09-26-89 Regular
CITY OF DELRAY BEACH, FLORIDA
REGULAR MEETING - CITY COMMISSION
SEPTEMBER 26, 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: None.
6. Proclamations:
A. Mental Illness Awareness Week- October 1, 1989 through
October 7, 1989.
B. German American Day- October 6, 1989.
C. Fallen Fire Fighter's Memorial Day- October 15, 1989.
D. Shrine Hospital Days- October 22, 1989 through November 5,
1989.
7. Presentations:
A. Resolution No. 69-89:
commending Garfield Laster for
Delray Beach.
A Resolution recognizing and
18 years of service to the City of
B. Presentation of Plaque from Florida Recreation and Park
Association, Inc. to the Parks and Recreation Department in
recognition of their anti-drug program.
PUBLIC HEARINGS
J8. RESOLUTION NO.
properties within
approval.
~9. RESOLUTION NO. 66-89: A Resolution making appropriations of sums
of money for all necessary expenditures of the City from October 1,
1989 to September 30, 1990. City Manager recommends approval.
65-89: A Resolution
the City of Delray Beach.
to levy a tax on all
City Manager recommends
J10. ORDINANCE NO. 47-89: An Ordinance amending Section 173.030
(P)(l) of the Zoning Code to allow screened porches, screened pool
enclosures and accessory structures in open space areas in all
residential districts. City Manager and Planning and Zoning Board
recommend approval (3-2 vote).
J11. ORDINANCE NO. 54-89: An Ordinance amending Chapter 51 "Garbage
and Trash" of the code of Ordinances relative to increasing fees.
City Manager recommends approval.
Agenda
Meeting of 9/26/89
12. ORDINANCE NO. 57-89: An Ordinance increasing the sewer rate fee
for City customers. City Manager recommends approval.
13. ORDINANCE NO. 58-89: An Ordinance amending Chapter 117
"Landlord -Permits" of the Code of Ordinances to provide for increase
of cost of landlord permits. City Manager recommends approval.
14. ORDINANCE NO. 59-89: An Ordinance amending Chapters
150,155,157,159,160,161,162, and 164 of the Code of Ordinances to
provide for an increase to the permit fees. City Manager recommends
approval.
15. ORDINANCE NO. 60-89: An Ordinance amending Chapter 101 "Parks, \~o
Beaches and Recreation" of the Code of Ordinances by increasing the vI;} '\\1i-
permit fee for storing boats in the area, designated on the municipal-\' \J"
beach. City Manager recommends approval. p(!V:>.l,Cll~)1 beL C'JJ'c'lC\}C f
16. ORDINANCE NO. 61-89: An Ordinance amending Chapter 101 "Parks,
Beaches and Recreation" of the Code of Ordinances by increasing the
fees for use of the Tennis Center. City Manager recommends approval.
17. ORDINANCE
unauthorized
materials in
approval.
NO. 62-89: An Ordinance making
person or agent to remove articles
the City's recycling bins. City
it unlawful for an
or otherwise disturb
Manager recommends
PUBLIC COMMENTS
18. Comments and Inquiries on Non-Agenda Items from the Public.
FIRST READINGS
/19. ORDINANCE NO. 63-89: An Ordinance amending the Code of
Ordinances to provide for parking in the Holiday Inn North parking lot
by permit. If passed public hearing October 10th. City Manager
recommends approval. .
. 20. ORDINANCE NO. 64-89: An Ordinance for the rezoning of the
property owned by Bill Wallace Dealership located on the northwest
corner of Linton Boulevard and S.W. 10th Avenue, if extended northward
from POC (Planned Office Center) to S.C. (Specialized Commercial).
If passed public hearing October 10th. City Manager and Planning and
Zoning Board recommend approval.
v21. ORDINANCE NO. 65-89: An Ordinance for the rezoning of the
property owned by Bill Wallace located on the northwest corner of
Linton Boulevard and S.W. 10th Avenue, if extended northward from R1A
(Residential) to S.C. (Specialized Commercial). If passed public
hearing October 10th. City Manager and Planning and Zoning Board
recommend approval.
~22. ORDINANCE NO. 66-89: An Ordinance for the annexation of parcels
from the northeast corner of West Atlantic Avenue and Military Trail,
and south of West Atlantic Avenue between Whatley and Barwick Roads
which includes the Barnett Bank; adjacent undeveloped 10 acres,
Medical/Office complex north of Barnett Bank; Goodyear Tire and Auto
service plaza; and shopping center on the northeast corner of
Atlantic and Military Trail (Publix, Zayres, and others). Proposed
City zonings are CG (General Commercial), POC (Planned Office Center)
and ACT (Agricultural Commercial Transitional). If passed public
hearing October 24th. City Manager and Planning and Zoning Board
recommend approval.
23. ORDINANCE NO. 67-89: An Ordinance for the annexation of the
Pharmore property located on the northeast corner of West Atlantic
Avenue and Military Trail in conjunction with West Atlantic Avenue
Annexation No.1. This item has been separated to accommodate change
in effective date. If passed public hearing October 24th. City
Manager and Planning and Zoning Board recommend approval.
-2-
Agenda
Meeting of 9/26/89
REGULAR AGENDA
24. GOLF COURSE CONTRACT NEGOTIATIONS: Update
negotiation of the golf course management contract.
25. DDA ELECTION: Provide staff direction regarding correcting
clerical errors in the caption of the proclamation and resolution
adopted in conjunction with the special act passed by the State
Legislature permitting a referendum, election for the purpose of
expanding the current DDA boundaries. o,ce,e,"CS ~CiO") (jn /7'/h
from staff on
26. PROCLAMATION RE. CALL FOR ELECTION DOWNTOWN DEVELOPMENT
AUTHORITY BOUNDARY EXPANSION: Determine which corrected proclamation
will be used as the official document calling the election for the
Downtown Development Authority.
27. READOPTION OF RESOLUTION 56-89: Consider readopting and
readvertising Resolution No. 56-89 which called for the election for
the Downtown Development Authority boundary expansion.
28. RESOLUTION NO. 70-89: A Resolution and calling for a referendum
election on November 7, 1989 to consider approving issuance of a G.O.
Bond for the purpose of financing the acquisition, construction and
reconstruction of certain street, sidewalk, alley, right-of-way,
drainage and beautification projects; construction and equipping of
improvements to certain recreational and cultural facilities;
acquisition, construction, reconstruction and equipping of certain
fire facilities; and acquisition and construction of various
redevelopment projects.
29. ABSENTEE BALLOTS: Provide staff direction regarding when the
absentee ballots should be counted.
30. APPOINTMENT OF TWO MEMBERS TO THE PLANNING AND ZONING BOARD:
Appoint two members to the Planning and Zoning Board to terms ending
September 28, 1991. "-0'" ,JeLl' 00 (Vl~) cj..- ~ ~//)t:'f1. JL((Jrp<-'('C&c:. fat.; T dl"tJ"I&CYJ
31. APPOINTMENT OF A MEMBER TO THE HUMAN RELATIONS COMMITTEE:
Appoint a member to fill the unexpired term of Leonard Mitchell ending
March 15, 1990. KAn,hs Gu\d-cR (m. mctl:rtd(f'c S'<A'i-
32. APPOINTMENT OF CITY MANAGER(S) TO THE CITY MANAGER SELECTION
COMMITTEE: Consideration of appointment of two City Managers, current
or former, to the City Manager Selection Committee.
33. AGREEMENT BETWEEN THE CITY AND W.R.I. DELRAY ASSOCIATES:
Consider agreement between the City and W.R.I. Associates for the
construction of a fence on Collins Avenue and Miami Boulevard whereby
W.R.I. will remit to the City $5,000 in consideration of releasing
W.R.I. from future obligations regarding the construction and
maintenance of the fence. City Manager recommends approval.
34. SALE OF CITY OWNED PROPERTY:
Real Estate Board regarding sales
property located on Venetian and
Bookstore) .
Consider recommendations from the
method and pricing of City owned
Miramar and Federal Highway (Adult
35. SITE AND DEVELOPMENT PLAN APPROVAL: Consider request from Paul
Piazolla for site and development plan approval for construction. of a
proposed office building to be located on the east side of N.W. 1st
Avenue between N.W. 1st Street and N.W. 2nd Street. City Manager and
Planning and Zoning Board recommend approval.
36. SITE AND DEVELOPMENT PLAN APPROVAL: Consider request from David
Dordashti for a proposed Walmart to be located on the west side of
Military Trail approximately 670 feet south of Linton Boulevard. City
Manager and Planning and Zoning Board recommend approval.
- 37. SITE AND DEVELOPMENT PLAN APPROVAL: Consider request for Tom
King for site and development plan approval for construction of a
proposed 10,800 square foot office/warehouse structure to be located
-3-
Agenda
Meeting of 9/26/89
on the south side of
S.W. 14th Avenue. City
approval.
S.W. 8th Street, between S.W. 13th Avenue and
Manager and Planning and Zoning Board recommend
CONSENT AGENDA
38. CEMETERY FEE AND
Pre-Arrangement of Delray,
for crypts and niches. And
crypts from $1,000 to $750.
CHARGE CHANGES: Consider request from
Inc. to lower the preconstruction price
also to reduce the charges for single lawn
City Manager recommends approval.
39. DENIAL OF SETTLEMENT OFFER: Deny settlement offer from Demetrius
Butts in the amount of $50,000. City Manager and City Attorney
recommend denial.
40. WAIVER OF BID REQUIREMENT: Consider waiving bid requirement for
the Atlantic Avenue, Swinton to I-95 irrigation project for B+12
Insurance rating for Water Wizard Irrigation Inc. and accepting B+5
Insurance rating. City Attorney and Risk Manager recommend approval.
41. CHILDREN SERVICES COUNCIL GRANT: Consider acceptance of a
$136,315 grant from the Children Services Council for the expansion of
afterschool program at the Community Center, Carver School and Pompey
Park. City Manager recommends approval.
42. RENEWAL OF CONTRACT FOR AFTER-SCHOOL CHILDCARE PROGRAM
COORDINATOR: Consider renewing Carolyn Parker's contract from October
1, 1989 to September 30, 1990 as Program Coordinator for the
Afterschool Program at Carver School, Pompey Park and the Civic
Center. City Manager recommends approval.
43. ACCEPTANCE OF CERTIFIED LOCAL GOVERNMENT GRANT AWARD AGREEMENT:
Consider accepting grant award in the amount of $4,000 from the State
of Florida for the Certified Local Government (CLG) Federal
grant-in-aid assistance for historic preservation projects and
approve match funding from Planning and Zoning Consulting Account No.
001-2511-515-33.15. City Manager recommends approval.
44. AGREEMENT BETWEEN THE CITY AND PALM BEACH COUNTY SCHOOL BOARD:
Consider approving a one year (July 1, 1989 through June 30, 1990)
agreement which provides for the use of City facilities for EMS
student training. City Manager recommends approval.
45. SELECTION OF POLLWORKERS: Consider appointment of clerks and
inspectors for the upcoming G.O. Bond Election to be held on November
7th. City Manager recommends approval.
46. CONDITIONAL USE AND SITE PLAN APPROVAL EXTENSION: Consider
request from Christ Missionary Baptist Church to extend the
conditional use and site plan approval for an additional 18 months for
a proposed church to be located on the north side of S.W. 8th Street,
between S.W. 2nd Avenue and S. Swinton Avenue. City Manager and
Planning and Zoning Board recommend approval.
47. RESOLUTION
nuisance abatement
properties located
NO. 67-89: A Resolution
action required to remove an
throughout the City.
assessing costs for
unsafe building on 44
48. RESOLUTION NO. 68-89: A Resolution urging the County
Commissioners of Palm Beach County to extend the local-option tax on
motor and special fuels in order to meet the transportation needs
identified in 1989 Comprehensive Plan.
49. RESOLUTION
certain utility
Addition.
NO. 71-89: A Resolution for the abandonment of
easements within the Hanover Square (Windy Creek) 1st
50. FINAL PLAT APPROVAL: Consider request from L.J. Hooker Homes,
Inc. for final plat approval for Windy Creek (Hanover Square) a
proposed 66 lot single family development located on the north side of
-4-
[ITV DF DELRAV BEA[H
100 N.W.1st AVENUE
DELRAY BEACH, FLORIDA 33444
407/243-7000
EXECUTIVE SESSION
OF
THE CITY COMMISSION
An Executive Session for the purpose of discussing annual physicals
pursuant to the Collective Bargaining Agreements will be held on
Tuesday,
September 26, 1989 an the First Floor Conference Room, City
Hall, at 6:30 p.m. pursuant to Florida Statutes 447.605.
r
~~au~
City Clerk
THE EFFORT ALWAYS MATTERS
Agenda
Meeting of 9/26/89
W. Atlantic Avenue,
extended northward.
recommend approval.
between Homewood Boulevard and Hamlet Drive, if
City Manager and Planning and Zoning Board
51. AWARD OF BIDS AND CONTRACTS:
A. 18-20 Kilowatt Generator for Fire Department- Casper
Engineering Corp, in the amount of $11,446 with funding from FY
87-88 Utility Tax Construction Fund (Account No.
444-2311-522-60.89 - $9,200) and Fire EMS Operations (Account No.
001-2315-526-33.39 - $2,246).
B. Purchasing/Inventory Software- HTE in the amount of $26,400
with funding from General Fund- Purchasing (Account No.
001-1531-513-60.86).
C. North Water Plant Landscaping- Lush Landscaping and Design,
Inc. in the amount of $10,948 with funding from Public Utilities
Water Distribution (Account No. 441-5123-536-33.31).
D. Toilet Partitions Anchor and Atlantic Dunes Park- Santana
Products, Inc. in the amount of $15,419 with funding from General
Funds Parks Division (Account No. 001-4131-572-33.31).
E. Chemicals and Fertilizers- Annual Contract in the approximate
amount of $28,777.10 with funding from Parks Gardening Supplies
(Account No. 001-4131-572-35.54 to the low bidders listed below:
Helena Chemical Co. ($4,197.75).
UAP Florida Inc. ($225).
Colonial Products ($356.15).
Sunniland Corp. ($3,937.50).
Woodbury Chemical Co. ($1,024.50).
Atlantic FEC ($518).
Howard Fertilizer Co. ($3,288).
Lesco Inc. ($15,206.65).
Van Waters and Rogers Inc. ($22.75).
F. Housing Rehabilitation - 915 S.W. 4th Street- Tommy Preston
in the amount of $17,000 with funding from Community Development
Housing Rehab (Account 118-1963-554-60.23).
G. Housing Moving- from 213 S.W. 7th Street to 229 S.W. 4th
Avenue - La Plant-Adair Co. in the amount of $14,900 with funding
from Community Development Housing Rehab (Account
118-1963-554-60.23).
H. Computer Aided Drafting Hardware and Software for Engineering
Department- CADD Centers of Florida in the amount of $13,680 with
funding from Engineering Capital (Account No.
001-2911-519-60.86).
I. Pompey Park Parking Lot and Sidewalk Construction- Charles S.
Whiteside, Inc. in the amount of $38,730 with funding from Parks
and Recreation Pompey Park Improvements (Account No.
334-4172-572-62.04).
52. Comments and Inquiries on Non-Agenda Items:
A. Commission
B. City Attorney
C. City Manager
-5-
CITY OF DELRAY BEACH, FLORIDA
REGULAR MEETING - CITY COMMISSION
September 26, 1989
7 P.M.
AMENDMENT
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 CONSENT AGENDA IS AMENDED TO CORRECT:
47. AS READS: RESOLUTION NO. 67-89: A
for nuisance abatement action required to
44 properties located throughout the City.
Resolution assessing cost
remove an usafe building on
IS AMENDED TO READ:
47. RESOLUTION NO. 67-89: A Resolution assessing costs for
abating nuisances on 44 properties located throughout the City.
CITY OF DELRAY BEACH, FLORIDA
REGULAR MEETING - CITY COMMISSION
September 26, 1989
7 P.M.
AMENDMENT NO. 2
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.
ITEM 22 AS READS: ORDINANCE NO. 66-89: An Ordinance for the
annexation of parcels from the northeast corner of West Atlantic
Avenue and Military Trail, and south of West Atlantic Avenue between
Whatley and Barwick Roads which includes the Barnett Bank; adjacent
undeveloped 10 acres, Medical/Office complex north of Barnett Barik;
GOOdyear Tire and Auto service plaza; and shopping center on the
northeast corner of Atlantic and Military Trail (Publix, Zayres, and
others). Proposed City zonings are CG (General Commercial), POC
(Planned Office Center) and ACT (Agricultural Commercial
Transitional). If passed public hearing October 24th. City Manager
and Planning and Zoning Board recommend approval.
IS AMENDED TO INCLUDE: The Pharaore property located on the north_st
corner of West Atlantic Avenue aDd Ililitary Trail.
ITEM 23 AS READS: ORDINANCE NO. 67-89: An Ordinance for the
annexation of the Pharmore property located on the northeast corner of
West Atlantic Avenue and Military Trail in conjunction with West
Atlantic Avenue Annexation No.1. This item has been separated to
accommodate change in effective date. If passed public hearing
October 24th. City Manager and Planning and Zoning Board recommend
approval.
IS AMENDED TO READ: 23. DBLETED.
THE REGULAR AGENDA IS AMENDED TO INCLUDE:
37A. POLICE DEPARTMENT REVIEW TEAM: Consider increasing funding for
Police Department Review Team study from $10,000 to $20,000. This
follows further discussion with Mr. Murphy, regarding costs for fees,
transportation, hotel and food expenses. The single most costly
element is the attitude survey ($6,000 plus expenses). This however,
in our opinion, is the most needed element of the study. Commission
is requested to appropriate funds for this study in an amount not
exceeding $20,000 with funding from Fiscal Year 1989-90 Budget
Salary Contingency Account 001-6511-581-90.52 ($7,000) and from
attrition savings in Police Department Salary Accounts ($13,000).
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT: AGENDA REPORT - MEETING OF SEPTEMBER 26, 1989
DATE: September 22, 1989
PUBLIC HEARINGS
Item No.
Hearing of
within the
8 (Resolution No. 65-89). This is
a Resolution levying a $6.20 property
City of Delray Beach.
the Second Public
tax on all properties
Recommend approval of Resolution No. 65-89.
Item No. 9 (Resolution No. 66-89) This a the Second Public Hearing
on a Resolution appropriating funds to cover the City's expenditures
for the next fiscal year (October 1, 1989 to September 30, 1990).
Recommend approval of Resolution No. 66-89.
Item No. 10 (Ordinance No. 47-89) This item was originally before the
Commission for first reading on July 25th. The matter was returned to
the Planning and Zoning Board for further review. The revised
ordinance has been broadened to address screened porches, screened
pool enclosures and accessory structures.
Recommend approval of Ordinance No. 47-89.
Item No. 11 (Ordinance No. 54-89): This is a Second Reading of an
Ordinance to increase the City's service fees for garbage and trash
collection. This proposed hike is necessary to defray increases in
tipping fees by the Solid Waste Authority to $47.00 per ton, CIP
increases by Waste Management totalling 4.8% and increases for the
implementation of the City-wide recycling program. A detailed memo
outlining the new rates are enclosed in your agenda packet.
Recommend approval
charqes for qarbaqe
recyclinq proqram.
of Ordinance
and trash
No.
pick
54-89
up and
increasinq the
implementation
City's
of the
Item No. 12 (Ordinance No. 57-89): This is a Second Reading of an
Ordinance increasing the user charge sewer rate from $.5755 to $.9170
for City customers and to $1.1255 to $1.4670 for residents located
outside of the City limits. This increase will fund the increase in
the SCRWTD Board operating budget previously ratified and pass through
costs which were not part of the SCRWTD Board operating budget. The
pass through costs represent an increase of .31650. The increase for
the SCRWTD Board portion of the commodity charge is 59%. An increase
of the City's portion of the sewer commodity charge is not proposed.
A detailed summary of the pass through costs is attached.
Recommend approval of Ordinance No. 57-89.
Item No. 13 (Ordinance No. 58-89) This
Ordinance amending Chapter 117 "Landlord
"Permit Fees" of the Code of Ordinances to
(from $11 to $11.50) for a landlord permit.
Recommend approval of Ordinance No. 58-89.
Item No. 14 (Ordinance No. 59-89) This is a Second Reading of an
Ordinance amending various sections of the Code of Ordinances to
provide for increases in permitting fees. The areas affected include
fees for moving buildings, new buildings and additions, miscellaneous
is a Second Reading of an
Permits" Section 117.02
provide for a 5% increase
AGENDA REPORT
Meeting of September 26, 1989
permits, sub trade permits, long term permitting, moving buildings or
structure, certificate of occupancy, mechanical code, plumbing code,
tree removal and shrub clearing, sign code, wells, sprinkler system
(drilling or driving potable/non potable well), and electricity. The
average increase in permitting fees is approximately 5%. This and the
budget items which follow represent direction received at Commission
Budget Hearings for the proposed FY 1989-90 Budget.
Recommend approval of Ordinance No. 59-89.
Item No. 15 (Ordinance No. 60-89). This is a Second Reading of an
Ordinance amending Chapter 101 "Parks, Beaches and Recreation" of the
Code of Ordinances by increasing the permit fees from $115.50 to $200
for storing sail boats on a designated area of the municipal beach.
Recommend approval of Ordinance No. 60-89.
Item No. 16 (Ordinance No. 61-89): This is a Second Reading of an
Ordinance amending Chapter 101 "Parks, Beaches and Recreation" of the
Code of Ordinances by increasing the fees for use of the Tennis
Center. The annual and semi-annual memberships charges have been
increased approximately 6%, with daily fees being increased by
approximately 9%.
Recommend approval of Ordinance No. 61-89.
Item No. 17 (Ordinance No. 62-89): This is a Second Reading of an
Ordinance making it unlawful for an unauthorized person or agent to
remove articles or otherwise disturb materials in the City's recycling
bins. During the course of the' pilot program we have received
numerous calls from citizens reporting stolen recycling bins and/or
material being removed from the bins prior to their being picked up by
Waste Management. Since the materials placed in the bins are City
property, enactment of this ordinance will legitimize the City's claim
to the materials and make it unlawful to tamper with the containers or
their contents.
Recommend approval of Ordinance No. 62-89.
FIRST READINGS
Item No. 19 (Ordinance No. 63-89). This is a First Reading of an
Ordinance amending the Code of Ordinances to provide the option to
either purchase a permit or use the parking meter when parking in the
Holiday Inn North parking. This option is currently in affect at
Anchor Park and Sandoway Park. This item follows direction received
at your September 5th workshop.
Recommend approval of Ordinance 63-89.
Item No. 20 (Ordinance No. 64-89). This
Ordinance for the rezoning property owned
the northwest corner of Linton Boulevard
extended northward from POC (Planned
(Specialized Commercial).
The 2.572 acre parcel consists of eight lots and 50 feet of previously
abandoned right-of-way (Princess Boulevard). This parcel attained the
POC zoning designation via a code change which eliminated the POI
designation. Mr. Wallace is proposing to expand the existing Nissan
and Subaru dealerships. There are no unusual aspects to this request.
It is consistent with the current and proposed Comprehensive Plan and
with policy statements dealing with the location of automobile related
uses.
is a First Reading of an
by Bill Wallace located on
and S.W. 10th Avenue, if
Office Center) to S.C.
- 2 -
AGENDA REPORT
Meeting of September 26, 1989
The Planning and Zoning Board at it's September 18th meeting recommend
approval. A detailed staff report is available for review in the City
Manager's Office.
Recommend approval of Ordinance No. 64-89.
Item No. 21 (Ordinance No. 65-89). This is a First Reading of an
Ordinance for the rezoning property owned by Bill Wallace located on
the northwest corner of Linton Boulevard and S.W. 10th Avenue, if
extended northward from R1A (Residential) to S.C. (Specialized
Commercial).
The 2.867 acre site consists of 10 lots fronting on both sides of
Queens Avenue. Two lots contain vacant single family dwellings, while
the balance is vacant. Queens Avenue right-of-way is included in the
rezoning request and is being abandoned by a separate application
which should be before you on October 16th. There are no unusual
aspects to this request. It is consistent with the current and
proposed Comprehensive Plan and with policy statements dealing with
the location of automobile related uses.
The Planning and Zoning Board at it's September 18th meeting recommend
approval. A detailed staff report is available for review in the City
Manager's Office.
Recommend approval of Ordinance No. 65-89.
Item No. 22 (Ordinance No. 66-89). This is a First Reading of an
Ordinance for the annexation of parcels along West Atlantic Avenue
which includes the Barnett Bank; adjacent undeveloped 10 acres,
Medical/Office complex north of Barnett Bank; Goodyear Tire and Auto
service plaza; and shopping center on the northeast corner of
Atlantic and Military Trail (Publix, Zayres, and others). Proposed
City zonings are CG (General Commercial), POC (Planned Office Center)'
and ACT (Agricultural Commercial Transitional).
This 56.41 acre area is comprised of 16 parcels lying north and south
of Atlantic Avenue between Military Trail and Barwick Road. All of
the areas proposed for annexation are covered by water service
agreements except for a .33 acre parcel in front of the Barnett Bank
(Helen's Nursery). A voluntary annexation petition was submitted by
the owner of this property. The entire area proposed for annexation
is commercial in nature, so no additional population will be added to
the City. For most part, the proposed zoning corresponds to existing
land use plans; however some property will become nonconforming and
some property will be down-zoned in order to conform with the proposed
Future Land Use Map.
The Planning and
recommended approval
available for review
Zoning Board at it's
of the annexation.
in the City Manager's
September 18th meeting
A detailed staff report is
Office.
Recommend approval of Ordinance No. 66-89.
Item No. 23 (Ordinance No. 67-89). This is a First Reading of an
Ordinance for the annexation of parcels along West Atlantic Avenue
specifically, the Pharmore Property. Since the Pharmore Store is
currently under construction, staff is recommending an effective date
of annexation of December 1st to avoid problems regarding completion
of inspections on the shell building and major tenant, hence this
separate Ordinance was prepared.
Recommend approval of Ordinance No. 67-89.
REGULAR AGENDA
- 3 -
AGENDA REPORT
Meeting of September 26, 1989
Item No. 24 Golf Course Contract Negotiations. Staff met with Mr.
Goldstein's representatives on September 13th to discuss the Mudge
Rose letter concerning the status of the bond. Mr. Shapiro, Mr.
Goldstein's attorney, did not agree with the interpretation and was
going to discuss this item with their tax attorneys and Mudge Rose
representatives. A meeting is scheduled with Mr. Shapiro on Monday,
September 25th. The City Attorney will provide an update at your
Tuesday evening meeting.
Item No. 25 DDA Election. This item is before you for direction
regarding the correction of clerical errors in the caption of the
special act passed by State Legislature permitting a referendum
election for the purpose of expanding the current DDA boundaries.
Both the proclamation and resolution passed by the Commission
contained these errors. The Commission may wish to either:
A. Declare the clerical errors to be of minor import and reread
the correct proclamation and direct that the resolution be
corrected administratively thus allowing the election to proceed
on October 17th, or;
B. Re-adopt
resolution.
October 31st
and re-advertise the corrected proclamation and
This would delay the election until approximately
in order to meet statutory requirements.
Recommend consideration of
the correction of clerical
announcing the DDA election.
Item No. 26 Proclamation reo Call for Election Downtown Development
Authority Boundary Expansion. There are two option available for
Commission consideration. Option A- provides the clerical corrections
leaving the call for election date the same (October 17). Option B-
provides the clerical corrections however, leaves the Commission the
option of delaying the election and readvertising the proclamation and
resolution.
o tion A and rovide direction re ardin
errors in the proclamation and reso ution
City Manager recommends approval of Option A for the correction and
rereading of the proclamation calling for the DDA Boundary Expansion
Referendum.
Item No.
Commission
then it is
56-89.
27 Readoption of Resolution No. 56-89. Should the
decide to postpone the election to October 31st or later
necessary to re-read and re-advertise Resolution No.
Recommend staff be directed to administratively correct Resolution No.
57-89.
Item No. 28 (Resolution No. 70-89) A Resolution calling for a
referendum election on November 7, 1989 to considering approving
issuance of a G.O. Bond issue for the purpose of financing the
acquisition, construction and reconstruction of certain street,
sidewalk, alley, right-of-way, drainage and beautification projects
($11,207,000); construction and equipping of improvements to certain
recreational and cultural facilities ($4,605,000); acquisition,
construction, reconstruction and equipping of certain fire facilities
($5,180,000); and acquisition and construction of various
redevelopment projects ($500,000).
Recommend approval of Resolution No. 70-89.
Item No. 29 Absentee Ballots. Previously the Commission approved
eliminating paper absentee ballots in favor of punch card ballots to
facilitate the automatic counting of absentee ballots. The Supervisor
of Elections is requesting that the Commission determine whether they
- 4 -
AGENDA REPORT
Meeting of September 26, 1989
want the absentee ballots counted at the same time as the regular
ballots or the next day. If the absentee ballots are counted at the
same time, the computer print outs would still designate that the
voter used an absentee ballot. The Supervisor of Elections is
recommending that the absentee ballots be counted at the same time as
the regular ballots.
Recommend approval of counting absentee ballots at the same time as
regular ballots.
Item No. 30 Appointment of Two Members to the Planning and Zoning
Board. Two members have terms which expire September 28, 1989. David
Klarer has applied and is eligible for reappointment. Mr. Solloway is
not eligible for another term. The Planning and Zoning Board will
interview applicants on Monday, September 25th. They will present
their recommendations to you at Tuesday evenings meeting. Following
the process adopted in your Local Rules, the next regular appointment
nomination would go to Mr. Weatherspoon.
Recommend appointment of two members to the Planning and Zoning Board
to terms ending September 28, 1991.
Item No. 31 Appointment of a Member to the Human Relations Committee.
This vacancy was created by the appointment of Leonard Mitchell to the
CRA. His term was to expire March 15, 1990. Resolution No. 60-86
designates that Commission appointments will be made by seat number.
Recent rule and procedures passed by the Commission do not affect this
appointment process. We received applications from the following
individuals:
Recommend appointment of a member to the Human Relations Committee to
a .term ending March 15, 1990.
Item No. 32 Appointment of City Manager(s) to the City Manager
Selection Committee. At your September 12th meeting the Commission
appointed five of the seven members selected to serve on the City
Manager Selection Committee. This item is before you to select the
last two members who have served or are presently serving in the
capacity of city manager in other cities.
Recommend appointment of two City Managers, current or former, to the
City Manager Selection Committee.
Item No. 33 Agreement Between the City and W.R.I. Delray Associates.
W.R.I. Associates is proposing an agreement between themselves and
the City whereby W.R.I. will remit to the City $5,000 in consideration
of releasing W.R.I. from future obligations regarDing the construction
and maintenance of a fence on Collins Avenue and Miami Boulevard.
This is the Delray Mall fence project. No City funding will be
expended as acceptance of this agreement will defray cost of
constructing fence.
Recommend acceptance of agreement with W.R.I. Delray Associates.
Item No. 34 Sale of City Owned Property. The Real Estate Advisory
Committee will be presenting recommendations pursuant to direction
received at your September 12th meeting regarding the sales price and
strategies for the sale of City owned property at Venetian and Miramar
and the Adult Bookstore property on Federal Highway.
Recommend consideration of recommendations from the Real Estate
Advisory Committee.
Item No. 35 Site
requesting site and
and Development Plan Approval. Paul Piazolla is
development plan approval for construction of a
- 5 -
AGENDA REPORT
Meeting of September 26, 1989
proposed office building to be located on the east side of N.W. 1st
Avenue between N~W. 1st Street and N.W. 2nd Street.
This vacant property is part of Lot 6, Block 59 of the "Town of
Linton" Plat. The developer is proposing construction of a two story
office building with a one-way access system. Parking is provided in
the rear of the structure. The RO Zone District requires that the
development appear residential in nature and that parking be confined
to side and rear yards. The overall buildable area is 7,837 square
feet. This is a substandard lot pursuant to the RO Zone District
requirements, however the Code provides that non-residential
structures can be built on lots of record which have less than 6,000
square feet of area and 50 feet of frontage.
The Planning and Zoning Board at their September 18th meeting
recommended approval with conditions. The Historic Preservation Board
issued a Certificate of Appropriateness on August 29th. A detailed
staff report is available for review in the City Manager's Office.
Recommend approval of site and development plan for the Piazolla
office building project.
Item No. 36 Site and Development Plan Approval. David Dordashti is
requesting site and development plan approval for a proposed Wal-Mart
to be located on the west side of Military Trail approximately 670
feet south of Linton Boulevard.
The development proposal involves the construction of a Wal-Mart store
(a 114, 760 square foot retail store with garden center) and two out
parcel developments (a 4,650 square foot restaurant building and a
3,330 square foot office, bank with drive-thru, building) on a total
acre site of 14.20 acres. Access will be provided directly from
Military Trail and through connections to "The Promenade" which is
located north.
The Planning and Zoning Board at it's September 18th meeting
recommended approval subject to conditions. The Community Appearance
Board approved elevations and landscaping and the Board of Adjustment
granted a variance relative to the number of loading berths. A
detailed staff report is available for review in the City Manager's
Office.
Recommend approval of site and development plan for Wal-Mart.
Item No. 37 S.i te and Development Plan Approval. Tom King is
requesting site and development plan approval for construction of a
proposed 10,800 square foot office/warehouse structure to be located
on the south side of S.W. 8th Street, between S.W. 13th Avenue and
S.W. 14th Avenue.
The proposed development involves three phases of construction, Phase
I and II are before you for action at this time as Phase III plans
have not be developed. Phase I consists of the construction of a
10,800 square foot building and a six foot high masonry wall
constructed along the south property line as a buffer against
residential zoning, along with a 36 car parking lot and two loading
areas, one interior and one exterior to the building. Phase II
consists of an additional 4,500 square feet and an additional 21
parking spaces. This site is within the Series 20 wellfield impact
zone. While the proposed Comprehensive Plan calls for other than
industrial usage; the Commission may approve and vest this site and
development plan under the existing p}an and zoning code. Waivers are
required in order for this project to proceed they are:
A. Relief from dedication of five feet of right-of-way along
- 6 -
AGENDA REPORT
Meeting of September 26, 1989
S.W. 13th Avenue, and;
B. Relief from constructing a sidewalk along S.W. 13th Avenue.
The Planning and Zoning Board at it's
recommending approval subject to conditions.
is available for review in the City Manager's
September 18th meeting
A detailed staff report
Office.
Recommend approval of
Office/Warehouse.
site
and
development
plan
for
King
CONSENT AGENDA
Item No. 38 Cemetery Fee and Charge Changes. Pre-Arrangement of
Delray, Inc. is requesting approval to lower the preconstruction price
for crypts and niches. And also to reduce charges for single lawn
crypts from $1,000 to $750. The changes are requested to assist the
company in marketing the facility and to clarify previously approved
charges. All other cemetery prices and charges will remain the same.
These changes will not affect our revenue projections.
Recommend approval of reguest to lower preconstruct ion prices for
crypts, niches and single lawn crypts.
Item No. 39 Denial of Settlement Offer. We received a settlement
offer from Demetrius Butts in the amount of $50,000. Mr. Butts filed
a claim against the City for false arrest and imprisonment arising out
of his arrest, for resisting an. officer, on December 27, 1987. The
City Attorney's Office recommends denial.
Recommend denial of reguest for settlement in the amount of $50,000 to
settle the claim filed by Demetrius Butts.
Item No. 40 Waiver of Bid Requirement. Water Wizard Irrigation Inc.
was the successful low bidder for the Atlantic Avenue Irrigation for
Swinton to 1-95 project and was awarded the contract. Unfortunately
they were unable to secure sufficient automobile insurance from a
company of requisite size to meet our bid specifications. Water
Wizard is willing to provide us with a $750,000 insurance policy
($250,000 above our minimum requirements) issued by Bankers Insurance
Co., a B+5 Company. The Risk Manager and the City Attorney Office
recommend that the bid requirement be waived.
Recommend waiver of bid reguirements and acceptance of B+5 Insurance
rating for the Atlantic Avenue, Swinton to 1-95 irrigation project.
Item No. 41 Children Services Council Grant. This item is an
agreement between the City and the Children Services Council of Palm
Beach County to provide reimbursement funding in the amount of
$136,315 for the City's after-school program. The after-school
program serves approximately 250 children ages six to 15 and provides
a structured supervised recreation activity with adult supervision for
a large number of "latch-key" kids. The after-school program is
conducted at the Community Center, Carver School and Pompey Park. The
after-school program is concluding it's second year of operation in
Delray Beach. The Children Services Council funds other after-school
programs however ours is unique in that we work closely with the
School District and identify latch key children.
Recommend approval of
Services Council of
after-school program.
an agreement between the City and
Palm Beach County to conduct
the Children
the City's
Item No. 42
Coordinator.
contract from
Renewal of Contract- After-School Childcare
This is a request for approval to renew Carolyn
October 1, 1989 to September 30, 1990
Program
Parker's
as the
- 7 -
AGENDA REPORT
Meeting of September 26, 1989
After-School Childcare Coordinator for the Afterschool Program at
Carver School, Pompey Park and the Civic Center. This position is
funded by the CSG Grant.
Recommend approval of renewal of the After-School Childcare
Coordinator contract from October 1, 1989 to September 30, 1990.
Item No. 43 Acceptance of Certified Local Government Grant Award
Agreement. The Historic Preservation Board has received notification
of award of a CLG grant in the amount of $4,000 to fund a Delray Beach
design guidelines book for historic restoration, rehabilitation and
construction within local historic buildings. This is a matching
grant program and the Historic Preservation Board is asking that the
Commission identify a funding source for the matching funds which
total $5,500. A portion of that amount $1,814 has been identified as
in-kind service. Funding is available in the Planning and Zoning
Department Consulting line item.
Recommend acceptance of the CLG Grant Award agreement with funding
from the Planning and Zoning Department's Consulting line item.
Item No. 44 Agreement between the City and Palm Beach Beach County
School Board. This one year agreement (July 1, 1989 through June 30,
1990), provides for supervised learning experiences for approximately
20 EMS students in patient care using the City'S EMS facilities for
both observation and selected clinical experiences. These learning
sessions will take place at least four times per year. The students
will not perform any procedures while with the City's rescue unit.
There is no fiscal impact associated with this agreement.
Recommend approval of agreement between the City and Palm Beach County
School Board to provide EMS training using City facilities.
Item No. 45 Selection of Pollworkers. Consider appointment of clerks'
and inspectors from the attached list of possible appointees from
which sufficient numbers will be selected by the City Clerk to conduct
for the upcoming G.O. Bond Election.
Recommend approval of appointment of sufficient clerks and inspectors
to conduct the upcoming G.O. Bond Election.
Item No. 46 Conditional Use and Site Plan Approval Extension. Christ
Missionary Baptist Church is requesting an 18 month extension of the
conditional use and site plan approval for a proposed church to be
located on the north side of S.W. 8th Street, between S.W. 2nd
Avenue and S. Swinton Avenue. The Commission originally approved a
conditional use and site plan for Christ Missionary Baptist Church on
March 8, 1988 which was valid for 18 months.
The general guidelines
should be given include
to develop but because
developer, it was not
this case.
for determining whether or not extensions
"that there is a bona fide continuous effort
of circumstances beyond the control of the
possible". That appears to have happened in
The Planning and Zoning Board at it's September 18th meeting heard
from Reverend who explained the difficulties which have been
encountered in trying to get certified plans ready for this project.
There have not been any changes in development regulations nor in the
circumstances of the project or immediate neighborhood which would
affect the previously made findings
Recommend
site plan
Church.
approval of reguest for extension of conditional use and
an additional 18 months for the Christ Missionary Baptist
- 8 -
AGENDA REPORT
Meeting of September 26, 1989
Item No. 47 (Resolution No. 67-89). A Resolution assessing costs for
nuisance abatement action required to remove an unsafe building on 44
properties located throughout the City. The Resolution sets forth the
actual costs incurred and provides the mechanism to attach a lien on
these properties in the event the assessments remain unpaid.
Recommend approval of Resolution No. 67-89 assessing costs for abating
nuisances on 44 properties throughout the City.
Item No. 48 (Resolution No. 68-89) A Resolution urging the County
Commissioners of Palm Beach County to extend the local-option tax on
motor and special fuels in order to meet the needs of the City's $30.9
million transportation program as outlined in the 1989 Comprehensive
Plan.
Recommend approval of Resolution No. 68-89.
Item No. 49 (Resolution No. 71-89). A Resolution for the abandonment
of certain utility easements within the Hanover Square (Windy Creek)
1st Addition in order to accommodate the incorporation of three common
open spaces within abutting individual lots and replatting action.
The utility easements will be replaced along the front lot lines of
adjacent to the rights-Of-way.
Recommend approval of Resolution No. 71-89.
Item No. 50 Final Plat Approval. L.J. Hooker Homes, Inc. is
requesting final plat approval for Windy Creek (Hanover Square) a
proposed 66 lot single family development located on the north side of
W. Atlantic Avenue, between Homewood Boulevard and Hamlet Drive, if
extended northward.
This request follows approval of a modification to the Hanover Square
S.A.D. which eliminated certain common open space areas resulting in
the creation of larger lots. The subdivision is comprised on 111 zero
lot line single family units. The portion of the development being
replatted encompasses 66 lots which are located on the east side of
the development. The replat is being south in order to accommodate
the incorporation of three common open spaces within abutting
individual lots.
The Planning and
the final plat. A
the City Manager's
Zoning Board at
detailed staff
Office.
it's August 21st meeting certified
report is available for review in
Recommend approval of final plat for Windy Creek (Hanover Sguare).
Item No. 51 AWARD OF BIDS AND CONTRACTS:
A. 18-20 Kilowatt Generator for Fire Department- Casper
Engineering Corp., in the amount of $11,446 with funding from FY
87-88 Utility Tax Construction Fund (Account No.
444-2311-522-60.89 - $9,200) and Fire EMS Operations (Account No.
001-2315-526-33.39 - $2,246).
B. Purchasing/Inventory Software- HTE in the amount of $26,400
with funding from General Fund- Purchasing (Account No.
001-1531-513-60.86).
C. North Water Plant Landscaping- Lush Landscaping and Design,
Inc. in the amount of $10,948 with funding from Public Utilities
Water Distribution (Account No. 441-5123-536-33.31).
D. Toilet Partitions Anchor and Atlantic Dunes park- Santana
Products, Inc. in the amount of $15,419 with funding from General
- 9 -
AGENDA REPORT
Meeting of September 26, 1989
Funds Parks Division (Account No. 001-4131-572-33.31).
E. Chemicals and Fertilizers- Annual Contract in the approximate
amount of $28,777.10 with funding from Parks Gardening Supplies
(Account No. 001-4131-572-35.54 to the low bidders listed below:
Helena Chemical Co. ($4,197.75).
UAP Florida Inc. ($225).
Colonial Products ($356.15).
Sunniland Corp. ($3,937.50).
Woodbury Chemical Co. ($1,024.50).
Atlantic FEC ($518).
Howard Fertilizer Co. ($3,288).
Lesco Inc. ($15,206.65).
Van Waters and Rogers Inc. ($22.75).
F. Housing Rehabilitation - 915 S.W. 4th Street- Tommy Preston
in the amount of $17,000 with funding from Community Development
Housing Rehab (Account 118-1963-554-60.23).
G. Housing Moving- from 213 S.W. 7th Street to 229 S.W. 4th
Avenue - La Plant-Adair Co. in the amount of $14,900 with funding
from Community Development Housing Rehab (Account
118-1963-554-60.23).
H. Computer Aided Drafting Hardware and Software for Engineering
Department- CADD Centers of Florida in the amount of $13,680 with
funding from Engineering Capital (Account No.
001-2911-519-60.86).
I. Pompey Park Parking Lot and Sidewalk Construction- Charles S.
Whiteside, Inc. in the amount of $38,730 with funding from Parks
and Recreation Pompey Park Improvements (Account No.
334-4172-572-62.04).
Item No. 52 Comments and Inquiries on Non-Agenda Items:
A. Commission
B. City Attorney
C. City Manager
- 10 -
[ITY DF DELIA' BEAEN
100 N.W 1st AVENUE
OELAAY BEACH. FLORIDA 33444
407/243.7000
PROCLAJJA TfO,\
WHEREAS, mental illness is a problem of grave concern
and consequence in American society and is widely, but unnecessar-
ily, feared and misunderstood; and,
WHEREAS, more than 10,000,000 people in the United
States are disabled for long periods of time by schizophrenia,
manic depressive disorders, and major depression; and,
WHEREAS, men ta 1
disability with excellent
properly recognized; and,
illness is an increasingly treatable
prospects for remedy and recovery when
WHEREAS, appropriate treatment of mental illness is cost
effective because it restores productivity, reduces utilization of
other health services, and lessens soc~al dependence; and,
WHEREAS, research in recent decades has led to a wide
array of new and more effective somatic and psychosocial methods
of treatment for some of the most incapacitating forms of mental
illness, including schizophrenia, major affective disorders,
phobias, and phobic disorders; and,
WHEREAS, recent and unparalleled growth in scientific
knowledge about mental illness has generated the current emergence
of a new threshold of opportunity for future research advances and
fruitful application to specific clinical problems; and,
WHEREAS, persons with mental illnesses and their fami-
lies are stigmatized by the myths and prejudices surrounding
mental illness and are thereby doubly victimized by the illness,
NOW, THEREFORE, I, DOAK S. CAMPBELL, Mayor of the City
of Delray Beach, Florida, do hereby proclaim the week of October
1-7, 1989, as
"MENTAL ILLNESS AWARENESS WEEK"
and commend the parents, relatives and friends of the mentally ill
who have joined together to support each other and their loved
ones for their continuing efforts to work toward a brighter
tomorrow for all the people of our City and to educate them on the
plight of the mentally ill.
IN WITNESS WHEREOF, I have hereunto set my hand and
caused the official Seal of the City of Delray Beach, Florida, to
be affixed this 26th day of September, 1989.
MAY 0 R
DOAK S. CAMPBELL
SEAL
(d\
[IT' DF DELIA' BEAEH
100 N.W 1st AVENUE
DELRAY BEACH, FLORIDA 33444
407/243-7000
PROCL.-l.l1A [HP
WHEREAS, it was on October 6, 1683 that the first
Germans arrived in the United States; and,
WHEREAS, today, more than 60 million Americans trace at
least a part of their ancestry to Germany; and,
WHEREAS, the sons and daughters of Germany have served
this city and this country steadfastly over the years in. all
fields; and,
WHEREAS, The United States Conference of Mayors in
cooperation with the German Association of Cities and The Federal
Republic of Germany have joined in a cooperative effort to commem-
orate the invaluable contributions of Americans of Germans
ancestry,
NOW, THEREFORE, I, DOAK S. CAMPBELL, Mayor of the City
of Delray Beach, Florida, do hereby proclaim October 6, 1989 as
"GERMAN-AMERICAN DAY"
and call upon all citizens to recognize the vital role German-
Americans have played in the development of our city and nation.
IN WITNESS WHEREOF, I have hereunto set my hand and
caused the Official Seal of the City of Delray Beach, Florida, to
be affixed this 26th day of September, 1989.
MAY 0 R
DOAK S. CAMPBELL
SEAL
~B
EIT' DF DELIA' BEAEH
~.
(. ~'
., \:,
~;."
'. ..::~
100 N.W. 1st AVENUE
DELRAY BEACH, FLORIDA 33444
4071243.7000
PROCLAMA TlOf\'
WHEREAS, Fire Departments across the nation are being
encouraged to participate in observance of Fallen Firefighter
Memorial Day; and,
WHEREAS, observance of fallen firefighters began in 1981
with the dedication of the Fallen Firefighters Memorial on the
grounds of the Federal Emergency Management Agency's National
Emergency Training Center in Emmitsburg, MD; and,
WHEREAS, the observance is held to increase public
awareness of the hazards faced by firefighters, as well as to
honor and commemorate the 129 firefighters who lost their lives in
the line of duty in 1988; and,
WHEREAS, all fire departments are invited to participate
in a program of nationally coordinated memorial events to culmi-
nate national fire prevention week; and,
WHEREAS, this being the fifth anniversary of Fallen
Firefighters Memorial Day observed in the City of Delray Beach;
and,
WHEREAS, State and local governments and fire agencies
are encouraged to lower the U.S. flag to half-mast, sound a siren
for 10 seconds at 12:30 P.M. (DST), wear "sorrow" bands on uni-
forms or any other recognition deemed appropriate and procla:j.m
October 15, 1989, Fallen Firefighter Memorial Day,
NOW, THEREFORE, I, DOAK S. CAMPBELL, Mayor of the City
of Delray Beach, Florida, do hereby proclaim Sunday, October 15,
1989, as ,
"FALLEN FIREFIGHTERS MEMORIAL DAY"
in the City of Delray Beach, Florida, to help increase public
awareness of the hazards faced by Firefighters as well as to honor
and commemorate the 129 firefighters who lost their lives in the
line of duty in 1988 by flying the flag at half-mast at all City
fire stations.
IN WITNESS WHEREOF, I have hereunto
caused the Seal of the City of De1ray Beach,
affixed this 26th day of September, 1989.
set my hand and
Florida, to be
MAY 0 R
DOAK S. CAMPBELL
SEAL
~~
[IT' DF DELIA' BEAEH
.,~4"" "'.
":;;t.
.... ~
":"
'"
100 NW. 1st AVENUE
DELRAY BEACH, FLORIDA 33444
407/243.7000
PROCL-UfA nON
and,
''HEREAS, one of our greatest resources is our children;
~rnEREAS, one of the world's most benevolent guardians of
those resources is the Shrine Hospitals for Crippled Children and
Burns Institute; and,
WHEREAS, twenty two Shrine Hospitals throughout the
United States, Canada and Mexico are dedicated to the great task
of curing or helping afflicted children without regard to race or
religion; and,
WHEREAS, more than 380,000 have been treated and
returned to society either cured or substantially helped, where
neither patients nor their parents have been required to pay for
this outstanding medical care; and,
WHEREAS, Shriners throughout North America have raised
millions of dollars to support the Shriners Hospitals and Burns
Institutes to insure a brighter future for these and future
generations,
NOW, THEREFORE, I, DOAK S. CAMPBELL, Mayor of the City
of Delray Beach, Florida, do hereby proclaim the week of October
22 through November 5, 1989, as
"SHRINE HOSPITAL DAYS"
in recognition of the outstanding and unselfish
Shriners of North America and urge all our citizens
recognizing this great service.
work of the
to join me in
IN l-HTNESS WHER"OF, I have hereunto
caused the Seal of the City of De1ray Beach,
affixed this 10th day of October, 1989.
set my hand and
Florida, to be
MAY 0 R
DOAK S. CAMPBELL
SEAL
~])
-
RESOLUTION NO. 69 -89
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, RECOGNIZING AND COMMENDING GARFIELD
LASTER FOR 18 YEARS OF SERVICE TO THE CITY OF DELRAY
BEACH.
WHEREAS, Garfield Laster was hired on September 22, 1971 by the
City of Delray Beach; and,
WHEREAS, Garfield Laster has been a
employee of the Public Works Department of
for 18 years; and,
WHEREAS, Garfield Laster retired from employment with the City~of
Delray Beach effective September 22, 1989,
faithful and dedicated
the City of Delray Beach
I
I
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray Beach,
Florida, hereby expresses its thanks and sincere appreciation to
Garfield Laster for 18 years of dedicated service to the City of
Delray Beach, and wishes him happiness in his retirement.
PASSED AND ADOPTED in regular session on this the ____ day of
, 1989.
MAYOR
ATTEST:
City Clerk
~~
RESOLUTION NO. 65-89
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, TO LEVY A TAX ON ALL PROPERTIES WITHIN
THE CITY OF DELRAY BEACH, FLORIDA, FOR MAINTENANCE A..~D
OPERATION, AND TO LEVY A TAX FOR THE PAYMENT OF PRINCIPAL
AND I~TEREST ON BONDED INDEBTEDNESS, AND TO ALLOCATE AND
APPROPRIATE SAID COLLECTIONS THEREUNDER.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DEL RAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That there shall be and hereby is appropriated for
the General Fund operations of the City revenue derived from the tax of
$5.6259 per one thousand ($1,000) dollars of assessed valuation which is
hereby levied on all taxable property within the City of Delray Beach
for the fiscal year commencing October l, 1989, and terminating Septem-
ber 30, 1990, the assessed valuation on all taxable property for operat-
ing purposes within the City of Delray Beach being $2,261,238,l44, for
operating and for maintenance expenses of the General Fund, and also in
addition, all revenues derived by said City during said fiscal year from
all other sources other than the tax levy .for current bond service and
that part of collection of delinquent taxes levied for bond service.
The operating millage rate of $5.6259 per one thousand ($1,000) dollars
does exceed roll back of $4.8455 per one thousand ($l,OOO) dollars by
$0.7804 per one thousand ($l,OOO) dollars which is 116.1057% of the
rolled back rate.
Section 2. That amount of mone~ necessary to be raised. for
interest charges and bond redemption which constitutes a general obliga-
tion bonded indebtedness of the City of Delray Beach is $1,233,364, and
that there is hereby appropriated for the payment thereof, all revenues
derived from the tax levy of $0.5741 per one thousand ($1,000) dollars
of assessed valuation, which is hereby levied for that purpose for the
fiscal year commencing October 1, 1989, and terminating September 30,
1990, upon the taxable property of the City of Delray Beach, the asses-
sed valuation being $2,261,238,144.
Section 3. That the above millage rates are adopted subject to
adjustment in accordance with Section 200.065(5) of the Florida Statutes
which provides that each affected taxing authority may adjust its
adopted millage rate if the taxable value within the jurisdiction of the
taxing authority as certified pursuant to subsection (1) is at variance
from the taxable value shown on the roll to be extended.
Section 4.
Budget on September
PASSED AND
September, 1989.
That a Public Hearing was held on the Tax Levy and
12, 1989 and September 26,1989.
ADOPTED in regular session on this the 26th day of
MAY 0 R
ATTEST:
City Clerk
1>
RESOLUTION NO. 66-89
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, MAKING APPROPRIATIONS OF SUMS OF MONEY
FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY
BEACH, FLORIDA, FOR THE PERIOD FROM THE 1ST DAY OF
OCTOBER, 1989, TO THE 30TH DAY OF SEPTEMBER, 1990; TO
PRESCRIBE THE TERMS, CONDITIONS AND PROVISIONS WITH
RESPECT TO THE ITEMS OF APPROPRIATIONS AND THEIR PAYMENT;
AND TO REPEAL ALL RESOLUTIONS AND ORDINANCES WHOLLY IN
CONFLICT WITH THIS RESOLUTION AND ALL RESOLUTIONS AND
ORDINANCES INCONSISTENT WITH THIS RESOLUTION TO THE
EXTENT OF SUCH INCONSISTENCY.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the following sums of money, attached hereto
and marked Exhibit A, be and the same are hereby appropriated upon
terms, conditions and provisions hereinabove and hereinafter set forth.
Section 2. That all monies
appropriated upon the terms, conditions,
hereinafter set forth.
hereinbefore appropriated are
and provisions hereinbefore and
Section 3. That subject to the qualifications contained in
this resolution all appropriations made out of the General Fund are
declared to be maximum, conditional, and proportionate appropriations,
the purpose being to make the appropriations payable in full in the
amounts herein named if necessary and then only in the event the
aggregate revenues collected and other resources available during the
period commencing the 1st day of October, 1989, and terminating the 30th
day of September, 1990, for which the appropriations are made, are
sufficient to pay all the appropriations in full; otherwise the said
appropriations shall be deemed to be payable in such proportion as the
total sum of realized revenue of the General Fund is to the total amount
of revenues estimated by the City Commission to be available in the
period commencing the lst day of October, 1989, and terminating the 30th
day of September, 1990.
Section 4. That all balances of the appropriations payable out
of the General Fund of the City Treasury unencumbered at the close of
business on the 30th day of September, 1989, except as otherwise
provided for, are hereby declared to be lapsed into the Ci ty Treasury
and may be used for the payment of the appropriations which may be made
in any appropriation for the fiscal year commencing the 1st day of
October, 1989, provided, however, nothing in this Section shall be
construed to be applicable to unencumbered balances remaining to the
Credit of the Water and Sewer Fund, Sanitation Fund or any funds created
by the setting up of special revenue, but such balances shall be used in
financing the proposed expenditures of these funds for the fiscal year
commencing the 1st day of October, 1989.
Section 5. That no department, bureau, agency or individual
receiving appropriations under the provision of this resolution shall
exceed the amount of its appropriation, except with the consent and
approval of the City Commission first obtained; and if such department,
bureau, agency, or individual shall exceed the amount of its
appropriation without such consent and approval of the City Commission,
the administrative officer or individual, in the discretion of the City
Commission, may be deemed guilty of neglect of official duty and may be
subject to removal therefor.
q
-....... ~
,
Section 6. That nothing in this resolution shall be construed
as authorizing any reduction to be made in the amounts appropriated in
this resolution for the payment of interest on, or retirement of, the
debt of the City of Delray Beach, Florida.
Section 7. That none of the monies enumerated in this
resolution in connection with the General Fund, Water and Sewer Fund,
Sanitation Fund or any other Fund of the City shall be expended for any
purposes than those for which they are appropriated, and it shall be the
duty of the Assistant City Manager/Management Services based on data
provided by the Budget Director and Finance Director to report known
violations of this section to the City Manager.
Section 8. That all monies
bureau, agency or individual of the
promptly into the City Treasury.
Section 9. That the foregoing budget be and hereby is adopted
as the official budget of the City of Delray Beach for the aforesaid
period. Provided, however, that the restrictions with respect to the
expenditures/expenses of the funds appropriated shall apply only to the
lump sum amounts for classes of expenditures/expenses which have been
included in this resolution.
collected by
City Government
any department,
shall be paid
1, 1989.
Section 10. That this resolution shall be effective on October
PASSED AND ADOPTED in regular session on this the 26th day of
September, 1989.
MAY 0 R
ATTEST:
City Clerk
-2-
Res. No. 66-89
EXHIBIT A
CITY OF DELlAT BEACH
OPERATING BUDGET SUMMARY
FISCAL YEAR 89-90
Gallara! Lav C"-Ility Baaut1fica_ City
FWId Enforc:eMl!t Davalop- tiOIl TNn Marilla
ESTDfATID UvuUlS: Truet Milt FUM FUlld
AD VAl.OIDf TAXIS U3.489.693
SALI AID USI TAXIS $849.600
FUlfCIISI TAXIS S2.406.800 ~
UTILln TAUS '3,686.606
LICIISIS AID 'IIMITS U.432,925 ..
IITIIGOVlUlllJlTAl. S4.221.699 S.541 . 5.0
CBAlGU FOI SIIVICIS '744.934 SlO.OOO
Fms AID FOUIITtlIIS '455.800
MISCILLAnOUS IIVII1.'18 S2.690.884 S26.000 '4.200
0TIIIl FIlWICIRG SOUlCIS '2.073.737 '63.578
TOTAL lIVl1Il1U SJ2,052.678 '0 '541.580 Sl9.518 Sl4.200
PIIOI YEAR FUWD BALABC! SJ25.000 '263.750 U35.472 '0
TOTAL RlVI1Il1ES AND
OTHII FDWlCING SOUlCES SJ2.377.678 '263.750 '541.580 '225.050 $84.200
............ ............ ........... ............. ..........
EXPENDITtlIIS/EXPENS!S:
GINIIAL GOVIP-n $2.279,890
COHHUNln SIIVICIS '5.204.297 $188.746 '39.298
DEVELOPMENT SIIVICIS SJ.379,403 '541.580
HANAGDIDr SIIVIC!S $1.732.4'61
POLICE DEPAlTMINT $9.074.871 $263.750
FIll D!PAlTMINT $5.967.575
GIANTS AND
CONTINGENCIES S638.920
DEBT SllVIC! $3.295.909
OTHII FINANCING
SOUlCIS (USES) '300.952 '36.304 $5.755
TOTAL EXPENDITURES/ $31.874.278 $263.750 $541.580 $225.050 '45.053
EXPENSES
RESERVES '503.400 $0 '0 '0 '39,147
TOTAL EXPlNDlTUlIS
IEXPENSES , IISIIVlS '32.377 .678 $263.750 $541,580 $225.050 Sl4.200
............ ............ ........... ......-.- ..........
ORDINANCE NO. 47-89
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE
XVI I, "LAND USAGE" , CHAPTER 1 7 3 , .. ZONING
CODE", "GENERAL REGULATIONS", SECTION
l73.030, "SPECIAL SETBACK PROVISIONS",
SUBSECTION l73.030(P), BY ADDING "SCREEN
ENCLOSURES, AND ACCESSORY STRUCTURES IN REAR
YARDS" TO THE SHORT TITLE OF SUBSECTION
173.030(P); BY AMENDING PARAGRAPH
l73.030(P)(1), TO PROVIDE THAT THE MINIMUM
REAR SETBACK REQUIREMENT FOR SCREEN PORCHES
AS STATED THEREIN SHALL APPLY IN ALL RESIDEN-
TIAL ZONING DISTRICTS; BY ADDING A NEW
PARAGRAPH l73.030(p) (2) TO PROVIDE FOR A
REDUCTION OF THE REAR YARD SETBACK FOR SCREEN
ENCLOSURES AROUND SWIMMING POOLS AND OTHER
ACCESSORY STRUCTURES WHEN CERTAIN CRITERIA IS
MET AS PROVIDED THEREIN, AND TO PROVIDE THAT
ANY ACCESSORY STRUCTURE WHICH HAS A SOLID
ROOF SHALL NOT BE ALLOWED A HEIGHT GREATER
THAN THAT ALLOWED BY SECTION l73. 031,
"STRUCTURES ALLOWED IN SETBACKS", OR SECTION
l73.039, "WALLS, FENCES, HEDGES, AND THE
LIKE"; BY RENUMBERING PARAGRAPHS
173.030(P) (2) AND 173.030(P) (3) TO PARAGRAPHS
173.030(P)(3) AND 173.030(P)(4); AND BY
ADDING A NEW PARAGRAPH 173.030(P) (5) TO
PROVIDE THAT ANY CONFLICTS BETWEEN SUBSECTION
173.030 (P) AND THE REGULATIONS AS SET FORTH
IN INDIVIDUAL RESIDENTIAL ZONING DISTRICTS
SHALL BE GOVERNED BY THE PROVISIONS OF
SUBSECTION 173.030(P); PROVIDING A GENERAL
REPEALER CLAUSE; PROVIDING A SAVING CLAUSE;
PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Title XVII, "Land Usage", Chapter 173,
"Zoning Code", "General Regulations", Section 173.030, "Special
Setback Provisions", Subsection 173.030(p), of the Code of
Ordinances of the City of Delray Beach, Florida, be, and the same
is hereby amended to read as follows:
(P) Setbacks for screen porches, screen enclo-
sures, and accessory structures in rear yards
shall be as follows:
j
(1) In all tlie /'bi-l-i' /'bi-l-rrJ' /'bi-l-U' /11.VJ-I-4'
1~07771/and//1~0-1-1~ residential zoning
districts, the minimum rear setback for
screen porches attached to residential
type buildings shall be ten feet whenev-
er at least 50 feet of open space, as
defined in division (2) below, separates
that rear property line from the next
rear property line directly across and
abutting the open space.
\0
ill Al1
ill 01
III Screen enclosures around sWimming ~ools
and other accessory structures may have
a zero rear ard setback whenever at
least f1 teet 50 0 0 en s ace as
defined 1n subsection 3 be ow sepa-
rates the rear property line from the
next rear property line directly across
and abutting the open space. However,
this subsection does not constitute a
change to rovisions of Section 173.031
(Structures Allowed in Setbacks or
Section 173. 039 (Walls, Fences, Hedges
and the Like) in the interpretation of
height restrictions. Any accessory
structure which has a solid roof shall
not be allowed a height greater than
that allowed by the above sections.
For the purpose of this division (P),
open space shall mean any exterior open
area clear from the ground upward,
except as noted below, such as canals,
lakes, golf courses, parks, sidewalks,
streets, parking areas, bicycle paths,
and the like. If an area of open space
such as a golf course includes buildings
or structures utilized in connection
therewith, the reduced setback provision
contained in division (P) (1) above shall
still apply if there is a minimum of 50
feet between such buildings and struc-
tures, and the property line on which
the subject screen porch is to be
located.
In order to qualify for the reduced
setback provision of this division (P),
the open space must either consist of
common open space that is owned or
leased by the owners of residential
units within the subdivision of which
that open space is a part, or be dedi-
cated to the public, or restricted to
such open space use by covenants,
declarations, easements, or deed re~
strictions in order to provide a reason-
able degree of assurance of the continu-
ity of the open space status of the
property.
ill Any conflicts between this division (P)
and the regulations as set forth in
individual residential zoning districts
shall be overned b the rovisions of
th1s d1v1s1on P.
Section 2. That all ordinances or parts of ordinances
which are in conflict herewith are hereby repealed.
Section 3. That should any section or provision of
this ordinance or any portion thereof, any paragraph, sentence or
word be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the
remainder hereof as a whole or part thereof other than the part
declared to be invalid.
- 2 -
Ord. ~o. 47-89
Section 4. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in
final reading on this the
regular
day of
session on
second and
, 1989.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
- 3 -
Ord. No. 47-89
CITY
COMMISSION
DOCUMENTATION
TO:
~~~l;~ ASSI:T:T
FRANK R. SPENCE, DIRECTOR
DEVELOPMENT SERVICES GROUP
CITY MANAGER
VIA:
FROM:
~~~~~RECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF SEPTEMBER l2, 1989
FIRST READING ORDINANCE 47-89
SPECIAL REAR YARD SETBACKS
ACTION REOUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval on first reading of an ordinance which will amend
l73.030(P), Special Setbacks Along Open Space Areas.
If approved, a public hearing would be advertised for
September 26, 1989.
BACKGROUND:
This item was before the Commission previously but was pulled
from the agenda based upon a memorandum from the City Attorney's
Office which pointed-out that it did not address some concerns of
the Board of Adjustment.
The matter went back to the Planning and Zoning Board and the
resulting proposed ordinance has been broadened to address screen
pool enclosures and accessory structures. Please refer to the
P&Z staff report for a full analysis of the proposal.
The proposed text was developed through the cooperative efforts
of the City Attorney's Office, the Chief Building Official, and
the Director of Planning and Zoning.
PLANNING AND ZONING BOARD CONSIDERATION:
At it's meeting of August 2l, 1989) the Planning and Zoning Board
forwarded the item with a 3-2 recommendation of approval (Klarer
and Coopersmith voting nay).
RECOMMENDED ACTION:
By motion, approval of Ordinance 47-89 on first reading and set
September 26, 1989, as a public hearing date for consideration of
second reading.
Attachment:
P&Z Staff Report of August 2l, 1989
Ordinance prepared by others
REF/DJK#51/CCORD47.TXT
ORDINANCE NO. 54-89
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING TITLE V,
"PUBLIC WORKS", CHAPTER 5l, "GARBAGE AND TRASH",
OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY
BEACH, FLORIDA, BY AMENDING "RATES AND CHARGES",
SECTION 51.70, "REGULAR CHARGES LEVIED", TO
PROVIDE FOR INCREASED GARBAGE AND TRASH SERVICE
CHARGES AND FEES; AND TO PROVIDE FOR FEES FOR
BOTH RESIDENTIAL AND COMMERCIAL CUSTOMERS FOR
RECYCLING SERVICE; PROVIDING A GENERAL REPEALER
CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN
EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Title V, "Public Works", Chapter 5l,
"Garbage and Trash", "Rates and Charges", Section 5l. 70, "Regular
Charges Levied", of the Code of Ordinances of the City of Delray
Beach, Florida, be, and the same is hereby amended to read as
follows:
Sec. 5l-70 REGULAR CHARGES LEVIED.
The following service charges or fees are levied for
garbage and trash service:
(A) Charges for the below-described garbage and trash
pickup service shall be as follows and shall
commence when a certificate of occupancy is issued
for any residential or commercial units, and shall
continue monthly thereafter unless service is
discontinued in accordance with Section 5l-72:
(l) For those customers receiving Type A, roll-
out cart service, the service charge shall be
'Z./i6 $19.27 per month for garbage and trash
pickup. However, the levy for "Tropic Palms
and Palms of Delray" (known as Type F) shall
be UBi U $1 7.67 per month for garbage and
trash pickup.
(2) For those customers rece~v~ng Type B, rear-
door/side-door service, the serv~ce charge
shall be ,z.Iaz $18.33 per month for garbage
and trash pickup.
(3) For those customers receiving Type C,
curbside, garbage and household trash in
disposable containers service, the service
charge shall be 18117 $12.96 per month for
garbage and household trash pickup.
(4) For those customers rece~v~ng Type D,
curbside in owner's container (or for those
customers who, by reason of disability, as
certified by a doctor and previously approved
by the city, are unable to place refuse
containers on the street, and whose collec-
tion by the city or its contractor is thus
pursuant to the Type B, rear-door/side-door
service), the service charge shall be '1Z19Z
$16.36 per month for garbage and trash
pickup.
( (
NOTE: Residential customers shall be assessed a
$l.80 per unit charge for recycling service
(included in rates set forth above).
(B) Mechanical containers
container service.
and
commercial
refuse
(1) For customers recei ving Type E, mechanical
containers and commercial refuse container
service, the service charge shall be based
upon the following for such garbage and trash
services:
Container Size
(Square Yard)
Pickups
Per Week
Container
Monthly
Billing Ra te
2
3
4
6
8
2
3
4
6
8
2
3
4
6
8
2
3
4
6
8
2
3
4
6
8
2
3
4
6
8
1
1
1
1
1
2
2
2
2
2
3
3
3
3
3
4
4
4
4
4
5
5
5
5
5
6
6
6
6
6
'/43
U
79
H4
141
U
124
US
1.17
2'Jl
IU
IiI
217
341
411
In
247
ZH
1$4
~i2
2H
ZrJ9
Z'Ji
Hi
727
UrJ
311
474
liZ
sn
( 2)
Multiple-family dwelling units
five units or more shall use
emptied by mechanical means,
otherwise approved by the city
lack of suitable space for a
container or other good reason.
containing
containers
except as
because of
mechanical
$ 52
74
95
137
l77
103
148
190
275
353
154
222
285
412
530
206
296
380
549
707
257
370
475
687
884
309
444
570
824
1,061
(3) Commercial customers shall use mechanical
containers and commercial refuse container
service (Type E). Commercial customers shall
include, but not be limited to, all office
buildings, stores, filling stations, service
establishments, light industry, schools,
churches, clubs, lodges, motels, laundries,
hotels, public buildings, food service, and
lodging establishments. Commercial customers
may use any of the following containers for
accumulation of refuse:
- 2 -
Ord. No. 54-89
(a) Commercial refuse containers. The city
shall require any commercial customer
needing more than six refuse containers
to use mechanical containers, if feasi-
ble.
(b) Mechanical containers.
(4) The owners/operators of commercial establish-
ments and other commercial customers shall
accumulate such refuse in those locations
mutually agreed upon by the owner/operator
and the city or its contractors, and which
are convenient for collection by the city or
its contractors.
(5) Containers emptied by mechanical means shall
be provided by the city or its contractors.
These containers shall be emptied on a
schedule mutually agreed upon by the customer
and the city or its contractors, but not less
than one day a week nor more than six days a
week. Maintenance of that container shall be
as set forth in this chapter; however, the
city's contractors shall not impose any
separate or additional charges to customers
or to the city for the rental or rou-
tine/regular maintenance of such containers
that may be performed by the city's contrac-
tors.
(6) Commercial customers needing less than six
refuse containers, and those approved for
this type of service by the city in advance
because they lack a suitable location for a
mechanical container shall also be serviced
at least once per week. All garbage and
commercial trash shall be collected from such
refuse containers at locations agreed to
between the city or its contractors and the
customer.
(C) The charges set forth above for mechanical con-
ta'iners and commercial refuse container service
(Type E) shall accrue and be payable on the total
capaci ty of the container whether or not it is
full. Containers of the type and size designated
by the city or provided by the city's contractors
shall be used. Where more than one user is
serviced by one container, the monthly charges
shall be levied to each customer by dividing the
total monthly cost by the number of customers
using that container; however, in no event shall
the monthly service charge be less than UJ $52
per customer. The term .CUSTOMER" as employed
herein is any person using the service or to whom
the service is available. Even if the customer is
different from the person who is actually billed
for or pays for the service, the minimum monthly
charge referred to above shall be calculated as to
each customer.
- 3 -
Ord. No. 54-89
,
,
-(D) Commercial Rates For Recycling:
HAULING CHARGES 2-CU YD 3-CU YD 4-CU YD 6-CU YD 8-CU YD
lX PER WEEK SVC 43.00 62.00 79.00 ll4.00 l46.00
NOTE: Rates are stated in terms of monthly service charges,
and Waste Mana ement will invoice the Cit_ for services as
well as provide the City with a detailed list of commercial
rec clin customers and conta~ners. Waste Mana ement will
rov~de 2-cub~c ards of conta~ner s ace or eac t ~rt
3 we ~n un~ts ocate ~n con om~n~um or a artment
com exes. Waste Mana ement w~ eterm~ne a ro r~ate
conta~ner s~zes ~n cooperat~on w~t the owners/operators 0
the condominiums and apartments. Recycled mixed paper will
be collected once each week.
Section 2. That all ordinances or parts of ordinances
which are in conflict herewith are hereby repealed.
Section 3. That should any section or prov~s~on 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 af~ect the validity of the
remainder hereof as a whole or part thereof other than the part
declared to be invalid.
Section 4. That this ordinance shall become effective
immediately upon its passage on second and final reading, and the
changes set forth herein shall be applicable to all bills ren-
dered on or after October l, 1989.
PASSED AND ADOPTED
final reading on this the
in regular session on
day of
second and
, 1989.
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
- 4 -
Ord. No. 54-89
ORDINANCE NO. 57-89
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING CHAPTER 54, "SEWERS", OF THE
CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA,
BY AMENDING SECTION 54.32, "SERVICE RATES AND CHARGES",
SUBSECTION B-1, "RESIDENTIAL DWELLING UNITS", AND
SUBSECTION B-2, "NONRESIDENTIAL/COMMERCIAL UNITS", TO
INCREASE THE SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT
DISPOSAL BOARD CHARGES FROM $.5755 PER l,OOO GALLONS TO
$.9l70 PER l,OOO GALLONS FOR INSIDE CITY USE, AND FROM
$.7l94 FOR 1,000 GALLONS, FOR RESIDENTIAL AND
NONRESIDENTIAL/COMMERCIAL USE RESPECTIVELY, TO $1.l463
PER 1,000 GALLONS FOR OUTSIDE CITY USE; PROVIDING A
SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, TO READ AS FOLLOWS:
Section 1. That Chapter 54, "Sewers", Section 54.32, "Service
rates and charges", Subsection B-1, "Residential dwelling units", of the
Code of Ordinances of the City of Delray Beach, Florida, be, and the
same is hereby amended to read as follows:
(1) Residential dwelling units. A monthly sanitary sewerage
service charge is imposed upon each residential dwelling unit,
as more specifically set forth hereinafter, to which sanitary
sewerage service is available through the facilities afforded
by the municipally-owned sewerage system, according to the
following schedule:
Residential: Inside City Outside City
(a) Capacity charge (per
residential dwelling unit) $7.00 $8.75
(b) Commodity charge (based on
metered water with maximum
of 10,000 gallons) :
City (per 1,000 gallons) 0.55 0.69
Residential
South Central Regional
Wastewater Treatment Disposal
Board (per 1,000 gallons) >$...Si'SS .9170 ....i'i94 1.1463
Note:
Where no water service is provided, there shall be a monthly
customer charge of two dollars and sixteen cents ($2.16) per
residential dwelling unit, and the commodity charge shall be
based on the maximum of ten thousand (10,000) gallons.
Section 2. That Chapter 54, "Sewers", Section 54.32, "Service
rates and charges", Subsection B-2, "Nonresidential/commercial units",
of the Code of Ordinances of the City of Delray Beach, Florida, be, and
the same is hereby amended to read as follows:
(2) Nonresidential/commercial units. A monthly sanitary sewer
service charge is imposed upon each commercial and nonresidential unit
to which sanitary sewage service is available through the facilities
afforded by the municipally owned sewerage system, according to the
following schedule:
12..-
Nonresidential/commercial
(a) Capacity charge (per meter):
3/4 and 1 inch meter
1 1/2 inch meter
2 inch meter
3 inch meter
6 inch meter
Inside City
Outside City
$ 7.00
15.70
28.06
62.88
254.75
$ 8.75
19.62
35.07
78.60
318.43
(b) Commodity charge (based on ninety per cent (90%) of
metered water):
City (per 1,000 gallons)
$ 0.55
$ 0.69
South Central Regional
Wastewater Treatment Disposal
Board (per 1,000 gallons)
$..,:;1,5 .9170
hH94 1.1463
Note: For those nonresidential/commercial units where water service is
not available, the capacity and commodity charges shall be
determined by unit classification standards for water usage.
Section 3. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
1989.
Section 4. That this ordinance shall become effective October 1,
PASSED AND ADOPTED in regular
reading on this the day of
session on second and
, 1989.
final
ATTEST:
MAY 0 R
City Clerk
First Reading
Second Reading
- 2 -
Ord. No. 57-89
ORDINANCE NO. 58-89
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING CHAPTER 117, "LANDLORD PERMITS",
OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, BY AMENDING SECTION 11 7.02, "PERMIT FEES", TO
PROVIDE FOR MODIFICATIONS TO THE PERMIT FEES; PROVIDING A
SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA AS FOLLOWS:
Section 1. That Chapter 117, "Landlord Permits", Section
117.02, "Permit fees", of the Code of Ordinances of the City of Delray
Beach, Florida, be, and the same is hereby amended to read as follows:
Applications for a landlord permit shall be available through
the Building Department. The annual permit fee shall be $iiT96 $11.50
per unit. Such permit shall be for one year from the date of issue on
November 1 of each year, with the fee to be prorated quarterly.
Section 2. That should any section or prov~s~on of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 3. That this ordinance shall become effective October
1, 1989.
PASSED AND ADOPTED in regular
reading on this the ____ day of
session on second and
, 1989.
final
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
IS
ORDINANCE NO. 59-89
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING TITLE XV,
"BUILDING REGULATIONS", OF THE CODE OF ORDINANC-
ES OF THE CITY OF DELRAY BEACH, FLORIDA, BY
AMENDING CHAPTER l50, "BUILDING REGULATIONS",
"MOVING BUILDINGS", SECTION l50.062, "PERMIT
FEE", TO PROVIDE FOR AN INCREASE IN THE PERMIT
FEE FOR MOVING BUILDINGS; BY AMENDING CHAPTER
l50, "BUILDING REGULATIONS", "BUILDING CODE",
SECTION 150.0l6, "AMENDMENTS AND ADDITIONS TO
CODE", SUBSECTION 107.4, "SCHEDULE OF PERMIT
FEES", SUBPARAGRAPHS (c) (I), (c) (II), (c) (III),
(c) (IV), (c) (V), (c) (VI), AND (c) (IX), TO MODIFY
PERMIT FEES FOR NEW BUILDINGS AND ADDITIONS,
MISCELLANEOUS PERMITS, SUB TRADE PERMITS, PERMIT
FEES FOR LONG-TERM PERMITTING, PERMIT FOR MOVING
OF BUILDING OR STRUCTURE, PERMIT FOR DEMOLITION
OF BUILDING OR STRUCTURE, AND CERTIFICATE OF
OCCUPANCY; BY AMENDING CHAPTER 157, "GAS CODE",
SECTION 157.02, "AMENDMENTS AND ADDITIONS TO
CODE", SUBSECTION 113.4, "SCHEDULE OF PERMIT
FEES", SUBPARAGRAPHS (a) AND (C), TO PROVIDE FOR
AN INCREASE IN THE PERMIT FEES; BY AMENDING
CHAPTER l60, "MECHANICAL CODE", SECTION 160.02,
"AMENDMENTS AND ADDITIONS TO CODE", SUBSECTION
1 06.3, "SCHEDULE OF PERMIT FEES", SUBPARAGRAPHS
(a) AND (c), TO PROVIDE FOR AN INCREASE IN THE
PERMIT FEES; BY AMENDING CHAPTER 161, "PLUMBING
CODE", SECTION 161.02, "AMENDMENTS AND ADDITIONS
TO CODE", SUBSECTION 113.4, "SCHEDULE OF PERMIT
FEES", SUBPARAGRAPHS (a) AND (c), TO PROVIDE FOR
AN INCREASE IN THE PERMIT FEES; BY AMENDING
CHAPTER 164, "WELLS; SPRINKLER SYSTEMS", "WELLS
FOR POTABLE WATER", SECTION 164.19, "PERMIT
FEES", TO PROVIDE FOR AN INCREASE IN THE PERMIT
FEES FOR DRILLING OR DRIVING A POTABLE WELL; BY
AMENDING CHAPTER 164, "WELLS; SPRINKLER
SYSTEMS", "WELLS FOR NONPOTABLE WATER; SPRINKLER
SYSTEM", SECTION 164.36, "PERMIT FEES", TO
PROVIDE FOR AN INCREASE IN THE PERMIT FEES FOR
DRILLING OR DRIVING A NONPOTABLE WELL AND
SPRINKLER SYSTEM; BY AMENDING CHAPTER 155,
"ELECTRICITY", "PERMITS AND INSPECTIONS",
SECTION 155.18, "PERMIT FEES", SUBSECTIONS (A)
AND (C), TO PROVIDE FOR AN INCREASE IN PERMIT
FEES; BY AMENDING CHAPTER 150, "BUILDING
REGULATIONS", "TEMPORARY STRUCTURES; TENTS",
SECTION 150.102, "PREREQUISITES TO APPROVAL;
PERMITTED USES" , SUBPARAGRAPH (C) (1) (a), TO
PROVIDE FOR AN INCREASE IN PERMIT FEE; BY
AMENDING CHAPTER 159, "LANDSCAPING", "TREE AND
SHRUB REMOVAL AND PROTECTION", SECTION 159.51,
"PERMIT FEES FOR TREE REMOVAL, SHRUB CLEARING",
TO PROVIDE FOR AN INCREASE IN PERMIT FEES; AND
BY AMENDING CHAPTER 162, "SIGNS AND BILLBOARDS",
"PERMITS", SECTION 162.024, "PERMIT FEES",
SUBPARAGRAPH (A), TO PROVIDE FOR AN INCREASE IN
PERMIT FEES; PROVIDING A SAVING CLAUSE; PROVID-
ING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
,Lf
Section 1. That Title XV, "Building Regulations",
Chapter 150, "Building Regulations", "Moving Buildings", Section
l50.062, "Permit Fee", of the Code of Ordinances of the City of
Delray Beach, Florida, be, and the same is hereby amended to read
as follows:
'The application for a moving permit shall be
accompanied by a fee in the amount of $JflIliSflI
$3l7.60, which fee shall be nonrefundable.
Section 2. That Title XV, "Building Regulations",
Chapter 150, "Building Regulations", "Building Code", Section
150.0l6, "Amendments and Additions to Code", Subsection 107.4,
"Schedule of Permit Fees", Subparagraphs (c) (I), (c) (II),
(c) (III), (c) (IV), (c) (V), (c) (VI), and (c) (IX), of the Code of
Ordinances of the City of Delray Beach, Florida, be, and the same
is hereby amended to read as follows:
(c) For addi tions, remodeling, or partial
contracts, the building department will
accept signed contracts between the owner
and contractor as evidence of construction
costs or in lieu thereof will determine
costs using Means Cost Estimating Publica-
tions.
I. Permits for new buildings and addi-
tions.
A. Permit fees include:
l. Building
2. Electric
3. Plumbing
4. Mechanical
5. Roof
B. Single permit fee for the above
will be:
1. Minimum fee: HiUg $38.10
plus $l7iifll $18.50 per
required inspection. Total
valuation: $l,OOO or less.
2. Construction over $1,000 of
value: The fee shall be
$36130 $38.10 plus $t21tfll
$12.70 for each additional
$1,000 of value over $1,000
or portion thereof.
II. Miscellaneous permits. Miscellaneous
permits include driveways, fences,
reroofs, pools, utility sheds, patios,
sidewalks.
A.
Single miscellaneous
permit fee will be:
building
1. Minimum fee: $2$ Ug $26.55
plus $l7iifll $l8.50 per
required inspection. Total
valuation: $1,000 or less.
- 2 -
Ord. No. 59-89
2. Construction over $1,000 of
value: The fee shall be
$~$iZ0 $26.55 plus $aia0
$9.25 for each additional
$1,000 of value over $1,000
or portion thereof.
III. Sub trade permit.
A. Sub trades for, but not limited
to:
1. Sitework
2. Structural pest control
3. Underground fuel tanks
4. General construction
5. Subcontracts for general
construction
B. Minimum fee: U,i1rJ $38.10 plus
'Z7/'0 $18.50 per required
inspection. Total valuation:
$1,000 or less.
C. Construction over $1,000 of
value: The fee shall be 'lii1rJ
$38.10 plus '2412rJ $25.40 for
each additional $1,000 of value
over $1,000 or portion thereof.
IV. Permit fees for long-term permitting.
The permit fee shall be based on
'Z21Z0 $l2~70 per $1,000 construction
cost and shall be paid at the begin-
ning of the yearly period. Within 45
days after the end of the yearly
period, the business shall present to
the city a statement of actual costs
and shall remit to the city, or
receive a credit for the difference
between the project fees due and the
actual fees due based on actual
construction. The holder of the
long-term permit shall comply with
section 108.2(c) regarding inspections
for general construction work and
shall call for final inspections for
electrical and mechanical work for
small projects.
V. Permit for moving of building or
structure.
For the moving of
structure, the fee
$317.60.
any building or
shall be 'Z02i1l0
VI. Permit for demolition of building or
structure.
For the demolition of any building or
structure, the fee shall be "0i1l0
$63.50.
- 3 -
Ord. No. 59-89
IX. Certificate of occupancy.
(l) For the issuance of an additional
certificate of occupancy, the fee
shall be $~~'!0 $63.50.
(2) For the issuance of a temporary
certificate of occupancy, the fee
shall be $!~~'!0 $629.50.
Section 3. That Title XV, "Building Regulations",
Chapter l57, "Gas Code", Section l57.02, "Amendments and Addi-
tions to Code", Subsection 1l3.4, "Schedule of Permit Fees",
Subparagraphs (a) and (c), of the Code of Ordinances of the City
of Delray Beach, Florida, be, and the same is hereby amended to
read as follows:
(a) There shall be a minimum fee of '1"'1}
$38.l0 for $l,OOO.OO or less in construc-
tion value plus $11'~0 $18.50 per required
inspection. The fee shall be '3"'~ $38.10
plus 'Z'/Z~ $25.40 for each additional
$l,OOO.OO of construction value over
$l,OOO.OO or portion thereof as determined
by the building department or by evidence
of a signed contract between the owner or
his agent and contractor.
(c) Long-term permit fee. The permit fee shall
be based on UUU $12.70 per $1,000.00
construction cost and shall be paid at the
beginning of the yearly period. Within
forty-five (45) days after the end of the
yearly period, the business shall present
to the city a statement of actual costs and
shall remit to the city, or receive a
credit for the difference between the
projected fees due and the actual fees due
based on actual construction. The holder
of the long-term permit shall comply with
Section l08.2(c) regarding inspections for
general construction work and shall call
for final inspections for electrical and
mechanical work for small projects.
Section 4. That Title XV, "Building Regulations",
Chapter 160, "Mechanical Code", Section 160.02, "Amendments and
Additions to Code", Subsection 106.3, "Schedule of Permit Fees",
SUbparagraphs (a) and (c), of the Code of Ordinances of the City
of Delray Beach, Florida, be, and the same is hereby amended to
read as follows:
(a) There shall be a minimum fee of '1ii1fl
$38.10 for $1,000.00 or less in construc-
tion value plus $1"'0 $18.50 per required
inspection. The fee shall be '3"3rl $38.10
plus 'Z./Zrl $25.40 for each additional
$l,OOO.OO of construction value over
$l,OOO.OO or portion thereof as determined
by the bUilding department or by evidence
of a signed contract between the owner or
his agent and contractor.
- 4 -
Ord. No. 59-89
(c) Long-term permit fee. The permit fee shall
be based on HUH $l2.70 per $1,000.00
construction cost and shall be paid at the
beginning of the yearly period. Within
forty-five (45) days after the end of the
yearly period, the business shall present
to the city a statement of actual costs and
shall remit to the city, or receive a
credit for the difference between the
projected fees due and the actual fees due
based on actual construction. The holder
of the long-term permit shall comply with
section l08.2(c) regarding inspections for
general construction work and shall call
for final inspections for electrical and
mechanical work for small projects.
Section 5. That Title XV, "Building Regulations",
Chapter l6l, "Plumbing Code", Section l61.02, "Amendments and
Additions to Code", Subsection ll3.4, "Schedule of Permit Fees",
SUbparagraphs (a) and (c), of the Code of Ordinances of the City
of Delray Beach, Florida, be, and the same is hereby amended to
read as follows:
(a) There shall be a minimum fee of '1111rJ
$38.l0 for $1,000.00 or less in construc-
tion value plus $J1i60 $l8.50 per required
inspection. The fee shall be '~6i~rJ $38.10
plus 'l.ilrJ $25.40 for each additional
$l,OOO.OO of construction value over
$l,OOO.OO or portion thereof as determined
by the building department or by evidence
of a signed contract between the owner or
his agent and contractor.
(c) Long-term permit fee. The permit fee shall
be based on HUH $12.70 per $1,000.00
construction cost and shall be paid at the
beginning of the yearly period. Within
forty-five (45) days after the end of the
yearly period, the business shall present
to the city a statement of actual costs and
shall remit to the city, or receive a
credit for the difference between the
projected fees due and the actual fees due
based on actual construction. The holder
of the long-term permit shall comply with
section 108.2(c) regarding inspections for
general construction work and shall call
for final inspections for electrical and
mechanical work for small projects.
Section 6. That Title XV, "Building Regulations",
Chapter 164, "Wells; Sprinkler Systems", "Wells for Potable
Water", Section 164.19, "Permit Fees", of the Code of Ordinances
of the City of Delray Beach, Florida, be, and the same is hereby
amended to read as follows:
Permit fee to be charged by the city for drill-
ing or driving a potable well is "0iSrJ $63.50.
Section 7. That Title xv, "Building Regulations",
Chapter 164, "Wells; Sprinkler Systems", "Wells for Nonpotable
Water; Sprinkler System", Section 164.36, "Permit Fees", of the
Code of Ordinances of the City of Delray Beach, Florida, be, and
the same is hereby amended to read as follows:
- 5 -
Ord. No. 59-89
Permit fees to be charged by the city are as
follows: Permit fee for drilling or driVing a
well shall be UDiU $63.50; and a permit fee
for a sprinkler system, minimum, shall be 'S0iJ0
$63.50; plus 'X2/I0 $l2.70 per $1,000.00 of
construction costs above $1,000.00.
Section 8. That Title XV, "Building Regulations",
Chapter l55, "Electricity", "Permits and Inspections", Section
155.l8, "Permit Fees", Subsections (AI and (C), of the Code of
Ordinances of the City of Delray Beach, Florida, be, and the same
is hereby amended to read as follows:
(A) There shall be a minimum fee of Hi /1rJ
$38.l0 for $1,000 or less in construction
value plus $1'iS0 $l8.50 per required
inspection. The fee shall be USHrJ $38.10
plus '21120 $25.40 for each additional
$1,000 of construction value over $1,000 or
portion thereof as determined by the
building department or by evidence of a
signed contract between the owner or his
agent and contractor.
(C) Long-term permit fees.
(1) The permit fee shall be based on
'X2/I0 $l2.70 per $1,000 construction
cost and shall be paid at the begin-
ning of the yearly period. Within 45
days after the end of the yearly
period, the business shall present to
the city a statement of actual costs
and shall remit to the city, or
receive a credit for the difference
between the projected fees due and the
actual fees due based on actual
construction. The holder of the
long-term permit shall comply with
section 108.2(c) regarding inspections
for general construction work and
shall call for final inspections for
electrical and mechanical work for
small projects.
(2) To secure an electrical permit for a
state-approved modular home, the fee
for building the service shall be
Uf,H0 $38.10.
Section 9. That Title xv, "BUilding Regulations",
Chapter 150, "Building Regulations", "Temporary Structures;
Tents", Section 150.102, "Prerequisites to Approval; Permitted
Uses", Subparagraph (CI (1) (a), of the Code of Ordinances of the
City of Delray Beach, Florida, be, and the same is hereby amended
to read as follows:
(C) Building Department.
(1) Permit to erect and dismantle struc-
ture.
(a) Permit fee of $771grJ $57.75.
- 6 -
Ord. No. 59-89
Section 10. That Title XV, "Building Regulations",
Chapter l59, "Landscaping", "Tree and Shrub Removal and Protec-
tion", Section 159.5l, "Permit Fees for Tree Removal, Shrub
Clearing", of the Code of Ordinances of the City of Delray Beach,
Florida, be, and the same is hereby amended to read as follows:
Sec. 159.51 PERMIT FEES FOR TREE REMOVAL, SHRUB
CLEARING.
(A) Tree removal permit fee. There sh'all be
paid to the Building Department a permit
fee of 'X6/,g $17.30 for each tree removed.
Where a tree has died due to natural
causes, including disease, lethal yellow-
ing, freezing temperatures, lightning and
storms, inspection and permit shall be
required as herein provided, but the permit
fee shall be waived.
(B) Shrub clearing permit fee. In the case of
an application for clearing of shrub
vegetation only, there shall be paid to the
Building Department a fee commensurate with
the acreage involved in accordance with the
following schedule:
Acreage
Fee
1
2 - 5
6 - lO
11 - 20
Over 20
'I' $ 5.25
U $10.50
1.5 $15.75
1.5 $26.25
Z'/;1~8/JI/f~t/eai*
U.di'tUia llaite
$26.25 plus $l.05 for
each additional acre
Section 11. That Title XV, "Building Regulations",
Chapter 162, "Signs and Billboards", "Permits", Section 162.024,
"Permit Fees", Subparagraph (A), of the Code of Ordinances of the
City of Delray Beach, Florida, be, and the same is hereby amended
to read as follows:
(A) Permit fee. It shall be unlawful for any
person to post, display, alter, or erect
within the city a sign or sign structure
unless otherwise excluded by the terms of
this subchapter without first having paid a
permit fee to the city at the office of the
Building Official. T~e permit fee shall be
collected when the sign permit application
is submitted, based on the following
schedule of rates:
(1) Non-electrical signs shall be calcu-
lated on the basis of 'Xigg $1.50 per
square foot of sign face.
(2) Electrical signs shall be calculated
on the basis of JI/aa $l.50 per square
foot of sign face plus $10.00.
Section l2. That should any section or provision of
this ordinance or any portion thereof, any paragraph, sentence,
or word be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the
remainder hereof as a whole or part thereof other than the part
declared to be invalid.
- 7 -
Ord. No. 59-89
Section 13. That this ordinance shall become effective
on October l, 1989.
PASSED AND ADOPTED in regular
final reading on this the day of
session on second and
, 1989.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
- 8 -
Ord. No. 59-89
--
ORDINANCE NO. 60-89
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING CHAPTER 101 "PARKS, BEACHES, AND
RECREATION" OF THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, FLORIDA, BY AMENDING SECTION 101.35
"STORING BOATS" , SUBSECTION (F) TO PROVIDE FOR AN
INCREASE IN STORAGE FEE; PROVIDING A SAVINGS CLAUSE,
PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section
of the
amended
Section 1. That Chapter 101 "Parks,
101.35 "Storing Boats", Subsection (F)
City of Delray Beach, Florida, be,
to read as follows:
Beaches and Recreation",
of the Code of Ordinances
and, the same is hereby
(F) The permit fee to be submitted with the application shall
be .ii5~5e $200.00.
Section 2. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
1, 1989.
Section 3. That this ordinance shall become effective October
PASSED AND ADOPTED in regular
reading on this the day of
session on second and
, 1989.
final
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
\S
.
M E M 0 RAN DUM
TO: Malcolm
Inte,.-im
FROM: LIJ) L Robert
'-W'Acting
DATE: August
T. Bi,.-d
City Manage,.-
E. Savage
Di,.-ecto,.- of Public Wo,.-ks
29, 1989
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - 1219-12-1989
RECYCLING ORDINANCE - "TAMPERING WITH RECYCLING
MATERIALS, BINS OF: CDNTAlNERS".
Ac t4",on
City Commission
Title V, "PLlblic
heading "Special
is ,.-eguested to app,.-ove an o,.-dinance amending
llJoI"" ksII ~ Chapter- 51 ~ "Garbage and Tl'"dShll.~ sub-
Refuse Disposal Problems/I.
!;<"-cLgr_q~lng_
The Citv has been conducting a pilot curbside recycling p,.-og,.-am
wh~ch began in Ap,.-il and will evolve into a City w~de p,.-og,.-am
commencing Dctobe,.- 1, 1989. Du,.-ing the cou,.-se of the pilot
program the City and it's contractor, Waste Management Inc., have
received numerous calls from citizens reporting stolen recycling
bins and/or materials being removed from the bins prior to teinq
picked up by our contractor. Our contractual agreemerlt irldicates
that all recyclable materials placed in the bir15 are the proper tv
of the City. It also addresses the responsibility for the
r-ecycling bins. Thi-:? enactment (Jf an ordinancf:'? ~~,il.l legitlmi~~F~
the City 5 claim to the materials and ma~~e it ur'llawful to tamper
with either the containers or th~ir contents.
H.~,~..9.f.!lmeJl9..~ij._qDM
Staff recommends approval of the Ordinance R\akir\g it unlawful for
any unauthorized person or agent to remove artic:les or- otherwise
disturb materia,ls irl the City 5 rec:vclir,q birls.
f~E'~; / t"-t-'?~;
l
,
.
('RDINANCE NO. 64-89
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, REZONING AND
PLACING LAND PRESENTLY ZONED POC (PLANNED
OFFICE CENTER) DISTRICT IN SC (SPECIALIZED
COMMERCIAL) DISTRICT; SAID LAND BEING LOTS
43, 44, 45 AND 46 (LESS THE SOUTH 23.00 FEET
THEREOF), AND ALL OF LOTS 27, 28, 29 AND 30,
SANDS 0' SEA, TOGETHER WITH THAT PART OF THE
RIGHT-OF-WAY FOR PRINCESS BOULEVARD AS SHOWN
ON THE PLAT OF SANDS O'SEA, ACCORDING TO THE
PLAT THEREOF RECORDED IN PLAT BOOK 21 AT PAGE
27 OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA; SAID LAND IS LOCATED AT THE
NORTHWEST CORNER OF LINTON BOULEVARD AND S.W.
10TH AVENUE, IF EXTENDED NORTHWARD; AND
AMENDING "ZONING MAP OF DELRAY BEACH, FLORI-
DA, 1983"; PROVIDING A GENERAL REPEALER
CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING
AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the following described property in
the City of Delray Beach, Florida, is hereby rezoned and placed
in the SC (Specialized Commercial) District as defined in Chapter
173 of the Code of Ordinances of the City of Delray Beach,
Florida, to-wit:
Lots 43, 44, 45 and 46 (less the South 23.00
feet thereof), and all of Lots 27, 28, 29 and
30, SANDS O'SEA, according to the Plat
thereof recorded in Plat Book 21 at Page 27
of the Public Records of Palm Beach County,
Florida; together with,
That part of the right-of-way for Princess
Boulevard as shown on the Plat of SANDS
O'SEA, according to the Plat thereof recorded
in Plat Book 21 at Page 27 of the Public
Records of Palm Beach County, Florida, and
abandoned by Resolution No. 93-85, described
as follows: Begin at the Northeast corner of
Lot 43 of said Plat of SANDS 0' SEA; thence
West, along the North line of Lots 43 through
46, inclusive, 400.00 feet to the Northwest
corner of said Lot 46; thence N 2 degrees 17'
53" E, 50.04 feet to the Southwest corner of
Lot 27; thence East, along the South line of
Lots 27 through 30, inclusive, 400.00 feet to
the Southeast corner of said Lot 30; thence S
2 degrees 17' 53" W, 50.04 feet to the said
Point of Beginning.
The subject property is located at the
northwest corner of Linton Boulevard and S.W.
10th Avenue, if extended northward.
The above described parcel contains a 2.572
acre parcel of land, more or less.
Section 2. That the Planning Director of said City
shall, upon the effective date of this ordinance, change the
Zoning Map of Delray Beach, Florida, to conform with the provi-
sions of Section 1 hereof.
cQo
Section 3. That all ordinances or parts of ordinances
in conflict herewith be, and the Same are hereby repealed.
Section 4. That should any section or provision of
this ordinance or any portion thereof, any paragraph, sentence,
or word be declared by a Court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the
remainder hereof as a whole or part thereof other than the part
declared to be invalid.
Section 5. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED
final reading on this the
in regular session on
day of
second and
, 1989.
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
- 2 -
Ord. No. 64-89
ORDINANCE NO. 65-89
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, REZONING AND
PLACING LAND PRESENTLY ZONED R-1A (SINGLE
FAMILY DWELLING) DISTRICT IN SC (SPECIALIZED
COMMERCIAL) DISTRICT; SAID LAND BEING LOTS 6
THROUGH 15, INCLUSIVE, SANDS O'SEA, ACCORDING
TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK
21 AT PAGE 27 OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA; SAID LAND IS LOCATED
NORTH OF LINTON BOULEVARD, BETWEEN S.W. 10TH
AVENUE AND GERMANTOWN ROAD; AND AMENDING
"ZONING MAP OF DELRAY BEACH, FLORIDA, 1983";
PROVIDING A GENERAL REPEALER CLAUSE;
PROVIDING A SAVING CLAUSE; PROVIDING AN
EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the following described property in
the City of Delray Beach, Florida, is hereby rezoned and placed
in the SC (Specialized Commercial) District as defined in Chapter
173 of the Code of Ordinances of the City of Delray Beach,
Florida, to-wit:
Lots 6, 7, 8, 9, 10, 11, 12, 13, 14 and l5,
SANDS O'SEA, Delray Beach, Palm Beach County,
Florida, according to the Plat thereof as
recorded in Plat Book 21 at Page 27 of the
Public Records of Palm Beach County, Florida.
The subject property is
Linton Boulevard, between
and Germantown Road.
located north of
S.W. 10th Avenue
The above described parcel contains a 2.43
acre parcel of land, more or less.
Section 2. That the Planning Director of said City
shall, upon the effective date of this ordinance, change the
Zoning Map of Delray Beach, Florida, to conform with the provi-
sions of Section 1 hereof.
Section 3. That all ordinances or parts of ordinances
in conflict herewith be, and the same are hereby repealed.
Section 4. That should any section or provision of
this ordinance or any portion thereof, any paragraph, sentence,
or word be declared by a Court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the
remainder hereof as a whole or part thereof other than the part
declared to be invalid.
Section 5. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED
final reading on this the
in regular session on
day of
second and
, 1989.
ATTEST:
MAY 0 R
City Clerk
First Reading
Se cond Reading
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ORDINANCE NO. 65-89
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AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, REZONING AND
PLACING LAND PRESENTLY ZONED R-1A (SINGLE
FAMILY DWELLING) DISTRICT IN SC (SPECIALIZED
COMMERCIAL) DISTRICT; SAID LAND BEING LOTS 6
THROUGH 15, INCLUSIVE, SANDS O'SEA, TOGETHER
WITH THAT PART OF THE RIGHT-OF-WAY FOR QUEENS
AVENUE AS SHOWN ON THE PLAT OF SANDS O'SEA,
ACCORDING TO THE PLAT THEREOF AS RECORDED IN
PLAT BOOK 2l AT PAGE 27 OF THE PUBLIC RECORDS
OF PALM BEACH COUNTY, FLORIDA; SAID LAND IS
LOCATED NORTH OF LINTON BOULEVARD, BETWEEN
S.W. 10TH AVENUE AND GERMANTOWN ROAD; AND
AMENDING "ZONING MAP OF DELRAY BEACH, FLORI-
DA, 1983" ; PROVIDING A GENERAL REPEALER
CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING
AN EFFECTIVE DATE.
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the following described property in
the City of Delray Beach, Florida, is hereby rezoned and placed
in the SC (Specialized Commercial) District as defined in Chapter
173 of the Code of Ordinances of the City of Delray Beach,
Florida, to-wit:
Lots 6, 7, 8, 9, 10, ll, 12, 13, 14 and l5,
SANDS O'SEA, Delray Beach, Palm Beach County,
Florida, according to the Plat thereof as
recorded in Plat Book 21 at Page 27 of the
Public Records of Palm Beach County, Florida;
together with,
That part of the right-of-way for Queens
Avenue as shown on the Plat of SANDS O'SEA,
according to the Plat thereof as recorded in
Plat Book 21 at Page 27 of the Public Records
of Palm Beach County, Florida, described as
follows: Begin at the Southwest corner of
Lot 6 of said Plat of SANDS 0 I SEA; thence
Easterly, along the South line of Lots 6
through 10, inclusive, 375.00 feet to the
Southeast corner of said Lot 10; thence
Southerly, along the Southerly extension of
the East line of the said Lot lO, 50.04 feet
to the Northeast corner of Lot 1l; thence
Westerly along the North line of Lots 11
through 15, inclusive, 375.00 feet to the
Northwest corner of said Lot 15; thence
Northerly, along the Northerly extension of
the West line of said Lot 15, 50.04 feet to
the said Point of Beginning.
The subject property is
Linton Boulevard, between
and Germantown Road.
located north of
S.W. 10th Avenue
The above described parcel contains a 2.867
acre parcel of land, more or less.
Section 2. That the Planning Director of said City
shall, upon the effective date of this ordinance, change the
Zoning Map of Delray Beach, Florida, to conform with the provi-
sions of Section 1 hereof.
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Section 3. That all ordinances or parts of ordinances
in conflict herewith be, and the same are hereby repealed.
Section 4. That should any section or provision of
this ordinance or any portion thereof, any paragraph, sentence,
or word be declared by a Court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the
remainder hereof as a whole or part thereof other than the part
declared to be invalid.
Section 5. That this ordinance shall become effective
on November l, 1989.
PASSED AND ADOPTED
final reading on this the
in regular
day of
session on second and
, 1989.
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
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Ord. No. 65-89
C I T Y
COM MIS S ION
DOC U MEN TAT ION
TO:
~~ A';~CIZ~ASSI:ANT
FRANK R. SPENCE, DIRECTOR
DEVELOPMENT SERVICES GROUP
CITY MANAGER
VIA:
~~V~,
D ID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
FROM:
SUBJECT: MEETING OF SEPTEMBER 26, 1989
CONSIDERATION ON FIRST READING OF TWO ORDINANCES
ENACTING REZONINGS FOR EXPANSION OF WALLACE AUTO
DEALERSHIPS ALONG LINTON BOULEVARD
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval on first reading of enacting ordinances for land
which is involved in a proposed expansion of the Wallace
Automobile Dealerships on Linton Boulevard.
Second reading and public hearing will be held on October
10, 1989.
One area is currently zoned POC and is located at the
intersection of Linton Boulevard and a northerly extension
of SW lOth Avenue; the other is currently zoned R-lA and is
immediately north of the POC area.
BACKGROUND:
These rezonings involve, 5.5 acres of land. It is intended that
upon finalization of the rezoning, the property will be included
in an expansion and revision of existing and proposed aspects of
the Wallace Automobile Dealerships on adjacent property. A major
modification to the existing approvals was recommended for
approval by the Planning and Zoning Board relative to this
expansion; however, that action will not be before the Commission
until the rezoning is consummated.
There are no unusual aspects to this request. It is consistent
with the current and proposed Comprehensive Plan and it is not
inconsistent with pOlicy statements dealing with the location of
automobile related uses.
Please see the P&Z Staff Report for full background and analysis
of the item.
PLANNING AND ZONING BOARD CONSIDERATION:
At it's meeting of September 18, 1989, the Planning and Zoning
Board unanimously recommended approval of the proposed rezonings.
There was no public comment.
RECOMMENDED ACTION:
By motion, based upon the findings made by the Planning and
Zoning Board, approve the enacting ordinances on first reading
and set a public hearing date of October lO, 1989, for second
reading.
face sheet of P&Z staff report
map of the areas to be rezoned
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Attachments:
/-'LANN I NG 8
CITy OF OELRAY
?rJNING BOARD
BEACH
STAFF REPORT
MEETING ~TE: SeDtember 18, 1989
AGEI'O=I I TEH:
III. A
ITEM:
nin from poe and R-1A to
Linton Boulevard at S.W. 10th
Avenue Exten
....
e (Wallace Dealerships) along Linton
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GENERAL
-.._-
DATA:
Owner...........................Wllll.. L. Wallace. President
Wallaee Ford, Inc. And Wallace
Dadq_, Inc.
Agent...........................M1Ch..l S. Weiner, Esq.
Loc.tion........................Northwe.t COrner of Linton 8lvd.
and S.w. 10th Ave., if extended
northward.
Property 51&e...................5.44 Acres 1236.875 Sq.tt.J
Ex1stiD9 Land U.. Pl.n..........c (Commercial)
PropoSed Land Use Pl.n..........o.n.r.l COMmercial
(Comprehensive Plan)
EXisting Zon1n9........~........POC (Planned Office Center) and
. R-U. ISln9le-FUlUy Owellin9
. District)
..
"
PropoSed Zoninq.................sc (Specialized Commerciall
Adjacent Zoninq.................NOrth &nd welt of the Subject
property il zoned sc. South is
zoned GC (General Commerciall and
east 1s zoned RM-15 (Hultiple-
Family Dwellin; District).
EX1Stin; Land Use.............. .Vacant land
ProPOsed Land Use.. .............Automobile Dealership
Water s.rvlee...................Exl.t.1n; 10" main located alon9
the South side of Linton BlVd.
and an existing 10" main along
the east side of Germantown Road.
Sewer servlce...................EXlstin; 8" malns located west of
the subject property and a force
maIn exists on-site along Queens
Ave.
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ORDINANCE NO. 66-89
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO
THE CITY OF DELRAY BEACH FIFTEEN (15) PARCELS
OF LAND LYING AND BEING IN SECTION l3,
TOWNSHIP 46 SOUTH, RANGE 42 EAST, PALM BEACH
COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO
EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID
LAND IS LOCATED AT THE NORTHEAST CORNER OF
WEST ATLANTIC AVENUE AND MILITARY TRAIL, AND
ON THE SOUTH SIDE OF WEST ATLANTIC AVENUE,
BETWEEN WHATLEY ROAD AND BARWICK ROAD;
REDEFINING THE BOUNDARIES OF SAID CITY TO
INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS
AND OBLIGATIONS OF SAID LAND; PROVIDING FOR
THE ZONING THEREOF TO GC (GENERAL COMMERCIAL)
DISTRICT, IN PART, POC (PLANNED OFFICE
CENTER) DISTRICT, IN PART, AND ACT (AGRICUL-
TURAL COMMERCIAL TRANSITIONAL) DISTRICT, IN
PART; PROVIDING A GENERAL REPEALER CLAUSE;
PROVIDING A SAVING CLAUSE; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Neil E. MacMillan and Nellie M. MacMillan, as
tenants in common, are the fee simple owners of the East Half (E
1/2) of the Northwest Quarter (NW l/4) of the Southeast Quarter
(SE l/4) of the Southwest Quarter (SW l/4) of Section l3, Town-
ship 46 South, Range 42 East, Palm Beach County, Florida; Consol-
idated Capital is the fee simple owner of the West Half (W l/2)
of the Northwest Quarter (NW 1/4) of the Southeast Quarter (SE
1/4) of the Southwest Quarter (SW l/4) of Section 13, Township 46
South, Range 42 East, Palm Beach County, Florida; Danilo
Giamberini, a married man, is the fee simple owner of Lots 8 and
9, Country Club Acres, according to the Plat thereof as recorded
in Plat Book 24 at Page lO of the Public Records of Palm Beach
County, Florida; New Rochelle Plaza is the fee simple owner of
the East 100 feet of the West Quarter (W 1/4) of the Northeast
Quarter (NE 1/4) of the Southwest Quarter (SW 1/4), less the
North 753 feet thereof, of Section l3, Township 46 South, Range
42 East, Palm Beach County, Florida; Delray Office Plaza Associ-
ates is the fee simple owner of the West 230 feet of the North
448.67 feet (less the North 60 feet canal right-of-way) of the
Northeast Quarter (NE 1/4) of the Southwest Quarter (SW 1/4) of
Section l3, Township 46 South, Range 42 East, Palm Beach County,
Florida; Provestco Inc. is the fee simple owner of the West 230
feet of the South 875.06 feet of the Northeast Quarter (NE l/4)
of the Southwest Quarter (SW 1/4) of Section 13, Township 46
South, Range 42 East, Palm Beach County, Florida; Jafto Manage-
ment Co. is the fee simple owner of the Northwest Quarter (NW
1/4) of the Southwest Quarter (SW l/4), less the West 340.32 feet
of the North 348.78 feet of the South 6l2.79 feet, the West
204.23 feet of the East 897.26 feet of the South 217.00 feet, the
Easterly 201.00 feet of the South 230.00 feet lying north of
State Road 806, and Parcels in OR242 P108, OR2203 P97, OR3675
P1667, and OR374l P179, of Section 13, Township 46 South, Range
42 East, Palm Beach County, Florida; First Alliance Church of the
Christian and Missionary Alliance of Delray Beach, Inc. is the
fee simple owner the West 340. 32 feet of the North 348.78 feet
of the Southwest Quarter (SW 1/4), less the North l73.74 feet of
the West 200 feet, Military Trail right-of-way, and additional
road right-of-way in OR3220 Pl010, of Section 13, Township 46
South, Range 42 East, Palm Beach County, Florida; Marriott Family
Restaurants, Inc. is the fee simple owner of a rectangular shaped
parcel in the Southeast Quarter (SE 1/4) of the Southeast Quarter
(SE 1/4) of the Northwest Quarter (NW 1/4) of the Southwest
Quarter (SW 1/4) as in OR3761 P725, of Section 13, Township 46
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South, Range 42 East, Palm Beach County, Florida; Jafto Manage-
ment Co. is the fee simple owner of the Easterly 201 feet of the
South 230 feet of that part of the Northwest Quarter (NW l/4) of
the Southwest Quarter (SW 1/4) lying North of State Road 806
(less OR3761 P725) of Section l3, Township 46 South, Range 42
East, Palm Beach County, Florida; Hess Realty Corp. is the fee
simple owner of the North 173.74 feet of the West 200 feet of the
North Half (N l/2) of the Southwest Quarter (SW 1/4) of the
Northwest Quarter (NW 1/4) of the Southwest Quarter (SW 1/4)
(less westerly 4l.02 feet road right-of-way as in 0R2825 P34) of
Section 13, Township 46 South, Range 42 East, Palm Beach County,
Florida; First Federal Savings and Loan Association is the fee
simple owner of the West 448.2 feet of the South 241 feet of the
Northwest Quarter (NW 1/4) of the Southwest Quarter (SW 1/4) as
in 0R242 P108 and OR2203 P97 (less State Road 809 and 806
rights-of-way) of Section 13, Township 46 South, Range 42 East,
Palm Beach County, Florida; Atlantic National Bank of Florida is
the fee simple owner of the West 204.23 feet of the East 897.26
feet of the South 217 feet of the Northwest Quarter (NW 1/4) of
the Southwest Quarter (SW 1/4) lying north of State Road 806
(known as Tract Marked Reserved), of Section 13, Township 46
South, Range 42 East, Palm Beach County, Florida; and Delray
Square Shopping Center Associates is the fee simple owner of an
irregular shaped parcel in the Northwest Quarter (NW l/4) of the
Southwest Quarter (SW 1/4) as in OR4892 P324 (less the Westerly
78 feet State Road 809 road right-of-way) of Section 13, Township
46 South, Range 42 East, Palm Beach County, Florida; and,
WHEREAS, the fee simple owners as hereinabove named
have requested by their petitions to have the property hereinaf-
ter described annexed into the municipal limits of the City of
Delray Beach; and,
WHEREAS, the subject property hereinafter described is
now contiguous to the corporate limits of the City of Delray
Beach, thus making said petitions for annexation effective at
this time; and,
WHEREAS, the designation of a zoning classification is
part of the annexation proceeding, and provisions of City Code
Section 173.886 have been followed in establishing the proposed
zoning designation; and,
WHEREAS, the City of Delray Beach has heretofore been
authorized to annex lands in accordance with Section 171.044 of
the Florida Statutes,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of
Delray Beach, Palm Beach County, Florida, hereby annexes to said
City the following described lands located in Palm Beach County,
Florida, which lies contiguous to said City to-wit:
PARCEL "A"
The Northwest Quarter (NW 1/4) of the South-
west Quarter (SW 1/4) (LESS an irregular
shaped parcel in OR4826 P1459 and less the
Westerly 78.04 feet State Road 809
right-of-way) of Section l3, Township 46
South, Range 42 East, Palm Beach County,
Florida; together with,
- 2 -
Ord. No. 66-89
Lots 8 and 9, COUNTRY CLUB ACRES, according
to the Plat thereof as recorded in Plat Book
24 at Page lO of the Public Records of Palm
Beach County, Florida.
PARCEL "B"
The West 230 feet of the Northeast Quarter
(NE l/4) of the Southwest Quarter (SW 1/4) of
Section 13, Township 46 South, Range 42 East,
Palm Beach County, Florida; together with,
The East lOO feet of the West Quarter (W l/4)
of the Northeast Quarter (NE l/4) of the
Southwest Quarter (SW l/4), less the North
753 feet, of Section 13, Township 46 South,
Range 42 East, Palm Beach County, Florida;
together with,
All of the Plat and abandoned roads within
REGINA PARK (less the West 95 feet of the
North 34 feet of Lot 23, all of Lots 25 and
26 and the North 27 feet State Road 806
right-of-way), according to the Plat thereof
as recorded in Plat Book l3 at Page 79 of the
Public Records of Palm Beach County, Florida;
together with,
The West Half (W 1/2) of the Northwest
Quarter (NW l/4) of the Southeast Quarter (SE
1/4) of the Southwest Quarter (SW 1/4) (LESS
the West 15 feet and North 47 feet road
right-of-way) of Section 13, Township 46
South, Range 42 East, Palm Beach County,
Florida.
PARCEL "C"
The West 95 feet of the North 34 feet of Lot
23 and Lots 25 and 26 (less the North 27 feet
State Road 806 right-of-way), REGINA PARK,
according to the Plat thereof as recorded in
Plat Book 13 at Page 79 of the Public Records
of Palm Beach County, Florida.
Section 2. That the boundaries of the City of Delray
Beach, Florida, are hereby redefined to include therein the
above-described tracts of land and said lands are hereby declared
to be within the corporate limits of the City of Delray Beach,
Florida.
Section 3. That Section 173.886 of the Zoning Code has
been followed in the establishment of a zoning classification in
this ordinance and the tract of land hereinabove described as
Parcel "A" is hereby declared to be in Zoning District GC (Gener-
al Commercial) as defined by existing ordinances of the City of
Delray Beach, Florida.
Section 4. That Section 173.886 of the Zoning Code has
been followed in the establishment of a zoning classification in
this ordinance and the tract of land hereinabove described as
Parcel "B" is hereby declared to be in Zoning District POC
(Planned Office Center) as defined by existing ordinances of the
City of Delray Beach, Florida.
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Ord. No. 66-89
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Section 5. That Section l73.886 of the Zoning Code has
been followed in the establishment of a zoning classification in
this ordinance and the tract of land hereinabove described as
Parcel "C" is hereby declared to be in Zoning District ACT
(Agricultural Commercial Transitional) as defined by existing
ordinances of the City of Delray Beach, Florida.
Section 6. That the land hereinabove described shall
immediately become subject to all of the franchises, privileges,
immunities, debts, obligations, liabilities, ordinances and laws
to which lands in the City of Delray Beach are now or may be
subjected and persons residing thereon shall be deemed citizens
of the City of Delray Beach.
Section 7. That this annexation of the subject proper-
ty, including adjacent roads, alleys, or the like, if any, shall
not be deemed acceptance by the City of any maintenance responsi-
bility for such roads, alleys, or the like, unless otherwise
specifically initiated by the City pursuant to current require-
ments and conditions.
Section 8. That all ordinances or parts of ordinances
in conflict herewith be, and the same are hereby repealed.
Section 9. That should any section or provision of
this ordinance or any portion thereof, any paragraph, sentence,
or word be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the
remainder hereof as a whole or part thereof other than the part
declared to be invalid.
Section 10. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED
final reading on this the
in regular
day of
session on
second and
, 1989.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
- 4 -
Ord. No. 66-89
II
Section 2. That the boundaries of the City of Delray
Beach, Florida, are hereby redefined to include therein the
above-described tract of land and said land is hereby declared to
be within the corporate limits of the City of Delray Beach,
Florida.
Section 3. That Section l73.886 of the Zoning Code has
been followed in the establishment of a zoning classification in
this ordinance and the tract of land hereinabove described is
hereby declared to be in Zoning District GC (General Commercial)
as defined by existing ordinances of the City of Delray Beach,
Florida.
Section 4. That the land hereinabove described shall
immediately become subject to all of the franchises, privileges,
immunities, debts, obligations, liabilities, ordinances and laws
to which lands in the City of Delray Beach are now or may be
subjected and persons residing thereon shall be deemed citizens
of the City of Delray Beach.
Section 5. That this annexation of the subject proper-
ty, including adjacent roads, alleys, or the like, if any, shall
not be deemed acceptance by the City of any maintenance responsi-
bili ty for such roads, alleys, or the like, unless otherwise
specifically initiated by the City pursuant to current require-
ments and conditions.
Section 6. That all ordinances or parts of ordinances
in conflict herewith be, and the same are hereby repealed.
. Section 7. That should any section or provision of
this ordinance or any portion thereof, any paragraph, sentence,
or word be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the
remainder hereof as a whole or part thereof other than the part
declared to be invalid.
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Section 8. That this ordinance shall become effective
ori December 1, 1989.
PASSED AND ADOPTED
final reading on this the
in regular
day of
session on
second and
, 1989.
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
- 2 -
Ord. No. 67-89
C I T Y
COM MIS S ION
DOC U MEN TAT ION
TO:
ROBERT A. BARCINStj, ASSISTANT CITY MANAGER
~ /? _~a ---...
FRANK R. SPENCE, DIRECTOR
(\~Ek: GROU'
~ J. KOVACS, DIR~
DEPARTMENT OF PLANNING AND ZONING
V1A:
FROM:
SUBJECT: MEETING OF SEPTEMBER 26, 1989
CONSIDERATION ON FIRST READING OF WEST ATLANTIC
ANNEXATION #l
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is
approval on first reading of the enacting ordinance
annexation. Second reading and public hearing will
on October 24, 1989.
that of
for this
be held
BACKGROUND:
This annexation involves 56 acres of land and 16 parcels of
mostly developed property. Fifteen of the parcels are being
annexed pursuant to terms of previously executed water service
agreements. One parcel has joined the project through a
vOluntary, no fee, application.
The entire area is 'served or adjacent to municipal water and
sewer systems. No public improvements are necessary. Additional
demands will be placed upon EMS and law enforcement services.
There are no residences involved in this annexation. Based upon
the 1988 assessed value roles, these properties will add $l42,741
to next year's property tax revenue.
For the most part, the proposed zoning corresponds to eXisting
land use plans and existing land use; however some property will
becom~ nonconforming and some property will be down-zoned in
order to conform with the proposed Future Land Use Map (and
current land use map).
Since the Pharmore Store is currently under construction, an
effective date of December l, 1989, is recommended; thus avoiding
problems with respect to completion of inspections on the shell
building and major tenant.
Please see the P&Z Staff Report for full background and analysis
of the item.
PLANNING AND ZONING BOARD CONSIDERATION:
At it's meeting of September 18, 1989, the Planning and Zoning
Board unanimously recommended approval of the proposed annexation
and initial zonings. There was no public comment.
RECOMMENDED ACTION:
By motion, based upon the findings of the Planning and Zoning
Board, approve the enacting ordinance on first reading and set a
public hearing date of October 24, 1989, for second reading.
Attachments:
face sheet of P&Z staff report ,,~
map with proposed zonings of the annexation area ~ --tIC;:)
\
PLANNING & ZONING
CITY OF OELRAY
BOARD
BEACH
STAFF REPORT
MEETING ~TE: September 18, 1989
AGEtQ:I ITEM:
III-C
ITEM: Annexation for Properties Located on West Atlantic Avenue
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[ITV DF DELIA' BEA[H
100 N.W, 1st AVENUE
DELRAY BEACH, FLORIDA 33444
407/243-7000
h' ~ /'
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PROCL-B1A ]'J()J'
WHEREAS, the Charter of the City of Delray Beach,
Florida, provides for the calling: of a Special Election for the
purpose of holding a Referendum Election; and,
WHEREAS, the Legislature of the State of Florida
adopted Chapter 89-477, Laws of Florida, IHB 850) permitting
the addition of property eastward of the Intracoastal Waterway
northward of current Downtown Development Authority area to
include those properties lying South of N.E. 2nd Street, west
of N.E. 7th Avenue and east of N.B. 2nd Avenue, southward of
current Downtown Development 1>.uthority area to include those
properties lying North of S.E. 2nd Street, east of S.E. lst
Avenue, and west of S.E. 7th Avenue to be added to the jl~is-
diction boundaries of the Delray Beach Downtown Development
Authority upon fulfillment of certain conditions, one of which
is the holding of a referendum election in regard to such
question; and,
WHEREAS, Chapter 89-477, Laws of Florida, (HB 850)
requires that voting in the referendum election shall be by
separate vote of the qualified electors in the current and
proposed areas of the Delray Beach Downtown Development
Authority,
NOW, THEREFORE, I , DOAK S. CAMPBELL, Mayor of the
City of Delray Beach, Florida, do hereby call a Special
Election for such purposes to be held on Tuesday, October l7,
1989, between the hours of 7:00 A.M. and 7:00 P.M., the Pre-
cincts and Polling Places in the City of Delray Beach, Florida,
as designated by the Supervisor of Elections for Palm Beach
County, Florida, being as follows:
ALL ELIGIBLE VOTERS IN PRECINCTS l75 AND l89 WILL VOTE AT
THE FOLLOWING LOCATION:
Polling Place
Adult Recreation Center, 80l N.E. lst Street.
All qualified electors who shall be permitted to vote
in this election are those within the current geographic area
of the Delray Beach Downtown Development Authority and the
geographic area proposed to be added to the Delray Beach
Downtown Development Authority as indicated in Chapter 89-477,
Laws of Florida (HB 850).
Dated at Delray
September, 1989.
Beach, Florida, on this _~6th day of
oo~~~~~r, Mayor
RESOLUTION NO. 56-89
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, ORDERING AND PROVIDING FOR A REFERENDUM
ELECTION TO BE HELD ON OCTOBER 17, 1989, CONCERNING
WHETHER AMENDMENTS SHOULD BE MADE TO THE DELRAY BEACH
DOWNTOWN DEVELOPMENT AUTHORITY ACT (CHAPTER 71-604, LAWS
OF FLORIDA AS AMENDED).
WHEREAS, Section 5.07 of the Charter of the City of Delray
Beach and Section 34.03 of the Code of Ordinances of the City of Delray
Beach sets forth procedures for the calling of special elections; and,
WHEREAS, this resolution shall serve as notice of such special
election,
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WHEREAS, Chapter 89-477, Laws of Florida, authorized certain
amendment to be made to the legislation pertaining to the Downtown
Development Authority; and,
WHEREAS, the provisions of Chapter 89-477, Laws of Florida
requires as a condition precedent to the effectiveness of the amendment
that a referendum election be held,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That a referendum election is hereby ordered to be
held in the City of Delray Beach, Florida, on October 17, 1989 to
determine whether the amendment to the Delray Beach Downtown Development
Authority Act (Chapter 71-604 Laws of Florida, as amended) should be
adopted as set forth in Chapter 89-477, Laws of Florida (HB 850), which
is attached hereto and expressly made a part hereof.
Section 2. That the polling location be as determined by the
Supervisor of Elections for Palm Beach County, Florida, and all
qualified electors of the City who vote in said election shall vote at
said designated polling place. The polls shall be open on the date of
said referendum election from seven o'clock A.M. until seven o'clock
P.M. on the same day. Only the duly qualified electors within the
boundaries of the current and proposed De1ray Beach Downtown Development
Authority area will be permitted to vote in said referendum election.
Section 3. That the City Clerk of the City shall prepare and
give notice of the referendum election above required by causing a copy
of this resolution, with an appropriate caption, to be published at
least twice, once in the fifth week and once in the third week prior to
the date of said referendum election in the Delray Beach News, the first
publication to be not less than thirty (30) days prior to the date of
said referendum election. The City Clerk shall also cause, pursuant to
Section 34.03 of the Code of Ordinances of the City of Delray Beach,
Florida, a notice of the referendum election to be published in the
Delray Beach News, two times, once each week prior to the week of the
special election. The City Clerk shall secure from the publisher of
said newspaper an appropriate affidavit of proof that said resolution
has been du~y published as herein set forth, and said affidavits shall
be made a part of the record of the City Commission.
Section 4. That the vote at said referendum election shall be
by use of voting machine, the type which has been used in recent City
elections, and in the polling place shall have at least one voting
machine.
Section 5. The question to be submitted to the electors at
said election shall be substantially as follows:
,
I
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An Amendment to the "De1ray Beach Downtown Development
Authority Act" (Chapter 71-604, Laws of Florida (HB 1250), as
further amended) which shall expand the area lying within and
under the jurisdiction of the Delray Beach Downtown Development
Authority to include properties eastward of the Intracoastal
Waterway, northward of the current Downtown Development
Authority area to include those properties lying South of N.E.
2nd Street, West of N. E. 7th Avenue and East of N. E. 2nd
Avenue, southward of the current Downtown Development Authority
area to include those properties lying North of S.E. 2nd
Street, East of S.E. 1st Avenue and ~lest of S.E. 7th Avenue,
said geographic boundaries being as more particularly described
in Chapter 89-477, Laws of Florida (HB 850).
II
SHALL THE ABOVE-DESCRIBED AMENDMENT TO THE "DELRAY BEACH
DOWNTOWN DEVELOPMENT AUTHORITY ACT" BE ADOPTED?
FOR APPROVAL
AGAINST APPROVAL
Section 6. That the returns of the referendum shall be
canvassed and certified in the manner provided by law.
Section 7. That the Supervisor of Elections for Palm Beach
County, Florida, is hereby authorized and requested to make up and
certify a list of names of all qualified electors within the boundaries
of the current and proposed De1ray Beach Downtown Development Authority
area. A certified copy of such list shall be furnished to the
Inspectors and Clerk of the election at the polling places where the
votes are to be cast in said election, and a certified copy of such list
shall be filed among the records of this City.
Section 8.
held and conducted
State of Florida.
That said election shall in all other respects be
in the manner provided in and by the laws of the
Section 9. That this resolution shall take effect in the
manner provided by law.
PASSED AND ADOPTED in regular session on this the 26th day of
September, 1989.
MAY 0 R
ATTEST:
City Clerk
- 2 -
Res. No. 56-89
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CHAPTER 89 - 411
208-11'-'-'
A bLll to bl Int1tll~
An acc rlllcin; Co chi Ollray Ilach Cowntcwn
OI.eloP3lnt Authority, Palm leach countYI
a.endint chaptlr 71-604, Law. of !loridl, ..
amend.d, I.p.ndln; Chi downtown dlv.1opment
authority .rl. dl.cription to includl
propartlea aaetw.rd of the Incraco.acal
WaCerval, northward of ourrent downtown
dlvelopmant authoricy area to includ. those
propertLea lyin9 IQuth 01 N.W. 2nd icr.ec, ~aat
01 .... 7th A.enua .nd W..t of N.E. 2nd AVlnue,
aouthwar4 of tha currane Downtown Clvalopman.
Authorlty are. to includa thoae propartL..
lyin9 .orth 01 I.E. 2n4 Itr.at, ~alt of I.E.
lot Avanue, and "at 01 I.E. 7th Avanue, all
auoh proplrtiaa lyln9 wlChin the municipIl
boundariaa ot tha CltY'Ol Oalray I.ach,
~ provid!h9 tor a rl'arandijM.
15
11
17
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20 la It Enactad by tha Latialatura 01 tho Stata 01 'lorida.
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22
laction. 1. Sactlon 3 01 chapter 71-604, Law. of
23 'lorida, ae ...ndad, ia a.endad to reld.
24
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lection 3. CONN!OWN AREA DESCRIPTION - Thl Downtown
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Commencin9 at a point on tho interaaocicn of
the hi;h water mark of tha Atlanclc Ocean and
tha .a..etly projlctlon 01 the North line of
Lot 13, P.1m aeach Shore Acrl. ,a. 1n Pllt aOOK
7, pl;e 38l, thlnel In I wa.tarly direction
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alon, lai4 East.rly prOj.Ctlon to en. W.lt
rl,ht-ot-way lln. ot An4rlwI Av.n~e: eh.nc.
Southerly to tn. ~ascerly proj.ction of thO
.in. 135' north of th. louth 11n. of Ilock 154,
Town of ~.lray (torm.rly Linton). thene.
W..e.rly Ilon9 e.i4 projection a 41..anoo of
170.0" to a point' th.noe No.th.rly eo th.
lo~eh 11n. of Lot 4 ot BLOCk 154: eh.ne.
w..t.rly .lon, laid .o~eh lin. eo th. .a.e ,l.t
limie ot S..br.... Pa.k .~bdlvi.ion (a. In 'lat
lOOk 4, ,.,. 31), thence noreh .10n, ..14 .alt
'l.e limit to th. loueh.alt cornor ot Lot 21,
S.abre... '.rk, thenc. w..elrly .lon, th. .outh
11n. of Lot 21 and w..t.rly proj.ctlon eh.r.ol
to eh. W.lt plat limit ot S..br.... 'ark,
thIne. .o~th.rly alon, laid w.lt plat I1mle eo
th. lo~eh..'t oorner ot Lot 29, Lowry .ark
----...
Eltate~ ('lat look 24, ..,1 155): th.nol In a
Northwl.t.rly dirlction to thl .o~thwe't corn.r
of l.i4 Lot 291 th.no. contln~in, alon, ,.id
11n. to the Int.rl.otlon ot .ald lin. with th.
Ne.t ri,ht-ot-way I1no ot EA.t Road (Lowry 'ark
E.t.t.l, look 24, p.,. 155, ot tho '~bl1c
.
R.cordl of '.lm B..ch Co~nty, Flor14.), thence
southW..t.fly .10n, ..1d we.t ri,ht-of-w.y line
to the lnt.r..otlen ot ..i4 curv. with th. W..t
11n. ot l.i4 rlght-ot-w.y; th.nce So~thward
.lon, ..1d W..t rLght-ot-way I1n. .nd It.
projectLon SOuthward to i.1 Lnt.r..ction with
thl North right-of-way 11n. of E..t Atlantlc
Aven~.: th.nc. westerly alon, sa14 right-of-way
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AUG 2~ ';39 16:44 .~i~4,'877-10C0,:rlRSCtCl....Ird~,PH FL)
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line 01 ealt Atlantlc AVlnue '0 til.l wel' rli1ht-
Ol-way 11ne of the IntrlCOlltal waterway, al
now conatruetld and in USI, thlnce Northerly
Ilona the Wel' rli1h.-ol-way 11nl 01 the
Intrlcoaltal Waterway to a polnt, aald polnt
beln9 thl Ealtlrly projlctlon 01 til.l North 11ne
01 Ilook 132 (Town of 011 ray ,'or.lrly ~lntonl
a. In .llt Book l, paae 25)1 thlnCI Wllt.rly
Ilona thl Ilaterly projlotlon 01 til.l NOrth I1n.
01 .ald Ilock 132 Ind contlnuln, ln a W..t.rly
dlreotlon Ilona the North lln.. of l1oak. 124,
(aa ln 'la. lOOk la, p",e !ll) to the north...t
oornlr 01 ~ot 12, Block 115 (a. ln .11t look 1,
Plill 3)1 th.nel wI.'"rly 110n, the north lot
l1n. of .ald ~ot 12 to thl north"e't oorn.r 0'
~ot 12, thlncl northerly to the .outh"..t
oorn.r of ~ot 20, IIOCk 115 ,a. ln Pllt 800k 1.
__......p.,. 31 r.. thlnol northlrly alon, the ....t lot
llnl, Ind northlrly projlotlon thlrlof, of a81d
Lot 20 to the aouth rl,ht-Of-,,"y 11n. 0' N.I.
2nd Str.lt, thlnc. wI.tlrly alon, the ,outh
rl,ht-of-way lln. of N.I. 2nd 'tr..t to the
north....t oornlr of ~ot " 8loCk 83 (a. ln .11t
look 1, pliI. 311 thlnc. ,outh.rly 810n9 the
"".t lot 11n. .nd aoutherly proj.ctlon th.reof,
of Lot !I to thl aouth....t eorn.r of Lot 14,
110Ck 83, thine I wI'tlrly to til.l north.a.t
cornlr of Lot 7, Block 83/ thlnc. w..t 810na
thl north lot llnl 01 ~ot 7, 110ck 83 to til.l
la.t rlaht-of-wlY llne of N.I. 2nd Av.nuII
thIne. .outhlrly Ilona the 1.lt rlane-ot-way
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Hn. ot N.E. 2nd Av.nu. to the .oueh .ight-ot-
way line of N.E. lae se.aat, th.no. waaterly
along the aouth .ight-ot-way line of N.I. lat
St..et to its point of lntaraection with the
Ee.t line ot Swinton Aven~e a. now laid out and
in u.e, th.nca Southe.ly along the E.at 11n. of
Swinton Avenu. to a point where it lnt.ra.cte
with ehe Southw.at corn.r of tOt S, 110ck S'
(aa in Pl.t lOOk 1, pat. 3), eh.nOe la.t.rly
elong the SOuth line ot a.ld tOt Sand Lota 5,
4, 3, 2. 1 to eh. w..t right-of-w.y line ot
S.E. lat Av.nu., th.nce South.:ly along the
w..t ri,he-ot-w.y ot '.E. lae Avanu. eo a point
of lne.ra.ction wieh eh. noreh ri9ht-ot-..y
11ne ot '.E. lat 8ere.t, thence ea.terly alon,
the north r19ht-ot-.ay lin. ot S.I. lat 8tre.t
~ to the .~outheaat corn.r ot Lot 12, 1100k 77 (a.
in .1at look 1, pat. 3), ehence .outh.rly .10n9
the ea.t lot line ot .aid Lot 1 .nd Loti 2, 3,
4, 5, S, 1, and 8 eo the ,north r19ht-ot-way
line of .... 2nd 8tr..t, th.nc. ea.t.rly along
the north ri,ht-of-way lina of .... 2nd Str..t
to the _outh...t co.n.r of tOt 13, Bl00k 118
la. in Plat 800k 2, pa,. 8)/ thence north.rly
along the ...t lot lin., and northerly
proj.ction th...ot, ot aaid tot 13 to the
.outh...t corn.. ot tot 14, BLOCk 117 (aa in
Plat BOOk 1, p.,. 3), th.no. north.rly along
the ...t lot lina, and northerly ,roj.oticn
th..tot of .eid tot 14 to a point of
int....ctlon with the we.terly projection of
1.64
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tfte nortft lot line ot tot 18, Ilock 117, ehence
easterly alon9 .ai~ weeterly projeotion co ehe
ncrehw..t corn.r ot .aid Lot 18. thence
eaeterly along the north lot line, .nd e.eterly
projection thereat, at .ai~ Lot 18 to the eaat
right-at-way line at S.Z. 7th Avenue, thence
eouthe.ly .long the e.lt .ight-ot-w.y lint ot
1.1. 7tft Avenue to the aouthw.et oorn.. 01 Lot
10, .alm .qu.re, an unr.oorded plat, thence
e.ate.ly a10n9 the aouth lot 1in.s ot Loti 10,
45, 57, and 12 01 .alm Ique.e l.n un.ecorded
plat located in alockl 1:15 and the no.th h.lt
at B100k 133, a. in .lat look 1, pa,e J) to
point at inte'88ctlon with the leet r19ht-c'-
wey line 01 the %ntreooaetel Waterway, thenOe
Soutllerly aloll9 tile lalt ri,llt-ot-Wly l1ne ot
~tfte Intr~ooaete1 Wete.wey to tile loutllweet
oorner at alock 141 (ee in .lat look 1, pa,e
21), the no. laete.ly a10n, the louth 11n. 01
.aid Block 141 to tile louthweet corner 01 LOt A
laa In the Jolin a. aeld'l Vl111,e lubdlvillon,
in .l.t Book 21, pI,e 'I), then to a polnt on
the lout~eet corner ot lald LOt AI ellenoe in I
Northerly directl0n a10n; the W.et line 01 Lot
7 to tile North.elt corner 01 la1d Lot 71 thence
"Iterly elon; the North line ot Lot 7, thence
loutllerly slon; the Zalt 11ne ot LOe 7 cO tile
Southe.lt corner 01 Lot 7 (.11 ccnt.ined in ehe
John B. Reid'l Vill.ge Subdivision, in .llt
Book 21, p.gs 95)1 ehence E.aterly to the
Southwelt corner ct Lot 8/ thenoe E.sterly
Las
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1. 72
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1. 74
1. 75
1.75
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CODING, Worda etrteken are deletion./ warde underlined are edditionl.
AUG 24 '99 16:46 904,877-1000 CARSON&LWN,pq FL'
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alon; tha South llna oe ~ot I to tha louthaaet
cornaroe ~ot ., thance ln a Northlrly
direction along the Zalt 11nl oe Lot. e, 7, S,
and S to thl Northla.t cornar oe aa14 tot 5
(bain; in Ilock 4, Ocean .ark lubdlvillon, a.
ln .l.t Book 8, p.g, 1'), thanel E.ltarly to
tha SOuthwa.t corner oe Lot 7, Ilook 3, thanea
E..early .long the South lln. of lald tot 7 to
the louthe.et cornar of toe 7/ thanca Northerly
along eha zaat llna of Lot 7 to the Northaaet
cornar of Lot 7 and tha Northwalt corner of Lot
24. Ilock ] (In ..id Oce.n '.rk IUbdlwlalon,
Ilock 3), thanoa Ealearly .long tha North llna
of Lot 24 (In Block 3 of Oclan '.rk
'ubdlvlalon) to the Northe.le oorner of I.ld
Lot 24, thlnoe Ba.terly to the NorChw..C oornlr
of Lot 7 1.1 ln Oca.n 'ark 'ubdlwlllon, Ilock
~ 21' Chlnce ln .n "at.rly dlrectlon along the
north l1nl of LotI 7 and 24 (in Ilock 2 of
Ocaan Park 'ub41wiaionl to the norChlaae corner
of aaid LOt 241 th.nc. Ealtlrly along thl North
line of tOCI 16 and 2 of Ilock 1 in the OCI.n
'Irk lubdlwlalon to a polnt .t thl NorChlaet
.
cornar of Lot 2, Ilook 1, Chine. Ealclrly along
.n extanalon of Cha North 11na of Lot 2, Bleck
1, Oca.n 'ark Subdlwlon to tha hlgh watar mark
of the Atlantlc Oca.n, thancI Northlrly .10ng
aald hl;h watlr mark 11nl' to thl Point of
.aglnnlngl .11 '1 ln the publlc .aeords of .alm
laach Couney, ,lorlda.
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RUG 24 '89 16'46 904/877-1000 CARSON&LINN,RR
,.
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201-131-3-'
1 ..eelon 2. This .ct, awcapt for thl. ..ctLo" whlch
2 .hall tak. .::.ct ~pon bacomlng . llW, .h.ll tlka attact only
J upon approval by I majorlty vote ot tha al.ctor. ot th. ara.
4 d..crlb.d ln S.etlon 1 above vctlng ln . ra:erendum al.ctlon
5 whleh .hall bl cal1ld .nd h.ld by eha Clty of ollrlyal.ch on
S b.h.lf of thl O.lray a.ach Downtown oavalopmant A~ehorlty ln
7 thl Clty ot Dl1r.y a..ch .t a .p.cl.1 .l.celon occurrlng .t
. 1...t sa day. a'tlr thl. .ct bacoma. . law. Any .l.ctor 0:
, thl coucty who r..14.. ln the pra..nt O.lr.y I..ch Downtown
10 De911~.nt Authorlty .r.. or the .... propo..4 co b. .ddld to
11 .ueh .r.. 1. .1191b1. to vote ln .~ch r.f.r.ndum .1.otlon.
12 Th.r. .ball bl at l.a.t 20 d.y.' notlc. 0' th. .lactlon a.
13 provld.4 by.. 100.242, Florld. St.tut...
14
15
18
17
11
11
20
21
22
23
24
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30
31
LAW WIO SIGNAT~~1
IllATil 7- ,.ft
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2.21
EITY DF DELIA' BEAEH
rd
,~~,..
,~7
CITY AnORNEY'S OFFICE
310 S,E, ISI STREET, SUITE 4 DELRAY BEACH, FLORIDA 33483
407/243-7090 TELECOPIER 407/2784755
MEMORANDUM
Date: September 20, 1989
To: City Commission
Malcolm Bird, Interim City Manager
From: Susan A. Ruby, Assistant City Attorney
Subject: DDA Election
It has come to our attention that the title (caption) to the
special act passed by the State Legislature permit.t.ing a
referendum election for the purpose of expanding the current
Downtown Development Authority boundari.es, contained clerical.
errors.
The proclamation and resolution passed by the City commission
contained lan~~age as set forth in the special act title, which
contained the clerical errors. However, the eligible voters
had previously been sent a correct copy of the map outlining
the boundaries.
Our office is bringing this matter to the attention of the City
Commission for direction as to which of the alternatives
referred to herein, the City Commission desires to take ,to
correct the situation.
The City Commission could declare the clerical errors to be of
minor import and reread the corrected proclamation at the
September 26, 1989 meeting. The body of the resolution could
be corrected administratively so that further publications, as
well as the ballot question would reflect the necessary correc-
tions. If this is the di.rection of the City Commission desires
to take, then the election could proceed on October l7, 1989.
Or, if the City Commission should decide to take an extremely
cautious course, then the proclamation and t,he corrected
resolution would need to be readopted and readvertised. This
alternative would necessitate a postponement of the election.
To meet City Code and statutory notice requirements, the
election could not occur at the earliest until October 3l,
1989. This alternative would require the reading of the
proclamation and resolution on September 26, 1989, with said
I
.
,
JS" , :;. i, ;) 7
.
City Commission
Malcolm Bird, Interim City Manager
septamher 20, 1989
Page 2
resolution to be published on September 29, 1989 and OctobE>.r
13, 19B9, and the Proclamation to be published on October l6,
1989 and October 23, 1989.
Attached hereto is a corrected proclamation and Resolution for
your consideration should you desire to proceed with the second
~ative.
M~~Y
Attachments
GG William Finley, Director Downtown Development Authority
Elizabeth Arnau, City Clerk
l
.
(
MUDGE ROSE GUTHRIE ALEXANDER 0. FERDON
515 NORTH FLAGLER DRIVE
212111II ST"I:IET. N,'~
W....S...'NOTO.... D.C. 20037
202-..19-..3.11
laD "'''IOEN LJIoNIt
NEW VOAIt. HIEW '1'0"'1( 1003.
2141-510-7000
SUITE 900. NORTHBRIOGE CENTRE
407-650-8100
SUITI[ 20.10
333 !lOUT" GIU.ND ,It,Vl[fIIUI[
LOS "NOII:I..1[5. CAL.... 9007 I
213,813.1112
.25 ~...t1U( AVENUE
NIEW YOAK. NEW "0"'" 1002.
21.-........00
WEST PALM BEACH. FLORIDA 33401
12. AUI[ or. L.A PAIl(
75002. ....lilliS, "1ll.."'CE
TEI..ECOPIER: 40'-833-1722
TELEX: wu 51...4'
'II "2. 81. 57. "
September 21,
1989
TO ALL PERSONS NAMED ON THE ATTACHED DISTRIBUTION LIST:
$21,492,000
City of Delray Beach, Florida
General Obligation Bonds
(Multiple Projects)
Enclosed herewith please find a revised draft of the
resolution calling for a bond referendum in connection with the
above-referenced Bonds, b1ack1ined to reflect comments I have
received. Unless instructed otherwise, it is this version that
the Commission will consider for adoption on Tuesday.
If anyone should have any questions or
regarding the enclosed, please do not hesitate to call.
comments
" Very truly yours,
';
,'~ki...._ < i'"'---''-'
! --stephen D. Sanford
/
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SDS/emi
Encs.
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$21,492,000
CITY OF DELRAY BEACH, FLORIDA
General Obligation Bonds
(Multiple projects)
DISTRIBUTION LIST
The Honorable Doak S. Campbell
Mayor of the City of De1ray Beach
100 N.W. 1st Avenue
Delray Beach, Florida 33444
(407) 243-7000
William Andrews, Commissioner
City of De1ray Beach
201 S.E. 5th Avenue
De1ray Beach, Florida 33444
Patricia Brainerd, Commissioner
City of De1ray Beach
2665 Jaeger Drive
De1ray Beach, Florida 33444
Mary McCarty, Commissioner
City of De1ray Beach
509 Dottere1 Drive, No. 22A
De1ray Beach, Florida 33444
Jimmy Wetherspoon, Commissioner
City of De1ray Beach
130 N.W. 8th Avenue
De1ray Beach, Florida 33444
Mr. Malcolm Byrd
Acting City Manager
City of De1ray Beach
100 N.W. 1st Avenue
De1ray Beach, Florida 33444
(407) 243-7000
Mr. David M. Huddleston
Finance Director
City of De1ray Beach
100 N.W. 1st Avenue
De1ray Beach, Florida 33444
(407) 243-7000
.
i .
t
r
\
~
Herbert A. Thiele, Esq.
City Attorney
City of Delray Beach
310 S.E. 1st Street, Suite 4
De1ray Beach, Florida 33483
(407) 243-7090
Jeff Kurtz, Esq.
Assistant City Attorney
City of Delray Beach
310 S.E. 1st Street, Suite 4
Delray Beach, Florida 33483
(407) 243-7090
Ms. Elizabeth Arnau
City Clerk
City of Delray Beach
100 N.W. 1st Avenue
De1ray Beach, Florida 33444
(407) 243-7000
Walter E. Breen, Esq.
Mudge Rose Guthrie Alexander & Ferdon
180 Maiden Lane
New York, New York 10038
(212) 510-7238
Stephen D. Sanford, Esq.
Mudge Rose Guthrie Alexander & Ferdon
515 North Flagler Drive, Suite 900
West Palm Beach, Florida 33401
(407) 650-8140
.
~
.
RESOLUTION NO. 70-89
~ RESOLUTION OF THE CITY COMMISSION OF THE CITY OF QErnAY
BEACH, FLORIDA, PROVIDING FOR THE ISSUANCE OF GENERAL
OBLIGATION ]!ONDS EOR THE PURPOSE OF FINANCING THE iA)
ACQUISITION, CONSTRUCTION AND RECONSTRUCTION OF CERTAIN
STREET, ~I DEWALK, ALLEY, I RIGHTS OF WAY I, DRAINAGE AND
BEAUTIFICATION PROJECTS IN THE PRINCIPAL AMOUNT QF NOT
EXCEEDING $11,207,000, (B) ACQUISITION, CONSTRUCTION AND
EQUIPPING OF I.MPROVEMENTS TO CERTAIN RECREATIONAL AND CUL-
TURAL FACILITIES IN THE PRINCIPAL AMOUNT OF NOT EXCEEDING
$4,605,000, (C) ACQUISITION, CONSTRUCTION, RECONSTRUCTION
~D EQUIPPING OF CERTAIN FIRE FACILITIES IN THE PRINCIPAL
AMOUNT OF NOT ~CEEDING $5,l80,000, AND THE (D) ACQUISITION
AND CONSTRUCTION OF VARIOUS I URBAN RENEWAL PROJECTS IN THE
PRINCIPAL AMOUNT OF NOT EXCEEDING $500,000; ~ FOR A
]!OND REFERENDUM OF THE QUALIFIED ELECTORS OF THE CITY OF
DELRAY BEACH TO BE HELD QN NovnmER 7, 1989, AS TO WHEl'HER
GENERAL OBLIGATION BONDS FOR SUCH PROJECTS SHOULD BE
I.SSUED; AND PROVIDING AN EFFECTIVE DATE.
1 #8
#11, ]
# (12)
#13, ]
# (l5)
! #16
! #17
# (17)
#18
#19
# (19:
#20
l#2l
! #22
!#23
#24
#25
#(25
#26
~HEREAS, the Constitution, applicable laws of the State of #29
E10rida and the City Charter of Delray Beach (the "City Charter").L ! #30
authorize and empower the City of Delray Beach, Florida (the "City").L ! # (3
to adopt this Resolution; and
#31
~HEREAS, the City commission of the City of De1ray Beach, #32
Florida ithe "city Commission"), has determined that it is in the #33,
best interest of the City to acquire, construct and reconstruct cer- #(3,
tain ~treets, sidewalks, riqhts of way and alleys within the City, 1#3
including improving the drainage ~nd providing for general beautifi- !#3
cation thereof (herein referred to as the ~Street, Drainage, !#3
Sidewalk, AlleYI and Beautification Project"); and
! # (
~HEREAS, the City commission has determined that it is in #38
the best interest of the City to acquire, construct and equip #(3
improvements to certain recreational and cultural facilities within #40
the ~ity (herein referred to as the "Recreational and Cultural #41
Facilities Eroject"); and
#42
~HEREAS, the City commission has determined that it is in #4:
the best interest of the City to acquire, construct, reconstruct and #('
~quip certain fire facilities within the City (herein referred to as #4'
the "Fire Eacilities Project"); and
#41
::.l-
Res. No. 70-89 !#
! #
94348.23.3049.01:4
~HEREAS, the City Commission has determined that it is in #47
the best interest of the City to acquire and construct various urban !#48
renewal projects in the qeneral area of the city surroundinq Old ~
School Square. includinq but not limited to the acquisition of cer- 1#49.
tain properties and structures (herein referred to as the "Urban !#49.
Renewal Project" which together \:Lith the Street, Drainage, Sidewalk, !#50
Al1eYI and Beautification project, the Recreational and CUltural !#51
Facilities Project and the Fire Facilities Project ~re sometimes #52
hereinafter collectively referred to as the "Projects"); and #(52
~HEREAS, the City commission hereby finds that the Projects #53
will serve yalid municipal pUblic purposes; and #54
~HEREAS, the City Commission finds it to be in the best #55
interest of the ~ity to issue its General Obligation Bonds (the #56
"Bonds") in the aggregate I2.rincipal amount of not exceeding! #57
$ll,207,000 for the Street, Drainage, Sidewalk, Al1eyl and !#(5
Beautification ~roject, not ~xceeding $4,605,000 for the Recreational !#58
and Cultural Facilities Project, not exceeding ~5,180,000 for the !#6C
Fire Facilities Project and not exceeding $500,000 for the Urban lUU
Renewal Project to finance all or a portion of ~he costs for such 1#6]
Projects including all costs incidental thereto and to pay the costs #(6J
of issuing the Bonds; and #(6:
~HEREAS, it is necessary and essential to call and to hold #62
a bond ~eferendum SUbmitting the issuance of such ~onds for the #63
approval or disapproval of the residents who are qualified ~lectors ;65
within the City. #(6
ROW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF #66
THE CITY qF OELRAY BEACH, FLORIDA, AS FOLLOWS: '67
~ECTION 1. That a bond referendum is hereby ordered to '69
be held in the City Qn the 7th day of November, 1989, to determine #70
whether or not there ~hall be issued the Bonds of the City in the #71
aggregate principal amount of not exceeding $11,207,000 for the 1#7
Street, Drainage, Sidewalk, Alleyl and Beautification ~roject. not 1#7
exceeding ~4,605,000 for the Recreational and Cultural Facilities #74
::2-
Res. No. LQ-89 !#'
I # I
94348.23.3049.01:4
Project, not exceeding $5,180,000 for the Eire Facilities Project and !#75
not exceeding $500,000 for the Urban Renewal Project, maturing at !'76
such time or times not exceeding Ithirty (30) I years from the date or !#77
dates of issuance of said Bonds~ bearing interest at a rate or rates l.(77
not exceeding the legal maximum rate of interest and payable at such !=78
times and in such manner, lal1 as shall be determined by subsequent !#79
proceedings of the City commission. The Bonds will be issued for the !=79,
purpose of financing the costs of the respective Projects including! .80
all costs incidental thereto and to pay the costs of issuing the .(80)
Bonds, land shall be payable from ad valorem taxes levied and col- l#85
1ected in the ~ity (without limitation as to rate or amount) on all l#86
taxable property in the ~ity sufficient to pay principal of and #87
interest on such Bonds as the same gecome due and payable. '88
~ECTION 2. That the Projects are for a valid municipal 1#90
public purpose and therefore, ~ccordingly, subject to approval of the !#91
issuance of the Bonds by the qualified electors of the City, the l#92
financing of the costs of the Projects shall be payable from the pro- l!i2
ceeds of the Bonds and such pavment is herebv authorized and LUU
approved. ! # (9
~ECTION 3. That each of the Projects shall consist of .95
various co~ponents (herein referred to as ~Component" or #96
"Components"). The Components comprising each of the Projects, >iith #97
the estimated costs for each, are more fully ~escribed in the report #98
submitted to the City commission and attached hereto as Exhibit A and #99
by this reference incorporated herein. =(9'
~otwithstanding the principal amounts assigned to each =10
Component, the actual cost of a particular Component may be greater =10
or less than the estimated cost allocated to such Component. If the ,10
actual cost of a Component is greater than the amount allocated to it #(1
in this Resolution, the City may provide for such deficiency from #10
other available funds or from surplus funds that had been allocated #(1
to another component of the same project. If the actual cost of a I1C
component is less than that allocated in this Resolution, the City .1C
::3-
Res. No. 70-89 l#:
l #!
94348.23.3049.01:4
may use such surplus for other Components of the same Eroject. If, #109
after application of the foregoing, there remains insufficient funds #(111
~o complete a Component due to unforeseen cost escalations lor fai1- !#11,
ure to receive anticipated governmental grants or private contribu- !#(1
tions, I Qr other unexpected circumstances, the City may delete a !#11
partl of ~uch component or modify such Component so that such !~11,
Component may be completed. The City will not delete any Component !#11'
to qenerate surplus monevs for other Components. nor will it expend !#11
Bond proceeds in excess of the amounts allocated ~o each of the !#11
Projects in this Resolution. #(11
~ECTION 4. That the Bonds may be issued all at one time #119
or in part from time to time ~s the City commission may in its dis- ~120
cretion hereafter determine by subsequent Qroceedings. #121
~ECTION 5. That Bonds shall not be issued for a Project #123
unless such Bonds authorized for such Project shall be approved ~t ~124
the bond referendum by a majority of the qualified electors of the #(1:
city and voting in such election all in the manner provided in the #12:
Constitution and the ~tatutes of the state of Florida. #12(
~ECTION 6. That polling locations or places shall be #12,
determined by the Supervisor Qf Elections for Palm Beach County, #12'
Florida, and all qualified ~lectors of the City who vote in said #13
election shall vote at said designated polling Q1aces. The polls #13
shall be opened on the date of said bond referendum from seven #(1
Q'clock a.m. until seven o'clock p.m. on the same day. Only the duly .13
gualified electors of the City will be permitted to vote in said
:referendum.
~ECTION 7. That the City Attorney shall prepare and
notice of the bond referendum QY causing ~propriate notice to be #1:
published in accordance with the provisions of section 100,342 of the #1:
Florida ~tatutes, the City Charter and other applicable provisions of #1'
local law ~t least once a week for four (4) weeks in the IDELRAY !#:
BEACH NEWS I , a newspaper of general circulation within the City, !#
provided the first publication shall take place in the fifth week !#
bond #13
=13
give =1=
::4-
Res. No. 70-89 !#
! #
94348.23.3049.01:4
prior to the week in which the referendum is to be held, the second !#143
publication shall take place in the third week prior to the week ~f #145
the referendum and the final two publications shall take place once #(145
each week in the two weeks preceding the referendum. Ihe City #146,
Attorney shall secure from the publisher of said newspaper an ~pro- #148
priate affidavit of proof that said notice has been duly published, #(148
as herein set forth, and said affidavit shall be made a part of the #149
record of the Qity commission. #150
~ECTION 8. That the vote at said bond referendum shall #152
be by electromechanical voting ~evice (the "Device"), as approved by #153
the Florida Department of state gursuant to the Florida Election #154
code, comprising Chapter 101 of Florida ~tatutes, and in each polling #155
place there shall be at least one such Qevice. It shall b~ the #l56
responsibility of the Supervisor of Elections for Palm Beach county, #157
Florida, to have prepared and furnished to the inspectors said #158
Devices in such numbers as shall be required to carry ~ut the intent #159
of this Resolution, and to have prepared and approved by the proper #160
authorities for use in said Devices such ballots as shall be rreces- #161
sary to conduct the referendum of the qualified electors of the City #(lE
~elative to the questions of whether the issuance of Bonds in the #162
respective ~ggregate principal amounts ~hall be approved to finance #16:
the costs ~f the respective projects including all costs incidental #16'
thereto ~nd to pay the costs of issuance of the Bonds. ~allots in #16~
the same general form as hereinafter described ~ha11 be available for #16'
absentee voting. #(1(
~ECTION 9. That the ballots to be used in said bond ~ef- #17:
erendum shall be substantially in the following form: #(1
=5-
Res. No. 70-89 !#:
! # (
94348.23.3049.01:4
BALLOT
H76
CITY OF DELRAY BEACH, FLORIDA
QECADE OF EXCELLENCE
~ENERAL OBLIGATION BONDS
H78
H79
#181
QUESTION 1
4183
~TREET, DRAINAGE, SIDEWALK,
ALLEY, I AND BEAUTIFICATION PROJECT
H85
! #186
~hall the city of Delray Beach issue general obligation ~189
bonds to finance the acquisition, ~onstruction and reconstruction ~f 1#190
certain street, sidewalk, alley, riqhts of way. I drainage and beauti- 1#(19
fication projects and ~ll costs incidental thereto, not exceeding 1#19=
$11,207,000 bearing interest at not ~xceeding the legal rate, matur- 1#19'
ing not later than 2Q years from the date ~f issuance thereof, pay- !#19'
able from the City's ad valorem taxes?
# (19'
Instructions to voters:
Indicate by depressing the marking device #198
over ~For Approval" if you favor the pro- #199
posed Bond issue.
# (19
Indicate by depressing the marking device #200
over "Against Approval" if you do not #201
favor the Bond issue,
# (20
OUEST ION 2
1#20
URBAN RENEWAL PROJECT
! #2C
Shall the City issue qeneral ob1iqation bonds to provide ~
fundinq for the acquisition and construction of various urban renewal lj]J
pro;ects in the Old School Square area of the City. includinq but not 1#2(
limited to the acquisition of certain properties and existinq struc- ~
tures I I and all costs incidental thereto. not exceedinq $500.000. Ul.'
bearinq interest at not exceedinq the 1eqal rate. maturinq not later Ul.'
than 30 years from issuance. payable from the city's ad valorem ~
taxes?
1 # (
::.6-
Res. No. 70-89 !#5
94348.23.3049.01:4
! # (
Instructions to voters:
Indicate by depressinq the markinq device !#203
over "For Approval" if YOU favor the 1 #203
proposed Bond issue. 1#(20
Indicate by depressinq the marking device !#203
over "Aqainst APproval" if YOU do not !1203
favor the Bond issue.
!#(2C
QUESTION 1
! #20'
RECREATIONAL AND CULTURAL
EACILITIES PROJECT
#206
#207
~hall the City issue general obligation bonds to finance #210
the acquisition, construction and equipping of improvements to cer- #(21
tain recreational and ~ultural facilities within the City and all #212
costs incidental thereto, not exceeding $4,605,000, bearing interest !#21
at not exceeding the legal rate, maturing not later than I ~ears !#(2
from issuance, payable from the City's ad valorem taxes?
1#21
Instructions to Voters:
Indicate by depressing the marking device #217
over ~For Approval" if you favor the pro- #218
posed Bond issue.
#(21
Indicate by depressing the marking device #21S
over "Against Approval" if you do not #22C
favor the Bond issue.
# (2;
QUESTION 1-
EIRE FACILITIES PROJECT
! #2;
#221
~hal1 the city issue general obligation bonds to finance #22'
the acquisition, construction, reconstruction and equipping of ~er- =23
tain fire facilities and all costs incidental thereto, not exceeding #(2
~5,180,000, bearing interest at not exceeding the legal rate, matur- #23
ing not later than 30 years from issuance, payable from the City's ad !#2
valorem taxes?
! # (
-7-
Res. No. 70-89 !#=
94348.23.3049.01:4
! # (
Instructions to Voters:
r'ndicate by depressing the marking device #237
over ~For Approval" if you favor the #238
proposed Bond issue. #(238
Indicate by depressing the marking device '#239
over "Against Approval" if you do not #240
favor the Bond issue.
#(240
g,ECTION 10.
That the returns of the referendum shall be #264
canvassed in the manner Qrovided by law, and said returns shall be #265
certified to the ~ity commission, which shall declare the results #266
thereof. Upon canvassing the returns of the referendum, the results #(26E
of ~uch referendum shall be recorded in the minutes of the City #267
commission in the manner prescribed by law.
#268
g,ECTION 11.
That said bond referendum shall in all other #270
respects be held and conducted in the manner provided in and by the #271
laws of the state of Florida.
#(27
g,ECTION l2.
That in the event that any word, phrase, #273
clause, sentence or paragraph hereof shall be held invalid by any #274
court of competent jurisdiction, ~uch holdings shall not affect any #275
other word, clause, phrase, sentence Qr paragraph hereof.
#276
g,ECTION 13.
That this Resolution shall take effect imme- #278
diately upon its passage.
# (2~
~ASSED AND ADOPTED in regular session on this 26th day of #28:
september, 1989. #(2:
~ITY OF DELRAY BEACH, FLORIDA #28
b,TTEST:
By:
Mayor
#28
#(2
#28
#(2
#29
city Clerk
g,ubmitted:
::.8-
Res. No. 70-89 !#~
94348.23.3049.01:4
! #
Revised: September 26, 1989
DECADE OF EXCELLENCE
BOND ISSUE PROJECTS AND PROGRAMS
MAJOR AREA TOTAL
1. Streets. Drainage. Sidwalk, Alley and Beautification: $11,207,000
Reconstruction of streets
$2,772,000
Pavement
Drainage
$2,000,000
$ 772,000
Reconstruct additional streets to be
selected from the pavement study:
$1,000,000
Streets which require reconstruction have been identified in pavement
management studies conducted by the City. Reconstruction involves
removal of existing rock base and asphalt, and construction of new
road with 8" of rock and 1 1/2" of asphalt. Drainage will be designed
on a street by street basis, utilizinq swale drainage as much as
possible. When completed, citizens will note smooth surfaces, devoid
of pot holes and puddles.
S.E./S.W. 10th Street four-lane Federal
to Germantown:
$2,000,000
Project involves widening to four lanes complete with curb and gutter,
drainaqe and sidewalks. Road improvements required to provide
parallel route to Linton Boulevard and to attract potential
development. This popular east/west route will become a safer
road through its widening.
Northwest area drainaqe:
$1,300,000
Northwest Drainaqe project consists of storm drainaqe (inlets,
manholes, exfiltration trench and piping) necessary to relieve
street and yard flooding. Service area is bounded by West Atlantic
Avenue, N.W. 3rd Avenue, N.W. 4th Street and 1-95. Residents in this,
northwest area should find less floodinq around their properties when
the drainaqe is properly installed.
Reconstruct N.E. 7th Avenue from Atlantic
to N.E. 1st Street: $ 100,000
This project involves the removal of existing asphalt, reqrading of
rock base, installation of required drainage, then resurfacing of
roadway. Shoppers heading for the back parking lot of the Atlantic
Plaza will find smoother travelling following the reconstruction of
the road, .
Drainage improvements to S.E, 1st Street
from U,S. 1 to the Intracoastal Waterway: $ 200,000
This improvement was identified as a part of the Downtown Drainage
Study, The existing drainage pipe is undersized and in disrepair.
;)<6
l
.
Drainage impro~ements Lowson from the
E-4 Canal to Homewood:
$ 200,000
This project ia designed to relieve an existing moderate drainage
problem at the intersection with Homewood Blvd., as well as a series
of smaller drainage problems along the street eastward to the E-4
Canal. OUr western residents who utilize Homewood Blvd., for their
local travels will no longer drive through puddles caused by improper
drainage.
Selected alleys east of Swinton, from
N.E. 4th to a.E. 4th Streets:
$1,000,000
This project involves
will be identified by
selected alleys will
study area only.
Sidewalk S.W. 4th from Atlantic to
Miller Park:
paving and drainage improvements to alleys which
an "in-house" Engineering Department study. The,
be in the commercially zoned portions of the
$
80,000
This project involves the construction of a sidewalk to provide for
safe pedestrian travel. The proposed sidewalk will serve school
children, park users, as well as general pedestrian traffic. It will
connect with a path system at Miller Field and will extend to T~opic
Palms. The sidewalk will make walking safer for Plumosa Elementary
School children who will be able to safely walk from their school
north to Atlantic Avenue or south to Miller Field.
Sidewalk Pompey Park area:
$
20,000
Project will provide safe pedestrian travel for park users and general
pedestrian traffic in the area. Sidewalks are proposed along N.W. 2nd
Street, N.W. 13th Avenue, N.W. 3rd Street and N.W. 10th Avenue.
Residents around the area of Pompey Park will notice the safe access
to the recreation center from surrounding neighborhoods due to
construction of the sidewalks.
Sidewalk- N.E. 8th Street at
F.E.C. Railroad tracks:
$
40,000
This project will provide for safe pedestrian travel across the
railroad tracks between N.E. 3rd Avenue and U.S. 1. Bicyclist's and
pedestrians will be able to cross the tracks smoothly and safely due
to this sidewalk construction.
Atlantic Beautification east of
Intracoastal Waterway:
$1,000,000
This project provides continuity from the improvements made west of
the Intracoastal Waterway. Paver blocks will replace sidewalks and
decorative street lights added. New sod and irrigation will be
replace existing greenspace within right-of-way. Beach patrons who,
stroll along Atlantic Avenue, and beach-side m rchants will observe
the results of this beautification project.
-2-
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~
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i
.
Swinton Beautification from
South 10th Street to North City Limits:
$ 500,000
This project involves a concentration of efforts in the historic
districts (North 8th Street to South 2nd Street); second emphasis is
on the length between South 2nd Street and South 10th Street; and then
for the length north of 8th Street as needed. Activities include
planting of street trees, improved swales, sidewalk grates, antique
street lights at intersections, some curb and gutter work where needed
to preserve landscaping.
Extension of downtown improvements
along Atantic west to 1-95:
$ 200,000
This project provides for continuity with beautification of Atlantic
between Swinton and the Intracoastal Waterway. It includes
replacement of sidewalks with paver blocks and landscape improvements.
The beautification of West Atlantic Avenue unifies the Avenue by
continuing improvements made in 1988 in the core of the downtown. The
gateway to our City will have a cleaner, safer look due to lighting
improvements and upgrading of sidewalks.
Atlantic Beautification 1-95 to
Military Trail:
$ 238,000
This project involves
plantings, trees and
enhanced by providing
Atlantic Avenue is a
Florida Turnpike, 1-95,
landscaping of medians. It includes new sod,
irrigation. Again, our gateway street will be
a continuity in beautification objectives.
major gateway accessing State Road 441, the
Federal Highway and AlA.
Barwick Beautification from Atlantic
Avenue northward:
$
57,000
This project entails the planting of trees on the sides of the road
every 50 lineal feet. The landscaping must be established with a
watering truck and supplemental waterings in extremely dry periods.
Residents in the western part of the City, and visitors to Barwick
Park will notice the new greenery when the project is completed.
Spady Elementary School:
$ 500,000
Improvements to streets in the area of Spady Elementary School as
called for in the "Sharing for Exellence in Schools 1990" Plan.
2. Urban Renewal Project:
$ 500,000
This money shall be used for the acquisition and construction of
various urban renewal projects in the Old School Square area of the
City, including but not limited to the acquisition of certain
properties and existing structures.
3. Recreational and Cultural Facilities Pro;ects:
$4,605,000
Miller Field- south 10 acres:
$ 375,000
-3-
l
.
This project will be developed in conjunction with the Baseball
School. The school will provide funding for construction of a major
leaque field, multi-purpose field. The City will provide an entrance
road, parkinq lot, additional ballfields, soddinq, irriqation, wells,
fencinq, lightinq, concession stand, press box, landscapinq and
walkways. Miller Field, now beinq known as Little Fenway and
containinq & replica of "The Green Monster" is already an attraction
in Delray. But more importantly, the number of young people waiting
to take part in sports due to a shortaqe of playinq fields will have a
better chance of playing in sports when these improvement's are
completed.
Veteran's Park Improvements:
$ 500,000
This involves redevelopment to make the park and Adult Recreation
Center more compatible and unified. The ARC will be re-desiqned for,
more active programming for all ages. Redevelopment of the park
includes construction of a gazebo for concert series, waterside
walkways, irrigation, sod, landscapinq and liqhting. For the past two
years, the Chamber of Commerce has used the park to host major
concerts such as Gary Puckett and the Union Gap and The Association as
part of the Delray Affair. Concerts and other cultural events held in
the park brinq the community toqether in the heart of downtown.
Currie Commons Improvements:
$ 230,000
,
This property is used by the City throuqh a lease aqreement with the
American Legion. The project involves redevelopment to include two
ball diamonds, a multi-purpose field, parkinq, lightinq, irriqation,
sod, press box and concession stand. This park, located in the
Southeastern section of the City, west of Federal Highway, will accent
the surroundinq neiqhborhood and provide additional playinq fields for
a waiting list of little-league players.
Ballfield Lights at two fields:
$ 200,000
Ballfields at Carver Middle School, Atlantic High and Plumosa are all
in need of lighting. Through our jOint-use aqreement with the School
Board, these fields would be primarily used to serve youth
organizations and adult softball leagues. The lighting not only
allows these facilities to be used in the evening hours, it makes for
safer neighborhoods.
Pompey Park Improvements:
$ 110,000
This involves addition of a ball diamond, lighting and parking
improvements. These improvements to this 10-year old center will add
to its value and that of the surrounding neighborhood. Additional
recreational facilities provide an opportunity for our youth to take
part in an organized, active lifestyle.
Community Center:
$ 190,000
This provides for a new floor and lighting in the gymnasium and
construction of two tennis courts behind the center. The gymnasium is
sued by seniors citizens and After-School Program children alike on a
-4-
(
~
.
consistent basis. The tennis courts round-out the recreational
programs offered at the center.
Golf Course Improvements:
$ 400,000
This provide. for a $25,000 master plan study. Improvements made will
be contingent on results of the study. Fairway improvements,
rebuilding greens, irrigation, cart path, new restrooms and a shelter
house are planned. Residents of Delray Beach enjoy a lifestyle full
of recreatinal opportunities. Providing the facility for one of South
Florida's most popular sports is the respon
Old School Square Improvements:
$2,600,000
This is a historical renovation and restoration project of the 1926
school building and gymnasium at the Old Delray Beach Elementary
School site. Project includes roof replacement, installation of a
central air conditioning system, installation of new windows,
electrical and lighting system replacement, removal and replacement of
various wall treatments and painting of the facility. Also included
will be landscaping, construction of the walkways, fountain and
outside exhibit areas. Total project cost is estimated at $4.7
million with additional funding to come from private donations and
state grants.
4. Fire and Facilities
$5,180,000
Fire Headquarters _L "J.'i~ II.!:__ (1):
Fire Station No.1 (replace):
$1,750,000
$1,100,000
Construction of Fire Headquarters ~~ :hl ~~~ :It:- of ~h~ aA~g..dad
~lL, Hall al;o;ave ifte ~I.alOllment g-- ~- RilE' .... plus construction
of a replacement or re Station No. 1~' ~:f~ S~:~ia: N~. 1 l~;l~ ~
,~;;;:;i~~ ~:t~~~:. 'R2n~;~;~~~~ ,.~;n":~Ai~~aBl~. f L = a
These are replacement construction projects for the present Central
Fire Station and administrative facilities built in 1955. The
facilities will be utilized to house the emergency equipment and
staff; administrative offices, fire prevention bureau, training
facilities and various ancillary fire Support functions,
Fire Station No.5 (new):
$ 814,000
A new fire station to serve the southwestern section of the City.
This location will improve response times and provide better services
to the southwest area of the City. The facility is envisioned to be a
one story, 6,000-square-foot structure with an engine and a rescue.
Fire Station No.3 (renovation):
$ 380,000
This project is a renovation of Fire Station ~3 located at 651 Linton
Boulevard which would add approximately 3,500-square feet to the
facility, The additional space is needed for training, fitness
apparatus, equipment storage, and administrative services. The
additional will meet current and future needs for the facility.
-5-
.
Fire Station No.4 (renovation):
$
90,000
This project is a renovation of Fire Station #4, located at 4321 Lake
Ida Road which would add approximately 1,100 square feet to the
facility. The additional space is needed for traininq, fitness
equipment storaqe, and administrative services. The addition will
meet current and future needs for the facility.
New fire equipment:
$1,046,000
One Quint (pumper/ladder):
$310,000
This is a project for the purchase of a combination 1,000 GPM Pumper
and 55-foot aerial apparatus to be located at proposed Fire Station
IS. This is an additional unit and would provide expanded service in.
the southwestern section of the City to improve response time in this
area and provide additional capability throughout the community.
Three replacement pumpers,
rebuild existing snorkel, and
one new Tanker/Brush Truck: $736,000
This is an apparatus replacement program which will replace three
pumpers, 16 years to 22 years old, with new apparatus of modern design
and greater capability. The 16-year old pumper will be placed in
reserve status. The Brush Truck replacement is a continuation ot the
replacement proqram. The present Brush Truck is a 1956 model. The
rehabilitation of the existinq Snorkel will extend the service lite of
our present 85-foot aerial truck more cost effectively than purchase
of a replacement. Included would be a new enqine/drive train,
additional compartments for special equipment, upqradinq of hydraulic
systems and safety devices, and refurbishinq of the body.
Grand Total: $21,492,000
,
-6-
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~
I
THE ART OF FINE HAIR & COSMETICS
402 N.E, 2nd STREET. DELRAY BEACH. FLORIDA 33444
278~16
September 21, 1989
RE: Decade of Excellence Bond Issue
~ JJOdl-k I
As time is short for the final writing of the Bond
Issue, please accept this informal note as a serious
appeal from Pineapple Grove Support Group.
It's imperative to include Pineapple Grove under the
umbrella of the Arts & Culture section of the Bond
Issue. To stand alone on the ballot is certain failure.
You and I are clearly aware how hard we have worked to
strengthen this link, Pineapple Grove, in our community
chain.
However, due to the difficulty of reaching each citizen,
I fear failure if Pineapple Grove is made to stand alone
as a separate issue on the ballot,
cc Doag Campbell, Eayor
hary ~:cCarty, V-l,ayor
Trish Brainard
Jimmy Weatherspoon
Bill Andrews
Herb Thiele
l'ialco1m Bl.rd
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September 21, 1989
To City Commissioners:
Suggestions for specifics for Pineapple Grove
question on Bond ballot.
1. Planning
(This is specified in Comp Plan)
Neighborhood plan and guidelines (research
ancil1iary cultures uses of neighborhood
to complement Old School Square)
2. Promotion of cUltural/art/educational uses
(or anci11iary cultural uses) Employ full
time or part-time coordinator/promotional
materials etc.
3. City investment in pilot project (such as
antiques mall). Could be pUblic/private
partnership to encourage redevelopment in
area.
EIT' DF DELIA' BEAEH
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CITY ATTORNEY'S OFFICE
3 I 0 S,I', 151 STREET. SLUE 4 DELRA Y BEACH, flORIDA 33483
4071243.7090 TELECOPIER 407/2784755
MEMORANDUM
Date: September 20, 1989
To: City Commission
From: Susan A. Ruby, Assistant City Attorney
Subject: Absentee Ballots
As you may recall, the City Commission previously voted to
eliminate paper absentee ballots and to use punch card ballots
to facilitate the automatic counting of absentee ballots.
The Supervisor of Elections has now asked that
Commission determine when the absentee ballots
counted.
the City
should be
The absentee ballots can be counted on the same evening as the
regular ballots or on the next day. If the absentee ballots
are counted at the same time as the regular ballots, the
computer print outs would still designate that the absentee
voter used an absentee ballot. The Supervisor of Elections
suggests that the absentee ballots be counted at the same time
as the regular ballots.
By copy of this memorandum to the City Manager, please place
t.his matter on the City Commission agenda for a determination
by the City Commission as to when the absentee ballots should
~
CC Malcolm Bird, Interim City Manager
Elizabeth Arnau, City Clerk
.
.
,
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~
=P '30
BOARD RATING LIST
1. Jane L. Minter
1. Kathryne B. Stokes
3. Jean Beer
4. Kent Atherton
5. Judity A. Colvard
6. Tom Purdo
7. Sylvia Gwynn
8. Anne Bright
Board recommends Jane L. Minter or Kathryne B. Stokes to fill the
position vacated by sid Soloway for a period of two years.
Board recommends David B. Clarer for re appointment for a period
of two years.
<:- ~....
i/J!/ ~~ p-IU~f AJ.~
AeJ.,,.. ~ /'II.A.I4'($''!*Itt ,
~
PLANNING AND ZONING DEPARTMENT MEMORANDUM
TO: MALCOLM BIRD, CITY MANAGER
THROUGH: FRANK R. SPENCE, DIRECTOR
CVELOPMENT SERVICES GROUP
. )~~~U~
FROM: ID J. KOVACS, DIR~R
DEPARTMENT OF PLANNING AND ZONING
DA~E: AUGUST 23, 1989
R~
SUBJECT: APPOINTMENT TO PLANNING AND ZONING BOARD
The term for Sid Soloway, Planning and Zoning Board member,
expires in the month of September. Pursuant to the policies of
the City CommisSion, Mr. Soloway is not eligible for
reappointment in that he has served tWQ full consecutive terms.
Thus, it is necessary
appointed to the Board
September 26th.
that a new
at the City
(replacement)
Commission's
member
meeting
be
of
In the past the City Manager's Office has, in conjunction with
Commission members, determined if a notice of the vacancy should
be published or if ' the replacement should be selected from the
existing applicant list.
c:
Elizabeth Arnau, City Clerk
Bob Barcinski, Assistant City Managerv/
l
,2;0
.
I Rnards and Commi t tee - 1989
Council,
Fiv. (5) selections to be made, one by each seat of the City
Three (3) selections to be made by the President of the City
of Delray Beach Chamber of Commerce.
Se~~ion 4. That the members of the said "Del ray Beach Human
Relations Committee" shall serve two (2) year-staggered terms. The
initial selections for said committee shall be those persons holding
office upon the adoption of this resolution with said staggered terms to
remain as are currently existing and as were formed by the previous
adoption of Resolution nUmbers 92-81 and 28-82.
SII!~~ion 5. That if a vacancy should occur on said "Delray
Beach Human Relations Committee", said vacancy shall be fill~ by
selection by the person who selects members for each group (for ex-.ple,
selections of the Mayor), and the said selection shall serve for the
unexpired term of the members Position which was vacant.
SII!~~ion 6_ That the City Council of the City of Delray Beach,
Florida shall have the authority to approve and ratify all selections to
membership on the "Delray Beach Human Relations Committee", and the City
Council shall have the authority, with or without cause, to remove any
member of the "Del ray Beach Human Relations Committee" from said posi-
tion whenever a majority of the City Council votes for such a removal.
SII!~tion 7. That members of the "Delray Beach Human Relations
Committee" may be re-selected for one additional term so that no member
of the "Delray Beach Human Relations Committee" shall serve more than
two 2-year terms.
SII!~tion 8. That the "Del ray Beach Human Relations Committee",
in general, is to be utilized as a forum for the hearing of the grie-
vances or complaints of all citizens of the City of Delray Beach,
Florida, and said "Delray Beach Human Relations Committee" shall make
timely recommendations to the City Council of the City of Delray Beach,
Florida concerning such grievances or complaints.
SII!~tion 9. That specifically, the "Del ray Beach Human Rela-
tions Committee" duties, powers, authority, and functions are as fol-
lows:
(a) That the "Del ray Beach Human Relations Committee" shall
act only in an adVisory capacity to the City Council, and the
"Del ray. Beach Human Relations Committee's" actions and decisions
shall not be binding on the City, the City Council, or the City
Administratiun.
(b) That the "Del ray Beach Human Relations Committee" shall
act as a Sounding Board for grievances or complaints by citizens
of, or persons who own or operate businesses within the City of
Delray Beach, Florida.
(c) That the "Del ray Beach Human Relations Committee" shall
consider only those matters that both (1) are of a broad City-wide
COncern, and (2) since the "Del ray Beach Human Relations Committee"
is advisory only to the City Council, Over which the City Council
may have juriSdiction or have authority to act.
(d) That the "Delray Beach Human Relations Committee" shall
act as a mediator of disputes or grievances, and as such, said
"Delray Beach Human Relations Committee" shall have no independent
investigative authority, nor the power to compel the attendance of
Witnesses or the prOduction of evidence by subpoena or otherwise.
2
RES. NO. 60-86
-.- .........
c.) That the "Delray Beach Human Relations Committee" shall
not consider any matter which involves a grievance or dispute
between employers and employees, inClUding those involving a City
and its employees, nor shall the "Delray Beach Human Relations
Committee" specifically consider any matters which are in litiga-
tion or are under review by any other governmental agency, entity,
board, or commission.
(f) That the "Del ray Beach Human Relations Committee" shall
hold meetings on a regular basis, which meetings shall be open to
the pUblic, minutes shall be kept of all such meetings, and any
special meetings, with copies of said minutes, and any other
reports, to be transmitted to the City Council and the City Manager
of the City of Delray Beach, Florida within thirty (30) days of
such meeting.
(g) That the "Del ray Beach Human Relations Committe." is
authorized and encOUraged to review matters which are the City-wide
concern, including but not limited to the relationships between
members of the community at-large to identify any concerns and
problems of a City-wide basis, to suggest to the City Council
certain specific programs, gUidelines and outlines to address these
identifiable prOblems, which programs would serve to promote
harmony and communication between all of the residents and citi-
zens of the City of Delray Beach, Florida, and to sponsor activi-
ties within the community which shall also serve to promote such
harmony and communication.
Ch) That members of the "Del ray Beach Human Relations Commit-
tee" shall serve without compensation, but reasonable expenses I
shall be subject to reimbursement as provided by the City of Delray
Beach's Charter and Code of Ordinances.
I
,
(1) That the "Del ray Beach Human Relations Committee" shall
adopt bY-laws which shall set forth the process for selection of
presiding officers and procedures for the conduct of meetings
within the gUidelines set forth in this resolution.
Sec~ion 106
That this Resolution shall take effect upon its I
adoption.
of
PASSED AND ADOPTED in regular session on this the
October , 1986.
28th day
~.L/2 ~,
, I
A'1"l'EST:
MAY 0 R
~. h
~ " .AA;7 ::Zt.- ~
. City Clerk
3
RES. NO. 60-86
[ITY DF DElRAY BEA[H
CITY ATTORNEY'S OFFICE
II :'
_'i Hil .
Hi \(:1.; : uRljl\ _;.;..1,\ ~
1VIEMOHANDUM
~(ite:
September 26, 1989
Tel ~
C:1 ty ('orrunission
From:
H,::~t'~)(~rt W.f.....~ Thiele, City At~Lorney
Subject: Addi.rjona1 Persons for City Ma.naoer Search Commi.tt.ee
In accordance wi t:.h the direction at t.:-he City Commission, the
.~. 1-
.... .', ......,- , ~..,
,"', ~-.
, '.n'_~ ',_ .',__
ei.ther current or reti.red city managers throughout t.he State of
Florida who might be interested in serving on the
Manager I s Search Committee, both for purposes of
the requirement.s for the position, as well as in
funct.ion aft.er applicat.ions have been received.
Cit.y's City
formulat.ing
a screening
In addition to the two names previOUSlY~J:~:rdea-~l:o-~-yeu by
~r~anager Malcolm Bird, bein .0 In siffi!llons and
Roy Holla e Ci.t.y Attorney's Office has~ been anle ':0- obTain
o owing names who have agreed .to serve on this committee
if you sele t t.hem:
George Frost -
Town Manager of Town of Palm Beach
Rob Parkins -
City Manager of City of Miami Beach
Other pot.ential participants have not been reached due to the
lCMA Conference now ongoing in Des Moines, Iowa.
lff\
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S.R.WEINER
AND ASSOCIATES INCORPORATED
September 6, 1989
Mr. Malcolm Bird
Interim City Manager
Ci ty Hall
lOO NW First Avenue
Delray Beach, FL 33483
J{t.CEl VElJ
SEP 08 1989
CITY MANAGER'S OFFICE
Dear Mr. Bird:
This letter is intended to serve as an agreement
between W.R.I. Delray Associates Limited Partnership
and the City of Delray Beach regarding the location
and construction of a fence on Collins Avenue and Miami
Boulevard as shown on drawing M-052, dated March 8, 1989,
revised April l2, 1989, and accepted by W.R.I. as the
construction document.
The drawing represents the items initially addressed
on November 30, 1987 when W.R.I. offered to contribute
toward the construction of a fence.
Therefore, as part of this agreement, W.R.I. will
give to the City a check for five thousand dollars ($5,000)
as acceptance of the City's proposed fence construction as
shown on the above referenced drawing.
The City's acceptance of the check will terminate
any future financial obligations or future maintenance
responsibilities for the fence by W.R.I., as no portion
of the fence encroaches upon the property of W.R.I.
With the signing of this agreement by the City, W.R.I.
understands that the terms are satisfactory to all
involved.
REAL ESTATE DEVELOPMENT
1330 BOYLSTON STREET CHESTNUT HILL MASSACHUSETTS 02167
617-232-8900
.
.
~
33
;,
S.R.WEINER
AND ASSOCIATES INCORPORATED
September 6, 1989
Mr. Malcolm Bird
Page 2
If the above items are acceptable, please sign
and return the counterpart of this agreement, and I
will forward a check made payable to the "City of
Delray Beach".
Thank you for your time and cooperation.
Very truly yours,
~~
Limited Partnership by:
S. R. Weiner & Associates, Inc.
Accepted by:
Interim City Manager
City of Delray Beach
Delray Beach, FL
cc: A. Rocco, J. Wilder, M. Brennan, T. DeSimone,
K. Mulkern, A. Waldstein, A. Ciklin, R. Barcinski,
S. Weedon, D. Kovacs, H. Thiele, S. Schein,
H. Gordy, A. LeBlanc, D. Petkewich, F. Spence
.
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REALTOR'"
DELRAY BEACH-BOARD OF REALTORS, INC.
47 S.E. 5TH AVENUE, DELRAY BEACH. flORIDA 33483 407-278-2661
(5)
lQUAL ItOUIlIIlG
O"O"TUN'TY
1989 otflce,. & Directors:
-Officers: President, Michael K. Plum, GRI; President-Elect, Kathi D. Sumrall, MRA; Treasurer, Alvin A. Doherty, GRI, CAS, CAB; Corporate
Secretary, Gabe A. Santi; Past President, William F. Koch III -Directors: IreneT. Webb, GAl, Leonard E. White, Cathy R. Dowling, CAB, A. Charles
Spallitta, Sylvia B. Huhman, GAl, Tom C. Spallitta, Helene C. Mueller; Executive Vice President, Joyce K. Winiewicz
To: Frank Spence, Director Development Services
From: Delray Beach REALTOR Advisory Board
Subject: Disposition of City Property
Date: September 26, 1989
The Delray Beach REALTOR Advisory Board was requested to make
recommendations regarding the disposition of two pieces of
property that the city currently owns, specifically the North
Federal Highway commercial property and a multi-zoned
property at Venetian and Miramar Streets.
It is the recommendation of the Advisory Board that the city
take the following steps in the marketing of the property:
1. The purchase price quoted on the above
designated parcels be at or around the appraised value of
the properties.
2. That the city list the above mentioned
properties with a licensed REALTOR for insertion in the
Multiple Listing Service at a commission to be negotiated
between the parties. MLS rules and regulations state that
participation in the service is permitted only if a valid
listing agreement is entered into between the seller and a
member REALTOR.
3. If the city is unable or unwilling to enter into
such agreement, the Delray Beach Board of REALTORS will
cooperate in the promotion of the sale by making the
membership list of subscriber offices available to the city
for advertising purposes.
These suggestions represent a good faith effort of the
members of the Delray Beach Board of REALTORS to be good
citizens. These recommendations have been approved by the
Board of Directors of theDelray Beach Board of REALTORS. We
welcome the opportunity to be of service.
1i!l;J~'U?::
~/t~ichael K. Plum
L/ President
Delray Beach Board of REALTORS
713<{.
MEMORANDUM
~
~
FROM:
~ALCOLM T. BIRD, INTERIM CITY MANAGER
~RANK R. SPENCE, DIRECTOR, DEVELOPMENT SERVICES
TO:
SUBJECT: DISPOSITION OF CITY OWNED PROPERTY
DATE: SEPTEMBER 20, 1989
-----------------------------------------------------------------
This morning I met with three members of the Real Estate Advisory
Board to discuss a course of action for the sale of the two City-
owned parcels in light of the City Commission's action and
direction given at their meeting of September 12, 1989.
After discussion, the Advisory Board decided to take this whole
matter to the full Board of Directors of the Delray Beach Board
of Realtors for discussion and direction at their next meeting,
Tuesday, September 26, 1989, at 1:30 p.m. Through their
President, Bill Plum, they will present their recommendations to
the City Commission that evening as to how they can best help the
City sell these properties in the spirit.of cooperation.
Therefore, please place this item on the Commission's September
26, 1989, Regular Agenda.
FS:kwg
cc: Bob Barcinski, Assistant City Manager
Bill Plum, President, Board of Realtors
l
54
.
C I T Y
COM MIS S ION
DOC U MEN TAT ION
TO:
ROBERT A. BARC~I' ASSISTANT
~/(_ a ~
FRANK R. SPENCE, DIRECTOR
DEVELOPMENT SERVICES GROUP
CITY MANAGER
VIA:
FROM:
GcWA)~~~
DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF SEPTEMBER 26, 1989
CONSIDERATION OF SITE AND DEVELOPMENT APPROVAL
PIAZZOLA OFFICE BUILDING, N.W. 1ST AVE (RO DISTRICT)
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of a site and development plan for the proposed
Piazzola Office Building.
The project is located on N.W.
Hall. Site plan approval is
Zone District regulations.
1st Avenue, across from City
required pursuant to the RO
BACKGROUND:
This is a small project consisting of only 1,547 sq.ft. in a two
story building on a 7,836 sq.ft. lot. All code requirements are
met. A Certificate of Appropriateness was granted by the
Historic Preservation Board on August 29th.
One item of concern dealt with the treatment of the east property
boundary which lies along an unimproved alley and general utility
easement. The Planning and Zoning Board resolved this matter
through requiring the planting of a hedge along the property
line. Please see the P&Z Staff Report for full background and
analysis of the item.
PLANNING AND ZONING BOARD CONSIDERATION:
At it's meeting of September 18, 1989, the Planning and Zoning
Board unanimously recommended approval of the site and
development plan, based upon findings pursuant to 173.867, and
SUbject to three conditions (as delineated in the staff report).
RECOMMENDED ACTION:
By motion, approve the site and development plan for the Piazzola
Office Building based upon the findings and conditions as
recommended by the Planning and Zoning Board.
Attachments:
face sheet of P&Z staff report
site plan reduction
36
PLANNING 8
CITY OF OELRAY
"':ONING BOARD
BEACH
MEETING D=lTE:SEPTEMBER 18. 1989
AGeo:l ITEM:
IV. D.
STAFF REPORT
IT~: SITE AND DEVELOPMENT PLAN, OFFICE ON N.W. 1st AVENUE (RO ZONE) (PIAZZOLA)
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OWner. . . . . . ......... ... '" .. . . . . Paul Piazzolla
Agent...........................Paul Piazzolla
LOcation........................Ea.t .ide of N.W. l.t Avenue,
between N.W. l.t Street and N.W.
2nd Street.
Property Size................... 7 ,836. 78 Sq. ft. 10.179 ACres)
Community Redevelopment Plan....Mixed Use ReSidential/Office
Proposed Land Use Plan..........Transitional
(Comprehensive Plan)
City Zoning.....................RO (Residential Office)
Adjacent Zoning.................North. south and east of the
subject property is zoned RO.
West is zoned CF (Community
Facilities ).
Existing Land Use...............Vacant land
Proposed Land Use...............Construction of a 1,546.75 sq.ft.
office building
Water servlce...................Existing main located on the east
side of N.W. 1st Avenue.
Sewer service...................Existinq Sit sewer line located in
the alley adjacent to the east
side of the subject property.
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C I T Y
COM MIS S ION
DOC U MEN TAT ION
TO:
ROBERT A. BARCIN~I, ASSISTANT CITY MANAGER
~r7 ,4--" _~
FRANK R. SPENCE, DIRECTOR
DEVELOPMENT SERVICES GROUP
Q'h8v~S~it.~R
DEPARTMENT OF PLANNING AND ZONING
VIA:
FROM:
SUBJECT: MEETING OF SEPTEMBER 26, 1989
CONSIDERATION OF SITE AND DEVELOPMENT APPROVAL
WALMART DEVELOPMENT, WEST SIDE OF MILITARY TRAIL
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of a site and development plan for the proposed
Walmart development project.
The project is located on~west side of Military Trail, south
of Linton Boulevard. S~~e plan approval is required
pursuant to the GC Zone District regulations.
BACKGROUND:
This project consists of a single purpose structure of 114,760
sq.ft. which is to house a WALMART store. Two out-parcels which
are to accommodate a bank and a restaurant are also proposed.
Access will be provided directly from Military Trail and ~hrough
connections to "The Promenade" which is located to the north.
Off-site street improvements are required along Military Trail.
There are no unusual aspects to the
been granted for the elevations and
Adjustment has granted a variance
loading berths.
proposal. CAB approval has
landscaping. The Board of
relative to the number of
The next step in the development review process is that of
platting at which time legal arrangements for water, sewer, and
access will be verified.
Please see the P&Z Staff Report for full background and analysis
of the item.
PLANNING AND ZONING BOARD CONSIDERATION:
At it's meeting of September 18, 1989, the Planning and Zoning
Board unanimoUSly recommended approval of the site and
development plan, based upon findings pursuant to 173.867, and
subject to two conditions (as delineated in the staff report).
RECOMMENDED ACTION:
By motion, approve the site and
development project based upon
recommended by the Planning and
development plan for the WALMART
the findings and conditions as
Zoning Board.
Attachments:
?k>
face sheet of P&Z staff report
s~te plan reduction
PLANNING 8
CITY OF OELRAY
IN I NG BOARD
BEACH
STAFF REPORT
MEETING [):nE: SEPTEMBER 18, 1989
AG~ ITEM:
IV. B.
ITEM :
SITE AND DEVELOPMENT PLAN: WAL-MART, WEST SIDE OF MILITARY TRAIL
SOUTH OF LINTON BOULEVARD
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LINTON BLVD-
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DATA:
Owner. ............. ... . . . . David Dord..ht1, Prealdent;
Sabra Development Corporation. General
Partner
Aqent.................... .Michael 8. Schorah' Associates, Inc.
Locatlon..................West side of Military Trail
approximately 670. feet south of Linton
Boulevard
Property Size............ .14.2 Acres
Existing Land Use Plan. ...Single F&mily
Proposed Land Use Plan.. ..General Commercial
(Comprehensive Plan)
City Zoning... .... ....... .GC (General Commercial)
Adjacent Zoning.......... .North of the subject property is zoned
County CG. South is zoned County RS
(Single-Family Residential). East of
the subject property is zoned City MOl
(Medical Office and Institutional
Cistrict) and County CS (Specialized
Commercial). Weat is zoned County cs.
Existing Land Use........ .Vacant land. except for a frame
structure which will be removed.
Proposed Land Use........ .114,760 Sq.ft. Wal-Mart store and two
out parcels of .8 acres each.
Io.'ater Service... ......... .Existing 8" and 10" lines located north
and West of the subject property in the
Linton Promenade and Celray Medical
Center. rcspectlvely. An existing 12"
maln 1S located on the east side of
Mlli tary Trall.
Sewer Service............. Existir.g :.::" mains locat~d north and
West of the subJect property in the
Linton Promenade and Celray Medical
Center. respectlvely. existing lift
Statlon to the West and an eXlsting
force main located on the West side of
Military Trail.
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C I T Y
COM MIS S ION
DOC U MEN TAT ION
TO:
ROBERTA. BARCINSKI, ASSISTANT CITY MANAGER
~~~O '_
~K-R~ ~ENCE, DIRECTOR
VELOPMENT SERVICES GROUP
VIA:
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DA D J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
FROM:
SUBJECT: MEETING OF SEPTEMBER 26, 1989
CONSIDERATION OF SITE AND DEVELOPMENT APPROVAL
KING INDUSTRIAL BUILDING, S.W. 14TH AVENUE
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of a site and development plan for the proposed
King Industrial BUilding
The project is located between SW 13th and 14th, north of
S.W. lOth Street. Site plan approval is required pursuant
to the LI Zone District regulations.
BACKGROUND:
This project is proposed as a three phase development. Phase I
involves construction of a single purpose 10,800 sq.ft.
structure; Phase II involves a 4,500 sq.ft. addition. Phase III
plans are unknown at this time. The approval action involves
only Phases I and II.
The site lies within an
wellfield impact zones.
for other than industrial
industrial. However, the
approved and vested under
area which is within the Series 20
The proposed Comprehensive Plan calls
usage and for rezoning to other than
proposal before the Commission may be
the existing plan and zoning code.
Relief has been requested from the provision of a sidewalk and
dedication of associated right-of-way along S.W. l3th Avenue.
The next step in the development review process is that of
platting. Since a plat was previously approved (but not
recorded) for this site, the full subdivision process will not be
followed and, when ready, the final plat will come directly to
the City Commission.
Please see the P&Z Staff Report for full background and analysis
of the item.
37
Kings Site Plan
September 16, 1989
Page 2
PLANNING AND ZONING BOARD CONSIDERATION:
At it's meeting of September 18, 1989, the Planning and Zoning
Board unanimously recommended approval of the site and
development plan, based upon findings pursuant to 173.867, and
subject to three conditions (as delineated in the staff report).
The Board also recommended approval of the request for waiver of
dedication and sidewalk requirements along sw 13th Avenue;
accommodated a request that the landscaping for Phase I noe
include the area to be impacted by the Phase II addition; and
deleted imposition of Technical Item #10 which dealt with
imposition of an "engineering standard" calling for six foot of
clear distance between a raised loading area and a travelway.
The Board did not support requests for deletion of raised curbing
around the landscape planters (Board of Adjustment action would be
required) or for not requiring upgrading of the water main from
4" to 8".
RECOMMENDED ACTION:
By motion, approve the site and development plan for the King
Industrial project, Phases I and II, based upon the findings and
conditions as recommended by the Planning and Zoning Board and
specifically including abandonment of an existing drainage
easement and waiver of sidewalk and dedication requirements along
s.w. 13th Avenue.
Attachments:
face sheet of P&Z staff report
site plan reduction
PLANNING 8 L.JNING BOARD
CITY OF OELRAY BEACH
STAFF REPORT
MEETING ~TE: SEPTEMBER 18. 1989
AG~ ITEM:
.IV.A.
I TEH:
SITE AND DEVELOPMENT PLAN: KING OFFICE/WAREHOUSE. INDUSTRIAL BLOCK
NORTH OF S.W. 10th STREET AT S.W. 13th AVENUE
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o."ner. . . . . . . . . . . . . . . .. . . . . . . . . . . .1'0. lItift9
"'qent. . . . . . . . . . . . . . . . . . . . . . . . . . . TOIl 1t1nQ
Loc.tion........................SOuth 81de of S.W. 8th St.,
between S.W. 13th AVe. and S.W.
14th Ave.
Property .1&....................2.66 Acre. tI15,731.70 Sq.ft.)
Pha... I , II . 1.276 Acre. (This
development propo..I)
Existinq Land Use Pl.n..........l (Industriall
ProPOsed Land U.. Pl.n..........Tr.n.1t1on.l
rComprehensive Plan)
City Zontn;.. ...................LI tL1;ht Industrial)
Adj4cen~ Zonin9.................Nor~h of ~h. .Ybjec~ proper~y is
toned RM-1S {Multiple-Family
Owellinq District). South is
zoned RM-6 (Multiple-Family
Owellinq District). Eas~ and
West of the subjec~ property .re
zoned LI.
Existinq Land Use...............Vac.nt L.nd
Proposed L.nd u......... ........Phase I _ Construct a 10,800
sq.ft. office/warehouse
structure.
Phase II - Expansion of 4,500
sq.ft. to the 10.800 sq.ft.
office/warehouse structure.
Water Service. .... ........ ,. ....EX1Stinq 6" water main on tht!
north sides of S.W. 10th St. and
5.w, 8th St. Also. existinq 4h
water line on the east sides of
S.W, 13th St, and s.w. 14th St.
Sewer Service.,.",."",....,. .Existinq sanitary sewer on the
West side of S.W. 14th St. and an
existinq 15"sanitary sewer on the
south side of S.W, 10th St.
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[ITY DF DELAAY BEA[H
100 N,W, 1st AVENUE
DE LRA Y BEACH, F LOR I DA 33444
407/243.7000
MEMORANDUM
TO:
Robert A. Barcinski, Asst. City Manager/Community Services
Joe Weldon, Director of Parks and Recreation ~
FROM:
SUBJECT: APPROVAL OF CEMETERY FEES AND CHARGES
DATE: September 22, 1989
Backqround
Prearrangements of Delray, Inc. has requested changes to the fee
structure for the mausoleum and lawn crypt garden. The changes would
provide for preconstruction prices for crypts and niches, specify
prices by level, and lower the price of a single lawn crypt from
$1,000 to $750. These changes will not affect our revenue
projections. The changes are requested in order to assist the company
in marketing the facility and to clarify with more specificity
previously approved charges. All other cemetery prices and charges
will remain the same. Contract language requires Commission approval.
Attached are copies of the proposed and existing price lists.
Action
City Commission is requested to approve cemetery fees and charges as
amended.
Recomtendation
ReccrnrrEnd Corrmission approves cerretery fees and charges.
JW/sfd
THE EFFORT ALWAYS MATTERS
3~
[ITY DF DELIAY BEA[H
CITY AnORNEY'S OFFICE
310 S.L 1st STREET. Slnr J DElRAY BEACH. HDRrDA 33483
4n7f143-7nQ(l iTLfCOPlfR 4071~7R-4755
MEMORANDUM
Dat.e:
September 12, 1989
rro:
City Commission
V:1I~ r 'bIr 1r,.,Bird. Intari.a.C':j;..:....ger.~
From:
Jeffrey S. Kurtz, Assistant City Attorney
fiV
/1
Subject. :
Demetrius Butts Claim
Mr. Butts has filed a claim against the City for false arrest
and imprisonment arising out of his arrest, for resisting an
officer, by Officer Messer on December 27, 1987. Mr. Butts is
represented by Sammy Berry, Jr., Esq. and Mr. Berry, on behalf
of his client, has demanded payment in the amount of $50,000.
The City Attorney's Office is continuing to investigate this
matter based on the information that has been uncovered, thus,
we cannot recommend a settlement. It would be appa:eciated if
you couId-place this matter on the September 2~ 1989 consent
agenda.
Should you have any questions concerning this matter, please do
not hesitate to contact our office.
JSK:sh
.
39
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310 S.., ht STl\P;ET, SUITE 4 In:LRA Y BEACII, FLORIl>A 33483
407/243.7090. 'fJ.:LECOPIER 407/278-4755
MEMOJWmuM
Date:
September 21, 1989
To:
City COlIIII\1sai.on.
From:
Jeffrey S. Kurtz, Assistant
Subject:
Atlantic Avenue Irrigation from Swinton to 1-95
Bid. 189-64
Water Wizard Irrigation Inc. was the su.cce..'ful. low bidder for
the above referenced project aDd. wa. awarded the contract.
Unfortunately they were unable to secure sufficient au~ft4'.
insurance from a COl1J,pany of requisite size to meet our bid
speCifiCAtions. for the reaaODa set forth in the. attached
letter.
The oontractor is willing to provide us with. a $7S0,000
insurance policy ($250.000 above our minimum requiremetLts)
issued by Bankers I.naurance Co., a B+S cOlllpa~. The. Risk
Manager and our office would recOlllD&nd ~t the bid raquir8lllent
of a siz.e 12 insurance company be. waived in this instllDCe.
This. recOllllllendation is baaed on. the Risk H."e.ljJtIr'lII evaluation.
of the financial stability of Bankers Insurance Co. and the
relatively short per.iod of exposure 4Ssocia:ted with this
project.
Should you have any questiona concerning this matter, please do
not hesitate to contact either our office. or Lee Gr~_
JSlt: jslt
cc: Malcolm T. Bird, Interim City Manager
Nancy Davila. Horticulturiat
Ted Glas. Purchaaing DuectoJ:
Lee Graham. RiSk Management Director
30'd 30:Ll 68'13 daS SSLP 8L3 LOP
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Water Wi~a1(d Irrigation, Inc.
4100 N, PowerUne Rd,. Suite 0..8, Pompano Beach, Florida 33073 (305) 9n-8017
September 12,1989
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Cit.y of De1ray
310 SE 1st Street
SUi te 4
Delray Beach.,FL 33483
Dear City Oommdssioners;
Enclosed you will find a Certificate of insurance for AutOlllObile insurance.
We have bid an irrigation job for the city and tMl City Attorney has inforllllKl
us that the Auto policy we have in force now is not sufficient enough for the
city. He has alao told us that the c:ompany which we are insured by has a rating
of B+ 5 not a 12 which you require. We have tried several eompaniea which you
rate a 12 and they will not insure our drivers because Of violaiton. We have
two Drivers who have 1 tideet each and no acciclent..
We are willing to up our po~i-cy ,to 750,000.00 if you are willing to overrule
the rating requirements.
If there are any question please call the nlllllber above.
Thank you for your prompt attention in this matter.
.
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President
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MEMORANDUM
TO:
Robert A. Barcinski
.Assistant City Manager
J. Weldon ~~
Director of~Parks and Recreation
FROM:
DATE:
September 18, 1989
SUBJECT:
Approval of Childrens' Services Council
Grant
BACKGROUND:
The-CSC~as tentatively approved a grant for the Parks and
Recreation Dept. After-School/Child Care Program. The
amount of the grant is $136,315. and provides for the hiring
of a full-time coordinator, 17 part-time recreation
personnel, and funds for materials, supplies, field-trips,
etc. This is the second year that we have been approved for
a grant for this program. Last year the grant amounted to
$112,357. The grant allows for approximately 250
elementary school-age children to participate daily in
meaningful, supervised recreation activities. The majority
of the children are "latch-key" type children, that is,
there is no adult supervision available to them as they
return home after school. The program also provides an
opportunity for many of these children to participate in
recreation activities that they may not have otherwise had
the opportunity to participate in.
ACTION:
CIty-Commission approval is requested in preparation for
final approval by the CSC Council at its final TRIM meeting
on September 27.
RECOMMENDATION:
Recommend-Commission approval of the CSC grant and grant
agreement.
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Contract No. 8 314
1989-90 GOVERNMENTAL UNIT AGREEMENT
Page 1
AGREEMENT
THIS AGREEMENT, entered into this day of October,
1989, by and between the Children's Services Council of
Palm Beach .County, a political subdivision of the State of
Florida (hereinafter referred to as "Council") and
City of Delra~ Beach Parks & Recreation - After School
RecreationjCh~ld Care Program, (hereinafter referred to as
"Provider"), for the period from October 1, 1989, to
September 30, 1990.
WIT N E SSE T H: In consideration of the mutual
agreements hereafter contained, the parties, intending to
be legally bound, hereby agree as follows:
1. The Council agrees to reimburse to the Provider
sums up to $136,315.00 for provision of services described
in RFP # 89-000, attached hereto and made a part hereof
as Exhibit A and in Provider's proposal dated March 6,
1989, attached hereto and made a part hereof as Exhibit B.
It is expressly understood and agreed, by and between the
parties, that the services to be rendered hereunder by the
Provider shall be provided in compliance with all terms
and conditions set forth in EXhibits A and B and in the
Special Conditions attached hereto and made a part hereof
as Exhibit C, as well as with the terms and conditions of
this document.
2. The Provider agrees to comply with all applicable
federal, state and local laws.
3. The Provider agrees to comply with the following
requirements:
a. To maintain books, records and documents in
accordance with normally accepted accounting
procedures and practices, which sufficiently and
properly reflect all expenditures of funds
provided by the Council under the Agreement.
b. To assure that these records shall be
available, upon reasonable notice, to inspection,
review or audit by the Council and personnel duly
authorized by the Council to make such
inspection, review or audit.
c. To maintain and file with the Council such
progress, fiscal, inventory, and other reports as
the Council may require during the terms of the
Agreement.
d. To include these aforementioned audit and
record-keeping requirements in all approved
subcontracts and assignments.
GOV-NF14.Doc (BF)
Sep 20, 1989 8:56 am
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Contract No. 89-014
1989-90 GOVERNMENTAL UNIT AGREEMENT
Page 2
e. To acknowledge, to the extent feasible and
appropriate, Council funding of the program
identified in Exhibit ftAft in publications,
bulletins, pUblic relations activity, and
stationery of Provider.
4. The Provider agrees:
a. To retain all financial records, supporting
documents, statistical records and any other
documents pertinent to this Agreement for a
period of five (5) years following termination
of this agreement or, if an audit has been
initiated and audit findings have not been
resolved at the end of the five year period, the
records shall be retained until resolution of all
audit findings.
b. Persons dUly authorized by the Council shall
have full access to and the right to examine any
of said materials during said period.
5. To the extent provided by law, the Provider
agrees to indemnify and hold harmless the Council from
liability on account of any injuries, damages, omissions,
commissions, actions, causes of actions, claims, suits,
judgments and damages accruing, including court costs and
attorneys' fees, as a result of services performed or not
performed, or any negligent act by the Provider or funding
granted or not granted by the Councilor any action
arising out of the operation of this Agreement.
6. This contract may not be assigned or
subcontracted to any other party by the Provider
without the prior written approval of the Council.
7. The Children's Service Council acknowledges that
the Provider is self insured and accepts the levels of self
insurance provided by the provider.
8. The Provider shall not use or disclose any
information concerning a client under the Agreement
for any purpose not in conformity with federal and state
laws and regulations except on written consent of the
client, or his responsible parent or guardian when
authorized by law.
GOV-NF14.Doc
Sep 20, 1989
(SF)
8:56 am
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Contract No. 8~-014
1989-90 GOVERNMENTAL UNIT AGREEMENT
Page 3
a. The Provider agrees to establish and maintain
procedures and controls acceptable to the Council for
safeguardin~ records, so that no information contained
in the Prov1der's records, or obtained from others
carryin~ out the terms of the Agreement, shall be used
by or d1sclosed by the Provider, its agents, officers
or employees except as provided by law.
b. It shall be the responsibility of the Provider to
take all reasonable steps necessary to implement
promptly such ~rocedures and controls in order to
protect the pr1vacy of a client receiving services
hereunder and in order to assure the maintenance of
confidentiality of any medical or other information
pertaining to any such client.
9. The Provider shall submit to the Council
management and program data, includin~ client identifiable
data as deemed essential by the Counc11.
10. The Provider shall furnish the Council with
reports of the effectiveness of the program and include
statistics and data on the number of persons served and
such other reports and information that the Council may
require. Said reports shall be made as requested from the
effective date of this Agreement and in a format provided
by the Council.
11. The Provider is performing the services and
duties required hereunder as an independent contractor and
not as an employee, agent, partner of, or joint venturer
with the Council. The Provider shall assume sole and
exclusive responsibility for the payment of wages to all
employees for services performed br them under this
Agreement. The Provider shall, w1th respect to said
employees, be responsible for withholding federal income
taxes, paying federal social security taxes, maintaining
unemployment insurance and maintaining worker's
compensation coverage in amounts required by applicable
federal and state law.
12. The services provided by the Provider hereunder
are provided on a non-exclusive basis, and the Council
specifically reserves the right to subcontract with others
for similar services.
13. Payments for services rendered pursuant to this
Agreement shall be made to the Provider monthly on a
reimbursement basis. Provider shall submit an invoice to
the Council by the loth day of each month following the
month in which the services were provided. The invoice
will include documentation reflecting all expenditures
made by the Provider under this Agreement, in whatever
GOV-NF14.Doc (BF)
Sep 20, 1989 8:56 am
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Contract No. 89-014
1989-90 GOVBRNKENTAL UNIT AGREEMENT
Page 4
form reasonably required by Council. Subject to the
availability of funds, the Council will provide
reimbursement to the Provider within 45 days after receipt
of the invoice.
14. The Provider agrees to return to the Council any
overpayments made throu~h inadvertence or miscalculation
or because payment is d~sallowed as not having been
properly earned under this Agreement. Such funds shall be
refunded in full by Provider to the Council as follows:
a. Within twenty (20) days from the date of written
notification by the Council to the Provider of
overpayment or disallowance: or
b. within thirty (30) days following the end of this
Agreement.
c. The Council shall have the right to deduct from
any subsequent payment request submitted by the
Provider, the amount of any overpayments or disallowed
funds.
15. The Council may, for reasonable cause, suspend
the ~ayment of funds pendin~ corrective action by the
Prov~der or pending a decis~on by the Council to terminate
this A~reement. The Council may, for reasonable cause,
prohib~t the Provider from incurring additional obligation
of any funds received from the Council, pending corrective
action by the Provider or a decision to terminate this
Agreement. Said suspension of payment of funds or
obli~ation thereof may apply to all or part of the
Prov~der's operations.
Before suspending payment of funds to a Provider or
preventing a Provider from incurring additional obli~ation
of funds received, the Council shall notify the Prov~der,
in writing, of the action to be taken, the reasons for it,
and the conditions, if an~, under which the suspension
will be lifted. Within f~ve (5) days of receipt of the
notice of suspension, the Provider may request a hearing
before the Council. Suspension shall be effective five
(5) days after recei~t by the Provider, unless the Council
has determined that ~mmediate suspension is necessary and
so informs the Provider.
If a hearing is timely requested by the Provider, the
suspension will not be effective until a date determined
by the Council following the hearing. The hearing will be
held within a reasonable time after request therefore to
consider an~ matters relevant to the suspension and will
determine, ~n light of matters presented, if the
suspension and any conditions imposed on reinstatement are
warranted. The decision of the Council shall be final.
GOV-NF14.Doc (BF)
Sep 20, 1989 8:56 am
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contract NO. 89-0~4
~9B9-90 GOV!lRNKENT~L UN:". ~GREEMENT
page 5
16. In the event funds to finance this Agreement
become unavailable to the council, the council may
terminate this Agreement u~on no leSs than five (5) days
written notice to tbe prov,der. The couocil sball be tbe
final authority as to the availability of funds.
17. The council may terminate this Agreement for any
breach by the provider. If the council intends to
terminate this Agreement, notice shall be provided in
writing to the provider no less than twenty-fOUr (24)
bour' prior to the effective date of tbe teroination. Tbe
council's failure to terminate or suspend a provider for
past breaches of this Agreeeent sball not be construed as
a waiver of its rigbt to demand strict compliance vitb the
termS of the Agreement or to terminate for said breaches
or similar breaches, and shall not be construed to be a
modification of tbe teros of tbe Agreeeent. The provider
may teroinate this contrect witb or witbout c.use provided
tbat PrOVider sb.ll give .i<<Y ,'0' d.ys notice in writing
to council. Tbe council .b'" reicbnrse the provider for
.11 monieS expended np to and including tbe effective date
of the termination.
18. Notices: all notices required hereunder shall be
in writing and shall be addressed to the following
representative of the part parties:
For the council:
Barbara A. Kauffman, Executive Director
Children'S services council of palm Beach County
3111 so. Dixie Highwa~, suite 243
west palm Beach, Flor~da 33405
For the provider:
Joe weldon, Director
Delray Beach parks & Recreation Department
501 N.W. 1st Avenue
Delray Beach, Florida 33444
(407) 243-7250
GOV_NF14.DOC (BF)
sep 20, 1989 8:56 am
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Contract No. 89-014
1989-90 GOVERNMENTAL UNIT AGREEMENT
Page 6
19. This Agreement, which includes the attached
Exhibits A, B & C, contains all the terms and conditions
agreed upon by the parties. No other agreements, oral or
otherwise, regarding the subject matter of this Agreement
shall be deemed to exist or to bind any of the parties
hereto. This Agreement shall not be modified unless in
writing and signed by both parties hereto.
IN WITNESS THEREOF, the parties have caused this
Agreement to be executed by their undersigned duly
authorized officers.
PROVIDER CHILDREN'S SERVICES COUNCIL
CITY OF DELRAY BEACH PARKS & OF PALM BEACH COUNTY
RECREATION - AFTER SCHOOL
RECREATION/CHILD CARE PROGRAM
By'
'Doak S. Campbell III
Mavor
Print Name/Title
Date:
By:
Elaine Webb Alvarez,
Chairman
Date:
APPROVED AS TO FORM &
LEGAL SUFFICIENCY
By:
Thomas A. Sheehan, III
Attorney for Children's Services Council
of Palm Beach County
GOV-NF14.Doc (BF)
Sep 20, 1989 8:56 am
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TO: Robert A. Barcinski
Assistant City Manager
FROM: J. Weldon ~)
Director of~rks and Recreation
DATE:
September 18, 1989
SUBJECT:
Approval of After-School Program
Coordinator's Contract
BACKGROUND:
A-full-tIme coordinator's position is funded by the CSC
grant for the Parks and Recreation Dept. After-School/Child
Care Program. Being a grant program this person is hired as
a contractual employee rather than a City Civil Service
employee. Ms. Carolyn Parker performed well in this
capacity during the first year of this program, and is being
recommended again for that position for next year's
program.
ACTION:
CIty-Commission approval of Ms. Parker as the After-School
Program Coordinator is requested pending final of the grant
by the CSC Council.
RECOMMENDATION:
Recommen~Commission approval of Ms. Parker and the contract
for the position of After-School Program Coordinator.
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CITY OF DELRAY BEACH AFTER-SCHOOL CHILDCARE PROGRAM
COORDINATOR CONTRACT
This Contract entered into this 30th day of seotember, 198~ by
and between the CITY OF DELRAY BEACH, hereinafter referred to as "the
City" and Carolvn Parker
, hereinafter referred to
as "Coordinator".
WHEREAS, the City of Delray Beach has provided for a
after-school recreational childcare program for the use and benefit of
the citizens of Delray Beach under the administration of the Delray
Beach Parks and Recreation Department.
WHEREAS, the City has determined it to be in the public
interest to contract with an after-school recreational childcare
coordinator for the purpose of assuring competent management of the
after-school recreational childcare program in order to provide
after-school childcare to the public of the highest quality and at a
reasonable rate.
NOW, THEREFORE, inconsideration of the mutual promises
contained herein, it is agreed by and between the City and the
Coordinator that:
1. Terms of the contract:
a. The term of this contract shall commence on
October 1, 1989, and shall end at the close of business on
September 30, 1990, unless sooner terminated under the provisions
of this contract.
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b. This contract may be renewed for a period of
one (1) year. Said renewal may be instituted by the City with written
notice to the coordinator within thirty (30) days of the expiration
of this contract. The Coordinator and/or the City may, if they
mutually agree to do so, alter the terms and conditions of this
contract in the event the City renews said contract.
c. The Coordinator may terminate this agreement by
giving forty-five (45) days written notice to the City. The City
may terminate this agreement with or without cause. Should the City
terminate the agreement without cause, the City shall give thirty (30)
days written notice of said termination. Should the City find it
necessary to terminate this agreement for cause, this agreement may be
terminated immediately with no notice.
d. By execution and acceptance of this agreement and as
further consideration to induce the City to enter into this employment
agreement, the Coordinator hereby waives and forfeits any rights, if
any, he may have as a classified employee of the City. This agreement
contains all the employment provisions and conditions of the
Coordinator's employment with the city.
e. By execution and acceptance of this agreement, the
Coordinator hereby acknowledges that the Coordinator is an independent
contractor and is not an agent or employee of the City.
2. Services to be provided bv the Coordinator:
a. The Coordinator shall be responsible to the Parks
and Recreation Director or his designee for the operation and
management of any after-school recreational childcare program.
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b. The Coordinator, in conjunction with the Director
of Parks and Recreation, shall develop a curriculum, recreational
program and/or management plan for the provision of after-school
recreational childcare services.
c. The Coordinator shall insure that the after-school
program provides adequate supervision and high quality recreational
activities.
d. The Coordinator shall work a forty (40) hour week.
e. The Coordinator shall be present on the premises of
the after-school recreational childcare program from the hours of
approximately 9:00 a.m. to 6:00 p.m., Monday through Friday.
f. The City may, in addition to termination of the
contract as provided for in paragraph 1.C., above, suspend the
coordinator with or without pay, cause deduction from pay, issue
reprimands and memoranda advising of unsatisfactory performance, for
any act considered to be contrary to the best interests of the City.
3. Salarv and Compensation:
a. While this agreement is in full force and effect,
the Coordinator shall be paid for his/her services hereunder the sum
of nineteen thousand four hundred twelve and seventy-three dollars.
($19,412.73) annually to be paid in bi-weekly installments.
b. Coordinator shall receive vacation or pension
benefits from the City, as per current City POlicy.
c. The Coordinator shall be entitled to holidays and
sick leave as is currently provided to general employees.
d. The Coordinator shall be entitled to hospitalization
and other insurance as provided to general employees as per current
City policy.
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e. The Coordinator shall not be entitled to any other
benefits with the aforesaid compensation constituting the only
renumeration to be received by the Coordinator.
4. Non-discrimination Clause:
a. The Coordinator shall operate the after-school
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recreat~onal childcare program without discrimination as to sex, race,
age, creed, color or national origin.
5. Assiqnments and Subcontracts:
a. The Coordinator agrees not to assign this contact,
in whole or in part nor subcontract all or any or part of this
contract, without the written consent of the City Manager.
6. General:
a. The City shall supply additional personnel for the
operation of the after-school recreational childcare program, the
number of employees and their compensation to be determined by the
City.
b. The City shall provide the premises for the
operation of the after-school recreational childcare program and
maintain said premises.
c. The City Manager shall be the sole arbitrator of any
disputes of this agreement and his determination will be final.
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d. The laws of the state of Florida shall govern any
proceeding, action or suit brought pursuant to this agreement. Venue
shall be in Palm Beach County, Florida.
CITY OF DELRAY BEACH, FLORIDA
By:
Mayor
Attest:
City Clerk
Approved as to legal form
and sufficiency:
Assistant City Attorney
By:
COORDINATOR
Witness
Witness
REF:AFSCCONT.DOC
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MEMORANDUM
DATE:
SEPTEMBER 19, 1989
TO:
BOB BARCINSKI, ASST. CITY MANAGER
rW
PAT CAYCE, HISTORIC PRESERVATION PLANNER
STAN WEEDON, ASST. DIRECTOR, PLANNING & ZONING~
ACCEPTANCE OF THE CERTIFIED LOCAL GOVERNMENT GRANT
.AWARD AGREEMENT BY THE CITY COMMISSION
FROM:
THRU:
SUBJECT:
BACKGROUND
On October 17, 1988 the Historic Preservation Board received a
letter from the State of Florida SOliciting applications for
Certified Local Government (CLG) Federal grant-in-aid assistance
for historic preservation projects. These are matChing or better
grants. (The City was officially designated a CLG on November
22, 1988).
The HPB recommended that the City apply for ~grant in the
amount of $10,500, requesting a $5,000 from the Federal
Government and a commitment of $5,500 from the City The
Purpose of the grant is to fund a Delray Beach design guidelines
book for historic restoration, rehabilitation and construction
within local historic districts and/or designated local historic
buildings. The HPB is required by Section 174.43(S) of the City
Code of Ordinances to develop such a book.
The City Commissioners voted, at the December 13, 1988 meeting,
to approve the CLG grant application and to commit $5,500 of City
funds (see attached letter from City Manager). However, a
specific funding source has not been identified. The City
applied for the grand on December 15, 1989.
The HPB was notified that the Federal share of the CLG grant had
been awarded in the amount of $4,000. We have received the Grant
Award Agreement and have been advised by Ms. Susan Ruby,
Assistant City Attorney, that the City Commission must vote to
accept the Grant Award Agreement.
SOURCE OF FUNDS
Federal Share
City Share
Total
$4,000
5,500
$9,500
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ACTION REQUESTED
The CLG Grant Award Agreement acceptance be put on the City
Commission agenda for the September 26, 1989 meeting and that the
Commission approve the Grant Award and specify a source for the
matching funds.
Copy: Frank Spence
David Kovacs
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Historic Preservation Grant Award Agreement
A G R E E MEN T
This AG~EEMENT drawn at Tallahassee, Florida by and between
the State of Florida, Department of state, Division of Historical
Resources, hereinafter referred to as the Department, and the
City of Delray Beach, hereinafter referred to as the Grantee,
relative to the Delray Beach Preservation and Conservation Manual
ProJect, hereinafter referred to as the Project, is effective May
15, 1989 and ends June 30, 1990.
WHEREAS, the Department is responsible for the
administration of grant-in-aid assistance for historic
preservation purposes under the provisions of Section 267.0617,
Florida Statutes, and
WHEREAS, the Grantee has applied for grant-in-aid assistance
for the Project, and
WHEREAS, the said application has been reviewed and approved
in accordance with Chapter 1A-35, Rules of the Department of
State, Historic Preservation Grants-In-Aid, and
WHEREAS, grant-in-aid funds in the amount of four thousand
dollars ($4,000) have been reserved for the Project by the
Depal-tment;
WITNESSETH, that in consideration of the mutual
covenants herein contained, the Department and the Grantee hereby
agree as follows:
I, The Project, as approved for grant assistance, shall consist
of the following authorized project work:
A, Research, writlng, editing, photography, graphics,
administration and l-eproduction necessary to prepare the
Design GUidelines Manual,
B, Preparation and submission of four (4) copies of the
Design GUidelines Manual,
II, The Grantee agrees to administer the Project in accordance
with the General and Special Conditions Governing Grants and
rh' Adm,ni,rr.r'" rn,rru,rion' ,or Hi,ror" 'r.,e _r,on
,,,jerr Arroun"hilirv .r,,'hed he"" " A"eohmenr "A", .nd
rhe D.p.rrmenr-' ,ule lA-39, Florid' Admin"rrari,e code, .nd
the following specific conditiOns:
A. The Gr.nree .qree' ro ,omplere rhe ,roje,r hY June 30,
1990 .nd ,uh.ir . ,roje,r complerion ,eporr a' ,pe""ed
in ^' ",,,en r " A", wr ", ,uhparaqraph', 1 ." · j1h1n 30
daY' 0' 'omplerion 0' proj.,r .or" HO ,o.r, ,n,urr.d
prior ro M'Y 19, 1989 ar' .,iqih" ,or r.i.hur,...nr
from grant funds. NO costs incurred after the above
project work completion date will be eligible for
r.,mhur,.m.nr unl'" ,p,'i'i,a11Y .urhOrir.d hY rh'
Department before the cost is incurred. NO costs
In,urred ,'rer rhe ,roje,r complerlon ,eporr i' .ppro,e'
bY the Department are eligible for reimbursement.
.. Fund. ,h,ll he e,pended ."ord'nq ro rhe 'ol10.,nq
C, The Grantee shall be responsible for all work
Total
Federal share
Non-Federal share
$2,000.00
$1,848.00
$4,152.00
$1.500.00
$9,500.00
$4,000,00
$5,500,00
budget:
Editor
printing and Binding
consultants
production
performed and all expenses incurred in connection
with the project, The Grantee understands and
agrees that any work performed or expenses incurred on
the project is undertaken at the sole risk of the
Grantee. Neither the Department nor the state of Florida
shall be financiallY liable for any expenses incurred in
connection wit11 the project by the Grantee or its
professional consultants, contractors, or agents,
D, The Grantee shall submit complete bid documents,
including plans and specifications, to the Department
for review and approval prior to the execution of anY
contract for constructiOn work.
E. The Grantee shall submit anY and all proposed
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contracts for the procurement of goods and/or
services relating to the Project, and all proposed
contract change orders or amendments for review and
approval by the Department prior to the final
execution of said contracts and contract change
orders or amendments; but said review and approval
shall not be construed as imposition upon or
acceptance by the Department of financial liability
in connection with said contracts or contract change
orders.
F. The Grantee shall coordinate consultation between its
professional consultants and appropriate Department
staff representatives as necessary to assure mutual
understanding of and agreement on the objectives,
requirements, and limitations of the Project in
relation to the state historic preservation program.
G. The Grantee hereby agrees to indemnify and hold the
Department harmless from any and all claims or demand
for any personal injury or property damage resulting
or occurring in connection with any activities
conducted under this Agreement and shall investigate
all claims of every nature at its expense, In
addition, the Grantee hereby agrees to be
responsible for any injury or property damage
resulting from any activities conducted under this
Agreement,
H, The Department reserves the right to cancel this
Agreement unilaterally in the event that the Grantee
refuses to allow public access to all documents or
other materials subject to the provisions of Chapter
119, Florida statutes, and made or received by the
Grantee in conjunction with this Agreement.
I, Bills for fees or other compensation for services or
expenses shall be submitted in detail sufficient for
a proper preaudit and postaudit thereof and bills for
any travel expenses shall be submitted and paid in
-3-
accordance with Section 112.061, Florida statutes.
J. The Grantee recognizes that the State of Florida, by
virtue of its sovereignty, is not required to pay any
taxe. on the services and/or goods or equipment
purchased as an incident to such service.
K. The state of Florida's performance and obligation to
pay under this contract are contingent upon an annual
appropriation by the Legislature.
L. All products must be in compliance with the fOllowing
secretary of the Interior's Standards: Preservation
Planning.
M, In addition to the terms detailed in this Grant
Award Agreement, all Federal requirements
governing grants (Office of Management and Budget
Circulars A-87 or A-21, A-102 or A-110, and A-
128) are applicable.
N. The grantee is required to comply with the Single
Audit Act of 1984 for state or local governments
or the audit requirements of Office of Management
and Budget Circular A-110 for universities and
nonprofit organizations.
III. The Department agrees to reimburse the Grantee,
contingent upon availability of grant funds, and upon
receipt and verification of the Grantee's request and
documentation, for 50% of the allowable Project costs
pursuant to and as defined in Attachment "A", of
authorized Project work as defined in
Section I above, up to a maximum reimbursement of four
thousand dollars ($4,000) or the amount of actual cash
expended by the Grantee .for project work, whichever is
less, Reimbursement for project costs will also be
contingent upon all authorized project work being in
compliance with the aforementioned Secretary of the
Interior's standards. The Department further agrees to the
following conditions:
A, The Department shall review and approve as to form
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and content all proposed contracts of the Grantee
for the procurement of goods and/or services
relating to the project work and all proposed
contract change orders or amendments prior to final
execution of said contracts, change orders or
amendments, but said review and approval shall not
be construed as acceptance by or imposition upon
the Department of any financial liability in
connection with said contracts.
B. The Department shall review and approve detailed
plans, specifications, and other bid documents for
construction work relatlng to the Project prior to
the execution of any contract for such work; review
and comment on all preliminary reports and
recommendations; and confer with the Grantee and
its professional consultants as necessary
throughout the course of the Project, to assure
compliance with the objectives, requirements and
limitations of the state historic preservation
program,
C. It is expressly understood and agreed that any articles
which are the subject of, or required to carry out this
Agreement shall be purchased from the corporation
identified under Chapter 946, Florida Statutes, in the
same manner and under the procedures set forth in
the purposes of this contract the person, firm, or
Section 946,515(2) and (4), Florida Statutes; and for
this contract shall be deemed to be substituted for
other business entity carrYing out the provisions of
this Agreement insofar as dealing with such
corporation,
IV. This instrument embodies the whole Agreement of the
.
obligations other than those contained herein; and this
parties, There are no provisions, terms, conditions, or
Agreement shall supersede all previous communications,
-5-
representations or agreements, either verbal or written,
between the parties hereto. No change or addition to this
Agreement shall be effective unless in writing and properly
executed by the parties.
V. Any provision of this Agreement in violation of the laws of
the state of Florida shall be ineffective to the extent of
such violation, without invalidating the remaining
provisions of this Agreement.
VI. The fOllowing provisions shall apply for the vOluntary and
involuntary suspension or termination of the grant by
either the Department or the Grantee:
A, Suspension. suspension is action taken by the Department
which temporarily withdraws or limits the Grantee's authority
to utilize grant assistance pending corrective action by the
Grantee as specified by the Department or pending a decision
by the Department to terminate the grant.
1. Notification. When the Grantee has materially failed to
comply with the terms and conditions of the grant, the
Department may suspend the grant after giving the Grantee
reasonable notice (usually 30 calendar days) and
opportunity to show cause why the grant should not be
suspended. The notice of the suspension will detail the
reasons for the suspension, any corrective action
required of the Grantee, and the effective date of the
suspension,
2, Commitments, No commitments of funds incurred by the
Grantee during the period of suspension will be allowed
under the suspended grant, unless the Department
expressly authorizes them in the notice of suspension or
an amendment to it, ~ecessary and otherwise allowable
costs which the Grantee could not reasonably avoid during
the suspension period will be allowed if they result
from charges properly incurred by the Grantee before the
effective date of the suspension, and not in anticipation
of suspension or termination. At the discretion of the
Department, third party contributions applicable to the
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suspension period may be allowed in satisfaction
of matching share requirements.
3. Adjustments to payments. Appropriate adjustments to the
payments submitted after the effective date of suspension
under the Suspended grant will be made either by
Witholding the payments or by not allowing the Grantee
credit for disbursement made in payment of unauthorized
costs incurred during the suspension period.
4. SuspenSion period. SuspenSions will remain in effect
until the Grantee has taken corrective action to the
satisfaction of the Department or given written evidence
satisfactory to the Department that correctiVe action
will be taken, or until the Department terminates the
grant.
B, Termination is the cancellation of grant assistance, in whole
or in part, under a grant or project at any time prior to the
date of completion,
1, Termination for cause. The Department may terminate the
grant in whole or i~part, at any time before the date of
completion, whenever it is determined that the Grantee
has failed to comply with the ter~s and conditions of the
grant. The Department will promptly notify the Grantee
in writing of the termination and the reasons for the
termination, together with the effective date. Payments
made to the Grantee or recoveries by the Department under
grants terminated for cause will be in accordance with
the legal rights and liabilities of the parties.
2, Termination for convenience, The Department or the
Grantee may terminate the grant in whole or in part when
both parties agree that the continuation of the project
would not produce beneficial results Commensurate with
the further expenditure of funds, The two parties will
agree upon the termination conditions, including the
effective date, and in the case of partial terminations,
the portion to be terminated.
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3, Termination by Grantee. The Grantee may unilaterally
cancel the grant at any time prior to the first payment
on the grant although the Department must be notified in
writing. Once initiated, no grant shall be terminated
by the Grantee prior to satisfactory completion without
approval of the Department. After the initial payment,
the Project may be terminated, modified, or amended by
the Grantee only by mutual agreement of the Grantee and
the Department. Request for termination prior to
completion must fully explain the reasons for the action
and detail the proposed disposition of the uncompleted
work,
4, Commitments. When a grant is terminated, the Grantee
will not incur new obligations for the terminated portion
after the effective date of termination. The Grantee
will cancel as many outstanding obligations as possible.
The Department will allow full credit to the Grantee for
the Department's share of the noncancellable obligations
properly incurred by the Grantee prior to termination.
Costs incurred after the effective date of the
termination will be disallowed.
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IN WITNESS WHEREOF, the Department and the Grantee have read
this Agreement and the Attachments hereto and have affixed their
signatures:
WITNESSES:
DEPARTMENT OF STATE
GEORGE W. PERCY
Director, Division of
Historical Resources
SUZANNE P. WALKER
Chief, Bureau of Historic
Preservation
Division of Historical
Resources
CITY OF DELRAY BEACH
WALTER BARRY
City Manager
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[Iry OF DELAAY BEA[H
FIRE DEPARTMENT
M E M 0 RAN DUM
KEClQy 3. KGEN
TO:
MALCOLM T. BIRD, INTERIM CITY MANAGER
KERRY B. KOEN, FIRE CHIEF
SEPTEMBER 20, 1989
ATTACHED CONTRACT FOR THE SCHOOL BOARD OF PALM
BEACH COUNTY
FROM:
DATE:
SUBJECT:
The attached contract for Emergency Medical Technology
Training provides an opportunity for Emergency Medical students
to spend a portion of their clinical training time on an active
paramedic rescue unit. This has been a routine practice for some
time and affords students direct observation opportunities in
actual field situations. The students perform no procedures
while with our rescue units.
This one year agreement is mutually beneficial to both the
School Board and the City and therefore it is recommended for
approval. The attached agreement has been reviewed and approved
as to form by the City Attorney's Office.
\(~'b. ~._
Kerry B. Koen
Fire Chief
KBK/ew
Attachments: 3 Copies of Contract
Agenda Request
cc: Capt. Trawick
Asst. Chief Rehr
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AGREEMENT
BETWEEN
THE SCHOOL BOARD OF PALM BEACH COUNTY
AND
CITY OF DELRAY BEACH
FOR
EMERGENCY MEDICAL TECHNOLOGY EDUCATION
I. PARTICIPATING AGENCIES:
The participating agencies in this agreement are The School Board of
Palm Beach County, Florida, hereinafter called the "SCHOOL BOARD," and
CITY OF DELRAY 8EACH, hereinafter called the EMS "PROVIDER."
II. STATEMENT OF AGREEMENT:
This is a mutual agreement between the administration of the Provider
and The School Board of Palm 8each County, Florida, that the EMS
Provider will accept Emergency Medical Technology students from the
Vocational-Technical Education Programs for supervised learning
experiences in the care of patients in accordance with the provisions
set forth in this agreement.
Whereas the parties hereto recognize that the School Board is in need of
health care facilities to train vocational education students in the
area of Emergency Medical Technology Education pursuant to the State
Plan for Vocational Education of the State Department of Education and
Palm Beach County School Board policies and procedures;
And whereas the parties hereto recognize that interest in promoting
those educational goals and objectives of the State Department of
Education and the Palm 8each County School Board which further
excellence in EMS;
And whereas the Provider desires to provide the necessary EMS facility
for observation and selected clinical experiences to assist this program
both parties therefore agree, in consideration of the mutual covenants
and agreements expressed herein, as follows:
III. GENERAL PROVISIONS OF THE AGREEMENT:
1. The education of the student shall be the primary purpose of the
training programs.
2. The School Board shall be responsible for the education of the
student.
3. The School Board shall be responsible for selecting learning
experiences for the students with the assistance and cooperation
of the EMS Provider personnel.
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4. The EMS Provider agrees to share in the education of the student
through the cooperation and assistance of its EMS staff with the
faculty of the School Board and in the guidance and supervision of
the students.
5. The Provider agrees to accept a maximum number of twenty students
and four classes per year for observational experiences.
6. Students will be involved chiefly in learning experiences through
observation; however, in order to conform to the requirements of
the Florida Department of Education Program Course Standards and
the Department of Health and Rehabilitative Services Rules,
didactic instruction reinforced in the clinical area will be
offered by the provider. Any such instruction MUST be supervised
by trained authorized instructors and such instruction shall
conform to Chapter 100-66.58 (3) (e) and (f) 3. Rules of
Department of Health and Rehabilitative Services. Emergency
Medical Technicians shall be trained in the BASIC MINIMUM SKILLS
as outlined in Chapter 100-66.56 (1) of HRS Emergency Medical
Services Rules.
7. The School Board agrees to comply with the applicable established
policies and practices of the EMS Provider. The EMS Provider
shall be responsible for providing the School Board with all
applicable established policies and practices of the EMS facility.
8. The School Board recognizes its liability for certain tortious
acts of its agents, officers, and employees to the extent and
limit provided in 768.28, Florida Statutes, The State of Florida's
partial waiver of sovereign immunity, provided, however, this
provision shall not be construed as a waiver of any right of
defense that the Board may possess and reserves all such rights as
against any and all claims that may be brought under this
agreement.
9. The EMS provider will be liable for any acts of omissions for its
employees.
10. The EMS Provider is an independent contractor and not agents,
employees, partners, associates, or joint ventures of the 8oard.
The students and faculty of the Board are not employees, servants,
or agents of the EMS Providers but rather: 1) the students are
students of the School 8oard, and 2) the faculty are employees of
the School 8oard. There are no third party beneficiaries of or to
this Agreement.
IV. THE SCHOOL 80ARD'S RESPONSIBILITY:
1. To maintain standards recommended in the State Plan for Emergency
Medical Technology Education of the State Department of Education
and standards and procedures as outlined in the Florida
Administrative Code of the Florida Department of Health and
Rehabilitative Services.
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2. To employ Florida certified EMT or Paramedic faculty who shall be
responsible for implementing the philosophy and the objectives of
The School Board and developing the curriculum.
The faculty shall be responsible for:
a. Selecting assignments in cooperation with EMS personnel and
supervising students in their learning experiences.
b. Planning for concurrent related instruction (informal and
formal classroom) as needed to meet the objectives of the
program. This instruction will be scheduled during the
regular hours of the program.
c. Maintaining individual records of class and clinical
instruction, emergency medical technology practice, and
evaluation of student competency and health.
d. Preparing a clinical rotation plan for services to be used
for experience and securing the written approval of the plan
from the Director of the EMS facility prior to the beginning
of the affiliation. 8efore any material changes are made in
the plan, they will be discussed and approved in writing by
the Director of the EMS facility.
V. THE EMS FACILITY'S RESPONSIBILITY:
1. To make available to faculty and students EMS facilities and
clinical services for planned learning experiences through
observation and selected clinical experiences in the emergency
medical technology curriculum.
2. To share and assist in the responsibility for the guidance and
supervision of the students, particularly in restricted areas.
3. The EMS Provider may include members of the faculty of the School
Board in EMS staff meetings when policies to be discussed will
affect or are related to the emergency medical technology
program. The EMS Provider shall, at all times, provide The School
Board with written notice of the changes in EMS policy and
procedures in a timely manner, especially as such policies and
procedures relate to or affect the Emergency Medical Technology
program.
VI. THE SCHOOL BOARD POLICIES:
1. The educational program shall consist of no less than six hours
per week of classroom instruction, laboratory practice and
experiences in selected learning situations in hospitals and other
health agencies. The division and arrangement of time to include
the theoretical and clinical learning experiences shall be deter-
mined by the faculty, and be based upon the needs of the students
for specific learning experiences to meet the objectives of the
program.
-3-
l
.
2. The vocational school day is up to six and one-half hours, Monday
through Friday.
3. Students will be regularly assigned for EMS experience Monday
through Friday.
4. Students will be given holidays as provided for ln the regular
school calendar.
VII. REQUEST FOR WITHDRAWAL OF STUDENT:
The participating EMS Provider has the right to request the School
Board to withdraw any student from its facilities whose conduct or work
is not, in the reasonable opinion of the administrator of the EMS
facility, in accordance with acceptable standards of performance.
The School Board may at anytime withdraw a student whose progress,
conduct, or work does not meet the standards of the School Board for
continuation in the program.
VIII. TERMINATION OF AGREEMENT:
If either party to this agreement wishes to terminate this agreement,
at least thirty days' written notice shall be given by either
participating agency, and termination including withdrawal of students
and faculty from the EMS facility shall occur at least thirty days from
receipt of written notice. For purposes of notice, the School Board
representative shall be the Director of the Vocational-Technical
Education Department, The School 80ard of Palm Beach County.
IX. STUDENT INSURANCE:
Each student will provide proof of professional liability insurance
coverage with minimum limits of $500,000/$1,000,000.
X. MODIFICATION OF AGREEMENT:
Modification of the agreement shall be made only upon mutual consent of
both parties and a contract addendum shall be executed by both parties
hereto.
XI. TITLE IX AGREEMENT:
The participating agency agrees not to discriminate against any trainee
in any manner whatsoever on account of race, creed, color, age, sex,
handicap or national origin.
XII. LENGTH OF AGREEMENT:
This agreement will be effective for the fiscal year July 1, 1989,
through June 30, 1990.
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XIII. RENEWAL OF AGREEMENT:
It is the intent of both parties to review this agreement each year and
renew if approved by both parties.
XIV. COPIES OF THIS. AGREEMENT:
Copies of this contractual agreement shall be submitted to the office
of the State of Florida Department of Health and Rehabilitative
Services.
Copies of the contractual agreement shall be placed on file 1n the
Vocational-Technical Education Department.
Dated this _____ day of
, 19
Agency
THE SCHOOL BOARD OF
PALM BEACH COUNTY, FLORIDA
By
Attest
D0702CJA
8y
Administrator
Arthur W. Anderson
Chairman
(SEAL)
Attest
Secretary
Thomas J. Mi 11 s
Superintendent
nbi/VOC/Form-EMT.(1-5)
165/5
9/1/89
-5-
.
Last Name
Alfard
Barletta
Bellus
Bilow
Bisogno
Blieka
Bradford
Brand
Brooks
Brown
Brown
Brunner
Burgess
Carow
Cofman
Colla
Collins
Collins
Coltman
Coltman
Cooper
Daly
Danzig
Dazey
Dearstyne
DeMarco
DeMarco
DePasquale
DePasquale
Diamond
DiCorpo
Doerr
Donshik
Donshik
Doyne
Drazba
Dunn
Ehle
Ehle
Eriksen
Ewers
Fasati
Feldman
Feldman
Ferguson
Fidel
Fine
Flaskamp
Ford
Fowler
Frieder
Gabel
Genhold
Gonder
Gotz
Gotz
Grambow
Green
Greenhut
Greenhut
Grossman
Hennessey
Higgins
Hoffman
Hoffman
Hoffman
Howard
Howard
Howard
Howenstine
Hugh
Hughes
Humphreys
LIST OF POLL WORKERS
First Name
Mary R.
Rose
Shirley
Bernice G.
Alfonso C.
. Anna
Regina C.
Dorothy
Dorothy
Mattie C.
Richard M.
Edith
Emily
Phil
Beatrice
Frances
Rollin
Violet C.
Jane
John
Celia
Helen
Sylvia
Elaine
Beatrice 1.
Frances
Walter J.
Frances M.
Louis
Beatrice
Marie F
Betty
Pearl
Sidney
Edith
Margaret M.
Ethel
Elsie
Otto
Juanita
Mae
Mrs.
Herman
Lillian
Myron
Rina
Leanore K.
June Rose
Anne R.
Roy W.
Lenore
Raymond J.
Josephine
Ellen
Esta
Louis
Victoria E.
Gwendolyn
Lillian
William
Lucille
Dorothy
William L.
Esther
John
Mary K.
Esther H.
Rose
William
Hazel
Helen
Ira
Frances M.
Last Name
Ives
Ives
Ivy
Jiggins
Kanir
Kantor
Kantor
Keen
Kellerman
Kierstein
Kierstein
Koenig
Kopietz
Kopietz
Kretsky
La Londe
La Lande
Landy
Laster
Leff
Legat
Legat
Lobel
Long
Lynch
Macy
Macy
Malloy
Maus
McComb
McManus
Messer
Morley
Nigro
Nigro
Q'Flynn
Ollmert
Ollmert
Orr
Quaranta
Papernik
Parisi
Pasquariello
Pendill
Phillips
Piekarz
Pittel
Pluese
Pluese
Port
Port
Portner
Prague
Prague
Purdy
Purdy
Reale
Riegler
Rog
Rosenbaum
Rosenbaum
Rosenberg
Rosenberg
Rosenberg
Rosenberg
Rosenzweig
Rosenzweig
Rothberg
Rothberg
Royce
Royce
Rubin
Ryan
First Name
Helen
Irwin
Lemon
Agnes
Lilyan
Arlene
Harold
Betty
Mathilde
Ann
Leo
Wilma
Eunice
Walter
Ethel
George V.
Miriam L.
Harriet
Iverson
Herman B.
Delena
Mil ton
Marion
Helen
Joseph A.
Anthony J.
June K.
Frances
Mary
Patricia
Margaret
Cora L.
Barbara
Louis
Marie
Thomas
Lois
Richard M.
Pat E.
Angela
Bertha
Annette
Al fred
Edna Mae
Lillian
Nick
Adeline
John
Mary
Joel
Rose
Victor
Burton S.
Sylvia Z.
Guy
Velda
Victor
Henrietta
Netty
Albert
Mildred
Jack
June
Norman
Sylvia
Helen
William
Edythe
Samuel
Betty A.
John A.
Ethel
Kathleen J.
L{JS
Last Name
Sacks
Schacher
Scherer
Schwartz
Schwartz
Seifert
Selig
Shpack
Silverman
Silverman
Sloan
Sloan
Smith
Sohmer
Soloway
Soloway
Spade I
Stackhouse
Starr
Starr
Stillman
Sti tzer
Stokes
Strompf
Sullivan
Swem
Syrop
Syrop
Thomas
Vanis
Vanis
Vedelli
Vitale
Walsh
Walter
Wieder
Wieder
wilson
Winer
Wolf
Woodside
Worthing
Yorkilous
Zipkin
First Name
Myra
He len
Mildred M.
.Charles
Ruth
Claire
Joan
Max
Bernard
Ruth
Annie R.
J.N.
Joyce
Roslin
Sidney
Hattie
Florence G.
Ben
Florence
Milton
Ann
Warren W.
Minnie
Rose
Terrance
Ma rtha
Anne
Leonard
Lenora
Edward
Lillian
Joseph
Rose
Mary
Martha
Mr. Jean
Rose
Margaret
Elaine
Ruth
Herbert
Hallie
Helen
Shirley
C I T Y
COM MIS S ION
DOC U MEN TAT ION
TO:
ROBERT A. BARCINSKI, ASSISTANT CITY MANAGER
~ri~
FRANK R. SPENCE, DIRECTOR
~LOPMENT SERVICES GROUP
~~~A~~~R
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF SEPTEMBER 26, 1989
CONSIDERATION OF A REQUEST FOR EXTENSION OF A
PREVIOUSLY APPROVED CONDITIONAL USE REOUEST - CHRIST
MISSIONARY BAPTIST CHURCH
VIA:
FROM:
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of an extension of an approved conditional use and
attended site plan.
The project is the proposed Christ Missionary Baptist Church~
was initially approved by the City Commission on March 8,
1988.
BACKGROUND:
Rev. Mitchell appeared before the Planning and Zoning Board and
told of the difficulties which have been encountered in trying to
get certified plans ready for this project.
There have not been any changes in development regulations nor in
the circumstances of the project or immediate neighborhood which
would affect the previously made findings.
PLANNING AND ZONING BOARD CONSIDERATION:
At it's meeting of September 18, 1989, the Planning and Zoning
Board unanimously recommended approval of the extension request.
RECOMMENDED ACTION:
By motion, approve the requested
and site approval for Christ
conditioned, for an additional
this date of September 26, 1989.
extension
Missionary
period of
to the conditional use
Baptist Church, as
eighteen months from
Attachments:
face sheet of P&Z staff report
site plan reduction
~
PLANNING 8 ZONING
CITY OF OELRAY
BOARD
BEACH
MEETING DATE:
STAFF REPORT
SEPTEMBER 18. 1989
AGEtIDA ITEM:
IV. G,
EXTENSION OF CONDITIONAL USE AND SITE PLAN APPROVAL FOR CHRIST MISSIONARY
ITEM: BAPTIST CHURCH (SoW. 8th STREET)
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GENERAL
DATA:
Owner........................... .Christ Mi.sionary B.l.ptlat Church
Agent.......................... .Bert1 Gentry
Gentry Engineering, Land
Surveying, Inc..
Location....... .................North stde of S.W. 8th Street,
between S.W. 2nd Avenue and
S. Swinton Avenue.
Property Size...................73.754 Sq. ft. 11.69 Acres)
Community Redevelopment Pl.n....Single F4mily Residential
City Zoninq..,.....,........... ,R-1A ISlnqle-F&IIlily Dwellinq
District)
Adjacent Zonlnq.................The subject property 1s
surrounded by R41A .zoning.
Existing Land Use...............Vacant land
Proposed Land Use...............A 5.152 sq. ft. church with.
seatin9 capacity of 100 people
Water Service...... ............ . Extension of 6" wa.ter ma.in from
S.W. 7th Street south, along the
West side of the S.W. 2nd Avenue
right-of.way ana the west side of
the subject property. The
proposed extension will dead-end
at the SOUtwest corner of the
site.
Sewer Service................... Proposed 6" service line to tap
into the existinq 8" qravity
sewer on S.W. 8th Street.
ITEM:
IV, G.
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2.: 4. Do)'
RESOLUTION NO. 67-89
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS
FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN
THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF
LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING
OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF
NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE
DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE
RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO
BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESS-
MENTS .
WHEREAS, the City Manager or his designated representative has,
pursuant to Chapter 100 of the Code of Ordinances, declared the exis-
tence of a nuisance upon certain lots or parcels of land, described in
the list attached hereto and made a part hereof, for violation of the
provisions of Chapter 100 of the Code of Ordinances; and,
WHEREAS, pursuant to Section 100.20, 100.21 and 100.22 of the
Code of Ordinances of the City of Delray Beach, the City Manager or his
designated representative has inspected said land(s) and has determined
that a nuisance existed in accordance with the standards set forth in
Chapter 100 of the Code of Ordinances, and did' furnish the respective
Owner(s) of the land(s) described in the attached list with written
notice of public nuisance pursuant to Sections 100.20, 100.21 and 100.22
of the Code of Ordinances describing the nature of the nuisance(s) and
sent notice that within ten (10) days from the date of said notice
forty-two (42) days in the case of violation of Section 100.04 pertain-
ing to seawalls) they must abate said nuisance, or file a written
request for a hearing to review the decision that a nuisance existed
within ten (10) days from the date of said notice, failing which the
City of Delray Beach would proceed to correct this condition by abating
such nuisance, and that the cost thereof would be levied as an assess-
ment against said property; and,
WHEREAS, the property owner(s) named in the list attached
hereto and made a part hereof did fail and neglect to abate the
nuisance(s) existing upon their respective lands or to properly request
a hearing pursuant to Section 100.21 and 100.22 within the time limits
prescribed in said notice and Chapter 100 of the Code of Ordinances, or
if the property owner(s) did request and receive a hearing, said prop-
erty owner(s) failed and/or neglected to abate such nuisance (s) wdithil)
the time designated at the hearing wherein a decision was ren erect
aaverse to the property owner(s); and,
WHEREAS, the City of Delray Beach, through the City Administra-
tion or such agents or contractors hired by the City Administration was
therefore required to and did enter upon the land(s) described in the
list attached and made a part hereof and incurred costs in abating the
subject nuisance(s) existing thereon as described in the notice; and,
WHEREAS, the City Manager of the City of Delray Beach has,
pursuant to Chapter 100 of the Code of Ordinances of the City of Delray
Beach, submitted to the City Commission a report of the costs incurred
in abating said nuisance (s) as aforesaid, said report indicating the
costs per parcel of land involved; and,
WHEREAS, the City Commission of the City of Delray Beach,
pursuant to Chapter 100 of the Code of Ordinances desires to assess the
cost of said nuisance(s) against said property owner(s),
t+1
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DEL RAY 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 I s cost of abating the aforesaid nuisances upon the lots or
parcels of land described in said report, a copy of which is attached
hereto and made a part hereof, are hereby levied against the parcells)
of land described in said report and in the amount(s) indicated thereon.
Said assessments so levied shall, if not paid within thirty (30) days
after mailing of the notice described in Sec. 3, become a lien upon the
respective lots and parcells) of land described in said report, of the
same nature and to the same extent as the lien for general city taxes
and shall be collectible in the same manner as mortgages and fore-
Closures are under state law.
Section 2. That such assessments shall be legal, valid and
binding obligations upon the property against which said assessments are
levied.
Section 3. That the City Clerk of the City of Delray Beach is
hereby directed to immediately mail by first class mail to the owner(s)
of the property, as such ownership appears upon the records of the
County Tax Assessor, notice(s) that the City Commission of the City of
Delray Beach on the 26th dav of September, 1989 has levied ~n
assessment against said property for the cost of abatement of sa~d
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. A Notice of Lien shall be mailed,
along with the Notice of Assessment and this resolution.
Section 4. That this resolution shall become effective thirty
(30) days from the date of adoption and the assessment (s) contained
herein shall become due and payable thirty (30) days after the mailing
date of the notice of said assessment(s), after which a lien shall be
placed on said property(s), and interest shall accrue at the rate of
eight (8) percent per annum plus, if collection proceedings are
necessary, the costs of such proceedings including a reasonable
attorney's fee.
Section 5. That in the event that payment has not been
received by the City Clerk within thirty (30) days after the mailing
date of the notice of assessment, the City Clerk is hereby directed to
record a certified copy of this resolution in the public records of Palm
Beach County, Florida, and upon the date and time of recording of the
certified copy of this resolution a lien shall become effective on the
Subject property which shall secure the cost of abatement, interest at
the rate of 8 %, and collection costs inClUding a reasonable attorney's
fee.
of
PASSED AND ADOPTED in regular session on this the 26th
September , 1989.
day
ATTEST:
MAYOR
City Clerk
- 2 -
Res. No. 67-89
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCES
PROPERTY DESCRIPTION
LOT 12, DECARIE SUB., PB 24,
P 102, PUBLIC RECORDS, PALM
BEACH COUNTY, FL
(335 DECARIE STREET)
LOT 18, BELLEHAVEN UNIT B,
PB 27, P 27, PUBLIC RECORDS,
PALM BEACH COUNTY, FL.
(313 SW 11TH AVENUE)
LOT 2 & N6' OF LOT 3 (LESS W5'
RD R/W), BLOCK 74 (OLD SCHOOL
SQUARE HISTORIC DISTRICT),
PB 11, P 12, PUBLIC RECORDS,
PALM BEACH COUNTY, FL.
(239-239 1/2 NE 1ST AVENUE)
LOT 15, SUB. OF 17-46-43,
N 1/2 OF SE 1/4 OF SE 1/4 OF
SW 1/4 UNREC., PB 1, P 3,
PUBLIC RECORDS, PALM BEACH
COUNTY, FL.
(901 SW 3RD COURT)
N127' OF W 135' OF BLK 2, TOWN
OF DELRAY, PB 1, P 3, PUBLIC
RECORDS, PALM BEACH COUNTY, FL.
(239 NW 8TH AVENUE)
N65' OF W135' OF BLK 26, TOWN
OF DELRAY, PB 5, P 64, PUBLIC
RECORDS, PALM BEACH COUNTY, FL.
(245 NW 5TH AVENUE)
S150' OF W 135.5' OF BLK 26,
TOWN OF DELRAY, PB 5, P 64,
PUBLIC RECORDS, PALM BEACH
COUNTY, FL.
(NW 5TH AVENUE)
LOT 22, BLK 4, MONROE SUB.,
PB 14, P 67, PUBLIC RECORDS,
PALM BEACH COUNTY, FL.
(NW 1ST AVENUE)
LOT 22, BLK 15, TOWN OF DELRAY,
PB 13, P 18, PUBLIC RECORDS,
PALM BEACH COUNTY, FL.
SW 7TH AVENUE & SW 3RD STREET)
LOT 23, BLK 15, TOWN OF DELRAY,
PB 13, P 18, PUBLIC RECORDS,
PALM BEACH COUNTY, FL.
(SW 7TH AVENUE & SW 3RD STREET)
LOT 24, BLK 15, TOWN OF DELRAY,
PB 13, P 18, PUBLIC RECORDS,
PALM BEACH COUNTY, FL.
(SW 7TH AVENUE & SW 3RD STREET)
LOT 25, BLK 15, TOWN OF DELRAY,
PB 13, P 18, PUBLIC RECORDS,
PALM BEACH COUNTY, FL.
(SW 7TH AVENUE & SW 3RD STREET)
LOT 26, BLK 15, TOWN OF DELRAY,
PB 13, P 18, PUBLIC RECORDS,
PALM BEACH COUNTY, FL.
(SW 7TH AVENUE & SW 3RD STREET)
S50' OF N150' OF W135' OF
BLK 14, TOWN OF DELRAY, PB 1,
P 3, PUBLIC RECORDS, PALM
BEACH COUNTY, FL.
(109 SW 7TH AVENUE)
OWNER
E.O. JR & CYNTHIA BOOTH
(HUSBAND AND WIFE)
335 DECARIE STREET
DELRAY BEACH, FL. 33444
G. & DOROTHY M. MACK
(HUSBAND AND WIFE)
309 SOUTH SWINTON AVENUE
DELRAY BEACH, FL 33444
KENNETH C. &
PATRICIA K. RODE
(HUSBAND AND WIFE)
ROUTE 1, BOX 191R
HIAWASSEE, GA. 30546
MYRTLE WOODS
901 SW 3RD COURT
DELRAY BEACH, FL. 33444
PEGGY G. STOKES
1100 SW 4TH AVENUE
BUILDING 15 lIA
DELRAY BEACH, FL. 33444
FREDERICK D. MC COY
CIO MARY J. GREEN
4950 NW 15TH COURT
MIAMI, FL. 33142
FREDERICK D. MC COY
C/O MARY J. GREEN
4950 NW 15TH COURT
MIAMI, FL. 33142
ALFRED STRAGHN
26 SW 5TH AVENUE
DELRAY BEACH, FL. 33444
ALVAN E. MCFORD
17831 NW 47TH AVENUE
CAROL CITY, FL. 33055
ALVAN E. MCFORD
17831 NW 47TH AVENUE
CAROL CITY, FL. 33055
ALVAN E. MCFORD
17831 NW 47TH AVENUE
CAROL CITY, FL. 33055
ALVAN E. MCFORD
17831 NW 47TH AVENUE
CAROL CITY, FL. 33055
ALVAN E. MCFORD
17831 NW 47TH AVENUE
CAROL CITY, FL. 33055
R.I. & MARYLIN S. BARON
(HUSBAND AND WIFE)
6401 N. BAY ROAD
NORTH MIAMI BEACH
FLORIDA 33141
-3-
ASSESSMENT
$385.00
50.00 (ADM. COST)
(RECORDING)
$250.00
50.00 (ADM. COST)
(RECORDING)
$120.00
50.00 (ADM. COST)
(RECORDING)
$205.00
50.00 (ADM. COST)
(RECORDING
$ 70.00
50.00 (ADM. COST)
(RECORDING)
$ 70.00
50.00 (ADM. COST)
(RECORDING)
$ 70.00
50.00 (ADM. COST)
(RECORDING)
$ 80.00
50.00 (ADM. COST)
(RECORDING)
$ 23.00
10.00 (ADM. COST)
(RECORDING)
$ 23.00
10.00 (ADM. COST)
( RECORDING)
$ 23.00
10.00 (ADM. COST)
(RECORDING)
$ 23.00
10.00 (ADM. COST)
(RECORDING)
$ 23.00
10.00 (ADM. COST)
(RECORDING)
$ 75.00
50.00 (ADM. COST)
(RECORDING)
Res. No. 67-89
COST vF ABATING NUISANCES UNDRR CHAPTER 100
OF THE CODE OF ORDINANCES
PROPERTY DESCRIPTION
LOT 19, BLK 12, MONROE SUB.,
PB 14, P 67, PUBLIC RECORDS,
PALM BEACH COUNTY, FL
(NW 6TH AVENUE)
LOT 7, BLK 3, LAK~ IDA GARDENS
AMENDED PLAT, PB 23, P 192,
PUBLIC RECORDS, PALM BEACH
COUNTY, FL.
(400 NW 12TH STREET)
N53.05' OF S153.05' OF W
151.47' OF BLK 6, TOWN OF
DELRAY, PB 1, P 3, PUBLIC
RECORDS, PALM BEACH COUNTY,
(137 SW 8TH AVENUE)
LOT 15, BLK 4, DELRAY SHORES,
PB 24, P 233, PUBLIC RECORDS,
PALM BEACH COUNTY, FL.
(CORTEZ LANE)
S30' OF N90' OF E 135' OF BLK
10, TOWN OF DELRAY, PB 1, P 3,
PUBLIC RECORDS, PALM BEACH
COUNTY, FL.
(NW 6TH AVENUE)
S50' OF N200' OF W120' OF
BLK 25, TOWN OF DELRAY, PB 5,
P 2, PUBLIC RECORDS, PALM BEACH
COUNTY, FL.
(NW 5TH AVENUE)
LOT 8, BLK 15, OSCEOLA PARK,
PB 3, P 2, PUBLIC RECORDS,
PALM BEACH COUNTY, FL.
(SE 10TH ST & SE 2ND AVENUE)
LOT 9, BLK 15, OSCEOLA PARK,
PB 3, P 2, PUBLIC RECORDS,
PALM BEACH COUNTY, FL.
(SE 10TH ST & SE 2ND AVENUE)
LOT 23, BLK C, RIDGEWOOD
HEIGHTS, PB 14, P 44, PUBLIC
RECORDS, PALM BEACH COUNTY, FL.
(SW 7TH AVENUE)
ALL OF PL IN PB 48,P12, FRIEDES
PL NO 1, PUBLIC RECORDS, PALM
BEACH COUNTY, FL.
(1 WEST LINTON BLVD.)
LOT 23, CARVER SQUARE, PB 24,
P 11, PUBLIC RECORDS, PALM
BEACH COUNTY, FL.
(708 SW 2ND TERRACE)
S50' OF N250' OF W135' OF BLK
24, TOWN OF DELRAY, PB 1, P 3,
PUBLIC RECORDS, PALM BEACH
COUNTY, FL.
(317 SW 6TH AVENUE)
THE SLY 85' OF THE N482.64' OF
THE E 1/2 OF THE W 1/2 OF LOT
30 IN MTGE BK 611, P 556 (LESS
THE PT IN DB 1029 P 416) OF
,
SECTION 20, PUBLIC RECORDS,
PhLM BEACH COUNTY, FL.
(GERMANTOWN ROAD)
OWNER
WILLIE & ANNIE ALBERT EST
(HUSBAND AND WIFE)
34 NW 6TH AVENUE
DELRAY BEACH, FL.33444
WILLIAM M. DEWITT
400 NW 12TH STREET
DELRAY BEACH, FL.
33444-2971
FL.
MARY M. MCCLENDON
137 SW 8TH AVENUE
DELRAY BEACH, FL. 33444
A.W.&JANICE A.MARTINCAVAGE
(HUSBAND AND WIFE)
THOMAS&MARIE G.JACOB(H&W)
150 HAWTHORNE STREET
BROOKLYN, N.Y. 11225
REBECCA HAYES
C/O EDWARD DEMPS
663 5TH STREET SW
VERO BEACH, FL. 32962
EDWIN C. IVY
519 SW 15TH TERRACE
DELRAY BEACH, FL 33444
EMILIO & PATRICIA P.GARCIA
(HUSBAND AND WIFE)
P.O. BOX 3215
BOYNTON BEACH, FL. 33424
EMILIO & PATRICIA P.GARCIA
(HUSBAND AND WIFE)
P.O. BOX 3215
BOYNTON BEACH, FL 33424
IRENE COX
1106 SW 7TH AVENUE
DELRAY BEACH, FL. 33444
LAWRENCE FREEDMAN
GERALD FREEDMAN
8320 TWIN LAKE DRIVE
BOCA RATON, FL. 33496
ROBERT L.& ROSEANNE M.HALL
(HUSBAND AND WIFE)
708 SW 2ND TERRACE
DELRAY BEACH, FL. 33444
JAMES E. CLINTON
C/O FRANCINE CLINTON
1501 NW 1ST STREET
BOYNTON BEACH, FL.
33435-2602
GOLDMAN & MATTIE M.
CREASMAN (H&W)
RT. U, BOX 362
ANDREWS, N.C. 28901
-4-
ASSESSMENT
$115.00
50.00 (ADM. COST)
(RECORDING)
$ 80.00
50.00 (ADM. COST)
(RECORDING)
$105.00
50.00 (ADM. COST)
(RECORDING)
$125.00
50.00 (ADM. COST:
(RECORDING:
$ 80.00
50.00 (ADM. COST)
(RECORDING)
$150.00
50.00 (ADM. COST)
(RECORDING)
$ 37.50
25.00 (ADM. COST)
(RECORDING)
$ 37.50
25.00 (ADM. COST)
(RECORDING)
$115.00
50.00 (ADM. COST)
(RECORDING)
$215.00
50.00 (ADM. COST)
(RECORDING)
$ 90.00
50.00 (ADM. COST)
(RECORDING)
$ 95.00
50.00 (ADM. COST)
(RECORDING)
$450.00
50.00 (ADM. COST)
(RECORDING)
Res. No. 67-89
COST -,,' ABATING NUISANCES UNDER l..JAPTER 100
OF THE CODE OF ORDINANCES
PROPERTY DESCRIPTION
LOT 21 & N 1/2 OF LOT 22 (LESS
E5' RD R/W), BLK 109, TOWN OF
DELRAY, PB 1, P 3, PUBLIC
RECORDS, PALM BEACH COUNTY, FL.
(72 SE 6TH AVENUE)
S 1/2 OF LOT 22 & LOT 23 (LESS
SR R/W), BLK 109, TOWN OF
DELRAY, PB 1, P 3, PUBLIC
RECORDS, PALM BEACH COUNTY, FL.
(72 1/2 SE 6TH AVENUE)
LOT 14, BLK 10, ATLANTIC
GARDENS, DELRAY, PB 14, P 63,
PUBLIC RECORDS, PALM BEACH
COUNTY, FL.
(206 SW 10TH AVENUE)
S80.26' OF LOT 4 (LESS W 550'),
BEACH LOTS, DELRAY, PUBLIC
RECORDS, PALM BEACH COUNTY, FL.
(NORTH OCEAN BLVD.
S 2 0' OF LOT 11, LOT 12 & N9'
OF LOT 13 (LESS W 5' RD R/W),
BLK Ill, TOWN OF DELRAY, PB 13,
P 46, PUBLIC RECORDS, PALM
BEACH COUNTY, FL.
(253 SE 5TH AVENUE)
LOTS 1 & 2, BLK 65, TOWN OF
DELRAY, PB 2, P 20, PUBLIC
RECORDS, PALM BEACH COUNTY, FL.
(303 NORTH SWINTON AVENUE)
SUB. OF N 1/2 OF SE 1/4 OF
SE 1/4 OF SW 1/4 UNREC.,LOT
11, SEC. 17-46-43, PB 1, P 3,
PUBLIC RECORDS, PALM BEACH
COUNTY, FL.
(921 SW 3RD COURT)
N75' OF LOT 40, BLK 32, DEL
RATON PARK, PB 14, P 9, PUBLIC
RECORDS, PALM BEACH COUNTY, FL.
(AVENUE L)
N75' OF LOT 41, BLK 32, DEL
RATON PARK, PB 14, P 9, PUBLIC
RECORDS, PALM BEACH COUNTY, FL.
(AVENUE L)
N75' OF LOT 42, BLK 32, DEL
RATON PARK, PB 14, P 9, PUBLIC
RECORDS, PALM BEACH COUNTY, FL.
(AVENUE L)
N75' OF LOT 43, BLK 32, DEL
RATON PARK, PB 14, P 9, PUBLIC
RECORDS, PALM BEACH COUNTY, FL.
(AVENUE L)
N75' OF LOT 44, BLK 32, DEL
RATON PARK, PB 14, P 9, PUBLIC
RECORDS, PALM BEACH COUNTY, FL.
(AVENUE L)
LOT 45, BLK 32, DEL RATON PARK,
PB 14, P 9, PUBLIC RECORDS,
PALM BEACH COUNTY, FL.
(AVENUE L)
LOT 46, BLK 32, DEL RATON PARK,
PB 14, P 9, PUBLIC RECORDS,
PALM BEACH COUNTY, FL.
(AVENUE L)
OWNER
GEORGE F. KEENAN JR.
464 POND STREET
BOSTON, MA. 02130
GEORGE F. KEENAN JR.
464 POND STREET
BOSTON, MA. 02130
LONNIE CARRINGTON ET AL
1229 1ST COURT
DELRAY BEACH, FL 33444
WILLIAM A. & ELIZABETH
PERRY (H&W)
38 HIGH AVENUE
NYACK, N.Y. 10960
JAMES T. MARTIN
MANUEL RAMOS
P.O. BOX 6642
WEST PALM BEACH,FL.33405
GLORIA J. LANG
20 NE 10TH STREET
DELRAY BEACH, FL 33444
SAINVILCA & MARIE BRUNY
(HUSBAND AND WIFE)
921 SW 3RD COURT
DELRAY BEACH, FL. 33444
IRA LAND & HAROLD
SCHLANGER C/O G. KEHRES
P.O. BOX 1298
BOCA RATON, FL 33429
IRA LAND & HAROLD
SCHLANGER C/O G. KEHRES
P.O. BOX 1298
BOCA RATON, FL 33429
IRA LAND & HAROLD
SCHLANGER C/O G. KEHRES
P.O. BOX 1298
BOCA RATON, FL 33429
IRA LAND & HAROLD
SCHLANGER CIO G. KEHRES
P.O. BOX 1298
BOCA RATON, FL 33429
IRA LAND & HAROLD
SCHLANGER C/O G. KEHRES
P.O. BOX 1298
BOCA RATON, FL 33429
IRA LAND & HAROLD
SCHLANGER C/O G. KEHRES
P.O. BOX 1298
BOCA RATON, FL 33429
IRA LAND & HAROLD
SCHLANGER C/O G. KEHRES
P.O. BOX 1298
BOCA RATON, FL 33429
-5-
ASSESSMENT
$ 62.50
25.00 (ADM. COST)
(RECORDING)
$ 62.50
25.00 (ADM. COST)
(RECORDING)
$ 75.00
50.00 (ADM. COST)
(RECORDING)
B. $ 75.00
50.00 (ADM. COST)
(RECORDING)
$ 75.00
50.00 (ADM. COST)
(RECORDING)
$180.00
50.00 (ADM. COST)
(RECORDING)
$ 90.00
50.00 (ADM. COST)
(RECORDING)
$ 50.00
7.16 (ADM. COST)
(RECORDING)
$ 50.00
7.14 (ADM. COST)
(RECORDING)
$ 50.00
7.14 (ADM. COST)
(RECORDING)
$ 50.00
7.14 (ADM. COST)
(RECORDING)
$ 50.00
7.14 (ADM. COST)
(RECORDING)
$ 50.00
7.24 (ADM. COST)
(RECORDING)
$ 50.00
7.14 (ADM. COST)
(RECORDING)
Res. No. 67-89
COST ~- ABATING NUISANCES UNDER (.uAPTER 100
OF THE CODE OF ORDINANCES
PROPERTY DESCRIPTION
N69.S' OF LOT 9, BLK 78, TOWN
OF DELRAY, PB 1, P 3, PUBLIC
RDCORDS, PALM BEACH COUNTY, FL.
(SE 2ND AVENUE & SE 1ST STREET)
S50' OF N2S0' OF E. 13S'OF BLK
13, TOWN OF DELRAY, PB.l, P 3,
PUBLIC RECORDS, PALM BEACH
COUNTY, FL.
(20 SW 6TH AVENUE)
LOTS 9 & 10, BLK 6, ATLANTIC
GARDENS, DELRAY, PB 14, P 63,
PUBLIC RECORDS, PALM BEACH
COUNTY, FL.
(133-137 SW 12TH AVENUE)
OWNER
DOROTHY MAGER
553 WRIGHT DRIVE
LAKE WORTH, FL 33460
ERROL GAYLE
20 SW 6TH AVENUE
DELRAY BEACH, FL. 33444
C.F.JR. & CYNTHIA RIDLEY
(HUSBAND AND WIFE)
137 SW 12TH AVENUE
DELRAY BEACH, FL. 33444
ASSESSMENT
$ 75.00
50.00 (ADM. COST)
(RECORDING)
$120.00
50.00 (ADM. COST)
(RECORDING)
$ 75.00
50.00 (ADM. COST)
(RECORDING)
VIOLATION IS: SEC. 100.01 LAND TO BE KEPT FREE OF DEBRIS, VEGETATION,
MATTER CONSTITUTING HAZARDS; DECLARED NUISANCE.
-6-
Res. No. 67-89
RESOLUTION NO. 68-89
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, URGING THE BOARD OF COUNTY COMMISSIONERS
OF PALM BEACH COUNTY TO EXTEND THE LOCAL-OPTION TAX ON
MOTOR FUELS AND SPECIAL FUELS.
WHEREAS, the County of Palm Beach is empowered by Florida
Statutes, Chapter 336, to levy a local-option tax on motor fuels and
special fuels; and,
WHEREAS, the County currently levies this tax and distributes
the revenue so generated; and,
WHEREAS, the Ci ty of De lray Beach shares in the revenue, from
this tax, and uses this revenue for transportation related needs; and,
WHEREAS, this tax is to sunset in 1996, so that it cannot
currently be used as a pledge against new long-term bond issues; and,
WHEREAS, the City of Delray Beach has identified $30.9 million
of transportation related needs in its 1989 Comprehensive Plan,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City of Delray Beach strongly urges the
Palm Beach County Commission to exercise its option under Florida
Statutes, Section 336.025, to vqte to extend this tax at its current
rate for the maximum period permitted by law, and to distribute the
revenue so generated according to the provisions of Florida Statutes,
Section 336.025.
Section 2. That the City Clerk is hereby directed to furnish a
copy of this resolution to each member of the Board of County
Commissioners and to the State of Florida, Department of Community
Affairs.
PASSED AND ADOPTED in regular session on this the 26th day of
September, 1989.
ATTEST:
MAY 0 R
City Clerk
Af~
RESOLUTION NO. 71-89
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DEL RAY BEACH, FLORIDA, VACATING AND ABANDON-
ING ALL TEN (10) FOOT UTILITY EASEMENTS LOCATED
WITHIN LOTS 1 THROUGH 22, INCLUSIVE, BLOCK 1,
LOTS 7, 8, 11 AND 12, BLOCK 2, LOTS 6 THROUGH
12, INCLUSIVE, BLOCK 3, AND TRACTS "E", "F" AND
"G" , ALL IN HANOVER SQUARE FIRST ADDITION,
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN
PLAT BOOK 53, AT PAGES 198 AND 199, OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
WHEREAS, Richard Davison, as Trustee under a Florida
Land Trust known as "Land Trust B", is the fee simple owner of
Lots 1 through 28, inclusive, in Block 1, Lots 1 through 14,
inclusive, in Block 2, Lots 17 and 18 in Block 2, Lots 1 through
12, inclusive, in Block 3, Lots 1 through 4, inclusive, in Block
4, and Lots 1 through 4, inclusive, in Block 5, all in Hanover
Square First Addition, according to the Plat thereof, as recorded
in Plat Book 53 at Page 198 of the Public Records of Palm Beach
County, Florida; and,
WHEREAS, Hooker Homes, Inc., a Georgia corporation, is
the fee simple owner of Lots 15 and 16, Block 2, of Hanover
Square First Addition, according to the Plat thereof, as recorded
in Plat Book 53 at Page 198 of the Public Records of Palm Beach
County, Florida; and,
WHEREAS, Hanover Square Homeowners' Association, Inc.,
a not-for-profit corporation, is the fee simple owner of Tracts
"E", "F" and "G" in Hanover Square First Addition, according to
the Plat thereof, as recorded in Plat Book 53 at Pages 198 and
199 of the Public Records of Palm Beach County, Florida; and,
WHEREAS, James A. Hahn/LJ Hooker Homes, Inc., as duly
authorized agent for the above-named fee simple owners, has made
application for abandonment of all ten (10) foot utility ease-
ments located within Lots 1 through 22, inclusive, Block 1, Lots
7, 8, 11 and 12, Block 2, Lots 6 through 12, inclusive, Block 3,
and Tracts "E", "F" and "G", all in Hanover Square First Addi-
tion, according to the Plat thereof, as recorded in Plat Book 53
at Pages 198 and 199 of the Public Records of Palm Beach County,
Florida; and,
WHEREAS, the City Commission of the City of Delray
Beach, Florida, finds that its interest in the described property
is no longer needed for the public good and deems it to be in the
best interests of the City of Delray Beach to vacate said ten
(10) foot utility easements lying within the Plat of Hanover
Square First Addition,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That pursuant to Chapter 177, Section
177.101(5) and Chapter 166 of the Florida Statutes, it is hereby
determined to vacate and abandon all right and interest it holds
to the following described real property:
All ten (10) foot utility easements located
within Lots 1 through 22, inclusive, Block 1,
Lots 7, 8, 11 and 12, Block 2, Lots 6 through
12, inclusive, Block 3, and Tracts "E", "F" and
"G", all in HANOVER SQUARE FIRST ADDITION,
according to the Plat thereof, as recorded in
Plat Book 53 at Pages 198 and 199 of the Public ))a
Records of Palm Beach County, Florida. ~ I
PASSED AND ADOPTED
day of
in regular session on this the
, 1989.
MAY 0 R
ATTEST:
City Clerk
- 2 -
Re s. No. 71 - 89
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I THE COMMONS
131<6 PAGE 51
Pll"Cf:L
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EASEMENT ABANDONMENT
HANOVER SQUARE 1st ADDITION
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LAGO DEL RAY
.
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ENGINEERING DEPARTMENT
M E M 0 RAN DUM
TO: MALCOLM T. BIRD
INTERIM CITY MANAGER
THROUGH: ~ R. SPENCE
~DIRECTOR DEVELOPMENT
FROM: ~ LGATES D. CASTLE, P.E.
~ CITY ENGINEER
SERVICES
SUBJECT: ABANDONMENT OF CERTAIN UTILITY EASEMENTS WITHIN
THE HANOVER SQUARE 1ST ADDITION (WINDY CREEK)
DATE: SEPTEMBER 13, 1989
- - - - - - - - - - -
James Hahn, representing Hooker Homes, has requested the
subject abandonment. The various City Departments and
utility companies have no objections to the abandonment
request. An Agenda Request form is attached for this item.
By copy of this memo to the City Clerk, it is requested that
the necessary resolution be prepared for this item.
GDC:slg
cc: City Clerk (w/copy of Opinion of Title)
Attachments
.
.
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OPINION OF TITLE
To: The City of Delray Beach, a political subdivision of
Palm Beach, County, State of Florida
I hereby certify that I have examined (a) Title Policy
Number .OPM-366535 issued by Attorneys' Title Insurance Fund,
Inc., covering the period from the BEGINNING to the 7th day of
June, 1989 at 11: 00 p.m. inclusive, (b) certified title update
number 0099-500(ACQF) issued by Attorneys' Title Insurance Fund,
Inc., covering the period from the 16th day of July, 1986, to
the 20th day of July, 1989, at 11:00 p.m. inclusive, as regards
the following described property:
Tracts E, F, and G in HANOVER SQUARE FIRST ADDITION,
according to the Plat thereof, as recorded in Plat Book
53, at Pages 198 and 199, of the Public Records of Palm
Beach County, Florida.
Basing my opinion on the title policy and certified title
search covering said period, I am of the opinion that, on the
last mentioned date, the fee simple title to the above-mentioned
properties was vested in Hanover Square Homeowners' Association,
Inc.
Subject to the following encumbrances,
exceptions:
liens and other
GENERAL EXCEPTIONS
1. All taxes for the year in which this opinion is
rendered and for all subsequent years.
2. Rights of persons other than the above owners who are
in possession.
4 .
liens.
3. Facts that would be disclosed upon accurate survey.
Any unrecorded labor, mechanics', or materialmen's
5. Zoning and other restrictions imposed by governmental
authority.
SPECIAL EXCEPTIONS
6. Excepting any existing Rights-of-Way for any and all
public utilities, in favor of Lake Worth Drainage District as set
forth in Deed dated February 28, 1946, filed in Deed Book 758,
Page 452, of the Public Records of Palm Beach County, Florida.
7. Subject to the terms, conditions and provisions of that
certain Agreement for water service with the City of Delray
Beach, Florida, dated February 8, 1980, and recorded in Official
Records Book 3267, Page 952, of the Public Records of Palm Beach
County, Florida.
8. Restrictions dated November 30, 1984,
1985, in Official Records' Book 4484, Page 84,
Records of Palm Beach County, Florida.
filed March 6,
of the Publ ic
9. Restrictions and Easements contained in Plat of HANOVER
SQUARE, filed August 8, 1984, in Plat Book 48. at Page 192.. of
the PUblic Records of Palm Beach County, Florida.
10. Easement dated May 22, 1987, filed July 24, 1987, in
Official Records Book 5363 at Page 568, of the Public Records of
Palm Beach County, Florida. ~
1
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11. Restrictions and easements contained in Plat of HANOVER
SQUARE FIRST ADDITION, filed July 16, 1986, in Plat Book 53, at
Page 198, of the PUblic Records of Palm Beach County, Florida.
I,. the undersigned, further certify that I am an attorney-
at-law duly admitted to practice in the State of Florida and am a
member in good standing of the Florida Bar.
Respectfully submitted this
31st day of July, 1989.
~~
an Carson Cheezem,
Attorney-at-Law
Jan Carson Cheezem, P.A.
777 Brickell Avenue
Suite 1116
Miami, Florida 33131
(305) 371-9808
\windycrk\opinion2.tit
31. VII. 89 (2)
-
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CITY
COM MIS S ION
DOCUMENTATION
TO:
ROBERT ~BARC~N~SKI /ASSISTANT CITY MANAGER
~ -// .'
FRANK R. SPENCE, DI ECTOR
~LOPMENTSERVICES GROUP
~eu.:J J ~u~
DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
VIA:
FROM:
SUBJECT: MEETING OF SEPTEMBER 12, 1989
CONSIDERATION OF A REPLAT FOR A PORTION~
WINDY CREEK, aka Hanover Square
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of a replat for a portion of the former Hanover
Square Plat, now Windy Creek. This replat involves 66 lots
in an S.A.D. which is developed to zero lot line standards.
The project is located on the north side of Atlantic Avenue.
BACKGROUND:
This project follows on the approval of a modification to the
Hanover Square S.A.D..
A replat has been provided and it complies with our standards and
the previously imposed conditions of approval. Please refer to
the P&Z staff report for details.
In addition, a change in street name from NW 41st Avenue to Windy
Creek Lane is accommodated in this replat.
PLANNING AND ZONING BOARD CONSIDERATION:
At it's meeting of August 21, 1989. the Planning and Zoning Board
certified the final plat and forwarded it to the City Commission
with some items to be handled prior to Commission consideration.
Those items have been complied with.
RECOMMENDED ACTION:
By motion, approve the replat for WINDY CREEK, a portion of
Hanover Square.
Attachments:
cover sheet from P&Z Staff Report of August 21, 1989
a full P&Z staff report is available in the City
Manager's Office
REF/DJK#50/CCWINDY.TXT
SD
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PLANNING B ZONING
CITY OF OELRRY
BOARD
BEACH
--- STAFF REPORT
MEETING DATE: AUGUST 21, 1989
AGENJA ITEM:
IV. I
CONSIDERATION OF FINAL PLAT APPROVAL FOR WINDY CREEK (aka HANOVER SQUARE) LOCATED
ITEM: ON THE NORTH SIDE OF W. ATLANTIC AVENUE, BETWEEN HOMEWOOD BLVD. AND HAMLET DR..
IF EXTENDED NORTHWARD.
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GENERAL DATA:
owner...........................L.J. Hooker Homes, Inc.
I\qent........ 00 00 00.. 00...00 00 00 James 1\. Hahn
Locatlon........................North side of W. Atlantic Avenue,
between Homewood Boulevard and
Hamlet Drive, if extended
northward.
Property Size.................. .12.66 Acres
Existinq Land Use Plan..........MF-6 (Multiple Family - 6 unitsl
acre) and SF (Sinqle Family)
Proposed Land Use Plan..........Low Density 0-5 du/acre
City Zoninq.....................SAD (Special ~tivities District)
~jacent Zoninq.................North of the subject property is
zoned County as (Sinqle Family
Residential District). South is
zoned GC (General COIIIIIerciall and
R-ll\ (Sinqle-Family cwellinq
District). East is zoned GC and
RM-10 (Multiple-Family Dwellinq
District). West is zoned County
AR ll\qricultural Residential
Distr ict I .
-..
Existing Land Use...............Sinqle family zero lot line homes
proposed Land Use...............Single family zero lot line homes
Water Service.................. .Existing on--site
Sewer Service.................. .Existing on-site
ITEM: IV I
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[ITY OF DELAAY BEA[H
100 N.W. 1st AVENUE
DELRAY BEACH. FLORIDA 33444
M E M 0 RAN DUM
TO: Malcolm T. Bird, Interim City Manager
THROUGH: John W. Elliott, Jr., Assistant City Manager/
Management Services
FROM:
ff~
Ted Glas, Purchasing Director
DATE: September 12, 1989
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING _
SEPTEMBER 26, 1989 - BID AWARD - BID #89-71
18KW-20KW GENERATOR FOR FIRE DEPARTMENT
Item Before City Commission:
The City Commission is requested to award contract to low
responsive bidder, Casper Engineering Corporation in the
amount of $11,446. Per the BUdget Office, funding is from:
$9200. - account #333-2311-522-60.89 (FY 87-88 Utility Tax
Construction Fund - Equipment - Other); $2,246. - account
#001-2315-526-33.39 (FY 88-89 Fire/EMS Operation - Repair &
Upkeep Other)
Background:
This purchase involves furnishing and installing a
generator in fire apparatus unit F8884 Support-1.
generator will provide emergency scene lighting and
for tools, as well as provide back-up emergency power
fire station if necessary.
Bids for this purchase were received on July 26, 1989 from
six (6) vendors, all in accordance with City purchasing
procedures. (Bid #89-71. Documentation on file in the
Purchasing Office.) A tabulation of bids is attached for
your review.
diesel
This
power
to a
The low bid submitted by Devine Engine & Generator does not
meet City specifications in that they are only offering a 15
KW generator. City specifications call for a minimum 18KW _
20KW generator for the intended application. This bid is
considered by staff to be unresponsive.
The second low bid submitted
Corporation meets specifications.
Recommendation:
Staff recommends award to the low responsive bidder,
Engineering Corporation for the amount of $11,446.
as outlined above.
by Casper
Engineering
Casper
Funding
Attachments:
Tabulation of Bids
Memorandum from Fire Department
pc Yvonne Kincaide
Chief Koen
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51 ~
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[ITY OF DELRAY BEA[H
FIRE DEPARTMENT
I;', f.: ii r~: V B 1\ 0 E ~J
M E M 0 RAN DUM
TO:
THRU:
FROM:
DATE:
SUBJECT:
MALCOLM BIRD, INTERIM CITY MANAGER
KERRY B. KOEN, FIRE CHIEF~
M. B. WIGDERSON, ASSISTANT FIRE CHIEF
SEPTEMBER 7, 1989
PURCHASE OF EQUIPMENT - 18-20 KW GENERATOR
The attached requisition is for the purchase of an 18-20 KW
portable diesel powered generator to be carried on our Support
Unit. The purpose of this generator will be to provide emergency
scene lighting; electrical supply for a variety of power tools:
and to power our fixed site air compressor at Fire Station No, 4
used to refill self-contained breathing apparatus air bottles in
an emergency, This unit will be portable, but sufficient to
provide back-up emergency power to a Fire Station if necessary,
The total cost of this equipment is $11,446,00. Partial
funding for this purchase has been budgeted from the interest on
the Utility Tax Bond, Line Item #333-2311-526-60-89, in the
amount of $9,200,00 The balance of the funding $2,461,00 is
budgeted in our Operating Budget, Line Item #001-2315-526-33-39,
This purchase was delayed due to time needed to research new
equipment. (See attached correspondence to Mr, Barcinski)
This is a budgeted item and does not relate to a direct cost
saving to the City, as it is new, additional equipment that is
part of our Support Unit equipment complement,
,'l' ! li' u.)~c/t/t: A,.
M, B, Wi~derson
Assistant Fire Chief
MBW/mrnh
Attachments
r'
[Iry OF DELAAY BEA[H
.,-
,- ".7 ".
J , \
\;
100 N.W. 1st AVENUE
DElRAY BEACH, FLORIDA 33444
407/243.7000
M E M 0 RAN DUM
TO: Malcolm T. Bird, Interim city Manager
THROUGH: John W. Elliott, Jr., Assistant Cit~ Manager/
Management Services
FROM: Evaluation Committee
DATE: September 5, 1989
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING _
SEPTEMBER 26, 1989 - CONTRACT AWARD - RFP 89-59
PURCHASING/INVENTORY SOFTWARE
Items Before City Commission:
The City Commission is requested to award contract for
purchasing/inventory software to HTE, Inc. at a cost of
$25,400.00 plus travel expenses, not to exceed $1000. Per
the Budget Office, funding is from account
#001-1531-513-60.86 (General Fund - Purchasing Capital
Outlay) .
Background:
Monies were placed in the 1988-89 budget for the purchase of
purchasing/inventory software module as part of the City's
computerized government managerial and bUdgetary accounting
system. This system will track purchases from the
preparation of a requisition to issuance of a purchase
order, and from receipt of material to vendor payment.
Requests for proposals were solicited, and on June 28, 1989
one (1) submittal was received all in accordance with City
purchasing procedures (RFP #89-59. Documentation on file in
the Purchasing Office,) A tabulation of proposals is
attached or your review.
Since only one proposal was received, a telephone market
survey was conducted of other software vendors to determine
why they did not submit, per attached survey.
A demonstration of the HTE software was held in City Hall on
August 21, 1989, with representatives of HTE showing how the
system performs,
Other cities were
/inventory system.
software.
contacted who use
Responses were
the HTE purchasing
favorable for the
HTE has stated that the travel expenses for installation and
training will not exceed $1000.
6\B
T",,, Ecc0PT Al'NAY~ MATTERS
Recommendation:
The evaluation committee
purchasing/inventory software
cost of $25,400. plus travel
above.
Evaluation Committee:
Director
Mn~j
Yvonne Kincai e
BUdget Director
ffd~
Ted Glas
Purchasing Director
TG/tpc
Attachments:
Tabulation of Proposals
Market Survey
recommends award of the
contract to HTE, Inc., at a
expenses. Funding as stated
~~ M.~W,...~
David Huddleston
Finance Director
C07JQ, <JJ '
Frank Deering ~
Internal Auditor
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J!JbLll..._11~1'
EQ!L E'!JB~!:.fej:1.HJg_j:1QEIY.!BBs_ BEE'_~~1'=;;!1'
NAME OF FIRM
REASON FOR NOT SUBMITTING
A PROPOSAL
------------------.-------------------------------.-----------.-
I. b8Y.!eQt:!_egEiQ~!eIse
Mi nneapol is, ~lN
(Sherry Shor't)
2. !~EQBt!eI !'Q!'LI~!:;t!~QbQGY
e~eQ!;;!e!!Q~
Tampa, FL
Webb i e Bi 11 er )
~. E'AQ~e~sQseb..._!~~~
Indianapo1 is, IN
(Shar-een Putnam)
4. e!HQt!€!nQ~_QQ!,INel;":;bQBe
F,-ed"ick, Maryland
(SLle Beni tez)
5. b;Qt!E!JIsB_!'mm:tLLeEE'b~
HOLlston, TX
(Emanual McMahan)
6. I;js~sQl!L6seQ!J8!;;1~U1gI"
Mansfield, MA
Unable to respond because
their software products
are designed exclusively
for Unisys A Series.
Do not provide software
for the System 38.
Shareen was on vacation.
No other explanation given.
Can np!;, meet requirement
of system in operation
few at least .:;, years.
No longer sell Financial
Type Software.
No longer in business.
Telephone disconnected.
.
.
.
.
.
[ITY OF DELAAY BEA[H
100 NW iot AVENlJE
OELRA Y BEACH, FLORIDA 33444
407/243-7000
M E M 0 RAN DUM
TO: Malcolm T. Bird, Interim City Manager
THROUGH: John W. Elliott, Jr" Assistant City Manager/
Management Services
FROM:
Ted Glas, Purchasing Director ~~
DATE: September 6, 1989
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING _
SEPTEMBER 26, 1989 - BID AWARD - BID #89-83
LANDSCAPING NORTH WATER PLANT
Item Before City Commission:
The City Commission is requested to award contract to
responsive bidder, Lush Landscaping & Design, Inc, in
amount of $10,948, Per the BUdget Office, funding is
account #441-5123-536-33,31 (Public Utilities
Distribution - Repair & Upkeep BUildings).
low
the
from
Water
Background:
The project provides a landscape buffer around the perimeter
of the North Water Plant Complex in order to mitigate the
impact of the facility in the surrounding residential
neighborhood.
Bids on the project were received on August 23, 1989 from
thirteen (13) contractors, all in accordance with City
purchasing procedures, (Bid #89-83. Documentation on file
in the Purchasing Office.) A tabulation of bids is
attached for your review,
The low bid submitted by Top Branch Nursery does not meet
City specifications in that they would provide a smaller
size Raphiolepis "Majestic Beauty" than called for, This
bid is considered by staff to be unresponsive,
The second low bid submitted by Lush Landscaping & Design,
Inc" meets City specifications.
Recommendation:
Staff recommends award to the low
Landscaping & Design, Inc, for
Funding as outlined above.
responsive bidder, Lush
the amount of $10,948.
TG/tpc
Attachments:
'f"al'iti1atio-ll- -of Bids
Recommendation from Horticulturist
Recommendation from Director of Public Utilities
pc William Greenwood
'{vonne Kincaide
Nancy Davila
$ (c....
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MEMORANDUM
To:
Ted Glas. Purchasing Administrator
From:
Nancy Davila. Horticulturist/Special Projects Coordinator
Re:
RECOMMENDATION FOR AWARD OF BID/LANDSCAPING NORTH WATER PLANT
Date:
August 29. 1989
,
I have reviewed the landscape bids received for'the North Water Plant Bid
#89-83 and recommend that the bid be awarded ~ Lush Landscaping! DesiRn.
~ in ~ amount ofm.m.OD.'-
Although Top Branch Nursery submitted a bid for $9.331.50. they were unable
to provide the Raphiolepis 'Majestic Beauty' at the size.' specified. and
therefore have been deemed an unresponsive bidder.
c: Bill Greenwood
Lula Butler
I
RECEIVED
SEP0589
PURCHASING
MEMORANDUM
TO:
Ted Glas
Director of Purchasing
William H. Greenwood AV4fJ1~116r
Director of Public Utilities
FROM:
SUBJECT:
LANDSCAPING NORTH WATER PLANT
Bid #89-83
DATE:
September 1, 1989
Staff has reviewed the bids submitted on bid #89-83 landscaping
of the North Water Plant. Staff concurs with Ms. Nancy Davila,
Horticulturist/Special Projects Coordinator recommendation to
award the bid to Lush Landscaping & Design, Inc. in the amount of
$10,948.00.
This bidder was the lowest responsive responsible bidder on the
project.
Top Branch Nursery submitted
however they were unable to
Beauty' at the size specified
unresponsive bidder.
a bid in the amount of
provide the RAPHIOLEPIS
and therefore have been
$9,331.50,
'Majestic
deemed an
cc: Robert A. Barcinski, Asst. City ManagerlCS
Nancy Davila, Horticulturist/Special Projects Coordinator
Lula Butler, Director of Community Improvement
'.
[ITY OF DELRAY BEA[H
r
,
100 NW. 1st AVENUE
DELAAY BEACH. FLORIDA 33444
305/243.7000
M E M 0 RAN DUM
TO: Malcolm T. Bird, Interim City Manager
THROUGH: John W. Elliott, Jr., Assistant City Manager/
Management Services
FROM:
Ted Glas, Purchasing Director
1i.-#-
DATE: September 12, 1989
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING _
SEPTEMBER 26, 1989 - BID AWARD - BID #89-74
INSTALLATION OF TOILET PARTITIONS
Item Before City Commission:
The City Commission is requested to award contract for
toilet partition installation to low responsive bidder,
Santana Products, Inc., at a cost of $15,419. Per the BUdget
Office, funding for the work is from account
#001-4131-572-33.31 (General Fund - Parks Division _ Repair
& Upkeep BUildings).
Background:
This project is part of the ongoing program to renovate the
restrooms of the beach front parks. This renovation to be
at Archer Park and Atlantic Dunes Park.
Bids for this work
(2) vendors, all
procedures. (Bid
Purchasing Office.)
your review.
were received on August
in accordance with
#89-74 Documentation
A tabulation of bids
9, 1989 from two
City purchasing
on file in the
is attached for
The low bid submitted by Mardale of America, Inc. deviates
from City specifications in that instead of offering a firm
price, their bid price is only valid for seven (7) days,
then to allow for price escalation. This bid is considered
by staff to be un-responsive.
The second low bid submitted by Santana ProdUcts, Inc. meets
City specifications.
Recommendation:
Staff recommends award to
Products, Inc. for the
outlined above.
the low responsive bidder, Santana
amount of $15,419. Funding as
TG/tpc
Attachments:
Tabulation of Bids
Recommendation of Director of Parks & Recreation
pc Yvonne Kincaide
Joe Weldon
SID
THE ECCC'RT AL.'JAYS MATTERS
r
t
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I
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,
MEMORANDUM
TO: Ted Glas
Director of Purchasing
FROM: Joe Weldon
Director of Parks and Recreation
SUBJECT: Bid *89-74 - Toilet Partitions
DATE: September 11, 1989
,
Attached please find a spread sheet for the installation of
restroom partitions at Anchor Park and Atlantic Dunes Park (Bid
#89-74). This is a continuation of our program to upgrade the
restrooms at our beach front parks and Gleason Park restrooms
have been completed. The apparent low bidder is Mardale of
America, Inc. at $15,282.50; however, Mardale' has a price
escalation clause which I understand is contrary to our bid
specification and will not complete the project for sixty (60)
days. I recommend that the bid be awarded to Santana Products
Inc. for an amount of $15,419.00 who can complete the project in
fourteen (14) days. I have forwarded a bUdget transfer request
to the Assistant City Manager and this should be charged to
account #001-4131-572-33.31.
Parks and Recreation
JW: jmh
REF:JW275
cc: Robert A. Barcinski, Assistant City Manager
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[ITY OF DEL RAY BEA[H
~-
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100 N.W. 1st AVENUE
DELRA Y BEACH, FLORIDA 33444
407/243-7000
M E M 0 RAN 0 U M
TO: Malcolm T. Bird, Interim City Manager
THROUGH: John W. Elliott, Jr., Assistant City Manager/
Management Services
FROM:
Ted Glas, Purchasing Director
11/1'
DATE:
September 8, 1989
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING _
September 26, 1989 - BID AWARD - CO-OP BID #89-78
ANNUAL CONTRACT-CHEMICALS & FERTILIZERS
Item Before City Commission:
The City Commission is requested to make mUltiple awards to
the low responsive bidders, as stated below, for the annual
cooperative contract for chemicals and fertilizers. Per the
BUdget Office, funding for these commodities is from account
#001-4131-572-35.54 (Parks Division - Operating Expenses
Gardening Supplies).
Background:
The annual contract is bid jOintly
County Cooperative Purchasing Group.
Beach Purchasing Department serves as
this bid.
with the Palm Beach
The City of Delray
lead organization for
Bids for this contract were received on August 18, 1989 from
thirteen (13) vendors all in accordance with City purchasing
procedures. (Bid #89-78. Documentation on file in the
Purchasing Office.) Tabulations of bids are attached for
your review.
Recommendation:
The Cooperative Purchasing Group met on August 28, 1989, and
voted to recommend mUltiple awards to the following low
responsive bidders. Delray'S Park and Recreation Department
concurs in this recommendation:
S\E
T'1E E-CcpT Ac.'.-,,, M",~::"s
Vendor
Helena Chemical Co.
UAP Florida Inc.
Colonial Products Inc.
Sunniland Corporation
Woodbury Chemical Co.
Atlantic FEC
Howard Fertilizer Co.
Lesco Inc.
Van Waters & Rogers Inc.
Delray's Estimated
Annual Expenditure
$ 4,197.75
225.00
356.15
3,937.50
1,024.50
518.80
3,288.00
15,206.65
22.75
$ 28,777.10
The contract period is for one year; and per the
specifications, the city Manager be authorized to renew the
contract for one additional one year period, sUbject to
vendor acceptance, satisfactory performance, and
determination that renewal is in the best interest of the
City.
TG/tpc
Attachments:
Tabulations of Bids
Recommendation from Director of Parks & Recreation
pc Yvonne Kincaide
Joe Weldon
Palm Beach County Cooperative Purchasing Group
-
MEMORANDUM -
- .-..
TO: Ted Glas
Director of Purchasing
FROM: Joe Weldon
Director of Parks and Recreation
SUBJECT: Chemical and Fertilizer co-op Bid
DATE: September 11, 1989
I recommend awarding the chemical and fertilizer co-op bid to the
lowest bidders.
u
Parks and Recreation
JW: j mh
REF:JW274
.
100 NW. 1st AVENUE
DElRAY BEACH, FLORIDA 33444
~
'. ........
;t:Y'
407/243,7000
[IT' OF DELAAY BEA[H
M E M 0 RAN DUM
TO: Malcolm T. Bird, Interim city Manager
THROUGH: John W, Elliott, Jr., Assistant City Manager/
Management Services
FROM:
Ted Glas, purchasing Director
!//J-'
DATE: september 8, 1989
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
SEPTEMBER 26, 1989 - BID AWARD - BID #89-67
HOUSING REHABILITATION PROGRAM
Item Before City Commission:
City Commission is requested to award contract to low
bidder, Tommy Preston for rehabilitation project totaling
$17,000. Per the Budget Office, funding for this project is
from account #118-1963-554-60.23 (Community Development
Capital - Housing Rehabilitation).
Background:
The Community Development Division handles
their formal bids on housing rehabilitation.
and processes
Purchasing's review of Bid #89-67 finds
compliance with city purchasing procedures.
bidder is, as follows:
it to be in
Low responsive
Property
915 SoW. 4th Street
Contractor
Tommy Preston
Amount
$17,000.
Recommendation:
Staff recommends award to low bidder as stated above, for
total cost of $17,000., with funding from account
#118-1963-554-60.23.
TG/tpc
Attachments:
Memorandum from Community Development
Bid Information Sheet
pc: Yvonne Kincaide
Lula Butler
Dorothy Ellington
S\F
T'.c E-C:~T ALiiAYS MATTERS
I
DNISYHOWI'W
68Lnd3S
MEMORANDUM
a3AI303B
'\,
TO: Malcholm Bird, Interim City Manager
FROM:
Dorothy Ellington , Community Development, Coordinator
Lula Butler, Director Community Improvement o&:J
Gt
THRU:
DATE: August 7, 1989
SUBJECT: Community Development Block Grant Program Activities
Housing Rehabilitation Grant Awards.
According to the City of Delray Beach, Community Development
Division's approved Statement of Policies and Procedures, we are
hereby requesting City Commission approval of one ( 1) Housing
Rehabilitation Grant Award. The grant amount is" based on the
actual cost of the rehabilitation as determined by the low
bidder, plus a 5% contingency. The contingency may be used for
change orders. All unused funds will remain with the Housing
Rehabilitation grant program.
Inspection of work will be done by the City's Building and
Inspection Department and the Community Development Division.
Rehabilitation contracts will be awarded to the low bidder.
Contracts will be executed between the building contractor and
the property owner. The City remains the agent and this office
will monitor all work performed by the contractor and will ensure
compliance according to specifications and program guidelines.
Pay Request forms will require both contractor and homeowner I s
signatures. Grant recipients have met all eligibility
requirements as specified in the approved Policies and
Procedures. The rehabilitation activity will bring the homes to
minimum code requirements by repairing roofs, electric and
plumbing systems and correcting other incipient code violations.
Detailed work write-ups and the individual case file is available
for review at the Community Development Division Office. The
Contract Award and Bid Summary sheet are attached for your
reference.
Housing Rehab Grant Awards are requested for the fOllowing:
Case#
Address
Grant Amount
87-003HR
915 S. W. 4TH St.
$17,000.00
HR2
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\
(2)
CITY OF DELRAY BEACH
COMMUNITY DEVELOPMENT DIVISION
REHABILITATION PROGRAM
BID INFORMATION SHEET
BID *: 89-~
APPLICANT: ETHEL SIMS
APPLICATION *: 87-003HR
PROJECT ADDRESS: 915 SOUTHWEST 4TH STREET. DEI.RAY BRACH'
DATE OF BID LETTERS: TlTNF 1 ~ 1 QRQ
DATE OF BID OPENING: JUNE 29. 1989
NAME OF CONTRACTORS AMOUNT OF BID
AVMA CONSTRUCTION ENGINEERS CORP. $
B & JR CONSTRUCTION $
DARRYL L. COOK $
FEC MANAGEMENT INC. $
FIRST CONSTRUCTION OF THE PALM BEACHES, INC. $
HENRY L. HAYWOOD $
MJD CONSTRUCTION SERVI CES $ 17.000. 00
TOMMY PRESTON $ 16,365.00
BERNIE HANUS $
IN - HOUSE ESTIMATE: $ 16,435.00
CONTRACTOR AWARDED CONTRACT: TOMMY PRESTON
BID/CONTRACT AMOUNT: $16,365.00
COMMENTS: REPRESENT RENEGOTIATION OF BID.
BIDFORM
MEMORANDUM
TO:
MALCHOLM BIRD, INTERIM, CITY MANAGER
DOROTHY ELLINGTON, COORDINATOR, COMMUNITY DEVELOPMENT 7::.\ ~:
FROM:
THRU:
SUBJECT:
LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT
AGENDA REQUEST/MOVING CONTRACT
This is to request Commission approval to move one city owned
house located at 213 Southwest 7th Street and to award the
contract to La Plant-Adair Co., 1200 West Industrial Avenue,
Boynton Beach, Florida.
A written proposal of $14,900.00
Plant-Adair, while Russell Movers
contractor in the area, did not bid.
was received from La
the only other moving
The house is being moved to 229 Northwest 4th Avenue. The lot is
owned by a resident of the Community Devleopment Target area who
is an eligible recipient of CDBG funds, and whose house was
determined to be unsafe and ineligible for rehabilitation. Once
the house is moved we will follow the approved and procedure for
rehabilitation of the replacement house.
" ,~.' J2 . / 1-
Y~~VJJ~ J[~ ,i;j)I-'L
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lAPlANT-ADAIR CO..
C-I.aclor. a"J m_;", E:..,;"..,.
1200 WEST INDUSTRIAL AVENUE
BOYNTON BEACH, FLORIDA 33426
PHONE (407) 737-8188
Community Development Division
City of De1ray Beach
100 N. W. First Avenue
De1ray Beach. Florida 33444
August 3, 1989
CONTRACT
LaPLANT-ADAIR CO. hereby agrees to furnish all labor. equipment and materials
to complete the following work as set forth below:
Move a fra.e building from 213 S. W. 7th Street. Delray Beach to a new site at
N. W. 3rd Avenue or N, W. 4th Avenue, Delray Beach.
Provide the following type of foundation at the new site: According to Code
and specifications,
This work shall be done for the total consideration of '1.,900.00. OWNER
shall bear all cost of removing (should it be necessary) overhead obstructions,
which includes traffic signals, cable television, telephone lines, power lines,
street lights. and trees, Also, costs of crossing railroads, including
flagmen, and the cost of removing any other obstruction that would hinder the
movement and placement of the building, and these monies are required in
advance upon estimates from the utilities and related services.
OWNER is to remove the 8' x la' addition with concrete floor and the 3'
projection on the front before LaPLANT-ADAIR CO, begins work.
OWNER to have land cleared of all debris that would hinder placing of building,
OWNER to provide two points and a line for placement of building. All
disconnection of plu.bing, electric, air conditioning, and all mechanicals, to
be done by others before our work begins,
The moving of said building shall be accomplished in a workmanlike manner,
provided, however, that LaPLANT-ADAIR CO. assumes no responsibility for, nor
shall it be liable for cracks, only for structural damage, Nor shall LaPLANT-
ADAIR CO, be liable for any sidewalk breakage at old or new site, LaPLANT-
ADAIR CO, is not responsible for cleaning up or leveling old site, No painting
or decorating is included.
BUIL..DING MOVING. RAISING. SHORING. UNDERPINNING. FACTORY RECONDITIONING. BRIOGES RAISED AND MOVED
WATER TOWERS MOVED. ROOFS RAISED AND LOWEREO . SUBMARINES MOVEa
.
.
'.
,
Co..unity Developaent Division
City of De1ray Beach
-2-
8/03/89
LaPLANT-ADAIR CO. aakes no representation or warranty regarding whether or not
zoning requireaents of the appropriate county or aunicipal govern.ent peraits
the reaova1 of said bUilding to the proposed new location. and saae is OWNER'S
sole responsibility. You. as OWNER. agree to secure all signatures required
for waivers of objections and to obtain the necessary consent of the
appropriate aunicipality to perait the reaoval of said building to its proposed
new location, LaPLANT-ADAIR CO. shall place the bUilding over the footing at
the new location in a good and work8anlike aanner. but shall not be responsible
for. nor shall it connect plwabing. electricity. or other connections. nor
shall it be required to obtain a Certificate of Occupancy. Building will be
located on new lot in accordance with written instructions given to LaPLANT-
ADAIR CO, prior to aoving. such location to be at your risk in compliance with
zoning requireaents. setbacks. et cetera. LaPLANT-ADAIR CO. is not to be held
responsible for any vandalisa or thievery occurring while this work is being
done,
OWNER agrees that in the event a suit be brought for the collection of any or
all of the aaounts due us under this contract. or if the saae has to be
collected on deaand of the attorney. OWNER shall pay a reasonable attorney's
fee charged LaPLANT-ADAIR CO. for said collection. and/or any court costs,
This agreeaent revokes and supersedes all previous agreeaents between these
parties either oral or written. and this agreeaent can be aaended or .odified
only by written change order signed by the parties hereto. This agreeaent is
not binding until all necessary peraits have been issued.
Payaents to be as follows: Downpayaent $2,980.00; $8.940.00 when building is
on our steel; $2,980.00 on day building is delivered to new site,
ACCEPTANCE;
~aJ
BY
Wi tne ed: c...,..,.., ~ ~_~ ~ .
OWNER/AGENT hereby authorizes
LaPLANT-ADAIR CO. to accoap1ish and
complete the above work as described.
and agrees to the conditions herein set
forth and to the payaent schedule.
By
Date: OJ" O.....J _:t. !?' f'1?/
Owner/Agent
Witnessed:
l
.
~rjGINEERING DEPARTMENT
MEMORANDUM
TO:
MALCOLM T. BIRD
INTERIM CITY MANAGER
THRU:
RICHARD ZUCCARO
DIR./DATA PROCESSINr.
FROM: JjACGATES D. CASTLE, P.E.
CITY ENGINEER
DATE:
SEPTEI1BER 14, 1989
SUBJECT: COMPUTER AIDED DRAFTING EQUIPMENT
FOR ENGINEERING DEPARTMENT
The Engineering Department currently has a PS-2 Model 80 computer,
purchased for computer aided draftinq (CAD) capabilities. Proposals
have been received to supply the necessary hardware and sof.tware to
establish a complete CAD workstation utilizing the existing PC. O~
the four (4) proposals received, the low bid was submitted by CADD
Centers of Florida in the amount of $ 13,680.00.
Computer Aided Drafting is a valuable tool and is fast becoming an
essential part of any Engineering office. The projected savings in
drafting time (estimated at approximately $ 6,000/vear based on a
25% time savings) justi~ies the expenditure, without considering
other benefits such as ease of mOdifying maps and drawings and re-
duction of required storage space. In addition to the Engineering
Department, it is proposed that the Planning and Utilities Depart-
ments also utilize this equipment.
The Agenda Request Form covering the approval to purchase this
equipment is attached for processing.
GDC:kt
.
.
,
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.
C .A.. :J:> :J:>
CENTERS OF FLORIDA
Offi~e location suppying services: 2003 Cypress C~eek Rd
Ft. lauderdale, Fl. 33309
Purohase Order is all that is necessary to order ~quipment.
Cadd Centers of Florida is rated as the Premier-Gnld Dea.ler
for AutoDESK. The company was seleoted as one nf the "top
50" in the country. In addition we were selected as the
leadin~ Calcomp dealer in the country (1988)
Costs are as follows:
Group I
Calcomp 23120 Digitizer................. 425.00
80387-20 Math Co-Processor.............. 495.00
Nth Engine (MeA Versionl................3450.00
Mono Manit.or............................ 90.00.
AutoCAD Version 10................... ,..2495.0B
DCA Engineerin~ COGO & INPUT..........:. 990.00
28-111 ria jf TFEliRin.(ti,L , r ....L....l_ui.}..1288.S8
Deliver and Install on Site...... ... .... N/C
Additional Hardware Group II
Calcomp 1025 Plotter.......,..,........ .4995.00
Calcomp Plotter Cable..............., ... 45.00
leT Plotstation................ ......... 695.00
Delivery and Installation..,........,.. N/C
TOTAL
..........................................
13 . 680
Systems Support:
All Hardware/Software will be be installed by our qualified
technical people as listed above. There will be a training
cla~s for the staff of 20 hours to cover AutoC\D and CAD
operations in ~eneral. Should the City desire training on DCA
that would be a seperate training program.
2003 Cypress Creek Road. Fort Lauderdale. Florida 33309 . C305l 772-7300 . FAX 1305l491-8570
l
.
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ProDO.al S~ Porm
PalM 2
uP 189-91
Pro~ b requir8d to COIIplet:. the foll_ing pricing lbt which
will be the det:erIDinillCJ factor in -aluating the co.t for "'ftware
and .ervlce..
Co.t for furni.hillCJ .oftware
Schedule of Price.
.
3yg.r J'11,1.80
.$ ID ,ge;-
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Annual Co.t for Enhan~Qta (one year).
Additional Co.t. (.0 atate): . . . . . .
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The under.igned atte.t. to (hi., her, their) authority to .ubmit
thi. proPO.al and to bind the UrID h.rein named to perforla a. per
contract, if awarded the Cowernmental CAD Norketation by the City
of Delray aeac)).
Date:
Cj
Witn....-Y.-tA- c? ./
Offic.r
Signature
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[ITY OF DELAAY BEA[H
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100 N.W. 1st AVENUE
DElRAY BEACH, FLORIDA 33444
407/243-7000
M E M 0 RAN DUM
TO: Malcolm T. Bird, Interim City, Manager
THROUGH: John W. Elliott, JR., Assistant City Manager/
Management Services
FROM:
Ted Glas, Purchasing Director
<1/4'
DATE: September 19, 1989
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING _
SEPTEMBER 26, 1989 - BID AWARD - BID #89-93
POMPEY PARKING LOT
Item Before City Commission:
The City Commission is requested to award contract for
construction of a parking lot at Pompey Park Little League
Ball Field to low bidder, Charles S. Whiteside, Inc., at a
cost of $38,730. Per the BUdget Office, funding for this
work is from account #334-4172-572-62.04 (General
Construction Fund Parks & Recreation -Pompey Park
Improvements - Parking Lot Expansion).
Background:
Monies were placed in the FY 88-89 budget to construct a
parking lot on 13th Avenue, south of the westerly entrance
to the Pompey Park Little League Ball Field.
Bids for this work were received on September 15, 1989 from
five (5) area contractors, all in accordance with City
purchasing procedures. (Bid #89-93. Documentation on file
in the Purchasing Office.) A tabulation of bids is attached
for your review.
The low bid was submitted by Charles S. Whiteside, Inc. at a
cost of $38,730. Engineering's estimate for this week is
$38,000.
Recommendation:
Staff recommends award to
Whiteside, Inc., at a cost of
above.
the low
$38,730.
bidder, Charles S.
Funding as outlined
Attachments:
Tabulation of Bids
Recommendation from Parks & Recreation
Recommendation from Engineering
pc Yvonne Kincaide
Joe Weldon
Gates Castle
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ENGINEERING DEPARTMENT
MEMORANDUM
TO:
TED GLAS
PURCHSING
THRU: '>-1/1 /\
/v Ai '--
GATES D. CASTLE, P.E.
CITY ENGINEER
FROM: t. ' q
CHARLES AXELROD
CIVIL ENGINEER
DATE:
SEPTEMBER 18, 1989
SUBJECT:
POMPEY PARKING LOT
AT LITTLE LEAGUE BALL FIELD
- - - - - -
- - - - - - - - - - - - - - - - - - - - - - - - - -
Engineering has reviewed the bids received for the subject project.
Based upon this review, it is recommended that the contract be
awarded to Charles S. Whiteside, Inc. based on their low bid of
$38,730.00.
The Engineer's estimate for this project is $38,000.
CA:slg
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MEMORANDUM
TO: Ted Glas
Director of Purchasing
FROM: Joe Weldon
Director of Parks and Recreation
SUBJECT: Parking Lot - Pompey Park
DATE: September 18, 1989
The following bids were received on September 15, 1989 concerning
the construction of additional parking at Pompey Park.
Hardrives
Community Asphalt
Ocean Bay
Charles Whiteside
Finton Construction
$43,830.00
$46,470.00
$56,765.20
$38,730.00
$41,403.00
Engineering designed an area of approximately 150' X 170' which
will provide additional parking for about 43 cars for Little
League and other park activities with access off of N.W. 13th
Avenue.
The apparent low bidder is Charles Whiteside at $38,730.00 with
funding from account #334-4172-572-62.04.
Parks and Recreation
JW: jmh
REF:JW284