06-13-89 Regular
CITY OF DELRAY BEACH, FLORIDA
REGULAR MEETING - CITY COMMISSION
June 13, 1989
7 P.M.
AGENDA
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.
4. Agenda approval.
Action: Motion to approve.
5. Approval of minutes of Special Meeting of April 18, 1989.
6. Proclamations:
David Cohen in recognition as a Semi-Finalist in the 1989
National School Volunteer Program.
PUBLIC HEARINGS
7. ORDINANCE NO. 35-89: An Ordinance amending Chapter 155,
Electrical Code by adopting the National Electric Code 1987 Edition.
City Manager recommends approval.
PUBLIC COMMENTS
8. Comments and Inquiries on Non-Agenda Items from the Public.
REGULAR AGENDA
9. FUNDING: Consider request from Jeanne's
Machine for 500 to send eight girls to the National Baton
Association's World and National Championships, July 24th-
Notre Dame University.
Twirling
Twirling
29th, at
10. APPOINTMENT OF FOUR MEMBERS TO THE HISTORIC PRESERVATION BOARD:
Appoint four members to the Historic Preservation Board to terms
ending June 9, 1991. Historic Preservation Board recommends
reappointment of incumbents Patricia Healy, David Martin, Alice Finst
and Diane DeMarco.
11. TRANSFER OF CITY CEMETERY AND MAUSOLEUM SALES: Approve transfer
of City Cemetery and Mausoleum sales and development contract from
Total Prearrangement, Inc. to Prearrangement, Inc. City Manager and
City Attorney recommend approval.
12. SITE AND DEVELOPMENT PLAN APPROVAL- GROVES OF DELRAY: Consider
site and development plan for the Groves of Delray, a proposed 150
unit townhouse development to be located north of Linton Boulevard on
the east side of S.W. 10th Avenue. City Manager and Planning and
Zoning Board (4-1) recommend denial.
13. WAIVER
conditions
Day Care.
OF CONDITIONS - HAPPY TIMES DAY CARE: Consider waiving
attached to the Conditional Use approval for Happy Times
Agenda
Meeting of 6/13/89
CONSENT AGENDA
14. APPROVA~OF EXTENSION OF LEASE FOR THE CITY ATTORNEY'S OFFICE:
Approve extension of City Attorney'S Office lease for current office
space at 310 S.E. 1st Street. City Manager recommends approval.
15. INTERLOCAL AGREEMENT BETWEEN THE CITIES OF DELRAY BEACH AND BOCA
RATON: Approve renewal of existing mutual aid agreement for emergency
fire services between the City and Boca Raton. City Manager and City
Attorney recommend approval.
16. APPROVAL OF UNISYS SETTLEMENT AGREEMENT:
authorization to execute a settlement agreement
Unisys. City Manager and City Attorney recommend
Approval
between the City
approval.
and
and
17. SALE OF POLICE CANINE: Consider
retired Police Canine Carlo to Officer
and City Attorney recommend approval.
approval of request to sell
Musco for $1.00. City Manager
18. SALE OF POLICE CANINE: Consider
retired Police Canine Casey to Officer
and City Attorney recommend approval.
approval of request to sell
Tustin for $1.00. City Manager
19. REQUEST FOR APPROVAL OF
Atlantic Avenue Association
30th and Saturday, July 1st.
SIDEWALK SALE: Approve request from the
to hold a sidewalk sale on Friday, June
City Manager recommends approval.
20. ACCEPTANCE OF EASEMENT DEED: Accept easement deed for Lot 58,
Delray Beach Shores, for the proposed Storm Drain Rehabilitation
Project. City Manager recommends approval.'
21. INITIATION OF REZONING: Authorize staff to initiate rezoning for
Holt property at N.E. 1st Street from CF to RM-10. City Manager
recommends approval.
22. MOORING
buoy in an
Intracoastal
BUOY INSTALLATION: Approve request to install a
area bounded by Casuarina Road, Venetian Drive
Waterway. City Manager recommends approval.
mooring
and the
23. RESOLUTION NO.
nuisances by removing
properties throughout
29-89:
junked
the City.
A Resolution for the abatement of
and/or abandoned vehicles on several
City Manager recommends approval.
24. RESOLUTION NO. 30-89:
unsafe building located
recommends approval.
A
at
Resolution
327 N.W.
for the abatement
8th Avenue. City
of an
Manager
25. RESOLUTION NO. 31-89: A Resolution authorizing the issuance of
not exceeding $5,000,000 aggregate principal amount of Utilities Tax
Revenue Bonds of the City of Delray Beach, Florida, for the purpose of
financing the costs of certain capital programs and projects;
providing for the terms and payment of said Utilities Tax Revenue
Bonds and the rights, remedies and security of the owners thereof;
making certain covenants and agreements in connection therewith;
authorizing the proper officials of the City to do all other things
deemed necessary or advisable in connection with the issuance of the
Utilities Tax Revenue Bonds and providing for an effective date. City
Manager and City Attorney recommend approval.
26. RESOLUTION NO. 32-89: A Resolution authorizing the issuance of
$4,300,000 aggregate principal amount of Utilities Tax Revenue Notes,
Subordinate Series 1989, of the City of Delray Beach, Florida, for the
purpose of providing short term financing for the costs of certain
capital programs and projects; providing for the terms and payment of
said Utilities Tax Revue Notes, Subordinate Series 1989, and making
certain covenants relating to the issuance of said Utilities Tax
Revenue Notes, Subordinate Services 1989; authorizing the proper
officers of the City to do all other things deemed necessary or
advisable in connection with the issuance of said notes; and providing
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Agenda
Meeting of 6/13/89
for an effective date.
approval.
City Manager and City Attorney recommend
27. GIFT TREE FOR SISTER CITY- MIYAZU, JAPAN: Consider purchase of a
Dogwood Tree for'Miyazu, Japan.
28. AWARD OF BIDS AND CONTRACTS:
A. Radio Maintenance for Police/Fire Communications system-
Motorola Communications and Electronics Inc. in the amount of
$51,467.40, with funding from Police Support Repair & Upkeep
Equipment (Account No. 001-2113-521-33.32).
B. Ground Water Modeling for potential Western Wellfield Site
(Morikami)- Geraghty and Miller in the amount of $13,500 with
funding from 1988 Refinanced Water and Sewer Bond Fund (Account
No. 441-5162-536-60.41).
C. Playground Equipment for Pompey Park to low bidders listed
below:
Olympic Recreations, Inc. for play structure and installation _
$7,038.00
Hunter-Knepshield Co. for benches and other items including
installation- $1,876.66
Joe W. Teel, Inc. for installation (only) of shelters, grills,
tables, litter receptacles and play equipment.- $6,974.00
RCP Shelters, Inc. for a shelter - $4,748.00
Miracle Recreation Equipment Co. for grills tables litter
receptacles and play equipment- $2,133.00
Total amount of $22,769.66 to be funded from Capital Impact Fund-
Playground Equipment (Account No. 334-4172-572-62.01).
D. Auditing Services for a three year period
ending September 30, 1989 to September 30,
Whinney in the amount of $66,650 per year
adjustments with funding from departmental
Auditing Services Line items.
29. Comments and Inquiries on Non-Agenda Items:
for fiscal years
1991- Ernst and
with annual CPI
Accounting and
A. Commission
B. City Attorney
C. City Manager
30. WORKSHOP ITEMS:
A. Presentation- H. Kurt Kettlehut and Associates reo
Landscape Plans for North Federal Highway, from N.E. 8th Street
to north City limits (City Manager).
B. Establishment of a Land Development Regulations Committee
to assist in the development of new land development regulations
consistent with the City's Comprehensive Plan and to explore and
consider the combination and re-distribution of functions of the
Boards of Planning and Zoning; Adjustment; and Community
Appearance. (City Manager).
C. Consideration of a proposed ordinance amending Section
173.345 "Setback Regulations" by adding a new subsection (G) to
permit roof eaves to project over zero lot lines up to a maximum
of 18 inches if adequate gutters are provided to prevent run-off
onto contiguous property, providing that eaves or other overhangs
do not project over utility easements (City Manager).
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Agenda
Meeting of 6/13/89
D. Discussion of timing for Bond Issue (Mayor).
E. Update on Tennis Center acquisition (City Manager).
F. City Use of Adult Bookstore Property (City Manager/City
Attorney).
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CITY OF DELRAY BEACH, FLORIDA
REGULAR MEETING - CITY COMMISSION
June 13, 1989
7 P.M.
ADDENDUM
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.
THE REGULAR AGENDA IS AMENDED TO INCLUDE:
11. TRANSFER OF CITY CEMENTERY AND MAUSOLEUM SALES: Additional
information from the City Attorney's offic~.
THE CONSENT AGENDA IS AMENDED TO INCLUDE:
27A - CHANGE ORDER REQUESTS/COMPREHENSIVE BEAUTIFICATION PLAN:
A. Landscaping for East Linton Boulevard (between I-95 and A-I-A)
- Tuttle's Nursery and Lawn Care, Inc. - increase of $3,661.00.
B. Irrigation contract for West Atlantic/I-95 Interchange _ All
Green Lawn Sprinklers - decrease of $7,429.31.
C. Irrigation contract for Linton Boulevard/I-95 Interchange _
All Green Lawn Sprinklers - decrease of $16,267.33.
D. Irrigation on East Linton between I-95 and A-1-A
Irrigation - increase of $10,755.00.
Net decrease of $9,280.64 to the beautification bond fund.
R & D
CITY OF DELRAY BEACH, FLORIDA
REGULAR MEETING - CITY COMMISSION
June 13, 1989
7 P.M.
ADDENDUM
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.
THE REGULAR AGENDA IS AMENDED TO INCLUDE:
11. TRANSFER OF CITY CEMENTERY AND MAUSOLEUM SALES: Additional'
information from the City Attorney's office.
THE CONSENT AGENDA IS AMENDED TO INCLUDE:
27A - CHANGE ORDER REQUESTS/COMPREHENSIVE BEAUTIFICATION PLAN:
A. Landscaping for East Linton Boulevard (between I-95 and A-I-A)
- Tuttle's Nursery and Lawn Care, Inc. - increase of $3,661.00.
B. Irrigation contract for West Atlantic/I-95 Interchange _ All
Green Lawn Sprinklers - decrease of $7,429.31.
C. Irrigation contract for Linton Boulevard/I-95 Interchange _
All Green Lawn Sprinklers - decrease of $16,267.33.
D. Irrigation on East Linton between I-95 and A-1-A
Irrigation - increase of $10,755.00.
Net decrease of $9,280.64 to the beautification bond fund.
R & D
[Iry DF DELAAY BEA~.~~
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OELRAY BtACH. rLonlOA 33444 . 30~/278'2841
MEMORANDUM
Date:
June 12, 1989
To:
City Commiasion
Walter O. Barry, City M.itnager ~
Assignment of the Mausole~ and Cemetery Sales
~reement to Pre-Arranqement of Delrav. Inc.
From:
Subject:
Total Prearrangement, Inc, the company' that is currently undel:
a contract with the City to sell cemetery spaces, merchandise,
and mausol.eum units, has been deficient in the funding of
escrow accounts and payments to t1:l.e City due to their gross
mismanagement and Possible fra.uQulent activities. This was
discovered during a recent review of company records performed
by our Internal AUditor at the suggesti.on' of the Finance
Department which questioned the cash. flow in the cemetery
funds. In addition, '1'01;.a1 prearran5/ements, Inc. violated their
oontract wi.th the City by making ce1:tain misrepresentations. to
the purChasers and impl!!menting non-City approved marketing
plans.
The assignment of tho sales operation f.rem 'rotal prearrange-
ment, lnc to Prearrangements of Delray, Inc., a corporation
whose principal is Russ Yeager, is on th!! agenda for your
consideration on June 13, 1989. Mr. Yeager's outllne for
red.eeming the various account def'icienciea and satisfying the.
other potential pro~lems haa'been relayed to you in your agenda.
package. This m.emo was written after staff had an opportunity
to meet wi,th Mr. Yeager. on June 9 and modify certain aspecta of
the agreement.
If the assignment is appr.oved by the City COIlllllission on June
13, Mr.. Yeager will attempt to finaliz,e negotiation wi t1:l. Mr.
Aubrey and be.gin carrying out contractual ohligations as
outlined in the agreement with the. City, 1mmediately. The
modifications to that agreement which are set forth ~low, will
be placed on your consent agenda fox approval on June 27.
Mr. Yeager's plan will ~e suppl~ented in the followin.g manner:
1. The contract will be amended to require that. an annual
financial statement audited by a Florida. C.P.A. be pro-
vided, with revenue and e~nd1.ture. detail' as required by
the Ci t.y.
2. The various. escrow accounts used to fund construction and
merchandise pw:chasas will conti.n\,\e to ret,IUire both: the
C1 ty and i?rearrangelllent. s s1gnatu:.res in order to release
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City Commission
June 12, 1989
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funds. - The contra'c:t will be amended to indicate. that all
escro~ accounts must be fUlly invested in mutua~ly agreew
able investments. and th.t proceeds from sueh escrow
accounts, which are not needed for the: const;ruct1on of
spaces or purchase of mel:chancUlle, shall belong to Prear-
rangements of DelzllY, :Lnc::.
3. The contract shall. inolude a provls1on that no transfer of
St.ook in the corporation shall be made without. City
Commission's prior approval.
4. There is the POlOsibilltythatprior management may have
given away free spaces and not recorded SUCh transactions,
aod thet:efore Prearrangements of De.lray, Inc. shall be
responsible to pay the. City for up to eight space.s per
year at that rate of $175 per space and to the extent the
City accepts mere thml eigbt. sUCh spaces, Prearrangements
of Delray, Ino. will not be entitled to any cOIllpensat.1on.
5. prea.rrangements of t1elray, Inc. will bury indigenes only
wi th the expres.s approval. of tbe City and shall not be
entitled. to any CO\IIIl,iS'Sionson SUch incUgent sales.
6. Repayment of cOlIlIlIlssion due to the City shall be acceler~
ated to the extent ther.e are pre-taxed profits. The City
shall share in. 50\ of the year-en4 pre-taxed prof.i.ta in
addition to receiving the lllon:thJ.y $1,000 pa.yments unti~.
such time as the ar.rear~ea.re oleared.
Due to the City I S expe::iel:loe 1oi1 tb Mr. Yeager's predecessor, a
closer watch on this business shal.l be maintained, ana 1.n-
oreas.ed contractual' sa.fe9WIXds are beinl# buUt. In. C.ity staff
<1oes not believe a recurrence. of the past experienoe is likely.
It appears that M.r. Yea.~r is a consideral:lly more astute
business perSOIl than his predecessor's were and has, been fully
cooperative in this matter with City staff. Hr. Ye.ager's
resume is attached along with . personnel. references being
available from Father. Hike Cassell of St. Joseph's Episcopal
Church and Bill. Plum from carney Bank.
Should any cornmissioner have
matter, please do not hesitate
the June 13 Commission meeting.
any questions concerning this
to contaot our office prior to
WOS :me
co: Robert A. 5ar.cinskJ., Assistant Ci..ty Mana.ger
Jeffrey S. !\urtz, ASSistant City Attorney
Joseph Weldon, Director of Parka and Recrea.ti.on
RUsse 1,1 'leager, Total Prearrangements of Oelra.y, Inc.
Reeve Bright, Esq. .
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MEMORANDUM
TO:
MAYOR AND CITY CO~~SIONERS '
CITY MANAGER D~>'.,', '-Z.'j
AGENDA REPORT - MEETING OFL&UNE 13, 1989
FROM:
SUBJECT:
DATE:
June 9, 1989
PUBLIC HEARINGS
Item No. 7 (Ordinance No. 35-89) This Ordinance adopts the National
Electric Code, 1987 edition, as recommended and published by the
National Fire Protection Association for the installation of wiring
and electrical apparatus.
Recommend approval of Ordinance No. 35-89.
REGULAR AGENDA
Item No. 9 Request
requesting $500 to send
Association's World and
Notre Dame University.
Recommend consideration of request for fundinq in the amount of $500
for Jeanne's Twirlinq Machine's trip to the National Baton Twirlinq
Association's World and National Championships.
,
for Funding. Jeanne's Twirling Machine is
eight girls to the National Baton Twirling
National Championships, July 24th- 29th, at
Item No. 10 Appointment of Four Members to the Historic Preservation
Board. Four members of the Historic Preservation Board have terms
which expired June 9th. Each of the four members are eligible for
reappointment and have requested same.
The Historic Preservation Board recommends reappointment of incumbents
Patricia Healy, David Martin, Alice Finst and Diane DeMarco.
Recommend appointment of four members to the Historic Preservation
Board to terms endinq June 9, 1991.
Item No. 11 Transfer of City Cemetery and Mausoleum Sales. Following
an audit performed by staff several deficiencies were noted in the
management of Cemetery and Mausoleum sales by Total Prearrangement
Inc. Total Prearrangement Inc. was unable to correct the
deficiencies satisfactorily. A re-organization occurred and a new
firm, with new management and staff was formed for cemetery and
mausoleum sales.
Recommend a roval of transfer
from Total Prearranqement, Inc.
June 15, 1989.
Item No. 12 Site and Development Plan Approval- Groves of Delray.
Mr. Glen Haggerty is requesting approval of a site and development
plan for the Groves of Delray, a proposed 150 unit townhouse
development to be located north of Linton Boulevard on the east side
of S.W. 10th Avenue. This project has a long history dating back to
the time of annexation in the summer of 1987. Several site plan
considerations have been reviewed and each was rejected as not being
in compliance with specific development pOlices or requirements.
of Cit Cemeter and Mausoleum sales
to Prearranqement, Inc. e fective
The Planning and Zoning Board at its April 17th meeting recommended
denial by a (4-1) vote based upon a finding that the proposed site and
development plan does not meet the standards for evaluating site ana
development plans applications. A complete staff report is included
AGENDA REPORT
Meeting of June 13, 1989
in the your agenda packet as the backup material for this item.
Recommend denial of the site and development plan for the Groves of
Delray.
Item No. 13 Request for Waiver of Conditions- Happy Times Day Care.
Nathaniel and Mamie Owens are requesting a waiver of conditions placed
upon their Conditional Use approval. The Planning and Zoning Board
had requested that an additional five foot right-of-way for S.W. 1st
Avenue be granted along with replatting of the entire parcel. In lieu
of replatting the Owens' have agreed to grant the right-of-way by Quit
Claim Deed and provide a unity of title.
Recommend consideration of request for waiver of conditions for Happy
Times Day Care.
CONSENT AGENDA
Item No. 14 Approval of Extension of Lease for the City Attorney's
Office. This extension provides for office space on a month to month
basis with a requirement of 120 days notice of intent to cancel the
lease or vacate the premises. The rental charges are the same as last
years at $1,260.83 per month. An increase to $1,409.17 will go into
effect on June 1, 1990 if the City Attorney has not moved from the
site. All of the terms and conditions of the lease remain the same.
Recommend approval of extension of lease for City Attorney's Office.
Item No. 15 Interlocal Agreement Between the Cities of Delray Beach
and Boca Raton. This is a renewal agreement between the Cities of
Delray Beach and Boca Raton for mutual aid during fire emergencies.
This agreement covers the period December 1, 1988 to December 1, 1993.
Recommend approval of a mutual aid aqreement for emerqency fire
services between the City and Boca Raton.
Item No. 16 Approval of Unisys Settlement Agreement. This item is for
approval of the settlement agreement document in regards to the Unisys
matter. Provisions of this agreement provide for settlement of all
disputes involving the B1900 CMS System and B26 System as well as all
associated software and services by Unisys. The agreement does not
settle or release any separate claims we may have against D.M. Data
Corporation, an entity independent of Unisys.
We will be responsible for disassembling the B1900 CMS and B26 Systems
for return to Unisys before October 1, 1989. Once the system is
deinstalled and available for return to Unisys they will present us
with a check for $202,500, minus any amounts due Unisys as equipment
rental or products maintenance. The detailed agreement is enclosed as
backup material for this item.
Recommend acceptance of settlement aqreement document for the Unisys
matter.
Item No. 17 Sale of Police Canine. Office Robert Musco has applied
to purchase an eight year old police canine known as Carlo who is
being retired. Since the market value on a retired dog is relatively
low and a relationship has been established with the dog'S police
handler it is recommended that this canine be sold for $1.
Recommend a roval of the sell of Police Canine Carlo to Officer
Robert Musco or 1.00.
Item No. 18 Sale of Police Canine. Sergeant Thomas Tustin has
applied to purchase a four year old police canine known as Casey who
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AGENDA REPORT
Meeting of June 13, 1989
is being retired. - Since the market value on a retired dog is
relatively low and a relationship has been established with the dog's
police handler it is recommended that this canine be sold for $1.
Recommend a~proval
Tustin for 1.00.
of
the
sell
of
Police Canine Casey to Serqeant
Item No. 19 Request for Sidewalk Sale Approval. The Atlantic Avenue
Association has requested authorization to conduct a sidewalk sale on
Atlantic Avenue between Swinton and AlA in conjunction with the 4th of
July holiday. The sale will be planned for Friday, June 30th and
Saturday, July 1st. In addition they are requesting permission for
WDBF Radio to operate a golf cart along Atlantic Avenue while
conducting a live remote broadcast between 11 a.m. and 3 p.m.,
Saturday, July 1st. No disruption of public service will occur during
this event.
Recommend approval of a sidewalk sale on Atlantic Avenue between
Swinton and AlA to be conducted by the Atlantic Avenue Association on
June 30th and July 1st.
Item No. 20 Acceptance of Easement Deed. Dr. Charles Smith has
agreed to grant an easement for an existing storm drain which runs
through the west 10 feet of Lot 58 in Delray Beach Shores to a finger
canal. This easement deed is required in conjunction with the City's
Storm Drainage Rehabilitation project.
Recommend acceptance of an easement deed for an existinq storm drain
located on Lot 58 in Delray Beach Shores.
Item No. 21 Initiation of Rezoning Holt Property. Staff is
requesting authorization to initiate rezoning for the Holt property at
N.E. 1st Street from CF to RM-10. This property was rezoned from
RM-10 to CF by Ordinance 33-88 in June 1988 for the purpose of
proceeding with a CRA parking garage. Subsequently the project was
not pursued and hence the property owner is requesting that the
property be returned to its previous designation of RM-10 with the
City absorbing the costs for the rezoning action.
Recommend authorization to initiate rezoninq of the Holt property
located at N.E. 1st Street from CF to RM-10.
Item No. 22 Mooring Buoy Installation. Mr. Peter Morrissette is
requesting approval to install a mooring buoy in a maintenance Spoil
Area off the Intracoastal Waterway near the intersection of Casuarina
Road and Venetian Drive. The City Attorney and City Engineer have
reviewed this request and find it in order.
Recommend approval of request to construct a
maintenance spoil area off the Intracoastal
intersection of Casurina Road and Venetian Drive.
moorinq buoy in a
Waterway near the
Item No. 23 Resolution No. 29-89. This item is a Resolution
assessing costs for abatement action required to remove junked and/or
abandoned vehicles on properties throughout the City. The Resolution
sets forth the actual costs incurred and provides the mechanism to
attach a lien on this property in the event the assessments remains
unpaid.
Recommend a roval of Resolution No. 29-89 assess in costs for abatin
jun ed an lor aban oned vehicles within t e City.
Item No. 24 Resolution No. 30-89. This item is a Resolution
assessing costs for abatement action required to remove an unsafe
building on property at 327 N.W. 8th Avenue. The Resolution sets
forth the actual costs incurred and provides the mechanism to attach a
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AGENDA REPORT
Meeting of June 13, 1989
lien on this property in the event the assessment of $2090.00 remains
unpaid.
Recommend approval of Resolution No. 30-89 assessinq costs for abatinq
an unsafe buildinq within the City.
Item No. 25 Resolution No. 31-89. This is a Resolution authorizing a
utility tax bond issue not to exceed $5,000,000. The proceeds from
this bond issue will be used to fund various City projects. Although
other funding sources are anticipated to payoff the loan, the
agreement requires this authorization as a form of guaranteed
collateral. Among those projects are: Old School Square ($300,000);
Tennis Center ($1,029,000); East Atlantic Avenue Phase II ($830,000);
Fire Station No. 2 ($450,000); City Hall Expansion ($700,000);
Allamanda Gardens ($100,000); N.W. Drainage ($700,000); and
Contingency ($191,000).
Recommend approval of Resolution No. 31-89.
Item No. 26 Resolution No. 32-89. This is a Resolution authorizing
Utility Tax Revenue Notes- Subordinate Series 1989 in the amount of
$4.3 million; approval of a short term financing agreement with
Midlantic National Bank; and authorization for the execution of the
agreement.
Recommend approval of Resolution No. 32-89.
Item No. 27 Purchase of Gift Tree for Sister City - Miyazu, Japan.
Item No. 28 Award of Bids and Contracts:
A. Radio Maintenance for Police/Fire Communications system-
Motorola Communications and Electronics Inc. in the amount of
$51,467.40, with funding from Police Support Repair & Upkeep
Equipment (Account No. 001-2113-521-33.32).
B. Ground Water Modeling for potential Western Wellfield Site
(Morikami)- Geraghty and Miller in the amount of $13,500 with
funding from 1988 Refinanced Water and Sewer Bond Fund (Account
No. 441-5162-536-60.41).
C. Playground Equipment for Pompey Park to low bidders listed
below:
Olympic Recreations, Inc.- for play structure and installation
- $7,038.00
Hunter-Knepshield Co. for benches and other items including
installation- $1,876.66
Joe W. Teel, Inc. for installation (only) of shelters, qrills,
tables, litter receptacles and pay equipment.- $6,974.00
RCP Shelters, Inc. for a shelter - $4,748.00
Miracle Recreation Equipment Co. for grills tables litter
receptacles and play equipment- $2,133.00
Total amount of $22,769.66 to be funded from Capital Impact Fund-
Playground Equipment (Account No. 334-4172-572-62.01).
D. Award Contract- Auditing Services for a three year period for
fiscal years ending September 30, 1989 to September 30, 1991-
Ernst and Whinney in the amount of $66,650 per year with annual
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AGENDA REPORT
Meeting of June 13, 1989
CPI adjustments with funding from various funds Accounting and
Auditing Services Line items.
Item No. 29 Comments and Inquiries on Non-Agenda Items:
A. Commission
B. City Attorney
C. City Manager
Item No. 30 WORKSHOP ITEMS:
A. Presentation- H. Kurt Kettlehut and Associates on Landscape
Plans for North Federal Highway, from N.E. 8th Street to north
City limits (City Manager).
B. Establishment of a Land Development Regulations Committee
to assist in the development of new land development regulations
consistent with the City's Comprehensive Plan and to explore and
consider the combination and re-distribution of functions of the
Boards of Planning and Zoning; Adjustment; and Community
Appearance. (City Manager).
C. Consideration of a proposed ordinance amending Section
173.345 "Setback Regulations" by adding a new subsection (G) to
permit roof eaves to project over zero lot lines up to a maximum
of 18 inches if adequate gutters are provided to prevent run-off
onto contiguous property, providing that eaves or other overhangs
do not project over utility easements (City Manager).
D. Discussion of timing for Bond Issue (Mayor).
E. Update on Tennis Center acquisition (City Manager).
F. City Use of Adult Bookstore Property (City Manager/City
Attorney) .
- 5 -
M E M 0 RAN DUM
To:
Frank Spence, Director of Development Services
n3
From:
Lula Butler, Community Improvement Director~
Nancy Davila, Horticulturist/Special Projects Coordinator ~~
Via:
Re:
CHANGE ORDER REQUESTS/COMPREHENSIVE BEAUTIFICATION PLAN
Date:
June 12, 1989
Attached herewith are 4 separate change order requests for
projects currently under construction which would result in
of $9,280.64 to the beautification bond fund. The projects
below:
beautification
a net decrease
are identified
1.
2.
3.
4.
Irrigation for Linton/I-95 Interchange net decrease
Irrigation for W. Atlantic Ave. I-95 Int. net decrease
Irrigation for East Linton (I-95 to A-1-A) net increase +
Landscaping for E. Linton (I-95 to A-I-A) net increase +
$16,267.33
7,429.31
10,755.00
3,661.00
$ 9,280.64
The changes are specifically outlined in the change order request forms, but
generally, the reduction in irrigation at both interchanges was due to a
more streamlined and efficient design. The increase for the irrigation on
East Linton was due largely to changing from centrifical to submersible
pumps, which is necessiated by the field reports of an extremely low water
table. The increase to the landscaping contract for East Linton resulted
from the upgrading of the heights of some material to provide 8 feet of
clear trunk as required by the County and to substitute Washingtonia Palms
for Sabal Palms to be consistant with West Linton Boulevard.
cc: John Walker, Engineering
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CHANGE ORDER
No. 1
Da't~d June 9
, 19
89
Project No. Bid # 89-19, Landscaping East Linton between I-95 and A-1-A
Project Name: Landscaping East Linton
333-4141-572-61.25
Owner
City of Delray Beach, Florida
Contractor: Tuttle's Nursery & Lawn Care, Inc.
Contract Date: 4-6-89
To: Brian Tuttle, Owner, Tuttle's Nursery
You are directed to make the following changes in the subject contract:
Additions and deletions of plant material as indicated in Attachment A
which changes are more specifically described in the attached amended plans, drawings
and specifications.
The reason for the change is as follows : Deletions of plant materials to take into
account proposed turning lane and median taper into Ocean Properties Parcel. Elimination
of plant materials over 30" in median west of Railroad to maintain adequate visability
of RR crossing signa s. Su stitut on 0 as ngton a a ms n eu 0 a a a IDS to e
consistant with West Linton, and upgrading size of trees to provide 8 feet of clear trunk
as required by the County.
The contract price and contract time shall be adjusted because of the changes as follows:
A. Contract Price
1. Contract price prior to this change order: $49,946.50
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CHANGE ORDER No.
1
Project name Landscaping - East Linton Boulevard
2. Net increase resulting from this change order:
$3,651. 00
3. Net decrease resulting from this change order:
4. Current contract price including this change order:
$53,597.50
B. Contract Time
1. Contract time prior to this change order: 120 days -Notice to proceed
issued 4-19-89
2. Net increase resulting from this change order: none
3. Current contract time including this change order:
120 days
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 , 19 . I
all the provisions of the Contract Document related to Project No.
which are not inconsistant with the terms of this change order shall
and apply to all work undertaken pursuant to this change order.
understand that
Bid II 89-19
remain in effect
Witness:
, Contractor
As to Contractor
By:
Title
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ADDITIONS
QUANTITY
46
6
150
DELETIONS
46
15
420
10
200
24
4
52
CHANGE ORDER NO I, BID NO.89 -19
Landscaping - East Linton Boulevard
DESCRIPTION
Green Buttonwood Trees 16' x 8', 8' C.T. @ 250.00
Dahoon Holly 16' x 8", 8' C.T. @ 275.00
Indian Hawthorne @7.50
Washingtonia Palms
Green Buttonwood 12' ht x 6' spd, 6' C.T. @ $130.00
Dahoon Holly 12' ht x 6' spd @ $150.00
Boston Fern @ 2.50
Live Oak 14' ht @ $150.00
Firecracker Plants @ 3.00
Sabal Palms @ 100.00
Wax Myrtle @ 120.00
Fhakahatchee Grass @ 7.00
Original Contract Amount
Additions
Deletions
New Contract Amount ___________________________
Net increase $ 3,651.00
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PRICE
$11,500.00
1,650.00
1,125.00
4,000.00
$18,275.00
$ 5,980.00
2,250.00
1,050.00
1,500.00
600.00
2,400.00
480.00
364.00
$ 14,624.00
$ 49,946.50
+ 18,275.00
14,624.00
$ 53,597.50
CHANGE ORDER
No. 1
Dated
6-8
,198....L
Project No. Bid II 89-26, 333-4141-572-61. 22
Project Name: Irrigation - I-95/West Atlantic Avenue
Owner: City of Delray Beach, Florida
Contractor:
A 11_ t'::n:.pn T ~l.trn ~pr-fnld pre:
Contract Date:
'i-IO-R9
To: Ben Ellis. President. All Green Lawn SDrink~tractor
You are directed to make the following changes in the subject contract:
Adhere to revised plans prepared b H. Kurt Kettelhut & Associates which ,result in
a4d1tiQRS 2Rd dQlgtjQB~ PQr "attaGhSmQRt
which changes are more specifically described in the. attached amended plans, drawings, an
specifica tions.
The reason for the change is as follows: To reduce installation costs of the irrigation
system while maintaining an efficient and functional system.
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: ~41 140 1 R
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CHANGE ORDER # 1
Irrigation, West Atlantic/I-95
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2. Net increase resulting from this change order: Net decrease $7,429.31
3. Current contract price including this change order:
$33,910.87
B. Contract Time
1. Contract time prior to this change order: Nnr;o~"n prno~~~ ~ee".~ T,,"^ 2, 1989
2. Net increase resulting from this change order:
nonp
3. Current contract time including this change order: 60 days
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 th
provisions of the Contract Document related to Project No. II~Q_?~ which are no
inconsistent with the terms of this Change Order shall remain In e fect and apply to all worl
undertaken pursuant to this Change Order.
.Witness:
, CONTRACTOR
As to Contractor
By:
Title
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CHANGE ORDER REQUEST BID # 89-26
Irrigation Atlantic Ave/I-95
AIlDlTIONS
QUANTITY
DESCRIPTION
12
17
38
20
11
2
2
2
2
2
2
2
2
2
2
1350
2
2
500
260
570-12P Heads @ 14.18
570-6P Heads @ 13.08
5612 Heads @ 83.86
5610 Heads @ 83.86
2" Toro electric valves @ 75.06
Toro 128-06-01 @ 231.74
Goulds 3656SP 5 HP Pump @ 859.96
Denmark Arts Pump Enclosures @ 331.25
3" Wye strainer @ 96.00
Low pressure switch @ 40.78
4" concrete slab @ 198.75
2" gate valve @ 12.20
Silent check valve @ 202.73
5" Gravel Pack WElls 2x70
Meters @ 256.00
Feet of electrical wiring
electric pumps @ 993.75
Pressure relief valves @ 84.97
Feet of 21" mainline @ .721
Feet of 3" mainline @ 1.062
DELETIONS
125'
3
5
1360
5
5
11
13
73
14
6
12
980
5
Feet Jack & Boring @ 41.08
Aquamisers @ 250.43
Richdel IBOC-4 @ 725.00
2" mainline @ .501
2" double check valve @ 504.00
2" vacuum breaker @ 312.00
hose bibs @ .26.50
valve boxes @ 23.52
5600 Heads @ 70.00
Richdel 11" electric valves @ 124.75
2" Richdel electric valves @ 136.08
Brooks valve boxes @ 23.52
Feet of # 14 wire @ .056
2" gate valves @ 26.50
Original Contract Amount
Additions
Deletions
New Contract Amount --------------------------
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PRICE
$ 170.16
222.36
3,186.68
1,677.20
825.66
463.48
1,719.92
662.50
192.00
81. 56
397.50
24.40
405.46
6,493.20
530.00
10,600.00
1,987.50
169.94
360.50
276.12
$30,446.14
5,135.00
751. 29
3,625.00
681. 36
2,520.00
. 1,560.00
291. 50
305.76
5,110.00
1,746.50
820.80
282.24
54.88
132.50
$ 23,016.83
$ 41,340.18
+ 30.446.14
23.016.83
$ 33,910.87
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CHANGE ORDER
No. 1
Dated
6-8
, 198~
Project No. Rio 1/ RQ_7<;, 111-1.161_<;77_1\1 71.
Project Name: Trr; g,q ti nn _ T _Q ~ fT." ntnn 'Rn1l1 p",qTn
Owner: City of Delray Beach, Florida
Contractor: Ben Ellis - All-Green Lawn Sprinklers
Contract Date: 5-10-89
To: Ben Ellis
, Con tractor
You are directed to make the following changes in the subject contract:
Annp-re to reviRen. plans prepRl"'ed hy H. Knrt Kettelnnt &. Asso~iates which re.!=lult in the
additions and deletions of materials as specified in 'Attachment A'.
which changes are more specifically described in the. attached amended plans, drawings, anI
specifications.
The reason for the change is as follows: Tn TPr'!IIf'P t'hp ;nc::"'~11.Rtinn f"nc:.tcz nf t'h&l i,..,..ig.Rt'inn
'Whilp m::lint::!ininr ::In pffirpnt ::Inn fl1nf"t'ionRl c::y~tpm
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: ~ 71 ,6R 1 11
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CHANGE ORDER #-L- Irri!lation. I-95/Linton Boulevard
2. Net innMnse resulting fr~m this change order: Net decrease $16.267.33
, '
3. Current contract price including this change order: $55.215.98
B. Contract Time
1. Contract time prior to this change order: N '
nt'l('j;I t-n I''J"r",,'.oorl -{~~1Iqd ~ '7 at'
2. Net increase resulting from this change order: No rh"ngp
3. Current contract time including this change order: 60 davs
City of Delray Beach, Florida, OWNER
By:
Attest:
Doak Campbell. III.. Mayor
City Clerk
City of Delray Beach
Approved as to form:
Ci ty Attorney
The above changes are accepted on , 198 . I understand that all th
provisions of the Contract Document related to Project No. 89-=25 which are nc
inconsistent with the terms of this Change Order shall remain in effect and apply to all wor
undertaken pursuant to this Change Order.
W itn ess:
, CONTRACTOR
As to Contractor
By:
Title
.,.
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CHANGE ORDER REQUEST BID NO. 89-25
Irrigation, I-95/Linton Boulevard
ADDITIONS
Quantity
68
1
165
1
2,160
1740
2
2
. DELETIONS
28
42
2
31
12
12
3
2
4
2
2
2
2
2
2
2
1
2
1220
2
2
Description
5600 heads @ $70.00
Toro 128-06-01 @ $231.74
feet of linael Jack & Boring @ $41.08
4" open end well
1114 wire
feet 3" mainline @ 1. 062
Goulds 5 HP 3656 Pumps @ 859.96
5 H.P. submersible pumps
5610 heads @ 83.86
5612 heads @ 83.86
570 6P heads @ 13.08
570-12P heads @ 14.18
2" Toro electric valve @75.06
Brooks valve boxes @ 23.52
Toro 124-06-01 @ 171.26
Aquamiser @250.43
Goulds XSH30 @ 447.98
Denmark Arts pump enclosures
3" Wye Strainer @96
Low pressure switch @40.78
4" slab @ 198.75
2" gate valves@ 26.50
Silent check valves@202.73
hose bibs @26.50
5" gravel pack well
FP&L meters @ 265.00
Underground electrical wiring
Electrical to the pumps
feet of 2" mainline
pressure relief valves @ 84.97
Goulds 5 HP 3656 @ 859.96
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$ 4,760.00
231. 74
6,778.20
9,240.00
120.96
1,847.88
1,719.92
4,800.00
. $29,498.70
$ 2,348.08
3,522.12
26.12
439.58
900.72
282.24
513.78
500.86
-1,791.92
662.50
192.00
81.56
397.50
53.00
405.46
53.00
12,986.40
530.00
15,590.00
1,987.00
611. 83
169.94
1,719.92
$45,766.03
Original Contract Amount
Additions +
Deletions
New Contract Amount --_______________________
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29,498.70
45,766.03
$55,215.98
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CHANGE ORDER
No. 1
Dated June 9
, 19
89
Project No. Bid No. 89-23 - 333-4141-572-61.25
Project Name: Irri ation - East Linton Boulevard from I-95 to A-I-A
Owner
City of Delray Beach, Florida
Contractor: R & D Irrigation, Inc.
Contract Date: 4-6-89
To: Richard Rockwood, R & D Irrigation
You are directed to make the following changes in the subject contract:
1. Install irrigation system in median # 12 per revised plans ($900.00)
2. Replace centrifical pumps with submersible pumps ($6,860.00)
3. Provide additional heads and multistation clock to median #3 ($750.00)
4. Replace existing pump on median #13 and existing single station clock ($500.00)
5. Provide Jack & Bore for median #12 & extend well depth as required ($1,795.00)
which changes are more specifically described in the attached amended plans, drawings
and specifications.
The reason for the change is as follows
1. Not included on original plan, 2. Water
w to use centrifica1 urn s 3. chan es in median confi uration due to re-
alli nment of Germantown Road 4. U rade to existin s stem ,5. J & B and additional
well depth approved in contract at extended prices.
The contract price and contract time shall be adjusted because of the changes as follows:
A. Contract Price
1. Contract price prior to this change order:
$37,000.00
Page one of two Pages
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CHANGE ORDER No.
1
Project name Irrigation - East Linton Boulevard
2. Net increase resulting from this change order: $10.755.00
3. Net decrease resulting from this change order:
4. Current contract price including this change order: $47,755.00
B. Contract Time
1. Contract time prior to this change order: 90 days (Notice to proceed
issued 4-18-89)
2. Net increase resulting from this change order: none
3. Current contract time including this change order:
90 days
CITY OF DELRAY BEACH, FLORIDA, OWNER
By:
Attest:
City Clerk
City of Delray Beach
Approved as to form:
City At torney
The above changes are accepted on . 19 . I understand that
all the provisions of the Contract Document related to Project No.
which are not inconsistant with the terms of this change order shall remain in effect
and apply to all work undertaken pursuant to this change order.
Witness:
. Contractor
As to Contractor
By:
Title
Page Two of Two Pages
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CHANGE ORDER BID NO. 89-23
Irrigation - East Linton Boulevard
ADDITIONS
QUANTITY
DESCRIPTION
PRICE
1
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18
30
40
Multi-station clock median #13 $ 100.00
Multi-station clock 'Richdel Lawn Geni' Med. #13 150.00
Pop-up heads & Valve to operate 2 zones, med #3 600.00
Pop-up heads median #12 900.00
feet of Jack & Bore @ 32.00/ft 1,280.00
extended price per foot for wells 8' @ 25.00,9 @ 35. 515.00
5 H.P 4" submersible pumps (net to replace centrifical) 3,300.00
2 H.P.4" submersible pumps (net to replace centrifical)1,100.00
control boxes with security hardware 800.00
4x2 well seals 200.00
feet submersible pump cable 260.00
feet I inch retrieving cable 150.00
se.tting pumps with trucks 600.00
pcs. 2" galvanized 21' length 350.00
miscellaneous galvanized fittings 100.00
11 H.P. pump for median #13 & electrical hook-up 350.00
3
1
4
4
320
320
4
8
1
$10,755.00
Original Contract Amount
Additions
$37,000.00
10,755.00
$47,755.00
New contract amount
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RESOLUTION NO. 32-89
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DEIRAY
BEACH, FLORIDA AUTHORIZING THE ISSUANCE OF $4,300,000
AGGREGATE PRINCIPAL AMOUNT OF UTILITIES TAX REVENUE NarES,
SUBORDINATE SERIES 1989, OF THE CITY OF DELRAY BEACH,
FLORIDA, FOR THE PURPOSE OF PROVIDING SHORT TERM FINANCING
FOR THE COSTS OF CERTAIN CAPITAL PROGRAMS AND PROJECTS;
PROVIDING FOR THE TERMS AND PAYMENT OF SAID UTILITIES TAX
REVENUE NOTES, SUBORDINATE SERIES 1989, AND THE RIGHTS,
REMEDIES AND SECURITY OF THE OWNERS THEREOF; MAKING CERTAIN
COVENANTS RELATING TO THE ISSUANCE OF SAID UTILITIES TAX
REVENUE NOTES, SUBORDINATE SERIES 1989; AUTHORIZING THE
PROPER OFFICERS OF THE CITY TO DO ALL OTHER THINGS DEE2mD
NECESSARY OR ADVISABLE IN CONNECTION WITH THE ISSUANCE OF
SAID NOTES; AND PROVIDING FOR AN EFFECTIVE ~TE.
WHEREAS, the City Commission of the city of Delray Beach,
Florida (the "city Commission"), has determined that it is in the
best interest of the city of Delray Beach, Florida (the "City") to
provide short term financing of the projects (as such term is defined
below); and,
WHEREAS, the city has determined that it is necessary to
authorize the issuance of $4,300,000 aggregate principal amount of
City of Delray Beach, Florida, utilities Tax Revenue Notes,
SUbordinate Series 1989 (the "Notes"), for the purpose of financing
the construction, acquisition and equipping of the Projects; and
WHEREAS, the Notes shall be secured by a pledge of and lien
on the proceeds of the utilities Tax (as defined below), subject and
subordinate in all respects to the pledge of and lien on such
utilities Tax proceeds for the payment of the outstanding Bonds (as
such term is defined below), and the City Moneys (as defined below)
budgeted and appropriated for the payment of the Notes pursuant to
section 3.4.A. of this Resolution.
NOW, THEREFORE, be it resolved by the City commission of
the City of Delray Beach, Florida, as follows:
ARTICLE I
STATUTORY AUTHORITY; FINDINGS AND DEFINITIONS
SECTION l.l. AUTHORITY FOR THIS RESOLUTION. This
Resolution is adopted pursuant to the provisions of the Charter of
the city of Delray Beach, Florida, as amended and supplemented, the
Florida Constitution, Chapter l66, Florida statutes, as amended and
supplemented, and other applicable provisions of law.
SECTION l.2. FINDINGS. It is hereby ascertained, deter-
mined and declared:
-1-
Res. No. 32-89
A. That the city hereby authorizes the following capital
projects and the financing and refinancing of such capital projects
subject to specific final approval by the city commission of each
component set forth below (i) acquisition and/or improvements to or
for the Delray Beach Tennis Center; (ii) certain additions and
improvements to the city Hall; (iii) historical renovation and resto-
ration; (iv) drainage improvements; (v) improvements to East Atlantic
Avenue; (vi) construction of Fire station #2; (vii) certain infra-
structure improvements and all other costs and expenses associated
therewith, as more fully set forth in section 1.2.G. hereof; and
(viii) any other capital project permitted under the Act, provided
that Bond Counsel shall first deliver to the city an opinion to the
effect that the substitution of Projects will not adversely affect
the exclusion of interest on the Notes from gross income for Federal
income tax purposes (collectively, the "Projects"). Such Projects
may be initially Dinanced from all or a part of the proceeds derived
from the Notes issued pursuant to this Resolution, all in accordance
with plans and specifications filed or to be filed with and approved
or to be approved by the City commission.
B. That it is necessary and essential to construct and
acquire the projects in order to preserve and promote the safety and
welfare of the citizens of the City.
C. That the Projects will serve valid municipal purposes.
D. That the city has heretofore issued and has now out-
standing $290,000 principal amount of utilities Tax Revenue
Certificates, Series 1967, $3,280,000 principal amount of utilities
Tax Revenue certificates, Series 1978, and $9,955,000 utilities Tax
Revenue Bonds, Series 1987, each of which debt obligations are at
parity and rank equally with each other, as to lien on and source and
security for payment from the utilities Tax proceeds and in all other
respects, under the applicable certificate Resolution and 1987 Bond
Resolution.
E. That, pursuant to proceedings heretofore adopted, the
City has been levying a tax on the purchase of certain utilities ser-
vices (the "utilities Tax"), the proceeds of which tax are not
pledged or encumbered in whole or in part in any manner or for any
purpose other than for the payment of the outstanding Bonds (as
herein defined).
F. That the lien of the Notes authorized herein on the
proceeds of the utilities Tax, when issued, shall be junior and sub-
ordinate, as to the lien of the outstanding Bonds on the utilities
Tax proceeds and in all other respects to the pledge and lien granted
to the outstanding Bonds.
G. That the cost of the Projects shall be deemed to
include, but not be limited to, the cost of construction and improve-
ments, the cost of real estate, including easements and other inter-
ests therein, or any other property real or personal, necessary
therefor; administrative expenses; engineering and legal expenses;
expenses for fiscal agents or financial services; expenses for esti-
mates of costs and of utilities Tax proceeds; expenses for plans,
specifications and surveys; and such other expenses as may be
necessary or incidental to the Projects and the issuance of the Notes
herein authorized.
-2-
Res. No. 32-89
H. That the principal of and interest on the Notes shall
be paid solely from the Pledged Revenues (as defined herein); and the
ad valorem taxing power of the city will never be necessary or autho-
rized to pay the principal of and interest on the Notes, and the
Notes issued pursuant to this Resolution shall not constitute a lien
upon any other property whatsoever of or in the city.
I. That the City, having previously solicited competitive
bids for the sale of the Notes, has determined that the lowest bid
for the Notes was delivered by Midlantic National Bank.
SECTION l.3. DEFINITIONS. That as used herein the follow-
ing terms shall have the following meanings unless the context other-
wise clearly requires:
(a) "Act'" shall mean the Florida constitution, Chapter 166
of the Florida Statutes, as amended and supplemented and the Charter
of the City of Delray Beach, Florida, as amended and supplemented,
and other applicable provisions of the law.
(b) "Bank" shall mean Midlantic National Bank, the initial
Noteholder.
(c) "Bond Counsel" shall mean Mudge Rose Guthrie Alexander
& Ferdon or any other firm of nationally recognized bond counsel
selected by the Issuer.
(d) "City" shall mean the city of Delray Beach, Florida, a
municipal corporation in the County of Palm Beach, State of Florida,
and its successors and assigns.
(e) "city commission" or "City Council" shall mean the
duly constituted governing body of the City.
(f) "City Moneys" shall mean the moneys budgeted and
appropriated by the city from not otherwise pledged, restricted or
encumbered Non-Ad Valorem Revenues pursuant to the City's covenant to
budget and appropriate such Non-Ad Valorem Revenues contained in
section 3.4.A. of this Resolution. City Moneys shall not include the
proceeds from the utilities Tax.
(g) "Code" shall mean the Internal Revenue Code of 1986,
as amended, the applicable Treasury Regulations promulgated thereun-
der and any administrative or judicial interpretations of the same
published in a form on which the City may rely as a matter of law.
(h) "Debt Service Fund" shall mean the Delray Beach
Subordinate Note Debt Service Fund, created and established pursuant
to this Resolution and which is the fund in which the Pledged
Revenues shall be deposited by the city for the payment of the
Notes.
(i) "Defeasance Obligations" shall mean, to the extent
permitted by law, the following securities:
(a) u.S. obligations;
(b) Any bonds or other obligations of any state
of the United states of America or of any agency,
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Res. No. 32-89
instrumentality or local governmental unit of any such
state (i) which are not callable prior to maturity or
as to which irrevocable instructions have been given
to the trustee of such bonds or other obligations by
the obligor to give due notice of redemption and to
call such bonds for redemption on the date or dates
specified in such instructions, (ii) which are secured
as to principal and interest and redemption premium,
if any, by a fund consisting only of cash or bonds or
other obligations of the character described in clause
(a) hereof which fund may be applied only to the pay-
ment of such principal of and interest and redemption
premium, if any, on such bonds or other obligations on
the maturity date or dates thereof or the redemption
date or dates specified in the irrevocable instruc-
tions referred to in subclause (i) of this clause (b),
as appropriate, and (iii) as to which the principal of
and interest on the bonds and obligations of the char-
acter described in clause (a) hereof which have been
deposited in such fund along with any cash on deposit
in such fund are sufficient to pay principal of and
interest and redemption premium, if any, on the bonds
or other obligations described in this clause (b) to
and including the maturity date or dates thereof or to
and including the redemption date or dates specified
in the irrevocable instructions referred to in sub-
clause (i) of this clause (b), as appropriate;
(c) Evidences of indebtedness issued by the
Federal Home Loan Banks, Federal Home Loan Mortgage
corporation (including participation certificates),
Federal Financing Banks, or any other agency or
instrumentality of the United states of America cre-
ated by an act of Congress provided that the obliga-
tions of such agency or instrumentality are uncondi-
tionally guaranteed by the united states of America or
any other agency or instrumentality of the united
states of America or of any corporation wholly-owned
by the united states of America; and
(d) Evidences of ownership of proportionate
interests in future interest and principal payments on
obligations described in (a) held by a bank or trust
company as custodian.
(j) "Interest Rate" shall mean the rate of interest on the
Notes which, when calculated on a 360-day basis, shall be equal to
seven and one-eighth percent (7.l25%) per annum.
(k) "1987 Bonds" shall mean the outstanding utilities Tax
Revenue Bonds, Series 1987, authorized by the 1987 Bond Resolution.
(1) "Non-Ad Valorem Revenues" shall mean all legally
available revenues (excluding the proceeds from the utilities Tax) of
the city, contained in the city's General Fund, derived from any
source whatever other than ad valorem taxation on real and personal
property which are legally available for payment of debt service by
the City.
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Res. No. 32-89
(m) "Notes" shall mean the $4,300,000 aggregate principal
amount of utilities Tax Revenue Notes, Subordinate Series 1989,
authorized by this Resolution.
(n) "Noteholder" or "Owner" or "Holder" or any similar
term shall mean any person who shall be the registered owner of any
Note or Notes outstanding under this Resolution.
(0) "Original Resolution" shall mean Resolution
Number 1429, adopted by the city council on November 26, 1962, autho-
rizing the issuance of $l,100,000 utilities Tax Revenue Certificates,
series 1962.
(p) "Outstanding Bonds" shall mean the utilities Tax
Revenue Certificates, Series 1967 (the "1967 Certificates"), issued
pursuant to the Original Resolution, and Resolution Number 26-67,
adopted by the City council on October 30, 1967, the Utilities Tax
Revenue Certificates, Series 1978 (the "l978 Certificates"), issued
pursuant to the Original Resolution, and Resolution Number 65-78,
adopted by the City Council on July 24, 1978, and the utilities Tax
Revenue Bonds, Series 1987 (the "1987 Bonds"), issued pursuant to the
Original Resolution, and Resolution No. 69-86, adopted by the City
Commission on December 30, 1986, as amended and supplemented by
Resolution No. 7-87, adopted by the City Commission on February 17,
1987 (the "l987 Resolution") and any additional parity obligations
issued pursuant to the Original Resolution.
(q) "Paying Agent" shall mean the bank or trust company
and any successor bank or trust company appointed by the City to act
as paying Agent hereunder.
(r) "Payment Date" shall mean each June 1 and December 1
commencing December 1, 1989, or any date the principal of the Notes
is optionally prepaid in whole or in part.
(s) "Pledged Revenues" shall mean, (i) with respect to the
payment of interest on the Notes, the Utilities Tax proceeds depos-
ited in the Debt Service Fund each month after the deposits required
by Section 5 of the Original Resolution have been made by the Issuer,
subject to the prior lien on such moneys for the payment of the
Outstanding Bonds, and, (ii) the City Moneys deposited in the Debt
Service Fund in accordance with the terms of this Resolution for pur-
poses of payment of the principal and/or interest on the Notes.
(t) "Registrar" shall mean the bank or trust company and
any successor bank or trust company appointed by the City to act as
Registrar hereunder.
(u) "Resolution" shall mean this Resolution as the same
may from time to time be amended and supplemented in accordance with
the terms hereof.
(v) "u. S. Obligations" shall mean the direct obligations
of, or obligations on which the timely payment of principal and
interest are unconditionally guaranteed by the United States of
America, and, if determined by subsequent proceedings of the City
Commission, certificates which evidence ownership of the right to the
payment of the principal of, or interest on, such Obligations.
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Res. No. 32-89
(w) "utilities Tax" shall mean the tax imposed by the City
on each and every purchase in the City of electricity, metered and
bottled gas (natural liquified petroleum gas or manufactured) and
water service. said term shall also apply to all taxes imposed by
the City on the purchase of utility services, whether levied in the
amounts prescribed by the Utilities Tax Ordinance or in any other
amounts and whether imposed on the purchase of the same utilities
services or any other or additional utilities services, either by
amendment to the utilities Tax Ordinance or otherwise.
(x) "utilities Tax Ordinance" shall mean all proceedings
imposing the Utilities Tax, including Ordinance No. 535 of the City
adopted on July 9, 1945, as amended, and every supplementary ordi-
nance or other ordinance in lieu thereof as may hereafter be
adopted.
Words importing singular number shall include the plural
number and vice versa, as the case may be, and words importing per-
sons shall include firms and corporations.
SECTION 1.4. RESOLUTION CONSTITUTES CONTRACT. In consid-
eration of the acceptance of the Notes authorized to be issued here-
under by those who shall own the same from time to time, this
Resolution shall be deemed to be and shall constitute a contract
between the City and the Noteholder and the covenants and agreements
herein and therein set forth to be performed by said City shall be
for the benefit, protection and security of the Noteholder.
ARTICLE II
AUTHORIZATION, TERMS, EXECUTION AND
REGISTRATION OF NOTES
SECTION 2.l. AUTHORIZATION OF NOTES. Subject and pursuant
to the provisions of this Resolution, obligations of the City of
Delray Beach, Florida, to be known as "utilities Tax Revenue Notes,
Subordinate Series 1989" are hereby authorized to be issued in the
aggregate principal amount of Four Million Three Hundred Thousand
Dollars ($4,300,000) for the purpose of providing short term financ-
ing for ~he costs of the Projects.
SECTION 2.2. DESCRIPTION OF NOTES. The text of the Notes
shall be substantially in the form attached hereto as Exhibit A with
such omissions, insertions and variations as may be necessary and
desirable, as evidenced by the City's execution thereof.
The Notes shall bear interest at the Interest Rate payable
on each Payment Date of each year, commencing December l, 1989.
Interest only on the Notes shall be payable on each Payment Date
until June 1, 1994 (the "Maturity Date"). The principal of the Notes
and all accrued and unpaid interest on the Notes shall be payable on
the Maturity Date. The Notes shall be issued in registered form,
shall be in the denomination of $lOO,OOO each or any integral multi-
ple thereof.
Principal shall be payable at the principal corporate trust
office of the Paying Agent. Each Note shall be numbered in such
manner as may be prescribed by the Registrar. The Notes shall be
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Res. No. 32-89
payable by check or draft made payable to the Holder of Notes and
mailed to the address of such Holder of Notes, as such name and
address shall appear on the registration books of the City maintained
by the Registrar at the close of business on the fifteenth day of the
calendar month preceding each Payment Date or the date the principal
amount is paid; provided, however, that, if such 15th day is a
Saturday, Sunday or holiday, then to the registered Holder and at the
address shown on the registration books of the City maintained by the
Registrar at the close of business on the day next preceding such
l5th day of the month which is not a Saturday, Sunday or holiday
(herein the "Record Date"); provided, however, that payment of inter-
est on the Notes may, at the option of any Holder of Notes in an
aggregate principal amount of at least $1,000,000 be transmitted by
wire transfer to the Holder to the bank account number on file with
the Paying Agent as of the Record Date. The Notes authenticated
prior to the first , Payment Date shall be dated and bear interest from
June l4, 1989. Notes authenticated subsequent to the first Payment
Date shall bear interest from the next preceding Payment Date on
which such interest has been paid, unless such Note is registered on
a Payment Date or between a Record Date and the next succeeding
Payment Date, then from such Payment Date if interest is then paid,
as the case may be; provided, however, that, if and to the extent
there is a default in the payment of the interest due on such Payment
Date, such defaulted interest shall be paid to the persons in whose
name Notes are registered on the registration books of the City main-
tained by the Registrar at the close of business on the fifteenth day
prior to a subsequent Payment Date established by notice mailed by
the Registrar to the registered owner not less than the tenth day
preceding such subsequent Payment Date.
The Notes shall be payable, with respect to interest, prin-
cipal and premium, if any, in any coin or currency of the United
States of America which at the time of payment is legal tender for
the payment of public and private debts.
The Notes shall be subject to prepayment, at the option of
the City, in whole or in part, at any time without premium or
penalty. The Registrar shall provide written notice to the
Noteholders, whose Notes were selected by the Registrar (by lot) for
early redemption, at least twenty (20) days prior to the redemption
date. The City shall deposit the amount of prepayment plus accrued
interest to the date of redemption with the Paying Agent prior to the
aforementioned notice being sent by the Registrar.
SECTION 2.3. EXECUTION OF NOTES. The Notes shall be exe-
cuted in the name of the City by the signature of the Mayor of the
City and its official seal shall be affixed thereto or imprinted or
reproduced thereon and attested by the City Clerk. The signatures of
the Mayor of the City and City Clerk on the Notes may be manual or
facsimile signatures. In case anyone or more of the officers who
shall have signed or sealed any of the Notes shall cease to be such
officer of the City before the Notes so signed and sealed shall have
been actually sold and delivered, such Notes may nevertheless be sold
and delivered as herein provided and may be issued as if the person
who signed or sealed such Notes had not ceased to hold such office.
~ny Note may be signed and sealed on behalf of the City by such
person who at the actual time of the execution of the Note shall hold
the proper office, although at the date the Notes shall be actually
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Res. No. 32-89
delivered such person may not have held such office or may not have
been so authorized.
The Notes shall bear thereon a certificate of authentica-
tion, in the form set forth on Exhibit A attached hereto, executed
manually by the Registrar. Only the Notes as shall bear thereon such
certificate of authentication shall be entitled to any right or bene-
fit under this Resolution and no Note shall be valid or obligatory
for any purpose until such certificate of authentication shall have
been duly executed by the Registrar. The certificate of authentica-
tion of the Registrar upon any Note executed on behalf of the City
shall be conclusive evidence that the Note so authenticated has been
duly authenticated and delivered under this Resolution and that the
Owner thereof is entitled to the benefits of this Resolution.
SECTION 2>.4. NEGOTIABILITY, REGISTRATION AND CANCELIATION.
At the option of the registered Owner thereof and upon surrender
thereof at the principal corporate trust office of the Registrar with
a written instrument of transfer satisfactory to the Registrar duly
executed by the registered OWner or his duly authorized attorney and
upon payment by the registered Owner of any charges which the
Registrar may make as provided in this Section, the Notes may be
exchanged for other Notes of the same maturity of any other autho-
rized denominations.
The Registrar shall keep books for the registration of the
Notes and for the registration of transfers of the Notes. Subject to
the requirements of Section 4.5 hereof, the Notes shall be transfer-
able by the Owner thereof in person or by his/her attorney duly
authorized in writing only upon the books of the City kept by the
Registrar and only upon surrender thereof together with a written
instrument of transfer satisfactory to the Registrar duly executed by
the Owner or his/her duly authorized attorney. Upon the transfer of
any such Note, the City shall issue in the name of the transferee a
new Note or Notes, provided an executed Purchaser Letter, the form of
which is attached hereto as Exhibit B, is provided to the Registrar.
The city, the Paying Agent and the Registrar may deem and
treat the person in whose name any Note shall be registered upon the
books kept by the Registrar as the absolute Owner of such Note,
whether such Note shall be overdue or not, for the pUrpose of receiv-
ing payment of, or on account of, the principal of and interest on
such Note as the same become due and for all other purposes. All
such payments so made to any such Owner or upon his/her order shall
be valid and effectual to satisfy and discharge the liability upon
such Note to the extent of the sum or sums so paid, and neither the
City, the Paying Agent nor the Registrar shall be affected by any
notice to the contrary.
In all cases in which the privilege of exchanging Notes or
transferring the Notes is exercised, the City shall execute and the
Registrar shall authenticate and deliver the Notes in accordance with
the provisions of this Resolution. All Notes surrendered in any such
exchanges or transfers shall forthwith be delivered to the Registrar
and cancelled by the Registrar in the manner provided in this
Section. There shall be no charge for any such exchange or transfer
of Notes, but the City or the Registrar may require the payment of a
sum sufficient to pay any tax, fee or other governmental charges
required to be paid with respect to such exchange or transfer.
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Res. No. 32-89
Neither the City nor the Registrar shall be required (a) to transfer
or exchange Notes for a period of 15 days next preceding a Payment
Date on such Notes or 15 days next preceding any selection of Notes
to be redeemed or thereafter until after the mailing of any notice of
redemption, or (b) to transfer or exchange any Notes called for
redemption.
All Notes paid or redeemed, either at or before maturity,
shall be delivered to the Registrar when such payment or redemption
is made, and such Notes, together with any Notes that may be pur-
chased by the City, shall thereupon be promptly cancelled. The Notes
so cancelled may at any time be destroyed by the Registrar, who shall
execute a certificate of destruction in duplicate by the signature of
one of its authorized officers describing the Notes so destroyed, and
one executed certificate shall be filed with the City and the other
executed certificate shall be retained by the Registrar.
SECTION 2.5. NOTES MUTILATED, DESTROYED, STOLEN OR LOST.
In case any Note shall become mutilated, destroyed, stolen or lost,
the City may execute and the Registrar shall authenticate and deliver
a new Note of like date, maturity and denomination as the Note so
mutilated, destroyed, stolen or lost; provided that, in the case of
any mutilated Note, such mutilated Note shall first be surrendered to
the City and, in the case of any lost, stolen or destroyed Note,
there shall first be furnished to the City and the Registrar evidence
of such loss, theft, or destruction satisfactory to the City and the
Registrar, together with indemnity satisfactory to them. In the
event any such Note shall be about to mature or have matured or have
been called for redemption, instead of issuing a duplicate Note, the
City may pay the same without surrender thereof. The City and the
Registrar may charge the Owner of such Note their reasonable fees and
expenses in connection with this transaction. Any Note surrendered
for replacement shall be cancelled in the same manner as provided in
Section 2.4 hereof.
Any such duplicate Notes issued pursuant to this Section
shall constitute additional contractual obligations on the part of
the City, whether or not the lost, stolen or destroyed Notes be at
any time found by anyone, and such duplicate Notes shall be entitled
to equal proportionate benefits and rights as to lien on the source
and security for payment from the Pledged Revenues, with all other
Notes issued hereunder.
SECTION 2.6. QUALIFIED TAX-EXEMPT OBLIGATIONS. The City
hereby designates the Notes to be issued pursuant to this Resolution
to be "qualified tax-exempt Obligations" within the meaning of
Section 265(b) (3) (B) of the Code.
ARTICLE III
COVENANTS, FUNDS AND APPLICATION THEREoF
SECTION 3.l. NOTES NOT TO BE INDEBTEDNESS OF THE CITY.
The Notes shall not be or constitute an indebtedness of the City
within the meaning of any constitutional, statutory or other limita-
tion of indebtedness, but shall be payable solely from the Pledged
Revenues. No Noteholder shall ever have the right to compel the
exercise of the ad valorem taxing power of the City, or taxation in
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Res. No. 32-89
any form of any real property therein, to pay said Notes or the
interest thereon. The pledge of the Pledged Revenues will not con-
stitute a lien upon any property of the City.
SECTION 3.2. NOTES JUNIOR AND SUBORDINATE TO OUTSTANDING
BONDS. The lien of the Notes on the proceeds of the utilities Tax
shall be junior and subordinate, as to the lien of the outstanding
Bonds on the utilities Tax proceeds and in all other respects, to the
pledge and lien granted to the Outstanding Bonds.
SECTION 3.3. NOTES SECURED BY PLEDGE OF PLEDGED REVENUES.
From and after the issuance of any of the Notes, and continuing until
the payment of all Notes as to principal and interest, the Pledged
Revenues shall continue to be pledged, subject to the prior lien with
respect to the utilities Tax proceeds set forth in Section 3.2, for
the prompt payment of principal of and interest on said Notes.
SECTION 3.4. COVENANTS OF THE CITY. As long as any of the
principal of or interest on any of the Notes shall be outstanding and
unpaid, or until there shall have been set apart in the Debt Service
Fund in accordance with Section 3.7 hereof a sum sufficient to pay,
when due, the entire principal of the Notes remaining unpaid,
together with interest accrued and to accrue thereon, the City cove-
nants with the Noteholder as follows:
A. Covenant to Budget and Appropriate. Until all of the
Notes are paid or deemed paid pursuant to the provisions of this
Resolution (to the extent that proceeds of the utilities Tax depos-
ited into the Debt Service Fund pursuant to Section 3.4.D. hereof
shall be, insufficient to pay interest and principal on the Notes),
the City hereby covenants to appropriate in its annual budget by
amendment if necessary, City Moneys in each fiscal year of the city,
in amounts sufficient to pay the principal of and interest on the
Notes, as the same become due. Notwithstanding the foregoing cove-
nant of the city, the city does not covenant to maintain any services
or programs, as provided or maintained by the City, which generate
Non-Ad Valorem Revenues other than such services or programs which
are for essential public purposes affecting the health, welfare and
safety of the inhabitants of the city. To the extent that the City
is in compliance above, this Resolution and the obligations of the
City contained herein shall not be construed as a limitation on the
ability of the city to pledge or covenant to pledge the Non-Ad
Valorem Revenues for other legally permissible purposes.
B. Tax Covenants Relating to the Internal Revenue Code of
1986, as amended. 1. In order to maintain the exclusion from gross
income for purposes of Federal income taxation of interest on the
Notes, the City covenants to comply with each requirement of the
Code. In furtherance of the covenant contained in the preceding sen-
tence, the City agrees to continually comply with the provisions of
the "Tax Certificate as to Arbitrage and Instructions as to
Compliance with the provisions of section 103(a) of the Internal
Revenue Code of 1986" to be executed by the city and delivered on the
date of issuance and delivery of the Notes, as such certificate may
be amended from time to time, as a source of guidance for achieving
compliance with the Code.
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Res. No. 32-89
(2) The City covenants and agrees with the Noteholders
that the city shall not take any action or omit to take any
action, which action or omission, if reasonably expected on the
date of initial issuance and delivery of the Notes, would cause
any of the Notes to be "private activity bonds" or "arbitrage
bonds" within the meaning of Sections 14l(a) and l48(a), respec-
tively, of the Code.
(3) Notwithstanding any other prov~s~on of this Resolution
to the contrary, so long as necessary in order to maintain the
exclusion from gross income for purposes of Federal income taxa-
tion of interest on the Notes, the covenants contained in this
section shall survive the payment of the Notes and the interest
thereon, including any payment or discharge thereof pursuant to
Section 3.7 of the Resolution.
(4) The City covenants and agrees with the Noteholders
that the City shall take all actions that are reasonably within
its control to ensure that the Notes shall qualify as bank
"qualified tax-exempt obligations" within the meaning of
section 265(b) (3) of the Code.
C. Establishment of Debt Service Fund. There is hereby
created and established the following fund entitled the "Delray Beach
Subordinate Note Debt Service Fund" (hereinafter referred to as the
"Debt Service Fund"). The Debt Service Fund shall constitute a trust
fund for the benefit of the Noteholder and shall be held by the City
and shall be kept separate and distinct from all other funds of the
City, and shall be used only for the purpose and in the manner pro-
vided in this Resolution. Notwithstanding the provisions of the next
preceding sentence, the City may deposit the Pledged Revenues in a
single bank account for the city, provided that adequate accounting
procedures are maintained to reflect and control the restricted allo-
cations of the funds on deposit therein for the various purposes of
such funds. The designation and establishment of the Debt Service
Fund in and by this Resolution shall not be construed to require the
establishment of any completely independent self-balancing fund, as
such term is commonly defined and used in governmental accounting,
but rather is intended solely to constitute an allocation of certain
revenues of the city for certain purposes and to establish certain
priorities for application of such revenues as provided herein.
Any excess amounts remaining in the Debt Service Fund after
payment has been made on the Notes on any Payment Date, may be with-
drawn and deposited at the direction of the city to be used for any
lawful municipal purpose.
Moneys on deposit in the Debt Service Fund may be invested
in u. S. Obligations or such other obligations as are permitted by
the applicable laws of the State of Florida, provided such invest-
ments mature not later than the next succeeding Payment Date.
Subject to the terms and provisions of the Code, all income and earn-
ings received from the investment and reinvestment of the moneys on
deposit in the Debt Service Fund shall remain on deposit in the Debt
Service Fund and be used in the same manner as other moneys on
deposit therein.
Any interest accrued on the Notes from their dated date to
the date of delivery shall be deposited into the Debt Service Fund.
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Res. No. 32-89
D. Disposition of Pledged Revenues. Not later than the
fifteenth day of each month, the city shall deposit in the Debt
Service Fund available Utilities Tax proceeds, subject to and depen-
dent upon satisfaction of all current deposit requirements of such
proceeds set forth in Section 5 of the Original Resolution, in an
amount equal to one-sixth (lj6) of an amount sufficient to pay the
interest becoming due on the Notes on the next Payment Date, and
shall further cause to be deposited into the Debt service Fund one
business day prior to each Payment Date City Moneys necessary to sat-
isfy any deficiency in the Debt service Fund on such date; provided,
however, that such deposit of the interest amount shall not be
required to be made to the extent that moneys on deposit in the Debt
Service Fund are sufficient for such purpose. The City covenants to
deposit, on the business day prior to the Maturity Date, Pledged
Revenues into the Debt Service Fund in an amount sufficient to pay
the outstanding pDincipal of and interest on the Notes.
SECTION 3.5. REMEDIES OF NOTEHOLDER. S h 0 u 1 d the C it y
default in its obligation created by this Resolution, the Noteholders
may, in addition to any remedy set forth in this Resolution, either
at law or in equity, by suit, action, mandamus or other proceeding in
any court of competent jurisdiction, protect and enforce any and all
rights under the laws of the state of Florida, or granted and con-
tained in this Resolution, and may enforce and compel the performance
of all duties required by this Resolution, or by any applicable stat-
utes to be performed by the City or by any officer thereof.
SECTION 3.6. APPLICATION OF NOTE PROCEEDS. The proceeds
of the Notes shall be used to provide short term financing for the
costs of the Projects. The city may substitute any of the Projects
for any other capital project permitted under the Act; provided that
Bond Counsel shall first deliver to the City an opinion to the effect
that the substitution of Projects will not adversely affect the
exclusion of interest on the Notes from gross income for Federal
income tax purposes.
The proceeds of the Notes shall be deposited in a fund
established by the City (herein the "Note Proceeds Fund"). No with-
drawals shall be made from the Note Proceeds Fund, except for legal,
financial and engineering expenses and fees, and expenses and fees in
connection with the construction of the projects and the issuance of
the Notes, without the written approval of the City Manager or his
designee and only upon receipt of a written requisition executed by
an authorized representative of the city, specifying the purpose for
which such withdrawal is to be made and certifying that such purpose
is one of the purposes provided for in this Resolution. If, for any
reason, the moneys in said Note Proceeds Fund, or any part thereof,
are not necessary for, or are not applied to the purposes provided in
this Resolution, then such unapplied proceeds shall be deposited,
upon certification of the city Manager or his designee that such sur-
plus proceeds are not needed for the purposes of the Note Proceeds
Fund, in the Debt Service Fund to the extent the moneys on deposit in
the Debt Service Fund are insufficient for such purpose or to prepay
all or a portion of the Notes and thereafter to the City to be used
for any lawful municipal purpose.
The moneys deposited in the Note Proceeds Fund may, pending
their use for the purposes provided in this Resolution, be
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Res. No. 32-89
temporarily invested in any investment which is permitted by the
applicable laws of the state of Florida.
SECTION 3.7. DISCHARGE AND SATISFACTION OF NOTES. The
covenants, liens and pledges entered into, created or imposed pursu-
ant to this Resolution may be fully discharged and satisfied with
respect to the Notes in anyone or more of the following ways:
(a) by paying the principal of and interest on the Notes
when the same shall become due and payable; or
(b) by depositing in the Debt Service Fund or such other
accounts as the City may hereafter create and establish by resolution
moneys sufficient at the time of such deposit to pay the Notes and
all interest thereon as the same become due on said Notes on or prior
to the maturity d&te thereof; or
(c) by depositing in the Debt Service Fund or such other
accounts as the City may hereafter create and establish by resolution
(which Debt Service Fund or other account and all moneys and securi-
ties deposited therein shall be irrevocably pledged to the
Noteholders for the payment of the Notes and all interest thereon)
moneys which, when invested in Defeasance Obligations, will provide
moneys which shall be sufficient to pay the Notes and, all interest
thereon as the same shall become due on said Notes on or prior to the
maturity date thereof. Upon such payment or deposit in the amount
and manner provided in this Section 3.7, the Notes shall no longer be
deemed to be outstanding for the purposes of this Resolution and all
liability of the City with respect to the Notes shall cease, termi-
nate and be completely discharged and extinguished, and the
Noteholders shall be entitled for payment solely out of the moneys or
securities so deposited.
ARTICLE IV
MISCELLANEOUS PROVISIONS
SECTION 4.1. MODIFICATION OR AMENDMENT.
No material modification or amendment of this Resolution or
of any resolution amendatory thereof or supplemental thereto, may be
made without the consent in writing of all of the Noteholders; pro-
vided, however, that no modification or amendment shall permit a
change in the maturity of such Notes or a reduction in the rate of
interest thereon.
This Resolution may be amended, changed, modified and
altered without the consent of the Noteholders, (i) to cure any ambi-
guity, correct or supplement any provision contained herein which may
be defective or inconsistent with any other provisions contained
herein, (ii) to provide other changes which will not adversely affect
the interest of such Noteholders, or (iii) to maintain the exclusion
of interest on the Notes from gross income for Federal income tax
purposes.
SECTION 4.2. ADDITIONAL AUTHORIZATION. The Mayor, the
City Manager, the Finance Director and any other proper official of
the City, be and each of them is hereby authorized and directed to
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Res. No. 32-89
execute and deliver any and all documents and instruments and to do
and cause to be done any and all acts and things necessary or proper
for carrying out the transactions contemplated by this Resolution.
SECTION 4.3. SEVERABILITY OF INVALID PROVISIONS. If any
one or more of the covenants, agreements or provisions of this
Resolution should be held contrary to any express provision of law or
contrary to the policy of express law, though not expressly prohibit-
ed, or against pUblic pOlicy, or shall for any reason whatsoever be
held invalid, then such covenants, agreements or provisions shall be
null and void and shall be deemed separate from the remaining cove-
nants, agreements or provisions, and shall in no way affect the
validity of any of the other provisions of this Resolution or of the
Notes issued hereunder.
SECTION ~.4. PAYING AGENT AND REGISTRAR. Midlantic
National Bank and Trust Co./Florida, having its corporate trust
office in Fort Lauderdale, Florida, is hereby appointed to act as
Paying Agent and Registrar for the Notes.
SECTION 4.5. SOPHISTICATED INVESTOR LETTER.
Notwithstanding any provisions in this ReSOlution to the contrary as
a condition to the registration of transfer of the Notes, the pro-
posed Noteholder must provide the Registrar with an executed
Purchaser Letter in substantially the form attached hereto as
Exhibit B prior to or simUltaneously with the registration of
transfer.
SECTION 4.6. AWARD OF NOTES. Having determined that the
Bank submitted the lowest bid for the Notes consistent with the
Notice of Sale published on May 6, 1989 in THE MIAMI HERALD, the city
hereby awards the sale of Notes to the Bank.
SECTION 4.7. REPEALER. All resolutions and orders, or
parts thereof, in conflict herewith are, to the extent of such con-
flict, hereby repealed, and this Resolution shall take effect upon
its passage in the manner provided by law.
SECTION 4.8. EFFECTIVE DATE. This Resolution shall be
effective immediately upon its adoption.
Passed and adopted in regular session on this l3th day of
June, 1989.
Mayor
Attest:
city Clerk
-l4-
Res. No. 32-89
The foregoing resolution and the form of Note therein
contained are hereby approved by me as to form, language and
execution this 13th day of June, 1989.
City Attorney
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Res. No. 32-89
Exhibit A
FORM OF NOTE
No. R-
UNITED STATES OF AMERICA
STATE OF FLORIDA
CITY OF DELRAY BEACH, FLORIDA
utilities Tex Revenue Note, Subordinate Series 1989
Interest
Rate
7.125%
Maturity
Date
June l, 1994
Dated
Date
June 1, 1989
Registered Owner:
Principal Amount:
DOLLARS
KNOW ALL MEN BY THESE PRESENTS, that the City of Delray
Beach (the "City") in Palm Beach County, Florida, for value received,
hereby promises to pay from the sources herein mentioned, to the
Registered Owner specified above or registered assigns on the
Maturity Date specified above, upon the presentation and surrender
hereof at the corporate trust office of Midlantic National Bank and
Trust CO./Florida, as paying agent (said Midlantic National Bank and
Trust CO./Florida and any bank or trust company becoming successor
paying agent being herein called the "Paying Agent"), the Principal
Amount specified above, with interest thereon at the Interest Rate
specified above, payable on June 1 and December 1 of each year until
the City's obligation with respect to the payment of such Principal
Amount shall be discharged; provided, however, that interest shall be
paid by check or draft made payable to the registered owner and
mailed to the address of the registered owner as such name and
address shall appear on the registration books of the City maintained
by Midlantic National Bank and Trust CO./Florida, as Registrar (said
Midlantic National Bank and Trust Co./Florida and any bank or trust
company becoming successor Registrar being herein called the
"Registrar") at the close of business on the fifteenth day of the
calendar month preceding each interest payment date or the date the
principal amount is paid; provided, however, that if such fifteenth
day is a Saturday, Sunday or holiday, then to the registered owner
and at the registered address shown on the registration books of the
City maintained by the Registrar at the close of business on the day
next preceding such fifteenth day of the month which is not a
Saturday, Sunday or holiday (the "Record Date"); provided further,
however, that payment of interest on the Notes may, at the option of
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Res. No. 32-89
however, that payment of interest on the Notes may, at the option of
any Holder of Notes in an aggregate principal amount of at least
$1,000,000 be transmitted by wire transfer to the Holder to the bank
account number on file with the Paying Agent as of the Record Date.
Such interest shall be payable from the most recent interest payment
date next preceding the date of registration to which interest has
been paid, unless the date of registration is a June 1 or December 1
to which interest has been paid, in which case from such date, or
unless the date of registration is prior to December l, 1989, in
which case from June l4, 1989, or unless the date hereof is between a
Record Date and the next succeeding interest payment date, in which
case from such interest payment date; provided, however, that if and
to the extent there is a default in the payment of the interest due
on such interest payment date, such defaulted interest shall be paid
to the persons in whose name Notes are registered on the registration
books of the City maintained by the Registrar at the close of busi-
ness on the fifteenth day prior to a subsequent interest payment date
established by notice mailed by the Registrar to the registered owner
not less than the tenth day preceding such subsequent interest pay-
ment date. The Principal Amount and accrued interest thereon is pay-
able in any coin or currency of the United states of America, which,
on the date of payment thereof, shall be legal tender for the payment
of public and private debts.
This Note is one of an authorized issue of Notes authorized
to be issued in the aggregate principal amount of $4,300,000 of like
tenor and effect, except as to number and date of issue, under the
authority of and in full compliance with the Constitution and stat-
utes of the State of Florida, inClUding, particularly, Chapter l66,
Florida statutes, as amended and supplemented, the Charter of the
city of Delray Beach, Florida, and other applicable provisions of law
(the "Act"), and Resolution No. 32-89, duly adopted by the City on
the l3th day of June, 1989, as such resolution may be amended and
supplemented from time to time, and is subject to all terms and con-
ditions of said resolution (the "Note Resolution"). Any term used in
this Note and not otherwise defined, shall have the meaning ascribed
to such term in the Note Resolution. This Note has been designated
in the Note Resolution to be a "qualified tax-exempt obligation"
within the meaning accorded that term by Section 265(b) (3)(B) of the
Internal Revenue Code of 1986, as amended, and any successor to that
provision.
It is hereby certified and recited that all acts, condi-
tions and things required to exist, to happen, and to be performed,
precedent to and in the issuance of this Note exist, have happened
and have been performed in regular and due form and time as required
by the Laws and Constitution of the State of Florida and the Charter
of the City applicable thereto, and that the issuance of this Note,
and of the issue of Notes of which this Note is one, is in full com-
pliance with all constitutional or statutory limitations or
provisions.
This Note shall not be valid or become obligatory for any
purpose or be entitled to any security or benefit under the Note
Resolution until the certificate of authentication hereon shall have
been signed by an authorized officer of the Registrar.
This Note shall bear interest at the Interest Rate.
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Res. No. 32-89
Payments of interest only shall be payable semiannually on
each June 1 and December 1 (each a "Payment Date") of each year,
beginning on December l, 1989, until June 1, 1994 (the "Maturity
Date"). The principal of and interest on the Notes shall be payable
solely from: (i) the utilities Tax proceeds deposited in the Debt
Service Fund each month after the deposits required by Section 5 of
the Original Resolution have been made by the City, subject to the
prior lien on such moneys for the payment of the Outstanding Bonds,
and (ii) the City Moneys deposited in the Debt Service Fund in accor-
dance with the terms of the Note Resolution for purposes of payment
of the Notes (collectively, the "Pledged Revenues").
"City Moneys" shall mean the moneys budgeted and appropri-
ated by the City from not otherwise pledged, restricted or encumbered
Non-Ad Valorem Revenues pursuant to the City's covenant to budget and
appropriate such.Non-Ad Valorem Revenues contained in the Note
Resolution. City Moneys shall not include the proceeds from the
Utilities Tax.
"Non-Ad Valorem Revenues" shall mean all legally avail-
able revenues (excluding the proceeds from the Utilities Tax) of the
City, contained in the City's General Fund, derived from any source
whatever other than ad valorem taxation on real and personal property
which are legally available for payment of debt service by the City.
The City may prepay this Note in whole or in part, at any
time or from time to time, without penalty or premium, by paying to
the registered holder all or part of the principal amount of this
Note, together with the unpaid interest accrued on the amount of
principal so prepaid to the date of such prepayment. Each prepayment
shall be made on such date and in such principal amount as shall be
specified by the City in a written notice delivered to the Paying
Agent not less than twenty (20) days prior thereto. The Registrar
shall provide written notice to the holders of the Notes selected for
early redemption not later than twenty (20) days prior to the pro-
posed redemption date. Notice having been given as aforesaid, the
principal amount stated in such notice or the whole thereof, as the
case may be, shall become due and payable on the prepayment date
stated in such notice, together with interest accrued and unpaid to
the prepayment date on the principal amount then being paid; and the
amount of principal and interest then due and payable shall be paid
(i) in case the entire unpaid balance of the principal of this Note
is to be paid, upon presentation and surrender of the Note to the
principal corporate trust office of the Paying Agent of the City, and
(ii) in case only part of the unpaid balance of principal of this
Note is to be paid, upon presentation of such Note at the principal
corporate trust office of the Paying Agent for notation thereon of
the amount of principal and interest on the Note then paid or for
issuance of a replacement Note in the principal amount not redeemed.
If, on the prepayment date, funds for the payment of the principal
amount to be prepaid, together with interest to the prepayment date
on such principal amount, shall have been given to the Paying Agent,
as above provided, then from and after the prepayment date interest
on such principal amount of this Note shall cease to accrue. If said
funds shall not have been so paid on the prepayment date, the princi-
pal amount of the Note shall continue to bear interest until payment
thereof at the rate or rates provided for herein.
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Res. No. 32-89
The Notes, when delivered by the City pursuant to the terms
of the Note Resolution, shall not be or constitute an indebtedness of
the City within the meaning of any constitutional, statutory or other
limitations of indebtedness, but shall be payable solely from the
Pledged Revenues, as provided in the Note Resolution. No Noteholder
shall ever have the right to compel the exercise of the ad valorem
taxing power of the City, or taxation in any form of any real prop-
erty within the territorial boundaries of the city, to pay the Notes
or the interest thereon. Pursuant to the Note Resolution, the pledge
of the Pledged Revenues will not constitute a lien upon any property
of the City.
THE LIEN OF THE NOTES ON THE PROCEEDS OF THE UTILITIES TAX
SHALL BE JUNIOR AND SUBORDINATE, AS TO THE LIEN OF THE OUTSTANDING
BONDS ON THE UTILITIES TAX PROCEEDS AND IN ALL O'DIER RESPEcrs TO THE
PLEDGE AND LIEN GRANTED TO THE OUTSTANDING BONDS.
IN WITNESS WHEREOF, the City of Delray Beach, Florida, has
caused this Note to be signed by its Mayor, either manually or with
his facsimile signature, and the seal of the City Council of the City
of Delray Beach, Florida, to be affixed hereto or imprinted or repro-
duced hereon, and attested by the Clerk of the City, either manually
or with her facsimile signature, and this Note to be dated the Dated
Date set forth above.
(SEAL)
CITY OF DELRAY BEACH, FIDRIDA
ATTEST:
By:
Mayor
Clerk of the City of Delray
Beach, Florida
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Res. No. 32-89
FORM OF CERTIFICATE OF AUTHENTICATION
Date of Authentication:
This Note is one of the Notes delivered pursuant to the
within mentioned Note Resolution.
MIDLANTIC NATIONAL BANK AND
TRUST CO./FLORIDA, as
Registrar
By:
Authorized Officer
A-I
Res. No. 32-89
ASSIGNMENT
FOR VALUE RECEIVED the undersigned sells, assigns and
transfers unto
(please print or typewrite name, address and tax identification
number of assignee)
the within Note and all rights thereunder, and hereby irrevocably
constitutes and appoints
Attorney to transfer the within Note on the books kept for registra-
tion thereof, with full power of substitution in the premises.
Dated:
Signature Guaranteed:
In the presence of:
NOTICE: The signature to this
assignment must correspond
with the name as written upon
the face of the within Note
in every particular, without
alteration or enlargement, or
any change whatever.
A-2
Res. No. 32-89
Exhibit B
[Form of Purchaser Letter]
_l9
[Name and Address of
Registrar and Paying Agent]
Dear sirs:
Any term not defined in this letter shall have the meaning
ascribed to such term in the herein referred to Resolution. In con-
nection with the purchase by us of City of Delray Beach, Florida (the
"city"), utility Tax Revenue Notes, Subordinate Series 1989, (the
"Notes"), issued pursuant to Resolution No. 32-89 adopted by the City
on June l3, 1989 (the "Resolution"), we hereby certify as follows:
l. We understand that we will not receive from the City,
or any of its officers, employees or agents, any information with
respect to the Notes or the sufficiency of any security pledged for
such Notes, except for such information which is included in the
Resolution.
2. Neither the City nor any of its officers or employees
or agents will have any responsibility to us for the accuracy or com-
pleteness of information obtained by us from any source regarding the
security for the Notes or, subject only to the exception stated in
paragraph 1, for the accuracy of any such information; and we
acknowledge that, as between us and the City, we assume responsibil-
ity for obtaining such information and making such investigation as
we deem necessary or desirable in connection with our decision to
purchase the Notes.
3. We are a regulated investment company, regulated insur-
ance company or other "accredited investor" as defined in Rule 501 of
Regulation D of the Securities and Exchange Commission. If the
undersigned is a trust or corporation, we are duly and validly orga-
nized under the laws of our jurisdiction of incorporation or
organization. We can bear the economic risk of the purchase of the
Notes, and have such knowledge and experience in business and finan-
cial matters, including the analysis of a participation in the pur-
chase of similar investments, as to be capable of evaluating the
merits and risks of an investment in such Notes.
4. We intend to purchase Notes for our own account for
investment and not with a view to the distribution, transfer or
B-1
Res. No. 32-89
resale thereof. We will invest only after receipt of all information
we deem necessary to evaluate and make an informed investment deci-
sion with respect to our purchase of the Notes, and our purchase of
the Notes is confirmation that we have received such information.
5. In the event we sell, or issue a participation interest
in, any Notes we have purchased at some future time, we shall comply
with federal and state securities laws, at the time in effect as may
be applicable.
Notes.
6. We are duly and legally authorized to purchase the
7. Subject only to the exception stated in paragraph 1, we
will not rely on any action taken by the City, including, but not
limited to, issuance of the Notes, that the Notes, or the Projects
built with the proceeds of the Notes comply with the provisions of
any Federal or state law, rule or regulation.
Very truly yours,
By:
Its:
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Res. No. 32-89
STATE OF FLORIDA
COUNTY OF PALM BEACH
I, Elizabeth Arnau, do hereby certify that I am the duly
qualified City Clerk of the City of Delray Beach, Palm Beach County,
Florida.
I further certify that the above and foregoing constitutes
a true and correct copy of the minutes of a meeting of the City
Council of said city held on June 13, 1989, and of a resolution
adopted at said meeting, as said minutes and resolution are offi-
cially of record in my possession.
IN WITNESS WHEREOF, I have hereunto subscribed my official
signature and impressed hereon the official seal of the City of
Delray Beach this 13th day of June, 1989.
City Clerk
(SEAL)
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Res. No. 32-89
RESOLUTION NO. 31-89
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DEmAY
BEACH, FLORIDA, AUTHORIZING THE ISSUANCE OF Nor EXCEEDING
$5,000,000 AGGREGATE PRINCIPAL AMOUNT OF UTILITIES TAX
REVENUE BONIE OF THE CITY OF DEIRAY BEACH, FIDRIIlA, FOR THE
PURPOSE OF FINANCING THE COSTS OF CERTAIN CAPITAL PROGRAMS
AND PROJECTS: PROVIDING FOR THE TERMS AND PAYMENT OF SAID
UTILITIES TAX REVENUE BONDS AND THE RIGHTS, REMEDIES AND
SECURITY OF THE OWNERS THEREOF: MAKING CERTAIN COVENANTS
AND AGREEMENTS IN CONNECTION THEREWITH: AUTHORIZING THE
PROPER OFFICIALS OF THE CITY TO DO ALL 0'lHER 'IHINGS DEEMED
NECESSARY OR ADVISABLE IN CONNECTION WITH THE ISSUANCE OF
THE UTILITIES TAX REVENUE BONDS: AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Delray Beach, Florida, a Florida
municipal corporation (the "City") is authorized by law to issue rev-
enue bonds to finance a project within the meaning of
Section 166.101(8), Florida Statutes; and
WHEREAS, the city commission of the City of Delray Beach
(the "City Commission") has determined that it is in the best inter-
est of the City to authorize the issuance of Utilities Tax Revenue
Bonds (the "Bonds") to finance the costs of certain capital programs
and projects as more particularly described herein); and
WHEREAS, the Bonds are to be issued on parity with the 1967
Certificates, the 1978 Certificates and the 1987 Bonds in accordance
with the terms and provisions of Section 7 of the 1962 Certificate
Resolution (as all of such terms are defined below).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLlDWS:
ARTICLE I
STATUTORY AUTHORITY: FINDINGS AND DEFINITIONS
SECTION 1.1. AUTHORITY FOR THIS RESOLUTION. This
Resolution is adopted pursuant to the provisions of the Charter of
the City of Delray Beach, Florida, as amended and supplemented, the
Florida Constitution, Chapter 166, Florida Statutes, as amended and
supplemented, and other applicable provisions of law (collectively,
the "Act").
SECTION l.2. FINDINGS. It is hereby ascertained, deter-
mined and declared:
A. That the City hereby authorizes the following capital
projects and the financing and refinancing of such capital projects
subject to specific final approval by the city commission of each
component set forth below (i) the acquisition and/or improvements to
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Res. No. 31-89
or for the Delray Beach Tennis Center; (ii) certain additions and
improvements to the City Hall; (iii) historical renovation and resto-
ration; (iv) paving and drainage improvements; (v) improvements to
East Atlantic Avenue; (vi) construction of Fire station #2;
(vii) certain infrastructure improvements and all other costs and
expenses associated therewith including contingencies, legal fees and
engineering costs, as more fully set forth in section l.2.E. hereof;
and (viii) any other capital project permitted under the Act, pro-
vided that Bond Counsel shall first deliver to the City an opinion to
the effect that the substitution of Projects will not adversely
affect the exclusion of interest on the Notes from gross income for
Federal income tax purposes (collectively, the "Projects").
B. That it is necessary and essential to construct and
acquire the Projects in order to preserve and promote the safety and
welfare of the cibizens of the city.
C. That the Projects will serve a valid public purpose
under the Act.
D. That the proceeds of the Bonds shall be used to finance
the costs of the projects.
E. That the costs of the Projects shall be deemed to
include the cost of construction and improvements, the cost of real
estate, including easements and other interests therein, or any other
property real or personal, necessary therefor; administrative
expenses; reserve or other funds created and established pursuant to
the Certificate Resolutions, 1987 Resolution and this Resolution;
discount on the sale of the Bonds, if any; engineering and legal
expenses; expenses for fiscal agents or financial services; expenses
for estimates of costs and of utilities Tax proceeds; expenses for
plans, specifications and surveys; and such other expenses as may be
necessary or incidental to the Projects and the issuance of the Bonds
herein authorized.
F. That the City has heretofore issued and has now out-
standing $290,000 principal amount of utilities Tax Revenue
Certificates, series 1967 (the "1967 certificates"), $3,280,000 prin-
cipal amount of utilities Tax Revenue certificates, series 1978 (the
"1978 Certificates"), and $9,955,000 utilities Tax Revenue Bonds,
Series 1987 (the "1987 Bonds"), each of which were issued on a parity
and rank equally with each other, as to lien on and source and secu-
rity for payment from the utilities Tax proceeds and in all other
respects, under the 1962 certificate Resolution (as herein defined).
G. That, pursuant to proceedings heretofore adopted, the
City has been levying a tax on the purchase of certain utilities ser-
vices, the proceeds of which tax are not pledged or encumbered in
whole or in part in any manner or for any purpose other than for the
payment of the 1967 Certificates, the 1978 Certificates and the 1987
Bonds.
H. For the purposes of this Resolution, the Bonds autho-
rized herein are determined to be additional certificates within the
meaning of paragraph (2) of Section 7 of Resolution No. 1429, adopted
by the City on November 26, 1962 (the "l962 certificate Resolution"),
which Bonds shall be on a parity with the 1967 Certificates, the 1978
Certificates and the 1987 Bonds.
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Res. No. 3l-89
I. That, under the provisions of paragraph (2) of
section 7 of the 1962 Certificate Resolution, additional obligations
may be issued on a parity therewith for purposes other than refunding
if certain conditions prescribed in said paragraph (2) of section 7
are met, including the condition that the "utilities Tax proceeds
collected during twenty-four consecutive months of the last thirty
months immediately preceding the issuance of the additional certifi-
cates have been equal to three times the highest future annual prin-
cipal and interest requirement of all certificates then outstanding
and the certificates so proposed to be issued".
J. That the Bonds authorized herein, when issued, will
comply with all the provisions, conditions and limitations of
paragraph (2) of section 7 of the 1962 certificate Resolution.
K. That ~he principal of and interest on the Bonds and all
of the reserve and other payments provided for in this Resolution
will be paid solely from utilities Tax proceeds; and the ad valorem
taxing power of the city will never be necessary or authorized to pay
the principal of and interest on the Bonds, or to make any of the
reserve or other payments provided for in this Resolution, and the
Bonds issued pursuant to this Resolution shall not constitute a lien
upon any other property whatsoever of or in the City.
SECTION 1.3. DEFINITIONS. That as used herein the follow-
ing terms shall have the following meanings unless the context other-
wise clearly requires:
(a) "Bond Insurance Policy" shall mean an insurance
policy issued for the benefit of the OWners of any Bonds, pursuant to
which the Bond Insurer shall be obligated to pay when due the princi-
pal of and interest on such Bonds to the extent of any deficiency in
the amounts in the funds and accounts held under this Resolution, in
the manner and in accordance with the terms provided in such Bond
Insurance Policy.
(b) "Bond Insurer" shall mean the issuer of a Bond
Insurance Policy and its successors.
(c) "Bonds" and "Bonds herein authorized" shall mean the
not exceeding $5,000,000 aggregate principal amount of utilities Tax
Revenue Bonds authorized by this Resolution, which Bonds shall be
deemed to be additional certificates within the meaning of
paragraph (2) of section 7 of the 1962 certificate Resolution.
(d) "certificate Resolutions" shall mean, COllectively,
the 1962 certificate Resolution, the 1967 Certificate Resolution and
the 1978 certificate Resolution.
(e) "City" shall mean the city of Delray Beach, Florida, a
municipal corporation in the County of Palm Beach, State of Florida,
and its successors and assigns.
(f) "City commission"" shall mean the City Commission of
the city, which is the duly constituted governing body of the City
and which was formerly known as the city Council.
(g) "Code" shall mean the Internal Revenue Code of 1986,
as amended, the applicable Treasury Regulations promulgated
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Res. No. 3l-89
thereunder and any administrative or judicial interpretations of the
same published in a form on which the City may rely as a matter of
law.
(h) "Defeasance Obligations" shall mean, to the extent
permitted by law, the following securities:
(a) u.s. Obligations;
(b) Any bonds or other obligations of any state
of the United states of America or of any agency,
instrumentality or local governmental unit of any such
state (i) which are not callable prior to maturity or
as to which irrevocable instructions have been given
to the trustee of such bonds or other obligations by
the obligor to give due notice of redemption and to
call such bonds for redemption on the date or dates
specified in such instructions, (ii) which are secured
as to principal and interest and redemption premium,
if any, by a fund consisting only of cash or bonds or
other obligations of the character described in clause
(a) hereof which fund may be applied only to the pay-
ment of such principal of and interest and redemption
premium, if any, on such bonds or other obligations on
the maturity date or dates thereof or the redemption
date or dates specified in the irrevocable instruc-
tions referred to in subclause (i) of this clause (b),
as appropriate, and (iii) as to which the principal of
and interest on the bonds and obligations of the char-
acter described in clause (a) hereof which have been
deposited in such fund along with any cash on deposit
in such fund are sufficient to pay principal of and
interest and redemption premium, if any, on the bonds
or other obligations described in this clause (b) to
and including the maturity date or dates thereof or to
and including the redemption date or dates specified
in the irrevocable instructions referred to in sub-
clause (i) of this clause (b), as appropriate;
(c) Evidences of indebtedness issued by the
Federal Home Loan Banks, Federal Home Loan Mortgage
Corporation (including participation certificates),
Federal Financing Banks, or any other agency or
instrumentality of the united states of America cre-
ated by an act of Congress provided that the obliga-
tions of such agency or instrumentality are uncondi-
tionally guaranteed by the united states of America or
any other agency or instrumentality of the united
states of America or of any corporation wholly-owned
by the united states of America; and
(d) Evidences of ownership of proportionate
interests in future interest and principal payments on
obligations described in (a) held by a bank or trust
company as custodian.
(i) "Fiscal Year" shall mean that period commencing on
October 1 and continuing to and including the next succeeding
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Res. No. 3l-89
September 30, or such other annual period as may be prescribed by
law.
(j) "1962 certificate Resolution" shall mean Resolution
No. 1429 adopted by the city commission on November 26, 1962, autho-
rizing the issuance of $1,100,000 aggregate principal amount of the
1962 certificates.
(k) "1962 certificates" shall mean the utilities Tax
Revenue certificates, Series 1962, authorized by the 1962 Certificate
Resolution, which 1962 certificates have been paid in full.
(l) "1967 certificate Resolution" shall mean Resolution
No. 26-67 adopted by the City commission on October 30, 1967, autho-
rizing the issuance of $600,000 aggregate principal amount of the
1967 certificates..
(m) "l967 certificates" shall mean the outstanding
utilities Tax Revenue certificates, series 1967, authorized by the
1967 certificate Resolution.
(n) "1978 certificate Resolution" shall mean Resolution
No. 65-78 adopted by the City commission on July 24, 1978, authoriz-
ing the issuance of $4,500,000 aggregate principal amount of the 1978
certificates.
(0) "1978 certificates" shall mean the outstanding
utilities Tax Revenue Certificates, Series 1978, authorized by the
1978 Certificate Resolution.
(p) "1987 Bond Resolution" shall mean Resolution
No. 69-86, adopted by the City commission on December 30, 1986,
authorizing the issuance of the 1987 Bonds of the City in the aggre-
gate principal amount of $10,500,000, as such Resolution was amended
and supplemented by Resolution No. 7-87, adopted by the City
commission on February 17, 1987.
(q) "1987 Bonds" shall mean the outstanding utilities Tax
Revenue Bonds, Series 1987, authorized by the 1987 Bond Resolution.
(r) "Note Resolution" shall mean Resolution No. _-89,
adopted by the city commission on June 13, 1989, authorizing the
issuance of the Notes.
(s) "Notes" shall mean the not exceeding $4,300,000 aggre-
gate principal amount of utilities Tax Revenue Notes, Subordinated
Series, authorized to be issued pursuant to the terms and provisions
of the Note Resolution.
(t) "Outstanding Bonds" shall mean the 1967 certificates,
the 1978 Certificates, the 1987 Bonds, and any other Parity
certificates.
(u) "Owner" or "Holder" or any similar tenn shall mean any
person who shall be the registered owner of any Bond or Bonds out-
standing under this Resolution.
(v) "Parity certificates" shall mean obligations issued
on a parity with the Bonds herein authorized under the provisions of
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Res. No. 31-89
Section 7 of the 1962 Certificate Resolution, except as otherwise
provided in section 3.3 hereof and section 3.3 of the 1987 Bond
Resolution.
(w) "Paying Agent" shall mean the bank or trust company
and any successor bank or trust company appointed by the City to act
as Paying Agent hereunder.
(x) "Registrar" shall mean the bank or trust company and
any successor bank or trust company appointed by the City to act as
Registrar hereunder.
(y) "Resolution" shall mean this Resolution as the same
may from time to time be amended and supplemented in accordance with
the terms of the Resolution.
(z) "Tax certificate" shall mean the Tax certificate as to
Arbitrage and Instructions as to Compliance with provisions of
section l03(a) of the Internal Revenue Code of 1986, executed by the
City on the date of initial issuance and delivery of the Bonds, as
such Tax Certificate may be amended from time to time, and which
serves as a source of guidance for achieving compliance with the
Code.
(aa) "U. S. Obligations" shall mean the direct obliga-
tions of, or obligations on which the timely payment of principal and
interest are unconditionally guaranteed by the United states of
America, and, if determined by subsequent proceedings of the City
Commission, certificates which evidence ownership of the right to the
payment of the principal of, or interest on, such obligations.
(bb) "utilities Tax" shall mean the tax imposed by the
City on each and every purchase in the city of electricity, metered
and bottled gas (natural liquified petroleum gas or manufactured) and
water service. Said term shall also apply to all taxes imposed by
the city on the purchase of utility services, whether levied in the
amounts prescribed by the utilities Tax Ordinance or in any other
amounts and whether imposed on the purchase of the same utilities
services or any other or additional utilities services, either by
amendment to the utilities Tax Ordinance or otherwise.
(cc) "utilities Tax Ordinance" shall mean all proceedings
imposing the Utilities Tax, including Ordinance No. 535 of the City
adopted on July 9, 1945, as amended, and every supplementary ordi-
nance or other ordinance in lieu thereof as may hereafter be
adopted.
Words importing singular number shall include the plural
number and vice versa, as the case may be, and words importing per-
sons shall include firms and corporations.
SECTION 1.4. RESOLUTION CONSTITUTES CONTRACT. In consid-
eration of the acceptance of the Bonds authorized to be issued here-
under by those who shall own the same from time to time, this
Resolution, the 1987 Bond Resolution and each of the Certificate
Resolutions shall be deemed to be and shall constitute a contract
between the City and the Owners of such Bonds and the covenants and
agreements herein and therein set forth to be performed by said City
shall be for the equal benefit, protection and security of the Owners
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Res. No. 31-89
of any and all of the Bonds, all of which shall be of equal rank and
without preference, priority or distinction of any of the Bonds, over
any other thereof except as expressly provided therein and herein.
ARTICLE II
AUTHORIZATION, TERMS, EXECUTION AND
REGISTRATION OF BONDS
SECTION 2.l. AUTHORIZATION OF BONDS. Subject and pursuant
to the provisions of this Resolution, obligations of the city of
Delray Beach, Florida, to be known as "utilities Tax Revenue Bonds"
are hereby authorized to be issued in the aggregate principal amount
of not exceeding Five Million Dollars ($5,000,000) for the purpose of
financing or refinancing the Projects
SECTION 2.2. DESCRIPTION OF BONDS. The Bonds shall be
issued in registered form, shall be in the denomination of $5,000
each or any integral multiple thereof. The Bonds shall be in such
series, shall bear interest payable semiannually on June 1 and
December 1 of each year, shall mature within forty (40) years from
the date of issuance of the Bonds, annually on June 1 of each year,
shall be payable at such place or places within or without the state
of Florida and shall mature in such years and amounts, all as shall
be determined by subsequent proceedings of the City commission.
Principal shall be payable at the principal corporate trust office of
the Paying Agent. Each Bond shall be numbered in such manner as may
be prescribed by the Registrar. The Bonds shall bear interest at not
exceeding the maximum rate or rates permitted by law, as determined
by subsequent proceedings of the city commission, payable by check or
draft made payable to the Holder of Bonds and mailed to the address
of such Holder of Bonds, as such name and address shall appear on the
registration books of the City maintained by the Registrar at the
close of business on the fifteenth day of the calendar month preced-
ing each interest payment date or the date the principal amount is
paid; provided, however, that, if such 15th day is a Saturday, Sunday
or holiday, then to the registered Holder and at the address shown on
the registration books of the city maintained by the Registrar at the
close of business on the day next preceding such 15th day of the
month which is not a Saturday, Sunday or holiday (herein the "Record
Date"); provided, however, that payment of interest on the Bonds may,
at the option of any Holder of Bonds in an aggregate principal amount
of at least $1,000,000 be transmitted by wire transfer to the Holder
to the bank account number on file with the Paying Agent as of the
Record Date. The Bonds authenticated prior to the first interest
payment date shall be dated and bear interest from the date deter-
mined by subsequent proceedings of the City commission. Bonds
authenticated subsequent to the first interest payment date shall
bear interest from the next preceding interest payment date on which
such interest has been paid, unless such Bond is registered on an
interest payment date or between a Record Date and the next succeed-
ing interest payment date, then from such interest payment date if
interest is then paid, as the case may be; provided, however, that,
if and to the extent there is a default in the payment of the inter-
est due on such interest payment date, such defaulted interest shall
be paid to the persons in whose name Bonds are registered on the
registration books of the city maintained by the Registrar at the
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Res. No. 31-89
close of business on the fifteenth day prior to a subsequent interest
payment date established by notice mailed by the Registrar to the
registered owner not less than the tenth day preceding such subse-
quent interest payment date.
The Bonds shall be payable, with respect to interest, prin-
cipal and premium, if any, in any coin or currency of the united
states of America which at the time of payment is legal tender for
the payment of public and private debts;
The payment of principal of and interest on the Bonds may,
in addition to the utilities Tax proceeds, be secured by a Bond
Insurance Policy as shall be determined by subsequent proceedings of
the City Commission.
SECTION 20. 3. REDEMPTION PROVISIONS. The Bon d sma y be
subject to redemption prior to maturity at such times, at such
redemption prices and upon such terms as shall be determined by sub-
sequent proceedings of the City Commission.
SECTION 2.4. EXECUTION OF BONDS. The Bonds shall be exe-
cuted in the name of the city by the signature of the Mayor of the
City and its official seal shall be affixed thereto or imprinted or
reproduced thereon and attested by the City Clerk. The signatures of
the Mayor of the city and City Clerk on the Bonds may be manual or
facsimile signatures. In case anyone or more of the officers who
shall have signed or sealed any of the Bonds shall cease to be such
officer of the City before the Bonds so signed and sealed shall have
been actually sold and delivered, such Bonds may nevertheless be sold
and delivered as herein provided and may be issued as if the person
who signed or sealed such Bonds had not ceased to hold such office.
Any Bond may be signed and sealed on behalf of the City by such
person who at the actual time of the execution of the Bonds shall
hold the proper office, although at the date the Bonds shall be actu-
ally delivered such person may not have held such office or may not
have been so authorized.
The Bonds shall bear thereon a certificate of authentica-
tion, in the form set forth in Section 2.7 hereof, executed manually
by the Registrar. Only the Bonds as shall bear thereon such certifi-
cate of authentication shall be entitled to any right or benefit
under this Resolution and no Bond shall be valid or obligatory for
any purpose until such certificate of authentication shall have been
duly executed by the Registrar. The certificate of authentication of
the Registrar upon any Bond executed on behalf of the City shall be
conclusive evidence that the Bond so authenticated has been duly
authenticated and delivered under this Resolution and that the OWner
thereof is entitled to the benefits of this Resolution.
The validation certificate on the back of any Bonds so val-
idated shall be signed with the facsimile signatures of the present
or any future Mayor of the City and City Clerk, and the City may
adopt and use for that purpose the facsimile signature of any person
who shall have been such Mayor of the city and city Clerk at any time
on or after the date of the Bonds, notwithstanding that he/she may
have ceased to be such Mayor of the City or City Clerk at the time
when the Bonds shall be actually delivered.
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Res. No. 31-89
SECTION 2.5. NEGOTIABILITY, REGISTRATION AND CANCELIATION.
At the option of the registered Owner thereof and upon surrender
thereof at the principal corporate trust office of the Registrar with
a written instrument of transfer satisfactory to the Registrar duly
executed by the registered OWner or his duly authorized attorney and
upon payment by the registered Owner of any charges which the
Registrar may make as provided in this section, the Bonds may be
exchanged for other Bonds of the same maturity of any other autho-
rized denominations.
The Registrar shall keep books for the registration of the
Bonds and for the registration of transfers of the Bonds. The Bonds
shall be transferable by the Owner thereof in person or by his/her
attorney duly authorized in writing only upon the books of the City
kept by the Registrar and only upon surrender thereof together with a
written instrumenb of transfer satisfactory to the Registrar duly
executed by the Owner or his/her duly authorized attorney. Upon the
transfer of any such Bond, the City shall issue in the name of the
transferee a new Bond or Bonds.
The city, the Paying Agent and the Registrar may deem and
treat the person in whose name any Bond shall be registered upon the
books kept by the Registrar as the absolute Owner of such Bond,
whether such Bond shall be overdue or not, for the purpose of receiv-
ing payment of, or on account of, the principal of and interest on
such Bond as the same become due and for all other purposes. All
such payments so made to any such Owner or upon his/her order shall
be valid and effectual to satisfy and discharge the liability upon
such Bond to the extent of the sum or sums so paid, and neither the
city, the Paying Agent nor the Registrar shall be affected by any
notice to the contrary.
In all cases in which the privilege of exchanging Bonds or
transferring the Bonds is exercised, the City shall execute and the
Registrar shall authenticate and deliver the Bonds in accordance with
the provisions of this Resolution. All Bonds surrendered in any such
exchanges or transfers shall forthwith be delivered to the Registrar
and cancelled by the Registrar in the manner provided in this
Section. There shall be no charge for any such exchange or transfer
of Bonds, but the city or the Registrar may require the payment of a
sum sufficient to pay any tax, fee or other governmental charges
required to be paid with respect to such exchange or transfer.
Neither the City nor the Registrar shall be required (a) to transfer
or exchange Bonds for a period of l5 days next preceding an interest
payment date on such Bonds or l5 days next preceding any selection of
Bonds to be redeemed or thereafter until after the mailing of any
notice of redemption; or (b) to transfer or exchange any Bonds called
for redemption.
All Bonds paid or redeemed, either at or before maturity,
shall be delivered to the Registrar when such payment or redemption
is made, and such Bonds, together with any Bonds that may be pur-
chased by the city, shall thereupon be promptly cancelled. The Bonds
so cancelled may at any time be destroyed by the Registrar, who shall
execute a certificate of destruction in duplicate by the signature of
one of its authorized officers describing the Bonds so destroyed, and
one executed certificate shall be filed with the City and the other
executed certificate shall be retained by the Registrar.
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Res. No. 31-89
SECTION 2.6. BONDS MUTILATED, DESTROYED, STOLEN OR LOST.
In case any Bond shall become mutilated, destroyed, stolen or lost,
the City may execute and the Registrar shall authenticate and deliver
a new Bond of like date, maturity and denomination as the Bond so
mutilated, destroyed, stolen or lost; provided that, in the case of
any mutilated Bond, such mutilated Bond shall first be surrendered to
the City and, in the case of any lost, stolen or destroyed Bond,
there shall first be furnished to the City and the Registrar evidence
of such loss, theft, or destruction satisfactory to the City and the
Registrar, together with indemnity satisfactory to them. In the
event any such Bond shall be about to mature or have matured or have
been called for redemption, instead of issuing a duplicate Bond, the
City may pay the same without surrender thereof. The City and the
Registrar may charge the OWner of such Bond their reasonable fees and
expenses in connection with this transaction. Any Bond surrendered
for replacement shell be cancelled in the same manner as provided in
Section 2.5 hereof.
Any such duplicate Bonds issued pursuant to this Section
shall constitute additional contractual obligations on the part of
the city, whether or not the lost, stolen or destroyed Bonds be at
any time found by anyone, and such duplicate Bonds shall be entitled
to equal proportionate benefits and rights as to lien on the source
and security for payment from the Utilities Tax proceeds, with all
other Bonds issued hereunder.
SECTION 2.7. FORM OF BONDS. The text of the Bonds shall
be substantially the following tenor, with such omissions, insertions
and variations as may be necessary and desirable and authorized or
permitted by this Resolution or any subsequent resolution adopted by
the City Commission prior to the issuance thereof:
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Res. No. 3l-89
(Face of Bond)
No.
$
UNITED STATES OF AMERICA
STATE OF FLORIDA
COUNTY OF PALM BEACH
CITY OF DELRAY BEACH
UTILITIES TAX REVENUE BOND,
SERIES
%
Maturity
Date
June 1,
Date of
original
Issue
CUSIP
Interest
Rate
Registered Owner:
principal Amount:
DOLLARS
KNOW ALL MEN BY THESE PRESENTS, that the City of Delray
Beach (the "city") in Palm Beach county, Florida, for value received,
hereby promises to pay from the sources herein mentioned, to the
Registered Owner specified above or registered assigns on the
Maturity Date specified above, upon the presentation and surrender
hereof at the principal corporate trust office of , as
paying agent (said and any bank or trust company becoming
successor paying agent being herein called the "Paying Agent"), the
Principal Amount specified above, with interest thereon at the
Interest Rate specified above, payable on June 1 and December 1 of
each year until the City's Obligation with respect to the payment of
such Principal Amount shall be discharged; provided, however, that
interest shall be paid by check or draft made payable to the regis-
tered owner and mailed to the address of the registered owner as such
name and address shall appear on the registration books of the City
maintained by , as Registrar (said and any bank
or trust company becoming successor Registrar being herein called the
"Registrar") at the close of business on the fifteenth day of the
calendar month preceding each interest payment date or the date the
principal amount is paid; provided, however, that if such fifteenth
day is a Saturday, Sunday or holiday, then to the registered owner
and at the registered address shown on the registration books of the
City maintained by the Registrar at the close of business on the day
next preceding such fifteenth day of the month which is not a
Saturday, Sunday or holiday (the "Record Date"); provided further,
however, that payment of interest on the Bonds may, at the option of
any Holder of Bonds in an aggregate principal amount of at least
$1,000,000 be transmitted by wire transfer to the Holder to the bank
account number on file with the Paying Agent as of the Record Date.
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Res. No. 31-89
Such interest shall be payable from the most recent interest payment
date next preceding the date of registration to which interest has
been paid, unless the date of registration is a June 1 or December 1
to which interest has been paid, in which case from such date, or
unless the date of registration is prior to , 19__, in which
case from , 19__, or unless the date hereof is between a
Record Date and the next succeeding interest payment date, in which
case from such interest payment date; provided, however, that if and
to the extent there is a default in the payment of the interest due
on such interest payment date, such defaulted interest shall be paid
to the persons in whose name Bonds are registered on the registration
books of the City maintained by the Registrar at the close of busi-
ness on the fifteenth day prior to a subsequent interest payment date
established by notice mailed by the Registrar to the registered owner
not less than the tenth day preceding such subsequent interest pay-
ment date. The Pnincipal Amount, redemption premium, if any, and
accrued interest thereon is payable in any coin or currency of the
united States of America, which, on the date of payment thereof,
shall be legal tender for the payment of public and private debts.
This Bond is one of an authorized issue of Bonds in the
aggregate principal amount of $ of like date, tenor,
and effect, except as to number, date of maturity and interest rate,
issued for the purpose of financing the costs of the construction and
acquisition of certain municipal facilities and projects of the city
under the authority of and in full compliance with the Constitution
and Statutes of the State of Florida, including the Charter of the
City, as amended and supplemented, the Florida Constitution,
Chapter 166, Florida Statutes, as amended and supplemented, and other
applicable provisions of law, and resolutions duly adopted by the
City commission of the City on November 26, 1962, as supplemented,
and , 1989, as amended and supplemented (herein collectively
referred to as the "Resolution") and is subject to all the terms and
conditions of the Resolution.
REFERENCE IS HEREBY MADE TO THE FURTHER PROVISIONS OF THIS
BOND SET FORTH ON THE REVERSE SIDE HEREOF AND SUCH FURTHER PROVISIONS
SHALL FOR ALL PURPOSES HAVE THE SAME EFFECT AS IF SET FORTH ON THE
FRONT SIDE HEREOF.
It is hereby certified and recited that all acts, condi-
tions and things required to exist, to happen, and to be performed,
precedent to and in the issuance of this Bond exist, have happened
and have been performed in regular and due form and time as required
by the Laws and Constitution of the State of Florida and the Charter
of the city applicable thereto, and that the issuance of this Bond,
and of the issue of Bonds of which this Bond is one, is in full com-
pliance with all constitutional or statutory limitations or
provisions.
This Bond shall not be valid or become obligatory for any
purpose or be entitled to any security or benefit under the
Resolution until the certificate of authentication hereon shall have
been signed by an authorized officer of the Registrar.
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Res. No. 31-89
IN WITNESS WHEREOF, the City of Delray Beach, Florida, has
caused this Bond to be signed by the Mayor of said city, either
manually or with his/her facsimile signature, and the seal of the
City of Delray Beach to be affixed hereto or imprinted or reproduced
hereon, and attested by its City Clerk, either manually or with
his/her facsimile signature, and this Bond to be dated the Date of
Original Issue specified above.
CITY OF DELRAY BEACH, FLORI~
Mayor
Attest:
city Clerk
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Res. No. 31-89
FORM OF CERTIFICATE OF AUTHENTICATION
Date of Authentication:
This Bond is one of the Bonds delivered pursuant to the
within mentioned Resolution.
as Registrar
By:
Authorized Officer
FORM OF VALIDATION CERTIFICATE
[insert if Bonds are validated]
This Bond is one of a series
by judgment of the circuit Court for
rendered on the day of
of Bonds which were
Palm Beach County,
198 .
validated
Florida,
Mayor
city Clerk
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Res. No. 31-89
(Back of Bond)
[Redemption Provisions]
This Bond and the issue of which it is a part are payable,
together with certain utilities Tax Revenue Certificates, series
1962, certain utilities Tax Revenue Certificates, series 1967, cer-
tain utilities Tax Revenue certificates, series 1978 and certain
Utilities Tax Revenue Bonds, Series 1987 and such obligations as may
in the future be issued on a parity therewith, solely, as to both
principal and interest, from the proceeds of the tax imposed by the
City on the purchase of certain utility services, including electric-
ity, metered and bottled gas (natural liquified petroleum gas or
manufactured) and water service in said city. The Resolution pro-
vides that, to the extent necessary to pay principal of and interest
on obligations of which this Bond is one and to carry out the provi-
sions of the Resolution, said tax shall be levied and collected in an
amount sufficient to make such payments of principal of and interest
and to make all other payments required by the Resolution. This
Bond, inCluding interest hereon, is payable solely from the proceeds
of said utilities tax and does not constitute an indebtedness of the
City within the meaning of any constitutional, statutory or charter
provision or limitation. It is expressly agreed by the owner of this
Bond that such owner shall never have the right to require or compel
the exercise of the ad valorem taxing power of the City for the pay-
ment of the principal of or interest on this Bond or the making of
any reserve or other payments provided for in the Resolution. It is
further agreed between the City and the owner of this Bond that this
Bond and the obligation evidenced thereby shall not constitute a lien
upon any property of or in the City but shall constitute a lien only
on the revenues hereinabove in this paragraph described. Additional
obligations, payable from the proceeds of such utilities tax pari
passu with the Bonds of the issue of which this Bond is one, may be
issued by the city from time to time upon the conditions and within
the limitations and in the manner provided in the Resolution.
This Bond is and has all the qualities and incidents of a
negotiable instrument under the Uniform Commercial Code-Investment
Securities Law of the state of Florida, and the original registered
owner and each successive registered owner of this Bond shall be con-
clusively deemed by his acceptance thereof to have agreed that this
Bond shall be and have all the qualities and incidents of negotiable
instruments under the Uniform Commercial Code-Investment Securities
Law of the State of Florida. The original registered owner and each
successive registered owner shall be conclusively deemed to have
agreed and consented to the following terms and conditions:
(1) The Registrar shall keep books for the registration of
Bonds and for the registration of transfers of Bonds as provided
in the Resolution. The Bonds shall be transferable by the reg-
istered owner thereof in person or by his attorney duly autho-
rized in writing only upon the books of the City kept by the
Registrar and only upon surrender hereof together with a written
instrument of transfer satisfactory to the Registrar duly exe-
cuted by the registered owner or his duly authorized attorney.
Upon the transfer of any such Bond, the City shall issue in the
name of the transferee a new Bond or Bonds.
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Res. No. 3l-89
(2) The city, the paying Agent and the Registrar may deem
and treat the person in whose name any Bond shall be registered
upon the books kept by the Registrar as the absolute owner of
such Bond, whether such Bond shall be overdue or not, for the
purpose of receiving payment of, or on account of, the principal
of and interest on such Bond as the same becomes due, and for
all other purposes. All such payments so made to any such reg-
istered owner or upon his order shall be valid and effectual to
satisfy and discharge the liability upon such Bond to the extent
of the sum or sums so paid, and neither the City, the paying
Agent, nor the Registrar shall be affected by any notice to the
contrary.
(3) At the option of the registered owner thereof and upon
surrender hereof at the principal corporate trust office of the
Registrar wit~ a written instrument of transfer satisfactory to
the Registrar duly executed by the registered owner or his duly
authorized attorney and upon payment by such registered owner of
any charges which the Registrar or the City may make as provided
in the Resolution, the Bonds may be exchanged for Bonds of the
same maturity of any other authorized denominations.
(4) In all cases in which the privilege of exchanging
Bonds or transferring Bonds is exercised, the City shall execute
and the Registrar shall authenticate and deliver Bonds in accor-
dance with the provisions of the Resolution. There shall be no
charge for any such exchange or transfer of Bonds, but the City
or the Registrar may require payment of a sum sufficient to pay
any tax, fee or other governmental charge required to be paid
with respect to such exchange or transfer. Neither the City nor
the Registrar shall be required (a) to transfer or exchange
Bonds for a period of l5 days next preceding an interest payment
date on such Bonds or l5 days next preceding any selection of
Bonds to be redeemed or thereafter until after the mailing of
any notice of redemption; or (b) to transfer or exchange any
Bonds called for redemption.
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Res. No. 31-89
ASSIGNMENT
FOR VALUE RECEIVED the undersigned sells, assigns and
transfers unto
(please print or typewrite name, address and tax identification
number of assignee)
the within Bond and all rights thereunder, and hereby irrevocably
constitutes and appoints
Attorney to transfer the within Bond on the books kept for registra-
tion thereof, with full power of substitution in the premises.
Dated:
Signature Guaranteed:
In the presence of:
NOTICE: The signature to this
assignment must correspond
with the name as written upon
the face of the within Bond
in every particular, without
alteration or enlargement, or
any change whatever.
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Res. No. 3l-89
ARTICLE III
COVENANTS, FUNDS AND APPLICATION THEREOF
SECTION 3.1. BONDS NOT TO BE INDEBTEDNESS OF THE CITY.
The Bonds shall not be or constitute an indebtedness of the City
within the meaning of any constitutional, statutory or other limita-
tion of indebtedness, but shall be payable solely from the Utilities
Tax proceeds. No Owner or Owners of any Bonds issued hereunder shall
ever have the right to compel the exercise of the ad valorem taxing
power of the city, or taxation in any form of any real property
therein, to pay said Bonds or the interest thereon.
SECTION ~.2. BONDS ON PARITY WITH THE OUTSTANDING BONDS.
The Bonds issued pursuant to this Resolution shall be deemed to be
additional certificates within the meaning of paragraph (2) of
section 7 of the 1962 certificate Resolution, and shall be on a
parity and rank equally, as to lien on and source and security for
payment from the Utilities Tax proceeds and in all other respects,
with the 1967 Certificates, the 1978 certificates and the 1987 Bonds,
and any pari passu additional obligations hereafter issued pursuant
to and within the terms, limitations and conditions contained in the
1962 Certificate Resolution (until such time as the 1967 Certificates
and the 1978 Certificates shall have been paid or deemed paid in
accordance with their terms and the terms of the respective
certificate Resolutions) and thereafter pursuant to and within the
terms, limitations and conditions contained herein and in the 1987
Resolution.
SECTION 3.3. ISSUANCE OF PARI PASSU ADDITIONAL BONDS. No
parity Certificates shall be issued by the City as long as any of the
1967 Certificates and the 1978 certificates shall remain outstanding
within the meaning of their terms and the terms and provisions of the
respective certificate Resolutions, except upon the conditions and in
the manner provided in paragraph (2) of section 7 of the 1962
certificate Resolution.
After the date all the 1967 certificates and the 1978
certificates shall be deemed paid in accordance with their terms and
the terms and provisions of the respective certificate Resolutions,
no Parity Certificates issued on a parity with respect to the lien on
the utilities Tax proceeds, as that enjoyed by the holders of the
Bonds and the 1987 Bonds, shall be issued, except upon the conditions
and in the manner provided in section 3.3 of the 1987 Bond
Resolution. All of such obligations, regardless of the time or times
of their issuance, shall rank equally with respect to their lien on
the proceeds of the utilities Tax as that of the Bonds and the 1987
Bonds without preference of any Bond over any other.
SECTION 3.4. BONDS SECURED BY PLEDGE OF UTILITY TAX
PROCEEDS. From and after the issuance of any of the Bonds, and con-
tinuing until the payment of all Bonds as to principal and interest,
the utilities Tax proceeds shall continue to be pledged for the
prompt payment of principal of and interest on said Bonds. The Bonds
shall be payable as to principal and interest from the City of Delray
Beach utilities Tax Certificates Principal and Interest Redemption
Fund (hereinafter sometimes called the "certificate Fund"), created
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Res. No. 31-89
and established by the 1962 Certificate Resolution. Said Certificate
Fund and the Reserve Fund hereinafter referred to in Section 3.5
shall be continued and maintained as provided in said 1962
Certificate Resolution as long as any of the Bonds herein authorized
remain outstanding and the amount of utilities Tax proceeds required
to be deposited in the Certificate Fund and Reserve Fund for the pay-
ment of and interest on the Outstanding Bonds shall be increased in
an amount sufficient to pay the principal of and interest on the
outstanding Bonds as the same shall become due and payable.
SECTION 3.5. PAYMENTS INTO RESERVE FUND. Subject to the
provisions of the Code, payments into the Reserve Fund created by the
1962 Certificate Resolution will be made on or before the loth day of
the month, commencing on the first month subsequent to the delivery
of the Bonds, in an amount equal to one-sixtieth (l/60th) of:
(i) the highest future annual principal and interest requirements of
all the Outstanding 1967 Certificates, the 1978 Certificates, the
1987 Bonds and the Bonds herein authorized less (ii) the amount then
on deposit in said Reserve Fund for the 1967 Certificates, the 1978
Certificates, the 1987 Bonds and the amount, if any, of the proceeds
of the Bonds deposited in said Fund pursuant to Section 3.8 hereof.
Such payments into the Reserve Fund shall continue to be made until
the amount in said Fund shall equal the highest future annual princi-
pal and interest requirement on all the Outstanding 1967
Certificates, the 1978 Certificates, the 1987 Bonds and the Bonds
herein authorized; provided, however, that such payments shall not be
required to be made if the City shall deposit in said Fund, pursuant
to Section 3.8 hereof, from the proceeds of the Bonds, an amount suf-
ficient to cause the amount in said Fund to equal the highest future
annual principal and interest requirement on all the Outstanding 1967
Certificates, the 1978 Certificates, the 1987 Bonds and the Bonds
herein authorized. Whenever a deficiency in such payments shall
occur or whenever the amount in the Reserve Fund falls below the
amount then required to be in said Fund, such deficiency shall be
made up from all money in the utilities Tax Revenue Fund created and
established pursuant to the 1962 Certificate Resolution and continued
hereunder which is not required for payments into the Certificate
Fund.
SECTION 3.6. TAX COVENANTS REIATING TO THE INTERNAL REVENUE
CODE OF 1986, AS AMENDED. 1. In order to maintain the exclusion
from gross income for purposes of Federal income taxation of interest
on the Bonds, the City covenants to comply with each requirement of
the Code. In furtherance of the covenant contained in the preceding
sentence, the City agrees to continually comply with the provisions
of the Tax Certificate to be executed by an authorized official of
the city and delivered on the date of initial issuance and delivery
of the Bonds, as such certificate may be amended from time to time,
as a source of guidance for achieving compliance with the Code.
2. The City covenants and agrees with the Owners of the
Bonds that the City shall not take any action or omit to take any
action, which action or omission, if reasonably expected on the date
of initial issuance and delivery of the Bonds, would cause any of the
Bonds to be "private activity bonds" or "arbitrage bonds" within the
meaning of sections 14l(a) and l48(a), respectively, of the Code.
3. Notwithstanding any other provision of this Resolution
to the contrary, so long as necessary in order to maintain the
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Res. No. 31-89
exclusion from gross income for purposes of Federal income taxation
of interest on the Bonds, the covenants contained in this section
shall survive the payment of the Bonds and the interest thereon,
including any payment or discharge thereof pursuant to Section 3.ll
of this Resolution.
SECTION 3.7. COVENANTS. All covenants contained in
sections 5, 6 and 7 of the 1962 certificate Resolution (except as
otherwise provided in Section 3.3 hereOf) shall apply with like force
and effect for the benefit of the Owners of the Bonds herein autho-
rized, which shall in all respects be deemed to carryall of the
rights and privileges granted to the holders of the 1967
certificates, the 1978 certificates and the 1987 Bonds; provided,
however, with respect to the Bonds herein authorized, the covenant
contained in Section 6(A) of the 1962 certificate Resolution is
hereby modified tD provide that the City may decrease the utilities
Tax, provided the utilities Tax proceeds after such decrease shall be
sufficient to make all payments required by this Resolution. Such
modification shall not be effective so long as any 1967 certificates
remain outstanding and unpaid.
SECTION 3.8. APPLICATION OF BOND PROCEEDS. All m 0 n e y s
received by the City from the sale of the Bonds authorized and issued
pursuant to this Resolution shall be applied as follows:
A. The accrued interest derived from the sale of the Bonds
shall be deposited in the certificate Fund.
B. The proceeds of the Bonds in an amount sufficient to
pay the principal of any Notes issued by the City to temporarily
finance the Projects shall be deposited in the "Debt Service FUnd"
established under the Note Resolution and used in accordance with the
provisions of such resolution to pay the outstanding principal amount
of the Notes issued under the Note Resolution.
C. subject to the provisions of the Code, a sufficient
amount of Bond proceeds, if any remaining after the deposits of
paragraph A and B above have been made, may be deposited in the
Reserve Fund, which when added to the amount on deposit in the
Reserve Fund will cause the total amount on deposit in the Reserve
Fund to be equal to the highest future annual principal and interest
requirements of all the 1967 Certificates, the 1978 Certificates, the
1987 Bonds Bonds and the Bonds herein authorized, as shall be deter-
mined by subsequent proceedings of the city commission.
D. The remainder of the proceeds of the Bonds shall be
deposited in the "Construction Fund" which shall be held by a bank or
trust company in the State of Florida which is eligible under the
state laws to receive deposits of state and municipal funds, which
fund is hereby created and established, and such moneys so deposited
will be used to pay the costs of the Projects. No withdrawals shall
be made from the Construction Fund, except for legal, financial and
engineering expenses and fees, and expenses and fees in connection
with the construction of the Projects and the issuance of the Bonds,
without the written approval of the City Manager or his designee and
only upon receipt of a written requisition executed by an authorized
representative of the City, specifying the purpose for which such
withdrawal is to be made and certifying that such purpose is one of
the purposes provided for in this Resolution. If, for any reason,
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Res. No. 31-89
the moneys in said Construction Fund, or any part thereof, are not
necessary for, or are not applied to the purposes provided in this
Resolution, then such unapplied proceeds shall be deposited, upon
certification of the City Manager or his designee that such surplus
proceeds are not needed for the purposes of the Construction Fund, in
the Reserve Fund to the full extent necessary to make the amount then
on deposit therein equal to the maximum amount required to be on
deposit in the Reserve Fund and the balance, if any, to be deposited
in the Certificate Fund to the extent the moneys on deposit in the
Certificate Fund are insufficient for such purpose and thereafter to
the City to be used for any lawful municipal purpose.
The moneys deposited in the Construction Fund may, pending
their use for the purposes provided in this Resolution, be temporar-
ily invested in (i) U. S. Obligations, (ii) in certificates of
deposit and repurOhase agreements continuously and fully secured by
U. S. Obligations, or insured by the Federal Deposit Insurance
Corporation or the Federal Savings and Loan Insurance Corporation, or
secured in such manner as provided by the laws of the state of
Florida, maturing not later than the dates on which such moneys will
be needed for the purpose of the Construction Fund, or (iii) such
other obligations as are permitted by the applicable laws of the
state of Florida. All the earnings from such investments shall
remain in and become a part of said Construction Fund and used for
the purposes of the Construction Fund.
All of the moneys on deposit in the Construction Fund shall
be and constitute trust funds for the purposes hereinabove provided,
and there is hereby created a lien upon such moneys, until so
applied, in favor of the Owners of the Bonds.
Notwithstanding the foregoing provisions, moneys on deposit
in the Construction Fund shall be used for the payment into the
Certificate Fund whenever the moneys on deposit in the Certificate
Fund and Reserve Fund are insufficient for such purposes; provided,
however, that before such moneys may be used for the above purposes,
the City Manager or his designee shall certify that such moneys are
not necessary for or are not to be applied to the cost of the
Projects.
SECTION 3.9. REMEDIES. Any Owner of Bonds issued under the
provisions of this Resolution or any trustee acting for such OWners
in the manner hereinafter provided, may, either at law or in equity,
by suit, action, mandamus or other proceedings in any court of compe-
tent juriSdiction, protect and enforce any and all rights under the
laws of the State of Florida, or granted and contained in this
Resolution, and may enforce and compel the performance of all duties
required by this Resolution or by any applicable statutes to be per-
formed by the City or by any officer thereof.
In the event that default shall be made in the payment of
the interest on or the principal of any of the Bonds issued pursuant
to this Resolution as the same shall become due, or in the making of
the payments into the Reserve Fund or any other payments required to
be made by this Resolution, or in the event that the City or any
officer, agent or employee thereof shall fail or refuse to comply
with the provisions of this Resolution or shall default in any
covenant made herein, and in the further event that any such default
shall continue for a period of sixty (60) days, any Owner of such
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Res. No. 31-89
Bonds, or any trustee appointed to represent Owners as hereinafter
provided, shall be entitled as of right to the appointment of a
receiver in an appropriate judicial proceeding in a court of compe-
tent jurisdiction, whether or not such OWner or trustee is also seek-
ing or shall have sought to enforce any other right or exercise any
other remedy in connection with Bonds issued pursuant to this
Resolution.
The receiver so appointed shall forthwith, directly or by
his agents and attorneys, collect and receive all utilities Tax pro-
ceeds and comply under the jurisdiction of the court appointing such
receiver, with all of the provisions of this Resolution.
Whenever all that is due upon Bonds issued pursuant to this
Resolution, and interest thereon, and under any covenants of this
Resolution for reserve or other funds, and upon any other obligations
and interest thereon having a charge, lien or encumbrance upon the
utilities Tax proceeds, shall have been paid and made good, and all
defaults under the provisions of this Resolution shall have been
cured and made good, possession of any utilities Tax proceeds shall
be surrendered to the City upon the entry of an order of the court to
that effect. Upon any subsequent default, any OWner of Bonds issued
pursuant to this Resolution, or any trustee appointed for Owners as
hereinafter provided, shall have the right to secure the further
appointment of a receiver upon any such subsequent default.
Such receiver shall in the performance of the powers here-
inabove conferred upon him be under the direction and supervision of
the court making such appointment, shall at all times be subject to
the orders and decrees of such court and may be removed thereby and a
successor receiver appointed in the discretion of such court.
Nothing herein contained shall limit or restrict the jurisdiction of
such court to enter such other and further orders and decrees as such
court may deem necessary or appropriate for the exercise by the
receiver of any function not specifically set forth herein.
The Owner or Owners of Bonds in an aggregate principal
amount of not less than twenty-five per centum (25%) of Bonds issued
under this Resolution then outstanding may by a duly exercised cer-
tificate in writing appoint a trustee for OWners of Bonds issued pur-
suant to this Resolution with authority to represent such OWners in
any legal proceedings for the enforcement and protection of the
rights of such Owners. Such certificate shall be executed by such
Owners or their duly authorized attorneys or representatives, and
shall be filed in the office of the City Clerk.
SECTION 3.10. REFUNDING. The Bonds herein authorized may
be refunded in the manner provided in paragraph (l) of section 7 of
the 1962 Certificate Resolution and subject to the restrictions
therein contained.
SECTION 3.11. DISCHARGE AND SATISFACTION OF BONDS. The
covenants, liens and pledges entered into, created or imposed pursu-
ant to this Resolution may be fully discharged and satisfied with
respect to the Bonds in anyone or more of the following ways:
(a) by paying the principal of and interest on Bonds when
the same shall become due and payable; or
-22-
Res. No. 3l-89
(b) by depositing in the certificate Fund or such other
accounts as the City may hereafter create and establish by resolution
moneys sufficient at the time of such deposit to pay the Bonds, all
interest thereon and the redemption premium, if any, as the same
become due on said Bonds on or prior to the redemption date or matu-
rity date thereof; or
(c) by depositing in the Certificate Fund or such other
accounts as the City may hereafter create and establish by resolution
moneys which, when invested in Defeasance obligations, will provide
moneys which shall be sufficient to pay the Bonds, all interest
thereon and the redemption premium, if any, as the same shall become
due on said Bonds on or prior to the redemption date or maturity date
thereof.
Notwithstending the foregoing, all references to the dis-
charge and satisfaction of Bonds shall include the discharge and sat-
isfaction of any series of Bonds, any portion of a series of Bonds,
any maturity or maturities of a series of Bonds, any portion of a
maturity of a series of Bonds or any combination thereof.
Upon such payment or deposit in the amount and manner pro-
vided in this section 3.11, the Bonds shall no longer be deemed to be
outstanding for the purposes of the Resolution and all liability of
the City with respect to the Bonds shall cease, terminate and be com-
pletely discharged and extinguished, and the Holders thereof shall be
entitled for payment solely out of the moneys or securities so
deposited.
ARTICLE IV
MISCELLANEOUS PROVISIONS
SECTION 4.1. MODIFICATION OR AMENDMENT. No material modi-
fication or amendment of this Resolution or of any resolution amenda-
tory thereof or supplemental thereto, may be made without the consent
in writing of the Owners of seventy-five percent (75%) or more in
principal amount of the Bonds then outstanding; provided, however,
that no modification or amendment shall permit a change in the matu-
rity of such Bonds or a reduction in the rate of interest thereon, or
affect the unconditional promise of the city to pay the interest of
and principal on the Bonds, as the same mature or become due, from
the utilities Tax proceeds, or reduce such percentage of Owners of
such Bonds required above for such modification or amendments, with-
out the consent of the Owners of all the Bonds.
The 1962 Certificate Resolution may be amended with the
consent of the holders (or, (i) in the case of the 1987 Bonds and the
Bonds, the Owners, and (ii) in the case of any future obligations
issued on a parity with the Bonds herein authorized under the provi-
sions of Section 7 of the 1962 Certificate Resolution, the owners
thereof) of seventy-five percent (75%) in principal amount of the
Parity Certificates, the 1987 Bonds and the Bonds herein authorized
and any future parity obligations, all as provided in Section 8 of
said 1962 Certificate Resolution.
-23-
Res. No. 31-89
SECTION 4.2. SALE OF BONDS. The Bonds shall be issued and
sold at one time or from time to time and at such price or prices
consistent with the provisions of the Charter of the City,
Chapter 166, Florida statutes and the requirements of this Resolution
as the city commission shall hereafter determine by subsequent
proceedings.
SECTION 4.3. BOND ANTICIPATION NOTES. The city may, if it
determines it to be in its best financial interest, issue its bond
anticipation notes including the Notes in order to temporarily
finance the costs of the Projects as provided in this Resolution.
The City shall by proper proceedings authorize the issuance and
establish the details of such bond anticipation notes pursuant to the
provisions of section 2l5.43l, Florida statutes, as amended.
SECTION ~.4. SEVERABILITY. If any section, paragraph,
clause or provision of this Resolution or the application of any of
the pledged revenue to the payment of principal of and interest on
the Bonds shall be held to be invalid or unenforceable for any
reason, the invalidity or unenforceability of such section, para-
graph, clause or provision or of the application of such pledged rev-
enue to the payment of such principal and interest, shall not affect
any of the remaining provisions of this Resolution, or the applica-
tion of the remainder of such pledged revenue to the payment of such
principal and interest.
SECTION 4.5. REPEALER. All resolutions and orders, or
parts thereof, in conflict herewith are, to the extent of such con-
flict, hereby repealed, and this Resolution shall take effect upon
its passage in the manner provided by law.
SECTION 4.6. EFFECTIVE DATE. This Resolution shall be
effective immediately upon its adoption.
Passed and adopted in regular session on this 13th day of
June, 1989.
Mayor
Attest:
City Clerk
The foregoing resolution and the form of Bond therein con-
tained are hereby approved by me as to form, language and execution
this 13th day of June, 1989.
City Attorney
-24-
Res. No. 31-89
STATE OF FLORIDA
COUNTY OF PALM BEACH
I, Elizabeth Arnau, do hereby certify that I am the duly
qualified City Clerk of the city of Delray Beach, Palm Beach County,
Florida.
I further certify that the above and foregoing constitutes
a true and correct copy of the minutes of a meeting of the city
council of said city held on June l3, 1989, and of a resolution
adopted at said meeting, as said minutes and resolution are offi-
cially of record in my possession.
IN WITNESS WHEREOF, I have hereunto subscribed my official
signature and impressed hereon the official seal of the City of
Delray Beach this 13th day of June, 1989.
City Clerk
(SEAL)
-25-
Res. No. 31-89
0RDtNANCE NO. 35-89
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, .!,MENDING TITLE XV, "BUILDING
REGULATIONS", CHAPTER 155, "ELECTRICITY" OF THE CODE
OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA,
BY Jo.MENDING SECTION 155.02, "ELECTRICAL CODE ilJ)()PTED
BY REFERENCE", TO PROVIDE FOR THE ilJ)()PTION OF THE
NATIONAL ELECTRIC CODE, 1987 EDITION; PROVIDING A
REPEALER CLAUSE; PROVIDING ~ SAVINGS CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Title XV, "Building Regulat.ion", Chapter 155,
"Electricity", Section 155.02, "Electrical Code Adopted By Reference",
of the Code of Ordinances of the City of Delray Beach, Florida, be in
the same is hereby amended to read as follows:
Sec. 155.02 Electrical Code AdOPted By Reference.
Except as in this chapter otherwise provided, all electrical
construction and all material and appliances used in connection
with electrical work and the operation of all electrical apparatus
within the City shall conform to the rules and regulations of the
National Electrical Code, 1:984 1987 edition, as recOlllDended and
published by the National Fire Protection Association for the
installation of wiring and electrical apparatus for electrical
purposes, of which copies are on file in the office of the City
Clerk, which rules and regulations are adopted and approved and
made a part of this chapte.r as fully as if set out in length
herein; provided that the rules and regulations of the National
Electric Code are not in any respect in conflict with the provi-
sions of this chapter, this code, the laws of the state, or subse-
quent ordinances and resolutions of the city. If a later edition
of this code or subsequent amendments are made the appliCable
miniroum code, then those revisions or amendments shall automati-
cally became the adopted code under this chapter.
Section 2. That all ordinances or parts of ordinances which
are in conflict herewith are hereby repealed.
Section 3. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity or the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 4. That this ordinance shall become effective ten
(10) days after its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the ____ day of , 1989.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
If
~./~r!
f;/
14arch 20, 1989
MEMORANDUM
TO:
THRU:
HERBERT W. A. THIELE, CITY ATTOR~ ~
FRANK SPENCE, DIRECTOR, DEVELOP;E~'~VICE
/)
LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEME~~
RECOMMENDATION TO ADOPT THE NATIONAL ELECTRIC CODE,
1987 EDITION AND AMENDMENTS TO THE SAME CODE
FROM:
RE:
Pursuiant to your memo of March 16th, I met with Jerry Sanzone
regarding the possibility of the City of Delray Beach adopting
the National Electric Code and the Amendments to the same. It is
our recommendation at this time that the City of Delray should
follow suit with Palm Beach County in adopting this code with the
applicable amendments.
If you would be kind enough to prepare the Ordinance, we will be
appreciative. Please notify me if we might be of further
assistance to your office regarding the preparation of this
Ordinance.
cc: Jerry Sanzone
Walter o. Barry, City Manager
B:ELECCODE.HT/Ll
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[STY DF D~lRt~~Y ~ER[tG
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CITY ATTORNEY'S OFFICE
Jlo"i.: 1'1 "i11{1 U ,t Ill., IJlll{\', HI \('ll.ll(llU()A:\''''~n
III" .'.I~. 11'111 II I 1 f 11['1 r I' -110" '~1K-I"':' (
"BMonANDUM
Date: March 16, 1989
To: Frank Spence, Director gf Develonmen t Services
T.uIa Butler, Director o( Community Improvement
Martin O'Shea, Chief Building Officilll
From: Herbert W. A. Thiele, City Attorney
Subject: Status o( Inquir~' Concernin" Adoption ann Amenclments of National
Electric Code, 1987 Eclition
This is a follow-up memorandum to m~' rre"j(lu~ memo dat/!d Aup;u~t 29, 1089,
wherein I requested whether you belie',/! IInv aclclitional amendmcnh are
necessar" at this time to the Codp. of (lrclinnnces of the r.it" of n.,\rav
Belich, either to incorporate the 1987 Edi~ion of the National EJecti'ic Cod", or
to provide (or any "opt-outs" by the Cit" of certain lJrcwisions of thp. 1987
Eclition ot' o( the pro'!isions contllined in the orclinance recently ndoptc(l by
the County Commission with an effective datI! ('f October I, 1988.
I am again attaching a copy o( a memnral'.clum dated AUg'ust 18, 1989 ~rom
Assistant Depnt:, Director ()( the B1)ildinl': Division of Plllm Beach Crl'1nty,
Dominic Sims, with reg:nrc1 to the Count,,'s lIo'Jption of the National Elcc!,:-icaI
Code, 1987 Editil)n.
If you have any questions or if you 'vish to discuss thi~ mattp.r further,
)'llease provide me with tne necessa.ry bp.ckl1'rounn information and conta"( my
officc so that an appropriate nppointml!nt can I">e scherlulp.d. Thank you.
fJlf/r..;
HT:ci
Attachment
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f';:""'~INI.'1''''rtlI~
~;."'t.tfS.lltAllOH
Bui/ding Code Advisory Board of i'a/m Beacb Coullt)'
3400 Belvedere Rd.
West Palm Beacb, Florid(l 33406
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MEMORANDUM
August 18, 1988
FROM:
Building Officials of Palm Deach County ;)&
Office of the city Attorney \
Dominic Sims, Assistant Deputy Dirpct / '
Building Division
National Electrical Code, 1987 Edit on
TO:
SUBJECT:
At its meeting of August 16, 1988, the Board of county
Commissioners adopted the National Electrical Code, 1987 Edition
for both the incorporated and unincorporated areas of Palm Beach
County. The Ordinance has an effective date of October 1, 1988.
A second ordinance was also approved at this meeting, which
adopted certain amendments to the National Electrical Code.
These amendments are applicable only wi thin the unincorporated
area and in those municipalities for which Palm Beach County
Building Division provides plan review and inspection services.
Both of these actions were recommended by the Building Code
Advisory Board of Palm Beach County who strongly encourage the
adoption of the amendments by each of the 37 municipalities in
Palm Beach County.
Attached for your convenience, is a copy of the first Ordinance.
Should you have any question regarding this matter, please do not
hesitate to contact me at your convenience.
DPS:di:adoptnec.bo
cc: Building Code Advisory Board
Robert W. Palchanis, Director, Building Division
David Hinsa, Palm Beach County Municipal League
Dominick Covelli, Chief Electrical Inspector
Attachment
3400 8c1vede,e Ud. \Yest [>.,Im Ilc(lcb. Flo,ida JJ406
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$4560.00 fOl- ,-':,oms, elltl~',' fees alid tl-~nspo,-ta.tlon. Th,l.~ :r"no'-",'.
of money doe': I-[ot iilcl'...lde food.) The melTlbers ot- ]Ed.'lne's
Twil-lillg MachillE have always mallaqed to fi:~anc~ the:r- tl-~vei
IElltUr-es with thei, L)lrln f'Jnds. They ha'le IleVer a.si,ed tr-'E
cOlnmullity fOl- financial SUPP01-t. HowevE,-, they ha,e beer' 3ble
to raise ol~ly about $1890.00. T~ley ,1EEd $2670.,_10 inOI-e to ma~e
this t,-ip. Can you help them ~o achieve thei( goal'
The gi~la w,ll compete as the Dynamics of De1ray. Th..
new namE '.Ni 11 l.de'-It if,' them by the region thev repf-esent. T~.e.
wl.ll be fi'le .=smbassado!-s fOI- CUI- community'. They ~".Iill ~!aVe trie
opportunity' to meet 6nd compete with other twil-le,-s ~rOln ~:i
o~el- the Ullite~ States, Cdf,ada, E~f-ope, alld Japal1. They w~~lj
Enter ele~en group e/E0ts 211d "umerous solo events aver t~e Sl.
ddy period.
Please yilt:? tr-,is matter se(iuus cOllsidel-ati')I-'. l,.Jithout
IOU'- help these '/ery deservillg yourlg people will be unable to
act-lie"e trreil- goal alld atte,41d the WOI-ld dlld f\lational
Champlonshi:-.3.
ThatlK vou fOl- yOul- time dtld cOI'sideratl.OI~.
5ir-,cerely'~
~m~ ~(,~~<</
Jean!IE R. i_h\^Jallk, d ll-e,=twl-
..
Clry DF DELRAY BEACH
100 N.W. 1st AVENUE
DELRAY BEACH, FLORIDA 33444
407/243.7000
MEMORANDUM
TO:
::::rM:::g::~~
L/ 't-"
HISTORIC PRESERVATION BOARD VACANCIES
PROM:
SUBJECT:
DATE:
June 9, 1989
Four members of the Historic Preservation
June 9th. Each of the four members
requested reappointment.
The Historic Preservation Board recommends reappointment of incumbers
Patricia Healy, David Martin, Alice Finst and Diane DeMarco to terms
ending June 9, 1991.
Board have terms which expire
are eligible for, and have
WOB:cl
THE EFFORT ALWAYS MATTERS
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[ITY DF DELRAY BEA[H
~(!~
{y.rJ1d.,-
CITY ATTORNEY'S OFFICE
310 '\_1 . ~ ,r STREET. SUITE ~ DFLR.\ '1{ BrACH. FLORIDA 33483
4.f)7/~4.1. ~f")f) rElECOPIER 407/278-4755
May 31, 1989
Mr. Rus Yeager
Pre-Arrangemen~ Inc.
110 E. Atlantic Avenue. Suite 114
Delray Beach, Florida 33444
Stmject: Transfer of the City Cemetery and Mausoleum Sales
Agreement from Total Prearrangement to Pre-
Arranqement, Inc.
Dear Rus:
This letter will serve to confirm the results of our meeting
held between yourself and City staff on May 31, 1989 concerning
the assignment of the mausoleum and cemetery sales agreement to
your company. The purpose of the meeting and the following is
to provide you with confirmation on the status of various
accounts in order to facilitate your production of a plan for
presentation to the City Commission on June 13 wherein you will
outline the program for correcting eXisting account deficien-
cies, and complete take over of the sales operation from Total
Prearrangement. It would be appreciated if a complete plan was
aubmit~ed to City staff to review by the close of business on
TueSday, June 6, 1989. This deadline is necessary so that the
plan may be commented on by staff prior to presentation to the
City Commission on June l3, 1989, thus enabling you to close on
your transaction with the previous operators on June 15, 1989.
The City's staff has reviewed the books and records of Total
Prearrangement and concur in your determination that the
fOllOWing account deficiencies exist through April 9, 1989.
Construction Escrow (Mausoleum)
$ 8,796.00
Merchandise Escrow (Lawn Crypts,
Vaults, Markers, Urns)
$ 21,821.97
$ 30,617.97
Total Due to Escrow Accounts
City Commissions (100% of Interments,
50\ of grave spaces, 25\ of Crypts
niches, lawn crypts, 20% of vaults,
markers and urns)
Total Due
$ 72,394.68
$103,012.65
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Mr. Rus Yeager
May 31, 1989
Page 3
Total Prearrangement concerning that certificate. If the City
determines that the individual is entitled to the grave space
because of Total Prearrangement's representations to them, it
will be expected that you will fund up to 8 such spaces a year
at $175.00 per space. The amount of the liability associated
with the free grave spa.ce issues should be clarified by the
Ernst and Whinney Report and could result in a Substantial
reduction in the total amount of commissions due to the City.
The plan to he presented to the Commission should include: l) a
statement of the amounts due to the various deficient accounts,
2) a sales projection, 3) program for repayment of the corpo-
rate liabilities, 4) details on a marketing program, 5) an
explanation of the agreement with the previous management, 6)
any desired contract or pricing changes.
The agreement between yourself and the City shall further be
amended to require an annual CPA audit financial statement to
be provided to the ~ity and to explicitly prohibit the transfer
of any stock or other interest in the corporate entity that
will be in privity of contract with the City.
I look forward to the receipt of your business plan and hope
that it. will enable the City and yourselves to maximize the
potential of our city cemetery. If you should have any ques-
tions concerning this matter, please do not hesitate to contact
our office.
Sincerely,
OFFI~E OF THE CITY ATTORNEY
CITY OF DELRAY BEACH, FLORIDA
By:
Jeffrey S. Kurtz, Esq.
Assistant City Attorney
.JSK: sh
cc: Walter O. Barry, City Manager
Robert Barcinski, Assistant City Manager
.Joe Weldon, Direct,or of Parks and Recreation
David Huddleston, Director of Finance
Frank Deering, Internal Auditor
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PREARRANGEMENTS OF DELRAY, INC.
110 E. Atlantic Ave., Ste. 114
Delray Beach, FL 33444
(407) 276-6601
Co I ~1.-
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June 5, 1989
Jeffrey Kurtz, Esq.
Assistant City Attorney
310 SE First Street, Ste. 4
Delray Beach, FL 33483
Dear Jeff:
Enclosed please find 11 copies of the business plan for
Prearrangements of Delray, Inc. This plan was structured in
compliance with your letter of May 31, 1989 (Re: Page 3, paragraph
2) .
It was necessary to constantly refer to the certified audit or use
phrases such as "not greater than." I built downside protection
for Prearrangements in the possibility the audit may find
unreported sales or any such other surprises. There can be no
comfort or coziness with the numbers as we know they exist today.
Thank you for your help and courtesies in this matter. Should you
have any questions, please do not hesitate to contact us.
Sincer-7Y'
PR~~~GEMEN:S OF D~Y,
~~s~rY-:::y
RY:JRB:ael
INC.
Enclosures
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SUMMARY
It is impossible to construct a business plan without sound
financial information. Throughout this plan we refer to the
certified audit of Ernst & Whinney or use phrases such as "not
greater than." Please keep this in mind when reviewing this plan.
Ms. Jackie Henderson, currently employed by Prearrangements of
Delray, Inc., is a very competent person. Unfortunately, she has
had no formal accounting training. Mr. Phil Sheets gave her
little or no guidance. Hence, there was no general ledger kept
for this business. Consequently, I am very reluctant to invest
capital based on their unproven numbers.
My intention, should the City of Delray Beach agree to assign the
Agents Contract to Prearrangements of Delray, Inc., is to hire a
C.P.A. located in Delray Beach. The C.P.A. will install a general
ledger and implement proven, accepted accounting procedures. The
monthly reports generated will be in a format acceptable to Mr.
David Huddleston and Mr. Frank Deering. The C.P.A. will also
provide an annual certified audit.
Prearrangements' willingness to over-fund the escrow accounts at
the rate of 35 percent make it possible to construct the mausoleum
and Lawn Crypt Gardens before the fourth year requirements of the
original City Agent Contract. This also generates a sound
financial statement for Prearrangements of Delray, Inc. With a
good financial statement, it would be possible to borrow on
receivables to build the mausoleum sooner, than the fourth year.
These escrow funds not only are a legal obligation but a moral and
ethical commitment to the consumers who have already purchased
Pre-needs.
The City of Delray Beach is concerned with its image to its
citizens. My wife and I are equally concerned about our image and
reputation. Both us us are active in church and community
affairs. Rather than have a dissatisfied customer, we would
personally reimburse these customers to maintain our integrity and
reputation.
Through responsible fiscal management and good community
relationships, we will be able to maximize the profits for both
the City of Delray Beach and ourselves. This will enable us to
enhance the present cemetery facilities of Delray Beach.
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Prearrangement 5 Year Plan
Year 1 Year 2 Year 3 Year 4. Year 5 Total
Sales 405 487 593 727 777 2989
Spaces 77 77 77 77 77 335
Interment 32 32 32 32 ,32 160
Merch,
Vaults 34 34 34 34 34 170
Markers 53 70 91 118 153 485
Monument 1 1 1 1 1 5
Urns 3 3 3 3 3 15
Merch, Total 91 108 129 156 191 675
Maus, Niches 11 14 19 25 27 96
Maus, Crypts 99 132 171 222 230 854
Lawn Crypts 95 124 165 215 220 819
Total Maus, & L.C, 205 270 355 462 477 1769
City Comm
Spaces @50% 38,5 38.5 38.5 38,5 38,5 192.5
Interment @100% 32 32 32 32 32 160
Merch, @20% 18.4 21. 6 25.8 31. 2 38,2 135,2
Maus. C & N @25% 27.5 36.5 47,5 62 64 237.5
Lawn Cr, @25% 23.8 31 41.3 54 55 205,1
Total 140.2 159,6 185,1 217,7 227,7 930.3
Escrow
Merch. @35% 31. 9 37.8 45,2 54,6 66,9 236,4
* Const, @35% 72 94.5 100 50 50 100
Total 103.9 132.3 145.2 104,6 116,9 336,4
Sales Cost @20% 74.6 91 112,2 118,8 149 545,6
Oper. Cost 125 131 137 147 152 692
Pre-tax Profit -38.7 -26.9 13.5 138,9 131,4 2182
* Fund to 300 for Maus. by third year
000 Omitted
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Fixed Overhead
Year 1 Year 2 Year 3 Y",ar4 Year 5 Total
Advertising 5 6 7 8 8 34
Contributions ", ') 2 3 3 12
~ ,-
Depreciation 1 1 1 1 1 5
Gifts & Ent. ,> 2 2 2 2 10
"-
Insurance 2 2 2 3 3 12
Salaries 50 55 60 65 70 300
Legal 4 4 4 4 4 20
Accounting 8 8 8 8 8 40
Rent 13 13 13 14 14 67
Telephone 8 8 8 8 8 40
Utilities 2 2 2 3 3 12
Al Vocke 8 8 8 8 8 40
Office Supp. 3 3 3 3 3 15
Printing 5 5 5 5 5 25
City Comm. 12 12 12 12 12 60
Total
125
131
137
147
152
692
000 Omitted
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Pre Arrangement Liabilty
1.i~.Qiil~
~~1Dg~~_1.i~~.il~~
Escrow
Construction (arrears)
Al Vocke
*
P.B.C. 121
8
31
60
40
5
2
5
6
1
5
8
10
Merchandise (arrears)
City Commision (arrears) *
Rent (arrears)
Utilities (arrears)
Legal (arrears)
Sales Tax (arrears)
Fed. with. tax (arrears)
FICA (arrears)
PBC (arrears)
Misc. (arrears)
Total
181
121
000 Omitted
1. The 181,000 is probably too high. This does represent the amounts as we
think they exist today. The audit of Ernst & Whitney will be exact.
2. The * figures are amounts to be included in .. fixed overheads ..
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PREARRANGEMENTS LIABILITY FUNDING
Prearrangements will fund the amounts in arrears as follows:
l. Inject capital as necessary to cover fixed overheads.
2. Pay construction account escrow arrears within 30 days
of certified audit by Ernst & Whinney.
3. Pay merchandise account escrow arrears within 180 days
of certified audit.
4. Pay city commissions in the following manner:
A. Release funds from Merkle, Bright & Sullivan escrow
(approximately $8,000.00) to pay city commissions from April 9,
1989, through May 19, 1989, upon completion of agreement with
Total prearrangements by June 27, 1989.
B. Pay city commission arrears of approximately
$60,000.00 at the rate of $1,000.00 per month (see Fixed
Overhead). This amount cannot be ascertained until certified
audit is completed. If this amount is greater than $60,000.00,
the excess above $60,000.00 will be funded within 30 days of
certified audit. Should the amount be less than $60,000.00,
prearrangements Inc. will pay this lesser amount at the rate of
$1,000.00 per month commencing 30 days after certified audit.
Prearrangements will not pay debt service on this capital.
C. Continue to pay city commissions weekly on current
sales as Prearrangements has since May 19, 1989.
5.
service
Pay Al Vocke $40,000.00 over five years with no debt
(see Fixed Overhead).
6. Fund approximately $8,000.00 arrears to Professional
Bankers Corp. upon closing.
7. Fund legal obligation not to exceed $5,000.00 upon
Closing.
8. Fund rent and utilities arrears not to exceed $7,000.00
upon Closing.
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MARKETING PLAN
This type of service (Pre-Need) is very simple to market and sell.
There are three requirements necessary to sell anything:
1. Create a need for the product or service (Advertising).
2. Show a method to fulfill this need (Sales
Presentation).
3. Give a reason for acting NOW (Pre-construction
Discounts, Limited-Time Offer, or Free-Space Offer. There must be
an incentive to act NOW).
Our plans are to use:
1. Advertising in Delray Beach newspapers offering Pre-
Construction Allowance or Limited-Time Offer. This will not
change our agreed upon pricing. After completion of the mausoleum
and Lawn Crypt Gardens, it is our intention to increase our agreed
prices by 20 percent. Illustration:
AFTER
CURRENT ALLOWANCE CONSTRUCTION
Lawn Crypt Gardens
Two for $1,500.00 $300.00 $1,800.00
Mausoleum
Two for 4,000.00 800.00 4,800.00
In our advertising, we will show this allowance as "Save Now." We
will also itemize in our advertising everything the consumer
receives for $1,500.00 or $4,000.00 now. There will also be a
qualifier of "Prices SUbject to Change." This method will
generate inquiries, and more importantly, create the reason for
acting NOW.
2. We will do a market survey by phone to determine if
consumers presently own cemetery space. From this pre-screened
survey, we can do a direct mail offer to be followed by personal
contact by our sales force. Since we will only mail to consumers
who do not presently own space, we will reduce the cost of this
mail campaign.
3. Our intention is to use "Free Space" as a door opener
and also as an incentive to act NOW. This "Free Space"
Certificate will be numbered (to keep a record of each certificate
used). Before one is given to any consumer, it must be
countersigned by the consumer, Prearrangements, and a member of
the City Staff (probably Mr. J. Weldon). When one certificate is
issued, Prearrangements will reimburse the City 50 percent of
$350.00 (current price). This certificate will require the
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consumer to validate annually. We will mail a form letter 30 days
prior to expiration and follow this with phone contact one week
prior to expiration. A valid attempt will be made to keep this
certificate current in order to sell this consumer additional
merchandise. If, however, the consumer does not validate, we will
charge the City for 50 percent of $350.00 (current price). Each
certificate will have the terms of this procedure on it.
4. We would like to establish a Veterans' section in the
present cemetery. Once this is completed, we will then advertise
and offer special concessions to U.S. veterans and their spouses.
Any marketing concepts, tools, or advertising must be approved by
City Staff, in writing, prior to implementation. This approval or
disapproval should be responded to within ten working days of
request.
There has been negative publicity created by previous management
that needs to be addressed.
1. By using Delray Beach newspapers to advertise, we will
be able to obtain positive press releases.
2. Personal contacts with local funeral directors to
establish sound working relationships.
3. Obtaining the right type of sales personnel to eliminate
misrepresentations to the public.
4. In general to "clean up the act of previous
management".
5. To operate this business in a sound, fiscally
responsible, and ethical manner.
As these things discussed in this plan are accomplished, it will
allow us to beautify the present facility as well as maximize the
profit potential for the City of Delray Beach and Prearrangements
of Delray, Inc. During the next six (6) months, we will do a
pricing survey of Boca Raton and Boynton Beach to insure our
prices are competitive.
It is necessary to have these tools in order to make this business
viable. There must be a clear understanding between City Staff
and Prearrangements of Delray, Inc. on the sales and business
philosophy.
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AGREEMENT WITH TOTAL PREARRANGEMENTS, INC.
In order to have access to the financial records of Total
Prearrangements, Inc., a contingent agreement was entered into.
This agreement encompasses the following:
1. Prearrangements of Delray, Inc. would function as
manager until the City of Delray Beach approves assignment of the
contract. Said approval to be obtained by June 15, 1989. During
this time, Prearrangements must keep city commissions current on
current receivables.
2. Prearrangements of Delray, Inc., will acquire all assets
of Total Prearrangements, Inc.
3. Prearrangements will assume the following liabilities:
A. Contingent Liability at Professional Bankers Group
(Approximately $121,000.00).
B. The escrow accounts in arrears at the time of
agreement (Approximately $39,000.00).
C. The city commissions in arrears through May 19,
1989, not to exceed $80,000.00.
D. Al Vocke contract not to.exceed $40,880.00.
E. Rental and arrears.
F. Legal arrears.
G. Telephone arrears.
The finalized agreement between Mr. Aubrey and Prearrangements of
Delray, Inc. will be completed by June 27, 1989.
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CITY
COMMISSION
DOCUMENTATION
TO: WALTER O. BARRY, CITY MANAGER
/"" .J L,_
~_ ~ I, /' 'l'---.~
VIA: FRANK R. SPENCE, DIRECTOR
~VELOPMENTJSE~CE~ GROUP
~'-.. / C~'-..; \ "-.lcC'.L
FROM:b~ID J. KOVACS, DIREcToR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF JUNE 13, 1989
SITE AND DEVELOPMENT PLAN, GROVES OF DELRAY
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
disposition of the proposed site and development plan
for the Groves of Delray.
BACKGROUND:
This item has been in process for quite awhile. Documentation
was forwarded for consideration by the Commission for April 25,
1989. However, by verbal request, the item was deferred on two
occasions. It is appropriate for the City Commission to consider
the item so that it can either be put to rest or referred with
direction to the Board. ----
Please see the previous documentation (April 25, 1989) for more
background.
PLANNING AND ZONING BOARD CONSIDERATION:
The Board recommended denial on a 4-1 vote at its meeting of
April 17, 1989. See the April 25th documentation for details.
RECOMMENDED ACTION:
Support of the recommendation of the Planning and Zoning Board
and, by motion, deny the site and development plan for the
proposed "Groves of Delray" based upon a finding that the
proposed site and development plan does not meet the standards
for evaluating site and development plan applications (173.867).
Attachments:
April 25th documentation
Staff report for Agenda Item V.A., P&Z April 17th
Reproduction of site plan
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C L T Y
COM MIS S ION
DOCUMENTATION
TO:
WALTER O. BARRY, Cr,rY MANAGER
~t:?~
FRANK R. SPENCE, DIRECTOR
VELOPMENT SERVICES GROUP
VIA:
FROM:
--V~~
D ID J. KOVACS,~~~~OR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF APRIL 25, 1989
CONSIDERATION OF SITE AND DEVELOPMENT PLAN FOR
THE GROVES OF DELRAY, RESIDENTIAL DEVELOPMENT
ACTION REQUESTED OF THE COMMISSION:
The action requested of the Commission is that of
approval of a site and development plan for a proposed
150 unit townhome residential development to be located
northwest of the Woods of Southridge. The project is
known as "The Groves of Delray". Haggerty Development
as applicant.
BACKGROUND:
This project has a long history dating back to the time of
annexation in the summer of 1987. Several site plan
considerations have been reviewed and each was rejected for being
technically deficient or otherwise not comporting with specific
development policies or requirements. A plan which apparently
meets technical requirements (the P&Z staff report does list
several conditions of approval) was submitted in February, 1989,
and formally went before the Planning and Zoning Board on April
17th.
Your attention is directed to the full staff report for a
complete description of the project, background, and an analysiS
of the submission. In short, the project provides for the
following:
150 new townhome units;
incorporation of 6 existing townhomes (Bessie Street
Townhomes) into the projects circulation system
(townhome residents voiced Objection to the proposed
site plan);
extension of SW 10th Avenue from Linton Boulevard to
the site as the means of access;
privatization of the community through a perimeter
fence/wall and single point (non-secured) of entry;
an amenity package consisting of a lap pool (1 lane, 85
feet in length), a tot lot (200 sq.ft.), and 2.600
sq.ft. recreation building (no floor plans were
provided) ;
a density of approximately 12.4 units per acre.
PLANNING AND ZONING BOARD RECOMMENDATION:
The Board considered this item at it's regular meeting of April
17th. The site plan consideration did not require publiC notice
and hearing, however notice was provided to the Woods of
Southridge Property Owners Association and residents of the
Townhomes along Bessie Street. Residents of the townhomes spoke
in opposition to the manner in which the site plan accommodated
their access and parking needs.
To: Walter O. Barry, City Manager
Re: City Commission Documentation
Meeting of April 25, 1989
Consideration of Site and Development Plan for the
Groves of Delray, Residential Development
Page 2
Board Members stated that they felt the staff was gracious in its
review and recommendation of approval subject to conditions;
however, it was the opinion of the Board that the proposal did
not meet the standards for evaluating a site and development
plan. Accordingly, they recommended denial on a 4-1 vote based
primarily upon a failure to find the proposal compatible with
Standard "J" to wit: a "determination of the suitability of the
site plan, with particular attention to assuring that the
appearance and general layout of the development will be
compatible and harmonious with adjacent and nearby properties and
the city as a whole, so as not to cause substantial depreciation
of property values".
RECOMMENDED ACTION:
Support of the recommendation of the Planning and Zoning Board
and, by motion, deny the site and development plan for the
proposed "Groves of Delray" based upon a finding that the
proposed site and development plan does not meet the standards
for evaluating site and development plan applications (173.867).
Attachment:
Staff Report for Agenda Item V.A., P&Z Meeting of April 17th
REF/DJK#43/CCGROVES.TXT
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PLANNING & ZONING BOARD
-C I TY OF DELRAY BEACH
MEETING o:lTE: APRIL 17, 1989
STAFF REPORT
AGEN:}q ITEM:
V. A
ITEM:
CONSIDERATION FOR SITE AND DEVELOPMENT PLAN APPROVAL FOR GROVES .OF DELRAY
GENERAL
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ITEM BEFORE THE BOARD:
The action befoFe the Board is that of making a recommendation on
a site plan for the Groves of Delray. The proposed development is
located north of Linton Boulevard, east of S.W. 10th Avenue
extended, south of S.W. 11th street and west of S.W. 8th Avenue
BACKGROUND:
Of the project's 12.1 acres, the Haggerty Development Group owns
approximately 8.3 acres, 3.4 acres to the south is owned by
Linton Joint Venture, and .4 acres is in six separate townhouse
ownerships.
The six townhouse units located, west of Bessie Street are owned
fee simple. These six units were part of a proposed 46 townhouse
development approved in September, 1982, when the property was in
the County. The original developer only finished 6 units before
defaulting on the mortgage. The development upon completion,
would have had access from S.W. 10th street. Interim access waa
provided to the six units via Bessie street to the east. Floridlf
Coast bank took control of the property through foreclosure and!
later sold all of it, with exception of the six townhouses" t~
the current contract seller. l
In 1985 a site plan for the 3.4 acre area was submitted
depicting a 48 unit multi-family condominium project at a density
of 13.95 units per acre. The proposal consisted of three, two
story, multi-family condominium buildings containing between 10
and 20 units. The six townhouses were proposed to be
incorporated within the project through a master homeowners
association. The Planning and Zoning board reviewed the site plan
and recommended approval on February 19, 1986. Approval was
given by City Commission on March 25, 1986. The approval was
subject to conditions and a time limit of 18 months. No further
activity occurred and the site plan expired on December 25, 1987.
The 8.37 acres owned by the Haggerty Group is a part of property
annexed to the City in December of 1987. The total area annexed
was 9.9 acres" RH zoning was applied. During the zoning and
related land use map hearing, the following significant points
were aired: '
that there should be no access onto S.W. 8th Avenue;
that resulting development would be responsible for
extending S.W. 10th Avenue from Linton to the site;
that resulting development would be assessed against
the performance standards of the RH Zone District;
and at the Commission meeting, approval was cautioned
that a density greater than ten units per acre would be
viewed very closely.
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P&Z Staff Report
Meeting of April
Groves of Delray Beach
Page 2
In April, 1988, a site plan submittal was made which did not
include right-of-way for an extension of S.W. 10th beyond the
south boundary of the Linton Forest Joint Venture site. After
review of a traffic study and discussions with the Planning and
Zoning Board, the site plan submittal was amended to provide such
a right-of-way.
The revised site plan was reviewed by the Planning and Zoning
Board at a work session held on October 7th. Prior to that date,
this Department informed the agent, in writing, that because of
the magnitude of the changes which would be required that it
would not be possible for a new plan to be devised and reviewed
for action on OCtober 17th. At the work session the Planning and
Zoning Board aired its displeasure with the proposed development
as it was then designed. The site plan however was considered at
the Planning and Zoning Board meeting of OCtober 17, 1988 at
which time the applicant requested a continuation to redesign the
project based upon the Board's comments. The Board granted the
continuation. ~
The applicant redesigned and resubmitted his development proposa
on December 2, 1989. The redesign include a townhouse cluste~
concept with a central courtyard. After staff review, revised
plans were again prepared. Those revised plans, submitted on
February 21, 1989 are the basis of the ,following evaluation.
PROJECT DESCRIPTION:
With staff review of the December 2, 1989 submittal three major
items were identified.
The first, was as the developer is seeking abandonment of a
portion of Strickland Road and S.W. 12th Street, modifications to
the off site traffic circulation pattern were to be accommodated.
The revised plans addressed the concerns to provide proper
traffic circulation by dedication of right-of-way for a
cul-de-sao at the terminus of Strickland Road.
The second item, was the location of the quard house and it's
potential to impact S.W. 10th right-of-way. Initially the
applicant had proposed locating a guard house with gates in the
S.W. 10th street right-of-way. The applicant was informed
structures where not allowed within the right of way. On
December 2, 1988 the applicant returned with a proposal to locate
the guard house approximately 25 feet from the edge of right-of-
way internal to the development. Inadequate vehicular storage
was provided and the applicant was unwilling to redesign the
entry way to accommodate proper stacking distances.
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P&Z Staff Report
Meeting of April
Groves of Delray Beach
Page 3
With the resubmittal the applicant has removed the guard
house and gates. The Engineering Department has recommended
elimination of the small traffic island currently proposed
between two ingress lanes.
The applicant is hereby advised that no gate or guard house
system which would restrict traffic movement will be allowed
in the future unless the entry is modified to accommodate a
100 foot stacking distance to be measured from the edge of
right-of-way for S.W. 10th Avenue.
The third item, was that due to the proposed building layouts
fire access to the rear of some of the units was restricted.
With the resubmittal, fourteen foot stabilized sod fire
lanes have been provided behind buildings number 7 & 13. The
Fire Department has reviewed the plan and found it
acceptable subject to the installation of turf block on both
sides of the fire lanes. '1
The current development prOpOsal involves the construction of 150
new, two story townhouse units, a combination of 110 two bedroom
units (1,231 square feet) and 40 three bedroom units (1,349
square feet). The development is to be family orientated with a
target market of first time buyers, and empty nesters.
An amenity packaoe inCluding a 2,600 square foot recreation
building, lap pool and tot lot area has been proposed. The
development will be surrounded with a 6 foot wall with one point
of ingress and egress from S.W. 10th Avenue. No guard house is
proposed. It is noted that the amenity package is less than that
presented to the Board in October.
With the construction of the Groves, the existing six Bessie
townhouse units must be provided access to a public street. The
developer has indicated they will grant an easement for ingress
and egress through the Groves. This easement will be provided
through the plat. This developer is to provide a proper terminus
for Bessie Str~et including removal of pavement, installation of
curbing, installation of a segment of wall etc.
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The Bessie Townhouse homeowners will be separate from the Groves
i.e. no joint use of facilities and no maintenance
responsibilities. However, the existing townhouses common
property on which parking was originally provided was foreclosed
on and will become a part of the Groves development. It is,
therefore, the responsibility of the Groves to provide the
existing townhouses with adequate parking. A parking area has
been provided on the Groves property and will be the maintenance
responsibility of the Groves Homeowners Association. Agreements
addressing the access easement, separation of association
responsibilities, and the parking arrangement between the Bessie
townhouse owners and the developer of the Groves must be
confirmed in writing.
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P&Z Staff Report
Meeting of April
Groves of Delray Beach
Page 4
To provide buffering for the Bessie townhouses the fOllowing
perimeter wall treatments are proposed.
A solid six foot stucco wall to the north;
A five foot grated fence with Hibiscus 24" high, 30" on
center to the west, between the townhouses and the
recreation area;
The existing wooden slat fence on the east will remain;
To the south will not be buffered as in this area parking
will be provided.
Pursuant to the annexation and initial zoning request of
December, 1987 the applicant is responsible to obtain the
necessary rioht-of-way for S.W. 10th Avenue from the project
entry south to the Linton Blvd. The status of the right-of-way i.,
as follows: '
Currently south of the project not all of the fifty feet oft
right-of-way has been dedicated. ,An additional 10 feet is
required from Southridge Plat 2 of 2 recorded in Plat book
13 page 39.
( With the approval of the Southridge development to
the south in September, 1985, dedication of additional'
right-of-way and construction of S. W. 10th Avenue to
project entry was required. A $30,000 letter of credit
was provided to the City for roadway construction.
However, the plat dedicating the additional right-of-
way was not recorded and the letter of credit has
expired. The City is currently in litigation with the
developer to obtain the necessary right-of-way.)
An additional 25 feet
commercial property, as
west. ·
is required from Bill Wallace's
well as the HRS property, to the
( A 'site and development plan was approved by City
Commission in August for the Bill Wallace property to
the west. A condition of approval was that the site be
platted and proper dedications be given for Germantown
Road and S.W. 10th Avenue. A letter is in the file
from Mr. Wallace indicating he will cooperate with the
City and all other parties in providing the rights-of-
way necessary to make the connection of S. W. 10th to
Linton Boulevard. Also in the file is a copy of a
letter from Mr. Wallace to Mr. Haggerty agreeing to
sell a strip of land 7 feet in width along the east
border of his property. The seven foot strip is
required to avoid an offset roadway.)
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P&Z Staff Report
Meeting of April
Groves of Delray Beach
Page 5
SITE PLAN ANALYSIS:
The site plan has been reviewed using criteria outlined in
Section 173.867 "Standards for Evaluatinq Site and Development
Plan APplications". Following is the result of that review.
Standard *1 (SUfficiency of materials) This standard has been met
with an acceptable submittal.
Standard *2 (impact of the proposed use)
The development proposal abuts vacant property to the west, and
single family uses (R-1A) to the north, east and south. The
higher density of the townhouse development will act as a buffer
between anticipated commercial use to the west and the single
family uses to the east.
The applicant has proposed a combination of wall types surroundia,
the development to provide bUffering. The wall types include a 61
foot high galvanized steel grated fence along the western edge; ~
solid CBS block wall around the north and northeast property lin.l
and utilization of the existing wooden fence and concrete wall of
the Southridge development along the south and southeast property
lines.
The appropriateness of utilizing the existing wooden fence of the
Southridge development should be addressed by the Board. It may
be more appropriate to required upgrading to a similar wall
treatment as provided for the balance of the project. With the
site plan approval of the Linton Forest development in June 1986
(south part of the present proposal) the applicant was required
to provide a six foot fence or decorative wall in this area.
The Zoning designation for the property is a combination of RH
and RM-15. The RM-15 tract has a density of 13.44 units per acre
while the RH tract has a density of 11.86 units per acre. The
development has an overall density of 12.41 units per acre.
The RH Zoning 'District has a base of 11 units per acre and a
range from 11 to 15 units per acre. Approval above the base is
to be made in ~ompliance with Sections 173.203 and 173.207.
Section 173.203 specifically deals with duplex exception and
does not apply.
Section 173.207 deals with 4 performance standards.
The fOllowing performance standards are mandatory areas of
consideration for all site plan requests above the base density
of the RH District. A finding of fact that each performance
standards has been satisfied shall be made prior to the granting
of any increase over the base density.
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P&Z Staff Report
Meeting of April
Groves of Delray Beach
Page 6
(A) Performance standard 1: water services.
(1) The Department of Public Utilities must agree to
supply water to the development.
(2) There shall be provided proof that prior
commitments of water plus the projected need for
the development do not exceed supply and treatment
capacity.
This performance standard has been met in that the Utilities
Department has agreed to supply water for the development
and ample water and water treatment capacity exists.
(B) Performance standard 2: sewer services.
( 1 )
The South Central Regional Waste Water Treatmen~
and Disposal Board must agree to supply sew.
service to the development. ;
There shall be provided proof that prior
commitments of sewer service plus the projected
need of the development do not exceed treatment
capacity.
( 2 )
The South Central Regional Waste Water Treatment and
Disposal Board is not the agency to contact for capacity
conformation. The performance standard is meet in that the City
of Delray Beach Utilities Department has indicated that ample
treatment capacity exists to serve this site. Improvements will
be required to two downstream lift stations to handle the sewage
discharge from the development (see discussions under Standard
No.7) .
(C) Performance standard 3: streets.
.
(1) Streets serving a proposed project shall during
'and upon completion of the project, not exceed
reasonable and safe levels of service. As the
standard, streets shall be maintained at levels of
service having stable flow characteristics and
shall only approach unstable flow conditions
during peak traffic periods. In determining the
effects of a proposed development on level of
service, project analyses shall include the
following areas of evaluation:
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P&Z Staff Report
Meeting of April
Groves of Delray Beach
Page 7
(a)
Traffic characteristics and levels of service
of existing streets directly affected by the
proposed project.
(b)
Trip generation and ~rigin destination
projections for the proposed project.
Impacts of the proposed project on affected
streets, including level of service.
(c)
(d)
Impacts
affecting
project.
(e) Radius of development influence.
of previouSly approved projects
the same streets as the proposed
(f) Effects of phasing of the proposed
development including relationships to the
long range thoroughfare plans of the City_,
County, and Metropolitan Plannin~
Organization (MPe), and to the five-year wor~
program of the MPe and Department ofl
Transportation (DOT}.
(g) Effects of roadway alterations anticipated in
the proposed project, inCluding intersection
improvements, turn' lanes, signalization,
median and other improvements.
(h) Highway and intersection design capacities.
(2) The City Engineering Division shall be responsible
for evaluating the traffic impacts of the proposed
development. However, the City Engineer may
require the developer or the developer himself may
opt to prOVide a prOfessional traffic impact
analysis on streets serving the proposed project.
In any case, the traffic evaluation of the project
.shall be in accordance with accepted traffic
engineering practices and Palm Beach County's
-Ordinance No. 81-6 "Traffic Performance Standards.-
A traffic analysis was required and has been submitted. The
report identifies a level of service (B) for Linton
Boulevard upon completion of this project. The development
will be required to construct to City street standards S.W.
10th Avenue (2 lanes) from the project entry south to Linton
Boulevard At S.W. 10th's intersection with Linton Boulevard
a three lane section is required. The intersection will
contain a northbound lane, a combination right turn and thru
southbound lane, and an east):)ound left turn lane with 75
feet of transition and 100 feet of storage. The applicant
has submitted details of these improvements.
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Meeting of April
Groves of Delray Beach
Page 8
(D) Perfo~ance standard 4: environmental impacts.
(1) In any case where a potential environmentally
sensitive area exists, the developer shall be
required to contact the Corps of Engineers,
Department of Environmental Regulation, South
Florida Water Management District, or other
applicable regulatory agencies concurrent with his
application to the city. Where a regulatory
agency indicates probable environmental
sensitivity, the developer may be required to
provide reports or studies to address the
environmental problems.
No environmentally sensitive areas have been identified on
the site. However, preservation of existing trees through
site design and/or relocation has been addressed by the
Landscape Department. (See discussion under Standard No 5
screens and buffers). d.~
( 2) Any proposed development which may create wast'
hazardous to humans or the environment shall
required to provide sufficient information to the
City and applicable regulatory agencies,
sufficient to allow determination of the potential
effects of such waste materials.
This standard
development yet
comply with the
Zoning Code.
generally doesn't apply to residential
if any hazardous waste is generated it must
disposal requirements of Chapter 59 of the
(E) Additional considerations.
(1) The following considerations shall be evaluated
prior to granting any increase in density over the
base, and their deficiency, indi vidually or in
combination, may represent sufficient grounds for
~enial of such application: These include adequacy
of fire protection, drainage proposals,
~ecreational impacts and flood hazard potentials.
These items have been considered in staff review of the
development and no problems exist. The drainage proposal is
discussed under Standard No.6.
(2) In addition to all performance standards above,
the final decision on any change shall include
careful consideration of existing development
patterns and shall provide densities which are
compatible with the character of surrounding
neighborhoodS. ('80 Code, Section. 30-7.5(R)
(Ordinance, passed 4/1/80).
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P&Z Staff Report
Meeting of April
Groves of Delray Beach
Page 9
As previo~sly noted the proposed development will act as a
buffer between the lower density residential and commercial
uses. The density proposed is permissible under RM-15
Zoning as well as RH upon positive findings with respect to
the above performance standards. Buffering via the proposed
perimeter walls and perimeter trees should help mitigate
impacts of the project density on residential uses to the
east.
Standard *3 (ingress and egress)
Ingress and egress to the development is proposed from S.W. 10th
Avenue. As indicated in discussions under Standard No 2
(performance standard No 3) the applicant must construct S.W. 10th
north from Linton Boulevard to the project entry.
Additional right-of-way must be acquired by this developer for
S.W. 10th Avenue. The applicant will be responsible to obtain
the 50 foot right-of-way required for S.W. 10th Avenue north fr!a
Linton Boulevard to the project entry. Additional right of W&
will be required from the Southridge Plat 2 of 2, Bill Wallace'
commercial property and the HRS property to the west. (Se
discussion under project description). North of the project
entry the applicant must dedicate their one-half, or 25 feet, for
S.W. 10th Avenue.
The landscaped traffic circle island in the northeast portion of
site has no functional purpose other than to serve as a design
feature for the project. The Engineering Department has,
recommended the feature be removed.
This project will be constructed around six existing townhouses
which where part of a development called "Linton Forest", Access
to the townhouses must be provided and is proposed via an access
easement (see discussion under project description).
The general circulation pattern proposed is much improved over
the initial submittals. Separation of through traffic and parking
areas is accolltnodated through the utilization of a spine road
with self-contained parking areas.
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Stabilized sod fire lanes have been provided behind Buildings 7 &
13, thus providing proper fire access. Turf block must be
installed on both sides of the access way to allow easy
identification.
Off-site traffic circulation has been accommodated in the
northeast corner of the site by dedication of a cul-de-sac at the
terminus of Strickland Street. The applicant will be requesting
abandonment of portions of Strickland Street and S.W. 12 Street
which currently encroaches into the site.
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Meeting of April
Groves of Delray Beach
Page 10
Standard *4 (off street parking and loading)
Pursuant to Section l73.773(2)(c) the proposed 150 townhouse
units require 300 parking spaces and 75 guest parking spaces.
The existing six townhouses currently utilize existinq parking
developed as part of the common area of the now defunked Linton
Forest development. As the bank foreclosed on the balance of the
Linton Forest development, including this common area, the
existing parking area will be owned by the Groves of Delray
development. The Groves should be responsible to provide the
required 15 parking spaces for these existing units. The
applicant has retain the require 15 spaces on the site plan as
they presently exists. The total parking requirement is therefore
390 spaces. The applicant has provided 390 parking spaces.
Pursuant to Section 173.772(B)(2) a surface of sod over
3stabilized base for guest parking in multi-family developments
is allowed. The City Commission after receiVing th~
recommendation of the Planning and Zoning Board can approve sod!
over stabilized base. Pursuant to Section l73.772(B)(5) al~
parking spaces inclUding those in stabilized sod shall provid"
wheel stops not less than 6 inches in heiqht. The applicant has
proposed 69 of the required 75 guest parking spaces in stabilized
sod. The location of some of the sodded spaces are in areas in
which the parking demand will facilitate almost daily use. Sodded
spaces in these locations are inappropriate and should be paved,
these include:
Twenty-four sodded spaces between BUildings 5 & 6 and 7 , 8
and four spaces south of buildings 5 , 6 where the 45 units
will require 90 parking spaces plus 45 guest spaces. A total
of 65 paved spaces and 25 sodded are proposed.
In addition, four sodded spaces adjacent the recreation
building, three north of Building one, and two spaces south
of Building three.
A handica, space, adjacent the recreation center is shown
sodded, pursuant to Section 173.772 (B)(5) handicap spaces
must be pwed.
Two paved parking spaces shown at the northwest corner of the
site should be stabilized sod as they are located at the end of a
long row of stabilized spaces and would appear out of place if
paved. With the elimination of the above sodded spaces and
addition of two spaces in the northwest corner of the site a
total of 41 sodded spaced will be proposed.
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Meeting of April
Groves of Delray Beach
Page 11
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Pursuant to Section 173.772 (D) (4) landscape islands shall be
provided a minimum of every ten parking spaces. The landscape
islands shall be protected by non-mountable curbing not less than
6 inches in height This standard will apply to landscape
islands proposed between stabilized sodded parking spaces.
Per l73.772(B)(3) all parking spaces, with the exception of
parallel parking spaces, shall be provided with wheel stops not
less than six inches in height. This includes stabilized sod
parking spaces.
Pursuant to Section 173.772 (B) (4), in paved parking lots, that
portion of the parking space extending beyond the car stop may be
sodded. When this option is selected, a continuous curb at least
six inches in height may be substituted for the wheel stops. The
applicant has utilized the above option and provided a six foot
sidewalk approximately seven feet away from the parking are..
With this type of proposal, pedestrians would have to walk acros.~
the grass strip. The sidewalk should be shifted to the edge of
the parking lot and the width increased from six to seven feet,
The two foot car overhang would then be over concrete instead 0
grass, there by reducing maintenance and providing better access.
Pursuant to Section 173.791 no loading bay requirements apply to
residential development.
Standard *5 (screens and buffers)
The development is proposing a combination of 6' solid CBS walls,
galvanized steel grated fence, and utilization of existing wooden
and concrete walls for perimeter buffering.
A 6' solid CBS wall is proposed along the north and east
edges along Strickland Road and S. W. 8th Avenue with the
outside wall face planted with Bougainvilla 10' on center.
Inside th' wall, Mahogany and Live Oaks trees are provided
40 feet on center.
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Along the western property edge (along S.W. 10th Avenue) a
6' galvanized steel grated fence is proposed. Along the
inside of the fence, within the development, a 2 foot high
ficus hedge will be planted 2' on center.
The south and west property lines abutting Southridge
subdivision indicate utilization of the existing wooden
fencing and concrete wall of the Southridge development.
No shrubs or vines are proposed.
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P&Z Staff Report
Meeting of April
Groves of Delray Beach
paqe 12
No wall segment has been indicated at the western terminus
of Bessie Street. Similar wall treatment as provided to the
north and south must be provided in this area.
Every effort to save as many pines as possible should be made.
Two landscape islands can be relocated in order to save trees,
one south of Building 4 and another East of Building 1. Other
trees can be saved West of BUilding 1, North of Building 7, in
the center of Building 1 and one North of the entrance.
Property owners are required to provide and maintain sod and
irrigation to the edge of all adjacent roadways. This
development is flanked by S.W. 10th Avenue, S.W. 11th St=eet,
Strickland Road, and S.W. 8th Avenue all of which are unimproved
roadways. Money to provide sod and irrigation upon development of
these roadway should must be placed in an escrow account. wi th
the preliminary plat submitted the necessary legal documents will
be required. d
The development proposal received preliminary review by the C
on December 28, 1989. A concern of the CAB was the lack of
landscape material between the buildings. In response to that
concern, groupings of Wax Jasmine, Pink Hibiscus, Java Plum trees
and Sabal Palms have been proposed. A typical of the planting
proposal has been provided. However, aS,a result of the required
fire lane behind Building 7 and 13 there will be no room to
install the typical landscaping. The final CAB review of this
development was on April 12, 1989, see the "Community Appearance
Board" section of the staff report for details.
Standard *6 (drainage)
Drainage is proposed via a combination of swale and exfilteration
trenches. The applicant has indicated CMP (corrugated metal
piping) is to be provided under the internal roadways with open
head walls in swale areas. With construction drawings, speCial
treatment of these opening must be indicated, grating etc.
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Drainage is shown Ultimately diSCharging into the eXisting drop
inlet at Linton Boulevard. To get there this development must
install 1190 feet of 24 inch RCP laid within the right-of-way of
S.W. 10th Avenue. A section of CMP (corrugated metal piping)
appears to have been omitted at the northwest corner of building
6. The drainage proposal is conceptual in nature yet appears to
be feasible as presented. With the plat submittal drainage
calculations will be required and a more detailed analysis will
be conducted.
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P&Z Staff Report
Meeting of April
Groves of Delray Beach
Page 13
Standard 17 (s~nitary sewers)
Sewer service is provided via a gravity system which flows into
an existing lift station at the east edge of the development
south of the six existing townhouses. The Utility Department has
identified the need to upgrade the on-site lift station and the
next lift station downstream to accommodate the sewage flows from
this development.
The on site lift station (26 A) is a single phase station and is
subject to failure due to electrical fluctuations. Rewiring to
supply three phase power, changing the pump motors to 7. 5 hp
three phase operation and Changing of the control panel to
accommodate the larger motor starters and breakers will be
required. Peabody-Barnes pumps are recommended.
The next lift station downstream [(26) located within the
Southridge development)] currently has two pumps, one of them
undersized. The undersized pump must be replaced with a largi
pump. The applicant has agreed to make the necessa
modifications to both lift stations. :
With the initial submittal the Utilities Department requested
sewer lines be provided within S.W. 10th Avenue right-of-way with
stub outs to be provided to S.W. 9th Avenue and Strickland
Street.
The revised plans have indicated the sewer line within S.W. 10th
Avenue, but the applicant'S surveyor has indicated because of the
depth of the existing system it would not be possible to provide
the stub outs for S.W. 9th Avenue or Strickland Street. Manhole
Numbers 8 and 10 have been located internal to the development
yet close to both Strickland Road and S.W. 9th Avenue. As sewer
service to the north is to be routed thru this proposed system,
the sewer system must be redesigned to provide stub outs for
Strickland Road and S.W. 9th Avenue.
Standard *8 (u.ilities)
Water service is proposed via an 8" extension from the existing
10" water main located along the east side of Germantown Road.
The system then provides an internal loop and connects with both
a 6" main to the east (Bessie Street) and 6" main to the south
within S.W. 10th Avenue.
An easement will be required across the property between this
development and Germantown Road for the 8 inch extension from
Germantown Road. The applicant has indicated he owns the property
and an easement will be provided with platting.
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P&Z Staff Report
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Groves of Delray Beach
Page 14
The site contains an existing water main installed as part of the
Linton Forest development. The applicant has indicated removal of
some of the existing main and integration of the balance within
the new proposed water circulation system.
Standard *9 (recreation and open space)
The applicant, during work sessions with the Planning and Zoning
Board had indicated an amenity packet would be provided including
the following;
Two air conditioned racquet ball courts
An Olympic size lap pool (75' in length, five lanes)
Clubhouse with two floors, approximately 4000 Square feet
containing an observation deck over the racquet ball court.,
weight and exercise room, two card rooms, lockers, sauna aj
jacuzzi. '
Two tot lots '
The amenity package proposed at this time is considerable less
than was first represented to the Boa'rd. The proposed amenity
packet includes;
A lap pool (1 lane,85 feet in length)
A tot lot (approximately 200 square feet).
A 2600 square foot recreation building ( no floor plans have
been provided).
For open space analysis see discussion under the following
section (Townhouse Development Regulations (A)).
Standard *10 (site development) deals with overall impact of the
site developmedt.
This developmeht will serve as a higher density residential
buffer between the single family subdivision to the east and the
proposed commercial uses to the west. The development housing
type and density (upon positive findings with respect to
performance standards) will be consistent with the assigned
zoning designations.
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P&Z Staff Report
Meeting of April
Groves of Delray Beach
Page 15
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TOWNHOUSE DEVELOPMENT REGULATIONS:
Pursuant to Section 173.073, the fOllowing additional regulations
apply for townhouses and townhouse developments.
(A) Site requirements.
(1) The minimum site size and frontage shall be the
same as those for the zoning district in which the
townhouse development is located.
( 2 ) Not less than 25' of the total area shall be
usable open space, either for recreation or some
other suitable use, public or private. For the
purpose of this section, roads, driveway.,
garages, and parking areas shall not be construed
as usable open space. 'f
The minimum frontage and site size do not apply to th~
individual units. The entire complex meets the RH and RM-15
zoning district requirements. Usable open space has been
roughly calculated and is approximately 25.69' of the site.
(B) 'lard requirements.
(1) Front yard. No building or structure shall be
constructed closer than 25 feet to any street
line, including side streets.
(2) Side and rear yards. No principal building or
structure shall be located closer than ~5 feet to
the side or rear line of the development site.
Twenty-five foot minimum front, side and rear setbacks have
been maintained.
.
(C) Individual townhouse lot requirements.
(1) The lot for each individual townhouse unit shall
coincide with or exceed the the slab area for the
dwelling unit.
( 2 ) No more than two adj acent dwelling units may be
constructed without providing a front setback of
not less than four feet offset front to rear.
(3) Each individual townhouse lot shall be platted in
accordance with the provisions of Chapter 172.
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Meeting of April
Groves of Delray Beach
Page 16
Each individual lot shall coincide or exceed the slab area,
verification will be during the platting stage.
A minimum offset of four feet has been provided and no more
than two adjacent units occur without this setback.
The applicant is aware that plating is required and plating
is listed as a condition of approval.
(D) Spacing between buildings. The spacing between
buildinqs shall be calculated according to the formula
in Section 173.034. In no case, however, shall
buildings be located closer than 25 feet for a
two-story or 30 feet for a three-story building.
Minimum spacing distances have been calculated as part of
the site plan review process and the development meets the
required spacing.
(E)
Of
Length of townhouse row. No townhouse row shal]J
consist of more than eight dwelling units or 200 fee~
of length, whichever is smaller.
A combination of six, seven and eight townhouses in a row
are proposed. Length of the townhouse rows range from 94
feet for the 12 unit cluster to 125 feet for the 16 unit
cluster.
(F) Circulation. Service features, garages, parking areas,
and entrances to dwelling units shall, where possible,
be located on a side of the individual iot having
access to an interior street or road. Walkways should
be designed to connect dwelling units with each other
and connect each dwellinq unit with common open space.
The development lacks an integrated pedestrian walkway
system. The applicant has provided sidewalks from the
parking a.eas to the units yet no provision for an internal
walkway system to the recreation area has been provided.
This townhouse development standard can be satisfied with
the folloWing improvements:
1. Provide a walkway from the parking area for Buildings 9
& 10 to the recreation center. The walkway should be
located south of Buildings 5 & 7 and should include
sidewalk connections to sidewalks east and west of the
parking area between Buildings 7 & 8 and 5 & 6.
Sidewalks within the fire lane must be constructed to
withstand weight of a fire truck.
2. Striped crosswalks and sidewalk se9m8nts should be
provided southeast of Building 14, immediately south of
Building 14, and north of Building 1.
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P&Z Staff Report
Meeting of April
Groves of Delray Beach
Page 17
COMMUNITY APPEARANCE BOARD:
The development received preliminary CAB review on December 28,
1989. Concerns with the over-utilization of Sabal Palms for
buffer trees, grass parking, and the lack of internal landscaping
between buildings (see discussion under Standard i5) were raised.
Concerns over the density, separation between buildings and the
marketability of the courtyard concept were also discussed.
The applicant has revised the
April 12, 1989 for final
elevations and landscaping
conditions;
site plan and was before the CAB on
review. The C.A.B. approved the
plans subject to the following
1. Substitution of aluminum vs galvanized steel for the fence
material proposed along S.W. 10th Avenue
2.
Installation of a more permanent wall feature in lieu
utilization of the existing Southridge wooden slat fence
Subject to landscaping comments in the March 2, 1989
memorandum. All of these comments have been addressed or
included in this report, summarized they are;
of
3.
If
Wheel stops are required for all parking spaces
Relocation of the sidewalk to directly abut proposed
parking
Authorization from FPL to plant within the circular
traffic island
Relocation of water mains to aviod conflicts with
landscaping within the landscape islands
Relocation of some parking landscape islands to save
existing Pine trees
The applicant must return to the CAB for approval of clubhouse
elevations along with any proposed signage.
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OTHER ITEMS:
Signage location is usually required to be shown on a site plan.
As no signage has been shown, the applicant is hereby advised
that modification to the perimeter wall to create an entrance
feature will require a site plan modification. Further, siqnage
approval will require a separate application thru the Building
Department and Community Appearance Board approval.
With the preliminary plat the following items over and above
those normally required must be submitted.
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Groves of Delray Beach
Page 18
Abandonment requests for ingress/egress (Bessie Street) as
noted on Plat of Linton Forest.
Abandonment requests for portions of Strickland Road and
S.W. 12th Street.
Abandonment requests for existing
easements within S.W. 10th Right of way.
Verification that all right of way is dedicated to the City
for the 50' section from Linton Boulevard to S.W. 11th
Street.
FP&L,
Drainage
Construction drawings for off site improvements to S.W.
10th Avenue and Strickland road cul-de-sac.
Elevations and floor plans for the proposed Clubhouse.
Letters of Authorization if perimeter wall or
landscaping is proposed within any easements i.e. relocati9
of FP&L easement along S.W. 10th, landscaping withi
circular feature (utility easement). ,
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Copies of an agreement to provide 15 parking spaces in 0
perpetuity for the existing 6 townhouse units.
Provide an access easement for existing townhouses within
this development.
Verify with Palm Beach County the required control radius
for the roadway at North approach of Linton Boulevard and
S.W. 10th Avenue.
Provide plans for wall segment at the terminus of
Bessie Street. The segment is to match wall material
provided to the north and south of the entry.
Provide construction plans for both lift station
modificat~ons.
Submit leial documents, placing in escrow, funds for
future installation of sod and irrigation to
pavement within S.W. 10th Avenue, S.W. 11th
Strickland Road and S.W. 8th Avenue right-of-ways.
edge of
Street,
Submit Irrigation plans inCluding the location
of on-site wells.
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P&Z Staff Report
Meeting of April
Groves of Delray Beach
Page 19
TECHNICAL ADJUSTMENTS TO THE SITE PLAN:
The following items are technical in nature and need to be
reflected on revised plans submitted with the preliminary plat.
1. Proposed five foot sidewalk shown on the roadway improvement
plans for S.W. 10th Avenue must not extend through the
pavement of Dixie Boulevard. Revise sheet 3 as sidewalk is
shown extending thru Dixie Boulevard.
2. 12" stabilized sub base is required. Revise cross-sections
A and B on paving and drainage plans.
5.
6.
7.
8.
3.
Provide note and location of perimeter wall on site plan.
(The wall is only shown on the landscape plan).
Pavement shall be Type II on roadways and Type I for parking
areas. Provide note on Paving and Drainage plans.
A utility easement extends through the center of a circul';l
drive in front of Building 8. Trees are not shown in tha~
location. However, shrubs are indicated. Writtea
authorization from the appropriate utility companies would
be required.
Water mains servicing fire hydrants are shown with lines
running through the center of landscape islands. The mains
must be offset in order to avoid conflicts with required
trees.
4.
Provide either DIP (Ductile Iron Piping) or sleeves at all
points where the sewer line are proposed under the perimeter
wall.
Relocation of proposed water lines and or modification of
the site plan is necessary where lines are proposed close to
dumpsters (particularity at the northeast corner adjacent
Building 8). A standard Engineering note is that "no
dumpsters 'will not be located within the utility easements".
ASSESSMENT:
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Proposed density exceeds the Dase density of the RH zoning
district. Through the extension of S.W. 10th, Ave. and the
improvements to two lift stations, mandatory positive findings
can be made with respect to the four performance standards.
The next step in a townhouse development project is plating.
With the plat all of the loose ends will be addressed. Major
items such as easement locations, access and right-of-way
acquisition, and off-site improvements will be tied down at that
stage.
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P&Z Staff Report
Meeting of April
Groves of Delray Beach
Page 20
The fOllowing .issues need to be resolved and appropriately
reflected in the conditions of approval.
South wall, utilization of eXisting fencing or providing
similar wall treatment as provided for the balance of the
development. See discussion under Standard No.2, page 5.
Disposition of the traffic island at the project entry
See discussion under the project description of the staff
report. See page 3
Disposition of the circular design feature within the spine
road. If the traffic circle is to remain proper traffic
control signing and marking are required. See discussion
under Standard No. 3,page 9
The Engineering Department is requiring the realignment of
all drives into parking areas to be square intersections,
not jogs. The proposed jog layout causes traffic turniD1
conflicts. See paqe 9 .
Sewer stub outs are required for Strickland Road and S.W. .
9th Avenue providing extension of sewer development to the
north and west. See discussion Standard No.7.
Revisions to accommodate a better pedestrian circulation
system including, relocation of sidewalks, and installation
of pedestrian connections and crosswalks. See discussion page
16
Appropriate locations for stabilized sod parking spaces.
See discussion on page 10
ALTERNATIVE ACTIONS:
1. Continue with direction and concurrence.
2. Reconlmend approval upon positive findings with respect
to the four performance standards under Section
173.107, and positive findings with respect to the the
"Standards for Evaluating Site and Development
Applications", subject to conditions
3. Recommend denial based upon an inability to make
supportive findings under one or more of the standards
and/or failure to make appropriate resolution of the
items listed under the assessment section of this
report.
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Groves of Delray Beach
Page 21
RECOMMENDED ACTION:
Assuming favorable resolution of the items listed in the
Assessment Section, recommend approval based upon a positive
finding with respect to the four performance Standards of Section
173.207, positive findings with respect to the 10 Standards for
"Evaluating Site and Development Applications", and subject to
the following conditions:
1. That the eight technical comments under the technical
adjustment section of the staff report be reflected in
a revised site submittal to be provided with the
preliminary plat submittal.
2. Revisions to the pedestrian circulation system per the
following:
relocation of sidewalks and adj~tment of sidewalk
widths per discussion on page 11
providing a walkway from buildings 9 and 10 to the
recreation center per discussion under townhouse
regulations (F)
1
provide striped crosswalks and sidewalk segments per
discussion under townhouse regulations (F)
3. Modifications of lift station 26 and 26A as discussed on
Page 13.
4. Subject to the construction of S. W. 10th Avenue to
city standards from the development entry south to
Linton Blvd. Improvements are to include a three lane
section at the Linton Blvd./ S. W. 10th Avenue
intersection.
5. Subject to the installation of a wall section at the
western terminus of Bessie Street. Wall treatment is
to be 8imilar to that provided to north and south. See
page 12.
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6.
Provide an escrow account to cover the
irrigation to edge of pavement for S.
S. W. 11th Street, Strickland Road,
Avenue. See page 12.
7. Subject to installation of turf block on both sides of
the fire lanes. See page 13.
cost for
W. 10th
and S.
sod and
Avenue,
W. 8th
8. Subject to the installation of CBS walls adjacent to
Southridge Development in lieu of retention of existing
wooden fences. See discussion on page 5.
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Meeting of April
Groves of Delray Beach
Page 22
9. Provide sewer stub outs for Strickland Road and S. W.
9th Avenue. See page 13.
10. Subject to the realignment of all drives into parking
areas to be square intersections. See page 9.
11. Subject to the elimination and addition of stabilized
sod parking spaces as outlined on page 10.
12. Subject to the elimination of the traffic island at the
project entry.
13. Subject to elimination of the circular design featured
within the spine road.
REF:PD *19/A:GRO
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C I T Y
COMMISSION
DOCUMENTATION
TO:
WALTER O. BARRY, SfTY MANAGER
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FRANK R. SPENCE, DIRECTOR
C::JLOPMENT SERVICES GROUP
, eu:..:jJ h~('CL-
D D J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF JUNE 13, 1989
WAIVER OF CONDITIONS, HAPPY TIMES DAY CARE
VIA:
FROM:
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
waivinq two conditions of approval for the proposed Happy
Times Day Care.
The project is proposed for the southwest corner of SW 1st
Avenue and SW 2nd Street.
BACKGROUND:
The conditional use application for this proposed day care center
was approved in January, 1989, by the City Commission. Two of
the conditions of approval i.e.
dedication of right-of-way by platting
and platting itself
are requested to be waived. In-lieu of the above, the proponent
offers to dedicate by deed and to provide a Unity of Title when
building over lot lines.
Presumably, the request is made in order to reduce the cost of
meeting the requirements.
PLANNING AND ZONING BOARD CONSIDERATION:
The request for waiver has not been before the Board. The
original conditions were recommended by the Board.
The property is currently described as the northern 88 feet of
Lots 1, 2, and 3 of Block 55. Thus;;IT some previous time a
resubdivision occurred by deed. While the request is acceptable,
it is not the most desired way to proceed since additional
documents not related to a plat must be tracked and accounted
for.
RECOMMENDED ACTION:
Commission discretion.
Attachment:
Cover sheet from the original P&Z staff report
letter request for the waiver
c:
Stephen Schwartz, Nash Schwartz & Associates
Nathaniel and Mamie OWens, owners
\~
NSA
Nash, Schwartz
and ~ociates, Inc.
Land Surveyors
Planners
Consulting Engineers
835 S,E. 8th Ave. (Palm Plaza)
DeerfIetd Beach, Florida
(305) 426-1290 33441
May 30, 19&9
Planning Department
City of Delray Beach
100 NW First Avenue
Delray ~each, Florida 33444
RE: WAIVING OF CONDITIONS '7 Ii 8 "HAPPY TIMES DAY CARE"
Dear Director of Planning;
Our firm represents Mrs. Owens' of "Happy Times Day Care", your
# (CU6-270) .
A Site Plan has been approved for this project subject to conditions.
At this time we would like to appear before the Commission and Request
the following:
1. That a 5.00 Foot additional right-of-way for S.W. 1st. Avenue
be granted to the City by way of Quit Claim Deed.
2. That in lieu of replatting the property, a unity of title will
be prepared and executed at the cost of our client.
Should you have questions regarding this request, please do not hesitate
to contact our office.
Sincerely,
NASH, SCHWARTZ &~D ASSOG~ATES, INC.
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Stephen~. Schwartz----
President
SRS/gb
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PLANN 11~LJ
~ITY OF OELRAY 8cHLH
MEETING ~TE: December 19. 1988
--- STAFF REPORT
AGENDA ITEM: III. C.
IT~: CONDITIONAL USE - HAPPY TIMES DAY CARE CENTER, SOUTHWEST CORNER OF S.W,lst AVENUE
AND S. W. 2nd STREET
,GENERAL DATA:
Owner.. . . . .... . . . . . . . . . . . ... . . . .Nathaniel and Mamie Owens
Agent...........................Nathaniel and Mamie Owens
Location........................Southwest corner of S.W. 1st
Avenue and S.W. 2nd Street
Property Size...................12,650 Sq. ft.
Community Redevelopment Plan....Single Family Residential
City Zoning.....................R_lA (Single Family Dwelling
District)
Adjacent Zoning.................North of the subject property is
zoned RM-6 (Multiple-Family
Dwelling District). South, east
and west is zoned R-lA.
Existing Land Use...............Single family residence
!roposed Land Use...............Child Care Center
Water Service...................Existing on-site by connection
into a 6" main located on the
north side of S.W. 2nd St.
ITEM:J:II:.
Sewer Service...................Existing on-site by connection
into an 8" sanitary sewer located
on the north side of S.W. 2nd St.
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[ITY DF DELAAY BEA[H
CITY ATTORNEY'S OFFICE
liD S,[, l;t STREET, Sl'lTE 4 DELRAY BEACH. FLORIDA 33483
4071243- 7090 TELfCOPIER 4071278-4755
"IEMORANDUM
Date: ,June 9, 1989
To: City Commission
From: Herbert W.A. Thiele, City Attorney
Subject: Extension of Lease for City Attorney's Office
In accordance with the City Commission's consensus approval and
direction at your recent meeting, the City Attorney's Office is
still currently investigating expanded office space to be
leased by the City for the City Attorney's Office. We are
investigating both expansions within the current building where
we lease space, as well as space at other office complexes in
the City. Since this is somewhat a time-consuming procedure,
and furt.her, in order to provide for the budgeting of any
necessary expenditures for additional leased space, we did not
feel that we could adequately accomplish a move from the
present location until the beginning of the fiscal year.
Wit,h that in mind, \~e have negotiated an extension of the
current lease for the City Att,orney's Office at our present
location. In that regard, attached hereto please find a letter
from Leonard E. White as attorney-in-fact for our lessor which
agrees to an extension of our current lease on a month-to-month
basis, but which will now require a 120-day notice of intent to
cancel the lease or vacate the premises. The amount of the
lease shall remain the same as it has been the last two years,
with an increase if we have not moved from the site starting on
June 1, 1990. All of the terms and conditions of the lease
remain the same.
We have requested that the City Manager' s Office place this
matter on your consent agenda for your meeting of June 13,
1989, in order to approve of this extension. Once we receive
additional information concerning other potential sites for the
City Attorney's Office, we shall be presenting same to you for
~r consideration.
q'l':lc
Attachment
cc: Walter O. Barry, City Manager
David M. Huddleston, Director of Finance
Ted Glas, PurChasing Director
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A. CONSllELO S. HAGEN
'Leonard E. White
P.O. Box 1810
Delray Beach, PI 33447
May 26, 1989
RtCr~ED ~?i
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City Attorney's Oftj~
C!iy oj Detray Beach '
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Herbert W.A. Thiele, Esquire
City Attorney's Office
City of De1ray Beach
310 S.E. 1st Street, Suite 4
Delray Beach, FI 33483
Re: Extension of Lease for City Attorney's Office
Dear Mr. Thiele:
The lease for the City Attorney's Office located at 310 S.E. 1st Street,
Suite 4, Delray Beach, Florida 33483, which expires May 31, 1989, is
the subject of this letter.
AS you have requested, your lease may be extended on a month to month
basis. We will require a four month notice to the landlord by the tenant
of the intent to cancel the lease or vacate the premises.
The rental of $1,260.83 per month shall remain the same for the first
twelve months ending May 31, 1990,
The rental from June 1, 1990 to May 31, 1991 shall be $1,409.17 per
month.
All other terms and conditions of the lease shall remain unchanged.
There is no other space available for lease in the building at this
time.
This letter may be attached to the lease to serve as an extension of
the lease.
Very truly yours,
~~~--
Leonard E. White
Attorney-in-Fact for
A. Consuelo S. Hagen, Lessor
Accepted and agreed to this
day of
, 1989.
City of Delray Beach-Lessee
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A. CONSUELO S. HAGEN
'Leonard E. White
P.O. Box 1810
De1ray Beach, F1 33447
May 26, 1989
Herbert W,A, Thiele, Esquire
City Attorney's Office
City of Delray Beach
310 S.E. 1st Street, Suite 4
Delray Beach, Fl 33483
Fe: Extension of Lease for City Attorney's Office
Dear Mr. Thiele:
The lease for the City Attorney's Office located at 310 S,E. 1st Street,
Su'te 4, Delray Beach, Florida 33483, which expires Hay 31, 1989, is
the subject of this letter.
As you
basis.
of the
have requested,
We will require
intent to cancel
your lease may be extended on a month to month
a four month notice to the land:ord by the tenant
the lease or vacate the premises.
The rental of 51,260.83 per month shall remain the same for the first
twelve months ending May 31, 1990.
The rental from June 1, 1990 to May 31, 1991 shall be 51,409,17 per
month.
All other terms and conditions of the lease shall remain unchanged.
There is no other space available for lease in the building at this
time.
This letter may be attached to the lease to serve as an extension of
the lease.
Very truly yours,
c~
onard E. White
Attorney-in-Fact for
A. Consuelo S. Hagen, Lessor
Accepted and agreed to this
day of
, 1989.
City of Delray Beach-Lessee
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AjCE1V.EO ON:
JSL~
City Attorney's oii;;;;
CIty of Delray Beach
1152 Lowry Street
Delray Beach, Florida 33483
May 25, 1989
City of Delray Beach
100 N.W, 1st Avenue
Delray Beach, Florid~
Attn: Herb Thiele, Esq.
Dear Herb:
Please accept this letter as a bj~ to lease office space to thQ City
of Delray at the rate of $8,50 per foot per year for a period of two
ye&rti.
The space offered is located in the Blair Building complex, 189 S.E,
3rd Avenue, Delray Beach, Florida.
Ample parking, as well as on street parking, is clvailable in the immediate
area.
Refuse collection, sewer and water is included in the rent. Electrical
and janitori..:: ~ S(':*'. :~e will not be included. Privat~ rest-rooms at\,;: on
":~e premises.
?lease let me know if I can be of any further assisL~~,e,
This offer wil~ W~ valid ~ntil July 3, l~b>.
Sincerely,
~a~
Leo A. Blair
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[Iry DF DELRAY BEACH
FIRE DEPARTMENT
b~
M E M 0 RAN DUM
,I(E'1RY 3. <OE,'\j
TO:
WALTER O. BARRY, CITY MANAGER
KERRY B. KOEN, FIRE CHIEF
MAY 24, 1989
MUTUAL AID AGREEMENT - CITY OF BOCA RATON
FROM:
DATE:
SUBJECT:
Attached you will find a revised agreement for emergency
service response with the City of Boca Raton. This agreement
replaces a previous document establishing mutual aid fire
responses between the City of Delray Beach and the City of Boca
Raton.
This agreement parallels the one approved by the City
Commission recently with Palm Beach County. Accordingly, I
request that this agreement be forwarded to the City Commission
for their review and approval. In addition we will be presenting
similar documents to the City Administration in the near future
to up-date the agreement with the City of Boynton Beach and other
appropriate jurisdictions.
Y~~,\cer
Kerry B. Koen
Fire Chief
Attachment: Emergency Services Agreement
~c: OE,::J.ART'.'ErJ7" r-1E"'L:QL}':'-:~,:~:s .
= - -. . ::.': ;-,:"":" v :3=~CH ~ I_OR iOA 3344.1 . ..l.O; .':'1) ...:.C-.::
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SUNCOM, (40711122,7700
March 14, 1989
Elizabeth Arnau
City Clerk
City of Oelray Beach
100 N.W. 1st Avenue
Oelray Beach, FL 33444-2698
Oear Ms. Arnau:
Enclosed are duplicate originals of the Emergency Services
Mutual Aid Agreement between the City of Oelray Beach and the
City of Boca Raton. Please execute the agreement and return
a copy to my attention at your earliest opportunity. In addi-
tion, I am enclosing a copy of Resolution No. 68-89 authorizing
the agreement.
Thank you for your cooperation in this matter.
Sincerely yours,-
CB: jd
Enclosures (3)
~~~cc
Candace Br~d~~er
City Clerk .
- AN IEQUAI. OI'POlITUNITY IEMl'l.OYlElI _
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2
3
RESOLUTION NO. 68-89
A RESOLUTION OF THE CITY OF BOCA RATON
AUTHORIZING THE MAYOR AND CITY CLERK TO
4
5
6
7
8
9
EXECUTE A MUTUAL AID AGREEMENT WITH THE
CITY OF DELRAY BEACH FOR THE PURPOSE OF
EMERGENCY FIRE SERVICE ASSISTANCE
WHEREAS, the City of Boca Raton has found it desirable
10 to enter into an agreement with the City of Oelray Beach
11 for the purpose of emergency fire service assistance; and
13 thereof is attached hereto; now therefore
WHEREAS, such agreement has been prepared and a copy
14
, -
15 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
16 BOCA RATON:
17
18 That the Mayor and City Clerk be authorized to execute
.
19 the agreement with the City of Oelray Beach, a copy of which is
20 attach~d hereto.
21
22
23
PASSED AND ADOPTED by
the City Council of the City of
"/1(~, 1989.
Boca Raton this
7 day of
24 CITY OF BOCA RATON, FLORIOA
25 ATTEST:
26
27
28
29
30
31
32
33
34
_ 35
"".. tal
_'# ~..-
~l F: D~U' Mayor
~"',
Candace Bridgwater
CIA
RA9/89046
-1-
I
EMERGENCY SERVICES MUTUAL AID AGREEMENT
This Agreement is entered into this
day of
, by and between City of Delray Beach, Florida and the City of Boca Raton.
WIT N E SSE T H:
WHEREAS, tha parties to this Agreement presently maintain a Fire Rescua
Department with lire rescue equipment, fire fighting personnel, emergency medical
equipment, emergency medical personnel, hazardous materials response equipment
and trained technical personnel', and other emergency capabilities; and
WHEREAS, it is deemed mutually advantageous to entar into this
Agreement providing for mutual aid in times of emergency where the need created
may be too great for either party to deal with unassisted,
NOW, THEREFORE, it is agreed by and between the parties that each will
render mutual assistance and service to the other under the following stipulations,
provisions and conditions:
1. Mutual aid and aasistance will be given when properly requested
, .
so long as rendering the aid and a~sistance requested will not place the assisting
party in undue jeopardy.
2. The person requesting mutual aid and assistance shall give the following
in formation at the time hia request is made:
a) The general nature, type and location of the emergency.
~
b) The type of equipment and/or personnel needed.
3. Only the following officials of the participating parties are authorized
to request aid and assistance under this Agreement: The respective Fire Chiefs,
Assistant or Deputy Fire Chiefs or Incident Commanders, and the City Managers of
the Cities of Boca Raton and Delray Beach.
4. In the event of an emergency occurrence which requires additional
assistance, the Fire Chief of the jurisdiction in which the incident is located,
or in his absence, the Assistant or Deputy Fire Chiefs or the Incident Commander,
will direct the activities at the scene where the emergency exists, but personnel
on the mutual aid call will remain under the command of their own officers at all
timea. The rendition of servicss, standard. of performance, di.cipline of officer.
and employees, and other matters incidental to the performance of .ervics. and
control of personnel shall remain within the re.pective control of their own departments.
5. Each participating party reserve. the right to rafu.e a mutual aid
call in the event it doa. not have the required equipment availeble or if, in
its judgement, compliance with the reque.t would jeopardize the protection of it.
own jurisdiction.
I
6. No employee of either party to this Agreement shall perform
any function or service which is not within the scope of the duties of that
person within his/her own department.
7. Persons employed by either party shall not in connection with
this Agreement or in the performance of services and functions pursuant hereto
claim any right to pension, workmen's compensation, unemployment compensation,
civil service, or other employee rights or priVileges granted by operation
of law or otherwise except through and against the entity by which they are
regularly employed.
8. The parties to this Agreement and their respective officers
and employees shall not be deemed to assume any liability for the act, omissions,
and negligence of the other party. Further, nothing herein shall be construed
as a waiver of sovereign immunity, pursuant to Florida Statutes, Section 768.28.
9. All the privileges and immunities from liability, exemptions
from law, ordinance and rules and all pensions and relief, disability, workmen's
compensation and other benefits which apply to the activity of the officers
or employees of either party when performing their respective functions within
the territorial limits for their respective agencies shall apply to the same
degree and extent to the performance of such functions and duties extraterritorially
pursuant to this agreement. Liability for injury to personnel, and for loss
or damage of equipment, shall be borne by the party employing such personnel
and owning such equipment.
rO. The cost of gasoline and other normal supplies used for mutual
aid purposes shall be the responsibility of the party using such supplies,
except that certain expendable supplies, such as foam or other specialty products,
will be replaced by the agency requesting assistance.
11. All compensation for personnel shall be borne by the employing
party.
12. The term of this Agreement is from December 1, 1988 to December
I, 1993.
13. Either party to this agreamant may, upon giving sixty (60)
days written notice to tha govarning body of the other party, terminate this
Agreement and after the effective date of such notice both parties will be
rslieved of any further obligations under this Agreement.
14. This Agreement shall continue in full force and effect for
like terma as that set up in the original term of this contract, subject to
the termination provisions of Parasraph 13.
I
2
. .
15. A copy of this agreement shall be filed with the Clerk of the
Circuit Court of. Palm Beach County, Florida.
16. Both parties to this agreement, on an annual basis, shall
exchange Captial Improvement Plana indicating projected location and anticipated
time frames for construction of future fire stations within their respective
jurisdictions. It is understood that these plans may be modified subsequent
to submission and said plans are Subject to subsequent funding allocations
and approvals.
IN WITNESS WEREOF, the parties hereto have caused these presents
to be signed by their duly authorized officers on this
day of
ATTEST:
CITY OF BOCA RATON
11u<Lu. r?~~~.ll:<
City Clerk
~
~~
-
MAYOR
Approved as to form and legal
sufficiency:
(liuaA-tJ, ?&~j
City Attorney-
ATTEST:
CITY OF DELRAY BEACH
City. Clerk
By:
MAYOR
Approved as to form and legal
sufficiency:
City Attorney
I
[ITY DF DELAAY BEA[H
CITY ATTORNEY'S OFFICE
310 S,[, I" STREET, SUlTl4 DELRAY BLACH, I-LORIDA 33483
407/243.7090 TELECOPIER 407/278-4755
HEMORANDUM
Date: June 9, 1989
To: City Commission
From: Herbert W.A. Thiele, City Attorney
Subject: Approval of Settlement Agreement Document Regarding
Unisys Matter
In accordance with the approval by the City Commission of a
settlement with Unisys Corporati.on, the City Attorney's Office
in conjunction with members of the City Administration have
negotiated the terms of a settlement agreement to affect this
resolution of the dispute between the parties. A copy of the
settlement agreement document itself is attached hereto for
your reference.
Special attention is directed to the provision in the agreement
requiring, to the extent permissible under the public records
and Sunshine laws of the State of Florida, no unnecessary
discussion concerning our allegations against Unisys Corpora-
tion.
While additional technical changes may need to be made (espe-
cially with regard to the indemnification provisions), the
attached agreement meets with the approval of the City Attor-
ney's Office and with the approval of the City Administration.
We have requested that this matter be placed on your consent
agenda for the regular City Commission meeting of June 13,
1989, for your approval and authorization to execute this
agreement.
If you have any questions concerning the content of this
~eement, please contact the City Attorney's Office.
'-fT: lc
Attachment
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cc: Walter o. Barry, City Manager
John Elliott, Jr., Assistant City Manager
Chief Charles Kilgore, Delray Beach Police Department
Richard Zuccaro, Director of Information LResources Mgt.
Frank Deering, Internal Auditor
Major William Cochrane, Delray Beach Police Department
Captian Albert Melis, Delray Beach Police Department
Tina Lunsford, Director of Police Information Services
I
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,CITY OF DElRAYf\BEA[H~t~: 45:'
"":: ''';''~'.'.;~~-;
'~,,~' ;~~ i..
CITY ATTORNEY'S OFFICE
310 S,E, ,,, STREET, SUITE 4 DELRA Y BEACH, FLORIDA 33483
407/243,7090 TELECOPIER 407/2784755
~":EMORANDUM
Date: May 25, 1989
To: City Commission
Walter O. Barry, City Commission
John Elliott, Jr., Assistant City Manager
Chief Charles Kilgore, Delray Beach Police Department
Richard Zuccaro, Director of Information Resources Mgt.
Frank Deering, Internal Auditor
Major William Cochrane, Delray !:leach Police Department
Captain Albert Melis. Delray Reach Police Dl'Jpartment
Tina Lunsford, Director of Police Information Services
From: Herbert IV.A. Thiele, City Attorney
Subject: Receipt of Modified Draft Proposal for Unisys Matter Settlement
Attached. hereto for vour information and review, please find copy of corre-
spondence:'dated May 18, 1989 from Unisys regional attorney Marilyn Y. Klein,
which transmitted to us a modified draft settlement and release document.
lt appears that Ms. Klein has addressed the two maior issues that we talked
about which was the deinstallation definition, as a well as the methodology for
payment of the funds.
While I disagree with the content of her comments in paragraph 3 of her
letter, and with the proposed languap,e in Section 4 of the ap.-reem'mt,
perhaps tnere still is some mutual wording that can be arran l!'e d .
lt would be appreciated if vou could provide me with any detailerl comments
that you have on this proposal at your earliest opportunity so that I can
assemble them into one single document for transmittal to Ms. Klein.
We are hereby requesting that the City Manager's Office schedule this matter
for consideration by the City Commission at their regular City Commission
meeting of June 27, 1989 in order to meet the deadline requested by Ms.
Klein to have the document finalized before the end of June. Not only will
this be necessary to meet Unisys' request, but in order to expedite the
transfer of the equipment within the October 1, 1989 deadline which has now
been agreed to by Ms. Klein and incorporated into this revised agreement.
If you
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have any questions, please contact the City Attorney's Office.
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SE'l'TLEKENT AGREEHENT AND'RELEAsE OF: CLA.IHs
and
For valuable and mutual consideration, the adequacy of which
is acknowledged by the signing of this Settlement Agreement and
Release of Claims ("this Agreement") between
Unisys Corporati.on (.Unisys.)
a Delaware Corporation, successor to
Burroughs Corporation,
Township Line and Union Meeting Roads
(P.O. Box 500)
Blue Bell, Pennsylvania 19424
Ci.ty of Delray Beach, Florida ("Delray")
a Florida municipality
Delray Beach Police Department,
300 West Atlantic Avenue
Delray Beach, Florida 33444
this Agreement is made to bind each of them as well as their
directors, commissioners, officers, employees and other
representatives.
1. Purpose. Each party understands and acknowledges it is
giving a mutual and general release of all claims against the
other, and it is intended that each will have no liability to the
other for Subject Transactions (as defined in this paragraph)
covered, by this Agreement. Accordingly, this Agreement
compromises, resolves, settles and terminates all actual and
potential claims, complaints, demands, causes of action, damages,
costs, expenses, fees and all other liabilities of every sort and
description, direct or indirect, fixed or contingent, known or
unknown relating to or arising out of the Subject Transactions
between the parties covering:
(1) the B1900 CMS System installed for the Delray Beach
Police Department and all associated software and services
furnished and to be furnished by Unisys pursuant to the related
agreements signed by the parties; and
( 2 ) the B26 System installed for the Delray Beach Police
Department and all associated software and services furnished and
to be furnished by Unisys pursuant to the related agreements
signed by the parties.
This Agreement does not settle or release any separate claims
Delray may have against D.M. Data Corporation, an entity
independent of Unisys.
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2. Settlement.
(1) On or before October 1, 1989; Delray shall return to
Unisys, in as good condition as when received, reasonable wear
and tear excepted, all Products listed on Exhibit A of this
Agreement which is hereby incorporated by reference.
(2) In the event all Exhibit A Products are not deinstalled
(that is, properly disconnected and disassembled to avoid damage
to equipment according to Unisys instructions and with Unisys
assistance) and available for packing and return to Unisys on or
before October 1, 1989; then Delray shall ,pay Unisys equipment
rental
(a) at the rate of THIRTY EIGHT HUNDRED DOLLARS
($3,800.00) per month until all components of the B1900 eMS
Systems are available for packing and return to Unisys; and
(b) at the rate of SEVENTEEN HUNDRED DOLLARS
($1,700.00) per month until all components of the B20 System are
available for packing and return to Unisys.
(3) All B1900 and B20 system software and application
software furnished by Unisys as well as all related Products
documentation shall be returned to Unisys or destroyed by Delray
with a signed certification confirming such destruction delivered
to Unisys.
(4) Delray shall maintain the Exhibit A Products in good
working condition up to the date of deinstallation for return to
Unisys. Delray shall pay all Unisys maintenance charges up to
the date of deinstallation.
(5) Unisys shall assist in the deinstallation and packing
of Products and arrangements for return transportation. Unisys
shall pay the return transportation charges. Delray shall bear
the risk of loss or damage to Products until delivery to the
common carrier designated by Unisys.
(6) Unisys shall pay Delray TWO HUNDRED THOUSAND TWO
THOUSAND FIVE HUNDRED DOLLARS ($202,500.00). Such payment shall
be due and payable to Delray when all Exhibit A Products have
been deinstalled and are available for return to Unisys. Unisys
shall be entitled to offset and deduct from its payment to Delray
any amounts then due Unisys as equipment rental in accordance
with Section 2.(2) above or due Unisys for Products maintenance
in accordance with Section 2.(4) above. Unisys shall wire
transfer the net payment to a bank account designated by Delray.
(7) Upon Delray receipt of the Unisys payment in accordance
with Section 2.(6) above, title to all Products on Exhibit A then
owned by Delray shall pass to Unisys free and clear of all liens
and encumbrances. Delray agrees to sign any documents reasonably
requested by Unisys to effect such transfer of title.
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(8) All contracts relating to the Delray Beach Police
Department Bl900 and B20 computer systems are deemed terminated
upon conswnmation of the above settlement. Obligations not to
disclose Unisys Proprietary Information to third parties shall
survive termination.
3. Q~~~E~l ~~~ M~l~al Release. Upon consummation of the
settlement described in Section 2 of this Agreement, each party
releases and forever discharges the other party from any and all
claims relating to or arising from the Subject Transactions
defined in Section 1 of this Agreement.
4. Confidentiality. To the extent permitted by law, the City of
Delray Beach and/or the Delray Beach Police Department, in its
own behalf and on behalf of its commissioners, employees and all
other representatives, agrees not to publicly disparage or
provide personal comments as to the Subject Transactions or
factors leading to the settlement. It is expressly understood
and agreed that neither this Agreement nor any factors considered
in reaching the settlement will be deemed evidence of or an
admission of any liability or wrongdoing by Unisys.
It is understood that this Agreement shall be submitted to
the City of Delray Beach City Commission with a recommendation
that this Agreement be approved and that this Agreement will be a
public record document.
5. General Provisions
5.1 Each party represents and warrants to the other it has
not and will not sell, assign, conveyor otherwise transfer any
interest in the Subject Transactions or related claims.
5.2 Each party acknowledges, with regard to the Subject
Transactions, it will not institute, maintain, assist or
otherwise encourage any action or proceeding against the other
nor aid any third party in any action or proceeding against the
other unless required by law.
5.3 Each party represents and acknowledges this Agreement
has been freely and voluntarily entered into and that no oral or
written representations or promises of any kind, unless
specifically contained in this Agreement, have been made by
either party to induce or otherwise influence the other to enter
into this Agreement. Each party acknowledges it has had the
opportunity to seek the advice and benefit of legal counsel prior
to signing this Agreement.
5.4 This Agreement constitutes the entire agreement between
the parties with respect to settlement of all claims relating to
the Subject Transactions, supersedes all prior written and oral
communications and may be modified solely by a writing signed by
an authorized representative of each party. All signed copies of
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this Agreement are duplicate originals equally admissible as
evidence.
5.5 Each person signing this Agreement warrants that he or
she is the duly authorized representative of the indicated party
and is fully empowered to sign this Agreement on behalf of such
party.
6. Effective Date. The effective date of this Agreement shall
be the date on which the last party signs this Agreement.
UNISYS CORPORATION
CITY OF DELRAY BEACH
and on behalf of the
DELRAY BEACH POLICE DEPT.
By:
By:
Title:
Title:
Date;
Date:
I
Approved as to form:
City Attorney
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DELRAY BEACH~D ~-~ CITY ATTORNEY ~032/(
PAGE 1
03/20/89
(:3/21/89 01: 50
'0",)7 243 7816
rr:
~;Ul.~n:: ?,.
11192
11193
11194
11195
1524B
15249
15250
IIIB4
11185
11186
11187
11188
11189
11190
11191
11176
11177
11178
11179
11180
11181
11182
11183
DELRAY BEACH POLICE DEPARTMENT
POLICE INFORMATION SERVICES UNIT
BURROUGHS/UNISYS INVENTORY
I ~~~~~~
I
ITEX
DF:SC;':i.?TION
10 MB FIX DISK/1MB F 825M4
10 MB FIX DISK/1MB F B25M4
10 MB FIX DISK/1MB F B25M4
10 MB FIX DISK/1MB F B25M4
20 MB FIX DISK/1MB F 825M4
20 MB FIX DISK/1MB F B25M4
20 HB FIX DISK/HOD B25MX4
40 MB MX5 DISK EXPAKSION
40 MB MX5 DISK EXPANSION
40 M8 MX5 DISK EXPANSION
40 MB MX5 DISK EXPANSION
40 MB HX5 DISK EXPANSION
40 HB ~IC5 DISK
20 MB M4 DISK W/FLOPPY
256KH KAM EXPANSION B26-256
12" 29XBO MONO DISPLAY B25-Dl
12" 29XBO MONO DISPLAY B25-DI
12" 29XBO MONO DISPLAY B25-Dl
12" 29x80 HONO DISPLAY 825-01
12" 29XBO MONO DISPLAY B25-Dl
12" 29X80 MONO DISPLAY B25-Dl
121l 29x80 :-iO~~O DISFLAY E25-:;:
12" 29X80 MONO DISPLAY 825-01
12" 29"BO MONO DISPLAY 825-01
12" 29x80 MONO DISPLAY B25-Dl
12" 29x80 MONO DISPLAY B25-Dl
12" 29x80 MONO DISPLAY B25-Dl
12" 29x80 MONO DISPLAY B25-DI
12" 29x80 MONO DISPLAY B25-Dl
12" 29x80 MONO DISPLAY 825-Dl
15" 720x348 COLOR 25-D3
CPU B26 EXP, 512K
CPU B26 EXP, 512K
CPU B26 EXP, 512K
CPU B26 EXP, 512K
CPU B26 EXP, 512K
CPU B26 186 PROC~256K,RS42
CPU B26 186 PROC,256K,RS42
CPU B26 186 PROC,256K,RS42
CPU 186 PROC,256K.RS422,2XRS2
CPU 186 PROC,256K.RS422,2XRS2
CPU 186 PROC,256K.RS422,2XRS2
CPU 186 PROC,256K.RS422,2XRSZ
C~l 186 PKOC,256K.RS422,2XRS2
CPU 186 PROC,256K.RS422,2XRS2
CPU 186 PROC,256K.RS422,2XRS2
CPU 186 PROC,256K.RS422,2XRS2
KEYBOARD B25-K5
OFIS KEYBOARD B25-K21
OFIS KEYBOARD B25-K21
OFIS KEYBOARD B25-K21
OFIS KEYBOARD B25-K21
n~T~ V~VRnAon ~~~_v~,
324932243
324987676
324932102
325644508
339431066
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339545295
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343565594
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343967634
344030218
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301912689
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331129478
349672980
349673178
349673194
349673616
343963567
371845603
371845645
371845884
319473278
331341487
331341503
331341E4:'
33134]859
331341867
331342030
331342758
NONE
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341001824
341001865
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---.--- - - ~----- ~. .- -. .-
" 01:52 aD 243 7816 DELRAY BEACQ ........~ CITY ATTORNEY ~ 003/~
0:;/21/89
PAGE 2
03/20/89
DELRAY BEACH POLICE DEPARTHENT
POLICE INFORMATION SERVICES UNIT
BURROUGRS/UNISYS INVENTORY
Tn :'1':::.: c -: n, '7 ~ . cc
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11202 DD/!,'? Kl::YHOAKD 25-KI 331156075 I
11203 DO/WI' KEYBOARD 25 -K 1 331156406 I
11204 DD/\"P KEYBOAP.D 25-KI 331156224 I
11205 DO/liP KEYBOARD 25-K 1 331156372
11206 DD/WP KEYBOARD 25-Kl 331156174
11207 DO/liP KEYBOARD 25-K 1 331156521
11208 DO/liP KEYBOARD 25-KI 331156273
11264 flONO BIT-flAP '-'PGRSU!:: 25-GRA 319453239
POWER SUPPLY NODULl:: B25-PSl NONE <QTY to)
P01,..'SE SUPPLY NODULE ~ 25 140014535 I
POWER SUPPLY ~IODULE fi25 140014534 I
!l fJ ~.' !~ K SlJPPL,' ~::'Inr..::_?: \:," .; ! :. '_' ': (':..:. i .;-, I
POri:::R SUr-fLY NODlii..E ti:.:) 310593134
11266 ?OWE i: SUPPLY ~1O [) [1 I. C B?&; 32/,816560
- ~
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11263 PO'...1EE S:UP?LY ~1C.J DU LE B2.5 :; 2" 81" 1:; 6
11269 POWER SUPPLY MODULE &25 324814185
11270 POWER SUPPLY NODU LE HZ5 324814839
11271 POWER SUPPLY MODULE B25 324814284
11272 POWER SUPPLY flODULE B25 324815570
11273 POWl::R SUP PLY NODULE B25 324816214
11274 POWER SUPPLY 110DULE B25 324814490
'. : ~ 75 POWER SUP PLY MODULE p.:2 5 324815117
L276 Po~~rE? SO P P LY HOnULE H25 324814979 RETLRt-iED
11277 POWSR SUP?LY MODULE B 25 324814250
11317 120 CP S TBL MAT PTR AP 1312 318137080
15244 120 CP S TEL MAT PIR AP1314 336313622
15245 120 CP S TBL 'lAT PTR AP 1314 336313630
15246 120 CPS TBL '1AT PTR AP1314 336313648
15247 120 CP S TBL MAT PTR AP 1314 336313655
11278 55 CPS LET QUAL PTR AP1305 500019427
11211 PROCESSOR 1990 106580582
11281 130 MB DPD B 9484-51 196063010
lJ209 , B9246-6 ;';/ODI::C PKINTl::l\ 321813008
i
11210 ( ~AG TAPE STREAMER 314791161
11282 ) 402 ~lB FOD DUAL 195997408
11218 ODT ET 1100 324845940
11 220 I ODT ET 1100 324845882
11222 r ODT ET 1100 324845759
11224 I ODT ET 1100 324845908
11226 1 ODT ET 1100 324845833
11228 ODT ET 1100 324845916
11230 I ODT ET 1100 324845973
11232 ODT " ! ! Or..,: 32L:?!:S8~5
11234 I OUT 1:.1 110C- 324845783
11236 OOT ET 1100 324845858
11238 ! ODT ET 11 (In 32484595;
11240 i ODT ET 1100 324846021
11242 I ODT ~ , 1100 324845767
11244 I Oul EI 1100 324845981
11246 ! ODT I:! 1100 324845775
11248 j ODT ET 1100 324845742
11250 ( ODT ET 1100 324845791
11252 OOT ET 1100 .,,? 4 A: /. {.." I ~
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OELRA Y BEAC-rlQ ~~~ CITY ATTORNEY IQ a04/C
PAGE 3
03/20/89
03/~1/89 01:53
~J 243 7816
,~
- -
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11258
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11237
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11243
11245
11247
11249
11251
11253
11255
11257
11259
11261
-:~:~ .....
:7~~!
OELRAY BEACH POLICE DEPARTMENT
POLICE INFORMATION SERVICES UNIT
BURROUGHS/UNISYS INVENTORY
DESCRIPTION
ODT ET 1100
OOT ET 11 00
OOT ET ! 100
OOT ET 1100
OOT ET 1100
OOT ET 2200
OOT ET 2200
OOT ET 2200
OOT ET 2200
GD1':::1,2(:0
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342475068
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342474418
I 342474756
I 342"74665
I 31,2"74145
I, 342474673
342474681
342474699
, 34204723
I 342474731
I 342474764
I 342474988
I 342475399
I 000374710
I 000367656
I 000373373
000373159
j 000337741
I 000364539
I 000338632
I 00033:7683
000352906
i 000337568
00037404J
fJ 0 (1:; j : 5 () 9
OODJ58~27
80(;3382&5
000373894
000357236
000347211
000374652
000376285
000357897
000367359
ODT ET 2200
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OOT ET 727 W/KEY&OAR~
OOT ET T27 W/KEYBOARO
OOT ET T27 W/KEYBOARD
OOT ET T27 W/KEYBOARO
OOT ET T27 W/KEYBOARO
ODT ET T27 W/KEYBOARD
ODT ET T27 W!KEYBOARD
ODT ET T27 W/KEYBOARO
OOT ET T27 W!KEYBOARD
OOT ET T27 W/KEYBOARD
OOT ET T27 W/KEYBOARD
ODT ET T27 W/KEYBOARD
ODT ET T27 W/KEYBOARD
OOT ET T27 W/KEYBOARD
ODT ET T27 W/KEYBOARD
ODT ET T27 W/KEYBOARD
ODT ET T27 W/KEYBOARD
KEY BOARD BETKB-l
KEY BOARD BETKB-J
KEY BOARD BETKB-l
KEY BOARD BETKB-l
KEY BOARD BETKB-l
KEY BOARD BETKB-l
KEY BOARD BETKB-l
KEY BOARD BETKB-l
KEY BOARD BETKB-l
KEY BOARD BETKB-l
KEY BOARD BETKE-j
KEY BOARD BETKti-j
KEY BOARD BETKB-l
KEY BOARD BETKB-l
KEY BOARD BETKB-l
KEY BOARD BETKB-l
KEY BOARD BETKB-l
KEY BOARD BETKB-l
KEY BOARD BETKB-l
KEY BOARD BETKB-l
KEY BOARD BETKB-i
KEY BOARn R~TKR-l
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RETUR:lED
RETURNED
RETURNED
RETURnD
RETURNED
RETURNED
RETURNED
RETURNED
..2.:..._.. ......
~
03/21/89
- "
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CITY ATTORNEY ~005/(
PAGE 4
03/20/89
01 :54
'0,0 243 7816
DELRAY BEACH~ ~~~
: c c ~<:: F:~; T .:.
L
I
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1 j 312
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11351
11352
11353
11286
11287
J 1 28 a
lU89
11290
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11304
11305
ll306
11307
1130e
11310
I 11311
11360
1 J:~61
11362
11363
11283
"';-:..,.
DELRAY BEACH POLICE DEPARTMENT
POLICE INFORMATION SERVICES UNIT
BURROUGHS/UNISYS INVENTORY
SERIAL
NU~lBER
~';~ ~ c: .. .
KEY 50;.F:.D EETKB-l 000540757
KEY EOARD E~lS-1 183161025
KEY BOARD E\oIS-1 183160555
KEY BOARD EWS-l 183604602
KEY BOARD EWS-l 183160944
KEY BO A R 0 EWS-l 183242379
KEY BOA RD EWS-l 183242213
KEY BOARD EWS-l 183242452
:':-,. ,.. :::.' ~~ - 1 183242601
~.. ~ . . L':J2::':::::..:. 7
.,.... S 0;:. i\.Q ;:: '1'0' S - ~ 18324235j
400 KB DD TP422 ]83307578
!.;l'(: :~ ~ ;"1) TP422 I ~ 3 I 8 2 S 7: 7:
.."". "~ - 10"::: u_ ':'....:"
400 KB DD TP 4 L2 183346956
400 ;(3 DD TP 4 2 2 183346865
400 KB DO TP422 183346964
400 KB DD TP 422 ]83346972
400 KB DO TP 422 ]83346949
400 K3 DO TP 4 2 2 18334693]
NUMBER PAD ET5200 323639872
NUMBER PAD ET5200 323639021
~~U~1BER PAll ET5200 323636084
:n;HBER PAil ET5200 323639765
NUMBER PAD ET5200 323685305
NUMBER PAD ET5200 323683953
NGflBEil. PAD ET5200 323684373
I xr:!.n3ER PAl) ET5200 323685016
I NUMBER PAD ET5200 323685024
NUMBER PAD ET5200 323684472
I Nl!I~SER PAD ET5200 323684209
I NUMBER PAD ET5200 323684985
( NUMBER PAD ET5200 323637983
I NUMBER PAD ET5200 323638957
r NUMBER PAD ET5200 323684167
I NUMBER PAD ET5200 323640]85
! NUMBER PAD ET5200 323639922
NUMBER PAD ET5200 323684928
NUMBER PAD ET5200 323640045
I NGMllER PAD ET5200 323685214
NUMBER PAD ET5200 323637645
NUMBER PAD ET5200 323637058
:',' L;~~ B E~. P ,~D ET520G 323603912
1 'I P S :::','1: L'P! 105 E4,3t..0'13c:>:"
:l.i, oJ''\.'
i UP S 5KV U?l105 BATT PACK 34340]3C160
!UPS 10KV UP 121 0 C! 151'103CO 56S,~
! ""0 C : .:) ~.'. i.' C? J 210 BATT ~..' rv
I ~ . _
iups IOKV UP 12] 0 C354026C056AA
UPS 10KV U,,12]0 bATT i'A~t(
CO~SO!..E TABLE 000000000
BURROuGHS TD! BOX B20DCA 324767086
BURROUGp., TO 1 BOX B20DCA 324766534
BURROUGHS T~I BOX B20DCA 324645134
BURROUGHS TDI BOX B20DCA 1?~?""AAI'l
1
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SE'l'TLEHENT AGREEHENT ANIHRELEASEt.OF.ieLAnIs.lfiO... ',~.'/ " v, to"'",
(Unisys Corporation and."City of DelraY.lBeach).
PRODUCTS LIST = SOPTRARE;: ;, " ,
B1900 System
Description
B1900 CMS System
System Software Facility
Master Control prg
Utili ties
eMS Supers tart
CANDE
B26 SYSTEM
( 3) BTOS Hard Disk 4.0
Upgrd Stndalone to Master
MSDOS:BTOS
Bus Graphics 4.0
MT983 Emulator 3.0
Poll/Select 4.0
Enhanced Multiplan
Professional W/P 512 XB
Write-One Dictionary
Style No.
B1990-CMS
eM 1000-SSF
CM 1000-MCP
CM 1000-UTL
CM 1000-SST
CM 1000-CDE
Serial No.
24877813
NS
NS
NS
NS
NS
B1990 SF1 NS
B1990 SMC NS
B1990 DM2 NS
B1990 DMl NS
B1990 CB1 NS
B1990 RunTime LINC 11 NS
B26-ST4
B26-MS5
B20-MD3
B20-BG4
B20-MT3
B20-PS4
B30-EM1
OW 251-WP3
B20-WD3
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CITY DF DELRAY BEACH
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CITY ATTORNEY'S OFFICE
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"~IV'ORANDUM
Data: May 25, 1989
To: Major Ri~k Lincoln, Delrav Beach Pollee Departmant
From: Herbert W. A. Thiele, City Attorney
Subject: Review of Proposed K-9 Sale and Hold Harmless Agreements
This will acknowledR'e receipt of your memorandum of Mav 19, 1989 which
transmitted to the City Attorney's Office for review, the proposed k-9 Sale
and Hold Harmless Agreements for Robert Musco and Thomas Tustin.
Since these agrepments are the forms which we have used in the past, as
prepared by the City Attorney's Office, these ~orms mpet with our approval
as to form. Prior to the time that they are transmitted for consideration bv
the City Commission, they must be prol)erly notarized bv the notary wh~
witnessed the sil\'I1atures of Serg'eants Musco and Tustin. The oriiPnals of
these documents are returned herewith for that purpose.
Once these documents have heen sil\'I1ed by the notary, we would request that
you transmit same to the Cit~' Manager's Office for inclusion in an upcnminp:
City Commission agenda for their policy consideration of the approval of such
a practice as thay have in the past. as well as authorization to execute the
agreements.
If vou have any questions, please contact the City Attornev's Office.
sf
HT:ci
Attachments
cc Chief Charles Kilgore. Delray Beach Police Department
Lae Graham. Risk Management Administrator
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300 West Atlantic Avenue . Delray Beach, Florida 33444,3666
(407) 243,7888 Fax (407) 243,7816
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Delray Beach Police Department
CHARLES KILGORE
Chief of PO/ice
MEMORANDUM
TO:
Walter O. Barry, City Manager
FROM:
Charles Kilgore, Chief of Police
DATE:
June 8, 1989
SUBJECT:
K-9 RETIREMENTS/HOLD HARMLESS AGREEMENTS
It has been brought to my attention that there is some confusion
regarding the sale prices of retired police K-9's to their handlers.
The source of the confusion is the variation of the sale price in the
five instances wherein police K-9's were retired from the Department
and sold to their handler as stated in the "Hold Harmless
Agreements".
The first two retired K-9's were German Shepherds that had performed
for several years to the point that advancing age and physical
problems compromised their abilities. Both of these dogs were sold
to their handlers for the nominal fee of $10.00.
The third retired K-9, also a German Shepherd, was sold to his
handler, Officer Donovan, for $1,000.00 when Officer Donovan
requested and was granted an extended leave of absence. The sale
price was determined in consideration of fair market value as
suggested by K-9 experts consulted. Although this particular dog was
not yet of "retirement age", the decision was made to retire and sell
the dog considering the problems relating to retraining and
reassigning the dog to another handler.
The final two K-9's associated with the May 19 request have been
assigned a sale price of $1.00. This $1.00 fee will be the standard
to be used in future retirement/sale situations wherein the dog no
longer has a "working value". One of the dogs to be retired is a
German Shepherd that has performed admirably over the years but has
now begun experiencing physical problems associated with age. The
final dog to be retired is a Golden Retriever that was donated to the
Department to be trained in narcotics detection. Continued use of
this dog in this capacity and the payment of the monthly allowance to
the handler is no longer warranted due to the limitation of this
dog's use and our ability to use other similarly trained K-9's from
our program when the need arises.
PARTNERS WITH CITIZENS IN BRINGING THE COMMUNITY TOGETHER
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MAY 30 1989
May 26, 1989
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Wal tel' Barl'y, Ci ty I"anayer
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, FL 33444
Deal' 1-11'. Bal'l'Y :
The Atlantic Avenue Association requests authorization to hold
a Sidewalk Sale on Atlantic Avenue between Swinton Avenue and
AlA. This sale is an anl1ual event held duril1q the Independel1ce
Day hOliday period and it is planned for Friday and Saturday,
June 30 and JUly 1.
In addition we would like pel'mission for WDBF Radio to opel'ate
a golf cart along the avenue while cOl1ducting a live l'emote
bl'oadcas t be tween 11: 00 A .1". and 3: 00 P .1,1.
As in previous events, a Certificate of Insurance will be
issued fOl' these dates through the Chambel' of Commerce and
fowarded to the City Attorney's office.
Should yuu have any ques tlons, please feel fl'ee to con tac t me
at 278-0424. I look foward to a favorable reply.
Yours very truly,
<f:"rL~ci ~/J...b{,ttV}L..;; 1. '-;t?
;f /1" I
Kathy Shabotyhskyj ,
Down town Cool'dina tOl'
64 S,E, 5th AVENUE . DELRA Y BEACH, FL 33483 . (407) 278~24
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ENGINEERING DEPARTMENT
M E M 0 RAN DUM
TO: WALTER O. BARRY
CITY MANAGER
THROUGH: FRANK SPENCE ~
DIRECTOR DEVELOPMENT SERVICES
FROM: "bc..GATES D. CASTLE, P.E.
fJ INTERIM CITY ENGINEER
SUBJECT: EASEMENT DEED - LOT 58,
DEL RAY BEACH SHORES
DATE: MAY 19, 1989
At the request of the City, Dr. Charles Smith has granted an
easement for an existing storm drain which runs from Brooks
Lane to a finger canal. The City is planning to do some
repair work on the pipe, but no platted or recorded easement
could be found, therefore, Dr. Smith was contacted to grant
the easement. The City Attorney has reviewed and approved
the easement deed.
Attached along with the Easement Deed is an Agenda Request
for this item.
GDC:slg
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CITY DF DELAAY BEA[H
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MAY 1 7 CJ
ENG!r,~c=;"~";' ~-
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CITY ATTORNEY'S OFFICE
I I ' iI..:. i I } \ ~;... >\ _,
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"!EMORANDUM
Date: May 16. 1989
T0: Frank Spence, D~rec~or of Development Services
Gates D. Castle, Interim City Engineer
From: Herbert W.A. Thiele, City Attorney
Subject: Review of Proposed Storm Drain Rehabilitation Project
Easement Deed
This will acknowledge receipt of your memorandum of April 24,
1989 which transmitted to us a proposed Easement Deed for Lot
58, Delray Beach Shores, for purposes of giving to the City an
easement inVOlving a storm drain rehabilitation project.
In that regard, please be advised that the Easement Deed meets
with our approval as to form and sufficiency, inClUding the
review of the Certification of Title, and same should now be
scheduled for consideration and acceptance by the City Commis-
sion at an upcoming regular City Commission meeting.
If you have any questions, please contact the City Attorney's
Office.
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EASEMENT DEED
THIS INDENTUP.E, mad;, this /1 day of ,4 P(l...1 L- , 1981, by and between
C I-f I} (1...1I1 S A - S'M (7"flllt , ~'Mtm- of the first part, and the CITY OF
DELRA Y BEACH, a Florida municipal corporation in Palm Beach County, State of
Florida, party of the second part:
WITNESSETH: That the parties of the first part, for and in consideration of
the sum of Ten ($10.00) Dollars and other good and valuable considerations to it in hand
paid by the said party of the second part, the receipt of which is hereby acknow,ledged,
does hereby grant, bargain, selland release unto the party of the second part, its
SUCCeSsors and assigns, a right of way and perpetual easement for the purpose of:
, storm clrainaqe with full and free right, liberty, and authority to enter' upon and to
install, operate, and maintain such storm dr"j n,,1P" under, across, through and upon,
over, under or within the following described property located in Palm Beach County,
Florida, to-wit: -
EASEMENT
Ttle West 10' of Lot '58, Delray Beach Shores, as record in plat Book 23, Page 167.
Concomitant and coextensive with this right is the further right in the party
of the second part, its successor,s and assigns, of, ingress and egress over and on that
, portion of land described above, to effect the purposes of the easement.
That this easement shall be su/;lject only to those easements, restrictions,
and reservations of record. That the parties of the first part agree to provide for the
release of any and all mortgages'or liens encumbering this easement. The parties of the
first part also agree to erect no building or effect any other kind of construction or
improvements upon the above-described property. ' (. ,
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, ....:. Parties of the first part do hereby fully warrant the title to said land and
will defend the same against the.lawful claims of all persons whomsoever claimed by,
through or under it, that it has good right and lawful authority to grant the above-
. described easement and that the same is unencumbered. Where the context of this
Easement Deed allows or permits, the same shall include the successors or assigns of the
parties. '
IN WITNESS WHEREOF, the parties to this Easement Deed set their hands
and seals the day and year ,first above written.
P~S/OF THE FIRS~PARJ I. .
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STATE OF FLORIDA
COUNTY OF PALM BEACH
1 HEREBY CERTIFY that on this day, before me, an oUicer authorized in
the State, and County aforesaid to take acknowledgments, personally appeared
( ,il412.lk SA c"..,;-r>> well known to me, and th.ey acknowledged executing the,same.
this
j'j WITNESS my h'Joftd and official ~l in the County and. State last aforesaid
__ day of (:/ ,/2/u"'( , 19-22./ ,',
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tary PubliC, State of Florida at'l.ill'ge
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My Commission Expires:
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Title USA I"wrance r-o'00ration ul New York
P,O, Box 1119 355 ~ 'east Filth Avenue Delray Beach, FL 33444
305,27E ""o~
E-~71TLB
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TITLE USA INSURANCE CORPORATION OF NE;'l YORK HAS SEARCHED THE
PALM BEACH COUNTY, FLORIDA, from ~JUwI 80 to ~~89
legal description: -_
PUBLIC RECORDS OF
on the following
Lot 58, DELRAY BEACH SHORES, according to the
Plat thereof on file in the Office of the Clerk
of the Circuit Court in and for Palm Beach
County, Florida, recorded in Plat Book 23,
Page 167.
AND FINDS:
A. APPARENT TITLE HOLDER:
Charles A Smith, a single man b virtue of that certain
WARRANTY DEED d;t~d~04~/~Bi--.~~f!i;d or-;;;;rdY04 /23 187 in Official
- .....IT - .....,--
Record Book ~~~...., page .b_;~A _, of the Public Records of Palm Beach
County, Florida.
",Signed this
18TH
day of .
APRIL
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OR TITLE INSURANCE PURPOSES, THE LIABILITY
TilE AHOUNT PAID.
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CHARLES A. SMlnt, a single man
...1".... /....'..Hi... G,'."rn ,I )7 Crown Point Lane, \Hlllamsvl11e. ~ew York, 14Z21
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Lot 58, OEI.RAY BF.AOf SHORES, according- to the Plat thereof on file in
the Office of the Clerk of the Circuit Court in and for Palm Beach
COunty, Florida, recorded in Plat Book 23, paqe 167.
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SUBJF.C"T ro restrictions, reservations and easenents of record, if any; taxes
for the year 1987 and subsequent years and any and all valid zoning ordinances.
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"The Crantor herein hereby states that this property is not homestead property."
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RECORD VEFUF'EO
PAL'" BIACM COUNTy '1.A
JOHN B OUHlClE
CLERK CIRCUIT COUIIT
Expires:
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C I T Y
COM MIS S ION
DOC U MEN TAT ION
TO:
, WALTER O. BA~RRY, ,CITY MANAGER
,~( t? . / '-c'_~
RANK R. SPENC , DIRECTOR
D ELOPMENT SERVICES GROUP
VIA:
o.:J J Uav~
DA ID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF JUNE 13, 1989
INITIATION OF REZONING, CF TO RM-l0, HOLT PROPERTY
FROM:
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
initiating a rezoning action pursuant to 173.885.
The property is known as the Holt property and is described
as Lots 1, 2 and 3 Park Court SubdiViSion.
BACKGROUND:
This property was rezoned from RM-l0 to C.F. by Ordinance 33-88,
June, 1988, for the purpose of proceeding with a C.R.A. parking
garage. Subsequently the project was not pursued. The property
owner has requested that the City place the property back to its
previous designation.
To rezone
the City
initiated
costs are
the property it is necessary to have formal action
Commission or Planning and Zoning Board. As a
rezoning special notice requirements apply and
absorbed by the City.
of
City
all
PLANNING AND ZONING BOARD CONSIDERATION:
This item has not been before the Board.
will be before the Board for a public
action. The tentative hearing date is
Board has designated this property
residential" on the proposed future land
If initiated, the item
hearing and recommended
August 21, 1989. The
as "medium density
use map.
RECOMMENDED ACTION:
By motion, initiate a rezoning from CF to RM-10 for Lots 1, 2 and
3 of Park Court Subdivision.
No attachments.
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ENGINEERING DEPARTMENT
M E M 0 RAN DUM
TO:
WALTER O. BARRY
CITY MANAGER
THROUGH:
-:/
FRANK SPENCE /
DIRECTOR DEVELOPMENT SERVICE
FROM: ~~C-GATES CASTLE, P.E.
, CITY ENGINEER
DATE: JUNE 5, 1989
SUBJECT: MOORING BOUY INSTALLATION _ VENETIAN
DRIVE/CASUARINA DRIVE AREA
Mr. Peter Morrissette, 302 Venetian Drive has requested
approval of the subject installation. The proposed mooring
buoy is to be installed in a maintenance Spoil Area defined
by Casuarina Road, Venetian Drive, and the Intracoastal
Waterway (see attached sketch). Also attached are copies of
the City Attorney's memos regarding this matter, along with
a copy of the Corps of Engineers Permit.
Engineering recommends approval of the proposed mooring
installation, subject to the applicant obtaining
necessary Building Department permit.
buoy
the
GDC: slg
cc: Herb Thiele
Jerry Sanzone
Attachments
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June 1, 1989
ATTN: City Manager,
Dear Sir,
I've been advised by Gates Castle (city engineer) and the
city attorney that city commission approval will be required
for my proposed activity, please see drawings.
I would like this matter to be addressed at the next com-
mission meeting, since I am soon leaving for the summer.
I would appreciate conformation of this letter.
S i~;fe ly", &:2-
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Peter Morrissette
302 Venetian Dr.
Delray Beach, Fl
33483
(407) 276-9519
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DEPARTMENT OF THE ARMY
MIAMI REGULATORY FIELD OFC.. JACKSONVILLE DISTRICT, CORPS OF ENGINERS
P.O. BOX 5207"
MIAMI. FLORIDA 33I1U'07'8
FlrPlY TO
^l1fNT1vN O~
10 April 1989
Regulatory Section
Miami
:3%1-130143
Picr:r.~ G. Norrissette
302 V(~nQtian Drive
i10lray Reach, Florida 33483
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Reference is made to your Department of the Army permit application. This
verifies that your proposal. is. authorized by a Nationwide Permit in accordance
\,ith the enclosed copy of our regulations as stated in 33 CFR Part 330.5(a)(10).
This verification is ~,i(:I for a period of two. years from the date of this
letter. If the work authorized herein is not completed within the two year
period, this verification, if not previously revoked or specifically extended,
shall automatically expire.
A separate Department of the Army permit is not required providing the
~ork is done in accordance with the enclosed drawings, the conditions listed
in 33 CFT 330.5(b)(1-14) and the following conditions: activities authorized
by nationwide permit may be initiated only after the State permit/certifica-
tion pursuant to Chapters 253 and 403 of Florida Statutes and concurrance
with coastal zone consistency pursuant to 15 CFR 930, if applicable, has been
granted by the State of Florida. The State shall not be deemed to waive its
rights to certify any activity proposed under Corps nationwide permits for
failure to issue a State permit/certification within 60 days of appliction to
the State. Waivers shall only be effective when specifically ~xercised by
the State.
This letter does not obviate the requirement to obtain any State or !~cal
permi ts which may be necessary for your -proposed work-:" You should check State
permitting requirements with the Florida Department of Environmental Regulation.
A list of addresses of the appropriate State office is enclosed for your infor-
mation and use.
Thank you for your cooperation with the Corps regulatory program.
Sincerely,
c~~ A ,&.(te~f
Charles A. Schnepel I
Chief, Regulatory Section
Enclosures
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Adjacent property Owners. ' '
1.I3A'IsiDC cLu{3,CJ"-I'f VJrN.Ti~NOI!,
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IN
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COUNTY Of' PIILt<! /3"'i1<VsTAIE ,cL.
APPLICATION BY:
SHUT I Of' I DATE3'1'-.i7
DER f'orm 17-1.203(1) Effective November 30, 19B2
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[ITV DF DElRAY BEA[H
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CITY ATTORNEY'S OFFICE
\ 111 S.! I q snu IT. sl'ln ~ Dl"lRA Y HI ACH. I LOI{Il)A JJ4R3
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Date: May 25, 1989
C"
To: Oates Castle. Interim Citv Enlrineer
From: Herbert W.A. Thiele. City Attorney
Subject: Response to Your Memorandum of May 22. 1989 Concerning Mooring
Buoy Installation
This will acknowledge receipt of your memorandul'l of May 22. 1989 requesting
our further input concerning the installation of a mooring buoy in the area of
the plat of John B. Reed's village.
If the subject language is not indeed located on the plat itself, perhaps the
language that I am aware of is contained in a deed restriction which I have
seen. The City Attorney's Office will also encleavor to locate this document
for your future reference.
In any event. it is my recollection that the restriction does indeed still exist
on the submerged land that is in the vicinity of the proposed location of the
mooring buoy. With that information in mind.' it would be my recommendation
that the applicant must receive City Commission approval for the installation
of the moorinll' buoy on the submerged land in question. It would be appre-
ciated if you could make arrangements to have the applicant request being
placed on the next available City Commission agenda for this purpose.
%
HT:ci
City Commission
Walter O. Barry, City Manager
Frank Spence. Dir. Dev. Services
~
.
[Iry DF DElRAY BEA[H
CITY ATTORNEY'S OFFICE ,'1"51 1"SIRIIUIIII 4
Illl K \~ 131 \{l1. J IORJ,Il'\ _".J;X_'
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MEMORANDUM
! MAY 1 1 G:l
,
i E"C'I,:'CH,[,G DEPT J
'\. /
Date:
May 10, 1989
Tn: Gates D. Castle, Interim City Engineer
From: Herbert W.A. Thiele, City Attorney
Subject: Response to Memorandum Concerning Mooring Buoy
Installation
Th.is memorandum is in response to your inquiry dated May 4,
1989 as to whether or not a City building permit ",Hould be
required for the installation af a mooring buoy in a mainte-
nance spoil area off the Intracoastal Waterway near the
intersection of Causurina Road and Venetian Drive.
In that regard, it would be my position that any construction
which results in there being a permanent structure affixed to
the ;1round, whether it be submerged or not, should require
review by the City Building Department for issuance of a
structural permit.
Furthermore, since I was not able to ascertain from the sketch
attached to the memorandum the exact location of the proposed
mooring buoy, please be advised that in the area that appears
to be in question, it is my recollection that a significant
portion of the submerged land in this vicinity has a specific
condition attached to the plat. That is, approximately the
southern two thirds of a Submerged area in the vicinity has a
condi tion that if anything is to be done to the submerged
property in the nature of affixing structures or the like, then
specific permission to do so is required by the City
Commission in advance. This is an issue which arose during the
course of our review of certain docks and dolphins at the
southern end of the Marina Delray site.
It, would be appreciated if you could look into the exact,
location of this proposed mooring buoy as it relates to these
plat conditions, and thus, in addition to determining whether
or not a building permit is necessary through the Building
Department, a determination must be made as to whether or not
specific City Commission approval is also necessary.
\
.
,
Gates D. Castle, Interim City Engineer
May 10, 1989
Page 2
As to whether or not the mooring buoy as proposed constitutes a
hindrance to naVigation, it would be my opinion that the Corps
Of Engineers and the United States Coast Guard have the juris-
diction and responsibility to review for such matters.
If you would like any additional information, please contact
the City Attorney's Office.
cr
HT:sh
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RESOLUTION NO. 29-89
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DEL RAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 90 OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS
FOR ABATING NUISANCES BY REMOVING JUNKED AND/OR ABANDONED
VEHICLES WITHIN THE CITY OF DELRAY BEACH; SETTING OUT
ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING SAID COSTS; PROVIDING FOR AN
EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESS-
MENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION,
AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT
PROPERTY FOR Ur~AID ASSESSMENTS; PROVIDING FOR THE
MAILING OF NOTICE OF LIEN.
WHEREAS, the City Manager or his designated representative
has, pursuant to Chapter 90 of the Code of Ordinances, removed junked
and/or abandoned vehicles owned by persons described 1n the list
attached hereto and made a part hereof, for violation of the provisions
of Chapter 90 of the Code of Ordinances; and,
WHEREAS, pursuant to Chapter 90 of the Code of Ordinances of
the City of Delray Beach, the City Manager or his designated represent-
ative has determined that a nuisance existed in accordance with the
standards set forth in Chapter 90 of the Code of Ordinances, and did'
furnish the respective owner(s) of the land(s) descrihed in the
attached list with written notice of public nuisance pursuant to
Sections 90.02 and 90.03 of the Code of Ordinances; and,
WHEREAS, the property owner (s) named in the list attached
hereto and made a part hereof did fail and neglect to remove said
junked and/or abandoned vehicles, and thus failed to abate the nuis-
ance(s) or to properly request a hearing pursuant to Chapter 90 within
the time limits prescribed in Chapter 90 of the Code of Ordinances, or
if the property owner(s) did request and receive a hearing, said
property owner(s) failed and/or neglected to abate such nuisance(s) as
required by Chapter 90 of the Code of Ordinances; and,
WHEREAS, the City of Delray Beach, through the City Adminis-
tration or such agents or contractors hired by the City Administration
was therefore required to and did remove said junked and/or abandoned
vehicles owned by persons described in the list attached and made a
part hereof and incurred costs in abating the subject nuisance(s); and,
WHEREAS, the City Manager of the City of Delray Beach has,
pursuant to Chapter 90 of the Code of Ordinances of the City of Delray
Beach, submitted to the City Commission a report of the costs incurred
in abating said nuisance(s) as afor~aid; and,
WHEREAS, the City Commission of the City of Delray beach,
pursuant to Chapter 90 of the Code of Ordinances desires to assess the
cost of said nuisance(s) against said property owner(s),
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS
Section 1. That assessments in the individual amounts as
shown by the report of the City Manager of the City of Delray Beach,
involving the City's cost of abating the aforesaid nuisances a copy ,of
which is attached hereto and made a part hereof, are hereby lev1ed
against the parcel (s) of land described in said report and i,n the
amount(s) indicated thereon. Said assessments so levied shall, 1f not
paid within thirty (30) days after mailing of the notice described in
~3
Section 3, become a lien upon the respective lots and parcells) of land
described in said report, of the same nature and to the same extent as
the lien for general city taxes and shall be collectible in the same
manner and with the same penalties and under the same provisions as to
sale and foreclosure as City taxes are collectible.
Section 2.
binding obligations
are levied.
That such assessment shall be legal, valid and
upon the property against which said assessments
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 13th day of June, 1989 has levied an
assessment against said property for the cost of abatement of said
nuisance by the City, and that said assessment is due and payable
within thirty (30) days after the mailing date of said notice of
assessment, after which a lien shall be placed on said property, and
interest will accrue at the rate of 8% per annum, plus reasonable
attorney's fees and other costs of collecting said sums.
Section 4. That this resolution shall become effective thirty
(30) days from the date of adoption and the assessment (s) contained
herein and shall become ,due and payable thirty (30) days after the
mailing date of the notice of said assessment (s), after which a lien
shall be placed on said property(s), and interest shall accrue at the
rate of eight (8) percent per annum plus, if collection proceedings are
necessary, the costs of such proceedings including a reasonable
attorney's fee.
Section 5. That in the event that payment has not been
received by the City Clerk within thirty (30) days after the mailing
date of the notice of assessment, the City Clerk is hereby directed to
record a certified copy of this resolution in the public records of
Palm Beach County, Florida, and upon the date and time of recording of
the certified copy of this resolution a lien shall become effective on
the subject property which shall secure the cost of abatement ( interest
at the rate of 8%, and collection costs including a reasonable
attorney's fee.
Section 6. That at the time the City Clerk sends the
certified copy of this resolution for recording, a notice of lien, in
the form of prescribed in Section 90.06 of the Code of Ordinances, shall
be mailed to the property owner.
day of
PASSED AND ADOPTED in regular session on this the
June , 19&9.
13th
MAY U K
ATTEST:
City Clerk
-2-
Res. No. 29-89
COST OF ABATING NUISANCES UNDER CHAPTER 90
OF THE CODE OF ORDINANCES
PROPERTY DESCRIPTION
LOT 1 & N7' OF LOT 2, REPLAT
OF PT OF BLOCK 27, DELRAY
BEACH, PB 21, P 43, PUBLIC
RECORDS, PALM BEACH COUNTY, FL
(139 N.W. 5TH AVENUE)
LOT 2/LESS N7', REPLAT OF PT
OF BLOCK 27, DELRAY BEACH, PB
21, P 43, PUBLIC RECORDS,
PALM BEACH COUNTY, FL
(139 N.W. 5TH AVENUE)
LOT 8 & S10' OF LOT 9, BLOCK
11, SEACREST PARK, PB 24, P
33, PUBLIC RECORDS, PALM BEACH
COUNTY, FL
(2105 N.E. 3RD AVENUE)
LOT 8, BLOCK B, TOURIST NOOK,
PB 11, P 47, PUBLIC RECORDS,
PALM BEACH COUNTY, FL
(231 N.W. 9TH AVENUE)
OWNER
EVERGLADES PROGRESSIVE
CITIZENS, INC.
P.O. BOX 1750
BELLE GLADE, FL 33430
EVERGLADES PROGRESSIVE
CITIZENS, INC.
P.O. BOX 1750
BELLE GLADE, FL 33430
MICHAEL A. & DAWN KOVACS
(HUSBAND AND WIFE)
2710 S.W. 8TH STREET
BOYNTON BEACH, FL 33435
WILLIE L. & ERMA WRIGHT
(HUSBAND AND WIFE)
106 N.W. 12TH AVENUE
DELRAY BEACH, FL 33444
ASSESSMENT
$10.00
32.50 (ADM. COST)
(RECORDING)
$10.00
32.50 (ADM. COST)
(RECORDING)
$20.00
65.00 (ADM. COST)
(RECORDING)
$20.00
65.00 (ADM. COST)
(RECORDING)
VIOLATION IS: SECTION 90.03 - STORING, PARKING, OR LEAVING WRECKED OR
INOPERABLE MOTOR VEHICLES ON PRIVATE PROPERTY; EXCEPTIONS.
-3-
Res. No. 29-89
J
RESOLUTION NO. 30-89
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
ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU-
TION, A.l'qD 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 representativ
has, pursuant to Chapter 165, of the Code of Ordinances, declared th
existence of an unsafe building upon certain lots or parcels of land,
described in the list attached hereto and made a part hereof. fo
violation of the building codes and building requirements adopted b
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 0
the City of Delray Beach, the Building Official or his designate
representative has inspected said land(s) and has determined that a
unsafe building existed in accordance with the standards set forth i
Chapter 165 and/or Chapter 96 of the Code of Ordinances, and did furnis
the respective owner(s) of the land(s) described in the attached lis
with written notice of unsafe building and detailed report of condition
and notice to vacate as the Building Official determined that th
building was manifestly unsafe and is considered a hazard to life an
public welfare pursuant to Chapter 165, of the Code of Ordinance
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 0
demolished; work must be begun within sixty (60) days and all work mus
be completed within such time as the Building Official determines, sai
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 a
appeal or to make the repairs required that the Building Official woul
have the authority to have the building demolished from the date of th
said notice; and,
WHEREAS, all the notice requirements contained within Chapte
165 have been complied with; and,
WHEREAS, neither an appeal to the Board of Construction Appeal
or corrective action was undertaken in accordance with the order of th
Chief Building Official; therefore pursuant to Section 165.41 the Build
ing Official caused the abatement action to be done; and,
WHEREAS, the City Manager of the City of Delray Beach has
pursuant to Section 165.42 of the Code of Ordinances of the City 0
Delray Beach, submitted to the City Commission a report of the cost
incurred in abating said condition as aforesaid, said report indicatin
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 th
cost of said condition against said property owner(s).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF TH
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Dt-f
,
.
Section 1. That assessments in the amount of ~2 090.00
~o thousand ninete and 1'40/100 dollars as shown by
t e report of the ity Manager of the City of Oelray 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 wi thin
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 Oelray 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 Oelray Beach has levied an asses~-
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 assessrnent(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 si~
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 recorc
a certified copy of this resolution in the public records of Palm Beacf
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.
of
PASSED AND ADOPTEO in regular session on this the
June , 1989.
13th
da~
HAYOK
ATTEST:
City ClerK
- 2 -
Res. No.30-8
NOTICE OF ASSESSMENT
o..u~ /3. /"f
V Date
TO: Dave and Rachel Hoggins
ADDRESS: 345 NW 8th Avenue, Delray Beach, Fl 33444
PROPERTY: 327 NW 8th Avenue, Delray Beach, Fl 33444
LEGAL DESCRIPTION:
N50' of W135' of 51 and W8' of abandoned alley
lying East and adjacent thereto, Block
age 0 e 0 c a recor s 0
accord in to Plat Book 1,
You, as the record owner of, or holder of an interest in, the above-
described property are hereby advised that a cost of $2090.00 by resolution
of the City Commission of the City of Delray Beach, Florida, dated }t.,.. ,. /31
, 1989, has been levied against the above-described property.
The costs were incurred as a result of a nuisance abatement action
regarding the above-described property. You were given notice on 2-8-89
that the Building Official has determined that a building located on the
above-described property was unsafe. You were advised in that notice of the
action that would be taken to remedy that unsafe condition and that the action
would be initiated on an emergency basis by the City.
x You failed to appeal the decision of the Building Official to the
Board of Construction Appeals although you were informed of your
right to an appeal and of the procedures for obtaining appeal.
You have also failed to take the corrective action required by
the notice of the Building Official.
You appealed the decision of the Building Official to the Board
of Construction Appeals. You were given written notification on
that you were required to take the corrective action
required by the decision of the Board of Construction Appeals
within a atated period of time. You failed to take the action as
required by the order of the Board of Construction Appeals.
You appealed the decision of the Building Official to the Board
of Construction Appeals on The Board of Construction
upheld the decision of the Building Official.
An emergency action was undertaken at the above described
property to remove an unsafe condition. An appeal was not
received 30 days after the action was taken although you may
still have an appeal right as to the cost of the action.
The City of Delray Beach has therefore taken remedial sction to remove
the unsafe condition existing on the above-described property on ~-4-RQ
at a cost of $2090.00 which includes a ten percent (10%) administrative
fee. If you fail to pay this cost within thirty (30) days, that cost shall
be recorded on the official Records of Palm Beach County, Florida against
the above-described property.
Copy of all notices referred to in this notice are available in the
office of the Building Official.
BY ORDER OF THE CITY COMMISSION.
L~J" .~. ~'7'. q..#r -.
City Clerk
JUN-08-'89 10:44 :r ~UDGE ROSE W P 8
TEL NO:407 ,]-1722
RESOLUTION NO. 31 -89
-IF)
A RESOLUTION AUTHORIZING THE ISSUANCE OF NOT EXCEEDING
$5,000,000 AGGREGATE PRINCIPAL AMOUNT OF UTILITIES TAX
REVENUE !lORDS OF 'DIE CITY OF ~Y BBAaf, PUllUM, FOR 'l'HB
PURPOSE OF FINANCING tmS u.6TS ru CERTAIN CAPITAL PROGRAMS
AND PROJBCTS; fROVIDING FOR THE 'l'UQIIb AIlD PAYMBN'l' OF SAID
UTILITIES TAX REVENUE BONDS NfD 'l'IIB RIGHTS, REllEDIBS AND
SECURITY OF THE OWNERS THEREOF; IIAlUNG CERTAIN 00VI!2Wrl'S
AND AGREEMENTS IN CONNECTION '1'RD1'.:W1'l'B; AUTHORIZING THE
PROPER OFFICIALS OF THE CITY TO DO AIL O'DIER '11IINGS ._nusD
NECESSARY OR ADVISABLE IN CONNECTION wr.m 'DIE ISSUANCE 01"
~HE UTILITIES TAX REVENUE BONOS, ~D PROVIDING FOR AN
BFFBCTIVE DATE.
~EREAS, the City of Delray Beach, Florida, a Florida
municipal corporation (the "city") 1- authorized by law to issue rev-
enue bonds to finance a project ~ithin the meaning of
section 166.101(8), Florida statutes; and
~REAS, the City Commission of the City of Delray Beach
ithe "city commis.ion") has determined that it i. J..n the best inter-
est of the city to authorize the issuance of Utilities Tax Revenue
Bonc:1s (the "Bonds") to finance the costs of certain capital programs
And project. (the "Projects"), a. more particularly de.cribed
herein); and
!lHERBAS, the Bonds are to 1:le 18iluec:l on parity with !;.he 1967
Certificates, the 1978 Certificate. and the 1987 Bonds ~ accordance
with the terms and provi.ions of section 7 ~f the 1962 Certificate
Re.olution (as all of such terms are defined below); and,
ll.li6 P02
115
'23
'24
125
'27,28
129
130
In
132
'33
'(33)
134,35
. (35)
'39
140
#41
#(41)
146
#46.1,
'(47)
'(47)
#48
#(48)
'54,55
'56
'57
1(57)
HOW, 'l'IIERBPOU, BE IT USOLVED BY THE CITY COMMISS1~ OF '58
THE CITY or DBLRAY BEACH, (LORIDA, AS l'OLI.DNS: .59,60
ARTICLE I
STA'l'U'l'ORY AUTHORITY, FINDINGS AND DEFINI'l'IONS
SECTION 1.1. AUTHORITY OF THIS RESOLUTION. This
Resolution i. adopted pursuant to the provisions of the Charter of
the ~ity of Delray Beach, Florida, .. amended and supplemented, the
Florida Constitution, Chapter 166, Florida statutes, as amended and
supplemented, and other applicable provisions of law (COllectively,
the "Act").
~
~5
~
,
'61
t(6l)
#63
t(63)
'64
#(64)
1(64)
1(64)
-89 '20
JUN-08-'89 10:45 r ~UDGE ROSE W P B
TEL NO:4e 133-1722
11416 P03
#,).
BESOLUTION NO. 3~-89
A RESOLUTION AUTHORIZING THE ISSUANCE OP $4,300,000
AGGREGATE PRINCIPAL AMOUNT OF tn'ILJ.'1".&.b; TAX REVEIIUE lPl'BS,
SUBORDINATE SERIES 1989, OF THE CITY OP DELRAY BEACH,
PLORIDA, FOR THE PURPOSE OF PIlOVlDING SR)Rl' TERM PIIWICDIG
[OR THB COSTS OP CERTAIN OP CM'I'l'AL IWlGlWIS AND ~l.
lPROVIDING FOR THE TERMS AND PAYMENT OF SAID tn'ILITIBS TAX
RBVENUE .OTIS, SUBORDINATE SERIES 1989, ~D THE RIGHTS,
RBMBDIIS AND SBaJRITY OF 'DIE """1UoI'D 'l'HBRBOF; IIMOJfG CER1'AIN
COVENANTS REIATIJlG TO 'l'BE ISSUAllCE OF SAID UTILI:r.ustl TAX
REVENUE NOTES, SUBORDINATE SERIES 1989; AUTHORIZING THE
PROPER OPPlCEltS OF 'l'HB CITY TO DO ALL cmmR 'lHIHGS ~D
NECESSARY OR ADVISABLE 1M CONNECTION WI'l'H 'DIE ISSUAMCE OF
SAID NOTES; AND PROVIDING FOR AN EPFEC'l'IVE ~'l'E.
~HEREAS, the city Commission of the city of Delray Beach,
Florida (the "City commission"), has determined that it is in the
best interest of the Qity of Delray Beach. Florida (the "CitY"l to
provide t.mporary financing of the Projects (as such term is defined
below): and,
~, the city has determined that it is necessary to
authorize the issuance of $4,300,000 aggregate principal amount of
Qity of Delray Beach, Florida, Utilities Tax Revenue Notes,
subordinate Series 1989 (the "Notes"), {or the purpo.. of financing
the construct10n, acqu1sition and equipping of the Projects: And
IHERBAB, the Notes shall be secured by a pledge of and lien
on the proceeds ~f the utilities Tax (as defined below), subject and
subordinate in all respects to the pledge of And lien on SUCh
utilities Tax proceeds for the payment of the OUtstanding Bond. ias
such tern is defined below). and the City MoneYS (as defined belowl
budaeted and APpropriated for the payment of the Notes pursuant to
~ection 3.4.A. of this Resolution; and
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#6:3.2
ROW, THEREPORE, be it r..olved by the City Co~i..1on of 1164
the City of Delray Beach, [lorida, ,. follows: 1165,1
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[ITY DF DELRAY BEA[H ~ ~~,
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CITY ATTORNEY'S OFFICE
310 S,E, 1st STREET, SUITE 4 DELRA Y BEACH, FLORIDA 33483
407/243,7090 TELECoprER 407/278-4755
MEMORANDUM
Date: June 9, 1989
To: City Commission
From: Herbert W.A. Thiele, City Attorney
Subject: Adoption of Resolutions Regarding Short-ter~IT1
Borrowinq
In order to finalize the documentation necessary tor the
closing on the short-term financing, iL will be necessary for
the City Commi.ssion to adopt two resolutions at your meeting of
June 13, 1989.
The first of these resolutions is essentially the same format,
as a bond issue, and will approve of the financing itself. The
second resolution will then approve of the note document
eVidencing the borrowing.
Closing on this issue is still scheduled for June 14, 1989.
Addi tional details regarding the nature of the borrowing and
the final terms and conditions should be available from the
City Manager's Office, the Office of the Finance Director, or
through your consultants (MUdge, Rose, Guthrie, Alexander, &
~on and/or Dean Whitter Reynolds).
~:lc
cc: Walter o. Barry, City Manager
David M. HUddleston, Director of Finance
Steven Sanford, Esq.
Stanley Ross, Dean Whitter Reynolds
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[ITY DF DElAAY BEA[N
100 N.W. 1st AVENUE
DELRAY BEACH, FLORIDA 33444
407/243.7000
MEMORANDUM
TO: City Commission
FROM: Mayor
SUBJECT: GIFT FOR SISTER CITY- MIYAZU, JAPAN
DATE: June 9, 1989
I though it appropriate to give the Mayor, City and Delegation from
Miyazu, Japan a gift as a token of our appreciation for all of the nice
things we received during their visit, To that end, I recommend we
send them a Dogwood tree. I have contacted Bob Costin, who can
formally deliver a the tree through the International FTD system, The
costs is approximately $350.00.
DSC:cl
THE EFFORT ALWAYS MATTERS
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[ITY DF DELAAY BEA[H
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M E M 0 RAN DUM
TO:
Walter o. Barry, City Manager
THRU:
John W. Elliott, Jr., Assistant City Manager/
Management Services ~,.>\,tf
Ted Glas, Purchasing Director j(/f'"
FROM:
DATE: May 17, 1989
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
JUNE 13, 1989 - SOLE SOURCE PROCUREMENT _
RADIO MAINTENANCE FOR POLICE DEPARTMENT
Item Before Citv Commission:
City Commission is requested to award annual contract to
Motorola Communications and Electronics Inc., for the amount
of $51,467.40 as sole-source procurement. Per the BUdget
Office, funding for this service is from account
#001-2113-521-33.32 (Police Support Repair & Upkeep
Equipment),
Backqround:
A requisition has been received from the Police Department
requesting sole-source procurement of two-way radio
maintenance service for the public-safety radio system, per
their attached memorandum.
Third party maintenance is not recommended on this sensitive
equipment, which operates 24 hours a day, 7 days a week,
The unit prices being charged are the same as last year, and
therefore are considered to be fair and reasonable.
Recommendation:
Staff recommends award to Motorola Communications and
Electronics, Inc. as sole-source procurement, for the amount
of $51,467.40 based on the unit prices and automatic renewal
clause.
TG/jc
Attachments:
Memorandum from Police Department
Copy of Service Agreement
pc Chief Kilgore
Major Cochrane
Yvonne Kincaide
J~P\
THE Ei'FORT ALWAYS MATTERS
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Delray Beach Police Department
300 West Atlantic Avenue . Defray Beach, Florida 33444.3666
(407) 243-7888 Fax (407) 243-7816
e~
MEMORANDUM
CHARLES KILGORE
Chief of Police
TO:
Ted Glas, Purchasing Director
William H. Cochrane, Major
Support Bureau
Charles Kilgore, Chief of pOlice~
FROM:
THRU:
DATE:
May 12, 1989
RADIO MAINTENANCE AGREEMENT
SUBJECT:
Based on previous discussion, it is
with Motorola as a sole source
preventative maintenance for our
communications system.
our desire to continue
vendor in supplying
police/fire radio
To my knowledge, we have been utilizing Motorola equipment
since my employment began with the City in 1963. In 1978, we
lost our frequency and joined forces with the cities of Boca
Raton and Boynton Beach and created South Palm Beach County
Cooperative Dispatch Center. The Board of Directors were
made up of the City Managers of each of the three (3) major
cities. The radio system used there was a Motorola system
until it's dissolution in 1987 and subsequent relicensing of
those frequencies to the Delray Beach Police Deparmtent.
Additional Motorola base station equipment and a tower were
purchased from the Public Safety Facility Bond Issue and
additional portable radios were purchased from the cities of
Boynton Beach and Boca Raton through C.D.C.
We continue with a Motorola backbone system and feel there is
no other vendor that can supply service of an adequate nature
for this sensitive equipment.
We recommend renewal of the annual contract this year for
$4,288.95 per month.
Your consideration will be appreciated.
~-i~
WILLIAM H. COCHRANE, MAJOR
Support Bureau
WHC/gb
PARTNERS WITH CITIZENS IN BRINGING THE COMMUNITY TOGETHER
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SERVICE AGREEMENT
. DlflNlTtONI. '"MaIoroIa" thatl m.an MotOtOll Commun_ton. .nd Ehlctronicl. I"c.; '"Custom.r" .hlll me," th. customer named In the Agr..ment; and "Product" I"all COJ-
llety mean IhI Equipment and SoftwtI... w"k:h MoIotof. and Cutlomer 'grel in thi, Agreem'nllO SerW:e. Such Product I, Itlled on th. from of lhit Agrwm.nt.
. ACCEPTANCI. The IennI and condillonl ... fDtrh on the Ironl and reverse .ide of Ihi, Agr..ment it In on_ 10 purch... Service by Customer which win become I ServIce
"men! When 8C~_1 Jgld '" wriling by Mototota.. StMce Department, .nd lh, banking, negotiation or oth... us. of any Plyment sh.1I not constitut. an KCeP1.nc. by Matatal..
agrMCIlhat Sentce will be ptOVtded onty on the t""" Ind condlUon, COmlined In tt'l1. Agreement. MotOfOlI I"atl not be bound by terms and conditiOn, in Customer', pureh...
r Of ....... unlea ..pt....y agfI'ld to in wrfIing. Upon ACCept.nee by the SeMe' Oepanm.nl the Ag....ment is ISlignld to Motorola, Inc.
SERVICE DEFINED,
.. MOI<<OIII.... 10 provtde Mrvie. for 1'" C'*Omet for the ProcIUc:llist.d on th, front sid, of Ihi, Agreement. Such Product will ,be ..rvieed Iccording to tn. tlrms Ind
titian, on the franllnd ~ lid. of this Agrwment ("Service"). Th. Service "'all begin and end on the dale. MlIOtth on the rront Sldl of thIS Agreement. Motorola WIll also
IC. other Proouc:r manufactu..cJ by Motorola and purcha'ed by customlr during thl term 0' UUs Agreement on th. ...me tlfma and conditions set forth in Ihls Ag....ment al the
curren!: HMce.... for SUCh PrOduct. Upon dettvwry of 'UCh other Product 10 CU'lomer. 'Irvice f... for Se",ice or .uch other Product will bl added 10 Ihl billing C)"tJelollowtng
ation of the llbor warranty on 'UCh otfter Product. In Ihe evwnt of 10... dlmage, theft or 'amoval from SeMee of any Product. Custome, shill immldiat.1y report the loss. damage,
0' retnOW''' in writing 10 Motorola. In this twnt, CUllOmlr'. obtigatlon to pay MMeI f... Wilh ,.spect to any such Product shall terminate althe end of Ih. month in which Motorola
vet such writt.n 'eport.
b. Mobile Product will be removed and rlin"a"ed in different vehicle. al Customer's request lor thl service fee in .ffect It tn. time of Customer's request.
c. Th" Agreemenl don not: include .ervic. of any tran.million line. antenna. tower or tower lighting, unl... .uch work is described on Ii'll front Side of this Agr.menl. ServIC.
includ. thl labor and pan, required 10 repair Product which ha. become defective Ihrough normat wear Ind usagl. This does not include consumabl., Ind thei, instillation
ce dOn: noI indude Ihlt Npaj, or replacement of Product which ha. olherwise becoml d.'ective, inCluding, but not limited 10. damage caused by accidents. physIcal or electronic
J or mtluM. acta of God, and rireL SI"'ice Plrformed for non-eoventd repairs will be billea It Motoroll'..bove contract 'ale appliCabl. fo, such Service. Produet under contract
b. maintained '" Invironmental COndition. I' Sit forth in thl Product specihcations and damage resulling Irom environmental conditions not conformIng 10 Ihe spacific.llons
covered by thil Agreement.
d. wnere "IIpMne llnealnd Product Ir. used in con;unction with Motoral maintained Product, Motoraa shall have no obligation or responSibility for such telephone lines
x:tuct but will. upon requ.... I..i.t the TefepMne Company in repairing luch upon Plyment It the appl'OQrilte Ibov. contract rat..
.. CUllomer will indicate on thl 'tOntlidl of thil Agreemlnlany Product which il intrin,ically Nfeso thai appropriate parts and procadure. may be used 10 m.intain 'uch StltUS.
t. Althl end of IWelve (12) months of Service or any time the,..ner, i' ProdUCl cannot in MotorOlI'1 opinion be properly or economically r.paired, bec.use but nOI IImiled to
SlYe wear, det.noration or una'ailab4lity of partl, MaIo""a, In itllOle opUon, mly remove such PrOduct from Ihi, Ag,eement on thirty (30) days prior w,itten notice 10 Custom.r
'y Certified mail or may incre... the pricl to s.rw:1 .ucn Product on Ihirty (30) days priOr wrin.n notice to CUllomif' sent by certified mail. Cuslome, has Ihiny 130) days Irom
Jt 0' notic. of price inc......1O Object to SUCh increue. Upon Cultomer', Objection to IUch increaM, Motorola 'hall remOVe such Productlrom this Agreement. Cu,tom.r'S obliga_
l pay 'IMce f... witn tftpeCIlO Product remoYld from this Agreement shall t.rmin.te It the end of thl month during which luch Product is removed.
SERVICE STANDARDS. The Product will be Hf'ViCed by MoIorota In accordance with thlM standlrds: (i) Motorola pans or part, 01 equal qualily will be used: (ii) the Product
' serviced It IIwls lit forth in Motorola's product manua..: and (Iii) routinl slrvlc. procedu,.s prescribed from time to time by Motoroll for ils Product will b. 'ollowed.
TIME AND PLACE OF SERVICE,
I. SIrViCI '1'1111 be doni II: the location 'PKIfild on the from tide of Ihis Agreement Where Service is to be performed It the Iocalion ollha Produet. Custom.r shill furnIsh
r, haat, light and power IIIMse kx:lliona. CUMmer "'Ill nocify Motorola immediately of PrOduct failure and .lIow Motoroll full.nd frH ICC.SS,IO 11'1. Product. Wai....r of lilbility
H r.ll,iction, "'alt not be impoted U I .itelCCftl requi...ment CUllom.r WIll allow Motorol. to USI naclnary machInes, communIcatIon., IICllities, featuras and other product
II u normllly .upplied by MaIO""a) II: no charge. Mobilellftd r.movabl. PrOduct shall be dllivered by Cuslomer to Ihe MOlorola Slrvice Center indicated on tha Iront SIde
AgrHment.
b. HOUri of ServIce under lhia Agreement wHl bllh. normal working hours. hCluding holidays, of Motorola'. Slrvice Cent.r unless otherwise jndicII.d on the front side 01
}rHmlnl.
PAYMENTITAXIS. On or aboutth. dlle IICh paym.nt I. due a, lit fanh on Ine front .ide of this Agreement, Motorota will send Customlr an invoic. covering the s.rvice le.s
nut Paymenl Period. All oIh., c....ro.. "'aU be billed monthly, Ind Ih. Cu.tomer .nall pay Ihl amount of e.ch invoice wtthin ten (to) days 01 its dat. to MOtOfOl1 Iflhe Molo,ola
)tflea. IElch invotca .hall be due and payabll whether or noIlh. Product i. operating. Ind Motorola may terminat. thia AgrHment by giving Cu.tomer IIn (10) days nOlica by
td mail If Customer deflulta In ii' payment to MOIOrOla. CUlloml' .hall reimbu,.1 Motorola for all propeny lun. ..... and use lall", .lICis.lall.S, and OIher lilies 0' .,sesam.nts
hereanl, impoMd by authority of .ny Feder... State or Lacallaw, rule or regulation with reapea to th. SeMce of the Product except Federal income Ind profit tallls of MOlorola
.11 Incom. and franchi.1 1IlIe. of Motorola.
~IGHT TO SUBCONTRACT. MoIorola .1'1111 haw the right to .ubcontract in whole or in plrt thl SeMce caned for by this AgrHment. Motorol. will notify Customer ollhe name
ldrl" of .Ich .UbContractor.
QEV1SI0N Oil FIEI. Prior to an Anniveraary of thl ",DaI. Service Enda" indicated on Ihl lronl stde of Ii'll. AgrHmlnt. Molorol. m.y revise the service fHS set forth on the
'de of this Agreem.nt by giving CUllom.r writtln noIlCI of thl amount of thl increa.. at 11111 .iXly (SO) daY' in advancI of that Anni....rsary dati. Upon receIpt 01 any such
Customer may terminert tnit AgtMmlnt on the "Oat. SIf'YicI Enda" or any Annrversary 0' It upon Ihirty (30) days prIOr written notice 10 Motorola senl by ce"lllId mall 10
jra.. indicated In th" Aatftmlnt; oth.rwi.. th. new 1M. anlll bacom.effecti.... on thl Anniversary dat.. In th.event of SUCh t.rminatlon. all accrued and unp'ld Charges
a dUI and Plyable knmedi..ty upon t.rminatlon.
\UTOMATtC RINIWAL. Nt. the "Oat. Servtce EndS" indicated on th. front aide of thla AgrHment, this Ag....menl "'''' continue for .uccessive .dditional plriods or on.
rovtded thtllither Motorola or CUlIomar may term"'ItI'hi' AgrHment on lhe "Oat. Setvlce End." or any Annl.......ry of it upon thirty (30) days prior wtltten notlC. 10 Ihe
'arty 111"11 by cll1ified mail 10 the Idctran indlcaled '" this Ag,..m.nt.
INTEfIIRUI'11ON 0' IIRVIeI. Customer Shall notify the MMctng agency in Itl. event of the failure of any Product. If the 'IMeing agency fail. to repair the Product withm
,nable Itrne. Cuaomer Shlfl notify lhe MOIOrOII Area Office. After said notiCe from Customer 10 thl MlVicing agency Ind to 1M Motoroll Ar" Office, Motorola S"III be h.bl.
interruplton or inI.,terenee alfecl:6ng lhe UN or l,anM1i111on 'hrough lhe Product mlintained to lhe extent of I pro r.a allowMce based on the monthly service fee for Ihe
ch interruPtion or intlff',.nc. Ie IItributaibfe to the fltult of Motorotl or ItIIUDc:onlrac:tor. Motorotl doe. not: anuma and .haN have no Ii.bility under thl' AgrHmlnt for 'allure
,de 0' drill)' in PfO'riCNng seMce for the Product due dlrlClly or Indtf'lClty 10 caUIII tMyona lhe cont~ of Motorola, ....Cluding, but not restricted to. actl 01, God. acts of 1t'I.
Inemy. 8CtI of the United SlateI, tny Slate. 1WrtIOry of the United Statn. or any poIillCal 'ubdivilfon of thl foregoing. or lhe DIstrict 0' Columbll. leII of ,.111.1... to .el of Ihe
Ief'. ill agIntI. arnpIoyee, or IUbconIractora, It,.., ftoodI. 'pIIdc.'Ia, qulrantine restriction&. IIn_ freight embargoes. and unUSUllty sewre Wlathlr conditIOns or defaults
,rola sUDc:omractorl due 10 Iny IUCh cauta..
WAIIIIANTY LIMITAnONS. IllCEI'T A' ....CIPIED IN THIS ACI11EEMENT, MOTOIIOLA DlICUIMI ALL WAllllANTIES, EXPIIESS DII IMPLIED. INCLUDING, WITHOUT
rlON, THIIMPUID WAMANTIU OF MIIlCHANTAIIUTY AND FITNES. FOil A PAIITICULAII PURPOSE,
FCC AND OTHIA GOVI..NMINT MATTI.... Although MoIoroI. may UIiIt In ,npar.ion of 1nl FCC ItcaMe appllcal:lon, Cultomer is solely respon.ibfl, for obtaining any
lor 01"'" lutl'torIuI:io", ~ by lhe Fad..... Cornmunlcllionl Commill6on ("FCC") or any other Federal, S"I. or Local governmlntal agency. Cuttome, la 1011'y responsl'
:omplytng wm. IppNCAbtlI FCC ru... and IWgvldon. and the apptabl. ruIII ana regutauonl of any OIner Federlll. 51.. or l.ocaI goyernmlntll ag.ncy. N.ither Motorol. nor
t Im~sla an agent of Cuttomer in FCC or 0Itw govwnmlftlll manera. Motofota. however, may.... m prepatlllOn 0' the FCC Ilcenle applicalion at no cnarge to CustOmer.
ENTlRI AGRIIMINT. Cuaaomer acknowttdgel that It hn re.. and Undtlf'lllnda Ih. tlf1Tll and conditio", 01 tne Agr..men, and agrH' 10 be bound by th.m, that il is thl
e and concIuatve .....mem of tn. agreemenl belwMn the pwt6l. and t,* thi. Agreement .... tonh th. entl... agr..ment and undlrstandln,g bltwHn Ih. pan Ie. relahng
1Ibfec:t m..., hereor and III und...ndingslnd ....menta, oraJ ana written, heretofore made baIween MotorOla and CuStome" are mlrged In this Ag....ment wtuCh "one
j comp4etety "pteIHt lhelr agrwm.nt.
'MINDMINT. No medlnC81Ion of or addition, 10 thil Agreement anall be binding upon MoIotoIa unl... ,uch modification it in writing Ind signed by .n Area ServiCI M.nager
.oll and an authorized agent 01 CUItomlr.
'AUDrrY. tr tny IIrm or provIlIon of Ihi. Agreement ShaH to any extanl be hlfd by a court or 011'1., tribunal to be inv"id~ VOid or un.nfOrclable. then t~.t Ilf'm or prOVisiOn
lnoper.1w and void InlOt., U il"ln conflk:l wilh law, but the remlining term, and provision. shall n.....rth.I... conllnue In full forel and effect Ind the fights and obligatIOns
lit'" .haII be CCIn8IrUed anct enfon:ed .. If Itlle Agreement did nor contIlin thl particular term or proviIion hlld to be invalid, YOfd or unenforceable.
tlAD"_ .cUO" and IW8gf'lQh h.Hinge UNCI In thll Agf'Mrnlnl are lor conventence only and are nOl 10 be dHmed or conltrued 10 be pan of Ihi. Agreement.
.AW, THIS _IIMINT AND THE IIIGHTS AND DUTIES OP THE PAIITII!' SNALL BE GOVEIINED AND INTEIIPRETED IN ACCORDANCE WITH THE LAWS OF THE
IF ILLINOIS,
SIIGNMENT. No UIiOnment or Itln.r. in Wholl or in part, of this AanMrnent: thall be binding upon MoIOfoI. witnout its priOr wrinln conaant.
WAIVER. Fellu... or 1MI-V on thl part of MOIorota 0' Customer 10 e..rei...ny right, power or p,tvilege und.r Ihil Agreement shall not operat. .. . w.i...., 01 any right. power
'gl or 11'11. Agntlm.nt.
MEMORANDUM
TO: Walter O. Barry, City Manager
FROM: ~Robert A. Barcinski, Asst. City Manager/Community Services
DATE: June 6, 1989
SUBJECT: Documentation City Commission Meeting June 13, 1989
Contract Award - Geraghty & Miller, Inc.
Ground Water Modeling Proposed Western Wellfield Site
ITEM BEFORE COMMISSION
City Commission is requested to award a contract in the amount of
$13,500 to Geraghty & Miller, Inc. to perform Ground Water Modeling of
the Delray Beach Western Wellfield site. Funding will be provided from
account #441-5162-536-60.41 (1988 Refinanced Water and Sewer Bond Fund).
BACKGROUND
The proposal designates the use of the firm of Geraghty & Miller, Inc. to
provide a Ground Water Modeling of a proposed Western Wellfield site
(Morakami Park Area). Geraghty and Miller, Inc. has completed the data
gathering element of this project. The City's Attorney, who is
negotiating site acquisition, Mr. Jim Vance, has requested this project
be completed. The modeling is needed in order to develop a preliminary
wellfield design and to determine proper site location. The scope of
services is to develop a computer model based on hydrogeologic system
data which will estimate realistic withdrawals from sites, and will
address the impacts of withdrawals during average rainfall and drought
periods on LWDP canals, on ponds and wetlands at or near the proposed
site. Additional information is contained in the attached documents.
RECOMMENDATION
Staff recommends award of contract in the amount of
and Miller, Inc. to perform Ground Water Modeling
Western Wellfield site, with funding to
#441-5162-536-60.41.
$ 13,500 to Geraghty
of the Delray Beach
come from account
RAB/sfd
~o~
\
.
I
-I-i:, b'5ir
CITY DF DELAAY BEACH
1r.)() ';.' ' . ,..:., \j ~^~liE
J;:_ -1'-c\'" :::::..:q:..... ;'L'j;.;':J"':' 334.:14
.:1,:' :?-1
r. .'
M E M 0 RAN DUM
TO:
Walter o. Barry, City Manager
THRU:
John W. Elliott, Jr.,
Assistant City Managert
Management Services ( -r::.,'.
1\ ~')
Director ~~ '
FROM:
Ted Glas, Purchasing
DATE:
June 2. 1989
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING _
June 13, 1989 - BID AWARO - BID #89-49
PLAYGROUND EQUIPMENT FOR POMPEY PARK
Item Before Commission:
City Commission is requested to make multiple awards to low
bidders for various playground equipment to be installed at
Pompey Park, at a total cost of $22,769.66. Per the Budget
Office, funding for this service is from account
#334-4172-572-62.01 (General Construction Fund - Pompey Park
- Playground Equipment).
Backoround:
Monies were placed
equipment at Pompey
in the FY 88-89 budget for playground
Park in the General Construction Fund.
Bids for this equipment were received on April 12, 1~89 from
six (6) suppliers, all in accordance with City purchaslng
procedures. (Bid #89-49. Documentation on file in the
Purchasing Office.) A Tabulation of Bids is attached for
your review.
Recommendation:
Staff recommends mUltiple awards to the
bidders as itemized on attached sheet at a
$22,769.66, with funding as outlined above:
fOllowing low
total cost of
Vendor
Olympic Recreation, Inc.
Hunter-Knepshield Co.
Joe W. Teel, Inc.
RCP Shelters, Inc.
Miracle Recreation Equipment Co.
~
$ 7,038.00
1,876.66
6,974.00
4,748.00
2,133.00
Total Cost
$22,769.66
TG/jc
Attachments:
Tabulation of Bids
Itemized Summary Sheet
Memorandum from Director of Parks & Recreation
pc
Robert Barcinski
Yvonne Kincaide
Joe Weldon
~DG
THE EFFORT ALWAYS MATTERS
.........-.1:"'"-..... ~._
TO: Ted Glas
Director of Purchasing
FROM: Joe Weldon
Director of Parks & Recreation
SUBJECT: Pompey Playground Equipment (Bid #89-49)
DATE: May 24, 1989
Attached please find a spreadsheet for the purchase and
installation of playground equipment at Pompey Park opened
April 12, 1989 (Bid #89-49). A total of six (6) bids were
received with various combinations of supplying and installing
equipment. The attached spreadsheet is the recommendation for
equipment and installation award and is summarized in the
attachment. All awards are to the low bid and should be charged
to account #334-4172-572-62.01.
I would suggest contacting these companies beforehand to make
sure they will comply with these awards.
Parks & Recreation
JW:jh
REF:JW197
Attachments
cc: Robert A. Barcinski, Asst. City Manager/Community Services
Bill Condry, Recreation Supervisor/Pompey Park
Carol Olsen, Recreation Superintendent
I
I
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M E M 0 RAN DUM
TO:
Walter O. Barry
City Manager
FMM:~
David M. Huddleston
Director of Finance
SUBJECT:
Auditing Services
DATE:
June 7, 1989
Back~round
On May 23. 1989. the City Commission directed staff to negotiate with Ernst
and Whinney, our current external auditors. to formulate a contractual
agreement for auditing services for fiscal years 1988-89 through 1990-91.
After several discussion with Mr. Paul Bremer, managing partner for Ernst
and Whinney's West Palm Beach office, Mr. Bremer has agreed to perform our
auditing services as outlined in the attached May 31, 1989 letter.
The proposed fees for 1988-89 for the basic audit would be $55.650 which is
an increase of 5% over the current fee of $53.000 for fiscal year 1987-88.
Additionally. the proposed fees for procedures required by the Auditor
General and the Single Audit requirements would be $4.000 and $7,000.
respectively. for fiscal year 1988-89. This would bring the total proposed
fee for fiscal year 1988-89 to $66,560 which is an increase of $3,250 or 5%
over the existing fee schedule. This proposed fee seems appropriate in
light of the current market prices and the April 1989 Consumer Price Index
which indicates an increase of 5.1% over the previous year. The proposal
also includes an annual Cost of Living adjustment for the following two
years based upon a March Consumer Price Index.
In my discussions with Mr. Bremer. I expressed a desire to establish an
upper cap on the Consumer Price Index adjustment and we mutually agreed to
a 7% cap. We also agreed upon a minimum annual increase of 3%. The use of
the Index and the cap should provide budgetary comfort to the City so that
the annual fee increases will be limited and budgetable.
Additionally, the proposal indicates a $5 per hour one-time increase in the
hourly rates that Ernst and Whinney would bill for additional services.
The $5 per hour increase would be a one-time increase for the three-year
period. The hourly rates as stated in the proposal appear to be reasonable
within the current market place.
The other terms and conditions of the contract would be of the same
as the agreement dated July 11, 1986 (copy attached) and subject to
by the City Attorney's office.
format
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Walter O. Barry, City Manager
Page Two
June 7. 1989
Recommendation
I recommend that the City Commission approve the terms and conditions as
outlined in both Mr. Bremer's letter and the existing contract. These fees
are competitive in nature in the current market place and the Consumer
Price Index adjustment.
DMH/sam
Attachments
cc: Herbert Thiele, City Attorney
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EW Ernst & Whinney
Certified Public Accounlants
Phillips Painl. Wesl Tower
777 S, Flagler Dr.. Sui.e 1200
West Palm Beach, Florida 33-101
-1071655,8500
May 31, 1989
Mr. David Huddleston
Finance Director
City of Delray Beach
100 N.W. First Avenue
Delray Beach, Florida 33444
Dear Mr. Huddleston:
Pursuant to your request, we are pleased to outline a fee structure for
audit services for the City of Delray Beach for the years ended September
30, 1989 through September 30, 1991.
I suggest we follow the same form of contractual agreement which was
executed for the prior three years. The prior agreement was dated
July 11, 1986 and signed by Doak S. Campbell as Mayor and Paul C. Brelller
representing Ernst & Whinney. If the City desires any changes to the form
of that contract, please provide a proposed draft for our review. You
will note in that since that contract, our address has changed to the
above address. In addition, there are two itelDB not listed in the con-
tract which have become a normal part of the City audit, compliance with
rules of the Auditor General and the Single Audit.
In consideration for the performances of the services pertaining to the
financial audit of the City for the year ended September 30, 1989, we
propose an audit fee of $55,650 including preparation, compilation, print-
ing of financial statements, but excluding preparation of workpapers. This
represents a 5% increase over the fee for the year ended September 30,
1988. In addition, fees for procedures required by the Auditor General
will be billed at $4 ,000, an increase of $150 over the prior fee and serv-
ices regarded to the single audit will be billed at $7,000, an increase of
$400 over the prior audit. The single audit will be performed in accord-
ance with gove1'Dlllent auditing staodards, Staodards for Audit of Government
Organizations, ProgralDS, Activities and FUlICtions (yellow book).
In regard to the hourly rates stated in the contract dated July 11, 1986,
I propose that we raise each category by $5, 1.e. partners will be billed
at $135 per hour, mansgers at $95 per hour, SUpervisors at $65 per hour
and staff at $45 per hour. We agree that these rates would apply to all
contract years.
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EW Ernst&Whinncv
Page 2
Mr. David Huddleston
May 31, 1989
For the years ended September 30, 1990 and 1991, we propose a cost of liv-
ing adjustment fee increase to be based on the actual, using a date accept-
able to the City. This date probably should be March 31 or thereabouts so
the fee arrangement can be set prior to year end. We would agree to a
maximum 7% increase or a minimum 3% increase.
If you need anything further for preparation of the contrac t, please do
not hesitate to contact me.
~:lt~~
Paul C. Bremer
Managing Partner
PCB:le
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AUD IT FEE
GENERAL PROCEDURES
SINGLE AUDIT
TOTAL
HOURLY RA TE:
PARTNERS
~ANA6ERS
SUPERVISORS
STAFF
:If' OF DELRAl BEACH
FEE STRuCTuRE OF AUCITINS SERVICES
'ROPOSED
F!B8-a~ Fla7-aa lINCREASE
155,b50.00 153,000,00 51
$4,00(1.;)0 13,850.00 4l
17,000.00 SbloOO.(!!) 01
lob,050.00 Ib3,450,OO 51
tINCREASE
H35.(H} Sl ::0.00 Is.oO
S95.0l) S'tO.Of) 13,(11)
105.00 155.00 15,00
145,;)(1 i40,(J(J t5.l!O
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CONTRACT TO CONDUCT A FINANCIAL AUDIT OF nIE CITY OF DELRAY BEACH
This is 8D "llre....nt between Ernst & Whinney, 310 Ok..chobee BoulevSn!, West Palm
B.ach, Florida 33401, (the Auditor) snd the City Council of the City of Delrsy
Beach. Florida (the City) to provide auditing services to the City of Delray Beach
in accordance with the following provisions:
A. Scope of the Audit and AuditinR Standards
1. The City engages the AUditor to conduct a financial audit of all funds and
account groups. Attachment A which is incorporated in this Agreement. is a
schedule of current funds and groups.
2. It is understood th.t the audit engagement is for a 3-year period, 8Dd by
its teras the Auditor agrees to complete a financial audit for the City for
the fiscal years ending September 30, 1986, 1987 and 1988, respectively.
3. The financial audit shall be made in accordance with Section 11.45, Florida
Statutes. 1985, and as may be amended in the future, as well as all other
applicable statutory requirements and other regulations.
4. The Auditors agree to conduct the audit in conformity with generally accept-
ed accounting principles as set forth in the AICPA Stat...ent on AuditinR
Standards and Industr Audit Guide--Audits of State and Government Units;
and by the Standards for Audit of Gove1'tllllental OrRanizations. ProRums,
Activities and Functions of the Controller General of the United States. In
addition the Auditors shall also familiarize themselves with. and comply
with. the provisions of all federal, state and county regulations, statutes.
ordinances. charter. bond covenants. administrative code and orders. rules
and regulations that pertain to this Audit.
5. It is agreed that generally accepted audit standards include a review of the
City's internal control sYSt... involving the accountability of funds and
adherence to budg.t and law requirements.
6. The City acknowledges that an Gamination conducted in accordance with
generally accepted auditing st.ndards cannot be relied upon to assure the
discovery of fraud. Howev.r, the Auditor shall immediately report to the
City Council any findings that appear unusual or abnormal.
B. Additional Projects
1. If, during the period covered by the agreement, additional services such as
the preparation of sp.cial reports, the pr.paration of bond issues or
lII&nagem.nt .dvisory services are need.d, th.accounting firm "'y, at the
option of the City, be engaged to perform these services at the rate estab-
lished in this agreement.
2. A request for such services may only be made by formal authorization of the
City Council.
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C. Audit Report.
1. The Auditor .hall report directly to the City Council. It i. asreed that
the Auditor i. not required to make studie. or investisations at the ,equ.st
of any individual. a:cept a. provided for in thi. asreea.nt or a. s.... ..ay
be subsequently modified by written asreement.
2. Respon.ibility for the preparation of audit documents sball be as follows:
a) Work Paper.
The City shall prepare and provide tbe Auditor with all work papers
required for the audit.
b) Audited Financial Stateaent
(1) Tbe Auditor shall be responsible for the compilation. printins and
preparation of the financial stat..ents for each of the fiscal years
endinS September 30. 1986. 1987. 1988. respectively.
(2) The auditor sball prepare a report on the audited financial state-
ments which shall contain
(a) An opinion parasraph indicatins whether the financial statements
fairly present the financial po.ition of the City. The opinion
shall reference ez...ination of the City's individual. combining
and combined statements a. illustrated in Appendix B of the
Aaerican Institute of Certified Public Accounts' Statement of
Position 80-2.
(b) A management letter which makes comments and recommendations on
tbe City's system of
advi.es the City about
may affect the City.
internal controls and operation. and
current governmental developments which
c) City Council Workshop
Auditor will. .. part of the fee for the annual financial audit set
forth in Section DO). make a pre.entation at a City Council Worksbop
summarizinS the re.ults of the report..
d) Pre aration of Florida Annual Financial Re ort of Units of Local
Government
The auditor. .hall provide the City with the Audited financial state-
ments in confol'lllity with the schedule set forth in F(2) to enable the
City to file it. Annual Financial Report in a timely manner.
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D. Compensation
1 . F iasacisl Aud i t
In considerstion for the perfo=snce of the services required by thu
agre_ent. the City shall pay the Auditor according to the following fee
schedule:
Fiscal Year Ending
Audit fee including preparation.
compilation and printing of
financial statements. but not
preparation of work papers.
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September 30
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549.000*
551.000 553.000
*The audit fee for each fiscal year is comprised of the individual charges
listed in Attachment B. which is hereby incorporated iato this agreement and
made a part hereof.
2. Additional Services
In consideration for services for any additional special projects suthorized
by the City during the te= of this three year engagement the Audito, agrees
to provide those services at no greater than the following hourly rates:
Partners 5130
Managers 90
Supervisors 60
SUff 40
3. All financial agreements made with the City regarding future expenditures or
fees set forth in Section D are subject to budget.
E. BillinR
The Auditor shall bill the City monthly and payment shall be made to the Auditor
within thirty (30) days after the billing date.
F. Time Schedule
1. Field Work
For the first year of the engagement the audit field work shall COllllDence
im.ediately after the execution of this contract for audit services. For
the next two years the audit field work shall commence so that the reporting
d.adlines in the fOllOWing section can be met.
2. Deadlines for Submissions of Auditors' Reports
For each year of the engagement. the Auditors' report shall be submitted to
the City Council no later than the first day of January fOllowing the the
close of the fiscal year examined. The City will provide the Auditor with 8
SUbstantial portion of the workpapers by November 15th to enable the Audito,
to conform to this time schedule.
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G. The City -yo at ita sole option. cancel thia contract upon 60 days written
notice. In the cue of such cancellation the City shall pay tha Auditor
according to the fee schedule outlined in Section DO) of this agreement. for
services performed until the date of termination. or hourly.
IN WITNESS loI!lEREOF. on thi. //q day of (L.LJ~.
below execute this agreement. - ,;;- --7
. 1986 the partiea signed
ERNST & loI!lINNEY.
Certified Public Accountant
CITY OF DELAAY BEACH. FLORIDA
By:
(?~~~
~~~/Bt;
By:
/) . // '"'
~AJ{ .,". .L",,~a-:<
MAYOR
Date:
Date:
01 110 J~I..-.
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ATTEST:
~Ly ~ - ~Z ~_.'-A-<<-
Ci ty Cle
APPROVED AS TO FORM:
~.4lJf!/(?<::4
uy Attorney
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Aac:NOWLEDGEMENT IF PRINCIPAL IS A PARTNERSHIP
State of
Florida
County of
Palm Beach
the state and county named above to take acknowledgements. personally appeared
I HEREBY CERTIFY that on this date before me. an officer duly authorized in
Paul C. Bremer . known to me to be the person(s) described in and who ezecuted
the foregoing instrument as partner(s) of
He/She acknowledged before me that he/she executed the same as the act and deed of
Ernst & Whinney . a partnership.
said partnership for the uses and purposes therein mentioned with full authority to
so bind said partnership.
':)1
SWORN TO AND SUBSCRIBED before me this .ft" -day of
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. 1986.
y!
/'/ t''''C' (' ~
Not"ary Public
j-
('-")
,/ }/
-C1.'ltc2~(~'~'
My Commis.ion Expires
N.:::o:r)' ~- :. : s:.. 0' F'll':j~ af l'~;J
P.ty c.:.-' ....~,;, ..7 rCI,:.) t.t~::~ U. ~:Ja.
f.(,j"'~':'J ;,' 10 ::~'r .'_:" J:'."so;n ~ Ct]rk. I.,,;
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ATTACHMENT A
SCHEDULE OF FUNDS AND ACCOUNT GROUPS TO BE AUDITED*
GENERAL FUND
ENTERPRISE FUNDS
Federal Revenue Sharing Fund
Law Enforcement Trust Fund
Cigarette Tax Fund
Utility Tax Fund
Developers Land Contribution Fund
City Land Fund
City Karina Fund
Cemetery Fund
Sanitation Fund
Water and Sewer Fund
Delray Beach Country Club
1983 W/S Construction Fund
1984 W/S Construction Fund
SPECIAL REVENUE FUNDS
CAPITAL PROJECTS FUNDS
Capital Improvements Fund
Beach Restoration Fund
Pub lic Safety
General Construction
City-Wide Computerization
INTERNAL SERVICE FUNDS
Central Garage Fund
City Hall Fund
Insurance Fund
Health Insurance Fund
Claims Fund
DEBT SERVICE FUND
FIDUCIARY FUNDS
SPECIAL ASSESSMENTS FUND
Special Projects Fund
Cemetery Perpetual Care Fund
General Employees' Pension Fund
Police & Firefighters' Pension Fund
GENERAL FIXED ASSET ACCOUNT GROUP
GENERAL LONG-TERM DEBT ACCOUNT GROUP
*To include. but not be limited to. the following
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A T T A C H MEN T B
AUDIT FEES
CITY OF DELAAY BEACH. FLORIDA
Year Ending September 30
Audit Fees 1986 1987 1988
General Fund $16.500 $17.500 $18.500
Special Revenue Funds
Federal Revenue Sharing 1.000 1.000 1.000
Law Enforcement Trust Fund 1.000 1.000 1.000
City Land Projects Fund 500 500 500
Developers Land Contribution Fund 500 500 500
Debt Service Funds
Cigarette Tax Fund 500 500 500
Utilities Tax Fund 500 500 500
Capital Projects Funds
Capital Improvements Fund 500 500 500
Public Safety Facility Fund 1.500 1.000 500
Beach Restoration Fund 700 700 700
Beach Renourishment Fund 700 700 700
Special Assessment Fund 300 300 300
Enterprise Funds
Water and Sewer Fund 9.700 10.200 10. 700
Delray Beach Kunicipal Golf Course Fund 2.000 2.000 2.000
City Karina Fund 700 700 700
Sanitation Fund 500 500 500
Cemetery Fund 700 700 700
Internal Service Fund.
Insurance Fund 1.500 1.500 1.500
Health Insurance Fund 800 800 800
Central Garage Fund 700 700 700
City Hall Fund 700 700 700
Fiduciary Funds
General Employees' Pen. ion Fund 2.000 2.500 3.000
Police and Firemen'. Pen. ion Fund 2.000 2.500 3.000
Special Projects Fund 500 500 500
Cemetery Perpetual Care Fund 500 500 500
Agency Fund 500 500 500
General Fixed A..ets Account Group 1.300 1.300 1.300
General Long-Term Debt Account Group 700 700 700
TOTAL $49.000 $51.000 $53.000
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PLANNING AND ZONING DEPARTMENT MEMORANDUM
TO: WALTER O. BARRY, ~ITY MANAGER
~/fl
THROUGH: FRANK R. SPENCE DIRECTOR
~LOPMENT SERVICES GROUP
FROM, ~O~~Y~i'R~
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: CITY COMMISSION CONSIDERATION OF ESTABLISHING A "LAND
DEVELOPMENT REGULATION COMMISSION"
SITUATION:
F.S. 163.3164(21) defines a Land development regulation
commission to mean "a commission designated by a local government
to develop and recommend, to the local governing body, land
development regulations which implement the adopted comprehensive
plan and to review land development regulations, or amendments
thereto, for consistency with the adopted plan and report to the
governing body regarding its findings. The responsibilities of
the land development regulation commission may be performed by
the local planning agency".
F.S. 163.3202(1) provides in-part; "Within 1 year after
submission of its revised comprehensive plan for review.......
each ... municipality in this state shall adopt or amend and
enforce land development regulations that are consistent with and
implement their adopted comprehensive plan".
The City Commission has provided direction to explore the
combination and redistribution of functions of the Planning and
Zoning Board, Board of Adjustment, and Community Appearance
Board.
The Comprehensive Plan for the City of Delray Beach has set an
objective of rewriting the City's development regulations into a
single document. These regulations include the zoning code,
landscaping code, community appearance code, subdivision code and
may address other development related codes e.g. the sign code,
streets, and historic preservation.
Now that the Comprehensive Plan has been forwarded to the State
for review, it is appropriate to commence with the task of
revising our development regulations.
PROPOSAL FOR ESTABLISHING A LAND DEVELOPMENT REGULATIONS
COMMISSION (LDRC):
Pursuant to the authority allowed in F.S. 163, it is suggested
that the City Commission establish a seven member LDRC. The LDRC
would first serve as an ad-hoc body and then may evolve into the
Local Planning Agency (the final structure would evolve from the
LDRC work and would be approved by the City Commission). The
LDRC would work directly with the Director of Planning and Zoning
and a representative of the City Attorney's Office in the
preparation of a Land Use Management Code.
It is suggested that the seven members be as follows:
* one person representing the Planning and Zoning Bo~ad
* one person representing the Community Appearance Board
* one person representing the Board of Adjustment
* one person representing an architectural or planning
firm which processes land use requests
one person representing an engineering firm or surveyor 3,(\ D..
which processes land use requests \j(:)
~ membe~of the public at-large.
*
*
To: walter O. Barry, City Manager
Re: City Commission Documentation
City Commission Consideration of Establishing a
"Land Development Regulation Commission /.
Page 2
All meetings of the body will be noticed. The public may attend
all meetings. It is urged that the size of the bOdy not be
increased because of the following:
C\
a) logistics and the need for'high degree of attendance
b) the amount of material which must be reproduced and
distributed
c) the need for discussion and interaction but not so much
that a direction and conclusion cannot be readily
achieved.
Proposed proqram schedule:
The LDRC will need to meet on almost a weekly basis. The
predominance of meeting> should be during the day and should run
about two hours. A rough schedule is as follows:
*
July & August, background readings, seminars, consensus
creating regarding general direction, review of
examples of unified development codes, setting of
ground rules, interaction with the City Commission
regarding Commission involvement and updating
*
September, creation of the administrative review
process -- structure and procedures
*
October, revisions to zoning regulations and
subdivision regulations
*
November, revisions to landscaping, community
appearance, and other regulations
*
December, creation of a new zoning map and creation of
the overall land development management code document
January, public exposure regarding the overall code
February or March, formal hearings before the Local
Planning Agency (Planning and Zoning Board)
*
*
*
April or May adoption.
DIRECTION WHICH IS NEEDED:
Direction is needed if we are to proceed with the above, or with
some other strategy for creating a unified development code. If
the above approach is acceptable, it would be appropriate to have
the matter placed on the June 27th agenda for creation of the
ad-hoc body (by resolution) and for appointment of members.
REF/DJK*44/LUC.TXT
[Iry DF DELAAY BEA[H
CITY ATTORNEY'S OFFICE
b/'i
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~'.) :",1< \", ':{ ."- N r.-.'~~! ~~
::late:
Mai'" ..J, 1.:)~~.9
'1'1") :
.Je:r'ome .sanzo!"H;.~, C''r..~.~f B'~lilding Offi.cial
Lula Butler I Di~(~,:'t':::'_;. .:)f Corrunun.i ty :C:r:pr('Jvement
From: HerbeJ:t, W. A, Thip.lc, C'cty Attorney
SUbject: Response t':J Request. for Ordinance ;b.mendrnent
Conccrninq ,;ero Lot Line Matter
This will aCkn,:)wledgc rece~pt of your memorandum of 11ay 2, 1989
which req~ested our input on a proposal to add an amendment to
th~ City's Code concern~ng zero lot line properties.
Spe<::ifically, YOIl have suggested adopting a provision 511Cb as
that which is in t.he Zoning Code of Palm Beach County 'which
would provides for an exception to zero lot line matters for
enCl'QflChmcnt by caves and gutters.
My r':view cf the pravision in questions indicates that the 'Jse
Dr such a provision in the Zoning Code is legally acceptable,
assuming that. '..Ie are pro'lidcd .'lppropriate casement.s from the
abutt.ing propert.y c.'wner.
With that in mind, and in order to expedice this matter tel'
consideration by the City CorfIJTli~:sion, '<>Ie have drafted ,wo
d t tached her(',to a proposed ':ndinance which vJould "dd a clew
subsection to the Code ::>f Ordinances providing tor the Iangu3.ge
that you have suggested.
I.f you have any gv.est.i.ons I please contact the ':i ty At torney 1 s
Office. After you h=.'lC an ,:-,pportunity to l'"vie'N thi:; ordi-
nance, it chou l.d t<'1C-:J ~.,e ;;~Lbm.:.. t ted to the Ci t'l fI~an3.gsr 1;"3 Of f icc.~
for SCheduling bE'~fore trl~~ City- Commission.
cfCl
Attacrunent
cc: City Commission
Walter O. Barry, City Manager
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:JRDIN,I..NCE NO,
AN ORDINANCE OF THF: "I 1'\' COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING TITLE XVII, "LAND
~}SAGE", CHAPTER 1 7 3, "ZONING CODE", OF THE SODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY
AMENDING SECTION 173. 345, "SETBACK REGCJT..ATIONS", BY
ADDING A NEW SUBSECTION IG) TO PERMIT ROOF EAVES TO
PRO.JECT OVER ZERO LOT LINES UNDER CERTAIN CONDI-
TIoNs; PROVIDING A GENERAL REPEALER CLAUSE; PRO-
VIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE
DATE.
NOVI, THEREFORE, BE IT OP.DAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Tit:1.e ~(,VII r "Land Usage",
"Zoning Code", Section 173,345, "Se rb3:::J~ Regulations", of
Ordinancen of the City ~f Delray Reach, Flerida, be, and
hereby, amended by enacting a ne'N Subsection (G) to read as
Chapter 173,
the Code of
the same is
follows:
(G) Roof eaves in zero lot line may project over the zero lot
line up to a maximum t.:) eighteen (18) tncheR if adequate gutters
are provided to prevent run-off 0n':0 the contiguous property and if
an ~ppropriate easement i3 recorded for roof encroachment (subject
to approval. by tbe City A':>:orncYJ. Eaves or other cverhangs may
not project over ~tility easements.
Section 2. That. all ordinances at' parts of ordinances which
are in conflict herewith are hereby repealed.
Section 3. That should any section or provision of t.his
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of compfltent jurisdiction to be invalid, such
decision shall not affect the validity or the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 4. Th,'lt r.his ordinance shall become effective ten
(10) days after its passage on second and final reading.
PASSED AND ADOPTED in regular session
reading on this the ____ day of
on second and
, 1989.
final
ATTEST:
"lAYOR
City Clerk
First Reading
Second Reading
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