11-28-89 Regular
CITY OF DELRAY BEACH, FLORIDA
REGULAR MEETING - CITY COMMISSION
November 28, 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.
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3. Pledge of Allegiance to the Flag.
4. Agenda approval.
Action: Motion to approve.
5. Approval of Special Meeting minutes of October 26, 1989.
PUBLIC HEARINGS
6. ORDINANCE NO. 71-89: An Ordinance for the voluntary annexation
of the Holland property located east of the BocaRay Plaza (Military
Trail and Linton Boulevard) with initial City zoning of POC (Planned
Office Center). City Manager and Planning and Zoning Board recommend
approval.
7. ORDINANCE NO. 77-89: An Ordinance amending the Bed and Breakfast
Ordinance (53-89) to expand the zoning designation in which a Bed and
Breakfast use can exist. City Manager recommends approval.
8. ORDINANCE NO. 79-89: An Ordinance amending the Zoning Code to
delete references to maximum floors in the RM-15 and RM-10 zone
district. City Manager recommends approval.
9. ORDINANCE NO. 80-89:
requirements for Industrial
Attorney recommend approval.
An Ordinance adopting EPA
Pretreatment. City Manager
mandated
and City
10. ORDINANCE NO. 81-89:
provide for legislative
regulations. City Manager
An Ordinance amending
changes made to the
recommends approval.
the City Code to
Code Enforcement
11. ORDINANCE NO. 82-89: An Ordinance formally adopting the
Comprehensive Plan with modifications in compliance with objections
from the Department of Community Affairs. City Manager and Planning
and Zoning Board recommend approval.
PUBLIC COMMENTS
12. Comments and Inquiries on Non-Agenda Items from the Publ~c.
FIRST READINGS
13. ORDINANCE NO. 76-89: An Ordinance amending the Code of
Ordinances by enacting a new subheading "Change Orders and Contract
Modifications" to provide for approval procedures for Change Orders to
construction and non-construction contracts, contract modifications
and internal procedures for processing those documents. City Manager
recommends approval. If passed public hearing December 12th.
Agenda
Meeting of 11/28/89
14. ORDINANCE NO. 78-89: An Ordinance amending the Code of
Ordinances to provide additional information relating to
qualifications and time frames for qualifying for special elections to
fill vacancies created by Municipal recall. City Manager and City
Attorney recommend approval. If passed public hearing December 12th.
15. ORDINANCE NO. 83-89: An Ordinance
to accommodate a veterinary clinic.
Zoning Board recommend approval. If
12th.
amending the Linton Square SAD
City Manager and Planning and
passed public hearing December
REGULAR AGENDA
16. WAIVER OF BID REQUIREMENTS AND
performance bond requirements and
Roofing the company awarded the bid
re-award bid at a reduced amount
recommends approval.
RE-AWARD OF BID: Consider waiving
insurance provisions for McNabb
for repair of Pompey Park roof and
and with conditions. City Manager
17. WAIVER OF BID REQUIREMENT: Consider waiving the insurance
require~ent for Lush Landscaping and Design the company awarded the
bid for landscaping of the North Water Plant. City Manager and City
Attorney recommend approval.
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18. CONDITIONAL USE AND SITE PLAN APPROVAL: Consider request from
the Drug Abuse Foundation for conditional use and site plan approval
for a proposed full service drug abuse prevention and treatment
campus on Swinton Avenue and S.W. 4th Street. City Manager and
Planning and Zoning Board recommend approval.
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19. SITE PLAN APPROVAL: Consider request for site plan approval for
a proposed Target Shopping center to be located on the south side of
Linton Boulevard between S.W. 10th Avenue and Wallace Drive
(Germantown Road, if extended). City Manager recommends approval.
Planning and Zoning Board split recommendation (3-3 vote/ Coopersmith,
purdo and Schmidt dissenting).
20. SITE PLAN APPROVAL AND MODIFICATIONS TO WATER SERVICE AGREEMENT:
Consider request for site plan approval for Delray Senior Living, Inc.
and modification of portion of water service agreement to delete
requirement of meeting City development regulations. City Manager and
Planning and aZoning Board recommend approval (5-2 vote/ Coopersmith
and Purdo dissenting).
21. SITE PLAN APPROVAL: Consider request for site plan approval for
a proposed 16 unit multiple family project, Renaissance on the Ocean,
to be located on the east side of A-1-A, just south of Linton
Boulevard. City Manager and Planning and Zoning Board recommend
approval.
22. SITE PLAN MODIFICATION APPROVAL: Consider request for
modification to established site plan for BocaRay Plaza to establish a
Pizza Hut Restaurant on the remaining out parcel. City Manager and
Planning and. Zoning Board recommend approval.
23. NORTH FEDERAL HIGHWAY BEAUTIFICATION: Provide direction and
approval for redesign of landscape and irrigation for the North
Federal Highway beautification project utilizing plant materials
acceptable to D.O.T. City Manager recommends approval with the City's
Horticulturist doing the redesign work in house.
24. WAIVER TO THE LANDSCAPE REQUIREMENTS: Consider request from Mr.
and Mrs. Leroy Hayes for waiver of landscape requirements for
property located at 13 N.W. 10th Avenue. City Manager recommends
approval.
25. REQUEST FOR ADDITION TO LIST OF NOSTALGIC SIGNS- ROD & GUN CLUB
RESTAURANT: Consider request to advertise for public hearing to add
the sign at the Rod and Gun Club Restaurant located at 4285 W.
Atlantic Avenue to the City's list of Nostalgic Signs. City Manager
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Agenda
Meeting of 11/28/89
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and Nostalgic Sign Committee recommend denial.
26. REQUEST FOR PAYMENT OF LEGAL FEES: Consider request from Mr.
Friedman to pay fees incurred in conjunction with obtaining a Board
Order for a variance from the Board of Adjustment. A recommendation
will be provided from the City Attorney's Office prior to your Tuesday
evening meeting.
27. APPROVAL OF ADVERTISEMENT FOR CITY MANAGER POSITION: Consider
request from the City Manager Selection Committee to approve ad to be
used to solicit applicants for the City Manager position.
CONSENT AGENDA
28. REQUEST FOR PAYMENT OF LEGAL FEES: Consider request from former
City Manager Walter Barry to pay legal fees in the amount of $1,166.30
for services rendered in preparation of defense against alleged sexual
harassment and discrimination charges.
29. REQUEST FOR PAYMENT OF LEGAL FEES: Consider request for payment
of legal fees in conjunction with the Palm Beach Newspapers, Inc. v.
Charles Kilgore case. This request is for fees in the amount of
$3,622 to be paid to the attorney for Palm Beach Newspapers, Inc. as
maBda.ted by th~ Public '-R~e-e!:'di3 ,st-atut'E!. (:'1.ty -Ma-I\il"lj-er -and qity
Attorney recommend approval subject to determination that the fee
amount is reasonable.
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30. RATIFICATION OF CHAMBER OF
RELATIONS COMMITTEE: Consider
appointment of Dr. Jay Alperin to
term ending March 15, 1990.
COMMERCE
ratifying
the Human
APPOINTMENT TO THE HUMAN
Chamber of Commerce
Relations Committee to a
31. RATIFICATION OF AMENDMENT TO INTERLOCAL
ratification of amendment to interlocal agreement
City of Boynton Beach adopting the standards
wastewater as specified in the Industrial Waste
Agreement. City Manager recommends approval.
AGREEMENT: Consider
between the City and
for discharge of
and Pretreatment
32. RATIFICATION OF FIRST AMENDMENT TO INDUSTRIAL WASTE AND
PRETREATMENT AGREEMENT: Consider ratification of amendment to
Industrial Waste and Pretreatment agreement which sets the limits on
disposal of hazardous chemicals into the wastewater system to meet the
Environmental Protection Agency's standards. City Manager recommends
approval.
33. RATIFICATION OF CHANGE ORDER NO. 2- CITY HALL EXPANSION PROJECT:
Consider approving Change Order No.2 in the amount of $37,969. This
change represents an increase in contract for proposed interior
changes. Additionally, a seven calendar day time extension in
requested to implement those changes. City Manager recommends
approval with funding from the 1987 Utility Tax Bond interest
earnings.
34. FINAL PLAT APPROVAL: Consider approval of final plat for Royal
Commercial Park of Delray (R&N) located on the east side of Congress
behind the Exxon Station on Atlantic Avenue. City Manager and
Planning and Zoning Board recommend approval.
35. FINAL PLAT APPROVAL: Consider
for Fountaine Fox House (Ocean Apple
Boulevard, between N.E. 8th Street and
Atlantic Ocean to Andrews Avenue.
Zoning Board recommend approval.
request for final plat approval
Estates) located on North Ocean
Beach Drive, extending from the
City Manager and Planning and
36. TEMPORARY TENT PERMIT: Consider approving a temporary tent
permit for the Delray Beach Historical Society to erect a tent on the
grass west of Cason Cottage, from December 1 - 4, 1989, for the grand
opening of the Victorian Christmas House. City Manager recommends
approval.
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Agenda
Meeting of 11/28/89
37. RESOLUTION NO. 87-89: A Resolution authorizing the Florida
Department of Revenue to wire revenues to the City's agent, Barnett
Bank of Palm Beach County, from the Local Government Half-cent Sales
Tax Fund. City Manager recommends approval.
38. RESOLUTION NO. 88-89: A
Department of Revenue to wire
Bank of Palm Beach County, from
Manager recommends approval.
39. RESOLUTION NO. 89-90: A Resolution authorizing the Florida
Department of Revenue to wire revenues to the City's agent, Barnett
Bank of Palm Beach County, from the Local Government's Local Option
Gas Tax Fund. City Manager recommends approval.
Resolution authorizing the Florida
revenues to the City's agent, Barnett
the State Revenue Sharing Fund. City
40. RESOLUTION NO. 91-89: A Resolution accepting abandonment of the
south 25 feet of right-of-way on Royal Palm Boulevard. City Manager
and Planning and Zoning Board recommend approval.
41. AWARD OF BIDS AND CONTRACTS:
A. Golf Course Environmental Audit- CH2M Hill in the amount of
$1,980 with funding from Golf Course Administration Engineering
S<arv-i-<l<!ilS (Account ,No. 44-5-4711--572- 3 3. 11) . If
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42. Comments and Inquiries on Non-Agenda Items:
A. Commission
B. City Attorney
C. City Manager
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT: AGENDA REPORT - MEETING OF NOVEMBER 28, 1989
DATE: November 23, 1989
PUBLIC HEARINGS
Item No. 6 (Ordinance No. 71-89) This is a Second Reading of an
Ordinance for the voluntary annexation of the Holland property located
east of the BocaRay Plaza (Military Trail and Linton Boulevard) with
initial City zoning of POC (Planned Office Center).
The property proposed for annexation is a 10.4 acre parcel lying south
of Linton Boulevard, east of Military Trail and west of Germantown
Road. The entire area is agricultural in nature and is comprised of a
nursery, single family residence, a few mobile home sites, and a
stable for live stock. Annexation will not cause the creation of an ~
additional enclave(s).
Although the proposed zoning of POC is not compatible with the
existing County AR (Agricultural Residential) zoning to the east
(Bloods Grove), future development on the two properties is assured
through compatibility of the land use designations and the City's site
and development regulations.
The Planning and Zoning Board at it's October 16th meeting recommended
approval. A detailed staff report is available for review in the City
Manager's office.
Recommend approval of Ordinance No. 71-89.
Item No. 7 (Ordinance No. 77-89) This is a Second Reading of an
Ordinance amending the Bed and Breakfast Ordinance (56-89) to expand
the area in which the use can exist to include designated historic
sites, buildings, or structures within the RM (Residential Medium),
RM-6 and RM-10 (Residential- Medium to High), RH (Residential High),
RO (Residential Office), CBD (Central Business District), and GC
(General Commercial) zoning districts.
Recommend approval of Ordinance No. 77-89.
Item No. 8 (Ordinance No. 79-89) This is a Second Reading of an
Ordinance amending the Zoning Code to delete references to maximum
floors in the RM~15 and RM-10 zone district. Another similar
Ordinance (74-89) was denied based upon it's reference to the RM-6
zone district. This ordinance doesn't contain that designation.
Recommend approval of Ordinance No. 79-89.
Item No. 9 (Ordinance No. 80-89) This is a Second Reading of an
Ordinance adopting EPA mandated requirements for Industrial
Pretreatment. This Ordinance provides for an increased fine for
hazardous waste disposal violations from $100 to $1000 per day;
resampling and analysis of violation sites within 30 days; and
sampling of discharges following the issuance and reissuance of
permits as recommended by Camp, Dresser and McKee.
Recommend approval of Ordinance No. 80-89.
Item No. 10 (Ordinance No.
Ordinance amending the City
made to the Code Enforcement
81-89) This is a Second Reading of an
Code to provide for legislative changes
regulations. Those revisions include:
A. An amendment granting the Code Enforcement Board jurisdiction
over all non-criminal ordinances.
B. An amendment to define a repeat violation as one committed by
a person who has violated the same provision within five years.
AGENDA REPORT
Meeting of 11/28/89
C. Sets the manner in which code enforcement officers handle
repeat violations.
D. Allows Code Enforcement Board Orders to be recorded in public
records once they are issued. This gives notice to potential
purchasers of the Order.
E. Amendment to clearly differentiate between the handling of a
first violation and a repeat violation and sets the fine rates up
to $250 per violation per day for first offenders and up to $500
per violation per day for repeat violators.
F. Amendment to give the Code Enforcement Board lien 20 years of
life rather than 4 years and allows us to recover costs and
attorney fees related to foreclosure of a Code Enforcement Board
lien.
G. Creates new section which allows our Code Enforcement
Officers to issue citations for code violations.
A detailed memo is attached as backup for this item.
Recommend approval of Ordinance No. 81-89.
Item No. 11 (Ordinance No. 82-89) This is a Second Reading of an
Ordinance formally adopting the Comprehensive Plan in compliance with
objections from the Department of Community Affairs. This action is
required prior to forwarding the Comprehensive Plan back to the State
for final review and finding of compliance or non compliance. If the
Plan is in compliance, a notice is advertised. A 21 day appeal period
is required which would make the effective date some time in February.
If the Plan is not in compliance, an Administrative Hearing is
required. Although the changes appear to be voluminous in nature,
they are mostly copies of policies and explanatory material.
It is intended that once the Decade of Excellence Bond Issue is
decided, the Plan will be "in compliance". In addition it is
recommended that a composite of the Citizens Task Teams be constituted
in early 1990 for the purpose of considering a significant amendment,
thus making the Plan a more effective management tool.
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Recommend approval of Ordinance No. 82-89.
FIRST READINGS
Item No. 13 (Ordinance No. 76-89) This is a First Reading of an
Ordinance amending the Code of Ordinances by enacting a new subheading
"Change Orders and Contract Modifications" to provide approval
procedures for Change Orders to construction and non-construction
contracts, contract modifications and internal procedures for
processing those documents. This ordinance incorporates previous
administrative policies into a standard for Change Orders and contract
modifications processing. The City Manager is designated as the
approval authority on all Change Orders or contract modifications
under the amount of $10,000. For Change Orders and contract
modifications over $10,000 and requests for extension of time,
Commission approval will be required. Additionally, change orders of
an insignificant nature (less than $25) will not be required to be in
writing.
Recommend approval of Ordinance No. 76-89.
Item No. 14 (Ordinance No. 78-89) This is a First Reading of an
Ordinance amending the Code of Ordinances to provide additional
information relating to qualifications and time frames for qualifying
for special elections to fill vacancies created by Municipal recall.
Language has been added to this Ordinance specifying that in order to
qualify as a candidate for a special recall election, the candidate
must file with the City Clerk, no earlier than 8:00 a.m. two days
after the Circuit Court Judge sets the date for the special recall
election and no later than 5:00 p.m. on the eighth day after the date
has been set.
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AGENDA REPOR~
Meeting of 11/28/89
Recommend approval of Ordinance No. 78-89.
Item No. 15 (Ordinance No. 83-89) This is a First Reading of an
Ordinance amending the Linton Square SAD to accommodate a vaterinary
clinic in a vacant bay in the Linton Square Shopping Center located on
the northwest corner of Linton Boulevard and Congress Avenue. The
Linton Square SAD was established by Ordinance 52-84 to accommodate
retail development on property which was designated for Industrial
use. The use of "veterinary clinic" was one of the uses originally
excluded from the site. The applicant is proposing to operate a
veterinary clinic, for emergency animal care only, the hours of
service will be from 6 p.m. to 8 a.m. There will be no on site
disposal of carcasses or boarding in excess of overnight accommodation
of patients for medical treatment.
The Planning and
recommended approval.
in the City Manager's
Zoning Board at
A detailed staff
Office.
it's November 20th meeting
report is available for review
Recommend approval of Ordinance 83-89.
REGULAR AGENDA
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Item No. 16 Waiver of Bid Requirements and Re-Award of Bid. At your
September 12th regular meeting, the Commission awarded McNabb Roofing
the bid for repair of the roof at Pompey Park in the amount of
$18,400. McNabb was the only bidder for this project. Subsequently,
they have not been able to get a performance bond, nor are they able
to meet our insurance requirements of $500,000 for combined single
limit of liability for bodily injury and property damage. McNabb
currently has $300,000 in insurance and is offering to reduce the
contract price by $466, the costs of a performance bond. They will
also provide the City with a list of projects they have completed in
the past. In addition, staff has negotiated with McNabb and have
arranged that in exchange for waiving requirements, payment will be
withheld from McNabb until the roof is satisfactorily completed.
Recommend approval of waivinq bid requirements reqardinq performance
bond and insurance rovisions for McNabb Roofin and re-award the
Pom e Park roof bid at a reduced amount (17 934) with a ment
delayed until the work is satisfactorily completed.
Item No. 17 Waiver of Bid Requirement. Lush Landscaping and Design
were awarded the bid on the North Water Plant Landscaping project.
Subsequently they have not b~~ able to obtain insurance at the limit
specified in the bid specifications. Due to the fact that this
construction is taking place entirely on our property, thus reducing
our exposure as compared to right-of-way projects, the Risk Manager
believes that the $300,00/$100,000 coverage that Lush has is sufficent
coverage.
Recommend approval of waiver of bid requirement for Lush Landscapinq
and Desiqn.
Item No. 18 Conditional Use and Site Plan Approval. The Drug Abuse
Foundation is requesting conditional use and site plan approval for a
proposed full service drug abuse prevention and treatment campus on
Swinton Avenue and S.W. 4th Street. This project will be developed
in two phases. Phase I involves constructionfa 7,293 square foot, 40
bed drug abuse facility and improvements to the parking area which
will be used by the new facility. Phase II will not commence until
the church vacates the property and involves the upgrading of the
balance of the western parking area and balance of parking along S.W.
4th Street, installation of landscape requirements. It is anticipated
that this action will occur in two or three years.
The Planning and Zoning Board at it's November 20th meeting
recommended approval with conditions. A detailed staff report is
available for review in the City Manager's Office.
Recommend approval of conditional
modification for the Druq Abuse
stipulated by the Planninq and Zoninq
use and attendant site plan
Foundation with conditions as
Board.
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AGENDA REPORT
Meeting of 11/28/89
It~m No. 19 Site Plan Approval. We have received a request for site
plan approval for a proposed Target Shopping center to be located on
the south side of Linton Boulevard between S.W. 10th Avenue and
Wallace Drive (Germantown Road, if extended). This project involves
construction of a 203,027 square foot Target shopping center, a
McDonald's Restaurant (previously approved) and an 8,000 square foot
office building. In August 1988, the Commission approved rezoning for
this site. At the same time, the site plan for McDonalds was
approved. Subsequently, other tenants have been secured and a full
shopping center is being planned for this site. Moreover a plat and
abandonment of right-of-way is also being processed with this site and
development plan request.
The Community Appearance Board has given conceptual/ preliminary
approval to the landscaping plan/ concepts and to the elevations for
all aspects of the center except the Target Store. The initial
architectural treatment was rejected. Revised elevations will go
before the C.A.B. at their next meeting.
The Planning and Zoning Board at it's November 20th meeting
was split ~n it's recommendation (3-3 vote). Those who opposed the ~
motion generally felt that the development proposal was inappropriate
for the area and was not in keeping with adjacent development design.
Those who supported the motion were sympathetic to the dissenting
group but felt the die had been cast for this type of development and
the proposal represented the best that could be achieved. The
recommendation as set forth and the conditions of approval were
agreeable to the applicant.
Additionally, it is staff's recommendation that if approval is
granted, it be in the form of a motion as prepared by the Planning and
Zoning Board "approval of the site plan along with granting of
Administrative Relief to accommodate 95 compact car spaces and waiver
of requirements for perimeter landscaping along interior tract/ lot
boundaries in the center, subject to the following conditions. ..".
A detailed staff report is available for review in the City Manager's
Office as well as attached as backup material for this item.
Recommend approval of site and development plan for Tarqet subiect to
the conditions as stipulated by the Planninq and Zoninq Board.
Item No. 20 Site Plan Approval and Modifications to Water Service
Agreement. We received a request for site plan approval for Delray
Senior Living, Inc. and for modification of the portion of the water
service agreement as it relates to meeting the requirements of City
development regulations. This development involves the construction.
of a 345,430 square foot congregate living facility, during Phase I;
and a 37,200 congregate living facility during Phase II. This project
is located on the southeast corner of West Atlantic Avenue and the E-3
Canal approximately 2,500 feet west of Military Trail.
In September 1989, the Commission approved a water service agreement
for this project. A condition of that approval was that formal site
plan approval be pursued. This plan has been processed through the
County Planning Board and was forwarded to the County Commission with
a recommendation of approval subject to conditions. In order to
receive City Commission approval of the site plan, a provision of the
water service agreement requires that the development be in compliance
with City development regulations. Staff has reviewed this project
and identified the items which conflict with our regulations. They
are: 1) unit count; 2) number of parking spaces; 3) number of
loading zones; and 4) height. As it has been determined that these
items will not have an adverse impact to the site of adjacent
development, staff recommends that the water service agreement be
modified to waive compliance with our development regulations.
The Planning and Zoning Board at it's November 20th meeting
recommended approval (5-2 vote). The Community Appearance Board has
given conceptual/ preliminary approval of the landscaping plan/
concepts and approved the elevations. A detailed staff report is
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AGENDA REPORT
Meeting of 11/28/89
available for review in the City Manager's Office.
Recommend approval of site and
Livinq Facility and modification
waive the provisions for complaince
development plan for Delray Senior
to the water service aqreement to
with our development requlations.
Item No. 21 Site Plan Approval. We received a request for site plan
approval for a proposed 16 unit multiple family project, Renaissance
on the Ocean, to be located on the east side of A-1-A, just south of
Linton Boulevard. This project site was previously the Colony Surf of
Delray Beach, a 8 unit hotel facility developed under County
regulations. That project was demolished and the 1.1 acre parcel is
currently vacant. This project consists of construction of a five
story 16 unit luxury condominium development. Subgrade parking will
occupy the first floor with four floors of residential units above it.
This is a straightforward site and development plan. The proposal
conforms with codes, no variances or waivers are sought.
The Planning and Zoning Board at it's November 20th meeting
recommended approval subject to conditions. The Community Appearance
Board approved preliminary landscape plan and elevations. A detailed
staff report is available for review in the City Manager's Office. ~
Recommend approval of site and development plan for Renaissance of the
Ocean.
Item No. 22 Site Plan Modification Approval. We received a request
for modification to an established site plan for BocaRay Plaza located
on the southeast corner of Linton Boulevard and Military Trail. The
modification involves the establishment of a Pizza Hut Restaurant on
the remaining out parcel. This project consists of the construction
of a 3,220 square foot Pizza Hut restaurant and modifications to the
parking layout, ingress/ egress and the internal/external landscape
areas. The site was originally approved for a bank and provided
back-out parking spaces as well as three bank teller areas which
emptied into the main circulation system. The current development
proposal provides a self contained parking area orientated around the
restaurant use.
The Planning and Zoning Board at it's November 20th meeting
recommended approval subject to conditions. The Community Appearance
Board approved the landscape plan and elevations. A detailed staff
report is available for review in the City Manager's Office.
Recommend approval of site plan modification for BocaRay Plaza.
Item No. 23 North Federal Highway Beautification. At your October 3rd
workshop meeting, staff presented information regarding our attempts
to get permits for curbing on Federal Highway. The Department of
Transportation has denied our request for permits to recurb medians on
North and South Federal Highway as our plans did not comply with
current DOT standards. In order to comply with those standards we
would have to reconstruct all of the concrete separators in addition
to replacing mountable curbs with non-mountable curbs at a cost of
approximately $79,000. These changes would make the total project
cost approximately $159,698.75.
As these additional requirements double the amount of the project it
is recommended that the landscape plan be revised utilizing plant
materials, similar to that installed by the City of Boynton Beach,
which would be acceptable to DOT and would preclude us from having to
replace the existing mountable curbing. In order to expedite this
project, The City's Horticulturist will be doing the redesign work in
house.
Recommend approval of revised
Federal Hiqhway usinq plant
by the City's Horticulturist.
landscape plan for North and South
materials accePtable to DOT and desiqned
Item No. 24 Waiver to the Landscape Requirements. Consider request
from Mr. and Mrs. Leroy Hayes for waiver of the landscape code for
property located at 13 N.W. 10th Avenue. Mr. and Mrs. Hayes have a
"grandfathered" residential use at this address. As commercial
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AGENDA REPORT
Meeting of 11/28/89
expansion is the only type permitted under the GC zoning, they are
proposing to expand and upgrade the property to include a business use
(wig shop). Because of the configuration of the land, however,
waivers of the landscaping requirements are needed in order to
accommodate expansion. The Hayes are requesting the following items
be waived: 1) requirement for a five foot strip between the street
and parking area; 2) requirement for a 10 foot landscape set back;
3) requirement regarding landscape islands containing a minimum 75
square feet with a minimum width of five feet. The Board of
Adjustment have already approved the appropriate variances on this
property.
Recommend approval of request for waiver of the landscape code for
property at 13 N.W. 10th Avenue.
Item No. 25 Request for Addition to List
Club Restaurant. Ms. Patricia M. Jones
Rod and Gun Club Restaurant located at
added to the list of Nostalgic Signs.
built back in the early 60s.
of Nostalgic Signs- Rod & Gun
is requesting the sign at the
4285 W. Atlantic Avenue be
The signage was designed and
This sign is currently in violation of City Code as it does not meet
the setback requirement. Moving the sign to an alternate sight has
been discussed with the applicant. The Nostalgic Sign Committee
reviewed this request and recommends denial.
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If approved, a public hearing pursuant to
Ordinances will be advertised to consider
Exception" to allow the existing sign to
Club Restaurant.
Section
waiving
remain
30.15 of the Code of
"Off Premises Signs;
at the Rod and Gun
Recommend consideration of request to advertise the siqn at the Rod
and Gun Club for addition to the list of Nostalqic Siqns.
Item No. 26 Request for Payment of Legal Fees. Mr. Friedman is
requesting payment of legal fees incurred in conjunction with
obtaining a Board Order for a variance from the Board of Adjustment.
The City Attorney's office will provide additional information on this
item prior to your Tuesday evening meeting. A recommendation will
also be provided at that time.
Recommend consideration of request for payment of leqal fees.
Item No. 27 Request for Approval of Advertisement. The City Manager
Selection Committee has prepared the advertisement, attached as backup
for this item, for your review and approval. This ad will be used as
a tool in gathering applications for the City Manager position. The
ad will be placed in the International City Manager's Association
Newsletter in the first available issue in December and again in the
first issue in January. A January 31st deadline for receiving
applications has been established.
Recommend approval of advertisement for the City Manaqer position.
CONSENT AGENDA
Item No. 28 Request for Payment of Legal Fees. Former City Manager
Walter Barry is requesting payment of legal fees in the amount of
$1,166.30 for services render in preparation of defense against
alleged sexual harassment and discrimination charges. This bill
reflects the agreement reached regarding a questionable telephone
consultation charge.
Recommend consideration of payment of leqal fees in the amount of
$1,166.30 for former City Manaqer Walter Barry.
Item No. 29 Request for Payment of Legal Fees. This is a request for
payment of legal fees in conjunction with the Palm Beach Newspapers,
Inc. v. Charles Kilgore case. This case involved the request for
internal investigative files. The court ruled that they were public
records, and prior to appeal of the issue, the documents were released
because the investigation was completed. The appellate court ruled
that review of the case was moot because the records were already
- 6 -
AGENDA REPORT
Meeting of 11/28/89
released. The Public Records Statute permits Palm Beach Newspapers,
Inc. to move for and collect reasonable attorney's fees. The fees in
this case ~mounted to $3,622. The City Attorney's office is assessing
the arrangement between the Palm Beach Post and it's law firm to
insure that the fees are in fact reasonable.
Recommend consideration of a ment
News a ers Inc. in the amount of
that the fee amount is reasonable.
of attorne 's fees for Palm Beach
3 622 sub ect to a determination
Item No. 30 Ratification of
Human Relations Committee. At
of Commerce appointed Dr. Jay
vacant position on the Human
March 15, 1990.
Chamber of Commerce Appointment to the
their November 1st meeting, the Chamber
Alperin to fill the Chamber of Commerce
Relations Committee to a term ending
Recommend ratification of Chamber of Commerce appointment of Dr. Jay
Alperin to the Human Relations Committee to a term endinq March 15,
1990.
Item No. 31 Ratification of Amendment to Interlocal Agreement.
This action is to ratify an amendment to our interlocal agreement
with Boynton Beach regarding discharge of wastewater into the regional
facility. This amendment provides for adoption of the standards
outlined in the Industrial Waste and Pretreatment Agreement and as
specified by the Environmental Protection Agency.
Recommend ratification of amendment to the interlocal aqreement
between the City and Boynton Beach.
Item No. 32 Ratification of First Amendment to Industrial Waste and
Pretreatment Agreement. This amendment reflects the limits set on
disposal of hazardous chemicals into the wastewater system as
recommended by the Environmental Protection Agency. Following
ratification of this amendment an ordinance will be prepared to
formally adopt and incorporate these standards into our Code of
Ordinances.
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Recommend ratification of first amendment to the Industrial Waste and
Pretreatment Aqreement.
Item No. 33 Ratification of Change Order No. 2- City Hall Expansion
Project. This change represents an increase in contract and is for
proposed interior changes. At your October 10th meeting, the
Commission authorized approval of additional architectural services to
redesign office space previously allocated. This change order
accommodates those changes and represents the cost ($37,969) to
implement those changes. Additionally, a seven calendar day time
extension is requested to construct those interior design changes.
Funding is available from the 1987 Utility Tax Bond interest earnings.
Recommend a roval of Chan e Order No. 2 to the Cit Hall ex ansion
project in the amount of 37,969 with fundinq from interest earninq on
the 1987 Utility Tax Bond Issue.
Item No. 34 Final Plat Approval. We received a request for final
plat approval for Royal Commercial Park of Delray (formerly R&N)
located on the east side of Congress behind the Exxon Station on
Atlantic Avenue. In March 1989, the Commission approved a site plan
for two buildings on this parcel subject to conditions. One of those
conditions was that the development be platted. This item is before
you for action on that condition. The project is comprised of a
single lot subdivision, which was part of a larger unplatted tract.
The plat provides for the dedication of easements to cover existing
and proposed utilities.
The Planning and
recommended approval.
in the City Manager's
Zoning Board at
A detailed staff
Office.
it's November 20th meeting
report is available for review
Recommend approval of final plat for Royal Commercial Park of Delray.
- 7 -
AGENDA REPORT
Meeting of 1i/28/89
Item No. 35 Final Plat Approval. We received a request from the
owners of Fountaine Fox House (Ocean Apple Estates) for final plat
approval. This site is comprised of 2.93 acres which is proposed for
subdivision into three single family R-1AAA zoned lots. ~he land
affected by the subdivision lies between Andrews Avenue on the west
and the Atlantic Ocean on the east. The property is already divided
by the right-of-way of Ocean Boulevard. The plat proposes to formally
divide the property into three parcels, one adjacent to Andrews
Avenue, one adjacent and west of Ocean Boulevard and one adjacent and
east of Ocean Boulevard.
The Planning and Zoning Board
recommended approval.
at
it's November 20th meeting
Recommend approval of final plat for Fountaine Fox House (Ocean Apple
Estate).
Item No. 36 Temporary Tent Permit. The
Society is requesting permission to erect
grass west of Cason Cottage from December
opening of the Victorian Christmas House.
the arts and crafts portion of the event.
Recommend approval of temporary tent permit for the qrand openinq of
the Victorian Christmas House.
Delray Beach Historical
a temporary tent on the
1-4, 1989 for the grand
The tent will be used for
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Item No. 37 (Resolution No. 87-89) A Resolution authorizing the
Florida Department of Revenue to wire revenues to the City's agent,
Barnett Bank of Palm Beach County, from the Local Government Half-cent
Sales Tax Fund. In the past a check for these funds was mailed to us.
We then had to make the deposit. Electronic transfer will eliminate
the mail time, allow us direct access to these funds, and result in
increased interest earnings. The cost for wire transfers are
approximately $8 (per transaction) for incoming transfers and $8 (per
transaction) for outgoing transfers. The handling cost of those
transactions will be deducted from the revenues received.
Recommend approval of Resolution No. 87-89.
Item No. 38 (Resolution No. 88-89) A Resolution authorizing the
Florida Department of Revenue to wire revenues to the City's agent,
Barnett Bank of Palm Beach County, from the State Revenue Sharing
Fund. In the past a check for these funds was mailed to us. We then
had to make the deposit. Electronic transfer will eliminate the mail
time, allow us direct access to these funds, and result in increased
interest earnings. The cost for wire transfers are approximately $8
(per transaction) for incoming transfers and $8 (per transaction) for
outgoing transfers. The handling costs for the transfer will be
deducted from the revenues received.
Recommend approval of Resolution No. 88-89.
Item No. 39 (Resolution No. 89-89) A Resolution authorizing the
Florida Department of Revenue to wire revenues to the City's agent,
Barnett Bank of Palm Beach County, from the Local Government's Local
Option Gas Tax Fund. In the past a check for these funds was mailed to
us. We then had to make the deposit. Electronic transfer will
eliminate the mail time, allow us direct access to those funds, and
result in increased interest earnings. The cost for wire transfers
are approximately $8 (per transaction) for incoming transfers and $8
(per transaction) for outgoing transfers. The handling cost of those
transactions will be deducted from the revenues received.
Recommend approval of Resolution No. 89-89.
Item No. 40 Resolution No. 91-89: A Resolution accepting
abandonment of 25 feet of right-of-way on Royal Palm Drive. Trainer
Roofing is requesting abandonment of Royal Palm Drive as part of their
future development plans. The City's standard procedure requires that
the abandonment of right-of- way be consummated with a replat of the
site. There are no current development proposals for this site
therefore it is appropriate for the abandonment to proceed. In the
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AGENDA REPORT
Meeting of 11/28/89
future however, if development should proceed, then a plat must be
pr~pared encompassing the vacated right-of-way.
Recommend approval of Resolution No. 91-89.
Item No. 41 Award of Bids and Contracts.
A. Golf Course Environmental Audit- CH2M Hill in the amount of
$1,980 with funding from Golf Course Administration Engineering
Services (Account No. 445-4711-572-33.11).
Item No. 42 Comments and Inquiries on Non-Agenda Items:
A. Commission
B. City Attorney
C. City Manager
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ORDINANCE NO, 7l-89
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO
THE CITY OF DELRAY BEACH A PARCEL OF LAND
LYING AND. BEING IN SECTION 25, 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 ON THE SOUTH SIDE OF LINTON BOULE-
VARD, APPROXIMATELY 600 FEET EAST OF MILITARY
TRAIL; REDEFINING THE BOUNDARIES OF SAID CITY
TO INCLUDE SAID LAND; PROVIDING FOR THE
RIGHTS AND OBLIGATIONS OF SAID LAND; PROVID-
ING FOR THE ZONING THEREOF TO POC (PLANNED
OFFICE CENTER) DISTRICT; PROVIDING A GENERAL
REPEALER CLAUSE; PROVIDING A SAVING CLAUSE;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Gerald M. Holland and Muriel K. Holland, his
wife, are the fee simple owners of the property hereinafter
described; and,
WHEREAS, Thomas G. Purdo, as duly authorized agent for
Gerald M. Holland and Muriel K. Holland, his wife, has requested
by his petition to have the property 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 petition 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 land located in Palm Beach County,
Florida, which lies contiguous to said City to-wit:
A parcel of land lying on the Northeast
Quarter (NE 1/4) of the Northwest Quarter (NW
1/4) of the Northwest Quarter (NW 1/4) of
Section 25, Township 46 South, Range 42 East,
Palm Beach County, Florida.
The subject property is located on the south
side of Linton Boulevard, approximately 600
feet east of Linton Boulevard.
The above described parcel contains a 10.4
acre parcel of land, more or less.
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.
to
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 is
hereby declared to be in Zoning District POC (Planned Office
Center) 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-
bility 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.
Section 8. 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
. 2 .
Ord. No. 71.89
C I T Y
COM MIS S ION
DOCUMENTATION
FROM:
ROBERT A. BARCINS~, ASSISTANT CITY MANAGER
~- / /;7 b- ,-0
~~~SPENCE, DIRECTOR
DEVELOPMENT SERVICES GROUP
rJ~ ~U '
~ID J. KOVACS,~TOR
DEPARTMENT OF PLANNING AND ZONING
TO:
VIA:
SUBJECT: MEETING OF OCTOBER 24, 1989
HOLLAND ANNEXATION WITH P.O.C. ZONING
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval on first readinq on the enacting ordinance for a
private annexation petition for the Holland property. The
requested zoning is POCo If approved, second reading should
be scheduled for November 28th.
BACKGROUND:
This is a private petition for approximately ten acres of land
located on the south side of Linton Boulevard, east of the
BocaRay Plaza. While there is no issue with respect to
annexation and zoning, the staff report has identified concerns
pertaining to access and the provision of utilities. These items
will be further addressed when a development proposal is
forthcoming. Please see the Planning and Zoning Board's staff
report for details.
PLANNING AND ZONING BOARD CONSIDERATION:
At its meeting of October 16, 1989, the Board held a public
hearing on this item. The only public comment was from Mr.
Clemmer Mayhew, agent for Mr. Holland, who expressed his support
for the staff recommendation. The Board then, on a 5-0 vote,
recommended approval of the annexation with P.O.C. zoning.
RECOMMENDED ACTION:
By motion, approval of this enacting ordinance on first reading
and set a public hearing date of November 28, 1989.
Attachments:
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Ordinance by the City Clerk
Cover page from the P&Z Staff Report
P&Z Staff Report is available in the City Manager's
Office
REF/DJK#53/CCHOLLND.TXT
f-'LANN I NG 8-
CITY OF.OELRAY
ZUNING BOARD
BEACH
STAFF REPORT
MEETING onE: OCTOBER 16, 1989
AG~ ITEM: IV-B
,
I TEM: HOLLAND ANNEXATION AND REZONING
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GENERAL
DATA:
"","er. ..... .. ................. . Gerald M. Holland
Location....................... .Southe.st corner of Military
Trail and Linton Boulevard
Property Size.....o........... .10.4 Acre.
County Land Use Pl.n...........L-M (Low to Medium Density
Ruidentiall
&xieting City Land Us. Pl.n....Singl. F&Odly Resid.ntial
Proposed City Land U.. Pl.n....Mlxed u.. of Open Space and Public
Facilitie. (in part) and
Tranaltlonal (in part)
Existlnq County Zoninq.........AR (Aqrieultural Residential)
Propoeed City Zoninq...........POC (Planned Office Center)
Adj.cent Zoninq................North: City POC (Pl.nned Office
Center)
East: County AR (Agricultural
Residenti.l). .
South: City MOl (Medic.l Office
'fii8'tTtutional)
West: City GC (General
conmerclal)
Existing Land U................Slnqle family dwellin9, a couple
of mobile home sites, stables and
livestock qrazinq
Water Service .................Exl.tin9 10" line on the north
side of Linton Boulevard and the
east aide of Germantown Road, and
exiatin9 8" service linea within
Bee.Ray Plaza to the west
Sewer Service .................Existinq qravlty lines connectinq
to and within Soc.Ray Plaza from
a lift station at the south side
of the South County Mental Health
Center
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,,,,.)'[ W,::': F.: NO. 77-89
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~,N "RD1N}'lKE ::F THE:TTY CC1NMISSION OF THE CITY OF
DELRAY BE.>CH, "'IORIDA, AMENDING ORDINANCE NO. 56-89,
'-T''''''~_,:Z ~.: :~f ":-,.~'~:J J2AGE", CHAPTER 173, 'tZONING
"OD<':"" "';rEC,i'.I, ','SE RFQUlR&'1F..NTS" , SECTION l73. 0625,
"BED A.."1I; SREAKFAST lNNS", BY AMENDING SUBSECTION
(E) i TO FPcJ1/IDE THAT BED .~.ND BREAKFAST UINS MAY BE
ESTABI,ISHE:J il.: :"'}8:TIONAL TlSES IN DESIGNATED
HISTORIC B1JILDINGS, STRUCTURES, SITES, OR
CONDITIONAL USES WITHIN SPECIFIED ZONING DISTRICTS,
IN ADDITION TO THE OLD SCHOOL ~QUARE HISTORIC
DISTRICT, PROVIDING A SAVIN3 CLAUSE; PROVIDING A
GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE
DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Ordinance 56-89, Title XVII, "Land Usage",
Chapter 173, "Zoning Code", "Special Use Requirement.s", Section
173.0625, "Bed and Breakfast Inns", be and the same is hereby amended by
amending subsection 173.0625(E), to read as follows: /
/
Section 173.0625. Bed and Breakfast Inns
(E) Restricted to Specific Historic Districts, and
Designated Historic Buildings and Sites
A Bed and Breakfast Inn may be established only
wLthin an existing structure which is located within
Ule Old School Square Hist.oric District, or in a
design~ted historic site, building or structure
Nlthin specified zonlnq districts.
Section 2 That 1'11 ':>rdinances or parts of ordinances in
conflict herewith be and the same al'e hereby repealed.
Section 3 That thi,; ordinotllce shall become effective ten (10)
days after passage ~n second and final reading.
PASSED AND ADOPTED in cegular session on second and final
reading on this the day of . 1989.
11AYOR
ATTEST:
City Clerk
First Reading
Second Reading
1
[Iry OF DELAAY BEA[H
CITY ATTORNEY'S OFFICE
\'. 'J ,. '1\111\ ;"_
,.1SMORANDU"l
Dat~: November 7, 19R9
To: City Comnission
Malcolm Bird, Interim City Manager
From: Susan A. Ruby, Assi_stant City Attorney
SUbject: Amendment to Bed and Breakfast Ordinance
The at.tached Amendment expands the areas in which Bed and
Breakfast Inns may be established as a conditional use, to all
designated Historic sites and buildings in the RM-6, RMIO, RM,
RH, RO, GC and CBn zoning districts, not just in the Old School
Square Historic District.
If the Commission wishes to expand the areas in which Bed and
Breakfast Inns may be established, beyond the zoni.ng districts
named above and contained withi.n Ordinance 56-89, then
direction should be given in that regard, so that the matter
~~oc:essed through the Planning and Zoning Board.
filti'-
cc David Kovacs, Director of Planning and Zoning
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ORDINANCE NO. 79-89
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING TITLE XVI I,
"LAND USAGE", CHAPTER 173, "ZONING CODE", OF THE
CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, BY AMENDING "RM-10 MULTIPLE FAMILY
DWELLING DISTRICT", SECTION 173.183, "DENSITY
REGULATIONS; EXCEPTIONS FOR DUPLEXES", BY
REPEALING SUBSECTION (A) (3) IN ITS ENTIRETY, TO
ELIMINATE REFERENCE TO MAXIMUM FLOORS; AND BY
AMENDING "RM-15 MULTIPLE FAMILY DWELLING
DISTRICT", SECTION 173.223, "DENSITY
REGULATIONS; EXCEPTIONS FOR DUPLEXES", BY
REPEALING SUBSECTION (A) (3) IN ITS ENTIRETY, TO
ELIMINATE REFERENCE TO MAXIMUM FLOORS; 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", "RM-10 Multiple Family Dwelling District", Section
173.183, "Density Regulations; Exceptions For Duplexes", Subsec-
tion (A), of the Code of Ordinances of the City of Delray Beach,
Florida, be, and the same is hereby amended to read as follows:
Sec. 173.183 DENSITY REGULATIONS;
EXCEPTIONS FOR DUPLEXES.
(A) In the RM-IO District, the minimum lot or
parcel of land shall be as follows:
(1) First two units
8,000
sq.ft.
4,445
sq.ft.
t'Atee
fLtJtJt.
(2) Each.additional unit
~$l//~atL~/lltJtJt.
Section 2. That Title XVII, "Land Usage", Chapter 173,
"Zoning Code", "RM-15 Multiple Family Dwelling District", Section
173.223, "DenSity Regulations; Exceptions For Duplexes", Subsec-
tion (A), of the Code of Ordinances of the City of Delray Beach,
Florida, be, and the same is hereby amended to read as follows:
Sec. 173.223 DENSITY REGULATIONS;
EXCEPTIONS FOR DUPLEXES.
(A) The minimum lot or parcel of land in the
RM-15 District shall be as follows:
(1) First two units
8,000
sq. ft.
2,735
sq.ft.
tYttee/te/Jif
dentLal
fLtJtJt.l;,tt.Yt
A/'tJ~Ur/J;IJ./tJI
ItJ'AtlfLtJtJt.
tJtetAll
(2) Each additional unit
~$l//MatL~/lltJtJt.
Section 3. That all ordinances or parts of ordinances
in conflict herewith be, and the same are hereby repealed.
8
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
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- 2 -
Ord. :-10. 79-89
C I T Y
COM MIS S ION
DOCUMENTATION
TO: ROBERT A. BARCINSKI, ASSISTANT CITY MANAGER
VIA: FRANK R. SPENCE, DIRECTOR
DEVELOPMENT SERVICES GROUP
FROM: DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF OCTOBER 24, 1989
TEXT AMENDMENT - ZONING CODE, LIMITATION ON FLOORS
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval on first readinq on the enacting ordinance for a
text amendment to the zoning code.
BACKGROUND:
This item involves the correction of an apparent oversight
whereby certain provisions of the zoning code which should have
previously been deleted have not been. Please see the P&Z Board
staff report for further explanation.
There are two sections involved. They involve a limitation on
the number of floors which are allowed in a structure under
RM-15, and RM-IO zoning. Since the code has been changed to
eliminate this standard in the RL, RM, and RH districts and the
height regUlations have been changed to related to "feet" as
opposed to "stories" or "floors", it appears appropriate to make
the deletions.
PLANNING AND ZONING BOARD CONSIDERATION:
At its meeting of October 16, 1989, the Board considered this
item. After brief discussion, the Board, on a 5-1 vote with
Coopersmith dissenting, recommended approval of the proposed text
amendment.
RECOMMENDED ACTION:
By motion, approval of this enacting ordinance on first reading
and set a public hearing date of November 14th.
Attachments:
*
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Ordinance by the City Clerk
P&Z Staff Report
REF/DJK#53/CCFLOORS.TXT
l
ORDINANCE NO. 80-89
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING TITLE V,
"PUBLIC WORKS", CHAPTER 53, .INDUSTRIAL AND
COMMERCIAL WASTE", OF THE CODE OF ORDINANCES OF
THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING
SUBSECTION 53.999(A) TO INCREASE THE FINE FOR A
VIOLATION; BY ENACTING A NEW SUBSECTION
53.999(CI TO PROVIDE THAT A VIOLATOR MUST
RE-SAMPLE THEIR DISCHARGE FOLLOWING A VIOLATION;
BY ENACTING A NEW SECTION 53.092 REQUIRING USERS
TO GIVE NOTICE OF A CHANGE IN THE NATURE OF
THEIR DISCHARGE; BY ENACTING A NEW SUBSECTION
53.121 (D) (3) TO REQUIRE SAMPLING OF DISCHARGES
FOLLOWING THE ISSUANCE AND REISSUANCE OF PER-
MITS; PROVIDING A GENERAL REPEALER CLAUSE;
PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Title V, "Public Works., Chapter 53,
"Industrial and Commercial Waste", Subsection 53.999, .Penalty",
Subsection (A) of the Code of Ordinances of the City of Delray
Beach, Florida, be, and the same is hereby, amended to read as
follows:
(AI Any user who is found to have violated an Order of
the City or who willfully or negligently fails to comply
with any provision of this chapter for which another penalty
is not provided, and the orders, rules, and regulations
issued hereunder, shall be fined per day not less than ,ruu
$11000 'I1tJt ltJ.tJt~ It:I1.'I1 Inee for each offense. Each day on
wh ch a violation shall occur or continue shall be deemed a
separate and distinct offense. In addition to the penalties
provided herein, the City may recover all reasonable attor-
neys' fees, court costs, court reporters' fees, and other
expenses of litigation by appropriate motions or suit at law
against the user or person found to have violated this
chapter or the orders, rules, regulations, and permits
issued hereunder.
.' Section 2. That Title V, "Public Works", Chapter 53,
"Industrial and Commercial Waste", Section 53.999, "Penalty", of
the Code of Ordinances of the City of Delray Beach, Florida, be,
and the same is hereby, amended by enacting a new subsection (C)
to read as follows:
(C) Within thirty (30) days of any and all violations,
the user shall cause a sample of the discharge to be taken
and laboratory analysis performed on said sample at their
expense with the results to be provided to the Utilities
Director. The Utilities Director may require further
sampling at such times as he deems appropriate.
Section 3. That Title V, .Public Works., Chapter 53,
"Industrial and Commercial Waste., of the Code of Ordinances of
the City of Delray Beach, Florida, be, and the same is hereby,
amended by enacting a new Section 53.092, .Substantial Change in
Discharge", to read as follows:
9
Section 53.092 SUBSTANTIAL CkANGE IN DISCHARGE
In case of a substantial change in the volume or
character of their discharge, it is the responsibility of
the user to immediately telephone and notify the Utilities
Director of such change. The notification shall include the
location of the discharge, type of waste, concentration and
anticipated period of time in which the change in volume or
character of the discharge is to continue.
Section 4. That Title V, "Public Works", Chapter 53,
"Industrial and Commercial Waste", Section 53.121, "Application
for Permits", Subsection (D), of the Code of Ordinances of the
City of Delray Beach, Florida, be, and the same is hereby,
amended by enacting a new Sub-Subsection (3) to read as follows:
(3) Within thirty (30) days of the issuance or reissu-
ance of a permit, the user shall cause sampling of their
discharge and laboratory analysis of said discharge to be
forwarded to the Utilities Director. Upon re.ceipt of the
results of said laboratory analysis, the Utilities Director
may direct the user to further sample the discharge at such
times as the Utilities Director deems appropriate.
.
Section 5. That all ordinances or parts of ordinances
which are in conflict herewith are hereby repealed.
Section 6. That should any section or provision of
this ordinance or any portion thereof, any paragraph, sentence,
or word be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the validity or the
remainder hereof as a whole or part thereof other than the part
declared to be invalid.
Section 7. That this ordinance shall become effective
ten (10) days after its passage on second and final reading.
PASSED AND ADOPTED in regular session on
final reading on this the day of
second and
, 1989.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
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Ord. ~o. 80-89
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[ITY DF DELRAY BEA[H
CITY ATTORNEY'S OFFICE
310 S.E.I5I STREET. SLiITE 4 DEL RAY BEACH, fLORIDA 33483
407/243,7090 TELECOPIER 407/2784755
MEMORANDITM
Date: August 9, 1989
To: City Commi~sion
From: Herbert W. A. Thiele, Citv A ttornp.;,
8uhject: Revisions to (;pneral Prr>t;'p.ntment R"'p"llntions
Attached hereto f~r your review and future sr.hectulinR' hefnr... thE' Citv
Commission at fornial session, please find e rE'vised ordinance ccnC'E'rninF the
general pretrentment regulations of thE' City of DE'lray BE'lICh.
Specifically, this ordinance is the result of the recommendations h;' thf'
consultants to the South Central Regional Wastewater Treatment and Disposal
Board, Camp, Dresser and McKee, Inc. concerning the pretrE'atment
regulations as orderE'd by the Environmental Protection Ag'ency in October of
1988.
------
The review of Camp, Dresser and McKee indicates that although the vast
majority of our regulations are appropriate, the South Central Regional
Wastewater TrE'atment and Disposal floard must make certain changes to the
pretreatment program which is codified in the ordinances of both the City of
Boynton Reach nnd the City of Delray Beach.
A letter to the Acting Executive Director of the SCRWTD Board of May, 1989
is attached hereto, for your reference.
The City Attorney's Office has thus prepared the appropriate ordinance
amendment, in light of the difficulty in comparing these recommendations with
the recodification to our ordinances which not only changed the numbf'ring
system but also changed the formatting of all the ordinances.
As to E'ach of these changes, although Camp, Dresser and McKee had
suggested that the fine for violation be increased to at least $1,000 per day,
it is a policy consideration ns to whether ('I' not that should be 1\ cap of
$1,000 or that it should be $1.,00'0 at a minimum.
We have also created a new section concerniT1p'" the volume or character of the
users dischargE', but there is some conc"rn as to what the dE'fipitinn of
substAntial change in volume or charactC'r shculd bE'.
Memo to the City CommisRion
August 9, 1989
Pagp. 2
Also, with the re-sampling provisions, we havp. incorpoI'B.ted thp.fT1 into a new
subsection, and included them in the permittin~ secticm; however, it waR
unclear from our review of the materials from Camp, Drp.RRp.r and McKee as te>
how the sample should be taken; what ~hould b", testp.d for; that should th",
samples simply be provided to the City's Utility Departmp.nt, end additional
information concerning this testing procedure.
Nonetheless we 'have drafted what we believe to be the intent of these
requirements from the EPA and Camp, Dresser and McKee and same are
contained in the ordinance which is attached hereto. We would appreciatp. the
City Administration scheduling this matter at the next available City Commis-
sion meeting for adoption so that same is in place in accordance with the
requirements that it be adoptp.d by November of 1989.
If you have
office of the
cffiA
HT:jw
any questions,
SCRWtD Board
I
please contact the City Attornp.y's Office or the
attorney, Robert Fp.derspiel.
Attachment
cc: Malcolm T. Bird. Interim City Manap,'er
Robert W. Federspiel, Esq., J\ttorney for the SC.R\"TD Board
William~.eenwood, Director of Public Utilities
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"::'-.):.I"'L\~;CS NC. '31-89
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!IN ,)RD1N~,tlC'2 0=' '1'HE C1'l'Y r;OMMISSION OF THE CITY OF
DELRAY ,:.::::'.CH, FLORIDA, AMENDING TITLE III, "ADMINIS-
('RAT: ,)N" , ::HAP'T'ER r, "')ELR'-Y BEACH CODE ENFORCE-
MENT", ~r ~-"E ':CClE '):' ORDINMtCES OF THE CITY OF
DELRAY 3L\CH, FLORID."., i3Y AMENDING SECTION 37.02,
F..NFORCEMFNT 'JF :'ERTAIN CODES '-UTHORIZED TO PROVIDE
THAT THE CODE EN:'ORCEMENT BOMm SHALL HAVE CONCUR-
RENT J~rt~SDICTION ryffiR CASES INVOLVED IN VIOLATIONS
OF ANY A.'lD ALL NON-CRIMINAL CITY CODES BY AMENDING
SECTION 37.03, "DEFINITIONS", TO PROVIDE FOB. THE
DEFINITION OF REPEAT VIOLATION, BY REPEALING THE
DEFINITION OF "NOTIFICATION OR WRITTEN NOTIFICATION"
AND ENACTING A DEFINITION OF "NOTICE NOTIFICATION OR
WRITTEN NOTIFICATION" , BY AMENDING SUBSECTION
37.19(1)(3) TO CLARIFY TI~T EVIDENCE MAY BE SUBPOE-
NAED TO BOARD HEARINGS BY ENACTING A NEW SECTION
37.41{B) TO PROVIDE FOR RECORDATION OF CODE ENFORCE-
MENT BOARD ORDERS IN THE PUBLIC RECORDS OF PALM
BEACH COUNTY; BY REPEALING SECTION 37.42, "FINES FOR
NON-COMFLIANCE WITH BOARD ORDEF.S", BY ENACTING A NEW
SECTION 37.42, "FINES FOR NON-COMPLIANCE WITH BOMm
ORDERS", TO PROVIDE FINES FOR VIOLATORS ,AND REPEAT
VIOLATORS, ES'r'ABLISHMEI'IT OF LIENS, AND 'FORECLOSURE
OF LIENS; BY ;a.MENDING SECTION 37.43, "DURATION OF
LIENS", PROVIDING THAT CODE ENFORCEMENT BOARD LIENS
SHALL BE VIABLE FOR 20 YEARS AND PROVIDING FOR THE
RECOVF.RY OF COST AND ATI'ORNEY' S FEES UPON FORECLO-
SURE, BY ENACTING A NEW SECTION 37.45, "SUPPLEMENTAL
CODE ENFORCEMENT PROCEDURES" TO PROVIDE FOR SUPPLE-
MENTAL CODE ENFORCEMF~ TliROUGH THE CREATION OF
CIVIL INFRACTION CITATIONS WITH JURISDICTION FOR
ENFORCEMENT IN THE COUNTY COURTS, ESTABLISHING
PROCEDUl<ES AND PENALTIES THEREFOR; PROVIDING A
SAVING CLAUSE; PROVIDING A GENERAL REPEALER 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 Title III, "Administration", Chapter 37,
"Delray Beach Code Enforcement", of the Code Ordinances of the Ci ty of
Delray Beach, Florida, be and same is hereby amended by amending Section
37.02 of the Code of Ordinances of the City of Delray Beach, Florida to
read as follows:
The Code Enforcement Board shall, as described in 37.01 above,
have concurrent jurisdiction to hear and decide cases involv-
ing alleged violations which are not criminal in nature where
a pcndinq ar repeated vi"lation eeft~2:ft1:les -~e -e)tl:-s~, of the
fol~ew~a~ ~icY codes, as they now exist or they may be amended
by ordinance from time to t.ime, has been committed.
tA+--eha~~~~-~~-6a~ea~e-a~e-~~esh~
tB}--See-io~~-5~765-~hfeti~h-5~7~e-We~er7
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t21--eh~Pt~~.Q8-~ba~~e"ed-p~e~e~~Yr-a~~kyards~
+Bt--e~a~~e~-9~-Fi~e-P~eve"~ie"r-Firewerks~
tEl--eftdP~~r-~~-Hedi~n-afta-Safe~y~
tPT.'2~~~~~r-.98-N~isa~~e~~
tG+--sRa~~~r-~9~-S~~ee~s-a"a-Siaewaiks~
tHt--ehdPt~r-r=e-eeeapa~iena%-hieeftseS_6efte~aiiY~
t~t--efla~~~~-~T?-Aidrm-Sys~ems~
+at--~i~}e-KV-tefla~~ers-ise-~hre~~h-i6St-Bttiidift~_Re~ia~ieas~
+Kt--ehdp~er-i~~-Stihdivisieft-eede~
tht--ehdr~~r-x~8-3eftift~-eede~
tMt--ehap~er-~~~-haftdie~d-Pe~mi~a~
tN7--ehdp~er-%~4-Hiseerie-Prese~va~ieft~
Section Z That Title III, "~dministr~tion", Chapter 37,
"Delray Beach Code Enforcement", Section 37.03, "Definitions", of the
Code of Ordinances of the City of Delray Beach, Florida, be and the same
is hereby dmended '::>y enacting a new definiti.on, "Repeat Violation", to
read as follows:
"Repeat Violation" A violation of the provision of any code or
ordinance by a person whom the Code Enforcement Board has
previously found to have violated the same provision within
five'IS) years prior to the violation.
Section 3. That Title III,
"Delray Beach Code Enforcement", Section
Code of Ordinances of the City of Delray
the definition of "Notification or Written
"Administration", Chapter 37,
37.03, "Definitions", of the
Beach, Florida, by repealing
Notification.
Section 4. That Title III, "~dministration", Chapter 37,
"Delray Beach Code Enforcement", Section 37.03, of the Code of Ordi-
nances of the City of Delray Beach, Plorida be and the same is hereby
amended by enacting the definition of, "Notice ", "Notification" or
"Written Notification" to read as follows:
Notice "NGtification" or Written Notification
Notice shall be provi.ded the alleged violator by certified
mail, retU.l:n receipt requested; by hand delivery, by the
Sheriff rlr other Law Enforcement Officer, Code Inspector or
other person designated by the local, governing body; by
leaving n0tice in the violators usual place of residence with
ilny person resj ding therein who is above the age of fifteen
(151 year'; of age and informing such person of the contents of
a noti~',~ .'r a: the optian of the Code Enforcement Board by
public"t.i.:m pursuant ':0 Florida Statutes 162.12(2).
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ORD. NO. 81-39
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,~':(.:'~r :,.:):1. 7hdJ:~ Tit]!:, 2"11, "Administration",
"Delray B(~ach Code t:'.Jl::J1':r:eme,l~".' -:>: -:.hc Code of Ordinances
of Del ray Bea.:;h, F l: i. i;.a, l;e "nd the same is hereby amended
Section 3'). 36(E), ): "Tn~e:\~i():1 ^If Enforcement Procedures"
follows:
Chapter 37,
of the City
by amending
to read as
:\7.36 Int.o>ncion or Enforcement Procedures.
(B) Exc,'pt as provided in '~~",~3l:ea paraqraph (C) and (E), if
.'1 '1i ulat.ion of the o::odes described in Section 37.02 is
found, the Code Enforcement Officer shall notify the
v io] ii t.o!: and g1 ve him a reasonable time to correct the
viQl~tion. ShCluld t.he violation cont..inue beyond t.he time
spec.Uied for correction, the Code Enforcement Officer
shall notify the Code Enforcement Board and request a
hearing. The Board.. t.hrough its clerical staff, shall
sch'cdule a hearing, and written notice of such hearing
shall he hand-deLi.vered or mailed as provided by this
chapter to the violator. If the violation is corrected
and then re2uls, the case shall be presented to t.he Board
even i.f the viDlation has been corrected prior t.o t.he
Boa,'oj 'ieari.ll'J, cmd th<::' notice shall so state.
Section .". 'That Title III, "J',dministration", Chapter 37,
"Delray Beach Code Enforcement", Section 37.36, "Initiation of Enforce-
ment Procedures" of ~he ~ode Clf Ot'dinances <:If the City of Delray Beach,
be and the same is ilereby cll'i1ended by enacting a new subsection 37.36 (E)
t.o read as follows:
(E) If .'1 'Cepeat vi"lation is found, the Code Enforcement
Officer shali notify the violator but is not required to
give the viola t.:or 'i reasonable time to correct the
viola cion. The Code Enforcement Officer, upon notifying
the violator of a repeat violation, shall notify the Code
Enf<n::ement Board dad request a hearing. The Code
En'f'n:'e>ment B8ard, through its clerical staff shall
schedule d bedrin9 and shall provide written notification
10 ",." ii.)} "tOt.. '~he C3;~e may be presented to t.he Code
F.:1forcement Bccard even if a repeat vi.olation has been
cor l"E>c:tcd prior' 1:0 ~:he Board's hearing and t.he notice
shal_l 50 i_ndicate.
Section 7. Th'\',. Title III, "l>.dministration", Chapter 37,
"Delray Beach Code Enfor'cement", Section 37.39, "Conflict of Interest";
Hearing Procedures, of t~he Cod(~ of Ordinances of the City of Delray
Beach, Florida, be''lild the same is hereby amended by amending subsection
37.39(1)(3) to read aa follows:
(3) Subpoena evidence to its hearinqs.
Section 0 TD'lt Title TIT; "Administration", Chapter 37,
"Delray Beach Code i::nforcement", Section 3 7.41, "Decisions and Enforce-
ment Orders", of the Code of Ordinanc;s of the City of Delray Beach,
Florida be and the same is hereby amended by enacting a new subsection
37.41(F) to read as follows:
F. Cert i. fLed ':OPY of a Code Enforcement Board shall be
rec'Jrded in t.he P'iblic Records of the County and shall
con:;;titllte n0tice to any subsequent purchasers, succes-
sor s~nd interest:; or assigns if the violation concerned
1
:lRD. NO. 81..89
1..,,",1 ,.., :,p.?::-ty ~:,d the f lndings therein shall be binding
up(~n the ". '. ~.la ':or and if the violation concerns real
prop..,,""ty, any s~lbseq!ler.t purchasers, successors, and
.'c.-n-,,'c=sts ,:)r ~ssigns. If i1n order is recorded in the
Public pccords: '.Jf Palm Beach County pursuant to this
.'".~"..,:tL:>n d,1d t:,,~ urder is complied with by the date
~pec~Fied l: ~le order. ~he :~de Enforcement Board shall
; ';'>"1C 'l.1l nrder 'icknowledging compliance that shall be
lec")ljed iIl the .?ubl.ic Records. A hearing for the Code
Enf'Jr'";ement. Board is not required to issue a Board order
a:.:kncM1edging compli ance.
Section 9. 'rhat 1'itle III, "Administrationll, Chapt.er 37,
"Delray Beach Code Enforcement" of the Code of Ordinances of the City of
Delray Beach be and the same i.s hereby amended by repealing Section
37.42, "Fines for Non-Compliance with Orders".
Section lC1. That Title III, "Administration", Chapter 37,
"Delray Beach Code Enforcement" of the Code of Ordinances of the City of
Delray Beach be and the 3ame is hereby amended by enacting a new Section
37.42, "Fines for N:)n-Compliance ',;i.th Orders" to read as follows:
(A) The Code Frcfar::-=ment Board, upon not.ifil:ation by Code Enforce-
llIent Board Uffi.:er chat an order of the Board has not been complied
w.i th by the 'x,, r im~ Dr, '.lpon finding that ::..repeat violation has
been commiltc'l :,.,ay 'ni'",)l" the 'liolator to pay' a fine i.n an "mount
specified in LG.S section for 2d~h day the violation continues past
the date set by I'he r....lforcemer,t Board for compliance or in the case
of a repeat ','l.',>lation, E:.)t, (~ach date :! repeat violat.ion continues
past the date ')f {,ot..i.ce cO t.he '1i~'ldtor of ehe repeat ';iolation.
After the flnJ~ng of ~ ~i.Qlatlon or repeat violation has been made
as provi('.,,,d i.) :hi,s p.~T.t, ii heari.ng shall not be necessary for the
issuance for cde order impo3ing ehe fine. A fine imposed pursuant
to this section ahal1 not 0xceed $250 per day for the first viola-
tion and shall not ~xceed $500 per day for a repeat violation.
(B) A certific..l copy of an order imposing a fine may be recorded
in the publ.c;.: r'e(';ords and thereafter shall constitute a lien
against tt:e pu:per~.y 'lpon \~hich the 'Tiolation exists and upon any
other real c;.r person::..l pl'operty owned by the violator. Upon
petition to the, circ'.lit c:ourt, such order may be enforced in the
same manner,s a COllrt :;<.:..dgment by the sheriffs of this st.ate,
including levy against the personal property, but shall not be
deemed to be -:'1 ~t j \ldgmen';: except for enforcement purposes.
(C) A fine imposed pursuant to
until the vi.:):i,,:or comes into
rendered in a ~~it to foreclose
section, whi C',r"ler occurs first.
this part shall continue to accrue
compliance or until jUdgment is
on a lien filed lpursuant to this
(D) After three months ir:lm the filing of any lien which remains
unpaid, the Code F.nforcement Board '!lay authori~e the City Attorney
to foro;>close "pon ".he line. No lLm created pursuant to the
provisions Of:;li.s:;hapter may be foreclosed on real property which
is a "homeRt8~d" ',nder Article X, 5e.::tion 4 of the Stat.e constitu-
tion.
Section !,j That "'itle II:~, "Administl'at.h)n", Chapt.er 37,
"Delray Br,ach Code J.:l.rol-cement" .)f t-r12 Code of Ordinances of the City of
4
OliD. NO. 81-89
.
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Delr'ay fl~ach be -i,-.(\ th8
37.43, "Duration of Lien,"
~ame is hereby amended by
to read as follows:
amending
Section
No lien provhled by this chapter or under the authority of
F.S, Sec. l62.Cl1. et seg., shall cOlltinue for a longer period
'1-::.1r.. "l:~'" ".\:cnty '20~ Y,l'lrS afrer t.he certified copy of an
order iq-.,...5~n9 ;i fin€: ~a.s been recorded, unless within that
:. ~f'1'~ ,j;, ,.t ion t.o foreclose on the lien is commenced in a
court of r:Grr.petent jllrisdict.ion. In an action to foreclose on
a lien, the prevailinq part.y is entitled to recover all costs,
including reasonable attorney's fees that it incurs in fore-
closure. The :~onti nuation of t.he lien effected by the
conunencement of thi~ act.ion shall not be good against creditors
Oi' subsequent purchase:;:.:; Ln valuable consideration without
not. ice 11[\: 8$53. :-"l,')t ir:e lis pendens is recorded.
Section 1], That j'.itle III, "Administration", Chapter 37,
"Delray Beach Code t.nforcement", ::>r lhe Code of Ordinances of the City
nf Delr-ay Beach b0 ,,,',n ':".e ';dmt' is hereby amended by enacting a new
Sect.ion 'P. 4:;, "',;..j..fllemental Code EnIorcement procedures" to read as
follows:
37.~5 Supplemental Code Enforcement Procedures
,
(A) The pi o'li"i01l3 .:,1' chis section dre addi cional and supple-
mcnt~l mAans ~f unforcing the City'~ ordinances and may
be ,.}(;d ~"L :ne ':.nfQr.::ement of any non-criminal
urdiJldnCe, C.'i' f :)i' tr,e [}l1forcement of all non-criminal
nrdi~ances. Noching contained in this section shall
prohibit the City from p-nforcing its codes or ordinances
by ~,rlf other means.
IB) A .'.'de enforcement officer is authorized to issue a
cit~t:ion to a person when, based upon personal investiga-
tion, the officer has l'easonable cause to believe that
the .,.crson has commit.ted a civil infraction in violation
of '1 duly enacted code or ordinance and that the county
co~_rt will hear the charge~
(C) Prior to iSSUing a citati.on, a code enforcement officer
shall pl'C,v1.r1e notice to the person that the person has
commicted a violation of a code or ordinance and shall
est.ablish " n:>dsonable time period within. which the
peL;on must correct the violat.ion. Such time period
shall be no more than 30 days. If, upon personal
investigation, a code enforcement officer finds that the
person has not corrected the violation within the time
perlcd, a code enforcement officer may issue a citation
to t.he person who has c-:Jmmitted the violation. A code
enf~r~ement officer does not have to provide the person
wi th ~ reasonable time period to correct the violation
pr ior to \ ..",11ing a citation and may immediately issue a
citation if the code enforcement officer has reason to
believe that the violation presents a serious threat to
the i)'iblic rwalth, :;afety, or welfare, or if the viola-
tio~ is irreparable or irreversible.
(D) A citation issued by a c.Jde enforcement officer shall
o::on:ain:
c,
:JRD. NO. 8l-89
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The date and time of issuance.
The n~~e and address of the person to whom the
~jtation is issued.
The date ~nd time the ci.vil i.nfraction was
:;"":~:ni. ~-tr.d.
The fiE"" :0:1stit.uting reasonable cause.
The number DC secti.on of the code or ordinance
'lLo1.i1ted,
The name and au lhc'r .:.ly of the code enforcement
., ~ f ~ ;::::;: ,
The prix:edllrc for the person to follow in order to
pay any civil penalty or to contest the citation.
The applicable civil penalty if the person elects to
contest the citation.
The applicable ~ivil penalty if the person elects
not to nontest the citation.
A conspicuous statement that ifithe person fails to
pay the civil penalty within the time allowed, or
fails to appear in court to contest the citation, he
shall be deemed to have waived his right to contest
the citation and that, in such case, jUdgment may be
entered against the person for an amount up to the
maximum civil penalty.
(E) After issuing a citation to an alleged violator, a code
enforcement officer shall deposit the original citation
and Dne copy of the citation with the county court.
(F) A violation of an ordinance enforced in this manner shall
constitute a ci'lil infraction. The person receiving the
citation may ''''ithin 10 days from the date of the citation
elect ~o appeal the citation to county court or pay the
pena 1. ty .tmposed. Should the person fail to pay the
penalt.y ,n appeal the citation within the 10 days or
fails to appear in court to contest the citation, they i
shall be deemed to have waived their right to contest the
cit.ati.on and a jUdgment up to the maximum penalty may be
enter'ed against [hem.
(G) Ti1E~ ,;::he:dule 0f penalties shall be as follows:
1.. non for 'in in.:tial violation if the payment is
received within 10 days of the date of the citation.
2 .~250 for an initial violation which is not paid
Hi.thin 10 days :)f the date of the citation or is
Llns'.lc':essfu11y contested in county court by the
violator.
3, ~250 for a repeat violation which is paid within 10
Jays of the date of the citation.
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'')RD, NO. 81-89
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1. $500 f"r a repeat violation which is not paid within
. ^ :hys; ("',f ~l',e :late of the citation, or is
llLS,C:CF.:5Sf'111y::ontested in county court by the
.rj olat,()r.
(ll) Any l-'f'r,>orl who willfully refuses to sign and accept a
:-; 1 > ,,\-ion issued by', ::ode enforcement officer shall be
gUll. '1 :'J' ..1 mL,demeanor of the second degree, punishable
~3 ~roviderl in FlorLda Statutes Section 775.082 or
Section 77").083.
Section 12. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a Co....at 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 13. That all ordinances or parts of ordinances in
conflict herewith be and the same are hereby repealed.
Section l4. ~hat this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular
reading on this the day of
session pn second and final
/ . 1989.
MAYOR
ArrEST:
City Clerk
Fi.rst Reading
Second Reading
7
:lRD. NO. 81-89
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CITY ATTORNEY'S OFFICE
310 S,E, 1st STkEIZT, St:ITE 4 DEl.RAY BE,\CH. FI QRIDA 33483
407/243-7090. TFl F('OPIFR 407/278-47jj
MBMORANDUM
Date:
November 10, 1989
1A~
To:
City Commission
From:
J",ffrey Kurtz. Assistant City Attorney
Subject: Code Enforcement Moditlcations
Ordinance 81-89 amends our code enforcement procedures
changes to Chapter 182 made by the Florida Legislature.
summary of those revisions.
to comport with the
The following is a
1. Section 37.02 of our Code of Ordinances is amended to gnnt the Code
Enforcement Board jurisdiction over all of our non-criminal ordinanG"'s.
2. Sl'ction 37.03 of our Code of Ordinances is Ilmended to detlne R repeat
violation as one committed by a person wh(') has violated the same
provialon within five years prior to the violation. Section 37.03 Is also
further revised to expand on or conatitute good notice.
3. Section 37.36(E) is added to our Code of Ordinances and sets for the
mannp.r in which our code enforcement officers are to handle repeat
vloIRt1ona.
4. Section 37.39(1)(3) of our Code of Ordinances is amended to clarify that
the Code Enforcement Board may only subpoena evidence to Its hearings.
5. Section 37.41 (B) is enacted to allow Code Enforcement BOllrd Orders to
be recorded in public records once they are issued. This then gives
notice to potential purchasers of the existence of an Order and Is being
enacted to defend aglllnst the situation in which a Code Enforcement
Board Order is entered and the title of the property Is transferred prior
to the date required by the Board for compliance. What had been
occurring on occllsion is that violators would transfer the property to
"an innocent purchaser". In order to get compllance the entire the
process would have tQ begin anew. With this change in law. subsequent
purchasers will be aound by the Code Enforcement Board Order If it III
reoorded prior to the transfer.
6. Section 37.42 of our Code of Ordinances ie amended to clearly differenti-
ate between thfl handling of a first violation and 8 repeat violator.
~O'd rO:~1 68'01 AON SSLr 8L~ lOr
'ON l31
3JIJJO S,A3NdOll~ All:
,8
Memo to City Commission
November 10. 1989
Page 2
Fines for a first violation are set at a maximum of $250 whereas a repeat
violstor may be fined up to $500 per violation per day.
7. Section 37.43 of our Code of Ordinances is amended to give our Code
Enforcllment Board Uen 20 years of ute rather than !I years as they
currently have and further allows us to recover costs and attorneys fees
rolated to Il foreclosure of a Code Enforcement Board Uen.
8. A new Section 37.45 is created to permit our Code Enforcement Officers
to issue citations for code violations. Jurisdiction for appeals from those
citations would be within the County Court and the system that is set up
is very similar to that existing for parking tickets. Upon the issuance
of a citation for a first violation the tinea to be paid would be $100 If It
Is paid within 10 days. The violator does have an opportunity, as
anyone would with a parking ticket. to contest the violation by making
an appeal to the County Court. However, it they appeal and are
unsuccessful or simply do not pay the fine within 10 days, the t'1ne
would be $250 rather than the $100. Similarly with a repeat violation the
initial fine would be $250 unless It was appealed unsuccessfully or not
paid within the 10 days given, In which case it would become a $500
finA. Such tines would constitute judgments and could be enforced in
thE> manner of any other Judgment.
If you have any questions concerning these chanlfEls. please do not hesitate to
contact ollr office.
JK:jw
cc: Malcolm T. Bird, Interim City Manager
Lula Butler, Director of Community Improvement
Rich Bauer, Code Enforcement Administrator
Code Enforcement Board
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VO'd VO:ZT 68'OT AON SSlV 8l~ lOV
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1:
ORDINANCE NO. 82-89
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, ADOPTING A COMPREHEN-
SIVE PLAN PURSUANT TO THE PROVISIONS OF THE
"LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND
LAND DEVELOPMENT REGULATION ACT" , FLORIDA
STATUTES CHAPTER 163, PROVIDING A SAVING CLAUSE;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, it is and will be expedient for good govern-
ment and will promote the general welfare of the City of Delray
Beach to establish and adopt a comprehensive plan for the orderly
development of the City; and,
WHEREAS, the City of Delray Beach is required to adopt
a comprehensive plan to guide future development pursuant to the
provisions of Florida Statutes Sections 163.3161-163.3243 known
as the "Local Government Comprehensive Planning and Land
Development Regulation Act; and,
WHEREAS, the Planning and Zoning Board, as Local
Planning Agency, did prepare a Comprehensive Plan; and,
WHEREAS, the Planning and Zoning Board, as Local
Planning Agency, following due public notice, held public
hearings on said Comprehensive Plan on May 8, 1989 and May 15,
1989, in accordance with the requirements of the "Local
Government Comprehensive Planning and Land Development Regulation
Act"; and,
WHEREAS, after the above-referenced public hearings,
the Planning and Zoning Board, as Local Planning Agency, recom-
mended to the, City Commission that the proposed Comprehensive' /'
Plan be adopted; and,
WHEREAS, the proposed Comprehensive Plan was submitted
to and reviewed by the City Commission, and,
WHEREAS, following due public notice, the first of two
required public hearings on the Comprehensive Plan was held by
the City Commission on May 23, 1989, in accordance with the
requirements of the "Local Government Comprehensive Planning and
Land Development RegUlation Act", and,
WHEREAS, the Comprehensive Plan was forwarded to the
State Department of Community Affairs for review and comment on
May 21, 1989; and,
WHEREAS, a report of Objections, Recommendations, and
Comment has been received from the State Department of Community
Affairs and said report has been reviewed by the Planning and
Zoning Board, as Local Planning Agency, and is the basis for
modifications to the proposed Comprehensive Plan, and,
WHEREAS, following due public notice, the second of two
required public hearings on the Comprehensive Plan was held by
the City Commission on November 28, 1989, in accordance with the
requirements of the "Local Government Comprehensive Planning and
Land Development Regulation Act",
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, Florida, hereby declares its intent to exercise the
authority granted pursuant to the provisions of the Florida
Statutes Sections 163.3161-163.3243 known as the "Local
Government Comprehensive Planning and Land Development Regulation
Act."
II
Section 2. That in implementation of its declared
intent set forth in Section 1 of this ordinance, there is hereby
adopted and incorporated herein by reference the document enti-
tled "Comprehensive Plan - Delray Beach, Florida."
Section 3.
sions of all prior
Master Plan(s)" and
Delray Beach.
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.
That there is hereby repealed the provi-
comprehensive plans (a/k/a "Comprehensive
"Master Plants) "), adopted by the City of
Section 5. That this ordinance shall become effective
Upon the City I S receipt of Notice of Compliance from the State
Department of Community Affairs, pursuant to Florida Statutes
Section 163.3184.
PASSED AND ADOPTED in regular session on second and
final reading on this the day of , 1989.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
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Ord. No. 82-89
C I T Y
COM MIS S ION
DOC U MEN TAT ION
TO:
ROBERT A. BARCINSKI, ASSISTANT CITY MANAGER
~4'~- C'
FRANK R. SPENCE, DIRECTOR
DEVELOPMENT SERVICES GROUP
C0~ \~ ~VC4-
DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
VIA:
FROM:
SUBJECT: MEETING OF NOVEMBER 14, 1989
FIRST READING OF REZONING ORDINANCE RE ADOPTION OF THE
COMPREHENSIVE PLAN.
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that
approval on first reading of an ordinance which
adopts the Comprehensive Plan.
of
formally
BACKGROUND:
In late May the City Commission held the first of two required
public hearings on the Comprehensive Plan and forwarded it to the
State Department of Community Affairs for review and comment.
The State review was completed in September and its Objections,
Recommendations, and Comment (ORC) Report has been received. The
response to the ORC Report has been prepared by the Planning
Department. It will be formally reviewed by the Planning and
Zoning Board (Local Planning Agency) at a special meeting on
Fr iday morning, November 10th. The response to the ORC Report
sets forth the changes which are proposed to be made to the Plan
(Adoption) document. The Plan in its amended form will be
available just prior to a public hearing which is to be held on
November 28th.
After adoption of the Plan on November 28th, it will be again
forwarded to the State where they will have 45 days in which to
make a finding of compliance or not in compliance. If in
compliance, a notice is advertised and a 21 day appeal period
must run its course. This would give us a formal effective date
in mid-February.
If the State finds the Plan not in compliance (after the 45 day
review period) proceedings shall be initiated for an
Administrative Hearing pursuant to s. 120.57.
Although the response to the ORC Report is equal in volume to the
initially proposed Plan (the revised Plan will contain many more
policies and pages of explanatory material), there is little of
substance or policy matters. If anything, compliance with the
DCA review diminishes our ability to use the Comprehensive Plan
as an effective management and implementation tool. Along this
line, it is intended that once the Decade of Excellence Bond
Issue is decided, the Plan is deemed "in compliance", and it can
be reviewed in light of decisions as reflected in FY 89/90
Budget, a composite of the Citizen Task Teams will be constituted
for the purpose of considering a significant amendment in early
1990 for the purpose of making the Plan a more effective
management tool.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board will
ORC Report at a Special Meeting
Friday, November 10, 1989.
consider the response to the
scheduled for lO:30 a.m. on
City Commissiol Jocumentation
First Reading of Rezoning Ordinance Re
Adoption of the Comprehensive Plan
Page 2
RECOMMENDED ACTION:
By motion, approval
and set a public
reading.
of this enacting ordinance on first reading
hearing date of November 28th for second
Attachments:
Enacting Ordinance -89
Response to the ORC~eport (provided separately)
REF/DJK#53/CCPLAN.TXT
:.)~j)1N!'1;':E ~Ir:;. "7(, -89
AN OFDINANCE OF THE CITY <:OMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING TITLE III, "ADMINIS-
TRATION", CHAPTER 36, "FINANCE; CITY PROPERTY
TRANSACTIONS", ':IF THE CODE OF ORDINANCES OF THE CITY
OF DELRAY BEACH, FLORIDA, BY ENACTING A NEW SUBHEAD-
ING, "CHANGE ORDERS AND CONTRACT MODIFICATIONS", TO'
INCLUDE SECTIONS 36,10 THROUGH 36.14; PROVIDING FOR
THE PURPOSE OF SAID SECTIONS; PROVIDING DEFINITIONS;
PROVIDING FOR APPROVAL PROCEDURES FOR CHANGE ORDERS
TO PURCHASE ORDERS FOR NON-CONSTRUCTION CONTRACTS;
PROVIDING F.OR APPROVAL PROCEDURES FOR CHANGE ORDERS
TO CONSTRUCTION CONTRACTS; PROVIDING FOR INTERNAL
PROCEDURES AND FOR THE PROCESSING OF CHANGE ORDERS;
PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL
REPEALER CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. 'rhat. Title III, "Administration", Chapter 36,
"Finance; City Property Transactions", of the Code of Ordinances of the
City of Delray Beach, Florida, be and the same is hereby. ,amended by
enacting a new Subheading, "Change Ordars and Contract Modifications",
to include Sections 36.10 through 36.14 to read as ~~llO"'S:
CHANGE ORDERS AND CONTRACT MODIFICATIONS
Section 36.10 Purpose.
The purpose of this subchapter is to establish responsibili-
ties and to implem(mt procedures to be followed when change orders
are needed to purchase orders and/or modifications are needed to
contacts.
Section 36.11 Definition:
(a) Change Order . A written order or agreement signed and
issued by the City, directing the vendor or contrac.tor to make
changes to the purchase ')f supplies, equipment, services or con-
struction.
(b) Contract Modification - Any written alteration in speci-
fications, delivery point, rate of delivery, period of performance,
price, quantity, or other provisions of any contract accomplished
by m\ltual action of the parties to t:he contract.
Section 36.12 Chanqe Orders or Contract Modification;
Non-Construction
All changes ':0 non-construction purchase orders or contracts
shall be by issuance of a change order and/or contract modifi-
cation. Except ~s otherwise provided in this subchapter, the
Purchasing Director may issue, subject to approval of the City
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1'1.1I1dg,." .- ': ',~.., :-'~-:':;~.Jrj(~\:'. ,;hange orders and/or contra,
l!"')'.j,i.f~r:ati.:)'1~~ +:rl :::')rt.~ct Grror~, omissions, or discrepancil
j n cun CLL~ t. :!.)c'lJ11:>r, ts; ::;~'/er acceptable oVEl\I'runs and freig!
costs; inc.:or.pore':e H>]11irements to expand or reduce the scoJ
of goods :n' services ordered; or to direct other changes
'.;ont.x"a .; :~"", JT]I..~e'.: rJnfIJ!'eseen field, regulatory
l11:'lrket. ';o!'ldit:i0Ds, "".core: ::h~tnges I-/ill not exceed $10,000.
contract
approval
(il) ilherc
t.otal -:)'}er
':If the Ci t.y
,':!.'d;"lJ-:'.:j .J LJ.~
$ J I) , Q Q 0 . ~ 0 I ~. :~e
~omrnission.
';'ll<: J ease the purchase order (
:,,;! chasing Director shall have tI"
Se~tion 36.13 Chanqe Orders or Contract Modifications;
Construction Contracts
Approval::>f :onstL~ction c0ntract change orders or contrac
modifications shall be as follows:
(A) A :hange- order or
less shall be init.iated by
Engineer or outside Engineer
Designee's) approval.
contract modification of $10,000 0
a Department Head and the Cit
subject to City Manager (or hi
(1\ City Commission approval is required when th
cumula ti ve total of change or,ders and/or contrac
modifications exceeds $10,OOO/10r anyone contract.
(E) A change order and/or contract modification in an amount
over $10,000, or involving an extension of time, must
have City Commission approval.
Section 36,14 Internal Procedures and Processes
A ChQnge Order to a Purchase Order is handled in much the same
way as the issuance vf a Purchase Order. The department requestin~
the Change Order shall submit to the Purchasing Department a change
order re~est on a requisition indicating the reason for the
changes, ~.e., increase in quantity, addition of items, etc.
Change Order requests that list a price change with no explanatior.
for the increase or decrease will be returned to the originator.
Change Orders '.,ill not be issued when changes are of an
insignificant nature tless than $25) such that no written notifica-
tion i.s needed.
Section 2. 'chat should any portion, paragraph, sentence, or
word of this amennment be declared by a court of competent jurisdiction
to be invalid, such decision shall not effect the validity of the
remainder hereof as a whole :>r part thereof, other than the part
declared to be invalid.
Section 3, That all ordinances or parts of ordinances in
conflict herewith be thO! same and are hereby repealed.
Section 4. 7his ordinanc".! shall become effective ten (10)
days after passage upon second and final reading.
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ORD. NO.
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PASSED A.ND ilDOPTED in r<?gular
reading on this day of
session on second and final
,19_
MAY 0 R
ATTEST:
City Clerk
First Reading
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.,)f(:J. N',) .
[ITY DF DElRAY BEA[N
100 N.W. 1st AVENUE
DELRAY BEACH, FLORIDA 33444
407/243.7000
MEMORANDUM
TO:
Mayor and Commission
FROM: ~Robert A. Barcinski, Asst. City Manager/Management Services
SUBJECT: CHANGE ORDERS AND CONTRACT MODIFICATIONS ORDINANCE (76-89)
DATE: November 22, 1989
This ordinance incorporates previous administrative policies into a
standard for Change Orders and contract modifications
processing. The City Manager is designated as the approval authority
on all Change Orders or contract modifications under the amount of
$10,000. For Change Orders and contract modifications over $10,000 and
requests for extension of time, Commission approval will be required.
Additionally, change orders of an insignificant nature (less than $25)
will not be required to be in writing.
RAB:cl
THE EFFORT ALWAYS MATTERS
O?:'!NAN~E N'J. 78-89
AN ORDINANCE ')>' THE CITY COl1MISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING TITLE III, "ADMINIS-
TRATION", CHAPTER 34, "ELECTIONS", SUBHEADING,
"QUALH'ICATIONS FOR CANDIDACY", OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY
AMENTlING SECTION 3 ~ .16, "FILING OF NOMINATING
PETI'I'1(')~:" , ~~1D SECTION 34.17, "PROCEDURE AFTER
FILING", TO PRO'lmE FOR QUALIFICATIONS AND TIME
FRAMES FOR Qt1ALIFYING FOR SPECIAL ELECTIONS TO FILL
V~CANCIES CREATF.D PURSU1\NT TO FLORIDA STATUTES
SECTION 100.35~, "MUNICIPAL RECALL", PROVIDING A
SAVING C~AUSE; PROVIDING A GENERAL REPEALER CLAUSE;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Florida Statutes, Section 100.361 (2), Recall
Election provides that a Circuit Court JUdge shall fix a day for holding
a recall election for the removal of those Commission meml::lers not
resigning.
WHEREAS, Florida Statutes Section 100.361(4)(A) Fillinq of
Vacancies; Special Elections, requires that "if an election is held for
the recall of Commission members, elected at-large, candidates to
succeed them for the unexpired terms shall be voted upon at the same
election and shall be elected in the same manner as provided by the
appropriate law for the election of candidates at general elections".
WHEREAS, Florida Statutes does not provide qualifying time
limits for the filling of vacancies created by recall of member(s)
elected at-large.
WHEREAS,' the City Commission desires to provide for qualifica-
tions and time frames for filing for vacancies which may occur as a
result of a municipal recall.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Title III, "Administration", Chapter 34,
"Elections", subheading, "Qualifications for Candidacy", of the Code of
Ordinances of the City of Delray Beach, Florida be and the same is
hereby amended, by amending Section 34.16, "Filing of Nominating
Petition", to read as follows:
SECTION 34.16 FILING OF NOMINATING PETITION
To gualify as a car.didate for election, the candidate
must fi.le with the City Clerk, no earlier than noon on the
last Tuesday in January nor later than noon on the second
Tuesday in February of the calendar year in which the election
is to be held, or to qualify as a candidate in a special
recall election called for the purpOse of fillinq a
vacancv(ies) pursuant to Florida Statutes Section 100.361, the
candidate must file with the City Clerk. no earlier than 8:00
a.m. two days after the Circuit Court Judqe, pursuant to
Florida Statutes Section 100.361 (2), has set the date for the
sped al recall election and no later than 5: 00 p.m. on the
eighth day after the judqe has set the date for the special
recall election, the followinq:
lif
A. 11) A $tatement in writing under oath stating that the
nominee is;
1~1 Qualified as an elector in the city.
qua lif"!ing.
It.,) A -',.ndidate for the office for which he is
(2) Ih", names :>f all candidates and the office for which
they hi".'le filed shall be t'eceived by the Supervisor of Elections
fr.()m the Cit.y Clerk. b:! '): fJO p. '!l. on the first Friday aft,er the
close ,)f qualifying, or in the event of special recall election by
5:00 .m. on the da followin the close of alif in~ exce t that
if said day falls on a Saturday, Sunday or HOliday the Cit~ Clerk
shall transmit the names of all candidates and the office for which
they have filed on the next working day.
B. (1) A petition signed by the electors of the ci ty not
less in number than 1% of the registered voters of the city as
determined on ,January 1 of the year of the election and
payment of $25 to cover the cost of validating the signature
on the petition.
I 2 I ( a I The peti tion required by division (B) ( 1) of
this secti.on shal.l. be on a form prescribed by the City Clerk
which shall not be released nor distributed by the City Clerk
until December 1 at 8:00 a.m. ill the month of December preced-
ing the month of qualification, or in the case of a special
recall election at 8:00 a.m. on the day after the Circuit
Court Judge, pursuant to Florida Statutes Section 100.361(2),
has set' the date for the special recall election unless that
date falls on a weekend or holiday, in which case a petition
may be obtained on the next regular working day.
{bl Signatures may be obtained on the petition
between the t.1me the City Clerk is authorized to release and
distribute the petition and the deadline for qualifications.
The signatures +::) a nominating petition need not all be
affixed to aile paper, but to each separate paper of a petition
there shall be attached an affidavit executed by its circula-
tor st ating the number of signers of the paper, that each
signature on it WetS affixed in his presence, and that he
believes each signature to be the genuine signature of the
person whose name it purports to be. The signatures shall be
executed in ink or indelible pencil. Each signer shall
indicate next to his signature the date of his signing, the
place of his residence, and his precinct number.
(c) A statement in writing under oath stating that
the candidate for the office of the Mayor or for the office of
any Cit.y C()mmissi an seat was a resident of the city who has
become an elector of the city on or before September 1 preced-
ing the regular or special city election for which that
candidate is qualifying.
Section 2. That Title III,
"Elections", Subheading, "Qualifications
Ordinances of the City of Delray Beach,
"Administration", Chapter 34,
for Candidacy", of the Code of
Florida, be and same is hereby
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'JRD. NO. 78-89
,
amended by amending Secti.on 34.17.. "Procedure After Fi.ling", to read as
follows:
SECTION 11.17 PROCEDURE AFTER FILING.
Within five days or in the case of a special recall
elaction the folluwing day after the City Clerk receives
c,,",rtifL:;<:.ti'Jn f~orn the Supervisor of Elections, af'ee~ -'ehe
HHJ'lSj-,.E -a .ftelllj,nd'e:kft'll-J'e~H..ieft7 the City Clerk shall notify
ti,e .::andidate and the person who filed the petition whether or
not it. satisfi~;; the requiro:ments prescribed by this
subchapter. If a petition is found insufficient, the City
Clerk shall return it immediately to the person who filed it,
with a statement certifying wherein it is insufficient.
Within "he :o:egular time for. filing petitions a new petition
may b~ filed for the same candidate together with the payment
of another $25. The City Clerk shall keep on file all
petitions found sufficient at least 'lOtil the expiration of
the term for which the candidates are nominated in those
petitions.
Section 3. That should any sect.ion or provision of this
ordinance or any portiun 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 remai.nder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 4. That, all ordinances or parts of ordinances in
conflict herewith be and the same are hereby repealed.
Section 5. That this ordinance shall become effective immedi-
ately upon passage on second and final reading.
PASSED AND ADOPTED in regular session
reading on this the day of
on second and
. 1989.
final
l<]~YOR
ATTEST:
C 1. t.y Clerk
F.~rst Reading
Second Reading
"'\
ORD . NO. 78-89
[ITY DF DELRAY BEA[H
CITY ATTORNEY'S OFFICE
31U 5.1. Isl STRELT, SlTIT -I. DH.R.\) IlI-M'll, I.LORllM 334H.\
407/2..l.3-7W)() lFLH'()PllJ< .W7/27H-47S5
MEMOPANDUM
Date:
October 19,1989
To:
rity. C"ornmissi0p ~
!\;lelcolm T. Pire, Interim City ~"anaf"p.r (
From: Hprhert IV. A. Thielp, City Attorney
f,ubjp.ct: Prop0set" Ordin81"'.cf' for ('ua1.ification Period for Ppcall mpctions
As we stated to ~'ou in (lur prf'vious memoranda, thf' Florida f<tatutf's dealinp-
v'1th the sul;ject of munici!1f\l recall do not providp for any specifications as to
qunlifving' periods for cf\ndit"ptcs to fill vacancies that mi!"ht be created bv p
recaII eJectinn.
".'bile ~100.3r.l(~)(b) pr('vidp.s tllat such qualifyinp' periods wnuld bf' set hv
the Chief h,dfC in instmweR nf ejections from (1jstrictp., there is n(>
cnmparahlp nrnvision in noo. 361( 4)(a) for at-larffe type p.lecti(lnR like the
Citv o~ Df'lrav Per!ch would hI" required to have.
For this rf'aS(ln, Rnd s.ince the current recaJ.! effort has now been concluded,
w<' arp herp.by recommending that the City Commission consider adoptinr:, for
futurp. referf'nce, the attachf'cl ordinance which would spt forth qualif~'inp'
perioc1s and nther detail" in the instance of an election to fill unexpirec terms
causer' bv recall elections of City Commission members.
If YCll hp',,' any questions or would like to discuss this mattf'r further, plp.nse
c0ntact the City .A ttorney's Officf'.
~
HT:iw
A ttachm'>nt
ORDINANCE NO. 83-89
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO.
52-84 BY AMENDING SECTION 2 (a) TO ADD "VETERI-
NARY CLINIC", SUBJECT TO CERTAIN RESTRICTIONS,
AS 'AN ADDITIONAL CONDITIONAL USE WHICH IS
PERMITTED IN THIS SAD ZONING DISTRICT; PROVIDING
A SAVING CLAUSE; PROVIDING A GENERAL REPEALER
CLAUSE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission in Ordinance No. 52-84
zoned the property known as Linton Square, located at the north-
east corner of Linton Boulevard and Congress Avenue, to the SAD
(Special Activities) District and approved conditional uses and a
site and development plan subject to conditions; and, ~
j
WHEREAS, Section 2(a) of Ordinance No. 52-84 set forth
the list of conditional uses to be permitted within this SAD
(Special Activities) District; and,
WHEREAS, the City Commission, pursuant to City ordi-
nances, wishes to add an additional conditional use to be permit-
ted within this SAD (Special Activities) District,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF DEL RAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Ordinance No. 52-84, Section 2(a), is
hereby amended to read as follows:
(a) The only conditional uses to be permitted
hereunder are as follows:
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Antiques
Appliances, including service
Art galleries, supplies, and crafts
Auctions
Automotive parts
Bakeries
Barbershops
Bath shops
Beauty shops
Bicycle sales and service
Bookstores
Business machines, including service
Business offices
Butcher shops
Carpets and floor coverings
Caterers
Cheese shops
Cocktail lounges, bars, and package liquor
stores, subject to the restrictions set
forth in Chapter 113 of the Code
Communication and transmission facilities
Community center facilities
Confectioneries
Cosmetics
Delicatessens
Department stores
Draperies and slipcovers
Drugstores
Dry cleaning, limited to 1,500 sq.ft.,
customer pick-up only
Dry cleaning pick-up stations
Electrical fixtures and supplies
Electronic equipment, including service
Exercise facilities
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Financial institutions, including drive-in
facilities
Fish markets
Florists
Food stores
Fruit and vegetable markets
Garden supplies and plants
Gift shops
Glass and glazing shops
Hardware, including paint and wallpaper
Health foods
Hearing aids
Hobby shops
Home furnishings
Ice cream parlors
Import shops
Interior decorator shops
Jewelers
Laundry pick-up stations
Leather goods
Libraries
Luggage
Medical and dental clinics, subject to
requirements and restrictions set forth in
Code Section 30-1(17)
Medical and surgical equipment
Museums
Music shops
Nautical supplies
Newsstands
Office furniture, equipment and supplies
Optical equipment
Pet grooming
Pet shops
Photographic equipment and supplies
Photographic studios
Printing and publishing
Professional offices
Recreation establishments, including
bowling lanes, gymnasiums, health spas,
miniature golf courses, and skating rinks
Repair shops, small items
Restaurants and snack shops, excluding
drive-in, drive-thru and fast food
Sewing supplies
Sporting goods
Stationery
Tailoring
Theaters, excluding drive-in
Tobacconist
Toy shops
Variety stores
Veterinary clinic, for emergency animal
care only, hours of service from 6:00 P.M.
to 8:00 A.M., no on-site disposal of
carcasses, and ~roviding overni~ht accom-
modation of pat~ents is for med~cal treat-
ment only, but excluding boarding
facilities, and ~roviding that hazardous
wastes must be d~sposed of in a manner to
be approved by the Palm Beach County
Health Department
Wearing apparel and accessories for men,
women and children
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Ord. ~o. 83.89
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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.
Section 3. That all ordinances or parts of ordinances
in conflict herewith be, and the same are hereby repealed.
Section 4. That this ordinance shall become effective
ten (10) days after 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
- 3 .
Ord. No. 83,89
C I T Y
COMMISSION- DOCUMENTATION
TO:
ROBERT A. BARCINSKI, ASSISTANT CITY MANAGER
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FRANK R. SPENCE, DIRECTOR
VELOPMENT SERVICES GROUP
,
VIA:
FROM:
'Jk~
D VID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF NOVEMBER 28, 1989
AMENDMENT TO LINTON SQUARE S.A.D. TO ADDED VETERINARY
CLINIC AS AN ALLOWABLE USE
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval on first reading of an ordinance which will add the
use of "veterinary clinic" to the allowable uses in the
Linton Square S.A.D.
Linton Square is the shopping center located in northeast
corner of Congress Avenue and Linton Boulevard.
BACKGROUND:
The Linton Square S.A.D. was established by Ordinance 52-84. The
reason for being an S.A.D. was apparently to accommodate retail
development on property designated for Industrial use on the Land
Use Plan and to control usage. The use of "veterinary clinic"
was one of the uses originally excluded from the site.
Dr. Michael Posner has requested that he be allowed to establish
an after-hours, emergency veterinary service within the center.
Thus, it became necessary to process a formal amendment to this
S.A.D.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board held a public hearing on this item
on November 20th. During the course of the hearing, the extent
of the use was discussed and established. The Board then
forwarded the item with a unanimous recommendation of approval.
RECOMMENDED ACTION:
By motion, approval of the enacting ordinance on first reading
and set a pUblic hearing date for December 12, 1989.
Attachment:
cover sheet from the P&Z staff report
ordinance by others
a full staff report is available in the City Manager's
Office
REF/DJK#55/CCVET.TXT
\~
PLA{'JN I NG 8
CITY OF OELRAY
ZUI\J I NG BOARD
BEACH
MEETING rnTE:
AG~ ITEM:
zo
NOVEMBER ". 1989
III. A
STAFF REPORT
CONSIDERATION OF AN AMENDMENT TO THE LINTON SQUARE SAD TO ACCOMODATE A VETERINARY
ITEM: CLINIC AT THE NORTHEAST CORNER OF LINTON BLVD. AND CONGRESS AVE.
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Owner................... ........State of Wisconsin Investment
Board
Agent.",.",......,.,." .,'... . David L. Carpenter
Wallace Engineers & Planners
Location........................Northeast corner of Linton Blvd.
and Congress Ave.
Property Size...................9.4 Acres
EXisting Land Use Plan.... ......I (Industrial)
Proposed Land Use Plan..........General Commercial
(Comprehensive Plan)
EXisting Zoning............... ..SAD (Special Actlvities Districtl
Adjacent Zoning.......,.,. ,..,..North and south of the SUbject
property is zoned LI fLight
Industrial). West is zoned SAD,
RM-15 (Multiple-Family Dwelling
District) and R-lA (Single-famlly
Dwelling District). East of the
subject property is the Seaboard
Coastline Railroad and 1-95,
EXisting Land Use...... .........Vacant bay in the Lincon Square
Shopping center.
Proposed Land Use.. .... .........Veterinary cllnlc to occupy tne
vacant bay
Water Service.................. .Existing on-site
$ewer Service.................. .Existing on-site
--------
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ITEM: III. A
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MEMORANDUM
TO: Robert A. Barcinski
Assistant City Manager
FROM: Joe Weldon
Director of Parks & Recreation
,
SUBJECT: Roof Repairs - Pompey Park
DATE: November 14, 1989
BACKGROUND
On September 12, 1989 City Commission awarded Bid *89-79 for roof
repair at Pompey Park to the only bidder McNabb Roofing in the
amount of $18,400. Since Then McNabb Roofing has indicated that
not only is he unable to get a performance bond, but also cannot
comply with our insurance provisions. Normally I would recommend
that we go to the next bidder, but as indicated McNabb Roofing
was the only bidder with funds encumbered from last year.
Attached please find correspondence from McNabb to reduce his bid
price by $466.00 to reflect the cost of a performance bond and a
list of City proj ects he has done over the past years. Also
attached is a memo from the Risk Manager concerning the reduced
insurance requirements ($300,000 CSL instead of $500,000 and no
Products Completed Operations and Contractual Liability). The
bid specifications require a one (1) year guarantee on materials
and workmanship.
ACTION
City Commission is requested to re-award this item to McNabb
Roofing for the amount of $17,934.00 with the understanding that
no payment will be made until the roof is completed and accepted
by the City with the reduced insurance provisions.
RECOMMENDATION
Recommend Commission approves re-awarding bid to McNabb Roofing
per the above provisions.
Please review and advise.
w
Weldon
ctor of Parks and Recreation
JW: jmh
REF:JW332
Attachments
cc: Lee Graham, Director of Risk Management
Jeff Kurtz, Assistant City Attorney
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TO: Joe Weldon, Parks and Recreation Director
FROM: Lee R. Graham, Risk Management Director
DATE: November 7, 1989
SUBJECT: Pompey Park Roofing Project and McNabb Roofing, Inc.
I have completed the review of the captioned vendor's insurance policy and
certificate at your request.
The problem, as I understand it, is that McNabb Roofing, Inc. was the only
bidder on the roof repair project for the Pompey Park main building. McNabb
acknowledged that his company's insurance did not meet the specifications as
outlined in the bid. Additionally, his company does not have a performance/
payment surety bond capability.
The insurance specifications called for $500,000 combined single limit (CSL)
of liability for bodily ~nJury and property damage, while McNabb has
$300,000. (This applies to both general liability and automobile liability.)
Additional shortcomings in McNabb's insurance coverage are that the specifi-
cations call for Products/Completed Operations and Contractual Liability,
coverage which is excluded from McNabb's policy. (Completed Operations
coverage is that insurance which remains in force after the job is completed,
and the contractor abandons the project as finished. Contractual Liability
insurance allows insurance coverage to be extended to cover the hold harmless
and other agreements in the contract which would otherwise be excluded,
because a basic liability policy does not allow the assumption of liability.)
It is noteworthy that McNabb has done work in the past for the City, of the
type on which he recently bid. I understand that the roof on the community
center building was installed recently by McNabb Roofing, Inc. A reasonable
approach might be to ask our City Engineer to have the roof on the community
center inspected by his staff, and if it is still acceptable in quality,
consider altering the insurance requirements for the Pompey Park project.
As for the payment/performance surety bond, I have been told that McNabb will
agree to have payment delayed until the work is completed and accepted.
Although I much prefer a bond when available, this might be a viable alterna-
ti~ce the work needs to be done.
LRG/sm
Attachments
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ORIGINAL COPY
CG700' 0688 00
Reliance.
C~ERCIAL GENERAL LIABILITY
DECLARATIONS
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_nee In_ ComPRY
PhdadeipllIa, Pemsytvania
POUCYNUMBER.
QB8254589 00
RENEWAL POll CV
**EFFECTIVE O~/16/89
RENEWAL OF POLICY CI 05666106
POLICY PERIOD '. AGENCY NUMBER
FROM: 04/16/89 TO: 04/16/90 0225266
NAftED tN5URElhACNABBROOF INGINC.
.
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LIMITS OF INSURANCE
GENERAL AGGREGATE LIMIT
(OTHER THAN PRODUCTS-COMPLETED OPERATIONS)
s
300.000
PRODUCTS-COMPLETED OPERATIONS AGGREGATE LIMIT
FIRE/EXPLOSION/WATER DAMAGE LIMIT**
s
s
s
s
EXCLUDED
EXCLUDED
PERSONAL INJURY AND ADVERTISING INJURY LIMIT*
PER OCCURRENCE LIMIT*
300.000
EXCLUDED
MEDICAL EXPENSE LIMIT**
~NY ONE PERSON S
EXCLUDED
)
*SUBJECT TO THE APPLICABLE 'AGGREGATE LIMIT'
, **SUBJECT TO THE 'OCCURREN~ LIMIT'
-----------------------------------------------------------------------------
FORMS AND ENDORSEMENTS FORMING A PART OF THIS COVERAGE PART AT ISSUANCE
ONLY THOSE INDICATED BY AN (X) BELOW APPLY:
( X ) CGQP 00 01 02 87
( X) I L 00 2 1 11 85
( X ) CGQ I 70 03 11 85
COMMERCIAL GENERAL LIABILITY COVERAGE PART
NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT
(BROAD FORM)
COMMERCIAL GENERAL LIABILITY COVERAGE PART
FORMS LIST
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ORLANDO
Reliance.
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ReI_I_ Company
PhiIadeIpI1oa. Ponnsytvania
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POLICY NUMBER
QB 8254589 00
ORIGINAL COPY
CG7oo3 0788 00
CO~RCIAL GENERAL LIABILITY
PART FORMS LIST
"ERAGE
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RENEWAL POLICY
**EFFECTIVE O~/16/89
RENEWAL OF POLICY CI 05666~6
AGENCY. NUMBER
0225266
POUCY PERIOD
FROM: 04/16/89 TO: 04/16/90
NAKED INSURED: "CNABBROOFING INC.
· THIS ENDORSEMENT PROVIDES SUPPLEMENTARY INFORMATION TO 8E USED WITH THE
FOLLOWING:
COMf\ERCIAL GENERAL LIABILITY COVERAGE PART.
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THE FORMS INDICATED BY AN (X) BELOW FORM A PART OF THIS COVERAGE PART AT
ISSUANCE:
( )
( )
( )
( X )
( X )
( X )
( )
( )
( )
( )
( X )
CG
CG
CG
CG
CG
CGQP
CG
CG
CG
CGBI
CGBP
20 18 11 85
20 28 11 85
21 00 11 85
21 04 11 85
21 38 11 85
21 39 11 85
21 44 1185
22 44 11 85
22 45 11 85
24 07 11 85
83 06 02 86-
ADDITIONAL INSURED-MORTGAGEE. ASSIGNEE OR
RECEIVER
ADDITIONAL INSURED - LESSOR OF LEASED EQUIPMENT
EXCLUSION - ALL HAZARDS IN CONNECTION WITH
DESIGNATED PREMISES
EXCLUSION-PRODUCTS-COMPLETED OPERATIONS HAZARD
EXCLUSION-PERSONAL AND ADVERTISING INJURY
CONTRACTUAL LIABILITY LIMITATION
LIMITATION OF COVERAGE TO DESIGNATED PREMISES
OR PROJECT
EXCLUSION-HEALTH OR COSMETIC SERVICES
EXCLUSION-SPECIFIED HEALTH OR COSMETIC SERVICES
PRODUCTS/COMPLETED OPERATIONS HAZARD REDEFINED
CHANGES DEFINITIONS
-4-
IN ADDITION. THE FOLLOWI NG. IF ANY. FORM A PART OF THIS COVERAGE PART AT
ISSUANCE:
CG 03 00 11 85 DEDUCTIBLE LIABILITY INSURANCE
CG 21 35 01 87 EXCLUSION OF MEDICAL PAYMENTS
CG 21 37 11 85 EXCLUSION - EMPLOYEES AS INSUREDS
CG 02 20 11 86 FLORIDA CHANGES
CGBP 01 45 11 85 EXCLUSlON - FIRE. EXPLOSION OR WATER
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"EXCLUSION' - PRODUCTS~.:COMPLETED OPERATIONS
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This endar~,...nt modifies insural1(;e provided Under~he following:
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This inSUl'lfq does not apply to "bodily injury" or "pfQPllrtY damage" induded within the "products _ com.
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._, CONTRACTUAL LIABILITY LIMITATION
.
This endorsement modifies Insurance provided under the following:
CommercIal General Liability Coverage Part
Products/Completed Operations Liability Coverage Part
,
The definition of Insured contract of the DEFINITIONS section Is replaced by the following:
In.u~ Contract-any written:
1. Lease of premises;
2, Easement agreement, except in connection with construction or demolition operations on or adjacent
to a railroad;
3. Indemnification of a municipality as required by ordinance, except In connection with work for the
municipality;
4. Sidetrack agreement or any easement or license agreement in connection with vehicle or pedestrian
private rallroad crossings at grade; or
5. Elevator malntenanc'e agreement.
An insured contract does not Include that part of any contract or agreement that Indemnifies any person or
organization for damage by fire to premises rented or loaned to you.
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CGBP21 39111 851
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AUTCM08ILE
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(X) 5chedu1~G
(X) Hired
( X) ''1 C n - 0 u. n G Cl
( ).3zra;e lleO
EXCESS LIABILITY -----_____________________________________________________
( ) Umorell~ Form
( l :J.T. Lmorell?
---- wORKERS COMPENSATION -_____________________________________________________
.
, .... 'ERTlFICATE ,OF IflWRANCE.04/11/89"
Ttq.,fc.,.'tif.1.c~te is issu.c. ,5 . m.tter of inferlll.tion ,nly .nd conh,., no. "ights,
uIl4ntlface,.tif1c.te.bohler. This ce,.tific.t. .does not allle"d"ellte"d or~altar '.~
tnj co~.,..oe .ffcrdalif.1)y tha Ilolicies listed 'aioe. .. .... . _..' , ','
. ,~~~ :i:;::~;/S';. ." . ~~:::::: ,h111nce In.ur'"U~~~2.ny,
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0.1"'1/' ,. n 33444 '. .~;
"Th-15<(. to ce"~ify ~b.t policies of in.su..ane'a' l1sted below h.ve ~ean issued to
tht insur~d n~med .bove for the policy period indic~ted. Notwithst.nd~ng any
requirement, ter~ or condition of ~ny contr~ct or other document with respect
t~ ~hich th~s certificate mey be 1Ssueo or mey pert~in, the 1nSUr?nce ~fforcec
Cy the PC1~c1es Cescribed herein lS Subject to ~11 the terms, exclusions and
conditlons 01 such policies. L~~it5 shown mE~ h~v~ ~&en ~educ&o by p~id cl~ims.
-----------------------------------COVERAGES-----------_________________________
Co Type of Policy t Policy Pel4cy All L~m1ts
L'tr Insurance Effectlve Expir?tion in T"OUS?'nds
GENERAL LIABILITY ----_____________________________________________________
A (Xl Cemmercial GL AA 715 0./16/89 04/1e/cO Gn1 A';~a~ate ~30G
(,l ( )Clalms Mace P~d-CompOp A~; SO
(Xl Occurrence Pers e "c. :nj ;J
~.nQr5 & Contr ~~c~ Cccur 1300
Fire C~me~e ~C
0edic!1 Exp 5C
LIABILITY ------------------------------------------------------
AA 715 04/16/89 C4/16/;~ CSL 15GC
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.--- OTHER ---------____________________________________________________________
JESCRIPTION OF Operat10ns/LocEt1e"s/Vehicles/Restr1ct10ns/Sp"Cl~1 :t.",s
~-------------------------------------------------------------------------------
CANCELLATION: Should any of the above d.scri~.d poliCies be cancellec
~efore the expiration dEte thereof, tMe issuin, compEry ~ill enGelvor
~o m~il 45 days writt.n notice to the Cert~flC?te holoer named ~elo~
Out failure to mail SUCh notice SMall l"'POS. no ob1igat10n or
li?bi1ity ef any kind upon the company, its agents or representatives.
Nk~E and ADDRESS of CERTIFICATE HOLCER
City of eelrey 8.ech
Building eellt.
100 N.W. 1st. Avenue
Oe1ray Be.elf, FL 33444
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McNAb RoofiNG" INC.
Reroofing . Leaks . Maintenance . Inspections
N()vember 13, 1989
RE: Pompey Park Bid
In regard to the amount of credit for the payment and
performance bond, the amound is $466.00.
Rebert A. McNab
President
CC# U-9208
18 N.E, 13th Strest, Delray Beach, Florida 33444 . 278-3099
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McNAb RoofiNG, INC.
ReroQflng . Leaks . Maintenance . Inspections
Ncvember 13, 1989
RE: Ccmpleted projects for the City of Delray Beach
Reroof of Civic Center---$15,OOO.OO
Reroof on north water plant---$3,200.00
Major work beach fire station---$2,500.00
Reroof Lake Ida fire station---$7,OOO.OO
Reroof two dugouts Miller Park---no charge
Public Works ccmplex--numerous repairs
~ Park--Ieaks repaired and maintainance work
Miller Park--repairs
City Hall-numerous repairs
Anchor Park--repair shakes
Fire station -Linton--repairs
South Water plant--repairs
Country Club---numerous repairs
Robert A. McNab
President
18 N,E, 13th Street, Delray Beach, Florida 33444 . 278-3099
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CITY ATTORNEY'S OFFICE
TEL No.
407 278 4-0:5 'I
I'OV ~1 .89 17:07 P.i)~
tiT' DF DELHA'
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CITY mORNEY'S OFFICE
310 S.E, 101 STREET. SUITE 4 . DE.LRAY "EACII,l'LOIUDA 33483
407/Z43.7090,' TFLECOPIER 407/2784755
MEMORNIDUM
Date: Novellwer 21, 1989
To: City commission
From: Jeffrey S. KU1.tZ, Assistant city Attorne.y
subject: Waiver of Insurance Requirements in Reference to
Beautification, project T.nAscaping of North Water
Plant: aid No. 89-83
Lush Landscaping &. Design, who was the success.ful. bidder on
this project, has been unable to secure ilUlurance in an amount
sufficient to meet the limits set forth in our bid specifica-
tions. our bid specificatiolUl require coverage in the amount
of $500,000/$100,000 and they have coverage from State Farm in
the amount of $300,000/$100,000. DUe t,o the fact that this
construction is taki.nCJ place enti.rely on our property, thus
reducing our exposure as COlIIP4!:e4 to riCjJht-of-way projects, the
city's Risk Manager Lee Graham believes that the
$300,000/$100,000 should be sufficient coveraCJe and therefore
would recommend the waiver of bid specification to insure
timely completion of this project.
should you have any questions concern1nCjJ this matter, please do
not hesitate to contact the. Risk ManBCjJor or our office.
JSK:Cp
cc: Malcolm T. Bird, Interim city Manager
Lee R. Graham, Risk Management Director
Jackie Caufield, Bid Specialist
Nancy Davila, city Horticulturist
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C I T Y
COMMISSION
DOCUMENTATION
TO:
ROBERT A. BARLCISKI, ASSISTANT CITY MANAGER
~ 'A,
0~"'':'' ': '-~,.1Q.."---~
FRANK R. SPENCE, DIRECTOR
DEVELOPMENT SERVICES GROUP
()~~~\J~
DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
VIA:
FROM:
SUBJECT:
MEETING OF NOVEMBER 28, 1989
CONSIDERATION OF A CONDITIONAL USE REQUEST AND
ATTENDANT SITE PLAN MODIFICATION FOR DRUG ABUSE
FOUNDATION FACILITIES
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of a conditional use request to allow a full
service drug abuse prevention and treatment campus and an
attendant site and development plan proposal.
The (docation of the campus to the site of the First Baptist \.
Church complex located at the southwest corner of Swinton
Avenue and S.W. 4th Street.
BACKGROUND:
In November, 1988, the property upon which the First Baptist
Church is located was rezoned from R-IA to C.F. for the expressed
purpose of eventually housing a full service drug abuse
prevention and treatment campus and the administrative
headquarters of the South County Drug Abuse Foundation.
Due to an opportunity to provide a re~idential treatment program
on the site at this point in time, the Foundation is proceeding
wi th the conditional use aspects of the campus. Very
specifically, Phase I development involves new construction of a
"Drug Abuse Residential Treatment Facility" on the western
portion of the site which is now vacant.
Accompanying the conditional use request is a site and.
development plan for the western portion of the property.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board held a public hearing on the
conditional aspect of the request on November 20th. There being
no concerns with the use, the Board has forwarded that portion of
the request with a recommendation of approval, subject to
conditions.
The site and development program involves a two phased approach.
Phase I involves the new construction and improvements to that
portion of the westerly parking area which will be used by the
new facility. The balance of site redevelopment and/or
upgrading will be addressed when the Foundation occupies the
balance of the property (after the congregation relocations) i.e.
the second phase. After discussion of the degree to which site
improvements should be made, the Board forwarded the Phase I
proposal with a recommendation of approval subject to conditions.
\~
City commission DocWTIentatin
Consideration of a Conditional Use Request and
Attendant Site Plan Mod~fication for
Drug Abuse Foundation Facilities
Page 2
RECOMMENDED ACTION:
By motion, approval of the conditional use of a full service drug
abuse prevention,. treatment, and administrative complex and the
site plan for Phase I development based upon findings by and
subject to conditions as recommended by the Planning and Zoning
Board.
Attachments:
cover sheet from the P&Z staff report
reduced copy of the proposed site and development plan
a full staff report is available in the City Manager's
Office
REF/DJK#55/CCDRUGS.TXT
}-'~HNN 1 NG S Z
DEL RAY
OF
\JING BOARD
BEACH
DRAFT
CITY
MEET ING o=lTE: HommER 20, 1989
STAFF REPORT
,
AGENDA ITEM:
III. B.
CONDITIONAL USE FOR SOOl'H COlJHTY DRUG ABUSE FOUNDATION AND SITE PLAN FOR WFST
ITEM: PORTION OF SITE (FIRST BAPTIST CHURCH SITE. SWINTON AT S.E. 4TH !'lTREF.!'l,
GENERAL
DATA:
OWner...........................F1r.t BApt1.t Church of Delroy
leach
Contract Purch...r..............Cl.u41. Sweeney, pre.ident
DruV Abu.e ro~.t1on of P.lm
Beach County, Inc.
Loc.tion........................SOUtbwe.t eorner of s. Swinton
Avenue and S.W. 4th Street
Property 5ize...................6.75 Acre. 1294,030 5q.ft.)
Community Redevelopment Pl.n....1 (Public In.titutional)
Propo.ed Land U.e Pl.n..........Pub11c BUild1nv.
(Comprehensive Plan)
Existing Zoninq........,........CF (Community Facilities)
Adjacent
Zonlnq........!........Nortb. south and west of the
Subject property is zoned R-IA
(5invle-Family Dwelling
District). EAst 1. zoned RM-IO
(Multiple'Family Dwellinv
Oistr ict:) .
Existinq Land Use...............Church and attendant educational
facilitieS/Day Care Center
Proposed Land U.................Con.truction of. 7.293 sq.ft.
resid.ntial treatment faCility
with a capacity ot 40 beds/
patients on the westerly 2 acres
of the site. The ChUrch and
attendant educational tacilities
will continue operatinq at its
present location.
Water Service.................. .Existinq on-site
Sewer Service...................existinq on-site
ITEM:III.B.
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C I T Y
COMMISSION
DOCUMENTATION
TO:
ROBERT A~., B:RCIN..~ KI ~ ASSISTANT
~,~. r f A~--.--c '"
FRANK R. SPENCE, DIRECTOR
DEVELOPMENT SERVICES GROUP
Dw~~'K~~
CITY MANAGER
VIA:
FROM:
DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF NOVEMBER 28, 1989
CONSIDERATION OF THE SITE AND DEVELOPMENT PLAN FOR THE
PROPOSED LINTON RETAIL CENTER (TARGET)
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of a site and development plan for approximately 20
acres of land located south of Linton, west of S.W. 10th
Avenue. The retail center is to have approximately 203,000
sq. ft. of floor area including a free-standing McDonald's
restaurant and another outbuilding.
BACKGROUND:
In August, 1988, the City Commission approved a rezoning from CC
to GC for the area encompassed in this site and development Plan.
At the same time, the site plan for McDonalds was approved.
SUbsequently, other tenants have been secured for the property
and the full shopping center is now being planned. It is to be
developed at one time. In addition to the site and development
plan, a plat is being processed along with abandonment of
right-of-way along the south boundary of the property.
The extent of related improvements include:
* extension of Wallace Drive southerly through the
property;
* signalization at Wallace Drive and Linton;
* widening and other traffic controls at the south
intersection of S.W. 10th Avenue and Linton;
* additional water features at Lindell and S.W. 10th.
Please refer to the Planning and Zoning Board Staff Report for a
complete description of this complex project.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board acted upon the site and development
plan, the abandonment, and the preliminary plat at its meeting of
November 20th.
The Board was split in its recommendation on the site and
development plan. The vote was 3-3 (Purdo, Schmidt, Coopersmith
dissenting, Schneider abstaining and Parker, Klarer, and Bridges
for the motion). The recommendation as set forth and the
conditions of approval were agreeable to the applicant.
Those who opposed the motion generally felt that the development
proposal was inappropriate for the area and was not in keeping
with adjacent development design. Those who supported the motion
were sympathetic to the dissenting group but felt the die had
been cast for this type of development and the proposal
represented the best that could be achieved.
\'1
City Commission DL~umentation
Consideration of the Site and Development Plan
for the Proposed Linton Retail Center (Target)
Page 2
COMMUNITY APPEARANCE BOARD CONSIDERATIONS:
The C.A.B. has given conceptual/preliminary approval to the
landscaping plan/concepts and to the elevations for all aspects
of the center except the Target Store. The initial architectural
treatment was rejected. Revised elevations are to go before the
C.A.B. at its next meeting.
RECOMMENDED ACTION:
Commission discretion.
If approval is granted, it should be in the form of the motion as
prepared by the Planning and Zoning Board i.e. approval of the
site plan along with the granting of Administrative Relief to
accommodate 95 compact car spaces and a waiver of requirement for
perimeter landscaping along interior tract/lot boundaries in the
center and subject to the following conditions:
1. That a revised site and landscape plan be provided
accommodating the parking lot design and landscaping items
noted under the "Technical Review" section of the report.
2. Revise the site plan and the paving and drainage plan to
address the conditions noted traffic items of the "Technical
Review" section of the report.
3. That non-vehicular access be provided from the southeast and
southwest.
.
.
~
4.
That the revised site plan accompany the submittal of the
final plat and be reviewed by the Planning and Zoning Board.
Attachments:
cover sheet from the P&Z Staff Report
reduced copy of the proposed site and development plan
a full Staff Report is available in the City Manager's
Office
REF/DJK#55/CCTARGET.TXT
t-'L~I.N6 8 7fJN LNG BOARD
CITY OF OELRAY BEACH
STAFF REPORT
fEETlfIG onE:
RGeoI ITEM:
November 20. 1989
IV(A)
!Tel:
Consideration of A Site and Development Plan for Target togethe; with
a Plat for all of Parcel 1 Linton Center including the abandonment of
Additional Portion of Lindell.
OWner................... . Palms of Delray, Inc.
DATA:
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GENERAL
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Agent................... . ThOlll.ls T. MCNurrain, V.P.
Palms of Oelray. Inc.
LOCation.................SOuth side of Linton Boulevard. between
1-95 and S.W. 10th Avenue
Property 5ize.............20.55 Acres (Linton Retail Center _ Site
Plan)
2S Acres (Total Parcel Size. Plat)
Existing Land Use Plan...c 'Commercial)
Proposed Land Use Plan...Commercial Core
lComprehensive Plan)
City Zoninq..............GC (General Commercial _ Linton Retail
Center) and CC (CommUnity CO~rcial _
Linton Office Center)
Adjacent Zoninq..........NOrth of the subject property is zoned
l :SC fSpecialized Commercial). South and
east are Zoned SAD (Special Activities
District). West is 1-95.
Existing Land Use........Vacant land
Proposed Land use........20J.Ol7 sq.ft. Target shopping center
and a MCDonald's restaurant located on
an out parcel and an a,ooo sq.ft.
office building.
~ater Service.. '" '" ....Proposed via connections to the existing
10" water maln located along the south
slde of Linton Blvd. and S.W. 10th AVe.
Sewer Service............PrOvided via extension of eXisting au
gravity Sewer line along Lindell Blvd.
northwest to the lntersection of Llndell
Blvd. and Waterford Place, then
northward along the Water ford Place
right-of-way to the MCDonald's site and
northward from Lindell east of the
bUlldings.
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C I T Y
COM MIS S ION
DOCUMENTATION
TO:
~BERT A. BARCfNSKI, ASSISTANT CITY MANAGER
- , ','7"1 ~.. Q .
^ 1 kJ;;).. -_.. ~<..
VIA:
FRANK R. SPENCE, DIRECTOR
DEVELOPMENT SERVICES GROUP
Ou(X
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.:::, \'<.. &c" ()~
DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
FROM:
SUBJECT:
MEETING OF NOVEMBER 28, 1989
CONSIDERATION OF THE SITE AND DEVELOPMENT PLAN FOR THE
PROPOSED DELRAY SENIOR LIVING FACILITY AND
MODIFICATIONS TO THE ASSOCIATED WATER SERVICE AGREEMENT
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
Delray Senior Living, Inc., a congregate living facility
which is to be located on the south side of Atlantic Avenue,
adjacent to the canal.
BACKGROUND:
In September, 1989, the City Commission approved a water service
agreement for this project. A condition of the approval was that
formal site plan approval be pursued. Subsequently a proper
submission was made and processed through the Planning and Zoning
Board. Concurrently, the proj~ct is being processed through the
County as a rezoning and special exception. The County Planning
Board has recommended approval, subject to conditions, to the
County Commission.
This development proposal was evaluated as a "continuing care
facility" under the RH zoning district requirements of the City
Code. The proposal conflicts with these development regulations
in the following areas:
* unit count
* number of parking spaces
* number of loading zones.
Each of these items have been determined to not pose adverse
impacts with respect to the site or adjacent development and it
has been recommended that they be accommodated for this project.
Another aspect of the project, that dealing with height, has been
determined to not conflict with development regulations. Please
refer to the complete P&Z Staff Report for a full description of
the project.
Because the site plan does not conform in all respects to the
approved water service agreement, it is also necessary to modify
that document.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board acted upon the site and development
plan at its meeting of November 20th. A recommendation of
approval, SUbject to conditions, was forwarded on a 5-2 vote
(Coopersmith and Purdo dissenting due to objections to the
proposed use and the character of the development).
2j:)
City Commission Documentation
Consideration of the Site and Development Plan for the
Proposed Delray Senior Living facility and MOdifications
To the Associated Water Service Agreement
Page 2
COMMUNITY APPEARANCE BOARD CONSIDERATIONS:
The C.A.B. has given conceptual/preliminary approval to the
landscaping plan/concepts and approved the elevations.
RECOMMENDED ACTION:
By motion, approval of the site and development plan for the
Delray Senior Living, Inc. Facility based upon findings by and
subject to conditions as recommended by the Planning and Zoning
Board.
By separate motion, direct the City Attorney to revise the
heretofore approved water service agreement to accommodate
development pursuant to the site plan and further, that the Mayor
be authorized to execute the agreement upon its modification.
Attachments:
cover sheet from the P&Z staff report
reduced copy of the proposed site and development plan
a full Staff Report is available in the City Manager's
Office
REF/DJK#55/CCSENIOR.TXT
PLANNING 8 Z
CITY OF OELRAY
\J 1 NG BOARD
BEACH
STAFF REPORT
MEETING DATE: NOVEMBER 20, 1989
AGeQ:I ITEM:
IV.B.
ITEM: DELRAY SENIOR LIVING, INC. (CLF) , ATLANTIC AVENUE AT E-3 CANAL (SIMMS ROAD).
,
GENERAL
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DATA:
Owners..........................paula A., Eric D., Michael C.
and James c. Peterson, and James
T. and Barbara O. Smith
Contract Purcha.er..............Delr.y Beach Senior Living Center
Aqent...........................J.n Polson
F. Martin Perry, Associates, PA
Loc.tion........................Southe..t corner of W. Atlantic
Avenue and E-J Canal,
approxtm.tely 2,500 ft. west of
Military Trail.
Property Size...................18.82 Acres
Proposed Land Use Plan..........Tr.ns1tion.l
(Comprehensive Plan)
Existing Zoninq.................county AR (Agricultural
Residential District)
Adjacent Zonlnq.................North of the subject property is
zoned County AM (Multiple-Family
Residential). South i. zoned RS
(Single-Family Residential).
East and West are zoned County
AR,
Existing Land Use.. '" ... .......Aqriculture
Proposed Land Use... ...... ......Phase I - Construct a 345.430
sq.ft. congregate living facility
containing 463 beds.
Phase II - Construct 37,200
sq.ft. congregate liVing facility
Water Service........ ... ....... . Requires extending the existing
8" water main located on
the south side of W. Atlantic.,
Avenue approximately 650 ft. east
of the subject property.
Sewer Service. ..... ........... ..Requires extension of the gravity
seWer main located on the south
side of w. Atlantic Avenue.
approximately 650 ft. east of the
subject property.
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C I T Y
COMMISSION
DOCUMENTATION
TO:
~ ROBERT A. BARC,NSKI, ASSISTANT
'~( 11 ~43~~c,L
FRANK R. SPENCE, DIRECTOR
VELOPMENT SERVICES GROUP
CITY MANAGER
VIA:
FROM:
~~~
D ID J. OVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF NOVEMBER 28, 1989
CONSIDERATION OF THE SITE AND DEVELOPMENT PLAN FOR THE
PROPOSED "RENAISSANCE ON THE OCEAN" RESIDENTIAL
DEVELOPMENT.
ACTION REOUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of a site and development plan for the proposed
Renaissance On the Ocean residential development, a 16 unit
complex on A-I-A, south of Linton Boulevard.
BACKGROUND:
This is a straight~ward
proposal conforms with
sought.
site and development plan item.
codes no variances or waivers
The
are
Please refer to the P&Z Staff Report for details of the proposal
and its analysis.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board acted upon the site and development
plan at its meeting of November 20th. A recommendation of
approval, subj ect to conditions, was forwarded on an unanimous
vote.
COMMUNITY APPEARANCE BOARD CONSIDERATIONS:
The C.A.B. has approved the preliminary landscape plan and
elevations,
RECOMMENDED ACTION:
By motion,
"Renaissance
findings by
Planning and
approval of the site and development plan for the
On the Ocean" residential proposal based upon
and subject to conditions as recommended by the
Zoning Board.
Attachments:
cover sheet from the P&Z staff report
reduced copy of the proposed site and development plan
a full staff report is available in the City Manager's
Office
REF/DJK#55/CCREN.TXT
2.1
rLRNNING 8. Zl
CITY OF (ELRAY
\J I NG BORRO
BEACH
STAFF REPORT
MEETlN3 ~It:: NommER 20, 1989
AG~ 119f:
IV.C.
RENAISSANCE ON mE OCEAN, 16 UNITS ON A-l-A SOUTH OF LINTON
I TEM: mE
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LINTON
GENERAL DATA:
Owner...........................Renaissance Associates
Agent...........................Mark D. Rothenberg
Location.. . . . . .. .. . . .. .. . .. .. . .. East side of State Road A-I-A
(Ocean Boulevard), just south of
Linton Boulevard.
Property Size...................l.1 Acres (47,916 Sq.ft.)
EXisting Land Use Plan..........MF_15 (Multiple-Family _
15 unJ,ts/acre)
PropoSed Land Use Plan......... .Medium Density _ 5-12 dwelling
(Comprehensive Plan) units/acre
City zoning.....................RM_15 (Multiple-Family Dwelling
District)
Adjacent Zoning.................North, south and West of the
subject property is zoned RM-lS.
East is the Atlantic Ocean.
EXisting Land Use...............Vacant land
Proposed Land Use...............construct a 16 unit condominium
development
Water Service................. ..Existing 6" Water main located
along the east side of State Road
A-I-A.
Sewer Service.................. .Existing 12" sewer main located
along the west side of State Road
A-I-A.
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C I T Y
COM MIS S ION
DOCUMENTATION
TO:
ROBERT A. BARCINSKI, ASSISTANT CITY MANAGER
'----L :":'7L~ c--L
FRANK R.SPENCE, DIRECTOR
DEVELOPMENT SERVICES GROUP
O~~~ \~~~~~
DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
VIA:
FROM:
SUBJECT: MEETING OF NOVEMBER 28, 1989
CONSIDERATION OF A SITE AND DEVELOPMENT PLAN
MODIFICATION (BOCARAY PLAZA) TO ACCOMMODATE A PIZZA HUT
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of a site and development plan modification which
will accommodate a Pizza Hut restaurant on an outparcel in
the BocaRay Plaza (southeast corner of Linton and Military
Trail) .
BACKGROUND:
This is a straightfowarded site and development plan
modification. The initially approved site plan for BocaRay Plaza
accommodated a bank, a restaurant, and a gasoline station. The
station was constructed as initially designed. In 1988, a site
plan modification was approved for the NCNB facility which
occupied the outparcel which was originally designated for a
restaurant.
Now the outparcel which was originally designated for a bank is
in for modification to accommodate a restaurant. Thus, there is
not an overall change with respect to the initial allocation of
uses on these outparcels.
Please refer to the P&Z Staff Report for details of the proposal
and its analysis.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board acted upon the site and development
plan at its meeting of November 20th. A recommendation of
approval, subject to conditions, was forwarded on a 6-0 vote
(Purdo dissenting). Previously a variance was obtained from the
Board of Adjustment relative to loading areas.
COMMUNITY APPEARANCE BOARD CONSIDERATIONS:
The C.A.B. has approved the landscape plan and elevations.
RECOMMENDED ACTION:
By motion, approval of the site and development plan modification
for the BocaRay Plaza to accommodate a Pizza Hut restaurant based
upon findings by and subject to conditions as recommended by the
Planning and Zoning Board.
Attachments:
cover sheet from the P&Z staff report
reduced copy of the proposed site and development plan
a full Staff Report is available in the City Manager's 2~
Office l--
REF/DJK#55/CCPIZZA.TXT
/ PlANN I NG 8 ZONIN6 BOARD
&fEET! NO DATE: NOVEMBER 20. 1989 AGENDA HEll: IV. H.
I TEll: SITE PLAN MODIFICATION FOR BOCARAY PLAZA RE PIZZA HUT ~ES.:.AU~T (CONT~~~D..2TEM)
--- STAFF REPORT
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GENERAL DATA:
OWner...........................James L. Billmeyer, Pres. _ CEO
First American Bank and Trust
Optionee. . . . . . . . . . . . . . . . . . . . . . . . Stanley D. Ross
Pizza Hut of Titusville, Inc.
Location........................Southeast corner of Linton
Boulevard and Military Trail,
within Boca Ray Plaza.
Property Size...................33,977 sq.ft. (0.78 Acres)
EXisting Land Use Plan..........C (Commercial)
Proposed Land Use Plan..........General Commercial
(Comprehensive Plan)
Existing Zoning.................GC (General Commercial)
Adjacent Zoning..;..............North of the subject property is
Zoned LC (Limited Commercial).
South is Zoned MOI (Medical
Office and Institutional). East
is Zoned POC (Planned Office
Center) and west is Zoned County
CG/SE (General Commercial with
Special Exception).
EXisting Land Use...............vacant land
Proposed Land Use...............3,222 sq.ft. Pizza Hut restaurant
Water service...................EXisting within Boca Ray Plaza
Sewer Service...................EXisting within Boca Ray Plaza
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M E M 0 RAN DUM
To: City Commissioners
Via: Malcolm Bird, City Manager
From:
Lula Butler, Community Improvement Director
Nancy Davila, Horticulturist/Special Projects Coordinator c;f.Q
Re:
NORTH FEDERAL HIGHWAY CURBING/LANDSCAPING
Date:
November 14, 1989
BACKGROUND
At the October 3, 1989 Commission meeting I presented information regarding
our attempts to get permits for curbing on Federal Highway from the D.O.T.
The D.O.T. denied the City's request for a permit to recurb the medians on
North and South Federal Highway indicating that plans would have to be
resubmitted that complied with current D.O.T. standards. Compliance with
these standards would require the reconstruction of all concrete separators
in addition to the replacement of the mountable curbs with nonmountable
curbs.
REPORT
Since the Commission meeting Gates Castle and I have met with D.O.T.
representatives in the field, determined their requirements and evaluated
the economic impact on the project. The original budget for curbing was
$80,000.00. The revised estimate now approaches $160,000.00 with a breakdown
as follows:
Removal of 6,775 l.f. existing Type E curbing $8.75/l.f.
Installation of 6,090 l.f. Type F curb $12.75/l.f.
Install 690 l.f. Type IV concrete separators $33.00/l.f.
$ 59,281. 25
77 ,647 .50
22,770.00
$159,698.75
With a doubling of cost for curbing, I would strongly recommend that the
landscape plan be revised to utilize plant materials that would be
acceptable to D.O.T. with the existing mountable curbing. This should permit
us to install Paurotis Palms similar to the medians on Federal Highway in
Boynton Beach and other non-impacting trees which would not have a trunk
diameter greater than 4 inches at maturity.
With the Commission's consensus I would like approval to sumbit a new
landscape and irrigation plan for the North Federal Highway area. Although
the plans would have to be rebid, the redesign would hopefully expedite the
project as we would not have to tear up the street reconstructing curbing.
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As Kette1hut is busy working on other roadway designs to meet his January
2, 1990 deadline, I would prefer to redesign the plans myself. Aside from
the time, Kettelhut would expect extra design fees to redesign the project.
Boynton Pump can redesign the irrigation system.
I can start working on the plans as soon as 1) you advise as to wh~ther or
not you want to proceed with the curbing, and 2) you give your approval to
have the plans done 'in house'.
If the Commission does elect to proceed with the curbing, a funding source
for the additional $80,000 will need to be identified.
c: Gates Castle
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MEMORANDUM
TO: MALCOLM BIRD, INTERIM CITY MANAGER
FROM: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT
SUBJECT: WAIVER REQUEST TO SPECIFIC LANDSCAPE CODE
REQUIREMENTS - 13 N.W. 10TH AVENUE
DATE: NOVEMBER 17, 1989
-----------------------------------------------------------------
Mr. and Mrs. Leroy Hayes have a residential grandfathered use at
the above address and would like to expand and upgrade the
property to include a residence and business use as allowed under
the GC Zoning District. The land is of such a configuration that
it would require waivers of the landscaping requirements to
accommodate the expansion. The property owners have already
received the appropriate variance by the Board of Adjustment on
this property.
Staff recommends Commission consideration to waive the following
Landscape Code requirements:
1. Section 159.30 requires a 5 ft. strip between the street and
the parking area; applicant needs 3 ft. on the north side
and 1.5 ft. on the south side.
2. Section l73.474(E) requires a 10 ft. landscape setback;
applicant requests 8 ft.
3. Section l73.772(D)(4) landscape islands must contain a
minimum of 75 sq. ft. and have a minimum width of 5 ft.
wide; applicant is requesting 3 ft.
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MEMORANDUM
TO: MALCOLM BIRD, INTERIM CITY MANAGER
.
FROM: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT
RE: ROD & GUN CLUB RESTAURANT NOSTALGIC SIGN DESIGNATION
REQUEST/STAFF RECOMMENDATION -
DATE: NOVEMBER 17, 1989
BACKGROUND:
We received a request from the Rod & Gun Club Restaurant business
and property owners for Commission consideration of their
business sign to be designated as "Nostalgic" thus allowing for a
waiver to our existing sign code. The Nostalgic Sign Committee
met on November 14th to consider this request.
The committee reviewed the request based on the same criteria
established in February, 1989 and approved by the City Commission
in March. The committee consensus is that all signs which were
nonconforming due to setback violations should be brought into
conformity. The Rod & Gun sign could be relocated to comply with
the 30-foot setback requirement. The business owner has stated
that the 30-foot setback requirement would cause the sign to be
placed in the middle of the parking lot and if the sign was made
smaller, it would render it ineffective. The committee consensus
is that there are options for the sign location that would allow
the sign to come into conformity with existing sign codes.
Additionally, the committee felt that although the owner had
maintained the sign size, shape and general Rod & Gun Logo,
approvals had been received through the Community Appearance
Board for several changes to the sign face over the past few
years. These changes together with the change in use of the
business contributed to the committee's decision.
RECOMMENDATION:
The Nostalgic Committee and staff are recommending denial of the
Rod & Gun Club's request for a Nostalgic designation of it's free
standing sign.
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Joyce A. Oesormeau
Sign & Occ. Lic. Administrator
City of Oelray Beach
IDD NW lst ~venue
Oelray Beach, Fl. 33444
Dear Ms. Desormeau:
In pursuit of your request I am writing to you to request that for
nostalgic reasons, that the old Rods & Gun Club sign, that my late
husband designed and built back the early 60s, be allowed to remain
in its present location. Rods & Gun Club has been a landmark on
west Atlantic Avenue for many years and it would be a shame to
remove one of our historical landmarks.
Please bring this matter to the City commission meeting for special
exception to the sign code. I note in the past the wisdom of the
commission has granted several of these nostalgic requests.
sincerely,
c9(,~ . 'h ~
Patricia M. Jones
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November 21, 1989
Mayor and City Commission
100 N.W. 1st Avenue
Delray Beach, Florida 33444
Dear Mayor and Commissioners:
Happy to advise that the City Manager Selection Task
Force met today and composed the attached advertisement
which is being presented to you as OUr recommendation,
We request that this ad be placed in the International
City Manager'S Association Newsletter in the first available
issue in December and again in the first issue in January.
Two week lead time is necessary for these insertions.
We have set a January 31, 1990 deadline for applica-
tions and the Task Force would meet during February to re-
view those received. Secretarial assistance would be needed
to duplicate applications so that each member can be pro-
vided a copy.
Cordially,
-4/' ~. .~~/
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Chairman
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CITY MANAGER SELECTION TASK FORCE
SUGGESTED ADVERTISEMENT FOR
INTERNATIONAL CITY MANAGERS ASSOCIATION NEWSLETTER
CITY MANAGER, City of Delray Beach, Florida (population 50,000).
Salary range $70,000 to $80,000 plus benefits. 650 employees and
budget of $59 million. Report to five member City Commission
elected at large for two year period, staggered terms. Mayor
elected directly. CEO position for diverse and dynamic city.
Requires bachelor's degree in Public or Business Administration or
related field. Requires at least seven years of increasingly
responsible experience as City Manager, Assistant City Manager,
equivalent government experience. Additional experience in
finance, historic development, economic development and growth
management. Open participative style, good communications and
leadership skills. lIigh integrit~ and ethics. Send resume by
January 31, 1990 to:
Ken Ellingsworth
Chairman, City Manager
Selection Committee
100 N.W; 1st Avenue
Delray Beach, Florida 33444
Applications will be open under the Public Records Law.
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Novembet' 17, 1989
Herb Thiele, City Attorney
Ci ty Hall
Delray Beach, Florida 33444
Deat' Her'b:
I would like to have the agenda item relating to Louis Williams
placed back on the agenda for the Commlssion's November' 28
meeting. My discussion of the item with the Mayor has
satisfactorily answered the questions he had about one item on
the bill. That item, "Telephone conference with Pam Barr'y" has
been deleted reducing the bill to $1,166.30.
I bel ieve you and Louis have had some additional conver'stion
beyond yours and mine and that there is general agreement among
all parties. The Mayor suggested this would be an appropriate
consent agenda item when we spoke on Friday the 29th of Octobet'.
Sincer'ely,
wJ:~)_2
110 E. Atlantic Avenue
Delray Beach, Fla. 334
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SCHULER, WILKERSON & HALVORSON, P. A.
SUITE 4-D BARRISTERS BUILDING
1615 FORUM PLACE
WEST PALM BEACH, FLORIDA 33401-2382
(407) 689-8180
Date: 11/07/89
Reference No. 2113
Walter Barry
2020 NW 3rd Avenue
Delray Beach, Florida
33444
----------------------------------------------------------------------
For Professional Services Concerning:
File Number:
759-
2 Title: Barry RE: Delray Beach
Balance Due from Previous Bill:
FEES
COST
1,092.50
13.80
-----------
1,106.30
Hours
Fees
10/18/89
Receipt and review of
Letter from
Herb Thiele, Esq. with copy of
response filed in Irene Montalban
EEOC matter.
.10
10/18/89
Receipt and review of
copy of memo from Herb Thiele to
city Commission re: settlement
demand of Montalban.
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Page 2
Reference No. 2113
10/18/89
Receipt and review of
copy of memo from Herb Thiele to
City Commission re: legal fees
forMr, Barry.
.10
10/26/89
Telephone conference with
Herb Thiele, City Attorney - left
message.
.10
-----------
.40
80.00
Totals for Matter No. 2
Total Matter Fees:
Matter PreVious Balance:
Payment Received On ACcount:
80.00
1,106.30
.00
-----------
Amount Due:
1,186.30
BALANCE DUE UPON RECEIPT
PLEASE INCLUDE REFERENCE NUMBER ON CHECK TO FACILITATE POSTING PAYMENT
FED. I. D. #59-1952743
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[ITY DF DELAAY BEA[H
CITY ATTORNEY'S OFFICE
ST...Ur....i I-ii DLLRA'r HL"'-CH.I-LORIDA 3.~...>i_~
'~:":~.";f"_ll' r[lr-(,Of)lrR..n-'~:-R-+"~5
'1Ei'lOFAWJiJM
Da t~.:,;~:
Uctobcr 11, 1939
1'0:
C:.ty Cr:munissi0!1
f'rom:
:J2r0ert". ~v._'-\. 'l'l":.l.i'21E':, C'i1:Y p.ctorney
~;uhjccr: l<eceipt of: Bi llings fcc.r 1,"9,,1 Pees for Former City
Mnnaqer Walter Barrv
~he City Attorney's
1Jcofcssional services
Barry,
Office .~ in receipt of a bill for
submi tted DY former City Manager Walter
While the City ordinances and City Charter certainly provide
for the retention and payment of attorney's fees, inClUding
outside counsel fees, necessary for the defense of current or
former ~mployees, we have some reservations regarding the
payment --or this bill at t,his time since no allegations or
charges have been levied against Mr, Barry individually con-
cerning the Irene Montalban matter or any other matter at the
present time.
This matter is being presented to you for guidance as to
whether or not you believe that these fees should be paid at
the present time or held until such time as a formal action be
instituted alleging some conduct within the scope of employment
by the former employee.
"gj"
HT:sh
cc: Malcolm T. Bird, Interim City Manager
David M. Huddleston, Director of Finance
Lee R. Graham, Risk Management Director
LOliis Wi.lliams, Esq"
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PUBLIC OFFICERS; GENERAL PROVISIONS
F,S, 1987
F.S
la) The plaintiff reQuests dismissal of his suit: or
(b) $uch law enforcement oHicer IS found to be not
liable or not gUIlty.
History.-$ 1.cl1 76-191
111.07 0.'- of civil .ction. .inat public offi.
_.. 8IIlIIloY_ or 8g8lltS.-Any agency of the state,
or any county, municipality, or political subdivision of the
state, IS authorized to provide an attorney to defend any
CIvil action ansmg from a complaint for damages or Injury
suffered as a result of any act or omiSSion of action of
any of its officers, employees, or agents for an act or
omiSSion ansmg out of and In the scope of hiS employ-
ment or function, unless. In tr.e case of a tort action, the
officer. employee, or agent acted In bad faith, with mali-
CIOUS purpose, or in a manner exhibiting wanton and will-
ful disregard of human rights, safety, or property, De-
fense of such Civil actIon includes, but IS not limited to,
any Civil rights laWSUit seeking relief personally against
the officer, employee, or agent for an act or omiSSion un-
der cotor of state law, custom, or usage, wherem It is al-
leged that such officer, employee, or agent has deprived
another person of his rights secured under the Federal
Constitution or laws. Legal representation of an officer,
employee, or agent of a state agency may be provided
by the Department of Legal Affairs. However, any attor-
ney's fees paid from public funds for any officer, employ-
ee. or agent who IS found to be personally liable by virtue
of acting outside the scope of hiS employment, or was
acting In bad faith, with malicious purpose, or in a man.
ner exhibiting wanton and willful disregard of human
rights, safety, or property, may be recovered by the
state, county, municipality, or political subdivision in a
Civil action agajflst such officer, employee, or agent. If
any agency of the' state or any county, municipality, or
political subdivision of the state is authorized pursuant
to thiS section to provide an attorney to defend a civil ac-
tIon arising from a complaint for damages or injury suf-
fered as a result of any act or omission of action of any
of Its officers, employees, or agents and fails to provide
~uch attorney, _suCh agency, county, municipality. or po-
litical SUbdiVIsIon shaH reimburse any such defendant
who prevails In the action for court costs and reasonable
attorney's fees.
I ~.1a:: 1. en 72-36: 5 1. ch 79-139: 5 2. en_ 80-211 5,55, ch 61-259; 5
111,071 P.yment of judgments or settlements
against certain public officers or employees.-
(1) Any county, muniCipality, political subdivIsion. or
agency of the state which has been excluded from par-
ticipation in the Insurance Risk Management Trust Fund
IS authorized to expend aVlIIlable funds to pay
la) Any final judgment, Including damages, costs
and attorney's fees, arising from a complaint for dam-
ages or injury suffered as a result of any act or omISSion
of action of any officer, employee, or agent In a CIvil or
ciVIl rights lawsuit described in s, 111.07 If the cIvIl ac.
tlon arises under s, 768.28 as a tort claIm. the limitations
and proVIsIons of s. 768.28 governing payment snail ap
ply, If the action is a civil rights action arismg under 42
US.C. s. 1983, or Similar federal statutes, payments for
the full amount of the judgment may be made unless the
officer, employee, or agent has been determined In the
final judgment to have caused the harm intentionally
(b) Any compromise or settlement of any claim or 1IlI'
gation as described in paragraph (a), subject to the I,m"
talions set forth In that paragraph.
(c) Any reimbursement reqUired under s_ 111 07 for
court costs and reasonable attorney's fees when the
county, municipality, political subdivision, or agency of
the state has failed to prOVide an attorney and the de.
fendant prevails.
(2) For purposes of thiS seclion, a "flOa1Iudgment'
means a Judgment upon completion of any appellate
proceedings.
(3) "Agency of the state" or 'state agency,' as used
in this section. Includes an executive department, a con.
stltutional officer, the Legislature, and the Judicial
branch.
(4) This section is not intended to be a waiver of so'o'.
ereign immunity or a waiver af any other defense or im-
munity to such lawsuits.
Hlstory.-$ 2, cn_ 79-139: 55, 2. 3. ch 60-211
112 r
112 '~
112C
_ 111.072 Provision of insul'llnce in .nliclp.lion of
ludgm.nts or aetllemtlnls 8gllinst officei'll, .mployees,
or .gents of .ny county, municiP8lity, or polllic.ll sub-
divislon.-Any county, municipality, or political subdivi-
sion is authorized to be self-insured, to enter into risk
management programs, or ta purchase liability insur.
ance for whatever coverage it may choose or to have
any combination thereof in anticipation of any judgment
or settlement which its officers, employees, or agents
may be liable to pay pursuant to a Civil or Civil rights law-
suit described in s. 111.07.
HtItofy.-$ 3.cn 79-139
112 C
1120
112 G,
1120"
1120'
1120,
1 t2 0,
112 Gi
1 i20r
112 Of
112Gf
562
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DELRAY BEACH
(h) The commission shall designate
the depository or depositories for clty
fundlJ shall provide for the regular
deposit of all city moneys, and shall
provide for the proper security of all
city d.poslts.
(1) An independent audit shall be
made of all accounts of the city
government at least annually, and more
frequently if deemed necessary by the
commission. Such audit shall be made by
certified public accountants experienced
in municipal accounting, and who shall
have no personal linterest, direct or
indirect, in the fiscal affairs of the
City government, or of any of its
officers. The condensed audit Shall be
publl.hed within thirty (30) day. after
receipt of the same. An annual report of
the City business shall be made available
to the public by the city manager in such
form as will disclose pertinent facts
concerning the activities and finances of
the city government.
(Ord. 4-76, passed 2-23-76, App. at Ref.,
2-2-761
Section 4.06. SUPERVISION OF DEPARTMENTS.
With the approval of the commission,
the manager may serve as the head of one
or more departments, offices or agencies
or may appoint one person as the ~ead of
two (2) or more of them.
(Ord. 4-76, passed 2-23-76, Apr? at Ret.,
2-2-76)
Section 4.07. LEGAL COUNSEL.
There shall be a city attorney and
such assistant city attorneys and special
counsel as the commission shall deem
necessary. They shall be responsible to
the commission for all legal matters of
the city placed in their charge by or
under this charter and such other duties
as may be required by the commission.
(Ord. 4-76, passed 2-23-76, App. at Ref.,
2-2-761
Section 4.08. LEGAL COUNSEL APPOINTMENT,
REMOIlAL AND COMPENSATION.
(a) A~pointment. The commission
shall appoint a city attorney, such
assistant city attorneys and special
counsel as may be deemed necessary. The
city attorney and assistant city
attorneys, if any, shall be appointed by
commission for an indefinite term by
majority vote of the commission, the city
attorney to serve at the pleasure of
commission. Special counsel may be
appointed as the need arises and shall
serve at the pleasure of commission.
(b) Removal. The city attor~ey and
special counsel, at all times, shall hold
office at the pleasure of a majority of
CHARTER
S.ction 5.01
the commission. Assistant City attorneys
may be removed with or without cause by
the city attorney.
(c) Compensation. The commission
may, trom time to time, tix the regular
compensation of the c(ty attorney, and
assistant city attorneys, if any, at a
sum commensurate with the duties which
may be imposed on them by this charter
and by the commission, provided, that all
special or unusual services required of
the city attorney and assistant city
attorneys, if any, may be specially
compensated as the commission may see fit
to provide.
lard. 4-76, passed 2-23-76, App. at R.f.,
2-2-76; Am. Ord. 9-83, p....d 1-25-83,
App. at Ref., 3-1-83)
Section 4.09. D~TIES or LEGAL CDUNSEL.
The city attorney with the assistance
of the City clerk shall prepare all
ordinances, all contracts and other
instruments in writing in which the
municipality is concerned, or shall
endorse on each, his approval as to
form. No contract with the municipality
.hall b. binding upon the municipality
until the city attorney has endorsed his
approval thereon, and this provision
shall be strictly construed by all courts
of this state. When requi~ed by the
commission, the city attorney shall
prosecute and defend, for and in behalf
of the city, all complaints, suits and
controversies in which trhe ctty is a
party.
The city attorney shall furnish the
commission, City manager and department
heads his opinIon on any question of law
relating to tl;f'eir respective powers and
duties; and he shall perform such other
professional duties as may be required of
him by ordinance, resolution o~ motion of
the commission, by this cha~ter or by
special acts.
ASsistant city attorneys shall
perform those duties assigned them by the
city attorney. Special counsel shall
perform those duties assigned them by
commission.
lOrd, 4-76, pa.s.d 2-23-76, App. at Ref..
2-2-76)
ARTICLE V. ELECTIONS
Section 5.01. ELECTORS.
Any person who 1s a r~sident of the
muniCipality, who has qualified as an
elector of this state, and who registers
in the procedural manner prescribed by
gene~al law and ordinance of the
municipality, .hall b. a qualified
elector: of the municipal! ty.
lOrd. 4-76, pas.ed 2-23-76, App, at R.f,.
2-2-76)
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S 31. 05
DELRA Y BEACH
5 31.05 CITY ATTORNEY; QOALIF1CATIONS.
The City Attorney shall be a legal
resident, or have his principal office i'1
the city, at the time of his appointment
and during his tenure of office.
('80 Code, S 2-4)
Cr 098- ref ee ence:
Legal counsel Eor city, see Charter
SectIons 4.07 through 4.09
LEGAL DEFENSE AND INDEMNIFICATION
OF OFFICIALS AND EMPLOYEES
S 31.15 DEFINITION.
For the purpose of this subchapter
the following definition shall apply
unless the context clearly indicates or
requires a different meaning.
'CITY OFFICIALS AND EMPLOYEES." The
Mayor, Comm1ss1oners, all apPolnted
officers of the city (including the
members of the City Housing Authority,
all board members, commission members, or
committee members of the city) and s11
administrative personnel and employees of
the city.
('80 Code, S 2-6(a))
"31.18 RIa_ ar REPRESENTATION.
The City Attorney's office, insurance
defense counsel, if applicable, or other
counsel appointed by the City Commission
shall undertake the representation or
defense, without charge, of city
officials and employees with respect to
any claim or cause of action drising out
of or related to the performance by the
city officials or employees, as defined
by S 31.15, of their public duties.
('80 Code, 52-6(b))
Statutory reference:
Defense of civil actions 3gainst
public officers or employees,
see F.S. 5 111.07
S 31.17 INDEMNIFICATION.
City officials or employees who are
personally liable for the payment of any
claims arising out of a civil action,
settlement, or jUdgment, or the expenses,
costs, and awards of attorney's fees
arising therefrom shall be entitled to
indemnification fran the city (except to
the extent the city's insurance coverage
provides payment) where the claim
resulted fran activities:
fA) Which were done in good faith:
(B) In which the city has an
interest;
(C) Whicfl were withLn the course of
employment or in th~ COu::-se of
CITY OFFICIALS AND EMPLOYEES
6
performance of public duties of the
persons so acting; and
(0) Were not willful, wanton, or
malicious.
('80 Code, 52-6(c))
Statutory reference:
Payment of judgments or settlements,
see F.S, S 111.071
Authority of city to obtain indemnity
insurance, see F.S. S 111.072
'31.11 _nvutClit,. RIClImt,
The undertaking of legal defense by
the city under 5 31.16 of this subchapter
shall automatically be under a
reservation of rights regarding the
eligibility of the SUbject claim for the
benefits provided by this subchapter.
('80 Code,S 2-6(d))
S 31.19 NO WAIVER OF DEFENSE,
Nothing in this subchapter shall be
construed to waive any defen.e in any
action which would be available, in the
absence of this SUbChapter, to the city
or individual city officials or
employees, incLUding, but not limited to
those defenses which could be asserted
under F.S. S 768.28, or any successor
statute thereto.
('80 Code, 52-6(e))
Statutory reference:
Payment of claims arising as tort
action under F.S. S 768.28, see
F.S. 5 111.071
Payment of claims arising under Civil
Rights Act, see F.S. S 111.071
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[ITY DF DELRAY BEA[H
CITY ATTORNEY'S OFFICE
'! ''if
'lIHJII.SIJrI lJlif{\'] ill\(H.llURIO,\-,_~.l,~'
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MEj'10~lDUN
Date: November 20, 1989
To: Clty Commission
From: Susan A Ruby, Assistant City Attorney
Subject: Palm Beach Newspaper, Inc. vs. Charles Kilgore
Case No. CL 88-4593-AD
Our office has re<::eived a Mot.ion for Attorney's Fees from the
lawfirm of Steel, Hector, Davis, Burns and Middleton in the
aforementioned case. A hearing is set for December 1, 1989.
As you may recall this case involved the request for internal
investigative files. The court ruled they were public records,
and pri.or to appeal of the issue, the documents were released
because the investigation was completed. The appellate court
ruled that review of the case was moot because the records were
already released.
Th~ Public Records Statute permits Palm Beach Newspapers, Inc.
to move for and collect reasonable at~orney's fees. The
attorney's fees in this case were $3,662.00. Our office is
tt"ying to obtain the lawfirm's fee arrangement with the Palm
Beach Post in order to better assess the reasonableness of the
fees. However on its face, the fees appear to be reasonable.
Our office recommends approval of the payment of these fees,
subject to our determination of the reasonableness of the fee
~eement mentioned above.
~
SAR:ci
cc Malcolm T. Bird, Interim City Manager
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Steel Hector Davis BlII'IUI &: Middleton
w.. PlIIrn s.:n, Florida
V. Ted Bt8bhIrn. Jr.
(407) 650.7264
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September 28,
1989
SENT VIA FACSIMILE
COpy AND U.S. MAIL
\D\~\g/j
Herbert W. A. Thiele, Esq.
City Attorney
310 S.E. First Street
Suite 4
Delray Beach, Florida 33483
~.~. -~' j
Susan A. Ruby, Esq.
Assistant City Attorney
310 S.E. First Street
Suite 4
Delray Beach, Florida 33483
Re: Palm Beach Newspapers, Inc. v. Charles Kilgore; Case
Number CL 88-4593-AD
Dear Mr. Thiele and Ms. Ruby:
Enclosed for your review are copies of our client's bills,
costs, an~~imesheets for the most recent work. As you are
aware, our motion for attorneys' fees and costs has been set for
hearing on Friday, December 1, 1989 at 3:30 p.m.
The total
are agreeable
we can cancel
proceed.
for fees and costs incurred are $3,662.00.
to the fees and costs, please contact me so
the hearing. If I do not hear from you, we
If you
that
will
:JjrUl
V. Ted
VTB/bac
Enclosures
73
WesI Palm Beach Office
1200 Northbridge Centre 1
515 North Aagler Drive
West Palm Beach, FL 33401 -4307
(407) 650,7200
Fax (407)655.1509
Palm Beech Office
Steel Hector Davis
Bums & Middleton
440 Royal Palm Way
Suite 100
Palm Beach, FL 33480
(407) 650 7200
Boca Raton Office
Steel Hector & Davil
1200 NOrth Federal Highway
Suite 409
Boca Raton, FL 33432
(407) 394.5000
Fax- (407) 394-4856
Miami Office
Steel Hector & Davis
4000 Soultleast FinanCial Center
Miami, FL 33131.2398
(305) sn. 2800
Fax: (305) 358. 1418
Tallahassee Oft1ce
Steel Heclor & DaVIS
215 SovIh Monroe
Suite 601
Tallahassee. Fl 3230 1 1804
(904) 222.2300
Fax: (904) 222.8410
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GREATER DELRAV BEACH CHAMBER DF CDMMERCE
64 SOUTHEAST FIFTH AVENUE - TELEPHONE 278~0424 - OELRA Y 8EACH. FLORIDA 33483
,
November I, 1989
Elizabeth Arnau
City Clerk
100 N.W. 1st Ave.
Delray Beach, FL 33444
Dear Ms. Arnau:
At our regular Board of Directors meeting on November
I, 1989, the directors of the Chamber of Commerce approved
my appointment of Dr. Jay Alperin to fill the open seat on
the City's Human Relations Committee.
Dr. Alperin has been practicing dentistry in Delray
Beach for over 15 years.
He has been very involved in
community affairs and professional organizations over the
years and currently serves as a member of the Chamber's
Board of Directors and the legislative affairs committee.
I am confident that Jay Alperin will carry out the
duties assigned to members of the Human Relations Committee
in his typical superior fashion.
Please place this appointment in the upcoming City
Commission agenda for approval.
Sinc~re;y, //
4fl12i~(L
Wi~;(ia;;?,::1. Hazzard
President
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RESOLlJTLON NO. - Yo/1SlQ-Q,.....
AMENDMENT TO INTERLOCAL AGREEMENT
TillS AMENDflENT TO I N T E It L 0 C A L AGHEE/'IENT. 15 maric .111 d entered
into t his o</JI d3Y o f /~lIem/;-e.Y 1989 , by .:l n d' between t h ~
C IT Y OF ilOYNTON ilEACH FLORIDA ., mllnlclpa 1 corporat on
hereinafter refer.red to :.IS "UOYNTON," clnd the CiTY OF DEI.RAY
BEACH, FLOHiDA, .1 IfltlJll.ClP"ll cOl~por,:ltion hcrci.naftcr l'cfcrt'ed to
as "DI~J..HAY. I'
WITNESSI,TIl:
WI1ERI':AS, ilOYNTON 3nd D~~LHAY pursuant to Sectton 16].01
Florida Statutes, l,ave clltcred illto tllnt certain Illtcrlocal
Agree.ment dated the 26th day of December, 1974, ~Hta_blishing the
South CClltra_l RcgiGn~1 Wa:;tcw~ter 'Crc.1tment and Disposal Board, a
cop y 0 f \oj 1\ i C 11 fj U chI n t e r 1 0 C .1 1 A g r c C In e n t 1 sat t a c h e d II ere t 0 .1 S
E~'~hibit IIA"; and
WHEI.~E^SI on the l:;th c1;JY of September) 1983, thf: partie::;
llcrcto 31nelltlcd t~c ::aid lntcrlocal AgrcClnent. a copy of such
Amendment being a.ttached hereto (lS Exhibit flAil; ilOd
WHEREASJ 'BOYNTON and DELRAY and the South Centr."ll Hegioilal
Wastewater Treatnlent and Disposal Board 113ve entered into tl13t
certain Industrial Wustc and Pretreatment Agreement dated the
15th day of January, 1987, providing for numerous detailed
stalldards of acccptnbility for wastewater discharged into the
South Central Regional W:J:ite'W;Jtcr Treatment Clnd DispoD,'Jl
f;lciLity; and
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Hl[~I\[~AS, ^nncy. Two to the Interlocill Acrcemcnt contained
cereai!l stnlltlnrds of acccptnbi.lity for wn~tewater discllarged into
the regiollal facility and SUCll 9t~ndar(Js conflict wit!l certain of
t 11 est and ;J r d f) pro vi d e d IN i t h 1. nth c :;.:1 i d r n d 1I S t ria 1 Was t e .1 n d
Pretreatment Agrecmcllt; nnd
WHEREAS, the limits contained within the said Industriol
Waste ilnd Pretreatment AgreClTICnt 1,QVe been ~pproved by the United
States Environment,11 Prot:ection Agency .1:nd tile Bo;']ru 1S uesicous
of amellding Anllcx Two to tile Intcrlocal Agrcclnent to incorporate
t h c. 8 t;l n d a r d sse t r 0 r t II 1 n fi aid In d 1I S t c i. a 1 W;J s t e-- Pre t rea t m e 11 t
Agreement 1.11 licll of tile stalld:Jrd~) origin.:Il1y set forth in Annex
Two to the Interlocal Agreement.
NOW, tHEREFORE, be it resolved that:
The criteria for waste discllacged int~ the publ.ic
HeWers 38 set fortll in Sectioll 8 or tl\e Ind~stri31 Waste 3nd
Pretreacmcllt Agrcclnent ~rc llereby incorporated into Annex Two to
~he Interloc~l Agreement 111 t},eir entirety atld to tIle extent tllat
the ~;3;ne confllct with :Iny st.1nd.1rds r:lct forth 1.n the fi.:Jid ^nncy.
Two those critcr~a set [ortl, in the Indllstrial Waste jllcl
?rctre~tmcnt Agrcemc.l1t sllnl.1 r~rlacc and supersede said
standards.
2 .
T his
A In end m C 11 t
sh.;.11.1 become effectlve upon
ratification by majority vote of ~~tCll City COtlncil;
3.
This Amendment
"h a l1
,....
n
filed ..,ith
the Clerk of the
Circuit Court, Fiftccntll Jll(lici~l Circuit, in West Palm BC3Cll,
Florida;
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4. The lnterlocal Agreement i. heretofore amended and
shall rCln31n in full force nnd cl-(ect altere(] only to tllC extent
or this A:ncndmcnt.
RESOLVED thi,
day of
1989, by a
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ny:~
,.\ TTo ST:
See re t:lt"y
The Ilndersigned Cities of Delroy Beach 3nd Boynton Beach
hereby ratify the action taken by the South Central Regional
Wa,tewater Treatment and Di'posal Board in accordance with the
foregoing Amendment to lnterlocal Agreement.
1,.li tnes~jes
CITY OF DELRAY BEACH
II Y :"
Mayor
Attest:
^" to City of Delray Beach
.
City Clerk
Approve(1 as to form:
(SEAL)
Ci ty Man,qger
/,-City rney
.-.
CITY ~..",. ,
---:J?uuy ~~~~ ~:/>
,./ Mayor
~ ~ft.. /;;,,,,,If?A:,,,,,
As to City oC Boynton Be.,c City Clerk
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Approved as to form:
City Manager
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City Attorney
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FIRST AMENDMENT TO INDUSTRIAL
WASTE AND PRETREATMENT AGREEMENT
THIS FLRST AMENDMENT TO LNDUSTRIAL WASTE AND PRETREATMENT
AGREEMENT 1S made and entered into by 311d bctweer\ tI,e SOIJCll
Centra
Region~l Wastewater Treatment an(l Disp053
Bo;,]rd an
entity created by Interlocal Agreement purs\Jant to Floridn
St3lUI:~ Section 163.01 (Il~rcinnfter rcf~rred to as POTW), tIle
City of BOYllton Beach) Floritln, 3 mllnicipal corl)Or~tion, ~lld tI,e
City or Dclray Geael" FI,orilla
a mllnicip~l corporation (I)otl, of
whic!l are colLectively referred to llerein 11:; tIle Cities),
W I 'r N E SSE T H:
!.Ii HER l~ AS, the par tie 11 h.:l v.':!. . c. n t e r ,c d
nto tin lndustrilll W~ste
and Pretreatment Agreement dated tI,e J Sell day of Jnnllary, 1987)
(the Ag[el~ment)
.
pllrsu:tnt to the requirements or the Clcan t".1ter
Act of 1977 and tI,e General PrctrcatmCtlt RegulatiOl19 40 CFI~, Pitre
403; "" d
\~f!1EREAS
on October (7~ 1988~ cert"in rC'Jisi.ol1li to the :laid
General PretrentTnCllt Regulat OilS (40 CFR, Part 403) were
rill<.1lized and said reVl.S10ns reqtlirc 1n0difi.c:-1tion of certain
Sel:ci0ns of tI,e Indu~tri31 W3i;~!~ 1~d Prctrc3tmeOt Agreement: ~'ld
WHEREAS, ~9 a rc~ult or tl';c ^:Jihlldmel\t to the said Indllstri_al
Waste and Pretreatment Agreement as provided for l1ereil', tlle
Cities shall be obligatcc( to nmnnc! tlleiI.'" respective Codc of
Ordinnnccs to incorporate sucl~ ~m~lllJment.
NOW, THEREFORE, 111 COllRi(J~r3tiOll of the ffitlt\lal Covel1nnt9 and
prOlnlses tlcrcin contained ~llG adequDcy of Wllich 15 hereby
3ckllowletlgccl the p31~tic~ llcreby N~ree as folLow:;:
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S e c t ion 8 (c) (2) 1 she r e by" men d e d 1n i tHe 11 t ire t y to
read .1" fa llows:
Any waters or wastes co~tainil1g toxic or pOlsonous
solids, liqlli{ls or gasc:; ion Sllfficient qllnntity,
either singly or by inte.r~lction with other W3StCS, to
illjllre or interfere witll any wastewater treatment
pro c C s S, C 0 11 S t i. t \I t e .1 h :1 'i~ ,1 r cl t 0 hum a n~, 0 l" .J 11 i. In a 1 s ,
create 1.1 public nUl~;nllCC, or create any haZ.1rd In the
recelv1ng waters of 'the wastewater trentlnent plant
i 1\ C 1. II d 1. n g but 11 0 t l. i. In i. t cd toe y .1 n ide S l n e x e !~ s S 0 r
mg/l as eN if the. waste.s discharg"d to the public
sewer.
.
2. Secti.on 8 (d)(7) 15 hereby amended 1.n it~ cnti~cty to
read 3.S fo 1101,.,'8:
Al'Y waste [roln 9odiuln-cycle cation cxchallge (water
SO f ten in g) \1 nit s fro In i n d u s t t' i a lor com m c [" !: i..1 1. ~l S e r s
where the chloride content exceed. 600 mg/l.
3,
S I~ C 't i.. 0 n 8
as
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AllY waters or wastes cOtltaining 1)3rumeters in
excess of tlle following recommended limits:
PARAMETER
RECOMMENDED LIMIT
Pet r ole U In 11 Y d roc arb 0 n B
20 mg/l
Antimony
2 ml;/l
Cadmium
0.1 mg/l
Chromium (Tota t)
rng/l
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Copper
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3 IlIg /1
mg/l
I mg/I
3 Illg/1
mg/l
Nickel
Silver
zinc
Phcnols
Le ad
0.5 mg/I
Iron
5 mg/l
Ml~ Lcur)'
.001 mg/1
Arsenic
0.5 mg/J
Flouri de
50 mg/l
S c 1 en i {ITn
0.25 mg/l
'rotal Toxic Organics
5 mg/J
no onc parame.ter
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mg/l
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'-1 . S e !: t 1. 0 nIL ~: u 'ri see t ion (d) 0 f the I 11,1 \1 S t ria 1 h' as t ~ .1 \., d
Prct~entlllent Agrceme~t entitled lndllstri~l and COlnmercial W~ste
Discharge P~rmit Arpl ication s1lall be amended to ~dd 3 l1CW
sul;section to reud 36 fullows:
" ) . Wit Ii i nth i. :: t, Y (3 0) d.:J. Y S 0 f the is:; lJ .1 I., c;:: c r
reissl~nnce of a per~it, tl1e user shall C~llse ~;tlmplil1g
of th~ir discl~ar~e ~nd laboratory analysis of said
disc!large to be forwarded to the Cities Utility
Director Upon receipt of the results of .aid
laboratory analysis, the Utilitas Director lnay di.rcct
tile user to further sample the discharge at such
times 38 the Ut{lities Director deems appropriate.
The Citie" shall immediately upon receipt of such
:,;.1mpling results provide the S,lme to the POTH."
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5. Section 17 (c)(9)(a) lS hereby amended 1n it. entirety
to read a. follows:
"(a) Civil Penalties. The Cities shall adopt an
Ordinance providing that any user who is found to have
violated an Order of the City or Ordinance adopted to
provide (or compliance with this Agreement or w110
willfully or negligently fails to comply with any
ordersJ rules, ,]nd regulations issued by the City
pursuant to this Agreement, shall be fined per day not
I e s s t h a n $ + e e .. e 0" $ I . 0 0 0 , 0 0 nor m 0 r c t: h a n
$5ge~OO for e~ch 'offense. Ene!l day 011 Wllich 3
viol:ltion shaLL OCcur or continue shilll be deemed a
separate alld clistinct offcllse. [n addition to the
panaltlC:; llrovicled l1crein eacl1 City may, to tIle extent
permitted or authorized by law) reco~cr reasonable
attorneys' feesJ COtlrt costs and Court reporters fees
a.oJ other expenses of litigation l)y apl>ropriate
Inotions 'or'suit at law .:lgnitist the .user/person found
to I,ove violatCt! t!lis Agreement) or the Ordinances)
Orders} Rllles, Hegtllatioos} and Permits issued
hereunder. II
.
6. Section J7 of the InduBtr.tal W,l.ste and Pretreatment
Agreement entitled Enforcement is Ilcrcby alnended to add u new
subsection (d) entitled Sampling the Following Violations to read
as follow",
II ( d) S a III p 1 i n g the F 0 1 low i n g V i 0 1 a t ion S . The C i tic s
sholl require that within thirty (30) days of any and
all viola~ion$J tIle user shall cause a sample of tIle
discharge to be taken and laboratory an"lys1S
pcrfornled 011 said sample at tlleir ex!)ense wit!l the
results to be prd~ided to the Utilities Dir~ctor of
' .
the City and the City shall furnish said results to
the POTN. The Utilities Director and the POTW may
require fllrther ~3mpling at such times as eitllcr deem
appropriate."
7. Section 18 of the Ind~.trial Waste and Pretreatment
A g r e em e n ten tit 1 c d R cpo r tin g 1: n s pee t i 0 II a' n d M 0 nit 0 r 1 n 8
entitled Sllbstantiul Cllsnge and Di~charge:
RequirelnentG i~ hereby alnendcd to add a new subnection (e)
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., ( c) Sub.fj t <1 n tin 1 C h .:t 11 g Can d 0 i Hell ;j r r. c . The C i tie s
shall adopt 6rdin~nces rC(I'Jirinj~ ~ll IJners to report
any substantial change in the volume or character or
tllcir discllarge il111ncdi,ately by telcpllone to the
Utilities Director of the City. The notification
shall include the location of the discharge, type of
wa,;tc, concentration) Dlld aneicipatcd period of time
ill which th~ change in volume or char;Jcter 1.:> to
continlle.1I
IN HITNESS
Industrial Waste
t.JIIERE:Or, the p.'lrti.cH hereto h.'1ve
and Prctrentlncnt Agrccmrint this
1989.
executed
do y 0 f
t hi. s
SOUTH CENTRAL REGIONAL WASTEWATER
TREATMKNT AND DlSPOSAL BOARD
By:
~.~
Chalrman
ATTEST:
Secretar.y
.
CITY OF BOYNTON BEACH
By:
Mayor
City Clerk
CITY OF DELRAY BEACH
gy:
Mayor
City Clerk
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Tile above action i.s ller',lly r.1tified
City of BoyntoLl Beach t'lli.s _ <lny of
In Open ses!iion by the
J 989.
\HTNESSES;
ClTY OF 80YNTON 8EACH
n y:
Attest:
City Clerk
(SEAL)
^pprovcd ns to [ortn:
City Mannger
City Attorney
The above actioll is
City of Delray Beaell tllis
herey ratified
day of
in open session by tIle
1989,
.
WITNESSES:
CITY OF DEL RAY BEACH
n y :
Mayor
Attest:
City Clerk
(SEAL)
Approved as to form:
City MIlnager
City Attorney
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ENGINEERING DEPARTMENT
M E M 0 RAN DUM
TO:
MALCOLM T. BIRD
INTERIM CITY MANAGER
FROM: ~~ GATES D. CASTLE, P.E.
1:1 j] CITY ENGINEER
DATE: NOVEMBER 14, 1989
SUBJECT: CITY HALL EXPANSION PROJECT
------------------------------------------------------------
Attached is a copy of Change Order No.
$37,969.00 for the subject project. A
calendar days is also included in the
involves the modifications required to
Processing area.
#2 in the amount of
time extension of 7
Change Order which
enlarge the Data
Engineering recommends approval of the Change Order, with
funding to corne from interest earnings on the 1987 Utility
Tax Bond Issue.
An Agenda Request form for this item is attached for further
processing.
GDC: slg
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CHANGE
ORDER
DOWNER
. 0 ARCHITECT
o CONTRACTOR
o FIElD
OTHER
RECEIVED t':0~' - 2 1989
PROJECT:
(name, address)
City Hall Expansion
100 NW 1 Avenue
Del ray Beach, FL 33444
CHANGE ORDER NUMBER: 02 Prov i s i ona 1
TO (Contractor)
r 'I ARCHITECT'S PROJECT NO: 8487
Sessoms-Grice Construction Co Inc
7777 North Davie Road Extension CONTRACT FOR: expansion
Hollywood, FL 33024
L ..J CONTRACT DATE: 05-22-89
You are directed to make the following changes in this Contract:
extras for interior changes per drawings dated 10-16-89 as follows:
drywall partitions - wash out
doors, jambs, hardware - add 3
elevated floor 740 sf @ $18/sf
electrical changes
hvac changes
demountable partitions
fire sprinkler
Ha I on sys tem
casework
clean up
Contingency
$
+7.5% Overhead & Profit
Provisional cost to be adjustea upon receipt
of final drawings
1,500.00
13,320.00
5,000.00
5,000.00
500.00
1,500.00
5,000.00
1,000.00
500.00
2,000.00
35,320.00
2,649.00
$37,969.00
----------
----------
The original Contract Sum was ........................... ........................................~ $'1,893, 85i. 00 .I' :
Net change by previous Change Orders ................. .......................................... S 1,686. 76 0': : . " :
The Contract Sum priorto rhis Change Order was........ ........................................ S 1-,895-,543..7-ti I,";.S, c.,
The Conrract Sum will be(jncreased)~Wlll(~Kl~ byrhis Change Order .......... S 37,969.00
The new Contract Sum including rhis Change Order will be ........... ...... ...... .......... .... S 1,m, 512.~ I, OJ , ' ~ C \
The Contract Time will be (increased) (lIIlItiX~~NI by seven ca I enda r (7 ) Davs
The Dare of Comp/erion as of rhe dare of this Change Order rherefore is June 7, 1990
DIG8Y BRIDGES, MARSH & ASSOC
l~~C~I?"E5f Avenue
^ddreu
Delr
{/ /o/~~
'I
SESSOMS-GRICE CONSTR CO INC
7fflNtfa^Rf'bavie Road Ext.
Address
HollYWOOdK FL 33024/~
/, -:...
BY '- ~./" j/~~
/ /O~
-( - <:7
CITY OF DELRAY BEACH
16tY"~~ 1 Avenue
Addres.
DeJray Beach, FL 33444
BY
BY '-
CATE
CATE
CATE
.
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Sessoms - Grice Construction Company, Inc.
October 20, 1989
via FAX
Mr. John Robbins
Oigoy Bridges, Marsh & Associates
c/o Oelray Beach City HaJl
IOu NW 1 Avenue
Oelray Beach, Fl 33444
Re: #332 - DElRAY BEACH CITY HAll EXPANSION
Oea I' John:
Per the drawings we received this work for the proposed interior changes,
a preliminary estimate not to exceed $38,000 can be written. listed
u~low are the costs I have been able to determine.
I) drywall partitions - wasn out
2) doors, jambs, hardware - add 3
3) elevated floor 740 sf @ $18/sf
4) electrical changes
5) hvac changes
6) demountable partitions
7) fire sprinkler
8) Halon system
Y) case~lork
10) clean up
11) Contingency
$ ---
1,500,00
13,320.00
5,000.00
5,000.00
500.00
1,500.00
5,000.00
1,000.00
50U.00
2,000.00
35,320.00
2,649.00
$37,969.00
+7.5% Overhead & Profit
----------
----------
Very truly yours,
SESSOMS-GRICE CONSTRUCTION COMPANY, INC.
H:itf.~y
Senior Project Manager
HG/mb
7777 North Davie Road Extension . Hollywood, Florida 33024
Phones: Fort Lauderdale (305) 431.7900 . Miami 945.1547
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C I T Y
COM MIS S ION
DOCUMENTATION
TO:
ROBERT A. BARCIN~I, ASSISTANT CITY MANAGER
~ pi "
c. -.,... l.... Y7 ./~~L~ ----------c ~~_
FRANK R. SPENCE, DIRECTOR
CS:7j UVICES GROUP
DAVID J. KOVACS~R
DEPARTMENT OF PLANNING AND ZONING
VIA:
FROM:
SUBJECT: MEETING OF NOVEMBER 28, 1989
CONSIDERATION OF THE FINAL PLAT FOR THE ROYAL
COMMERCIAL PARK OF DELRAY (R&N)
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of a final plat for the Royal Commercial Park of
Delray (formerly the R&N project).
BACKGROUND:
A site and development for
approved in March, 1989. A
platting of the property.
an office/warehouse project
condition of approval was
was
the
The plat has been properly prepared and processed. Please refer
to the full P&Z staff report for more background.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board certified the final plat as being
consistent with the site plan (preliminary/sketch plat) at its
meeting of November 20th.
RECOMMENDED ACTION:
By motion, approval of the final plat for the Royal Commercial
Park of Delray.
Attachment!?:
cover sheet from the P&Z staff report
reduced copy of the proposed site and development plan
and plat
a full staff report is available in the City Manager's
Office
REF/DJK#55/CCROYAL.TXT
~4
PLANN1NG 8
CITY OF OELRAY
ZLJNING BOARD
BERCH
MEET ING D=lTE: NOVEMBER 20, 1989
STAFF REPORT
AGENOFl ITEM:
IV.E.
ITEM: ROYAL C(HfERCIAL PARI OF DELRAY (R&N) ON CONGRESS AVENuE.
GENERAL
27
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DATA:
OWner...........................R , N Enterpriles
Nicolas Stouraitia
"gent.................................................. .Nicol.. Stouraitis
Location........................E..t lide of Congress Avenue.
between w. Atlantic Avenue and
Lake Ida Road, just north of the
Exxon Itation.
Property Slz.....................9S.100 ~. ft. (2.18 Acr..)
Exilting Land Ua. Pl.n..........% CIndustrial'
Proposed Land UI. 'l.n..........Commerc.
(Comprehensive Plan)
City Zonlnq.....................LI (Light Industrial)
Adjacent Zonln9............... ..North and ea.t of the Subj.ct
property 1. zoned MI (Med1um
Industr1all. South is zoned GC
(General Commercial) and west is
zoned LI.
Existing Land Use...............Vacant Land
Proposed Land Use...... '" ......Two buildinqs totalling 33,117
sq. ft. with attendant parking
and loading facilities. The
buildinga will be occupied by
uses listed 4. "permitted uses"
in the LI zoninq district fCode
Section 173.581).
Water Service.................. .Existin; 6" water mains located
on the east side of Congress
Avenue and on the east side of
the property.
Sewer Servic..... ......... ......Exi.ting 8" .anitary sewer
located on the .ast .ide of
Congr... Avenue.
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C I T Y
COMMISSION
DOCUMENTATION
TO:
ROBERT A.. BARCItBSKI, ASSISTANT CITY MANAGER
~/(~. t:J
FRANK R. SPENCE, DIRECTOR
DE LOPMENT SERVICES GROUP
JUu~
D . KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
VIA:
FROM:
SUBJECT: MEETING OF NOVEMBER 28, 1989
CONSIDERATION OF THE FINAL PLAT FOR
OCEAN APPLE ESTATES
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of a final plat for Ocean Apples Estates
(Fountain-Fox Historic Site).
BACKGROUND:
This item involves a three lot subdivision of a 2.9 acre tract
which extends from the Ocean to Andrews Avenue. The site has
been before the City Commission previously for designation as an
historic site and for the waiver of right-of-way dedication. The
Historic Preservation Board has granted variances to accommodate
the creation of the substandard (R-1-AAA) lot east of A-I-A. The
request involves the creation of three building sites, one of
which has structures on it.
The plat has been properly prepared and processed. Please refer
to the full P&Z staff report for more background.
PLANNING AND ZONING BOARD CONSIDERATION:
At its meeting of November 20th, the Planning and Zoning Board
certified the final plat with the following conditions:
1. that the developer is responsible for installation of a fire
hydrant and extension of sewer service to Lot 1 at, or prior
to, construction on either Lot 1 or Lot ).
2. that a financial guarantee be in-place prior to the
recordation of the plat.
RECOMMENDED ACTION:
By motion, approval of the final plat for Ocean Apple Estates
pursuant to the recommendation of the Planning and Zoning Board.
Attachments:
cover sheet from the P&Z staff report
reduced copy of the plat
a full staff report is available in the
Office
City Manager's
REF/DJK#54/CCFOX.TXT
35
PLANNING 8 ~~NING
CITY OF OELRAY
BOARD
BEACH
MEETING ~TE: NOVOOlER 20, 1989
--- STAFF REPORT
AGENJA ITEM:
IV.G.
ITEM :
OCEAN APPLE ESTATES, FINAL PLAT
..... Of
THE LAN('IINGS
6K. 42, 1'6. 21
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GENERAL DATA:
Owner...........................Mr. , Mrs. Roderick Willon
A;ent...........................Rich.rd W. ShereaMlt., P.E.
Sheremeta Aalociates
Loc.tlon........................N. OCe.n Boulevard, between N.E.
8tll Street and ".cll Drive. TIle
p.ope.ty extends f... tile
Atlantic OC..n to ADdzewa Avenu..
'roperty 51&....................2.'3 Ac.r..
CIty Land Use Pl.n..............sr ISlnqle ramIly)
CIty Zoolnv.....................R_1AAA ISlnvle-ramIly DwellInV
D1et.lct)
Adj.ceot ZonInV.................No.tll.nd soutll of tile subject
property 11 zoned R-1AAA. West
ls zoned R-1AA. East ls tile
Atlantic OCean.
EXlstlnv L.nd Use..,............A slnvle faml1y dwelllnv .nd J
cott&qes
Proposed Land Use...............Subdivide 2.93 acre parcel into J
sin;1. family lots pursuant to
R-1AAA zonin9 district
requlation. and varianc..
app.oved by the Hlsto.lc
Preservation Board.
Water S.rv1ce...................Exi.tinq 8" water main located
alon; the .a.t .ide of Andrew.
Avenue and an exi.tn; 6" main
located alon9 the we.t .ide of
OCean Blvd.
ITEM: II'.G.
Sewer servlce...................Exi.tinq .anitary sewer between
proposed lot. 2 and 3, and 140
ft. north of the subject property
along Ocean Blvd.
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MEMORANDUM
TO:
MALCOLM BIRD - INTERIM CITY MANAGER
FROM:
LULA BUTLER - DIRECTOR, COMMUNITY IMPROVEMENT
~
SUBJECT: TEMPORARY TENT ~ CASON COTTAGE
DATE: NOVEMBER 16, 1989
The Delray Beach Historical Society is requesting permission to
erect a temporary tent at Cason Cottage from December 1, 1989 to
December 4, 1989. The purpose of the tent is for the grand
opening of the Victorian Christmas House. The tent will be for
the arts and crafts section of the event.
All necessary permits will be applied for and issued before the
tent is erected.
Staff is recommending approval of the temporary tent.
LB:DQ
Attachment
L/3
A:Casontent.CC
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BOARD OF
GOVERNORS:
Donna B. Banting
Frances F. Bourque
Gayl L. 8rown
Michele P. Burns
Nancy Earnhart
Lawrence C. Eaton
Dr. E. Monroe Farber
Charles V. V. Hardiman
William Koch, III
Joan LaPorte
Marsha Love
Clemmer Mayhew, III
Mary J. Morrell
Buster Musgrave, Honorary
Theresa K. Pfeil
C. Spencer Pompey
Marylew Redd
Kari A. Shipley
Rose Sloan
Carol M. Stanley
OFFICERS:
JoAnn K. Peart
President
Kathleen S. Wallace
1st Vice President
Michael W. Tiernan
2nd Vice President
Avis W. Stanley
Recording Secretary
Doris L. Brady
Corresponding Secretary
Barbara G. Backer
Treasurer
Five Northeast First Street
De/ray Beach, Florida 33444
(407) 243-0223
delray beac
istorical society
,
November 14, 1989
Lula Butler
City of Delray Beach
100 N. W. 1st Avenue
Delray Beach, FL 33444
Dear Mrs. Butler:
The Delray Beach Historical Society would like
to have permission for Atlas Party Rental to
put up a tent for us on December 1, 1989. It will
be taken down December 4th. The tent is 30 x 60
feet and will be set-up on the grass to the west of
Cason Cottage.
Thank you
for your help. . I/)
~JcerelY' / A./_
.u ~ ,\kCL/(l-
1/ oAnn K. Peart
,. President
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0041669
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Museum and Olfices located at Cason Cottage. Five Northeast First Streel
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RESOLUTION NO. 87-89
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA APPROVING AND AUTHORIZING THE FLORIDA DEPARTMENT OF
REVENUE IN ACCORDANCE WITH RULE 12-10.09 (F.A.C.) TO DESIGNATE A
BANK TO RECEIVE THE LOCAL GOVERNMENT HALF-CENT SALES TAX STATE
WARRANT; AUTHORIZING THE BANK SO DESIGNATED TO WIRE TRANSFER SAID
LOCAL GOVERNMENT HALF-CENT SALES TAX TO A BANK DESIGNATED BY THE
CITY OF DELRAY BEACH, FLORIDA TO RECEIVE SUCH FUNDS; AND FURTHER
TO AUTHORIZE THE BANK DESIGNATED BY THE FLORIDA DEPARTMENT OF
REVENUE TO DEDUCT THE COST OF THE WIRE TRANSFER FROM THE AMOUNT
RECEIVED FOR TRANSFER.
WHEREAS, the Florida Department of Revenue has adopted Chapter
12-10.09, Wire Deposit of Local Government Half-Cent Sales Tax Funds in the
Rules of the Department of Revenue, State of Florida, and
WHEREAS, it is in the best interest of the City of Delray Beach,
Florida to receive the Local Government Half-Cent Sales Tax Funds by wire
transfer,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA:
SECTION 1. That, in accordance with S.S. 17.075, Florida
Statutes, and Rule 12-10.09 (F.A.C.) the Florida Department of Revenue is
authorized to designate a bank to receive the Local Government Half-Cent
Sales Tax State Warrant.
SECTION 2. That the bank so designated is authorized to wire
transfer said Local Government Half-Cent Sales Tax funds to a bank
designated by the City of Delray Beach, Florida to receive such funds.
SECTION 3. That the bank designated by the Florida Department of
Revenue is authorized to deduct the cost of the wire transfer from the
amount received for transfer.
SECTION 4. That this resolution shall take effect immediately
upon its adoption.
PASSED AND ADOPTED in regular session on this _____ day of
, 1989.
CITY OF DELRAY BEACH, FLORIDA
ATTEST:
Mayor
City Clerk
~
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RESOLUTION NO. 88-89
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA APPROVING AND AUTHORIZING THE FLORIDA DEPARTMENT OF
REVENUE IN ACCORDANCE WITH RULE 12-10.09 (F.A.C.) TO DESIGNATE A
BANK TO RECEIVE THE REVENUE SHARING STATE WARRANT; AUTHORIZING
THE BANK SO DESIGNATED TO ELECTRONIC FUNDS TRANSFER SAID REVENUE
SHARING FUNDS TO A BANK DESIGNATED BY THE CITY OF DELRAY BEACH,
FLORIDA TO RECEIVE SUCH .FUNDS; AND FURTHER TO AUTHORIZE THE BANK
DESIGNATED BY THE FLORIDA DEPARTMENT OF REVENUE TO DEDUCT THE COST
OF THE TRANSFER FROM THE AMOUNT RECEIVED FROM TRANSFER.
WHEREAS, the Florida Department of Revenue has adopted Chapter
12-10.09, Automatic Deposit of Revenue Sharing Funds in the Rules of
Department of Revenue, State of Florida, and
WHEREAS, it is in the best interest of the City of Delray Beach,
Florida to receive the revenue sharing funds by electronic transfer,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA:
SECTION 1. That,
Statutes, and Rule 12-10.09,
authorized to designate a
warrant.
in accordance with S.S. 17.075, Florida
(F.A.C.) the Florida Department of Revenue, is
bank to receive the revenue sharing state
SECTION 2. That the bank
electronic transfer said revenue sharing
City of Delray Beach, Florida to receive
so designated
funds to a bank
such funds.
is authorized
designated by
to
the
SECTION 3. That the bank designated by the Florida Department of
Revenue is authorized to deduct the cost of the electronic transfer from
the amount received for transfer.
SECTION 4. That this resolution shall take effect immediately
upon its adoption.
PASSED AND ADOPTED in regular session on this _____ day of
, 1989.
CITY OF DELRAY BEACH, FLORIDA
ATTEST:
Mayor
City Clerk
3~
11
RESOLUTION NO. 89-89
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA APPROVING AND AUTHORIZING THE FLORIDA DEPARTMENT OF
REVENUE IN ACCORDANCE WITH RULE 12-10.09 (F.A.C.) TO DESIGNATE A
BANK TO RECEIVE THE LOCAL GOVERNMENT'S LOCAL OPTION GAS TAX
WARRANT; AUTHORIZING THE BANK SO DESIGNATED TO WIRE TRANSFER SAID
LOCAL OPTION GAS TAX TO A BANK DESIGNATED BY THE CITY OP DELRAY
BEACH, FLORIDA TO RECEIVE SUCH FUNDS; AND FURTHER TO AUTHORIZE
THE BANK DESIGNATED BY THE FLORIDA DEPARTMENT OF REVENUE TO
DEDUCT THE COST OF THE WIRE TRANSFER FROM THE AMOUNT RECEIVED FOR
TRANSFER.
WHEREAS, the
12-10.09, Wire Deposit
Department of Revenue,
Florida
of Local
State of
Department of Revenue
Option Gas Tax Funds
Florida, and
has adopted Chapter
in the Rules of the
WHEREAS, it is in the best interest of the City of Delray Beach,
Florida to receive the Local Option Gas Tax funds be wire transfer,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA:
SECTION 1. That, in accordance with S.S. 17.075, Florida
Statutes, and Rule 12-10.09, (F.A.C.) the Florida Department of Revenue is
authorized to designate a bank to receive the Local Option Gas Tax state
warrant.
SECTION 2. That the bank so
transfer said Local Option Gas Tax funds
of Delray Beach, Florida to receive such
designated
to a bank
funds.
is authorized to
designated by the
wire
City
SECTION 3. That the bank
Revenue is authorized to deduct the
received for transfer.
designated by the Florida Department of
cost of wire transfer from the amount
SECTION 4. That this Resolution shall take effect immediately
upon its adoption.
PASSED AND ADOPTED in regular session on this _____ day of
, 1989.
CITY OF DELRAY BEACH, FLORIDA
ATTEST:
Mayor
City Clerk
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M E M 0 RAN DUM
TO:
~ Malcolm Bird
~ Interim City Manager
FROM:
, Milena Walinski
"(dIu Assistant Finance Director
THRU:
(1.
David M. Huddleston
Director of Finance
SUBJECT:
Wire Transfers for State Revenue
DATE:
November 13, 1989
The State will do wire transfers for the following types of revenue:
1. State Revenue Sharing
2. Half-Cent Sales Tax Collection
3. Local Option Gas Tax
In order for these transfers to be done, a resolution must be approved by
the City Commission. Each revenue must have a separate resolution. An
authorization for automatic deposits for each type of revenue must be
completed (to be signed by City and bank).
Both resolution and authorization form are to be sent to the State prior to
the first of the month. The State only processes forms once a month.
Attached are copies of sample resolutions. Please advise me on how to
proceed.
MW/sam
Attachments
cc: Becky O'Connor, Treasurer
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RESOLUTION NO. 91-89
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, VACATING AND ABANDON-
ING A PORTION OF ROYAL PALM DRIVE LYING NORTH OF
LOT 7, BLOCK "A", AS SHOWN ON THE PLAT OF SUNNY
ACRES, ACCORDING TO THE PLAT THEREOF RECORDED IN
PLAT BOOK 21, PAGE 63, OF THE PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA1 AND PROVIDING THAT
THE ABANDONED RIGHT-OF-WAY SHALL REVERT IN ITS
ENTIRETY TO LOT 7, BLOCK "A", PLAT OF SUNNY
ACRES.
WHEREAS, Trainer Roofing, Inc., a Florida corporation,
is the fee simple owner of Lots 7 and 8, Block "A", Sunny Acres,
according to the Plat thereof as recorded in Plat Book 21, at
Page 63, of the Public Records of Palm Beach County, Florida,
and,
WHEREAS, Sherman and Rayson, Attorneys At Law, as
representative for the above-named fee simple owner, has made
application for abandonment of that portion of Royal Palm Drive
lying north of Lot 7, Block "A", Sunny Acres, according to the
Plat thereof recorded in Plat Book 21, Page 63, of the Public
Records of Palm Beach County, Florida1 and,
WHEREAS, it has been determined that the subject
right-of-way was dedicated as a part of the Plat of Sunny Acres,
as recorded in Plat Book 21 at Page 63 of the Public Records of
Palm Beach County, Florida1 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 interest of the City of Delray Beach to vacate said portion
of Royal Palm Drive lying north of Lot 7, Block "A", Sunny Acres,
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:
That part of the right-of-way for Royal Palm
Drive as shown on the Plat of SUNNY ACRES,
according to the Plat thereof recorded in Plat
Book 21, Page 63, of the Public Records of Palm
Beach County, Florida, described as follows:
Begin at the northeast corner of Lot 7, Block
"A", of said Plat of SUNNY ACRES 1 thence North
89 degrees 43 minutes 19 seconds West, along the
north line of said Lot 7, 103.00 feet to the
northwest corner of said Lot 7, thence north,
along the northerly extension of the west line
of said Lot 7, 25.00 feet to a line 25.00 feet
north of and parallel with the north line of
said Lot 7, thence South 89 degrees 43 minutes
19 seconds East, along said parallel line,
103.00 feet to the intersection with the north-
erly extension of the east line of Lot 7, Block
"A" 1 thence south, along said northerly exten-
sion, 25.00 feet to the said point of beginning.
Containing 2,575 square feet or 0.059 acre, more
or less.
40
Section 2 .
right-of-way shall revert
Sunny Acres, according to
Book 21, Page 63, of the
Florida.
That the above-described vacated
in its entirety to Lot 7, Block "A",
the Plat thereof as recorded in Plat
Public Records of Palm Beach County,
PASSED AND ADOPTED in regular session on this the 28th
day of November, 1989.
MAYOR
ATTEST:
City Clerk
.
- 2 -
Re 5 . No. 91 - 89
PU4NN ING B
CITY OF DELRAY
zr\JING BOARD
BEACH
STAFF REPORT
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MEET ING OFlTE: November 20, 1989
AGENDA ITEM: TV IT)
ITEM: Abandonment of a Portion of Royal Palm Drive (Trainer)
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GENERAL DATA:
Owner ..................... City of Delray Beach
Location....................West of Germantown Road, between
Poinsettia Drive and S.W. 10th
Avenue
Property Size...............2,575 sq. ft.
Existing Land Use...........lndustrial
Proposed Land Use...........Redevelopment Area #2
City Zoning.................LI - Light Industrial
Request: Abandonment of Royal Palm Drive west of Lime Lane
Development Proposal: Incorporate the abandoned right-of-way
into the Trainer Roofing site
ITEM: IV (I)
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THE ITEM BEFORE THE BOARD
,
The item before the Board is that of making a recommendation on
the abandonment of Royal Palm Drive west of Lime Lane.
BACKGROUND
In August 1988, a petition was submitted for site plan approval
and associated abandonment for portions of Royal Palm Drive and
Lime Lane in conjunction with the Trainer Roofing site. The
requested abandonment included Royal Palm Drive (west of Lime
Lane) and that portion of Lime Lane located between Royal Palm
Drive and Poinsettia Drive.
The site plan was not accepted for processing due to several
significant deficiencies in the submittal requirements. However,
the petition to abandon Royal Palm and Lime Lane was transmitted
to the appropriate City Departments, Utility and Cable Companies
for review.
The request to abandon Lime Lane was rejected in that Lime Lane
is a part of the circulation system between Poinsettia Drive
north to Royal Palm Drive and east to Germantown Road.
The petitioner subsequently amended the petition to delete the
request to abandon Lime Lane.
PROJECT ANALYSIS
The survey dated June 3, 1988, for Royal Palm Drive and prepared
by O'Brien,' Suiter and O'Brien shows Royal Palm Drive as a
twenty-five (25) foot unimproved right-of-way.
On the south side of Royal Palm Drive, a platted subdivision
"Sunny Acres" exists. However, on the north, the area is
unplatted with the exception of the Royal Palm Drivel Germantown
Road intersection which abuts Lot 8 Esquire Subdivision. At this
intersection a 50 foot right-of-way exists.
With the platting of the Sunny Acres subdivision, the
half-section right-of-way (25 feet) was dedicated. No
right-of-way dedications have yet been obtained from the
properties to the north (except Lot 8, Esquire SUbdivision) Thus,
the vacated right-of-way will revert in its entirety to the
property from which it was taken.
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To: Planning ar Zoning Board
Re: Considerati....ol of an Abandonment Requesl. for
Royal Palm Drive
Page 2
The applicant was required to provide due notice of the
abandonment to the abutting property owner to the north. Notice
was required to ensure that no claims on the vacated right-of-way
would be made by that property owner. The property is owned by
Sun Ban~ which was dUly notified by Certified mail on March
17, 1989. No responses have been received and the petition has
been allowed to proceed.
The abandonment request has been sent out to all utility and
cable companies for their review. Responses from each have been
received and no objections are noted.
At first Palm Beach County indicated that they had strong
objections to the abandonment request (see attached letter)
However, since this area has been brought into the City as a part
of the annexation undertaken pursuant to the Delray Beach Enclave
Act, the subject right-of-way in now under the City's
jurisdiction and maintenance obligation.
The City's standard procedure requires that the abandonment of
right-of-way be consummated with a replat of the site. As they are
no development proposals as this time the abandonment may
proceed. However, with development of the site, a plat must be
prepared encompassing the vacated right-of-way. Such plat may be
required to provide easements within the abandoned area, for
the extensions of water and/or sewer mains as identified during
the site plan process.
ASSESSMENT
The recorronendation of the Board must be based on two findings,
namely,
Public purpose to be served: This portion of Royal Palm
(west of Lime Lane) does not provide a public purpose as it
is not a part of the circulation system nor does it grant
access to utilities. In fact, the existing right-of-way may
be construed to be a public liability as roadway is
substandard.
Private qain: vacation of the right-of-way will increase the
Trainer Roofing site area by 2,575 sq. ft. The accorronodation
of the right-of-way within the site will further on-site
development and better serves that purpose.
To: Planning a" Zoning Board
Re: Considerat. n of an Abandonment Reque~~ for
Royal Palm Drive
Page 3
ALTERNATIVE ACTIONS
1. Continue for consideration awaiting the submission of a
development proposal for Trainer roofing.
2. Recommend approval of the abandonment based upon posi ti ve
findings as contained within the Assessment section of this
report.
RECOMMENDATION
Recommend approval to abandon the Royal Palm Drive right-of-way
west of Lime Lan~as the right-of-way does not impact the City's
circulation system nor grant access to utilities, subject to the
provision and dedication of easements via a replat of the site as
determined to be necessary at the time a site and development
plan is processed.
Attachment: Reduce copy of survey
Letter from Palm Beach County
REF/JT39:ROYAL
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Thl~ draWing not
vahd without an
emboued s8al
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tioard 01 Lounty LommisslOners
County Administr,
}an \\'inters
Carol A, Roberts, Chair
Carol J. Elmquist, Vice Chairman
Karen T. Marcus
Dorothy Wilken
Jim Watt
Department of Engine,
and Public \Vorks
H. F. Kahler<
County Engineer
Augus t 29, 1988
City of De1ray Beach
Engineering Department
Gates D, Castle, P.E.
Assistant City Engineer
100 N,W. 1st Avenue
De1ray Beach, FL 33402
Subject: Street Abandonment - A Portion of Lime Lane and
Royal Palm Drive.
Dear Mr, Castle:
The subject rights of way are under County jurisdiction and maintenance
responsibility. In fact records reveal a current maintenance program
on those roads from January through August, 1988. .
The abandonment of the subject roads can only be accomplished under the
County's current Abandonment Ordinance No. 86-18.
If you have pertinent infqrmation that changes the responsibility of the
public roads, please advise this office. Thank you for your cooperation.
Sincerely yours,
OF~)1'THE COUNTY 'INEER
fft7~a4~
Patricia A. Fran in, Manager
Right of Way Acquisition Section
PAF:BAH:bh
"An Equdl Opportunity. :\ffirmative Action Employer"
BOX 2429 WEST PALM BEACH, FLORIDA 33402-2429 (407) 684-4000
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CHMII//L
Engineers
Planners
Economists
ScIentists
November 21, 1989
SEF40,30
Mr. Robert Barcinski
Assistant City Manager
100 N,W, 1st Avenue
Delray Beach, Florida 33444
Dear Me. Barcinski:
Subject:
Phase 1 Environmental Audit
City of Delray Beach Municipal Golf Course
Revised Cost Estimate
As you requested, I have reviewed information submitted by the fire department and
revised the estimate for performing a Phase 1 environmental audit at the City of
Delray Beach Municipal Golf Course. As I stated previously, the Phase 1 environ.
mental audit typically includes a review of available information to evaluate the poten-
tial for contamination at the site in question. The Phase 1 type audit does not typically
include field work or laboratory analysis, though this service may be provided if desired,
The Phase I environmental audit will include fIve tasks. These tasks are described as
follows:
CH2M Hill
o
Task 1..Public Record Survey. Available records from regulatory agency
files will be reviewed to assess the potential for contamination problems,
Task 2..Aerlal Photography Review. Aerial maps will be reviewed in an
attempt to identify sources of contamination. CH2M HILL already has
copies of the aerial maps of the golf course prepared in 1984 and has
used these maps for other work for the City, therefore, this task will
require minimal time, We can also look at older aerials to assess past
land uses.
o
o
Task 3..Adjacent Properties. During a Phase 1 environmental audit, ad-
jacent properties that may contribute contamination are typically iden-
tified. This task, however, is already covered under a previous work task
between the City and CH2M HILL and is in progress. This task, there-
fore, has not been included in the estimate for the environmental audit.
The information generated during this activity, however, will be included
in the summary report for the environmental audit.
Southeast Florida Office HllisOOro Ex..cutlllfl Cent.., North, 800 Fairway Drlva. Suite 350 305.426.4008
D....lfl..ld S..och. Florida 33441 401131. 6665
~,~
I
,
~--jDI,)-21-' e'3 15: 05 I [I: HCR
TEL ~-j[l: 4~"- 400:::: E>:T 3E,
11921 FU3
Mr. Robert Barcinski
Page 2
November 21, 1989
SEF40.30
o Task 4--Site Visit. A visit to the golf course will be conducted to iden-
tify potential sources of contamination such as underground storage tanks,
maintenance areas, or chemical handling facilities.
o Task S..Summary Report. A report will be submitted to the City sum-
marizing the results of the Phase 1 environmental audit.
The Phase 1 environmental audit can be useful in identifying potential problem areas
that mayor may not require remediation. Since no field work or sample analyses are
involved, however, the presence or absence of contamination cannot be evaluated.
CH2M HILL can perform field work or sample analyses if needed.
The estimated costs of the services described here is $1,980, If you prefer, we can
consider this work as an addendum to the February 11, 1988 Agreement for Profes.
sional SelVices between the City of Delray Beach, Florida and CH2M HILL Southeast,
Inc.
We look forward to working with the City of Delray Beach on this project. If you
have any questions, please call me.
Sincerely,
CH2M HILL
lIf\o.J.t... S, fY\. ~
Mark S. Moms, Ph.D., P,E.
Project Manager
dbt012\127.50
cc: Robert Wright Il/CH2M HILL
Jerry Foess/CH2M HILL
r'j[ll'-;;"'2-' :::::'j IC1: 27 I fl: BCF:='
TEL rj[I:4-'--4008 E: :-1 =:t,
t:t.~~::, I--"U..:.'
CH1.f H 1/1 STANDAIID AGREEMENT FOR HAZARDOUS WAS1!' SERVICES
CH2M Hili OFFICE ADDRESS
800 Fairway Drive, Suite 350, Deerfield Beach. Florida 33441
PROJECT NAME Phase 1 Er.vi '-nnmpr,t-~' Al11~i t-
PROJECT NUMBER ",..'" 4 n , n
CLIENT City of D<>lray Beach, Florida
ADDRESS 100 N.W. 1st Avenue, Delray Beach, Florida
CLIENT requ.18 and aUlhort_ CH2M Hili to perform !he following tlIIVleee:
SCOPE: Refer to Ai. tachment A
COMPENSATION by1t1e CLIENT to CH2M Hili to be on 1t1e basIlIot Refer to f,ttachmert A
When compel'18O~on Is on 0 CO$I-relmbursable boss. a seMce charge of 10 percent win be added to Direct Expense,
All sales. use. value added, b~ trana/er, gross receipts, or other $/mllar mel will be added to Engineer's compen:
tlon when Invoicing CLIENT.
OTHER TERMS Attachment B replaces Previsions 9 and 11
Services covered by this Agreement will be pertooned In accordance with the PROVISIONS stated on the back of th~
form and any attachments or $Cheduee. ThIs Agreement supelMdee aU prlor agreements and understandings and m,
only be changed by written amendment executed by both parttes,
Approved for CLIENT
IN
By
litle
)J
Date
Form 4;
PROVISIONS
1. Authorizatlon to PlocMd
Ex~u~on of !his Agr"ment by !he Client w111 be outhori-
zc~on for CH2M HILL to prOCeed w1!h the work. unlea oth-
erw\se proYlded for In !his Agr"ment,
2. Salary C0411
CH2M HILL's Solory Cos~. When !he basis of compensa.
lion. ore !he amount of wages or solones paid CH2M Hill
employees for War\( dlrecMy pertorrneo on Cllent's ProJect
plus 0 percentage applied to 011 such wages or &alarles to
coyer 011 payroll.related taxes, payments. premiums, and
bene~ts,
3. Per Diem Rote,
CH2M HILL's Per Diem Rates, whEon the basis of campen-
saOOn. are !hose hauny or dolly rotas Charged for wor1c
Perlormed on Client., Project by CH2M Hill employees of
!he Indicated CIOSsiflcoHoN. Theile rates ore subject to
annUal calendar year adjustments; InclUde all allow-
ance. for solary. Oyerheads and ree; but do not InclUde
allowances ror Dlr~t Exper'0$9s.
4. Olreet Expen..s
CH2M HILL's Direct Exper'0$9s, wtlen port of !he basis of
compeliSOl1on. ore those costs Incurred on or directly fOf
the Client's ProJect. Including, but not limited to, nee..-
sory tra~porto~on cosls, Including CH2M Hill', Cuolent
rates tOI CH2M HILL v&hlcles; meols and lodging; lobora.
tory tests and anoly:;es: computer services; WOld proc_-
1"'IiI services: telephone. PMn~ng, binding Qnd rllproduc.
tIon charges: all COlts associated w1!h outside COnsult.
ants. SUbcONultants. and o!her outside :;&/VIces and
fOCllltlllS; and o!hllr similar costs. Reimbursement 101 O~ect
ExpeNEls will be on !hll basis of aetual eMarges wMen
tumlsl1ed by commllrclal sources and on !he basis of
currllnt rates wMen tumlshed by CH2M Hill.
S. Cost Opinion,
Any cost opinions 01 ProJect economic evaluations
proYlded by CH2M Hll~ v.;IlI be on 0 basis of llXPllMence
and Judgement. but, since It hes no control over matket
conditiON or bidding procedures. CH2M HILL cannot
warrant !hot bids. ulMmote consfrucMon cost, or Project
economics w111 rot vary from !hese opinions,
6. Termlnotlon
This Agr"ment may be terminated for convenience on
30 days' wnlten notice, or rOf couse. If eltner party 10111
sUbsron~ally 10 pertorm rtlrough no fault 01 rtlll o!her and
does rot commencll correcHon or such nonpertormoncll
witl1ln 5 days of wrltlen no~ce ond diligently complete
Ine correction thereafter. On termlnotlon, CH2M Hill will
be paid lor 011 outnorlzed WOr1c per101T1'\&d up to !he
termlno~on dote plus termlnoHon llxpenseS, such os. but
not limited to, reasslgrment of personn~, subcontract
termlnaHon costs, and related closeout costs. II no nOHce
of term/noHon Is given. relotlonshlpe and ObllgaHons
creotlld by tnls Agr"ment, except Art1cles 8 ttYough 12,
WlII be lermlnoted upon comple~on of 011 applicable reo
qulrements or tl'lls Agreement.
7. Payment to CH2M Hill
MontHy InyoIc.,. w11l be issued by CH2M HILL for all we
performeo unoer ms Agreement, InYOlces ore due or
payable on reclllpt. Interest ot the rote at 1-1/2 perce
per mon!h. or thot pOOTlIHed by law If le_r. will be
charged on 011 posl-QU9 amounts SIOrlfng 30 day. aft.
date 01 Involcll, Pa\lTT1llnls w111 ~r.r be crlldlted to Inter<
and then to pnnclpo!.
a. SeVerability and Survival
It ony Of !he provlsJons contained In tnls Allreement or,
/'1ejd Iliegol,lnvalld Of unenlorceoble. !he entorceoblli'
of !he remaining provll/OI'IS $hall not be ImpOlred the<e
Umltotlons 01 liability and IndemnlHas sholl SUrviYll terrr
OOn of tl'll' Agreement tor any caU$&.
9, Intelpletatlon
The limite f liability and Indem II apply /.,
Whe!her CH2M' SUnder breoch Of
contract or worron . II'Q n&QlIgence (but n
lcue. ca CH2M Hill's sole I ence); strict
, s atutory lIoblllty; or any ortler co ocHon
10. No Third Party I.nellelari"
lhll Agreement gives no lights or bene~1i to anyone 0:
than the Client and ,CH2M Hill and has no !hlrd porty
benenClanes, CH2M HILL &ervlCllS ore denned solely by
ttIiI Agreement, and not by any o!her contract or OgrE
ment1hot may be as.soclated w1th the ProllitCt,
0, 2M Hlll's services sholl be goyerned by!h es
ge . sTandald lor professional seI\lICll'. m asure,
os 0 tlme those services were rend&r
b, CH2M l', liability to !he Client for on couse or
comblno of causes Is. In !he aggr gale.llmltee
on amoUr'! greater !hon the f eomed under
agreement.
c.
d, nght tl'lat II ~. Yolds. or makes L
enlorcllable obllgaMons of lent set forth aDo
AT'l'ACIlHEII'l' 8
CONTRACT ARTICLE FOR PRIVATE CLIENT
aAZAROOUS OR TOXIC WASTE WORK
OWNER recognizes that:
RESPONSIBILITY AND LIABILITY
o ENGINEER is being engaged to render professional
services involving hazardous wastes or materials
for Which. ENGINEER has had no role in generating,
treating, storing, Or diSPOsing.
o ENGINEER has not shared and will not share in any
revenues or prOfits from the Processes producing
those or similar Wastes or materials.
o ENGINEER's services will be compensated largely On
the basis of the time ENGINEER's employees spend
in rendering services and not on the basis of the
legal liabilities created by the risks from the
wastes or materi~.ls.
o Restrictions or eXclUsions in the availability of
professional liability and other insurance for
ENGINEER's services either at present or as reason-
ably COntemplat~d.in the future make it difficult
or impossible (or the ENGINEER or the engineering
prOfession as ~. Whole to apportion risk on this Or
other similar Work by adjustment of tees.
o ENGINEER has not inclUded in its fees substantial
premiums in the natura of reserves for risks.
o In specific consideration of the ENGINEER not
securing (or being unable to secure) insurance to
cover risks arising from this project, the OWNER
agrees to indemnify the ENGINEER as provided in
this COntract.
In consideration of these facts, OWNER and ENGINEER expressly
agree to the fOllOWing as part of the basis of ENGINEER's
bargain:
,
. .
ENGINEER's services shall be governed by the negligence
standard for professional services, measured as of the
time those services are rendered.
2. ENGINEER's liability for all acts, errors, omissions,
or negligence, whether active or paSsive, shall not
eXceed't1m{~<<~XXmte!K for all injuries or losses
from, or related to, any radioactive, ha%ardou~, or
toxic material, Chemical, or Condition. ENGINEER's
'the limIts of SOVereIgn ImmunIty set forth In PIa. Stat ~768.28
0('"01"1111 J f"I "l:,
I
.
"',
"" i .'l~.c)
liability for injuries or losses not described above
shall not exceed in the aggregate $1,000,00 for ?ro-
fessional and in the aggregate $5,000,000 for all other
acts, errors, omissions, or negligence, whether active
or passive.
3. To the extent permitted by law, the OWNER agrees to
defend, indemnify, and hOld ENGINEER harmless from any
claim, liability, or defense cost, Subject to the
limitations set forth in Florida Statutes 5168.28 for
injuries Or losses Sustained or alleged by any person
or entity, not a party to this AGREEMENT, and allegedly
arising out of or related to ENGINEER's performance of
services under this AGREEMENT.
. "" "I
4. As used in this Article, "ENGINEER" inCludes the
ENGINEER, any affiliated corporations, or any of its or
their officers, directors, employees, or agents.
5. The provisions of this Article shall Survive termina-
tion of this AGREEMENT for any cause.
6.
The prOVisions of this Article shall survive termina-
tion of this AGREEMENT or any document incorpOrated
into it Or referenced by it.
7.
The laws of the State of Florida shall govern the validity of this
agreement, with venue in Palm Beach County, Florida.
2