
{k) The Issuer may substitute any of the Projects set forth #549
on Exhibit A hereto for any other capital project permitted under the #550
Act; Qrovided that Bond Counsel shall first deliver to the Issuer and #551
the Noteholder ~n opinion to the effect that the substitutiort of #552
projects will not adversely ~ffect the exclusion of interest on the #553
Notes from gross income for Eederal income tax purposes. #554
{End of Article IV) #557
i-
::.14- US
94348.22.2788.01:1 # (15)
~TICLE V #561
EVENTS OF DEFAULT # (561)
An "Event of Default" shall be deemed to have occurred #563
under this Agreement if: #(563)
la) The Issuer shall, within five (5) days after a #565
Payment Date, fail to make payment of principal ~r interest #566
then due on any Note; #(566)
lb) Any representation or warranty of the Issuer con- #568
tained in Article II ~f this Agreement shall prove to be #569
~ntrue in any material respect; #570
lc) Failure by the Issuer to observe and perform any #572
covenant, ~ondition or agreement on its part to be observed #573
or performed QY it under this Agreement or the Note #574
Resolution ~ther than as referred to in clauses (a) or (d) #575
of this section, for a period of thirty (30) days after #576
written notice specifying such failure ~nd requesting that #577
it be remedied has been given to the Issuer by the Bank, # (577)
~nless the Bank shall agree in writing to an extension of t #578
such time ~rior to its expiration; provided, however, if #579
the failure stated in the notice gannot be corrected within #580
the applicable period, the Bank will not withhold its con- #581
sent to an extension of such time if corrective action is #(581)
instituted Qy the Issuer within the applicable period and #582
diligently pursued until the gefault is corrected; or #583
ld) The Issuer shall fail to pay the principal of or #585
interest on any of the Outstanding ~onds within five (5) #586
days after such amounts are due; #(586)
tohen, and in any such event, the Bank shall have the right to termi- #588
nate this Agreement ~ith respect to any rights the Issuer may have #589
hereunder and declare tohe principal of and all interest then accrued #590
on all Notes to be due and payable immediately, and upon such decla- #591
ration the Notes and the interest accrued thereon shall become due #592
and payable, anything in this Agreement or in the Notes contained to #593
the contrary notwithstanding. Qpon such declaration tohe Bank as #594,5
Noteholder may seek ~nforcement of all remedies available to it under #596
the Note Resdtution and the Act. If the Notes shall be declared to #597
be immediately due and payable, tohe Notes shall bear interest at the #598
Prime Rate plus percent (_%) ger annum until all amounts due #599
under the Notes are paid in full. #(599)
lEnd of Article V) #602
::.15- #15
94348.22.2788.0l:1 # (15)
ARTICLE VI #606
MISCELLANEOUS #(606)
SECTION 6.01. Amendments. Chanaes or Modifications to the #608
Aareement. Th~s Agreement shall not be amended, changed or modified #(608)
without the prior written consent of the Bank and the Issuer. The #609,6
Issuer agrees to pay all of the Bank's costs ~nd reasonable attorney #611
fees incurred in modifying and/or amending this Agreement at Issuer's #612
request or behest. #(612)
SECTION 6.02. Counterparts. This Agreement may be exe- #614
cuted in any number of counterparts, ~ach of which, when so executed #615
and delivered, shall be an original; but ~uch counterparts shall #616
together constitute but one and the same Agreement, and, in making #617
proof of this Agreement, it shall not Qe necessary to produce or #618
account for more than one such counterpart. #(618)
~ECTION 6.03. Severability. If any clause, provision or #620
section of this Agreement shall be held illegal Qr invalid by any #621
court, the invalidity of such provisions or sections shall not affect #622
any other provisions or sections hereof, and this Agreement shall be #(622)
construed and enforced to the end that the transactions contemplat~d #623
hereby be effected and the obligations contemplated hereby e #624
enforced, as if such illegal or invalid clause, provision Qr secti n #625
had not been contained herein. #(625)
SECTION 6.04. Term of Aareement. This Agreement shall be #627
in full force and effect from the date hereof and shall continue in #628
effect until the later of (i) 1, 19__, Qr (ii) as long as #629
any Notes are outstanding. #(629)
SECTION 6.05. Notice of Chanaes in Fact. Promptly after #631
the Issuer becomes aware of the same, the Issuer will notify the Bank #632
of (i) any change in any material fact or circumstance ;r;:epresented or # 633
warranted by the Issuer in this Agreement Qr in connection with the #634
issuance of the Notes, and (ii) any default Qr event which, with #635
notice or lapse of time or both, could become ~ default under the #636
Agreement, specifying in each case the nature thereof and what ~ction #637,E
the Issuer has taken, is taking, and/or proposes to take ~ith respect #639
thereto. #(639)
SEctrON 6.06. Notices. Any notices or other communications #641
required or permitted hereunder ~hall be sufficiently given if deliv- #642
ered personally or sent registered Qr certified mail, postage pre- #643
paid, to the Issuer, Qity of Delray Beach Florida, city Hall, 100 #644
N.W. 1st Avenue Delray Beach, Elorida 33444 Attention: the Qlerk of #645,E
the city of Delray Beach, Florida, ~nd to the Bank, Qr at such other #648,E
address ~s shall be furnished in writing by any such party to the #650
~16- #15
94348.22.2788.01:1 #(15)
other, and shall Qe deemed to have been given as of the date so #651
delivered or ~epo5ited in the united states mail. #652
SECTION 6.07. Aoolicable law. The substantive laws of the #654
state of Florida shall govern this Agreement. #(654)
~ECTION 6.08. Attornev Fees and Related Costs. In the #656
event this Agreement is the subject of litigation or dispute Qetween #657
or involving the parties hereto, the party prevailing ~hall be enti- #658
tIed to recover and receive reasonable attorney's fees ~nd costs #659
(including those for any appeal). #(659)
~ECTION 6. 09. Incorporation bv Reference. A 1 I 0 f the # 6 61
terms and obligations of the Note Resolution ~re hereby incorporated #662
herein by reference as if said Note Resolution ~as fully set forth in #663
this Agreement. # (663)
IN WITNESS WHEREOF, the parties hereto have caused this #666
Agreement to be duly executed as of the Date of Execution set forth #667
below. # (667)
~ITY OF DELRAY BEACH, FLORIDA(- ""
);!y: #672
Mayor '#(672)
ISEAL) #673
Qate of Execution: #674
ATTEST: #675
);!y: #677
~lerk of the City of Delray #678
Beach, Florida #(678)
#680
ay: #682
TITLE: #683
ISEAL) , #684
~ QATE OF EXECUTION: #685
ATTEST: . #686
ay: #688
~17- #15
94348.22.2788.01:1 #(15)
~XHIBIT A #692
r
L
.
~4348.22.2788.01:1 #10
~XHIBIT B #696
r
L
.
~4348.22.2788.01:1 #10
~XHIBIT C #699
!
L
.
~4348.22.2788.01:1 #10
Unisys Corporation rele!)ll{)(,f
1 JO \'\'3:1 Sl't'l'l ;I!,L) (!(:,OU
New Y(I'~, NY l lA/"
I 1 " -,..--,
t \ t' ~~ ,---
February 27, 1989 VIA FACSIMILE
Herbert W. A. Thiele, City Attorney ';; "\ C,J · i:-;frl
City of Delray Beach ,.------.', ,--,: " '~:~: -.
310 S.E. 1st Street, Suite 4
Delray Beach, FL 33483 C::,., " : ~:'.. "
- ,
Dear Mr. Thiele:
This letter is sent as part of the continuing settlement
discussions between Unisys Corporation and the City of De1ray
Beach.
Your letter of February 8, 1989 proposed settlement by
refund of sums "paid for hardware and software and the contract
arising out of the 1985 Request for Proposals" and indicated the
amount was "approximately $250,000" which I understood to include
about $40,000 to $50,000 paid to D.M. Data based on our
subsequent telephone conversation.
Your letter of February 16, 1989 once again proposes
rescission and refund of amounts paid under "the 1985 contract to
I provide hardware and software" with an attachment listing
payments for equipment, software, supplies and services totaling
$393,000, almost a doubling of the $200,000 range we previously
discussed.
At this point, I am unable to confirm that amounts listed in
the $393,000 summary can be interpreted as relating to the "1985
contract to provide hardware and software" since: none of the
line items reference either a contract or invoice number; some
line items can not be identified as computer equipment; many line
items represent services and supplies related to use of the
computer system; some were ancillary charges; and, lastly, the
Police Department acquired additional equipment and software
under new and separate contracts signed 1986-1988.
The attached "Contract for Purchase of Computer System"
dated May 30, 1985 lists the several signed Agreements which
constitute the "1985 Agreement:"
1. Two Equipment Sale Agreements
( 1 ) B1990 Installment Sale
$3,l14.69 per month from 8/1/85
37 payments made $115,243.53
1
February 27, 1989
(2 ) B20 System (8 terminals)
$791.55 per month from 8/1/85
37 payments made $ 29,287.35
2. Two Program Product (Software) Licenses
(1 ) B1990 system software $ 2,850.00
( 2 ) B20 system software and
business applications $ 3,115.00
TOTAL PAID $l50,495.88
3. Service Aqreements
(1 ) B20 (Form 1914108 dated 8/82)
annual fee subject to increase
1985 $307.35
1986 $369.96
( 2 ) B1900 CMS (Form 191570 dated 11/84)
annual fee
1985 $205.53
1986 $542.04
1987 $542.04
4 . Addendum granting the City ~9.9.!.!.!.2.g~.!. rights to
terminate as of any anniversary date on 90 days prior notice if
the City had no further need for the equipment "to satisfy the
needs for which this system was acquired. " In other words:
Delray Beach could have terminated the group of May 1985
contracts as of July 31, 1986 or any year thereafter if the
Police Department had no further need for this system -- and
arguably had the obligation to terminate and mitigate damages if,
in fact, the system did not meet the need for which it was
acquired.
There were at least 10 more contracts signed thereafter for
hardware and software items. It is Unisys position that the
acquisition of additional equipment was principally attributable
to the use being made of the installed system by the Police
Department.
I also noted there were three items ($44,548) on the 1986
Equipment list which seem to be electrical, not computer,
equipment.
The amounts for services and supplies were paid by the CIty
simply because the computer system installed was being used and
had to be maintained apart from the issue of whether the
applications acquired separately from D.M. Data were or were not
2
February 27, 1989
installed or in use. Since the equipment and software
maintenance and support services ue:::e available and used as
needed by the City, the service agreements are not an appropriate
subject of rescission.
The amounts paid to n.M. Data under their separate
contract(s) with the City can not be rescinded by Unisys and are
a matter strictly between the City and n.M. Data.
The bottom line is that rescission of the "1985 Contract"
for equipment and software by our interpretation would mean a
refund of about $150,500 to the City. In addition, Unisys would
consider repurchase, at depreciated value, of other current line
Unisys equipment the City wanted to return. I estimate the
aggregate ~efund for rescission and the return of Unisys
equipment and software would be about $175,000.
Unisys regrets that the City Commission chose to reject the
very attractive proposal made to upgrade the Police Department to
the new Unisys solution which we believe would substantially meet
the Police Department CAD and administrative needs. We believe
it will cost a far greater amount of money to acquire and
implement a similar system dedicated to the Police Department.
Because of the wide divergence between our respective
interpretation of the scope of the "1985 contract" and the mounts
paid, I suggest that each party assembles the relevant documents
I (contracts, invoices and payment records) and that authorized
representatives of the City and Unisys then meet with the intent
of arriving at an amicable settlement.
Of course, Unisys makes this offer of settlement only to
avoid the costs and uncertainties of litigation and continues to
disclaim any obligation or liability predicated on alleged non-
performance of application software acquired from another
company.
S~ y~"0~r~h ""'''~
Marilyn Y. lein
Regional Counsel
enc.
3
-
CONTRACT FOR PURCHASE OF COMPUTER SYSTEM
This Agreement dated this 30thdayof May 1985 , 1985, contains
the terms and conditions with regard to the installation and installment purchase of the
Burroughs/D.M. Data Computer System and software as set forth in the attached
I agreements which are incorporated herein.
The documents which constitute this Agreement are as follows:
I.A. Burroughs Program Product Service Agreement, Form 1915170 (11/84) with the
following amendments:
(a) As to paragraph 4.2, payment shall be due thirty (30) days after the
i receipt of an invoice by the City, and no late charges shall Occur until
I after that date.
! I.B. Agreement for Program Product Service, Form 1914108 (8/82) with the follow-
ing amendments:
(a) Paragraph 2(b) payment shall be due in thirty (30) days.
2. Two Burroughs Corporation, Business Machines Group Agreements for Equip-
I ment Sale, Form 1914116 (6/82) with the following amendments:
,
(a) As to paragraph 5, "Payment Terms", the second to the last sentence of
that paragraph is modified to provide that payment shall be made by the
customer no later than thirty (30) days after the date of invoice.
(b) Paragraph 9, "Patent Indemnity", is modified to add a sentence which
states, "The reasonable rental for past use shall be the published lease
rate provided however that in no event will the amount due exceed the
payments otherwise required to be paid under the terms of the install-
ment purchase agreement up to the date the equipment is removed."
(c) Paragraph 12(a) is modified to change from ten liD) days to thirty (30)
days the number of days within which payment is due.
3. Two Burroughs Corporation, Program Products License, Forms 1914413 (9/82)
with the following amendments:
(a) Paragraph 5 is modified to make payment due within thirty (30) days of
the receipt of an invoice.
(b) Paragraph 7 is modified to provide that no alteration shall be made to a
Class I warranty on Burroughs Systems Software within twelve (12)
months of the purchase date.
I. ',.
,
I
I
i (c) Paragraph 10 is modified by the addition of the following language,
J "Nothing herein shall subject the City of Delray Beach to any liability
for the disclosure of any program products if such disclosure is required
i by state or federal law or by a court of competent juriSdiction."
j (d) Paragraph 19.3 is changed to provide that the laws of Florida shall govern
i as to the interpretation, validity and effect of the Agreement.
4. Burroughs Corporation Business Machines Group Addendum as modifiec] nnd
attached to this Agreement.
ATTEST: CITY OF DELRAY BEACH, FLORIDA
J! . / ~/ ,-
6~~4~-~ /c:"::A~;-Rj"C<'>';/ -
Documents Approved as to Form:
~ D~ ,', a . /'
_ :..-u'~ -f,L- .1./.A,- {A
Herbert W. A. Tliiele, Esq., 0
City Attorney Wo
WITNESS BURROUGHS CORPORATION
,I I
I't...... ",
By: i~/'_~~-J \:<:-0 A..--': .
1...........' r'r,...~.."-:~
. VICE PRESIDENT & GEk:"_L ."... ,"~ ,
Title:
Corporate Seal
. If Applicable:
~
..~
-:lIIi
'.
--
''''I
..;.,;;
I
~._" -
L/ /" I If t' ;)_;/
BURROUGHS CORPORATION
BUSINESS MACHINES GROUP
Governmental Addendum
t ADDENDUM TO AGREEMENT
FOR EQUIPMENT LEASE AND MAINTENANCE
and/or AGREEMENT FOR EQUIPMENT SALE
(INST ALLMENT SALE)
CUSTOMER Delray Beach Police Department Date: May 30 , 1985
BURROUGHS and CUSTOMER hereby amend the Agreement for Equipment Lease and
Maintenance and/or Agreement for Equipment Sale, as the ease may be, by adding the
following thereto:
I. ADDlrIONAL TERMINATION RIGHTS
The City of Delray Beach shall have the right to terminate this agreement as to all
or as to any specific unit of equipment included hereunder:
A. On ninety (90) days prior written notice to BURROUGHS, to be made effective
on the yearly anniversary date of the first payment due hereunder, or on the
beginning of any subsequent fiscal year, provided that, either funds for data
processing equipment are not appropriated, or there is no further need for the
data processing equipment to satisfy the needs for which this system was
acquired.
B. In addition, the City may notify BURROUGHS CORPORATION at the begin-
ning of the fiscal year, of the number of months for which funding is available,
thereby permitting the City to also cancel this agreement at the end of the
time period for which funding is declared to be available. However, within
two (2) months prior to the end of the time period for which funding is
declared to be available, the City may notify BURROUGHS of additional
funding, and of its intention to continue this agreement through the term
period provided for by that additional funding.
If the City exercises either of these termination options, it shall be liable only for
'$ the accumulated installment payments due until the date of termination in accord-
ance with the installment payment option chosen.
Upon termination, the title to the equipment shall automatically vest in
BURROUGHS CORPORATION.
If the City exercises either of the termination options provided under this
Addendum, the rights of the parties upon termination as outlined in this Addendum
shall be applicable, and shall be substituted for the rights upon termination which
are provided in any other section of the Purchase Agreement.
MEMORANDUM )/t1-
TO: Walter O. Barry
City Manager
FROM: ~avid M. Huddleston
irector of Finance
SUBJECT: Waste Management Contract
DATE: February 28, 1989
Upon reviewing the proposed contract for the extension of garbage service
and the recycling program, the following items are offered for
consideration:
1. The contract indicates that any materials not sold through the
recycling program will be disposed of at the landfill through regular
disposal means and that the City will be charged separately for the
costs. This amount is already built into the residential base and
add-on rate of the disposal portion of the billing by Waste
Management. A more equitable arrangement would be an adjustment
downward of the residential billing by the estimated reduction in
disposal--approximately 400 pounds per unit annually, or $.55 per
unit, to be reflected on the base and add-on portion. Since Waste
Management will be billing us directly for the unsold, recycled
materials which are disposed, their revenue will not be significantly
effected.
2. The extension of the contract with Waste Management precludes the
discovery of any new methodology for collection rate setting. The
contract allows for adjustments to collection costs based on the
Consumer Price Index fluctuations, calculated on a base which has been
in effect since 1982. Should the contract be re-bid, new methods
and/or cost-savings procedures might be reflected.
3. Section 4, Item 5, of the contract stipulates that the City shall
participate in the development of a market for recycled goods.
Perhaps the language should be that there be City acceptance of the
vendor and the sale price of the materials so that the best price is
realized.
Recommendation
1. The entire $1.85 rate, as proposed by Waste Management, be passed
directly to the residential units on October 1, 1989 (since the
estimated revenue of $.85 per unit and the disposal savings of $.55
per unit is based on projections only).
Walter O. Barry, City Manager
Page Two
February 28, 1989
2. A review be made of the revenues (disposal savings and sold materials)
and the costs ($1.85 per unit) and the rates adjusted downward, if
necessary.
3. There are presently no reserves in the Sanitation Fund to cover
shortfalls.
DMH/jw/sam
cc: Robert A. Barcinski, Assistant City Manager/Community Services
Jan Williams, Project Cost Accountant
02/24/89
AGREEMElfT
....
ARTICLES OF AGREEMENT made and entered~ffit~ this 1st day of
.
March, 1989 by and between the CI,TY OF DELRAY BEACH, a Florida
municipal corporation, hereinafter referred to as the "City", and
WASTE MANAGEMElfT INC. OF FLORIDA, hereinafter referred to as the
"Contractor". 1 "
.' WITNESSETH:
The City and the Contractor, for the consideration stated
herein, agree as follows:
,
SECTION 1. DEFINITIONS
For the purpose of this Contract the following terms, phrases,
words, and their derivations shall have the meaning given herein.
When not inconsistent with the context, words used in the present
tense include the future, words in the plural number include the
singular number, and words in the singular number include the
plural number. The,word "shall" is always mandatory and not merely
directory.
1- BULKY WASTES shall mean large discarded items placed for
disposal such as large boxes, barrels, crates, and large furniture
but not including Garden and Yard Trash and Special Waste items.
1
2. CITY REPRESENTATIVE shall mean the employee or employees
designated in writing by the City Manager to represent the City in
the administration and supervision of this Contract.
..
3. ~ shall mean the City of Delray Beach, Florida, a
....
Florida municipal corporation, acting throuqh~t~ City Commission
or City Manager or official designated by the City manager as the
case may be.
4. COMMERCIAL TRASH shall mean any and all accumulations of
paperi rags; excelsiori wooden, paper or . cardboard boxes or
containers; sweepings; furniturei appliances; tires; and any other
accumulation not included under the definition of garbage,
generated by the operation of stores, offices, public buildings and
other business places. Commercial trash shall also include all
I
trash placed in public receptacles in public places for collection
as provided by this Contract.
5. CONTRACTOR shall mean the individual, partnership or
corporation who or which agrees to perform the work or service as
set forth in the contract proposal and contract agreement.
6. DISPOSAL COSTS shall mean the "tipping fees" or landfill
costs charged to the Contractor by others for disposal of the
garbage and trash collected by the Contractor.
7. GARBAGE shall mean any and all accumulations of animal,
fruit or vegetable matter that attends the preparation, use,
cooking, and dealing in, or storage of, meats, fish, fowl, fruit,
vegetables, and any other matter, or any nature whatsoever which
is subject to decay, putrefaction and the generation of noxious and
2
,
offensive gases or odors, or which, during and after decay may
serve as breeding or feeding material for flies and/or other germ
carrying insects; bottles, cans, or other food containers which due
to their ability to retain water may serve as a breeding place for
,~.~.
mosquitoes or other water breeding insects. ->", -;
8. GARBAGE BAG shall mean plastic or paper disposable bags
of substantial strength and of a quality approved by the Director
of Public Works as suitable for containing refuse.
9. GARDEN AND YARD TRASH shall llIean any and all
accumulations of grass, palm fronds, leaves, branches, shrubs,
vines, trees, tree stumps, and other similar items generated by the
maintenance of lawns, shrubs, gardens and trees.
10. HAZARDOUS WASTE shall mean wastes classified as hazardous
I
under the Resource Conservation and Recovery Act, 42 USC 1002, as
amended, or regulated as toxic under the Toxic Substances control
Act, 15 USC 2601, as amended, or under regulations promulgated
thereunder or defined as hazardous under the Florida Administrative
Code Chapter l7-30 or any other applicable state or local law or
regulation.
1
11. HOUSEHOLD TRASH shall mean any and all accumulations of
waste materialcfrom the operation of a home, which is not included
within the definition of garbage. Household trash shall include,
but not be limited to, all small appliances, small furniture, yard
toys, building material waste from residential do-it-yourself
projects. Waste generated by building contractors or
3
subcontractors and waste generated by tree surgeons is not
household trash.
12. INDUSTRIAL WASTES shall mean any and all debris and waste
products generated by canning, manufacturing, food processing
" ,.....~
(except restaurants), land clearing, buirdrhg~ construction or
alteration (except residential do-it-yourself projects), and public
works type construction 'projects whether performed by a
governmental unit or by contract. The collection of industrial
wastes is not included under the terms and scope of this Contract.
13. MECHANICAL CONTAINER shall mean containers for the
deposit of Refuse that may be emptied by mechanical means.
14. MULTIPLE DWELLING UNITS shall mean any building
containing five (5) or more permanent dwelling units, not including
I ..
motels or hotels.
15. PERFORMANCE AND PAYMENT BOND shall mean the form of
security approved by the City and furnished by the Contractor as
required by this Contract as a guarantee that the Contractor will
execute the work in accordance with the terms of the Contract and
will pay all lawful claims.
16. RECYCLABLE MATERIAT.~ shall mean all mixed paper, glass,
plastic and aluminum that is collected in the City by the
Contractor and accepted for recycling by area recycling centers.
17. REFUSE shall mean Garbage, Garden and Yard Trash,
Household Trash, and Commercial Trash, but does not include
Hazardous Waste, Special Waste, Industrial Waste or Recyclable
Materials that are separated as required herein.
4
18. REFUSE CONTAINER shal~ be a plastic or galvanized metal
"
can of a type commonly sold as a garbage can and not to exceed
.
thirty-two (32) gallons and not less than four (4) gallons in
capacity, and each such can shall have two (2) handles upon sides
,.....'!>.
of can or bail by which it may be lifted a~~'snall have a tight
-
fitting top.
19. RESIDENTIAL 00- IT"'YOURSRT.Jl' PROJECTS shall solely mean
minor residential repairs done exclusively by the homeowner
himself/herself. "
20. ROLL-OUT CARTS are 80 to 90 gallon wheeled containers of
a type approved by the City Manager or his/her designee, and shall
be equipped with wheels, and a lid latch that will keep the lid
closed if the cart should be knocked or blown over.
I
21. SPECIAL WASTE shall mean any Miscellaneous Special Waste
as specifically defined in Appendix A.
22. SURETY shall mean the party who is bound with and for the
Contractor to insure the payment of all lawful debts pertaining to
and for the acceptable performance of the Contract. Said Surety
shall be nationally recognized and licensed to do business in
Florida, with a registered agent in Palm Beach, Broward or Dade
County. There must be presented evidence that any attorney, in
fact, has power of attorney.
23. TRASH shall include Commercial Trash, Household Trash,
.
and Garden and Yard Trash as each are herein defined, unless
specifically provided to the contrary.
5
.
SECTION 2. SCOPE OF WORK
1. It is the intent of this Contract to provide for the
total collection of all Refuse, Bulky Wastes and Recyclable
Materials in the City with the exception of the exclusions
specifically listed. _w...~.'~'~:
2. The maps attached hereto _as Appendix B and expressly made
a part hereof, delineate th& areas of the City which will receive
Type A (Roll-out Carts), or Type B (Rear door/Slide door), or Type
C (Curbside - Garbage and Household Trash in Disposable Containers)
or Type D (Curbside - Owner's Container) Service, or Type E
(Mechanical Containers and Commercial Refuse Container service).
Areas annexed into the City subsequent to the commencement of this
Contract shall be provided the same type of service as the
,
contiguous areas of the ci ty to the property which was annexed
unless specifically designated by the City Commission to receive
another type of service set forth in this Contract. Type E service
(Mechanical Containers) shall be provided to all establishments as
provided in Section 2, Paragraph 11 hereof regardless of location
in the City.
3. Except for unusual circumstances, and with the express
permission of the City's Representative, the Contractor shall not
begin collections before 6:00 a.m. or after 7:00 p.m. in any
residential area or in any area adjacent to a residential area or
where residents may be disturbed by collection activity. At all
1
times collections shall be made with as little disturbance to
..
6
.
residents as possible. All changes in schedules and routes must
be approved by the City Representative in advance of such change
taking place.
4. All work shall be done in a sanitary manner and any
....,.
Refuse spilled shall immediately be picked ~b~the Contractor.
5. The City currently has in effect ci ty of Delray Beach
Code of Ordinances Section 51.23 which requires persons engaged in
commercial landscape or lawn maintenance business to haul Garden
and Yard Trash generated by their activities.to the disposal site
as referred to in Section 10, and the collection of such trash is
therefore excluded from this Contract.
6. Nothing in this section shall require the Contractor to
remove Trash resulting from 1 construction activity (except
.
residential do-it-yourself projects) or the clearance of vacant
,
lots, except as further required in Section 2, paragraph 13 of this
Contract.
7. Roll-out Cart Service - TVge A.
A. The Contractor shall furnish and deliver to each
single dwelling unit or each unit in a multiple dwelling unit (not
served with mechanical containers) served in the areas designated
for Type A service on the service area map attached as Appendix B,
one roll-out cart ready for use. The roll-out carts shall be the
sole property of the Contractor, who shall be responsible to
replace or repair damaged or otherwise unserviceable roll-out carts
at its sole expense, regardless of the cause of damage or loss,
provided that nothing herein shall relieve the customer from
7
,
exercising reasonable care of the roll-out cart. If a roll-out
cart becomes unserviceable or is missing because of customer
neglect, the Contractor must nevertheless repair or replace it, but
the Contractor does not hereby waive his rights, if any, to proceed
,~.'!!>-
against the negligent customer. Additional ,:r6If-':"out carts may be
rented to the customer at a charge not to exceed Two and 50/100
Q -
Dollars ($2.50) per month.
.
B. ' The City agrees to require the roll-out carts to be
used for all Refuse that can be reasonably contained therein.
C. Refuse shall be collected at least twice each week
on regular schedules and routes from roll-out carts which have been
placed for collection adjacent to the edge of pavement or travelled
way of the street. However, those customers who, by reason of
I
disability, certified by a doctor and approved by the city
Representative, are unable to place mobile containers at the
street, collection will be from roll-out carts located at
accessible locations adjacent to the house, and shall be replaced
when emptied.
The Contractor may, at his option, arrange to
provide rear-door service to customers in the Type A areas desiring
such service at an additional cost billed directly to the customer
by the Contractor.
D. Garden and Yard Trash and Household Trash in excess
of that amount which can be contained'by the roll-out container
shall be collected from the curbside at the same time as Refuse is
collected if such trash is in containers or bundles of less than
8
fifty (50) pounds each and with no dimension over four (4) feet
each. Palm fronds shall be collected unbundled.
8. Rear-DoorISide-Door Service - Tvee B.
A. Refuse shall be collected at least twice each week
,......'!f_
on regular schedules and routes from the rear:'.'.sfiie, or front of
.
an adjacent to the served residence, in 'locations reasonably
accessible to the Contractor, including underground containers in
use on July 3, 1975 (no additional underground containers shall be
permitted by the City). "
B. Garden and Yard Tr,sh, and Household Trash placed
adjacent to the pavement or travelway of the street, in containers
..
or bundles less than fifty (50) pounds each and with no dimension
over four (4) feet each shall be collected along with the Refuse
I
collection. Palm fronds shall be collected unbundled.
9. Curbside - Refuse in Diseosable Containers - Tvee C.
A. Refuse shall be collected at least twice per week
on regular schedules and routes from the front of the served
residence, which must be in locations adjacent to the street.
B. Refuse shall be placed in secured plastic bags or
other secured disposable container and no bag shall weigh more than
fifty (50) pounds.
10. Curbside - Owner's Container - Tvee D.
A. Refuse shall be collected at least twice per week
on regular schedules and routes from the owner's refuse containers
placed for collection adjacent to the edge of the pavement or
travelled way of the street. Customers who, by reason of
9
'disability certified by a doctor and approved by the City
Representative, are unable to place refuse containers at the street
shall be treated as specified above for Type B service.
B. Garden and Yard Trash, and Household Trash placed
~...
trlivelled ".,..I'.~
adjacent to the pavement or way :,'o'f ~ the street in
.
containers or bu~dles less than fifty (50) pounds each and with no
dimension over four (4) feet each, shall be collected along with
Refuse Container collection. Palm fronds shall be collected
unbundled. ,
11. Mechanical Containers and Commercial Refuse Container
Service - TVDe E.
A. Multiple Dwelling Units shall normally be required
by the City to use Mechanical Containers, except as otherwise
I
approved by the city Representative because of lack of suitable
space for a Mechanical Container or other good reason.
B. Commercial Units shall include, but not be limited
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 Units may receive either
Mechanical Container service or Refuse Container service as
provided herein.
1. The Contractor shall make collections with as
-
little disturbance to Commercial Units as possible. This work
shall be done in a sanitary manner, and any Refuse spilled by the
10
.
,collection sha 11 be picked up immediately by the Contractor's
employees at its own expense.
2. Commercial units may use any of the following
containers for accumulation of Refuse:
,....~.
a. Refuse Containers, pr~~ded that the City
shall require any commercial units needing more than six (6) Refuse
Containers per week to use Mechanical Containers, if feasible.
b. Mechanical Containers.
C. Frequency of Collection. Refus~'shall be collected
not less than once per week on a regular schedule, and at a greater
frequency if required to protect the public health. Collection
service for units using Mechanical Containers will be made
available for up to six (6) days a weeki the frequency of service
I
will be mutually agreed upon by the customer and the Contractor.
If Refuse is collected more than once per day, the Contractor may
charge the customer for the extra collection, at a price equal to
the number of collections times the daily rate. All properly
containerized Refuse generated at Commercial Units shall be
collected.
D. Container Locations. The City shall require the
owners/operators of Commercial Units to accumulate Refuse in
locations mutually agreed upon by the City, owner/operator and the
Contractor and which are convenient for collection by the
.
Contractor; provided, however, that all containers shall not be
"
situated in right of ways unless otherwise authorized by the City.
11
r r
,Where mutual agreement is not reached, the City Manager shall
designate the location.
E. Mechanical Containers. The Contractor shall provide
Mechanical Containers as required to maintain satisfactory service
...
for all Commercial Units. All Mechanical co~~~l;~rs (Dumpsters)
.
shall be painted burgundy. Any existing galvanized Mechanical
Containers shall be exchanged for painted containers. Such
containers shall be emptied on a schedule mutually agreed upon by
the customer and the Contractor, but not less than one (1) day a
week or more than six (6) days a week. Maintenance of Mechanical
Containers shall be as set forth in the Code of Ordinances of the
City of Delray Beach; however, the Contractor shall be responsible
for maintaining Mechanical Containers in an operable condition at
I
all times and shall clean and paint such containers as necessary
to maintain them in a clean and sightly condition. No additional,
new or up-sized Mechanical Containers (Dumpsters) shall be
installed without the prior approval of the Code Enforcement
Department. Th~ Contractor shall not impose any separate or
additional charge to customers or the City for the rental or
routine/regular maintenance of Mechanical Containers.
F. Commercial Refuse Container Service. Commercial
Units needing less than six (6) Refuse Containers, and those
approved for this type of service by the City Representative
because they lack a suitable location for a Mechanical Container,
shall be serviced at least once each week, or more frequently to
protect the public health, on regular routes and schedules. All
12
'Refuse shall be collected from Refuse Containers at locations
agreed to, between the Contractor and customer, and approved by the
City Representative.
12. Public Procerty.
1 ,.....t!t-.
A. The Contractor shall cOllect'~"~efuse on public
, .
property in the' same manner as-' for, private' customers under the
applicable type, from containers servicing City buildings
including, but not limited to, the City Hall, civic Center, Fire
Stations, Police Station, Adult Center, Water Plant, Sewage
Treatment Plant, North Water Plant (utilities Offices) and Public
Works Complex.
B. There are Refuse Containers located on public street
right-Of ways, parks, and in pUblic parking lots for pUblic use.
I
Those containers shall be emptied by the Contractor no less than
twice per wE!'ek, and more frequently when necessary as determined
by the City Representative. However, containers more than ten (10)
feet from the paved street or travelway are excluded from this
Contract.
C. There are Refuse Containers located on the municipal
beach which shall be emptied by the Contractor each day or less
frequently as specifically approved by the city.
D. The Contractor agrees that, effective October 1,
1989, Contractor shall collect refuse from the areas described
,
above at no cost to the City; however, except the Contractor shall
not provide such service at no cost to the City at pUblic housing
13
.
!
'projects, or in instances where Contractor is providing roll-off
service.
13. BUlkv Waste. Other Garden and Yard Trash and Courtesy
Service.
.. ,~.~
-,.;. ...
In addition to the regular collection as set forth in
.
this Contract, the Contractor shall provide continuous, once a
week, scheduled pickups, to collect all Garden and Yard Trash,
Bulky Waste, and Household Trash in the area of the City that is
bounded to the north by Lake Ida Road and N.E. ~th Street, bounded
on the south by S.W. lOth Street and S.E. lOth street, bounded on
the east by Federal Highway and bounded on the west by Interstate
95. The rest of the City, not included in the area described
herein shall be provided with the same service on a call-in basis,
I
with a mandatory 72 hour response time from the Contractor,
excluding Sundays and hOlidays. The Contractor shall also collect
Bulky Waste, Household Trash, and Garden and Yard Trash from the
swale or right-of-way of vacant lots in residentially developed
neighborhoods at no additional charge.
14. Exclusions.
Industrial Wastes, Hazardous Wastes and Special Wastes
are not included in this Contract. No business or customer shall
be classified as an industrial establishment and denied all Refuse
collection without prior written approval of the city Manager.
.
Customers who, upon approval of the City Representative,
elect to use roll-off/stationary compactor units and compactor
containers or like construction/bulk containers/compactor equipment
141
..
are excluded from this Contract. Nothing in this Contract shall
be construed to give the Contractor the exclusive right to service
such roll-off or compactor service.
15. Contractor shall report to Code Enforcement Department
"-
on a daily basis to discuss complaints and td,~e6eive trash pile
pickup requests. -
16. Contractor will provide the Code Enforcement Department
with a monthly report indicating discontinued and terminated
Mechanical Container (Dumpsters/commercial) service. When service
is terminated the Contractor shall remove the Mechanical
Containers.
SECTION 3. SCHlmm.RS AND ROUTES
I
1. In General.
~he Contractor shall notify the City of its routes and
1
schedules and obtain approval of said routes and schedules from a
City representatfive. The City reserves the right to deny the
Contractor's vehicles access to certain streets, alleys, and public
ways inside the City or outside the City enroute to the disposal
site, where the City determines that it is in the interest of the
general public to do so because of the conditions of the streets
or bridges. Ho'wever, the Contractor shall not interrupt the
regular schedule and qual! ty of service because of such street
closures. .
Customers served under this Contract shall be notified
by the Contractor of the schedules provided by the Contractor. Any
15
and all route and schedule changes shall be approved by the City
Representative. Notices of changes in collection schedule shall
be prominently provided to each affected customer by individually
notifying same in writing at least seven (7) days prior to change
in schedules or routes. --,~,,:.,.....~:
The Contractor acknowledges and expressly accepts the
fact that at times during the year the quantity of Refuse to be
disposed of is materially increased by fluctuations in the amount
of Garden and Yard Trash and seasonal residents which may cause
additional workload. Both parties expressly agree that this
.'
additional workload will not be considered justification for the
Contractor to not fully and completely maintain the required
collection schedules and routes.
I
2. Storm.
In the ,event an excessive amount of debris or Refuse has
accumulated by reason of any severe storm (such as a hurricane or
freeze) , natural disaster, riot or other calamity, the Contractor
shall collect such debris or Refuse. The City agrees that it shall
pay the Contractor for such additional service in an amount
mutually agreed upon by the City and the Contractor, provided the
City has authorized such work in advance. Nothing in this Contract
shall exclude the City from using its own workforce and equipment,
or other contractors, for removal of debris or Refuse after such
,
storm.
16
3. Holidays.
The Contractor will not provide service on the following
holidays: New Years Day, Fourth of July, Labor Day, Thanksgiving
and Christmas. If the regular collection day falls on any of the
aforementioned holidays, ,....!!It
the Contractor shalY,eo~iect the refuse
on the next regularly scheduled collection day.
SECTION 4. RECYCLE DRT.R1Y BEACH - PILOT PROGRAM..<;
1- Residential Pilot Proaram. -
A. Commencing April 1, 1989, the Contractor shall
initiate a six (6) month mUlti-material curbside recycling program
in two (2 ) communities identified by the City. The two, (2)
communities shall have a total of between eight hundred (800) and
,
one thousand (1,000) residences.
-8. The Contractor will provide each residence in the
pilot program with one fourteen (14) gallon "Recycle America"
container (the "Recyclable Containers") . Residents will be
encouraged to use the Recyclable Containers for the accumulation
of mixed paper, glass, plastic and aluminum. The Contractor shall
provide weekly curbside collection service for the items placed in
Recyclable Containers, such collection to be made on one of the
regular Refuse collection days. In the event the Recyclable
Containers contain unacceptable materials, the materials will not
be collected and an explanatory notice will be placed in the
container.
1
17
.'
, .
C. During the term of the pilot program the Contractor
will replace lost, stolen or damaged "Recyclable Containers" at no
cost to the residents or the City upon notification of the
resident.
Commercial Pilot Proaram. ~ ,~.~-
2. . ._,,,;. .:
A. Commencing April,- 1, 1989, the Contractor shall
initiate a six (6) month mixed paper recycling program for a
condominium development selected by the City. The condominium
development shall have between two hundred-forty (240) and seven
hundred-twenty (720) dwelling units.
B. The Contractor shall provide adequate containers to
collect the mixed paper recyclable and shall service such
containers at least once per week.
.
3. Data Gathering.
'!'he Contractor shall keep records of the number of
residences participating in the Residential Pilot Program based on
the number of Recyclable Containers set out each week. The
Contractor shall also keep records of the gross weight and
constituent components, by weight, of the various materials
collected and delivered to recycling centers.
1
4. Public Relations and Education.
.
The Cit.y and the Contractor will share responsibility for
the promotion of the pilot recycling programs. The City and the
Contractor will cooperate in the design of promotional events and
educational programs and the preparation of promotional materials
such as door hangers and/or flyers for pUblic distributioni
18
however, the City's contribution shall be subject to budget, review
and approyal by the City. The Contractor will distribute written
information to the residential participants on a periodic basis.
The Contractor further agrees to conduct presentations for schools,
...
civic groups, homeowners associations and -~, 'btfier appropriate
.
citizens groups.
5. OwnershiD and Sale of Recvclable Materials.
The City shall be the o~ner of all Recyclable Materials
I
collected in the pilot program and shall, as " owner and seller,
,
cooperate with the Contractor in the sale of such materials. The
Contractor and the City shall cooperate to develop markets for the
Recyclable Materials, and shall provide reports as required by the
City.
I
6. Proaram Evaluation.
Urror about June 15 and August 15 the Contractor and the
City will review the results of the first two (2) months and the
second two (2) months "Recycle Delray Beach" operations, and will
measure performance based on the following specific criteria: (i)
Participation levels of fifty percent (50%) or greater have been
attainedi and (ii) recycled material volumes of +/- ten percent
(10%) of those projected have been attained.
7. RecordkeeDina.
The Contractor will develop and maintain all data
,
required by the State of Florida Department of Environmental
Regulation and other state or local governmental agencies to insure
that all aspects of the 1988 Solid Waste Act are complied with.
19
8. Cost to the City.
contractor agrees to perform the pilot recycling program
at no cost to the City or Residents, except for the City's
participation il' any promotional activities, as described in
Paragraph 4 of this Section. _w...".,.....,~~
.
SECTION 5. RECYM.R DRY.RAY BEACH - CITY-WIDE PROGR.Uf
1. Residential Proaram.
A. Commencing October 1, 1989, the Contractor shall
initiate a city-wide mUlti-material recycling program for all
residences in the City. The Contractor will purchase an adequate
number of recycle vehicles and recyclable containers and will hire
and train an adequate number of personnel to begin the City-wide
I
program.
ft. The Contractor shall provide each residence one (1)
14-gallon Recyclable Container at no charge. Residents will be
encouraged to use the Recyclable Containers for the accumulation
of mixed paper, glass, plastic and aluminum. The Contractor shall
provide weekly curbside collection service for the items placed in
Recyclable Containers, such collection to be made on one of the
regular Refuse collection days. In the event the Recyclable
Containers contain unacceptable materials, the materials will not
be collected and an explanatory notice will be placed in the
container.
C. In the event that Recyclable Containers are lost,
damaged or stolen, the Contractor will replace containers at the
20
Contractor's invoiced cost. The Contractor will charge the
residence directly for replacement containers.
2. Commercial Proaram.
A. Commencing October 1, 1989 the contractor shall
~ ,.....!..
initiate '...' .
a city-wide mixed paper recycling' , program for all
.
condominiums and apartment compleXes ,containi'ng thirty (30) or more
dwelling units.
B. The Contractor shall provide adequate containers to
collect the mixed paper recyclables and shall service such
containers at least once per week.
3. Data Gathering.
The Contractor shall keep records of the number of
residences participating in the Commercial Program based on the
I
number of Recyclable Containers set out each week. The Contractor
shall alsO' keep records of the gross weight and constituent
components, by weight, of the various materials collected and
delivered to recycling centers.
4. Public Relations and Education.
The City and the Contractor will share responsibility for
the promotion of the recycling programs. The City and the
Contractor will cooperate in the ~sign of promotional events and
educational programs and the preparation of promotional materials
such as door hangers and/or flyers for pUblic distribution;
however, the City's contribution shall be subject to budget, review
and approval by the City. The Contractor will distribute written
information to the residential participants on a periodic basis.
21
The Contractor further agrees to conduct presentations for schools,
civic groups, homeowners associations and other appropriate
citizens groups.
5. OwnershiD and Sale of Recvclable Materials.
...
The city shall be the owner of all ~~able Materials
collected in the program and shall, as owner"and seller, cooperate
with the Contractor in the sale of such materials. The Contractor
and the City shall cooperate to develop markets for the Recyclable
Materials and the Contractor shall remit mOl\thly all proceeds
received from the sale of the Recyclable Materials to the City.
6. Proaram Evaluation.
The Contractor shall, upon the City's requ!,!st,
participate in periodic reviews of the progress of the recycling
I
program.
,
7. ~cordkeeDing.
The Contractor will develop and maintain all data
required by the State of Florida Department of Environmental
Regulation and other state or local governmental agencies to insure
that all aspects of the 1988 Solid Waste Act are complied with.
SECTION 6. PAYMENT TO THE CONTRACTOR
1. Collection and DisDosal Rates.
The rates for collection and disposal of Refuse and
Recyclable Materials shall be as set forth in Appendix C attached
hereto.
22
2. Ad;ustments.
No adjustments in rates shall be permitted during the
~
term of this Contract, except as expressly provided for in this
Contract. .'
,.....':!t.
A. Additions and Deletions. Chariag's -'-in Residential
.
Service.
On the first day of each month the Contract payment
for Type A, B, C, and D service and dwelling units using Type E,
Refuse Container service, shall be adjusted to ~orrespond with the
occupancy of existing or new buildings, and the demolition of old
buildings. The adjustment made on the first day of each month
shall be for buildings either occupied or demolished during,the
second month preceding the adjustmenti for example, any change
I
which is made on June 1 of any year will be for buildings occupied
or demolished in April of the subject year. Any existing uni t
shall be considered unoccupied whenever the City has temporarily
terminated water service, at the customer's request only. Any new
unit shall be considered to be occupied when a certificate of
occupancy has been issued and water service has been provided to
the unit's occupant(s). Proof of demolition shall be demolition
permits issued by the Building Department. The Contract
adjustments will be based on unit costs included in the
Contractor's original 1983 bid.
.
If, during the term of this Contract, the map
attached at Appendix B should be modified by City Commission action
which changes the type of service to be provided by the Contractor
23
in any area of the City, the Contract price shall be either
increaseq or decreased by subtracting the unit price of the new
service type from the unit price of the then existing service type
multiplied by the number of units served in the area to be charged.
...
B. Chancre in Cost of Doincr Busine~s:' ~:
1. Changes iil" collection' price. The base
compensation for collection payable to the Contractor for Refuse
and Recyclable Materials collection rates and additions and
deletions to compensate for growth or decline" shall be adjusted
upward or downward annually to reflect changes in the cost of doing
business as measured by fluctuations in the consumer price index
(CPI) for all urban consumer items excluding shelter as pUblished
by the U.S. Department of Labor, Bureau of Labor Statistics of
.
19 = 100. Beginning in October, 1990, the net change in
- Contract COllection rates shall reflect such increase or decrease
in the CPI as defined above for the last calendar year, but any
increase shall not exceed ten percent (10%) per annum. The
collection rates in subsequent years of the Contract shall be
adjusted annually based upon the net change as descried above for
the preceding year and any increases shall not exceed ten percent
(10%) per annum. Any decrease which may occur in the CPI is not
subject to limitation. This adjustment is not intended to apply
to the cost of disposal as separately adjusted.
,
24q
"
Example of computation of annual CPI change:
CPI (excluding shelter) as of December, 1982 207.2
CPI (excluding shelter) as of December, 1983 214.8
Index Point Change 7.6
....
Divided by last December index x lO~.~ '~ -207.2
. 3.66%
Both parties hereby expressly agree that the
annual CPI adjustment provided herein specifically compensates the
Contractor for all changes in its cost of doing business (except
as otherwise expressly allowed herein), including but not limited
to fuel, labor, equipment, rent, and vehicles, and specifically
excludes and prohibits the Contractor from requesting, or the City
l
from granting, other increases in collection rates during the term
of this Contract.
1
2. Changes in disposal cost. The parties
acknowledge tha~ the current maximum cost of disposal is Thirty-
three and 50/100 Dollars ($33.50) per ton. However, it is
recognized that, from time to time, the actual cost charged to the
Contractor by a disposal agency, of disposal of Refuse at the
disposal site, as referred to in Section 10, ("tipping fee") will
change. In the event of such change in the tipping fee, the
Contractor may request, and the city upon sUbmission of sufficient
proof of such change shall grant, such increase in contract price
for the disposal cost as will compensate for the actual change of
25
disposal cost. Decreases in disposal cost shall be cause for a
like dollar decrease in contract price.
Refuse collected in the city shall be disposed
of at the transfer station site at South of Linton Boulevard on
- .,......~.
Southeast Fourth Avenue. It is recognized, . ...". ~ that during
howev~r,
.
the term of this Contract, the disposal site may be changed,
subject to City approval. In' the event of a change of disposal
site, but only if the distance to the new site exceeds five (5)
miles one way from the present transfer station, the City agrees,
q
based on documented actual increases acceptable to the City, to
provide additional compensation to the Contractor based on actual
increases in the Contractor's costs attributable to the change of
disposal location, including equipment, labor, and fuel costs, plus
,
a reasonable mar~in as determined by the City Commission. However,
nothing in-this section shall require additional compensation for
the Contractor for temporary changes in disposal location of one
(1 ) week or less, or for occasional trips to dispose of refuse
exceeding five (5) miles.
3. ~hanges in law or regulation. The Contractor
shall be entitled to request a modification of the contract and/or
contract rates to sufficiently offset the amount of (i) any
increased costs of operation incurred by Contractor due to a change
in law, regulation or rule applicable to Contractor in the
performance of this Contract which takes effect subsequent to the
date hereof, or (El any fee, surcharge, duty, tax, or other
charges of any nature imposed by the federal government, any agency
26
thereof, the state of Florida, any agency thereof, or by any local
governmental agency which is payable solely by reason of the nature
of the operations conducted by the Contractor.
4. Charges for disposal of Recyclable Materials.
,.....'!f.
In the event that Recyclable Materials are n~~sa~eable and must
be disposed of at a disposal site, the City will reimburse the
Contractor for the actual costs of such disposal.
5. Recyclable Materials collection adjustment.
In the event that the Contractor enters into an"agreement with the
Palm Beach County Solid Waste Authority to provide similar
recycling collection services in the contractor's franchised
districts in unincorporated Palm Beach County, and the, price per
residence is lower than that charged by the Contractor to the City,
I
the Contractor will adjust its charge to the City downward to be
the same a~ the rates charged to the Palm Beach County Solid Waste
Authority.
3. UnoccuDied Businesses and Residences at the Time of the
Execution of the Contract.
Except as provided for in Section 6, Paragraph 2.A.,
there is no provision in this Contract for decrease in contract
price when existing businesses or houses occupied at the time the
Contract is executed become unoccupied, and likewise there shall
be no increase in contract price when previously unoccupied
businesses or houses become occupied.
27
1
..
4. Method of Billina.
A. The Contractor shall bill the City for services
rendered to the City hereunder by the 25th day of the month in
which service is performed, and the City shall pay the Contractor
by the loth day of the following month. _w;..~:.....~:
B. Except as modified below, the City shall bill the
customers for all Type A, B, C,' and 0 service, dwelling units using
Type E, Refuse Container Service and Recyclable Material collection
and disposal rendered by the City or the contractor pursuant to
this Contract. All additional, special or nonregular services not
provided for in this Contract, rendered by the Contractor for a
specific customer may be billed directly to the customer by the
Contractor at the rate and under the terms and conditions agreed
I
to between the customer and the Contractor, specifically
recognizing that the City shall not be a party to any such
agreement for such additional services. The Contractor shall bill
the customers monthly in the City of Delray Beach who receive Type
E, MeChanical Container service and Commercial Units using Type E,
Refuse Container service, as provided for in Sections 51.70 and
51. 71 of the Code of Ordinances of the City of Oelray Beach,
Florida. Notwithstanding the rendering of such bills from the
1
Contractor, any delinquent bills may be collected by the City
pursuant to the provision set forth in Chapter 51 of the Code of
Ordinances of the City of Delray Beach, Florida.
C. The rate which the Contractor may bill such
customers receiving Type E service shall be at the rate set forth
28
,in Appendix C, plus a seven percent (7%) overhead costi and the
Contractor shall pay the City by the 10th day of the month
following the month in which the service is performed three (3) of
the seven (7) percent administrative costs with the Contractor
,~.'!:f.
retaining the other four (4) of the seven (7).'l>ercent, and thus
keeping to the Contractor the regular service charge levied for
Type E service, plus the other four (4) of the seven (7) percent
of said overhead add on.
D. Contractor agrees ~ to bill individual commercial
accounts individually, as follows:
1. Contractor shall bill individual tenants of
commercial properties individually, provided that the owner of the
real property and/or the landlord would enter into an agreement
I
with Contractor to guarantee payment of delinquent bills submitted
to tenants-after sixty (60) daysi and
2. In instances of commercial property where each
of the individuals is also a real property owner, Contractor shall
bill each individual tenant/property owner individually; and,
3. That the City is permitted, to the extent of
its lawful ability to do so, to file liens for unpaid Refuse and
Recyclable Material collection and disposal, provided proof
sufficient to the City is submitted of proper notices such lien
procedures shall be utilized and only in instances where it
involves the landlord guarantee and/or real property owner
individual billings. Furthermore, the City would be able to
29
recover from the lien or be given a credit by Contractor for its
administrative costs out of pocket involved in this process.
5. ReDort of Service.
Both parties acknowledge'that from time to time the need
... '
may arise for fa~tual reports form the Contracto~ Be the City; for
example, but not by way of limitation, informa:tion/reports relative
to the weight and/or volume of the Refuse being collected. The
Contractor agrees, within a reasonable time, to provide such
information/reports, relating to the Contractor,' s operations when
requested in writing by the City Manager.
SECTION 7. TERM OF THE COH'rRACT
The term of this Contract shall be for a period commencing on
I
April 1, 1989 and continuing through September 30, 1994. This
Contract snaIl be automatically renewed for additional five (5)
year periods unless either party shall give written notice of non-
renewal at least sixty (60) days prior to the end of the initial
term or one of the five (5) year renewal terms.
Cancellation or Annulment of Contract Without Cause. The City
may cancel or annul this contract without cause at any time during
the duration of this contracti provided, however, that in such
event, the City shall either a) give notice of said cancellation
or annulment as described below or; (b) effect a buyout.
If the City elects to cancel the contract and does not wish
to effect a buyout, then the City must furnish the Contractor with
notice of its intent to cancel or annul the contract, without
30
1
cause, at least!twelve (12) months prior to the actual effective
date of the cancellation or annulment of said contract. Except
that in the last year of the five (5) year contract or within the
five (5) year period, only ninety (90) days notice of cancellation
or annulment by the city shall be required. -~ ,,".'~.~~...
.
If the City elects to effect a buyout,' the City shall give
the Contractor ninety (90) days notice of its intent to cancel or
annul the contract, without cause, to the Contractor prior to the
effective date of the cancellation or annulment of the contract.
The City in effecting a buyout, shall pay to the Contractor within
thirty (30) days after the effective date of the cancellation or
annulment of the contract, a sum of money equal to the then
appraised value, as appraised by the Contractor and verified by the
,
City's appraiser, of all equipment, trucks and other vehicles that
the City deems are necessary for the collection of garbage and
trash in the City of Delray Beach, Florida. All appraisals shall
be conducted by both parties by a qualified Waste Equipment
Appraiser. If there is less than a ten percent (10%) variation
between the appraisals, then the valuation shall be the average of
the two (2) appraisals. If the appraisals vary by more than ten
percent (10%), a third appraiser, as agreed to by each party shall
be appointed and the valuation shall be the amount specified by the
third appraisal. The Contractor shall transfer equipment, trucks
,
and other vehicles deemed by the City to be necessary for
collection of garbage and trash within the City to the City on the
effective date of the cancellation or annulment of the contract.
31
1
The Contractor shall provide the City with a yearly report listing
the amount and types of trucks, vehicles, and other equipment that
the Contractor uses to collect garbage and trash within the City
of Delray Beach, Florida.
_w,..~.,~.":,~
SECTION 8. COH'l'RACTOR'S FACiLITIES
Any storage and garage, facilities the Contractor deems
necessary for the satisfactory performance of this Contract shall
be the sole responsibility and expense of the Contractor.
SECTION 9. EOUIPMEHT
1. Vehicle TVDe.
For Refuse collection, the Contractor shall use only
I
vehicles which are water tight to a depth of not less than eighteen
(18) inches, with solid sides, using pneumatic tires. For
Recyclable Materials collection, the Contractor shall use equipment
reasonably satisfactory to the City.
~
2. Amount.
,
The Contractor shall provide sufficient equipment in a
proper operating condition so that regular schedules and routes of
collection can be maintained.
3. Condition.
Equipment is to be maintained in a reasonable, safe,
working condition; to be painted a uniform burgundy color, the
company name, telephone number and the number of the vehicle
printed in ietters not less than five (5) inches high on each side
32
of the vehicle and a record be kept of the vehicle to which each
number is assigned and said records shall be promptly provided to
the City upon z:equest. No advertising shall be permitted on
vehicles.
...
The Contractor is required to keep~Crlli~ction vehicles
and Mechanical Containers cleaned and painted a uniform burgundy
color to present a pleasing appearance.
SECTION 10. DISPOSAL OF REFUSE
All Refuse and Bulky Waste collected by the Contractor shall
be delivered to a site/sites or f~cility/facilities as specified
by the City. Currently, the designated disposal site is the
.'
Transfer Station located South of Linton Boulevard on Southeast
I
Fourth Avenue. Such sites or facilities shall be legally empowered
to accept the Refuse for treatment, processing and/or disposal.
SECTION 11. WORKING CONDITIONS
1. The Contractor shall comply with a;n applicable state and
federal laws relating to wages and hours, and all other applicable
laws relating to the employment or protection of employees, now or
hereafter in effect.
2. The Contractor is required and hereby agrees by accepting
this Contract to pay all employees not less than the federal
minimum wage and to abide by other requirements as established by
the Congress of the United States in the Fair Labor Standards Act
as amended and changed from time to time.
33
SECTION 12. OUALITY OF SERVICE
1. Character of Workers and Eauipment.
The direction and supervision of Refuse collection and
"',
disposal and the Recycle Delray Beach prog'fam- shall be by
competent, qualified and sober personnel, and the Contractor shall
devote sufficient personnel, time and attention to the direction
of the operation to assure performance satisfactory to the City.
The Contractor shall indemnify, defend and save' the City harmless
from all claims, suits or actions of every name and description
brought against the City for or on account of any injuries or
damages received or sustained by any person or property from the
acts, errors, omissions or negligence of said Contractor, or his
,
servants or agents, relative to personnel or disciplinary actions
regarding ~e Contractor's employees, including, but not limited
to, discharge.
The Contractor shall see to it that its employees serve
the pUblic in a courteous, helpful and impartial manner.
Contractor's employees collecting Refuse will be required
to follow the regular walk for pedestrians while on private
property, unless the owners or occupants give permission to walk
across lawns. Care shall be taken to prevent damage to property,
including shrubs, flowers and other plants.
After emptying containers, employees shall return them
to the same location from which they were taken and anything
spilled shall be picked up immediately by such employee.
34
l
..
2. Ooeration.
Each non-packer type collection vehicle shall be equipped
with a cover, as required by Florida statutes as currently in
existence or which may be amended from time to time or fully
enclosed metal Such cover shall ,....."".
top. be kep~,'''in-'''good order and
used to cover the load going to.' and from the disposal site, and
when parked if contents are likely to be scattered if not covered.
Vehicles shall not be overloaded so as to scatter Refuse; however,
if Refuse is sc~ttered from Contractor's vehicle for any reason,
it shall be picked up immediately by the Contractor. The
Contractor's vehicles are not to be left standing on streets
unattended except as made necessary by loading operations.
In the event the Contractor's equipment or employees
I
negligently cause damage to any ground surface, whether paved or
unpaved, the Contractor shall promptly repair such damage and
return the ground surface to a safe and sightly condition.
SECTION 13. FAILURE TO COLLECT REFUSE (Liquidated Damaaesl
1. The Contractor agrees that should ten (10) or more
customers in anyone route not receive the scheduled and agreed
upon collections during any day, the City shall withhold from any
monies due the Contractor, not as a penalty, but as liquidated
damages for such breach of contract, the sum of Seven Hundred Fifty
and NOj100 Dollars ($750.00) for each area where the Contract is
so breached.
35
2. Should the Contractor fail to perform in accordance with
the provisions of this Contract after notice from the City or the
customer to correct or abate the complaint or violation,
(complaints received from the City or the Contractor before 12:00
,~.'!t_
noon each day shall be serviced before 5:00-:'p";m-f that day; and
complaints received after 12:00 nOon shall be"serviced before 12:00
noon the following calendar day), the City shall withhold from any
money due the Contractor, not as a penalty but as liquidated
damages for such breach of contract, the following amounts for the
following failures:
A. Legitimate complaint of missed service; twenty-five
dollars ($25.00) each complaint in excess of twenty (20) complaints
in a month.
I
B. Failure to immediately and properly clean up
spillage from vehicles or after having emptied containers, whether
on private or public streets, alleys, etc.; fifteen dollars
($15.00) each instance.
C. Failure to immediately and properly clean vehicles
or containers; fifteen dollars ($15.00) each vehicle or container.
D. Failure to keep vehicles properly closed or covered;
fifteen dollars ($15.00) each instance.
E. Loaded vehicles left standing on street
unnecessarily; fifteen dollars ($15.00) each vehicle.
F. Failure to maintain schedules as established and,
as a requirement of this Contract, given in writing to the public
and to the City without good cause shown for such failurei five
q
36
.'
,
hundred dollars ($500.00) per route missed each week.
G. Failure to repair or replace commercial containers
within ten (10) days after notification; two dollars ($2.00) per
day for the eleventh (11th) and each succeeding day.
. ,~!!J.
H. Failure to replace or repair to~l~ut cart within
two (2) days of notice; three dollars ($3.00) each case.
L Failure to promptly repair damage to ground surfac,es
after notification; actual cost, as determined by the City Manager.
J. Placement of Mechanical Container in right of way;
twenty-five dollars ($25.00).
3. The Contractor shall maintain accurate and complete
records of all notices or complaints received by the Contractor,
and same shall be produced to the City on demand after reasonable
I
notice.
-
SECTION 14. CONTRACTOR' S RELATION TO THE CITY
1. Contractor as Indenendent Contractor.
It is expressly agreed and understood that the Contractor
is in all respects a1'1 independent Contractor as to the work
notwithstanding in certain respects the Contractor is bound to
follow the direction of designateh City officials, and that the
Contractor is in! no respect an agent, servant, or employee of the
City. The Contract specifies the work to be done by the
Contractor, but the method to be employed to accomplish this work
shall be the responsibility of the 'Contractor, unless otherwise
provided in the Contract.
37
I ,
2. Sublettino Contract.
The Contract, or any portion thereof, shall not be
sublet, transferred and/or assigned, except with the prior express
written consent of the City Commission. No such consent shall be
,.....~.
construed as making the City a party of or to~Sbc~ a subcontract,
transfer and/or assignment. NO subcontract, transfer, and/or
assignment shall, under any circumstances, relieve the Contractor
of his liability and obligation under this Contract, and despite
I
any such subletting, the City shall deal solely through the
Contractor. Subcontractors/transferees/assignees will be dealt
with as workers and representatives of the general Contractor, and
as such shall be subject to the same requirements as to character
and competence as are other employees of the Contractor.
,
It is stipulated and agreed that the liability of the
Contracto~S' security deposit shall not be affected by an extension
of the time of the completion of said work which may be granted by
action of the City Commission of the City of Delray Beach, Florida,
or the changing of provisions of this Contract, or the subletting,
transferring and/or assigning of a part of this Contract.
3. SUDervision of Contract Performance.
The Contractor's performance of this Contract shall be
supervised by the City Manager or some other representative of the
City designated in writing by the City Manager.
4. Citv Manaoer to be Referee. -
To prevent misunderstanding and litigation, the City
Manager or his designated representative shall reasonably and
38
impartially decide any and all questions which may arise concerning
the quality and acceptability of ihe work and services performed,
the sufficiency ~f performance, the interpretation of the Contract
provision, and the acceptable fulfillment of the Contract on the
. ,......~.
. OJ";'. ..
part of the Contractor; and the City Manager wi~l'determine whether
.
or not the amount, quantity, character and' quality of the work
performed is satisfactory. 'The City Manager shall make such
explanation as may be necessary to complete, explain or make
definite his or her interpretation of this Contract. The
Contractor does not waive any rights which it has to appeal a
decision of the City Manager to a court of competent jurisdiction.
5. Inspection of Work,
The Contractor shall furnish the City every reasonable
,
opportunity for ascertaining whether or not the work as performed
is in accordance with the requirements of the Contract.
The Contractor's Division Manager shall be the liaison
between the Contractor and the city.
The City may appoint qualified persons to inspect the
Contractor's operation and equipment at any reasonable time, and
the Contractor shall permit authorized representatives of the City
to make such inspections at any reasonable time and place.
6. Guarantee of Performance.
A. If the Contractor shall faithfully and properly
,
perform this Contract according to all terms hereof, including
payment to the proper parties of all amounts due for labor
performed, for equipment, materials and services furnished and
39
'consumed, for sales tax and for all insurance and royalties in
connection with or incidental to the performance and completion of
this Contract, and shall have protected, held harmless,
indemnified, and defended the City of Delray Beach as required in
,~t!f
4......../. _.~
said Contract, then the obligation of this section shall terminate;
.
otherwise to remain in full force and effect; provided, however,
that the Contractor shall per'sonally file with the City a sworn
statement that the provisions of this section have been fully
complied with, prior to his being released hereunder.
B. simultaneously with the delivery of the executed
Contract, the Contractor shall deliver to the City, an executed
bond in the amount of one million dollars ($1,000,000.00) as
security for faithful performance of the Contract and for payment
I
of all persons performing labor or furnishing materials in
- -
connection therewith, prepared on the form of bond attached hereto
as Appendix F, and have as surety thereon such company or companies
approved by the City and authorized to transact business in the
state where the work is located.
If the Contractor is a partnership, the bond should be
signed by each of the individuals who are partners; if a
,
corporation, the bond should be signed in the correct corporate
,
name by duly authorized officer, agent or attorney-in-fact. There
should be executed an appropriate number of counterparts of the
,
bond corresponding to the number of counterparts in the Contract.
Each executed bond should be accompanied by (a) appropriate
acknowledgement of the respective parties; (b) appropriate duly
40
certified copy of Power-of-Attorney or other certification of
authority where bond is executed by agent, officer or other
representative of Contractor or Surety; (c) duly certified extract
from bylaws or resolutions of Surety under which Power-of-Attorney,
~""'!!f .
or other certificate of authority of i ts ~'€gent, officer or
"
representative was issued.
7. CooDeration of Contractor Reauired.
A. The Contractor shall cooperate with authorized
personnel and representatives of the City in every reasonable way
in order to facilitate the progress of the work contemplated under
this Contract. He shall have at all times a competent and reliable
English speaking representative authorized to receive orders and
to act for him in the case of his absence.
I
B. The Contractor shalq maintain an office in the City
with a tel~pnone;with a locally published number and shall keep the
office open and the office telephone answered between the hours of
8:00 a.m. and 4:00 p.m. on weekdays and an after hour answering
service or phone for emergencies and weekend service. (Telephone
recording device is unacceptable and is not permitted.)
8. Taxes. ,
The Contractor shall be responsible for and shall pay all
federal, state, and local taxes including sales tax, social
security, workmen's compensation, unemployment insurance, city
occupational license fee and other required taxes which may be
chargeable against labor, material, equipment, real estate and any
other items necessary to and in the performance of this Contract.
41
.
9. citv Not Liable for Delavs.
1
It is expressly agreed that in no event shall the City
be liable or responsible to the Contractor or to any other person
on account of any stoppage or delay in the work herein provided
...
for, by injunction or other legal or equitable~~o~eedings brought
against the Contractor, or from'.or by or on' account of any delay
from any cause over which the City has no control and the
Contractor shall hold harmless, indemnify and defend the City, its
employees, officials and agents, for any and all claims made for
such delays and/or failures.
10. Breach of Contract.
It shall be the duty of the city Manager and any
officials of the City which he or she may designate to observe
,
closely the Refuse collection, disposal and recycling operations
and if, irr-the opinion of the City Manager, there has been a breach
of contract, the Oi ty Manager shall so notify the Contractor in
writing, specifying the manner in which there has been a breach of
contract. If within a period of seven (7). calendar days the
Contractor has not eliminated the conditions considered to be a
breach of contract, the City Manager shall so notify the City
Commission and a hearing shall be set for a date within ten (lO)
calendar days of such notice. At that time, the City Commission
shall hear the Contractor and the City representatives and shall
make a determination as to whether or not there has been a breach
of contract, and shall direct what further action shall be taken
by the City, as hereinafter provided.
42
.
11- Cancellation or Annulment of Contract.
The Contractor and the City recognize that it is of
paramount importance that the Contract be fully and properly
performed and the individual customers receive service. If the
J""-~.
Contractor fails to begin work at the time spie1ffed, or fails to
"
perform the work with sUfficient:numPer of workmen and sufficient
and adequate equipment to insure 'the property and substantial
performance of said Refuse collection work, or performs the work
unsuitable, or discontinues the prosecution cjf the work or any
portion thereof, or for any other cause whatsoever, excepting only
acts of God, does not carryon the work as aforesaid, or if the
Contractor becomes insolvent or declares bankruptcy or insolvency,
or allows any final judgment for the payment of money to stand
,
against him unsatisfied, and if the City through its City Manager
gives notfClf of such default, and the Contractor or his surety
fails to cure such default within seven (7) days after the giving
of such notice by the City, then the City may thereupon by action
of the City Commission declare the Contract cancelled. Upon such
declaration of cancellation, the City may, without cost to the City
or compensation to the Contractor, take over the work and take
possession, without further notice to the Contractor and without
judicial proceedings, of any and all equipment and the facilities
of the Contractor and operate and use the same in the performance
,
of the work and services described in this Contract for the
unexpired term of the Contract or for a period of three (3) months,
1
or whichever the City elects, and the Contractor agrees to
.'
43
,
surrender peacefully said equipment and facilities and to assist
the City in taking possession, or the City may enter into
agreements with others for the performance of the work and services
herein contracted for. Such cancellation of the Contract shall not
,.....t!f
relieve the Contractor or the surety of liabiltt~for failure to
faithfully perform this Contract~ and incas~ the expense incurred
by the City in performing or causing to be performed the work and
services provided for in said Contract shall exceed the payments
to the Contractor as provided in this Contract, then the Contractor
(and the surety to the extent of its obligation) shall be liable
to the City for said amount. Contractor's surety or security will
not be released until such time as the term of this Contract would
otherwise have expired.
I I
12. ODeration Durina DisDute.
i~.th~event the City has not cancelled the Contract in
accordance with the terms provided above, and there remains a
dispute between the Contractor and the City, the Contractor agrees
to continue to operate and perform under the terms of this Contract
while said dispute is pending, and agrees that in the event a suit
if filed for injunction or other relief, to continue to operate the
system until the final adjudication of the court.
SECTION 15. CONTRACT NOT AN EXCI.tJl'lIVE FRANCHISE
The Contractor shall have sole and exclusive rights to collect
Refuse, and Bulky Wastes and Recyclable Materials as defined in
this Contract within the corporate limits of the City of Delray
44
Beach, subject to statutory requirements governing the collection
of solid wastes in annexed areas. In no event shall the City be
responsible for paying duplicate charges to the Contractor or other
hauler for services in the annexed areas. The Contractor shall be
...~
free to engage in work as private scavenger orn<<6rer and to charge
the pUblic for services other than as provi~ed in this Contract.
Such private scavenging or haultng shall not be construed as
falling within the terms of this Contract, and the Contractor will
.'
solely be responsible to provide for disposal OY said refuse. The
City of Delray Beach reserves the right to piCk up refuse relating
to street maintenance, lot cleanup and other activities relating
to City functions. This is not to be construed as limiting the
freedom of customers to individually negotiate with any City
,
approved contractor for compactor or roll-off type service, or for
other services which have been excluded from this Contract.
This Contract provid~s for the Contractor to provide services
to the City for valuable consideration. The Contractor and City
have relied on the City's right under its powers to exclusively
control Refuse and Recyclable Materials. If that right is in the
future impaired in a manner that reduces the City's control of
Refuse and Recyclable Materials, then this Contract shall be
renegotiated or voided, but in no event shall such voidance be
deemed a breach of contract by the City unless the impairment of
the right was directly caused by the city.
45
SECTION 16. COMPLIANCE WITH LAWS AND REGULATIONS
The Contractor hereby agrees to abide with all applicable
federal, state, county and city laws and regulations. The
Contractor and his surety shall indemnify, save harmless, and
- .I.....~~
- ...j.. -
defend the City, all its officers, representatives, agents and
.
employees against any claim or liabil.ity arising from or based upon
this Contract and/or the Contractor's conduct during the term of
this Contract, or in the event the City is charged with the
responsibility, jointly or severally, for the-aforesaid conduct,
as a successor to Contractor.
SECTION 17. L~TTER: DANGEROUS ANrVAT_Cl
The Contractor shall not be responsible for scattered Refuse
I
unless the same has been caused by its acts or those of any of its
employees,-in which case all such scattered Refuse shall be piCked
up immediately by the Contractor's employees.
Employees of the Contractor shall not be required to expose
themselves to the danger of being bitten by vicious animals in
order to accomplish Refuse and Recyclable Materials collection,
but the Contractor shall immediately notify the City Manager, in
writing, of such condition and of his inability to make collection
because of such condition.
SECTION 18. INSURANCE
.
1- General.
Before commencement of the work and until all performance
l
due under the Contract is complete and accepted by the City, the
.'
46
Contractor shall procure and maintain, at his own expense,
insurance of the types and to the limits specified in subsection
2, below. Further, the Contractor shall not commence work under
this Contract until all such insurance has been approved by the
...~
City Attorney of the City of Delray Beach. --.._~:':':
The Contractor shall require each.of his subcontractors
to procure an maintain, ,until the completion of that
subcontractor's work, insurance of types and to the limits
specified in subsection 2, below. It shall be"the responsibility
of the Contractor to ensure that all his subcontractors fully
comply with all of the insurance requirements contained herein
relating to such subcontractors.
2. Coveraae.
I
Except as otherwise stated, the amounts and types of
insurance ~hall conform to the following minimum requirements:
A. Workers' ComDensation - Coverage to apply for all
employees for statutory Limits in compliance with the applicable
state and federal laws. In additj,on, the policy must include the
j
following:
,
1'. Employers' Liability with a limi t of
$500,000.00 each accident.
2. Notice of Cancellation and/or Restriction - The
policy must be endorsed to provide to the City of Delray Beach with
thirty (30) days written notice of canceliation and/or restriction.
B. Comprehensive General Liabilitv and Personal Iniury
Liability - Coverage must be afforded on a form no more restrictive
47
,
than the latest edition of the Comprehensive General Liability
Policy filed by the INsurance Services Office and must include:
1- Minimum limits of $1,000,000 per occurrence
combined single limi t for Bodily Injury Liability and Property
Damage Liability. - ,.....~.
- ...../. :-
2. Premises and/or Operations.
q
3. Independent Contractors.
4.'. Products and/or Completed Operations.
5. XCU Coverages. -,
6. Broad Form Property Damage.
7. Broad Form Contractual Coverage applicable to
this specific contract including any hold harmless and/or
indemnification agreement.
,
8. Additional Insured - the City of Delray Beach
is to be speeifically included as an additional insured (including
completed operation).
9. Notice of Cancellation and/or Restriction - The
policy must be endorsed to provide the City of Delray Beach with
thirty (30) days written notice of cancellation and/or restriction.
C. Automobile Liability - Coverage must be afforded on
a form no more restrictive than the latest edition of the Business
Automobile Liability Policy filed by the Insurance Services Offices
and must include:
1- Minimum limit of $i,ooo,ooo per occurrence
combined single limit for Bodily Injury Liability and Property
Damage Liability.
48
,
2. Owned Vehicle~.
3. Hired and Non-Owned Vehicles.
"
4. Employee Non-Ownership.
5. Notice of Cancellation and/or Restriction - The
,....~
policy must be endorsed to provide the City Qf~D~~ray Beach with
.
thirty (30) days notice of canceilation and/or restriction.
6. Additional Insured - the City of Delray Beach
is to be specifically included as an additional insured.
3. certificates of Insurance. -,
Certificates of Insurance evidencing the insurance
coverage specified in the previous paragraphs 2A, 2B, and 2C shall
be filed with the City Attorney of the City of Delray Beach before
operations are begun. The required Certificates of Insurance shall
,
not only name types of policies provided, but also shall refer
specifically-to this Contract and section and the above paragraphs
in accordance with which insurance is being furnished, and shall
state that such insurance is as reouired bv such oaraoraohs of this
Contract.
SECTION 19. CITY RlU.n RAllVT.RSS FROM INJURIES. DAMAGES
AND CERTAIN OTHER ACTS OF THE CONTRACTOR
The Contractor and his surety hereby expressly bind themselves
to indemnify, defend, and save the city harmless from all claims,
suits or actions of every name and description brought against the
City for or on account of any injuries or damages received or
sustained by an person or property from the negligent acts or
49
omissions of the Contractor, or its servants or agents, including
subcontractors, in doing work herein contracted for, or by or in
consequence of any negligence in guarding against same, or by or
on account of any improper materials or equipment used in its
.,w.o.,,:<.
performance, or on account of any claims or a~dbn~s recovered for
infringement of patent, trademark, or copyrignt, or from any claims
or amounts arising or recovered under the Worker's Compensation
Laws. In case there is any money due the Contractor, so much of
the money due the said Contractor as the CitY"Manager shall deem
necessary to protect the City may be retained by the City until
such suit, or suits, action or actions, claim or claims, injuries
or damages as aforesaid, shall have been settled and suitable
evidence to that effect furnished the City Manager.
I
-..., SECTION 20. LEGAL FEES
In the event a suit is filed in a court arising out of this
Contract, and the City is the prevailing party, the Contractor
agrees to pay a reasonable fee to the City's attorney, together
with all costs incurred in connection with said case.
1
SECTION 21- NOTICE
,
Notices for purposes of the Contractor as called for under
this agreement should be forwarded to Waste Management Inc. of
Florida, 500 Cypress Creek Road West, Suite 300, Ft. Lauderdale,
Florida 33309. Notices to the City should be forwarded to the City
Manager, City Hall, 100 N.W. First Avenue, Delray Beach, Florida
33444.
50
SECTION 22. CONTRACT CONSTITUTES ENTIRE AGREEMENT
The City and the Contractor, for the life of this Contract,
each voluntarily and unqualifiedly waives the right to require
,.........
further negotiation with respect to any subje~'~atter referred to
or matter covered in this Agreement',and each agree that the other
shall not be obligated to negotiate with respect to any mater or
subject not specifically referred to or covered by this Contract,
whether or not such matters have been discussed, even though such
subjects or matters may not have been within the knowledge or
contemplation of either or both parties at the time that they
signed this Contract.
This Contract contains the q . contract, understanding,
entl.re
I
undertaking and ~greement of the parties for and during its term.
- ~.
SECTION 23. NON-SEVERABILITY
That should any section or provision of this Contract or any
portion thereof, any paragraph, sentence, or word be declared by \
a court of competent jurisdiction to be invalid, such decision
shall affect the validity of the remainder hereof and shall render
the entire Contract invalid and cancelled as of the date of such
court declaration.
.
51
,
IN WITNESS WHEREOF, we have executed this Contract as of the
date first written above.
1
ATTEST: CITY OF DELRAY BEACH, FLORIDA
.'
By:
City Clerk Mayor _,"'."
-,,;, -~
.
APPROVED AS TO FORM:
City Attorney
CONTRACTOR -,
WASTE MANAGEMENT INC. OF FLORIDA
A FLORIDA CORPORATION
WITNESS: By:
Title:
I
- -"
.
52
.
,-", T ;", ~\)A.~} 'Ie: i~' ,':: il/: [~; V;\ I,. ;,1'1'-', i::rC'YCL I i'~(; (:ONTi~'A(:T
-.",',..1'_.' ......''1:.'
GETW[EN
CITY OF DELRAY BEACH
AND
~IJAST[ MANAGEMENT, INC, OF FI.or!! DA
APPENDIX A DEFINITIONS or' "SPECIAL" and "MISCELLANEOUS SPECIAL" WASTES
P':;';Je 1 of 3
CFFECTUC: lIPRIL ") , 1909
." ~""::~'~~.
=~=============================================~:=======================
.
"SPECIAL WASTE II I for purposes of this Contract me.:=Jns any waste,
fro". a non residential source, " meet" i ng any of the followir,g
rJ~5cript;ons;
1, A cont~iner;zed waste (e, g , , a drLlm~ barrel, portable
tank, box, pail . etc. ) listed in sections 2 thr\J 8
~ ,
belo\ll,l.
~ A waste transported in a bulk tanker.
<, '
3, A liquid waste. 1
, A sludge wAste,
~,
5. A waste from an industrial process.
I
5. A \oIrtaste from a pollution control process.
- --'
7. Residue an~ debris from the cleanup of a spill or
release of chemical 5ub9t'ances, commercial products
or wastes listed in sections 1 thru 6. or section 8.
'1 , Contaminat'ed soil, water, residue, debris and
articles from the cleanup of a site or facility
formerly llsed for the generation, storage, treatment,
recycling, reclamation or disposal of wast'es listed
in sections 1 thrll 7-
.
III i II i i i II i i i i i i i I i II i II i I i I i Iii I i 11I1III1IIIII11 i I111I1111I1III111111
"~!l SCCi..LAN EOllS SPECIAL WASTE" , for purposes of this Contract
means any waste meeting the descriptions which follow:
1 , Chemical wast'e from a laboratory. -(This is limited to
discarded containers of laboratory chemicals, lab
equ; p","'ient, lab clothing, debris from lab spills or
cleanup and floor sweepings.)
" Articles, eql.1 i pment' and clothing containing or cont'am....
<. ,
inated with polychlorinated biphenyls (PCG 's). (Examples
, ' be PCB capacitors or 'transformers, gloves, or aprons
WOU,d
from draining operations, empty drums that formerly held
I
,
,~,.. i" :,\1 A::;) TC l-~' c: r'l~ () \;' A t. A:'~:J J~\[C,((;L. TNC CUi'~ T F,ACT
'J'-' li..'
GETWEEN
CrTY OF' Df.:..f~AY GCACII
AND
~v.A~3T[ MANAGEMENT, INC, or n,orn DA
APPCNDIX A. DEFINITIONS OF "SPECIAL,' and "MISCELLANEOUS SPECIAL" WASTES
Page 2 qf 3
EI~FECTIVE : AP~I L 1, 1989
.' I .. "~~.
- .,,;. :
===================================:=============~==~===================
.
PCG's, etc, Note: PCB so'Ti ds. or 1 iqu'ids delivered in
bul k (')1'" drums are r,ot "MISCElLL.ANCOUS SPECIAL WA,STES" ,
but o?!re "SPECIAl. WASTCS"'. )
3, pen d"ainings and flush-ings removed from PCB articles and
placed directly into transport cont'~inel"'s. (Provided
that the PCB art i c -1 es fh,shed with -, substance that is
are a
not defined as '" "APECIAl. WASTE" or "MISCELLANEOUS SPECIAL
~-.j,A.STC " in t-his apper,clix.)
4, " Empty" corlta i nars of waste commercial products or
chemi'cals. (This applies to a portalble container which
has beet; emptied, but ",hich may hold residuals of the
prodl.Jct" or chemical. Examples of containers are: po~t-
able tanks, drums, barrels, cans, bags, liners, etc. ,A
container sh.::lll be detcerlmined r~c r~A lIemptyll according to
criteria specified at: paragraph 40 C,F.R. 251.7).
5, As bestos,-conta in ing waste from bl' il ding demolit'ion or
cleaning. (This applies to asbestos-bearing wast'e
inSL1!at'ior> materials, such as wall bO.:ird, wall spr<lY
coverings, pipe insulat:ion, etc. Note: Asbestos,-
bearing it;dust:rial process waste is aI "SPECIAL WASTE" ,
not a "MISCELLANEOUS SPECIAL WASTE".)
5, Comme~ciall products or chemicals~ Off-specificaltion,
outdated. contaminated or banned. (This also includes
prOdl.lcts volunt:alrily removed from t:he market place by
a manufacturer or distr'ibutor, in response to allegations
of adverse health effects associated witch the produc't lise, )
7. Residue and debris from cleant.ip of spills or releases
of a single chemical substance or . , product
commerCial
or a single waste which would otherwise qualify as a
"MISCELLANEOUS SPECIAL WASTE" . (Not:e: r!es i due and debris
from spills or releases not: meet:inll t:his definition are
"SPECIAL WASTE::." , not' "M I SCEI.,LANEOUS SPECIAL WASTES" .)
8, Animal wast'e and parts from slaught:erhouses or rendering
pl ants. (This excllldes wastes from fl,r or leat:her
products manufacturing, which are "SPECIAL WASTES".)
,
" Wast:e produced by the mec han i Cal 1 processing of fr'llit,
"
vegetables or grain. (This include!!' such wastes as
I
.
,'~ '-,' T ,-, ~,,~;")TC~ :{CiVj~)VAL A,"'JD ,:{Cc;vC:.Ii'J(; C(J~J rl~\ACT
<.)"" ll.'
UCTW[C:\i
CITY or. DCLJ'!Ai BEACH
. ,
ANO
~\'A~)TC :VlAr, 1\(; [W:I'H , INC. OF FLor, IDA
APpeNDIX A DEFINITIONS OF "speCIAL" and "MISCELLANEOUS SPECIAL" WASTES
Page J of J
fFFECTI VE; l;PRIL I, 1989
_.,._~:....,!~.
------------------------------------------------------------------------
--------------------------------------------------------.----------------
.
rinds, hulls, pods, she 11 s ; and chaff. rood processing
wdst'es which are aque.ous or sludges, or whi c h have been
contam-f r'oted with dyes, additives, or preservfJtives are
"SPCCIAL WASTES" , n~'Tt "MISCCL.LANEOlJS SPECIAL ~~ASTE:3" .)
10. Pumpings from septic tanks lJsed exclusively by dwelling
Linits. (Single famil~' homes, dLlplexes, ;~artment bllildings,
h01:'els or motels. )
i 1. Sludge from '-I publicly owned sewage reatment pl'-lnt
servi'1g primarily domestic users. (i. e, , with no
subst;:;r!ti.:ll industr-ial or chemic'-ll infllJent. )
12. Gr-ease trap wastes fr-om residences, restaur-ants, or
cafeterias not locat'ed at i 'ldus t r.3 il facilities.
,
13. Washwater wastes from commercial car w~shes. (Note;
This.-d>les not include facilities used for washing the
exterior Qi bulk chemical or waste tank trucks or for
washing out the i'ltericlr of '-Iny truck,)
"14. Washwater wastes from commercial laundries or laundro-
mats. (Note: This does not include waste from a dry..
cleaning facil ity or waste from a commer"cial laundry used
by '-In ir,dustry to wash chemical-cont'-lmin'-lted clothing
from its workers; such wastes are "SPECIAL WASTES" . )
; 5. Chemic'-ll-containing equ;pmsr)t removed from service.
(Examples: Cathode ray tubes, batteries, fluorescent
light tubes, etc,)
\
"',,;: Waste produced from the demolition or dismantling of
.,....
industrial process eqlJ i pment or facilities contaminated
with chemieals from the process. (Note: Chemicals or
wastes removed or drained from slJch eqlJipment or f'-lcility
are ".SPECIAL WASTES".) -
1"1. Closed c'-lrtridge fi.lt'ers from dry".'cle'-lning establishments.
(Su c h filters being used to filter used dry.-cleaning
fluids or !"olids,)
APPENDIX 6
~
~J~JPf
~
"
--
...
II:
'" w
reta - "tt z
0j,
:.... .... 4th St.
.........".~.........
!jifJj1f~,t!!jjjjjl~i r:
.
N - .
- . ........ ........ co
. ::Ave'::::::;:;.::::::E::;::::::::::::::::. 0
..
I- ~ffjf~lj~~~ffffjjffjfjfff~~~fjjl; .
Atlantic
Jffff~ffjjijff//tlJJJiflJ/~l co
.:::::::::.;.:.:.:::).:.:.:.:-:-:.:.:::::::.:;:::::::: -
Lowson . Blvd. :::::::::10th S1.:-:::'::::::::::: -
r:
.
~ -
, -
~
Linton B/vd.
. .
- -
1ft
.. CI>
. /
- ...................~
- - .~.:.:...t.... ..
- ~. rap 0.:::::
:E ~;"=: P.,n:i~: " .
.
C-15 Canal:>::: IL
.0.:: '.lIe."
H.rllor
DELRAY BEACH
Type 01 Serv/ce
A .:.:.:.:.:.:-:.:.:.:.:.:.:.:.:.: ROil- Out -
;::::::::::::::::::::::::::::::: Cart
...................~....... -
B ~ Rear Door I SId. Door -
C - - Curbside - Bags
- ---
~ ~-=---~"-~
0 I I Curbside - Owner's Container
Revised
~.i;(i;" .'.. -'
~;_;:_lL) WAS1-C RL:MlIVAL AND RE(~YC[_.ING CIJNTRACT
BETWEEN
CITY OF DEL RAY BEACH
A:1D
WASTE MANACEMENT'jINC. OF FLORIDA
APPEN'tJIX C.... SCHEDULE F RATES (Pagel of 3)
i
EFFECTIVE, APRIL 1, 1989
===============================================~~:==================
.',,,;, -,
:3ECT!ON A RES I "ENT! AL RATES (GAr,BAGE & TRAf>~f SEi<V I CC)
.
HAULING CHARGES TYPE A TYPE: B- TYPE C TYPE D TOTAL
...... ... .. ... .. ... n_. ,... .... ,.._._ ,... ....... ...................... ...... h........n..... .... - .....-.--.....-..,. ....-..-... .. ... ....... -. ,....... -".. '...
BASE PRICES (1) 14,074,19 21.474,67 0,00 9,975,54 45524,40
ADD-LJNIT RATES ('1) 4,136 5,45 I ,17 3.69 N/A
-,
DISPOSAL CHARGES TOTAL
......... ,... "..---.....,- ...-......... ...- ........... '.. ...... ...-... ......--... ...- ..-......-...._...... ... -.. 'm._ ... ... ._.._ .,.. .._ nM _.. _._ n .. '...
BASE PRICe (2) 70,574,54
AOD~UNIT RATE (2) 5.62 5,62 5,62 5.62 N/A
( 1 ) Brough~ forward for C.P.I. increases thru October 1. 1988
(2) BrOllgh~ forward ~o cllrtrent ti pping fe'e of 1133.50 per ton
i I I I I 1 1 1 1 l.l-I .1.1 I I I I I I 1 1 1 1 / / / / I 1 / / I / / I 1 / I I I 1 / [ I I I I I I I / I I I I I I / I I I I I I 1 I I
SE(:TION 8 RESIDENTIAL RATES (BlJLK TRASH PICKLJP SERVICE)
HAULING CHARGES TYPE A TYPE B TYPE C TYPE D TYPE F
.... ....... -... -.- -..... ,-. -. - ... "..~- -. - --...... '.. .~..... .,--. ... .... -. .- .-. .... -. ,... ..- .. .... .... -.. _ .... ... ,_. 'M. "_ .... . _ .~. _ ..~ .... .... _.M.____..__....
BASE PRICES (1) 3,39 1.19 0.40 1.19 1.19
DISPOSAL CHAr,CES
........-.- ........... _.... ... ..- -..-- _"_'__ _H........ ___ .. ".H .... ....H.. ....... .... .... .. .... _'.." ___ _. .... __H ....... ....._.... ,_... .........--......
BASE PRICE (2) N/A N/A N/A N/A N/A
('1 ) 8rollght forward for C.P.I. increases thrll October I. 191313
(2) City is invoice for actual tipping fee charges as incurred
1111/1111111111111" 1111//11111111111111111111111111111/1111111//111
SECTION C - RESIDENTIAL RATES (CURBSIDE ~ECYCl.ING SERVICE)
HAUL! NG CHARGES TYPE A TYPE B TYPE C TYPE D
.... .- - .- .- ...- -- .... .... ~. .,.. -- .- - ..- ... ------.----- .---.--.,---- --------- --.-------
BASE PRICES'(I) I ,135 I .135 1.85 1,85
( 1 ) Price per t;nit is to be effective Oc~ober 1, 19139
11/llll/IIIII//IIIIIIIIIIIIIIIIIIIIIII! 111111/111111111111111/111111
Note: All rates (above) represent monthly charges to the City
~
I
-i.., l ;-) ~..:i:.,~-; T C i-'~ C Iv: i~; V ,f::., L A.ki,-, RCCY:~i_.ING (:()~jTRACT
I"'.'
D [HJCEI~
CITY OF DCL,RAY BEACH
,AND
WASTC MANAGeMENT, INC. OF Fl,orn DA
APPENDI.X C SCHEDULE OF RATES ( Page 2 of 3)
[FrECTI VE: APFn L I. 1989
--------------------------------------~------------------------------
--------------------------------------------------------------------
-,.....~.
~ ---",../. -.:
:]CCTICN D COMMEr,c I AI_ r,ATES (GARBAGE & TRASH'SERV1CE)
.
HAULING (;HARCES 2..CU YARD 3,CU YArW 4CU YARD 6....CU YARD 8-CU YARD
.. .... ~ .... .-. . ...-.... ...... ....... -~ ,- -~ - ~. .-.
lx PER WEEI< SVC 43.00 62,00 79.00 114,00 14'6.00
2><: PEi:-, wee:" s\/c 86,00 124,00 150,00 227.00 291.00
Jx PER WEEh SVC 1,30.00 186.00 237.00 341,00 436.00
4x PEr, WC:Ci< 8\'C 173,00 247.00 316.00 454,00 582,00
5x PEI'< WECI\ SVC 2 '15,00 309.00 395,00 568,00 727.00
5x PEr, WCC:< SVC 260,00 n 1,00 474.00 582,00 873,00
Note: iiates are st3t"ed in terms of monthly service charges, and
CI..Jstomers are invoiced directly by Waste Management. Rates
include C.P,I. increases and disposal cost adjustments that
have been approved by. the City thru October 1, 1988.
if II i i i i Iii i i i i i i 11111111 j III i II j I f j I j j j II j j 11111I1111I1I111111111111111
I
:SECTION [ COMMERCIAL r,ATES (MIXED PAPER RECYCLING SERVICE)
- .....
HAULING CHARGES 2'CU YD :)...CU YD 4-(;U YD 6-CU YD 8"CU YD
......-........ _'U .....-..-.. ... - _.. 0... ._.... _.. ,_ .... <H _. ___ .~. ....--.." .... .~ -- ... -- .... .~ .~ .....- - - -~ .... _. ...-"
Ix PER WEEI\ SVC 43,00 62,00 79.00 114,00 146.00
~Jote : r,t3tes are stated i r. terms of monthly service ch~rges, and
Waste Management wi 11 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 aparatment
complexes. Waste Management wi 11 determine appropriate
' '. in cooperation with the owners/operators
container's'zes
of the condominiml..lmS and apr.:Irtments. r,ecycled mixed paper
will be collected once each week,
i I I I I I /I I i I I I I I I j j I I I I I I I I I I I I I I ! I 1/ I I j I I I j /I j I I I I I I I I I i I I I j I I I I I I I I
-
Note: Commercial rates for garbage and trash service (Section D)
include billing surcharges and other add-on items which
are passed back to the City on a monthly basis. Refer to
See 't'i on F of this appendix (Page 3 of 3).
'J',"...I ;....;,t;~);c f~ C:V:~:JV t.l. ANO RECYCL.ING CONTRACT
o CT~'JCCj\j
CITY OF' DEIJ,AY BEACH
AND
WASTE MANAGEMENT. INC. OF FLor,IDA
A.PPCNOf)< c: SCHeDULE OF i',ATe:. (Page 3 of 3 )
EFFECTIVE: APrn L 1, 1989
====================================================================
.. '''....!.
_.,...J-. .
5CCTION F COMMERCIAL BILLING SURCHARGE & PAS50ACh SCHEDULE
.
R'side'ntl Bulk
CONT.A.INCr, SVCS Bill1ng Etqvalncy Trash Pill Tota:
SIZe ::' CT, ~-.J 1< SI,Ircharge Surcharge Sl.lrcharge Sl.lrch'.:.rge
.-......-.... ....- ..-..-.,-... .....--.. .-,..-..-., ....- ... .....- .- - ....... ~ -... -.. .. ~ ..-
2 Cu Yard Ix I ,;: 7 :3,00 4,03 '3,1 :J
2 Cu Yard 2.1< 2.53 6,00 9.18 17,71
2 Cll Yard 3x 3,00 '3.00 14.04 25,04
2'Cu Yar'd 4x 5.07 12.00 18.90 :)5.97
2 "'Cll Yard -=" ( 5,30 '15.00 23,22 44,52
..J,^.
2,Cu Yard 5x 7.57 18,00 28.09 53,65
]....Cl.J Yard Ix '1.13'1 4,50 7.02 n.33
:) Cu Yard 2x 3,51 9,00 14.04 26.65
.J..-Cu Yard 3x 5,42 13.50 21.06 39,98
:) Cu Yard 4x .. 7.23 18,00 28,09 53. ,32
.J ell Yard 5x I 9,00 22,50 35,11 66,51
3 Cu Yard 6x 10,81 27.00 42.13 79,94
tl -Cll Yard -1x 2.28 5.00 9.18 17,46
4 'Cu Yard 2x 4,60 'j 2.00 18.90 35,50
4",Cll Yard 3x 5,91 10.00 20.09 5:3.00
4,Cu Yard 4x 9.20 24,00 37,27 70,47
4 ell Yard 5x 11.51 30.00 45.99 88,50
4--Cu Yard 6x 13,80 36.00 56,17 105.97
6"'Cl.l Yard 'Ix 3,30 9,00 14.04 26.:34
5"Cu Yard 2x 6,60 18.00 28.09 52.69
5....Cl./ Yard 3x 9,91 27.00 42.13 79,04
5"Cu Yard 4x 1:3 . 21 36,00 55.17 105,:38
f"...Cu Yard 5x 15.54 45,00 70.21 '131. 75
6..Cu Yard 6x 19,84 54.00 84.25 158. 10
o Cu Yard Ix 4.23 12.00 18,90 35,13
o Cu Yard 2x 8,45 24.00 n .27 59.72
'--' Cl.l Yard 3x 12,58 35.00 55,17 104,85
8 Cu Yard 4x 15,90 - 48,00 75.07 139,97
e u'Cu Yard 5x 21 ,13 50,00 93,44 174.57
c. Cu Yard 6x 25.35 72.00 112.34 209.59
'.' J 111111111I11111 j /I/! //11//1///////////1/////111/1//1/11/1//1///// i I
Nots; Waste Management provide$ the City with a summary total of
cor,ta i ners by size and frequency, c," 1 elll '.Itas the total amOUl""It'
of fees due the City, and remits all fees to the City on a
monrhly bi=ls;s.
APPENDIX "D
CONTRACT BOND COVERING PERFORMANCE
AND 'PAYMENT OF LABOR AND MATERIAL
-. KNOW ALL MEN BY THESE PRESENTS. that well the undersigned
....~
- w~. 4'
(hereinafter ~ refet-red to as the
~
.
"Principal") a corporation-partnership or in,dividual duly authorized by law to
do of
(hereinafter referred to as the "Surety"),
-.,
a corporation duly organized, licensed and/or registered to engage in the
Surety business and enter into agreements of surety in the State of Florida
with a resident agent in Palm Beach County, Florida. are jointly and severally
held and firmly bound one and t,he other unto the City of Delray Beach,
Florida (hereinafter referred to as the "Obligee") in the penal sum of
I
Dollars ($ )
. .
lawful money -Or-the United States, for th'e payment of which well and truly to ,
be made unto said Obligee, We bind outselves, our heirs, personal represen-
.'
tatives, SUccessors and assigns, jointly and severally. firmly by these pre-
sents as follows:
WHEREAS, Principal and Obligee' entered into ,a written contract dated
the day of , 19_, concerning work in connection
with which is or may be attached hereto
"
and is hereby referred to and made a part hereof.
. i _
NOW, THEREFORE, THE CONDITION OF TI!IS OBLIGATION IS THAT if
Principal shall faiuJully and properly perform the foregoing cont~act accord-
ing to all the items thereof, and shall indemnify and save harmless the said
Obligee against or from all losses, damages, expenses, costs, and attorney's
fees, inclUding appellate p roceedin gs . to which the said Obligee may be
subjected by reason ' ny wrongdoing. misconduct. want of care or skill: -
,
. ~.. ..~.t 'I
,-
. -
negligence or default, including patent infringement on the part of the Princl':'
.
pnl, his agent or employees, and prom~tly makes payments to all claimants, as
defIned in Section 255.05(1). Florida Statutes, supplying Principal with labor,
materials, or supplies, used directly or indirectly by Pr!.ncipal in the prose-
i ~.
- ~W.,_..";; _ _.."
cutiQn of the work provided for in the contract, then: this obligation is void,
-
otherwise is to remain in full force arid effect; provided, however, this bonO.
is executed by the Surety, upon the following express conditions, which shall
be precedent to the right of recovery hereunder. ,
"
l. Any person who has furnish~ Prin:ipal labor or material in the
prosecution of the work provided for in jihe contract shall have a direct right
,~ 'I
of action under thiS' bond, subject to Obligee's priority, provided such person
shall notify Obl~gee in writing giving de~ails of the indebtedness within the
I
time required for filing statutory notice under the applicable laws of Florida.
2. If the contract provides for a guarantee of the work, this bond
. .
does not apply to, nor cover, any such guarantee which exceeds one (1) year
even though such guarantee is specified in the contract, unless the Surety
specifically agrees in writing, that the bond shilll be extended to cover such
guarantee.
3. Obligee shall notify the Surety by letter of any breach of said
contract, including failure to pay labor or material bills when due, within a
reasonable time after such breach shall have come to Obligee's attention.
4. No action, suit or proceeding shall be had or maintained against the
Surety on this instrument unless the same be- brought or instituted and
.
-
process served upon the Surety within eighteen (18) months after completion
of- the work mentioned in said contract, whether such work be completed by
the Principal, Surety or Owner; but if there, is any maintenance period
provided in the contract for which said Surety is liable, an action for
~
.,
.
r ..
maintenance may be brought within eighteen (18) months from the expiration
of the maintenance period, but not afterwards.
. 5. . Any payment or payments m,de under this bond shall. reduce the
amol!nt of the bond to the extent of such payment or payments.
, .
.. ...
. The said Surety, for the value received, herebYc--'.stlpulates and agrees
~
that no change, extension of time, al~eration or ad'dition to the terms of the
agreement or to the work to be p,erformed thereunder,_ or the specifications
accompanying the same, shall in any wise affect its obligations on this bond,
'.
and it does hereby ,waive notice of any change, extension of time, alteration,
or addition to the terms of the agreement or to the worlt, or to the specifica-
tions.
The undersigned Principal .and Surety do further hereby covenant,
consent and yield to the jurisdictiqn of the State Ci~l Courts of Palm Beach
- I
County, State of Florida, and shall assure all undertakj,ng under said con-
. .
tract. and shall assure and protect all laborers and furnishers of material on
said work both as req~red by applicable law.
IN TESTIMONY WHEREOF, the parties hereunto have caused the exe-
cution hereof in four (4) original counterparts as. of the day of
.19_.
PrincIpal
By: (SEAL)
ATTEST: -
Surety
.
By: (SEAL)
Approved as to form:
I ,
City Attorney
"
3
, .
ACKNOWLEDGMENT IF PRINCIPAL IS AN INDIVIDUAL
S tate of
County of
. : I HEREBY CERTIFY that on this date befox:e :Il!e, an officer duly
- - ,,,,,-. .;
autHorized in the state and county named above _ to take acknowledgments,
personally appeared , known to me to be
the person described in and who executed the foregoing instrument, and
acknowledged before me that hel she executed the same-..
"
SWORN TO AND SUBSCRIBED before me this day of
,19_.
Notary Public
I
I My Commission Expires:
-
. .
ACKNOWLEDGMENT IF PRINCIPAL IS A PARTNERSHIP
State of
County of
I HEREBY CERTIFY that on this date before me, an officer duly
authorized in the state and county named. above to take acknowledgments,
personally appeared ql , known to me to be
the person described in and who executed the foregoing instrument as a
II
"
partner of , a partnership: HelShe acknowledged beiore
me that helshe executed the same as the act and deed oi said partnership ior
the uses and purposes therein mentioned.
SWORN TO AND SUBSCRIBED before me this day of
;
4
. 19 .
-
Notary Public
-: . My Commission Expires:
- ;....~.
.. ACKNOWLEDGMENT IF PRINCIPAL IS A c6R1>6ttATION
.
State of
County of
~
I HEREBY CERTIFY that on this date before' me, an officer duly
~
authorized in the state and county named above to take acknowledgments,
personally appeared , known to
me to be the persons described in. and who executed the foregoing instrument
as and , respectively, of
I
, a corporation organized under the laws of the atate
of . They acknowledgedl before' me that they executed the
foregoing instrument as such officers in the name and on behalf of the corpo-
.
.
ration, and that they also affixed thereto the official seal of the corporation.
SWORN TO AND SUBSCRIBED before me this day of
, 19 .
-
Notary Public
My Commission Expires:
-
-
- .
5
y
C61~J 71
[ITY DF DE1RAY BEA[H
.',\Ii , " Illiill',' "'.l1.1 305/278.::,'
m~M()RANDlJM.
Dale:: Fcbru.,::r.'i 24, :i Sl B3
To: Wa:tter o. Barry. C:i. t.y ~.13.nager
From: ~fe:fl.rey IS. Kurtz, Assistant City Attorney
Subject: Wilson Property Located at 610 North Ocean Boulevard
M:r. and Mrs. Wilson, through Dick Sheram(~t,a , contact.ed our
office concerning the subdivision of the!.r property located at
G10 Nortn Ocean Boulevard. Their property abuts tne nort,hern
most portion of the municipal beach and consists of portions of
Lots 3 and 4, Block E, Palm Beach Shore Acres. I have attached
a copy of the Declaration of Unity of Title on the property for
~lour reference. This property was platted prior t.O AlA's
exl st.ence and \'Ias not replatted after ALA severed the Lots.
Therefore, Lot 3 is one buildable located on both sides of AlA.
~ Obviously, this i C' an impractical situation for development of
. .0
t.he property and therefore the Wilsons would li):e to subdivide
the land and have t.he abi l.ity to construct a home on the beach
itself. (They c\JlTently have a home constructed on portions of
Lots 3 and 4 west of AlA).
Back in 195~-i , a 'pr(~v.i.,ous o.....ner of thc pl'opert.y. deeded Lot 4
East '::if AlA and the south 10 feet of Lot 3 Eas!:_ of AlA to the
City to be used as a right-of"way for public 101unicipal beach
purposes. That Deed re~:;erved a right of reentry' and reversion
to the Grantor, Ms. Anne Hart and her assiGns if certain
conditions were not met and the prop(-~rty was ev,.,r used for any
purpos," other than as a right-of-way for municipal beach
purposes. As ment.ioned above, this parcel of li.l.nd east of AlA
constj. -tu tes t.he northern most portion of t.he public beach,
however, the publ,ic sidewalk on the beach side stops Clpproxi-
Ir~at_ely 3S feet sou"tb of our northern beach limit and the
Wilson's existing property line. The reason th"t this situa-
7~ lon is important i.:'; that the \vi lson.s would li}:f~ to subdivide
their propertcy into three parcels, ',;h,ic1'1 would r",sult in a lot
fronting on Andrews Avenue and C.l lot .f ronting on to the west
side of 111A and ::-h.l.rd lot. on the beach, however, because of
this prior Deed of south 10 feet of Lot. 3 to the City, the
Wilsons would only have 90 feet of frontage on AlA ~/hich is 10
feet less than that required by our zoning codes.
The Wilsons have discussed three potential SOl~lti.ons to their
dilemma with City staff, t.hose being a rezonj. ~1g, a variance
request, or: a transfer of t.itle to the South 10 feet (') Lot 3
Walter o. Barry, City Manager
February 24, 1989
Page 2
back to the Wilsons. A rezoning was thought to be inappro-
priate and at variance with present policy which calls for us
to maintain the most restrictive zoning categories possible in
that area and t.herefore has been tabled for the time being.
The var lance request was similar.ly tabled because of timing
cOllsideratiof'" acd the lack of any guarantee as to eventual
success as the Board of Adjustment may take a position that the
hardship, if any exists, would be brought on only because of
ttlC proposed stlbdivision by the Wj.lsons. Therefore, the
\Vilsons are rcqt,estj,ng that, the City Geed the south 10 feet of
Lot J back to them, thus giving them 100 feet of frontage and
allowing them to proceed with their subdivision of the pr~perty
in an expedi.tious fashion. Since this is an accormnodation to
them, the Wilsons would be willing to give the public an access
casement to the beach over that portion of the property which
<'1'0 \-!Quld deed back to them so that for all practical purposes,
the City and the public would be in the same position they are
no'..; in.
Poten.tial benefit.s to the City of choosing this route \-.'Quld
include, 1) preservation of the integrity of our Zoning Code,
2) shifting of liability and maintenance responsibility to the
wi lson' s fer the 10 foot strip, 3) enhancing the va.lue of the
property and therefore the City's tax base.
Due to their willingness to execute such an access easement and
develop the property in such a fashion as to have required
setbacks measures from the northern access easement line, the
wilsons feel that nominal monetary consideration should be
sufficient for the transfer. It would be our office's recom-
mendation that you place this item on an upcoming Commission
agenda to determine whether there is any interest on the
Commission for such a transfer of property. If the Commission
feels that such transaction is appropriate, a contract would be
drawn up and placed on a subsequent. agenda for public hearing
and ratification by the Commission.
Should you have any questions concerning this matter, please do
not hesitate to contact our office.
,JSK: sh
Attachment
cc: City Commission
David Kovacs, Planning & Zoning Director
Gates Castle, Acting City Engineer
Joyce Wilson
f/.L~\ t(
[ITY DF DElRAY BEA[H
100 N.W. 1st AVENUE DEl_RAY Hf:ACH, FLOfilDA 334<14 305/278-7841
MEMORANDUM
Date: February 24, 1989
To: City Commission
From: Susan A. Ruby, Assistant City Attorney
SUbject: APPROVAL OF LANGUAGE OF SPECIAL WARRANTY DEED
AS REVISED CONCERNING THE OLD SCHOOL
A meeting was held on Thursday, February 23, 1989 to address
the special warranty deed language for the Old School.
Bill Hukill was contacted during that meeting and expressed
that the School Board was f inn in its position regarding this
matter. He indicated that the Superintendent as well as the
Assistant Superintendents supported his position that ancillary
for profit uses not be included in the special warranty deed.
However, Nr. Hukill agreed to add cultural purposes to the
language which would cause the property to revert to the School
Board if the property "ceases to be used for civic, public,
gove,rnmental, or cultural uses in the future....... " Mr.
Huki 11 also agreed to eliminate the language that required
compliance with zoning laws and other ordinances promulgated by
Palm Beach County.
The new language is submitted to you for your approval. If you
have any questions or concerns and desire to further discuss
this mat.ter, please do not hesitate to contact me.
Sincerely,
OFFICE OF THE CI
CITY OF -DE.LRAY BEA
"-
By:
(_,Sl n A. Ruby,
Assistant City
SAR:rg
I
,k;. IS
[ITY DF DELRAY BEA[H IWI\
100 N_W. 1st AVENUe DFUli\Y f-ilACH, FLORIDA 33444 305,/778-2841
t<\Rl'10RANDUM
Date; February 28, 1989
To, ci ty Commissj.on
From; Herbert W. A. Thiele, City Attorney
Subject: OLD SCHOOL
As you have been previously made aware, t,he Palm Beach County
School Board staff has insisted that the special warranty deed
contain language that would cause the Old School property to
automatically revert back to the School Board, if the City uses
the property for other than civic, public, governmental or
cultural purposes. Our attempts to include ancillary
for-profit uses to offset operational costs have been rejected
by the School Board staff.
Our office, in light of the School Board st.aff's position
regarding for-profit uses on the property, has researched
alternatives which would permit such uses in the future.
Certainly such a restriction may be released by the School
Board in the future following subsequent negotiations.
Furthermore, in a worst case scenario we have determined that,
if the City deems it necessary, the City could take the School
Board's "reverter interest" by eminent domain. However, at
this time the cost of taking the "reverter interest" is
unknown. Our office has not talked publicly about this
alternat:ive in order to prevent an adverse reaction to the
closing on the part of the School Board, should the City
commission desire to close as soon as possible on the Old
School property.
In any event, the need to actually address and make a formal
commitment to pursue eminent domain of the reverter interest
may be a couple of years off, because, apparently, it will take
that long to develop the property to the point that a cafe or
other for-profit uses can be physically accommodated on the
premises.
Hopefully, this information will assist you in making the final
determination regarding closing on the Old School with the
present reverter language.
.
City cormnission
February 28, 1989
Page 2
Please do not hesitate to contact me should you require further
information regarding this matter.
:r-
HT:rg
cc: Walter o. Barry, City Manager
~
,;
~
ORDINANCE NO. 8-89
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH. FLORIDA. REZONING AND
PLACING LAND PRESENTLY ZONED R-1A (SINGLE
FAMILY DWELLING) DISTRICT IN RM (MEDIUM TO
MEDIUM HIGH DENSITY DWELLING) DISTRICT FOR A
PARCEL OF LAND LYING AND BEING IN SECTION 20.
TOWNSHIP 46 SOUTH. RANGE 43 EAST. DELRAY
BEACH. PALM BEACH COUNTY. FLORIDA; SAID LAND
IS LOCATED ON ' THE WEST SIDE OF S.W. 8TH
AVENUE. BETWEEN S.W. 4TH STREET AND S.W. 7TH
STREET. IF THESE STREETS ARE EXTENDED WEST-
WARD. AND AMENDING "ZONING MAP OF DELRAY
BEACH. FLORIDA. 1983"; PROVIDING A GENERAL
REPEALER CLAUSE; PROVIDING A SAVING CLAUSE;
PROVIDING AN EFFECTIVE DATE.
NOW. THEREFORE. BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH. FLORIDA. AS FOLLOWS:
Section 1 That the fOllowing described property in
the City of Delray Beach. Florida. is hereby rezoned and placed
in the RM (Medium to Medium High Density Dwelling) District as
defined in Chapter 173 of the Code of Ordinances of the City of
Delray Beach. Florida. to-wit:
Beginning at the intersection of the South .
right-of-way of S.W. 4th Street and the West
right-of-way of S.W. 12th Avenue and follow-
ing the projection of said West rieht-of-way
to the North right-of-way of S.W. 6th Avenue;
thence continuing Eastward along said North
right-of-way to the West right-of-way of S.W.
8th Avenue; thence Northward along said West
right-of-way to tho! South right-of-way of
S. W. 4th Street; thence continuing Westward
along said South right-of-way line to the
Point of Beginning. excluding a portion of
Lot 25. of the Subdivision of Section 20.
Township 46 South. Range 43 East. accordine
to the Plat thereof. recorded in Plat Book I,
Page 4, of the Public Records of Palm Beach
County, Florida. being more particularly
described as follows: The North 295.20 feet
of the South 320.20 feet (as measured paral-
lel with t~e East line of Lot 25) of the West
---. 295.20 feet of the East 320.20 feet (as
measured parallel ,with the South line of Lot
25) of Lot 25. ,~ubdivision of Section 20.
Township 46 South, Range 43 iast, Delra,.
Beach, Florida; containing 18 acres. more or
less;
TOGE!J'HER WITH:
The last Balf (I 1/2) of the West Half (W
1/2) of Lot 26, Subdivision of Section 20,
Township 46 South, Range 43 last. Palm Beach
County, Florida, LISS the Easterly 67....6 feet
as in Official Record Book 3849. Pa.e 1806;
oontainina 4.79 acres, more or less.
t
.
.~
The subject property is located on t.he ..st.
side of S.W. 8th Avenue. between S.W. 4th
Street and S.W. 7th Street. if t.hese streets
are extended west.ward.
The above described parcel cont.ains a 22.79
acre parcel of land.-.ore or less.
Sect.ion 2. That t.he Planning Director of said City
shall, upon the effective date of this ordinance, change the
Zoning Map of Delray Beach. Florida. to conform with t.he provi-
sions of Sect.ion 1 hereof.
Section 3. That all ordinances or parts of ordinances
in conflict herewith be. and t.he same are hereby repealed.
Se~t.1on 4. That should any section or provision of
t.his ordinance or any portion t.hereof. any paragraph. sentence.
or word be declared by a Court of competent jurisdiction t.o be
invalid. such decision shall not affect t.he validity of t.he
remainder hereof as a whole or part t.hereof other t.han the part
declared t.o be invalid.
Sect.ion 5. That t.his ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and
final reading on t.his t.he day of . 1989.
.'
"
MAY 0 R
ATTEST:
City Clerk
First. Reading
Second Reading
-
-.. .
, .
r,
j"
- 2 - Ord. No. 8-89
MEMORANDUM
TO: Walter O. Barry, City Manager
FROM: Frank Spence, Development Services Director
SUBJECT: AUBURN TRACE REZONING, R-1A TO RM
DATE: February 24, 1989
BACKGROUND:
This rezoning was initiated by the City Commission in December 1988,
concurrent with selection of the Auburn Trace Joint Venture as the
developer of a proposed affordable housing development. This zoning
involves 22.79 acres. Upon enactment, the total area of the proposed
project (38 acres) will be zoned RM.
The proposed zoning allows development in the range of seven to ten
units per acre. The Auburn Trace development proposal is in the range
of seven units per acre.
PLANNING & ZONING BOARD RECOMMENDATION:
At it's meeting of January 23, 1989, the Planning and Zoning Board held
a public hearing on this item. There was no public comment. The Board
noted that the request was consistent with the Land Use map and that
they had recommended approval of this zoning designation previously.
They then, unanimously, recommended approval of the rezoning.
RECOMMENDED ACTION:
Approve the enacting ordinance on second reading.
A complete copy of the Planning and Zoning staff report is available
for review in the City Manager's office.
FS:cl-=-,
Encl
PLANNING e ZONING BOARD "
.
I
CITY OF DELRAY BEACH
--- STAFF REPORT ---
HEET ING D=lTE I January 23. 1989
fE~ ITEM: III. A.
ITEM: AUBllRN TRACE UZONING. 1.-1A TO JIM
~
.
GENERAL DATA: .
.
Owner...........................C1ty of Delray Beach
Contract Purcha..r..............Auburn Trac. Joint Vantur.
.
Loc.tlon........................On the weat aide of~.W. 8th
Av.., betwe.n S.W. 4th St. and
S.W. 7th St., if the.. str..ts
are extended westward.
Property Sla....................22." Acr.. ;
Connunity llecS.ftlo.....nt l'lan... .MulU-Pam11y ba1c1eDUal
Existing ZOn1Dg.................lt-lA (Singl.-Pam11y IlIMlling
District)
.roposed Zon1Dg.................RM (Med1wa to IIed1U11-B1gh Density
Dwelling Di.tri~)
Adjac.nt ZOnlag.................North and ...t of the sUbject
property i. aoned l.-lA. SOUth 18
aoned R-lA an4 RM-IS (MulUpl.-
Puily Dwelling District). W.at
18 aoned l.-lA and 1.11.
Existing LaDd U.................V.cant 1aDd
.ropo.ed Land u................~S'.'MultiPl.-fam11y units ITEM: //1 . .
-.'-- -
:
,
.
.
\
"
i
.
,.
;,
- . (
T ... ..... .. I "..
.. f .. . --""- .. .. 1 , -.... ,', .. "0
. .... -. .", .
· . ....', " ,.' - · ., .. I '. ~.. '. . J' - }-, I . .
.~ .' ".. .. "I. ..
. ,.. "I' II .. ..' I .
Legend '. :Of :l.. Jfl: l-'i;-: "1' .
. . --, ,., f - I .
: o:s..{ "p l( I~;' 6 "~
. 1-. _ .,...,., __. .
JP . . . .....:.i '" _ ." I.
.--.- Limite af thca prc~r::nj ~. ;ti=~a.c:a 'j" l: ,.
I.. ..'.~ _. _ .. .0' ,_.
to, -.r 'I. ..., ." . !..
ALbum Trace Oevelop.._. :.J.~r,~ ~ '.. :i~
.11 ?il', ~ :-:'-;'~1~-
· 1 ' N If~Allr.~
- Area ta be r.zCIl.-d (ran R-IA ~II --.r.t;~.~~
(Slnsl. Fan I I", Raeldllntlal) to "~ilI l:~"""
U_~I HI- "'__1 +..) Hili ,I: : ' , :,
RMCMedlun to ....... un w' .....,. _ r:!1 I '~."~~...
" .. L...:!__H'" L..&: : ....a:....\,..: Ot.. "J..:""'T"":'-,.. . F..r,,,.......
t ,- .,- """'-'-. . .. .-;-. -,-.
.. , ... ..
J '. .
if ·
I.' ~ .
'V .. .0' . ..
.'
. .." .. t ..
~ .. ~J.~~~., ..
. -.:~.. t~!"(
, 4fJI:" :: ~:: : : r "..
, jII... ~ I '-.
~ ... ,--'':---
, i. I
I "
I
J...... "I/'" I ,
r" ......t""-- i :
""J ./" I ... .
"- r"
~ 1 ~",
,. ., .. ......
ltJ I P :...... .
.. ""'" ,- 'f: , .,.
.......
It - .
I..f. ~
~ ,:'~ AUBURN TRACE' REZONING ~ ,.:.....,....
' I, ~ L . . : . ,._. ..
I I' j i~ : '; 1" . 500' I ~:;; . t .q. ;; ..~~
'1'1 ' ,,__.
· .... & :,;. . f'-' - '::';~
.. ... - - . ~ W".. .
......... -... ',". ,I.' ,'~... ...:~
1 "~" I ~......_-:--:-:-
- . -' . .. ...... .' .'. .':;.
. S.U . IL.to.___
" . . - . . ......-. . ~..
-. . -'-!~.--.:{. -
. ~ 3.....~f .,--
~ I'r .. .
""" AlAI< ~I"" " .,' II,
- "- . . .~.. ..
'EN TEN . I -=.. ~ 10.
1: y- ,. "".,
. .. I=""ST" ... . . _ ,) ..
'ADO. I . po
. &<e t .... ~
"All" TEN ..,.. P.82" , I .. .. .' "
! ," .'....M -"lIY.,. . ....... ,... .... . J
f .
.
/
ORDINANCE NO. 10-89
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, REZONING AND
PLACING LAND PRESENTLY ZONED R-1A (S INGLE
FAMILY DWELLING) DISTRICT IN RM-6 (MULTIPLE
FAMILY DWELLING) DISTRICT; REZONING AND
PLACING LAND PRESENTLY ZONED R-1A (S INGLE
FAMILY DWELLING) DISTRICT IN CF (COMMUNITY
FACILITIES) DISTRICT; REZONING AND PLACING
LAND PRESENTLY ZONED R-1A (SINGLE FAMILY
DWELLING) DISTRICT IN R-1A-C (SINGLE FAMI-
LY/DUPLEX DWELLING) DISTRICT; REZONING AND
PLACING LAND PRESENTLY ZONED GC (GENERAL
COMMERCIAL) DISTRICT IN RM-6 (MULTIPLE FAMILY
DWELLING) DISTRICT; REZONING AND PLACING LAND
PRESENTLY ZONED LI (LIGHT INDUSTRIAL) DIS-
TRICT IN GC (GENERAL COMMERCIAL) DISTRICT;
REZONING AND PLACING LAND PRESENTLY ZONED
R-1A (SINGLE FAMILY DWELLING) DISTRICT IN
RM-l0 (MULTIPLE FAMILY DWELLING) DISTRICT;
REZONING AND PLACING LAND PRESENTLY ZONED ART
(AGRICULTURAL RESIDENTIAL TRANS IT IONAL)
DISTRICT IN RM-6 (MULTIPLE FAMILY DWELLING)
DISTRICT; REZONING AND PLACING LAND PRESENTLY
ZONED GC (GENERAL COMMERCIAL) DISTRICT, IN
PART, AND R-1A (SINGLE FAMILY DWELLING)
DISTRICT, IN PART, IN RM-6 (MULTIPLE FAMILY
DWELLING) DISTRICT; SAID LANDS LYING AND
BEING IN SECTION 9. TOWNSHIP 46 SOUTH, RANGE
43 EAST, DELRAY BEACH, PALM BEACH COUNTY,
FLORIDA, AND GENERALLY LOCATED NORTH OF N. E.
8TH STREET, BETWEEN U.S. HIGHWAY NO. 1 AND
THE INTRACOASTAL WATERWAY; AND AMENDING
"ZONING MAP OF DELRAY BEACH, FLORIDA, 1983";
PROVIDING A GENERAL REPEALER CLAUSE; PROVID-
ING 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:
Sect.ion 1. That. the fOllowing described property in
the City of Delray Beach, Florida, is hereby rezoned from the
R-1A (Single Family Dwelling) District and placed in the RM-6
(Multiple Family Dwelling) District as defined in Chapter 173 of
the Code of Ordinances of the City of Delray Beach, Florida,
1:"'o-wi t:
Lots 26 through 28, inclusive, Block 2,
KENMONT, according to the Plat thereof
recorded in Plat Book 20, Page 65, Public
Records of Palm Beach County, Florida (lying
within Section 9, Township 46 South, Range 43
East); together with,
The Southerly 334.66 feet of the Northerly
988.58 feet of the Easterly 726.15 feet of
the Northeast Quarter (NE 1/4) lying west of
and adjacent to the west line of the
Intracoastal Waterway, being abandoned Lots
16 to 24, Block A, Lots 16 to 24, Block B,
and Lots 1 to 6, Block C, known as Part of
F.I.N.D. M.S.A. 642 A, of ROYAL PALM GARDENS,
PLAT 3, lying within Sect.ion 9, Township 46
South, Range 43 East, Palm Beach County,
Florida; together with, ~
.
.
./
The Southerly 971. 94 feet of the Norther ly
1.960.52 feet of the East 667.02 feet of the
Northeast Quarter (NE 1/4) lying west of and
adjacent to the west line of the Intracoastal
Waterway. known as abandoned Lots 20 to 27
and Lots 29 to 34. Block C. Lots 21 to 27 and
Lots 29 to 34. Block E. and Lots 1 to 10.
Block F. and Lake of LA HACIENDA DELRAY PLAT.
and the East 629.84 feet of Lot 1. lying east
of Federal Highway. of HARRY SEEM ILLER
SUBDIVISION. lYing within Section 9. Township
46 South. Range 43 East. Palm Beach County.
Florida; together with.
Lots 2 through 4. inclusive. Lots 6 through
8. inclusive, Lot 9, and the East 10 feet of
Lot 10. EASTVIEW, according to the Plat
thereof recorded in Plat Book 23. Page 44.
Public Records of Palm Beach County. Florida
(lying within Section 9, Township 46 South.
Range 43 East); together with.
Lots 10 through 12. inclusive. Block 1,
KENMONT. according to the Plat thereof
recorded in Plat Book 20. Page 65. Public
Records of Palm Beach County. Florida (lying
within Section 9. Township 46 South. Range 43
East) ; together with.
Lots 12 and 13. Block 2. KENMONT. according
to the Plat thereof recorded in Plat Book 20,
Page 65, Public Records of Palm Beach County,
Florida (lying within Section 9. Township 46
South. Range 43 East); together with.
Lot 5 (less the road right-of-way), Block C.
. LA HACIENDA DELRAY. according to the Plat
thereof recorded in Plat Book 15. Page 6,
Public Records of Palm Beach County. Florida
(lying within Section 9. Township 46 South.
Range 43 East); together with.
-
Lot 6. Block C. LA HACIENDA DELRAY. according
to the Plat thereof recorded in Plat Book 15.
J Page 6, Public Records of Palm Beach County.
Florida (lying within Section 9. Township 46
-- South, Range 43 East); together with.
.
Lots 5. 6. 33. 34 and 35, Block D. LA HACIEN-
DA DELRAY. according to the Plat thereof
recorded in Plat Book 15. Page 6, Public
Records of Palm Beach County. Florida (lyina
within Section 9, Township 46 South. Range 43
East) ; together with.
.
Lots 4. 5 and 6. Block E. LA HACIENDA DELRAY,
, according to the Plat thereof 'recorded in
Plat Book 15. Page 6. Public Records of Palm
Beach County. Florida (lying within Section
9, Township 46 South, Range 43 East); togeth-
er with,
- 2 - Ord. No. 10-89
.
.
,
Beginning at the Center Line of N. E. 8t.h
Avenue and the South Line of Lot 5. HARRY
SEEM ILLER SUBDIVISION, as Point of Beginning.
then North 240 feet to the North Line of Lot
5. then West 150 feet. then South 140.27
feet. then West 42.43 feet. then South 100
feet to the South Line of Lot 5 and East to
the Point of Beginning, in HARRY SEEM ILLER
SUBDIVISION. according to the Plat thereof
recorded in Plat Book 9. Page 72. Public
Records of Palm Beach County. Florida (lying
within Section 9. Township 46 South. Range 43
East) ; together with.
Lots 6 through 15, inclusive. Block A. and
Lots 12 through 15, inclusive. Block B. ROYAL
PALM GARDENS. PLAT NO. 3. according to the
Plat thereof recorded in Plat Book 21. Page
57. Public Records of Palm Beach County.
Florida (lying within Section 9. Township 46
South, Range 43 East); together with.
Lot 5, EASTVIEW. according to the Plat
thereof recorded in Plat Book 23. Page 44.
Public Records of Palm Beach County, Florida
(lying within Section 9. Township 46 South.
Range 43 East).
The above described parcels contain a 24.80
acre parcel of land, more or less.
Sect.ion 2. That the follOWing described property in
the City of Delray Beach. Florida. is hereby rezoned from the
R-IA (Single Family Dwelling) District and placed in the CF
(Community Facilities) District as defined in Chapter 173 of the
Code of Ordinances of the City of Delray Beach. Florida. to-wit:
Lots B through E, inclusive. KENMONT, accord-
. ing to the Plat thereof recorded in Plat Book
20, Page 65. Public Records of Palm Beach
County, Florida (lying within Section 9,
Township 46 South. Range 43 East).
The above described parcel contains a 1. 64
acre parcel of land, more or less.
,
Section 3. That the following described property in
'"17he City of Delray Beach, Florida. is hereby rezoned from the
I R-IA (Single Family Dwelling) District and placed in the R-IA-C
(Single Family/Duplex Dwelling) Di5trict as defined in Chapter
173 of the Code of Ordinances of the City of Delray Beach.
Florida, to-wit:
Lots 14 through 23, inclusive. Block 2,
KENMONT, according to the Plat thereof
recorded in Plat Book 20. Page 65, Public
Records of Palm Beach County, Florida (lyinll
j within Section 9, Township 46 South. Ranlle 43
East); together with,
The East Half of Lot 24 and all of Lot 25,
and the 15 feet of alley, now abandoned,
adjacent on the South, Block 2. KlNKONT,
accordinll to the Plat thereof 'recorded in
Plat Book 20, Page 65, Public Records of Palm
Beach County, Florida (lying within Section
9, Township 46 South, Ranee 43 last); togeth-
er with.
- 3 - Ord. No. 10-89
.
;
The West Half oy Lot 24, the 15 feet of
abandoned alley lYing South of and adjacent
thereto. and the 15 feet of abandoned alley
lying South and West of Lot 23. Block 2,
KENMONT. according to the Plat thereof
recorded in Plat Book 20. Page 65. Public
Records of Palm Beach County. Florida (lYing
within Section 9, Township 46 South. Range 43
East) ; together with,
The 15 feet of alley lYing South of Lot 17
(less the South 2.5 feet of the East 117.5
feet) , Block 2. KENMONT, according to the
Plat thereof recorded in Plat Book 20, Page
65, Public Records of Palm Beach County,
Florida (lying within Section 9. Township 46
South, Range 43 East); together with,
Lots 17 and 18. Block E, LA HACIENDA DELRAY.
according to the Plat thereof recorded in
Plat Book 15. Page 6, Public Records of Palm
Beach County, Florida (lying within Section
9. Township 46 South. Range 43 East).
The above described parcels contain a 2.3
acre parcel of land, more or less.
Section 4. That the following described property in
the City of Delray Beach, Florida, is hereby rezoned from the GC
(General Commercial) District and placed in the RM-6 (Multiple
Family Dwelling) District as defined in Chapter 173 of the Code
of Ordinances of the City of Delray Beach, Florida, to-wit:
. Lot 1 (less the Westerly 110 feet), EASTVIEW,
according to the Plat thereof recorded in
Plat Book 23, Page 44, Public Records of Palm
Beach County, Florida (lying within Section
9, Township 46 South, Range 43 East); togeth-
er with,
Lots 8 through 10, inclusive, Block 2,
KENMONT, according to the Plat thereof
- recorded in Plat Book 20, Page 65, Public
-, Records of Palm Beach County, Florida (lying
within Section 9, Township 46 South, Range 43
East) ; together with,
Lot 4 (less the road right-of-way), Block C,
LA HACIENDA DELRAY, according to the Plat
thereof recorded in Plat Book 15, Page 6,
Public Records of Palm Beach County. Florida
(lying within Section 9, Township 46 South,
Range 43 East); together with,
The above described parcels contain a 0.88
acre parcel of land, more or less.
- 4 - Ord, No. 10-89
.
"
Section 5 That the fOllowing described property in
the City of Delray Beach, Florida, is hereby rezoned from the LI
(Light Industrial) District and placed in the GC (General Commer-
cial) District as defined in Chapter 173 of the Code of Ordinanc-
es of the City of Delray Beach, Florida, to-wit:
Lots 8 and 9. Block 1. KENMONT, according to
the Plat thereof recorded in Plat Book 20.
Page 65. Public Records of Palm Beach County.
Florida (lying within Section 9, Township 46
South, Range 43 East),
The above described parcel contains a 0.36
acre parcel of land. more or less.
Section 6. That the following described property in
the City of Delray Beach. Florida, is hereby rezoned from the
R-1A (Single Family Dwelling) District and placed in the RM-10
(Multiple Family Dwelling) District as defined in Chapter 173 of
the Code of Ordinances of the City of Delray Beach, Florida,
to-wit:
Lot 6 and the West Half of Lot 7, Block A,
SNOW HILL, according to the Plat thereof
recorded in Plat Book 21, Page 83, Public
Records of Palm Beach County, Florida (lYing
within Section 9. Township 46 South. Range 43
East) ; together with,
Lot 6 and that part of 15 ft. alley lying
southerly and adjacent thereto. Block B. SNOW
HILL, according to the Plat thereof recorded
in Plat Book 21, Page 83, Public Records of
Palm Beach County, Florida (lying within
Section 9, Township 46 South. Range 43 East);
together with.
.
Lot 7 and the West Half of Lot 8, Block B.
SNOW HILL. according to the Plat thereof
recorded in Plat Book 21. Page 83, Public
Records of Palm Beach County, Florida (lying
within Section 9. Township 46 South, Range 43
East) .
~ The above described parcels contain a 0.68
acre parcel of land, more or less.
--
. the foliowing
Section 7 That described property in
the City of Delray Beach, Florida. is hereby rezoned from the ART
(Agricultural Residential Transitional) District and placed in
the RM-6 (Multiple Family Dwelling) District as defined in
Chapter 173 of the Code of Ordinances of the City of Delray
Beach. Florida. to-wit:
1 The West 340.32 feet of the East 970.16 feet
of Lot 1 lyins east of Federal Highway and
1 west of the F. I.N.D. Canal. in HARRY
SEEMILLER SUBDIVISION. according to the Plat
thereof recorded in Plat Book 9, Page 72.
. Public Records of Palm Beach County, Florida
(lYing within Section 9, Township 46 South.
Ranse 43 East); together with.
- 5 - Ord. No. 10- 89
.
~
Lots 8 through 11, inclusive, Block B, ROYAL
PALM GARDENS PLAT 3, according to the Plat
thereof recorded in Plat Book 21. Page 57.
Public Records of Palm Beach County, Florida
(lying within Section 9, Township 46 South,
Range 43 East).
The above described parcels contain a 2.48
acre parcel of land, more or less.
Section 8. That the following described property in
the City of Delray Beach, Florida, is hereby rezoned from the GC
(General Commercial) District and R-1A (Single Family Dwelling)
District and placed in the RM-6 (Multiple Family Dwelling)
District as defined in Chapter 173 of the Code of Ordinances of
the City of Delray Beach, Florida, to-wit:
The South 137 feet of the West 395 feet of
Block 3, REVISED PLAT OF ROYAL PALM GARDENS,
according to the Plat thereof recorded in
Plat Book 15, Page 44, Public Records of Palm
Beach County, Florida (lying within Section
9, Township 46 South, Range 43 East).
The above described parcel contains a 1. 22
acre parcel of land, more or less.
Section 9. That the Planning Director of said City
shall, upon the effective date of this ordinance, change the
Zoning Map of Delray Beach, Florida, to conform with the provi-
sions of Sections 1 through 8, inclusive, hereof.
Section 10. That all ordinances or parts of ordinances
in conflict herewith be, and the same are hereby repealed.
Section 11 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 12. That this ordinance shall become effective
immediately upon passage on second and final reading.
l
PASSED AND ADOPTED in regular session on second and
. ~lnal reading on this the day of . 1989.
MAYOR
ATTEST:
.
City Clerk
First Reading F@brnJlJry 1., lQAQ
Second Readiq
- 6 - Ord. No. 10-89 .
ORDINANCE NO. 11-89
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
Dl.:::.I'-AY BEACH, FLORIDA, AMENDING TITLE 7, "TR).F'FIC
cor~", CHAPTER 73, "PARKING SCHEDULES", "SCHEDULE I,
TW(J HOUR PARKING ZONES", TO PROVIDE FOR FOUR-HOUR
PAj;>nNG LIMITS IN CITY-OWNED PARKING LOTS, PROVIDING
A GENERAL REPF.ALER CLAUSE; PROVIDING A SAVING
CUUSE; PROVIDING AN EFFECTIVE DATE.
NO\.,", THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELP,Y BEACH, FLORIDA AS FOLLOWS:
Section 1. That Title 7, "Traff ic Code", Chapter 73 "Parking Sched-
ules" I of the Code of Ordinances of the City of Delray Beach, Florida,
be and the :,ame is hereby amended by amending "Schedule I, Two Hour
Parking Zone~;", as follows:
CHAPTER 7 3 : PARKING SCHEDULES
Schedule
I. Two-hourLFour-hour parking zones
II. Pal '.ing meter zones
SCHEDULE I. TWO HOUR/FOUR-HOUR PARKING ZONES.
(A) The following named and described areas, streets, or portions
of streets a:>d such other areas as may hereafter be included in this
section by amendment hereto, lying wi thin the corporate limi ts of the
City, shall constitute parking zones.
(l) The Chief of Police, either in person or by his designee,
shall mark o;f individual parking spaces and enforce a two-hour parking
lestriction in the following described parking areas:
Passage
On From To Ord.No. Date
Atlantic Avenue Swinton Avenue St. Rd. A-I-A 14-81 4-14-81
East Side of Atlantic Avenue N.E. 1st Street 14-81 4-14-81
N.E. lst Avenue
Gleason Strec: Atlantic Avenue r~iramar Drive
N.E. 1st Street S.E. 6th Avenue N.E. 1st Avenue 93-86 12-16-86
N.E. 2nd Averde Atlantic Avenue N.E. 4th Street 14-81 4-14-81
N.E. 4th Aver,'.;e Atlantic Avenue N.E. 1st Street 14-81 4-14-81
s.E:=ist Averi'le Atlantic Avenue First alley to 14-8l 4-l4-8l
the south
S.E. 1st Stre~t S.E. 6th Avenue S.E. 3rd Avenue 93-86 12-16-86
S.E. 2nd Avenue Atlantic Avenue First alley to 14-8l 4-14-8l
the south
'I
,.
-
Passage
On From To Ord.No. Date
S.B. 3rj Avcf,ue Atlantic Avenue S.E. 1st Street 14-81 4-14-81
~~. E. 4th Avenue Atlantic ]I.venue 3.E. 1st Street 14-81 4-14-81
~.E. 5th Aver;ue Atlantic Avenue First alley to 14-81 4-14-81
the south
Venetinn Dri'd~ Atlantic Avenue Niramar Drive 14,,81 4-]4-81
(2 ) A 'l'ne two-hour four-hour parking res~riction shall apply
in the fOllm,ing described City-owned parking lots:
DESCI:IPTION ORD. NO. DATE
Lots 5 and 6, block 77, Town cf Linton Plat
Lot 8 and th, north 21.5 feet of lot 9, all 14-81 4-14-81
of lot 16, a~1 the north 26.33 feet of lot l7,
block 109, p:'at book 1, page :3
Lots 14 through 17, block 101, plat book 1, 14-81 4-14-81
page 103
Lots 24 and ~5, block 92, plat book 2, page 21
(B) Ti.;;!e limit. Parking or standing a vehicle in a designated
space in the parking areas or zones described in division (A)(1) of this
schedule shall be la'....ful for two hours. Parking or standing a vehicle
in designated parkinq areas or zones described in Division (A) (2) of
this schedule shall be lawful for four hours. The two-hour or four-hour
parking limit, whichever is applicable, shall be in effect every day
between the hours of 8:00 a.m. and 6:00 p.m., except Sundays and holi-
days; provided, t,hat within the meaning of this section, the term
holiday shall include New Year's Day, Easter, Memorial Day, Fourth of
July, Labor Day, Thanksgiving Day, Christmas Day, and the days upon
which the ~elray Affair is held. ( '80 Code, 26.45)
(C) Th~ other provisions of this schedule notwithstanding, during
the period of time from and including June 1 through September 30 of
each calendar year, the two-hour off-street parking zones, two-hour
off-street parking restrictions and four-hour parking restrictions ill
Ci ty-owned L,ts shall have no restriction on the duration on parking in
those off-st.eet spaces and lots.
(D) Vie,lations. It shall be unlawful and a violation of the
prQ.l[isions 0:: this schedl1le for any person:
{1, To cause, allow, permit, or suffer any vehicle registered
in his name .0 be parked in the parking areas for a continuous period in
excess of t\~ j hours or for a continuous period in excess of four hours
in Ci ty-ownc. lots; 110wcver, during the period from and inclUding June 1
through Sept,liber 30 of each calendar year there shall be no
restriction:: OIl the duration of parking in all appropriately designated
and mnrked of-street parking spaces and City-owned lots.
ORD. NO. 11-89
L
.
-
('. ' To calIse, allow, permit, or suffer any vehicle registered
. ,
in the name \"- ~ that person to be parked across any line or marking of a
parking spa.:.' or in a position that the vehicle shall not be entirely
within the,;. ce designated by such lines or markings.
S'.~" ion 2 . That should any section or provision of this
I' ordinance 0: ,'ny pOI tion thereof, any paragraph, sentence, or word, be
I'
declared b' a cour t, of competent jurisdiction to be invalid, such
,
decision sh ,~l not affect the validi ty of the remainder hereof as a
Ii whole or paCe thereof other than the part declared to be invalid.
Ii
I'
" Section 3. That all ordinances parts of ordinances which
" or
I' are in conf:i~t herewith are hereby repealed.
I
Ii
I, S(,,:; don 4. That this ordinance shall become effective within
Ii 10 days upo;,- ~ts passage on second and final reading.
i
i:
,
" AND ADOPTED in regular session second and final
" P;.SSED on
II
II reading on t), is day of , 1989.
II
I,
"
;!
ii
i: MAY 0 R
"
'I
"
" ATTEST:
"
!i City Clerk
First Readil :;
Second Read;.n
-
I
I
I
ORD. NO. 11-89
I
CHTY DF t iElf.H1Y BEAr~1
;Iry ATTORN ('S OFFICE ~!I.) I :~i S"Jj{UT,Sl"jTJ ~ I)) ll,' Y 1\1-\("11, II OI~I' ' '.~-+:-'3
-+11-J~_P_il;l;(J fi j j(""l'jJ :{ .lll~ -:'71'i-4"~5
MEMORANDUM
Date: February 17, 1989
To: City Conunission
From: Susan A. Ruby, Assistant City Attorney
Subject: ORDINANCE NO. 11-89
Enclosed please find Ordinance No. ll-89, which provides for
two-hour parking in off-street parking areas and four-hour
parking in City-owned parking lots.
By copy of this memorandum to the City Manager. our office
requests that this ordinance be placed on the City Commission
agenda of February 28, 1989.
~
cc: Walter O. Barry, City Manager
Eli;;abeth Arnau, City Clerk
-
,
.
\ ,
,
I
ORDINANCE NO. 12-89
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING TITLE XV, "BUILDING
REGUL1I.TIONS", CH1>.PTER 150, "BUILDING REGULATIONS",
"BUILDING CODE", SECTION l50.0l6, "AMENDMENTS AND
ADDITIONS TO CODE", SUBSECTION 107.4, "SCHEDULE OF
PERMIT FEES", PAAAGRAPH (c) , BY ENACTING A NEW
SUBPAAAGRAPH 107.4 (c)XI, "CHANGE-OUT PERMITS";
AMENDING TITLE XV, "BUILDING REGULATIONS", CHAPTER
155, "ELECTRICITY" , "PERMIT AND INSPECTIONS",
SECTION 155.18, "PERMIT FEES" , BY ENACTING A NEW
PAAAGRAPH 155.18(D); AMENDING TITLE XV, "BUILDING
REGUL1I.TIONS", CH1>.PTER 157, "GAS CODE", SECTION
157.02, " AMENDMENTs AND ADDITIONS TO CODE",
SUBSECTION l13.4, " SCHEDULE OF PERMIT FEES", BY
ENACTING A NEW PAAAGRAPH 113.4(d); AMENDING TITLE
XV, "BUILDING REGULATIONS", CHAPTER 160, "MECHANICAL
CODE", SECTION 160.02, "1I.'mNDMENTS AND ADDITIONS TO
CODE", SUBSECTION l06.3, "SCHEDULE OF PERMIT FEES",
BY ENACTING A NEW PARAGRAPH 106.3(C); AMENDING TITLE
XV, "BUILDING REGULATIONS", CHAPTER l61, "PLUMBING
CODE", SECTION l61.02, "AMENDMENTS AND ADDITIONS TO
CODE" , SUBSECTION l13.4, "SCHEDULE OF PERMIT FEES",
BY ENACTING A NEW PARAGRAPH l13.4(d) TO PROVIDE FOR
CHANGE-OUT PERMIT FEES IN THE AFOREMENTIONED
I CHAPTERS ; PROVIDING A GENERAL REPEALER CLAUSE;
I PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE
I DATE.
I NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
! CITY OF DELRAY BEACH AS FOLLOWS:
Section l. That Title XV "Building Regulations", Chapter 150,
"Building Regulations", "Building Code", Section 150.16, "Amendments and
Additions to Code", Subsection 107.4, "Schedule of Permit Fees",
Paragraph (c) , of the Code of Ordinances of the City of Delray Beach,
Florida, be and the &ame is hereby amended by enacting a new
Subparagraph 107.4(c)XI, to read as f01lowE:
XI. Change-out Permits. A Change-out Permit request is a
reque&t made by a Sub-trade contractor or qualified
owner-builder, to obtain a permit to either repair or replace
minor components with the value of one thousand dollars
($1,000.00) or less, inClUding, but not lirni ted to, water
closets, lavatories, tubs, showers, sinks, water heaters,
air-conditioning condenser units, air-handlers, heat strips,
I -, mino:" duct repair, electrical fixtures, electrical service
upgrades, pool pumps, irrigation pumps and accessories. The
I fee for a change-out permit shall be a flat fee of thirty-five
I dollars ($35.00).
It
I Section 2. That Title XV, "Building Regulations", Chapter
, 155, "Electricity", "Permits and Inspections", Section 155.18, "Permit
i
I Fees", of the Code of Ordinances of the City of Delray Beach, Florida,
be and the same is hereby amended by enacting a new Pargraph 155.18(D),
I to read as follows:
i (D) Change-out Permit Fees. The proviSions of Chapter 150,
,
Building Code, Section l50.16, Subsection 107.4(c)XI,
regarding change-out permits, shall also be applicable to this
chapter.
Section 3. That Title XV, "Building Regulations", Chapter
157, "Gas Code", Section 157.02, "Amendments and Additions to Code",
~ 10
.
~ ~
,
1
Subsection l13.4, "Schedule of Permit Fees", of the Code of Ordinances
of the City of Delray Beach, Florida, be and the same is hereby amended
by enacting a new Paragraph l13.4(d), to read as follows:
(d) Change-out Permit Fees. The provisions of Chapter l50,
"Building Code", Section 150.16, Subsection 107.4(c)XI
regarding change-out permits, shall also be applicable to this
chapter.
Section 4. That Title XV, "Building Regulations", Chapter
l60, "Mechanical Code", Section l60.02, "Amendments and Additions to
Code", Section 106.3, "Schedule of Permit Fees", of the Code of
Ordinances of the City of Delray Beach, Florida, be and the same is
hereby amended by enacting a new Paragraph 106.3(d), to read as follows:
(d) Change-out Permit Fees. The provisions of Chapter 150,
"Building Code", Section 150.16, Subsection 107.4(c)XI
regarding Change-out permits, shall also be applicable to this
chapter.
Section 5. That Title XV, "Building Regulations", Chapter
16l, "Plumbing Code", Section 161.02, "Amendments and Additions to
Code", Subsection 113.4, "Schedule of Penni t Fees", of the Code of
Ordinances of the City of Delray Beach, Florida, be and the same is
hereby amended by enacting a new Paragraph l13.4(d), to read as follows:
(d) Change-out Permit Fees. The provisions of Chapter l50,
"Building Code", Section l50.16, Subsection l07.4(c)XI
regarding change-out permits, shall also be applicable to this
chapter.
Section 6. That all ordinances or parts of ordinances which
are'in conflict herewith are hereby repealed.
Section 7. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validi ty of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 8. That this ordinance shall become effective ten
(lO) days after its passage on second and final reading.
PASSED AND Adopted in regular session on second and final
reading on this the day of , 1989.
-
I MAYOR
ATTEST:
,
i City Clerk
i First Reading
I
I
j Second Reading
I
I
I
I
2 ORD. NO. 12-89
.
MEMORANDUM
TO: WALTER O. BARRY - CITY ~R
FROM: FRANK R. SPENCE~~OR, D~Et~;MENT SERVICES
SUBJECT: ORDINANCE l2-89
REDUCTION OF CHANGE-OUT FEES
- -
DATE: FEBRUARY 24, 1989
BACKGROUND
In response to a number of complaints from the citizenry that the
City's change-out permit fee of $53.90 is excessive, it is proposed
that the fee be reduced to a flat fee of $35.00. It should be noted
that the recommended change-out repairs are for those costing $l,OOO
or less.
The Standard Building Code, Section l03, defines "permit" as follows:
"A person, firm or corporation shall not erect, construct, enlarge,
alter, repair, move, improve, remove, convert or demolish any building
or structure in the applicable jurisdiction, or cause the same to be
done, without first obtaining a building permit for such building or
structure from the Building Official."
The definition for "change-out" would be the request made by a sub-
trade contractor (plumbing, electrical, air conditioning) to obtain a
permit to either repair or replace minor components such as those
items listed previously including such common change-out for: air
conditioning components, water heaters, plumbing components (water
closets, lavatories, tubs, showers, sinks); change of electrical
service; change of electrical fixtures; change of pool pump; change of
irrigation pump; and other pieces of equipment. Of the current
$53.90 charge, $36.30 is for the permit and $17.60 is for each
required inspection.
A survey of the surrounding jurisdictions which charge for Change-out
permits show the following: Boca Raton $25.00; Boynton Beach $30.00;
Palm Beach County $20.00. These entities do not charge any additional
amounts for inspections.
FINANCIAL IMPACT
A survey reviewing the previous 3-month period shows that a total of
145 permits were issued, generating $9,570.80 in revenue. Had the
amount of $35.00 been charged during this period, revenue generated
would have been approximately $5,040.00 or a loss of approximately
$4,530.00. Annualized, the projected revenue for this fiscal year at
the current rate is $36,000; under the $35.00 fee, the annualized
estimate would be $20,300, or a reduction in revenue in the amount of
$l3,700. Another consideration is that the reduction in change-out
permit fees would create the incentive for more compliance by
residents, thus possibly increasing the number of permits being
applied for and issued.
RECOMMENDATION
Staff is recommending that the Commission reduce the change-out permit
fee to repair or replace minor components with an estimated cost value
of $l,OOO or less to a flat fee of $35.00 effective lO/l/a9. Proposed
Ordinance l2-89, drafted by the City Attorney's office, is attached
for Commission consideration.
A:228.CC F/S
I
ORDINANCE NO. 13-89
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEJ>.CH, FLORIDA, AMENDING TITLE IX, "GENERAL
REGULATIONS" , CHAPTER 99, "NOISE CONTROL", "GENERAL
PROVISIONS", SECTION 99.04, "LOUD AND UNNECESSARY
NOISES ENUMERATED ; EXEMPTIONS", BY REPEALING
SUBSECTION 99.04(A)(1), AND ENACTING A NEW
I SUBSECTION 99.04(A)(1),; TO PROVIDE THAT IT SHALL BE
UNLAWFUL TO PLAY, OPERATE OR PERMIT TO BE PLAYED OR
OPERATED ANY RADIO, MUSICAL INSTRUMENT, PHONOGRAPH ,
OR OTHER MACHINE OR DEVICE FOR THE PRODUCING OR
REPRODUCING OF SOUND FOR THE PURPOSE OF ENTERTAIN-
MENT IF THE SOUND CAN BE HEARD MORE THAN 50 FEET
AWAY FROM A NOISE SOURCE EMANATING FROM PUBLIC OR
OUTDOOR AREAS AND lOO FEET AWAY FROM A NOISE SOURCE
EMANATING FROM WITHIN A BUILDING OR STRU C'I'URE OR
PROPERTY BOUNDARY WHICHEVER IS GREATER OR VIOLATES
PROVISIONS FOR NOISE SENSITIVE ZONING OR EXCEEDS
VIBRATION AND/OR DECIBEL RESTRICTIONS CONTAINED
WITHIN THIS CHAPTER; PROVIDING A GENERAL REPEALER
CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN
EFFECTIVE DATE,
I NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
I
I OF THE CITY OF DELRAY BEJ>.CH, FLORIDA, AS FOLLOWS:
I
Ii Section l. That Title IX, "General Regulations", Chapter
, 99, "Noise Control" "General Regulations", Section 99.04, "Loud and
Unnecessary Noises Enumerated; Exemptions", of the Code of
Ordinances of the City of Delray Beach, Florida, be and the same is
hereby amended, by repealing Subsection Section 99.04(a)(1) and
enacting a new Subsection 99.04(a)(l) to read as follows:
99.04 LOUD AND UNNECESSARY NOI SES ENUMERATED; EXEMPTIONS
(A) Certain acts declared unlawful. The following acts, and
the causing thereof, among others, are declared to be unlawful
and in violation of this chapter:
(ll Noise for entertainment purposes. It shall be
I unlawful for any person or persons to play, use, operate,
or permit to be played, used or operated, any radio,
I musical instrument, phonograph, or other machine or device
I -, for the producing or reproducing of sound if such sound is
, for the of entertainment is used for that
, purpose or
f purpose and can be heard from the distances stated in
j
Ii Subsection (al or violates the parameters set forth in
I Subsection (b).
I; (a) Violation will occur if the noise source is
I
i! located within an automobile, in or upon a public
street, highway, building, sidewalk, park, thorough-
I fare, or other public area, or is located in or upon
, a public access area, such as a Shopping mall,
f parking lot, etc. or on any private property, and the
sound can be heard more than fifty (50) feet from its
source or, if the noise source is in a building or
, I
.
,
.,
j
other structure and the sound can be heard more than
one hundred (lOO) feet away from the building or
structure or the boundaries of the property surround-
ing such building or structure whichever is greater.
(b) It shall be prima facie evidence of a violation
of this section if the sound can be heard outside the
limi ts described in Subsection la) , or creates a
noise disturbance within noise sensitive zones or if
I said sound violates any vibration and/or decibel
I levels set forth in this chapter (except for
activities open to the public and for which a permit
has been issued by the City according to the criteria
set forth in Section 99.30).
(c) Where the noise source is located in a building
or other structure, the owner, occupant, resident,
manager, or other person in charge of the premises
shall, if present, be presumed to have permitted the
noise in the absence of evidence to the contrary.
ld) This section shall not apply to non-commercial
spoken language covered under Division (Al of this
section.
i Section 2. That all ordinances which are in conflict
herewith be and the same 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 effect the validity of the remainder hereof as a
whole part thereof other than the part declared to be invalid.
Section 4. That this ordinance shall become effective ten
(lO) days after its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1989.
MAYOR
ATTEST:
- -
-,
City Clerk
I First Reading
I Second Reading
ORD. NO. 13-89
2
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: WALTER O. BARRY, CITY MANAGER
7--<~
VIA: FRANK R. SPENCE, DIRECTOR
DEVELOPMENT SERVICES GROUP
Q~~~#:>--
FROM: ID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF FEBRUARY 28, 1989
WAIVER OF PROCESSING REQUIREMENTS, CRYSTAL ICE
ACTION REQUESTED OF THE COMMISSION:
The action requested of the Commission is that pursuant
to Ordinance 47-86 "WAIVERS OF CITY ORDINANCES". The
specific action is to waive provisions of 173.865,
Site and Development Plan Approval.
The project is proposed along the east side of Congress
in the L.L. Park of Commerce.
BACKGROUND:
Site plan approval for this l4,850 sq.ft. single purpose
structure was granted in October, 1987. That approval was valid
for one year i.e. until October, 1988. A request for extension
was not made in the manner prescribed by l73.868: and, thus, that
approval has officially expired. This situation was not
discovered until the development plans were in plan check
(Building Department) and a referral was made to this Department.
Under normal circumstances, the approval is considered void and
any reconsideration of the development plan would require new
processing fees ($747) and a new submission, including C.A.B. and
P&Z Board reviews, in addition to full staff distribution and
comment. There are unusual circumstances associated with this
specific project. Some are contained in the request letter which
is attached. In summary the unusual circumstances are:
a) initial approval was for 12 months as opposed to the
normal time frame of 18 months:
b) the plat which followed the site plan action had to be
-, redesigned based upon some previously uncommunica teA,
information pertaining to the water, sewer, and access
situation of the property:
c) establishment of a firm construction date was in limbo
while arrangements (involving the City) were made to
provide sewer facilities to the site:
d) improvements pursuant to the plat (a separate action)
have been accommodated.
In addition, there have been no code amendments since October,
1987, which impact this specific development plan.
1"1--
City Commission Jcumentation
Meeting of February 28, 1989
Re: Waiver of Processing Requirements, Crystal Ice
Page 2
ALTERNATIVE COURSES OF ACTION:
1- Require that a new site plan review and approval process be
undertaken; thus, rejecting the request.
2. Based upon the above information, take the matter under
consideration and direct that a pUblic hearing, pursuant to
Ordinance 47-86, be set for the next meeting of the
Commission.
3. Find that an emergency situation exists which is not the
fault of the applicant and grant a waiver to l73.865.
RECOMMENDED ACTION:
By motion, direct a hearing be set for the next meeting of the
Commission at which an action of approval will be considered.
Any action of approval must note that this action does not negate
compliance with code requirements, but simply waives the formal
site plan review process.
Attachment:
- Applicant's request
- Location map and general background
c:
Frank C. Snedaker, Jr. A.I.A., P.A.
DJK/cm
REF/DJK#4l/A:CCICE
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FRANK C SNEDAKER ..JR AlA. ARCHITECT PA
,
February 15. 19S9 RECEIVED
FEB 2 1 89
Delray Beach City Council PLANNING
100 N.W. 1st Avenue
Delray Beach, Florida 33444
Attn: JIIayor Doak Campbell and The City COlllllliss10n
Re: Crystal Ice Corporation Site Plan Approval
Dear Sir..
,-
On October 13th, 1987 your body approved a .ite plan for Crystal lea
Corporation. This site plan approval was for one year. Due to
circumstances beyond the owner's immediate control he as not been
able to co.mence construction.
The previous owner of the property is responsible for providing water
and sanitary .ewer services to the property. The watir service has
been installed, however, the sewer lift station work was not even
begun es of October 1988. The sewer work is now in progress and
completion and certification are anticipated imminently. Due to the
lack of utility services Crystal Ice has bean unable to proceed with
construction through no fault of their own. As the utilities are now
n.~ring completion Crystal Ice would now like to begin construction
of their new facilities in accordance with the previously approved
site plan.
Your Planning Director, Mr. Kovacs, ;equired Crystal Ice to again go
through site plan approval. Due to the unusual nature of this delay
and the fact that it was-not precipatated by Crystal Ice we
respectfully request that you waive the requirement for another site
plan approval and allow Crystal Ice to proceed based on the plan
previously submitted and approved.
Thank you for your consideration in thIs .a1:1:er.
, -=- ~~ll~
....
ra C. Snedake Jr. A.IJ';~.A.
ArchItect
rt:B 17 1989
F C.ll1 dill
CCI Crystal Ic. Corporation CAROUSEL oeV. INC.
Carousal Development. Inc."
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PLANNING 8 ZONING BOARD
CITY OF DELRAY BEACH
--- STAFF REPORT
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H:ETING D=lTE: SEPTEMBER 21. 1987
AGEN:l=t ITEM: IV.D.
lTef: PROJECT: SITE PLAN FOR CRYSTAL ICE
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DATA:
OWner ....................... Delray Dixie Associates,
Michael Lembo, General Partner
A;ent ...................... Peter Chisho.lm
Location ................... east of Conqress Avenue south of
the L-32 Canal
Parcel .1a.................. 1.26 acres which is a part of a I
larqer parcel of approx 5.5 acres
~rent Zoning ............. M.I.C.
w
Land Use Map Dea1qnation ... Industrial.
CUrrent land use ........... vacant but a portion of the overall
site has an MIC center frontinq on
Conqress
Proposed land use .......... construction of a 14,850 sq. ft.
buildinq to house an ice
manufacturinq operation
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MEMORANDUM
TO: Walter O. Barry, City Manager
FROM: ~Robert A. Barcinski, Asst. City Manager/Community Services
DATE: February 24. 1989
SUBJECT: Documentation - City Commission Meeting - February 28. 1989
Bid Award and Funding Authorization - City Hall Expansion
Proj ect
Action
City Commission is requested to award a bid to the low bidder, Sessoms
Grice for the City Hall Expansion Project. in the amount of $2.297.331.00
and to authorize additional funding.
"
Background
Bids for the City Hall Expansion Proj ect were advertised on
on January 18, 1989. Bid packages were picked up by nine contractors.
Bid opening was held on February 21, 1989; five contractors submitted
bids. A copy of the bid spread sheet is attached. The bid was solicited
with a base bid package and five alternates - four of which were
additions to the base bid, one a deduct. The scope of work in the base
bid includes the addition of the north wing Development Services office
area, Commission Chambers, and the colonade.
The five alternates bid items are as follows:
1) Addition for North Parking Lot 1
2) Deduct for Covered Walkway
3) Addition for Retrofitting the existing building
with a sprinkler system.
4) Addition for Interlock Paver blocks for walkway.
5) Addition for water line - hydrants (NW 1st Ave.).
The total low bid with alternates less alternate 2 is $ 2,637,885.
Architect fees based on this amount will be $ 300,030.
The following revenue sources have been committed to the proj ect and/or
are available to fund this project:
1) 1987 Utility Tax Bond $ 1.500,000
2) Letter of Credit Financing 850.000
*3) Transfer from Water/Sewer Fund 23.777
*4) 1987 Utility Tax Bond Interest 150.000
$ 2.523.777
* Need to be approved by Commission.
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A summary of the architects' award recommendation with deductions is as
follows:
Construction cost as per bid with Alternates $ 2,637,885
(Except Alternate #2)
Deducts
1) Covered Walkway - Alternate 2 [ 139,000]
2) LockBlock Paving Alternate 4 [ 15,777]
3) Allowance for chairs [ 10,000]
4) Allowance for widening existing stairs [ 20,000]
5) Allowance for picture frames [ 2,000]
6) Allowance for contingency [ 50,000]
7) Deduct parking north property - Alternate 1 " [ 103,777]
TOTAL $ 2,297,331
Architect, Engineer & Consultant Fees
Schematics & Design (8% x Construction Costs) $ 183,786
Construction Admin. & Inspection 84,000
Reimbursables & Other 15,000
TOTAL ARCHITECT FEES $ 282,786
TOTAL PROJECT COSTS $ 2,580,117
Difference between Costs and Available Revenues [$ 56,340]
Other items to be added for direct purchase by the City:
1) Sound System $ 25,000
2) Cable for voice data 29,000
3) Architect Engineer fees 4,320
TOTAL $ 58,320
TOTAL PROJECT SHORTFALL [$ 114,660]
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EITY DF DELRAY BEAEH ~~ .
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100 N.W. 1st AVENUE DELRAY BEACH. FLORIDA 33444 407/243.7000
MEMORANDUM
TO: Walter O. Barry
City Manager
FROM: ~bert A. Barcinski
Assistant City Manager/Community Services
DATE: February 23, 1989
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING OF FEBRUARY 28, 1989
APPROVAL - CONTRACT WITH WASTE MANAGEMENT OF PALM BEACH
Action
City Commission is requested to approve a contract with Waste Management of
Palm Beach County to provide for the collection of refuse, trash, bulky
wastes and recyclable materials. The term of the contract shall be for a
period commencing on April 1, 1989 and continuing through September 3D,
1994.
Background
Attached for Commission consideration is a contract with Waste Management
of Palm Beach County to provide for the collection of refuse, trash, bulky
wastes and recyclables.
The proposed contract includes provisions contained in the existing contract
with revisions and the addition of a recycling program. The contract scope
includes twice weekly residential refuse collection (type A, B, C and D
service), commercial refuse collection, trash and bulky waste collection
(once per week in the target areas; on a call-in basis for other areas of
the City), and once per week collection of recyclables.
Major additions/changes to the present contract include:
1) The addition of a recycling program.
2) Extension of the contract to September 3D, 1994, with an automatic
renewal period of five years. The current contract expires on
September 3D, 1992, with an automatic renewal period of two years.
3) Free dumpster service for City owned facilities beginning October I,
1989.
4) Dumpsters will not be allowed in the right of ways unless special
-, exemption is granted by the City. 0,
THE EFFORT ALWAYS MATTERS
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The Recycling Program proposal includes a pilot program (to be conducted from
April 1, 1989 to September 3D, 1989, at no charge), a public relations program,
ownership of recyclables by the City, and record keeping requirements. The
proposed charge to the City is $1.85 per residential customer per month and
$43.00 per month for a 2-cubic yard dumpster (commercial service). Replacement
of lost, stolen or damaged containers will be the responsibility of the customer
after the pilot program is completed. Billing for containers will be direct to
the customer from Waste Management. Estimated revenue from the sale of recyclables
is $ .85 per month per residential customer. Resale revenue will depend on
market conditions. Costs for the recycling program will be passed onto the
customer.
Recommendation
Staff recommends approval of the proposed contract with,Waste Management of
Palm Beach County.
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MEMORANDUM
TO: WALTER O. BARRY - 4 MANAGER
.~,.I _.
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FROM: FRANK R. SPENCE - DIRECTOR, DEVELOPMENT SERVICES
SUBJECT: APPEAL REQUEST OF SADAQAT JAWEED
DATE: FEBRUARY 10, 1989
BACKGROUND:
Briefly, Mr. Jaweed who owns a dwelling at 114 SW 2nd Street in
Delray Beach was cited in December 1986 for having a dwelling
located in the R-1A zoning district (single family) which was
illegally converted into a multi-family unit consisting of at
least 3 separate units in the structure in violation of City
codes.
In March of 1987 the Code Enforcement Board found him to be in
violation and accepted a stipulation that he would correct
numerous building violations in addition to the illegal
conversion. Subsequent to that time, Code Enforcement and
Building Inspectors determined that the owner proceeded to repair
the house in question without securing required permits from the
City. Mr. Jaweed was cited for further violations of the City
code.
Mr. Jaweed's position is that this dwelling is a legal, non-
conforming use in that it has been used for multiple dwelling
purposes since the 1940's.
In 1988 Mr. Jaweed applied for a landlord permit and was denied
,because of the current R-1A zoning. In accordance with City
Statute ll7.04, Landlord Permits, Appeals, Mr. Jaweed appealed
this administrative decision of denial to be heard by the Permit
Review Committee.
This committee comprised of the Director of Development Services,
Frank Spence, Planning and Zoning Director, David Kovacs and
Community Development Coordinator, Dorothy Ellington, met on
January l3, 1989 at which time Mr. Jaweed and his attorney
presented their case. The Permit Review Committee denied his
appeal.
Pursuant to Section 117.04 of the City's Code of Ordinances,
decisions of the Review Committee may be appealed to the City
Commission who's decision shall be final'Jr. Jaweed is now
makiE9 such an appeal.
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[ITY DF DELRAY BEA[H ,
1
CITY ATTORNEY'S OFFICE 310 S,E, 1st STREET, SUITE 4 DELRA Y BEACH. FLORIDA 33483
407/243-7090 TELECOPIER 407/278-4755
MEMOR1lNDUM
Date; February 6, 1989
To: Walter O. Barry, City Manager
From: Susan A. Ruby, Assistant City Attorney
Subject: APPEAL REQUEST OF S1IDAQAT J1>.WEED
Our office has received a letter from Louis J. 1>.lfonso, Esq. ,
representing Sadaqat Jaweed requesting a hearing before the
Ci ty Commission of the denial of the Landlord Perini t Appeal
made to the Permit Review Committee.
Pursuant to Section ll7.04 of the City's Code of Ordinances,
decisions of the Permit Review Committee may be appealed to the
Ci ty Commission whose decision shall be final subject to any
appeal such decision to the Circuit Court.
In light of Mr. Alfonso's request, please place the appeal of
this matter before the City Commission on the next available
regular City Commission agenda.
Thank you for your assistance.
~
SAR:rg
1>.ttachment
cc: Frank Spence, Director of Development Services
David Kovacs, Planning Director
Dorothy Ellington, Planner II
Louis J. Alfonso, Esq.
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J.."UUL~ v. nl.J,u~'t,;)U, .l.l..I\.I,.
ME:. ER FLORIDA AND N.J, BAR, LAW OFFICES
370 CAMINO GARDENS BLVD"S-323 BOCi-I ,iATON,FLORIDA 33432
PHONE (407) 391-2611 FAX (407) 750-7959
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City j;'::~'I'i..~;:":; Oin,..;:
i' CU', of l)clrK~1 ;-jeach
January 23, 1989'"
City Commission
City of Delray Beach
Delray Beach, Fl
Re: Appeal of Sadaqat Jaweed
from Permit Review Committee
to City Commission Re: 117.04
Gentlemen:
I represent Mr. Sadaquat Jaweed who had a hearing before the
Permit Review Committee concerning the denpl . of a landlord
permit. This hearing took place on January l3, 1989 at l:30PM.
The Committee voted to deny my client's appeal.
In accordance with your administrative rules (ll7.04) this
is an appeal of said action and decision by the Permit
Review Committee.. Kindly let me know when the appeal
will be heard.
Thank you.
Cf"?'C.J ./
Louis/J ..
LJA/ms U
cc: Susan A. Ruby, Assistan City Attorney
(City Attorney's Office , 310 S.W. lst St., Suite 4
Delray Beach, Fl 33483)
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MEMORANDUM
TO: City CODDllbsion
FROM: Board of Adjustment
SUBJECT: REAPPOINTMENTS TO BOARD
DATE: February 22, 1989
David Klarer, appointed in March of 1987, and Mark David, appointed in
November 1988, would like reappointment to serve on the Board. Both
terms are due to expire on March 15, 1989.
Thank you for your attention to this matter.
.
~IJ.~FN
STEVEN D. RUBIN, Chairman
Board of Adjustment
cc: City Manager
Members, Board of Adjustment
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[Iry DF DELRAY BEA[H ~
CITY ""'TORNEY'S OFFICE 310 SL 1st STREET, SUITE 4 DURAY BEACH, FlORIDA 33483
HI 407(243-7090 TUECOPIER 4071278-4755
MEMORANDUM
Date: February 15, 1989
To: Walter O. Barry, City Manager ~ ~~
From: Jeffrey S. Kurtz, Assistant City Attorney l~
Subject: Reappointment of Steve Rubin, Chairman of the Board
of Adjustment
Mr. Rubin contacted our office to inquire as to whether he was
eligible for reappointment to the Board of Adjustment. The
question arose because of the City Commission's policy of
limi ting appointments to two terms in office. . Mr. Rubin was
originally appointed to the Board of Adjustment as an alternate
in March of 1984 and then was appointed to fill in as a regular
member with the term expiring on October 9, 1984. Thereafter,
he was appointed in March of 1986 to a term ending on March 15,
1989. It is our office's understanding of present Commission
policy that a Board member is eligible to serve two full terms
as a regular member even in such cases in which that would mean
that they served more than two terms because their original
appointment, as in this case, was to fill in for someone else's
term.
It is my understanding that Mr. Rubin would like to be reap-
pointed to the Board of Adjustment for another term ending
March of 1992. Therefore, it would be appreciated if you would
place his reappointment on the February 28 agenda.
Should you or any Commission member have any questions con-
cerning this matter, please do not hesitate to contact our
office.
JSK: sh
cc: City Commission
Steve Rubin, Chairman, Board of Adjustment
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MEMORANDUM
TO: COlIDDission
FROM: Community Appearance Board
SUBJECT: REAPPOINTMENT OF MEMBERS
DATE: February 22, 1989
The terms of Ann Pearson, appointed in July 1988, and Richard Eckerle,
appointed in November 1987, will expire on March 8, 1989. Both members
would like reappointment.
Thank you for your attention to this matter.
Zv~ UJ~
WILLIAM WILSHER, Chairman
COlIDDunity Appearance Board
lamb
cc: City Manager
Members, Community Appearance Board
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MEMORANDUM
TO: Walter O. Barry, City Manager
FROM:~obert A. Barcinski, Asst. City Manager/Community Services
DATE: February 22, 1989
SUBJECT: Documentation - City Commission Meeting - February 28, 1989
Approval - Grant Application - After School Care Program
Action
City Commission is requested to approve a grant application to the
Children's Service Council in the amount of $154,652 for the After School
Recreation/Child Care Program.
Background
The Parks and Recreation Department has prepared a grant application to
the Children's Service Council for the funding of our After School
Recreation/Child Care Program. The program is designed to provide
services to approximately 350 children; 250 on a daily basis. Services
to be provided include:
1) Supervised open-play activities such as arts & crafts, movies, table
games, nature hikes, ice-skating, etc.
2) Supervised, instructional and recreational athletic activities such as
basketball, baseball, swimming, golfing, tennis, fitness, hockey,
figure skating, boating, etc.
3) Field trips to other parks in Palm Beach and Broward Counties,
museums, nature parks, amusement parks, etc.
4) Tutorial assistance services utilizing part time teachers and/or
teachers' aides to provide tutoring services during the daily time-
frame of the program.
5) Transportation from various school-sites in City of Delray Beach to
the various recreation centers that will serve as activity centers and
from which field trips will originate. Transportation will be
provided to the participants at the end of each daily session for
eligible participants.
6) Program staff shall meet regularly, at least once a month, with school
staff, i.e., principal guidance counselors, teachers, etc., to track
the students' behavior and performance at school as well as in the
after-school program.
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February 22, 1989
Page -2-
The program hours are 2:00 p.m. to 6:00 p.m., Monday through Friday.
Program sites are the Community Center, Pompey Park, and Carver Middle
School. The total proposed program costs are $210,459.00. The grant
would fund 73% of these costs. The City received $112,362 in the current
year, and is able to provide services to approximately 250 children with
a daily enrollment of approximately 190.
Requested grant will provide funding for personnel and operating costs.
Recommendation
Staff recommends approval of the grant application to the Children's
Services Council in the amount of $154,652 for the After School
Recreation/Care program.
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MEMORANDUM
TO: WALTER O. BARRY - CITY MAN~
FROM: FRANK R. SPENCE~;IR~fbR, EV;LOPM~T SERVICES
SUBJECT: REQUEST TO WAIVE l500 FEET DISTANCE RESTRICTION BETWEEN
ACLF'S AND SIMILAR FACILITIES
DATE: FEBRUARY 24, 1989
BACKGROUND
Commission has received a request from Attorney Robert W.
Federspiel, that they waive the l500 feet restriction imposed by
the City's code between ACLF's and similar facilities, so that
his client's property at 211 SE 10th Street may be used for
abused spouses, expectant mothers with or without existing
children and offices for Birthline and Respectlife. His letter
and location map are attached.
Section l73.06l (C) (2) states: "there shall be a distance of l500
linear feet, measured from property line to property line, in
air line distance, between an abused spouse residence and any
other social service residence, including group homes, ACLF's,
drug and alcohol treatment facilities, and similar facilities."
The residence is located at 211 SE 10th St, in the recently-
annexed Silver Terrace area of Delray Beach. It has over 4,000
sq. ft. of living space and is currently illegally divided
interiorly into two separate living units. Numerous other code
violations have been issued by our Code Enforcement Division and
are pending subject to the sale of this property.
The proposed buyers, Mr. and Mrs. Donald E. Ralph, intend to
bring this building into full compliance with all City codes.
The residence is located in a deteriorating neighborhood and
would constitute an improvement to the building and the
neighborhood. The proposed facility is located approximately 800
feet from the Golden Paradise ACLF on S. Dixie Highway.
RECOMMENDATION
Staff believes that such a facility and social service is needed
in this community and would be an asset to the City and to that
neighborhood. In discussions with the City Attorney's office,
the opinion has been given that the City Commission cannot waive
the l500 ft. restriction. Therefore, the two avenues available
to the applicant are: (l) File an application with the Board of
Adjustment seeking relief, or (2) Request the City Commission to
change the zoning code to reduce the distance between similar
facilities or to permit such uses as a conditional use in the RH
zoning district.
FRS:DQ
Attachment
F
A:228.CC
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: WALTER O. BARRY, CITY MANAGER
'J ~ ~~- .
VIA: FRANK R. SPENCE, DIRECTOR
~ELOPMENT SERVICES GROUP
FROM:
ZONING
SUBJECT: MEETING OF FEBRUARY 28, 1989
INITIATION OF ANNEXATIONS, NORTH FEDERAL HIGHWAY
ACTION REQUESTED OF THE COMMISSION:
The action requested of the Conunission is that of
providing direction to annex eligible parcels along
North Federal Highway and to affix initial zoning on
them.
BACKGROUND:
Consistent with general discussions aired last year, we are now
ready to embark upon additional annexations of eligible parcels.
The first area to be addressed are the remaining parcels along
North Federal Highway. Attached is a map which shows the
approximately twenty property ownerships which are involved.
Four ownerships are under water service agreements which call for
voluntary annexation. Other property owners have indicated their
individual desires to annex.
Annexation Strateqy: The process which is proposed is as
follows:
l. letter contact to each property owner informing them of
our desire to annex and offering that they may
voluntary annex without cost (fee, survey, legal
expenses) as a part of this effort;
2. "calling in" of the water service provisions for
voluntary annexations;
3. in one "project", process all these eligible voluntary
petitions -- all expenses will be borne by the City.
The proposed, initial zoning for each parcel is General
Comm~_cial (GC).
Any parcels which do not annex at this time will only be annexed
at such time as the property owners individually petition for
VOluntary annexation.
PLANNING AND ZONING BOARD RECOMMENDATION: This specific request
has not been befQre the Board; however, its pursuit is consistent
with, and directed by, Policy B-3.4.
RECOMMENDED ACTION:
By motion, direct the Administration to proceed with voluntary
annexations in the North Federal Highway area pursuant to the
strategy setforth in the documentation report.
Attachment:
- map
REF/DJK#4l/CCFED.TXT ~?
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,
February 22, 1989
Mayor Doak Campbell
City of Delray Beach
100 N.W. First Avenue
Delray Beach, Florida 33483
Re: Wilson Property at 610 North Ocean Boulevard
Dear Mayor Campbell:
My husband, Roderick T. Wilson, is the owner of a parcel of
land located at 610 North Ocean Boulevard. We would like to be
able to subdivide our parcel into three lots and are therefore in
the process of replatting the whole parcel in order to do so. In
reviewing the zoning code, it appears that we meet all the
requirements for R-1AAA with the exception of the front footage for
the proposed lot east of State Road A-1-A. As you know, R-1AAA
requires 100 feet, whereas we would have 90 feet on this parcel.
The former owner of this parcel conveyed the south 10 feet of this
parcel to the City for "right-of-way for pUblic municipal beach
purposes" (as well as 100 feet of their lot adjacent to it). But
for this conveyance, there would be no question that the proposed
lot would be fully conforming with your zoning code.
In order to make the lot conforming, we have considered
requesting a rezoning to R-1AA. This, as you know, only requires
a 90 foot lot width. We have also considered requesting a
variance. However, in reviewing the deed conveyance, and
discussing the matter with the Assistant city Attorney, Jeff Kurtz,
and the Planning Director, Dave Kovacs, it appears that the matter
may be more easily resolved if the City were to deed the south 10
feet of this parcel used as public right-of-way back to the owner.
The south 10 feet of this parcel is currently not being
used by the City of Delray Beach. In addition, we would not be
building on this south ten feet, therefore the status of this
parcel would remain the same. The SUbdivision of our parcel into
three lots would enhance the value of the beach area to the City
of Oelray Beach in keeping with the current quality of life there.
--
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Mayor Campbell
February 23, 1989
Page 2
r would appreciate your consideration of this at your earliest
meeting, perhaps February 28, 1989, as I will be able to attend and
answer any questions you may have. I would be pleased to discuss
our request with you or any other person. If I can provide you
with any additional information, please contact me through my
attorney's office at (407) 368-3808.
Thank you for your attention to this matter.
Sincerely,
~~W~
Joyce Costomiris Wilson
JCW:ce
cc. Charles L. Siemon, Esq.
Walter Barry, City Manager
Jeffrey Kurtz, Asst. City Atty.
Dave Kovacs, Planning Director
(individual copies sent to all Commissioners)
"
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I
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MEMORANDUM
TO: Walter O. Barry
City Manager
FROM: 0.J David M. Huddleston
Director of Finance
SUBJECT: Proposals for $5,000,000 Project Financing
DATE: February 28, 1989
On February 24th at 2:00 p.m., the City opened proposals for the Bond
Anticipation Note pertaining to the $5,000,000 in projects, which were
received from the following firms:
l. Prudential-Bache Capital Funding/Gulfstream Financial Associates, Inc.
2. Sun Bank/South Florida, N.A.
3. Barnett Bank
4. First Union National Bank of Florida
5. NCNB National Bank
The attached Schedule A is a tabulation of the terms and conditions of
these proposals.
These proposals have been reviewed by Dean Witter Reynolds, our financial
advisor, and Mudge Rose, our bond counsel. I have attached a copy of a
recommendation by Mr. Stanley E. Ross of Dean Witter Reynolds. Mr. Ross
has indicated that the submittal by Prudential-Bache/Gulf stream Financial
has a true interest cost of 7.36% which is the lowest fixed interest rate
submitted. The only other institution to submit a fixed interest rate
proposal was Sun Bank with a fixed interest rate of 7.48%. Sun Bank as
well as Barnett Bank, First Union and NCNB also submitted rates for
variable interest to either be adjusted daily, monthly or quarterly. The
proposal submitted by Sun Bank provided for the lowest true interest cost
for a variable interest rate at 7.238% per month for a bank-qualified loan.
Bank-qualified rates are allowed for by the Internal Revenue Service when
the total issuance is under $10,000,000 per calendar year. Other rates
were quoted for non-bank-qualified loans, however, it is the City's
expectation that we will not issue in excess of $10,000,000 during this
calendar year.
Recommendation:
Mr. Ross has recommended that Prudential-Bache Capital Funding/Gulfstream
Financial Associates, Inc. is the most favorable to the city and I verified
Mr. Ross's numbers with our bond counsel, Mudge Rose.
Mr. Ross indicated that he would not be in favor of utilizing the variable
rate proposals.
DMH/sam
Attachments j/S'
SCHEDULE A
===:===========================================================================================::=:=:
SUN BANK BARNETT FIRST UNION NCNB NA TL EULFSTRm-
BANK BANK BANK PRU BACHE
--~------------------------_._-----------------------------------------------------------------------
, RATE
"
A. FIlED
1. BANK DUALFIED 7.48% NfA MAY BE CONVERTED Tu N/A NIA
2. NON-BANK QUALIFIED 5.8l% N/A .FIlEO RATE AFTER NlA 6.5%
1-1-90
B. VARIABLE; BANK QUALFIED
1. ADJUSTED :'AILY ,fA ~:J: OF FE IME ~. .- ~ b5, 0, PRI~E N:~
j., ~
:. ADJUSTED ~ONTHLY 63.07. OF PRIME N;'~ ,fA N/A ~,'A
3. AvJUSTED QUARTERLY 64,]X OF PRIM~ N/A N/A ,'J/A N/~
4. ADJUSTED ~NNUALLY 65.7l. OF PRIME NIA N!~ N/A N/A
^ VARIABLE; NON-BANK QUALIFIED
c.
~. ADJUSTED ~AILY ~UA m cF PRIME tl/^ 80:~ OF P;;:I~E p ,-
I,., ',.'"
:. ADJUSTED ~ONTHLY 74.87. OF F'PIME N/A fUA NIt. ~ '(,
.',.
~. ADJUSTED QUARTERLY 76. 9~( OF oRIME N/A 88,7;' OF PRIM: 4-!-S~ IJ", ',: ~
:./..
THRU 4-1-92; 100X OF
P'~IME 4-2-92 "RU 4-[-1)9
4, ADJJS:EC ANNUALLY 78.S! OF PRr~E N/A N/A N/h r;J ~
C', D:FA~LT,~ATE ~f;, PR1ME T 4~ ADJUSTED NO PREPAYMENT PE~ALTY ~;!~E . 3~ ADJ~STE~ I' , ~
~,. I'"
D~IU'j FAY~.f:LE & ~Hl~E INTERES7 IS :k~DEr' r'AILY
CO~PCJ~~ED SE~r- TQ VARrAB~~ RATE
A~lNUALL~' .
-. INTERES'I" "AID 2lAR'E~:~'f SE~JANNUALLY I~TEREST ONLY 1-3 y=:, QJ~RTERLv S::~rA~;I,~c~_',
F. PRPJ[IF,tL F':~Ir DEFERPED 'I~ DEFERRED TlL PF.'INC!PAL A,~GR"!ZED CV::~' DEFERRED iIL rl~:F:F:~.H -Ie.
MATUR';Y' MATJPrTY ! 7 YEARS FQR '(I: ,-;,: MA TUF: r :'~' -;;'-1.:;:-\
II. BASrS 3M DAY ?ASIS 36~j NIT BASIS 361) DA't r~5JS 3tC !:'AY :;:,S!S 3t,Cl !.p 'j EL S: ~
II!, MATURITY 3 YRS FROM CLOSING 3 YEARS 2(' tEfiR TERH 2 Y::A?S 3 'fEAF:
NO LATER 'HAN APRIL
30, 1992.
IV. 'EES ATTOR~EY S FEES ON~i FEES ESTIMATEr A- ND- TO DC~ED FEES Esr:~,rEr ~~ ;E~: E~~!It:'~:~
NOT TO EXCEU $.7,::-::-'::' fl:lr:I:'C'. 3t 51)("', $: \!):::C. 'CC ....
.'~ I
FROM DERN WITTER MIR(658) 2.28.1989 11 J 50 P, 2
DEAN WrITER REYNOWS lNG. I}
PubJJc Finance, 801 BrIckell Avcnull, Miami, FT. $$1$/
Telephone (305) 37J-JJII
(800/ 445-B8B7
February 27, 1989
The Honorable Mayor and
Members of the Qty Commission
of the City of Delray &aeh. Florida
100 N.W. Firat AVenue
Delray Beach. Florida 33444
Ladies and Gentlemon:
In accordance with your request, We haVe revicwed proposals received by the City for
undelWrltlng or private placement of the propo:scd approximately $5,000,000 of Bond Anticipation
Note.. The proposed Notes would be secured by utility tax revenues and would be !ssued fur the
purpose of funding various capital prujects and pwgrlims. Our rewmmendalions arc as Collows,
Sun Dank/South Florida. N.A.. proposed private placement of a Bond Anticipation Note which
would allow the City to borrow, repay and reborrow against the Note during the three'year term of tile
Note, Tlus was the lIlu.t favurahle uC the prupusals CUt private pla<.:emcnt. Interest only would be paid
by the City until .ueh time a. bonds would be issued to pay the outstandillg prillci)!al uf Ihe Nute.. The
quotation of the interC5t rate was 7,48% for a banle qualified note and 8.8] % fur a 1I01l-lJallle 4ualified
note. which would be fixed for the tluee.yeal period, n,e variable rate 4uuted, based upun the present
prime rate of 11 I/2%, ranged frulll 7,25% tu 7.56% bank 4uliliOed and 8.60% to 9,03% on a non-b:1I1k
qualified loan. (The lOwer rate is ba>ed on a monthly adjustment of the rate fangillg upward COI
quarterly and annual adjustments.) TIle anomey's fees to be dlalged by the bailie wuuld 1101 exceed
$7,000. Tllere are various other cOllditions lu the luan which wIIuld nOI appear to ~ onerous,
Prudential-Bache Capital FUnding and GulCslream Fillanda~ Aswciates. In~. ,ubmilled a joil1l
proposal to underwrite Bond Anlicipation NOles which would be I'ublidy oITered 10 malure on any d'tle
within the nc;xt .uccceding three years and, for pluposes of illustration, ""\Umed the NIIle~ would
mature two years after date of issuance. Interest only would ~ paid by the City unlil such tiIlle as ~onds
would be issued to pay the outstanding principal oflhe Notes. n,e pruposal csliIllaleu the cUllenl lale
of interest to be 6.75% at a di>CUlllll uC $8,25 per thuusand and .!ssumed w,l~ of i"uan~e I1C $15.000 III
cover printing and other costs to be incurrc;d by the City except bond counsel. The true imerest cost
after deducting costs of issuance and undelwriter's discount for a lion-bank 4Ualified IIlJle would be
7,36% for a fixed rate as compared With variable rate of 7.238% for bank qualific;d and 8,625% for non-
bank qualified.
We have conferred with OUf municipal trading desk and have been advised that as of today the
re.offering rate on a two-year Note should be ill the range of 6 1/2% tu 6 3/4% for a Cily oC Deh ay
Beach Utility Tax Note. rated MJOl ~y Moody's. The underwtiting discoul1l proposed oC $8.25 per
thousand waa considered to be rellS()nable. TIle rates proposed by Sun Bank also appear to be in line
with current mncket rates for private placements.
.. ~" ... ......" "".. I 'l:./', ".... '0....."",- ~. ~o. 1 :10::;:- 11:::.1 P. 3
The Honorable Mayor and
Meml",rs of the City COmmission
Page Two
February 27, 1989
II is my opinion that the proposal of Prudential-Bache and Gulfstrcam for issuancc of Notes to
Ix: publicly offered would be more favorable 10 Ihe Cily than lhe private placement. TIle elCl",c(ed
inlerest cost to the City on a non.bank qualified fJJ(ed rate would be considerably lower on the public
offerins, and would even be lower than a bank qualified issue. In addition, the City would receIve [he
entire proceeds on an i~ue of $5,000,000 at the closing which if under $5,000,000 would nol be ~ubje(;l
to arbitrage limitations. Under current market conditions, the prou:eds wuh.! be invested at rafes in
exccss of the rate of interest to be paid, which Would reduce Ihe interest cost to the City on the Nares,
Respectfully submitted,
stey E, R~S:~
Vicc President
SER:b
MEMORANDUM
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TO: Walter O. Barry
City Mauager "
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FICICI avid M. Huddl..t,oJl
Diractor of FinanQ~'
SUBJECT: Line of Credit Alre..ent
DATI: February 24. 1989
Backarouncll
OIl February 14. 1989. the City Coaaisa1on agreed conceptually to
authorizina a Line of Cradit up to $5 million for funding varioua projecta~1t
The following achedula reflecta propoaed tentativa projacta. along witb th.~ .
annual debt aervice millage equivalents and annual coste to hoaeowners.:i.,
ANNUAL ANNUAL COST TO A
DEBT SERVICE HOMEOWMER WITH
PROJECTED MILLAGE A NET VALUE
PROJECT/PROGRAM COST EQUIVALElIT OF $50.000
Tennia Center $1.029.000 j $.062/$1.000 $ 3.09
Lake Ida Land Acquiaition $ 275.000 J $.017/$1.000 $ 0.83
City Hall Expansion $ 850.000 $.051/$1.000 $ 2.55
Love Property $ '400.000~ $.024/$1.000 $ 1.20
Old School Square $ 300.000 $.018/$1,000 $ 0.90
Veterans. Barwick and Miller $ 350.000 $.021/$1.000 $ 1.05
Park and Golf Course Im-
provements
Paving and Drainage $ 450.000 J $.027/$1.000 $ 1. 35
East Atlantic Avenue Im- $ 830.000 $.050/$1.000 $ 2.49
provelll8nta
TOTAL $4.484.000 $.270/$1.000 $13.48
It a180 _ agread that the administration would COIII8 to Co..tsaion for
authorization of apecific projects prior to eatabliahing a formal draw for
tha project. The adminiatration ia currently aeeking Raqueat. for Propoaal
fru. varioua financial institutiona to include:
1. Sun Bank
2. Barnett Bank of Palm Beach County
3. Firat Union National Bank of Florida
4. NCNB
5. Gulfatre.. Financial .5
6. PrudenUal-Bache Capital Funding 1",,}l II ~p,.{ .
~ 1-.1t~16h,p; ~
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W.ltu 0.. Barry, City Hanaler
P..e Two .
February 24.. 1989
The.. propo..l. will b. rec.iv.d at 2:00 p.m. on F.bruary 24th and will b.
.ubject to review by st.ff before makinl a recommendation to the City
C~ia.ioll.
Th. City C~..ioll i. al.o con~iderinl the financinl of a downtown parkinl
I.ra.e.t .11 .xpected co.t . ,0.....,16.5 million. Th.refore, the combin.d
allticipat.d borrowin. for c.led4.r year 1989 would b. $10.5 million. Th.
pro.pectiv. .w.rd of the r.volving Line of Cr.dit might 10 to a bank or
other financi.l inatitution. Curr.nt IRS guid.lin.. provide int.r..t rate
adv.nt.... for i..u.nc.. und.r $10 million.
Financi.l Implication.:
The propo..d .hort-t.ra cr.dit agr..m.nt would more than likely provide for
· two-y..r Not. that would bav. int.r..t-only p.yment. or capit.liz.d
int.r..t which could be incorpor.t.d at the .lId of the two-ye.r Not.. Thi~
d.ci.ion would b. .tructured b...d upon the .xi.tin. mark.t condition. .~;
the time of the aw.rd. Th. City currently h.. budg.t.d $140,000 fo~~
int.r..t p.yment. for fi.cal ye.r 1988-89. Bas.d upon the dr.w sch.dul"'_
for the propo.ed proj.ct., thi. aDOUllt .hould b. more th.n ad.quat. for the
curr.nt bud..t ye.r. For fi.cal year 1989-90, a..uming continu.d dr.wdoWD
of the r.volving Lin. of Cr.dit, the annual inter.st payment would be
approximat.ly $285,000. At the end of the two-year Note, the City could
eith.r extend the short-t.rm Note or issue a 20-year bond to replace the
.xiatin. Not..
Th. replacement with a 20-year bond is similar to utilizing a conetruction
home loan with. 20-year mortgal. at the end of the construction period.
It is anticipated that the annual debt service would be approximately
$550,000 for a $5 million bond issue. This would be a millage equivalent
of approximately $.30 per $1,000 of assessed valuation. The project
schedule reflects millale equivalents for the various projects. The City
has considered a General Obligation Bond Issue to replace the Note at the
end of two years. This bond issue would pledle the Ad Valorem Tax of the
City and would r.quire a refer.ndum to approve an Ad Valorem Tax pledge.
The alt.rnativ. to the Ad Valorem pledge would be the desilnation of one or
more .p.cial ravenu.. within the G.neral Fund. The.e sourc.s could be
al.r..at.d iato a .eneral pledge of all non-pl.dged, non-Ad Valorem Tax
r.v.nue..
Th. City ba. also discuss.d other pot.ntial revenue sources to help offset
the financial impact to the G.neral Fund. Amon. these option. ar. the .ale
of the current Tenni. Center property. A eale price of $650,000 ha. been
di.cu...d concerninl the current T.nni. Center. Thi. money could be u..d
durinl the next two yeare to repay the revolving Line of Credit and to
reduce the following bond issue.
Additionally, aecreation Impact Fe.. could be used to help offset the coste
..eociat.d with the Tennis Center and other park improvements. The offset
;. .
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Walter O. Barry. City Manager
Pas_ Three' '
rebrua~ 2.":.198"
of Recreation Iapact Fee. for the Tenni. Center and other park improvement.
would be .ubject to an interpretation by the ~ity Attorney a. to their
appropriate u.e. It ie anticipated that Recreation Impact Fee. could
senerate approxt.&tely $200.000_,e~ year which could offaet. at the end of
two yeara. the additional $400.000 in .hort-tera borrowing for the Tennie
Cent.r develo,..nt. If the ,additional Recreation Impact Fee. were not
.ufficient durins the two-yea."""od to completely off.et the' original
borrowins. they could be transferred on an annual baei. to the General Fund
to off.et any annual debt .ervic. for the balanc.. that would have to be
borrow.d for th. 20-y.ar bond.
The City could alao look to off..t the $830.000 proj.ct co.t ae.ociat.d
with the Baat Atlantic Av.nu. improv.lUnta by n.gotiating with th.
Community Red.v.loplUnt Ag.ncy (CRA) to pay for the annual d.bt .ervic.
a..oci.t.d with th. $830.000. Thie would amount to approxt.&t.ly $92.000
p.r y.ar. Anoth.r pot.ntial of bet to the $830.000 E..t Atlantic Avenue
improvement. would b. to ..tabli.h a downtown tuinS diatrict wit" &a4-
......m.nt .g.in.t the prop.rtie. for. not only th..e improv.lUnta. but f
pot.nti.lly for all.y improvem.nt. .nd drainag.. '.
If th. full .xt.nt of th. financiel off..t for the T.nni. Center and Ea.t
Atlentic Av.nu. improvelUnt. were r.aliz.d. the net borrowins impact to the
General Fund would be reduc.d to a total borrowing of $3 million or an
annual d.bt ..rvic. of $330.000 which would .quate to a millage equivalent
of $.18 p.r $1.000 of a....s.d valu.tion.
RecOlllllUlndation:
At th.ir F.bruary 28th meeting, the City Commis.ion should consid.r th.
following recommendations:
1. Approve. conceptually. the Line of Credit Agreement drafted by Mudge.
Rose. Guthrie. Alexander and Ferdon. This language would be subject
to a review by the lending institution.
2. Con.id.r r.s.rving $500.000 of th. propo.ed Line of Cr.dit agr..lUnt
for pa~tial. fund ins of the downtown parking garage in the .v.nt the
City eo..t..ion. at a later dat.. d.cidu to proc.ed with the
conatruction of this garag.. Thi. would allow the City to etay within
the $la'.lllion bank qualified int.r..t provi.ion..
3. Formally appoint Mudge. Roe.. Guthri.. Alexander and F.rdon to .erve
a. bond coun.el for the $5 million Lin. of Credit and the p.ndinS
parkins garaS. borrowing.
4. Formally appoint D.an Witt.r Reynold. to ..rv. a. financial adVisor
for the $5 million revolving Line of Credit and the pend ins parkins
garage borrowing.
DMII/...
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MEMORANDUM
TO: Walter O. Barry, City Manager
FROM: ~Robert A. Barcinski, Asst. City Manager/Community Services
DATE: February 24, 1989
SUBJECT: Documentation - City Commission Meeting - February 28, 1989
Sponsorship - Carver Middle School Grant Application/Evening
Child Care Program
Action
City Commission is requested to approve sponsorship and filing of a grant
application by Carver l'dddle School for an Evening Child Care Program.
The amount of the grant is $140,740.
Background
Mr. Kent Heitman, Assistant Principal of Carver Middle School has
requested that the City sponsor their grant application to the Children's
Services Council for an Evening Child Care Program. The amount of the
grant is $140,740. Due to regulations, Carver cannot apply for the grant
on their own. They need the City to file the grant for them, and then
subcontract with the School System to run the program. The goals of this
programs are as follows:
1) To provide the parents or guardians of children who are Delray Beach
Residents with free evening child care in order to enable them
(parents) to pursue education and training.
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2) To increase opportunities of children ages 2 to 12 years old to
experience specific activities designed to foster growth in the areas
of learning and socialization.
3) To provide increased tutorial assistance with any assignment given to
the children during the regular school day.
4) To increase the amount of counseling received by parents in the areas
of parenting and career guidance.
This program will be housed at Banyan Creek Elementary School, ages 2-4;
Pine Grove Elementary, ages 5-7; Carver Middles School, ages 8-12.
Total program enrollment will be approximately 180 clients. This
application will not affect the City's application.
Recommendation
Staff recommends approval of sponsorship and application for an Evening
Child Care Program with the Community Education Department - Carver
__Middle School.
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CITY OF DELRAY BEACH
Evening Child Care Program
February 23, 1989
NARRATIVE:
HISTORY: BACKGROUNG STATEMENT AND PRIOR EXPERIENCE
The Delray ,Beach Parks and Recreation Department has been
offering full-time recreational services in the City of Delray
Beach for pver 25 years. These services include a comprehensive
recreational activities program for male and female participants
of pre-school age through senior citizens, a variety of
facilities providing a number of different recreational
activities for all groups; and a sophisticated parks maintenance
program to provide a high level of maintenance quality at all
its' facilities. The Department derives it's sources with over
90% of the financial resources being generated from ad valorem
taxes. Other funding sources include, Palm Beach County School
Board through its' community Education Department, recreational
impact fees, Beach Restoration Funds, After-school Child Care
Grant, and period really miscellaneous state and Federal grants. .;
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The Department's recreational activities more recently have ,..
focused around youth activities and in particular the after-
school needs of the many unsupervised school-age Children. The ,
ci ty currently provides for approximately 300 children at three
centers with funds provided by a Children Services Council Grant.
Currently the City of Delray Beach is focusing on assisting
single parents and low socio-economic married couples with
children by proposing an evening child care program that is
intended to provide continued enrichment experiences for children
during the evening hours of 5:00-l0:00 p.m. while enabling the
parents to pursue further education and job training.
PROBLEM DESCRIPTION:
At present there are many families in Delray Beach (single
parent and traditional) where the parents have dropped out of
high school or have not pursued their educations in any
meaningful way beyond high school. These individuals most often
belong to the low socio-economic group. The lack of education
and training of the parents directly impacts the lives of their
children. Often parents are unable to provide adequately for
their children in a material sense. It has also been noted that
children who live in families that are termed "low socio-
economic" are more likely to suffer from abuse. The children
living in these families also often experience a cycle of failure
at school due to the lack of guidance on the part of the parents.
The CSC Funding Priority Problem addressed by the Delray Beach
Evening Child Care Program is Group I Funding Priorities 5.
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Delray Beach.
Evening Child Care Program
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Problem: Some parents in Palm Beach County are unable to find
affordable daycare (evening care) for their children. This is
particularly a problem for young families with children between
the ages of two and four and for families with children who have
special needs.
The Delray Beach Evening Child Care Program also addresses CSC
Group I Funding Priorities 6.
Problem: Some parents in Palm Beach County are unable to find
daycare at an acceptable level of quality for their children.
This is particularly a problem for lower income parents. Some
parents do not know how to judge the quality of a daycare center.
Others cite problems related to too many children per care giver
and to staff qualifications and training.
One group of children who are at risk in terms of this program
are the children living in single parent homes. The Market
Opinion Research Survey, used by the Palm Beach County Post Times
Newspaper, the Area Planning Board, and other publications, ,
organizations and agencies in the county, report that over sixty-
six percent (66%) of the women in this county are divorced, ,
separated or widowed. Over 16,000 households have female single
parents as heads of households (specific figures for Delray area
needed by time of proposal). Of these figures, fifty-two percent
(52%) are female heads of households who are under thirty-five
years, women working the twenty to thirty-five age range has
increased from approximately thirty-five percent (35%) to seventy
percent (70%) . Poverty has increasingly become a women's issue.
Of families headed by women, thirty-six percent (36%) are below
the poverty line compared to seven percent .. (7%) of married
couples. According to the Department of Labor Job Services
Publications and Reports, May 1987, for Palm Beach County, the
poverty income levels are $9,300 for a family of three and
$11,200 for a family of four. Most of the jobs in the Delray
Beach area will continue to be in the service sector the retail
trade area,; or agriculture which pay in the range of three
dollars and sixty-five cents to five dollars per hour. These
kinds of jobs are plentiful but cannot support a single parent
family.
Another target group is children of married couples living below
the poverty level (7.0 of all married couple families in Palm
Beach County). Figures for Delray Beach have not been secured.
The Evening Child Care Program will also target children living
in single parent households headed by men.
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Delray Beach
Evening Child Care Program
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Other groups where children are at risk (in terms of the Evening
Child Care Program) include children living in households where
one or both parents have dropped out of high school, or one or
both parents are working jobs at or near the minimum wage.
Many of the children live in the areas of Delray Beach
surrounding Pine Grove Elementary , S.D. Spady Elementary and
Carver Community Middle School The Delray Evening Child Care
Program will serve all residents of Delray Beach who meet the
stated criteria for admission into the program on a first come
first serve basis.
The goals of the Delray Beach Evening Child Care Program are as
follows:
(l) To provide parents or guardians of children who are
Delray Beach residents with free evening child care in order to ,
enable them (the parents) to pursue education and training.
( 2) To increase the opportunities of children ages 2 to 12 ,
years old to experience specific activities designed to foster
growth in the areas of learning and socialization.
( 3 ) To provide increased tutorial assistance with any
assignment given to the children during the regular school day.
(4 ) To increase the amount of counseling received by
parents in the areas of parenting and career guidance.
OUTCOME OBJECTIVES:
Objective #1: The Delray Beach Evening Child Care Program will
increase the number of parents taking courses to improve their
education d4ring evening hours while proviaing quality child
care for their children.
Objective #2: The Delray Beach Evening Child Care Program will
increase the opportunities of children to experience specific
activities to foster growth in the areas of learning and
specialization thereby improving their conduct and academic
performance at school and in the home.
Objective #3: The Delray Beach Evening Child Care Program will
improve the performance of the children in school subjects and
the overall learning process through group and tutorial sessions.
Objective #4: Parents' knowledge of proper approaches to
parenting will improve as a result of the counseling they receive
in this program, as well as parenting courses they attend.
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Delray Beach
Evening Child Care Program
Page 4
Objectives 115,: Parents will make better educational and career
choices as a direct result of the counseling they receive. This
will improve the quality of family life for the children.
DESCRIPTION - OF SERVICES:
A. The Delray Beach Evening Child Care Program will provide the
following services to meet the program's goals and
Objectives.
(1) Provide child care during the hours of 5:00-10:00 p.m.
parents who are residents of the City of Delray Beach
and are pursuing a course of education or job training.
( 2 ) Structured act.ivities that provide growth experiences in
learning and socialization. Including outdoor game
activities, reading instruction, critical thinking ;
exercises for all ages and group art projects. ,
(3 ) Tutorial assistance for all ages utilizing staff .
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( 4 ) Counseling for parents focusing on education and ,
parenting.
AVAILABILITY:
The Delray Beach Evening Child Care Program will be housed at the
sites listed below. The site a child attends will depend on the
age group he or she is in.
(1) Banyan Creek Elementary
Age Group: 2 to 4
(2) Pine Grove Elementary
Age Group: 5 to 7
(3) Carver Community Middle
Age Group: 8 to 12
( 4) Spady Elementary will be an alternate site.
ACCESSIBILITY:
The proposed program does not specifically address the special
needs of any clients other than providing for physical
accessibility for the handicapped at the three centers.
CLIENT, ELIGIBILITY CRITERIA:
The criteria for client eligibility is as follows:
(1) They must be residents of the City of Delray.
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Delray Beach
Child Care Program
Page 5
( 2 ) The clients must be able to provide proof that he/she is
attending one of the following:
-ABE or GED program (Adult Basic Education or Graduate
~quivalency Diploma)
-ESOL Program (English for Speakers of Others
Languages)
-Adult Education Vocational Courses
-College or University courses
-Job skill training courses from other institutions
-Programs offered by the City of Delray Beach
( 3 ) Clients must be between the ages of 2 (toilet trained)
and 12 years of age.
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CLIENT PRIORITIZATION: j
Clients will be prioritized on the basis of financial need. ,-
Those existing at or below the poverty level based on figures
included in this proposal will receive priority consideration. ,
All others will be enrolled in the program on a first come, first
served basis.
PARENTAL INVOLVEMENT:
Parents will receive the direct benefit of educational and career
counseling and well as counseling in the area parenting. Parents
will be encouraged to attend adult education classes in
parenting. Parents may be solicited to volunteer as assistants
in the operation of the program.
SERVICE FEES:
Generally, there will be no program fees. In. ,some cases special
activities may require a nominal surcharge that participants will
be responsible for. Proper notification will be rendered in
these instances.
GRIEVANCE PROCEDURES:
Grievance and complaints from participants and/or participants'
parents will'be addressed first by the Evening Child Care Center
supervisor. If any additional issues need to be resolved they
will be addressed by the Evening Child Care Program Director and
the Assistant Director of Parks and Recreation. Final decisions
will be rendered by the City Manager.
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Delray Beach
Evening Child Care Program
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PROGRAM OPERATION
In implementing the CSC Grant for the Delray Beach Evening Child
Care Program fiscal and administrative control will remain with
the City OI Delray Beach. The Assistant Director for Parks and
Recreation will act as the director for the program. The
responsibilities of the Evening Child Care Director are as
follows:
( 1 ) Monitor the expenditure of grant tunds
( 2 ) Monitor payroll
( 3 ) Monitor personnel
( 4 ) Evaluate the effectiveness of the Delray Beach Evening
Child Care Program/implement needed changes in program
procedure and operation ,;
(5 ) Mediate grievances j
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CONTRACTUAL AGREEMENTS ,
The City of Delray Beach will contract Carver Community school to
provide the services listed in the grant proposal. The
Assistant Principal for Carver Community School will act as the
immediate supervisor of the three centers in operation. No
compensation will be necessary for this service. The program
supervisor will be responsible for the following:
( 1 ) Hire and terminate personnel
( 2 ) Provide HRS Child Care Certification for the training
of new personnel
( 3 ) Monitor the program at each site
( 4 ) Issue the payroll to the Program Director
( 5 ) Recommend expenditure to the program director
( 6 ) Supervise each center Activities Leader
(7) Handle grievances
(8) Employee problems
(9) Recommend changes in procedure and operation tot he
Program Director
CENTER OPERATION
Each center will have an Activities Leader responsible for the
operation of the Evening Child Care Center. The Activities
Leader will be compensated at the rate of $9.00 per hour.
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Delray Beach
Evening Child Care Program
Page 7
Each center will also employe three instructional aides at the
rate of $5.50 to $6.00 per hour. Additional staff may be added
when needed. Volunteer help will be encouraged.
CENTER TEACHER/CHILD RATIO
The teacher/child ratios will be as follows at the program
centers:
(1) 2-3 years old: l/teacher to 12/children
(2) 5-7 years old: l/teacher to IS/children
( 3 ) 8-12 years old: l/teacher to 20/children
NUMBER OF CLIENTS SERVED .;
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Each center will serve between 40-60 clients. Total program ,-
enrollment will be between 120-l80.
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DELRAY EVENING CHILD CARE PROGRAM BUDGET
TOTAL CSC FUNDS REQUESTED
TOTAL PROGRAM BUDGET $140.740.00
CSC OF TOTAL BUDGET
TOTAL AGENCY BUDGET
PROJECTED SALARIES:
(A) Center Activities Leaders (3) 35.100.00
(B) Center Counselors (2) 6.240.00
(C) Instructional Aide (12) 85.800.00
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TOTAL SALARIES 127.140.00
PROJECTED EXPENDITURES
(Start Up Costs) ,
(A) Forms/Letters to parents/
Postage/Advertistment l.500.00
(B) Equipment
($4,000.00 per site) l2.000.00
TOTAL 13.000.00
*** Additional costs if portables are needed will be added to the
bUdget. The School Board has been contacted for use of
portables.
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CARVLJ.{ COMMUNITY MIL..JLE SCHOOL ,
301 S.W. 14th Avenue
DELRA Y BEACH, FLORIDA 33444
Telephone (407) 243-1566
KELLY E. BROWN, JR. KENT A, HEITMAN
Principal 1\' .. /. '., _ ' , " ....sisr"'" Principal
4. ~IV"'"
".., ". t-' fOr C""""""iry Edut:arion
February 6, 1989 FE87 1989
- CITY MAriAGtR'S OFfICE
Mr. Walter Berry, City Manager
City of Delray Beach
100 NW 1st Avenue
Delray Beach, FL 33444
Dear Mr. Berry:
Carver Community Middle School is in the process of submitting a
grant proposal to the Children's Services Council of Palm Beach
County. Linda Santell of the ChLldren's Services Council has
indicated that Carver will need a sponsor in order to submit the 1
grant within the guidelines set forth by the council. It is our ,.
hope that the City of Delray Beach will act as the sponsor of
this worthwhile grant. _'_
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The grand will focus on the funding of a free evening child care
program to be offered to all parents and guardians residing in
Delray Beach who are attempting to further their education. The
Evening Child Care Program will serve parents who are taking part
in programs offered by Palm Beach County Adult and Continuing
Education, the City of Delray Beach, local colleges, and other
training institutions. Parents taking advantage of this service
will be required to provide documentation that will verify their
enrollment in an educational program meeting the requirements
determined by the Evening Child Care Program.
Under the guidelines for the Children's Services Council grant
the City of Delray Beach would be the primary submitting agency.
In turn the City of Delray would be able to subcontract to a
second agency (Carver Community Middle School) to provide the
Evening Child Care Program. The City of Delray would retain
fiscal and administrative control of the program. Fiscal control
would include full right of audit and the handling of
expenditures. The City of Delray would retain administrative
control in the sense that the city would have the right to
monitor the Evening Child Care Program making changes in
operational procedure and personnel where they are deemed
r DULT &
OMMUNITY
DUCATION
Of "~M.'IAC"COUNtT
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Mr. Walter Berry, City Manager
February 6, 1989
Page 2
necessary. The City of Delray's sponsorship of this grant would
not set a precedent. Linda Santell indicated there is already an
existing grant involving a subcontrac~ing agreement. Any
subcontracts must be submitted with the grant proposal.
I want to 'thank you and the City of Delray Beach for considering
sponsorship of this grant. The City's acceptance of sponsorship
would continue the tradition of cooperative effort with Carver
Community Middle School. We look forward to your response.
Respectfully yours,
::J:16ii:"'i".nt Peineip", ,
COMMUNITY EDUCATION DEPARTMENT j
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CHANGE ORDER
No. 1
Dated 2-14-89 ,198~
Project No. HnmPlJoon ROll 1 @v1iTiI - T.anrh::r.:apinp
Project Name: Pro1ect # 333103. Bid #88-109 . PO # 106985
Owner: City of Delray Beach, Florida .
Contractor: Jara Landscaping Company
Contract Date: November 22, 1988
To: George Cyphers, Jara Landscaping , Contractor
You are directed to make the following changes in the subject contract:
1. Provide an additional 170 Cubic Yards of fill. $8.40/c.y. - $1,428.00
2. Provide an additional Shady Lady Black Olive for the median closest to LI)wson Boulevard.
$210.65
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which changes are more specifically described in the, attached amended plans, drawings, and
specifications. ..
The reason for the change is as follows: 1. Increase J.n heiaht of curbine from 6" to 8"
necessitates additional fill to brin2 the 2rade flush with the curb after sod installatio
2. Aestheticallv more balanced to provide additional tree.
The contract price and contract time shall be adjusted because of such changes as follows:
A. Contract Price
1. Contract price prior to this change order: $", nR~ nn
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CHANGE ORDER I ~ - HOmewood Boulevard - Landscaping
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2. Net increase resulting from this change order: $1.638.65
3. Current contract price including this change order: $23.723.65
B. Contract Time
1. Contract time prior to this change order: 90 calendar days
2. Net increase resulting from this change order: none
3. Current contract time including this change order: 90 days 11-30-88 - 2-30-89
City of Delray Beach, Florida, OWNER
By:
Attest:
City Clerk
City of Delray Beach
Approved as to form:
City Attorney
The above changes are accepted on , 198_. I understand that all the
provisions of the Contract Document related to Project No. which are not
inconsistent with the terms of this Change Order shall remain in effect and apply to all work
undertaken pursuant to this Change Order.
Witness:
, CONTRACTOR
By:
As to Contractor Title
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JARA LANDSCAPINC COMPANY
1878-C S.W. Second Street
Delray Beach, FL 33445
272-3503 ' 737-6360
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Feb. 6, 1989
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City of Delray Beach
100 N.W. lst Avenue
Delray Beach, FL 33444
Att: Nancy,Davila, City Horticulturist
Re: Homewood Blvd.
Per our telephone conversation of 2/6/89, 'this is to advise you
that to add an extra 2 inches of fill to the islands on Homewood
Blvd. will require ,approximately 170 cubic ,yards +/_ .
Cost: $ 8.40 per yard....~.........~...........$.1,428.00
Thank you.
Sincerely, .
o/'~C7G
George W. Cypher
Jara Landscaping
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Member Florida Associated Nurserymen. Inc. and Florida Nurserymen and Crowers Association, Inc.
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MEMORANDUM
TO: Walter O. Barry, City Manager
FROM: ~Robert A. Barcinski, Asst. City Manager/Community Services
DATE: February 21, 1989
SUBJECT: Documentation - City Commission Meeting - February 21, 1989
Approval of Change Orders 1&2--Barwick Park Improvement Project
Action
City Commission is requested to approve Change Orders 1 & 2 - Barwick
Park Improvement Project in the amount of $927.00, with the funding to
come from account #117-4165-572-60.69.
Background
City Commission approved a contract with James Bushouse & Associates on
11/8/88, for the construction of restrooms, the entranceway, and Park
Center at Barwick Park in the amount of $97,522.00. Change Order #1 is
to install two (2) additional 12"x8" reinforced concrete columns in the
restroom building as required by the building department; $480.00.
Change Order #2 is to increase the size of the restroom septic tank from
750 gallons to 900 gallons; $347.00. The Change Orders have been
approved and are recommended by the architect.
Recommendation
Staff recommends approval of Change Orders 1 & 2 to the James Bushouse
Contract for Barwick Park Improvements in the amount of $927.00, with the
funding to come from account #117-4165-572-60.69.
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RECEIVED
MEMORANDUM
fEB1 0 S9
COMMUNITY SERVICE
TO: Bob Barcinski
Assistant City Manager/Community Services
FROM: J~ Weldon Y
Director of Parks & Recreation
RE: CHANGE ORDER - BARWICK PARK
DATE: February lO, 1989
Attached is a change order for Barwick Park for four hundred
eighty dollars ($480.00). Although the plans were approved by
the Building Department, an inspector indicated there was a need
for two (2) reinforced concrete columns in the restroom. The
original contract amount was ninety-seven thousand, five hundred
twenty-two dollars ($97,522.00) and the project is about
twenty-five percent (25%) completed.
Please initial and return.
JW:jh
Ref: JW096
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CHANGE OWNER 0
ARCHITECT 8
ORDER CONTRACTOR
FiElD 0
AlA DOCUMENT G701 OTHER .
CHANGE ORDER NUMBER: 1 ' .
PROJECT: 8ARW1C~ 'PA~" PI-\4SE 1JZ'
(name. address) 755 ~AQWI~ Rei.
;[)'E"L~~"1 ~ " FL
TO (Contraclor)
r \JAMES ~I\Ol.)SE t .A,~~"l ARCHITECT'S PROJECT NO: t!>ID NO. 5'0-97
zasc> HAMlV\bN[)VllL~ e.L CONTRACT FOR: AOO\T10..:l5 \0
'P6M'P-Alo.:)o Bc.~') l='L 530f.~ ~W\c.loo\ 'PA.'tK l>HASE."DI
.
L ..J CONTRACT DATE: 11- 8 - 88
You are directed to make the following changes in this Contract:
:DV 5T.00.u... loz.) IW 0 A1l01\.o"",4L \Z.x S' ~~11I()1="02c~J:D C,oJ.::lC2ETE
CoLl:>AAJ.:ls @! 'J>A~~ C.E~'n:R,. RpSTK60""'-. BLri~., I\s eE'~O\ec=n
by ~e CI~ Of=' l)EI PAoL' ~\\ ~'L.Ot, V~"'} ~6T SHoWtJ
T
,
b'" O~\,,\' ('CrOo.)Te,A-=- .. 1'L.Ao,JS .
The original Contract Sum was . '.' . $ ~1, 5't'Z.. ,00
Net change by previous Change Orde,s . . $ 0
The Contract Sum prior to this Change Order was. . $ 97.52'2 . co
The Conlract Sum will be (increased) (deertilitlt) (uRehIFl8!iI) by this Change Order. . $ 480, 00
lhe new Contract Sum including this Change Order will be . . $ 99,002 . co
The Contract Time will be (increased) (cleliFeu,") (vREkaRsetl) by ( :5 ) Days.
lhe Date of Completion as of the date ollhis Change Orde, therefore is .3-11-8$
ROY M. SIMON, AIA GITY OF DET.RIIY BF.IIC':H
A1C~HCT CONTRA~& ~~'tYNMv
ONE 5th Ave. , #A-2 'SfJltll.~ 1st Avenue
Address Address Addrell
De~.Oh' FL 33483 2.'5090 144""'--~LLZ"'" Delray Beach, FL 33444
By-PJ2A -
BY Ih)L- -' BY
DATE z. ~'8f DATE t...-V -" ~ DATE
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"'" DOCUMENT C701 . CH"NCE OIDU . "Pl'l 1970 EDITION . AI"e . Cl 1970 . TIlE ON! P"CE
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ENGINEERING DEPARTMENT
M E M 0 RAN DUM
TO: WALTER O. BARRY
CITY MANAGER
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THROUGH: FRANK SPENCE . I .,
DIRECTOR DEVELOPM T SERVICES
FROM: fr~ GERALD B. CHURCH, P.E.
CITY ENGINEER
DATE: FEBRUARY 13, 1989
SUBJECT: METROPOLITAN PLANNING ORGANIZATION
TECHNICAL ADVISORY COMMITTEE MEMBER
FOR CITY OF DEL RAY BEACH
I have served as the City's Representative on the Technical
Advisory Committee for the County's Metropolitan Planning
Organization. The committee's purpose is to review and develop
long-range plans for the transportation system in Palm Beach
County.
The City of Delray Beach is eligible to have one representative
who should have credentials in engineering and transportation.
Since I am leaving the City it would be in order for Mr. Gates
Castle to be designated the Representative for the City of
Delray Beach on the Technical Advisory Committee. This may
be accomplished by a motion by the City Commission. A
Commission Agenda Request form it attached.
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MEMORANDUM
TO: WALTER O. BARRY - CITY MANAGER ~
THRU: FRANK R. SPENCE - DIRECTOR, ~OPM NT SERVICES
FROM: LULA BUTLER - DIRECTOR, COMMUNITY IMPROVEMENT ~
SUBJECT: TEMPORARY TENTS - CITY COMMISSION MEETING 2/28/89
DELRAY HARBOR CLUB-
DATE: FEBRUARY 2l, 1989
We have had a request for 8 temporary tents for the Delray Harbor
Club, l035 S. Federal Highway, for the purpose of an auction to
be held on March l8, 1989; tents will be erected from March l6,
1989 - March 20, 1989.
All necessary approvals from the Building Division and Fire
Department have been obtained and are submitted in accordance
with City Code of Ordinance, Chapter 150.l00.
Staff recommends approval of the permits as requested by the
applicant. Required documentation is attached.
LB:DQ
Attachments
Gold Coast Tents - Plan Ck 2/9/89-20
D/5
A:Tent.CC
_.
30
CITY OF DELRAY BEACH
Building Inspection Division
PLEASE PRINT ALL INFORMATION APPLICATION FOR BUILDING PERMIT
DEPARTMENTAL USE ONLY
1 I :L' '-11.3 4 I (. ') I J; I lJ.1 ().. I rJ I 0 I () I I I I Permit No. Dlte
CITY I RG TWP SEC I SUBD I BLOCK I LOT
IMPORTANT - Applicant to complele ALL ilems, Mark where applicable, Plln Ck,N 90.. Dete
I LOCATION Number & Street . ""\ _ _ ~ _ , ~
. 1035 South Federal H1ghway v( aT ~
OF Lot No. I Block I Section/Subdivision Park II: Aec Fee Date
BUILDING DELRAY HARBOR CLUB
A. TYPE OF IMPROVEMENT . C, TYPE OF CONSTRUCTION
. f Roed Impact Fee Date
1. o New Structure h. o Foundation Only Sett1ng Up 0 temporary
2 o Add' , canopies - see exhibits
. Itlon
, attached
3. DAlteratlon TOTAL FEE
... 0 Repair
5 ODemolition PLAN CK fEE
6. 0 Moving (reIOCltlan)
7, mOther Temporarv Canopies D. TYPE OF SEWAGE DISPOSAL BALANCE FEE
B. PROPOSED USE I.. 1. .BI Public Public Utilities
. , I 2. 0 PriVllte (septic tIInk. etc.1
(For demolition show mOlt recent use
RESIDENTIAL E. TYPE OF WATER SUPPLY Slgnlture
1. DOne - family tlnc. Semi-dttlChed, row, town) 1. ~ Public or Privately owned company "onlng Date
2. o Two or more family 2.0 Individual, well, cistern ..
No. of dwelling units
3 O Transient hotel motet-or dormitory F. TYPE OF MECHANICAL Signature
. . Date
4. DGarage AIR CONDITIONING "Ianning (Site Plan,
5. oCarport 1. 0 Central-elec. 2. 0 Central1J1S
6. 0 Mobile Homes 3. 0 Individual room air conditioner S'
Ignature
7. 0 Other' Specify 4.~ None e
t:ngineering
NON-RESIDENTIAL G. 0 ELEVATORlsJ 0 ESCALATOR
8. o Amusement, recreational Ent mber 10 1 2 ItC. N/A
. . er nu . .. . Signature
9. 0 Church, other Rehglous
O H. NO. OF OFF STREET PARKING SPACES F. O~Pt
10. Industria' Ire .
11.0 P.rkinggarege Enclosed Outdoors /t'l/<,"~;..... a ""~
12. 0 Se",ice Station. Repllr Glrlge I. DIMENSIONS s~ure / ~~/&1'
13. 0 Hospital, Institutional A. Plan Square Feet SEE ATTACHED Da(1'!
14. D Office, Sank, Profeniona' B. No. Stories Sldg. UlIPt.
15. 0 Public Utility C. Bldg. Height
16. 0 School Signature
~. COST IEs1lmll11J
17.0 Stores, Mercantile , CAB
lB, 0 Tlnks, Towe.. COST OF BUILDING OR IMPROVEMENT
19, EI Other _ Specily Auction to be held on
March 18. '1989 at 1:00 P.M. Rental $750.00 SlgnllUre
dates are March 16 - March 20, 198 ~ o.
ISL~G l F ICIAL
Flood Zone K. Bd of Adj. (if applicable) . e /'1. ~ ,^ n . /
, Pe;!.!ion # SignltureU '1-/I"/../,4.!!L
Enterprise Zone 0 (0) LL.-
Description of Work: Temporary erection of.Jt:anopies for the purpose ot 0101ng an auction on
l-h", premises. boll.. APM27 ",f'iAJ7" rlii;loA.S "'.. '1"-" ~.It-- ...., l.v ..pe-.., ""C:~ILI-'A7E
f-'" s: 1"1"'''''' DIO'-"o....., I)VRI"~ "'UCT,olol. .
Size of lot: Width feet. Depth feet. Area Height of bldg (to highest
**SEElBXHIBITS ATTACHED
point of roof) feet. Setback from propertv line: Front feet. Rear feet. Side yard feet
Side yard feet. ZONING DISTRICT Occ. Use
Name Mailingaddress'number, SIreet. city. andSlale Zip Code Tel. No.
Owner DELRAY HARBOR CLUB c/o Delray Harbor Club, 1035 South Feder 1
ASSOCIATION, INC. HighwaYr Delray Beacn, ~~ 33483. 278-0331
Cont~~or GOLDCOAST TENTS P.O. Box 22537, Ft. Lauderdaler FL 33335 462-7074
Cert of Comp, No.
Archite~ N/A N/A N/A
Engineer Slale Reg. No,
PLEASE SEE SHEET 2 FOR LISTING SUBCONTRACTORS (if applicable). ALLsubcontllctors must come in to the Building
j Department and .ign up as the subcontractor lor elch project. They must also bring with them the cOrrect plan check number ISlued
to the general contrector.
"'reby certify that I have the authority to make the foregoing application, that the application is correct, and thaI construction will
.... t~egulatio In the Building Code, Zoning Ordinance and other provisions of the codes of Palm Beach County and the City
'~Vch.
.,
;. Contractor's Registlltion number Is)
8LDG 3C1 White - File I Green. File I Yellow, County I Pink. County I Gold. Customer
[11'1'1 Of DELD"Y UEn[H
100 N.W. 151 AVENUE . DELRAY BEACH. FlOIHl)A33444 . 305/243,7000
February 23, 1989
Mr. Louis M. Kraft, President
Delray Harbor Club Asso., Inc.
l035 S. Federal Hi<;Jhway
Delray Beach, FL 33483
Re: March l8, 1989 Auction - PC' 2/9/89-20
Dear Mr. Kraft: , ,
Your request for approval for the 8 tents for March l8, 1989 has
been scheduled for the February 28, 1989 City Commission meeting.
This letter is to inform you that approval for the tents is for
the purpose of holding an auction on 3/l8/89 in connection with
the sale of various units at the Delray Harbor Club only and does
not include the sale of any merchandise, i.e., boats, etc.
We understand that Goldcoast Tents is the contractor for this job
and will be representing you at the Commission meeting. If you
have any questions, please contact us at 243-7203.
Sincerely,
1 ~~ -..,
- ~
Butler - Director
I
I Improvement
LB:DQ
cc: Frank R. Spence, Director, Dev. Services
"'
-'
THE EFFORT ALWAYS MATTERS
.
DELRAY HARBOR CLUB ASSOCIATION, INC.
1035 South Federal Highway
Oelray Beach, Florida 33483
February 8, 1989
City of Oelray Beach
Building Department
lOO N.W. lst Avenue
Oelray Beach, Florida 33444
Dear Sir or Madam:
The purpose of th1S letter is to inform the City of our approval
to allow Goldcoast Tents, Inc., to erect temporary canopies for
the purpose of holding an auction in connection with the sale of
various units at the Delray Harbor Club on March l8, 1989. We
have arranged for the tents to be erected on March 16, 1989, and
to be dismantled on March 20, 1989. .
These canopies will only be temporary and are necessary to
protect people from any inclement weather which may occur on the
day of the auction. We hereby authorize the law firm of Listick
& Steiner, P.A., to act on our behalf for the purpose of
obtaining the necessary permits from the City in connection with
the temporary erection of the canopies.
Very truly yours,
DELRAY HARBOR CLUB ASSOCIATION, INC.
MEMORANDUM
TO: WALTER O. BARRY - CITY MANA~
.~ .
THRU: FRANK R. SPENCE - DIRECTOR, EVELOPMENT SERVICES
FROM: LULA BUTLER - DIRECTOR, COMMUNITY IMPROVEMENT IJ2;
SUBJECT: TEMPORARY TENT - CITY COMMISSION MEETING 2/28/89
SHERWOOD HONDA - ----
DATE: FEBRUARY 2l, 1989
We have had a request for a temporary tent for Sherwood Honda,
3000 S. Federal Highway from March l7, 1989 - April 3, 1989.
All necessary approvals from the Building Division and Fire
Department have been obtained and are submitted in accordance
with City Code of Ordinance, Chapter lSO.lOO.
Staff recommends approval of the permits as requested by the
applicant. Required documentation is attached.
LB:DQ
Attachments
Gold Coast Tents - Plan Ck 2/l4/89-S
D/S
A:Tent.CC
-
3\
CITY OF DELRAY BEACH
PLEASE PRINT ALL INFORMATION Building Inspection Division
APPLICATION FOR BUILDING PERMIT
OEPARTMENTAL USE ONLY
/ C) Permit No. 0...
PIO~k~7Y_Fl_S Date
I. LOCATION
OF IL Park 8. Ree Fee Date
BUILOING
A. TYPE OF IMPROVEMENT C. TYPE OF CONSTRUCTION
Road Impact Fee O.t.
1. DNew Structure h. 0 FoundBtion Only
2. DAddition
3. DAlter.tion TOTAL FEE
4. o Repair
5 DOemolitlon PLAN CK FEE
6. 0 Moving (relocetion) BALANCE FEE
7.1I0th.r D. TVPE OF SEWAGE DISPOSAL
PROPOSED USE '-. 1. o Public Public Utilities
B. 2. 0 PriVllt. (septic tank, ete.l
(FOf" demolition show mOlt recent use)
RESIDENTIAL E. TYPE OF WATER SUPPLY Signature
1. DOne. familv (Inc. Semi-detlChed, row, town) Date
,. 0 Public or Priwtely owned camp'MY DOlOg
2. 0 Two or more family 2. 0 Individual, well, cistern .
No. of dwelling units
3. OTtensi.nt hotel, motel or dormitory F. TYPE OF MECHANICAL Signature
Date
4. OG.rage AIR CONDITIONING lanning Site Plan
5. DCo'Po" 1. 0 Centrll-elec. 2. 0 Centr.11Ils
6. 0 Mobile Homes 3. 0 Individu.r room ait conditioner Signature
7. COther - Specifv 4. 0 None t.
Engineering
NON-RESIDENTIAL G. 0 ELEVATOR b) o ESCALATOR
S. 0 Amusement, rel;re.tion.1 Enter number fO, 1.2. etcJ
9. o Church, other Religious Signature
H. NO. OF OFF STREET PARKING SPACES
10. D Industri.1
11. 0 Parking garage Enclosed Outdoors
12. 0 Service St.tion, Repeir Garage I. DIMENSIONS .:,
13. D Hospit." Institutional A. Plan Square Feet O.
14. D Office, Senk, Profellion.1 Idg. opt.
B. No. Stories
16. 0 Public Utility . C. Bldg. Height
16. 0 School J. COST IEstlmatol Signature
17. D Stores, Mercantile I CAB
18. 0 Tonia. Tower> ~. ~~npi COSJF B;'LD~~ I~;EMENT Sign.ture
19)(Othruil~ ~ t.
- Ie
Flood Zone K. Bd of Adj. (if applicable)
, Petition .
-
feet. Depth feet. Area
point of roof) feet. Setback from property line: Front feet. Rear feet. Side yard feet
Side yard feet. ZONING DISTRICT Oce. Use
Name Mailing address. number. street. city. and state Zip Code Tel. No.
Owner 11-'00 -
Contractor Lll,2.-
'101
Architect
Engineer State Reg. No.
PLEASE SEE SHEET 2 FOR LISTING SUBCONTRACTORS (if applicablel. ALL subcontractors must come in to the Building
Department and sign up IS the subcontractor lor each project. Thev must also bring with them the correct plan check number issued
to the general contrlCtor.
the authority to make the foregoing application. that the application is correct, and that construction will
t B i1ding Coda, Zoning Ordinance and other provisions of the codes of Palm Beach County and the City
Signat lor Owner Contractor's Registration number (sl
BLDG 300 White. File / Green. File / Yellow. County I Pink. County I Gold. Customer
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MEMORANDUM
TO: Walter O. Barry, City Manager
FROM: John W. Elliott, Jr., Assistant City Manager/ :r: 1)/.&. (i~
Management Services
DATE: February 23, 1989
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
FEBRUARY 28, 1989 - CITY AUCTION
Item Before City Commission:
City Commission is requested to grant permission to the Purchasing
Department to conduct an auction of personal property, in compliance with
State Statute and City Ordinance, and to renew contract with Jim Graham,
Auctioneers. Tentative date for this Auction is April 8, 1989, at 10:00
a.m., in the Public Works Complex area.
Background:
The following is a breakdown of items on the attached list:
City Personal Property:
11 - Automobiles
2 - Trucks
1 - Bus
Various old office furniture and equipment.
Various old pumps and meters.
Various old mowing and trimming equipment.
Miscellaneous old items.
Lost, Stolen or Abandoned Property - from Police Department:
72 - Bicycles
Miscellaneous: Jewelry, tools, radios, stereos, televisions, clothing,
sporting equipment, automotive parts and equipment, small kitchen
appliances, bedding items.
Recommendation:
-~
It is recommended that City Commission give permission to the Purchasing
Department to conduct an auction to sell these obsolete and surplus items
to the highest bidder and that the contract with Jim Graham Auctioneers be
renewed for one additional year. This is in accordance with the City
Purchasing Ordinance, Section 36.03.
Mr. Graham has . agreed to hold firm his cost of only 2% commission for
conducting the auction.
JWE:sk
attachment
3"l---
.
M E M 0 RAN DUM
TO: John W. Elliott, Jr. , Assistant City Manager/
Management Services
FROM: Ted Glas, Purchasing Director
DATE: February 23, 1989
SUBJECT: City Auction
Attached is a list of personal property for the next City
Auction. Purchasing is requesting permission from the City
Commission to sell these obsolete and surplus items to the
highest bidder.
Following is a breakdown of items in the list:
City Personal Property
11 - Automobiles
2 - Trucks
1 - Bus
Various old office furniture & equipment
Various old pumps & meters
Various old mowing & trimming equipment
Miscellaneous old items
Lost. Stolen or Abandoned Property (From Police Deptl
72 - Bicycles
Miscellaneous: Jewelry, tools, radios, stereos,
televisions, clothing, sporting equipment,
automotive parts & equipment, small kitchen
appliances, bedding items
In addition, it is recommended that the contract with Jim
Graham Auctioneers be renewed for one additional year in
accordance with the City Purchasing Ordinance, Section
36.03. Mr. Graham has agreed to hold firm his cost of only
2% commission for conducting the auction. This price is
considered extremely fair and reasonable.
~ ~.Al4/
Ted Glas
Purchasing Director
Attachments:
List of Personal Property
-
pc Elizabeth Arnau, City Clerk
David Huddleston, Finance Director
..
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SURPLUS LISTING
FINANCE PARKS AND ~rn CCNl'.
Desk Organizer wjdividers Microph:me extensions
Electrahare Screen Micrq>b::me (2)
Casio Calculator Public Address anplifier
BlD'U'l CbffealBker 'lWo drawer file cabinet
Mr. Cbffee Maker 8 cup Secreta1:y desk
Casio Calculator 4" Fixtures (4)
Casio Calculator 8" Fixtures (20)
Data Binder Rack I.oveseat
Executive 01a:ir Black GE self clean iron
Secretarial Chair Brc:Mn IDbby chair five- seater
01a:ir wjfour prong and anrs Lobby Chair b;o seater (2)
01a:ir wjfour prong and anrs Stage curtains
IBM Typewriter Ceiling fans (2)
Desk organizer rack Stationazy office chair
File organizer rack SWivel office chair
CUshion folding chairs (30)
CITY MANAGER Wxxlen stools (8)
Glass bulletin board
Casio calculator Glass reader board
NCR word processor cxmputer Traverse rods
Floor Scrubber *00810
BUDGET Misc Office supplies
Convex mirror
Jogger Water oonversation rack
Thenn-a-bind machine Pickup truck. topper
Pallets of "z" good (approx 3 pallets)
BUILDING/roIlE ENFORCEMENT Interior wooden doors (3)
Nobili tracker llDunt hydraulic fork-lift
Sysgen Image 90 tape back-up unit 500 gallon storage tank
lbbie Cat sailboats (3)
FIRE Four trailers
Canopy fram; 8'xl5'
Sofa Black Dictating/transcribing system
Office Chair Misc. Playground EqW.IDEI1t
lbse washer Rollpac sod roller (2)
TinE Clock Power roller
TinE Clock rack Red rider truc:kster
Hydraulic hose Roller Brushes (2)
lidding Machine Barko clamshell loader
Radio Alert system Landscape rakes 114055 (2)
TinE clock Ford three-ooint hawn:ow disk
Radio Alert system Aluminum frarre lifeguard stands (4)
Radio Alert system
typewriter PL'\NNING AND ZCNING
Phonesjncni.tors
TinE clokc Office 01a:ir
Wire ~tal Folding 01a:ir
TinE clock
Al:m chair gray PUBLIC WJRKS
Reel to reel tape :reoorder-telE!fi1o.ne
Fletcher :recliner bzam (7) Office Desk
_ . Misc. office sUfPlies
PARKS AND ~rn Office chair mat
Chairarange
John Deere WeE"--ter (4) .15 volt battery charger (2)
Bd:lcat (9) Portable two-way radio (2)
Power Trim Edgers (5) Awle Catputer Plus II
X-nas Tree Miscellaneous 79' Ford Ltd door 10Ieatherstrip
'll1ree hole punch Misc. parts
Office Desk L-Shape Large tractor tire
'll1ree wheeler IlDtor bike Reliance 5 H.P. JIOtor
Beverage ice air ooller Baldor 2 H.P. JIOtor wjpulley (2)
6 foot table (2) Hydro-matic sul:rrersible
Zeni. th 19' tv Westinghouse IlDtor
Floor tiles 12xl2 Fan and IlDtor
Records (9) 3 H.P. JIOtor
Mi.= l2x22 (6) Desk and chair
Glass sliding doors (2) Fire Hose (10 rolls)
Realistic Stero receiver Sul:rrersi.ble pmp (2)
American flag U; sul:Jrersible pmp
Tw:n1:able Westinghouse IlDtor wj pulley
Audio Pagers (3)
- ,... .
(2)
PUBLIC UTILITES (CONTINUED) POLICE (CONTINUED)
Submersible Pump 1 H.P. Toaster Oven
13.5 EMU Submersible Pump Sony 10" Color TV
18.0 H.P. Flygt Sumersible Pump Sharp 19" TV
1 H.P. Gould Submerisble Pump Quasar 19" Black/WHite TV
Hydromatic Pump & Stand RCA 12" Color TV
25 H.P. EMU Submersible 3M Copier
2.2 H.P. Flygt Submersible Sharp 19" Black/White TV
PEC Submersible 5.4 H.P. Microwave
Crank Type Hand Pump Magnavox 19" TV
7.6 PEC Submersible Sylvania 19" TV
Two Turck Camper Tops 13" Philco TV
Space Heater
POLICE Bathmate Radio
VCR Panasonic
Brown Suit AM/FM W/Two Speakers
Orange/White Cooler Sony 19" Color TV
Miscellaneous Items Deep Fryer
Box Safe Answer Machine
Pelouze Platform Scale AM/FM Radio
30" Bolt Cutters Clock Radio
3 ft. Bolt Cutters York AM/FM Radio
Pictures Quasar 5" TV W/Radio
Travel Clock Pick Axe Wood Handle
Grey Jacket Bolt Cutters
Torsion Balance Scale Cooler
Ohaus Scale Turntable W/Two SPeakers
Triple Scale Jewelry, Earrings, Charms
Triple Scale Sanyo Radio W/Earphones
60 ft. Roll 3/8 Copper Tubing Sparkomatic 8-Track Adapt.
Wall Plaque Remington Elec. Shaver
Painting (Farm Scene) Sears AM/FM stereo
Four Fan Blades Casio Ladies Quartz Black
Red Metal Tool Box Mans Black Gold Face
Gray/Red Tool Box Charm W/Gold Trim
Red 2.5 Gallon Water Can Necklace Gold 18" (4)
Bullworker Exerciser Necklace Gold 17"
Wood Baseball Bat Necklace Gold 13"
Auto Axle Earrings Gold W/Post
Fishing Pole Pin Initials RCO
Wheel Lug Wrench (2) Audiovox AM/FM Cassette
Bumper Jack Red Floor Jack on Wheels
2" Waste Pipe Blue/Red Air Mattress
RCA TV 24" Blue/Gray Suitcase
IBM Typewriter II Skateboard
Microwave Oven World Traveler Shoulder Bag
Motorcycle Helmet Travel Gym Bag
AM/FM Stereo w/Cassette Handbag Black/White
Vanity Bag Sir Lawrence Travel Bag
Slap Hammer Set Gray Tool Box W/Assoted Tools
34" Alum. Baseball Bat Penn Craft Gray Tool Box
Long Handle Ax Red Tool Box W/Assorted Tools
Two Hammer, Wheel Lug Spectrum Radar Detector
Painting and Frame SR-AM/FM CaBsette Radio
Heater Ho~_ AM/FM Stereo Cassette Player
IBM ELec. Typewriter LXI Graphic Equalizer
Electric Typewriter Sharp Stereo Cassette Deck
Car Bumper Jack 2-E-78-14 FIres and Rims
Bus Radio PA Goodyear Truck Tire W/Rim
Invlaid Chair on Wheels Machette W/Case
Gas Power Mower Machette
Daiwa Fishing Reel Brief Attache Case
Jewelry & Change Purse Fisher Compact Disc Player
Albums and Records Wilson Tennis Racket
7exas Inst. Computer Green Valise
Bath Towels (10) Red Suitcase
Face Towels Cash Register Base
Yellow Chair (2) Floor Jack on WheelB
Binoculars Motorola B/W TV 19"
Cooler Elec Circular Saw
RCA 19" Color TV Gas 4" Hedge Cutter
Video Recorder Mikita Elecreic Planner
8 ft. Wind Surfboard (3) Saw Table W/Protractor
Sharp 19" Color TV Wood Jewelry Box
Sony 10" Black/White TV Mercedes Hub Cap
Lloyds 10" Black/White TV Sanyo Car Radio W/CaBsette
(3)
POLICE (CONTINUED) POLICE (CONTINUED)
Small Socket Set AM/FM Cassette Radio Sanyo
Tool Box W/Assorted Tools Tire Iron
Gas 4" Hedge Cutter Ball Peen Hammer
Scissor Jack Bundy Flute W/Case
Assorted Items Nippon America Car Radio
Chaus Tri-Beam Scale Bakosonic AM/FM Radio
Suitcase Multi-Colored Radar Detector
Brown Zippered Tote Bag Steam Iron
Hawaii Multi-Colored Gym Bag Dietetic Scale
Red 1 Gallon Gas Can Gym Bag
Computer Paper Goodyear Tim/Alum Rim (2)
8-Track Car Tape Player Transcriber 1000 Fascimile
Hydraulic Jack Small 16" Sylvania TV
Holley Carburetor (2) Two Drawer File Cabinet
Gas Can IBM Electric Typewriter #342
5 Gallon Gas Can Red IBM ELectric Typewriter #341
5 Gallon Gas Can Yellow 16" Toshiba TV
2 Gallon Gas Can Red Mink Jacket
5 Gallon Gas Can Flammable Machete Knife
2 Gallon Gas Can Yellow Laundry Basket
VCR Front Loader Fender Hammer
Ebonite Bowling Ball Thirty-One PCS. Dish & Cup Set
5 Gallon Gas Can Vise Grips
6 AMP Battery Charger 6" Saw Blade
SONY AM/FM Car Radio Smoker Ashtray
Travel Bag Brown Tire, WHeel Wrench
Cash Register Base Flashlight
Assorted Screens (5) Fisher AM/FM Cassette Radio
Kawasaki Dirt Bike Power Drill
Holley Carburetor Machete Knife
Car Bumper Jack Tire Iron
Pyramid Scanner 3 Ft. Tire Iron
Tapes. Music Albums Rubbermaid Cyclinder
Nippon Equal. Booster 18-8 S S Pot and Cover
Motorola AM?FM Cassette Cooking Pot 18-8
Sanyo AM/FM Car Radio Computer Books, Manuals
Azimuth Synthesizer 16 Pc. Tableware
Pioneer FM Stereo Cassette Machete Knife (2)
ELectric Hedge Cutter Tuppens Rod and Reel
Sanyo AM/FM Car Radio Toyota Wheel Wrench
Ford AM/FM Car Radio Tire Iron (2)
Stereo Cassette Tapes (14) Hand Saw 9"
Brinkman Metal Detector Ohaus Scale
19" Magnavox TV Cordless Vac
Tire W/Rim (20 AM/FM Cassette Radio
Royal Electric Typewriter Wrenches (2)
Tire Iron (2) Rubebrmaid Pitcher
Claw Hammer 20 pcs. plastic hangers
Truck Wheel Wrench Mixing Bowl
Four-Way Wheel Wrench Pot and Cover 1.5 QT.
Compact Disc Player 1 SE Disposals
Fire Extinguisher Fire Extinguisher
Markel Electric Heater AM?FM Cassette Radio
Igloo Cooler Blue Hand Saw
Bed Quilt- Stereo Equalizer
ToaBter Oven Red Floor Jack Hydr.
Computer File Cabinet Tire Iron
Computer Diskette File Box Skate Board
Hair Dryer by Conair Tie Cords
Suitcase Tan Toyota Appearance Kit
Waterbed Sheets (2) 1 SE DispoBal
Science Fiction Paperback Books Bicylces (72)
Pillows (3) Floor Safe (4)
Overnight Valise Adam Console Memory
Mattress Water Bed Adam Computer Printer
Mattress Pad IBM PC Monitor
Fire Extinguisher 55 Gallon Drum Hand Truck
Gas Blower Leaf Metal Secretary Desk 397
FiBher Cassette Player
Disc Stereo Tuner
Hair Styler
Screwdriver
Ohaus Triple Beam Scale (2)
FiBher Turntable
, .
,
,
.
RESOLUTION NO. 8-89
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
,I FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST
ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU-
II TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE
SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR
THE MAILING OF NOTICE.
WHEREAS, the Building Official or his designated representative
has, pursuant to Chapter 165, of the Code of Ordinances, declared the
existence of an unsafe building upon certain lots or parcels of land,
described in the list attached hereto and made a part hereof, for
violation of the building codes and building requirements adopted by
Chapter 165 and those Codes adopted in Chapter 96 of the Code of Ord-
inances; and,
WHEREAS, pursuant to Chapter 165, of the Code of Ordinances of
the City of Delray Beach, the Building Official or his designated
representative has inspected said land(s) and has determined that an
unsafe building existed in accordance with the standards set forth in
Chapter 165 and/or Chapter 96 of the Code of Ordinances, and did furnish
the respective owner(s) of the land(s) described in the attached list
with written notice of unsafe building and detailed report of conditions
and notice to vacate as the Building Official determined that the
building was manifestly unsafe and is considered a hazard to life and
public welfare pursuant to Chapter 165, of the Code of Ordinances
describing the nature of the violations and sent notices that the build-
ing was to be vacated and that the building was to be repaired or
demolished; work must be begun within sixty (60) days and all work must
be completed within such time as the Building Official determines, said
notice also advised that all appeals must be filed 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 wi thin Chapter
165 have been complied with; and,
WHEREAS, neither an appeal to the Board of Construction Appeals
or cor~ctive action was undertaken in accordance with the order of the
Chief Building Official; therefore pursuant to Section 165.41 the Build-
I ing Official caused the abatement action to be done; and,
I WHEREAS, the City Manager of the City of Delray Beach has,
I pursuant to Section 165.42 of the Code of Ordinances of the City of
I
I 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(s).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
33
.
I
Section 1. That assessments in the amount of
as shown by
the report of the C1ty Manager of the City 0 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-
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,
I 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 - , 19_.
MAYOR
ATTEST:
I
City Clerk
- 2 - Res. No. 8-89
,. ,
N::1l'ICE OF ASSESSMENr
Date
'10: Freddie and Hattie Monroe
AlXlRESS: 601 NW ~th Street, Boynton Beach, Fl 33435
P~A:OKl"i: 319-321 NW 8th Avenue, Delray Beach, Fl 33444 (front building)
UXilU. IES::RIP'l'I~: North 100 feet of South 307 feet of West 135 feet of 51 of Block 1,
according to r~a~ DOOK L, rage ~ ox ~ne OIX1C1a~ recoras ox ra~m De.cn ~ounty. Fl.
You, as the record owner of, or holder of an interest in, the a!x:IIIe-described
property are hereby advised that a cost of SI.746.RO by resolutic:n of
the City Council of the City of Delray Beach, Florida, dated ,
19_, has tleen levied aqainst the a!x:IIIe-described property. (I,
'lbe costs wen! incurred as a result of a nuisance abatanent acti.on reg~'
the above-desc:ribe property. You wen! given written notice at 6-27-RR..
that the h,Hd.i.ng official has deteI:mined that a building located at the above-
described property was unsafe. You wen! advised in that notice of the action to
be taken to ren&Jy that unsafe ccn:tition and of the time within M1ich the rerredi.al
acti.a1 was required to be taken.
.
x You failed to appeal the decision of the build.i.ng official to
the Board of Constructi.at Arr-ls although you wen! info.med
of your right to an appeal and of the pIOC-~'1res for obtaininq
an"""]. You have also failed to take the corrective acti.on
required by the notice of the build.i.ng official.
You appealed the decision of the building official to the
Board of Construction Appeals. You were given written
notification on that you wen! required
to take the corrective action required by the decision of
the Board of Construction 1lJ?!?'>"ls within a stated period of
time. You failed to take the action as required by the 0J:der
of the Board of Constructic:n ~l s. .
'!he City of De1Ry Beac:h has therefore taken rerredi.al action to r&ID\Ie the r
unsafe CXllldi.ti.cn existin;J at the abave-described property on 1-24-89
at a cost of $1,746.80 l>hi.ch includes a ten percent (10')
administrative fee. If you fail to pay this cost within thirty (30) days, that I
,
cost shall be recorded at the Official Records of Palm Beach Qulty, norida , .
against the abave-described property.
Copy of all notices referred to in this notice are av>o;lanl~ in the office
of the h,;lil;'lg official.
BY CRlER OF 'mE Cl'lY CXXH:IL.
_.
City Cledt
,-
I
RESOLUTION NO. 9-89
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
I ASSESSMENTS: PROVIDING FOR THE RECORDING OF THIS RESOLU-
I TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE
I SUBJECT PROPERTY FOR UNPAID ASSESSMENTS: PROVIDING FOR
, THE MAILING OF NOTICE.
I
I' WHEREAS, the Building Official or his designat~d representative
has, pursuant to Chapter 165, of the Code of Ordinances, declared the
existence of an unsafe building upon certain lots or parcels of land,
described in the list attached hereto and made a part hereof, for
violation of the building codes and building requirements adopted by
Chapter 165 and those Codes adopted in Chapter 96 of the Code of Ord-
inances: and,
WHEREAS, pursuant to Chapter 165, of the Code of Ordinances of
the City of Delray Beach, the Building Official or his designated
representative has inspected said land (s) and has determined that an
unsafe building existed in accordance with the standards set forth in
Chapter 165 and/or Chapter 96 of the Code of Ordinances, and did furnish
the respective owner (s) of the land (s) described in the attached list
with written notice of unsafe building and detailed report of conditions
and notice to vacate as the Building Official determined that the
building was manifestly unsafe and is considered a hazard to life and
public welfare pursuant to Chapter 165, of the Code of Ordinances
describing the nature of the violations and sent notices that the build-
ing was to be vacated and that the building was to be repaired or
demolished: work must be begun within sixty (60) days and all work must
be completed within sucn 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 wDuld
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,
I WHEREAS, neither an appeal to the Board of Construction Appeals
I or corrective action was undertaken in accordance with the order of the
i Chief SUilding Official: therefore pursuant to Section 165.41 the Build-
, ing Official caused the abatement action to be done: and,
;
i WHEREAS, the City Manager of the City of Delray Beach has,
I pursuant to Section 165.42 of the Code of Ordinances of the City of
Ii 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,
i WHEREAS, the City Commission of the City of Delray Beach,
i pursuant to Chapter 165, of the Code of Ordinances desires to assess the
I 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:
3rt
,!
, ,
:1 . 1 h .
, Sect10n . T at assessments 1n 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 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
:i hereby directed to immediately mail by certified mail, postage prepaid,
:, return receipt requested, to the owner (s) of the property, as such
II ownership appears upon the records of the County Tax Assessor, notice (s)
I' that the City Commission of the City of Delray Beach has levied an assess-
I ment against said property for the cost of abatement action regarding an
II unsafe building by the thirty (30) days after the mailing date of said
II 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
'i 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
I of the notice of assessment, the City Clerk is hereby directed to record
I a certified copy of this resolution in the public records of Palm Beach
i County, Florida, and upon the date and time of recording of the certi-
Ii fied copy of this resolution a lien shall become effective on the
Ii subject property which shall secure the cost of abatement, interest at
II the rate of 6%, and collection costs including a reasonable attorney's
Ii fee.
I
i PASSED AND ADOPTED in regular session on this the day
I: of - , 19 .
!I
MAYOR
ATTEST:
,
i
I, Ci ty Clerk
I;
I
,
i
I
I
I - 2 - Res. No. 9-89
,
I
I
.
lOl'ICE CE' ASSE.SSMmr
Date
'1tl: Arthur Algonis
AtDRESS: 76 HE 6th Avenue 1106. Delray Beach. Fl 33444
PJOPER1Y : 1108 Germantown Road. Delray Beach. Fl 33444
UXiAL DE&:RIPrIaI: see sttached
.
You, as the n...u..d owner of, or holder of an interest in, the abaIIe-described
property are hereby advised that a cost of ~'.C;71 Rn by resolutial of
the City Council of the City of Delray Beach, Florida, dated ,
19_, has been levied against the abaIIe-described property. ., I
'!he costs were incurred as a result of a nuisance abatement action reg~'
the abaIIe-described property. You were given written JDtice on I ] -9-88
that the building official has deteImined that a building located on the above-
described property was unsafe. You were- advised in that JDtice of the action to
be taken to remedy that unsafe CCX1dition am of the time within which the rBlEldial
action was required to be taken.
x You failed to appeal the decision of the building official to
the Board of Construction l\n""'"1 s although you were infoDlled
of your right to an appeal am of the PlU<.'edureS for obtaining
appeal. You have also failed to take the corrective action
~ed 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
lXltification 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 omer
of the Board of Construction APl""" 1 s.
'DIe City of DelJ;ay Beach has therefore taken rBlEldial action to reIlD\Ie the
unsafe oonditial existin;J at the above-described property on 1-24-89
at a cost of t? ~71 An which includes a ten percent (10')
administrative fee. If you fail to pay this cost within thirty (30) days, that
cost shall be recorded at the Official Records of Palm Beach Camty, Florida
against the above-descril:led property.
Copy of all notices referred to in this JDtice are llVAi 1 ..\::lIe in the office
of the h,nr'ling official.
BY ORDER CE' THE CITY OXN:IL.
--
City Clerk
, i ..
. . , '..
- . .. " __..L;.
. ..
.
South 53.31' of Lot 9. Block B, Sunny Acres, a replat of the West I of Lot 30
and the Eaet I of Lot 22 of .ap ehowing subdivision of portions of Townehip 45
and 46 South, Range 43 East, according to the Plst thereof filed in Plat Book 10
Page 4 of the public records of Palm Beach County, Fl.
-, I
. "
1 ..
:," ~.,
.
-
-
[
,
RESOLUTION NO. 10-89
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 BEACHl SETTING
OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH ACTIONl PROVIDING
FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST
ASSESSMENTSl PROVIDING FOR THE RECORDING OF THIS RESOLU-
TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE
SUBJECT PROPERTY FOR UNPAID ASSESSMENTSl 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-
inancesl and,
WHEREAS, pursuant to Chapter 165, of the Code of Ordinances of
the City of Delray Beach, the Building Official or his designated
representative has inspected said land(s) and has determined that an
unsafe building existed in accordance with the standards set forth in
Chapter 165 and/or Chapter 96 of the Code of Ordinances, and did furnish
the respective owner(s) of the land (s) described in the attached list
with written notice of unsafe building and detailed report of conditions
and notice to vacate as the Building Official determined that the
building was manifestly unsafe and is considered a hazard to life and
public welfare pursuant to Chapter 165, of the Code of Ordinances
describing the nature of the violations and sent notices that the build-
ing was to be vacated and that the building was to be repaired or
demOlished; work must be begun within sixty (60) days and all work must
be completed within such time as the Building Official determines, said
notice also advised that all appeals must be filed wi thin thirty (30)
days from the date of service of the notice and failure to file an
appeal or to make the repairs required that the Building Official would
have the authority to have the building demolished from the date of the
said noticel and,
WHEREAS, all the notice requirements contained within Chapter
165 have been complied withl 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 Officiall therefore pursuant to Section 165.41 the Build-
ing Official caused the abatement action to be donel 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 involvedl 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:
3(
.
Section 1. That assessments in the amount of
as shown by
the report of the City Manager of the City of De1ray a copy of which is
attached hereto and made a part hereof, are hereby levied against the
parce1(s) of land described in said report and in the amount(s) indi-
cated thereon. Said assessments so levied shall, if not paid within
thirty (30) days after mailing of the notice described in Section 165.42
become a lien upon the respective lots and parce1(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 De1ray 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 , 19 .
MAYOR
ATTEST:
City Clerk
- 2 - Res. No. 10-89
turICE OF 1SSESSHEN1'
Date
'10: Tna4lo M.TuIAl an" rl nVA T.. 'Dol tAr Tl "_-Ft"\1'U!n
J\OORESS: 707 SW 8th Court, Delray Beach, Fl 33444
P~toI(n': 707 SW 8th Court, Delray Beach, Fl 33444
UXOAL DE9:RIP1'ICN: Lot 4, Block I, Colonial Heights, according to Plat Book 26,
Page 69 of the official recordB of Palm Beach County, Fl.
You, as the record owner of, or holder of an interest in, the al:x:lve-described
property are hereby advised that a cost of illlll M by resolution of
the City Council of the City of Delray Beach, Florida, dated ,
19_, has Eleen levied against the abJve-described property.
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'DIe costs were incun:ed as a result of a nuisance amterlEnt action ~ardi.nq'
the aI:ove-described property. You ~e given written notice em 8-1-88
that the buildin; official has deteJ:rnined that a building located em the above-
described property was unsafe.. You were advised in that notice of the action to
be taken to rea(~ that unsafe cxn:lition and of the time within Iohich the rmedial
action was required to be taken.
x You failed to appeal the decisiem of the buildin; official to
the Board of Constrocti.em Appeals although you were infoJJllEld
of your right to an ~"1 and of the procedures for obtaining
CIfP= 1 . You have ,also failed to take the corrective action
required by the notice of the h,i1dirig official.
You awealed the decisiem of the building official to the
Board of Construct..i.on Arr"""] s. You were given written
notification on that you were required
to take the corrective action required by the decision of
the Board of Constrocti.on Appeals within a stated period of
time. You failed to take the action as required by the order
of the Board of Constructicm App-1s.
'DIe City of Delray Beach has therefore taken rmedial action to rEIlDIIe the
unsafe condition existing Cll the ~ibed property em . 2-6-89
at a cost of $919.60 which includes a ten percent (10'1
administrative fee. If you fail to pay thi3 cost within thirty (30) days, that
cost shall be recorded Cll the Official Records of Palm Beach QJunty, Florida
against the above-descril:led property.
Copy of all notices referred to in thi3 notice are av-o; bble in the office
of the bl1;li1;1YJ official.
BY ORDER OF THE CITY a::ucn..
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City Clerk
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RESOLUTION NO. 11-89
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS
FOR ABATING NUISANCES UPON CERTAIN 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 ABATEMENT OF NUISANCES;
PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND
INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF
THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN
UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS;
PROVIDING FOR THE MAILING OF NOTICE OF LIEN.
WHEREAS, the City manager or his designated representative has,
pursuant to Chapter 100 of the Code of Ordinances, declared the existence
of a nuisance upon certain lots or parcels of land, described in the
list attached hereto and made a part hereof, for violation of the
provisions of Chapter 100 of the Code of Ordinances; and,
WHEREAS, pursuant to Section 100.20, 100.21 and 100.22 of the
Code of Ordinances of the City of Delray Beach, the City Manager or his
designated representative has inspected said land(s) and has determined
that a nuisance existed in accordance with the standards set forth in
Chapter 100 of the Code of Ordinances, and did furnish the respective
owner(s) of the land(s) described in the attached list with written
notice of public nuisance pursuant to Sections 100.20, 100.21 and 100.22
of the Code of Ordinances describing the nature of the nuisance(s) and
sent notice that within ten (10) days from the date of said notice
forty-two (42) days in the case of violation of Section 100.04 pertain-
ing to seawalls) they must abate said nuisance, or file a written
request for a hearing to review the decision that a nuisance existed
within seven (7) days from the date of said notice, failing in which the
City of Delray Beach would proceed to correct this condition by abating
such nuisance, and that the cost thereof would be levied as an assess-
ment against said property; and,
WHEREAS, the property owner(s) named in the list attached
hereto and made a part hereof did fail and neglect to abate the
nuisance(s) existing upon their respective lands or to properly request
a hearing pursuant to Section 100.21 and 100.22 within the time limits
prescribed in said notice and Chapter 100 of the Code of Ordinances, or
if the property owner(s) did request and receive a hearing, said prop-
erty owner(s) failed and/or neglected to abate such nuisance(s) within
seven (7) days subsequent to the rendering of a decision adverse to the
property owner(s) (thirty-five (35) days for violation of 100.04); and,
WHEREAS, the City of Delray Beach, through the City Administra-
tion or such agents or contractors hired by the City Administration was
therefore required to and did enter upon the land (s) described in the
list attached and made a part hereof and incurred costs in abating the
subject nuisance(s) existing thereon as described in. the notice; and,
WHEREAS, the City Manager of the City of Delray Beach has,
pursuant to Chapter 100 of the Code of Ordinances of the City of Delray
Beach, submitted to the City Commission a report of the costs incurred
in abating said nuisance (s) as aforesaid, said report indicating the
costs per parcel of land involved; and,
WHEREAS, the City Commission of the City of Delray Beach,
pursuant to Chapter 100 of the Code of Ordinances desires .to assess the
cost of said nuisance(s) against said property owner(s),
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That assessments in the individual amounts as shown
by the report of the City Manager of the City of Delray Beach, involving
the City's cost of abating the aforesaid nuisances upon the lots or
parcels of land described in said report, 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) indicated thereon.
Said assessments so levied shall, if not paid within thirty (30) days
after mailing of the notice described in Sec. 3, become a lien upon the
respective lots and parcells) of land described in said report, of the
same nature and to the same extent as the lien for general city taxes
and shall be collectible in the same manner and with the same penalties
and under the same provisions as to sale and foreclosure as City taxes
are collectible.
Section 2. That such 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 first class mail to the owner(s)
of the property, as such ownership appears upon the records of the
County Tax Assessor, notice(s) that the City Commission of the City of
Delray Beach on the has levied an
assessment against said property for the cost of abatement of said
nuisance by the City, and that said assessment is due and payable within
thirty (30) days after the mailing date of said notice of assessment,
after which a lien shall be placed on said property, and interest will
accrue at the rate of 8% per annum, plus reasonable attorney's fees and
other costs of collecting said sums.
Section 4. That this resolution shall become effective thirty
(30) days from the date of adoption and the assessment (s) contained
herein shall become due and payable thirty (30) days after the mailing
date of the notice of said assessment(s), after which a lien shall be
placed on said property (s), and interest shall accrue at the rate of
eight (8) percent per annum plus, if collection proceedings are
necessary, the costs of such proceedings including a reasonable
attorney's fee.
Section 5. That in the event that payment has not been
received by the City Clerk within thirty (30) days after the mailing
date of the notice of assessment, the City Clerk is hereby directed to
record a certified copy of this resolution in the public records of Palm
BeaCh -County, Florida, and upon the date and time of recording of the
certified copy of this resolution a lien shall become effective on the
Subject property which shall secure the cost of abatement, interest at
the rate of 8%, and collection costs including a reasonable attorney's
fee.
Section 6. That at the time the City Clerk sends the certified
copy of this resolution for recording, a notice of lien, in the form
prescribed in Section 100.27 of the Code of Ordinances, shall be mailed
to the property owner.
PASSED AND ADOPTED in regular session on this the day
of , 1988.
MAYOR
ATTEST:
City Clerk - 2 - Res. No. 11-89
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCES
PROPERTY DESCRIPTION OWNER ASSESSMENT
S 60' of E 200' of Lot 15, A. Oliva, D. Fernandez & $145.00
Esquire Sub., PB 23, P 43, R. Rodriquez 50.00 (Adm. Cost)
Public Records, Palm Beach C/o U.S.Atty, Civil Div.N
County, FL 301 N. Miami Avenue
(1028 SW 9th Ave) Miami, FL 33128-7701
N 60' of E 200' of Lot 14, R. Rodriquez,D.Fernandez $145.00
Esquire Sub., PB 23, P 43, C/o U.S. Attorney 25.00 (Adm. Cost)
Public Records, Palm Beach Civil Division N
County, FL 301 N Miami Avenue
(1024 SW 9th Ave) Miami, FL 33128-7701
S 31.25' of E 200" of Lot 14 & R. Rodriquez, $145.00
N 31.25' of E 200' of Lot 15, D.Fernandez 25.00 (Adm. Cost)
Esquire Sub., PB 23, P 43, C/o U.S. Attorney
Public Records, Palm Beach Civil Division N
County, FL 301 N Miami Avenue
(1026 SW 9th Ave) Miami, FL 33128-7701
Lot 14 (Less E 215'), Esquire R.Rodriquez,T.01iva & $200.00
Sub., PB 23, P 43, Public Denis Fernandez 50.00 (Adm. Cost)
Records, Palm Beach County, FL C/o U.S.Atty, Civil Div.N
(1031 Germantown Road) 301 N. Miami Avenue
Miami, FL 33128-7701
Lot 15 (Less E 215'), Esquire R.Rodriquez,T. Oliva & $225.00
Sub., PB 23, P 43, Public Denis Fernandez 50.00 (Adm. Cost)
Records, Palm Beach County, FL C/o U.S. Attorney
(1035 Germantown Road) Civil Division N
301 N Miami Avenue
Miami, FL 33128-7701
VIOLATION IS: SEC 100.01 LAND TO BE KEPT FREE OF DEBRIS, VEGETATION,
MATTER CONSTITUTING HAZARDS; DECLARED NUISANCE.
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-3- Res. No. 11-89
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[ITY DF DELRAY BEA[H ,
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100 N.W.1st AVENUE DELRAY BEACH. FLORIDA 33444 305/243.7000
MEMORANDUM
TO: Walter O. Barry, City Manager
FROM: John W.' Elliott, Jr., AS~Managerl
Management Services
DATE: February 22, 1989
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
FEBRUARY 28, 1989 - BID AWARD - COMPREHENSIVE
PAVEMENT MANAGEMENT SYSTEM #89-34
Item Before City Commission:
City Commission is requested to award a bid for a Comprehensive Pavement
Management System to Infrastructure Management Services at a cost not to
exceed $26,045 with funding to come from account #334-3162-541-60.53
(General Construction Fund - Community Services - Streets, Alleys & Side-
walks).
Background:
Invitation to bid were mailed to ten (10) consultants of which three
submitted proposals. A pavement management system allows the City to
efficiently spend the annual resurfacing funds and develop a capital
improvement program for street reconstruction. Services are to include
pavement surface condition inspection, computer software, field dynaflect
testing, field pavement coring and training of City personnel. Approxi-
mately 5 miles of streets are included in the study, which will complete
the inspection of City streets east of 1-95, including the annexed areas.
Four firms submitted proposals, however, one was returned because it was
received after the deadline. Of the remaining proposals, only the one
submitted by Infrastructure Management Services meets all the requirements
of the Request for Proposals. Eighmey and Associates provides only visual
inspections, while dynamic deflection data is required under the RFP. The
insurance required by the RFP couldn't be provided by the remaining firm,
Pavement Management Systems.
Recommendation:
The Staff recommends award to Infrastructure Management Servtces to develop
the City's Comprehensive Pavement Management System for a fee not to exceed
$26,045, with funds to come from account #334-3162-541-60.53, (General
Construction Fund-Community Services-Streets, Alleys & Sidewalks).
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THE EFFORT ALWAYS MATTERS
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M E M 0 RAN DUM
TO: John W. Elliott, Jr. , Assistant City Managerl
Management Services
FROM: Ted Glas, Purchasing Director
DATE: February 22, 1989
SUBJECT: RFP on Comprehensive Pavement Management System
#89-34
Invitations to submit proposals were mailed to ten (10)
consultants on December 21, 1988. A legal advertisement was
placed in the Palm Beach Post on December 27, 1988.
Thlee consultants submitted proposals for the January 20,
1989 deadline and opening, per attached list.
The Purchasing Department concurs with the recommendation of
the Acting City Engineer to award this contract to the best
evaluated proposer, Infrastructure Management Services at a
cost not to exceed $26,045.
Per the Budget Office, funding for this service is available
from account #334-3162-541-60.53 (General Construction Fund
-Community Services -Streets, Alleys & Sidewalks).
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Ted Glas
Purchasing Director
Attachments
List of Proposers
Recommendation from Acting City Engineer
pc Yvonne Kincaide
Frank Spence
Gates Castle
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ENGINEERING DEPARTMEN~
MEMORANDUM
TO : Walter O. Barry, City Manager
THRU : Frank Spence, Director Developm~~vices
FROM :~btcates D. Castle, P.E., Acting City Engineer
DATE : February 21, 1989
SUBJECT: Comprehensive Pavement Management System
On January 20th, proposals were received from consultants to provide
services for the subject program. A pavement management system allows
the City to efficiently spend the annual resurfacing funds and develop
a capital improvement program for street reconstruction. Services are
to include pavement surface condition inspection, computer software,
field d9naflect testing, field pavement coring and training of City
personnel. Approximately 5 miles of streets are included in the
/ . ,- study, which will complete the inspection of City streets east of
I-95, including the annexed areas. Four firms submitted proposals,
however one was returned because it was received after the deadline.
Of the remaining three proposals, only the one submitted by Infra-
structure Management Services meets all the requirements of the
Request for Proposals. Eighmey and Associates provides only visual
inspections, while dynamic deflection data is required under the RFP.
The insurance required by theRFP couldn't be provided by the remain-
ing firm, Pavement Management Systems.
It is recommended that the City contract with Infrastructure Manage-
ment Services to develop the City's Comprehensive Pavement Management
System for a fee not to exceed $26,045, with funds to come from 1988-
89 Resurfacing Funds. .
An Agenda Request Form is attached for further processing. Also
attached are 1 copy each of the proposals.
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100 N.w, 1st AVENue OELRAV BEACH, FLORIDA 33444 305/243-7000
List of Respondents to IFP for Comprehensive PaveJIent Hanagement System:
1. Pavement Management Systems. Inc.
22642 Lambert Street
Suite 402
El Toro. CA 92630
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2. Eighmey & Associates. Inc.
7013 40th Street
Suite 200
Tampa. Florida 33604
3. Infrastructure Hanagement Services
3350 Salt Creek Lane
Suite 117
Arlington Heights. Illinois 60005
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THE EFFORT ALWAYS MATTERS
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MEMORANDUM
TO: Walter O. Barry, City Manager
FROM: John W. Elliott, Jr., Assistant City Manager/
Management Services ~
DATE: February 22, 1989
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING _
FEBRUARY 28, 1989 - BID AWARD - COUNTY
CO-OP BIDS - GASOLINE AND DIESEL FUEL
Item Before City Commission:
City Commission is requested to award to the low bidders, through Palm
Beach County cooperative purchases, a one year contract for Gasoline and
Diesel Fuel,(vendors listed below), with funding to come from various user
department's operating budget accounts #35.51 (Gas, Oil, and Lubricants).
Approximate annual cost, $155,000.
Supreme Unleaded Vendor Bid Price Gal.
Tankwagon Nana's Petroleum $.694
Transport Belcher Oil .60269
Estimated Annual Quantity - 248,000 gals.
Tankwagon Alternate (Back-up) Supplier - Port Petroleum
Transport Alternate (Back-up) Supplier - Keemans Petroleum
Diesel Fuel II Vendor Bid Price Gal.
* Tankwagon Nana's Petroleum $.490
* Transport Belcher Oil .41420
Estimated Annual Quantity - 10,200 gals.
Tankwagon Alternate (Back-up) Supplier - Port Petroleum
Transport Alternate (Back-up) Supplier - Keemans Petroleum
* Tankwagon - method is small delivery, usually 1,500 gallons or less.
* Transport - method is large delivery, usually 2,000 gallons or more.
The City of Delray will primarily utilize the Transport method,
however, there are occasions in which the Tankwagon may be used, for
example, in hurricane Beason we usually like to top off all of our gas
tanks in the event of an emergency.
Background:
The County, School Board, and all Cities in Palm Beach County have entered
into a cooperative bid on gasoline and diesel fuels. The County Purchasing
Department is the lead organization for this bid.
Eleven (11) bids were received by Palm Beach County. Of the eleven, the
two-iow bidders, Nana's Petroleum and Belcher Oil, were selected to provide
gasoline and diesel fuels to the cooperative members, which include the
City of Delray Beach. Copy of bid summary attached for your review.
The contract period is for one year and per the specifications, if the
County renews the contract, the City Manager be authorized to renew the
contract for one additional year, subject to vendor acceptance, satisfacto-
ry performance and determination that-renewal is in the best interest of
the City.
Recommendation:
The Staff recommends award to the low bidders, Nana's Petroleum and
Belcher's Oil, with the funding to come from account 135.51 (Gas, Oil, and
Lubricants) from various user departments.
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M E M 0 RAN DUM ~ I
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TO: John W. Elliott, Jr. , Assistant City Manager!
Management Services
FROM: Ted Glas, Purchasing Director
DATE: February 14, 1989
SUBJECT: County Co-op Bids on Gasoline & Diesel Fuel
The County, the School Board, and all Cities in Palm Beach
County have entered into a cooperative bid on gasoline and
diesel fuels. The County Purchasing Department is the lead
organization for thlS bid, per their Bid #B9-043!JP.
Eleven (11 ) bids were recelved by Palm Beach County.
Recommendatlons for awards to the low bidders are, as
follows:
Supreme Unleaded Vendor Bid Pr i ce
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Tankwagon Nana's Petroleum $.694
Tt'ansport Belcher Oil .60269
Estimated Annual Quantity - 248,000 gals.
Tankwagon Alternate (BaCk-Up) Supplier - Port
Petroleum
Transport Alternate (Back-up) Supplier - Keemans
Petroleum
Diesel Fuel II Vendor Bid Price
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Tankwagon Nana's Petroleum $.490
Transport Belcher Oil .41420
Estimated Annual Quantity - 10,200 gals.
Tankwagon Alternate (BaCk-up) Supplier - Port
Petroleum
Transport Alternate (Back-up) Supplier - Keemans
-- Petroleum
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Prices are subject to price escalation based on posted
Florida terminal prices.
Per the BUdget Office, funding for gasoline and diesel fuel
is budgeted in the various departments operating budgets,
#35.51 (Gas, Oil, & LUbricants) .
The contract period is for one year; and per the specifi-
cations, if the County renews the contract, the City Manager
be authorized to renew the contract for one additional year,
subject to vendor acceptance, satisfactory performance, and
determination that renewal is in the best interest of the
City.
1/d ~
Ted Glas
Purchasing Director
Attachments:
Tabulation of Bid:,.
County Recommendation
Recommendation from Director of Fleet & Facility Mgt.
pc Robei"t Barcinski
Yvonne Kincaide
Robert Savage
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M E M 0 RAN DUM
TO: Robert A. Barcinski
Assistant City Manager for Community Services
FROM~RObert E. Savage
Director of Fleet and Facility Management
DATE: January 24, 1989
SLJB.JECT: E:fm.:rE [;]EJLJ3 AYJ NGS ON-LJJ~b. TI-j8_Q!otGH_~O-OP WntLr;;_Q\Jl'l1~'''-JUJ1
I was appr-oached by Ted Glas a short time ago concerning the
possibility of redirecting the purchase of ou.... fuel throuqh a
co-op at-ranqement with Palm Beach County. I have taken some time
to analyze the figures and have done a historical analysis of our
purchase costs. The differences are substantial and could
translate into mal..y thousands Df dDllars in savings fDr the City.
The C.i. ty has paid an average Df .7268 per gallDn fDr super
unleadf.?d fuel over' the periDd Df January 13, 1988 until November
21~ 1988. The CD-DP bid price is in the vicinity Df .61214121 per
gallDn with fluctuatiDn calculated Dn the Dff IDading price at
the ter-minal in Ft. Lauderdale. The City used apprD>:imatelv
248.12)(1)(1 (two hundred fDr'ty-eight thousand) gallDns Df fuel over
the p.;:,st year. At the present rate Df consumption, this tr-ans'-
lates to a savings Df $3121454.40 (thirty thousand, fDur hLtndred
fifty-four dollars and fDrty cents).
The fleet is abDut to experience SDme changes with the
intrDduction Df newer more fuel efficient vehicles. These
vehicles will be replacing Dlder, high mileage, and sDme>what less
efficient vehicles. We anticipate a 3% tD 5% reductiDn in fuel
consumption with the intrDductiDn Df these vehicles intD the>
fleet. The resulting savings CDuld in fact raise the anticipated
savings tD $37944.1210 (thirty-seven thDusand, nine hundre>d and
fDrty-four dDllars).
I concur with Ted Glas as tD the advantage Df a CD-DP with
the county and cDmmend Ted fDr his keen sense of frugality.
Please advise as to your thinking Dn this matter.
RES/res
cc: Ted Glas
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INTER-OFFICE COMMUNICATIONS
TO: Janet A. Garrison. CPPO
Purchasing Manager
~...~'J FROM: Jim Pitts
I~ Purchasing Dept.
RE: Bid evaluation for 89-034 Gasoline and Diesel fuel
I. TRANSPORT SECTION
.
Estimated Bid quantities are:
Regular: -0- gals. (estimated -0- usage)
Unleaded: 1.069.020 gals.
Super unleaded: 2.042.926 gals.
Diesel #2: 1.127.596 gals. ~
Diesel/Jet. A: 600.000 gals. (Co-Trans only)
Cost factors below based on estimated quantities and average cost
per gal. for all five (5) geographical areas.
:.....;,.J. Low Bid: Belcher on
...., Unleaded: 1.069.020 gals x .50 = $534.510.00
.- Super Unleaded: 2.042.926 gals x .61 = $1.246.184.86
Diesel #2: 1.127.596 gals x .42 = $473.590.32
Total $2.254.285.18
2nd Low Bid: Keemans Petroleum
Unleaded: 1.069.020 gals x .51 = $545.200.20
Super Unleaded: 2.042.926 gals"x .62 = $1.266.614.12
Diesel #2: 1.127.596 gals x .43 = $484.866.28
Total: $2.296.680.60
3rd Low Bid: Mansfield
Unleaded: 1.069.020 gals x .54 = $577.270.80
Super Unleaded: 2.042.926 gals x .62 = $1.266.614.28
Diesel #2: 1.127.596 gals x .43 = $484.866.28
Tota 1 : $2.328.751.20
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Diesel Jet/A cost factors (two bidders only, to supply Lot 11 area
only).
Low Bid: Belcher
600,000 gals x .45745 ~ $274,524.00
2nd Bid: Port Petroleum
600,000 gals x .558 . $334,800.00
Summary
Recommended Primary Award of Transport Section to Belcher Oil, low
bidder on all types, all geographical areas, and alternate (back-up)
award to Keemans Petroleum for unleaded, super unleaded and diesel
12 only.
II. TANKWAGON SECTioN
Based on average cost per gal. for each fuel type. To include all
five (5) geographical areas.
low Bid: Nana's Petroleum
Unleaded: .574ft gal.
Super Unleaded: .694ft gal.
Diesel 12: .490ft ga l.
2nd low Bid: Port Petroleum
Unleaded: .58ft gal.
Super Unleaded: .69ft gal.
Diesel 12: .5025
3rd Low Bid: Suga r
Unleaded: .60374ft gal.
Super Un 1 eaded: .73874ft gal.
Diesel 12: .51824ft gal.
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Summary
Recommended Primary Award of Tankwagon Section to Nana's Petroleum,
and Alternate (back-up) Award to Port Petroleum, based on average
cost per gallon for all five (5) geographical areas, as outlined above.
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Over-all Cost Comparison
Figures below represent the higher average gallon price of tankwagon
loads opposed to the average gallon price of transport loads. Which
cou1 d escalate tota 1 annual expenditures by approx. 161 (from
$2.528.809.18 to $2.935.530.17).
Transport: Tankwaqon
Estimated 8id Quantities x Average Cost Per Gal.
Unleaded (.50) 534.510 Unleaded (.574) 613.617.48
Super Unleaded (.61) 1.246.184.86 Super Unleaded ( .694)
1.417.790.65
Diesel Jet/A (.45754) 274.524 Diesel Jet/A (.586) 351.600.00
Diesel #2 (.42) 473.590.32 Diesel #2 (.490) 552.522.04
Total: $2.528,809.18 Tota 1 : $2,935,530.17
Increase of: $406,720.90
for Tankwagon deliveries
cc: J Weyrauch
Attachments: Co-Tran Award Recommendation
Motor Pool Award Recommendation
Fire Rescue Award Recommendation
Belcher Oil Documents and Proposal
Keeman Petroleum Documents and Proposal
Port Petroleum Documents and Proposal
Nana's Petroleum Documents and Proposal
Bid Tab-Sheets (12)
Buyer Worksheets (2)
Copies of Requisitions
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100 N,W,1s! AVENUE DELRAY BEACH, FLORIDA 33444 305/243-7000
MEMORANDUM
TO: Walter O. Barry. City Manager
f.w E. (s...
FROM: John W. Elliott. Jr.. Assistant City Manager! .'
Management Services
DATE: February 22. 1989
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING _
FEBRUARY 28. 1989 - BID AWARD - MOBILE STAGE PLATFORM
FOR PARKS & RECREATION DEPARTMENT - BID # 89-36
Item Before City Commission:
City Commission is requested to award a bid for a mobile stage platform to
the low bidder. Hunter-Knepshield Company at a cost of $27.996. with
funding to come from account #001-4121-572-60.89 (Parks & Recreation _
Playground & Playfields - Capital Improvements _ Other).
Background:
Invitation to Bid were mailed to eight (8) vendors. A legal advertisement
was also placed. Two vendors submitted bids. the low bidder Hunter-
Knepshield Company. for Option #3. (24'x30' platform with 24'x30'canopy and
60. height). best meet our current needs. A Tabulation of Bids is attached
for your review.
Recommendation:
Staff recommends award of bid to the low bidder. Hunter-Knepshield Company.
in the amount of $27.996. for a Mobile Stage Platform for the Parks and
Recreation Department with funding to come from account 1001-4121-572-60.89
(Parks & Recreation - Playgrounds & Playfields - Capital Improvements _
Other).
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attachments
THE EFFORT ALWAYS MATTERS
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M E M 0 RAN DUM FED 1 6
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TO: John W. Elliott, Jr. , Assistant City Manager
Management Services
FROM: Ted Glas, Purchasing Director
DATE: February 16, 1989
SUBJECT: Bids on Mobile Stage Platform for Parks &
Recreation Department, Bid #89-36
Invitations to Bid were mailed to eight (8) vendors on
January 18, 1989. A legal advertisement was placed in the
Palm Beach Post on January 18, 1989.
Two (2) vendors submitted bids for the February 10, 1989 bid
opening. A Tabulation of Bids is attached for your review
(Four options).
Following staff analysis and review, it is recommended that
the purchase of a mobile stage platform be awarded to the
low bidder for Option #3, Hunter- Knepshield Company, at a
cost of $27,996.
Per the Budget Office, funding for this purchase is
available in account #001-4121-572-60.89 (Parks & Recreation
-Playground & Playfields -Capital -Improvements -Other).
~ ~
Ted Glas
PurChasing Director
Attachments:
Tabulation of Bids
Memo from Director of Parks & Recreation
Product Literature
pc Robert Barcinski
Joe Weldon
Yvonne Kincaide
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M E M 0 RAN DUM
TO: Ted Glass
Purchasing Director
FROM: Joe Weldon
Director of Parks & Recreation
RE: BID # 89-36 (STAGE)
DATE: February 15, 1989
Attached please find a spread sheet for the purchase of a mobile
stage opened on February 10. 1989. I recommend the purchase of
option #3 (24' X 30' platform with a 24' X 30' canopy and 60"
height) awarded to the apparent low bidder, Hunter-Knepshield
Company for $27,996. Funds are available in account #
001-4121-572-60.89.
This stage is to replace our current 16' X 20' stage which many
times is too small and lacks a canopy.
W
Parks & Recreation
JW:jh
cc: Bob Barcinski - Assistant City Manager
File
REF:JW100
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MOBILE PLATFORMS
ELEVATED EXCITEMENT
Add extra dimension to outdoor forms, lighting and sound equip- frame with all steel members galva-
community events with Century's ment to the event site - saving nized or plated after fabrication. A
Mobile Platform. Mobile platforms time, vehicles, and manpower. heavy duty tandem axle suspension
give events a focal point and action provides easy towing over highways
center with elevated staging that All-WEATHER CONSTRUCTION or open fields.
heightens audience enjoyment and Mobile Platform components are the
appreciation. highest quality, providing years of Option packages are available for
Mobile Platforms can be dispatched trouble-free service. Platform deck even more flexibility in capacity,
is anodized extruded structural lighting and sound. Bring entertain-
on short notice, with fast, effortless aluminum with a nonskid surface ment to your community with Cen.
set-up accomplished by one person pattem, supported by a rugged steel tury's Mobile Platform.
in less than 15 minutes. An electri-
cally powered hydraulic actuating
system does all of the work of posi-
tioning the platform deck sections.
Levelinglsupport jacks on the plat-
form main frame and adjustable
support legs on each deck section
allow leveling on any terrain.
VERSATILE PERFORMER
Century's Mobile Platform has the
extra flexibility to make the most of
your event site. loNer only one deck
and create a 15'4" deep platform
with an 8'6" high backdrop, offering
control of the visual background, im-
proved sound projection, and an ex-
cellent structure for signs, banners,
and equipment. Lower both decks
to create a 24' deep platform,
capable of accommodating large
groups and events. With both decks ~-.,
closed, the Mobile Platform doubles ~ ...., . '-":;,::;::,~~.~;,"":,,,
as a cargo van for transporting ~.'"'-,,,.-
tables, chairs, stairs, extension p1at- . - ,; .~. ; "':::";, ;'.~.;,..- . .
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MOBILE PLATFORM FEATURES
Rugged Steel Frame The platform's 12" rolled steel main
frame is built to withstand the pounding of open fields, rough
roads, and curbs, All steel members are hot-dippecl galva-
nized or zinc plated after fabrication for maximum corrosion
resistance.
LevelinglSupport Jacks Deck support is provided by 7,000
Ib, capacity jacks alfached to the main frame. Crank-type
jacks permit fine adjustment for precise leveling of the plat-
form deck on any terrain,
AII.Weather Aluminum Deck The structural aluminum plat-
form deck incorporates a nonskid surface pattem and special
aluminum filler extrusions that prevent the trapping of dirt
and debris, or trapping and damage to high heel shoes. The
all-weather deck is unaffected by sun, rain, heat or cold, and
is anodized for maximum corrosion resistance.
Deck support legs that swing out as the deck is lowered
feature both fine and coarse leveling adjustment
Hydraulic Actuated Decks Platform set-up is a fast and easy
one person operation with the help of the platform's self-
contained 12VDC powered, hydraulic actuating system. A
built-in balfery charger brings the platform balfery back to
full charge whenever it is connected to a 110V power source.
Guard Rails Three-rail perimeter guard rails are provided
on three platform sides, Guard rails are aluminum construc-
tion for easy handling and are removable for special event
configurations,
Stairs Platform stairs are 36" wide, with diamond tread-plate
treads and fully enclosed risers - for use by children, senior
citizens, and the handicapped. Aluminum handrails are pro-
vided on both sides, Stairs attached around platform deck
perimeter, They are constructed of rust-free, easy to handle
aluminum, and are equipped with adjustable foot pads. --.'!-..rr.-......."-_'II.....,.....,:-ll'"
--. -;...-/..--'-__'._r u-:-,--,..,-.
Tandem Axle Suspension Easy, stable towing is provided ,. ___1'"""1_0 c. : '. ~__ '_.,... . .':'" __.' ".
by the platform's tandem axle suspension system. Standard '~;T~7~'~~'" ~~., I ,..
equipment includes brakes and highway-rated tires. __ _.~__- ._
Transport Lighting Package All marker lights, signal lights.
reflectors, and license bracket are included to permit highway ...' .:. .' __' ,.. _' ",,_. .
towing. Package is complete with connector, connector cable, ..... . "' ..<, ",'}.,.-, ;;:..~"._ '~..i,~
and all cable routed through the frame in protective loom. .... '~';;';:-.3",. ...::....;. '
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PLATFORM LENGTHS
24' Long, 30' Long, 40' Long
SEND ALL ORDERS, BIDS AND INQUIRIES TO:
tlNEPSHIELD CALL
IN KENTUCKY
50Z-4Z5.Z652
OUT Of STATE TOll fREE
800-6Z6-6530
HUNTER-KNEPSHIELD COMPANY
CENTURY INDUSTRIES INC. P. o. BOX 22618, 8101 WARWICK AVENUE
P.O. BmE U . SELLERSBURG, II LOUISVILLE. KY. 40222
e Copyright Century Industries October 1985
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MEMORANDUM
TO: Walter O. Barry, City Manager
FROM: ~obert A. Barcinski, Asst. City Manager/Community Services
DATE: February 22, 1989
SUBJECT: Documentation - City Commission Meeting - February 28, 1989
Authorization of FPL Purchase Order and Payment
Action
City Commission is requested to authorize Florida Power and Light to
install padmount transformers for the wells at the golf course well
field Bnd authorize payment of invoices in the amount of $21,576, with
funding to come from account #441-5163-536-60.71.
Background
Florida Power and Light is required to install padmount transformers for
the golf course wells. This work is required, and is part of the FPL
system which only they can install. FPL will not proceed with the work
until the invoices are paid. Attached are copies of the invoices and a
letter from FPL with the Acting Utility Director's request.
Recommendation
Staff recommends authorization of installation of padmount transformers
and payment of invoices to Florida Power and Light in the amount of
$21,576, with funding to come from account #441-5163-536-60.71.
RAB/sfd
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BOX 2409. DELRAY BEACH. FL 33447.2409
I=PL
February 9. 1989
Mr. Larry Martin
Utility Director
City of Delray Beach
100 N.W. 1st "'venue
Delray Beach. Florida 33444
Re: Wells 9 - 12 & 14 at Golf Course
RWO's 6075-7-410 and 6076-7-410
Dear Mr. Martin:
Enclosed are two miscellaneous bills for $18.586.00 and $2990.00
to provide padmounted transformers to serve the above referenced
wells at the City Golf Course.
Upon receipt of payment for these wells. we will release these
projects to our construction department.
If you have any questions. please call me at 265-3104.
Yours truly.
.... G. Russi1lo. Jr.
Power Services Representative
Enclosure
"'GR/nac
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an FPL Group company
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MISl.s:LLANEOUS BILL 53132
BOX 2409. De1rav Beach FLA. 33444 DATE February 9. 19~
ACCOUNTING REFERENCE
oMiscellaneous Bill 0 Damage Claim TOTAL AMOUNT I $ 18.586.00 I
Account No. 143.100. EAC 790 Account No. 143.900. EAC 644
Q Other Account No. 607S-7-4l0
DUE WHEN RECEIVED
IN ACCOUNT WITH: PLEASE BRING OR MAIL UPPER
r -, PORTION WITH CHECK TO:
City of De1ray Beach
100 N.W. 1st IIvenue Florida Power & Light Company
De1ray Beach. Florida 33444 Box 2409
L ..J De1ray Beaclilorida 33444
Attn: Donna Craig -1
DATE DETAILS AMOUNT
? 10 Il!Q r.o~.. "0 in~..~" . foT'
..,gll~ ~.. t:h.. r.it:v Golf r'^.?~ S18.586 ~
PUNP( 11 12. 1</
TRANSACTION TYPE
Revenue Work Order This Invoice Amount $18.586. 00
Please Retain This lower AGR/EB Previous Balance
Portion of Invoice For Total Amt. Now Due S18.586.
Your Records. 00
I I
MISCELLANEOUS BILL 53131
BOX 2409. De1rav Beach FLA. 33444 DATE February 9 19~
ACCOUNTING REFERENCE
oMiscelfaneous Bill 0 Damage Claim TOTAL AMOUNT I $ 2990.00 I
ACCOunt No. 143.100, EAC 790 Account No. 143.900, EAC 644
Q Other Account No. 6076-7-410 DUE WHEN RECEIVED
IN ACCOUNT WITH: PLEASE BRING OR MAIL UPPER
PORTION WITH CHECK TO:
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City of De1ray Beach Florida Power & Light Company
100 N.W. 1st: Avenue Box 2409
De1ray Beach. FL 33444 ..J De1ray BeacJflorida 33444
L Attn: Donna Craig -1
-
DATE DETAILS AMQ UNT
? 10 IAO r'^~.. ..0 11 transformers for
.n" ".. ...h.. r.if-v Golf Course. S2990 00
~ill'f IS ""'/0
TRANSACTION TYPE
This Invoice Amount 100
Revenue Work Order
Please Retain This Lower Previous Balance
Portion of Invoice For AGR/EB . Total AmI. Now Due olt?oon Inn
Your Records.
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MEMORANDUM
TO: Robert A. Barcinski
Asst. City Manager/CS
FROM: Larry Martin
Acting Director of Public Utilities
SUBJECT: GOLF COURSE WELLFIELD
DATE: February 14, 1989
I have received an invoice in the amount of $18,586.00 as well as
$2,990.00 for a total of $21,576.00 from FPL. These two invoices
are the costs to install the padmount transformers for the
individual wells at the golf course wellfield. The installation
would serve wells #9, 10, 11, 12 & 14. We have installed the
transformers for wells 7 & 8 as part of the accelerated program.
This request is not included as a part of the Youngquist Brothers
contract. That contract only covered the installation of the
pumps, motors and instrumentation.
I received these invoices today and am including a purchase
requisition to cover this cost. The FPL people will not release
the order to schedule this work until the invoices are paid. It
is imperative that we process this soon so that we do not delay
the project.
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