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04-93 ORDINANCE NO. 4-93 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.5.5, "PALM BEACH COUNTY ORDINANCES", OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SUB-SECTION 4.5.5(B), "WELLFIELD PROTECTION ORDINANCE", TO PROVIDE FOR A PROHIBITION ON THE INSTALLATION OF NEW IRRIGATION WELLS OR RECONDITIONING OF EXISTING IRRIGATION WELLS TO A GREATER DEPTH WITHIN ZONES 1, 2 AND 3 OF THE SERIES 20 WELLFIELD AS INDICATED ON THE PALM BEACH COUNTY DEPARTMENT OF ENVIRONMENTAL RESOURCES MANAGEMENT'S APPROVED WELLFIELD MAP; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach, Florida, has the authority to regulate the use of water within the City of Delray Beach in order to protect the health, safety and welfare of its residents; and, WHEREAS, at the present time there is contamination surrounding the 20 Series Wellfield as indicated on the Palm Beach County Department of Environmental Resources Management's Approved Wellfield Map; and, WHEREAS, in order to limit the movement of contaminants from the 20 Series Wellfield, the City Commission of the City of Delray Beach finds it necessary to implement regulations which will prohibit the installation of new irrigation wells in the Series 20 Wellfield; and, WHEREAS, the City of Delray Beach Planning and Zoning Board, as the Local Planning Agency, has found the modifications her~in consistent with the City of Delray Beach Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, AS FOLLOWS: Section 1. That Chapter 4, "Zoning Regulations", Article 4.5, "Overlay and Environmental Management Districts", Section 4.5.5, "Palm Beach County Ordinances", Sub-section 4.5.5(B), "Wellfield Protection Ordinance", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (B) Wellfield Protection ~~ (1) Reference: ~/~~/~7 The Palm Beach qount~ Wellfield Protection Ordinance as initially adopted on March 07, 1988, and as amended thereafter, applies within the municipal limits of Delray Beach. (2) Applicability: To land contained within Wellfield Protection Zones 1, 2, ~ 3, and 4 as depicted upon the F~/~//~/~//~/~//~~9~//pl~ Wellfield Protec%ion Ma~ Series as maintained by the Palm Beach County Department of Environmental Resources Management and upon which any of the following uses or activities are proposed: (a) Application for a building permit for nonresidential activity; (b) Application for a building permit for residential development of twenty-five (25) or more units; (c) Application for a nonresidential development subject to site plan review or conditional use review and approval. (3) Process: (a) Development Applications: When the above activities occur, the City shall require the applicant to file an "Affidavit of Notification" signed by the County Department of Environmental Resources Management as a part of submission materials. When site plan or conditional use apDroval is required, Tthe staff report provided to the approving body shall contain information as to the potential existence of regulated substances and the manner in which compliance with applicable provisions of the Ordinance will be achieved. (b) Occupational Licenses: Prior to issuance of a new occupational license, certification from the Department of Environmental Resources Management as to conformance of the use to applicable requirements of the Wellfield Protection Ordinance, must be provided to the City. (4) Additional Restrictions: In addition to the provisions of the Countywide Wellfield Protection Ordinance~ the following special regulations apply within the City of Delra¥ Beach. (.a) The installation of any private well within Zones 1, 2, and 3~ as depicted on Palm Beach County's Department of Environmental Resources Management Wellfield Protection Map~ for the City's Series 20 Wellfield, is prohibited. (b) The replacement, reconditioning or extension of the depth of any private well within Zones 1, 2~ and 3, as depicted on Palm Beach County's Department of Environmental Resources Management Wellfield 'Protection Map~ for the City's Series 20 Wellfield, is prohibited. Section 2. That all ordinances or parts of ordinances which are in conflict herewith are hereby repealed. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect'the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That this ordinance shall become effective ten (10) days after its passage on second and final reading. - 2 - Ord. No. 4-93 PASSED AND ADOPTED in regular session on second and final reading on this the 2~h day of January , 1993. ATTEST: C~fty c'ie ~ First Reading January 12, 1993 Second Reading January 26, 1993 - 3 - Ord. No. 4-93 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS SUBJECT: AGENDA ITEM #/OC - MEETING OF JANUARY 26, 1993 ORDINANCE NO. 4-93/WELLFIELD PROTECTION DATE: JANUARY 21, 1993 This is second reading of an ordinance which amends subsection 4.5.5(B) of the Land Development Regulations (Wellfield Protection) to prohibit the installation of new irrigation wells (or the replacement, reconditioning or extension of the depth of existing private wells) within Zones 1, 2 and 3 as established for the City's Series 20 Wellfield (located in the vicinity of S.W. 10th Street, east of 1-95). Because the Series 20 Wellfield is experiencing contamination, it is necessary to restrict the use of private wells (for irrigation or work purposes) within the limits of Zones 1, 2 and 3. By doing so, the migration of contaminants can be restrained and they can be picked up through our municipal wells which are equipped to remove the contaminants through an air-stripping process. The Planning and Zoning Board has reviewed this item and recommends approval. At the January 12, 1993, meeting, the City Commission passed Ordinance No. 4-93 on first reading by a vote of 5 to 0. Recommend approval of Ordinance No. 4-93 on second and final reading. CITY COMMISSION DOCUMENTATION TO: ~AVID T. HARDEN, CITY MANAGER FROM: DAVID RJ. KOVACS, DIREC O DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF JANUARY 12, 1993 PROPOSED ORDINANCE PROHIBITING PRIVATE WELLS WITHIN THE SERIES 20 WELLFIELD AND OTHER CHANGES TO LDR SECTION 4.5.5(B)~ WELLFIELD PROTECTION ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of an Ordinance which will prohibit the installation of private wells within Wellfield Protection Zones 1, 2, and 3 as established for the Series 20 Wellfield. The Series 20 Wellfield is located in the vicinity of SW 10th Street, east of 1-95. See general location which is attached. In addition, other up-dating changes are proposed to Section 4.5.5(B) which provides for Wellfield Protection. BACKGROUND: The Countywide Wellfield Protection Ordinance applies within the City. A reference to it, along with local requirements, is found in LDR Section 4.5.5(B). Over time, the County Wellfield Protection Ordinance has been revised and it is appropriate to also revise our regulations to provide for consistency. In addition, because the Series 20 Wellfield is experiencing contamination it is necessary and appropriate to impose restrictions on the use of private wells (for irrigation or work purposes) within the limits of Protection Zones 1, 2, and 3. By restricting such wells, the migration of contaminants can be restrained and they can be picked-up through our municipal wells which are equipped to remove the contaminants through an air-stripping process. City Commission Documentation Proposed Ordinance Prohibiting Private Wells Within The Series 20 Wellfield and Other Changes to LDR Section 4.5.5(B), Wellfield Protection Page 2 PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board will formally reviewed this item at its meeting of January 11, 1993. There findings and recommendation will be reported at the City Commission meeting. RECOMMENDED ACTION: By motion, approval of ordinance on first reading. Attachment: * P&Z Staff Report & Documentation of January 11, 1993 * Ordinance by others DJK/T:CCSER20.DOC PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING OF: JANUARY 11, 1993 AGENDA ITEM: LDR TEXT AMENDMENT RE WELLFIELD PROTECTION ITEM BEFORE THE BOARD: The item before the Board is that of making a recommendation to the City Commission regarding a proposed change to the LDRs. The changes contemplated in this proposed ordinance affects wellfield protection and includes: * Up-dating changes to LDR Section 4.5.5(B). * A new prohibition on drilling, reconditioning, or extending to a greater depth any existing well within Zones 1, 2, and 3 within the Series 20 Wellfield. BACKGROUND: The Countywide Wellfield Protection Ordinance applies within the City. A reference to it, along with local requirements, is found in LDR Section 4.5.5(B). Over time, the County Wellfield Protection Ordinance has been revised and it is appropriate to also revise our regulations to provide for consistency. The revisions also bring the regulations into compliance with policy directives in the Comprehensive Plan e.g. expansion of protection to Zone 4. In addition, because the Series 20 Wellfield is experiencing contamination, it is necessary and appropriate to impose restrictions on the use of private wells (for irrigation or work purposes) within the limits of Protection Zones 1, 2, and 3. By restricting such wells, the migration of contaminants can be restrained and they can be picked-up through our municipal wells which are equipped to remove the contaminates through an air-stripping process. The proposed amendments are not only consistent with the Comprehensive Plan, but also further its objectives. RECOMMENDED ACTION: By motion and upon a finding that the proposed changes to LDR Section 4.5.5(B) are consistent with, and further, the goals of the Comprehensive Plan that they be approved. Attachment: * Mark-up of S~ctio~~ 4.5.~(~)~showing additions and deletions Report prepared Section 4.5.5 Palm Beach County Ordinance: Palm Beach County is a Charter County and, as such, has the ability to enact ordinance which are effective within municipal boundaries. The manner in which such ordinances, which impact the land development process, are accommodated within the City of Delray Beach is set forth below. (B) Wellfield Protection (1) Reference: ~~ ~~ ~ The Palm Beach County Wellfield Protection Ordinance as initially adopted on March 07, 1988, and as amended thereafter~ applies within the municipal limits of Delray Beach. (2) Applicability: To land contained within Wellfield Protection Zones 1, 2, ~ 3, and 4 as depicted upon the Z~ ~ M~ ~ Z~ ~~~*~ ~ Wellfield Protection Map Series as maintained by the Palm Beach County Department of Environmental Resources Management and upon which any of the following uses or activities are proposed: (a) Application for a building permit for nonresidential activity; (b) Application for a building permit for residential development of twenty-five (25) or more units; (c) Application for a nonresidential development subject to site plan review or conditional use review and approval. (3) Process~ (a) Development Applications: When the above activities occur, the City shall require the applicant to file an "Affidavit of Notification" signed by the County Department of Environmental Resources Management as a part of submission materials. When site plan or conditional approval is required~ T~he staff report provided to the approving body shall contain information as to the potential existence of regulated substances and the manner in which compliance with applicable provisions of the Ordinance will be achieved. (b) Occupational Licenses: Prior to issuance of a new occupational license, certification from the Department of Environmental Resources Management as to conformance of the use to applicable requirements of the Wellfield Protection Ordinance, must be provided to the City. (4) Additional Restrictions= In addition to the provisions of the Count~wide Wellfield Protection Ordinance~ the following special regulations apply within the City of Delray Beach. (a) The installation of any private well within Zones id 2~ and 3~ as depicted on Palm Beach County's Department of Environmental Resources Management Wellfield Protection Map~ for the City's Series 20 Wellfield is prohibited. .(b) The replacement~ reconditioning, or extension of the depth of any private well within Zones 1d 2~ and 3~ as depicted on Palm Beach County's Department of Environmental Resources Management Wellfield Protection Map~ for the City's Series 20 Wellfield is prohibited. - 2 - 0 MMUNITY FACILITIEI MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~ITY MANAGER SUBJECT: AGENDA ITEM $ ~ - MEETING OF JANUARY 12. 1993 ORDINANCE NO. 4-93 DATE: January 8, 1993 This is the first reading of an ordinance amending Subsection 4.5.5(B) of the Land Development Regulations to provide for a prohibition on the installation of new private or reconditioning of existing private wells to a greater depth within Wellfield Protection Zones 1, 2 and 3 of the Series 20 Wellfield. Due to the contamination within the 20 Series Wellfield, it is necessary to restrict private well use to restrain the migration of contaminates. By restraining the contaminant migration, it can be pumped through the City's system which removes the volatile organic compounds. Recommend approval of Ordinance No. 4-93. to replace collapsing storm sewers in Spanish Trail adjacent to Tropic Harbor, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held January 26th. The City Manager presented Ordinance No. 3-93: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TABLE IV-3 OF THE CITY OF DELRAY BEACH COMPREHEN- SIVE PLAN, THE FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECTS GREATER THAN $100,000, ON AN EMERGENCY BASIS TO ACCOMMODATE A DRAIN- AGE CAPITAL IMPROVEMENT; PROVIDING FOR EXEMP- TION FROM THE TRANSMITTAL-AND-ORD PROCESS; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Mouw moved for the adoption of Ordinance No. 3-93 on First Reading, as amended, seconded by Mr. Randolph. Upon roll call the. Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 5 to 0 vote. 12.C. Ordinance No. 4-93. Ordinance No. 4-93, amending Subsection 6.1.10(B)(5), "Prohibition on Use of City Water for Irrigation" to provide for a prohibition on the installation of new private irrigation wells or reconditioning of existing pri- vate irrigation wells to a greater depth within Wellfield Protec- tion Zones ! and 2 of the 20-Series Wellfield. City Manager recommends approval. If passed, Public Hearing will be held January 26th. The City Manager presented Ordinance No. 4-93: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA AMENDING SEC- TION 4.5.5 "PALM BEACH COUNTY ORDINANCES", OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SUB-SECTION 4.5.5(B), "WELLFIELD PROTECTION ORDINANCE", TO PROVIDE FOR A PROHIBITION ON THE INSTALLATION OF NEW IRRIGATION WELLS OR RECONDITIONING OF EXIST- ING IRRIGATION WELLS TO A GREATER DEPTH WITHIN ZONES 1, 2, AND 3 OF THE SERIES 20 WELLFIELD AS INDICATED ON THE PALM BEACH COUNTY DEPARTMENT OF ENVIRONMENTAL RESOURCE MANAGEMENT'S APPROVED WELLFIELD MAP; PROVID- ING A REPEALER CLAUSE, A SAVINGS CLAUSE, AND AN EFFECTIVE DATE. -16- 1/12/93 The City Attorney read the caption of the ordinance. Mr. Mouw moved for the adoption of Ordinance No. 4-93 on First Reading, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. At this point the Commission returned to the remainder of the Regular Agenda. 9.E. Consideration of Bid Award/Master Pump Station Project. The Commission is to consider the bids received for the Master Pump Station Project, waiving irregularities for the low bidder and awarding the contract for the Master Pump Station project. The City Manager stated a request has been received from the attorney for Utilities Services, Inc., that this item be delayed. The City Attorney stated it is his understanding that Utilities Services, Inc., the apparent low bidder, has filed a complaint for injunctive relief seeking an award of contract. There were omissions and errors within the bid document. The City can waive those irregularities; however the City is under no obligation to do this. The bid of Harry Pepper and Associates was executed perfectly and his office and staff recommends that the contract be awarded to this bidder and not waive the bidding irregularities of Utilities Services, Inc. Mr. Mouw moved to accept the recommendation of staff and award the bid to Harry Pepper and Associates, Inc., for the In-Line Booster Pump Station, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Randolph - Yes;-Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. 9.F. Award of Bid/Drainage Improvements - Tropic Har- bor/Spanish Trail. The Commission is to consider awarding the bid for Drainage Improvements - Tropic Harbor/Spanish Trail to Tiger Construction Services, Inc., in the amount of $198,865 with funding from Storm Water Utility - N.W. Drainage (Account No. 448-5411-538-62.11/$25,000), Germantown (Account No. 448-5411-538-62.15/$100,000), N.W. Drainage Phase I (Account No. 448-5411-538-62.16/$50,000), and Homewood Drainage (Account NO. 448-5411-538-63.31/$30,000). The indicated amounts will be transferred into Tropic Harbor Drainage (Account No. 448-5411-538-63.32). The City Manager commented that there is one matter related to this that he would like to bring to the attention of the Commission, wherein the system has been designed and bid with the air-conditioning cooling water being removed. If it should be left in, the system would not be large enough to handle the -17- 1/12/93 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TABLE IV-3 OF THE CITY OF DELRAY BEACH COMPREHENSIVE PLAN, THE FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECTS GREATER THAN $100,000, ON AN EMERGENCY BASIS TO ACCOMMODATE A DRAINAGE CAPITAL IMPROVEMENT; PRO- VIDING FOR EXEMPTION FROM THE TRANSMITTAL-AND-ORC PROCESS; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 3-93 is on file in the official Ordinance Book.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compli- ance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed° Dr. Alperin moved for the adoption of Ordinance No. 3-93 on Second and FINAL Reading, seconded by Mr. Mouw. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 5 to 0 vote. 10.C. Ordinance No. 4-93. Ordinance No. 4-93, amending Section 4.4.5(B) of the Land Development Regulations to provide for a prohibition on the installation of new private irrigation wells or reconditioning of existing private irrigation wells to a greater depth within Wellfield Protection Zones 1, 2 and 3 of the 20-Series Wellfield, is before the Commission for consideration on Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 4-93: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.5.5, "PALM BEACH COUNTY ORDINANCES" OF THE LAND DEVEL- OPMENT REGULATIONS OF THE CO~E OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SUBSECTION 4.5.5(B), "WELLFIELD PROTECTION ORDI- NANCE'', TO PROVIDE FOR A PROHIBITION ON THE IN- STALLATION OF NEW IRRIGATION WELLS OR RECONDITION- ING OF EXISTING IRRIGATION WELLS TO A GREATER DEPTH WITHIN ZONES 1, 2 AND 3 OF THE SERIES 20 WELLFIELD AS INDICATED ON THE PALM BEACH COUNTY DEPARTMENT OF ENVIRONMENTAL RESOURCES MANAGEMENT'S APPROVED WELLFIELD MAP; PROVIDING A GENERAL RE- PEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 4-93 is on file in the official Ordinance Book.) -10- 1/26/93 The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compli- ance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Randolph moved for the adoption of Ordinance No. 4-93 on Second and FINAL Reading, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 10.D. Donat£o~ of Property to Habitat For Humanity. The Commission is to consider approving the donation of City-owned property located on S.W. 7th Avenue to Habitat For Humanity. The City Attorney stated that prior to the donation of public property, a public hearing is required. Such public hearing has been duly noticed and scheduled for this time. Mayor Lynch declared the public hearing open. No one from the audience wished to address the Commission; therefore, the public hearing was closed. Dr. Alperin moved to approve the donation of City-owned property located on S.W. 7th Avenue to Habitat For Humanity, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. Comments and Inquiries on Non-Agenda Items. from the il,A, City Manager's Response: The City Manager advised there are no inquiries from the public to report back on this evening. ll.B. From the Public: ll.B.1. Mr. William F, Andrews, who referenced an article in the January 26, 1993, edition of the Sun-Sentinel entitled "Rail Set to Grow at Ports." Mr. Andrews noted that the article refers to Miami and Fort Lauderdale ports and, at first blush, it is encouraging that business is growing in South Florida, but it also means that all of this expanded freight is earmarked to come down the FEC railway which runs right through Delray Beach. He felt that this would translate into a lot more train traffic which would have a negative impact on living conditions in the city, and expressed concern that DCA had not come to the cities and asked for input. He suggested that the State ought to con- sider looking west to accommodate a new rail line if they want to, but certainly not increase the traffic on the FEC line to the magnitude purported by the article. Mr. Andrews stated that he feels this is a serious situation which the Commission ought to look into. -11- 1/26/93 ROCA mi~), ~ T~y, J~ l~, · ~ Ci~ C~ C~ ~h, at ~h ti~ ~ Ci~ C~mi~ Published Daily ~ ~ ~ ~. r~ at ~ ~ice ~ ~ C~ Cl~ al Boca ~aton, Palm Beach ~Oll~Ly, Florida ~., ~, ~ '~",. '"~ Delray Beach, Palm Beach Count, y. Florld~ ~'~2'~2~-"*~ A~ ORDi~NCE OF THE CiTY ~ OOUNT~ OF PAlM BEACH ZO.E~ .L ~ULT~L~ Before the undersigned authoviLy ~personally .,. A ~.T,O. o~ A.E~ appeared Nancy Smith, Inside Sales Man- ~.~ ~,.to .~.E,.; ~ger of The News, daily newspapers pub- ~',~, ~ov,~,.o~*A~ ~c.,A 0~.E~L~°~'~*~- llshed tn Boca. ~ton In Palm Beach County, c~us~,~tA~* ~.0c~us~'~. ~CT~V~ Florida; that the attached copy of advertise- ment was published In said newspapers in the issues of: B~E IV~ ~ THE CiTY OF DELRAY B~CH C~EHEN$IVE THE FiVE YEAR CAPITA~ PROV~ENTS SCHEDULE FOR PROJECTS GREATER THAN SI~, ON AN EMERGENCY tNG FOR EXEMPTION FR~ THE T~AN~ITT~L~N~RD PR~ESS; PROVtDI~ A GENERAL REPEAL- ER C~U~, A ~Vl~ C~USE, AND A~ EFFECTIVE DATE. Affiant further says tl~at The News is a now~pgpor publlshod In Boc~ Rat, on, In said Palm Bo~eh ~ounty, Florida, Monday through Sunday, and has been entered as second class maU;er at l;l~O pont, office tn Boe~ ~ton, Palm Boo,eh County, Florida,, for a period of one ~ear next preceding the first publicgtion o[ U~e attached copy of advertisement; and affiant further says that ho has neither pa~d nor promtsed any p~rson, Hrm or eorporaHon any roba[o, commission or re[und for the pur- pose of securing this advertisement for pub- licaUon in ~gid newspapers. Sworn to and subscribed before me this , '.. fnru e ice Ins. Co. {i0o'