11-22-88 Regular
CITY OF DELRAY BEACH, FLORIDA
REGULAR MEETING - CITY COMMISSION
November 22, 1988
7 P.M.
AGENDA
Commission Chambers
Please be advised that if a person decides to appeal any decision made
by the City Commission with respect to any matter considered at this
meeting or hearing, such persons will need a record of these
proceedings, and for this purpose such persons may need to ensure that
a verbatim record of the proceedings is made, which record includes
the testimony and evidence upon which the appeal is to be based. The
City does not provide or prepare such record.
1. Roll Call.
2. Invocation.
3. Pledge of Allegiance to the Flag.
4. Presentation:
A. Government Finance Officers Association Award
B. Ch2M Hill Status Report - Air Stripping Equipment Installation
PUBLIC HEARINGS
5. ORDINANCE NO. 122-88: An Ordinance amending Chapter 54 "Sewers"
of the Code of Ordinances relative to increasing connection charges.
This item was continued from the October 25th meeting.
6. ORDINANCE NO. 148-88: An Ordinance amending Chapter 101 "Parks,
Beaches and Recreation" of the Code of Ordinances by increasing the
permit fee for storing boats in the area designated on the municipal
beach.
7.
and
for
ORDINANCE NO. 149-88: An Ordinance amending
Boating" of the Code of Ordinances providing for
dockage at the City Marina.
Chapter 92 "Boats
rates and charges
8. ORDINANCE NO. 152-88: An Ordinance
"Utilities Generally; Public Service Tax"
relative to deferred payment plan for water
amending Chapter 50
of the Code of Ordinances
and sewer connection fees.
PROCEDURAL ITEMS
9. Comments and Inquiries on Non-Agenda Items from the Public.
10. Agenda approval.
Action: Motion to approve.
11. Approval of minutes of Regular meetings of October 11, 1988 and
October 25, 1988 and Special meeting of November 1, 1988.
FIRST READINGS
12. ORDINANCE NO. 143-88: An Ordinance amending Title 17
Usage", Chapter 173 "Zoning Code" of the Code of Ordinances to
abandonment of conditional uses previously approved. If passed
Hearing December 13th.
"Land
define
Public
13. ORDINANCE NO. 144-88: An Ordinance amending Chapter 100
"Nuisances" of the Code of Ordinances providing for maintenance of
yards and landscape areas and of exterior building walls. If passed
Public Hearing December 13th.
14. ORDINANCE NO. 151-88: A
a parcel off Federal Highway
Hearing December 13th.
15. ORDINANCE NO. 153-88: An Ordinance amending Chapter 174
"Historic Preservation" of the Code of Ordinances to further clarify
the Code to insure the proper functioning of the Historic Preservation
Board. If passed Public Hearing December 13th.
correcting Ordinance regarding zoning on
from RM-15 back to SC. If passed Public
16. ORDINANCE NO. 154-88: An Ordinance amending Chapter 173 "Zoning
Code" of the Code of Ordinances to provide that decisions of the Board
of Adjustment may be made by a majority vote of those Board of
Adjustment members then present and voting. If passed Public Hearing
December l3h.
17. ORDINANCE NO. 155-88: An Ordinance amending Chapter 36 "Finance,
City Property Transactions" of the Code of Ordinances to provide for
the procedures and requirements for City purchasing in the case of
emergencies. If passed Public Hearing December 13th.
18. ORDINANCE NO. 156-88: An Ordinance designating Marina Historic
District. If passed Public Hearing December 13th.
19. ORDINANCE NO. 157-88: An Ordinance
transcribed portion of the Code dealing
passed Public Hearing December 13th.
correcting an incorrectly
with private streets. If
20. ORDINANCE NO. 158-88: An Ordinance amending the Land Use Plan
for property located at the southeast corner of Miramar and Venetian
Drives, changing zoning from P to MF-15. If passed Public Hearing
December 13th.
21. ORDINANCE NO. 159-88: Land Use Plan Amendment-Large Scale Mixed
Use Overlay Designation. Consider request from developer of Marina
Caye to continue processing an amendment to the City's Land Use Map.
If passed Public Hearing December 13th.
22. ORDINANCE NO. 160-88: This is a Companion Ordinance to the
preceding Land Use Plan Amendment. This Ordinance designates the
Land Use Category "Large Scale Mixed Use" to apply to the Marina Caye
property south of the Swap Shop. If passed Public Hearing December
13th.
23. EMERGENCY ORDINANCE NO. 161-88: An Ordinance amending Ordinance
No. 130-88 relative to Safe Neighborhood Improvement Districts to make
certain technical corrections.
REGULAR AGENDA
24. PRESENTATIONS - DEVELOPMENT 38 ACRES FOR AFFORDABLE HOUSING:
Auburn Trace Joint Venture Group
Briscoe Development Company
Procacci Development Joint Venture
25. LIEN AGREEMENT - DEFERRED PAYMENT PLAN FORM: Approval of form
for agreement between the City and property owners relative to
deferred payment for water and sewer connection fees.
26. INTERGOVERNMENTAL AGREEMENT HOMEWOOD BOULEVARD: Approval of
Intergovernmental Agreement between the City and Palm Beach County
from impact fees for drainage, roadway and sidewalk improvements on
Homewood Boulevard between Lowson and Linton Boulevards.
27. MEDIAN CURBING - HOMEWOOD BOULEVARD: Award contract to R.W.S.
Concrete Services, Inc. in the amount of $32,160 subject to the
Commission waiving the bond requirement. Funding is to come from road
11-22-88
impact fees.
28. LAKE IDA TENNIS FACILITY:
the City and Palm Beach County
architectural contract with Roy
Approval
for the
Simon.
of Lease Agreement between
Lake Ida Tennis Facility and
29. FINAL PLAT - 1410 SOUTH OCEAN BOULEVARD: Reconsideration of
final plat, formerly known as the Cullum annexation.
30. APPOINTMENT - CODE ENFORCEMENT
Dave Bodker as an alternate member
January 14, 1991.
31. APPOINTMENT - CODE ENFORCEMENT BOARD: Consider appointment of
one regular member (Architect) to a term ending January 14, 1989.
BOARD: Consider appointment of
(Architect) to a term ending
32. APPOINTMENTS - DELRAY BEACH HUMAN RELATIONS COMMITTEE: Consider
Commission appointments of two members to terms ending March 15, 1990
and one member to a term ending March 15, 1989.
33. CHRISTMAS BOAT PARADE FIREWORKS: Approval of contribution of
$3,000 to Delray Beach Sunrise Kiwanis to jointly sponsor with Boynton
Beach the fire works display in the Annual Christmas Boat Parade on
December 16th with funding to come from Account 001-4121-512-34.07.
34. DIXIE BOULEVARD IMPROVEMENT CARRYOVER FUNDS:
funding in the amount of 16,805 from lapsed 1987 88
construction of a cul-de-sac at Swinton Avenue and N. E.
Approval of
funds for the
5th Street.
CONSENT AGENDA
35. RESOLUTION NO. 74-88: A Resolution assessing costs for abatement
action required to remove an unsafe building on property at 121 N. W.
1st Avenue.
36. RESOLUTION NO. 75-88: A Resolution assessing costs for abatement
action required to remove an unsafe building on property at 223 S. W.
6th Avenue.
37. RESOLUTION NO. 76-88: A Resolution assessing costs for abatement
action required to remove an unsafe building on property at 107-109 S.
W. 5th Avenue.
38. RESOLUTION NO. 77-88: A Resolution assessing costs for abating
nuisances by removing junked and/or abandoned vehicles from nine
parcels at various locations throughout the City.
39. RESOLUTION NO. 78-88: A Resolution amending Resolution No. 67-88
which abandoned Forest Road to amend the effective date to be December
8, 1988.
40. AMENDMENT TO HOOVER CONTRACT: Approval of Addendum 5 deferring
payments to Hoover Irrigation Corporation for Golf Course irrigation
improvements until a performance payment bond is received.
41. OFFICE SPACE REALLOCATION: Space for use by Assistant City
Manager and Internal Auditor.
42. CONTINENTAL PLAYERS (TENNIS) CUP: Approval of $5,000 payment for
the Continental Players Cup scheduled for December 9-18, 1988.
43. AWARDS OF BIDS AND CONTRACTS:
A. Annual Contract for Water Meters - Suns tate Meter and Supply
- $71,373 with funding to come from Account 441-5161-536-60.87.
B. Police Motorcycles
Contract $19,917
001-2117-521-60.84.
- Honda Kawasaki of Milton - Florida State
with funding to come from Account
11-22-88
C. Scott Air PakS/BottleS/Bench Safety Equipment Company _
$77,673.60 with funding to come from Account 001-2315-526-60.89.
D. Atlantic Avenue Beautification Project Charles s.
Whiteside, Inc. Change Order No.4 - Decrease of $57,739.65 _
Account 333-4141-572-61.19.
44. Comments and Inquiries on Non-Agenda Items:
A. Commission
B. City Attorney
C. City Manager
11-22-88
.
..;"".1.
MEMORANDUM
TO:
MAYOR AND CITY COMMISSIONERS
SUBJECT:
CITY MANAGER
AGENDA REPORT - MEETING OF NOVEMBER 22, 1988
FROM:
DATE:
November 18, 1988
PUBLIC HEARING
Item No. 5 (Ordinance No. 122-88). This is a Second Reading of an
Ordinance amending Chapter 54 "Sewers" of the Code of Ordinances to
reflect increases in connection charge to the City sewage collection
system. This item was continued from your October 25th meeting pending
the development of a system to provide for time payments of connection
charges. That system will be in place as a result of companion item
8, Ordinance 152-88 below. The new rates are $250 for each separate
residential unit or commercial unit where sewer utility lines exist or
$900 for each unit where utility lines are absent.
Recommend approval of Ordinance No.
"Sewers" of the Code of Ordinances.
122-88 amendinq Chapter 54
Item No. 6 (Ordinance No. 148-88). This is a Second Reading of an
Ordinance increasing the permit fees 5% (from $110 to $115.50) for
storing sail boats on a designated area of the municipal beach.
Recommend approval of Ordinance No. 148-88.
Item No. 7 (Ordinance No. 149-88). This is a Second Reading of an
Ordinance increasing rates and charges 5% for various docking, water
and electrical services provided at the City Marina.
Recommend approval of Ordinance No. 149~88.
Item No. 8 (Ordinance No. 152-88) This is a Second Reading of an
Ordinance amending the charges for water and sewer connection fees to
allow existing developed residential property, including enclaves an
opportunity to pay for sewer and water connections over a five year
time span.
Recommend approval of Ordinance
and sewer connection fees to
152-88 amendinq the charqes for water
provide a five year payment schedule.
FIRST READING
Item No. 12 (Ordinance No. 143-88) This is a First Reading of an
Ordinance amending Chapter 173 of the Zoning Code by adding Section
173.852 "Abandonment of Conditional Uses". This section provides that
when a conditional use is discontinued or abandoned for a continuous
period of 180 days, or an intervening use as established, the
conditional use may not be reestablished without a new application.
The Planning and Zoning Board at it's October 17th meeting unanimously
endorsed this proposed amendment.
Recommend approval of Ordinance No. 143-88.
Item No. 13 (Ordinance No. 144-88) This is a First
Ordinance amending Title IX, Chapter 100 of the Code of
adding Section 100.07 to provide for maintenance of yard
areas, and Section 100.08 to provide for maintenance
Reading of an
Ordinances by
and landscape
of exterior
AGENDA REPORT
Meeting of November 22, 1988
building walls.
A detailed memo describing the impact of this Ordinance is enclosed in
your agenda packet.
Recommend approval of Ordinance No. 144-88.
Item No. 14 (Ordinance No. 151-88) This item was continued from
your November 8th meeting. This is an Ordinance amending the zoning
map to correct an inadvertent change which occurred in 1977. A
designation of RM-15 was applied to property adjacent to the Barrton
Apartments on South Federal Highway, without benefit of appropriate
rezoning procedures. The error was noted when the property was
offered for sale. The owner now seeks correction of the zoning map.
Recommend approval of
a 1/2 acre parcel of
Highway, south of S.E.
Ordinance No. 151-88 correcting the zoning on
property located on the east side of Federal
5th Avenue from RM-15 to SC.
Item No. 15 (Ordinance No. 153-88) This is a First Reading of an
Ordinance clarifying several sections of Ordinance 109-88 "Historic
Preservation". Section 174.02 "Undue Economic Hardship" is modified
to ensure undue hardship is considered when considering certificate of
appropriateness (COA) applications, including COA applications for
demolition requested by property owner.
Section 174.30 "Basic Requirements, is modified to provide that the
Board will only review plans, not approve plans, when considering
COAs. Section 173.32, Subsections (B) and (F) "Certificate of
Appropriateness" "Initiation and Procedure", directs COA applications
to the Community Improvement Department instead of Planning and Zoning
and provides that the COA will expire 18 months after issuance if
construction has not commenced, eliminating the 24 month expiration
date if 25% of the improvements have not been constructed.
Section 174.43 "Powers and Duties" Subsection 174.43(f) and
174.54(B)(7) is modified to insure that the Board acts in lieu of the
Board of Adjustment for variances from the Zoning Code and to insure
the Board is empowered to grant relief from the imposition of the sign
code for nonconforming signs which existed at the time the sign code
was enacted.
Section 174.54 "Variances" establishes the statement of criteria
necessary to establish an unnecessary hardship or variance request
based upon maintaining the historic character of a building, structure
of district.
Recommend approval of Ordinance No. 153-88 clarifying the Historic
Preservation Ordinance (109-88)
Item No. 16 (Ordinance No. 154-88) This is a First Reading of an
Ordinance amending Chapter 173, Subsection 173.916(H)(2) "Board of
Adjustment" to provide that decisions of the board may be made by a
simple majority vote. This item was discussed at your "Workshop on
workshops". This change will lower the number of affirmative votes
needed to approve a variance from four to three of five.
Recommend approval of Ordinance No. 154-88.
Item No. 17 (Ordinance No. 155-88) This is a First Reading of an
Ordinance amending Chapter 36 by adding Section 36.08 "Emergency
Purchases". This Ordinance provides the vehicle by which the City
Manager or his designee may make certain emergency purchases in
instances where health, safety, or general welfare of all or a
significant portion of the residents of the City are affected. This
item reflects previous discussion of the Commission concerning an
- 2 -
AGENDA REPORT
Meeting of November 22, 1988
emergency
memorandum
packet.
Recommend approval of Ordinance No. 155-88.
authorization for
summarizing these
sewer
changes
manhole repairs.
is included in
A detailed
your agenda
Item No. 18 (Ordinance No. 156-88) This is a First Reading of an
Ordinance designating the Marina District as an Historic District.
The Marina District is bounded by East Atlantic Avenue on the north;
S.E. 4th Street on the South; the Intracoastal Waterway on the east.
The western boundary is S.E. 7th Avenue from E. Atlantic Avenue, south
to S.E. 1st Street (excluding lots 12 through 21 in block 125), west
on S.E. 1st Street to the alley in the middle of block 118, south
through block 119 and the east half of block 120. The Marina District
is comprised on 51 contributing buildings (built between 1922 and
1943) and 45 non-contributing buildings. A detailed report from the
Historic Preservation Board is enclosed in your agenda packet.
Also included in your agenda packet
Redevelopment Agency, recommending
historic designation for the Marina
is a letter from
reconsideration of
District.
the Community
the proposed
Recommend approval of Ordinance No. 156-88 establishing the Marina
Historic District.
Item No. 19 (Ordinance No. 157-88) This is a First Reading of an
Ordinance amending the Code of Ordinances to correct the definition of
private streets. This item is submitted to correct Subdivision Code
172.03 which was incorrectly transcribed from the old ordinance.
Recommend approval of Ordinance No. 157-88.
Item No. 20 (Ordinance No. 158-88) This is the First Reading of an
Ordinance amending the Land Use Plan Map for property located at
Miramar and Venetian changing the Land Use Plan designation from P to
MF-15. This action is consistent with previous actions taken by the
Commission. Sale of the property and its return to the City's tax
roll will ultimately follow.
Recommend approval of Ordinance No. 158-88 amending the Land Use Plan
designation from P to MF-15.
Item No. 21 (Ordinance No. 159-88) This is a Land Use Plan Amendment
initiated in 1987 to accommodate development of the Marina Caye
project. This ordinance creates a "Large Scale Mixed Use" category to
accommodate development proposed along the Intracoastal Waterway south
of the Swap Shop on Federal Highway. In order to accommodate the
proposal under our present Land Use Plan, it is necessary to add the
category "Large Scale Mixed Use" to the City's Land Use Plan.
At the same time additional discussion is needed to define the
of development to land area which will be allowable under
category. A workshop on this has been scheduled for November
followed by Second Reading of this ordinance December 13th.
Recommend approval of Ordinance No. 159-88.
ratio
this
29th,
Item No. 22 (Ordinance No. 160-88)
previous item. This Ordinance applies
Scale Mixed Use" to the area south of
Marina Caye Project.
This
the
the
is a companion
zoning category
Swap Shop known
to the
"Large
as the
Recommend approval of Ordinance No.
160-88.
Item No.
Ordinance
23 (Emergency
130-88 which
Ordinance No.
authorized
161-88) This Ordinance amends
the creation of the Safe
- 3 -
AGENDA REPORT
Meeting of November 22, 1988
Neighborhood Improvement Districts to bring it into compliance with
requirements of Section 163.506 (l)(C) of the Florida Statutes.
Recommend approval of Emergency Ordinance No. 161-88.
REGULAR AGENDA
Item No. 24 Presentation--Auburn Trace Housing Project. The City
advertised for proposals to construct low to moderate income housing
on 38 acres of City owned property commonly called Auburn Trace. Two
new proposals were received in addition to one previously submitted
for consideration. The proposals are being reviewed by staff and a
recommendation will be made at your Special Meeting November 29th when
action on these proposals can be taken.
The purpose of this agenda item is to allow summary presentations from
the developers to clarify any information submitted and receive
questions from the Commission. Proposals include those from:
Auburn Trace Joint Venture Group
Briscoe Development Company
procacci Development Joint Venture
Recommend consideration of proposals for low to moderate income
housing for subseguent action on November 29th.
Item No. 25 Lien Agreement- Deferred Payment Plan. This is a
companion to Ordinance 152-88 approving a deferred payment plan for
water and sewer connections. This action approves a form developed by
Finance staff and the City Attorney to defer payments on water and
sewer connections over a five year period for new water and sewer
customers. This agreement also provides provisions for accelerated
payment, default, prepayment and cancellation.
Recommend approval of lien agreement for deferred payment of water and
sewer connections for new customers.
Item No. 26 Intergovernmental Agreement- Homewood Boulevard Widening.
Staff had previously submitted an application to Palm Beach County for
use of Fair Share Impact Fees to fund roadway and sidewalk
improvements on Homewood Boulevard. We have received approval for
$200,000 from County Road Impact Fees to facilitate drainage, roadway
and sidewalk improvements. Execution of an intergovernmental
agreement is required.
Recommend execution of intergovernmental agreement between the City
and Palm Beach County.
Item No. 27 Waiver of Bond Requirement and Award of Contract-
Homewood Boulevard Median Curbing. On October 24th, bids were
received for median curbing on Homewood Boulevard. Only one bidder,
RWS Concrete Services, Inc. submitted a bid. The owners of RWS are
unable to obtain the performance bond for this project and because
timing is critical with respect to the landscaping aspects of this
project, staff and the City Attorney recommends waiver of performance
bond requirement and award of bid to RWS. RWS has agreed to allow the
City to defer all payment until the project is completed.
Recommend waiver of performance bond and award of contract to RWS
Concrete Services, Inc.
Item No. 28 Lease Agreement Between the City and Palm Beach County-
Lake Ida Tennis Facility. This item was submitted to Commission for
review at workshop on November 1st. Following that the City Attorney
and Parks and Recreation Director met with representatives from Palm
Beach County to negotiate changes in the lease for the proposed Lake
- 4 -
AGENDA REPORT
Meeting of November 22, 1988
Ida Tennis facility. This agreement includes modifications which
include elimination of the 18 month cancellation clause which had been
a part of the agreement. We now have a 20 year contract with an
agreement for three additional five year periods as long as we
eventually comply with the master plan which calls for construction of
20 tennis courts.
Initially we will be building 16 tennis courts and ancillary support
facilities. Another question the Commission had regarded screening
from 1-95. The County has no problem with the installation of the
screening materials so long as they are "native plants". This means
that the Australian Pine will not be an acceptable variety. Staff is
working on alternate species including Slash Pines and Sea Grape to
provide an alternate screening material.
Recommend
and Palm
facility.
Item No. 29 Final Plat- 1410 South Ocean Boulevard. Mr. William R.
Seach, owner of property located at 1410 South Ocean Boulevard is
requesting approval of a final plat. This item was previously before
the Commission, at which time the plat was denied because one lot was
designated for a duplex. Subsequently the property owner revised the
plat and now requests reconsideration of the denial action.
approval of lease agreement between the City of Delray Beach
Beach County to allow construction of the Lake Ida tennis
The final plat has been resubmitted with changes in place providing
for construction of three single family homes. Staff has approved the
final plat and is recommending that as a precautionary measure, a
rezoning action be initiated changing zoning of this property from RM
to R-1A. This will preclude modifications in future once property is
developed and changes hands.
Recommend Commission (1) rescind
final plat and (3) approved City
from RM to R-1A.
previous denial action, (2) ap~rove
initiated rezoning of this pro erty
Item No. 30 Appointment of One
One alternate architect position
vacant. Dave Bodker, a regular
into that position because of
have an applicant for the vacant
Member to the Code Enforcement Board.
on the Code Enforcement Board is
member, is asking to be transferred
conflicting business obligations. We
regular position.
Recommend approval of appointment of Dave Bodker to the vacant
alternate architect position on the Code Enforcement Board to a term
ending January 14, 1991.
Item No. 31 Appointment of One Member to the Code Enforcement Board.
One regular architect position on the Code Enforcement Board is
vacant. We received one application for this category:
Charles E. Toth.
Recommend approval of appointment of one regular member (architect) to
the Code Enforcement Board to a term ending January 14, 1989.
Item No. 32
Committee.
Committee.
1989. We
included in
Appointment of Three Members to the Human
Three positions are vacant on the Human
Two terms expire March 15, 1990 and one expires
have received four applications, copies of
your packet:
Relations
Relations
March 15,
which are
Robert P. Ferrell
Mary W. Haussermann
Leonard Benard Mitchell
- 5 -
AGENDA REPORT
Meeting of November 22, 1988
Deri Jay Ronis
Recommend a ointment of three members to the Human Relations
Committee to terms ending March 15, 1989 and March 15, 1990.
Item No. 33 Christmas Boat Parade Fireworks. The Delray Beach
Sunrise Kiwanis are requesting a $3,000 contribution for the Christmas
Boat Parade to be held on December 16th. For the past two years
Delray Beach and Boynton have jointly sponsored the fire works display
from the lead boat in the parade. Funding is available in the
Commission's special events budget.
Recommend a roval of $3 000 to the Delra Beach Sunrise Kiwanis for
the Christmas Boat Parade.
Item No. 34 Request for Funding-- Dixie Boulevard Improvements.
Commission previously approved $16,805.00 to fund construction of a
cul-de-sac on Dixie Boulevard. These funds were allocated in the
1987/88 budget. Because delays in construction caused the allocated
funds to lapse, staff is requesting that the $16,805 be appropriated
from the General Fund Lapsed Funds Account for this project.
Recommend a roval
on Dixie Boulevard
Fund Lapsed Funds.
of re uest for $16 805 to facilitate construction
with funds from account 001-2911-519-60.63 General
CONSENT AGENDA
Item No. 35 Resolution No. 74-88. This item is a Resolution
assessing costs for abatement action required to remove an unsafe
building on property at 121 N.W. 1st Avenue. The Resolution sets
forth the actual costs incurred and provides the mechanism to attach a
lien on this property in the event the assessment of $1,753.40 remains
unpaid.
Recommend a roval of Resolution No. 74-88 assessin costs for abatin
an unsafe building within the City.
Item No. 36 Resolution No. 75-88. This item is a Resolution
assessing costs for abatement action required to remove an unsafe
building on property at 223 S.W. 6th Avenue. The Resolution sets
forth the actual costs incurred and provides the mechanism to attach a
lien on this property in the event the assessment of $2,268.50 remains
unpaid.
Recommend a roval of Resolution No. 75-88 assessin costs for abatin
an unsafe bUilding within the City.
Item No. 37 Resolution No. 76-88. This item is a Resolution
assessing costs for abatement action required to remove an unsafe
building on property at 107-109 S.W. 5th Avenue. The Resolution sets
forth the actual costs incurred and provides the mechanism to attach a
lien on this property in the event the assessment of $5,387.80 remains
unpaid.
Recommend a roval of Resolution No. 76-88 assessin costs for abatin
an unsafe building within the City.
Item No. 38 Resolution No. 77-88. This item is a Resolution
assessing costs for abating nuisances by removing junked and/or
abandoned vehicles from nine parcels at various locations throughout
the City. The Resolution sets forth the actual costs incurred and
provides the mechanism to attach liens to property in the event these
- 6 -
AGENDA REPORT
Meeting of November 22, 1988
assessments remain unpaid.
Recommend a roval of Resolution No. 77-88 assessin costs for abatin
nuisances.
Item No. 39 Resolution No. 78-88. This item amends Resolution No.
67-88, which approved an abandonment of Forest Road in the Sherwood
Forest subdivision. The effective date of that Resolution changes
from October 25, 1988 to December 8, 1988.
Recommend approval of Resolution No. 78-88 amending the effective date
of Resolution No. 67-88 from October 25, 1988 to December 8, 1988.
Item No. 40 Amendment to Hoover Irrigation Contract. The City
Commission previously awarded this contract in the amount of
$45,020.00 to Hoover Irrigation Corporation for improvements to the
golf course irrigation system. Because of the changes in insurance
and bonding companies, Hoover Irrigation has been unable to supply us
with a performance bond as required by our contract. Hoover is
however willing to begin working under the contract, with payments
from the City deferred until a suitable performance bond can be
supplied. The City Attorney's office has drafted an amendment to the
Hoover contract for your consideration.
Recommend amendment to a contract
Irrigation Cor oration deferrin a
suitable performance bond is obtained.
Item No. 41 Approval of Office Space Reallocation. This action
authorizes the City Manager to reallocate space presently used for
the City Commission office and reception area. This item follows
consensus at your November 15th workshop meeting. This space is
contemplated for use by the Assistant City Manager and Internal Audit
staff or possibly Management Services Budget and Risk Management
staff.
between the
ments from
City and
the Cit
Hoover
until a
Recommend authorization of
space presentl used for Cit
City Manager to reallocate office
Commission office and rece tion area.
Item No. 42 Request for Funding
Commission budgeted $10,000 towards
now requesting $5,000 of that total.
--Continental Players Cup. The
this event and the organizers are
Recommend approval of the Continental Players Cup reguest for $5,000
of the $10,000 allocated budgeted for the Continental Players Cup.
Item No.
43 AWARD OF BIDS AND CONTRACTS:
A. Annual Contract for Water Meters - Suns tate Meter and Supply
- $71,373 with funding to come from Account 441-5161-536-60.87.
B. Police Motorcycles _
Contract $19,917
001-2117-521-60.84.
Honda Kawasaki of Milton - Florida State
with funding to come from Account
C. Scott Air Paks/Bottles/Bench Safety Equipment Company _
$77,673.60 with funding to come from Account 001-2315-526-60.89.
D. Atlantic Avenue Beautification Project Charles S.
Whiteside, Inc. - Change Order No.4 - Decrease in the amount of
$57,739.65 - Account 333-4141-572-61.19.
- 7 -
~~.....
ORDINANCE NO. l59A-88
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, AMENDING THE TEXT OF THE LAND USE ELEMENT OF THE COMPREHENSIVE
PLAN BY CREATING A LARGE SCALE MIXED USE DEVELOPMENT DESIGNATION, WHICH
LAND USE CATEGORY WILL BE SHOWN ON THE LAND USE PLAN MAP IN AN OVERLAY
MANNER TO IDENTIFY THE LOCATION OF AREAS WHICH MAY BE SUITED FOR SUCH
LARGE SCALE MIXED USE DEVELOPMENT; PROVIDING FOR A DEFINITION AND
CRITERIA; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING
CLAUSE; PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
section 1. That the text of the Large Scale Mixed Use Development
is as follows:
The general development philosophy of the City of Delray Beach is to
maintain a village-like community. However, in certain locations it is
necessary to accommodate a more intensive scale of development in order
to achieve redevelopment or the arresting of decaying and/or blighted
areas. The application of the "Large Scale Mixed Use" land use
designation on certain properties provides one avenue for achieving
this need.
The "Large Scale Mixed Use" designation shall be shown on the Land Use
Map in the following manner:
its outer perimeter shall be clearly delineated and shall
include ,as applicable. such features as waterways,
waterbodies, property lines, and major streets;
it shall be an overlay which is imposed upon the underlying
land use designations;
the legend
manner in
pursued.
shall refer to the Land Use Element text for the
which development within the designation is
The "Large Scale Mixed Use" concept is defined and pursued as follows:
it includes the horizontal and/or vertical relationship of
office, retail, residential, service, and recreational land
uses (or any combination there of) within a single, unified
development;
it shall generally be in excess of ten contiguous acres;
the actual development shall be processed and approved
through the City's Special Activities District (SAD> zoning
designation. At the time that SAD zon~ng is sought, a
determination of consistency with other relevant aspects of
The Comprehensive Plan must be made along with establishment
of the mix and intensity of land uses;
in order to assist the city in making a determination
relative to intensity of use, at a minimum, the following
items must be presented with the SAD zoning petition;
a traffic impact study;
a water demand and sewer impact study;
an economic feasibility study for the proiect;
an adiacent property impact study. said study to address
physical relationships. as exoressed throuqh desiqn
features e. q. heiqht. bulk. view corridors. shadows.
etc.. of the proiect to adiacent properties: it shall
also address the impact upon nearbY communitv landmarks
and desiqn features. if anv.
/'
/
/
in order to determine the mix and maximum intensity of use,
the fOllowing shall be observed:
the land Uses which are allowed, for the oroiect. shall
be the same as shown as the Underlying or base land
uses, 0 the and area encom assed within the over II
proiect boundaries, on the Land Use Map;
the mix and maximum intensitv shall be established by
the following approach;
A....l
an Use Ian desi nation
Commercial shall ermit the followin t
Uses: office. retail. and service.
of C
es of
of that
shall be
the
the
land Use Ian
.986. The
be the maximum amount
foot a e devoted to
!h.l the ro ortion and maximum number of residential
units of that art of the LSMU ~roiect to be
Residential shall be determined as follows:
**For the SF sin Ie famil desi nation on the Land Use Ma the number
shall be 5.
the number obtained in B 1
obtained in B
and the resul tin nUmber
the maximum number 0 residential units. If the
number obta'ned esults i a fractional unit suc
as 95 u its then if the f act'on is .5 or hi her
't shall be rounded to the next hi hest number i.e.
96 if the f action is .4 or lower it shall be
rounded to the next lowest number i.e. 95.
c.) mix the land Uses in a ratio consistent with the
maximums as determined above; for example if the
maxi um commercial had been determined to be
150 000 s are feet and the maximum residential
nUmber of un'ts had been determined to be 100 then
if eit er the commercial or residential com onent
of t e LS is educed below the maximum the other
com one t of the ro . ect must also be redUced so
that the rela ive relationshi of one tyte of Use
to the other is approximate I;'; maintained i. e. in
this examole the relationshi would be maintained
in the fOllowinq reductions:
75,000 sq. ft. of commercial would permit the
proiect to have 50 residential units,
50,000 sq. ft. of commercial would oermit the
Proiect to have 33 residential units, etc.
/'
'.
the program for bUild-out (phasing), if any,
shall be included in the SAD petition and
shall re uire that each hase of the
develo me t be com leted an a roximate
ro ortion to the maximum Uses ratio set forth
above. However. as a part of the SAD
apPlication alternatives to the above a roach
may be proposed and approved.
lhl As an alternative the mix of land Uses ma be
established b the followin a roach called the
"traditional a roach". Utilization of this method
shall be soleI at the 0 tion of the a licant not
the ci t i. e. the a~~l icant can al wa s Use the
approach outlined in A'L and B.l above.
1. show on
see if the
for each of
under then
conditions
In the event that property owners choose not to proceed under the
"Large Scale MiXed Use" deSignation, development shall be consistent
with the Underlying or base land Use designations as delineated on the
Land Use Map.
2. mix the commercial and or office and or service
floor area from the commercial site Ian with the
unit count from the residential site Ian and
desi n an inte rated Use mixed Use over the
entire site:
The designation of "Large Scale Mixed Use" does not require the City to
ultimately approve such a project. If, after review of the SAD zoning
petition, accOmpanying materials, and assessment of the project against
other aspects of the Comprehensive Plan and good zoning principles, it
is determined that the proposed project is not in the Overall best
interests of the City, it may be rejected and development shall proceed
per the Underlying or base land Use designations.
Section 2. That the Planning Director of the City of Delray Beach
shall, upon the effective date of this ordinance, amend the text of the
Land Use Plan Element of Delray Beach, FLorida, to conform with the
provisions hereof.
Section 3. That all ordinances or parts of ordinances in conflict
herewith be, and the same are hereby repealed.
Section 4. That should any section or provision of this ordinance
or any portion thereof, any paragraph, sentence, or word be declared by
a Court of competent jurisdiction to be invalid, such decision shall
not affect the validity of the remainder hereof as a whole or part
thereof other than the part declared to be invalid.
Section 5. That this ordiance shall become effective ten days after
passage on second and final reading.
PASSED AND ADOPTED in special session on second and final reading
on this the day of , 1988.
ATTEST:
City Clerk
MAYOR
First Reading November 22. 1988
Second Reading
~- Engineers
- Planners
reIJ1lJI!J Economists
~ Scientists
i\.t(EiVEll
NUV 17 1988
cm MA/li,Gf.RS OFFICI:
November 15, 1988
SEF24708.A7
Mr. Walter O. Barry
City Manager
100 N.W. 1st Avenue
Dleray Beach, Florida 33444
Subject: Progress on Water Treatment System Construction
Dear Mr. Barry:
CH2M HILL would be pleased to report to the City Commission
progress on the installation of air stripping equipment for
the removal of organic chemical contaminants from 20-Series
well field water. If there is an opportunity to be placed
on the schedule of the November 22, 1988, Commission meeting,
we would be available to spend a few minutes providing
details on the status of the project.
The current schedule is for substantial completion of system
construction on December 15, 1988, based on November 20th
delivery of the last major equipment items. Testing will
begin during the last week in November. System startup will
occur during the third week in December.
We appreciate our continued good working relationship with
the Commission and City staff on this important project.
Very trul
~
RObeJ J.
ight II
Project Ma ager
DBT119/018
cc: Herbert W. A. Thiele, City Attorney
Gregory T. McIntyre, CH2M HILL
CH2M HILL Southeast Florida Office Hillsboro Executive Center North. 800 Fairway Drive. Suite 350 305.426.4008
Deerfield Beach. Florida 33441 407.737,6665
LfB
,
I
ORDINANCE NO. 122-88
-~ ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF. DELRAY BEACH, FLORIDA, AMENDING TITLE 5,
"PUBLIC WORKS", CHAPTER 54, "SEWERS", "RATES AND
CHARGES", SECTION 54.31, "CONNECTION CHARGES;
EXCEPTION", OF THE CODE OF ORDINANCES OF THE CITY
OF DELRAY BEACH, FLORIDA, BY REPEALING, SUBSEC-
TION 54.31(A)(1), "CONNECTION CHARGES", AND
ENACTING A NEW SUBSECTION 54.31(A) (1), "CONNEC-
TION CHARGES", TO PROVIDE FOR INCREASED
CONNECTION CHARGES FOR RESIDENTIAL AND NON-
RESIDENTIAL UNITS; 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 5, "Public Works", Chapter 54,
"Sewers", "Rates and Charges", Section 54.31, "Connection Charges;
Exception", subsection 54. 31(A) (1), "Connection Charges", is hereby
repealed in its entirety and new subsection 54.31(A)(1), "Connection
Charges", is hereby enacted to read as follows:
Section 51.31. Connection Charges; Exception.
(A) Connection Charges.
( 1) In addition to the rates set forth in Section
54.32, there is established a sewer connection
charge for each connection to the City sewage
collection system. The sewer connection charge
shall be the actual cost, which has been deter-
mined by the Director of Public: Utili ties to be
two hundred fifty dollars ($250) for each sepa-
rate residential unit or commercial unit where
sewer lateral lines exist or eight hundred fifty
dollars ($850) for each separate residential unit
or commercial unit where sewer lateral lines are
absent. Where two or more families are living in
the same premises, each shall be considered to be
a separate residential dwelling unit. In apart-
ment buildings, condominiums, cooperatives,
duplexes, resort dwelling unit complexes, motels
or hotels, and the like and for each trailer
space in a trailer park, each living unit shall
be considered a separate residential dwelling
unit or separate commercial unit.
Section 2. That all ordinances or parts of ordinances
which are in conflict herewith are hereby repealed.
Section 3. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court of competent juriSdiction to be invalid, such
~
.'
\
,
I
~
ORDINANCE NO. 148-88
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH. FLORIDA. AMENDING
CHAPTER 101. "PARKS, BEACHES. AND RECREA-
TION". SECTION 101. 35, "STORING BOATS".
SUBSECTION (Fl, OF THE CODE OF ORDINANCES OF
THE CITY OF DELRAY BEACH, FLORIDA. BY IN-
CREASING THE PERMIT FEE FOR STORING BOATS IN
THE AREA DESIGNATED ON THE MUNICIPAL BEACH;
PROVIDING A GENERAL REPEALER CLAUSE; PROVID-
ING A SAVING CLAUSE; PROVIDING AN EFFECTIVE
DATE.
NOW, THEREFORE. BE IT ORDAINED BY THE CITY COMMISSION
~F THE CITY OF DELRAY BEACH. FLORIDA. AS FOLLOWS:
.'
Sect 1 on 1. That Chapter 101. "Parks. Beaches, and
Recreation", Section 101. 35. "Storing Boats". Subsection (F). of
the Code of Ordinances of the City of Delray Beach, Florida. be,
and the same is hereby amended to read as follows:
(F)
The permit fee to
application shall
fifteen dollars
($115.501.
be submitted with the
be 'U:r,1I one hundred
and fifty cents
Section 2. That all ordinances or parts of ordinances
in conflict herewith be. and the same are hereby repealed.
j
j
Section 3. That should any section or provision of
this ordinance or any portion thereof, any paragraph. sentence.
or word be declared by a Court of competent jurisdiction to be
invalid. such decision shall not affect the validity of the
remainder hereof as a whole or part thereof other than the part
declared to be invalid.
-J
Section 4. That this ordinance shall become effective
immediately upon passage on second and final reading,
PASSED AND ADOPTED in regular session on second and
final reading on this the day of . 1988.
J
j
MAY 0 R
j
ATTEST:
J
j
j
City Clerk
First Readinli
Second Readinll
to
t:
ORDINANCE NO.' 149-88
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH. FLORIDA, AMENDING
CHAPTER 92, "BOATS AND BOATING", OF THE CODE
OF ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA. BY AMENDING SECTION 92.33. "DOCKAGE
RATES". PROVIDING FOR RATES AND CHARGES FOR
DOCKAGE AT THE CITY MARINA; 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
City of
to read
Section 1 That Chapter
92, 33, "Dockage Rates", of the
Delray Beach, Florida, be, and
as follows:
92, "Boats and Boating",
Code of Ordinances of the
the same is hereby amended
Section 92.33 DOCKAGE RATES
.
(A)
Schedule. The rates for dockage at
marina shall be in accordance with the
schedule:
the city
following
(11 Day-to-day dockage, per foot per day, without
regard to whether or not people may be living
on board or not, Sllal Sl.43.
(2) Monthly contracts.
(a) Of less than four months' duration:
1. Dock use only, per foot per day,
'/'1f11 Sl.27.
2. If boat will require electrical or
water service. per foot per day,
Sl7rJ; Sl 31.
(b) Monthly contract renewals are subject to
Sl100.00 deposits.
(31 Monthly contracts.
-'
(al Of four months' duration or longer:
1.
Dock Ilse only, per foot per day,
$.22.
-.
2. People living on board during
dockage, with 110-volt hOokup, per
foot per day, '/'l'1 $.26.
3. People living on board during
dockage with 220-volt hookup. per
foot per day. '/'lfll Sl.?7.
(b) A monthly contract of four months'
duration or longer requires first and
last months' rental in advance.
(4\
Minimum per day. The rates set forth
shall be calculated based on the
length of a boat: however, there is
lished a minimum charge per day for
category based on an assumed length
feet.
above
actual
es ta b-
each
of 35
1
.
(
I
-'.""
"
(B) Services included for persons living aboard. Upon
payment of the proper fees set forth above,
persons living aboard while docked in the city
marina will be furnished. at no additional charge,
electricity, water, garbage collection, and shower
facilities,
(C) Due date; penalty for delinquency, All rental
fees must be received by the '~t.t tenth df each
month. $~.ie.I'~t/~~~i~/t~ete/.telte_t.l.II~R~.Xd
~1/t~e/teRt~I/~'lt~ell~~Rt~/.tell.~~leitlt~/I~eXRg
le..e~/I.tllt~ell'~t.t/I~'lltWell'~ll~~~Rgll~9R~W/
Further. a $25.00 late fee shall be imposed for
those payments not postmarked by the tenth of each
month. .
Section 2. That all ordinances or parts of ordinances
in conflict herewith be. and the same are hereby repealed.
Section 3. That should any section or provision of
this ordinance or any portion thereof. any paragraph, sentence.
or wo~d be declared by a Court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the
remainder hereof as a whole or part thereof other than the part
declared to be invalid.
Section 4. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and
final reading on this the day of , 1988.
M'AYOR
ATTEST:
City Clerk
j
First Reading
Second Reading
.
.,
- 2 -
Ord. No. 149-88
.t
,leclsion shall not effect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 4. That this ordinance shall become effective
immediately upon its passage on second and final reading.
PJl.SSED 1.ND ADOPTED in regular session on second and final
reading on this day of , 1988.
MAYOR
ATTEST:
City Clerk
Fi.rst Reading
Second Reading
2
OAD. NO. 122-88
ORDWANCE NO. 152-88
AN ORDINANCE OF THP. CrTi' COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING TITLE 5 "PUBLIC
WORKS," CHAPTER 50 "UTILITIES GENERALLY; PUBLIC
SERVICE TAX" OF THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BFAOi BY ENACTING A NEW SECTION 50.03 "DEFERRED
PAYMENT PIAN" ESTABLISHrNG A DE:F'ERRED PAYHENT PIAN FOR
WATER AND/OR SEWER CONNECTION CHARGES, METER
INSTALLATION CHARGES, AND TRANSMISSION AND STORAGE
PEES IMPOSED ON CERTAIN NEW RESIDENTIAL a/STOKERS
RESIDING ON EXISTING DEVEI.oPED PROPERTY; PROVIDING FOR
AND MAKING FINDINGS AS TO THE NECESSITY OF CREATING A
SEPARATE ClASS FOR SUCH RESIDEm'IAL CUSTOMERS; PROVID-
ING FOR THE COLLECTION OF IN1'E:REsT ON EAOi INSTALUlENT
PAYMENT TJNDER THE DEFERRED PAYMENT PLAN IN AMOUNTS
SUFFICIENT TO COVER ANY DEFAULTS OF PAYMENT UNDER THE
DEFERRED PAYMENT PIAN; PROVIDING FOR 0'lliER USE OF SUO!
COLLECTED INTEREsT; PROVIDING 'nIAT 'lHE CITY SHALL NOT
APPROPRIATE MONEYS FROM ANY OF THE CITY'S GENERAL
FUNDS TO PROVIDE FOR DEFICIENCIES CAUSED BY DEI.lNQlJEm'
PAYMENTS UNDER THE DEFERRED PAYMENT PLAN; PROVIDING
THAT SUCH DXP'E:RR.ED 0iARGES AN!) FEEs SHALL BECOKE ~_
DlATELi' DUE AND PAYABlE Ul'ON 'llfE TRANSFER OF '1'ITIB OF
THE RESIOENTIAL DWELLING IJNIT; PROVIDING FOR THE IMro-
SITION OF LIENS TO 'SECURE PAYMENT OF THE I)EFER.!>.,EO
CHARGES AND FEES; PROVIDING FOR THE DISCONNECTION OF
WATER SERVICE IN THE EVENT OF A FAIWRE TO MAl<E PAY_
MENT UNDER THE DEFERRED PAYMENT PLAN; SETTING FORTll
THE PAYMENT PROVISIONS UNDER THE DEFERRED PAYMENT
PLAN; AMENDING PARAGRAPH C OF SECTION ~2.J5
"TRANSMISSION AND STORACE FEES"; PROVIDING FOR A
SAVINGS CLAUSE; AND PROVIDING FOR AN J:;r!'~l'lVE DA'l'E.
WHEREAs, the City of Delray Beach, Florida (the "City"), pursu-
ant to Article VIII, Section 2, of the Florida Conotitution, and Chapter
166, Florida Statutes, as amended and supplemented, the City Charter and
other applicable proyisions of law, acting through its Public Utilities
DEopartl!l&nt, owns and operates a water and sewer system (the "Combined
Public Utility") for the purpose of providing water and sewer service to
the City residents; and
WHEREAS, oertain residents residing on eXisting developed resi.
dential property within the corporate limits of the City whiCh have exist-
ing Wells and/or septic tanks, must be, or request to be, connected to the
Combined PUblic Utility (such residents are herein referred to 4S
"Developed Unseryed Residential Customers"); and
WHEREAS, the Developed UnserVed Residential Customers are
uniquely situated, in that in many cases they will have to bear the cost
of capping their existing wells and/or removing or refilling their exist.
ing septic tank systems (collectively referred to as the "Private
Systems"), in addition to paying' the required Connection Char<J8Sl, Meter
Installation Charges, and Transmission and Storage Fees in order to con-
nect to the COmbined Public Utility; and
WHEREAS, by virtue of cQnnecting to thEI Combined Public
Utility, all or a part of the Priyate Systems of the DeVeloped Unserved
Residential Customers will be without any Value to such customers; and
<g
..---..- ----._-_._--~-. --. -----~--
WHEREAS, in order to further the health, welfare and safety of
the City residents by providing safe potable water and sewage disposal,
and in recognition that the Developed Unserved Residential CustomQrs are
uniquely situated as described above, the city Commission of the City of
Delray Beach (the "City Commission") hereby finds it necessary and in the
best interest of the City that, for the pUrpose of payinq the Water and/or
Sewer Connection Charges, Meter Installation Charges, and Transmission and
Storage Fees required to be paid prior to connection to the COmbined
Public Utility, the City shall treat the Deyeloped Unserved Residential
Customers as a separate class, as authorized by the City's Water and Sewer
Refunding Revenue Bond Resolution No. 36-88, as amended, supplemented and
re61tated; and
WHEREAS, in order to alleviate the potential financial burden
many Developed Unserved Residential Customers may be forced to face by
connecting to the Combined Public utility, the City CommisSion hereby
finds that it is in the best interest of the City to encourage full pay-
ment of the charges and fees by hereby electing to offer to the Developed
Unserved Residential Customers a deferred payment plan for such charges
and fees (the "Deferred Payment Plan"); and
WHEREAS, in order to avoid any cost to the city by offering the
Deferred Payment Plan, it will be necessary for the city to impose an
interest or finance charge on each deferred payment; and
WHEREAS, such interest on finance charges collected shall be
deposited in an appropriate account, as shall be datenllined by subQaquetnt
proceeding of the City Commission, to provide a reserve for the benefit of
the Combined Public Utility in the event a Developed Unsetved Residential
Customer fails to make timely payment under the Deferred Payment Plan; and
WHEREAS, in addition to providing for defaults under the
Deferred Payment Plan, the moneys collected from such interest and finance
charges may be used for any lawful purpose in connection with the Combined
PUblic Utility, as shall be determined by subsequent proceeding of the
City Commission; and
WHEREAs, the City Commission hereby finds that the City shall
not appropriate moneys from any of the City's general funds to provide for
any deficiencies caused by delinquent payment under the Deferred Payment
Plan I and
WHEREAS, the City Commission finds that it is in the best
interest of the City to provide for the payment of all deferred Water
and/or Sewer Connection Charges, Meter Installation Charges, and
Transmission and Storage Fees upon the transfer of title of the
Residential Dwelling Unit (as such term is defined in Chapter S2 of the
City of Delray Beach Code of Ordinances (the "COde")) of a Developed
Unserved Residential Customer; and
WHEREAs, the City proposes to impose liens on the Residential
Dwelling Units SUbject to the Deferred Payment Plan to secure the payment
of the Water and/or Sewer Connection Charges, Meter Installation Charges,
and Transmission and Storage Fees deferred pursuant to Such plan; and
WHEREAS, this Ordinance is intended to establish a Deferred
Payment Plan for which only Developed UnserYed ResidE.ntial CUstomers of
the Combined PUblic utility may now or in the future partiCipate: and
-2-
Ord, No. 152-88
I<
WHERE~S, any term not otherwise defined in this Ordinance shall
haYe the meaning ascribed to such term in the Code: and
WHEREAS, the provision of paragraph c, Section 52,35 of the
Code shall be amended to reflect the ayailability of the Deferred Payment
Plan to Developed Unserved Residential Customers; and
WHEREAS, the City's Finance Department and Public Utility
Department are hereby instructed to implement the Deferr.ed Payment Plan in
accordance with the prOVisions of this Ordinance.
NOW, 'rHEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, M; FOl.oWWS:
~ECTION..L.. Th,,-i. Chapter 50 "Utilities Generally; PUblic
Services Tax" is hereby amended by enacting a new Section 50.03 "Deferred
Payment Plan" to l.~d as follows:
(a) It is the intent of this Section to establish a deferred
payment plan WhQreby certain residents residing on existing residentially
developed property within the corporate limits of thE! City, which have
eXisting wells and/or septic tanks who are either required to connect to
the Combined Public Utility or elect to have water alld/or sewer service
provided by the Combined PUblic Utility (herein ~uch residents are
referred to as the "Deyeloped Unserved ReSidential Customers"), who exist
now or will exist in the future while this plan is in effect, are, Subject
to the provisions of this section, offered the option to pay the required
Water and/or Sewer Connection Charges imposed pursuant to Section 52.31
and/or S4.31 of the COde, Meter Installation Charges, imposed pursuant to
Section 52.32 of the COde, and Transmission and Storage Fees imposed pur-
suant to Section 52.35 of the Code.
(b) This deferred payment plan shall not constitute an indebted-
ness of the City within the meaning of any Constitutional, statutory or
other provision or limitation. No moneys from any of the City's general
fund shall be enCumbered, appropriated or used in Any fashion to subsidize
or make up for any deficiency Under this deferred payment plan.
(c) At the time a Developed Unseryod ~es1d~nt1al Customer is
required to pay the appropriate Water and/or Sewer Connection Charges,
Meter Installation Charges, and Transmission and Stol~age Fees, he will
have the option of electing to pay all or any part of such Connection
Charges, Meter Installation Charges, and TransmiSSion and storage Fees
over a sixty (60) month period with sixty (60) equal payments, the first
installment beginning in the calendar month the first dsferred installment
payment appears on the customer's utility bill. Such deferred installment
payment will be due and payable at the same time other amounts appearing
on the customer's utility bill are due and payable. Interest shall be
charged on the amount deferred payable with each monthly installment pay-
ment at a rate which initially shall be the lesser of the legal rate per-
mitted by law or eighteen per centum (18%) per annum simple interest,
(d) The City res.rYes the right to increu:e or decrease the
interest rate under this deferred payment plan, depending on certain fac-
tors inClUding, but not limited to, the nUmber of pllrticipants in the
plan, the rate of prepayment and delinquencies., Any increase would be
applicable only to new customers partiCipating in the plan.
-3-
Ord. No. 152-88
(e) Each Developed Unserved Residential Customer shall have the
option to prepay the remaining principal balance ot the deferred charges
and fees in full at any time. Partial prepayments shall not be
permitted.
(f) If all or any part of the Residential Dwelling Unit of the
Developed Unserved Residential CUstomer or an interest therein is sold or
transferred, excluding (a) the creation of a first or second mortgage
lien: (b) a transfer by devise, descent or by operation of law upon the
. death of a joint tenant, or (c) the grant of any leasehold intereet of
three (3) years or less not containing an option to purchase, the City
may, at the City's option, declare the full principal balance, plus
accrued interest due and owing under this deferred payment plan, to be
immediately due and payable.
(g) A Developed Unserved Residential customel' may elect to par-
ticipate in this deferred payment plan by executing a utility billing
paying agreement in a form approved by the City ComrnisHion. Upon GXecut-
ing such agreement and paying the required deposit for water and/or sewer
service, the Developed Unserved Residential CUstomer will be connected to
the Combined Public utility. Until all deferred Water and/or Sewer
Connection Charges, Meter Installation Charges, and Transmission and
Storage Fees are paid in full, together with accrued interest to date of
payment, the City shall record and maintain with the Clerk of the Circuit
Court in and for Palm Beach County, Florida, a lien against the
Residential Dwelling Unit. The utility billin'ij paying agreement shall
clearly state/ among other particulars, the terms of such deferred payment
including the actual rate of interest, that a lien will be recorded
against' the ReGidential Dwelling Unit, and that, in the event of a default
under the agreement, the City will enforce such lien in the manner permit-
ted by law. The Water and/or Sewer Connection Char'ijes, Meter Installation
Charges, and Transmission and Storage Fees in eftect at the time a
Developed Unserved Residential Customer elects to participate in this
deferred payment plan shall be the applicable chargell and fees payable
under the plan.
(h) In the event that any Developed Unserved Residential
Customer shall fail to make payment under the deferred payment plan when
such payment is due, the City, upon eighteen (lS) clays prior written
notice shall have the right to terminate water service in accordance ~'ith
Section 52.51 of the Code.
~~.G1'IO)'L!!~ That paragraph C of Section 52.35 "Transmission and
storage Fees" is hereby amended to read as follows:
Subject to the applicability of Section 50.03, any transmission
fee or storage fee for a given residential dwelling unit or its
equivalent required under this section shall be paid in full
prior to the issuance of any authorization to connect to the
city's water system.
SECTION 3. That, should any section or provision of this
Ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such decision
shall not affect the validity of the remainder thereof as a Whole or part
thereof other than the part declared to be invalid.
-4-
Ord. No. 152-88
--------- -- ---, -_._----~
SECTION 4. That this Ordinance shall become effective after its
passage on second and final reading, and the deferred payment plan set
forth in Section 1 shall be applicable to all applicable customers con-
necting to the Combined PUblic Utility on or atter October 1, 19S8.
PASSED AND ADOPTED in regular session on second and final read-
ing on this ____ day of November, 1988.
CITY OF DELRAY BEACH, FLORIDA
ATTEST:
By:
Mayor
City Clerk
First Reading
Second Reading
-5-
Ord. No. 152-88
..
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ORDINANCE NO. 143-88
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH. FLORIDA. AMENDING TITLE
17. '"LAND USAGE". CHAPTER 173. "ZONING CODE".
OF THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH. FLORIDA. BY ENACTING A NEW
SECTION 173.852. "ABANDONMENT OF CONDITIONAL
USES". TO PROVIDE FOR THE ELIMINATION OF
CONDITIONAL USE APPROVAL; PROVIDING A
REPEALER CLAUSE; PROVIDING A SAVING CLAUSE;
AND PROVIDING AN EFFECTIVE DATE.
NOW. THEREFORE. BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF DEL RAY BEACH. FLORIDA, AS FOLLOWS:
S"ct.jon 1. That. Title 17. "Land Usag",", Chapt",r 173,
'"Zoning Code". of the Cod", of Ordinanc",s of the City of D",lray
B",ach. Florida, b",. and the sam", is hereby am",nded by enacting a
new Section 17.3.852. .. Abandonment of Conditional Us",s" to r",ad as
follows:
Se('. 173. 852 Aband.QllJD.tll.L_Qf.~.Q1lditjonal U~
(A) When a conditional use is discontinued or abandoned for
a continuous p",riod of 180 days. or an intervening us", is
",stablished. the conditional use may not be reestablished without
a new application for said conditional use b",ing filed, reviewed
and approv",d pursuant to Sections 173.845-173,851 of the Cod", of
Ordinances of the City of D"'lray Beach. Florida.
(B) A conditional us", shall not be consid",red to hav", b",en
abandoned or discontinu",d during th", pendency of the developm",nt
of th", us", pursuant to the tim", limitations imposed by Section
173.849 of the Cod",.
which are
rep",al",d.
Section 2. That all ordinanc",s or parts of
in conflict h",rewith be and th", same
ordinances
are h",reby
j
S"'<"'tion 3. That should any s",ction or provision
this ordinanc", or any portion thereof. any paragraph, sentence
word be d",clared by a Court of compet",nt jurisdiction to
invalid. such decision shall not affect th", validity of
remaind",r h",reof as a whole or part thereof other than the
declared to be invalid.
of
or
be
th",
part
.
S",ction 4. That this ordinance shall b",come effective
ten (10) days after its passage on second and final reading,
PASSED AND ADOPTED in
final reading on this the
regular session
day of
on second and
, 1988.
MAY 0 R
ATTEST:
City Cl",rk
First Reading
Second Reading
,"V'
C I T Y
COM MIS S ION
DOC U MEN TAT ION
TO:
WALTER O. BARRY, CITY MANAGER
Q~K1d<?~R
DEPARTMENT OF PLANNING AND ZONING
FROM:
SUBJECT:
MEETING OF NOVEMBER 22, 1988
AGENDA ITEM
ZONING CODE AMENDMENT REGARDING ABANDONMENT OF A
CONDITIONAL USE -- FIRST READING OF ORDINANCE 143-88
ACTION REQUESTED OF THE COMMISSION:
The action requested of the Commission is that of
first reading of an ordinance which amends the zoning
code.
This text amendment provides for the abandonment of
conditional uses which have been established and then
which cease use for a specified period of time.
BACKGROUND:
Attached is a Planning and Zoning Board Memorandum Staff Report
which provides background, opinions from the City Attorney, an
assessment of implications, and the structure of the proposed
amendment. The text of the amendment has been prepared by the
City Attorney's Office.
The proposed
administrative
issues.
amendment formalizes
practice in the
what has been the standard
handling of conditional use
Planning and
October 17,
endorsed the
Zoninq Board Recommendation: At its
1988, the Planning and Zoning Board
proposed amendment.
meeting of
unanimously
12-
To: Walter o. Barry, City Manager
Re: Zoning Code Amendment Regarding Abandonment of a Conditional
Use - First Reading of Ordinance 143-88
RECOMMENDED ACTION:
By motion: Approve Ordinance 143-88 on first reading and a set
public hearing date for December 13, 1988.
Attachment: - P&Z Memo Staff Report for October 17, 1988
- Ordinance 143-88 (By Others)
REF/DJK#33/tp/A:CCOND.TXT
MEMORANDUM
S T A F F
R E P 0 R T
TO:
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH
CJoU1jXcu~
DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
FROM:
SUBJECT: AGENDA ITEM VI.A
REGULAR MEETING OF OCTOBER 17, 1988
TEXT AMENDMENT RE ABANDONMENT OF A CONDITIONAL USE
ITEM BEFORE THE BOARD:
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The action requested of the Board is that of making a
recommendation regarding a text amendment to the zoning
code.
The text amendment is to provide for the abandonment of
conditional uses which have been established and then which
cease use for a specified periOd of time.
BACKGROUND:
Attached is a letter from the City Attorney' Office regarding
reestablishment of a conditional use. The case involved Ray's
Tires (a/k/a Apex Tires) located on the N.W. corner of S.E. 1st
Street and S.W. 6th Avenue (Federal Highway and the one-way
pair). In short, the determination is that once a conditional
use is established it may not only continue but it may be
terminated and then reestablished as would a permitted use.
This determination is based upon Code Section 173.831, to wit:
USES ALLOWED AS CONDITIONAL USES: Any use which is allowed
as a conditional use in a zoning district under the terms of
this chapter shall not be deemed a nonconforming use in such
a zoning district, but shall without further action be
considered a conforming use.
The determination made by the City Attorney does not coincide
with application of "nonconforming use" regulations which have
routinely been applied by the Planning and Zoning staff, i.e.. if
-sa. I
To: Planning and Zoning Board
Re: Text Amendment Regarding Abandonment of a Conditional Use
Agenda Item ~
Page 2
a "conditional use" had been vacated/abandoned and wished to be
reestablished, we have advised that an application would need to
be made and would be processed as if the conditional use were
first being established, i.e treating of an abandoned conditional
use as a nonconforming use.
Implications: Besides the specific situation cited in the City
Attorney's memo, another situation which illustrates its current
application is that of Wallace Nissan. The conditional use of an
automobile dealership was abandoned in April, 1988. Under the
current determination, another dealership may enter the property
without upgrading the property if, in fact, he made no changes
at all (changes would require approval as a modification to a
conditional use/site and development plan). Although this is
unlikely, it is not a desirable situation to allow to happen. ..A
posture more in keeping with the City's development practic.
would be to consider establishment of a new automobile dealership
only upon compliance with all applicable development regulations,
including the standards for evaluation of a conditional use.
Other related determinations: The determination
consideration has no bearing upon the procedures for the
establishment of a conditional use, i.e. the prov~s~ons
establishing the use within 18 months in order to vest it.
under
first
for
There is no bearing upon where a conditional use exists, has been
abandoned, and the conditional use is no longer allowed (or was
not initially allowed) in the zoning district. In this instance,
the use is nonconforming and is subject to the requirements of
nonconforming uses.
There is a doubt as to how to handle a situation wherein a
conditional use existed (or was formally approved and
established), was then abandoned, one or more intervening uses
occurred, and then it was/is desired to reestablish the
conditional use.
REQUESTED AMENDMENT:
The Planning Director feels it is the desire of the City that
once a conditional use is abandoned, that it should not be
reestablished without first being subject to review and approval
pursuant to Code Sections 173.845 through 173.851 the
Conditional Use procedures. Thus, it is requested that 173.831
be deleted ~n its entirety and that new code sections be
provided fOllowing 173.851 which provide for the fOllowing:
a) that where any use, listed as a conditional use within
a zoning district, exists at the time of adoption of
this ordinance, it shall be deemed a conforming use and
shall be allowed to continue without further action;
To: Planning and Zoning Board
Re: Text Amendment Regarding Abandonment of a Conditional Use
Agenda Item VI.A
Page 3
b) that when a conditional use has been established
through the provisions of 173.849 (Time frame
provisions) or 173.852(a) (above paragraph) and then it
is abandoned for a period of 180 calendar days or
greater, or there is established an intervening use, it
shall no longer be deemed an approved or allowed use
but shall be reestablished only upon the submittal,
review, and approval requirements established for a
conditional in Sections 173.845 through 173.851.
ALTERNATIVE ACTIONS:
1.
Concur with the assessment as provided by the Director of
planning and Zoning and recommend to the City Commission
that proposed amendments be enacted.
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2. Find that the Planning Director's assessment of the City's
desire is incorrect and do not take any action on this
matter.
3. Concur with the Director's assessment but recommend that an
altered amendment be forwarded. Provide specific language
or direction.
RECOMMENDED ACTION:
Board discretion.
Attachment:
Letter from the City Attorney's Office
DJK*32/A:PZCONUSE.TXT
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[ TY DF DELRAY BEAEH Y.... " ~~~.....
I ,A f. }~~~~~,~:
CiiY AiiORi~EY'S OFFICE
September 23, 1988
3 I 0 s.r. I Sf STREET, SUITE 4 DURA Y BrACH, flORIDA 33483
407/243-7090 TrLECOPlrR 407/2784755
Beril Kruger and Associates
100 East Linton Boulevard
Suite 202A
Delray Beach, FL 33483
Subject: Neal's and Ray's Tire Center, 290 S.E. 6th Avenue
Dear Mr. Kruger:
In your letter and attachment of september 15, 1988, you
indicated that a tire business ]-I,,~ .,no,", nc:t-;onl ; c:l,,,n ;or r]-l!"
above location since 1969. The zoning of the property appears
to be se, Specialized. C0::,.:::::=:::..::1 !)i.s":.ri~":., ':.'!1e=~i~. i:i!"t? .,;?l1?s ~t
is indicated to be a conditional use. I
Our office has determined based on present ordinances that,
since your business was in existence and was a permitted use
prior to the adoption of the SC Zoning District, that by
operation of law, you were entitled to be deemed a valid
conditional use without >iubmitting an application for
conditional use approval. Pursuant to our present ordinances,
there is no provision for the expiration of an existing
conditional use. Conditional uses approved for development of
vacant land, have, according to our present ordinances, an
expiration date wherein the applicant must submit a petition
~".... ........~+-,..,..H":';0T1 ,.~..... +-~p ("'n'l"!~;+-i"T"tnl use 1.S terminated. This is
not the case, apparently, from the facts you presented to me as
it relates to Neal's and Ray's ~ire Center.
Therefore, unless and until our ordinances are changed, an
occupational license should be issued to permit you to operate
the tire center, as there was no expiration of your valid
conditonal use.
If you should have further questions or concerns,. do not
hesitate to contact me.
Sincerely,
OFFICE OF THE CITY ATTORNEY
CI~DELRAY BEAiSH-,._.FLORIDA
1:.:' -- , "-
By: 1t~ ---
'.. usan A. Ruby, Esq.
Assistant City Attor e
SAR:ci
cc MaLtiI1 O'Shea, Chief Building Official
David Kovacs, Director of Planning and Zoning
Lula Butler, Director of Community Improvement
Jovce Desormeau. Siqns/Licence Administrator
ORDINANCE NO. 144-88
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH. FLORIDA, AMENDING TITLE IX, "GENERAL
REGULATIONS". CHAPTER 100, "NUISANCES", OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY
ENACTING A NEW SUBSECTION 100.07, PROVIDING FOR MAINTE-
NANCE OF YARDS AND LANDSCAPE AREAS. AND A NEW SECTION
100.08, TO PROVIDE FOR MAINTENANCE OF EXTERIOR BUILDING
WALLS, ALL AS A MATTER OF PUBLIC NUISANCE ABATEMENT
REGULATIONS; PROVIDING A GENERAL REPEALER CLAUSE;
PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach, Florida. deems it
to be in the best interests of the residents and citizens of the City of Delray Beach,
and in the interest of the health, safety, welfare, and property values for property
owners and residents of the City to establish nuisance abatement procedures requiring
the maintenance of yards and landscape areas, and further the maintenance in a secure
and attractive manner of building walls.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DEL RAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Title IX, "General Regulations". Chapter 100. "Nuisances".
of the Code of Ordinances of the City of Delray Beach, Florida, be. and the same is
hereby amended, by enacting a new Section 100.07, "Yards and Landscape Areas", to
read as follows:
1100.07. YARDS AND LANDSCAPE AREAS.
(A) Any portion of a lot not covered by a building or structure or otherwise
devoted to parking, service drive. or walkway shall be sodded with a healthy grass or
other appropriate ground cover and shall be maintained in a neat and orderly manner.
(B) All landscape materials, whether required or optional, shall be maintained
in a healthy live condition so as to present a neat and attractive appearance and so as
to discourage the collection of trash or debris or infestation by pests. Trees, shrubs,
ground cover and grasses shall be trimmed in a manner consistent with good landscap-
ing practices and otherwise as required by this Code of Ordinances.
Section 2. That Title IX. "General Regulations". Chapter 100. "Nuisances",
of the Code of Ordinances of the City of Delray Beach. Florida. be. and the same is
hereby amended, by enacting a new Section 100.08, "Exterior Building Walls", to read
as follows:
1100.08. EXTERIOR BUILDING WALLS.
(A) Front building walls facing the public rights-of-way shall be maintained
in a secure and attractive manner. All defective structural and decorative elements of
such building facade(s) shall be repaired or replaced in a workmanlike manner. to
match as closely as possible the original materials and construction of the building. All
exterior walls shall have all loose material removed and patching or resurfacing shall be
accomplished to match the existing or adjacent surfaces as to materials. color. bond and
joining. All cornices, trim, and window frames that are damaged. sagging or otherwise
deteriorated shall be repaired or replaced to be made structurally sound and all exposed
materials painted. stained or otherwise treated in a consistent manner.
IdS;II.6 ~,.o""
(B) Side and rear building walls not taang ~ public right-of-way may be
treated in a manner distinct from the building wall fronting on a public right-of-way.
Such side and rear building walls. however, shall be maintained in a safe and secure
manner and not allowed to deteriorate in a manner that endangers the structure or
detracts from the value of adjoining properties.
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Section 3. That all ordinances or parts of ordinances which are in conflict
herewith are hereby repealed.
Section 4. That should any section or provision of this ordinance or any
portion thereof, any paragraph, sentence, ot' word be declared by a court of competent
jurisdiction to be invalid, such decision shall not affect the validit~, 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 ten (10) days after its
passage on second and final readinlr.
PASSED AND ADOPTED in regular session on second and t'lnal reading on this
the day of , 198
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
2
ORD. NO. 144-88
MEMORANDUM
TO:
WALTER O. BARRY - CITY MANAGER
FROM:
FRANK R. SPENCE - DIRECTOR, DEVELOPMENT
SERVICES ~~h~
SUBJECT: ORDINANCE 144-88
DATE: NOVEMBER 18, 1988
As a follow-up to staff's previous recommendation and City
Commission's direction, attached proposed Ordinance 144-88,
amending the Nuisance Ordinance, is being presented to address
the problem of maintenance of yards, landscaped areas and
appearance of exterior walls of single family residences.
This ordinance was proposed for three reasons:
1. We have no codes for landscaping for single family dwellings
or other buildings predating existing landscaping codes.
Many of these buildings have deteriorated and have become
visual eyesores depreciating a neighborhood.
2. We have no codes for maintaining exterior masonry walls for
single family buildings or buildings predating existing
ordinances. Masonry buildings not covered by code
deteriorate, e.g., blistered paint, no paint, extensive
water stains. These conditions detract from the visual
beauty of neighborhoods.
3. We receive numerous citizen complaints about the appearance
of single family residences where the lawn has died, shrubs
are dead or unkempt and masonry surfaces stained, soiled or
bare. People complain because they extend efforts to
maintain their property, but others do not.
Proposed Ordinance 144-88 addresses the above landscaping and
exterior surface concerns. Code Enforcement currently has no
ordinances to cite single family or older building owners to
upgrade yard areas or masonry surfaces. This ordinance, in
conjunction with existing housing codes, gives us the tools to
improve both the interior and exterior of buildings.
Recommendation
Staff recommends approval.
FRS:DQ
A:Ord144.88
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ORDINANCE NO. 151-88
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH. FLORIDA. CORRECTING THE
ZONING CLASSIFICATION FOR A PARCEL OF LAND
LYING AND BEING IN SECTION 21. TOWNSHIP 46
SOUTH. RANGE 43 EAST. PALM BEACH COUNTY.
FLORIDA. FROM RM-15 (MULTIPLE FAMILY
DWELLING) DISTRICT TO SC (SPECIALIZED
COMMERCIAL) DISTRICT; SAID LAND IS LOCATED ON
THE EAST SIDE OF U. S. HIGHWAY NO. 1 (S. E. 6TH
AVENUE). BETWEEN S.E. 5TH STREET AND S.E. 6TH
STREET. IF EXTENDED EASTWARD; AND CORRECTING
.. ZONING MAl:' OF DELRAY BEACH. FLORIDA. 1983";
PROVIDING A GENERAL REPEALER CLAUSE;
PROVIDING A SAVING CLAUSE; PROVIDING AN
EFFECTIVE DATE.
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WHEREAS. the subject property is shown as being zoned
RM-15 (Multiple Family Dwelling) District on the Zoning District
Map of the City of Delray Beach. Florida. dated April 12. 1983;
and.
WHEREAS. a revi.ew of City records indicates that such
zoning classification was inadvertently applied to said property;
and.
WHEREAS. Leonard L. Surles and Mina E. Surles. his
wife. and Doris Surles. a single woman. as the fee-simple owners
of the subject property. have requested that the Zoning District
Map of the City of Delray Beach. Florida. dated April 12. 1983.
be corrected to reflect the previous zoning classification of SC
(Specialized Commercial) District; and.
WHEREAS. this matter was considered by the City Commis-
sion at a Public Hearing and it was determined that the RM-15
(Multiple Family Dwelling) District zoning classification was. in
fact. inadvertently applied to the subject property,
NOW. THEREFORE. BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA. AS FOLLOWS:
~ction 1. That the Zoning District Map of the City of
Delray Beach. Florida. dated April 12. 1983. be. and the same is
hereby corrected to reflect a zoning classification of SC (Spe-
cialized Commercial) District for the following described proper-
ty:
The West 303.23 feet of the North 75 feet of
Lot 12. Block 1. less the West five (5) feet
thereof. OSCEOLA PARK. a subdivision of the
City of Delray Beach. Florida. as recorded in
Plat Book 3. Page 2. of the Public Records of
Palm Beach County. Florida.
Sect! on.2..._ That
shall, upon the effective
Zoning Map of Delray Beach.
sions of Section 1 hereof.
the Planning Director of said City
date of this ordinance. change the
Florida. to conform with the provi-
~~~ That all ordinances or parts of ordinances
in conflict herewith be. and the same are hereby repealed.
lit-
(
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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.
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PASSED AND ADOPTED in
final reading on this the
regular session on second and
day of .____._._____. 1988.
..-. .._,- ...-----.--.--------------.--.----..-------
MAY 0 R
ATTEST:
----------..--------..------.-.---.-----
City Clerk
First Reading
Second Reading
- 2 -
Ord. No. 151-88
C I T Y
COM MIS S ION
DOC U MEN TAT ION
TO:
C. L~ER O. , BARRY, CITY MANAGER
" CU--'oP '-.~ J.!()U(',,('~ .
DA ID J. 'kOVACS, DIRE~OR
DEPARTMENT OF PLANNING AND ZONING
FROM:
")-0
SUBJECT: MEETING OF NOVEMBER ~ 19 8 8
AGENDA ITEM
CORRECTING ORDINANCE REGARDING ZONING ON PARCEL OFF
FEDERAL HIGHWAY (correcting from RM-15 back to S.C.)
ACTION REQUESTED OF THE COMMISSION:
The action requested of the Commission is that of
amending the zoning map to correct an apparent
inadvertent change which occurred in 1977.
BACKGROUND:
Attached is a letter request from Leonard Surles, property owner,
in which he sets forth the situation wherein his property nad its
zoning changed without apparently being properly processed.
In addition to the information contained in Mr. Surles letter, it
appears than in November of 1977 there were seventy-four changes
made to the zoning map. These changes were made in order to
bring the zoning map concurrent with the Land Use Map. There was
individual property owner notification for each of the
seventy-four parcels. However, the Surles property was not
legally described in the enacting ordinance; nor is there
documentation that Mr. Surles was given individual notice of the
attendant hearing.
The property consists of approximately 1/2 acre. It is
unplatted. The last associated property transaction occurred in
1968. The property was used for commercial purposes but has been
vacant for quite some time. A structure along with a parking lot
exist on the site. A new commercial use can be established
without upgrading the property. A former conditional use can be
established without upgrading.
14-
To: Walter O. Barry, City Manager
Re: Correcting Ordinance Regarding Zoning on Parcel Off
Federal Highway (Correcting from RM-l5 Back to SC)
Page 2
Planning and Zoning Board Recommendation: A Board recommendation
is not necessary, nor appropriate, since the matter before the
Commission is that correcting an apparent error.
Alternative Actions: The following courses of action are
available to the Commission in the disposal of this item:
1. Approve the correcting ordinance on first reading. And,
do not take any further action until completion of the
work program on the comprehensive plan update.
2. Proceed with the correctinG ordinance but also initiate
a formal action to consider rezoning to a designation
which is consistent with the Land Use Map. This would
allow establishment of a commercial use (which may
continue as a nonconforming use) but may result upon
placement of a residential designation on the property.
3. Do not proceed with the correcting ordinance (thus not
allowing establishment of a commercial use) and
formally initiate a rezoning to RM-15 for the purpose
of clearing the formal record.
RECOMMENDED ACTION:
By motion, approve the correcting ordinance on first reading.
Attachments:
request letter
location map, and attachments
REF/DJK#35/CCCORORD.TXT
O'-''-',!",r l7, 1988
Dir~~tor of Planning ~ Zoning
David J. Kova~'
100 N.W. 1st Avenue
Delray Beach, Fl. 334u4
Re: Legal descr:..ption of Propercy: c" West 303. 2J feet of the
North 75 feet of Lot 12, Block 1, less the West 5 :e~t
thereof, OSCEOLA PARK, a subdivisl.!l": as recorded in Plat
Book 3, Page 2, in the Public Rec~rds of Palm Beach County.
'-)e,lr Mr. Kovacs,
Fullowing our contact with Paul 0",-1 ing of the: Dl'lray Beach
Pl~nning Department, we are reGuestin~ ~y copy of this letter, your
assistance in cl..rifying the 'u"rcnt -.I'I"ng of the above des~ribed
pr"perty, which I own togethcC" wirh mv 'Nife, by correcting the
current zoning n"p for ':oe l:1". ,F Dely,y Beac" to indicate- my
prllf'erty as Spl ,.ialized Comm~~. a (SC)
Je~d
1 purchasec
~n 196(.:, D[
this pruperty as
. ,.
~nCl~,-- .
ed on t ,;_,
-r rant l.i','.",
lttach,d warranty
.5. 1 IS.E. 6th
wt'~.t.' -: Lime thl~ propc'r' j
i\Vl nut:) was zon',-: comml rcial an;' 'It' r '. i~)n c;- ~iJid propl'rty, which
,cllIlt<'d thl' Illtr.,CU,lstal ....atcrw, y, w>;, 11l~d s~ngl,' farr'ily R-IAA.
Fof !uwin<" ttll' ')r. rchasc, I nrllCC', dcd (",nstr J~t a building and
subs,'qu('ntly lclscd said 'mi:ding for c'''',m~r~ial us,'. Following this
tim~,th~ property has ~cen in continuoD" use as J ~ommercial business.
In 1968, I sold the Easterly 150 feet '-I the Barr Co. of Florida and
retained that portion as previous'y des ribed 'IS co,,'ml'rcial property.
After a long term t.~ant vacated'
placed the pr0, drty on the 'idrket for
that the zoning map [or thi,- lr, a 'lOw
'a'lllly. I have s, ,irched b"t" .h~ p,,~,l.
commlrl~'1i building, I
'cry nL'" ., nan t and I f .'und
1.a'P& my ~roperty as ~Ultl-
lch County records and Lne
-1-
I.JFC--'\/CD' .
n-. tl I!.....
OCT 2 8 1988
PLA! "':I~! ('
L x.l" ~ ,.~
(.t, of Delray Beach records through the respective Clerk's office
('. b. .th the Ci ty and County and I have f"und no ."vidence of a zoning
",all!',e except Ordinance 15-68, which cov"recl only the Barrton Apartmellts
1',"01" rty prior to the development of said property for condominium us,,;
I hdve provided the information obtained from both Palm Beach County
alld I ro:n the City of Delray Beuch Clerk's Office, which indicated
the changes made involving said Ordinance 15-68.
I feel the current zoning map designution was made in error and
I wOllld sincerely appreciate yuur assistilnce in applying through
the City Council, as we have discussed to correct the zoning map to
t.' properly designate my property as SC, so that I will not be
pc.ev,.nted fr?m usi~g my property as I have in the pust for commercial
purposes and any future correspondence with the City covering my
p,-ofl' rty will be correct in proper designdtion for the zoning purposes.
I have enclo,,,,d herewith copies of "'i1rranty deed, together with
t L tJ. ,-'ertifica tion for my property as y" j have reques tcd. If you
h.lV" ilny questiorc; regurding the above, please let me know.
/<
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OCT ~ ;1 nr1f'
~:-i_Ali!.:. ,
LAW OFFICES 01
John T. Morris.'ln. PA.
_~4
Ml TTJ PARK ROAC'
f PH' 'N! '40/' '.' ')',,/
,,I. "' h-. IN' I..'JRIDA 33432
(30~1 4. ,-'!.1UI
~A)" '30~' 42 2bOl
Octobec 26, 1988
City of Delroy Beach
":ity Hall
Delray Beach, Florida
Re: Certification of Ownersh l'
To Whom It May Concern:
This office represents Leonard L. Surles and ir. that
capacity the following certification of ownership is being
provided:
1. Tnat the undersigred is a .censed attorney who has
been practicing in the State of Florida since 1974.
2. That I have examined the p. I b 1 i c Records in and for
the County of Palm B,>aLh. State of '<,rida Gef; /(('f~ // f"~
3. That the fee simple owners
described re.,] pruperty are Leonard
Surles. his Wife, dIld DurlS Surle"
<>j the following
Sur~es iJlJd MilIa E.
, sing J" W'")IIlan'
The West 303.23 feet of the Norin 75 teet uJ Lur 12.
Kluck 1. L.."s the West 5 feet thereuf. OSCE()l,A PARK d
sUhdivis,op (If the City uf Delray B'liCh, Fluriola, as recorded
in Plat Book J. Page ? uf the Pub!",' Records ut Pili", Beach
..:ounty, Florida.
Very truly yours,
/ I..,... ,. 11,/,\.
Juhn T. Mor ,.1 son
JTM/bjm
c,: Leonard L. Sur les, Sr.
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ORDI~NCE NO. 15-68.
AN ORDINANCE OP THE CITY COUNCIL OF THE CITY OP
DELRAY BEACH, FLORIDA, REZONING AND PLACING LOTS
1 THROUGH 7 IUCLUSIVE AND LOTS 12 THROUGH 19 IN-
CLUSIVE, BLOCK 12; LOT 12 LESS THE NORTH 75 FEET,
BLOCK 1; AND THOSE PORTIONS OP THE NORTH 75 FEET
OF LOT 12, BLOCK 1, AND LOTS 8 THROUGH Ii INCLU-
SIVE, BLOCK 12, NOW ZONED R-l~.A, ALL BEING IN
OSCEOLA PARI< SUBDIVISION, DELRAY BEACH, FLORIDA,
IN "RM-l MULTIPLE FAMILY DWELLING DISTRICT", AND
AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA,
1960".
BE IT ORDAINED BY THE CITY COUNCIL OP THE CITY OP DELRAY
BEACH, PLORIDA:
SECTION 1. That the following described property in the
City of Delray Beach, Florida, is hereby rezoned and placed in the
"RM-l,Multiple Family Dwelling District" as defined by Chapter 29
of the Code of Ordinances of the City of Delray Beach, Plorida,
to-wit:
Lots 1 through 7 inclusive and Lots 12 through
19 inClUSive, Block 12; Lot 12 less the North
75 feet, Block 1; and those portions of the
North 75 feet of Lot 12, Block 1, and Lots 8
through 11 inclusive, Block 12, now zoned R-lAA,
all being in Osceola Park Subdivision, Delray
Beach, per Plat Book 3, Page 2, Public Records
of Palm Beach County, Plorida, and all less any
eXisting S. E. 6th Avenue, as well as Intra-
coastal Waterway rights-of-way.
SECTION 2. That the BUilding Inspector of said City
shall upon the effective date of this Ordinance change the ZOning
Map of Delray Beach, Florida, to conform with the provisions of
Section 1 hereof.
PASSED in regular session on the second and final reading
on this the 10th day of June , 1968.
irQ-'R~4
ATTEST:
~~-
First Reading May 13, 1968
Second Reading June 10, 1968
.-
0RDINANCE NO. 153-88
lIN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRlt,Y BEACH, FLORIDA, AMENDING CHAPTER 174,
"HISTORIC PRESERVATION", OF THE CODE OF ORDINANCES
OF THE CITY OF DEI.RAY BEACH, FLORIDA, BY AMENDING,
"GENERAL PROVISIONS", SECTION 174.02, "DEFINITIONS"
AMENDING THE DEFINITION OF UNDUE ECONOMIC HARDSHIP,
TO FURTHER CLARIFY THE NEED FOR THE CONSIDERATION OF
UNDUE ECONOMIC HARDSHIP WHEN CONSIDERING APPLICA-
TIONS FOR CERTIFICATE OF APPROPRIATENESS, INCLUDING
BUT NOT LIMITED TO CERTIFICATE OF APPROPRIATENESS
APPLICATIONS REQUESTED BY PROPERTY OWNERS FOR
DEMOLITION; BY AMENDING, "CERTIFICATE OF APPROPRI-
ATENESS", SECTION 174.30, "BASIC REQUIREMENTs",
SUBSECTION 1 7 4 . 3 0 (B), TO PROVIDE THAT PLAN REVIEW IS
REQUIRED; BY REPEALING "CERTIFICATE OF APPROPRIATE-
NESS", SECTION 174.32, "INITIATION AND PROCEDURE",
SUBSECTION 174.32(B) AND ENACTING A NEW SUBSECTION
174.32(B), TO PROVIDE THAT APPLICATIONS FOR CERTIFI-
CATE OF APPROPRIATENESS MUST BE FILED WITH THE
DEPARTMENT OF COMMUNITY IMPROVEMENT AND AMENDING
SUBSECTION 174.32(F), TO PROVIDE THAT A CERTIFICATE
OF APPROPRIATENESS SHALL EXPIRE EIGHTEEN MONTHS FROM
DATE OF ISSUANCE, ELIMINATING THE TWENTY-FOUR MONTH
EXPIRATION PERIOD IF 25\ OF THE IMPROVEMENTs ARE NOT
COMPLETED: BY AMENDING "HISTORIC PRESERVATION
BOARD" , SECTION 174.43, "POWERs AND DUTIES", BY
AMENDING SUBSECTION 174.43 (F), TO CLARIFY THAT THE
HISTORIC PRESERVATION BOARD HAS POWER TO ACT IN LIEU
OF THE BOARD OF ADJUSTMENT IN ORDER TO GRANT
VARIANCES FROM THE SIGN CODE; BY AMENDING "ADMINIS-
TRATION AND ENFORCEMENT" , SECTION 17 4.54,
"VARIANCES", SUBSECTION l74.54(B)(1), TO PROVIDE
ADDITIONAL CRITERIA FOR VARIANCES REQUESTED BECAUSE
OF UNNECESSARY HARDSHIP, AS WELL AS ClUTElUA FOR A
VARIANCE WHICH IS NECESSARY TO MAINTADI 'l'BE HISTORIC
CHARACTER OF THE BUILDING, STRUCTURE, SITE, OR
DISTRICT, AND AMENDING SUBSECTIC>>I 174. 54(B)( 7) BY
ENACTING A NEW SUBSECTION 17 4 . 54 ( b) ( 7) (D) TO
PRECLUDE SIGN CODE VARIANCES EXCEPT FOR VARIANCES TO
THE SIGN CODE FOR THOSE NONCONFORMING SIGNS IN
E....nSTENCE ON THE DATE OF THE ENACTMENT OF THE SIGN
CODE AND AMENDING SUBSECTION 174.54 (B) ( 12) , TO
PROVIDE CLARIFICATION THAT EITHER AN "UNNECESSARY
HARDSHIP" OR THE NEED TO MAINTAIN THE HISTORIC
CHARACTER OF THE BUILDING STRUCTURE, SITE, PROPERTY
OR DISTRICT SHALL SERVE AS A BASIS FOR A VARIANCE;
PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A
SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach,
Florida, wishes to clarify certain aspects of Chapter 174, "Historic
Preservation" of the Code of Ordinances of the City of Delray Beach,
,(
Florida and Ordinance No. 109-88, recently adopted which amended Chapter
174, "Historic Preservation".
NOW, 'I'HEREFOP.E, BE IT OI/DArNED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That ~hapt.er 174, "Historic Preservation" ,
"General ProlTisions", Section 174.02, "Definitions", of the Code of
Ordinances of the City of Delray Beach, Flori.da, be, and the same is
flt:reby amended, by amending the definition of "Undue Economic Hardship"
as follows:
"Undue Economic Hardship". An exceptional financial burden
created by the implementation of or created by conditions
imposed pursuant to Sections 174.31 or 174.33, that might
otherwise amount to taking of property without just compensa-
tion, 01 failure to achieve a reasonable economic return.
Section 2. That Chapter 174, "Historic Preservation", "Cer-
tificate of Appropriateness", section 174.30, "Basic Requirements",
Subsection 174.30(B) is hereby amended as follows:
(B) Plan a~~pevar review required. No certificate of appro-
priateness will be approved unless ~ae -areft~~ee~~a%
photographs and plans for such construction, reconstruc-
tion, relocation, alteration, excavation, restoration,
lenovati.on, or demol i.tion are a~~peved teviewed by the
HistoJ:ic Preservation Board. The aforementioned plans
mav include one or more of the followina' site nlan
and/or survey. elevation nlan landscane plan. floor
plan, color chips. architectural drawings, sketches or
artistic renderings, samples of building materials,
engineering reports, or any other supporting materials,.
plans or repOrts, as deemed necessary by the Historic
Preservation Board.
Section 3. That Chapter 174, "Historic Preservation" ,
"Certificate of Appropriateness", Section 174.32, "Initiation and
Procedure", of the Code of Ordinances of the City of Delray Beach,
Florida, is hereby amended by repealing Subsection 174.32IB) by enacting
a new Subsection 1"74.321 B) and amending Subsection 174.321 F) , as
follows:
IB) An application for a Certificate of Appropriateness"
must be filed with the Department of Development
Services by the first Friday of the month. The
applicant shall pay a filing fee of $25.00, and no
application will be acted upon by the Board unless
it contains all required and pertinent information
and is accompanied by the required fee.
IF) The Board may approve, modify or deny an application
for a Certifica~e of Appropriateness. If the Board
approves the application, a Certificate of Appropri-
ateness will be issued. Construction for which a
Certificate of Appropriateness is issued shall
commenct: witbin 18 months from the date of issuance,
2
ORD. NO. 153-88
.
.
afta or the ~~rtificate shall expire. iz-2~\-ef-~~e
a~~revea-im~reYemeft~s-ftave-fte~-eeeft-eem~%e~ea-w~~ft~ft
r4-m~ft~fts-frem-~he-da~e-ef-iss~aftee~ The Board may
not approve extensions for certificates of Appropri-
atpness. If the Board disapproves the application,
a Certificate of Appropriateness shall not be
issued. The Board will state its reasons for
~isapproval in writing and present these reasons to
the applicant within ten calendar days of the
Board's disapproval.
Section 4.. That Chapter 114, "Historic Preservation" ,
"Historic Preservation Board", Section 114.43, "POIo/ers and Duties",
Subsection 114.43(F), of the Code of Ordinances of the City of Delray
Beach, Florida is here~J amended as follows:
(F) Act in lieu of Board of Adjustment. The Board
shall act in lieu of the Board of Adjustment and is empowered to
grant variances from existing ordinances for properties designated
as historic sites, afta-fer-~reper~~es-aBs-si9ftS7 within designated
historic districts;- or listed on the Local Register of Historic
Places. In addition, the Board is empowered to grant variances
from the siqn code for those non-conforming signs which existed at
the time of enactn~nt of the sign code.
4
Section 5. That Chapter 114, "Historic Preservation", "Admin-
istration and Enforcement", Section 114.54, "Variances", is hereby
amended by amending Subsections 114.54 (B) ( 1) and 114 (B) (12) and by
amending Subsection 114.54(B)(1) by enacting a new sub-subsection
114.54(B)(7)(D) as follows:
.
4
4
(B) The Board shall not grant a variance from the terms
of existing ordinances unless and until:
4
4
(1) A written application for a variance is submit-
tp.d demonstrating that ':' an unnecessary hard-
ship exists pursuant to the criteria contained
wi thin Section 173. 9l1( A) (1) and the variance
requested is the JDin 1 11I\1II' variance necessary
that will make pOssible the reasonable use of
the building or structure. or that a variance
is necessary to .aintain the historic character
::>f the property by demonstrating:
(a) That a variance would not be contrary to the
public interest, safety or welfare.
Ib) That special conditions and circwnstances
exist, because of the historic setting,
location, nature or character of the land,
st.ructure, appurtenance, sign or building
involved, which are not applicable to other
lands, otructures, appurtenances, signs or
buildings in the same zoning district, which
have not been designed as historic sites or a
historic district, nor listed or the Local
Register of Historic Places.
~
4
~
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.
1
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ORD. NO. 153-88
,
.
.
!.. ,
. -,
Literal interpretation of the provisions of
exist. ing ordinances would alter the historic
chat:acter of the historic district or historic
site to s~ch :in extent that it would not be
feasible to preserve the historic character of
the historic district or historic site.
(d)
The vari~~ce requested is the minimum necessary
to maintain the preservation of the historic
character of the historic site or of the
historic district.
(7) Vari~nces Prohibited.
(D) Sign Code. The Board is hereby expressly
prohibited from granting a variance fran the
sign code. except that the Board may grant a
variclnce from the sign code for those noncon-
forming signs which existed at the time of the
enactment of the sign code.
(12) A variance from the terms of existing ordinances
shall only be granted to preclude unnecessary hardships
aftd or to maintain the historic character of the
building, structure, site, property or district.
Section 6. That should any section or provision of this
ordinance or any portion ':hereof, any paragraph, sentence, word, be
declared by a court of c'-lmpetent:. jurisdiction to be invalid, such
decision shall not effect the validit.y of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
section 7. That all ordinances or parts of ordinances in
conflict herewith, be and the same are hereby repealed.
Section 8. That this ordinance shall become a effective
immediately, upon second and final reading.
PASSED AND ADOPTED
reading this day of
in regular session on second and final
, 1988.
1'<1 A Y 0 R
ATTEST:
City Clerk
First Reading
Second Reading
4
ORO. NO. 153-88
[1,.T1J Dr D~. ~.".':J~l ffJ~' IF' ~ '
.". 'i '\,0/', ~;,ri,. ~- ~. ~ ~""~' ~ 'i,.
CITY ftTTO"ir'!r-v'c. n~":'I;'J
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MEMORANDUM
Dat.e: October 31, 1988
To: ~ity Commission
From: Susan A. Ruby, Assistant City Attorney
Subject: Changes to Historic Preservation Ordinance
Recently the City corrunission approved changes in the Historic
Preservation Ordinance by adopting Ordinance No. 109-88. After
discussion with and review by the Planning and Zoning Director
and discussions with the Historic Preservation Board, this
Ordinance 153-88 is proposed, in order to further clarify the
following aspects of the Historic Preservation Board ordinance
as follows:
1. Section 174.02, "Definitions"; is changed to clarify the
definit.ion of "Undue Economic Hardship" so that, it is
clear that "Undue Economic Hardship" is to be considered
when considering COA applications, including COA applica-
tions for demolition as requested by a property owner.
2. Section 174.30, "Basic Requirements" , subsection
174 . 30 (B), "Plan Approval required" was determined to be
in need of further refinement to provide clarification
that there is no additional step intended to be created
regarding plan approval by the Historic Preservation Board
(HPB). The HPB will only review plans, not approve plans,
when considering Certificate of Appropriateness Applica-
tions (COA's).
3. "Certificate of Appropriateness" Section 174.32, "Initia-
tion and Procedure" , subsection 174.32 (B) requires
modification to direct COA applications to the Department
of Corrununity Improvement instead of the Planning and
Zoning Department. Subsection (F), at the request of the
HPB, is also modified to state that a COA will expire
eighteen (18) months after issuance if construction has
not corrunenced, eliminating the twenty-four (24) month
expiration date if 25% of the improvements have not been
constructed. .
J<'
City commission
october 31, 1988
Page 2
4. Sect.ion 174.43, "Powers and Duties", subsection 174.43(F);
and section 174.54(B) (7) requires clarification to insure
that the HPB will act in lieu of the Board of Adjustment
for variances from the Zoning Code and to insure HPB is
empowered to grant relief from the imposition of the sign
code. However, a variance from sign code requirements may
only be granted, pursuant to this amendment, for non..
conforming signs which existed at time of enactment of the
sign code. The HPB is not otherwise empowered to grant
any other variances from the sign code.
5. Section 174.54, "Variances", while referring to the HPB's
need to either find a "unnecessary hardship" or to find
that the variance is needed "to maintain the historic
character of a building, structure, or district", requires
further clarification and a statement of criteria neces-
sary to establish an "unnecessary hardship".
Thus, Ordinance No. 153-88 is proposed for the purpose of
further clarifying the Code to insure the proper functioning of
the Historic Preservation Board.
Please do not hesitate to contact our office, should you have
any questions or concerns regarding this proposed ordinance.
$
SAR:ci
cc Walter o. Barry, City Manager
David Kovacs, Director of Planning and Zoning
Pat Healy and Members of the Historic Preservation Board
II
n'CT\T...y'1l."'''''''''''
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DET..RAY BEACH, FLORI DA, AMENDING CHAPTER 173, " ZONING
CODE", OF THE CODE OF ORDINANCES OF THE CITY OF
DELRAY.BEACH, FLORIDA, BY AMENDING SECTION l73.916,
"BOARD OF ADJUSTMENT", BY AMENDING SUB-SECTION
l73.9l6(H)(2) TO PROVIDE THAT DECISIONS OF THE BOARD
OF ADJUSTMENT MAY BE MADE BY A MAJORITY VOTE OF
THOSE BOARD OF ADJUSTMENT MEMBERS THEN PRESENT AND
VOTING; PROVIDING A GENERAL REPEALER CLAUSE;
PROVIDING A SAVING CLAUSE; PROVIDING AN EP'FECTIVE
DATE.
WHEREAS, the City Commission of the City of Delray Beach,
Florida, deems it to be in the best interests of the health, safety and
welfare of the residents and t.:itizens of the City of Delray Beach,
Florida, and in the interests of providing for enhanced application of
the provisions of the City's Code of Ordinances to amend the current
provisions concerning the Board of Adjustment voting to provide that the
votes necessary to make such decisions and grant variances shall be a
simple majority vote of the Board of Adjustment members then present and
voting.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 173, "Zoning Code", of the Code of
Ordinances of the City of Delray Beach, Florida, be, and the same as
hereby, amended by amending Section 173. 916, "Board of Adj ustment", by
amending Sub-section l73.9l6(H)(2) to read as follows:
The concurring vote of re~r--memeers a simple
maiority of those members of the Board present and
voting shall be necessary to reverse any decision,
determination, order, or requirement of ~he Chief
Building Official, or to decide in favor of the
~pplicant on any matter upon which it is required to
pass under existing ordinances, or to effect any
variation in the application of existing ordinances.
Sectiun 2. That all ordinances or parts of ordinances which
are in conflict herewith are hereby repealed.
Section 3. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent juriSdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 4. That this ordinance shall become effective ten
(10) days after its passage on second and third reading.
PASSED AND ADOPTED in regular session
reading on this the day of
on second and final
, 1988.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
1 ~
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[ITY DF DELRAY BEA~~
CITY ATTORNEY'S OFFICE J\OSllstSTREET.SUITE4
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ilELRAY BEACH. \'-WRIDA JJ48J
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NF..MORA...'mUM
DaLe: Oc~ober 20/ 1988
To: City COImnission
Vial tel' O. Barry, City Hanager
From: Hel.bert \Y. A. Thiele, City Attorney
Subject: Transmission of Proposed Ordinance Regarding
Maiority Voting For Board of Adjustment
In accordance with the direction given to the City Attorney's
Office at the Cit.y Commission Workshop meeting of Tuesday,
October 18, 1988, enclosed herewith please find a proposed
ordinance which would modify the current requirements for
voting on the Board of Adjustment to provide instead of the
super majority of four votes, that decisions can be made and
variances granted based upon a simple majority vote of those
present and voting.
My previous memorandum to the City Manager dated September 20,
1988 is also attached hereto and which sets forth in paragraph
five some additional policy considerations for the City Commis-
sion in advance of your voting on this ordinance amendment.
If you have any questions, please contact the City
This ordinance should now
by the City Administration
City Commission meeting.
be
at
scheduled
the next
Attorney's
for first
available
Of nee.
teading
regular
JF
HT: tm
Attachment
cc: steve Rubin, Chairman
Board of Adjustment, with attachment
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CITY ATTORNEY'S OFFICE
310 S.L I" STREET, SUITE 4 DELRA Y BEACH, FLORIDA 334RJ
4(17/143+ 7090 TELECOPIER 407j27tl-4 755
HEMORANDUM
Date:
September 20, 1988
To:
Walter O. Barry, City Manager
From:
Herbert W. A. Thiele, City Attorney
Subject: Request for Preparation of Ordinance reqardinq Board
of Adjustment Votinq
This will acknowledge receipt of your memorandum of August 26,
1988 with regard to the voting requirements for the City's
Board of Adjustment.
, III
In that regard you are correct that the Code of Ordinances does
require that an applicant receive no less than four (4)
affirmative votes in order for any request for a variance to
our Code of Ordinances to be approved. This is codified in our
Code of Ordinances and it is my belief was also a requirement
of the former Florida Statutes which regulated the Boards of
Adjustment.
~'?~llc ':l:e: .stutlltc~ bQ~\I-C: .l;,UW bCcii l-~pealed, Lhis
remains in our Code of Ordinances and could be
ordinance am~ndment adopted by the City Commission.
However prior to the scheduling of an ordinance amendment on
the subject (copy attached), the policy questions involved
herein should be presented to the City Commission at upcoming
workshop meetings.
Lequirement
amended by
In the consideration of a potential change to this voting
requirement, although I concur that obtaining four affirmative
votes on a board which only sits five members is burdensome,
the rationale for such a requirement is that the variance needs
to be clearly demonstrated to the members hearing the request
for the variance, with the burden in this quasi-judicial
setting falling on the applicant to demonstrate to the
satisfactioD of dL leasL four of the five sitting members that
the hardShip warrants the granting of a modification to the
laws which govern the properties in the City of Delray Beach.
~
Memorandum
Page 2
Walter o. Barry, City Manager
If you would like any additional input on this matter prior to
its presentation to the City Commission, please contact me.
$\
HT:co
cc: Steve Rubin
City Commission
I .
ORDINANCE NO. 155-88
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 36,
"FINANCE; CITY PROPERTY TRANSACTIONS", OF THE CODE
OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA,
BY ADDING A NEW SECTION 36.08, "EMERGENCY
PURCHASES", TO PROVIDE FOR THE PROCEDURES AND
REQUIREMENTS FOR CITY PURCHASING IN THE CASE OF
EMERGENCIES; PROVIDING A SAVING CLAUSE; PROVIDING A
GENERAL REPEALER; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Convnission of the City of Delray Beach,
Florida deems it to be in the best intel.est of the residents and
citizens of the City of Delray Beach, Florida, and in the interest of
efficient management in the case of emergencies, to provide for proce-
dures in the Code of Ordinances of the City of Delray Beach, Florida,
for emergency purchases.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 36, "Finance; City Property Transac-
tions", of the Code of Ordinances of the City of Delray Beach, Florida,
be and the same is, hereby amended by adding a new Section 36.08,
"Emergency Purchases", to read as follows:
The provisions of Section 36.02 notwithstanding, the City
Manager or his designee, as specified in writing, shall
have the authority to make certain emergency purchases
only in the instance when the health, safety, or general
welfare of all or a significant specified portion of the
residents of the City of Delray Beach are affected.
(a) The City Manager shall institute written
administrative procedures for the proper
execution of the emergency purchases by City
administrative staff as set forth herein.
(b) For emergency purchases which are not antici-
pated to exceed ten thousand dollars
($10,000.00), the City Manager shall have the
authority to waive the provisions set forth in
Section 36.02 of the Code of Ordinances.
(c) For emergency purChases which are anticipated
to exceed ten thousand dollars ($10,000.00),
but be less that fifty thousand dollars
($50,000.00), the City Manager shall have the
authority to make such purchases provided that
the City Manager notifies the City Commission
both verbally and in writing within twenty-four
(24) hours after the purchase has been
executed, and that the purchase shall be
subsequently ra~ified by the City Convnission at
the next regUlarly scheduled City Commission
meeting.
I~
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(d) Fur cmergency purchases ",hich are anticipated
to exceed the :::um of fifty thousand dollars
:$50,000.00), the City Manager shall first
endeavor to notify the Mayor for purposes of
calling a special emergency meeting of the City
Commission to approve said purchase in advance.
If the City Manager determines that a quorum
for such an emergency special City Commission
meeting cannot be obtained, the City Manager
shall handle the emergency purchase pursuant to
the procedures set forth in Subsection (c),
above. .
(e) For purposes of this section, the definition of
of emergency shall mean whenever the health,
safety, or general welfare of all the resi-
dents, or significant specified portion of the
residents, of the City of Delray Beach are
affected or shall be irreparably harmed should
the purchase occur through the regular purchas-
ing procedures set forth in Section 36.02,
rather than utilizing the emergency procedures
set forth herein.
~ection 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.
..i
Section 4. That this ordinance shall become effective immedi-
ately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1988.
MAYOR
...
ATTEST:
...
City Clerk
First Reading
..
Second Reading
J
"
..
OF.D. NO. 155-88
[fry DF DElRRV BERtI':
10l' ~",',\ 1 /--,\'E:~,U~
D~ ~J~',." r'< ",'.'1 ;.- LOR!QA 33444
MEMORANDUM
TO: Walter O. Barry, City Manager
FROM: Robert A. Barcinski, Assistant City Manager/~ .
Management Services Group ~
DATE: November 18, 1988
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING _
NOVEMBER 22, 1988 - FIRST READING - ORDINANCE
'155-88 EMERGENCY PURCHASING PROCEDURES
Item Before City Commission:
Approve on first reading Ordinance 155-88
Property Transactions", which provides for
City purchasing in the case of emergencies.
"Finance City
procedures for
Back9round:
In late summer, City Commission directed staff to prepare an
ordinance providing procedures for emergency purchases with
specific direction. This ordinance is now before you and
incorporates those items requested by Commission. A summary
of the Ordinance provisions is as follows:
1. Under $10,000 - City Manager approval to waive provi-
sions in Section 36.02.
2. $10,000 to $50,000 - City Manager approval with written
and verbal notification to Commission within twenty
four (24) hours of purchase. Ratification next regular
agenda.
3. Over $50,000 City Manager notification to Mayor
requesting special meeting for approval. If quorum
cannot be obtained, City Manager follows procedures for
$10,000 to $50,000 amounts.
Recommendation:
Staff recommends approval on first reading of Ordinance
155-88.
RAB:sk
attachment
THE EFFORT ALWAYS MATTERS
I~
[ITY DF DELRAY BERCH
CITY ATTORNEY'S OFFICE .'1"SI "1""" 1 S"" 4
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OCT1488
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MEMORANDUM
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Dat:e:
October 7, 1988
1'0:
Robert A. Barcinski, Assistant City Manager
D~vid M. HUddleston, Director of Finance
Ted Glas, Purchasing Director
From: Herbert W. A. Thiele, City Attorney
Subject: Revised Proposed Ordinance Regarding
, Emergency Purchasing Procedures
This memorandum is a fOllow-up to Ted Glas I memorandum of
September 20, 1988, David Huddleston's memorandum of September
21, 1988, and Robert Barcinski' s memorandum of September 22,
1988, all of which had discussed and made suggested changes to
the proposed Ordinance on Emergency Purchasing Procedures.
Based upon the input from Assistant City Manager, Bob
Barcinski, on the unlikelihood of there being an occurrence
where there were insufficient funds to be appropriated for the
Emergency Purchase (and there being the ability to call an
emergency meeting of the City Commission to so appropriate such
funds in those instances where funding is not available,
although this could cause some delay in the emergency pur-
chase), the proposed Ordinance seems to be in order, with the
exception of one change to Section B of the Ordinance where we
have provided that the City Manager has the authority to waive
the purchasing procedure in Section 36.02 of the Code of
Ordinances.
With this change, the draft Ordinance now appears ready for
presentation to the City Commission. In their consideration,
however, perhaps Dave Huddleston I s suggestion that the City
Commission may want to specifically provide for a bUdgeted line
i tern for emergency situations in each year I s bUdget for both
the Water and Sewer Fund and the General Fund in the amount of
$50,000.00 to cover the potential contingency that an emergency
purchase may be needed where there are insufficient funds
available due to the nature of. the expenditure or the time of
the fiscal year where the expenditure needs to be made.
Robert A. Barcinski, Assistant City Manager
David M. Huddleston, Director of Finance
Ted Glas, Purchasing Director
October 7, 1988
Page 2
If you have any questions concerning this matter, in advance of
its presentation to the City Commission, please contact me
personally.
/lfi
HT:tm
Enclosures
cc: Walter O. Barry, City Manager
ORDINANCE NO. 156-88
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, DESIGNATING BLOCK l25, EXCLUDING THE
SOUTH 250' OF THE NORTH 488.6' OF THE WEST 100' OF BLOCK
125, THAT PART OF BLOCK 133 LYING WEST OF THE
INTRACOASTAL WATERWAY, THE EAST HALF OF BLOCK 118, ALL OF
BLOCK l26, THAT PORTION OF BLOCK 134 LYING WEST OF THE
INTRACOASTAL WATERWAY, THE EAST HALF OF BLOCK 119, ALL OF
BLOCK l27, THE EAST HALF OF BLOCK 120 AND ALL OF BLOCK
128, ALL WITHIN THE TOWN OF LINTON PLAT, AS RECORDED IN
PLAT BOOK 1, PAGE 3, PALM BEACH COUNTY RECORDS, AN
HISTORIC PRESERVATION DISTRICT; AMENDING ZONING MAP OF
DELRAY BEACH, FLORIDA, 1983; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Historic Preservation Board, at the meetinci held
on October 27, 1988, unanimously recommended that the designation of
lands bounded by East Atlantic Avenue on the north; S.E. 4th Str~t on
the south; the Intracoastal Waterway on the east; the western boundary
being S.E. 7th Avenue from E. Atlantic Avenue, south to S.E. 1st Street
(excluding lots 12 through 21 in Block 125), west on S.E. 1st Street to
the alley in the middle of Block 118, south through Block 119 and the
east half of Block l20,as an Historic District,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the following described property in the City
of Delray Beach, Florida, is hereby designated as an Historic District:
J
Block 125, excluding the south 250' of the north 488.6'
of the west 100' of Block 125, along with that part of
Block 133 lying west of the Intracoastal Waterway,
together with the east half of Block 118, along with all
of Block 126, together with that portion of Block 134
lying west of the Intracoastal Waterway, along with the
east half of Block 119, together with all of Block 127,
along with the east half of Block 120, and all of Block
128, all within the Town of Linton Plat, as recorded in
Plat Book 1, Page 3, Palm Beach County Records.
j
j
Section 2. That the Planning Director of the City of Delray
Beach, Florida, shall, upon the effective date of this ordinance, amend
the Zoning Map of Delray Beach, Florida, to show, in an overlay manner,
the above designation.
j
j
Section 3. That this ordinance shall become effective ten days
after passage on second and final reading.
PASSED AND ADOPTED in regular
reading on this the ____ day of
session on second and
, 1988.
final
~
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
,~
MEMORANDUM
TO:
WALTER O. BARRY - CITY MANAGER
LULA BUTLER - DIRECTOR, COMMUNITY IMPROVEMENT ~
FROM:
SUBJECT: MARINA DISTRICT
DATE: NOVEMBER 1, 1988
Attached please find the agenda request for the Marina District that
is being submitted for first reading as requested by the Historic
Preservation Board.
The Historic Preservation Board formally held a public hearing on
Thursday evening, October 27th in the Commission Chambers. Copies of
transmittal letters from property owners are included in the agenda
packet.
The Preservation Board is proceeding with the first reading and public
hearing under the ordinance to establish the Marina District.
LB:DQ
Attachment
A:MarinaDist.CM
Lu1a-2
j&
. .
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DESICNATION REPORT
,s
MARINA HISTORIC DISTRICT
I. PURPOSE.
II. LOCATION.
1I1~ DISTRICT INVENTORY.
IV. HISTORICAL AND ARCHITECTURAL SICNIFICANCE.
V. PRESENT USE, CONDITION AND ZONINC.
VI. IMPACT.
VII. RESOLUTION.
,
Delr.y BRch Historic Preserv.tlon BOlIrd
October 27, 1988-.
MARINA HISTORIC DISTRICT
I. PURPOSE
The Purpose of the Marina Historic District is to:
A.
Provide a
significant
Marina area.
legal ,framework and incentive for protecting
historic buildings and natural resources in
the
the
B. Accentuate the existing structures with design guidelines for
complimentary alterations or new construction.
C.
To spotlight the civic
architects Sam Ogren.
Gulfstream's Henry Pope.
contributions by National
Sr.. Gustav Maass. John
Register
Volk. and
D. Encourage community pride in Delray Beach's rich and
interesting architecture. street scapes. flora and culture.
II. LOCATION
The Marina Historic District is bounded by East Atlantic Avenue on
the north; S.E. 4th. Street on the south; the Intracoastal Waterway
on the east. The western boundary is as follows; S.E. 7th. Avenue
from E. Atlantic Avenue. south to S.E. 1st. Street (excluding lots
12 through 21 in block 125). west on S.E. 1st. Street to the alley
in the middle of block 118. south through block ll9 and the east
half of block 120.
'I
III. DISTRICT INVENTORY
A. The Marina Historic District is comprised of:
l. Contributing Buildings 51
2. Non-Contributing Buildings 45
B. The Contributing Buildings were built in:
1. 1922 - 1938 40
2. 1939 - 1943 11
C. The 51 Contributing Buildings represent the following
architectural styles:
1- Art Moderne 2
2. Colonial Revival 2
3. Bungalow 2
4. Vernacular 3
5. Mediterranean Revival 14
6. Cottage 23
7. Monterey 2
8. Mission 3
Marina Historic District
Page Three
.;,..
IV. HISTORIC AND ARCHITECTURAL SIGNIFICANCE (Continued)
District attractions include:
5. Marine Villas, . 110 Marine Way, built in 1937 and designed by
Architect Sam Ogren, Sr. The villas are Mediterranean Revival
in style and are in excellent condition.
6. The Fontaine Fox Cottages at 238, 232, 228 and 222 S.E. 7th.
Avenue, between S.E. 2nd. and S.E. 3rd. Streets (west side),
built in 1937 are excellent examples of the Florida Cottage
Style of the time, designed by Architect John Volk. Fontaine
Fox, a famous cartoonist and the creator of "Toonerville
Trolly", was a notable winter resident of Delray's artist
colony.
7.
One of the great visual attractions, which enhances the
architectural styles, both past and present, of the
District is its landscape and Royal Palm trees. Part
District was once the Blank's Nursery, founded early
century.
varied,
Marina.
of the
in the
8. 48-46 Marine Way (1924c.) Early Mission Style townhouses barged
up the Intracoastal in the 1930's from the Boca Raton Hotel.
V. PRESENT USE, CONDITION AND ZONING
A. Condition-
The condition of the buildings and the neighborhood include:
1. Most of the buildings are well maintained.
2. Most of the contributing buildings are unaltered.
3. All of the commercial buildings are well maintained with
the exception of 714 E. Atlantic Avenue (Patio Delray),
also known as Ostro Building.
4. Good condition but cosmetic repairs needed.
B. Current Zoning -
1. Lots fronting on E. Atlantic Avenue and lots 9, lO, II, 44,
45, 46, 56, 57, 58, 91, 92 and 93 of Palm Square Unrecorded
in blocks 125 and 133 are zoned Central Business District.
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Community
Redevelopment
Agency
Delray Beach
October 27, 1988
Ms. Pat Healy, Chairperson
Delray Beach Historic Preservation Board
Ci ty Hall
100 N.W. 1st Avenue
Delray Beach, FL 33483 re: Marina Historic District
Dear Hs. Healy:
This Agency was created by the City Commission to rebuild
those areas of the City which have become obsolete, which
cannot function efficiently or which do not live up to their
potential based on location. The Agency has unique powers
to assemble land, pay for losses inherent in land assembly
and to market land for new and productive uses.
We also are sensitive to other values in the community
including the need to preserve buildings and places which
have true historic value. We have supported Old School
Square since its inception.
However, our Board is of the opinion that there is a major
difference between the preservation of truly worthwhile
buildings and attempts simply to prevent change by cordoning
off buildings of questionable character just because they are
old. Huch of the housing stock described as "Florida Cottage"
is simply a group of small winter vacation homes without any
important architectural or historic heritage.
Because of the CRA's charge to rebuild many parts of our main
street, Atlantic Avenue, we strongly object to your declaring
the Atlantic Avenue frontage, and the block behind it, as
part of an historic district. We believe that the City
Commission will agree with our concerns.
Therefore, we request that you reconsider the proposed boundaries
of the District, that you confer with our agency before taking
other steps, and that you do not precipitate an inter-agency
confrontation in the light of our strong objections.
cc: City Commission
City l1anager
City Attorney
CRA members
Robert Federspiel
S~y,
Tom ~Yn~7A~Y~
Chairman /RECEIVED
OCT2888
CO......UN'rvll...PROVEMEMT
AD"',"'STAAT'ON DIVlalON
64 S.E. 5th Avenue. Delray Beach, Florida 33444
(305) 276-8640
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DON"'LD .... .ETTEX .
R"'LPH W. "ELSTEN
ELLEN T. GR.....".
J"'NNET L. GURI"'N
MELVYN H. H"'LPER
E'LEEN HO....M...N.'
ST"'NLEY KATZM"'N
THOM"'S N. KELTNER, .JR.
JOHN L. LOEHRJI
ROBERT....M...CHLEDER
PETER L. M...LKIN'.2
Ell R. M...TTlOL'
"'RTHUR J. MENOR'-
MITCHELL.J. NELSON
M...RTlN D. NI:WM...N
LAN NY .... OPPENI1EIM
RO.LRT D. SCH"'CH"'T
RICH...RD A. SH"'PIRO
"'LVIN SILVERM"'N
C. MICH...EL SPERO'
RO.ERT I. WEISSM"'NN
LAWRENCE .... WI EN
6
WIEN, MALKIN & BETTEX
,.
COUNSELLORS AT LAW
DOUGLAS D. ...RONIN
D"'VID J. .LECKNER2
JILL L. BROOKS
ROBERT C. .UF"
CHRISTOPHER W. .URD'CM,J1
D"'V'D $. DRO.NER'.
EILEEN M. EF"INGER
SHELDON M. GOLD"''''NJI
AO.ERT L. OORDON
ST"'NLEY e. GRELNE
CH"'RLES RY"'N HICI(M"'N'.
D"'VID .. HIRSCMHORN
M...RC.... E. KUSNI:TZ
"''''AK LA.ELL
OAYN'" K. LANO,....N
ROCHELLE LAU"ER
J"'MES D. M"'RK52
"'L1S0N J. OK'N"'KA
GREGORY J. PETERSON
LYNN PI:TI:RSON'.<I
TZIPPOR...H R. ROSI:N.LATT'
I:LLEN S. RUDIN
LAURENCE J. S"'NDERS
M'CH"'EL H. SPIEGEL
LI:ON...RD N. T"'NNEN
JUDITH 1:. TMO"'PSO"l
JEF,.REY W"'LKER2
306 ROYAL POINCIANA PLAZA
POST OFFICE DRAWER 270
PALM BEACH. FLORIDA 33480-4020
TELEPHONE; 14071 833.3700
TELECOPIEB; 14071 6&9 . 158115
60 EAST 42-D STREET. Np:w YORK, N. Y. 101615.00U~
TE.LEPHONI'!.UU~1 687-8700 . TELEGOPlEB "11"'986-7679
TELEX; 494blOl84
October 26, 1988
. RESIDENT IN "LO'UD...
I "'LSO... MEM.ER 0,. "LORIO... ....A
2 "'LSO'" ME"'BER 0" CONNECTICUT ....A
JI "'LSO A MEMIlER OF NEW JERSEY IS...R
.. "'LSO A MEMBER 0.. C"'U"ORNI... ....R
. "'DMITTED IN FLORID... ON-LY
VIA FEDERAL EXPRESS
C"'RLO R. CA....UZZI
0.. COUNSEL
Ms. Patricia Healy, Chairman
Delray Beach Historic Preservation Board
City of Delray Beach
100 N.W. lst Avenue
Delray Beach, Florida 33444
Re: The Boyd-Banner Buildings, 802-840 East
Atlantic Avenue; and the Patio Delray
Building, 714 East Atlantic Avenue (the
"Buildinqs")
Dear Ms. Healy:
We represent Mr. Burton Handelsman, who owns or
speaks for the owners of the referenced Buildings, located
upon property within the proposed Marina Historic District.
Mr. Handelsman strongly disagrees with any sug-
gestion that the Buildings have continuing historical,
archi tectural or artistic merit. To the contrary, all of
the Buildings have been, over time and out of necessity,
substantially altered and modernized by repairs or other-
wise. Perhaps unfortunately, such alterations have
substantially changed and greatly diminished the original
character of the Buildings. As of today, the Buildings have
all but lost their original and true designs, lines, and
architectural artistry. They no longer under any objective
view represent shining or even minor examples of classic
designs or architectural schools of thought and are there-
fore of little or no continuing historical merit.
WIEN, MALKIN & BETTEX
Ms. patricia Healy, Chairman
October 26, 1988
Page 2
Under the circumstances, historic designation of
the Buildings would truly impose an unfair burden upon
their owners, and it would make no sense to nevertheless
impose such designation.
objects to the
Buildings, and he
in all fairness,
Historic District.
For the foregoing reasons, Mr. Handelsman strongly
proposed historic designations of the
respectfully submits that the Buildings,
be excluded from the proposed Marina
Sincerely,
WIEN, MALKIN & BETTEX
DSD/lkg/40869
Enclosures
cc: Mr. Burton Handelsman
Arthur J. Menor, Esquire
15431-10037
J:r~ S- L~
David S. Drobner
DC' ti- (~.u ,j.-(..] / 7' (rr?
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October 25,.,1988
Pat Healy, Chairman
Historic Preservation Board
City Hall
100 N. W. 1st Avenue
Delray Beach, FL 33444
Dear Pat:
I have reviewed the designation report for the Marina Historic
District and cast my vote in approval.
I cannot attend the public hearing due to a previous commitment
but this letter shall serve as my support for the District.
;:J;;i'~
David Nartin
D~I:mc
David Martin
Architect
32 East Atlantic Avenue
Suite 201
Delray Beach. Florida 33444
Telephone: 243-4654
.
.
I
ORDINANCE NO. 157-88
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DEL RAY BEACH, FLORIDA, AMENDING CHAPTER 172, "SUBDIVI-
SION CODE". OF THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, FLORIDA, BY AMENDING SECTION 172.03,
"DEFINITIONS". "STREETS", SUBPARAGRAPH (6), "PRIVATE
STREET". TO CORRECT A SCRIVENER'S ERROR; 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 FOLT,OWS:
Section 1. That Chapter 172, "Subdivision Code". Section 172.03, "Defini-
tions", "Streets". Subparagraph (6), "Private Street", of the Code of Ordinances of the
City of Delray Beach, Florida. be and the same is hereby amended to read as follows:
(6) "Private Street". Any street which is has not been dedicated t&-tfte for
public use and not accepted for ownership and maintenance by the city. Setbacks for
private streets shall be measured from the access easement line.
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 this ordinance shall become effective ten (0) days after its
passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this
the day of , 19
MAYOR
ATTEST:
J
City Clerk
First Reading
Second Reading
-.
(q
l\l~
[Iry Dr DElRR~r BER~l~
CITY ATTORNt;V'S OFF Ice
I, S
:" S If,.! : :
"
I), ! I.: \ '1 III .\(11. J J {J!,ii
../,. ''':,"
II ! j ! ..j.::;"" ~;-l -::' _~-",
MEMORANDUM
Date: November l4, 1988
To: Walter O. Barry, City Manager
From: Herbert W. A. Thiele, City Attorney
Subject: Revision to S 1 72.03 Regarding Private Streets Definition
Attached please find a copy of Gerry Church's memo requesting that our
office prepare an ordinance to correct an incorrectly transcribed portion of
the Code of Ordinances. Also attached is the ordinance correcting same.
We would appreciate it if you could schedule this for an upcoming agenda.
ifr
HT:jw
Attachments
cc: Gerry Church, City Engineer
/q
, DEPARTMENTAL [ITY DF
" . _~o:=~~:,~~~~~o~~Er~_l~lELRRY BERtH
,"OM~"',"~": C":UCOh ,cay Engineect :?~;:; :.;;:.'.1' ~~
SUBJECT .____
. Revisio.n.....t.oCj,j;.y' p . CQQ.!,!__Qf: QI:dinanc€!?
DATE 8/9/88
Under Subdivision Code 172.03 Definitions - (6) Private street
should read as follows:
any street which has not been dedicated for public use and
not accepted for ownership and maintenance by the City.
Setbacks for private streets shall be measured from the
access easement line.
It was incorreclty transcribed from old Ordinance.
KED:GBC:ji
cc: Dave Kovacs
t
eM 362
TI-l1= E1=1=()"'T Al WAV", M ^TT"""
ORDINANCE NO. 158-88
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH. FLORIDA. CHANGING THE
CITY'S LAND USE PLAN DESIGNATION IN THE
COMPREHENSIVE PLAN FOR LOTS 1 AND 2. BLOCK
"D". JOHN B. REID'S VILLAGE. DELRAY BEACH.
FLORIDA. ACCORDING TO THE PLAT THEREOF ON
FILE IN THE OFFICE OF THE CLERK OF THE
CIRCUIT COURT IN AND FOR PALM BEACH COUNTY.
FLORIDA. RECORDED IN PLAT BOOK 21. PAGE 95.
FROM P (PUBLIC) TO MF-15 (MULTIPLE FAMILY
15 UNITS/ACRE): SAID LAND IS LOCATED AT THE
SOUTHEAST CORNER OF MIRAMAR DRIVE AND VENE-
TIAN DRIVE: AMENDING THE LAND USE PLAN:
PROVIDING A GENERAL REPEALER CLAUSE; PROVID-
ING A SAVING CLAUSE; PROVIDING AN EFFECTIVE
DATE.
.
NOW. THEREFORE. BE IT ORDAINED BY THE CITY
OF THE CITY OF DELRAY BEACH. FLORIDA. AS FOLLOWS:
COMMISSION
Section 1. That the legal description of the subject
property is as follows:
Lots 1 and 2. Block "D". JOHN B. REID'S
VILLAGE. Delray Beach. Florida. according to
the Plat thereof on file in the Office of the
Clerk of the Circuit Court in and for Palm
Beach County. Florida. recorded in Plat Book
21. Page 95.
The subject property is located at the
southeast corner of Miramar Drive and Vene-
tian Drive. Delray Beach. Florida.
The above-described parcel contains a 1.04
acre parcel of land. more or less.
~ction 2. That the Land Use Plan deSignation of the
subject property in the Comprehensive Plan adopted by Ordinance
No. 65-79 is hereby changed to MF-15 (Multiple Family 15
uni ts /acre).
Se~tjon 3. That the Planning Director of the City of
Delray Beach shall. upon the effective date of this ordinance.
change the Land Use Plan of Delray Beach. Florida. to conform
with the provisions hereof.
Section 4. That all ordinances or parts of ordinances
in conflict herewith be. and the same are hereby repealed.
Section 5. 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.
Se~tion R That this ordinance shall become effective
immediately upon passage on second and final reading.
J.o
.
PASSED AND ADOPTED in
final reading on this the
regular session
day of
on second and
. 1988.
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
.
j
.
- 2 -
Ord. NO. 158-88
.
URDINANCE NO. 159-88
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH. FLORIDA. AMENDING THE
TEXT OF THE LAND USE ELEMENT OF THE COMPRE-
HENSIVE PLAN BY CREATING A LARGE SCALE MIXED
USE DEvELOPMENT DESIGNATION. WHICH LAND USE
CATEGORY WILL BE SHOWN ON THE LAND USE PLAN
MAP IN AN OVERLAY MANNER AND WILL BE INTENDED
TO IDENTIFY THE APPROXIMATE LOCATION OF AREAS
WHIcH MAY BE SUITED FOR SUCH LARGE SCALE
MIXED USE DEVELOPMENT: PROVIDING FOR A
DEFINITION AND CRITERIA: PROVIDING A GENERAL
REPEALER CLAUSE: PROVIDING A SAVING CLAUSE:
PROVIDING AN EFFECTIVE DATE,
NOW. THEREFORE. BE IT ORDAINED BY THE CITY COMMISSIOH
OF THE CITY OF DELRAY BEACH. FLORIDA. AS FOLLOWS:
S~~~ion 1. That the text of the Large Scale Mixed Use
Development is as follows:
The general dev,,".lnpment. phil"p,ophy of the City of
Delray Beach is to maintain a village-like community.
However. in certain locations it is necessary to
accommodate a more intensive scale of development in
order to achieve redevelopment or the arresting of
decaying and/or blighted areas. The application of the
"Large Scale Mixed Use" land use designation (In certain
properties provides one avenue for achieving this need.
Th", "Larg'" Scale Mix",d Use" designation shall be shown
on the Land Use Map in t.h", fo llowi ng manner:
its outer perimeter shall be clearly delin-
eated and shall include such features as
waterways. waterbodies. property lines. and
major st.reetg;
it, shrill be an overl."\y which is imposed upon
the underlying land use designations:
t.he legend shall refer t.t'l the Land Use
Element text for the mAnner in which develop-
ment within the designation is pursued.
The "Large Scale Mixeti Use" concept. is defined and
pursued as follows:
it includes the horizontal '1nd/or vertical
relationship of office. retail. residential.
service. and recreational land uses (or any
combination thereof) within a single. unified
development:
it shall generally be in excess of ten (10)
cont.iguous acres:
the actual development shall be processed and
approved through the City's Special Activi-
t.!.." Di"trict (SAD) zoning designation. At
the time that SAD zoning is sought. a deter-
mination of consistency with other relevant
aspects of The Comprehen"lve Plan must be
made. along with establishment of the mix and
intensity of land uses:
1-1
.
tn ord~r to asstst th~ City in m~kin~ a
determtnation rel~tive to intensity of use,
",t. a minim'lm. the following it.ems mU!"t. be
presented with the SAD zoning petition:
a traffic impact study;
'" water rlemand and sewer impact study:
an economic feasibility study;
an adjacent property impact study. said
study to address physical relationships
of the project to adjacent properties:
a schematic design showing the general
character of the development and its
relationship not only to adjacent
properties but to community landmarks
and design features.
in order t,o assist the City in making a
determination relative to the mix of use. t,he
following shall be ohserved:
the land llses which are allowed shall be
the same as shown as the underlying or
base land uses on the Land Use Map;
the mix may be
following approach
t,ional approach":
established
called the
by the
"tradi-
(a) show on a site plan what one would
expect to see if the property were
developed independently for each of
the underlying land use designa-
tions under (then) current market
conditions. e.g.. a commercial site
plan for that land with a commer-
cial designation and a residential
site plan for that land with a
residential designation.
(b) mix the comll\f>.rcial and/or office
and/or service floor area from the
commercial sit.e plan wit.h the unit
count from the residential site
plan and des ign an int,egrat.ed use
(mixed us",) over the entire site:
the mix may be
following approach
ratio approach":
es ta blis hed
c'-llled the
by the
"maximum
(a) show on '-I site plan the maximum
feasible commercial/office/service
devo>.lopment for. the land which is
designated as such by the underly-
ing or base land use. This maximum
must be feasible from a marketing
standpoint. e.g.. general retail on
the fourth st.ory of a structure
would not, be cons idered reasonable
from a marketing standpoint. It
shall reflect development to
maximum limits without the use of
variances. conditional use mecha-
nisms. or administrative relief for
- 2 -
Ord. No. 159-88
.
parking arrangements. However. in
no event shall the ratio of floor
area to lot area exceed the factor
of .675:
(hI !'how on a site plan the maximum
feas i ble rei'; J.dent,ial development
for the land which is designated as
such by the underlying or base land
use. Again. variances. conditional
us",. and administrative r",lief
procedures shall not be considered:
(c) mix the land uses in a ratio
consistent with what would be
achieved under maximum utilization;
for example:
150.000 sq.ft. retail/office + 100
units. or
75.000 sq.ft. retail/office + 50
units. or
50.000 sq. ft. retail/office + 33
units. etc.
the program for build-out
(phasing) shall be included in
the SAD pet.ition and shall
require that each phase of
development be completed in
accordance with the ratio,
Usi.ng t.h", above f>xamples. 1'.he
ratio would he that for each
1.500 sq. ft. of retail or
office URe. ther", would be one
residential unit.
In the event 1',hl'l1', propert.y own",rs choose not to proceed
under the "Large Scale Mixed Use" designat.ion. develop-
ment shall be consistent with the underlYing or base
land use des ignat ions as de l1neat,ed on the Land fIse
Map,
'.
The designation of "Large Scale Mixed Use" does not
require t,he City 1',0 ultimately approve such a project.
If. after review of thf> SAD zoning petition. accompany-
ing materials. and !lRSeSsment of the project against
other aspects of the Comprehensive Plan and good zoning
principles. it is determined that the proposed proj",ct
is not in the overall best.interests of the City. it
may be rejected and development shall proceed per the
underlYing or base land use deSignations.
Section 2. That the Planning Director of the City of
Delray Beach shall. upon the eff",ctive date of this ordinance.
amend the text of the Land Use Plan Element of Delray Beach.
Florida. to conform with the provisions hereof.
Section 3. That all ordinances or parts of ordinances
in conflict herewith be. and the same are hereby repealed,
Section 4. That should any section or provision of
this ordinance or any portion thereof. any paragraph. sentence.
or word be declared by a Court of competent jurisdiction to be
invalid. suchl decision shall not affect the validity of the
remainder hereof as a whole or part thereof other than the part
declared to be invalid.
- 3 -
Oid. No. 159-88
5~~ti~n 5. That this ordinance shall become effective
immediately upon pass~~e on second and final reading.
PASSED AND ADOPTED in regular session
final reading on t.his t.he ___ day of .._ ____
on second and
. 19_.
MAY 0 R
ATTEST:
City Clerk
First Reading _______ __...._
Second Reading
- 4 -
Ord. No. 159-88
ORDINANCE NO. 160-88
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DEL RAY BEACH. FLORIDA. CHANGING THE
CITY'S LAND USE PLAN DESIGNATION IN THE
COMPREHENSIVE PLAN FOR A PARCEL OF LAND LYING
AND BEING IN SECTION 9. TOWNSHIP 46 SOUTH.
RANGE 43 EAST. PALM BEACH COUNTY. FLORIDA, TO
ACCOMMODATE THE OVERLAY DESIGNATION OF LARGE
SCALE MIXED USE DEVELOPMENT; SAID LAND IS
LOCATED ON THE EAST SIDE OF NORTH FEDERAL
HIGHWAY. BETWEEN ALLEN AVENUE AND THE DELRAY
DRIVE-IN THEATER; PROVIDING A GENERAL REPEAL-
ER CLAUSE; PROVIDING A SAVING CLAUSE; PROVID-
ING AN EFFECTIVE DATE.
NOW. THEREFORE. BE IT ORDAINED BY THE CITY
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
COMMIS~~ON
. III
s peO!;r i-
Section 1. That the legal description of a
cally affected parcel is as follows:
All of the North 324.04 feet of Lot 38. Subdivision of
Section 9. Township 46 South. Range 43 East, Palm Beach
County. Florida. lying east of the East Right-of-Way
line of the Federal Highway. being State Road 5, and
extending to the Intracoastal Waterway, as per Plat
recorded in Plat Book 8 at Page 40 of the Public
Records of Palm Beach County, Florida; and Tract "A",
SNOW HILL. according to the Plat thereof recorded in
Plat Book 21. Page 83 of the Public Records of Palm
Beach County. Florida.
Se0~ion 2. That the Land Use Plan designation of the
subject property as shown on the Comprehensive Plan is hereby
amended to affix the designation of a Large Scale Mixed Use
Development Overlay,
Section 3. That the Planning Director of the City of
Delray Beach. Florida. shall. upon the effective date of this
ordinance. change the Land Use Plan of Delray Beach. Florida. to
conform with the provisions hereof.
Section 4. That all ordinances or parts of ordinances
in conflict herewith be. and the same are hereby repealed.
J
Section 5. 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.
Sec~ion 6. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and
final reading on this the day of . 19___.
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
"j/"V
C I T Y
COM MIS S ION
DOC U MEN TAT ION
TO: WALTER O. BARRY, CITY MANAGER
FROM: DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
WJ.~\J~
SUBJECT: MEETING OF NOVEMBER 22, 1988
AGENDA ITEM
FIRST READING OF ORDINANCES ASSOCIATED WITH LAND USE
PLAN AMENDMENT 88-2
ACTION REOUESTED OF THE COMMISSION:
The action requested of the Commission is that of
first reading of three ordinances each of which is an
amendment to the current City Plan.
The amendments involve the fOllowing:
creation of the designation of Large Scale Mixed
Use as a Land Use Plan Category;
application of the new designation to what is
known as the "Marina Caye- site; and,
a change in the Land Use Map from "P" to "MF-15"
for City owned property at Miramar and Venetian.
BACKGROUND:
The first two items, dealing the Large Scale Mixed Use
deSignation, have been before the City Commission on several
occasions. The designation is being created, at this time, to
(possibly) accommodate the proposed Marina Caye project located
along North Federal Highway. The third item is a prerequisite to
the sale of this City owned land. Proceeds from the sale will go
toward the funding for Fire Station #2.
7-o-2--/-1-V
To: Walter o. Barry, City Manager
Re: First Reading of Ordinance Associated With Land Use
Plan Amendment 88-2
Page 2
These matters have heretofore been reviewed through the State
Review Process. Comments have been received. The first two
items have been reviewed further by the Planning and zoning
~ca~~. and changes have been made to reflect review
comments.
This proposed amendment (group) constitutes the second
amendment for this year. Action must be taken in
otherwise, if enacted in 1989, the City will not be
process another major amendment until post adoption
comprehensive plan update, i.e. not until mid-1990.
plan
1988;
able to
of the
The process is that of first reading at this
hearing and second reading at the December
commission.
time and then public
l3th meeting of the
planninq and Zoninq Board Recommendations: Regarding the City
owned property, the Board has previously recommended approval of
the change from "P" to "MF-15". Detailed documentation was
provided at the time that the Commission reviewed this matter
prior to sending it to the state for review.
Regarding the Large Scale Mixed Use designation and its
application, the Board will make a formal recommendation at its
meeting of November 21st. However, the Board has already met in
a work session and has provided direction for wording as
presented in the draft ordinance. Attached is the Board's staff
report.
ALTERNATIVE ACTIONS:
It is necessary that first reading be conducted at this time so
that the process can be completed during this calendar year.
However, the commission may want to have the Large Scale Mixed
Use issue reviewed at a special work session on November 29th
prior to its formal consideration on December 13th.
RECOMMENDED ACTION:
By motion: Approve the three ordinances on first reading and a
set public hearing date for December 13, 1988.
Attachment: _ P&Z Memo Staff Report for November 21, 1988
-.ordinances (Three - By Others)
REF/DJK*33/tP/A:CCAMEND.TXT
MEMORANDUM
S T A F F
REPORT
FROM:
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH
-SVo
ID J. KOVACS ~TOR
DEPARTMENT OF PLANNING AND ZONING
TO:
SUBJECT: AGENDA ITEM V. A
REGULAR MEETING OF NOVEMBER 21, 1988
REVISED TEXT FOR LARGE SCALE MIXED USE. LAND USE MAP
DESIGNATION
ITEM BEFORE THE BOARD:
..
The action requested of the Board is that of forwarding a:
recommendation to the City Commission with respect to:
revised wording for the text of a land use plan amendment t
which establishes the category of "Large Scale Mixed Use".
In a companion action, the Board should also recommend
whether or not the designation should be applied to the 11.2
acres commonly known at the "Marina Caye Project" site.
BACKGROUND:
This proposed Land Use Plan (map) amendment has been under
consideration for quite some time. See the background data which
was prepared for the Board' s work session held on November 3rd
for a complete chronlogy of preceeding events.
The proposed amendment and affixing the designation to the Land
Use Map is before the Board at this time since the City
Commission is now considering the enactment of the second Land
Use Plan Amendment for the year 1988. The Commission will be
holding public hearings on the Plan Amendment on November 22,
1988, and on December 13, 1988.
ANALYSIS:
A complete analysis of the proposed changes to the original text
was prepared for and discussed at the work session on November
3rd. At that work session, the Board felt that the question of
how to determine the maximum amount of non-residential use which
can be applied could stand as recommended by staff but that a
"cap" be created. The cap would be a ratio of floor area to lot
..
To: Planninq and Zoning Board
Re: Revised Text for Large Scale Mixed Use,
Land Use Map Designation
Page 2
area. Two site plans were reviewed at the work session. These
site olans had a ratio of approximately .25 and .45. The .25
ratio was for a standard, single story, strip facility. The .45
ratio was for a four story structure with surface parking.
Subsequent to the work session, the Planning staff developed
ratios for more than 100 projects which have had site plans
approved by the City. The result of that analysis shows the two
site plans which were reviewed to be representative. The list of
projects and their respective ratios are attached.
Based upon the factor that the Large Scale Mixed Use designation
is meant to encourage redevelopment, it is appropriate to provide
for an increase in the amount of non-residential development
which would be allowed if one strictly adherred to the base land
use designation (in the case of Marina Caye, commercial). When
the matter was before the City Commission previously, a factor of
a 20% increase was suggested. That figure appears low especially
since it was initially to be applied to lot area and not to floor
area. Lacking a more sophisticated analysis, the considerationt
of increasing by one-half the (normally) allowable commercial use
area seems quite generous. Applying the factor of 1.5 times the
ratio of .45 for the site plan reviewed at the worksession, the
maximum ratio would be .675. This is the ratio which is
recommended by the planning Director.
Other aspects of the proposed text seemed agreeable to the Board
and no alterations are suggested. Only the proposed text,
along with insertion of the maximum ratio, is provided with this
documentation. Please refer to the worksession materials for the
history and detailed analysis.
RECOMMENDED ACTION:
By motion, recommend adoption of the proposed text for a large
scale mixed use designation with a maximum ratio of .675.
And, by motion, recommend that the new designation be applied to
the approximately 11.2 acre parcel known as the "Marina cay"
site.
Attachments:
language for the proposed text amendment
Marina Caye location map
c:
Richard Brautigan, Agent
REF/DJKI35/PZLSMU.TXT
,. ..
DRAFT TEXT - LARGE SCALE MIXED USE
11/03/88
The following is a proposal for text to be added to the Land Use
Element of the City's existing Comprehensive Plan. It would
establish the designation of "Large Scale Mixed Use". It is
based upon the "maximum ratio" approach for determining density
and intensity of use. It also accommodates review comments which
have previously been made to the City.
"The general development philosophy of the City of Delray Beach
is to maintain a village-like community. However, in certain
locations it is necessary to accommodate a more intensive scale
of development in order to achieve redevelopment or the arresting
of decaying and/or blighted areas. The application of the "Large
Scale Mixed Use" land use designation on certain properties
provides one avenue for achieving this need.
The "Large Scale Mixed Use" designation shall be shown on the
Land Use Map in the following manner:
its outer perimeter shall be clearly delineated and
shall include such features as waterways, waterbodies,
property lines, and major streets;
it shall be an overlay which is imposed upon the
underlying land use designations;
the legend shall refer to the Land Use Element text for
the manner in which development within the designation
is pursued.
The "Large Scale Mixed Use" concept is defined and pursued as
follows:
it includes the horizontal and/or vertical relationship
of office, retail,
recreational land uses
within a single, unified
residential, service, and
(or any combination there of)
development;
it shall generally be in excess of ten contiguous
acres:
the actual development shall be processed and approved
through the City's Special Activities District (SAD)
zoning designation. At the time that SAD zoning is
sought, a determination of consistency with other
relevant aspects of The Comprehensive Plan must be made
along with establishment of the mix and intensity of
land uses:
in order to assist the City in making a determination
relative to intensity of use, at a minimum, the
following items must be presented with the SAD zoning
petition:
a traffic impact study;
a water demand and sewer impact study;
an economic feasibility study;
an adjacent property impact study, said study to
address physical relationships of the project to
adjacent properties;
a schematic design showing the general character
of the development and its relationship not only
to adjacent properties but to community landmarks
and design features.
in order to assist the City in making a determination
relative to the mix of use, the following shall be
observed:
the land uses which are allowed shall be the same
as shown as the underlying or base land uses on
the Land Use Map;
the mix may be established by the following
approach called the "traditional approach":
a) show on a site plan what one would expect to
see if the property were developed
independently for each of the underlying land
use designations under (then) current market
conditions e.g. a commercial site plan for
that land with a commercial designation and a
residential site plan for that land with a
residential designation.
b) mix the commercial and/or office and/or
service floor area from the commercial site
plan with the unit count from the residential
site plan and design an integrated use (mixed
use) over the entire site:
the mix may be established by the following
approach called the "maximum ratio approach":
a) show on a site plan the maximum feasible
commercial/office/service development for the
land which is designated as such by the
underlying or base land use. This maximum
must be feasible from a marketing standpoint
e.g. general retail on the fourth story of a
structure would not be considered reasonable
from a marketing standpoint. It shall
reflect development to maximum limits without
the use of variances, conditional use
mechanisms, or administrative relief for
parking arrangement.s.... \..loYle'i't/\, i'\\ no e.~C'\t 'Sh-all "'I.e.
flllho cf; .flocn 2/lea ~ lei aneo.. e~cee'"
2 - th(. .fadlSl of ., 75".
b) show on a site plan the maximum feasible
residential development for the land which is
designated as such by the underlying or base land
use. Again, variances, conditional use, and
administrative relief procedures shall not be
considered;
c) mix the land uses in a ratio consistent with what
would be achieved under maximum utilization; for
example:
150,000 sq. ft.
75,000 sq. ft.
50,000 sq.ft.
retail/office +
retail/office +
retail/office +
lOO units,
50 units,
33 units,
or
or
etc.
the program for build-out (phasing) shall be
included in the SAD petition and shall
require that each phase of development be
completed in accordance with the ratio.
Using the above examples the ratio would be
that for each l,500 sq.ft. of retail or
office use, there would be one residential
unit.
In the event that property owners choose not to proceed under the
"Large Scale Mixed Use" designation, development shall be
consistent with the underlying or base land use designations as
delineated on the Land Use Map.
The designation of "Large Scale Mixed Use" does not require the
City to Ultimately approve such a project. If, after review of
the SAD zoning petition, accompanying materials, and assessment
of the project against other aspects of the Comprehensive Plan and
good zoning principles, it is determined that the proposed
project is not in the overall best interests of the City, it may
be rejected and development shall proceed per the underlying or
base land use designations."
REF/DJK*35.LSMU2.TXT
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CITY OF OEI...RAY EEACH
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Owner
Seacrest ConIlIercial Pk-"'operties, Ltd.
Delcay Beach, Florida
Beril Kruger , Associates
Agent
Location of property________ East side of North Federal Highway
north of Allen Avenue, South of Delray
Drive-In.
Size 11.J!,. acres (partial)
Existing Plan Designation___ Frontage _ C (1.19l acres)
rear to Intracoastal - MF-lO (9.69
acres). Lot in Snow HllI - SF
(.47 acres)
I,.
\
,
Jurisdiction
County, eligible lor annexation
Former mobile home park, club house,
2 SF residences, package treatment
plant remain.
Current use
REOUEST:
Change to Land Use Element_ h~€" ~Pt\.r ~/Y.fD t4tf O'iEfiVlY
Development Proposal
High intensity mixed ldnd use of
residential, retail, office, and
recreation.
Future development
approval actions
Rezoning, 1\....l!I,&L~L_, Site Plan
.
EMERGENCY ORDINANCE NO. 161-88
AN EM!>RGENCY ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE XVII,
"LAND USAGE" , CHAPTER 175, "SAFE NEIGHBORHOOD
IMPROVEMENT DISTRICTS", BY REPEALING SECTION 175.06,
"UTILIZATION OF TAX OR SPECIAL ASSESSMENT", TO
CLARIYI SAID REQUIREMENTS BY ENACTING A NEW SECTION
175.06, "J>.UTHORIZATION TO LEVY TAX", WHICH
AUTHORIZES THE WEST ATLANTIC AVENUE NEIGHBORHOOD
IMPROVEMENT DISTRICT TO LEVY AN AD VALOREM TAX ON
REAL J>~D PERSONAL PROPERTY OF UP TO 2 MILLS
ANNUALT"Y; AND BY ENACTING A NEW SECTION 175.065,
"SPECIAL ASSESSMENT AUTHORIZATION", TO AUTHORIZE THE
WEST ATLANTIC AVENUE NEIGHBORHOOD IMPROVEMENTS
DISTRICT TO USE SPECIAL ASSESSMENTS PURSUANT TO
CHAPTER 170, FLORIDA STATUTES; PROVIDING A SAVINGS
CLAUSE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, Florida Statutes, Section 166.041(3)(b) pr.ovides for
the adoption of ordinances on an emergency basis without the necessity
for prior advertisement and on one reading; and,
WHEREAS, the City Commission of the City of Delray Beach,
Florida, did, on October 25. 1988, adopt Ordinance Nos. 130-88 and
131-88 authorizing and creating the West Atlantic Avenue Neighborhood
Improvement District; and,
WHEREAS, t.he St:ate of Flol'ida Department of COllUlluni ty Affairs
has requested certain clarifying modifications be made to certain
provisions enacted by Ordinance No. 131-88, which amendments must be
adopted for submission to the Department of Community Affairs not later
than by the 29th of November, 1988, t.hus necessitating these amendments
being adopted by emergency ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CI'YY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Title XVII, "Land Usage", Chapter 175, "Safe
Neighborhood Improvement Districts", be, and the same is hereby, amended
by repealing Section 175.06, "Utilization of Tax or Special Assessment",
ill its entirety.
Section 2. That Title XVII, "Land Usage", Chapter 175, "Safe
Neighborhood Improvement Districts", be, and the same is hereby, amended
by enacting a new Section 175.06, "Authorization to Levy Tax", to read
as follows:
.:a.uthorization to levy tax. The West Atlantic
Avenue Neighborhood Improvement District is
authorized to levy an ad valorem t.ax on real and
personal property of up to 2 mills annually,
pursuant t.o the authorit.y of Florida Statutes,
Section 163.506(1)(c).
Section 3. That Tit.le XVII, "Land Usage", Chapter 175, "Safe
Neighborhood Improvement Districts", be, and the 3ame is hereby, amended
'7-'3
~--_._.~ - ...--------.- ---.--..
-11
II
i
i
i
by enacting a. new Section 175.065, "Special Assessment Authorization",
to read as follows:
Special Assessment Authorization. The West Atlantic
Avenue Neighborhood Improvement Dist.rict is author-
ized to use special assessmedts pursuant to Chapter
170, Flurida Statutes, to support planning and
implementation of district .i.mprovements. For the
purposes of making such assessments, the terms
"municipali ty" :lnd "<]overning board of the rnunici..
p31i ty" used in said Chapter 170, Flor.ida Statutes,
shall mean the distriGt and the board, respectively.
onlinance
declared
decision
whole or
Section 'i. That should any section or provision of this
or any portion thereof, any paragraph, sentence, or word be
by 11 Court of competent jurisdiction 1:0 be invalid, such
shall not affect the validity of the remainder hereof as a
part thereof other than the part declared to be invalid.
Section 5. That this ordinance shall become effective immedi-
ately upon its passage on its first and only reading, in accordance with
the provisions of Florida Statutes, Section 166.041(3) (b).
PASSED AND ADOPTED in regular session on this
November, 1988.
day of
MAY 0 R
ATTEST:
Ci ty Clel-k
First Reading
,:
ORD. NO. 161-88
II
MEMORANDUM
TO:
WALTER O. BARRY - CITY MANAGER
SUBJECT:
LULA BUTLER - DIRECTOR, CO~1UNITY IMPROVEMEN~,f5
AUBURN TRACE PRESENTATIONS TO CITY COMMISSION
FROM:
DATE:
NOVEMBER 17, 1988
Per the City Commission's direction we have publicly extended
invitations to interested developers to submit proposals for
development of the 38 acres of land known as Auburn Trace which
the City proposes to have developed into affordable rental units
for Delray Beach.
The advertisement was published with a deadline date of November
11, 1988 at 2:00 pm. Staff has received 2 proposals -- 1 from
the Auburn Trace Joint Venture Group who's principles include Tom
Henners, Jay FeIner, Roger Boos, Glenn Haggerty, Rick Brautigan
and Francis R. McAlonan, Jr., and 1 from the Briscoe Company.
Per your direction, I have scheduled the developers to make their
presentations before the City Commission on Tuesday, November 22,
1988. The same invitation has been extended to procacci
Development.
I have attached the 2 new proposals submitted for the City
Commission's review. Staff will be prepared to submit it's
review of the same prior to the City Commission's formal action
scheduled for the November 29, 1988 workshop meeting.
LB:DQ
Attachments
Lula2
A:Auburn.Pre
t.-tf
[ITY n~ n~Lnn... DEn["
100 NW. 1s1 AVENUE . DELAAY BEACH, FLORIDA 33444
October l3, 1988
.
305/243.7000
Mr. Phil procacci
401 West Linton Boulevard
De1ray Beach, FL 33444
Dear Phil:
This letter is in reference to your proposal submitted 9/23/88 which
described a fixed repayment schedule on the City's 20% match for the
Auburn Trace project.
Please be informed that according to the Finance Director's review of
your letter and fixed payment schedule, the modification was not
sufficiently different from the proposal that the City reviewed at
their meeting on 9/22/88. I have attached a copy of Dave Huddleston's
memo to Mr. Walter Barry dated 9/29/88 for your reference.
Per the City Commission's direction, we have publicly advertised for
~roposa1s from other developers. Developers have been given a 30-day
time period to submit complete proposals for a low to moderate
affordable rental development.
The City Commission will consider your proposal as part of this
submission, therefore, it is not necessary that you resubmit unless
you choose to make a new proposal. Should you decide to do that, the
proposal deadline has been established as November 11, 1988 at 2:00
pm. Otherwise, we will be reviewing your proposal as submitted at the
9/22/88 meeting along with the modification submitted on 9/23/88.
Please feel free to contact me if you have any questions.
Sincerely,
ofut~ J~
Lu1a Butler - Director
Community Improvement
LB:DQ
Attachment
cc: Walter Barry, City Manager
Disk-Lula 2
A:Procacci.RFP
THE EFFORT ALWAYS MATTERS
..-
[ITV DF DEf l{~ k{
CITY ATTORrJEYiS OFFICi
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MEMORANDUM
lJaLe: Novembel" 16, 1988
To, City Commission
From: Susan A. Ruby, Assistant City Attorney
Subject: Deferred Payment Plan Agreement
Enclosed for your approval is the agreement proposed to be used
by property owners who wish to take advantage of the deferred
payment plan for water/sewer connection fees, meter fees, and
transmission and storage fees.
This agreement meets the requirements of Truth in Lending Laws
and shall be recorded as a lien against the property.
Please do not hesitate to contact our office, should you desire
further information regarding this agreement.
c ;:21Z
's-AR:cl.
cc Walter o. Barry, City Manager
Robert Pontek, Director of Public Utilities
"7-S
This Instrument Was Prepared
By and Return To:
Herbert W. A. Thiele, Esq.
city Attorney
City of Delray Beach, Florida
310 S.E. 1st street, Suite 4
Delray Beach, Florida 33483
READ THIS DOCllMENT CAREFULLY BEFORE YOU SIGN:IT! Tf[[S DOalMENT OBLI-
GATES YOU TO PAY CERrAIN' FEES AND CHARGES ON AN rnSTALlMENT BASIS POR
WHICH FINANCE CHARGES ARE IMPOSED.
CITY OF OELRAY BEACH, FLORIDA
Utility Billing Payment Agreement for
Deferred payment Plan
ANNUAL
PERCENTAGE
RATE
The cost of
your credit
as a yearly
rate.
FINANCE
CHARGE
The dollar
amount the
credit will
cost you.
Amount
Financed:
The amount
of credit
provided to
you or on
%
$
$
Total of
payments:
The amount you
will have paid
after you have
made all payments
as scheduled.
$
This Agreement entered into this ____ day of
19__, between residing at
(hereinafter referred to as the "Customer") and the City of Oelray
Beach, Florida (the "city"), for the purpose of deferring certain
fees and charges required to be paid prior to oonnecting to the
City's Water andlor Sewer Systelll (the "COlIIbined PUblic Utility"), in
accordance with the terms and provisions set forth below. The
Customer HEREBY ELECTS TO PARTICIPATE in the City's DEFERRED PAYMENT
PLAN pursuant to City Ordinanoe No. 152-88, enacted by the City
commission of the City of Oelray Beach on November 22, 1988.
~:
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'"'"'<t't--,. ';.a;' -' : ,,--ti,
-.-. -............--
The Customer understands that the following is an
ITEMIZATION of the total charges that shall be subject to this
Deferred payment Plan:
Water Connection Charges
Sewer Connection Charges
Meter Installation Charges
Transmission Fees
storage Fees
LeSS Amounts Paid By Customer
Amount Financed
$
$
$
$
$
<$
$
>
The Customer hereby promises to pay the city the "Amount
Financed" (as described above) over a sixty (60) month period with
sixty (60) equal payments, the first installment shall be payable
upon receipt of the Customer's utility bill.
PAYMENT SCHEDULE
The Customer agrees to pay the Amount Financed pursuant to
the following payment schedule:
NUMSER OF PAYMENTS
60
AMOUNT OF PAYMENT WHEN PAYMENTS ARE DUE
$
LIEN ON RESIDENTIAL DlfE!T.T.TNG UNIT
BY ELECTING TO PARTICIPATE IN THIS DEFERRED PAYMENT PLAN, THE
CUSTOMER UNDERSTANDS AND AGR&!il:; mAT mE Cl'llt SHALL RECORD AND MlUN-
TAlN WITH THE CLERK OF THE CIRCUIT COURT IN AND FOR PAUl BEACH
COUNTY, FWRJ:DA, A LIm AGAINST THE RBSIDBN'l'IAL DfBLLn(G UNIT OF 'l'HB
CUSTOMER. IN THE EVENT OF A DBFAULT UNDER THIS DBFBRRED PAYMBNT
PLAN, THE CITY SHALL ENFORCE SUCII LIEN ON THE CUSTOMER'S DWELL'ING
UNIT !H THE MANNER PBRMITTBD BY LAW. SUCH LIEN ON 'l'HE CW".l'l..ftllik'S
RESIDENTIAL DWELLING UNIT SRALL REMAIN IN EFFECT UNTIL THE TOTAL
AMOUNT F!HANCED UNDER THE DEFERRED PAYMENT PLAN IS PAID.
-2-
ACCELERATION
If all or any part of the Residential DWelling Unit of the
Customer or an interest therein is sold or transferred, excluding
(a) the creation of a first or second mortgage lien: (b) a transfer
by devise, descent or by operation of law upon the death of a joint
tenant, or (c) the grant of any leasehold interest of three (3) years
or less not containing an option to purchase, the City may, at the
City's option, declare the full principal balance, plus accrued
interest due and owing under this Deferred Payment Plan, to be imme-
diately due and payable.
DEPAUIIr
In the event that the Customer shall fail to make payment
under the Deferred Payment Plan when such payment is due, the City,
upon eighteen (18) days prior written notice, shall have the right to
terminate water service in accordance with Section 52.51 of the City
Code. Further, the city reserves the right to enforce the lien
imposed on the Customer's Residential Dwelling Unit and to take any
other action provided by law: inclUding the right to accelerate the
full principal balance plus accrued interest. Any failure or delay
on the part of the city to take any action provided herein to enforce
this Deferred Payment Plan shall not constitute a waiver of any of
the rights and remedies provided hereunder.
principal
penalty.
PREPAYMENT
Each Customer shall have the option to prepay the remaining
balance of the Amount Financed in full at any time without
PARTIAL PREPAYMENTS SHALL NOT BE PERMITTED.
-3-
ADDRESS OF PAYMENT:
CITY OF DELRAY BEACH, FLORIDA
Utility Billing Division
Attention: Cashiers
100 N.W. 1st Avenue
Delray Beach, Florida 33444
Signed, sealed and delivered in our presence:
City of Delray Beach, Florida
Utility Billing Division
X
(For the city of Delray Beach)
witness
Witness
(Date)
Name of Customer:
Service Address:
Witness
x
(Customer)
Witness
(Date)
STATE OF FLORIDA
COUNTY OF PALM BEACH
)
)
I HEREBY CERTIFY that on this day, before me, an officer
duly authorized in the State aforesaid and in the county aforesaid,
to take acknOWledgments, personally appeared
to me known to be the person described in and who executed the fore-
going instrument and acknOWledged before me that executed
the same.
WITNESS my hand and official seal in the County and State
last aforesaid this day of A.D., 19__,
My Commission Expires:
Notary Public
. -4-
STATE OF FLORIDA )
COUNTY OF PALM BEACH )
I HEREBY CERTIFY that on this day, before me, an officer
duly authorized in the State aforesaid and in the County aforesaid,
to take acknowledgments, personally appeared
to me known.. to be the person described in and who executed the fore-
going instrument and acknowledged before me that executed
the same.
WITNESS my hand and official seal in the County and state
last aforesaid this day of A.D., 19__.
My Commission Expires:
Notary PUblic
-5-
CITY OF DELRAY BEACH, FLORIDA
utility Billing
Payment Agreement For
DEFERRED PAYMENT PLAN
NOTICE OF RIGHT TO CANCEL
YOUR RIGHT TO CANCEL
You are entering into a transaction that will result in a
lien on your home. You have a le'ijal right under federal law to
cancel this transaction, without cost, within three business days
from whichever of the following events occurs last:
(1) the date of the transaction, which is
; or
(2) the date you received your Truth-In-Lending disclo-
sures: or
cancel.
(3) the date you received this notice of your right to
If you cancel the utility Billing Payment Agreement for
Deferred Payment Plan in the manner provided in this Notice of Right
to Cancel, no lien will be imposed.
Your right to cancel this transaction does not relieve you
of your obligation to pay the Connection Charges, Meter Installation
Charges and Transmiesion and storage Fees required to be paid in
order to be connected to the City's Combined Public Utility.
HOW TO CANCEL
If you decide to cancel this transaction, you may do so by
notifying us in writing, at
CITY OF DELRAY BEACH, FLORIDA
utility Billing Oivision
Attention; Cashiers
100 N.W. 1st Avenue
Delray Beach, Florida 33444
You may use any written statement that is signed and dated
by you and states your intention to cancel, or you may use this
notice by dating and signing below. Keep one copy of this notice
because it contains important information about your rights.
If you cancel by mail or telegram, you must send the notice
no later than midnight of .
If you send or deliver your written notice to cancel some
other way, it must be delivered to the above address no later than
that time.
I WISH TO CANCEL.
Customer's siqnature
Date
-2-
tI! ;yl--.
~
M E M 0 RAN DUM
TO:
Frank Spence, Director Development Services
f";)P. Gerald B. Church, P.E., City Engineer
November 10, 1988
FROM:
DATE:
SUBJECT:
Homewood Boulevard between Lowson Boulevard
and Linton Boulevard
Attached is a proposed Intergovernmental Agreement between the
County and City committing $200,000 in Road Impact Fees to
drainage, roadway and sidewalk improvements for the subject
section of roadway. A median curbing contract, scheduled for
award on November 22nd, is to be funded with these Road Impact
Fees. The plans and specifications for the remaining improve-
ments to be constructed with the Road Impact Fees have been
submitted to Purchasing for advertiSing.
Engineering recommends approval of the Agreement.
An Agenda Request for the item is attached for processing.
GBC:slg
J,-Io
INTERGOVERNMENTAL AGREEMENT
BETWEEN
THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA
AND THE CITY OF DELRAY BEACH, FLORIDA CONCERNING
WIDENING OF HOMEWOOD BOULEVARD FROM LOWSON BOULEVARD TO
LINTON BOULEVARD
THIS AGREEMENT made and entered into the dates set forth below by and between:
THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, Florida, a political
subdivision of the State of Florida, hereinafter referred to as the "County"; and
THE CITY OF DELRAY BEACH, Florida, a municipal corporation existing under the
laws of the State of Florida, hereinafter referred to as the "City".
WIT N E SSE T H
WHEREAS, the City has requested that the County participate in the widening of
Homewood Boulevard from Lowson Boulevard to Linton Boulevard as shown on the
attached Figure 1, hereinafter referred to as the "project", ~hich is made a part
hereof, and
WHEREAS, the City has requested the use of Fair Share Impact Fees existing in
Zone 31, and
WHEREAS, the City has participated with the County in the Traffic Impact Fee
Program from its inception, and
WHEREAS, funds in Impact Fee Zone 31 are collected primarily in the City of
Delray Beach, and
WHEREAS, the estimated cost for this project is as follows:
Road Construction
$100,000
Storm Drainage
Sidewalk Construction
50,000
30,000
Engineering & Contingencies
20,000
TOTAL
$200,000
WHEREAS, there are sufficient unencumbered funds in Impact Fee Zone 31
to fund this estimated cost.
NOW, THEREFORE, in consideration of the mutual covenants, promises, and
representatives herein, the parties agree as follows:
1. The above facts are true and correct.
2. The City hereby agrees to:
a. Provide the construction plans and right-of-way documents, and all
other documents required to accomplish this project.
1
b. Provide all supervision and administration necessary to let
contract and to construct this project.
c. Obtain all permits required for this project.
d. Assemble and disperse funds necessary for the financing of this
project.
e. Upon receipt of bids for the subject project, provide the County
with documentation of the recommended bidder.
f. As funds are required, invoice the County for cost related to this
project for plans, and construction for an aggregate amount not to
exceed Two Hundred Thousand Dollars ($200,OOO.OO).
g. City will provide copies of paid invoices and all documentation of
funds expended on the project.
3. County hereby agrees to:
a. Provide, upon receipt of invoices and documentation of payments
from the City, funds in an aggregate amount not to exceed Two
Hundred Thousand Dollars ($200,OOO.OO) from Impact Fee Zone 31.
These funds will be provided to the City within thirty (30) days
of receipt of the appropriate invoices and documentation.
b. Have no further obligations or responsibilities concerning this
construction other than providing of funds in "a" above.
IN WITNESS WHEREOF, it is the intention of the parties hereto that this
Agreement shall not become binding until the date executed by the Board of County
Commissioners of Palm Beach County, Florida.
ATTEST:
CITY OF DELRAY BEACH, FLORIDA
City Clerk
ATTEST:
JOHN B. DUNKLE, Clerk
By:
Mayor
PALM BEACH COUNTY, FLORIDA, BY ITS
BOARD OF COUNTY COMMISSIONERS
Deputy Clerk
By:
Chair
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
City Attorney
County Attorney
2
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To:
Robert A. Barcinski, Assistant City Manager/
Management Services
From:
Ted Glas, Purchasing Director
~
Date:
November 2, 1988
Subject:
Bids on Median Curbing - Home~ood Blvd. Bid #89-03
Invitations to Bid were mailed to seven (71 area concrete
contractors on October 7, 1988. A legal advertisement ~as
placed in the Palm Beach Post on October 10, 1988.
One (1) contractor submitted a bid for the October 24, 1988
bid opening. A Tabulation of Bids is attached for your
review.
The bid ~as submitted by R.W.S. Concrete Services, Inc. at a
cost of $32,160. Engineering's estimate for this work is
$40,200. The Bid is 20% under Engineering's estimate.
This contractor took exception to the City requirement on
bonding. If a~arded, no bonds ~ill be supplied to the City.
Follo~ing staff analysis and review, it is recommended that
the contract for median curbing on Home~ood Blvd. be a~arded
to the only bidder R.W.S. Concrete Services, Inc., at a cost
of $32,160., waving the requirement for bonding, and with no
payments to be made until the project is completed and
accepted by the City.
Per the Budget Office, funding for this work is from Road
Impact Fees subject to Commission approval if inter-
governmental agreement.
Attachments:
Tabulation of Bids
Memos from Engineering
pc Yvonne Kincaide
Gerry Church
Gates Castle
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L.J1-r'/",\o . .VIL-.~ I/"'\L.
CORRESPONDENCE
LilY ut
DELRAY BEA[H
TO
..~~d __~las .!~~r.cha~inJ.?ir~cto~
Enginee~~~
=ROM
._~ n t.. <;ia~~s_.J),._.~as_tle.L P ..E, ,?\ssis;tant.Ci.9'
. ._____._..___.__~.__.______.~_._.____..._. __._ ___0'._-_--.--.- ___ __.__ .________
.. __ _._._ _.". _ _ . __ ___ _._ __.. _.. .uo __. _ ,__.Un__ _.__
iUBJECT
Median Curbing on Homewood Boulevard between
Linton and Lowson Boulevards
----..- .---.------ ..---.-.-.------. .---.
OATE 11/1/88
As discussed, the award of the subject contract to the low
bidder, R.W.S. Concrete will require the City Commission to
waive bonding requirements. On October 31st a memo (copy
attac~ed) was submitted to Frank Spence for concurrence with
Engineering's recommendation that the contract be awarded
without bonding since time was critical in this case. In
order to expedite the matter, an Agenda Request form (copy
attached) was submitted to Mr. Spence for forwarding to the
City Manager's office. The contractor's references have
been checked by this office and were favorable. Therefore,
it is requested that your office initiate the necessary
action to confirm Engineering's recommendation for contract
award to R.W.S., subject to waiving of bonding requirements
by City Commission.
GDC : j i
Attachments
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I:ITY DF DEl~~\I EER[H
CITY ATTORNEY'S OFFICE"", I. I; ,'HIIISIIIH
Ill'll( \\ IH'.\ClL I LOK/lJA 33483 ]U\'243-i"I),::!(j
MEMORANDUM
Date: November 9, 1988
To: Ci~y Commission
From: Susan A. Ruby, Assistant City Attorney
Subject: Lake Ida Tennis Facility
Joe 't/eldon, Director of Parks and Recreation and I met with
representatives from the Real Estate Property Management Group
of Palm Beach County, Dennis Eshelman, Director of Parks and
Recreation for t.he County and Bill Capko, Assistant County
Attorney on Monday, November 7, 1988 to negotiate changes in
the proposed Lease which the Commission previously reviewed at
their November 1, 1988 workshop meeting.
The attached Lease is a result of those further negotiations.
I have requested that this Lease be placed on the County
Commission's November 22, 1988 agenda for approval. The County
as Lessors, are quite firm in their position that the Lease
shall be presented as currently written.
By copy of this memorandwn and Lease Agreement to the City
Manager, our office requests that the approval of this Lease
Agreement be placed on the City Commission's Agenda for
November 22, 1988 for approval.
If you should have any further questions or concerns regarding
~tter, please do not hesitate to contact me.
l<,ttachments
cc Walter O. Barry, City Manager
Joseph Weldon, Director or Parks iind Recreation
y~
T"ElISE {\,GREENENT
THIS AGREEMENT, made and entered into t.his day
of 198_, by and between PALl1 BEACH
COUNTY, a Po:t:Ltical subdivision of the State of Florida,
(hereinafter referred to as the County), and the CITY OF DELHAY
BEACH, FLORIDA (hereinafter referred to as City):
1. Lease of Premises: The County hereby agrees to
lease and rent unto the City, and the Ci ty hereby agrees to
lease from the County, the property consisting of 6.113 acres
more or less, as more fully described in Exhibit A.
2. Hent:: The, City il9rees to pay the County as rent
for the premises, the sum of one dollar ($1.00) per year and to
assume and faithfully pel-form its Obligations as set forth in
this lease agreement,
3. Term: The tor.m of this lease shall be for a
period of tw(,nty (7.0) years beginning on the day of
} 98 ilnd (lnding on the day of
, In addition to the above stated
term, the Ci ty at its OPtion may renew this lease for up to
three additional five (5) year terms, provided the City com-
pletes the proposed master plan (Exhibit B) and maintains and
operates the faCility in a manner acceptable to the County.
4. W1.itten Notiee: It is understood and agreed
between the parties hereto that written notice mailed via
certified mail or delivered to the County addressed to the
attention: Palm Beaeh County Property and Real Estate Manage-
ment, 301 North Olive Avenue, West Palm Beach, Florida, 33401,
shall constitute sufficient notice to the County. Wri tten
notice shall be mailed via certified mai 1 01 delivered to the
City Manager at 100 N.W. 1st Avenue, Delray Beach, Florida,
33444 and shall constitute sufficient notice to the City.
5. Alterations, Additions and Improvements:
Alterations, additions and/or improvements shall be made at the
City's sole expense, unless otherwise stated elsewhere in this
agreement, and sh"ll meet all Applicable City or County codes
and ordinances. The City shall obtain all necessary permits
and inspections. If the City during the period of this lease
abandons the use of the premises as a tennis center, the lease
shall terminate.
6. Access for Inspection and Repair: The City
shall allow the County and its agents access a treasonable
times to the premises for the purpose of inspecting the leased
premises. The County shall be responsible for and be provided
access to the e;dsting well/well-shed on the leased premises.
7. Construction and Operation of Tennis Center:
The City shall construct a tennis facility in substantial
conformance to the master plan contained herein as Exhibit B.
The City shall realign the roadway as shown in Exhibit B. The
City shall remove the existing roadway (See Exhibit B, Figure
1). The City shall install parking, within the leased
premises, as shown on Exhibi t B. The City shall not make any
alterations, additions or improvements other than those con-
tained within the master plan without first obtaining written
consent of the County. However, minor alterations of the
master plan shall only require the written consent of the
Director of the County Parks and Recreation Department. The
City shall exercise due diligence in the construction of a
minimum of ten (10) tennis courts, pro shop, parking and
2
r.
roadway modification as described in the master plan (Exhibit
from the date of the execution of this lease.
B), with said improvements to commence wi thin two (2) years
ments shall be complete within five years from the date of this
Said improve-
agreement.
operation of the tennis center. The City will open said tennis
(a) The City shall be responsible for the
center to the public from approximately 8 a.m. up to 11 p.m.,
seven days a week.
The hours of operation may be adjusted
seasonally and may vary to provide for maintenance, etc.
However, in no case shall the tennis center be open after 11
p.m. without the consent of the County Parks and Recreation
Department. The City shall install gates, in order to prevent
vehicle access to other park areas, during the hours the tennis
shall secure the park upon the daily closing of the tennis
facility is open and the rest of the park is closed. The City
center.
the use of the tennis center.
(b) The City shall set the fees and charges for
facilities on the leased premises, shall be open to the general
CiQb~~PubliC on a non-discriminatory basis and, if any fees are to be
~ charged for the use of the facilities, the fee charged
The City agrees that its
City.
non-residents shall not exceed the fee charged residents of the
maintain and operate the tennis center, and the County shall
maintain and operate the remainder of Lake Ida Park; except as
(e) The City shall at the City's expense
may otherwise be provided for in this agreement.
(d) All landscaping,
drainage.' signage and
construction performed on the leased premises shall meet City
3
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or rCfc,u~k Cyl/83, whichever are applicable. The ci -.:y agrees to
mainfa-~he landscapi.ng and grounds of the leased premises
including, but not limited to, cutting, planting, t.rimming,
hauling trirrunings, watering, fertilizing and care of parking
areas. The City shall have the right to landscape in order to
provide noise and sign buffers to Intel.state 95 (195), ~
~ The City shall have the right to, but is not
required to, make lighting improvement:s along the entrance road
of the Park.
(e) All parking areas in the park and upon the
leased premises shall be available to all park users on an
equal basis.
(f) The City shall abide by all applicable
County Parks and Recreation rules and regulations.
(g) The City shall, at the City's expense, be
responsible for any other maintenance, repair or replacement to
the equipment, improvements, or parking within the leased
premises.
8. Indemnification: The City hereby covenants and
agrees to investigate all claims of every nature at its own
expense and to indemnify, defend and hold harmless Palm Beach
County from any and all claims, actions, lawsuits and demands
of any kind or nat.ure arising out: of this lease agreement, to
the extent permitted by law.
9.
General Liability Insurance:
The City shall
provide, prior to taking possession of the leased premises,
evidence of insurance or self-insurance satisfactory to the
County.
4
...
10,. Assignment:
ci ty may not assign this lease or
sublease any par.t of t:he lease or sublease any part of the
leases premises without the Count~y' s pr.ior writ.ten approval.
11. Ut.ilities: The City agrees that it will pay all
charges for utilities, including trash disposal, electricity or
other illwnination at the t.ennis center. and for all water used
on the leased premises.
Before vacating the leased premises,
the City shall furnish evidence as required by the County that
all such bills have been paid in full.
The City shall be
responsible for any and all deposits or connect.ion charges
required by utili 1:Y or telephone companies for the leased
premises and thc County sllilll not be llcld l:esponsible for any
delay of inst.2,llation or fOI. interruption of service.
12. Default by the City:
If the City fails and
neglects to perform any provision of this lease and fails to
cure. the same within ninety (90) days of receipt of written
notice of the default, the County may, at its option, make the
necessary repairs and bill the City for. said repairs. The
County shall notify the City in writing before effecting any
repairs.
If the County elects not to perform the cure, the
County shall notify the City of its intention to not make the
repairs and notify the City of the County's intent to terminate
the lease. The City shall have then thirty (30) days from the
City's receipt of the notice to terminate to cure the default.
The City may cure its default at any time up to the effective
date of the termination.
13.
Janitorial Service:
The ci ty hereby agrees to
regularly clean the interior and maintain the leased premises
at no cost to the County.
s
111,
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:4, Di~;cr.i.m.i.naUon:
'l'he facility shall be open to
the general public on ~ non-discriminating basis regardless of
handicap.
sex, age, rnce, residency, religion, or :lational origj.n or
15.
Severability:
Should any provision, clause or
word of this agreement be ruled ineffective by a court of
competent jurisdiction, such shall not affect the remainder of
this agreement.
16.
Captions:
Headings of paragraphs are for
substantive meaning whatsoever.
convenience only, and shall no.t be construed as having any
17.
Attorney's Fees:
If any action at law or
inequity shall be brought to recover any rent or payments due
under the lease, for or on account of any breach thereof, or to
enforge or interpret any of the covenants, terms or conditions
improvement, the prevailing party shall be entitled to its
of this lease, or for the recovery of partial payments for the
costs and reasonable attorney's fees, the amount of which shall
be fixed by the court and shall be made part of any jUdgment or
decree rendeJ: ed.
18.
C'
..>~.gns :
The City shall, at its own expense,
provide appropriate signs to be used in or about the premises,
in connection with the property leased hereunder. Said signage
prior to installation.
shall be approved by County's Park and Recreation Department
by and in accordance with the laws of the State of Florida and
19. Governing Law: This agreement shall be governed
to the extent allowed by law, the venue for any action rising
out of or from this agreement shall be in Palm Beach C.ounty,
Florida.
6
20. Residual Ownership: Upon expiration or termina-
tion of this lease, all improvements shall vest in the County.
IN WITNESS WHEREOF, the parties hereto have set their
hands, the day and year first written.
CITY OF DELRAY BEACH, FLORIDA
By;
~lAYOR
Attest:
City Clerk
(SEAL)
APPROVED J:>.S TO LEGAL FORN
AND SUFFICIENCY:
City Attorney
ATTEST:
JOHN E. DUNKLE
BOARD OF COUNTY CO~JISSIONERS OF
PALlo] BEACH COUNTY, FLORIDA
By:
Deputy Clerk
By:
Chair
(SEAL)
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
County Attorney
7
WILLI.4M R. SEACH
1692 S. Ocean Blvd.
Delray Beach, FL 33483
November I, 1988
TO: The Honorable Mayor and City Commissioners of
Delray Beach, Florida
HE: Final Plat - 1410 South Ocean Blvd.
At the regular meeting of the City Commission
referenced Plat and Property was reviewed
Commission. The objection to the Plat
representatives of the neighborhood was the
on Brooks Lane.
on October II, 1988, the
and disapproved by the
by the Commission and
construction of a duplex
After discussions with Betty Matthews and residents of Brooks Lane,
William and Marilyn Seach have decided that the most appropriate
development would be three single family homes, one on Brooks Lane and
two on AlA rather than a duplex or mUlti-family structure at the
entrance to the single family Brooks Lane neighborhood.
By this letter, we are requesting that the City Commission place this
item on the agenda of your next regular meeting. The Plat will be
altered to change the duplex lot to a single family lot fronting on
Brooks Lane.
Respectfully,
hJ~ /C.~
William R. Seach
cc: David J. Kovacs, Director of Planning and Zoning
Betty Matthews, Beach Property Owner's Association
Thomas G. Purdo, Esq.
Residents of Brooks Lane
1--1
C I T Y
COM MIS S ION
DOC U MEN TAT ION
TO:
~LTER O. BARRY, CITY MANAGER
\~~~~~S~RECTOR
DEPARTMENT OF PLANNING AND ZONING
FROM:
SUBJECT: MEETING OF NOVEMBER 22, 1988
AGENDA ITEM
FINAL PLAT FOR 1410 SOUTH OCEAN
ACTION REQUESTED OF THE COMMISSION:
The action requested of the Commission is that of approval
of a final plat for property known as 1410 South Ocean
(aka Cullum Annexation).
BACKGROUND:
A final plat for this property was before the City Commission
previously. At that time the plat was denied because one lot was
designed for a duplex. Subsequently the property owner petitioned
the Commission for reconsideration based upon a change to the plat.
This change is the deletion of reference to construction of a
duplex. The Commission provided that they would reconsider the plat
if the deletion were made.
The plat has been resubmitted and is ready for action. (Reduction
attached) .
Even though the plat no longer references duplex development, it is
possible (pursuant to code regulations) for a duplex to be
constructed. Thus, as a precautionary measure, a rezoning action
should be undertaken (from RM to R-IA) thus ensuring that nothing
other than a single family home can be constructed on the resulting
lots. Such a rezoning action has no direct bearing to the RM
regulations, single family development must comply with R-IA
requirements. The rezoning is suggested in order to avoid confusion
and misunderstandings in the future, once the property is developed
and changes hands.
To: Walter O. Barry, City Manager
Re: Final Plat for 1410 South Ocean Boulevard
Page 2
RECOMMENDED ACTION:
By motion, rescind the previous action of denial.
By motion, approve the final plat for 1419 South Ocean Boulevard
By motion, initiate a rezoning of this property from RM to R-IA.
Attachments:
reduction of plat
REF/CM/C:CC1410FD.TXT
WILLIAM R. SEACH
1692 SOUTH OCEAN BOULEVARD
DEL RAY BEACH, FLORIDA 33483
November 9, 1988
To:
David J. Kovacs, Director
Department of Planning and Zoning
City of Delray Beach
Re:
Final Plat 1410 South Ocean Blvd.
At the regular meeting of the City Commission on November 8,
1988, the Commission, by motion, directed that upon
preparation of a final plat which involves only three single
family lots, the matter shall be placed upon the
Commission's agenda.
I hereby submit three copies of the plat revised to show
three single family lots (rather than a duplex lot and two
single family lots) and request that this plat be placed on the
Consent Agenda at the next regular of the City Commission on
November 22, 1988.
Respectfully,
W~K~
:: ~:' ~~.~ t - ~ <.:: ~ \ l ;~"-~ r~r~
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William R. Seach
NOV 9.
PLANNING
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THRU:
FROM
SUBJECT
CM 362
[ITY Dr ~ lF~
DELRRY BER~t
T~{~
DEPARTMENTAL
CORRESPONDENCE
CITY MANAGER
DIRECTOR OF COMMUNITY IMPROVEMENT
CODE ENFORCEMENT ADMINISTRATOR
r/6
DAVE BODKER, REGULAR MEMBER OF THE CODE ENFORCEMENT BOARD
11-7-88
[jt- If
The Board Clerk was informed by Mr. Bodker that it is his desire to be
transferred back to the alternate member position on the Board. He
had received a letter from your office on October 14, 1988, stating that
he was appointed as a regular member. This was a surprise to him as he
had not been contacted of this consideration. Due to his business, as
a one man operation, he stated that it would be difficult to act as a
regular member regarding attendance at each meeting.
Therefore, he would like to serve again as an alternate.
THE EFFORT ALWAYS MATTERS
30
Boards and Committees - -~88
~-
P.age 2
CODE ENFORCEMENT BOARD
(Three Year Term)
Regular (7)
Perry DonFrancisco'
Robert J. McDonald
David Cohen
Joel Port
Dave Bodker
Rome Rena
Thomas E. Scott
Position
Businessperson
Gen. Contractor
Layperson
Engineer
Architect
Gen. Contractor
Businessperson
Filling Position
Layperson
Gen. Contractor
Real Est. Person
Engineer
Architect
Subcontr-Plumber
Businessperson
Orig.
~
9/86
1/81
7/84
12/85
10/88
11/87
3/87
Alternate (7)
Beril Kruger
Samuel DeOto
Dorothy Patterson
Jean Beer
Frank Rozzo
vincent A. Voraso
Vacancy
Businessperson
Gen. Contractor
Real Est. Person
Layperson
Subcontractor
Engineer
Businessperson
Gen. Contractor
Real Est. Person
Layperson
Subcontractor
Engineer
Architect
11/87
10/88
11/87
11/87
10/88
7/88
COMMUNITY APPEARANCE BOARD
(Two Year Term)
(Two Year Term)
Regular (5)
William F. Wilsher
J.B. Smith
Virginia Courtenay
Mark Marsh.
Kimberly Del1astatious
Occupation
Land-Architect
Layperson
Layperson
Architect
Architect
(One Year Term)
Alternate (2)
Ann Pearson
Richard Eckerle
Layperson
Layperson
Orig.
~ Expire
10/86 8/25/89
11/85 8/25/89
10/84 8/25/89
8/88 8/25/90
2/87 8/25/90
7/88
11/87
3/08/89
3/08/89
COMMUNITY REDEVELOPMENT AGENCY
(Four Year Term)
Orig.
~. Expire
Name
Kevin Egan
Armand Mouw
Matt Gracey, Jr.
Tom Lynch, Chairman
Jack Duane
Dave Randolph
Leon M. Weekes, Vice-Chairman
8/9/88
7/9/85
7/9/85
7/9/85
7/9/85
7/9/85
7/9/85
DELRAY BEACH DOWNTOWN
DEVELOPMENT AUTHORITY
(Three Year Term)
Member (5)
Frank Wheat
Constance L. Tuttle
Thomas Smith
Robert Costin
Roy Simon
Orig.
~.
5/88
9/84
1/87
6/85
8/86
7/9/90
7/9/91
7/9/92
7/9/89
7/9/89
7/9/89
7/9/89
Expire
7/01/89
7/01/90
7/01/91
7/01/91
7/01/89
Expire
1/14/90
1/14/91
1/14/91
1/14/89
1/14/89
1/14/91
1/14/89
1/14/91
1/14/89
1/14/91
1/14/90
1/14/90
1/14/91
1/14/91
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':"':'17 !v~/'C 'f ;C C '<-I Ie /3' f[s
CITY OF DELRAY BEACH oJ
BOARD MEMBER APPLICATION
NAME
~. 70fh
ItSD tkM e U){){)d Blvd
HOME STREET ADDRESS, CITY, ZIP (LEGAL
:)50 r1.D J / U
PRINCIPLE BU NESS STREET ADDRESS,
Ch(j(le.5
4f 1307 JlJr..tJ.r /J.f4dt
RESIDENCE)
~dc 33~t71
ZIP
3311.5
;ny, 3 S""q.q- ;2-7;) - g6D ()
HOME PHONE BUSINESS PHONE
ON \j..BAT BOARD,8 ARE JJ>U INT~RESTEDt7IN SEjlVING _Jcf.i)q-m~1,(1..> Fr Z-
L.l,{A.fra. CTor.C;; 0{. tin'll J1 / t<f l24ti t-cj C.d-19-
LIST ALL CITY BOARDS ON WHICH Y9,U ARE CUjWlEll'g-Y, SIj;RVINGjOR HAVE .fREVIOOSLY
SERVED (Please include dates) -1X:al::d oLll..a.j.USr.fYJelA s /17.~- ~
1
'd
!
EDUCATIONAL QUALIFICATIONS B5!J~ ~ ,~/J./"'dt. Enr.
LIST ,ANY RE~ATE~ PROFES~IO}\AL,_CpTfFI,cA TIONS AND Uq;NSES WllI<<.JI, TOU HO.LD.
(:iL;.J,1Ir.eCL _~__L~ ~-ta.tf:, /Li- flOh~ ~ ~/O~aO
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION ~~;I~~er
DESCRIBE EXPERIENCES,
THIBBOARD.
'I"l ciA
19 7'1
Y,~ TW,~VE O~
,. f ~. U.(A"C
[1f,~,
PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS AP-
PLICATION MAY CAUSE FORFEITURE UPON MY _ PART OF ANY APPOINTMENT I MAY
RECEIVE.
_L1LMJ!w. Z~~
SIGNATURE
__ QeLd0jf~J __
DATE
31
. ..
..........-
"10 ~j1.'~ ~
~ff'ur
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
p
h,eI2~//
NAME
~r3~12 r
HOME STREET ADDRESS, CITY, ZIP (LEGAL RESIDENCE)
S () 7 AI, w. I '3 Z3 ~ T. lle.. /""-1 /SiC 19 c4
PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP
""'1...... t!>Ltt d. C ()... -") .s.M--or. ~ I ,o<,.~ tJ ~A c.c} ..7.:ldl f" 6-... /OJ
d1 tj 3-()~O.;J..
HOME PHONE
"33Vc/<f
el.. f, 12#- WrY 3.7YOG
,/71-07 /'17
BUSINESS PHONE
Jlu ~,IIf;oJ A./4-//"^,S
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING
O~ c 77~~ /".e N,(Jt-lX'~
LIST ALL CITY BOARDS ON WHICH YO ARE CURRE~TLY SERVING OR HAV~ PREVIOUSLY
SERVED (Please inolude dates) &J AJ7'b-k. IS~ ClJ.........,,'" /4/19T'11v..$ -1'17
(
o
t
EDUCATIONAL QUALIFICATIONS /J. ~ - ~Ad ,l./JAAy,erltlV~ Aat./,.,..,c-r.~ ('oulC'~~
JA./ t~ L.v/iltpCAf"",,,...-r
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU BOLD.
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION
IYIl!t)/J4 ~~Lt4-n(J",.s O,,:.,e,c.L/2 -..s~I,<I".:r Ol''<JU ;Al."-. t!'1r..~
C'o "'.;. -:-Y
.
DESCRIBE EXPERIENCES ,{SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO/1S~RVE ON
TH BOARD. S J" -.,; .../4Ilt'u"'"...r- 'T/"/- It.J~A. J'" ~a)o,oo..... ....~/".~~~
".~- 1..r: """7"; nx;'~ - M,(.":'1O ~ o::l -:r~fl:'-S AS
~ ..... C, ......., '(JtVo(~ -L..n'it...$'~ /JZ.9/"-""'l# ;J.-I:J ~"Y'o€,e.
.I N U....... u Ir, "- JJ9'n IF>\) , """" t.-. lbvJ4tJteCi!...../f ~
PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS AP-
PLICATION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY
RECEIVE.
~~
- --
SIGNATURE
__LtJ -02)- ~~
DATE
3'2-
,
'CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
"
~iP Y k! /1/1 fl, \. rEi?MrJ All..!'
NAUE
3;;" S'tJ lofT f}()E-. 'W8/9V .%ERC/;t::. 33#,K
HOME STREET ADDRESS, CITY, zrp (L GAL RESIDENCE)
LAAJ1U.lflJ P
PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP
;l 'PRJ(/~T.e ffi{)SZS ~N StU. /~r/J{/E/ J)EJ-Rlt/)
#07;( - d..d-~9 "-'7.? -d.:l..yr
OME PHONE . BUSINESS PHONE
WHAT BOARDS ARE YOU INTERESTED IN SERVING ON:
. kl~_ ~.eL.r.. '.- &-n. ~ . #:-""'--
LIST ALL CITY BOARDS WHICH YOU ARE CURRENTLY OR HAVE'PREVIOUSLY
SERVED ON. (Please include dates)
UIfUTiFICAT/c)./ ~OJtl?D RJl? ~/VE VE/'9R_)
GIVE YOUR PRESENT-,OR MOST RECENT EMPLOYER,AND POSITION.
"Mix=m- Ar jI/lri-E/I) MdcH .KQ1/J SC #'J (rL. (FIJI? MfGif'IJAJ,
I'll/LOPE/\/.
DESCRIBE EXPERIENCES, SKILLS, OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE
ON THIS BOARD. 7ff7l5JPi:{) "jC.Tff 6!R..M.JF A- T J)~LPFl.y
E.LENEA}TAIf'f} SC~,l, S'EVEd frJ"tPJ.
L~Z~~c;~~~:~~::~:~
PLEAS ATTACH A BRIEF RESUME..
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE
AND UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN
THIS APPLICATION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT
I MAY RECEIVE.
4/7 ;)~
'IGNATURE .
r. I~ /f'~
DAT
. r
CITY OF DEL RAY BEACH
BOARD MEMBER APPLICATION
.'
NAME
~Et:?/vJ)Rn I3EIl/l/I7,Ro /TJ/TC!I/~LL
HOME STREET ADDRESS, CITY, ZIP (LEGAL RESIDENCE)
7;;:; iJ/, ~IIJjfA/-;- /Jc.l/l~y L5 m~~ /,,1/1 3' 39t./.s-
PRINCIPLE BUSINj:SS ~TREET ADDRP::i;, S;ITY ,,,..jllr/J" d r-/I /':7 /I
;:},"11)/ ,~c~~E..S";r- ~!l./L ~-/ &Z..C7#C!~ rra
'L/96-=- ~!) /D ' '{/'7'.3-,6"00
HOME PHONE BUSINESS PHONE
LIST ALL CITY BOARDS ON WHICH
SERVED (Pleaee inolude dates)
URRENTLY SERVUG OR HUB ,I'REV~OlTSLY
~:.: <!~, .~. /."-
0#...
EDUCATIONAL QUALIFICATIONS
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD.
J2t'JLI(/7 ~kL7i ,c1U-nt)A!
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION
I//JJ M
7S 6/1 ~4
DESCRIBE EXPERIENCES,
THIS BOARD.
e /Jt)AJr;Y (7tZ.//, .8'CJ/I~LJ
SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON
'j) / E//SI5
/c//(?
if' r:r~bhlF~
gS t./Nr
"
PLEASE ATTACH A ~RIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS AP-
PLICATION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY
RECEIVE
CJ 1 / do-I'.}?
;r- DATE
PEJtSOllAL :
Leon.rd B. Mitchell
727 Pl.ce 'l'.v.nt
Delr.y ".ch, Pl. 33445
.~ Phone: (407) 495-2015
~rk PboDe (407) 243-1500
BDUCA'l'IOII:
1'76: "ch.lor of Sci.nc. Derr.. ia Political Science &ad
Public Adaini.tration, Int.rper80nal Skill. .-d ....n
.e.ource Kanag.ent, Plorida A , . U.iy.r.ity.tallaha....Pl.
... aPDI8IICZ:
.
1913 to Pre..nt: Pr..ently -.1.,. ~ tM "]a .... 1. I
County School Board Depar~.t of "Hce. ....i.... to J
Atlantic .i,h School. ...ponaibiliti.. iacl'" ....~i89
security pl... for .11 ~l ~iYiti.a .. _II .. ~
prot.ction and .afety of achool ..r~nel.property .-d
.tud.nt. within the .chool di.trict. Al.~ ~ponaibl.
for enforcin, .11 .pplic.bl. Plorida State Cr~nal
St.tute...l.o with. phy.ic.l plaat ia ~... of 60
.illion doll.r., a Profe..ional .t.ff of 11. people..-d
· .tudent popul.tion of 1.700.... t~ iapl....t.tion
of . ..ri.. of Dru, .j ~.ti.. protr... to prepare at"'nt.
to cope with the peril. of drar ... in our society.
1982: Eaployed by the T.llaha.... Police Departaent .. .
.worn Police Officer. .eceived ay police Certific.tion
froa the Lively L.w Enforce.ent .~....y.
1980-82 Eaployed by Cont.in.r Corpor.tion of ~rica .. .
cu.t~r "CYice ..pr....t.tiv.. prLaAry reTra.aibiliti..
_re CtlSta.er 0 unication i."_~ory oo.~l'Ol _iall 18-
eluded INr..tt~,... _na, .at.
1'77-'0: ..rYed .. . C~..iODed Officer ia ~ Dait"
St.te. Aray.
1977-78: A..i.t.nt Chi.f of P.r~l "ft., In~. Gaited
St.te. Aray Inf.ntry School. Port ....iDJ,i..~ia. as-
.pon.ibilitie. included the ...i,ni., of all j~i.,
Officer per.onnel,man.,in, the .chool.' tra..l bad,.t.
the development and iapleaent.tion of a workabl. race
relation program and interper.onal .kill. prOfr...
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
NAME
~ ~I\i Sol .pJ...D
\;~ S. E'. ')~~ ~c.
ADDRESS, CITY, ZIP LEGAL RESIDENCE
~\.
HOME STREET
~ A-1t\.E. .Ad 1f-1ill~ -
PRINCIPL BUSINESS STREET ADDRESS, CITY, ZIP
tj b ,- J. 11 - lft:J'f!,
HOME PHONE
BUSINESS PHONE
WHAT BOARDS ARE YOU INTERESTED IN SERVING ON:
~ ~'>.. B.Q,
. "
LIST ALL CITY BOARDS WHICH YOU ARE CURRENTLY OR HAVE' PREVIOUSLY,>...
SE~VED ON. (Please include dates) ~~.~
'fi
-
;
,
il"'..
GIVE YOUR PRESENT, OR MOST REC.ENT EMPLOYER, AND POSITION.
P*Irt\. (L-.~ ("A.......-.l~ c.I/~9 - Ao....-J.. ~
. 0D~~~"" ~ r U" If
g:S;=:~EE~~~~' ~;;"'~'~
-:9i:o. .. -~ ~_...~.t.:"~":~~.
LIST ANY RELAT D PROFESSIONAL CERTIFICATIONS~D .LICEN ES WHICH YOU HOLD.
_ p$. A;" ('~.~~
.-
PLEASE ATTACH').8RIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE
AND UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN
THIS APPLICATION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT
I MAY RECEIVE.
~/""_l
NATURE
7-;)., -18
DATE
-r r- -~-
ResU118
Name: Dari J. Ronis, Ph.D.
Address: 135 S.E. 7th Ave. 2C
Da1ray Beach, FL 33483
Professional Specialization.
Phone: (407)278-4096
Trainer in mediation, negotiation, conflict management,
human resources, education, personal development, and
interpersonal communications.
Presentations and Interviews.
Presentations and/or professional papers have been given
during the past four years at the University of Iowa, the
Colorado Institute of Creative LeaderShip, and Palm Beach
Junior College as well as in Milwaukee, Jerusalem, Nassau,
Mexico, Lyons Valley, Colorado, Lee's Summit, Missouri,
and in numerous locations throughout Florida.
In addition, there have been numerous media interviews
with radio, television, and newspapers in Florida.
Personal.
Born: March 31, 1951.
Education: The Union Graduate School, Cincinnati, Ohio.
Ph.D., International Studies in Conflict Resolution,
granted 10/9/87.
Empire State College of the State UniverSity of New York.
B.S. in Educational Studies, granted 10/83.
Employment History.
1984-date. Consultant, trainer, lecturer and counselor
for a variety of educational institutions, churches,
associations, trade groups, and individuals.
1983-84. Administrative and Public Relations Director,
Mayflower Management Institute, Nassau, Bahamas.
1980-84. Lecturer and consultant, Bahamas Hotel Training
College, Nassau.
1978-79. Manager of Special Projects and Trade Show
Coordinator, Advertising Communications Times,
Philadelphia, PA.
fleferences furnished upon request.
, r--""'-
I
j
~_..
KIWANIS CLUB Oli' DELUAY llEACI-I - SUNI{ISE
DIVISION 14 . ZONE 4
P.O. BOX 1963
DELRAY BEACH;FLORIDA 33444
'.
'.
'.
"We Build"
'10: Mr. Walter Barry
FRCM: Delray Beach Sunrise Kiwanis
SUBJECT: Christ1nas Boat Parade Fire WJrks.
Dear Mr. Barry;
The past tv.D years the cities of Delray Beach and Boynton Beach
have each contributed $3,000.00 to jointly sponsor the fire 'NOrks display
from the lead boat in the Annual Christ1nas Boat Parade. This has been
a sPecial feature of the Boat Parade which the residents of both ccmnunit-
ties enjoy. .
The Delray Beach Sunrise' Kiwanis is the sponsor for the overall
parade.
This letter is to officially request the City of Delray Beach's
participation in this event. Your prorrpt response will be appreciated
for planning PerpOses.
Sincerely,
~'~c~
~dwell
President
Delray Beach sunrise Kiwanis
33
~
w.: Wi."
~
WM. A. NICHOLS REAL ESTATE,' INC.
To: .:::JERR'( 1A '1 ~D ~
f='~~: ~,LL /IJ 'C.).ID/~
w. )1~v. I' ~ P
~'r c r 0 F I
Scot> )Jet/) s /
13 cy It) 7D A) 0, ry alii IH /S$~DI\J II ;:P,t(Of.,JEP
r'P.rElK)t>~J(s $..3t3oo. L19$T 4)Njl> 7-. w,l/
I-fA IJE. CHECK ,4tIDPJ..C OF iUEX, /.J.JEE' K.
'PeIJ.Hft.ps !DtJ ollt:JLJIJ1 L..E.f Z?u~r
K}.)() uJ ,
w;04C. r
'=1:&
1- t,A.fl- r
840 E. OCEAN AVENUE, SUITE 1~--,
BOYNTON BEACH, FLORIDA 33435, PHONE (~ 734.8103
24 HR. FAX....734.e166 rf!miiUJ
...."".m- '''~''''1..".d.,,''''''''''.'' ",
.
II
WM. A. NICHOLS REAL ESTATE, INC.
Mr. Peter Cheney
I: i ty M~!lr,\"'l..r
C;~y of Soynton a.ach. F:.
Nov. 12. HISS
Oe.... P..~er.
The 17th. Annllal 80ynton-Oelray Hollday Boat Par-ade wi 11 be
held on Friday evening Dec. 16th. again pr-ovlding a
spectacular evening of holiday magic fo.. thousand_ of
5pectat:ors along ou.. shore..
The last two no 11day bO<!lt parades. were tl'.. most ",,,cc"""lf,, I,
due to a gr-eat extent, by the Inclusion of a firewo..K_
display, made possible by the City of Boynton Beach and the
City of Oelroy eeach.
Th. committee fee15 the firewor-ks display should be continued
as part of the festivities and again we ask for- financial
support In the amount of $3.000. from Boynton aeach and th9
same amount from Oelr.y Beach.
Thank you for your consIderation and early and favor-abl.
r-esponse. Please make eh.ck pay.ble to : Oelr-ay Sunr;.9
Kiwanis c/o ERA WM.A.NrCHOlS Real Estate.
Sincerely,
William A. Nichol",
,
Ad-Hoc Committee
Wm, A. N Ict,o 1., Real tor, Boynton Beach
Art. Brode, C.G.AUK. FI.S. Boynton eeacn
Reeve BrIght. Att~., KiwanIs. O.lray e..eh
..~..t.' .Jerr>'..J.tYJ.9.r,. I!d Itor, . K 'Hn I.,. O..t.l ~a>" eeaen
......
-
~~l. T
~y~
~
"dl.-.c:. ,"',.."*,,,'" _..................
640 EAST OCEAN AVENUE. SUITE 11 8OYNTON BEACH, Fl3343S . -407-734-6103
24 HR. FAX 407-734-6155 ~
IIIJi-Mill
M E M 0 RAN DUM
TO: WALTER O. BARRY, CITY MANAGER
/">. (.. "
, ,....., ,...
THRU: FRANK SPENCE, DIRECTOR DEVELOPMENT SERVICES
FROM: ,;vJ GERALD B. CHURCH, P.E., CITY ENGINEER
DATE: NOVEMBER 16, 1988
SUBJECT: DIXIE BOULEVARD IMPROVEMENT - CARRYOVER FUNDS
The Dixie Boulevard Improvements provided for the construction
of a cul-de-sac terminating at Swinton Avenue and N.E. 5th
Street. This project was authorized in the 1987-88 budget.
The work was deferred pending negotiations for acquisition
of additional right-of-way. As a result the funds, in the amount
of $16,805.00, lapsed in last year's budget, however we indicated
that the project would be completed this fiscal year.
We hereby request that the City Commission approve funding the
$16,805.00 for this project from lapsed 1987/88 funds.
GBC:slg
cc: Yvonne Kincaide
3tf
RESOLUTION NO. 74-88
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS
FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON
LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING
OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING
FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST
ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU-
TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE
SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR
THE MAILING OF NOTICE.
WHEREAS, the Building Official or his designated representative
has, pursuant to Chapter 165, of the Code of Ordinances, declared the
existence of an unsafe building upon certain lots or parcels of land,
described in the list attached hereto and made a part hereof, for
violation of the building codes and building requirements adopted by
Chapter 165 and those Codes adopted in Chapter 96 of the Code of Ord-
inances; and,
WHEREAS, pursuant to Chapter 165, of the Code of Ordinances of
the City of Delray Beach, the Building Official or his designated
representative has inspected said land (s) and has determined that an
unsafe building existed in accordance with the standards set forth in
Chapter 165 and/or Chapter 96 of the Code of Ordinances, and did furnish
the respective owner(s) of the land(s) described in the attached list
with written notice of unsafe building and detailed report of conditions
and notice to vacate as the Building Official determined that the
building was manifestly unsafe and is considered a hazard to life and
public welfare pursuant to Chapter 165, of the Code of Ordinances
describing the nature of the violations and sent notices that the build-
ing was to be vacated and that the building was to be repaired or
demolished; work must be begun within sixty (60) days and all work must
be completed within such time as the Building Official determines, said
notice also advised that all appeals must be filed within thirty (30)
days from the date of service of the notice and failure to file an
appeal or to make the repairs required that the Building Official would
have the authority to have the building demolished from the date of the
said notice; and,
WHEREAS, all the notice requirements contained within Chapter
165 have been complied with; and,
WHEREAS, neither an appeal to the Board of Construction Appeals
or corrective action was undertaken in accordance with the order of the
Chief Building Official; therefore pursuant to Section 165.41 the Build-
ing Official caused the abatement action to be done; and,
WHEREAS, the City Manager of the City of Delray Beach has,
pursuant to Section 165.42 of the Code of Ordinances of the City of
Delray Beach, submitted to the City Commission a report of the costs
incurred in abating said condition as aforesaid, said report indicating
the costs per parcel of land involved; and,
WHEREAS, the City Commission of the City of Delray Beach,
pursuant to Chapter 165, of the Code of Ordinances desires to assess the
cost of said condition against said property owner(s).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
3$
.
Section 1. That assessments in the amount of
as shown by
the report of the City Manager of the City of Delray a copy of which is
attached hereto and made a part hereof, are hereby levied against the
parcel (s) of land described in said report and in the amount (s) indi-
cated thereon. Said assessments so levied shall, if not paid within
thirty (30) days after mailing of the notice described in Section 165.42
become a lien upon the respective lots and parce1(s) of land described
in said report, of the same nature and to the same extent as the lien
for general city taxes and shall be collectible in the same manner and
with the same penalties and under the same provisions as to sale and
foreclosure as City taxes are collectible.
Section 2. That such assessments shall be legal, valid and
binding obligations upon the property against which said assessments are
levied.
Section 3. That the City Clerk of the City of Delray Beach is
hereby directed to immediately mail by certified mail, postage prepaid,
return receipt requested, to the owner(s) of the property, as such
ownership appears upon the records of the County Tax Assessor, notice(s)
that the City Commission of the City of Delray Beach has levied an assess-
ment against said property for the cost of abatement action regarding an
unsafe building by the thirty (30) days after the mailing date of said
notice of assessment, after which a lien shall be placed on said proper-
ty, and interest will accrue at the rate of six percent (6%) per annum,
plus reasonable attorney's fees and other costs of collecting said sums.
Section 4. That this resolution shall become effective thirty
(30) days from the date of adoption and the assessment(s) contained
herein shall become due and payable thirty (30) days after the mailing
date of the notice of said assessment(s), after which a lien shall be
placed on said property(s), and interest shall accrue at the rate of six
percent (6%) per annum plus reasonable attorney's fee and other costs of
collection.
Section 5. That in the event that payment has not been re-
ceived by the City Clerk within thirty (30) days after the mailing date
of the notice of assessment, the City Clerk is hereby directed to record
a certified copy of this resolution in the public records of Palm Beach
County, Florida, and upon the date and time of recording of the certi-
fied copy of this resolution a lien shall become effective on the
subject property which shall secure the cost of abatement, interest at
the rate of 6%, and collection costs including a reasonable attorney's
fee.
of
PASSED AND ADOPTED in regular session on this the
, 19
day
MAYOR
ATTEST:
City Clerk
- 2 -
Res. No. 74-88
NOl'ICE OF ASSESSMENl'
'--/L-6...-.,~. d- i...., ':<',,<, / q n
Date
TO: Juan Medina
J\IlDRESS :
'1' lJT.1 1O'.....~t- .6.....6.....6 n.:.l....<lIy tt....o,..h, 1i'1 '131././.
PR:lPERlY :
"1 'tJtJ 1O'-f,..ot- AUA.........a n.al.....:llY ll.a<ll...h, 1i'1 1: ':t I. <t "
LEGAL DESCRIPTION: North 70 feet of Lot 4, Block 59, Town of Delray (Old School
Square Histor1c U1Srr1Cr) accoralng to Ylat BOOk 1, Yage 3 of the official
records of Palm Beach County, Fl
You, as the record owner of, or holder of an interest in, the above-described
property are hereby advised that a cost of $1 , 753. 40 by resolution of
the City Council of the City of Delray Beach, Florida, dated ~. i< ~. /y," ,
19 , has been levied against the abJve-described property.
- #
'lbe CXlsts were incurred as a result of a nuisance abatellent action regarding'
the above-described property. You were given written ootice on 5-13-88
that the b.1i.lclirv;J official has deteDnined that a b.1i.lding located on the above-
described property was unsafe. You were advised in that ootice of the action to
be taken to remedy that unsafe condition and of the time within which the renedial
action was required to be taken.
You failed to appeal the decision of the b.1i.lclirv;J official to
the Board of Construction A[:1?eals although you were infoJ:IlE!d
of your right to an appeal and of the procedures for obtainin;J
appeal. You have also failed to take the CXlrrective action
required by the notice of the b.1i.lding official.
You appealed the decision of the roilding official to the
Board of Construction Appeals. You were given written
ootification on that you were required
to take the corrective action required by the decision of
the Board of Construction A[:1?eals within a stated period of
time. You failed to take the action as required by the order
of the Board of Construction Appeals.
'1be City of De1ray Beach has therefore taken renedial action to rellDIIe the
unsafe condition existing on the above-described property on 10-25-88
at a CXlst of $1,753.40 which includes a ten percent 110\)
administrative fee. If you fail to pay this CXlst within thirty 130) days, that
CXlSt shall be recorded on the Official Records of Palm Beach County, Florida
against the above-described property.
x
Copy of all notices referred to in this notice are available in the office
of the h,i1oing official.
BY OODER OF THE CITY cnN:IL.
.L7~<<~-"
City Clerk
RESOLUTION NO. 75-88
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS
FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON
LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING
OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING
FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST
ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU-
TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE
SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR
THE MAILING OF NOTICE.
WHEREAS, the Building Official or his designated representative
has, pursuant to Chapter 165, of the Code of Ordinances, declared the
existence of an unsafe building upon certain lots or parcels of land,
described in the list attached hereto and made a part hereof, for
violation of the building codes and building requirements adopted by
Chapter 165 and those Codes adopted in Chapter 96 of the Code of Ord-
inances; and,
WHEREAS, pursuant to Chapter 165, of the Code of Ordinances of
the City of Delray Beach, the Building Official or his designated
representative has inspected said land (s) and has determined that an
unsafe building existed in accordance with the standards set forth in
Chapter 165 and/or Chapter 96 of the Code of Ordinances, and did furnish
the respective owner (s) of the land (s) described in the attached list
with written notice of unsafe building and detailed report of conditions
and notice to vacate as the Building Official determined that the
building was manifestly unsafe and is considered a hazard to life and
public welfare pursuant to Chapter 165, of the Code of Ordinances
describing the nature of the violations and sent notices that the build-
ing was to be vacated and that the building was to be repaired or
demolished; work must be begun within sixty (60) days and all work must
be completed within such time as the Building Official determines, said
notice also advised that all appeals must be filed within thirty (30)
days from the date of service of the notice and failure to file an
appeal or to make the repairs required that the Building Official would
have the authority to have the building demolished from the date of the
said notice; and,
WHEREAS, all the notice requirements contained wi thin Chapter
165 have been complied with; and,
WHEREAS, neither an appeal to the Board of Construction Appeals
or corrective action was undertaken in accordance with the order of the
Chief Building Official; therefore pursuant to Section 165.41 the Build-
ing Official caused the abatement action to be done; and,
WHEREAS, the City Manager of the City of Delray Beach has,
pursuant to Section 165.42 of the Code of Ordinances of the City of
Delray Beach,. submitted to the City Commission a report of. the costs
incurred in abating said condition as aforesaid, said report indicating
the costs per parcel of land involved; and,
WHEREAS, the City Commission of the City of Delray Beach,
pursuant to Chapter 165, of the Code of Ordinances desires to assess the
cost of said condition against said property owner(s).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
.?b
.
,
as shown by
the report of the City Manager of the City of Delray a copy of which is
attached hereto and made a part hereof, are hereby levied against the
parcells) of land described in said report and in the amount(s) indi-
cated thereon. Said assessments so levied shall, if not paid within
thirty (30) days after mailing of the notice described in Section 165.42
become a lien upon the respective lots and parcells) of land described
in said report, of the same nature and to the same extent as the lien
for general city taxes and shall be collectible in the same manner and
with the same penalties and under the same provisions as to sale and
foreclosure as City taxes are collectible.
Section 1. That assessments in the amount of
Section 2. That such assessments shall be legal, valid and
binding obligations upon the property against which said assessments are
levied.
Section 3. That the City Clerk of the City of Delray Beach is
hereby directed to immediately mail by certified mail, postage prepaid,
return receipt requested, to the owner(s) of the property, as such
ownership appears upon the records of the County Tax Assessor, notice(s)
that the City Commission of the City of Delray Beach has levied an assess-
ment against said property for the cost of abatement action regarding an
unsafe building by the thirty (30) days after the mailing date of said
notice of assessment, after which a lien shall be placed on said proper-
ty, and interest will accrue at the rate of six percent (6%) per annum,
plus reasonable attorney's fees and other costs of collecting said sums.
Section 4. That this resolution shall become effective thirty
(30) days from the date of adoption and the assessment(s) contained
herein shall become due and payable thirty (30) days after the mailing
date of the notice of said assessment(s), after which a lien shall be
placed on said property(s), and interest shall accrue at the rate of six
percent (6%) per annum plus reasonable attorney's fee and other costs of
collection.
Section 5. That in the event that payment has not been re-
ceived by the City Clerk within thirty (30) days after the mailing date
of the notice of assessment, the City Clerk is hereby directed to record
a certified copy of this resolution in the public records of Palm Beach
County, Florida, and upon the date and time of recording of the certi-
fied copy of this resolution a lien shall become effective on the
subject property which shall secure the cost of abatement, interest at
the rate of 6%, and collection costs including a reasonable attorney's
fee.
"
of
PASSED AND ADOPTED in regular session on this the
, 19
day
MAYOR
ATTEST:
City Clerk
- 2 -
Res. No. 75-88
NJrlCE OF ASSESSMENl'
'--";(..A-t~ ~.~....., .:z.~ /Y'tfY
Date
TO: ChArl~8 And Ma~flda Jnhn~nn
J\lDRESS :
"Ii ~TJ nt"h Av~nll~ n.' T~Y R",;:a,..h 'Fl ':\':\t..lLA
PRJPERlY: '} '} ':\
!=;W nt"h AViP.!nniP. nllolT::IY R..Al"h Fl ;;LaaL..
Lot 18, Block 23, Town of Delray, according to Plat Book
Page 69 of the official records of Palm Beach County, Fl
10,
UXiAL DESCRIPl'ICN:
You, as the record owner of, or holder of an interest in, the above-descrilied
property are hereby advised that a cost of $2.468.40 by resolution of
the City CoI.lIx:il of the City of Delray Beach, Florida, dated ~.,,;1.,?, / If P J ,
19_, has been levied against the al:Dve-descrilied property.
'D1e costs were incurred as a result of a nuisance abatement action mgardinq t
the above-descrilied property. You loleI'e given written ooti.ce en 6-3-88
that the buildi.n; official has deteDni.ned that a I:W.ldi.n; located en the above-
desc:rilied property was unsafe. You loleI'e advised in that notice of the action to
be taken to rElledy that unsafe ccndition and of the time within which the ratedi.al
actien was required to be taken.
x You failed to appeal the decision of the I:W.ldi.n; official to
the Board of Construction Appeals although you were infonned
of your right to an appeal and of the procedures for obtaining
~l. You have also failed to take the corrective action
required by the notice of the I:W.lding official.
You appealed the decision of the I:W.lding official to the
Board of Construction Appeals. You loleI'e given written
notification on that you 10ere required
to take the corrective action required by the decision of
the Board of Construction Appeals within a stated period of
time. You failed to take the action as required by the order
of the Board of Construction Appeals.
'D1e City of Delray Beach has therefore taken rerredial action to ratIJVe the
unsafe oanditicn existing en the above-desc:rilied property on 11-?-RR
at a ClOSt of $2.468.40 ~ch includes a ten percent (10\)
administrative fee. If you fail to pay this ClOSt within thirty (30) days, that
ClOSt shall be recorded on the Official Records of Palm ....._..a. QJunt.y, Florida
aqainst the above-desc:ribed property.
Copy of all notices referred to in this notice are available in the office
of the bl1n.H'lq official.
BY ORDER OF THE CI'lY OXH:IL.
.d~,c ~~~~ h,
RESOLUTION NO. 76-88
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS
FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON
LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING
OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING
FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST
ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU-
TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE
SUBJECT PROPERTY FOR UNPAID ASSESSMENTS, PROVIDING FOR
THE MAILING OF NOTICE.
WHEREAS, the Building Official or his designated representative
has, pursuant to Chapter 165, of the Code of Ordinances, declared the
existence of an unsafe building upon certain lots or parcels of land,
described in the list attached hereto and made a part hereof, for
violation of the building codes and building requirements adopted by
Chapter 165 and those Codes adopted in Chapter 96 of the Code of Ord-
inances, and,
WHEREAS, pursuant to Chapter 165, of the Code of Ordinances of
the City of Delray Beach, the Building Official or his designated
representative has inspected said land(s) and has determined that an
unsafe building existed in accordance with the standards set forth in
Chapter 165 and/or Chapter 96 of the Code of Ordinances, and did furnish
the respective owner(s) of the land(s) described in the attached list
with written notice of unsafe building and detailed report of conditions
and notice to vacate as the Building Official determined that the
building was manifestly unsafe and is considered a hazard to life and
public welfare pursuant to Chapter 165, of the Code of Ordinances
describing the nature of the violations and sent notices that the build-
ing was to be vacated and that the building was to be repaired or
demolished; work must be begun within sixty (60) days and all work must
be completed within such time as the Building Official determines, said
notice also advised that all appeals must be filed within thirty (30)
days from the date of service of the notice and failure to file an
appeal or to make the repairs required that the Building Official would
have the authority to have the building demolished from the date of the
said notice, and,
WHEREAS, all the notice requirements contained within Chapter
165 have been complied with, and,
WHEREAS, neither an appeal to the Board of Construction Appeals
or corrective action was undertaken in accordance with the order of the
Chief Building Official; therefore pursuant to Section 165.41 the Build-
ing Official caused the abatement action to be done, and,
WHEREAS, the City Manager of the City of Delray Beach has,
pursuant to Section 165.42 of the Code of Ordinances of the City of
Delray Beach, submitted to the City Commission a report of the costs
incurred in abating said condition as aforesaid, said report indicating
the costs per parcel of land involved, and,
WHEREAS, the City Commission of the City of Delray Beach,
pursuant to Chapter 165, of the Code of Ordinances desires to assess the
cost of said condition against said property owner(s) .
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
31
section 1. That assessments in the amount of
as shown by
the report of the City Manager of the City of Delray a copy of which is
attached hereto and made a part hereof, are hereby levied against the
parcel(s) of land described in said report and in the amount(s) indi-
cated thereon. Said assessments so levied shall, if not paid within
thirty (30) days after mailing of the notice described in Section 165.42
become a lien upon the respective lots and parcells) of land described
in said report, of the same nature and to the same extent as the lien
for general city taxes and shall be collectible in the same manner and
with the same penalties and under the same provisions as to sale and
foreclosure as City taxes are collectible.
Section 2. That such assessments shall be legal, valid and
binding obligations upon the property against which said assessments are
levied.
Section 3. That the City Clerk of the City of Delray Beach is
hereby directed to immediately mail by certified mail, postage prepaid,
return receipt requested, to the owner(s) of the property, as such
ownership appears upon the records of the County Tax Assessor, notice(s)
that the City Commission of the City of Delray Beach has levied an assess-
ment against said property for the cost of abatement action regarding an
unsafe building by the thirty (30) days after the mailing date of said
notice of assessment, after which a lien shall be placed on said proper-
ty, and interest will accrue at the rate of six percent (6%) per annum,
plus reasonable attorney's fees and other costs of collecting said sums.
Section 4. That this resolution shall become effective thirty
(30) days from the date of adoption and the assessment(s) contained
herein shall become due and payable thirty (30) days after the mailing
date of the notice of said assessment(s), after which a lien shall be
placed on said property(s), and interest shall accrue at the rate of six
percent (6%) per annum plus reasonable attorney's fee and other costs of
collection.
Section 5. That in the event that payment has not been re-
ceived by the City Clerk within thirty (30) days after the mailing date
of the notice of assessment, the City Clerk is hereby directed to record
a certified copy of this resolution in the public records of Palm Beach
County, Florida, and upon the date and time of recording of the certi-
fied copy of this resolution a lien shall become effective on the
subject property which shall secure the cost of abatement, interest at
the rate of 6%, and collection costs including a reasonable attorney's
fee.
of
PASSED AND ADOPTED in regular session on this the
, 19
day
MAY 0 R
ATTEST:
City Clerk
- 2 -
Res. No. 76-88
OOl'ICE OF ASSESSMENr
~." ~t.-<-/.;z.~./?I'P
Date
ro:
Sylvia Schupler, Tr.
AalRESS:
3101 Washington Road, West Palm Beach, FI 33405
E-KJ.t'l:OKJ:i:
107-109 SW 5th Avenue, Delray Beach, FI 33444
LEGAL ~ON: South 5 feet of Lot 1 and N71.5 feet of Lot 2, Block 30, Town
of Delray accord1ng to ~Lat ~ook 1, ~age j 01 the 0111cial records 01 Palm
Beach County, Florida
You, as the record owner of, or holder of an interest in, the above-described
prcp!rty are hereby advised that a cost of $5,387.80 by resolution of
the City Council of the City of Delray Beach, Florida, dated ~. ~~. /f?/! ,
19_, has been levied against the al:cve-described prcp!rty.
#
'n1e costs were incurred as a result of a nuisance abatement actia1 :reqardinq'
the al:cve-described property. You were given written ooticeCX'l l_11_RR
that the building official has deteJ:mined that a building located CX'l the above-
described property was unsafe. You were advised in that ootice of the action to
be taken to renely that unsafe CCX'ldi.tion and of the time within ~ the remedial
actiat was required to be taken.
You failed to appeal the decision of the building official to
the Board of Construction l\{Teals although you were infonned
of your right to an arlJElal and of the procedures for obt:ai.ning
~1. You have also failed to take the corrective actia1
required by the notice of the building official.
x You "R"""led the decision of the building official to the
Board of Construction 1orP'''ls. You were given written
ootification on 4-28-88 that you were required
to take the corrective action required by the decision of
the Board of Constnlcti.on Appeals within a stated period of
time. You failed to take the action as required by the 0J:der
of the Board of ConstructiCX'l Appeals.
'n1e City of Delray Beach has therefore taken remedial action to ratDVe the
unsafe conditi.a1 existing at the above-described property on 10-21-88
at a cost of $5,387.80 which includes a ten percent (10')
administrative fee. If you fail to pay this cost within thirty (30) days, that
cost shall be recorded on the Official Records of Palm Beach 0Junty, Florida
against the above-described property.
Copy of all notices referred to in this ootice are available in the office
of the hIli lrlin] official.
BY ORDER OF THE CI'lY axK:IL.
LL;;" ;,-....7 cl....-r.- - "--'
City Clerk
RESOLUTION NO. 77-88
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 90 OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS
FOR ABATING NUISANCES BY REMOVING JUNKED AND/OR ABANDONED
VEHICLES WITHIN THE CITY OF DELRAY BEACH: SETTING OUT
ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING SAID COSTS: PROVIDING FOR AN
EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESS-
MENTS: PROVIDING FOR THE RECORDING OF THIS RESOLUTION,
AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT
PROPERTY FOR UNPAID ASSESSMENTS: PROVIDING FOR THE
MAILING OF NOTICE OF LIEN.
WHEREAS, the City Manager or his designated representative
has, pursuant to Chapter 90 of the Code of Ordinances, removed junked
and/or abandoned vehicles owned by persons described in the list
attached hereto and made a part hereof, for violation of the provisions
of Chapter 90 of the Code of Ordinances: and,
WHEREAS, pursuant to Chapter 90 of the Code of Ordinances of
the City of Delray Beach, the City Manager or his designated represent-
ative has determined that a nuisance existed in accordance with the
standards set forth in Chapter 90 of the Code of Ordinances, and did
furnish the respective owner(s) of the land(s) described in the
attached list with written notice of public nuisance pursuant to
Sections 90.02 and 90.03 of the Code of Ordinances: and,
WHEREAS, the property owner(s) named in the list attached
hereto and made a part hereof did fail and neglect to remove said
junked and/or abandoned vehicles, and thus failed to abate the nuis-
ance(s) or to properly request a hearing pursuant to Chapter 90 within
the time limits prescribed in Chapter 90 of the Code of Ordinances, or
if the property owner(s) did request and receive a hearing, said
property owner(s) failed and/or neglected to abate such nuisance(s) as
required by Chapter 90 of the Code of Ordinances: and,
WHEREAS, the City of Delray Beach, through the City Adminis-
tration or such agents or contractors hired by the City Administration
was therefore required to and did remove said junked and/or abandoned
vehicles owned by persons described in the list attached and made a
part hereof and incurred costs in abating the subject nuisance(s): and,
WHEREAS, the City Manager of the Ci ty of Delray Beach has,
pursuant to Chapter 90 of the Code of Ordinances of the City of Delray
Beach, submitted to the City Commission a report of the costs incurred in
abating said nuisance(s) as aforesaid: and,
WHEREAS, the City Commission of the City of Delray beach,
pursuant to Chapter 90 of the Code of Ordinances desires to assess the
cost of said nuisance(s) against said property owner(s),
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS
Section 1. That assessments in the individual amounts as
shown by the report of the City Manager of the City of Delray Beach,
involving the City's cost of abating the aforesaid nuisances a copy of
which is attached hereto and made a part hereof, are hereby levied
against the parcel (s) of land described in said report and in the
amount(s) indicated thereon. Said assessments so levied shall, if not
paid within thirty (30) days after mailing of the notice described in
325
"
Section 3, become a lien upon the respective lots and parcel(s) of land
described in said report, of the same nature and to the same extent as
the lien for general city taxes and shall be collectible in the same
manner and with the same penalties and under the same provisions as to
sale and foreclosure as City taxes are collectible.
Section 2.
binding obligations
are levied.
That such assessment shall be legal, valid and
upon the property against which said assessments
Section 3. That the City Clerk of the City of Delray Beach is
hereby directed to immediately mail by first class mail to the owner(s)
of the property, as such ownership appears upon the records of the
County Tax Assessor, notice(s) that the City Commission of the City of
Delray Beach on the has levied an
assessment against said property for the cost of abatement of said
nuisance by the City, and that said assessment is due and payable
within thirty (30) days after the mailing date of said notice of
assessment, after which a lien shall be placed on said property, and
interest will accrue at the rate of 8% per annum, plus reasonable
attorney's fees and other costs of collecting said sums.
Section 4. That this resolution shall become effective thirty
(30) days from the date of adoption and the assessment(s) contained
herein and shall become due and payable thirty (30) days after the
mailing date of the notice of said assessment(s), after which a lien
shall be placed on said property(s), and interest shall accrue at the
rate of eight (8) percent per annum plus, if collection proceedings are
necessary, the costs of such proceedings including a reasonable
attorney's fee.
Section 5. That in the event that payment has not been
received by the City Clerk within thirty (30) days after the mailing
date of the notice of assessment, the City Clerk is hereby directed to
record a certified copy of this resolution in the public records of
Palm Beach County, Florida, and upon the date and time of recording of
the certified copy of this resolution a lien shall become effective on
the subject property which shall secure the cost of abatement, interest
at the rate of 8%, and collection costs including a reasonable
attorney's fee.
Section 6. That at the time the City Clerk sends the
certified copy of this resolution for recording, a notice of lien, in
the form of prescribed in Section 90.06 of the Code of Ordinances, shall
be mailed to the property owner.
day of
PASSED AND ADOPTED in regular session on this the
, 1988.
MAYOR
ATTEST:
City Clerk
-2-
Res. No. 77-88
COST OF ABATING NUISANCES UNDER CHAPTER 90
OF THE CODE OF ORDINANCES
PROPERTY DESCRIPTION
LOT 16, BLK 49, TOWN OF DELRAY,
PB 12, P 86, PUBLIC RECORDS,
PALM BEACH COUNTY, FL
(310 NW 1ST AVENUE)
LOT 3, BLK 1, ROSEMONT PARK,
PB 13, P 60, PUBLIC RECORDS,
PALM BEACH COUNTY, FL
(609 SW 5TH AVENUE)
S 73.5' OF LOT 11 & LOT 12 OF
N 1/2 OF BLK 38, TOWN OF
DELRAY, PB 1, PAGE 3, PUBLIC
RECORDS, PALM BEACH COUNTY,FL
(132 SW 3RD AVENUE)
LOT 11, BLK 26,TOWN OF DELRAY,
PB 5, P 64, PUBLIC RECORDS,
PALM BEACH COUNTY, FL.
(403 NW 2ND STREET)
S 50' OF N 265'OF W 135' OF
BLK 26, TOWN OF DELRAY, PB 5,
P 64, PUBLIC RECORDS, PALM
BEACH COUNTY, FL
(231 NW 5TH AVENUE)
LOTS 11 & 12, BLK 34, TOWN OF
DELRAY, PB 10, P 45, PUBLIC
RECORDS, PALM BEACH COUNTY, FL
(317 NW 2ND STREET)
LOT 13, BLK 1, CARVER PARK,
PB 27, P 55, PUBLIC RECORDS,
PALM BEACH COUNTY, FL
(402 SW 15TH TERRACE)
LOT 1 & N 7' OF LOT 2, REPLAT
OF PT OF BLK 27, DELRAY BEACH,
PB 21, P 43, PUBLIC RECORDS,
PALM BEACH COUNTY, FL
(139 NW 5TH AVENUE)
LOT 2/LESS N 7', REPLAT OF PT
OF BLK 27, DELRAY BEACH,
PB 21, P 43, PUBLIC RECORDS,
PALM BEACH COUNTY, FL.
(139 NW 5TH AVENUE)
OWNER
SILEUS JEAN & ULRINE &
JACQUES JOSEPH (H&W)
310 NW 1ST AVENUE
DELRAY BEACH, FL 33444
MCKINLEY JOHNSON
719 SW 6TH STREET
DELRAY BEACH, FL 33444
EMMALINE HEASTIE
120 SW 3RD AVENUE
DELRAY BEACH, FL 33444
RONALD SMITH
403 NW 2ND STREET
DELRAY BEACH, FL 33444
ROBERT U. & MINNIE
L. BARR (H&W)
231 NW 5TH AVENUE
DELRAY BEACH, FL 33444
C. FRANK GREEN, JR.
FRED MONROE
51 PLEASANT AVENUE
MONTCLAIR, NJ 07042
WAYNE H. & MARY BROWN
(HUSBAND & WIFE)
402 SW 15TH TERRACE
DELRAY BEACH, FL 33444
EVERGLADE PROGRESSIVE
CITIZENS INC.
P.O. BOX 1750
BELLE GLADE, FL 33430
EVERGLADE PROGRESSIVE
CITIZENS INC.
P.O. BOX 1750
BELLE GLADE, FL 33430
ASSESSMENT
$ 40.00
65.00 (ADM. COST)
(RECORDING)
$ 40.00
65.00 (ADM. COST)
(RECORDING)
$ 40.00
65.00 (ADM. COST)
(RECORDING)
$ 40.00
65.00 (ADM. COST)
$ 40.00
65.00 (ADM. COST)
(RECORDING)
$ 40.00
65.00 (ADM. COST)
( RECORDING)
$ 40.00
65.00 (ADM. COST)
(RECORDING)
$120.00
25.00 (ADM. COST)
(RECORDING)
$120.00
25.00 (ADM. COST)
(RECORDING)
VIOLATION IS: SECTION 90.03, STORING, PARKING, OR LEAVING WRECKED OR
INOPERABLE MOTOR VEHICLES ON PRIVATE PROPERTY; EXCEPTIONS.
-3-
Res. No. 77-88
II
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II
PESOLUTION NO. 78-88
A RESOLUTION FO THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 2 OF RESOLU-
TION NO. 67-88 TO PROVIDE THAT THE EFFECTIVE DATE OF
SAID RESOLUTION WHICH ABANDONS "FOREST ROAD" SHALL BE
DECEMBER 8, 1988; PROVIDING AN EFFECTIVE DATE FOR THIS
RESOL UTION.
I
II
II
II
II
II
Ii
WHEREAS, the City Commission of the City of Delray Beach, Florida, did, on
the 25th of October of 1988, adopt Resolution No. 67-88 which Resolution approved of
the abandonment of certain dedicated real property known as Forest Road; and,
WHEREAS, said Resolution No. 67-88 provided for an effective date of fifteen
days following passage, which date would have been November 9, 1988; and,
WHEREAS, the City Commission desires to amend said Resolution No. 67-88 to
extend the effective date thereof to be December 8, 1988, and to ratify the City
Commission's agreement with said effective date by motion at its meeting of November 8,
1988.
NOW. THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 2 of Resolution No. 67-88 be, and the same is
hereby amended to read as follows:
Section 2. That this Resolution shall become effective fH'teel'l.
fl:5t-cl-aYfr-ttftef'-I'-a-so"lfl.-g'e on December 8, 1988.
Section 2. That this Resolution shall take effect Upon its passage and be
retroactively applicable to and including November 8, 1988.
PASSED AND ADOPTED in regular session on this the
November, 1988.
22nd
day of
MAYOR
ATTEST:
City Clerk
3q
['r~r 0..,...... DP.r, ".....III'!f;.......!"p S. 1""'.'.'"'''''''. f
, ~. "~f"' S" . , ., '.
, ~ . " i ~" \1;, ~ l' , l]',,~, ;i, ! ;
CITY ATTORr~EY1S OFFICE
ll(V~
.,
, ii;
" :!
1-.: V-H, I JO]{Jj)-\
!1EMORANDUM
Date~
November 1, 1988
To:
Wal ter O. Bar ry, City Manager,/
W
Attorney ~l
From:
Jeffrey S. Kurtz, Assistant City
Subject:
Contract with Hoover Irrigation
Course Irrigation Improvements
Project No. 05-09-88-DB
Corporation for Golf
The City Commission has previously awarded this contract in the
amount of $45,020.00 to Hoover Irrigation Corporation for
improvements to be made to the golf course irrigation system.
Apparently, because of the changing of insurance and bonding
companies, Hoover Irrigation has been unable to supply us with
a performance payment bond as required by the contract. They
have indicated in an October 27, 1988 letter to Mr. Glas that
they would be willing to begin work under the contract and
defer all payments until a sui table payment performance bond
was received by the City. I have therefore drafted the
attached addition to their contract and asked them to execute
it prior to our November 8 meeting. It would be my intent to
have the City Commission approve this modification to the
contract at their November 8, 19888 meeting. This modification
will allow them to begin work on the project prior to Thanks-
giving and complete the work sometime around the beginning of
1989.
Should you have any questions concerning this matter, please do
not hesitate to contact me.
JSK:sh
CC: City Commission
Joe Weldon, Director of Parks and Recreation
Ted Glas, Purchasing Director
10
Addendum 5. Article 5 of the agreement between the City of
Delray Beach and Hoover Irrigation Corporation for the golf
course irrigation improvements, Project No. 5-09-88-DB City of
Delray.Beach, Florida.
5. :, Notwithstanding the payment provisions contained l.n
Article 5 above, the contractor agrees that all
payments to the contractor shall be deferred until
such time as the City has received a properly exe-
cuted performance bond issued by a suitable surety in
a form as contained on Page H-l through H-3 of this
agreement, which bond shall act as security for the
performance of the work and payment of all persons
performing labor or furnishing materials in connec-
tion with the work and guaranteeing the equipment
furnished and work performed to be free from defects
for a period of one (1) year after installation and
acceptance. Contractor further agrees that the
cashier's checks submitted to the City as a bid bond
shall not be returned to him until such time as the
previously referenced guarantee and performance bond
has been received by the City. All other provisions
of the contract, including time to begin and complete
work shall remain in full force and effect.
ATTEST: City of Delray Beach, Florida
City Clerk
By:
MAYOR
Approved as to Form:
City Attorney
[ITY DF DELRAY BEA[H
100 N.W. 1st AVENUE
DE LRA Y BEACH, F LOR IDA 33444
305/243-7000
MEMORANDUM
TO: Mayor and City Commisison
FROM: Walter O. Barry, City Manager
SUBJECT: REALLOCATION OF COMMISSION OFFICE/RECEPTION SPACE
DATE: November 18, 1988
At your November 15th workshop a consensus was reached relative to
authorizing me to reallocate the Commission office and reception area
space. This space is contemplated for use by the Assistant City
Manager and Internal Audit staff or possibly Management Services Budget
and Risk Management staff.
I have placed this item on your November 22nd agenda for formal action.
WOB:cl
THE EFFORT ALWAYS MATTERS
L/-\
[ITY OF DELRR\~ BER[t~
100 rJv.' 1<;t AVE\JUE
DE :..J-:;:' ,{ be '::<d, F- LQRlDA 33444
4~); ~'-;'"
MEMORANDUM
,
,
SUBJECT:
Mayor and City Commission ~~ I
walter O. Barry, City "nagt<~f L!)~~~
CONTINENTAL PLAYERS CUP FUNDING
TO:
FROM:
DATE:
November 16, 1988
The Continental Players Cup scheduled for December 9th through 18th is
progressing well. Park and Recreation staff have been meeting with the
organizers and Gleneagle staff to coordinate the upcoming tennis
tournament.
The Commission budgeted $10,000 towards this event and the organizers
are now requesting a $5,000 of that total. Based on the progress to
date and the anticipated success of this event, I recommend Commission
approve the Continental Players CUp request for $5,000 of a $10,000
allocation budgeted for the Continental Players CUp.
WOB:cl
THE EFFORT ALWAYS MATTERS
4--v
, I, ;:,j,-h.k,
~vv
[Iry DF DELRRY BERCH
100 N,W. 1ST AVENUE
DELRAY BEACH, FLORIDA 33444
30~)"24:::; 7QOD
MEMORANDUM
TO: Water O. Barry, City Manager
FROM: Robert A. Barcinski, Assistant City Manager/~
Management Services Group
DATE: November 7, 1988
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
NOVEMBER 22, 1988 - BIDS - ANNUAL CONTRACT
FOR WATER METERS
Item Before City Commission:
City Commission is requested to award a bid for water meters to
Sunstate Meter and Supply, at an estimated annual cost of $71,373,
based on estimated quantities. Funding for water meters is from the
Capital Improvement Project Fund-Public Utilities Operation account.
Back9round:
Invitations to Bid were mailed to eight (8) vendors who sell water
meters. Four (4) vendors submitted bids (tabulation of bids is
attached). The low responsive bid was submitted by Sunstate Meter and
Supply on the Badger meter. This meter meets City specifications and
recommendation is based on the extension of prices and estimated
quantities for purchase and estimates for those meters to be scraped
and used as trade-ins.
Recommendation:
Staff recommends award of bid on annual contract for water meters to
Sunstate Meter and Supply (on the Badger Meter) at an estimated annual
cost of $71,373, based on estimated quantities. Per the specifica-
tions, it is requested that the City Manager be authorized to renew
the contract for two additional one (1) year periods, subject to
vendor acceptance, satisfactory performance, and determination that
renewal is in the best interest of the City. Funding for water meters
is from the Capital Improvement Project Fund-Public Utilities Opera-
tion account '441-5161-536-60.87, where $80,000 is budgeted.
RAB:sk
attachment
THE EFFORT ALWAYS MATTERS
43A
M E M 0 RAN DUM
To:
Robert A. Barcinski, Asst. City Manager/
Management Services
From:
Ted Glas, Purchasing Director
f.4--
Date:
November 4, 1988
Subject:
Bids on Annual Contract for Water Meters; Bid
1188-72
Invitations to Bid were mailed to eight (8) vendors "ho
sell water meters on August 17, 1988. A Legal
advertisement was placed in the Palm Beach Post on
August 24, 1988.
Four (4) vendors submitted bids for the September 7.
1988 bid opening. A tabulation of Bids is attached for
your reviev.'.
The Lo" responsive bid was submitted by Sunstate Meter
& Supply on the Badger Meter. This meter meets City
specifications.
Follo"ing staff analysis and revie". it is recommended
that the contract for water meters, (sizes 5/8" x 3/4"
through 2"), be awarded to the 10" bidder, Sunstate
Meter & Supply, at an estimated annual cost of
$71,373 based on estimated quantities; and per the
specifications, the City Manager be authorized to rene"
the contract for two additional one (I) year periods,
subject to vendor acceptance, satisfactory performance,
and determination that renewal is in the best interest
of the City.
Per the Budget Office, funding for water meters is from
the Capital Improvement Project Fund-Public Utilities
Operation, where $80,000 is budgeted.
Attachments:
Tabulation of Bids
Memo from Public Utilities
pc: Robert Pontek
Yuonne Kincaide
co
co
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[Iry DF DElRRY BER[H
tit;;+-
100 N.W, 1st AVENUE
DE LRA Y BEACH, F LOR I DA 33444
30S/243 7QCJ0
MEMORANDUM
TO:
Walter O. Barry, City Manager
Robert A. Barcinski, Assistant City Manger/p~
Management Services Group r?~
FROM:
DATE:
November 7, 1988
SUBJECT:
DOCUMENTATION - CITY COMMISSION MEETING _
NOVEMBER 22, 1988 - PURCHASE POLICE
MOTORCYCLES VIA STATE CONTRACT
It~m B~fore Commission:
City Commission is request to approve the acquisition of
three (3) police motorcycles, per their 1988-90 capital
outlay budget. The three (3) police motorcycles (Kawasaki)
are to be purchases via Florida State Contract
.070-840-89-1, from Honda Kawasaki of Milton, at a cost of
$6,639 each and a total delivered cost of $19,917.
Backarollnd:
The three (3) police motorcycles,
equipped with strobe lights and P.A.
will replace, 1 - 1982 and 2 - 1985
sive wear and mileage.
Kawasaki KZIOOOP, are
kit. These motorcycles
motorcycles with exten-
R~comm~ndation:
Staff recommends City Commission approve the acquisition of
three (3) pOlice motorcycles via Florida State Contract
'070-840-89-1 at a cost of $6,639 each and a total delivered
cost of $19,917. Funding for this purchase is available in
account '001-2117-521-60.84 (Police Patrol-Capital
OutlaY-Automotive), where $23,100 was budgeted.
RAB:sk
attachments
THE EFFORT ALWAYS MATTERS
Lj3 B
To:
Robert A. Barcinski, Assistant City Manager/
Management Services
From:
Ted Glas, Purchasing Director
Date:
November 2, 1988
Subject:
Purchase of Police Motorcycles Via State Contract
The Police
(3) police
bUdget.
Department has submitted a requisition for three
motorc~'cles, per their 1988-89 capital outlay
Police special motorcycles are available on Florida State
Contract #070-840-89-1 through August 31, 1989.
Following staff analysis and review, it is recommended that
three (3) police motorcycles (Kawasaki) be purchased via
Florida State Contract from Honda Kawasaki of Milton, at a
cost of $6,639. each and a total delivered cost of $19,917.
Per the Budget Office funding for this purchase is available
in account #001-2117-521-60.84 (Police Patrol- Capital
Outlay- Automotive) where $23,100. was budgeted.
~~~
Ted Glas
Purchasing Director
Attachments:
Documentation on State Contract
pc Yvonne Kincaide
Chief Kilgore
[ITY DF DELRRY BER:Ct~
100 N,\\' 1ST AVP~UE
Dt:LRt.y BU~Crl, FLQRIQA 33444
oM,;' .";
MEMORANDUM
TO: Walter O. Barry, City Manager
FROM: Robert A. Barcinski, Assistant City Manager/~
Management Services Group
DATE: November 14, 1988
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
NOVEMBER 22, 1988 - PURCHASE - SCOTT AIR
PAKS/BOTTLES/BENCH - FOR FIRE DEPARTMENT
Item Before Ci~y Commission,
City Commission is requested to approve the sole-source
purchase of Scott air paks, spare bottles and a test bench
for the Fire Department, to Safety Equipment Company at a
total cost of $77,673.60. Funding for this purchase is
available in account 1001-2315-526-60.89, (Fire/EMS Opera-
tions-Capital Equipment-Other).
Back9round,
This purchase is a continuation of our plan to upgrade the
Fire Department's air supply system and to our commitment to
issue personnel their own personal self contained breathing
apparatus. Documentation is attached stating that the firm,
Safety Equipment Company, is the exclusive distr ibutor for
Scott equipment for the State of Florida. Documentation is
also attached showing the prices offered by Safety Equipment
Company are 15% below normal list price.
Recommendation:
Staff recommends that the
bottles and test bench be
Company, at a total cost of
lows,
purchase of
awarded to
$77,673.60,
Scott air paks,
Safety Equipment
breakdown as fol-
THE EFFORT ALWAYS MATTERS
43t-
Documentation - Commission Meeting - November 22, 1988
Subject: Purchase Scott Air paks - Fire Department
November 14, 1988
Page 2
Description
unit Price
Extended
40 - Air Paks
48 - Bottles
1 - Test Stand
Training
$1,462.00
311.95
4,220.00
N/C
$58,480.00
14,973.60
4,220.00
N/C
Total Cost
$77,673.60
Funding for this purchase is available in account #001-2315-
526-60.89 (Fire/EMS Operations-Capital Equipment-Other).
RAB:sk
attachment
TO:
Robert A. Barcinski, Assistant City Manager/
Management Services
FROM:
Ted Glas, Purchasing Director
DATE:
November 14, 1988
SUBJECT:
Purchase of Scott Air Packs for Fire Department
The Fire Department is requesting sole-source procurement of
Scott air packs, spare bottles, and a test bench as both neK
and replacement items, per their attached memo.
Documentation is attached stating that the firm, "Safety
Equipment Company", is the exclusive distributor for Scott
equipment for the state of Florida.
Documentation is also attached showing the prices offered by
Safety Equipment Company are 15% below normal list price.
Therefore, the prices are considered to be fair and
reasonable.
Description
40 - Air Paks
48 - Bottles
1 - Test Stand
Training
Unit Price
$1,462.00
311.95
4,220.00
N/C
Extended
$58,480.00
14,973.60
4,220.00
N/C
Total Cost
$77,673.60
It is recommended that the purchase of Scott air pacs,
bottles, and test bench be awarded to Safety Equipment
Company, at a total cost of $77,673.60.
Per the Budget Office, funding for this purchase is
available in account #001-2315-526-60.89 (Fire/Ems
Operations- Capital Equipment-Other).
~~
Ted Glas
Purchasing Director
Attachments
Memorandum from Fire Department
Documentation on Sole-Source & Pricing
pc Chief Koen
Yvonne Kincaide
.'
DEPARTMENTAL
CORRESPONDENCE
[ITY DF
DElRAY BEA[H
TO
TED GLAS, PURCHASING DIRECTOR
FROM
M.B. WIGDERSON, ASSISTANT FIRE CHIEF
--"~
PURCHASE OF SCOTT AIR PAKS, SPARE SCBA
TANKS AND TEST BENCH
SUBJECT
,.,'
11/02/88
I have received a proposal from Safety Equipment Company for
the purchase of complete SCBA (Scott 2.2), spare SCBA air tanks,
and a Scott Aviation Test Bench for 2.2 air paks. As you know
Safety Equipment Company is the sole source vendor for Scott
Aviation equipment for the State of Florida. This purchase is a
continuation of our plan to upgrade the Department's air supply
system and our commitment to issue personnel their own personal
SCBA.
The money for this purchase is budgeted in category
001-2315-526-60-89. Due to the price breaks that have been
offered to us at this time, (15% off list price), I would like
to request a total of forty (40) 2.2 air paks, #930231-61, at a
cost of $1,462.00 each for a total of $58,480. I would also
like to purchase forty-eight (48) spare tanks, #803162-01, at a
cost of $311.95 each for a total of $14,973.60 and a test stand
F/2-2 air pak, #802830-01, at a cost of $4,220.00. These costs
are less than our total budgeted amount.
I feel SEC has presented us a good proposal including
in-house training for our personnel on proper use of the test
bench, and field level maintenance training. If you have any
questions, please feel free to call me.
~~~'w~~e~~ /*@)
Assistant Fire Chief
MBW/tr
eM :J62
THE EFFORl ALWAYS MATTERS
Safety
~
EillJCorr4Jany
SALES OFFICES tOGA TED IN
T AMPA/ORlANDOI JACKSONVILLEI T AllAHASSEEI MIAMI/PUERTO RICO
20J52 N.r:. Lhlll =-: ;(_(
N I) r t!J :--1 i d ml U(:, ,~t\" F ~. 3'=:1 7 ~1
OctolJer 26, 193:3
Assistant Chief MH:e Wi'Juer,"..!:
City of De1ray Beach
101 West Atlantic Avenue
Delray Beach, F1urida 33444
Dear Chief Wigderson,
Safety Equipment is pleased to present the followinc~ propusal [or
your approval. Please note special pricing that Safety Equipment
is offering the City of Delray Beach.
NORMAL PRICING
35 ea
2.2 dir paks #330231-G:
(choice of size on [acepiecesl
cylinders #803162-01
t~st stand [/2.2 airpack #802830-01
PRILl<:
1720.00
EXTENSION
60,200.00
46 ea
1 ca
367.0n
16,882.00
4,220.00
4220.00
TRAINING:
Approximate figures to send 4 men fur training
on test stand to Lancaster, NY.
2-1/2 day trainiw]
AIRFARE:
Delta Airlines (7.days advance reservation~)
4 @ 258.00 = 1,032.00
or
Delta Airlines (nu advance reservation:::;)
4 @ 564.00 = 2,256.00
N/A
2,256.00
LODGING:
Economy lodging
doulJ1e occupancy
2 nights @43.43 = 86.86
or 4 m~l-I
Semi-Deluxe lodging - double occupancy
2 nights @79.00 =158.00
Food 3 days @35.00/person = 105.00/day
4 @105.00/day =420.00
]16.00
420.00
TOTAL
84,294.00
Safety
~t
m9Company
SALES OFFICES lOCATED IN
T AMPA/ORlANDOI JACKSONVlllE/T AlLAHASSEE/MIAMl/PUEATQ RICO
AI,1'E:RiJATE PRICr:;C
As your. local di::.tribuLor Safety Equipment is p]ca::jl-
Lht_, folJowln'9 a::.; alt.erlidtive pricinq.
i.e, (luote
35 ea
2.2 ~ir paks n930231-61
(choice llf sizes on face pie(:~s)
cylinders n803162-01
test stand f/2.2 airpack H802830-01
1462.00
51,170.0~~
46 ea
I ea
311.95
4220.00
14,349.70
4,220.00
TRAINING:
Training will be at your job site to train
4 men in 1-1/2 days
Additional Field Level Maintenance training for 2.2
.3nd rIA for an,I-' number uf men will be available on
!'1,:J\'cHlber 30.
N/C
TOTAL
59/7~9.7n
Sincerely,
Y!.JVt\. $~ eelS)
Ken I1uo;h
Outside Sales
CHANGE ORDER
No. 4
Dated
November 1 0,
1988
, -
Project No.
Atlantic Avenue Beautification Project
Project Name:
Owner: City of Delray Beach, Florida
Contractor: Clades S. Whiteside, Inc.
Contract Date: June 24, 1988
To:
O1arles S. Whiteside
, Contractor
You are directed to make the following changes in the SUbject contract:
oAdd It" empty conduit with pull boxes for future use $13,410.35
ODelete sign package
$71,150.00 )
which changes are more specifically described in the attached amended plans, drawings, and
specifications.
The reason for the change is as follows:
Empty conduit was added to the plans after
Bid Date. Sign package is deleted at the Cbntractors request. Late approval
date by O::mnission will prevent installation within contract period. Signs
will be installed under separate contract.
The contract price and contract time shall be adjusted because of such changes as follows:
A. Contract Price
1. Contract price prior to this change order:
$1,399,482.73
Page One of Two Pages
43D
CHANGE ORDER #
decrease . f h" h d
2. Net 1nC3:ease resultmg rom t IS C ange or er:
$57.739.65
3. Current contract price including this change order: $1.341.743.08
B. Contract Time
1. Contract time prior to this change order:
2. Net increase resulting from this change order: No O1ange
3. Current contract time including this change order:
City of Delray Beach, Florida, OWNER
By:
Attest:
City Clerk
City of Delray Beach
Approved as to form:
City Attorney
The above changes are accepted on , 198 . I understand that all the
provisions of the Contract Document related to Project No. - which are not
inconsistent with the terms of this Change Order shall remain in effect and apply to all work
undertaken pursuant to this Change Order.
Witness:
, CONTRACTOR
By:
Title
As to Contractor
~
Page Two of Two Pages
CHARLES S. WHITESIDE, INC.
Gtilding. Storm DuiIJ.ge 6l hYing
250. 720d DRIVE. NORTH -:- WEST PALM BEACH. FLORID.... 33413
-:- Telephone 471-7696 - 471-7699 -:.
October 25, 1988
City of Delray Beach
434 S. Swinton Avenue
Delray Beach, Florida 33444
Attention: Mr. John Walker
RE: Atlantic Avenue
Signs
Dear John:
With regards to the revised sign package received late last week, we have forwarded
copies to our manufacturer. After reviewing the revised plans we were given a IO -
12 week fabrication period. Assuming it would take approximately three weeks for
shop drawing approval and four weeks for installation, we would be looking at an
early installation of mid-February.
Due to this we are requesting that the signs package be removed from our contract,
as at this late date it would be virtually impossible for us to install the signs
within a reasonable time of project completion.
Should the city desire that we maintain this portion of the contract, we would request
that this not effect the retainage release of this contract and we be allowed to
review the manufactured cost which could be adjusted due to changes as well as mat-
erial increase.
In addition there will be additional cost in installation due to the fact that pavers
are installed and there will be removal and replacement cost.
If you have any questions, please feel free to call.
Very truly yours,
CHARL...'~~I ms:';I
~ /' /
, ./
<' '
. /p / 1/
'--L:.....i:::-? .::--;< rur;! -
..' ~ohn M. Everett
../ Vice President
JME:lw
co
L-J' &...... ru,.. Y 1 &.....1.. · ru_ W~ ,_v7 LII,. Ut.1 PC Ill'
. CORRESPONDENCE Fvr DELRAY BEA[H
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DATE
10/27/88
In his letter of 10/25/88, John Everett requested that the sign package be
deleted from his contract. His reason is that since the design was approved
so late (approved drawings were delivered /0/17/89 ), signs could not be
installed 'til mid-February, 1989, long after his other work is complete. I
agree that we should 'separate the signs from Whiteside's contract.
Our alternatives for installing signs are:
o Let a separate contract for fabrication and installation of the signs
for Phase I.
o Let a contract for fabrication onl'T of the Phase I signs and have
City forces do the installation.
o Let a contract for fabrication only of all project signs (Phase I,
Phase II, and downtown by-pass). Installation would be by City
forces for Phase I and the loop; Phase II signs would be installed
by the contractor building that phase.
I recommend the last alternative for the following reasons:
o All project signs could be made by the same company, insuring
consistency.
o Contractor profits and taxes saved in fabrication.
o Signs could be installed as time is available, with existing
manpower.
o Cost of Phase II would be reduced since contractor would only
charge for installation.
With any of the above options, we need to install minimum required temp-
orary signs on Phase I now.
JPW: j i
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