Loading...
03-26-73 MARCH 26t 1973 A regular meeting of the City Council of the City of Delray Beach, Florida, was held in the Council Chambers at 7:30 P.M. on Monday, March 26, 1973, with Mayor James H. Scheifley presiding, City Manager J. Eldon Mariott, City Attorney G. Robert Fellows, and Council members Grace S. Krivos, J. L. Saunders, Leon M. Weekes and O. F. Youngblood present. 1. The opening prayer was delivered by Dr. Frank Hamilton of the Church of the Palms, Delray Beach, Florida. 2. The Pledge of Allegiance to the Flag of the United States of America was given. 3. The minutes of the regular meeting of March 12, 1973 were unanimously approved on motion by Mrs. Krivos and seconded by Mr. Weekes. 4.a. Mayor Scheifley read a Proclamation proclaiming the week of April 9 through 15, 1973, as Earth Week. The Proclamation was received by Mrs. Roy Chenault, Chairman of the Committee on Environ- mental Quality of the League of Women Voters. Mrs. Chenault announced the dates for the Reynolds Aluminum Truck to receive aluminum cans for recycling. She also informed Council of the dates that newspapers would be collected in Boca Raton. 5.a. Mr. Charles W. Moore of Delray Beach informed Council that several years ago the City had requested him to annex 25 acres south of S.W. 10th Street from Germantown Road to the right-of-way of 1-95 to enable the City to annex property west of this acreage. Mr. Moore complied with this request with the understanding that 300 feet on the west side of his property would be zoned C-3 and the balance of the 25 acres would be zoned C-2. The City annexed Mr. Moore's property under the above stated conditions. Mr. Moore later signed an agreement with the City giving the City a 50 foot right- of-way along the entire 25 acres. This past January, Mr. Moore discovered his property had been rezoned from C-2 to RM-15 on 9½ acres; 4 acres is zoned Heavy Industrial; other property on which he had built a warehouse is now zoned RM-15 making it non-conforming. Mr. Moore requested that his property be rezoned back to the original zoning. It was agreed by Council that the matter should be referred to the Planning and Zoning Board. Council ascertained that Mr. Moore would be represented at the appropriate meeting by his attorney. 5.b. Mr. Mar~ott explained to the public that the construction in the Council Chambers has not yet been completed, including the sound system. 6.a. The City Manager stated an easement deed for a 5 foot strip of land along N.E. 1st Street in front of Neal's Market re- quired acceptance by Council. Sometime ago a request had been made for a sidewalk in this vicinity, but had not been acted upon because of lack of right-of-way. Mr. Weekes moved that the City accept the easement deed from Mr. and Mrs. Jack Rogers of the south 5 feet of the east 55 feet of Lots 7 and 8, Block 75. Mr. Saunders seconded the motion which passed unanimously. 6.b. The City Manager informed Council the following bids have been received to purchase a tractor with a front end loading bucket and rear box type scraper with a 1960 model tractor to be traded in. Bidder Bid Trail Ford Tractor Co. Cost $ 6,976.31 Lake Worth Less Trade . 1~395.31 (Ford Tractor) Net $ 5,581.00 Engineering Machine Co. Cost $ 8,035.00 Delray Beach Less Trade 500.00 (International Tractor) Net $ 7,535.00 Emery Tractor & Eqpt. Co. Cost $10,619.00 West Palm Beach Less Trade 1,800.00 (Massey-Ferguson Tractor) Less Sp Disc . 1,283..00 Net $ 7,536.00 The City Manager recommended that the award be made to the low bidder, Trail Ford Tractor Co., in the amount of $5,581.00, for which sufficient funds have been appropriated. Mr. Saunders ques- tioned whether or not the Ford tractor, being lighter equipment, would be sufficient for the work required. Mr. Mariott replied the Ford tractor does meet City specifications and is thought to be heavy enough to handle the work. Mr. Youngblood moved that the award be given to Trail Ford Tractor Co. in the amount of $5,581.00, seconded by Mrs. Krivos and passed unanimously. 6.c. The City Manager presented bids received for the purchase of 15 vehicles for use by the Parks and Recreation Department, the Public Works Department and the Utilities Department. There are trade-ins in all except one case which is Item 8. Adams Rich Chevrolet Motors Net After Trade 1. Five ½ Ton Pick-up trucks $ 15,750.00 $ 16,861.50 with utility bodies 2. Two 3/4 Ton Pick-up trucks 5,800.00 6,263.86 3. One 3/4 Ton Pick-up truck 4,000.00 4,240.14 with utility body and hy- draulic electric tail gate 4. Three 3/4 Ton Pick-up trucks, 6,690.00 7,677.65 low gear ratio type 5. One 3/4 Ton Pick-up truck, 2,950.00 3,348.56 with electric hydraulic low- boy lift for dumping 6. One 2 Ton Flat bed truck 4,300.00 5,084.60 7. One truck, van type, 6 Cyl. 2,975.00 No Bid 8. One truck, van type, 8 Cyl. 4,550.00 No Bid -2- 3-26-73 The City Manager pointed out that on Item 8 "No Bid" was initially submitted by Adams Chevrolet as well as Rich Motors. After the opening of the bids, Adams Chevrolet did submit a bid of $4,550.00 which is considered to be a reasonable amOunt. Although this vehiclesdoes not quite meet the City's written specifications, it is judged to be satisfactory for the job. Sufficient funds are available for these vehicles with the exception of Item 4; this item has a shortage of $1,400.00. The City Manager recommended that Council authorize a transfer of $1,400.00 from the General Fund Con- tingency Account. Mr. Saunders moved that the 15 vehicles be awarded to the low bidder, Adams Chevrolet, and that the $1,400.00 be transferred from the General Fund Contingency Account. Mr. Youngblood seconded the motion which passed unanimously. 6.d. The City Manager stated that the agreement for installation of sanitary sewerage facilities on Lindall Boulevard and Brant Drive was first considered in 1971. The agreement was between the City, First Federal Savings and Loan Association of Miami and Dr. Frank Cusumano; however, Dr. Cusumano did not fulfill the agreement at that time. At a later date, several other parties were introduced into a similar agreement which was not consummated. City Manager Mariott said this was essentially the original agreement being con- sidered at present and Dr. Cusumano has deposited $25,000 with the City for his share of the construction cost. Mayor Scheifley ques- tioned the length of time the site plan approval for Dr. Cusumano would be valid. ~he City Manager replied that the' ~usumano Village site plan is no longer valid. Dr. Cusumano must submit a new site plan under existing rules and regulations, and he has his architect preparing a new site plan at present. Mr. Weekes moved that Council authorize the execution of the agreement, seconded by Mr. Saunders and passed unanimously. (Copy of said agreement is attached to the original copy of these minutes.) 6.e. The City Manager requested that the awarding of a contract for beach restoration project n~ be considered at this meeting. Clearance base. been obtained~from the Corps of Engineers, but has not been obtained from the State. Council agreed to call a special meeting, if necessary, to award the contract as soon as the State clearance is received. 6.f. The City Manager stated the contract between Southern Sani- tation~Service, Inc. and the City for their operation of the Refuse Transfer Plant in Delray and their hauling of Delray's refuse outside of the City is being recommended by Council for a five year extension from October 31, 1973. In addition to the present contract, several items have been added which will benefit the City. The City Manager stated the new agreement carried the consumer price index adjustment and the cost of living factor will be applied to the contract each year. One paragraph is to be inserted into the contract at the request of the City to which Southern Sanitation agrees which basically states that if any development consisting of 100 dwelling units or more use the services of Southern Sanitation, 7~ of the fees collected by the lessee would be paid to the City by the lessee. Upon questioning, a representative from Southern Sanitation agreed that they would attempt to comply with suggestions from the Beauti- fication Committee to attempt to beautify the site as much as possible. Mr. Weekes moved the adoption of the agreement between the City of Delray Beach and Southern Sanitation Service, Inc. with the amend- ment as proposed by the City Attorney and the City Manager. Mr. Saunders seconded the motion which passed unanimously. -3- (Copy of the Lease and Agreement are attached to the official copy of these minutes.) 6.g. The City Manager recommended that Council approve the entering into of a Cooperation Agreement between the City and the Delray Beach Housing Authority as discussed at the March 19th work- shop meeting. Mr. Saunders so moved, Mr. Youngblood seconded and the motion passed unanimously. (Copy of the Cooperation Agreement is attached to the official copy of these minutes.) 7.a. Mayor Scheifley acknowledged receipt of the minutes of the Beautification Committee for its February 7, 1973, and March 8, 1973 meetings. One item requested by the Committee was that the trash trucks be covered by tarpaulins to prevent trash from blowing off. This matter has been handled. 7.b. The City Manager stated that the City Solicitations Committee has recommended approval of the application of the Delray Beach National Little League for permission to solicit funds on April 27th and April 28th. Ail requirements have been met and approval is recommended. Mr. Saunders moved that permission to solicit be granted, seconded by Mr. Youngblood and passed unani- mous ly. 8.a. The City Manager presented Resolution No. 14-73. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING AN AGREEMENT TO BE ENTERED INTO BY USERS OF INTERIM TREATMENT PLANTS FOR SEWAGE PURSUANT TO GUIDE LINES ESTAB- LISHED BY THE FLORIDA DEPARTMENT OF POLLUTION CONTROL AND THE AREA PLANNING BOARD OF PALM BEACH COUNTY. (Copy of Resolution No. 14-73 and~ac~ompanying ag~eemem~~ ar~e a~tached~to~the official copy of these minutes.) City Manager Mariott informed Council that on January 15, 1973, the State Pollution Control Board gave the City permission to install package sewage treatment plants provided the plants provide 90% treatment. The Area Planning Board granted permission for this installation setting a minimum of 50,000 gallons per day on each site. The Area Planning Board also approved the guidelines drawn up by the city which include the inspections planned by the City of these sites. The rates are based on the design-size of the plants. A bond will be posted by each developer based on the cost of the Package plants,-said b~nd guaranteeing i~a~lat,io~n~e~al~of the plant after the city sewerage treatment plant is in operation. Considerable discussion ensued concerning various aspects of the guidelines, rates, etc. Mr. Ben Buten, representing Oliver Construc- tion Company, spoke from the floor questioning whether the operating charge refers to the size of the plant; assuming the size of the plant and the number of units contained in the size of the plant meet the criteria established by the necessary bodies, then he would have no objection to the City acting on the motion. The City Manager confirmed Mr. Buten's interpretation of the agreement. It was ascertained the treated effluent would empty into the City's sewage system and empty through the outfall system. Mr. Saunders moved for the passage of Resolution No. 14-73, seconded by Mr. Youngblood and passed unanimously. -4- 3-26-73 8.b. The City Manager presented Resolution No. 15-73. RESOLUTION REQUESTING PALM BEACH COUNTY LEGISLATIVE DELEGATION TO AMEND THE FLORIDA STATE COMPREHENSIVE PLANNING ACT OF 1972 AND TO RE-ESTABLISH PLANNING DISTRICT DES IGNATIONS. (Copy of Resolution No. 15-73 is attached to the official copy of these minutes.) The City Manager stated several agencies, including the Palm Beach County Commission, have adopted a resolution in opposi- tion to the plan placing Palm Beach County in Planning District 10 with Martin, St. Lucie, Broward, Dade and Monroe Counties. The resolution requests that Palm Beach County be grouped with Okeecho- bee, Martin and St. Lucie Counties. Mr. Youngblood moved for the adoption of Resolution No. 15-73, seconded by Mrs. Krivos and passed unanimously. 8.c. The City Manager presented Ordinance No. 7-73. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING CERTAIN PUBLIC RIGHTS-OF-WAY KNOWN AS LAKE AVENUE AND DIXIE HIGHWAY BEING IN SECTION 9, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH ARE LOCATED IN THE DELRAY BEACH RESERVE AREA. City Manager Mariott stated that this ordinance would annex to the City the right-of-way on Dixie Highway from N.E. 8th Street northward to Lake Drive. The main purpose of the request for annexation is to provide better law enforcement in the vicinity of the International House of Pancakes because of the traffic control problems which might occur. No private property is involved. Ordinance No. 7-73 was unanimously placed on first reading on mo~ion by Mrs. Krivos and seconded by~Mr~ Youngblood. 8.d. The City Manager presented Ordinance No. 8-73. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRA¥ BEACH CERTAIN LANDS, NAMELY LOTS 1, 2, 3, 10, 11, 12, A, B, C, D, E AND F, BLOCK 6, SOPHIA FREY SUBDIVISION, AND LOT 5, FIRST ADDITION TO KENMONT; ALSO A PORTION OF PALM TRAIL LYING NORTH OF N. E. 8TH STREET, WHICH LANDS ARE CON- TIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LANDS; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LANDS; AND PROVIDING FOR THE ZONING THEREOF. The City Manager stated this property was located adjacent to and on the north side of N.E. 8th Street and is bounded on the west by Palm Trail and on the east by the Intracoastal Waterway. Mr. Alphons Bach is the applicant and owner. The Planning and Zoning Board has recommended this property be annexed to the City subject to RM-15 zoning as requested by the applicant. Ordinance No. 8-73 was unanimously placed on first reading on motion by Mr. Saunders and seconded by Mr. Youngblood. -5- 3-26-73 9.a. City Manager Mariott reported that the Planning and Zoning Board, in consultation with the Beautification Committee, recommended that Council approve the first phase of construction of the bicycle paths in Delray Beach to be located on State Highway A1A. Mayor Scheifley explained the nature of the bicycle paths to be constructed. Mr. Jack Gomery of the Beautification Committee spoke from the floor stating the location of the paths would probably begin from the north and tie into the sidewalk beginning at Casuarina Road. Mayor Scheifley stated it was hoped the paths would be completed within six months or as soon as additional funds are received from the Federal Revenue Sharing Fund. After further discussion, Mr. Youngblood moved the acceptance of the recommendation of the Planning and Zoning Board, seconded by Mrs. Krivos and passed unanimously. 10.a. The following Bills for Approval were unanimously approved for payment on motion by Mr. Weekes and seconded by Mr. Saunders. General Fund .............. $ 208,994.58 Water and Sewer Fund .......... 4,187,744.63 Lowson Blvd. W&S Project Fund ..... 80,847.56 Improvement Trust Fund ......... 74,871.89 Cigarette Tax Fund ........... 13,000.00 Refundable Deposits Fund ........ 100,000.00 Citizens Contribution Fund ....... 13.50 Beach Restoration Fund ......... 21,082.60 10.bl. The City Manager presented Ordinance No. 5-73. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SUBSECTION 29-5, CHAPTER 29 "ZONING" OF THE CITY'S CODE OF ORDINANCES PERTAINING TO BUILDING HEIGHTS AND SETBACKS IN THE RM-10 ZONING DISTRICT. (Copy of Ordinance No. 5-73 is attached to the official copy of these minutes.) The City Manager stated at the last Council meeting Ordin- ance No. 5-73 was passed on first reading. The Ordinance primarily concerns regulating height of buildings. This Ordinance was dis- cussed at a workshop meeting at which time a question was raised having to do with the number of residential floors allowed which is now designated as five. The item was referred to the Planning and Zoning Board for a specific definition; the outcome is still pending with the Board. The City Manager stated that a public hearing had been advertised for the present Council meeting and recommended that the hearing be?~held and passage deferred to a subsequent meeting. A public hearing was held, having been legally advertised in compliance with the Charter of the City of Delray Beach. There were no objections. It was agreed upon by Council to table the Ordinance until a subsequent meeting. 10.b2. Mr. Saunders informed Council that a serious traffic situation exists at Pantry Pride on North Federal Highway and 14th Street. Although khat.is not in the City, Mr. Saunders said he has received suggestions that traffic be routed from the north side of Pantry Pride shopping center and exit on the south side of the shop- ping center portion. The City Manager stated this would necessitate speaking with the County Traffic officials. -6- 3-26-73 10.b3. Mayor Scheifley reminded Council that a hearing was scheduled for Wednesday, }larch 28, 1973, at 1:00 P.M. in the City Council Ch0.mbers by the A~e~t Planning Board in connection with the sewage treatment plant. lO.b4. Mayor Scheifley requested someone from the Council to volunteer to attend the Kiwanis meeting to discuss annexation. The meeting was adjourned at 8:50 P.M. City Clerk APPROVED: 3-26-73 69a AGREEMENT The parties to this Agreement are FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF A4IAMI, ("First Federal"), FRANK CUSUMANO, ("Developer"), and THE CITY OF DELRAY BEACH, ("City"). WHEREAS, each of said parties desires that certain sewer lines be installed on Lindell Boulevard and on Brant Drive in the City of Delray Beach; and, WHEREAS, each of said parties is willing to make certain contributions toward the construction of said lines; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto do hereby agree as follows: 1. That the parties shall make the contributions described herein to construct a sanitary sewer collection ~ystem within the Tropic Palms Subdivision of the City of Delray Beach at the following locations: (a) From the existing manhole at intersection of Brant Drive and Lindell Boulevard to the West right of way line of the FEC railroad. (b) From the existing manhole at the intersection of Brant Drive and Blue Jay Road to the proposed manhole at the intersection of Brant Drive and Avocet Road. 2. The contributions of the parties shall be as follows: (a) First Federal $10,000.00 (b) Developer $25,000.00 (c) City $62~ 385.57 TOTAL ...... $97,385.57 The contribution of the City in the amount of $62,385.57 represents the proceeds of an interest free loan from First Federal to lhe City, which amount is currently retained by First Fed eral in a consiruction loan fund. 3. The contributions by First Federal and Developer shall be in cash and shall be made to the same construction loan fund which holds the proceeds 69b of the loan to City. This construction fund shall then be used to finance the construction of the aforementioned s ewer collection system. 4. Disbursements from the construction loan fund shall be made only upon the certification on behalf of the City by the City Engineer and the City Finance Director and on behalf of First Federal by an authorized officer. Said construction fund will be administered by First Federal in the same manner as they administer other construction loan funds. 5. The City will perform or have performed the required engineering work essential to this project and will award the construction contract. 6. In the event cost analysis of said project by the City indicates that the total project cost will exceed the total sum of $97, 385.57, then this agreement shall be voidable by any one of the respective parties. However, said parties will make every effort to renegotiate this transaction in said event. 7. The parties do not intend for the costs of this project to exceed the aforementioned total sum and the City shall not award any contract which would result in expenses or costs for the project in excess of the afore- mentioned total sum. 8. In the event the total construction costs of said project are less than $97,385.57 and there is a balance remaining in the construction fund after all disbursements are made, said balance shall be distributed pro-rata among the parties, based on the amount contributed. 9. Costs of engineering work are to be paid for from the construction fund. In the event engineering work is performed and this agreement is terminated before completion of the project, then the costs of said engineering shall be paid from the construction fund with each party bearing the expense of said cost according to his pro-rata interest in the fun~. IN WITNESS WHEREOF, we hereby set out hands and seals this the 69c DAY OF 0~i:?X.~ "~ , 1973. FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF AiIAMI / FRANK CUSUMANO, Developer CITY OF DELRAY BEACH ATT ~T: City Clerk // APPROVED AS TO FORM: City Attorney -3- II II I Ill I' i ,,~ I , ,i,I i '~r, , II I'1 '1111 I I1 II III II 69d I~EASE THIS LEASE entered into this ~.~ day of March 1973, in conformance. with the Contract entered into this same date, between the CITY OF DELRAY BEACtt, a municipal corporation of Palm Beach. County, Florida, hereinafter referred to as Lessor, and SO~HERN SA~TATION SERVICE, a division of Waste R,~anagement, Inc. of Florida, a Florida corporation whose address is 201 N. W. 12th Avenue, Pompano Beach, Florida, hereinafter called Lessee, WITNESSETH: WHERE., Lessor has entered into a contract with Lessee for the disposal of the garbage and trash of the City of Delray Beach, Florida, and WHEREAS, the parties hereto entered into a Contract dated March ~ 8 , 1973, NO,V, THEREFORE, the Lessor does bythese presents lease and let unto the Lessee for the purposes of fulfilling its contract entered into this date with the parties, the following described property: Lots 20 thru 27, Block 3; Lots 14 thru 18, Block 8, Lots 9 thru 16, Block 9; that part of Meyers Street lying adjacent to Lo~s 9 thru 12, Block 9; that part of SW Fourteenth Street lying adjacent to Lots 13 ihru 16, Block 9; and that part of Swinton Avenue lying adjacent to Lots 20 t~u 27, Block 3; all being in subdivision of West E1 Be, DelrayBeach, Florida, as recorded in Plat Book 15, page 22, Public Records of P~m Beach County, Florida. TO HAVE AND TO HOLD the property aforesaid for the period as established in the aforementioned contract, yielding and paying to Lessor a monthly rental equal to 7 1/2 per cent of the fees collected by Lessee for all dumping received from within the corporate limits of the City of Boca Ralon, with Lessee guaranteeing that a minimum of $12,000.00 per year will be received by Lessor. In the event garbage and trash is received from developments or areas consisting of 100 dwelling u~ts or more, then 7 1/2 per cent of the fees collected by Lessee from such development or area shall be paid to the City by Lessee. This Lease incorporates by reference the terms of the contract entered into between the parties on this date as to the duties and responsibilities of the Lessor and Lessee and shall notbe assignable in any manner. 69e The Lessor reserves the right to pass through the leased property in goi~g to the Lessor's property which surrounds the lease property. Lessee shall have 60 days after the termination of this lease and contract in which to remove its equipment. IN WITNESS WHEREOF, Lessor and Lessee have caused these presents to be executed the day and year first above written. CITY OF DELRAY BEACH / ] / dixision of Waste Management, Inc. of / // Florid a . >' ~ecretary Executive Vice President STATE OF FLORIDA ) COUNTY OF PALM BEACH ) I ttEREBY CERTIFY that on this day, before me, an officer duly authorized in the Sta~e and County aforesaid to take acknowledgments, personally appeared James H. ScheifleyandHaltie E. Ya%es well known to me to be %he Mayor and City Clerk respectively of the CITY OF DEL~AY BEACH named as Lessor in the foregoing lease, and %hat they severally acknowledged executing the same freely and voluntarily under authority duly vested in them. WITNESS my hand and official seal in the County and State last aforesaid this &g?~T3''' day of March, 1973. Notary P~ie, State of E~orida My commission expires: ~''~'~ C,:-.,:::~:.: STATE OF FLORIDA ) COUNTY OF BBOWAgD ) I HEREBY CERTIFY tha~ on this day, before me, an officer duly authorized in the State and Coun~;y aforesaid to take aeknowiedgments, persona~y appeared Earl E. Eberlin & ~ I4. tlu~s~tell known to me to be Executive Vice President & Secretary , respectively of the corporation named as L, esse~ in the foregoing lease, and that they severally acknowledged executing the same freely and voluntarily under authority duly vested in them by said corporation and that ~he seal affixed thereto is the true corporate seal of said corporation. WITNESS my hand and official seal in the County and State last aforesaid this 28th ~day of March, 1973. No~x/~ublie, State~~ot'id~ at Large. My commission expires.: ~ ¢,..?~,;~h,, 69f CONTRACT TH5[S CONq~RACT, made and entered into at Delr'ay Beach, Florida, this '7- 8- day of l¥Iarch, 1973, by and between the CITY OF DELRAY II~-. BEAC}{, Florida, a Florida municipal corporation, hereinafter called kXlIy- : and SOUTt-IERN SAN/TATION SERVICE, a division of Waste Management, Inc. of Florida, a Florida corporaiion, whose address is 201 N. W. 12th Avenue~ Pompano Beach, Florida, hereinafter called "Company"-, WITNESSETH: WttEREAS, the City is desirous of making arrangements for the disposal of garbage and trash collected within the city limits of Delray Beach and the Company is willing to receive such garbage and trash and to dispose of same outside the city limits; NOW, THEREFORE, in consideration of the mutual covenants and agreements herein recited, by eachiobe performed, ii is hereby agreed by and between the parties as follows: (Leas e) 1. City will simultaneously with the execution of this contract enier into a lease on the following described property owned by the City: Lois 20 thru 27 Block 3; Lots 14 thru 18 Block 8; Lots 9 thru 16 Block 9; thai part of l%4eyers Street 1)ring adjacent to Lots 9 thru 12 Block 9; that part of SW Fourteenth Street lying adjacent to Lots 13 thru 15 Block 9; and that part of Swinton Avenue lying adjaceni to Lots 20 thru 27 Block 3; all being in subdivision of West E1 Be, Delray-Beach, Florida as recorded in Plat Book 15 Page 22, Public ReCords of Palm Beach County, Florida. 2. The land lease shall be for the duration of this contract and any ' options for extension as herein provided at an annual rental fee as provided in the lease. 3. That the Company will receive and dispose of the refuse, garbage and irash collected by the City at the Delray Transfer Station located on the property described herein and dispose of all solid wastes thus eolleeted 69g outside of the City lin~its. The Company will fumzish all manpower, equipment and supplies, and perform all necessary labor, services and functions to operate a solid waste transfer station at the aforesaid location for the receipt of such garbage and trash. (Operation) 4. The plant will be manned and operated by the Company to receive garbage and trash from the City during the hours of 7:00 o'clock A.M. to 5:00 o~cloek P.M. daily except Sunday and such days as the City's garbage and trash erews are not operating. 5. Company shall make facilities available to City at hours other than above as requested and mutually agreed upon. 6. The Compsany will not maintain any nuisance upon said premises nor any condition which may b e a menace to occupants of the adjoining property, nor will the Company suLe. or permit such acts or practices to be performed or maintained. The Company shall keep the premises under its control clean and free from blowing paper and rubbish, at all times, and should the Company not comply with this provision, the City shall have the right after giving 24 hours notice to enter upon said premises and have such paper, rubbish, dirt and/or other refuse hauled away and the Company agrees to pay all charges that the City shall pay or have paid to the City by the Company within thirty (20) days after the bill is presented to it. 7. City will deliver all garbage and trash collected to Company and dump same into the hopper of the compaction unit. Company will leave no _ garbage or trash in the hopper or compressor overnight. 8. Company will accept all contents of the garbage and trash trucks of the City, except junk aulomobiles and construction trash. 9. In case of vehicles other than the City's waiting to unload in the hopper, Company agrees thai ail City vehicles will move to the head of the line and will not be delayed by having to wait their turn in line. 10. Company acknowledges that %his contract is for the benefit of the City. Company sball have the right lo accept solid waste materials from -2-- 69h individuals, lawn and trash haulers and commercial haulers; but not from other towns or cities, except for the City of Boca Raton. Such acceptance shall be in a manner that will .not interfere with or delay the City's vehicles. Company shall have the right to refuse solid waste materials from private and commercial haulers for non-payment, for behavior detrimental to the operation of plant or similar grounds. 11. In accepting all garbage and trash from City, Company acknowledges that the transfer plant and their hauling equipment to the County Landfill at Lantana, has the capacity to handle all the garbage and trash delivered to it by City. All transfer equipment shall be sufficiently covered to eliminate loose trash escaping from the said equipment. 12. Company acknowledges that the disposal of garbage and trash is their duty and that in the event the use of the County Landfill is terminated, that Company has other locations to dispose of the garbage and trash. 13. The Company shall procure all necessary permits or licenses to operate said plant and at all times make all repairs or alterations to subject premises necessary therefor; the Company agrees that the subject premises, or any part thereof, shall not be used and/or occupied and that it will not use or suffer or permit the subject premises, or any part thereof, to be used and/or occupied for any vicious or immoral purpose nor for any purpose in violation of the laws of the State of Florida, or of the United States, or all valid, non-discriminatory and applicable general ordinances, regulations and laws of the City and other regulatory bodies having jurisdiction over the Company's operations hereunder and which may from time to time be in effect and applicable to Company's operation. 14. The Company shall pay all charges for utility services incurred in connection with its transfer station operation on subject premises and all taxes and assessments levied on same. 15. The charges for the Company's services in receiving and disposing of the solid waste materials delivered and dumped into the hopper at the transfer station by the City vehicles and by individuals or lawn trash 69i haulers of materials generated within the City limits, shall be based upon the rates established as the base rates in the April 13, 1970 contract. Those rates are $1.22 per compacted cubic yard and $0.50 per uneompacted yard. These base rates shall be adjusted upward or downward effective November 1 of each contract year as set forth in paragraph 16. 18. The fees payable to the Company shall be adjusted upward or downward to reflect changes in the cost of doing business, as measured by fluctuations in the Consumer Price Index (CPI) published by the U. S. Department of L~bor, Bureau of Labor Statistics for the U. S. City average. The rates for service during the initial contract year of November 1, 1973 through October 31, 1974 shall be determined by adjusting the base rates ($1.22 - $.25 = $.97) established in paragraph 15, upward or downward by the fluctuation in the CPI from April 1971 to October 1973. At the start of the second year of this contract and every year thereafter, the fees shall be increased or decreased by a percentage amount equal to the net percentage change in the CPI computed as follows: Beginning with the first month of the second contract year, the net change shall be the difference beiTveen the said CPI for the last full month preceding the Contract and the last month of the first contract year. Subsequent years of the Contract shall be adjusted annually based upon the net change for the preceding twelve (12) month contract period. Adjustments shall not include mills. 17..The Company may petition the City for rate adjustments at reasonable times on the basis of unusual changes in his cost of doing business, such as revised laws, ordinances, or regulations; changes in location of disposal sites. It is recognized that the Company will dispose of the garbage and trash at the Lantana Landfill, Palm Beach County, FloriFa. In the event the County charges are increased during the term of this contract, including renewal by exercise of options, such increase shall be added proportionately 69j to the billing rates per cubic yard. The present charge for disposal by the County is $. 25 per yard. 18. Company will charge individuals, lawn and trash haulers and commercial haulers the same rate aS paid by City for waste originating within the City and may charge $2.50 per bulk item such as refrigerator or stove. 19. Company will issue to each driver of City a numbered receipt signed by Company's agent and City's driver showing the amount of cubic yards being dumped from each vehicle. 20. Company will bill City monthly on or before the 10th day of each month. The amount billed will be reconciled weekly with the Director of Public Works. City will pay Company by the 25th day of each month for the monthly billing. 21. The term of this Contract shall be for a five (5) year period beginning November 1, 1973 and terminating October 31, 1978. The parties hereto may extend this Contract for three (3) year terms by mutual consent in writing at least 120 days prior to the expiration of the then current term. 22. In the event Palm Beach County or any regionally empowered authority, provides and requires the use of other regionally controlled disposal facilities, the City shall be empowered to terminate this contract without penalty during the initial contract term of five years or any extension thereof. City shall give written notice not less than 120 days prior to termination. 23. (a) In the event the City desires to relocate transfer station after three years or more, due to the implementation of other municipal use of the leased property, the Company shall build a similar or equal transfer station on property provided by the City and shall automatically extend the contracl and option terms, five years from the starl up of operations at the new location. The accessibility of the new location by the City of Boca Raton vehicles shall be a consideration and part of the contract extension. (b) In the event of such relocation, the City will, at its own exp ens e: -5- 69k (1) Provide half of the fill material needed. (2) Provide electrical service to property line if not available. (3) Provide water to property line if not available. (4) Provide sewer lines to property line if a septic tank or other legal means of sewage disposal cannot be used. (c) In the event of such relocation~ the Company shall pay the cost of installation and connection inside the limits of subject premises of all sewer, water, gas and electrical connections and shall pay all charges for such services incurred in connection with its operation on subject premises and all taxes and assessments levied on same. 24. The City and Company mutually agree, a new route of ingress and · egress to the existing transfer station is necessary. The Company agrees to ~ pay 50% of the cost of constructing such roadway up to a maximum ~ participation of $$500.00. i~ 25. (a) The Company will defend, indemnify, save harmless and "exempt the City,. its officers, agents, servants and employees from and 'against any and all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, and attorneys' fees resulting from injury to persons or damage to property arising out of work done in the performance of this contract while using the property leas ed from the City. (b) The Company shall provide and maintain during the life of the contract, public liability and property damage insurance and umbrella coverage in the following amounts: Public liability, $100,000 per person, $300,000 per accident Property damage, $100,000 per any one claim Umbrella liability, $2,500,000 to protect itself, its agents, and its employees from claims for damages for personal injury, including wrongful and accidental death and property damage which may arise from operations under the contract, whether such operations be performed by itself or its employees. The policy or policies shall name -6- 691 the City as additional insured and shall contain a clause that the insurer will not cancel or decrease the insurancc coverage without first giving thc City 30 days' notice in writing. 28. The City shall have the right to enter upon said premises at any reasonable lime for the purpose of inspecting the same. 27. One or more waivers of any covenant or agreement or condition or default regarding provisions of the contract by either the City or the Company shall not be construed as a waiver of a further breach of the same covenant or agreement or condition. 28. This contract shall be non-assignable. 29. In the event of any disagreement arising under this contract, the same shall be submitted for determination by arbitration, one arbitrator to be appointed by the Company, one to be appointed by the City and the two arbitrators so appointed to appoint a third arbitrator acceptable to both of them and who will act as chairman of the arbitration. Upon the failure to appoint the third arbitrator as provided herein within ten days, the selection of said arbitrator will be referred to a court of competent jurisdiction where the s election by the Court will b e binding upon all parties. The issue will be submitted to the arbitrators, and the decision of a majority of the arbitrators so appointed shall be final and will be binding on both parties. Notwithstanding this determination, each party shall have the right to appeal the decision of said arbitrators to a court of competent jurisdiction. Each party will bear the cost of his own arbitrator and divide the balance of the cost of arbitration. Arbitrators shall give prompt notice in writing of the decision of each party. The arbitration proceedings shall be in accordance with the procedures specified by the American Arbitration Association. The cost of arbitration shall be borne equally by the parties unless otherwise provided by the arbitral award. Such arbitration shall take place in the City of Delray k;each, Florida, unless otherwise agreed by the parties. 30. This contract constitutes the entire Contract and understanding -7- 69m between the parties hereto, and it shall 1.~ot be considered modified, altered, changed, or amended in arty respect unless in writing and signed by the parties hereto. 31. The parties have read and understand the whole of the above contract, and now state that no representation, promise or agreement not expressed in this contract has been made to induce either party to enter into it. IN WITNESS WHEREOF~ the Company and the City have hereunto caused to be affixed the sfgnatures and seals of their respective officers on the day and year first above written. CITY OF DELRAY BEACH, (SEAL) a Municipal corporation ATTEST: .,. . City Clerk Approved as to form: 'y" Z' :/ . ': .... . ,<.,~ / SOUTHERN SANITATION SERVIC E, / ./ a division of Waste Management, linc (~EAL) ,,: ?/ ~ of Florida H~rrls W. Hudson, Secretary Executive Vice President STATE OF FLORIDA ) COUntY OF P~A~I BA:~(.,H ) BEFORt{ ~'IE~ the undersigned aulhoriiy, persona~y appeared James H c ~ · .~: ~ of the City of Delray ~each., F].orida, and acknowledged thai they are the appropriate City Officials qualified ~o execute the foregoing Contract and that they have execuled said Contract for the purposes therein expressed. SWORN TO AND S~3SCR~ED before m e this ~-:~ J' ~- day of Notary Pt~lic, State of Florida?at Large -8- I I II ri III! II - II I I 69n STATE OF FLOItlDA ) COUNTY OF BROWARD ) BEFORE ME, The undersigned authority, personally appeared Earl E. Eberlin and Harris 1~. Hudson ...... of Southern Sanitation Service, a division of Waste Management, Inc. of Florida and acknowledged that they m'e the appropriate corporate officials qualified to execute the foregoin~ Conlract and that they have executed said Contract for the purposes therein expressed. SWORNTOA~ S~SCR~EDbefore methis 28th day of Mar~h , 1973. ~~P~lic, State of F~ ~ Large My commission expires: -9- by and between ~E!2RA'f ~7~CII ][0UCI~3~ ADTH07RI?Y (here~n called the "Local Authority") and City of Delrav Beach (here~ called the "Municipality"), witnesseth: In consideration of the mutual c~enants hereinafter set forth, the parties hereto do agree as follews: 1 l?hcnever used in this Agreement: (a) The term "Project" shall mean any low-rent h~sing hereafter developed as an entity by the Local Authority with financial assistance of the Up. ired States of A~nerica acting throush the Secreta~ of Housing and Urban D~velcp:n.~nt (hereSn called the "Governzent"); excluding, however, tony l~e-rent h~asJ.n~ project coy?red by ~ny contract for- loans and annual contributions entered in~o between the Local Authority and thc Government, or its predecessor agencies, prior to the date of this Agre~;~nt. (b) The tern "Taxing Body" shall mean the State or any political sub- division or taxing unit thereof in which a Project is si~ated and which w~ld have authority to assess or le~ real or personal pr~erty taxes or to certify such taxes to a t~ing body or public officer to be levied for its use 8nd benefit with re[~pect to a Project if it were not exert from taxation. (c)' The te~ "Shelter Rent" shall mean the total of all charges to al! tenants of a Project for dwelling renns and nondwelling rents (excludJmg all other ~cor:e of such Project), less the cost to the Local Authori~j of all dweii~.g and ncndwelling utilities. (d) The tern "Slum" shall mean any area where dwellings pred~inate which, by reason of dilapidation, overcrowding;, faulty arrangement or design, lack of ventilation, light or sanitation facilities, or any c~bination of these factors, ara detrJznental to safety, health or morals. R. The Local Authoritj shall endeavor (a) to secure a contract or contracts with the G~,ermzent for lop. ns and a2nual contributions covering one or more Projects c~pri~ing approx~%2tely units of low-rent h~sin~ and (b) to devel~ and a~Znistcr such ~oJc'ct or l~2roJacts, each of which shall be located within the cozq2orate l~=its of the ~<unicipaiity. ~e obligations of the parties hereto ~hall apply to each such ProJccg. 3. (a) Under the cmstituticn and statutes of the S~a4e of P!orid~. __, all Projects are exes. pt from ~.11 real and personal pr~per~ tawes and special assessments levied or J~posed by any Taxing Body. With respect to Project, so long as either (i) such Project is o'~ed by a public body or g, ..r~ental agency and is used for !ow-rent housing purposes; or (ii) any cmtract 'sen the Local Authority and the Goven~ment for loans or annual cc2tributiono, or b, ~, ~ connection with such Project r~ins in force and effect, or (iii) any bonds issued in comnecti~a with guch. Project or any mm]ies due to the Gove~mcn~ h~ c~naction with such Project rt~ain unpaid, whichever period is the longest the ~micipality agrees that it will not lc'~ or L~ose any real or personal pr~erty taxes or special assessments up~ such ~oJect or upon the Local Authority with respect thereto. I>ar~ng such period, the Local Authority shall make ~nual payments ,'herein called "Payments in Lieu of Taxes") in lieu of suc,~ taxes and special assess~nents and in paymnt for the public services and facilitie~ fu~ished frown time to t~e with~at other cost or charge for or with respect ~o such Pro j- :t. '69p .~ hc in an arno.nC cq~al to either (t) lea pol-.cent (1()'7.) of the Shelter Reno actually coll~cted but in no eveu~ lo exceed ten percent (107o) of the ghelter t~ene charged by t:he l,oc.'~l Authority in respect to such Project during such fiscal year or (ii) the amount permitted to be paid by applicable state law in t, ffect on the date such pa~ent t~ made, whichever amount is the lower. (c) The t.~unictpality shall dt~;tribut~r the Payments in Lieu of Taxes among the Taxing Bodies in thc propor~ i,,n which the real property taxes v:hich would '' a.=ve been paid to eaci, Taxing Body for such year if the Project were not exep~pt from t;~x;~tion bears to the total real proper, ty taxes which would have h,.~.n paid to all of the Taxing bodies for such yecr t[ the Projeci w,,rc n~,t: exempt from taxation; Provided, however, That no payn;c.t Io,' ;~uv year shall be made Co any taxing t;ody in excess of the ;irnoont ,,I Ihe real property taxes ~hich ~.'ould have been paid t¢~ ~;uc:h 'faxinR Body for such year if the Project t~ere not exempt from t,~>:,l{ (d) Upon failure of the 1.ocal Authority to make any Pa~nent in Lieu of 'razes. uo lien against any Project or assets of the Local Authority shall, attach, nor shall any interest or penalties accrue or attach on accoun: thereof. a lhe ?iunictpa}ity a~ .es , · ','~ that .subsequent to t~e date of initiation defined in the United States Housing Act of 1937) of each Project and within five years after tho co=pletion thereof, or such further period as may be approved by the Covernr,~nt there has been or will be elimination, as cer~ifted by the t.,un,cfp~litT, by derv, olition, conctemnation, effective closing, or compulsory repair or trnprove~nent, of unsafe or insanitary dwelling units situated in the locality or metropolitan area tn <,blch such Project is located, substantially t, qual in number to the number of newly constructed dwelling units provided by such Project; Provl. ded, 'l'l~at, where more than one family is living in an unsafe or insanitary d~'elling unit, the elimination of such unit shall count as the eli.~ination of units equal to thc n.mh~.r of families accor~odated therein; and Provided, further, That this pnra~:rnp, ~ shall not apply in the case of (i) any Project de,eloped on the site of a Slum cleared subsequent t'o .luly 15, 1949, and thor the d'-'elling ur, its eliminated by the clearance of the site of such Project shall not be counted as elimination for any other Project or any other low-rent housing project, or (ii) any Project located in a rural nonfa~ or Indian area. 5. During the period eo~enclng with the date of the acquisition of any part of the s~t~ or site~ of any Project and continuing so long as either (t} such Project is ot~ned by a public body or governmental agency and is used f-r low-rent housing purposes, or (ii) any contract between the Local Authority and the Cover~=,ent for loans or annual contributions, or both, in connection with sucl~ Project rc~nains in. force .lnd effect, or (iii) any bonds issued in connection teith such Project or any monies due to the ¢:overnx~ent in connection with such Project remain unpaid, whichever period is the longest, the municipality without · :est or charge to the Local Authority ~,r the tenants of such Project (other than ~h,. l'a~ents in l.ieu of Taxes) shall: fsi Furnish or cause to be furni¢;hed to the Local Authority and the tenant~ of such Project public servic,,g and facilities of the same cha~:cter and to the same extent as are fut-nished from time to rime without cost or charge to other d~elltngs and inhabitants In the Music ipal ity; I i J cl~ar;U' ~,~ I1~' I.~,c.'~l A~ll~'ily >;(tcl~ i~l~'v~.~l .~s thc ,~hmJqil);~lity mmv luwe ill '.~ch v.'~cat~.d .~r~..'~s;; ;~nd~ in:;ot';~r ~,s it i~ I;~wfully ablt, to do so without O's)St Or cxpcllSc to iht' I,{)c:,'~[ Authority ~r to Lhe tiunici, pality~ cause to be removed trom such vacated at-cas;, insof;Ir as it may be necessary, all public or private utility lines and equipment; (c) Insofar as the Hunicipat~ty may lawfully do so~ (i) grant such deviations from the building code of the NtmicipaliCy as are reasonable and necessary to promote economy and efficiency in the development and administration of suci~ Project, and at the same time safeguard health and safety, and (ii) make such changes in any zoning of the site and surrounding territory of such Project as are reasonable and necessary for the development and pro~ection of such Project and surrounding territory; (d) Accept grants of easements necessary for the development of such Project; and (e) Cooperate with the Local ~uthority by such other lawful action or ways as the Nunicipalicy on~ the Local Authority may find necessary in connection with the development and administration of such Project. 6. In respect to any Project the Municipality further agrees that within a reasonable time after receipt of a written request therefor from the Local Authority: (a) It t~ill accept the dedication of al]. interior streets, roads, alleys, and adjacent sidewalks within the area of such Project, together with all store and sanitary sek, er mains in such dedicated areas, after the Local Authority, at its own expense, bas completed the grading, improvement, parings, and installation thereof in accordance with specifications acceptable to the Nunicipality; (b) It will accept necessary dedications of land, for and will grade, improve, pave, and provide sidewalks for, all streets bounding such Project or necessary to provide adequate access thereto (in consideration whereof the Local Authority shall pay to the Municipality such amount as would be assessed against the Project site for such work if such site were privately owned); and (c) It will provide, or cause to be provided, water mains, and store and sanitary sewer mains, leading ~o such Project and serving the bounding streets thereof (in consideration whereof the Local Authority shall pay to the Municipality such amount as would be assessed against the Project site for such work if such site were privately owned). 7. If by reason of the ]lunicipality's failure or refusal to furnish or cause to be furnished any public services or facilities which it has agreed hereunder to furnish r to cause to be furnished to Che Local Authority or to the tenants of any Project, he Local Authority incnrs any expense to obtain such services or facilities then thc ocal Authority may deduct the amount of such expense from any Payments in Lieu of :]xes or to become due to the Municipality in respect to any Project or any other ~ow-rent housing projects owned or operated by the Local Authority. 8. No Cooperation Agreement heretofore entered into between the Municipality and the l.ocal Authority shall be construed to apply to any Project covered by this Agreement. 9. No member of the governing body of the Municipality or any other public official of the Nunicipality who exercises any responsibilities or functions with respect to any Project during his tenure or for one year thereaftcr shall have any interest, direct or fndirect, in any Project or any property included or plannod to be included in any project, or any contracts in connection with such Projects or property. If auy such governin[~ body member or ~uch other public official of the Municipaligy involuu~arily acquires or had acquired prior to the bcl~innin:.~ of his tenure any such interest, he [;hall imediatcly disclose such intere[;t to the Local Authority. 69r Nov. 1969 10. [JO long, as any contract b,,tw,.en th~. Loc~]. Authority and ~ho Gov~rnm~'nt for loans (includln;~ ]Tre]~:~tn,n'y ]onng) or nmuml contributions, or both, In connection with any ProJ~'ct rmaalns ~n force a~]d ~,ff~'ct, or so long as ~ny bone]~ t~sued In connection wlth any Project or any monies dur~ to th~ ~vcrnment in conn,,ct!on with any Project rem'ale unpatd~ this shall not be ab~;atcd, chi:egg, d, or modified without the consent of shall rem~]'tn In fu!] 'force and ~-'foct with respect to each i>roJect as the beneficial titic to such Paoject Is held by the L~cal Authority by any other public bc~y or [~o',,ernmental egnncy~ including the author-f zed by law to e.,,.~,~. ~n the development or a~nJstration of rent hou[:~n~ .... ' .... ~]- uz~.. to, or ~o,,,.,cts. tf at any time the benefi~ ..... posset~sion of~ any Project is held by, such other pub].ic body or agency~ lnclud!n~ ~he Go~ernr.?nt, the provisions hereof ~hall ~nur~~ to the benefit of ~,,~ I/fy ])e enforced by, such other public body or governmentgl agency, includinG the Oovernnwmt. ;~e6'~?tiwely si~:ed this A~eem~n% and caused their ~eals to be affixed and attested as of the day and year first above ~itten, 59s RESOLUTION NO. 14--73. A RESOLUTION OF THE CI%~f COU~CIL OF TI~E CITY OF DELPJkY BEACH, FLORIDA, APPROVING AN AGREEMENT TO BE ENTEP~ED IL~i~O BY USERS OF INTERIM T?GEAT~,'~NT PLANTS FOR SEWAGE PURSUANT TO GUIDE LI~.~ES ESTAB- LISHED BY 57[E FLORIDA DEPART~ZENT OF POLLUTION CONTROL A~ND THE AREA PLANNING BOARD OF PALM BEACH CO~JTY. WHEREAS, the temporary operating permit issued to the City by the Florida Department of Pollution Control authorized interim treatment plants meeting certain standards and conditions of installation and operation; and WHEREAS, the Area Planning Board of Palm Beach County has adopted local guide lines for installation and operation of interim sewage plants in Delray Beach; and WHEREAS, for the City to facilitate implementation of Federal, State and County requirements, local guide lines have been established by the City of Delray Beach for the benefit of all parties desiring to obtain wastewater disposal service for new construction with the Delray Beach service area; and WHEREAS, the Area Planning Board of Palm Beach County has approved the attached agreement, THEREFOP~, be it resolved by the City Council of Delray Beach, Florida, that: 1. The attached agreement titled "Interim Sewage Plant Agreement for City of Delray Beach, Florida" shall be used by the City for all those qualifying for the use of interim treatment plants pursuant to established criteria. 2. The City a~ministration is authorized to act for the City in entering into said agreement with each qualifying applicant. 3. Copies of this resolution, including the attached agreement, shall be forwarded immediately to the Florida Board of Pollution Control and the Area Planning Board of Palm Beach County. 4. This resolution shall take effect immediately upon adoption. PASSED ~AND ADOPTED on this 26th day of March , 1973. ATTEST: City Cle{~ 69t ,!~ INTERIM SEWAGE TREATMENT PLANT AGREE~NT for CITY. OF DELRAY BEACH, FLORIDA THIS AGREEMENT made and entered into this day of 1973, by and between the CITY OF DELRAY BEACH, hereinafter referred to as "City" and hereinafter referred to as "Developer". WITNESSETH: ~rrLEREAS, as provided in the "Plan for Regional Water Supply, Treatment and Distribution; and Regional Sewage Collection, Treatment and Disposal" for Palm Beach County, Florida, promulgated by the Area Planning Board of Palm Beach County, March 11, 1972, and subsequently apProved by the Florida Department of Pollution Control, the City of Delray Beach has been designated as the Agency responsible for water treatment and/or sewage treatment and disposal service within the Delray Beach service area; and WHEREAS, implementation of that responsibility is subject to regulations and requirements of the: (1) Area Planning Board of Palm Beach County, (2) Florida Department of Pollution Control and, (3) U. S. Environmental Protection Agency; and WHEREAS, on January 15, 1973, the City of Delray Beach received a Temporary Operation Permit with certain stipulations pertaining to continued operation of the existing sewerage facilities and ocean out- fall system. One of the stipulations provided for additional connec- tions to the sewerage system by utilization of package treatment plants, providing a minimum of 90% treatment (BOP and SS removal). Another stipulation provide2 that the use of such pl~ts must be dis- continued and that they must be removed from the system as soon as the City's regional treatment plant is placed in operation; and 69 , II I I Ill I I I I I I II I' I I I I Ii · - ~ 69u WHEREAS, the Area Planning Board's regional plan requires that such interim plants be placed under direct control, operation and maintenance of the City of Delray Beach, the area Agency; and ~EREAS, at the Area Planning Board of Palm Beach County meeting held on February 22, 1973, the policy of the APB was changed to permi~ interim sewage treatment plants in Delray Beach providing that they meet APB and DPC and local guidelines for installation and operation; and WHEREAS, to facilitate implementation of Federal, State and County requirements for Developer desiring to obtain waste water dis- posal service for new construction within City's service area; I~OW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties hereto agree as follows: A. It is mutually agreed as follows: 1. That this agreement is supplementary and in addition to Federal, State and County requirements and guidelines for design, per- mits and approvals, operation and maintenance. 2. That prior to submittal to high authorities for permits and approvals, plans and specifications for interim package wastewater treatment plants and the information required by higher authority, including a legal description and survey of the plant site, must be submitted to and approved by the City of Delray Beach. Such submittals shall be made directly to the office of the City Engineer. The City approval by the City Engineer of such application will constitute merely a pro-forma approval subject to subsequent action by higher authorities and, as such, will not be sufficient authority for issuance of any construction permits. 3. That upon condit-13nal approval by the City, the applicant will be required to submit the necessary application and documents to -2- 69v the Area Planning Board of Palm Beach County and tb.e Palm Beach County Health Department for further processing to the Florida State Depart- ment of Pollution Control in accordance with the regulations of those agencies. 4. That no construction of interim treatment plants shall be' started until the applicant has received the required approvals of all County and State regulatory agencies, and a copy of the plans as finally approved filed with the City Engineer, as well as appropriate building permits as may be required by the Municipal or County agency having building-permit jurisdiction at the interim plant site. 5. That this agreement is in addition to, and does not supplant any established regulations covering zoning, site planning, engineering, building permits, or any other provisions of subdivision' and land development regulations as may be in effect pertaining to the area to be serviced by the interim package wastewater treatment plant. 6. That no certificate of occupancy shall be issued for units utilizing the treatment plant until approval Of the interim plant and permanent connection facilities have been approved and accepted by the City. 7. That where the permanent connection will not be dedicated through a recorded plat, such dedication shall be made by appropriate instruments at the time of execution of this agreement. B. Developer agrees as follows: 1. Upon completion of treatment plant, =o lease at no charge the treatment plant and site for temporary ownership and opera- tion by the City for full control and maintenance by the City until 24 hours (1 day) after receipt of said letter refer~ed to in 2 (a) following: 2. Post a bond in an amount as determined by the City Engineer. Such bond is to provide for: 69w (a) The immediate permanent connection to the City's system and disconnection of the interim treatment plant Upon receipt of written notification by certified mail to developer that City's new sewage treatment plant is ready to receive Developer's sewage, and · (b) The removal from the City of the interim treatment plant within 60 days after date of mailing said letter in (a) above. 3. As an integral part of the treatment plant, to install the necessary facilities for permanent transmission of sewage to the City's sewage collection system at a point in the City's proposed system as determined by the City Administration and the City's con- sulting engineers. Such permanent connection from Developer's collection system shall provide valves and piping as necessary for immediate disconnection of ~the interim plant from sewers in the Developer's area within 24 hours after receipt of said notice in 2 (a) above. 4. To have an interim treatment plant which will: (a} Dispose of all liquid effluent into the present City collection system. (b) Provide easy access to and within the plant site for removal of solid waste, sludge, etc. 5. During the period of operation and maintenance of interim plants by personnel of the City of Delray Beach, the Developer will be charged for such operation and maintenance in addition to the normal sewage ,system connection charges and monthly service rates currently applied to all other similar users (or "customers") of the City's sewerage system. Such charges will be based on the design capacity of the plant and shall be paid by Developer monthly in advance. -4- 99Z 69x Average No. Monthly Size of PI. ant of Units Operatinq Charqe 10,000 gals/d~y 30 $ 300 15,000 gals/day 45 $ 425 20,000 gals/day 60 $ 540 * 50,000 gals/day 150 $ 1,080 100,000 gals/day 300 $ 1,485 200,000 gals/day 600 $ 2,430 400,000 gals/day 1,200 $ 3,720 * Min. size interim STP permitted by APB of PBC C. city agrees to: 1. Operate the interim plant upon receiving the lease and acceptance by the City Engineer. 2. Release the bond upon the permanent conversion to the City sewage system and removal of interim plant from City. D. The parties have read and understand the whole of the ~bove Agreement and now state that no representation, promise or agreement not expressed in this Agreement has been made to induce either party to enter into it. IN W%TLrESS WHEREOF, the Developer and the City have hereunto caused to be affixed the signatures and seals of their respective officers on the day and year first above written. CITY OF DELRAY BEACH, (SEAL) & Municipal corporation ATTEST: By: (SEAL) ATTEST: By: STATE OF FLORIDA ) COUNTY OF PALM BEACH ) BEFORE ME, the undersigned authority, personally appeared of the City of Delray Beach, Florida, ~u~d acknowledged that they 69z are the appropriate City officials qualified to execute the foregoing Agreement and that they have executed said Agreement for the purposes therein expressed. SWORN TO A~N-D SUBSCRIBED before me this day of 1973. Notary Public, State of Florida at Large My Commission Expires STATE OF FLORIDA ) COUNTY OF PALM BEACH ) BEFORE ME, the undersigned authority, personally appeared of and acknowledged that they are the appropriate corporate officials qualified to execute the foregoing Agreement and that they have executed said Agreement for the purposes therein expressed. SWORN TO AND SUBSCRIBED before me this day of 1973. Notary Public, State of Florida at Large My Commission Expires -6- 69aa RESOLUTION NO. 15-73 RESOLUTION REQUESTING PALM BEACH COUNTY LEGISLATIVE DELEGATION TO AMEND THE FLORIDA STATE COMPREHENSIVE PLANNING ACT OF 1972 AND TO RE-ESTABLISH PLANNING DISTRICT DESIGNATIONS WHEREAS, the Secretary of Administration of the Florida Department of Administration has divided the State of Florida into 10 districts for the purpose of regional comprehensive planning as authorized by Section 23.0115 (1), Florida Statutes; and WHEREAS, Palm Beach County has been placed in District 10 with Martin, St. Lucie, Broward, Dade and Monroe Counties; and WHEREAS, the population and economy, as well as the problems of Palm Beach County are different from those of Broward, Dade and Monroe Counties; and WHEREAS, the Board of County Conmmissioners of Palm Beach County has adopted Resolution No. R-73-113 opposing the placing of Palm Beach County in the District encompassing Martin, St. Lucie, Broward, Dade and Monroe Counties, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA: Section 1. That the City Council does hereby officially object to being included in District 10 and instructs the City Manager to so inform the Secretary of Administration and request that Palm Beach County be grouped with Indian River, Okeechobee, Martin and St. Lucie Counties, as representing a logical grouping of counties having similar problems. Section 2. That the Legislative Delegation for Palm Beach County is hereby requested to reconsider the provisions of the "Florida State Comprehensive Planning Act of 1972" and to amend said act to provide that the establishment of such regional planning districts shall not become effective until approved by the Legislature in the same manner that is provided for the adoption of the State Comprehensive Plan under Section 23.013, Florida Statutes. Section 3. That certified copies of this resolution be forwarded to the Legislative Delegation for Palm Beach County and to the Board of County Commissioners in Martin, Indian River, Okeechobee and St. Lucie Counties and to the City Councils and Commissions in Palm Beach County with a request that said counties and cities support Palm Beach County's position. PASSED AND ADOPTED this 26th day of March, 1973. y YO R ATTEST: ~'c'i ny C1 erk ~,~/ [9~, I I Ill I il ii II i I · 69bb OPJ3 IL~ANCE NO . 5- 73 . AN ORDINAL~CE OF THE CITY COUNCIL OF TIlE CITY OF DELI~AY BEACH, FLOR/DA, AMEi~ING SUE'.SECTION 29-5, CI~APTE]~ 29 "ZONING" OF THE CITY'S CODE OF OkDIN- ANCES ]?EF~TAIi~ING TO EUIIDING HEIGiITS Ai~D SETEJ~CKS IN THE RM-10 ZONING DISTRICT. WI~IEREAS, the Planning and Zoning Board kas recommended changes in building heights and setbacks in the RM-10 zoning; and ~IEREAS, the City Administration concurs in said recommendations; and Wt{EREAS, the City Council of the City of Delray Beach, Florida, has determined that such changes should be made, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF TILE CITY OF DELRAY BEACH, FLOKIDA, AS FOLLOWS: SECTION 1. That subsection 29-5 (E) (1) of Chapter 29 of the Code of Ordinances be amended to read as follows: Sec. 29-5 (E) (1) Minimum Lot or Parcel of Land RM-10 PC~- 15 First two (2) units 6,000 sq. ft. 8,000 sq. ft. Each additional unit 4,600 sq. ft. 2,900 sq. ft. Maximum Floors 3 floors 5 residential floors SECTION 2. That subsection 29-5 (G) of Chapter 29 of the Code of Ordinances be amended to read as follows: Sec. 29-5 (G) Minimum Building Setbacks (1) RM-10o The following shall be the minimum building setbacks, by total number of floors, for all multiple family structures permitted and described in the RM-10 Zoning District: FLOORS 1-2 3 (a) Front 25 feet 25 feet (b) Side (interior) 15 feet 25 feet (c) Side (street) 25 feet 25 feet (d) Rear 25 feet 25 feet (2) RM-15. The following shall be the minimum building setbacks, by residential floors, for all multiple family structures permitted and described in the RM-15 Zoning District: FLOORS 1-2 3 4-5 (a) Front 25 feet 25 feet 30 feet (b) Side (interior) 15 feet 25 feet 25 feet. (c) Side (street) 25 feet 25 feet 25 feet (d) Rear 25 feet 25 feet 25 feet 69cc Page 2. Ordinance No. 5-73. (3) Al.]_ setbacks shall be measured from the street right-of-way linc, and where special setback lines have been established on any street or high¥;ay for street widening pur- poses, front and street side yards shall be measured from the special setback line on the property. (4) Swimming pools in R24-i0 and RM-15 may be permitted in any yard provided that they comply with Ordinance Sec. 17-2S.. 1 and comply with the setback lines. (5) Single family residences will be permitted to observe the setbacks set forth for the R-lA district. SECTION 3. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. PASSED AA~D ~DOPTED in regular session on the second and final reading on this day of , 1973. MAYOR ATTEST: City Clerk First Reading March 12, 1973 . Second Reading . Public Hearing March 26, 1973 __.